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2016-02-23 CC Agenda PacketPLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA ....._.............. MOUND CITY COUNCIL TUESDAY, FEBRUARY 23, 2016 - 7:00 PM REGULAR MEETING MOUND CITY COUNCIL CHAMBERS *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Page Opening meeting Pledge of Allegiance 3. Approve agenda, with any amendments 4. *Consent A eada *A. Approve payment of claims 342-375 *B. Approve minutes: 1. Jan 26, 2016 Regular Meeting 376-386 2. Feb 9, 2016 Regular Meeting 387-394 *C Approve 1-4 Day Temporary On -Sale Liquor License for Northwest Tonka Lions 395 for a WeCAN fundraiser on March 10, 2016 at the Gillespie Center, with fees paid. *D Approve resolution declaring April 2016 as Teen Homelessness Awareness Month 396-397 397 *E Approve special meetings for 2016: 1. Supervisors' Annual Reports to the City Council: Apr 19, 2016, 6:30 pm 2. Rescheduled Aug 9, 2016 regular meeting due to primary election: Wed, Aug 10, 2016, 7:00 pm 3. 2017 Budget Workshop: Oct 18, 2016, 6:30 pm 4. Rescheduled Nov 8, 2016 regular meeting due to general election: Wed, Nov 9, 2016, 7:00 pm *F Approve a resolution approving proposed application for 2016 Urban Hennepin 398-403 County Community Development Block Grant (CDBG) program funds and 398 authorizing execution of subrecipient agreement with Urban Hennepin County and Any Third Party Agreements *G Approve a resolution approving Expansion Permit for 5000 Tuxedo Boulevard 404-421 (Planning Case No. 15-26) 405 *H Approve a resolution approving Expansion Permit for 4948 Edgewater Drive 422-441 (Planning Case No. 16-01) 423 *I Approve a resolution affirming the Community Development Director's determination of 442-471 the lot orientation for the property at 4730 Galway Road and denying appellant's appeal. 443 *J Approve Pay Request No. 3 from Pember Companies, Inc. in the amount of $20,162.17 472-473 for the 2015 Lift Station Improvement Project, City Project No. PW -15-04 PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. *K Approve a Resolution Approving Plans and Specifications, 2016 Street, Utility and 474-476 Retaining Wall Improvements, City Projects Nos. PW -16-01, PW -16-02, PW -16-03 476 *L Approve a Resolution Ordering Preparation of Engineering Report, 2016 Lift Station 477-478 Improvements Project, City Project No. PW -16-05 478 Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) 6. Presentation by Senator Osmek regarding forthcoming MN Legislative Session 7. Presentation by Pam Myers, representing Westonka Historical Society, and providing a bi-annual update of historical society activities for the period July 2015 through December 2015 Sarah Smith, Community Development Director requesting discussion and action on Planning Commission recommendations: A. Public Hearing - Rezoning Application (Planning Case No. 16-02) 479-500 Location: 1861 Commerce Boulevard Applicant: Trident Development, LLC Owner: Great Southern Bank B. Action to adopt Ordinance 16- _ Approving Rezoning of Certain Properties from 481-482 B-2 General Business District to R-3 Multiple Family Residential John Beise, Spirit of the Lakes Festival, requesting action on an Agreement for Provision of 501-511 Community Services Organization of Annual Community Festival 502 10. Catherine Pausche, Director of Finance and Administrative Services, requesting discussion/ 512-519 Action on implementation of GASB 67/68 and participation in the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting program. 11. Action to approve a Resolution Approving Public Gathering Permit and Musical Concert Permit 520-526 for 2016 Moonlight Trail Night, with Reduced Public Lands Permit Fee due to Public Purpose 523 of the Gathering 12. Eric Hoversten, Director of Public Works, and Brian Simmons, Assistant City Engineer presenting follow up information requested by Council to continue discussion on Inflow and Infiltration (I/I) in the City Public and Private Sewer Lines 13. Information/Miscellaneous A. Comments/reports from Councilmembers B. Reports: Reports - Finance Dept - 12/31/15 PRELIMINARY Reports 527-529 C. Minutes: 1/14/16 Parks and Open Spaces Commission D. Correspondence: LMCC HD Broadcast Announcement Memo 14. Adjourn 530-531 532 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: ia,i iv.cityofinoundcom. COUNCIL BRIEFING FEBRUARY 23, 2016 Upcoming Events Schedule: Don't Forget!! Feb 23 -- 6:55 -- HRA regular meeting Feb 23 -- 7:00 -- CC regular meeting (Senator Osmek) Feb 25 -- 6:30 -- Volunteer Recognition Event at the Gillespie Center Mar 5 -- 5:00 to 8:00 pm -- Moonlight Trail Night Mar 8 -- 6:55 -- HRA regular meeting Mar 8 -- 7:00 -- CC regular meeting Mar 13 -- Daylight Savings Time Begins Mar 15 -- 4:30 MCES Open House re: Island Park Intercept and Lift Station Reconstruction Mar 22 -- 6:55 -- HRA regular meeting Mar 22 -- 7:00 -- CC regular meeting Apr 12 — 6:55 — HRA Regular Meeting Apr 12 — 7:00 — CC Regular Meeting Apr 19 (Tent) -- 6:30 -- Department Heads Annual Reports to the City Council Apr 26 — 6:55 — HRA Regular Meeting Apr 26 — 7:00 — CC Regular Meeting May 1 — Enter summer hours (7:30 — 5:00 M -T, 7:30 —1130 F) through 30 Oct City Offices Closed 30 May — Memorial Day City Official's Absences Please notify the City Manager in advance of an absence. Some votes require more than a simple majority and Staff needs to plan accordingly. Inquire in advance, please...... Council members are asked to call or email their questions in advance of a public meeting so that more research may be done or additional information may be provided that will assist in your quality decision- making. City of Mound Claims 02-23-16 YEAR BATCH NAME 2015 2015MYQP17 2015 2015ELANAP18 2015 20150TYAP19 2015 1215APKENGRV 2015 4Ql5BLDGCHG 2016 020816DVS 2016 0216UBREFUND 2016 021116CTYMAN Z0 6 Z23III 6CITY 680.99 4D237.00 219424.67 X1:.00 x:4.35 111D471050 conte on next page Coty of Mound CW'ms 02=23-16 YEAR BATCH NAME DOLLAR AMOUNT 2016 02231L6HWS $ 62P655T08 2016 022316 0T1 $ 18D526.19 2016 FEB16UBREFND $ 4630 -343- CITY OF MOUND 02/10/164:40 PM Page 1 Current Period: Closing 2015 Batch Name 2015CITYAP17 User Dollar Amt $4,192.40 Payments Computer Dollar Amt $4,192.40 $0.00 In Balance Refer 1 EGAN COMPANIES _ AP Payment E 101-43100-440 Other Contractual Servic STREET LIGHTING MTCE- NOV 2014 6- $4,192.40 MONTH INSPECTION WO#8-2015 Invoice jc10131983 1/26/2016 Transaction Date 2/10/2016 Due 12/31/2015 Accounts Payable 20200 Total $4,192.40 Fund Summary 20200 Accounts Payable 101 GENERAL FUND $4,192.40 $4,192.40 Pre -Written Check $0.00 Checks to be Generated by the Computer $4,192.40 Total $4,192.40 -344- CG TY OF MOUND Payments Current Period: Closing 2015 02/11/16 10:25 AM Page 1 Pre -Written Check $0.00 Checks to be Generated by the Computer $810.97 Tota 1 $810.97 Mn Batch Name 2015ELANAP18 User Dollar Amt $810.97 Payments Computer Dollar Amt $810.97 $0.00 In Balance Refer 12 ELAN CREDIT CARD _ AP Payment E 101-41920-440 Other Contractual Servic WEB NETWORK SOLUTIONS- $29.98 CITYOFMOUND.COM WEBSITE ANNUAL REGISTRATION Invoice 012516 12/23/2015 AP Payment E 101-43100-226 Sign Repair Materials TOOLTOPIA- LINCOLN LUBRICATION- $139.97 STREETS Invoice 012516 12/22/2015 AP Payment E 101-43100-434 Conference & Training AMERICAN PUBLIC WORKS ASSOC FALL $245.00 CONF REGISTRATION- NOV 19-20 2015 E. HOVERSTEN Invoice 012516 12/23/2015 AP Payment E 602-49450-433 Dues and Subscriptions AMERICAN PUBLIC WORKS ASSOC ANNUAL $375.00 MEMBERSHIP -CITY OF MOUND- E. HOVERSTEN & R. HANSON Invoice 012516 12/23/2015 Project 15-3 AP Payment E 222-42260-402 Building Maintenance FLUORESCENT BALLASTS- LITES- FIRE $7.65 DEPT BLDG & CITY HALL BLDG SPLIT Invoice 012516 12/22/2015 AP Payment E 101-41930-400 Repairs & Maintenance FLUORESCENT BALLASTS- LITES- FIRE $7.64 DEPT BLDG & CITY HALL BLDG SPLIT Invoice 012516 12/22/2015 AP Payment E 222-42260-210 Operating Supplies AMAZON.COM DECAL ADHESIVE VINYL $5.73 LETTERS & NUMBERS- FIRE DEPT Invoice 012516 12/30/2015 Transaction Date 2/11/2016 Due 12/31/2015 Accounts Payable 20200 Total $810.97 Fund Summary 20200 Accounts Payable 101 GENERAL FUND $422.59 222 AREA FIRE SERVICES $13.38 602 SEWER FUND $375.00 $810.97 Pre -Written Check $0.00 Checks to be Generated by the Computer $810.97 Tota 1 $810.97 Mn CrN OF MOUND 02/17/16 9:28 AM Page 1 payment Current Period: Closing 2015 Batch Name 2015CITYAP19 User Dollar Amt $680.99 Payments Computer Dollar Amt $680.99 Refer AP Payment $0.00 In Balance 1 LOFFLER COMPANIES, INCORPO _ E 101-42400-202 Duplicating and copying KONICA MINOLTA HP3035 FINANCE/P &I COPIER B & WHT COPIES 10-20-15 THRU 1- 19-16 $98.78 Invoice 2160397 1/27/2016 AP Payment E 101-41500-202 Duplicating and copying KONICA MINOLTA HP3035 FINANCE/P &1 $98.78 COPIER B & WHT COPIES 10-20-15 THRU 1- 19-16 Invoice 2160397 1/27/2016 AP Payment E 101-42400-202 Duplicating and copying PRINTER HP4100 P&I COPIER B & WHT $40.44 COPIES 10-20-15 THRU 1-19-16 Invoice 2160397 1/27/2016 Transaction Date 2/11/2016 Due 12/31/2015 Accounts Payable 20200 Total $238.00 Refer 2 STONEBROOKE EQUIPMENT, INC _ AP Payment E 101-45200-404 Machinery/Equip Repairs PLOW HEADLIGHTS- PARKS #210 $366.99 Invoice 37755 12/29/2015 AP Payment E 101-45200-404 Machinery/Equip Repairs TOGGLE SWITCH- POWER HITCH- PARKS $76.00 #210 Invoice 37763 12/29/2015 Transaction Date 2/11/2016 Due 12/31/2015 Accounts Payable 20200 Total $442.99 Fund Summary 20200 Accounts Payable 101 GENERAL FUND $680.99 $680.99 Pre -Written Check $0.00 Checks to be Generated by the Computer $680.99 Tota 1 $680.99 CffY OF MOUND 02/10/164:02 PM Page 1 Current Period: Closing 2015 Batch Name 1215APKENGRV User'Dollar Amt $4,237,00 Payments Computer Dollar Amt $4,237.00 $0.00 In Balance Refer 12 KENNEDYAND GRAVEN AP Payment E 101-41600-316 Legal P & I AP Payment E 101-41600-300 Professional Srvs EXECUTIVE LEGAL SVCS DEC 2015 $87.00 Invoice 129892 1/29/2016 AP Payment E 101-41600-316 Legal P & I PLANNING LEGAL SVCS DEC 2015 $162.50 Invoice 129892 1/29/2016 AP Payment G 101-23344 PC 15-23 1732 CANARY KO 1732 CANARY LEGAL SVCS DEC 2015 $29.00 Invoice 129892 1/29/2016 Invoice 129892-2 1/29/2016 Transaction Date 2/10/2016 Due 12/31/2015 Accounts Payable 20200 Total $278.50 Refer 13 KENNEDY AND GRAVEN Invoice 129892-2 1/29/2016 AP Payment E 101-41600-300 Professional Srvs ADMINISTRATIVE LEGAL SVCS DEC 2015 $681.50 Invoice 129892-2 1/29/2016 20200 Accounts Payable AP Payment E 101-41600-316 Legal P & I PLANNING- GALWAY RD LEGAL SVCS DEC $1,501.50 $4,237.00 2015 Invoice 129892-2 1/29/2016 AP Payment E 101-41600-316 Legal P & I PLANNING -2855 CAMBRIDGE-- LEGAL SVCS $39.00 DEC 2015 Invoice 129892-2 1/29/2016 AP Payment G 101-23336 PC 15-16 5901 Bartlett BLVD 5901 BARTLETT BLVD LEGAL SVCS DEC $1,264.00 2015 Invoice 129892-2 1/29/2016 AP Payment G 101-23327 MCESL39 BRADFORD/WIL MCES LIFT STATION #39 INTERCEPT $414.00 IMPROV PROJ LEGAL SVCS DEC 2015 Invoice 129892-2 1/29/2016 AP Payment G 101-23343 PC -15-22 2855 CAMBRIDGE 2855 CAMBRIDGE LN LEGAL SVCS DEC $58.50 2015 Invoice 129892-2 1/29/2016 Transaction Date 2/10/2016 Due 12/31/2015 Accounts Payable 20200 Total $3,958.50 Fund Summary 20200 Accounts Payable 101 GENERAL FUND $4,237.00 $4,237.00 Pre -Written Check $0.00 Checks to be Generated by the Computer $4,237.00 Total $4,237.00 -347- CffY OF MOUND 02/09/1610:30 AM Page 1 PafQ1 end Current Period: February 2016 Batch Name 4015BIdgChg User Dollar Amt $2,424.67 Payments Computer Dollar Amt $2,424.67 $0.00 In Balance Refer 1231 DEPARTMENT OF LABOR & INDUS Ck# 054078E 2/9/2016 Cash Payment G 101-20800 Due to Other Governments 4th Quarter Bldg Surcharge 2015 $2,424.67 Invoice 12312015 1/31/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $2,424.67 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $2,424.67 $2,424.67 Pre -Written Check $2,424.67 Checks to be Generated by the Computer $0.00 Total $2,424.67 CITY OF HOMO M� Current Period: February 2016 Batch Name 020816DVS Payment Computer Dollar Amt $608.00 Posted Refer 2059 DRIVER AND VEHICLE SERVICES Ck# 050423 2/8/2016 Cash Payment E 101-45200-438 Licenses and Taxes REG #212 -2006 FORD E350 ECONO VAN - PARKS Invoice 02282016 2/1/2016 Cash Payment E 101-45200-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-45200-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-45200.438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-45200-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-45200-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-45200-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-45200-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-45200-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-45200-438 Licenses and Taxes REG #114 -2015 FELLING TRAILER - PARKS REG #110 -2010 FELLING TRAILER - PARKS REG #415 -2015 FORD F150 -PARKS REG #205 -2005 FORD F150 -PARKS REG #309 -2009 FORD F350 TRUCK - PARKS REG #1504 -2004 FORD 1 TON 4 X 4 DUMP TRUCK -PARKS REG #307 -2007 FELLING TRAILER - PARKS REG #1404 -2004 BB UTILITY TRAILER - PARKS REG #705 -2005 BB UTILITY TRAILER - PARKS 02/08/16 2:26 PM Page 1 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 Invoice 02282016 2/1/2016 Transaction Date 2/8/2016 Due 0 Wells Fargo 10100 Total $160.00 Refer 2058 DRIVER AND VEHICLE SERVICES Ck# 050423 2/8/2016 Cash Payment E 60149400-438 Licenses and Taxes REG #315 -2014 FORD F150 TRUCK- WATER $16.00 Invoice 02282016 2/1/2016 Cash Payment E 60149400-438 Licenses and Taxes REG #302 -2002 CHEVY 1 TON 4 X 4 TRUCK $16.00 W/ PLOW- WATER Invoice 02282016 2/1/2016 Cash Payment E 60149400438 Licenses and Taxes REG #113 -2013 FORD F350 4 X 4 TRUCK- $16.00 WATER Invoice 02262016 2/1/2016 Cash Payment E 601-49400.438 Licenses and Taxes REG #512 -2013 FORD F350 TRUCK- WATER $16.00 Invoice 02282016 2/1/2016 Transaction Date 2/8/2016 Due 0 Wells Fargo 10100 Total $64.00 Refer 2060 DRIVER AND VEHICLE SERVICES Ck# 050423 2/8/2016 Cash Payment E 60249450-438 Licenses and Taxes REG #209 -2009 FORD F550 TRUCK - PUB $16.00 WKS Invoice 02282016 2/1/2016 Project 16-3 Cash Payment E 602-49450-438 Licenses and Taxes REG #210 -2011 T 190 BOBCAT- PUB WKS $16.00 Invoice 02282016 211/2016 Project 16-3 Cash Payment E 60249450-438 Licenses and Taxes REG #207 -2007 DODGE DAKOTA TRUCK- $16.00 PUB WK�q Invoice 02282016 2/1/2016 -349- Project 16-3 CITY( OF HOUND 'Pa ment Current Period: February 2016 Cash Payment E 101-43100-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 601-49400-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-43100-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-43100-438 Licenses and Taxes Invoice 02282016 2/1/2016 02/08/16 2:26 PM Page 2 REG #112 -2012 FORD F550 TRUCK - PUB $8.00 WKS- STREETS & !NATER REG #112 -2012 FORD F550 TRUCK - PUB $8.00 WKS- STREETS & WATER REG #313 -2014 FREIGHTLINER TRUCK- $16.00 PUB WKS REG #515 -2015 FORD F550 PICKUP $16.00 TRUCK - PUB WKS Transaction Date 2/8/2016 Due 0 Wells Fargo 10100 Total $96.00 Refer 2056 DRIVER AND VEHICLE SERVICES Ck# 050423. 2/8/2016 Cash Payment E 101-43100438 Licenses and Taxes REG #314 -2015 FREIGHTLINER PLOW $16.00 TRUCK -STREETS Invoice 02282016 2/1/2016 Cash Payment E 10143100-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-43100-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-43100-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-43100-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-43100-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-43100-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-43100-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 101-43100-438 Licenses and Taxes REG #304 -2004 VACUUM SWEEPER- $16.00 STREETS REG #104 -2004 UTILITY TRAILER- STREETS $16.00 REG #175 -1975 FORD TANKER- STREETS $16.00 REG #504 -2004 FORD BUCKET TRUCK- $16.00 STREETS REG #312 -2012 FREIGHTLINER STREETS $16.00 REG #412 -2013 FREIGHTLINER STREETS $16.00 REG #605 -2006 STERLING ACTERA $16.00 STREETS REG #404 -2004 FORD ONE TON 4 X 4 DUMP $16.00 TRUCK -STREETS Invoice 02282016 2/1/2016 Transaction Date 2/8/2016 Due 0 Wells Fargo 10100 Total $144.00 Refer 2057 DRIVER AND VEHICLE SERVICES Ck# 050423 2/8/2016 Cash Payment E 602-49450-438 Licenses and Taxes REG #105 -2005 FORD E350 VAN -SEWER $16.00 Invoice 02282016 2/1/2016 Cash Payment E 602-49450-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 602-49450-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 602-49450438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 602-49450438 Licenses and Taxes invoice 02282016 2/1/2016 REG #109 -2009 FORD F450 -SEWER $16.00 REG #202 -2002 CHEVY 1 TON PICKUP- $16.00 SEWER REG #485 -1985 CHEVY TRUCK -SEWER $16.00 REG #609 -2009 UTILITY TRAILER TRENCH $16.00 BOX -SEWER -350- C{ CSF MOU D Flaymen�z 02/08/16 2:26 PM Page 3 Current Period: February 2016 Cash Payment E 602-49450-438 Licenses and Taxes REG #509 -2009 GENERATOR TRAILER- $16.00 SEWER Invoice 02282016 2/1/2016 Cash Payment E 602-49450-438 Licenses and Taxes Invoice 02282016 2/1/2016 Cash Payment E 602-49450-438 Licenses and Taxes Invoice 02282016 2/1/2016 REG #409 -2009 GENERATOR TRAILER- $16.00 SEWER REG #1604 -2004 STERLING DUMP TRUCK- $16.00 SEWER Cash Payment E 602-49450-438 Licenses and Taxes REG #214 -2014 VACUUM TRUCK -SEWER $16.00 Invoice 02282016 2/1/2016 Transaction Date 2/8/2016 Due 0 Wells Fargo 10100 Total $144.00 Fund Summary 602 SEWER FUND 601 WATER FUND 101 GENERAL FUND 10100 Wells Fargo $192.00 $72.00 $344.00 Pre -Written Check $608.00 Checks to be Generated by the Computer $0.00 Total $608.00 $608.00 -351- CITY OF MOUND 02/10/16 12:06 PM Page 1 Payments Current Period: February 2016 Batch Name 0216UBREFUND User Dollar Amt $684.35 Payments Computer Dollar Amt $684.35 $0.00 In Balance Refer 3 ALAN, OLGA _ Cash Payment R 601-49400-36200 Miscellaneous Revenu 2739 CLARE LN- UTILITY REFUND- OLGA $115.55 ALAN Invoice 020116 2/1/2016 Transaction Date 2/10/2016 Wells Fargo 10100 Total $115.55 Refer 2 DAHM, DOUGLAS _ Cash Payment R 601-49400-36200 Miscellaneous Revenu 5027 EDGEWATER DR- UTILITY REFUND- $8.08 DOUG DAHM Invoice 02012016 2/1/2016 Transaction Date 2/11/2015 Wells Fargo 10100 Total $8.08 Refer 4' HANSON, BOB _ Cash Payment R 601-49400-36200 Miscellaneous Revenu 4755 KILDARE- UTILITY REFUND- BOB $13.89 HANSON Invoice 020116 2/1/2016 Transaction Date 2/10/2016 Wells Fargo 10100 Total $13.89 Refer 1 REGENCY TITLE INC, ESCROW A Cash Payment R 601-49400-36200 Miscellaneous Revenu 5932 IDLEWOOD RD- UTILITY REFUND- $546.83 REGENCY TITLE Invoice 020116 2/1/2016 Transaction Date 2/11/2015 Wells Fargo 10100 Total $546.83 Fund Summary 10100 Wells Fargo 601 WATER FUND $684.35 Pre -Written Check $0.00 Checks to be Generated by the Computer $684.35 Total $684.35 $684.35 -352- CITY OF MOUND 02/11/1611:54 AM Page 1 U' ayme ft Current Period: February 2016 Batch Name 021116CTYMAN User Dollar Amt $111,471.50 Payments Computer Dollar Amt $111,471.50 $0.00 In Balance Refer 2 METROPOLITAN COUNCIL WASTE Cash Payment E 602-49450-388 Waste Disposal-MCIS WASTEWATER SVCS FEB 2016 $55,735.75 Invoice 0001051069 2/1/2016 Cash Payment E 60249450-388 Waste Disposal-MCIS WASTEWATER SVCS MARCH 2016 $55,735.75 Invoice 0001051840 2/2/2016 Transaction Date 2/1/2016 Wells Fargo 10100 Total $111,471.50 Fund Summary 10100 Wells Fargo 602 SEWER FUND $111,471.50 $111,471.50 Pre -Written Check $0.00 Checks to be Generated by the Computer $111,471.50 Total $111,471.50 -353- CTYOOF CSU � F''� rtic�lit. Current Period: February 2016 02/17/16 8:34 AM Page 1 Batch Name 022316CITY User Dollar Amt $140,248.07 Payments Computer Dollar Amt $140,248.07 $0.00 In Balance Refer 1 ABDO E/CKAND MEYERS, LLP Cash Payment E 101-41500-301 Auditing and Acct g Servi CERTIFIED AUDIT SVCS- YEAR ENDED 12- $1,090.92 31-2015 Invoice 357562-2 1/27/2016 Cash Payment E 222-42260-301 Auditing and Acct g Servi CERTIFIED AUDIT SVCS- YEAR ENDED 12- $640.00 31-2015 Invoice 357562-2 1/27/2016 Cash Payment E 281-45210-301 Auditing and Acct g Servi CERTIFIED AUDIT SVCS- YEAR ENDED 12- $174.55 31-2015 Invoice 357562-2 1/27/2016 Cash Payment E 401-43101-301 Auditing and Acct g Servi CERTIFIED AUDIT SVCS- YEAR ENDED 12- $0.00 31-2015 Invoice 357562-2 1/27/2016 Cash Payment E 601-49400-301 Auditing and Acct g Servi CERTIFIED AUDIT SVCS- YEAR ENDED 12- $458.18 31-2015 Invoice 357562-2 1/27/2016 Cash Payment E 602-49450-301 Auditing and Acct g Servi CERTIFIED AUDIT SVCS- YEAR ENDED 12- $458.18 31-2015 Invoice 357562-2 1/27/2016 Cash Payment E 609-49750-301 Auditing and Acct g Servi CERTIFIED AUDIT SVCS- YEAR ENDED 12- $945.45 31-2015 Invoice 357562-2 1/27/2016 Cash Payment E 670-49500-301 Auditing and Acct g Servi CERTIFIED AUDIT SVCS- YEAR ENDED 12- $116.36 31-2015 Invoice 357562-2 1/27/2016 Cash Payment E 675-49425-301 Auditing and Acct g Servi CERTIFIED AUDIT SVCS- YEAR ENDED 12- $116.36 31-2015 Invoice 357562-2 1/27/2016 Transaction Date 2/10/2016 Wells Fargo 10100 Total $4,000.00 Refer 3 ABM EQUIPMENT AND SUPPLY, IN Cash Payment E 602-49450-220 Repair/Maint Supply DRAWER ROLLER- TRUCK #109 SEWER $103.20 DEPT Invoice 0146405 2/5/2016 Transaction Date 2/10/2016 Wells Fargo 10100 Total $103.20 Refer 4 AMERICAN MESSAGING Cash Payment E 602-49450-321 Telephone, Cells, & Radi PAGING MESSAGING SERVICE FROM $151.96 02/01/15 TO 01/31/2017 Invoice D2062026QB 2/1/2016 Project 16-3 Cash Payment E 101-45200-321 Telephone, Cells, & Radi PAGING MESSAGING SERVICE FROM $50.65 02/01/15 TO 01/31/2017 Invoice D2062026QB 2/1/2016 Transaction Date 2/10/2016 Wells Fargo 10100 Total $202.61 Refer 5 ASPEN EQUIPMENT Cash Payment E 602-49450-220 Repair/Maint Supply BUSHING, ADAPTERS- PUB WKS SUPPLIES $213.00 Invoice 10158519 1/11/2016 Project 16-3 Cash Payment E 101-43100-220 Repair/Maint Supply MOTOR SEAL KIT- STREETS DEPT $73.75 Invoice 10158642 1/14/2016 -354- CITY OF G OUHDD Payments Current Period: February 2016 02/17/16 8:34 AM Page 2 Cash Payment E 101-43100-220 Repair/Maint Supply 1" MOTOR SHAFT- STREETS DEPT $33.70 Invoice 10159241 1/28/2016 Transaction Date 2/10/2016 Wells Fargo 10100 Total $320.45 Refer 6 BORDER STATES ELECTRIC SUPP Cash Payment E 101-45200-210 Operating Supplies LIGHT BULBS- CITY HALL, PARKS, PUB $33.94 WKS, FIRE & CENT BLDGS Invoice 910736247 2/4/2016 Cash Payment E 101-41930-210 Operating Supplies Invoice 910736247 2/4/2016 Cash Payment E 101-41910-210 Operating Supplies Invoice 910736247 2/4/2016 Cash Payment E 222-42260-210 Operating Supplies Invoice 910736247 2/4/2016 Cash Payment E602-49450-210 Operating Supplies LIGHT BULBS- CITY HALL, PARKS, PUB $33.93 WKS, FIRE & CENT BLDGS LIGHT BULBS- CITY HALL, PARKS, PUB $33.94 WKS, FIRE & CENT BLDGS LIGHT BULBS- CITY HALL, PARKS, PUB $33.93 WKS, FIRE & CENT BLDGS LIGHT BULBS- CITY HALL, PARKS, PUB $33.94 WKS, FIRE & CENT BLDGS Invoice 910736247 2/4/2016 Project 16-3 Transaction Date 2/10/2016 Wells Fargo 10100 Total $169.68 Refer 2 CASH, PETTY CASHw Cash Payment E 101-45200-212 Motor Fuels REIMB FUEL- HOLIDAY STATION STORE- $10.00 PARKS VEHICLE- 01-06-16 D. GRADY Invoice 01062016 1/6/2016 Transaction Date 2/10/2016 Due 12/31/2015 Wells Fargo 10100 Total $10.00 Refer 7 CENTERPOINT ENERGY (MINNEG �� m Cash Payment E 602-49450-383 Gas Utilities 2649 EMERALD DR. LS E3 GENERATOR $18.60 NATL GAS SVC 12-21-15 THRU 1-21-16 Invoice 022316 1/22/2016 Cash Payment E 602-49450-383 Gas Utilities 4791 NORTHERN RD LS D1 GENERATOR $20.83 NATL GAS SVC 12-21-15 THRU 1-21-16 Invoice 022316 1/22/2016 Cash Payment E 602-49450-383 Gas Utilities 3303 WATERBURY RD LS GAS SVC 12-21-15 $18.60 THRU 1-21-16 Invoice 022316 1/22/2016 Cash Payment E 60249450-383 Gas Utilities 2990 HIGHLAND BLVD LS B1 GENERATOR $18.60 NATL GAS SVC 12-21-15 THRU 1-21-16 Invoice 022316 1/22/2016 Cash Payment E 602-49450-383 Gas Utilities 4948 BARTLETT LS E2 GENERATOR NATL $18.60 GAS SVC 12-21-15 THRU 1-21-16 Invoice 022316 1/22/2016 Cash Payment E 602-49450-383 Gas Utilities 4728 CARLOW RD LS GENERATOR NATL $18.60 GAS SVC 12-21-15 THRU 1-21-16 Invoice 022316 1/22/2016 Cash Payment E 602-49450-383 Gas Utilities 5808 GRANDVIEW BLVD LS GENERATOR $18.60 NATL GAS SVC 12-21-15 THRU 1-21-16 Invoice 022316 1/22/2016 Cash Payment E 602-49450-383 Gas Utilities 4922 THREE PTS BLVD LS GENERATOR $20.83 NATL GAS SVC 12-21-15 THRU 1-21-16 Invoice 022316 1/22/2016 -355- Cffy OF MOUND 02/17/168:34 AM Page 3 Payments Current Period: February 2016 Cash Payment E 602-49450-383 Gas Utilities Invoice 022316 1/22/2016 Transaction Date 2/10/2016 1758 SUMACH LN. LS GENERATOR NATL GAS SVC 12-21-15 THRU 1-21-16 Wells Fargo 10100 Total $9.65 $162.91 Refer 8 CENTRAL MCGOWAN, INCORPOR _ Cash Payment E 602-49450-210 Operating Supplies HIGH PRESSURE CYLINDER RENTAL 2016 $17.36 Invoice 00059691 1/31/2016 Project 16-3 Transaction Date 2/10/2016 Wells Fargo 10100 Total $17.36 Refer 9 DERUS GOVERNMENTAL CONSUL _ Cash Payment E 101-41310-300 Professional Srvs JANUARY 2016 NEW CITY MGR $225.00 TRANSITION MEETING 1-5-16 W/ E. HOVERSTEN Invoice 022316 2/1/2016 Transaction Date 2/10/2016 Wells Fargo 10100 Total $225.00 Refer 10 DIAMOND VOGEL PAINTS Cash Payment E 101-43100-500 Capital Outlay FA CROSSWALK. STENCIL, 6' ARROWS, $6,336.00 HANDICAP STENCIL, LINE LAZER IV (2 GUN) Invoice 802164952 1/7/2016 PO 24610 Transaction Date 2/10/2016 Wells Fargo 10100 Total $6,336.00 Refer 12 EGAN COMPANIES _ Cash Payment E 101-43100-400 Repairs & Maintenance STREET LIGHTING MTCE SVC -CHANGE $2,515.86 LUMINAIRES ON SHORELINE DR & COMMERCE TO LED'S Invoice JC10132553 2/9/2016 Transaction Date 2/11/2016 Wells Fargo 10100 Total $2,515.86 Refer u 11 FRONTIER/CITIZENS COMMUNICA Cash Payment E 10145200-321 Telephone, Cells, & Radi PHONE SVC 1/30/16 TO 2/29/16 $122.90 Invoice 022316 1/30/2016 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PHONE SVC 1/30/16 TO 2/29/16 $77.70 Invoice 022316 1/30/2016 Cash Payment E 609-49750-321 Telephone, Cells, & Radi PHONE SVC 1/30/16 TO 2/29/16 $605.50 Invoice 022316 1/30/2016 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PHONE SVC 1/30116 TO 2/29/16 $423.49 Invoice 022316 1/30/2016 Cash Payment E 601-49400-321 Telephone, Cells, & Radi PHONE SVC 1/30/16 TO 2/29/16 $411.03 Invoice 022316 1/30/2016 Cash Payment E 101-43100-321 Telephone, Cells, & Radi PHONE SVC 1/30/16 TO 2/29/16 $411.03 Invoice 022316 1/30/2016 Cash Payment E 10141930-321 Telephone, Cells, & Radi PHONE SVC 1/30/16 TO 2/29/16 $914.62 Invoice 022316 1/30/2016 Cash Payment E 222-42260-321 Telephone, Cells, & Radi PHONE SVC 1/30/16 TO 2/29/16 $304.87 Invoice 022316 1/30/2016 Cash Payment E 101-41910-321 Telephone, Cells, & Radi PHONE SVC 1/30/16 TO 2/29/16 $152,44 Invoice 022316 1/30/2016 Cash Payment E 101-42110-321 Telephone, Cells, & Radi PHONE SVC 1/30/16 TO 2/29/16 $152.44 Invoice 022316 1/30/2016 Transaction Date 2/11/2016 Wells Fargo 10100 Total $3,576.02 Refer 13 FRONTLINE WARNING SYSTEMS -356- Cffy OF MOUND 02/17/168:34 AM Page 4 Payment Current Period: February 2016 Cash Payment E 101-42115-500 Capital Outlay FA NEW OUTDOOR WARNING SIREN & $16,753.00 15 HD SUPPLY WATERWORKS, LTD AUXILLIARY BOARD- HIGHLANDS- Cash Payment E 601-49400-220 Repair/Maint Supply WATER METER REPAIR CLAMPS FAIRFIELD RD- INSTALLATION & REMOVAL Invoice F021488 1/18/2016 OF OLD Cash Payment Invoice 12250 1/29/2016 PO 24693 $105.53 Invoice E991472 1/8/2016 Transaction Date 2/11/2016 Wells Fargo 10100 Total $16,753.00 Refer 14 GOPHER STATE ONE CALL HECKSEL MACHINE SHOP, INC. Cash Payment E 601-49400-395 Gopher One -Call JAN 2016 LOCATES $26.10 Invoice 6010582 1/31/2016 BUILD OUT ON WATER SEWER TRUCK Cash Payment E 602-49450-395 Gopher One -Call JAN 2016 LOCATES $26.10 Invoice 6010582 1/31/2016 $393.54 Cash Payment E 601-49400-395 Gopher One -Call 2016 ANNUAL FACILITY OPERATOR FEE $50.00 Invoice 6000581 1/31/2016 Transaction Date 2/12/2016 Cash Payment E 602-49450-395 Gopher One -Call 2016 ANNUAL FACILITY OPERATOR FEE $50.00 Invoice 6000581 1/31/2016 Transaction Date 1/6/2016 Wells Fargo 10100 Total $152.20 Refer 15 HD SUPPLY WATERWORKS, LTD Cash Payment E 601-49400-220 Repair/Maint Supply WATER METER REPAIR CLAMPS $287.05 Invoice F021488 1/18/2016 Cash Payment E 601-49400-220 Repair/Maint Supply BATTERY FOR 5000 HD- WATER DEPT $105.53 Invoice E991472 1/8/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $392.58 Refer �16 HECKSEL MACHINE SHOP, INC. Cash Payment E 601-49400-440 Other Contractual Servic ALUMINUM PIPE TUBE & CUTING FOR $393.55 BUILD OUT ON WATER SEWER TRUCK Invoice 100311 2/2/2016 Cash Payment E 602-49450-440 Other Contractual Servic ALUMINUM PIPE TUBE & CUTING FOR $393.54 BUILD OUT ON WATER SEWER TRUCK Invoice 100311 2/2/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $787.09 Refer 17 HENNEPIN COUNTY INFORMATIO Cash Payment E 602-49450-321 Telephone, Cells, & Radi PW RADIO LEASE & ADMINISTRATION FEE - $148.64 JAN 2016 Invoice 1000070010 2/5/2016 Project 16-3 Cash Payment E 222-42260-321 Telephone, Cells, & Radi FIRE DEPT RADIO LEASE & $0.00 ADMINISTRATION FEE - JAN 2016 Invoice 1000070010 2/5/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $148.64 Refer 18 HENNEPIN COUNTY RECORDER�� Cash Payment G 101-23349 1861 COMMERCE -TRIDENT MAILING LABELS PUBLIC HEARING NOTICE- $36.25 1861 COMMERCE -TRIDENT PC #16-02 Invoice 022316 2/12/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $36.25 Refer 19 HOVERSTEN, ERIC Cash Payment E 101-41310-331 Use of personal auto REIMB MILEAGE- CITY BUSINESS- K. $149.04 HANSON JAN 2015 Invoice 022316 2/1/2016 Transaction Date 2/16/2015 Wells Fargo 10100 Total $149.04 Refer 20 JESSEN PRESS INCORPORATED - -357- UTY OF iMv OUND 02/17/16 8:34 AM Page 5 Payments Current Period: February 2016 Cash Payment E 101-41110-350 Printing Invoice 671517 1/31/2016 Transaction Date 2/12/2016 PRINT, MAIL -CITY CONTACT NEWSLETTER - 8 PG FEB, MARCH, APRIL 2016 - 6,200 COPIES Wells Fargo 10100 Total $1,410.00 $1,410.00 Refer 21 JUBILEE FOODS _ Cash Payment E 222-42260-210 Operating Supplies PLASTIC FORKS, PLATES, NAPKINS, POP- $17.25 FIRE DEPT DINNER Invoice 022316 1/27/2016 Cash Payment E 222-42260-210 Operating Supplies DONUTS, COOKIES, MILK, POWERADE- $23.00 FIRE DEPT Invoice 022316 1/30/2016 Cash Payment E 609-49750-210 Operating Supplies DUM DUM POPS- HWS $5.02 Invoice 022316 1/23/2016 Cash Payment E 609-49750-210 Operating Supplies LYSOL RENUZIT ODOR KILLER- HWS $8.86 Invoice 022316 1/18/2016 _ Transaction Date 2/12/2016 Wells Fargo 10100 Total $54.13 22 LAKE MINNETONKA CONSERVATI��� _Refer Cash Payment E 281-45210-430 Miscellaneous 2016 LOST LAKE TRANSIENT DOCK SLIPS $432.50 Invoice 022316 2/9/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $432.50 Refer 23 LANO EQUIPMENT, INCORPORAT Cash Payment E 101-43100-500 Capital Outlay FA 2016 TOOLCAT BOBCAT SNOWBLOWER Wl $23,720.35 SWEEPER, BUCKET Invoice 03-350699 1/26/2016 PO 24609 Cash Payment E 601-49400-500 Capital Outlay FA 2016 TOOLCAT BOBCAT SNOWBLOWER W/ $11,860.17 SWEEPER, BUCKET Invoice 03-350699 1/26/2016 PO 24609 Cash Payment E 602-49450-500 Capital Outlay FA 2016 TOOLCAT BOBCAT SNOWBLOWER W/ $11,860.17 SWEEPER, BUCKET Invoice 03-350699 1/26/2016 PO 24609 Transaction Date 2/12/2016 Wells Fargo 10100 Total $47,440.69 Refer 24 LEAGUE MN CITIES INSURANCE T Cash Payment E 101-43100-361 General Liability Ins SIDEWALK BROOM EJECTED STONE INTO $219.76 CLAMANT'S WINDSHIELD- REPAIR CLAIM PAID Invoice LMCGL00000138 2/5/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $219.76 Refer 25 LOFFLER COMPANIES, INCORPO Cash Payment E 101-41930-202 Duplicating and copying COPY ROOM KONICA C652 - COLOR $126.61 OVERAGE - 1-14-16 THRU 2-13-16 Invoice 2166120 2/2/2016 Cash Payment E 101-41930-202 Duplicating and copying COPY ROOM KONICA C652 - B & W $168.52 OVERAGE - 1-14-16 THRU 2-13-16 Invoice 2166120 2/2/2016 Cash Payment E 602-49450-202 Duplicating and copying KONICA MINOLTA 8200 PW COPIER $2.76 OVERAGE CHG 1-10-16 TO 2-9-16 Invoice 2163971 2/1/2016 Project 16-3 Transaction Date 2/16/2015 Wells Fargo 10100 Total $297.89 Refer 26 MIDWEST SERVICES _ _358_ UTY OF MOUND 02/17/16 8:34 AM Page 6 Payments Current Period: February 2016 '�"'t li', r`t+L ';;, 1'v_.Yai+' '�.: yr -1+m.. ..,y A� _ .S .. -•.-<r-r ;vr -¢-- s.:.';. 14 Cash Payment E 602-49450-440 Other Contractual Servic LABOR- HIMOINSA GENERATOR REPAIR, $2,560.00 TRUCK #412 & #112 Invoice 022316 2/5/2016 Project 16-5 Transaction Date 2/12/2016 Wells Fargo 10100 Total $2,560.00 Refer 30 MINNESOTA EQUIPMENT-(SCHAR Cash Payment E 101-45200-210 Operating Supplies OIL FILTER BINS- PARKS $14.20 Invoice P40152 1/26/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $14.20 Refer 28 MINNESOTA LABOR INDUSTRY (2) _ Cash Payment E 101-41910-430 Miscellaneous CENTENNIAL BLDG 2016 ANNUAL $100.00 ELEVATOR OPERATING PERMIT Invoice ALR00582251 1/31/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $100.00 Refer 27 MN DEPT OF HEALTH -WATER PR Cash Payment E 101-43100-434 Conference & Training B. KRESS WATERWORKS OPERATOR $23.00 CERTIFICATION FEE Invoice 022316 2/1/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $23.00 Refer 29 MN DEPT AOF LABOR &INDUSTRY Cash Payment E 222-42260-438 Licenses and Taxes 2016 FIRE DEPT PRESSURE VESSEL $10.00 LICENSE 668358 Invoice ABRO1345041 1/31/2016 Cash Payment E 601-49400-438 Licenses and Taxes PUB WRKS 2016 PRESSURE VESSEL $10.00 LICENSE 156021 Invoice ABRO1351541 1/31/2016 Cash Payment E 602-49450-438 Licenses and Taxes PUB WRKS 2016 PRESSURE VESSEL $10.00 LICENSE 395202 Invoice ABRO1351541 1/31/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $30.00 Refer 35 NORTH HENNEPIN COMMUNITY Cx Cash Payment E 602-49450-434 Conference & Training SPRING 2016 TUITION- D. ERVIN-PUB WRKS $730.52 ORGANIZATION & ADMINISTRATION -N. HENN COMM COLL Invoice 20165-13107916 1/27/2016 Project 16-5 Cash Payment E 602-49450-434 Conference & Training SPRING 2016 TUITION- B. SWARTZER-PUB $730.52 WRKS ORGANIZATION & ADMINISTRATION. N. HENN COMM COLL Invoice 20165-12488738 1/27/2016 Project 16-5 Transaction Date 2/12/2016 Wells Fargo 10100 Total $1,461.04 Refer 33 OFFICE DEPOT (FIRE) _ Cash Payment E 222-42260-200 Office Supplies WIRE INCLINE FILE, #10 ENVELOPES, $82.73 COPIER PAPER- CASE, REPORT COVERS, POCKET FOLDERS, FIRE DEPT Invoice 819806871001 1/25/2016 PO 24475 Transaction Date 2/12/2016 Wells Fargo 10100 Total $82.73 Refer _ N 31 OFFICE DEPOT _ Cash Payment E 101-41930-200 Office Supplies COPY PAPER -CITY HALL, 10 X 13 $140.20 ENVELOPES Invoice 817134885001 1/12/2016 PO 24694 - -359- C UTY OF HOUND Current Period: February 2016 02/17/16 8:34 AM Page 7 Cash Payment E 101-41500-210 Operating Supplies WIRELESS MOUSE- C. ROBERTS $25.19 Invoice 817134885001 1/12/2016 PO 24694 Cash Payment E 101-41500-210 Operating Supplies FILE DRAWERS- BANKERS BOXES- FINANCE $97.40 Invoice 817135842001 1/12/2016 PO 24694 Cash Payment E 101-41500-210 Operating Supplies FILE DRAWERS- BANKERS BOXES- FINANCE $55.42 Invoice 817135843001 1/12/2016 PO 24694 Cash Payment E 101-41310-210 Operating Supplies WALL SIGN- CITY MANAGER $10.99 Invoice 817134881001 1/15/2016 PO 24694 Cash Payment E 609-49750-200 Office Supplies COPY PAPER, PAPER, ADDING MACHINE $213.34 ROLLS, LAMINATING POUCHES, TAPE, HWS Invoice 819115795001 1/21/2016 PO 23480 Transaction Date 2/16/2015 Wells Fargo 10100 Total $542.54 Refer 32 OFFICE DEPOT _ Cash Payment E 101-41930-200 Office Supplies BINDER CLIPS, PAPER CLIPS, SHARPIES, $50.86 STICKY NOTES, WRITING PADS, TYVEK ENVELOPES- CITY HALL Invoice 81478928001 1/4/2016 PO 24692 Cash Payment E 101-41930-200 Office Supplies TAPE- CITY HALL $7.97 Invoice 821236117001 2/1/2016 PO 24695 Cash Payment E 602-49450-200 Office Supplies MANILLA FILE FOLDERS- PUB WRKS $32.06 Invoice 821236117001 2/1/2016 PO 24695 Project 16-3 Cash Payment E 101-41930-200 Office Supplies SELF INKING STAMP $26.99 Invoice 819419856001 1/23/2016 PO 24696 Cash Payment E 101-41930-200 Office Supplies 1 CASE COPY PAPER- CITY HALL $44.20 Invoice 819427285001 1/22/2016 PO 24696 Cash Payment E 101-41930-200 Office Supplies SHIPPING TAPE- CITY HALL $16.49 Invoice 821236117002 2/5/2016 PO 24695 Transaction Date 2/16/2015 Wells Fargo 10100 Total $178.57 Refer 50 OFFICE DEPOT _ Cash Payment E 101-41930-200 Office Supplies OFFICE SUPPLIES- CITY HALL, CANNED $44.88 DUSTER, PENS, POST IT FLAGS, SWIFFER, CLOROX WIPES, WHITE BOARD CLEANER, DISH LIQUID & WAND REFILL Invoice 822759688001 2/8/2016 PO 24697 Cash Payment E 602-49450-200 Office Supplies ERASABLE WALL CALENDARS, FILE $55.32 FOLDERS- PUBLIC WORKS Invoice 822759688001 2/8/2016 PO 24697 Project 16-5 Transaction Date 2/17/2016 Wells Fargo 10100 Total $100.20 Refer 36 OPUS 21 MGMT SOLUTIONS Cash Payment E 601-49400-307 Admin/Finance/Compute JAN 2016 -CIS DATA HOSTING, $1,773.96 PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 160146 2/4/2016 Cash Payment E 602-49450-307 Admin/Finance/Compute JAN 2016 -CIS DATA HOSTING, $1,773.97 PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 160146 2/4/2016 Cash Payment E 601-49400-322 Postage JAN 2016- UTILITY BILLING POSTAGE $322.47 Invoice 160146 2/4/2016 Cash Payment E 602-49450-322 Postage JAN 2016- UTILITY BILLING POSTAGE $322.46 Invoice 160146 2/4/2016 Cash Payment R 601-49400-36200 Miscellaneous Revenu RECONCILIATION OF BANK DEPOSIT -2-10-16 $64.07 Invoice 160201 2/10/2016 -360- Cry OF MOUND 02/17/168:34 AM Page 8 paymsn�s Current Period: February 2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $4,256.93 Refer 37 PREMIUM WATERS, INC. Cash Payment E 602-49450-210 Operating Supplies Invoice 614851-01-16 1/31/2016 Cash Payment E 101-41930-210 Operating Supplies Invoice 614850-01-16 1/31/2016 FEB THRU APR 2016 HOT & COLD WATER $68.85 COOLER- PUB WRKS Project 16-3 FEB THRU APR 2016 HOT & COLD WATER $68.85 COOLER CITY HALL Cash Payment E 101-41910-210 Operating Supplies FEB THRU APR 2016 HOT & COLD WATER $68.85 COOLER CENT BLDG Invoice 604558-01-16 1/31/2016 Transaction Date 2/16/2015 Wells Fargo 10100 Total $206.55 Refer p - w..- 38 REPUBLIC SERVICES _ Cash Payment E 222-42260-384 Refuse/Garbage Dispos FEB 2016 GARBAGE SVC- FIRE DEPT $187.97 Invoice 0894-004001556 1/25/2016 Cash Payment E 101-41930-384 Refuse/Garbage Dispos FEB 2016 GARBAGE SVC- CITY HALL $187.98 Invoice 0894-004001556 1/25/2016 Cash Payment E 602-49450-384 Refuse/Garbage Dispos FEB 2016 GARBAGE SVC- PUB WRKS $286.65 Invoice 0894-004001558 1/25/2016 Project 16-3 Cash Payment E 101-41910-384 Refuse/Garbage Dispos FEB 2016 GARBAGE SVC- CENT BLDG $195.29 Invoice 0894-003999372 1/25/2016 Cash Payment E 101-45200-384 Refuse/Garbage Dispos FEB 2016 GARBAGE SVC- PARKS BLDG $472.01 Invoice 0894-003999599 1/25/2016 Cash Payment E 670-49500-440 Other Contractual Servic JAN 2016 CITY-WIDE RECYCLING SVC $12,991.77 Invoice 0894-003999318 1/25/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $14,321.67 Refer 39 SCHINDLER ELEVATOR CORPOR Cash Payment E 222-42260-401 Building Repairs Invoice 7152288377 1/31/2016 SVC CALL ELEVATOR #1 PUBLIC SAFETY $384.94 BLDG 1-22-16 Cash Payment E 101-41930-400 Repairs & Maintenance SVC CALL ELEVATOR #1 PUBLIC SAFETY $384.95 BLDG 1-22-16 Invoice 7152288377 1/31/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $769.89 Refer 40 SHRED RIGHT _ Cash Payment E 101-41500-440 Other Contractual Servic DESTRUCTION OF SECURED PRIVATE $41.34 DATA- CITY OF MOUND- PAST RETENTION FILES- 1-20-16 Invoice 229087 1/20/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $41.34 Rafar 49 SOUTHWEST TRAILS ASSOCIA TIO Cash Payment G 101-22801 Deposits/Escrow SW TRAILS ASSOC 2016 SNOWMOBILE $13,852.35 MTCE-DNR PMT #1 1-05-16 Invoice 022316 2/11/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $13,852.35 Refer 41 SUN PATRIOT NEWSPAPER -CITY Cash Payment E 101-42400-351 Legal Notices Publishing LEGAL PUBLIC HEARING NTCE - $38.55 EXPANSION PERMITS- 1-16-16 Invoice 294203 1/16/2016 -361- UTY OF ilii OUMD 02/17/16 8:34 AM Page 9 PaymWz Current Period: February 2016 Cash Payment E 101-41110-351 Legal Notices Publishing LEGAL NOTICE- ORDINANCE 01-2016- $19.28 AMENDS CHAPTER 129- ESTABLISHING CRITERIA & REVIEW FOR EXPANSION PERMITS 02-06-16 Invoice 304127 2/6/2016 Cash Payment E 101-41500-351 Legal Notices Publishing LEGAL NOTICE- 2016 SUMMARY BUDGET 1- $185.04 23-16 Invoice 297300 1/23/2016 Cash Payment E 101-45200-351 Legal Notices Publishing PARKS & OPEN SPACE COMMISSION $120.00 VACANCY AD POSTING 1-30-16 Invoice 301602 1/30/2016 Cash Payment E 401-43136-351 Legal Notices Publishing PUBLIC HEARING NOTICE- 2016 STREET $53.12 IMPROV PROJ 16-02 TUXEDO EAST- PHASE II -01-23-16 Invoice 297299 1/23/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $415.99 Refer 42 TONKA PLUMBING HEATING & CL Cash Payment E 601-49400-404 Machinery/Equip Repairs CHATEAU & EVERGREEN PUMPHOUSES- $604.00 REPIPED WATER LINE FOR PROPER AIR REMOVAL- INSTALL CUSTOMER SUPPLIED TANKLESS WATER HEATER Invoice 8290 1/15/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $604.00 Refer 43 UHL COMPANY Cash Payment E 222-42260-402 Building Maintenance REPAIR UNIT HEATER FOR SOUTH WEST $2,197.23 FIRE WASH BAY Invoice 36684 7/9/2015 Cash Payment E 222-42260-402 Building Maintenance Invoice 41018 2/4/2016 Cash Payment E 222-42260-402 Building Maintenance REPLACE 2 BAD GAS VALVES ON TUBE HEATERS- FIRE DEPT RE -DO VENTING ON 2 UNIT HEATERS- FIRE STATION Invoice 41017 2/4/2016 Cash Payment E 101-41930-400 Repairs & Maintenance INSTALL ELECTRIC HEATER IN EXISTING VAV BOX - CITY HALL OFFICE $1,012.20 $806.84 $2,700.00 Invoice 40678 1/20/2016 Cash Payment E 222-42260-402 Building Maintenance REPAIR- FIRE STATION INFRARED $2,200.00 HEATERS AND 2 UNIT HEATERS Invoice 40936 1/29/2016 Transaction Date 7/21/2015 Wells Fargo 10100 Total $8,916.27 Refer 45 ULINE _ Cash Payment E 222-42260-210 Operating Supplies MULTI -FOLD TOWELS & TOILET TISSUE $154.25 Invoice 74210541 2/2/2016 Cash Payment E 101-41930-210 Operating Supplies MULTI -FOLD TOWELS & TOILET TISSUE $154.25 Invoice 74210541 2/2/2016 Cash Payment E 101-41910-210 Operating Supplies MULTI -FOLD TOWELS & TOILET TISSUE $154.25 Invoice 74210541 2/2/2016 Cash Payment E 101-45200-210 Operating Supplies HYFLEX DYNEEMA GLOVES- PARKS DEPT $156.01 Invoice 74210541 2/2/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $618.76 Refer 44 UNITED FARMERS COOPERATIVE -362- CJTY OF MOUND 02/17/168:34 AM Page 10 paymenft Current Period: February 2016 Cash Payment E 609-49750-210 Operating Supplies GREEN TWINE- HWS $105.50 Invoice 21-31681 1/26/2016 281 COMMONS DOCKS FUND $607.05 Transaction Date 2/12/2016 Wells Fargo 10100 Total $105.50 Refer 46 USA BLUEBOOKW _ $1,883.67 Cash Payment E 601-49400-210 Operating Supplies PREMIUM PIPE FILLER- BLUE- WATER DEPT $79.38 Invoice 857799 1/27/2016 Transaction Date 2/12/2016 Wells Fargo 10100 Total $79.38 Refer 48 XCEL ENERGY _ Cash Payment E 101-43100-381 Electric Utilities Invoice 488683373 2/3/2016 ELECTRIC SVC 1-03-16 THRU 2-02-16 CITY $4,912.04 OWNED STREET LIGHTS Transaction Date 2/12/2016 Wells Fargo 10100 Total $4,912.04 Refer47 XCEL ENERGY Cash Payment E 602-49450-381 Electric Utilities Invoice 488143942 1/29/2016 Cash Payment E 101-43100-381 Electric Utilities Invoice 487888847 1/27/2016 ELECTRIC SVC 12-28-15 THRU 1/27/16 $86.89 CARLOW RD LIFT STATION SHORELINE -COMMERCE STREET LIGHTS $55.37 12-27-15 THRU 1/26/16 Transaction Date 2/12/2016 Wells Fargo 10100 Total $142.26 Fund Summary Pre -Written Check $0.00 Checks to be Generated by the Computer $140,248.07 Tota 1 $140,248.07 -363- 10100 Wells Fargo 101 GENERAL FUND $79,198.85 222 AREA FIRE SERVICES $8,055.21 281 COMMONS DOCKS FUND $607.05 401 GENERAL CAPITAL PROJECTS $53.12 601 WATER FUND $16,445.49 602 SEWER FUND $20,780.19 609 MUNICIPAL LIQUOR FUND $1,883.67 670 RECYCLING FUND $13,108.13 675 STORM WATER UTILITY FUND $116.36 $140,248.07 Pre -Written Check $0.00 Checks to be Generated by the Computer $140,248.07 Tota 1 $140,248.07 -363- CffY OF MOUND 02/18/16 9:11 AM Page 1 paymenft Current Period: February 2016 Batch Name 022316HWS User Dollar Amt $62,657.08 Payments Computer Dollar Amt $62,657.08 $0.00 In Balance Refer 1246 ARCTIC GLACIER PREMIUM ICE _ Cash Payment E 609-49750-255 Misc Merchandise For R ICE $227.99 Invoice 1991603907 2/8/2016 Cash Payment E 609-49750-265 Freight FREIGHT $1.00 Invoice 1991603907 2/8/2016 Cash Payment E 609-49750-255 Misc Merchandise For R ICE CREDIT -$15.09 Invoice 1991603908 2/8/2016 Transaction Date 2/9/2016 Due 12/31/2014 Wells Fargo 10100 Total $213.90 Refer 1265 ARTISAN BEER COMPANY Cash Payment E 609-49750-252 Beer For Resale BEER $255.00 Invoice 3081018 2/4/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $403.25 Invoice 3082197 2/11/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $7.98 Invoice 333231-2 2/4/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $6.36 Invoice 333232-2 2/4/2016 Transaction Date 2/9/2016 wX Wells Fargo 10100 Total $672.59 Refer 1283 BAUHAUS BREW LABS Cash Payment E 609-49750-252 Beer For Resale BEER $235.00 Invoice 5634 1/21/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $235.00 Refer 1235 BELLBOY CORPORATION Cash Payment E 60949750-210 Operating Supplies SUPPLIES- BAGS $129.97 Invoice 93470100 2/12/2016 Cash Payment E 609-49750-255 Misc Merchandise For R MDSE- SHOT GLASSES, WINE STOPPER $33.30 Invoice 93470100 2/12/2016 Cash Payment E 609-49750-210 Operating Supplies UPC SHELF STRIPS $46.50 Invoice 93439400 2/5/2016 _ Transaction Date 2/9/2016 Wells Fargo 10100 Total $209.77 Refer 1236 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $963.25 Invoice 52286900 2/12/2016 Cash Payment E 609-49750-265 Freight FREIGHT $24,80 Invoice 52286900 2/12/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $103.80 Invoice 52286900 2/12/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,957.70 Invoice 52186700 2/5/2016 Cash Payment E 60949750-265 Freight FREIGHT $29.45 Invoice 52186700 2/5/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $3,079.00 Refer 1237 BELLBOY CORPORATION -364- CffY OF MOUND 02/18/16 9:11 AM Page 2 payor s Current Period: February 2016 Cash Payment E 609-49750-251 Liquor For Resale Invoice 52105400 2/1/2016 Cash Payment E 609-49750-251 Liquor For Resale Invoice 52113800 2/1/2016 Cash Payment E 609-49750-265 Freight Invoice 52113800 2/1/2016 Transaction Date 2/9/2016 LIQUOR LIQUOR CREDIT FREIGHT CREDIT Wells Fargo 10100 $2,401.25 -$278.00 -$3.10 Total $2,120.15 Refer 1238 BERN/CKS BEVERAGES AND VEN Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $52.75 Invoice 278686 2/10/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $843.95 Invoice 278687 2/10/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $896.70 Refer 1249 BREAKTHRU BEVERAGE MN BEE _ Cash Payment E 609-49750-252 Beer For Resale BEER $2,098.17 Invoice 1090521513 2/3/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $51.50 Invoice 1090521515 2/3/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $438.00 Invoice 1090521514 2/3/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $2,086.45 Invoice 1090524267 2/10/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $4,674.12 Refer 1245 BREAKTHRU BEVERAGE MN WIN _ Cash Payment E 609-49750-253 Wine For Resale WINE $1,272.45 Invoice 1080434178 2/11/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,295.07 Invoice 1080434177 2/11/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $737.33 Invoice 1080431117 2/4/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,418.21 Invoice 1080431116 2/4/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $4,723.06 Refer 1260 CLEAR RIVER BEVERAGE CO. Cash Payment E 609-49750-252 Beer For Resale BEER $1,322.05 Invoice 244730 2/8/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $1,322.05 Refer�M 1261 COCA COLA BOTTLING -MIDWEST _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa COCA COLA PRODUCTS- MIX $265.72 Invoice 0168082008 2/9/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $265.72 Refer 1254 DAHLHEIMER BEVERAGE LLC _ Cash Payment E 609-49750-252 Beer For Resale BEER $901.04 Invoice 1188700 2/3/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $901.04 Refer 1284 ENK/ BREWING COMPANY _ -365- WY OF lMOUHD 02/18/16 9:11 AM Page 3 Payments Current Period: February 2016 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa BEER $165.87 Invoice 5143 2/9/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $165.87 Refer 1251 HOHENSTEINS, INCORPORATED Cash Payment E 609-49750-252 Beer For Resale BEER $1,811.25 Invoice 808720 2/4/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $1,811.25 Refer 1252 JJ TAYLOR. DISTRIBUTING MINN Cash Payment E 609-49750-252 Beer For Resale BEER $6,594.77 Invoice 2473877 2/3/2016 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $38.80 Invoice 2473877 2/3/2016 Cash Payment E 60949750-252 Beer For Resale BEER $4,848.15 Invoice 2473919 2/10/2016 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $81.15 Invoice 2473920 2/10/2016 Transaction Date 2/9/2016 w Wells Fargo 10100 Total $11,562.87 Refer 1256 JOHNSON BROTHERS LIQUOR w Cash Payment E 609-49750-252 Beer For Resale BEER $21.99 Invoice 5363649 2/3/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,408.50 Invoice 5363647 2/3/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $2,605.90 Invoice 5363648 2/3/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR $2,380.45 Invoice 5363650 2/3/2016 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT -$99.30 Invoice 562260 1/29/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $6,317.54 Refer 1277 JOHNSON BROTHERS LIQUOR Cash Payment E 60949750-251 Liquor For Resale LIQUOR $670.00 Invoice 5368835 2/10/2016 Cash Payment E 60949750-253 Wine For Resale WINE $3,607.75 Invoice 5368834 2/10/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR $2,057.10 Invoice 5368833 2/10/2016 Transaction Date 2/9/2016 Wells Fargo 10100 a Total $6,334.85 Refer 1253 MARLIN S TRUCKING DELIVERY Cash Payment E 60949750-265 Freight DELIVERY SVC 1-21-16 $230.55 Invoice 31541 1/21/2016 Cash Payment E 609-49750-265 Freight DELIVERY SVC 1-25-16 $39.15 Invoice 31548 1/25/2016 Cash Payment E 609-49750-265 Freight DELIVERY SVC 1-28-16 $359.60 Invoice 31564 1/28/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $629.30 Refer 1262 MINNEHAHA BUILDING MAINTENA -366- CITY OF MOUND 02/18/16 9:11 AM Page 4 Payments Current Period: February 2016 Cash Payment E 609-49750-440 Other Contractual Servic WASH WINDOWS INSIDE & OUT 1-11-16 $65.19 Invoice 928050058 1/31/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $65.19 Refer 1263 MOUND MARKETPLACE ASSOC _ Cash Payment E 609-49750-412 Building Rentals MARCH 2016 COMMON AREA MTCE & $679.23 INSURANCE HWS Invoice 022316 3/1/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $679.23 Refer 1240 PAUST/S AND SONS WINE COMPA Cash Payment E 60949750-253 Wine For Resale WINE $659.85 Invoice 8535010 2/8/2016 Cash Payment E 60949750-265 Freight FREIGHT $8.75 Invoice 8535010 2/8/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $99.00 Invoice 8535016 2/8/2016 Cash Payment E 609-49750-265 Freight FREIGHT $2.25 Invoice 8535016 2/8/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $769.85 Refer 1248 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-253 Wine For Resale WINE $625.95 Invoice 2923593 2/3/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $495.85 Invoice 2923592 2/3/2016 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT -$520.00 Invoice 230844 1/29/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR CREDIT -$81.50 Invoice 230843 1/29/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $520.30 Refer 1258 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $358.65 Invoice 2927067 2/10/2016 Cash Payment E 60949750-253 Wine For Resale WINE $751.50 Invoice 2927068 2/10/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $1,110.15 Refer, 1241 SOUTHERN WINE & SPIRITS OF M� Cash Payment E 609-49750-253 Wine For Resale WINE $1,639.00 Invoice 1374224 2/4/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $913.59 Invoice 1374225 2/4/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $1,434.00 Invoice 1376412 2/11/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,472.60 Invoice 1376413 2/11/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $5,459.19 Refer 1270 ST. CLOUD REFRIGERATION, INC _ Cash Payment E 609-49750-400 Repairs & Maintenance HVAC -COOLERS - MTCE- REPLACE CENTER $186.15 FAN MOTnR FnR EVAP 26- HWS Invoice 311554 2/10/2016 -367- C0TY OF MOUND 02/18/16 9:11 AM Page 5 Payments Current Period: February 2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $186.15 Refer 1259 THORPE DISTRIBUTING COMPAN E 609-49750-251 Liquor For Resale LIQUOR Cash Payment E 609-49750-252 Beer For Resale BEER $2,441.30 Invoice 1034189 2/9/2016 E 609-49750-265 Freight FREIGHT Cash Payment E 609-49750-252 Beer For Resale BEER $244.00 Invoice 1032974 2/5/2016 E 609-49750-253 Wine For Resale WINE Cash Payment E 609-49750-252 Beer For Resale BEER $2,385.55 Invoice 1037610 2/16/2016 E 609-49750-265 Freight FREIGHT Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT -$26.25 Invoice 997327C 11/23/2015 E 609-49750-251 Liquor For Resale LIQUOR Transaction Date 2/9/2016 Wells Fargo 10100 Total $5,044.60 Refer 1261 TOTAL REGISTER SYSTEMS, INC. _ E 609-49750-265 Freight Cash Payment E 609-49750-205 Computer Hardware/Soft CAYAN GENIUS ITX DEVICE STANDS- 2- $214.44 2/4/2016 HWS CASH REGISTERS Transaction Date Invoice 54037 1/25/2016 Total $1,109.00 Refer 1250 WINE COMPANY Transaction Date 2/18/2016 Wells Fargo 10100 Total $214.44 Refer 1243 V/NOCOP/A, INCORPORATED Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $135.25 Invoice 0144834 2/11/2016 Cash Payment E 609-49750-253 Wine For Resale WINE Cash Payment E 609-49750-265 Freight FREIGHT $2.00 Invoice 0144834 2/11/2016 $240.00 Invoice 7068160 2/10/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $545.00 Invoice 0144833 2/11/2016 _ Cash Payment E 609-49750-265 Freight FREIGHT $10.00 Invoice 0144833 2/11/2016 Cash Payment E 609-49750-265 Freight FREIGHT Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $411.75 Invoice 0144394 2/4/2016 Cash Payment E 609-49750-265 Freight FREIGHT $5.00 Invoice 0144394 2/4/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $1,109.00 Refer 1250 WINE COMPANY _ Cash Payment E 609-49750-253 Wine For Resale WINE $288.00 Invoice 416636 2/4/2016 Cash Payment E 609-49750-265 Freight FREIGHT $4.20 Invoice 416636 2/4/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $292.20 Refer 1244 WINE MERCHANTS _ Cash Payment E 609-49750-253 Wine For Resale WINE $749.50 Invoice 7067330 2/3/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $240.00 Invoice 7068160 2/10/2016 Transaction Date 2/9/2016 Wells Fargo 10100 Total $989.50 Refer 1262 Z WINES USA LLC _ Cash Payment E 609-49750-253 Wine For Resale WINE $80.00 Invoice 16565 2/11/2016 Cash Payment E 609-49750-265 Freight FREIGHT $2.50 Invoice 16565 2/11/2016 -368- U0 Iy OF �V®UMD 02/18/16 9:11 AM Page 6 payments Current Period: February 2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $82.50 Fund Summary 10100 Wells Fargo 609 MUNICIPAL LIQUOR FUND $62,657.08 $62,657.08 Pre -Written Check $0.00 Checks to be Generated by the Computer $62,657.08 Total $62,657.08 CffY OF MOUND 02/18/1611:56 AM Page 1 Current Period: February 2016 r.. ; Batch Name 022316CITY2 User Dollar Amt $18,526.19 Payments Computer Dollar Amt $18,526.19 $0.00 In Balance Refer 24 ARSON INVESTIGATORS MINNES Cash Payment E 222-42260-433 Dues and Subscriptions 2016 MEMBERSHIP RENEWAL TONY $25.00 MYERS- MNIAAI- MN CHAPTER Invoice 022316 2/18/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $25.00 Refer 7 BERRY COFFEE COMPANY Cash Payment E 101-41930-210 Operating Supplies COFFEE MACHINE EQUIP LEASE- FEB. $45.00 MARCH, APRIL 2016 CITY HALL Invoice RENT31053 2/1/2016 Transaction Date 2/4/2015 Wells Fargo 10100 Total $45.00 Refer 8 BORDER STATES ELECTRIC SUPP Cash Payment E 222-42260-401 Building Repairs 8 LED NW 120 T-10 BULBS- FIRE DEPT & $201.43 CITY HALL BLDG Invoice 910688623 1/26/2016 Cash Payment E 101-41930-400 Repairs & Maintenance 8 LED NW 120 T-10 BULBS- FIRE DEPT & $201.43 CITY HALL BLDG Invoice 910688623 1/26/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $402.86 Refer 16 CARBONS S PIZZA Cash Payment E 222-42260-431 Meeting Expense PIZZAS & SALADS- FIRE COMMISSION $95.70 LUNCH MTG 1-27-16 Invoice 022316 1/27/2016 Transaction Date 2/17/2016 Wells Fargo 10100 Total $95.70 Refer 27 CARQUEST OF NAVARRE (P440 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-263319 1/4/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-263537 1/7/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-263585 1/8/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-263586 1/8/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-263603 1/8/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-263618 1/8/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-263788 1/12/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-264047 1/15/2016 AIR BRAKE TUBING $0.50 Project 16-3 4 ADHESIVE ERASER WHL, BLOW GUNS- $45.42 OSHA, COUPLER PLUGS Project 16-3 HIMOINSA GENERATOR SET- FUEL SPIN $12.40 ON- PUB WRKS Project 16-3 TANK HEATER- PUB WRKS $71.39 Project 16-3 OIL FILTER HIMOINSA $3.00 Project 16-3 AUTOMOTIVE TANK HEATER- HIMOINSA $43.26 Project 16-3 HIMOINSA GENERATOR SET- UPS $9.61 CHARGES ON FILTER INVOICE ORDER- PUB WRKS Project 16-3 LAKEWOOD LIFT STATION GENERATOR $109.87 BATTERIES -370- CITY OF GROUND 02/18/1611:56 AM Page 2 PSYM S Current Period: February 2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-264340 1/20/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-264337 1/20/2016 Cash Payment E 601-49400-220 Repair/Maint Supply Invoice 6974-264795 1/29/2016 #209 FUEL TANK- RUBBERIZED $25.47 UNDERCOATING, ACRYLIC ENAMEL Project 16-3 209 FUEL TANK- FILLER PRIMER, ACRYLIC $23.52 ENAMEL Project 16-3 BATTERIES- WELL #3- CHATEAU $113.22 GENERATOR Cash Payment E 602-49450-220 Repair/Maint Supply HD AIR FILTERS- #107 PUB WRKS $32.66 Invoice 6974-264036 1/15/2016 Project 16-3 Transaction Date 2/18/2016 Wells Fargo 10100 Total $490.32 Refer 1 CENTERPOINT ENERGY (MINNEG Cash Payment E 101-41930-383 Gas Utilities GAS SVC 12-19-15 TO 11-21-16- CITY HALL $840.53 Invoice 022316-2 2/9/2016 Cash Payment E 222-42260-383 Gas Utilities GAS SVC 12-19-15 TO 11-21-16- FIRE DEPT $840.53 Invoice 022316-2 2/9/2016 Cash Payment E 101-45200-383 Gas Utilities GAS SVC 12-19-15 TO 11-21-16- PARKS $1,093.83 Invoice 022316-2 2/9/2016 Cash Payment E 101-41910-383 Gas Utilities GAS SVC 12-19-15 TO 11-21-16 CENT BLDG $1,298.62 Invoice 022316-2 2/9/2016 Cash Payment E 602-49450-383 Gas Utilities GAS SVC 12-19-15 TO 11-21-16 PUB WRKS $1,271.98 BLDG Invoice 022316-2 2/9/2016 Project 16-3 Cash Payment E 609-49750-383 Gas Utilities GAS SVC 12-19-15 TO 11-21-16 HWS $495.75 Invoice 022316-2 2/9/2016 Cash Payment E 10145200-383 Gas Utilities GAS SVC 12-19-15 TO 11-21-16 DEPOT BLDG $268.69 Invoice 022316-2 2/9/2016 Transaction Date 2/17/2016 Wells FargoA� 10100x Total $6,109.93 Refer 9 DRILLING, ANDREW _ Cash Payment E 222-42260-434 Conference & i raining Invoice 022316 2/17/2016 Cash Payment E 222-42260-434 Conference & Training Invoice 022316 2/17/2016 Cash Payment E 222-42260-434 Conference & Training Invoice 022316 2/17/2016 REIMB MEAL EXPENSES- MSFCA FIRE $102.00 OFFICER LEADERSHIP CLASSES - ALEXANDRIA MN- A. DRILLING 2-5-16 THRU 2-7-16 REIMB LODGING -HOLIDAY INN EXPENSES- $262.75 MSFCA FIRE OFFICER LEADERSHIP CLASSES- ALEXANDRIA MN- A. DRILLING 2- 5-16 THRU 2-7-16 REIMB MILEAGE EXPENSES- MSFCA FIRE $147.96 OFFICER LEADERSHIP CLASSES - ALEXANDRIA MN- A. DRILLING 2-5-16 THRU 2-7-16 Transaction Date 2/18/2016 Wells Fargo 10100 Total $512.71 Refer 10 EMERGENCY RESPONSE SOL UTI Cash Payment E 222-42260-219 Safety supplies Invoice 5596 1/20/2016 GAS MONITOR CALIBRATION- FIRE DEPT $407.01 Transaction Date 2/18/2016 Wells Fargo 10100 Total $407.01 Refer 23 FIRE CHIEFS ASSOC, HENNEPIN _ -371- C�Ty OF MOUND 02/18/1611:56 AM Page 3 paymen s Current Period: February 2016 caL3. Cash Payment E 222-42260-433 Dues and Subscriptions 2016 DUES- MOUND FIRE CHIEF G. $100.00 PEDERSON Invoice 022316 2/18/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $100.00 Refer 22 FIRE CHIEFS, INTNL ASSOCIAT/O Cash Payment E 222-42260-433 Dues and Subscriptions 2016 INTL FIRE CHIEFS ASSOC ANNUAL $234.00 MEMBERSHIP G. PEDERSON Invoice 022316 2/18/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $234.00 Refer 21 FIRE ENGINEERING PUBLICATION Cash Payment E 222-42260-433 Dues and Subscriptions FIRE ENGINEERING MAGAZINE $21.00 SUBSCRIPTION 1 YEAR RENEWAL- 2016 Invoice 022316 2/18/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $21.00 Refer 11 FIRE SAFETY USA, INCORPORAT Cash Payment E 222-42260-409 Other Equipment Repair HORIZONTAL MOUNTING BRACKETS FOR $145.00 WHEEL CHOCK- FIRE ENGINE #29 Invoice 86032 1/22/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $145.00 Refer 20 FIRE SERVICE CERT OF MINNESO Cash Payment E 22242260-434 Conference & Training FIREFIGHTER I CERTIFICATION EXAM 1-16- $240.00 16 - J. BROWN, M. CATTON, C. PALM Invoice 3852 2/4/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $240.00 Refer 2 FIRSTLAB _ Cash Payment E 602-49450-305 Medical Services ANNUAL SUBSCRIPTION FEE 2016- DOT $250.00 RANDOM DRUG TESTING SVC Invoice FL00141829 2/12/2016 Project 16-5 Transaction Date 2/17/2016 Wells Fargo 10100 Total $250.00 Refer 12 GOVDEALS _ Cash Payment E 222-42260-440 Other Contractual Servic AUCTION FEES ON FIRE DEPT GOODS $16.44 SOLD JAN 2016 Invoice 47129 1/31/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $16.44 Refer 13 HENNEPIN COUNTY INFORMA TIO Cash Payment E 222-42260-321 Telephone, Cells, & Radi FIRE DEPT RADIO LEASE & $1,350.17 ADMINISTRATION FEE - JAN 2016 Invoice 1000069944 2/5/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $1,350.17 Refer 14 HOME DEPOT CREDIT (FIRE) _ Cash Payment E 222-42260-210 Operating Supplies 3'X 5' CHARCOAL MATS- FIRE DEPT $36.94 Invoice 61765 1/19/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $36.94 Refer 3 KRESS, BRENT Cash Payment E 101-43100-218 Clothing and Uniforms 2016 BOOT ALLOWANCE REIMBURSEMENT- $175.00 B. KRESS- STREETS Invoice 022316 2/16/2016 -372- C7Y OF MOUND 02/18/1611:56 AM Page 4 Payments Current Period: February 2016 Transaction Date 2/17/2016 Wells Fargo 10100 Total $175.00 Refer 6 MAAS, JASON _ Cash Payment E 222-42260-434 Conference & Training REIMS- BLUE CARD TRAINING FEE FIRE $90.00 CLASS- J. MAAS Invoice 022316 2/17/2016 Transaction Date 2/17/2016 Wells Fargo 10100 Total $90.00 Refer 4 MEDIA COM _ Cash Payment E 101-42110-321 Telephone, Cells, & Radi ORONO PD INTERNET SVC 2-16-16 THRU 3- $86.62 15-16 Invoice 022316 2/6/2016 Transaction Date 2/17/2016 Wells Fargo 10100 Total $86.62 Refer 5 MINNESOTA DEPT OF HEALTH Cash Payment R 601-49400-37170 State fee - Water 1 ST QTR 2016 COMMUNITY WATER SUPPLY $5,793.00 SVC CONNECTION FEE Invoice 022316 2/10/2016 Transaction Date 2/17/2016 Wells Fargo 10100 Total $5,793.00 Refer 15 NORTHERN TOOL AND EQUIPMEN Cash Payment E 222-42260-210 Operating Supplies VENT CAP W/ THREADED BASE- FIRE DEPT $39.99 Invoice 0193073564 1/31/2016 Transaction Date 2/17/2016 Wells Fargo 10100 Total $39.99 Refer 29 NORTHERN TOOL AND EQUIPMEN _ Cash Payment E 101-45200-220 Repair/Maint Supply PARKS SUPPLIES $79.98 Invoice 4061027985 1/19/2016 Cash Payment E 602-49450-220 Repair/Maint Supply SEWER FUEL PUMP -12 V FUEL TRANSFER, $430.97 FUEL NOZZLE, 2 7/8 CUTTING WHEELS Invoice 4061028325 1/25/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $510.95 Refer 25 SUNBURST CHEMICALS, INC. _ Cash Payment E 222-42260-210 Operating Supplies ANTI BACTERIAL HAND SOAP, DETERGENT $243.54 Invoice 0360554 2/3/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $243.54 Refer 18 TRUE VALUE HWS _ Cash Payment E 609-49750-210 Operating Supplies GAL NATURAL CLEANER, PERMATEX $23.06 DRESSING- HWS Invoice 131638 1/14/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $23.06 Refer 19 TRUE VALUE MOUND (FIRE) Cash Payment E 222-42260-402 Building Maintenance GARAGE DOOR LUBE- FIRE DEPT $14.38 Invoice 131450 1/7/2016 Cash Payment E 22242260-210 Operating Supplies 3/4 CONDUIT LOCKNUT $0.71 Invoice 131713 1/18/2016 Cash Payment E 22242260-210 Operating Supplies 100 PK BLACK CABLE TIES- RESCUE BAGS, $10.86 16 PK 1" MOUNTING SQUARES, GRAY FLIP COVER- DRIVER'S SIDE UNIT #22 Invoice 131687 1/16/2016 Cash Payment E 222-42260-210 Operating Supplies Invoice 131754 1/20/2016 PENETRATE CATALYST, 4" SQ 112 RISE $6.68 COVER- FIRE DEPT -373- UTY OF HOUND 02/18/1611:56 AM Page 5 payor(SMS Current Period: February 2016 Cash Payment E 222-42260-409 Other Equipment Repair SCREWS, NUTS, BOLTS- FIRE UNIT 329 $7.00 Invoice 131886 1/26/2016 602 SEWER FUND $2,330.05 Transaction Date 2/18/2016 Wells Fargo 10100 Total $39.63 Refer 17 WATER CONSERVATION SERVICE Cash Payment E 601-49400-440 Other Contractual Servic LEAK LOCATE @ 1703 JONES LN 1-15-16 $278.75 Invoice 6560 2/9/2016 Cash Payment E 601-49400-440 Other Contractual Servic LEAK LOCATE @ COMMERCE & $355.63 GRANDVIEW 1-14-16 Invoice 6560 2/9/2016 Cash Payment E 601-49400-440 Other Contractual Servic LEAK LOCATE @ COMMERCE & $355.63 SHERWOOD 1-28-16 Invoice 6560 2/9/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $990.01 Refer 26 ZACKS, INCORPORATED �d Cash Payment E222-42260-210 Operating Supplies 10" GREEN NYLEX VEHICLE WASH $52.31 BRUSHS, 5' WOOD METAL TIP HANDLES - FIRE DEPT Invoice 31013 1/28/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $52.31 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $4,089.70 222 AREA FIRE SERVICES $4,691.40 601 WATER FUND $6,896.23 602 SEWER FUND $2,330.05 609 MUNICIPAL LIQUOR FUND $518.81 $18,526.19 Pre -Written Check $0.00 Checks to be Generated by the Computer $18,526.19 Total $18,526.19 -374- CffY OF MOUND 02/18/1612:09 PM Page 1 Payments Current Period: February 2016 Batch Name FEB16UBREFND User Dollar Amt $46.70 Payments Computer Dollar Amt $46.70 $0.00 In Balance Refer 21 BURNET TITLE- EDINA _ Cash Payment R 601-49400-36200 Miscellaneous Revenu 5331 THREE POINTS BLVD- UTILITY $24.71 REFUND- BURNET TITLE Invoice 022316 2/18/2016 Transaction Date 2/18/2016Wells Fargo 10100 Total $24.71 Refer 22 LIBERTY TITLE INC. - ANOKA Cash Payment R 601-49400-36200 Miscellaneous Revenu 2249 WOODLYN RIDGE CT- UTILITY $10.00 REFUND- LIBERTY TITLE ANOKA Invoice 022316 2/18/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $10.00 _Refer 23 MINNESOTA HOME EXPERTS -CNA Cash Payment R 601-49400-36200 Miscellaneous Revenu 3201 AMHURST LN- UTILITY REFUND- MN $11.99 HOME EXPERTS-CHAN Invoice 022316 2/18/2016 Transaction Date 2/18/2016 Wells Fargo 10100 Total $11.99 Fund Summary 10100 Wells Fargo 601 WATER FUND $46.70 $46.70 Pre -Written Check $0.00 Checks to be Generated by the Computer $46.70 Tota 1 $46.70 -375- MOUND CITY COUNCIL HIINUTES January 26, 20116 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 26, 2016, at 7:00 p.m. in the council chambers of the Centennial Building. Members present: Mayor Mark Wegscheid, Council Members Heidi Gesch, Ray Salazar, Jennifer Peterson, and Kelli Gillispie Members absent: none Others present: City Manager and Public Works Director Eric Hoversten, Community Development Director Sarah Smith, Administrative Assistant Mary Mackres, City Attorney Melissa Manderschied, Field Officer Stewart Simon, Consultant Planner Rita Trapp, Assistant City Engineer Brian Simmons, Katie Morford, Shawn Sheridan, Kelly Sheridan, Brenda Jonckowski, Curtis Bree, Andy Weigman, Kris Klinkerfues, Karen & Luke Ledy, Scott Ramaclen, Theresa Gilbert, Tina Tiffany, Brian Kelly, Louis & Katie Herbes, Pat & Ted McGrath, Jim Larson, Ralph Kempf, Ron Mooaesa, Ken Mooaesa, Charles Upton, Bev Bemo, Julie Eastman, Ryan Rosemeyer, Joyce Coleman, Robert Berens, Lori Schneiderhan, Brett Herderdorf, Pat Eastman, Mike Kukas, Jennifer Bruce, Mark Overland, Becky Overland, Sherry Lundy, Lisa Everson, Patty McKay, Dan Halloff, Katrina Gallagher, Brandan Edgeworth, Dean Becharve, Maria Stefrens, Steve Schlachter, Bruce Martin, Charles Leueke, Lauri Huttner, Nichole Spiess, Susan Rieger, Gale Rieger, Mark & Debra Rudy, Bob Nygaard, Douglas Bartz, Jane Grass, Dave Stuess, Ian Maloney, Bin Sanow, Travis Nelson, Casey Schultz, Dan Jensen, Troy Koopman, Tom Lavoie, Bill King, Daniel Gorshe, Reba Murerlint, Mark North, Kristen Schaible Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 11. Open meeting Mayor Wegscheid called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance 3. Approveagendia MOTION by Salazar, seconded by Peterson, to approve the agenda with replacement pages No. 178 and Nos. 181-182. with additional information for Item #7, Tuxedo Blvd. Street Improvement Project. All voted in favor. Motion carried. 4,o Consent agenda MOTION by Salazar, seconded by Gesch, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $300,688.85 B. RESOLU71]ON NO. 10-12- RESOLUTGOM RECOMMEMOMG COKYTMUATiON OF CDBG FUND® NG OF WESTOI-ISA COM MUMTY ACTION NEWU01 ORK (rWeCAN) -376- Mound City Council Minutes — January 26, 2016 C. Approve Second Amendment to Lease Agreement between the Westonka Historical Society and the City of Mound D. RESOLUTION NO. 16-13. RESOLUTION APPROVING BUILDING Iii PROVEMENTS TO LEVEL 4 OF THE CENTENNIAL BUILDING BY THE WESTONKA HISTORICAL SOCIETY E. RESOLUTION NO. 16-14. RESOLUTION AUTHORIZING PROCUREMENT OF WEB - BASED AUTOMATED GIS ASSET AND WORK MANAGEMENT TOOLSET F. Approve a 1 -Day to 4 -Day Temporary On -Sale Liquor License for Our Lady of the Lake Catholic School's March 5, 2016, Beer Tasting Event Fundraiser, with fee paid. 5. Comments and suggestions from citizens present on any item not on the agenda. None 6. Action to approve minutes from January 12, 2016, reguIar meeting MOTION by Salazar, seconded by Gesch, to approve minutes from Jan 12, 2016, regular meeting. The following voted in favor: Salazar, Gesch, Peterson, Wegscheid. The following voted against: none. The following abstained: Gillispie. Motion carried. 7. City Engineers requesting re -open of Nov 24 2015 Public Improvement Hearing, 2016 Streets Utility, and Retaining Wall Improvements, Tuxedo Blvd Brian Simmons, Mound Assistant Engineer, made a presentation on the Tuxedo Blvd Street Improvement Plan with two points to revisit. Simmons is seeking council direction on material revisions and is looking for direction on establishing the number of ERUs for Lakewinds condominiums. Simmons said the City is not installing water mains along the majority of Tuxedo Blvd. Staff is proposing to install a loop for an additional $15k which will improve water quality in that area. Simmons noted the intersection of Manchester & Tuxedo has an offset intersection, has an existing guardrail, and the sidewalk narrows and is somewhat unsafe. Simmons has looked at design options to solve some safety concerns and is proposing to even out the width of sidewalk. Simmons and city staff also analyzed replacing the retaining wall in the same area. Although Simmons says the retaining wall has approximately 15 - 25 years of life left, replacing the wall is $10k cheaper than repairing it. Simmons and staff recommend adding $70k to the project for the sidewalk and retaining wall changes, which are considered safety improvements. Simmons stated that under MN statutes, the City must have a public hearing as part of process to inform the public of the assessments and that the City has always assessed on an equivalent residential unit (ERU) basis for their improvement projects. Simmons explained how ERU's are determined and said that instead of looking at front linear footage, the City applies a single unit to each individual single family home, with different formulas for commercial properties and high density housing. The combination method is used for commercial properties, which is 30% of front footage + 30% of area + 40% of total number -377- Mound City Council Minutes — January 26, 2016 of units. Policy for multi -family residential units (high density) is .75 ERU per unit. There are clauses in the policy which guides the City in how to apply reasonability to this standard. Simmons stated that starting with Indian Knoll Manor, which was the first high-density multi- family housing in a improvement project area, the City has been consistent in this practice; having established an alternative high-density residential methodology. Simmons noted that this method was most recently used with Seahorse Condos on the Three Points project. This alternative methodology takes the area of the lot in square feet and divides it by 10,000 feet (typical Mound buildable lot size) to come up with the number of ERUs. Simmons noted that Lakewinds condos sit on 7.1 acres, which equals 309,000 feet, equaling 141 ERUs, which would not seem like a reasonable assessment for the Lakewinds owners. Simmons stated that the previous version of the feasibility study proposed three ERUs for Lakewinds and that possible alternatives include either 10 ERUs or 15 ERUs using either the 3 -sided corner lot or 2 -sided corner lot based on the formula used for the Seahorse Condos. Simmons presented updated numbers for the feasibility study, which include the additional $15k in water main repairs and $70k in retaining wall and sidewalk improvements. The new assessable amounts won't change significantly with the addition of the sidewalk & retaining wall improvements. The City will pay 1/3 of project costs. Simmons presented different options for various ERUs for Lakewinds. Simmons showed cost comparisons using the Seahorse assessment method. Salazar wanted to know how Simmons came up with 10 or 15 ERUs for Lakewinds. Simmons explained that Lakewinds could be considered a 3 -sided corner lot because it borders on Wilshire Blvd., an unimproved street partially occupied by Pelican Point Circle, and Tuxedo Blvd. Simmons stated corner lots in the past have been assessed 1/2 ERU for each street equaling a total of one ERU. Salazar stated that he considers the "best deal" is 10 ERU's for Lakewinds . Mayor Wegscheid recapped Simmons' presentation, noting the assessed values went up due to the addition of the retaining wall and sidewalk improvements and noting that the City is trying to make the process fair and equitable for everyone. Wegscheid noted the topics of usage and frontage frequently come up, but that it is difficult to quantify usage and that Lakewinds mainly uses a County road which will not get assessed. The Mayor said the City is trying to assess in "the spirit of public roads" and trying to do it in the fairest way, which is why the Council approved the ERU method when the assessment policy was first developed. The Mayor said the Council has to look at the bigger picture while balancing costs to see what will work. Wegscheid stated it is not a perfect system, but the City needed something to use to establish fair assessments and that the past has to be considered in order to make a long-term, even decision regarding assessments. Mayor Wegscheid hid opened the public hearing e 7:24 pom. Ralph Kempf, of 4379 Wilshire addressed the Council, stated he is on the Board of Directors of Lakewinds. Kempf thanked City Manager Hoversten for his accessibility as the public Mound City Council Minutes — January 26, 2016 tries to understand the ERU issue. Kempf challenged the costs for Lakewinds owners, noting that zero ERUs were assigned at first, then three ERUs were assigned at the Nov. 24 council meeting, and then John Beise, former council member, recommended 15.5 ERUs for Lakewinds. Kempf noted this 500% increase would raise Lakewinds' contribution for the project to $102,300 and that Lakewinds needed more time to inform residents so that their concerns could be heard. Kempf explained what each ERU for Lakewinds would do. Kempf thinks the only beneficiary for this increase is the City as the Lakewinds property only has 179 feet fronting Tuxedo, which equates to 6% of total lineal footage of project. Kempf stated Seahorse costs and benefits are not the same as Lakewinds. Kempf provided excerpts from the League of MN Cities website regarding assessments. Kempf referenced the League's assessment tool kit which states there must be a benefit to the assessed property and noted that with no access to Tuxedo for Lakewinds then there is no market value benefit. Kempf stated he objects to this assessment process. Jim Larson, 4371 Wilshire, B204, stated his is an owner, resident, and board member at Lakewinds. Larson presented a map of Tuxedo and entrances and exits to Lakewinds. Larson wasn't sure why he got a notice of potential assessment as Tuxedo means nothing to him. Larson showed different assessment methods. Larson believes the area assessment method is flawed and that he doesn't think Lakewinds is considered a 3 -corner lot, noting that he has never been on Pelican Point Rd. Larson went over the special assessment toolkit from the League of MN Cities and noted concern that his property taxes will go up if his property value goes up. Larson challenged the assessment on behalf of Lakewinds and stated that he wants an option to appeal the Council's decision to the district court. Larson said he looked at other cities and how they assess properties and agrees there are some flaws in all systems. Mayor Wegscheid addressed Mr. Kempfs statement that extra money goes into the city's coffers. The Mayor stated that cities don't have "coffers" and that all funds go back into projects in the City that benefit all of the community and the residents. Steve Schlachter, 5418 Church, stated he is president of the Lakewinds association. Schlachter believes one of the justifications of getting an assessment for Tuxedo would be that they wouldn't get other assessments. Schalachter said although they won't get assessed for Wilshire which is a county road, the association has to maintain the driveways at Lakewinds and they will be assessed for that. Schlachter says Lakewinds would be assessed for about 25% of the Tuxedo project if assessed 10 ERUs and that there is no benefit for Lakewinds. Kristen Schaible, 4387 Wilshire, #®111. Schaible says she never takes Tuxedo and that ninety-two percent of time people take a right out of the Lakewinds parking lot and not a left. Brian Kelly, 4387 Wilshire, commented that if the City assesses people unfairly we may lose some Mound citizens. Lori Schneiderhan owns four condos at Lakewinds. Schneiderhan said that it sounds like the City is trying to justify the Lakewinds assessment by considering Wilshire as a county road, adding that the original proposal of three ERUs seems reasonable. Mayor Wegscheid stated that he wanted everyone to know that they have the right to appeal and that they don't need to stand up and say that. -379- Mound City Council Minutes — January 26, 2016 Ted McGrath, 4047 Wilshire, #F211 stated that he realizes that city wants to keep things fair and be consistent with what has been done in the past, but that he believes the city needs to take extra care with this one. Doug Bartz, 4307 Wilshire, #E301, stated he is a High School Math, Physics & Chemistry teacher. Bartz believes there is not a valid comparison on road improvement costs with Seahorse & Lakewinds condos as no Lakewinds resident needs to drive on Tuxedo to get to their condo. Bartz presented Spring Park's assessment process and stated he thinks too much money is potentially being assessed by Mound to the Lakewinds Condos. Mayor Wegscheid commented that the discussion of usage is repetitive and that the program used isn't perfect and that there are many methods used. The Mayor encourages others to speak to something other than usage. Vince Forystek, of 3131 Inverness, stated that he owns condos at Lakewinds and would like the City to scrap the assessment method being considered Forystek noted all the people on Shady Island & Enchanted Island have to use Tuxedo to get to their homes and that Tuxedo Blvd. should be a county road. Mayor Wegscheid stated that we all live in the community and the Council understands the usage argument. Shawn Sheridan, of 4407 Wilshire, wants to know what the next steps are. Bob Ahrens, 5855 Sarah Heights Drive in Rockford and Lakewinds condo owner, noted owners pay county taxes which pay for county roads and that he is okay with paying a fair share. Bruce McComb, 2772 Becker in Independence, stated that he is the power of attorney for a resident at 4407 Wilshire and that he wants to know what city attorney says. City attorney Manderschied said it is appropriate to comment on where we are in the process; however, she can't comment on legal advice that she is giving to her client, the City. Dennis Erickson, 4387 Wilshire #D310, stated that he moved to Mound in 1969 and noted that a lot has happened since then. Erickson recommended all paying into a fund at the same time that would fund road improvements. Chuck Laveke, 4379 Wilshire, stated that he thinks that Lakewinds has been represented very well tonight and that Lakewinds pays $275k in property taxes. Laveke said he thinks Lakewinds pays too much for water with the tiered system. Ralph Kempf added that Lakewinds pays for hydrants being flushed on their property. diflay®r Wegschaid cased rhe pubUc hearing e 8049 Pomo The Mayor commented that most of the conversation is about usage and that it is a tough process as someone will walk away shaking their head. The Mayor noted references to the League of MN Cities verbiage is in the City's policy and that the question of whether the MO Mound City Council Minutes — January 26, 2016 improvements increase the property value is a common one. The Mayor stated he would like to get input from the Council. Gesch brought up that the Council requested to be better educated on the process at the initial hearing and that Staff was asked to bring back more analysis to Council. Gesch added that the Council is trying to be equitable. Salazar stated that he concurs with Gesch and noted that the original three ERUs with a cap of $6600 means the City would need to absorb about $48k. Salazar said he initially thought 10 ERUs appropriate for Lakewinds but in looking at the frontage, now believes three ERU's are more appropriate and that no ERUs would not be appropriate. Salazar stated the project is of some benefit to Lakewinds owners and noted that single households on Tuxedo will pay about $6600. Gillispie stated that the improvement projects have been going on for 10+ years and that the Council has to be fair in regard to people from past projects. Gillispie said she is not in favor of zero ERUs and is in favor of something that is fair and reasonable. Gillispie asked about the City process for assessing for unimproved roads. Simmons stated that the City hasn't assessed for them in the past and Gillispie said she feels that this isn't something we should start now. Peterson asked what Simmons thinks and Simmons said that the Council needs to think about what benefit improved roads will make. Gesch said she did not want to make an uninformed decision when it was discussed at the initial hearing and that she needed more clarification to make a good decision. Gesch stated that she is okay with three ERUs. Mayor Wegscheid agreed with three ERUs as well and stated that zero ERU's are not an option and would not be a responsible thing to do. Wegscheid said there has to be some contribution by Lakewinds and that he felt the Council can direct staff to prepare a resolution. MOTION by Wegscheid, seconded by Salazar, to direct staff to prepare resolution ordering improvement and preparation of revised plans and incorporating the ERUs for Lakewinds to the quantity of three. All voted in favor. Motion carried. Mayor Wegscheid thanked everyone for showing up and speaking up. a. PubUc Hearing ® RevieLg!��ed ao aendments to City Code Chater 12 Ordinance) related to the ex�aa�si®m� ��e�owit pe�a�lati®�� Rita Trapp, City Planning Consultant, presented zoning code amendments related to expansion permit regulations. Trapp stated in 2015 the City Planning Commission reviewed the City expansion permit process. Over the last five years the City has approved all 20 permit applications brought forward. Trapp questioned if some of these permits could be reviewed and approved administratively rather than going through the Planning Commission. Those type of expansion permits that could be reviewed administratively include a minor roof peak height increase, a basement excavation, an increase in an Mound City Council Minutes — January 26, 2016 existing upper floor which remains within the footprint of the lower floor and isn't larger than 500 square feet and one-story additions on a main floor which would be less than 250 square feet. Trapp stated an example of the latter could be a porch with minor modifications. Trapp explained that if a project doesn't fall within the parameters of the above four minor expansion areas, it would be considered a major expansion and will go through the Planning Commission and City Council approval process. Gillispie asked for clarification on appealing decisions for minor expansion permits when they are denied. Trapp commented that the applicant would have the ability to appeal immediately if the minor expansion permit was denied. If it is denied again, the one-year waiting period would apply. If adjustments were made, the project could come back again for review. Mayon Wegscheid opened the Ypub is bearing at 9:15 Pomp End Won recsly'ng no comments from the public, closed the public hea ifvgo MOTION by Gesch, seconded by Salazar, to approve the following ordinance amendment. All voted in favor. Motion carried. ORDINANCE NO. 01-2016. AN ORDINANCE AMENDING CHAPTER 129 OF THE MOUND CITY CODE AS IT RELATES TO EXPANSION PERMITS MOTION by Salazar, seconded by Gesch, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 16=15° RESOLUTION AUTHORIZING PURL iCATGON OF ORMNANCE 01-2016 BY TI7LE AND SUMMARY 9e Communo : f Day h Sm th reguesUng dI scusslon_acdon on conditional use permK vlolaat 4831 Shorelone ®rove QliilalnStreet USA) a item tabled at JaM� a� 12, 201169 M2 ting Before the discussion began Gillispie recused herself due to potential conflict of interest. Smith summarized the issue and said that operations needed to be brought into compliance with the current Conditional Use Permit (CUP). Smith noted the City does have an application requesting an amendment to the CUP with an updated site plan and a request for minor vehicle repair activities. Smith noted the application requirements have been satisfied and that Staff has met twice with the property owners to discuss the CUP since the last Council meeting. Smith stated there has been movement on the site relating to the number of vehicles on the lot, noting there were 37 vehicles observed on site last week and 29 vehicles as of Thursday afternoon. Field Officer Stewart Simon observed 28 vehicles on the property on January 24, 2016 and today there were 28 vehicles observed on the site plus five additional vehicles on the street. Smith stated the CUP allows for 20 vehicles on display for sale to be allowed on site plus customer and employee parking. Smith added there are activities taking place on property which may not be allowed by the CUP, including automotive repairs. Mayor Wegscheid noted that the amount of vehicles on site still doesn't meet what is sm Mound City Council Minutes —January 26, 2016 required in the CUP. Max Teplitski, owner of Main Street USA, addressed the Council. Teplitski stated that the current number of vehicles on site displayed for sale is 16 and that the other vehicles are in back for staging. Teplitski stated that when vehicles are brought in, they go through their checklist to make sure vehicles are ready for sale. Teplitski stated he has a plan to do site improvements in the spring or summer. Mayor Wegscheid stated that this is not a new issue and that Mr. Teplitski came into compliance previously. The Mayor said Staff has been clear in explaining what 20 vehicles means, additional time was given, and that staff continues to observe an excessive number of vehicles on the lot. Mayor Wegscheid recommended suspension of the CUP until Feb. 10 and that if the owners are not in compliance by then, the suspension will continue. Attorney Manderschied asked how the Council would like to proceed if property owner meets requirements prior to the next meeting. Mayor Wegscheid clarified that no action would be taken until next Council meeting. Salazar stated that we are very pro business in our town but that he wants the property to be presentable and wants the CUP to be followed. Salazar asked if in-depth auto repairs are taking place on the property and added that this is above and beyond what is allowed in the CUP. Teplitski said that the CUP states that he can have 20 vehicles on the lot and that he brings cars in and out of the lot all the time since it is just part of the business. Teplitski stated they are not doing custom work on cars on the lot. Mayor Wegscheid noted that the current CUP conditions are not being met. MOTION by Wegscheid, seconded by Salazar, to approve the resolution. All voted in favor. Motion carried. RESOLUTION No. 16-16. RESOLUTION REVOK[!NO THE CONDITIONAL USE P[ RMiT AILLO@rt lING OPEN LOT VEHICLE SALES ON THE PROPERTY LOCATED AT 4831 SHORELINE DRIVE 10. Discussion/action on vasrianlocation ffo p�®� Planning Case No. 15-23 Applicant: Steve Kleinman (on behalf of owner Troy Koopman) Rita Trapp, City Planning Consultant, explained this variance request is for a rear yard setback for a new home. The application has been reviewed by the Planning Commission in November which recommended approval. Staff recommended denial of the variance as the project is a demolition and rebuild. Trapp said she is here to request direction from the Council and that due to the differing recommendations a resolution has not been prepared in advance. Salazar stated he feels that the applicant has plenty of property to build on the site correctly without applying for a variance. Mound City Council Minutes — January 26, 2016 Peterson stated that there was an hour of discussion regarding this property at the Planning Commission meeting and that the recommendation of the Commission was based on the site keeping the setback at 10.6" which is under the 15' rear set back. Peterson stated the Planning Commission did note the project does not meet the practical difficulties test. Salazar noted that there are no practical difficulties and there is plenty of land to not request a variance. Gillispie says that there is always a debate on side/rear setbacks on lakeside homes. Salazar says that the front of the house on the street -side should be considered the front of the house. The back of house must have the 15' setback as is required. Peterson noted that the Commission declined a variance for a similar situation and the site never was redeveloped which wasn't a benefit to the community. The Commission is in favor of redevelopment. Gillespie asked how the neighbors feel about the project. Trapp said the neighbors are in favor of the build. Steve Kleineman, SKD Architects, stated he has been designing homes for 40 years and noted there is a steep embankment on lot and that there are a number of constraints on what you can do with the house due to the lot conditions. Salazar asked why area towards the lake can't be filled in instead of asking for a variance to the back of house. Gesch stated that she sees no practical difficulty and the steep slope on the lot doesn't qualify as a bluff noting there is plenty of room on the lot without asking for a variance. Mayor Wegscheid mentioned that the Council has historically granted many variances and there are these rules for a reason. Wegscheid noted the need for consistency, even though each application is decided on a case-by-case basis. Gesch reiterated the practical difficulty test isn't met at this location. Gillispie asked why the hill on the site isn't a bluff? Smith stated the surveyor analyzed the property for bluff criteria and the slope on the lot did not meet the criteria. Troy Koopman, owner of 1732 Canary Lane, stated the project will quadruple the value of the property and therefore property taxes paid to the City. Koopman is trying to keep the neighborhood happy with this design which has taken over eight months and has been a significant investment for him. Koopman further stated the variance request is in an area which no one can see. Gillispie stated she understands the practical difficulty question though she would rather see this house built versus expanding the current house on the lot. Trapp was asked if there is something about this lot that impedes the ability to put a reasonable structure on it. Trapp explained the lot is not a standard lot though the physical layout of the lot does not present a practical difficulty. Mound City Council Minutes — January 26, 2016 Peterson stated that City is gaining from the tear down. Mayor noted that the lot is off the beaten path and that he is going back and forth on approval but is leaning towards allowing the variance. Salazar stated again that the operative term is practical difficulty to build in a reasonable manner for the lot. Salazar questioned where the Council would draw the line. Smith then read variance criteria and definition of practical difficulty. Salazar stated he thinks another size house can be built on the lot because it is a big enough lot and that the request is about aesthetics. Salazar questioned if the variance is granted and another variance application for a smaller house is denied, people will ask why the Council approved a variance for the "rich guy." Peterson says the variance has nothing to do with the size of the house. Gillispie said she thinks the Council would not be considering a variance if it was a flat lot and that the sloping hill is very restrictive in the build, even though it doesn't qualify as a bluff. Gillispie also stated the large house should not be held against the applicant and there are many variables to this decision. Salazar says it's hard to justify a variance when there are no practical difficulties. Salazar feels the reason the applicant wants the variance is because the house is so big. Koopman stated he is trying to jut the house back to give his neighbor some view of the lake and that it will not look like a big house from the road since half the house is underground and no one would know the size. Salazar reiterated he is sympathetic to the owner but that he does not see a practical difficulty and that the applicant can still build a lovely home without the variance. MOTION by Wegscheid, seconded by Gillispie, to direct staff to draft a resolution to approve the variance. The following voted in favor: Wegscheid, Gillispie, and Peterson. The following voted against: Salazar and Gesch. The following abstained: none. Motion carried. 11. Gnfforrmatocnlf scsUansous A. Comments/reports from Council Members B. Reports: Harbor Wine & Spirits - Dec. 2016 C. Minutes: D. Correspondence: City Manager Hoversten reminded the Council there will be a community update from State Senator Osmek at the Feb. 23, 2016, Council meeting. U. Adjourn MOTION by Gesch, seconded by Gillispie, to adjourn at 10:41 p.m. All voted in favor. Motion carried. Mound City Council Minutes — January 26, 2016 Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk MOUND CITY COUNCIL MINUTES February 9, 2016 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 9, 2016, at 7:00 p.m. in the council chambers of the Centennial Building. Members present: Mayor Mark Wegscheid, Council Members Heidi Gesch, Ray Salazar, Jennifer Peterson and Kelli Gillispie Members absent: none Others present: City Manager and Public Works Director Eric Hoversten, Community Development Director Sarah Smith, Administrative Assistant Mary Mackres, City Attorney Melissa Manderschied, Field Officer Stewart Simon, Consultant Planner Rita Trapp, Director of Finance and Administration Catherine Pausche, Katie Morford, Ryan Simatic, Michael Kurtz, Carson Meritt, Lisa Meritt, Michael Kukis, Troy Koopman, Penny Ehlers, Kurt Ehlers, Ken Nash, Justin Rock, Laura Mattioli, Robert Mattioli, Valerie Mattioli, Tom Lavoie, Alex Teplitski, Alexandra Teplitski Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1a Open meeting Mayor Wegscheid called the meeting to order at 7:00 p.m. Z Pledge of Aftgiance Qppr®ve agenda Hoversten presented replacement pages for agenda item 8: pages 314 - 318, 318.1 and 318.2. These pages represent the complete letter to the City from the representation of Justin Rock in the matter of the Board of Adjustment and Appeals. MOTION by Salazar, seconded by Gillispie, to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda Salazar requested the removal of item 4D. MOTION by Salazar, seconded by Gillispie, to approve the consent agenda, as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $1,308,305.83 Ba Approve Pay Request No. 7 from Geislinger & Sons, Inc., in the amount of $59,842.07 for the 2015 Street, Utility and Retaining Wall Improvements - Grandview Boulevard and Tuxedo Boulevard, City Project Nos. PW -15-02 and PW -15-01 Co RESOLUTION NO. 16-170 RESOLUTION AMENDING AICD RESTATMG RESOLUTIOM 15-138 AND ORDEMMG WPROV IiiLMT AND PREPARATION OF -387- Mound City Council Minutes — February 9, 2016 LA S C �O1 S1 R UTILIT`'i A� D f STAINING "`h.LL I Ff�� �Eh ENT F'I0JLCT TLXE�OO 1C?UL �. F'HA E II. CITY P�-.j r �. F ^ -1 :-©-- D. REMOVED 4D. Salazar requested removal of item 4D to express his opposition to the resolution. MOTION by Gillispie, seconded by Peterson, to approve the following resolution. The following voted in favor: Wegscheid, Gillispie, and Peterson. The following voted against: Salazar and Gesch. The following abstained: none. Motion carried. RESOLUTION NO. 16-18. RESOLUTION APPROVING VARIANCE FOR 9732 CANARY LANE, PLANNING CASE NO. 16-23. 6. Comrnents and suqqestions ffrom citizens present obi any item not on th ��enda. Michael Kurtz and Carson Meritt, students from Grandview Middle School, stated that they will be competing in the community problem solving fair on April 9, 2016 where students are required to identify a real-life problem and offer a real solution to help solve the problem. Kurtz and Meritt chose teen homelessness and stated that there are over 4,000 teens in Minnesota who are homeless and that most kids know very little about homelessness. In order to raise awareness about teen homelessness, Kurtz and Meritt will be sleeping in a car in the parking lot at Grandview Middle School for one week to raise money for the Open Hands Foundation which operates a teen homeless shelter in Chanhassen. Kurtz and Meritt are asking the city council to help them by passing a resolution proclaiming April as teenage homelessness awareness month in Mound in order to give support and encouragement to the homeless teens in our district. Kurtz and Meritt will use the proclamation in their competition portfolio as part of the statewide and international competition. Mayor Wegscheid directed Kurtz and Meritt to send their prepared resolution to staff and directed staff to include the resolution on the next City Council agenda. 6. Dascusslon and action to aovin,p llauor licenses for Subside Char & GrrIfl LLC for a Class III restaurant at 2544 Commerce Boulevard Catherine Pausche, Director of Finance and Administrative Services, presented a resolution approving the liquor licenses for Surfside Bar & Grill and stated that three local residents have formed an LLC for this business. Pausche noted background checks have been conducted according to Chapter 6 of the City Code and that the Orono Police Chief has recommended approval of the licenses due to clear background checks and the evidence of financial viability. Ken Nash, one of the partners, spoke to the Council stating that he is excited to become part of the Mound business community and that he feels the restuarant is a resource that is really needed in the city. Nash stated they will remodel the building so the appearance will really change dramatically from the outside and noted that the partners have great plans for the inside as well. Nash stated that he owns a restaurant and bar in Rochester, MN and his partners have been in the business most of their lives. Nash stated they have great ideas for the menu and there will be great food and that they hope to open in mid-April. Mound City Council Minutes — February 9, 2016 MOTION by Salazar, seconded by Gillispie, to approve resolution. All voted in favor. Motion carried. RESOLUT�ONI NO. 16-19e RESOLUTION APPROVWG LUQp UOR L�CEHSES FOR SURFS11@I;= [BAR Z GRA LL, LLC, FOR A CLASS M RESTAURANT AT 2644 COMMERCE BOULEVARD i, Community Develop ctor Sarah SmIlth Ireguesting discussoon/action on condMonaiQ useperrn6t vl®Baitu®n aD at 4831 Shoreflne ®rave (Main Stvast AutoD Gillispie recused herself due to a potential conflict of interest. Smith addressed the Council for consideration and action on Conditional Use Permit (CUP) violations for Main Street Auto, noting the owners of the property were to bring the property into compliance prior to tonight's meeting. Smith stated that effective January 31, 2016, the property is compliant with the number of vehicles allowed in the CUP. Smith says that the property was field inspected and the business had vehicles up on hoists noting that this is normal and customary for the inspection of vehicles for sale. Smith mentioned a resolution to effectively reinstate the CUP and ending the stay for a six month period subject to conditions, including the property remaining in compliance with the current CUP. Smith said if further violations occur and/or the conditions are not met, the Council could revoke the CUP again. Smith stated that staff has received an application from the business requesting an amendment to the CUP. Staff recommends Council taking action on the resolution which rescinds the revocation. Alexander Teplitski, owner of Main Street Auto, 4831 Shoreline, said he doesn't understand what it means to have 20 vehicles "for sale" or "display." Mayor Wegscheid said that inspection means someone from the City looks at the property to make sure it meets the CUP requirements. Teplitski says no one can come on his property without his permission to inspect. Teplitski said the State makes appointments with him to come and inspect the business and then he is issued a certificate. Teplitski says he believes he is abiding by the City regulations and added that he never broke the law. Teplitski showed a picture to the Mayor asking what the photo means. Teplitski said he thinks the pictures are from Google maps and that the picture changes every three weeks and that he never makes trouble. Teplitski says he has a lot of customers who like his business and that they sold 18 cars to children of Mound residents in recent months. He stated he has no problems with any of his customers. Teplitski says he has three people in his family working with him and his employees lost money because his business was closed for two weeks. Teplitski stated this business is his life and that there are five workers at the business every day. Teplitski has a pick-up truck and a snow plow for his business on the site. Teplitski stated he started working with the City in 2009 and showed a plan from an architect with space on the lot for 20 cars. He stated there is not enough area to have 20 cars on the lot. He stated one photo showed 40 cars, some of which were employee vehicles. - '11 Mound City Council Minutes — February 9, 2016 Teplitski thinks he is a hostage and he never broke anything and he complied when he got instructions from the City to move boats and semi trucks off of the lot. He stated that the last time there were issues everything was dismissed. Teplitski noted that he is disabled and questioned why he can't put his own motorcycle and boat on his own lot. Mayor Wegscheid stated that when Teplitski bought the property the CUP that is currently in place follows the property. The CUP was written with previous owners and reflects their needs. A few years ago, there was a difference in interpretation of the CUP. Wegscheid stated that recently things have slipped back to what they were. He stated that the current owners are using the property differently than what the previous owners intended it for. Wegscheid said that Teplitski was told to bring the property back into compliance. The Mayor stated that the Teplitskis' can amend the CUP to match their needs, within reason. The Mayor acknowledged that issues identified were corrected but noted there is a process that has to take place. The Mayor added the current CUP which goes with the property doesn't match what the Teplitskis' want to do with the property. Teplitski said he never broke any city regulation and he never had more than 20 cars for display. Mayor Wegscheid says that when the CUP was written it was for the owner at the time. Wegscheid acknowledges that the CUP needs to be amended to suit their needs. Teplitski wants to have minor mechanical fixes allowed per the CUP since the maintenance shop has been around since 1962 and does not see why that is a problem. Mayor Wegscheid says that staff is in process of working with Teplitski on amending the CUP. MOTION by Salazar, seconded by Gesch, to approve resolution. The following voted in favor: Wegscheid, Salazar, Gesch, and Peterson. The following voted against: none. The following abstained: Gillispie. Motion carried. RESOLUTION NO. 16-20o RESOLUTION EXTENDING THE STAY OF REVOCATION OF THE CONDITIONAL USE PERMIT FOR PROPERTY AT 4831 SHORELINE DRIVE FOR OPEN LOOT SALES AND DISPLAY OF VEHICLES & Board of Adiiiaastment and QI�I�eals G;learro�� re�aP�u� ���tl� Rocl�°s al�I�eal of the Comm unKy. ®eveliogment Durectorr°s oTiientatIon dletermunatIan ffop v-02epti9 at 4730 Gaiway Road Mayor Wegscheid explained the process and order of events for the appeal process. Sarah Smith stated that this request is an appeals request, or an appeal to the board of appeals, Chapter 129.32 of the City Code, which allows a party to seek a decision from the Council on an interpretation of the zoning map or interpretation of the zoning code made by an officer or a staff member or other appropriate personnel of the City. Smith stated this request for appeal is related to the orientation of the property at 4730 Galway Road and specifically what is deemed to be the front of the property. Smith added the City Code designates the City Council as the Board of Adjustment and Appeals and sets forth the process for which the reviews take place. Smith stated the appeal was heard by the Planning Commission on January 5, 2016, and that Staff's conclusions are also included as part of the record. Smith stated that the Planning Commission had two votes on the -390- Mound City Council Minutes — February 9, 2016 orientation of the front of the house, one making the east side and one making the west side of the property to be front of lot, and both of those motions failed. Smith stated the Planning Commission packet and minutes were included in the Council packet. Smith added that the staff report concluded the south side of the lot be the front based on the lot's orientation to Galway Road. Ryan Simatic, 500 E. Grant St., Minneapolis, attorney representing Justin Rock, stated the reason he is representing his client is due to a professional disagreement about the orientation of the property. Simatic questioned the Planning Director's determination that the south side is the front of the property and said that he and Justin Rock argue the front of the property could be either the east or west side and noted that this dispute is taking place due to 4730 Galway Road being a unique property. Simatic said if this property was on improved rights of way (ROW) there would be no debate as the front would be where the access comes in off an improved ROW. Simatic said if this were a corner lot, the shorter of two sides would be the front. Simatic stated Galway Rd is unimproved and the east side is Excelsior Road which is unimproved ROW and that the proper front needs to be determined based on factors that are particular to this property. Simatic stated that the Planning Commission voted to affirm that the south side is the front and noted that if the City Council concurs, it should have substantive factual reasons to do so. Simatic stated that if a citizen submits a Plat that conforms to the zoning code but is denied by the City, it would be considered an arbitrary decision. Likewise, if the proposed use is legal under the zoning code and the proposed use otherwise conforms to CUP, then denying the use permit is considered arbitrary. Mr. Simatic said he believes the orientation of the property at 4730 Galway falls under the same standards. Simatic says the orientation of property should not be disputed. The code directs the Planner to consider two factors in what is the front: first, the building plans as proposed, and second, the surrounding properties. Simatic noted the front door is on the west side of the proposed plans, therefore, the west side should be the front. Simatic stated surrounding properties have the rear of their houses facing Lake Minnetonka, noting the house to the north is unique as it originally encompassed the lot at 4730 Galway before it was subdivided. Simatic stated the Planning Commission determination has to consider the safety and health of Mound residents and the orientation of this property has no detrimental effect to the property to the north since those owners are the ones that sold off the property. Simatic said that determining that the east or west side of property is the front will not set a precedent that other owners will apply to change the orientation of their property. Simatic further stated that the City Code allows for a determination of what is a practical front yard and noted this property abutts Lake Minnetonka to the west and considering the west side as the front should be considered practical. Simatic stated the City has lot depth standards and the typical orientation would be that east or west is the front of this lot and would conform to normal setbacks, whereas setting the south side as the front would allow for only a small developable area and the house on this lot would look like a boxcar. Simatic says that one factor that the Planner keyed in on is the lot access point but that he does not think this should be considered at all because the property does not have a typical access. Instead, he feels the determination should be what is the practical front yard. Simatic stated the front yard access is coming off of Shannon Lane as much as it is coming off of Galway Rd. and that it is completely arbitrary to pick one over the other. Simatic says that the Planner also has keyed in on the idea that orientation should be determined by what -391- Mound City Council Minutes — February 9, 2016 is consistent with traditional residential development. Simatic stated that every lake front home in the area is oriented to the lake and that the City has accommodated similarly unique lot layouts as Galway to have the rear of property face the lake with the proper orientation as either the east or west side. Simatic stated the facts are supporting what Mr. Rock is requesting. Justin Rock, 4730 Galway Rd., addressed the Council and said he sent in a building permit request with the front of the property facing west and added that this concern has been going on for some time and noted that he would like to start building. Smith stated in regards to orientation about the front lot line the definition for front is set forth in zoning ordinance and it is where you have frontage and where there are two sides of a property facing a improved road it is the smaller of the two sides of the lot which becomes the front. Smith added it is the responsibility of the Community Development Director to apply the front as what is practical. Smith stated the east side of the lot is not open and accessible for driveways and that no properties along that elevation of Excelsior are provided driveways from onto that right of way as unimproved Excelsior is functioning as commons. Smith added the west side cannot be the front side because it doesn't abut a public street and the northerly termination of Shannon Lane does not extend to the property, noting the only road that is in an East-West direction is Galway. The way to access the property is from the ROW within Galway Rd. which means the south facing Galway is the front of the property. Smith noted that the two properties mentioned by Simatic had some similarities but noted the road is improved in front of the Kildare property and the home on Dorchester has an improved road in front of it, whereas Galway has a public easement within a private roadway. Smith mentioned that in the building permit that was submitted by Mr. Rock, if the east or west were deemed to be the front, it would comply with zoning in all regards, but in that case the setbacks would be compromised because Galway Rd setback exceeds the 15 feet standard and the appropriate setback for a road in a side or rear capacity is 10 feet, not six feet. The setback along Galway would then be 10 feet, and the north setback would be six feet. In regards to the vacation request the setback would be different. Smith says that based on the orientation of the lot, Staff believes the south side is front. Gesch asked about the plan showing the front door facing west and if that makes the front the west. Smith stated that the variance approved in 2014 granted a setback reduction to allow a certain portion of the house be within six feet of the front property line as long as it was less than 20% of total length. City Attorney Melissa Manderschied added that the variance was granted only if front of lot is deemed to be Galway. City Manager Eric Hoversten says that there is a physical difficulty in accessing the property from Excelsior Road. Rock said that driveway is coming in from west. As this is a corner lot, the shortest side is deemed to be the front and he is looking to utilize the full width of the lot, which is 70 feet. He stated he is looking to maximize the view of the water. Mound City Council Minutes — February 9, 2016 Peterson asked why this threw up red flags. Smith says that per the City Code the west can't be the front because Shannon Lane does not extend through to the north and noted that the driveway has always been on Galway Rd. Hoversten says that there are a number of houses on Three Points where the improved roads terminate before they fall to the water and those lots are all oriented similar to this, with the long side of their lots as the front. Laura Mattioli, Maple Grove, says a lot has been brought up about Excelsior not being a road and stated the lot at 4730 then should not have been deemed buildable as it doesn't have any improved road frontage. Mattioli says they have spent 1 '/a years trying to make this lot work for them and questioned why the City can't change the orientation assuming the City should want a home that is most conforming. Rock stated he does not know why this was deemed a buildable lot. He has other options that neighbors won't like to build 2 'h stories up. He stated he intends to stay here and raise a family in Mound and the decision to make the south the front of the property is restrictive. Salazar said that Rock knew about the restrictions before closing on the property. Rock was provided the information prior to closing. Salazar says that Rock knew what the rules were before the purchase. Salazar stated that now that Rock closed on the property he wants the City to change the rules. Salazar further stated that in 2014 it was determined which side was going to be front and that orientation and setback requirements were shown to him going in. Mayor Wegscheid stated that this is an appeal process noting the case is not new and there was nothing new brought forward today. Simatic asked if the orientation was brought up to the Council and Mayor. Mayor Wegscheid said that yes, all of this was discussed several times. Smith stated the variance granted was based on materials provided at that time. Peterson asked why does the City would want to make the south side the front? Smith stated there are no driveways on the east side of any of the properties from Carlow Road southward and offering the west side as the front doesn't get close to the definition of what is front because it doesn't touch a public road. Shannon Lane does not extend through and the west is not eligible as the front under the City Code. Driveway access isn't a factor but noted there are no driveways abutting Excelsior Lane. Mayor Wegscheid stated that everyone has an opinion and now is the time to make a decision. The Mayor reiterated the reason for the discussion is an appeals process. MOTION by Wegscheid, seconded by Salazar, to direct staff to prepare an order that upholds the Community Development Director's orientation for reasons stated within the packet outlining the basis for that decision. All voted in favor. Motion carried. 9, InfformaNan/Misceftneous A. Comments/reports from Council Members B. Reports: Harbor Wine & Spirits - Jan 2016 -393- Mound City Council Minutes — February 9, 2016 Bolton & Menk, Inc. YTD as of 12/31/15 C. Minutes: D. Correspondence: Hoversten noted the following highlights to the calendar: o Met Council open house is on March 15 February 23 HRA meeting begins at 6:OOpm instead of the typical 6:55 pm o City departmental reports will take place on April 19 m February 25 is the Volunteer Recognition dinner at Gillespie Center 10. Ad iourn MOTION by Gesch, seconded by Salazar, to adjourn at 8:46 p.m. All voted in favor. Motion carried. Attest: Catherine Pausche, Clerk -394- Mayor Mark Wegscheid " G_ MINNESOTA'DEPARTMENT bFi'UBUC SAFETY: Name of organization Address Name of person making application Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MIN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLECATPOM AMD PERM 4 FOR A I DAA( TO 4 DAY TH PORARY ON -SALE MQUOR IiaOCEfn SE Date organized Tax exempt number / City State Zip Code "�mad I IMinnesota Business phone Home phone I Date(s) of event Type of organization 0;/.� Club ❑ Charitable E] Religious ❑ Other non-profit Organization officer's name City State Minnesota Zip Code Organization officer's name City State _ Minnesota Zip Code Organization officer's name City State �— Minnesota Zip Code Organization officer's name City State 1�� Minnesota Zip Code Location where permit will be used. If an outdoor area, describe. LJ�_2 Oar\ If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. } If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. rl�,�.�- 1) APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Date Approved ount Date Fee Paid rmit Date City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL.. E-MAIL THE APPLICATION SIGNED BY CIT"-395_(TO AGE.TEMPORARYAPPLICATIQN@STATE.MN.US 4 2415 Wilshire Boulevard Mound, MN 55364 (952) 472-0604 To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: February 17, 2016 Subject: Consideration of Resolution Declaring April 2016 as Teen Homelessness Awareness Month in the City of Mound At its February 9, 2016 meeting, the City Council, received a presentation from Michael Kurtz and Carson Meritt , during the public comment portion of the meeting, about the topic of "Teen Homelessness" which is their selected project for the 2015-2016 Future Problem Solving International Program where students identify real problems in their community and implement real solutions to promote community awareness about homelessness. The students will be competing in the state competition on April 8, 2016 and requested the City of Mound assist them with their awareness campaign by declaring the month of April to be Teen Homelessness Awareness Month in the City of Mound. The City Council directed Staff to prepare a resolution to be brought back to the City Council for action. In WINE J� RESOLUTION DECLARING APRIL 2016 AS TEEN HOMELESSNESS AWARENESS MONTH WHEREAS, the City of Mound recognizes homelessness among young people as a serious issue; and WHEREAS, the University of Minnesota's Humphrey Institute estimates there are over 4,000 homeless youth in the state; and WHEREAS, Grandview Middle School, seventh grade students Michael Kurtz and Carson Meritt have chosen to use the topic of "Teen Homelessness" as a project for the 2015-2016 Future Problem Solving International Program in the Community Problem Solving category, where students identify real problems in their community and implement real solutions; and WHEREAS, the student's research has shown homeless teens experience higher rates of depression, drug addiction, low self-esteem, and school drop-out rates; and WHEREAS, the students hope to raise awareness of Teen Homelessness and raise money for the Open Hands Foundation, who operates a teen homeless shelter in Chanhassen; and WHEREAS, the Future Problem Solvers International uses a six -step problem solving model aligned with National Curriculum Standards, Common Core Standards, and the National Association for Gifted Children (NAGC) Standards; and WHEREAS, the state competition is April 9, 2016 in Lino Lakes, Minnesota; and WHEREAS, the students have asked the City of Mound to help them in their awareness campaign by proclaiming the month of April 2016 as "Teen Homelessness Awareness" month in the City of Mound. NIOVY, THEREFORE, BE 8T RESOLVED that the City Council of the City of Mound declares April, 2016, as Teen Homelessness Awareness Month. Adopted by the City Council this 23rd day of February, 2016. Attest: Catherine Pausche, Clerk Mark Wegscheid, Mayor -397- RESOLUMN NO. IS- RESOOLUTfCN PPROOVING P':(l�POOSED APPLIC TION F�1 W11011 16 it] P2/1IIM1 19 121 10EPI CC U� TY al T �PlZI JG �, E � TI© OO F SUi= F'EC PIES G� _ JT �I H EAr HES NEPI� CiU 1Y A��D �Nr" THIRD 'A'T' �G�:EE E`�T WHEREAS, the City of Mound, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Mound Housing and Redevelopment Authority has chosen Aeon as a development partner for Indian Knoll Manor Public Housing because of Aeon's successful experience financing, developing, rehabilitating, constructing, and owning similar projects; and WHEREAS, Aeon is applying for multiple competitive financing and grant opportunities to facilitate rehabilitation of Indian Knoll Manor; and WHEREAS, the City of Mound and its development partner Aeon have developed a proposal for the use of 2016 Urban Hennepin County Community Development Block Grant funds; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby approve the following project(s) for funding from the 2016 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Urban Hennepin County/Consolidated Pool as shown in Attachment A and made a part herein. Indian Knoll Manor Rehabilitation $385,000 BE If FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required third party agreement on behalf of the City to implement the 2016 Community Development Block Grant Program. Adopted by the City Council this 23rd day of February, 2016. Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk w O N 16.M E to a` OCO p C u � a� CL = a u3 r_ .1 C 0 O G O C 9 0 0 C uY 00 vi O S M O .c O 4 > m v v v CC = Q C O CL B r 0 u `o 0 E O @1 N CL O n Ln 0 N kD 'o c C 'N 7 O _ m w Cu c Y B 9 v v � a � c — m m v 3 00 N C N U al y a, E O t Ya m w � o C wc _O O % .L C L Q L OU C B o UD � � w m C c m � N c N > _ v Cj CJ a, < y Q ,O 0 O 3 4v E � E N O � V L w C L Ca0 M o 0 u v ai o` C dm .m., W N ,aN_+ M o c m p � � � c c ocn p m 0 N O m 7 L M B i] � r4 S' -399- Attachment A Page 1 of 5 a o " n Y LnC CO w > d'CU 0' c c > O O O c a a a a > V, d N aJ le z a n le m C a 3 m o' c 0 E 0 > Cl 00 E O NO CL w o O_y M u > E w oo N C m O O d 5 41 u a1 d � � L U M v y m m E a o H L, `a CU fl 7 '0 OD t `O aJ M 0 •E a c 0 v Q w Y o L cc A E Y _ w rto 0 .3 0 u + p Ym 3 O y Q c E m S H Cu O 0 c � t p C m UO t�o O. 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C~ 'O O o y\ w v N . 5 p u v n o s a s c m ° o r s-0 = v N M w L O G 01 00 Q Y 1_+ N L m Y = E E 3 01 C Y L O y h d t C f6 y OD OCO 7 Q L C L = O 3 U .` 01 C N o h L •C .D _c w v +' o m +N = (U 0_>i E L 0/ Y Cu ° O O Y Y N L C T a E 4pO v a op E a Y v m =° x u m $ = o •om o o 3 v d® vm > ow Y C C (ry m v 3 v O O 01 o mx y4-- C_ y 0/ c 4 d t C m o 40 U Y m L 00 ti ° C WC V V (O C 7 U 01 C f0 .G +'' 2 C C` V1 Y w N 0) C = d 01 m t w i' N -° — O 'x- Y O Q X O C 0° 1D C 01 O. CL C c o Co, aui m a c 0 o Ln a Q N J 2 fl_ N �' O 0) y �N, O C OD Y N 3 E d L o 0/ 0 c G. .. ^ m E G u wY-. C N E N L 7 3 C y t'' C 0X1 O m C H 0) UD •Q X O N 2 O a L 0 01 E C C > 01 C w L C F- u 2 L Q p Y l/1 4 m Q aL+ .5-- U In N 7 C C +' E E 3 j •L O CL i m r v ar t,. c d 9 .T R 0 _O 07 N r d d E M 10 y t d M C -403- 0 r £ 0 a o N y 0 � Executive Summary TO: Mound City Council and Staff FROM: Sarah Smith, Community Development Director Rita Trapp, Consulting City Planner DATE: February 17, 2016 SUBJECT. Planning Case No. 15-26 Expansion Permit for 5000 Tuxedo Boulevard The owner/applicant, Kim Rawleigh, has applied for an expansion permit to allow for a house remodel/addition project at her home located at 5000 Tuxedo Boulevard. The property is located on the west side of a road constructed in Brighton Commons that is accessed from Tuxedo Boulevard. The projects that require an expansion permit include construction of an upper story on the attached -garage portion of the house and construction of a new entry feature. The applicants are also constructing a conforming deck on the west/lakeside of the property for which a building permit has been issued. i' "viff (� C�� 1 551tJ1 2131 i 'iE I FAZI 9 The Planning Commission reviewed this case at their February 8, 2016 special meeting. Draft minutes from the meeting have been prepared for your review. The Planning Commission unanimously recommended approval of the expansion permit with conditions and findings as proposed by Staff. REC®MMENDATMN Given Staff and the Planning Commission recommendation for approval, a resolution has been prepared for your consideration. ADMTMNAL COMMENT As provided by Minnesota Statutes 15.99, Subd 3 (f), the City of Mound, on February 3, 2016, executed a 60 -day extension related to the required timeline for action on the application. With the extension, the new deadline for action on the application is on or around April 16, 2016. Im RESOLUTION NO. 16 - RESOLUTION APPROVING EXPANSION PERMIT FOR 500000 TUXEDO BOULEVARD PLAMMO CASE NO. 15-6 WHEREAS, the applicant, Kim Rawleigh, has applied for an expansion permit to allow for a house remodel/addition project at her home located at 5000 Tuxedo Boulevard; and WHEREAS, the property is located on the west side of a road constructed in Brighton Commons that is accessed from Tuxedo Boulevard. The projects that require an expansion permit include construction of an upper story on the attached -garage portion of the house and construction of a new entry feature. The applicants are also constructing a conforming deck on the west/lakeside of the property for which a building permit has been issued; and WHEREAS, the property is located in the R-1 single-family residential zoning district; and WHEREAS, City Code Section 129-40 (a) outlines the criteria for granting an expansion permit which is provided below: EM (1) the proposed expansion is a reasonable use of the property considering: a. function and aesthetics of the expansion. b. absence of adverse off-site impacts such as from traffic, noise, odors and dust. c. adequacy of off-street parking. (2) exceptional or extraordinary circumstances justifying the expansion are unique to the property and result from lot size or shape, topography, or other circumstances over which the owners of the property since enactment of this chapter have had no control. (3) the exceptional or extraordinary circumstances do not result from the actions of the applicant. (4) the expansion would not adversely affect or alter the essential character of the neighborhood. (5) the expansion requested is the minimum needed. -405- WHEREAS, details regarding the requested expansion permit for the proposed project are contained in Planning Report No. 15-26 and the submitted application and supporting materials from the applicant; and WHEREAS, Staff recommended approval of the expansion permit subject to conditions; and WHEREAS, the expansion permit request was reviewed by the Planning Commission at its February 6, 2016 special meeting; and WHEREAS, the Planning Commission unanimously voted to recommend Council approval of the expansion permit, as recommended by Staff; and WHEREAS, the City Council reviewed the expansion permit request at its February 23, 2016 meeting and determined that approval would allow the property to be used in a reasonable manner; and WHEREAS, the City Council's decision on the expansion permit application was made within the timelines included in Minnesota Statutes 15.99; and t',VHEREAS, in granting approval, the City Council makes the following findings of fact: 1. The criteria of City Code Section 129-40 (a) are being met. 2. Improvements to the residential use of this property are in keeping with how it is zoned and guided in the comprehensive plan. 3. The desire for additions to update the existing home and the construction of a new covered entry to the house are reasonable for a residential property. 4. The applicant is limited in where additions and modifications to the home can be made due to the 1954 placement and orientation of the home on the lot. 5. The additions are not going beyond the existing nonconforming front setback of 16 feet on the west side. HOW, THEREFORE, BE Iii RESOLVED that the City Council of the City of Bound does hereby incorporate and restate the recitals set forth above and approve the expansion permit for the property at 5000 Tuxedo Boulevard, as described in Exhibit A, with the following conditions: Applicant shall be responsible for payment of all costs associated with the land use request. 2. No future approval of any development plans and/or building permits is included as part of this action. 3. Applicant shall provide all required information upon submittal of the building permit application. 4. Impervious surface coverage shall be less than 40% of the site. Hardcover calculations will be verified as part of building permit process. 5. Applicant shall be responsible for procurement of any and/or all local or public agency permits including, but not limited to, the submittal of all required information prior to building permit issuance. 6. The applicant shall be responsible for recording the resolution with Hennepin County. The applicant is advised that the resolution will not be released for recording until all conditions have been met. 7. No building permit will be issued until evidence of recording of the resolution at Hennepin County is provided unless an escrow of sufficient amount is on file with the City. The applicant may also direct the City to record the resolution with the fees to be taken out of the escrow. 8. Effective September 1, 2011, new Minnehaha Creek Watershed District (MCWD) rules related to wetlands, floodplain, erosion control and others are in effect. These rules are now under the jurisdiction of the MCWD as regulatory authority and permitting was officially turned back to the District by the Mound City Council on August 23, 2011. Applicant is directed to contact the MCWD related to the new regulations and applicable permits that may be needed to undertake the proposed project. Evidence from the MCWD in the form of a permit or waiver must be provided before release of any future building permit. Adopted by the City Council this 23rd of February, 2016. Mark Wegscheid, Mayor Attest: Catherine Pausche, Clerk Exhibit A (legal description to be inserted) IRII-01 ® DEC -9 �� �' Elr�lr AHMOH PERNT Y,OF 2415 Wilshire Boulevard, Mound, MN 553 Phone 952-472-0600 FAX 952-472-0620 Appiioafion Fee and Escrow Deposit requirsd of Ums of appftaf n. n'AL Case No. Mease -type or a ftt tic�gM SUBJECT Address � 0 a�� 4 PROPERTY LEON Lot flock ®CSt�o Subdivision PID # L L �( ) Zonin R1A R2 R3 B1 62 63 Circle one PROPERTY nameg Email Y 1 O�Nf i r� gl / - �p Address ��I ��� (J (IF OTHER THAN OWNER) Phone Home c r� Fax Name !` E ail Address Phone Home. Work Fax 1. Hasan application been made for zoning, variance, conditional use permit, or other zoning procedure for this property?es , ) No ( ). if yes, list date(s) of application, action taken, resolution number(s) and provide copie of resolutions. �- f a 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): Expansion Permit information f l� L <�409- 4U (1/2/2015) Page 4 of 6 Case No. Fc. is-- ZI 3. Please complete the following information related to the property and building's conformity with the zoning regulations for the district in which it is located including the expansion permit request. SETBACKS: REQUIRED REQUESTED EXPANSION (or existing) Front Yard: (N S E W) ft. ft. ft. Side Yard: (N S E W) d ft. ft. ft. Side Yard: (N S E W) ft. ft. ft. Rear Yard: (N S E W) ft. ft. ft. Lakeside: (N S E W) ft. (NSEW) Street Frontage: ft. ft. ft. Lot Size: sq ft sq ft sq ft Hardcover: sq ft sq ft sq ft 4. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (�_), No ( ). If no, specify each non -conformity: 5. Are there exceptional or extraordinary circumstances justifying the expansion unique to the property such as lot size or shape, topography or other circumstances over which the owners of the property since enactment of this chapter have no control? Please check all that apply: ( ) too narrow ( ) topography () soil ( ) too small ( ) drainage () existing situation too shallow .)drainage shape () other: specify Please describe: Expansion Permit Information -410- (1/2/2015) Page 5 of 6 Case No. fC- 6. Were the exceptional or extraordinary circumstances described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes ( ), No ). If yes, explain: 7. Were the exceptional or extraordinary cicumstances created by any other person -made change, such as the relocation of a road? Yes ( ), No ( . If yes, explain: 8. Are the exceptional or extraordinary circumstances for which you request an expansion permit peculiar only to the property described in this petition? Yes ), No ( ). If no, list some other properties which are similarly affected? AV-- /S ekt-)-o OF - S Oows `r AE floe C'E S JOS �\O_T' SE—r aACV-, -S-,S' td RC1 SQ) j k� 5 �-iC u4_1, ®� SQL kO 1 + S E 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Ovvnerr°s sign Appliicant°s W ��' 6�ra�f�� Expansion Permit Information -411- (1/2/2015) Page 6 of 6 HARDCOVER CALCULATIONS A d nk ,�- (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDESS: OWNER'S NAME: LOT AREA f `'t ��' SQ. FT. X 30% _ (for all lots) ........... _ "- LOT AREA SQ. FT. X 40% = (for Lots of Record) ............................. Z� 7- Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 129-385 (se back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT HOUSE ti, t, I- X -'�`i." 2 1 I9. DETACHED BUILDINGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. ,�� •� DECKS Open decks (1/4" min. Opening between boards) with a pervious surface under are not counted as hardcover. TOTAL HOUSE ................................................. X = X TOTAL DETACHED BUILDINGS ............................... TOTAL DRIVEWAY, ETC ........................................ X = TOTAL DECK ................................................... x = x TOTALOTHER ............................................... TOTAL HARDCOVER / IMPERVIOUS SURFACE .............................................. UNDER / OVER (indicate difference)............................................................... PREPARED BY Revised 01/12/10 This information sheet only summarizes a portion of the requirements outlined in the City of Mound Zoning Ordinance. For further information, contact the City of Mound Planning Department at 952-472-0607. ene gal Zoning InfoFmvUon Shcet IR -1Zoning District — Sir & F mi y Re id-. ntid PRINCIPAL BUILDINGS — Lot Area, Lot Width, and Setback Requirements Minimum Lot Area..........................................................................10,000 Square Feet MinimumLot Width.........................................................................................60 Feet FrontYard Setback....................................................................................... 30 Feet SideYard Setback........................................................................................10 Feet RearYard Setback........................................................................................15 Feet MinimumLot Depth........................................................................................ 80 Feet Lakeshore / Ordinary High Water Setback..........................................................50 Feet Minimum Floor Area Requirement ........................................................840 Square Feet *Minimum lot frontage on an improved public street shall be 60 feet, except that lots fronting on a cul-de-sac shall be 60 feet at the front building setback line. Applicable side or rear yard setbacks apply to lot lines abutting fire lanes, alleys or unimproved street right-of-ways. Building Height. The vertical distance to be measured from the average grade of a building line to the top, to the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. No building hereafter erected shall exceed two and one half (2-1/2) stories or thirty-five (35) feet in height. LOTS OF RECORD, Special Provisions Corner Lots (City Code Section 129-197 (e Lot width Minimum side yard setback 40 - 50 feet 10 feet 50 — 80 feet 20 feet 81 feet or more 30 feet C;A V 0 irornenhc — The rormirari circa carri cathack chnII ha n minimum of 1n fast Lot width Minimum setback on 1 side yard 40 — 79 feet 6 feet 80 — 100 feet 8 feet 101 feet or more 10 feet Front Yard — Except as regulated in Section 129-197 (f) of the City Code, the front yard setback shall be based on the lot depth as follows: Lot deoth Minimum front yard setback 60 feet or less 20 feet 61 — 80 feet 24 feet 81 feet or more 30 feet rf I1AA `_413- HARDCOVER REQUIREMENTS Impervious surface coverage of lots shall not exceed 30 percent of the lot area. On existing lots of record, impervious coverage may be permitted by a maximum of 40 percent providing that techniques are utilized as identified in Section 129-385 (g)(2). Impervious cover is any surface impervious or resistant to the free flow of water or surface moisture, including all buildings, driveways and parking areas whether paved or not, tennis courts, sidewalks, patios and swimming pools. Open decks (1/4" minimum opening between boards) shall not be counted in impervious cover calculations. DETACHED ACCESSORY BUILDINGS (GARAGES/SHEDS) ® Lot Coverage and Setback Reguirements An accessory building shall be considered to be an integral pari of the principal structure unless it is five (5) feet or more from the principal structure or use and providing that the structure exceeds 120 square feet. 1. Area and Size Requirements (see hardcover requirements on page 1) A. Accessory buildings shall not exceed a total gross floor area of 3,000 square feet or 15% of the total lot area whichever is less. B. Each individual accessory building shall not exceed 1,200 square feet of gross floor area. C. The total number of accessory buildings for lots measuring 10,000 square feet or less shall be two (2). On lots exceeding 10,000 square feet, accessory buildings shall be limited to a total of three (3). 2. Front Yard Setback. All accessory buildings shall meet thte same front yard setback requirements as the principal building, except for lakeshore and through lots. For detached garages on a lakeshore or through lots, a minimum twenty (20) foot front yard setback is required if the garage door(s) open to the street; an eight (8) foot front yard setback is required if the garage door(s) open to the side lot line. 3. Side Yard Setback. A detached accessory building may be located within four (4) feet of the side lot line in the rear yard with a minimum of a six (6) foot setback in side yard location. On through and lakeshore lots, a detached accessory building may be located within four (4) feet of the side lot line in the front yard. Whenever a garage is designed with the doors facing a side lot line, the minimum distance between the doors and the side lot line shall be twenty (20) feet. 4. Rear Setback. A detached accessory building may be located within four (4) feet of the rear lot line. 5. Lakeshore Setback. Detached accessory buildings must maintain a 50 foot setback from the ordinary high water. DECKS See separate deck handout for more information. Front and Sides.....................................................Same as Accessory Building Setbacks Rear...........................................................................................................:..10 feet ELEVATION O11 rdinary High plater Flood Elevation Lowest Floor Elevation REQUIREMENTS LAKE MINNETONKA 929.4 MCWD 931.5 933 CITY 931 DUTCH LAKE 939.2 940 942 LAKE LANGDON 932.1 935 937 nn.1n -414- 130 May 26, 1987 RESOLUTION NO. 87- 102 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK FOR THAT PART OF LOT 1, WHIPPLE SHORES AND OF TRACT A, REGISTERED LAND SURVEY 1149, LYING NORTH OF A LINE RUNNING FROM A POINT IN WEST LINE OF SAID LOT 1 A DISTANCE 147 FEET NORTH FROM SOUTHWEST CORNER THEREOF TO THE SOUTHEAST CORNER OF SAID LOT 1: PID N0. 24-117-24 43 0029 (5000 TUXEDO BOULE- VARD); CASE NO. 87-635 WHEREAS, Mr. Howard H. Barrett, applicant, and John K. Kubik, owner of the property, have requested a variance to allow structural repairs and an addition of a second story to an existing basement dwelling with nonconforming setbacks to the front and rear yard; and WHEREAS, the City Code requires a 15 foot rear yard, a 20 foot front yard due to the *depth of the lot for lots of record, a 10 foot side yard and a 50 foot lakeshore setback from the ordinary high water elevation of 929.5 N.G.V.D. in the R-1 single family residential district; and WHEREAS, the property described has an existing setback from the struc- ture at the rear of 5.1 feet, a 10 foot side yard, and a 16.1 foot to the front yard abutting Brighton Commons, plus 50 foot setback to the ordinary high water elevation of 929.5 N.G.V.D. of Lake Minnetonka; and WHEREAS, the Planning Commission has reviewed this request and does recommend to the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby approve the variance to allow the second story and structural repairs to the structure with the existing 5.1 foot rear yard, 10 foot side yard upon the condition that the front yard 16.1 foot setback is not increased or intensified by a second story addition due to the shallowness and shape of the lot for that part of Lot 1, Whipple Shores and of Tract A, of Registered Land Survey 1149 lying north of a line running from a point in the west line of said Lot 1, a distance 147 feet north from southwest corner thereof to the southeast corner of said Lot 1; PID No. 24-117-24 43 0029 (5000 Tuxedo Boulevard). BE IT FURTHER RESOLVED, that the existing building is to be brought up to current Building Codes. The foregoing resolution was moved by Councilmember Abel and seconded by Councilmember Jensen. The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. M or Attest: City Clerk 4 -415- Op2-L OI=4-L OI�L�L 094EH011 1 SBVI�J 093QE BbOEHdlI =1ooal I�----------------- --------------- �a -m ----- o xtt Ul LL 00 II�111111WE x wV39 OPT -L 111!!�1111��1ii Tj IE�Il.lII111�� ' =1ooal I�----------------- --------------- �a -m ----- o xtt Ul LL OIq-L O"CHMI II�111111WE wV39 OPT -L 111!!�1111��1ii IE�Il.lII111�� ' W . C 9 O L ISEEM MEKIraFbiII! ® OIq-L O"CHMI wV39 OPT -L �g sk W C 9 - L ® LU 1 _ I U -416- - - OIq-L O"CHMI �g Ftt W C ']I -417- 6 4 LU cl d) -419- J D -420- �I n q35as conc. ca oM? Zlk Execaa&e Summary TO: Mound City Council and Staff FROM: Sarah Smith, Community Development Director Rita Trapp, Consulting City Planner DATE: February 17, 2016 SUBJECT: Planning Case No. 16-01 Expansion Permit for 4948 Edgewater Drive REQUEST SUM6 ARA The applicant, Kelly Josephson, has applied for an expansion permit to allow multiple improvements to the property at 4948 Edgewater Drive. The shoreland property is located on the north side of Edgewater Drive between Hickory Lane and Sandy Lane. The 9,234 square foot property has an existing home that was constructed in 1973. A non -conforming, two -car, detached garage is located 18.1 feet from the front property line. While an updated survey for the property was completed, it did not include a full topographic survey. The surveyor has noted that there are bluff conditions on the property through the center of the lot with the top of the bluff being located at the base of the concrete patio. Staff is requesting review of the project as it involves the construction of a third level to the home, a new entryway on the east side, an enclosed structure connecting the home and the garage, and a third stall on the garage. PLANNNG C©W viQMON REVG iff AND RECOMMENDATON The Planning Commission reviewed this case at their February 8, 2015 special meeting. Draft minutes from that meeting have been prepared for your review. The Planning Commission unanimously recommended approval of the expansion permit with the conditions and findings as proposed by Staff. REC®�1ii MENDAT`0H Given Staff and the Planning Commission recommendation for approval, a resolution has been prepared for your consideration. -422- RESOLUTION NO. 16 - RESOLUTION APPROVING EXPANSION PERMIT FOR 4948 EOCEWATER DRIVE PLANNING CASE NO. 16-01 WHEREAS, the applicant, Kelly Josephson, submitted a request for an expansion permit to allow for a house and garage remodel project; and WHEREAS, the property is located in the R -1A single-family residential zoning district; and WHEREAS S, the property includes a home that was constructed in 1973 and a detached non -conforming garage that is located 18.1 feet from the front property line; and WHEREAS, the surveyor has noted the presence of a bluff through the center of the property extending from the shoreline to the existing concrete patio; and WHEREAS, the applicant is proposing to construct a third level to the home, a new entryway on the east side, an enclosed connection between the home and garage, and a third stall on the garage; and WHEREAS, City Code Section 129-40 (a) outlines the criteria for granting an expansion permit which is provided below: (1) the proposed expansion is a reasonable use of the property considering: a. function and aesthetics of the expansion. b. absence of adverse off-site impacts such as from traffic, noise, odors and dust. c. adequacy of off-street parking. (2) exceptional or extraordinary circumstances justifying the expansion are unique to the property and result from lot size or shape, topography, or other circumstances over which the owners of the property since enactment of this chapter have had no control. (3) the exceptional or extraordinary circumstances do not result from the actions of the applicant. (4) the expansion would not adversely affect or alter the essential character of the neighborhood. (5) the expansion requested is the minimum needed. -423- and WHEREAS, details regarding the requested expansion permit for the proposed project are contained in Planning Report No. 16-01 and the submitted application and supporting materials from the applicant; and VAUHEREAS, Staff recommended approval of the expansion permit subject to conditions; and WHEREAS, the expansion permit request was reviewed by the Planning Commission at its February 6, 2016 special meeting; and WHEREAS, the Planning Commission unanimously voted to recommend Council approval of the expansion permit as recommended by Staff; and WHEREAS, the City Council reviewed the expansion permit request at its February 23, 2016 meeting and determined that approval would allow the property to be used in a reasonable manner; and WHEREAS, the City Council's decision on the expansion permit application was made within the timelines included in Minnesota Statutes 15.99; and WHEREAS, in granting approval, the City Council makes the following findings of fact: 1. The criteria of City Code Section 129-40 (a) are being met. 2. Improvements to the residential use of this property are in keeping with how it is zoned and guided in the comprehensive plan. 3. The desire for additional living space is reasonable for a residential property. 4. The bluff conditions and the existing location of the home and garage on the property limit where additional construction can take place on the property. NOW, THEREFORE, BE OT RESOLVED that the City Council of the City of Mound does hereby incorporate and restate the recitals set forth above and approve the expansion permit for the property at 4946 Edgewater Lane, as described in Exhibit A, with the following conditions: 1. Applicant shall be responsible for payment of all costs associated with the land use request. 2. No future approval of any development plans or building permits is included as part of this expansion permit approval. -424- 3. Applicant shall provide all required information upon submittal of the building permit application. 4. Impervious surface coverage shall be less than 40% of the site. Hardcover calculations will be verified as part of building permit process. 5. Applicant shall be responsible for procurement of all local or public agency permits including, but not limited to, the submittal of all required information for building permit issuance. 6. The applicant shall be responsible for recording the resolution with Hennepin County. The applicant is advised that the resolution will not be released for recording until all conditions have been met. 7. No building permit will be issued until evidence of recording of the resolution at Hennepin County is provided unless an escrow of sufficient amount is on file with the City. The applicant may also direct the City to record the resolution with the fees to be taken out of the escrow. 8. Effective September 1, 2011, new Minnehaha Creek Watershed District (MCWD) rules related to wetlands, floodplain, erosion control and others are in effect. These rules are now under the jurisdiction of the MCWD as regulatory authority and permitting was officially turned back to the District by the Mound City Council on August 23, 2011. Applicant is directed to contact the MCWD related to the new regulations and applicable permits that may be needed to undertake the proposed project. Evidence from the MCWD in the form of a permit or waiver must be provided before release of any future building permit. Adopted by the City Council this 23`d of February, 2016. Attest: Catherine Pausche, Clerk Mark Wegscheid, Mayor -425- MHUT1 E EXCERPTS My OUNND ADMOR Y PLAWNG COM�liN SMON FEBRUARY 8s 2015 Chair Penner called the meeting to order at 7:00 pm. �� ��T. l� Fc.�7yFylCC]E��II�T�`T�![3D/�\►!I=[�ll�� City Manager Eric Hoversten administered the oath to David Goode and thanked the commissioner for his service. Members present: Chair Cindy Penner; Commissioners Jason Baker, David Goode, Doug Gawtry, Bill Stone, and Jennifer Peterson. Members absent: Jeffrey Bergquist, Jameson Smieja, and Pete Wiechert. Staff present: Community Development Director Sarah Smith, Consultant Planner Rita Trapp, City Manager Eric Hoversten, and Secretary Jill Norlander. Members of the public: Kim Rawleigh (5000 Tuxedo Blvd), Tom Grazzini (Apple Valley), Roger Fink (St. Cloud), Kelly Josephson (4948 Edgewater Dr), Jason Parks (Big Lake), Paul Huber (1801 Commerce Blvd) Planning Case No. 16-01 Expansion Permit 4948 Edgewater Drive Applicant: Jason Parks (for owner Kelly Josephson) Trapp introduced the request. The applicant has applied for an expansion permit to allow multiple improvements to the property: a third level to the home, an addition to connect the house to the garage, a new entryway, and addition of a third stall to the garage. The expansion permit is needed because of the non -conforming garage setback, bluff conditions on the lake side, and the complexity of the project. Staff is recommending approval and offers findings of fact as outlined in the planning report. Kelly Josephson, 4948 Edgewater Drive, showed photographs to demonstrate what the project would look like and how difficult access is currently. A big part of the project is making visiting easier for his elderly parents. The plan is to install an elevator at a later date. All additions are within the setbacks. Jason Parks, Big Lake, MN, added that, to make it conform, the garage plan has been pushed back two feet to be sure it conforms to the 20 -foot street -side setback. There is a full set of engineering drawings and the building official has been consulted. MOTION by Stone, second by Goode, to recommend approval with conditions 1-8 and findings of fact 1-4. IVI®T0N passed unanimously. -426- PLANNING REPORT TO: FROM: DAT[: PLANNING CASE NO. SUBJECT: APPLICANT: LOCATION: MEETING DATE: COMPREHENSIVE PLAN: ZONING: Planning Commission Rita Trapp, Planning Consultant Sarah Smith, Community Development Director January 28, 2016 16-01 Expansion Permit Kelly Josephson 4948 Edgewater Drive (PID No. February 2, 2016 Low Density Residential R -1A Single Family Residential 13-117-24-41-0015) BACKGROUND The applicant, Kelly Josephson, has applied for an expansion permit to allow multiple improvements to her property at 4948 Edgewater Drive. The shoreland property is located on the north side of Edgewater Drive between Hickory Lane and Sandy Lane. The 9,234 square foot property has an existing home that was constructed in 1973. A non -conforming, two -car, detached garage is located 18.1 feet from the front property line. Staff is requesting review of the project as it involves the construction of a third level to the home, a new entryway on the east side, a breezeway connecting the home and the garage, and the construction of a third stall on the garage. REVIEW PROCEDURE City Code Section 129-40 (a) states that an expansion permit for a nonconforming structure may be granted to provide relief to the landowner where the application of the City Code imposes practical difficulties. In determining whether practical difficulties exist, the City Council shall evaluate the following criteria: (1) the proposed expansion is a reasonable use of the property considering: a. function and aesthetics of the expansion. b. absence of adverse off-site impacts such as from traffic, noise, odors and dust. c. adequacy of off-street parking. -427- (2) exceptional or extraordinary circumstances justifying the expansion are unique to the property and result from lot size or shape, topography, or other circumstances over which the owners of the property since enactment of this chapter have had no control. (3) the exceptional or extraordinary circumstances do not result from the actions of the applicant. (4) the expansion would not adversely affect or alter the essential character of the neighborhood. (5) the expansion requested is the minimum needed. 60 -DAY PROCESS Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to approve or deny the land use request unless an extension is executed by the City in accordance with state rules. Minnesota Statutes 645.15 sets forth the procedures for determining "Day 1" for the purpose of application of the 60 -day rule and was determined to be January 9, 2016 NC)TIFICATION Abutting property owners per Hennepin County tax records, were sent written notice on January 27, 2016 to inform them of the request and that it was being included on the Tuesday, February 2, 2016 Planning Commission meeting agenda for review and recommendation. SITE INF®RMAT0ON The 9,234 square foot shoreland property has an existing home that was constructed in 1973, as well as a non -conforming, two -car detached garage that is located 18.1 feet from the front property line. While an updated survey for the property was completed, it did not include a full topographic survey. The surveyor has noted that there are bluff conditions on the property through the center of the lot with the top of the bluff being located at the base of the concrete patio. The applicant is proposing the following improvements to the property: 1) The construction of a third level to the home within the existing footprint. This will be approximately 26.5 feet wide by 36.4 long for a total of 964.6 square feet. 2) The construction of an addition connecting the home and garage. This addition will be 26.5 feet in width and 23 feet long for a total of 609.5 square feet. At its closest point the structure will be 6.4 feet from the west property line and 12 feet from the east property line. 3) The construction of an enclosed entryway on the east side of the home. This addition will meet the required 6 foot side yard setback. It will be 6 feet wide and 18 feet long for a total of 108 square feet. 4) The construction of a third stall to the garage. The stall will be 8.33 feet wide by 18.08 feet deep for a total of 151 square feet. The addition will be 6 feet from the west property line at its closest point. STAFF/CONSULTANT/AGENCY (REVIEW Copies of the request and supporting materials were forwarded to all City departments for review and comment. Members are advised that some comments received during review have been addressed and are, therefore, not included in this report. See additional comments provided below: Dan Faulkner, City Engineer Roof drainage must be controlled on site and not directed onto adjacent properties. A right of entry will likely be needed from the adjacent property owners in order for a contractor to make these improvements. Contractor will need to provide a bond to assure the replacement of any damaged curb/apron within the City's ROW. Scott Qualle, Building Official Application states "attach new 3rd floor on home to garage with 23' free span addition." This seems inconsistent with the other documentation. If it is just a breezeway, I have no issues, but if they are doing something similar to the above description, we may need different documentation. !Vote: Applicant was suggested to be in contact with the Building Official with regard to the proposed project related to building permit. Emily Herman, LMCD Thank you for communicating with the LMCD relative to the proposed LMCD expansion of 4948 Edgewater Drive. In reviewing the material, the Lake Minnetonka Conservation District (LMCD) did not note a proposed change to the shoreline measurement that would affect the watercraft storage and docking needs for this site. Therefore, the LMCD does not have comments to add to this proposal. Should matters change in which the shoreline measurement is altered, watercraft storage and respective docking structures would be subject to LCMD Code and the LMCD would be happy to provide comments for such. Melissa Manderschied, City Attorney The applicant needs to meet the requirements of Section 129-40 of the city code. Each application is evaluated on its merits on a case-by-case basis. The applicant should provide additional information about what is intended to be constructed between the house and the garage. The terms "free span" and "breezeway" are used in the request but seem inconsistent with what is being proposed in the elevations. Heidi Quinn, MCWD After review of proposed garage and residential addition at 4948 Edgewater Drive, MCWD Staff have determined that no MCWD permit are required at this time. m Greg Pederson, Bound Fire Chief There are not Fire Code or Life Safety concerns with this project. DISCUSSION o An expansion permit is needed given the non -conforming garage setback, bluff conditions on the lakeside, and the complexity of the project. The proposed hardcover calculations provided by the applicant indicate that the hardcover will be 86 square feet under the 40% limit. Verification will occur as part of the building permit process. STAFF REC®M6if ENDAT0ON Staff recommends that the Planning Commission recommend that the City Council approve the expansion permit for this site subject to the following conditions: 1. Applicant shall be responsible for payment of all costs associated with the land use request. 2. No future approval of any development plans and/or building permits is included as part of this action. 3. Applicant shall provide all required information upon submittal of the building permit application. 4. Impervious surface coverage shall be less than 40% of the site. Hardcover calculations will be verified as part of building permit process. 5. Applicant shall be responsible for procurement of any and/or all local or public agency permits including, but not limited to, the submittal of all required information prior to building permit issuance. 6. The applicant shall be responsible for recording the resolution with Hennepin County. The applicant is advised that the resolution will not be released for recording until all conditions have been met. 7. No building permit will be issued until evidence of recording of the resolution at Hennepin County is provided unless an escrow of sufficient amount is on file with the City. The applicant may also direct the City to record the resolution with the fees to be taken out of the escrow. 8. Effective September 1, 2011, new Minnehaha Creek Watershed District (MCWD) rules related to wetlands, floodplain, erosion control and others are in effect. These rules are now under the jurisdiction of the MCWD as regulatory authority and permitting was officially turned back to the District by the Mound City Council on August 23, 2011. -430- Applicant is directed to contact the MCWD related to the new regulations and applicable permits that may be needed to undertake the proposed project. Evidence from the MCWD in the form of a permit or waiver must be provided before release of any future building permit. In recommending Staff approval, the following findings of fact are offered: 1. The criteria of City Code Section 129-40 (a) are being met. 2. Improvements to the residential use of this property are in keeping with how it is zoned and guided in the comprehensive plan. 3. The desire for additional living space is reasonable for a residential property. 4. The bluff conditions and the existing location of the home and garage on the property limit where additional construction can take place on the property. MY COUNCIL REVVEW In the event a recommendation is received from the Planning Commission, it will be forwarded to the City Council for action at an upcoming meeting. At this time, possible meeting dates include February 9, 2016 and February 23, 2016. nAAk Cum- 2415 Wiishlre Boulevard, Mohd, MN 553 Phone 952-472-0600 FAX 952-472-0620 JAN - 8 2016 EXPANSION PERMIT APPLICATION Application Fee and Escrow Deposit required at time of application. Case No. " D Please type or print to ion SUBJECT Address �� % . �'i fiG'� a r$,V% �� �yII✓_� 3��/ PROPERTY4'Ilen.S�.11r4ck� LEGAL Lot DESC. Subdivision PID # Zoning: R1 RIA R2 R3 81 B2 B3 (cirde one) PROPERTY Name �f �' Email �s� :,r%'! ` �(-�G` -------- r-� 3 OWNER Address Phone Home '1�717AIVork Fax APPLICANT (IF OTHER THAN OWNER) Name Address Email Phone Home Work Fax 7 . Hasan application ever been made fortis lisgdate s) of application, use action takenpresolutionr other nnumpbe�um for this property? Yes ( ) No OC). Y and provide copies of resolutions. 2. Detailed s 'ption of proposed construction or alteration (size, number of stories, type of use, etc.): 17e iv � , � I J/Ir •y i�S P, � . G i`/� '03 �i r �4Ti1 h� fd `i+G�e i/'6�1 .— 0fgps�,�flnit' Expansion Permit Information ' :l (1/212015) Page 4.;of6 4� t � � ek p—ij-4 -432- Case No. ILI 3. Please complete the following information related to the property and building's conformity with the zoning regulations for the district in which it is located including the expansion permit request. SETSACKS: REQUIRED REQUESTED EXPANSION (or existing) Front Yard: ( WAIVE W) go ft. % 01 ft. ft. Side Yard: { N S E ) ft. ft. ft. Side Yard: ( N S(OW) o ft. fl. Rear Yard: (N S E W) ft. Lakeside: ((@S E W ) ft, ft. ft. ( N S E W) ft. ft. , ft. Street Frontage: -----._ ft. ft. ft. Lot Size: sq ft sq ft sq ft Hardcover: sq ft r, l0 7 sq ft sq ft 4. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (X), No ( ). If no, specify each non -conformity: 5. Are there exceptional or extraordinary circumstances justifying the expansion unique to the property such as lot size or shape, topography or other circumstances over which the owners of the property since enactment of this chapter have no control? Please check all that apply: ( ) too narrow { ) too small ( ) too shallow Please describe: t' Let /I 17,e Expansion Permit Information (I 2015) Page 5 of 6 ( ) topography () drainage () shape t f , 3 la,Jl -433- { ) soil �} existing situation ( ) other: specify F / r� ilii— i/ i nab �, iJ1�5 AZe Case No. ! (0--L- 6. Were the exceptional or extraordinary circumstances described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes ( ), No (}�. If yes, explain: 7. Were the exceptional or extraordinary circumstances created by any other person -made change, such as the relocation of a road? Yes ( ), No W). If yes, explain: 8. Are the exceptional or extraordinary circumstances for which you request an expansion permit peculiar only to the property described in this petition? Yes ( ), No If no, list some other properties which are similarly affected? (� g q � ! "4� �l l a/' . 1;�� r ` inxf e dri ' Ca�rr�cj e' 1 9. Comments: Sr�. ll,, re A. , of �I c-1 �.G� C.-C'�"et I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that 1 have read all of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices .as may be required by law. owners Applicant`s Expansion Permit information (Iw2ol5) Page 6 of 6 MR13 Date Date Z_��"'_ OF LOT 18, SKARP & LINUOUIS11' S HAVLNSVVOUIJ HENNEPIN COUNTY, MINNESOTA HARRISONS BAY LAKE MINNETONKA 929.4 CONTOUR--, LINE (O.H.W.) co N 89" 15' 31 50-00 tf'J t IM Llf POW rljr.s to"R rAxx ry ,ATH SET ON PRDKRIY Ltt,--W 'cnn 0=1019* 18 z CONCWIE� PA TPL) O0O 0 DECK Wcm *Alt. 0 co..... 1 1. C,4 EXISTING :!:E HOUSE Erra.F M. LEGAL DESCRIPTION OF PREMISE: )f4948 -A Lot 18, Block, 1, SKA,RP AND --_j LINDQUIST' 5 RAVENSWOOD tcc0 2&5 �j ;b- o : denotes ircr marker set o denotes fror mn4.-�r found CDC (908.3) denotes existing spot elevotion, mean sea level do.turn FUTURE Bearings shown are based upon re'yp $EXISTING 3AFZAGE ADDMOtpi GARAGE 9 an assumed datum. This survey intends to show It boundaries of the abase desc:&ibPd1 property, the location of an C'/ 1 .ting ons, and �ele -vat: QLAQKTOP hc�vse, $evercil spat DRIVEWAY all .Isible "hardcover" therpor- It -does not purport to show any ctf improvo-r-neRts or encroachme-•jf,- 50.00 V- x L-4 /90poS 89015' 19" W 0 EDGEWATER DRIVE 10. 12 1,: W107 rt.CVATIDN�_ XTkW-t Tp S -V -- GRONBERG AND -43-r-'-" ':- 6f)- that w6s prepo-ed b,, rri�, this p1m, --;PecifiC0"i0r1, Or I'MOrt or ue-Kj,�-, rr�, fbrenf fii4)er6sion, 11:A -1c it =20' ASSOCIATES CONSULTING ENGINEER INC. LAND 6n4 tNt i Qrr. p dwry jovs Of tme Stott cf Licenl,,-d 10� " d under 'he Mjnnes�,t r, it 3-9-15 V_.TE: THIS LINE %" LLS UNDER 0 LATH SET PROPERTY HARRISONS BAY LAKE MINNETONKA 929.4 CONTOUR,,, LINE (O.H.W.)� 0o N 890 15' 31 " I+ ti E C° 50.00 =Es �•. —SURVEY ' 60ULDLRS LINE w d p (\ tl BOULDERS C a O O ° 1D J O N -P XJ 30JLDERSr 000t - 1 (9 � CON:3RETF � PATIO a( rltinl D:CF: 12.0 WOOD WAL (sas,s> 11.4... 36.5 cn m N EXISTING #4948 N 26.5 I 1• • t, .CA � (956.2) M LEGAL DESCRIPTION Of Lot 18, Block 1, SKAF O LINDQUIST' S R�%VENSW N o denotes iron mar v denotes iron mar CONC. day (gpB,3) denotes existing 3 (966.6) (967.3) •.... mean sec level 20.6 EX STING N Becr ings shown are b( an assumed dctim. GARAGE ,` 4 20.6 This survey intends tc (974.3) boundaries of he abo -436 property, the I -)cation B! ACKTOP house, several spot el f DRIVEWAY all visible "hardcover" r ,f MW so BUIL A0 HEIGHT CALCUUMC HOW-TO FORUI Per Mound City Code, Section 129-2, building height and building line are defined as follows: Wilding Haight. The vertical distance to be measured from the average grade of a b ll I e to the top, to the cornice of a fiat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. BullLin. A line parallel to the street right-of-way or the ordinary high water l level at any story level of a building and representing the minimum distance which all or any part of the building Is set back from said right -of way line or ordinary high water level. 1 Describe the type of roof style proposed: t' ` ` ' (Le. pitched, flat, shed roof, etc.) 2. Provide the average grade elevation of the building line facing the street: -7-7,4 , based on proposed grades referenced on submitted survey. 3. Provide the average grade elevation of the building line facing the rear of the lot or lake: > based on proposed grades referenced on submitted survey. 4. Provide the average grade elevation of the building flne(s): 5. Provide the height of the proposed structure as measured from the lowest � grade elevation to highest point of structure: 01 u S. Frog Ido tho propocad (height of the vtructuro teased on the definition of building height refs mncod above: 7--7 ( The applicant (or designated representative) must provide written and graphic documentation to confirm that the proposed height of the new structure, based on the Zoning Ordinance definition, meets the height regulations of the applicable zoning district. Graphics document munt b© vc&-1c4 to allow for checking by Staff. i -437- LU b V - of 3 lU J LEFT LEVAtTIc INS- CEEILIN Q 'TOP OF TOP OF -F R [,, G iL,-,—jb'T E L E V/ All T [OKM 2) (20P GH1 T ELEV/A8'\T, [ONP Memarrandum TO. Honorable Mayor and City Council FROM- Sarah Smith, Community Development Director DATE- February 18, 2016 SUWIEC : Planning Case No. 15-25 Appeal to the Board of Adjustment of Appeals from Justin Rock for Property Located at 4730 Galway Road At its February 9, 2016 meeting, the City Council, acting in its capacity as the Board of Adjustment and Appeals, held a hearing for review of an appeals request, submitted by Justin Rock, related to the lot orientation of the property at 4730 Galway Road. As was directed at the February 9,2016 meeting, Staff has prepared the attached resolution affirming the Community Development Director's determination of the lot orientation for the property at 4730 Galway Road and denying the appellant's appeal for consideration. MEN CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION AFFIRMING THE COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION OF THE LOT ORIENTATION FOR THE PROPERTY AT 4730 GALWAY ROAD AND DENYING APPELLANT'S APPEAL WHEREAS, the appellant, Justin Rock, on November 6, 2015, submitted a request to the Board of Adjustment and Appeals, as provided in City Code Section 129-32, appealing the Community Development Director's orientation determination of the "front" of the lot and the setback assignments for a proposed, new single-family home to be constructed at 4730 Galway Road (the "subject property") that result from that orientation determination and sought a determination that the west side (or, in the alternative, the east side) of the subject property be considered the front, which is attached and set forth in Exhibit A and incorporated herein by reference; and WHEREAS, the appellant's request was reviewed and processed pursuant to City Code Section 129-32; and WHEREAS, City Code Section 129-32 requires that each appeal to the Board of Adjustment and Appeals be first reviewed by the Planning Commission; and WHEREAS, as set forth in City Code Section 129-32, the Board of Adjustment and Appeals is the City Council; and WHEREAS, the appellant was represented by legal counsel (Ryan Simatic) who submitted written information and materials dated January 4, 2016, which were provided to the Planning Commission and Board of Adjustment and Appeals in advance of their respective reviews of the appeal and are attached and set forth in Exhibit B and incorporated herein by reference; and WHEREAS, the Community Development Director's lot orientation determination that the front of the subject property is the south side abutting Galway Road was set forth in the Planning Report dated December 30, 2015, attached and set forth in Exhibit C and incorporated herein by reference, and included the following findings of fact: 1. The property owner's driveway access to the property is being constructed in Galway Road. 2. The subject property does not have frontage on the west side as Shannon Lane does not extend through Galway Road at the intersection. 3. The Public Lands Permit approved for the subject property provides for access from the Galway Road street end (improved) in the right of way and over Galway Road unimproved (north half). -443- 4. The abutting house to the west of the subject property (4738 Galway Road) fronts opened and improved Galway Road. 5. City Code Section 129-7 allows the "lot line, front" to be designated by the Community Development Director based on the practical front yard of the property as determined by such factors as the existing or proposed building configuration of the property and by taking into consideration the characteristics of the subject property. 6. No surrounding properties in the vicinity are accessed from unopened and unimproved Excelsior Lane. This area contains wetland and floodplain conditions, is shoreline open/green space, and the shoreline is included in the City's dock program. 7. Abutting rear backyards are a traditional characteristic of residential development patterns. The subject property's rear backyard abuts the backyards of the properties at 4731 Carlow Road and 4739 Carlow Road. 8. There are examples of similar orientation and alignment nearby including properties at 4704 Cavan Road, 4731 Carlow Road, 2543 Tyrone Lane, and 4731 Kildare Road. WHEREAS, Minnesota Statutes Section 645.15 sets forth the procedures for determining Day 1 for application of the 60 -day rule for land use applications in accordance with Minnesota Statutes Section 15.99 and was determined to be November 7, 2016. Therefore, the City's original deadline for action on the submitted appeals request was or before January 6, 2016, unless an extension is executed by the City of (Mound as provided by Minnesota Statutes Section 15.99. The City of Mound, on December 29, 2015, executed a 60 -day extension for action on the appeals request and the new deadline for action is on or before (March 7, 2016; and WHEREAS, the appeal was considered by the Planning Commission at its January 5, 2016 meeting wherein the Planning Commission heard testimony from the appellant and his legal counsel, the Community Development Director, the City's planning consultant, and the general public, and then discussed the appeal; and WHEREAS, based on its review, the Planning Commission voted five (5) in favor and two (2) opposed, to affirm the Community Development Director's determination that the front of the lot is the south side abutting Galway Road, and Planning Commission's recommendation, the minutes of which are attached and set forth in Exhibit D and incorporated herein by reference, was forwarded to the City Council, in its capacity as the Board of Adjustment and Appeals; and WHEREAS, the appeal was heard by the City Council, in its capacity as the Board of Adjustment and Appeals, at its February 9, 2016 meeting wherein testimony was offered by the appellant and his legal counsel and the Community Development Director, and the general public was provided the opportunity to testify. 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DL €tom✓ E! �3 CC) GB�h v d-) aalsys,��n�„ }"tLn � f=oab�i Lsa v� 0 g z MAFi5PM0M REV15100 DATE P T SCALE- VP - r -O' PFFD ilf E FLOOR PIANS -� 2 6JI53 Council, in its capacity as the Board of Adjustment and Appeals, discussed the appeal and thereafter unanimously voted in favor of a motion to wholly affirm the Community Development Director's determination that the front of the subject property abuts unopened Galway Road for the reasons set forth in the December 30, 2015 Planning Report and directed Staff to prepare a resolution consistent with that motion for adoption at the following regular meeting of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota acting in its capacity as the Board of Adjustment and Appeals, denies the appellant's appeal and wholly affirm the Community Development Director's determination of the lot orientation that the south side abutting Galway Road is the front of the subject property located at 4730 Galway Road based on the findings set forth in the December 30, 2015 Planning Report and the findings of fact stated during the February 9, 2016 hearing, both of which are set forth below: 1. The property owner's driveway access to the property is being constructed in Galway Road. 2. The subject property does not have frontage on the west side as Shannon Lane does not extend through Galway Road at the intersection. 3. The Public Lands Permit approved for the subject property provides for access from the Galway Road street end (improved) in the right of way and over Galway Road unimproved (north half). 4. The abutting house to the west of the subject property (4738 Galway Road) fronts opened and improved Galway Road. 5. City Code Section 129-7 allows the "lot line, front" to be designated by the Community Development Director based on the practical front yard of the property as determined by such factors as the existing or proposed building configuration of the property and by taking into consideration the characteristics of the subject property. 6. No surrounding properties in the vicinity are accessed from unopened and unimproved Excelsior Lane. This area contains wetland and floodplain conditions, is shoreline open/green space, and the shoreline is included in the City's dock program. 7. Abutting rear backyards are a traditional characteristic of residential development patterns. The subject property's rear backyard abuts the backyards of the properties at 4731 Carlow Road and 4739 Carlow Road. 8. There are examples of similar orientation and alignment nearby including properties at 4704 Cavan Road, 4731 Carlow Road, 2543 Tyrone Lane, and 4731 Kildare Road. 9. The front orientation of the subject property was evaluated previously by the City in 2014 and determined to be on the south side abutting Galway Road during the City's approval of a public lands permit and variance applications as submitted by the appellant. NOW, THEREFORE, BE �T FURTHER RESOLVED by the City Council of the City of Mound, Minnesota acting in its capacity as the Board of Adjustment and Appeals, as follows: 1. The recitals set forth in this Resolution and the supporting exhibits described herein are incorporated into and made a part of this Resolution. 2. The Mayor and City Manager, staff, and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. 3. This Resolution is for the subject property legally described as: Lots 15, 16, 17, & 16, Block 15, SETOV, Hennepin County, Minnesota. Adopted by the City Council this 23rd day of February, 2016. Attest: Catherine Pausche, City Clerk 1 Mayor Mark Wegscheid Exhibit A To: City of Mound November 6, 2015 Justin Rock 4730 Galway Road I would like to formally appeal the recently determine orientation of 4730 Galway Road. I believe the orientation was deemed incorrectly and does not adhere to the City of Mound zoning rules and regulations. When the orientation was deemed in October of 2014, there were two different ways of viewing the front lot line. Currently the front line is considered the South lot line. I am appealing this decision in order to change the front line to the West property line. I believe there is more evidence to determine the front lot line the West versus the South lot line. Below are the following reasons why this should have been orientated differently. p 129:29 o RIA requirements o The minimum lot Width: 40 o The minimum lot Depth: 80 129:6 o Lot de.pth means the mean horizontal distance between the front lot line and the rear lot line of a lot. ® 129:7 o Lot width means the maximum horizontal distance between the side lot lines of a lot measured at the setback line. Since the lot was determined as the front line being the south lotline, the lot now does not meet the minimum dellth requirements for a 111A lot. The intent of the regulation is to have the width shorter than the depth. 4730 Galway should have been deemed similar to this intent. • 129:6 o Lot means a parcel of land, abutting on a public street or having legal access to a public street being a lot designated in a recorded plat or a division, or being a parcel of record of sufficient size to provide the yards required by this chapter. -447- The lot does not have improved road frontage, but with the public land permit granted in October of 2014, the lot now has legal access. Legal access is from the improved road on the West lot line. 129:7 0 Lot line, front. means that boundary of a lot which abuts an existing or dedicated public street. In the case of a corner lot it shall be the shortest dimension on a public street or as otherwise designated by the Community Development Director based on the practical front dimensions of a corner lot are equal, the front line shall be designarea by the owner and filed with the city. For purpose of this chapter, a lot shall have only one front setback The practical front yard should be determined by the access point, front door, and house layout which all orientate towards the West The surrounding Lakeshore lots have deep lots with the width of the lot being the shorter side, similar to the lot in question. A variance approved October 2014 would not have been needed if this lot were orientated in a manner where the front lot line was determined to be the west line. This would have been the eliminated the need for undue hardship placed on this lot. When the front of the lot was deemed incorrectly in 2014, this 70' wide lot was restricted to a building width of 35'. This is the definition of "Regulatory Taking" and will be pursued as such. "This occurs when the governing authority restricts development of property to its highest and best use, or development of any kind is entirely restricted because of regulations imposed on a property owner when they attempt to obtain building permits or zoning changes." The lot has been restricted more then all surrounding properties in this neighborhood. I look forward to a favorable resolution to this incorrect orientation and a smooth process in completing the building application. Sincerely, Justin Rock 4730 Galway Road IHM `� aayvi viyn f'Iwm{7 tpq w m 402. d ® xo a �m� ami QN O a-Q4p�j� U M. 1 � 1 1 e 1 �9psnou m td Q I � ° ° yr. VALV ... W a oQ S- L / ,' I 1 �¢ Q; w J z O 0 SILL � 11Y60pL®y��i11N/pNONL 1ar n lia3Y a lLL 4MirtlYLL,nvw,.'" w q', .qa. ��'r t� uiau�vo 4 . r. "J eW-94-0ZS s�iWraava ao aawvixmp f "f ` r a96E�K o ,u " ` 5 '6 alta M1R ' mIl a pg 1 0f g� g�� Ig6 z "a €�� iB6E:"�aeie5i o rz ip 6p � ��� 00?� �6fl6I€6 c --X00--• Exhibit B PkEBIERSDORF & ASSOCIATES Aff 150 SOUTH FIFTH STREET. SUITE 3100 MINNEAPOLIS, MINNESOTA 55402 W W W.CONDEMNATION-LAW.COM PHONE (612) 339.7242 FAX (612) 3390585 January 4, 2016 To: City of Mound, Planning Commission (Board of Adjustment & Appeals) From: Ryan Simatic, as attorney for Justin Rock Case No.: 15-25 Re: Orientation of 4730 Galway Road; building permit for 4730 Galway Road SUMMARY This appeal involves the orientation of a lakefront lot at 4730 Galway Road, at the corner of Galway Road and Shannon Lane (the "subject property"). The Community Development Director ("CDD") has determined the front of the subject property should be its southern lot line. The owner, Mr. Justin Rock ("Rock") contends that the CDD has incorrectly determined the orientation of the subject property and that the correct orientation should be with the front on the west side. The subject property is approximately 11, 133 square feet (or approximately one- quarter acre). The subject property's western and eastern boundaries (lot lines) are approximately 70 feet. The subject property's northern and southern boundaries are approximately 160 feet. The subject property is currently undeveloped. The subject property was originally platted in 1913 as part of the "Seton" subdivision plat. In 1979, the City approved a request to create a parcel out of lots 15,16,17, and 18 in the Seton plat. Rock and the CDD agree that the subject property is a lot of record, as defined in the City Code. As originally drawn, the plat was never completely developed. As it passes the subject property, Galway Road is dedicated, but undeveloped. The subject property also has frontage on Excelsior Lane, which is also undeveloped. Excelsior Lane passes the subject property before turning into a public commons area, used as part of the LICENSED IN AND PROVIDING ONGOING SERVICE IN THE FOLLOWING STATES: COLORADO • 1'LORIaA • GEORGIA • IDAHO • ILLINOIS -452 -IA IOWA • MICHIGAN • MINNESOTA • NEW YORK OHIO • OKLAHOMA • OREGON • PENNSVLVANIA • SOUTH CAROLINA • TEXAS • VIRGINIA ' WASHINGTON • WISCONSIN City's dock program. According to City agents, the City has no plans to develop either undeveloped Galway or Excelsior. The subject property has no frontage on an improved public street. Previously, the landowner immediately to the north of the subject property (the "Seller") also owned the subject property. The Seller sold the subject property to Rock in 2014. When Rock purchased the subject property, the purchase agreement contained no private restrictions on the development of the subject property. Although the Seller could have obtained such restrictions if there was any uncertainty regarding development of the property, the Seller did not (presumably to maximize the value of the subject property). According to the CDD", before the sale, the City had never previously determined the orientation of the property. At some point after Seller accepted Rock's purchase agreement, the CDD determined that the subject property's orientation was the southern lot line as the front. Recently, Rock submitted a building application to develop a single-family home on the subject. The CDD deemed the building permit application incomplete. The CDD based her "Incomplete"' determination on alleged noncompliance with applicable RIA setbacks. But if the subject property was correctly oriented, the proposed home would comply with all RIA setbacks. Contrary to the memo that the CDD submitted to the Commission, applicant (Mr. Rock) does not want review of the CDD's determined development setbacks. If Commission correctly sets the orientation of the subject property, Rock does not require any deviation from standard setbacks in the RIA zoning district. The correct orientation of the subject property Is for the front to be the west (or alternatively, the east). This appeal follows. DISCUSSION Rock wants the orientation of the property to be correctly set (or reset) to have the front of the lot as the west (or alternatively as the east). The following factors support orienting the property to front the west (or east): (1) as a corner lot, the shorter dimension is the default front, which is the east; (2) as a lakefront home, the practical rear yard faces the lake; (3) orienting the property to front the west conforms the property to the required minimum lot depth; (4) orienting the property to front the west alleviates the need for any variances; -453- (5) orienting the property to the west alleviates any undue hardships on the property; (6) because the access to the property arguably comes off of Shannon Lane, it is reasonable to set the front parallel with Shannon Lane. (7) Traditional lakefront development supports having the rear of the property facing the lake; (8) the City has accommodated similar orientations in the immediate vicinity of the property. Each of these reasons will be discussed in turn. 1. Because the property is a corner lot, its front must be the shortest dimension on a public street, which is the east side. A front lot line is one that abuts a dedicated public street. City Code § 129-2. In our case, the subject property abuts two dedicated public streets, thus making it a corner lot. Because the subject property is a corner lot, City Code dictates that the "shortest dimension" "shall' be the front lot line. The shortest dimension of the subject property on this corner is on Excelsior lane, on the east side of the property. So, the default front of the property should be on the east side, on Excelsior Lane. If both Galway and Excelsior were fully improved, this would be the natural front of the property. 2. Because the proposed building is a lakefront home with its rear (east) facing the lake, the west side should be the front. Although the default orientation of a corner lot would be the east side, the zoning ordinance also gives the CDD discretion to designate the front based on the "practical' front yard of the property. City Code § 129-2. As a practical matter, nearly every home that is built on Lake Minnetonka (or any lake in Minnesota) has the rear of the property as the lake. The CDD agrees that the property is lakefront, presumably because the lot lines of the subject property run into Black Lake. To orient the property as is typical and practical in every Minnesota lake community, the west side should be the front. Moreover, the proposed building uses the west side as the front. If the CDD is going to deviate from the default for corner lots, the zoning code instructs the CDD on factors to consider in determining the front. Specifically, the code instructs the CDD to consider the "proposed building configuration." City Code § 129-2. The proposed building configuration uses the west side as the front. -454- Ignoring this factor, the CDD considers only the second factor specified in deviating from standard corner lot frontage, namely, consideration of the characteristics of the surrounding properties. But the surrounding properties support the west side being the front as much or more so than the CDD's preferred south side. The properties immediately to the south of the subject property all front Shannon Lane. All of these properties similar have their rear to Black Lake. In the home Rock proposes, the subject's improvements would face in an identical direction to this row of properties and also have its rear facing Black Lake. The fact that the subject improvements would face the house at 4738 Galway is inconsequential. In fact, with the west side as the front, there would be more space between the subject and that property due to the front yard and driveway. The fact that the side of the proposed home would abut the rear of the Seller's property is similar inconsequential. The Seller had no reasonable expectation of what development on the property would look like because the Seller imposed no private restrictions on development in the contract for sale and the orientation of the property was apparently undetermined at the time Seller accepted Rock's offer. Moreover, catering to the wishes of the Seller is not a valid factor on which to rely to enforce the zoning ordinance, and would place arbitrary importance on the alignment of one property, when every other factor supports a west (or east) front. 3. Because of the dimensions of the subject property and required lot depths, the property must be oriented to have the east or west side as the front. The subject property is zoned 111A, single family residential. In an 111A district, the minimum lot width is 40 feet and the minimum lot depth is 80 feet. Lot depth is the distance between the front line and the rear line. City Code § 129-2. Lot width is the distance between the side lot lines. City Code § 129-2. The subject property is approximately 70 feet on the east and west sides by 160 feet on the north and south sides. Because the property has a 70 -foot axis, there are only two possible orientations that will satisfy minimum lot depths. To satisfy minimum lot depths, either the west side must be the front or the east side must be the front. The Community Development Director suggests that the south lot line should be the front. If the south line is the front, the property has a depth of only 70 feet. So, it would not satisfy the requirements for lot depth. If one orientation results in nonconformity, while the other is in harmony with the zoning ordinance, the orientation in harmony with the zoning ordinance should govern. Although the CDD has stated that establishing the orientation in non- conformance to the code is allowable because of its status as a lot of record, no such provision exists In the zoning ordinance. -455- 4. If the east side is not the front, because a west -facing front allows a front yard of a size suitable to City code, the west side should be the front. In the RIA district, the front yard setback is 20 feet and the rear yard setback is 15 feet. If these setbacks were applied to the subject, that would leave an unreasonable 35 feet of developable space. The home would look like a boxcar. To alleviate some of this boxcar look, the City previously approved a variance allowing Rock to develop in what would otherwise be his front yard. But wouldn't the more prudent course of action to be to orient the property such that there is an appropriately sized front yard? If the subject property were oriented correctly, the proposed home would easily accommodate the 20 -foot front yard requirement. Again, there is no reason to orient the property such that the orientation results in objectively unreasonable development area and the need for variances. S. Because orienting the property to have the south side as the front results in undue hardships to build on the lot, that orientation should not govern. If the southern lot line is the front (and even with the front yard variance), the required setbacks will be such that it will limit development on the parcel to a size far below a normal house size. The proposed home is approximately 2300 square feet. While already smaller than most new development (and most lakefront development in the area), the house size is consistent with much of the older development in Mound. With the southern line as the front, even with a variance the home will be reduced by hundreds of square feet, resulting in a loss of value of tens of thousands of dollars. Quite simply, no one builds homes less than 2000 feet anywhere in the area because no one wants them. There is no compelling reason to impose this undue hardship on this property when the orientation of the property was never previously determined. 6. Because the lot does not have frontage on a public street, its access point or driveway are not determinative of its orientation. The CDD states that, because the access comes off of Galway, the front must also be on Galway. If the property had frontage on a public street, we would not be here today. If Galway and Excelsior were both improved, Excelsior would be the front (this is also the front based on the typical corner lot practice in the zoning code). But since the subject does not have this frontage, looking to its access point is not similarly determinative. Moreover, while the access certainly does come across unimproved Galway, it comes off of improved Shannon lane, which is perpendicular to Galway. Saying that the orientation must -456- be south because the access comes through Galway is completely arbitrary because the access also comes off Shannon. The driveway will come in off Shannon (or Galway, depending on which street is which at a corner) and curve to the left over unimproved Galway and into the subject garage. The "access" argument, such that it could ever be singularly determinative, could thus just as easily dictate a west front to correspond with Shannon. 7. "Traditional" development patterns are inapplicable to the subject property because, by its nature as a lakefront lot on two undeveloped streets, platted 100 years ago, it is unique and must be dealt with uniquely. Assuming that the CDD is correct that abutting backyards are a "traditional characteristic" of residential development, that is irrelevant because nothing about this property or neighborhood is traditional. First, as discussed above, if it is traditional to have abutting backyards, it is equally traditional in Minnesota for lakefront homes to have their rear face the lake. Rock's proposed home adheres to traditional residential development in Minnesota as much — or more so — than a home fronting an unimproved street. Second, the subject parcel was cobbled together over 35 years ago from 4 lots in a plat that was over 100 years old. The subject property is also on two undeveloped roads. This is not a traditional lot and it must be dealt with creatively and practically. It cannot be set as a matter of an arbitrary tradition because it is not traditional. 8. The City has accommodated similar orientations on nearby properties, so it should also do so with this property. The CDD has noted that there are homes in the area that are similarly situated to her preferred alignment. But there are also homes in the area that support the correct alignment, i.e. with the front facing west. 4621 Kildare Road is a few hundred yards from the subject property. That house allegedly has minimal frontage on Kildare. But the front of the home does not face Kildare. Instead, the front of that home faces the side of the neighboring home, and the rear faces Black Lake. This Is the identical orientation the subject would have if the west were set as the front. Approximately one-half mile away at 4416 Dorchester, there is another lakefront home with a similarly unique orientation. The property has no frontage on a public street. Instead, the owner accesses the property via a shared driveway that comes in perpendicular to Dorchester at the intersection of Dorchester and Island Drive. The "front" of the house does not front on either Dorchester or Island Drive. Instead, it faces the side of the neighboring house, which has -457- its frontage on Dorchester. If the subject property had its front as the west side, the orientation, including driveway access, would be almost identical. CONCLUSION The CDD's orientation (south) boils down to three things: access, typical practice, and the orientation of similar properties. But access is not determinative and not a factor to consider in deviating from the default practice for corner lots. Typical practice for lakefront parcels is the have the rear of the home face the lake. Indeed, all the properties on Shannon Lane have rears facing the lake, and several properties nearby have unique orientations to do the same. Moreover, orienting the property to front the west is consistent with required lot depths and front yard setbacks. The CDD's orientation is an arbitrary decision that does not support any goals for Mound as whole. The orientation should set with the west as the front. Respectfully Submitted, an Simatic Attorney for Justin Rock Exhibit C PLANNING REPORT TO.- Planning Commission FROM: Sarah Smith, community Development Director DATE. December 30, 2015 Board of Adjustment and Appeals SUBJECT: Appeal Request - LOCATION: 4730 Galway Road CASE NO: 15-25 PID NO., 19-117-23-23-0139 APPLICANT: Justin Rock COMPREHENSIVE (PLAN: Low Density Residential R -1A Single Family Residential 2oNING: SUMMARY The Planning Commission will review anappeals ovember 6, 2015, for the property at 4730 Galway Code Sec. 129-32, that was submitted o Development Director's setback assignments for Road. iAr. Rock is appealing the Community a proposed, new single-family home to be constructed on the subject property, including the determination of the "front" of the lot. A building permit was also submitted but not processed because the proposed project was not in compliance with the approved setbacks. The appeals request seeks a determination that the west side should be considered the front as the property has access to a public street following public lands permit approval that allowed construction of a driveway access for a new home based on the definition of "Lot" as contained in City Code Sec. 129 -2 which is defined as: "Lot means a parcel of land, abutting on a public street or having legal access to a public street, ff. being. o lot designated in a recorded plat or a division, or being a parcel of retard of sufficient size to provide the yards required by this chapter." The appeals request also states the west side should be considered the front as the entry for the proposed new house faces west. PR®CESS City Code Sec. 129-32 includes the regulations related to Appeals to the Hoard of Adjustment and Appeals. The excerpts are provided below: Sec. f129 -y2. Appeals to the board of adjustment and appeals. (a) The board of appeals and adjustments shall be the City Council. The Planning Commission shall hear and advise the City Council of its findings and determinations. (b) The board of adjustment and appeals shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcing the chapter. such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of a town, municipality, county or store. (c) The conditions for the issuance of a variance are as indicated in section 1.29-39. No use variances (a use different from that permitted in the district) shall be issued by the board of adjustment and appeals. (d) Heorings of the board of adjustment and appeals shall be held within such time and upon such notice to interested parties as is provided in its adopted rules forthe transaction of its business. The board shall, within a reasonable time, make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney. (e) The board of adjustment and appeals may reverse or affirm wholly or partly or modify the order, requirement, decision, or determination as in its opinion ought to be made to the premises and to that end shall have all the powers of the officerfrom whom the appeal was taken BACKGROUND The City Council, at its October 26, 2014 meeting, approved a Public Lands Permit, subject to conditions, to allow construction of a driveway across the north one-half of unopened Galway Road and other related improvements, including but not limited to, utility services. The City Council also approved variances, subject to conditions, for lack of improved frontage and to allow a reduced front setback for a proposed new house to be constructed on the subject lot. A copy of the resolutions that granted Public Lands Permit and variance approval are included as attachments. 60 -DAY TIMELiNE Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to approve or deny the land use request unless an extension is executed by the City in accordance with state lave. Minnesota Statutes Section 645.15 sets forth the procedures for determining "Day 1 for application of the 60 -day rule for land use applications in accordance with Minnesota Statutes Section 15.99 and was determined to be November 7, 2016. 'therefore, the City's deadline for action on the submitted appeals request is or before January 6, 2016 unless an extension is executed by the City of Mound as provided by Minnesota Statutes Section 15.99. Members are advised that the City of Mound, on December 29, 2015, executed a 60 -day extension for action on the appeals request. With the extension, the City's new deadline is March 7, 2016. Building permits are not subject to requirements in Minnesota Statutes Section 15.99. NOTiFICAT90N Property owners abutting the subject site, per Hennepin County tax records, were mailed an informational letter on December 29, 2015 to inform them of the appeals request. The informational letter was also mailed to the property owners located on the south side of unopened Galway Road. DISCUSSION Site Conditions. The subject property, which is approximately 11,133 square feet, is undeveloped and abuts unopened Galway Road on the south side and unopened Excelsior Lane on the east side. Excelsior Lane extends to Lake Minnetonka and is the location for several dock sites which are part of the City's dock program. The property contains varied terrain. A wetland was previously determined to be located In Excelsior Lane but outside of the subject property. There are single-family homes located on the north and west sides of the property and there is also a home located on the south side of unimproved Galway Road. According to the Seton plat, the name of the road is "Galway Lane" but was renamed and is commonly known as "Galway Road." Additionally, according the Seton plat, the road platted behind the subject property is "Excelsior Road." However, the north -south portion from Wilshire Boulevard to Carlow Road was renamed to "Excelsior Lane" and the east -west portion was renamed "Carlow Road" from Excelsior Road to the lake. Lot of Record. The original plat called " Seton" was approved in 1913 and established Lots 4, 5, 6, 15, 16, 17, and 1B of Block 15, as lots of record. File information shows that in 1979, the City approved by Resolution No. 79-226, a waiver of the subdivision requirements in order to establish two separate parcels: one of which consists of Lots 4, 5, and 6 of Block 15 (4739 Carlow Road) and the other that consists of Lots 15, 16, 17, and 18 of Block 15 (4730 Galway Road / subject property). There is no evidence that this action had the effect or intent of altering the underlying lot of record status for either parcel as defined by City Code Sec. 129-2. -461- Based on City Code Sec. 129-2, Community Development Director determination Is that the subject property is a lot of record which is defined as: Lot of record means part of a subdivision, the plat of which has been recorded in the office of the register of deeds or registrar of titles; or a parcel of land, the deed to which was recorded in the office of said register of deeds or registrar of titles, in accordance with subdivision regulations and zoning ordinances of the city in effect at the time of said conveyance. City Code Sec. 129-5 includes the regulations for existing lots of record. The excerpts are provided below: sec. 129-6. i;rsisting lots of record. A lot of record in a residential district may be used for residential dwelling purposes provided: (1) The area thereof meets all setback and minimum lot area requirements of this chapter. In the shoreland management area, all single-family detached lots shall have a minimum lot area of 5,000 square feet in the R -IA and R-2 districts and 10,000 square feet in the R-1 district, while all two-family and twin homes in the R-2 district shall be located on lots having a minimum area of 14, 000 square feet. (2) it has frontage on an improved public right-of-way. (3) it was under separate ownership from abutting lands upon or prior to the effective date of the ordinance from which this chapter is derived. As stated above, Section 129-6 allows existing lots of records to be developed if certain criteria are met. Variance approval was needed for the construction of a new home on the subject property because it lacked frontage on an improved street and the proposed front setback did not meet the required 207foot principal structure setback. Variances forother dimensional requirements such as lot depth were not needed because only lot area and setbacks are required by City Code Sec. 129-6. Setback AnaksOs south. City Code Sec. 129-2 defines "Lot line, front ITI Lot line, front, means that boundary of a lot which abuts an existing or dedicated public street. In the case of a corner lot it shall be the shortest dimension on a public street or as otherwise designated by the Community Development Director based on the practical front yard of the property as determined by such factors as the existing or proposed building configuration of the property and taking into consideration the characteristics of the surrounding properties. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the city. For purpose of this chapter, a lot shall have only one front setback. Based on City Code Sec. 129-6, Community Development Director determination is that unopened Galway Road is the "front" for the purpose of assigning setbacks to the subject parcel. A 20 -foot minimum front setback is required for the subject property. North, City Code Sec . 129-2 defines "Lot line, rear": Lot line, rear, means that boundary of a lot that Is opposite the front lot line. if the rear line is less than ten feet in length, or if the lot forms a point at the rear, rhe rear lot line shall be a line 20 feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Based on City Code Sec. 129-2, Community Development Director determination is that the north line is the rear of the property as it is opposite the front. Therefore, a 15 -foot minimum rear yard setback is required on the subject property. East City Code Sec. 129.4 defines "Lot line, side" as: Lot line, side means any boundary of a lot that is not a front lot line or a rear lot line. The required side setback for a principal structure is 6 feet for a lot of record. Per City Code Sec. 129-385 (d), the lakeshore setback requirement is SO feet from the Ordinary High Water Mark 'oormation from feet the surveyorfrom confirmed . For Lake Minnetonka, the HWM is 929.4. Previous the subject property does not contain a bluff. City Code Sec. 129-197 (k) states as follows: In residential districts, unimproved street frontages having a width exceeding 15 feet, shall be considered side yards or rear yards, as appropriate. The minimum side setback shall be ten feet. City Code Sec. 1.29-5 (b) states that the most restrictive (setback) requirement shall apply. Community Development Director determination is that the setback to be applied on the east side, as it is most restrictive, is the requirement contained in City Code Sec. 129-197 (k). Therefore, a 10 -foot setback is required on the east side of the subject property abutting unopened Excelsior Lane. West. City Code Sec. 129.4 defines "Lot line, side" as: Lot line, side means any boundary of a lot that is not a front lot line or a rear lot line. The required side setback for a principal structure is 6 feet for a lot of record. Based on City Code Sec. 129-4, Community Development Director determination is that a 6 - foot setback is required on the west side of the subject property Members are advised that If the west side was deemed to be the "front" for the purpose of assigning setbacks to the subject property, the following setbacks would be required: West: 20 feet East: 10 feet South: 10 feet North 6 feet CONCLUSION Based on review of the code sections, characteristics and practical consideration of the site, Community Development Director determination is that the front of the subject property is deemed to be the south side abutting Galway Road based on the following findings of fact: 1. The property owner's driveway access to the property is being constructed in Galway Road. 2. The subject property does not have frontage on the west side as Shannon Lane does not extend through Galway Road at the intersection. 3. The Public Lands Permit approved for the subject property provides for access from the Galway Road street end (improved) in the right of way and over Galway Road unimproved (north half). 4. The abutting house to the west at 4733 Galway Road fronts opened and improved Galway Road. 5. City Code Sec. 129-7 allows the "lot line, front" to be designated by the Community Development Director based on the practical front yard of the property as determined by such factors as the existing or proposed building configuration of the property and taking into consideration the characteristics of the subject properties. - 6. No surrounding properties in the vicinity are accessed from unopened and unimproved Excelsior Lane. This area contains wetland and floodplain conditions and is the shoreline open/green space and the shoreline is included in the City's dock programs. 7. Abutting backyards are a traditional ar) backyardfc of residential abut the backyardsofthe patterns. The subject property's properties at 4731 Carlow Road and 4739 Carlow Road. ncluding g. There are examples of similar orientation Carlow Road, 2543 Tyrone Lane and 4731 properties at 4704 Cavan , Kildare Road, CITY COUNCIL R[EVffW The City Council, acting as the Board of App ��� Sec. nd d129-32. At his t met, will hear t possible meeting dates ing at an upcoming meeting as provided by City dates are Tuesday, January 26, 2016 or Tuesday, February 9, 2016. ATTACHMENTS eats request 1, Letter dated November 6, 2016 from Justin Rock - app 2. Survey dated August daie615 d October (revisedOctober29, 2015) 3. (2) elevation drawings 4. Copy of Seton plat 5. Copy of Resolution No. 14-91 tapproving va Public sfor 4730 Galway Road L Lands permit for property at 4730 6. Copy of Resolution No. 14-92 pp Galway Road am Exhibit D MINUTES MOOD ADVISORY PLANNING COMMISSION JANUARY 5, 2016 Chair Penner called the meeting to order at 7:00 pm.. City Manager Eric Hoversten administered the oath to Pete Wiechert and thanked the commissioners for their service. ROLL CALL Members present: Chair Cindy Penner; Commissioners Jason Baker, Jeffrey Bergquist, Doug Gawtry, Jameson Smieja, Bill Stone, and Pete Wiechert. Members absent: Jennifer Peterson and David Goode. Staff present: Community Development Director Sarah Smith, Consultant Planner Rita Trapp, City Attorney Melissa Manderschied, City Manager Eric Hoversten, and Secretary Jill Norlander. Members of the public: Connie Meyer (4731 Carlow Rd), Laura Mattioli and Justin Rock (7647 Mariner Pt, Maple Grove), Ryan Simatic (500 E Grant St #1605), Brian Nelson (2020 Tyrone La), Cory Muller (2640 Shannon La), Councilman Ray Salazar (4559 Island View Dr) gpPR®VAI ®E MFETING AGENDA MOTION by Smieja, second by Gawtry, to approve the agenda and amendments. MOTION carried unanimously. _ T, MOT0?4 by Stone, second by Wiechert, to approve the December 1, 2015 meeting minutes as written. MOTION carried unanimously. Planna ng Case NM 1545 Board) of Adjustments and AppeaN Request 4730 Galytfay Road AppftEnt-- Justin Rock Sarah Smith, Community Development Director (CDD), introduced the appeals request by providing the following background information as follows: A review of previous requests and actions as they relate to the history of the parcel; * The previously approved setbacks and definitions according to the code; o Staff determined that the front lot line is along Galway Road (south) with a required setback of 20 feet the rear lot line is opposite the front (north) with a required setback m of 15 feet, the west lot line is a side having a 6 -foot setback, and the east lot line is a side having a setback of 50 feet from the ordinary high water mark or 10 feet from the lot line (whichever is more restrictive). Mr. Rock is requesting that the west lot line be designated the front; and Smith evaluated the west lot line as not qualifying to be a front because it does not abut a road. If the east or west is front, the Galway Road setback would be 10 feet, not the 6 feet as proposed by the applicant. Smith also pointed out the elevation drawings on pages 16 and 17 in the packet and explained which drawing faces which direction. A timeline for City Council action was discussed. Smith referred to the supplemental information that was submitted and previously forwarded to the commission by email. Ryan Simatic, 500 E Grant #1605, Minneapolis, Mr. Rock's attorney, explained why an attorney was involved when the staff had been so helpful. He stated that there was a simple disagreement on property orientation and that they are requesting that the west lot line be designated the front. If Excelsior and Galway were improved they probably would not be here. Whatever decision is made should be based on sound planning practices and past practices of the commission. This is a normal, rectangular lot. The only way the lot would conform to code required lot depths is if the west line is designated front. Code allows the Community Development Director (CDD) to assign a practical orientation for a corner lot. The rear facing the lake is the practical application. Shannon Lane has all their homes with the rear facing the lake. Mr. Simatic noted that the previous variance addressed the front setback along Galway. If west is front there is plenty of room for a front yard. Also there is the consideration of the front door, a factor that the CDD should consider when determining the front of the property. Mr. Simatic further stated that there are properties in the vicinity of this property that support the west line as front. The home at 4621 Kildare Road is essentially the same thing as this situation. Another home on Dorchester Road has a similar alignment. Mr. Simatic stated that it was previously determined that the access comes off of Galway Road but also Shannon Lane. It doesn't really matter which way it goes. This is a unique property that requires a unique solution. All these things are not things pulled out of a hat. They exist in the city code. Decisions should not be based on the appeasement of 1 ort people. We request the west side be established as the front because that is the correct, practical, and traditional orientation for this type of property. Smith responds a Lot depth is not a requirement for the lot of record provision. Mr, Simatic is correct that definition of lot line gives the CDD discretion. Setbacks don't determine how houses are oriented. West front entry faces the west lot line but the west lot line does not abut a public street. Shannon Lane terminates at the southern edge of Galway. It does not extend through. -467- For the example properties, Smith noted that the Kildare Road property front is abutting Kildare Road. This is what planners call a "flag lot." The only part of that lot that is front is what abuts Kildare Road. Also, the area along the lake is not platted right-of-way; it's platted as commons. The Dorchester Road parcel is a public alley encumbered by an easement for street purposes. Both parcels on either side of the alley are owned by the same person. o The Carlow Road property to the north has very similar characteristics. That lot orients to Carlow Road, which is improved. The road to the east is platted but not unimproved. Stone asked, if west side is front, would Galway Road be 6 feet or 10 feet. Smith indicated that it functions as a side so the minimum would be 10 feet. The north side would be 6 feet. Baker asked if the west was established as front would a variance be needed. Smith said that there would still be a variance needed for lack of minimum frontage. The variance that was granted was for lack of minimum frontage on the south. Smieja asked if an appeal is the appropriate process for this. City Attorney Manderschied said that, in her opinion, an appeal is the appropriate process. Pursuant to the City Code, any challenge to interpretation of zoning code should be addressed as an appeal. The existing variance was approved by the council. If anything, as a result of this appeal, the council could rescind the existing variance and record the rescission resolution on the property and replace it with something else that reflects the then current situation. Smieja asked if the current situation would include a variance for the south side or would another process then be required. Manderschied replied that she should have said that the relevant setbacks would flow from the orientation determination. Then, any setback variations would have to be addressed at that time. Simatic indicated that they agreed with staff that the current variance could be rescinded. A 4 - foot variance could be required if needed in the future. Connie Meyer, 4731 Carlow Road, was the previous owner on the north side of the subject lot. They feel that the 2300 SF house is large. Except for the doorway that faces west side, the home does not face the west. Shannon doesn't extend. They can't call it a corner. The Meyers helped them through the first variance and public lands permit. They are against the changes that have come forth. She reviewed the process history and related that they didn't close until Mr. Rock had the approvals that he wanted. Discussion Gawtry doesn't see a problem with the west being front. Penner requested that Smith read the 129-2 for definition of "lot line, front". Simatec stated that, since there is no road, there is no front. That was the purpose of the required public lands permit, to get there. This is not in harmony with, or in the spirit of, the code. Code allows for when there are these types of conditions. Smith clarified the language as "existing or dedicated" public street. Shannon Lane does not extend far enough, it's all Galway Lane. Smith corrected page 11 east setback to 15 feet. Simatec indicated that there are 2 dedicated public right of ways; Galway and Excelsior. It comes down to the discretion of the CDD. Excelsior is not the practical front. We need to look at the practical. Stone thought that the orientation of the lot should front the west side and the rear the east or lake side. That would be similar to the orientation of other lots in the neighborhood. if Shannon were hypothetically extended, the west side would be closest to the road. Bergquist disagrees. He would agree with staff and call the south side the front. Gawtry stated that all other lots on Shannon Lane are oriented with the west as front. Penner suggested that, even if the front door faces Shannon, it may have been planned differently. Smieja confirmed that we don't know how the determination was made. Rita Trapp, planning consultant for the city, brought up that the rear is opposite front but there are plenty of examples throughout the city where the lake becomes the side. A typical lot is street in front, lake in back. This is not typical. Practical access is the key. House orientation is not set by code and does not determine front. Smieja agreed and said that there are lots of examples in Mound where the layout of the house may not be the front of the lot. Galway should be deemed the front. We could deem it a corner at the discretion of the CDD but there is no perceived access on Excelsior. City Code 129-6 gives a definition for a corner lot at a point of deflection but he doesn't see any error in staff's determination of Galway Road as front. He's in support of staff recommendation for those reasons and his interpretation of the code. Stone asked about the definition of width and depth of the lot. Squarefootage is there but there is the definition of frontage, width, and depth. Smieja thought there was no clear specification that depth and width be met. This lot does not meet that definition because it doesn't abut an improved street. The variance and public lands permit allows them to build on this lot. m Justin Rock, owner of 4730 Galway Road, doesn't see the advantage for the city to approve a variance rather than orient the lot so that it meets city code requirements. Smieja said that the CDD has discretion to make a determination and does so based on the submitted building plan at that time. Initially the proposal of the house isn't what we have today. Smith read an excerpt from city code 129-6 — lot of record definition — existing platted lots can be developed as a lot of record subject to these requirements. In the definition neither width nor depth are mentioned. Laura Mattioli, 7647 Mariner Point, Maple Grove, states that the lot was deemed buildable even though it has no improved road. Either way you look at it, it doesn't have an improved road. The lot conforms more if the east was front. The point of access shouldn't determine the front and back. Front as east makes it less restrictive and more conforming. Gawtry thinks that Excelsior should be the front and the driveway coming in the back of the house. It's a dedicated right of way. The front door doesn't have to face the front. The garage doesn't have to face front. Bergquist replied that we've been working on this for over a year and all of a sudden Galway isn't going to be the front? Gawtry said orienting the front on Excelsior would get rid of the other variance. Penner restated that Bergquist's point was that Galway was always the front. Gawtry thought that previously the CDD said Galway was going to be front. Rotate it. It's not hurting anyone. Smith said that the CDD analysis is that Galway is the practical front. Mr. Rock's property doesn't have frontage on Shannon and the east side isn't functioning as a road. Rock summarized the process and acknowledged that this has been a long, expensive battle. The vacation was supported by the former mayor. He has submitted an official plan. He's not building a mansion. He feels that he's respecting views and using the land fairly. Bergquist asked Rock to explain what he was trying to gain? Rock wants the setbacks on the north and south to be 6 feet and the west as front. He never heard that the south would be 10 if the west was front. Smith clarified that, in the planning report for the north half vacation, the south side setback was determined to be 6 feet as Staff's review was that the setback should be considered the same as for an alley not exceeding 15 feet. Because Galway Lane is an unimproved road that exceeds 15 feet, the setback, per code, is 10 feet since the vacation for the north half of Galway Lane was not approved. Connie Meyer said that, initially, the north setback was 15 feet. Now we are losing our view and they are also closer to the lake than originally planned. MOTION by Stone, second by Gawtry, to recommend west side be deemed as front. MOTION failed. Stone and Gawtry for; Penner, Baker, Bergquist, Smieja, and Wiechert against. LOTION by Gawtry, second by Stone, to recommend east side be deemed as front. MOTION failed. Stone and Gawtry for; Penner, Baker, Bergquist, Smieja, and Wiechert against. MOTION by Smieja, second by Bergquist, to recommend that the south side be maintained as the front per the determination of the CDD with findings of fact 1-8. MOTION passed. Penner, Baker, Bergquist, Smieja, and Wiechert for; Stone and Gawtry against. Gawtry felt that both sides have their own valid points and he is falling on the side of the property owner. Stone stated that the width and depth of property lends itself to the west or east side being front and conforms to more properties in the neighborhood. -471- BO LTON 8 M E—= N K Consulting Engineers & Surveyors " 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com February 17, 2016 Ms. Catherine Pausche, Director of Finance City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2015 Lift Station Improvement Project City Project No. PW -15-04 Pay Request No. 3 Dear Ms. Pausche: NC® Please find enclosed Pay Request No. 3 from Pember Companies, Inc. for work completed on the 2015 Lift Station Improvement Project from November 19, 2015 through February 12, 2016. The contractor has completed all contract items except for some site grading and cleanup which will be completed this spring. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $20,162.17 to Pember Companies, Inc. Sincerely, BOLTON & MEND, INC. Daniel L. Faulkner, P.E. - - _ -.City_ Engineer cc: Eric Hoversten, City Manager/Director of Public Works -472- DATE: 2/16/2016 CONTRACTOR'S PAY REQUEST NO. 3 CONTRACTOR Pember Companies, Inc 2015 Llit Station Improvements OWNER City of Mound City Project No. PW -15-04 ENGINEER Bolton & Menk SMI PROJECT NO. C12.108075 FOR WORK COMPLETED FROM 11/19/2015 THROUGH 2/12/2016 TOTALAMOUNT BID .......................................... ...... .......... ........ ..... ........ ............................. ............ I.... ......... .......... $ 134,050.0D APPROVED CHANGE ORDERS + EXTRA WORK. ...................................................................................... $ 7,691.58 CURRENTCONTRACT AMOUNT........................................................................................................I... $ 141,741.58 TOTAL, COMPLETED WORK TO DATE..................................................................................................................... $ 1473417.01 TOTAL, STORED MATERIALS TO DATE................................................................................................................. $ DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED................................................................. $ - TOTAL, COMPLETED WORK & STORED MATERIALS............................................................................................. $ 147,417.01 RETAINEDPERCENTAGE ( 5.0% )............. ....... ............. .............. ... .................... ..... I ... I"....." ....... ...... $ 7,370.85 TOTALAMOUNT OF OTHER DEDUCTIONS ............ ...................... ....... ............... .... ............... I ....... I... ... I .............. . $ - NET AMOUNT DUE TO CONTRACTOR TO DATE ..................... ................. ....... ........... .............. ..... I ....................... .. $ 140,046.16 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES ...... ........................................................... . .............. I ............... . $ 119,883.99 PAYCONTRACTOR AS ESTIMATE NO.3............................................................................................................... $ 20,162.17 Certificate for Payment I hereby certify that, to the best of my knowledge and belief, all Items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing Is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor: Pember Companles, Inc. N 4449 469th Street Menomonie, WI 54751 Name / Title Dale CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: - - SOLTON-& ME INC. ,-ENGlNEERS,2638 SHADOW -LN' SUITE200, CHASKA-MN-55318_, By nl -L F PROJECT ENGINEER Daniel L. Faulkner Date All e APPROVED FOR PAYMENT: Owner: CITY OF MOUND By Name Title Date -473- BO 1_TON 8L NA r-= N K If Consulting Engineers & Surveyors " 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com February 17, 2016 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 1 NC® RE: 2016 Street, Utility and Retaining Wall Improvements City Project Nos. PW -16-01, PW -16-02, PW -16-03 Final Plans and Specifications — Bartlett Blvd., Tuxedo Blvd. Phase II, Cypress/Maywood Dear Mayor and City Council Members: The 2016 street, utility and retaining wall improvement project plans and specifications have been completed. We are requesting approval of these plans in order to move ahead with the project as presented at the public'improvement hearings on November 24, 2015 for all three project areas and on January 26, 2016, the continued Hearing for Tuxedo Boulevard. Included in the plans is the designation of Doone Park, east of Donald Drive and north or Tuxedo Boulevard, as a temporary storage/staging area for the contractor to use, during the course of this project as well as the anticipated 2017 Tuxedo Boulevard reconstruction project. There is very limited space within the project boundaries for storage of construction material. We feel it is in the best interest of all parties to provide this nearby storage/staging site for the contractor's use. It will provide a much more efficient way to build the project as the alternative would be for the contractor to continually haul in the necessary construction materials as they are needed. The benefit to the City should be better bid prices and a more efficient and timely project completion. When all construction is complete, the park will be fully restored by the contractor at no cost to the City. It is our understanding that Doone Park, is a passive park with no scheduled recreational activities, but there will be noise and visual impacts to adjacent property owners. We will contact all property owners within the general area to explain the project, discuss their concerns and consider mitigation measures, but at a minimum, the area will be fenced and maintained daily by the contractor. DESIGNING FOR A BETTER TOMORROW Bolton & Menk is ai-474 opportunity employer Honorable Mayor and Members of the City Council February 17, 2016 Page 2 We have followed up on all comments received at the November 24, 2015 Public Improvement Hearings and incorporated them into the plans as appropriate. Attached is a resolution approving final plans and specifications for the 2016 Street, Utility and Retaining Wall Improvement Project and authorizing advertisement for bids to be received on March 29, 2016. We anticipate requesting award of bid at the following Council meeting on April 12, 2016. Sincerely, BOLTON & MENK, INC. Daniel L. Faulkner, P.E. City Engineer -475- '!TY' OF N • N � F' SOLUTION NOO. t - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2096 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT— BARTLETT BOULEVARD; TUXEDO BOULEVARD, PHASE I% CYPRESS LABS/Rq/ AYWOOD ROAD WHEREAS, pursuant to Resolution 15-137 ordering the improvement and preparation of plans for Bartlett Boulevard; Resolution 15-138 ordering the improvement and preparation of plans for Tuxedo Boulevard, Phase II; and Resolution 15-139 ordering the improvement and preparation of plans for Cypress Lane/Maywood Road passed by the City Council on November 24, 2015; and WHEREAS, the public improvement hearing for the improvement of Tuxedo Boulevard, Phase II was continued by the City Council and subsequently noticed in accordance with State Statutes and held on January 26, 2016; and WHEREAS, pursuant to Resolution 16-17, which amended and restated Resolution 15-138, was passed by the City Council on February 9, 2016, the City Engineer has prepared plans and specifications for the following proposed improvement projects: 2016 Street, Utility and Retaining Wall Improvements: Bartlett Boulevard, from Wilshire Boulevard to Shoreline Boulevard (PW -16-01); Tuxedo Boulevard, Phase Il, from Clyde Road to Wilshire Boulevard (PW -16-02); Cypress Lane, from Shoreline Boulevard to Maywood Road and Maywood Road from Wilshire Boulevard to west of Cypress Lane (PW -16-03), and has presented such plans and specifications to the Council for approval; NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published in the official city newspaper, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on March 29, 2016, at which time they will be publicly opened at City Hall, 2415 Wilshire Boulevard, by the City Clerk and Engineer, tabulated and considered by the City Council at 7:00 p.m. on Tuesday, April 12, 2016 in the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5% of the amount of such bid. Adopted by the City Council this 23 Id day of February 2016. Mark Wegscheid, Mayor ATTEST: Catherine Pausche, Clerk -476- BO I�TON 8L M F== N K , Consulting Engineers & Surveyors it 2638 Shadow Lane, Suite 200 - Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com February 18, 2016 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2016 Lift Station Improvement Project City Project No. PW -16-05 Preparation of Engineering Report Dear Mayor and Members of the Council: I NCe In 2007 the City began its Lift Station Reconstruction Program with the replacement of three sanitary sewer lift stations. Further guidance was provided for this program with the completion of the Inflow/Infiltration Reduction and Lift Station Reconstruction Plan that the Council received in June of 2007. This report included an analysis of the City's 30 city -owned and operated lift stations along with an estimate of inflow and infiltration into its sanitary sewer system. Based on the findings and recommendations included in that report, along with City staff input, the lift station reconstruction program, which began in 2007 with three lift station replacements, has continued. In 2008, two lift stations were replaced; three were replaced in 2009; four were replaced with the 2010 project; one was replaced in 2011, 2012, 2013, 2014 and 2015 for a total of seventeen. In order to proceed with the Lift Station Reconstruction Program, we are requesting the Council's authorization to prepare an Engineering Report for the 2016 lift station improvement project. The current 5 -Year Capital Improvement Plan for year 2016 includes the replacement of Lift Station D-2, located on Lynwood Boulevard, east of the public works facility. In addition, lift station S-1, Windsor Road, which was constructed in 1997 as part of the adjacent development, is in need of some upgrades (not replacement) and will be included in the proposed Engineering Report. Please consider the attached Resolution requesting authorization for Bolton & Menk, Inc. to prepare an - - Engineering Report for tho reconstruction ofL-ift-Station-D-2-and upgrades to -Lift -Station -S-1. If - approved, the Report will be presented to the Council at the March 81h meeting along with a request for preparation of final plans and specifications. Sincerely, Bolton & Menk, Inc. i�i Z4 " 44tA , Daniel L. Faulkner, P.E. City Engineer DESIGNING FOR A BETTER TOMORROW Bolton & M,--nk is al 4 7 7 _)pportunity employer RESOLUTION ORDERING PREPARATION OF REPORT ON LIFT STATION REPLACEMENT PROJECT FOR 2016 WHEREAS, a lift station reconstruction program was started in 2007 with the replacement of three (3) of the thirty (30) city -owned and operated sanitary sewer lift stations, and WHEREAS, this program continued with replacement of two (2) lift stations in 2008, three (3) in 2009, four (4) with the 2010 project, and one (1) each in 2011, 2012, 2013, 2014 and 2015 for a total of seventeen (17) replacements; and WHEREAS, the 5 -Year Capital Improvement Plan, 2016-2020, includes the replacement of Lift Station D-2 (Lynwood Boulevard) in year 2016; and WHEREAS, lift station S-1 (Windsor Road) is in need of upgrades, not replacement; NOW, THFREF®RE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the Lift Station Improvement Project for 2016, Lift Station D-2, located at 5236 Lynwood Boulevard and Lift Station S-1, located at 5077 Windsor Road, be referred to Bolton & Menk, Inc. for study and that they are instructed to report to the Council as to whether the proposed improvement is necessary, cost effective, and feasible. Adopted by the City Council this 231 day of February 2016. ATTEST: Catherine Pausche, City Clerk Mark Wegscheid, Mayor TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director Rita Trapp, Consulting City Planner DATE: February 17, 2016 SUBJECT. Planning Case No. 16-02 Rezoning of 1861 Commerce PID No. 14-117-24-14-0001, PID No. 14-117-24-14-0003, & PID No. 14-117-24-14- 0004 REQUEST SUMMARY The applicant, Trident Development, LCC, has applied for a rezoning of the property located at 1861 Commerce Boulevard from B-2 General Business District to R-3 Multiple -Family Residential. The 9.33 acre property is located near the City's northern boundary and was the former location of Anthony's Floral and Greenhouses. As shown on the attached survey, the property involves three separate parcels, one that fronts Commerce, and two that are along Dutch Lake. As shown on the attached survey, the site has multiple wetlands located on the west side of the property along Dutch Lake. To the north of the property is Huber Funeral Home and property owned by the Minnehaha Creek Watershed District, while to the south is Grandview Middle School and Grandview Terrace Apartment, a complex that was constructed in 1970. N®ToHCAToON The rezoning request requires a public hearing. A public hearing notice was published in the Laker and notices about the City Council public hearing were mailed to all property owners within 350 feet of the property, per Hennepin County tax records, as required by the City Code. A copy of the public hearing notice was also posted on the City Hall bulletin board. PLANNING COMMISSION REVIEW AND RECOMMENDATION ION The Planning Commission reviewed this case at their February 8, 2016 meeting. Draft minutes from that meeting have been prepared for your review. Part of the discussion centered on hove the rezoning request needs to be evaluated based on its conformance with Comprehensive Plan and appropriateness with the surrounding neighborhood rather than on a particular project. The applicant did provide information on the senior housing project they are planning for the site. The Planning Commission unanimously recommended approval of the expansion permit with the conditions and findings as proposed by Staff. RECOMMENDATION Given Staff and the Planning Commission recommendation for approval, a proposed ordinance amendment has been prepared for your consideration. 60 -DAY PROCESS Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to approve or deny the land use request unless an extension is executed by the City in accordance with state rules. Minnesota Statutes 645.15 sets forth the procedures for determining "Day 1" for the purpose of application of the 60 -day rule and was determined to be January 5, 2016. CITY OF MOUND ORDINAMCE NO. IS - ORDINANCE APPROVING REZONING OF CERTAIN PROPERTIES FROM B-2 GENERAL BUSINESS DISTRICT TO R-3 MULTIPLE FAMILY RESIDENTIAL WHEREAS, the applicant, Trident Development LLC, has made an application to rezone the following subject properties (the "Subject Properties"): MD # Address 14-117-24-14-0001 ADDRESS UNASSIGNED 14-117-24-14-0003 ADDRESS UNASSIGNED 14-117-24-14-0004 1861 Commerce Boulevard ; and WHEREAS, the proposed rezoning to R-3 Multiple -Family Residential is consistent with the current designation of the properties in the Comprehensive Plan as Medium Density Residential; and WHEREAS, the proposed rezoning is compatible with land uses surrounding the subject property given that to the north is Fauber Funeral Home and property owned by the the Minnehaha Creek Watershed District and to the south is Grandview Middle School and Grandview Terrace Apartments; and WHEREAS, Commerce Boulevard (County Road 110) is able to support the development of the site for multiple -family residential; and Wh HEREAS, the Planning Commission reviewed the proposed rezoning and recommended City Council approval on February S, 2016; and WHEREAS, the City Council held a public hearing to consider the proposed rezoning request at their February 23, 2016 meeting; and WHEREAS, after its consideration the City Council found the proposed rezoning to be consistent with the Mound Comprehensive Plan and the requirements of the laws of the State of Minnesota. Im NOW, THEREFORE, BE fT RESOLVED, by the City Council of the City of Bound, Minnesota as follows: 1. The City Council of the City of Mound does hereby approve the rezoning request from B-2 General Business District to R-3 Multiple Family Residential based on the following findings of fact: a. The Mound 2030 Comprehensive Plan guides this property for Medium Density Residential. R-3 Multiple -Family Residential was determined by the City in 2012 to be a consistent zoning district for this future land use designation. b. The rezoning of this property for multiple -family residential supports the City's goal of providing a range of housing types. c. The rezoning of this property is appropriate for the surrounding neighborhood as it is located along Commerce Boulevard (County Road 110), immediately north of Grandview Middle School and existing apartments, and immediately south of Huber Funeral Homes and the Minnehaha Creek Watershed District. 2. This rezoning is approved for the Subject Properties as identified in the table herein shown: PO # Address Current Zoning Proposed Zoning 14-117-24-14-0001 ADDRESS UNASSIGNED B-2 R-3 14-117-24-14-0003 ADDRESS UNASSIGNED B-2 R-3 14-117-24-14-0004 1 1861 Commerce Boulevard B-2 R-3 Adopted by the City Council this 23 Id of February, 2016. Attest: Catherine Pausche, Clerk Mark Wegscheid, Mayor Im MOUND ADMORY PLANNNO COM�lii OSVON FEBRUARY 8, 2026 Chair Penner called the meeting to order at 7:00 pm. OATH OF OFFICE - CITE( MANAGER City Manager Eric Hoversten administered the oath to David Goode and thanked the commissioner for his service. ROLL CALL Members present: Chair Cindy Penner; Commissioners Jason Baker, David Goode, Doug Gawtry, Bill Stone, and Jennifer Peterson. Members absent: Jeffrey Bergquist, Jameson Smieja, and Pete Wiechert. Staff present: Community Development Director Sarah Smith, Consultant Planner Rita Trapp, City Manager Eric Hoversten, and Secretary Jill Norlander. Members of the public: Kim Rawleigh (5000 Tuxedo Blvd), Tom Grazzini (Apple Valley), Roger Fink (St. Cloud), Kelly Josephson (4948 Edgewater Dr), Jason Parks (Big Lake), Paul Huber (1801 Commerce Blvd) Planning Case No. 15-02 Rezoning JL861 Commerce Boulevard Applicant: Trident Development Trapp introduced the request. Trident Development has requested a rezoning of the property commonly known as Anthony's Floral, in anticipation of construction of a senior housing development. Trapp reviewed details of rezoning requirements for the commission. She outlined the features of the land involved and how the request fits into the Comprehensive Plan guidelines. Staff is recommending approval and offered findings of fact outlined in the planning report. Roger Fink, Trident Development, St. Cloud, MRI, thanked the commission and staff for being available and assisting in their efforts. He indicated that land use approvals are being sought before they close on the land. Mr. Fink gave a brief history of Trident and its business model. The proposal for Mound includes a multi -story structure with 44 units connected by a single - story structure with 20 memory care units. There is existing hazardous contamination on the site, which they are prepared to clean up with the assistance of the MPCA. The proposed design would preserve the existing wetlands. They have been in discussions with the MCWD about the preservation, restoration and use of the wetlands on the western portion of the property. Peterson asked about the closing date. Fink said that title defects are being corrected by Hennepin County courts. There has been progress, but there is no known schedule at this time. Peterson asked about the length of time to build. Fink said that, generally, building completion takes 10-12 months once the building begins. Stone asked how long 100% occupancy takes. Fink stated that each market is different. Some acquire stabilized occupancy in 18 months. Senior buildings tend to be slower (18-24 months). Others, especially in outstate areas, are more like 24-30 months. Stone wanted to know what is considered stabilized occupancy? Fink said that they usually considered that to be 93-95% occupancy. Penner asked how many employees would be involved. Fink indicated that, for a facility this size, it would employ about 20-25. Paul Huber, 1801 Commerce Blvd, asked that staff keep him abreast of the progress since they share property boundaries. Peterson asked if they moved forward with the R-3 rezoning, if it would be R-3 indefinitely. Smith confirmed that it would be R-3 indefinitely and restated that this property is not being rezoned just for this project. We are rezoning to agree with the Comprehensive Plan. Trapp added that, when we contemplate action on this property in the future, such a project will need to be consistent with both the zoning and the Comp Plan. The Comp Plan limits development to 7-12 units per acre, so whatever is planned for the future must stay within that limit. Fink added that the 2 wetlands on the westerly parcel are planned to undergo MCWD restoration. He also noted that the title issue restricts construction on a portion of that lot. Thus, even though the parcels are rezoned as R-3 it still comes with building restrictions on the westerly lot. MOMN by Goode, second by Peterson, to recommend approval of the rezoning with findings. �liOMN passed unanimously. a ok X •i 3 1 Eli ,ITY OFA-- PLANNING REPOR7 TO: Planning Commission FROM, Rita Trapp, Planning Consultant Sarah Smith, Community Development Director DATE: January 28, 2016 PLANNMG CASE NO. 16-02 LOCATNON: 1861 Commerce Boulevard PID No. 14-117-24-14-0001, PID No. 14-117-24-14-0003 and PID No. 14-117-24-14-0004 MEETING NATE: February 2, 2016 COMPREHENSIVE PLAN: Medium Density Residential ZONING: B-2 General Business District BACKGROUND The applicant, Trident Development, LCC, has applied for a rezoning of the property located at 1861 Commerce Boulevard from B-2 General Business District to R-3 Multiple -Family Residential. The owner of the property, Great Southern Bank, signed the rezoning application submitted by the applicant. The property is located near the City's northern boundary and was the former location of Anthony's Floral and Greenhouses. As shown on the attached survey, the property involves three separate parcels, one that is along Commerce, one to the west that fronts Dutch Lake, and one that is west of the Huber Funeral Homes site and also fronts Dutch Lake. REVIEW PROCEDURE City Code Section 129-34 states that zoning amendments shall not be issued indiscriminately, but shall be used as a means to reflect changes in the goals and policies of the community as reflected in the plan or changes in conditions in the city. The section further states that any zoning amendment that is not initiated by the Planning Commission shall be referred to the Planning Commission for review. A public hearing regarding the rezoning is required to be held by the City Council. 60 -DAY PROCESS Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to approve or deny the land use request unless an extension is executed by the City in accordance KUM with state rules. Minnesota Statutes 645.15 sets forth the procedures for determining "Day 1" for the purpose of application of the 60 -day rule and was determined to be January 5, 2016. NOTIFICATION Abutting property owners per Hennepin County tax records, were sent written notice on January 27, 2016 to inform them of the request and that it was being included on the Tuesday, February 2, 2016 Planning Commission meeting agenda for review and recommendation. SITE INFORMATION The 9.33 acre site is located on the west side of Commerce Boulevard (County Road 110) on Dutch Lake just south of the City's northern boundary. To the north of the property is Huber Funeral Homes and Minnehaha Creek Watershed District, while to the south is Grandview Middle School and Grandview Terrace Apartment, a complex that was constructed in 1970. As shown on the attached survey, the site has multiple wetlands located on the west side of the property along Dutch Lake. COMPREHENSIVE PLAN EVALUATION The Zoning Ordinance directs that rezoning requests should reflect the goals and policies of the community. Mound's 2030 Comprehensive Plan sets the vision for the community and contains a set of goals and policies to achieve that vision. It also has a land use plan that guides the future land use for each property. The Comprehensive Plan vision states that Mound intends to be a full-service community that provides strong neighborhoods, quality schools, walkability, and lake access. it further establishes the follow land use and housing goals and policies that relate to the rezoning request under consideration: Land Use Goal Create a land development pattern which fulfills social and economic needs while enhancing and preserving natural resources. Policies: 1. Establish appropriate residential land use densities to accommodate changing household sizes & types, development patterns, housing types and aesthetic values. 2. Promote land use pattern changes that are compatible and transitional with existing development patterns. 3. Support the redevelopment of older business areas through close coordination with the business community and by undertaking public action when feasible, including but not limited to, HRA activities, tax increment financing and the provision of public improvements. Housing Goal Promote and encourage the provision of life -cycle housing opportunities for all residents, supporting creative multi -family housing while emphasizing the construction and maintenance of high quality, single family dwelling units. Policies: 1. Encourage a mixture of life -cycle housing types to provide for all stages of life while maintaining a predominately single family housing base throughout the city. The proposed rezoning of this property will achieve these goals and policies of the Comprehensive Plan. It will provide a location for multiple family residential housing, a housing type that continues to be needed in Found. The location is appropriate for multiple -family housing given that it is surrounded by commercial, public, and other medium and high density residential developments. In addition, Commerce Boulevard is a county road that can accommodate the traffic generated from a multiple family residential development. The proposed rezoning is in keeping with the future land plan designation for this property. The 2030 Comprehensive Plan guides the property for Medium Density Residential. Medium Density Residential is defined on page 4.4 as: "Density range from 7 to 12 units per acre. Typical housing stock includes multi -unit townhomes, four-plexes, and smaller scale apartment and assisted living facilities. To minimize the potential impacts of these medium density uses to single family neighborhoods, these uses are generally located along arterial and collector streets." As with many communities, the City of Mound has more zoning districts than land use categories in the Comprehensive Plan. This is due to the general nature of the Comprehensive Plan versus the specific guidance intended to be provided through zoning. In 2012, the City of Mound established with the Metropolitan Council which zoning districts were consistent with what land use categories. The Medium Density Residential land use category was deemed to be consistent with R -1A, R-2, R-3 and R-3 PDA. The proposed rezoning of this property to R-3 will therefore be consistent with the Comprehensive Plan. STAFF/CONSULTANT/AGENCY REVIEW Copies of the request and supporting materials were forwarded to all City departments for review and comment. Members are advised that some comments received during review have been addressed and are, therefore, not included in this report. A summary of the comments received is provided below: Greg Pederson, No comments on the rezoning. The fire department and code Fire Chief compliance staff should be involved early in the planning process for any development of this site. It will be advantageous for all parties, including the developer, to discuss the site layout, the overall plan, and fire code requirements early on in the design process. Jason Gottfried, No comments on the rezoning. Hennepin County will want to Hennepin County review any proposed CUP request and site plans. Melissa Manderschied, The requirements of Sec. 129-34. Zoning amendments must be City Attorney met. DISCUSVON o Development of this site will need to meet both R-3 Zoning District and Medium Density Residential designation of the Comprehensive Plan. Thus, any projects will need to maintain a density on the site of 7 to 12 units per acre. In addition, the types of units will need to be multi -unit townhomes, four-plexes, and smaller scale apartment and assisted living facilities. The applicant has indicated in the included narrative that the property is intended to be used for an assisted living and memory care facility. Please be advised that while it is helpful to know what the applicant intends to do with the property, and that it seems reasonable given the size and shape of the lot, rezoning of the property cannot and should not be made solely on the basis of a proposed project. The rezoning of the property will remain even if the project is not developed. Thus, it is important that the proposed zoning district is appropriate no matter who the property owner or developer is. Please also be advised that the rezoning of a property cannot be conditional and cannot have any conditions attached to them. STAFF REC®il4lMENDATON Staff recommends that the Planning Commission recommend the City Council approve the request to rezone this property from B-2 General Business District to R-3 Multiple -Family Residential. In recommending approval, the following findings of fact are offered: 1. The Mound 2030 Comprehensive Plan guides this property for Medium Density Residential. R-3 Multiple -Family Residential was determined by the City in 2012 to be a consistent zoning district for this future land use designation. 2. The rezoning of this property for multiple -family residential supports the City's goal of providing a range of housing types. 3. The rezoning of this property is appropriate for the surrounding neighborhood as it is located along Commerce Boulevard (County Road 110), immediately north of Grandview Middle School and existing apartments, and immediately south of Huber Funeral Homes and the Minnehaha Creek Watershed District. CITY COUNOa REVIEW In the event a recommendation is received from the Planning Commission, it will be forwarded to the City Council for public hearing and consideration/action at an upcoming meeting. At this time, a possible date for the public hearing is Tuesday, February 23, 2016. 2415 Wilshire Boulevard, Mound, MN 55364 Phone 952-472-0600 FAX 952472-0620 ZONING AMENDMENT APPLICATION AppRcadon Gree and Escir®cly Depoaot vaquired at time of application. Case No. City Council Date: Planning Commission Date: Please typeor print clear! Applicant Name:Q I j Gill �� �q�" � - a Email17e�.;k AxV fWeA L��l Info Address Ael rPQir'� S S` Cr vA �Zl ✓® I Phone Home( j.- 2-66 V7 Work FOR MKIE DUTEH TO THE Will ORDNANCE COV,RPLETE THE FOL LOWURM 1Aci -'3'( It is requested that Section of the Mound Zoning Ordinance be amended as follows: 216M s ... FAT Reason for amendmentt�t'F 2,-IAJr_ P2QPF2TX _f6 .44L/91J/ ZrN 'k )AZ Zoning Amendment Information (1!212015) Page 4 of 5 A w FOR AMENDMENT TO THE ZONPHIG MAP / ZONUNG DISTRICT COMPLETE THE FOLLOWING It is requested that the property described below and shown on the attached site plan be rezoned from zone f5 P --2 to zone R - 2 Address & Address /-%(%_ CbllUlilLa' Legal of Subject Lot SF- IL' ., / � ifi?17 Block Property Addition ----------= - PID fAddress t Zoning: R1 RIA R2 R3 R1 132 B3 (Circle one) Owner of�j2r✓�r�r�irT,4,,g) ?),4i1k Ernail % e�J/C�,/ (�' Gtr js�s ��Ca�o� r�M < Subject Site '',, �_ � �'1 Y �%2��►l� it � s761.�ll ome WorK �-/W6rPax Present Use of Property Reason for T=(�7 i ,tMSIVDE' t/a �L �;,c41ili�'- -- -- Amendment I certify that all of the statements above and statements contained in any required papers or pians to be submitted herewith are true and accurate. I acknowledge that I have read all of the Information provided and that lam 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 the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Applicant's Signature Owner's Signature -C, Kevin J. "avamu —AVP Great Southern Bank Zoning Amendment Information (11212015) Page 5 of 5 -491- Date Date 1/5/2016 EXHIBIT A LEGAL DESCRIPTION 14-117-24-14-0001 - UNPLATTED 14 117 24 THAT PART OF N 10 RODS OF GOVT LOT 1 LYING W OF THE E 606 02/100 FT THOF 14-117-24-14-0003 - UNPLATTED 14 117 24 COM AT A PT IN E LINE OF GOVT LOT 1 DIS 10 RODS S OF NE COR THEREOF TH S ALONG SAID E LINE 50.05 FT TH W PAR WITH N LINE THOF DIST 438.02 FT TH N PAR WITH E LINE THOF DIST 15.01 FT TH W PAR W N LINE THEREOF 178 FT TH S TO THE S LINE OF THE N 435 FT OF SAID LOT 1 TH W TO SHORE OF DUTCH LAKE TH NLY ALONG SAID SHORE TO S LINE OF N 10 RODS OF SAID LOT 1 TH E TO BEG EX RD 14-117-24-14-0004 - UNPLATTED 14 117 24 COM AT A PT IN E LINE OF GOVT LOT I DIST 215.05 FT S FROM NE COR THEREOF TH W PAR WITH N LINE THEREOF 438.02 FT TH N 15.01 FT TH W 178 FT TH S TO THE S LINE OF THE N 435 FT OF SAID LOT 1 TH E TO THE E LINE THEREOF TH N TO BEG EX ROAD 16913.vl -492- TRIGEN Development, LLC. 3601 1 Sth Street SO Lull • Suite #2 03 • St. Cloud. �-1;\ 5630 1 Phone: 320.358.=1438 • Fax: 330?52.3603 January 4, 2016 Ms. Sarah Smith Community Development Director City of Mound 2415 Wilshire Boulevard Mound, MN 55364 JAN e 7 2016 VIA E-MAIL and US Mail Re: REQUEST FOR ZONING AMENDMENT AND C .U.P. PID: # 14-117-24-14-001 and PID # 14-117-24-14-0003 and PID # 14-117-24-14-0004 Dear Ms. Smith, On behalf of Trident Development, LLC please consider this letter as our request/application for a zoning amendment and a conditional use permit for the property referenced above. As you will note, our concept includes a three-story, assisted living apartment building containing approximately forty-four (44) dwelling units with an attached, single story memory care building containing 20 units, for a total of 64 dwelling units. We are requesting a zoning amendment which would re -zone the subject property from B-2 Business to R-3 high density residential. Please let us know if you require any other materials to complete our application. Also please advise us of the schedule of meetings and/or approvals affecting the Comp Plan Amendment. Enclosed with this letter please find: • Application fees in the amount of $2,200.00 • Zoning Amendment Application • Conditional Use Permit Application • Conceptual Site Plan • ALTA survey • Legal Description (prior to final plat) • NOTE: a request for Comp Plan Amendment is also a part of our applications -493- Please place our application on the next appropriate Planning Commission agenda. Let us know of any questions or concerns. Thank you for your consideration. 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St. Cloud, %-IN 56301 Phone: 320 258.4438 - Fax: 320.252.3603 January 26, 2016 JAN 82016 Ms. Sarah J. Smith, Community Development Director City of Mound 2415 Wilshire Boulevard Mound, MN 55362 Re: SUPPLEMENTAL INFORMATION MOUND ASSISTED LIVINGIMEMORY CARE HOUSING DEVELOPMENT Dear Ms. Smith: Trident Development, LLC is please to submit this supplemental narrative information regarding the intended use of the property to be considered for re -zoning. This narrative is intended to generally describe the proposed project, as well as the operations and experience of the development team. LOCATION — The proposed development site is located at 1861 Commerce Boulevard, currently zoned B-2 General Business. The subject property is currently an abandoned greenhouse and nursery and consists of approximately 9.33 +/- gross acres. DESCRIPTION OF PROPOSED USE — The proposed use is senior, assisted living/memory care rental housing facility. The current proposal contemplates a mix of assisted living apartment units (44) and memory support studio units (20) for a total of 64 dwelling units. The apartment units offer a variety of 1 and 2 bedroom floor plans that also include a complete kitchen with appliances and cabinetry. Standard apartment units range in size from 599+/- square feet to 880+/- square feet. The memory support studio units are approximately 380+/- square feet. The facility will be staffed 24 hours a day. DESCRIPTION OF Il"ROVEMENTS — The current concept is designed as a 3 -story apartment structure connected to a 1 -story enhanced services (memory care) wing, each with pitched roof. The building is wood -frame construction, on a slab -on -grade foundation, with hydraulic elevator service. An automatic fire suppression system is provided throughout the building, which is monitored 24 hours a day. Traffic circulation is designed to provide convenient pick-up and drop-off at the front entry. Deliveries for the food service supplies and emergency vehicles have access to front and rear of the building. Other site improvements include an outdoor fenced garden path for memory support residents, outdoor dining balcony, sidewalk connections and generous landscaping. For your reference, we are enclosing preliminary schematic floorplans of the proposed buildings. FEATURES AND AMENITIES — The assisted living facility will include the following features and amenities: • Meal plan and scheduled activities. • Nursing aid and assistance with daily activities. • Transport van for schedules trips and transportation needs. • Library and high-speed internet access. • Beauty Salon • Spa with pedicure, massage and hydrotherapy tub. • Community room for resident parties and family gatherings. • Private dining room for special occasions. • Patient monitoring system • Controlled access entry system • Wellness center with specialized fitness equipment PROFESSIONAL MANAGEMENT — The facility will be professionally managed by a licensed care provider, Tealwood Management. Tealwood brings over 25 years of experience in operating and managing over 50 nursing home and assisted living facilities in the upper Midwest. Tealwood arranges for all administrative, dietary, nursing, activities and maintenance staffing. All site improvements and building design features are coordinated with Tealwood to meet the needs of the residents and the operation of the staff. Tealwood also oversees marketing, leasing and licensing of the property. (www.twdcc.com) DEVELOPMENT TEAM — Trident Development, LLC is based in St. Cloud, MN and has considerable experience in development and construction of assisted living communities and multi -story apartment housing. Trident is currently under construction with a 96 -unit assisted living/memory care facility in Edina, MN and has successfully completed numerous apartment and townhouse developments around the state. Trident's team of real estate professionals have over 30 years of real estate experience. Trident and Tealwood work closely together in the design and detail of the assisted living facilities - to assure quality, functionality and to provide the highest level of resident care. PROJECT TIMING — We are eager to complete the municipal approval process by the end of April, 2016 and proceed with construction commencement before June of this year. This will allow the facility to open in the summer of 2017. We thank you in advance for considering our re -zoning application and look forward to your comments and recommendations as we finalize our plans. Please feel free to contact me at (320) 258-4438 or (612) 242-6097 if there are any questions. Regards, 7evelopment, LLC Roger gXink Sr. Vice President Enclosures C: Scott O'Brien, Trident Development, LLC -497- J� n PROPOSED NEW CONSTRUCTION FOR: & � It Z E 10> ' - PROPOSED FLOOR PLAN -A nO_ o MOUND OMMUNOR LIVING ITY 3j 8 MOUND MINNESOTA g PROPOSED NEW CONSTRUMN FOR: �'M' f Ii$ Fon PROPOSEDr E 8 t®; MOUND SENIOR LIVING e ND SECOND FLOOR QQ COMMUNITY 5E�® i PLAN �499- MOUND MINNESOTA PROPOSED NEW CONSTRUMON FOR: PROPOSED m MOUND SENIOR LIVING$ o THIRD FLOOR COMMUNITY s$ $ PLAN Qo- MOUND MINNESOTA MEMORANDUM February 18, 2016 To: City Mayor and City Council From: Catherine Pausche Director of Finance and Administrative Services Re: Contract for Services with the Spirit of the Lakes Festival The attached agreement is the product of many meetings and discussions among festival board members, City Council liaisons Wegscheid and Gillispie, and city staff. In 2015, the Council requested that a formalized agreement be created that outlined the services to be provided by the festival and by the City in support of the festival, both monetary and in-kind. It should be noted that as a result of this process, the festival board and volunteers will assume many responsibilities that were formally performed by paid City staff. In addition, the festival has decided to make this a two-day event, further streamlining the services required by the City and providing for the festival's long-term sustainability. For instance, the Thursday night activities have been eliminated, including the Boots & Badges safety fair. Both the Mound Fire Department and Orono Police Department will coordinate other public safety awareness events during Nite to Unite and/or October's Fire Prevention Awareness week, thus reducing the pressure on the departments and freeing them up to focus on public safety during the festival. Many other duties were absorbed by the festival as well that were previously performed by administrative and public works staff. The participants who worked together to create this contract are appreciative of the give and take that was demonstrated and want to highlight the high quality entertainment and civic promotion that the festival contributes to area residents and the City of Mound. John Beise will be present at Tuesday's meeting to request action on the Agreement for Provision of Community Services - Organization of Annual Community Festival. -501- AGREEMENT FOR PROVISION OF COMMUNITY SERVICES ORGANIZATION OF ANNUAL COMMUNITY FESTIVAL This Agreement is made effective as of the day of , 2016 by and between the Spirit of the Lakes Festival, Inc. a Minnesota non-profit corporation ("Spirit") and the City of Mound, a Minnesota municipal corporation ("City"). WHEREAS, the City is authorized to expend funds for a public purpose, an activity that will benefit the community as a whole, is related to functions of government, and does not have as its primary objective the benefit of a private interest; and WHEREAS, the Spirit has successfully operated an annual community festival in Mound for the last 8 years that is enjoyed by many citizens and visitors and contributes to the positive movement in making Mound as a destination; and WHEREAS, the City has contributed both financially and through in-kind contributions of staff time and equipment; and WHEREAS, the City and the Spirit desire to formalize their agreement regarding the organization of the annual community festival. NOW, THEREFORE, the parties hereto agree as follows: 1. PROVISION OF ORGANIZATION OF ANNUAL COMMUNITY FESTIVAL. Spirit shall organize the annual community festival to take place in Mound, MN, in July of each year. The festival organized by Spirit shall substantially include, but not be limited to, the events as further described on Exhibit A attached hereto and made a part of this Agreement. 2. TERM. The initial term of this Agreement shall commence on January 1, 2016 and end on December 31, 2020. This Agreement shall automatically renew for a successive five (5) year term unless terminated by the City or Spirit. Such termination shall be accomplished by delivery of written notice stating the desire to terminate the Agreement on or before December 31, 2019 (at least twelve (12) months in advance of the expiration of the initial five (5) year term) or as otherwise terminated as provided in this Agreement. 3. SUPPORT PAYMENT AND IN-KIND CONTRIBUTIONS. The City shall pay to Spirit an annual support payment for the organization of the annual community festival a lump sum of $1,500 per year by April 1st of each year of the contract. In addition, City in-kind contributions shall include, but not be limited to, tasks as further described on Exhibit B attached hereto and made a part of this Agreement. The Spirit shall be responsible for reimbursing the City for any payments to vendors related to copies, fireworks insurance, miscellaneous supplies, postage, and other incidentals. The Spirit shall receive credit for any buttons and/or tasting event tickets sold at City Hall or the municipal liquor store. -5Q2- 4. Independent Contractor. Spirit has engaged the city for services and the city provides said services as it recognizes mutual benefit. For the purposes of this agreement, Spirit is recognized as an Independent Contractor to the City of Mound. Spirit is not to be deemed an employee or agent of City and has no authority to make any binding commitments or obligations on behalf of City except to the extent expressly provided herein. All services provided by the Spirit pursuant to this Agreement shall be provided by the Spirit as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 5. INSURANCE. Spirit shall maintain the following insurance coverages during the term of this Agreement: a. General Liability Special Event Coverage in an amount and form satisfactory to the City and Spirit shall include the City as an additional insured on policy. Required amounts are listed in Exhibit C attached hereto and made a part of this agreement. b. Liquor Liability Coverage in an amount and form satisfactory to the City and Spirit shall include the City as an additional insured on policy. c. Spirit shall reimburse the City for the Fireworks Coverage obtained from the League of Minnesota Cities and City shall include Spirit as an additional insured. 6. EARLY TERMINATION. This Agreement shall continue in effect for the term unless earlier terminated by either party. Written notice of early termination must be delivered by November 15'h of the preceding calendar year by the party who wishes to terminate the agreement. 7. ANNUAL REPORT. Annually each year, Spirit shall provide the City with a true and correct copy of its Form 990 within ten (10) days of the date it is submitted for filing to the Internal Revenue Service. 8. CITY COUNCIL REVIEW. The City Staff shall provide the annual invoice provided to the Spirit showing charges and credits for miscellaneous/ incidental items listed in Section 3 of this agreement. In addition, City Staff shall quantify the amount of in- kind labor and equipment provided to the Spirit. 9. NOTICES. All notices required to be given by either party pursuant to this Agreement shall be in writing and sent to the other party at the following addresses: To the City: City of Mound Attention: City Manager 2415 Wilshire Boulevard Mound, MN 55364 To Spirit: Spirit of the Lakes Festival, Inc. Attn: Board Chair 5341 Maywood Road Mound, MN 55364 -593- All notices shall be deemed received when delivered, if hand -delivered, or three business days after deposit with the United States Postal Service, postage prepaid. Notices by fax or email alone are not sufficient. The addresses for notices may be changed by the parties from time to time by delivery of written notice to the other party as provided herein. 10. NON-DISCRIMINATION. In the performance of this Agreement, Spirit shall not discriminate against any employee, applicant for employment, festival attendees, volunteers or City resident because of age, race, color, creed, religion, national origin, sex, sexual orientation, marital status, disability or status with regard to public assistance. Spirit shall post the provisions of this non-discrimination clause on their website visible to persons participating in the festival as a vendor or attendee. 11. INDEMNIFICATION. Spirit does hereby, for itself and its successors and assigns, release and agree to defend, indemnify and hold the City harmless from all Loss or Damage in any manner, directly or indirectly arising out of, resulting from, or in any manner connected with this Agreement, the provision of facilities, programs and services pursuant to this Agreement, and Spirit's operation of the community festival. The term "Loss or Damage" as used herein means all losses, costs, expenses (including without limitation, reasonable attorneys' fees, disbursements of counsel and costs of investigation), liabilities, damages, debts, fees, fines, penalties, charges, assessments, judgments, liens, settlements, claims, demands, rights, actions, suits, causes of action, and proceedings, and other obligations of any nature whatsoever and of any person whomsoever, including for death or injury to any person (including the parties and their employees, agents, and contractors) and including damage to property owned by, leased, rented to, or in the care, custody, or control of the parties and including damage to the environment or natural resources. The indemnity obligations contained in this Section shall survive termination of this Agreement. 12. DATA PRACTICES ACT COMPLIANCE. Data and information provided to Spirit under this Agreement or through provision of services for the City shall be administered in accordance with Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in accordance with all applicable laws, rules, and regulations. 13. ASSIGNMENT. This Agreement may not be assigned by either party without the advance written consent of the other party. 14. COMPLIANCE WITH LAW. In providing services pursuant to this Agreement, Spirit shall comply with all applicable laws, statutes, rules, regulations, codes, ordinances. Any violation of this provision shall constitute a material breach of this Agreement by Spirit and will entitle the City to immediately terminate this Agreement as provided herein and to receive a refund of any portion of the annual support payment which has not yet been earned. 15. SECTION HEADINGS. The titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 16. PARTIAL INVALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid or unenforceable by a Court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaininn portions of this Agreement. -504- 17. NO WAIVER. The action or inaction of either the City or Spirit shall not constitute a waiver or amendment of the provisions of this Agreement. To be binding, waivers must be in writing, signed by the parties and approved by written resolution or motion of the City Council. A City's failure to promptly take legal action to enforce this Agreement shall not be deemed to be a waiver or release of any right of the City or obligation of Spirit. 18. ENTIRE AGREEMENT; AMENDMENT. This Agreement and any attached exhibits constitute the entire agreement between the City and Spirit and supersede any and all other written or oral agreements between the parties related to the subject matter contained herein. This Agreement can be modified or amended only by written agreement signed by the parties or as otherwise stated in the agreement or exhibits. 19. APPLICABLE LAW. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. Spirit of the takes Festival, Inc. Mark Hanus, Board Chair CITY OF MOUND Mark Wegscheid, Mayor Attest: -5P5- Catherine Pausche, Clerk Exhibit A The Spirit of the Lakes Festival, Inc. to provide the service of the organization of the annual community festival to include a multi -day event which shall fall generally on the third Saturday of July each year. These services may change from time to time as the festival evolves and interests change at the sole discretion of the Spirit of the Lakes Festival, Inc. Live Entertainment Major Bands Nightly Kids Activities Kids Crafts & Coloring Contests Food Court Variety of Beverage Options Beach Bar / Tiki Bar Grand Parade Brewfest Tastings Wine Pairing Money Mound Business Showcase Arts & Crafts Festival Car Show Dance WakeSurfing Event Fire Dancers Fireworks -5q6- EXHIBIT B The City of Mound and/or its designees shall provide the following in-kind contributions to the annual community festival. These contributions may change from time to time as the festival evolves and needs change or the City's willingness or ability to perform the services changes, at the sole direction of the City. Administration • Use letters provided by Spirit and notify the following: (city hall staff has these address labels) o Beachwood neighbors o Chapman Place residents o Highland, Idlewood, Hawthorne and Oaklawn for parade staging • Provide a list of major consultants and contractors used by the city to include name of firm, primary contact, address, phone, and email (if available) to the Spirit of the Lakes festival board chair by January 1 of each year. • Meet with Board members, pertinent committee chairs, city staff, Orono PD, about layout, including discussion on power availability and power needs • Community Development Director serves as staff liaison for special event permitting • Community Development Director to attend final planning meeting and logistics coordination meeting, post -event feedback session • Director of Finance and Administrative Services serves as staff liaison for insurance and temporary liquor licensing Public Works - prior to event • Place banners throughout town 30 days prior to event • Put up over -road banner 30 days prior to event • Prepare park spaces for the event beginning week prior; trimmed, edged, mown • Attend final planning meeting and logistics coordination meeting • Lay out electrical cords and spider boxes • Assist with electrical hookup for vendors/exhibitors, and performers • Close roads, lots and post barricades for parking, parade route and staging (cones with signs, too) • Supervise and assist with unloading of Spirit supply truck on Friday Morning • Pick up bar tables and benches from Brent Grabow • Pick up Clubcar and UTV units from donors • Set up tablesibenches near beer tent • Set up show mobile stage • Set up risers for show mobile • Put together dance floor • Put up dance floor twinkle lights • Set-up bleachers • Set-up tents and tables for food court -507- Public Works - during event • Sweep and clean-up roads after parade, remove route closure • Supervise/maintain electric set-up for vendors/exhibitors/performers • Adjust street and parking closure barricades as necessary for event schedule • Trash removal • Assist with special tastings set-up • Grounds clean-up and table wipe down each morning • Assist, if possible, when asked by any spirit board member • Set-up and relocate bleachers as needed • assist with set-up and tear down of boots and badges Public Works - after event • Recover street and parking lot barricades and signage, restore normal traffic circulation • Recover electric distribution appliances and equipment • Inspect grounds following event to determine return of deposit funds (currently no deposit) • Complete tear down and clean-up of park grounds after the event on Saturday Night and Sunday Morning • Return tables and benches • Return risers and bleachers • Recover show stage to storage • Disassemble show dance floor • Remove/store twinkle lights • Attend post festival feedback session Orono Police Department • Overnight patrol for park on Friday night • Traffic control for parade on Saturday morning • Parking control along 110 at Surfside Friday night and Saturday morning before parade • Traffic control at the intersection of Bartlett and Commerce, to allow foot traffic to cross & to control vehicle traffic, Sat before and after parade, after fireworks on Sat night • Staff ERU in Surfside parking lot —ERU will be in the lot and occasionally staffed, personnel will be on site of the event, but may not be in the ERU • Patrol park at all times, with a higher number of officers particularly in the evenings and at times deemed by PD to have a heavier need • Attend post festival feedback session Mound Fire Department • Review and process the Fireworks Permit and License (Fire Chief/Fire Marshal) • Meet with SOL Committee and Fireworks Display Staff, to coordinate the Fireworks Implementation Plan, including the creation of a well thought out plan to insure compliance with all Fire Code Laws and Life Safety Initiatives • Provide "Firefighter Staff and Fire Apparatus" standby support (on land) at the fireworks event in the case of a fire or medical emergency • Participate in the SOL Parade: a. By having firefighters staffed Polaris 6 -wheeler roaming within the parade route available and ready in the event of a medical emergency during the parade b. By having fire apparatus as parade entries, located in front of the parade ready and available to respond to community emergencies • Provide miscellaneous equipment to support SOL activities as necessary - i.e. PA System, Wooden Tiki Bar, and backup generator power • Attend post festival feedback session Liquor Store January • Order beer trailer March • Set meeting with Beer & Joy members to see who is on board • Meet with Thorpe to discuss possible products to offer @ Spirit • Contact volunteer groups to confirm bar tending commitment • Line up production of Surfside brew & set release date April • Start setting up wine & beer events • Solicit featured wine list form Wine Merchants • All breweries need to be contacted to determine who is interested • Products from each brewery need to be selected • Line up @ bar product samplings & Shock Top parade unit • Set bar pricing • Present all ideas to the Spirit board • Order roadside banners • Order Red Bull bars & other promotional items June • Create beer & wine event menus • Submit info for wine & beer tasting events to person in charge of producing tickets • Order Red Bull products • Set up relationship with Spirit and pop vendor that guarantees returns (may be first year only) • Create & order bar menus with pricing • Order ice freezer • Organize & execute Surfside release party @ Harbor & Dakota Junction • Solicit prizes to give out at Festival July -Week of event • Wednesday - Receive beer trailer -509- Friday - On grounds @ 8am Help set up Spirit bar and grounds Decorate Tiki and main bar Organize products & prepare main bar for volunteer bartenders Close down at end of night & make sure all goods are secured Set @ bar sampling promotions Set up, execute & tear down Brewfest Help maintain stock for both bars Prize giveaways Tear down & secure all products @ end of the evening Saturday Basically the same as Friday except the following; Set up & help maintain Mid Brew Tent in food court Host multiple wine samplings At end of evening sort and secure all alcoholic & non-alcoholic products Any unsold broken cases of alcoholic product must be taken back to HWS Some non-alcoholic products may be bought back to HWS and some may be processed and stored by Spirit Post event e Complete liquor liability insurance audit e Manage alcoholic product returns and create invoice/reconciliation for Spirit ® Attend post festival feedback session -510- EXHIBIT C E nsuir IIInce Pol ey Lnmnts Requa red By the City ®f Mound. General Liability: $1,000,000 Each Occurrence $1,000,000 Personal Injury/Advertising Injury $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate $100,000 Damage to Rented Premises $5,000 Medical Payments (optional) tltlorkers' Comigensation. $100,000 Each Accident $500,000 Policy Limit $100,000 Each Disease Statutory Limits Apply Umbrella/Excess Liability: $1,000,000 Each Occurrence and Annual Aggregate -511- MEMORANDUM February 18, 2016 To: City Mayor and City Council From: Catherine Pausche Director of Finance and Administrative Services Re: Governmental Accounting Standards Board The Governmental Accounting Standards Board (GASB) is the independent organization that establishes and improves standards of accounting and financial reporting for U.S. state and local governments. Established in 1984 by agreement of the Financial Accounting Foundation (FAF), a private sector, not -for profit organization, and 10 national associations of state and local government officials, the GASB is recognized by governments, the accounting industry, and the capital markets as the official source of generally accepted accounting principles (GAAP) for state and local governments. Its standards are not federal laws or regulations and the organization does not have enforcement authority. Compliance with GASB's standards, however, is enforced through the laws of some individual states and through the audit process, when auditors render opinions on the fairness of financial statement presentations in conformity with GAAP. The City's Comprehensive Annual Financial Report is prepared in accordance with accounting standards generally accepted in the United States and the City pays for an independent audit where the auditors express an opinion on the fairness, in all material respects, of the financial position of the government and business -type activities. For the past 27 years, the City has applied for and received the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting (CAFR). The GFOA established the CAFR program in 1945 to encourage and assist state and local governments to go beyond the minimum requirements of generally accepted accounting principles to prepare comprehensive annual financial reports that evidence the spirit of transparency and full disclosure and then to recognize individual governments that succeed in achieving that goal. The goal of the program is not to assess the financial health of participating governments, but rather to ensure that users of their financial statements have the information they need to do so themselves. -512- In recent years, new GASB pronouncements have led to additional costs in order to comply. In the case of GASB 45 and 67/68, the relevance and value of the information is questionable, which calls into question whether compliance for a city the size of Mound is warranted. Per Stacie Kvilvang, our financial consultant from Ehler's and Associates, no longer obtaining the CAFR will have no impact on our bond rating. The auditor's would have to issue a modified opinion, but once again, the relevance of the omitted information is questionable and the City would continue to produce the Comprehensive Annual Financial Report in accordance with the other generally accepted accounting principles. The financial report would specifically identity which GASB pronouncements were not implemented and give reasons for doing so. Failure to implement all GASB standards would disqualify the City from obtaining the CAFR certificate. The main reason for taking this approach is savings, which can be summarized as follows: Government Finance Officers Assoc Annual Membership Dues (2015): $ 170 Certificate of Achievement Application Fee (Annual) $ 435 GASB 67 Actuarial Reporting for Volunteer Fire Relief Association $1,200 - 2,700 GASB 45 Post Retirement Medical Plan Actuarial Valuation (biannual) $1,800 GASB 67/68 Implementation - one time additional audit fees $1,500 This change would result in a minimum of $2,705 in savings in financial statement preparation costs, depending on the year. Although ending a long-standing tradition in obtaining the CAFR award and choosing not to implement all generally accepted accounting principles should not be taken lightly, Staff believes professional discernment of the value of information derived from the standards is more appropriate than blind compliance. In the case of the GASB 67, the City/Voluntary Fire Relief Association complies with the standards set by State of Minnesota statutes for pension funding valuations which ensures eligibility for state aid. GASB 45 essentially deals with retiree medical liabilities because per MN State Statute, retirees are allowed to stay on the City's medical insurance policy at their own expense, which effectively may impact clauns experience and the premiums for all employees. It should be noted the City currently pays the health insurance premiums for five retirees or spouses of retirees who grandfathered in before the post retirement medical benefit was eliminated in the 1980's. The City's expense for post retirement medical premiums is $24,090 in 2016. This future unfunded liability is reported in Note 5 Postemployment Benefits Other than Pensions of the financial statements, a copy of which is attached. In addition, other materials and information have been provided for the Council's consideration. The Council is requested to direct staff to prepare a resolution authorizing staff to no longer purse the CAFR certificate in light of the cost of compliance with certain GASB pronouncements or to direct staff to continue with the program and solicit quotes for the required actuarial valuations for GASB 45 and 67. -513- CITY OF MOUND, MINNESOTA NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2014 Note 5: POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS A. Plan description The City's defined benefit healthcare plan ("the Retiree Health Plan") provides healthcare insurance for eligible retirees and their spouses. The Retiree Health Plan is affiliated with the healthcare plan administered through LOGIS, an agent multiple -employer postemployment healthcare plan. LOGIS is a consortium of Minnesota local government units controlled by its members. LOGIS' Board of Directors is composed of one representative from each agency. LOGIS issues a publicly available financial report that includes financial statements and required supplementary information for the health plan. That report may be obtained by writing to LOGIS, 5750 Duluth Street, Golden Valley, MN 55422, or by calling (763) 543-2600. B. Funding policy The contribution requirements of plan members and the City are established and may be amended by LOGIS' Board of Directors. The required contributions are based on projected pay-as-you-go financing requirements. The City contributed $49,761 to the plan for the year ended December 31, 2014. As of January 1, 2014, there were five retirees receiving health benefits from the plan. C. Annual other postemployment benefit cost The City's annual other postemployment benefit (OPEB) cost (expense) is calculated based on the annual required contribution of the employer (ARC) of the City, an amount actuarially determined in accordance with the parameters of GASB Statement No. 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal cost each year and to amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed thirty years. The following table shows the components of the City's annual OPEB cost for the year, the amount actually contributed to the plan, and changes in the City's net OPEB obligation: Annual required contribution $ 32,011 Interest on net OPEB obligation 5,451 Adjustment to annual required contribution (4,574) Annual OPEB cost (expense) 32,888 Contributions made (49,761) Increase in net OPEB obligation (16,873) Net OPEB obligation - January 1 121,154 Net OPEB obligation - December 31 $ 104.281 The City's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for the years ended December 31, 2014, 2013, and 2012 follows: Trend Information Percentage Year Annual Annual OPEB Net OPEB Ending OPEB Cost Contributed Obligation 12/31/14 12/31/13 12/31/12 -514- 32,888 151.30 % $ 104,281 68,436 64.38 121,154 67,086 73.40 96,775 CITY OF MOUND, MINNESOTA NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2014 Note 5: POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS - CONTINUED D. Funded status and funding progress As of January 1, 2014, the most recent actuarial valuation date, the actuarial accrued liability for benefits was $452,985, all of which was unfunded. The covered payroll (annual payroll of active employees covered by the plan) was $1,703,418, and the ratio of the unfunded actuarial accrued liability to the covered payroll was 26.6 percent. Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revision as actual results are comparedit act d expectations and new estimates are made about the future. The schedule of funding progress, p req supplementary information following the notes to the financial statements, presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. E. Actuarial methods and assumptions Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations. In the January 1, 2014 actuarial valuation, the projected unit credit actuarial cost method was used. The actuarial assumptions include a 4.5 percent discount rate and a 3.00 percent inflation rate.. The initial healthcare trend rate was 9.0 percent, reduced by decrements to an ultimate rate of 5.0 percent after ten years. The unfunded actuarial accrued liability (UAAL) is being amortized as a level percentage of projected payroll on an open basis. The remaining amortization period at December 31, 2014 was 30 years. -515- Minnesota Counties and Cities Recipients of the 2013 GF®A Certificate of Achievement for Excellence in Financial Reporting (and # of awards to date) City of Hermantown 5 City of Victoria Anoka County 27 City of Hopkins 26 City of Waconla Blue Earth County 27 21 City of Wadena Carver County 18 City of Hugo City of Hutchinson 18 City of Waseca Chisago County 1 City of Inver Grove Heights 28 Clry of West St. Paul City of Albert Lea 31 City of Lake Elmo 1 City of White Bear Lake City of Albertville 6 City of Lakeville 26 City of Winona City of Andover 12 i City of Uno Lakes 19 City of Woodbury City of Anoka 34 City of Luverne 20 City of Worthington City of Apple Valley 3 City of Mahtomedl 23 Crow Wing County City of Arden Hills 8 ' City of Mankato 29 Dakota County City of Austin 33 ' City of Maple Grove 30 Dakota County Community Development Agency City of Baxter 3 City of Maplewood 35 Grand Rapids Public Utilities Commission City of Blaine 32 1 city of Minneapolis 40 Hennepin County City of Bloomington 43 ' ' Housing and Redevelopment Authority of the City of Saint Paul City of Minnetonka 33 City of Brainerd 21 City of Minnetrista to lsanti County City of Brooklyn Center 33 City of Monticello 5 Metropolitan Council of the Twin Cities Area City of Brooklyn Park 38 City of Moorhead 31 Minneapolis -St. Paul Metropolitan Airports Commission City of Burnsville 19 City of Mound 26 Minnesota Sports Facilities Authority City of Cambridge 12 City of Mounds View 19 Minnesota State Lottery City of Champlin 25 City of New Brighton 24 Minnesota State Retirement System City of Chanhassen 22 City of New Hope 23 Minnesota Teachers Retirement Association :Ity of Chaska 25 City of North Mankato 28 Minnesota Valley Transit Authority City of Cloquet 8 City of North Saint Paul 27 Olmsted County City of Columbia Heights 24 i City of Northfield 7 Public Employees Retirement Association of Minnesota City of Coon Rapids 38 • City of Oakdale 24 Public Housing Agency of the City of Saint Paul City of Cottage Grove 24 25 Ramsey County City of Crystal 20 City of Orono City of Otsego 2 Rice County City of Deephaven 21 3 Scott County City of Owatonna City of Detroit Lakes 28 City of Plymouth 35 Sherburne County City of Duluth 39 City of Ramsey 28 SouthWest Transit City of Eagan 33 City of Red Wing 6 St. Louis County City of East Grand Forks 22 City of Richfield 36 State of Minnesota City of Eden Prairie 23 city of Robbinsdate 35 Three Rivers Park District City of Edina 8 City of Rochester 41 Washington County City of Elk River 25 City of Rosemount � 16 Washington County Housing and Redevelopment Authority City of Fairmont 23 City of Roseville 35 Western Lake Superior Sanitary District City of Falcon Heights 24 City of Saint Paul 39 White Bear Lake Area Schools Independent School District #624 City of Faribault 23 City of Savage 17 White Bear Township City of Farmington S City of Shakopee 30 City of Fergus Falls 23 City of Shoreview 29 City of Forest Lake 9 City of Shorewood 22 City of Fridley 34 City of South St. Paul 16 City of Golden Valley 26 city of St. Cloud 33 City of Goodvlew 32 City of St. Francis 3 1ty of Grand Rapids 22 City of St. Louis Park 35 City of Ham Lake 8 City of St. Michael 11 City of Hastings 18 city of Stewartville 77 -516— 16— City of Stillwater City of Vadnals Heights 5 Catherine Pausche From: Steven R. McDonald [steven.mcdonald@aemcpas.comj Sent: Friday, January 22, 2016 2:17 PM To: Catherine Pausche Cc: Noah Iverson Subject: Re: CAFR Hi Catherine, while the gasb 68 requirements remain regardless of participation in the certificate program, the Osa has indicated they would accept the GAAP departure. You would get a modified opinion but there isn't a lot of analysis that falls from numbers derived from the disclosure. As for exclusive, your observation is consistent with mine. Any city that puts the effort into accumulating the tables and paying the fee will get the award. Also since we draft the report, we have a system of quality control that the structure of the award is intended to provide. The main positive that I see is the accumulation of metrics in the statistical tables. This ensures that common performance indicators are kept up. You may still want to do the stat tables regardless. In the end I see that whether you participate or not, the quality of the report will not change. The tools for analysis will not change. The main question will be how much subjective value the council puts on having the award. Let me know if you are looking for more. Sent from my iPhone On Jan 21, 2016, at 4:15 PM, Catherine Pausche <catherinepausche cityofmound.com> wrote: Hi Steve, GASB 68 feels like the final tipping point to me that we should consider not applying for the Certificate of Achievement for Excellence in Financial Reporting. I plan to present the pros and cons to the Council and let them decide. I have asked Ehlers to tell me how much bearing they estimate this award has on the bond rating. Can you let me know what are the considerations from your perspective that we should keep in mind? 1 have always been told it is "exclusive" but I wonder if that is because many cities don't even go for it. Thank you, bit''f h� <imageool. jpg> CatFerine Pausche Director of Finance and Administration, City of Mound 2415 Wilshire Boulevard, Mound, MN 55364 Phone: 952.472.0633 Fax: 952.472.0620 Email: catherinepausche@cityofmound.com City Hall is open Mon - Fri 8:00 a.m. to 4:30 p.m. November through April information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. -517- GASB 67/68 for MN Fire Relief Associations What You Need to KnowO Governmental Accounting Standards Board (GASB) statements 67 and 68 are nearing implementation and promise to significantly impact the financial statements of Volunteer Fire Relief Associations (VFRAs) and their sponsoring cities. Both should start preparing now for the consequences of the new accounting rules. What are they? GASB 67 and 68 are accounting standards that fundamentally change how pension costs are reported on financial statements. GASB 67 applies to pension plans (relief associations) while GASB 68 applies to employers (cities). When do they appy? GASB 67 applies for VFRA's in 2014, and GASB 68 applies for cities in 2015. What's changing? Accounting and funding are officially separated. Calculation of the pension liability and expense for financial reporting purposes is now based on different methods and assumptions than the MN statutory funding rules. ®o need to compy? It depends on how important a clean audit opinion is to you. If a plan or employer fails to adopt GASB 67/68 reporting on their financial statements, it will likely trigger a qualified audit opinion depending on the materiality. From the VFRA viewpoint, a qualified audit opinion may not cause much alarm because it shouldn't impact your ability to receive State aid. However ... a qualified audit opinion will make it difficult for a city to receive the GFOA Certificate of Achievement for Excellence in Financial Reporting. It will be up to the leadership of each organization to assess the value of a clean audit opinion in deciding whether to comply with GASB 67/68. Wait! Cant � dust use my It's unlikely either of these options will be acceptable because the GASB current SC foam or mandated assumptions and actuarial methods are substantially different. The actuarW report? only way to know whether your statutory funding numbers are close enough to the GASB values is to perform an actuarial valuation. What should p do now? We recommend the following compliance strategy: 1. The city and VFRA should each consult with their auditors to decide how important it is to receive clean audit opinions on their financial statements. 2. If either entity wants to comply with GASB 67/68, then you will need to find an actuary to complete the study and negotiate who will pay for it. [Note: an actuarial report, especially for lump sum plans, should be very affordable) 3. A full actuarial study is required every two years, but the GASB rules require an off-year update to reflect new asset values in the intervening year. =- . -518- 10/24/2014 www.vaniwaarden.com Lie are actuarial report Comparison of Funding versus Accounting Valuations For October 28, 2015 meeting with Mound Firemen's Relief Association -519- Funding Valuation .: Accounting Valuation Purpose Comply with MN statutes to qualify for State Aid and Provide information to be reported in City's CAFR Municipal contributions Discount Rate for Liabilities MN statutes require 5% Based on asset portfolio mix and investment policy Amortization of unfunded liability • Actuarial gains/losses • Assumption changes • Asset gains/losses • Plan amendments • 10 years for losses • 20 years • 10 years for losses • 20 years • Average remaining service • Average remaining service • 5 years • Immediate recognition of plan amendment changes Valuation Frequency Biennial Annual City's accounting expense Based on contributions Based on service cost and new amortization periods Asset reporting Minimal reporting Need assets by category and dates and amount of each - transaction -519- 2415 Wilshire Boulevard Mound, MN 55364 (952) 472-0604 To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: February 18, 2016 Ree 2016 Moonlight Trail Night Special Event Overview. Karen King, on behalf of Westonka Community & Commerce (WCC), submitted Public Gathering Permit and Musical Concert Permit applications for the 2016 Moonlight Trail Night being held on the Dakota Trail on Saturday, March 5, 2016 from 5:00 p.m. to 8:00 p.m. Details about the upcoming event are outlined in the permit application and supporting materials that were submitted by the applicant. Some highlights about the event are summarized below: The 7th Annual Moonlight Trail Night will be similar to previous years and will include snowshoeing, cross country skiing, and walking on the Dakota Trail to and from the Minnetonka Drive Inn to Westedge Boulevard. Council members are advised that the bonfire that was mentioned in the application will not be held. The WCC has also added a food truck to this year's event. o Expected attendance is 300+ people. Approximately 200 vehicles are expected for the event with the majority of the parking taking place at the Transit District parking deck; also possibly in the public spaces along Auditors Road. © A reduced Public Gathering Permit fee of $150.00 is recommended for Moonlight Trail Night because this is a community event that serves a public purpose and benefits Mound. ® One portable restroom is being ordered for the event and will be set up on the south side of the Dakota Trail in the Harbor District. Per the applicant's submitted information, restrooms will also be available for use at Dakota Junction and the Minnetonka Drive Inn. Applicant is advised that the public restrooms in the Transit District are closed for the winter. 0 The band will be staged in the Harbor District. o The applicant has also been in contact with the Public Works Department, the Orono Police Department including coordination activities and personnel/equipment needs; also the Mound Fire Department related to assistance and permitting. o A temporary sign permit was submitted and is under review. WCC has requested approval for placement on the decorative fence at Mound Market Place and have provided property owner and tenant permission. ® Staff contacted Hennepin County Transportation and Three Rivers Park District to inform them of the annual event. Staff was notified that a permit will not be required from Hennepin County Transportation for the event . Three Rivers Park District is aware of the event and will be issuing a permit for use of the trail. o The applicant has been requested to contact the Hennepin County Health Department about the permit required for the event related to food/beverages that may be sery ed; also the food truck. ® A certificate of insurance, naming the City of Mound as an additional insured, was submitted to the City of Mound. Recommendation. A resolution has been prepared for consideration and action by the Council, subject to conditions. Staff recommends approval including a reduced Public Gathering Permit fee of $150.00. 1. Applicant shall be responsible for procurement of all required public agency permits that are needed to hold the event (i.e., Hennepin County Transportation Department, Three Rivers Park District, etc.) 2. Applicant shall be responsible for obtaining a temporary sign permit, including payment of the $25.00 fee. Special event signage shall be subject to the provisions of Code Section 119-(i) (6). Applicant is responsible for removal of all signage following the event. 3. Applicant shall work with the Orono Police Department, the Mound Fire Department and Public Works Department regarding logistics for the upcoming event including, but not limited to, equipment and personnel needs, site set-up and staging, traffic/pedestrian control and circulation, etc. Applicant is responsible for payment of fees for public safety or public services that may apply. 4. Applicant shall be responsible for obtaining a musical concert permit, including payment of the $100.00 fee. Amplified music, speakers and PA/sound systems are to be directed in the direction best suited to minimize impact upon neighbors as determined by the City Manager or designee. Applicant shall work with Staff on the final plan for layout and set-up of the stage and equipment. c Page 2 -521- 5. Applicant shall work with Staff on the final site plan for the event, including but not limited to, portable restroom location(s), locations for the band/food truck; also equipment/electrical needs. 6. Applicant shall be responsible for obtaining a burn and/or tent permit from the Mound Fire Department, if needed. • Page 3 -522- CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR 2016 MOONLIGHT TRAIL NIGHT WITH A REDUCED PUBLIC GATHERING PERMIT FEE DUE TO PUBLIC PURPOSE OF GATHERING WHEREAS, on December 9, 2014, the City Council of the City of Mound adopted Resolution 14-111 to establish its fee schedule for 2015 ("Fee Schedule"); and WHEREAS, the Fee Schedule set a Public Gathering Permit fee range from $300-600 per day with the actual amount to be determined by the City Manager and City Staff upon receipt of the permit application stating the specific use and requirements of the City for the proposed public gathering; and WHEREAS, pursuant to the requirements of City Code of Ordinances, Section 50-20, on February 3, 2016, Karen King, on behalf of Westonka Community & Commerce (WCC), submitted Public Gathering Permit and Musical Concert Permit applications for the 2016 Moonlight Trail Night special event to be held on Saturday, March 5, 2016, on the Dakota Regional Rail Trail and downtown Mound; and WHEREAS, City Staff has reviewed said application and has recommended reasonable conditions to protect the public's investment in its public parks and common areas as set forth in a staff memo to the City Council dated February 18, 2016 ("Conditions"); and WHEREAS, the City Manager and City Staff desire to waive a portion of said fee and to charge a reduced fee of $150.00 for the proposed public gathering because it is a public event that benefits the community as a whole. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as follows: 1. The recitals set forth above are incorporated into this Resolution. 2. A reduced Public Gathering Permit fee of $150.00 is in the public interest due to the overwhelming public benefits and extremely limited demands on city resources arising from the 2016 Moonlight Trail Night special event. 3. The Public Gathering Permit and Musical Concert Permit for the 2016 Moonlight Trail Night are hereby approved with Conditions. Passed by the City Council this 23rd day of February, 2016. Attest: Catherine Pausche, Clerk -523- Mayor Mark Wegscheid (CITY OF MOUND 53411 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC OA')<'H ERK1`1G PERMIT Use of a public park or commons by any group consisting of 15 or more individu0s. Use is not to interfere with traffic and general use of the park or commons or to be beyond the ability of the police in maintaining order. IVO1i,1(OUOIE� ®l1� 1{$lElEfl� MAY I�IE USIEI<D 1<l`J AIRY OIF TEIIE CITY PA1XS OR BUILDINGS. Group is to remove all litter and trash and provide a deposit to insure cleaning up of the park area. PERMIT FEE: $300/DAY TO $600/DAY* DAMAGE DEPOSIT: $500 TO $1000/DAY* *Permit fee and damage deposit amount to be determined by City Manager and City Staff upon receipt of app9ication stating specific use and requirements. Date(s) of Use ) ' rq'o�� .Area to be Used ' C Time Frame Intended U e= Expected Attendance Organization Representa//tiv Address CU t� rJ 64 Telephone No. 1 tNork: �..3��v�� Drivers License Number -524- Departmental Approval City Clerk Police Dept. Park Dept. Fire Dept. r $100/day CITY OF MOUND 2415 WILSHIRE BLVD. MOUND, MINNESOTA 55364 Date of Musical Concert LICENSE # MUSICICAL CONCERT PERMIT APPLICATION (Including, but not limited to, live music, music provided by a disc jockey, and/or any type of amplified music) _ EVENT: LOCATION OF MUSICAL CONCERT: TYPE OF MUSICICAL CONCERT: �J TIME PERIOD OF MUSICAL CONCERT PAM (HOURS PERMITTED: Mon - Sun: 7:00 am - 0:00 pm) REQUESTED EXTENSION OF HOURS: (Council approval must be received to conduct a musical concert after 10:00 pm) APPLICANT. CONTACT: 1 ADDRESS: � �.�{diGf� l:t ADDRESS: Fauy Mi 1P• Dat WORK PHONE #: Inol`? 0 Appli ant's Signature 2 Department Review Approved Denied Police Dept. Adm. Fire Dent. _,�� ar�g,-�a�Ware.'. _ .. � ,• j:. r �_�•--�..�r�—' � i �4a l ► E.+ _ I_ i .� �•_. i" +,' C �� �.�„ � i7 � in.$ �.�„y.... 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Present: Commissioners Travis Mills, Derek Goddard, Shawn Seiler, Council Representative Heidi Gesch Absent: None Others Present: City Manager and Director of Public Works Eric Hoversten Public Present: None 1. Call to Order The meeting was called to order at 7:01 p.m. 2. Oath of Office by City Manager Eric Hoversten City Manager Eric Hoversten swore in Shawn Seiler as new Parks and Open Spaces Commissioner. 3. Election of Officers for 2016 A. Chair MOTION by Gesch, seconded by Seiler, to nominate Travis Mills for Chair. All voted in favor. Motion carried. B. Vice Chair MOTION by Gesch, seconded by Seiler, to nominate Derek Goddard for Vice Chair. All voted in favor. Motion carried. 4. Roll Call S. Approval of Agenda MOTION by Gesch, seconded by Goddard, to approve agenda. All voted in favor. Motion carried. 6. Approval of Dec 10, 2015, Minutes MOTION by Gesch, seconded by Seiler, to approve minutes. All voted in favor. Motion carried. 7. Comments and Suggestions from Citizens Present: None S. Review Work Rules MOTION by Goddard, seconded by Gesch, to accept work rules as published. All voted in favor. Motion carried. 9. Create and Review 2016 Calendar Commissioners agreed calendar looks good. Gesch will try to get in contact with Nettles to discuss grant writing for tennis courts. -530- Mound POSC Meeting Minutes Jan 14, 2016 Hoversten said that the Westonka schools have received money from proceeds from Target Field and other downtown sports facilities. This money is earmarked for youth sports programs for schools not in the downtown Minneapolis area. Tennis association grants are more geared towards making tennis more accessible to youth. Hennepin Youth Sports Program supports more of a variety of sports. Mills would like to put grant writing discussion on the February meeting agenda. Hoversten recommends the commission does not hold a March meeting, instead, holding a June meeting. This will prepare the commission for budget prep which takes place in July. Gesch suggests commission make the March meeting "as needed," but also add a June meeting to cover budget discussion. Gesch said that the Westonka Soccer Club (Dale Coopman) will contact Hoversten to talk about donations for parks. This would go on the agenda when necessary. Commission decided to have meetings in Oct., Nov., and Dec., to take care of any business for end -of -year. MOTION by Gesch, seconded by Seiler, to accept the preliminary calendar, adding grants discussion to February, changing March's meeting to" schedule as needed," adding discussion of budget in June, and knowing that October, November, and December will have meetings. All voted in favor. Motion carried. 10. Reports: City Council Representative Gesch reported that soccer club has reached out to Mayor Wegscheid and the soccer club will contact Hoversten. Gesch also reported that the Pipekorns (local veterinarians) are still working to get a dog park (off -leash) in the area. Dr. Piepkorn will also work with Minnetrista as they have more land than Mound. Commissioner Comments - None 11. Adloairn MOTION by Mills, seconded by Goddard, to adjourn at 7:20 p.m. All voted in favor. Motion carried. Submitted by: Mary Mackres -531- 2/18/16 To: All LMCC Member Cities and the City of Mound From: Jim Lundberg, Operations Manager Reason: Addition of HD Channel After years of negotiations and discussion with Mediacom, the Lake Minnetonka Communications Commission is pleased to announce the addition of our first High Definition channel! It will be channel 808 as found on Mediacom's HD Local Plus TV tier and we plan on having this channel up and running as of April 1St, 2016! We're very pleased and proud to have our HD channel found alongside other local broadcast stations such as WCCO(804), KSTP(805), KMSP(809) and KARE(811) here in the Lake Area. Our HD channel 808 will air LMCC Member City government meetings and LMCC Commission meetings in crisp, clear high definition. If you don't have access to a high definition television set, don't worry! We will continue to broadcast the same meetings in standard definition on channel 8 on Mediacom's cable system here in the Lake Area. There will be a couple of changes to our line up on channels 8 and HD808 that we would like to make you aware of. The first, is the moving of Mound City Council meetings from channel 8 to channel 20. This is being done until the City of Mound has an opportunity to upgrade their recording capabilities to high definition. As this will not happen in the near future, the move to standard definition channel 20 is necessary. Also, the Lake Minnetonka Communications Commission meetings are already being recorded in high definition and therefore will be moved from channel 20 to channels 8 and HD808. These channel moves will coincide with the startup of our HD channel 808 and will begin on April 1St, 2016. The City of Maple Plain, which will be leaving the LMCC at the end of this year, will remain on channel 20. Please take a moment in your next City Council meeting to announce this exciting improvement to the services provided by the LMCC to our Member Cities. If you or your City Council have any questions regarding this brief memo, please feel free to contact me at your convenience. Sincerely, Jim Lundberg Operations Manager Lake Minnetonka Communications Commission (952)471-7125 x104 -532- �estonka Westonka History Museum Westonka Historical Society 5341 Maywood Road P.O. Box 84 Mound MN 55364 Mound MN 55364 Open Saturdays 10-2 And by appointment westonkahistoricalsociety.org Donation requested $3 952-472-9800 2015-2016 History talks Saturdays, 11:00 -noon at Lake Minnetonka Shores (Presbyterian Homes) 4515 Shoreline Drive, Spring Park in the Chapel/Community Room (right of the lobby) Oct 10 "A Little Local History," Kathleen Marie, former reporter/producer for "Lake Country Currents" - videos from the early 1990s cable TV show Jan 9 "Indigenous inhabitants of our area of Hennepin County," Dean Sather, Minnesota History Center, St. Paul Feb 13 "Product Design at Tonka Toys," Ron Pauly - with a focus on his time there from Jan 1965 to Apr 1983 Mar 12 "Mathias S. Cook," Mary McKenzie - Early settler, built hotel on bay which took his name, Cook's Bay Apr 9 "Who Gets Grandma's Yellow Pie Plate?" Cathy Bailey - How to plan for the distribution of your non -titled property... your life treasures! May 14 "Boathouses of Lake Minnetonka," Mary McKenzie, an introductory history of boathouses from the 1880s to today An afternoon of Cocktails, Coffee, Dessert and a Duo at Burl Oaks Golf Club February 21, 1-3 p.m. A vocalist and pianist will perform a broad variety of tunes from the Great American Song Book. Vocalist Baibi Vegners, MWHS `78, who performs with the Splatter Sisters and with the Loose Cannon rock band will be accompanied by pianist Dan Wascoe who, has played in venues as varied as a cruise ship, hotels, and the Minnesota governor's office to name just a few. As a duo since 2007, they have appeared at venues in Minnesota as well as Florida and New Mexico. $20 tickets for sale at the history museum, starting Jan. 2. A fundraiser for your local Westonka History Museum. Great Holiday gift!! Door prizes. Cash bar. 11.2015 9 A Fundraiser 1-3 p.m. Sunday, February 21, 2016 featuring "Nuance /a duo" Cocktails, Coffee, Dessertand a Duo Westonka Historical Society presents "Nuance / a duo" with vocals by Baibi Vegners and piano by Dan Wascoe. Featured music from the Great American Songbook will include Gershwin, Berlin, ScottJoplin and other popular composers. Location: Burl Oaks Golf Club in Minnetrista I • February 21, 2016 1-3 pm Tickets $20 per person includes coffee and dessert A cash bar is available. This fundraiser is your opportunity to support your Westonka History Museum at 5341 Maywood Road in Mound To purchase tickets, come to the museum Saturdays from 10am-2pm or mail your check to: Westonka Historical Society PO Box 84 !�+ Mound, MN 55364 Call 952-472-9800 if any questions. CITY OF MOUND --- City Manager 2415 Wilshire Blvd Mound, MN 55364 TO: City Council FROM: Eric Hoversten, City Manager DATE: Feb 19, 2016 SUBJECT: New Vehicle Purchase: Emergency Prep, Code Enforcement, Fire Duty LOCATION: City Hall REQUEST: Council approve funding in excess of budgeted amount to purchase a new vehicle for use by Emergency Preparedness, and Code Enforcement with added after- hours uses by the Area Fire Service at total cost of $27,100. The present vehicle used for Emergency Preparedness and Code Enforcement is aged and in need of replacement. Initial budget numbers submitted for 2016 to replace this vehicle ($22,000) were based on purchase of a used vehicle. Further analysis and consideration determined long term (7-10yr) financial cost risk would be lower if a new vehicle with warranty were purchased. Purchase of used vehicles comes with various unknown risks with potentially high cost implications — particularly with previously owned public -safety units. There are few low -miles, late - year units in the marketplace, most being older and high -mileage considering lifecycle breakeven points on these higher -priced vehicle -variants for the original owner. Further, the trade-in value at end -of -use of a vehicle purchased used contributes minimally to the future renewal costs. These are the same considerations we use when purchasing vehicles for all other departments, this use and financial outlook should be similarly informed. These factors combine to compel request for additional budget authorization necessary to purchase new with warranty. The Fire Dept has indicated that there are a number of addition co -use opportunities that would benefit that operation, and would compel their participation on cost to offset any unfunded budget balance after other possible sources are exhausted. These benefits would include use for weekend training travel in offset of mileage reimbursement, collection of EMTs after Ambu ride -along, and inclusion in the weekend Duty Officer program. Purchase details for the Public Safety Vehicle Package are provided below: Vehicle Price Quoted (inc options and discounts): $27,838 2004 Expedition Trade ($3,000) 1998 Taurus Trade ($1,500) Vehicle Subtotal $23,338 Lights and Siren $2,466 Console Unit $635 Graphics $650 Digging/outfitting Subtotal $3751 Total rolling vehicle cost $27,100 In addition to the trade in value from the current 2004 Ford Expedition, the City will include the 1998 Ford Taurus which sees little to no use but is a current financial liability for the City. The 2016 Approved Budget included $22,000 in capital expenditure for a vehicle to fulfill Emergency Preparedness and Code Enforcement uses split equally between these funds. The $5,100 cost difference will be offset by dollars pursued from three different sources: a. Request to the Crime Prevention Fund for participation to cover lights, siren, and marking costs that may provide benefit to crime prevention programs in the form of visibility, response capacity, and assisting during law enforcement, fire, and medical responses as appropriate. b. Identification of other Emergency Preparedness grant funding opportunities that may be usable for this purpose c. Funding participation from the Area Fire Service budget Rigging and outfitting of the vehicle will be completed following delivery by a third party. There is a substantial cost savings over customizing by the manufacturer. These rigging and outfitting costs are included in the new budget total of $27,100. Assembly of the Public Safety vehicle packages is done by the manufacturers in separate assembly line runs with pre -fixed ordering timelines. The purchase of the vehicle must be finalized with the dealer before 29 Feb 2016. Staff is seeking approval to increase budget authority for this capital item to allow for ordering prior that date. RECOMMENDATION The City Council for the City of Mound approv&d*resolutiah authorizing the City Manager to accept a quote from Boyer Ford as shown ill Exhjbit A and made a part here- jn for the purchase of the initial vehicle, and expenditures not to exceed $5,000 for final P 2 526b rigging and outfitting for use as an Emergency Preparedness, Code Enforcement, and Fire Duty vehicle ENCLOSURES: Boyer Ford Quote MCPA Grant Application (DRAFT) 3 526c CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION AUTHORIZING PURCHASE OF EMERGENCY PREPAREDNESS, CODE ENFORCEMENT, AND FIRE DUTY VEHICLE WHEREAS, The City of Mound Policy FIN -003 Procurement Policy was approved by the City Council on July 14, 2015; and WHEREAS, said policy requires advance Council approval for unbudgeted capital expenditures greater than $5,000; and WHEREAS, $22,000 was budgeted in 2016 for replacement of the current Emergency Preparedness and Code Enforcement Vehicle; and WHEREAS, lifecycle cost analysis determined that purchase of a new vehicle would be more advantageous to the city than purchasing used as originally proposed; and WHEREAS, State contract pricing for the vehicle and necessary rigging/outfitting as detailed below exceeds the budgeted total by $5,100; and WHEREAS, addition co -use opportunities that would benefit that operation, including use for weekend training travel in offset of mileage reimbursement, collection of EMTs after Ambu ride - along, and inclusion in the weekend Duty Officer program and would compel their participation on cost to offset any unfunded budget balance after other possible sources are exhausted; and WHEREAS, the overage will be offset by petition to the Crime Prevention fund, other grant opportunities being currently explored, and contribution from the Area Fire Service budget; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby authorizes the City Manager to accept a quote from Boyer Ford as shown in Exhibit A and made a part here -in for the purchase of the initial vehicle, and expenditures not to exceed $5,000 for final rigging and outfitting for use as an Emergency Preparedness, Code Enforcement, and Fire Duty vehicle. Adopted by the City Council this 23rd day of February, 2016. Attest: Catherine Pausche, Clerk 526d Mayor Mark \/Wegscheid CNGP530 VEHICLE ORDER 9/1 CONFIRMATION 01/26 11:5890( Dalr =:--> ----2016 EXPLORER 4 -DOOR - Page: 1 of : 5B Price Level: 64( order NO: 8888 Priority: C5 Ord FIN: QG753 order Tye: Ord Code: 500A Cust/Flt Name: CITY OF MOUND PO NumEer: RETAIL DLR INV K8A 4DR AWD POLICE RETAIL $30930 DLR INV $29306.00 87R RR VIEW MIR/CAM NC NC 112.6" WB FLEX FUEL SP FLT ACCT CR (404.00) UX 9 INGOT SILVER CLTH BKTS/VNL R FUEL CHARGE 4.18 945 945.00 ,,A) EBONY INTERIOR DEST AND DELIV TOTAL BASE AND OPTIONS 33175 31067.18 500A EQUIP GRP TOTAL 33175 31067.18 99R .PREM SINGLE CD .3.7L V6 TIVCT NC NC 'THIS IS NOT AN INVOICE* 44C 53M .6 -SPD AUTO TRAN SYNC SYSTEM NC 295 NC 276.00 3 S4 -� ��- r FRT LICENSE BKT NC NC 17T CARGO DOME LAMP so 49.00 2-9 18;x:100 WATT SIREN 300 HMO SIR 595 DRV LED SPT LMP KEYLESS W/O PAD 395 260 369.00 243.00 733S Fl=Help F2=Return to Order /pr F4=Submit FS=Add to Library 5099 - PRESS F4 TO SUBMIT 526e 2415 Wilshire Boulevard Mound, MN. 55364 (952) 472-0605 Memorandum To.- Mound Crime Prevention Association Froni: Field Officer Stewart, B. Simon. cc: Eric Hoversten, City Manager Date: February 19, 2016 Re: Vehicle Outfitting Grant Request To the Honorable Board of Directors-. The City of Mound employs one full-time Field Officer. The Field Officer is, a hybrid position, which replaced the previous Community Service Officer (CSO) position, benefits each of the City's operational departments. in addition to conducting code enforcement, inspections, and abaternent activities, the Field Officer fulfills the role of Emergency Management Coordinator (EMC) for the City Of Mound. As the EMC. the Field Officer is out in our community monitoring the outdoor waming siren system, conducting storm damage assessments, and assists to the Orono Police and Mound Fire Departments In addition, the Field Officer conducts community outreach, educating the public on emergency preparedness. The vehicle currently used by the Field Officer, a 2004 Ford Expedition previously owned and operated by the Mound Police Department, is at the end of its operational life. Staff, as part of the capital expenditure process, set aside funds for a replacernent emergency response vehicle. An appropriate replacement vehicle has been located; however, the total outfitted cost is approximately $5.100 beyond the amount approved by the capital expenditure budget. We are requesting $5,100 from the Mound, Crime Prevention Association, to help cover the costs associated with adding 1,ights, siren, and graphics to the new emergency response vehicle. We believe participation by the Mound Crime Prevention Association is mutually beneficial, in the form of visibility in our community, strengthening our response capacity, and providing continued support to our law enforcement, fire, and emergency medical response partners. On behalf of the City of Mound, I thank you for your consideration of our request, Sincerely. Stewart B. Simon Field Officer City of Mound 526f 2415 Wilshire Boulevard Mound, MN 55364 (952) 472-0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: February 23, 2016 Ree City Council Regular Agenda Item No. 11 - 2016 Moonlight Trail Night Special Event Following preparation of the agenda packet for the February 23, 2016 Mound City Council meeting, Staff was notified by Karen King, on behalf of Westonka Community & Commerce (WCC), that a new activity was being added to the list of activities for the 2016 Moonlight Trail Night to include a fire dancing act that will take place in the Auditors Road/Harbor District. February 23, 2016 City Council Agenda Regular Agenda Item No. 11 Pages 520-526 Additional Information � o m \\ _ 90 O— fD % —h N _ . 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