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2017-03-28 CC Agenda PacketPLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. MOUND CITY COUNCIL TUESDAY, MARCH 28, 2017 - 7:00 PM REGULAR MEETING MOUND CITY COUNCIL CHAMBERS *Consent A eg nda: 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. Opening meeting 2. Pledge of Allegiance 3. Approve agenda, with any amendments *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature, have been evaluated by staff, recommended by staff for approval by the Council, 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. At this time, anyone present who wishes to offer dissenting comment to any items on the Consent Agenda is invited to identify themselves and the item of concern so that the it may be removed from the Consent Agenda and considered after discussion in normal sequence. Separate introduction or further support from petitioners or requestors is not required at this time and removal of an item from the Consent Agenda for this purpose is not required or appropriate. Page 4. *Consent Agenda *A. Approve payment of claims 796-823 *B. Approve minutes: 3/14/17 regular meeting 824-826 *C. Approve Pay Request No. 6 from Ryan Contracting in the amount of 827-828 $80,480.91 for the 2016 Street, Utility and Retaining Wall Improvement Project; City Project Nos. PW -16-01, PW -16-02, PW -16-03, PW -16-04 *D. Approve Pay Request No. I from Widmer Construction in the amount 829-830 of $117,299.83 for the Island Park Watermain Loop project, City Project No. PW -15-10 *E. Approve Pay Request No. 2 from Pember Companies, Inc. in the amount of 831-832 $855.00 for the 2016 Lift Station Improvement Project, City Project No. PW -16-05 *F. Approve Resolution approving Change Order No. 3 in the amount of $40,097.75 833-836 for the 2016 Street, Utility and Retaining Wall Improvement Project — 836 Bartlett Blvd., Tuxedo Blvd. Phase II, and Maywood Rd/Cypress La; City Project Nos. PW -16-01, PW -16-02, PW -16-03 *G. Approve Resolution approving Public Lands Permit at 4941 Island View 837-854 Drive and 4937 Island View Drive 841 *H. Approve Resolution approving Public Gathering Permit and Musical Concert 855-864 Permit for 2017 Tour de Tonka with Reduced Fee Due to Public Purpose of Gathering 857 PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. *I. Approve Resolution approving Variance, Expansion Permit and Public Lands Permit 865-906 for 4908 Three Points Boulevard 867 *J. Approve resolution approving Waiver of Platting for 1833 Shorewood Lane 907-921 814 *K. Approve resolution calling for a public hearing by the City Council of the 922-925 City of Mound on the proposed adoption of a modification to the redevelopment 925 plan for the Mound Harbor Project Area and the proposed establishment of Harrison Bay Senior Housing Tax Increment Financing District therein and the adoption of a Tax Increment Financing Plan therefor Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) 6. Consideration of resolution to approve consent and waiver agreement for the 926-951 abatement of hazardous conditions at 6077 Aspen Road Requested Actions Approve Resolution approving consent and waiver agreement for the abatement of 951 hazardous conditions at 6077 Aspen Road Information/Miscellaneous A. Comments/reports from Councilmembers B. Reports: C. Minutes: Parks and Open Spaces Commission - 1/12/17 & 2/9/17 952-958 Docks and Commons Commission - 1/19/17 959-963 D. Correspondence: Minnesota DNR - March 8, 2017 964-970 Metropolitan Council Environmental Services 971 LMCD - March 14, 2017 972-976 Adjourn This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site www. c itver rtr tutr com. COUNCIL BRIEFING March 28, 2017 Upcoming Events Schedule: Don't Forget!! 27 - 31 March - Westonka Schools Spring Break 11 Apr - 6:55 PM - HRA Regular Meeting (as may be required) 11 Apr - 7:00 PM - City Council Regular Meeting 18 Apr - 6:30 PM - Special Meeting Workshop - Department Annual Reports 25 Apr - 6:55 PM - HRA Regular Meeting (as may be required) 25 Apr - 7:00 PM - City Council Regular Meeting 9 May 2017 - 6:55 PM - HRA Regular Meeting (as may be required) 9 May 2017 - 7:00 PM City Council Regular Meeting 23 May 2017 - 6:55 PM - HRA Regular Meeting (as may be required) 23 May 2017 - 7:00 PM - City Council Regular Meeting 13 June 2017- 6:55 PM - HRA Regular Meeting (as may be required) 13 June 2017- 6:55 PM - City Council Regular Meeting 27 June 2017 - 6:55 PM - HRA Regular Meeting (as may be required) 27 June 2017- 6:55 PM - City Council Regular Meeting 11 July 2017 - 6:55 PM - HRA Regular Meeting (as may be required) 11 July 2017- 6:55 PM - City Council Regular Meeting 21 - 22 July - Spirit of the Lakes Festival City Offices Closed 1 May 2017 City Hall resumes Summer Hours 7:30 - 4:30 M -Th and 7:30 - 11:30 F 28 May 2017 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 3-28-17 YEAR BATCH NAMI DOLLAR AMOUNT 2017 0217HOISINGT 41698.68 2017 i ' • 1 2017 031017CTYMAN $ 0•, •a 2017 032217CTYMAN $ 15,695.62 2017 032817CITY 39,539.62 2017 032817HWS 73.,072Aj, 17 71 -2 31,788.41 2017 032817CITY-3 $ 21720.47 TOTAL CLAIMS 302,412.05 [41"Mo d►Ti 6111►17 F07r7jr- =W-1 03/22/17 11:41 AM Page 1 Current Period: March 2017 Batch Name 0217HOISINGT User Dollar Amt $4,698.68 Payments Computer Dollar Amt $4,698.68 $0.00 In Balance Refer 2 HOISING TON KOEGLER GROUP,/ Cash Payment E 101-42400-300 Professional Srvs MOUND COMP PLAN PROJECT- MISC $3,891.21 PLANNING SVCS FEB 2017 Invoice 017-003-1 3/8/2017 Cash Payment E 101-42400-300 Professional Srvs MISC PLANNING SVCS FEB 2017 $190.00 Invoice 007-001-104 3/8/2017 Cash Payment G 101-23368 PC16-42 5361 BAYWOOD S 5361 BAYWOOD SHORES- GILLISPIE PC 16- $354.97 42 MISC PLANNING SVCS FEB 2017 Invoice 015-015-23 3/8/2017 Cash Payment G 101-23360 SERENITY HILLS 6339 BARTLETT BLVD- SERENITY SPRINGS $71.25 PC 16-24 MISC PLANNING SVCS FEB 2017 Invoice 015-015-23 3/8/2017 Cash Payment G 101-233744908 THREE PTS VAREXP 4908 THREE PTS VAR -EXP PERMIT APP PC $191.25 17-01, 17-02 SUSTAINABLE 9 DESIGN & BUILD MISC PLANNING SVCS FEB 2017 Invoice 015-015-23 3/8/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $4,698.68 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $4,698.68 $4,698.68 Pre -Written Checks $0.00 Checks to be Generated by the Computer $4,698.68 Total $4,698.68 -797- CITY OF MOUND 03/23/17 10:13 AM Page 1 Payments Current Period: March 2017 Batch Name BOLTMNK#2-17 User Dollar Amt $129,835.50 Payments Computer Dollar Amt $129,835.50 _Refer 1 BOLTON AND MENK, INCORPORA Cash Payment E 402-43120-300 Professional Srvs Invoice 02000359 2/27/2017 Cash Payment E 101-43100-300 Professional Srvs Invoice 02000355 2/27/2017 Cash Payment E 602-49450-300 Professional Srvs Invoice 02000355 2/27/2017 Cash Payment E 601-49400-300 Professional Srvs Invoice 02000355 2/27/2017 Cash Payment E 675-49425-300 Professional Srvs $0.00 In Balance MSA SYSTEM COORD UPDATE SVCS JAN 14 $900.00 THRU FEB 10 2017 GENERAL ENGINEERING SVCS JAN 14 $493.84 THRU FEB 10 2017 GENERAL ENGINEERING SVCS JAN 14 $493.83 THRU FEB 10 2017 GENERAL ENGINEERING SVCS JAN 14 $493.83 THRU FEB 10 2017 WCA ADMINISTRATION STORMWATER $102.00 SVCS JAN 14 THRU FEB 10 2017 Invoice 02000367 2/27/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $2,483.50 Refer 2 BOLTON AND MENK. INCORPORA Cash Payment E 601-49400-300 Professional Srvs WATER WELLHEAD PROTECTION PLAN $78.00 ENGINEERING SVCS JAN 14 THRU FEB 10 2017 Invoice 0200368 2/27/2017 Cash Payment E 401-43114-303 Engineering Fees 2014 STREET, UTILITY IMPROV PROJ. PW14- $291.00 01 ENG SVCS JAN 14 THRU FEB 10 2017 Invoice 0200335 2/27/2017 Project PW1401 Cash Payment E 602-49450-500 Capital Outlay FA 2014 SANITARY SEWER REHAB -ENG SVC $646.00 THRU JAN 14 THRU FEB 10 2017 Invoice 0200337 2/27/2017 Project PW1405 Transaction Date 3/22/2017 Wells Fargo 10100 Total $1,015.00 Refer 3 BOLTON AND MENK, INCORPORA Cash Payment E 401-43115-303 Engineering Fees 2015 GRANDVIEW BLVD ST IMPROV PROJ $1,184.00 ENG SVC JAN 14 THRU FEB 10 2017 PW 15- 01 Invoice 0200356 2/27/2017 Project PW1501 Cash Payment E 401-43135-303 Engineering Fees 2015 TUXEDO BLVD ST IMPROV PROD ENG $3,186.50 SVC JAN 14 THRU FEB 10 2017 PW 15-02 Invoice 0200360 2/27/2017 Project PW1502 Cash Payment E 601-49400-500 Capital Outlay FA WATERMAIN LOOP BARTLETT TO ISLAND $6,910.50 PARK PROD 15-10 ENG SVCS JAN 14 THRU FEB 10 2017 Invoice 0200366 2/27/2017 Project PW1510 Cash Payment G 101-23364 PC16-37 4941 IVD Rox Good 4941 ISLAND VIEW DR- DEVELOP REVIEW $78.00 ENG SVCS JAN 14 THRU FEB 10 2017 PC 16- 37 ROX GOODWIN Invoice 0200354 2/27/2017 Cash Payment G 101-23360 SERENITY HILLS SERENITY HILLS SR LIVING PROJ DEVELOP $310.00 REVIEW ENG SVCS JAN 14 THRU FEB 10 2017 Invoice 0200354 2/27/2017 -798- Payments 03/23/17 10:13 AM Page 2 Invoice 0200354 2/27/2017 Cash Payment G 101-23327 MCESL39 BRADFORDNVIL Invoice 0200358 2/27/2017 MCES LS #39 & INTERCEPT REPLACEMENT $334.00 PROD -ENGINEERING SVCS JAN 14 THRU FEB 10 2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $12,785.00 Refer_ 4 BOLTON AND MENK, INCORPORA $45,262.50 PROD PW 17-01 ENG SVCS JAN 14 THRU _ _ Cash Payment E 602-49450-500 Capital Outlay FA 2016 LIFT STATION IMPROV PROD PW 16-05 $1,905.00 2017 WILSHIRE/MAYWOOD STREET ENG SVC JAN 14 THRU FEB 10 2017 IMPROV PROD PW 17-02 ENG SVCS JAN 14 Invoice 0200339 2/27/2017 Project PW1605 Project PW1702 Cash Payment E 401-43146-303 Engineering Fees 2016 CYPRESS-MAYWOOD STREET $1,853.00 THRU FEB 10 2017 IMPROV PROD PW 16-03 ENG SVC JAN 14 Project PIN1703 MOUND/MCES DAKOTA RAIL TRAIL THRU FEB 10 2017 INTERCEPTOR PROJ ENG SVCS JAN 14 Invoice 0200343 2/27/2017 Project PW1603 Cash Payment E 401-43116-303 Engineering Fees 2016 BARTLETT BLVD STREET IMPROV $2,904.50 PROD PW 16-01 ENG SVC JAN 14 THRU FEB 102017 Invoice 0200342 2/27/2017 Project PW1601 Cash Payment E 401-43136-303 Engineering Fees 2016 TUXEDO BLVD EAST STREET IMPROV $2,381.50 PROD PW 16-02 ENG SVC JAN 14 THRU FEB 102017 Invoice 0200363 2/27/2017 Project PW1602 Cash Payment E 675-49425-500 Capital Outlay FA 2016 STORM DRAINAGE IMPROV PROD- PW $810.00 16-09 ENG SVCS JAN 14 THRU FEB 10 2017 Invoice 0200341 2/27/2017 Project PW1609 Transaction Date 3/22/2017 Wells Fargo 10100 Total $9,854.00 Refer 5 BOLTON AND MENK, INCORPORA Cash Payment E 602-49450-500 Capital Outlay FA 2017 LIFT STATION IMPROV PROJ PW 17-05 $9,643.50 Invoice 0200353 2/27/2017 Cash Payment E 401-43117-303 Engineering Fees Invoice 0200344 2/27/2017 Cash Payment E 401-43137-303 Engineering Fees Invoice 0200352 2/27/2017 Cash Payment E 401-43147-303 Engineering Fees Invoice 0200347 2/27/2017 Cash Payment E 101-43100-300 Professional Srvs Invoice 0200357 2/27/2017 ENG SVCS JAN 14 THRU FEB 10 2017 Project PW1705 2017 LYNWOOD BLVD STREET IMPROV $45,262.50 PROD PW 17-01 ENG SVCS JAN 14 THRU FEB 10 2017 Project PW1701 2017 WILSHIRE/MAYWOOD STREET $33,098.50 IMPROV PROD PW 17-02 ENG SVCS JAN 14 THRU FEB 10 2017 Project PW1702 2017 TUXEDO BLVD PHASE III STREET $14,997.50 IMPROV PROD PW 17-03 ENG SVCS JAN 14 THRU FEB 10 2017 Project PIN1703 MOUND/MCES DAKOTA RAIL TRAIL $232.00 INTERCEPTOR PROJ ENG SVCS JAN 14 THRU FEB 10 2017 03/23/17 10:13 AM Page 3 Current Period: March 2017 Cash Payment E 601-49400-300 Professional Srvs MOUND/MCES DAKOTA RAIL TRAIL $232.00 INTERCEPTOR PROD ENG SVCS JAN 14 THRU FEB 10 2017 Invoice 0200357 2/27/2017 Cash Payment E 602-49450-300 Professional Srvs MOUND/MCES DAKOTA RAIL TRAIL $232.00 INTERCEPTOR PROD ENG SVCS JAN 14 THRU FEB 10 2017 Invoice 0200357 2/27/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $103,698.00 Fund Summary Pre -Written Checks $0.00 Checks to be Generated by the Computer $129,835.50 Total $129,835.50 :Ii 10100 Wells Fargo 101 GENERAL FUND $1,525.84 401 GENERAL CAPITAL PROJECTS $105,159.00 402 MUNICIPAL STAID ST CONSTUCT $900.00 601 WATER FUND $8,418.33 602 SEWER FUND $12,920.33 675 STORM WATER UTILITY FUND $912.00 $129,835.50 Pre -Written Checks $0.00 Checks to be Generated by the Computer $129,835.50 Total $129,835.50 :Ii CITY OF MOUND 03/10/17 9:50 AM Page 1 Payments Current Period: March 2017 Batch Name 031017MAN User Dollar Amt $5,060.99 Payments Computer Dollar Amt $5,060.99 $0.00 In Balance Refer 1 SAFE ASSURE CONSULTANTS, IN Cash Payment E 101-42400-434 Conference & Training SAFETY TRAINING & CONSULTING 2017 $275.00 Invoice 1115 2/28/2017 Cash Payment E 101-41500-434 Conference & Training SAFETY TRAINING & CONSULTING 2017 $350.00 Invoice 1115 2/28/2017 Cash Payment E 101-43100-434 Conference & Training SAFETY TRAINING & CONSULTING 2017 $475.00 Invoice 1115 2/28/2017 Cash Payment E 101-45200-434 Conference & Training SAFETY TRAINING & CONSULTING 2017 $650.00 Invoice 1115 2/28/2017 Cash Payment E 601-49400-434 Conference & Training SAFETY TRAINING & CONSULTING 2017 $400.00 Invoice 1115 2/28/2017 Cash Payment E 602-49450-434 Conference & Training SAFETY TRAINING & CONSULTING 2017 $397.64 Invoice 1115 2/28/2017 Cash Payment E 609-49750-434 Conference & Training SAFETY TRAINING & CONSULTING 2017 $675.00 Invoice 1115 2/28/2017 Cash Payment E 222-42260-434 Conference & Training SAFETY TRAINING & CONSULTING 2017 $1,800.00 Invoice 1115 2/28/2017 Transaction Date 3/6/2017 Wells Fargo 10100 Total $5,022.64 Refer 2 ZEE MEDICAL SERVICE Cash Payment E 101-45200-210 Operating Supplies ANTIBIOTIC OINTMENT, COLD SPRAY, $38.35 BURNJEL- PARKS DEPT Invoice 54057997 1/27/2017 Transaction Date 3/10/2017 Wells Fargo 10100 Total $38.35 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $1,788.35 222 AREA FIRE SERVICES $1,800.00 601 WATER FUND $400.00 602 SEWER FUND $397.64 609 MUNICIPAL LIQUOR FUND $675.00 $5,060.99 Pre -Written Checks $0.00 Checks to be Generated by the Computer $5,060.99 Total $5,060.99 Batch Name 032217CTYMAN Payments Refer Cash Payment CITY OF MOUND 03/23/17 10:21 AM Page 1 Payments Current Period: March 2017 User Dollar Amt Computer Dollar Amt $15,695.62 $15,695.62 $0.00 In Balance _2 FRONTIER/CITIZENS COMMUNICA E 222-42260-321 Telephone, Cells, & Radi NETWORK ETHERNET SVC- LAST AT OLD RATES 2-20-17 THRU 3-20-17 $187.20 Invoice 4773618 2/20/2017 Cash Payment E 101-41920-321 Telephone, Cells, & Radi NETWORK ETHERNET SVC- LAST AT OLD $561.61 RATES 2-20-17 THRU 3-20-17 Invoice 4773618 2/20/2017 Transaction Date 3/6/2017 Wells Fargo 10100 Total $748.81 Refer 1 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-45200-321 Telephone, Cells, & Radi PHONE SVC -3-01-17- TO 3-29-17 $125.73 Invoice 030917 2/28/2017 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PHONE SVC -3-01-17- TO 3-29-17 $45.54 Invoice 030917 2/28/2017 Cash Payment E 609-49750-321 Telephone, Cells, & Radi PHONE SVC -3-01-17- TO 3-29-17 $214.88 Invoice 030917 2/28/2017 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PHONE SVC -3-01-17- TO 3-29-17 $455.15 Invoice 030917 2/28/2017 Cash Payment E 601-49400-321 Telephone, Cells, & Radi PHONE SVC -3-01-17- TO 3-29-17 $441.76 Invoice 030917 2/28/2017 Cash Payment E 101-43100-321 Telephone, Cells, & Radi PHONE SVC -3-01-17- TO 3-29-17 $441.76 Invoice 030917 2/28/2017 Cash Payment E 101-41930-321 Telephone, Cells, & Radi PHONE SVC -3-01-17- TO 3-29-17 $438.98 Invoice 030917 2/28/2017 Cash Payment E 222-42260-321 Telephone, Cells, & Radi PHONE SVC -3-01-17- TO 3-29-17 $146.33 Invoice 030917 2/28/2017 Cash Payment E 101-41910-321 Telephone, Cells, & Radi PHONE SVC -3-01-17- TO 3-29-17 $73.17 Invoice 030917 2/28/2017 Cash Payment E 101-42110-321 Telephone, Cells, & Radi PHONE SVC -3-01-17- TO 3-29-17 $73.17 Invoice 030917 2/28/2017 Cash Payment E 101-41500-321 Telephone, Cells, & Radi DUPLICATE DSL CHARGE FOR PW & LIQ -TO $177.55 BE CREDITED -PHONE SVC -3-01-17- TO 3-29- 17 Invoice 030917 2/28/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $2,634.02 Refer 3 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-41920-500 Capital Outlay FA 2ND 1/2 PYMT & FINAL- NEW MITEL PHONE $8,553.79 SYSTEM, SET UP & INSTALLATION Invoice 030917-3 2/25/2017 Transaction Date 3/6/2017 Wells Fargo 10100 Total $8,553.79 Refer 7 NEOPOST-MAIL FINANCE Cash Payment E 101-41930-440 Other Contractual Servic POSTAGE METER MACHINE LEASE & MTCE $1,623.00 1-3-16 THRU 1-2-17 Invoice N6269868 1/3/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $1,623.00 Refer 4 OSMEK, DAVID _ -802- CITY OF MOUND 03/23/17 10:21 AM Page 2 Payments Current Period: March 2017 Invoice 032217 3/16/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $20.00 Refer 6 WETTERNACH, DANIEL Cash Payment R 601-49400-36200 Miscellaneous Revenu REFUND UTILITY BILL OVERPAYMENT -4855 $2,112.25 WILSHIRE BLVD- D. WETTERNACH Invoice 032217 3/21/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $2,112.25 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $12,068.76 222 AREA FIRE SERVICES $333.53 281 COMMONS DOCKS FUND $23.75 601 WATER FUND $2,554.01 602 SEWER FUND $500.69 609 MUNICIPAL LIQUOR FUND $214.88 $15,695.62 Pre -Written Checks $0.00 Checks to be Generated by the Computer $15,695.62 Total $15,695.62 CITY OF MOUND 03/23/17 10:21 AM Page 1 Payments Batch Name 032817CITY User Dollar Amt $39,539.62 Payments Computer Dollar Amt $39,539.62 $0.00 In Balance Refer 1 A-1 RENTAL OF LAKE MINNETONK Cash Payment E 101-43100-418 Other Rentals 16" CONCRETE SAW RENTAL -STREETS $108.00 Invoice 122688 2/22/2017 Transaction Date 3/21/2017 Wells Fargo 10100 Total $108.00 Refer 2 AL & ALMA S SUPPER CLUB Cash Payment E 101-41110-431 Meeting Expense Invoice 00025080 2/27/2017 Cash Payment E 101-42400-431 Meeting Expense Invoice 00025080 2/27/2017 Cash Payment E 101-45200-431 Meeting Expense Invoice 00025080 2/27/2017 Cash Payment E 281-45210-431 Meeting Expense Invoice 00025080 2/27/2017 CATERING SVC- VOLUNTEER $418.41 APPRECIATION DINNER 2-27-17 CATERING SVC- VOLUNTEER $418.41 APPRECIATION DINNER 2-27-17 CATERING SVC- VOLUNTEER $278.94 APPRECIATION DINNER 2-27-17 CATERING SVC- VOLUNTEER $278.94 APPRECIATION DINNER 2-27-17 Transaction Date 3/21/2017 Wells Fargo 10100 Total $1,394.70 Refer 3 BERRY COFFEE COMPANY _ Cash Payment E 222-42260-430 Miscellaneous Invoice 443072 3/1/2017 RENTAL & MTCE- COFFEE MACHINE FIRE $72.00 DEPT Transaction Date 3/21/2017 Wells Fargo 10100 Total $72.00 Refer 24 CANON FINANCIAL SERVICES, IN Cash Payment E 222-42260-202 Duplicating and copying MARCH 2017- COPIER RENTAL- FIRE DEPT $31.75 Invoice 17129983 3/13/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $31.75 Refer 4 CENTERPO/NT ENERGY (M/NNEG Cash Payment E 101-41930-383 Gas Utilities GAS SVC 1-20-17 TO 2-17-17 $743.87 Invoice 032817 3/8/2017 Cash Payment E 222-42260-383 Gas Utilities GAS SVC 1-20-17 TO 2-17-17 $743.87 Invoice 032817 3/8/2017 Cash Payment E 101-45200-383 Gas Utilities GAS SVC 1-20-17 TO 2-17-17 $829.21 Invoice 032817 3/8/2017 Cash Payment E 101-41910-383 Gas Utilities GAS SVC 1-20-17 TO 2-17-17 $842.68 Invoice 032817 3/8/2017 Cash Payment , E 602-49450-383 Gas Utilities GAS SVC 1-20-17 TO 2-17-17 $1,101.47 Invoice 032817 3/8/2017 Project 17-3 Cash Payment E 609-49750-383 Gas Utilities GAS SVC 1-20-17 TO 2-17-17 $338.45 Invoice 032817 3/8/2017 Cash Payment E 101-45200-383 Gas Utilities GAS SVC 1-20-17 TO 2-17-17- DEPOT BLDG $261.56 Invoice 032817 3/8/2017 Transaction Date 3/21/2017 Wells Fargo 10100 Total $4,861.11 Refer 32 FINANCE AND COMMERCE, INC. CITY OF MOUND 03/23/17 10:21 AM Page 2 Payments Current Period: March 2017 Cash Payment E 401-43117-351 Legal Notices Publishing 2017 STREET & RET WALL IMPROV PROD $51.77 ADV FOR BIDS PW 17-01 Invoice 743191449 3/20/2017 Project PW1701 Cash Payment E 401-43137-351 Legal Notices Publishing 2017 STREET & RET WALL IMPROV PROD $51.77 ADV FOR BIDS PW 17-02 Invoice 743191449 3/20/2017 Project PW1702 Cash Payment E 401-43147-351 Legal Notices Publishing 2017 STREET & RET WALL IMPROV PROD $51.76 ADV FOR BIDS PW 17-03 Invoice 743191449 3/20/2017 Project PIN1703 Cash Payment E 401-43110-351 Legal Notices Publishing 2017 STREET & RET WALL IMPROV PROD $51.76 ADV FOR BIDS PW 17-04 Invoice 743191449 3/20/2017 Project PW1704 Transaction Date 3/22/2017 Wells Fargo 10100 Total $207.06 Refer 5 FIVE TECHNOLOGY Cash Payment E 101-41920-440 Other Contractual Servic BLOCK HOURS SVC - NETWORK MTCE- FEB $720.00 2017 Invoice P237-43 2/2712017 Cash Payment E 101-41920-210 Operating Supplies BATTERY BACK-UP FOR MITEL PHONE $448.00 SYSTEM- 3-9-17- UNINTERRUPTED POWER SUPPLY Invoice P237-44 3/9/2017 Cash Payment E 101-41920-500 Capital Outlay FA ONE TIME SUPPORT FOR MITEL PHONE $2,880.00 INSTALL FEB 2017 Invoice P237-43 2/27/2017 Transaction Date 3/21/2017 Wells Fargo 10100 Total $4,048.00 Refer 6 HD SUPPLY WATERWORKS, LTD Cash Payment E 601-49400-210 Operating Supplies WATER METERS & SUPPLY PARTS $630.60 BALANCE DUE CREDIT TAKEN TWICE- WITH RETURN & WITH CREDIT MEMO Invoice G631412-2 1/9/2017 Transaction Date 3/21/2017 Wells Fargo 10100 Total $630.60 Refer 7 HECKSEL MACHINE SHOP, INC. Cash Payment E 101-45200-220 Repair/Maint Supply 227 POUNDS OF CHANNEL & FLAT, 41 LBS $235.00 OF SQUARE TUBE Invoice 101955 3/7/2017 Cash Payment E 101-45200-220 Repair/Maint Supply 17 POUNDS OF FLAT $20.00 Invoice 101965 3/10/2017 Transaction Date 5/17/2016 Wells Fargo 10100 Total $255.00 Refer 30 HYDRO KLEAN _ Cash Payment E 602-49450-434 Conference & Training HK CUES CAMERA & SOFTWARE $150.00 REFRESHER COURSE- R. HANSON Invoice 321173 3/21/2017 Cash Payment E 602-49450-434 Conference & Training HK CUES CAMERA & SOFTWARE $150.00 REFRESHER COURSE- R. PRICH Invoice 321173 3/21/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $300.00 Refer 8 LAKE MINNETONKA CONSERVATI Cash Payment E 101-41110-433 Dues and Subscriptions 2ND QTR 2017 LMCD LEVY PAYMENT $5,013.25 Invoice 032817 3/20/2017 Transaction Date 3/21/2017 Wells Fai_805_ 10100 Total $5,013.25 CITY OF MOUND 03/23/17 10:21 AM Page 3 Payments Current Period: March 2017 Refer 9 LANO EQUIPMENT, INCORPORAT Cash Payment E 101-45200-500 Capital Outlay FA TORO BAGGER & SYSTEM FOR MOWER $2,582.64 Invoice 03-419196 2/28/2017 PO 24664 Cash Payment E 101-45200-410 Rentals (GENERAL) BOBCAT DLX PKG RENTAL W/ TRAC TIRES $188.70 141 HOURS- PARKS Invoice 03-420740 3/10/2017 Transaction Date 3/21/2017 Wells Fargo 10100 Total $2,771.34 10 MADDEN, GALANTER, HANSON, L _Refer Cash Payment E 101-49999-300 Professional Srvs LABOR RELATIONS SERVICES - FEBRUARY $253.35 2017 Invoice 032817 3/1/2017 Transaction Date 3/21/2017 Wells Fargo 10100 Total $253.35 Refer 11 MARTIN-MCALLISTER Cash Payment E 222-42260-300 Professional Srvs PUBLIC SAFETY ASSESSMENT- A. $500.00 ERICKSON Invoice 10911 2/28/2017 Cash Payment E 222-42260-300 Professional Srvs PUBLIC SAFETY ASSESSMENT- B. KNUTSON $500.00 Invoice 10911 2/28/2017 Transaction Date 3/21/2017 Wells Fargo 10100 Total $1,000.00 Refer12 MEDIA COM Cash Payment E 101-42110-321 Telephone, Cells, & Rad! ORONO PD INTERNET SVC 43-16-17 THRU 4- $95.90 15-17 Invoice 032817 3/6/2017 Transaction Date 3/21/2017 Wells Fargo 10100 Total $95.90 Refer 25 MINNESOTA DEPT OF HEALTH Cash Payment E 602-49450-438 Licenses and Taxes WATER SUPPLY SYSTEM OPERATOR $23.00 CLASS D CERTIFICATION RENEWAL -M. RADDE Invoice 032817 3/21/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $23.00 Refer 13 MINNESOTA VALLEY TESTING LA Cash Payment E 601-49400-470 Water Samples MONTHLY CHLORINE REPORT & COLIFORM $90.00 WATER TESTS -10 Invoice 853975 3/13/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $90.00 Refer 14 NORTHERN TOOL AND EQUIPMEN Cash Payment E 101-43100-220 Repair/Maint Supply 2700 WATT PG GENERATOR- STREETS $599.99 Invoice 0191019837 1/31/2017 Cash Payment E 602-49450-220 Repair/Maint Supply 90 FT DRAIN CLEANING HOSE- SEWER $119.99 DEPT Invoice 4061059634 2/2/2017 Cash Payment E 602-49450-220 Repair/Maint Supply 200/80/60/40130 WHEEL CH $219.99 Invoice 0191020027 2/3/2017 Transaction Date 3/21/2017 Wells Fargo 10100 Total $939.97 Refer 15 OFFICE DEPOT Cash Payment E 101-41930-200 Office Supplies BROTHER LABELS $9.78 Invoice 910873473001 3/6/2017 PO 24813 -806- CITY OF MOUND 03/23/17 10:21 AM Page 4 Payments Current Period: March 2017 Cash Payment E 609-49750-200 Office Supplies Invoice 910111882001 3/1/2017 PO 23484 TONER CARTRIDGES- HWS $121.18 Transaction Date 3/22/2017 Wells Fargo 10100 Total $121.18 Refer 16 OPUS 21 MGMT SOLUTIONS Cash Payment E 602-49450-307 Admin/Finance/Compute FEB 2017 -CIS DATA HOSTING, $1,796.68 PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 170241 3/8/2017 Cash Payment E 601-49400-307 Admin/Finance/Compute FEB 2017 -CIS DATA HOSTING, $1,796.68 PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 170241 3/8/2017 Cash Payment E 602-49450-322 Postage Invoice 170241 3/8/2017 Cash Payment E 601-49400-322 Postage Invoice 170241 3/8/2017 FEB 2017- UTILITY BILLING POSTAGE FEB 2017- UTILITY BILLING POSTAGE $325.05 $325.04 Transaction Date 3/21/2017 Wells Fargo 10100 Total $4,243.45 ........_...._.... Refer 17ORONO, CITY OF Cash Payment E 101-41600-450 Board of Prisoners HENNEP CTY JAIL CHARGES- PER DIEM $164.12 FEES JANUARY 2017 Invoice 20140890 3/10/2017 3/7/2017 Transaction Date 3/21/2017 Wells Fargo 10100 Total $164.12 Refer 18 SIMPLEX GRINNELL _ 3-23, 3-30 & 4-6-17 Cash Payment E 609-49750-440 Other Contractual Servic ALARM SYSTEM SVC CALL- PANEL IS NOT $640.00 Cash Payment COMMUNICATING WITH PHONE LINE - PUBLIC WORKS- UTILITY MTCE HELP $121.00 PANEL NEEDS TO BE REPLACED WANTED AD 3-23-17 & 3-30-17 Invoice 83438373 2/27/2017 Invoice 743525 3/21/2017 Transaction Date 3/21/2017 Wells Fargo 10100 Total $640.00 Refer 19 SOUTHWEST NEWS MEDIA Cash Payment E 602-49450-328 Employment Advertising PUBLIC WORKS- UTILITY MTCE HELP $121.00 WANTED AD 3-9-17 & 3-16-17 3/22/2017 Invoice 742110 3/7/2017 Cash Payment E 601-49400-328 Employment Advertising PUBLIC WORKS- UTILITY MTCE HELP $121.00 WANTED AD 3-9-17 & 3-16-17 Invoice 742110 3/7/2017 Cash Payment E 101-45200-328 Employment Advertising PARKS SEASONAL MTCE HELP WANTED AD $264.00 3-23, 3-30 & 4-6-17 Invoice 743144 3/16/2017 Cash Payment E 602-49450-328 Employment Advertising PUBLIC WORKS- UTILITY MTCE HELP $121.00 WANTED AD 3-23-17 & 3-30-17 Invoice 743525 3/21/2017 Cash Payment E 601-49400-328 Employment Advertising PUBLIC WORKS- UTILITY MTCE HELP $121.00 WANTED AD 3-23-17 & 3-30-17 Invoice 743525 3/21/2017 Transaction Date 3/22/2017 Wells Faroo 10100 Total $748.00 -807- Refer Cash Payment CITY OF MOUND 03/23/17 10:21 AM Page 5 Current Period: March 2017 20 SUN PATRIOT NEWSPAPER -CITY - E 601-49400-328 Employment Advertising PUBLIC WORKS- FT UTILITY MTCE HELP WANTED AD 3-11-17- LAKER-PIONEER Invoice 468702 3/12/2017 $49.95 Cash Payment E 602-49450-328 Employment Advertising PUBLIC WORKS- FT UTILITY MTCE HELP $49.95 WANTED AD 3-11-17- LAKER-PIONEER Invoice 468702 3/12/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $99.90 Refer 29 SUN PATRIOT NEWSPAPER -CITY Cash Payment E 601-49400-328 Employment Advertising PUBLIC WORKS- FT UTILITY MTCE HELP $380.55 WANTED AD 3-16 THRU 3-18 2017 LAKER, CROW RIVER NEWS, PIONEER, & WEST SUBURB PUBS Invoice 471382 3/19/2017 Cash Payment E 602-49450-328 Employment Advertising Invoice 471382 3/19/2017 PUBLIC WORKS- FT UTILITY MTCE HELP $380.55 WANTED AD 3-16 THRU 3-18 2017 LAKER, CROW RIVER NEWS, PIONEER, & WEST SUBURB PUBS Transaction Date 3/22/2017 Wells Fargo 10100 Total $761.10 Refer 28 SUN PATRIOT NEWSPAPER -CITY Cash Payment E 601-49400-328 Employment Advertising PUBLIC WORKS- FT UTILITY MTCE HELP $50.00 WANTED AD 3-11-17 ONLINE JOB BOARD Invoice 468701 3/12/2017 Cash Payment E 602-49450-328 Employment Advertising PUBLIC WORKS- FT UTILITY MTCE HELP $50.00 WANTED AD 3-11-17 ONLINE JOB BOARD Invoice 468701 3/12/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $100.00 Refer� 31 SUN PATRIOT NEWSPAPER -CITY Cash Payment E 401-43117-351 Legal Notices Publishing 2017 STREET & RET WALL IMPROV PROD $50.12 ADV FOR BIDS PW 17-01 Invoice 469237 3/18/2017 Project PW1701 Cash Payment E 401-43137-351 Legal Notices Publishing 2017 STREET & RET WALL IMPROV PROJ $50.12 ADV FOR BIDS PW 17-02 Invoice 469237 3/18/2017 Project PW1702 Cash Payment E 401-43147-351 Legal Notices Publishing 2017 STREET & RET WALL IMPROV PROJ $50.11 ADV FOR BIDS PW 17-03 Invoice 469237 3/18/2017 Project PW1703 Cash Payment E 401-43110-351 Legal Notices Publishing 2017 STREET & RET WALL IMPROV PROJ $50.11 ADV FOR BIDS PW 17-04 Invoice 469237 3/18/2017 Project PW1704 Transaction Date 3/22/2017 Wells Fargo 10100 Total $200.46 Refer 21 VERIZON WIRELESS _ Cash Payment E 602-49450-321 Telephone, Cells, & Radi SEWER TRUCK #109 DATACARD SVC 2-11- $35.01 17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PUB WKS SUPV VEHC #113 R. HANSON $35.01 DATACARD SVC 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Project 17-3 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PUB WKS JET PACK LAPTOP AIRCARD $35.01 SVC 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 _808_ Project 17-3 03/23/17 10:21 AM Page 6 Current Period: March 2017 Cash Payment E 101-42400-321 Telephone, Cells, & Radi FIELD OFFICER DATACARD SVC 2-11-17 $17.51 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 101-42115-321 Telephone, Cells, & Radi FIELD OFFICER DATACARD SVC 2-11-17 $17.50 TO 3-10-17 Invoice 9781860967 3110/2017 Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC FIRE UNIT #42 DUTY $35.01 OFFICER 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC- FIRE CHIEF PEDERSON- $35.01 UNIT#39 RESCUE UTILITY 2-11-17 TO 3-10- 17 Invoice 9781860967 3/10/2017 Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC FIRE #43 RESCUE TRUCK $35.01 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC FIRE ENGINE #29 2-11-17 $35.01 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 601-49400-321 Telephone, Cells, & Radi WATER TRUCK #315 DATACARD SVC 2-11- $35.01 17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 601-49400-321 Telephone, Cells, & Radi WATER TRUCK #512 R. PRICH DATACARD $35.01 SVC 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 602-49450-321 Telephone, Cells, & Radi UTILITY LEAD WORKER TABLET- INTERNET $17.51 SVC 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 601-49400-321 Telephone, Cells, & Radi UTILITY LEAD WORKER TABLET- INTERNET $17.50 SVC 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 101-45200-321 Telephone, Cells, & Radi PARKS LEAD WORKER TABLET- HOT $35.01 SPOT- 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 101-43100-321 Telephone, Cells, & Radi STREETS LEAD WORKER TABLET- HOT $35.01 SPOT - 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 101-43100-321 Telephone, Cells, & Radi STREETS LEAD WORKER TABLET- $35.01 INTERNET SVC- 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PUBLIC WORKS SUPER- RAY HANSON - $35.01 TABLET- INTERNET SVC- 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Project 17-5 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PUBLIC WORKS SUPER- RAY HANSON - $35.07 TABLET- HOT SPOT 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Project 17-5 Cash Payment E 602-49450-321 Telephone, Cells, & Radi UTILITY LEAD WORKER TABLET- HOT $17.52 SPOT- 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 601-49400-321 Telephone, Cells, & Radi UTILITY LEAD WORKER TABLET- HOT $17.51 SPOT- 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Cash Payment E 101-45200-321 Telephone, Cells, & Radi PARKS LEAD WORKER TABLET- INTERNET $35.01 SVC- 2 "' 4' -0 3-10-17 -809- Invoice 9781860967 3/10/2017 Payments Current Period: March 2017 03/23/17 10:21 AM Page 7 Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC FIRE LADDER TRUCK #44 $36.28 2-11-17 TO 3-10-17 Invoice 9781860967 3/10/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $666.54 Refer 27 VER/ZON WIRELESS _ Cash Payment E 101-43100-321 Telephone, Cells, & Radi CELL PHONE CHARGES 2-14-17 THRU 3-13- $179.37 2017 Invoice 9782089380 3/13/2017 Cash Payment E 601-49400-321 Telephone, Cells, & Radi CELL PHONE CHARGES 2-14-17 THRU 3-13- $85.17 2017 Invoice 9782089380 3/13/2017 Cash Payment E 602-49450-321 Telephone, Cells, & Radi CELL PHONE CHARGES 2-14-17 THRU 3-13- $99.06 2017 Invoice 9782089380 3/13/2017 Cash Payment E 101-42400-321 Telephone, Cells, & Radi CELL PHONE CHARGES 2-14-17 THRU 3-13- $38.34 2017 Invoice 9782089380 3/13/2017 Cash Payment E 101-45200-321 Telephone, Cells, & Radi CELL PHONE CHARGES 2-14-17 THRU 3-13- $93.66 2017 Invoice 9782089380 3/13/2017 Cash Payment E 101-41310-321 Telephone, Cells, & Radi CELL PHONE CHARGES 2-14-17 THRU 3-13- $57.50 2017 Invoice 9782089380 3/13/2017 Cash Payment E 222-42260-321 Telephone, Cells, & Radi CELL PHONE CHARGES 2-14-17 THRU 3-13- $101.32 2017 Invoice 9782089380 3/13/2017 Cash Payment E 101-42115-321 Telephone, Cells, & Radi CELL PHONE CHARGES 2-14-17 THRU 3-13- $15.61 2017 Invoice 9782089380 3/13/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $670.03 Refer 23 XCEL ENERGY _ Cash Payment E 101-45200-381 Electric Utilities ELECTRIC SVC - 1-25-17 TO 2-25-17- PARKS $450.87 Invoice 538363425 3/13/2017 Cash Payment E 101-45200-381 Electric Utilities ELECTRIC SVC - 1-25-17 TO 2-25-17- DEPOT $64.25 BLDG Invoice 538363425 3/13/2017 Cash Payment E 602-49450-381 Electric Utilities ELECTRIC SVC - 1-25-17 TO 2-25-17- SEWER -$5,974.10 Invoice 538363425 3/13/2017 Cash Payment E 101-43100-381 Electric Utilities ELECTRIC SVC - 1-25-17 TO 2-25-17 $1,885.10 STREETS Invoice 538363425 3/13/2017 Cash Payment E 601-49400-381 Electric Utilities ELECTRIC SVC - 1-25-17 TO 2-25-17 WATER $5,315.26 Invoice 538363425 3/13/2017 Cash Payment E 609-49750-381 Electric Utilities ELECTRIC SVC - 1-25-17 TO 2-25-17 HWS $1,190.46 Invoice 538363425 3/13/2017 Cash Payment E 101-41930-381 Electric Utilities ELECTRIC SVC - 1-25-17 TO 2-25-17 CITY $1,444.57 HALL Invoice 538363425 3/13/2017 Cash Payment E 222-42260-381 Electric Utilities ELECTRIC SVC - 1-25-17 TO 2-25-17 FIRE $1,444.57 DEPT Invoice 538363425 3/13/2017 -810- Payments 03/23/17 10:21 AM Page 8 Current Period: March 2017 Cash Payment E 101-41910-381 Electric Utilities ELECTRIC SVC - 1-25-17 TO 2-25-17 $746.41 CENTENNIAL BLDG Invoice 538363425 3/13/2017 Cash Payment E 285-46388-381 Electric Utilities ELECTRIC SVC - 1-25-17 TO 2-25-17 $2,358.69 PARKING DECK Invoice 538363425 3/13/2017 Cash Payment E 101-42115-381 Electric Utilities ELECTRIC SVC - 1-25-17 TO 2-25-17 CIVIL $48.87 SIRENS Invoice 538363425 3/13/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $8,974.95 Fund Summary Pre -Written Checks $0.00 Checks to be Generated by the Computer $39,539.62 Total $39,539.62 -811- 10100 Wells Fargo 101 GENERAL FUND $22,620.49 222 AREA FIRE SERVICES $3,569.83 281 COMMONS DOCKS FUND $278.94 285 MOUND HRA $2,358.69 401 GENERAL CAPITAL PROJECTS $407.52 601 WATER FUND $9,070.28 602 SEWER FUND ($1,056.22) 609 MUNICIPAL LIQUOR FUND $2,290.09 $39,539.62 Pre -Written Checks $0.00 Checks to be Generated by the Computer $39,539.62 Total $39,539.62 -811- CITY OF MOUND 03/23/17 11:22 AM Page 1 Payments Current Period: March 2017 Batch Name 032817HWS User Dollar Amt $73,072.76 Payments Computer Dollar Amt $73,072.76 $0.00 In Balance Refer 1 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 1927707005 3/11/2017 $97.10 Transaction Date 3/22/2017 Due 12/31/2014 Wells Fargo 10100 Total $97.10 Refer 2 ARTISAN BEER COMPANY Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 3165282 3/16/2017 $551.70 Transaction Date 3/22/2017 Wells Fargo 10100 Total $551.70 Refer 3 BELLBOY CORPORATION Cash Payment E609-49750-210 Operating Supplies SUPPLIES, BAGS $167.59 Invoice 95519400 3/20/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $32.00 Invoice 95519400 3/20/2017 Cash Payment E 609-49750-255 Misc Merchandise For R MDSE- 2 PC CHAMPAGNE FLUTES $85.00 Invoice 95519400 3/20/2017 Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, KLEENEX FACIAL TISSUE $54.15 Invoice 95515200 3/17/2017 Cash Payment E 609-49750-255 Misc Merchandise For R MDSE- WAITER'S CORKSCREW W/ KNIFE $17.94 Invoice 95515200 3/20/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $356.68 Refer 6 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $250.02 Invoice 57929600 3/10/2017 Cash Payment E 609-49750-265 Freight FREIGHT $3.83 Invoice 57929600 3/10/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,170.00 Invoice 58022900 3/17/2017 Cash Payment E 609-49750-265 Freight FREIGHT $14.35 Invoice 58022900 3/17/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $1,438.20 Refer 5 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,812.14 Invoice 58035900 3/20/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $29.95 Invoice 58035900 3/20/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $5,248.47 Invoice 57946300 3/13/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $8,090.56 Refer 4 BELLBOY CORPORATION Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, BAGS, DUM DUM POPS $114.22 Invoice 95484200 3/10/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $79.50 Invoice 95484200 3/10/2017 -812- CITY OF MOUND 03/23117 11:22 AM Page 2 Payments Current Period: March 2017 Cash Payment E 609-49750-255 Misc Merchandise For R MDSE- CORKSCREW- METAL SPIRAL, $458.93 $77.70 FLASKS, PARASOL PICS Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 95484200 3/10/2017 Invoice 1080608350 3/16/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $271.42 Refer 7 BERN/CKS BEVERAGES AND VEN _ WINE CREDIT -$12.00 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $16.40 Invoice 347735 3/8/2017 Wells Fargo 10100 Total $2,613.29 Refer X12 CLEAR RIVER BEVERAGE CO. Cash Payment E 609-49750-252 Beer For Resale BEER Cash Payment E 609-49750-252 Beer For Resale $564.40 Invoice 347736 3/8/2017 Invoice 67-1580 3/9/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $580.80 Refer 8 BERN/CKS BEVERAGES AND VEN Cash Payment E 609-49750-252 Beer For Resale BEER Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 142613 3/8/2017 $16.40 Invoice 348877 3/15/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $490.00 Cash Payment E 609-49750-252 Beer For Resale BEER $783.35 Invoice 348878 3/15/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $799.75 Refer 9 BREAKTHRU BEVERAGE MN BEE Cash Payment E 609-49750-252 Beer For Resale BEER $3,702.56 Invoice 1090681433 3/8/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $1,464.70 Invoice 1090684240 3/15/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $5,167.26 Refer 11 BREAKTHRU BEVERAGE MN WINE Cash Payment E 609-49750-253 Wine For Resale WINE $696.00 Invoice 1080605172 3/9/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $661.77 Invoice 1080605412 3/9/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $1,357.77 Refer 10 BREAKTHRU BEVERAGE MN WINE Cash Payment E 609-49750-253 Wine For Resale WINE $458.93 Invoice 1080608352 3/16/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,104.53 Invoice 1080608350 3/16/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $61.83 Invoice 1080608351 3116/2017 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT -$12.00 Invoice R08030019 3/8/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $2,613.29 Refer X12 CLEAR RIVER BEVERAGE CO. Cash Payment E 609-49750-252 Beer For Resale BEER $216.00 Invoice 67-1580 3/9/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $216.00 Refer 13 DAHLHEIMER BEVERAGE LLC _ Cash Payment E 609-49750-252 Beer For Resale BEER $1,253.00 Invoice 142613 3/8/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $490.00 Invoice 142794 3/15/2017 -813- CITY OF MOUND 03/23/17 11:22 AM Page 3 Payments Current Period: March 2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $1,743.00 Refer 14 ENKI BREWING COMPANY _ Cash Payment E 60949750-254 Soft Drinks/Mix For Resa BEER $65.87 Invoice 6901 3/14/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $65.87 Refer 15 GRAPE BEGINNINGS, INCORPORA Cash Payment E 609-49750-253 Wine For Resale WINE $783.98 Invoice 18426 3/16/2017 Cash Payment E 609-49750-265 Freight FREIGHT $6.75 Invoice 18426 3/16/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $790.73 Refer 16 HOHENSTE/NS, INCORPORATED Cash Payment E 609-49750-252 Beer For Resale BEER $615.00 Invoice 882956 3/16/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $615.00 Refer 17 J & N SPECIALTY IMPORTS, LLC Cash Payment E 609-49750-253 Wine For Resale WINE $400.00 Invoice 5020 3/13/2017 _ Transaction Date 3/22/2017 Wells Fargo 10100 Total $400.00 Refer__ 18 JJ TAYLOR. DISTRIBUTING MINN Cash Payment E 609-49750-252 Beer For Resale BEER $4,300.36 Invoice 2650501 3/15/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $24.60 Invoice 2650502 3/15/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $2,600.55 Invoice 2650477 3/8/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $123.00 Invoice 2650524 3/16/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $7,048.51 Refer 20 JOHNSON BROTHERS LIQUOR _ _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,368.83 Invoice 5677130 3/15/2017 Cash Payment E 609-49750-253 Wine For Resale WINE $2,413.60 Invoice 5677131 3/15/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT -$134.00 Invoice 617314 3/7/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $5,648.43 Refer 19 JOHNSON BROTHERS LIQUOR - Cash Payment E 60949750-251 Liquor For Resale LIQUOR $4,621.95 Invoice 5672022 3/8/2017 Cash Payment E 60949750-253 Wine For Resale WINE $5,463.70 Invoice 5672023 3/8/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $20.00 Invoice 5672024 3/8/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $10,105.65 Refer 21 MARLIN S TRUCKING DELIVERY _ _814_ CITY OF MOUND 03/23/17 11:22 AM Page 4 Payments Current Period: March 2017 Cash Payment E 609-49750-265 Freight DELIVERY SVC 3-02-17 $356.70 Invoice 32946 3/2/2017 Cash Payment E 609-49750-265 Freight DELIVERY SVC 3-06-17 $34.80 Invoice 32954 3/6/2017 Cash Payment E 609-49750-265 Freight DELIVERY SVC 3-09-17 $358.15 Invoice 32969 3/9/2017 Cash Payment E 609-49750-265 Freight DELIVERY SVC 3-13-17 $56.55 Invoice 32977 3/13/2017 _ Transaction Date 3/22/2017 Wells Fargo 10100 Total $806.20 Refer 25 MILLNER HERITAGE VINEYARD & Cash Payment E 609-49750-253 Wine For Resale WINE $426.00 Invoice 23-117-1 3/11/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $426.00 Refer MOUND MARKETPLACE ASSOC --22 Cash Payment E 609-49750-412 Building Rentals MARCH 2017 COMMON AREA MTCE & $0.00 INSURANCE HWS Invoice 022817 3/1/2017 _ Transaction Date 3/22/2017 Wells Fargo 10100 Total $0.00 Refer 23 MOUND, CITY OF _ Cash Payment E 609-49750-382 Water Utilities WATER SERVICE 2-2-17 THRU 3-3-17 NWS $61.80 Invoice 032817 3/20/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $61.80 Refer 26 PAUSTIS AND SONS WINE COMPA Cash Payment E 609-49750-253 Wine For Resale WINE $1,185.63 Invoice 8582916 3/15/2017 Cash Payment E 609-49750-265 Freight FREIGHT $16.25 Invoice 8582916 3/15/2017 Cash Payment E 609-49750-253 Wine For Resale WINE $8.00 Invoice 8583273 3/15/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $1,209.88 Refer 24 PAUSTIS AND SONS WINE COMPA _ Cash Payment E 609-49750-253 Wine For Resale WINE $526.00 Invoice 8582532 3/8/2017 Cash Payment E 609-49750-265 Freight FREIGHT $4.50 Invoice 8582532 3/8/2017 Cash Payment E 609-49750-253 Wine For Resale WINE $9.00 Invoice 8582572 3/8/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $539.50 Refer 28 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-253 Wine For Resale WINE $2,296.25 Invoice 2131414 3/8/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $658.20 Invoice 2131413 3/8/2017 _ Transaction Date 3/22/2017 Wells Fargo 10100 Total $2,954.45 Refer 27 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,556.90 Invoice 2135015 3/15/2017 -815- CITY OF MOUND 03/23/17 11:22 AM Page 5 Payments Current Period: March 2017 M Cash Payment E 609-49750-253 Wine For Resale WINE $635.50 Invoice 2135016 3/15/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $69.75 Invoice 2135017 3/15/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $2,262.15 Refer 29 RED BULL DISTRIBUTION CO. INC _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $49.00 Invoice K-23468731 3/9/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $49.00 Refer 30 SHANKEN COMMUNICATIONS, INC _ Cash Payment E 609-49750-255 Misc Merchandise For R WINE SPECTATOR PUBLICATIONS 3-31-17 $15.00 EDITION Invoice S0568900 2/21/2017 _ Transaction Date 3/22/2017 Wells Fargo 10100 Total $15.00 Refer 32 SOUTHERN WINE & SPIRITS OF M Cash Payment E 609-49750-253 Wine For Resale WINE $2,950.66 Invoice 1517349 3/9/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,007.50 Invoice 1517350 3/9/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $5,958.16 Refer r� 31 SOUTHERN WINE & SPIRITS OF M Cash Payment E 609-49750-253 Wine For Resale WINE $1,072.66 Invoice 1519993 3/16/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,243.38 Invoice 1519994 3/16/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $83.10 Invoice 1519995 3/16/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $2,399.14 Refer 33 ST. CLOUD REFRIGERATION, INC _ Cash Payment E 609-49750-400 Repairs & Maintenance HVAC REPAIR- HWS- REPLACE HEAT $1,840.77 EXCHANGER, BURNT OFF, CHECKED GAS PRESSURE & VERIFIED HEAT OPERATION Invoice W14853 3/7/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $1,840.77 Refer 34 THORPE DISTRIBUTING COMPAN Cash Payment E 609-49750-252 Beer For Resale BEER $3,340.70 Invoice 1233613 3/15/2017 Cash Payment E 609-49750-252 Beer For Resale BEER credit -$1,275.75 Invoice 1233614 3/15/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $173.70 Invoice 1233615 3/15/2017 Cash Payment E 609-49750-252 Beer For Resale BEER credit -$37.70 Invoice 167-275 3/15/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $2,200.95 Refer 35 VINOCOPIA, INCORPORATED _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $135.25 Invoice 0175773 3/16/2017 -816- CITY OF MOUND 03/23/17 11:22 AM Page 6 Payments Current Period: March 2017 Cash Payment E 609-49750-265 Freight FREIGHT $2.00 Invoice 0175773 3/16/2017 Cash Payment E 609-49750-253 Wine For Resale WINE $184.00 Invoice 0175775 3/16/2017 Cash Payment E 609-49750-265 Freight FREIGHT $4.00 Invoice 0175775 3/16/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa SODA $120.00 Invoice 0175774 3/16/2017 Cash Payment E 609-49750-265 Freight FREIGHT $12.00 Invoice 0175774 3/16/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $457.25 Refer 36 WINE COMPANY _ Cash Payment E 609-49750-253 Wine For Resale WINE $866.69 Invoice 30473 3/9/2017 Cash Payment E 609-49750-265 Freight FREIGHT $11.55 Invoice 30473 3/9/2017 Cash Payment E 609-49750-253 Wine For Resale WINE $288.00 Invoice 31064 3/16/2017 Cash Payment E 609-49750-265 Freight FREIGHT $6.30 Invoice 31064 3/16/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $1,172.54 Refer 37 WINE MERCHANTS _ Cash Payment E 609-49750-253 Wine For Resale WINE $946.00 Invoice 7124288 3/15/2017 Cash Payment E 609-49750-253 Wine For Resale WINE $1,253.00 Invoice 7123444 3/8/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa mix $19.75 Invoice 7124289 3/15/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $2,218.75 Refer 38 WRS IMPORTS, LLC _ Cash Payment E 609-49750-253 Wine For Resale WINE $216.00 Invoice 1308 3/8/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $216.00 Refer 39 Z WINES USA LLC _ Cash Payment E 609-49750-253 Wine For Resale WINE $160.00 Invoice 17848 3/10/2017 Cash Payment E 609-49750-265 Freight FREIGHT $5.00 Invoice 17848 3/10/2017 Cash Payment E 609-49750-253 Wine For Resale WINE $160.00 Invoice 17850 3/15/2017 Cash Payment E 609-49750-265 Freight FREIGHT $2.50 Invoice 17850 3/15/2017 Transaction Date 3/22/2017 Wells Fargo 10100 Total $327.50 i CITY OF MOUND 03/23/1711:22 AM Page 7 Payments Current Period: March 2017 Fund Summary 10100 Wells Fargo 609 MUNICIPAL LIQUOR FUND $73,072.76 $73,072.76 Pre -Written Checks $0.00 Checks to be Generated by the Computer $73,072.76 Total $73,072.76 Batch Name 032817CITY-2 Payments CITY OF MOUND 03/23/17 11:34 AM Page 1 Payments Current Period: March 2017 User Dollar Amt Computer Dollar Amt $31,788.41 $31,788.41 $0.00 In Balance Refer 32 ABM EQUIPMENT AND SUPPLY, 1N Cash Payment E 602-49450-404 Machinery/Equip Repairs REPAIR LIFTMORE CRANE- SVC & INSPECT $1,672.32 Invoice 0151079 3/21/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $1,672.32 Refer 33 GOVDEALS Cash Payment E 101-43100-440 Other Contractual Servic 7.5% AUCTION FEE - STREET DEPT GOODS $22.57 SOLD ONLINE FEB 2017- PLOW -STREETS DEPT Invoice 53795 2/28/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $22.57 Refer 34 HAWKINS, INCORPORATED Cash Payment E 601-49400-227 Chemicals 150 LB CHLORINE CYLINDERS- 6 QTY $897.00 WATER DEPT Invoice 4039060 3/6/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $897.00 Refer 35 LAWSON PRODUCTS, INC Cash Payment E 60249450-220 Repair/Maint Supply SHOP SUPPLIES- PUB WKS- STEEL FLAT $95.88 WASHERS, HEX CAPS SCREW GRADE, HEX NUTS, ALUMINUM PULL RIVETS Invoice 9304781751 3/10/2017 Project 17-3 Cash Payment E 602-49450-220 Repair/Maint Supply SHOP SUPPLIES- PUB WKS- ALUMINUM $266.75 RIVETS, NYLON CABLE TIES, FLAT MIRROR HEADS, PIPE TAPE, GLOSS MTCE PAINT, CONNECTORS, SEAL RINGS, NUTS, CONN PLUGS, SELF DRILL SCREWS, SCREEN MESH, CUT-OFF WHEEL, GRND WHEEL Invoice 9304781752 3/10/2017 Project 17-3 Cash Payment E 101-45200-220 Repair/Maint Supply SHOP SUPPLIES- PARKS- LIFT ARM PINS, $20.57 STEEL HOSE CLAMPS- QTY 200 Invoice 9304781336 3/10/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $383.20 Refer, 36 LEAGUE MN CITIES INSURANCE T Cash Payment E 101-41110-151 Workers Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $18.31 17 TO 2-1-18 Invoice 032817 3/6/2017 Cash Payment E 101-41310-151 Workers Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $261.59 17 TO 2-1-18 Invoice 032817 3/6/2017 Cash Payment E 10141500-151 Workers Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $863.25 17 TO 2-1-18 Invoice 032817 3/6/2017 Cash Payment E 101-42115-151 Workers Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $49.69 17 TO 2-1-18 Invoice 032817 3/6/2017 Cash Payment E 101-42400-151 Workers Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $442.09 17 TO 2-1-18 Invoice 032817 3/6/2017 -819- CITY OF MOUND 03/23/1711:34 AM Page 2 Payments Current Period: March 2017 Cash Payment E 101-43100-151 Workers Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $4,970.21 17 TO 2-1-18 Invoice 032817 3/6/2017 Cash Payment E 101-45200-151 Worker s Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $3,165.24 17 TO 2-1-18 Invoice 032817 3/6/2017 Cash Payment E 222-42260-151 Worker s Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $7,219.88 17 TO 2-1-18 Invoice 032817 3/6/2017 Cash Payment E 281-45210-151 Worker s Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $91.56 17 TO 2-1-18 Invoice 032817 3/6/2017 Cash Payment E 601-49400-151 Worker s Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $3,531.47 17 TO 2-1-18 Invoice 032817 3/6/2017 Cash Payment E 602-49450-151 Worker s Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $3,531.47 17 TO 2-1-18 Invoice 032817 3/6/2017 Cash Payment E 609-49750-151 Workers Comp Insuranc 1ST INSTALLMENT WORKERS COMP INS 2-1- $2,014.24 17 TO 2-1-18 Invoice 032817 3/6/2017 Cash Payment E 675-49425-151 Worker s Comp Insuranc 1 ST INSTALLMENT WORKERS COMP INS 2-1- $0.00 17 TO 2-1-18 Invoice 032817 3/6/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $26,159.00 Refer 37 LUBE -TECH & PARTNERS, LLC Cash Payment E 602-49450-220 Repair/Maint Supply NATL SPENCER 757 POLY MEASURE- PUB $25.60 WKS Invoice 910196 3/16/2017 Project 17-3 Cash Payment E 602-49450-220 Repair/Maint Supply MOBIL DELVAC 5W40 OIL DRUM- PUB WKS $1,570.50 Invoice 911776 3/20/2017 Project 17-3 Transaction Date 3/23/2017 Wells Fargo 10100 Total $1,596.10 Refer 38 MINNESOTA EQUIPMENT-(SCHAR Cash Payment E 101-45200-220 Repair/Maint Supply HYPR-OIL PARKS- TORO GRAND STAND $52.76 MOWERS Invoice P53451 3/8/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $52.76 Refer 39 TOLL GAS AND WELDING SUPPLY Cash Payment E 101-45200-220 Repair/Maint Supply H-10 MIG GUN 10 FT, ANCHOR CONTACT $178.82 TIP- PARKS Invoice 10179239 3/10/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $178.82 Refer 40 UNITED FARMERS COOPERATIVE Cash Payment E 101-45200-220 Repair/Maint Supply LINK PINS, LYNCH PINS- PARKS $8.88 Invoice 837930 3/9/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $8.88 Refer 41 WIDMER CONSTRUCTION, LLC Cash Payment E 601-49400-440 Other Contractual Servic WATER LEAK LOCATE @ 4943 CRESTVIEW $377.63 BLVD 2-24-17 Invoice 7495 3/22/2017 _820_ Current Period: March 2017 03/23/17 11:34 AM Page 3 Cash Payment E 601-49400-440 Other Contractual Servic WATER LEAK LOCATE @ 5024 GLENDALE $440.13 RD MARCH 2017 Invoice 7495 3/22/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $817.76 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 675 STORM WATER UTILITY FUND 10100 Wells Fargo $10,053.98 $7,219.88 $91.56 $5,246.23 $7,162.52 $2,014.24 $0.00 $31,788.41 Pre -Written Checks $0.00 Checks to be Generated by the Computer $31,788.41 Total $31,788.41 CITY OF MOUND 03/23/17 12:12 PM Page 1 Payments Current Period: March 2017 Invoice 6974-287984 2/3/2017 Cash Payment E 222-42260-409 Other Equipment Repair SWITCH ENGINE 12 TRUCK #24 $16.63 Invoice 6974-288893 2/20/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $90.34 Refer 44 G & K SERV/CES _ Cash Payment E 609-49750-460 Janitorial Services HWS -MAT SVC & SUPPLIES 02-20-17 $109.15 Invoice 1006347460 2/20/2017 Cash Payment E 609-49750-460 Janitorial Services HWS -MAT SVC & SUPPLIES 02-27-17 $153.50 Invoice 1006358761 2/27/2017 Cash Payment E 609-49750-460 Janitorial Services HWS -MAT SVC & SUPPLIES 03-06-17 $109.15 Invoice 1006370062 3/6/2017 Cash Payment E 609-49750-460 Janitorial Services HWS -MAT SVC & SUPPLIES 03-13-17 $109.15 Invoice 1006381303 3/13/2017 Cash Payment E 609-49750-460 Janitorial Services HWS -MAT SVC & SUPPLIES 03-20-17 $109.15 Invoice 1006392705 3/20/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $590.10 Refer 46 G & K SERVICES _ Cash Payment E 602-49450-210 Operating Supplies MAT SVC & SHOP SUPPLIES 02-20-17 $289.90 Invoice 1006347466 2/20/2017 Project 17-3 Cash Payment E602-49450-210 Operating Supplies MAT SVC & SHOP SUPPLIES 02-27-17 $164.42 Invoice 1006358762 2/27/2017 Project 17-3 Cash Payment E 602-49450-210 Operating Supplies MAT SVC & SHOP SUPPLIES 03-06-17 $111.87 Invoice 1006370064 3/6/2017 Project 17-3 Cash Payment E 602-49450-210 Operating Supplies MAT SVC & SHOP SUPPLIES 03-13-17 $156.58 Invoice 1006381304 3/13/2017 Project 17-3 Cash Payment E 602-49450-210 Operating Supplies MAT SVC & SHOP SUPPLIES 03-20-17 $344.67 Invoice 1006392709 3/20/2017 Project 17-3 Transaction Date 3/23/2017 Wells Fargo 10100 Total $1,067.44 Refer 45 G & K SERVICES Cash Payment E 101-45200-210 Operating Supplies Invoice 1006347465 2/20/2016 Cash Payment E 101-45200-210 Operating Supplies Invoice 1006358763 2/27/2016 Cash Payment E 101-45200-210 Operating Supplies Invoice 1006370065 3/6/2017 Cash Payment E 101-45200-210 Operating Supplies Invoice 1006381305 3/13/2017 Cash Payment E 101-45200-210 Operating Supplies Invoice 1006392710 3/20/2017 PARKS -MAT SVC & SUPPLIES 02-20-17 $104.97 PARKS -MAT SVC & SUPPLIES 02-27-17 $157.70 PARKS -MAT SVC & SUPPLIES 03-06-17 $104.97 PARKS -MAT SVC & SUPPLIES 03-13-17 $157.70 PARKS -MAT SVC & SUPPLIES 03-20-17 $104.97 -822- Current Period: March 2017 03/23/17 12:12 PM Page 2 Cash Payment E 101-45200-210 Operating Supplies PARKS -MAT SVC & SUPPLIES 08-22-16 $332.13 Invoice 1006855441 8/22/2016 $1,067.44 609 MUNICIPAL LIQUOR FUND Transaction Date 3/23/2017 Wells Fargo 10100 Total $962.44 Refer 42 TRUE VALUE MOUND (FIRE) Cash Payment E 222-42260-210 Operating Supplies 4 OZ PASTE/TEFLON-, MINI BRUSHES- 3 PK- $10.15 FIRE Invoice 141421 2/7/2017 Transaction Date 3/23/2017 Wells Fargo 10100 Total $10.15 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $962.44 222 AREA FIRE SERVICES $100.49 602 SEWER FUND $1,067.44 609 MUNICIPAL LIQUOR FUND $590.10 $2,720.47 Pre -Written Checks $0.00 Checks to be Generated by the Computer $2,720.47 Total $2,720.47 L MOUND CITY COUNCIL MINUTES March 14, 2017 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 14, 2017, at 7:00 p.m. in the Council chambers of the Centennial Building. Members present: Mayor Mark Wegscheid, Council Members, Jennifer Peterson, Ray Salazar, Kelli Gillispie, and Jeff Bergquist Members absent: None. Others present: Director of Finance and Administrative Services/Acting City Manager Catherine Pausche, Director of Community Development Sarah Smith, Field Officer Stewart Simon, Scott O'Brien, Roger Fink, Pat Buffington, Troy Koopman, Kevin Peterson, Yuliya Navasialetskaya, Karen Buffington, Nicole Brodzik, Chris Valerius 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, 1. Open meeting Mayor Wegscheid called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance 3. Approve agenda Wegscheid noted additional information for Agenda Item 7 and replacement page for Agenda Item 8. MOTION by Salazar, seconded by Bergquist, to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Salazar, seconded by Gillispie, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $287,808.40 B. Approve minutes: 2/21/17 special joint meeting - CC, PC, POSC 2/28/17 regular City Council meeting C. RESOLUTION O. 17-39: RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE 2018 STREET AND UTILITY IMPROVEMENT PROJECT, CITY PROJECT O. PW -18-01 D. RESOLUTION NO. 17-40: RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR WOUNDED WARRIOR SOLDIER RIDE MINNESOTA SPECIAL EVENT Mound City Council Minutes — March 14, 2017 5. Comments and suggestions from citizens present on any item not on the agenda. None offered. 6. Visit from State Senator David Osmek Osmek said the budget process has started and that because the Republican Party is in the majority, he is the chair of the Energy Committee. Osmek said his rural development fund bill is pending and that the Met Council reform bill will be heard this Thursday at 4:45 by the Transportation and Finance Committees for the language that applies to them. Osmek said the remaining portion of the bill has to do with the assignment of board commissioners based on county reps and elected representatives of the district, not the current appointments by the Governor. Osmek questions if the Governor will support it, but says it is important to raise the issue. Osmek said a "small cell" bill has stalled and that in order to make 5G work, the density of transmitters will have to increase and the industry has asked for the unrestricted use of public rights of way. Osmek said the advancement in technology is desirable, but has to be balanced with a City's right to permit it, so he is working with the LMC to protect those rights. Osmek said that he is considering running for governor in 2018. Mayor Wegscheid thanked Osmek for taking the time to provide an update. 7. Planning Commission Recommendation Consideration on PC Case No. 16-40 - Variance Proposed house/garage addition project 5488 Tonkawood Road Applicant: Christine Valerius Smith said the applicant has requested the item be tabled and has agreed to extend the deadline for action for another 60 days as allowed by State Statute. Staff recommends tabling the item and noted the date has to be specified. MOTION by Salazar, seconded by Bergquist, to table consideration of the following resolution until the April 11, 2017 regular meeting. All voted in favor. Motion carried. RESOLUTION NO. 17 -XX: RESOLUTION DENYING A VARIANCE FOR 5488 TONKAWOOD ROAD 8. Consideration of Ordinance amending Chapter 46 of the Mound City Code as it relates to Offenses Involving Public Safety Smith introduced the draft ordinance to regulate residency parameters for Level III Sex Offenders. Smith noted Orono adopted a similar ordinance, that restricts proximity to daycare centers, schools, parks, and playgrounds. Smith said the Level III sex offense is public information and can be regulated. Staff is recommending approval of the ordinance and the resolution to publish by title and summary. Smith noted no public hearing is required as it is not an amendment to the zoning ordinance. Smith also noted a violation of this ordinance is a misdemeanor and would not result in the offender being removed from the home. Mound City Council Minutes — March 14, 2017 Requested Actions: A. Action Approving Ordinance amending Mound City Code Chapter 46 as it relates to Offenses Involving Public Safety MOTION by Salazar, seconded by Gillispie, approving the following ordinance. All voted in favor. Motion carried. yKe'rel 914-14 1111 A W1 W-11 11SX91 21 a 4 Z &I *;I 10 kv nenomm 'm k U11:111111 I B. Approve Resolution to allow for publication of Ordinance by title and summary (requires 4/5s vote of City Council to approve) MOTION by Salazar, seconded by Gillispie, approving the following resolution. All voted in favor. Motion carried. 9. Information/Miscellaneous A. Comments/reports from Council Members B. Reports: Finance Department - January, 2017 YTD Fire Department - February 2017 C. Minutes: Planning Commission - February 7, 2017 D. Correspondence: 10. Adjourn MOTION by Peterson, seconded by Bergquist, to adjourn at 7:17 p.m. All voted in favor. Motion carried. Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk Real People. Real Solutions. March 22, 2017 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound, MN 55364 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: (952) 448-8805 Bolton-Menk.com RE: 2016 Street, Utility and Retaining Wall Improvements — Bartlett Blvd., Tuxedo Blvd. Phase II, and Cypress/Maywood City Project Nos. PW -16-01, PW -16-02, PW -16-03, PW -16-04 Pay Request No. 6 Dear Mr. Hoversten: Please find enclosed Pay Request No. 6 from Ryan Contracting Company for work completed on the 2016 Street, Utility and Retaining Wall Improvement Project from December 1, 2016 through March 20, 2017. The Contract Amount has been increased by $40,097.75 for the addition of various work items described in Change Order No. 3. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $80,480.91 to Ryan Contracting Company. Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. City Engineer Bolton & Wnk jA 27 DATE: 3/21/2017 CONTRACTOR'S PAY REQUEST NO. 6 CONTRACTOR Ryan Contracting Co. 2016 STREET, UTILITY & RETAINING WALL IMPROVEMENTS OWNER City of Mound CITY PROJECT NO. 16-01,16-02,16-03,16-04 ENGINEER Bolton & Menk SMI PROJECT NO. C12.110649, 012.110650, 012.110651 FOR WORK COMPLETED FROM 11/30/2016 THROUGF 3/2012017 TOTALAMOUNT BID.................................................................................................................................................... $ 2,758,554.25 APPROVED CHANGE ORDERS + EXTRA WORK...................................................................................... $ 121,364.55 CURRENTCONTRACT AMOUNT........................................................................................................... $ 2,879,918.80 TOTAL, COMPLETED WORK TO DATE........................................................................................................................ $ 2,626,273.56 TOTAL, STORED MATERIALS TO DATE.................................................................................................................... $ DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED.................................................................. $ - TOTAL, COMPLETED WORK & STORED MATERIALS............................................................................................... $ 2,626,273.56 RETAINEDPERCENTAGE 5.0% ).................... ..... ....... ........................... ........ ........ I ............ I............ $ 131,313.60 TOTALAMOUNT OF OTHER DEDUCTIONS .................... .... .......... ....... ........................ ...... ............ I ................... I... $ NET AMOUNT DUE TO CONTRACTOR TO DATE........................................................................................................ $ 2,494,959.87 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES.................................................................................................... $ 2,414,478.96 PAYCONTRACTOR AS ESTIMATE NO.6................................................................................................................... $ 80,480.91 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: Ryan Contracting Company 26480 France Ave. P4 Box 246 Elko New Market, MN 55020 By r Nae Title Date L/ _ CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC..` ENGINEERS, 2638 SHADOW LN, SUITE 200,/C�HASKA MN 55318 ByC, ,ti .tom..% CITY ENGINEER Daniel L. Faulkner Date 1A') r� APPROVED FOR PAYMENT: Owner: CITY OF MOUND By Name Title Date Iwo Real People. Real Solutions. March 22, 2017 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: Island Park Watermain Loop City Project No. PW -15-10 Pay Request No. 1 Dear Mr. Hoversten: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952)448-8838 Fax: (9521448-8805 Bolton-Menk.com Please find enclosed Pay Request No. 1 from Widmer Construction for work completed on the Island Park Watermain Loop Improvement Project from February 20, 2017 through March 14, 2017. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $117,299.83 to Widmer Construction, LLC. Sincerely, Bolton & Menk, Inc. -4 aaJJZ4-t� Daniel L. Faulkner, P.E. City Engineer Bolton & Menk is DATE: 3/22/2017 CONTRACTOR'S PAY REQUEST NO. 1 CONTRACTOR Widmer Construction Island Park Watermain Loop OWNER City of Mound CITY PROJECT N0, PW -15-10 ENGINEER Bolton & Menk BMI PROJECT NO. C12.109550 FOR WORK COMPLETED FROM 2120/2017 THROUGH 3/14/2017 TOTALAMOUNT BID, .............................................. ............ ............... .......................................................... $ 217,126.50 APPROVED CHANGE ORDERS.. $ CURRENT CONTRACT AMOUNT............................................................ ... $ 217,126.50 TOTAL, COMPLETED WORK TO DATE................................................................................. ......... $ 123,473.50 TOTAL, STORED MATERIALS TO DATE... ............. ............ ....... $ DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED............................................................. $ TOTAL. COMPLETED WORK & STORED MATERIALS— .... .... — ..... ................... .............................. ............... $ 123,473.50 RETAINED PERCENTAGE ( 5% )...................................................................................... .. $ 6.173.68 TOTAL AMOUNT OF OTHER DEDUCTIONS........................................................................... ....................... $ NET AMOUNT DUE TO CONTRACTOR TO DATE. ... .......... .............................. ........... ....................... $ 117,299.83 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES ........................... PAY CONTRACTOR AS ESTIMATE NO, 1— ...................... ................................................................... ....... $ 117,299.83 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: Widmer Construction, LLC 9455 County Rd, 15 Maple Plain, MN 55359 By Nary% Title Date -3 d' -'/% CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON s & MENNC. RS, 2638 SH OW L UIQ 0, CNASKA MN 55318 PROJECT ENGINEER Daniel L. Faaulknneee�,, Date "_`31 APPROVED FOR PAYMENT: / Owner: CITY OF MOUND By Name Title Date Real People. Real Solutions. March 22, 2017 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2016 Lift Station Improvement Project City Project No. PW -16-05 Pay Request No. 2 Dear Mr. Hoversten: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952)448-8838 Fax: (9521448-8805 Botton-Menk.com Please find enclosed Pay Request No. 2 from Pember Companies, Inc. for work completed on the 2016 Lift Station Improvement Project from October 28, 2016 through March 14, 2017. The contractor has been unable to work on the Lynwood lift station D2 site due to environmental issues, which are being resolved, but has completed work on the Windsor Road lift station S 1 site. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $855.00 to Pember Companies, Inc. Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. City Engineer Bolton & Menk is DATE: 3/17/2017 CONTRACTOR'S PAY REQUEST NO. 2 2016 Lift Station improvements City Project No. PW -16-05 BMI PROJECT NO. 012.111100 FOR WORK COMPLETED FROM 10/28/2016 THROUGH 3/14/2017 CONTRACTOR Pember Companies, Inc OWNER City of Mound ENGINEER Bolton & Menk TOTALAMOUNT BID ...................... ................... ...... ............. .............. ............. ................. ........... ........ ................ I.— $ 168,112.05 APPROVED CHANGE ORDERS + EXTRA WORK..... ...................... -- ............ ............ ..................... $ - CURRENT CONTRACT AMOUNT............................................................................................................ $ 168,112.05 TOTAL, COMPLETED WORK TO DATE.. — ..... ........................ — ....... ........................................ ................. ---- $ 40,178.44 TOTAL, STORED MATERIALS TO DATE................................................................................................................. $ - DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED................................................................. $ - TOTAL, COMPLETED WORK & STORED MATERIALS............................................................................................. $ 40,178.44 RETAINED PERCENTAGE { 5.0% )...................................................................................................... $ 2,008.92 TOTAL AMOUNT OF OTHER DEDUCTIONS............................................................ ................................... I ........ ., $ - NET AMOUNT DUE TO CONTRACTOR TO DATE .............................. ........................ ........ ............ I ..... ........... .......... $ 38,169.52 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES......................................................................I.................I........ $ 37,314.52 PAY CONTRACTOR AS ESTIMATE NO. 2............................................................................................................... $ 855.00 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 Companies, Inc. N 4449 469th Street Menomonie, WI 54751 By Name Title Date CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENKK,IINC., ENGINEERS, 2638 S��HADOWLN1, SUITE 200, CHASKA MN 55318 By t � G�e�t,-°c.�y6'`pt-t,.— PROJECT ENGINEER Daniel L. Faulkner ry Date APPROVED FOR PAYMENT: Owner: CITY OF MOUND By Name Title Date Real People. Real Solutions. March 22, 2017 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2016 Street, Utility and Retaining Wall Improvement Project Change Order No. 3 City Project Nos. PW -16-01, PW -16-02, PW -16-03 Dear Mayor and Council Members: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: (952) 448-8805 Botton-Menk.com Attached is Change Order No. 3 which increases the contract amount by $40,097.75 and adds five items to the list of contract items. All of these items, which are detailed in the Change Order, relate to unknowns, such as water service sizes, storm sewer structure configurations and underground drain tile. Once the contractor begins construction excavation, unknown issues are typically encountered and need to be dealt with in a timely manner for the project to proceed toward a satisfactory completion. The contractor has been responsive to the unknown issues encountered and has worked with staff on mutually acceptable responses. We recommend approval of the attached Resolution approving Change Order No. 3. Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. City Engineer Bolton & Menk is a-83 Date of Issuance: 3/23/2017 Effective Date: 3/28/2017 Project: 2016 Street, Utility, & Owner: City of Mound, MN Owner's Contract Nos.: PW -16-01 Retaining Wail Improvements Contract: 2016 Street, Utility, & Retaining Wall Improvements -- Date of Contract: 4/12/2016 Bartlett Blvd, Tuxedo Blvd Phase II, Maywood Rd/Cypress Ln Contractor: Ryan Contracting Company, 26480 France Ave. PO Engineer's Project No.: C12.110649 Box 246,E1ko New Market, MN 55020 The Contract Documents are modified as follows anon execution of this Change Order: Description: - 9 oversized water services discovered on Bartlett Blvd (4) and Cypress/Maywood (5) - added Material and Labor cost; extra labor for storm structure replacement; discovered 6" drain tile from Shirley Hills .Attachments (list documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days 0 Calendar days Substantial completion (days or date): 10/28/2016 $ 2,758,554.25 Ready for final payment (days or date): 6/30/2017 Increase Decrease] from previously approved [No Change] from previously approved Change Orders iange riders No. I and Extra Work : No. 2: Substantial completion (days): I IA2/2016 $ 81,266.80 Ready for final payment (days): No Change Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): 11/12/2016 $ 2.839.821.05 Ready for final payment (days or date): 6/30/2017 (No Change] of this Change Order: Increase Decrease] of this Change Order: Substantial completion (days or date): No Change $ 40 097.75 Ready for final payment (days or date): No Change Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): 11/12/2016 $ Z879,918.80 Ready for final payment (days or date): 6/30/2017 RECOMMEND ACCEPTED: ACPTE r By: "-' AP �-- By: By: `-�� Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Author' as Date: .-.�- /� �-�� G f �' Date: Date: _� '� � -tom_ X Approved by Funding Agency (if applicable): Date: EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Commitrre and endorsed by the Construction Specifications Institute. P-834- Change Order No. 3 Reason for Change Order: Item 1. Contractor encountered 4 water services on Bartlett Blvd., one of which was unknown, that were larger than the 1 -inch copper pipe bid item. The additional cost is for 1 %2 -inch services and additional time with the unknown service to a home on Channel Road. Item 2. Contractor encountered 5 water services on Cyress Ln/Maywood Rd that were larger than the 1 -inch copper pipe bid item. The additional cost is for the 1 1/2 -inch services. Item 3. Contractor had to make field adjustments to several replacement storm structures on Tuxedo Blvd. to fit the existing storm sewer pipes into the new structures and properly match curb elevations. Item 4. Contractor had to snake field adjustments to some of the replacement storm structures on Bartlett Blvd. to fit the existing storm sewer pipes into the new structures and properly match curb elevations. Item 5. Contractor discovered an unknown source of water during Bartlett street excavation for new watermain and subsequently located a 6 -inch drain tile line coming from Shirley Hills School with no apparent outlet connection. The additional cost covers the delay that the contractor suffered due to this unknown source of water and the exploratory digging and for connecting to the City's storm structure. Contract Modifications: Five additional items are to be added to the list of bid items as follows: 1. Oversized Water Services: Bartlett Boulevard $10,910.75 2. Oversized Water Services: Cypress/Maywood $16,815.00 3. Storm Sewer Field Fit: Tuxedo Boulevard $5,836.77 4. Storm Sewer Field Fit: Bartlett Boulevard $1,556.23 5. Shirley Hills School Unknown Drain Tile $4,979.00 TOTAL $40,097.75 EJCDC C-941 Change order Prepared by the Engineers Joint Contract Documents Coynntittor send endorsed by the Construction specifications institute. P-835- 4*61 itil 101! RESOLUTION APPROVING CHANGE ORDER NO. 3, 2016 STREET, UTILITY & RETAINING WALL IMPROVEMENTS — CITY PROJECT NOS. PW -16-01, PW -16-02, PW -16-03 WHEREAS, Resolution 16-39 awarded the contract for the 2016 Street, Utility & Retaining Wall Improvements — Bartlett Boulevard, Tuxedo Boulevard Phase II, Maywood Road/Cypress Lane to Ryan Contracting Company (contractor) in the amount of $2,758,554.25; and WHEREAS, a watermain air release manhole on Tuxedo Boulevard was discovered to be in poor condition and was removed and replaced as directed by the engineer at a cost of $16,275.00; and WHEREAS, Change Order No. 1 was approved on October 25, 2016 increasing the contract amount by $64,082.00; and WHEREAS, the contractor was directed by the engineer to add temporary striping to Tuxedo Boulevard, after the base layer of asphalt was installed, at a cost of $909.80; and WHEREAS, five additional items as explained in the attached Change Order No. 3 would add a total of $40,097.75 to the current contract with Ryan Contracting Company; and WHEREAS, Change Order No. 3 has been prepared, signed by the contractor and submitted to the City for approval; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: That Change Order No. 3, attached to this Resolution, totaling $40,097.75 is hereby approved and further, the new total contract amount is increased from $2,839,821.05 to $2,879,918.80 Adopted by the City Council this 28th day of March, 2017. Mayor, Mark Wegscheid Attest: Catherine Pausche, City Clerk TO: Honorable Mayor and City Council APPLICANTS: Don and Roxanne Goodwin / Tom and Melissa Polusny DATE: March 22, 2017 LOCATION: Undeveloped Right of Way and Devon Commons Adjacent to Properties Located at 4941 Island View Drive and 4937 Island View Drive COUNCIL MEETING DATE: March 28, 2017 REQUEST City Code Section 62-11 regulates use of public lands in the City of Mound and states that construction of any kind on any public way, park, or commons, or the alteration of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land permit is issued. SITE INFORMATION Applicants, Don and Roxanne Goodwin and Tom and Melissa Polusny, are requesting a Public Lands Permit to undertake improvements in the undeveloped ROW and in Devon Commons which extends to Lake Minnetonka that abuts their properties at 4941 Island View Drive and 4937 Island View Drive. The proposed project generally includes landscaping/plantings, boulder placement and retaining wall construction and is being undertaken to improve the overall area of the subject properties and adjacent public lands. DEPARTMENT/CONSULTANT/AGENCY REVIEW Copies of the request and all supporting materials were forwarded to involved departments, consultants and agencies for review and comment. NOTIFICATION Property owners abutting the subject sites, per Hennepin County tax records, were mailed a letter on March 22, 2017, to inform them of the City Council's consideration of the permit application at its March 28, 2017 meeting. -837- DISCUSSION 1. The City Council, at its November 22, 2016 meeting, approved a resolution approving an Expansion Permit and Public Lands Permit to undertake a replacement home and deck project on the property at 4941 Island View Drive. The City Council, at its February 14, 2017 meeting, approved a Public Lands Permit to undertake a proposed landscaping project on Devon Commons which abuts the property at 4941 Island View Drive. The City Council, at its February 28, 2017 meeting, approved a Public Lands Permit to remove a tree located in the vicinity of the side lot line for the property at 4941 Island View Drive that abuts the undeveloped ROW. 2. The shoreline is Type C: Shoreline with no traversable space. Not accessible by public right of way (abutting property owners only). 3. The proposed landscaping project generally includes plantings and related improvements (i.e., boulders, retaining walls, etc.). These improvements, along with steps and stairs are generally considered acceptable but are subject to review and acceptance and require approval if located on public property. Applicant is advised that a private improvement is open to removal if the City needs access to the Commons or has the need for construction on the land and only grass/cover material is replaced. The City also would not be liable or responsible for any proposed replacement. 4. With regard to properties in shoreland areas, which would include Devon Commons, the code includes provisions for certain structures, landscaping, land alteration, etc. including conditions related to same. Please see below: The City's shoreland regulations are contained in City Code Section 129-385. Specific regulations for stairways, lifts and landings are contained in City Code Section 129-385 (d) (2) (c). In general, stairways for residential properties in shoreland areas are permitted as long as they do not exceed four (4) feet in width; also landings up to 32 SF. A grading permit is required for projects on steep slopes or within shore or bluff impact zones involving the annual movement of (10) cubic yards of material. 5. Hardcover up to 40 percent is allowed for properties with "Lot of Record" status, subject to conditions. F-031001 6. No filling or grade alteration at or below 931.5 elevation (MCWD 100 -year floodplain elevation) is allowed unless a permit from the MCWD is approved. 7. All structures shall be constructed at the 933.0 Regulatory Flood Protection Elevation. 8. Retaining walls are considered to bean allowable encroachment in setback areas. Any retaining wall exceeding four (4) feet requires a building permit and includes the submittal of engineering and/or structural certification. 9. No stockpiling of construction or other related materials is allowed in shoreland, floodplain or Commons areas. 10. Appropriate sediment and erosion control measures must be maintained on site until such time as vegetation has been established and/or subject area has been properly restored. Applicant to coordinate involved erosion control activities with the Public Works Superintendent. 11. Applicants are advised that the seasonal road restrictions are currently in effect and will remain in place until the restriction is lifted. The general "end" date for road restriction is around May 15th. SITE INSPECTION Council Members are encouraged to visit the sites prior to the meeting. b 90 Staff recommends approval of the Public Lands Permit application to allow landscaping and related site improvements in the undeveloped ROW and on Devon Commons abutting the properties at 4941 Island View Drive and 4937 Island View Drive, subject to the following conditions: 1. Prior to commencing any site or land alteration activities, the final construction plans related to work in the Commons shall be subject to review and acceptance by the Community Development and Public Works Departments. Applicants shall be responsible for obtaining any other local permits (i.e., building permit, grading permit, etc.) that is required for the project. Applicants are also requested to discuss parking/staging for involved construction vehicles and materials needed for the proposed project; also the seasonal road restrictions. 2. Proposed structures/improvements shall meet the provisions of the City Code in all regards. 3. In addition to the Public Lands Permit, applicants shall be responsible for obtaining all required agency permits (i.e., MCWD permit, etc.) needed to undertake the project. 4. Hardcover on the Commons shall be minimized to the fullest extent possible and shall not exceed 40 percent. 5. If required, execution of an agreement(s) by the applicants, shall be prepared on behalf of the City of Mound, to include the required waiver of liability for the City and well as preservation of the City's rights to the Commons and easements and provisions related to need for access to undertake either maintenance or emergency work and the City's restoration policy. Agreement to be in recordable form and any lienholder of recorder shall also join in or consent to the agreement. All fees incurred by the City of Mound related to the preparation and execution of an agreement shall be the responsibility of the applicants. The City Manager shall be responsible for determining whether an agreement(s) is required. In recommending approval of the Public Lands Permit, Staff offers the following findings of fact: 1. The landscaping and site improvements will enhance the properties and immediate vicinity including the ROW and Devon Commons and will improve existing conditions. 2. The shoreline is Type C: Shoreline with no traversable space. It is not accessible by public right of way and is used by abutting property owners only. A draft resolution, based on Staff recommendation, has been prepared for Council consideration. '�1 CITY OF • RESOLUTIONNO. TO APPROVE PUBLIC PROPERTIES D 4937 ISLAND VIEW DRIVE WHEREAS, the applicants, Don and Roxanne Goodwin and Tom and Melissa Polusny, own the properties at 4942 Island View Drive and 4937 Island View Drive respectively and are requesting a Public Lands Permit to undertake a landscaping project on Devon Commons and within the undeveloped right of way that abuts their properties and extends to Lake Minnetonka; and WHEREAS, Section 62-11, requires City Council approval by a majority vote for construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park or commons; and WHEREAS, details regarding the request are contained in the Public Lands Permit Report dated March 22, 2017; and WHEREAS, Staff recommended approval of the Public Lands Permit application subject to conditions; and WHEREAS, the City Council considered this request at their meeting of Tuesday, March 28, 2017; and WHEREAS, in approving the Public Lands Permit, the City Council makes the following findings of fact: The landscaping and site improvements will enhance the properties and immediate vicinity including the ROW and Devon Commons and will improve existing conditions. 2. The shoreline is Type C: Shoreline with no traversable space. It is not accessible by public right of way and is used by abutting property owners only. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby incorporate and restate the recitals set forth above and approves the Public Lands Permit with the following conditions: Prior to commencing any site or land alteration activities, the final construction plans related to work in the Commons shall be subject to review and acceptance by the Community Development and Public Works Departments. Applicants shall be responsible for obtaining any other local permits (i.e., building permit, grading permit, etc.) that is required for the project. Applicants are also requested to discuss parking/staging for involved construction vehicles and materials needed for the proposed project; also the seasonal road restrictions. 2. Proposed structures/improvements shall meet the provisions of the City Code in all regards. 3. In addition to the Public Lands Permit, applicants shall be responsible for obtaining all required agency permits (i.e., MCWD permit, etc.) needed to undertake the project. 4. Hardcover on the Commons shall be minimized to the fullest extent possible and shall not exceed 40 percent. 5. If required, execution of an agreement(s) by the applicants, shall be prepared on behalf of the City of Mound, to include the required waiver of liability for the City and well as preservation of the City's rights to the Commons and easements and provisions related to need for access to undertake either maintenance or emergency work and the City's restoration policy. Agreement to be in recordable form and any lienholder of recorder shall also join in or consent to the agreement. All fees incurred by the City of Mound related to the preparation and execution of an agreement shall be the responsibility of the applicants. The City Manager shall be responsible for determining whether an agreement(s) is required. Adopted by the City Council this 28th day of March 28, 2017. Mayor Mark Wegscheid, Mayor Attest: Catherine Pausche, City Clerk FEB 2 8 2017 PUBLIC LANDS APPLICATION 2415 Wilshire Boulevard, Mound, MN 55364 Phone 952-472-0600 Fax 952-472-0620 Parks and Open Space Commission Date Building Official Date Received City Council Date Parks Director T— DNR MCWD P blit WcXks Other Check One N ❑ CONSTRUCTION ON PUBLf6 AN)ONSTRUCTION PERMIT – new construction. NOTE: �O PERMIT SHALL BE ISSUED FOR OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND - City Code Section 62-11(a) & (q). ❑ PUBLIC LAND MAINTENANCE PERMIT – to allow repairs to an existing structure - City Code Section 62-11(c). ❑ CONTINUATION OF STRUCTURE – to allow an existing encroachment to remain in an "as is" condition - City Code Section 62-11(g). LAND ALTERATION – change in shoreline, drainage, slope, trees, vegetation, fill, etc. - City Code Section 62-11(d). The structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, sheds, etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance, which means that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and are non -transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new permit is applied for due to a change in dock site holder. Please type or print Iegib K-0 Y- c�4,C4,,i..-flowe*s.""0 awf1e0K,4, APPLICANT Name "rep,,. 4 Email +_ ®►� e, r ►�a�:(_ ,ear,„ Address �5 -11 kik, k, . >� cily,�L t fv s - 44, . vyLt-i 11 F - Phone (H) Address (W) (M) 4,a..3z-7. ��al-Tdati, ao 1 CZ 3 Lot 445 Block o2 -2 - Subdivision -ID-CIV ® h ,� S -IIS 2'F r11-Qtt9 PID # ` o l t $ Zoning: R1 RIA R2 R3 B1 B2 B3 (Circle one) Public Lands Permit Application Page 1 of 2 Revised 4/12/2016 A FEE OF $200.00 APPLIES IF VALUATION OF PROJECT EXCEEDS $1,000.00 AND NO PUBLIC BENEFIT IS DERIVED. PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) $ 1 to, 1,o-76, u-0 DESCRIBE REQUEST& PURPOSE U Public Lands Permit Application Page 2 of 2 Revised 411212016 IF - PUBLIC Name Nam Email PROPERTY T DockSite4 Shoreline Type CONTRACTOR Name Ploy i -v 4U '6 Email Address 81 b i fl= Phone (H) 1762— L4-71. Q.Ii5� (M) t0a. la'. I g (W) I A FEE OF $200.00 APPLIES IF VALUATION OF PROJECT EXCEEDS $1,000.00 AND NO PUBLIC BENEFIT IS DERIVED. PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) $ 1 to, 1,o-76, u-0 DESCRIBE REQUEST& PURPOSE U Public Lands Permit Application Page 2 of 2 Revised 411212016 IF - NORLING'S LAKE MINNETONKA a LANDSCAPES, INC. `.'8 P.O. BOX 361,SPRING PARK, MN 55384 952-471-0255 - wwwnorlingsmet February 28, 2017 RE: Retention plan for Goodwin/Polusny Residence/Lake Bank/Devon Commons: Based on site measurement and inspection, we propose to furnish and install the following: 1. Install silt fence & erosion tubes at shore line 2. Construct bottom boulder retaining wall (under 4' ht) 3. Backfill wall, install erosion fabric over any loose soil 4. Build remaining walls at their allotted heights, only disturbing areas as construction requires per area, with erosion fabric over any loose soil. 5. Strategically place boulders for additional retention as needed Sincerely, Emily Norling 40 a i O C C M t0 n (%\% 5 rl at Aft, V 9l�r�6 w%OIQtb, ♦ p N _,,,....- -'T r \\ \ '^- sr6- -.... — �\ \ �" 1� �°^� _mac✓ -�.` .s s'� -� /- \� \ l \,``'916-• -+_ \ \ `' ._ \ �' �... �.�( \ uj Liz _ j� (�• m s Y. � 0. r ob IL w a ,-.... -._. 9k�` � / iii yL° \ � '� � W W ,►w c RE 00 U ^I o � \ -- ^ / 116 �Ca �6 / a g •F �,a 0 / � a.•� / oS `S, � E � ro �� 1 Z Nm m `6 10.` � O r do m fi :n o" ll -t V /} �_0 F1Z ♦pLLOiOh 71 6 6 b t l�,�o � �Np � 0♦P 4 �, � ,c � Q LZ CC \ \ ter O // �J � '�`F'l,t �\ � ,♦ ` � � � 4 I O 1. � `C co CN � u�T pct y 2 p w {111 � �I�Vi� pS ES F5o5S FF� ° Q X2 a 40 a i O C C M t0 n (%\% 5 rl at Aft, V 9l�r�6 w%OIQtb, ♦ p N _,,,....- -'T r \\ \ '^- sr6- -.... — �\ \ �" 1� �°^� _mac✓ -�.` .s s'� -� /- \� \ l \,``'916-• -+_ \ \ `' ._ \ �' �... �.�( \ uj Liz _ j� (�• m s Y. � 0. r ob IL w a ,-.... -._. 9k�` � / iii yL° \ � '� � W W ,►w c RE 00 U ^I o � \ -- ^ / 116 �Ca �6 / a g •F �,a 0 / � a.•� / oS `S, � E � ro �� 1 Z Nm m `6 10.` � O r do m fi :n o" ll -t V /} �_0 F1Z ♦pLLOiOh 71 6 6 b t l�,�o � �Np � 0♦P 4 �, � ,c � Q LZ CC \ \ ter O // �J � '�`F'l,t �\ � ,♦ ` � � � 4 I O 1. � `C co CN „ b 40 a i O C C M t0 n (%\% 5 rl at Aft, V 9l�r�6 w%OIQtb, ♦ p N _,,,....- -'T r \\ \ '^- sr6- -.... — �\ \ �" 1� �°^� _mac✓ -�.` .s s'� -� /- \� \ l \,``'916-• -+_ \ \ `' ._ \ �' �... �.�( \ uj Liz _ j� (�• m s Y. � 0. r ob IL w a ,-.... -._. 9k�` � / iii yL° \ � '� � W W ,►w c RE 00 U ^I o � \ -- ^ / 116 �Ca �6 / a g •F �,a 0 / � a.•� / oS `S, � E � ro �� 1 Z Nm m `6 10.` � O r do m fi :n o" ll -t V /} �_0 F1Z ♦pLLOiOh 71 6 6 b t l�,�o � �Np � 0♦P 4 �, � ,c � Q LZ CC \ \ ter O // �J � '�`F'l,t �\ � ,♦ ` � � � 4 I O 1. � `C co CN lawn property line 4 may night salvia q " islandview dr dstrum rudbeckia de�,ons ;ta \lawn X X 3 goldstrum rudbeckia X X x lawn X i 3 echinocea purpurea i�,ti g x X 2 may night salvia xi�ti g x pro edging lawn X 2' G" (ht retaining wall X x O P (ht) r ai ' wall x x X 2 g dstrum ru eckin e iso in O O tactual wall locations will vary ° 00 O O O 00 O as needed for proper retention Oj o ° ° 00 0 0 0 O 3 spreading juniper 0 + x O `- J' o D X O 0D > x X > ° O � ° hex. o k ° x o X 0 D X x O ° ° O O / 2" 61' (ht) r tainin ° O D X x + D o X X O existing stairs O 0 X X O 0 X + V X X x x O O -�' O O � x U ° � ° o 0 o OoO ° O O o O existin O o O g 00 under 4' -1 ining wall rip rap river rock 4 film Not to be applied below q32' (floodPlain) 10 e rnnnetonkn X. CRtto 00 O D O 00 o D D + elec peel ° deck 3 walkers low nepeta rip rap 0 00 0 (f loodPlain) pm, 7, Y Y0 t I 5,11,11-1, Mi, NORLING'S LAKE MINNETONKA LANDSCAPES, INC. O. BOX 361,SPRING PARK, MN 553-849- wil- 1 P.952-471-0255 - w-ww.norl*snet F NORLING'S LAKE MINNETONKA LANDSCAPES, INC. :.� P.O. BOX 361,SPRING PARK, MN 553,850- 952-471-0255 - wwwaorl*s.net t � x�a RF 5 i tla' �''� �' #. J.`* �,� tied P '•� �� 1 yy m `fir. r �w ��}y RWui# ��}3t g t � �,a";i'tjt, ��1T 4 �L��+i�f �* ,14y;� �''''''SS4 �. ,}; 'S'��. th A'.f @:bs ��5�1 .�1. .#eb... ., 1.{t. p '- ♦, 'HJ r,m. dA�$. ��1�'. '^S �4M� � �� S'r��t �{4 y `}i„�,7�i �, <?�� tYI..C. �, 4$�F�.eA� ♦, NORLING'S LAKE MINNETONKA LANDSCAPES, INC. P.O. BOX 36 1,SPRING PARK, MN 553-853- imi 952-471-0255 - www.noriiiigs.net NORLfNG'S LAKE MINNETONK� LANDSCAPE INC. | P.O. BOX 3G1S RING P RK, MN533 854- 952-471-0-735 - www..tior£!2%%2! 2415 Wilshire Boulevard Mound, MN 55364 (952) 472-0604 I ►i OLT-11014 To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: March 22, 2017 Re: March 28, 2017 Council Consent Agenda Item — 2017 Tour de Tonka Special Event Overview. Tim Litfin has submitted permit applications for the upcoming Tour de Tonka bike rides being held on Saturday, August 5, 2017 from 7:00 p.m. to 4:00 p.m. (excluding set-up and tear down) Two (2) of the six (6) rides being planned for this year's event will be traveling through Mound. Details. The Tour de Tonka is a longstanding special event that includes several bike routes including 2 that travel through Mound. Similar to the 2016 event, the rest stop in Mound will be held at Bethel United Methodist Church. A site plan for the rest stop has been included along with bike route information. ® Mr. Litfin will be attending an upcoming City Council meeting this summer to share information about the 2017 Tour de Tonka event. ® The 2017 Fee Schedule, approved by the City Council at its December 13, 2016 meeting, requires a Public Gathering Permit fee of $300.00 per day plus a $500.00 damage deposit. The 2017 Fee Schedule also requires a Musical Concert Permit fee of $50.00 per day unless a Public Gathering Permit fee is being paid in which case the Musical Concert Permit fee is waived. Similar to previous years, Staff recommends a reduced fee of $100 for the Public Gathering Permit/Concert Permit. ® Expected attendance is 1200 persons. • Staff notified Orono Police Department, the Public Works Department and the Mound Fire Department about this year's event. Staff also notified affected public agencies about the event (i.e., Three Rivers Park District, Hennepin County Transportation Department, etc.) -855- Recommendation. Staff recommends approval of the requested permits subject to the following conditions: 1. Applicant shall be responsible for procurement of all required local and public agency permits that are needed to hold the event s (i.e., Hennepin County Sheriffs Department, Three Rivers Park District, Hennepin County Transportation, Hennepin County Health and Environmental Services, etc.) Applicant shall provide copies of all said permits to the City prior to the issuance and release of the Public Gathering Permit and Musical Concert Permits. 2. Applicant shall work with the Orono Police Department, the Mound Fire Department (MFD) and the Public Works Department, as needed, 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. 3. Amplified music, speakers and PA/sound systems are to be directed in the direction best suited to minimize impact upon neighbors. 4. Placement of any and/or all temporary signs shall be subject to regulations contained in City Code Chapter 119 and may include issuance of a permit and payment of the required fee. 5. No signage can be placed upon private property unless permission from the private property owner and/or other interested party has been provided to the applicant who shall be responsible for obtaining same. 6. Signage placement is subject to review and approval by the City of Mound. No signage shall be placed in a location so as to affect vehicular and pedestrian traffic. The City of Mound reserves the right to modify sign placement in the field. 7. Signage placed outside of the City's approval of the temporary permit shall be subject to removal by the City. 8. Applicant shall be responsible for contacting the MFD to determine if a permit is needed for the proposed tent(s) to be on site at Bethel United Methodist Church. 9. The submittal of a Certificate of Insurance, naming the City of Mound as an additional insured, is required and shall be provided prior to the release and issuance of the Public Gathering Permit and Musical Concert Permit. Required insurance and coverage shall be in accordance with the City's established policies. A resolution, approving the permit applications, subject to conditions, based on Staffs recommendation, has been prepared for Council's consideration. Staff recommends approval. Page 2 -856- N1119SM01IM&I WHEREAS, on December 13, 2016, the City Council of the City of Mound adopted Resolution 16-169 to establish its fee schedule for 2017 ("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, the Fee Schedule does not require a separate Musical Concert Permit fee if a Public Gathering Permit fee is being paid; and WHEREAS, Tim Litfin, on behalf of Tour de Tonka, submitted Public Gathering Permit and Musical Concert Permit applications for the 2017 Tour de Tonka bike rides being held on Saturday, August 5, 2017 from 7:00 a.m. to 4:00 p.m. that travel through the City of Mound and includes a rest stop at Bethel United Methodist Church; and WHEREAS, City Staff has reviewed said applications 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 March 22, 2017 ("Conditions"); and WHEREAS, the City Manager and City Staff desire to waive a portion of said fees and to charge a reduced fee of $100 for the Public Gathering Permit and the Musical Concert Permit (combined) for the special event because it is a public celebration that benefits the community as a whole, it requires an extremely limited amount of city expenditures, and the primary objective of the event is not to benefit a private interest but rather to showcase the economic, recreational, and residential opportunities and amenities located within the City of Mound as a whole and within the geographic area of the proposed public gathering. 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. The permit fee is reduced to $100 as the 2017 Tour de Tonka is in the public interest due to the overwhelming public benefits. 3. The permits for the 2017 Tour de Tonka special event are approved with Conditions: Passed by the City Council this 28th day of March, 2017. Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk K I i I I I zm� V IMP I X toile Use of a public park or commons by any group consisting of 15 or more individuals. Use is not to interfere with traffic and general use of the park or commons or to be beyond the ability of the police in maintaining order. NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS. Group is to remove all litter and trash and provide a deposit to insure cleaning up of the park area. PERMIT FEE: $300/DAY TO S600/DAY* 100 DAMAGE DEPOSIT: $500 TO $1000/BAY* *Permit fee and damage deposit amount to be determined by City Manager and City Staff upon receipt of application stating specific use and requirements. Date(s) of Use Saturday, August 5, 2017 Area to be Used Bethel United Methodist Church (Church Road) Time Frame 8:30 a.m.- 11:00 a.m. Intended Use Rest Stop for Bike Ride Expected Attendance 1,200+ Organization Tour de Tonka/Minnetonka Community Education Representative's Name Tim Liffin Address 4584 Vine Hill Road, Excelsior, MN 55331 Telephone No. Home: (612) 910-6200 (cell) Work: (952) 401-5043 Drivers License Number N/A Departmental Approval City Clerk Police Dept. Park Dept. Fire Dat. 0 $100/day i; r � Is I la1 � � � 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: Tour de Tonka LOCATION OF MUSICAL CONCERT: Bethel United Methodist Church, 2116 Commerce Blvd. TYPE OF MUSICICAL CONCERT: musician has not been determined - please let us know of any sound/electrical requirements TIME PERIOD OF MUSICAL CONCERT Saturday, August 5,2017,8:30 a.m.- 11:00 a.m. (HOURS PERMITTED: Mon - Sun: 7:00 am - 10:00 pm) REQUESTED EXTENSION OF HOURS: (Council approval must be received to conduct a musical concert after 10:00 pm) APPLICANT: Minnetonka Community Education ADDRESS: 4584 Vine Hill Road E-MAIL tim.litfiin@rninnetonkaschools.org HOME PHONE #: (612) 910-6200 02/14/2017 Date CONTACT: Tim Litfin ADDRESS: Excelsior, MN 55331 WORK PHONE #; (952) 401-50,43 Applicant's Signature :.1 Department Review Approved Denied Police Dept. Adm. Fire De t. Lftftftft 00 N N rmmmm N ;. �• N t0 � co sammm U IV N p Ot ON�1 _ O Lns =ver. 4100L1 Minnetonka Community Education Center Attn: Alexis Beckman 4584 Vine Hill Road Excelsior, MN 55331 Church Phone 952-472-1522 Parsonage 952-472-2144 www.bethelumcmn.org February 22, 2017 I am writing on behalf of Bethel United Methodist Church, located at 2116 Commerce Blvd., Mound, MN 55364, Y-,zm� fir *"sr --k August 5th , 2017 for your special event. The Board of Trustees charged with the care of property referenced have granted permission to the Minnetonka Community Education Center for the use of Bethel Methodist Church exterior grounds and parking lot for their event on Saturday, August 5th, 2017. If you have additional questions, please contact the church office at 952-472-1522, Sincerely, Rev. David McBride Pastor Bethel United Methodist Church � CL + LA LA 0 0 Lu 0 LN } � CA � � Executive Summary TO: Mound City Council and Staff FROM: Sarah Smith, Community Development Director Rita Trapp, Consulting City Planner DATE: March 22, 2017 SUBJECT: Planning Case No. 17-01 and 17-02 Variance, Expansion Permit and Public Lands Permit for 4908 Three Points Boulevard REQUEST SUMMARY The applicant, Ryan Hanson of Sustainable 9 Design + Build, representing property owner Adnan lalil, has submitted an application for a variance and an expansion permit for the construction of a three-story home in the setbacks established by the existing two-story home on the property, which is to be demolished, at 4908 Three Points Boulevard. A public lands permit has also been requested to allow for the construction of a retaining wall and planter as part of the project. This shoreland lot has a unique layout in that the 8,708 square foot parcel is triangle shaped, with most of the property along the lake shore. This results in most of the property being within the front yard setback or lakeshore setback. Only about 15% of the property, or approximately 555 square feet, is outside of any required yard setback. Also of note, the edge of curb for Three Points Boulevard ranges from about 10 feet to 20 feet from the front property line. An expansion permit is being requested as the applicant is proposing to use the same closest points for the lakeshore and front yard setbacks as the existing home to establish the new structure setback lines. A variance is requested as a front staircase has been proposed that extends closer than two feet to the front property line. As stated previously, the public lands permit is required because there is a retaining wall and planter proposed to be located within the right-of-way. The Planning Commission reviewed this case at their March 7, 2017 meeting. Planning Commission discussion focused on clarifying parts of the proposal, including that the roof is not intended as living space and that the applicant recognizes that there is a risk if they construct within the public lands. Draft minutes from the meeting have been prepared for your review. The Planning Commission recommended approval of the variance, expansion permit and public lands permit with the conditions and findings as recommended by Staff. RECOMMENDATION Given Staff and the Planning Commission recommendation for approval, a resolution has been prepared for your consideration. • il N, •' ,' 1 - •• • -a WHEREAS, the applicant, Ryan Hanson, on behalf of property owner Adnan Jalil, has submitted an application for a variance, expansion permit, and public lands permit; and WHEREAS, the property is located in the R -1A single-family residential zoning district; and WHEREAS, the 8,708 square foot property includes a home that was constructed in 1950; and WHEREAS, the shoreland lot has a unique layout in that the parcel is triangle shaped, with most of the property along the lakeshore and most of the property within one or more setback areas; and WHEREAS, the applicant is seeking to replace the existing two-story home with a new, three-story home; and WHEREAS, an expansion permit is being requested as the applicant is proposing to use the same closest points for the lakeshore and front yard setbacks as the existing home to establish the new structure setback lines; and WHEREAS, a variance is being requested as the front entrance staircase has been proposed that extends closer than two feet to the front property line; and WHEREAS, a public lands permit is being requested because there is a retaining wall and planter proposed to be located in the right-of-way; and WHEREAS, City Code Section 129-39 (a) outlines the criteria for granting variances which is provided below: (a) Criteria. A variance to the provisions of this chapter may be granted, but is not mandated, to provide relief to the landowner in those zones where this chapter imposes practical difficulties to the property owner in the use of the owner's land. No use variances may be granted. A variance may be granted only in the event that the following circumstances exist: (1) The variance proposed meets the criteria for Practical Difficulties as defined in City Code Sub. 129-2. (2) Granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district nor be materially detrimental to property within the same zone. (3) The variance requested is the minimum variance which would alleviate the practical difficulty. (4) A variance shall only be permitted when it is in harmony with the general purposes and intent of the zoning ordinance and when the terms of the variance are consistent with the comprehensive plan. ; and WHEREAS, according to City Code Sec. 129-2, "Practical Difficulties" is defined as follows: Practical Difficulties, as used in conjunction with a variance, means that: (i) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (ii) The plight of the landowner is due to circumstance unique to the property including unusual lot size or shape, topography or other circumstances not created by the landowner; and (iii) The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. ; 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. WHEREAS, City Code Section 62-11 regulates use of public lands and states that the construction of any kind on any public way, parks or commons, or the alteration of the natural contour of any public way, park, or commons is unlawful unless a special construction on public land permit is issued.; and WHEREAS, details regarding the requested variance, expansion permit, and public lands permit requests for the proposed project are contained in the Planning Commission report for the March 7, 2017 meeting and the submitted application and supporting materials from the applicant; and WHEREAS, Staff recommended approval of the variance, expansion permit, and public lands permit requests, subject to conditions; and WHEREAS, the variance, expansion permit, and public lands permit requests were reviewed by the Planning Commission at its March 7, 2017 meeting; and WHEREAS, the Planning Commission recommended Council approval of the .variance, expansion permit, and public lands permit requests, as recommended by Staff; and WHEREAS, the City Council reviewed the variance, expansion permit, and public lands permit requests at its March 28, 2017, 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 applications were made within the timelines included in Minnesota Statutes 15.99; and WHEREAS, in granting approval of a variance to allow the front entry staircase to be 1.3 feet from the front property line, the City Council makes the following findings of fact: 1. The criteria of City Code Section 129-39 (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 and will not change the existing neighborhood character. 3. The triangular shape of this existing lot of record significantly impacts the ability of the applicant to build a conforming structure. The front and lakeshore setbacks required for the subject property reduce the buildable area to less than 600 square feet. 4. The applicant has tried to minimize the variance request by adjusting the staircase design to the minimum required to meet code requirements. WHEREAS, in granting approval of the expansion permit, 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 and will not change the existing neighborhood character. 3. This triangular shape of the lot significantly impacts the location and design of the proposed home. The applicant has sought to work within the setbacks established through the foundation of the existing home. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound does hereby incorporate and restate the recitals set forth above and approves the variance, expansion permit, and public lands permit for the property at 4908 Three Points Boulevard, 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 approval of any future 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. The existing concrete drive apron is to be removed and new concrete curb (136/18) installed to match existing gutter grade. 5. All construction shall meet the applicable building code regulations related to fire protection for structures within certain distance to property lines. 6. Impervious surface coverage shall be less than 40% of the site. Hardcover calculations will be verified as part of building permit process. 7. 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. 8. 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. The applicant may also direct the City to record the resolution with the fee(s) to be taken out of the escrow. 9. 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. 10. Applicant is directed to contact the MCWD related to the 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. 11. Prior to commencing any site or land alteration activities, final construction plans for the work to be undertaken in the Three Points Boulevard ROW, including but not limited to, driveway(s), retaining wall and planter construction, shall be subject to review and acceptance by the Public Works and Engineering Departments. Applicant shall be responsible for obtaining all required permitting including, but not limited to, a street opening permit, grading permit, utility permit, etc.; also required agency permits. 12.A hold harmless/encroachment agreement, to be prepared by the City Attorney, which could include the submittal of financial security, in a form acceptable to the City, to undertake work on public property and to ensure that the improvements are installed to the satisfaction of the Public Works Director, or designee, may be required. At this time it is unknown whether an agreement is needed. THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Mound, the City Council's approval of the requests is based on information contained in the record including but not limited to, the applicant's requests and submitted information, the Executive Summary, the Planning Report and the Planning Commission's review and recommendation. Adopted by the City Council this 28th of March, 2017. Mark Wegscheid, Mayor Attest: Catherine Pausche, Clerk MINUTE EXCERPTS MOUND ADVISORY PLANNING Chair Penner called the meeting to order at 7:00 pm. ROLL CALL Members present: Chair Cindy Penner; Commissioners Jason Baker, David Goode, Jake Saystrom, and Jameson Smieja, Absent: Dean Bussey, Philip Velsor, David Pelka, and Jennifer Peterson. Staff present: Community Development Director Sarah Smith, Consultant Planner Rita Trapp, and Secretary Jill Norlander. Members of the public: Kevin Peterson, 5429 Spruce Rd; Chris Valerius, 5488 Tonkawood Rd; Jeremy Forbord, 5445 Spruce Rd; Chad Hanson, Sustainable 9 Design and Building; Adnan Jalil, 4908 Three Points Blvd BOARD OF APPEALS PLANNING CASE NO. 17-01 & 17-02 VARIANCE / EXPANSION & PUBLIC LANDS PERMITS PROPOSED NEW/REPLACEMENT HOUSE PROJECT 4908 THREE POINTS BOULEVARD APPLICANT: SUSTAINABLE NINE DESIGN & BUILDING Trapp introduced the request. The variance is requested for the front staircase. Expansion permit is for the construction of a 3`story home in the setbacks established by the existing two- story home on the property. The Public Lands Permit is to allow the construction of a retaining wall and planter in the road right of way. Shoreland lot is very unique in shape making it a challenge to address all the various setbacks. Only about 15 percent of the property would be available if they attempted to stay within all the required setbacks. Expansion permit seems reasonable to staff from that perspective. There is also about 10 to 20 feet from the curb line to the actual property line which will reduce the appearance of the property being right up against the road. There are no staff concerns regarding this project. The 3.2 foot front setback and the 19.9 foot lakeshore setback mirror what is existing. The plan meets the side setback requirements. The staircase is 1.3 feet from property line and should be 2 feet by code. The applicants have made efforts to reduce the staircase variance, but find further reduction difficult due to building code issues. Building height is 34.5 feet. Currently hardcover is at 43.4 percent. Hardcover is proposed at 34.1 percent due to removing the existing driveway and replacing it with pervious pavers. Staff recommends approval of the variance, expansion permit and public lands permit. Saystrom asked if the flat roof is intended to be entertaining space. Trapp stated that normally it would be in the plan and we would see that. Planning Commission Minutes March 7, 2017 Smieja asked about the utilities within the retaining wall and planter area. Smith explained the risk to the property owner, hence the reason for the public lands permit. Baker confirmed that the requested variance for the stairway is .7 feet. Rita agreed. Chad Hanson, 3808 W 57th St Edina, (Sustainable Nine Design & Building) stated that their company is a green focused builder; energy efficient and healthy designs. Hanson confirmed the temporary construction entrance. He stated that the large existing driveway will be removed and turned into green space. There will be an elevator shaft but installation of the elevator may be delayed. The house is handicap accessible and no rooftop deck is planned at this time. Smieja asked if they would have to come back for a rooftop deck permit. Smith stated that it would be likely due to the expansion of use, installation of railing, etc. Smieja asked square footage of the house. Hanson indicated it is 5200 square feet. Smith asked if the elevator shaft accommodated the 933 lowest floor requirement. Hanson said that it did. Adnan Jalil, 4908 Three Points Boulevard, said they had been living in the area for 14 years and his family has reasons to stay. They like the area and the neighbors. The plan is for living space for parents and their family in the long term. MOTION by Baker, second by Smieja, to recommend approval of the variance with conditions 1-13 and findings of fact 1-4 and allow .7 feet for stair encroachment. MOTION carried unanimously. MOTION by Baker, second by Goode, to recommend approval of the expansion permit with conditions 1-13 and findings of fact 1-3. MOTION carried unanimously. MOTION by Smieja, second by Baker, to recommend approval of the public lands permit with conditions 1-13. MOTION carried unanimously. Smieja added that this was a great plan with great utilization of space. DATE: PLANNING CASE NO. SUBJECT: APPLICANT: LOCATION: MEETING DATE: COMPREHENSIVE PLAN: ZONING: Planning Commission Rita Trapp and Laura Chamberlain, Planning Consultants Sarah Smith, Community Development Director March 2, 2017 revised March 23, 2017- correction) 17-01 (Variance), 17-02 (Expansion Permit) Variance, Expansion Permit, and Public Lands Permit Ryan Hanson of Sustainable 9 Design + Build, representing owner Adnan Jalil 4908 Three Points Boulevard March 7, 2017 Low Density Residential R -1A Single Family Residential The applicant, Ryan Hanson of Sustainable 9 Design + Build, representing property owner Adnan Jalil, has submitted an application for a variance and an expansion permit for the construction of a three-story home in the setbacks established by the existing two-story home on the property, which is to be demolished. A public lands permit has also been requested to allow for the construction of a retaining wall and planter as part of the project. The existing lot of record, totaling 8,708 square feet, is a triangle -shaped Lakeshore lot located on the north side of Three Points Boulevard. According to Hennepin County data, the current home was built in 1950. REVIEW PROCEDURE Variance City Code Section 129-39 (a) states that a variance may be granted to provide relief to a landowner where the application of the City Code imposes practical difficulty for the property owner. In evaluating the variance the City Council must consider whether: (1) The variance proposed meets the criteria for Practical Difficulties as defined in City Code Sub. 129-2. Elm (2) Granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district nor be materially detrimental to property within the same zone. (3) The variance requested is the minimum variance which would alleviate the practical difficulty. (4) A variance shall only be permitted when it is in harmony with the general purposes and intent of the zoning ordinance and when the terms of the variance are consistent with the comprehensive plan. According to City Code Sec. 129-2, "Practical Difficulties" is defined as follows: Practical Difficulties, as used in conjunction with a variance, means that: (i) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (ii) The plight of the landowner is due to circumstance unique to the property including unusual lot size or shape, topography or other circumstances not created by the landowner; and (iii) The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Expansion Permit 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. (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. Public Lands Permit City Code Section 62-11 regulates use of public lands in the City of Mound and states that construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land permit is issued. 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. The "Day 1" was determined to be March 1, 2017 for the land use applications. Public Lands Permits are not subject to the 60 -day rule requirement. NOTIFICATION Abutting property owners per Hennepin County tax records, were sent written notice on March 1, 2017 to inform them of the request and that it was being included on the Tuesday, March 7, 2017 Planning Commission meeting agenda for review and recommendation. The neighboring property owners across the street were also provided written notice due to the Public Lands Permit for proposed improvements in the road ROW. SITE INFORMATION This shoreland lot has a unique layout in that the parcel is triangle shaped, with most of the property along the lake shore. This results in most of the property being within the front yard setback or Lakeshore setback. Only about 15% of the property, or 555 square feet, is outside of any required yard setback. Also of note, the edge of curb for Three Points Boulevard ranges from about 10 feet to 20 feet from the front property line. The property owner, who has owned the property for 14 years, is proposing to replace the existing two-story home with a three-story home. An expansion permit is being requested as the applicant is proposing to use the same closest points for the Lakeshore and front yard setbacks as the existing home to establish the new structure setback lines. A variance is requested as a front staircase has been proposed that extends closer than two feet to the front property line. As stated previously, the public lands permit is required because there is a retaining wall and planter proposed to be located within the right-of-way. 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 the Planning Report. See additional comments provided below: Stewart Simon, I have no new comments on this project at this time. Field Officer Heidi Quinn, From a preliminary review of the prosed tear- down rebuild MCWD located at 4908 Three Points Blvd, Mound will require a MCWD Erosion Control Permit. It does not appear that there is proposed work along the shoreline or below the 100 year flood evaluation (931.5'). 1 can't quite determine the proposed driveway width, but the maximum width allowed is 24'; that is the width of the full drive, not including the radius or flair of the drive at the street. The existing concrete drive apron is to be removed and new concrete curb (136/18) installed to match existing gutter grade. Note: The applicant has indicated that the driveway width is 22 feet. This will be confirmed as part of the building permit process. Greg Pederson, There are no fire code or life safety concerns with this project. Fire Chief DISCUSSION • At 8,700 square feet, the property exceeds the minimum lot area for the R -1A zoning district. The triangular shape, however, significantly limits the buildable area of the lot. The applicant is proposing to establish the front and Lakeshore setback lines based on the closest points from the existing home. The front setback line is 3.2 feet while the lakeshore setback line is 19.9 feet. An expansion permit is requested to allow these proposed setbacks. As much as possible the applicant has tried to limit the portions of the home that extend all the way to the new setback lines to the east side of the lot where the site narrows. The R -1A Zoning District requires side yard setbacks to be 6 feet on each side for lots of record unless there is no garage in which case one setback must be 10 feet. The proposed home will meet the side yard setback requirements. • A variance is requested as the front entry staircase is proposed to be located only 1.3 feet from the front property line. City Code does allow the encroachment of stairs in the front setback area but they must be located at least 2 feet from a property line. Since initial application, the applicant has made revisions to reduce the variance requested from 2 feet to 0.7 feet. The applicant has indicated that additional revisions would be challenging given code requirements. • A public lands permit is being requested for construction within the right-of-way for a retaining wall, planter, and temporary construction entrance. • The proposed building height of the new structure is 34.5 feet. This is under the City's maximum of 35 feet. The applicant is advised that this will be verified through the building permit process. • The lowest floor elevation of the proposed home is 935.75 feet which is higher than the regulatory flood protection elevation for Lake Minnetonka at 933 feet. • In the information submitted, the applicant has indicated that the impervious surface coverage will be 34.1% or 2,973 square feet, as a result of the proposed improvements. This meets code requirements and is an improvement over the existing conditions which show an impervious surface coverage of 43.4%. Improvements have been made through the use of impervious pavers for the driveway and the patio. It should be noted that this number does not include 925 square feet that will be in the public right-of-way. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend City Council approval of the expansion permit, variance, and public lands 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 approval of any future 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. The existing concrete drive apron is to be removed and new concrete curb (136/18) installed to match existing gutter grade. 5. All construction shall meet the applicable building code regulations related to fire protection for structures within certain distance to property lines. 6. Impervious surface coverage shall be less than 40% of the site. Hardcover calculations will be verified as part of building permit process. 7. 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. 8. 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. The applicant may also direct the City to record the resolution with the fee(s) to be taken out of the escrow. 9. 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. 10. 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. 11. Prior to commencing any site or land alteration activities, final construction plans for the work to be undertaken in the Three Points Boulevard ROW, including but not limited to, driveway, walkways, retaining wall and planter construction, and related activities, shall be subject to review and acceptance by the Public Works and Engineering Departments. Applicant shall be responsible for obtaining all required permitting including, but not limited to, a street opening permit, grading permit, utility permit, etc.; also required agency permits. 12. A hold harmless/encroachment agreement, to be prepared by the City Attorney, which could include the submittal of financial security, in a form acceptable to the City, to undertake work on public property and to ensure that the improvements are installed to the satisfaction of the Public Works Director, or designee, may be required. At this time it is unknown whether an agreement is needed. 13. Additional conditions from Staff, consultants, the Planning Commission and the City Council. ..1 In recommending Staff approval of the variance, the following findings of fact are offered: 1. The criteria of City Code Section 129-39 (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 and will not change the existing neighborhood character. 3. The triangular shape of this existing lot of record significantly impacts the ability of the applicant to build a conforming structure. The front and lakeshore setbacks required for the subject property reduce the buildable area to less than 600 square feet. 4. The applicant has tried to minimize the variance request by adjusting the staircase design to the minimum required to meet code requirements. In recommending Staff approval of the expansion permit, 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 and will not change the existing neighborhood character. 3. This triangular shape of the lot significantly impacts the location and design of the proposed home. The applicant has sought to work within the setbacks established through the foundation of the existing home. CITY COUNCIL REVIEW 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, the possible meeting date is March 28, 2017. (A)L il t MM -•-- 2415 Wilshire Boulevard, Mound, MN 55364 Phone 952-472-0600 FAX 952-472-0620 a .' 1 a ; : a9 E He-] Application l=ee and Escrow Deposit required at time of application. Planning Commission Date -2-C)1-7 Case No. City Council Date k4 V Z G -d 17 Please type or print lepibiv SUBJECT Address �"Ct OP> M- Qt-Tn. .• 7RIVc PROPERTY Lot Block 12 LEGAL DESC. Subdivision S 64 kNi 0 6 d �} 4✓vtr IrT?t��+'ir°�,� ✓✓� C�D +�w � IM t ✓1 V1 PID # t'� " 1 i-1 —?—LA— 1 � "- 60 7B Zoning: R1RiA R2 R3 61 82 83 (Circle one) PROPERTY I Namel-- OWNER Phone Home Email - t,r� --Work b 3 `�5%- "7 � 1© Fax 'l � 3 -- APPLICANT Name �A Ew�sn (IF OTHER THAN Address 330 Z W `� c Emailah6K5ov G9 C-ov'n i�v1 OWNER) I phone Home Work Fax 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? Yes( ) No (4. If yes, list dates) of application, action taken, resolution number(s) and [provide copies +}of resolutions. 9wav-c- 011 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): i Variance Information (1/14/2016) Page 4 of 6 _882_ Case No, f i- 61 3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No ()(). If no, specify each non -conforming use (describe reason for variance request, i,e, setback, lot area, etc.): SETBACKS: REQUIRED REQUESTED VARIANCE (or existinng7) Front Yard: (N E W) s� 20 _ ft. � � 1- ft, �" � ft. Side Yard: ( N SIN) _ ft., (¢ , ft. ft. Side Yard: (N S E@) ft. � ft. ft. Rear Yard: (N S OW) ft. ft. ft. Lakeside: ( E W) ft. ft. _ ft. (N S EW) ft. ft. ft, Street Frontage: ft. ft. ft. Lot Size: sq ft sq ft sq ft Hardcover: 3 sq ft sq ft sq ft 4. Does the present use of the property conform to all regula�ations for the zoning district in which it is located? Yes , No ( ), if no, specify each non -conforming use: 5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? X too narrow { ) topography { ) soil } too small () drainage ( ) existing situation {) too shallow) shape ( ) other: specify Please describe:, L0-4-_ i i..1 -e 1 - _L A - fie.' 64 I - Variance Information (111412016) Page 5 of 6 Case No. �( 6. Was the practical difficulty described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No g. if yes, explain: 7. Was the practical difficulty created by any other human -made change, such as the relocation of a road? Yes ( ), No . if yes, explain: 8. Are the conditions of practical difficulty for which you request a variance peculiar only to the property described in this petition? Yes ()(), No ( ). if no, list some other properties which are similarly affected? w e"> t C)to 4-h t'`e oci h 4k e— rcduce-d Ytaw,inut.p— dre_�l 6116Vve Ok � tt a I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate, I acknowledge that I have read all of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Sig Date'A I `i -1° ! I Applicant's Signature Date4_71WI_7 Variance information (1/14/2016) Page 6 of 6 _884 - EXPANSION PERMIT (AL Q1.4of &&W-- APPLICATION 2415 Wilshire Boulevard, Mound, MN 553, Phone 952-472-0600 FAX 952-472-0620 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): %lie ,.) a - S -�-ov e, + IQA.,W-I- IeVe( Expansion Permit Information (1/14/2016) Page 4 of 6 mi Application Fee and Escrow Deposit required at time of application. Case No. Please type or print legibly SUBJECT Address q5o'g �IVA PROPERTY Lot Block_jr I LEGAL DESC. Subdivision -did'IW21) PID # Z�jj - Gul Zoning: R1 131A R2 R3 B1 B2 B3 (Circle one) PROPERTY Name Alvvan jai Email S OWNER Address— 14q e- Po k- '-J S Phone Home (A2, -30(a-..24 -7'kork Fax APPLICANT Name ua n 14an Wri - SSjAiAa61f, q 665 mail (IF OTHER Address BOR W 4q+k M-mvkeaolis' MA) 55ql 0 THAN OWNER) Phone Home%1a-63. i -_3'Z Work 4. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? Yes ( ) No (.)(). If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. NO -� :fLAf 41P 4XVLO 6LW(X'f e 0 {' . 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): %lie ,.) a - S -�-ov e, + IQA.,W-I- IeVe( Expansion Permit Information (1/14/2016) Page 4 of 6 mi Case No. 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. �'1 ` Vl. �t f vG� ✓�--- ��c S `l1 1'l ` ' C� �c � `�` i�'t.,' � V ^ � i? . C SETBACKS: Front Yard: (N S E W) 2-0 ft. Side Yard: (N S E W) ft. Side Yard: (N S E W) ft. Rear Yard: (N S E W) ft. Lakeside: (N S E W) ft. : (NSEW) Street Frontage: Lot Size: Hardcover: ft. C) ft. 0000 sq ft sq ft REQUESTED (or existing) 3, -Z ft. ft. %Q sq ft sq ft EXPANSION ft. ft. ft. �. ft. ft, ft. sq ft sq ft 4. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ( } No ( ). 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. j too narrow too small ( ) too shallow Please describe: L. i ( ) topography ( ) drainage (X shape Expansion Permit Information (1/14/2016) Page 5 of 6 -886- {) soil ( ) existing situation () other: specify i S 400 Case No. 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 P). 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 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 QN), No ( ). If no, list some other properties which are similarly affected? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that i have read all of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owners Signature �, --W, Date x - 17) .1 U Applicant's Signature Data �� Expansion Permit Information (1/14/2016) Page 6 of 6 -887- 1ti1LJiw1 'Tt�iCy.��4 9. Comments: e �t1�1 �LS ltit�11�1i i"VG' t�iTL ��.S u: i 2 1'1�vN` Coirt,rj'' CUA r nc•� � 0 rVtC ;4KI W 2�t f:X 5�[ d t: mac. e �� _ ��c.- t v rc_ .. iN (V U j ` 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. Owners Signature �, --W, Date x - 17) .1 U Applicant's Signature Data �� Expansion Permit Information (1/14/2016) Page 6 of 6 -887- ra -, I.,. 2415 Wilshire Boulevard, Mound, MN 55364 Phone 952-472-0600 Fax 952472-0620 A A • Parks and Open Space Commission Date DISTRIBUTION Building Official Date Received City Council Date v Parks Director — DNR MCWD Check One — Public Works Other rX1 CONSTRUCTION ON PUBLIC LAND PERMIT – new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND - City Code Section 62-11(a) & (b). ❑ PUBLIC LAND MAINTENANCE PERMIT – to allow repairs to an existing structure - City Code Section 62-11(c). ❑ CONTINUATION OF STRUCTURE – to allow an existing encroachment to remain in an "as is" condition - City Code Section 62-11(g). ❑ LAND ALTERATION – change in shoreline, drainage, slope, trees, vegetation, fill, etc. - City Code Section 62-11(d). The structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, sheds, etc, are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance, which means that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and are non -transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new permit is applied for due to a change in dock site holder. Please type or print legibly APPLICANT Name Ryan Hanson (on behalf of Adnan Jalil) Email ryanhansongsustainable9.com Address3302W 44th St, Minneapolis, MN 55410 Phone (H) (W) 612-234-4194 (M) 612-636-3232 ABUTTING Address 4908 Three Points Blvd PROPERTY LEGAL Lot 001 Block — 023 DESC. Subdivision Shadywood Point PID # 1311724110078 X Zoning: R1 RIA R2 R3 BI 132 B3 (Circle one) Public Lands Permit Application Page I of 2 -888- Revised 111012017 IPUBLIC Name Public Right of Way Email PROPERTY I Dock Site # Shoreline Type CONTRACTOR Name Sustainable 9 Design + Build Email ryanhanson@sustainable9.com Address 3302 W 44th St, Minneapolis, MN 55410 Phone (H)_ (W) 612-234-4194 (M) 612-636-3232 A FEE OF $200.00 APPLIES IF VALUATION OF PROJECT EXCEEDS $1,000.00 AND NO PUBLIC BENEFIT IS DERIVED. PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) $ 1500.00 DESCRIBE REQUEST& PURPOSE Applicant is removing the existing structure and building anew home in it's place. Because of the triangle shaped -lot and how narrow the lot becomes, we are forced to have the new retaining wall and planter to the right of the driveway (along with the new driveway) will need to be constructed partially in the ROW. In removing the existing structure and impervious surfaces, a large portion shall be returned to green space and will benefit the public by appearing more esthetically pleasing. Applicant's Signature Digitally signed by Ryan HAnrna Date 2/27/2017 DN: cn=Ryan Hanson, o, ou, email=ryanhanson@sustain able9.com, c=US Date: 2017.02.27 14:57:30 -06'00' Public Lands Permit Application Page 2 of 2 -889- Revised 111012017 8 _ __ a3s3 frEg EaN c l Hil nom n9- oEo �F �=a`m-awa 0 0 � m � N m .i 0 Gt7�1 41 \\ � �� :. S SSSS• \'pl V, � Jy�,,�'� W LJ Ell Yui 1 f- � C> rrr. ILr tt Z Hid s IL IYL`Q vF r lin A Yd a N ol ��En $ II u�il iu p6 u� O° e� mllb O 2 SN E,9 o W a.0 =-c 4 -r - It. ) CITY OF MOUND 2415 Wilshire Boulevard, Mound, MN 55364 By USMail and Email February 24, 2017 Ryan Hanson - Partner Sustainable 9 Design + Building 3302 W 44th St ``�.';� ZaP Minneapolis, MN 55410 RE: Determination of Completeness — Expansion Permit / Variance Applications This letter is in regard to the expansion permit and variance applications that were received on February 8, 2017 for a new/replacement house project at 4908 Three Points Boulevard. Pursuant to Minnesota Statutes 15.99, you are advised that the expansion permit and variance applications have been deemed to be incomplete following Staff / Consultant / Agency routing of the applications and supporting materials as part of the 15 -business day review and comment period due to the following deficiencies: 1. Height calculation, showing the average grade elevation for a lot with both street and lakeshore frontage, to the top of the structure per zoning code needs to be provided. Staff respectfully requests a City of Mound Building Height Calculation Farm be completed. The average grade elevation is 938.25 and it was taking from the highest level 941 (Grid A-4) and the lowest 935.5 (Grid F-1) (see sections notes and attached form) 2. The survey with the proposed structure needs to show the distance from the 11t and 2nd floor to the Ordinary High Water Mark (it appears to still be within the expansion permitted 19.9 feet, but we need the exact setback). This has been added to the Site Plan. 3. Typically, staircases do not need to meet setback requirements, however, Sec. 129-197(c)(2) limit steps to be within two feet of the lot line; the staircase on the front of the house appears to touch the lot line. Either the stairs need to be moved or a variance request needs to be submitted including information how the requests meets the variance criteria. The design of the stairs is the same that we had before but I added a raiser on the bottom of the stair and the steps are 11" depth instead 12" ....The new stair is almost 2ft. shorter. Since the staircase is still within the required setback, this is hereby added as a variance to the application. Because of how the lot narrows and its triangle shape, and the code to construct a staircase requires the staircase to be at this size as a minimum, this conforms to the definition of a "practical difficulty", and also is the minimum variance to reduce this practical difficulty. 4. It appears some of the improvements to the property will actually be within the right of way, not on the parcel, including a retaining wall and planter on the front / south side. Staff's determination is that a Public Lands Permit is required, at a minimum, for the retaining wall and planter. The submittal of a Public Lands Permit application, to include the required fee, is required, and must be submitted. The Public Lands Permit Application is being submitted at the same time as these documents. 5. The impervious surface needs recalculating; the information provided show 0% impervious for pervious pavers, when the City only allows up to an 85% credit, with documentation of drainage design. Additionally, the "pervious" surface beneath the patio and overhang of the upper floors on the back the house need to count towards impervious (as the roof will catch the water). The information was already taken in consideration. "Building coverage" is the total of the foot print + covered patio. The new site plan sheet is taking 85% of the pervious surface and the other 15% was added as impervious surface. 6. Because the impervious surface in the ROW next to the property is so intertwined with the design, we will also require the applicant to provide the existing and proposed impervious surface calculations for the ROW area between the lot line and the existing road of Three Points Boulevard. This info was added as well as a new table (see Site Plan) 7. Applicant has shown a 40" fence behind the tree line on the eastern side of the property. Sec. 129-203(5) says: Shoreland district lakeshore setback fences. Fences to be located within any portion of the 50 -foot principal structure Lakeshore setback shall not exceed a maximum of three feet i height and shall maintain a see-through visibility level equal to that of a chain link type fence. All fence materials must be treated so as to blend with the natural surroundings of the setback area. As such, the applicant needs to propose a shorter fence, remove the fence, or request a variance for the fence. Applicant is advised that fences within the required minimum front setback are allowed up to 4 feet in height. Fence is cable railing now 36" height 8. Please provide additional information about the existing and proposed driveway/accesses including, but limited to, the proposed new width. Per code, a minimum driveway width is required; maximum width is 24 feet. Site plan and A2.0 are showing the width of the driveway (22`-0") Noted. With regard to the current applications, Staff respectfully offers the following additional comments: 1. Minnesota Statutes 645.15 sets forth the procedures for determining "Day 1" for the purpose of application of the 60 -day rules for land use applications and was determined to be February 9, 2017. As mentioned previously, Minnesota Statutes 15.99 allows up to 15 business days for review and determination whether an application is complete. For the variance and expansion permit applications submitted for the new/replacement house project, the 15 -business day deadline for the "completeness" determination is on or before March 2, 2017. 2. Staff assumes that there are no modifications or alterations to the existing "wood walk" and "wooden deck." If this is incorrect, please advise. Staff also wishes to advise that certain improvements including decks with 1/4 inch openings, no roof above and no concrete or landscaping with plastic below, do not count towards hardcover. The "wood steps" and "wooden deck" were included in the proposed impervious surface calculations shown the submitted survey. No changes proposed. Noted. 3. It is suggested that you contact the Building Official related to the proposed footing/foundation plans that were submitted for the project; whether the building code will require sprinkling of the building and applicable building code requirements related to structures within certain distances to lot lines that may apply to the proposed project. 4. It is requested that you please confirm that all building/roof overhangs (with the exception of 2" maximum setback encroachment allowed for eaves per code) have been shown on the proposed survey; also any and/or all building cants. No overhangs projecting out of the setbacks 5. Any exterior mechanical equipment for the new house project needs should be shown on the submitted survey for the new/replacement house project and must be consistent with the code which allows a maximum 2 -foot encroachment into setback areas for exterior mechanical equipment. Additional information regarding same is requested. The AC condensers are located under the metal exterior landing, right next to mechanical room. (see the Site Plan and A2.0) 6. The proposed dwelling is setback 19 -feet from the Ordinary High Water (Mark of 929.4 and the minimum Lakeshore setback standard is 50 -feet. You are advised that both the existing and proposed house are located within the shore impact zone, which is 1/2 of the minimum required Lakeshore setback (25 feet.) We are requesting the existing closest points to define the new setback because of the size and shape of the lot (Triangle), the Grid A-1 is about 25' from the lake and Grid A-4 is 25'9" from the property line. 7. The 100 -year floodplain elevation for Lake Minnetonka for Mound is 931.0. Per code, the minimum required construction elevation, including basement or crawl space, for new structures on Lake Minnetonka is 933.0 (Regulatory Flood Protection Elevation). Staff assumes that the "garage floor elevation" of 937.75 that was shown on the proposed survey is the lowest floor elevation for the proposed new/replacement house project. If this is incorrect, please advise. The lowest point is 935.75 at the closet in front of main stair and next to the wine cellar. That closet would be an elevator in the future if is needed. 8. The 100 -year floodplain elevation for Lake Minnetonka for the Minnehaha Creek Watershed District (MCWD) is 931.5. A permit is required for site alteration/filling activities below the 931.5 MCWD floodplain elevation and requires compensation. If you have not already done so, Staff would respectfully you contact the MCWD to discuss what determine what permits will be required for the proposed new/replacement house project. MCWD has been contacted. 9. The submittal of applicant narrative, in writing, is suggested to provide additional information about the project. Additionally, as previously mentioned, Staff recommends additional information be prepared to explain how the proposal relates to the variance criteria, including, but not limited to, the definition of practical difficulty. The specific code excerpts are provided below: City Code Section 129-39 (a) states that a variance may be granted to provide relief to a landowner where the application of the City Code imposes practical difficulty for the property owner. In evaluating the variance the City Council must consider whether. (1) The variance proposed meets the criteria for Practical Difficulties as defined in City Code Sub. 129-2. (2) Granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district nor be materially detrimental to property within the some zone. (3) The variance requested is the minimum variance which would alleviate the practical difficulty. (4) A variance shall only be permitted when it is in harmony with the general purposes and intent of the zoning ordinance and when the terms of the variance are consistent with the comprehensive plan. According to City Code Sec. 129-2, "Practical Difficulties" is defined as follows; Practical Difficulties, as used in conjunction with a variance, means that: (i) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (ii) The plight of the landowner is due to circumstance unique to the property including unusual lot size or shape, topography or other circumstances not created by the landowner; and (iii) The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The owner has been a resident of Mound for over 16 years, he and his growing family want to keep living in Mound for more years to come but his current house is too small to accommodate them for that reason they decided to build a new home. The current house doesn't have the area and outdoor space for a house being in front of the lake. The new design is reclaiming a premium location that currently is used as a driveway to become green space facing the lake. The size and shape (triangle) of the lot is very restrictive, but we want to accent the views and features of this great lot using the existing closest point (from the current home on the site) for the new house but trying to keep as much green space as possible. We are requesting what the owner already has in term of proximity to the lake and the street but if we apply the setbacks required by the city, it would be impossible to build any type of home there. The design at the same time is trying to keep as much green space as possible. As you can see, the new design is moving away from the proposed setback and the only areas where we are close or touching the new setback is where the lot becomes narrow. 10. Additional questions may come up as part of Staff/Consultant/Agency routing of the application materials for review and comment. Also, questions regarding the application(s) may come up as we proceed with preparation of the Planning Report in advance of the future Planning Commission meeting including the need for additional permitting (i.e., variances, etc.) for the project. ►i ^• 11. At this time, no Planning Commission or City Council meeting dates for review of the applications) have been set. Meeting dates will be determined after the applications have been deemed to be complete and must include the submittal of all required information. In order for the matter to be included on the March 7th Planning Commission meeting, the applications would need to be submitted for review and also deemed to "complete" in advance of 4:30 p.m. on Tuesday, February 28, 2017. Noted. If you have any questions, please feel free to contact me directly at (952) 472-0604 or by email at s.T tE - I will be happy to answer any questions you may have. Sincerely, Sarah Smith Community Development Director Cc: Adnan lalil, 4908 Three Points Boulevard, Mound, MN (owner) J: 'Ing 16 feet of vacated , SHADY POINT ADDITION, asota. 340.3± -ATION: OHW = 8,708 SF 1,370 SF 70 SF OHW = 135 SF I&nQN• OHW = 8,708 SF 2,060 SF kbove Pervious Po#to = 453 SF 220 SF /envoy - 477 SF/15% = 72 SF 1 Above - 176 SF/15% = 27 SF LAKE MINNETONKA EST ARM RIP ELEVA110N = 929.4 ,164 JUNE 15, 2016 s 93dtOT ' RIP RA EDGE OF WATER,\ -x932.j0 c� � tytR'Ig31.5 931.29�a- �49+w. / < 931 2 g�A i 9.5 / / x 38. 8 x935.4 9�j / x938.2/ / Df - H30" 1 g / MAPLE L940.8 a°1/ 9� N 940.89�L/ 0 X942.5 ` �\ x942.9 9q3\ 942.9 TOP OF BLOCK=944.3 GARAGE FLOOR=943.8 WF f \ \ 1 ti �A\/ / � 1,A9 /row E4 1 A5E FL000 g31511A 8 -933 -934 X932.9 r `� / /x934.5 0000°° I �EtE 7 0° 0090 ENTERUNE OF TRAVEL °°0°.93 . P 0 gi}O K0r,-U)o000000°0° RZ 0 0 o 0 75) t', o°o°o°o°° CONSTRf1CTi0N oo°o°o°o og0000o00 °°Oo / c� o° 000, �) 8 Q000000 °° y i) /) 9112a \ y �, 1 y•5. 936. 1�5* 9k 00 / 935.71 7.41 / aM 36.4 yp� 936.2] 7 36.4TC / p R' 9 > AN M.H. TOP RIM=936.45 INVERT=923.7 qS !4 936.9±GUTTER 7TC / 937.40 ,SAN M.H. TOP RIM=934.28 INVERT=924.9 8� k PROPERTY DESCRIPTION• Lot 1, Block 23, including 16 feet of vacated Three Points Boulevard, SHADY POINT ADDITION, Hennepin County, Minnesota. 9 FXISTI_. N. ELEVATIONS Fronty Entry =941.6 Top of Foundation = 940.3± Garage Floor = 936.0 EXISTING AREA CALCULATION Area Measured to OHW = 8,708 SF IMPERVIOUS SURFACE. House = 2,084 SF Bituminous Driveway = 1,370 SF Front Wolk & Stoop 70 SF Patio = 118 SF Wood Walk & Deck to OHW = 135 SF Total = 3,777 SF = 43.4% PROPOSED AREA CALCULATION: Lot Area Measured to OHW = 8,708 SF IMPERVIOUS SURFACE: House Per Find. Plan = 2,060 SF Upper Levels & Deck Above Pervious Patio . 459 SF Front Walks & Entry - 220 SF Pervious Pavement Driveway - 477 SF/15R = 72 SF Pervious Patio Open to Above - 178 SF/15R = 27 SF Wood Wolk & Deck to OHW - 135 SF Total =2,973 SF = 34AX IMPERVIOUS SURFACE IN P 1B I . RIGHT OF WAY: Existing Bituminous Driveway = 817 SF Proposed Pervious Pavement Driveway - 384 SF/15% - 4.3 SF Proposed Walk = 65 SF -AIL existing building dimensions ore measured to the finished siding and not the building foundation. - No search was made for any easements. - The location of all utilities shown are from either observed evidence in the field and/or from plans furnished by the utility compon les and ore approximate, Utility companies should be notified for exact location before doing any excavation, 9 NO. SCALE 2`1.-1% __...1. r DA7E 1 of 1 e3f L A K E M INN E TON K A RIP R WEST ARM ELEdINESON . 9294 9 i .9� J o v v r FRO/ NT ENTRY=9 Proposed 40" High Fence - ----OT --- ----- J 8 Underground Electric GARAGE FLOOR=943.8 Underground Telephone —SAN— Sanitary Sewer --1 WTR—+— I6 e� - - -GAS- - - Underground Cos ® ,tae 0 Catch Basin MLgPERTY of PRRtt LIRE w + ga PIA r ' 94944,418 o v v Fence FRO/ NT ENTRY=9 Proposed 40" High Fence - ----OT --- ----- TOP OF BLOCK=944.3 8 Underground Electric GARAGE FLOOR=943.8 Underground Telephone —SAN— Sanitary Sewer --1 WTR—+— Water Main - - -GAS- - - Underground Cos ® Telephone Box 0 Catch Basin MLgPERTY of PRRtt LIRE w -3 O 8 Cote Valve _ B Timber Posts ® Proposed Downspout e � / \ Jr Timber Retaining Wall Proposed Retaining Wali x900.0 Existing Elevation x(900.0) Proposed Elevation X901, OTC I SITE ADDRESS 4808 Bolrte Blvd. B1Rd. BB am BENCHMARK T.R.B. atFalate Bled. 1111~11M . "o.> . n'w eJET1W TOP wM-9u 28 f ` A ��gi.1s�: \ 5ti•e e JoinRLINE ar VAva. ) eeeeeee / `,. 957 �5} • a°sae taRsstucnoR o �� g5�2} ♦ � 5 •e V m / a f/ ,tl ]eTi gyp. g3 . ® / } � JJSSaaa � T 41C / 8 `ASN LLN. / O r �•; TOP RIM936.45 1NYDtTe923.7 ` / �4, SrJ r r / s / / I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND SURVEWNG, INC. y DATED: 9sa ?7 29}6 WOODROW A. BROWN. R.L.S. MN REG 15230 LEGEND o v v Fence Proposed 40" High Fence - ----OT --- ----- Overhead Telepohone -----UE ----- Underground Electric —UT — Underground Telephone —SAN— Sanitary Sewer --1 WTR—+— Water Main - - -GAS- - - Underground Cos ® Telephone Box 0 Catch Basin O Manhole - 8 Cote Valve _ B Timber Posts ® Proposed Downspout Boulder Retaining Wog Timber Retaining Wall Proposed Retaining Wali x900.0 Existing Elevation x(900.0) Proposed Elevation X901, OTC Top of Curb Elevation x900.OTW Top of Wall Elevation �+--- Proposed Drainage .�-900-` Existing Contour —900— Proposed Contour a Found Iron Monument O Set, 1/2" x 14" Iron Pipe Inscribed w/ R.L.S 15230 W. BROWN LAND SURVEYING, INC. eE�� 8030 CEDAR AVENUE So.. SURE 228. BLOOMINGTON. MN 55425 BUS: (9521854.6055 PA)C (952) 8544268 EMAIL: WSLANDSURVE"AOL 900- All"sAere Nrk'� eKavAlteN (041 --►;9s.$) PRrvw.VAY \NdLL % m -*,ti "ews(rLA nwej ARdA) SdL>~ P.1fAAP -VI "I-r- rVx"'Me4lwlp IOJB eW~*e..Aw `e Nderw ppl,apY,dve<d uNsudunwlsN 9-09wd. 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PYIOreNlNcrs SFW.L BC \VAT¢R�p• oveRPLL oSeMlNcl slbcs. AIJ Arrjroyr.+Pt�R+I+N-'71Le- SY5'jGrw SFWLL bC INSrj�ALL�AiraVNb rEWhIeTEy�q+ POLNPA"fiON. Design by: AIL • LfA;an TF 116 275 Market Street - Suite368 Minnespolis,MN 55405 tel: (952) 2105827 www.gbiof oom Build by: 1407 L SUSTAINABLE id I iN E DESIGN ' BUILD 3302 West 44th Street Minneapolis, MN 55410 tel: (612) 234-4194 www.sustafnable9.00m EROSION= som C a OIn Cn H 0 m O of ■ 0 CLm i z r i pm 4 rc1 U Document Date: January 03, 2017 Document Phase: Construction Documents MENNEN= Site Plan LTi It17 Won Theu.e n Wtle O MINE O Q V 1 , i i i --------t--------- --------------------- • , -- _ _ i - - Monson a WIN 11 v ------------------- ---------- I� _ ---------✓--t------ ---------- �I _ -) r� i ...... µ+ ri1First Floor Plan A2.1 if4"�t'-0' A -2273W Design by: ra 275 Market Street-Suite368 Minneapoiis,MN 55405 tel: (952) 2105827 www.gbio-ftcom Build by: S iE) ! F SUSTAINABLE N' (i d DESIGN - BUILD 3302 West 44th street Minneapolis, MN 55410 tel: (612) 234-4194 www sustainable9.00m 03 `ls a `Z CO L ~ C 8. 0 CLA • z .s A 'a faseaes 0 mmommm Document Date: January 03, 2017 Document Phase: Construction Documents OEM First Floor Plan -902-- A3.0 va'=fe. nnur<rne+.pa. uw aeawdwr.,.mweieea.gF.t�e n.w�e.rr.xw..e e....,,v.mex.n rm di..rmmnaa w wok.ewni. rwst<e.uwe...unrwaWawa o.n«.hbru.d..a.pr.rew..>tr+e'.�.4.okbwn abk�. colvK-_ NMS <otTa ( col Jpq _ M6 h+rrfe actcyI lwra W.'c _ Design by: ■ LM 0 ft 275 Market Street- Suite368 Minneapoiis,MN 55405 tel: (952) 2105627 www.gbiaRoom Build by: SUSTAINABLE NHN, E DESIGN , BUILD 3302 West 44th Street Minneapolis, MN 55410 tel: (612) 2344194 www.sustainable9.com mmmw r fm c e� s° m OZ Emc m6 0 r � w A m Z r } M c m v Q tJ Document Date: January 03, 2017 Document Phase: Construction Documents ONINANNOW Front Elevation fA'TVM: oT'1.Y5 B+W P1cwe lryp�- 7ATM: No.fr s i f ' 4--T--- a,e QCbidt tnaunaaKw :wa.army,,,arru.Ka.uax...ue,.,Kayaw. wermyame+e.q�.a.xiva.p�tivam.ti-T._._•----. •,...s �..a.� wkywxawt. 7A'fu'+: r3ss.se Lo Levl- Li 0 6 - ll •i� B t Right Elevation A32 w' l -a' HWae akps�b paitiud�wiva wtl�MtttlbyebwL O�iea4.yab0, h+1T�.q��U�ktlwb'�ek�yrM �� Q o 4 Q 2 Left Elevation As.2 vara ca.Te Wrss � �t-sFm wRe�vnrTn sMa�"' I ca.o� s i -txrroNt sw.ws..s Design by: r%IL■ L"GMTI 275 Market Street - Suite368 Minneapolis,MN 55405 W: (952) 2105827 www.gbiofLwrn Build by: SUSTAINABLE i\liN E DESIGN BUILD 3302 West 44th Street Minneapolis, MN 55410 tel: (612) 234-4194 www.wistainableS.corn t I a M c� aoo 22 c o0 0 v� R m Z } N i A Q Documentbate: Ww January03, 2017 Document Phase: Construction Documents Side Elevations A302 No= -905- 7A1VIt 9 ob" i Section A A,gd•e1,s•t>w+� A39 �r�w1•-o` vo+nnN: vsocs Wis%INM Yfi:IG(AT P.yey )T� GP1urt: i1Y�f srNPPSs•eK L.mw21. dam: ~X� ---'---- 7If111�t 9.19,Y9 ND Lati{. r� V.�tuy: �res.ms ' N*TVF LGdrAt� (TY—+.) %21Section BA A3.3 w=f-e` va• - ♦amass vade aww �Pw'�b1wAg1 dMOMwt W�i,eMV Hd,We Ce•Nn.Wn WW�Ww�:�Rent6 •deN Wh(bN �tlarM•nYmtllad .—nmaa— N41yr/.L..04w s ttmre7.1 Design by: Qbic-ft 275 Market Street - Suite368 Minneapolis,MN 55405 tel: (952) 2106827 www.gbioft com Build by: y. SUSTAINABLE N I NII r DESIGN � BUILD 3302 Nest 44th Street Minneapolis, MN 55410 tel: (612) 234-4194 www.sustainable9.eom m � C a° dz mo 0 I OLN A m Z 7 m v'- Q U Document Date: January 03, 2017 Document Phase: Construction Documents AINHOM rev. dateremark t Owwte #—W.a x OEM Sections r, , 16•. - TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: March 23, 2017 PLANNING CASE NO. 17-03 SUBJECT: Waiver of Platting APPLICANT: Jason Biddle (J&B Custom Homes, LLC) LOCATION: 1833 Shorewood Lane PID NO. 13-117-24-14-0052 CITY COUNCIL DATE March 28, 2017 COMPREHENSIVE PLAN: Low Density Residential ZONING: R -1A Single -Family Residential BACKGROUND On February 17, 2017, the applicant, Jason Biddle/J&B Custom Homes, LLC submitted a waiver of platting application for the property at 1833 Shorewood Lane (Lots 3,4, 5 and 9, Block 6, Shadywood Point) requesting approval to release Lot 9 from the current parcel so it can be combined with the abutting property at 1824 Resthaven Lane (Lot 10, Block 6, Shadywood Point.) The purpose for waiver is to create a new conforming lot to accommodate future construction of a new single-family home. The property at 1824 Resthaven Lane is currently undeveloped and undersized per code. REVIEW PROCEDURE Waiver of Platting City Code Section 121-33 (2) allows for a parcel of land that has been combined for tax purposes or for other reasons to be separated or divided to its original lot lines if a waiver of platting is approved by the City Council. The waiver of platting does not disqualify the involved parcels from lot of record status. The waiver of platting must comply with all planning and zoning standards and objectives. Abutting and adjacent property owners across the street from the subject property per Hennepin County tax records, were sent written notice on March 22, 2017 to inform them of the waiver request and that it was being included on the March 28, 2017 City Council meeting agenda as a consent item. As of this writing, no comments have been received. -907- SITE INFORMATION. The applicant purchased several properties in the subject vicinity of Shorewood Lane and Resthaven Lane and is the owner of Lots 3-10, Block 6, Shadywood Point. According to Hennepin County property tax records, the subject property at 1833 Shorewood Lane formerly consisted of Lots 4, 5, and 9 included a single-family home that was demolished. The former PID was 13-117-24-14-0008. The applicant, on or around February 16, 2017, combined Lot 3 (former PID No. 13-117-24-14-0006), which is undeveloped and undersized, with Lots 4, 5 and 9. The submitted waiver of platting application requests release of Lot 9 so it can be combined with Lot 10 to create a new, buildable lot. Members are advised that a building permit for a new/replacement single family home is pending issuance for the property at 1833 Shorewood Lane. A minor subdivision application to subdivide Lots 3-5 into 2 lots has been submittedand is under review. The property that is the subject of the waiver of platting request has improved road frontage both on Shorewood Lane and Resthaven Lane. ISSUES ANALYSIS Comprehensive Plan. The City's current Comprehensive Plan guides this area for Low Density Residential, which allows for single-family detached and attached housing types within the density range of 1 to 6 units per acre. Density is computed area wide as opposed to an individual site. Zoning. The following table includes the lot area, width/frontage, depth and setbacks for a principal structure in the R -1A District, as allowed for a waiver of platting (non-lakeshore lot): Council members are advised that the properties at 1833 Shorewood Lane and 1824 Resthaven Lane, post -waiver, will meet the current regulations for a non-lakeshore lot in the R -1A District, once Lot 9 is combined with Lot 10. Waiver of platting allows lots to retain lot of record status which allows for minimum *6 foot side setbacks and hardcover up to 40 percent. Adjacent Land Uses — Land Use Plan. The subject property is surrounded on all sides by residential use. Lot Area Width/Frontage (street) Depth Front Setback Side Setback(s) Rear Setback R -1A 6,000 SF 40 FT 80 FT 20 FT *6 FT / 6 FT (unless a 15 FT -standard garage is not included in (unless a more which case one (1) restrictive setback setback is required to be applies) 10 FT) *denotes "lot of record" setbacks. Council members are advised that the properties at 1833 Shorewood Lane and 1824 Resthaven Lane, post -waiver, will meet the current regulations for a non-lakeshore lot in the R -1A District, once Lot 9 is combined with Lot 10. Waiver of platting allows lots to retain lot of record status which allows for minimum *6 foot side setbacks and hardcover up to 40 percent. Adjacent Land Uses — Land Use Plan. The subject property is surrounded on all sides by residential use. Floodplain. Based on preliminary review of aerial information and Figure 2.3 (Floodplain) in the 2030 Comprehensive Plan, the subject property is not within a floodplain. Per code, new structures must meet or exceed the Regulatory Flood Protection Elevation or be three feet above the ordinary high water mark of a wetland, as applicable. Wetlands. Based on preliminary review of aerial information and Figure 2.4 (Wetlands) from the 2030 Mound Comprehensive Plan, there does not appear to be wetlands on the subject property. Park Land Dedication. Sec. 121-121 of the City Code includes regulations regarding park land and or park dedication in the form of a cash payment for new lots being created. As provided by City Code Sec. 121-121 (f), park dedication or cash contribution does not apply to the division of platted lots that are being combined with other existing lots to increase the lot sizes to conform to the lot size requirements required by City Code Chapter 129 (Zoning.) INFRASTRUCTURE Storm Water - Stormwater permitting is under the jurisdiction of the Minnehaha Creek Watershed District (MCWD) following regulatory authority turn back to the District by the Mound City Council which took place in August, 2011. Metropolitan Council Environmental Services (MCES) Sewer Area Charge (SAC). The 2017 MCES fee for a SAC unit is $2,485.00. The MCES charge would be collected at the time of building permit issuance. City Water/ Sewer and Water Trunk Area Charge/Sewer and Water Connection Charge Trunk Fees. The 2017 trunk water fee is $2,000.00 per lot and the 2017 trunk sewer charge is $2,000.00 per lot. Payment of trunk water and trunk sewer charges for one additional lot will be collected prior to release of the resolution unless an alternate schedule is approved. Connection Charges. The 2017 sewer connection fee is $240.00 per lot and the 2017 water connection fee is $240.00 for one additional lot. These fees will be collected at the time of building permit issuance and shall be the amounts in effect at that time. STAFF/CONSULTANT/AGENCY REVIEW Copies of the applications and supporting materials were forwarded to City departments, the City's consultants and involved public agencies 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 which are summarized below: Heidi Quinn, MCWD. The MCWD issued Permit 16-615 for Erosion Control for the proposed construction of a single family home at 1833 Shorewood Lane on November 18'2016. DISCUSSION / INFORMATION 1. A survey of the subject property prepared by Premier Surveying dated March 10, 2017 (revised March 20, 20-17) was submitted and shows the existing and proposed configurations (post waiver). 2. The proposed waiver of platting application does not involve any construction activities,- however, ctivities;however, future construction of a new single-family home on Lots 9 and 10 is anticipated. 4. Waiver of platting applications do not require Planning Commission review according to the City Code but may be remanded by the City Council, prior to action, if the Council feels their input is beneficial. 5. The Minnehaha Creek Watershed District (MCWD) is the responsible permitting authority for Rule B (Erosion Control), Rule C (Floodplain Control), Rule D (Wetland Protection) and Rule N (Stormwater Management). 7. Approval of the proposed waiver of platting does not constitute or guarantee future approval of any building permit(s) or any other necessary approval by any other public agency. 8. If there are liens on the property involved in the waiver of platting application, bank consent for the action will be required and must be provided prior to release of the resolution for recording. 9. Drainage and utility easement agreements for the waiver of platting will be required and requires execution by the owners of record; also lienholders. A proposed draft of the proposed legal description for the proposed drainage and utility easements was provided by the applicant's surveyor and is under review. -910- 10. Applicant is advised that there are historic indian burial mounds and/or earthwork sites in and around the City of Mound. While many of the mounds have been severely impacted by development over the years, the mounds do, however, receive protection under state law; and penalties are imposed for unauthorized disturbance of mounds. The City maintains some general information about possible sites in an inventory of the "Earthwork/Mound/Burial Areas" and in surveys of the burial sites from Hill and Lewis in 1911 but the completeness or accuracy of this information is unknown. Additional information may be obtained through the Minnesota State Archaeologist. STAFF RECOMMENDATION. Staff recommends Council approval of the waiver of platting subject to the following conditions: Following recording the resolution approving the waiver of platting, Lot 9 shall be combined with Lot 10. Any curb, gutter and streets which are disturbed because of construction, including, but not limited to, installation of the water service, sewer service and small utilities, shall be the responsibility of the permit holder. 3. As part of the City's approval of the waiver of platting, the dedication of public drainage and utility easements, to be determined by the Public Works Director, or designee, will be required and shall be submitted in a form to allow for recording at Hennepin County. The easements shall be subject to review and acceptance by the City, prior to recording. The standard drainage and utility easement is five feet wide on side and rear lot lines and ten feet in width along the front lot line but shall be as determined by the City Engineer or Public Works Director. Easement(s) shall be provided in an appropriate form so as to allow for recording at Hennepin County and shall be subject to review and approval by the City prior to recording and require signatures from property owners and lienholders of record. 4. Applicant shall be responsible for payment of all costs associated with the request. 5. 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 and all fees for the waiver application have been paid and the escrow account is in good standing. The submittal of additional escrow may be required. 6. Sewer and water area trunk charges in the amount of $2000.00 each for Lots 9 and 10 (combined) shall be paid prior to the release of the resolution unless an alternate schedule is approved. Total: $4000.00. -911- 7. Sewer connection and water connection fees for one lot shall be paid with the future building permit. The amount due shall be the current rate in place at the time of buiding permit issuance. The 2017 sewer connection and water connection fees are $240.00 each. 8. The MCES Sewer Availability Charge shall be paid with the future building permit. The amount due shall be the current rate in place at the time of building permit issuance. The 2017 MCES Sewer Availability Charge is $2485.00. 9. As applicable, if the subdivision requires the construction of municipal utility improvements (i.e., services, etc.), for these activities must be constructed and installed prior to the release of the resolution or applicant shall be responsible for the submittal of a contractor's estimate, which shall be subject to review and acceptance by the Public Works Director (or designee) and submittal of a cash escrow in the amount of 125 percent of the contractor's estimate. 10. The applicant shall provide a bank release or written consent for the application from the mortgage holder(s) and/or all lienholder(s). This information shall be provided for review and acceptance by the City Attorney before the City's release of the resolution and/or other supporting documents for recording at Hennepin County. 11. The applicant shall provide the existing and proposed legal descriptions in electronic form (MS Word preferred) for inclusion in the official documents. 12. Additional comments and/or conditions from the City Council, Staff, consultants, and public agencies. Staff recommends approval of the waiver of platting based on the following findings of fact: 1. The waiver of platting is consistent with the Comprehensive Plan. 2. Lot 9, Block 6, Shadywood Point, which is the subject of the waiver of platting request, will be combined with Lot 10, Block 6, Shadywood Point, to create a conforming lot according to R -1A District regulations. 3. The waiver of platting request utilizes original platted lot lines. 4. The waiver of platting, as proposed, does not require any variances. 5. The subject lots have frontage on improved public streets and municipal utilities are available. -912- 6. The proposed lot arrangement can accommodate the construction of a new single- family home on Lot 9 and 10 (combined) with conforming setbacks and hardcover. 7. The waiver of platting will not alter the essential character of the neighborhood or have an adverse impact on adjoining property REQUESTED ACTION A draft resolution to approve the waiver of platting for the property at 1833 Shorewood Lane to subdivide Lot 9, Block 6, Shadywood Point, subject to conditions, has been included for consideration by the City Council. -913- • • •, . . i • ,. •, . 1. • s' ••D . WHEREAS, the applicant, Jason Biddle on behalf of J&B Custom Homes, LLC, has submitted a request for waiver of platting approval pursuant to City Code 121-33 (2) for the property located at 1833 Shorewood Lane; and WHEREAS, the property is legally described as Lots 3, 4, 5 and 9, Block 6, Shadywood Point; and WHEREAS, the waiver application proposes to subdivide the property using original plat lot lines as follows: Lots 3, 4, and 5, Block 6, Shadywood Point Lot 9, Block 6, Shadywood Point ; and WHEREAS, the property is zoned R -1A and single-family residential is a permitted use; and WHEREAS, Lots 3, 4, 5, and 9, Block 6, Shadywood Point are original platted - lots; and WHEREAS, the applicant proposes to subdivide Lot 9 from the current parcel and combine it the adjacent lot (Lot 10), which is addressed as 1824 Resthaven Lane, so as to create a new, buildable conforming lot; and WHEREAS, City Code Chapter 121-33 (2) states that a waiver of platting request may be granted by the City Council if it is determined that the proposal is in compliance with the City Code; and WHEREAS, lots that are separated by a waiver of platting retain lot of record status; and WHEREAS, the City Council reviewed the waiver of platting request at its March 28, 2017 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 waiver of platting was made within the required timeline in Minnesota Statutes; and WHEREAS, in approving the waiver of platting, the City Council hereby makes the following findings: 1. The waiver of platting is consistent with the Comprehensive Plan. 2. Lot 9, Block 6, Shadywood Point, which is the subject of the waiver request, will be combined with Lot 10, Block 6, Shadywood Point, to create a conforming lot according to R -1A District regulations. 3. The waiver of platting request utilizes original platted lot lines. 4. The waiver of platting, as proposed, does not require any variances. 5. The subject lots have frontage on improved public streets and municipal utilities are available. 6. The proposed lot arrangement can accommodate the construction of a new single-family home on Lot 9 and 10 (combined) with conforming setbacks and hardcover. 7. The waiver of platting will not alter the essential character of the neighborhood or have an adverse impact on adjoining property ; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mound does hereby incorporate and restate the recitals set forth above and approves waiver of platting for the property with the following conditions: 1. Following recording the resolution approving the waiver of platting, Lot 9 shall be combined with Lot 10. 2. Any curb, gutter and streets which are disturbed because of construction, including, but not limited to, installation of the water service, sewer service and small utilities, shall be the responsibility of the permit holder. 3. As part of the City's approval of the waiver of platting, the dedication of public drainage and utility easements, to be determined by the Public Works Director, or designee, will be required and shall be submitted in a form to allow for recording at Hennepin County. The easements shall be subject to review and acceptance by the City, prior to recording. The standard drainage and utility easement is five feet wide on side and rear lot lines and ten feet in width along the front lot line but shall be as determined by the City Engineer or Public Works Director. Easement(s) shall be provided in an appropriate form so as to allow for recording at Hennepin County and shall be -915- subject to review and approval by the City prior to recording and require signatures from property owners and lienholders of record. 4. Applicant shall be responsible for payment of all costs associated with the request. 5. 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 and all fees for the waiver application have been paid and the escrow account is in good standing. The submittal of additional escrow may be required. 6. Sewer and water area trunk charges in the amount of $2000.00 each for Lots 9 and 10 (combined) shall be paid prior to the release of the resolution unless an alternate schedule is approved. Total: $4000.00. 7. Sewer connection and water connection fees for one lot shall be paid with the future building permit. The amount due shall be the current rate in place at the time of building permit issuance. The 2017 sewer connection and water connection fees are $240.00 each. 8. The MCES Sewer Availability Charge shall be paid with the future building permit. The amount due shall be the current rate in place at the time of building permit issuance. The 2017 MCES Sewer Availability Charge is $2485.00. 9. As applicable, if the subdivision requires the construction of municipal utility improvements (i.e.,]services, etc.), for these activities must be constructed and installed prior to the release of the resolution or applicant shall be responsible for the submittal of a contractor's estimate, which shall be subject to review and acceptance by the Public Works Director (or designee) and submittal of a cash escrow in the amount of 125 percent of the contractor's estimate. 10. The applicant shall provide a bank release or written consent for the application from the mortgage holder(s) and/or all lienholder(s). This information shall be provided for review and acceptance by the City Attorney before the City's release of the resolution and/or other supporting documents for recording at Hennepin County. 11. The applicant shall provide the existing and proposed legal descriptions in electronic form (MS Word preferred) for inclusion in the official documents. 12. Additional comments and/or conditions from the City Council, Staff, consultants, and public agencies. -916- This waiver of platting is hereby approved for the following described property: EXISTING LEGAL DESC-RIPTION. (To be Provided by Surveyor) PROPOSED LEGAL DESCRIPT.ION: (To be Provided by Surveyor) Adopted by the City Council this 28th day of March, 2017. Mark Wegscheid, Mayor Attest: Catherine Pausche, City Clerk -917- , FE' . 201 WAIVER OF PLATTING C1'ry OF Mot, APPLICATION 2415 Wilshire Boulevard, Mound, MN 55364 Phone 952-472-0600 FAX 952-472-0620 City Council Date: Case No. Annlication Fee and Escrow Deposit reauired at time of application. PROPERTY ' Subject Address INFO EXISTING Lot(s) Block �— LEGAL Subdivision Cl PID# -2 DESCRIPTION PROPOSED A. Lot(s) 0 Li.;9 &260 Block_ LEGAL B. Lots) Block DESCRIPTION Zoning District Circle: R-1 R -1A - R-3 B-1 B-2 B-3 PROPERTY Are there existing structures on the property? yes / no Do the existing structures comply with the zoning ordinance for setbacks, hardcover, etc.? yes / no Ll i APPLICANT The applicant is: owner, other_ Email 61fl, Name Address �/, � r % � �1 �r` ` lam Sm r7 l X Phone Home Work Cell E-mail Address Fax OWNER Name Email (if other than applicant) Address Phone Home Work Fax SURVEYOR/ Name �� 9y� �. Email ENGINEER � a(j 41 Address Os` C;- �% Stay �ij 3 ism ric � ! iCr Office Phone Fax Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure Tor this properly. ( } yes, { no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Application must be signed by all owners of the subject property, or explanation given why this is not the case. I certify that all of the statements above and statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the information provided and that I am responsible for all costs incurred by the City related to the processing of this application consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removi%such notices as may be required by law. Applicant Signature Date Owner's Signature Waiver of Platting Information -918- (1/14/2016) Page 4 of 4 Date EM This information sheet only summarizes a portion of the requirements outlined in the City of Mound Zoning Ordinance. Every effort has been made to insure the accuracy of the information contained herein. However, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. For further information, contact the City of Mound Planning Department at 952-472-0607. General Zoning. Information Sheet -1 A ,Zoning District — Single Family Residential PRINCIPAL BUILDINGS — Lot Area, Lot Width, and Setback Reauarements Minimum Lot Area (non -Lakeshore) 6,000 Square Feet Minimum Lot Area (lakeshore) ........................................................10,000 Square Feet Minimum Lot Width (non-lakeshore)...................................................... ...... 40 Feet Minimum Lot Width (lakeshore)....................................................................... 50 Feet FrontYard Setback....................................................................................... 20 Feet SideYard Setback.......................................................................................10 Feet RearYard Setback........................................................................................15 Feet MinimumLot Depth........................................................................................80 Feet Lakeshore / Ordinary High Water Setback...........................................................50 Feet Minimum Building Floor Area Requirement.............................................840 Square Feet *Minimum lot frontage on an improved public street shall be 40 FT, except that lots fronting on a cul-de- sac shall be 40 FT at the front building setback line (i.e. 20 FT back from front property line). Applicable side/rear setbacks apply to lot lines abutting fire lanes, alleys or unimproved 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 shall exceed two and one half (2-112) stories or thirty-five (35) feet in height. LOTS OF RECORD, Special Provisions Corner Lots Lot width Minimum side ar,' setback 40 - 50 feet 10 feet 51 feet or more 20 feet Side Yard Requirements -- The re uired side yard setback shall be a minimum of 10 feet. ["Sideard setbacks for lots of record shall be six (6) feet unless the structure or site does not contain a garage in which case, one side yard setback is required to be ten (10) feet to accommodate a driveway access. 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. -919-3 -920- 20 4e 10 0j. . 90( (plot), vu 4`16-00 14m. N rn x IJ V s. 1 110 T I i i I I Aga jx(b X0, ) / / x \k," '1�1 t let. j0q.19 vs L -OT 4 5,500 s.f. 60.5 meas) io (p 58.6 326 20 lat) WO 1 '4, j03-30 lip x ql�b 4689 0 %10 . 01915% S11 OP ) 0 CA(Pat as. .4 999(01 w 0 0 LOT I xq11®•0 X(N 0 889's also x LOT 5 q4O3 s 963.8-1 X CP 10 *- 0.9 cd) 00 Cb 00 jio- 03 t4,10 411 A jj0-0 JEC LOT 9 41�324 &A2; .60( lot) A XqFp* 0 4p, xo� —960 9.03� A 10. (PI ��% I I % f N;p°g83y" ( b ;�?®`1,, i ,,f I X V -921- LOT 6 T .8 X V% I!, A 445 .f. S qk sx qtBENCHMARK. \'A -I 3.624s.fj 'm 'I.'- Top nut of fire hydrant l�L�uL.7 Housing and Redevelopment Authority To: City Council From: Stacie Kvilvang - Ehlers Date: March 28, 2017 Call For Public Hearing on Creation of the Harrison Bay Senior Housing Subject: Development TIF District and Modification to the Redevelopment Plan for the Mound Harbor Project Area At the March 14, 2017 HRA meeting, the HRA discussed beginning the process of creating a new Housing TIF district for the Harrison Bay Senior Housing development. This development is being undertaken by Trident Development and will consist of 72 -units of assisted living and memory care units, of which 21% or 15 units will be affordable to residents at or below 50% of the area median income (AMI). To begin the process, the HRA is considering approval of a resolution requesting that the City Council call for a public hearing on the creation of this district. On the same night, the City Council will consider approval of a resolution that will set the public hearing on creation of the district for May 23, 2017. It should be noted that approval of these resolutions only starts the process to create the TIF district and does not obligate the HRA or the Council to approve creation of the district or to provide assistance to the project. It merely starts the public approval process to review the project and the request for assistance. In addition to creating the TIF district, the HRA and City will be required to modify (expand) the boundaries of the Mound Harbor Project Area to include the parcels that this development will be constructed upon. This is a statutory requirement that a TIF district must be located within an approved Project Area. This is a typical modification that is needed in the majority of cities where their approved project area is not coterminous with the corporate boundaries of the City. Ehlers and staff will be reviewing and recommending to the HRA/City the location of the new boundaries (i.e. coterminous with corporate boundaries, limited number of parcels between existing project area and new TIF district, etc.) Please contact me at 651-697-8506 with any questions. EHLERS LEADERS IN PUBLIC FINANCE -922- Minnesota Offices also in Wisconsin and Illinois www,ehlers-inc.com phone 651-697-8500 3060 Centre Pointe Drive fax 651-697-8555 Roseville, MN 55113 -11 22 toll free 800-552-1171 S"CHEDULE OF EVENTS CITY OF 1 i1111 - FOR THE MODIFICATION REDEVELOPMENT PLAN O. THE MOUND HARBOR PROJECT AREA AND THE ESTABLISHMENT OF INCREMENTTAX DISTRICT (HARRISON HOUSINq housing district) March 27, 2017 Project information, property identification numbers, and maps sent to Ehlers & Associates for drafting documentation. March 28, 2017 HRA requests that the City Council calls for a public hearing on the proposed Modification to the Mound Harbor Project Area (the "Project Area") and the establishment of TIF District No. 1-4 (Harrison Bay Senior Housing) (the "TIF District"). March 28, 2017 City Council calls for public hearing on the proposed modification to the Project Area and the proposed establishment of the TIF District. April 6, 2017 Letter received by County Commissioner giving notice of potential housing tax increment financing district (at least 30 days prior to publication of public hearing notice. [Ehlers will fax and mail April 6, 2017] April 7, 2017 County receives TIF Plan for review for County Road impacts (at least 45 days prior to public hearing). *The County Board, by law, has 45 days to review the TIF Plan to determine if any county roads will be impacted by the development. Because the City staff believes that the proposed tax increment financing district may require county road improvements, the TIF Plan will be forwarded to the County Board 45 days prior to the public hearing. April 21, 2017 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers will fax & mail on April 21, 2017] May 1, 2017 Ehlers conducts internal review of the Project Plan Modification and TIF Plan. May 2, 2017 Planning Commission reviews Project Plan Modification and TIF Plan. May 6, 2017 Date of publication of TIF hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [The Laker publication deadline, May 2, 2017 — Ehlers will submit notice, map, and instructions to the newspaper on or before May 2, 2017, via email at sunlegals(7ecm-inc.com.] CITY OF MOUND Vol ' 1W.111120 all)'e 9 of I pla [41091 a So nVOU-0-1111 Ir.1119M WHO U 63 0 8N LIN I (a housing district) May 23, 2017 HRA considers the Plans and adopts a resolution recommending the Project Area Modification and Plan. HRA considers approval of entering into a Development Agreement with Trident Development for the construction of a 72 -unit sr. rental facility, contingent upon City Council approval of establishment of the TIF District. May 23, 2017 City Council holds a public hearing at 7:00 P.M. on a Modification to the Project Area and the establishment of the TIF District, and passes a resolution approving the Project Area Modification and TIF Plan. By June 30, 2017 Ehlers files Project Area Modification and TIF Plan with the MN Department of Revenue and the Office of the State Auditor, and requests certification of the TIF District with Hennepin County. An action under subdivision 1, paragraph (a), contesting the validity of a determination by an authority under section 469.175, subdivision 3, must be commenced within the later of: (1) 180 days after the municipality's approval under section 469.175, subdivision 3; or (2) 90 days after the request for certification of the district is filed with the county auditor under section 469.177, subdivision 1. CITY OF MOUND RESOLUTION NO. 17- i 1i, i i 11Ili1111111,111111 Dire , BE IT RESOLVED by the City Council (the "Council") for the City of Mound, Minnesota (the "City"), as follows: Section 1. Public Hearin. This Council shall meet on May 23, 2017, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for the Mound Harbor Project Area (the "Redevelopment Plan Modification"), the proposed establishment of the Harrison Bay Senior Housing Tax Increment Financing District (the "TIF District"), a housing district, and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1794, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing Filing; of the Plans. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Plans and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 277. The City Manager is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to May 23, 2017, and to place a copy of the Plans on file in the City Manager's office at City Hall and to make such copy available for inspection by the public. Passed by the City Council this 28th day of March, 2017. Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk 2415 Wilshire Boulevard Mound, MN. 55364 (952) 472-0605 Memorandum To: Honorable Mayor and City Council From: Field Officer Stewart B. Simon; Sarah Smith, Community Development Director; Scott Qualle, Building Officials(') Date: March 23, 2017 Re: Regular Agenda Item 6: Consideration of consent and waiver agreement for the abatement of a hazardous property -6077 Aspen Road Summary. Due to the present condition of the dwelling located at 6077 Aspen Road, which is the result of significant damage to the structure and accumulation of refuse in the living area; which has not been repaired, razed, or removed, the Building Official and Community Development Staff have deemed the property to be a hazardous building or hazardous property under Minnesota Statute §463.15, Subd. 5. The property owner has expressed interest in a voluntary abatement action under §463.151, which requires the consent of the property owner and approval by the City Council. Background/Timeline. • In November 2016, the Building Official visually inspected the exterior of the subject property; noting a hole in the roof, missing siding, and the soffit compromised at the rear of the dwelling. • In January 2017, the Building Official executed an administrative search warrant (Exhibit A) to inspect the interior and exterior grounds of the subject property. The Building Official found significant damage to the roof on the south side of the dwelling, failure of the ceiling structure in the master bedroom that appeared to have been caused by the roof damage, and accumulated garbage and waste in the kitchen and other living spaces. Photographs have been included as Exhibit B. On February 13, 2017, the Building Official formally notified the property owner, advising the property was hazardous and unfit for human occupancy, due to the degree in which the structure is in disrepair (Exhibit C). The property owner was by February 15, 2017, to provide a written timeline and plan for making the necessary repairs, removal, or rehabilitation of the structure, or razing the structure completely. The property owner was further advised that failure to respond to the letter would result in the City proceeding with an abatement action, pursuant to state statute. The property owner did not respond to this letter. • On February 24, 2017, Staff formally notified the property owner that, because there was no contact made with the City as previously requested, this matter would be brought to the Council for consideration and action ordering the abatement of a hazardous building or hazardous property. The property owner was again requested to contact Staff by March 17, 2017, to discuss available options to prevent formal action by the Council (Exhibit D). On March 15, 2017, the property owner contacted Staff to discuss the conditions of the subject property. The property owner stated he had started to clean up the rubbish from the property and would be submitting a written plan and timeline for making all required repairs to the dwelling structure. The property owner expressed an interest in a voluntary abatement, subject to the deferral of the special assessment, due to hardship. Discussion. Per Minnesota Statutes, Section §463.15 et seq. (the "Act"), a hazardous building or hazardous property is any building or property, which, because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. The Act affords the City two (2) options for abatement of hazardous buildings or properties: 1) Voluntary Abatement. In a voluntary abatement, all owners of record, occupants, and lienholders of record, enter into a signed agreement with the City, consenting to the City taking any necessary actions to abate the hazardous conditions, with all incurred costs charged against the property as a special assessment; all interested parties waive all rights to appeal the special assessment. The Council may authorize the payment of the special assessment to be collected in five (5) equal annual installments, at a set interest rate of eight (8) percent annually. A voluntary abatement is commonly referred to as a Consent and Waiver Agreement. 2) Order to Abate. With an order to abate, the Council orders the owner of the hazardous property or building to correct or remove the hazardous conditions or raze or remove the building. The order, which must specify all required actions necessary to correct the hazardous conditions and provide reasonable time for compliance, is filed in district court. If the property owner fails to comply with or appeal the order, the City can seek summary enforcement of the order by the court. All costs incurred by the City related to the order and enforcement, can be charged against the property as a special assessment payable in a single installment, or recovered by seeking a judgment against the property owner. In general, the costs associated with an order to abate are higher than those with a voluntary abatement. In the case of the subject property, the sole property owner and occupant, Terry Sincheff, has agreed to a voluntary abatement and requests the Council grant a deferral of the special assessment, subject to conditions, due to a demonstrated hardship. Staff, in consultation with the City Attorney, finds Mr. Sincheff s request for a deferment of the special assessment is reasonable, based on the estimated cost of the abatement and a demonstrable hardship. Per the terms of the Consent and Waiver Agreement, the special assessment will accrue compound interest at eight (8) percent per annum (as provided for in the Act) and become owed and payable upon the earlier of the following three events: (1) the sale, transfer, or any other conveyance of the Property to a third party, (2) the death of the Owner, or (3) 15 -years from the date the Agreement is executed. A copy of the proposed Consent and Waiver Agreement has been included with this memo as Exhibit E. Staff anticipates Mr. Sincheff will accept and sign the Agreement prior to the scheduled City Council Meeting. Recommendations. Staff recommends the City Council take the following action: 1. The City Council approve the attached Resolution approving Consent and Waiver Agreement with respect to the hazardous building located on the property located at 6077 Aspen Road. 2. Execution of the Consent and Waiver Agreement by the Mayor and City Manager. Application 1-1 STATE OF MINNESOTA, COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT COURT STATE OF MINNESOTA ) APPLICATION FOR ADMINISTRATIVE SEARCH ) SS. WARRANT AND SUPPORTING AFFIDAVIT. COUNTY OF HENNEPIN Building Official Scott Qualle , being duly sworn upon oath, hereby makes application to this Court for a warrant to search the Premises, hereinafter described, for the property and things hereinafter described. Affiant knows the contents of this application and supporting affidavit, and the statements herein are true of his/her own knowledge, save as to such as are herein stated on information and belief, and as to those, he/she believes them to be true. Affiant has good reason to believe, and does believe, that the following described property and things, to wit: Enter, inspect, photograph, and perform other such duties as are necessary to support and document the findings of the interiors and exteriors of the grounds including, but not limited to, a white single family dwelling and all detached accessory structures, and sheds on the property located at 6077 Aspen Road in the City of Mound, County of Hennepin, State of Minnesota, in order to determine and document the existence and extent of violations of the Mound City Code, International Property Maintenance Code (IPMC), and Minnesota State Building Code (MSBC) upon said property. are at the premises, described as: The property commonly known as 6077 Aspen Road and legally described as Lot 019, Brookton, Hennepin County, Minnesota. located in the City of Mound, County of Hennepin, and State of Minnesota. This affiant applies for issuance of a search warrant upon the following grounds: 5. The property above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime. COPIES TO: COURT ® CIT 9297 • BUILDING OFFICIAL Application 1-2 The facts tending to establish the foregoing grounds for issuance of a search warrant are as follows: Your Affiant, Scott Qualle, is the designated Building Official for the City of Mound. Your Affiant is the owner of MNSPECT, L.L.C., ("MNSPECT") and has been a certified building official in the State of Minnesota for over ten years. Your Affiant has been involved in over 20 hazardous property investigations and has numerous conversations with other building officials and municipalities regarding hazardous property investigations. Your Affiant is a Minnesota Department of Labor and Industry approved continuing education instructor, for licensed contractors, building officials, and manufactured home installers. Your Affiant is authorized to seek an administrative search warrant pursuant to Mound City Code, Section 42-5 and 105-1 (2015). Your Affiant is familiar with the property located at 6077 Aspen Road, City of Mound, County of Hennepin, State of Minnesota, ("Property") and has personally observed the exterior of the Property from various vantage points beyond the boundaries of the Property on prior occasions. Your Affiant has knowledge of the Property being the subject of ongoing City Code compliance efforts since August 2010. On August 6, 2010, MNSPECT received a complaint from a Reliable Concerned Citizen, regarding house and exterior grounds issues on the Property. This Reliable Concerned Citizen further reported potential mold growth within the interior of the dwelling on the Property, based on the exterior conditions of the structure. On August 20, 2010, the City of Mound received a complaint from a Reliable Concerned Citizen regarding suspected mold and/or water damage and exterior maintenance issues on the Property. The City requested MNSPECT conduct an inspection to determine if there were any violations of Mound City Code, International Property Maintenance Code (IPMC), or Minnesota State Building Code (MSBC). The City sent a letter to the Owner of the Property, identified as T.L. (Terry) Sincheff, advising of the complaints and requesting permission to inspect the Property. The Owner of the Property was requested to schedule an inspection on or before September 1, 2010. On September 3, 2010, the City received a letter dated August 27, 2010, from the Owner of the Property. The Owner of the Property declined to allow an inspection of the Property, on the basis of "no impact to others, mold and water damage is a nonissue.". On October 29, 2010, the City sent a second letter to the Owner of the Property, in response to the August 27, letter. This letter told the Owner of the Property the City was obligated to conduct an inspection of the Property, in order to properly follow-up on the complaints made to the City. This letter requested the Owner of the Property schedule an inspection on or before November 10, 2010. The Owner of the Property did not respond to this letter. On March 31, 2011, the City sent a third letter to the Owner of the Property, regarding the answer provided in the August 27 letter. This letter told the Owner of the Property the suspected mold and/or water damage was deemed a health concern, requiring an inspection of the interiors and exteriors of the Property to confirm or dispel violations of Mound City Code and the IPMC. This letter requested the Owner of the Property contact the City on or before April 13, 2011, to COPIES TO: COURT ® CIT -490: 0 BUILDING OFFICIAL Application 1-3 schedule an inspection or discuss the conditions of the Property. The Owner of the Property did not respond to this letter. On March 20, 2015, the exterior of the Property was inspected from the street, by City of Mound Field Officer Stewart B. Simon, F.O. Simon reported a hole in roof of the dwelling, in an area above the front entry door and a second hole on the northwest corner of the roof. Multiple sections of siding, fascia, and trim were observed to be missing from the structure or loose. F.O. Simon was not able to locate visible house numbers posted on the Property. F.O. Simon contacted MNSPECT to advise of the inspection and findings. On July 6, 2015, F.O. Simon conducted a follow-up inspection of the Property. F.O. Simon reported no significant changes in the exterior appearance of the Property and the open lawn areas were unmaintained. F.O. Simon sent a letter to the Owner of the Property requesting the lawn be mowed. The Owner of the Property did not respond to this letter and the City hired a contractor to mow the lawn. On May 18, 2016, F.O. Simon conducted an inspection of the exterior of the Property. F.O. Simon reported no significant changes to the appearance of the Property, including the unmaintained open lawn areas. F.O. Simon sent a letter to the Owner of the Property requesting the lawn be mowed. The Owner of the Property did not respond to this letter and the City hired a contractor to mow the lawn. On November 16, 2016, your Affiant conducted an exterior inspection of the Property. Your Affiant found the Property in violation of Mound City Code and the IPMC, based on observed holes in the roof, missing siding, and a compromised soffit at the rear of the dwelling. Your Affiant has cause to believe the Property to be hazardous, based on the continued deteriorating conditions on the Property. As of the date of this application, the Owner of the Property has not corrected the conditions observed on the exterior of the Property and has not consented to an interior inspection of the Property. Your Affiant has the legal authority to request an administrative search warrant. A search warrant for purposes of inspection is authorized by Search Warrant of Colombia Heights v. Rozman, 586 N.W.2d 273 (Minn. App. 1998). In that case, the city code required annual inspections of apartment rental units. A landlord refused City entry into an apartment building and argued the City lacked authority to obtain an administrative search warrant to search the apartments. The court of appeals cited Camera v. Municipal Court, 387 U.S. 523 (1967). Rozman, 586 N.W.2d at 275-276. Camera found the Fourth Amendment probable cause standard will "Vary with the municipal program being enforced, and may be based upon the passage of time, the nature of the building, or the condition of the entire area, but will not necessarily depend upon specific knowledge of the condition of the particular dwelling." Camera, 387 U.S. at 535-536. In Rozman, the warrant requested was not for an "area inspection" like that in Camera, but rather for a particular building. The Rozman court found the search warrant requested met the probable cause standard since the City had visited the property before and saw the code violations, and also since Camera allow warrants based merely on the "passage of time." Rozman, 586 N.W.2d at 276. The court found the warrant requested in COPIES TO: COURT • CIT' -931-Y, ® BUILDING OFFICIAL Application 1-4 Roznaan fell easily within the standard of probable cause. Id. Furthermore, upon application for an administrative search warrant, the power rests with the Court to require that the applicant establishes individualized suspiciou, in any given case. See McCaughhy v. City of Red Wing, 831 N.W.2d 518, 524-525 (Minn. 2013). In this case, your Affiant has authority to request an administrative search warrant to inspect the suspect property. The City also has met the probable cause and individualized suspicion standards set forth in the Rozman and discussed in the McCaughh y cases. Your Affiant observed first hand ongoing violations of the Mound City Code and the IPMC. Because the Owner of the Property has not responded to repeated requests to inspect the Property, your Affiant is unable to sufficiently follow-up on complaints and observations of known violations of the Mound City Code, IPMC, and MSBC. Your Affiant is further unable to sufficiently determine the extent of the hazardous conditions requiring abatement, pursuant to the MSBC and Minnesota Statute §463.15 et seq. Pursuant to the legal authority cited in this application, your Affiant seeks an administrative search warrant permitting the Affiant and City of Mound Field Officer Stewart B. Simon, with a police escort, to enter and to allow your Affiant to examine interiors and exteriors of the Property, as well as all accessory structures and sheds, in order to enforce the Mound City Code, IPMC, and MSBC; to take photographs and video recordings; and to perform other such duties as necessary to support and document the findings of the interior and exterior inspections. Specifically, your Affiant requests that at the time of inspection, inspect the interiors and exteriors of the Property as well as all accessory structures and sheds, to determine and document the existence and extend of the violations of Mound City Code, IPMC, and MSBC, at the Property. COPIES TO: COURT + CIT' -932-' * BUILDING OFFICIAL Application 1-5 NVBEREFORE, Affiant requests a search warrant be issued, commanding Building Official Scott Qualle (a) certified building official of the State of Minnesota, Field Officer Stewart B. Simon (a) code enforcement officer of the City of Mound, and an escort from the Orono Police Department, (a) peace officer(s), of the State of Minnesota, and all other personnel under your direction and control between the hours of 7:00 a.m. and 8:00 p.m. only to search the hereinbefore described Premises, for the described property and things and to seize said property and things and keep said property and things in custody until the same be dealt with according to law. Subscribed and sworn to before me this Z� day of J-�zt�►�; 20 Official Scott of District Court COPIES TO: COURT 9 CIT'_933- 9 BUILDING OFFICIAL Warrant 1-1 STATE OF MINNESOTA, COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT COURT TO: BUILDING OFFICIAL SCOTT QUALLE (A) CERTIFIED BUILDING OFFICIAL OF THE STATE OF MINNESOTA, FIELD OFFICER STEWART B. SIMON (A) CODE ENFORCEMENT OFFICER OF THE CITY OF MOUND, AND AN ESCORT FROM THE ORONO POLICE DEPARTMENT, (A) PEACE OFFICER(S) OF THE STATE OF MINNESOTA. WHEREAS, BUILDING OFFICIAL SCOTT QUALLE Inas this day on oath, made application to the said Court applying for issuance of a search warrant to search the following described Premises, : The property commonly known as 6077 Aspen Road and legally described as Lot 019, Brookton, Hennepin County, Minnesota. located in the City of Mound, County of Hennepin STATE OF MINNESOTA for the following described property and things: Enter, inspect, photograph, and perform other such duties as are necessary to support and document the findings of the interiors and exteriors of the grounds including, but not limited to, a white single family dwelling and all detached accessory structures, and sheds on the property located at 6077 Aspen Road in the City of Mound, County of Hennepin, State of Minnesota, in order to determine and document the existence and extent of violations of the Mound City Code, International Property Maintenance Code (IPMC), and Minnesota State Building Code (MSBC) upon said property. WHEREAS, the application and supporting affidavit of Building Official Scott Qualle washvere duty presented and read by the Court, and being fully advised in the premises. NOW, THEREFORE, the Court finds that probable cause exists for the issuance of a search warrant upon the following grounds: 5. The property above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime. The Court further finds that probable cause exists to believe that the above-described property and things are at the above-described premises, . NOW, THEREFORE, YOU BUILDING OFFICIAL SCOTT QUALLE (A) CERTIFIED BUILDING OFFICIAL OF THE STATE OF MINNESOTA, FIELD OFFICER STEWART B. SIMON (A) CODE ENFORCEMENT OFFICER OF THE CITY OF MOUND, AND AN ESCORT FROM THE ORONO POLICE DEPARTMENT THE PEACE OFFICER(S) AFORESAID, AND ALL OTHER PERSONNEL UNDER YOUR DIRECTION AND CONTROL ARE HEREBY COMMANDED BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. ONLY TO SEARCH THE DESCRIBED PREMISES, FOR THE ABOVE-DESCRIBED PROPERTY AND THINGS, AND TO SEIZE SAID PROPERTY AND THINGS AND TORETAIN THEM IN CUSTODY SUBJECT TO COURT ORDER AND ACCORDING TO LAW. BY THE Dated: c'�� 2_'_ ; , 20 /W OF DISTRICT COURT COPIES TO: COURT ® CITY ATTY •-934_:)ING OFFICIAL • PREMISES/PERSON -935- ;91 IS.T.'ITRWO-1 -937- r 2415 WILSHIRE BOULEVARD' MOUND, MN 55364-1668 • PH: 952-472-0600 • FAX: 952-472-0620' WWW.CITYOFMOUND.COM By Certified Mail and First Class Mail February 13, 2017 Mr. T L Sincheff 6077 Aspen Road Mound, MN 55364 Re: 6077 Aspen Road, Mound, MN - Hazardous Building and Property Conditions (Lot 119 in BrooktonA•r, • Dear Mr. Sincheff, This letter is in regards to the property located at 6077 Aspen Road, Mound. On January 6, 2017, 1 performed an on-site inspection of the exterior and interior of the property. As a result of our findings, it was determined that the property is considered unsafe and hazardous per MN Rules, Chapter 1300.0180 and MN State Statute 463.15. MN Statutes 463.15 defines a hazardous building or hazardous property as follows: "'Hazardous building or hazardous property' means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health." This determination was based on the following conditions: Significant damage to the roof on the south side of the home • Ceiling failure (as a result of roof damage) in master bedroom ® Kitchen, living room, and other rooms filled with garbage and waste • Property is unfit for human occupancy due to the degree in which the structure is in disrepair in addition, the following items are in violation of the 2000 International Property Maintenance Code, which has been adopted and is enforced by the City of Mound: 1. 303.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. -939- 2. 303.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. 3. 303.9 Overhang extensions. All overhang extensions... shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. 4. 304.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition At this time, we are requesting, in writing, a timeline and plan for the repair, rehabilitation, demolition, or removal in accordance with Minnesota Statutes, Sections 463.15 to 463.26, within seven (7) business days of the date of this letter, which is on or before February 15, 2017. The written timeline and plan for correction should be addressed to: City of Mound Attention: Sarah Smith, Community Development Director 2415 Wilshire Blvd. Mound, MN 55364 If we do not receive a response within that timeframe, you are advised that the matter will be placed on an upcoming agenda for consideration by the Mound City Council, at its Tuesday, February 28, 2017, 7:00 p.m. meeting, to determine which steps the City needs to take to compel compliance due to the current hazardous condition of the structure as defined by Minnesota Statutes 463.15. Please feel free to contact me at 952-442-7520 if you have any questions regarding this letter. We look forward to working with you would like to thank you in advance for your cooperation in resolving this issue. Sincerely, U��Ue:, Scott Qualle Building Official c: Property File Eric Hoversten, City Manager/Public Works Director Sarah Smith, Community Development Director Stewart Simon, Field Officer •�i 2415 W10HIRE BOULEVARD - MOUND, MN 55364-1668 • PH: 952-472-0600 • FAX: 952-472-0620 ° WWW.CITY0FM0UND.00M By Certified Mail, U.S. Mail And Hand Delivery Friday, February 24, 2017 Mr. Terrence L. Sincheff 6077 Aspen Road Mound, MN. 55364 Ike: 6077 Aspen Road, Mound, MN — Hazardous Building and Property Conditions (Lot 019 in Brookton, Hennepin County, Minnesota) Dear Mr. Sincheff: This letter is in regards to your property located at 6077 Aspen Road in the City of Mound. On January 6, 2017, our Building Official, Scott Qualle, executed an administrative search warrant on your property. In the course of executing the administrative search warrant, Building Official Qualle found the interior and exterior conditions of your dwelling unsafe and hazardous, pursuant to MN Rules, Chapter 1300.0180 and Minnesota Statute §463.15. Building Official Qualle's determination was based on the following conditions: ® Significant damage to the roof on the south side of the dwelling a Failure of the ceiling in the master bedroom, likely the result of the roof damage • The kitchen, living room, and other rooms filled with garbage and other waste products As a result of the conditions, the property was deemed unfit for human occupancy. On or about February 13, 2017, Building Official Qualle sent a letter to you, in regards to the conditions of your property (copy enclosed). Per the letter, you were requested to submit a written timeline and plan for the repair, rehabilitation, demolition, or removal of the above referenced conditions by Wednesday, February 22, 2017. As of the date of this letter, we have not received your response. The City is concerned for your health and safety, based on your continued occupancy of the property. Because of the severity of this situation, the City is giving you two options to correct the hazardous conditions and make your property safe for occupancy: 1. Make the necessary repairs. You can make all necessary repairs to the property including, repairing the roof, repairing the master bedroom ceiling, repairing broken siding, and removing and properly disposing of all garbage, waste, and other rubbish from the interior of the dwelling. As a reminder, building permits are required prior to initiating any repair work. February 24, 2017 Terrence L. Sincheff Page 2 of 3 2. Agree to a voluntary abatement. A voluntary abatement is a written agreement between you, as the property owner and sole occupant, consenting to the City taking action to remove or correct the hazardous conditions. In this case, the City would get bids to make all necessary repairs to the dwelling, have a contractor perform the necessary work, and have all garbage, waste, and other rubbish on the property removed and properly disposed of, to bring the property into compliance with the City Code and state law. The costs associated with a voluntary abatement (contractor, legal, and administrative costs) are assessed to your property taxes as a special assessment, payable in five (5) equal annual installment payments, at 8% interest. If you do not pursue either of these options and instead do nothing, the City will seek a court ordered abatement. A court ordered abatement is a court issued judgment against your property, authorizing the City to take corrective actions to remove the hazardous conditions under the Hazardous Building Law (Minn. Stat. 463.15-261), The City would get bids to make all necessary repairs to the dwelling, have a contractor perform the necessary work, and have all garbage, waste, and other rubbish on the property removed and properly disposed of to bring the property into compliance with the City Code and state law. The costs associated with. a court ordered abatement (contractor, legal, and administrative costs) become a lien against your property, levied and collected as a special assessment on your property taxes, payable in a single installment. The costs of a court ordered abatement are typically higher than the costs associated with a voluntary abatement. In order to prevent formal action by the City Council and the City seeking a court ordered abatement, you must either (a) provide Staff with a written timeline or plan for making the necessary corrections to remove the hazardous conditions on your property, or (b) meet with Staff to initiate a voluntary abatement agreement by March 17, 201.7. If the City does not receive your written timeline and plan or you do not meet with Staff to initiate the voluntary abatement process by Friday March 17, 2017, this matter will be placed on the agenda for consideration and action by the Mound City Council, at its regular meeting, scheduled for Tuesday, March 28, 2017, at 7:00 p.m. in the Council Chambers. Your written timeline and plan must be sent to: City of Mound Attention: Sarah Smith, Community Development Director or Stewart B. Simon, Field Officer 2415 Wilshire Boulevard Mound, MN. 55364 To schedule an appointment with Staff to initiate the voluntary abatement process, please contact me by E-mail at or by telephone at (952) 472-0605, or Community Development Director Sarah Smith by E-mail ats traps.il7it�(ci,.cate�fi��o�,��t.co=� or by telephone at (952) 472-0604. The City is willing to work with you to correct the hazardous conditions on your property, as explained above. If you have any questions regarding this letter, please contact me in advance of February 24, 2017 Terrence L. Sincheff Page 3 of 3 the March 17, 2017 deadline. On behalf of the City of Mound, I thank you in advance for your cooperation with this serious matter. Sincerely, j ' Stewart B. Simon Field Officer C: Property File Eric Hoversten, City Manager/Public Works Director Sarah Smith, Community Development Director Scott Qualle, Building Official Enclosure (1): Hazardous property notification letter dated February 13, 2017. -943- This Consent and Waiver Agreement (the "Agreement") is entered into as of this _ day of , 2017, by and between the City of Mound, a Minnesota municipal corporation (the "City") and Terrence L. Sincheff, a single person (the "Owner"). The City and the Owner shall be referred to collectively herein as the "Parties." WHEREAS, the Owner is the fee owner of certain real property located at 6077 Aspen Road, Mound, Minnesota 55364, legally described as follows: Lot 019, "Brookton", Hennepin County, State of Minnesota (the "Property"); and WHEREAS, on January 6, 2017, the City's building official executed an administrative search warrant on the Property and found the interior and exterior conditions of the single-family dwelling thereon unsafe and hazardous pursuant to Minnesota Rules Chapter 1300.0180 and Minnesota Statute, Section 463.15; and WHEREAS, based on the conditions discovered during the inspection, the City has determined that the single-family dwelling located on the Property constitutes a "hazardous building," as defined by Minnesota Statutes, Section 463.15; and WHEREAS, Minnesota Statutes, Section 463.151, authorizes the governing body of a municipality to remove or correct any hazardous condition of real estate upon obtaining the consent in writing of all owners and lienholders of record and assess the costs thereof to the real estate; and WHEREAS, it is the desire of the Owner that the City rehabilitate the Property pursuant to the terms and conditions of this Agreement; and Mo WHEREAS, the City is willing to repair the Property in accordance with the request by the Owner without court action provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have a valid and collectable special assessment as it relates to the City's efforts. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by both Parties to this Agreement, the Parties agree as follows: AGREEMENT 1. Recitals. The Parties agree that the foregoing Recitals are true and correct and are fully incorporated into this Agreement. 2. Petition for Repair; Abatement of Hazardous Property. The Owner petitions and agrees for the City to undertake the work necessary to repair the building on the Property and abate the hazardous conditions thereof, including all work determined necessary by the City in order to do so (the "Work"), as may be further summarized in Exhibit A attached hereto. The Work is subject to the dollar limitation contained in paragraph 3 below. The Owner represents that he has a valid interest in the Property and that he has the full legal power and authority to enter into this Agreement and carry out his obligations hereunder. 3. Cost estimate. The Owner has been informed that the estimated cost of the Work, including, without limitation, all engineering, legal, administrative, and fiscal costs is $45,000, but understands and agrees to the payment of actual costs up to 120 percent of that estimated figure. The Owner requests that 100 percent of the actual cost of the Work, subject to the limitation contained in the preceding sentence, be assessed against the Property in accordance with paragraph 4 below. 4. Special Assessment of City Expenses; Waiver. The Owner for himself, and for his successors and assigns in title to the Property, waives notice of hearing and hearing pursuant to Minnesota Statutes Section 429.031 for the Work, and the notice of hearing and hearing on the special assessment levied to finance the Work pursuant to Minnesota Statutes Section 429.061 and specifically requests that as to it, the Work be undertaken and the special assessment be levied against the Property without any hearings whatsoever. Subject only to the limitation contained in paragraph 3 above, the Owner for himself and his successors and assigns waives the right to appeal the levy of special assessment in accordance with this Agreement pursuant to Minnesota Statutes Section 429.081, or reapportionment thereof upon land division pursuant to Minnesota Statutes Section 429.071, subdivision 3, or otherwise. The Owner further specifically agrees with respect to such special assessment against the Property that: a) Any requirements of Minnesota Statutes Chapter 429 with which the City does not comply are hereby waived; 496511Q LBK MU220-16 b) The increase in fair market value of the Property as a whole resulting from the Work will be in an amount at least equal to the total cost of the work assessed to the Property, and that such increase in fair market value is a special benefit resulting from the project; c) Assessment of the actual cost of the Work against the Property as outlined above is reasonable, fair, and equitable and there are no other properties against which such costs should be assessed; d) The special assessment will be deferred until the earlier of the following three events: (1) the sale, transfer or any other conveyance of the Property to a third party, (2) the death of the Owner, or (3) 15 years from the date this Agreement is executed; e) The special assessment shall accrue compounding interest at the annual rate of eight percent, accruing from and after the date whereby the special assessment is adopted by the City Council; and f) Upon the occurrence of any of the three events provided in the preceding paragraph (d), the principal amount of the special assessment and all accrued interest will immediately become due and payable. 5. RiLht of Entry. a) The Owner hereby grants to the City, its agents, employees, contractors, and invitees the right to immediately enter upon the Property and the buildings contained thereon for the purpose of conducting all activities on the Property necessary to accomplish the Work and for the further purpose of storing materials, equipment, and other items thereon which are needed in connection with the Work. b) The right of entry outlined herein shall expire upon completion of the Work. c) In consideration for such right of entry, the City agrees to use the Property only for the purposes described herein to do no unnecessary damage to the land. 6. Indemnification and Waiver of Claims. The Owner agrees to indemnify, hold harmless, and defend the City, its officials, employees, contractors, and agents from and against any and all liability, loss, costs, damages, expenses, claims, actions, or judgments, including reasonable attorneys' fees which they, or their agents or contractors may hereinafter sustain, incur, or be required to pay, arising out of or by reason of this Agreement. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes Chapter 466 or otherwise. 7. Maximum Amount Assessed. Nothing in this Agreement shall be deemed to obligate -946- 496511 Q LBK MU220-16 the Owner to payment of an assessment in excess of either (a) 120 percent of the estimated cost contained in paragraph 3 above, or (b) the actual cost of the Work, whichever is less, plus interest. 8. Cost Exceeds Estimate. In the event that the City determines that the actual cost of the Work will exceed 120 percent of the estimated cost, it will notify the Owner of such determination in writing. The Owner will then have five days to determine whether to consent to an increase in the amount of the assessment to include the increased costs. If the Owner notifies the City in writing within such period that he will accept the increase, then the City will proceed with the Work. If such notice is not given, the City may terminate the Work, and may, in its discretion proceed with a hazardous building action pursuant to Minnesota Statutes Chapter 463. 9. General Provisions. This Agreement represents the entire agreement between the Parties and supersedes in all respects all prior agreements of the Parties, whether written or otherwise, with respect to the Property. No change, modification or waiver of any provisions of this Agreement will be binding unless it is in writing and signed by both Parties. This Agreement shall be construed according to the laws of the state of Minnesota. Any provision of this Agreement which is void or unenforceable may be severed from the remaining provisions without affecting the enforceability of the remaining provisions. 10. Execution in Counterparts. This Agreement may be executed and delivered in two or more counterparts, each of which, when so delivered, shall be an original, but such counterparts shall together constitute but one and the same instrument and agreement. This Agreement shall be deemed to be effective on the last such day any such counterpart is executed. 11. Run with the Land. The provisions of this Agreement shall run with the land and be binding upon the Owner and his respective heirs, successors, and assigns. 12. Recording. The City will record this Agreement against the Property in the land records of Hennepin County. It is the intent of the Parties that this Agreement be in a form which is recordable among the land records and they agree to make any changes to this Agreement as may be necessary to effect the recording and filing of this Agreement against the Property. 13. Termination of Agreement. This Agreement shall terminate upon the final payment of the special assessment levied against the Property regarding the Work and the City shall thereafter execute and deliver such documents, in recordable form, as are necessary to extinguish the rights hereunder. [SIGNATURE PAGES FOLL097 -9j7- 496511 Q LBK MU220-16 IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be duly executed in their names and on their behalf on or as of the dates indicated herein. C LIM STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Mark Wegscheid, Mayor Eric Hoversten, City Manager The foregoing instrument was acknowledged before me this day of , 2017, by Mark Wegscheid and Eric Hoversten, the Mayor and City Manager, respectively, of the City of Mound, a Minnesota municipal corporation, on behalf of the City. Notary Public 496511Q LBK MU220-16 f Terrence L. Sincheff STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2017, by Terrence L. Sincheff, a single person. THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 -949- 496511v2 LBK MU220-16 Notary Public Project Plan (the "Work") 1. Repair or replace roof including, but not limited to plywood, barrier protection, flashing, vents, shingles, fascia, and gutters. 2. Repair or replace damaged or missing exterior siding and trim; paint or treat the same. 3. Repair or replace master bedroom ceiling. 4. Remove and dispose of all rubbish, garbage, refuse, and derelict automobiles from the interior and exterior areas of the property. 5. Make all other necessary repairs to windows and exterior doors to protect building envelope. CITY OF 1 1 RESOLUTION 1 WHEREAS, on January 6, 2017, the building official for the City of Mound (the "City") executed an administrative search warrant at 6077 Aspen Road, Mound, Minnesota (the "Property") and found the interior and exterior conditions of the single-family dwelling thereon unsafe and hazardous pursuant to Minnesota Rules Chapter 1300.0180 and Minnesota Statute, Section 463.15; and WHEREAS, Terrence L. Sincheff (the "Owner") is fee owner of the Property; and WHEREAS, the City has communicated to the Owner its intent to initiate a hazardous building action with respect to the Property pursuant to Minnesota Statutes Chapter 463; and WHEREAS, the Owner has expressed a desire to have the City perform the work necessary to remove the hazardous condition of the Property and assess all costs of said work to the Property; and WHEREAS, the Owner has signed a Consent and Waiver Agreement that will allow the City to repair the hazardous condition of the Property and assess the costs of the work and other expenses related thereto against the Property; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as follows: 1. The building located on the Property is hazardous as defined by Minnesota Statutes, Section 463.15. 2. The building also constitutes a public nuisance within the meaning of Minnesota Statutes, Section 609.74 and Section 42-1 of the Mound City Code. 3. The Consent and Waiver Agreement is approved. The City Attorney and City staff are authorized to take all necessary steps to secure compliance with the Agreement. Adopted by the City Council this _ day of , 2017. ATTEST: Catherine Pausche, City Clerk -951- Mark Wegscheid, Mayor PARKS AND OPEN SPACE COMMISSION MEETING MINUTES JANUARY 12, 2017 The Mound Parks and Open Spaces Commission met on Thursday, January 12, 2017, at 7:00 p.m. in the council chambers of the Centennial Building. Present: Chair Travis Mills, Commissioners Derek Goddard, Shawn Seiler, and Linda Cordie Absent: Council Representative Jeff Bergquist, Lead Parks Worker Gavin Ball Others Present: City Manager and Director of Public Works Eric Hoversten Public Present: Pat Gorman 1. Call to Order The meeting was called to order at 7:01 p.m. 2. Election of Officers for 2017 A. Chair MOTION by Goddard, seconded by Seiler, to nominate Travis Mills for Chair. Goddard, Seiler, and Cordie voted in favor, Mills abstained. Motion carried. B. Vice Chair MOTION by Mills, seconded by Goddard, to nominate Shawn Seiler for Vice Chair. Mills, Goddard, and Cordie voted in favor, Seiler abstained. Motion carried. 3. Roll Call 4. Approval of Agenda Mills asked that Hoversten add to Item 11 updates on Swenson Park and renaming of parks. MOTION by Mills, seconded by Cordie, to approve the agenda as amended. All voted in favor. Motion carried. S. Approval of Minutes: December 8, 2016 regular meeting MOTION by Mills, seconded by Cordie, to approve the minutes from December 8, 2016 regular meeting. Cordie, Mills, and Goddard voted in favor, Seiler abstained. Motion carried. 6. Comments and Suggestions from Citizens Present: None offered 7. Pat Gorman with the Westonka Jaycees - Parks Donation and Expected Use Pat Gorman, 3063 Devon Lane, from Westonka Jaycees. Jaycees are donating the proceeds from pull -tabs for the City to use for upgrades to parks. Hoversten says that these dollars would go to capital improvements for parks, instead of regular maintenance. -952- Mound POSC Meeting Minutes January 12, 2017 Hoversten stated that one idea for these improvement dollars would be to spend them on "BBQ Pads" at Surfside Park. These would include new barbecues and picnic tables, as well as handicap accessible standards for the park. Gorman and the Jaycees had discussed using the money to install a pavilion/gazebo structure at Surfside. Gorman realizes that the amount of money the Jaycees donated would not cover the full cost of a pavilion, but perhaps the money could be put towards a pavilion. Mills thought the idea of a pavilion is a good one. Cordie inquired about the WRA ball fields in Minnetrista. Gorman said the Jaycees were big contributors to building and maintaining that field. Mills asked Hoversten about costs for building a pavilion. Hoversten thinks a pavilion could fit near the boat launch parking lot. Hoversten has not looked at pricing for installation, but from previous experience, it could be anywhere from $50-$60k. This could take time to implement due to the dollars needed. Mills asked Hoversten if the City has access to consultants for the planning of a pavilion installation. Hoversten stated that the City's consultant planning group is Hoisington Koegler (HKGI). HKGI are committed to working with the City on a comprehensive plan and this could be part of that. Hoversten suggested the City bring together a focus group to gauge what the public would like to see at the parks. Discussion ensued regarding the benefits of improving Surfside Park with a pavilion -type structure. Gorman stated that the Jaycees are open to other ideas about Surfside improvements. Mills mentioned that the POSC was looking into refurbishing tennis and basketball courts at Swenson Park, as well as improvements to the tennis court at Three Points Park. Mills stated that the POSC will share the list of potential improvements to the parks with Gorman from the Jaycees. Cordie feels that the City should provide certain things at the parks, like a place to sit. Gorman stated that the Jaycees are interested in making sure the community benefits from their donation. Hoversten will keep in touch with Gorman regarding the POSC's progress on various improvements to the parks. MOTION by Cordie, seconded by Mills, to hold Jaycees donation of $18,000 aside in parks dedication account to examine potential uses in the parks system, in accordance with the Jaycees suggestions. All voted in favor. Motion carried. 8. Discuss commission vacancy Derek Goddard would like to let his term run out and is on the Parks Commission on a temporary basis. -953- Mound POSC Meeting Minutes January 12, 2017 Hoversten stated that there were a multitude of responses for interest in the recent Planning Commission vacancy. Two individuals who were not selected for the Planning Commission have expressed an interest in applying for the vacancy on the Parks Commission. Hoversten asked the Commission if they would like to interview these two candidates or if the Commission is interested in advertising for the vacancy to solicit more candidates. Hoversten recommends that the Commission does not seek out others and just interviews the candidates that have already expressed interest. Cordie mentioned that she knows someone who would be interested in applying. MOTION by Mills, seconded by Goddard, to interview the two candidates who were not selected by the Planning Commission at the February POSC regular meeting, and any other candidate who will surface prior to that time. All voted in favor. Motion carried. 9. Review: Work Rules MOTION by Mills, seconded by Cordie, accepting the work rules. All voted in favor. Motion carried. 10. Create and Review: 2017 Calendar Hoversten stated that the proposed calendar is a summary of items that are reviewed each year and those items correspond to specific dates of the City's budget planning cycle. Mills asked about the Swenson Park upgrade dollars. Hoversten mentioned the grant dollars from Target Field taxes specifically are targeted to youth sports. US Bank Stadium grant dollars are not targeted to youth sports. Mills agrees that the US Bank Stadium grants fit better for the Mound community. However, Mills thinks the grant dollars are meant for low income communities. Hoversten commented that the Mound area has many different properties and residents that are both low and high income. Mound may qualify. Cordie asked what the budget is for parks for 2017. Hoversten shared that the parks capital budget is $7,000 for 2017. There is also the $20k set aside for the matching funds for the tennis court grant. Mills will research grant writing. Cordie asked if we will have information about the Tree Trust program to discuss at the February meeting as shown on the proposed calendar. Hoversten has not heard anything yet. Goddard suggested the Commission add the candidate interviews to February. MOTION by Mills, seconded by Seiler, to accept the calendar with the addition of interviews to February and take off grant writing from April. All voted in favor. Motion carried. 11. Reports City Council Representative none Mound POSC Meeting Minutes January 12, 2017 Commissioner Comments - Hoversten shared with the Commission the cost estimates for Swenson Park refurb. Worst case scenario, the City would have to come up with $50k. Due to the Met Council's need to dig a much deeper trench than was anticipated, the entire park will need to be redone, except for the tennis court. Hoversten suggested to Met Council that the tennis court needs to be redone as well and the Met Council will bring that suggestion forward. Hoversten says Met Council will do restoration of park in mid to late summer of 2017. Hoversten will add to the POSC Feb. agenda the item regarding renaming different parks within Mound. Hoversten thinks any renaming would need to go into a resolution and put before the City Council. 12. Adjourn MOTION by Cordie, seconded by Mills, to adjourn at 8:03 p.m. All voted in favor. Motion carried. Submitted by: Mary Mackres -955- PARKS AND OPEN SPACE COMMISSION MEETING MINUTES FEBRUARY 9, 2017 The Mound Parks and Open Spaces Commission met on Thursday, February 9, 2017, at 7:00 p.m. in the council chambers of the Centennial Building. Present: Chair Travis Mills, Commissioners Derek Goddard, Shawn Seiler, and Linda Cordie, Council Representative Jeff Bergquist Absent: none Others Present: City Manager and Director of Public Works Eric Hoversten Public Present: Jody Smith 1. Call to Order The meeting was called to order at 7:00 p.m. 2. Roll Call 3. Approval of Agenda MOTION by Mills, seconded by Seiler, to approve the agenda. All voted in favor. Motion carried. 4. Approval of Minutes: January 12, 2017 regular meeting MOTION by Mills, seconded by Seiler, to approve the minutes from January 12, 2017 regular meeting. All voted in favor. Motion carried. S. Comments and Suggestions from Citizens Present: None offered 6. Interview of Candidates A. Merrick Morlan B. Jody Smith Hoversten informed the Commission that Mr. Morlan is unable to attend the meeting this evening. Hoversten said the Commission has three options: 1. Reschedule interviews until next meeting (March 9); 2. Work Rules allow interviewing the one candidate present and consider application packet for the other candidate; 3. Evaluate both candidates from their application packets Mills expressed that he would like to just move forward with the interviews tonight. Cordie and Goddard agreed. Mills posed questions to candidate Jody Smith, 5919 Hawthorne. Smith told the Commission she has volunteered at the Arboretum and has knowledge of various plant types. Smith formerly worked in Civil Engineering, obtaining experience in plat maps. Smith's major in -956- Mound POSC Meeting Minutes February 9, 2017 these communication vehicles would be an article in the summer City newsletter; at the City clean-up days in May, in collaboration with Minnetrista; information booth at the Spirit of the Lakes Festival; and, at the community information booth at the Mound Farmers Market and More. The distribution of trees would be in the fall, with planting also in the fall. Quantity of trees would be about 100, utilizing the money from the Watershed. The Watershed asks that participants contribute $25.00, thereby allowing the resident to receive a $15010 -gallon tree for $25.00. Hoversten feels that requiring participants to make this small $25 contribution would ensure that the trees would get planted instead of just sitting in the bucket. Hoversten says that if Minnetrista and Mound were to provide some matching funds, the Cities would be able to purchase more than 100 trees. However, for this first offering, Hoversten thinks that starting small would be the way to go. If the City sold all of the trees, this would be a great success and the City would know to purchase more next year. Hoversten stipulated that these 100 trees would have to go to residents. If there were any left over, the City could plant them in public spaces. Cordie stated that she was going to provide information to the Westonka Garden Guild about the tree planting program in the spring. Cordie said she may need to rethink the timing of the presentation if the trees will be distributed in the fall. Hoversten says the presentation will still be beneficial. Hoversten says that the City has money budgeted for either purchasing more trees in the program or providing technical assistance and education to get a tree through the program. Mills inquired about the Commission's role in the Tree Trust program. Hoversten said that the logistical pieces of the program will need to be organized by the Parks Dept, City Staff, the Parks and Open Spaces Commission or whomever. Hoversten will look to the Commission for the oversight and guidance for the program. 10. Update on Grant Writing - U.S. Bank Places to Play Program Mills has a few concerns about the program. Hoversten says this would not work for Mound as it does not include municipalities. Cordie asked if there were any youth sports organizations who would be interested in the U.S. Bank program. Hoversten said the Westonka Soccer Club may be interested and Hoversten will email them the information. Mills said the Commission could go back to the USTA to prepare the grant information for the tennis courts at Three Points. Hoversten says that he would still talk to the Met Council about how much restoration would be done at Swenson Park when the Met Council project is completed. Hoversten says the City submitted a grant request to Hennepin County as part of the aquatic invasive species (AIS) prevention program. These are education dollars to install a 2 -sided LED sign at Surfside boat launch parking lot. Fifty percent of the air time on the sign will be dedicated to Mound -related news and information, 50% will be dedicated to the County for -957- Mound POSC Meeting Minutes February 9, 2017 comprehensive plan. Parks and Open Spaces is a chapter in that plan and this is where the Council will codify the task that the Council gave the Parks and Open Spaces Commission to look at a strategic vision and a way forward for the City's parks. As part of the City's consultant's work plan, there will be a lot of public outreach that will be formulated around a few topics including downtown development and what to do with the City's parks and open spaces. Hoversten feels it is appropriate for the Parks and Open Spaces Commission members to attend that meeting. A public notice will need to be posted about a possible quorum. Hoversten said that the next step after the joint meeting would be to do park assessments and determine budget recommendations for the June meeting. Mills asked what the difference is between a meeting workshop and a regular meeting. Hoversten explained that a workshop has no actions taken. Agenda approval and adjournment are the only official actions taken. Workshop meetings are still open to the public. MOTION by Cordie, seconded by Mills, to accept proposal to bring resolution to Council to rename public spaces as put forth in the packet. All voted in favor. Motion carried. 13. Pavilion Cost Estimates Hoversten shared with the Commission various cost estimates for the purchase or construction of a 20x40 covered area. Options included were metal, wood, and fabric. Mills suggested that a combination might be good. Hoversten suggested that the POSC enlist the help of Hoisington Koegler, the City's consultants, to put together a strategic concept plan for Surfside Park before the City actually spends money. Hoversten stated that the POSC could recommend budget dollars be spent for this planning phase. 14. Reports City Council Representative Mills asked Bergquist to share with the Commission the comments he received from the public about parks. Bergquist said that people have asked about dog parks and also community gardens. Mills says the City could use the empty, unused City lots as rentals for garden plots. Hoversten says people would need access to water so those waters -edge areas might work well. Commissioner Comments - 1S. Adiourn MOTION by Mills, seconded by Cordie, to adjourn at 8:55 p.m. All voted in favor. Motion carried. Submitted by: Mary Mackres MOUND DOCKS AND COMMONS COMMISSION MINUTES January 19, 2017 z The Mound Docks and Commons Commission met on Thursday, January 19, 2017, at 7:00 p.m. in the council chambers of the Centennial Building. Present: Chair Jim Funk, Vice Chair Derrick Hentz, Commissioners Rodney Beystrom, Heidi Peterson and Susan Gardner and Council Representative Kelli Gillispie. Excused: None Others Present: City Manager Eric Hoversten, Director of Finance and Administration, Catherine Pausche, and Administrative Services Coordinator Kevin Kelly Public Present: Don Bachmeier and Alan Coley Chair Jim Funk called the meeting to order at 7:00 p.m. 1. Approval of Agenda. Derrick Hentz noted his name was misspelled on the agenda cover sheet and Pausche requested that agenda item #3 be moved to item #5.1. MOTION by Fink, seconded by Beystrom, to approve the amended agenda. All voted in favor. Motion carried. 2. Oath of Office. City Manager Eric Hoversten thanked all Commission members for their work on behalf of the City and the Docks Commission. Hoversten delivered the Oath of Office, swearing in Commissioners Susan Gardner and Derrick Hentz. 3. Election of Officers MOTION by Beystrom, seconded by Gardner, to re -appoint Funk as Chair and Hentz as Vice Chair. All voted in favor. Motion carried. 4. Approval of Minutes from September 15, 2016 meeting. Hentz noted there was an incomplete sentence in section 6B paragraph 5 of the minutes. Staff will listen to the recording of the minutes and correct the sentence. MOTION by Hentz, seconded by Peterson, to approve the minutes from the September 15, 2016 meeting. All voted in favor. Motion carried. 5. Comments and Suggestions from Citizens Present: Alan Coley, 4580 Denbigh Road, addressed the Docks Commission. Coley said there has been an extensive amount of beaver activity along Denbigh Commons and understood this is the next agenda item to be discussed. Coley noted another issue he stated needed attention was the diminishing water depth along Denbigh Commons. He stated there is only 4 -feet of depth right now and he could jump off his dock and go for a swim when he moved into his home in 1995. Coley stated the channel at Denbigh hasn't been dredged in years and suggested a cost-sharing to make another dredge happen. Funk stated he is aware of this issue which needs to be addressed when the water level is high. Pausche stated a dredge is very expensive and would have to include other agencies such as the Minnesota DNR. Pausche said that it cost $10,000.00 to dredge a thirty-foot area in the nearby Excelsior Commons. She added the dredge was privately paid for and was only in one dock area. Pausche said the City would need to look at balancing the public-private benefit if the City was involved in providing funds for a dredge and there are not enough funds in the Dock budget to take on an extensive dredge. Hoversten added that determining the public benefit versus private benefit concerns would be essential. He added if the channel became un -navigable, then the issue could trigger a stronger need of a dredge as a public benefit after the City looked at costs and where funds would come from if the City shared expenses. Pausche stated the City will need to work on a policy to respond to when the public benefit outweighs the private and how the City would respond. 5.1 Discuss: education/program on beaver damage mitigation improvement of dock materials and weed control. Pausche stated that Ray Hanson, City Public Works Superintendent, and a beaver trapper inspected the Denbigh and Excelsior Commons to look for beaver activity and didn't feel there was an active den in the area. Al Coley and Beystrom both stated this is not accurate as they have seen beaver in the area and Coley wished he would have met the two when they inspected the area. Coley said he knows where the location of the den and the beaver are active. Both Beystrom and Coley stated that over this fall and summer, the beavers took down trees on their property. Pausche stated the cost of beaver removal can be excessive as Coley mentioned that there were 13 beavers removed from the area a number of years ago. Hoversten and Pausche also commented that removal of beavers involves more than the City making a decision, but other agencies including the DNR, and the case of whether the public is impacted by the beaver or is the damage is a private matter. Hoversten stated if the beaver was blocking navigation, then a better case could be made for public impact. Hoversten added the City removed beavers and their dens from Lost Lake channel this year as they were impacting navigation and the use of the City owned docks. Hoversten added that the location of the den Coley described is on state land out in the lake and outside the direct jurisdiction of the City. Beystrom stated he would like to see a clear cut idea of what the City's position will be when responding to beaver activity. Pausche and Kelly stated that dock administration will be looking at doing an inventory of all docks on the commons and assessing their condition, if there are lifts and canopies and the type of dock being used by non -abutters. ••i Kelly said included in the agenda packet was information sent to dock holders on Three Points Commons regarding their responsibilities to keep their dock area free of weeds. Kelly mentioned Three Points Commons was one of the areas cleaned up this summer and dock holders need to do their part in maintaining the commons. Funk stated that Dock Administration needs to prioritize the differing issues pertaining to the dock program and dock usage. Pausche stated that Dock Administration will be working on bringing forward policy and code amendment to respond to Funk's and Beystrom's comments. She added they will be ready for discussion and potential action at the March meeting. 6. Annual Dock Report Kelly presented the report which was included in the DCC agenda packet. Gillispie had questions and talked about the violations occurring on dock site and the removal of the undeclared watercraft at docks. Kelly and Pausche explained that there weren't many violations but the City does not have many tools to respond to the violations. Kelly explained that impounding a watercraft would impose charges to the City and impound sites will not take watercraft with limited value. Pausche stated since the City cannot administer fines to violators and removal is expensive, the City can only do so much. 7. 2017 Dock Map Amendment Kelly stated that the dock location amendments were primarily housekeeping and an effort to get the Dock Map in alignment with the actual locations of the docks listed in the memo. Pausche stated the City has been receiving requests from property owners to add new locations to the dock program. She stated these are locations in which docks would need to go through City owned property or through wetlands. Pausche said adding locations and boats would impact the number of watercraft the City is allowed by the LMCD. Pausche added the City will need to work on developing a policy on adding these locations and would not grant these locations until a policy has been approved. MOTION by Funk, seconded by Beystrom, to accept the amendment to the Dock Map. All voted in favor. Motion carried. 8. 2017 Final Budget Pausche stated that the Dock Fund Budget was approved by the City Council at the December meeting. Pausche noted a change in budgeted capital expenditures included $10,000 for stairway improvements with $50,000 going toward the 2017 Rip Rap project. Pausche also noted the funds collected from the lost Lake slips are transferred to repay the bonds on the debt incurred with the development of the Mound Harbor area. 9. moved to 5.1 -961- 10. Potential new multiple slip sights Pausche stated there are a couple of areas (Idlewood and Ridgewood) which are good candidates to add multiple slips to the commons. Pausche stated Dock Administration met with staff from the LMCD last week and the issue of adding multiple slips was addressed. Pausche said the LMCD stated the two areas could be candidates for multiple slips. Pausche said Ridgewood currently has six individual dock sites which have been underutilized by those dock holders and Idlewood hasn't been used in recent years due to access issues which would need to be addressed. Commissioners expressed concern about current Ridgewood dock holders losing spots on the Lake if they didn't want to be on a multiple slip. Pausche responded that those license holders will be given the opportunity to move to docks in other commons areas or to be on the proposed multiple slip. Pausche stated Dock Administration would request bids for this installation and present the findings to the DCC. 11. Lost Lake Villas Home Owners Agreement 12. Request for Quotes/Proposals a. Rip Rap Project — Kelly stated the City received two bids for the project for 649 feet along Island View Drive which was approved by the DCC in September. Both bids were from companies which have done rip rap projects for the City. The DCC moved to accept the bid for $88.00 per linear foot from Concept Landscape. Kelly stated the Concept bid is their winter rate so the project could be completed this winter. b. Stair Improvements — Kelly stated there are photos of the two stairways on the Pebble Beach commons which are in significant disrepair and need to be replaced. One of the dock holders came to the City to discuss. Kelly added there is a memo with information about stair replacement in Woodland Point a number of years ago in which the slip holders who directly benefitted by the new stairway paid a portion of construction costs. Kelly said the Woodland point slip holders paid an extra $50.00 a year for five years and something similar could be implemented for this project. Kelly said Dock Administration will seek bids on the construction of the two stairways. 13. Possible Amendments to the City Code Pausche stated Dock Administration will bring forward code amendments at the March meeting in regard to the issues discussed at this meeting. Pausche stated one area to be addressed is the non-use of docks by non -abutting dock holders. She added there is language in the City Code which addresses non-use by multiple slip holders and this or similar language can be applied to all non -abutters. Commissioners expressed that they would like to see that non -abutters be given a chance to put in a boat or to share their dock before losing a dock location due to non-use. Peterson and Gardner said the use of the commons has changed over the years as residents have swam and fished off of -962- private docks in the past and continue to do so. Peterson, Hentz, Beystrom, Gillispie and Funk all felt the docks should be primarily used for watercraft. Funk added that City Parks are in the City for residents' enjoyment including swimming and other areas in the City designated for fishing. Gardner noted that it would be difficult for the City to enforce all forms of use of the docks by residents including children and cautioned writing code which can't be effectively enforced. 14. 2017 Calendar Funk asked the DCC if they had any questions about the calendar and added that the March meeting will include the drawing of the wait list lottery. Pausche stated the calendar can be amended if any additional issues need DCC input. MOTION by Funk, seconded by Hentz, to approve the calendar as presented. All voted in favor. Motion carried. 15. Reports City Council Representative - Gillispie stated the ground was broken on the Indian Knoll Manor development and the Serenity Hills project is moving forward. Gillispie added the Serenity Hills project fronts Mound Lakeshore but is not commons and will have day dockage only. Staff— Pausche stated the City Volunteer Appreciation Dinner is being held on February 27th and asked the Commissioners to join the event. MOTION by Funk, seconded by Hentz, to adjourn at 8:50 p.m. All voted in favor. Motion carried. Submitted by: Kevin Kelly -963- Jobalaxas" 'OM I MINIVINEIM04*01 0 March 08, 2017 City of Mound 2415 Wilshire Blvd Mound, MN 55364 Re: Minnesota Snowmobile Trails Assistance Program FY2017 Budget Adjustment — 4t'' Benchmark Reduction — OFFICIAL NOTICE Dear Catherine Pausche: This letter is to inform you of the status of the state's dedicated snowmobile account and how this account affects Snowmobile Grant-in-aid (GIA) Program funding. This winter there was lower than projected revenue into the snowmobile account, and as a result, unfortunately, the 4th benchmark will not be disbursed in fiscal year 2017. The DNR consulted with the Minnesota snowmobile community to share information on the snowmobile account and discuss impacts to the GIA Program benchmarks. Attached is a document with further information on this budget adjustment, FY18 funding level projections, and the snowmobile account. The existing contract provides for the possibility of reducing grant amounts due to the variability in revenues. Section C. Funding states, "The State's sole responsibility under this Agreement is to provide funds to the Sponsor. In the event that state funds become unavailable because of legislative or executive action or restraints, the grant amount may be reduced or canceled by the State. Due to variability in revenues to the snowmobile account, in FY2017 the State/DNR may reduce or not disburse funds for the third and/or fourth benchmarks." The 31d benchmark reimbursement that is due April 15th will be the final payment on your fiscal year 2017 grant. However, please submit the signed 4th benchmark form as well as the application and attachments by the regular May 15th deadline to remain part of the Snowmobile GIA Program. If you have any questions about the 4th benchmark this year or the Snowmobile GIA Program please contact me at 651-259-5875. Thank you for your work supporting snowmobiling in Minnesota! Sincerely, Rachel Hintzman DNR Parks & Trails Area Supervisor CC: Southwest Trails Association Minnesota Department of -1 Resources ® Division Name Address 1, addrCzH-ity, State, Zipcode There have been ongoing funding challenges with the snowmobile account over the last 5 years. The snowmobile account is funded from two primary sources: state gas tax revenue from snowmobile use, which is about $7.2 million/year; and snowmobile registration fees (ranging from $3.8 to $7 million/year). Snowmobile registration revenue goes up or down depending on the following: • Weather variability, such as good/bad snow years • The number of snowmobile registrations up for renewal, which are impacted by the 3 -year cycle (e.g., years with more sleds up for renewal result in higher revenue than years with fewer sleds up for renewal) • The overall number of snowmobiles registered, which has declined over the last 10 years from a high of 277,000 sleds in 2006 to 196,000 sleds in 2016. This variability in revenue has brought an element of unpredictability to the fund balance in the snowmobile account. During years when the revenue is low and the account balance is in danger of going "in the red," we need to make budget adjustments. By state law we cannot allow the snowmobile account to go below zero. This winter's (2016-2017) snowmobile registration revenues have not been enough to avoid the snowmobile account going negative without a budget adjustment to the grant-in-aid (GIA) program. As a result, the 4th benchmark will not be paid in FY17. We hoped for more revenue and a better snow season to help stabilize the snowmobile account balance this year, but while that did not happen, there was enough revenue to avoid impact to the 3rd benchmark. The 4th benchmark reduction in FY17 ensures that the account balance will stay above zero, but it still leaves the account with a low balance going into the FY18 (2017-2018) winter. In fact, due to the 3 - year cycle of registration renewals, FY18 will be a low year for renewals with only $3.9 million in registration revenue estimated. This low revenue projection means that FY18 grants will need to be reduced by about $1.5 million, which is a 20% funding reduction up front for each grant-in-aid. In addition, there would still be the possibility that the 3rd and/or 4th benchmarks would not be paid, depending on how good of a snow season we have. The following page shows estimates on how changes in registration fees might support the account balance in FY18 and FY19. If the governor's recommended $10/year registration increase were approved by the legislature, grants would not need to be cut by nearly as much and grant funding would likely increase in FY19. -965- Page 1 of 6 Updated 3/7/2017 Snowmobile Account Balance Updated Comparing Potential Registration Fee Increases 2/27/2017 (Projections based on flat funding to GIA and DNR) $4,000>oeo $3,000,aoo r $15/year ($120) 00 $2,000,000 $1,000,000" $10/year ($105) Governor's Proposal FY2017`°�"`` , ,, .FY2019 $5/year ($90) $(1,000,000) ......... .. $(2,000,000) No Change ff@••• ••• No Change ... • .. $5/Year ($90) -, $10/year ($105) Governor's Proposal $15/year ($120) With no change in registration fees, there would need to be serious reductions to GIA grants. For example, based on projections, the funding reduction would need to be at least $1.5M, which would be a 20% decrease in GIA funding from FY17 grant levels. State trail grooming and maintenance would also be reduced. With a $5/year registration fee increase ($90 for a 3 -year registration) there would need to be significant reductions to GIA grants. For example, based on projections, the funding reduction would need to be about $1M, which would be about a 10-15% decrease in funding from FY17 grant levels. State trail grooming and maintenance would also be reduced. • With a $10/year registration fee increase ($105 for a 3 -year registration), which is the governor's proposal, FY18 GIA grants would likely be able to stay near the FY17 funding levels, with the possibility for additional GIA funding in FY19, while also addressing state trail needs. • With a $15/year registration fee increase ($120 for a 3 -year registration) FY18 grants would likely remain at the FY17 funding levels, with the likelihood for additional GIA funding in FY19, while also addressing state trail needs. This would also allow the account to maintain a small balance to protect against the impacts of low snow years. In sum, without a snowmobile registration fee increase of $10/year, the snowmobile account would go into the red. As a result, there would have to be significant funding reductions to the GIA Program as well as a reduction to DNR grooming and maintenance on state trails. With the proposed increase, we project the potential for additional investments in snowmobiling in FY19. Page 2 of 6 -966- 8 Updated 3%7/2017 Comparing S• r 111111111111111111 ill • s •, There is a serious funding need (e.g., recent GIA reductions) Fees haven't been increased in over a decade (2005 was the last time, which was the creation of the trail pass) Fees in Minnesota are lower than neighboring states • Stabilizes the snowmobile account budget by addressing the deficit • Provides necessary funding for GIA grants • Allows the DNR to continue to provide important services supporting snowmobiling • Supports $200M of economic impacts from snowmobiling in Minnesota • Continues to invest in the sport of snowmobiling -967- Page 3 of 6 Updated 3/7/2017 Updated Snowmobile ,Account Y 0 -2019 2/27/2017 $16,000,000 $14,000,000 w� OW $12,000,000 $10,000,000_ _-- _..,,._ _, _ $s,aao,aaa - ___ ___ ___ FY18-19 Projections are based on current $6,000,000 flat funding to $4,000,000 - `GtA and-iJfVFt_ _ $2,000,000 - $_ Y. i r ��Jil"OMML, .} L Ln ca r. 03 cD t d- rn r ${2,000,000 -- 0 0 0 0 0 , i .-� 1-1 c+ N N N rY N N N N N N N N N N N" LL ${4,000,000} u tL tL u iL it 1L iL WMW Fund Balance Total Revenue Notal Expenditures -968- Page 4 of 6 Updated 3/7/2017 DNR & GIA Expenditures 99- t / GIA Funding $9,000,000 — — — increased with the trail pass 12 $7,000,000 _ . _.___ _ _ _ ears a o. Y g $6,000,000 _. $5,000,000__. ��u,„ �� =� .a__._. __ _.- _..— __._ F"-=-�--- DNR Funding $4,000,000 has been flat over 16 $3,000,000 _ Years. Snowmobile Account Balance $2,000,000 $1,000,000 _ Q a © a 0 © c0a Q © 0 o ©C� CD a o 0 tL i�L L1. LL_ !L LL ESL !}L, 6�L L41 L t}L i}L CL ISL LLL l�L II Fund Balance GIA Expenditures Total DNR Expenditures -968- Page 4 of 6 Updated 3/7/2017 -969- Page 5 of 6 Updated 3/7/2017 ® DNR grooms and maintains about 1,000 miles of state trails, such as the Taconite, Arrowhead, North Shore, and Munger. ® DNR administers and oversees the GIA Program, which is required to ensure accountability in grants and public funding. 0 DNR purchases and distributes the majority of the snowmobile trail signs for over 22,000 miles of trail each year. • DNR manages snowmobile mapping and route information and manages the state's main website for snowmobile information, which receives about 100,000 visits each year. • DNR works with the legislature and on policy to support successful snowmobiling. • DNR meetings with landowners, local units of government, snowmobile clubs, and others to continue snowmobiling opportunities and to protect trail impacts. • • DNR provides enforcement of snowmobile laws. • DNR administers a grant program to local law enforcement offices to enforce snowmobile laws. • DNR coordinates snowmobile safety, including the snowmobile safety training program. DNR administers all of the licensing system, ensuring that the 196,000 snowmobile registrations, renewals, and transfers are processed and paid into the snowmobile account. 0 And more... DNR funding from the snowmobile account has remained relatively flat since FY 1999 despite increasing costs and inflation (see graph on page 4), and DNR has reduced costs whenever possible and has absorbed the impact of over 16 years of inflation and rising costs. In contrast to the GIA Program, DNR does not keep unspent funds from year to year. DNR returns unspent funds to the snowmobile account, and it is anticipated that the DNR will return $200,000 to $400,000 to the snowmobile account in FY 2017. This amount is similar to the 4th benchmark reduction to the GIA Program, which is contributing $360,000 to the account balance in FY 2017. -970- Page 6 of 6 Updated 3/7/2017 Hello, Metropolitan Council Environmental Services (MCES) will be hosting forums for city officials (elected and staff) on Thursday, April 6, 9AM to 11AM at Metro Cities, and Thursday, April 13, 1:30PM to 3:30PM at Golden Valley Cite Hall to discuss MCES' financial structure, budget trends and capital needs. We hope you can attend one of these sessions. These forums came about because of concerns by city officials on recent trends in the regional wastewater charge, and potential cost controls as we look out 3-5 years. MCES was asked to host a forum geared towards elected officials, city administrators/managers/clerks and finance directors. Thursday, April 6, 9AM to 11AM Thursday, April 13, 1:30PM to 3:30PM Metro Cities Golden Valley City Hall 145 University Ave. W. 7800 Golden Valley Road St. Paul, MN 55103 Golden Valley, MN 55427 Note: Please park in the lot near the water tower. These forums will include an overview of MCES and insights into the MCES budget process. Topics will include MCES governance, finance, competitiveness, capital spending, and budget components. Special attention will be given to debt service and efforts to control MCES costs and the "why" behind MCES services and fees. There will also be a breakout session so MCES can hear from customers on what can be done to more clearly explain MCES services and fees, learn about primary customer concerns, and solicit feedback on what MCES can do better. This Forum is a supplement to our Customer Forums in May/June, which will provide our annual deep dive into the following year's budget. Please RSVP to Kris Hess at kristin.hess@metc.state.mm.us or 651.602.1016. Please forward within your organization as appropriate. Thank you, Ned Smith Director, MCES Finance & Revenue • tNtl% LAKE MINNETONKA CONSERVATION DISTRICT %Rg, 63411 Ah,h'PWOODr ROAD, SUITE 200 - MOUND, MINNESOTA 55364 « TELEPHONE 952845-0789 - FAX 952!745-9085 ��`�t7i63^k K'JtS DATE: March 14, 2017 TO: Member Cities FROM: LMCD Board of Directors Dan Baasen, Bill Cook, James Doak, Jay Green, Ann Hoelscher, Gary Hughes, Chris Jewett, Dennis Klohs, Gregg Prest, Dave Rahn, Sue Schuff, Gregg Thomas, Deborah Zorn Vickie Schleuni[ ,/�l"�YmCD Executive Director SUBJECT: Second Half 2016 LMCD Project and Activities Update The following is a brief summary of the organization and activities for the Lake Minnetonka Conservation District (LMCD) for the second half of 2016. Your representative may have already shared some activities with you, but we understand there are some new City representatives that may appreciate an overview. If you have questions, please contact the LMCD Executive Director Vickie Schleuning or your city's LMCD representative. We look forward to working with you in 2017. Thank you. 1. OVERVIEW OF LMCD • The board includes fourteen members appointed by the City Councils of the fourteen cities surrounding Lake Minnetonka. • There are three and a half staff comprised of an Executive Director (1), Administrative Technician (1) Vacant, Administrative Assistant/Code Enforcement (1), and Administrative Clerk (0.5). • The LMCD was established by enabling Legislation --Minnesota State Statute 1036.611 (1967) to protect the lake and manage its use. • The budget for 2017 consists of a levy of $326,343, license fees, grants, court fines, and contributions for certain activities. 2. HIGHLIGHT OF PROJECTS FROM JUNE -THROUGH DECEMBER • The Harvest Program for Aquatic Invasive Species (AIS) operates from June -August and harvests approximately 391 acres for public navigation. '*,!A,�.Inicd.(-972,-;d@ln,.cd.org To preserve and enhance the "Lake Minnetonka experience" LMCD Update March 14, 2017 Page 2 • The LMCD partnered with various agencies for AIS programs such as the Three Rivers Park District for Watercraft Inspection Program to help prevent spread of existing and new AIS. Funding partners included MN DNR, MCWD, TRPD and cities. Public Safety Hennepin County and various partners installed an emergency access dock on County - owned land near the Arcola Bridge (June 2016). • A number of solar lights, provided and maintained by the Save the Lake Fund, were not working or had been vandalized. New lights were ordered and installed (June 2016). • The Board approved amendments to the ordinance regarding public nuisances and liquor restrictions. The definition of loud noise for was defined as 1) exceeds the levels established by the MPCA when measured from any property abutting the Lake; 2) unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person; or 3) unreasonably interferes with or precludes the use of enjoyment of property, or negatively affects property value. Quiet hours were established as 10:00 pm — 7:00 am, restricting plainly audible noise at a distance of 150 feet from shore. The definition of liquor was changed from beer to an alcoholic beverage. (July 2016) • The Board approved a request from the Caribbean Marina (Tonka Bay) for a second minimum wake buoy to be placed within their current setback area. (Sept 2016) • The LMCD created a Facebook page (October 2016) to provide additional ways to share information with stakeholders www.facebook.com/lakeminnetonkaconservationdistrict. • The LMCD managed numerous inquiries and concerns about dock requirements, de- icing operations, temporary structures, special events, and general lake use in association with its partners such as the Water Patrol, MCWD, MN DNR, lake associations, cities, and other agencies. • The Board approved Lindbo Landing's (Tonka Bay) request to reconfigure their 42 boat storage units utilizing the Qualified Commercial Marina Ordinance. The changes include 1) increasing the dock length to 200 feet; 2) converting 10 slides to slips; and 3) reconfiguring several slips to a uniform 32 feet. (June 2016) The Board approved a policy for the City of Deephaven's request to allow powerboats to use their District Mooring Area. (June 2016) -973- LMCD Update March 14, 2017 Page 3 • The Board approved a request from Jerry Martin, 10 Crabapple Lane, Tonka Bay, for a side setback and adjusted dock use area variance. The request is for 1) a 47.7 foot by four -foot long dock; 2) a northerly adjusted dock use area (up to 17 degrees); and 3) a proposed deck over the 929.4 foot shoreline. The City of Tonka Bay also would also need to approve the proposed deck. The approval was subject to the following conditions 1) restrict future use of a canopy; 2) all appropriate permits must be obtained; 3) submission of an as -built survey; and 4) filing of the variance with the County Recorder. (August 2016) • The Board approved Howard's Point Marina's (Shorewood) request to reconfigure their dock under the Qualified Commercial Marina Ordinance. There is no change in the number of boat storage units (96). (Sept 2016) • The Board approved the following reconfigurations and/or expansions for multiple dock structures, including approving the Environmental Assessment Worksheets (EAW) and finding an Environmental Impact Statement was not required for: o 5th Street Venture Qualified Commerical Marina license (Spring Lake Park). (October 2016, December 2016). The applicant proposed to expand from 13 boat storage units to 41 boat storage units. The Board approved a Qualified Commercial Marina license in December 2016. The dock facility expanded from 13 boat storage units to 30 boat storage units. 5 of those BSUs are dependent on environmental studies. o City of Excelsior. (December 2016 and January 2017) The City of Excelsior PUD and Municipal Dock license was approved to: 1) expand Piers 3, 4, and 5 within their "Commons" area to just under 200' out from shore utilizing the Municipal Planned Unit ordinance; 2) add an estimated 36 additional boat storage units; and 3) congregate their transient watercraft storage to a specific area. o Brown's Bay Marina (Site 2, Orono). (December 2016) Browns Bay Marina was approved in January 2017 to reconfigure their existing dock structures using the Qualified Commercial Marina ordinance. The site will extend out to 200 feet and decrease their width to meet side setback requirements. The BSUs will remain the same. • The Board denied a variance request for watercraft density for 3116 West edge Boulevard, Halstead Bay, Mound (December 2016). • A new Executive Director, Vickie Schleuning, was appointed. Ms. Schleuning has more than 20 years of experience in local government and 6 years in education. (September -974- LMCD Update March 14, 2017 Page 4 2016). An introduction and feedback meeting was also held with the city representatives. • The Board approved an update to the LMCD Bylaws (written in 1967). • The Board approved a new Vision and Mission Statement. The vision is --Lake Minnetonka is a highly valued year-round asset with vibrant aesthetic, recreational, commercial, and natural qualities. These qualities and values will be protected and preserved for future generations. The new mission statement is --To preserve and enhance the "Lake Minnetonka experience." This is accomplished by providing leadership in protecting, improving, and managing lake use. • The Board approved the law firm of Kennedy and Graven to assist with the recodification of the Code of Ordinances to reorganize the code. The process will take up to a year to complete but will result in clearer, more understandable ordinances. It will also facilitate the next phase of the process, a more comprehensive analysis of the criteria and standards in the code. • The Board approved a process to annually establish a Nominating Committee that would recommend a slate of candidates for the chair, vice -chair, secretary and treasurer positions. The process would include potential nominations "from the floor." (Sept 2016) • The Board approved a code amendment regarding Section 2.015, "Reconfiguration of Non -Conforming Structures," to allow the LMCD office to approve requests to replace the dock fingers between slips with dolphin poles to accommodate wider boats. The Board also asked the attorney to draft additional language that would allow greater flexibility for reconfiguration under this section based on linear measurements of the slips. The Board reviewed an analysis and status of the 2016 budget for General Administration, Aquatic Invasive Species, Equipment Replacement, and Save the Lake in October 2016. There was discussion regarding use of staff time for Save the Lake activities, appropriate use of the contributions, and potential uses of the Reserve Fund. Further discussion is planned at future meetings. 3. HIGHLIGHT OF INITIATIVES IN 2017 • Recodification • Stakeholder Engagement • Communication • Finalize Strategic Plan -975- LAKE MINNETONKA CONSERVATION DISTRICT its v� 5341 MA` WOOD ROAD, SHITE 200 MOUND, N41NNESOTA 55,364 TELEPHONE 9521745-011£53 a FAX 952174$5 UAi'r6N, D4� March 9, 2017 Mr. Eric Hoversten City Manager City of Mound 2415 Wilshire Boulevard Mound, MN 55364 Re: Support for Hennepin County Sheriff's Office to Place Additional Electronic Signage on the Lake Dear Mr. Hoversten: The Lake Minnetonka Conservation District ("LMCD") Board of Directors ("Board") received an update from the Hennepin County Sheriff's Office at its February 22, 2017 work session and formal meeting regarding the various activities of the Office to keep those who use the Lake safe and to enforce the laws. Included in the presentation was a discussion of the Sherriff's efforts to place additional electronic signage on the Lake to provide safety related messages to those on the water. Sherriff Stanek was in attendance and encouraged the Board to consider acting to support the effort with the LMCD member cities. In response to the request, the Board acted to adopt the following motion at its regular meeting: "For the LMCD to endorse the Sheriff's electronic sign project and to encourage the cities on the lake to support this important safety project." This letter is being sent in furtherance of the motion to encourage your city to support the Sheriff's efforts in this regard. Thank you for your consideration. Sincerely, Jam Jay Green Board Chair Cc: Vickie Schleuning, LMCD Executive Director www. (rncd.e- 976-:d@In,,cd.org To preserve and enhance the "Lake Minnetonka experience"