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2005-09-27PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. 2. 3. 4. Call meeting to order Pledge of Allegiance Approve agenda, with any amendments *Consent Agenda *A. Approve minutes: September 13, 2005 regular meeting *B. Approve payment of claims *C. Approve Pay Requests: 1. Partial payment to Magney Construction for Well #8 Pump House Project, in the amount of $68,566.25 2. Partial payment to Veit Companies for dump remediation, in the amount of $689,853.90 *D. Approve tabling of dock revocation for Malarky until Oct 11 meeting *E. Approve recommendation for Bluebird Lane petition for amendments to the parking map *F. Approve recommendation for Bruns request for three-way stop at Halstead Lane and Westedge Boulevard *G. Adopt resolution accepting the park and trail improvements in Outlot B and Outlot C in the Village by the Bay Subdivision *H. Adopt resolution extending timeline for recording of Final Plat for Villas on Lost Lake *I. Adopt resolution approving City of Mound consent and joinder to Final Plat for Villas on Lost Lake .Page 2820-2827 2828-2844 2845-2854 2855-2857 2858-2859 2860-2861 2862-2865 2866-2870 2871-2873 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 0 o *J. *K. Adopt a resolution declaring cost to be assessed, and ordering preparation of proposed assessment on 2005 Street Reconstruction Project Adopt resolution authorizing execution of sanitary easements Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker.) Presentation of Awards of Merit by Police Chief Kurtz Presentation of grant to Mound Police Department by Connie Hargest of CenterPoint Energy Planning Commission Recommendation A. Planning Case No. 05-06 (continued from Sept 13) Vacation - unimproved Halstead Avenue 6619 Bartlett Boulevard Larry Peterson Miscellaneous/Correspondence A. Questions and comments from Councilmembers B. Report: Westonka Healthy Community Collaborative 2874 2875-2881 2882 2883 2884-2897 2898-2901 10. 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. citvo[mound, com. MOUND CITY COUNCIL MINUTES SEPTEMBER 13, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 13, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Finance Director Gino Businaro, Docks and Parks Superintendent Jim Fackler, Deb Grand, Wanda Martens, Pam Myers, Tom Rockvam, Norrine Forrest, Verna Hasse, Cklair Hasse, Mark hanus, Jerry Mader, Cheryl Martin, Benjamin Milbrath, John Ehlers Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meetinq Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda Specht requested the removal of D and Osmek requested the removal of A from the Consent Agenda for discussion. MOTION by Osmek, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Aqenda MOTION by Osmek, seconded by Specht to approve the items on the consent agenda with the exception of 4A and 4D which were removed. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $1,677,950.46. C. Reschedule meetings: November 8, 2005 meeting from 7:30 p.m. to 8:00 p.m. December 13, 2005 meeting from 7:30 p.m. to 8:00 pm. D. (removed) E. RESOLUTION NO. 05-121: RESOLUTION ADOPTING FEE SCHEDULE 1 -2820- Mound City Council Meeting - September 13, 2005 F. RESOLUTION NO. 05-122: RESOLUTION AUTHORIZING RECONVEYANCE OF TAX FORFEITED PROPERTY - PID #19-117-23-32-0128. G. Approve Public Lands Permits: 1. Mike/Sara McCue - 4687 Island View Drive for irrigation and stairs on Devon Commons 2. Kirk Bernhagen - 4539 Island View Drive for rip-rap on Devon Commons 3. Steve Bedell - 4957 Island View Drive for rip-rap on Devon Commons H. Approve payment Request No. 4 from Buffalo Bituminous in the amount of $276,125.43 for the 2005 Street Improvement Project. I. RESOLUTION NO. 05-123: RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS FOR TRANSIT DISTRICT PARKING DECK J. RESOLUTION NO. 05-124: RESOLUTION APPROVING VARIANCES FOR AN EIGHT (8) FOOT SIDE YARD FENCE AND WAIVING SWIMMING POOL FENCING REQUIREMENT FOR NEW HOME AT 1605 BLUEBIRD LANE, MOUND, MINNESOTA. PI D #13-117-24-12-0227 K. RESOLUTION NO. 05-125: RESOLUTION APPROVING A PUBLIC LANDS PERMIT TO ALLOW CONSTRUCTION OF A TEMPORARY DRIVEWAY IN RICHMOND ROAD RIGHT OF WAY FOR RANDY GABRELCIK AT 4712 RICHMOND ROAD. PID #19-117-23-32-0137. L. RESOLUTION NO. 05-126: RESOLUTION PURSUANT TO MINNESOTA STATE STATUTES SECTION 272.162, SUBD. 3 TO REQUIRE LOCAL APPROVAL OF ALL LAND DIVISIONS WITHIN THE BOUNDARIES OF MOUND PRIOR TO CONVEYANCE. 4A. Approve Minutes MOTION by Brown, seconded by Beise to approve the minutes of the August 23, 2005 regular meeting, the August 30, 2005 special meeting and the September 7, 2005 special meeting. The following voted in favor: Brown, Specht, Beise and Meisel. The following voted against: None. Osmek abstained from voting because he was absent rd from the August 23 meeting. Motion carried. 4D. Adopt an Ordinance Amendinq City Code Chapter 155 as it Relates to the City Council Specht requested that this item be removed from the consent agenda for discussion. Meisel explained that this proposed ordinance would change the regular time for city council meetings to 7:00 p.m., rather than 7:30 p.m. Brown feels that it is easier for citizens to attend if left at 7:30 p.m. Beise and Specht also expressed desire to leave the start time at 7:30 p.m. MOTION by Specht, seconded by Brown to have the start time of regular council meetings remain at 7:30 p.m. All voted in favor. Motion carried. -2821 - Mound City Council Meeting -September 13, 2005 MOTION by Osmek, seconded by Specht to adopt the following ordinance as amended. All voted in favor. Motion carried. ORDINANCE NO. 16-2005: AN ORDINANCE AMENDING CITY CODE CHAPTER 155 AS IT RELATES TO THE CITY COUNCIL, 5. Comments and suggestions from citizens present on any item not on the a_clenda. - None were offered. 6. Public Hearings A. Planninq Commission Recommendations 1. Case No. 05-06-Vacation of unimproved Halstead Avenue- 6619 Bartlett Blvd. Sarah Smith reviewed the application from Larry Peterson to vacate unimproved Halstead Lane which is located immediately south of his property located at 6619 Bartlett Blvd. The unimproved ROW abuts PID #22-117-24-43-0029, which is a vacant tax-forfeit parcel that is held by Hennepin County. Smith continued by stating that staff feels that it is premature to vacate this street because of the presence of utilities, and also the impact of the proposed redevelopment of the present manufactured home park that is located on a neighboring parcel, is unknown at this time. Brown expressed that he sees no value for this parcel as a city park because it is not accessible, except by crossing private property. Osmek questioned how the proposed future development of the manufactured home park can be considered when there is no proposal on the table at this time, and they are not an abutting property owner so no portion of the proposed vacation would not affect them. Mayor Meisel opened the public hearing at 7:52 p.m. Larry Peterson, 6619 Bartlett Boulevard, stated he applied for the vacation because if the tax forfeit parcel ever does come up for sale to abutting property owners, he would like to be able to bid on it. By vacating the street, he would acquire the north half of the street, and the south half would go to the tax forfeit property, making him an abutting owner to the tax forfeit parcel. Jerry Mader, 6607 Bartlett, stated that he is a property owner two parcels to the east of Peterson. He agrees that there is no reason not to vacate the street. He has an easement through his property and the same could be carried through the vacated street. Tom Casey, 2854 Cambridge Lane, expressed that the standard for this vacation should be the public interest. If the standard is applied to put it on the tax rolls it provides no basis to evaluate if the parcel ought to be in saved and kept for future 3 -2822- Mound City Council Minutes- September 13, 2005 decisions, or released now. He feels the discussion should be elevated beyond public interest by being put on the tax rolls, it should be discussed in other ways, also. Mayor Meisel closed the public hearing at 8:03 p.m. MOTION by Osmek, seconded by Brown to approve the vacation of an unimproved portion of Flalstead Avenue, as applied for by Larry Peterson. Discussion followed regarding affect on the dock program and value as open space. Beise clarified that not all open space needs to have access to have value. Also, all of the City Departments involved recommended denial, and only the Planning Commission recommended approval. Casey added that there is also value for habitat, open space and the natural features of Mound. If you can't get to it by land it has value as habitat for animals and birds. Another point is the possibility of access to the parcel by boat, which gives value to the citizens of Mound by having a riparian parcel with access to the lake. MOTION by Specht, seconded by Beise to table action on this item until the next regular council meeting, for clarification on if the Peterson's parcel and the tax forfeited parcel to the south, actually touch with the unimproved street being an overplat. The following voted in favor: Specht, Beise and Meisel. The following voted against: Brown and Osmek. Motion carried. 2. Case No. 05-27 - Vacation of unimproved portion of Stratford Road - 4458 Denbi,qh Road Sarah Smith reviewed the application by Bruce Johnson to vacate a portion of unimproved Stratford Avenue which abuts his property located at 4458 Denbigh Road. This portion of unimproved Stratford Avenue is surrounded on three sides by Johnson's property. Mayor Meisel opened the public hearing at 8:25 p.m. Bruce Johnson, applicant, stated that by granting this vacation, it would remove an encroachment of the house, which was built in 1920. Mayor Meisel closed the hearing at 8:26 p.m. MOTION by Beise, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-127: A RESOLUTION TO APPROVE THE VACATION OF A PORTION OF UNIMPROVED STRATFORD AVENUE ADJACENT TO PROPERTY LOCATED AT 4458 DENBIGH ROAD. PLANNING CASE NO. 05-27. 4 -2823- Mound City Council Minutes -September 13, 2005 7. Request by Westonka Historical Society and Lake Minnetonka Chamber of Commerce for waiver of fee{s) for permanent sign at 2323 and 2325 Commerce Boulevard Sarah Smith indicated that a sign permit application was received, which does not require City Council action, but they are requesting waiver of the $100 fee, which does require Council action. MOTION by Beise, seconded by Specht to deny the request for waiver of fee for a sign permit at 2323 and 2325 Commerce Blvd. All voted in favor. Motion carried. 8. Vern Brandenberg of WeCAN with amended plan for Gathering Permit for Tree Lighting Ceremony and Sleep-out Benefit Vern Brandenberg presented a revised sketch of the plan for the Tree Lighting Ceremony and Sleep-out Benefit to be held November 17. At the last meeting the City Council approved reducing the Public Gathering Permit fee from $300 to $200. There is now a request to waive the balance of the fee. MOTION by Beise, seconded by Brown to waive the remaining $200 of the Public Gathering Permit fee. The following voted in favor: Brown, Beise and Osmek. The following voted against: Specht and Meisel. Motion carried. 9, 2006 Budget A. Action on Resolution Approving the 2006 Preliminary Budget and Levy Gino Businaro presented an overview of the preliminary 2006 budget, followed by discussion stressing that this was preliminary and the Council would hold another budget workshop in an attempt to reduce the 2006 budget. MOTION by Beise, seconded by Specht to adopt the following resolution. The following voted in favor: Beise, Specht and Meisel. The following voted against: Brown and Osmek. Motion carried. RESOLUTION NO. 05-128: RESOLUTION APPROVING THE 2006 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $4,792,440; SETTING THE PRELIMINARY LLEVY AT $4,256,205; AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2006. B. Action on Resolution Approving a Levy not to Exceed $153,720 for the HRA Brown stated that he doesn't think maxing this levy at $153,720 is the thing to do. Osmek stated that he, also would be voting against this as he did at the HRA. MOTION by Beise, seconded by Specht to adopt the following resolution. The following voted in favor: Beise, Specht and Meisel. The following voted against: Brown and Osmek. Motion carried. 5 -2824- Mound City Council Minutes - September 13, 2005 RESOLUTION NO. 05-129: RESOLUTION APPROVING A LEVY NOT TO EXCEED $153,720 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF AND FOR THE CITY OF MOUND FOR THE YEAR 2006. 10. Action on Amendments to the Administrative Code MOTION by Brown, seconded by Osmek to accept the amendments to the Administrative Code as presented. All voted in favor. Motion carried. 11. Action on Appeals for Dock Revocations Jim Fackler reviewed the background for the dock revocation appeals before the Council. He stated that the program application, which goes out in January, clearly states the registration and boat-on-site requirements. They are reminded again in a letter in April when they are issued their site. Those in the Slip Program must register their boat by May 15 and have the registered boat physically moored at the slip on June 15. This year on June 15, 25% of the 88 Slip Site holders did not comply. They were sent a courtesy notice reminding them of the compliance regulations, (notice not required under the Code), giving them 14 days to comply, with final inspection to take place on June 29. All but four Slip Holders responded. The Council is being asked to consider two of the appeals this evening. The Docks and Commons Advisory Commission recommended denial of these two appeals. Norrine Forrest Ms. Forrest appeared before the Council at a previous meeting and also this evening. She apologized for not complying with the Code. Her boat lift was in need of repair and due to bad weather, her boat was not put in until June 30. Brown indicated that he did check the internet for the weather on June 29, and there were thunder storms occurring on that date. Osmek asked if there were receipts for the lift repair and was told there were not because Ms. Forrest's son performed the repair himself. The delay was due to him waiting for parts. MOTION by Specht, seconded by Brown to allow Ms. Forrest to retain her dock rights. She has attended two Council meetings and a Docks and Commons meeting in good faith, regarding her appeal and the weather circumstances on June 29th were beyond her control. All voted in favor. Motion carried. 6 -2825- Mound City Council Minutes - September 13, 2005 Denise Malarky Ms. Malarky was not in attendance at tonight's meeting. concerned about the appeal she should be here. Brown indicated that if she was MOTION by Brown, seconded by Osmek to affirm the decision to revoke Denise Malarky's dock permit. Discussion too place regarding the timeline on correspondence on this issue, plus the lack of evidence that her boat was in for repairs, thus not being put in water. MOTION by Osmek, seconded by Beise to table action on this appeal until the next Council meeting, with directive to Jim Fackler to obtain copies of receipts from the Ms. Malarky to document her boat repair. The following voted in favor: Specht, Beise, Osmek and Meisel. The following voted against: Brown. Motion carried. 11. Discussion and Request for directive re,qardin.q shoreland overlay reclulations and '1994 approval of City's flexibility request. Sarah Smith stated that due to inconsistency between approved shoreland regulations and DNR approvals granted in 1994, the City needs to implement approved DNR standards or submit a flexibility request per direction from DNR staff to allow minimum zoning lot standards as allowed in the R1A and R2 districts. Discussion followed with directive given to staff to request flexibility to continue. '12. Presentation of Andrews Sisters Walk-of-Fame Concept Tom Rockvam, 2670 Commerce Blvd., presented the history of the Andrews Sisters and their connections to Mound. He is requesting that a portion of the new Lost Lake Trail be named in their honor. Pam Myers, representing the Westonka Historical Society, also appeared to request the Council to help communicate the Andrews Sisters' connection to Mound. MOTION by Brown, seconded by Osmek to name the new trail in the Lost Lake District, the Andrews Sisters' Walk of Fame Trail. Meisel feels that there should be a design and concept plan and writing before making a decision, and also maybe this request should go to the Parks and Open Space Commission for their review before action is taken by the Council. Osmek agreed with this and withdrew his second to the motion. Motion died for lack of a second. MOTION by Brown, seconded by Beise to name the trail in the Lost Lake District, the Andrews Sisters' Walk of Fame Trail, with a plan to be submitted to the Parks Commission and City Council. Osmek suggested announcing that the City is actively pursuing this name and invite input from citizens. The following voted in favor of the motion: Brown and Beise. The following voted against: Specht, Osmek and Meisel. Motion fails. 7 -2826- Mound City Council Minutes - September 13, 2005 MOTION by Osmek, seconded by Specht to remand the suggestion for the naming of the trail in Lost Lake, to the Andrews Sisters' Walk of Fame Trail and ask the Historical Society to present a concept plan so that proper procedure can be followed. The following voted in favor: Specht, Beise, Osmek and Meisel. The following voted against: Brown. Motion carried. 14. Miscellaneous/Correspondence A. Questions and Comments from Councilmembers - Meisel reminded members of the meeting on September 30, with Peter Bell from the Met Council, also that a budget workshop has been set for October 18, 2005, at 7:00 p.m. B. Correspondence: Westonka Healthy Community Collaborative C. Reports: Liquor Store- August 2005 Finance Department - August 2005 15. Adjourn MOTION by Brown, seconded by Osmek to adjourn the meeting at 10:44 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 8 -2827- SEPTEMBER 27, 2005 CITY COUNCIL MEETING 091405SUE $5,143.22 SEPT 092105SUE $500.53 SEPT 092705SUE $987,442.76SEPT TOTAL -2828- CITY OF MOUND City of Mound 09/15/05 2:58 PM Page 1 Payments Batch Name 091405SUE Payments Current Period: September 2005 ii~;~ t:-~ User Dollar Amt $5,143.22 Computer Dollar Amt $5,143.22 Refer 91405 BUFFALO, CITY OF Cash Payment G 101-22801 Deposits/Escrow Invoice 091405 9/14/2005 Transaction Date 9/12/2005 Refer 91405 BUREAU OF CRIMINAL APPREHE Cash Payment E 609-49750-430 Miscellaneous Invoice P07980013966B 9/14/2005 $0.00 In Balance CASE #05-2394 WT #252074 HOUSER, W. $500.00 Wells Fargo 10100 Total $500.00 08-31-05 CRIME ALERT NETWORK $12.00 Transaction Date 9/12/2005 Wells Fargo 10100 Total $12.00 Refer 91405 HENNEPIN COUNTY TREASURER ............ ' ........... Cash Payment E 101-42400-300 Professional Srvs #19-117-23-22-0024 CONVEYANCE DEED $26.20 Invoice .091405 9/14/2005 Transaction Date 9/8/2005 Wells Fargo 10100 Total $26.20 Refer 91405 MOUND FIRE DEPARTMENT Cash Payment R 609-49750-37815 Other Merchandise -O 91 FISH FRY TICKETS $637.00 Invoice 091405 9/14/2005 Transaction Date 9/13/2005 Wells Fargo 10100 Total $637.00 Refer 91405 NEXTEL COMMUNICATIONS (FIRE Cash Payment E 222-42260-321 Telephone & Cells Invoice 091405 9/14/2005 Transaction Dale 9~8~2005 Refer 914~35 PEDERSON, GREG Cash Paym( Invoice 091405 Transaction Date G 101-22815 Lifeguard/Senior Fund 9/14/2005 9/12/2OO5 07-19-05 THRU 08-18-05 CELL PHONES $68.20 Wells Fargo 10100 Total $66.20 2005 MEDICAL REIMBURSEMENT $871.44 Wells Fargo 10100 Total $871.44 Refer 91405 SPEEDWA Y SUPERAMERICA (FIR Cash Paym~,~f E 222-42260-212 Motor Fuels Invoice 091405 9/14/2005 Transaction Date 9/15/2005 Refer 914~;,$ SPEEDWA Y SUPERAMERICA (P/W Cash Paym¢ -,t Invoice 091405 Cash Paymr,"'f Invoice 091405 Cash Payment Invoice 0914~5 Transaction ilJ~te E 101-43100-212 Motor Fuels 9/14/2005 E 601-49400-212 Motor Fuels 9/14/2005 E 602-49450-212 Motor Fuels 9/14/2005 9/9/2O05 THRU 08-26-05 GASOLINE CHARGES $387.90 Wells Fargo 10100 Total $387.90 THRU 08-26-05 GASOLINE CHARGES $1,207.10 THRU 08-26-05 GASOLINE CHARGES $762.91 THRU 08-26-05 GASOLINE CHARGES $670.47 Wells Fargo 10100 -2829- Cl'[ OF ~¢IOUND Fund S~.,mmary 101 GENERAL FUND 222 AF, A FIRE SERVICES 601 W.,: ER FUND 602 SE ,'/ER FUND 609 M~ r:ICIPAL LIQUOR FUND City of Mound 09/~5/05 2:56 PM Page 2 Payments Current Period: September 2005 10100 Wells Fargo $2,604.74 $456.10 $762.91 $670.47 $649.00 $5,143.22 Pre-Writu;n Check Checks ~ be Generated by the Compute Total $0.00 $5,143.22 $5,143.22 -2830- CITY OF MOUND City of Mound Payments 09/19/05 10:23 AM Page 1 Batch Name 092105SU E Payments Current Period: September 2005 User Dollar Amt $500.53 Computer Dollar Amt $500.53 $0.00 In Balance 09-05 UTILITY BILLINGS 09-05 UTILITY BILLINGS Refer 92105 MOUND POST OFFICE Cash Payment E 601-49400-322 Postage $131.06 Invoice 082105 9/21/2005 Cash Payment E 602-49450-322 Postage $131.06 Invoice 082105 9/21/2005 Transaction Date 9/19/2005 10100 Total $262 12wells Fargo Cash Payment G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $238.41 Invoice 092105 9/21/2005 Transaction Date 9/19/2005 Wells Fargo 10100 · Total $238 41 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $238.41 601 WATER FUND $131.06 602 SEWER FUND $131.06 $500.53 Pre-Written Check $0.00 Checks to be Generated by the Compute $500.53 Total $500.53 -2831 - CITY OF MOUND Batch Name 092705SUE Payments City of Mound 09/22/05 9:37 AM Page 1 Payments Current Period: September 2005 User Dollar Amt $987,442.76 Computer Dollar Amt $987,442.76 $0.00 In Balance Refer 92705 A-1 RENTAL OF LAKE MINNETONK Cash Payment E 675-49425-225 Landscaping Materials Invoice 25182 9/27/2005 Transaction Date 9/12/2005 Refer 92705 ALLIED WASTE SERVICES #894 DINGO WITH TRAILER $117.15 Wells Fargo 10100 Total $117.15 Cash Payment E 101-43100-384 Refuse/Garbage Dispos 08-05 GARBAGE SERVICE STREETS $22.83 Invoice 092705 9/27/2005 Cash Payment E 602-49450-384 Refuse/Garbage Dispos 08-05 GARBAGE SERVICE $19.90 Invoice 092705 9/27/2005 Cash Payment E 101-45200-384 Refuse/Garbage Dispos 08-05 GARBAGE SERVICE $437.79 Invoice 092705 9/27/2005 Cash Payment E 101-43100-384 Refuse/Garbage Dispos 08-05 GARBAGE SERVICE $39.32 Invoice 092705 9/27/2005 Cash Payment E 601-49400-384 Refuse/Garbage Dispos 08-05 GARBAGE SERVICE $39.32 Invoice 092705 9/27/2005 Cash Payment E 602-49450-384 Refuse/Garbage Dispos 08-05 GARBAGE SERVICE $39.33 Invoice 092705 9/27/2005 Transaction Date 9/12/2005 Wells Fargo 10100 Total $598.49 Refer 92705 AMERICAN PLANNING ASSOCIA TI Cash Payment E 101-42400-433 Dues and Subscriptions 2006 MEMBERSHIP DUES $260.00 Invoice 082627-090905 9/27/2005 PO 19222 Transaction Date 9/20/2005 Wells Fargo 10100 Total $260.00 Refer 92705 AMUNDSON, M. LLP Cash Payment E 609-49750-255 Misc Merchandise For R LIQUOR $865.92 invoice 187081 9/2712005 Transaction Date 9/20/2005 Wells Fargo 10100 Total $865.92 Refer 92705 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 463525612 9/27/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 463525612 9/27/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 463525612 9/27/2005 $104,59 $154.99 $231.04 Transaction Date 9/20/2005 Wells Fargo 10100 Total $490.62 Refer 92705 B & B SHEET METAL AND ROOFIN Cash Payment E 101-41910-401 Repairs/Maint Buildings 09-06-05 SERVICE CALL $727.50 Invoice 90605 9/27/2005 Transaction Date 9/13/2005 Wells Fargo 10100 Total $727.50 Refer 92705 BELLBOY CORPORATION Cash Payment E 609-49750-255 Misc Merchandise For R Invoice 40495500 9/27/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 34514400 9/27/2005 MERCHANDISE $27.60 LIQUOR $1,858.20 -2832- CITY OF MOUND City of Mound 09/22/05 9:37 AM Page 2 Payments Current Period: September 2005 Cash Payment E 609-49750-253 Wine For Resale Invoice 34514300 9/27/2005 Cash Payment E 609-49750-255 Misc Merchandise For R Invoice 40510700 9/27/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 34545700 9/27/2005 Cash Payment E 609-49750-255 Misc Merchandise For R Invoice 40511900 9/27/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 34525000 9/27/2005 Transaction Date 9/12/2005 WINE $1,493.70 MERCHANDISE $229.51 LIQUOR $420.50 MERCHANDISE $197.66 LIQUOR $2,285.41 Wells Fargo 10100 Total $6,512.58 Refer 92705 BERRY COFFEE COMPANY Cash Payment E 222-42260-430 Miscellaneous COFFEE Invoice 511686 9/27/2005 Transaction Date 9/22/2005 Wells Fargo $26.00 10100 Total $26.00 Refer 92705 BRUSS, RONALD Cash Payment G 101-23019 1546 Bluebird Ln #04-37 ~/ari CLOSE ESCROW #04-37 VARIANCE $189.25 Invoice 092705 9/27/2005 Transaction Date 9/20/2005 Wells Fargo 10100 Total $189.25 Refer 92705 BUSINESS FORMS AND ACCOUNT Cash Payment E 601-49400-203 Printed Forms UTILITY BILLS $546.17 Invoice 34968 9/27/2005 PO 19059 Cash Payment E 602-49450-203 Pdnted Forms UTILITY BILLS $546.16 Invoice 34968 9/27/2005 PO 19059 Transaction Date 9/12/2005 Wells Fargo 10100 Total $1,092.33 Refer 92705 CARQUESTOFNAVARRE Cash Payment E 601-49400-221 Equipment Parts AIR FILTER $44.82 Invoice N61592 9/27/2005 Cash Payment E 601-49400-221 Equipment Parts DISC PAD $38.65 Invoice N62005 9/2712005 Transaction Date 9/12/2005 Wells Fargo 10100 Total $83.47 Refer 92705 CA T AND FIDDLE BEVERAGE Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 41900 9/27/2005 Transaction Date 9/12/2005 Wells Fargo $200.00 10100 Total $200.00 Refer 92705 CHADWICK AND MERTZ Cash Payment Invoice 092705 Transaction Date E 101-41600-304 Legal Fees 9/27/2005 9/12/2005 08-05 PROSECUTION SERVICES Wells Fargo 10100 $7,003.50 Total $7,003.50 Refer 92705 CHIEFS POLICE ASSOC MINNESO Cash Payment E 101-42110-203 Printed Forms HANDGUN PERMITS TO PURCHASE Invoice 465 9/27/2005 PO 19128 Transaction Date 9/20/2005 WelLs Fargo 10100 Refer 92705 COCA COLA BOTTLING-MIDWEST Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 80983288 9/27/2005 $57.46 Total $57,46 $272.10 -2833- CITY OF MOUND Transaction Date 9/20/2005 City of Mound 09/22/05 9:37 AM Page 3 Payments Current Period: September 2005 Wells Fargo 10100 Total $272.10 Refer 92705 COMPUTER CHEQUE Cash Payment E 609-49750-400 Repairs & Maint Contract 08-05 CHECK VERIFICATION invoice 106850805 9/27/2005 Transaction Date 9/20/2005 Wells Fargo 10100 $54.50 Total $54.50 Refer 92705 CRETE WORKS, INCORPORATED Cash Payment E 601-49400-440 Other Contractual Servic 2426 COMMERCE SIDEWALK invoice 092705 9/27/2005 Transaction Date 9/12J2005 Wells Fargo 10100 $1,890.00 Total $1,890.00 Refer 92705 DAY DISTRIBUTING COMPANY Cash Payment invoice 330491 Cash Payment invoice 330492 Cash Payment Invoice 331469 Cash Payment Invoice 331470 Transaction Date E 609-49750-252 Beer For Resale BEER 9/27/2005 E 609-49750-252 Beer For Resale BEER 9/27/2005 E 609-49750-252 Beer For Resale BEER 9/27/2005 E 609-49750-252 Beer For Resale BEER 9/27/2005 9/20/2005 Wells Fargo 10100 Total $1,289.45 $23.95 $1,525.95 $53.0O $2,892.35 Refer 92705 EAST SIDE BEVERAGE Cash Payment Invoice 40274 Cash Payment Invoice 229189 Cash Payment Invoice 229188 Cash Payment invoice 229290 Transaction Date E 609-49750-252 Beer For Resale BEER 9/27/2005 E 609-49750-252 Beer For Resale BEER 9/27/2005 E 609-49750-252 Beer For Resale BEER 9/27/2005 E 609-49750-252 Beer For Resale BEER 9/27/2005 9/20/2005 Wells Fargo 10100 Total $87.00 $22.00 $2,945.90 $4,760.70 $7,815.60 Refer 92705 ESKEDAHL, SUSAN Cash Payment invoice 092705 Transaction Date G 101-23007 Erosion Control Escrow 9/27/2005 9/19/2005 RELEASE OF EROSION CONTROL Wells Fargo 10100 Total $500.00 $500.00 Refer 92705 EXTREME BEVERAGE Cash Payment invoice 341376 Transaction Date E 609-49750-254 Soft Drinks/Mix For Resa MIX 9/27/2005 9/9/2005 Wells Fargo 10100 Total $64.00 $64.00 Refer 92705 G & K SERVICES Cash Payment E 101-43100-218 Clothing and Uniforms Invoice 6566517 Cash Payment invoice 6566517 Cash Payment invoice 6566517 Cash Payment Invoice 6566517 9/27/2005 E 601-49400-218 Clothing and Uniforms 9/27/2005 E 602-49450-218 Clothing and Uniforms 9/27/2005 E 101-45200-218 Clothing and Uniforms 9/27/2005 09-13-05 UNIFORMS 09-13-05 UNIFORMS 09-13-05 UNIFORMS 09-13-05 UNIFORMS $50.22 $19.Ol $26.17 $8.73 -2834- CITY OF MOUND Cash Payment Invoice 6566517 Cash Payment Invoice 6566517 Cash Payment Invoice 6566517 Cash Payment Invoice 6566520 Cash Payment Invoice 6566521 Cash Payment Invoice 6566514 Cash Payment Invoice 6566519 Transaction Date City of Mound 09/22/05 9:37 AM Page 4 Payments Current Period: September 2005 10100 Total E 101-43100-230 Shop Materials 09-13-05 MATS 9/27/2005 E 601-49400-230 Shop Materials 09-13-05 MATS 9/27/2005 E 602-49450-230 Shop Materials 09-13-05 MATS 9/27/2005 E 101-45200-223 Building Repair Supplies 09-13-05 MATS 9/27/2005 E 101-41910-460 Janitorial Services 09-13-05 MATS 9/27/2005 E 609-49750-460 Janitorial Services 09-13-05 MATS 9/27/2005 E 101-42110-460 Janitorial Services 09-13-05 MATS 9/27/2005 9/21/2005 Wells Fargo $30.18 $3o.18 $30.18 $22.10 $128.81 $28.O2 $37,09 $410.69 Refer 92705 GRAPE BEGINNINGS, INCORPOR Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 7565 9/27/2005 Transaction Date 9/20/2005 Wells Fargo $445.00 10100 Total $445.00 Rear 92705 GRIGGS COOPER AND COMPANY Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 290090 9/27/2005 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 290089 9/27/2005 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 287547 9/27/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 287825 9/27/2005 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 287546 9/27/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE Invoice 674542 9/27/2005 Transaction Date 9/20/2005 Wells Fargo Refer 92705 HECKSEL MACHINE SHOP Cash Payment Invoice 61322 Cash Payment Invoice 61321 Transaction Date E 602-49450-221 Equipment Parts 9/27/2005 E 602-49450-221 Equipment Parts 9/27/2005 9/19/2005 $311.44 $1,274.91 $1,359.18 $1,405.97 $1,023.40 -$24.00 10100 Total $5,350.90 MISCELLANEOUS STEEL $114.81 WELD ALUMINUM Wells Fargo 10100 $18.00 Total $132.81 $1,323.11 Total $1,323.11 Refer 92705 HENNEPIN COUNTY SHERIFF'S A Cash Payment E 101-41600-450 Board of Prisoners 08-05 BOOKING FEE Invoice 766 9/27/2005 Transaction Date 9/19/2005 Wells Fargo 10100 Refer 92705 HOHENSTEINS, INCORPORATED Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 369161 9/27/2005 Transaction Date 9/20/2005 Wells Fargo $394.30 10100 Total $394.30 -2835- CITY OF MOUND Refer 92705 Cash Payment Invoice 092705 Cash Payment Invoice 092705 Cash Payment Invoice 092705 Cash Payment Invoice 092705 Cash Payment invoice 092705 Cash Payment Invoice 092705 Cash Payment Invoice 092705 Cash Payment Invoice 092705 Transaction Date City of Mound Payments 09/22/05 9:37 AM Page 5 Current Period: September 2005 08-05 GREENWAY PHASE TWO 08-05 MOUND VISIONS 08-05 4539 ISLANDVIEW DRIVE #05-42/43 08-05 MOUND HARBOR RENAISSANCE 08-05 #05-47/48/49 METRO PLAINS DEVEOPMENT 08-05 MISCELLANEOUS PLANNING 08-05 CTY RD 15 STREETSCAPE 08-05 MOUND HARBOR RENAISSANCE Wells Fargo 10100 Total $2,697.50 $2,770.50 $16.25 $16.25 $373.75 $117.75 $626.06 $1,511.00 $8,129.06 HOISINGTON KOEGLER GROUP, I E 401-46377-300 Professional Srvs 9/27/2005 E 455-46377-300 Professional Srvs 9127/2005 G 101-23060 4539 Islandview Dr #05-42/4 9/27/2005 G 101-22908 Mound Harbor Renaissance 9/27/2005 G 101-22855 MetroPlains Develop 00-64 9/27/2005 E 101-42400-300 Professional Srvs 9/27/2005 E 401-46377-300 Professional Srvs 9/27/2005 G 101-22908 Mound Harbor Renaissance 9/27/2005 9/21/2005 Refer 92705 IKON OFFICE MA CHINES Cash Payment E 101-42110-202 Duplicating and copying Invoice 23843481 9/27/2005 Transaction Date 9/8/2005 09-05 COPIER MAINTENANCE Wells Fargo 10100 Total $175.08 $175.08 Refer 92705 JOHNSON BROTHERS LIQUOR Cash Payment Invoice 1955854 Cash Payment Invoice 1955855 Cash Payment Invoice 1955856 Cash Payment Invoice 1958428 Cash Payment Invoice 1958429 Cash Payment Invoice 1958430 Cash Payment Invoice 1958431 Cash Payment Invoice 1958432 Cash Payment Invoice 1958433 Cash Payment Invoice 1955853 Transaction Date E 609-49750-253 Wine For Resale WINE 9/27/2005 E 609-49750-251 Liquor For Resale LIQUOR 9/27/2005 E 609-49750-253 Wine For Resale WINE 9/27/2005 E 609-49750-251 Liquor For Resale LIQUOR 9/27/2005 E 609-49750-253 Wine For Resale WINE 9/27/2005 E 609-49750-254 Soft Drinks/Mix For Resa MIX 9/27/2005 E 609-49750-251 Liquor For Resale LIQUOR 9/27/2005 E 609-49750-254 Soft Drinks/Mix For Resa MIX 9/27/2005 E 609-49750-253 Wine For Resale 9/27/2005 E 609-49750-251 Liquor For Resale 9/27/2005 9/12/2005 WINE LIQUOR Wells Fargo 10100 Total $768.93 $2,394.68 $1,538.87 $5,786.25 $2,959.23 $89.84 $973.43 $2O4.75 $268.75 $970.64 $t5,955.37 Refer 92705 LAKESHORE WEEKL Y NEWS Cash Payment E 609-49750-340Advertising Invoice 109738 9/27/2005 09-13-05 COLUMN AD $95.00 -2836- City of Mound 09/22/05 9:37 AM Page 6 //' Payments CITY OF MOUND Transaction Date 9/20/2005 Current Period: September 2005 Wells Fargo 10100 Total $95.00 Refer 92705 LEAGUE OF MINNESOTA CITIES Cash Payment Invoice 092705 Cash Payment Invoice 092705 Cash Payment Invoice 092705 Transaction Date E 101-43100-434 Conference & Training 9/27/2005 E 601-49400-434 Conference & Training 9/27/2005 E 602-49450-434 Conference & Training 9/27/2005 9/19/2005 Refer 92705 MARK VII DISTRIBUTOR Cash Payment E 609-49750-252 Beer For Resale Invoice 842404 9/27/2005 Cash Payment E 609-49750-252 Beer For Resale Invoice 842405 9/27/2005 Cash Payment E 609-49750-252 Beer For Resale Invoice 844927 9/27/2005 Cash Payment E 609-49750-252 Beer For Resale Invoice 839850 9/27/2005 Transaction Date 9/12/2005 Refer 92705 MCCOMBS FRANK ROOS ASSOCI Cash Payment Invoice 52479 Cash Payment Invoice 52480 Cash Payment Invoice 52481 Cash Payment Invoice 52482 Cash Payment Invoice 52483 Cash Payment invoice 52484 Cash Payment Invoice 52485 Cash Payment Invoice 52486 Cash Payment Invoice 52487 Cash Payment Invoice 52488 Cash Payment Invoice 52489 Cash Payment Invoice 52490 Cash Payment Invoice 52491 Cash Payment Invoice 52492 10-13-05 WORKSHOP 10-13-05 WORKSHOP 10-13-05 WORKSHOP Wells Fargo 10100 BEER BEER BEER BEER Wells Fargo 10100 08-05 2005 SEAL COAT PROJECT Project 06173 08-05 MISC BLDG ENGINEERING Project 08901 Total E 427-43121-300 Professional Srvs 9/27/2005 E 101-42400-300 Professional Srvs 9/27/2005 G 101-23008 2020 Commerce Parking Lot 08-05 INDIAN KNOLL PARKING LOT 9/27/2005 Project 11894 G 601-16300 Improvements Other Than BI 08-05 2355 CHATEAU WATERTOWER 9/27/2005 Project PW0506 G 101-22908 Mound Harbor Renaissance 08-05 MOUND HARBOR RENAISSANCE 9/27/2005 Project 12639 E 602-49450-300 Professional Srvs 08~05 MCES LIFT STATION 9/27/2005 Project PW0504 G 601-16300 Improvements Other Than BI 08-05 WELL/PUMPHOUSE $6.67 $1.67 $1.66 9/27/2005 E 401-46540-300 Professional Srvs 9/27/2005 G 101-22908 Mound Harbor Renaissance 9/27/2005 E 401-43104-300 Professional Srvs 9/27/2005 E 401-43100-300 Professional Srvs 9/27/2005 E 675-49425-300 Professional Srvs 9/27/2OO5 E 401-46540-300 Professional Srvs 9/27/2005 E 401-43103-300 Professional Srvs 9/27/2005 Total $10.00 $2,334.50 $57.60 $1,918.44 $3,746.50 Project PW0505 08-05 LOST LAKE GREENWAY Project 13566 08-05 MOUND HARBOR RENAISSANCE Project 13832 08-05 2004 STREET IMPROVEMENTS Project PW0501 08-05 2004 RETIANING WALL REPLACEMENT Project 14707 08-05 2005 STORM SEWER IMPROVEMENT Project PW0509 08-05 GREENWAY TRAIL BRIDGE Project 14999 08-05 2005 STREET RECONSTRUCTION Project PW0501 $8,057.04 $569.29 $76.50 $445.50 $4,788.90 $41.00 $792.00 $7,961.80 $255,00 $408.OO $1,123.00 $459,50 $1,626.OO $153.00 $36,784.40 -2837- CITY OF MOUND City of Mound 09/22/05 9,.37 AM Page 7 Payments Current Period: September 2005 Cash Payment G 601-16300 Improvements OtherThan BI 08-05 STANDPIPE DEVEN LANE $3,235.50 Invoice 52493 9/27/2005 Project PW0510 Cash Payment E 602-49450-300 Professional Srvs 08-05 LIFT STATION EVALUATION $4,620.00 Invoice 52494 9/27/2005 Project 15183 Cash Payment E 401-43110-300 Professional Srvs 08-05 2005 RETAINING WALL REPLACEMENT $9,757.10 Invoice 52495 9/27/2005 Project PW0502 Cash Payment G 101-23044 2156 Cardinal Ln #05-14 Sub 08-05 2156 CARDINAL #05-14 $102.00 Invoice 52496 9/27/2005 Project 15289 Cash Payment G 101-22908 Mound Harbor Renaissance 08-05 MOUND HARBOR RENAISSANCE $728.10 Invoice 52497 9/27/2005 Project 15324 Cash Payment E 101-42400-300 Professional Srvs 08-05 4712 RICHMOND ROAD EXTENSION $867.00 Invoice 52498 9/27/2005 Project 15375 Cash Payment E 455-46377-300 Professional Srvs 08-05 LANDSWAP RAILROAD TIF 1-2 $2,237.50 Invoice 52499 9/27/2005 Project 15382 Cash Payment E 675-49425-300 Professional Srvs 08-05 2006 STORM SEWER IMPROVEMENT $766.50 Invoice 52500 9/27/2005 Cash Payment E 101-43100-300 Professional Srvs 08-05 FORWARDED TO MOORE $357.00 Invoice 52501 9/27/2005 Transaction Date 9/21/2005 Wells Fargo 10100 Total $78,154.59 Refer 92705 METROPOLITAN COUNCIL ENVIR Cash Payment E 602-49450-388 Waste DisposaI-MCIS 10-05 WASTEWATER $42,762.78 Invoice 806311 9/27/2005 Transaction Date 9/12/2005 Wells Fargo 10100 Total $42,762.78 Refer 92705 MINNESOTA PLAYGROUND, INCO Cash Payment G 101-22806 Park Dedication Fee PLAY STRUCTURE $38,000.00 invoice 2005341 9/27/2005 PO 18916 Transaction Date 9/12/2005 Wells Fargo 10100 Total $38,000.00 Refer 92705 MINUTEMAN PRESS Cash Payment E 101-42110-350 Printing BUSINESS CARDS, T. HUGHES $30.77 Invoice 5940 9/27/2005 PO 19117 Transaction Date 9/20/2005 Wells Fargo 10100 Total $30.77 Refer 92705 MOORE, CARLTON Cash Payment E 101-43100-434 Conference & Training REIMBURSE APWA NTL CONFERENCE $83.30 Invoice 092705 9/27~2005 Cash Payment E 601-49400-434 Conference & Training REIMBURSE APWA NTL CONFERENCE $20.82 Invoice 092705 9/27/2005 Cash Payment E 602-49450-434 Conference & Training REIMBURSE APWA NTL CONFERENCE $20.82 Invoice 092705 9/27/2005 Transaction Date 9/20/2005 Wells Fargo 10100 Total $124.94 Refer 92705 MOUND FIRE RELIEF ASSOClA TIO Cash Payment E 895-49990-124 Fire Pens Contrib 09-05 FIRE RELIEF $9,883.33 Invoice 092705 9/27/2005 Transaction Date 9/21/2005 Wells Fargo 10100 Total $9,883.33 Refer 92705 MOUND MARKETPLACE LLC Cash Payment E 609-49750-412 Building Rentals 10-05 COMMON AREA MAIANTENANCE $850.00 Invoice 092705 9/27/2005 Transaction Date 9/19/2005 Wells Fargo 10100 Total $850.00 -2838- City of Mound 09/22/05 9:37 AM Page 8 Payments CITY OF MOUND Refer 92705 MOUND, CITY OF Cash Payment Invoice 092705 Cash Payment Invoice 092705 Transaction Date Current Period: September 2005 E 222-42260-500 Capital Outlay FA 9/27/2005 E 609-49750-382 Water Utilities 9/27/2005 9/13/2005 99 CHEV BLAZER #1012-TFS 09-05 WATER/SEWER Wells Fargo 10100 $4,000.00 $23.49 Total $4,023.49 Refer 92705 NEOPOST Cash Payment E 101-41910-400 Repairs & Maint Contract 10-03-05 THRU 10-03-06 MAINTENANCE Invoice 42071184 9/27/2005 Transaction Date 9/12/2005 Wells Fargo 10100 $544.50 Total $544.50 Refer 92705 NORTON, PETER Cash Payment G 101-22980 2354 Wilshire Norton #04-"05 CLOSE ESCROW VARIANCE #04-05 Invoice 092705 9/27/2005 Transaction Date 9/19/2005 Wells Fargo 10100 $500,00 Total $500.00 Refer 92705 OFFICE DEPOT Cash Payment E 101-41310-200 Office Supplies Invoice 304712977-001 9/27/2005 Cash Payment E 101-41500-200 Office Supplies Invoice 304712977-001 9/27/2005 Cash Payment E 101-42400-200 Office Supplies invoice 304712977-001 9/27/2005 Cash Payment E 101-45200-200 Office Supplies Invoice 304712977-001 9/27/2005 Cash Payment E 101-43100-200 Office Supplies Invoice 304712977-001 9/27/2005 Cash Payment E 609-49750-200 Office Supplies Invoice 304712977-001 9/27/2005 Cash Payment E 601-49400-200 Office Supplies Invoice 304712977-001 9/27/2005 Cash Payment E 602-49450-200 Office Supplies Invoice 304712977-001 9/27/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 304712937-001 9/27/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 303092083-001 9/27/2005 Cash Payment E 101-43100-200 Office Supplies invoice 303092083-001 9/27/2005 Cash Payment E 601-49400-200 Office Supplies Invoice 303092083-001 9/27/2005 Cash Payment E 602-49450-200 Office Supplies Invoice 303092083-001 9/27/2005 Cash Payment E 101-42110-200 Office Supplies invoice 304241758-001 9/27/2005 PO 19119 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES PENS CAMERA WITH BAG CAMERA WITH BAG CAMERA WITH BAG CAMERA WITH BAG INK JET CARTRIDGE,ETC $19.99 $19.99 $19.99 $19.99 $19.99 $6.67 $13.33 $13.33 $10.27 $91.99 $91.99 $91.99 $91.98 $73.27 Transaction Date 9/21/2005 Wells Fargo 10100 Total $584.77 Refer 92705 ONE CALL CONCEPTS, INCORPO Cash Payment E 601-49400-395 Gopher One-Call 08-05 LOCATES $176.17 Invoice 5080583 9/27/2005 -2839- CITY OF MOUND Cash Payment Invoice 5080583 Transaction Date City of Mound 09~22~05 9:37 AM Page 9 Payments Current Period: September 2005 E 602-49450-395 Gopher One-Call 08-05 LOCATES $176.18 9/27/2005 9/12/2005 Wells Fargo 10100 Total $352.35 Refer 92705 PAUSTIS AND SONS WINE COMPA Cash Payment E 609-49750-253 Wine For Resale WINE $2,147.74 Invoice 8080999 9~27~2005 Cash Payment E 609-49750-253 Wine For Resale WINE $982.62 Invoice 6081532 9/27/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $20.95 Invoice 8081533 9/27/2005 Transaction Date 9/12/2005 Wells Fargo 10100 Total $3,151.31 Refer 92705 PERRY'S TRUCK REPAIR Cash Payment E 101-42110-404 Repairs/Maint Machinery 07-18-05 TOW $159.75 Invoice 11172 9/27/2005 PO 19134 Transaction Date 9/20/2005 Wells Fargo 10100 Total $159.75 Refer 92705 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $335.30 Invoice 2238824 9/27/2005 Cash Payment E 609.49750-253 Wine For Resale WINE $3,503.40 Invoice 2238825 9/27/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$103.95 Invoice 3324385 9/27/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $85.00 Invoice 2240843 9~27~2005 Cash Payment E 609-49750-253 Wine For Resale WINE $597.20 invoice 2240844 9~27~2005 Transaction Date 9/12/2005 Wells Fargo 10100 Total $4,416.95 Refer 92705 POLICE TRAINING ADVISORY CO Cash Payment E 101-42110-434 Conference & Training 10-25-05 LEGAL ISSUES, PETZ $40,00 Invoice 6069 9/27/2005 PO 19123 Cash Payment E 101-42110-434 Conference & Training 10-25-05 LEGAL ISSUES, SCHWALBE $40.00 Invoice 6070 9/27/2005 PO 19123 Cash Payment E 101-42110-434 Conference & Training 10-25-05 LEGAL ISSUES, WIEBUSCH $40.00 Invoice 6071 9/27/2005 PO 19123 Cash Payment E 101.42110-434 Conference & Training 10-06-05 ONLINE iNVESTIGATION,MCKINLEY $100.00 Invoice 6084 9/27/2005 PO 19124 Cash Payment E 101.42110-434 Conference & Training 10-06-05 ONLINE INVESTIGATION,NICCUM $100.00 invoice 6085 9/27/2005 PO 19124 Transaction Date 9/12/2005 Wells Fargo 10100 Total $320.00 Refer 92705 QUALITY WINE AND SPIRITS Cash Payment E 609-49750-253 Wine For Resale WINE $855,36 Invoice 603673-00 9/27/2005 Cash Payment E 609-49750-253 Wine For Resale LIQUOR $375.97 Invoice 603228-00 9/27/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $107.00 Invoice 600777-00 9/27/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $344.52 Invoice 600810-00 9/27/2005 -2840- CITY OF MOUND City of Mound Payments 09/22/05 9:37 AM Page 10 Current Period: September 2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $544.97 Invoice 600606-00 9/27/2005 Transaction Date 9/20/2005 Wells Fargo 10100 Total $2,227.82 Refer 92705 RA Y ALLEN MANUFACTURING CO Cash Payment E 101-42110-430 Miscellaneous CANINE BARRELL SLEEVE $124.95 Invoice 203315 9/27/2005 PO 19121 Transaction Date 9/20/2005 Wells Fargo 10100 Total $124.95 Refer 92705 ROSTI CONSTRUCTION OF MINNE Cash Payment E 401-43100-300 Professional Srvs RETAINING WALL REPLACEMENT $1,350.00 Invoice 99013 9/27/2005 Project PW0502 Transaction Date 9/21/2005 Wells Fargo 10100 Total $1,350.00 Refer 92705 SCHARBER AND SONS Cash Payment E 101-45200-409 Other Equipment Repair IGNITION MODULE $135.65 Invoice 31043 9/27/2005 Transaction Date 9/12/2005 Wells Fargo 10100 Total $135.65 Refer 92705 STEFFEN, DEAN Cash Payment R 601-49400-36200 Miscellaneous Revenu REFUND WATER/SEWER $38.29 Invoice 092705 9/27/2005 Transaction Date 9/19/2005 Wells Fargo 10100 Total $38.29 Refer 92705 STREICHER'S Cash Payment E 101-42110-218 Clothing and Uniforms GLOCK MAGAZINE CLIP $18.64 Invoice 1292154 9/27/2005 PO 19129 Transaction Date 9/20/2005 Wells Fargo 10100 Total $18.64 Refer 92705 STS CONSULTANTS Cash Payment E 101-42400-300 Professional Srvs THRU 08-06-05 PHAS II ESA AUDITORS RD $4,676.36 Invoice 274703 9/27/2005 Transaction Date 9/12/2005 Wells Fargo 10100 Total $4,676.36 Refer 92705 THORPE DISTRIBUTING COMPAN Cash Payment E 609-49750-252 Beer For Resale BEER $104.25 Invoice 386017 9/27/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $2,588.25 Invoice 386018 9/27/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $455.50 Invoice 39311 9/27/2005 Transaction Date 9/20/2005 Wells Fargo 10100 Total $3,148.00 Refer 92705 TOTAL REGISTER SYSTEMS, INC. Cash Payment E 609-49750-440 Other Contractual Servic 10-22-05 THRU 10-22-06 MAINTENANCE $2,320.00 AGREEMETN invoice 18822 9/27/2005 Transaction Date 9/20/2005 Wells Fargo 10100 Total $2,320.00 Refer 92705 TROPHIES BY LINDA Cash Payment E 101-42110-430 Miscellaneous PLAQUES $33.02 invoice 14518 9/27/2005 PO 19125 Transaction Date 9/20/2005 Wells Fargo 10100 Total $33.02 Refer 92705 TRUE VALUE, MOUND -2841 - CITY OF MOUND City of Mound 09/22/05 9:37 AM Page 11 Payments Current Period: September 2005 Cash Payment E 101-43100-221 Equipment Parts MISCELLANEOUS SUPPLIES $45.27 Invoice 092705 9/27/2005 Cash Payment E 101-43100-226 Sign Repair Materials MISCELLANEOUS SUPPLIES $9.03 Invoice 092705 9/27/2005 Cash Payment E 101-43100-218 Clothing and Uniforms MISCELLANEOUS SUPPLIES $5.94 Invoice 092705 9/27/2005 Cash Payment E 609-49750-210 Operating Supplies MISCELLANEOUS SUPPLIES $13.80 Invoice 092705 9/27/2005 Cash Payment E 602-49450-221 Equipment Parts MISCELLANEOUS SUPPLIES $12.76 Invoice 092705 9/27/2005 Cash Payment E 101-45200-220 Repair/Maint Supply MISCELLANEOUS SUPPLIES $43.03 Invoice 092705 9/27/2005 Cash Payment E 601-49400-220 Repair/Maint Supply MISCELLANEOUS SUPPLIES $34.90 Invoice 092705 9/27/2005 Cash Payment E 101-45200-232 Landscape Material MISCELLANEOUS SUPPLIES $47,90 Invoice 092705 9/27/2005 Cash Payment E 602-49450-220 Repair/Maint Supply MISCELLANEOUS SUPPLIES $49.55 Invoice 092705 9/27/2005 Cash Payment E 101-43100-220 Repair/Maint Supply MISCELLANEOUS SUPPLIES $39.67 Invoice 092705 9/27/2005 Cash Payment E 101-43100-230 Shop Materials MISCELLANEOUS SUPPLIES $75.88 Invoice 092705 9/27/2005 Cash Payment G 101-22801 Deposits/Escrow MISCELLANEOUS SUPPLIES $70.92 Invoice 092705 9/27/2005 Transaction Date 9/8/2005 Wells Fargo 10100 Total $448.65 Refer 92705 V & S JEWELERS Cash Payment E 101-42110-430 Miscellaneous REAGAN PLAQUE $15,98 Invoice 092705 9/27/2005 PO 19135 Transaction Date 9/20/2005 Wells Fargo 10100 Total $15.98 Refer 92705 VEIT AND COMPANY, INCORPORA Cash Payment E 475-46386-500 Capital Outlay FA THRU 09-17-05 DUMP REMEDICATION $689,853.90 Invoice 50538.2 9/27/2005 Transaction Date 9/21/2005 Wells Fargo 10100 Total $689,853.90 Refer 92705 WASTE MANAGEMENT- TC WEST Cash Payment E 670-49500-440 Other Contractual Servic 08-05 CURBSIDE RECYCLING $8,326.48 Invoice 1168833-1593-3 9/27/2005 Cash Payment E 670-49500-440 Other Contractual Servic 09-05 CURBSIDE RECYCLING $8,326.48 Invoice 1177613~1593-8 9/27/2005 Transaction Date 9/13/2005 Refer 92705 WEST HENNEPIN PUBLIC SAFETY Cash Payment E 101-42110-321 Telephone & Cells Invoice 092705 9/27/2005 PO 19126 Transaction Date 9/20/2005 Wells Fargo 10100 Total $16,652.96 ANNUAL CHAPLAIN PAGER FEE $28.15 Wells Fargo 10100 Total $28.15 Refer 92705 WESTONKA BUS SERVICE Cash Payment E 101-41110-430 Miscellaneous Invoice 132 9/27/2005 Transaction Date 9/20/2005 08-24-05 BUS SERVICE Wells Fargo 10100 $153,60 Total $153.60 -2842- CITY OF MOUND City of Mound Payments 09/22/05 9:37 AM Page 12 Current PeriOd: September 2005 Refer 92705 WIDMER CONSTRUCTION, LLC Cash Payment E 601-49400-440 Other Contractual Se~vic 08-08-05 CURBSTOP Invoice 1086 9/27/2005 Cash Payment E 675-49425-440 Other Contractual Servic CLEANED DITCHES Invoice 1084 9/27/2005 Transaction Date 9/19/2005 Wells Fargo 10100 $660.00 $1,072.50 Total $1,732.50 Refer 92705 WINE MERCHANTS Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 134839 9/27/2005 Transaction Date 9/20/2005 Wells Fargo $677.75 10100 Total $677.75 Refer 92705 WOYTCKE, DENNIS E. Cash Payment E 222-42260-434 Conference & Training Invoice 092705 9/27/2005 Transaction Date 9/19/2005 03-26-04 FIRE INVESTIGATION Wells Fargo 10100 $1.36 Total $1.36 Refer 92705 XCEL ENERGY Cash Payment Invoice 092705 Cash Payment invoice 092705 Cash Payment Invoice 092705 Cash Payment Invoice 092705 Cash Payment Invoice 092705 Transaction Date E 101-41910-381 Electric Utilities 9/27/2005 E 101-43100-381 Electric Utilities 9/27/2005 E 101-42115-381 Electric Utilities 9/27/2005 E 101-43100-381 Electdc Utilities 9/27/2005 E 602-49450-381 Electdc Utilities 9/27/2005 9/19/2005 08-03-05 THRU 09-02-05 #51-4802601-1 #51-6002836-0 STREET LIGHTS #51-6002835-9 SIRES #51-6002833-7 STREET LIGHTS #51-6002837-1 $5,351.57 $247.31 $22.17 $2.14 $2,131.28 Wells Fargo 10100 Total $7,754.47 -2843- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 401 GENERAL CAPITAL PROJECTS 427 SEAL COAT FUND 455 TIF 1-2 475 TIF 1-3 Mound Harbor Renaissan 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND 895 FIRE RELIEF FUND City of Mound Payments 09/22/05 9:37 AM Page 13 Current Period: September 2005 10100 Wells Fargo $67,232.71 $4,027.36 $53,205.56 $569.29 $5,0O8.O0 $689,853.90 $19,631.52 $51,466.89 $66,329.09 $16,652.96 $3,582.15 $9,883.33 $987,442.76 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $987,442.76 $987,442.76 -2844- Engineering · Planning o Surveying September 19, 2005 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnsota 55364 SUBJECT: City of Mound Well 8 Pumphouse Partial Payment MFRA #13313 Dear Ms. Hanson: Enclosed is Magney Construction's Payment Request No. 6 for work completed through August 31, 2005 on the subject project. The amount of this payment request is $68,566.25. We have reviewed this request, find it in order, and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact me. Sincerely, MI:~A Robert Dehler, P.E. CC: Carlton Moore, City of Mound Gino Businaro, Finance Director Enclosure s :Xmain:Wlou 13 313\corresXHansonPart~pay9-19 An Equal Opportunity Employer 14800 28th Avenue North, Suite 140 · Plymouth, Minnesota · 55447 -2845- phone 763/476-6010 · fax 763/476-8532 · e-mail: mfra@mfra.com APPLICATION FOR PAYMENT NO. 6 To: City. nf Mound (OWNER) From: Mac. ney ~ontnw. ticm: IncA401 Park Road, Chanhassen, MN 55317 (CONTRACTOR) Contract: General Congtmefion Project: Well No g Pure? l-lmme OWNER's Contract No. ENGINEER' s Project No. 13313 For Work accomplished through the date of: g/g 1/05 1.) Original Contract Price: 2.) Net change by Change Orders/Written Amendments (+-) 3.) Current Contract Price (1 plus 2): 4.) Total completed and stored to date: 5.) Retainage (per Agreement): 5 % of completed work $ 31,22a.~ 5 % of stored material: .q; 0_00 Total Retainage: 6.) Total completed and stored to date less retainage (4-5) 7.) Less previous Application for Payments: 8.) DUE THIS APPLICATION (6-7) $ 728,500.00 $ (79,499.01) $ fi49..0110.99 $ 624,567.60 .~ '~ 1 ;22R.3R $ 593,339.22 Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through 6 inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (expect such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. ===.~=============================:c==- Magney Construction, Inc (contractor) Dated: Aneugt 31 2005 ~[ "".(~.,..~ ,~,, co.,,, ,x,.,o, 0.,,. a,. ;0,0t Mark Magney. Pre State of /~[Nt~/E50 7-/q county or Subscribed and sworn to before me this /,~ day of f~,DP . 2004. My Commission expires: t~V3 V Payment of the above AMOUNT DUE THIS APPLICATION is recommended. City of Mound (Owner) By. MFRA. Inc.(Engineer) Date By RI0~f}~ -2846- Z 0 0 00o 0 -2848- 00000 ...... O0 oooo- s'~', ZZZZZ ~ ~ 0~0~0000~ ~ 00000000000 ~ 0 ~0 I 0 ~ ~ ~00000 o~ ~ O000~00000 ~ ~0000~00000 '~0 0 ? "0 0 APPLICATION FOR PAYMENT NO. 6 To: Ciw. of Mound (OWNF. R) From: Magney Cnntnmtlnn: Inc. 1401 Park Road, Chanhassen, MN 55317 (CONTRACTOR) Contract: General Cnnstmction Project: Well Nn 8 Pump lqnu,qe OWNER's Contract No. ENGINEER's Project No. 13313 For Work accomplished through the date of: 8/31/05 1.) Original Contract Price: 2.) Net change by Change Orders/Written Amendments (+-) 3.) Cun'ent Contract Price (1 plus 2): 4.) Total completed and stored to date: 5.) Retainage (per Agreement): 5 % of completed work $ 3_1.,2282fl 5 % of stored material: .~ 0.00 Total Retainage: 6.) Total completed and stored to date less retainage (4-5) 7.) Less previous Application for Payments: 8.) DUE THIS APPLICATION (6-7) $ 728,500.00 $ (79,499.01) $ 649;000.09 $ 624,567.60 593,339.22 5~4:772_07 Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through 6 inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (expect such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. Dated: Aummt 31_ ~2OOS Magney Construction, Inc (contractor) ~ '~"..~.n..'~ ~,,o~ ~.,~. a,. ~o,0 ~ Pre ....... ......................... _agney state of 7'/:t County of Subscribed and sworn to before me this ~ day of .~'~7~ , 2004, ~ ctacrYoo Public ~ ~ y ommission expires: E9 7_fl 7 Payment of the above AMOUNT DUE THIS APPLICATION is recommended. City of Mound (Owner) By. ~M&R~ In~neer) Date By -2849- ~ ~ ~ ~00~0~ ~00 ~ ~ ~ ~ ~ ~ 0~0 ~ 0 ~ ~ ~ ~ ~ ~ ~00 ~ ~ °° m ~ o~oo~oo~o~o~oo~oooooo~oo~ooooo~o 0~000000000~ 0 O0000000000 O0000000 O0 0~000000000~0000000000000000000000 o~ 0 oooooooooooooooooo~~ooooooooooooo -2851 - 00000 0~0~0000~ o~ APPLICATION FOR PAYMENT NO. 6 To: City. of Mmmd (OWNER) From: Magx~ey Contraction: lna_1401 Park Road, Chanhassen, MN 55317 (CONTRACTOR) Contract: General Con.qtmction Project: Well No R Pump lqou.qe OWNER's Contract No. ENGINEER's Project No. 13313 For Work accomplished through the date of: R/31/05 1.) Original Contract Price: 2.) Net change by Change Orders/Written Amendments (+-) 3.) Current Contract Price (1 plus 2): 4.) Total completed and stored to date: 5.) Retainage (per Agreement): 5 o/~ of completed work $ 3_L228-t8 5 % of stored material: ~ 0.00 Total Retainage: 6.) Total completed and stored to date less retainage (4-5) 7.) Less previous Application for Payments: 8.) DUE THIS APPLICATION (6-7) $ 728,500.00 $ (79,499.01) $ 649;000.99 $ 624,567.60 593,339.22 5~24:772_07 Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received fi.om OWNER on account of Work done under the Contract referred to above have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through 6 inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (expect such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. Dated: An~u.qt 31_ 2005 Magney Construction, Inc (contractor) · ....... .~.~ ............................ Mark Magney Pre State of M/N/IdE5~ 7-A county of Subscribed and sworn to before me this /?v- day of~, 2004. My Commission expires: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. City of Mound (Owner) By. -2852- (D z 0 C o 0 -2854- 000 ~ _ ZZZZZ ~ ~88g ~ 0 ~ O~ 0000 ~ ~ 0 ~0 o~ 0 0 BARR Bart Engineering Company 4700 West 77th Street o Minneapolis, MN 55435-4803 Phone: 952-832-2600 - Fax: 952-832-2601 · www. barr. com An EEO Employer Minneapolis, MN · Hibbing, MN - Duluth, MN · Ann Arbor, MI · Jefferson City, MO September 20, 2005 Carlton Moore Public Works Director City of Mound 5341 Maywood Road Mound, MN 55364 Re: Veit Application for Payment #2 Response Actions at Lost Lake Dump and Maxwell Properties City Project No. PW-05-11 Dear Mr. Moore: On September 20, 2005, Ban' received an Application for Payment #2 (Application No. 50538.2) from Veit & Company, Inc. (Veit) under their agreement with the City of Mound for the Response Actions at Lost Lake Dump and Maxwell Properties; City project number PW-05-11. Our review of Veit's application for payment indicates that it reflects the work completed through September 17, 2005, and therefore we recommend payment as shown on the enclosed Application for Payment #2. Please call Don Richard at (952) 832-2732 or me at (952) 832-2690 if you have any questions in this regard. Bart Engineering Co. -2855- il -2856- -2857- 5341 Maywood Road Mound, MN 55364 (952) 472-319o MEMORANDUM To: Honorable Mayor and City Council From: Cadton Moore, Public Works Director Jim Kurtz, Police Chief Date:- September 27;-20(35 Subject: Request for parking changes on Bluebird Lane Background The City has received a petition from the residents who live on Bluebird Lane to change the UNo Parking" restrictions from the West side of the street to the East side of the street, In , the City Council adopted a City-wide parking plan in which all North --South streets are poSted "No Parking" on the West side of the street. Changes to that plan require City Council approval. Staff met with the initiator of the petition to determine the reasons for the residents request. The three residents on the East side of the street all have adequate off street parking for guests where the WeSt side does not. All the residents agreed that they would prefer the parking be allowed on the West side of the street as they and their guests are the pdmary usem of on-street parking. This would allow guests to park adjacent to the residents they are visiting and would not potentially block or inconvenience the neighbors on the East side of the street. The Public Works director and the Police Chief have reviewed the request and looked at the conditions in the field and have no objections to the request. Recommendation Staff recommends the City Council authorize the removal of the "No Parking" restriction on the West side of Bluebird Lane North of Three Points Boulevard and establishing "No Parking" restrictions on the East side of the street. -2858- Street Parking Bluebird Lane, Mound MN 55364 We the undersigned, residents on Bluebird Lane, north of Three Points Blvd, request that the No Parking restriction be moved to the East Side of the Street. That being the same side as the new Fire Itydrant Location. ,Name, Address -2859- Friday, September 09, 2005 2630 Setter Circle Mound, MN 55364 Kandis Hanson City Manager 5341 Maywood Road Mound, MN 55364 Dear Kandis: Once the City of Minnetrista finishes the old railroad trestle improvements on Westedge Blvd., we will once again see a residential road with much more traffic and dangerous traffic for people walking their pets or simply walking themselves. This road near the lift station is like a raceway. It is common for traffic to exceed the posted speed limits and create risky situations for persons walking near the curve at Halstead lane. This road invites speed since it has challenging curves and nothing making traffic stop. The weeds on the north side of Westedge blvd near the curve at Halsteads also presents a hazard for traffic because it limits the line of site. Who is responsible for the cutting of these weeds? I urge you to take whatever steps are necessary to get two new stop signs installed at the intersection of Halstead and Westedge Blvd. This will stop traffic at that juncture, thereby reducing the speed and the dangerous situation that is present there. There is already a stop sign for the north bound Halstead lane travelers and adding two more for the east and west bound traffic would create an all stop intersection. Thank You. Sincerely, Joe Bruns -2860- JAMES E. KURTZ Chief of Police MOUND POLIC E 2415 Wilshire Blvd. Mound, MN 55364 Telephone (952) 472-0621 Dispatch (763) 525-6210 Fax (952) 472-0656 EMERGENCY 911 September 11, 2005 Mr. Joe Bruns j.--~" '-.~ 2630 Setter Circle Mound, MN 55364 / Dear Mr. Bruns, This letter is a follow-up to ~-o'~-r~ i~t~i: '{~""ol~'y Manager '~a~n'6l'i-~-;lClanson regarding stop signs on Westedge Boulevard dated September 30, 2005. You've requested the city to mstall:.a:sto~p?~gn:at WeStedge..Boulev~d and Halstead Lane due to traffic concerns as a res~ dr: trogl improvements at the railroad trestle. The Westedge railroad street prQec~"nof?~hed.uled to be ~ompleted until mid-October. It would be premature to look at ~he .h[feot~"0f ~affic on-thee;street until the prQect is completed. Our department will conduct a traffic surv'Oy on the street, weather permitting, when the road project is completed. If the v~ea. th~? d0e~ not cooperate, the'~survey may not be able to be completed until spring ....... ~ :--_..?, . ::.:. . ..~;~.: . Sir~erely, Chief of Police Cc~ City Manager Kandis Hanson City Council packets -2861 - 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: September 21,2005 Re: Park and Trail Improvements Acceptance -Village by the Bay MetroPlains has submitted a request for acceptance of the park and trail improvements in the Village by the Bay subdivision in accordance with Section 26 of the Subdivision Agreement. Staff has been working cooperatively with MetroPlains on this project and recommends acceptance of the park and trail improvements subject to conditions including submittal of a escrow agreement to cover a few minor field modifications. Members of the Council are advised that a draft resolution has been prepared for review and consideration by the City Council. -2862- CITY OF MOUND RESOLUTION #05- A RESOLUTION ACCEPTING THE PARK AND TRAIL IMPROVEMENTS IN OUTLOT B AND OUTLOT C IN THE VILLAGE BY THE BAY SUBDVISION WHEREAS, MetroPlains, developer of the Village by the Bay residential subdivision, has requested that the City of Mound formally accept the park and trail improvements in Outlot B and Outlot C in accordance with Section 26 of the Subdivision Agreement dated January 9, 2002; and WHEREAS, Staff has conducted a final inspection of the subject property and recommends that the park and trail improvements be accepted subject to the following conditions: MetroPlains shall be responsible for removal of all temporary signage, flag poles, etc. associated with marketing of the project within 6 months after project build out. Preparation of escrow agreement associated with replanting of 1-2 trees, replacement of the involved portion(s) of the concrete pad in Weiland Park and minor field modifications on the trail in cooperation with City of Mound Staff. Submittal of all required information as set forth in Section 26 of the Subdivision Agreement following acceptance of the trail improvements and outlots. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota to hereby accept the park and trail improvements in Outlot B and Outlot C in the Village by the Bay major subdivision. The foregoing resolution was moved by Councilmember Councilmember and seconded by -2863- The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted by the City Council on September 27, 2005 Mayor Pat Meisel Attest: City Clerk Bonnie Ritter -2864- ,SEP, 6,2005 IO'03AM METRO. PLA[NS N0.309 P, 1 METRO"P ' ~I[¥~LOPMENT · I~ILOPBRTIE$ ' MAi'~ ,eleMENT Facsimile To: Sarah Smith Prom: LaVeme Hanson Jr., AIA 1600 University Ave Suite 212 St. Paul, MN 55104-3825 Office 651-646-7848 Direct 651-523-1:245 FAX 651-646-8947 Ihanson~metroplains.com Company: City of Mound DID: Fax: 952 472 0620 Pages: 3 Phone:. 952 472 3190 Date: September 6, 2005 Re: ~gBB release ofparks to the City of Mound. sar As requested attached is the letter sent oI~ August 23, 2005 addressing the outstanding items as it relates to ,the remover of the parks to the city at VBB. : A~ of Friday September 2, 2005 all the items are complete and the turnover should become offi. ,qal. Can you put us on the agenda for the City Council approval and formal tra,,fer7 IF we do not have to have formal approval then,.let me know how the city will provide acceptance of the transfer. L~t me know. thanks. ~~~LaV~ne Ha2s~n Jr,, AIA 1600 University Ave Suite 212 St. Paul, MN 55104-3825 Office 651-646-7848 Direct 651-523-124S FAX 651-646-8947 Ihansoni~'netroplains.com O[:~C1E 65L646.7848 · I~AX: 6SL6~5,$SA7 · 1,TEB: www.met~epIalns.eom * ~.600 U~[ve~sR7 Avenue #212 · St. 'atfl, ~ 55104-~25 -2865- CITY OF MOUND RESOLUTION # 05- A RESOLUTION EXTENDING THE TIMELINE FOR RECORDING OF THE FINAL PLAT FOR THE VILLAS ON LOST LAKE PLANNING CASE #05-58 PID # PID# PID # 13-117-24-34-0063 13-117-24-33-0069 13-117-24-34-0075 WHEREAS, the City Council approved the Final Plat application submitted by Mound Harbor Renaissance Development, L.L.C (MHRD) for a mixed-use development project called Villas on Lost Lake to include (37) townhomes and a 12,500 SF commercial / retail building on August 8, 2005; and WHEREAS, City Code Chapter 330.35 (A) of the Subdivision Ordinance states as follows: "The subdivider shall, if the final plat is signed by the Mayor and City Manager, record the final plat with the County Recorder or the Registrar of Titles within 60 days after signing. Any final plat not filed and recorded within 60 days of the date of the Council resolutions approving the final plat, or within 60 days after the plat is considered approved by reason of the City Council's failure to act on final approval as required by state law, shall become null and void unless the City Council, prior to the expiration of such period, has approved an extension to the 60 day timeline"; and WHEREAS, the deadline for recording of the Final Plat by MHRD is on or before October 6, 2005; and -2866- WHEREAS, MHRD has submitted a request for a 60-day extension pursuant to City Code Chapter 330.35 (A) so as to allow completion of the soils remediation project on the subject site as well as remaining issues as set forth in the Contract for Private Development; and WHEREAS, Staff recommended approval of the 60-day extension request. NOW THEREFORE BE IT RESOLVED that the City Council does hereby approve a 60- day extension for the recording of the Final Plat for the Villas of Lost Lake as allowed in City~;-odedS-hapter 330.~35~A).: Adopted by the City Council this 27th day of September, 2005 Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk 2 -2867- EXHIBIT A -2868- Page 1 of 1 Sarah Smith From: To: Sent: Subject: "alcon" <alcon@usinternet.com> "Sarah Smith" <SarahSmith@cityofmound.com>; "David Newman" <Dave@bancorgroup.com> Tuesday, September 20, 2005 3:00 PM Re: Request for Extension / How Much Time Sarah-- In response to this request, MHRD requests that an additional 60 day extension be authorized to file the Final Plat for Villas on Lost Lake; this extension is required so that the cITY'S dump remediation can be completed, the Barr RAP report filed, the MPCA Certificate of Completion can be issued and the City transfer of the land to MHRD be completed, in accordance with the Re-Developers Agreement. This 60 day extension should take the approval outto December 7, 2005 which should be enough time for Veit to complete work and for the required MPCA Certs to be received' Chuck Alcon, Project Manager, Villas on Lost Lake, MHRD Sarah Smith wrote: Hi Chuck. I would respectfully request that a written request for the extension pursuant to City Code Chapter 330.35(A) be submitted specifying the specific reasons and amount of time needed and Of note, I'm assuming additional time is needed to completed soils remediation project on subject site as well as issues outlined in the CPD and transfer of former dump site from City to MHRD. Thanks!! Sarah S. - 2869- 9/20/2005 CITY OF MOUND ORDINANCE NO. __-2005 AN ORDINANCE AMENDING SUBSECTION 330.35, Subd. 9 OF THE CITY CODE (SUBDIVISION ORDINANCE AS IT RELATES TO TIMELINES FOR RECORDING OF FINAL PLATS The City of Mound does ordain: Subsection 330.35 of the Subdivision Ordinance is hereby amended by amending Subdivision 9 thereof to read as follows: Subd. 9. ao The subdivider shall, if the final plat is signed by the Mayor and City Manager, record the final plat with the County Recorder or the Registrar of Titles within 60 ~days after signing. Any final plat not filed and recorded within 60 days of the date ~of the Council resolutions approving the final plat, or within 60 days after the plat ~is considered approved by reason of the City Council's failure to act within 60 d ..... f +1~,~ filin,~ r~f +1-,,~ fin.-~l ,.,1.-~+ ,a,ifh, ,~h,~ ~, ,ilrti,-,,-, ¢'4~i,-.i,~1 nn final approval as required by state law, -shall become null and _void unless the City Council, prior to the expiration of such period, has approved an extension to the 60 day timeline: This amendment shall be applicable to all final plat approvals made within 60 days prior to the effective date of this amendment, and thereafter. Passed by the City Council this day of ,2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel Published in The Laker the Effective the __ day of __day of ,2005 ,2005. -2870- CITY OF MOUND RESOLUTION #05- A RESOLUTION APPROVING CONSENT AND JOINDER TO PLAT AGREEMENT FOR VILLAS ON LOST LAKE WHEREAS, the Final Plat for the Villas on Lost Lake was approved by the City of Mound on August 8, 2005. NOW THEREFORE BE IT RESOLVED, that the City of Mound, a Minnesota municipal corporation, hereby joins in the making and filing of the Villas on Lost Lake Plat in the appropriate offices for recording of the same in and for Hennepin County, and further consents to the dedications as set forth in said Plat. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute said Consent and Joinder to Plat Agreement included as Exhibit A. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted by the City Council on September 27, 2005 Mayor Pat Meisel Attest: City Clerk Bonnie Ritter -2871 - CONSENT AND JOINDER TO PLAT CITY OF MOUND, a Minnesota municipal corporation, the owner of a portion of the lands contained in the plat of The Villas on Lost Lake and described in the attached Exhibit A (the "City Property"), hereby joins in the making and filing of The Villas on Lost Lake Plat, in the appropriate offices for recording of the same in and for Hennepin County, and further consents to the dedication(s) set forth in said Plat. This Consent is made this 27th day of September, 2005. CITY OF MOUND By: Kandis M. Hanson Its: City Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 27th day of September, 2005, by Kandis M. Hanson, the City Manager of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Drafted By: Notary Public JBD-268628vl MU195-15 -2872- Exhibit A Legal Description of City Property Part of the Southwest ¼ of the Southwest ¼ and part of the Southeast ¼ of the Southwest ¼ of Section 13, Township 117, Range 24, Hennepin County, Minnesota described as commencing at the Southwest comer of said Section 13; thence on an assumed bearing North 03010'09" East, 681.85 feet along the West line of said Section 13; thence South 86°49'51" East, 999.88 feet to the POINT OF BEGINNING; thence North 18039'50" East, 16.55 feet to the Southerly Right-of-Way (R/W) line of H.C.S.A.H. #15 (per plat #68); thence along the Southerly boundary of said plat the following 5 calls: 1) 328.86 feet along the arc of a 1450.37 feet radius curve to the right, having a delta angle of 12°59'29"; 2) North 20008'05" East, 0.60 feet; 3) South 70014'02" East, 16.00 feet to the West 1/16 line of said Section 13; 4) South 70014'02" East, 203.08 feet; 5) Southeasterly, 82.96 feet along the arc of a 639.81 foot radius curve to the left, having a delta angle of 07°25'44" to the Westerly line of the East 225.00 feet of Block 4, Shirley Hills Unit F; thence South 02035'49" West, 210.64 feet along the Westerly line of said East 225.00 feet to the Northerly line of the South 300.00 feet of said block 4; thence North 87019'32" West, 276.65 feet along the Northerly line of said South 300.00 feet to the West 1/16 line of said Section 13; thence South 02059'28" West, 63.08 feet along said 1/16 line; thence North 68°53'11" West, 160.48 feet; thence North 84024'23" West, 76.03 feet, thence North 58°11'48" West, 68.68 feet; thence North 29°22'55'' West, 48.93 feet; thence North 02°02'19'' East, 66.23 feet; thence North 04050'44" West, 65.06 feet; thence North 39042'59" West, 14.26 feet; thence North 28042'33" West, 45.52 feet; thence North 18039'50" East, 99.90 feet to the POINT OF BEGINNING. Parcel contains 4.208 Acres and is subject to the Right-of-Way of H.C.S.A.H. No. 15, per Torrens Certificate of Title No. 860787. JBD-268628vl MU195-15 -2873- CITY OF MOUND RESOLUTION NO. 05- RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ON 2005 STREET RECONSTRUCTION PROJECT WHEREAS, a contract has been let for the 2005 Street Reconstruction Project and the construction cost for such improvement is $1,750,000, and the expenses incurred or to be incurred in the making of such improvement amount is $420,000 so that the total cost of the improvement will be $2,170,000. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound: The portion of the cost of such improvement to be paid by the City is hereby declared to be $1,300,000 and the portion of the cost to be assessed against benefited property owners is declared to be $870,000. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2006, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. The City Clerk, with the assistance of the Consulting Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council this 27th day of September, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -2874- · 'i70 U,S. B~nk Pi~z~ 200 Soud~ Six~ S~ec Minneapolis, MN 55402 (612) SS7-9300 JcJ.plnon~ [4]73 337-~310 [Dx hrcp://v~,kcnncdy-B~vcmcom ROBERT .T. LINI)ALL Attorney at Law Direct Dial (6 t 2) 337-9219 Re~ Prup~y ~w S~ciMist September '2_3, 2005 Carlton Moore Director of Public Works City of Mound 5341 Maywood Road Moun~ MN 55364-1627 BY FAX (952) 472-0620 AND U.S. MAIL Request by Metropolitan Comacil Environmental Services For Sanitary Sewer Easement From City Dear Carlton: You sent mc a legal description and parcel sketch for a third sanitary sewer utility easement which Metropolkan Council Environmental Services (MCF-S) has requested that the City provide to MCES. The easement would permanently encmuber City propet~:y as follows: That part of the Southwest Quarter of the Sou~west Quarter of Section l 3, Township 117, Range 24, lying northerly of the northerly line of COUNTY STATE AID HIGHWAY NO. 15, Plat 68, easterly of the east line or,he west 203.00 feet of said Southwest Quarter of the Southwest Quarter, west of the southerly extension of fine west line of the east 17.40 _Feet o£Lot 33, "Koehler's Addition to Mound", Lake Minnetonka, accord.hag to the recorded plat thereoi; said 17.40 feet being measta-ed along the most southerly linc ofsa/d Lot 33 and southerly of a described line (see easement). We recommend ~ax ~he City Council adopt the enclosed Resolution authorizing the Mayor and City Managc~- to execute the requested permm~ent easement in favor of the Metropolit,'m Com~ci1 in a ~brm approved by the City Engineer and CJu/Attorney. Thc enclosed easement, as well as the two easemems enclosed with my letter to you of Au~mast 19, 2005, all called for flue City to warrant that it is the owner of the property subject to the easement. I RJL-2fiS669vl M[J~0.~ -2875- Sep-Z3-200E lO:08am From-Kennedy & Graven +6123379310 T-435 P. 003/010 F-316 Carlton Moore September 23, 2005 Page 2 o£ 2 have asked the Metropolitan Council's attorney, Jeanne Mat~oss, to provide mc with their title evidence so that we mi~tt rely on it in malting t. Ms representation. Please call me if'you have any ques~iorts, Vcry/ttmly yours, /~.. RJL:l~rs cc: ~Tem~ne Ma~ross, Esq., M~tropolitan Council Bob Dehler, McCornbs Frank Roos Associates, Inc. $Ohn B. Dean, Esq. RJb-265669vl MU220.~. -2876- Sap-g3-ZO05 lO:08am From-Kennedy ~ Graven +6123379310 . %436 P. 004/010 F-318 RESOLUTION NO. 05- AUTHORIZING EXECUTION OF SANITARY SEWER. EASEMENTS Wt-rRREAS, the City Council of the City of Mound is the official governing body of the City of Mound; and WI~AS, the City of Mound, a Minnesota municipal cerpomtion~ aCting by md through its City Council~ is authorized by law to grant permanent easements for sauitary sewe~ purposes; and WI-~.REAS, the Metropolitan Council ("MC") lms requested that the City grant to MC a permanent easement burdening a parcel of City owned land as follows: That part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 117, Range 24, lying northerly of the northerly line of COUNTY STATE AID HIGHWAY NO. 15, Plat 68, easterly of the east line of the west 203.00 feet of said Southwest Quarter of the Southwest Quarter, west of the southerly extension of the west line of the east 17.40 feet of Lot 33, "Koehler's Addition to Mound", Lake Min,~etonka, according to the recorded plat thereof, said 17.40 feet being measm'ed along the most ~outherly line of said Lot 33 and southerly of a described line (see easement). NOW, TI4R~FO~, BE IT RESOLVED BY THE CITY COUNCIL OF TI-[E CITY OF MOUND IN REGULAR MEETING ASSEMBLED, that it is the considered judgment of the Council that the Easement be granted for the stated public purposes. BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized and directed to execute and deliver such Easement to Metropolimu Council in form and substance acceptable to the City Engineer and City Attorney. The foregoing resolution was moved by Councilmember The following voted in the affirmative: The following voted agaiust: Cotmcilmember Adopted by the City Council this Councilmember . dayof was absent. _, 2005. and seconded by RJL-268700vl MU2204 -2877- Sep-Z$-2005 lO:OSam From-Kennedy & Graven +6123379310 T-435 P. 005/010 ATTEST: Pat Meisel, Mayor Bonnie Ritter, City Clerk PJL-265700vl MU220-4 2 -2878- -2879- 010/900',:1 ~(~-.L 9L;-~ OLO/eO0'4 ~;~-~ OL;BZ;;ZLg+ -2881- um^e3~ i ;pmuumN-mo3~ mego:ol ~ooa-;a-d6s To: City Manager Kandis Hanson From: Chief Jim Kurtz Date: September 20, 2005 ,S,u,b,j ,e c,t~ Award of Merit As we discussed, at the Tuesday, September 20, 2005 City Council meeting I would like to recognize officers from the Mound Police Department for their efforts in apprehending murder suspect Jeff Skelton and preparing his case for prosecution. In addition, I would like to publicly recognize officers from other agencies who were identified as playing an important role in the incident. Lt. John McKinley Detective Dan," Niccum Officer Todd Truax Officer Nick Schwalbe Administrative Assistant Shirley Hawks Administrative Assistant Jeanne DeBo, .rd Minnetrista Officer Jon Stutelberg Hennepin County Deputy Bernard Bogenrief Minnetonka Sergeant Gary Cayo (negotiator) Minnetonka Officer Linda Pesheck (negotiator) The Hennepin County Investigative Unit The Hennepin County Dispatch Unit Thank you -2882- MEMORANDUM To: City Manager Kandis Hanson From: Police Chief Jim Kurtz Date: September 20, 2005 ,S,u.b,j,ec. t2Council agenda item I received a note from CenterPoint Energy approximately four months ago informing me that the Police Department had received a $1,250.00 grant to help with the purchase of an Automated External Diffibulator. Connie Hargest form CenterPoint Energy would like to present the check to the City of Mound in front of the City Council on Tuesday, September 27, 2005. -2883- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 PLANNING REPORT -ADDENDUM 2 TO: Planning Commission, Parks and Open Space Advisory Commission and Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: September 20, 2005 SUBJECT: Street Vacation Request - Halstead Avenue (unimproved) APPLICANT: Larry Peterson PLANNING CASE NUMBER: 05-06 LOCATION: 6619 Bartlett Blvd. ZONING: Residential District R-1 COMPREHENSIVE PLAN: Residential BACKGROUND At its September 13, 2005 meeting, the City Council held the public hearing for review of a request from Larry Peterson to vacate unimproved Halstead Lane which is located immediately south of his property located at 6619 Bartlett Boulevard. The unimproved ROW abuts PID No. 22-117-24-43-0029 which is a vacant tax- forfeit parcel that is held by Hennepin County. The City Council tabled action on the application to research the status of the application and votes required for the requested action per state statute and also requested that Staff contact Hennepin County Taxpayer Services regarding the status of the adjacent tax-forfeit parcel and whether the applicant could be considered "abutting" in the event a future sale would be heard as ownership of his property extends to the centedine of the unimproved road. REQUESTED INFORMATION M.S.S. 412.851. The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. Based on review by Staff, there are four (4) owners, therefore, the application does not qualify as "petition" according to the statute and a 4/5's vote of the Council is required. -2884- Hennepin County. Staff spoke with Marilyn Bell of Hennepin County Taxpayer Services on September 19th who confirmed that the subject tax-forfeit parcel will not be offered for sale following receipt of the letter from the DNR. Additionally, Staff also spoke with Ray Ball of Hennepin County Taxpayer Services who indicated that they do not consider parcels which are separated by a road and/or ROW to be "abutting." -2885- Minnesota Session Laws 2005 - Chapter 117 Page 1 of 3 Legislature Home I Links to the World I Help House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Session Laws 2005 - Chapter 117 Key: (1)Lan§u=gc tc bc dc!ctcd (2)New lanclua.qe _Legislative history and Authors NOTE: This document DOES NOT represent a copy of the official pubfication of 2005 Session Laws. The final 2005 Session Laws will be available here in early October 2005. CHAPTER ll7-H.F.No. 436 An act relating to natural resources; requiring commissioner's evaluation before vacating certain roads adjacent to public waters; creating right of intervention; providing an exemption for participants in National Veterans Wheelchair Games; amending Minnesota Statutes 2004, sections 164.07, subdivision 2; 412.851; 505.14. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2004, section 164.07, subdivision 2, is amended to read: Subd. 2. [HEARING; NOTICE.] (a) The petition shall be filed with the town clerk, who shall forthwith present it to the town board. The town board within 30 days thereafter shall make an order describing as nearly as practicable the road proposed to be established, altered, 'or vacated and the several tracts of land through which it passes, and fixing a time and place when and where it will meet and act upon the petition. The order must also contain a notice to affected landowners that a landowner is entitled to judicial review of damages, need, and purpose under subdivision 7 following a determination to establish or alter a road. The petitioners shall cause personal service of such the order and a copy of the petition to be made upon each occupant of such the land at least ten days before such the meeting and cause ten days' posted notice thereof to be given. (b) In addition, the petitioners shall serve notice of the order by certified mail upon the commissioner of natural resources at least ~ 60 days before such the meeting required under paraqraph (a), if the road to be vacated terminates at abuts upon, or is adjacent to any public water. The notice under this paragraph is for notific2tion purposes on!y ~n~ does not create a right of intervention by the commissioner of natural resources. At least 15 days prior to convening the meeting required under paragraph (a), the town board or its designee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must evaluate: (1) the proposed vacation and the public benefits to do so; {2) the present and potential use of the land for access to public waters; and (3) how the vacation would impact conservation of natural http://www.revis~r.~eg.state.mn.us/bin/getpub.~---~8?6--.ype=SLAW-~HAP&year=2~&... 9/21/2005 Minnesota Session Laws 2005 - Chapter 117 Page 2 of 3 resources. The commissioner must advise the town board or its desiqne~ accordingly upon the evaluation. Sec. 2. Minnesota Statutes 2004, section 412.851, is amended to read: 412.851 [VACATION OF STREETS.] The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at ~L abuts upon, or is adjacent to any public water, .no v~c2tion sh2!! bo mnde un!c~ written notice of the petition or proposed resolution ~ must be served by certified mail upon the commissioner of natural resources at least ~ 6--0 days before the hearing on the matter. The notice to the commissioner of natural resources is fcr nctificntion pur?cscr onlLt mhd does not create a right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section, the council or its desiqnee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must evaluate: (1) the proposed, vacation and the public benefits to do so; (2) the present and potential use of the land for access to public waters; and (3) how the vacation would impact conservation of natural resources. The commissioner must advise the city council or its designee accordingly upon the evaluation. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be filed with the county recorder. Any failure to file the notice shall not invalidate any such vacation proceedings. Sec. 3. Minnesota Statutes 2004, section 505.14, is amended to read: 505.14 [VACATION.] Upon the application of the owner of land included in any plat, and upon proof that all taxes assessed against such the land have been paid, and the notice hereinafter provided for given, the district court may vacate or alter all, or any part, of such the plat, and adjudge the title to all streets, alleys, and public grounds to be in the persons entitled thereto; but streets or alleys connecting separate plats or lying between blocks or lots or providing access for the public to any public http://www.revis°r.~eg.state.mn.us/bin/getpub.~2~8. ?7~`2ype=~LAw-CHAP&year=2~5&... 9/21/2005 .[ Minnesota Session Laws 2005 - Chapter 117 Page 3 of 3 water, shall not be vacated between such the lots, blocks, or plats as are not also vacated, unless it appears that the street or alley or part thereof sought to be vacated is useless for the purpose for which it was laid out. If any part of a street, alley, or public ground proposed for vacation terminates at ~L abuts upon, or is adjacent to any public water, the petitioner shall serve notice of the petition by certified mail upon the commissioner of natural resources at least ~ 6--0 days before the term at which it shall be heard. The notice under this subdivision is for netificntion purposes only 2nd does no~ ~ creates a right of intervention by the commissioner of natural resources. The petitioner shall cause two weeks published and posted notice of such application to be given, the last publication to be at least ten days before the term at which it shall be heard; and the petitioner shall also serve personally, or cause to be served personally, notice of such the application, at least ten days before the term at which the application shall be heard, upon the mayor of the city, the president of the statutory city, or the chair of the town board of the town where such the land is situated. The court shall hear all persons owning or occupying land that would be affected by the proposed vacation, and if, in the judgment of the court, the same would be damaged, the court may determine the amount of £uch the damage and direct its payment by the applicant before the vacation or alteration shall take effect. A certified copy of the order of the court shall be filed with the county auditor, and recorded by the county recorder. The district court shall not vacate or alter any street, alley, or public ground dedicated to the public use in or by any such plat in any city or town organized under a charter or special law which provides a method of procedure for the vacation of streets and public grounds by the municipal authorities of such the city or town. Sec. 4. [WHEELCHAIR SECUREMENT POSITION TEMPORARY EXEMPTION.] Notwithstanding any contrary provisions in Minnesota Statutes, chapter 299A, or Minnesota Rules, chapter 7450, enrolled participants in the National Veterans Wheelchair Games may be transported in transit vehicles in side-facing positions. Transportation services and operators of transit vehicles, when they are providing transportation to enrolled participants in the National Veterans Wheelchair Games in the counties of Hennepin and Ramsey, are exempt from statutes and rules insofar as they prohibit transportation of wheelchair users in side-facing positions. This exemption is effective on June 26, 2005, and expires on July 3, 2005. Presented to the governor May 24, 2005 Signed by the governor May 27, 2005, 3:15 p.m. Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. http ://www.revisor.leg.state.mn.us/bin/getpub.12~8. ?~SJ. ype=SLAW_CHAP&year=2005 &... 9/21/2005 crrY OF MouNI~ $341 Ma~ood Road, Mound, MN 55364 Phone 952-472-0600 FAX 952~472-0620 STREET OR EASEMENT VACATION INFORMATION Minnesota State Statute 412.851 VACATION OF STREETS. The Council may by resolution vacate any street, alley, public grounds, public right-of-way, or any part thereOf, on its own motion or on petition of a majority of the owners of land abutting the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the Council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks published and posted notice. In addition, if the street, alley, pUblic grounds, public way, or any part thereof terminates at or abuts upon any public water, no vacation shall be made unless written notice of the petition or proposed resolution is served by certified mail upon the commissioner of natural resources at least 30 days before the hearing on the matter. The notice under this subdivision is for notification purposes only and does not create a right of intervention by the commissioner of natural resources. After the resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceeding that shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof and description of real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the works entered in the transfer record. The notice shall then be filed with the county recorder. Any failure to file the notice shall not invalidate any such vacation proceedings. REQUIRED SUBMITTALS Accurately completed application form, including name, address and day phone of both applicant and owner. Also any fees and escrow deposit as indicated on the application form. A certified list of all property owners within 350 feet of the subject property and one set of mailing labels from Hennepin County Property Division will be required. City staff will assist you in obtaining this list. The applicant will be responsible for the payment of any fees charged by Hennepin County for this service. CURRENT CERTIFICATE OF SURVEY: 2 copies drawn to-scale and one copy 8-/2" x 11" (may be reduced). SurVey must include all of the items listed on the City of Mound SurVey Requirements (attached). Also include the legal description of the area to be vacated. For vacation of a right-of-way, the applicant must show that there is no public need for the access to be retained for a public purpose. Vacation Information (11/24/2004) Page I of 4 -2889- MOUND CITY COUNCIL MINUTES SEPTEMBER 13, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 13, 2005, at 7:30 p.m. in the council chambers of c'~f hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise and David Osmek. Others Present: City Attomey John Dean, City Manager Kandis Hanson, City Clerk Bonnie Rifler, Community Development Director Sarah Smith, Finance Director Gino Businaro, Docks and Parks Superintendent Jim Fackler, Deb Grand, Wanda Martens, Pam Myers, Tom Rockvam, Norrine Forrest, Verna Hasse, Cklair Hasse, Mark hanus, Jerry Mader, Cheryl Martin, Benjamin Milbrath, John Ehlers Consent Agenda: Ali items listed under the Consent Agenda are considered to, be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. t. Open Meefin¢~ Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledc~e of Allegiance 3. Approve Aaenda Specht requested the removal of D and Osmek requested the removal of A from the Consent Agenda for discussion. MOTION by Osmek, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Osmek, seconded by Specht to approve the items on the consent agenda with the exception of 4A and 4D which were removed. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $1,677,950.46. C. Reschedule meetings: November 8, 2005 meeting from 7:30 p.m. to 8:00 p.m. December 13, 2005 meeting from 7:30 p.m. to 8:00 pm. D. (removed) E. RESOLUTION NO, 05-121: RESOLUTION ADOPTING FEE SCHEDULE 1 -2890- Mound City Council Meeting - September 13, 2005 F. RESOLUTION NO. 05-122: RESOLUTION AUTHORIZING RECONVEYANCE OF TAX FORFEITED PROPERTY- PID #19-117-23-32-0128. G. Approve Public Lands Permits: 1. Mike/Sara McCue - 4687 Island View Drive for irrigation and stairs on Devon Commons 2. Kirk Bemhagen - 4539 Island View Drive for rip-rap on Devon Commons 3. Steve Bedell - 4957 Island View Drive for rip-rap on Devon Commons H. Approve payment Request No. 4 from Buffalo Bituminous in the amount of $276,125.43 for the 2005 Street Improvement Project. I. RESOLUTION NO. 05-123: RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS FOR TRANSIT DISTRICT PARKING DECK RESOLUTION NO. 05-124: RESOLUTION APPROVING VARIANCES FOR AN EIGHT (8) FOOT SIDE YARD FENCE AND WAIVING SWIMMING POOL FENCING REQUIREMENT FOR NEW HOME AT 1605 BLUEBIRD LANE, MOUND, MINNESOTA. PID #13-117-24-12-0227 RESOLUTION NO. 05-125: RESOLUTION APPROVING A PUBLIC LANDS PERMIT TO ALLOW CONSTRUCTION OF A TEMPORARY DRIVEWAY IN RICHMOND ROAD RIGHT OF WAY FOR RANDY GABRELCIK AT 4712 RICHMOND ROAD. PID #19-t17-23-32-0137. RESOLUTION NO. 05-126: RESOLUTION PURSUANT TO MINNESOTA STATE STATUTES SECTION 272.162, SUBD. 3 TO REQUIRE LOCAL APPROVAL OF ALL LAND DIVISIONS WITHIN THE BOUNDARIES OF MOUND PRIOR TO CONVEYANCE. 4A. A;~;)rove Minutes MOTION by Brown, seconded bY Beise to approve the minutes of the August 23, 2005 regular meeting, the August 30, 2005 special meeting and the September 7, 2005 special meeting. The following voted in favor: Brown, Specht, Beise and Meisel. The following voted against: None. Osmek abstained from voting because he was absent from the August 23rd meeting. Motion carried. 4D. Adopt an Ordinance Amending City Code Chapter 155 as it Rela~_~ to Sc City Council Specht requested that this item be removed from the consent agenda for discussion. Meisel explained that this proposed ordinance would change the regular time for city council meetings to 7:00 p.m., rather than 7:30 p.m. Brown feels that it is easier for citizens to attend if left at 7:30 p.m. Beise and Specht also expressed desire to leave the start time at 7:30 p.m. MOTION by Specht, seconded by Brown to have the start time of regular council meetings remain at 7:30 p.m. All voted in favor. Motion carried. 2 -2891 - Mound City Council Meeting -September 13, 2005 MOTION by Osmek, seconded by Specht to adopt the following ordinance as amended. All voted in favor. Motion carried. ORDINANCE NO. 16.2005: AN ORDINANCE AMENDING CITY CODE CHAPTER 155 AS IT RELATES TO THE CITY COUNCIL. 5. Comments and suggestions from citizens present on any item not on the agenda. - None were offered. 6. public Hearings A. Planning Commission Recommendations 1. Case No. 05-06 - Vacation of unimproved Halstead Avenue - 6619 Bartlett Blvd. Sarah Smith reviewed the application from Larry Peterson to vacate unimproved Halstead Lane which is located immediately south of his property located at 6619 Bartlett Blvd. The unimproved ROW abuts PID #22-117-24-43-0029, which is a vacant tax-forfeit parcel that is held by Hennepin County. Smith continued by stating that staff feels that it is premature to vacate this street because of the presence of utilities, and also the impact of the proposed redevelopment of the present manufactured home park that is located on a neighboring parcel, is unknown at this time. Brown expressed that he sees no value for this parcel as a city park because it is not accessible, except by crossing private property. Osmek questioned how the proposed future development of the manufactured home park can be considered when there is no proposal on the table at this time, and they are not an abutting property owner so no portion of the proposed vacation would not affect them. Mayor Meisel opened the public hearing at 7:52 p.m. Larry Peterson, 6619 Bartlett Boulevard, stated he applied for the vacation because if the tax forfeit parcel ever does come up for sale to abutting property owners, he would like to be able to bid on it. By vacating the street, he would acquire the north half of the street, and the south half would go to the tax forfeit property, making him an abutting owner to the tax forfeit parcel. Jerry Mader, 6607 Bartlett, stated that he is a property owner two parcels to the east of Peterson. He agrees that there is no reason not to vacate the street. He has an easement through his property and the same could be carded through the vacated street. Tom Casey, 2854 Cambridge Lane, expressed that the standard for this vacation should be the public interest. If the standard is applied to put it on the tax rolls it provides no basis to evaluate if the parcel ought to be in saved and kept for future 3 -2892- Mound City Council Minutes - September 13, 2005 decisions, or released now. He feels the discussion should be elevated beyond public interest by being put on the tax rolls, it should be discussed in other ways, also. Mayor Meisel closed the public hearing at 8:03 p.m. MOTION by Osmek, seconded by Brown to approve the vacation of an unimproved portion of Halstead Avenue, as applied for by Larry Peterson. Discussion followed regarding affect on the dock program and value as open space. Beise clarified that not ali open space needs to have access to have value. Also, all of the City Departments involved recommended denial, and only the Planning Commission recommended approval. Casey added that there is also value for habitat, open space and the natural features of Mound. If you can't get to it by land it has value as habitat for animals and birds. Another point is the possibility of access to the parcel by boat, which gives value to the citizens of Mound by having a riparian parcel with access to the lake. MOTION by Specht, seconded by Beise to table action on this item until the next regular council meeting, for clarification on if the Peterson's parcel and the tax forfeited parcel to the south, actually touch with the unimproved street being an overplat. The following voted in favor: Specht, Beise and Meisel. The following voted against: Brown and Osmek. Motion carried. 2. Case No. 05-27 - Vacation of unimproved portion of Stratford Road - 4458 Denbi.qh Road Sarah Smith reviewed the application by Bruce Johnson to vacate a portion of unimproved Stratford Avenue which abuts his property located at 4458 Denbigh Road. This portion of unimproved Stratford Avenue is surrounded on three sides by Johnson's property. Mayor Meisel opened the public hearing at 8:25 p.m. Bruce Johnson, applicant, stated that by granting this vacation, it would remove an encroachment of the house, which was built in 1920. Mayor Meisel closed the hearing at 8:26 p.m. MOTION by Beise, seconded by Brown to adopt the following resolution. Ail voted in favor. Motion carried. RESOLUTION NO. 05-127: A RESOLUTION TO APPROVE THE VACATION OF A PORTION OF UNIMPROVED STRATFORD AVENUE ADJACENT TO PROPERTY LOCATED AT ~?.58 DENBIGH ROAD. PLANNING CASE NO. 05-27. 4 -2893- Mound City Council Minutes -September 13, 2005 7. Request by Westonka Historical Society and Lake Minnetonka Chamber of Commerce for waiver of fee(s) for permanent sign at 2323 and 2325 Commerce Boulevard Sarah Smith indicated that a sign permit'application was received, which does not require City Council action, but they are requesting waiver of the $100 fee, which does require Council action. MOTION by Beise, seconded by Specht to deny the request for waiver of fee for a sign permit at 2323 and 2325 Commerce Blvd. Ail voted in favor. Motion carried. 8. Vern Brandenberg of WeCAN with amended plan for Gathering Permit for Tree, Li;Ihting Ceremony and Sleep-out Benefit Veto Brandenberg presented a revised sketch of the plan for the Tree Lighting Ceremony and Sleep-out Benefit to be held November 17. At the last meeting the City Council approved reducing the Public Gathering Permit fee from $300 to $200. There is now a request to waive the balance of the fee. MOTION by Beise, seconded by Brown to waive the remaining $200 of the Public Gathering Permit fee. The following voted in favor: Brown, Beise and Osmek. The following voted against: Specht and Meisel. Motion carded. 9. 2006 Budc~et A. Action on Resolution Approvin,q the 2006 Preliminary Bud.qet and Levy Gino Businaro presented an overview of the preliminary 2006 budget, followed by discussion stressing that this was preliminary and the Council would hold another budget workshop in an attempt to reduce the 2006 budget. MOTION by Beise, seconded by Specht to adopt the following resolution. The following voted in favor: Beise, Specht and Meisel. The following voted against: Brown and Osmek. Motion carried. RESOLUTION NO. 05-128: RESOLUTION APPROVING THE 2006 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $4,792,440; SETTING THE PRELIMINARY LLEVY AT $4,256,205; AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2006. B. Action on Resolution. Approvin,q a Levy not to Exceed $153,720 for the HRA Brown stated that he doesn't think maxing this levy at $153,720 is the thing to do. Osmek stated that he, also would be voting against this as he did at the HRA. MOTION by Beise, seconded by Specht to adopt the following resolution. The following voted in favor: Beise, Specht and Meisel. The following voted against: Brown and Osmek. Motion carried. 5 -2894- Mound City Council Minutes - September 13, 2005 RESOLUTION NO. 05-129: RESOLUTION APPROVING A LEVY NOT TO EXCEED $153,720 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF AND FOR THE CITY OF MOUND FOR THE YEAR 2006. 10. Action on Amendments to the Administrative Code MOTION by Brown, seconded by Osmek to accept the amendments to the Administrative Code as presented. All voted in favor. Motion carried. 11. Action on Appeals for Dock Revocations Jim Fackler reviewed the background for the dock revocation appeals before the Council. He stated that the program application, which goes out in January, clearly states the registration and boat-on-site requirements. They are reminded again in a letter in April when they are issued their site. Those in the Slip Program must register their boat by May 15 and have the registered boat physically moored at the slip on June 15. This year on June 15, 25% of the 88 Slip Site holders did not comply. They were sent a courtesy notice reminding them of the compliance regulations, (notice not required under the Code), giving them 14 days to comply, with final inspection to take place on June 29. All but four Slip Holders responded. The Council is being asked to consider two of the appeals this evening. The Docks and Commons Advisory Commission recommended denial of these two appeals. Norrine Forrest Ms. Forrest appeared before the Council at a previous meeting and also this evening. She apologized for not complying with the Code. Her boat lift was in need of repair and due to bad weather, her boat was not put in until June 30. Brown indicated that he did check the internet for the weather on June 29, and there were thunder storms occurring on that date. Osmek asked if there were receipts for the lift repair and was told there were not because Ms. Forrest's son performed the repair himself. The delay was due to him waiting for parts. MOTION by Specht, seconded by Brown to allow Ms. Forrest to retain her dock rights. She has attended two Council meetings and a Docks and Commons meeting in good faith, regarding her appeal and the weather circumstances on June 29th were beyond her control. All voted in favor. Motion carried. 6 -2895- Mound City Council Minutes - September 13, 2005 Denise Malarky Ms. Malarky was not in attendance at tonight's meeting. Brown indicated that if she was concerned about the appeal she should be here. MOTION by Brown, seconded by Osmek to affirm the decision to revoke Denise Malarky's dock permit. Discussion too place regarding the timeline on correspondence on this issue, plus the lack of evidence that her boat was in for repairs, thus not being put in water. MOTION by Osmek, seconded by Beise to table action on this appeal until the next Council meeting, with directive to Jim Fackler to obtain copies of receipts from the Ms. Malarky to document her boat repair. The following voted in favor: Specht, Beise, Osmek and Meisel. The following voted against: Brown. Motion carried. 11. Discussion and Request for directive reflardinfl shoreland overlay regulations and 1994 approval of City's flexibility request. Sarah Smith stated that due to inconsistency between approved shoreland regulations and DNR approvals granted in 1994, the City needs to implement approved DNR standards or submit a flexibility request per direction from DNR staff to allow minimum zoning lot standards as allowed in the R1A and R2 districts. Discussion followed with directive given to staff to request flexibility to continue. 12. Presentation of Andrews Sisters Walk-of-Fame Concept Tom Rockvam, 2670 Commerce Blvd., presented the history of the Andrews Sisters and their connections to Mound. He is requesting that a portion of the new Lost Lake Trail be named in their honor. Pam Myers, representing the Westonka Historical Society, also appeared to request the Council to help communicate the Andrews Sisters' connection to Mound. MOTION by Brown, seconded by Osmek to name the new trail in the Lost Lake District, the Andrews Sisters' Walk of Fame Trail. Meisel feels that there should be a design and concept plan and writing before making a decision, and also maybe this request should go to the Parks and Open Space Commission for their review before action is taken by the Council. Osmek agreed with this and withdrew his second to the motion. Motion died for lack of a second. MOTION by Brown, seconded by Beise to name the trail in the Lost Lake District, the Andrews Sisters' Walk of Fame Trail, with a plan to be submitted to the Parks Commission and City Council. Osmek suggested announcing that the City is actively pursuing this name and invite input from citizens. The following voted in favor of the motion: Brown and Beise. The following voted against: Specht, Osmek and Meisel. Motion fails. 7 -2896- Mound City Council Minutes- September 13, 2005 MOTION by Osmek, seconded by Specht to remand the suggestion for the naming of the trail in Lost Lake, to the Andrews Sisters' Walk of Fame Trail and ask the Historical Society to present a concept plan so that proper procedure can be followed. The following voted in favor: Specht, Beise, Osmek and Meisel. The following voted against: Brown. Motion carried. 14. Miscellaneous/Correspondence A. Questions and Comments from Councilmembers - Meisel reminded members of the meeting on September 30, with Peter Bell from the Met Council, also that a budget workshop has been set for October 18, 2005, at 7:00 p.m. B. Correspondence: Westonka Healthy Community Collaborative C. Reports: Liquor Store- August 2005 Finance Department - August 2005 t5. Adjourn MOTION by Brown, seconded by Osmek to adjourn the meeting at 10:44 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 8 -2897- Page 1 of 4 Jodi Rahn , ,rom: To: Sent: Subject: "Kandis Hanson" <KandisHanson@cityofmound.com> "Jodi Rahn" <JodiRahn@cityofmound.com> Wednesday, September 21,2005 7:45 PM Fw: WHCC 9/28~05 hard copy please .... Kandis ..... Original Message ..... From: "Leah Weycker" Sent: Wednesday, September 21, 2005 5:31 PM Subject: WHCC 9/28/05 Westonka Healthy Community Collaborative Wednesday, September 28, 2005 12:00-1:30 PM Gillespie Center 2590 Commerce Blvd. Mound Any comments or questions, contact Leah Weycker, Collaborative Coordinator, at 952-491-8058 or ~y_...c_._.k_er~_w~.~_t.Q~.~h~.!~.~,.r!~.._~.S_ . Lunch 12:00 Feel free to bring your own bag lunch or join us for a light "free will donation" lunch, suggested value $6.00. 2. Introductions 3. Announcements 4. Additions or changes to the agenda / minutes 5. Laura Lundberg, What is a CTIC? Laura is our area representative to the West Community Transition Interagency Committee. She will talk about what it is and how we can > access resources through the CTIC. > > 6. Old Business "Community Plan of Care". > I received examples from Robbinsdale's Collaborative. I will share the > forms they have for allowing agencies to work together on services for > families in need of services from more than one service provider. > > "Our life is what our thoughts make it." > -- Marcus Aurelius -2898- 9/22/2005 Page 2 of 4 > > **Advisory Group Updates > > Health - Depression and Suicide Awareness Task Force > Sandy Olstad, Mary Goode, Jeanette Metz, Mark Brekke > Clinic Connection funds for prescription assistance are almost gone. > WeCAN may have a church that will help with this worthy cause. We served > 28 people since last November and 9 of those have returned for > additional assistance. > OLL and Calvary schools are both interested in participating in our > Relate In-School Counseling program this year. We will need to discuss > additional funding or using the current budgeted amount. This successful > program has gotten more and more use over time. > > Youth Activities - Skate Park Task Force > Sandy Rauschendorfer-temp chair, Jean Ann Thayer, Kathy Jones, Kim > Erickson Heiar, Kathy Jones, Amy Taggart. > Skate park is so... close to being done. I spent some evenings watching > paint dry on the half-pipe. A few last big ticket items and we can > finally have a grand opening. The irrigation system is in and the grass > will be hydro-seeded this fall. Some concerns have been raise about > garbage in the ball diamonds next door. We are working on getting > together an advisory group of park users to come up with some solutions. > (One mother noted 75 kids at the park last weekend, eeeks! We should > build two.) > > Parent Education > Sandy Wing, Sandy Olstad, Holly Rakocy, Amy Taggart > Amy attended many of the back to school meetings. > > Community > Margaret Holste, Carol Olson, Ginny Lozano, Jeanette Metz, Dena > Kuenzel > The community group has not met. > We have been working on fundraising for the Gillespie Center in order > to cover the operating expenses and continue offering the great services > we are use to. > Leah and a great team of volunteers set up a successful silent auction > for the Chamber's Taste of the Lakes. It was a good money maker and a > fun event! > > Executive / Finance > Kim Heiar, Carol Olson, Margaret Holste, Sandy Wing, Sandy > Raushendorfer, Mary Hughes > The executive group did not need to meet this month. > > Alliance for Families and Children in Hennepin County > Indications are showing that the restructure talks are going slow and > we are now thinking that they are premature due to the uncertainty of > funding Cuts (up to 90%) and the Hennepin County restructuring. > Sandy Cook, the child associate for Primary Project (Hand in Hand) has - 2891t- 9/22/2005 Page 3 of 4 > redone all the playrooms and they are beautiful. Sandy and the site >_coordinators at Shirley Hills and Hilltop will be attending training lis month. We did not receive additional funding for this project ~- oecause we had such a large carry over from last year. > > On a personal note: I took a week off to go to Japan with my family. I > am still looking into how they can have such low crime rates in large > cities with very dense population. Very interesting culture that we may > learn from. But, we don't want their prices! > > > **Westonka Healthy Community Collaborative > Minutes - August 24, 2005** > > Present: Bill Erickson, Denise Eng, Kim Heiar, Jim Kurtz, Ginny > Lozano, Gloria Lundberg-Jorgenson, Carol Olson, Sandy Olstad, Amy > Taggart, Sandy Wing, Leah Weycker > Guests: Teri Turner Community Resident, Cris Roman JVS, Jili Teien > Mound Psychological Service > 1. Chuck Herdegen, Westonka Schools, showed a Power Point presentation > on the improvements made in the school district over the summer. Chuck > agreed to come back and tell us about the school campus plan that will > go to a referendum in December. > 2. Announcements: > Cris Roman from Jewish Vocational Service (JVC), is working on a --~ roject for Hennepin County related to service needs for displaced and anemployed persons. He is interested in hearing the needs in our > community. He will meet people at the Mound Library on Sept. 13 and 27 > to gather information. > Ginny Lozano, WeCAN, gave a list of school supply needs. They will be > collecting supplies and distributing them to needy children. If you know > of anyone in need orcan donate, call WeCAN. > Bill Erickson, Mound Library, announced that the computer system at the > county libraries will be down for the rest of the week. They are doing > upgrades to the system. > Sandy Olstad, St. Johns Parish Nurse, announced a blood drive in the > area and a cancer support group speaker that will talk on emotions. > Dena Kunzel sent over forms to register for the scare crow display. It > will be bigger this year and will get lots of exposure with a BBQ being > planned during the display. > Leah announced a request for proposal from the state for drug and > alcohol programs. Do we want to participate? We will look into it. > Sandy Wing would like us to look into childhood obesity issues. A flier > was passed around. > A display of purple earrings was passed around. Sojourner Project is > using the earrings for a fundraiser for domestic violence. Our advocacy > group made 100 pair. Sales have been good and we need to make more. We > are looking for local retail shops to sell the earrings for us. ~-- X~n accident happened at the skate park. An elderly woman fell while watching her grand kids. She hit her head and'died after being in a coma > for two weeks. - 2900- 9/22/2005 Page 4 of 4 3. Motion to approve the minutes was made by Carol Olson, seconded by Amy. Motion passed. 4. We discussed a draft of the Westonka Community Plan of Care, outlining the agencies that serve children and families in Westonka and how they can communicate. What should this document look like? Who would receive it? What is "care"? We went over questions for the plan of care. goals, document outcomes, where are families entering the system, who is coordinating services if a family needs more that one service, what kind of issues are involved in communicating with other agencies, and what are the barriers for sharing funding and information? Suggestions were made to put the information on the web site or give to new residents. The goal and function of the document needs to be clearly defined in order to determine the best distribution. Is "case management" needed for families needing several different services? The state statute requires a plan of care for families needing services from many agencies. Leah will see if there is a draft of a plan we can look at. Recorder Leah Weycker - 2901 - 9/22/2005 September 27, 2005 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com TO: FROM: RE: Mayor and City Council Bonnie Ritter Proposed agenda changes for 9~27~05 **Please add 4L to the Consent Agenda as follows: 4L. Approve contract with Landform for preparation of ALTA survey for Phase II of the MHRD Downtown Redevelopment (Auditor's Road) - as recommended by John Dean. (contract attached) **Also, please remove item 4J from the consent agenda completely, and add an item to the regular agenda as follows: 2005 Street Reconstruction Project 1. Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment on 2005 Street Reconstruction Project. 2. Resolution for Hearing on Proposed Assessment for 2005 Street Reconstruction Project. (resolutions attached) Carlton Moore will be present to answer any questions on the street project. printed on recycled paper September 21, 2005 LANDFORM MINNEAPOLIS · PHOENIX John Dean, City Attorney City of Mound 5341 Maywood Road Mound, MN 55364 RE: Proposal for Survey of Parcels Underlying to be Vacated Shoreline Drive in Mound, MN Landform Proposal No. P5175 Mr. Dean, Landform is pleased to submit this Proposal to provide Land Surveying services for the above referenced project. It is our understanding that the work consists of providing an ALTA Survey encompassing of those parcels underlying that part of Shoreline Drive which is proposed to be vacated (lying east of Commerce Boulevard and west of realigned Hennepin County Road 15). Landform has a full time staff of over sixty professionals, all of whom are committed to the development of quality exterior environments such that solutions to challenging site situations are based on sensitivity, feasibility and technical competence. If you have any questions concerning this Proposal or our services, please call me at 612.252.9070. We look forward to working with you. Sincerely/ ,.., Cah:)J~n//L. Kr~l, A'}A Principal Urban Designer COPY: File P5175 ' Carlton Moore, City Engineer Dave Newman, Mound Harbor Renaissance Development Chuck Alcon, Mound Harbor Renaissance Development Robert Lindahl, Kennedy & Graven ENCL: Project Scope *Landform Engineering Company doing business as Landform 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS, MN 55403 OFFICE: 6~.2.252.9070 FAX: 612.252.9077 www. landform.net Mr. Dean Page 2 Re: P5175-Survey of to be Vacated on Shoreline Drive in Mound, MN September 21,2005 This fee Proposal is valid for 30 days from the creation date noted in the header. Landform may reissue a revised Proposal upon request if the indicated time period has lapsed. LANDFORM Table of Contents A. SCOPE OF SERVICES ........................................................................................................ 3 B. COMPENSATION ............................................................................................................... 4 C. FORM OF CONTRACT ...................................................................................................... 5 RATE TABLE ............................................................................................................................... 6 ALTA/ACSM LAND TITLE SURVEY STANDARDS ............................................................7 TABLE A ....................................................................................................................................... 9 TERMS AND CONDITIONS .................................................................................................... 10 Ownership and use of documents: Consultant's drawings, Specifications, and other documents, including this Proposal, are instruments of Consultant's services for use solely with respect to this Project. Consultant shall be deemed the author of these documents and shall retain all common law, statutory and/or reserved rights, including copyright. Any use or reuse of this Proposal other than for its intended use will be considered infringement of Consultant's reserved rights. Mr. Dean Re: P5175-Survey of to be Vacated on Shoreline Drive in Mound, MN Page 3 September 21, 2005 SCOPE OF SERVICES The level of our involvement will include the following Scope of Services ("Basic Services"). Naturally, the scale and scope of our efforts depends upon a Client's needs, a clear understanding of our responsibilities and upon the deliverables required. If we have misinterpreted your needs, please let us know and we will make the necessary adjustments to this Proposal. 1. Survey [10]: Landform will: a) For parcels 1 - 16 as described in your RFP, prepare an ALTA survey certifying to the City of Mound, the Housing and Redevelopment Authority in and for the City of Mound, Mound Harbor Renaissance Development, LLC, and Old Republic National Title Insurance Company, the following items of the attached Table A of the 1999 ALTA/ACSM Standards for Land Title Surveys: 1, 2, 3, 4, 6, 7(a), 8, 9, 10, 11 (b), and 13. b) It will take approximately five (5) weeks from the receipt of a signed contract and a copy of the current title commitment, with all of the supporting Schedule B documents, to complete this survey. Assumptions: 1. Scoped parcels to be included is per the RFP letter dated September 2, 2005, and its attached Schedule A and colored map. 2. This Proposal does not include locating trees. If any Services are required of Landform to locate trees, Additional Services will result. Mr. Dean Re: P5175-Survey of to be Vacated on Shoreline Ddve in Mound, MN Page 4 September 21, 2005 COMPENSATION 1) The Basic Services described under the scope of Services shall be completed for a fixed fee as detailed below: $8,500.00 2) The attached rates shall be used for Additional Services unless otherwise agreed in writing. 3) Internal reimbursable expenses are priced as follows: Mileage Plotting on Bond Plotting on Vellum Plotting on Mylar Plotting with Color Color Printing Scanning Additional Insurance Coverage 0.485 per mile 0.25 per square foot 1.10 per square foot 2.75 per square foot 7.00 per square foot 2.00 for 8.5 x 11 3.00 for 11 x 17 1.50 per scan Based on coverage, billed at cost 4) External reimbursable expenses shall be billed at cost plus 15%. 5) Invoices will be sent once a month based on the phase percent complete through the date of billing. 6) Payment is due upon receipt of invoice. Unless prior arrangements are made, a 1.5-% per month (18% per annum) carrying fee or the maximum permitted by law, whichever is less, will be assessed against all invoices unpaid for over 30 days. Carrying fees may be compounded. 7) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. 8) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. Mr. Dean Re: P5175-Survey of to be Vacated on Shoreline Drive in Mound, MN Page 5 September 21, 2005 Gm FORM OF CONTRACT This Proposal has been presented in duplicate in order that, if it is acceptable to you, one copy may be retained for your records and one copy may be signed and returned to us as written authorization to proceed. You may also incorporate this Proposal into your standard contract form. In the event of any conflict or inconsistency between this Proposal and Client's standard contract form, this Proposal shall govern. We reserve the right to a) collect as an external reimbursable expense the cost of legal counsel should you elect to use a lengthy contract of your own design, and b) revise our fee Proposal if your contract form assigns additional responsibility or risk to Landform Engineering Company. If you instruct us to begin, or allow us to continue performing, Services prior to returning a signed contract it will be understood that all terms of this Proposal, and the attached general terms and conditions, are acceptable and all parties will be bound by the terms of this Proposal. The attached Terms and Conditions are incorporated by reference and are an integral component of this contract. Landform Engineering Company agrees to perform the Services described in this Proposal under the terms outlined. September 21, 2005 Date The following party accepts the scope, terms and conditions outlined in this Proposal and instructs Landform Engineering to proceed with the Services as outlined. City of Mound Signed Title Date Mr Dean Re: P5175-Survey of to be Vacated Shoreline Drive in Mound, MN Page 6 September 21, 2005 RATE TABLE Effective Date: May 1, 2005 The following hourly rates shall be used for this contract: Principal Engineer Principal Designer Principal Surveyor Principal Planner (AICP) Principal Landscape Architect Professional Engineer (PE) Professional Registered Land Surveyor (RLS) Professional Landscape Architect (RLA) Survey Crew (Three-Man) Survey Crew (Two-Man) Survey Crew (One-Man) Senior Survey Technician Survey Technician Project Designer Senior Designer Manager Designer III Designer II Designer I Field Inspector III Field Inspector II Field Inspector I Planner III Planner II Planner I Senior Administrative Assistant Administrative Assistant Clerical 155.00/hour 155.00/hour 120,O0/hour 125.00/hour 105.00/hour 115.00/hour 120.O0/hour 105.00/hour 160.O0/hour 135.00/hour 95.00/hour 90.O0/hour 70.O0/hour 105.00/hour 105.00/hour 97.00/hour 75.00/hour 70.O0/hour 59.00/hour 105.00/hour 81.00/hour 70.O0/hour 77.00/hour 72.00/hour 68.00/hour 65.00/hour 60.O0/hour 55.00/hour Mr Dean Re: P5175-Survey of to be Vacated Shoreline Ddve in Mound, MN Page 7 September 21,2005 ALTA/ACSM LAND TITLE SURVEY STANDARDS Landform's goal is to provide quality services per an industry standard. The major component of an ALTA survey is the review of the title commitment and inclusion on the survey of all recorded documents cited in the commitment. This is not usually performed on routine boundary or as-built surveys. The following is a synopsis of Landform's standard based on the "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys" as adopted by American Land Title Association, American Congress on Surveying and Mapping and the National Society of Professional Surveyors in 1999: 1. A burrent title commitment must be provided by the client along with copies of the recorded documents referenced in the Schedule B of that title commitment. 2. The minimum map size will be 24"X36" at no more than a 1 inch equals feet scale. 3. The boundary indicated by the legal description in the title commitment will be surveyed and this will be shown on the map and annotated, including interior lines of multiple parcels. 4. Discrepancies in the legal description or problems in showing the correct boundary lines will be fully disclosed on the map. 5. Gaps and overlaps are indicated on the survey. 6. Area of each parcel will be indicated. 7. Access to public thoroughfares from the subject property will be noted on the map. 8. Evidence of private roads across the subject property will be noted and discussed. 9. Recorded plats adjacent to the subject property will be annotated. 10. AIl recorded documents cited in the title commitment are reviewed. 11 .Those documents that have a survey element are indicated on the survey. For example, mutual easements that are specifically described by bearings and distances are depicted on the survey. If an agreement has a very general reference to a mutual easement but no specifics, this would be noted but cannot be depicted. Some items that are commonly cited are roadway easements, drainage and utility easements, sign easements, parking easements, etc. These give the client a good representation of the encumbrances on the property. 12. The accuracy of the survey is based on the standards as stated in the "Accuracy Standards for ALTA-ACSM Land Title Surveys" as adopted by American Land Title Association, American Congress on Surveying and Mapping and the National Society of Professional Surveyors in 1999. 13. The certification we will provide is based on the certification stated in the aforementioned ""Minimum Standard Detail Requirements..." Landform is willing to negotiate in modifying this certification in an effort to accommodate the client. Mr Dean Re: P5175-Survey of to be Vacated Shoreline Drive in Mound, MN Page 8 September 21,2005 THE ITEMS LISTED ABOVE COMPRISE THE MINIMUM STANDARD FOR LANDFORM "ALTA SURVEYS." OTHER ITEMS THAT CAN BE REQUESTED BY THE CLIENT FOR THE ALTA SURVEY ARE THE FOLLOWING (From "Table A Optional Survey Responsibilities and Specifications"): 1. Contours, spot elevations and the datum for the subject property. (Item 5) 2. B~ilding and parking setbacks or height restrictions as provided by the governing jurisdiction, shown on the map. (Item 6) 3. Heights of building on the subject property. (Item 7(c)) 4. Underground utility locations based on utility maps and/or markings by utility Iocators, measured inverts of storm and sanitary structures, overhead wires. (Item 11) Mr Dean Re: P5175-Survey of to be Vacated Shoreline Drive in Mound, MN Page 9 September 21, 2005 TABLE A Adopted by the Axnerican Land Title Association on October 6, 1999. Adopted by the Board of Direction, A~rterican Con- gress on Surveying and Mapping on October 20, 1999. ~Adopted by the Board of Directors, National Soci* ety of Professional Surveyors on October 19, 1999. American Land Title Association, 1828 L St., N,W., Suite 705, Washington, D~C. 20036. 1999 ALTA/ACSFt Standards Il for Land Title Surveys American Congress on Surveying and Mapping, 5410 Grosvenor Lane, Bethesda, MD 20814 National Society of h'ofessionat Surveyors, 5410 Grosvenor Lane, Bethesda, MD 20814 TABLE A OPTIONAL S'URVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The items of Table A must be negotiated be- tween the surveyor and client. It may be necessary for the surveyor to qualify or expand upon the description o,f these items, e.g. in reference to Item 6, there ma~/be a need for an interpretation of a restriction. The surveyor cannot make a certification on the basis of an interpreta- tion. If checked, the following optional items are to be in- cluded in the ALTA/ACSM LAND TITLE SURVEY: I.__X Monuments placed (or a reference monument or witness to the comer) at all major corners of the boundary of the property, unless already marked or referenced by an existing monument or wit- ness to the corner. 2. ~ Vicinity map showing the property surveyed in ref- erence to nearby highway(s) or major street intersection(s). 3. X Flood zone designation (with proper annotation based on Federal Flood Insurance Rate Maps or the state or local equivalent, by scaled map loca- tion and graphic plotting only.) 4. ~ Land area as specified by the client. 5.__ Contours and the datum of the elevations. 6.__ Identify and show if possible, setback, height, and floor space area restrictions of record or dis- closed by applicable zoning or building codes (in addition to those recorded in subdivision maps). If none, so state. 7. ~ (a) Exterior dimensions of all buildings at ground level (b) Square footage of: __.(1) exterior footprint of all buildings at ground level (2) gross floor area of all buildings; or __(3) other areas to be defined by the client __ (c) Measured height of all buildings above grade at a defined location, If no defined location is pro- vided, the point of measurement shall be shown. B. --X Substantial, visible improvements (in addition to buildings) such as signs, parking areas or structures, swimming pools, etc. 9. ___X Parking areas and, if striped, the striping and the type (ag. handicapped, motorcycle, regular, etc.) and number of parking spaces. 10. ~X indication of access to a public way such as .... curb cuts and driveways. 11. Logation of utilities (representative examples of which are shown below) existing on or serving the surveyed property as determined by: __(a) Observed evidence X(b) Observed evidence together with plans and markings provided by client, utility companies, and other appropriate sources (with reference as to the source of information) - railroad tracks and sidings; · manholes, catch basins, valve vaults or other surface indications of subterranean uses; · wires and cables (including their function) crossing the surveyed premises, all poles on or within lan feet of the surveyed premises, and the dimensions of all crosswires or overhangs affecting the surveyed premises; and · utility company installations on the surveyed premises. 12. __ Governmental Agency survey-related require- ments as specified by the client. 13, ~ Names of adjoining owners of platted lands. 1,~.'....__ Observable evidence of earth moving work, building construction or building additions within recent months. 15 .... Any changes in street right of way lines either completed or proposed, and available from the controlling jurisdiction. Observable'evidence ol " recent street or sidewalk construction or re- pairs. 16. __Observable evidence of site use as a solid waste dump, sump or sanitary landfill. 17. ACSM BULLETIN NOVEMBER/DECEMBER 1999 23 Mr Dean Re: P5175-Survey of to be Vacated Shoreline Drive in Mound, MN Page 10 September 21,2005 TERMS AND CONDITIONS 1.0 CONSULTANT'S SERVICES. Consultant shall perform the services identified in this Proposal and no others unless othenNise agreed and unless Consultant is paid additional compensation in accordance with this Proposal. 1.1 STANDARD OF CARE. Consultant's services shall be performed based on the standard of reasonable professional care for services similar in scope, schedule, and complexity to the services being provided by the Consultant. ALL WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS PROPOSAL OR OTHERWISE, IN CONNECTION WITH THE CONSULTANT'S SERVICES ARE EXPRESSLY DISCLAIMED. 1.2 SCHEDULE. Time limits established by the schedule identified in the Proposal shall not, except for reasonable cause, be exceeded by Consultant or Client. Consultant's compensation shall be equitably adjusted in the event of delays caused by Client, Client's other consultants, or Client's agents. Fees quoted in the Proposal shall be adjusted if services do not commence within 90 days after the date of the Proposal. 1.3 LIMITATIONS UPON AND EXCLUSIONS FROM RESPONSIBILITY DURING CONSTRUCTION: Whether or not the Consultant provides services during construction: (1) The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. (2) The Consultant shall not have control over, or charge of, and shall not be responsible for: construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, including compliance with State or Federal OSHA requirements. (3) To the fullest extent permitted by law, Client shall defend, indemnify, and hold the Consultant harmless from all loss, damage, liability, cost or expense (including but not limited to reasonable attorneys' fees) arising out of or relating to the failure of the Work to conform to the Drawings and Specifications. 2.0 ADDITIONAL SERVICES. In addition to any other Additional Services listed in the Proposal, the following services are not included in Basic Services and Client shall compensate Consultant for such services, in addition to compensation for Basic Services: (1) Making revisions in Drawings and Specifications or other documents when such revisions are (a) inconsistent with approvals or instructions previously given, (b) the result of adjustments in Client's requirements, (c) required by enactment, interpretation or revision of codes, laws or regulations subsequent to preparation of such documents, (d) required by the failure of Client or Client's consultants to render decisions or to provide necessary information in a timely manner, (e) imposed by municipal or other authorities as a condition for approval of a project, unless the Drawings, Specifications or other documents clearly were not in compliance with applicable law when submitted for approval, or (f) due to or causes not solely within control of Consultant: (2) Providing any Construction Administration Phase services unless otherwise specified in the Proposal: (3) Providing any services excluded from the Scope of Services identified in the Proposal: (4) Providing any other services not otherwise expressly included in this Proposal. 3.0 CLIENT'S REPRESENTATIONS AND RESPONSIBILITIES. Client at its expense shall promptly provide full information and requirements for the Project, including but not limited to all information in Client's possession or otherwise available to Client, Client's consultants, or Client's agents relating to: the design, construction, and actual or intended use of the Project; as-built information regarding existing structures and improvements; existing surveys describing physical characteristics, legal limitations and utility locations for the site of Project; existing soils information and professional recommendations of soils (geotechnical) engineers; mechanical, electrical, plumbing, structural, and (unless otherwise stated in the Proposal) architectural design for the Project; and all other information reasonably requested by Consultant. Consultant shall be entitled to rely upon the accuracy and completeness of all information furnished by Client. Client shall provide information, render decisions, and make approvals promptly. Client shall retain a qualified Contractor to construct the Project. The person signing this agreement on behalf of Client represents and warrants that Client either owns fee title to, or has the legal right to direct Consultant to perform services in connection with, the site of the Project and that there is presently nothing to prevent Consultant from filing a lien against the site of the Project. 4.0 OWNERSHIP AND USE OF DOCUMENTS, Consultant's Drawings, Specifications, and other documents (including CAD files or other information on electronic media) as well as substantially similar and/or derivative documents prepared by using or copying Consultant's intellectual property (collectively referred to as "Documents"), are instruments of Consultant's service for use solely with respect to this Project. Consultant is the author of these Documents and retains all common law, statutory and/or reserved rights, including copyright. The Documents may not be used on other projects, for addition to this Project or for completion of this Project by others. Submission or distribution of the Documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Consultant, as long as Client is not in breach of the Contract. Any use or reuse of Documents will be at the Consultant's sole discretion and at the Client's sole risk. The Documents are intended to work only on Consultant's computer system. The Consultant makes no representation as to the compatibility of the Documents with other systems. 5.0 DISPUTE RESOLUTION, GOVERNING LAW. Any claim, dispute or other matter in question arising out of or relating to this Proposal or breach thereof ("Claim") in which the aggregate amount in controversy exclusive of interest, attorneys' fees and costs, is less than or equal to $50,000 shall be decided by binding arbitration in Minneapolis in accordance with the Construction Industry Rules of the American Arbitration Association. Judgment on any award by the arbitrator(s) shall be enforceable in any court having jurisdiction. Any Claim in which the aggregate amount in controversy, exclusive of interest, attorneys' fees and costs, is greater than $50,000 shall be resolved by litigation in the State Court located within, or the or Federal Court nearest to, Hennepin County, Minnesota. This Proposal shall be governed by Minnesota law, without regard to conflicts of law principles. 6.0 TERMINATION. This Proposal may be terminated by either party upon not less than seven days written notice should the other party fail to perform in accordance with its terms through no fault of the party initiating termination. Mr Dean Re: P5175-Survey of to be Vacated Shoreline Drive in Mound, MN Page 11 September 21, 2005 7.0 MISCELLANEOUS PROVISIONS. (1) Services will be performed based upon limited investigations and no destructive or invasive testing techniques will be employed, unless otherwise agreed in writing. (2) The Client and Consultant have discussed the risks, rewards, and benefits of the Project and Consultant's total fee for its services. The risks have been allocated such that to the fullest extent permitted by law, CONSULTANT'S TOTAL LIABILITY TO CLIENT FOR ANY LOSS, CLAIM OR DAMAGE ARISING OUT OF THE NEGLIGENCE OR OTHER LEGAL FAULT OF CONSULTANT IN PERFORMING ITS SERVICES SHALL BE LIMITED TO THE GREATER OF (I) $20,000; OR (11) THE AMOUNT STATED IN THIS PROPOSAL AS COMPENSATION FOR CONSULTANT'S BASIC SERVICES, OR (Ill) THE LIMITS OF ANY INSURANCE AVAILABLE TO THE CONSULTANT. Client may eliminate this limitation on liability by notifying Consultant in writing pdor to commencement of Consultant's services and tendering, with such written notice, a one-time payment equal to twenty percent (20%) of the amount identified in the Proposal as the Consultant's Basic Compensation. (3) In no event shall Consultant be liable for damages for loss of profits, loss of use, loss of revenue, or any or special, indirect or consequential damages of any kind. (4) This Proposal represents the entire and integrated agreement between Client and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. (5) This Proposal may be amended by written instrument signed by both Client and Consultant or, in the case of Additional Services, by a written confirmation from Consultant to which Client does not object within ten (10) working days. 8.0. PAYMEN'I:S TO CONSULTANT. Payments are due upon presentation of Consultant's invoices. If Payments are not made within thirty (30) days after date of invoice, a SERVICE CHARGE OF ONE AND ONE-HALF (1.5) PERCENT PER MONTH (18% PER ANNUM) or the maximum rate permitted by law, whichever is greater, will be charged on any unpaid balance. Service charges may be compounded. 8.1 NOTICE OF LIEN RIGHTS (MINNESOTA). (A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. 9.0 BASIS OF COMPENSATION. Client shall compensate Consultant as set forth in the Proposal. If the Scope of or schedule for Consultant's Services is changed materially, the compensation shall be equitably adjusted. Rates and multiples for Additional Services and other services as set forth in the Proposal shall be adjusted annually in accordance with normal salary review practices of Consultant. For Additional Services of Consultant, compensation shall be an hourly rate as defined in the Proposal, plus Reimbursable Charges; or, if agreed by Client and Consultant in writing, a lump sum amount. For additional services of Consultant's consultants, compensation will be1.15 times the amount billed to Consultant for such services, plus Reimbursable Charges. For Reimbursable Charges, the Consultant shall be compensated for out-of- pocket expenditures incurred in connection with the services identified in this Proposal, based on 1.15 times actual costs incurred. In addition to other expenses, Consultant will be reimbursed for any applicable sales, use, or similar taxes related to services or products provided under this Proposal, which may be imposed by any governmental entity. 10.0 DELAYED PAYMENT; PAYMENT DISPUTES. 10,1 CONDITIONS PRECEDENT TO WITHHOLDING PAYMENT. The Client may not withhold any payments to the Consultant unless the basis of (including all particulars) and amount in dispute are identified and presented in wdting to the Consultant not later than the twanty- fifth (25th) calendar day after presentation of the disputed invoice, Objections to invoices not made within this time period are deemed waived. Unless Client proceeds in accordance with this Section 10.1, Client's failure to pay any invoice within thirty (30) calendar days after presentation of Consultant's invoice shall constitute just cause for the suspension of services and the withholding of all deliverables by the Consultant. Client will pay all of Consultant's costs of collection, including: internal labor costs at the Additional Services rate; reasonable attorneys' fees; and litigation and arbitration costs and fees, in the event Client fails to make timely payment to Consultant in violation of this contract. External fees, costs, and expenses incurred under this clause will be reimbursed at the rate specified in the Proposal for external reimbursable expenses. 10.2 NOTICE OF CLAIMED ERRORS OR OMISSIONS. Client shall provide written notice, including all known particulars, to Consultant of any claimed errors or omissions in Consultant's services not later than 60 calendar days after Client becomes aware, or in the exercise of reasonable diligence should have become aware, of the existence of such error or omission. Client's failure to provide such notice within the time stated shall constitute an irrevocable waiver of any and all claims, counterclaims, defenses, setoffs, or recoupments Client might have in connection with any such alleged error or omission. In the event Client asserts a claim in violation of this paragraph, or in the event that any other error and omission claim asserted by Client is determined to be without substantial merit, Client shall pay all of Consultant's: internal labor costs at the Additional Services rate; reasonable attorneys' fees; expenses; and arbitration and litigation costs incurred in investigating and defending such claim. External fees, costs, and expenses incurred under this clause will be reimbursed at the rate specified in the Proposal for external reimbursable expenses. 10.3' ERRORS OR OMISSIONS OF CLIENT'S CONSULTANTS. If Client has separately retained other design professionals Client agrees to the fullest extent permitted by law to defend, indemnify, and hold the Consultant harmless from all loss, damage, liability, cost or expense (including but not limited to reasonable attorneys' fees) adsing out of or relating to (a) the negligent acts or omissions of such other design professionals, and/or (b) the failure of such other design professionals to carry or maintain professional liability insurance in an amount adequate to protect Client and Consultant from loss. CITY OF MOUND RESOLUTION NO. 05- RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ON 2005 STREET RECONSTRUCTION PROJECT WHEREAS, a contract has been let for the 2005 Street Reconstruction Project and the construCtion cost for such improvement is $1,750,000, and the expenses incurred or to be incurred in the making of such improvement amount is $420,000 so that the total cost of the improvement will be $2,170,000. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound: The portion of the cost of such improvement to be paid by the City is hereby declared to be $1,300,000 and the portion of the cost to be assessed against benefited property owners is declared to be $870,000. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2006, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. The City Clerk, with the assistance of the Consulting Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council this 27th day of September, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel CITY OF MOUND RESOLUTION NO. 05- RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 2005 STREET RECONSTRUCTION PROJECT WHEREAS, by a resolution passed by the Council on September 27, 2005, the City Clerk was directed to prepare a proposed assessment of the cost of the 2005 Street Reconstruction Project, AND WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A hearing shall be held on the 25th day of October, 2005, in the City Hall at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall .also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Mound, except that no interest shall be charged if the entire assessment is paid with 30 days from the adoption of the assessment. The property owner may at any time thereafter, pay to the City of Mound the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before NoVember 15th or interest will be charged through December 31st of the succeeding year. Adopted by the City Council this 27th day of September, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel