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2013-02-26 CC Agenda PacketPLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. ' i MOUND CITY COUNCIL GULAR MEETING TUESDAY, FEB 26, 2013 - 7:00 P MOUND CITY COUNCIL CHAMBERS *Consent A eg,_nda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Page 1. Open meeting 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. *Consent A egenda *A. Approve payment of claims 364-394 *B. Approve minutes: Feb 11, 2013 special Joint Planning Commission 395-396 Feb 12, 2013 regular meeting 397-401 *C. Approve application and permit for Temporary On -Sale 3.2 Malt Liquor 402 for the Knights of Columbus March 1, 2013 fund raising event. *D. Approve Resolution Approving Second Amendment To Water Structure 403-406 Space Lease Agreement with T -Mobile Central LLC to Premises Located at 6125 Evergreen Lane *E. Woodlyn Ridge Subdivision 407 1. Approve Resolution Amending Resolution No. 10-38 for the Woodlyn 408 Ridge Subdivision at 6301 Lynwood Boulevard to Correct Typographical Errors in Legal Descriptions 2. Approve Resolution Rescinding Resolution No. 08-16 and Adopting 409-412 a New Resolution Approving the Planned Development Area -Conditional Use Permit for Woodlyn Ridge the Property at 6301 Lynwood Boulevard 3. Approve Resolution Rescinding Resolution No. 10-33 and Adopting 413-424 a New Resolution Approving Modified Final Plat for Woodlyn Ridge for the Property at 6301 Lynwood Boulevard 4. Approve Resolution to Approve the Development Agreement with 425-456 Woodlyn, LLC for the Woodlyn Ridge Subdivision Located at 6301 Lynwood Boulevard PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. *I. Adopt Resolution Approving Plans and Specifications and Ordering 457-459 Advertisement for Bids for the 2013 Street, Utility and Retaining Wall Improvement Project — Southeast Island Area (PW -13-01), and Woodlyn Ridge (PW -13-05) 7. Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker) 8. Dan Faukner, City Engineer, requesting action on a Resolution Receiving Report 460-464 and Authorizing Preparation of Plans and Specifications and Ordering Advertisement for Bids for 2013 Lift Station Reconstruction Project 9. Dick Osgood, Executive Director of the Lake Minnetonka Association 465-466 a. Summarizing results of 2012 Milfoil Treatment Program b. Requesting funding for 2014 program 9. Information/Miscellaneous A. Comments/reports from Councilmembers/City Manager B. Minutes: DCC Meeting 01/17/13 467-469 C. Reports: BMI 12/31/12 YTD Billable Hours 470 BMI comments on Minnehaha Creek Watershed District's (MCWD) draft Rules: 471-485 Appropriations Rule; Illicit Discharge Detection & Elimination Rule. D. Correspondence: Notice of proposed Xcel Energy rate increase 486-489 10. Adjourn Note: This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas maybe viewed at City Hall or at the City of Mound web site: www. cifjnound. com. ity of Mound Claims 02-26-13 YEAR BATCH NAME DOLLAR AMOUNT 212 2012CITYAP9 $ 43,995.08 ♦, l 1 1: t r 171432.70 $ 941477.71 $ 355.71 iTOTAL CLAIMS S:\FINANCE DEPT\AP\CITY COUNCIL CLAIMS LISI ING ZU1i.XISx -364- 127,177.60 . 25 $ 31242.55 $ 61,616.00 $ 21525.80 iTOTAL CLAIMS S:\FINANCE DEPT\AP\CITY COUNCIL CLAIMS LISI ING ZU1i.XISx -364- MOUND, 02/13/13 11:35 AM Page 1 Payments OF MOUND Current Period: Closing 2012 Batch Name 2012CITYAP9 User Dollar Amt $43,995.08 Payments Computer Dollar Amt $43,995.08 $0.00 In Balance Refer 1 BOLTONAND MENK, INCORPORA AP Payment E 602-49450-300 Professional Srvs I & I ANALYSIS; 2011 CIPP PROJECT SVCS $625.00 THRU DEC 312012 Invoice 0154242 1/31/2013 AP Payment E 402-43120-300 Professional Srvs MSA SYSTEM UPDATE SVCS THRU DEC 31 $852.00 2012 Invoice 0154248 1/31/2013 AP Payment E 401-43101-300 Professional Srvs Invoice 0154252 1/31/2013 AP Payment E 401-43127-300 Professional Srvs Invoice 0154255 1/31/2013 AP Payment E 675-49425-300 Professional Srvs Invoice 0154259 1/31/2013 AP Payment E 602-49450-500 Capital Outlay FA Invoice 0154261 1/31/2013 AP Payment E 401-43112-300 Professional Srvs Invoice 0154268 1/31/2013 AP Payment E 602-49450-500 Capital Outlay FA Invoice 0154271 1/31/2013 AP Payment E 675-49425-300 Professional Srvs Invoice 0154239 1/31/2013 AP Payment E 101-43100-300 Professional Srvs Invoice 0154236 1/31/2013 AP Payment E 602-49450-300 Professional Srvs 2011 SW ISLAND STREET PROJ PW11-01 ENGINEER SVCS THRU DEC 312012 Project PW1101 2011 HIGHLANDS STREET PROD PW11-02 ENGINEER SVCS THRU DEC 31 2012 Project PW1102 SURFACE WATER MGMT SVCS THRU DEC 31 2012 2010 LIFT STATION IMPROV PROJECT ENGINEERING SVCS THRU DEC 31 2012 2012 NORTH ISLAND STREET PROD. PW 12- 01 ENGINEERING SVCS THRU DEC 31 2012 Project PW1201 2012 LIFT STATION PROJECTS PW12-03 ENGINEERING SVCS THRU DEC 312012 Project PW1203 WCA ADMINISTRATION STORMWATER SVCS THRU DEC 31 2012 GENERAL ENGINEERING SVCS THRU DEC 312012 SANITARY SEWER ENGINEERING SVCS THRU DEC 31 2012 Invoice 0154236 1/31/2013 AP Payment G 101-23245 4839/4851 SHORELINE #11- SHORELINE DR. SUBDV PLAN REVIEW & ENGINEER SVCS THRU DEC 312012 Invoice 0154245 1/31/2013 AP Payment G 101-23267 Adult Day Serv. PC#12-22 Invoice 0154245 1/31/2013 AP Payment E 401-43113-303 Engineering Fees Invoice 0154272 1/31/2013 AP Payment E 601-49400-500 Capital Outlay FA Invoice 0154266 1/31/2013 AP Payment E 602-49450-500 Capital Outlay FA Invoice 0154277 1/31/2013 SOJOURN ADULT DAY CARE CUP DEVELOP REVIEW & ENGINEERING SVCS THRU DEC 312012 2013 STREET, UTILITY IMPROV PROD. PW13- 01 ENG SVCS THRU DEC 31 2012 Project PW1301 WATERMAIN LOOP ISLAND DR TO WINDSOR RD PW 12-07 ENGINEER SVCS THRU DEC 312012 Project PW1207 2013 STREET, UTILITY IMPROV PROD. PW13- 03 ENG SVCS THRU DEC 31 2012 Project PW1303 -365- $786.00 $426.00 $1,032.00 $322.00 $2,524.00 $1,902.00 $43.50 $358.50 $552.00 $262.00 $71.00 $27,059.00 $29.00 $3,328.00 Pre -Written Check $0.00 Checks to be Generated by the Computer $43,995.08 Total $43,995.08 -366- MOUND, 02/13/13 11:35 AM /�...---- ay�ilLtlt,S Page 2 402 MUNICIPAL ST AID ST CONSTUCT $852.00 601 WATER FUND $29.00 602 SEWER FUND $7,405.00 CITY OF MOUND $58.58 675 STORM WATER UTILITY FUND Current Period: Closing 2012 AP Payment E 675-49425-500 Capital Outlay FA 2013 STREET, UTILITY IMPROV PROJ. PW13- $2,733.50 04 ENG SVCS THRU DEC 31 2012 Invoice 0154286 1/3112013 Project PW1304 AP Payment E 401-43213-303 Engineering Fees 2013 STREET, UTILITY IMPROV PROJ. PW13- $355.00 05 ENG SVCS THRU DEC 31 2012 Invoice 0154275 1/31/2013 Project PW1305 AP Payment E 602-49450-500 Capital Outlay FA 2013 STREET, UTILITY IMPROV PROJ. PW13- $534.00 06 ENG SVCS THRU DEC 31 2012 Invoice 0154274 1/31/2013 Project PW1306 AP Payment E 602-49450-300 Professional Srvs MCES FLOWS/CITY CHARGES THRU DEC 31 $142.00 2012 Invoice 0154250 1/31/2013 Transaction Date 2/13/2013 Due 12/31/2012 Accounts Payable 20200 Total $43,936.50 Refer 2 G & K SERVICES _ AP Payment E 609-49750-460 Janitorial Services MAT SVC 12-24-12 $58.58 Invoice 1006288394 12/24/2012 Transaction Date 2/13/2013 Due 12/31/2012 Accounts Payable 20200 Total $58.58 Pre -Written Check $0.00 Checks to be Generated by the Computer $43,995.08 Total $43,995.08 -366- 20200 Accounts Payable 101 GENERAL FUND $691.50 401 GENERAL CAPITAL PROJECTS $31,150.00 402 MUNICIPAL ST AID ST CONSTUCT $852.00 601 WATER FUND $29.00 602 SEWER FUND $7,405.00 609 MUNICIPAL LIQUOR FUND $58.58 675 STORM WATER UTILITY FUND $3,809.00 $43,995.08 Pre -Written Check $0.00 Checks to be Generated by the Computer $43,995.08 Total $43,995.08 -366- _ MOUND, 02/21/13 11:01 AM Payments Page 1 CITY OF MOUND Current Period: January 2013 Batch Name JAN13-ELANCC User Dollar Amt $4,909.76 Payments Computer Dollar Amt $4,909.76 Refer 44 ELAN CREDIT CARD Cash Payment E 101-41310-210 Operating Supplies $0.00 In Balance CELL PHONE ACCESSORIES- K. HANSON- FOLDING TRAVEL CHARGER & USB CAR CORD CHARGER Invoice 01232013 1/23/2013 Cash Payment E 101-42110-430 Miscellaneous ST CLOUD FLORAL- FUNERAL ARRANGEMENT- WOCKEN FAMILY Invoice 01232013 1/23/2013 Cash Payment E 101-41500-212 Motor Fuels CITY CAR- TAURUS FUEL SUPER AMERICA - C PAUSCHE Invoice 01232013 1/23/2013 Cash Payment E 222-42260-210 Operating Supplies ANNUAL FIREFIGHTER RECOGNITION CHALLENGE COINS- OUR DESIGNS.COM Invoice 01232013 1/23/2013 Cash Payment E 602-49450-434 Conference & Training REFUND SEMINAR FEE- R. HANSON COLLECTION SYSTEMS BASIC SEMINAR Invoice 01232013 1/23/2013 Cash Payment E 602-49450-434 Conference & Training REFUND SEMINAR FEE- M. MORRIS COLLECTION SYSTEMS BASIC SEMINAR Invoice 01232013 1/23/2013 Cash Payment E 101-43100-221 Equipment Parts BROWNS CAR WASH- CHANHASSEN R. HANSON Invoice 01232013 1/23/2013 Cash Payment E 101-41910-210 Operating Supplies NEW REMOTES INC- 2 PANASONIC REMOTES FOR CC CHAMBER Invoice 01232013 1/23/2013 Cash Payment E 101-41110-430 Miscellaneous V & S JEWELRY- COUNCILOR OSMEK, 2 PARKS & 1 DOCKS COMMISSIONER RETIREMENT ENGRAVED CLOCKS Invoice 01232013 1/23/2013 Cash Payment E 101-42110-430 Miscellaneous Invoice 01232013 1/23/2013 Cash Payment E 101-42400-431 Meeting Expense Invoice 01232013 1/23/2013 Cash Payment E 101-41310-431 Meeting Expense Invoice 01232013 1/23/2013 Cash Payment E 609-49750-431 Meeting Expense Invoice 01232013 1/23/2013 Cash Payment E 609-49750-431 Meeting Expense Invoice 01232013 1/23/2013 Cash Payment E 609-49750-200 Office Supplies Invoice 01232013 1/23/2013 Cash Payment E 101-42110-321 Telephone & Cells Invoice 01232013 1/23/2013 V & S JEWELRY- S. HAWKS RETIREMENT WATCH HAZELWOOD GRILL DEVELOPMENT MTG S. SMITH HAZELWOOD GRILL DEVELOPMENT MTG K. HANSON HWS STAFF HOLIDAY LUNCH- CARBONE'S 12-24-12 HWS STAFF HOLIDAY LUNCH- CARBONE'S 12-31-12 OFFICE MAX-ASTROBRITE COPY PAPER, DESK PAD, TAPE, CARD STOCK HWS I+dPiSri��il_larS�i�iPII1►��:��I��.y��1C�3�J7 -367- $51.48 $60.12 $39.07 $14.99 -$300.00 -$300.00 $9.00 $127.85 $367.27 $160.92 $21.78 $21.77 $64.35 $64.35 $91.13 $35.97 ® , 02/21/13 11:01 AM Page 2 payments 1 CITY OF MOUND Current Period: January 2013 Cash Payment E 101-45200-220 Repair/Maint Supply NORTHERN TOOL - WOOD DOLLY, $90.27RATCHET, GLOVES Invoice 01232013 1/23/2013 Cash Payment E 101-41920-210 Operating Supplies NAVARRE TRUE VALUE- ERIES FOR WIRELESS ITEMS ENT AA $6.43 Invoice 01232013 1/23/2013 Cash Payment E 281-45210-322 Postage USPS -138 POSTCARDS MAILED TO 2012 $44.16 DOCK PROGRAM WAIT LIST Invoice 01232013 1/23/2013 Cash Payment E 222-42260-210 Operating Supplies Invoice 01232013 1/2312013 Cash Payment E 222-42260-210 Operating Supplies Invoice 01232013 1/23/2013 Cash Payment E 222-42260-210 Operating Supplies Invoice 01232013 1/23/2013 PO 24220 Gash Payment E 222-42260-210 Operating Supplies ANNUAL FIREFIGHTER RECOGNITION CHALLENGE COINS- OUR DESIGNS.COM FIREFIGHTER RECOGNITION- CREDIT -OUR DESIGNS.COM BEST BUY.COM 32" INSIGNIA LCD WALLMOUNT TV - FIRE DEPT 911 CAD PAGE SYSTEM MY CABLE MART- HDTV DIGITAL IN/OUTDOOR ANTENNA, TILT TV WALL MOUNT, 3 FT MICRO HDMI TO HDMI CABLE - FIRE DEPT. Invoice 01232013 1/23/2013 PO 24223 Cash Payment E 222-42260-434 Conference & Training CARD- 8 AT $ 85/PP OFFICER TRAINING- BLUE Invoice 01232013 1/23/2013 Cash Payment E 601-49400-455 Permits Invoice 01232013 1/23/2013 Cash Payment E 601-49400-455 Permits Invoice 01232013 1/23/2013 Cash Payment E 601-49400-455 Permits UTILITY PERMIT HENNP CTY 12-18-12 WATERMAIN BREAK REPAIRS BARTLETT & LAKEWOOD UTILITY PERMIT HENNP CTY 12-18-12 WATERMAIN BREAK REPAIRS COMMERCE BLVD UTILITY PERMIT HENNP CTY 12-21-12 WATERMAIN BREAK REPAIRS 5425 BARTLETT $119.61 -$0.06 $223.80 $66.64 $3,080.00 $215.00 $215.00 $215.00 Invoice 01232013 1/23/2013 Cash Payment E 601-49400-500 Capital Outlay FA NAATL SEPRODUCTS- TRUCK #512 VEHICLE $103.86 Invoice 01232013 1/23/2013 Wells Fargo 10100 Total $4,909.76 Transaction Date 2/21/2013 -368- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND Current Period: January 2013 10100 Wells Fargo $991.93 $3,504.98 $44.16 $748.86 ($600.00) $219.83 $4,909.76 Pre -Written Check $0.00 Checks to be Generated by the Computer $4,909.76 Total $4,909.76 -369- 02/21/13 11:01 AM Page 3 ITT OF MOUND Batch Name 020813CTYMAN Payment Current Period: February 2013 Computer Dollar Amt $17,432.70 Posted 02/08/13 3:45 PM Page 1 Refer 2 ALLIED WASTE Ck# 042948 2/8/2013 E 101-41910-384 Refuse/Garbage Disposa FEB 2013 GARBAGE SERVICE CITY HALL $118.15 Cash Payment Invoice 0894-003086400 1/25/2013 Cash Payment E 602-49450-384 Refuse/Garbage Disposa FEB 2013 GARBAGE SERVICE PW Invoice 0894-003089225 1/25/2013 Project 13-3 Cash Payment E 101-45200-384 Refuse/Garbage Disposa FEB 2013 GARBAGE SERVICE PARKS $113.59 $203.17 Invoice 0894-003086931 1/25/2013 Cash Payment E 222-42260-384 Refuse/Garbage Disposa FEB 2013 GARBAGE SERVICE FIRE $114.01 Invoice 0894-003089223 1/25/2013 Cash Payment E 101-42110-384 Refuse/Garbage Disposa FEB 2013 GARBAGE SERVICE POLICE $114.01 Invoice 0894-003089223 1/25/2013 Transaction Date 2/6/2013 Due 0 Wells Fargo 10100 Total $662.93 Refer m 3 ALLIED WASTE Ck# 042948 2/8/2013 E 670-49500-440 Other Contractual Servic JANUARY 2013 CITYWIDE RECYCLING SVC $12,991.77 Cash Payment Invoice 0894-003086029 1/25/2013 Transaction Date 2/6/2013 Due 0 Wells Fargo 10100�p Total $12,991.77 Refer . Cash Payment 1 BOYER FORD TRUCKS Ck# 042949 2/8/2013 E 601-49400-438 Licenses and Taxes TRUCKITTAX ON'13 FORD F150 PICKUP $20.00 Invoice F33019 Cash Payment 2/5/2013 PO 24083 R 601-49400-39101 Sales of General Fixe TRADE IN CREDIT'08 DODGE DAKOTA -$14,000.00 Invoice F33019 Cash Payment 2/5!2013 PO 24083 R 601-49400-39101 Sales of General Fixe TRADE IN CREDIT 107 DODGE DAKOTA -$12,000.00 Invoice F33019 Cash Payment 215/2013 PO 24083 E 601-49400-500 Capital Outlay FA 2013 FORD F150 PICKUP TRUCK $29,518.00 Invoice F33019 Transaction Date 2/5/2013 PO 24083 2/7/2013 Due 0 Wells Fargo 10100 Total $3,538.00 Refer 6 ELLANSON, NICOLE Ck# 042950 2/8/2013 G 101-22803 Police Reserves pUT POLICE REELSERVE EMERGENCY CALL $120.00 Cash Payment Invoice 020813 Transaction Date 2/1/2013 2/8/2013 Due 0 Wells Fargo 10100 Total $120.00 Refer Cash Payment 7 MARTIN, EVAN Ck# 042951 2/8/2013 G 101-22803 Police Reserves 2012 OUT PAY!CE. MARTRNVE EMERGENCY CALL $10.00 Invoice 020813 Transaction Date 2/1/2013 2/8/2013 Due 0 Wells Fargo 10100 Total $10.00 Refer Cash Payment N EDHAR� JOSHUA Ck# 042952 218/2013 G 101-22803 Police Reserves 2012 OUT PO ICJ NESERVE EMERGENCY CALL $10.00 Invoice 020813 Transaction Date 2/1/2013 2/8/2013 Due 0 Wells Fargo 10100 Total $10.00 Refer 4 SIMON, STEWART Ck# 042953 2/8/2013 -370- MOUND, MN 02/08/13 3:45 PM Page 2 Payments CITY OF MOUND Current Period: February 2013 Cash Payment G 101-22803 Police Reserves 2012 POLICE RESERVE EMERGENCY CALL $90,00 OUT PAY - S. SIMON Invoice 020813 2/1/2013 Transaction Date 2/8/2013 Due 0 Wells Fargo 10100 Total $90,00 ii;Ter 5 SPANJERS, PHILLIP Ck# 042954 2/8/2013 Cash Payment G 101-22803 Police Reserves 2012 POLICE RESERVE EMERGENCY CALL $10.00 OUT PAY - P. SPANJERS Invoice 020813 2/112013 Transaction Date 2/8/2013 Due 0 Wells Fargo 10100 Total $10.00 Fund Summary 10100 Wells Fargo 670 RECYCLING FUND $12,991.77 602 SEWER FUND $113.59 601 WATER FUND $3,538.00 222 AREA FIRE SERVICES $114.01 101 GENERAL FUND $675.33 Pre -Written Check Checks to be Generated by the Computer Total $17,432.70 $17,432.70 $0.00 $17,432.70 -371- a iCITY OF MOUND Batch Name 0213CITYMAN Payments Refer 1 GMHASPHALT Current Period: February 2013 User Dollar Amt $94,477.71 Computer Dollar Amt $94,477.71 $0.00 In Balance 02/13/13 10:23 AM Page 1 Cash Payment E 401-43112-500 Capital Outlay FA PAY REQUEST #8 WORK 12-1-12 THRU 2-1- $85,679.73 13 - 2012 STREET IMPROV PROJ PW12-01 Invoice 02132013 2/612013 Project PW1201 Cash Payment E 602-49450-500 Capital Outlay FA PAY REQUEST #8 WORK 12-1-12 THRU 2-1- $4,717.17 13 - 2012 STREET IMPROV PROJ PW12-03 Invoice 02132013 2/6/2013 Project PW1203 Cash Payment E 401-43110-500 Capital Outlay FA PAY REQUEST #8 WORK 12-1-12 THRU 2-1- $4,056.81 13 - 2012 STREET IMPROV PROJ PW12-04 Invoice 02132013 2/6/2013 Project PW1204 Transaction Date 2/1312013 Wells Fargo 10100 Total $94,453.71 Refer 2M MINNESOTA DEPT MOTOR VEHIC _ Cash Payment E 222-42260-430 Miscellaneous Invoice 02132013 2/12/2013 8 "FIRE" PLATES FOR EMERGENCY VEHICLES $24.00 Transaction Date 2/13/2013 Wells Fargo 10100 Total $24.00 Fund Summary 10100 Wells Fargo 222 AREA FIRE SERVICES $24.00 401 GENERAL CAPITAL PROJECTS $89,736.54 602 SEWER FUND $4,717.17 $94,477.71 Pre -Written Check $0.00 Checks to be Generated by the Computer $94,477.71 Total $94,477.71 -372- MOUND, MN 02/20/13 11:35 AM \� Page 1 Payments CITE` OF MOUND Current Period: February 2013 Batch Name USPST2-20-13 User Dollar Amt $355.71 Payments Computer Dollar Amt $355.71 $0.00 In Balance Refer 28 MOUND POST OFFICE Cash Payment E 601-49400-322 Postage FEBRUARY 2013 UTILITY BILLING POSTAGE $177.86 Invoice 02202013 2/20/2013 Cash Payment E 602-49450-322 Postage FEBRUARY 2013 UTILITY BILLING POSTAGE $177.85 Invoice 02202013 2/20/2013 Transaction Date 2/20/2013 Wells Fargo 10100 Total $355.71 Fund Summary 601 WATER FUND 602 SEWER FUND 10100 Wells Fargo $177.86 $177.85 Pre -Written Check $0.00 Checks to be Generated by the Computer $355.71 Total $355.71 $355.71 -373- MOUND, MN 02/22/13 9:14 AM Page 1 Payments CITY OF MOUND Current Period: February 2013 Batch Name FEB13-ELANCC User Dollar Amt $6,815.46 Payments Computer Dollar Amt $6,815.46 $0.00 In Balance Refer 2 ELAN CREDIT CARD _ Cash Payment E 101-41310-430 Miscellaneous WALGREENS- CARDS- B.BUNN, $4.81 RETIREMENT D. MOONEYMPATHY Invoice 02252013 2/25/2013 Cash Payment E 602-49450-212 Motor Fuels CITY CAR- TAURUS FUEL SUPER AMERICA $39.68 Invoice 02252013 2/25/2013 Project 13-3 Cash Payment E 101-42400-431 Meeting Expense HAZELWOOD GRILL DEVELOPMENT MTG S. $19.35 SMITH Invoice 02252013 2/25/2013 Cash Payment E 101-41310-431 Meeting Expense HAZELW000 GRILL DEVELOPMENT MTG K. $19.35 HANSON Invoice 02252013 2/25/2013 Cash Payment E 281-45210-322 Postage USPS - 210 POSTCARD STAMPS- MAIL DCC $69.30 VACANCY NOTICE TO NON -ABUTTERS Invoice 02252013 2/25/2013 Cash Payment E 222-42260-325 Pagers -Fire Dept. $11- CTIVE9112 $495.00 AGENCY MO SUAGER PTIO@ Invoice 02252013 2/25!2013 Cash Payment E 101-49999-430 Miscellaneous DOOR REMOTES ONLINE- PD TRANSITION $252.45 COSTS Invoice 02252013 2/25/2013 Project PS2012 Cash Payment E 222-42260-210 Operating Supplies BESTDEPT- OMPUTER Y-FI $788.41 PAD MINIIRE , H PRINTER, DIGITAL AV ADAPTER, HDMI CABLE Invoice 02252013 2/25/2013 PO 24231 Cash Payment E 222-42260-210 Operating Supplies -REPLACEMENT LAMP MODULE $168.00 FAMAZONIRE D Invoice 02252013 2/25/2013 Cash Payment E 222-42260-434 Conference & Training BSHIFTER - FIRE OFFICER TRAINING- 4 @ $1,540.00 $385 BLUE CARD -J. ANDERSON, G PALM, T. PALM, J.LARSON Invoice 02252013 2/25/2013 Cash Payment E 601-49400-455 Permits UTILITY 3 $215.00 WATERMAIN BIREAK REPAIRS5800 LYNWOOD Invoice 02252013 2/25/2013 Cash Payment E 601-49400-455 Permits UTILITY 13 $215.00 WAT MAIN BIREAK REPAIR 5569 BARTLETT BLVD Invoice 02252013 2/25/2013 Cash Payment E 602-49450-220 Repair/Maint Supply NORTHERNSAFETY . TY _ E $183.96 D LE CO 004 Invoice 02252013 2/25/2013 Project 13-3 Cash Payment E 602-49450-210 Operating Supplies BLUEPRINT RACK, HANGING $954.29 CLAMPS- POB WKS B Invoice 02252013 2/25/2013 Project 13-3 Cash Payment E 101-43100-221 Equipment Parts SYSTEMS- SALT SPREADER221.40 HOW ULC MOTOR REBUWER ILD KIS Invoice 02252013 2/25/2013 -374- MOUND, 02/22/13 9:14 AM s Page 2 Payments CITY OF MOUND Current Period: February 2013 Cash Payment E 222-42260-434 Conference & Training BSHIFTER - FIRE OFFICER TRAINING- 2 @ $770.00 $385 BLUE CARD- B. GORMAN, B. GOTTSCHALK Invoice 02252013 2/25/2013 Cash Payment E 222-42260-434 Conference & Training IAAI FIRE INVESTIGATION CONF REG. ST. $250.00 CLOUD- T. MYERS - MARCH 27-29 2013 Invoice 02252013 2/25/2013 Cash Payment E 222-42260-434 Conference & Training HOLIDAY INN ST. CLOUD- T. MYERS IAAI $179.70 FIRE INBESTIGATION CONF- MARCH 27-29 2013 Invoice 02252013 2/25/2013 Cash Payment E 222-42260-200 Office Supplies SCHWAAB, PRE INKED STAMPS FIRE DEPT. $128.73 Invoice 02252013 2/25/2013 Cash Payment E 222-42260-401 Building Repairs ACME ELECTRONICS- AEI REPAIR BOGEN $148.05 V250 - FIRE DEPT Invoice 02252013 2/25/2013 Cash Payment E 222-42260-409 Other Equipment Repair PUB SAFETY VACUUM REPAIR- REPLACE $76.49 TRANNY PEDAL, NEW BELT, BAG, BULB & EXTENSIVE CLEAN Invoice 02252013 2/25/2013 Cash Payment E 101-42110-409 Other Equipment Repair PUB SAFETY VACUUM REPAIR- REPLACE $76.49 TRANNY PEDAL, NEW BELT, BAG, BULB & EXTENSIVE CLEAN Invoice 02252013 2/25/2013 Transaction Date 2/21/2013 Wells Fargo 10100 Total $6,815.46 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $593.85 222 AREA FIRE SERVICES $4,544.38 281 COMMONS DOCKS FUND $69.30 601 WATER FUND $430.00 602 SEWER FUND $1,177.93 $6,815.46 Pre -Written Check $0.00 Checks to be Generated by the Computer $6,815.46 Total $6,815.46 -375- CITY OF MOUND Batch Name 022613CITY Payments TIC611INWIT11,1111 02/22/13 9:55 AM Page 1 Current Period: February 2013 User Dollar Amt $127,177.60 Computer Dollar Amt $127,177.60 Refer 23 ASSURED SECURITY Cash Payment E 101-41910-401 Building Repairs Invoice 65633 2/8/2013 $0.00 In Balance REKEY CITY HALL FRONT DOORS - KEY TO $124.31 WESTONKA HISTORICAL SOCIETY Transaction Date 2/20/2013 Wells Fargo 10100 Total $124.31 Refer 52 BERRY COFFEE COMPANY Cash Payment E 222-42260-210 Operating Supplies COFFEE, CREAMER $103.00 Invoice 1074522 2/20/2013 Transaction Date 2/21/2013 Wells Fargo 10100 Total $103.00 Refer 24 BOYER FORD TRUCKS Cash Payment E 601-49400-500 Capital Outlay FA Invoice F33019-MISC 2/13/2013 2013 FORD F150 ACCESSORIES- SPRAY IN $1,496.25 BED LINER, SOFT COVER, RUNNING BOARDS Transaction Date 2/20/2013 Wells Fargo 10100 Total $1,496.25 Refer49 BUTLER, DEBORAH _ Cash Payment R 601-49400-36200 Miscellaneous Revenu REFUND UTILITY BILL OVERPYMT- 4848 TUXEDO BLVD- D. BUTLER Invoice 02262013 2/21/2013 $260.10 Transaction Date 2/21/2013 Wells Fargo 10100 Total $260.10 Refer 46 CARDIAC SCIENCE, INC. Cash Payment E 101-42110-210 Operating Supplies POWERHEART ASD G3 BATTERY $245.00 Invoice 1558913 2/15/2013 PO 24142 Transaction Date 2/21/2013 Wells Fargo 10100 Total $245.00 Refer4 13 CENTERPO/NT ENERGY (M/NNEG _ Cash Payment E 101-45200-383 Gas Utilities GAS SERVICE 12-18 THRU 1-21-2013 DEPOT $275.29 BLDG Invoice 02262013 2/8/2013 Cash Payment E 101-45200-383 Gas Utilities GAS SERVICE 12-18 THRU 1-21-2013 PARKS $1,191.09 BLDG Invoice 02262013 2/8/2013 Cash Payment E 101-41910-383 Gas Utilities GAS SERVICE 12-18 THRU 1-21-2013 CITY $1,131.95 HALL Invoice 02262013 2/8/2013 Cash Payment E 602-49450-383 Gas Utilities Invoice 02262013 2/8/2013 Cash Payment E 609-49750-383 Gas Utilities Invoice 02262013 2/8/2013 Cash Payment E 101-42110-383 Gas Utilities Invoice 02262013 2/8/2013 Cash Payment E 222-42260-383 Gas Utilities Invoice 02262013 2/8/2013 GAS SERVICE 12-18 THRU 1-21-2013 PUB $1,667.41 WKS BLDG Project 13-3 GAS SERVICE 12-18 THRU 1-21-2013 HWS $537.52 GAS SERVICE 12-18 THRU 1-21-2013 PUBLIC $788.56 SAFETY BLDG GAS SERVICE 12-18 THRU 1-21-2013 PUBLIC $788.56 SAFETY BLDG Transaction Date 2/15/2013 Wells Fargo 10100 Total $6,380.38 -376- Cash Payment E 101-43100-218 Clothing and Uniforms Invoice 1006333022 1/21/2013 Cash Payment E 601-49400-218 Clothing and Uniforms Invoice 1006333022 1/21/2013 Cash Payment E 602-49450-218 Clothing and Uniforms Invoice 1006333022 1121/2013 Cash Payment E 602-49450-230 Shop Materials Invoice 1006333022 1/21/2013 Cash Payment E 101-43100-218 Clothing and Uniforms Invoice 1006344209 1/28/2013 Cash Payment E 601-49400-218 Clothing and Uniforms Invoice 1006344209 1/28/2013 Cash Payment E 602-49450-218 Clothing and Uniforms Invoice 1006344209 1/28/2013 Cash Payment E 602-49450-230 Shop Materials Invoice 1006344209 1/28/2013 UNIFORM SVC 1-21-13 UNIFORM SVC 1-21-13 UNIFORM SVC 1-21-13 SHOP SUPPLIES 1-21-13 Project 13-3 UNIFORM SVC 1-28-13 UNIFORM SVC 1-28-13 UNIFORM SVC 1-28-13 MAT SVC & SHOP SUPPLIES 1-28-13 Project 13-3 -377- $24.40 $16.11 $71.26 $232.32 $24.40 $16.11 $35.59 $367.13 ®U g 02/22/13 9:55 AM Payments Page 2 CITY OF MOUND Current Period: February 2013 Refer 25 CONCEPT LANDSCAPING Cash Payment E 675-49425-440 Other Contractual Servic DREDGE STORM SEWER OUTLET BY $3,100.00 INDIANIAN KNOLL MANOR -WORK COMPLETED JAN & FEB 2013 Invoice 2917 10/18/2011 Transaction Date 2/20/2013 Wells Fargo 10100 Total $3,100.00 Refer 43 EHLERS AND ASSOCIATES, INC. _ Cash Payment E 355-46384-300 Professional Srvs 07-10-12 MODIFICATION OF TIF DISTRICT 1- $146.25 2 FINANCIAL ADVISORY SVCS Invoice 345086 8/10/2012 Cash Payment E 371-47000-620 Fiscal Agent s Fees ANNUAL CONTINUING DISCLOSURE $100.00 REPORTING REQUIREMENTS 2012 - MATERIAL EVENTS NOTICE Invoice 62792 4/2/2012 Cash Payment G 101-23264 TRIDENT HOUSING DEVEL TRIDENT HOUSING TIF DISTRICT 1-2 $200.00 MODIFICATION FINANCIAL ADVISORY SVCS Invoice 345911 2/11/2013 Transaction Date 2/21/2013 Wells Fargo 10100 Total $446.25 Refer 53 EMERGENCYAPPARATUS MAINT Cash Payment E 222-42260-409 Other Equipment Repair FULL SVC VEHICLE SAFETY INSPECTION- $691.31 ENGINE #18 Invoice 65874 2/4/2013 Cash Payment E 222-42260-409 Other Equipment Repair REPLACE FRONT SPOT LIGHTS, TEST $159.97 AIRHORN-LADDER TRUCK #17 Invoice 65875 2/4/2013 Transaction Date 2/21/2013 Wells Fargo 10100 Total $851.28 Refer 44 FORTIER, JOHN -ART DESIGN _ Cash Payment E 101-49999-430 Miscellaneous PUB SAFETY BLDG RENOVATION TO $600.00 SECURE PD FROM CITY OFFICES- INSTALL, PAINT BASEMENT DOOR, PATCH DRYWALL & BLOCK WALLS Invoice 02262013 2/20/2013 Project CH2O13 Transaction Date 2/21/2013 Wells Fargo 10100 Total $600.00 Refer 1 G & K SERVICES Cash Payment E 101-43100-218 Clothing and Uniforms Invoice 1006333022 1/21/2013 Cash Payment E 601-49400-218 Clothing and Uniforms Invoice 1006333022 1/21/2013 Cash Payment E 602-49450-218 Clothing and Uniforms Invoice 1006333022 1121/2013 Cash Payment E 602-49450-230 Shop Materials Invoice 1006333022 1/21/2013 Cash Payment E 101-43100-218 Clothing and Uniforms Invoice 1006344209 1/28/2013 Cash Payment E 601-49400-218 Clothing and Uniforms Invoice 1006344209 1/28/2013 Cash Payment E 602-49450-218 Clothing and Uniforms Invoice 1006344209 1/28/2013 Cash Payment E 602-49450-230 Shop Materials Invoice 1006344209 1/28/2013 UNIFORM SVC 1-21-13 UNIFORM SVC 1-21-13 UNIFORM SVC 1-21-13 SHOP SUPPLIES 1-21-13 Project 13-3 UNIFORM SVC 1-28-13 UNIFORM SVC 1-28-13 UNIFORM SVC 1-28-13 MAT SVC & SHOP SUPPLIES 1-28-13 Project 13-3 -377- $24.40 $16.11 $71.26 $232.32 $24.40 $16.11 $35.59 $367.13 CITY OF MOUND Current Period: February 2013 Cash Payment E 609-49750-460 Janitorial Services MAT SVC 2-11-13 $58.58 Invoice 1006366611 2/11/2013 Cash Payment E 609-49750-460 Janitorial Services MAT SVC 2-18-13 $58.58 Invoice 1006377725 2/18/2013 Cash Payment E 602-49450-230 Shop Materials SHOP SUPPLIES 2-04-13 $141.13 Invoice 1006355498 2/4/2013 Project 13-3 Cash Payment E 602-49450-218 Clothing and Uniforms UNIFORM SVC 2-04-13 $37.55 Invoice 1006355498 2/4/2013 Cash Payment E 601-49400-218 Clothing and Uniforms UNIFORM SVC 2-04-13 $16.11 Invoice 1006355498 2/4/2013 Cash Payment E 101-43100-218 Clothing and Uniforms UNIFORM SVC 2-04-13 $24.40 Invoice 1006355498 2/4/2013 Cash Payment E 101-45200-218 Clothing and Uniforms UNIFORM SVC 2-04-13 $45.48 Invoice 1006355500 2/4/2013 Cash Payment E 101-45200-210 Operating Supplies MAT SVC & SHOP SUPPLIES 2-04-13 $70.38 Invoice 1006355500 2/4/2013 Cash Payment E 101-45200-218 Clothing and Uniforms UNIFORM SVC 2-11-13 $40.76 Invoice 1006366617 2/11/2013 Cash Payment E 101-45200-210 Operating Supplies SHOP SUPPLIES 2-11-13 $61.63 Invoice 1006366617 2/11/2013 Cash Payment E 602-49450-230 Shop Materials MAT SVC & SHOP SUPPLIES 2-11-13 $128.07 Invoice 1006366616 2/11/2013 Project 13-3 Cash Payment E 602-49450-218 Clothing and Uniforms UNIFORM SVC 2-11-13 $73.34 Invoice 1006366616 2/11/2013 Cash Payment E 601-49400-218 Clothing and Uniforms UNIFORM SVC 2-11-13 $16.11 Invoice 1006366616 2/11/2013 Cash Payment E 101-43100-218 Clothing and Uniforms UNIFORM SVC 2-11-13 $24.40 Invoice 1006366616 2/11/2013 Cash Payment E 101-42110-440 Other Contractual Servic MAT SVC PD- 2-18-13 $111.61 Invoice 1006377731 2/18/2013 Cash Payment E 222-42260-460 Janitorial Services MAT SVC 2-18-13 FIRE DEPT $91.65 Invoice 1006377730 2/18/2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total $1,787.14 Rafer 14 GALLS, INCORPORATED Cash Payment E 222-42260-210 Operating Supplies FIRE DEPT DUTY UNIFORM SHOES, G $124.47 PEDERSON, G PALM Invoice 000255155 1/11/2013 PO 24217 Transaction Date 2/19/2013 Wells Fargo 10100 Total $124.47 Refer 2 HANSON, {GOND/S _ Cash Payment E 101-41310-305 Medical Services EYE EXAM REIMBURSEMENT K. HANSON $50.00 Invoice 022613 2/11/2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total $50.00 Refer 30 HENNEPIN COUNTY COMMUNITY Cash Payment E 101-41600-450 Board of Prisoners CORRECTIONS & REHAB ROOM & BOARD $257.00 JANUARY 2013 Invoice 1000024953 2/8/2013 Transaction Date 2/20/2013 Wells Fargo 10100 Total $257.00 Refer 4 HENNEPIN COUNTY /NFORMAT/O -378- MOUND, 02/22/13 9:55 AM Page 4 Payments .-/ ......... ...............__ _ CITY OF MOUND Current Period: February 2013 Cash Payment E 602-49450-418 Other Rentals RADIO LEASE & ADMIN FEE JAN 2013 PUB $187.05 WKS Invoice 130138113 1/31/2013 Project 13-3 Transaction Date 2/15/2013 Wells Fargo 10100 Total $187.05 Refer 54 HENNEPIN COUNTY /NFORMAT/O Cash Payment E 222-42260-418 Other Rentals RADIO LEASE & ADMIN FEE JAN 2013 FIRE $537.50 DEPT Invoice 130138033 1/31/2013 Transaction Date 2/21/2013 Wells Fargo 10100 Total $537.50 Refer 29 HENNEPIN COUNTY SHERIFFS OF Cash Payment E 101-41600-450 Board of Prisoners JANUARY 2013 PER DIEM AND $432.46 PROCESSING FEES Invoice 1000024756 1/31/2013 Transaction Date 2/20/2013 Wells Fargo 10100 Total $432.46 Refer 55 HOME DEPOT CREDIT (FIRE) Cash Payment E 222-42260-210 Operating Supplies MALLETS & SHELF $133.23 Invoice 9110106 1/25/2013 Transaction Date 2/21/2013 Wells Fargo 10100 Total $133.23 Refer 56 JEFFERSON FIRE AND SAFETY, IN Cash Payment E 222-42260-409 Other Equipment Repair HOLMATRO FLAT FACE FEMALE COUPLER, $306.37 MALE COUPLER W/DUST CAP Invoice 194031 2/9/2013 Transaction Date 2/21/2013 Wells Fargo 10100 Total $306.37 Refer 15 JESSEN PRESS INCORPORATED Cash Payment E 101-41110-350 Printing CITY CONTACT NEWSLETTER 8 PG, JAN, $1,357.00 FEB, MARCH 2013 EDITION, PRINT, FOLD,MAIL- 6,150 Invoice 36278 1/31/2013 Transaction Date 2/19/2013 Wells Fargo 10100 Total $1,357.00 Refer 26 KLM ENGINEERING, INCORPORAT Cash Payment G 101-23211 T -Mobile Upgrade Well #8 To T -MOBILE ANTENNAE MODIFICATIONS - $1,800.00 DRAWING REVIEWS Invoice 4768 2/13/2013 Transaction Date 2/20/2013 Wells Fargo 10100 Total $1,800.00 Refer 16 LAKE MINNETONKA CONSERVATI Cash Payment E 101-41110-433 Dues and Subscriptions 1ST QTR 2013 LMCD LEVY PAYMENT $5,469.50 Invoice 02262013 2/15/2013 Transaction Date 2/19/2013 Wells Fargo 10100 Total $5,469.50 Refer 5 LAKESHORE WEEKLY COMMUNIC _ Cash Payment E 281-45210-430 Miscellaneous DOCK COMMISSION VACANCY CLASSIFIED $88.00 AD 2-12-13 #9741 Invoice 6849 2/12/2013 Cash Payment E 101-41310-328 Employment Advertising ADMIN ASST EMPLOYMENT CLASSIFIED AD $216.00 2-12 & 2-19-13 #9724 Invoice 6849 2/12/2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total $304.00 Refer 6 LOFFLER COMPANIES, INCORPOR -379- MOUND, 02/22/13 9:55 AM Payments Page 5 CITY OF MOUND Current Period: February 2013 Cash Payment E 101-42400-202 Duplicating and copying ICA COTHRU B $13.15 CINOLT OVERAGE 1L OOR & 2' 9R Invoice 1521737 2/4/2013 Cash Payment E 602-49450-202 Duplicating and copying B200 4TH L OU B &NWHT $13.15 CIOPIES OVERAGE 1NOLTA OO HR2' 9R Invoice 1521737 2/4/2013 Project 13-3 Transaction Date 2/1512013 Wells Fargo 10100 Total $26.30 Refer 7 LOFFLER COMPANIES, INCORPOR Cash Payment E 101-41910-202 Duplicating and copying ICA MINOLTA C652 1 COP $8.51 COILOR COPIES OVERAGE 14O HROOM RU 02'113- 13 Invoice 1522230 2/4/2013 E 101-41910-202 Duplicating and copying C652 A1!14 $105.10 Cash Payment B&nIIN COPIES OVERAGETA TOHO U 020-113-R 13 Invoice 1522230 2/4/2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total $113.61 Refer 17 MADDEN, GALANTER, HANSON, L _ Cash Payment E 101-41600-300 Professional Srvs LABONON RELATIONSSERVICES JANUARY $47.20 NEGOTTIONS Invoice 02262013 2/1/2013 Transaction Date 2/19/2013 Wells Fargo 10100 Total $47.20 Refer* 8 METROPOLITAN COUNCIL WASTE _ E 602-49450-388 Waste DisS Cash Payment posal-MCI WASTEWATER SERVICES MARCH 2013 $47,720.38 Invoice 00010008809 2/7/2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total u $47,720.38 Refer 45 MINNESOTA VALLEY TESTING LA _ Cash Payment E 601-49400-470 Water Samples COLIFORM WATER TESTS &MONTHLY $77.50 CHLORINE REPORT Invoice 643295 2/18/2013 Transaction Date 2/21/2013 Wells Fargo 10100 Total $77.50 Refer 57 MN DEPT OF LABOR & INDUSTRY _ Cash Payment E 222-42260-438 Licenses and Taxes PRESSURE VESSEL LICENSE 668358- $10.00 MOUND FIRE STATION Invoice ABR00637731 1/30/2013 Licenses and Taxes PRESSURE VESSEL LICENSE 70850B $10.00 Cash Payment E 601-49400-438 Invoice ABR00644541 1/30/2013 Licenses and Taxes PRESSURE VESSEL LICENSE 708508 $10.00 Cash Payment E 602-49450-438 Invoice ABR00644541 1/30/2013 Transaction Date 2121/2013 Wells Faro 10100 Total g $30.00 Refer 14 MOUND FIRE RELIEF ASSOCIATO _ Cash Payment E 222-42260-124 Fire Pens Contrib FIRE RELIEF $12,983.33 CONTRIBUTION Invoice 022613 2/15/2013 Wells Fargo 10100 Total $12,983.33 Transaction Date 2/15/2013 Refer 18 MOUND MARKETPLACE LLC _ 201 MON AREA MTCE &URANC $977.50 Cash Payment E 609-49750-412 Building Rentals ARCH HWS Invoice 02262013 2/15/2013 -380- Transaction Date 2/19/2013 Wells Fargo 10100 Total $977.50 Refer 31 MOUND, CITY OF Cash Payment E 609-49750-382 Water Utilities WATER SERVICE 1-2-13 THRU 2-6-13 HWS $45.26 Invoice 02262013 2/20/2013 Transaction Date 2/20/2013 Wells Fargo 10100 Total $45.26 Refer 27 OFFICE DEPOT Cash Payment E 101-41910-200 Office Supplies LEGAL FILE JACKET FOLDERS $206.13 Invoice 644643616001 2/11/2013 PO 24090 Transaction Date 2/20/2013 Wells Fargo 10100 Total $206.13 Refer 32 ORONO, CITY OF Cash Payment E 101-49999-430 Miscellaneous MOUND OFFICER TRANSITION - TRUE $84.09 VALUE -KEYS, RINGS, TAGS Invoice 20130026 2/8/2013 Project PS2012 Cash Payment E 101-49999-430 Miscellaneous MOUND OFFICER TRANSITION - $3,266.10 STRETCHERS- FOLDING SIGHTS, 4 MP15s W/ 16" BARREL, FLASHLIGHT, SLING, AC CHARGER Invoice 20130026 2/8/2013 Project PS2012 Transaction Date 2/20/2013 Wells Fargo 10100 Total $3,350.19 Refer 9 PREMIUM WATERS, INC. _ Cash Payment E 602-49450-210 Operating Supplies PUB WKS HOT & COLD WATER COOLER $60.76 RENTAL FEB THRU APRIL 2013 Invoice 614851-01-13 1/31/2013 Project 13-3 Cash Payment E 101-42110-440 Other Contractual Servic FEB THRU APRIL 2013 HOT & COLD WATER $121.52 COOLERS- 2 PUB SAFETY BLDG- BREAK ROOM, SQUAD ROOM Invoice 614850-01-13 1/31/2013 Cash Payment E 101-41310-210 Operating Supplies CITY MGR HOT & COLD WATER COOLER $60.76 RENTAL FEB THRU APRIL 2013 Invoice 604558-01-13 1/31/2013 Cash Payment E 101-41910-210 Operating Supplies CITY HALL HOT & COLD WATER COOLER $60.76 RENTAL FEB THRU APRIL 2013 Invoice 604558-01-13 1/31/2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total $303.80 Refer 34 RENOVO DATA SERVICES Cash Payment E 101-42110-440 Other Contractual Servic SHRED -DESTROY POLICE HARD DRIVES, $3,182.00 DATA TAPES, CDS, RECYCLE OLD COMPUTERS, DESTROY OLD WEAPONS, LICENSE PLATES Invoice 23131 2/15/2013 PO 24155 Transaction Date 2/20/2013 Wells Fargo 10100 Total $3,182.00 Refer 3 ROBERTS, COLLETTE _ Cash Payment E 101-41500-305 Medical Services EYEWEAR REIMBURSEMENT C. ROBERTS $50.00 Invoice 02262013 2/14/2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total $50.00 Refer 50 SAFE ASSURE CONSULTANTS. IN� Cash Payment E 101-41310-434 Conference & Training 2013 SAFETY TRAINING & CONSULTING $100.00 Invoice 555 12/13/2012 -381- MOUND, MN 02/22/13 9:55 AM Payments Page 7 1 .............. CITY OF MOUND Current Period: February 2013 Cash Payment E 101-41500-434 Conference & Training 2013 SAFETY TRAINING & CONSULTING $300.00 Invoice 555 12/13/2012 Cash Payment E 101-42400-434 Conference & Training 2013 SAFETY TRAINING & CONSULTING $300.00 Invoice 555 12/13/2012 Cash Payment E 101-43100-434 Conference & Training 2013 SAFETY TRAINING &CONSULTING $750.00 Invoice 555 12/13/2012 Cash Payment E 101-45200-434 Conference & Training 2013 SAFETY TRAINING & CONSULTING $750.00 Invoice 555 12/13/2012 Cash Payment E 101-42110-434 Conference & Training 2013 SAFETY TRAINING & CONSULTING $100.00 Invoice 555 12/13/2012 Cash Payment E 281-45210-434 Conference & Training 2013 SAFETY TRAINING & CONSULTING $0.00 Invoice 555 12/13/2012 Cash Payment E 222-42260-434 Conference & Training 2013 SAFETY TRAINING & CONSULTING $400.00 Invoice 555 12/13/2012 Cash Payment E 601-49400-434 Conference & Training 2013 SAFETY TRAINING & CONSULTING $750.00 Invoice 555 12/13/2012 Cash Payment E 602-49450-434 Conference & Training 2013 SAFETY TRAINING & CONSULTING $750.00 Invoice 555 12/13/2012 Cash Payment E 675-49425-434 Conference & Training 2013 SAFETY TRAINING & CONSULTING $O.00 Invoice 555 12/13/2012 Cash Payment E 609-49750-434 Conference & Training 2013 SAFETY TRAINING & CONSULTING $627.60 Invoice 555 12/13/2012 Transaction Date 2/21/2013 m Wells Fargo 10100 Total $4,827.60 Refer a 10 ST. PETER LUTHERAN CHURCH Cash Payment E 609-49750-340 Advertising 2013 MAIFEST SPONSORSHIP ADVERTISING $250.00 Invoice 022613 2/12/2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total $250.00 Refer 11 SUN PATRIOT NEWSPAPER -CITY _ Cash Payment E 101-49999-430 Miscellaneous 9-13129 AMENDMENT -LEGAL NOTICE PUB $33.08 2-9-13 Invoice 1148127 2/9/2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total $33.08 Refer 48 TWIN CITIES REO ITY BILL5918 Miscellaneous Revenu UTILITY $371.21 Cash Payment R 601-49400-36200 REOERPYMT- R FUND Invoice 02262013 2/21/2013 Transaction Date 2/21/2013 Wells Fargo 10100 Total $371.21 Refer 19 US HEALTH WORKS Medical Services PRE EMPLOYMENT PHYSICAL J. STEWART $112.00 Cash Payment E 101-43100-305 Invoice 0015890 2/1/2013 - Transaction Date 2/19/2013 Wells Fargo 10100 Total $112.00 Refer 20 WAYZATA, CITY OF Licenses and Taxes SALES TAX & LICENSE 2013 FORD F150 $269.42 Cash Payment E 601-49400-438 Invoice 02262013 2/14/2013 PO 22798 Transaction Date 2/19/2013 Wells Fargo 10100 Total $269.42 Refer 12 XCEL ENERGY _ -382- MOUND, MN 02/22/13 9:55 AM Page 8 �iPayments I.............. .--- CITY OF MOUND Current Period: February 2013 Cash Payment E 101-43100-381 Electric Utilities STREET LIGHTS ELECTRIC SERVICE 1-3-13 $5,543.37 TO 2-2-13 Invoice 457647534 2/4/2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total $5,543.37 Refer 33 XCEL ENERGY Cash Payment E 285-46388-381 Electric Utilities ELECTRIC SERVICE 12-27-12 TO 1-28-13 $2,620.20 PARKING DECK Invoice 459168878 2/13/2013 Cash Payment E 101-45200-381 Electric Utilities ELECTRIC SERVICE 12-27-12 TO 1-28-13 $238.59 PARKS Invoice 459168878 2/13/2013 Cash Payment E 101-45200-381 Electric Utilities ELECTRIC SERVICE 12-27-12 TO 1-28-13 $71.15 DEPOT BLDG Invoice 459168878 2/13/2013 Cash Payment E 602-49450-381 Electric Utilities ELECTRIC SERVICE 12-27-12 TO 1-28-13 $3,371.97 LIFT STATIONS Invoice 459168878 2/13/2013 Cash Payment E 601-49400-381 Electric Utilities ELECTRIC SERVICE 12-27-12 TO 1-28-13 $4,257.49 WATER Invoice 459168878 2/13/2013 Cash Payment E 101-43100-381 Electric Utilities ELECTRIC SERVICE 12-27-12 TO 1-28-13 $2,838.62 STREETS Invoice 459168878 2/13/2013 Cash Payment E 609-49750-381 Electric Utilities ELECTRIC SERVICE 12-27-12 TO 1-28-13 $1,476.84 HWS Invoice 459168878 2/13/2013 Cash Payment E 101-42110-381 Electric Utilities ELECTRIC SERVICE 12-27-12 TO 1-28-13 PD- $2,255.89 PUBLIC SAFETY BLDG Invoice 459168878 2/13/2013 Cash Payment E 222-42260-381 Electric Utilities ELECTRIC SERVICE 12-27-12 TO 1-28-13 $2,255.89 FIRE PUBLIC SAFETY BLDG Invoice 459168878 2/13/2013 Cash Payment E 101-41910-381 Electric Utilities ELECTRIC SERVICE 12-27-12 TO 1-28-13 $882.29 CITY HALL Invoice 459168878 2/13/2013 Cash Payment E 101-42115-381 Electric Utilities ELECTRIC SERVICE 12-27-12 TO 1-28-13 $36.50 EMERGENCY CIVIL SIRENS Invoice 459168878 2/13/2013 Transaction Date 2/20/2013 Wells Fargo 10100 Total $20,305.43 -383- CITY OF 1Vfc3UND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 285 MOUND HRA 355 2003-C G.O. TIF 1-2 371 GO REFUNDING, 2012B 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 675 STORM WATER UTILITY FUND re -111 I 10 U �; Current Period: February 2013 10100 Wells Fargo $36,082.43 $18,585.28 $88.00 $2,620.20 $146.25 $100.00 $7,556.41 $54,867.15 $4,031.88 $3,100.00 $127,177.60 Pre -Written Check $0.00 Checks to be Generated by the Computer $127,177.60 Total $127,177.60 -384- 02/22/13 9:55 AM Page 9 f CITY OF MOUND Batch Name 022613HWS Payments Refer Cash Payment Invoice 147811 Current Period: February 2013 User Dollar Amt $88,853.25 Computer Dollar Amt $88,853.25 $0.00 In Balance 39 AMUNDSON, M. LLP - E 609-49750-256 Tobacco Products For R TOBACCO PRODUCTS 2/20/2013 02/21/13 12:04 PM Page 1 $880.32 Transaction Date 2/20/2013 Wells Fargo 10100 Total $880.32 Refer 2 ARCTIC GLACIER PREM/UM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE $108.16 Invoice 436304202 2/11/2013 Cash Payment E 609-49750-265 Freight FREIGHT $1.00 Invoice 436304202 2/11/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $109.16 Refer 3 BELLBOY CORPORATION Cash Payment E 609-49750-210 Operating Supplies BAGS, SUPPLIES $245.60 Invoice 87983900 2/8/2013 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $94,28 Invoice 87988600 2/11/2013 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE, CORCKSCREW, WAITER $66.00 Invoice 87983900 2/8/2013 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $20.00 Invoice 88013700 2/15/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $425.88 Refer 4 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,216.95 Invoice 76928300 2/8/2013 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $6,751.13 Invoice 76947200 2/11/2013 Cash Payment E 609-49750-265 Freight FREIGHT $17.05 Invoice 76928300 2/8/2013 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,053.75 Invoice 77028100 2/18/2013 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,141.50 Invoice 77013300 2/15/2013 Cash Payment E 609-49750-265 Freight FREIGHT $16.40 Invoice 77013300 2/15/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $11,196.78 Refer 0 BERN/CKS BEVERAGES AND VEN Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $36.34 Invoice 43043 2/14/2013 Cash Payment E 609-49750-252 Beer For Resale BEER $872.46 Invoice 43044 2/14/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $908.80 Refer 5 COCA COLA BOTTLING -MIDWEST Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa COCA COLA PRODUCTS- MIX $240.76 Invoice 0138052807 2/7/2013 -385- -386- 02/21/13 12:04 PM Payments Page 2 i CITY OF MOUND Current Period: February 2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total $240.76 Refer 6 DAHLHE/MER BEVERAGE LLC Cash Payment E 609-49750-252 Beer For Resale BEER $455.20 Invoice 10344 2/11/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $455.20 Refer 7 DAYDISTRIBUT/NG COMPANY _ Cash Payment E 609-49750-252 Beer For Resale BEER $3,587.60 Invoice 688446 2/12/2013 $1,999.15 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 689402 2/19/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $5,586.75 Refer 8 EXTREME BEVERAGE _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $29.00 Invoice W-697687 2/6/2013 Transaction Date 2/14/2013 Wells Fargo 10100 � Total $29.00 Refer 21 HOHENSTE/NS, INCORPORATED _ Cash Payment E 609-49750-252 Beer For Resale BEER $233.00 Invoice 635655 2/14/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $233.00 Refer 1 JJ TAYLOR, DISTRIBUTING MINN _ Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT -$30.00 Invoice 1433553 1/8/2013 $50.00 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 2017885 1/29/2013 $27.00 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 2017923 2/1/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total -$107.00 Refer 9 JJ TAYLOR, DISTRIBUTING MINN _ Cash Payment E 609-49750-252 Beer For Resale BEER $1,183.45 Invoice 2017950 2/12/2013 $40.00 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 2017951 2/12/2013 $3,090.87 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2017973 2/19/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $4,314.32 Refer 10 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $60.50 Invoice 1496734 2/6/2013 $6,057.18 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 1496732 2/6/2013 $4,457.80 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 1496733 Cash Payment 2/6/2013 E 609-49750-251 Liquor For Resale LIQUOR CREDIT -$1,378.17 Invoice 565864 Cash Payment 2/6/2013 E 609-49750-253 Wine For Resale WINE CREDIT '$12.67 Invoice 565863 2/6/2013 -386- Invoice 562494 1/10/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $15,927.88 Refer 35 LAKESHORE WEEKLY COMMUN/C Cash Payment E 609-49750-340 Advertising 3 X 6 4 -COLOR WINE SALE AD PG 7A 2-12-13 $403.00 Invoice 00131448 2/12/2013 Transaction Date 2/20/2013 Wells Fargo 10100 Total $403.00 Refer 23 MARLIN S TRUCKING DELIVERY Cash Payment E 609-49750-265 Freight ®(� 02/21/13 12:04 PM Invoice 27964 _ !\ 9 Page 3 Cash Payment E 609-49750-265 Freight Payments $355.60 Invoice 27979 2/7/2013 CITY OF MOUND E 609-49750-265 Freight DELIVERY SVC 2-11-13 $77,00 Current Period: February 2013 2/11/2013 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,555.01 Invoice 1501881 2/13/2013 Invoice 27510 2/14/2013 Cash Payment E 609-49750-253 Wine For Resale WINE $4,330.40 Invoice 1501882 2/13/2013 Refer 11 M/NNEHAHA BUILDING MA/NTENA Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $27.45 Invoice 1501883 2/13/2013 Invoice 928007034 2/3/2013 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT -$8,28 Invoice 565675 2/5/2013 Cash Payment E 609-49750-253 Wine For Resale WINE $0.00 Invoice 565674 2/5/2013 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT Invc #1496732 -$10.00 Invoice 566853 2/15/2013 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT Invc #0562493 -$52.50 Invoice 566421 2/13/2013 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT Invc #1477382 -$25.34 Invoice 566852 2/15/2013 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT Invc #1473691 -$63.00 Invoice 562493 1/10/2013 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT Invc #1473691 -$10.50 Invoice 562494 1/10/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $15,927.88 Refer 35 LAKESHORE WEEKLY COMMUN/C Cash Payment E 609-49750-340 Advertising 3 X 6 4 -COLOR WINE SALE AD PG 7A 2-12-13 $403.00 Invoice 00131448 2/12/2013 Transaction Date 2/20/2013 Wells Fargo 10100 Total $403.00 Refer 23 MARLIN S TRUCKING DELIVERY Cash Payment E 609-49750-265 Freight DELIVERY SVC 2-4-13 $47.60 Invoice 27964 2/4/2013 Cash Payment E 609-49750-265 Freight DELIVERY SVC 2-7-13 $355.60 Invoice 27979 2/7/2013 Cash Payment E 609-49750-265 Freight DELIVERY SVC 2-11-13 $77,00 Invoice 27990 2/11/2013 Cash Payment E 609-49750-265 Freight DELIVERY SVC 2-14-13 $298.20 Invoice 27510 2/14/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $778.40 Refer 11 M/NNEHAHA BUILDING MA/NTENA Cash Payment E 609-49750-440 Other Contractual Servic WASH WINDOWS INSIDE & OUT 1-14-13 $65.19 Invoice 928007034 2/3/2013 Transaction Date 2/15/2013 Wells Fargo 10100 Total $65.19 Refer 37 PARLEY LAKE WINERY Cash Payment E 609-49750-253 Wine For Resale WINE $240.00 Invoice 8310 2/12/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $240.00 Refer 12 PAUSTIS AND SONS WINE COMPA Cash Payment E 609-49750-253 Wine For Resale WINE $728.35 Invoice 8387337 2/11/2013 Cash Payment E 609-49750-265 Freight FREIGHT $16.25 Invoice 8387337 2/11/2013 -387- MOUND, 02/21/13 12:04 PM Page 4 Payments i CITY OF MOUND Current Period: February 2013 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $57.00 Invoice 8387342 2/11/2013 $2.25 Cash Payment E 609-49750-265 Freight FREIGHT Invoice 8387342 2/11/2013 -$67.40 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT Invoice 8380874 12/19/2012 FREIGHT CREDIT -$1.75 Cash Payment E 609-49750-265 Freight Invoice 8380874 12/19/2012 $2,480.80 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 8388323 2/18/2013 $40.00 Cash Payment E 609-49750-265 Freight FREIGHT Invoice 8388323 2/18/2013 Wells Fargo 10100 Total $3,255.90 Transaction Date 2/14/2013 Refer 13 PHILLIPS WINE AND SPIRITS, INC $811.95 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2374782 2/6/2013 $1,496.65 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2374783 2/6/2013 $841.60 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2378963 2/14/2013 $903.15 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2378238 2/13/2013 Wells Fargo 10100 Total $4,053.35 Transaction Date 2!14!2013 Refer x.14 RJM DISTRIBUTING INC _ $197.00 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 22390 2!6/2013 $307.50 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 17427 4/25/2012 -$3.56 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 11200 4/30/2012 Wells Fargo 10100 Total $500.94 Transaction Date 2/15/2013 Refer 15 SOUTHERN WINE &SPIRITS OF M $2,539.50 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 1001023 2/7/2013 $401.39 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 1001023 2/7/2013 $552.57 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 1003205 2/14/2013 $3,561.00 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 1003206 2/14/2013 $480.00 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 1003891 2/15/2013 Wells Fargo 10100 Total $7,534.46 Transaction Date 2/14/2013 Refer 16 THORPE DISTRIBUTING COMPAN _ $8,771.53 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 736591 2/12/2013 $326.00 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 00770186 2/8/2013 -388- CITY OF MOUND Current Period: February 2013 Cash Payment E 609-49750-252 Beer For Resale BEER $39.45 Invoice 736590 2/12/2013 2/7/2013 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX CREDIT -$54.15 Invoice 736590 2/12/2013 Invoice 324128 Cash Payment E 609-49750-252 Beer For Resale BEER $218.40 Invoice 736865 2/12/2013 Wells Fargo 10100 Cash Payment E 609-49750-252 Beer For Resale BEER $3,538.10 Invoice 737690 2/19/2013 Cash Payment Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $18.00 Invoice 737689 2/19/2013 2/14/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $12,857.33 Refer 17 TOTAL REGISTER SYSTEMS, INC. Cash Payment Invoice 28751 Cash Payment Invoice 28764 E 609-49750-404 Machinery/Equip Repairs REGISTER PRINTER PROGRAMMING LABOR 2/8/2013 E 609-49750-210 Operating Supplies REGISTER PRINTER RIBBONS 2/18/2013 $49.00 $38.69 Transaction Date 2/14/2013 � Wells Fargo 10100 Total $87.69 Refer 18 V!NlFERA MINNESOTA 2/7/2013 Cash Payment E 609-49750-253 Wine For Resale WINE $179.00 Invoice 324128 2/8/2013 2/7/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $179.00 Refer 19 VINOCOPIA, INCORPORATED 2/14/2013 Cash Payment E 609-49750-253 Wine For Resale WINE $236.00 Invoice 0071943 2/7/2013 2/14/2013 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $226.00 Invoice 0071943 2/7/2013 Cash Payment E 609-49750-265 Freight FREIGHT $10.00 Invoice 0071943 2/7/2013 Cash Payment E 609-49750-253 Wine For Resale WINE $168.00 Invoice 0072308 2/14/2013 Cash Payment E 609-49750-265 Freight FREIGHT $T50 Invoice 0072308 2/14/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $647.50 Refer 20 WINE COMPANY Cash Payment E 609-49750-253 Wine For Resale WINE $616.00 Invoice 321873 2/7/2013 Cash Payment E 609-49750-265 Freight FREIGHT $11.55 Invoice 321873 2/7/2013 Cash Payment E 609-49750-253 Wine For Resale WINE $760.00 Invoice 322456 2/14/2013 Cash Payment E 609-49750-265 Freight FREIGHT $11.55 Invoice 322456 2/14/2013 Transaction Date 2/14/2013 Wells Fargo 10100 Total $1,399.10 Refer 21 WINE MERCHANTS Cash Payment E 609-49750-253 Wine For Resale WINE $1,352.00 Invoice 442824 2/6/2013 Cash Payment E 609-49750-253 Wine For Resale WINE $2,347.00 Invoice 443767 2/13/2013 -389- Transaction Date 2/14/2013 � � Wells Fargo 10100 Total $3,699.00 - Refer 22 WIRTZ BEVERAGE MN BEER _ $2,447.30 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 1090003235 2/13/2013 $86.00 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 1090003236 2/13/2013 $339.00 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 1090003237 2/13/2013 $240.00 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 1090000629 2/6/2013 $3,846.20 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 1090000603 2/6/2013 $1,449.55 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 1090006292 2/20/2013 $134.40 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 1090006293 2/20/2013 Wells Fargo 10100 Total $8,542.45 Transaction Date 2/1412013 � Refer 23 WIRTZ BEVERAGE MN WINE SP/RI _ $600.00 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 1080001298 2/7/2013 $1,294.03 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 1080001298 2/7/2013 -$85.65 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT Invoice 878191 1/29/2013 $1,128.00 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 1080003589 2/14/2013 $1,201.21 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 1080003588 2/14/2013 10100 Total $4,137.59 Transaction Date 2/14/2013 Wells Fargo Refer 30 Z WINES USA LLC _ $264.00 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 11762 2/14/2013 $7'50 Cash Payment E 609-49750-265 Freight FREIGHT Invoice 11762 2/14/2013 Wells Fargo 10100 Total $271.50 Transaction Date 2/14/2013 Fund Summary 609 MUNICIPAL LIQUOR FUND Pre -Written Check Checks to be Generated by the Computer Total 10100 Wells Fargo $88,853.25 $88,853.25 $0.00 $88,853.25 $88,853.25 -390- MOUND, MN 02/21/13 11:12 AM Page 1 Payments CITY Y { MOUND Current Period: February 2013 Batch Name 01-13HOISING User Dollar Amt $3,242.55 Payments Computer Dollar Amt $3,242.55 $0.00 In Balance Refer 1 NOIS/NGTON KOEGLER GROUP, I Cash Payment E 101-42400-300 Professional Srvs MISC PLANNING SVCS JANUARY 2013 $560.25 Invoice 007-005-54 2/12/2013 Cash Payment G 101-23267 Adult Day Serv. PC#12-22 5200 MAYWOOD SOJOURN CUP PLANNING $41.50 SVCS JAN 2013 Invoice 007-005-54 2/12/2013 Cash Payment G 101-23245 4839/4851 SHORELINE #11- 4839/51 SHORELINE SUBDIV PLANNING $20.75 SVCS JAN 2013 Invoice 007-005-54 2/12/2013 Cash Payment G 101-23269 Jubilee Foods PC#12-24 JUBILEE FOODS GARDEN CENTER $166.00 PLANNING SVCS JAN 2013 Invoice 007-005-54 2/12/2013 Cash Payment G 101-23271 KAHMEYER-1571 FINCH -P 1571 FINCH LANE VARIANCE KAHMEYER - $83.00 PLANNING SVCS JAN 2013 Invoice 007-005-54 2/12/2013 Cash Payment G 101-23272 SALITERMAN: #13-04 to #13 LOST LAKE TOWNHOME & MARINA CUP $269.75 PLANNING SVCS JAN 2013 Invoice 007-005-54 2/12/2013 Cash Payment E 101-42400-300 Professional Srvs MISC PLANNING SVCS JANUARY 2013 $2,101.30 Invoice 007-001-57 2/12/2013 Transaction Date 2/21/2013 Wells Fargo 10100 Total $3,242.55 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $3,242.55 $3,242.55 Pre -Written Check $0.00 Checks to be Generated by the Computer $3,242.55 Total $3,242.55 -391- -392- MOUND, 02/21/13 2:27 PM Page 1 � \ Payments CITY OF MOUND Current Period: February 2013 Batch Name 1-13BOLTMENK User Dollar Amt $61,616.00 Payments Computer Dollar Amt $61,616.00 $0.00 In Balance Refer 47 BOLTONAND MENK, INCORPORA _ Cash Payment E 602-49450-300 Professional Srvs CIPP PROJECT SVCS $437.50 THRU JAN 81 201311 Invoice 0154243 1/31/2013 E 402-43120-300 Professional Srvs SYSTEM UPDATE SVCS THRU JAN 18 MSA $355.00 Cash Payment invoice 0154249 Cash Payment 1131/2013 E 401-43101-300 Professional Srvs 2011 SLAND STREET R 11 01 I $2,911.00 ENGIN SVCS THRU JAN 8J2013 Invoice 0154253 1/31/2013 E 401-43127-300 Professional Srvs Project PW1101 2011 HIGHLANDS STREET 11 02 $597.00 Cash Payment 8 2013 ENGINEER SVCS THRU JAN 18 Invoice 0154257 1/31/2013 E 602-49450-300 Professional Srvs Project PW1102 2010 LIFT STATION IMPROV PROJECT $121.00 Cash Payment ENGINEERING SVCS THRU JAN 18 2013 invoice 0154263 Cash Payment 1131/2013 E 602-49450-300 Professional Srvs 2011 LIFT STATIONS JECT PW 11 - $46.00 03ENGINEERING SVCS TOHRU JAN 18 2013 Invoice 0154265 1/31/2013 E 675-49425-300 Professional Srvs Project PWI103 2011 STORM DRAINIMPRO JAN PROJ $71.00 Cash Payment ENGINEERING 201311-05 SVCInvoice 0154267 1/31/2013 E 401-43112-300 Professional Srvs Project PW1105 ISL ET PRO . PW 12- $4,159.00 Cash Payment O01 NORTH SDVCSR 013 Invoice 0154269 1/31/2013 E 675-49425-500 Capital Outlay FA Project PW1201 ROJ PW 12- STORM DRAININGVCS IMPTHRU OV.JAN $71.00 Cash Payment 0012 18 2013 Invoice 0154270 1/31/2013 E 602-49450-500 Capital Outlay FA Project PW1205 2012 LIFT STATION PROJECTS TSPJAN $184.00 Cash Payment ENGINEERING HRU 2013 Invoice 0154238 1/31/2013 E 675-49425-300 Professional Srvs Project PW1203 WCAATDMIIU 1TION3 TORMWATER $174.00 Cash Payment JAN SVCSInvoice 0154240 Cash Payment 1/31/2013 E 602-49450-300 Professional Srvs TE STREET & UTILITY $80.00 ENGIN EERING THRU JAN 8 2013 Invoice 0154244 1/31/2013 E 101-43100-300 Professional Srvs Project 13-4 RAL ENGINEERING SVCS THRU JAN GENERAL $510.00 Cash Payment Invoice 0154238 Cash Payment 1/31/2013 E 602-49450-300 Professional Srvs SEWERENGINEERING SVCS $322.00 TSANITARY HRU JAN 2013 Invoice 0154238 1/31/2013 E 101-43100-300 Professional Srvs $71.00 Cash Payment CTOYTAX FOPROPERTIES ES ENG SVC THRU JAN 18 2013 Invoice 0154246 1/31/2013 E 401-43113-303 Engineering Fees 13 UTILITY P8 OV ROJ. PW13- $42,984.00 Cash Payment ENSTREET, 20 G SVCS THRU JAN Invoice 0154273 1/31/2013 Project PW1301 -392- Pre -Written Check $0.00 Checks to be Generated by the Computer $61,616.00 Total $61,616.00 -393- MOUND,02/21/13 2:27 PM "J-- Pa e 2 g Payments CITY OF MOUND Current Period: February 2013 Cash Payment E 602-49450-500 Capital Outlay FA 2013 STREET, UTILITY IMPROV PROJ. PW13- $4,101.00 03 ENG SVCS THRU JAN 18 2013 Invoice 0154278 1/31/2013 Project PW1303 Cash Payment E 675-49425-500 Capital Outlay FA 2013 STREET, UTILITY IMPROV PROD. PW13- $1,135.50 04 ENG SVCS THRU JAN 18 2013 Invoice 0154288 1/31/2013 Project PW1304 Cash Payment E 401-43213-303 Engineering Fees 2013 STREET, UTILITY IMPROV PROD. PW13- $1,568.00 05 ENG SVCS THRU JAN 18 2013 Invoice 0154276 1/31/2013 Project PW1305 Cash Payment E 602-49450-300 Professional Srvs MCES FLOWS/CITY CHARGES THRU JAN 18 $213.00 2013 Invoice 0154251 1/31/2013 Cash Payment E 401-43112-300 Professional Srvs 2012 NORTH ISLAND STREET PROJ. PW 12- $682.50 01 ENGINEERING SVCS THRU JAN 18 2013 Invoice 0154238 1/31/2013 Project PW1201 Cash Payment E 402-43120-300 Professional Srvs MSA FUND BALANCE UPDATE ENGINEER $97.50 SVCS THRU JAN 18 2013 Invoice 0154238 1/31/2013 Transaction Date 2/21/2013 Wells Fargo 10100 Total $61,616.00 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $581.00 401 GENERAL CAPITAL PROJECTS $52,901.50 402 MUNICIPAL STAID ST CONSTUCT $452.50 602 SEWER FUND $6,229.50 675 STORM WATER UTILITY FUND $1,451.50 $61,616.00 Pre -Written Check $0.00 Checks to be Generated by the Computer $61,616.00 Total $61,616.00 -393- Refer 59 KENNEDYAND GRAVEN _ E 101-41600-300 Professional Srvs ADMINISTRATIVE LEGAL SERVICES JAN $451.80 Gash Payment Invoice 112699 2/18/2013 Legal P/W PUBLIC WORKS LEGAL SERVICES JAN 2013 $72.00 Cash Payment E 101-41600-314 Invoice 112699 2/18/2013 Legal Parks PARKS LEGAL SERVICES JAN 2013 $72.00 Cash Payment E 101-41600-318 Invoice 112699 2/18/2013 G 101-23245 4839/4851 SHORELINE #11- SHORELINE DR SUBD LEGAL SVC $48.00 Cash Payment JAN O$ 31 Invoice 112699 2/18/2013 #10-07, Wood WOODLYN RIDGE LEGAL SVCS JAN 2013 $448.00 Cash Payment G 101-23231 6301 Lynwood Invoice 112699 2/18/2013 Legal P & t PLANNING LEGAL SERVICES JAN 2013 $960.00 Cash Payment E 101-41600-316 Invoice 112699 2/18/2013 T SITE CHANGES LEGAL SVCS JAN $180.00 Cash Payment E 101-41600-304 Legal Fees -MOBILE 2013 Invoice 112699 2/18/2013 Cash Payment E 101-41600-304 Legal Fees VERIZON SITE CHANGES LEGAL SVCS JAN $180.00 2013 Invoice 112699 2/18/2013 Cash Payment E 222-42260-300 Professional Srvs BONI LEGAL SVC JAN 1IRE SVC EXPANSION 3 AGREEMENT -ST, $78.00 2 Invoice 112699 2/18/2013 Cash Payment E 101-41600-312 Legal Police PUBLIC SAFETY LEGAL SVC JAN 2013 $36.00 Invoice 112699 2/18/2013 Wells Fargo 10100 Total $2,525.80 Transaction Date 2/22/2013 Fund Summary W II F 101 GENERAL FUND 222 AREA FIRE SERVICES Pre -Written Check Checks to be Generated by the Computer Total 10100 e s argo $2,447.80 $78.00 $2,525.80 $0.00 $2,525.80 $2,525.80 -394- •IF; I CUIACINFLA04MAG COMMISSON• • FEBRUARY 11, 2013 Call to order Acting Planning Commission Chair Penner called the annual joint Planning Commission workshop meeting with the City Council to order at 7:00 PM. Roll call Those present: Commissioners: Cynthia Penner, Ray Salazar (Council Liaison to Planning Commission) David Goode, Doug Gawtry, George Linkert, Kelvin Retterath (arrived at 7:17PM) and Pete Wiechert Absent and excused: Chair Steven Ward and Jeffrey Bergquist Staff present: City Manager Kandis Hanson, Community Development Director Sarah Smith The following City Council members were present: Mayor Mark Hanus; Council Members Heidi Gesch, Ray Salazar, Kelli Gillispie (arrived at 7:20PM ) Others present: Mark Wegscheid 1. Smith reviewed the 2011 — 2012 projects list, including amendments to City Code Sections 129 and 121, and review/study of second hand goods licensing, home occupation signage, and Planning Commission work rules. 2. The Planning Commission and City Council reviewed and discussed the proposed list and order of projects for 2013 as identified below: A. Expansion permits — filling in or going up of a non -conforming structure which is a land use issue. PC has approved all of the expansion permits received to date. Should process be evaluated and/or streamlined? Mayor is pro -streamline. Smith stated could we distinguish between smaller improvements vs. substantial. B. Parking requirements — Smith would like to review for changes and see what can be administrative review by Staff and what needs to go to the Council/Commission. Hanus says he can't remember a commercial project in 10+ years that did not require a variance for parking. He feels this should be the main priority as the standards must be wrong if all require variances. Linkert requested review of on -street parking be looked at as well. Commissioner Rettherathsuggested a goal to reduce requirements of 20% be established. C. Building height definition and determination — Smith said other communities' rules are being looked at and whether or not to distinguish between interior and lake lots, lot size and slope. Smith said goal is to reduce non -conformities but perhaps not a high priority due to low number of issues in past. D. Financial/tax review of development proposal — Linkert requested financial impact be included in planning assessment. Smith stated typically financials only considered in a TIF district, not in private development when it is just land use issues. Linkert is looking for a tool that ensures the community is safe and viable and to ensure the City is reimbursed for additional demands on maintenance and infrastructure. Hanson stated HRA makes decisions with regard to TIF and Council evaluated changing the clinic commercial property to multi -family and -395- Planning Commission Minutes February 11, 2013 denied it due to the negative tax impact. Hanus stated free market provides that no one would invest in a property to make it worth less and that the incremental value should not be a factor in land use decisions. Gillispie state the City should not inhibit development by creating obstacles. Hanson requested Linkert, as a Planning Commissioner/public official, not to speak contrary to this position and to understand the HRA is the body that would review financials in the appropriate situations, not the Planning Commission. Linkert agreed he will refrain talking about this issue while a Commissioner. E. Urban agriculture - bee keeping / chickens. Smith indicated the City has received inquiries and the code does not specifically address bees, and chickens are prohibited unless under specific conditions. Linkert stated urbanization has pushed out bees and they serve as pollinators. Smith said LMC stated bee keeping no longer regulated by state since 2006. Hanson stated enforceability is the main objective of the code. Hanus said we need to distinguish between what impacts neighbors and what does not. F. Interim/special use permit regulations — Smith stated would need changes to code to implement, but would put a certain time limit on permit. Examples include home occupations or if it is anticipated the area will change due to development or redevelopment. Hanus stated the intent of the CUP is to get it right the first time and it can be subject to review. G. Pawn shops — Smith stated came out of discussion on second hand goods resellers. Smith stated regulated through the state, but they are increasing in popularity and number and the Staff wants to be prepared if they get a request. City should consider if additional licensing requirements is necessary due to nature of transactions. Discussion ensued and Hanus stated you can't ban them, but you can regulate them and decide where and where they can't go among other aspects. Linkert had inquired about adding a item on the agenda of MSA street projects. Staff and Chair Ward suggested bringing the issue before the Planning Commission first.which is why it was not included on the agenda. The top priorities were established for the items above in the following order: 213, 2A, 2E, 2G, 21F. Commissioner Retterath asked for solar and wind regulation to be reviewed and Hanus asked if that something that needs to be regulated. Retterath stated solar structures detached from primary structure should be considered and that wind options should be limited as they are not compatible with the area. Linkert asked question about work rules that deal with capital improvement program review (Article 8 of City Code). Hanus clarified that it is not Planning Commission's role to recommend public works infrastructure projects but to respond to the public works aspects of projects. Adjourn MOTION by Salazar, seconded by Goode, to adjourn at 9:11 p.m. All in favor. Motion carried. Attest: Catherine Pausche, Clerk -396- Mayor Mark Hanus I The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 12, 2013, at 7:00 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers Kelli Gillispie, Heidi Gesch, and Ray Salazar Members absent: Vacant Seat (Dave Osmek) Others present: City Manager Kandis Hanson, Finance Director/Clerk/Treasurer Catherine Pausche, City Attorney Melissa Manderschied, Community Development Director Sarah Smith, Fire Chief Greg Pederson, Mark Wegscheid, Blaze Fugina, Stephanie Bolles, Matt Bolles, T.J. Brink, Sandy Wing, Bob Boese, Kari Johnson, Stacy Burns, Heidi Wentzel, Bruce Sohns, John Morast, John Davis, Heidi Davis. Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1.Open meeting Mayor Hanus called the meeting to order at 7:00 p.m. 3. Approve agenda MOTION by Salazar, seconded by Gesch to approve the agenda. All voted in favor. Motion carried. .4. Action on Resolution to Awgint Mark Wegscheid as Councilmember MOTION by Gesch, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 13-15: RESOLUTION TO APPOINT MARK WEGSCHEID AS COUNCIL E BER TO FILL VACANT SEAT. . Swearing-in of Councilmember Wegscheid Kandis Hanson swore in Councilmember Mark Wegscheid. 6. Consent agenda MOTION by Gesch, seconded by Salazar to approve the consent agenda. All voted in favor. Motion carried. A. Approve payment of claims in the amount of $307,110.14. B. Approve minutes: January 22, 2013 regular meeting, January 29, 2013 special meeting, and February 5, 2013 special meeting. C. RESOLUTION NO. 13-16: RESOLUTION RECOMMENDING CONTINUATION OF CDBG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK ( eCN) -397- Mound City Council Minutes — February 12, 2013 D. SOLUTION NO. 13-17: RESOLUTION AUTHORIZING GRANT AGREEMENT — CONSTRUCTION GRANT WITH THE METROPOLITAN COUNCIL, INFLOW/INFILTRATION GRANT PROGRAM, FOR MOUND SANITARY SEWER REHABILITATION PROJECT E. Approve Pay Request No. 8 from GMH Asphalt, Corporation, in the amount of $94,453.71 for work completed on the 2012 Street, Utility, Lift Station and Retaining Wall Improvement Project; City Project Nos. PW -12-01, PW -12-03 and PW -12-04. F. RESOLUTION NO. 13-18: RESOLUTION APPOINTING CITY COUNCIL MEMBER MARK WEGSHEID AS REPRESENTATIVE OF THE CITY COUNCIL TO THE PLANNING COMMISSION FOR 2013 7. Comments and suggestions from citizens present on any item not on the agenda. 8A. Public HearingReview of Conditional Use Permit Amendment for Sojourn Adult Day Services at 5200 MayWood Road Community Development Director Smith spoke on behalf of applicant, Tom Penn of Sojourn Adult Daycare Services, LLC, who is requesting to increase number of clients at facility from 40 to 48. Original CUP approved in 2010, subject to conditions and amended in 2011, to increase the number of clients. The Planning Commission reviewed the application on January 15, 2013, and it was recommended for approval subject to conditions. There is an existing parking agreement with St. John's Lutheran Church for up to 15 spaces, which addresses the parking deficiency. City Attorney requests that approval be subject to an update of this agreement. Mayor Hanus asked if real demand is reflective of what the code requires. Smith said demand was evaluated in 2010 and thought it was close, but it appears more on -street parking is taking place. Mayor Hanus opened the public hearing at 7:14. John Davis, 2379 Fairview Lane, property backs up to Hiddenvale Lane. On -street parking prevents access to his lot, although there is no driveway to indicate need. Kari Johnson, an employee representing Sojourn, said Sojourn wishes to be a good neighbor but do not control the other tenants. After further discussion, Mayor requested that the landlord come and obtain an updated shared parking agreement, referenced in the CUP, between the other parties to ensure employees park on the premises and giving the City a vehicle for enforcement. . Mayor Hanus closed the hearing at 7:55. MOTION by Salazar, seconded by Gillespie, to table the action until the applicant, landlord, and upper tenants execute an agreement to have employees park in the on-site parking or at St. John's Lutheran Church parking lot and not on the street. Motion was withdrawn to allow for further discussion. Gesch asked if parking requirements based on use will be reassessed. Smith said she will revisit to determine if there has been increased use. Hanson stated the goal is to reduce parking impacts on neighborhood streets. MOTION by Hanus, seconded by Salazar, to table action and remand issue back to staff until applicant can produce an agreement between all tenants that requires all employees to park -398- Mound City Council Minutes — February 12, 2013 within the confines of the property as stated and encourages clients to do so as well, in addition to updating the shared parking agreement with St. John's Lutheran Church to reflect amendments to the CUP and other tenants in the building. All voted in favor. Motion carried. 86. Public Hearing - Review of Conditional Use Permit to allow Jubilee Foods to have seasonal, outdoor accessory retail uses at 2131 Commerce Boulevard in the Mound Marketplace Shopping Center, an existing planned unit development Smith introduced a request for a CUP and an amendment to the Mound Marketplace Planned Development Area (PDA) on behalf of Mound Marketplace, Jubilee Foods and John Royer, Jr. to allow for outdoor seasonal sales in the parking areas of the site. Four seasonal sales will take place with the largest being the spring when a greenhouse will be placed on the site. The parking area is a shared parking area with the Pond Arena. Emergency vehicle area has been established although one of the access points from Avalon will be blocked temporarily during the spring sale. Planning Commission reviewed on January 15, 2013 and recommended approval subject to conditions. Staff recommends approval but suggests higher standard for fencing materials. Mayor requested the shared parking agreement be summarized. Mayor Hanus opened the public hearing at 8:25. Sandy Wing, Early Childhood Program Coordinator, 6348 Walnut Road, said that the Kid Stuff Sale takes place in the Pond Arena in the spring which is going on its 18th year and brings 200+ vehicles. Wing requests that congestion be considered/evaluated on April 19th and 20th during the event. Stacy Burns, 2121 Commerce/3100 Ridgewood Road, is President of the Westonka Sports Association (owner of the Pond Arena), stated the board supports the proposal as presented to them. Bob Boese of Jubliee Foods spoke of actions to mitigate parking and safety issues during the Kid Stuff Sale. Police Reserves are used to help manage parking. Volunteers and/or employees will be requested to park elsewhere. Mayor asked if parking demands have been assessed with change in use and addition of the animal hospital and outdoor seasonal sales. Smith stated original analysis considered all potential uses. Hanson said staff is researching if underutilized park land adjacent to Jubilee could be sold to Mound Marketplace to allow space and a permanent structure for the outdoor seasonal sales. Hanson stated the approvals would be temporary to allow for discussions on possible sale of land. Hanus asked what makes resolution "temporary." Provision 2a states City reserves right for future evaluation. Smith stated Staff recommended CUP instead of administrative approval because the timeline is extensive, but the Code does not provide for set time -lines. CUPs are perpetual until amended. Mayor would like City's right to reevaluate be clearly stated. Hanus also requests specific, directional signage. Hanus proposed tabling action to come up with a vehicle that allows the temporary use. If it is a CUP, City must have more authority for enforcement. Hanson suggested something similar to Farmers' Market. Boese stated merchandise has been ordered and investment has been made because they assumed at least temporary approval will be given. -399- Mound City Council Minutes — February 12, 2013 Mayor Hanus .closed the hearing at 9:00. The meeting was recessed to change recording media. Hanus stated language in City Code regarding CUPs contains global language that an annual public hearing can be held but the Mayor is be aevokedr what action can be Based on the fact that Jubilee has ken and enforced by the City. Hanus is not clear that he CUP can been good to work with, and f erred sdan option for an annual review, Hanus stated he is comfortable enough to move MOTION by Hanus, seconded by Gillispie, to approve the revised handout CUP with the addition of the following language: (new) 2m. Clear directional signage in both directions is required at all times while any access I otherroad 's blockd in order to numbers below the new are bere e renumbered access the shopping center and Pond Arena. accordingly. All voted in favor. Motion carried. 9. ste ante restaurant. Stephanie Bolles, 2346 Robin Lane, summarized plans for the small restaurant to cater to residents and trail users year round by providing locally grown meats and produce. In process of obtaining permits, it was determined J.two bathrooms anvestor in the projectecessary as welequestede thechen C City facilities than originally planned.ed Council reconsider the number of seats ound isary at50 r Briniquor k said (cense. Research there is no other alternative surrounding communities are at 30 an to increase capacity since outdoor patio was enclosed. Mayor Hanus stated he is willing to go to 40 seats and further discussion ensued. MOTION by Gesch, seconded by Salazar, to direct Staff to prepare an amendment to the section(s) of the City Code that defines a restaurant with a minimum of 40 seats. 10. re Pederson Fire Chief with /� reement to Provide Auto Ata berv'ces `V the City of St Bonifacius. Chief Pederson summarized the issue for all Fire Departments with the declining number of volunteer fire fighters and stated St. Boni Fire was struggling with daytime coverage in particular. The agreement will provide urrentl Moundor Mound Fire provides mutual aid thatrovide auto aid on 6 event types from causes a 5 Monday through Friday, lam - 5pm Y to 8 minute delay in the call -out. This agreement will improve performance and guarantee a minimum of one engine company in any event. Mayor Hanus asked if this means Mound would receive any additional 2% money from the State of Minnesota and Pederson indicated no MOTION by Hanus, Seconded by Gesch/Salazar to approve the Agreement to Provide Auto Aid Services to the City of St. Bonifacius. All voted in favor. Motion carried. 11. Action on a resoliuLlull mi a—a -.._ - - with OPUS21 to provide utility billing services in the past and highlighted Pausche summarized efforts to reduce vices with OPUS21 s ng expe Pausche stated OPUS21 wasethe benefits of contracting for utility billing ser only provider to host the software and data which will allow for on-line access by City employees 4 -400- Mound City Council Minutes — February 12, 2013 and residents and reduce demands on City network. Other vendors focus on only the bill payment and presentment portion of the process. Pausche highlighted the savings that results from not having to fill a budgeted clerical position in the Finance Department. MOTION by Salazar, seconded by Gillispie, to adopt the following resolution, as amended. All voted in favor. Motion carried. i 6 V il III 007imel 0 k 9 zf—'T'" dylyi 1119 U to] WRIF4 a 1102 -.• I 111411119 14 Ill VA :114 IN I ,,, lell�*:! ZVVJ Eli * 12. Request by Lake Minnetonka Conservation District for response on Bow Fishing regulations on Lake Minnetonka Mayor Hanus stated LMCD looking for a collective opinion from all area cities on regulating bow fishing on Lake Minnetonka. There has been a large variation in opinions and City Codes. The LMCD requested the response to three questions: (1) The City Ordinance does ban weapons, specifically bows and arrows within City limits (2) The Council consensus was that state law is sufficient (3) The Council requests that the LMCD create a map that designates those areas of Lake Minnetonka that meet the requirements of state law. Hanus state local government can make things more restrictive, not less restrictive. The problem is do city limits extend into the water and that is difficult to manage. That is why the LMCD wants one policy. The water is the Hennepin County Sherriff's jurisdiction and the City is not in a position to enforce ordinances. 13. Information/Miscellaneous A. Comments/reports from Councilmembers/City Manager Hanson announced the Customer Appreciation Wine Sale taking place at Harbor Wine and Spirits now through March 2nd, 2013. Salazar announced a second Community Drug Forum taking place at the Gillespie Center on February 21, 2013 from 6:30 to 8:00pm. B. Minutes: C. Reports: Harbor Wine & Spirits — Jan 2013 D. Correspondence: 8. Adjourn MOTION by Gesch, seconded by Gillispie to adjourn at 10:54 p.m. All voted in favor. Motion carried. Attest: Catherine Pausche, Clerk -401- Mayor Mark Hanus Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A i DAY Ahoitiel & Gal fjt u�ff: 0rceineat` TO 4 DAY TEMPORARY.toc&W LIQUOR LICENSE 3►2- M AL;r Name of organization Date organized Tax exempt number Knights of Columbus -Council #6005 11-14-1967 0188 Address City State Zip Code c/o Jim Krasowski 6005 Loring. Drive Minnetrista Minnesota �� 55364 Name of person making application Business phone Home phone Jim Krasowski 952-543-6999 952-472-5596 II be sold Type of organization Date set ups wi March 1, 2013 Organization officer's name Krasowski-` Q Club ❑ Charitable ® Religious ❑ Other non-profit City State Zip nista MIhr escsta Location where permit will be used. If an outdoor area, describe. Our Lady of the Lake Gymnasium/Pace Center, 2411 Commerce Drive, Mound, MN 55364 EVENT: Shrimp Fry- will serve 3.2 Malt Liquor only If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. N/A If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. GEN LIAB/AUTO OWNERS/$1,000,000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT Mound Date Approve CityJCounty $25.00 Permit Date City Fee Amount Date Fee Paio Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. Page 1 of 1 -402- • , City of Mound • Public Works Department To: Honorable Mayor and City Council From: Carlton Moore, Director of Public Works Date: February 26, 2013 Subject: Water Tower Structure Space Lease Agreement — 6125 Evergreen Road The City of Mound owns a water tower at 6125 Evergreen Lane. T -Mobile Central LLC has succeeded to and assumed the rights and obligations of VoiceStream Minneapolis as tenant under the original agreement. Staff and the City attorney have negotiated the proposed Second Amendment to the Water Tower Structure Space Lease Agreement. The Second Amendment approves the proposed revisions to the equipment on the water tower as T- Mobile Central is a new tenant and also transfers the lease to them. All conditions of the original lease not modified by this amendment remain the same. Recommendation Based on its review, Staff recommends the City Council adopt the attached resolution authorizing execution of the Second Amendment to Water Structure Space lease Agreement with T - Mobile Central. A complete copy of the agreement is available in the Public Works office for review. -403- • Itel I to] 0 3 0 • N Egigg WHEREAS, The City of Mound entered into a lease agreement with VoiceStream Minneapolis on May 8, 2001; and WHEREAS, the lease agreement was amended on May 10, 2005; and WHEREAS, T -Mobile Central LLC is the successor in interest to VoiceStream Minneapolis; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby authorizes the execution of the second amendment to the water structure space lease agreement with T -Mobile Central as shown in Exhibit A and made a part herein. Adopted by the City Council this 26th day of February, 2013. Attest: Catherine Pausche, Clerk -404- Mayor Mark Hanus Site # AIP0410A Market Minneapolis 1 h 1 L LEASE i 1 - Exhibit A Page I of 2 THIS SECOND AMENDMENT TO WATER STRUCTURE SPACE LEASE AGREEMENT ("Second Amendment") is made and entered into by and between the City of Mound, a Minnesota Municipal Corporation ("Owner"), and T -Mobile Central LLC, a Delaware limited liability company, as successor in interest to VoiceStream Minneapolis, Inc., a Delaware corporation ("Tenant"). Recitals The parties hereto recite, declare and agree as follows: A. Owner and Tenant (or as applicable, their respective predecessors in interest) entered into a Water Structure Space Lease Agreement dated May 8, 2001, and an Amendment to Water Structure Space Lease Agreement dated May 10, 2005 (collectively, the "Agreement"), with respect to Premises located at 6125 Evergreen Lane, Mound, MN. B. As the result of a merger, T -Mobile Central LLC succeeded to and assumed the rights and obligations of VoiceStream Minneapolis, Inc., as Tenant under the Agreement. C. Owner and Tenant desire to further modify and amend certain provisions of the Agreement and Amendment. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Tenant covenant and agree as follows: 1. Effective as of February 1, 2013„ Tenant will have the right to modify its Equipment as described and depicted on Exhibit A, which is attached hereto and by this reference incorporated herein, and Owner hereby consents to and approves of the modifications described and depicted on Exhibit A, subject to receipt of a building permit and any other required approvals. Tenant shall complete all such modifications by no later than June 1, 2013. 2. Tenant's notice addresses in the Agreement are deleted in their entirety and replaced with the following: If to Tenant: T -Mobile Central LLC 12920 SE 38`" Street Bellevue, WA 98006 Attn: Agreement Compliance Site # AIP0410A 3. The terms and conditions of the Agreement are incorporated herein by this reference, and capitalized terms used in this Second Amendment shall have the same meanings such terms are given in the Agreement. Except as specifically set forth herein, this Second Amendment shall in no way modify, alter or amend the remaining terms of the Agreement, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of -405- Exhibit A Page 2 of 2 the Agreement and this Second Amendment, the terms and conditions of this Second Amendment will govern and control. 4. Owner represents and warrants to Tenant that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this Second Amendment, or if any such third party consent or approval is required, Owner has obtained any and all such consents or approvals. IN WITNESS WHEREOF, the parties have executed this Second Amendment effective as of the date of execution by the last party to sign. City of Mound, a Minnesota Municipal Corporation am Name: Title: Date: By: Name: Title: City Manager Date: 0 -406- T -Mobile Central LLC, a Delaware limited liability company iwR *�. - Name: Lon _2 D. 5341 Maywood Road Mound, MN 55364 (952) 472-0604 Memorandum To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: 2/22/2013 Re: Woodlyn Ridge Residential Development—Woodlyn, LLC Background. The Preliminary Plat, the PDA -CUP and related actions for Woodlyn Ridge were approved by the City Council on January 22, 2008. Subsequent resolutions were also adopted by the City Council on November 25, 2008 (Resolution No. 08-1174) and November 24, 2009 (Resolution No. 09-96) to approve 1 -year extensions for City approval of the Preliminary Plat. The Final Plat for Woodlyn Ridge along with related actions including the Development Agreement, Early Start Agreement, wetland buffer declaration and trail easements were approved on May 25, 2010. Resolution No. 10-38 was also approved which amended the legal description in a number of earlier resolutions. Subsequent amendments to the Development Agreement and Early Start Agreement were also approved but have since expired or otherwise lapsed without amendment renewal or extension. As the Council may recall, the original project approvals for Woodlyn Ridge contemplated that the improvements would be constructed by the owner or developer. Since that time, the property was sold to Woodlyn, LLC, who submitted a Petition and Waiver to have the City construction the improvements and assess the costs against the property pursuant to Minnesota Statutes, Chapter 429. The Petition and Waiver was approved by the City Council on December 11, 2012 (Resolution No. 12-103.) In light of these changes, new resolutions for a modified Final Plat, the PDA -CUP and the Development Agreement have been prepared for Council action. A resolution to amend Resolution No. 10-38 to correct the legal description previously included in City resolutions has also been prepared. Staff recommends Council approval of all resolutions. Additional Comments. ® Resolution No. 08-33 approving the Final Plat included a condition stating that the Final Plat expired within one (1) year if not recorded per Sec. 121-87. This condition was in error as this provision was previously removed from the City Code in advance of the City's approval of the Final Plat. • Minor modifications to the Final Plat include adjustment of the drainage and utility easement for a filtration basin on Lot 4, Block 1 that was proposed by Woodlyn, LLC and approved by the City Engineer. ® Copies of all resolutions related to the City's approval of the Woodlyn Ridge project are available and will be provided upon request. -407- • • i+ 1W:&-i*1 gill Is • • • • 1 • ' a WIT91-eJU 11 WHEREAS, on May 25, 2010 the City Council approved Resolution No. 10-38 to correct typographical errors in the legal descriptions provided in Resolution No. 08-15, Resolution No. 08- 16, and Resolution No. 08-17, and Resolution No. 08-114 ("Resolutions"); WHEREAS, on or about December 14, 2012, the fee owner of the property commonly known as 6301 Lynwood Boulevard and subject to these Resolutions ("Propert/') provided the City with a revised legal description for the Property; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, hereby expressly incorporates herein the recitals set forth above and hereby adopts Resolution No. 13- to amend Resolution No. 08-15, Resolution No. 08-16, and Resolution No. 08-17 to correct errors in the legal description such that the Property is legally describes as follows: Lots 2, 3, and the East Half of Lot 4, Block 11, "Mound Terrace", and that part of the Northerly and Westerly Half of vacated Butternut Road F.K.A. (Formerly Known As Glen Lane) that lies Westerly of the Southerly extension of the East Line of said Lot 2 and Northerly of the Easterly extension of the South Line of said Lot 3, Hennepin County, Minnesota. Adopted by the City Council this 26th day of February, 2013. Catherine Pausche, City Clerk -408- Mayor Mark Hanus 4*01 gol•ILI relmbll RESOLUTION RESCINDING RESOLUTION NO.08-16 AND ADOPTING A NEW RESOLUTION APPROVING THE PLANNED DEVELOPMENT AREA — CONDITIONAL USE PERMIT FOR WOODLYN RIDGE THE PROPERTY AT 6301 LYNWOOD BOULEVARD WHEREAS, following an application by the B. Benson Group, the City Council, on January 22, 2008, approved the preliminary plat (Resolution No. 08-15), a CUP -PDA (Resolution No. 08-16), a water resources permit (Resolution No. 08-17) for Woodlyn Ridge, a single-family development on 4.17 acres, located at 6301 Lynwood Boulevard ("Subject Property"); and WHEREAS, the Subject Property is located on the south side of Lynwood Boulevard in the area between Westedge Boulevard and Robin Lane, near the western edge of Mound; and WHEREAS, the legal description of the Subject Property provided in Resolution No. 08-15, Resolution No. 08-16 and Resolution No. 08-17 was revised by Resolution No. 10-38 and further revised by Resolution No. 13 and WHEREAS, the Subject Property is legally described as follows: Lots 2, 3, and the East Half of Lot 4, Block 11, "Mound Terrace", and that part of the Northerly and Westerly Half of vacated Butternut Road F.K.A. (Formerly Known As Glen Lane) that lies Westerly of the Southerly extension of the East Line of said Lot 2 and Northerly of the Easterly extension of the South Line of said Lot 3, Hennepin County, Minnesota. EM WHEREAS, the applicant previously submitted a sketch plan proposing to subdivide the Subject Property into 11 residential lots with single-family detached homes, as allowed by the City's Subdivision Ordinance, which was informally reviewed by Staff, the Planning Commission at its October 8, 2007 meeting, and the City Council at its October 23, 2007 meeting; and WHEREAS, the applicant proposed to create one new public street, Woodlyn Ridge Court, as part of the subdivision, which would have a 50 -foot right-of-way and access Lynwood Boulevard (CSAR 15) on the north side of the Subject Property; and WHEREAS, applicant on November 29, 2007, submitted an application requesting approval of a Planned Development Area (PDA) Conditional Use Permit (CUP) in accordance with City Code Chapter 350.460 for the Subject Property; and WHEREAS, the purpose of the PDA -CUP process is to provide a method by which parcels of land in the Residential Use Districts having unusual building characteristics due to subsoil conditions, topographic conditions, elevation ofwatertable, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires more unique and controlled platting techniques to protect and promote the quality of life in the City; and H -409- WHEREAS, the City's Comprehensive Plan guides the Subject Property for Low Density Residential, which allows single-family detached and attached housing types within the density of one (1) to six (6) units per acre, and the proposed subdivision would be 2.6 units per acre, which is consistent with the Comprehensive Plan's land use and density guidance; and WHEREAS, the Subject Property is located in the R-1 (Single -Family Residential) zoning district, which has a minimum lot area of 10,000 square feet or maximum density of 4.4 units per acre, and the proposed subdivision would be 2.6 units per acre, which does not exceed the maximum density permitted in the R-1 zoning district; and WHEREAS, the R-1 (Single -Family Residential) zoning district has the following minimum requirements: • Minimum Lot Area 10,000 sq ft ® Minimum Lot Width 60 ft ® Minimum Lot Depth 80 ft ® Minimum Front Yard Setback 30 ft ® Minimum Side Yard Setback loft ® Minimum Rear Yard Setback 15 ft Minimum lot frontage on an improved public street shall be 60 ft, except that lots fronting on a cul- de-sac shall be 60 ft at the front building setback line; and WHEREAS, all of the proposed lots meet the minimum lot area, lot width, lot depth, lot frontage and rear yard setback requirements; and WHEREAS, the applicant indicated that the purpose of the PDA -CUP request is to enable site design flexibility and variety for an unusual site due to its irregular shape, the resulting lot geometries, the site's topography, the location of the traveled versus platted centerline of the adjacent CSAR 15 roadway, and the fact that this project is an infill residential development bounded on three (3) sides by existing residential development and on the fourth side by a County Road. Additionally, during construction of CSAH 15, the platted centerline was not adhered to resulting in a traveled centerline that is located south of the platted centerline and therefore crowds the northern property line of the proposed development site; and WHEREAS, as part of the PDA -CUP, the applicant proposed smaller front yard setbacks of 25 ft versus the R-1 minimum requirement of 30 ft and alternating side yard setbacks of six (6) ft on one side and ten (l 0) ft on the other side versus the R-1 minimum requirement of 10 ft; and WHEREAS, as part of the PDA -CUP, the applicant also proposed smaller corner side yard setbacks of 20 ft for Lots 1 & 11 versus the minimum corner side yard setback requirement of 30 ft as measured from CSAR 15 right-of-way; and WHEREAS, maximum hardcover surfaces allowed in residential zoning districts is 30% of the lot area; and WHEREAS, as part of the PDA -CUP, the applicant proposed a variety of hardcover percentages by lot that range from 22% on the largest lot to 35% on the smallest lots, however, the cumulative hardcover for all lots would meet the 30% maximum requirement; and -410- WHEREAS, as part of the PDA -CUP, flexibility from the fence regulations in the City Code which restricts the height of fences for retaining walls to no more than 42 inches and permit a fence up to 48 inches to be placed on the top of the retaining wall(s) was recommended by the City Engineer; and WHEREAS, the Planning Commission held a public hearing and reviewed the proposed Woodlyn Ridge major subdivision/preliminary plat, land use and related permit applications at its January 14, 2008 meeting and recommended the Council approve the PDA -CUP Application for the Subject Property, the Woodlyn Ridge subdivision, subject to conditions; and WHEREAS, the City Council held a public hearing and reviewed the proposed Woodlyn Ridge major subdivision/preliminary plat, land use and related permit applications at its January 22, 2008 meeting; and WHEREAS, at its January 22, 2008 meeting, the City Council adopted Resolution No. 08-16 approving the PDA -CUP application, which is herein recommended to be rescinded; and WHEREAS, the Subject Property was subsequently sold and on May 25, 2010, the City Council, approved the Woodlyn Ridge final plat (Resolution No. 10-33), a wetland buffer declaration (Resolution No. 10-36), trail easement agreements (Resolution No. 10-37), and a development agreement (Resolution No. 10-34) for Woodlyn Ridge following an application from Timothy D. Hartman; and WHEREAS, the City and Timothy D. Hartman subsequently amended that development agreement and also entered into an early start agreement (Resolution No. 10-35) and a subsequent amended and restated early start agreement, all of which have subsequently expired or lapsed without amendment, renewal, or extension; and WHEREAS, the original project approvals for Woodlyn Ridge contemplated that all improvements would be constructed by the owner or developer; and WHEREAS, following the City's approval of the Planned Development Area -Conditional Use Permit and Final Plat for the Woodlyn Ridge project, the Subject Property was sold to Woodlyn, LLC; and WHEREAS, Timothy D. Hartman is Chief Manager of Woodlyn, LLC; and WHEREAS, the City, on December 11, 2012, accepted a Petition and Waiver (Resolution No. 12- 103) from Woodlyn, LLC setting forth their interest to have certain public improvements constructed to serve the Subject Property, petitioning the City to construct the improvements and assessing the entire cost of the improvements against the Subject Property pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, in light of these changes, Staff recommends Resolution No. 08-16 be rescinded and a new resolution adopted to reaffirm the City's approvals of these actions as provided herein; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: 1. The recitals set forth above are expressly incorporated herein. 2. Resolution No. 08-16 is hereby rescinded. 3 -411- 3. The Conditional Use Permit for a Planned Development Area Application for the Woodlyn Ridge 11 -unit residential development is hereby approved subject to the following conditions: a. The 30% maximum hardcover percentage shall be maintained by the eleven (11) lots in total. It shall be the applicant's responsibility to verify and maintain documentation regarding the status of the hardcover calculations. The applicant shall submit a development site plan that visually communicates the maximum hardcover percentages allowed for each individual lot as part of the Final Plat application submittal. b. The proposed retaining wall(s), which shall be located on private property and shall not be the responsibility of the City, will need to be designed and stamped by a licensed structural engineer in the State of Minnesota as is required for wall structures exceeding four (4) feet in height. c. Modifications to the proposed retaining wall including a two-tiered wall and placement of the wall(s) are subject to review and approval by the City of Mound. Applicant is advised that in the event the retaining wall or portion thereof is located within the wetland or buffer area(s), additional permitting may be required. d. Any retaining wall over four (4) feet in height shall require a fence or railing to be constructed along the top of the wall and shall be subject to approval by the City Engineer. e. A fence up to 48 inches in height on top of the retaining wall(s) is hereby approved as part of the PDA -CUP. f. Payment of any City fees associated with review of the PDA -CUP. g. Approval of the Water Resource Permit including any and/or all conditions referenced in the official resolution. h. Approval of the Preliminary Plat including any and/or all conditions referenced in the official resolution. i. The proposed private retaining wall(s), portions of which are proposed to be higher than four (4) feet in height, are approved to be constructed within the side, front and rear yards of Lot 6 and Lot 7 as part of the PDA -CUP. Adopted by the City Council this 26th day of February, 2013 Attest: Catherine Pausche, City Clerk Mark Hanus, Mayor rd -412- nmldbu• i+ RESOLUTION RESCINDING RESOLUTION NO. 10-33 AND ADOPTING A NEW RESOLUTION APPROVING MODIFIED FINAL PLAT FOR WOODLYN RIDGE FOR THE PROPERTY AT 6301 LYNOOD BOULEVARD WHEREAS, following an application by the B.Benson Group, the City Council, on January 22, 2008, approved the preliminary plat (Resolution No. 08-15), a CUP -PDA (Resolution No. 08-16), a water resources permit (Resolution No. 08-17) for Woodlyn Ridge, a single-family development on 4.17 acres, located at 6301 Lynwood Boulevard ("Subject Property"); and WHEREAS, the applicant proposed to subdivide the Subject Property into 11 residential lots with single-family detached homes; and WHEREAS, the Subject Property is located on the south side of Lynwood Boulevard in the area between Westedge Boulevard and Robin Lane, near the western edge of Mound; and WHEREAS, the legal description of the Subject Property provided in Resolution No. 08-15, Resolution No. 08-16 and Resolution No. 08-17 was revised by Resolution No. 10-38 and further revised by Resolution No. 13-_; and WHEREAS, the Subject Property is legally described as follows: Lots 2, 3, and the East Half of Lot 4, Block 11, "Mound Terrace", and that part of the Northerly and Westerly Half of vacated Butternut Road F.K.A. (Formerly Known As Glen Lane) that lies Westerly of the Southerly extension of the East Line of said Lot 2 and Northerly of the Easterly extension of the South Line of said Lot 3, Hennepin County, Minnesota. ; and WHEREAS, the applicant proposed to create one new public street, Woodlyn Ridge Court, as part of the Woodlyn Ridge subdivision, which would have a 50 -foot right-of-way and access Lynwood Boulevard (CSAR 15) on the north side of the Subject Property; and WHEREAS, the City's Comprehensive Plan guides the Subject Property for Low Density Residential, which allows single-family detached and attached housing types within the density of one (1) to six (6) units per acre, and the proposed subdivision would be 2.6 units per acre, which is consistent with the Comprehensive Plan's land use and density guidance; and WHEREAS, the property is located in the R-1 (Single -Family Residential) zoning district, which has a minimum lot area of 10,000 square feet or maximum density of 4.4 units per acre, and the proposed subdivision would be 2.6 units per acre, which does not exceed the maximum density permitted in the R-1 zoning district; and WHEREAS, the Planning Commission held a public hearing and reviewed the proposed Woodlyn Ridge Major Subdivision -Preliminary Plat, land use and related applications at its January 14, 2008 meeting and recommended that the City Council approve the Major Subdivision/Preliminary Plat, land use and related applications for Woodlyn Ridge subject to conditions; and 1 -413- WHEREAS, the City Council, on January 22, 2008, held a public hearing pursuant to Mound City Code for review of the proposed preliminary plat and Planned Development Area — Conditional Use Permit (PDA -CUP). The City Council approved the proposed subdivision through Resolution No. 08-15, Resolution No. 08-16 and Resolution No. 08-17; and WHEREAS, the City Council, on November 25, 2008, approved a 1 -year extension for City approval of the preliminary plat until January 22, 2010 following adoption of Resolution No. 08-114; and WHEREAS, the City Council, on November 24, 2009, approved a 1-yearextension for City approval of the preliminary plat until January 22, 2011 following adoption of Resolution No. 09-96; and WHEREAS, the City Council studied the practicability of the Final Plat taking into consideration the requirements of the City, giving particular attention to the lot arrangement, their relation to topography, wetlands, water supply, sewage disposal, drainage, the present development of adjoining lands and the requirements of the Zoning Ordinance and other official controls; and WHEREAS, the Subject Property was subsequently sold and on May 25, 2010, the City Council, approved the final plat (Resolution No. 10-33) for Woodlyn Ridge following an application from Timothy D. Hartman; and WHEREAS, on May 25, 2010, the City Council also approved a wetland buffer declaration (Resolution No. 10-36) and trail easement agreements (Resolution No. 10-37) from Timothy D. Hartman; and WHEREAS, on May 25, 2010, the City and Timothy D. Hartman entered into a development agreement (Resolution No. 10-34) as well as subsequent amendments to that development agreement. The City and Timothy D. Hartman also entered into an early start agreement (Resolution No. 10-35) and a subsequent amended and restated early start agreement, all of which have subsequently expired or lapsed without amendment, renewal, or extension; and WHEREAS, the original project approvals for Woodlyn Ridge contemplated that all improvements would be constructed by the owner or developer; and WHEREAS, following the City's approval of the Planned Development Area -Conditional Use Permit and Final Plat for the Woodlyn Ridge project, the Subject Property was sold to Woodlyn, LLC; and WHEREAS, Timothy D. Hartman is Chief Manager of Woodlyn, LLC; and WHEREAS, the City, on December 11, 2012, accepted a Petition and Waiver (Resolution No. 12- 103) from Woodlyn, LLC setting forth its interest in having certain public improvements constructed to serve the Subject Property, petitioning the City to construct the improvements and assessing the entire cost of the improvements against the Subject Property pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, in light of these changes, staff recommends that Resolution No. 10-33 be rescinded and a new resolution adopted to reaffirm the City's past approvals, to acknowledge the new ownership entity of Woodlyn, LLC; the Petition and Waiver from Woodlyn, LLC for the use of Chapter 429 financing to construct certain improvements; and to approve a revised Final Plat with a modification of the drainage and utility easement on Lot 4, Block 1 for the filtration basin that was approved by the City Engineer. 2 -414- WHEREAS, Staff has deemed the modification to the Final Plat to be minor and recommends approval of the Final Plat for Woodlyn Ridge as modified; and WHEREAS, said Final Plat, as modified herein, is in all respects consistent with the Preliminary Plat, City Comprehensive Plan, and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: 1. The recitals as set forth above are expressly incorporated herein. 2. Resolution No. 10-33 is hereby rescinded. 3. The Final Plat for Woodlyn Ridge, as modified herein, is hereby approved with the following requirements and conditions: a. The final plat drawing labeled Exhibit A is hereby incorporated into this Resolution and all developer improvements shall be as shown on the plans dated 11-27- 2012, revised 1-15-2013, or as modified under the approval of the City Engineer. b. The City Attorney shall examine title to the property and shall render a title opinion to the City showing the ownership of the Subject Property. C. The 30% maximum hardcover percentage shall be maintained by the eleven (11) lots in total. It shall be the applicant's responsibility to verify and maintain documentation regarding the status of hardcover calculations. The development site plan which shows the maximum hardcover percentages allowed for each individual lot is hereby incorporated as Exhibit B. d. The proposed retaining wall(s), which shall be located on private property and shall not be the responsibility of the City, will need to be designed and stamped by a licensed structural engineer in the State of Minnesota as is required for wall structure exceeding four (4) feet in height. e. Modifications to the proposed retaining wall including a two-tiered wall and placement of the wall(s) are subject to review and approval by the City of Mound. Applicant is advised that in the event the retaining wall or portion thereof is located within the wetland or buffer area(s), additional permitting may be required. Any retaining wall over four (4) feet in height shall require a fence or railing to be constructed along the top of the wall and shall be subject to approval by the City Engineer. A fence up to 48 inches in height on top of the retaining wall(s) is permitted under the PDA -CUP. f. A trail easement shall be provided along CSAH 15 within the drainage and utility easements to accommodate a future county trail. The trail easement shall be recorded along with the plat by the developer at his expense providing proof that the easement has been recorded. 3 -415- g. The applicant shall be responsible for preparation, execution and recording of a Wetland Buffer Declaration and Trail Easement Agreements, the form and content of which shall be subject to review and acceptance by the City of Mound. h. Payment of all required utility fees at the current approved rates prior to release of the resolution: Water Trunk Area Charge (WTAC) - $2,000/unit, Sewer Trunk Area Charge (STAC) - $2,000/unit. Payment of water service connection fee - $240/unit, and sewer service connection $240/unit fee as part of building permit. Payment of SAC fees as part of the building permit. i. Payment of any City fees associated with review of the Final Plat Application or related land use permitting. j. Park dedication requirement shall be fulfilled by cash payment in lieu of land in accordance with City Code shall be paid prior to the release of the Final Plat. k. Any and/or all conditions included in the official resolution approving the PDA - CUP for the project. Any and/or all conditions included in the Water Resources Permit. M. The lots shall have non -lot of record status. n. Applicant shall be responsible for providing all existing/proposed legal description information in electronic form to City of Mound. o. Structures shall not be built into the required front, side and rear yards. P. The homes shall have at least 840 square feet of area, not including any garage. q. Structures, roadways, driveways and parking areas must be located outside of the wetland buffer. Any curb, gutter and streets which are disturbed because of construction including but not limited to installation of the water service, sewer service and small utilities, shall be replaced. S. An approved Hennepin County permit will be required for any construction taking place within CSAH 15 right-of-way. t. Locations of water and sewer services need to be approved by Mound Public Works Department. U. The applicant shall be responsible for recording all necessary resolutions and documents with Hennepin County. The applicant is advised that the resolutions and documents will not be released for recording until all conditions have been met and all fees have been paid. V. No building permits will be issued until evidence of recording of the resolution(s) and easement(s) has been provided to the City by the applicant except as provided for in the Development Agreement. 0 -416- W. Prior to any occupancy the applicant shall secure Certificates of Occupancy from the Building Official. Certificates will not be issued for homes in the subdivision until utilities and accesses servicing the homes are approved by the City Engineer, Public Works Director and Building Official. X. No future approval of any development plans and/or building permits is included as part of this action in the event the major subdivision -preliminary plat is approved. Y. The applicant shall submit all required information upon submittal of the building permit applications, when appropriate. Z. Applicant shall be responsible for procurement of any and/or all public agency permits including the submittal of all required information prior to building permit issuance. aa. No work is authorized or approved on public property. Applicant is advised that additional permitting may be needed in the event construction or other related activities are undertaken on public -owned land and is contingent upon the specific improvements proposed to be constructed. bb. Early construction of one home and installation of utilities, curb and gutters, and a roadway to service that home can occur as stipulated by the Development Agreement. cc. Applicant shall enter into a Development Agreement with the City and shall meet all requirements and conditions identified in said Development Agreement. dd. Exhibit A-1 of the Development Agreement, which includes the estimate for Developer Items, is currently being prepared by the applicant's engineer and will be subject to review and approval by the City Engineer. 2. The Major Subdivision -Final Plat for Woodlyn Ridge, as modified herein, is hereby approved for the Subject Property. Adopted by the City Council this 26th day of February, 2013 Attest: Catherine Pausche, City Clerk Mark Hanus, Mayor 9 -417- Exhibit A -418- r T a s 1 v. r`\'v. JAv'v. i wr rnr•w c tum yyy� t c Q ^ g F 8?a $.iss. rL� r.aw YNWDOD BLVD. LYN —OD BLVD. i s, s c � I a 3c ;$ §� sm•r�!' i I Ij 8 �Sld 8$ fitson— Ulf 1, --- ;& 'tl I any : I r— ; a .IL------�� c) s� O r — q�p P �----------- ---J e t44s o�------- ykl II $E€ht t� tf $ a? iTUN k--- 91114 3a�i 'rl s f I v a Rh sAcE3s` t seeasmrun -1 ., zs8ES,% ----- •mwir ( �F119$ 1i \mak. �1 / ,o I 8 yy § I is I gi��"f• j� C, 04 At � � � csE) $ I i S I 11 1 � /� �• S I / I: o• i 1 fit - �____—___ 9r aq 1W1Yi•4 •¢.n ,S.M �� g�� r / nA/nnnA/ Y Vin\/[ 7t/vJ v L. fe; a n y s _ -419- 1 -420- m E o� -(p s �m #,fit PE f p �:-4- ME �r•rr• - > jI C * O 8 °zz y z Z7 z� m ¢ I } t J > jI � y I } t J A p- ois-/ > � y -1- i 'O ra N 1 _ JG '3 Ngo a b WHO � lbW'IIWtSND'J If3 / S ON V.S. a i �Az A$ ;00 v R { Mm P P P Y co) m6t (n PP:'PYfY N>' A gr "°QgvJt ,� zm gr -1 9IIS,€�"II1p al r- gjog rn N 99 g All �A I fix R� -421- A y ' _----�'.'O I o � I P m r m z 11 ff Po P" c 0 090 c cp!� PZZ Z!� K ZF.;u 0 Q m 0 z m a I-V -422- Exhibit B -423- Impervious Allowances WOODLYN RIDGE Mound, Minnesota Setbacks Front - 25' Side (10' one side, 6' opposite side) Rear 15' -424- Square Feet Elevation Hardcover •10959.09 10031.04 10059.26 14238.74 22696.23 27078.13 16781.48 10074.87 0.91 M .. I 152619-58 Setbacks Front - 25' Side (10' one side, 6' opposite side) Rear 15' -424- RESOLUTION TO APPROVE THE DEVELOPMENT AGREEMENT WITH WOODLYN, LLC FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301 LYNOOD BOULEVARD WHEREAS, the subject property is commonly known as 6301 Lynwood Boulevard and legally described as: Lots 2, 3, and the East Half of Lot 4, Block 11, "Mound Terrace", and that part of the Northerly and Westerly Half of vacated Butternut Road F.K.A. (Formerly Known As Glen Lane) that lies Westerly of the Southerly extension of the East Line of said Lot 2 and Northerly of the Easterly extension of the South Line of said Lot 3, Hennepin County, Minnesota, and is proposed to be developed as a subdivision in the City bearing the name "Woodlyn Ridge" and sometimes hereinafter referred to as the "Subject Property"; and WHEREAS, the City of Mound ("City") approved the preliminary plat (Resolution No. 08-15), a CUP -PDA (Resolution No. 08-16), a water resources permit (Resolution No. 08-17), and a final plat (Resolution No. 10-33) bearing the name Woodlyn Ridge, a single-family development on 4.17 acres that is subdivided into 11 single-family lots; contingent upon compliance with certain City requirements including, but not limited to, the matters set forth in these Resolutions; and WHEREAS, the legal description of the Subject Property provided in Resolution No. 08-15, Resolution No. 08-16, and Resolution No. 08-17 were revised by Resolution No. 10-38, and subsequently further revised by Resolution No. 13-_; and WHEREAS, the City also approved a wetland buffer declaration (Resolution No. 10-36) and trail easement agreements (Resolution 10-37) from the then -owner of the Subject Property, Timothy D. Hartman; and WHEREAS, the City and then -owner of the Subject Property, Timothy D. Hartman, entered into a development agreement wherein the developer agreed to install all the improvements to the Subject Property (Resolution No. 10-34) and an early start agreement (Resolution No. 10-35), as well as subsequent amendments of those agreements, all of which have subsequently expired or otherwise lapsed without amendment, renewal, or extension; and WHEREAS, following the City's approvals of the aforementioned Resolutions, the Subject Property was sold to Woodlyn, LLC, a Minnesota limited liability company ("Developer"), who is now the fee owner and developer of the Subject Property; and WHEREAS, the City accepted Developer's Petition and Waiver (Resolution No. 12-103) setting forth Developer's desire to have certain public improvements constructed to serve the Subject Property ("Public Improvements"); petitioning the City to construct the Public Improvements; and assessing the entire cost of the Public Improvements against the Subject Property pursuant to Minnesota Statutes, Chapter 429 and as further set forth in that certain Petition and Waiver made to the City December 14, 2012 (on file with the Hennepin County Recorder as Doc. No. A0990877 as of February 15, 2013); and WHEREAS, in light of the aforementioned changes, the City approved Resolution No. 13 - rescinding Resolution No. 08-16 and Resolution No. 10-33 and reaffirming these City's approvals with minor adjustments to the flat plat for Woodlyn Ridge as requested by the Developer; and -425- WHEREAS, a condition of Resolution No. 13-_ is the preparation of a development agreement between the City and the Developer, and WHEREAS, the City and the Developer now desire to enter into a Development Agreement setting forth certain requirements and obligations relating to the development of the Subject Property including but not limited to early start permission and the execution and recording of certain revised declarations and easements as further set forth in Exhibit A ("Agreement'); WHEREAS, this Agreement is intended to replace and supersede all previous oral agreements, previous development and early start agreements and related amendments thereto, and previous negotiations between the parties in relation to the Subject Property; and WHEREAS, City staff recommend the approval of this Agreement; and WHEREAS, the City Council considered this recommendation at its regular meeting on February 26, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve the Development Agreement for the Woodlyn Ridge subdivision as well as the Wetland Buffer Declaration and Trail Easement Agreements for the Woodlyn Ridge subdivision subject to the following conditions: 1. The recitals set forth above are expressly incorporated herein. 2. The final form and content of the Development Agreement, including the Wetland Buffer Declaration, Trail Easement Agreements, and Consent set forth as Exhibits to the Development Agreement and whose execution is required by the Development Agreement, shall be in substantially the same form as Exhibit A and shall be subject to the review and acceptance of the City Attorney; and 3. The Mayor and City Manager are authorized to execute the Development Agreement in substantially the same form as Exhibit A as well as all related documents that are included as Exhibits to the Development Agreement; and 4. The Developer shall be responsible for recording the Development Agreement as well as all related documents that are included as Exhibits to the Development Agreement and providing evidence of such recording to the City of Mound. Adopted by the City Council this 26th day of February, 2013. Catherine Pausche, City Clerk -426- Mayor Mark Hanus EXHIBIT A DEVELOPMENT AGREEMENT -427- 2/22/13 Al ' THIS DEVELOpMFNT AGREEMFNT is entered into on the — day of February, 2013 by and between Woodlyn, LLC, a Minnesota limited liability company ("Developer") and the City of Mound, a municipal corporation, situated in the County of Hennepin, State of Minnesota ("City"). CTT S A. Developer is the fee owner and developer of parcels of land described as: Lots 2, 3, and the East Half of Lot 4, Block 11, "Mound Terrace", and that part of the Northerly and Westerly Half of vacated Butternut Road F.K.A. (Formerly Known As Glen Lane) that lies Westerly of the Southerly extension of the East Line of said Lot 2 and Northerly of the Easterly extension of the South Line of said Lot 3, Hennepin County, Minnesota, and which property is proposed to be developed as a subdivision in the City bearing the name "Woodlyn Ridge" and may sometimes hereinafter be referred to as the "Subject Property." B. City approved the preliminary plat (Resolution No. 08-15), a CUP -PDA (Resolution No. 08-16), a water resources permit (Resolution No. 08-17), and a final plat (Resolution No. 10-33) named. Woodlyn Ridge, a single-family development on 4.17 acres that is subdivided into 11 single-family lots; contingent upon compliance with certain City requirements including, but not limited to, matters set forth in these Resolutions. The legal description of the Subject Property provided in Resolutions 08-15, 08-16, and 08-17 were revised by City Resolution 10-38, and subsequently further revised by City Resolution 13 419143v4 MTM MU200-172 1 -428- C. The City also approved wetland buffer declaration (Resolution No. 10-36) and trail easement agreements (Resolution 10-37) with the previous owner the Subject Property (Timothy D. Hartman). The ownership of the Subject Property has changed since the adoption of these resolutions so they must be revised and reapproved accordingly as provided for in this Agreement. D. The City and previous owner of the Subject Property (Timothy D. Hartman) entered into a development agreement (Resolution No. 10-34) and an early start agreement (Resolution No. 10- 35), as well as subsequent amendments of those agreements, all of which have subsequently expired without amendment, renewal, or extension. E. The City and the Developer now desire to enter into this Development Agreement setting forth certain requirements and obligations relating to the development of the Subject Property including but not limited to early start permission and the execution and recording of certain revised instruments ("Agreement"). This Agreement is intended to replace and supersede all previous oral agreements, previous development and early start agreements and related amendments thereto, and previous negotiations between the parties in relation to the Subject Property. F. The City accepted Developer's Petition and Waiver (Resolution 12-103) setting forth Developer's desire to have certain public improvements constructed to serve the Subject Property ("Public Improvements"); petitioning the City to construct the Public Improvements; and assessing the entire cost of the Public Improvements against the Subject Property pursuant to Minnesota Statutes, Chapter 429, as further set forth in that certain Petition and Waiver made to the City December 14, 2012 (on file with the Hennepin County Recorder as Doc. No. A0990877 as of February 15, 2013) and as provided in this Agreement. G. City further requires that the Developer perform other work and install certain on and off- site improvements within the Subject Property, which work and improvements typically consist of grading, boulevard landscaping, drainage swales, erosion control, street cleaning, and front yard trees, wetland buffer and retaining wall, which improvements to the Subject Property shall be referred to herein as "Developer Items". The Developer Items and Public Improvements are collectively referred to as the "Improvements." 1.01. Developer Res onsible. Developer agrees to construct and fully pay for the Developer Items required for development of the Property, as described in plans and specifications approved by of the Public Works Director ("Approved Plans"). For the purpose of this Agreement, the Approved Plans shall mean the Grading Plan Set from Otto & Associates dated 11-27-2012, revised , and approved by the City Engineer on and the Landscaping Plan (LI) dated November 13, 2007, which was approved as part of the Preliminary Plat (Resolution No. 2 419143v4 MJM MU200-172 -429- 08-16) on January 22, 2008; and to facilitate the installation of private utilities. The Developer Items and estimated costs are listed in the attached Exhibit A -l. The Developer Items shall be constructed in accordance with City specifications and the Approved Plans. A copy of the Approved Plans must be filed with the Public Works Director prior to commencement of construction of the Developer Items. Prior to beginning construction, the Developer or the Developer's engineer will schedule a preconstruction meeting with all parties concerned, including City staff and engineers to review the program for construction work. All labor and work will be done and performed in the best and most workerlike manner and in strict conformance with the Approved Plans. Any deviation from the Approved Plans must be preapproved in writing by the Public Works Director. 1.02. Staking Surveying and Inspections. Developer must provide all required staking and surveying for the Developer Items in order to ensure that the completed Developer Items conform to the Approved Plans. The City will provide for construction inspection. Developer must notify the Public Works Director at least 48 hours in advance, not including weekend days or holidays, for inspection service or scheduling of tests to be performed. Costs incurred by the City for the inspection activities will be recovered through the escrow described in paragraph 3.05. 1.03. Unsatisfactory Labor or Material. In the event that the Public Works Director rejects as defective or unsuitable any material, then such material must be removed and replaced with approved material at the sole cost and expense of the Developer. In the event that the Public Works Director rejects as defective or unsuitable any labor supplied by the Developer, then the labor must be completed again to the specifications and with the approval of the Public Works Director at the sole cost and expense of the Developer. 1.04. Records. Upon request by the Public Works Director, Developer will provide requested copies of bids, change orders, suppliers, subcontractors, or related matters, relating to the work to be performed by the Developer. 1.05. Final Ins_pection/Acceptance. Upon completion of all work required by the Public Works Director, the Public Works Director and representatives of the Developer's contractor and/or engineer will promptly make a final inspection of the work. Before final payment is made to the contractor by the Developer, the Public Works Director shall be satisfied that all work is satisfactorily completed in accordance with the Approved Plans, and the Developer's engineer shall submit a written statement attesting to the same. The final approval and acceptance of the development and Public Improvements shall take the form of a resolution duly passed by the City council of the City, on the advice of the Public Works Director. The City council will not unreasonably delay action on such resolution. The resolution will also accept any Developer Items which are to be transferred to the City upon proper completion. 1.06. As -built Plans. Upon completion of the work, the Developer shall provide the City with: (i) a full set of as -built plans in a digital PDF format, and (ii) an as -built survey in a CADD format, for City records. 419143v4 MJM MU200-172 3 -430- 1.07. Maintenance Bond. The Developer and/or its contractor shall be required to furnish the City a two-year maintenance bond guaranteeing all Developer Items that are transferred to the City. 1.08. Time for Developer's Performance. The Developer will commence work on the Developer Items as soon after execution of this Agreement as is feasible in light of weather conditions, and will have all work done and the Developer Items completed to the satisfaction and approval of the City on or before June 30, 2013. The City may at its discretion extend the date specified for completion upon receipt of written notice from the Developer of the existence of causes over which the Developer has no reasonable control that will delay the completion of the work. Whenever an extension of the date of completion is granted by the City, the Developer must continue the bond or financial guaranty required by this Agreement to cover the work during the extension of time. 1.09. Maintenance of Developer Items. Developer shall be responsible for all maintenance, upkeep and repair (including, but not limited to snow plowing, mowing, weed control, and grading) of the Developer Items until such are completed and accepted by the City. Developer shall remain responsible for all maintenance and upkeep of Developer Items that are not transferred to the City. Developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Developer's acts or omissions in performing the obligations imposed upon Developer by this paragraph. 1.10. Petition and Waiver. The Developer has previously submitted and the City has accepted a petition and waiver covering the Public Improvements (Resolution 12-103). The Petition and Waiver is attached hereto as Exhibit E and on file with the Hennepin County Recorder as Doc. No. A0990877 as of February 15, 2012. The Developer agrees to remain bound to all of its obligations and representations contained in the Petition and Waiver. 1.11. City to Construct. In accordance with the provisions of this Agreement, the Petition and Waiver, and all requirements provided in law for the construction of public improvements, and subject to Developer's compliance with its obligations hereunder, the City agrees take the actions required by law for the creation of an assessable improvement project, design, bid and construct the Public Improvements. The Public Improvements and the estimated costs are listed in the attached Exhibit A-2. Prior to taking bids, the City will provide the Developer with plans and specifications for the Public Improvements and the construction schedule for its review and comment. The parties will undertake reasonable efforts to coordinate the work on the Public Improvements with Developer's work in the subdivision, including work on Developer Items. 1.12. Waiver and Release. The Developer acknowledges that the City has given the Developer the option of constructing the Public Improvements on its own behalf. The Developer has requested, however, that the City construct the Public Improvements and assess the costs of the Public Improvements to the development property. The City makes no representations, assurances or warranties to the Developer regarding the date that the Public Improvements will be constructed. The City shall not be responsible, or incur any liability under this Agreement or otherwise, for any delay in the construction of the Public Improvements. In consideration of the City agreeing to 4 419143v4 MJM MU200-172 -431- construct the Public Improvements at the Developer's request, the Developer waives any claims against the City for any damages arising out of any delay in the construction of the Public Improvements and specifically releases the City from any such claims. 1.13. Early Start. Subject to the conditions imposed in this section III, the City hereby grants to Developer the permission to commence construction of one single family residential home located in the area of the Subject Property known as Lot 1, Block 1, "Woodlyn Ridge" or, in the alternative, in the area of the Subject Property known Lot 11, Block 1, "Woodlyn Ridge". 1.14. Conditions. The permission granted in paragraph 1.13 is subject to the following: a. Developer will locate the dimensions of the lot on which the building will be constructed so as to reasonably assure the Building Official that the structure is placed on the lot as approved by the City; and b. Developer shall apply for and obtain the necessary building permits and other governmental permits and approvals; and C. Access off Woodlyn Ridge Court to the single family residential home under construction pursuant to paragraph 1.13 may be restricted in the sole discretion of the City Public Works Director; and d. The City will not grant any Certificate of Occupancy prior to the recording of the plat; and e. To the extent applicable, the provisions of this Agreement apply, including, without limitation, paragraphs 2.02, 3.01, 3.02, 3.03, and 3.05. 1.15. Developer Acknowlednanents. Developer acknowledges that it is proceeding at its own risk in starting construction of the building and installation of the private utilities in advance of recording of the plat, and understands that this agreement imposes no obligation on the City to take any action or do anything that would compromise the City's ability to exercise its legislative discretion. Developer further acknowledges that the single family home may not be occupied, or be available for public showing prior to the issuance of a Certificate of Occupancy; and further acknowledges that the City has the authority to take all actions as it determine necessary and appropriate in enforcing the provisions of its ordinances, including zoning regulations. 1.16. Indemnity. As further consideration for the early start permission granted the City hereunder, Developer indemnifies and holds harmless the City, its officers, agents and employees from any claim or cause of action occasioned by or arising out of such early start permission. 1.17. To the Developer. The City grants to the Developer a temporary easement over, under and across the rights-of-way dedicated to the public in the Woodlyn Ridge Final Plat for purpose of construction of the Developer Items. The easement will commence with the filing of the Final Plat with Hennepin County, and shall terminate upon acceptance of the Developer Items by the City. 419143v4 MJM MU200-172 9 -432- The Developer shall be responsible for the reconstruction of any street impacted by any Developer Item activity. 1.18. To the City. The Developer grants to the City, its agents, representatives, employees, officers, and contractors, a right of entry to access all areas of the Subject Property to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of the Public Improvements, or to take any corrective actions deemed necessary by the City. The right of entry conveyed by the Developer to the City shall continue until the City accepts the Developer Items. The City will provide the Developer with reasonable notice prior to exercising its rights hereunder, except in the case of an emergency. 2.01. Park Dedication and Fees. In fulfillment of park dedication requirements established by City ordinance, the Developer must pay to the City the amounts of $25,000 for park fees in lieu of dedication, $20,000 ($2,000 per unit less a 1 unit credit for a previous structure) for Water Trunk Area Charges for area charges, $20,000 ($2,000 per unit less a 1 unit credit for a previous structure) for Sewer Trunk Area Charges prior to release of the plat. Payment of water service connection fees of $240 per unit and sewer service connection fee of $240 per unit and payment of SAC fees will be made as part of the building permit application. Park fees must be paid in full prior to the delivery of the plat to Developer for recording. 2.02. Financial Guaranty, Developer Items. Prior to commencement of construction of the Developer Items, the Developer will furnish the City an irrevocable letter of credit ("Developer Item Security"), approved by the City Attorney, in the amount of 125% of the estimated project costs for the Developer Items as set forth in Exhibit A-1. The initial term of the letter of credit shall be to December 31, 2013, provided that the City will approve a letter of credit containing a shorter initial term upon a showing that the requested initial term is not available. The Developer Item Security must contain a provision that prohibits the issuer or surety from terminating the Developer Item Security without first giving 30 days' written notice to the City of the proposed termination or expiration of the Security. Failure of the Developer to post a substitute Developer Item Security within five days after notice by the City shall constitute a default that shall be grounds for drawing on the letter of credit. The City Council may grant a reduction in the Developer Item Security upon written request by the Developer based upon the value of the completed work at the time of the requested reduction. The Developer Item Security may not be reduced to less than 20% of the original amount until all work required of the Developer by this Agreement has been completed and accepted by the City. Upon failure of the Developer to perform, the City may declare the Agreement to be in default and the amount of the Developer Item Security shall be paid over to the City. From the proceeds of the Developer Item Security, the City shall be reimbursed for any attorneys' fees, engineering fees or other technical or professional assistance, including the work of the City staff and employees, and the remainder thereof shall be used by the City to complete the Developer Items. The Developer shall be liable to the City to the extent that the Developer Item Security is inadequate to reimburse the City its costs and pay for the completion of the work. 6 419143v4 MJM MU200-172 -433- 2.03. Financial Guaranty Public Improvements. Prior to the date that the City awards the contract for construction of the Public Improvements, the Developer will provide the City with an irrevocable letter of credit ("Public Improvement Security"), approved by the City Attorney, in the amount of 125% of the estimated project costs for the Public Improvements. The Public Improvement Security shall allow the City to draw on the instrument, in whole or in part, to reimburse the City is the Developer fails to pay the special assessments levied against the development property or otherwise fails to reimburse the City for the full cost of the Public Improvements or fails to reimburse the City for any unpaid fees owed by the Developer to the City. If the parties agree, the estimated costs will include the City's costs in designing, preparing plans and specifications, bidding the project and preparing and execution of the construction contracts. If the parties do agree, the amount of the Escrow required under paragraph 3.05 to cover such costs will be released upon delivery of the Public Improvement Security. The Public Improvement Security shall not be released until all financial obligations by the Developer to the City have been satisfied and the required "as built" plans have been delivered to the City. The Public Improvement Security must comply in every way with the requirements contained in the "Policy on Use of Chapter 429 for Private Development Projects" adopted by the City Council on March 13, 2012. The intent of this portion of this Agreement is to ensure that the City has access to sufficient financial security to reimburse itself for all of its costs in constructing the Public Improvements. THREEARTICLE 3.01. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officials, agents and employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractor, material suppliers, laborers or to any other person or persons for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work required by this Agreement to be performed by the Developer. The Developer will hold the City, its officials, agents and employees harmless from all such claims, demands, damages, or causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys' fees, consulting engineering services, and other technical or professional assistance, including the work of City staff and employees. The Developer's undertaking contained in this paragraph does not apply to activities of the City, its officers, agents or employees in connection with construction of the Public Improvements. 3.02. Insurance. The Developer shall furnish proof of insurance acceptable to the City, covering any public liability or property damage by reason of the operation of the Developer's equipment, laborers, and hazard caused by the Improvements. The Developer must keep the insurance in force at all times that construction on the development is in progress. The insurance must name the City as an additional insured and must provide that the insurer will give the City not less than 30 days' written notice prior to cancelation or termination of the insurance policy. 3.03. Building Permits and Occupancy. Unless the parties shall, by separate agreement determine otherwise, no building permits will be issued for construction of dwelling units in the subdivision until aggregate base course for streets is in place and recommended for acceptance by the Public 4191430 MJM MU200-172 0 -434- Works Director. No occupancy of any newly constructed building in said plat shall occur until the base course of bituminous is in place. The Developer shall maintain reasonable access to any occupied house within said addition, including necessary street maintenance such as grading and graveling and snow removal prior to permanent street surfacing and acceptance of the streets by the City. 3.04. Underground Utilities. The Developer shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the Subject Property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Developer agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the City Clerk. 3.05. Escrow. A cash escrow has been submitted to the City in an amount of $5,000.00. This escrow is to be used by the City staff to charge costs of services or materials in connection with the review of the plat and the carrying out of inspection activities, clean-up activities under 3.08(A), and other activities required under this Agreement excluding the City costs and expenses to design, prepare plans and specifications, bidding the project and preparing and execution of the construction contracts, which is addressed in paragraph 2.03. If the escrow balance nears $1,500, the City shall notify the Developer that additional escrow cash must be placed in the escrow account so that the balance will not be reduced below $1,500 until completion of the Developer Items as evidenced by the resolution. The City may retain not more than $1,500 thereafter to secure Developer's obligation under paragraph 3.08(A) until the Developer has completed all construction activities. If the parties agree pursuant to paragraph 2.03 that the expenses to design, prepare plans and specifications, bidding the project and preparing and execution of the construction contracts will be covered by the Public Improvement Security, the amount of the Escrow will be reduced by such amount so long as the minimum amounts required under this paragraph are maintained. Upon completion of all items covered in this Agreement, the City shall return the unused escrow balance to the Developer. 3.06. Construction Hours; Noise; Dust Developer will comply with all requirements of the City pertaining to the hours and days during which construction activities may take place. The Developer shall provide dust control to the satisfaction of the City Engineer. 3.07. Street Signs. The Developer shall be financially responsible for the cost of street identification signs for "Woodlyn Ridge." The City shall provide and install street identification signs and has the sole discretion to determine the number and location of said signs. 8 419143A MJM MU200-172 -435- 3.08. Clean-up and Restoration. (A) The Developer shall clean streets (whether within or without Woodlyn Ridge) of dirt and debris that has resulted from erosion, siltation or construction work by the Developer, its agents, subcontractors, or assigns. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. If the Developer fails to complete any clean- up within 24 hours of oral notice from the City, the City Public Works Director, or designee, will complete or contract to complete the clean up at the Developer's expense to be paid in accordance with paragraph 3.05. (B) The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas (whether within or without Woodlyn Ridge) of erosion/siltation and restore to the original condition within fifteen days following the end of home construction. All silt fence and other erosion control should be removed following the establishment of turf. Completion of these items is secured through the Financial Guaranty described in paragraph 2.02. 3.09. Additional Work or Materials. All work that Developer is required to perform pursuant to this Agreement shall be done at no expense to the City, including, without limitation, any reimbursement by the City for work paid for by the Developer. The Developer agrees that it will make no claim for compensation for work or materials so done or furnished. 3.10. Miscellaneous Obligations. Within ten days of execution of this Agreement, the Developer shall provide to the City documentation, acceptable to the City Manager, evidencing compliance with any conditions imposed in the Final Plat Approval, which are to be satisfied prior to recording of the Plat. 1 I M 4.01. _Default by Develoner. In the event of default by the Developer as to any of the work to be performed hereunder by the Developer, its successors or assigns, the City is granted the right to declare any sums provided by this Agreement due and payable in full, and the City may immediately bring legal action against the Developer to collect the sums covered by this Agreement and/or draw upon the financial guaranty posted in conformance with paragraphs 2.02 or 2.03 of this Agreement. In the event the City draws from the financial guaranty sums that exceed the costs or damage to the City, the City will return such excess amounts. 4.02. CompletelpRrovernents--Right of Entry. In addition to the City's other remedies under this Agreement, if the Developer's breach involves failure to complete the Developer Items, the City is hereby authorized, at its option, to enter on to all portions of the Subject Property it deems necessary to complete the installation of any or all of the Developer Items to which the default relates. 414143v4 MJM MU200-172 Z -436- 4.03. Denial of Permits. Breach of any term of this Agreement by the Developer or failure to comply with City ordinances shall be grounds for denial of building or occupancy permits for buildings within the subdivision until such breach is corrected by the Developer. 4.04. Rights Cumulative. No remedy conferred in this Agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. 4.05. Attorney Fees. The Developer will pay the City's costs and expenses, including attorneys' fees, in the event a suit or action is brought to enforce the terms of this Agreement. ARTICLE FWE 5.01. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. 5.02. Assigl ent. The Developer may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld. 5.03. Agreement to Run with Land. The Developer agrees to record this Agreement among the land records of Hennepin County, Minnesota immediately prior to recording the plat of "Woodlyn Ridge", the provisions of this Agreement shall run with the land and be binding upon the Developer and its successors in interest. Notwithstanding the foregoing, no conveyance of the Subject Property or any part thereof shall relieve the Developer of its personal liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. 5.04. Release. Upon completion and approval of all work required herein, including completion of the Developer Items and acceptance of the Developer Items to be transferred to the City, and satisfaction of all of the Developer's obligations under this Agreement, the City agrees to execute an instrument releasing all lots from the terms of this Agreement. 5.05. Severability. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. 5.06. Notices. All notices, certificates or other communications required to be given to City, Developer or Developer hereunder shall be sufficiently given and shall be deemed given when delivered or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: 10 419143A MJM MU200-172 -437- To City: City of Mound 5341 Maywood Road Mound, MN 55364 Attention: Kandis Hanson To Developer: Homestead Partners 525 —15' Avenue South Hopkins, MN 55343 Attention: Stephen A. Bona The City and Developer, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications should be sent. 5.07. No Third Party Beneficiary. This Agreement and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 5.08. Wetland Buffer Declaration. Immediately upon filing the Plat, the Developer will then file a Wetland Buffer Declaration in substantially the form of the attached Exhibit C. The City must review and approve the Wetland Buffer Declaration before it is filed. 5.09. Trail Easements. Immediately upon the filing of the Plat, the Developer will then file the Trail Easement Agreements in substantially the form of the attached Exhibit D. The City must review and approve the Trail Easement Agreements before each is filed. 5.10. Consent. The Developer represents and warrants that there are no other persons or entities with interests in the Property except such lenders who hold mortgages on the Property and have consented to this Agreement by executing the Consent attached as Exhibit B. 5.11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. The Developer agrees to comply with all laws, ordinances, and regulations of Minnesota and the City that are applicable to the Subject Property. 5.12. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 5.13. Non -waiver. Each right, power or remedy conferred upon the City or the Developer by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City or the Developer at law or in equity, or under any other agreement. Each and every right, power and remedy set forth in this Agreement or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City or the Developer and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 419143v4 MJM MU200-172 11 -438- 5.14. Supersedes and Replaces. The parties understand and agreed that this Agreement supersedes and replaces all oral agreements, previous development agreements, and negotiations between the parties in relation thereto. 12 419143v4 MJM MU200-172 -439- IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MOUND: By: Mark Hanus Its: Mayor Its: Kandis M. Hanson City Manager ACKNOWLEDGEMENT FOR CITY STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 20_, by Mark Hanus and Kandis M. Hanson, the Mayor and City Manager, respectively, of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 13 419143v4 MJM MU200-172 -440- WOODLYN, LLC Timothy D. Hartman Its: Chief Manager ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2C_, by Timothy D. Hartman, Chief Manager of Woodlyn, LLC, a Minnesota limited liability company, on behalf of the company. Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612)337-9300 Notary Public 14 4191430 MJM MU200-172 -441- Item description 419143v4 MJM MU200-172 EXHIBIT ITEUS AND y. [Developer to provide this information] A-1 -442- Estimated Amount x 125% I UJU IR [a oodlyn Ridge Improvement Project, 2012-2013 Item Description Estimated Cost 1. Streets, Curb, underground municipal utilities (watermain, storm sewer, sanitary sewer) engineering estimate breakdown A. Streets $ 80,000 B. Storm Sewer 22,000 C. Watermain 70,000 D. Sanitary Sewer 135,000 Estimate Total: $ 307,000 2. City Engineering / City Fees A. 15% of project estimate $ 46,050 PROJECT TOTAL $ 353,050 X 125% SECURITY $ A-2 419143v4 MJM MU200-172 -443- 0035�,�.� ("Bank") holds a mortgage encumbering the Subject Property. The Subject Property is subject to the foregoing Development Agreement and, accordingly, Bank hereby consents to the Development Agreement; provided, that in doing so, Bank shall not be liable to the City or any other person for the performance or non-performance of the Agreement by the Developer; provided further, that in the event that Bank acquires fee title to the Subject Property by foreclosure or sale in lieu of foreclosure, Bank shall not be required to perform any of the obligations required of the Developer in said Agreement during the Bank's term of ownership so long as Bank is actively marketing the Subject Property for sale and maintaining the Subject Property in compliance with applicable ordinances. Dated: 20— I0 Its: ACKNOWLEDGEMENT FOR BANK STATE OF MINNESOTA )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , the of a under the laws of , on behalf of the 414143v4 MJM MU200-172 Notary Public [Developer to provide the required consents] -444- li a WETLAND BUFFERDECLARATION THIS DECLARATION ("Declaration") is made this day of , 20—, by Woodlyn, LLC, a Minnesota limited liability company ("Declarant"). WHEREAS, Declarant is the owner of real property within the City of Mound, Hennepin County, Minnesota, platted and legally described as: Lots 6 and 7, Block 1, WOODLYN RIDGE, Hennepin County, Minnesota, according to the record plat thereof. (the "Property") and no one other than Declarant, has any right, title or interest in the Property; and WHEREAS, Declarant desires to subject the Property to certain conditions and restrictions imposed by the City of Mound for the mutual benefit of the owners of the Property. NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this Declaration shall constitute covenants to run with the Property in perpetuity, and further declares that the Property shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives, and assigns. 1. Wetland Buffer. The wetland buffer, measuring various widths, at all points surrounding the wetlands as delineated on the site plan for the Property attached hereto and incorporated herein as Attachment A, shall be maintained by Declarant in perpetuity free from mowing or other vegetative disturbance, fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffering flows into the wetland. 2. The recitals set forth above are expressly incorporated herein. C-1 419143A MJM MU200-172 -445- IN WITNESS WIIEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT: WOODLYN, LLC Timothy D. Hartman Its: Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2C_, by Timothy D. Hartman, Chief Manager of Woodlyn, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public This Instrument Was Drafted By: Otto Associates Engineers & Land Surveyors, Inc. 9 West Division Street Buffalo, Minnesota, 55313 419143v4 MJM MU200-172 NN -446- F.Rulnella"1 1 C-3 419143v4 MJM MU200-172 -447- THIS TRAIL EASEMENT AGREEMENT ("Easement") is dated as of the day of 20 , by Woodlyn, LLC, a Minnesota limited liability company ("Grantor") and the City of Mound, a Minnesota municipal corporation ("Grantee"). WHEREAS, Grantor is the owner of certain real property (the "Property") in Hennepin County, State of Minnesota, legally described as: LOT 11, BLOCK 1, WOODLYN RIDGE, HENNEPIN COUNTY, MINNESOTA. WHEREAS, Grantee desires to obtain a permanent easement for a public pedestrian and non -motorized vehicle use over and across a portion of the Property (the "'Tran Easement Area"), legally described as: NORTH 10.00 FEET OF LOT 11, BLOCK 1, WOODLYN RIDGE, HENNEPIN COUNTY, MINNESOTA. NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a permanent easement over and across the Trail Easement Area for the purposes of public pedestrian non -motorized vehicle traffic t in the Trail Easement and the construction, maintenance, oath Trail and Easement does not obligate cement of nthe Grantee t construct Area. It is understood that the gr the Trail. 2. Maintenance. Once constructed, Grantee shall maintain, repair and replace the pavement within the Trail Easement Area and shall keep the same in a safe and clean condition and in a good state of repair. 3. Liability. Grantee agrees to indemnify, defend and hold Grantor and his successors and assigns harmless from and against any injury, loss, damage or liability, costs or expenses (including reasonable attorneys' fees and court costs) resulting from or arising out of the trail easement and Grantee's and other's use, maintenance, repair and replacement of the Trail Easement Area, except for claims which are the direct result of actions of Grantor, or Grantor's heirs, representatives, successors and assigns. 4 Buy Effect. This instrument shall run with the Property and shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective heirs, representatives, successors and assigns. 5, AMendments. Any modification or other termination of this Easement shall become D-1 419143v4 MJM MU200-172 -448- effective only upon the execution by Grantor and Grantee of a written instrument. 6. Entire AP-reement. This Easement constitutes the entire agreement between Grantor and Grantee relating to the Trail Easement Area. Any prior agreements, promises, negotiations or representations not expressly set forth in this Easement are of no force and effect. D-2 419143v4 MJM MU200-172 -449- WOODLYN, LLC Timothy D. Hartman Its: Chief Manager ACKNOWLEDGEMENT FOR GRANTOR STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20—, by Timothy D. Hartman, Chief Manager of Woodlyn, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public D-3 4191430 MJM MU200-172 -450- City of Mound, Minnesota By: Mark Hanus Its: Mayor By: Kandis Hanson Its: City Manager ACKNOWLEDGEMENT FOR GRANTEE STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20 , by Mark Hanus, the Mayor and Kandis Hanson, the City Manager of the City of Mound, Minnesota, on behalf of said City. Drafted by: Martina Sailer Robins, Kaplan, Miller & Ciresi L.L.P. 800 LaSalle Avenue, Suite 2800 Minneapolis, MN 55402 419143v4 MJM MU200-172 p -451- Notary Public When recorded return to: Homestead Partners JMS Custom Homes, LLC 5250 West 74th Street, Ste 8 Edina, MN 55439 Attention: Stephen A. Bona THIS TRAIL EASEMENT AGREEMENT ("Easement") is dated as of the day of 20 —'by Woodlyn, LLC, a Minnesota limited liability company ("Grantor") lid the City of Mound, a Minnesota municipal corporation ("Grantee"). WHEREAS, Grantor is the owner of certain real property (the "Property") in Hennepin County, State of Minnesota, legally described as: LOT 1, BLOCK 1, WOODLYN RIDGE, HENNEPIN COUNTY, MINNESOTA. WHEREAS, Grantee desires to obtain a permanent easement for a public pedestrian and non -motorized vehicle use over and across a portion of the Property (the "Trail Easement Area"), legally described as: NORTH 10.00 FEET OF LOT 1, BLOCK 1, WOODLYN RIDGE, HENNEPIN COUNTY, MINNESOTA. NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a permanent easement over and across the Trail Easement Area for the purposes of public pedestrian non -motorized vehicle traffic and the construction, maintenance, repair and replacement of the pavement in the Trail Easement Area. It is understood that the grant of the Trail Easement does not obligate the Grantee to construct the Trail. 2. Maintenance. Once constructed, Grantee shall maintain, repair and replace the pavement within the Trail Easement Area and shall keep the same in a safe and clean condition and in a good state of repair. 3. Liabili. Grantee agrees to indemnify, defend and hold Grantor and his successors and assigns harmless from and against any injury, loss, damage or liability, costs or expenses (including reasonable attorneys' fees and court costs) resulting from or arising out of the trail easement and Grantee's and other's use, maintenance, repair and replacement of the Trail Easement Area, except for claims which are the direct result of actions of Grantor, or Grantor's heirs, representatives, successors and assigns. 4. gin s: Effect. This instrument shall run with the Property and shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective heirs, representatives, successors and assigns. 5. AmenAments. Any modification or other termination of this Easement shall become 419143v4 MJM MU200-172 RN -452- effective only upon the execution by Grantor and Grantee of a written instrument. 6. Entire Agreement. This Easement constitutes the entire agreement between Grantor and Grantee relating to the Trail Easement Area. Any prior agreements, promises, negotiations or representations not expressly set forth in this Easement are of no force and effect. D-6 419143v4 MJM MU200-172 -453- ei M: WOODLYN, LLC Timothy D. Hartman Its: Chief Manager ACKNOWLEDGEMENT FOR GRANTOR STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20_, by Timothy D. Hartman, Chief Manager of Woodlyn, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public D-7 419143v4 MJM MU200-172 -454- Nux City of Mound, Minnesota By: Mark Hanus Its: Mayor Kandis Hanson Its: City Manager ACKNOWLEDGEMENT FOR GRANTEE STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20_, by Mark Hanus, the Mayor and Kandis Hanson, the City Manager of the City of Mound, Minnesota, on behalf of said City. Drafted by: Martina Sailer Robins, Kaplan, Miller & Ciresi L.L.P. 800 LaSalle Avenue, Suite 2800 Minneapolis, MN 55402 419143v4 M7M MU200-172 -455- Notary Public When recorded return to: Homestead Partners JMS Custom Homes, LLC 5250 West 74th Street, Ste 8 Edina, MN 55439 Attention: Stephen A. Bona 419143A MJM MU200-172 F.1: PETITION AND WAIVER AGREEMENT E-1 -456- • Consulting Engineers & Surveyors " 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www,bolton-menk.com February 20, 2013 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 RE: 2013 Street, Utility and Retaining Wall Improvements City Project Nos. PW -13-01, PW -13-02, PW -13-05 Final Plans and Specifications — Southeast Island Area and Woodlyn Ridge Subdivision Dear Mayor and City Council Members: The 2013 street, utility and retaining wall improvement project plans and specifications have been completed and we are requesting approval of these plans in order to move ahead with the project as presented at the public improvement hearing with some minor modifications. The project is part of the I0 -year Street Reconstruction Program that began in 2003 with an annual project being completed in each of the following years with the exception of the 2010 project which was delayed to the following year. The final plans now include the public improvements for the 11 -lot Woodlyn Ridge Subdivision that was approved by the Council as a "429"petitioned project to be paid for by the developer as a 100 percent assessed project. This work will be included in the bid as an alternate add-on to the Southeast Island Area neighborhood project. In addition, we have included approximately 1,400 feet of watermain replacement on Lynwood Boulevard from Old School Road (the joint entrance drive to Village by the Bay and Mound Marketplace) to Grandview Boulevard. There have been a total of 18 breaks in this section of city main, which lies within or adjacent to the northerly side of Lynwood Boulevard (Co. Rd. 15). Due to the number of breaks, related expense and disruption to area residents' water supply in addition to the County's plans to overlay this section of County Road 15 this summer, now is a good time to resolve this problem. The estimated cost for this additional work is approximately $250,000. The Finance Director is aware of this additional project expense and will add it to the utility improvement bond. There have also been some minor modifications to the specific watermain improvements shown in the Feasibility Report and presented at the Public Improvement Hearing. These changes result in a net reduction in the estimated watermain project cost of approximately $16,000. G/Mound/C 121105545/Correspondence DESIGNING FOR ,4 BETTER TOMORROW Bolton & Mcnk is an equal opportunity employer -457- Honorable Mayor and Members of the City Council February 20, 2013 Page 2 We have followed up on all the comments received at the November 13, 2012 Public Improvement Hearing and are now requesting approval of the attached resolution approving final plans and specifications for the 2013 Street, Utility and Retaining Wall Improvement Project and authorizing advertisement for bids to be received on March 26, 2013. We anticipate requesting award of bid at the following Council meeting on April 9, 2013. Sincerely, BOLTON & MENK, INC. Daniel L. Faulkner, P.P. City Engineer -458- r • r • 1 rr-11 1211121 Ica, WHEREAS, pursuant to Resolution 12-95 passed by the City Council on November 13, 2012, the City Engineer has prepared plans and specifications for the following proposed improvement project: 2013 Street, Utility and Retaining Wall Improvement Project for the Southeast Island Area (PW -13-01), and has presented such plans and specifications to the Council for approval; and WHEREAS, pursuant to Resolution 12-103 passed by the City Council on December 11, 2012 accepting Developer's Waiver and Petition to have the City construct the public improvements necessary to serve Woodlyn Ridge and assess the entire cost of these improvements to the Developer pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, the City Engineer has prepared plans and specifications for the public improvements necessary to serve Woodlyn Ridge and these plans will be included with the 2013 Street, Utility and Retaining Wail Improvement Project plans and referenced as Woodlyn Ridge, City Project PW -13-05; NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published in the official city newspaper, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on March 26, 2013, at which time they will be publicly opened in the council chambers of city hall by the City Clerk and Engineer, will then be tabulated and will be considered by the City Council at 7:00 p.m. on Tuesday, April 9, 2013 in the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5% of the amount of such bid. Adopted by the City Council this 26th day of March 2013. Mark Hanus, Mayor ATTEST: Catherine Pausche, City Clerk -459- a Consulting Engineers & Surveyors 4ti 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.Bolton-menkxom February 18, 2013 Honorable Mayor and City Council Members City of Mound 5341 Maywood Road Mound, MN 55364 RE: Engineering Report 2013 Lift Station Improvements City Project No. PW -13-03 NC< Dear Mayor and City Council Members: The 2013-2017 Capital Improvement Plan (CIP) includes reconstruction of one sanitary sewer lift station in 2013. Three Points Boulevard LS C1 has been identified as the priority station for replacement. By Council Resolution adopted at the January 8, 2013 meeting, this report has been prepared to determine the estimated cost and feasibility of LS Cl reconstruction. BACKGl OUND The City of Mound's existing sanitary sewer system contains 30 lift stations of varying ages and operational capability. In addition, while significant improvements have been made to the existing sewer collection system over the past few years through the annual "cured in place pipe" (CIDP) lining projects, more needs to be done to lessen the amount of Inflow and Infiltration (I&I) into the city's system. Many of the lift stations are experiencing various operational problems, including but not limited to: extensive maintenance, lack of pumping and storage capacity, and potential station backups during rainfall events. In order to properly analyze these conditions, an Inflow/Infiltration Reduction and' Lift Station Reconstruction Plan, dated June 2007, was prepared and received by the Council at the June 12, 2007 meeting. This plan was intended to coordinate I&I mitigation efforts with lift station replacement to the extent practicable and serve as a guide for these city improvements. The proposed 2013 Lift Station Improvement Project is the seventh year of the lift station reconstruction plan. Beginning in 2007 with the reconstruction of three lift stations, followed by two in 2008, three in 2009, four in 2010/11, one in 2011, and one in 2012; a total of fourteen lift stations will have been replaced with the completion of the 2012 project. DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer -460- Mayor and Council Members • February 18, 2013 Page 2 PROPOSED PROJECT The attached map indicates the location of Lift Station C1 at 4922 Three Points Boulevard, the station proposed for the 2013 project. This station is within the proposed 2014 street reconstruction project. The intent of completing the lift station improvement during 2013 is to allow a more expeditious completion of the street reconstruction in 2014. The lift station was originally constructed in the early 1960's as a wet well/dry well station. The current pumps in the station are 19 years old and are very near the end of their expected life. The wet well has inadequate storage for proper operation of the pumps and the gravity sewers are used to supplement storage. The steel structure is corroded and requires replacement. Proposed improvements include: construction of a new precast concrete wet well containing two submersible pumps; a separate manhole adjacent to the wet well to house the gate valves and check valves; a new control panel with SCADA equipment to allow monitoring of the station operation from the City Hall and Public Works facilities; an on-site emergency backup generator and an emergency warning system consisting of an alarm and strobe light. The existing forcemain, which extends south of the lift station to Crestview Road and then west on Crestview to the top of the hill, a distance of about 500 feet, is also in need of replacement or rehabilitation. Lining of the existing forcemain is proposed rather than installing a new forcemain as this method has been proven to return existing pipes to "like -new" condition and the estimated cost is significantly less and only requires minimal excavation. The surface structures at the existing lift station will be removed and the underground structure will be filled and abandoned. ESTIMATED COSTS The proposed project is feasible from a technical standpoint. In addition, the project is necessary to provide lift station service as free as possible from maintenance and back up issues, and the proposed improvements represent cost effective means for doing so. The following table summarizes the estimated project costs and the costs of the equipment which will be purchased by the City directly from the vendors. Detailed project cost tabulation is included in the Appendix. H:\MOUN\C12105944\1_Corres\D_Docs\2013-02-18 Council Ur, Engineering Report.doe -461- Estimated Estimated Construction Estimated C� Total Improvement Cost w/ 5% Indirect Costs Purchased Estimated Conti>zency 20% Equipment Project Cost Cost Three Points Blvd (LS C1) $293,971 $58,794 $48,000 $400,765 LS C1 Forcemain 50,374 10,074 NA 60,448 Tota1: 7 $344,345 _ $68,868 $48,000 $461,213 H:\MOUN\C12105944\1_Corres\D_Docs\2013-02-18 Council Ur, Engineering Report.doe -461- Mayor and. Council Members February 18, 2013 �l Page 3 The allowance for indirect project costs includes, but is not limited to engineering, surveying, geotechnical, administrative, fiscal and legal costs. Easement acquisition costs, if required, are not included. Funding for the proposed lift station improvements will be from the utility bond sale, with repayment through the Sewer Fund. The possible project schedule, if approved, would be to open bids and award the project in April. Some of the equipment requires up to three months for delivery. The actual start of construction would be delayed until all equipment has been delivered but the project will be substantially completed by fall. We request the Council accept this Engineering Report and authorize preparation of final plans and specifications for the 2013 Lift Station Improvements. Respectfully Submitted, BOLTON & MENK, INC. I ' Daniel L. Faulkner, P.E. City Engineer Enclosures WMUUMC1210594411_..CorreSO—Docsl2013-02-18 Council Ur, Engineering Report.doc -462- LAKE LANGDON 4922 THREE P. I N T S BLVD (LS Cl) PRO LOCATION I LAKE MINNETONKA LAKE MINNETONKA (COOKS BAY) LS Li IN 0 0 750 1,500 SCALE FEET' LEGEN is CITY LIFT STATION UZ MCES STATION 1-1--l-1-1- EXISTING SANITARY SEWER CITY OF MOUND Consulting Engineers& Surveyors 2013 LIFT STATION IMPROVEMENTS; MANKATO, MIN FAIRMONT. MN SLEEPY EYE, MN WILLMAR. MN BURNSMI-LE, MN CHASKA. MIN RAMSEY, MN AMES, IA LOCATION MAP @Bolton & Menk, Inc. 2013, All Rights Reserved H-\MOUN\C121O5944\C3D\FEAS—LOCATION.dw,o 1115/13 2:19 om FEBRUARY, 2013 -463- RESOLUTION RECEIVING REPAUTHORIZING AND • OF SPECIFICATIONSPLANS AND f' ORDERING ADVERTISEMENT FOR BIDS FOR THE 113 LIFT STATION RECONSTRUCTION PROJECT WHEREAS, the City Council, on January 8, 2013, referred the 2013 Lift Station Reconstruction Project to Bolton & Menk for study of Lift Station C1, located at 4922 Three Points Boulevard, and WHEREAS, the Council received and reviewed this report on February 26, 2013; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to receive this feasibility report, to order preparation of plans and specifications, and to order advertisement for bids for the 2013 Lift Station Reconstruction Project. Adopted by the City Council this 26th day of February 2013. ATTEST: Catherine Pausche, City Clerk -464- Mark Hanus, Mayor LAKE IMINNETONK A ASSOCIATION I 1 Bay Project Update 2013 January 29, 2013 To: Lake Minnetonka Cities As you know, the Lake Minnetonka Association has been project manager for the 2008-2012 milfoil demonstration project involving five bays (Caymans, Gideons, Grays, Phelps & St. Albans). We have had cooperation and assistance from many organizations and individuals, including the MN Department of Natural Resources, the Lake Minnetonka Conservation District, the US Army Corps of Engineers, numerous Lake Minnetonka Cities and the Lake Minnetonka Association Bay Captains. We were especially pleased and gratified that the Bay Captains received the Minnehaha Creek Watershed District's `Watershed Heroes' award this past Fall. We have given the Cities periodic reports throughout this project. In addition, we have requested and received funding assistance from several Cities. This funding has been critical to the project's viability and success and we thank the Cites for that. The five-year demonstration project has evolved positively during implementation and now, beyond the original scope to include additional bays. Many Cities have asked that a long-term plan be prepared to better frame the long-term needs, especially with respect to City funding. I can report that the Lake Minnetonka Conservation District has developed a draft plan (copies available on their website), which frames the continuation of this project and proposes an ongoing funding source from the Cities. Regardless of how this plan may be finally adopted and implemented, we know the Lake Minnetonka Conservation District has not provided for funding for this project in 2013. It is especially important to continue this project without gaps in the treatments. Our Bay Captains and their lakeshore neighbors have been extremely happy with the results and their ability to enjoy using the lake. These benefits are enjoyed by everyone who shares this wonderful public resource. Lacking local funding assistance in 2013, a disproportionate share for funding falls on private, voluntary contributions. This letter accompanies a request for 2013 funding assistance from one of our Bay Captains. As you consider that request, please feel free to contact me if you would like additional information. Thanks, OotQ Dick Osgood, Executive Director Lake Minnetonka Association (952) 470-4449 Osaood(&LMAssociat on.orz For more information, go to: www.LMAssociation.or -465- LAIiE ib11NNETONI�A ASSOCIATION 1 Bay Project Update February 26, 2013 To: Mound Council From: Lake Minnetonka Association Thank you for your past support of the milfoil project. Here, I present some funding data that you have requested. I will also provide a brief overview of the project's status at the Council meeting on February 26th. Total Project Funding all bays all years Caymans Gideon Grays Phelps St Albans TOTAL Residents $106,920 $89,615 $152,535 $83,062 $86,000 $81,161 $9,540 1 $513,293 $116,500 Cities $3,000 $18,000 $0 $0 $31,887 $46,325 $0 $110,741 Save -the -Lake S $32,529 $16,500 $49,489 $52,274 $8,250 $165,250 MN DNR $38,737 $124,115 $233,911 $267,661 $98,911 $905,784 TOTAL $181,186 $5,000 $2,000 $7,000 Greenwood City Contributions Community 2008 2009 2010 2011 2012 Totals $5,000 $2,500 $7,500 Excelsior $5,000 $2,000 $7,000 Greenwood Minnetrista $G,000 $3,000 $3,000 $3,000 $3,000 $18,000 Mound $12,000 $12,000 $10,000 $6,000 $3,000 $43,000 $0 $0 $3,000 $0 $0 $3,000 Orono $5,000 $5,000 $10,000 Tonka Bay Shorewood $6,000 $6,000 $6,000 $5,000 $6,000 $21,500 $29,000 $117,500 TOTALS: $24,000 $21,000 $22,000 $29,000 Other Comments verbal presentation) • Project Efficacy ® LMCD Plan and Management • Questions -466- MOUND DOCKS AND COMMONS•' • JANUARY 17, 2013 The Mound Docks and Commons Commission met on Thursday, January 17, 2013, at 7:00 p.m. in the council chambers of city hall. Present: Chair Jim Funk, Vice Chair Mark Drahos, Commissioners Susan Gardner, Rodney Beystrom, Cliff Schmidt, Council Representative Kelli Gillispie Excused: N/A Others Present: Director of Finance and Administration Catherine Pausche, City Manager Kandis Hanson Public Present: N/A Chair Jim Funk called meeting to order at 7:01 p.m. 1. Approval of Agenda. MOTION by Schmidt, seconded by Drahos, to approve agenda as written. All voted in favor. Motion carried. 2. Election of Officers. MOTION by Drahos, seconded by Gardner to nominate Funk as Chair. All voted in favor. Motion carried. MOTION by Funk, seconded by Schmidt, to nominate Drahos as Vice Chair. All voted in favor. Motion carried. 3. Approval of Agenda. MOTION by Schmidt, seconded by Drahos, to approve agenda as written. All voted in favor. Motion carried. Rodney Beystrom arrived at 7:03pm 4. Oath of Office — Mark Drahos City Manager Kandis Hanson swore -in Mark Drahos as Docks and Commons Commissioner. 5. City Manager Update. Hanson gave an update on Mound Magic meetings and redevelopment projects. Drahos asked if Jim Fackler's position will be refilled. Hanson stated that the position will be absorbed with Catherine Pausche taking over Docks Administration with the assistance of Ron Stanchfield and CSO Mike Wocken. Gardner asked how the police transition is going and Hanson stated it is going very well. -467- 6. Approval of August 27, 2012 meeting minutes. MOTION by Beystrom, seconded by Gardner, to approve the minutes of August 27, 2012. Four voted in favor. Funk and Gillispie abstained due to absence. Motion carried. 7. Comments and suggestions from citizens present: None. Review: 2012 Dock Final Report/BSU Count Funk said turnover seemed higher than in the past. Beystrom asked if Mound residents will have first opportunity on the Villa slips. Pausche stated the Ordinance amendment was passed changed the priority and the number of slips available will be split to make half available to Mound residents for $1,600 and half to open market for $2,600. Pausche said the remaining Villa lots sold and there will be less homes than originally planned. The developer has asked that the slips be assigned to the lots and Pausche will develop a proposal for the DCC to consider. Beystrom asked if there is a deadline for the wait list and Pausche stated, yes, they are due by February 28t' as well. Pausche stated that 80 letters were written in 2012 but no fines were assessed. Pausche stated this will be a year of learning, but is committed to keeping up the level of customer service. At the same time, enforcement and treating people equally will be emphasized. 9. Review: 2012 Preliminary Financials Pausche emphasized closing entries still have to take place. There were no major projects in 2012. Pausche will bring back the long term capital plan at another meeting. 10. Review: 2013 Budget/Capital Outlay/Fees Major change in 2013 is the change in the Villa fees for non -Villa residents and that the surplus Villa revenue will go to debt service on the dump bonds. The Villa escrows will continue to be funded at the same rate. Docks fund a portion of the Parks capital budget. There are no capital projects for the Dock program. The In/Out service has been set. 11. Review: 2013 Dock Location Map Addendum No questions or comments were raised. 12. Review. 2013 Calendar March will be the lottery and the financial annual report. Pausche will bring forward change requests and if anything is urgent, will request a February meeting. 13. Discuss: 2013 Program Chane Requests Pausche said a number of requests have been received already and time is needed to research and evaluate. -468- 14. Reports City Council Representative: Kelli Gillispie stated Westonka Animal Hospital will be moving to Mound Marketplace. The Council will be appointing a replacement for David Osmek's vacated seat. Staff: Commissioners: Commissioner Cliff Schmidt submitted his resignation effective immediately. His family is moving to their home in Florida. Pausche stated the Council appoints the Dock Commissioner, but the DCC makes a recommendation. MOTION by Funk, seconded by Schmidt, to adjourned at 7:56 p.m. All voted in favor. Motion carried. -469- C12.103254 C12.038004 C12.038243 C12.038388 012.040166 C12.100590 City of Mound 380.50 11.00 3.88 2.50 2.50 3.25 403.63 40,772.50 1,346.00 504.13 355,00 355.00 423.12 43,755.74 601 Water Fees 601 Water Fees 601 Water Fees (1/4) 601 Water Fees 601 Water Fees 601 Water Fees (1/4) C12.103114 BMI Engineering Hours YTD as of 12/31/12 219.50 22,733.50 602 Sewer Fees C12.105944 "p 13 11i 5.00 666.50 602 Sewer Fees C12.038077 - -- -- � Mound/Woodlyn Ridge Subdivisi.on 4.00 502.50 Escrows Escrow Accounts -Billed to property owners 012.105883 _ 30.00 3,585.00 Escrows Escrow Accounts - Billed to property owners 012.038996 Mound/Development Reviews 34.00 4,087.50 13.50 C12.037921 Mound/General Engineering 168.00 12,075.50 504.13 101 General Fund/Taxes 101 Streets (1/4)/Taxes C12.038243 Mound/Update Street & Utility Maps (1/4) 3.88 423.12 101 Streets(1/4)/Taxes C12.100590 Mound/GIS Updates (1/4) 3.25 Mound/2010 Lift Station Reconstruction 602 Sewer Fees 175.13 13,002.74 C12.105673 i Mound/2012 MCES Grant»Program 1/1 Reduct Mound/2012 Street/Utility/Retaining Wall 6,760.0000 618,622.23 401 rojectsCity C12.103970 32.50 3,145.50 .00 401 Federal) Match/MSA C12.101221 Mound/Street Light Replacement 638.00 56,806.00 401 Capital Projects Fund/Bonding C12.101482 Mound/SW island Area Mound/Ridgewood/ldlewood/Highland340.50 3,263.00 33,333.00 427 Capital Projects Fund/Bonding C12.101514 -'-- - - _. . Mound/2013 Street, Utility Improvements 974.00 89,854.00 Capital Projects Fund/Bonding 012.105545 - - Mound/Manchester Site & Lynwood Site 3.00 382.50 401 Capital Projects Fund/Bonding 012.102990 127.50 8,722 50 799,991.73 012.104174 C12.101909 Mound/Surface Water Management _ 26.00 99.50 13,235.50 427 Municipal State Aid for Streets (MSA Funds) C12.039425 Mound/MSA System Update 78.00 8,498.00 402 Capital Projects Fund/Bonding/MSA C12.105052 Mound/2012 Crack Seal & Seal Coat 1.00 142.00 402 Capital Projects Fund/Bonding/MSA C12.103581 Mound/2011 Crack Seal Coat Project 8 12/31/12 YTD Total 11,076.50 178.50 21,875.50 C12.103254 C12.038004 C12.038243 C12.038388 012.040166 C12.100590 Mound/Watermain Loop island View Mound/Water System Modeling Mound/Update Street & Utility Maps (1/4) Mound/Water Supply Emergency Consery Mound/Wellhead Protection Plan Mound/GIS Updates (114) 380.50 11.00 3.88 2.50 2.50 3.25 403.63 40,772.50 1,346.00 504.13 355,00 355.00 423.12 43,755.74 601 Water Fees 601 Water Fees 601 Water Fees (1/4) 601 Water Fees 601 Water Fees 601 Water Fees (1/4) C12.103114 Mound/2011 Lift Station Reconstruction 219.50 22,733.50 602 Sewer Fees C12.105944 Mound/2013 Lift Station improvment 5.00 666.50 602 Sewer Fees C12.038077 Mound/I & I Analysis Report 464.50 42,900.50 602 Sewer Fees 602 Sewer Fees (1/4) C12.038243 Mound/Update Street & Utility Maps (1/4) 3.88 504.13 C12.039286 Mound/SWPPP Update 13.50 1,452.50 602 Sewer Fees C12.104413 Mound/2012 Lift Station Reconstruction 30325 2 438.52 602 Sewer Fees 602 Sewer Fees (1/4) C12.100590 Mound/GIS Updates (1/4) 4.00 . 131.50 423.12 13,272.00187.50 C12.102014 Mound/2010 Lift Station Reconstruction 602 Sewer Fees C12.100601 Mound/MCES Flows/City Charges _ C12.105673 i Mound/2012 MCES Grant»Program 1/1 Reduct 56.50 6,147.50 Mound/Emergency Forcemain Repair LS P1 32.50 3,145.50 602 Sewer Fees 012.104116 1,241.13 133,871.26 012.103438 Mound/2011 Storm Drainage Improvements 29.50 3,263.00 675 Storm Water Fees1 C12.037929 Mound/WCA Administration 1.50 1,063.00 675 Storm Water Fees 675 Storm Water Fees (1/4) C12.038243 Mound/Update Street & Utility Maps (1/4) 3.88 3.25 504.13 423.12 675 Storm Water Fees (1/4) C12.100590 Mound/GIS Updates (1/4) Mound/2012 Drainage Improvement Project 127.50 15,39100 675 Storm Water Fees 012.104174 C12.101909 Mound/Surface Water Management _ 26.00 11,63950 675 Storm Water Fees 012.105964 ; Mound/2013 Storm Drainage Improvements i 13.50 1,323.50 Mound/Ridgewood Dickens Drainage Channel 36.50 2,978.00 675 Storm Water Fees C12.104035 321.63 8 12/31/12 YTD Total 11,076.50 1,053,169.72 -470- ® ! Consulting Engineers & Surveyors " 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com MEMORANDUM Date: February 21, 2013 To: -Carlton Moore From: `Da. Faulkner Subject: MCWD Draft Appropriations and Illicit Discharge Detection & Elimination Rules Attached is the January 11, 2013 memo from Steve Christopher, Regulatory Program Manager, MCWD, which explains the purpose of the draft Appropriations Rule and draft Illicit Discharge Detection and Elimination Rule. The MCWD is required by State Statutes to regulate illicit connections and discharge of pollutants to their storm sewer system. I am also attaching the Statement of Need and Reasonableness (SONAR) which gives some background on the process the MCWD is following. The draft rules are also attached. We have reviewed the draft rules which are straightforward and directed primarily at municipal separate storm sewer system (MS4) owners and operators. This includes cities and commercial/industrial owned and operated sites. The Illicit Discharge rule includes individual property owners with respect to illicit connections and states that indoor drains and sinks cannot be connected to the storm drain system; this is currently not allowed by city code. The Appropriations rule deals with the pumping of water from a "public water body" or protected watercourse for nonessential use. This rule is straightforward and appropriate and would only apply to property owners that don't want to use their public water supply system for such things as watering their lawn. It is our intent to submit comments on behalf of the City of Mound, and our other client cities within the watershed, that address technical issues including the following: city storm sewer outlets to wetlands; storm drainage calculation requirements; soil boring requirements; permit requirements for replacement of existing storm sewer structures; clarification on submittal requirements if an Appropriations permit is not required; clarification on trash removal requirements of property owners riparian to a watercourse. We will submit our draft comments to you for staff review prior to forwarding them to the MCWD. Comments are now due March 3rd, per MCWD web site pertaining to their draft rules. Please let me know if you have any questions or concerns. H:NOUN1C12101909\2013-02-21 Council Item Re Draft Rules, Appropriatins, Illicit Discharge.doc DESIGNING FOR A BETTER TOMORROW Bolton & iMenk is an equal opportunity employer -471- The Minnehaha Creek Watershed District is committed to a Leadership rote in protecting, improving and managing the surface waters and affiliated groundwater resources within the District, including their relationships to the ecosystems of which they are an integral part, We achieve our mission through regulation, capital projects, education, cooperative endeavors, and other programs based on sound science, innovative thinking, an informed and engaged constituency, and the cost effective use of public funds. QUALITY OF WATER DATE: 7anuary 11, 2013 QUALITY OF LIFE Memorandum TO: Minnehaha Creek Watershed District Stakeholders FROM: Steve Christopher, Regulatory Program Manager RE: Comment Period Notice for Draft Appropriations and Illicit Discharge Detection & Elimination Rules The public is invited to comment on two rules the Minnehaha Creek Watershed District (MCWD) has drafted as required by state law. Rules being released for comment include: • Appropriations Rule • Illicit Discharge Detection & Elimination Rule The draft rules are in response to Minnesota Statutes section 103B.211, subdivision 4, and the requirement that the Districmunicipal Actseparate egulates illicit connections sewer system (MS4) owner and operator under theClean and discharges of pollutants. Following the drafting of these rules, comments were also solicited from members of the District's Technical Advisory Committee, which is comprised of State and local agencies as well as technical staff from cities within the District. Draft language for the rules are being released for public comment in advance of the required public hearing for rule adoption. Written comments can be submitted to Steve Christopher via mail or email at: Steve Christopher 18202 Minnetonka. Blvd. Deephaven, MN 55391 schristopher a�ninnehahaereek.org 18202 Minnetonka Boutevard, Deephaven, MN 55391 w Office: (952) 471-0590 ® Fax: (952) 471-0682 ® www.minnehahacreek.org -472- The Minnehaha Creek Watershed District is committed to a leadership role in protecting, improving and managing the surface waters and affiliated groundwater resources within the District, including their relationships to the ecosystems of which they are an integral part. We achieve our mission through regulation, capital projects, education, cooperative endeavors, and other programs based on sound science, innovative thinking, an informed and engaged constituency, and the cost effective use of public funds. QUALITY OF WATER QUALITY OF LIFE Written comments will be accepted until IFAMaryj�13. The public hearing for adoption of these rules has been scheduled for 6:45pm, March 28, 2013 14 h at MCWll offices. Additional notices will be sent out in advance of the meeting. 18202 Minnetonka Boulevard, Deephaven, MN 55391 ® Office: (952) 471-0590 • Fax: (952) 471-0682 ® www.minnehahacreek.org -473- INNEHAHA CREEK WATERSHED DISTRICT STATEMENT OF NEED AND REASONABLENESS Proposed Amendments to Minnehaha Creek Watershed District Rules January 11, 2013 1, BACKGROUND ness (SONAR) presents background on and This Statement of Need and Reasonable explains proposed rules of the Minnehaha Creek Watershed District: Appropriations Rule illicit Discharge Detection & Elimination Rule This Statement of Need and Reasonableness describes the basis for the Board of Managers' determination that the draft rules are both beneficial and reasonable. Pursuant to Minnesota Statutes section 103D.341, the proposed amendments are being issued for a public comment period of at least 45 days. The District Board of Managers encourages all interested parties to comment on the rules or otherwise provide any information that might lead to further improvements to the District rules. The District invites all interested parties to submit written comments on the proposed changes to the rules. Comments must be received by March 3. 2013. State and regional resource protection agencies, local governments and potentially regulated parties are particularly invited to engage in a review of these proposed rules for the purpose of making them as resource protective as possible without creating excessive administrative costs or placing an undue burden on those subject to them. Comments on specific provisions in the proposed rules and how they may apply in practice are most useful. Similarly, criticisms are most valuable when accompanied by suggested alternative language or a suggested alternative approach. In addition to the 45 -day period for written comments, the District will hold a public hearing at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota, at 6;45 p.m. on March 28, 2013, at which time any interested person will have the opportunity to address the District Board of Managers concerning the proposed revisions. The District will consider carefully all comments and make appropriate changes to the proposed revisions before adoption. -474- Legal Authority Legal authority for the District's rules derives from Minnesota Statutes Chapters 103B and 1031). Under Minnesota Statutes section I03D.341, subdivision 1, watershed districts must adopt rules "to accomplish the purposes of [the Watershed Act] and to implement the powers of the managers." These purposes include, among others, conservation of water for public uses; controlling erosion and siltation of lakes, streams and wetlands; and protecting water quality in these bodies. Minn. Stat. § 103D.201, subd. 2. District managers are further authorized to regulate and control the use of water within the watershed district, regulate the use of streams and watercourses to prevent pollution, and regulate the use and development of land in collaboration with watershed cities. Id. § 103D.335, subds. 10, 16, and 23; §1038.21 1, subd. 1. District rules, and revisions to the rules, must be adopted by a majority vote of the Board of Managers, after public notice and hearing. Id. § 103D.341, subds. 1, 2(a). Before adoption, a copy of the proposed rules must be provided to the Minnesota Board of Water and Soil Resources (BWSR) and all public transportation authorities for a 45 -day period of review and comment. Id. § 103D.341, subd. 2(b). 11. INTRODUCTION Two sources are the basis of the draft rules introduced and described by this document: The requirement in Minnesota Statutes section 1036.21 1, subdivision 4, and the requirement the District, because it is a municipal separate storm sewer system (MS4) owner and operator under the Clean Water Act, regulate illicit connections and discharges of pollutants. The draft District rules developed in response to these two sources were examined, discussed, informed by and revised in a process with District staff, legal counsel and the MCWD Rules Committee. Comments were also solicited from members of the District's Technical Advisory Committee, and the District clarified the scope of the Illicit Discharge Detection & Elimination Rule in response to a request for such clarification. Ill. APPROPRIATIONS RULE The Appropriations Rule, responds to the requirement in Minnesota Statutes section 1036.21 1, subdivision 4, that the District regulate certain low-volume appropriations of surface water in Hennepin County. When the District revised its rules in 2011 BWSR staff commented on the need for an appropriations rule. The draft rule proposes for a 2 Appropriations and Illicit Discharge Detection & Elimination Rules January 17, 2013 Statement of Need and Reasonableness -475- straightforward, simple review and tracking system for appropriations of surface water for nonessential purposes below the quantity thresholds for permitting by the state or its delegate. The rule establishes a set of general criteria that an applicant can meet and not be subject to an individual permit from the District. it is based on a legal reasonableness standard that generally will allow small appropriations that do not interfere with the rights of others, including the public broadly. A party subject to the rule must supply information on the appropriation to the District. This is critical to the fulfillment of the key goal of the rule: better understanding of the effect of such appropriations on resources in the metropolitan area. IV. ILLICIT DISCHARGE DETECTION & ELIMINATION RULE The District, as an MS4 owner and operator under the Clean Water Act, must regulate illicit connections and discharges of pollutants to its MS4 system and watercourses in the watershed. The draft Illicit Discharge Detection & Elimination Rule fulfills that requirement. The rule will protect against untreated discharges that contribute high levels of pollutants, including heavy metals, toxics, oil and grease, solvents, nutrients, viruses, and bacteria to waterbodies. 3 Appropriations and illicit Discharge Detection & Elimination Rules January 17, 2013 Statement of Need and Reasonableness -476- APPROPRIATIONS RULE Adopted XXXXX, 2013 Effective XXXXX, 2013 1. POLICY. In fulfillment of the mandate of Minnesota StAltes section 103B.211, subdivision 4, the Board of Managers regulates the approp'litions of public waters within Al Hennepin County. 2. REGULATION. Apermit from the Districtigi. quiredtoafppftriateuptolO,000 gallons per day and up to 1,000,000 galloris,per-year of surface w iMt"for a nonessential use from: (a) A public water byain or wetlanJAJ�4in,tgl el. �ist within g Q., $'brtion of th Hennepin County,.0Makis less than in surface size; or (b) A protected watercoa—'se v portio-4phe District within Hennepin County thaT, s a dratriage area of less, .than 50 square miles. AW ' An individual per". & mftmD istrict is,'� t required 1 appropriation meets all of the following condifi6i'Z An appg fpublic water must not lower the water level in the ioi 4tercourse or i that would deprive the public and Nyolan,extent r rif pr petty owners'oiteasonable use of and access to the water; q, (2) Be rea§`t� a`ble and,'p'pactical with regard to alternative sources of water * or method.Cavailable, including use of water appropriated during high .:-:...flows anJI'vivels and stored for later use and the use of ground water, .:attain,,.(f)appropriate objective; (3)1nd es' the utilization of water storage and reuse, and conservation practices; (4) Does not cause a negative impact to the water resource; (5) Be subject to restriction, at any time, to meet in -stream flow needs or protect basin water levels. The applicant provides a completed application form, including all information described -477- in section 3 of this rule, and provides an annual report in accordance with paragraph 4 of this rule. 3. REQUIRED EXHIBITS. An applicant for a permit under this rule must provide: (a) Written evidence of ownership, control of or a license to use the land abutting the surface water source from which water will be appropriated. (b) Documentation that the applicant has no�.if fall riparian landowners of the proposed appropriation in accordance with fife District's Procedural Rules as well as signed statements from as manyi' paz-tanglandowners as the applicant is able to obtain stating support of the pyo posed appropriation. (c) A completed application sl (1) Applicant address; 4. REPORTING. (2) Applicant:em i ad+ .Ne (3) Purpose of the kequ h qVl i4$outce f water, (6) of appropriation; including volumes (daily and annual), y vase {7) Alternati ources of water considered and reasons why the paiticular alteLtive proposed was selected; 6 i• (8) Inforibition on any water storage facilities and capabilities and any proposed reuse and conservation practices; {9)�A contingency plan or an agreement to accept no appropriation in the.event of restrictions; and (10) If requested by the District, analysis of the effect of the proposed appropriation on levels and flows and anticipated impacts on in - stream flow or lake level conditions. /A' -478- (a) The annual Appropriations Report shall include: (1) Amount of water appropriated over the past year (2) Method of appropriation, if changed from original application sa� R$ 'an yrr 1� i,✓'kt $ y i. f \' W�a ARM t A .yW"st'.. �i. -479- PURSUANT TO MINNESOTA STATUTES § 103D,341 DEFINITIONS: • Hazardous pollutant means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or erwise managed. • Illicit connection means either of the following: 1. A drain or conveyance, whether on the s ace or subsurface, that allows an - illicit discharge to enter the storm draini Iri kluding but not limited to any conveyances which allow any non' sttormwater i8pharge including sewage, process wastewater, or wash wat to.;enter the storm dr�in system and any onnections to the storm drains�fe##iii from indoor dra�irand sinks, regardless of whether said drain or connectiori4hod been previously allowed, permitted, or approved by a political subdivision';, t 2. Any drain or conveance connected r. commercial or industrial land use to the storm drain system�liat-has not been cumented in plans, maps, or equivalent s ... records and approvedshy a political subdivislibl h • Illicit discharge means any director 1(i i -, : disehar'g`eA he District's municipal separate storm seyuer that isnot compose e rely of stor, Water, except discharges pursuant to an Ni' �ermit and d cliarg s a ultrng frorri firefighting activities. • Municipal Separate Storm :Sewer SysrteµS4) is thecconveyance or system of conveyances (including roads with draitfre systems, municipal streets, catch basins, curbs, gutter, ditches; maq ,hide channe stand storm drains) used for collecting and conveying stonnwatetand awned and opened entirely by the District. • Pallub1i is anything which causes,o�r on, ibutes to pollution. Pollutants may include, are not limited to. paihts,�varnishes, an `solvents; oil and other automotive fluids; t� . non -hazardous liquid ,tend so&ia wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned obje'is, ordnance s, and accumulations, so that same may cause or contribute to pollution; f1i ables; pesticides, herbicides, and fertilizers; hazardous substances and,-�yastes; sewage, fecal coli form and pathogens; dissolved and particulate mei is animal Wastes; wastes and residues that result from constructing a r building or structure, aitd:noxious or offensive matter of any kind. • Storm drain system;:tneans facilities by which stormwater is collected and/or conveyed to the District's MS4, including but not limited to roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human -made or altered drainage channels, reservoirs and other drainage structures. -480- I 1 E py VZON I• • Adopted XXXXX, 2013 Effective XXXXX, 2013 1. POLICY. In fulfillment, in part, of its obligations as a municipal separate storm sewer system (MS4) owner and operator under the Clean Water Act, the District regulates illicit connections and discharges of pollutants to its MS4 system and watercourses in the watershed. A, I 2. REGULATION. (a) Permit required. A stormwater manag obtained from the District for a new direct existing connection to the District's MS4 (b) Illicit connections prohibited. I existence of illicit connections to the prohibited. This prohibition expressl made prior to adoption of th'is::rule,,n under law applicable or prevailing at (i) A person is considers �t 1 kf" line conveying sewage to tf� be submitted to and a permit the replacement of an cr •. use, maintie ance or continued etn without a�)is ict permit is P imitation, illickt$-pnnections .her the connection was permissible time of cti rection. notation of ibis Rule if the person connects a riot s MS4 or allows such a connection to (fl) Any chain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent rec„ r. pproved byta�political subdivision will be located by the owner„of the p o�perty on receipt of14 Tice of Violation from the District. (s{)illegal dischaige;3.�proliitiited. No one may throw, drain or otherwise discharge or permit or cause others^to„throw, drain or otherwise discharge any pollutants to the storm dram system or waterc"hirses, including but not limited to pollutants that will cause or contribute tO,a violation`of applicable water -quality standards. 3. CRITERIA. (a) Connection to the District's MS4 System. (1) New direct connections and replacement of existing connections will be completed using a method that is approved by the District. (2) Peak flow rate, the total volume of flow and the timing of the flow for new connections must not cause new or exacerbate existing water conveyance problems in the District's MS4 system, Enlargement of existing connections is considered a new connection. -481- (b) IIlicit connections. Connections to the District's MS4 found to be in violation of this rule are found to be illicit connections, and must be disconnected and, if necessary, redirected to an approved onsite wastewater management system or a sanitary sewer system. (1) The requirement of paragraph (b) notwithstanding, a property owner required by the operation of this rule to disconnect from the District MS4 retains sole responsibility for compliance with all regulatory and other requirements applicable to an alternative discharge -management system. (c) Suspension of MS4 Access. (l) Suspension due to illicit discharges in emergenwituations. The District may, without prior notice, suspend discharge to its MS4 w necessary to stop an actual or threatened discharge that presents or may present,immjnent and substantial danger to the environment or to the health or welfare of per '*.e District's MS4 or waters of the state. 0111" N11, al (2) Suspension due to the detection of.,illicit discharge. Any' ;Pe on discharging to the District's MS4 in violation of this rule may have their MS4 acre tninated if such termination would abate or reduce an ilhet'Vd scharge 4 .-he District will notify a violator of the proposed termination of MS4 acce'?s� . ie ator may petition�the District for a reconsideration and hearmg A person commits Tense subject to edol cement if the person reinstates MS4 access'to preI�ss termina ed pursuant to this paragraph without a permit from the District. (d) Monitoring of Dischat"rges,r (l) Apphcab.iiety This subsection applies to:all faciH4 that have stormwater discharges associated with`°ihdustrial or construction ac Ivity. (2) Access to Facilit es (i) The>.DistrieY'a�ilt'be peh itted to enter and inspect facilities subject to this rule IV I as may to necessary�to determnit�'Ompliance with this rule. The discharger will make the 'oe sary a'rrangements to allow access to representatives of the Z (n) facility oper firs will allow the District ready access to all parts of the prey Ro for the; '4oses of inspection, sampling, examination and copying of recordslihatmu4t'6 kept under the conditions of an NPDES stormwater permit. (iii) If the District has been refused access to any part of the premises from which stormwater is discharged, the District may seek issuance of a search warrant from any court of competent jurisdiction. (c) Requirement to prevent, control and reduce stormwater pollutants through the use of best management practices. (1) The owner or operator of a commercial or industrial facility will provide, at its sole expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm drain system or watercourses through the use of these structural and -482- non-structural BMPs. The owner of a property that is or may be the source of an illicit discharge may be required by the District to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the District's MS4. (f) Watercourse Protection. (1) An owner of real property riparian to a watercourse in the Minnehaha Creek watershed will ensure that that the part of the watercourse adjacent to the property will maintain the watercourse free of trash, debris and obstacles polluting or contaminating the watercourse or significantly retarding the flow of weer through the watercourse. In . „.. addition, the property owner will maintain existing privately owned structures within or adjacent to a watercourse, so that such structures _. - � t become a hazard to the use, function or physical integrity of the watercourserp t (g) Notification of Spills. Notwithstanding othe rdqulrements of laws soon as any person responsible for a facility or operation, or respon� s bl for emergency re's rouse for a facility or operation, has information of any known or susp c ed release of material-,", ich result or may result in illegal discharges or discharge ofpollut�kto stormy~!, ter, the storm drain system or waters of the state, said person will t kp all necess3iNteps to nsure the contain nent and cleanup of such release. In the eventa release ofhazardolais materials, said person will �•.. immediately notify emergency response ager lV of the r" tease In the event of a release of nonhazardous materials, said person willhoiifiJ h"e District'i rson or by phone or email no later than the next business day following. discov fy:'of the rele 9 `t+��., (h) Enforcement In addition to pursuing enfd,�..ce&in acttorts � provided in the District Enforcement Rule, the"=District may'utilize the glowing rneasu es to enforce the provisions of this rule:, (1) Notice.of violation. Wher ever the District finds that a person has violated a proht,bition or"•failed t6;' e6t a iequtro hent d4liis rule, the District may order compliance � vGritten notice o�violation to the res ori"sible person. Such notice may require without litnttation: (i) The performance of mo3litoring, analysis and/or reporting; i�) The eliminatior,of illicit connections or discharges; V,`:.; 'i hat violating discharges, practices or operations will cease and desist; (iv) The abaterhent or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; (v) Payment of District costs of administrative and remediation; (vi) The implementation of source control or treatment BMPs. -483- (2) Enforcement Measures. If a violation is not corrected pursuant to the Notice of Violation and subsequent District order, the District will seep enforcement of the rule requirements and/or order through criminal prosecution, injunction, action to compel performance, restoration, abatement, and other appropriate action. The District may avail itself of any and all measures necessary to abate the violation and/or restore the property. It is unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the District or its agents to enter upon the premises for the purposes set forth herein. (3) Cost of Abatement. The District may assess costs o batement or restoration against the property at which the abatement or restoration as uired. 4. EXHIBITS. The following exhibits must accompany ate hcation for a permit under this rule. One set full size; one set reduced to 11 inches bye}inches,,,,' d a copy of all submittals in electronic Adobe Acrobat (.pdf) Format. (a) Property lines and delineation of lands identifying ownership:and easements. (b) Proposed and existing stormwater A INI'lies' location,. alignment and elevation. (c) Identification of existing%d-p osed sitr elevations with at'least a 2 -foot 1^ contour interval. � (d) Construction plans and speclfi tions ofthe�, roposed connection, including design details, connection rr}etttod, and timing of conned.zi (pyx (e) Stormwaterrunoff volume and rate analysis for the 2-, 10-, and 14fl-year critical events, existing arida proposed conditions' ff1 NArrsttve addreSsltl ificomoratitin of sto` mwater BMPs. soil bori_ gJndic`a(irig soil type. (h) Cofiistruction dewa ng plan and construction water control and treatment plan. S. EXCEPTION "� (a) Discharges from the following sources are exempt from the prohibitions in this Rule: water line flusliin'gi5r another potable water source, landscape irrigation, diverted stream flows, rising ground,, ter, ground water infiltration to storm drains, uncontaminated groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, dechlorinated swimming pools and street wash water. (b) Discharges subject to specific exemption in writing from the District as necessary to protect public health and safety. -484- (c) Dye testing is an allowable discharge, but requires a verbal notification to the District prior to the time of the test. (d) Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. A- -485- Notice to Counties and Municipalities Under Minn. Stat. S 216B.16, subd. I STATE OF MINNESOTA BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Beverly Jones Heydinger Phyllis Reha David C. Boyd J. Dennis O'Brien Betsy Wergin IN THE MATTER OF THE APPLICATION OF NORTHERN STATES POWER COMPANY, DOING BUSINESS AS XCEL ENERGY, FOR AUTHORITY TO INCREASE RATES FOR ELECTRIC SERVICE IN THE STATE OF MINNESOTA Chair Commissioner Commissioner Commissioner Commissioner MPUC DOCKET No. E002/GR-12-961 OAH DOCKET No. 68-2500-30266 TE INCREASE NOTICE Xcel Energy has asked the Minnesota Public Utilities Commission (MPUC) for permission to increase its electricity rates by $285.5 million, or approximately 10.7 percent effective January 1, 2013. The MPUC will evaluate our request and will make its decision on final rates in September 2013. If final rates are lower than interim rates, we will refund customers the difference with interest. Iffinal rates are higher than interim rates, we will not charge customers the difference. Public Comment Administrative Law Judge Jeanne Cochran has scheduled public hearings so customers may have an opportunity to present their views on the adequacy and :quality of Xcel Energy's service, the level of rates, or other related matters. Any Xcel Energy customer or other person may attend or provide comments at the hearings. You do not need to be represented by an attorney. Accommodations If any reasonable accommodation is needed to enable you to fully participate in these public hearings (e.g. sign language, foreign language interpreter, large print materials), please contact the MPUC at 651-296-0406 or 800-657-3782 one week in advance of the hearing. -486- ®ate Time Current monthly cost Location Monday, March 4 1:00 P.M. Earle Brown Heritage Center, 6155 Earle Brown Drive, Minneapolis Monday, March 4 3:00 .m. Sabathani Center, 310 East 38th St., Minneapolis Thursday, March 7 7:00 p.m. Woodbury Central Park, 8595 Central Park PI., Woodbury Friday, March 8 1:00 P.M. West Minnehaha Rec Center, 685 West Minnehaha Ave., St. Paul Monday, March 18 7:00 p.m. Civic Center, 1 Civic Center Plaza, Mankato Tuesday, March 19 7:00 p.m. Eden Prairie Community Center, 16700 Valley View Rd, Eden Prairie Friday, March 22 1:00 P.M. Lake George Municipal Complex, 1101 7t' St. South, St. Cloud Effect of Rate Changes The table below provides examples of the effect of the proposed increase on typical bills of Xcel Energy's customers. Individual changes may be higher or lower depending on actual electricity usage. The rate changes described in this notice have been requested by Xcel Energy. The NMUC may either grant or deny the requested changes, in whole or in part, and may grant a lesser or greater increase than that requested for any customer class or classes. iii I i TI. ai Customer classification Average monthly kWh usage Current monthly cost Interim monthly increase Proposed final monthly increase Residential - Overhead line service 562 $64.66 $6.71 $7.92 Residential - Underground line service 824 $93.49. $9.66 $10.27 Energy -Controlled (Dual Fuel) 989 $70.88 $5.89 $8.15.' Small General Service 976 $106.13 $10.76 $11.29 Small General Time -of -Day Service 1,405 $131.23 $12.51 $12.63 General Service 17,141 $1,489.69 $138.07 $147.85 General Time -of -Day Service 188,695 $13,649.38 $1,165.39 $1,264.10 Peak -Controlled Service 62,571 $6,570.24 $660.40 $882.97 Peak -Controlled Time -of -Day Service 605,670 $49,058.84 $4,450.02 $5,572.11 Small Municipal Pumping 559 $64.47 $6.67 $7.92 Municipal Pumping 5,177 $511.26 $50.17 $53.77 Monthly increases do not include the portion of your bill for fuel, riders, sales taxes and municipal franchise fees, and may vary by customer based on usage. 2 -487- Written Comments Written comments may be sent to the Administrative Law Judge: Judge Jeanne Cochran Office of Administrative Hearings P.O. Box 64620 St. Paul, Minnesota, 55164-0620 Email: ratecomments.oah@state.mn.us Customers may also provide comments to the Minnesota Public Utilities Commission: 121 Seventh Place East, Suite 350 St. Paul, Minnesota, 55101-2147 Email: PublicComments.puc@state.mn.us. Phone: 651-296-0406 or 800-657-3782, Option 1 Citizens with hearing loss or speech disabilities may call through Minnesota Relay at 800-627-3529 or by dialing 711. Written comments are most effective when the following three items are included: (1) the issue(s) in Xcel Energy's proposal you are addressing; (2) your specific recommendation; and (3) the reason for your recommendation. Please include.OAH docket number 68-2500-30266 and mPUC docket number E002/GR-12-961 in all communications. The deadline for written comments is April 1, 2013. Important: Comments will be made available to the public on the MPUC's website, except in limited circumstances consistent with the Minnesota Government Data Practices Act. The MPUC does not edit or delete personal identifying information from submissions. Evidentiary Hearings Formal evidentiary hearings on Xcel Energy's proposal aesota Public Utilities to start on April 18, 2013, at 9:30 a.m., in the Large He Room, Commission, 121 Seventh Place East, Suite 350, St. Paul. The purpose of the evidentiary hearings is to allow Xcel Energy, the Minnesota Department of Commerce -Division of Energy Resources, Energy Regulation and Planning, the Minnesota Office of Attorney General -Antitrust and Utilities Division, and others to V -488- present testimony and to cross-examine each other's witnesses on the proposed rate increase. .Anyone who wishes to formally intervene in this case should contact the Administrative Law Judge, Jeanne Cochran at the above address. For More Information You may visit Xcel Energy's offices during normal business hours to examine the current and proposed rate schedules and our request for new rates. Xcel Energy's corporate office is located at: 414 Nicollet Mall Minneapolis, Minnesota 55401 Web: www.xcelene=.com/XcelMNRates , Select the Filing Documents tab. Or, you may contact the Department of Commerce at: 85 Seventh Place East, Suite 500 St. Paul, Minnesota 55101 Phone: 651-296-9314 Citizens with hearing loss or speech disabilities may call through Minnesota Relay at 800-627-3529 or by dialing 711. Web: www.Fuc.state.mn.us ; Select Search a ockets; Select 12 in the.year field; enter 961 in the number field; select Search, and the list of documents will appear on the next page. February 2013 Xcel Energy -489- M 5341 Maywood Road Mound, MN 55364 (952) 472-0604 Memorandum To: Honorable Mayor and City Council City of Mound BuildinLn - Department Plannuig and From: Sarah Smith, Community Development Director Date: 2/26/2013 Re: Woodlyn Ridge Residential Subdivision by Woodlyn, LLc — Recommended Revisions to Development Agreement Consent Agenda Item No. 4 (E) (4) includes action on a resolution adopting the Development Agreement ("Agreement") with Woodlyn, LLC for the Woodlyn Ridge Subdivision. Following review and discussion with Steve Bona, on behalf of Woodlyn, LLC, Staff recommends the following revisions to the proposed Agreement as follows: Page 434 2.03. Financial Guaranty, Public Improvements. Prior to the date that the City awards the contract for construction of the Public Improvements, the Developer will provide the City with an irrevocable letter of credit ("Public Improvement Security"), approved by the City Attorney, in the amount of 125% of the estimated project costs for the Public Improvements. The Public Improvement Security shall allow the City to draw on the instrument, in whole or in part, to reimburse the City ifs the Developer fails to pay the special assessments levied against the development property or otherwise fails to reimburse the City for the full cost of the Public Improvements or fails to reimburse the City for any unpaid fees owed by the Developer to the City. If the parties agree, the estimated costs will include the City's costs in designing, preparing plans and specifications, bidding the project and preparing and execution of the construction contracts. If the parties do agree, the amount of the Escrow required under paragraph 3.05 to cover such costs will be released upon delivery of the Public Improvement Security. The Public Improvement Security shall not be released until all financial obligations by the Developer to the City have been satisfied and the required "as built" plans have been delivered to the City. However, as assessments are paid the letter of credit may be reduced or replaced by substitute letters of credit not more often than once ever twelve months to an amount that is not less than the amount of the unpaid assessments. The Public Improvement Security must comply in every way with the requirements contained in the "Policy on Use of Chapter 429 for Private Development Projects" adopted by the City Council on March 13, 2012. The intent of this portion of this Agreement is to ensure that the City has access to sufficient financial security to reimburse itself for all of its costs in constructing the Public Improvements. Page 436 4.01. Default by Developer. In the event of default by the Developer as to any of the work to be performed hereunder by the Developer, its successors or assigns, the City may, at its option perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City_, provided the Developer is first given notice of the work in default not less than 72 hours in advance. The City is granted the right to declare any sums provided by this Agreement due and payable in full, and the City may immediately bring legal action against the Developer to collect the sums covered by this Agreement and/or draw upon the financial guaranty posted in conformance with paragraphs 2.02 or 2.03 of this Agreement. In the event the City draws from the financial guaranty sums that exceed the costs or damage to the City, the City will return such excess amounts. In addition to its other remedies provided herein, the City may levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to Meal such assessments pursuant to Minnesota Statutes Section 429.08 1 February 26, 2013 City Council Meeting Revisions to Consent Agenda Item No. 4 (E) (4) Pages 434 and 436 Mr. Carlton Moore Public Works Director City of Mound 5341 Maywood Road Mound, MN 55364 Dear Mr. Moore: Cut,..- OL -;� /')� / 17, The purpose of this letter is to inform you that the Metropolitan Council, along with its consultant, are planning on commencing with a pilot test of the existing treatment pond located at 6270 Westedge Blvd, the former WWTP site for the City of Mound. Anticipated start date would be March 4h, 2013. The purpose of the pilot test is as follows: To determine whether the pond can be effectively dewatered To determine whether the pond bottom is firm enough to support equipment that would ultimately be used to consolidate and remove existing sediments To determine whether the sediment can be effectively dewatered for offsite removal The duration of this work is estimated to be 2 weeks, but is subject to actual onsite conditions and weather. Work will generally consist of dewatering the existing pond (pumping) to the existing interceptor, removing ice from the scope area (southwestern portion of pond) and working the existing sediment into a small stockpile for observation. After observation is complete, the stockpile will be spreadout such that the sediment material will be below the current water level elevation. No material will be hauled away from the site with this work. All work will be contained within the existing pond. All applicable erosion control BMP's will be installed prior to commencing work and street sweeping and demobilization from the site will follow completion of the work. Should you have questions, I can be reached at (651) 602-4538. Sinter hris Remus Principal Engineer, Interceptor Engineering Copy: Bryce Pickart Scott Dentz file METROPOLITAN 0 CITY OF MOUND RESOLUTION NO. 13 NG RESOLUTION APPROVING PLANS AND OR THE 2013 STREET,IUTILIONS AND TY AND RETAININI ADVERTISEMENT FOR BIDS F G WALL UTHEAST ISLAND IMPROVEMENT PROJECT WOODLOYN RIDGE (PW -13-05) AREA (PW -13-01), AND WHEREAS, pursuant to Resolution 12-95 passed by the City Council on November 13, 2012, the City Engineer has prepared plans and Wall improvement Projns for the ect forgproposed the Southeast Island project: 2013 Street, Utility and Retaining p Area (PW -13-01), and has presented such plans and specifications to the Council for approval; and WHEREAS, pursuant to Resolution 12-io3 passed by the ecty onstruct the puncil onDbl c improveecember 11, m12 ents accepting Developer's Waiver and Petition to have the City necessary to serve Woodlyn Ridge tn dd assess the entir 42ge cot of these improvements to the Developer pursuant to Minnesota and WHEREAS, the City Engineer has prepared plans and specifications for the public improvements necessary to serve Woodlyn Ridge and these plans will be included with the 2013 Street, Utility and Retaining Wall Improvement Project plans and referenced as Woodlyn Ridge, City Project PW -13-05; NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota: 1. Such plans and specifications, as shown in Exhibit A, and made a part herein, are hereby approved. nd cause to be inserted in the official paper an advertisement 2. The City Clerk shall prepare a for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published in the official city newspaper, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on March 26, 2013, at which time they will be publicly opened in the council chambers of city hall by the City Clerk and Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on Tuesday, April 9, 2013 in the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5% of the amount of such bid. Adopted by the City Council this 26th day of February, 2013. Mark Hanus, Mayor ATTEST: Catherine Pausche, Clerk 2/26/13 Consent Agenda Replacement Page 459 (minor housekeeping)