2017-07-11 CC Agenda PacketPLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable
cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community.
AGENDA
MOUND CITY COUNCIL TUESDAY, JULY 11, 2017 - 7:00 PM
REGULAR MEETING MOUND CITY COUNCIL CHAMBERS
*Consent AQenda: Items listed under the ConsentAgenda are considered routine in nature and will be enacted by a single roll call
vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will
be removed from the Consent Agenda and considered in normal sequence.
Opening meeting
2. Pledge of Allegiance
3. Approve agenda, with any amendments
*Consent Agenda: Items listed under the Consent Agenda are considered routine in nature, have been evaluated by staff,
recommended by staff for approval by the Council, and will be enacted by a single roll call vote. There will be no
separate discussion of these items unless a Council Member or Citizen so requests. At this time, anyone present who
wishes to offer dissenting comment to any items on the Consent Agenda is invited to identify themselves and the item of
concern so that the it may be removed from the Consent Agenda and considered after discussion in normal sequence.
Separate introduction or further support from petitioners or requestors is not required at this time and removal of an item
from the Consent Agenda for this purpose is not required or appropriate.
Page
4. *Consent Agenda
*A. Approve payment of claims
*B. Approve Minutes: 6-27-17 Regular Meeting
1832- 1849
1850- 1859
*C. Approve resolution approving amendment to the consent and waiver agreement 1860- 1865
with respect to the hazardous building located on the property at 6077 Aspen Road 1862
*D. Approve Resolution Approving Musical Concert Permit for Special Event at 1866- 1869
Mount Olive Lutheran Church on July 30, 2017 and Waiving Fee Due to Public 1868
Purpose of Gathering
*E. Approve Resolution Approving Planned Area Development Agreement for 1870-1889
Dutch Lake Preserve 1871
*F. Approve Pay Request No. 2 from Park Construction in the amount of $203,206.74 1890-1891
for the 2017 Street, Utility and Retaining Wall Improvement Project;
City Project Nos. PW -17-01, PW -17-02, PW -17-03, PW -17-04
*G. Approve Resolution approving Change Order No. 3, 2016 Lift Station 1892- 1895
Improvements, City Project No. PW -16-05
*H. Approve Resolution approving Change Order No. 4, 2016 Street, Utility & Retaining 1896-1899
Wall Improvements - Bartlett Boulevard, Tuxedo Boulevard Phase II and Maywood 1897
Road/Cypress Lane, City Project Nos. PW -16-01, PW -16-02, PW -16-03
PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
*I. Approve Resolution approving Change Order No. 1, 2017 Street, Utility & Retaining 1900- 1903
Wall Improvements, City Project No. PW -17-01 1901
*J. Approve the following project related pay requests: 1904- 1912
1. Norling Lake Minnetonka Landscapes, Inc. totaling $2,383.50 for the
2016 Street Improvement Project, Tuxedo Blvd, City Project No. PW -16-02
2. Gaylen Thostenson, totaling $502.00 for the 2016 Street Improvement
Project, Bartlett Blvd, City Project No. PW -16-01
3. Xcel Energy totaling $1,830.00 for the 2017 Street Improvement Project,
Lynwood Blvd, City Project No. PW -17-01
*K. Approve a resolution approving public gathering permit and outdoor musical concert 1913- 1933
permit for 2017 Dog Days special event with a reduced fee due to public purpose 1916
of gathering
5. Comments and suggestions from citizens present on any item not on the agenda.
(Limit to 3 minutes per speaker.)
6. Visit and presentation by Tim Liffin regarding 2017 Tour de Tonka annual special event 1934- 1937
7. Action on a resolution expressing appreciation to City Engineer Dan Faulkner 1938
8. Field Officer Stewart Simon and Community Development Director Sarah Smith 1939- 1954
requesting action on a resolution ordering the abatement of conditions creating a 1942
hazardous property existing at 4837 Bedford Road
9. Information/Miscellaneous
A. Comments/reports from Council members
B. Reports:
C. Minutes:
D. Correspondence: Letter from Kreg Schmidt, Bolton & Menk, Inc., 1955
regarding retirement of City Engineer, Dan Faulkner
10. Adjourn
This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current
meeting agendas may be viewed at City Hall or at the City ofMound web site: www. cit mound. com.
COUNCIL BRIEFING
July 11, 2017
Upcoming Events Schedule: Don't Forget!!
21 - 22 July - Spirit of the Lakes Festival
25 July 2017 - 6:55 PM - HRA Regular Meeting (as may be required)
25 July 2017 - 7:00 PM - City Council Regular Meeting
8 August 2017 - 6:00 PM - Finance Committee Meeting re: 2018 Budget Preview
8 August 2017 - 6:55 PM - HRA Regular Meeting (as may be required)
8 August 2017 - 7:00 PM - City Council Regular Meeting
12 August 2017 - Dog Days
22 August 2017 - 6:55 PM - HRA Regular Meeting (as maybe required)
22 August 2017 - 7:00 PM - City Council Regular Meeting
24 August - 4 September - State Fair
5 September - Westonka Schools resume
9 September - Running of the Bays
12 September - 6:55 PM - HRA Regular Meeting (as may be required)
12 September - 2017 - 7:00 PM - City Council Regular Meeting
16 September - Mound -Tree Trust Tree Sale Tree Pick-up Day
26 September - 6:55 PM - HRA Regular Meeting (as may be required)
26 September - 2017 - 7:00 PM - City Council Regular Meeting
City Offices Closed
4 September 2017 - Labor Day
City Official's Absences
Please notify the City Manager in advance of an absence. Some votes require more than a simple
majority and Staff needs to plan accordingly.
Inquire in advance, please......
Council members are asked to call or email their questions in advance of a public meeting so that more
research maybe done or additional information maybe provided that will assist in your quality decision-
making.
2017
0615UBREFUD
$
593.28
2017
PAYREQ062717
$
247,470.66
2017
062917CTYMAN
$
7,416.22
2017
070717CTYMAN
$
3,661.34
2017
071117CITY
$
50,227.89
2017
071117HS
$
88,983.34
'TOTAL 1! $ 398y352.73
-1832-
CITY OF MOUND 06/28/17 2:39 PM
Page 1
Payments
Current Period: June 2017
Batch Name
0615UBREFUND User Dollar Amt $593.28
Payments Computer DollarAmt $593.28
$0.00 In Balance
Refer
1 EDINA REALTY TITLE _
Cash Payment
R 601-49400-36200 Miscellaneous Revenu 6016 CHERRYWOOD RD - UTILITY
$305.73
REFUND- - J. DAVID -EDINA REALTY TITLE
Invoice 062817
6/28/2017
Transaction Date
6/28/2017 Wells Fargo 10100 Total
$305.73
Refer
2 JONES, BECKY(JORGENSON)
Cash Payment
R 60149400-36200 Miscellaneous Revenu 2442 LOST LAKE RD UTILITY REFUND-
$100.00
JONES/JORGENSON
Invoice 062817
6/28/2017
Transaction Date
6/28/2017 Wells Fargo 10100 Total
$100.00
Refer
3 KARNO, PAUL
Cash Payment
R 60149400-36200 Miscellaneous Revenu 3213 DEVON LANE- UTILITY REFUND- P.
$75.00
KARNO
Invoice 062817
6/28/2017
Transaction Date
6/28/2017 Wells Fargo 10100 Total
$75.00
Refer
4 WILLIAMS, SARAH
Cash Payment
R 601-49400-36200 Miscellaneous Revenu 3041 DUNDEE LANE- UTILITY REFUND-
$112.55
WILLIAMS, SARAH
Invoice 062817
6/28/2017
Transaction Date
6/28/2017 Wells Fargo 10100 Total
$112.55
Fund Summary
10100 Wells Fargo
601 WATER
FUND $593.28
$593.28
Pre -Written Checks $0.00
Checks to be Generated by the Computer $593.28
Total $593.28
-1833-
CITY OF MOUND
Payments
Current Period: June 2017
06/28/17 1:44 PM
Page 1
Batch Name
PAYREQ062717 User Dollar Amt $247,470.66
Payments Computer Dollar Amt $247,470.66
$0.00 in Balance
Refer
1 AMERICAN ENGINEERING TEST IN _
Cash Payment
E 602-49450-500 Capital Outlay FA
GEOTECHNICAL EXPLORATION SVC 2017
$5,830.00
LIFT STATION IMPROV PROJ PW 17-05- C5
LUMP SUM FEE
Invoice 96728
5/31/2017
Transaction Date 6/28/2017
Wells Fargo 10100 Total
$5,830.00
Refer
3 GEISLWGER AND SONS, INCOPO
_
Cash Payment
E 401-43115-500 Capital Outlay FA
2015 STREET PROJ --GRANDVIEW BLVD-
$52,385.00
PAY REQUEST # 14 WORK COMPLETED JAN
17TH THRU JUNE 15TH 2017 - PW 15-01
Invoice 062717
6/21/2017
Project PW1501
Cash Payment
E 401-43135-500 Capital Outlay FA
2015 STREET PROJ -TUXEDO BLVD- PAY
$117,672.87
REQUEST # 14 WORK COMPLETED JAN
17TH THRU JUNE 15TH 2017- PW 15-02
Invoice 062717
6/21/2017
Project PW1502
Cash Payment
E 401-43110-500 Capital Outlay FA
2015 RETAINING WALL PROJ --PAY
$3,217.72
REQUEST #14 WORK COMPLETED JAN
17TH THRU JUNE 15TH 2017- PW 15-03
Invoice 062717
6/21/2017
Project PW1503
Cash Payment
G 401-22000 Deposits
MCES 2015 STREET PROJ -PW 15-02-
$62,017.26
TUXEDO BLVD- MCES SANITARY SEWER
PIPE IMPROV PORTION PAY REQUEST # 14
WORK COMPLETED JAN 17TH THRU JUNE
15TH 2017
Invoice 062717
6/21/2017
Project PW1502
Cash Payment
E 401-43115-500 Capital Outlay FA
2015 STREET PROJ --SIDEWALK, PORTION-
$172.56
GRANDVIEW BLVD- PAY REQUEST # 14
WORK COMPLETED JAN 17TH THRU JUNE
15TH 2017 - PW 15-01
Invoice 062717
6/21/2017
Project PW1501
Transaction Date
6/28/2017
Wells Fargo 10100 Total
$235,465.41
Refer
2 NORLINGS LAKE MINNETONKA IN
Cash Payment
E 401-43116-300 Professional Srvs
_
LANDSCAPE CONSTRUCTION & PLANTING-
$3,650.00
REPAIR 2016 STREET PROD- 4937
BARTLETT BLVD -DION -PW 16-01
Invoice 32764
6/15/2017
Cash Payment
E 401-43116-300 Professional Srvs
LANDSCAPE CONSTRUCTION -REPAIR 2016
$2,525.25
STREET PROJ- 4991 BARTLETT BLVD -
GOODE -PW 16-01
Invoice 32763
6/15/2017
Transaction Date
6/28/2017
Wells Fargo 10100 Total
$6,175.25
CITY OF MOUND
Payments
Current Period: June 2017
Fund Summary
10100 Wells Fargo
401 GENERAL CAPITAL PROJECTS $241,640.66
602 SEWER FUND $5,830.00
$247,470.66
Pre -Written Checks $0.00
Checks to be Generated by the Computer $247,470.66
Total $247,470.66
-1835-
06/28/17 1:44 PM
Page 2
CITY OF MOUND
Payments
Current Period: June 2017
06/29/17 11:32 AM
Page 1
Batch Name
062917CTYMAN User Dollar Amt $7,416.22
Payments Computer DollarAmt
$7,416.22
$0.00 In Balance
Refer
4 CENTERPOINT ENERGY (MINNEG
_
Cash Payment
E 602-49450-383 Gas Utilities
2649 EMERALD DR. LS E3 GENERATOR
$23.78
NATL GAS SVC 5-20-17 THRU 6-20-17
Invoice 062917
6/22/2017
Cash Payment
E 602-49450-383 Gas Utilities
4791 NORTHERN RD LS DI GENERATOR
$55.26
NATL GAS SVC 5-20-17 THRU 6-20-17
Invoice 062917
6/22/2017
Cash Payment
E 602-49450-383 Gas Utilities
3303 WATERBURY RD LS GAS SVC 5-20-17
$21.11
THRU 6-20-17
Invoice 062917
6/22/2017
Cash Payment
E 602-49450-383 Gas Utilities
2990 HIGHLAND BLVD LS Bt GENERATOR
$32.49
NATL GAS SVC 5-20-17 THRU 6-20-17
Invoice 062917
6/22/2017
Cash Payment
E 602-49450-383 Gas Utilities
4948 BARTLETT LS E2 GENERATOR NATL
$25.11
GAS SVC 5-20-17 THRU 6-20-17
Invoice 062917
6/22/2017
Cash Payment
E 602-49450-383 Gas Utilities
4728 CARLOW RD LS GENERATOR NATL
$21.11
GAS SVC 5-20-17 THRU 6-20-17
Invoice 062917
6/22/2017
Cash Payment
E 602-49450-383 Gas Utilities
5808 GRANDVIEW BLVD LS GENERATOR
$25.11
NATL GAS SVC 5-20-17 THRU 6-20-17
Invoice 062917
6/22/2017
Cash Payment
E 602-49450-383 Gas Utilities
4922 THREE PTS BLVD LS GENERATOR
$26.46
NATL GAS SVC 5-20-17 THRU 6-20-17
Invoice 062917
6/22/2017
Cash Payment
E 602-49450-383 Gas Utilities
1758 SUMACH LANE LS GENERATOR NATL
$27.81
GAS SVC 5-20-17 THRU 6-20-17
Invoice 062917
6/22/2017
Cash Payment
E 602-49450-383 Gas Utilities
5077 WINDSOR RD LS GENERATOR NATL
$22.64
GAS SVC 5-20-17 THRU 6-20-17
Invoice 062917
6/22/2017
Transaction Date
6/28/2017
Wells Fargo 10100 Total
$280.88
Refer
7 FOUR DAUGHTERS WINERY
_
Cash Payment
E 609-49750-253 Wine For Resale
WINE
$520.00
Invoice 032
1/27/2017
Transaction Date
6/29/2017
Wells Fargo 10100 Total
$520.00
Refer
8 FRONTIER/CITIZENS COMMUN/CA
Cash Payment
E 222-42260-321 Telephone, Cells, & Radi
NETWORK ETHERNET SVC 6-20-17 THRU -
$150.00
20-17
Invoice 062917
6/29/2017
Cash Payment E 101-41920-321 Telephone, Cells, & Radi
NETWORK ETHERNET SVC 6-20-17 THRU -
$175.00
20-17
Invoice 062917
6/29/2017
Cash Payment E 101-41500-321 Telephone, Cells, & Radi
PHONE -INTERNET SVC CREDIT OVERBILL
-$6.01
Invoice 062917
6/29/2017
Transaction Date
6/29/2017 Wells Fargo 10100 Total
$318.99
Refer
2 GROVE NURSERY, INC. _
-1836-
CITY OF MOUND 06/29/1711:32 AM
Page 2
Payments
Current Period: June 2017
Cash Payment E 101-45200-232 Landscape Material
LANDSCAPE PLANTS- #1 - HOSTAS, MISS
$327.00
KIM LILAC #5 POTS, ORNAMENTAL GRASS
Invoice 27461700 6/6/2017
Transaction Date 6/27/2017
Wells Fargo 10100 Total
$327.00
Refer 3 M/NNESTALG/A WINERY
_
Cash Payment E 609-49750-253 Wine For Resale
WINE
$180.00
Invoice 4748 5/16/2017
Transaction Date 6/28/2017
Wells Fargo 10100 Total
$180.00
Refer 5 MUELLER, WILLIAM AND SONS
_
Cash Payment E 101-43100-224 Street Maint Materials
SIZE A BLACK DIRT 2.02 TONS
$115.14
Invoice 224193 6/5/2017
Cash Payment E 101-43100-224 Street Maint Materials
SIZE A BLACK DIRT .99 TON
$56.43
Invoice 224533 6/12/2017
Cash Payment E 101-43100-224 Street Maint Materials
SIZE A BLACK DIRT 1.03 TONS
$58.71
Invoice 225004 6/22/2017
Transaction Date 6/20/2017
Wells Fargo 10100 Total
$230.28
Refer 6 OPUS 21 MGMT SOLUTIONS
Cash Payment E 602-49450-307 Admin/Finance/Compute MAY 2017 -CIS DATA HOSTING,
$1,777.19
PRODUCTION, BILLING, CALL CTR SUPPORT
Invoice 170514 6/22/2017
Cash Payment E 601-49400-322 Postage
MAY 2017- UTILITY BILLING POSTAGE
$321.62
Invoice 170514 6/22/2017
Cash Payment E 602-49450-322 Postage
MAY 2017- UTILITY BILLING POSTAGE
$321.63
Invoice 170514 6/22/2017
Cash Payment E 601-49400-307 Admin/Finance/Compute
MAY 2017 -CIS DATA HOSTING,
$1,777.20
PRODUCTION, BILLING, CALL CTR SUPPORT
Invoice 170514 6/22/2017
Transaction Date 6/28/2017
Wells Fargo 10100 Total
$4,197.64
Refer 1 R.C. ELECTRIC, INCORPORATED
Cash Payment E 101-45200-440 Other Contractual Servic
ELECTRICAL WORK @ GREENWAY- CHECK
$1,361.43
SHORT CIRCUIT, REPLACE POST LIGHTING,
BALLASTS & LAMPS
Invoice 5651 4/26/2017
Transaction Date 6/27/2017
Wells Fargo 10100 Total
$1,361.43
Fund Summary
10100
Wells Fargo
101 GENERAL FUND
$2,087.70
222 AREA FIRE SERVICES
$150.00
601 WATER FUND
$2,098.82
602 SEWER FUND
$2,379.70
609 MUNICIPAL LIQUOR FUND
$700.00
$7,416.22
Pre -Written Checks $0.00
Checks to be Generated by the Computer $7,416.22
Total $7,416.22
-1837-
CITY OF MOUND 07/06/17 12:04 PM
Page 1
Payments
Current Period: July 2017
Batch Name 070717CTYMAN User Dollar Amt $3,661.34
Payments Computer DollarAmt $3,661.34
$0.00 In Balance
Refer 42 CENTRAL MCGOWAN, INCORPOR
Cash Payment
E 602-49450-210 Operating Supplies HIGH PRESSURE CYLINDER RENTAL 2017
$33.60
Invoice 00091011
6/30/2017 Project 17-3
Transaction Date 7/6/2017 Wells Fargo 10100 Total
$33.60
Refer
43 FRONTIER/CITIZENS COMMUNICA
Cash Payment
E 101-45200-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17
$124.59
Invoice 070717
6/30/2017
Cash Payment
E 602-49450-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17
$39.55
Invoice 070717
6/30/2017
Cash Payment
E 609-49750-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17
$301.48
Invoice 070717
6/30/2017
Cash Payment
E 602-49450-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17
$124.15
Invoice 070717
6/30/2017
Cash Payment
E 601-49400-321 Telephone, Cells, & Radi PHONE SVC -630-17- TO 7-29-17
$120.50
Invoice 070717
6/30/2017
Cash Payment
E 101-43100-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17
$120.50
Invoice 070717
6/30/2017
Cash Payment
E 101-41930-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17
$391.01
Invoice 070717
6/30/2017
Cash Payment
E 222-42260-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17
$130.34
Invoice 070717
6/30/2017
Cash Payment
E 101-41910-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17
$65.16
Invoice 070717
6/30/2017
Cash Payment
E 101-42110-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17
$65.16
Invoice 070717
6/30/2017
Transaction Date
7/6/2017 Wells Fargo 10100 Total
$1,482.44
Refer
41 KELLY, KEVIN _
Cash Payment
G 101-21716 Flex Plan Dependents FLEX PLAN DEPENDENT CARE
$192.30
REIMBURSEMENT -K. KELLY
Invoice 070717
7/6/2017
Transaction Date
7/6/2017 Wells Fargo 10100 Total
$192.30
Refer
39 KENNEDYAND GRAVEN _
Cash Payment
E 101-41600-300 Professional Srvs INDIAN KNOLL MANOR SALE LEGAL SVCS
$112.50
MAY 2017
Invoice 137970
6/30/2017
Cash Payment
G 101-23371 TRIDENT HOUSING TIF ES 1861 COMMERCE BLVD- TRIDENT HOUSING
$1,435.50
TIF PLAN LEGAL SVCS MAY 2017
Invoice 137920
6/29/2017
Transaction Date
7/6/2017 Wells Fargo 10100 Total
$1,548.00
Refer
40 MWHS BOYS HOCKEY BOOSTERS
Cash Payment
E 101-41930-210 Operating Supplies 30 BAGS SOFTENER SALT PELLETS - CITY
$202.50
HALL
Invoice 070717
7/6/2017
Cash Payment
E 222-42260-210 Operating Supplies 30 BAGS SOFTENER SALT PELLETS - FIRE
$202.50
DEPT
Invoice 070717
7/6/2017 _1838_
CITY OF MOUND
Payments
Current Period: July 2017
07/06/17 12:04 PM
Page 2
Transaction Date 7/6/2017 Wells Fargo 10100 Total $405.00
Fund Summary
101 GENERAL FUND
222 AREA FIRE SERVICES
601 WATER FUND
602 SEWER FUND
609 MUNICIPAL LIQUOR FUND
10100 Wells Fargo
$2,709.22
$332.84
$120.50
$197.30
$301.48
$3,661.34
Pre -Written Checks $0.00
Checks to be Generated by the Computer $3,661.34
Total $3,661.34
-1839-
CITY OF MOUND
Payments
Current Period: July 2017
07/06/17 10:10 AM
Page 1
Batch Name
071117CITY User Dollar Amt $50,227.89
Payments Computer Dollar Amt $50,227.89
$0.00 In Balance
Refer
1 ABM EQUIPMENTAND SUPPLY, IN _
Cash Payment
E 602-49450-220 Repair/Maint Supply
PUMP& PRESSURE FILTERS- SEWER DEPT
$681.71
Invoice 0152315
6/23/2017
Transaction Date 7/6/2017
Wells Fargo 10100 Total
$681.71
Refer
2 BIFFS, INC PORTABLE RESTROO
_
Cash Payment
E 101-45200-410 Rentals (GENERAL)
PHILBROOK PARK BIFFS RENTAL & SVC 5-
$89.00
24-17 thru 6- 20-17
Invoice W639855
6/21/2017
Cash Payment
E 101-45200-410 Rentals (GENERAL)
CENTERVIEW BEACH BIFFS RENTAL & SVC
$379.00
5-24-17 thru 6- 20-17
Invoice W639852 6/21/2017
Cash Payment
E 101-45200-410 Rentals (GENERAL)
MOUND BAY PARK BIFFS RENTAL & SVC 5-
$382.00
24-17 thru 6- 20-17
Invoice W639853 6/21/2017
Cash Payment
E 101-45200-410 Rentals (GENERAL)
SKATEPARK BIFFS RENTAL & SVC 5- 24-17
$253.00
thru 6- 20-17
Invoice W639854 6/21/2017
Transaction Date 6/6/2017
Wells Fargo 10100 Total
$1,103.00
Refer
3 BRYAN ROCK PRODUCTS, INC.
_
Cash Payment
E 101-45200-232 Landscape Material
CLASS 2 RIP RAP ROCKS 1.62 TON- PARKS
$49.09
Invoice 22286
6/15/2017
Transaction Date 7/6/2017
Wells Fargo 10100 Total
$49.09
Refer
21 CENTURY COLLEGE
Cash Payment
E 222-42260-433 Dues and Subscriptions
FIREFIGHTER CANCER AWARENESS
$500.00
SEMINAR 6-19-17
Invoice 00646095 6/22/2017
Transaction Date 7/6/2017
Wells Fargo 10100 Total
$500.00
Refer
4 FIRE SAFETY USA, INCORPORATE
_
Cash Payment
E 222-42260-409 Other Equipment Repair
CHECK FAULT CODES IN ECM- DIAGNOSTIC
$240.00
FIRE TRUCK SVC
Invoice 101206
5/30/2017
Cash Payment
E 222-42260-409 Other Equipment Repair
TANKER SVC- REPAIR WATER LEAKING
$1,785.56
FROM TANK FILL- REPLACE PIPES &
BUTTERFLY VALVE
Invoice 101203
5/30/2017
Transaction Date
7/6/2017
Wells Fargo 10100 Total
$2,025.56
Refer
5 FIVE TECHNOLOGY
Cash Payment
E 101-41920-440 Other Contractual Servic
MONTHLY MANAGED SVC & NETWORK
$1,290.00
MTCE- JULY 2017
Invoice 10717-23
7/1/2017
Transaction Date
7/6/2017
Wells Fargo 10100 Total
$1,290.00
Refer
20 GALLS, INCORPORATED _
Cash Payment
E 222-42260-210 Operating Supplies
COLLAR BRASS- CAPT CLUTCH, 4 LT BARS
$47.58
SMALL CLUTCH -FIREMEN
Invoice 007664577 6/5/2017
-1840-
CITY OF MOUND 07/06/1710: 10 AM
Page 2
Payments
Current Period: July 2017
Cash Payment E 222-42260-210 Operating Supplies 4 QTY ONE LINE BRASS NAMEPLATES- $45.28
FIREMEN
Invoice 007664577 6/5/2017
Transaction Date 7/6/2017 Wells Fargo 10100 Total $92.86
Refer 6 GRANGER _
Cash Payment E 602-49450-220 Repair/Maint Supply DOOR SWITCH, SCREW TERMINALS- $85.34
SEWER DEPT
Invoice 9478065601 6/20/2017
Transaction Date 7/6/2017
Refer 7 HD SUPPLY WATERWORKS, LTD
Cash Payment E 601-49400-210 Operating Supplies
Invoice H242119 6/19/2017
Cash Payment E 601-49400-210 Operating Supplies
Invoice H414310 6/29/2017
Cash Payment E 601-49400-210 Operating Supplies
Invoice H242119 6/19/2017
Cash Payment E 601-49400-210 Operating Supplies
Invoice H242119 6/19/2017
Wells Fargo 10100 Total
$85.34
WATER METERS- QTY 8 1 1/4" CURB BOX
$1,062.40
SLEEVES & CURB BOX REPAIR TOPS
6/19/2017
8 WATER MTERS- 3/4"
$998.87
WATER METER CLAMPS
$268.84
WATER METER CURB BOXES, STATIONARY
$240.04
RODS
6/19/2017
Cash Payment
E 601-49400-210 Operating Supplies
WATER METER CLAMPS
$124.85
Invoice H242119
6/19/2017
Cash Payment
E 601-49400-210 Operating Supplies
AC WALL CHARGER
$103.80
Invoice H242119
6/19/2017
Transaction Date
7/6/2017
Wells Fargo 10100 Total
$2,798.80
Refer
8 HO VERSTEN, ERIC
_
Cash Payment
E 101-41310-331 Use of personal auto
REIMB MILEAGE- CITY MEETINGS- BOLTON
$58.85
& MENK- CHASKA, HENNEPIN COUNTY
ADMIN- RIDGEDALE- E. HOVERSTEN JUNE
2017
Invoice 071117 6/30/2017
Transaction Date 7/6/2017
Refer 9IVERSON, NOAH
Cash Payment E 101-41500-331 Use of personal auto
Invoice 071117 6/30/2017
Cash Payment E 101-41500-331 Use of personal auto
Wells Fargo 10100 Total $58.85
REIMB MILEAGE- INVESTMENT TRAINING- $33.38
NEW BRIGHTON- N. IVERSON- 6-29-17
REIMB MILEAGE- SOFTWARE TRAINING- $35.10
BURNSVILLE- N. IVERSON, C PAUSCHE, C
ROBERTS- 6-27-17
Invoice 071117 6/30/2017
Transaction Date 7/6/2017 Wells Fargo 10100 Total $68.48
Refer 10 JEFFERSON FIRE AND SAFETY, IN _
Cash Payment E 222-42260-219 Safety supplies FIRE UNIFORMS- 5 SETS- PANTS, TAILS- $10,640.70
TIM PALM, TANNER PALM, B BERENT, D.
BERENT. J. OTTENBREIT
Invoice 237859 5/31/2017
Transaction Date 7/6/2017 Wells Fargo 10100
Refer 11 LANO EQUIPMENT, INCORPORAT _
Cash Payment E 101-45200-220 Repair/Maint Supply HYDRAULIC LINES- BOBCAT T-190
Invoice 03-457721 6/12/2017 -1841-
Total $10,640.70
$158.01
CITY OF MOUND
Payments
Current Period: July 2017
Cash Payment E 101-45200-220 Repair/Maint Supply
Invoice 03-458661 6/15/2017
Transaction Date 7/6/2017
Refer 12 OFFICE DEPOT
Cash Payment E 101-41930-200 Office Supplies
Invoice 938517927001 6/26/2017 PO 24818
Cash Payment E 101-41930-200 Office Supplies
Invoice 938518049001 6/24/2017 PO 24818
Cash Payment E 101-41930-200 Office Supplies
Invoice 938518050001 6/26/2017 PO 24818
Cash Payment E 101-41930-200 Office Supplies
Invoice 938506880001 6/26/2017 PO 24818
CREDIT RETURN HYDRAULIC LINES -
BOBCAT T-190
Wells Fargo 10100 Total
COLORED COPY PAPER, EXPANDING
POCKET LEGAL FILES, RUBBERBANDS,
BINDER CLIPS -CITY HALL
COMP BOOK
BINDER CLIPS- SMALL- CITY HALL
ADDRESS LABELS, COPY PAPER- CITY HALL
07/06/17 10:10 AM
Page 3
-$87.90
$70.11
$39.59
$12.38
$1.00
$142.23
Transaction Date 7/6/2017
Wells Fargo 10100 Total
$195.20
Refer_ ,.
13 POTTS, KENNETH N. P.A.
_
q
Cash Payment
E 101-41600-304 Legal Fees
2ND QTR 2017 PROSECUTION SVCS
$12,500.00
Invoice 0711117
6/30/2017
Transaction Date 7/6/2017
Wells Fargo 10100 Total
$12,500.00
Refer
14 PROPET DISTRIBUTORS, INC.
_
Cash Payment
E 101-45200-210 Operating Supplies
DOGIPOT SMART LITTER PICK UP BAGS-
$172.90
PARKS
Invoice 118124
6/20/2017
Transaction Date
7/6/2017
Wells Fargo 10100 Total
$172.90
Refer
16 REPUBLIC SERVICES
Cash Payment
E 602-49450-384 Refuse/Garbage Dispose JULY 2017 GARBAGE SVC- PUB WKS
$136.95
Invoice 0894-004389122 6/25/2017
Project 17-3
Cash Payment
E 670-49500-440 Other Contractual Servic
JUNE 2017 CITYWIDE RECYCLING SVC
$14,494.95
Invoice 0894-004386799
6/25/2017
Transaction Date
7/6/2017
Wells Fargo 10100 Total
$14,631.90
Refer
19 RIDGEVIEW MEDICAL, WACON/A
_
Cash Payment
E 222-42260-434 Conference & Training
AMBULANCE STANDBY- LIVE BURN 6-24-17
$278.00
Invoice 071117
6/27/2017
Transaction Date
7/6/2017
Wells Fargo 10100 Total
$278.00
Refer
22 S2 SERVICES, INC.
_
Cash Payment
E 222-42260-460 Janitorial Services
EVERGLAZE MTCE SVC TO FIRE FIGHTERS
$1,725.00
KITCHEN
Invoice 0167
6/19/2017
Transaction Date
7/6/2017
Wells Fargo 10100 Total
$1,725.00
Refer
15 SPORTACULAR, INC.
_
Cash Payment
E 101-45200-218 Clothing and Uniforms
47 SCREENPRINT CITY OF MOUND LOGO
$188.00
ON T SHIRTS & SAFETY VESTS- PARKS
STAFF
Invoice 7623
6/19/2017
Transaction Date
7/6/2017
Wells Fargo 10100 Total
$188.00
Refer
17 WASTE MANAGEMENT OF WI -MND
-1842-
11 * \. C
Payments
Current Period: July 2017
07/06/17 10:10 AM
Page 4
Cash Payment E 101-41930-384 Refuse/Garbage Disposa GARBAGE SERVICE AJULY 2017- CITY HALL
$72.05
& FIRE DEPT
Invoice 7040058-1593-8 6/28/2017
Cash Payment E 222-42260-384 Refuse/Garbage Dispose GARBAGE SERVICE JULY 2017- CITY HALL
$72.05
& FIRE DEPT
Invoice 7040058-1593-8 6/28/2017
Cash Payment E 101-45200-384 Refuse/Garbage Dispose GARBAGE SERVICE JULY 2017- PARKS
$598.03
Invoice 7040059-1593-6 6/28/2017
Cash Payment E 602-49450-384 Refuse/Garbage Dispose GARBAGE SERVICE JULY 2017- PUB WKS
$75.34
BLDG
Invoice 7040060-1593-4 6/28/2017
Project 17-3
Transaction Date 7/6/2017
Wells Fargo 10100 Total
$817.47
Refer 18 XCEL ENERGY
_
Cash Payment E 101-43100-381 Electric Utilities
SHORELINE -COMMERCE STREET LIGHTS 5-
$43.08
24-17 THRU 6-25-17
Invoice 551683972 6/26/2017
Cash Payment E 602-49450-381 Electric Utilities
ELECTRIC SVC 5-24-17 THRU 6-24-17
$84.04
CARLOW RD LIFT STATION
Invoice 551574344 6/2612017
Cash Payment E 602-49450-381 Electric Utilities
ELECTRIC SVC 5-22-17 THRU 6-21-17 -
$86.57
LYNWOOD BLVD -02 LIFT STATION
Invoice 552118271 6/29/2017
Cash Payment E 101-42115-381 Electric Utilities
ELECTRIC SVC -CIVIL SIRENS- 5-26-17 THRU
$41.23
6-20-17
Invoice 552118271 6/29/2017
Transaction Date 7/6/2017
Wells Fargo 10100 Total
$254.92
Fund Summary
10100 Wells Fargo
101 GENERAL FUND
$16,450.02
222 AREA FIRE SERVICES
$15,334.17
601 WATER FUND
$2,798.80
602 SEWER FUND
$1,149.95
670 RECYCLING FUND
$14,494.95
$50,227.89
Pre -Written Checks $0.00
Checks to be Generated by the Computer $50,227.89
Total $50,227.89
-1843-
CITY OF MOUND
Payments
Current Period: July 2017
07/06/17 11:32 AM
Page 1
Batch Name 071117HWS User Dollar Amt $88,983.34
BEER
Payments Computer Dollar Amt $88,983.34
Invoice 3187770 6/22/2017
$0.00 In Balance
Refer _ 1 AM CRAFT SPIRITS, INC.
BEER
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX
$517.33
Invoice 8040 6/28/2017
Transaction Date 7/6/2017 Wells Fargo 10100 Total
$517.33
Refer 2 ARCTIC GLACIER PREMIUM ICE _
Invoice 3190281 7/3/2017
Cash Payment E 609-49750-255 Misc Merchandise For R ICE
$143.99
Invoice 1911718204 7/1/2017
BEER CREDIT
Cash Payment E 609-49750-255 Misc Merchandise For R ICE
$76.90
Invoice 1935717806 6/27/2017
Cash Payment E 609-49750-255 Misc Merchandise For R ICE
$155.56
Invoice 1928717506 6/24/2017
Refer 36 BELLBOY CORPORATION
Cash Payment E 609-49750-255 Misc Merchandise For R ICE
$393.68
Invoice 1971718409 7/3/2017
_
LIQUOR
Cash Payment E 609-49750-255 Misc Merchandise For R ICE
$118.99
Invoice 1911718507 7/4/2017
Transaction Date 7/6/2017 Due 12/31/2014 Wells Fargo 10100 Total
$889.12
Refer 3 ARTISAN BEER COMPANY
Cash Payment E 609-49750-252 Beer For Resale
BEER
$560.7(
Invoice 3187770 6/22/2017
Cash Payment E 609-49750-252 Beer For Resale
BEER
$437.7C
Invoice 3189581 6/29/2017
Cash Payment E 609-49750-252 Beer For Resale
BEER
$851.4C
Invoice 3190281 7/3/2017
Cash Payment E 609-49750-252 Beer For Resale
BEER CREDIT
-$28,70
Invoice 389148 6/26/2017
Transaction Date 7/6/2017
Wells Fargo 10100 Total
$1,821.10
Refer 36 BELLBOY CORPORATION
Cash Payment E 609-49750-251 Liquor For Resale
_
LIQUOR
$2,813.43
Invoice 59602200 7/5/2017
Cash Payment E 609-49750-265 Freight
FREIGHT
$26.35
Invoice 59602200 7/5/2017
Transaction Date 7/6/2017
Wells Fargo 10100 Total
$2,839.78
Refer 4 BELLBOY CORPORATION
Cash Payment E 609-49750-210 Operating Supplies
_
SUPPLIES, BAGS
$120.15
Invoice 96024100 6/26/2017
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa
MIX
$200.50
Invoice 95999900 6/21/2017
Cash Payment E 609-49750-255 Misc Merchandise For R
MDSE- SIP & STIR STRAWS, SWORD PICKS,
$115.40
5 OZ 2 PC WINE
Invoice 96024100 6/26/2017
Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, BAGS $132.20
Invoice 96074400 7/5/2017
Transaction Date 7/6/2017 Wells Fargo 10100 Total $568.25
Refer 5 BELLBOY CORPORATION
- -1844-
CITY OF MOUND 07/06/1711:32 AM
Page 3
Payments
Current Period: July 2017
Cash Payment E 609-49750-252 Beer For Resale
BEER CREDIT
-$125.00
Invoice 362-152 6/22/2017
Cash Payment E 609-49750-252 Beer For Resale
BEER
$620.45
Invoice 1940487 6/29/2017
Transaction Date 7/6/2017
Wells Fargo
10100 Total
$10,351.31
Refer 10 CLEAR RIVER BEVERAGE CO.
_
Cash Payment E 609-49750-252 Beer For Resale
BEER
$357.00
Invoice 67-2088 6/22/2017
Transaction Date 7/6/2017
Wells Fargo
10100 Total
$357.00
Refer 11 COCA COLA BOTTLING -MIDWEST
Cash Payment E 609-49750-254 Soft Drinks/Mix For Rasa COCA COLA PRODUCTS- MIX
$498.92
Invoice 3601203936 6/27/2017
Transaction Date 7/6/2017
Wells Fargo
10100 Total
$498.92
Refer 12 DAHLHEIMER BEVERAGE LLC
Cash Payment E 609-49750-252 Beer For Resale
BEER
$1,462.50
Invoice 1287977 6/27/2017
Cash Payment E 609-49750-252 Beer For Resale
BEER
$252.00
Invoice 1287920 6/22/2017
Cash Payment E 60949750-252 Beer For Resale
BEER
$252.00
Invoice 1287876 6/22/2017
Transaction Date 7/6/2017
Wells Fargo
10100 Total
$1,966.50
Refer 13 ENKI BREWING COMPANY
_
Cash Payment E 609-49750-252 Beer For Resale
BEER
$65.00
Invoice 7362 6/23/2017
Cash Payment E 609-49750-252 Beer For Resale
BEER
$359.76
Invoice 7366 6/26/2017
Transaction Date 7/6/2017
Wells Fargo
10100 Total
$424.76
Refer 15 GRAPE BEGINNINGS, INCORPORA
_
Cash Payment E 609-49750-253 Wine For Resale
WINE
$116.00
Invoice 23169 6/22/2017
Cash Payment E 60949750-265 Freight
FREIGHT
$6.75
Invoice 23169 6/22/2017
Cash Payment E 609-49750-251 Liquor For Resale
LIQUOR
$114.00
Invoice 23169 6/22/2017
Transaction Date 7/6/2017
Wells Fargo
10100 Total
$236.75
Refer 14 GRAPE BEGINNINGS, INCORPORA
_
Cash Payment E 609-49750-253 Wine For Resale
WINE
$540.00
Invoice 23448 6/28/2017
Cash Payment E 609-49750-265 Freight
FREIGHT
$9.00
Invoice 23448 6/28/2017
Transaction Date 7/6/2017
Wells Fargo
10100 Total
$549.00
Refer 16 GROWLER MAGAZINE
Cash Payment E 50949750-340 Advertising
1/4 PAGE AD -HWS-
JULY 2017 ISSUE
$512.00
Invoice 2690 7/1/2017
Transaction Date 7/6/2017
Wells Fargo
10100 Total
$512.00
Refer 17 HOHENSTEINS, INCORPORATED
-1845-
CITY OF MOUND
Payments
Current Period: July 2017
07/06/17 11:32 AM
Page 4
Cash Payment
E 609-49750-252 Beer For Resale
BEER
$1,911.00
Invoice 901951
6/22/2017
Transaction Date 7/6/2017
Wells Fargo
Cash Payment
E 609-49750-252 Beer For Resale
BEER
$792.00
Invoice 903404
6/29/2017
Invoice 2709881
7/5/2017
Transaction Date
7/6/2017
Wells Fargo 10100
Total $2,703.00
Refer
19 JJ TAYLOR. DISTRIBUTING MINN
_
E 609-49750-252 Beer For Resale
Cash Payment
E 609-49750-252 Beer For Resale
BEER
$75.80
Invoice 2709829 6/28/2017
Cash Payment E 609-49750-254 Soft Drinks/Mix For Rasa MIX
Invoice 2709814 6/23/2017
Cash Payment
E 609-49750-252 Beer For Resale
BEER
Invoice 2676448
6/28/2017
Transaction Date 7/6/2017
Wells Fargo
_Refer
18JJ TAYLOR, DISTRIBUTING MINN
_
Cash Payment
E 609-49750-252 Beer For Resale
BEER
Invoice 2709881
7/5/2017
Cash Payment
E 609-49750-254 Soft Drinks/Mix For Rasa MIX
Invoice 2709881
7/5/2017
Cash Payment
E 609-49750-252 Beer For Resale
BEER
Invoice 2709882 7/5/2017
Cash Payment
E 609-49750-252 Beer For Resale
BEER
Invoice 2709862 6/30/2017
Transaction Date 7/6/2017
Wells Fargo
Refer
20 JOHNSON BROTHERS LIQUOR
_
Cash Payment
E 609-49750-252 Beer For Resale
BEER CREDIT
Invoice 630528
6/13/2017
Cash Payment
E 609-49750-252 Beer For Resale
BEER CREDIT
Invoice 630526
6/13/2017
Cash Payment
E 609-49750-251 Liquor For Resale
LIQUOR CREDIT
Invoice 631008
6/15/2017
Cash Payment
E 609-49750-253 Wine For Resale
WINE CREDIT
Invoice 630527
6/13/2017
Cash Payment
E 609-49750-251 Liquor For Resale
LIQUOR CREDIT
Invoice 631007
6/15/2017
Transaction Date
7/6/2017
Wells Fargo
Refer
21 JOHNSON BROTHERS LIQUOR
_
Cash Payment
E 60949750-251 Liquor For Resale
LIQUOR
Invoice 5760535
6/28/2017
Cash Payment
E 609-49750-253 Wine For Resale
WINE
Invoice 5760536
6/28/2017
Cash Payment
E 609-49750-251 Liquor For Resale
LIQUOR
Invoice 5756118
6/22/2017
Transaction Date
7/6/2017
Wells Fargo
Refer
22 MILLNER HERITAGE VINEYARD &
_
Cash Payment
E 609-49750-253 Wine For Resale
WINE
Invoice 262617-1 6/26/2017
10100
10100
$150.00
$7,347.03
Total $7,572.83
$60.00
$201.90
$6,616.07
$125.00
Total $7,002.97
-$24.00
-$2.50
-$26.50
-$9.71
-$13.83
10100 Total -$76.54
$8,018.53
$4,749.90
$1,309.00
10100 Total $14,077.43
$141.00
Transaction Date 7/6/2017 Wells Fargo 10100 Total $141.00
_. -1846-----
CITY OF MOUND 07/06/1711:32 AM
Page 5
Payments
Current Period: July 2017
Refer
23 MINNEHAHA BUILDING MAINTENA
_
$420.00
Cash Payment
E 609-49750-440 Other Contractual Servic
WASH WINDOWS INSIDE & OUT 5-29-17
$65.19
Invoice 928073710
6/18/2017
$8,75
Transaction Date
7/6/2017
Wells Fargo 10100 Total
$65.19
Refer
24 MOUND, CITY OF
_
$168.00
Cash Payment
E 609-49750-382 Water Utilities
WATER SERVICE 4-28-17 THRU 6-1-17 HWS
$61.80
Invoice 071117
6/20/2017
$2.25
Transaction Date
7/6/2017
Wells Fargo 10100 Total
$61.80
Refer 25 MUZAK -MINNEAPOLIS
Cash Payment E 609-49750-440 Other Contractual Servic 3RD QTR 2017 MUSIC SERVICE- HWS
Invoice 53314819 7/1/2017
Transaction Date 7/6/2017 Wells Fargo 10100
Refer 26 PARLEY LAKE WINERY
Cash Payment E 609-49750-253 Wine For Resale
Invoice 17139 6/25/2017
Transaction Date 7/6/2017
Refer 28 PAUSTIS AND SONS WINE COMPA
WINE
Wells Fargo 10100
$400.94
Total $400.94
$163.50
Total $163.50
Cash Payment E 609-49750-253 Wine For Resale
WINE
$420.00
Invoice 8594593 6/26/2017
Cash Payment E 609-49750-265 Freight
FREIGHT
$8,75
Invoice 8594593 6/26/2017
Cash Payment E 609-49750-251 Liquor For Resale
LIQUOR
$168.00
Invoice 8594596 6/26/2017
Cash Payment E 609-49750-265 Freight
FREIGHT
$2.25
Invoice 8594596 6/26/2017
Transaction Date 7/6/2017
Wells Fargo
10100 Total
$599.00
Refer 27 PAUSTIS AND SONS WINE COMPA
_
Cash Payment E 609-49750-253 Wine For Resale
WINE
$1,372.00
Invoice 8595386 7/3/2017
Cash Payment E 609-49750-265 Freight
FREIGHT
$17.50
Invoice 8595386 7/3/2017
Transaction Date 7/6/2017
Wells Fargo
10100 Total
$1,389.50
Refer 29 PHILLIPS WINE AND SPIRITS, INC
_
Cash Payment E 609-49750-251 Liquor For Resale
LIQUOR
$521.50
Invoice 2189836 6/28/2017
Cash Payment E 609-49750-253 Wine For Resale
WINE
$1,518.50
Invoice 2189837 6/28/2017
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX
$72.00
Invoice 2189838 6/28/2017
Cash Payment E 609-49750-253 Wine For Resale
WINE CREDIT
-$128.00
Invoice 267159 6/15/2017
Transaction Date 7/6/2017
Wells Fargo
10100 Total
$1,984.00
Refer 30 RED BULL DISTRIBUTION CO. INC
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX
$108.00
Invoice K-25910320 7/3/2017
Transaction Date 7/6/2017
Wells Farao
10100 Total
$108.00
-1847-
n-
e 11:•k,C
Payments
Current Period: July 2017
07/06/17 11:32 AM
Page 6
31 SOUTHERN WINE & SPIRITS OF M _
_Refer
Cash Payment E 609-49750-253 Wine For Resale
WINE
$2,979.56
Invoice 1561722 6/29/2017
Cash Payment E 609-49750-251 Liquor For Resale
LIQUOR
$3,825.55
Invoice 1561724 6/29/2017
Cash Payment E 609-49750-253 Wine For Resale
WINE CREDIT
-$363.75
Invoice 9107019 6/23/2017
Cash Payment E 609-49750-251 Liquor For Resale
LIQUOR
$80.00
Invoice 1561723 6/29/2017
Transaction Date 7/6/2017
Wells Fargo 10100
Total
$6,521.36
Refer 32 ST JOHN S CHURCH
Cash Payment E 609-49750-340 Advertising
ADVERTISING IN THE REED NEWSLETTER
$200.00
JUNE 2017 THRU MAY 2018
Invoice 176 5/3/2017
Transaction Date 7/6/2017
Wells Fargo 10100
Total
$200.00
Refer 33 VINOCOPIA, INCORPORATED
_
Cash Payment E 609-49750-251 Liquor For Resale
LIQUOR
$226.00
Invoice 0182949 6/23/2017
Cash Payment E 609-49750-265 Freight
FREIGHT
$5.00
Invoice 0182949 6/23/2017
Cash Payment E 609-49750-253 Wine For Resale
WINE
$88.00
Invoice 0182951 6/23/2017
Cash Payment E 609-49750-265 Freight
FREIGHT
$2.50
Invoice 0182951 6/23/2017
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa SODA
$40.00
Invoice 0182950 6/23/2017
Cash Payment E 609-49750-265 Freight
FREIGHT
$2.50
Invoice 0182950 6/23/2017
Cash Payment E 609-49750-253 Wine For Resale
WINE
$584.00
Invoice 0182953 6/23/2017
Cash Payment E 609-49750-251 Liquor For Resale
LIQUOR
$584.00
Invoice 0182952 6/23/2017
Cash Payment E 609-49750-265 Freight
FREIGHT
$7.50
Invoice 0182952 6/23/2017
Transaction Date 7/6/2017
Wells Fargo 10100
Total
$1,539.50
Refer 34 WINE COMPANY
Cash Payment E 60949750-253 Wine For Resale
WINE
$928.00
Invoice 41225 6/29/2017
Cash Payment E 60949750-265 Freight
FREIGHT
$18.15
Invoice 41225 6/29/2017
Cash Payment E 60949750-253 Wine For Resale
WINE
$196.00
Invoice 40562 6/22/2017
Cash Payment E 609-49750-265 Freight
FREIGHT
$4.20
Invoice 40562 6/22/2017
Transaction Date 7/6/2017
Wells Fargo 10100
Total
$1,146.35
Refer 35 WINE MERCHANTS _
Cash Payment E 60949750-254 Soft Drinks/Mix For Resa MIX -SODA
Invoice 7138836 6/28/2017
$39.50
Transaction Date 7/6/2017
Fund Summary
609 MUNICIPAL LIQUOR FUND
CITY OF MOUND
Payments
Current Period: July 2017
Wells Fargo 10100
10100 Wells Fargo
$88,983.34
$88,983.34
Pre -Written Checks $0.00
Checks to be Generated by the Computer $88,983.34
Total $88,983.34
07/06/17 11:32 AM
Page 7
Total $39.50
MOUND CITY COUNCIL MINUTES
June 27, 2017
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, June 27, 2017, at 7:00 p.m. in the Council Chambers of the Centennial Building.
Members present: Mayor Mark Wegscheid, Council Members Ray Salazar, Jeff Bergquist, Kelli
Gillispie, and Jennifer Peterson
Members absent: none
Others present: City Manager and Director of Public Works Eric Hoversten, Community
Development Director Sarah Smith, Administrative Assistant Mary Mackres, Assistant City
Engineer Brian Simmons of Bolton & Menk, Consultant Planner Rita Trapp, Director of Finance
and Administrative Services Catherine Pausche, Roger Fink, Rita Hughes, Terry Hughes, Dan
Anderson, Fritz Gullickson, Louis Colson, Tom Pfeiffer, and Steve McDonald.
Consent agenda: All items listed under the Consent Agenda are considered to be routine in
nature by the Council. There will be no separate discussion on these items unless a Council
Member or citizen so requests, in which event it will be removed from the Consent Agenda and
considered in normal sequence.
1. Open meeting
Mayor Wegscheid called the meeting to order at 7:00 p.m.
2. Pledge of Allegiance
3. Approve agenda
Hoversten noted that Item 41 actually starts on page 1709, not 1708, and, staff is adding
Item 4J, page 1710a -1710c, as a consent item for approval of a musical concert permit for
private event at 3038 Brighton Commons.
MOTION by Salazar, seconded by Peterson, to approve the agenda as amended. All voted
in favor. Motion carried.
4. Consent agenda
MOTION by Salazar, seconded by Gillispie, to approve the consent agenda.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve payment of claims in the amount of $1,296,933.51
B. Approve Minutes: 06-13-17 Regular Meeting
C. RESOLUTION NO. 17-82: RESOLUTION AUTHORIZING THE EXECUTION OF A
JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF MOUND AND
HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FISCAL YEARS 2018-
2020
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Mound City Council Minutes — June 27, 2017
D. Approve Pay Request No. 14 from Geislinger & Sons, Inc. in the amount of $235,465.41
for the 2015 Street, Utility and Retaining Wall Improvements - Grandview Boulevard and
Tuxedo Boulevard, City Project Nos. PW -15-02 and PW -15-01
E. RESOLUTION NO. 17-83: RESOLUTION ACCEPTING BID FOR THE 2017 LIFT
STATION AND FORCEMAIN IMPROVEMENT PROJECT (PW -17-05), LS C5,
COMMERCE BLVD.
F. Approve the following project related pay requests:
1. Norlings Lake Minnetonka Landscapes, Inc. totaling $6,175.25 for the 2016
Street Improvement Project, Bartlett Blvd, City Project No. PW -16-01
2. American Engineering Testing, Inc. totaling $5,830.00 for the 2017 Lift
Station/Forcemain Improvement Project, City Project No. PW -17-05
G. RESOLUTION NO. 17-84: RESOLUTION APPROVING THE DECLARATION
AMENDMENT BETWEEN IKM LIMITED PARTNERSHIP, LLC AND MINNEHAHA
CREEK WATERSHED DISTRICT
H. RESOLUTION NO. 17-85: RESOLUTION APPROVING MUSICAL CONCERT
PERMIT APPLICATION FOR PRIVATE EVENT ON JUNE 28, 2017 AT MOUNT OLIVE
LUTHERAN CHURCH
I. RESOLUTION NO. 17-86: RESOLUTION DELEGATING MINNESOTA WETLAND
CONSERVATION ACT (WCA) LGU AUTHORITY TO THE CITY OF MINNETRISTA
FOR METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) L-38
FORCEMAIN INTERCEPTOR PROJECT NO. 7021
J. (Added) RESOLUTION NO. 17-93: RESOLUTION APPROVING MUSICAL
CONCERT PERMIT APPLLICATION FOR PRIVATE EVENT ON JULY 9, 2017 AT
3038 BRIGHTON COMMONS
5. Comments and suggestions from citizens present on any item not on the agenda.
None offered
6. Brian Simmons Bolton & Menk Inc presenting Feasibility Report and requesting
action on the following:
A. Resolution Receiving Feasibility Report and Calling for Hearing on the 2018
Street, Utility and Retaining Wall Improvement Project - Westedge Boulevard, City
Project No. PW -18-01
Brian Simmons presented feasibility study, including maps showing all project areas
within the City that have already been completed. Simmons said Met Council is working
on a project that will close County Road 44/Westedge Blvd and Bolton & Menk/City of
Mound will be doing the City's project in conjunction with Met Council, who will be the
administering agent for the bid and construction oversight. Simmons said the project is
expected to last two years.
Simmons says that the City is reconstructing the roadway in its existing footprint, not
changing any widths and replacing curb only where needed, with watermain
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Mound City Council Minutes — June 27, 2017
improvements done throughout. Simmons said some upgrades to larger pipes will take
place and noted that the City will save some money since Met Council will already have
the street dug up.
Simmons said the storm sewer project will replace catch basins and noted a trail will be
added in accordance with the Comprehensive Plan that called for an 8 -ft bituminous trail
with a 4 -ft boulevard. Simmons said the City will follow the Met Council's path of
construction along the south side of Westedge.
Simmons presented the financials for the project stating the total City project cost is
$2.188 million, not including $899K of City improvements paid for by the MCES.
Simmons noted special assessments for abutting properties will be capped at $6,600 per
equivalent residential unit. Simmons noted Westedge is in bad condition and that the
City needs to coordinate with the MCES project because the county would not allow digs
under their new projects for about seven years.
Peterson asked what portion of the project has already been budgeted. Hoversten said
the re -pavement was already budgeted, but the water main project was not and that City
plans to replace water line on Commerce Blvd from Grandview to Three Points in 2019
may be pushed back, although he noted the cast iron pipe has some vulnerability.
Simmons said that the condition of Westedge is very poor from localized heavy truck
traffic so this portion will be built thicker so that it will be protected in the future.
Peterson asked where trucks will go during this 2 -yr construction period and how can the
City protect the roads that have already been worked on. Hoversten said that Halstead
will be the local traffic detour for Westedge. Hoversten plans to work with the City of
Minnetrista and Hennepin County to post Westedge as a 4 -ton road throughout the
duration the project, which would keep the heavier trucks off the road. Hoversten said
the project will start in spring of 2018 with "construction forthcoming" signs put up this
fall.
Simmons says there will be a big communications campaign with the Met Council,
including an open house on July 17th in the Mound council chambers, and noted the
City is starting to get information out about the impacts of the project.
Simmons presented the timeline for the project, including bids opening in November with
construction to begin in April. Peterson asked who has been meeting with the Met
Council on behalf of the City. Simmons says regular discussions with Met Council are
ongoing with the team of Bolton & Menk and the City Staff.
Peterson said she doesn't think Met Council is contributing enough. Hoversten says the
whole project is 2 -years, but the Westedge/Mound section should be one year.
Simmons said the Met Council is contributing about $900,000 for Mound projects.
Gillispie asked if the representative from the Met Council who represents Mound has
been involved in any portion of this project planning. Hoversten said no.
Bergquist asked what the tonnage rating for Westedge will be when the project is
completed. Simmons said that it will be a 9 -ton road.
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7.
Mound City Council Minutes — June 27, 2017
MOTION by Salazar, seconded by Bergquist, to approve resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 17-87: RESOLUTION RECEIVING FEASIBILITY REPORT AND
CALLING FOR HEARING ON THE 2018 STREET, UTILITY, AND RETAINING WALL
IMPROVEMENT PROJECT - WESTEDGE BOULEVARD, CITY PROJECT NO. PW -18-
01
Steve McDonald, Managing Partner of Abdo, Eick & Meyers, presented the 2016 audit
report and management letter. McDonald said the firm gave the City a Modified Opinion
because the City has chosen not to implement a couple of Governmental Accounting
Standards regarding pensions and other post employment benefits due to the additional
costs not justifying the value of the information. McDonald said that decision has no affect
on decisions made on financial statements and is acceptable to state auditor. McDonald
also noted one finding which is technical in nature, that requires advanced encumbered
Municipal State Aid funds be deferred and recognized in the actual grant year. McDonald
noted this has no impact on the performance of the Finance Department.
McDonald walked through the information in the Management Report beginning with the
General Fund noting the positive increase in fund balance over the past 5 years to 57% of
2017 budgeted expenditures. McDonald noted the favorable variance to budget for 2016 of
$347K, mainly due to license and permit revenue being better than expected.
McDonald then walked through the Special Revenue and Capital Project funds, noting the
increase in fund balance is unspent bond proceeds. He noted the Debt Service Funds have
$33M in bonds outstanding and that there was positive cash flow in all the debt funds.
McDonald noted the city is highly leveraged, and that long range planning is critical to
ensure financial viability.
McDonald then covered the Enterprise Funds, noting the municipal liquor fund had an
increase in revenue but slight declines in gross profit and operating income percentages,
something to watch. McDonald noted the public housing sale in 2016 will make that fund go
away and that the recycling fund has small activity and positive receipts.
McDonald said each of the utility funds, water, sewer and storm water all had operating
receipts that exceeded operating expenses and debt service. All had increases in fund
balance mainly due to unspent bond proceeds. McDonald noted the outstanding bonds of
$19M, $10M and $5M in water, sewer and storm water, respectively.
McDonald noted the ratio analysis that compares Mound to other cities of similar size (2,500
- 10,000) noting Mound's debt to assets leverage and debt per capita is higher, but current
expenditure per capita is lower.
Mayor Wegscheid made a motion to direct staff to receive the report. Second by Salazar.
All voted in favor. Motion carried.
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Mound City Council Minutes — June 27, 2017
8. Review/discussion of Serenity Hill on Halsted Bay Proiect
6639 Bartlett Boulevard
Applicant: Dan Anderson
Requested Actions
Sarah Smith presented two actions to consider: 1) final plat for Serenity Hill on Halstead Bay
and, 2) the development agreement that will guide and regulate the project. Applicant is Dan
Anderson.
Smith said the project will provide 70 condominium units for 60+ seniors and that three quarters
of the project is on the City of Minnetrista side, with one 10 -unit condo building and a beach
building in Mound. Smith said the Project has been reviewed and approved by the Cities of
Mound and Minnetrista and that planning has been going on for about one and one-half years.
Smith says the activities that the City and the development team have been working on are
related conditions that were put on the preliminary plat and related land use approvals. Staff
has also been working on agency related matters and noted the project has received conditional
approval for storm water and erosion control from the Minnehaha Creek Watershed District
(MCWD) subject to conditions. Staff has also received preliminary review on the final
construction plans from Hennepin County with one outstanding item having to do with the paved
shoulder on north side. Smith says the Mound piece of property has been formerly closed on
and purchased by the development company.
Staff and the development team recommend approval of the resolutions presented tonight.
A. Action on Resolution Approving Final Plat for Serenity Hill on Halsted Bay
MOTION by Salazar, seconded by Gillispie, approving resolution. All voted in favor. Motion
carried.
RESOLUTION NO. 17-88: RESOLUTION APPROVING MAJOR SUBDIVISION -FINAL
PLAT FOR SERENITY HILL ON HALSTED BAY
B. Action on Resolution Approving Planned Area Development Agreement for
Serenity Hill on Halsted Bay
MOTION by Salazar, seconded by Bergquist, approving resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 17-89: RESOLUTION APPROVING PLANNED AREA
DEVELOPMENT AGREEMENT FOR SERENITY HILL ON HALSTED BAY
Dan Anderson thanked all for their effort and time put into the project. Anderson says
groundbreaking will be in September. Anderson will send out communication pamphlets to all
the neighbors. Anderson and his team are coming up with strategies to get a committee
together to tie Serenity in so it is seamless. Anderson says this project has been getting an
amazing amount of press as it was a huge risk due to city lines crossing. Anderson will be
reaching out to downtown Mound businesses to bring them in and seeing what services they
could provide to the site. This is an opportunity to display to the region as a model to look at.
Mound City Council Minutes — June 27, 2017
Anderson is figuring out how to capitalize on this. Anderson will start that process around the
first of 2018.
9. Review/discussion of Dutch Lake Preserve Project
1861 Commerce Boulevard
Requested Actions:
A. Action on Resolution Rescinding Resolution No,. 95-98 for variance that allowed
construction of a screened porch at 1861 Commerce Boulevard dated September 28,
1995 and recorded as Document No. 6482484 Variance Approved by Resolution No. 95-
98 at 1861 Commerce Boulevard
Rita Trapp presented resolutions pertaining to Dutch Lake Preserve project, noting that in July
of 2016, the City Council approved the major subdivision and preliminary plat submitted by
Trident Development for a 72 -unit senior, assisted living/memory care rental housing project
and now the final plat has been submitted. Trapp said all issues have been resolved to Staffs
satisfaction and that the final plat is consistent with what was previously approved, with no
changes to the original proposal.
Trapp said she anticipates future sanitary sewer improvements and that an existing variance
needs to be terminated as it goes with property as well as a restrictive covenant that existed
before restricting grading and building. Trapp says the new plat establishes an out -lot in that
area, so no need for the covenant. Trapp says the development agreement is still being worked
on.
Roger Fink, Trident Development in St. Cloud, thanked staff for their support. Fink stated that
there is a high likelihood that the monument sign would be affected by the lift station and notes
that a variance may be needed due to this. Fink said he was prepared to talk about exterior
materials in detail, however, nothing had really changed from the preliminary plans and Council
was satisfied with the brief overview.
Fink reviewed the project timeline, noting demo has been done and hazardous materials have
been removed and construction financing is in negotiation now. An appraisal has been ordered
and Trident will close shortly after that. Fink says Trident is still waiting for the plan review and
building review from MNSpect, but the permit should be ready in time for an August 1st closing
with construction start soon after. Fink says the construction period should last 12 months.
Hoversten says that Mr. Fink and his team have been very accommodating and cordial to work
with and noted the proposed lift station that sits on the east side of County Road 110 in front of
Huber Funeral Home would be beneficial to get that out of the county right-of-way from a City
maintenance perspective. Hoversten agrees with Mr. Fink in saying the monument sign for the
development will be pushed closer to the road, which would also provide some screening for the
City's utility and give Trident's advertising monument sign a more prominent position.
Hoversten thanked Mr, Fink and his team for working closely with the City.
MOTION by Salazar, seconded by Gillispie, approving resolution. All voted in favor. Motion
carried.
RESOLUTION NO. 17-90: RESOLUTION RESCINDING RESOLUTION 95-98 FOR
VARIANCE THAT ALLOWED CONSTRUCTION OF A SCREENED PORCH AT 1861
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10
Mound City Council Minutes — June 27, 2017
COMMERCE BOULEVARD DATED SEPTEMBER 28, 1995 AND RECORDED AS
DOCUMENT NO. 6482484
B. Action on Resolution Terminating Declaration of Restrictive Covenants dated
January 29, 1990 and recorded as Document No. 5622339
MOTION by Salazar, seconded by Gillispie, approving resolution. All voted in favor. Motion
carried.
RESOLUTION NO. 17-91: RESOLUTION TERMINATING DECLARATION OF
RESTRICTIVE COVENANT DATED JANUARY 29, 1990 AND RECORDED AS
DOCUMENT NO. 5622339
C. Action on Resolution Approving Final Plat for Dutch Lake Preserve
MOTION by Salazar, seconded by Bergquist, approving resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 17-92: RESOLUTION APROVING THE MAJOR SUBDIVISION -FINAL
PLAT OF DUTCH LAKE PRESERVE
Louis Colson and Wayne Ehlebracht (owner)
Rita Trapp, Consultant Planner presented a sketch plan review for the property at 4873
Shoreline Drive. She said that staff recommends sketch plan reviews as it provides the
opportunity for the applicant to hear the Council's thoughts. Tripp added the site is located on
Shoreline Drive and is currently guided as medium residential and is zoned R2 with the lot being
.81 acre in size.
Tripp said there is currently a single family home on the site which will be removed. Tripp stated
the applicant has presented two concepts; one would have five single-family lots; and the other
concept would have one single-family lot and two twin -homes. She added that at the June 6,
2017, Planning Commission meeting, all Commissioners were in favor of the single-family
concept and the overall density is the same for both with Commissioners being open to either
option.
Trapp says the single-family home option will entail a comprehensive plan amendment and will
likely need variances and the twin -homes would require a variance for lot size and a Conditional
Use Permit.
Trapp says the community is interested in single-family housing, as is the applicant and staff is
interested in diversifying the housing stock. Trapp says this is just a discussion with no formal
action needed at this time.
Mayor Wegscheid said he doesn't see too much passion either way with the Planning
Commission or the neighborhood. Wegscheid asked what costs were involved when the City
does a Comprehensive Plan amendment. Trapp says that the fees would be taken on by the
developer. Wegscheid asked if the City would be getting on Met Council's nerves if the City
keeps amending the comp plan? Trapp is not concerned with the number of times the comp
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Mound City Council Minutes — June 27, 2017
plan is amended. Wegscheid asked how long a comp plan change would take. Smith says it
would take a minimum of two months. Trapp says a site specific change could be done quickly.
Smith says that the last discussion with the Serenity project took 60 days to approve or act on
before it went to the Met Council.
Hoversten asked why one lot would make the City go back for a comp plan amendment even if
the plan is supportive of increased density. Trapp says that medium density implies an R3
zoning.
Wegscheid's viewpoint is leaning towards going with the six twin -units and added that this plan
seems like it is the most simplistic for the process. Peterson says that the Council shouldn't get
hung up on zoning and Hoversten commented that in the public engagement survey on Social
Pinpoint, the theme from people was that they don't like seeing apartments as they enter Mound
from the east. Gillispie said that it's probably more about how apartments look, not that they are
there. Wegscheid asked if density would have to be compensated in another area. Trapp said
she is trying to figure that out.
Trapp said the City is exploring land use concepts with the focus being the downtown area to
which Hoversten added that the City is focusing the density downtown.
Wegscheid says the temporary fix would be to go for single-family on this project. Bergquist
says he is only in favor of single-family housing on this project. Salazar likes the single-family
option or at the most, four twin -units. Gillispie says she leans towards two twin -homes and one
single-family home. Gillispie believes the price point would be better with that option. Gillispie
says the single-family option looks too crowded. Peterson leans towards single-family housing.
Peterson commented that the community wanted a single-family project in that neighborhood.
The team which is working on the project addressed the Council. Tom Pfeifer, 1808
Shorewood, Louie Coulson, 5657 Grandview, Fritz Gullickson, 637 Harmony Circle,. Pfeifer has
polled the neighbors and they favored single-family housing which is what exists on the block.
Pfeifer says the goal is to make these single-family homes priced in the $400s. He added that
density doesn't change whether it's single-family or townhomes. Pfeifer says they prefer to build
single-family homes and the builder can make the homes more attractive than townhomes.
Pfeifer says he is interested in working with the City on building multi-level townhomes
downtown. Wegscheid thanks Pfeifer for investing in the community.
Salazar thanks Pfeifer for his insight and thought on these home plans. Gullickson says he
wants the entrance to Mound to look interesting.
11. Review/discussion regarding short-term/vacation house rental operation and need for
Sarah Smith presented preliminary information from the public comments from the last Council
meeting relating to short term rentals. She said staff did some research and requests direction
from Council. Smith noted that VRBO and Airbnb are on the rise and wondered whether or not
the City should look at if there is a need for licensing of short term rentals at this time. Smith
noted that the Lake is very prominent and is highly used and a great amenity. Smith added that
staff are looking at whether the Council deems short-term rental uses as appropriate and
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Mound City Council Minutes — June 27, 2017
acceptable without regulations or does the City need regulations to stay compatible with the
neighborhoods. Smith said staff is requesting direction from Council to study the matter.
Smith says that If the Council would like Staff to do research on the issue staff could have
something ready to come back to the Council with around the fall which should give the City
enough time to put something in place before the Super Bowl comes to town. Smith says the
City would also encourage a public input portion either at Planning Commission or Council level.
Smith says Staff should include input from users of this type of endeavor as well.
Wegscheid says it is eye-opening to see neighbors' viewpoint and says doing more research is
valid. Salazar concurs with the Mayor. Salazar says he has a rental property out of state in a
resort areas and added that short-term rentals are the norm in resort areas. Salazar feels it is
not the norm in Mound and Council needs to be aware of this. Salazar says he doesn't want to
live next to a short-term rental and says he wants to see what's being done around the City.
Giilispie has done VRBO and has no issues with it.
Giliispie asked what the difference between short-term and long-term rentals is. Salazar
believes that a long-term renter participates in community. Gillispie said that a short-term renter
actually bought a house in Mound because they were able to enjoy the community while they
were here on a short-term rental basis.
Smith wants to understand what other communities have done and how do the short-term
rentals affect our community as this topic has become more of an issue.
Wegscheid feels this is an opportunity to get educated on the issue. Wegscheid also brought
up the concern about how this would be enforced.
MOTION by Wegscheid, seconded by Salazar, to direct Staff to conduct a planning study of
short-term rentals to be brought back to Council in August or September. All voted in favor.
Motion carried.
Peterson asked about looking at long-term rentals. Smith says these are two different things
and doesn't believe long-term and short-term should not be tied together.
12. Information/Miscellaneous
A. Comments/reports from Council Members
Hoversten noted the following upcoming events:
7/21-22 - Spirit of the Lakes — Medallion hunt has started
7/20 — Wounded Warrior Ride will be moving to St. Paul
8/12 - Dog Days
8/24-9/04 - State Fair
9/05 - First day of school
9/09 - Running of the Bays
The July Planning Commission meeting has been rescheduled from 7/04 to 7/18 and the
August 1 Planning Commission meeting conflicts with National Night Out so this date for the
meeting will be changed
City Offices are closed on 7/04
B. Reports: Liquor Store - May 2017
C. Minutes: Parks & Open Spaces Commission - May 11, 2017
Mound City Council Minutes — June 27, 2017
D. Correspondence: WeCAN - June 7, 2017
13. Adjourn
MOTION by Peterson, seconded by Bergquist, to adjourn at 9:22 p.m. All voted in favor.
Motion carried.
Attest: Catherine Pausche, Clerk
-1859-
Mayor Mark Wegscheid
2415 Wilshire Boulevard
Mound, MN. 55364
(952)472-0605
Memorandum
To: Honorable Mayor and City Council
From: Field Officer Stewart B. Simon
Date: July 6, 2017
Consent Agenda Item 4 (C): Amendment to Consent and Waiver Agreement
Re: with respect to the hazardous building located on the property at 6077 Aspen
Road
On March 28, the Council adopted Resolution 17-48, approving a Consent and Waiver
Agreement (the "Agreement) with respect to the hazardous building located on the property at
6077 Aspen Road. Per the Agreement, the project costs were estimated to be $45,000.00,
with 120% of the estimate or $54,000.00 assessable to the subject property. In the event the
actual costs of this project exceeded 120% of the estimate, the City was required to provide
written notification to the property owner, Terence Sincheff; the property owner then had five
(5) days to provide written response to the City approving and accepting an increase to the
project costs.
Staff solicited four (4) contractors to bid the project, of which, three (3) submitted bids:
Contractor Bid Amount
Lindstrom Restoration $69,020.09
ServiceMaster $64,582.87
Grady Restoration, LLC. $53,973.77
SceneClean MN Bid Withdrawn
Upon reviewing the bids, additional repairs to abate the hazardous conditions were identified,
which resulted in the bids received being higher than originally estimated. Staff has
determined the actual costs associated with this project will therefore exceed 120% of the
initial estimate, based on the lowest bid amount, costs incurred to date, and anticipated
ancillary costs associated with project completion.
On July 5, 2017, Staff provided Mr. Sincheff with written and verbal notice of Staff
determination that the project would exceed 120% of the initial estimate and requested
approval and acceptance of an increase in estimated cost to $65,000.00, with 120% of the
increase, or $78,000.00 assessable to the subject property. Per the terms of the Agreement,
Mr. Sincheff has until Monday, July 10, 2017, to provide written notice to the City, approving
and accepting the increase in project costs, in order for the City to continue with the project. If
a written response is not received by Monday, July 10, 2017, the Agreement will terminate and
the City will proceed with a hazardous building action, pursuant to Minnesota Statutes Chapter
463.
:.1
As of the date of this memo, Mr. Sincheff has verbally approved and accepted the increase in
estimated costs to this project and has advised written confirmation is forthcoming.
Based upon Mr. Sincheff's verbal commitment to the increase, Staff requested the City
Attorney prepare an amendment to the Consent and Waiver Agreement, to incorporate the
increased project costs. As with the original Agreement, the costs associated with this project
will be collected as a special assessment, deferred until the earliest of the following three
events: (1) the sale, transfer, or any other conveyance of the subject property to another, (2)
the death of Mr. Sincheff, or (3) 15 years from the date the Agreement was first executed.
It is important to note; the Agreement and amendment are recorded against the title of the
subject property. In the case of the subject property, the original Agreement is the only lien
against the subject property and, as such, the City will be first to collect the full amount of any
special assessment upon one of the previously mentioned events.
Requested actions.
Staff recommends the City Council take the following actions:
1. The City Council adopt the attached resolution to approve an amendment to the
Consent and Waiver Agreement entered into by the City on March 28, 2017, amending
paragraph 3, Cost Estimate of the Agreement by deleting $45,000 and replacing it with
$65,000.
2. The City Council approve the attached Amendment to Consent and Waiver
Agreement and authorize execution by the Mayor and City Manager.
2 -1861-
CITY OF MOUND
RESOLUTION NO. 17 -
RESOLUTION APPROVING AMENDMENT TO CONSENT AND WAIVER
AGREEMENT FOR PROPERTY AT 6077 ASPEN LANE
WHEREAS, the City Council, on March 28, 2017, approved Resolution No. 17-48 that
approved a Consent and Waiver Agreement ("Agreement") with the property owner,
Terence Sincheff ("Property Owner"), with respect to a hazardous building located at 6077
Aspen Road ("Subject Property") ; and
WHEREAS, Paragraph 3, Cost Estimate, of the Agreement estimated the project costs to
be $45,000.00 with a cap of 120% of the estimate or $54,000.00 to be assessable to the
Subject Property; and
WHEREAS, bids received for the project exceeded the maximum amount provided in the
Agreement with the additional costs attributed to the need for additional repairs to abate
the hazardous conditions; and
WHEREAS, the Property owner was provided five (5) days written and verbal notice in
advance of the July 11, 2017 City Council meeting regarding the Amendment to the
Consent and Waiver Agreement and has until July 10, 2017 to accept the new estimated
project cost of $65,000.00 and 120% project cap of $78,000.00 to be assessable to the
Subject Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound,
Minnesota, does hereby approve Amendment to the Consent and Waiver Agreement for
the property located at 6077 Aspen Lane, subject to the following conditions:
Paragraph 3, Cost Estimate of the Agreement is amended by deleting
$45,000 and replacing it with $65,000.
The Property Owner sign the Amendment to Consent and Waiver Agreement
on or before Monday, July 17, 2017.
3. Except as modified by this Amendment, the Agreement shall remain in full
force and effect.
Adopted by the City Council this 11th day of July, 2017.
Catherine Pausche, City Clerk
-1862-
Mayor Mark Wegscheid
AMENDMENT TO CONSENT AND WAIVER AGREEMENT
This Amendment to the Consent and Waiver Agreement is entered into as of this 11th
day of July, 2017, by and between the City of Mound, a Minnesota municipal corporation (the
"City") and Terence L. Sincheff, a single person (the "Owner"). The City and the Owner shall be
referred to collectively herein as the "Parties."
RECITALS
WHEREAS, the Owner and the City have entered into a Consent and Waiver Agreement
dated as of March 28, 2017, recorded in the office of the Hennepin County Registrar of Titles
and in the office of the Hennepin County Recorder (the "Agreement') which provided for repair
and abatement of the property located at 6077 Aspen Road, Mound, Minnesota, legally described
as Lot 019, `Brockton", Hennepin County, State of Minnesota; and
WHEREAS, the Parties desire to amend Paragraph 3, Cost Estimate, of the Agreement.
AMENDMENT
1. For valuable consideration, the sufficiency of which is hereby acknowledged, the
parties hereby agreed to the following amendment to the Agreement:
Amend Paragraph 3, Cost Estimate of the Agreement by deleting $45,000 and replacing
it with $65,000.
2. Except as modified by this Amendment, the Agreement shall remain in full force and
effect.
[SIGNATURE PAGES FOLLOW]
-1863-
IN WITNESS WHEREOF, the City and the Owner have caused this Amendment to be
duly executed in their names and on their behalf on or as of the dates indicated herein.
CITY OF MOUND
51
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Mark Wegscheid, Mayor
Eric Hoversten, City Manager
The foregoing instrument was acknowledged before me this _ day of 2017,
by Mark Wegscheid and Eric Hoversten, the Mayor and City Manager, respectively, of the City
of Mound, a Minnesota municipal corporation, on behalf of the City.
Notary Public
:M
Terence L. Sincheff
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 2017,
by Terence L. Sincheff, a single person.
THIS INSTRUMENT DRAFTED BY:
Elizabeth Brodeen-Kuo
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612)337-9300
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Notary Public
2415 Wilshire Boulevard
Mound, MN 55364
(952)472-0604
MEMORANDUM
To: Honorable Mayor and City Council
From: Sarah Smith
Date: July 5, 2017
Re: July 11, 2017 Council Consent Agenda Item - Musical Concert Permit for Special Event at
Mount Olive Lutheran Church
Overview. Millie Snyder, on behalf of Mount Olive Church, submitted a Musical Concert Permit
application to allow an outdoor concert by the Teddy Bear Band to be held on Sunday, July 30, 2017
from 11:00 a.m. to 1:30 p.m. at 5218 Bartlett Boulevard.
The concert is a family -friendly gathering that includes food, children's games, vendor booths
and door prize drawings. Expected attendance is 200 people. The event is being held to
promote the church and upcoming vacation bible school week in August.
Parking for the event is available in the church parking lot. The applicant has also received
permission for guests to park at Shirley Hills Elementary School.
The 2017 Fee Schedule, approved by the City Council at its December 13, 2016 meeting,
requires a Musical Concert Permit fee of $50.00 per day unless a Public Gathering Permit fee is
being paid, in which case the Musical Concert Permit fee is waived. As the event is on
private property, a Public Gathering Permit is not required. The permit fee was waived by the
City Council in 2016 as the concert is a community event (no fee) and open to the public. Staff
is recommending waiver of the $50 fee for this year's concert.
• Information about the special event and permit application was provided to Staff, the Orono
Police Department, the Mound Fire Department, and the Public Works Department.
Recommendation. Staff recommends approval of the Musical Concert Permit for a special event to be
held at Mount Olive Lutheran Church on Sunday, July 30, 2017, subject to the following conditions:
1. Applicant shall be responsible for procurement of all required public
agency permits that are needed to hold the event .
Amplified music, speakers and PA/sound systems are to be directed in the
direction best suited to minimize impact upon neighbors.
3. Any signage for the event shall be in accordance with City Code Chapter 119 including
the need for any required permits.
A draft resolution, based on Staff's recommendation, has been prepared for consideration and action
by the City Council.
e Page 2
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CITY OF MOUND
RESOLUTION NO. 17 -
RESOLUTION APPROVING MUSICAL CONCERT PERMIT FOR SPECIAL EVENT AT
MOUNT OLIVE CHURCH ON JULY 30, 2017 AND WAIVING FEE DUE TO PUBLIC
BENEFIT
WHEREAS, on December 13, 2016, the City Council of the City of Mound adopted
Resolution 16-169 to establish its Fee Schedule for 2017 ("Fee Schedule"); and
WHEREAS, the Fee Schedule set the Musical Concert Fee at $50 per day unless a
Public Gathering Permit Fee is being paid; and
WHEREAS, Millie Snyder, on June 28, 2017, submitted a Musical Concert Permit
application on behalf of Mount Olive Church, requesting approval to allow an outdoor concert
performance by the Teddy Bear Band from 11:30 a.m. to 1:00 p.m. on July 30,2017; and
WHEREAS, the City Manager and City Staff have reviewed said application and have
recommended reasonable conditions which are as set forth in a Staff Memorandum to the City
Council dated July 5, 2017; ("Conditions"); and
WHEREAS, the City Manager and City Staff desire to waive fees for the 2017
Teddy Bear Band outdoor concert because it is a public event on private property with no fee
that benefits the community; and
WHEREAS, the City Council, upon recommendation of the City Manager and City
Staff, reviewed the application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as
follows:
1. The recitals set forth above are incorporated into this Resolution.
2. The Musical Concert Permit is approved with Conditions.
Adopted by the City Council this 11th day of July, 2017.
Attest: Catherine Pausche, Clerk
:.:
Mayor Mark Wegscheid
CITY OF MOUND
2415 WILSHIRE BLVD.
MOUND, MINNESOTA 55364
MUSICICAL CONCERT PERMIT APPLICATION
(Including, but not limited to, live music, music provided by a disc jockey, and/or any type of amplified
music)
EVENT: Teddy Bear Band in Concert event
LOCATION OF MUSICAL CONCERT: Mt Olive Lutheran Church parking lot, will move
indoors if it rains
TYPE OF MUSICICAL CONCERT: Teddy Bear Band from 12:00noon-12:45pm / music will
be played off a Christian playlist on either side of concert
TIME PERIOD OF MUSICAL CONCERT 12:00 noon - 12;45 pm
(HOURS PERMITTED: Mon - Sun: 7:00 am - 10:00 pm)
REQUESTED EXTENSION OF HOURS:
(Council approval must be received to conduct a musical concert after 10:00 pm)
A certificate of insurance naming the City of Mound as Certificate Holder/Additional Insured
is required with respect to the City's ownership of the public lands. The permit holder must
waive their right to subrogation in favor of the certificate holder.
APPLICANT: Mt Olive Lutheran Church CONTACT: Millie Snyder
ADDRESS: 5218 Bartlett Blvd, Mound, MN 55364 ADDRESS: 4749 S Lake Sarah Dr.
Independence, MN 55359
E-MAIL mgsnyder@usfamiy.net
HOME PHONE #: 612-309-7558 WORK PHONE #: Church# 952-472-2756
6/30/17
Date
Millie Snyder
Applicant's Signature
:••
2415 Wilshire Boulevard
Mound, MN 55364
(952)472-0604
MEMORANDUM
To: Honorable Mayor and City Council
From: Sarah Smith
Date: July 5, 2017
Re: July 11, 2017 City Council Consent Agenda Item - Planned Development Area Agreement
for Dutch Lake Preserve
Summary.
The City Council, at its June 27, 2017 meeting, approved the final plat for the Dutch Lake
Preserve project that includes a 72 unit, assisted living and memory care facility to be located
at 1861 Commerce Boulevard.
A condition of the City's approval of the final plat included execution of a development
agreement between the developer, Harrison Bay Senior Living, LLC, and the City of Mound for
the project. The current owner of the property is Commerce Partners of Mound, LLC. The
property will be conveyed by quitclaim deed to Harrison Bay Senior Living LLC prior to
recording of the plat.
The agreement was prepared by the City Attorney and has been reviewed by the developer.
A resolution to approve the agreement, subject to conditions, has been prepared for review
and consideration by the City Council. Staff recommends approval.
1
CITY OF MOUND
RESOLUTION NO. 17 -
RESOLUTION APPROVING PLANNED DEVELOPMENT AREA AGREEMENT
FOR DUTCH LAKE PRESERVE
WHEREAS, Commerce Partners of Mound, LLC submitted a major -subdivision final plat
application to plat the proposed Dutch Lake Preserve, as described in Exhibit A; and
WHEREAS, the properties are generally located between Commerce Boulevard (County Road
110) and Dutch Lake in the City of Mound at the address of 1861 Commerce Boulevard
("Subject Property"); and
WHEREAS, the City of Mound ("City") approved the major subdivision -preliminary plat by
Resolution No. 16-88 on July 12, 2016, a CUP -PDA and Variance by Resolution No. 16-89 on July
12, 2016, and the major subdivision -final plat for Dutch Lake Preserve by Resolution No.17-92 on
June 27, 2017, contingent upon compliance with certain City requirements including, but not limited
to, the matters set forth in these Resolutions; and
WHEREAS, a condition of the City Council's approval of the final plat in Resolution No. 17-92 is
the preparation of a development agreement between the City and the Developer, and
WHEREAS, the City and the Developer, Harrison Bay Senior Living, LLC, now desire to enter into
a Planned Development Area Agreement ("Agreement") setting forth certain requirements and
obligations relating to the development of the Subject Property; and
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 July 11,
2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, that the
Planned Development Area Agreement for the Dutch Lake Preserve subdivision is hereby
approved with the following conditions:
1. The recitals set forth above are expressly incorporated herein.
2. The final form and content of the Planned Development Area Agreement, including any
Exhibits to the Planned Development Area Agreement and whose execution is required
by the Planned Development Area Agreement, shall be in substantially the same form as
Exhibit B 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 Planned Development Area
Agreement, in substantially the same form as Exhibit B as well as all related
documents that are included as Exhibits to the Planned Development Area Agreement;
and
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4. The Developer shall be responsible for recording the Planned Development Area
Agreement as well as all related documents that are included as Exhibits to the Planned
Development Area Agreement with Hennepin County and providing evidence of such
recording to the City of Mound.
Adopted by the City Council this 11th day of August, 2017.
Mark Wegscheid, Mayor
Attest: Catherine Pausche, Clerk
EXHIBIT A
Legal Description
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Planned Development Area Agreement
OEM
DRAFT 07-05-17
Torrens
PLANNED DEVELOPMENT AREA AGREEMENT FOR DUTCH LAKE PRESERVE
THIS PLANNED DEVELOPMENT AREA AGREEMENT ("Agreement") is entered
into on the day of 2017 by and between Harrison Bay Senior Living, LLC, a
limited liability company formed under the laws of the state of Minnesota ("Developer") and the
City of Mound, a municipal corporation, located in the County of Hennepin, State of Minnesota
("City").
RECITALS
A. Commerce Partners of Mound, LLC is the fee owner of parcels of land located in the City
of Mound, Minnesota legally described on Exhibit A, which is attached and incorporated hereto,
and which property is proposed to be developed as a subdivision in the City bearing the name
"Dutch Lake Preserve" and may sometimes hereinafter be referred to as the "Subject Property."
Prior to release of the final plat by the City for recording, Commerce Partners of Mound, LLC will
provide a quitclaim deed to the Subject Property to the Developer, which shall be duly recorded
with Hennepin County.
B. City approved a conditional use permit and variances (Resolution No. 16-89), a major
subdivision preliminary plat (Resolution No. 16-88) and a major subdivision -final plat (Resolution
No. 17-92), named Dutch Lake Preserve, a 72 -unit senior, assisted living and memory care
development consisting of approximately 9.33 acres which is contained on one lot along with one
undevelopable lot; contingent upon compliance with certain City requirements including, but not
limited to, matters set forth in these Resolutions. For two years from the date of this Agreement, no
amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the approved preliminary plat unless
required by state or federal law or agreed to in writing by the City and the Developer
C. The City and the Developer desire to enter into this Agreement setting forth certain
requirements and obligations relating to the development of the Subject Property. This Agreement
is intended to replace and supersede all previous oral agreements and any amendments thereto, and
previous negotiations between the parties in relation to the Subject Property.
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500607v2 AMB MU200-201
AGREEMENT
In consideration of the mutual promises and covenants made herein, and intending to be
legally bound, the parties hereby agree as follows:
ARTICLE ONE
CONSTRUCTION OF IMPROVEMENTS
1.01. Developer Responsible. Before commencing construction of the improvements specified
herein (collectively, the "Improvements"), the Developer shall submit its plans and specifications to
the City for the City's review and approval. The release of the building permit for the project shall
demonstrate the City's approval of the Approved Plans. The Approved Plans are deemed to be the
Harrison Bay Senior Living Construction Plans received on April 27, 2017 and the Mound Assisted
Living Building Plans dated April 27, 2017 that were submitted to the City on May 15, 2017, and
are on file with the City of Mound, or any subsequent revision that has been approved by the Public
Works Director. If the Approved Plans vary from the written terms of this Agreement, the written
terms shall control.
Developer agrees to construct and fully pay for the Improvements required for development of the
Property, as described in Approved Plans. The Improvements and estimated costs are listed in the
attached Exhibit B. The Improvements shall be constructed in accordance with City specifications
and the Approved Plans. None of the Improvements will be constructed until the City Public
Works Director has reviewed and approved the plans and specifications, which review shall be
consistent with standard city practices.
Any subsequent revision of the Approved Plans must be filed in writing with the Public Works
Director prior to commencement of construction of the Improvements and shall be subject to
review and acceptance by the Public Works Director with such review to be consistent with the
standard city practices. The Public Works Director will, within ten (10) days of receipt of the
proposed revision, determine if the proposed revision is consistent with the City's project approvals
and, if it is, may approve the revision administratively. If the Public Works Director determines the
proposed revision is not consistent with the City's project approvals or is inconsistent with the
City's policies or standards, the request shall be denied. Any proposed revision that is substantive
as determined by the Public Works Director may require the Developer to submit applications to
request an amendment(s) to the land use approvals granted for the project or to request an
amendment to this Agreement.
Any listed Improvement for which no plan sheet is identified will be subject to review and approval
by the Public Works Director
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 and Developer must receive written approval from the Public Works
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Director before commencement of construction at the Property. All labor and work will be done
and performed in the best and most workmanlike manner and in strict conformance with the
Approved Plans.
1.02. Staking, Surveying and Inspections. Developer must provide all required staking and
surveying for the Improvements in order to ensure that the completed Improvements conform to the
Approved Plans. The City will provide for construction inspection. Developer must notify the
Public Works Director at least 48 hours in advance, not including weekend days or holidays, for
inspection service or scheduling of tests to be performed. Costs incurred by the City for the
inspection activities will be recovered through the escrow described in Article Two.
1.03. Unsatisfactory Labor or Material. In the event that the Public Works Director rejects as
defective or unsuitable any material based on the Approved Plans, 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. As -built Plans. Within 180 days of completing the work to construct the Improvements the
Developer shall provide the City with: (i) a full set of as -built plans in a digital PDF format, and (ii)
an as -built survey in a CADD format, for City records.
1.06. Maintenance Bond. The Developer and/or its contractor shall be required to furnish the
City a two-year maintenance bond guaranteeing the Improvements. The effective date of the
maintenance bond will be the date of issuance for a certificate of occupancy by the City.
1.07. Time for Developer's Performance. The Developer will commence work on the
Improvements as soon after execution of this Agreement as is feasible in light of weather
conditions, and will have all work done and the Improvements completed to the satisfaction and
approval of the City on or before December 31, 2018.
1.08. Extension. The City Public Works Director may, at its discretion, administratively extend
the date specified for completion upon receipt of reasonable advance 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 Public Works Director, the Developer must continue any bond or financial guaranty
required by this Agreement to cover the work during the extension of time.
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500607v2 AMB MU200-201
1.09. Maintenance of Improvements. Developer shall be responsible for all maintenance, upkeep
and repair including, but not limited to, snow plowing, mowing, weed control, and grading and
curb, gutter, and streets. Developer shall remain responsible for all maintenance and upkeep of
Improvements. 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. 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 Public Works Director.
II. EASEMENT; RIGHT OF ENTRY:
1.11. 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 or to take any corrective
actions deemed necessary by the City. Prior to entering to take any corrective action, the City shall
provide the Developer a written notice of the corrections needed and provide a reasonable period for
the Developer to complete the necessary corrective work. If the Developer fails to complete the
work by the date indicated, the City may enter the Property to take corrective action. The right of
entry conveyed by the Developer to the City shall continue until the City issues a certificate of
occupancy. The City will provide the Developer with reasonable notice prior to exercising its rights
hereunder, except in the case of an emergency.
ARTICLE TWO
FINANCIAL GUARANTY AND REQUIRED PAYMENTS
2.01. Park Dedication and Utility Fees. hr fulfillment of park dedication requirements established
by City ordinance, the Developer must pay to the City the amounts of $58,600 for park fees in lieu
of dedication, $80,000 ($2,000 x 40 units) for Water Trunk Area Charges and $80,000 ($2,000 x
40 units) for Sewer Trunk Area Charges prior to release of the plat. The number of units for the
Water Trunk Area Charges and Sewer Trunk Area Charges was determined by the Metropolitan
Council Environmental Services (MCES) SAC determination for the project in its letter dated
January 23, 2017.
Payment of water service connection fees of $240 and sewer connection fee of $240 shall be paid at
the time of the building permit application. The calculation of the number of units for which water
connection fees and sewer connection fees shall be determined by the Public Works Director. Park
fees must be paid in full prior to the delivery of the executed plat to Developer for recording.
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2.02 Metropolitan Council Environmental Services (MCES) SAC Charge, The Developer must
pay $99,400 to the City for the MCES SAC charge assigned to the project (40 units) as stated in the
letter from the Metropolitan Council dated January 23, 2017. This amount is based upon the 2017
MCES rate of $2,485 per unit. The amount to be paid shall be the current established MCES SAC
fee times (40 units) at the time the building permit is issued.
2.03 Financial Guaranty, Improvements. Prior to commencement of construction of the
Improvements, the Developer will furnish the City an irrevocable letter of credit ("Security"),
approved by the City Attorney, in the amount of 125% of the estimated project costs for the
Improvements as set forth in Exhibit C. The letter of credit shall renew automatically until released
by the City. The Public Works Director may approve a reduction in the Security upon written
request by the Developer based upon the value of the completed work at the time of the requested
reduction. The Security may not be reduced to less than 20% of the original amount until all work
required of the Developer by this Agreement has been completed and accepted by the City. If the
Developer fails to construct the hnprovements in accordance with the Approved Plans, or fails to
complete any of its other material obligations under this Agreement, the City will provide the
Developer written notice of default that identifies the corrective actions needed and provides a
reasonable period of time in which to come into compliance. If the Developer fails to come into
compliance by the date indicated, the City may declare the Agreement to be in default and the
amount of the Security shall be paid over to the City. The City shall reimburse itself from the
proceeds of the Security for any attorneys' fees, engineering fees or other technical or professional
assistance, including the work of the City staff and employees at the City's actual costs, incurred
related to the default and the remainder thereof shall be used by the City to complete the
Improvements. The Developer shall be liable to the City to the extent that the Security is
inadequate to reimburse the City its costs and pay for the completion of the work.
2.04. 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 to reimburse itself for the costs incurs related to processing and
acting on the plat including, but not limited to, professional costs and the costs of services and
materials in connection with the review of the plat and the carrying out of inspection activities,
clean-up activities, and other activities required under this Agreement. If the escrow balance nears
$1000.00, 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 $500.00 until completion of the
Improvements. . Upon completion of all items covered in this Agreement, the City shall return the
unused escrow balance to the Developer.
ARTICLE THREE
OTHER REQUIREMENTS
3.01. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its
officials, agents and employees shall not be personally liable or responsible in any manner to the
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
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Developer will hold the City, its officials, agents and employees harmless from all claims, demands,
damages, or causes of action arising from the acts or omission of the Developer, its employees,
contractors, and subcontractors, including the costs, disbursements, and expenses of defending the
same including, but not limited to, reasonable attorneys' fees, consulting engineering services, and
other technical or professional assistance, including the work of City staff and employees based on
the City's actual costs. The foregoing indemnity obligation shall not apply to claims involving: (i)
any negligent or otherwise wrongful acts of any staff employee of the City; or (ii) any allegations
that the City has acted in a grossly negligent manner.
3.02. Insurance. The Developer shall furnish proof of insurance covering any public liability or
property damage by reason of the operation of the Developer's equipment, laborers, and hazard
caused by the Improvements. Such insurance shall, at a minimum, include commercial general
liability with a per occurrence limit of at least $1,000,000, commercial automobile liability with a
combined single limit of at least $1,000,000, and workers' compensation coverage. The Developer
must keep the insurance in force at all times that construction on the development is in progress.
The commercial general liability 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 policy.
3.03. Erosion Control. Developer shall be responsible for compliance with an approved erosion
control plan. Developer will be given a telephone notice from the City when an unsatisfactory
condition exists that is determined to be a Developer's responsibility. Developer's work to correct
said unsatisfactory condition shall commence within 72 hours from the time of the telephone
notice. If work is not commenced within 72 hours of said telephone notice, City will proceed to do
the required work at the expense of the Developer. If it is determined that the unsatisfactory
condition could result in degradation of downstream water quality, Developer shall, upon telephone
notice, immediately proceed to correct said unsatisfactory condition. If Developer does not, within
the stated time period, respond to said notice of the unsatisfactory condition, City has the right to
enter upon the property and correct said condition at Developer's sole cost. City shall be entitled to
all of its costs and expenses including, but not limited to legal, fiscal, and engineering. City may
draw on Developer's financial escrow and letter of credit required hereunder.
3.04. 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.
3.05. 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.
3.06. Other Approvals. In addition to the City approvals, other governmental agencies have
reviewed and approved components of the Plans. It is the responsibility of the Developer to ensure
that all permits from appropriate governmental agencies are received prior to beginning
construction of any Improvements.
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3.07. Final Plat. The Developer shall record the final plat for Dutch Lake Preserve in the land
records for Hennepin County, Minnesota. Developer shall provide the City evidence of recording
of the final plat to the prior to the City releasing any future building permit, unless an early start
agreement has been approved by the City Council following a request by Developer. Any such
early start agreement must be in a form acceptable to the City and shall constitute an amendment to
this Agreement, but only with respect to the start of construction regarding the Improvements
identified in the Agreement. The City is not obligated to enter into an early start agreement to allow
a requested early start of construction.
3.08. Miscellaneous Obligations. Prior to the City releasing the final plat for recording, the
Developer shall provide to the City documentation, acceptable to the City Manager, evidencing
compliance with any conditions imposed in the final plat approval that are to be satisfied prior to
recording of the final plat.
ARTICLE FOUR
DEFAULT AND REMEDIES
4.01. Default by Developer. In the event of default by the Developer as to any of the work to
be performed hereunder by the Developer, its successors or assigns, the City may, at its option,
perform the work and the Developer shall promptly reimburse the City for any expense incurred
by the City. Except in emergencies, prior to taking any corrective action the City shall provide
the Developer a written notice of the corrections needed and provide a reasonable period for the
Developer to complete the necessary corrective work. If the Developer fails to complete the
work by the date indicated, the City take corrective action. 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 Security and escrow funds provided by the Developer under
this Agreement. In the event the City draws from the Security sums that exceed the costs or
damage to the City, the City will return such excess amounts. If the Security is not sufficient to
fully reimburse the City for the costs it incurs related to the Developer's default, the Developer
shall be required to reimburse the City for all such additional costs, including any collection
costs. In addition to its other remedies provided herein, or that are otherwise available under law,
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 appeal such assessments pursuant to Minnesota Statutes, Section 429.081.
4.02. Complete Improvements -Right of Entry. In addition to the City's other remedies under this
Agreement, if the Developer's breach involves failure to complete the Improvements and the
Developer fails to correct the breach upon notice and opportunity to cure as provided herein, the
City is hereby authorized, at its option, to enter upon all portions of the Subject Property it deems
necessary to complete the installation of any or all of the Improvements to which the default relates.
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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 reasonable
attorneys' fees, the City actually incurs in the event a suit or action is brought to enforce the terms
of this Agreement.
ARTICLE FIVE
MISCELLANEOUS PROVISIONS
5.01. Amendment. Any amendment to this Agreement must be in writing and signed by both
parties.
5.02. Assignment. The Developer may not transfer or assign any of its obligations under this
Agreement without the prior written consent of the City, which shall not be unreasonably withheld,
conditioned, or delayed. Once the Improvements are completed and any warranty period has ended,
the restriction on assignment ends, but the Developer shall provide the City prior written notice of
any such assignment.
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 "Dutch
Lake Preserve", 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 Improvements, and satisfaction of all of the Developer's obligations under this Agreement,
the City agrees to execute an instrument releasing the Subject Property 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 the 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:
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500607x2 AMB MU200-201
To City: City of Mound
2415 Wilshire Blvd
Mound, MN 55364
Attention: Eric Hoversten
With a copy to: Mound City Attorney
Kennedy & Graven, Chid.
200 S. 6°i Street
Suite 470
Minneapolis, MN 55402
To Developer:
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. 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
5.09. 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.
5.10. 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.
5.11. 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.
5.12. Estoppel Certificate; Partial Release. a) The City agrees at any time, and from time to
time, within ten (10) business days after receipt of written request by the Developer, a lender or a
-1883-
500607v2 AMB MU200-201
party purchasing any portion of the Subject Property (including a residential lot), to execute,
acknowledge and deliver a certification in writing and in such form as will enable it to be recorded
in the proper office for the recordation of deeds and other instruments certifying: (a) that this
Agreement is unmodified and in full force and effect, or if there have been modifications, the
identify of such modifications and that the same are in full force and effect as modified; (b) that no
party is in default under any provisions of this Agreement or, if there has been a default, the nature
of such default; (c) that all Improvements to be constructed under this Agreement have been
constructed, or, if not, specifying the Improvements yet to be constructed; and (d) as to any other
matter that the requesting party shall reasonably request. It is intended that any such statement may
be relied upon by any person, prospective mortgagee of, or assignee of any mortgage, upon such
interest. Any such statement on behalf of the City may be executed by the City Manager without
City Council approval.
5.13. Supersedes and Replaces. The parties understand and agree that this Agreement supersedes
and replaces all oral agreements, previous development agreements, and negotiations between the
parties in relation thereto.
[LEFT INTENTIONALLY BLANK]
-1884-
500607v2 AMB MU200-201
IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on
the date and year written above.
CITY OF MOUND:
Mark Wegscheid
Its: Mayor
By:
Eric Hoversten
Its: City Manager
ACKNOWLEDGEMENT FOR CITY
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _ day of
'2017, by Mark Wegscheid and Eric Hoversten, the Mayor and City
Manager, respectively, of the City of Mound, a Minnesota municipal corporation, on behalf of the
corporation.
Notary Public
-1885-
500607v2 AMB MU200-201
DEVELOPER
Its:
ACKNOWLEDGEMENT FOR DEVELOPER
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
20, by of , a on behalf of the
Notary Public
THIS DOCUMENT DRAFTED BY:
Kennedy & Graven, Chartered(TJG)
470 U.S. Bank Plaza
200 South Sixth Sheet
Minneapolis, MN 55402
(612)337-9300
-1886-
500607v2 AMB MU200-201
EXHIBIT A
LEGAL DESCRIPTION
[TO BE INSERTED]
-1887-
500607x4 AMB MU200-201
EXHIBIT B
IMPROVEMENT COSTS
$
$
Total $
Total x 125% $
[Detailed breakdown of improvements listed on subsequent pages]
-1888-
500607v4 AMB MU200-201
EXHIBIT C
MORTGAGE CONSENT
(`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: 120
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
Notary Public
[Developer to provide the required consents]
-1889-
500607x4 AMB MU200-201
C
Real People. Real Solutions.
July 6, 2017
Mr. Eric Hoversten, City Manager
City of Mound
2415 Wilshire Boulevard
Mound, MN 55364
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: 19521448-8838
Fax: 19521448-8805
Bolton-Menk.com
RE: 2017 Street, Utility and Retaining Wall Improvements — Lynwood Blvd/Fairview Ln,
Wilshire Blvd/Maywood Rd/Hiddenvale Ln, Tuxedo Blvd Phase III
City Project Nos. PW -17-01, PW -17-02, PW -I7-03, PW -17-04
Pay Request No. 2
Dear Mr. Hoversten:
Please find enclosed Pay Request No. 2 from Park Construction Company for work completed
on the 2017 Street, Utility and Retaining Wall Improvement Project from June 1, 2017 through
June 30, 2017.
We have reviewed the contractor's request, verified quantities and recommend payment in the
amount of $203,206.74 to Park Construction Company.
Sincerely,
Bolton & M/enk, Inc.
Daniel L. Faulkner, P.E.
City Engineer
Bolton & Menk—
DATE: 7/5/2017
CONTRACTOR'S PAY REQUEST NO. 2
CONTRACTOR Park Construction Cc
2017 STREET, UTILITY & RETAINING WALL IMPROVEMENTS
OWNER City of Mound
CITY PROJECT NO, 17-01, 17-02, 17-03,17-04
ENGINEER Bolton & Menk
BMI PROJECT NO. C17.112393, C17.112394, 017.112395
FOR WORK COMPLETED FROM 6/1/2017 THROUGH 6/30/2017
TOTALAMOUNT BID.. ....................... ....................................... .............. ..............................................................
$ 3247,178.52
APPROVED CHANGE ORDERS + EXTRA WORK.....................................................................................
$ -
CURRENTCONTRACT AMOUNT...........................................................................................................
$ 3,247,178.52
TOTAL, COMPLETED WORK TO DATE....................................................................................................................
$ 360,126.33
TOTAL, STORED MATERIALS TO
DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED............................................................... $
TOTAL, COMPLETED WORK & STORED MATERIALS., ..................................... ................................................... $ 360,126.33
RETAINED PERCENTAGE 5.0% )................................................................................................. $ 18,006.32
TOTAL AMOUNT OF OTHER DEDUCTIONS .................................................
NET AMOUNT DUE TO CONTRACTOR TO
TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES
PAY CONTRACTOR AS ESTIMATE NO, 2
Certificate for Payment
I hereby certify that, to the best of my knowledge and belief, all items quantities and prices
of work and material shown on this Estimate are correct and that all work has been
performed in full accordance with the terms and conditions of the Contract for this project
between the Owner and the undersigned Contractor, and as amended by any
authorized changes, and that the foregoing is a true and correct statement of the amount
for the Final Estimate, that the provisions of M. S, 290.92 have been complied with and that
all claims against me by reason of the Contract have been paid or satisfactorily secured.
Contractor: Park Construction Company
1481 81stAve. NE
Minneapolis, MN 55432
By
Date
CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT:
BOLTON & MENK, INC., ENGINEER 2638 SHADOW LN, SUITE 200, CHASKA MN 55318
By`�C2%+%L�CI�"i�'Lf�l , CITY ENGINEER
Daniel//L. Faulkner
Date lO jf
APPROVED FOR PAYMENT:
Owner: CITY OF MOUND
By
-1891
$ 342,120.02
$ 138,913.28
$ 203,206.74
Real People. Real Solutions.
July 5, 2017
Honorable Mayor and Members of the City Council
City of Mound
2415 Wilshire Boulevard
Mound, MN 55364
RE: 2016 Lift Station Improvement Project
Change Order No. 3
City Project No. PW -16-05
Dear Mayor and Council Members:
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: (9521448-8838
Fax: 1952)448-8805
Bolton-Menk.com
Attached is Change Order No. 3 which extends the Final Completion date from June 30, 2017 to
August 31, 2017. There is no proposed change in contract price with Change Order No. 3.
The contractor has been responsive to the unknown issues encountered with this project as well
as the need for coordination with various parties. Some of this coordination has required much
time for schedules to mesh. Consequently, the necessary lift station "start-up" has been delayed,
through no fault of the city's contractor, Pember Construction, and they are requesting an
extension in time to complete all aspects of their contract with the City. Their letter requesting an
extension is attached.
We recommend approval of the attached Resolution approving Change Order No. 3.
Sincerely,
Bolton & Menk, Inc.
Daniel L. Faulkner, P.E.
City Engineer
Bolton & Menk I—
CITY OF MOUND
RESOLUTION NO. 17 -
RESOLUTION APPROVING CHANGE ORDER NO. 3, 2016 LIFT STATION IMPROVEMENTS —
CITY PROJECT NO. PW -16-05
WHEREAS, Resolution 16-50 awarded the contract for the 2016 Lift Station Improvement Project to
Pember Companies, Inc. (Contractor) in the amount of $168,112.05; and
WHEREAS, the presence of contaminated and potentially hazardous soil, water and vapor, emanating
from the former Tonka Toys site (Balboa Center, 5300 Shoreline Drive), was discovered subsequent to
preparation of final plans and specifications for the 2016 Lift Station Improvement project; and
WHEREAS, in order for the Contractor to fully address all contamination issues, Change Order No. 1
was approved by Council on April 25, 2017 increasing the contract amount by $74,288.26 and
extending the Substantial Completion date from October 20, 2016 to June 2, 2017 and the Final
Completion date from November 3, 2016 to June 16, 2017; and
WHEREAS, Change Order No. 2 was approved by Council on May 23, 2017 extending the Substantial
and Final completion dates to June 16, 2017 and June 30, 2017, respectively, with no change in
contract price; and
WHEREAS, Change Order No. 3 has been requested to extend the Final Completion date to August
31, 2017 due to delays in lift station "start-up" not caused by the contractor; and
WHEREAS, Change Order No. 3 has been prepared, signed by the contractor and submitted to the
City for approval;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota:
That Change Order No. 3, attached to this Resolution, extending the Final completion date to August
31, 2017, with no change in contract price, is hereby approved.
Adopted by the City Council this 11`h day of July, 2017.
Mayor, Mark Wegscheid
Attest: Catherine Pausche, City Clerk
Change Order
No. 3
Date of Issuance: 6/30/2017 Effective Date: 7/11/2017
Project: 2016 Lift Station Owner: City of Mound, MN Owner's Contract No.: PW -16-05
Improvements — Lynwood Blvd
LS D2
Contract: 2016 Lift Station Improvements
of Contract: 4/27/2016
Contractor: Pember Companies, Inc. N4449 469`i' Street, Engineer's Project No.: C12.1 11100
Menomonie, WI 54751
The Contract Docn.nantc are modified as follows mien execution of this Change a Irdert
Description: -extension of contract Final Completion date due to delay in "start-up" on the new lift station, not
caused by the contractor.
Attachments (list documents supporting change):
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price:
Original Contract Times: ❑ Working days ® Calendar days
Substantial completion (days or date): 10/20/2016
$ 168,112.05
Ready for final payment (days or date): 11/03/2016
9rdIncrease Decrease] firm previously approved
Change from previously approved Change Order No. 2
ange ers No. 1 and Extra Work:
Substantial completion : June 16, 2017
$ 74,288,26
Ready for final payment : June 30, 201
Contract Price prior to this Change Order:
$ 242,400.31
[No Change] of this Change Order:
=Decrease] of this Change Order:
Substantial completion (days or date): 6/16/2017
$ 74,288.26
Ready for final payment (days or date): 8/31/2017
Contract Price incorporating this Change Order:
Contract Times with all approved Change Orders:
Substantial completion (days or date): 6/16/2017
$ 242.400.31
Ready for final payment (days or date): 8/31/2017
ACCEPTED: ACCEPTED:
REC=o�
A
` �7
By: By:
By: �. t
Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature)
�d0 ' % Date: Date: ?
Date:
s
EJCDC C-941 Change Order
I'mpnred by the Engineers Joint Contract Documents Committee and endorsed by the Construction specifications Institute.
QW1111de=pq Pember Companies, Inc.
N4449 - 469th Street a Menomonie, Wisconsin 54751
Phone: 715-235-0316 Grading * Utility, Installation * Curb mid Gutter * Sidewalk Fac 715-235-9006
June 26, 2017
Bolton & Menk
Matt Bauman, P.E.
2638 Shadow Lane, Suite 200
Chaska, MN 55318-1172
RE: Extension Request
2016 Lift Station Improvements Project — D2
City of Mound, MN
BMI Project No. 012.111100
Dear Mr. Bauman,
We would like to request an extension for the Final Completion date on the 2016 Lift Station
Improvements Project —D2 for the City of Mound, MN due to the delay in "start-up" on the new lift
station.
Until the official "start-up" can occur, Pember Companies, Inc. cannot complete the demolition of the
existing lift station. The City has tentatively scheduled a start up of the D-2 Lift Station on July 24/25"
We are requesting an extension of August 31"2017 to complete the demolition and final restoration.
We look forward to hearing from you.
Sincerely,
Nicole Bowman
Project Manager
EEO/AA (W/M/Vei----11^ sability) Employer
-1895-
Real People. Real Solutions,
July 5, 2017
Honorable Mayor and Members of the City Council
City of Mound
2415 Wilshire Boulevard
Mound, MN 55364
RE: 2016 Street, Utility and Retaining Wall Improvement Project
Change Order No. 4
City Project Nos. PW -16-01, PW -16-02, PW -16-03
Dear Mayor and Council Members:
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: (952) 448-8838
Fax: (9521448-8805
Bolton-Menk.com
Attached is Change Order No. 4 which increases the contract time for Final Completion from
June 30, 2017 to July 14, 2017. Also attached is the contractor's letter explaining the reasons for
the requested time extension which we feel are justifiable reasons. There is no change in the
current contract amount of $2,879,918.80.
We recommend approval of the attached Resolution approving Change Order No. 4.
Sincerely,
Bolton & Menk, Inc.
Daniel L. Faulkner, P.E.
City Engineer
801ten & Menk i^
CITY OF MOUND
RESOLUTION NO. 17 -
RESOLUTION APPROVING CHANGE ORDER NO. 4, 2016 STREET, UTILITY & RETAINING WALL
IMPROVEMENTS — BARTLETT BOULEVARD, TUXEDO BOULEVARD PHASE II AND MAYWOOD
ROAD/CYPRESS LANE, CITY PROJECT NOS. PW -16-01, PW -16-02, PW -16-03
WHEREAS, Resolution 16-39 awarded the contract for the 2016 Street, Utility & Retaining Wall
Improvements — Bartlett Boulevard, Tuxedo Boulevard Phase II, Maywood Road/Cypress Lane to Ryan
Contracting Company (contractor) in the amount of $2,758,554.25; and
WHEREAS, Change Orders No. 1, 3 and Extra Work have increased the contract amount to a total of
$2,879,918.80; and
WHEREAS, Change Order No. 2 revised the date for Substantial Completion from October 28, 2016 to
November 12, 2016 with no change in contract amount; and
WHEREAS, a letter dated June 28, 2017 was received from the contractor requesting an extension for
Final Completion from June 30, 2017 to July 14, 2017; and
WHEREAS, staff has reviewed the contractor's request and feel it is justified for the reasons stated in
the contractor's letter which include weather delays and an analysis and subsequent meetings
regarding the condition of base course pavement and its replacement in various locations;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota:
That Change Order No. 4, attached to this Resolution, extends the Final Completion date to July 14,
2017 is hereby approved.
Adopted by the City Council this 11`" day of July, 2017
Attest: Catherine Pausche, City Clerk
Mayor, Mark Wegscheid
-1897-
Date of Issuance: 7/6/2017
Effective Date: 7/11/2017
Project: 2016 Street, Utility, & Owner: City of Mound, MN Owner's Contract Nos.: PW -16-01; PW -16 -
Retaining Wail Improvements 02; PW -16-03
Contract: 2016 Street, Utility, & Retaining Wall Improvements — Date of Contract: 4/12/2016
Bartlett Blvd, Tuxedo Blvd Phase 11, Maywood Rd/Cypress Ln
Contractor: Ryan Contracting Company, 26480 France Ave. PO Engineer's Project No.: C12.110649
Box 246,E1ko New Market, MN 55020
The Contract Documents are modified as follows unon execution of this Chanee Order:
Description: - Final Completion is extended to July 14, 2017; all contract items are modified by reference.
Contract Document modifications.
Attachments (list documents supporting change): Letter from contractor requesting extension.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price: Original Contract Times: ❑ Working days ® Calendar days
Substantial completion (days or date): 10/28/2016
$
2,758,554.25 Ready for final payment (days or date): 6/30/2017
[Increase] Decrease] from previously approved [No Change] from previously approved Change Orders
ange rders No. 1, 3 and Extra Work: No. 2:
Substantial completion (days): 11/12/2016
$ 121,364.55 Ready for final payment (days): No Change
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial completion (days or date): 11/12/2016
$---------2-879,9l8 80 Ready for final payment (days or date): No Change
[No Change] of this Change Order: =Decrease] of this Change Order:
Substantial completion (days or date): No Change
$ 0.00 Ready for final payment (days or date): 7/14/2017
Contract Price incorporating this Change Order:
$ 2.879,918.80
REC 1JDjD AC
�ic�k-&V--- By;
Engineer (Authorized Signature)
Contract Times with all approved Change Orders:
Substantial completion (days or date): 11/12/2016
Ready for final payment (days or date): 7/14/2017
Owner (Authorized Signature)
Date: 7 (0 ,/7 Date:
Approved by Funding Agency (if applicable):
M
Date: ` Ili, N«
Date:
EJCDC-1898-Inge order
Prepared by Die Engineers Joint Con hact Documents Cmnmilice and endorsed by Ote Construction Specifications Inslinuc.
Pape 1 of 2
Signature)
June 28, 2017
City of Mound
c/o Dan Faulkner
Bolton & Menk
2638 Shadow Lane
Chaska, MN 55318
RE: 2016 STREET, UTILITY & RETAINING WALL IMPROVEMENT PROJECT
Mound, MN RCCJob#1056
Dear Dan:
Please accept this letter as our request for extension to the completion date of June 30, 2017
on the above referenced project due to the following reasons.
m Time spent on discussing pavement correction
• Weather delays
We are requesting the extension be granted until July 14, 2017 to allowfor time to complete
the pavement correction.
Thank you for your time on this matter. Please do not hesitate to contact me with any
questions.
Respectfully submitted,
Michael E. Holasek
Vice President
/bt
26480 France Ave • P.O. Box 246 < Elko New Market, Minnesota 55020 .952-894-3200 o Fax: 952-894-3207
oAW
Real People. Real Solutions.
July 5, 2017
Honorable Mayor and Members of the City Council
City of Mound
2415 Wilshire Boulevard
Mound, MN 55364
RE: 2017 Street, Utility and Retaining Wall Improvement Project
Change Order No. 1
City Project Nos. PW -17-01
Dear Mayor and Council Members:
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: t9521 448-8838
Fax: 19521448-8805
Bolton-Menk.com
Attached is Change Order No. 1 which increases the contract amount by $9,625.00 and adds an
additional item, Extra Work — 2274 Westedge Blvd Hydrant, to the list of contract items. This is
in response to the city staff request for a proposal from the contractor to complete this work very
soon due to the operational malfunction of the hydrant.
We have reviewed the contractor's proposal and recommend approval. Attached is a Resolution
approving Change Order No. 1.
Sincerely,
Bolton & Menk, Inc.
Daniel L. Faulkner, P.E.
City Engineer
Bolmn & Menk—
CITY OF MOUND
RESOLUTION NO. 17 -
RESOLUTION APPROVING CHANGE ORDER NO. 1, 2017 STREET, UTILITY & RETAINING WALL
IMPROVEMENTS —CITY PROJECT NO. PW -17-01
WHEREAS, Resolution 17-51 awarded the contract for the 2017 Street, Utility and Retaining Wall
Improvement Project to Park Construction Company (Contractor) in the amount of $3,247,178.52; and
WHEREAS, the City has requested a quote from the Contractor for the replacement of a malfunctioning
hydrant and gate valve at 2274 Westedge Boulevard, which will add one item to the contract, Item 152 "
Extra Work — 2274 Westedge Blvd Hydrant" at a total cost of $9,625.00 to the current contract with the
Contractor; and
WHEREAS, Change Order No. 1 has been prepared, signed by the contractor and submitted to the
City for approval;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota:
That Change Order No. 1, attached to this Resolution, totaling $9,625.00 is hereby approved and
further, the new total contract amount is increased from $3,247,178.52 to $3,256,803.52; there is no
change to the completion dates.
Adopted by the City Council this 11t" day of July, 2017
Attest: Catherine Pausche, City Clerk
Mayor, Mark Wegscheid
-1901-
EXEI C
CHANGE IN CONTRACT TIMES
[note changes in Milestones if applicable]
C N.11U. 10I11 COMPACT
_ODLL TT L01.I I.iR_i__EE__
Original Contract Times:
Substantial Completion: November 3. 2017
$ 3,247,178.52
Ready for Final Payment: June 29, 2018
Change Order No. 1
Date of Issuance:
6/29/2017
Effective Date:
4'''^�'^^'r',- Mi/20 "1
Owner:
City of Mound
Owner's Contract No.:
Substantial Completion:
Contractor:
Park Construction Co.
Contractor's Project No.:
Engineer:
Bolton & Menk, Inc.
Engineer's Project No.:
C17.112393,
Substantial Completion:
$ 3,247,178.52
Ready for Final Payment:
017.112394, 017.112395
Project:
2017 Street, Utility & Retaining Wall
Contract Name:
[Increase) [Decrease] of this Change Order:
Improvements
$9,625.00
Ready for Final Payment: No Change
The Contract is modified as follows upon execution of this Change Order:
Description: The hydrant and gate valve at 2274 Westedge Boulevard does not function properly, requiring
replacement as soon as possible, and shall be replaced for $9,625.00, including restoration. This shall be paid
under Miscellaneous as added item 152 "EXTRA WORK -2274 WESTEDGE BLVD HYDRANT".
Attachments: Quote.
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIMES
[note changes in Milestones if applicable]
Original Contract Price:
Original Contract Times:
Substantial Completion: November 3. 2017
$ 3,247,178.52
Ready for Final Payment: June 29, 2018
days or dates
[Increase] [Decrease] from previously approved Change
[increase] [Decrease] from previously approved Change
Orders No. _ to No. _
Orders No. _ to No.
Substantial Completion:
$
Ready for Final Payment:
days
Contract Price prior to this Change Order:
Contract Times prior to this Change Order:
Substantial Completion:
$ 3,247,178.52
Ready for Final Payment:
days or dates
[Increase] jPeerease} of this Change Order:
[Increase) [Decrease] of this Change Order:
Substantial Completion: No Change
$9,625.00
Ready for Final Payment: No Change
days or dates
Contract Price incorporating this Change Order:
Contract Times with all approved Change Orders:
Substantial Completion: November 3. 2017
$ 3,256,803.52
Ready for Final Payment: June 29. 2018
days or dates
ECOMM DED'.
By:
Engineer (if required)
Tltle: C^r r AL'C—i Title:
Date: 5 I Date:
Approved by Funding Agency (if applicable)
By:
Title:
ACCEPTED:
Owner (Authorized Signature)
Title:
Date:
Date:
EJCDC® C-941, Change Order.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Signature)
A KY -;, S Ame i)
CONSTRUCTION COMPANY, LLC
June 20, 2017
Park Construction Company
1481 81st Avenue NE
Minneapolis, MN 55432
Attention: Steve
Regarding: Hydrant removal/replacement at 2274 West Edge
Dear Sir:
Our proposal would include the equipment, labor and material necessary to do the following:
Remove existing hydrant and gate valve
Install new hydrant and gate valve
Seed and blanket disturbed area
ourprice would be................................................................................................$ 8750.00
(Eight Thousand Seven Hundred Fifty Dollars and No Cents)
The following are not included:
Dewatering(beyond sump pumps)
Sprinkler repair
Blacktop removal/replacement(should not be needed)
Curb removal/replacement(should not be needed)
Fence removal/replacement
nc ,rely, GENERAL CONTRACTOR 10% MARKUP .....$875.00
TOTAL.. ........ ........ -- .............. .......................$9625.00 �d
Jason Kusske
President
-1903-
424 Chestnut Street Suite 204 Chaska, Minnesota 55318 Phone 952-448-3321 Fax 952-448-3774
Real People. Real Solutions.
July 6, 2017
Mr. Eric Hoversten, City Manager
City of Mound
2415 Wilshire Boulevard
Mound, MN 55364
RE: Project related pay requests
Dear Mr. Hoversten:
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: (952) 448-8838
Fax: 19521448-8805
Bolton-Menk.com
Please find enclosed the following three project related pay requests which have been reviewed
and are in accordance with proposals and/or project cost budgeted items. I recommend payment
of these requests.
1. Norling Lake Minnetonka Landscapes, Inc. - $2,383.50 for landscape repair work at 4515
Manchester: 2016 Street Reconstruction project — Tuxedo Blvd. (PW -16-02)
2. Gaylen Thostenson - $502 for landscape repair work items at 5024 Bartlett Blvd,
purchased and completed by homeowner: 2016 Street Reconstruction project — Bartlett
Blvd. (PW -16-01)
3. Xcel Energy - $1,830.00 for installation of two lights on Lynwood Blvd, per approved
MSA plans: 2017 Street Reconstruction project — Lynwood Blvd. This is a pre -payment
along with a Construction Agreement that needs to be signed by the City Manager. (PW -
17 -01)
Sincerely,
Bolton & Menk, Inc.
Daniel L. Faulkner, P.E.
City Engineer
Bolton & Menk
Gj2t�lr7 g
Lake Minnetonka Landscapes, Inc.
P. O. Box 361, Spring Park, MN 55384
Phone: 952-471-0255 FAX: 952-471-1181
BILL TO
City of Mound
2415 Wilshire Boulevard
Mound, MN 55364
ATTN: Mr. Dan Faulkner, Sr. Project Mgr.
DATE INVOICE #
6/22/2017 32776
-1905-
TERMS
JOB#
NET 30
8740
QUANTITY
DESCRIPTION
RATE
AMOUNT
LANDSCAPE CONSTRUCTION - 4515 Manchester/Almquist
(costs as quoted)
Labor equipped with tools and truck (2 men, 6 hrs ea)
840.00
840.00
(acutal hours - 2 men, 7 hrs ea)
Western Cedar Mulch
490.00
490.00
(21)Hosta
262.50
262.50
(12) Lilac
696.00
696.00
Irrigation -truck and operator (I hr)
95.00
95.00
(Homeowner left town and would not be able to water)
1.5% finance charge on balances over 30 days.
Please write Job Number on check.
Total $2,383.50
-1905-
I�P��v wl
®� June 27, 2017
To: Eric Hoversten
City Manager
Director of Public Works
2414 Wilshire Blvd.
Mound, MN 55364
From: Gaylen Thostenson
Homeowner
5024 Bartlett Blvd.
Mound, MN 55364
Subject: Replanting Perennials and Replacing Ornamental Boulders
Bartlett Blvd.
Greetings Eric;.
On May 11th, my wife and I had a very positive conversation with Pat Schroepfer
(Project Inspector) from Bolton & Menk regarding the finishing Cf the project of
the great upgrading of Bartlett Blvd., improvement and replacement of
infrastructure and repairing our lawn abutting Bartlett.. We specifically discussed
how the work (mostly my wife) and I replanting plants, replacing ornamental
boulders and repairing the lawn adjacent to our house. The Ryan Co. needed to
re -arrange soil and any plants we weren't able to remove last summer, in order to
complete their project. We definitely realize the importance of street surface
replacement, upgrading of sewer, water and gas lines. We applaud the City of
Mound for the necessary improvements.
I asked Pat if it would be possible for us to receive reimbursement for the
expenses we have encountered. He said we should submit the information to
you, including our work time. We have decided to only submit receipts for
perennials, ornamental blue boulders and black mulch. Please note the list
below:
-1906-
Date
Purchased Items
Vendor
Cost
5.2.17
(6) Lucerne Perennials
Home Depot
$58.00
5.2.17
(10 Lucerne Perennials
Home Depot
96.00
5.4.17
(11) Blue Ornamental bould.
Otten Bros.
30.00
5.4.17
(10) Firewitch Perennials
Mustard Seed
130.00
5.4.17
(6) Firewitch Perennials
Mustard Seed
68.00
5.5.17
(9) Dianthus Perennials
Home Depot
32.00
5.6.17
(12) Blue Ornamental bould.
Otten Bros.
16.00
5.10.17
(4) bags black mulch
Home Depot
13.00
5.11.17
(6) bags black mulch
Home Depot
19.00
5.11.17
(1) bag black mulch Md. True Value Hdwe.
4.00
5.13.17
(2) bags soil Md. True Value Hdwe.
12.00
5.13.17
(4) bags black mulch Md. True Value Hdwe.
13.00
5.13.17
(3) bags black mulch Md. True Value Hdwe.
11.00
Total: $502.00
Pat mentioned that Norlings Landscaping will be finishing the work on the corner
of Avon and Bartlett where the white drainage pipe is located. Norlings probably
won't get at this work until end of May or the first week of June, as per Pat.
We would be pleased with whatever amount you may feel comfortable
reimbursing us for the above mentioned items.
Thank you for the opportunity for my wife and I to work with you and Pat.
Please note: Our email address : gwthost@mchsi.com
-1907-
XcelEnergy
Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
Construction Agreement
For Street Lighting Facilities
The ("Customer") and Northern States Power Company, a Minnesota Corporation d/b/a Xcel Energy ("Xcel Energy"
or "Company") agree to this Construction Agreement for Street Lighting Facilities, including the attached Terms and
Conditions, for the following street light facilities:
Customer: City of Mound
Address: 2415 Wilshire Boulevard
City: Mound State: MN Zip Code: 55364
Project charges of: Eighteen hundred thirty dollars no/100 Dollars: $1,830.00
In accordance with the following terms of payment: Payment for the street light project is due prior to
construction starting
For Association or City of: Mound, MN
Streetlights/Facilities Location: Lynwood Boulevard
Rate Code: A30 -C
Service consisting of:
Installation of Company Owned streetlight facilities consisting of:
Designation of Lamps:
Number of Luminaries:
Installation of 2 — C rated LED cut-off cobra fixtures on 30'
2
direct buried fiberglass poles.
Moving the following Company Owned street light facilities to a
new location: Project charges valid for 60 days from signing of
contract.
Construction process valid for 30 days from:
Customer and Xcel Energy agree to the attached terms and conditions for the installation and moving of the facilities
identified above. Customer and Xcel Energy agree that the operation of the newly installed or moved facilities shall be
subject to the General Street Lighting Contract for Operations & Maintenance Services between Customer and Xcel
Energy.
Dated this 30th day of _June 2017 Dated this day of
Customer: Xcel Energy
By: By:
Mary J. Woolf, Director Business
Title: Title: Operations — Minnesota as authorized
agent for Northern States Power Co.
XCEL ENERGY USE ONLY Date: Div:
XceI Ener Outdoor Lighting Consultant : Randy Kemnitz
Xcel Energy Project Number:
Customer Charges Paid:
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
A, gust 2006
-1908-.ge 1 of 5
Outdoor Lighting
825 Rice Street
St, Paul, MN 55117
TERMS AND CONDITIONS
Customer and Company agree to the following terms and conditions:
1. Acceptance. Execution of this Agreement constitutes Customer's acceptance of the express terms of Company's
proposal and the offer contained therein, which are included and incorporated into this Agreement. Any additional
or different terms proposed by Customer, or any attempt by Customer to vary in any degree any of the terms in this
Agreement in Customer's acceptance, are hereby objected to and rejected, and (i) such additional or different terms
shall not operate as a rejection of the incorporation of the Company's proposal in this Agreement unless such
variances are with respect to terms involving the description, quantity, or delivery schedule of the Work to be
performed by Company as described in Company's proposal ("the Work" means the supplying of any labor,
materials, or any other work of Company expressly described in Company's proposal); (ii) such additional or
different terms shall be deemed a material alteration hereof, and (iii) Company's proposal shall be deemed
accepted by Customer and incorporated into this Agreement without said additional or different terms.
2. Request for Installation; Rights. Customer requests that Company install outdoor fighting at the location(s)
designated on page one and/or as shown on the attached exhibit. Customer grants Company any right, privilege
and easement to install, operate and maintain its facilities, including underground facilities, on the property.
3. Installation Requirements. Customer agrees that, prior to Company starting work: (1) the route of Company's
service installation shall be accessible to Company's equipment; (2) Customer will remove all obstructions from
the route at no cost or expense to Company; (3) Customer will clearly mark all septic tanks, drain -fields, sprinkler
systems, water wells, owner -installed electric or pipeline facilities, or other Customer -owned facilities in the
installation route; and (4) the ground elevation along the route shall not be above or more than four inches below
the final grade. Company will contact the appropriate agency to locate 3 I party utility facilities (phone, cable,
etc.) on Customer property. Customer agrees Company is not responsible for damage to Customer -owned
underground facilities not marked at the time of outdoor lighting service installation.
4. Installation Cost Contribution. Customer agrees to pay an installation cost contribution provided in Project
Charges on page one. Customer is responsible for any additional installation costs incurred by Company
because of (1) soil conditions that impair the installation of underground facilities, such as rock formations, etc.,
and (2) sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route,
such as extensive existing underground facilities, etc.
5. Winter Construction. Charges. When underground facilities are installed between October 1 and April 15,
inclusive, because of failure of Customer to meet all requirements of the Company by September 30, or because
the Customer's property, or the streets leading thereto, are not ready to receive the underground facilities by
such date, such work will be subject to a Winter Construction Charge when winter conditions of six inches or
more of frost exist, snow removal or plowing is required to install service, or burners must be set at the
underground facilities in order to install service for the entire length of the underground service. Winter
construction will not be undertaken by the Company where prohibited by law or where it is not practical to install
underground facilities during the winter season. The charges apply to frost depths of 18" or less. At greater frost
depths, the Company may individually determine the job cost. The Company also reserves the right to charge
for any unusual winter construction expenses. All winter construction charges are non-refundable and are in
addition to any normal construction charges.
6. Schedule; Delays. Quoted shipping and completion dates are approximate and are based on prompt receipt of
all necessary information and approvals from Customer and access as required by Company and its contractors
or subcontractors (if any) to the site and to the equipment which is the subject of this Agreement. If Company's
performance is delayed by Customer's suspension of work, in whole or in part, or by any act or omission of
Customer, the time for performance will be extended by the period of time required by Company to return to the
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
A, -q ust 2006
-1909-ge 2 of 5
Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
state of performance that existed before the delay. If the delay or suspension continues for sixty (60) days,
Company has the right to cancel or renegotiate the Agreement. customer will pay an equitable adjustment based
on a claim submitted by Company for all reasonable costs, damages and expenses incurred by Company incident
to the delay or suspension.
7. Changes. The prices for any extras or changes to the scope of the Work or modifications to the payment or
performance schedule will be agreed upon in writing before either party will be obligated to proceed with such
changes. Performance of any change will not waive any claims for equitable adjustment in price or schedule.
8. Relocating Facilities. Customer agrees to pay the cost of relocating any portion of facilities, including
underground facilities, to accommodate Customer or as required due to altering of grade, additions to structures,
installation of patios, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping or any other
condition which makes maintenance of the Company's facilities impractical.
9. Environmental. Prior to the start of the Work, Customer will provide notice of any hazardous materials or
hazardous situations that it is aware of with respect to the facilities where the Work is to be performed or that
could affect the Work. In the event Company encounters the existence of asbestos, asbestos containing
materials, formaldehyde, lead, or potentially toxic or otherwise hazardous material in the performance of the
Work, the discovery thereof shall constitute a cause beyond Company's reasonable control and Company shall
have the right to cease or not commence the Work until the area has been made safe by Customer or
Customer's representative, at Customer's expense.
10. Restoration. Company will restore any excavation of the boulevard on Customer's property with existing soil so
it is level and clean. Customer is responsible for the final compacting, loam, seeding, sod or watering of the
boulevard at Customer's expense unless otherwise noted on page one of this Agreement.
11. Additional Charges. In addition to the project charges on page one of this Agreement, Company shall be
compensated for any added costs of performing the Work attributable to any one or more of the following: (i) any
and all extras and change orders and any and all other additional work mutually agreed by Customer and
Company; (ii) any and all costs and expenses related to asbestos or other environmental matters, any
unforeseen conditions or any changes in the law; and (iii) any and all added costs and expenses of performing
the Work attributable to any change by Customer in the criteria or information for the facility or to any delay or
breach by Customer or its subcontractors.
12. Operations; Maintenance. Customer requests and authorizes Company to provide illumination and maintain
the street lighting facilities under the Terms and Conditions as described in Customer's General Street Lighting
Contract for Operations & Maintenances Services with Company, which shall be effective upon the completion
date of the street light installation.
13. Payments. Unless otherwise specified in Company's proposal, Company may at its option invoice Customer upon
completion of the Work or invoice Customer on a monthly basis for construction work performed under this
Agreement. Customer shall pay Company all invoiced amounts within thirty (30) days of receipt of invoice.
14. Termination. Customer may terminate the Agreement only upon written notice to Company and payment to
Company for all (i) services and Work rendered or performed to the effective date of such termination; (ii)
materials, supplies and equipment purchased prior to the effective date of such termination; and (iii) costs
incurred by Company as a result of such termination.
15. Warranties. Company shall perform the Work in a safe and professional manner in accordance with all applicable
codes, standards, regulations and laws. Company shall repair, replace or correct to Customer's satisfaction all
faulty or substandard work or defects in materials which appear within ninety (90) days from the date of completion
of the Work. Acceptance of the Work or payment by Customer shall not affect this obligation. THE WARRANTIES
SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL STATUTORY OR IMPLIED
WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE).
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
August 2006
-1910age 3 of 5
ce Energy
Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
16. Limitation of Remedies. IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL COMPANY BE LIABLE TO
CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE. In no event whatsoever shall
Company ever be liable to Customer for any damages or other amounts (including, without limitation, direct or
actual damages), whether arising in contract or tort (including, without limitation, negligence) or otherwise, under or
in connection with this Agreement or the Work, in an amount, in the aggregate, in excess of the total price paid for
the Work; any and all claims for damages in excess of such amount being hereby forever waived and released by
Customer; provided, however, that nothing contained in this sentence shall waive or limit any direct damages which
Customer may suffer on account of Company's gross negligence or willful misconduct.
17. Force Majeure. Neither party will be liable to the other for any delay or failure to perform due to any cause beyond
its reasonable control, including fire, flood, strike or other labor difficulty, act of God, or act of any governmental
authority. The party experiencing the force majeure will notify the other party promptly, and appropriate
adjustments will be negotiated. In the event of delay in performance due to force majeure, the date of delivery or
time for completion will be extended by a period of time reasonably necessary to overcome the effect of such
delay, provided that if such delay continues for 60 days the party not experiencing the force majeure may
terminate this Agreement.
18. Document Approval. Company may request that Customer review documents developed by Company for
conformity with Customer requirements or specifications. Unless Customer advises Company otherwise in
writing within fifteen (15) days after Company's submission, Company may consider the documents approved
and proceed with work. Changes thereafter, made at the direction of Customer, will entitle Company to
adjustment by change order.
19. Documentation and Proprietary Information. Customer will provide Company with accurate and complete
information in order to permit Company to successfully undertake and complete the Work. Company shall not be
prohibited from disclosure or use of proprietary or confidential information or documents necessary for Company to
secure or maintain in effect any license or permit, or otherwise to complete the Work. Where Customer information
is incomplete or incorrect, resulting in delay or extra work, Company will be entitled to adjustment by change order.
20. Work Product. All reports, drawings, plans, specifications, calculations, studies, software programs, tapes,
models and memoranda, if any, assembled or prepared by Company or Company's affiliates, independent
professional associates, agents, consultants, contractors or subcontractors pursuant to this Agreement are
instruments of service in respect of the Work, and Company shall retain all ownership and property interest
therein, whether or not the Work is completed. Customer may make and retain copies for information and
reference in connection with the Work; provided, however, that it is understood and agreed that such documents
are not intended to be re -used by Customer or others on extensions of the project or on any other project or any
other purpose other than as expressly set forth in this Agreement, and Customer shall not re -use or disclose to
any third party all or any portion of such work product without the express prior written consent of Company.
21. Customer Facilities. Company does not assume any responsibility for the adequacy, safety or satisfactory
performance of Customer's facilities. Customer shall, to the fullest extent permitted by law, indemnify, defend
and hold harmless Company and its officers, directors, agents, employees, and representatives from and against
any and all losses, claims, damages, expenses (including attorneys' fees and costs) arising, for any reason
whatsoever, out of the failure, non -operation or faulty performance of Customer's facilities (except to the extent of
Company's gross negligence or willful misconduct).
22. Subcontracting. Company may subcontract any portion or all of the Work without the approval of Customer.
23. Independent Contractor. Nothing contained in this Agreement nor any acts of the parties shall be construed to
create the relationship of principal and agent, or of limited or general partner, or of joint venture or of any
association between or among the parties to this Agreement, except that of owner and independent contractor.
24. Title; Rights of Access_ Customer warrants that it has fee simple title to the property. Customer hereby grants
to Company the right to enter and improve the real property for the purposes stated herein.
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
August 2006
_1911_3ge 4 of 5
c/Energy
Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
25. Ownership. Customer shall acquire no right, title or interest in any portion of the Work or Company's equipment
or facilities placed in, on, over, through and/or under the real property by Company. The Work constructed and
installed by Company on the real property of Customer shall be and mean the personal property of Company,
shall not be considered a fixture of the property, shall not attach to the realty, and shall not be alienable or
lienable by Customer or any other party. Further, Company may remove, repair and replace the Work and its
component system and equipment at any time without notice in Company's sole and absolute discretion.
26. Other. It is agreed that failure by Customer or by Company at any time or from time to time to enforce any of the
provisions of this Agreement shall not be construed to be a waiver of such provision or of Customer's right or
Company's right, respectively, to thereafter enforce each and every provision hereof. This Agreement contains,
with respect to the specific services to be performed by Company, the entire understanding of the parties, and
shall supersede any other oral or written agreements and be binding upon and inure to the benefit of the parties'
successors and assigns. This Agreement may not be modified in any way without the written consent of both
parties. If any provision of this Agreement is determined by a court to be unenforceable, then such provision will
be deemed null and void but the remaining provisions shall be enforceable according to their terms. This
Agreement shall be construed and interpreted in accordance with the internal laws of the State of Minnesota (as
opposed to conflicts of laws provisions) as though all acts and omissions contemplated hereby or related hereto
occurred in Minnesota. No course of prior dealing, usage of trade and course of performance shall be used to
modify, supplement or explain any terms of this Agreement. Neither Party will assign or otherwise transfer its
rights or obligations hereunder, in whole or in part, without the advance written consent of the other.
Notwithstanding the above, Company may assign its rights or obligations to any of its affiliates without the written
consent of Customer.
27. Governing Law. The Terms and Conditions provided herein and the rights of all the parties hereunder shall be
construed under and governed by the laws of the State of Minnesota.
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
August 2006
-1'912-age 5 of 5
2415 Wilshire Boulevard
Mound, MN 55364
(952)472-0604
MEMORANDUM
To: Honorable Mayorand City Council
From: Sarah Smith
Date: July 5, 2017
Re: July 11, 2017 City Council Consent Agenda Item - Public Gathering Permit and Musical
Concert Permit for 2017 Westonka Community & Commerce Dog Days
Overview. Karen King, on behalf of Westonka Community & Commerce (WCC), has submitted a
Public Gathering Permit application for the 2017 Dog Days annual event to be held on Auditors Road
and surrounding vicinity of the Harbor District in downtown Mound on Saturday, August 12, 2017
from 9:00 a.m. to 2:00 p.m. Details about the upcoming event are outlined in the permit application
and supporting materials that were submitted by the applicant. Some highlights about the event are
summarized below:
• The 2017 Dog Days special event will be similar to past years and includes the "Splash for
Cash" dogjumping competition again this year.
• Expected attendance is 300+ people.
• Estimated cars at the event is approximately 200+. Staff anticipates parking will take place in
the Transit District (surface and parking deck). Event attendees may also walk or bike to the
event.
• One (1) portable, accessible restroom is being provided for the event. Public restrooms are
available in the Transit District next to the Dakota Regional Trail.
• Auditors Road will be closed for the event and during set-up and tear down activities.
• The certificate of insurance was submitted for the event and was approved by Staff.
Comments.
• A reduced fee of $150.00 is recommended because this community event serves a public
purpose and benefits Mound.
Staff notified Mound Staff and involved agencies about the upcoming event. Applicant is
responsible for contacting the Orono Police Department, the Mound Fire Department, and
the Public Works and Parks Department regarding the event, including coordination activities
and personnel/equipment needs; also any involved agencies (i.e., Hennepin County
Transportation, Hennepin County Environmental Health, the Three Rivers Park District, etc.).
A temporary sign permit was submitted for the event and includes the use of special event
yard signs, banners and an over- the -road sign to be hung on Bartlett Boulevard.
-1913-
o A live music permit is not required as the event is taking place during the day.
® An open sided tent(s) will be used at the event. No heater(s) will be in the tent(s).
Recommendation: Staff recommends approval of the requested Public Gathering Permit for the Dog
Days event, subject to the following conditions:
1. Applicant shall submit a final site plan for review and approval prior to release of the
Public Gathering Permit.
2. Applicant shall be responsible for procurement of all required public agency permits
that are needed to hold the event (i.e., the Hennepin County Transportation
Department, the Three Rivers Park District etc.) Applicant is also required to
for ensuring that all vendors (i. e., food vendors, etc.) have all of the required permits
needed, including, but not limited to, a temporary food permit from Hennepin County
Environmental Health.
3. Applicant shall be responsible for obtaining a temporary sign permit, including
payment of involved fee(s). Special event signage shall be subject to the provisions of
Code Section 119-(i) (6). Applicant is responsible for removal of all signage following
the event.
4. Applicant shall work with the Orono Police Department, the fire Department, and
and the Public Works Department regarding logistics for the upcoming event
including, but not limited to, equipment and personnel needs, site set-up and
staging, traffic/pedestrian control and circulation, road closure, etc. Applicant is
responsible for payment of fees for public safety or public services that may apply.
5. Amplified music, speakers and PA/sound systems are to be directed in the
direction best suited to minimize impact upon neighbors.
6. Applicant shall be responsible for obtaining all required agency permits required for
the event and shall provide copies of all said permits to the City prior to the issuance
and release of the Public Gathering Permit.
7. A reduced fee of $150.00 shall be charged for the event.
8. The portable restroom being provided for the event is required to be ADA compliant.
9. Applicant shall be in contact with the Mound Farmers' Market & More to inform
them of the upcoming event.
o Page 2
-1914-
A (draft) resolution, based on Staffs recommendation, has been prepared for the Council's
consideration/action.
® Page 3
-1915-
CITY OF MOUND
RESOLUTION NO. 17 -
RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND OUTDOOR
MUSICAL CONCERT PERMIT FOR 2017 DOG DAYS SPECIAL EVENT WITH A
REDUCED FEE DUE TO PUBLIC PURPOSE OF GATHERING
WHEREAS, on December 13, 2016, the City Council of the City of Mound adopted
Resolution 16-169 to establish its Fee Schedule for 2017 ("Fee Schedule"); and
WHEREAS, the Fee Schedule set a Public Gathering Permit Category I Location Fee at
$300 per day and the Damage Deposit at $500 per day; and
WHEREAS, the Fee Schedule set the Musical Concert Fee at $50 per day unless a
Public Gathering Permit Fee is being paid; and
WHEREAS, Karen King, on July 5, 2017, submitted Public Gathering Permit and Musical
Concert Permit applications, on behalf of Westonka Community & Commerce, for the 2017 Dog
Days special event being held on Saturday, August 12, 2017 in the vicinity of the Harbor District in
downtown Mound; and
WHEREAS, City Staff has reviewed said application and has recommended reasonable
conditions to protect the public's investment in its public parks and commons areas as set forth in
the Staff Memorandum to the City Council dated July 5, 2017 ("Conditions"); and
WHEREAS, the City Manager and City Staff desire to waive a portion of said fee and to
charge a reduced fee of $150 for the proposed gathering because it is a special event that benefits
the community as a whole, it requires an extremely limited amount of city expenditures, and the
primary objective of the event is not to benefit a private interest but rather to showcase the
economic, recreational, and residential opportunities and amenities located within the City of
Mound as a whole and within the geographic area of the proposed public gathering.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as
follows:
1. The recitals set forth above are incorporated into this Resolution.
2. A reduced fee of $150 is in the public interest due to the overwhelming public benefits
and extremely limited demands on city resources arising from the 2017 Dog Days
special event.
3. The Public Gathering Permit and Musical Concert Permit for the 2017 Dog Days special
event is hereby approved with Conditions.
4. The signage plan for the 2017 Dog Days special event is approved.
-1916-
Passed by the City Council this 11th day of July, 2017.
Attest: Catherine Pausche, Clerk
-1917-
Mayor Mark Wegschied
CITY OF MOUND
2415 WILSHIRE BLVD.
MOUND, MINNESOTA 55364
PUBLIC GATHERING PERMIT
Use of a public park, streets or rights of way by any group consisting of 15 or more individuals.
Use is not to interfere with traffic and general use of the public lands or to be beyond the ability of
the police in maintaining order.
NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS.
Group is to remove all litter and trash and provide a deposit to insure cleaning up of the public lands.
Category I Locations (Surfside Park, Greenway, Centerview and Parking Deck)
PERMIT FEE: $300/DAY DAMAGE DEPOSIT: $500/DAY*
Category II Locations: Other parks (neighborhoods, veterans parks)
PERMIT FEE: $50/DAY DAMAGE DEPOSIT: $200/DAY*
A certificate of insurance naming the City of Mound as Certificate Holder/Additional Insured
is required with respect to the City's ownership of the public lands. The permit holder must
waive their right to subrogation in favor of the certificate holder.
Date(s) of Use
Area to be Used 1i74 L2: (C� 1 uL iUi� _' 1 j 6j
Time Frame _41— rC pl-ki
Intended Use
Expected Attendance _ C
Organization
Representative's Names
Address �' X %'�i Gi ( L/S/ 7 ✓� l/, ti/- r\' / /
Telephone No. Daytime: 7//( j C Work:
E -Mail: ,41 f A/
Departmental Approval
City Clerk Police Dept.
Public Works Dept. -1918- Fire Dept.
$100/day
Date of Musical Concert
LICENSE #
CITY OF MOUND
2415 WILSHIRE BLVD.
MOUND, MINNESOTA 55364
MUSICICAL CONCERT PERMIT APPLICATION
(Including, but not limited to, live music, music provided by a disc jockey, and/or any type of amplified
music)
EVENT:
LOCATION OF MUSICAL CONCERT:
�'tI��CEti0
TYPE OF MUSICICAL CONCERT:�y(ii
TIME PERIOD OF MUSICAL CONCERT cm
(HOURS PERMITTED: Mon - Sun: 7:00 am - 10:00 pm)
REQUESTED EXTENSION OF HOURS:
(Council approval must be received to conduct a musical concert after 10:00 pm)
A certificate of insurance naming the City of Mound as Certificate Holder/Additional Insured
is required with respect to the City's ownership of the public lands. The permit holder must
waive their right to subrogation in favor of the certificate holder.
APPLICANT: CONTACT:
ADDRESS:' %G ✓vi'I/ ADDRESS:
E-MAIL
/I HONE #: WORK PHONE
v
Date Applicant's Signature 6
Department Review
Approved Denied
Police Dept.
Adm.
Fire Dept.
-1919-
5
,•OSA qd
_
Westonka Community & Commerce is proud to present the 2017 Dog Days Westonka which is our summer
event to celebrate the Dog Days of Summer. An event of activities for your pets and pet lovers. The event will
be held at the Mound Harbor District between Auditors Road and Shoreline Drive in Mound and start at 9:00
AM and go through 2:00 PM.
The day will feature lots of fun activities and booths for both dogs and people. Events include Blessing of the
Animals, Hennepin County K-9 Demonstration, Pet'Olympics dog competition to include: Costume Parade and
Cutest Puppy Contest, Musical Sit and "Splash for Cash". Anyone can enter their dogs in "Splash for Cash" to
have a chance to compete in the championship where your pet will be award cash prizes for Gold, Silver and
Bronze medals. Besides these events there will also be a variety of booths for attendees to visit such as Nail
Trims, a hydration station and pet photos. Food and Beverage will also be available for purchase.
The event is free and entirely run by volunteers. Of course, dogs on leashes are welcome and owners are
responsible for picking up after their dogs.
Westonka Community & Commerce will be collecting Food & Cash donations to benefit:
Hennepin County K -9's that service our community
+S Westonka Food Shelf & WeCAN
Doggie Poo Stations along the Dakota Rail Trail
Attached find Exhibitor/Vendor and Sponsorship Forms. Please complete and return prior to July 7`" to take
advantage of our print marketing and banners.
Looking forward to another fun event
Westonka Community & Commerce
Dog Days Committee
Westonkac
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2415 Phone
-06 0 und,Fax 52 55364 APPLICATION
Phone 952-472-0600 Fax 952-472-0620
Note: Any information supplied on this form will be considered public
according to the Minnesota Government Data Practices Act.
SITE
Property Address
Zone
Business Name
Phone
APPLICANT
Name
z
Email - ih �3�`% L
Phone '5, 45
Z 2 Q:�ff
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Other
OWNER
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Fax
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See City Code Chapter 119-4
❑ Seasonal Sign $25 - Dates from to Size feet x feet = sf
Message
Seasonal Signs - Seasonal signs of a temporary or portable nature may be used in the non-residential districts to
promote or advertise on -premise seasonal services or merchandise. Such signs shall be limited to a maximum of
thirty-two (32) square feet and shall not be left in place for more than a two (2) month period. Permits and fees
shall be required for all seasonal signs, and permits may be issued no more than two (2) times per calendar
year per business. I
®"Banner/Pennant $25 -Dates from�� to
Describe eventa
Sign locations (list or attach map)
Temporary banners and pennants employed for grand openings of business establishments, special events or
promotions and holidays are not exempt from permits and fees and shall be removed within thirty (30) days
upon permit issuance unless an alternate schedule is approved by the City Council. Temporary banners and
pennants are prohibited from being placed upon any decorative fencing unless the banner or pennant is used in
conjunction with a government, a quasi -public function, or similar -related special event. Permits for banners and
pennants can be issued no more than four (4) times per calendar year.
❑ Portable Sign (no fee) - Dates from
Sign locations (list or attach map)
Describe sign (message, materials, etc.)
to Number of signs
--1925-
Portable Signs used for the purpose of directing the public may be permitted under the following conditions:
(a) Said sign is coincidental to, or used in conjunction with, a governmental unit or quasi -public function;
and
(b) The period of use of said sign shall not exceed thirty (30) consecutive days; and
(c) Signs shall not be used more than four (4) times during a calendar year; and
(d) Signs shall be placed on the premises of the advertised event and/or on such other premises following
approval of a temporary sign permit by the City of Mound. Administrative approval of a portable sign permit is
permitted if the following conditions are met:
1. The sign is not being placed on public property.
2. Written permission from the property owner of record is provided if being located off -premises.
3. The criteria reference in subsections (a), (b), and (c) above are met.
4. The proposed location of the sign is reviewed and deemed acceptable by Mound Staff, which shall
include the Police, Planning, and Engineering Departments, based on the following criteria:
• The sign is not being placed in the road right-of-way.
• The sign does not obstruct the sight triangle for pedestrian or vehicular traffic.
• Placement of the sign does not create any potential traffic or other related hazard; and
(e) Portable sign placement on public property requires City Council approval; and
(f) Such signs shall require the issuance of a permit but will be exempt from all fees; and
(g) In the instance of a multi -use facility, only one seasonal sign may be placed on the premises at any one
time.
Applicants are advised that incomplete applications or insufficient information can delay the
processing of the permit request or may result in the application being rejected. Please fully complete
all involved sections of the application and provide as much detail as possible, including, but not
limited to, the proposed locations of signs, using addresses or landmarks, and written permission
from the property owner for off-site locations.
t
i
APP ANTS SIGNATURE 0 ATE
(OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS:
RECEIVED BY 8, DATE 7KED BY
EPPROVED BY &DATE
COPIED APPROVED
fzONING
-1926-
2017 Dog Days Westonka
Banners and Yard Signs
1. Carbone's Decorative Fence Facing Commerce Blvd
a. Approval from WAH & Carbone's and Carly Miller LS Capital
2. Westonka Animal Hospital
3. Shoreline Drive & Barttlet Blvd in front of the Welcome to Mound Sign
4. Shoreline Drive & Auditors Road
5. CR 110&CR 151
6. 110 & 44 over the street banner
Yard signs (approx. 40) will be placed throughout the community
-1927-
QTY ? 18' x 24' Digitally Printed Corro, 2 -sided
-1928-
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-1929-
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116 — TDT Riders
• 7 i;
166 different communities
36 Minnesota counties
• 19 States
-1934-
7/6/2017
EconomicImpact
A U of M Extension professor studied the economic
impact that biking events, organized rides and tours
generate statewide in tourism and recreational
spending.
The results....
$14.3 million in economic activity in 2015
• An average of $121 a day per participant
To oo Communities
aoa6
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43s
Minneapolis
3�43
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u5
9 Plymouth
n9
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6 Excelsior
S'
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so3B
Wayzata
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9 Edina
93
Maple Grove
90
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Total these Commvnities brought
ao36
m,, T: 4384
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Demographics
Male
%Male
Female
%Female
Total#
0-9 ears old
69
66%
35
34%
106
0-19 ears old
210
70%
91
30%
301
old
189
36%
149
44%
338
old
336
61%
205
39%
319
old
419
38%
30fi
42%
]23
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66%
346
36%
1031
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ff
336
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118
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636
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z
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S
22]9
64%
1261
36%
3340
T: 3006 2969
Youngest Rider: 5
Oldest Rider: 86
To
2016 Top 21- 40 Communities
a ap 60 Communities 2016 Total 2015 Rank
_ YI ootlbu
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33 ovN 33 E]
Ea MFo E9 30
35 IeNll 36 37
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2016
otal these Communitiez brought to Td
Male
%Male
Female
%Female
Total#
0-9 ears old
69
66%
35
34%
106
0-19 ears old
210
70%
91
30%
301
old
189
36%
149
44%
338
old
336
61%
205
39%
319
old
419
38%
30fi
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346
36%
1031
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ff
336
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118
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636
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53
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11
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64
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z
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1261
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3340
2017 Cities Traveled
Through
Chanhassen
Chaska
Deephaven
Delano
Eden Prairie
Excelsior
Greenwood
Independence
Long Lake
Mayer
Minnetonka
Minnetrista
Mound
Navarre
Orono
Shorewood
Spring Park
Tonka Bay
Victoria
Waconia
Watertown
Wayzata
Norwood -Young America
7/6/2017
To date. Tour do 11
Tonka has raised
almost
550,000
r the
$3,540
Donations from Rider Registration
$3,969
Same Day Donations (Ron Kamps' fishbowl)
$616
52 pounds of food (X $1.70 per pound)
$88
2076 TOTAL
$8,273
T: 3006 2969
ICA Foodahalf.
Annual Donation from TdT
Police and Fire
Departmei
$3,540
Donations from Rider Registration
$3,969
Same Day Donations (Ron Kamps' fishbowl)
$616
52 pounds of food (X $1.70 per pound)
$88
2076 TOTAL
$8,273
Norwood Young America Fire
II
Watertown Fire Minnetonka Police
Carver County Sheriffs Deephaven Police
Eden Prairie Police Minnetrista Police
Orono Police Plymouth Police
Wayzata Fire Delano Fire
Wayzata Police Wa<onia Fire
I Victoria Fire Excelsior Fire
Maple Plain Fire Long Lake Fire 'i`'ek
South Lake Minnetonka Police '�
Three Rivers District Park Police
West Hennepin Public Safety
-1935-
2
1 •.
Excelsior Elementary
NYA Legion Park
Crystal Bay
Chanhassen Bluff Cree.
Chaska Pioneer Park
Orono Trinity Lutheran Church
Mound Bethel United Methodist Church
Minnetonka Middle School East
Minnetonka High School
Waconia Brook Peterson Park
mmOmw
MINNETONKAe INVICTA
-1936-
7/6/2017
2017 Tour de Tonka All Rides
e
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Minnesota
ZMT-Afa-j—or bponsors
All
R RIC�EWATE �.4NK ® Park Dental
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MEMORIAL HEALTH
3
Youth
See vou there!
-1937-
1
Kate Raddat from WCCO N,
singing the National Anthem.
7/6/2017
RESOLUTION NO. 17 -
RESOLUTION EXPRESSING APPRECIATION TO
CITY ENGINEER DAN FAULKNER
WHEREAS, Dan Faulkner of Bolton & Menk has served the City of Mound as its City
Engineer from 2006 to 2017; and
WHEREAS, Mr. Faulkner has made the decision to retire from Bolton & Menk on July
14, 2017; and
WHEREAS, over time this longstanding relationship has resulted in a deep mutual
professional and personal respect between the City Council, the City Manager, other
City Staff, and Mr. Faulkner; and
WHEREAS, Mr. Faulkner can be credited as a pragmatic member of the Team that
drove Mound's street and utility improvement projects, leaving a proud legacy; and
WHEREAS, Mr. Faulkner's warm smile and sincere disposition always ensured that
there was a bit of lightness in the day to day work, even while deliberating over difficult
situations;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mound,
Minnesota, does wish to express its sincere appreciation to Mr. Dan Faulkner for his
service to the City of Mound over the years, and to wish him the very best in his
retirement.
Adopted by the City Council this 11th day of July, 2017.
Attest: Catherine Pausche, Clerk
-1938-
Mayor Mark Wegscheid
2415 Wilshire Boulevard
Mound, MN. 55364 MEEM (952) 472-0605
Memorandum
To: Honorable Mayor and City Council
From: Field Officer Stewart B. Simon5P
Date: July 6, 2017
Re: Regular Agenda Item 8: Hazardous Building Abatement Order for 4837 Bedford
Road
Summary.
Due to the present conditions of the dwelling located at 4837 Bedford Road, which is the result
of significant damage to the structure and accumulation of refuse in the living areas; which has
not been repaired, razed, or removed, the Building Official and Community Development Staff
have deemed the property to be a hazardous building or hazardous property under Minnesota
Statute § 463.15, Subd. 5.
BackgroundfTimeline.
➢ On June 19, 2015, Staff received a report from the Orono Police Department regarding
a property maintenance complaint, which were discovered during a welfare check at
the subject property.
On June 24, 2015, the Building Official performed an inspection of the exterior grounds
of the subject property. During this inspection, the following conditions: no landing for
the front patio door or guard rail to protect from falling from the second story, rotting
and unsecured railing on the front stairway, rotting and unsecured raised wooden
walkway at the front of the dwelling, no guard on a portion of the rear deck, rotting
boards on the rear deck, no stairway to the deck with a ladder used to provide access,
siding deterioration, siding delamination, siding separation from the building, holes in
the siding and exterior sheathing, and the northwest corner of the roof had separated
from the structure leading to probable water intrusion into the building envelope.
➢ On July 1, 2015, the Building Official notified the property owner and occupant that the
subject property was in violation of the International Property Maintenance Code
(IPMC). The Building Official requested the property owners provide access to the
interior of the dwelling for purposes of inspection, within ten (10) days. The property
owner and occupant did not respond to this letter.
On August 3, 2015, the Building Official sent a second letter to the property owner and
occupant, advising the property was in violation of the IPMC and requesting access to
the interior for purposes of inspection. The property owners were to contact the
Building Official within five (5) days to schedule the inspection and discuss plans to
repair the exterior of the structure. The property owner and occupant did not respond
to this letter.
-1939-
The Act affords the City two (2) options for abatement of hazardous buildings or properties:
1) Voluntary Abatement in a voluntary abatement, all owners of record, occupants, and
lienholders of record, enter into a signed agreement with the City, consenting to the
City taking any necessary actions to abate the hazardous conditions, with all incurred
costs charged against the property as a special assessment; all interested parties
waive all rights to appeal the special assessment. The Council may, as specified in the
Act, authorize the payment of the special assessment to be collected in five (5) equal
annual installments, at a set interest rate of eight (8) percent annually. A voluntary
abatement is commonly referred to as a Consent and Waiver Agreement.
2) Order to Abate. With an order to abate, the Council orders by Resolution, the owner
of the hazardous property or building to correct or remove the hazardous conditions or
raze or remove the building. The order, which must specify all required actions
necessary to correct the hazardous conditions and provide reasonable time for
compliance, is filed in district court. If the property owner fails to comply with or appeal
the order, the City can seek summary enforcement of the order by the Court. All costs
incurred by the City related to the order and enforcement, can be charged against the
property as a special assessment payable in a single installment, or recovered by
seeking a judgment against the property owner. in general, the costs associated with
an order to abate are higher than those with a voluntary abatement.
In the case of the subject property, the property owner has not responded to repeated
requests to abate the hazardous conditions present on the property and has not agreed to a
voluntary abatement, leaving an order to abate as the option of last resort. The subject
property is owned by Chelsea Tangen and occupied by Sandra Marie Stangland. According
to the certificate of title, there is a mortgage dated January 23, 2012, recorded against the
property.
Photographs documenting the extent of the hazardous conditions have been included with this
memo as Exhibit A.
Staff, in consultation with the Building Official and City Attorney, has drafted an Order for
Abatement of a Hazardous Building, which would be served upon the property owner,
occupant, and lienholders of record, requiring the abatement of the hazardous conditions on
the subject property within 20 -days of service.
The Order requires the abatement of the hazardous conditions by either removal of the
structure, or completion of the following:
1. Obtain assessment from a licensed structural engineer to determine what needs to be
done to remedy the numerous structural deficiencies of the dwelling including but not
limited to the front stairway, the rear deck, and the separation of the roof from the
northwest corner of the building;
2. Obtain permits and begin work on needed structural repairs according to the structural
engineer's assessment;
3. Install proper guardrails on all stairways and decks;
4. Replace all rotten boards on all stairways and decks;
5. Repair and/or replace all siding and exterior sheathing with holes;
Page 3 of 4
-1940-
6. Repair and/or replace missing and deteriorated siding;
7. Repaint existing siding that is in fair condition;
8. Make second -story patio door safe by either (a) installing a landing at the exterior, (b)
installing a guard to protect from falling if the door is opened and providing adequate
fall protection from the interior, or (c) removing the door and repairing the resulting
hole;
9. Ensure roof and flashing are sound, tight, and have no defects to admit water intrusion
into the dwelling;
10. Repair or remove unsafe light fixture installed at the basement stairs;
11. Remove all excess junk, garbage, and unnecessary articles from inside the dwelling;
and
12. Clean and sanitize the dwelling.
If the hazardous conditions are not abated within 20 -days of the Order being served, the City
will petition the court for summary enforcement, allowing the City to take corrective actions to
abate the hazardous conditions by either removing the structure or making the necessary
repairs to the property.
A copy of the Order to Abate has been included with this memo, as Exhibit C.
Recommendations.
Staff recommends the City Council take the following actions;
1. The City Council approve the attached Resolution ordering the abatement of
conditions creating a hazardous building existing at 4837 Bedford Road, in the
city of Mound, Minnesota 55364.
2. Execution of the Order for Abatement of a Hazardous Building by the City
Attorney, by serving on the property owner, occupant, and all lienholders of
record.
Page 4 of 4
-1941-
CITY OF MOUND
RESOLUTION NO. 17 -
RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A
HAZARDOUS BUILDING EXISTING AT 4837 BEDFORD ROAD, IN THE CITY OF
MOUND, MINNESOTA 55364
WHEREAS, the property located at 4837 Bedford Road, Mound, Minnesota, legally
described as
Lot 1, except the South 5 feet thereof-, Lots 2 and 3, Block 23, "Wychwood';
situated in Hennepin County, Minnesota
contains a single-family dwelling (the "Subject Property"); and
WHEREAS, Chelsea Tangen ("Owner") is the owner of the Subject Property; and
WHEREAS, Sandra Marie Stangland ("Occupant") is the occupant of the Subject
Property; and
WHEREAS, on June 19, 2015, the Field Officer for the City of Mound ("City") received
a report from the Orono Police Department regarding a property maintenance complaint at the
Subject Property which stemmed from a welfare check at the Subject Property; and
WHEREAS, the City Building Official performed an inspection of the exterior of the
building on the Subject Property on June 24, 2015 and found the following conditions: no
landing for the front patio door or guard rail to protect from falling from second story, rotting
and unsecured railing on front stairway, rotting and unsecured raised wooden walkway at the
front of the house, no guard on a portion of the rear deck, rotting boards on the rear deck, no
stairway to the deck with a ladder to access, siding deterioration, siding delamination, siding
separation from the building, holes in the siding and exterior sheathing, and the northwest corner
of the roof had separated from the building leading to probable water intrusion into the
building's envelope, as shown in photographs taken by the City Building Official attached in
Exhibit A; and
WHEREAS, the City Building Official sent a letter to the Owner and the Occupant
communicating his findings from the June 24, 2015 inspection on July 1, 2015 and requested an
inspection of the interior of the building; and
WHEREAS, the Owner and the Occupant did not respond to the July 1, 2015 letter or
subsequent requests from the City for inspection nor did the Owners take any corrective action
with regard to the exterior of the structure; and
WHEREAS, the Orono Police Department reported the Subject Property as being
potentially hazardous on November 16, 2016 to the City; and
-1942-
502651 v1 LBK MU200-202
WHEREAS, the City obtained an administrative search warrant for the Subject Property
on December 23, 2016; and
WHEREAS, the City Building Official and the City Field Officer inspected the Subject
Property on January 6, 2017 pursuant to the administrative search warrant; and
WHEREAS, the City Building Official found the following conditions during the
January 6, 2017 inspection: the landing at the top of the front exterior stairway did not have a
ledger board attached to the house, the landing also has an unsafe guard and was inadequately
supported, the raised wooden landing at the front of the house had rotting boards and had a guard
that was not structurally sound, the front stairway guard rail was rotting and was not fully
secured, no landing for the front patio door or guard rail to protect from falling from second
story, no guard on a portion of the rear deck, rotting boards on the rear deck, no stairway to the
deck with a ladder to access, exposed wood where deck on front of the house was removed,
missing and deteriorated siding, holes in siding and exterior sheathing, the northwest corner of
the roof had separated from the building leading to probable water intrusion into the interior of
the building envelope and potential rodent and insect infestation into interior of the building,
evidence of water intrusion from the attic/roof in bathroom and various parts of the house, unsafe
light fixture installed at the basement stairs, and general condition of the interior was unsanitary
including garbage strewn throughout the building, the bathroom sink and tub were filled with
garbage; and
WHEREAS, the City Building Official took photographs of the Subject Property during
the January 6, 2017 inspection, as shown in Exhibit A; and
WHEREAS, as a result of the January 6, 2017 inspection, the City Building Official
declared the Subject Property unsafe and hazardous under Minn. Rules Chapter 1300.0180 and
Minn. Stat. § 463.15 due to the multiple structural defects as well as the life -safety and health
issues; and
WHEREAS, the City Building Official sent an inspection letter report resulting from the
January 6, 2017 inspection on February 13, 2017 to the Owner and the Occupant requiring
abatement of the conditions identified by April 1, 2017, as shown in Exhibit B, however, the
Owner and the Occupant did not respond to the letter report; and
WHEREAS, the City Building Official sent the inspection letter report to the Owner and
the Occupant again on March 2, 2017 requiring abatement of the conditions identified by April
17, 2017, however, the Owner and the Occupant did not respond to the letter report; and
WHEREAS, the City Field Officer sent a letter to the Owner and the Occupant on June
12, 2017 regarding the inspection letter report and requiring a response by July 3, 2017, or a
hazardous building action would be initiated by the City; and
WHEREAS, the Owner and the Occupant did not respond to the June 12, 2017 letter;
MT4l
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502651v1 LBKMU200-202
WHEREAS, the Owner and the Occupant of the Subject Property have taken no steps to
abate the hazardous conditions of the dwelling on the Subject Property; and
WHEREAS, the City has communicated its intent to the Owner and the Occupant of the
Subject Property that if they failed to comply with the applicable City and State building codes,
the City would institute a hazardous building action; and
WHEREAS, Minnesota Statutes, Section 463.161 authorizes the governing body of any
city or town to order the owners of any hazardous building within the municipality to correct or
remove the hazardous condition; and
WHEREAS, Minnesota Statutes, Section 463.15, subdivision 3 defines a "hazardous
building" as "any building..., which because of inadequate maintenance, dilapidation, physical
damage, unsanitary condition or abandonment, constitutes a fire hazard or a hazard to public
safety or health;" and
WHEREAS, Minnesota Statutes, Section 463.161 et seg. authorizes a city to correct or
remove a hazardous condition of any hazardous building if the owner of record fails to do so
after a reasonable time and the district court enters a judgment sustaining the city's order; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound
as follows:
1. The dwelling located on the Subject Property is hazardous as defined by Minnesota
Statutes, Section 463.15.
2. An Abatement Order substantially similar to that attached hereto as Exhibit C shall
be served upon all parties with an interest or a purported interest in the Subject
Property in order to effectuate this Resolution.
3. The City Attorney is authorized to take all necessary legal steps to secure
compliance with the Order and to obtain authority to remove and abate the
hazardous conditions on the Subject Property by court order or consent and assess
the costs thereof against the Subject Property.
Adopted by the City Council this 11`h day of July, 2017.
ATTEST:
Catherine Pausche, City Clerk
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502651v1 LBKMU200-202
Mark Wegscheid, Mayor
EXHIBIT A
June 24, 2015 Photos
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502651 vi LBK MU200-202
January 6, 2017 Photos
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502651v1 LBK MU200-202
January 6, 2017 Photos (continued)
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502651v1 LBK MU200-202
104e11:��r:�
• PH: 952472,0600- FA%: 952472-0620 • W W W.CnnOFMou N0.C6M
Mailed First Class and Certified
February 13, 2017
Ms. Chelsea Tangen
Ms. Sandra Marie Stangland
4837 Bedford Rd.
Mound, MN 55364
RE: 4837 Bedford Road, Mound; Ste Inspection—January 6, 2017
Dear Ms. Tangen and Ms. Stangland:
On January 6, 2017, 1 conducted a site inspection of the property at 4837 Bedford Road, Mound. This
Inspection was completed with the authontyofan administrative warrant. Thepurposeofthe
inspection was to determine if there Is cause to deem the house as unsafe. Based on our findings, we
have determined that the structure is unsafe.
MN Rules Chapter 1300.0180 defines an unsafe structure as "A building or structure regulated by the
code is unsafe, for purposes of this part, if it Is structurally unsafe, not provided with adequate egress, a
fire hazard, or otherwise dangerous to human life." It further states "Ali unsafe buildings, structures, or
appendages are public nuisances and must be abated by repair, rehabilitation, demolition, or removal
according to Minnesota Statutes, Sections 463.15 to 463.26.
In addition, the City of Mound has adopted and does enforce the 2000 International Property
Maintenance Code (IIPMC).
The following items have been found that are deemed unsafe andforare noncompliant with the 2000
IPMC:
1. Landing at top of front stairway:
IPMC303.4 All structural members shod be maintained free from deterioration, ondsholl
be capable of safely supporting the Imposed dead and live foods.
a. No ledger board attached to house;
b. Hangers supporting the landing joists appear to be only attached to the siding
of the house
c. Unsafe guard '
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502651v1 LBK MU200-202
2. Raised wooden walkway (landing) at house front:
+ IPMC Section 303.2 All exterior surfaces, Including but not limited to, doors, door and
window frames, comites, porches, trim, balconies, decks and fences shall be maintained
in good condition. Exterior wood surfaces, other than decay-reslstont woods, shall be
protected from the elements and decay by painting or other protective covering or
treatment.
• IPMC Section 303.12 Every handrail and guardrail shall be flrmlyfastened and capable of
supporting normally imposed loads and shall be maintained in good condition.
• IPMCSection 303.10 Every exterior stairway, deck porch and balcony, and ail
appurtenances attached thereto, shall be maintained structurally sound, In good repair,
with proper anchorage and capable of supporting the Imposed foods.
a. Boards are rotting
b. Moss Is growing on the wooden boards indicating excessive moisture
retention
c. Guard does not appear to be structurally sound as the posts are rotting at the
point of attachment to the platform
d. The guard is missing at the end of the walkway
e. find post that supports the platform Is not secured at ground level and can
easily be moved out of position
3. Frontstairway:
• 1PMC Section 303.12 Every handrail and guardrail shall be firmly fastened and capable of
supporting normally imposed loads ondshall be maintained in good condition.
• IPMC Section 303.2 All exterior surfaces, Including but not limited to, doors, door and
windawfromes, cornices, porches, trim, balconies, decks and fences shall be maintained in
good condition. Exterior wood surfaces, other than decay -resistant woods, shall be
protected from the elements and decay by painting or other protective covering or
treatment.
• IPMCSection 303.10 Every exterlorstairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good repair, with proper
anchorage and capable of supporting the imposed loads.
a. Boards that compose the guard are rotting
b. Top rail of guard in not fully secured and can easily be knocked loose
4. Front patio door:
• MN Rules, Chapter 1300.0180 Unsafe Building or Structure: All unsafe buildings,
structures, or appendages are public nuisances and must be abated by repair,
rehabilitation, demolition, or removal according to Minnesota Statutes, Sections 463.15
to 463.26.
a. No landing at the exterior
b. No guard to protect from failing if the door Is opened
c. Inadequate fall protection from Interior
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502651vl LBK MU200-202
S. Rear Deck:
• iPMCSection 303.12 Every handrail and guardraiishallbef6mlyfastened and capable of
supporting normally imposed loads and shall be maintalned in goodcondition.
• 1PMCSection 303.20 Every, exteriorstainvay, deck porch and Mcory, and all appurtenances
attached thereto, shall be maintained structuraliysound, in goodrepair, with proper
anchorage and capable of supporting the imposed loads.
• IPMCSection 303.1 Ali extedorsurfaces, including but not limited to, doors, doorond
window frames, cornices, porches, triny balconies, decks and fencessholibe molntained in
goodcondition. Erteriorwoodsurfaces, other than decaV�msistant woods, sho(Ibe
protected from the elements and decay by painting or other protective covering or
treatment
a. No Guard at the front side
b. Guards at the ends do not appear structurally sound as they are deteriorated and
falling away from the deck- No stairway to the deck— using a ladder for access
c, The deck contains may rotting boards
d. Uncertain as to the structural soundness of the deck
e. Deck posts have been •ancored"to non -frost footings
6. Deck at front of house has been removed
• 11,MCSection 303.1 Ail exferorsurfaces, including but not -Ilmited to, doors, door and
window frames, carnkes, porches, trim, balconies, decks and fences sholl be maintained in
good condition. Exterior woodsurfoces, other than decay-resistont woods, shall be
protected from the elements and decay by palating or otherprotective covering w
treatment.
a. Exposed wood where deck was removed
7. Siding deterioration, delamination, and separation from building
• IPMCSectton 303.1 All exterior surfaces, including but not limited to doors, door and
window fromes, cornices, porches, trim, balconies, decks and fences shall be maintained in
goodcondition. Exterior woodsurfaces, otherthan decoy -resistant woods, shall be
protected from the elements and decay by pointing crother protective covering or
treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All
siding and mosonryjalms as well as those between the building envelope and the perimeter
of windows, doors, andskylights shall be maintained weather resistant and water tight
a. Missing and deteriorated siding
b. Existing siding needs to be repainted
B. Roles in siding and exterior sheathing—potential for insect infestation within wall cavities
• IPMC Section 303.6Ag exterior walls shollbefreefrom holes, breaks, and loose or
rotting materials; and maintained weatherproof and properly surface coated where
required to prevent deterioration.
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502651vl LBK MU200-202
S. Northwest corner ofroof has separated from building:
s IPMCSection 303,6 AIf exterior walls shall be free from holes, breaks, and loose or
rotting materials, and maintained weatherproof and properly surface coated where
required to prevent deterioration.
a, Probable water intrusion into interior of building envelope
b. Potential rodent and insect Infestation Into Interior of building
10. Evidence of water Intrusion from the attic/roof in bathroom and various parts of house (many
stains on calling)
® IPMCSection 303.7 The roof andfloshfng shall be sound, tight, and not have defects that
admit rain.
11. Unsafe light fixture installed at the basement stairs
• IPMCSection 6043 Where it isfound that the electrical system in astructure
constitutes a hazard to the occupants or the structure by reason of inadequate service,
improperfusing, Insufficient receptacle and lighting outlets, improper wiring or
installation, deterioration or damage, or for similar masons, the code official shall
require the defects to be corrected to eliminate X68 hazard.
12. General condition of interior is considered unsanitary
e IPMCSection 304.1 The Interior of a structure and equipment therein shall be
maintained In good repair, structurally sound and in a sanitary condition. Occupants
shall keep that port of the structure which they occupy or control in a clean and sanitary
condition.
a. Unclean messes in the kitchen and living room; garbage strewn about the
home.
b. Toilet appears to have been uncleaned for a long period of time
c. Bathroom sink filled with garbage and is unusable
d. Bathroom tub filled with garbage and is unusable
Pursuant to MN Rules, Chapter 1349.0180 and the 2000 international Property Maintenance Code,
Section 108, the property located at 4837Bedford Road, Mound, Is declared unsafe, It has been
determined that the above-mentioned items need to be abated by repair, rehabilitation, demolition, or
removal according to Minnesota Statutes, Sections 463.15 to 463.26. All above-mentioned items must
be abated no later than April k 2017.
Please note, required building permits should be obtained prior to the abatement of one through ten
above. An electric permit is required for Item 11.
Please feel free t0 contact me at 952.442-7520 should you have any questions about the above
requirements. We look forward to working with you in the process of bringing your home into a safe
condition.
Sincerely,
-� t
Scott Qualle
Building Official
cc: City Property File
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502651 vl LBK MU200-202
Abatement Order
STATE OF MINNNESOTA
COUNTY OF HENNEPIN
In the Matter of the Hazardous
Building Located at 4837 Bedford Road,
Mound, Minnesota
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Case Type: Other Civil
ORDER FOR ABATEMENT OF
A HAZARDOUS BUILDING
TO: All owners, all occupants, and all lienholders of record.
The City Council of the City of Mound orders that within 20 days of service of this Order
that you abate the hazardous conditions which exist on the property located at: 4837 Bedford
Road, in the City of Mound, which property is legally described as:
Lot 1, except the South 5 feet thereof; Lots 2 and 3, Block 23, "Wychwood';
situated in Hennepin County, Minnesota.
The City of Mound, pursuant to Minnesota Statutes Sections 463.15 to 463.261, finds the
building located at the above -referenced property constitutes a hazardous building within the
meaning of Minnesota Statutes Section 463.15 subdivision 3, specifically due to the structural
deficiencies and defects, the poor condition of the exterior, the substantial amount of garbage and
debris throughout the interior, the water instruction throughout the interior, and the overall
condition of the structure.
Pursuant to the above -referenced statutes, it is hereby ORDERED that you abate the
hazardous property conditions within 20 days of the date of service of this Order by either
removing the structure or completing the following:
502651v1 LBK MU200-202
1. Obtain an assessment from a licensed structural engineer to determine what needs
to be done to remedy the numerous structural deficiencies of the dwelling
including but not limited to the front stairway, the rear deck, and the separation of
the roof from the northwest corner of the building;
2. Obtain permits and begin work on needed structural repairs according to the
structural engineer's assessment;
3. Install proper guardrails on all stairways and decks;
4. Replace all rotten boards on all stairways and decks;
5. Repair and/or replace all siding and exterior sheathing with holes;
6. Repair and/or replace missing and deteriorated siding;
7. Repaint existing siding that is in fair condition;
8. Make second -story patio door safe by either (a) installing a landing at the exterior,
(b) installing a guard to protect from falling if the door is opened and providing
adequate fall protection from the interior, or (c) removing the door and repairing
the resulting hole;
9. Ensure roof and flashing are sound, tight, and have no defects to admit water
intrusion into the dwelling;
10. Repair or remove unsafe light fixture installed at the basement stairs;
11. Remove all excess junk, garbage, and unnecessary articles from inside the
dwelling; and
12. Clean and sanitize the dwelling.
You must apply for and obtain any appropriate permit(s), if applicable, for the work you
intend to perform from the appropriate City offices before abating the hazardous conditions.
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502651v1 LBK MU200-202
This Order is not a permit. Further, all work completed is subject to inspection by the City's
building inspector, Fire inspector, and other staff as required to ensure compliance with
applicable rules and law.
You are further advised that unless such corrective action is taken or an Answer is served
on the City and filed with the Hennepin County District Court Administrator within 20 days of
the date of service of this Order upon you, a motion for summary enforcement of this Order will
be made to Hennepin County District Court.
You are further advised that if you do not comply with this Order and the City is
compelled to take any corrective action, all necessary costs incurred by the City in taking the
corrective action will be assessed against the property pursuant to Minnesota Statutes Section
463.21. In connection thereto, the City intends to recover all its expenses incurred in carrying
out this Order, including specifically but not exclusively, filing fees, service fees, publication
fees, attorneys' fees, appraisers' fees, witness fees, including expert witness fees and traveling
expenses incurred by the City from the time this Order was originally made pursuant to
Minnesota Statutes Section 463.22.
Dated July , 2017. KENNEDY & GRAVEN, CHARTERED
In
502651v1 LBKMU200-202
Troy J. Gilchrist (#0228849)
Elizabeth C. Brodeen-Kuo (#0391949)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR THE
CITY OF MOUND
-1$,54-
Real People. Real Solutions,
June 30, 2017
City of Mound
c/o: Mr. Eric Hoversten, City Manager
2415 Wilshire Boulevard
Mound, MN 55364
RE: Status of Mr. Dan Faulkner, P.E. and City Engineer
Honorable Mayor and City Council Members:
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: (952) 448-8838
Fax: [952) 448-8805
Bolton-Menk.com
It is with both great personal joy for Dan and selfish, heavy heartedness that I write you this letter to
inform you that Mr. Dan Faulkner will be retiring on July 14, 2017. It has been my true privilege to be a
teammate of Dan's since we convinced him to join our Bolton & Menk team in March of 2005. Since
February of 2006 (nearly 11-1/2 years), Dan has committed his passion and expertise to the City Council,
staff and residents of Mound as your consulting City Engineer during which time the Mound team has
accomplished many great things together based on the shared belief that people should live in safe,
sustainable and beautiful communities.
Upon Dan's retirement, Mr. Brian Simmons, P.E. will immediately be assuming Dan's role as your
consulting City Engineer. This transition has been intentionally nurtured for the past several years, in
anticipation of Dan's retirement, as Brian has taken on an increasingly major role in Mound issues and
projects. It is also important for me to note that we are not requesting any changes to our current
Engineering Services Agreement with Mound as related to rates or key Bolton & Menk staff beside the
change noted above.
As always, on behalf of Bolton & Menk, I thank the City Council and staff for both your leadership and
the wonderful opportunities to serve you and the residents of the City of Mound. Please feel free to
contact me with any questions you may have regarding the information contained herein and join me in
congratulating Dan for a distinguished career in service of the public and wishing him well during his
next phase of life in well-earned retirement!
Respectfully Submitted,
Bolton & Menk, Inc.
Kreg J. Schmidt, P.E.
Vice President
Bolton A Menk i—