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2023-05-23 CC Agenda PacketPLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA MOUND CITY COUNCIL REGULAR MEETING 1. Opening meeting 2. Pledge of Allegiance 3. Approve agenda, with any amendments TUESDAY, MAY 23, 2023 - 7:00 PM MOUND CITY COUNCIL CHAMBERS *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. 4. *Consent Agenda Page *A. Approve payment of claims 1061-1090 *B. Approve minutes: May 4, 2023 Special Meeting Workshop 1091-1096 May 9, 2023 Regular Meeting 1097-1104 *C. Approve Resolution Approving Application to Conduct Off -Site Gambling 1105-1107 Permit for American Legion Post 398 1105 *D. Approve Resolution of Sponsorship as related to the Southwest Trails 1108 Snowmobile Association for the 2023/2024 Season *E Approve Resolution Approving Lawful Gambling Permit Application by the 1109-1111 Mound Westonka Hockey Association for Commerce Restaurant Group, LLC 1109 at 2230 Commerce Blvd. 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) 6. Mayor -for -a -Day essay winners 1112-1117 a. Phoebe Osborne: Parents: Benjamin and Melissa Osborne b. Lizzie Bacon: Parents: Nicholas and Amy Bacon c. Nolan Biehl: Parents: Matthew and Christine Biehl 7. City Council public hearing to consider Conditional Use Permit for Shoreland 1118-1139 Planned Unit Development request for mixed use building remodel/addition project PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 2603 Commerce Boulevard (Planning Case No. 23-07) Applicant: Triple S Company Requested Action: Approve Resolution No. 23-_approving Conditional Use Permit for Shoreland 1120 Planned Unit Development at 2603 Commerce Boulevard for Mixed Use Building Remodel/Addition Project at 2603 Commerce Boulevard 8. City Council hearing, in its capacity as Board of Adjustment and Appeals, to consider 1140-1168 request from Ryan Bortolon, owner of property at 1665 Bluebird Lane, to appeal Community Development Director's determination that the property does not have lawful, nonconforming status for short term home rental (Planning Case No 23-09) Applicant: Ryan Bortolon Requested Action: Approve Resolution No. 23-Afffirming Community Development Director 1143 Determination that Property at 1665 Bluebird Lane Does Not Have Lawful, Nonconforming Status for Short Term Home Rental 9. Jason Zattler requesting discussion on 2345 Commerce Blvd sidewalk condition 1169-1170 10. City Manager Eric Hoversten requesting discussion and action on a Resolution 1171-1178 Authorizing Purchase of a New Street Sweeper 1176 11. Presentation by City Engineer proposing rejecting bids for 2023 Manhole Rehab 1179-1180 and request to approve Resolution Rejecting Bids for the 2023 Manhole Rehabilitation 1180 Project City Project PW 23-04 12. Presentation by City Engineer of restructured Downtown Paver Sidewalk Replacement 1181-1186 phasing, approval of release for bid for new "Group 3" pavements and request to 1186 approve Resolution Receiving Report and Authorizing Preparation of Plans and Specifications and Ordering Advertisement for Bids for Downtown Paver Sidewalks Replacement Project —Group 3 13. City Manager Eric Hoversten requesting discussion and action on the following Special meetings: A. Wednesday, June 21, 2023, Time: TBD. Purpose: Review vendor responses to Request for Qualifications: Strategic Planning Facilitation & Citywide Long Range Financial Plan B. Thursday, June 22, 2023, Time: TBD. Purpose: Optional preferred vendor interviews regarding responses to Request for Qualifications: Strategic Planning Facilitation & Citywide Long Range Financial Plan C. TBD Emergency Operation Center Tour and Familiarization PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 14. Comments/Reports from Council Members Council Member Pugh Council Member Larson Council Member McEnaney Council Member Castellano Mayor Holt 15. Information/Miscellaneous A. Reports/updates from City Manager/Staff (See separate report) Updates on previous topics, outstanding items B. Reports: Fire Department —April 2023 1187-1188 MCES 2024 Municipal Rate Estimates Memo 1189-1190 C. Minutes: POSC—April 14, 2023 1191-1192 16. Adjourn COUNCIL BRIEFING Tuesday, May 23, 2023 Council meetings are held in the City Council Chambers in the Centennial Building on the second and fourth Tuesday each month at 7:00 PM with agendas and meeting details/locations posted to the City website the Thursday prior under the "Mayor and Council' section of the "Government" tab of the Home Page. Government I Mound, MN (cityofmound.com) *** All Meetings At City Council Chambers, Centennial Building *** Upcoming Meetings Schedule: May 23 — City Council Regular Meeting, 7:00 PM June 13 — City Council Regular Meeting, 7:00 PM June 27 — City Council Regular Meeting, 7:00 PM July 11 — City Council Regular Meeting, 7:00 PM July 25 — City Council Regular Meeting, 7:00 PM August 8 — City Council Regular Meeting, 7:00 PM August 22 — City Council Regular Meeting, 7:00 PM Events and Activities: Subscribe to RAVE messaging tool for emergency notifications and updates RAVE Emergency Notifications I Mound, MN (cityofmound.com) June 3 — Harrison Bay Association Rain Barrel Distribution Events June 3 — Mound Fire Department Relief Association Fish Fry June 8 — Music in the Park at Surfside Park and Beach June 25 — Skate Event at Zero G July 14, 15 — Spirit of the Lakes July 20 — Music in the Park at Surfside Park and Beach August 1— National Night Out August 10 — Music in the Park at Surfside Park and Beach City Offices: Closed May 29 in observation of Memorial Day July 4 in observation of Independence Day City Official's Absences Please notify the City Manager in advance of an absence. Inquire in advance. please...... Council members are asked to call or email their questions in advance of a public meeting so that more research may be done or additional information may be provided that will assist decision- making. 2023 City of Mound Claims 05-23-23 YEAR BATCH NAME DOLLAR AMOUNT 2023 HOISINGTON0423 $ 5,098.98 2023 050523HWS $ 39,028.00 2023 051623CTYMAN $ 48,625.68 2023 051923CTYMAN $ 2,993.20 2023 ELANCC052323 $ 2,124.11 2023 052323CITY $ 99,678.86 2023 052323HWS $ 113,085.15 TOTAL CLAIMS $ 310,633.98 1061 CITY OF MOUND Payments Current Period: May 2023 Payments Batch HOISINGTON0423 $5,098.98 Refer 1104 HOISINGTON KOEGLER GROUP, 1 Cash Payment E 101-42400-300 Professional Srvs GENERAL MISC PLANNING SVCS- DISCUSS PROJECTS W/STAFF, RESPOND TO INQUIRIES-APRIL 2023 Invoice 020-002-39 5/122023 Cash Payment E 101-42400-300 Professional Srvs 2023 CODE UPDATES PLANNING SVCS APRIL 2023 Invoice 020-002-39 5/122023 Cash Payment G 101-23497 2603 COMMERCE- TRIPLE 2603 COMMERCE BLVD CUP- PROJECT REVIEW- PLANNING SVCS APRIL 2023 Invoice 020-002-39 5/122023 Cash Payment E 101-42400-300 Professional Srvs MOUND COMPREHENSIVE PLAN 2023 ASSESSMENT- PLANNING SVCS APRIL 2023 Invoice 020-002-39 5/122023 Cash Payment E 101-42400-300 Professional Srvs MEETING PREP, ATTENDANCE, REVIEW MINUTES- PLANNING SVCS APRIL 2023 Invoice 020-002-39 5/122023 Cash Payment E 101-42400-300 Professional Srvs TRAINING FOR CITY COUNCIL & PLANNING COMMISSION MEMBERS- PLANNING SVCS APRIL 2023 Invoice 020-002-39 5/122023 Cash Payment G 101-23500 4919 THREE PTS-EXP PER 4919 THREE PTS BLVD EXPANSION PERMIT - PLANNING SVCS APRIL 2023 Invoice 020-002-39 5/122023 Cash Payment E 101-41110-300 Professional Srvs 1665 BLUEBIRD SHORT-TERM RENTAL APPEAL- MISC PLANNING SVCS APRIL 2023 Invoice 020-002-39 5/122023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total Fund Summary 10100 U.S. Bank 10100 101 GENERAL FUND $5,098.98 $5,098.98 Pre -Written Checks $0.00 Checks to be Generated by the Computer $5,098.98 Total $5,098.98 05/16/23 10:01 AM Page 1 $1,031.25 $1,078.41 $600.00 $1,097.50 $212.16 $624.66 $82.50 $372.50 $5,098.98 `O CITY OF MOUND Payments Current Period: May 2023 Payments Batch 050523HWS $39,028.00 Refer 1066 56 BREWING, LLC _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 5622450 4252023 Transaction Date 5/42023 U.S. Bank 10100 10100 Refer 1067 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale Invoice 0099272500 5/32023 Transaction Date 5/42023 LIQUOR U.S. Bank 10100 10100 Refer 1068 BREAKTHRU BEVERAGE MN BEE _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 348958200 522023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 348958201 522023 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 362547915 5/12023 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 362546954 5/12023 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 362548266 5/12023 Transaction Date 5/42023 U.S. Bank 10100 10100 Refer 1069 CAPITOL BEVERAGE SALES, L.P. _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2829870 522023 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 2829871 522023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2829872 522023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2829873 522023 Transaction Date 5/42023 U.S. Bank 10100 10100 Refer 1070 CLEAR RIVER BEVERAGE CO. _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 605833 5/12023 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 685893 5/12023 Transaction Date 5/42023 U.S. Bank 10100 10100 Refer 1071 DAHLHEIMER BEVERAGE LLC Cash Payment E 609-49750-252 Beer For Resale Invoice 1897454 5/32023 Cash Payment E 609-49750-252 Beer For Resale Invoice 18974555 5/32023 Transaction Date 5/42023 BEER BEER U.S. Bank 10100 10100 Refer 1072 HOHENSTEINS, INCORPORATED _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 604465 522023 05/04/23 3:16 PM Page 1 $336.00 Total $336.00 $926.50 Total Total $926.50 $8,544.65 $33.85 -$8.45 -$5.10 -$16.80 $8.548.15 $54.00 -$77.30 $33.25 $1,444.40 Total $1,454.35 $700.25 -$36.00 Total Total $664.25 $30.75 $596.95 $627.70 $480.60 11811610 CITY OF MOUND Payments Current Period: May 2023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 604464 522023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 604464 522023 Transaction Date 5/42023 U.S. Bank 10100 10100 Refer 1074 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 2290681 5/32023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2290679 5/32023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2290680 5/32023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2288147 5/12023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2288148 5/12023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2282916 4242023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2282915 4242023 Transaction Date 5/42023 U.S. Bank 10100 10100 Refer 1075 MARLIN S TRUCKING DELIVERY _ Cash Payment E 609-49750-265 Freight DELIVERY SVC 4-20-23 Invoice 39357 4202023 Cash Payment E 609-49750-265 Freight DELIVERY SVC 4-27-23 Invoice 39374 4272023 Transaction Date 5/42023 U.S. Bank 10100 10100 Refer 1076 PHILLIPS WINE AND SPIRITS, INC _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 6585581 5/32023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 6585582 5/32023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 6585583 5/32023 Transaction Date 5/42023 U.S. Bank 10100 10100 Total 05/04/23 3:16 PM Page 2 $54.00 $39.75 $574.35 $74.00 $6,685.87 $2,242.05 $181.92 $1,126.20 $477.72 $129.06 Total $10,916.82 $592.10 $167.40 Total $759.50 Total Refer 1082 PRIME ADVERTISING & DESIGN IN _ Cash Payment E 609-49750-340 Advertising DOMAIN RENEWAL - 5 YEARS MAY 23, 2023 THRU MAY 22, 2028- WW W. HARBORW INESPIRITS.COM Invoice 81821 5/42023 Transaction Date 5/42023 U.S. Bank 10100 10100 Total Refer 1077 SHAMROCK GROUP, INC. _ Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 2885482 5/32023 Transaction Date 5/42023 U.S. Bank 10100 10100 Refer 1078 SOUTHERN WINE & SPIRITS OF M _ Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2341042 5/42023 Total $3,777.20 $3,372.57 $77.00 $7,226.77 $150.00 $150.00 $66.85 $66.85 $2,713.00 `Wle* CITY OF MOUND 05/04/23 3:16 PM Page 3 Payments Current Period: May 2023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,327.97 Invoice 2341039 5/42023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $125.00 Invoice 2341041 5/42023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $188.98 Invoice 5096960 4282023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,038.31 Invoice 2341040 5/42023 Transaction Date 5/42023 U.S. Bank 10100 10100 Total $5,393.26 Refer 1079 WINE COMPANY _ Cash Payment E 609-49750-253 Wine For Resale WINE $370.00 Invoice 234635 5/42023 Transaction Date 5/42023 U.S. Bank 10100 10100 Total $370.00 Refer 1080 WINE MERCHANTS _ Cash Payment E 609-49750-253 Wine For Resale WINE $750.00 Invoice 7425666 5/32023 Transaction Date 5/42023 U.S. Bank 10100 10100 Total $750.00 Refer 1081 Z WINES USA LLC _ Cash Payment E 609-49750-253 Wine For Resale WINE $263.50 Invoice 26298 5/32023 Transaction Date 5/42023 U.S. Bank 10100 10100 Total $263.50 Fund Summary 10100 U.S. Bank 10100 609 MUNICIPAL LIQUOR FUND $39,028.00 $39,028.00 Pre -Written Checks $0.00 Checks to be Generated by the Computer $39,028.00 Total $39,028.00 I181,619i CITY OF MOUND Payments Current Period: May 2023 05/18/23 12:38 PM Page 1 Payments Batch 051623CTYMAN $48,625.68 Refer 1115 CORE & MAIN LP _ Cash Payment E 601-49400-210 Operating Supplies WATER METER PARTS- 108 FT OF PIPE @ $4,534.92 $41.99/FT Invoice S729072 4242023 Cash Payment E 601-49400-210 Operating Supplies WATER METER PARTS- RUBBER GASKETS- $1,173.12 QTY 18, CONDUCTIVITY STRAPS- 6, SILICON BRONZE BOLTS & NUTS, EPDXY MEGA LUG F/DI PIPE, BLACK- QTY 6, 1 QT LUBE FOR PIPES Invoice S729072 4242023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total $5,708.04 Refer 1116 FIRS TNET _ Cash Payment E 222-42260-321 Telephone, Cells, & Red DATACARD SVC- XXX-0353 FIRE UNIT #39 $38.23 FIRE CHIEF RESCUE UTILITY 3-26-23 THRU 4-25-23 Invoice 051623 4252023 Cash Payment E 222-42260-321 Telephone, Cells, & Red DATACARD SVC XXX-0545 FIRE #43 $38.23 RESCUE TRUCK SVC 3-26-23 THRU 4-25-23 Invoice 051623 4252023 Cash Payment E 222-42260-321 Telephone, Cells, & Red DATACARD SVC XXX-1887 FIRE LADDER $38.23 TRUCK #44 SVC 3-26-23 THRU 4-25-23 Invoice 051623 4252023 Cash Payment E 222-42260-321 Telephone, Cells, & Red DATACARD SVC XXX-1962 FIRE ENGINE #29 $38.23 SVC 3-26-23 THRU 4-25-23 Invoice 051623 4252023 Cash Payment E 222-42260-321 Telephone, Cells, & Red DATACARD SVC XXX-4845 FIRE UNIT #42 $38.23 DUTY OFFICER SVC 3-26-23 THRU 4-25-23 Invoice 051623 4252023 Cash Payment E 222-42260-321 Telephone, Cells, & Red CELLPHONE SVC XXX-0150- CHIEF G. $53.64 PEDERSON - 3-26-23 THRU 4-25-23 Invoice 051623 4252023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total $244.79 Refer 1101 HARRISON BAYASSOCIATION _ Cash Payment E 101-43100-300 Professional Srvs CITY CONTRIBUTION TO RAIN BARREL $1,280.00 SALE/ DISTRIBUTION EVENT BY HARRISON BAY ASSOC. Invoice 5/102023 Transaction Date 5/152023 U.S. Bank 10100 10100 Total Refer 1113 KELLY, KEVIN _ Cash Payment E 281-45210-331 Use of personal auto REIMS MILEAGE- DOCK PROGRAM INSPECTIONS- K. KELLY- 1-29-23 THRU 5-15- 23 Invoice 051623 5/152023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total Refer 1107 LETNES, KEVIN & MEGAN _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- 5341 BAYWOOD SHORES DR- M. & K. LETNES Invoice 051623 5/102023 Transaction Date 5/152023 U.S. Bank 10100 10100 Total $1,280.00 $56.99 $56.99 $5,000.00 $5,000.00 `18I611 CITY OF MOUND Payments Current Period: May 2023 05/18/23 12:38 PM Page 2 Refer 1117 MEDIACOM _ Cash Payment E 101-42110-321 Telephone, Cells, & Red ORONO PD INTERNET SVC 5-16-23 THRU 6- $96.90 15-23 Invoice 051623 5/62023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total $96.90 Refer 1119 MIDWEST GROUNDCO VER _ Cash Payment E 101-45200-210 Operating Supplies 4 QTY WEAR MATS FOR UNDER PLAYSETS $1,000.00 CITY PARK Invoice 23027 4212023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total $1,000.00 Refer 1118 MIDWEST SERVICES _ Cash Payment E 101-43100-404 Equip & Vehicle Repairs MECHANIC SVCS- 2-14-23 - TRUCK #312- $600.00 REMOVE & REPLACE DAMAGED PASSENGER SIDE MIRROR Invoice 9626 5/52023 Cash Payment E 101-43100-404 Equip & Vehicle Repairs MECHANIC SVCS- 2-14-23- TRUCK#312- $1,200.00 CUT OFF & REMOVE DAMAGED STEPS & BRACKETS- REPLACE WITH CUSTOMER SUPPLIED NEW STEPS Invoice 9626 5/52023 Cash Payment E 101-43100-404 Equip & Vehicle Repairs MECHANIC SVCS- 2-14-23 - TRUCK #312- $300.00 REMOVE DAMAGED CYLINDER & HYDRAULIC LINES, REPLACE WITH CUSTOMER SUPPLIED PARTS. WELD HYDRAULIC LINE HOLDING BRACKET Invoice 9626 5/52023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total $2,100.00 Refer 1111 MINNESOTA DEPT OF COMMERC _ Cash Payment G 101-23150 New Construction Escrow UNCLAIMED PROPERTY- NEW $5,000.00 CONSTRUCTION BLDG PERMIT ESCROW - 2152 ASHLAND LN- ROBERT DANA DESIGN - OUT OF BUSINESS- UNDELIVERABLE MAIL RETURNED- PHONE NUMBER ON FILE REASSIGNED Invoice 051623 5/152023 Transaction Date 5/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 1121 NASSEFF MECHANICAL CONTRAC _ Cash Payment E 601-49400-440 Other Contractual Servic TEST, & SVC DOUBLE CHECK VALVES & RPZS AS NEEDED- @ WATER TOWER #3 & #8- 4-7-23 Invoice 50390 4282023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total Refer 1120 NORTHERN TOOL AND EQUIPMEN _ Cash Payment E 101-45200-220 Repair Supplies & Equip 20V IMPACT WRENCH, 54 PC DIABLO SCREWDRIVING SET, 21 PC BLACK OXIDE DRILL BIT SET, 10 PC RECIPROCATING SAW BLADE KIT, ORGANIZER, ROLLING TOOL BOX, 11 PC SAE WR SET FULL POLISH, 11 PC MM WR SSET FULL POLISH- PARKS DEPT Invoice 232059 5/12023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total Refer 1109 PEDERSON, AIMEE _ $1,064.28 $1,064.28 $538.70 $538.70 CITY OF MOUND Payments Current Period: May 2023 05/18/23 12:38 PM Page 3 Cash Payment E 222-42260-433 Dues and Subscriptions SQUARESPACE INC.-ANNUAL $252.00 SUBSCRIPTION FOR MOUND FIRE DEPT WEBSITE- REIMBURSE A. PEDERSON Invoice 051623 5/152023 Transaction Date 5/152023 U.S. Bank 10100 10100 Total $252.00 Refer 1108 PEDERSON, GREG _ Cash Payment E 222-42260-212 Motor Fuels SPEEDWAY GAS STATION- FUEL FOR FIRE $42.04 TRUCK#47- 5-13-23- POWER OUTAGE STORE CITY CREDIT CARD NOT USABLE - REIMBURSE FIRE CHIEF, G. PEDERSON FOR USE OF PERSONAL CARD Invoice 051623 5/152023 Cash Payment E 222-42260-212 Motor Fuels SPEEDWAY GAS STATION- FUEL FOR FIRE $78.80 TRUCK#42- 5-13-23- POWER OUTAGE STORE CITY CREDIT CARD NOT USABLE - REIMBURSE FIRE CHIEF, G. PEDERSON FOR USE OF PERSONAL CARD Invoice 051623 5/152023 Cash Payment E 222-42260-212 Motor Fuels SPEEDWAY GAS STATION- FUEL FOR FIRE $125.36 TRUCK#L44-5-13-23- POWER OUTAGE STORE CITY CREDIT CARD NOT USABLE - REIMBURSE FIRE CHIEF, G. PEDERSON FOR USE OF PERSONAL CARD Invoice 051623 5/152023 Transaction Date 5/152023 U.S. Bank 10100 10100 Total $246.20 Refer 1110 PEDERSON, SARAH _ Cash Payment G 222-22801 Deposits/Escrow FEDEX OFFICE- FISH FRY POSTERS-QTY $41.08 22- FIRE RELIEF ASSOC TO REIMBURSE S. PEDERSON-WEINHANDL Invoice 051623 5/152023 Transaction Date 5/152023 U.S. Bank 10100 10100 Total $41.08 Refer 1114 ROBERTS, COLLETTE _ Cash Payment E 101-41500-331 Use of personal auto REIMBURSE MILEAGE- TO MUNICIPALS $54.37 ANNUAL SEMINAR -APPLE VALLEY 4-27-23 & TRIP TO POST OFFICE- CITY MAIL Invoice 051623 5/162023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total $54.37 Refer 1122 SIMPLEX GRINNELL _ Cash Payment E 602-49450-440 Other Contractual Servic PUB WKS BLDG - 5 YEAR INSPECTION & $954.00 FDC HYDRO TEST ON WET SPRINKLER SYSTEM Invoice 89778366 4/302023 Project 23-4 Cash Payment E 601-49400-440 Other Contractual Servic ADDTL DUE- WELL #8 - EVERGREEN - $70.00 ANNUAL WET SPRINKLER & EXTINGUISHER TEST & INSPECTION 05-01-23 THRU-04-30-24 Invoice 23473262-2 4/32023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total $1,024.00 Refer 1112 WEBER, VICKI _ Cash Payment E 222-42260-431 Meeting Expense MACKENTHUNS- JUICE & COOKIES FOR $15.97 FIRE COMMISSION MEETING 5-10-23 Invoice 051623 5/102023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total $15.97 Refer 1125 XCEL ENERGY `181161i] Cash Payment E 602-49450-381 Electric Utilities Invoice 826230275 4282023 Cash Payment E 602-49450-381 Electric Utilities Invoice 826122679 4282023 Cash Payment E 101-43100-381 Electric Utilities Invoice 826210203 4282023 Transaction Date 5/152023 Refer 1123 XCEL ENERGY Cash Payment E 101-43100-381 Electric Utilities Invoice 826742342 5/32023 Transaction Date 5/162023 Refer 1124 XCEL ENERGY Cash Payment E 101-45200-381 Electric Utilities Invoice 826560295 522023 Cash Payment E 101-45200-381 Electric Utilities Invoice 826560295 522023 Cash Payment E 602-49450-381 Electric Utilities Invoice 826560295 522023 Cash Payment E 101-43100-381 Electric Utilities Invoice 826560295 522023 Cash Payment E 601-49400-381 Electric Utilities Invoice 826560295 522023 Cash Payment E 609-49750-381 Electric Utilities Invoice 826560295 522023 Cash Payment E 101-41930-381 Electric Utilities Invoice 826560295 522023 Cash Payment E 222-42260-381 Electric Utilities Invoice 826560295 522023 Cash Payment E 101-41910-381 Electric Utilities Invoice 826560295 522023 Cash Payment E 285-46388-381 Electric Utilities Invoice 826560295 522023 Cash Payment E 101-42115-381 Electric Utilities Invoice 826560295 522023 Transaction Date 5/162023 CITY OF MOUND Payments Current Period: May 2023 ELECTRIC SVC 3-29-23 THRU 4-28-23 CARLOW RD LIFT STATION ELECTRIC SVC 3-29-23 THRU 4-28-23 1871 COMMERCE BLVD LIFT STATION 1790 COMMERCE STREET LIGHTS 3-29-23 THRU 4-28-23 U.S. Bank 10100 10100 Total ELECTRIC SVC 4-03-23 THRU 5-02-23 CITY STREET LIGHTS U.S. Bank 10100 10100 Total ELECTRIC SVC - 3-25-23 TO 4-25-23 ELECTRIC SVC - 3-25-23 TO 4-25-23- DEPOT BLDG ELECTRIC SVC - 3-25-23 TO 4-25-23 ELECTRIC SVC - 3-25-23 TO 4-25-23 ELECTRIC SVC - 3-25-23 TO 4-25-23 ELECTRIC SVC - 3-25-23 TO 4-25-23 ELECTRIC SVC - 3-25-23 TO 4-25-23 ELECTRIC SVC - 3-25-23 TO 4-25-23 ELECTRIC SVC - 3-25-23 TO 4-25-23 ELECTRIC SVC - 3-25-23 TO 4-25-23 ELECTRIC SVC - 3-25-23 TO 4-25-23 U.S. Bank 10100 10100 Total 05/18/23 12:38 PM Page 4 $108.67 $174.11 $22.72 $305.50 $5,611.87 $5,611.87 $236.65 $87.79 $5,073.28 $1,045.95 $4,543.54 $1,669.12 $1,580.84 $1,580.84 $859.46 $2,258.42 $49.10 $18,984.99 1[60, Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 285 HRA/HARBOR DISTRICT 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND CITY OF MOUND Payments Current Period: May 2023 10100 U.S. Bank 10100 $24,564.35 $2,380.88 $56.99 $2,258.42 $11,385.86 $6,310.06 $1,669.12 $48,625.68 Pre -Written Checks $0.00 Checks to be Generated by the Computer $48,625.68 Total $48,625.68 05/18/23 12:38 PM Page 5 `[811516 CITY OF MOUND 05/18/2312: 01 PM Page 1 Payments Current Period: May 2023 Payments Batch 051923CTYMAN $2,993.20 Refer 1211 CARQUEST AUTO PARTS (FIRE) _ Cash Payment E 222-42260-210 Operating Supplies OIL ABSORBERS- 4 & 2 DRY SWEEP $78.42 GRANULAR- FIRE DEPT Invoice 6974-454702 4172023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $78.42 Refer 1212 CARQUEST OF NAVARRE (PNI) Cash Payment E 101-43100-220 Repair Supplies & Equip BATTERY -FARM -TRUCK- STREETS VEHICLE $131.98 Invoice 6974-454660 4/62023 Cash Payment E 101-43100-220 Repair Supplies & Equip 3 BATTER ES FAR M-TRUCK- STREETS $337.65 DUMP TRUCKS Invoice 6974-454561 4/42023 Cash Payment E 602-49450-220 Repair Supplies & Equip MISC PARTS PUBLIC WORKS INVENTORY $172.19 Invoice 6974-454830 4/112023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $641.82 Refer 1213 NAPA AUTO PARTS - SPRING PAR Cash Payment E 101-45200-220 Repair Supplies & Equip SERPENTINE BELT- PARKS EQUIPMENT $39.30 Invoice 176778 4/82023 Cash Payment E 602-49450-220 Repair Supplies & Equip ABSORBENT- QTY 2 $18.10 Invoice 176911 4/112023 Project 23-4 Cash Payment E 602-49450-220 Repair Supplies & Equip FLOOR DRY- QTY 8 $80.00 Invoice 176938 4/112023 Project 23-4 Cash Payment E 602-49450-220 Repair Supplies & Equip 3 QTY MINIATURE BALASTER PK- LIGHTS $10.89 Invoice 177963 4272023 Project 23-4 Cash Payment E 101-45200-220 Repair Supplies & Equip BATTERY- PARKS EQUIPMENT $193.72 Invoice 178351 5/32023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $342.01 Refer 1167 PRICH, RYAN N. Cash Payment E 602-49450-218 Clothing and Uniforms Invoice 5601014 4/42023 Transaction Date 5/182023 _ AMAZON.COM- 3 PAIRS LEVI JEANS- 2023 CITY UNIFORM ALLOWANCE- REIMBURSE R. PRICH Project 23-4 U.S. Bank 10100 10100 Total $89.97 $89.97 Refer 1214 TRUE VALUE MOUND (FIRE) _ Cash Payment E 222-42260-210 Operating Supplies 60" POLE W/ METAL TIP- REPLACEMENT $9.89 HANDLE FOR BROKEN BROOM ON FIRE ENGINE #29 Invoice 185853 4/12023 Cash Payment E 222-42260-210 Operating Supplies CLOTHES HOOK- NICKLE, SCREWS, NUTS, $6.74 BOLTS- FOR FIRE GRASS RIG #11 RADIO Invoice 186360 4/302023 Cash Payment E 222-42260-210 Operating Supplies 1 QT BAR & CHAIN OIL- FIRE DEPT $16.17 Invoice 185934 4/62023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $32.80 Refer 1215 TRUE VALUE, MOUND (PW PKS) Cash Payment E 101-45200-220 Repair Supplies & Equip GARAGE DOOR LUBE, 19" RUBBER STRAP $13.51 Invoice 185893 4/42023 `18r` CITY OF MOUND 05/18/2312: 01 PM Page 2 Payments Current Period: May 2023 Cash Payment E 601-49400-220 Repair Supplies & Equip 2 QTY GLOSS BLACK PAINT, FLAT GRAY $17.03 PRIMER, GLOSS BLUE PAINT, GREEN SPRAY PAINT- WATER & SEWER DEPTS Invoice 185902 4/42023 Cash Payment E 602-49450-220 Repair Supplies & Equip 2 QTY GLOSS BLACK PAINT, FLAT GRAY $17.03 PRIMER, GLOSS BLUE PAINT, GREEN SPRAY PAINT- WATER & SEWER DEPTS Invoice 185902 4/42023 Cash Payment E 101-43100-210 Operating Supplies 25' TAPE, 35' POWERLOCK TAPE RULE $39.58 Invoice 185904 4/42023 Cash Payment E 101-45200-220 Repair Supplies & Equip 2 QTY FRIDGE BAKING SODA- DEPOT BLDG $2.68 Invoice 185905 4/42023 Cash Payment E 101-45200-220 Repair Supplies & Equip 12' HDMI VIDEO CABLE $21.59 Invoice 185910 4/52023 Cash Payment E 101-45200-220 Repair Supplies & Equip SCREWS, NUTS, BOLTS $4.54 Invoice 185928 4/62023 Cash Payment E 101-45200-220 Repair Supplies & Equip FUEL LINE- 4 QTY, 12 OZ GLOSS GRAY, $31.18 NYLON ROPE Invoice 185948 4172023 Cash Payment E 101-45200-220 Repair Supplies & Equip PREMIUM WASH HOSE, RATCHET TIE $71.30 DOWNS, MALE CONNECTORS, RUBBER HOSE WASHER, FEMALE CLINCHER- PARKS Invoice 186003 4/112023 Cash Payment E 601-49400-210 Operating Supplies WINDEXCLEANER $4.29 Invoice 186015 4/112023 Cash Payment E 601-49400-220 Repair Supplies & Equip SCREWS, NUTS, BOLTS $20.02 Invoice 186015 4/112023 Cash Payment E 101-43100-220 Repair Supplies & Equip 10 PK 18" CABLE TIES $20.22 Invoice 186028 4/122023 Cash Payment E 101-45200-210 Operating Supplies 3 DUPLICATE KEYS & KEY TAGS- 2 PK W/ $8.96 CHAIN Invoice 186032 4/122023 Cash Payment E 101-45200-210 Operating Supplies SCREWS, NUTS, BOLTS $53.42 Invoice 186032 4/122023 Cash Payment E 101-45200-220 Repair Supplies & Equip 12" HI SPEED COUNTER BIT $17.09 Invoice 186035 4/122023 Cash Payment E 601-49400-220 Repair Supplies & Equip 12" HI SPEED COUNTER BIT $17.09 Invoice 186034 4/122023 Cash Payment E 601-49400-220 Repair Supplies & Equip CLEANER/DEGREASER, 2 PK SHOP $33.27 TOWELS, 1/2" BALL VALVE Invoice 186037 4/122023 Cash Payment E 101-45200-220 Repair Supplies & Equip SCREWS, NUTS, BOLTS $16.90 Invoice 186044 4/122023 Cash Payment E 101-45200-210 Operating Supplies 20V MAX LITHIUM BATTERY PACK- 2 PK $161.99 Invoice 186053 4/122023 Cash Payment E 101-45200-220 Repair Supplies & Equip UNIVERSAL PUSH PULL SWITCH $9.89 Invoice 186095 4/142023 Cash Payment E 601-49400-220 Repair Supplies & Equip 1 GAL STAND-N-SPRAY $49.49 Invoice 186097 4/142023 Cash Payment E 601-49400-210 Operating Supplies 2 DUPLICATE KEYS, LATEX GLOVES, 40 LB $27.46 WATER SOFTENER CRYSTALS Invoice 186155 4/192023 I to] roil CITY OF MOUND 05/18/2312: 01 PM Page 3 Payments Current Period: May 2023 Cash Payment E 101-43100-220 Repair Supplies & Equip SCREWS, NUTS, BOLTS, DIGITAL TIRE $38.50 GAUGE Invoice 186116 4/172023 Cash Payment E 281-45210-220 Repair Supplies & Equip SCREWS, NUTS, BOLTS $41.39 Invoice 186118 4/172023 Cash Payment E 601-49400-220 Repair Supplies & Equip 16 PK SM OUT FOAM REFILL, CLEAR $62.13 CAULK, 3/4 X 60' ELECTRICIAN TAPE, 7 CT TOGGLE HOOKS Invoice 186128 4/182023 Cash Payment E 101-45200-220 Repair Supplies & Equip WD40 LUBRICANT, 14 OZ DEEP CREEP, $39.46 DRAIN OPENER Invoice 186149 4/192023 Cash Payment E 101-43100-220 Repair Supplies & Equip 5 PK 220G SAND SHEETS, 25 PK 150G SAND $83.80 SHEETS, 25 PK 10OG SAND SHEETS, 25 PK 60G SAND SHEETS, 1/4" 2.4A SANDER Invoice 186158 4202023 Cash Payment E 101-43100-220 Repair Supplies & Equip SUMP PUMP, CONNECTORS, SEAL TAPE, IN- $192.08 LINE CHECK VALVE, 90 DEGREE ELBOWS, BUSHING, FELXIBLE COUPLING Invoice 186159 4202023 Cash Payment E 101-43100-220 Repair Supplies & Equip LARGE POST MAILBOX $51.29 Invoice 186337 4282023 Cash Payment E 601-49400-220 Repair Supplies & Equip 2" SEWAGE CHECK VALVES $30.59 Invoice 186163 4202023 Cash Payment E 101-43100-220 Repair Supplies & Equip LARGE POST MAILBOX $51.29 Invoice 186171 4202023 Cash Payment E 609-49750-210 Operating Supplies 6' EXTENSION CORD, FEMALE HOSE $228.35 MENDER, RUBBER HOSE WASHERS, ADAPTERS, GARDEN HOSE, PORTABLE AIR MOVER, 50 PK 8" BLACK CABLE TIES, 3 SPEED BLOWER FAN Invoice 186333 4282023 Cash Payment E 101-45200-220 Repair Supplies & Equip SCREWS, NUTS, BOLTS, 110 OZ 50:01 $49.36 FUEL/OIL Invoice 186239 4242023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $1,526.77 Refer 1216 TRUE VALUE, MOUND (PW PKS) Cash Payment E 101-45200-220 Repair Supplies & Equip 50 PK 8" BLACK CABLE TIES, 24" DRILL $63.86 BULB PLANTER, 3' GRIPNGRAB EXTENDED REACH Invoice 186242 4242023 Cash Payment E 101-45200-220 Repair Supplies & Equip SCREWS, NUTS, BOLTS $4.48 Invoice 186245 4242023 Cash Payment E 101-45200-220 Repair Supplies & Equip 5/8 X 100' FLEXOGEN HOSE $120.58 Invoice 186295 4262023 Cash Payment E 101-45200-220 Repair Supplies & Equip BLEACH, ANGLE BROOM/DUST PAN $17.98 Invoice 186298 4262023 Cash Payment E 101-45200-220 Repair Supplies & Equip SCREWS, NUTS, BOLTS $0.30 Invoice 186307 4272023 Cash Payment E 101-45200-220 Repair Supplies & Equip TRAIL WIRING ADAPTER $8.99 Invoice 186308 4272023 Ito] 150 CITY OF MOUND Payments Current Period: May 2023 Cash Payment E 101-45200-210 Operating Supplies Invoice 186332 4282023 Transaction Date 5/172023 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND BONA TILE/LAMINATE MOP, MOP REPLACEMENT PAD, DEEP CLEAN PAD 05/18/23 12:01 PM Page 4 $65.22 U.S. Bank 10100 10100 Total $281.41 10100 U.S. Bank 10100 $1,962.69 $111.22 $41.39 $261.37 $388.18 $228.35 $2,993.20 Pre -Written Checks $0.00 Checks to be Generated by the Computer $2,993.20 Total $2,993.20 Payments Batch ELANCCO52323 CITY OF MOUND Payments Current Period: May 2023 $2,124.11 Refer 1173 ELAN CREDIT CARD _ Cash Payment E 101-41920-440 Other Contractual Servic ZOOM.US- MONTHLY SUBSCRIPTION - TO RECORD COUNCIL MEETINGS TO CLOUD FOR LMCC Invoice 052323 4/82023 Cash Payment E 609-49750-210 Operating Supplies MENARDS-28" DAISY FLORAL PINWHEELS, 2 PINK FLAMINGOS- SPRING DECOR FOR FRONT OF STORE- HWS Invoice 052323 522023 Cash Payment E 609-49750-218 Clothing and Uniforms ALL SEASON SPORTS - HWS EMBROIDERED LOGO SHIRTS- UNIFORMS FOR HWS STAFF Invoice 052323 4/142023 Cash Payment E 609-49750-200 Office Supplies Invoice 052323 4/82023 Cash Payment E 609-49750-210 Operating Supplies Invoice 052323 4/82023 Cash Payment E 609-49750-210 Operating Supplies Invoice 052323 4/82023 Cash Payment E 609-49750-200 Office Supplies Invoice 052323 4/302023 Transaction Date 5/182023 Refer 1179 ELAN CREDIT CARD Cash Payment E 222-42260-200 Office Supplies Invoice 052323-2 5/12023 Cash Payment E 222-42260-200 Office Supplies Invoice 052323-2 5/12023 Cash Payment E 222-42260-210 Operating Supplies Invoice 052323-2 4/102023 Cash Payment E 222-42260-210 Operating Supplies AMAZON.COM - 2 QTY SCOTCH DOUBLE SIDED TAPE- 12" X 500" & 6 DISPENSERED ROLLS - HWS AMAZON.COM - CAUTION- WET FLOOR CONES- 3 PK- HWS MENARDS-MOP HANDLE, ANGLE BROOM, GROUNDED WALL TAP- HWS AMAZON.COM - 600 PUNCH TIMECARDS FOR AUTO ALIGN CALCULATING TI MECLOCK- HWS 05/18/23 9:58 AM Page 1 $43.01 $50.38 $205.37 $27.18 $49.99 $45.22 $103.90 U.S. Bank 10100 10100 Total $525.05 AMAZON.COM - RED 500 SHEET REAM 20# PAPER - FIRE DEPT AMAZON.COM - 500 LAMINATING POUCHES- 7 MIL LUGGAGE TAG SIZE W/ SLOT- FIRE DEPT AMAZON.COM- NASALAIRWAYKIT-12 MEDICAL TRAUMA AIRWAYS- FIRST AID- EMERGENCY- FIRE DEPT AMAZON.COM - DIGITAL CAMERA CASE - FIRE DEPT Invoice 052323-2 5/12023 Cash Payment E 222-42260-434 Conference & Training HYATT REGENCY - INDIANAPOLIS- LODGING- A. DRILLING FDIC CONFERENCE- INDIANAPOLIS IN - APRIL 25 - 29 2023 Invoice 052323-2 4292023 Cash Payment E 222-42260-205 Computer Hardware/Sof BEST BUY.COM - MICROSOFT OFFICE SUITE SOFTWARE- FIRE DEPT Invoice 052323-2 5/32023 $16.74 $26.65 $39.38 $6.99 $582.66 $69.99 `1811509 CITY OF MOUND Payments Current Period: May 2023 Cash Payment E 222-42260-434 Conference & Training HYATT REGENCY - INDIANAPOLIS- LODGING- M. JAKUBIK FDIC CONFERENCE- INDIANAPOLIS IN - APRIL 25 - 29 2023 Invoice 052323-2 4292023 Cash Payment E 222-42260-205 Computer Hardware/Sof BEST BUY.COM - COMPUTER TO PROGRAM FIREFIGHTER PAGERS- FIRE DEPT Invoice 052323-2 5/32023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total Refer 1168 ELAN CREDIT CARD Cash Payment E 609-49750-210 Operating Supplies Invoice 0007997 4/62023 Transaction Date 4/182023 05/18/23 9:58 AM Page 2 $582.66 $199.99 $1,525.06 STA-SAFE LOCKSMITHS COMPANY- $74.00 DUPLICATE DOOR KEYS FOR HWS- 8 QTY "DO NOT DUPLICATE" KEYS, PLUS 4 QTY 6- PIN KEYS & 4 QTY 5- PIN KEYS U.S. Bank 10100 10100 Total Fund Summary 10100 U.S. Bank 10100 101 GENERAL FUND $43.01 222 AREA FIRE SERVICES $1,525.06 609 MUNICIPAL LIQUOR FUND $556.04 $2,124.11 Pre -Written Checks $0.00 Checks to be Generated by the Computer $2,124.11 Total $2,124.11 $74.00 Payments Batch 052323CITY CITY OF MOUND Payments Current Period: May 2023 $99,678.86 05/18/23 10:43 AM Page 1 Refer 1131 ASPEN MILLS _ Cash Payment E 222-42260-210 Operating Supplies 5 SOFT SHELL NAVY DUTY VESTS- W/ FIRE $534.25 DEPT LOGO PATCH ON RIGHT CHEST Invoice 313218 5/32023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $534.25 Refer 1152 BLOOD, MIKE _ Cash Payment E 101-43100-220 Repair Supplies & Equip REIMBURSE REPAIR MATERIALS FOR $41.55 SNOWPLOW DAMAGED DOCK- MENARDS- GREEN TREAT WOOD- M. BLOOD 1675 DOVELANE Invoice 052323 5/152023 Cash Payment E 101-43100-220 Repair Supplies & Equip REIMBURSE REPAIR MATERIALS FOR $534.18 SNOWPLOW DAMAGED DOCK- 3 QTY 16' PIPES- DOCK & LIFT INC.- M. BLOOD 1675 DOVELANE Invoice 052323 5/152023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $575.73 Refer 1126 CINTAS _ Cash Payment E 602-49450-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $62.91 REFILL- PUB WKS SHOP- 5/0423 Invoice 4154509515 5/42023 Project 23-4 Cash Payment E 602-49450-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $62.91 REFILL- PUB WKS SHOP- 5/11/23 Invoice 4155239709 5/112023 Project 23-4 Cash Payment E 609-49750-210 Operating Supplies MATS, TOWELS, DUST MOP, WET MOP- $64.52 HWS- 5/0423 Invoice 4154509488 5/42023 Cash Payment E 609-49750-210 Operating Supplies MATS, TOWELS, DUST MOP, WET MOP- $64.52 HWS- 5/11/23 Invoice 4155239579 5/112023 Transaction Date 5/152023 U.S. Bank 10100 10100 Total $254.86 Refer 1127 DAVEY TREE EXPERT COMPANY _ Cash Payment E 101-45200-533 Tree Removal REMOVE 3 BASSWOOD TREES IN SEVERE $7,350.00 DECLINE- 1 LEANING SIGNIFICANTLY TOWARD NEIGHBORING PROPERTY, REMOVE DECLINED RED OAK TO NEAR GRADE, PRUNE OFF BROKEN STORM DAMAGED LIMBS ON TREE OVERHANGING LIFT STATION DRIVEWAY- HAUL WOOD & DEBRIS AWAY- 5-2-23 @ 3000 HIGHLAND BLVD- CITY LIFT STATION EASEMENT Invoice 917540373 5/32023 Cash Payment E 101-45200-533 Tree Removal UTILITY CUTTING- HAUL WOOD & DEBRIS $1,400.00 AWAY- 5-4-23 @ 2925 MEADOW LANE Invoice 917552762 5/52023 Cash Payment E 101-45200-533 Tree Removal REMOVE 4 QTY DECLINED EAB INFESTED $6,480.00 TREES- TO NEAR GRADE, HAUL WOOD & DEBRIS AWAY- 5-3-23 @ 3000 HIGHLAND BLVD Invoice 917552762 5/52023 Project EAB CITY OF MOUND 05/18/2310:43AM Page 2 Payments Current Period: May 2023 Cash Payment E 101-45200-533 Tree Removal REMOVE 3 EAB INFESTED TREES @ 1735 $14,000.00 LAFAYETTE LN, 1747 LAFAYETTE LN,&1797 LAFAYETTE LN- TO NEAR GRADE, HAUL WOOD & DEBRIS AWAY- 5-10-23 Invoice 917573763 5/112023 Project EAB Transaction Date 5/152023 U.S. Bank 10100 10100 Total $29,230.00 Refer 1128 DURKIN, DAVID _ Cash Payment E 404-45200-500 Capital Outlay FA 2023 SURFSIDE PARK IMPROVEMENT $19,000.00 PROJECT PW 23-13- TEAROUT. HAUL AWAY EXISTING MODULAR TIMBER WALLS & INSTALL NEW MODULAR WALLS IN SIMILAR LOCATION WITH 2 STEPS Invoice 052323 5/152023 Project PW2313 Transaction Date 5/152023 U.S. Bank 10100 10100 Total $19,000.00 Refer 1129 HENNEPIN COUNTY INFORMATIO _ Cash Payment E 602-49450-321 Telephone, Cells, & Red PW RADIO LEASE & FLEET FEE - APRIL 2023 $342.56 Invoice 1000206042 522023 Project 23-4 Cash Payment E 222-42260-321 Telephone, Cells, & Red FIRE DEPT RADIO LEASE & FLEET FEE - $2,176.28 APRIL 2023 Invoice 1000205985 522023 Cash Payment E 101-42115-321 Telephone, Cells, & Red EMERGENCY MGMT RADIO LEASE & FLEET $66.86 FEE- APRIL 2023 Invoice 1000205985 522023 Transaction Date 5/152023 U.S. Bank 10100 10100 Total $2,585.70 Refer 1184 HIGHWAY 55 RENTAL _ Cash Payment E 101-45200-440 Other Contractual Servic 4-WHEEL DRIVE JOHN DEERE TRACTOR $431.71 RENTAL- W/ LOADER ATTACHMENT & TILLER- WORK @ CLOVER CIRCLE- PARKS DEPT Invoice 577311 5/92023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $431.71 Refer 1130 HOME DEPOT/GECF (PAM Cash Payment E 101-43100-220 Repair Supplies & Equip 200 LUMEN 3 PK HEADLIGHTS, UTILITY $75.83 KNIVES, MAGNETIC BIT HOLDER SET, 6 PK CAR AIR FRESHENER, J-B WELD EPDXY PUTTY, WELL PRO ORIGINAL TUBE, OFF REPELLANT, SPORTSMAN MAX SPRAY, WASP & HORNET SPRAY, HUSKY 15 PC SCREWDRIVER SET- STREETS & WATER DEPTS Invoice 3013642 4/192023 Cash Payment E 601-49400-220 Repair Supplies & Equip 200 LUMEN 3 PK HEADLIGHTS, UTILITY $75.84 KNIVES, MAGNETIC BIT HOLDER SET, 6 PK CAR AIR FRESHENER, J-B WELD EPDXY PUTTY, WELL PRO ORIGINAL TUBE, OFF REPELLANT, SPORTSMAN MAX SPRAY, WASP & HORNET SPRAY, HUSKY 15 PC SCREWDRIVER SET- STREETS & WATER DEPTS Invoice 3013642 4/192023 Transaction Date 5/162023 U.S. Bank 10100 10100 Total $151.67 Refer 1132 JESSEN PRESS INCORPORATED `18r51i] Cash Payment E 101-41110-350 Printing Invoice 690741 5/32023 Transaction Date 5/172023 CITY OF MOUND Payments Current Period: May 2023 PRINT, MAIL -CITY CONTACT NEWSLETTER 8 PG MAY, JUNE & JULY 2023 5,910 COPIES U.S. Bank 10100 10100 Total Refer 1133 KIRVIDA FIRE- APPARATUS SVC Cash Payment E 222-42260-409 Other Equipment Repair FOAM WATER IN TANK- REPLACE LEAKING FOAM PRO FOAM MANIFOLD- FIRE TRUCK #L44- 2016 E-ONE TYPHOON 75' LADDER- 5- 4-23 05/18/23 10:43 AM Page 3 $2,125.00 $2,125.00 $1,881.09 Invoice 11340 5/42023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $1,881.09 Refer 1134 KLM ENGINEERING, INCORPORAT Cash Payment E 601-49400-440 Other Contractual Servic REPAIR & SCREEN INSTALLATION $9,700.00 ELEVATED WATER TOWER #3 CHATEAU LN Invoice 9545 5/62023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $9,700.00 Refer 1135 LOFFLER COMPANIES, INCORPOR _ Cash Payment E 101-41930-202 Duplicating and copying COPY ROOM KONICA C650i - COLOR $88.63 OVERAGE- 2-01-23 THRU 4-30-23 Invoice 4345989 5/12023 Cash Payment E 101-41930-202 Duplicating and copying COPY ROOM KONICA C650i - B & W $120.54 OVERAGE- 2-01-23 THRU 4-30-23 Invoice 4345989 5/12023 Cash Payment E 609-49750-202 Duplicating and copying HWS COPIER -CANON C26501F - COLOR $21.11 OVERAGE- 2-01-23 THRU 4-30-23 Invoice 4345998 5/12023 Cash Payment E 609-49750-202 Duplicating and copying HWS COPIER -CANON C26501F - B & W $42.57 OVERAGE- 2-01-23 THRU 4-30-23 Invoice 4345998 5/12023 Cash Payment E 101-41930-202 Duplicating and copying COPY ROOM KONICA C650i - B & W & -$51.91 COLOR CARRYOVER CREDIT SUPPLIES Invoice 4345989 5/12023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $220.94 Refer 1136 MARTIN-MCALLISTER _ Cash Payment E 222-42260-305 Medical Services PUBLIC SAFETY ASSESSMENT- PRE- $625.00 EMPLOYMENT NEW FIREFIGHTER- M. KOCIKOWSKI Invoice 15325 4/302023 Transaction Date 5/172023 Refer 1181 MINNESOTA DEPT OF HEALTH Cash Payment R 601-49400-37170 State fee - Water Invoice 052323 5/122023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total 2ND QTR 2023 COMMUNITY WATER SUPPLY SVC CONNECTION FEE- 3762 CONNECTIONS U.S. Bank 10100 10100 Total Refer 1137 MINNESOTA VALLEY TESTING LA _ Cash Payment E 601-49400-470 Water Samples MONTHLY CHLORINE REPORT & COLIFORM WATER TESTS -10 Invoice 1196381 5/52023 Transaction Date 5/172023 U.S. Bank 10100 10100 Refer 1138 MNNVI PLAYGROUND, INC. _ Total $625.00 $9,598.00 $9,598.00 $158.40 $158.40 `18r�+. CITY OF MOUND Payments Current Period: May 2023 Cash Payment E 404-45200-500 Capital Outlay FA SURFSIDE PARK IMPROVEMENT PROJ- PW 23-13-- VOLLEYBALL COURT SYSTEM & GROUND SLEEVES Invoice 2023139 5/42023 Project PW2313 Transaction Date 5/172023 U.S. Bank 10100 10100 Total Refer 1139 MOUND FIRE RELIEF ASSOCIATIO _ Cash Payment E 222-42260-124 Fire Pens Contrib MAY 2023- FIRE RELIEF PENSION CONTRIBUTION Invoice 052023 5/12023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total Refer 1140 MTI DISTRIBUTING, INC. _ Cash Payment E 101-45200-220 Repair Supplies & Equip 2 OIL FILTERS, 2 AIR FILTER ELEMENTS - PARKS DEPT Invoice 1383433 5/32023 Cash Payment E 101-45200-220 Repair Supplies & Equip CARBURETOR ASSEMBLY- PARKS DEPT Invoice 1383433-01 5/92023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total Refer 1141 MUELLER, WILLIAM AND SONS _ Cash Payment E 101-43100-224 Street Maint Materials 3/8" VIRGIN FINE ASPHALT- 4.32 TON 5-10- 23- STREETS Invoice 286555 5/102023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total Refer 1142 NELSON DIESEL REPAIR _ Cash Payment E 101-43100-404 Equip & Vehicle Repairs SVC CALL- WELD PLATE ON PELICAN SWEEPER GUARD, INSTALL 4 VALVES ON STREETS TRUCK #312 , CONNECT ALL AIR LINES TO VALVES Invoice 1475 5/42023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total Refer 1143 NEWMAN SIGNS, INC. _ Cash Payment E 101-43100-226 Sign Repair Materials SIGN MATERIALS- 5 QTY TELESPAR 2" X 10"- 12 GAUGE, 5 QTY TRINITY TELESPAR 2" SQUARE SURFACE MOUNT BASES Invoice 046635 5/92023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total Refer 1144 OFFICEDEPOT Cash Payment E 101-41930-200 Office Supplies Invoice 310535234001 5/12023 PO 25098 Cash Payment E 609-49750-200 Office Supplies Invoice 312745014001 5/82023 PO 50523 Cash Payment E 609-49750-200 Office Supplies Invoice 312745510001 5/82023 PO 50523 Transaction Date 5/172023 Refer 1145 OPUS 21 MGMT SOLUTIONS, LLC 3 CASES COPY PAPER, 10 PK SCOTCH TAPE ROLLS, 1 REAM EACH GOLDENROD, SLAMON, PINK PAPER, 12 PK 8 12 X 11" WRITING PADS - CITY HALL COPY PAPER - HWS LOOSE LEAF SIGN PAPER, HEAVY DUTY 4 PK TAPE- HWS U.S. Bank 10100 10100 Total 05/18/23 10:43 AM Page 4 $1,715.00 $1,715.00 $12,075.00 $12,075.00 $34.32 $184.24 $218.56 $345.60 $345.60 $670.97 $670.97 $587.85 $587.85 $216.77 $39.89 $27.28 $283.94 CITY OF MOUND 05/18/2310:43AM Page 5 Payments Current Period: May 2023 Cash Payment E 601-49400-307 Admin/Finance/Comput APRIL 2023 -UTILITY BILLING -CIS DATA $1,805.14 HOSTING, PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 230447 5/52023 Cash Payment E 602-49450-307 Admin/Finance/Comput APRIL 2023 -UTILITY BILLING -CIS DATA $1,805.14 HOSTING, PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 230447 5/52023 Cash Payment E 601-49400-322 Postage APRIL 2023- UTILITY BILLING POSTAGE $429.33 Invoice 230447 5/52023 Cash Payment E 602-49450-322 Postage APRIL 2023- UTILITY BILLING POSTAGE $429.32 Invoice 230447 5/52023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $4,468.93 Refer 1146 PERFORMANCEPLUS LLC _ Cash Payment E 222-42260-305 Medical Services PRE -PLACEMENT MEDICAL EXAM, DRUG $359.00 SCREEN, MASK FIT, HEPATITIS B TITER - NEW FIREFIGHTER- M. KOCIKOWSKI Invoice 123434 5/12023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $359.00 Refer 1147 SPIKES FEED, SEED & PET SUPPL _ Cash Payment E 101-45200-232 Landscape Material 10 STRAW BALES $79.50 Invoice 2684/9 5/102023 Cash Payment E 101-45200-232 Landscape Material 2 25# BAGS- ULTRA SUNNY LAWN SEED Invoice 2684/9 5/102023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $178.90 $258.40 Refer 1148 SUN PATRIOT NEWSPAPER -CITY Cash Payment E 101-41110-351 Legal Notices Publishing LEGAL NTCE- ORDINANCE 06-2023 $49.50 AMENDING CITY CODE CHAPTER 38 LICENSES, ETC. ESTABLISHING BUSINESS LICENSING & REGULATION OF THC PRODUCTS & REPEALS ORD 06-2022 INTERIM ORD IMPOSING A 1-YEAR MORATORIUM ON THE SALE OF CANNIBIS PRODUCTS TO ALLOW THE CITY TO CONDUCT STUDIES- PUB 5-6-23 Invoice 945959 5/62023 Cash Payment G 101-23497 2603 COMMERCE- TRIPLE LEGAL NTCE- PUBLIC HEARING 5-23-23 TO $66.00 CONSIDER A CONDITIONAL USE PERMIT APP FROM TRIPLE S CO. FOR A BLDG REMODEL/ADDITION PROJECT @ 2603 COMMERCE BLVD- PUB 5-13-23 Invoice 947173 5/132023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $115.50 Refer 1180 SUN PATRIOT NEWSPAPER -CITY Cash Payment E 601-49400-351 Legal Notices Publishing HYDRANT FLUSHING NOTICE- PUBLISHED 5- $162.50 13-23 Invoice 947347 5/142023 Cash Payment E 601-49400-351 Legal Notices Publishing HYDRANT FLUSHING NOTICE- PUBLISHED 5- $162.49 06-23 Invoice 946232 5172023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $324.99 Refer 1149 WASTE MANAGEMENT OF WI -MN CITY OF MOUND Payments Current Period: May 2023 05/18/23 10:43 AM Page 6 Cash Payment E 101-41930-384 Refuse/Garbage Dispos GARBAGE SERVICE MAY 2023- CITY HALL & $98.49 FIRE DEPT Invoice 7778724-1593-3 5/32023 Cash Payment E 222-42260-384 Refuse/Garbage Dispos GARBAGE SERVICE MAY 2023- CITY HALL & $98.48 FIRE DEPT Invoice 7778724-1593-3 5/32023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $196.97 Refer 1150 WATER CONSERVATION SERVICE _ Cash Payment E 601-49400-440 Other Contractual Servic LEAK LOCATE 1853 SHOREWOOD LN 4 - $359.48 26-23 Invoice 13200 5/82023 Cash Payment E 601-49400-440 Other Contractual Servic LEAK LOCATE 2549 EMERALD DR 4 -25-23 $441.32 Invoice 13200 5/82023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $800.80 Refer 1151 WORKS TRATEGIES _ Cash Payment E 609-49750-305 Medical Services POST OFFER EMPLOYMENT TESTING- $185.00 APRIL 2023 NEW HIRE-C. WRIGHT -HWS Invoice 846548440 5/152023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $185.00 Fund Summary 10100 U.S. Bank 10100 101 GENERAL FUND $35,174.53 222 AREA FIRE SERVICES $17,749.10 404 COMMUNITY INVESTMENT RESERVE $20,715.00 601 WATER FUND $22,892.50 602 SEWER FUND $2,702.84 609 MUNICIPAL LIQUOR FUND $444.89 $99,678.86 Pre -Written Checks $0.00 Checks to be Generated by the Computer $99,678.86 Total $99,678.86 ID :VA Payments Batch 052323HWS Refer 1206 56 BREWING, LLC CITY OF MOUND Payments Current Period: May 2023 $113,085.15 Cash Payment E 609-49750-252 Beer For Resale Invoice 5622615 5/92023 Transaction Date 5/172023 Refer 1171 ARTISAN BEER COMPANY Cash Payment E 609-49750-252 Beer For Resale Invoice 3603147 5/122023 Cash Payment E 609-49750-252 Beer For Resale Invoice 3601804 5/52023 Cash Payment E 609-49750-253 Wine For Resale Invoice 21568 5/112023 Transaction Date 5/172023 Refer 1208 BACK CHANNEL BREWING Cash Payment E 609-49750-252 Beer For Resale Invoice 1682 5/102023 Transaction Date 5/172023 BEER U.S. Bank 10100 10100 BEER BEER WINE- ORIGIN U.S. Bank 10100 10100 BEER U.S. Bank 10100 10100 Total Total 05/18/23 12:12 PM Page 1 $322.00 $322.00 $543.50 $1,084.80 $112.00 $1,740.30 $160.00 Total $160.00 Refer 1185 BALD MAN BREWING COMPANY _ Cash Payment E 609-49750-252 Beer For Resale BEER $248.20 Invoice 7245 5/152023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $248.20 Refer 1186 BELLBOY CORPORATION _ Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, BAGS- C-FOLD TOWELS, UPC $163.75 SHELF STRIPS Invoice 0106823000 5/172023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $73.70 Invoice 0106823000 5/172023 Cash Payment E 609-49750-255 Misc Merchandise For R MDSE- GIFT BAGS, DOUBLD JIGGERS, $41.10 PLASTIC FLASKS, Invoice 0106823000 5/172023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $278.55 Refer 1189 BELLBOY CORPORATION _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $404.30 Invoice 0099459900 5/172023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,726.45 Invoice 0099470600 5/172023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $4,130.75 Refer 1155 BELLBOY CORPORATION _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,484.28 Invoice 0099331900 5/52023 Cash Payment E 609-49750-253 Wine For Resale WINE $76.95 Invoice 0099278800 5/52023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $167.30 Invoice 0099361100 5/102023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,656.55 Invoice 0099390400 5/102023 ■111M CITY OF MOUND Payments Current Period: May 2023 05/18/23 12:12 PM Page 2 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $4,385.08 Refer 1172 BELLBOY CORPORATION _ Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, BAGS $91.00 Invoice 0106770900 5/52023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $226.00 Invoice 0106771000 5/52023 Cash Payment E 609-49750-255 Misc Merchandise For R MDSE- STAINLESS 3 PC SHAKER SET $12.00 Invoice 0106771000 5/52023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $329.00 Refer 1203 BLACKSTACK BREWING _ Cash Payment E 609-49750-252 Beer For Resale BEER $8.50 Invoice 22546 5/122023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $8.50 Refer 1190 BLUE CLOUD DISTRIBUTION, INC. _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $55.40 Invoice 101071720 5/162023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $55.40 Refer 1196 BRASS FOUNDRY BREWING CO. _ Cash Payment E 609-49750-252 Beer For Resale BEER $200.99 Invoice 9077 5/92023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $200.99 Refer 1163 BREAKTHRU BEVERAGE MN BEE _ Cash Payment E 609-49750-252 Beer For Resale BEER $4,568.50 Invoice 900113431 5/92023 Cash Payment E 609-49750-252 Beer For Resale BEER $264.00 Invoice 900114920 5/92023 Cash Payment E 609-49750-252 Beer For Resale BEER $124.00 Invoice 900113432 5/92023 Cash Payment E 609-49750-252 Beer For Resale BEER $1,590.20 Invoice 900108676 5/92023 Cash Payment E 609-49750-252 Beer For Resale BEER $33.85 Invoice 900108677 5/92023 Cash Payment E 609-49750-252 Beer For Resale BEER- KEG DEPOSIT RETURN -$30.00 Invoice 900108677 5/92023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $6,550.55 Refer 1153 BREAKTHRU BEVERAGE MN BEE _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 900114167 5/42023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 900113891 5/42023 Transaction Date 5/172023 U.S. Bank 10100 10100 Refer 1192 BREAKTHRU BEVERAGE MN BEE _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 349165566 5/162023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 349165567 5/162023 $4,640.00 $96.00 Total $4,736.00 $226.25 $198.00 ■DBOE! CITY OF MOUND Payments Current Period: May 2023 05/18/23 12:12 PM Page 3 Cash Payment E 609-49750-252 Beer For Resale BEER $57.60 Invoice 349165563 5/162023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $481.85 Refer 1195 BREAKTHRU BEVERAGE MN BEE _ Cash Payment E 609-49750-252 Beer For Resale BEERCREDIT -$16.92 Invoice 362612413 5/152023 Cash Payment E 609-49750-252 Beer For Resale BEER $11,266.32 Invoice 900116703 5/152023 Cash Payment E 609-49750-252 Beer For Resale BEERCREDIT -$6.60 Invoice 362611994 5/152023 Cash Payment E 609-49750-252 Beer For Resale BEERCREDIT -$21.60 Invoice 362612141 5/152023 Cash Payment E 609-49750-252 Beer For Resale BEERCREDIT -$20.74 Invoice 362612409 5/152023 Cash Payment E 609-49750-252 Beer For Resale BEERCREDIT -$8.07 Invoice 362612414 5/152023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $11,192.39 Refer 1194 BREAKTHRU BEVERAGE MN BEE _ Cash Payment E 609-49750-252 Beer For Resale BEER $896.00 Invoice 349182906 5/172023 Cash Payment E 609-49750-252 Beer For Resale BEER $101.00 Invoice 349189829 5/172023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $997.00 Refer 1160 BREAKTHRU BEVERAGE MN WINE Cash Payment E 609-49750-253 Wine For Resale WINE $208.00 Invoice 349072769 5/102023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $35.95 Invoice 349072769 5/102023 Cash Payment E 609-49750-253 Wine For Resale WINE $640.00 Invoice 349072768 5/102023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,712.13 Invoice 349072770 5/102023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $4,596.08 Refer 1154 BREAKTHRU BEVERAGE MN WINE _ Cash Payment E 609-49750-253 Wine For Resale WINE $1,152.00 Invoice 348990405 5/42023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $1,152.00 Refer 1198 BREAKTHRU BEVERAGE MN WINE _ Cash Payment E 609-49750-253 Wine For Resale WINE $1,052.00 Invoice 349169480 5/172023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,614.30 Invoice 349169481 5/172023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $4,666.30 Refer 1158 CAPITOL BEVERAGE SALES, L.P. _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,183.60 Invoice 2831712 5/52023 CITY OF MOUND Payments Current Period: May 2023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2834738 5/122023 Transaction Date 5/172023 U.S. Bank 10100 10100 Refer 1170 CAPITOL BEVERAGE SALES, L.P. _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2832904 5/92023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2832904 5/92023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2832901 5/92023 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 2832902 5/92023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2832905 5/92023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2832903 5/92023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2831711 5/52023 Transaction Date 5/172023 U.S. Bank 10100 10100 Refer 1199 CAPITOL BEVERAGE SALES, L.P. _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2835876 5/162023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 2835876 5/162023 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 2835873 5/162023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2835874 5/162023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2835875 5/162023 Transaction Date 5/182023 U.S. Bank 10100 10100 Refer 1202 CLEAR RIVER BEVERAGE CO. Cash Payment E 609-49750-252 Beer For Resale Invoice 688251 5/152023 Transaction Date 5/172023 Refer 1166 DAHLHEIMER BEVERAGE LLC Cash Payment E 609-49750-252 Beer For Resale Invoice 1903587 5/102023 Transaction Date 5/172023 Refer 1209 DAHLHEIMER BEVERAGE LLC Cash Payment E 609-49750-252 Beer For Resale Invoice 1909263 5/172023 Cash Payment E 609-49750-252 Beer For Resale Invoice 1909264 5/172023 Transaction Date 5/182023 BEER U.S. Bank 10100 10100 BEER U.S. Bank 10100 10100 BEER BEER U.S. Bank 10100 10100 Refer 1197 EVERLY FARMS WINERY _ Total 05/18/23 12:12 PM Page 4 $374.00 $1,557.60 $57.00 $4,655.75 $528.00 -$80.19 $65.85 $66.50 $97.00 Total $5,389.91 $68.00 $236.60 -$28.20 $300.40 $1,896.75 Total $2,473.55 $351.75 Total $351.75 $215.70 Total $215.70 Total $61.50 $3,646.55 $3,708.05 CITY OF MOUND Payments Current Period: May 2023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 0001101 5/102023 Transaction Date 5/172023 U.S. Bank 10100 10100 Refer 1165 HOHENSTEINS, INCORPORATED _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 606602 5/92023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 606602 5/92023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 606603 5/92023 Transaction Date 5/172023 U.S. Bank 10100 10100 Refer 1187 HOHENSTEINS, INCORPORATED _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 606257 5/52023 Transaction Date 5/172023 U.S. Bank 10100 10100 Refer 1210 HOHENSTEINS, INCORPORATED _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 608909 5/162023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 608908 5/162023 Transaction Date 5/182023 U.S. Bank 10100 10100 Refer 1205 INBOUND BREWCO _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 15991 5/42023 Transaction Date 5/172023 U.S. Bank 10100 10100 Refer 1207 INSIGHT BREWING COMPANY Cash Payment E 609-49750-252 Beer For Resale Invoice 5125 5/52023 Transaction Date 5/172023 BEER U.S. Bank 10100 10100 Refer 1217 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 2300129 5/172023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2300127 5/172023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2300128 5/172023 Transaction Date 5/182023 U.S. Bank 10100 10100 Refer 1174 JOHNSON BROTHERS LIQUOF Cash Payment E 609-49750-251 Liquor For Resale Invoice 2295391 5/102023 Cash Payment E 609-49750-253 Wine For Resale Invoice 2295392 5/102023 Cash Payment E 609-49750-251 Liquor For Resale Invoice 249171 4242023 Transaction Date 5/172023 Refer 1193 LIBATION PROJECT LIQUOR WINE LIQUOR CREDIT U.S. Bank 10100 10100 Total Total 05/18/23 12:12 PM Page 5 $162.00 $162.00 $106.50 $53.00 $748.50 $908.00 $255.00 Total $255.00 $2,145.60 $26.50 Total $2,172.10 $432.00 Total $432.00 $59.95 Total $59.95 $26.00 $4,787.71 $1,683.31 Total $6,497.02 $9,501.88 $4,398.94 -$15.83 Total $13,884.99 1[6ilA CITY OF MOUND Payments Current Period: May 2023 05/18/23 12:12 PM Page 6 Cash Payment E 609-49750-251 Liquor For Resale WINE $122.00 Invoice 58067 5/102023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $122.00 Refer 1178 LUPULIN BREWING COMPANY _ Cash Payment E 609-49750-252 Beer For Resale BEER $458.40 Invoice 53057 5/112023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $458.40 Refer 1183 MARLIN S TRUCKING DELIVERY _ Cash Payment E 609-49750-265 Freight DELIVERY SVC 5-4-23 $378.20 Invoice 39391 5/42023 Cash Payment E 609-49750-265 Freight DELIVERY SVC 5-11-23 $489.80 Invoice 39407 5/112023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $868.00 Refer 1218 MODIST BREWING CO. LLC _ Cash Payment E 609-49750-252 Beer For Resale BEER $205.00 Invoice 41207 5/172023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $205.00 Refer 1191 MOUND MARKETPLACE ASSOC _ Cash Payment E 609-49750-412 Building Rentals MAY 2023 COMMON AREA MTCE & $1,600.75 INSURANCE HWS Invoice 030122 5/12023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $1,600.75 Refer 1161 MOUND, CITY OF _ Cash Payment E 609-49750-382 Water Utilities WATER SERVICE 2-28-23 THRU 3-31-23- $109.02 HWS Invoice 052323 5202023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $109.02 Refer 1156 PAUSTIS AND SONS WINE COMPA _ Cash Payment E 609-49750-253 Wine For Resale WINE $465.50 Invoice 201317 5/82023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $465.50 Refer 1219 PAUSTIS AND SONS WINE COMPA _ Cash Payment E 609-49750-253 Wine For Resale WINE $232.00 Invoice 201960 5/152023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $232.00 Refer 1204 PAUSTIS AND SONS WINE COMPA _ Cash Payment E 609-49750-253 Wine For Resale WINE $214.00 Invoice 201434 5/82023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $214.00 Refer 1162 PHILLIPS WINEAND SPIRITS, INC _ Cash Payment E 609-49750-253 Wine For Resale LIQUOR $487.50 Invoice 6586574 5/42023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $487.50 Refer 1169 PHILLIPS WINEAND SPIRITS, INC _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $28.50 Invoice 6589332 5/102023 ■181iii] CITY OF MOUND Payments Current Period: May 2023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 6589331 5/102023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 6589330 5/102023 Transaction Date 5/172023 U.S. Bank 10100 10100 Refer 1220 PHILLIPS WINE AND SPIRITS, INC _ Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 6593297 5/172023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 6593295 5/172023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 6593297 5/172023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 6593296 5/172023 Transaction Date 5/182023 U.S. Bank 10100 10100 Refer 1188 PRYES BREWING COMPANY, LLC _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 54715 5/112023 Transaction Date 5/172023 U.S. Bank 10100 10100 05/18/23 12:12 PM Page 7 $4,704.60 $1,116.10 Total $5,849.20 Total $80.00 $144.00 $66.30 $368.00 $658.30 $366.50 Total $366.50 Refer 1182 SHAMROCK GROUP, INC. Cash Payment E 609-49750-255 Misc Merchandise For R ICE $229.45 Invoice 2888890 5/62023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $229.45 Refer 1157 SOUTHERN WINE & SPIRITS OF M _ Cash Payment E 609-49750-253 Wine For Resale WINE $504.00 Invoice 2343559 5/112023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,420.59 Invoice 2343561 5/112023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $108.00 Invoice 2343563 5/112023 Cash Payment E 609-49750-253 Wine For Resale WINE $1,128.00 Invoice 2343560 5/112023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,066.16 Invoice 2343562 5/112023 Cash Payment E 609-49750-253 Wine For Resale WINE $36.00 Invoice 2343564 5/112023 Cash Payment E 609-49750-253 Wine For Resale WINE $136.00 Invoice 2343565 5/112023 Cash Payment E 609-49750-253 Wine For Resale WINE $96.00 Invoice 2344238 5/122023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $6,494.75 Refer 1221 SOUTHERN WINE & SPIRITS OF M _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,319.13 Invoice 2346187 5/182023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $228.34 Invoice 2346184 5/182023 Cash Payment E 609-49750-253 Wine For Resale WINE $960.00 Invoice 2346185 5/182023 ■18`i2ri CITY OF MOUND Payments Current Period: May 2023 05/18/23 12:12 PM Page 8 Cash Payment E 609-49750-253 Wine For Resale WINE $674.04 Invoice 2346184 5/182023 Cash Payment G 222-22801 Deposits/Escrow WINE- FIRE DEPT TO REIMBURSE- FOR $640.00 FISH FRY Invoice 2346184 5/182023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $3,821.51 Refer 1173 SUMMER LAKES BEVERAGE LLC _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $1,165.50 Invoice 5586 5/152023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $1,165.50 Refer 1177 VINOCOPIA, INCORPORATED _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,155.00 Invoice 0329232 5/112023 Cash Payment E 609-49750-253 Wine For Resale WINE $537.37 Invoice 0329203 5/112023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT PRICING ADJUSTMENT -$28.50 Invoice 0329232-CM 5/122023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $2,663.87 Refer 1164 WINE COMPANY _ Cash Payment E 609-49750-253 Wine For Resale WINE $608.00 Invoice 235285 5/112023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $608.00 Refer 1159 WINE MERCHANTS _ Cash Payment E 609-49750-253 Wine For Resale WINE $578.00 Invoice 7426534 5/102023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $578.00 Refer 1161 WINE MERCHANTS _ Cash Payment E 609-49750-253 Wine For Resale WINE $160.00 Invoice 7425209 4282023 Transaction Date 5/172023 U.S. Bank 10100 10100 Total $160.00 Refer 1222 WINE MERCHANTS _ Cash Payment E 609-49750-253 Wine For Resale WINE $1,429.34 Invoice 7427486 5/172023 Transaction Date 5/182023 U.S. Bank 10100 10100 Total $1,429.34 Fund Summary 10100 U.S. Bank 10100 222 AREA FIRE SERVICES $640.00 609 MUNICIPAL LIQUOR FUND $112,445.15 $113,085.15 Pre -Written Checks $0.00 Checks to be Generated by the Computer $113,085.15 Total $113,085.15 1181-016 MOUND CITY COUNCIL MINUTES MAY 4, 2023 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Thursday, May 4, 2023, at 6:30 p.m. in the Council Chambers of the Centennial Building. Members present: Mayor Jason Holt; Council Members Sherrie Pugh, Paula Larson, Kathy McEnaney, Kevin Castellano Members absent: None Others present: City Manager/Public Works Director Eric Hoversten, Public Works Superintendent Ryan Prich, Fire Chief Greg Pederson, Administrative Services Director Catherine Pausche, Orono Police Chief Correy Farniok 1. Open meeting Mayor Holt called the meeting to order at 6:31 p.m. 2. Approve the agenda Motion by Larson, seconded by Castellano, to approve the agenda. All voted in favor. Motion carried. 3. Supervisors' Annual Reports to the City Council Annual reports were presented by Department Heads with discussion following. A. Orono Police Department — Police Chief Correy Farniok Chief Farniok said the department hires two special needs teens for 4-6 hours per week to work in the office and to work in community relations, noting one has bagged groceries and one has worked at Culvers. The partnership gives officers exposure on how best to work with people on the autism spectrum. Farniok said 61 pounds of drugs were collected at the National Drug Take Back Day, noting often opioid abuse starts with prescriptions and moves to illicit drugs. Farniok said there were a series of retirements but noted they just trained in two new officers and are recruiting more. Farniok said Sergeant Tony Witke was promoted to Deputy Chief and Officer Ryan Spencer was promoted to Sergeant. Chief Farniok said the Police Commission meets 3 — 4 times a year but he invites feedback anytime. Mayor Holt thanked the department for their service. B. Fire & Rescue/Emergency Response/Emergency Management — Fire Chief Greg Pederson L Fire & Rescue/Emergency Response Chief Pederson stated call volumes continue to increase with medicals now making up 67%, noting the pandemic impact and increase in police assists. Pederson noted the challenge with the volunteer department model and the trend of more departments moving to full time. Pederson said they are working with Presbyterians Homes to try to reduce lift assists. Pederson noted $500K in fund balance was intentionally spent down to address some equipment needs but the department is still in a solid financial position, particularly since building was paid off in 2022. Pederson said the main challenges remain recruiting and retention, noting a recent new hire and two interviews conducted earlier today. 1091 Mound City Council Minutes —May 4, 2023 Pederson said the Department is celebrating its 100'h year kicking off with the June 3'd Fish Fry Pederson noting other upcoming events include a June 22nd major incident training with the Westonka High School staff that it is being kept low key, final inspection of the new pumper truck on September 15'h and the annual open house October 4'h ii. Emergency Management Pederson presented the emergency management/preparedness overview, noting that because we don't have our own police department, it falls within his purview with the assistance of Field Officer Andrew Drilling and Administrative Assistant Vicki Weber. Chief said they would like to do a large-scale incident training with the Council and staff in the coming months, noting there is now time for planning after the challenges of responding to the global pandemic. C. Community Development/Planning/Zoning/Building Inspections — Community Development Director Sarah Smith Community Development Director Sarah Smith's said many topics were covered at the joint City Council and Planning Commission workshop in February. Smith highlighted the implementation of the Community Core on-line permitting software has gone well and has been well received by staff and the public and that the focus has turned to the Comp Plan Health Check. D. Public Works (Parks) Operations & City Projects — Public Works Superintendent Ryan Prich and City Manager/PWD Eric Hoversten Hoversten said high turnover with 5 new members of the 11 member crew has been a challenge, noting Prich and the lead workers have done a fantastic job getting the new members up to speed under very difficult winter conditions. Prich said getting back to full strength has been a big relief after having so many vacancies due to health issues that could not be filled. Prich presented a slide show that highlighted special projects and some conditions that were corrected over the prior season. Prich said downed City trees have been a major issue, noting one on Grandview was technically on private property, but the portion that fell in the road was City responsibility. Prich said the decision to do tree clean-up in house is based on risk, noting the entire crew does a great job pulling together to get the job done. Prich showed a nickel size hole in a leaking service line that caused a major sink hole. Prich said hydrant flushing involves 460 hydrants and takes 2.5 to 3 weeks, noting they use a great new tool that makes the work for the 2 crewmen much easier. Prich showed pictures of manholes clogged with grease near restaurants. Hoversten said while cooking grease is normally disposed of properly, the enzymes used for cleaning grease/dishes are not always managed properly, noting while much of Mound Marketplace is on private lines, it all ends up in the city manholes. Prich said they have been successful in getting Mound Marketplace to move to quarterly cleaning and the city has increased maintenance as well. Prich said storm outlets maintenance was done for 15 to 20 outlets in 2022 to remove debris. Prich said a road heave on Eagle was caused by an abandoned culvert that had to be removed. Prich said retaining wall repairs are also done annually, noting there are a lot of request to replace but many are considered cosmetic and usually not justified. Prich said to be justified, the walls typically have been hit or are falling over. Prich said the crew did some Surfside Park shoreline improvements to eliminate the weed line that makes clean-up of the beach more efficient. 1092 Mound City Council Minutes —May 4, 2023 Larson noted she did not receive one call this year on snow plowing, noting the City did an amazing job. Prich said often the guys sleep at the shop to ensure they will be able to make the early call back. McEnaney asked when the City is responsible for retaining walls. Hoversten said just the ones in the right of way, in which some are % City and % private and the rest are all private. Hoversten forecasted that Staff will be making a request to replace a sweeper, noting the cost estimate for repair is $60K and is not justified in that old of a unit, so staff will be recommending replacement. Hoversten said the benefit of doing capital equipment reserve funding is to be able to take some risk and be able to respond to equipment failures like this one on a timely basis. B. Finance & Administrative Services —Admin Services Director Catherine Pausche Pausche noted she had sent her portion of the packet in advance of the original April 18 workshop date. Pausche said she had come to the conclusion that it was time for her position to return to full-time even before the City Manager announced his retirement and that this annual workshop is a time to discuss pressing issues in a more informal setting. Pausche said she is concerned about potential impacts on the middle managers with the departure of herself and Hoversten, noting they are the ones getting the day to day work of the city done and need to be taken care of. Pausche noted that while Iverson and Kelly were promoted to Finance Director and City Clerk in 2021, she strongly believes her position performs at a different level of management, particularly when it comes to change management, leadership and communications. Pausche said the organization chart from 2008 was included in the packet on page 145 to demonstrate the extent of consolidation and downsizing that was achieved through early retirements, layoffs and absorbing positions as people retired. Pausche said that was necessary in the 2010's as there was significant pressure on tax and utility rates after the great recession, all while infrastructure needs continued and were prioritized. Pausche said the City recruited for an Administrative Services Director position in 2021 in an attempt to reduce the emphasis on requiring a financial background, while still trying to attract applicants with strong strategic planning, communications, HR, team building and process development experience. Pausche noted the job market is tight and some cities are actually using outside firms to recruit finance directors. Pausche said the City was not successful in attracting quality candidates in 2021 which is when she offered to move to % time. Pausche said a lot of work has been done to create a high functioning team who are used to multitasking. Pausche said she recommends recruiting for a Deputy City Manager in order to try recruit a better, more qualified pool of candidates, noting many cities in the area have moved to this organizational model. Discussion ensued on vertical vs flat organizations and timing of filling the vacancies with Pausche noting the cross functional cooperation that has taken place between the team members in recent years has allowed the City to operate with lower than average FTEs and it is important that any new employees fully embrace this philosophy. Hoversten said Staff is seeking concurrence from the Council for Staff to proceed with recruiting a Deputy City Manager, noting the City has had to do multiple rounds of recruiting for key positions in the past. Castellano said he agrees that the change in title and pay should help attract a better pool of applicants. Pausche said she has always seen herself as a Chief of Staff and did not aspire to be City Manager and hopes there is someone who thinks similarly for her replacement. Discussion ensued on adding other positions and the capacity to increase 1093 Mound City Council Minutes —May 4, 2023 communications, but it was decided any new positions will be discussed later on. Hoversten said that was the impetus for recommending a facilitated strategic planning process that incorporates the fiscal impacts. Facilitated strategic visioning/Citywide long term financial plan update/Compensation study/staffing plan Hoversten said a draft scope of work that would be the basis for a RFQ was included in the packet. Hoversten said this an opportunity for this Council to have an intentional plan and not just deal with the remnants of previous Councils. Castellano said he feels the staffing analysis and compensation study are necessary, adding he sees value in the fact that the City Manager and Administrative Services Director live in the city they work and should play a role in the strategic planning process. Hoversten said he agrees but just doesn't feel it is appropriate that staff facilitates the discussion because of the appearance that it becomes a staff -driven agenda. Pausche referenced her cover memo and the feeling this is a monumental moment in the city's history. Pausche said the objectives in the 2018 long term capital plan, including having steady increases over time vs. the prior dips and spikes in taxes and utility rates, were critical, but many of the assumptions are obsolete. Pausche said there are many variables in play, including inflation, service level expectations, additional capital needs, attorney's role, and funding a water treatment plant. Pausche said caution should be used when consultants tell you everything is possible, but consultants also have a handle on best practices and trends of what other cities are doing. Pausche said continuing the deficits in the utility funds is not sustainable and she sees some big challenges and choices ahead. Pausche said in choosing a facilitator she feels the reference calls are key to determine the shelf life/quality of recommendations. Discussion ensued on the possibility of Council Members interviewing the other City Hall employees to understand how they view their roles and the organization and what that process might look like. Hoversten noted the average City Manager tenure is 7 years so the goal is to attract the right candidate who can see priorities through. Discussion ensued on the number of FTEs needed to fill the vacancies of the City Manager and Administrative Services Director. Hoversten said as the street projects ramp up again, some administrative oversight will be necessary, but not necessarily a Public Works Director level, noting Superintendent Prich handles the day to day just fine. Hoversten said consideration will be given as to the number of additional FTEs that may need to be added and that is something the consultant can help with. Castellano said he understands that while adding 2.25 FTEs is expensive, it has to be weighed with redundancies, succession planning and continuity. Hoversten said the Council will have to decide whether to bring on an Interim City Manager after his departure or to recruit in advance, noting there are pros and cons for each approach. Pausche said Bob Derus served as the Interim City Manager in 2015 and also did the recruiting for the position and he was very good, noting the LMC publishes a list of individuals willing to serve as interims. Castellano asked if there has ever been a survey of the staff. Pausche said no but we are a small staff so there are not that many people you would need to talk to. Pausche said the city has absorbed a lot of clerical positions since 2008 and she is recommending the accountant position be reinstated to provide some relief across the board, free up her replacement to assume more communication responsibilities and to ensure the proper segregation of duties within the finance function. Pausche said she came on as Finance Director in 2008 and did an analysis to justify both the Finance Director and Accountant position that she can share. 1094 Mound City Council Minutes —May 4, 2023 Hoversten said any interviews of the staff just need to be structured to set expectations. Pugh cautioned the Council in getting involved directly with staff as technically only the City Manager reports to the Council and she sees value in having a facilitator help the Council to understand what their role is. Pugh said the Council doesn't hire the staff but rather approves the number of positions. Hoversten said the facilitator will help structure the conversation and set a timeline. McEnaney said she is concerned the process will take too long and she sees the value in a facilitator keeping things on task. McEnaney asked if there would be internal candidates for either position. Pausche said she did not think so based on conversations and experience. Pausche said these jobs are different if we are able to attract the right people who can do the strategic thinking, problem solving, and communications, noting there is no capacity for any current position to assume more responsibility. Holt said the first step is to fill the Administrative Services Director position since that has to be done in 4 months and the Council has 8 months to fill the City Manager position. Discussion ensued on increasing the capacity for the replacement to do more with communications and all agreed. Discussion ensued on soliciting proposals for a strategic planning facilitator and whether the firm hired to recruit the new City Manager could serve in that role. Pausche said the recommendation to consider a facilitator is to respond to changes in the environment, including loss of LGA, inflation, and adding services, to give the Council perspective on what the current situation is, what it will take to eliminate the utility fund deficits, and what it will take to provide the enhanced services like better communications and water treatment. Pausche said the key is to incorporate the financial impacts of any strategic goals or initiatives into the analysis. Hoversten said the key to successfully recruiting his replacement is whether the Council has a unified vision for the community and a facilitator could help establish that now that will allow his replacement to hit the ground running on day one. Pugh said she does not think it is in the best interest of the Council or the City to hire an interim as there are many hard decisions ahead for the City Council. Holt noted hiring an interim is pretty expensive. Hoversten said the benefit is he is retiring and was able to give ample notice so the Council has choices. Hoversten said his recommendation is to begin recruiting for a Deputy City Manager and issue an RFQ for a strategic planning facilitator and long-term financial plan and go from there. Hoversten said barring any objections, that is how he will proceed. F. Wrap-up by City Manager Eric Hoversten Hoversten said the packet contains the annual update of value statements noting that this is what he prepares based on council discussion absent from a formal strategic planning process. Hoversten said the 2022 outcomes and 2023 priorities listed in the packet should be supplemented with the monthly City Manager update provided to the City Council. Hoversten said he added a 2023 events calendar to the packet, noting these are the things that make this community great and are the kind of things he is going to miss. Hoversten promised to keep working hard and not let up and invited the Council to let him know if there is anything that he is missing. Hoversten thanked the Council and Staff for the innovation, spirit and leadership that makes this job so gratifying. Hoversten added the Surfside launch repair is scheduled to begin on Monday, May 8th Hoversten also noted there is a May 25'h status conference with the judge regarding the William's Store and Staff is hoping the judge will rule they are in default. 1095 Mound City Council Minutes —May 4, 2023 4. Adjourn MOTION by McEnaney, seconded by Pugh, to adjourn at 9:12 p.m. All voted in favor. Motion carried. Attest: Kevin Kelly, Clerk Mayor Jason R. Holt e MOUND CITY COUNCIL MINUTES May 9, 2023 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 9, 2023 at 7:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Jason Holt, Council Members, Sherrie Pugh, Paula Larson, Kathy McEnaney and Kevin Castellano. Members absent: None Others present: City Manager Eric Hoversten, City Administrative Assistant Jen Holmquist, Community Development Director Sarah Smith, City Engineer Brian Simmons, City Attorney Scott Landsman, Therese Frenette, Sheri Wallace, Jane Anderson, Sammy Krahl, Lisa and Charlie Batchelor, Angela Saystrom Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Holt called the meeting to order at 7:00 p.m. 2. Pledae of Alleaiance 3. Approve agenda Hoversten noted the Orono Police report summary package for item 7 was sent out on Friday and the addition of Items 4G & 4H for the two public gathering permits were also provided electronically. MOTION by Pugh, seconded by Larson, to approve the amended agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Larson, seconded by Pugh, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $328,038.05. B. Approve minutes: 04-25-23 Regular Meeting C. RESOLUTION NO. 23-47: RESOLUTION APPROVING PERMITS FOR 2023 SPIRIT OF THE LAKES FESTIVAL ON THURSDAY JULY 15, 2023 AND WAIVING FEES DUE TO PUBLIC PURPOSE OF GATHERING D. RESOLUTION NO. 23-48: RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR SKATEBOARD COMPETITION AT ZERO GRAVITY SKATE PARK ON SUNDAY, JUNE 25, 2023 1097 Mound City Council Minutes — May 9, 2023 E. RESOLUTION NO. 23-49: RESOLUTION APPROVING EXPANSION PERMIT FOR HOUSE REMODEL/ADDITIONS PROJECT AT 4919 THREE POINTS BOULEVARD F. Approve Pay Request #1 in the amount of $278,886.11 to Bituminous Roadways, Inc. For the 2023 Lynwood Watermain Improvements Ph 3, City Project PW-23-01 G. RESOLUTION NO. 23-50: RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR MUSIC IN THE PARK SUMMER CONCERT SERIES THURSDAY, JUNE 8, 2023, THURSDAY, JULY 20, 2023 AND THURSDAY, AUGUST10 H. RESOLUTION NO. 23-51: RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR THE 2023 GILLESPIE CENTER ROCKIN' THE BLOCK FUNDRAISER SATURDAY, JUNE 10, 2023 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Sammv Krahl. Westonka Hiah School Student Senate Dresentina a School Update Krahl discussed recent activities and upcoming events at Mound Westonka Schools. • Mound Westonka Student Senate hosted over 300 students for the State Student Council and National Honors Society Leadership Conference on April 28-30. • Two Mound Westonka students were elected to the state boards. • The Junior Prom Committee completed plans for the 2023 Vintage Hollywood themed prom. The grand march was held at the high school with approximately 120 students participating. The dinner and dance were held at the Nicollet Island Pavilion. The weather was not ideal, however, 345 students attended, breaking last year's attendance record. • Fourteen court members were introduced at the coronation held on Sunday, April 30. • National Honors Society hosted their Induction Ceremony on April 26 at the Westonka PAC. Seventy new members were inducted and 43 seniors were recognized. • The Patrick Schoonover Heart Foundation partnered with the Be Like Tommy Project to provide heart screenings to the community on May 6. The screenings were dedicated to Tommy Nash, a former Westonka student who passed away from sudden cardiac arrest in 2023. Krahl shared some highlights from the elementary schools: • Shirley Hills - 4th graders Youth Frontiers Kindness Retreat on March 22. • Hilltop - Bike Rodeo on April 22 which included bike and helmet safety and a bike wash. • Shirley Hills - Annual Carnival on April 14 included a silent auction, games, face painting and bounce houses. The event raised over $30,000. Krahl provided an update on middle school activity: • The Grandview Middle School - 5th grade Math Masters competed against 22 teams in a tournament in Burnsville on April 25. The Grandview teams earned the top 4 team spots and 10 of the top 15 performances. Krahl provided highlights on MWHS spring athletics. Krahl outlined activities in the arts: Grandview Middle School wrapped up their production of Willy Wonka Junior. Next year's musical will be Little Mermaid Junior. Community Theater held auditions for the summer musical Bye Bye Birdie with the performance scheduled for July. I•: Mound City Council Minutes — May 9, 2023 Krahl provided updates on the band and choir programs. Mound Westonka art students competed in the Minnesota State High School League Visual Arts Festival. Krahl highlighted various Mound Westonka academic achievements, to include improvement in the attendance rate this year, a student earning a perfect score on their ACT and noting AP testing is in full force right now. Krahl provided an update on the Mound Westonka District: • There is a Survey the district would like to have community members complete before the May school board meeting. • An anonymous donation cleared all negative lunch balances at Westonka and Our Lady of the Lake Schools. All Westonka school students can receive breakfast and lunch at school with no questions asked. • A Staff Recognition event was hosted on May 3, including presentation of the Westonka Teacher of the Year who is Shirley Hills Music teacher Mrs. Bra. Dr. Mike Schwartz was honored with the 2022-23 Ann Bremer White Hawks award. 7. Orono Police Department Activities Report for April 2023 Orono Police Department (OPD) Sergeant Hennessey provided his report. Hennessey recognized Deputy Chief Chris Fisher's upcoming retirement on May 28 and shared appreciation for his service. Hennessey said there were 116 calls for service in the month of April. OPD officers are contacting people who are fishing on private waters and along Auditor's Road in the Harbor District and educating anglers where fishing is allowed. Hennessey said the OPD is seeing increased calls regarding community members who are homeless. OPD is partnering with WeCAN and other resources to help steer individuals down the best path for help. Hennessey added a couple of DWI and narcotics arrests are still under investigation. Pugh stated she has heard some positive things regarding the imbedded Social Worker and she wondered if that individual could provide an update to the council. Sgt. Hennessey stated that Jen Withrow is the Social Worker and Hennessey will extend an invitation to Withrow to address the Council. Hennessey noted many of the individuals they attempt to help are refusing the resources. Pugh wonders if there is anything the City Council can do to encourage folks to accept help. Hennessey said the majority of calls are reported by concerned citizens who are seeking help for others. Hennessey said the OPD partners with agencies who have vouchers to get homeless people into a safe place for the night. Hennessey said the OPD received a donation of Holiday gift cards that can offer temporary help until significant help can be found. Pugh asked if there are numbers for people suffering with food insecurity. Hennessey does not have a number but noted the OPD checks in with those in need and follows up to make sure their basic needs are being met. 8. Sheri Wallace, Angela Saystrom and Jane Anderson presenting information on prepared programming for The Harrison Bay Association June 3rd Rain Barrel Distribution Event, Community Rain Gardens and Carp Mitigation Activities Angela Saystrom said the Harrison's Bay Association (HBA) came before the City Council in December of 2022 and received support to sell rain barrels which are sold out. Saystrom said the June 3rd event will be held at Veteran's Memorial Park during the farmer's market hours. Saystrom said there will be a 1099 Mound City Council Minutes — May 9, 2023 demonstration on how to install the rain barrels and information on other water quality tips. Saystrom added there will be fun kids' activities, giveaways, a landscaping walk, a turf truck from the University of Minnesota Horticultural Science Department plus treats and coffee. Saystrom recognized local sponsors who have donated money and supplies for this event. Saystrom presented an overhead graphic which showed the pickup location at the parking garage and the event activities at Veteran's Memorial Park. Saystrom said True Value Hardware has collaborated with Minnesota Freshwater Water Stewards grant to provide all items needed to successfully install a rain barrel. Saystrom asked if garbage and recycling containers could be made available for the event. Hoversten stated he would look into it and let her know if it's possible. Sherri Wallace of the Harrison Bay Association said the HBA won the Hennepin County Good Steward Award Grant which is for $25,000. Wallace said Harrison Bay Association is required to provide a 25% match on that grant which can be in the form of in -kind labor, donated services, etc. Wallace said HBA is reducing the potential sites for community rain gardens from four to three with the goal to fully install two rain gardens with a site plan design for the third, depending on what the budget will allow. Wallace said the third site will be located on the Cardinal Lane Right of Way as that location gets the highest amount of flow and the site has problems. Wallace said the HBA is hiring an engineer to evaluate the site on Cardinal Lane with the goal that neighboring residents will take over ownership and maintenance of the rain gardens. Wallace said HBA would like neighboring residents to sign install/maintenance agreements where they are required to give their time and provide yearly maintenance. Wallace said the HBA has have hired Dave Poggi to prepare the site designs which will be reviewed with the residents and be approved by the City, noting once the site designs are complete, HBA will determine how much work can be completed with the existing funds. Wallace added that the landscape design will be a 100% donation. Jane Anderson gave an update on the carp problem in Harrisons Bay which is a follow up to the presentation by Bart Holling in January. Anderson said HBA hired a company and 167 carp were tagged and three antennas were installed last month which can track the movement of the tagged carp Anderson said six of the tagged carp were tracked swimming up Painters Creek last night. Anderson said the HBA applied for a grant to remove the fish from three bays on Lake Minnetonka but no funds were awarded to anyone this year and they will re -apply next year. Anderson said there will be a bowhunting event on June 10'h for hometown heroes including 120 veterans, retired firefighters and retired police officers who will set out in 40 boats to harvest carp. Anderson said this event is expected to remove an estimated 14,000 pounds of carp. Anderson said there are over 700,000 pounds of carp in Harrisons, Jennings and West Arm Bays and the University of Minnesota says they have rarely seen an infestation this bad. Anderson said the tagged carp will provide the location where they spawn so they can be netted in order to tag more fish. Anderson said the fish are stunned then measured, weighed and placed back in the water. Anderson said the U of M contacted HBA and want to use Harrisons Bay for a site experiment and would like to tag 500 carp and install two feeding stations on opposite ends of the Bay. Anderson said the U of M has chosen locations to try to acoustically condition the carp at the feeding stations with under water speakers. Anderson said the U of M will set up the stations in June through mid - September. Anderson said HBA is hoping to harvest the carp at the feeding locations before the U of M finishes the experiment. Anderson said the HBA fundraiser is intended to pay for the Carp harvest. 1100 Mound City Council Minutes — May 9, 2023 Anderson said the HBA hopes the University will provide community education, a Carp fishing tutorial as well as updates on their experiment at the event. 9. Review, Approve and Adopt Administrative Policy: Evaluation of Requests for Traffic Control Changes within the Mound City Roadways, Trails and Pedestrian -ways System Brian Simmons, City Engineer presented the proposed Traffic Control Policy as the City has seen more requests from residents over the past several years. Simmons noted the requests are frequent enough that a formal process should be in place for requests for traffic control and signage changes. Simmons stated there are two guides staff are using to place signs; the Federal Manual for Uniform Traffic Control Devices (MUTCD) and the State with its own MUTCD which is based on the federal guidance. Simmons said there are two different types of signs: • Regulatory Signs — which are required signs such as speed limit signs. Simmons said when a sign change is considered a warrant is the process to determine placement and use. Simmons explained that if an intersection has a 4-way stop and an entity wants to place traffic lights there instead, the intersection would have to meet warrants. • Warning Signs — These are not required, such as, posting a lower speed when going around a curve. • Guide Signs - Signs related to way -finding such as the direction sign to find a highway. Simmons said there are fewer rules about the placements of warning and guide signs with warning signs often falling into a gray area. Simmons said this is opposed to entire books written on how to place regulatory road signs which have a consistent standard and also guidelines from the MUTCD which outline when an engineering study is warranted. Simmons said the proposed traffic policy proposes a two-phase system. All traffic change requests will have staff do a Phase I study to determine if there are warrants for that sign and whether it meets the MUTCD standards. This study will result in a yes, no or more study required. Phase 2 would be a review at the direction of the City Council. Simmons pointed out that there are examples of requested traffic control devices that are no longer in place which include speed bumps, speed humps, stop signs or mid -block crossings and stop signs. Simmons said many of these approaches have led to higher speeds on roads and many things that are meant to improve safety don't have the desired effect. Simmons said "Children at Play" signs have been shown to not have the desired effect. Simmons believes this version of the traffic policy fits the current climate in Mound and what the Council would like. Hoversten said the intent is to give structure and framework to discussions when these items are brought up and allows for a consistent way to address them. Hoversten said people tend to believe stop signs and crosswalks are helpful when they often have the opposite effect. Hoversten added the traffic policy puts a framework in place to add consistency to the City response to residents prior to those residents addressing the Council. Hoversten said the requests are placed on a list, noting the policy doesn't cover speed studies which go to the OPD to review. McEnaney wondered if there are certain areas in town where the calls requesting signage originate. 1101 Mound City Council Minutes — May 9, 2023 Castellano stated he lives in an area with traffic problems and thinks the policy will be a time saver and will provide information to residents on how the City will handle their specific issue. Hoversten said there are 2-3 requests per year. Simmons said requests should be reviewed on an engineering level and a policy will allow consistency and indemnify the City if the City follows the policy. Larson asked how should Council Members respond to constituents when they have traffic control questions. Simmons said an email or phone call to himself or Hoversten to start the process which will include a meeting or phone call, noting a Phase I analysis can be completed without direction from the Council. Simmons said the results of the review would be reported back to the Council in the form of a memo that would go into the consent agenda or an email to the council and the requester. Simmons added that the Council can inform residents that "yes, there is a policy for that and you need to call these two people." Holt stated he has fielded four calls this year already. Larson pointed out County roads are different than our City roads to which Simmons confirmed the City only has authority over City owned streets. MOTION by Castellano, seconded by Pugh, to approve adoption of the following policy. All voted in favor. Motion carried. ADMIN Policy 015: Evaluation of Requests for Traffic Control Changes within the Mound City Roadways, Trails and Pedestrian -ways System 10. Consideration/action to approve revisions to ADMIN Policy No. 010 regarding evaluation of request to consider sale, release or conveyance (disposal) of City -owned, residential parcels of land Smith presented the re -review of the City policy regarding how with City will consider the sale, release or conveyance of city owned land. Smith said the policy is geared toward residential lots that are owned by the City and outlines a process where an individual can apply to have staff consider if a parcel can be released. Smith said there are a handful of undersized lots or lots encumbered by utility or drainage purposes. Smith added there are shore land parcels which the City owns that are included in the City's shoreland count and effects the Lake Minnetonka Conservation District (LMCD) license the City holds to operate the dock program. Smith said the intent of the policy is to have an evaluation of the parcels that asks the question if the city is allowed to sell, convey or release that land. Smith said one of the goals of the policy is to get underused parcels into in the hands of homeowners when it's appropriate, noting there a few conforming, buildable lots and those parcels would be reviewed differently. Smith said staff along with the City Attorney have established the following categories for the types of lots, including city -owned undersized, city -owned buildable, or if there are restrictions such as easements or lots extending to water. Smith outlined the process would start with an informal review that requires a reasonable application fee and escrow. Smith added these requests would be brought forward to the Planning Commission and City Council as well as a determination of Comprehensive Plan consistency. Smith said the intent is to streamline the process by making it understandable for residents and giving staff the ability to respond to the requester by outlining preliminary fees and what the process would be moving forward. 1102 Mound City Council Minutes — May 9, 2023 McEnaney wondered how many parcels are out there. Hoversten noted there are a handful that are buildable by definition in the City Code but would be challenging in reality due to specific problems with the parcels. Hoversten noted there are more of the smaller unbuildable lots which could be sold if the proper easements can be provided. Hoversten summarized the major pieces of this Policy include: Staff evaluation, Staff recommendation to Council, Council approval or denial, and if approval is received, the process would move forward with the Planning Commission and the City Attorney crafting a purchase agreement. Hoversten said this policy specifically refers to residential neighborhoods as there are no eligible City -owned parcels in the mixed use, industrial or commercial districts remaining. Holt asked if the policy would have to go through a sealed bid process if there was only one party interested in a property. Hoversten said if that information was presented to the City by the party the City would take that into consideration when recommending how to sell the land. Castellano asked if the land would need appraisal. Hoversten stated sometimes an appraisal is more expensive than what the land is worth. Hoversten added that if an adjacent owner expressly states they are not interested in purchasing there wouldn't be a bid process. Hoversten said if there is more than one party which expresses interest in the property, the process would be the adjacent owner sale style. Hoversten said one issue is that the other party doesn't always say they are not interested and this policy will then need to be followed as outlined. Holt clarified the surrounding properties will be notified. Hoversten confirmed they would get a minimum of two notifications via mail. Holt asked if the owners would get a certified letter. Hoversten said no, we don't do certified letters for planning type notices as certified letters are reserved for enforcement activity. Hoversten said adjacent owners would get a mailed informational letter that the Council is considering the sale of a parcel. Hoversten said the adjacent property owners would get a notice of the Planning Commission discussion for Comprehensive Plan consistency as well as a notice of the City Council final discussion on a purchase agreement. Holt pointed out that if there is a public benefit maybe a parcel would not be offered for sale. Hoversten said that public use would be part of the discussion. Castellano clarified this is just putting a policy in place. Hoversten said the intent is to simplify the process. Landsman stated the Policy addresses how is the property used to assist staff and Council in determining whether to sell it. Holt said the City is not actively promoting the sale of land. Hoversten confirmed this and stated the Policy would establish a way to determine if a parcel is eligible for sale. Landsman noted the proposed Policy outlines how staff will do the review which Castellano noted it would be reviewed by the Planning Commission and Council. Landsman said staff would review the information presented and determine if the sale of land would be supported by the Policy. Landsman said staff would determine this on a case -by -case analysis. Larson wondered if this policy will come back to Council for final approval and Hoversten said the Council could make amendments or table the discussion and bring the Policy back for review. Larson asked if there is a state statute regarding City -owned parcels. Landsman noted under the statute the City has the authority to buy and sell land without providing notice. Landsman said the Planning Commission's review of proposals for consistency with the Comprehensive Plan is included in this policy. Landsman noted under the state statute someone could request to purchase the land and the city could sell it. Landsman added that the Policy puts in place the criteria to determine appropriateness to sell property and to outline the process for doing so. Landsman stated this is a Council decision and every request would be seen by the Council at least twice. Landsman said the 1103 Mound City Council Minutes — May 9, 2023 first step is a request to see if the land will be considered for sale and if the Council said no, the process is done. Landsman added that the Policy puts in place the procedure to determine who is eligible for a certain parcel and gives notice to other potential purchasers and invites public participation. Hoversten said this gives us the City the flexibility to determine each request on an individual basis. MOTION by Castellano, seconded by Pugh, to approve the following policy. All voted in favor. Motion carried. ADMIN Policy 010: Evaluation of Requests to Consider Sale, Release or Conveyance (Disposal) of City -Owned Residential Parcels of Land 11. Comments/Reports from Council Members: Council Member Pugh — The Park Commission is doing their annual inspections of City parks and will report back at the POSC meeting this week. Council Member Larson — nothing Council Member McEnaney — she said she received comments regarding a specific business who is letting the dandelions grow. McEnaney said property owners should put up a signs declaring they are participating in "No Mow May." Holt wondered if the City had a policy. Hoversten stated that No Mow May can be abused and may not be as sustainable or may not help the pollinators as intended. Hoversten said there are other sustainable options which may be a better choice and the City Code allows for eight inches of growth. Council Member Castellano — Nothing Mayor Holt — highlighted announcements from the May 4 Council workshop: Two new OPD hires and narcotics taken off the street. Fire Department — New truck in September. 460 Fire Hydrants which need to be flushed. Holt said he reached out to Senator Morrison who said she is working on getting the funding request into the bonding bill. Holt suggested extra engagement from council members. Holt said he spoke to Representative Meyers who is trying to do what he can. Holt had a breakfast meeting with Congressmen Phillips and Holt stressed the importance of the City water funding request. Holt said that Phillips stated that congressional spending on the federal side probably won't pass social items but said infrastructure items have a better chance for funding. Holt said the ad for the City Administrative Services Director position has been posted. 13. Adjourn ACTION by McEnaney, seconded by Larson, to adjourn at 9:07 p.m. All voted in favor. Motion carried. Attest: Kevin Kelly, Clerk Mayor Jason R. Holt 1104 CITY OF MOUND RESOLUTION NO. 23-XX RESOLUTION APPROVING APPLICATION TO CONDUCT OFF -SITE GAMBLING PERMIT FOR AMERICAN LEGION POST 398 WHEREAS, the Minnetonka Sons of the American Legion is licensed by the State of Minnesota Gambling Control Board to conduct gambling in the form of pull tabs at their 2333 Wilshire Boulevard location; and WHEREAS, Minnesota law and rules of the Gambling Control Board allows licensees to conduct up to 12 off -site events each calendar year not to exceed a total of 36 days; and WHEREAS, the Minnetonka Sons of the American Legion has submitted an Application to Conduct Off -Site Gambling at Our Lady of the Lake Catholic Church located at 2385 Commerce Boulevard in Mound for up to 12 fundraisers and festivals not to exceed 36 days in the calendar year; and WHEREAS, the local government must adopt a resolution specifically approving or denying said application; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby approves the Application to Conduct Off -Site Gambling submitted by the Minnetonka Sons of the American Legion, for submission to the Gambling Control Board as shown in Exhibit A and made a part herein. Adopted by the City Council this 23rd day of May, 2023 Attest: Kevin Kelly, Clerk Jason R. Holt, Mayor 1105 EXHIBIT A PAGE 1 OF 2 MINNESOTA LAWFUL GAMBLING 6/15 Page 1 of 2 LG230 Application to Conduct Off -Site Gambling No Fee ORGANIZATION INFORMATION Organization Name: tv1Y1e 1byx AI'ye V-1 CC4 LS10r'N License Number: Gta l3-A Address: 2�3� W c S1�►v 4 1� �V c( j� City: 6-\ou"A MN Zip: t 5s 3(OQ Chief Executive Officer (CEO) Name: d r1Ilk �✓ � e � Daytime Phone: Q ';Z '7-FiSI5 Z Gambling Manager Name: til _ Daytime Phone: GAMBLING ACTIVITY Twelve off -site events are allowed each calendar year not to exceed a total of 36 days. From _J_� to J/ Check the type of games that will be conducted: ❑Raffle [APUll-Tabs ❑Bingo ❑Tipboards ❑Paddlewheel GAMBLING PREMISES Name of location where gambling activity will be conducted: 0 uv � 4A" o'f —t LA-< L WC-e- C(rcc.c.91-c(^ Street address and 1 City (or township): �3� Co4v.me✓« lit "�` Ovlvt� Zip: �S`�(ac County: Hc"�Je_R/ • Do not use a post office box. • If no street address, write in road designations (example: 3 miles east of Hwy. 63 on County Road 42). Does your organization own the gambling premises? Yes If yes, a lease is not required. F71No If no, the lease agreement below must be completed, and signed by the lessor. LEASE AGREEMENT FOR OFF -SITE ACTIVITY (a lease agreement is not required for raffles) Rent to be paid for the leased area: $ (if none, write "0") All obligations and agreements between the organization and the lessor are listed below or attached. • Any attachments must be dated and signed by both the lessor and lessee. • This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful gambling activities. • Other terms, if any: Lessor's Signature: Print Lessor's Name: 15_r, Q_+�Ir 1 CONTINUE TO PAGE 2 Date: Ili EXHIBIT A PAGE 2 OF 2 LG230 Application to Conduct Off -Site Gambling Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL for a gambling premises located within city limits City Name: Date Approved by City Council: Resolution Number: (If none, attach meeting minutes.) Signature of City Personnel: Title: Date Signed: Local unit of government must sign. COUNTY APPROVAL for a gambling premises located in a township County Name: Date Approved by County Board: Resolution Number: (If none, attach meeting minutes.) Signature of County Personnel: Title: TOWNSHIP NAME: Date Signed: 6/15 Page 2 of 2 Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title: CHIEF EXECUTIVE OFFICER (CEO) ACKNOWLEDGMENT Date Signed: The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board. If the CEO has changed and the current CEO has not filed a LG200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, stared in tpis application ay information is true, accurate, and complete and, if applicable, agree to the lease terms as Sign#t rFe of CEO (must be CEO's signature; designee may not sign) 2- Date Mail No attachments required. Minnesota Gambling Control Board Questions? Contact a Licensing Specialist at 651-539-1900. Suite 300 South 1711 West County Road B Roseville, MN 55113 Fax: 651-639-4032 I This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor; national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. An equal opportuity employer 1107 CITY OF MOUND RESOLUTION NO. 23- RESOLUTION OF SPONSORSHIP AS RELATED TO THE SOUTHWEST TRAILS SNOWMOBILE ASSOCIATION FOR THE 2023/2024 SEASON WHEREAS, the City of Mound has acted as legal sponsor for Southwest Trails Snowmobile Association since 1991 with regards to their state grant-in-aid funds; and WHEREAS, the City wishes to continue with this sponsorship, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: That the City of Mound continue to act as legal sponsor for annual applications for the DNR Snowmobile Trails Assistance Program (grant-in-aid program) as submitted by the Southwest Trails Snowmobile Association That the City of Mound may enter into agreement with the State of Minnesota for the specific grant program mentioned above That the City of Mound will comply with all applicable laws and regulations as stated in the agreement That the Finance Director act as the fiscal agent on behalf of the City of Mound Adopted by the City Council this 23'' day of May, 2023. Attest: Kevin Kelly, Clerk Mayor Jason R. Holt 1108 CITY OF MOUND RESOLUTION NO. 23-XX A RESOLUTION APPROVING A LAWFUL GAMBLING PREMISES PERMIT FOR COMMERCE RESTAURANT GROUP LLC WHEREAS, the City of Mound allows gambling licenses to be issued within the City; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby approves a Premises Permit Application submitted by the Mound Westonka Hockey Association, for the Commerce Restaurant Group, LLC, 2230 Commerce Blvd., for submission to the Gambling Control Board. Adopted by the City Council this 23rd day of May, 2023. Attest: Kevin Kelly, Clerk Mayor Jason R. Holt League of Minnesota Cities Model Resolution: Approving a Lawful Gambling Premises Permit 1109 5/16/2022 Page 1 MINNESOTA LAWFUL GAMBLING LG214 Premises Permit Application REQUIRED ATTACHMENTS TO LG214 1. If the premises is leased, attach a copy of your lease. Use LG215 Lease for Lawful Gambling Activity. 2. $150 annual premises permit fee, for each permit (non-refundable), Make check payable to "State of Minnesota." ORGANIZATION INFORMATION 6/15 page 1 of 2 Annual Fee $150 (NON-REFUNDABLE Mall the application and required attachments to: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call 651-539-1900 and ask for Licensing. Organization Name: Mound Westonka Hockey Association License Number: Chief Executive Officer (CEO) Courtney R. Childers Daytime Phone: 651-303-5315 Gina Wesley Gambling Manager: Y Daytime Phone: 763-691-4258 GAMBLING PREMISES INFORMATION Current name of site where gambling will be conducted: Commerce Restaurant Group, LLC List any previous names for this location: Street address where premises is located: 2230 Commerce 44 a aLV p (Do not use a P.O. box number or mailing address.) City: OR Township: { County: Zip Code: Mound Hennepin 55364 Does your organization own the building where the gambling will be conducted? ElYes S No If no, attach LG215 Lease for Lawful Gambling Activity. A lease is not required if only a raffle will be conducted. Is any other organization conducting gambling at this site? Yes El No Don't know Note: Bar bingo can only be conducted at a site where another form of lawful gambling Is being conducted by the applying organi- zation or another permitted organization. Electronic games can only be conducted at a site where paper pull -tabs are played. Has your organization previously conducted gambling at this site? Yes EINoDon't know GAMBLING BANK ACCOUNT INFORMATION; MUST BE IN MINNESOTA Bank Name: Minnesota Lakes Bank Bank Street Address: 2290 Commcerce Blvd Bank Account Number: City: Mound ALL TEMPORARY AND PERMANENT OFF —SITE STORAGE SPACES Address (Do not use a P.O. box number): City: 5300 Shoreline Dr Mound State: MN Zip Code: 55364 State: Zip Code: MN 55364 MN MN 1110 Scanned with CamScanner LG214 Premises Permit Application ACKNOWLEDGMENT BY LOCAL UNIT OF GOVERNMENT: CITY APPROVAL for a gambling premises located within city limits City Name: CtY of Mound Date Approved by City Council: Resolution Number: (If none, attach meeting minutes.) Signature of City Personnel: Title: _ Date Signed: _ Local unit of government must sign. ACKNOWLEDGMENT AND OATH 1. I hereby consent that local law enforcement officers, the Board or its agents, and the commissioners of revenue or public safety and their agents may enter and inspect the premises. 2. The Board and its agents, and the commissioners of revenue and public safety and their agents, are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. 3. I have read this application and all information submitted to the Board Is true, accurate, and complete. 4. All required Information has been fully disclosed. 5. I am the chief executive officer of the organization. APPROVAL BY RESOLUTION COUNTY APPROVAL for a gambling premises located in a township County Name: _ Date Approved by County Board: Resolution Number: (If none, attach meeting minutes.) Signature of County Personnel: Title: TOWNSHIP NAME: _ — Date Signed: 6/15 Page 2 of 2 complete below only If required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title: Date Signed: 6. I assume full responsibility for the fair and lawful operation of all activities to be conducted. 7. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, induding amendments to them. 8. Any changes in application information will be submitted to the Board no later than ten days after the change has taken effect. 9. I understand that failure to provide required information or providing false or misleading Information may result in the denial or revocation of the license. 10. I understand the fee is non-refundable regardless of license approval/denlal. cinnature of Chl Executive Officer (designee may not sign) Data privacy notice: The Information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your Organization's qualifications to be Involved In lawful gambling activities in Minnesota, Your organization has the right to refuse to supply the Information; however, If your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to Issue a permit, If your organization supplies the information requested, the Board will be able to process your organization's application, Your organization's name and address will be public Information when received by the Board. All other Information provided will be private data about your organization until the Board Issues the permit. When the Board Issues the` permit, all Information provided will become public. If the Board does not Issue a permit, all Information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the Information; Si�23 Date Minnesota's Department or vuooc barecy, Attorney General, Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and International gambling regulatory agencies; anyone pursuant to court order; other Individuals and agencies specifically authorized by state or federal law to have access to the Information; Individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format, I.e. large print, braille, upon request. An equal opportunity employer 1111 Scanned with CamScanner Certificate of Appreciation FAA L CITY OF MOUND This certificate is awarded to Phoebe Osborne in recognition of superior performance 2023 Grandview Middle School City of Mound Mayor for the Day Essay Contest Jason R. Holt, Mayor City of Mound 1112 Certificate of Appreciation FAA L CITY OF MOUND This certificate is awarded to Lizzie Bacon in recognition of superior performance 2023 Grandview Middle School City of Mound Mayor for the Day Essay Contest Jason R. Holt, Mayor City of Mound 1113 Certificate of Appreciation FAA L CITY OF MOUND This certificate is awarded to Nolan Biehl in recognition of superior performance 2023 Grandview Middle School City of Mound Mayor for the Day Essay Contest Jason R. Holt, Mayor City of Mound 1114 Phoebe Osborne Ms. Fowler's Class Mayor for the Day What would you do if you were mayor for the day? Well this is what I would do if I were mayor. To me, a mayor's job is to help people and the city achieve their goals. Mayors work really hard to help as much as they can, and they must love their city. A mayor goes out to events and helps people. They go to meetings and come up with ideas for the city that will benefit the people. If I were Mayor, I would add a mall to Mound because it will attract more people and help boost the economy. Mound is a very small city having a mall would attract more people here. Then in the future we could maybe build more houses but let's save that for a different time. If we got a mall, it will bring in more money for the city. My other thing that I would do if I would be mayor is I will add a fast food place. It will really boost the economy. Mound could really do with a Mcdonalds or something like that. Just imagine you go to that mall and have a fun day and then after when you are hungry you go and get food. That would be amazing. In summary, I think I would make a great Mayor for the day because I will add a mall with everyone's favorite shops and a fast food place here in Mound. Just imagine. These will help boost our economy. It will also attract more people to come and visit. 1115 Lizzie Bacon Ms. Fowler's Class Mayor for the Day Have you ever wanted to be the Mayor for the day? Well guess what, I am going to be showing you what it's like! I think a Mayor's job is to help the community in any way they can. They can do that by doing their job and fixing flaws in their community. When they are working, I believe that they should be looking over the many or few flaws in their community and finding a solution to fixing the flaws. If I were Mayor, I would fix the expensive water bills in Mound. I think that this would be very good for Mound, and I also believe that all cities/towns should fix their water bills. If their water bill is already fixed, then that's even better! I also have 2 things that should or would happen if the water bills were fixed. 1 being that the people in the community would be happier that they don't have to worry about expensive bills for their house. 2 being that people would go broke slower because the water bill is super expensive right now, and I think that people struggle with money faster because of that. I would also make sure that lots of animals in shelters get homes way faster than they do now. I just think that because lots of shelters are filled with animals, that the animals should get homes faster. Again, I have 3 reasons why I think that this should happen. 1 being that if this happened, the numbers of deaths in shelters would decrease because of the number of animals that have to be put down in shelters. 2 being that it would lower the number of animals that die because of animal abuse. That happens because people can get lots of animals because there are so many in shelters. 3 being that the shelters would have more space for animals on the streets. Last but not least, I think I would make a great Mayor for the day because these changes would be very good for the Mound community. I also have a deep love for animals, and it hurts me to see so many animals die in the U.S. for no reason. I really do hope that the animals in shelters start to decrease. I also hope to see a change in the water bill with the new mayor. That is my last thought, thank you so much for reading! 1116 Nolan Biehl Ms. Fowler's Class Mayor for the Day Have you ever had to drive 30-40 minutes just to go to a sports shop? If I was mayor, I would make this a thing of the past. I think what a mayor's job is for people to send letters to the mayor and the mayor listens to some ideas about how to make improvements to the local area. Sometimes mayors listen to their ideas and make changes for the people and the community. A life as a mayor, you wake up and go to meetings to talk to people, work on emails, and then have more meetings to help solve problems in the community. If I were Mayor, I would listen to some of the residents' ideas if they are good. Then I would work to put new things in place to make people happy. This work should also make the town or city better too. I would love to put it in a sports shop. Not only will we have a new sports shop, but people will be happy. There are a lot of sports teams in Mound, and they will be happy to buy equipment from a local store. The community would be better because I listened to what people think it needs. If I were Mayor for a day, I would also go speak to the kids at the middle school and on sports teams to see what they want me to change. I would also talk to the kids at the high school and high school sports teams to hear their ideas also. The kids will be happy to have someone listening to their needs and their ideas. Decisions will be made with more information, so they should be better. In summary, I think I would make a great Mayor for the day because I will be working to serve the student population in our city. Getting new and different information will make my decisions as mayor even better. I hope it all leads to getting a new sports store in town. 1117 Executive Summary To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Rita Trapp, Consulting Planner Date: May 16, 2023 Request: Public Hearing - Review/discussion/consideration of a conditional use permit (CUP) for a shoreland planned unit development in the Mixed Use Corridor District (Case No. 23-07) Location: 2603 Commerce Boulevard (PID No. 23-11]-24-14-0022) Meeting Date: May 23, 2023 Comprehensive Plan: Mixed Use Zoning: Mixed Use Corridor SUMMARY The City Council, as part of its May 23, 2023 meeting, will hold a public hearing to consider the application from Triple S Company, who has applied for a conditional use permit to allow for a shoreland planned unit development (PUD) to allow for the expansion of uses and the building on a property located on the west side of Commerce Boulevard just north of CSAH 125 (Bartlett Boulevard). The applicant is proposing to continue the existing auto related commercial use while adding two apartments and a two car garage in a building addition. The 15,546 square foot (0.36 acre) site has an existing structure that was built in 1956. According to the City's property files, the site has been used for commercial uses, specifically automobile service and truck/trailer rental for more than 40 years. The site was purchased by the current owner/applicant in March of 2022. CONDITIONAL USE PERMIT PROCEDURE. Sec. 129.38 requires that all requests for conditional use permits are reviewed by the Planning Commission prior to City Council review which requires a public hearing following completion of all required publication and notification requirements. 1118 REVIEW TIMELINES 60-Day Land Use Application Review Process Pursuant to Minnesota State Statutes section 15.99, local government agencies are required to approve or deny land use requests within 60 days. Within the 60-day period, an automatic extension of no more than 60 days can be obtained by providing the applicant written notice containing the reason for the extension and specifying how much additional time is needed. For the purpose of Minnesota Statutes section 15.99, "Day 1" was determined to be March 14, 2023 as provided by Minnesota Statutes section 645.15. The City of Mound, on May 5, 2023, executed a 60 day extension for action on the conditional use permit application. NOTIFICATION The City Council public hearing notice for consideration of the CUP application was published in the May edition of the Laker newspaper on May 13, 2023. Property owners within 350 feet of the subject property, per Hennepin County tax records, were sent written notice on May 11, 2023 to inform them of the City Council public hearing being held as part of its Tues., May 23, 2023 meeting for consideration of the CUP. The public hearing notice was also provided to involved staff/departments/agencies by email on May 11, 2023. The hearing notice was also posted on the City bulletin board and website. PROJECT BACKGROUND Project background and details about the project are included in Planning Report dated April 26, 2023, which includes the application materials from the applicant, is included as an attachment to the Executive Summary Report. PLANNING COMMISISON MEETING SUMMARY AND RECOMMENDATION The Planning Commission considered the conditional use permit at their May 2, 2023 meeting. No members of the public commented on the request. In response to Hennepin County Transportation preference to remove one of the driveways, the applicant expressed a desire to retain both driveways, as the driveways provide better site circulation and prevent the reduction in sight lines that would like occur as a result of the parking of boats and trailers near their driveway. The applicant also confirmed that the initial intent is to continue an auto related commercial use on the ground floor, however, she was also open to one of the residential tenants operating a business out of the ground floor. After discussion, the Planning Commission voted unanimously to recommend to the City Council approval of the request. RECOMMENDATION Based on Staff and Planning Commission recommendation, a resolution of approval has been prepared for City Council consideration. 1119 RESOLUTION NO. 23- RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR SHORELAND PLANNED UNIT DEVELOPMENT AT 2603 COMMERCE BOULEVARD FOR MIXED USE BUILDING REMODEL/ADDITION AT 2603 COMMERCE BOULEVARD PLANNING CASE NO. 23-06 WHEREAS, the applicant, Triple S Company, has submitted an application for a Conditional Use Permit (CUP) for a Shoreland Planned Unit Development to allow for the expansion of uses and reconstruction of the existing building for the property at 2603 Commerce Boulevard and legally described as Lot 46 Auditor's Subdivision 167 (PID 23-117-24-14-0022); and WHEREAS, the subject site is generally located northwest of the intersection of Commerce and Bartlett Boulevards and on the shore of Lake Langdon; and WHEREAS, the applicant is proposing to modify the existing commercial structure to add a two (2) car garage on the first floor and two residential units on the second floor; and WHEREAS, the site has been guided Mixed Use by the Comprehensive Plan and zoned Mixed Use Corridor; and WHEREAS, the project requires a conditional use permit as the development is located within the Mixed Use Corridor zoning district and the shoreland overlay district; WHEREAS, details regarding the requested CUP for a shoreland PUD are contained in the Executive Summary Report for the May 23, 2023 meeting, the Planning Report for the May 2, 2023 Planning Commission meeting and minutes, and the submitted application and supporting materials from the applicant; and WHEREAS, the Planning Commission reviewed the CUP application at its May 2, 2023 meeting and recommended the City Council approve the CUP request with conditions; and WHEREAS pursuant to Minnesota Statutes Section 462.357, the City Council of the City of Mound, after providing proper notice thereof pursuant to state law, held a public hearing on May 23, 2023 on the CUP to receive public testimony; and WHEREAS, the City has considered the proposed project as it might affect public health, safety, or welfare and will be imposing conditions upon the approval addressing these considerations; and 1120 WHEREAS, the City Council has studied the practicality of the request, taking into consideration the present and future development of the property and the requirements of the Zoning, Subdivision Ordinances, and other official controls; and WHEREAS, the City Council's decision on the conditional use permit application was made within the timelines included in Minnesota Statutes Section 15.99: and WHEREAS, in granting approval of the CUP, the City Council makes the following findings of fact: 1. The proposed use of the site for both residential and commercial purposes meets the intent of the Mixed Use Corridor District. 2. The proposed improvements meet the intent of the Mixed Use Corridor District. 3. The proposed improvements will be an improvement from the historical use of the site. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound, based on record of this matter and findings contained herein, does hereby incorporate and restate the recitals set forth above and approve the Conditional Use Permit for a Shoreland Planned Unit Development (PUD) to allow the expansion of uses to include residential and structure additions for the property located at 2603 Commerce Boulevard (PID 23-117-24-14-0022) with the following conditions: 1. A wetland delineation shall be completed in advance of future building permit issuance. 2. The building materials and color scheme shall be subject to the review and approval of the City Council if determined to be required. 3. The project shall include the planting of two (2) trees as required by the landscaping requirements in the City Code. 4. Plans shall be updated to show any revisions to impervious surfaces as required by MCWD. The revised plan shall provide the amount of impervious surface proposed for the site. 5. The project shall meet the floodplain regulations in City Code Chapter 113, including, but not limited, to construction of the lowest floor of the building addition at the Regulatory Flood Protection Elevation (RFPE) of 935.0. 6. If determined to be required by the City Attorney, a Development Agreement shall be prepared by the City and executed by the applicant. 7. Applicant shall be responsible for payment of all costs associated with the conditional use permit application. 1121 8. The applicant shall be responsible for securing all required local, state, and federal permits and approvals required to undertake the project on the property. 9. The applicant shall be responsible for recording the resolution with Hennepin County. The resolution will not be released for recording until all conditions have been met. The conditional use permit is hereby approved for the following legally described property: Lot 46, AUDITOR'S SUBDIVISION NUMBER 167 Hennepin County, MN BE IT FURTHER RESOLVED, by the City Council of the City of Mound, the City Council's approval of the conditional use permit request is based on information contained in the record, including but not limited to, the applicant's request and submitted information, the Planning Report, and the Planning Commission's review and recommendation. Passed by the City Council this 23rd of May 2023. Attest: Kevin Kelly, Clerk Mayor Jason R. Holt 1122 MEETING MINUTE EXCERPTS - DRAFT REGULAR PLANNING COMMISSION MAY 2, 2023 Chair Goode called the meeting to order at 7:00 pm. ROLL CALL Members present: David Goode, Jason Baker, Samantha Wacker, Derek Archambault, Nick Rosener Members absent: Jake Saystrom; Kathy McEnaney, Drew Heal, Jon Ciatti Staff present: Sarah Smith, Rita Trapp, and Secretary Jen Holmquist. Members of the public: Therese and Thomas Frenette-1672 Avocet Lane, James Roberge- Canary Lane, Stacy Roxberg-2603 Commerce Blvd, Michelle McMurla-1665 Canary Lane, Faye Dobson-1656 Bluebird Lane APPROVAL OF MEETING AGENDA MOTION by Baker to approve the agenda, amended to include the additional comments received for Planning Case No. 23-09 for the appeal and to correct the date on the memorandum; seconded by Rosener. MOTION carried unanimously. REVIEW OF APRIL 7, 2023, REGULAR MEETING MINUTES MOTION by Rosener to approve the April 7, 2023 regular meeting minutes, as written; seconded by Archambault. MOTION carried unanimously. BOARD OF APPEALS Planning Case No. 23-07, 2603 Commerce Blvd. - Review/recommendation-Conditional Use Permit for Shoreland Planned Unit Development request for mixed use remodel/addition project Applicant: Triple S Company Trapp presented the case. The application is for a conditional use permit for a shoreland planned unit development in the mixed use corridor district. The property is on Commerce Boulevard, just north of Bartlett Boulevard. The site is just over 15,000 sq. ft. There is an existing structure built in 1956. The site has been used as a commercial property for more than 40 years. There are auto related conditional use permits for 1123 Planning Commission Minutes - Draft this property for the previous use. CUPS run with the land so the existing CUPS will remain in effect. This will be a new use CUP for a shoreland planned unit development. This property sits on the shore of Lake Langdon. The applicant is proposing to continue to use the lower portion of the structure for commercial purposes and build two rental apartments above the commercial property. A two -car garage on the rear of the building is being proposed that would provide parking for the apartments. The applicant is in the process of completing a wetland delineation. Preliminary discussions with MCWD is that a buffer will not be required. Once there is a wetland delineation that will be finalized. Due to the historical use of the property, a Response Action Plan (RAP) was prepared and submitted to the Minnesota Pollution Control Agency (MPCA). The City is not a part of the RAP. The plan requires all contaminated soils or water uncovered or disturbed through the construction process to be properly managed. The applicant is responsible for implementing and adhering to the RAP. The MPCA is the authority, not the City. The Mixed Use Corridor Zoning District allows mixed use apartment dwellings. A new CUP is needed because of adding on to the building and adding a new use. The existing and proposed building is located outside the 100 year flood plain. The apartment units include a two bedroom and a one bedroom and both will meet the minimum size requirements. Parking is accessed from multiple driveways off Commerce Blvd. Hennepin County would like to see the number of accesses be condensed. However, Staff is recommending the access remain the same. If one access was eliminated the residents in the apartments would have to enter and snake around the parking lot in order to get to the resident parking. The plans propose a 2- stall garage for the residential use and parking in front of and to the side for the commercial space. The minimum parking required is 9 total, for both uses. Staff notes that the proposed concrete areas are confusing and may be a topic of discussion for the Planning Commission with the applicant. Staff has requested a landscaping plan. At least two trees are required for multifamily. Minnehaha Creek Watershed District (MCWD) has not done a preliminary review on the stormwater management. MCWD typically waits for a recommendation and then will do an in- depth review. But they are a permitting authority so the applicant will have to meet whatever conditions MCWD identifies as required for storm water management. Trapp noted that no public hearing is required for this application. Property owners within 350 feet were notified as a courtesy. Goode called for questions. 1124 Planning Commission Minutes - Draft Baker asked if a parking plan is necessary prior to approving. Trapp believes it would be a good conversation but it isn't required. Rosener asked if the 9 parking spaces include the two spots in the garage. Trapp confirms. Archambault asked about impervious surface requirements. Trapp stated only grass would be considered pervious. The proposed project would be an improvement from how the property has been in the past. Baker asked whether the existing CUP included the amount of storage that would be allowed. Trapp doesn't believe it was outlined since the original CUP was so old. Goode asked the applicant to come forward. Stacy Roxberg-1551 Canary Lane -Goode asked for clarification on the surfacing the area in front of the garage. Roxberg stated she would like to save the two driveways onto Commerce Boulevard as then they would be able to keep room for more than one vehicle. Trapp clarified that Roxberg is saying that if a driveway is removed then they will just end up with boats and trailers being parked there.. Roxberg confirmed. She outlined where her parking would be along the fence line. She wants to do concrete all the way back. Wacker asked about whether the residential spaces would be market rentals. Roxberg confirmed it will be market rentals. Wacker likes the mixed use and she thinks it's different. She shares the applicant's concerns regarding the boat parking. Roxberg said the plan is a long-term investment with the rental income funding the commercial side. The applicant noted both units will have decks, making the rentals more desirable. Roxberg said the shoreline will be natural and park -like. Goode asked if she would like a dock. Roxberg said no, it is not part of the plan right now. Archambault asked about the commercial. Roxberg stated she wants it to remain as an auto shop in the short term but eventually she would be willing to give up the auto use and maybe have commercial offices for a residential tenant. Roxberg already has a potential commercial tenant who would use the space as it is now. Goode asked for comments from the audience. Hearing none he outlined the commission's options. MOTION by Baker to recommend City Council approve the Conditional Use Permit for a shoreland planned unit development in the Mixed -Use Corridor District, including staff recommendations; seconded by Wacker. MOTION carried unanimously. 1125 WIN mo" FMaudn ©e PLANNING REPORT TO: Planning Commission FROM: Rita Trapp, Consulting Planner Sarah Smith, Community Development Director DATE: April 26, 2023 SUBJECT: Review/discussion/consideration of a conditional use permit (CUP) for a shoreland planned unit development in the Mixed Use Corridor District (Case No. 23-07) APPLICANT: Triple S Company LOCATION: 2603 Commerce Boulevard (PID No. 23-11]-24-14-0022) MEETING DATE: May 2, 2023 COMPREHENSIVE PLAN: Mixed Use ZONING: Mixed Use Corridor SUMMARY The applicant, Triple S Company, has applied for a conditional use permit to allow for a shoreland planned unit development (PUD) to allow for the expansion of uses and the building on a property located on the west side of Commerce Boulevard just north of CSAH 125 (Bartlett Boulevard). The applicant is proposing to continue the existing auto related commercial use while adding two apartments and a two car garage in a building addition. REVIEW PROCEDURE The land use application under review is a Conditional Use Permit (CUP) for a shoreland planned unit development (PUD) in the Mixed Use Corridor District. 60,Day Land Use Application Review Process Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. Within the 60dayperiod, an automatic extension of no more than 60 days can be obtained by providing the applicant written notice containing the reason for the extension and specifying how much additional time is needed. For the purpose of Minnesota Statutes Section 15.99, "Day I" is determined to be March 14, 2023 as provided by Minnesota Statutes Section 645.15. The 60daytimeline expires on or around May 13, 2023 unless an extension is executed by the City. As provided by Minnesota Statutes Section 15.99, the City of Mound will be executing a 60dayextension to allow time for the City 1126 2603 Commerce Boulevard CUP for PUD — PC Report — May 2, 2023 Council to conduct a public hearing and consider the request. An extension of the 120 -day review period can occur if agreed to by the applicant. Public Hearing Planning Commission The Planning Commission is not required to hold a public hearing for a conditional use permit request. As a courtesy, Staff did sent out an informational letter on April 26'to property owners within 350 feet of the property of the Planning Commission's consideration of the request at its May 2nd meeting. City Council According to City Code, the City Council is required to hold the public hearings for review of the conditional use permit (Sections 129-39) after completion of required notification requirements. STAFF / CONSULTANT / AGENCY / UTILITIES REVIEW Copies of the request and supporting materials were forwarded to involved departments, consultants, agencies, and private utilities for review and comment. A summary of the comments received is provided below: Hennepin County Transportation In its comments, Hennepin County requested that there be only one driveway access to the property and that it would be located on the north part of the property to provide a greater distance from CSAH 125. Hennepin County also requested a 7 foot right-of-way dedication. The comments received were shared with the applicant. Additional information about any site changes in response to these comments will be presented at the meeting. County staff also asked about the watershed determination, which is addressed later in the Planning Report. DEVELOPMENT SUBMITTAL REVIEW Project Overview As noted above, the applicant is seeking a conditional use permit for a planned unit development to allow for a building expansion and an expansion of the uses on the site to include residential. The 15,546 square foot (0.36 acre) site has an existing structure that was built in 1956. According to the City's property files, the site has been used for commercial uses, specifically automobile service and truck/trailer rental for more than 40 years. The site was purchased by the current owner/applicant in March of 2022. Page 2 1127 2603 Commerce Boulevard CUP for PUD — PC Report — May 2, 2023 As shown in the attached plans, the applicant is proposing a main floor addition of 943 square feet that will include a two -car garage, small closets for the apartments, and a staircase to reach the second floor apartments. The second floor addition will extend across both the existing and new portions of the first floor for a total of 2,263 square feet. The second floor will have a one -bedroom apartment and a two -bedroom apartment. The plans also show a 10 by 12 foot deck on the west side of the property facing Lake Langdon, as well as a balcony located on the northeast side of the building over what is today the entrance. Wetlands The applicant is in the process of completing a wetland delineation for the site. Hennepin County Natural Resources website information shows wetland located in the vicinity of the Lake Langdon shoreline and is not affected by the current proposal. Preliminary discussions with the Minnehaha Creek Watershed District (MCWD) are that there will be no buffer of the wetland required. Soils Due to its historical use, the property owner had a Response Action Plan (RAP) prepared for the site through the Minnesota Pollution Control Agency (PCA). This plan requires that all contaminated soil and water that is uncovered or disturbed to be properly managed. The applicant will be responsible for following the RAP as part of any construction projects. Comprehensive Plan The project area is designated as Mixed Use in the City's 2040 Comprehensive Plan. As described in the Future Land Use Table on Page 32, mixed use is "meant to support a variety of commercial, residential, and public uses." The designation was intended to provide flexibility so that property owners have options when considering development or redevelopment. To provide further clarification of the City's intent, each mixed use area has its own one -page description of the intent, character and approach to mixed use. The Promenade Mixed Use Area was shown as having the potential for either residential or commercial, with single-family detached, townhomes, and multi -family being considered appropriate. The use of this site for a mix of commercial and residential is in keeping with the 2040 Comprehensive Plan. Conditional Use Permit (CUP) Given the new residential use and the building expansion, the applicant is requesting a conditional use permit for a shoreland planned unit development. The intent is that through the conditional use permit the City establishes the conditions that the development should meet to ensure that it fits its location. The following subsections summarize City Code Page 3 1128 2603 Commerce Boulevard CUP for PUD — PC Report — May 2, 2023 requirements and what the applicant is proposing in the development. Mixed Use District (Sec. 129-139) The Mixed Use Corridor District (MU-C) was established to allow for the continued mix of retail, services, office, residential, civic, institutional and recreational land uses. The City Code specifically allows a mixed use apartment dwelling, which is defined as a building designed for one or more dwelling units as well as non-residential uses that are permitted to be located on the ground floor with all dwelling units sharing a joint entrance from the outside. The MU-C establishes site and architectural design standards that are intended to shape the form of development in the district. The following summarizes relevant requirements and what the applicant is proposing: • The structure is required to be at least 50 feet from the ordinary high water mark. The applicant is showing in the survey that all parts of the addition, including the deck, will be located more than 50 feet. • There is no minimum side yard setback. The applicant is proposing to follow the wall plane of the existing structure along the south property line. This will result in the addition and upper story to be located 9 feet from that property line. • The maximum impervious surface for the site is 75%. The applicant is indicating that the impervious surface for the site shall be 39.2%of the site. • The applicant has provided the attached building elevations but has not provided information about proposed building materials. The MU-C district requires wood lap siding or similar products for street facing elevations. It also provides that similar high quality materials can be approved through the PUD. Shoreland Development As the site is located on Lake Langdon the PUD process needs to evaluate the site for shoreland density. This evaluation finds that the allowable residential density on the site is one (1) unit. As has been noted for each development project within the City's mixed use area, this evaluation is a difficult provision to comply with as the density evaluation is based on the single-family lot size of 10,000 square feet. The shoreland planned unit development provisions also require that 50% of the site be open space. This provision is also difficult to comply with in the City's developed mixed use area. Floodplain The City's floodplain regulations are contained in City Code Sec. 115. Similar to all lakefront property, a portion of the property is located in the 100-year floodplain for Lake Langdon (935.0). The building and proposed addition are located outside of the 100 year floodplain for Page 4 1129 2603 Commerce Boulevard CUP for PUD — PC Report — May 2, 2023 Lake Langdon. Per code, the building addition is required to be constructed at the required 937.0 Regulatory Flood Protection Elevation. Any filling/grading activity in the 100-year floodplain also requires permitting from the MCWD. Unit Size (Sec. 129-199) The City has established minimum unit sizes for its residential developments. All units are greater than the minimums established. Parking, Access and Circulation (Section 129-323) As noted previously, the site will be accessed from multiple driveways off Commerce Boulevard. City Code requires one parking space for the one (1) bedroom apartment and two (2) parking spaces for the two -bedroom apartment for a total of three (3) parking spaces for the residential use. City Code also requires 6 spaces for the automobile use. Parking on the site includes two garage spaces for the apartments and the concrete area in front of and to the side of the building. Commissioners may want to clarify with the applicant the surfacing of the area in front of the garage addition and how the applicant envisions parking and circulation to work on the site. Landscaping (Sec. 129-317) The applicant has not indicated proposed landscaping for the project. Given the additional residential to the site, at least two trees should be planted. It is recommended that a landscaping plan be prepared prior to any construction commencing on the site. Utilities 1. Public water and sanitary sewer utilities have already been established for the site. 2. The MCES SAC charge for the remodel/addition project to include the 2 new apartment units shall be the responsibility of the applicant. A MCES Sewer Availability Charge determination letter shall be provided by the applicant. 3. Sewer and watermain area trunk charges for the project shall follow the MCES SAC determination. 4. Sewer connection and water connection fees shall be as determined by the City Manager -Director of Public Works. Stormwater Stormwater management is subject to the review and approval of the Minnehaha Creek Watershed District (MCWD). As of the writing of the Planning Report, no comments were received as Historically, it has been MCWD practice is to evaluate an application after Planning Page 5 1130 2603 Commerce Boulevard CUP for PUD — PC Report — May 2, 2023 Commission review of a project application. Applicant is advised that all needed permits from the MCWD will be required. PLANNING COMMISSION ACTION After considering the information in the Planning Report and Staff's presentation, the Planning Commission should recommend approval, recommend denial, or table the request so that the applicant and Staff can provide additional information. Should the Planning Commission want to recommend approval of the request, the following is a preliminary list of conditions that should be considered. 1. A wetland delineation shall be completed in advance of future building permit issuance. 2. The building materials and color scheme shall be subject to review and approval of the City Council. 3. The project shall include the planting of two (2) trees as required by the landscaping requirements in the City Code. 4. The project shall meet the floodplain regulations in City Code Chapter 113, including, but not limited, to construction of the lowest floor of the building addition at the Regulatory Flood Protection Elevation (RFPE) of 935.0. 5. This conditional use permit is approved for the following legally described property as stated in the Hennepin County Property Information System: (to be inserted). 6. If determined to be required by the City Attorney, a Development Agreement shall be prepared by the City and executed by the applicant. 7. Applicant shall be responsible for payment of all costs associated with the conditional use permit application. 8. The applicant shall be responsible for securing all required local, state, and federal permits and approvals required to undertake the project on the property. 9. The applicant shall be responsible for recording the resolution with Hennepin County. The resolution will not be released for recording until all conditions have been met. 10. Additional conditions from Staff, the Planning Commission, and City Council. Page 6 1131 2603 Commerce Boulevard CUP for PUD — PC Report — May 2, 2023 CITY COUNCIL REVIEW In the event a recommendation is received from the Planning Commission, it is anticipated that the request will be considered by the City Council at its May 23, 2023 meeting to include a public hearing. A public hearing will be required for the conditional use permit for the planned unit development. Page 7 1132 1133 CERTIFICATE OF SURVEY -DRAFT COPY --for-. Stacy Roxberg ~ef~ Let 46_ AUDITOR'S SUBDIVISION NUMBER 167 GAS F,-+- „�,7 I, Hennepin County, MN 2603 Commerce Blvd, Mound, MN 55364 LEGEND DENOTES IRON MONUMENT FOUND AS LABELED DENOTES IRON MONUMENT SET, MARKED RLS# 45356/52705 DENOTES FOUND JUDICIAL LANDMARK DENOTES AIR CONDITIONING UNIT DENOTES EXISTING SPOT ELEVATION DENOTES GUY WIRE DENOTES MAILBOX DENOTES POWER POLE DENOTES SANITARY SEWER MANHOLE DENOTES EXISTING CONTOURS DENOTES WATER VALVE DENOTES HYDRANT DENOTES LIGHT POLE DENOTES EXISTING SANITARY SEWER DENOTES EXISTING WATER MAIN DENOTES OVERHEAD WIRE DENOTES UNDERGROUND GAS LINE DENOTES TREE LINE DENOTES BITUMINOUS SURFACE DENOTES CONCRETE SURFACE DENOTES GRAVEL SURFACE *931.8 DENOTES SHORE IMPACT ZONE 9� O NORTH +9?ti. I � I _ _ I I I I I I o I 0 � LINES RECREATED / I ----- --- �- FROM SURVEY BY -' ------ _ I I EINAR J. JEPPESEN II L I 11 EXISTING I I HOUSE I II - _ I I I I I I I I I I I I I I I I I I I I II _ o I o EXISTING I I _ HOUSE i F _ I t I I 935.48 I I I - DOCK 1n+ qTf� yy I -933.1 934i2- ��/ 932.1 934939.E 10 LANGDON LAKE 1 Q -935.0 O. -FL( HIGHEST RECORDED LAKE LEVEL: 933.3 NGVD 29 3 / S�� N 0+, ORDINARY HIGH WATER LEVEL (OHWL): 932.1 NGVD 29 93a 6 S RECORDED WATER LEVEL (15JUNE22) 931.6 NGVD 29 .1 931 .y�Q' 4 6 � ,z 'LOT AREA 15,546 SQ. FT. -_- \ <934.a � I 93 �V v x934.0 q•3�� ` � 1n o - /0 n 0.T W. OF WALK-- �1� I : / r� 0 3 S8.1043.(l•24„ 936.39 S 936.5 _ I 13 4" :' E �\g36.%0 m 35.76 x 935.7 935.3 145f 36. I G O _ of N 36;1 It 35.79 I n I WOOD FENCE 936.51 "1 ?REMNANT �;�' } � 36.05 _ I35. ' RFEMA `. r'� 35.76 DPLA[N (935 EL) I-937.1�� (5 $F) a 6.$ Al, 4. 936.27 .935.fi fps ° 1 ° °. a °936.9^ ° °� "II ° .936 �� FLUSH I I:.... I 3 PROPO - ° a CA �' CURB6. :. @ In (920 J- Or�O m I 36.00 ROPOSED a� I° °` • C® 36.34 0j�h I L 1 1 - :ONCRETE'1l (250 SF) I PROPOSED. --CONCRETE Q° �I I 931,8 100 YEAR .(� y FLOODPLAIN ((935 E'f j' Id n PROPOSED x932.6 `. S�t. / _935 01 N BUILDING 937.2x •934.0 C ` 93q 0/ Ir 3 . \may' x931.7 `932.3 x933.8 �n �x /�O� �1DX12 FFE:937.5 /y / DECK LFE:937.5 .934.1 °w✓ .. x934.0 x933.9 _ 943 S.F. ` :33.5 78.41 1 9r a� PILE OF METAL33,q F +9 O x 934.5 M v 4 gyp° �2,647 SFf °a � I ONE-STORY 937.a� 32 9°-va _ BLOCK 36 I ■ . BUILDING a 93650 36.0.6 I ° ° a FFE:937.5 1,321 S.F. i Y I FLUSH 936XA CURB / 04,66 q 1 �� reR \ s x935 !936.7 S SHRUBS x936.7 � I a 36.2E EXISTING HOUSE x 936.4 / °- a- 7' N. OF PP / Off W. OF W^UC a36.7 --- S. LINE OF LOT 47-� \\ SE CORNER LOT 47 N86°03'14"W 188.95 - (FROM SURVEY BY- \\ DEMARS-GABRIEL) n r� -i- NOTES - Field survey was completed by E.G. Rud and Sons, Inc. on 05/20/22, 06/14/22 & 06/15/22. a N - Bearings shown are on the Hennepin County Coordinate System NAD83 (86 Adj). z - Parcel ID Number: 2311724140022. - This survey was prepared without the benefit of title work. Additional easements, restrictions and/or encumbrances may exist other than those shown hereon. Survey subject to revision upon receipt of a current title commitment or an attorney's title opinion FND JLM - City of Mound Zoning Code indicates that the surveyed premises shown on this survey is currently zoned B-1(Central Business). Under the applicable zoning 20 regulations, the current setbacks are: IMPERVIOUS SURFACE CALCULATIONS Building: Front = 30 feet Side =30 feet TOTAL LOT AREA ............................... 15,546 SQFT Rear = TO BE DETERMINED UPON WETLAND DETERMINATION PROPOSED ADDITION ......................... 943 SQFT EX. BUILDING .................................... 1,321 SQFT PROPOSED CONCRETE .......................... 3,818 SQFT EX. CONCRETE .................................... 5 SQFT TOTAL IMPERVIOUS SURFACE ............... 6,087 SQFT PERCENT IMPERVIOUS ............................. 39.2 % rs 2 HUTCHINSON, MN 55350 TEL. HUTCHINSON: (320) 587-2025 P:\CIVIL-3D-PROJECTS\1 2022 PROJECTS\220592LS\CURRENT\220592LS PROPOSED.DWG 931 II I I I I I 66 I �937.5 I I I I 937.18 I I I I I I I I I I I I I I I I I I L d I BARTLETT BLVD GRAPHIC SCALE 0 10 20 40 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Samuel N. Niemela Date: 03/22/23 License No. 52705 1 INCH = 2O FEET 80 BENCHMARK BENCHMARK NAME: MOUND ELEVATION: 937.83 (NGVD29) DRAWN BY: SNN JOB NO: DATE: 06/24/22 CHECK BY: SNN FIELD CREW: SNN & BCK 1 IOAUG22 PROPOSEDIMPROVEMENTS SNN 2 3 NO. DATE 1134 952-4rl-OW3 FAX 952-472-CM CONDMONAL USE PERMIT lk MAR 13 2023 AWicationfibe- and F.Acrow Deposit requiredat time of appOcalion. Rease iype w prim the foRawing Woramlion: PWOPOM %*�W Ad&esk--C� LOM MZYC 0' WFORWA TM LEGAL APPLICAMT Dw appk;;ft C%NN, Evmd ,-< -- - I rrm-n -p ?Vl tL _4,1 DNCD760 phw* mmm Effaff OWN" Wiwi— ceff AdWaSS-- Oft I or=-- cal-- zafAm bco G� a � c )ad air -,>dab on �5k:;tvx c n� -to - ll�� LP-124o� 'Mce CjtDf-lGV% CQV' 5_0 1135 GTS F 7HE PROPOSED USE: List impacts Me proposed use wig have �onprapefty in tie vidnAy, .EFFE '&(bC dldbt�� thesteps taken to ffift Odu&ng, fXA Tnt fi-Tlftad'10 b7a ft-, notse. � Cqpark an ate 0r efirTfTxate the impa=,, Has aa apkatmi ev made for zunmg, vwJanc*, oon6monai use peTmit, or VffieT zonng pTocedure fof trm dws preper"Y? lafefs) of apphImItion., acbm LA!8%7mmDbed-S) aMY6 p1mvidle, l'ye—S, ksAd 6fresdu6oram. Appftadby? must be sigved by aff owners of b5e subject propetly,. of explanatton its why this fs not the r) m )L Phrnt Ovinees Name, Ptint Owftaft%am -Nui)3 AAqwli4fkanf�. S. Date 0 :)w eft Sig ig re Date refs mature Im City Cod6, Sectlen,12S4S relating-, to Conditional Use Perm" its mast be reviewed by thy: aplpficanti 1136 I N! w� r�N r�aN o6 u-z z v a ar+niu annou� -4 an •an�e ex3�+>•+� awra e �i_ nano `a ezya vex asbi; O F' I � J r a-: a .• � I -.. Q V 1-7 �- of 61 SnOUJ35 CpY •ra-�a revs un'OWipv i�unqus l�yml_ V oSal+nlu Onn�l.+�' E�ol Hz�a •ante gTdaNuv) 4v/i ,-day i�aredd I r 9°— k N 9ni s"xa 1138 0 v s I 11 o ill r 0 Jd F �N s �. 1139 MIN ciTv of titouno ©e EXECUTIVE SUMMARY TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director; Rita Trapp, Planning Consultant DATE: May 17, 2023 SUBJECT: Hearing —Appeal to the Board of Adjustment and Appeals LOCATION: 1665 Bluebird Lane OWNER: Ryan Bortolon CASE NO: 23-09 COMPREHENSIVE PLAN: Low Density Residential ZONING: R-1A Single Family Residential SUMMARY As provided by City Code Sec. 129-32, the City Council, in its capacity as the Board of Adjustment and Appeals, will hold a hearing to consider an appeal request submitted on April 10, 2023 by Ryan Bortolon, owner of the property at 1665 Bluebird Lane. Mr Bortolon is appealing the Community Development Director's determination, provided by letter to the owner on February 15, 2023, that the property does not have lawful, non conforming status for short-term home rental use. Details aboutthe appeals request are included in the attached Planning Report dated April 26, 2023, which includes the submitted materials from Mr. Bortolon. PROCESS City Code Sec. 129-32 includes the regulations related to Appeals to the Board of Adjustment and Appeals. The excerpts are provided below: Sec 139-32. Appeals to the board of adjustment and appeals. (at The board of appeals and adfustmems such be the City Council. The Planning Commission such hear and advise the City Council of its findings and determinations. (b) The board of adfustment and appeals such act upon all questions os they may arise in the administration of this chapter, including the interpretation of zoning maps, and it such hear and decide appeals from and review any order, requirement, decision, or determination made by on administrative official charged with enforcing the chapter Such appeal may be taken by any 1140 person aggrieved or by any officer, department, board or bureau of a town, municipality, county or state. (c) The conditions for the issuance of a variance are as indicated in section 129-39. No use variances (a use different from that permitted in the district) shall be issued by the board of adjustment and appeals. (d) Hearings of the board of adjustment and appeals shall be held within such time and upon such notice to interested parties as is provided in its adopted rules for the transaction of its business. The board shall, within a reasonable time, make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney. (e) The board of adjustment and appeals may reverse or affirm wholly or partly or modify the order, requirement, decision, or determination as in its opinion ought to be made to the premises and to that end shall have all the powers of the officer from whom the appeal was taken NOTIFICATION. Property owners within 350 feet of the property, per Hennepin County tax records, were mailed an informational letter on May 11, 2023 to notify them of the appeal request and the City Council's hearing to be held at their May 23, 2023 meeting for consideration of the appeal request. The letter indicated that comments on the appeals request received by 11:00 a.m. on Wednesday, May 17' would be included in the City Council agenda packet and that comments received after 11:00 a.m. on Wednesday, May 17' would be presented at the City Council meeting. The City received 2 letters which are included as attachments to the Executive Summary. PLANNING COMMISSION MEETING SUMMARY AND RECOMMENDATION The Planning Commission considered the appeals request from Mr. Bortolon at their May 2, 2023 meeting. Staff outlined the appeals process, the process used for evaluation of existing owner and operators after the 2018 code change for determining lawful, the property's nonconformity status and Staff's review of the submitted information from Mr. Bortolon related to grandfathered use as a short-term home rental. A legal memorandum from the City Attorney, which responded to the questions contained in the appeals request, was included as an attachment to the Planning Report. Mr. Bortolon was present at the meeting and explained the history of the property which he and his family purchased out of foreclosure for family use and that it has been used both for short-term and long-term rental purposes. There were persons present who spoke about neighborhood impacts related to the rental use of the property. 1141 After discussion, the Planning Commission voted unanimously to recommend to the City Council that it was in agreement with Community Development Director's determination that the property at 1665 Bluebird Lane does not have lawful, nonconforming status for use as a short-term home rental to include the findings contained in the Planning Report. Draft excerpts from the May 2"d Planning Commission meeting have been included as an attachment. REQUESTED ACTION The City Council, acting as the Board of Appeals and Adjustment, will hold a hearing as part of its meeting on Tuesday, May 23, 2023 to consider the appeal request as provided by City Code Sec. 129-32. Given the Community Development Director's determination and the Planning Commission's recommendation, a resolution has been prepared for City Council consideration. 1142 CITY OF MOUND RESOLUTION NO. 23- RESOLUTION TO AFFIRM COMMUNITY DEVELOPMENT DIRECTOR DETERMINATION THAT THE PROPERTY AT 1665 BLUEBIRD LANE DOES NOT HAVE LAWFUL, NONCONFORMING STATUS AS A SHORT-TERM HOME RENTAL WHEREAS, the City Council, in August 2018, adopted regulations that prohibit the use of homes in the residential districts for short-term rental use. As defined in City Code Sec. 129- 330(a)(4), a short-term rental means any temporary occupancy of a dwelling unit that is offered for rent to a transient for fewer than 30 consecutive calendar days; and WHEREAS, the excerpt from City Code Sec.129-330 (b) (2) regarding the prohibition of short term rentals is provided below: (2) Prohibition. No person shall offer for rent, or enter into a rental agreement, a dwelling unit, or any other portion of their property, as a short-term rental in any residential zoning district within the City. State -licensed hotels, motels, and lodging establishments located in areas where expressly permitted by the City's land use regulations are allowed, pursuant to all applicable law and rules. and WHEREAS, the property located at 1665 Bluebird Lane, Mound, Minnesota ("Property") is zoned R-1A Single Family Residential and subject to the City Code Chapter 129; and WHEREAS, the City was informed that the Property may be in use as a short-term rental and notified Ryan Bortolon, the property owner, ("Owner") that short-term home rentals are prohibited; and WHEREAS, the Owner informed the City that the Property had been in use previously for both long and short-term rental use and submitted information so the Community Development Director could evaluate whether the Property had lawful, nonconforming status as a short-term home rental use; and WHEREAS, on February 15, 2023, the Owner was notified by letter, that the Community Development Director's evaluation was that the Property did not have lawful, nonconforming status for short-term home rental use; and WHEREAS, the February 15, 2023 letter also provided information about City Code Sec. 129- 32 (Appeals to the Board of Adjustment and Appeals) which identifies how to appeal the Community Development Director's evaluation; and WHEREAS, the Owner, on April 10, 2023, submitted a request in accordance with City Code Sec. 129-32 Appeals to the Board of Appeals and Adjustments ("Appeal"); and WHEREAS, the City's nonconforming regulations are contained in City Code Sec. 129-35; and WHEREAS, the Appeal was reviewed and processed pursuant to City Code Sec. 129-32 Appeals to the Board of Appeals and Adjustment; and 1143 WHEREAS, as set forth in City Code Sec. 129-32, the Board of Appeals and Adjustment is the City Council; and WHEREAS, City Code Sec. 129-32 requires review of all appeals by the Planning Commission prior to a City Council hearing for an appeal; and WHEREAS, information regarding the Appeal is included in the Planning Report dated April 26, 2023, which includes the Owner's submitted materials for the Appeal ("Planning Report"); and WHEREAS, City Code, in accordance with Minnesota Statutes Sec. 462.357, provides in Sec. 129-35(b) the ability for a property owner to use a property for a use prohibited by the code if that use was lawfully in existence at the time the prohibition was established. In addition, to continue the nonconforming use it must not be discontinued for a period of more than one year; and WHEREAS, the Planning Report outlined the process the City undertook following the enactment of the new regulations to prohibit the short-term rental use to determine the lawful, nonconforming status of the existing owners and operators who had made themselves known to the City. This process included the preparation of informational forms to be completed by owners and operators and returned for Staff evaluation. A summary of the City's process used for the Community Development Director evaluation and determination of lawful, nonconforming status of existing operations is provided below: 1. The City evaluated the submitted information regarding short-term rental activities that took place on the property prior to August 5, 2018. 2. A short-term rental activity that took place after August 5, 2018, but was booked before the effective date of the new ordinance, was included in the determination. If the activity took place or was booked after the August 5th prohibition date, it was excluded from the determination. A look back period for short term rental use between 2013 and 2018 was evaluated to determine the amount of lawful, nonconforming status. When rental information was provided for multiple years, the year with the highest annual rental days was used. and WHEREAS, the Owner was provided and submitted the same informational forms previously used by the owners and operators for the Community Development Director evaluation and determination of lawful, nonconforming status after the 2018 new regulations went into effect; and WHEREAS, information on the completed forms submitted by the Owner indicated the Property was only used for short-term home rental in 2012, which is outside of the look back period previously established; and 1144 WHEREAS, as outlined in the Planning Report, the Community Development Director's determination was that the Property does not have lawful, nonconforming status for short-term home rental use and was based on the following findings: The Property was not in use as a short-term home rental at the time of the August 5, 2018 prohibition. 2. The Property was not in use as a short-term home rental during the 2013 to 2018 rental look back period. and; WHEREAS, the City established through billing records that the Property was used for long- term home rental between 2016 and 2021: and WHEREAS, the Appeal was considered by the Planning Commission at its May 2, 2023 meeting; and WHEREAS, based on its review, the Planning Commission voted to recommend to the City Council that it is in agreement with the Community Development Director's determination that the Property did not have lawful, nonconforming status as a short-term home rental; and WHEREAS, the Appeal was reviewed by the City Council of the City of Mound, acting in its capacity as the Board of Appeals and Adjustment, at its May 23, 2023 meeting, which included a hearing in accordance with City Code Sec. 129-32; and WHEREAS, the City Council's decision on the submitted Appeal was made within the timeframe established in Minnesota Statutes Sec. 15.99. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, acting in its capacity as the Board of Adjustment and Appeals, based on record of this matter, the Reports, and findings contained herein, does hereby incorporate and restate the recitals set forth above, and affirms the Community Development Director's determination that the Property does not have lawful, nonconforming status for short-term home rental use based on the following findings: The Property was not in use as a short-term home rental at the time of the August 5, 2018 prohibition. 2. The Property was not in use as a short-term home rental during the 2013 to 2018 rental look back period. 3. Any ability of the Property to be used for short-term home rental was abandoned due to the use of the Property as a long-term home rental between 2016 and 2021 as shown by City utility billing records. 1145 Passed by the City Council this 23rd day of May, 2023. Attest: Kevin Kelly, Clerk Mayor Jason R. Holt 1146 FayeJ. Dobson. 1656 Bluebird Lane, Y 152023 Mound, MN 55364 To, The Mound City Council. May 15, 2023 Re 1665 Bluebird Lane, short-term rental. We have lived at 1656. Bluebird Lane, for 36yrs, right opposite 1665. Ryan Bortolon. Informed me that the home was no longer goingto be full -term Rental, which it had been for Byrs, since it was going to be for the family, which apparently, is not true. I was shocked when the Contractor working on the house told me it was going to be Airbnb. Cars are a great concern in this narrow, dead-end street, since we already have extra from the two boats on the dock. 1665 short-term renters, seem to come with at least 5 cars plus visitors, we had 9 cars every evening from one group, and last week a Boat trailer was angled in the driveway since it was too long for the short driveway. This is so uncomfortable to have strangers, constantly outside our home. We are also very concerned for our property value. I respectfully ask you to uphold the laws already in place. Sincerely, �J C��vv�c'i1 FayeJ. Dobson 1147 Alan J Dobson 1656 Bluebird Lane, Mound, MN 55364. _ SAY' S ?0?3 Re 1665 Bluebird Lane Short-term Rental. To, The Mound City Council. May 15, 2023. The property is actually owned by 1665 Bluebird LLC. This Limited Liability Company is now trying to change a Residential Home into a short-term rental. We feel this should not be allowed as the home is located in the zoned Residential area off Dreamwood, and Mound does not allow short-term renting. Ryan Bortolon, told my wife last year that he was not going to rent it anymore, because his relatives would be using it. That does not appear to be true. He was also quite happy renting it out Full -term for 8 plus years. By going to Short-term renting, he will possibility be reducing the property value of our home, since we live directly opposite. The Home 1665 Bluebird Ln. has a very small garage and hard (vitally impossible) for people to park two full-size cars in it. If they have a boat Trailer, either that or some of their cars are parked in the street. Being a dead-end street with parking on one side only, which is narrow, this creates many problems for delivers or emergency vehicles. We have been living in our house on Bluebird Lane for 36 plus years, feeling secure. Now, because of strangers, coming and going on a weekly basis, the feeling of security is being taking away from us by Ryan Bortolon using unlawful means. Please, please, uphold the rulings that the City of Mound has on its book's. Both Residential zoning, and short-term rental. Sincerely / 4-<1- - 0 , Alan J. Dobson 1148 MEETING MINUTE EXCERPTS - DRAFT REGULAR PLANNING COMMISSION MAY 2, 2023 Chair Goode called the meeting to order at 7:00 pm. ROLL CALL Members present: David Goode, Jason Baker, Samantha Wacker, Derek Archambault, Nick Rosener Members absent: Jake Saystrom; Kathy McEnaney, Drew Heal, Jon Ciatti Staff present: Sarah Smith, Rita Trapp, and Secretary Jen Holmquist. Members of the public: Therese and Thomas Frenette-1672 Avocet Lane, James Roberge- Canary Lane, Stacy Roxberg-2603 Commerce Blvd, Michelle McMurla-1665 Canary Lane, Faye Dobson-1656 Bluebird Lane APPROVAL OF MEETING AGENDA MOTION by Baker to approve the agenda, amended to include the additional comments received for Planning Case No. 23-09 for the appeal and to correct the date on the memorandum, seconded by Rosener. MOTION carried unanimously. REVIEW OF APRIL 7, 2023, REGULAR MEETING MINUTES MOTION by Rosener to approve the April 7, 2023 regular meeting minutes, as written; seconded by Archambault. MOTION carried unanimously. BOARD OF APPEALS Planning Case No. 23-09, 1665 Bluebird Lane - Review/recommendation-Appeal request regarding Staff determination regarding lawful, nonconforming status for short term rental use Applicant: Ryan Bortolon Smith outlined overview of the submitted appeal to evaluate staff's determination that the subject property does not have lawful non -confirming status for short term vacation rentals. The City decided in August of 2018 to enact regulation to not allow short term rentals. Smith outlined the appeals process and how the code allows it. Smith pointed out the two additional comments the commissioners received as an amendment to the agenda. 1149 Planning Commission Minutes - Draft Smith stated that in 2018 an ordinance was put in place that prohibited the start up of new short-term home rentals. Known operators who were using their property as such were invited to complete forms to determine lawful -non -conforming status the day the ordinance became effective. Smith outlined how short-term home rental was evaluated. If rental information was provided, the existing properties were granted lawful non -conforming status to continue to operate at the same level. Smith noted that the evaluation of short term home rental included any activity between August 5, 2018 and December 31, 2018 that was booked prior to August 5, 2018. The City included a look -back date for activity back to 2013. If the property owner provided proof of activity for multiple years, the year with the highest number was what established what would be allowed for that property. Smith outlined the reasons for the applicant's appeal. Smith pointed out the letter from the City Attorney in response to the applicants request, which was included as part of the agenda packet. The three points stated for the denial of lawful non -conforming status were 1) The property was not in use as a short term rental at the time of the prohibition period. 2) The property was not used as such in during the look back period. 3) The ability to use the property as a short term rental was abandoned when the property was used for long term rental from 2016-2021. Smith outlined that staff believes this property does not have lawful non -conforming status. Smith stood for questions. Archambault wondered about a comment that the long term rental was verified through utility billing. Smith replied that the finance department confirmed utility billing was established for rental tenants during those years. She could not confirm if it was the same tenant for the entire time but records indicated tenants other than property owner were on utility bills. Rosener asked if any of the items that Staff used to make their determination on are in dispute by the applicant. Smith thought that the applicant outlined if the look -back period had been extended he would have qualified. She suggested that would be a good question for applicant. Goode asked for differentiation between long term and short term rentals. Smith said anything 30 days or longer is considered long term. Goode asked if the city code specifically differentiates between short and longterm rentals. Smith confirmed. Baker asked if the recommendation being sought is evaluation of staff's interpretation of the code. Smith confirmed. 1150 Planning Commission Minutes - Draft Goode asked if this is an "enforcement decision." Smith explained that it started when it was brought to Staff's attention, a letter was sent to the owner and he reached back to Staff. Staff then asked for additional information. Evaluation was the information showed it was being used in 2012, but not in the 2013 to 2018 look back period. Baker asked for clarification on what is being asked of the Planning Commission. He understands that they are not being asked to look at the short-term rental decision, they are being asked if Staff's determination that this particular property does not have legal non- conforming status is correct. Trapp confirmed. Archambault asked if the commission needs to make findings when making a motion. Smith confirmed and noted some were provided in the packet. Goode calls the applicant to speak. Ryan Bortolan-16200 Pine Street, Minnetonka. He is the owner of 1665 Bluebird. In the deep recession of 2012 he bought the property that was going into foreclosure. He had a dream to own a lake home. He is not a corporation. He doesn't flip homes. He has a family and he hopes they can someday use the property. It was a risk for him. He had to find other ways to make the property make money. He rented it as a short-term rental for a summer in 2012. There were not a lot of rules in place for short term rentals. He switched it to a long term rental until he could afford to have the home as his own. In the course of the time, the City made statutes that said that short term rentals were no longer allowed. The letter initially stated that as long as you were lawfully renting prior to 2018 you would be able to continue to do so. He assumed that applied to him. He switched to long term rentals; hoping to do that until he could live in the home himself. He switched back to short term rentals last year so the property could be available for his family from time to time, which wouldn't be possible with a long term tenant. He went through the process to get non - confirming status. He was denied. He states it's an arbitrary date and there is no case law, that he is aware of, that states the look back period should be 5 years. He said he would have received non -conforming status if the look back period was extended one more year. Bortolon stated that he is not an attorney but he has read case law. Through other real estate short term rentals arguments he found examples where a decision is arbitrary. That states that someone cannot be denied simply on an arbitrary status. He believes someone picked 2013 through 2018 because it seemed like a reasonable amount of time. He believes he was excluded simply based on that arbitrary timeline. Bortolon said if you were to go on the short term rental websites you will find at least 15 short term rentals in the Mound area. They are all single family homes. They are all on or near the lake. He stated they are alike his property in every way. Case law states someone can't be excluded or treated differently when other "alike" properties exist. He believes his home is the 1151 Planning Commission Minutes - Draft definition of alike properties to all the others who were given non -conforming status. Bortolon believes he has two strong legal arguments of why he should be granted non -conforming status. He stated the neighbors' comments regarding some trouble renters were true before. He has taken huge steps such as having a management company and having strict regulations. He agreed with the comments regarding parking. He pointed out that he forbids parking on the street, even when his family is using the property. There are rules on curfews. There are limits on the number of people. He has installed cameras. He's taken a number of steps to address the issues. He noted the neighbors have his personal contact information. He has never received any complaints from the neighbors until he was there doing work on the property in the spring. Rosener asked if there were any short-term rentals from 2018 to 2021. Bortolon said no, that was a longterm rental. Goode asks if anyone in the audience would like to speak. Faye Dobson 1656 Bluebird- Her husband Allan submitted a letter but could not attend for health reasons. She has lived directly opposite the applicant's property for 36 years. The property has been full term rentals for 8 years. They had two separate 4-year long term renters at the property. Bortolon told her that he was not going to rent it anymore as his family was going to be using the property. She was pleased to hear that. She asked Jason, the contractor, when he would be finished working on the house. He told her, "It will be two more weeks since it has to be perfect for what Ryan wants to charge for Air B & B." She asked Bortolon about it and he responded, "Only sometimes." Extra cars are a problem since it is a short dead end street. Most renters arrive with no less than 5 cars from other states. One group had 9 cars every night for three nights. There is just not enough parking as there are also two city docks here, as well. Dobson said "This is uncomfortable. We have strangers staying across the street." She had to tell one group of renters that they installed a volley ball net on land that was not part of this property. Dobson respectfully requests staff's determination be upheld. Archambault asked when the issues she is discussing happened. She said 8 years ago. Therese Frenette, 1672 Avocet Lane- Her property is adjacent to the subject property. One side yard abuts this yard. It was used as VRBO all last year and people were coming and going. She bought her house in October of 2012. It has always been long term rental since she owned. Her understanding was there were no short term renters. The longterm renters moved in right after she did. She bought the house in a residential area. Short term is a business use in a residential area. He can't enforce the rules since he's not there. The renters don't follow the rules. Frenette shared an example. Last summer renters took jet skis out after dark. You can't call the police or Hennepin County water patrol. It's not practical. It was a safety issue. She had to have the uncomfortable conversation regarding operating a water craft in the dark. She doesn't feel she should have to have those conversations. Long term renters can have a 1152 Planning Commission Minutes - Draft 5 neighborly conversation. These conversations need to be had weekend after weekend. She does not want this to be allowed. It is a disruption. It's not residential use. She hopes this won't be allowed. She is worried about property values, as well. Jim Roberge, 4987 Three Points Blvd. - He has property on Canary. He confirms the previous comments were true. The neighborhood has changed since people started renting it short term. There are parties, cars, disrespect and arguments. There have been cars parked in the middle of the street on the dead end. Roberge has a dock on the end and cars come in and park where they can and block in your cars. The renters get upset. This changes the character of the neighborhood. They are operating a business. This should be a residential neighborhood. The short term rental takes away your ability to enjoy the property. Tom Frenette, 1672 Avocet Lane- His bedroom is 30 yards from the deck. The renters aren't quiet. He can't sleep with windows open all summer long. The longterm renters partied every night. He doesn't want to move. Jacob Swan, 1672 Bluebird -The owner is great and he has nothing against him. However, the previous comments were true. Parking is horrible. He has to back his lawn care trailer into his driveway and it's hard to navigate. This is not an ideal area. People are in and out. They check in and then leave to go to the store. Car doors are slamming all the time. Sometimes people check in at 11 pm. It's loud. It's a small street; there are only six houses. Goode asks for questions. Wacker asked about the packet materials. She wonders why or how the 2012 date was selected. She also wondered if the date was specified as the owner said there was no date outlined in the letter he received. Smith said the packets that were sent to the owners of short term rentals looking to establish legal non -conforming status had January 1, 2013 through the end of 2018. The most important thing is you had to be running as a short term rental when the prohibition went into place. This property wasn't running as a short term. The look back period was over and above what was required. That was to allow consideration to the operators in the event there as a remodel or if family issues had stopped the short-term use. The look back period was not required. The City was trying to be fair. It was a broad -based approach. This property wasn't being operated on the prohibition date. It was long term. Trapp brought up the original letter. Trapp stated that there is no date outlined, however it stated that if a property owner wanted to be considered as a short term rental they had to submit the information to the City to make a determination. The 5 year period is on the form where operators were asked to provide information on historical rentals. This owner did not submit information until recently. Baker stated he was not in favor of how short term rentals were prohibited. However, the discussion is evaluating staff's determination. He believes staff's interpretation is correct based on code. 1153 Planning Commission Minutes - Draft Rosener believes the legal points that the applicant brought up would suggest the opposite of what he was arguing. He thought it would be arbitrary for staff to bend the rules. He agreed with Baker that Staff's determination is correct. Archambault noted, from his experience as a lawyer, when the law talks about arbitrary it refers to acts that have no rational basis. Any time frame could be considered arbitrary based on the definition of the word. What the law is looking for is if a rational basis was selected. He is not unsympathetic to the applicant, but thought 5 years was generous. Archambault also noted that the equal protection argument is not valid because this owner is not similarly situated since he was not operating as a short term rental at the time of the prohibition. He believes the short term status was abandoned with the long term rentals. MOTION by Baker that the Planning Commission agrees with Staff determination regarding short term rental use at 1665 Bluebird based on the three Staff findings; seconded by Archambault. MOTION carried unanimously 1154 22415 Wilshire Boulevard Mound, MN 55364 (952) 472-0604 Staff Memorandum To: Planning Commission From: Sarah Smith, Comm. Dev. Director Date: May 2, 2023 Re: May 2, 2023 Planning Commission Regular Meeting Agenda - Item No. 3 Approval of the Agenda with any Amendments -- Additional Items Re uest L(�Approval l � �'D3 o. As provided under Agenda Item Nof the Agenda, with any Amendments), Staff respectfully recommends the2 regular meeting agenda be amended to include additional information for Item No. 5 C related to the appeals request for the property at 1665 Bluebird Lane as follows: 1. Email letter from Roland and Pauline McAllister, 1649 Bluebird Lane, received on May 1, 2023. Planning Commission member are advised that email/telephone contact information and references to 3rd parties that are not a party to the email/letter were removed. 2. Letter from Alan Dobson,1656 Bluebird Lane, received on May 1, 2023. 1155 From: (removed) Sent: Monday, May 1, 2023 11:00 AM To: Sarah Smith <sarahsmith cityofmound.com> Subject: Short term rental of 1665 Blue Bird Lane ... Mound Minnesota 55364 Please provide the following letter to the City of Mound Planning Commision and Mound City Council To the members of City of Mound Planning Commision and Mound City Council My Name is Roland McAllister. My wife and I own the Parcel of land that borders north of 1665 Bluebird Lane. Our address on the parcel of land is 1649 Bluebird Lane and the property I.D. numbers are 13-117-24-21-0004 and 13-117-24-21-0005. The reason my wife and I oppose the short term rental of 1665 Blue Bird Lane is we do not want to be liable for any accidents that may occur on our property at 1649 Bluebird Lane. I have posted "No Trespassing" signs and there is cedar split rail fence to define our property that borders 1665 Bluebird Lane. There has been problems with his short term renters using our property for their recreational use. There has been times where (removed) have had to ask his short term renters not to trespass onto our property for their recreational use. I Do Not want (removed) to put themselves in harms way for confronting his short term renters for using our property for their own personal use. 1665 Bluebird Lane is at the end of a short and narrow dead end street There is not enough adequate parking for his short term renters and guests .... one side of the street is posted "No Parking" and there is no area to turn around at the end of Bluebird Lane My wife and I oppose the short term rental of 1665 Bluebird Lane , Mound Minnesota 55364 and we are asking the City of Mound Planning Commision and the City Council to uphold the City Code that prohibits short term rentals in a residential zoning district within the city of Mound. Sincerely Roland and Pauline McAllister Call or text (removed) to confirm that you have received this letter Thankyou! 1156 Alan J Dobson 1656 Bluebird Lane, Mound, MN 55364. Mgror Re 1665 Bluebird Lane Short-term Rental. To the Mound City Council and Planning Commission. May 1, 2023. Unfortunately, due to health issues I am unable to speak clearly in order to express my views to you on the subject matter. Therefore, I am requesting you accept this letter regarding my views on the subject property. When 1665 Bluebird Lane was sold to Ryan Bortolon I was disappointed to learn it was to become a Long-term rental home. Luckily, we had very nice people who rented the property up to December 2021. The property is actually owned by 1665 Bluebird LLC. This Limited Liability Company is now trying to change a Residential Home into a Hotel type business. We feel this should not be allowed as the home is located in the zoned Residential area off Dreamwood, and Mound does not allow short-term renting. Ryan Bortolon, told my wife last year that he was not going to rent it anymore and his relatives would be using it. That does not appear to be true. He also was quite happy renting it out Full - term for 8 plus years. What suddenly changed his mind to go to Short-term renting, could it be Money? He doesn't appear to care about the possibility that he will be reducing the property value of all the surrounding homes. The Home 1665 Bluebird Ln. has a very small garage and hard (vitally impossible) for people to park two full-size cars in it. Therefore, they park on the street. Being a dead-end street with parking on one side only, and also it is very narrow, this creates many problems for delivers or emergency vehicles. Please, please, uphold the rulings that the City of Mound has on its book's. Both Residential zoned area and short-term rental. Sincerely Zobson Alan J. 1157 MEH 3iK PLANNING REPORT TO: Planning Commission FROM: Sarah Smith, Community Development Director; Rita Trapp, Planning Consultant DATE: April 26, 2023 SUBJECT: Appeal Request- Board of Adjustment and Appeals LOCATION: 1665 Bluebird Lane OWNER: Ryan Bortolan CASE NO: 23-09 COMPREHENSIVE PLAN: Low Density Residential ZONING: R-1A Single Family Residential SUMMARY As provided by City Code Sec. 129-32, the Planning Commission will consider an appeal request submitted on April 10, 2023 by Ryan Bortolon, owner of the property at 1665 Bluebird Lane, received on April 10, 2022, who is appealing the Community Development Director's determination provided by letter to the owner on February 15, 2023 that the property does not have lawful, non conforming status for short-term home rental use. Copies of the owner's appeal request and the Cites determination letter dated February 15, 2023 have been included as attachments to the Planning Report. PROCESS City Code Sec. 129-32 includes the regulations related to Appeals to the Board of Adjustment and Appeals. The excerpts are provided below: Sec 139-32. Appeals to the board of adjustment and appeals. (at The board of appeals and adfustmems such be the City Council. The Planning Commission such hear and advise the City Council of its findings and determinations. (b) The board of adfustment and appeals such act upon all questions os they may arise in the administration of this chapter, including the interpretation of zoning maps, and it such hear and decide appeals from and review any order, requirement, decision, or determination made by on administrative official charged with enforcing the chapter Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of o town, municipality, county or state. 1158 (c) The conditions for the issuance of a variance are as indicated in section 129-39. No use variances (a use different from that permitted in the district) shall be issued by the board of adjustment and appeals. (d) Hearings of the board of adjustment and appeals shall be held within such time and upon such notice to interested parties as is provided in its adopted rules for the transaction of its business. The board shall, within a reasonable time, make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney. (e) The board of adjustment and appeals may reverse or affirm wholly or partly or modify the order, requirement, decision, or determination as in its opinion ought to be made to the premises and to that end shall have all the powers of the officer from whom the appeal was taken 60-DAY TIMELINE Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to approve or deny the land use request unless an extension is executed by the City in accordance with state law. Minnesota Statutes Section 645.15 sets forth the procedures for determining "Day 1" for application of the 60-day rule for land use applications in accordance with Minnesota Statutes Section 15.99 and was determined to be April 11, 2023. NOTIFICATION Property owners within 350 feet of the property, per Hennepin County tax records, were mailed an informational letter on Wed., April 26, 2023 informing them of the appeal request and the Planning Commission review of the appeal at their May 2, 2023 meeting. BACKGROUND On July 24, 2018, Mound City Council adopted Ordinance No. 03-2018 prohibiting short-term rentals within the City of Mound starting on August 5, 2018. As a result of the ordinance adopted, no person shall offer a dwelling unit, or any other portion of their property, for short- term rental if it is in a residential zoning district within the City. City Code, in accordance with Minnesota Statutes Section 462.357, provides in Section 129- 35(b) the ability for a property owner to use a property for a use prohibited by City Code if that use was lawfully in existence at the time the prohibition was established. In addition, to continue the nonconforming use it must not be discontinued for a period of more than one year. Following the City's adoption of the new regulations, an informational letter and forms were prepared and sent out to owners/operators of short-term home rentals for evaluation of lawful, nonconforming short-term rental activities who had made themselves known to the City. Property owners desiring to continue their short-term rental activities were required to complete and return the forms to the City. 1159 The City determination process evaluated any short-term rental activities that took place between 2013 and August 5, 2018. The City also considered short-term rental activity that may have taken place through the end of 2018 that had been booked prior to August 5, 2018. When rental information was provided for multiple years, the year with the highest annual rental days was used. ATTORNEY REVIEW The appeals request contains a number of legal questions related to the lawful, nonconforming use status of the property. A memorandum from City Attorney Scott Landsman related to the submitted appeals request has been included as an attachment to the Planning Report. STAFF DETERMINATION The Community Development Director's determination is that the home and property at 1665 Bluebird Lane does not have lawful, nonconforming status for short-term home rental use based on the following findings: 1. The property was not in use as a short-term home rental at the time of the August 5, 2018 prohibition. 2. The property was not in use as a short-term home rental during the 2013 to 2018 rental look back period. 3. Any ability of the property to be used for short-term home rental was abandoned due to the use of the property as a long-term home rental between 2016 and 2021 as shown by City utility billing records. REQUESTED ACTION The Planning Commission is requested to review the appeal request for the property and make a recommendation to the City Council regarding Staff's determination that the property does not have lawful, nonconforming status for short term home rental use. The recommendation should include findings that explain the recommendation. CITY COUNCIL The City Council, acting as the Board of Appeals and Adjustment, will hear the appeal request at an upcoming meeting as provided by City Code Sec. 129-32. This consideration will include a hearing preceded by 10 days mailed notice provided to property owners within 350 feet of the property. At this time, anticipated City Council meeting date for the hearing for the appeal is Tues., May 25, 2023. 1160 MEMORANDUM DATE: April 24, 2023 TO: City Council of the City of Mound Planning Commission of the City of Mound FROM: City Attorney Scott Landsman RE: 1665 Bluebird Lane ("Property") I am in receipt of the Property owner's appeal statement dated April 3, 2023 to the City Council and the Planning Commission ("Appeal Statement"). Two arguments are presented in the Appeal Statement. The first is that the decision by City staff denying to designate short-term rental usage on the Property a legal non -conforming use is arbitrary and capricious. The second is that the decision by City staff denying to designate short-term rental usage on the Property a legal non -conforming use violates Equal Protection. Arbitrary and Capricious Argument The Property owner's arbitrary and capricious argument rests on bald assertions that the dates for the look back determination of short-term rental usage are arbitrary. However, the type of regulation and criteria established has a rational basis in line with Dean v. City of Winona, 843 N.W.2d 249 (Minn. Ct. App. 2014) and other applicable cases. Equal Protection Argument The Property owner argues that the determination that the Property is not a non -conforming legal use is violative of Equal Protection. The assertion is that properties similar to the Property were allowed legal non -conforming status and that the disparity in not granting legal non -conforming status is discrimination. However, in this instance under Dean there is no violation as all similar properties are subject to the same criteria. An unequal result is not an Equal Protection violation. Overall Review In my review of the file regarding the criteria and its application, considering Dean and other current applicable cases, the criteria and its application are proper. Hoff Barry, P.A. 1100 Prairie Center Drive, Suite 200 I Eden Prairie, Minnesota 55344 I hoffbarry.com 1952.746.2700 1161 April 3rd, 2023 To the Mound City Council and Planning Commission: I wish to appeal the City of Mound's decision to deny my home, 1665 Bluebird Lane, non- conforming status based on the following reasons: 1. The decision of the City of Mound to deny my request to have 1665 Bluebird Lane designated as a non -conforming property was based on an arbitrarily created time frame by the city's staff and not based on any precedence, prior statutes or case law. Fact: Referring to the letter to me dated February 121' 2023, the sole reason for denying non- conforming status to 1665 Bluebird Lane is because I did not show the property being used as a short term rental from the dates January 1" 2013 —January 1" 2018. Fact: In the letter dated August 201', 2018, sent by the city of Mound to prior short term rental owners detailing the new ordinance, states: "City Code Section 129-35(b) provides the ability for a property owner to lawfully use a property for a use prohibited by the code if that use was lawfully in existence prior to the effective date of an ordinance prohibiting the use. Such a lawful pre-existing use, called a nonconforming use, may continue at the size and manner existing prior to the prohibition, but it may not be expanded, enlarged, or intensified." In this letter there is no mention of a time frame which the owner needed to have rented the home short term only that it was "lawfully in existence prior to the effective date". The city subsequently made the decision to only look at short term rental data from January 1" 2013 to January 1`2018. Case law (Dean vs City of Winona) has addressed the issue of arbitrary decisions by local city governments in limiting real estate rentals in a residential setting and have recognized that "due process requires that the statute not be arbitrary or capricious; State v. Behl, 564 N.W.2d 560, 567 (Minn.1997)." The decision to deny the property at 1665 Bluebird Lane based simply because it was not used as a short term rental during those dates is unlawful because those dates are "arbitrary". In other word if the city had arbitrarily chosen to look at short term rentals from June 1" 2012 (only 6 months prior) vs January 12013 then the property would have met the city's criteria for non -conforming status based on the letter sent to me February 121' 2023. 2. Both as a private homeowner and a business entity I am protected from discriminatory decisions from the city that have no founding basis. 1162 Fact: A quick Airbnb and VRBO search will show that at least 15 single family homes in Mound engage in the short term rental business. The property at 1665 Bluebird Lane is the same in every fundamental way: Location, size, single family home status located in a residential neighborhood. Presuming the city granted all these properties non -conforming status, what grounds does it have to discriminate against 1665 Bluebird Lane? Again, case law addresses this issue of equal protections guaranteed under the state constitution. Dean and other referred to decisions state the following: McCannel, 301 N.W 2d at 916 (stating that "the equal protection clause provides protection against arbitrary259 6 Dean v. City of Winona 843 N.W.2d 249 (Minn. Ct. App. 2014) discrimination resulting from the express terms of a statute as well as from a statute's improper execution"); State v. Stewart, 529 N.W 2d 493, 497 (Minn.App.1995) (holding that an ordinance violated due process and equal protection rights based on the city's arbitrary application and enforcement of the ordinance). An equal -protection challenge requires an initial showing that "similarly situated persons have been treated differently." State v. Cox, 798 N.W2d 517, 521 (Minn.2011) (quotation omitted). In determining whether two groups are similarly situated, the focus is on "whether they are alike in all relevant respects." In my case it is very clear that my ownership of 1665 Bluebird Lane makes me "similarly situated" to all the other single family homeowners whose properties have been granted non- conforming status and that our properties are fundamentally "alike in all relevant respects". Finally, because of the city's "arbitrary application and enforcement of the ordinance" (see point one) the city is violating my due process and equal protection rights. In other words, the city of Mound cannot deny my property non -conforming status while granting it to other similar property owners in Mound. Based on these arguments I feel the city of Mound has no other choice than to grant non -conforming status to 1665 Bluebird Lane. Respectfully, Ryan Bortolon 1163 r 17Y QF AA�LiNI:? _ 2415 Wilshire Boulevard, Mound, MN 55364 February 15, 2023 By US Mail and Email 1665 Bluebird LLC Ryan Bortolon 16200 Pine Street Minnetonka, MN 55345 RE: City of Mound Short Term Home Rental Regulations — Property at 1665 Bluebird Lane Dear Ryan, This letter is in regard to the possible use of the property at 1665 Bluebird Lane (the "Property") in Mound as a short term home rental. As you are aware, the Mound City Council, in August 2018, adopted regulations that prohibited the use of homes in the residential districts for short term home rentals. Please see previous communications for greater detail. City Code and State Statutes provide that a use that exists at the time of a prohibition can continue as a legal, nonconforming use at the same intensity as long as the use is not discontinued for more than one year. In 2018, the City underwent a process to determine what properties had existing short term home rentals that would be, pursuant to City Code and State Statutes, allowed to continue and the maximum number of allowable days for the use. Properties in the determination process included those that had been identified by the City because of their active rentals in 2018 and those who requested to be included in the process because of short term home rental use prior to 2018. The 2019 determination process considered up to three consecutive years of rentals within a six -year period between January 1, 2013 and December 31, 2018. When rental information was provided for multiple years, the year with the highest annual rental days was used to establish the maximum number of rental days allowed. The City was provided information and materials on December 20, 2022 and January 24, 2023 regarding the Property, which has been evaluated by the City based on City Code Sections 129-35 and 129-330, Ordinance No. 03-2018, and the process that was established to determine short term home rentals for properties which had existing short term home rental use at the time the ordinance prohibiting short term home rental was adopted. After reviewing the provided materials and information, it has been determined that the Property does not have legal, nonconforming use status for short term home rentals as the Property was not used for a short term home rentals between the established evaluation period of January 1, 2013 and December 31, 2018. City Code Sections 129-31 and 129-32 provide for an appeal to the City Council of this administrative decision. This appeal must be in writing and does require an application fee and escrow to cover Staff time in preparing materials for Planning Commission and City Council consideration. 1164 February 15, 2023 1665 Bluebird LLC Ryan Bortolon Page 2 If you have any questions about this determination or next steps, you may contact me by telephone (952-472-0604) or by email at sarahsmith@cityofmound.com. Sincerely Sarah Smith Community Development Director 1165 nAAL Evaluation Form for Determination of Extent of Nonconforming Use of Property for Short -Term Rental DEC 2 0 2022 On July 24, 2018, Mound City Council adopted Ordinance #03-2018 prohibiting short-term rentals within the City of Mound. This new ordinance became effective on August 5, 2018. Short-term renta I is defined as any temporary occupancy of a dwelling unit that is offered for rent for fewer than 30 consecutive days. City Code Section 129-35 (b) provides that any use lawfully existing prior to its prohibition may be continued at the size and manner existing prior to its prohibition. Property owners interested in continuing their nonconforming short-term rental shall provide the information requested below, as well as documentation of the short-term rental stays, to the City so a determinati6h of the extent of the short-term rental on the property can be determined. Address of Short -Term Rental Property 131ye 41rj %4,y61VL Property Owner Name W y-ee 4A—C� Property Owner Address (1Q r? f+ © i rLi•Er, i , Jwim? f &Iksa' iai,, S f� Property Owner Phone Property Owner Email If a rental manager is being used for the property, when was one first used? Ak Rental Manager Name � '� rL 011 $' Rental Manager Phone _ ►a �_��}9� 3� Rental Manager Email -,'j`r► lys, 30yV if Ima, Short term rental type Hosted 'jr Non -Hosted f �! Is this property being used exclusively for short term rental? Yes No Total number of bedrooms in dwelling Number of bedrooms used for rental Does this property have a private dock that is provided as part of rentals? X Yes No If yes, how many slips are allowed for the rental? —f --� for4 of re4,d PricC e, How has the rental been marketed? __,X Airbnb Craigs List Homestay XVRBO Other(s), please list Do you have other licenses to conduct this use? Yes Z No If yes, please list licenses Do you have any confirmed bookings through December 31, 2018? X Yes No If yes, how many bookings? %10-'I --Flow many total days? 4-1—,Pleose provide documentation of these Please use the table on the next page to document the short-term rentals on the property. Rentals listed must be accompanied with documentation such as receipts, bookings, etc. 1166 Evaluation Form for Determination of Extent of l /�►1 Nonconforming Use of Property for Short -Term Rental CITY For determining the extent of short-term rental for a property the City of Mound will evaluate up to 3 consecutive years of rental information starting from January 1, 2013. All rental stays listed below must be accompanied by documentation in the form of rental receipts, booking information, etc. Please also provide information on upcoming bookings through December 315t of 2018. Additional tables may be attached as needed. r r Short term rental Property Address: �� ! S 8 ve- 1"h Check in Date Rental Days Number of Renters Verification (City Use Only) °f Jr-', 'J Ll '9A/ S U f17 Please attach any additional information that you feel may help demonstrate the scope of rental occurring on this property. 1167 0 0 n� � r m�on� 'q i rnmDm� `c W cn W W Acn N_ W O i5 E 0 CD Q i5 W r n 0 r v ,j7 _ m N 1 n t 1168 CITY OF MOUND — CITY MANAGER 2415 Wilshire Blvd Mound, MN 55364 TO: Honorable Mayor and City Council FROM: Eric Hoversten, City Manager and Director of Public Works DATE: May 22, 2023 SUBJECT: AIS Ambassador Project, Surfside Launch, Mound LOCATION: Surfside Launch REQUEST: Approve Ambassador Program Consent to Enter and Waiver of Trespass Agreement BACKGROUND: Hennepin County launched an AIS ambassador pilot program in 2022 and awarded contracts to Waterfront Restoration of Long Lake to staff the program, collect data, and provide summary analysis of the program, trends, and effectiveness. Waterfront Restoration has been awarded a similar contract to continue this work at various Hennepin County locations in 2023 including a repeat inclusion of the Surfside Launch. The intent is to provide an educational resource at key launch locations during high use periods who will also do user -behavior data collection to guide future education and policy activities at the County and State level. A synopsis report of activities and findings for 2022 work and its extension into the 2023 boating season is attached. This report highlights particularly interesting data about the Surfside launch that makes its inclusion in 2023 activities highly desirable to Hennepin County. A 2023 Consent to Enter and Waiver of Trespass between the City and the Hennepin County vendor (Waterfront Restoration) similar to the document used last year is attached for Council review and consideration. Waterfront Restoration will be required to provide a certificate of Insurance naming the City as "Additionally Insured" for these activities which may take place in the Park area alongside the launch depending on de - confliction with launch activities. RECOMMENDATION: Approve 2023 Consent to Enter and Waiver of Trespass for 2023 AIS Ambassador Program activities at Surfside Park/Launch CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT THIS CONSENT TO ENTER AND WAVIER OF TRESPASS AGREEMENT ("Agreement"), is entered into this day of 2023 ("Effective Date") by and between Waterfront Restoration, LLC, a Minnesota limited liability company, ("Licensee") and the City of Mound, a Minnesota municipal corporation ("City"; Licensee and City collectively "Parties" and sometimes individually a "Party"). WHEREAS, City is fee owner of that property located at 5801 Bartlett Blvd Mound, MN 55364, Property Identification No. 23-117-24-14-0024, commonly known as Sun`side Launch ("Property"); and WHEREAS, Hennepin County launched an AIS ambassador pilot program and Licensee has been awarded a contract with Hennepin County at various locations, including the Property, to staff the program, collect data, and provide summary analysis, trends, and effectiveness; and WHEREAS, Licensee desires to enter the Property for work and activities directly related to AIS Ambassador Program Summary— 2023 Season attached hereto as Exhibit 1 ("Program"). NOW, THEREFORE, the Parties agree as follows: 1. The above Recitals and attached exhibits are a material part of this Agreement and are incorporated herein and made a part thereof. 2. City hereby consent to allowing the Licensee and its duly authorized agents, employees, contractors, and invitees, the right to enter upon the Property for the sole purpose of the Project, subject to the terms and conditions herein ("License"). The License shall be non-exclusive and Licensee's use of the License under this Agreement shall not unreasonably interfere with the City and the general public's use thereof. 3. The City expressly waives any claims of trespass and compensation which they may otherwise have as a result of Licensee's use of the Property pursuant to this Agreement. 4. This Agreement shall be effective upon the Effective Date and shall terminate on, the later of, September 04, 2023 or upon completion of the work for the Project; provided, however, the City may terminate this Agreement at any time, with or without cause. 5. Licensee agrees to, and shall, indemnify, defend and hold City harmless from and against any and all claims for property damage or personal injuries, including reasonable attorneys' fees, arising in connection with or in any way related to Licensee's or Licensee's agents, contractors, sub -contractors, consultants, licensees, lessees, guests, volunteers, and/or invitees exercise of its rights or obligations under this Agreement; provided, however, the foregoing indemnification obligation of Licensee shall not apply to any claims to the extent arising from any acts or omission of City or any of City's agents, contractors, sub -contractors, consultants, licensees, lessees, guests, and/or invitees. This Paragraph shall survive termination of this Agreement. 6. Licensee shall maintain, until termination of this Agreement, liability insurance providing comprehensive, general liability, and property damage coverage in minimum amounts of $1,500,000.00 per occurrence. City shall be named additional insureds. City shall be provided 30 days' notice of cancellation (10 days' notice for non-payment cancellation). The City shall be presented with a copy of said insurance prior to Licensee's entrance onto the Property. This Agreement and any other documents incorporated herein by reference constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any alteration, modification or variation of this Agreement shall be reduced to writing as an amendment by the Parties. Time is of the essence in the performance of the terms and obligations of this Agreement. This Agreement is for the sole benefit of the Parties and their respective successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the Effective Date. WATERFRONT RESTORATION. LLC CITY OF MOUND 0 0 Jason R. Holt, Mayor Dated: Dated: so Eric Hoversten, City Manager Dated: EXHIBIT 1 NSAnbasaaor Program Summai Seizom This named will W iN upon the observances and findings lmmibe W22 generated Restoration Nnndssadarreper[ Mloi/NT N/Ambassabar 2022 Report Wi1hthe dRmme of increased zest-irspection b/ Matrs-ufm someone is not present a Me access, increased! hours of the ambassaaoreduration pagan at tM lake Minnetonka Suffame bunch as well as what prams quiche on MI enmurzges some healers to sell Instinct and discourages others. This pmjM will again orders the GNR AS ambassador p`cgam by 6UCATING and TEACHING boale¢ In addition m the education with the boater eaucadan is a so moiaea to Me Waters family and friends that maybe with them. This eduction gml is to eauafe on performing a di f-ArmeNcn of rwatemrak every time, to preventtle spread of sMa muses; snails, sfarrysfwmvrL spirrywaferflm; mbar standing water, and p andfro mendsthat War be atdda ! before damping and xrm krving a lake. TM uNmate objective is thathmugh Nis eauatim/helpfM bmterwill pc this sell guardsman when m one is present to watdyMp them. The ambassador kin Shaped them in conservation rather then approaching them as a walmmaft inspector. Aso, ra ftn asking an estiora as a waMcaft inspector (such as the last take you were at or what lake are you going to WAr ambacraaohs wit engage in dialogue for activity 1, similai that of a teacher, while still be3irg observable Watxtletails. TM PejM will be a¢wnplishd art irspection educator natenals AS prevention - Clean, Drain Dry, - messyirg,training through tM oNR ambassador program, and utilizing the ambassador program during the easy part of the Wafing season, wfiere it is dawn Mat AIS riola0m rates are the highest The ambassadors will also pmviae aetailea education and hasp to make it cosy, he lecaffers to properly operate the warn ess chmring 4ffiors (CG3) in Me future eauate them on laurch signage, and provide Nero with Information on how May an Wm mare and become mare hundred via Me Henepin County Take Netlge AM. Project activities and ou comes 1. Create best paNces analytical guide W poritle W other munches in Me more aboard Tow Nry an improve AtncpecWn rat es at their tauraces z hit low the ambassador program at Sui launch, sµcifiaIN chosen by the my of Mound in 2022, to prowle further eauaticn in 2023 to decrease station ratez 3. Increase year -over -year Water participation in 'sell inspMion' education antl public erga3enml who Waters tamilies/bimds. At aNMies and details will be implemented by represented Reduction and maairatetl verb Tony Brougb. TM amvtns win m at Hennepin Counry condors that coo our have bad tional waternatt inspectors. Waterford Reduction will start 324 ambassador Won beNreen Marc 271^tbugh Augiut 11 at Weaver rake, Point Pak Mississippi River launch, and Long lake. At the Su Hide Laundt Waterhoa Restoration it staff200 ambassador hours between May 2N'and August 5rit There are some rases where some shifts or portions of shifts will not W covered due to mexpMM illness/absence orindement weather. Them shifts will be rmllocicd to different aaygsbats tbmigboutMe wardown an that Mal season coverage hours meet the 532 toll hours This nay require a minority of sbiRs to move to vmckaa¢ or extatl bryona the anti codes! end cafe. As aetai ed below, one othhe aNvities is new for Hennepin County. Take of Me activities are an erparsion from 2022. NI aNaters love a targeted "come to aangethe bzhaviorof Waters now and into the Tmure. Waterfront Restoration a OWeaed and recmrtmaR methods acouragea]vcesparrg uMenepresenRtl resin apgr and will be coastal to the aenographic ¢ngosition dour ambassador Ram. This project win emplga-s ambassadors. Artivity 1(New f rr N220-CollM infomaticn rttwa &the high self-insperpon launches as well as A war &the lox self -inspection Any launches from 2022,to am" why self inspection rates are so highor so lox M diMent HUMes aid produce this analysis into a'thert powderer guise. Weaver take and to Pout Park Mississippi Rivervxre high At-impre0on rate HuMes in 2022, and tong Take aid Suffice were low At-irspection ride Hurtles M tMse ambassadors are rrow of a Racer Mile interachi rg with the boater, in 2(1 the ambassador wi II gather intimation from the bmRr as to what ermurages wtliManages them form At-irsp board. For example, is it repeatable behaviors, eauafion based cn AS border,, workers Mutation prefers, lake gMge participation access design, residents lake involvement type of walercrzfl, Me? Anticipated outmrre: Based on those respwrces, wx will create a'aact producesguide that an be used A both, leun&,,,M munti rake A s,ciutiom, and Wererchea CaMilhc The foie, vdl,Mine ectirNe. tla[aeate bratersto have a high self -inspection rate and alsofmm Waters with a Hwseff inspection Any what arms them from sell ;groom ig. Ultimately this will Mp directed, Mum &the program Artivity21(iapansionfic M24-1one amWssadarhoum&Surfsiaetaur mtake Mimetonka to improre sell inspection rates and damage violation rags In worry, the Surkide IauM on take Mirdecai had high molrtion rates and me of due IoxestseH- inspe lion rde &all the launches Waterhart Restoration Wtl arnbaswdors at It was also the busiest too red interns of interactions; per bmr. PE]rtimalN, n%of all dram pwg violations occurred at this recall M rate &Thai ambers boll noted from 21122:'Surface is by far the hai site to work at. Many pule mulan tare less aW& imaive species and were in an incredible msb to get on aid off the water. The fisMnm hem were due Wrt Waters in tmrs of law - and ng aid AS awareness, Man le the jft-skis and wake bi Anne not aware of the laws or sal emironrrmtal pracia Tin activity for 2023 would provide the amWssadan pm]ram Inrtatl of the 153 Wagon Iwurs in 2022; we wool it look to increase that to around 208 total season hours. The ultimate goal is not just to make sore the boaters are compliant on the day we Muate them b& to make sure they are mounted, so they are complaint Men we are not amuM. ThereMe, it is radial at that wz 1. Show the bmRrs him to irspM their Wets themselves aid show them whereto lack at every shape 2 Explain wiry inspetions are ortial to find mussels and other A S Wewill continue to IN vidMon roes aid sellmpzdied rates. Phase take a Ink AaduvTy t aid 3 o&came objectives and reporting for page dark Is on what would be composed at Ibis Strmake tcatim Adi ty3(Faipansion Fom M24- Continuation of Me SeH-inspMion ambassador prcyramfor Waters at tM tour launches to continue education brands and boaters family and friends that may real with then. CFeof the mortcmtlaltrrtls in vary wastbe Increase in boatercomphance and awarenessas Meseaden progreaaed. mditionally. the sbeerm,mberof boners engaging In conversation:, eking o pamphlHpaneaut and reading rratenal from the education table. In 2022, the total cumber of Water imerzRions was zCupf however, husband had an average of 3.2 people w hthem,bongingb toGlr agem twithanamWssadorto6,W3educationalintxadionsacross kids, family, MrNs, etc The impact of parts a rgagement acd etlucation was widespread Onffie vidations re addressed and eecmtaminated, and counters more tenure infesatiwrc were naturally awned through this eduaticn This is concert than the typical insµction programs This is a fantartic turq we defended! over 61 people. What happens with the ambassador program is an entrefytlifferent interaction than wiata watercraft inpetlar does Each consecrator is dill to that boatertsk its rMl urt an interaction of charging thes r bent and ash rg where they fares been and where they are going, it is, a conversation, a lead of education spetlfic to their use and thzir dill and! Mme Mat a re with tham. The carcome would continue to be measured by tracking prow crack Wafers tack part in three walk - rwM selfnspMion with Me ambassador, how many reNsl and the details noted in man sty 1. wuW alto like to analyse To ri9 there is a m,cwtion, did They seH-insp naMjuY miss mething- thenwejusire W=inaMedurat mMl andwparatetl wbm minan amil iishwn Meboatem MatarejustnotemndungaAf-irnpectronandtl'enhaveaviolation This information will again W presented in a year-end reptant Cartmuingm prul these ambassadors throughout The cvurrty, could significantly impact on further impol another of BIS prevention behaviors. O & MENK Real People. Real Solutions. May 18, 2023 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2345 Commerce Boulevard Sidewalk Evaluation Dear Mr. Hoversten: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph:[9521448-8838 Fax:[9521448-8805 Bolton-Menk.com A request was received to evaluate the sidewalk near 2345 Commerce Boulevard. We have reviewed this request and are recommending the following: • Replace slabs removed to accommodate water service fix • Diamond grind clean vertical deflection (toe kick) slabs that exceed ADA tolerance of one quarter inch In keeping with the policy we have established, factors considered include: • Full concrete replacement when: o Slabs with extensive uncontrolled cracking o Disturbance for underground work o Non -conforming pedestrian ramps o Excessive heaving that cannot be modified with diamond grinding o Running slopes that exceed ADA tolerances for a pedestrian access route o Cross slopes beyond 2% for the pedestrian access route • Only a four -foot width is required for pedestrian access route • Allowable running slopes vary depending on the location and function of the walk • Diamond grinding when: o Vertical deflections between slabs exceed ADA tolerances • No immediate work recommended for: o Single/few tight cracks without vertical deflections o Work planned within the area in the next few years where deficiencies can be corrected via more cost-effective bid prices o Additional potential movement possible or consideration in scope of nearby projects and cost sharing partnerships H. AMOONVOCl l29S36\1 CorresVC To Others\2023-OS-18_Ltr Commerce Sidewalk 9val.docx Bolton & Menk is an Name: City of Mound Date: May 18, 2023 Page: 2 SafeStep is planned to come out for annual edge grinding assessment within the next few weeks, including the subject area. Pending the outcome of their assessment, we will review and modify the recommendations above if necessary. I will be present at the May 23rd council meeting to answer any questions you may have. Sincerely, Bolton & Menk, Inc. o_ � ii0 .i E Matthew S. Bauman, P.E. Assistant City Engineer H. AMOONVOCl l29S36\1 CorresVC To Others\2023-OS-18_Ltr Commerce Sidewalk 9val.docx Bolton & Menk is an May 18, 2023 To: Mayor & Council Members From: Eric Hoversten, City Manager/Public Works Director Re: Authorization to purchase Elgin Pelican Street Sweeper The City of Mound established capital reserve funds in 2018 with the objective to build reserves steadily over time in order to reduce the volatility typically associated with one-time major capital expenditures and the City's reliance on debt. Fund 403 Capital Reserve Fund — Vehicles & Equipment currently has a fund balance of $797,560. It should be noted there was no additional funding in the 2023 approved budget and levy for this fund in order to offset the City's loss in Local Government Aid. Attached is the most current version of the Public Works vehicle replacement plan. With recent inflation, the estimated replacement costs need to be updated. While our replacement plan assumptions include replacing heavy duty trucks every 10 years and heavy duty specialty equipment like mowers and sweepers every 15 years, replacements have been deferred when equipment is still operable in order to allow the City to build the reserves and manage increases to the property tax levy. Deferred maintenance and replacement obviously increases risk of total failure and/or little to no residual trade-in value, which is what has happened in the case of the 2005 Elgin Pelican Street Sweeper. The City's 2005 Elgin Pelican Street Sweeper is non -operable and the $50K estimate to refurbish to working condition is not justifiable as the unit is beyond its useful life. It was actually a refurbished 1997 unit when the City purchased it in 2005. Per City Policy FIN-003: Procurement Policy, if a cooperative purchasing agreement is in place, quotations are not required, but the agreement being used should be documented. McQueen Equipment provided a quote for a new Elgin Pelican Street Sweeper per MN State Contract 190619 Release S-943(5) as well as quotes for two (2) used sweepers, which are also attached. Similar to recent recommendations involving the purchase of new fire apparatus, new equipment comes with a better (longer and deeper) warranty and a lower cost profile over the lifecycle of ownership, which is important especially when the City has a history of keeping major equipment well beyond its useful life in response to cost pressures and competing demands like infrastructure investments (streets/utilities) and new buildings (fire). Street sweeping is an essential service valued by our community and essential to the City's storm water management plan. Because of the seasonal nature of when the equipment is needed, particularly in the spring and fall, but also over the summer during storm clean-up, renting the equipment or outsourcing the task are not viable options. The City always evaluates those options before committing to ownership and in-house labor. For example, we rent Bobcat attachments and track mini -excavators for adhoc, project -specific work, and we outsource sewer televising as that is cheaper over time than owning or maintaining similar; and allows our utility maintenance workers to focus on other priorities. Staff recommends the Council approve the Resolution Authorizing Purchase of a New Street Sweeper. Please let me know if you have questions at erichoverstenAcityofmound.com or via phone at (952)472-0609. 1171 Vehicle Replacement Plan - Public Works - 2022 Unit # Dept Year Make Model Replace Cost 2021 2022 2023 2024 2026 2026 2027 2028 219 Parks 2019 Ford F550 Multi Dump 65,000 319 Parks 2019 Ford F550 One Ton Dump 65,000 217 Parks 2017 Ford F350 Pickup 42,000 42,000 415 Parks 2015 Ford F150 Pickup 35,000 35,000 416 Parks 2016 Ford F350 4x4 42,000 42,000 105 Sewer 2005 Ford E350 (Camera Van) 52,000 52,000 214 Sewer 2014 Freightliner SD114 JetVac 345,000 1604 Sewer 2004 Sterling Acterra Dump Trk 155,000 155,000 217 Sewer 2017 Ford F 450 Sewer Service trk 90,000 90,000 Freightliner 108SD Dump Truck 312 Street 2012 w/Plow, Wing, and Sander 180,000 Freightliner 108SD Dump Truck 313 Street 2013 w/Plow, Wing, and Sander 180,000 Freightliner 108SD Dump Truck 412 Street 2012 w/Plow, Wing, and Sander 180,000 Freightliner 108SD Dump Truck 314 Street 2014 w/Plow, Wing, and Sander 180,000 504 Street 2004 Ford F550 w/Aerial Lift 175,000 175,000 Place holder - soom boom vs chasis refurb 218 Street 2018 Ford F550 One Ton Dump 94,000 94,000 318 Street 2018 Ford F550 One Ton Dump 94,000 94,000 515 Street 2015 Ford F550 One Ton Dump 95,000 95,000 512 Street 2013 Ford F-350 Pick-up 45,000 45,000 109 Street 2009 Ford F450 Street Service Truck 85,000 119 Water 2019 Ford F-150 Pick-up 40,000 316 Water 2016 Ford F-150 Pick-up 45,000 45,000 1172 Vehicle Replacement Plan - Public Works - 2022 Cost 2021 315 Water 2015 Ford F-150 Pick-up 45,000 Tymco 600 Street Sweeper OR Streets 2004/17 (Refurbished 2017) 250,000 OR Streets 2005 Elgin Pelican Street Sweeper 240,000 OR Streets 2001 Cat smooth drum roller 80,000 ME Streets 2016 Crosswalk painter w/trailer 9,000 ME Streets 2006 Tenant M6650 Power Sweeper 25,000 OR Parks 2011 Bobcat T190 Track Loader 60,000 60,000 ME Parks 2020 Vermeer Brush Chipper 45,000 OR Parks 2006 John Deere Loader 225,000 OR Parks 2004 John Deere series 1565 mower 70,000 OR Parks 1997 John Deere 55HP Flale Mower 75,000 OR Parks 2013 Toro Groundmaster 4000D Mower 58,000 OR Parks 2019 Toro Zero Turn Mower w/bagger 16,000 OR Parks 2019 Toro Stand -on Mower 8,000 OR Parks 2019 Toro Stand -on Mower 8,000 OR Parks 2005 John Deere Gator 40,000 OR Streets 2017 Asphalt Hot Box 38,000 OR Streets 2019 Bobcat S-650 Skid Loader 48,000 OR Parks 2019 Avant Series 530 Loader 38,000 OR Streets 2016 Bobcat - Toolcat 55,000 2022 2023 2024 2026 2026 2027 2028 45,000 Ie :1 11t 9,000 25,000 I= 55,000 OR = Off Road TOTAL 3,717,000 105,000 52,000 32,000 350,000 138,000 327,000 326,000 316,000 ME = Mobile Equip 1173 MACQUEEN \f%p EQUIPMENT 2017 Elgin Pelican NP STOCK #: C042627 Features: SERIAL #NP41240 ENGINE: JOHN DEERE 4045 74HP V HOURS:4,900 d MILES:25,750 DUAL GUTTER BROOM HEATED/MOTORIZED MIRRORS V DUAL ROOF LIGHT WITH GUARD 91 fir' V REAR FLOOD LIGHT V 220 GALLON WATER TANK V RH & LH GUTTER BROOM TILT V DUAL LIMB GUARDS V HYDRAULIC OIL TEMP SENSOR V BACKUP CAMERA V RH & LH AIR RIDE SEAT (800)832-6417 info@macqueengroup.com LOWER ROLLER WASHOUT V REAR FLASHERS IN BATTERY COVER V RADIO WITH MAP LIGHTS V LED ARROWSTICK ON REAR V (4) ROOF MOUNTED LED FLASHERS ON CAB AUTOLUBE We serve the industries that protect our daily quality of life, offering quality products and support long after the sale. Whether it is sales, service, parts or training, we are $1 650000 here to meet your environmental and emergency equipment needs Contact Us: (800) 832-6417 1 info@macqueengroup.com 1174 MACQUEEN EQUIPMENT 2018 Elgin Pelican NP STOCK #: CO42452 dL Features: SERIAL #NP41048 ENGINE: JOHN DEERE 4045 74HP V HOURS:3,695 d MILES:14,950 DUAL GUTTER BROOMS HEATED/MOTORIZED MIRRORS DUAL ROOF LIGHT WITH GUARD REAR FLOOD LIGHT V 220 GALLON WATER TANK d RH BROOM TILT GREASABLE DIRT SHOES HYDRUALIC OIL TEMP SENSOR (800)832-6417 info@macqueengroup.com BACKUP CAMERA RH AIR RIDE SEAT V LOWER ROLLER WASHOUT d REAR FLASHERS IN BATTERY COVER RADIO WITH MAP LIGHTS V AVAILABLE:6/17/2023 We serve the industries that protect our daily quality of life, offering quality products and support long after the sale. Whether it is sales, service, parts or training, we are $1870500 here to meet your environmental and emergency equipment needs Contact Us: (800) 832-6417 1 info@macqueengroup.com 1175 CITY OF MOUND RESOLUTION NO. 23- RESOLUTION AUTHORIZING PURCHASE OF A NEW STREET SWEEPER WHEREAS, The City of Mound established capital reserve funds in 2018 with the objective to build reserves steadily over time in order to reduce the volatility typically associated with one- time major capital expenditures and the City's reliance on debt; and WHEREAS, Fund 403 Capital Reserve Fund — Vehicles & Equipment currently has a fund balance of $797,560; and WHEREAS, the City's 2005 Elgin Pelican Street Sweeper is non -operable and the estimate to refurbish to working condition exceeding $50,000 is not justifiable as the unit is beyond its useful life; and WHEREAS, McQueen Equipment provided a quote for a new Elgin Pelican Street Sweeper per the MN State Contract 190619 Release S-943(5) as well as two quotes for used sweepers; and WHEREAS, new equipment comes with a better warranty and a lower cost profile over the lifecycle of ownership; and WHEREAS, street sweeping is an essential service valued by our community and essential to the City's storm water management plan; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby authorizes the City Manager to enter into a purchase agreement with McQueen Equipment for a new Elgin Pelican Street Sweeper using funds from Fund 403 Capital Reserve Fund — Vehicles and Equipment as shown in Attachment A and made a part herein. Adopted by the City Council this 23rd day of May, 2023 Attest: Kevin Kelly, Clerk Mayor Jason R. Holt 1176 MacQueen Equipment 1125 7th Street E ATTACHMENT A PAGE 1 OF 1 MACQUEEN �A� MACQUEEN �i`� EQUIPMENT r EMERGENCY Ship To: SAME AS BELOW Invoice To: CITY OF MOUND 2415 Wilshire Blvd Mound MN 55364 St Paul, MN 55106 651-645-5726 • 800-832-6417 Branch 01 - ST PAUL MN Date Time Page 05/09/2023 13:29:41 (0) 1 Account No Phone No Est No 00 MOUND001 9524720600 �Q03024 Ship Via Purchase Order P.O. Tax ID No Salesperson KEVIN FISCHER 128 EQUIPMENT ESTIMATE - NOT AN INVOICE Description EXPIRY DATE: 06/08/2023 Amount New ELGIN PELICAN NP SINGLE BASE UNIT PRICE AS PER MN STATE CONTRACT 190619 RELEASE S-843(5) INCLUDES ALL STD OPTIONS:PRESSURIZED CAB W/A/C & HEAT INCAB AIR RESTRICTION GAUGE PREMIUM RADIATOR HOSES SERVICE MANUALS 220 GALLON POLY WATER TANK W/SIPHON BREAK JD 4045T TIER 4 FINAL ENGINE ON -SITE TRANING FOR OPERATOR'S & MECHANIC'S 2.2.0 ELGIN PELICAN NP SINNLE BASE 2.2.31 BATTERY DISCONNECT 2.2.51 LED STROBE W/WIRING & GUARD 2.2.53 FRONT LIGHT MOUNT RAIL (ONLY) 2.2.55 LED STOP, TAIL, TURN & CLR. 2.2.57 RH LIMB GUARD 2.2.59 TWO REAR FLOOD & BACKUP LIGHTS 2.2.71 LOWER ROLLER WASHOUT 2.2.81 DUAL GUTTER BROOMS 2.2.82 AM/FM RADIO W/BLUETOOTH 2.2.83 HIGH BACK AIR RIDE CLOTH SEAT 2.2.84 HEATED MOTTO MIRRORS 2.2.86 DUAL AUTO LUBESYSTEM W/GREASABLE 2.2.88 CARBIDE DIRT SHOES 2.2.89 REAR VIEW CAMERA 2.2.89.2 RH GUTTER BROOM TILT $259108 STD STD 825 STD 1600 STD STD 13790 STD 1225 1560 DIRT SHOES 9175 2.2.92 DELIVERY 34 MILES @ $5.50 PER MILE NON CONTRACT: ALL HYD. HOSES SHEATHED TOTAL 1630 STD 2088 187 4500 $295388 Subtotal: Quote Total: 295388.00 295388.00 295388.00 1177 VisitUs0n/ine www. macqueengroup. com ''MacQueen Equipmen t 40 MACQUEEN MAQEEN 1125 7th Street E EQUIPMENT EMERGENCY StPaul, MN 55106 651-645-5726 • 800-832-6417 Ship To: SAME AS BELOW Invoice To: CITY OF MOUND 2415 Wilshire Blvd Mound MN 55364 Branch 01 - ST PAUL MN Date Time Page 05/09/2023 13:29:41 (0) 2 Account No Phone No Est No 00 MOUND001 9524720600 �Q03024 Ship Via Purchase Order P.O. Tax ID No Salesperson KEVIN FISCHER 128 EQUIPMENT ESTIMATE - NOT AN INVOICE Description EXPIRY DATE: 06/08/2023 Amount QUOTED PRICES ARE BASED ON CURRENT COSTS AND THEREFORE SUBJECT TO CHANGE WITH WRITTEN NOTICE TO ACCOUNT FOR PRICING CHANGES BEYOND SELLER'S CONTROL VisitUs0n/ine 1178 www• macqueengroup. com S B&MLENK Real People. Real Solutions. May 17, 2023 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2023 Manhole Rehabilitation Project City Project No. PW-23-04 BMI Project OC1.129558 Dear Mayor and Members of the City Council: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: (952) 448-8805 Bolton-Menk.com Bids were received on May 2, 2023, for the 2023 Manhole Rehabilitation Project with the following results: 1. New Look Contracting $275,050.00 2. Pember Companies $317,865.00 3. Hydro-Klean $317,915.00 The Engineer's Estimate for this project is $194,700.00, which means that the received bids are 40% higher than the engineer's estimate. With the received bid being more than 40%over the Engineer's Estimate, the total project cost does not fit within the approved Capital Improvement Plan budget and is not financially feasible at this time. It is recommended that the construction contract for this project not be awarded. It is further recommended that the project scope be re-evaluated, appropriately modified, and that the project be re -bid. I am open to discuss the information with you and answer any questions you may have. Sincerely, Bolton & Menk, Inc. �iil7/,�.ni Matthew S. Bauman, P.E. Assistant City Engineer H. AMOONVOCl l29SS8\1 CorresVC To Others\2023-OS-19 Ltr To Council Reject 23 MH Rehab.docx Bolton & Menk is an CITY OF MOUND RESOLUTION NO. 23- RESOLUTION REJECTING BIDS FOR THE 2023 MANHOLE REHABILITATION PROJECT CITY PROJECT NO. PW-23-04 WHEREAS, pursuant to an invitation for bids for the 2023 Manhole Rehabilitation Project, bids were received on May 2, 2023, opened and tabulated according to law, with the following bids received: CONTRACTOR New Look Contracting Pember Companies Hydro-Klean TOTAL AMOUNT BID $275,050.00 $317,865.00 $317,915.00 WHEREAS, the instructions to bidders for the Project and the bid specifications explicitly provide that the City reserves the right to reject any or all bids; and WHEREAS, the apparent low bid amount of the project was $275,050.00, which is approximately 40% (percent) over the engineer's cost estimate; and WHEREAS, rejecting the three bids received from New Look Contracting, Pember Companies and Hydro-Klean is in the best interests of the City of Mound; and WHEREAS, The City of Mound reserves its right to repackage and rebid the 2023 Manhole Rehabilitation Project; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota that the bids submitted for the 2023 Manhole Rehabilitation Project be rejected and the bid bonds returned. Adopted by the City Council this 23rd day of May, 2023 Attest: Kevin Kelly, City Clerk Jason R. Holt, Mayor 1180 O & MENK Real People. Real Solutions. May 17, 2023 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: Engineering Report Downtown Paver Sidewalks Replacement —Group 3 City Project No. PW-23-08 Dear Mayor and Members of the Council: BACKGROUND 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph:[9521448-8838 Fax:[9521448-8805 Bolton-Menk.com In 2021, a report was presented to the Council on the lifespan of pavers verses other sidewalk options and the City approved replacing the pavers with concrete, including the use of colored and stamped concrete. The overall project was split into three years to spread out the costs. Phase 1 replacements were completed in 2022, phase 2 is planned for 2023 and phase 3 in 2024. At the February 14, 2023, meeting, the council authorized final design of phase 2 of the paver sidewalks replacement project. The project included coordination and cost share with Hennepin County and the plaza owner. County plan review brought up additional long-range issues to resolve that were beyond the original scope we had agreement to proceeded with. We foresee the continued dialogue to push the phase 2 project out of the typical bidding window and will result in a poor bidding climate. To effectively continue with capital improvements slated in this area, we are proposing to complete "Phase 3" paver replacement work this year and delay "Phase 2" to 2024. We will continue to work through the proposed changes with the county and restructure cooperative agreements and cost share participation pending the outcomes of those conversations. Phase 3 work will be termed Group 3 because it will be completed out of order. PROPOSED PROJECT The improvements for Group 3 are proposed centering around the parking garage off CSAH 15. A few mainline runs on CSAH 15, which are now in the worst shape of all the walks, will be replaced with colored concrete. The paver walks along Veterans Way will be replaced with standard gray concrete and include several pedestrian ramps. Replacement of additional H. AMOONVOC1130849\1 CorresVC To Others\2023-OS-1I Letter Report to Council -Paver Walks G3.docs Batton & Menk is an equal opportunity Page 2 miscellaneous walks on CSAH 110 between CSAH 15 and Three Points Blvd will be included with this project. The proposed project for sidewalk area 3 is shown in the attached Figure 1. ESTIMATED COSTS The proposed project is feasible from a technical standpoint. In addition, the project is necessary to renew the lifecycle of the sidewalks and meet ADA requirements. The proposed improvements represent cost effective means for doing so. Estimated Cost Summary: SUBTOTAL CONSTRUCTION COST $260,430 10%CONTINGENCIES $26,043 TOTAL CONSTRUCTION COST $286,473 25%INDIRECT COSTS $71,618 TOTAL PROJECT COSTS $358,091 Itemized cost estimate also attached. The allowance for indirect project costs includes, but is not limited to, engineering, surveying, administrative, fiscal and legal costs. Easement acquisition costs, if required, are not included. Funding for the proposed improvements will be from the Community Investment Fund. The Capital Improvement Program (CIP) impact consists of swapping costs from 2023 and 2024. Table 1—Capital Improvement Plan Impacts 2023 2024 Current CIP (Paver Walks and Misc County Walks) $413,500 $437,800 Updated CIP (Paver Walks and Misc County Walks) $358,000 $422,800 If approved, the proposed project schedule is to open bids and award the project in June. Construction is anticipated to commence in late summer and last one month. CONCLUSION We request that the Council approve the attached Resolution authorizing solicitation for bidding the Downtown Paver Sidewalk Replacement Project —Group 3. Sincerely, Bolton & Menk, Inc. Matthew S. Bauman, P.E. Assistant City Engineer H. AMOONVOC1130849\1 CorresVC To Others\2023-OS-1I Letter Report to Council -Paver Walks G3.docs Bolton & Menk is an MOUND SIDWALK IMPROVEMENTS MOUND, MINNESOTA FIGURE 1: SIDEWALK REPLACEMENT AREAS BOLTON APRIL2022(D&MENK • o` r' 9�v'®' ` Zvi I 44 3 , a. -7 m uj e. I ir v •? V —' t-- LYNWOOD BLVD (CSAH 15) y SHORELINE DR (CSAH 15) tx 3 P } Al/ rin _ LEGEND :. T OSIDEWALK AREA #1 s. OSIDEWALK AREA #2 ; o lso 300. ,; OSIDEWALK AREA #3\ z HORZ.A. � SCALE FEET_ ;; 83 ENGINEER'S ESTIMATE DOWNTOWN PAVER SIDEWALK REPLACEMENT PROJECT - GROUP 3 CITY OF MOUND, MN BMI PROJECT NO. OC1.130849 PRORATA 1 MOBILIZATION 2 TRAFFIC CONTROL DOWNTOWN SIDEWALKS 3 REMOVE PAVERS 4 REMOVE CONCRETE CURB & GUTTER 5 ADJUST CASTING 6 COMMON EXCAVATION (PAVER BASE REMOVAL) 7 4" CONCRETE WALK (STANDARD) 8 6" CONCRETE WALK (STANDARD) 9 4" CONCRETE WALK (COLORED) 10 CONCRETE CURB & GUTTER DESIGN ANY 11 TRUNCATED DOMES 12 TURF RESTORATION 13 LANDSCAPE ALLOWANCE MISCELLANEOUS WALKS 14 REMOVE CONCRETE WALK/DRIVEWAY 15 4" CONCRETE WALK (STANDARD) 16 6" CONCRETE WALK/DRIVEWAY 17 TURF RESTORATION STON &MLENK Real People. Real Solutions. Date: 5/17/2023 1 LUMPSUM $11,000.00 $11,000.00 1 LUMPSUM $2,000.00 $2,000.00 12,000 SO. FT $2.50 $30,000.00 80 LIN FT $9.00 $720.00 2 EACH $1,000.00 $2,000.00 225 CU YD $67.00 $15,075.00 8,075 SO. FT $11.00 $88,825.00 175 SO. FT $14.00 $2,450.00 3,750 SO. FT $15.00 $56,250.00 80 LIN FT $60.00 $4,800.00 74 SO. FT $65.00 $4,810.00 400 LIN FT $12.00 $4,800.00 1 ALLOWANCE $1,000.00 $1,000.00 1,450 SO. FT $9.00 $13,050.00 1,200 SO. FT $13.00 $15,600.00 250 SO. FT $25.00 $6,250.00 150 LIN FT $12.00 $1,800.00 ESTIMATED SUBTOTAL: $260,430.00 CONTINGENCY (10%): $26,043.00 ESTIMATED SUBTOTAL WITH CONTIGENCY: $286,473.00 ENGINEERING & ADMINISTRATION (25%): $71,618.25 ESTIMATED PROJECT TOTAL: $358,091.25 5/17/2023. 3:02 PM Engineer's Estimate Bolton & Menk, Inc. 1184 Page 1 of 1 10-YEAR CAPITAL IMPROVEMENT PLAN (CIP): 2023-2032 STREETS 3/30/2023 (Includes 30% Indirect Cost and Deduct for Utility Street Replacement Cost) LOCATION FUNDING SOURCE 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Paver Sidewalk Replacement iii (401) SWAP (401) $345,000 $360,000 County Road Sidewalks (') $68,500 $77,800 $327,600 $628,600 $99,000 Transit Center Pavers Replacement Ili (401) 950,000 2003Area Reconstruct (401) WITH PAVER $819,000 Pelican Point Reclaim (401) WALKS $336,000 2004 Area Reconstruct (401) $1,092,000 $1,092,000 2005 Area Reconstruct (401) $2,769,000 $2,769,000 2006 Area Reconstruct (401) $3,432,000 Maple Manors Reclaim and Pave (401) $101,400 Norwood Lane Reconstruct (401) $117,000 Sugar Mill Reclaim and Pave (401) $672,000 Pavement Repairs (400/440) $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 Crack Seal and Seal Coat Road Maint. Cap. Reserve (427) $174,000 $181,000 $145,000 $146,000 $261,000 $257,000 $243,000 $199,000 $358,000 $333,000 Fog Seal Alleys and Trails Road Maint. Cap. Reserve (427) $17,250 TOTAL SPECIAL ASSESSMENTS TOTAL CITY STREET COSTS $662,5001 $1,643,8001 $1,366,600 $1,941,600 $4,296,0001 $3,437,000 $3,868,6501 $391,000 $1,105,000 $408,000 GRANDTOTAL 1 $662,500 $1,643,800 $1,366,600 $1,941,600 $4,296,000 $3,437,000 $3,868,650 $391,000 $1,105,000 $408,000 (') COST TO CITY MAYBE REDUCED THROUGH COST SHARE WITH HENNEPIN COUNTY (2) MOST EXPENSIVE REPLACEMENT OPTION ASSUMED AS IN KIND PERVIOUS PAVERS 1185 CITY OF MOUND RESOLUTION NO. 23- RESOLUTION RECEIVING REPORT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR DOWNTOWN PAVER SIDEWALKS REPLACEMENT PROJECT — GROUP 3 WHEREAS, as part of the Capital Improvement Plan the City of Mound has replaced and rehabilitated its aging infrastructure; and WHEREAS, the Capital Improvement Plan for 2023 includes the replacement of paver walks in the downtown corridor of CSAH 15 and CSAH 110; WHEREAS, the planned improvements, titled Phase 2 will be postponed until 2024 while agreements with Hennepin County for intersection upgrades are coordinated; WHEREAS, the planned improvements, slated as Phase 3, will be accelerated for bidding in 2023 and bid titled Group 3; WHEREAS, the Council received and reviewed this report on May 23, 2023; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to receive this engineering report, to order preparation of plans and specifications, and to order advertisement for bids for the Downtown Paver Sidewalks Replacement Project - Group 3. Adopted by the City Council this 23'' day of May 2023 ATTEST: Kevin Kelly, City Clerk Jason R. Holt, Mayor :: z 2 H O a w U F- z LU H a LU 0 LU LL z O M N O N W p M N w N M I r 00 I o N =4f�r��,NCDotN- �� N M M (] H N M N co lf) (A r N r r O M N 0 O ti M CA 0 N 0 � U r N N N O N d) r � 0 r- 0 0 0 0 CN M r M 0 O N� N O 0) G? 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LO C C C C C C C C C C c C C 7 C 7 C 7 C 7 7 7 7 7 7 7 7 7 7 7 7 7 O O O O O O O O O O O O O O O O M N M N M N M CN co N m N co N M N co N M N M N M N M N co N M N M N O N O N O N O N O N O N O N O N O N O N O N CD N C, N CD N C, N O N d `��d• U L e` w 0\0 O o\O r r a0 r N (O ef• w O �' N M lf) CO lfi O LO r w t0 r [I-r- Lo r 'oa0U-2 [I -I` r w cu c cn O 7 _ _ C ,> w ` U) V O O C C O _ `m 'z' Z m 0 Co 0 > EZ m 7 a 3 m C p o 2 C, CL 7 0 0 m H C c N 7 c J O N N a 0 CL M Z U) U 7 Q LL w a) C n 0 E o Q � E ` m VJ''^^ O O W a t U o U c U 0 N (U _ IZ U N �_ U a ) [tl U a`I a to caoa 0L m of o w (U `m cn o 0 �° 3 E a) `m C1 U � E = E D U m U �- C) , CN Cl) ao a a a a C C C C 7 7 7 7 O O O 0 coco m M N N N N M N O M 00 a0 r r r r City of Mound For 2024, the estlmated wastewater service fee for your communly Is $825,264.71, a change of 2.31%from 2023. The table below detalls your wastewater How, In mllllons of gallons (mg), and allocated cost of service: Community Allocation M24 2023 2022 Metered How(mg) 243.87 257.83 314.40 Unmetered flow (mg) 75.42 -6.60 -6.68 Total flow (mg) 238.45 25123 307.72 Percent of regional How 0.29% 0.31% 0.35% Municipal wastewater onarge $825,265 $806,647 $863,301 m4 or ange bom poor 2.31% b.56% -4.1TA Your fee Is based on the portlon of wastewater How discharged from your communly to the reglonal system In the past ear (2022) mu I del led by the rtglonal wastewater charge for the next year (2024). Year to -year changes are affected by growth, water conservatlon, and Inflow and Inflltratlon. Region Z(129 2023 2022 Regional alloreted flow(MR) 81,361.07 82,130.28 89,095.42 Flow change from prior 0.94% -7.82-A 8.12% Regional wastewater charge $281,587,000 1 $263,703,000 $249,955,000 m4 orange hour prior 6.8M I 5.5% 4.0% /take Haiiisons Bay ll Mound f Cooks Bay I61and Some wastewater may enter or Ieaveyour cemmunfry but not be Included In the metered How total. These unmetered flows are shown below. Assigned wastewater volumes per a nit such as sing l wfam fly unit (SFU) or resldentlaI For Iva l ant connectlon (REC), vary based on past How response to wet weather, age of services, and other available data. Flow from Mound = 3.01 mg; added to allocated Flow: Lo calwlan ont DesM Ion r`n LdQ Id 4`^n Notes Mnnetn4a 3+ 4osfurropN 0.74 0M 0.76 0.76 Flow to Mound =- 8.43 me; deducted from allocated How: From 1 Calculation/ Description 15t Q 2nd Q 1 3rd Q 1 4th Q 1 Notes Unmetered flow total =- 5.42 mg May 08, 2023 1189 City of Mound 0 y of Mound MCES Facilities xxxx Metershed Interceptors Unmeteretl Unmeteretl —Grave (Flow From) (Flow To) L( e Meters N — Forcemain D� Adjusted'7T/. Adjusted 1 May oa, 2023 1190 PARKS AND OPEN SPACE COMMISSION MEETING MINUTES April 13, 2023 The Mound Parks and Open Spaces Commission met on Thursday, April 13, 2023, at 7:00 p.m. in the Council chambers of the Centennial Building. Present: Chair Blievernicht, Commissioners Mills and Stehlik, Council Rep Pugh Absent: Commissioner Kahn Others Present: City Manager and Director of Public Works Eric Hoversten Public Present: Gary Simmons 1. Call to Order The meeting was called to order by Chair Blievernicht at 7:00 p.m. 2. Roll Call Blievernicht, Mills, Stehlik, Pugh present; Kahn Absent 3. Approval of Agenda Motion by Mills, Second by Pugh; Motion carried 4-0 4. Approve January 12, 2023 Parks and Open Spaces Commission Minutes Motion by Mills, Second by Stehlik; Motion carried 4-0 S. Comments and Suggestions from Citizens Present Garry Simmons of 6xxx Linden approached the Commission to consider placement of pet waste bag dispensers at Philbrook Park and at the Dutch Lake boat launch area by the Grandview Middle School. Manager Hoversten indicated that the City had budget for these types of additions and the Phillbrook location was appropriate for up to two units. Hoversten suggested that because all the area around the launch by Grandview was either private or school land, and the school specifically posts "no dogs'; that this location was less appropriate. Dispensers would be placed at Phillbrook as part of the 2023 operating budget enhancements. 6. Westonka Schools. Citv. D N R Aereements for Ecoloev Classroom /Fishine Pier at Grandview Middle School Shoreline on Dutch lake Manager Hoversten provided an overview from previous agenda packet (March 9) materials. The School Board approved its participation in the agreements at its April 10 meeting and the Council reviewed and approved its actions at its April 11 meeting. All items were approved as presented to both bodies and the project could move forward with submission of the completed agreements to the DNR. 7. General Projects Update: Hoversten provided a run down of status on the listed projects. Mills asked additionally about the Rain Barrel event. Hoversten provided it was schedule for June 3 at the Parking Garage and that the Bay Association had been extremely successful in selling out the product. Mills also asked about the Bay Association grant activities. Hoversten indicated that no final disposition on the applications had been announced but the group received favorable feedback 1191 on its rain garden demonstration activities. No feedback had been received on the Carp Study activities. S. 2023 spring Park Visits and Budget Planning Intro Hoversten provided a brief overview of the annual budget planning cycle process. The Commission discussed park grouping assignments and determined tasking to maximize ever member being able to see a new set of parks, outside of the neighborhood area they live in. Group A — Mills Group B — Stehlik Group C— Pugh Group D — Kahn Group E — Blievernicht Hoversten offered that any reports or materials provided prior to the next meeting on May 11 would be assembled for inclusion in that meeting prep materials. 9. Reports: Councilmember Pugh highlighted the several workshops the Council had held, the Comprehensive Plan Health Check, and activities of the Staff and Council related to the Water Treatment Plant funding requests made to both State and Federal programs. 10. Adjourn Motion by Mills, Second by Stehlik; Motion carried 4-0 Meeting adjourned at 7:45 1192