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2023-11-28 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, NOVEMBER 28, 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. El 5. 0 *Consent Agenda *A. Approve payment of claims Page 2532-2546 *B. Approve minutes: November 14, 2023 Regular Meeting 2547-2558 *C. Docks and Commons Commission Reappointments 2559 *D. Approve Official Dock Map Addendum 2560 *E NW Tonka Lions Temporary Liquor License 2561 *F Approve miscellaneous pay item to Create Construction in the amount of 2562-2563 $4,809.00 work related to the 2023 lift station backup power upgrade at the Scherven station PW 23-03 *G Approve Pay Request #2 in the amount of $377,887.82 to Minger 2564-2567 Construction for the 2023 Liftstation Improvements Project PW 23-03 Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) Mayor for the Day Essay — Top Five Recipients of 6tn Grade Grandview Middle School Students: Nellie Sewell Sophia Denn Thomas Gombola PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. Addison Koepp Kate Kromenhoek 7. Westonka Student Senate Treasurer Emma Carlson providing Westonka Schools Activities Update 8. Approve Resolution Recognizing Contributions of Former Mayor Bob Polston (exhibit in draft) 9. City Council Introduction of concept plan from Colin Charlson for building remodel 2568-2571 project at 5581 Shoreline Drive and Outlot B, Mound Harbor 10. City Council discussion/action on purchase agreement offer from Colin 2572 -2583 Charlson of 4 C's Equity, LLC to buy City property known as Outlot B, Mound Harbor 11. Fee Schedule Amendment as it pertains to Dock Program Fees 2584-2587 2587 12. Approve memo to Governor's Office regarding 2024 Capital Improvement Priorities and Funding for the Mound Water Treatment Project (exhibit still under draft). X. Comments/Reports from Council Members Council Member Pugh Council Member Larson Council Member McEnaney Council Member Castellano Mayor Holt Y. Information/Miscellaneous A. Reports/updates from City Manager/Staff (See separate report) Updates on previous topics, outstanding items B. Reports: Fire Department— October 2023 2588-2589 Mediacom 11/10/2023 Rate Adjustment letter 2590 Metropolitan Council 11/3/2023 Letter, Completeness of Comp 2591 Plan Amendment C. Minutes: September 21, 2023 — Docks and Commons Commission 2592-2597 Z. Adjourn COUNCIL BRIEFING Tuesday, November 28, 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: November 28 — City Council Regular Meeting, 7:00 PM ***November 29 - Special Meeting — Manager Interviews 1, 6:00 PM December 12 — City Council Regular Meeting, 7:00 PM December 26 — Regular Meeting Cancelled 2024 meeting dates: January 9 and 23 February 13 and 27 March 12 and 26 Events and Activities: Subscribe to RAVE messaging tool for emergency notifications and updates RAVE Emergency Notifications I Mound, MN (cityofmound.com) WINTER PARKING RULESS IN EFFECT City Offices: Closed Thursday, November 23 for Thanksgiving Day Closed Friday, November 24 for day after Thanksgiving Closed Friday, December 22 for Christmas Eve Closed Monday, December 25 for Christmas 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 11-28-23 YEAR BATCH NAME DOLLAR AMOUNT 2023 111523CTYMAN $ 36,148.52 2023 HOISINGTON1023 $ 1,934.84 2023 ESCROWREFUNDS $ 125,000.00 2023 111623CTYMAN $ 53,891.22 0.52 PAYREQ111423 $ 82,763.72 2023 112823 H WS $ 42,996.99 TOTAL CLAIMS 11 $ 342,735.29 Q'ie3► Payments Batch 111523CTYMAN CITY OF MOUND Payments Current Period: November 2023 $36,148.52 Refer 2888 BOND TRUST SERVICES CORPOR _ Cash Payment E 355-46384-600 Debt Sry Principal 2006 HRA TAX INCREMENT REVENUE REFUNDING BONDS EARLY REDEMPTION CALL Invoice 82893 9272023 Cash Payment E 355-46384-611 Bond Interest Invoice 82893 9272023 Transaction Date 11/152023 Refer 2890 GARY S DIESEL SERVICE Cash Payment Invoice 50601 Cash Payment 2006 HRA TAX INCREMENT REVENUE REFUNDING BONDS EARLY REDEMPTION CALL U.S. Bank 10100 10100 Total E 101-43100-404 Equip & Vehicle Repairs DOT INSPECTION 2012 FREIGHTLINER STREETS PLOW TRUCK #312- REPAIR FRONT LEFT TURN SIGNAL LIGHT, REPLACE BULB, REPAIR LICENSE PLATE - DRILL NEW HOLES & MOUNT, REPLACE WIPER BLADES, DIAGNOSE TRUCK STUCK IN LOW RANGE, ACTUATED SWITCHES, CLEANED OUT BORE OUT, CLEANED 0- RINGS & PISTON, SENT OUT AIR BAG INSTALL KIT 10/182023 E 101-43100-404 Equip & Vehicle Repairs DOT INSPECTION 2014 FREIGHTLINER STREETS PLOW TRUCK #314- REPAIR LEFT REAR PARK BRAKE SPRING BROKEN, REPLACE BROKEN BRAKE CHAMBER, INSTALLED NEW CHAMBER ASSEMBLY, INSTALL FITTINGS 11/15/23 1:36 PM Page 1 $20,000.00 $294.44 $20,294.44 $2,995.19 $1,467.71 Invoice 50586 10/122023 Cash Payment E 602-49450-404 Equip & Vehicle Repairs DOT INSPECTION 2014 FREIGHTLINER $4,782.32 SEWER JET VAC #214- INSPECTED FOR PTO LEAK, REPAIR PTO DRIVE SHAFT, REPLACED ALL DRIVE AXLE BRAKES, REPLACED STEER AXLE BRAKES, REINSTALL PTO Invoice 50593 10/162023 Cash Payment E 101-43100-404 Equip & Vehicle Repairs DOT INSPECTION 2013 FREIGHTLINER $3,116.44 STREETS PLOW TRUCK #412- REPAIR OIL LEAK ON OIL PAN, REPLACE WIPER BLADES, REPAIR COOLANT LEAK Invoice 50559 10/32023 Cash Payment E 101-43100-404 Equip & Vehicle Repairs DOT INSPECTION 2014 FREIGHTLINER $1,460.42 STREETS PLOW TRUCK #313- REPAIR INOPERABLE LOW BEAM LIGHT ON PLOW LIGHT, REPLACE WIPER BLADES, SECURE HYDRAULIC HOSES Invoice 50609 10/192023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $13,822.08 Refer 2891 LAKEWINDS CONDOMINIUMS ASS MNI CITY OF MOUND 11/15/23 1:36 PM Page 2 Payments Current Period: November 2023 Cash Payment E 602-49450-500 Capital Outlay FA 2023 LIFT STATION IMPROVEMENT $1,500.00 PROJECT PW 23-03 F-1 LAKEWINDS LIFT STATION AGREEMENT TO CONVEY EASEMENT PART 3- CITY AGREES TO PAY $1500 IN LEGAL COSTS & FEES TO EASEMENT GRANTOR Invoice 111523 10/122023 Project PW2303 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $1,500.00 Refer 2892 PILOT ROCK PARK PRODUCTS _ Cash Payment R 101-45000-36230 Contributions and Do 4 ARMRESTS FOR BUY A BENCHES IN CITY $235.00 PARKS Invoice 266273 8/312023 Cash Payment R 101-45000-36230 Contributions and Do 4 ARMRESTS FOR BUY A BENCHES IN CITY $217.00 PARKS- ITEMS WERE ON BACK ORDER Invoice 261113 3/302023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $452.00 Refer 2889 SCHIROO ELECTRICAL REBUILDIN _ Cash Payment E 602-49450-440 Other Contractual Servic REBUILD GENERATOR ALTERNATOR AT $80.00 LIFT STATION Invoice 101121 Transaction Date 10/182023 U.S. Bank 10100 10100 Total $80.00 Fund Summary 10100 U.S. Bank 10100 101 GENERAL FUND $9,491.76 355 2003-C G.O. TIF 1-2 $20,294.44 602 SEWER FUND $6,362.32 $36,148.52 Pre -Written Checks $0.00 Checks to be Generated by the Computer $36,148.52 Total $36,148.52 4ME! CITY OF MOUND 11/17/23 5:03 PM Page 1 Payments Current Period: November 2023 Payments Batch hoisington1023 $1,934.84 Refer 2990 HOISINGTON KOEGLER GROUP, 1 Cash Payment E 101-42400-300 Professional Srvs MISC PLANNING SVCS OCTOBER 2023 $907.50 Invoice 020-002-45 11/102023 Cash Payment E 101-42400-300 Professional Srvs MOUND COMPREHENSIVE PLAN 2040 $495.00 PLANNING SVCS OCTOBER 2023 Invoice 020-002-45 11/102023 Cash Payment G 101-23494 PC22-18 TOWNHOMES-CO FERN LANE- COMMERCE PLACE $532.34 TOWNHOMES CUP PC 22-18 -MISC PLANNING SVCS OCTOBER 2023 Invoice 020-002-45 11/102023 Transaction Date 11/172023 U.S. Bank 10100 10100 Total $1,934.84 Fund Summary 10100 U.S. Bank 10100 101 GENERAL FUND $1,934.84 $1,934.84 Pre -Written Checks $0.00 Checks to be Generated by the Computer $1,934.84 Total $1,934.84 0*10 CITY OF MOUND Payments Current Period: November 2023 11/16/23 3:08 PM Page 1 Payments Batch ESCROWREFUNDS $125,000.00 Refer 2961 CHARLES HAYES 111 _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 1808 SHOREWOOD LANE- BLDG PERMIT #20-301 - CHARLES HAYS III & ANDREA HAYS Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2962 CREEK HILL CUSTOM INC _ Cash Payment G 101-23150 New Construction Escrow CURB STOP ESCROW REFUND- 1864 $5,000.00 SHOREWOOD LANE- BLDG PERMIT#23- 920 - CREEK HILL CUSTOM INC Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2963 KERBER FAMILY HOMES _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 2160 APPLE LANE- BLDG PERMIT #21-1108- KERBER FAMILY HOMES Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2964 LDK BUILDERS _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 3114 ISLAND VIEW DRIVE- BLDG PERMIT #20-00006 - LDK BUILDERS, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2965 LDK BUILDERS _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 3100 ISLAND VIEW DRIVE- BLDG PERMIT #20-639 - LDK BUILDERS, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2969 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 4443 WILSHIRE BLVD- BLDG PERMIT #21- 1034-RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2970 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 4441 WILSHIRE BLVD- BLDG PERMIT #21- 1033-RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2971 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 4437 WILSHIRE BLVD- BLDG PERMIT #21- 1032-RT RESIDENTIAL, INC. Invoice 111523 11/92023 4*110,, CITY OF MOUND 11/16/23 3:08 PM Page 2 Payments Current Period: November 2023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2982 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 4473 WILSHIRE BLVD- BLDG PERMIT #21- 744 -RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2973 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 4433 WILSHIRE BLVD- BLDG PERMIT #21- 1030-RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2974 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 4431 WILSHIRE BLVD- BLDG PERMIT #21- 1029-RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2975 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 4451 WILSHIRE BLVD- BLDG PERMIT #21- 980 -RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2968 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 4445 WILSHIRE BLVD- BLDG PERMIT #21- 1035-RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2976 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 4455 WILSHIRE BLVD- BLDG PERMIT #21- 978 -RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2977 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 4453 WILSHIRE BLVD- BLDG PERMIT #21- 979 -RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 Refer 2978 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- $5,000.00 4457 WILSHIRE BLVD- BLDG PERMIT #21- 977 -RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $5,000.00 OWN CITY OF MOUND Payments Current Period: November 2023 Refer 2979 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- 4459 WILSHIRE BLVD- BLDG PERMIT #21- 976 -RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total Refer 2980 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- 4461 WILSHIRE BLVD- BLDG PERMIT #21- 943 -RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total Refer 2981 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- 4463 WILSHIRE BLVD- BLDG PERMIT #21- 942 -RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total Refer 2972 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- 4435 WILSHIRE BLVD- BLDG PERMIT #21- 1031 -RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total Refer 2967 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- 4447 WILSHIRE BLVD- BLDG PERMIT #21- 1036-RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total Refer 2984 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- 4465 WILSHIRE BLVD- BLDG PERMIT #21- 941 -RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total Refer 2983 RT RESIDENTIAL, INC _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- 4471 WILSHIRE BLVD- BLDG PERMIT #21- 745 -RT RESIDENTIAL, INC. Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total Refer 2966 SHARKEY DESIGN BUILD _ Cash Payment G 101-23150 New Construction Escrow NEW CONSTRUCTION ESCROW REFUND- 4978 AFTON RD - BLDG PERMIT #21-932 SHARKEY DESIGN BUILD Invoice 111523 11/92023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total Refer 2960 TECHNIQUES CONSTRUCTION _ 11/16/23 3:08 PM Page 3 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 W-01 CITY OF MOUND Payments Current Period: November 2023 Cash Payment G 101-23150 New Construction Escrow Invoice 111523 11/92023 Transaction Date 11/152023 Fund Summary 101 GENERAL FUND NEW CONSTRUCTION ESCROW REFUND- 5124 WINDSOR RD- BLDG PERMIT #22-59 TECHNIQUES CONSTRUCTION 11/16/23 3:08 PM Page 4 $5,000.00 U.S. Bank 10100 10100 Total $5,000.00 10100 U.S. Bank 10100 $125,000.00 $125,000.00 Pre -Written Checks $0.00 Checks to be Generated by the Computer $125,000.00 Total $125,000.00 CITY OF MOUND 11/16/239:22AM Page 1 Payments Current Period: November 2023 Payments Batch 111623CITYMAN $53,891.22 Refer 2811 A-1 RENT IT, BROADWAY TENT & _ Cash Payment E 101-41930-210 Operating Supplies 20# PROPANE FILL FOR FIRE $17.10 EXTINGUISHER TRAINING CITY HALL STAFF Invoice 192184 10/192023 Cash Payment E 101-43100-434 Conference & Training 20# PROPANE FILL FOR FIRE $4.28 EXTINGUISHER TRAINING PUBLIC WORKS STAFF Invoice 192184 10/192023 Cash Payment E 101-45200-434 Conference & Training 20# PROPANE FILL FOR FIRE $4.28 EXTINGUISHER TRAINING PUBLIC WORKS STAFF Invoice 192184 10/192023 Cash Payment E 601-49400-434 Conference & Training 20# PROPANE FILL FOR FIRE $4.27 EXTINGUISHER TRAINING PUBLIC WORKS STAFF Invoice 192184 10/192023 Cash Payment E 602-49450-434 Conference & Training 20# PROPANE FILL FOR FIRE $4.27 EXTINGUISHER TRAINING PUBLIC WORKS STAFF Invoice 192184 10/192023 Transaction Date 11/92023 U.S. Bank 10100 10100 Total $34.20 Refer 2893 FIRE DEPT ASSOC OF MINNESO T _ Cash Payment E 222-42260-433 Dues and Subscriptions 6ISSUES 2023 MN FIREFIGHTER $140.00 PUBLICATIONS- 20 FIREMEN RENEWALS- MFD Invoice 111423 11/72023 Transaction Date 11/152023 Refer 2900 FIVE TECHNOLOGY Cash Payment E 403-41920-500 Capital Outlay FA U.S. Bank 10100 10100 Total LABOR TO SET UP NEW SERVER, CONFIGURATION, INSTALLATION, BACK UP SOFTWARE & MICROSOFT 365 BACK UP TO SYNOLOGY NAS $140.00 $8,400.00 Invoice P2598-2 10242023 Transaction Date 11/162023 U.S. Bank 10100 10100 Total $8,400.00 Refer 2899 GRAINGER _ Cash Payment E 602-49450-218 Clothing and Uniforms 2 ARC FLASH JACKET & BIB SETS- LARGE & $1,373.51 XL- USE @ LIFT STATIONS Invoice 9886201293 10272023 Transaction Date 11/162023 U.S. Bank 10100 10100 Total $1,373.51 Refer 2894 GUST, RONALD R. JR _ Cash Payment E 609-49750-210 Operating Supplies REIMBURSE R. GUST- MENARDS- $67.17 PAINTERS PLASTIC PURCHASED FOR COVRING SHELVES BEFORE VENT CLEANING AT HWS Invoice 111428 11/102023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total $67.17 Refer 2895 HENNEPIN COUNTY INFORMATIO _ Cash Payment E 222-42260-321 Telephone, Cells, & Red FIRE DEPT RADIO LEASE & FLEET FEE- $2,176.28 OCTOBER 2023 Invoice 1000214303 1122023 EA CITY OF MOUND Payments Current Period: November 2023 Cash Payment E 101-42115-321 Telephone, Cells, & Red EMERGENCY MGMT RADIO LEASE & FLEET FEE- OCTOBER 2023 Invoice 1000214303 1122023 Cash Payment E 602-49450-321 Telephone, Cells, & Red PW RADIO LEASE & FLEET FEE - OCTOBER 2023 Invoice 1000214360 1122023 Cash Payment E 601-49400-321 Telephone, Cells, & Red PW RADIO LEASE & FLEET FEE - OCTOBER 2023 Invoice 1000214360 1122023 Cash Payment E 101-43100-321 Telephone, Cells, & Red PW RADIO LEASE & FLEET FEE - OCTOBER 2023 Invoice 1000214360 1122023 Cash Payment E 101-45200-321 Telephone, Cells, & Red PW RADIO LEASE & FLEET FEE - OCTOBER 2023 Invoice 1000214360 1122023 Transaction Date 11/152023 U.S. Bank 10100 10100 Total Refer 2896 MACQUEEN EMERGENCY _ Cash Payment E 222-42260-440 Other Contractual Servic 25 SCBA FLOWTESTS & 16 FACEPIECE FLOWTESTS- FIRE DEPT Invoice P21345 10262023 Transaction Date 11/142023 U.S. Bank 10100 10100 11/16/23 9:22 AM Page 2 $66.86 $85.64 $85.64 $85.64 $85.64 $2,585.70 $2,195.00 $2,195.00 Refer 2897 MCCARVILLE, MICHAEL _ Cash Payment E 222-42260-212 Motor Fuels REIMBURSE M. MCCARVILLE- 2 $95.64 WISCONSIN KWIK TRIP FUEL PURCHASES 11/123 & 11/3/23 FOR FIRE DEPT VEHICLE - DROVE TO APPLETON WISCONSIN FOR FINAL INSPECTION OF NEW PIERCE FIRE TRUCK #48 Invoice 111423 11/72023 Transaction Date 11/142023 Total U.S. Bank 10100 10100 Total Refer 2898 SWEDEBRO, INC. _ Cash Payment E 222-42260-500 Capital Outlay FA COMPLETE RE -FINISH OF FIRE STATION FLOORS IN APPARATUS BAY, ADD AGGREGATE FILLED EPDXY FLOOR 70-80 MILS THICK, ADD SAFETY STRIPING Invoice 2023208 10/132023 PO 25347 Transaction Date 11/142023 U.S. Bank 10100 10100 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 403 CAP REPLAC-VEHICLES & EQUIP 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 10100 U.S. Bank 10100 $263.80 $43,606.92 $8,400.00 $89.91 $1,463.42 $67.17 $53,891.22 Pre -Written Checks $0.00 Checks to be Generated by the Computer $53,891.22 Total $53,891.22 Total $95.64 $39,000.00 $39,000.00 MEN CITY OF MOUND 11/17/2310:07AM Page 1 Payments Current Period: November 2023 Payments Batch PAYREQ111423 $82,763.72 Refer 2985 CREATE CONSTRUCTION, LLC Cash Payment E 401-43124-500 Capital Outlay FA PAY REQUEST #2 2023 DOWNTOWN PAVER $24,381.37 SIDEWALK REPLACEMENT PROJECT PHASE 2 PW 23-08 WORK COMPLETED OCT 1 THROUGH OCT 12, 2023 - CREATE CONSTRUCTION Invoice 111423 11/92023 Project PW2308 Transaction Date 11/142023 U.S. Bank 10100 10100 Total $24,381.37 Refer 2986 DURKIN, DAVID Cash Payment E 401-43110-500 Capital Outlay FA Invoice 111423 11/92023 Transaction Date 11/142023 PAY REQUEST #2 & FINAL 2023 RETAINING WALL IMPROVEMENT PROJ - PW 23-02 WORK COMPLETED ON WALL @ 5129 WATERBURY RD FROM OCT 16 THRU NOV 7, 2023 Project PW2302 U.S. Bank 10100 10100 Total Refer 2987 KLEIN UNDERGROUND, LLC Cash Payment E 101-43100-440 Other Contractual Servic PAY REQUEST- MISC STREET REPAIRS- GRANDVIEW COURT TO IMPROVE STREET & DRAINAGE ISSUES Invoice 57277 10/312023 Transaction Date 11/142023 U.S. Bank 10100 10100 Total Refer 2988 THUL SPECIALITY CONTRACTINGI _ Cash Payment E 602-49450-500 Capital Outlay FA PAY REQUEST #2 - 2023 MANHOLE REHAB PROJECT-PW23-04 WORK COMPLETED OCT 7 THRU NOV 2, 2023 Invoice 111423 11/92023 Project PW2304 Transaction Date 11/142023 U.S. Bank 10100 10100 Total Fund Summary 10100 U.S. Bank 10100 101 GENERAL FUND $10,312.50 401 GENERAL CAPITAL PROJECTS $26,509.22 602 SEWER FUND $45,942.00 $82,763.72 Pre -Written Checks $0.00 Checks to be Generated by the Computer $82,763.72 Total $82,763.72 $2,127.85 $2,127.85 $10,312.50 $10,312.50 $45,942.00 $45.942.00 0zy CITY OF MOUND Payments Current Period: November 2023 Payment Batch 112823HWS $42,996.99 Refer 2920 ARTISAN BEER COMPANY Ck# 075191 11/172023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 3640710 11/102023 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 376784 11/32023 Transaction Date 11/162023 U.S. Bank 10100 10100 Refer 2957 BACK CHANNEL BREWING Cash Payment E 609-49750-252 Beer For Resale Invoice 1950 11/92023 Transaction Date 11/162023 Refer 2904 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale Invoice 0201502600 11/82023 Cash Payment E 609-49750-251 Liquor For Resale Invoice 0201537600 11/92023 Transaction Date 11/162023 Ck# 075192 11/172023 BEER U.S. Bank 10100 10100 Ck# 075193 11/172023 LIQUOR LIQUOR CREDIT U.S. Bank 10100 10100 11/17/23 5:18 PM Page 1 $1,567.75 -$18.48 Total $1,549.27 $260.00 Total $260.00 $3,397.26 -$160.65 Total Refer 2921 BELLBOY CORPORATION Ck# 075193 11/172023 Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, BAGS Invoice 0107593600 11/82023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 0107593600 11/82023 Cash Payment E 609-49750-255 Misc Merchandise For R CARDED WAITERS CORKSCREWS, SHAKER SET, PLASTIC SHOT GLASSES, CHAMPAGNE STOPPERS, Invoice 0107593600 11/82023 Transaction Date 11/162023 U.S. Bank 10100 10100 Total Refer 2912 BREAKTHRU BEVERAGE MN BEE Ck# 075194 11 /172023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 113040668 11/142023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 113040667 11/142023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 113038319 11/142023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 113040669 11/142023 Transaction Date 11/162023 U.S. Bank 10100 10100 Total Refer 2909 BREAKTHRU BEVERAGE MN WINE Ck# 075195 11 /172023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 112952507 11/82023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 112952505 11/82023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 112952506 11/82023 Transaction Date 11/162023 U.S. Bank 10100 10100 Refer 2907 CAPITOL BEVERAGE SALES, L.P. Ck# 075196 11/172023 Total $3,236.61 $43.75 $175.60 $176.05 $395.40 $11,450.60 $228.45 $100.00 $407.50 $12,186.55 $288.00 $1,507.40 $28.00 $1,823.40 WEAK CITY OF MOUND Payments Current Period: November 2023 Cash Payment E 609-49750-251 Liquor For Resale Invoice 2912828 11/142023 Cash Payment E 609-49750-252 Beer For Resale Invoice 23120359 11/142023 Cash Payment E 609-49750-252 Beer For Resale Invoice 2913131 11/142023 Transaction Date 11/162023 LIQUOR BEER CREDIT BEER U.S. Bank 10100 10100 Refer 2919 CAPITOL BEVERAGE SALES, L.P. Ck# 075196 11/172023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2912799 11/142023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 2912799 11/142023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2912802 11/142023 Transaction Date 11/162023 U.S. Bank 10100 10100 Refer 2924 DANGEROUS MAN BREWING CO. Ck# 075197 11 /172023 Cash Payment E 609-49750-257 THC for Resale THC Invoice 1712 11/92023 Transaction Date 11/162023 U.S. Bank 10100 10100 Refer 2946 ELM CREEK BREWING CO. Cash Payment E 609-49750-252 Beer For Resale Invoice 5597 11/102023 Transaction Date 11/162023 Ck# 075198 11 /172023 BEER U.S. Bank 10100 10100 Refer 2910 JOHNSON BROTHERS LIQUOR Ck# 075199 11/172023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2420479 11/82023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2420479 11/82023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 2420481 11/82023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT Invoice 2392780CR 9282023 Transaction Date 11/162023 U.S. Bank 10100 10100 11/17/23 5:18 PM Page 2 $96.40 -$18.25 $36.40 Total $114.55 $276.75 $24.80 $6,598.30 Total $6,899.85 $70.00 Total $70.00 $113.44 Total Total Refer 2944 MINNEHAHA BUILDING MICE. INC Ck# 075200 11/172023 Cash Payment E 609-49750-400 Repairs & Maintenance- WASH WINDOWS INSIDE & OUT HWS 10-2-23 Invoice 180247088 10292023 Transaction Date 11/162023 U.S. Bank 10100 10100 Total Refer 2940 MOUND MARKETPLACE ASSOC Ck#075201 11/172023 Cash Payment E 609-49750-412 Building Rentals DECEMBER 2023 COMMON AREA MTCE & INSURANCE HWS Invoice 120123 12/12023 Transaction Date 11/162023 U.S. Bank 10100 10100 Total Refer 2905 PAUSTIS AND SONS WINE COMPA Ck# 075202 11 /172023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 218490 11/62023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 219130 11/92023 $113.44 $3,643.60 $1,768.45 $48.00 -$117.00 $5,343.05 $74.81 $74.81 $1,600.75 $1,600.75 $132.00 $480.00 WEE CITY OF MOUND Payments Current Period: November 2023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 219406 11/132023 Transaction Date 11/162023 U.S. Bank 10100 10100 Refer 2911 PHILLIPS WINE AND SPIRITS, INC Ck# 075203 11/172023 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT Invoice 512299 1122023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 6687046 11/82023 Transaction Date 11/162023 U.S. Bank 10100 10100 Refer 2937 PRYES BREWING COMPANY, LLC Ck# 075204 11 /172023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 64634 11/92023 Transaction Date 11/162023 U.S. Bank 10100 10100 Refer 2939 SHAKOPEE BREWHALL Cash Payment E 609-49750-252 Beer For Resale Invoice 3248 11/82023 Transaction Date 11/162023 Ck# 075205 11/172023 BEER U.S. Bank 10100 10100 Refer 2906 SOUTHERN WINE & SPIRITS OF M Ck# 075206 11/172023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2410489 11/92023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2410484 11/92023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2410486 11/92023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2410485 11/92023 Transaction Date 11/162023 U.S. Bank 10100 10100 Total 11/17/23 5:18 PM Page 3 $651.50 $1,263.50 -$144.00 $547.50 Total $403.50 $173.00 Total $173.00 $108.00 Total $108.00 $2,598.00 $2,680.29 $201.49 $440.91 Total $5,920.69 Refer 2922 ST. CLOUD REFRIGERATION, INC Ck# 075207 11/172023 Cash Payment E 609-49750-400 Repairs & Maintenance- PREV MTCE- COOLERS, CONDENSERS @HWS- 9-21-23- COOLING 2 & REFRIGERATION 2-CHANGED FILTERS, CHECKED BELTS ON ROOF TOP UNITS, CHECKED COOLING OPS, ELECTRICAL COMPONENTS, CONDENSING UNITS, COMPRESSORS, DOORS, GASKETS& TENSIONS Invoice W91997 9292023 Cash Payment E 609-49750-400 Repairs & Maintenance- PREV MTCE- HEATING & REFRIGERATION HWS- 10-30-23- HEATING 1 & REFRIGERATION 2- CHECKED RTUS & CONDENSING UNITS ON ROOFTOP UNITS - FOUND RTU #1 & COMP #2 HAD BAD CCH WILL QUOTE A NEW ONE, CLEANED & CHECKED ALL SELF CONTAINED COOLERS ALL FANS RUNNING IN WALK IN COOLER. Invoice W93573 11/152023 Transaction Date 11/162023 US Bank 10100 10100 Total Refer 2933 STEEL TOE BREWING, LLC Ck# 075208 11/172023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 52678 11/142023 $472.66 $472.66 $945.32 $255.00 MEN Transaction Date 11/162023 CITY OF MOUND Payments Current Period: November 2023 U.S. Bank 10100 10100 Total Refer 2950 UNMAPPED BREWING CO. Ck# 075209 11/172023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 3054 1122023 Transaction Date 11/162023 U.S. Bank 10100 10100 Total Fund Summary 10100 U.S. Bank 10100 609 MUNICIPAL LIQUOR FUND $42,996.99 $42,996.99 Pre -Written Checks $42,996.99 Checks to be Generated by the Computer $0.00 Total $42,996.99 11/17/23 5:18 PM Page 4 $255.00 $260.30 $260.30 E MOUND CITY COUNCIL MINUTES November 14, 2023 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 14, 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, Deputy City Manager Maggie Reisdorf, Finance Director Noah Iverson, Andrew Drilling Field Officer, City Clerk Kevin Kelly, City Attorney Scott Landman, Ehlers Consultant Stacy Kvilvang, Mike Zygadlo. 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 MOTION by Larson, seconded by McEnaney, to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Castellano, seconded by McEnaney, to approve the consent agenda. Upon roll call vote. all voted in favor. Motion carried. A. Approve payment of claims in the amount of $983,439.14. B. Approve minutes: 10-24-23 Regular Meeting 10-30-23 Special Meeting C. Approve Parks Commission Re -appointments Jan. 2024 — Dec 2026 Travis Mills Johanna Kahn D. Approve Pay Request #2 in the amount of $24,381.37 to Create Construction for the 2023 Downtown Paver Replacement Project — Group 3 pavement, PW 23-08 E. Approve Final Pay Request in the amount of $2,127.85 to Boulder Creations Limited for the 2023 Retaining Wall Improvements Project, Waterbury: PW 23-02 2547 Mound City Council Minutes — October 24, 2023 F. Approve Pay Request in the amount of $10,312.50 to Klein Underground LLC for miscellaneous street repair work; various utility and drainage repairs G. Approve Pay Request #2 in the amount of $49,942.00 to Thul Specialty Contracting for the 2023 Manhole Rehabilitation Project; PW 23-04 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Orono Police Department September and October 2023 Activity Reports No representatives from the Orono Police Department were present. 7. 5043 Enchanted Road — Exterior Storage/Nuisance Hearing Drilling gave the timeline of events regarding the 5043 Enchanted Road property. Drilling said the initial complaint came to the City in August, 2023. Drilling listed the subsequent activity after the initial complaint: • Sent initial warning on August 18th with a compliance due date of September 1 It. • Compliance work was not done on the property. • A second letter was sent with due date for compliance of September 15th • Final warning letter sent on September 18th with a October 12th compliance date. • On October 6th Drilling received an appeal letter from the property owner. • Resident was notified on October 31 It of appeal hearing meeting scheduled at this meeting. Drilling said City Attorney Landsman prepared a resolution declaring a nuisance if the Council would like to pursue that option at this time. Larson said she drove by the property and it looked like there was no work done to comply. McEnaney said has the property owner spoken to Drilling. Drilling said the only communication from the property owner was the appeal letter. Mike Zygadlo, 5043 Enchanted Road, said he sent the appeal letter and that he removed the truck from his property and the building materials located on his property are for his new roof. Zygadlo said he heats his house with the firewood and he said it is stacked neatly. Zygadlo said he is working on the nuisance items. Zygadlo added he has a building permit for the roofing project and the City never contacted him. McEnaney said there were ladders and chairs, a table and other items. McEnaney asked him if he could clean things up a little bit. Zygadlo said he was working on the roof and it is a working project. Zygadlo said he was going to put in a retaining wall on the property which will include a lot of retaining wall blocks added to the property. Holt said the City is looking into property owners trying to comply with cleaning up their properties and following the code that is in place. Holt said the Council read Zygadlo's rebuttal letter. Drilling said he read the letter and is monitoring the property and things are getting moved around but there are still many items in the yard which need to be taken care of. Drilling discussed the photos he provided to the City Council relating to the nuisance items. Drilling said some items were completed but there are many items still in the yard that need to be addressed. Drilling said this is an on -going situation and said some things have moved but there are things like unsplit firewood on the ground and other items which are still present on the property. Drilling said the roof permit was issued a while ago O Mound City Council Minutes — October 24, 2023 and may be expired. Drilling said over the last few months things have for the most part not changed Holt said there are photos with long grass which has been mowed. Hoversten said the resident brought forward this hearing directly to the Council but did not work with City staff. Holt asked what next steps would be if the Council approves the resolution. Hoversten said the Council needs to make a decision to approve or table the nuisance resolution. Hoversten said the objective is for the property to improve. Drilling said this is his first appeal and usually the property owner will work with him to take care of their nuisance. Hoversten said it is up to the Council to decide on how to respond to the appeal. Pugh said the City has set out a process to address nuisances and the property owner has been given notice and the homeowner should get another month to get his property cleaned up. Pugh said the Council wants to clean up the City. Castellano said he would like to go with the staff opinion and doesn't see what another 30 days will do when it could snow at any time. Castellano said some of these things can be done immediately. McEnaney said she would like to give him another month out of good will and maybe get a list of to-do items for Zygadlo. Zygadlo said he has stuff on a trailer which he can take off the property and the items are secured by straps. Zygadlo said he is working on the roofing permit and he is working on the backyard. Zygadlo said he doesn't know what the issue is. McEnaney said the area is overgrown and Zygadlo should trim and neaten up the area to camouflage all the stuff in the yard. Castellano said ordering the resolution will give Zygadlo the itemized list of items he needs to improve. Holt said Drilling has been working on this for three months and Zygadlo hasn't responded except for the letter. Larson asked Zygadlo do you live here or is this a rental property and her heart bleeds for him if he is busy working. Larson said Zygadlo lives in a nice neighborhood and she sees things all over his yard. Larson said it is too bad you haven't neatened up the yard. Larson said some of this stuff could have been picked up and the Council wants to tidy up the yards in town. Landsman said the purpose of the appeal is to agree with the staff determination that a nuisance exists Landsman said the resolution on page 2486 of the agenda states City officials are authorized to take steps to take care of the nuisance and assess the costs of abatement. Holt agreed with the City that this is a nuisance and to go ahead with the motion on the resolution. MOTION by Castellano, seconded by Larson, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-96: RESOLUTION ORDERING NUISANCE ABATEMENT ON THE PROPERTY LOCATED AT 5043 ENCHANTED ROAD, MOUND, MINNESOTA 8. Franchise Fee and User Fee discussion Stacy Kvilvang, Ehlers and Associates, said she was before the Council a month ago regarding the history and background of the Franchise Fee decisions. Kvilvang said the current Franchise fee is $2.75 for each utility user whether they are residential or a business property owner. Kvilvang said 94% of the revenue from Franchise fees comes from residential properties. Kvilvang listed Options for the Council to consider: 2549 Mound City Council Minutes — October 24, 2023 • Increase the fee across the board • Residential could stay at $2.75 with a higher fee for commercial (C/1) users • Move all properties to $4.00 • Another option to move residential to $4.00 with higher fee increase for C/I over 2-3 years Kvilvang provided the data for Option 1: • If all properties paid $4.00 this would increase all properties fees $30 per year • Residential properties would still pay 94% of fees Kvilvang provided the data for Option 2: • Residential at $4.00 • Increase small C/I to $18.50 a month/$222.00 a year • Increase Small C/I to (higher demand) to $54.50 a month/$654.00 a year • Increase Large C/I to 284.50 a month/ $3,414.00 a year • Shifts ratio of residential/commercial percentage to 70/30 which bring better balance to the portfolio Kvilvang said Option 3 would be a gradual ramp up of fees for Option 2 numbers for the 10 - 15 large C & I users in City over three years. Kvilvang said she is looking for Council direction and next steps which she listed: • Select an Option • Approve Ordinance • Communication with residents and business • Notify utility companies of the franchise fee increase Hoversten said there are users of City services who do not pay property taxes. Hoversten said that changing franchise fees is a financially strategic option that can lessen the burden of property taxes and diversify the general fund revenue portfolio. Hoversten said all fees and taxes are more heavily burdened on residential properties in how they are currently structured and implemented. Hoversten said the property tax levy can be lowered by raising revenue through franchise fees so the general fund isn't totally burdened. Hoversten said it is a give and take on how the rate schedule is formulated. Hoversten said churches and schools don't pay property taxes and the smallest users in Mound pay the most heavily. Hoversten said this change would balance equities and spreading it out over two or three years may make it easier. Castellano said he likes Option 2 and wants to ease the burden on residents sooner with a two-year phase in of fee increases. Pugh said she would like to move to C/I paying more fees due to equity. McEnaney said she prefers Option 2 for more immediate relief for residents. Larson said she is in favor of the C/I increase to happen over three years. Kvilvang said Option 3 delays the positive effect on revenue an earlier increase would bring. Hoversten said this is a diversification of revenue sources and paying off the debts of the City will require revenue whether it is from one source or the other. Hoversten said the Council can decide to reduce the burden on single family residences. 2550 Mound City Council Minutes — October 24, 2023 Larson said for every $75,000 the City receives reduces the levy by 1 %. Holt said the $290K in increased Franchise Fees would be 3.8% of the levy. Pugh said this strategy should start in 2024. Castellano said this is why the Council should go for Option 2. Pugh said any new Council could change the plans made by this Council. Castellano said a new Council could deviate from this Council's plan. Hoversten said the Council has a preliminary levy and the staff have tried to diversify revenue sources. Hoversten said the City Franchise Fees can be used to reduce the tax levy and to reduce City debt. Holt said he is in favor of Option 2. Castellano reiterated he is in favor of Option 2 which can bring down the levy. Holt asked Larson if she was in favor of Option 2 to which she agreed. MOTION by Castellano, seconded by Pugh, to approve Option 2 for Franchise Fee rates. All voted in favor. Motion passed. 9. Discussion to consider initiating a Utility Rate Study Kvilvang said this is the first discussion on the City Dock Fund. Kvilvang listed the services residents who participate in the dock program get access to: Dock locations — residents put in their own docks into the lake Multiple Slips — City owned slips which the City pays for the installation and removal Wait List — residents wait to get into the dock program Canoe/Kayak Racks — Shoreline spots for season rentals Kvilvang said each user of their portion of the dock program pay an annual license fee as follows: • Multiple slip - $500.00 annual fee • Dock Program - $350.00 annual license Kvilvang said the 2023 budget for the Dock Program is $180K and the projected 2024 Budget is set at $262K. Kvilvang said projections are that the Dock Budget will increase to $330K on average over the next ten years which is caused by tree removal and rip rap shoreline restoration. Kvilvang said there are $400K in fund reserves currently in the Dock Fund and if fees stay the same as they are in 2023 these reserves will be depleted. Kvilvang said the Dock Fund is not currently paying for every activity which benefits the Dock Program such as rip rap and tree removal which are being paid for by the City General Fund. Kvilvang said what should be the goal of the Dock Fund. • Increase rates to adequately support the Dock Fund • Multiple Slips to cover higher costs • Maintain additional boat fee • Maintain equitable fees for all Dock Program uses Kvilvang said the Ehlers proposals are: Option 1 - • Multiple slips fees to increase by $75.00 a year for the next four years • Increase to $90.00 a year from 2027-2029 • Increase of $30.00 a year from 2030-2033 2551 Mound City Council Minutes — October 24, 2023 • Dock license fees to increase by $50.00 a year • Additional watercraft fees increase by $20.00 a year Option 2 • Multiple slip fee increased by $240.00 in 2024 to $740.00 for annual license • Increase of $50.00 a year from 2025-2029 • Increase of $30.00 a year from 20230-2033 • Docks will increase by $50 a year from 2024-2029 Kvilvang said the Multiple Slip Fee will increase from $500 in 2023 to approximately $1,100.00 in 10 years in either Option 1 or 2. Castellano said in either option fees will increase and get to the same point but Option 2 hits multiple slip users up front than the more gradual increases in Option 1. Kvilvang said in either Option 1 or Option 2 the Dock Fund will be receiving $400K in annual revenue by 2033. Holt said he doesn't think it is fair that he, like other residents on the wait list, support the taking down of trees. Holt said the expectation is the budget in 2024 is going to be $262K due to the tree removal and the dock program fees should pay for this. Hoversten said the understanding was the Dock Program was not to be turned into an enterprise fund but the fees should pay for the cost of services and not supported through the City General Fund. Hoversten said the budget reflects the time staff put in to running the Dock Program. Hoversten said there are insane numbers of dead trees in commons areas due to the Emerald Ash Borer and the drought stress. Hoversten added the dock program is in existence to benefit inland Mound residents and these costs should be allocated to the Dock Fund. Hoversten said the Commons are different from City Parks as anyone can use the Parks but the Commons are licensed to a specific group of use only. Hoversten said the Dock Fund budget in 2024 needs to be adjusted to reflect tree removal in the Commons areas and rip rap cost increases in order to not have to do a shock adjustment in future years. Hoversten said projects reflect current financial realities and the Council needs to make an adjustment and to make sure reserves don't go negative. Hoversten said this is a Policy decision for the Council; should the general fund cover costs or the dock fund and how aggressive the Dock Fund costs should be allocated to the dock program. Hoversten said the Ehlers analysis is long-term and a predictable fee schedule profile. McEnaney said at some point there will be no more rip rap to do and it last 30 years and the trees will be removed so won't the costs become stable? Hoversten and the Council said there is inflation and maintenance costs which will increase. Hoversten said the Council has the opportunity to address these immediate cost increase drivers and make fee adjustments in future years. Hoversten said the options presented by Ehlers will bring consistency and dock program participants will know what to expect regarding fees year to year. Kvilvang said over next the next five years the Dock Fund will be able to cover dock program costs and decisions on fees will be made by the Council every year. 2552 Mound City Council Minutes — October 24, 2023 Kelly said the Docks and Commons Commission (DCC) meets on Thursday and the policy direction from the Council will allow the DCC to have a robust discussion on fees. Kelly said staff have been working for many years on containing Dock Program costs and this has been sufficient but isn't sustainable. Kelly added the Dock Program is an amenity to the residents. Holt said he had learned that people stay in town because of benefit of the dock program and people move to Mound due to the Dock Program and the opportunity to get on the lake. Holt said he doesn't want to nail dock program participants but at the same time staff costs and tree removal costs need to be paid for by the Dock Program now or in the coming years. Larson said the Council needs a workshop to discuss Dock Program fee policy. Larson added there are a number of items in the Dock Fund budget and wondered if other Council Members looked the budget. Larson again requested a workshop to discuss if the users of city property should pay for costs incurred on city property or should it be paid for by the general tax payer. Larson said the general tax payer should fund these costs and not a select group. Holt asked Larson what is a fair amount of fees for a dock. Larson said the dock program is not an enterprise fund and the lakeshore is owned by the City of Mound. Hoversten said the riparian right is acquired and some are platted as commons, act like parcels, some of the slips are in dedicated parks and some dock sites are in platted, unopened rights of way. Hoversten there is right of use by the City and there is land which is in fee title to the adjacent property owner. Hoversten said street ends also hold dock program sites. Larson said the City of Mound operates the largest municipal dock program in the state and permits up to 637 boats on Lake Minnetonka. Larson continued reading "thanks to the developers a hundred years ago and they created... linear access ways to the commons... to allow all residents the chance to enjoy the lake." Larson said the tree removal costs were $6K in 2020 and were budgeted for trees but what is proposed is for $60K in tree removal in 2024. Larson said the people who use the City parks are not charged for the use and the Council needs to move forward with a philosophy on paying for costs incurred on public spaces. Larson said the Dock Program has $398K in reserves in the 2022 budget. Holt said he pays for the dock program but not for going to use a park. Holt said everyone in the City can use the park but not the dock program land. Holt said the budget committee has discussed this and that the City Council can disagree about the policy of dock program participants paying for the costs of land in the dock program. Larson said it is so unfair that dock licensees are paying for these costs and are more like renters such as people renting the depot. Larson said should the depot renters pay for all the expenses of the depot. Larson said a former finance employee of the City worked on eliminating assessments in the City because it was her philosophy that they are City owned streets and that it is not fair for only property owners to pay for the total improvement. Discussion ensued about the City street assessment history and equitability. Discussion ensued on how previous City Councils were forced to make finance decisions in the past due to immediate infrastructure issues and to move from assessments to debt will allow for 15 years of street repairs. 2553 Mound City Council Minutes — October 24, 2023 Larson went through the itemized Dock Fund budget and costs incurred via vehicle use and other costs. Hoversten said the data analysis by Ehlers is to give the City choices and options to respond to cost increases and to retain reserves. Hoversten said there is a Hennepin County tree grant which is $75K and is being used currently for tree removal. Castellano said this is a user fee discussion of the Council and the Ehlers analyses are both good options. Holt said there is $400K in reserves now and said in 2027 there will be negative reserves if fees aren't increased. Hoversten said the tree removal costs are estimated at $60K and are forecasted in the model. Hoversten said 1/8th of the parks crew's allocated costs are to the dock program. Castellano said the options are a plan and at least the Fund won't be negative. Hoversten said the Council can set up a model. Hoversten said there will be increased costs due to inflationary costs with the tree removal costs being a new calculation. Pugh said there are a lot of work going into the docks and the docks are an amenity. Castellano said people who choose to not use a dock shouldn't have to pay for my access to a dock which he chooses to keep. McEnaney and Castellano both said that Options 1 and 2 are good ways to correct the funding problem. Hoversten said there is a targeted $200K fund reserve in the Dock Fund due to the lack of insurance for the dock infrastructure and this is the estimated expense to replace the infrastructure. Hoversten said the Commons are a special benefit to participants of the dock program and practice is for dock program participants to get exclusive use of the dock areas. Holt said he likes Option 1 and raise it a little bit and to answer Larson this meeting is a Council workshop discussion. McEnaney said she appreciates the dock program and it is a benefit that is well appreciated and the people benefiting from the dock program wouldn't mind paying a higher fee to continue to benefit from the dock program. Pugh said the Dock Program is a huge amenity and none of the other cities on the lake have what we have and it is a benefit to allow inland residents access to the lake. Pugh said people pay for amenities like the Dock Program and it is undercharged. Pugh said she has done budgets for many years and a budget is an allocation for certain activities. Pugh said the budget is not hiding anything. Pugh said the lake has other issues which affect the dock program. Pugh said she would like to move forward and give the staff direction. McEnaney said she is okay with option 1. Castellano said he is okay with Option 1 or 2 and there is inflation and it is not unreasonable. Castellano said fee increases were mentioned at the September DCC meeting and Fee Increases is on the agenda for the Thursday DCC meeting. Holt said he was for Option 1. Pugh said she was for either Option 1 or 2. MOTION by Castellano, seconded by Pugh to give staff direction to finalize Option 1. McEnaney, Pugh, Castellano and Holt voted in favor. Larson voted no to the motion. Motion passed 4-1. 2554 Mound City Council Minutes — October 24, 2023 Hoversten said the next item is to continue the utility fund recommendation brought forward from the previous meeting which is Ehlers' bringing forward the Sewer, Water and Stormwater study proposal. Hoversten said staff does not have the capacity to do this work. Hoversten said he recommends the Council go forward with the sewer and water study while the stormwater rates could be indexed without the need for a study. Castellano said two of the funds are in deficit and they will pay for themselves and residents would appreciate rates being based on use of their usage. Holt said there will be a flat base increase but the study could look at tiering rates based on use on top of the base fees that all users pay. Kvilvang said they will have user data to analyze and determine to usage rates as part of the study. Holt said the rate study will provide the data for the reasons for the needed rate changed. Hoversten and Holt said there is a need for more revenue to bring the funds back into a healthy state and the Council will decide how to distribute these funds and whether to incentivize residents to not use too much water. Hoversten said the study will be done in early 2024 and the rate changes will take place in 2025. McEnaney said the Council needs to make a decision and the Ehlers study cost for service is high. Castellano said he is in favor of a rate study and is in favor of Option 1. McEnaney said she is in favor of doing the rate study. Hoversten said the commercial accounts in the City are paying more for stormwater fees as their rates are based on the acreage they own. Hoversten said revenue can be had in indexing stormwater demand. Holt said he is in favor of doing the water and sewer study in order to save costs and to use a tiered approach to water/sewer use. Holt said there is a not to exceed limit of $22K for the study. Motion by Castellano, seconded by Pugh, for Ehlers to approve Ehlers to complete the water and sewer rate study. All voted in favor. Motion passed. 10. Approve an Ordinance Amending Appendix B of the Mound City Code as it Relates to Street Naming; Rename Auditors Road to Harbor Place It said he attended the ground melding ceremony at the Artessa site and residents approached him requesting the name change. Hoversten said the residents of Artessa were surveyed about the renaming of Auditors Road which is now not a cut through street due to the Artessa project and the future park. Hoversten said the residents chose Harbor Place for the street name which will end at the western edge of the Artessa property. Hoversten said this is the same process which was used to change the name of Brighton Commons to Julia Way. Hoversten said there would be no cost to the City for this process. Pugh said she would like to table this discussion because the Parks Commission hasn't resolved the name for the new park. Pugh said she would like to have a community conversation to name the proposed park as it is worked through the Parks Commission and the Council. McEnaney said is there any historical reason for the name of the road. Hoversten said the name was made after the original plats at the time which was the Auditors Subdivision. 2555 Mound City Council Minutes — October 24, 2023 Castellano said the short street doesn't connect to the park. McEnaney said she would like to wait to change the name. Landsman said Larson has a property interest in the general area and has recused herself from this discussion but can participate as a member of the public. Paula Larson, 5713 Lynwood Blvd., said she thinks the name change is premature and understands the need for a more inviting name. Larson said she would like the Parks Commission and a public hearing weigh in on the name change. Larson said Marion Lane in this area was named after the wife of a former Mayor of Mound. MOTION by Holt, seconded by Pugh, to table the following Ordinance. McEnaney, Pugh, Castellano and Holt voted in favor. Larson abstained. Motion carried. ORDINANCE NO. - 2023: AN ORDINANCE AMENDING APPENDIX B OF THE MOUND CITY CODE AS IT RELATES TO STREET NAMING 11. Communication Strategy and Social Media Policy Approval Reisdorf presented the consideration of the approval of the City communication policy and a review of the social media policy. Reisdorf said communication is used to connect with residents and includes community information and news. Reisdorf said the City currently communicates through the City Newsletter and website, local newspaper content, RAVE notices and emailed information. Reisdorf said the communication strategy document has been reviewed by McEnaney, Holt and herself and establishes a City Communication Philosophy and the short and long-term goals for communication for the City. Reisdorf listed the short-term communication goals of the City: • Add a social media presence • Revamp the city website • Add text and email notification • Monitor for any new tools to arrive Long-term goals: • Hire a dedicated staff to do communication duties Reisdorf said the communication policy should be reviewed on an at least annual basis. Reisdorf said staff are welcoming feedback on the document. Reisdorf presented the proposed City Social Media Policy which will be used to encourage citizen involvement and feedback. Reisdorf said the City created a social media policy on how to use it, what it would be used for and to ensure proper administration of the site. Reisdorf said the Policy is a guiding document and governs the use and scope of social media use, definitions, and emergency use and data practices situations as they arise. Reisdorf said social media will be used for general communication and will not be used for official City business unless in an emergency. Reisdorf said the City will limit social media initially to Facebook with a You Tube channel which will allow the City to move away from the Lake Minnetonka cable commission recoding website. irU 2556 Mound City Council Minutes — October 24, 2023 Reisdorf said there will be rules for use and on how specific use will be handled including inappropriate comments. Reisdorf recommends approval of the City Social Media Policy. McEnaney said she would like to go full steam ahead. Holt said he agreed to move ahead. Reisdorf said she has experience with social media sites and starting an official City Facebook page and You Tube sites. Holt said the goal is to start using the social media slowly and do more as time goes on. MOTION by Castellano, seconded by McEnaney, to approve the following policy. All voted in favor. Motion carried. ADMINISTRATIVE POLICY NO. ADM-013: SOCIAL MEDIA POLICY 12. Water Treatment Plant Funding Update Holt said he and Hoversten met with State Senator Kelly Morrison and the Minnesota Senate Capital Investment Committee Chair Sandra Pappas. Holt said there is a potential breakthrough but the funding verbiage needs to be corrected in the legislation for the funds to be released. Hoversten said State Representative Andrew Myers in the Minnesota House needs to re -introduce the capital investment legislation which opens up the entire funding process in the State Legislature. Hoversten said the City needs to spend the money now at current costs and get the project moving forward. Hoversten said the nature of the preliminary work is by a different set of contractors at this stage of the project. Hoversten said the water treatment plant funding was a cash allocation and not bonded. Hoversten said because it was cash only there will only be a simple majority vote needed for passage. Hoversten added they put in a good pitch for the rest of the dollars needed to fund the entire water treatment plant project. Holt said the legislature starts its work in February. Holt said to get future funding the City needs to show it is spending funds on its projects. Hoversten said the City will itemize the funds to show the historical work the City has done on the water infrastructure. Holt said Myers wrote a letter of support for the water treatment project in order for the project to get on the Governors fully funded project list. Holt said he was asking for permission for a similar letter from the City and signed by the Council to be sent to Governor Walz. Holt said he could have the letter ready for the next Council meeting. The Council members agreed to the letter of support which will be reviewed at the next Council meeting. Hoversten said Myers is working hard on behalf of the City on this project. Holt said he and Hoversten spoke to Senator Pappas about the additional need going forward for the funds to do the water treatment plant. X. Comments/Reports from Council Members: Council Member Pugh — Pugh said she went to the Gillespie Center Fundraiser and there is a Gillespie Center Board Meeting this week. Council Member Larson — Nothing Council Member McEnaney — McEnaney said the City looks pretty with the lights and decorations in place. McEnaney said the Shop Local campaign information is ready and does the Council want to start the promotion at tree lighting event. McEnaney said the material could be handed out to residents and businesses at the tree lighting on Saturday. McEnaney said the Mound Fire Department will do a 11 2557 Mound City Council Minutes — October 24, 2023 procession through the cities it serves prior to the tree lighting. McEnaney added that the Hot Spot business shop Grand Opening event will be held on Thursday. Council Member Castellano — Castellano said the City Manager interview is scheduled for September 29th at 6:00 p.m. with candidates meeting with City staff prior to the interview. Hoversten said if there questions about the interview contact Pat Melvin from DDA. Mayor Holt — Holt said the Walgreens parking lot has been striped. Hoversten said there is landscaping done as well at Walgreen's. Holt added the neighborhood Santa procession sponsored by the Westonka Community and Commerce will be held on Saturday the 18th. Holt mentioned the Hennepin County District 6 election contest which will be held in the spring of 2024. Y. Information/Miscellaneous A. Comments/reports from Council members/City Manager: • November 18 - Tree Lighting Event • November 23, 24 - City Hall closed for Thanksgiving • Winter Parking Begins November 15th B. Reports: Harbor Wine and Spirits — October 2023 C. Minutes: D. Correspondence: LMCD Board Community Representative Terms Announcement WeCAB Volunteer and Assistance Letter Z. Adjourn MOTION by Castellano, seconded by Pugh, to adjourn at 10:21 p.m. All voted in favor. Motion carried. Attest: Kevin Kelly, Clerk Mayor Jason R. Holt 12 2558 n 2415 WILSHIRE BOULEVARD • MOUND, MN 55364-1668 • PH: 952-472-0600 • FAX: 952-472-0620 • WWW.CITYOFMOUND.COM Date: November 28, 2023 To: Honorable Mayor and Council Members From: Kevin Kelly, City Clerk Subject: Docks and Commons Commission Re -Appointments The term of Commissioners Jesse Jensen and David Olson are up at the end of 2023. Both Jensen and Olson have indicated their interest in being reappointed for three-year terms which would run through 2026. Mr. Olson has just completed his first term and has been serving on the Docks and Commons Commission as a Non -Abutter representative since 2020. Mr. Jensen was appointed by the DCC in 2023 to complete the last year of a vacated seat as an Abutter representative. The City's past practice has been to re -appoint current members of commissions who volunteer to return to their Commission posts. Staff recommends Mr.'s Olson and Jensen re -appointment to the DCC to fill the terms beginning 1/1/24 and expiring 12/31/26. 2559 nAAL 10. CITY OF MOUND 2415 WILSHIRE BOULEVARD • MOUND, MN 55364-1668 • PH: 952-472-0600 • FAX: 952-472-0620 • WWW.CITYOFMOUND.COM MEMORANDUM Date: November 28, 2023 To: Mayor and City Council From: Kevin Kelly, Administrative Services Coordinator/City Clerk Subject: Dock Map Addendum Review and Update The Docks and Commons Commission unanimously approved the following change to the Official Dock Map Addendum at the November 16, 2023 DCC Meeting: 2023 Dock Location May Recommended Change Lan Abutt d / Typ Commons Site Quad Quad Abutting Rec # Non e Name # Name # Address Misc. Information 2006 123 Shorewood Remove at non -renewal due to 49 n D Beachside 30 TP 1 Lane private property setbacks. This amendment to the Dock Map Addendum (DMA) is housekeeping in nature and corrects an oversite in not removing the location from the DMA. The Beachside Dock Site #12330 has been flagged in the Dock Map Addendum as a site to remove due to private property setbacks. This site has not been in use for many years as the former license holder gave up his license at the end of 2018. This change to the Dock Map Addendum reflects the present dock situation at Beachside and had been earmarked for removal. Please contact me with any questions regarding this matter. 2560 FAM MINNESOTA DEP R-ENT OF PUBLIC SAFETY 1 Name of organization NorthwestTonka Lions Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE NOV 21 2023 CITY OF MOUND Date organized Tax exempt number 11-10-1953 1-6038120 Address _ City State Zip Code P.O. Box 201 Mound MN 55364 Name of person making application rc H. Doepner-Hove Business phone Home phone 952-491-8221 952-472-2247 Date(s) of event Type of organization ❑ Microdistillery ❑ Small Brewer Sunday January 21 2024 ❑X Club ❑ Charitable ❑ Religious ❑ Other non-profit Organization officer's name City State Zip Code Poe Morimoto (President) aconia MN —155387 Organization officer's name City State Zip Code MN Organization officer's name Location where permit will be used. If an outdoor area, describe. City State Zip Code MN Northwest Tonka Lions annual Chili Bowl Cookoff at the Gillespie Center: 2590 Commerce Blvd, Mound, MN 55364. This event will be from 11:00 a.m, to 3:00 p.m. and will only be indoors in the main room. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Secura Insurance Companies: 1500 Mutual Way PO Box 819 Neenah, WI 54912-0819 Policy #CP3336499 Coverage $1,000,000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT �f.6 0 �, g0kAC j /-a(— �o �3 Citp or County approving the license Date Approved -S—O, 00 /—ar-20o7y Fee Amount ( Permit Date a �eC'�7 ,-"7Z) U "e'l, Cow Date Fee Paid City or County E-mail Address Sd-- L11-7 -,-D 6 (_? e ` Cityor County & �� be / C V �J Signature City Clerk cr County Official Please Print Name of City Clerk or County Official CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGEJEMPORARYAPPLICATION @STATE.MN.US 2561 BOLTON & MENK Real People. Real Solutions. November 22, 2023 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound. MN 55364 RE: 2023 Lift Station Improvements City Project No. PW-23-03 Misc. Pay Request Dear Mr. Hoversten: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: (952) 448-8805 Bolton-Menk.com Please find enclosed a miscellaneous Pay Request from Create Construction for work completed on the Scherven lift station generator replacement and forcemain related projects on November 19, 2023. We have reviewed the contractor's request, verified quantities, and recommend payment in the amount of $4,809.00 to Create Construction. Sincerely, Bolton & Menk, Inc. Matthew S. Bauman, P.E. Assistant City Engineer Bolton & Menk is an wrm"Ma . [p3 Creating Complete and Creative Solutions Name / Address Invoice Invoice # EDa'e /2023 73443 P.O. No. Terms Description Qty Cost Total 2518 Lakewood In extra garbage can pad as requested by the city previously approved work at 2518 Lakewood and 4518 Island View Dr 1 1 50.00 4,759.00 50.00 4,759.00 Total $4,809.00 Payments/Credits $0.00 Balance Due $4,809.00 2563 T BOLTON & MENK Real People. Real Solutions. November 22, 2023 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound. MN 55364 RE: 2023 Lift Station Improvements City Project No. PW-23-03 Pay Request No. 2 Dear Mr. Hoversten: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph:[9521448-8838 Fax:[9521448-8805 Bolton-Menk.com Please find enclosed Pay Request No. 2 from Minger Construction for work completed on the 2023 Lift Station Improvements Project from September 26, 2023 through November 13, 2023. We have reviewed the contractor's request, verified quantities, and recommend payment in the amount of $377,887.82 to Minger Construction. Sincerely, Bolton & Menk, Inc. Matthew S. Bauman, P.E. Assistant City Engineer Bolton & Menk is an CONTRACTOR'S PAY REQUEST BOLTON DISTRIBUTION: 2023 LIFT STATION IMPROVEMENTS QD & MEN K CONTRACTOR (1) OWNER (1) Real People. Real Solutions. ENGINEER (1) CITY OF MOUND, MN - PW-23-03 BMI PROJECT NO. OC1.128296 TOTAL AMOUNT BID PLUS APPROVED CHANGE ORDERS $842,655.98 TOTAL, COMPLETED WORK TO DATE $607,476.65 TOTAL, STORED MATERIALS TO DATE $0.00 DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED $0.00 TOTAL, COMPLETED WORK & STORED MATERIALS $607,476.65 RETAINED PERCENTAGE ( 5.0% ) $30,373.83 TOTAL AMOUNT OF OTHER PAYMENTS OR (DEDUCTIONS) $0.00 NET AMOUNT DUE TO CONTRACTOR TO DATE $577,102.82 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES $199,215.00 PAY CONTRACTOR AS ESTIMATE NO. 2 $377,887.82 CERTIFICATE FOR PARTIAL PAYMENT I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the contract amount for the period covered by this Estimate. Contractor: Minger Construction 620 Corporate Dr Jordan, MN 55352 By /� g" Project Manager Name Title Date 11/22/23 CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: ENGINEER: BOLTON & MENK, INC., 2638 SHADOW LANE, STE 200, CHASKA, MN 55318 By��yp — CONSULTING ENGINEER Date 11 /22/2023 APPROVED FOR PAYMENT: OWNER: By Name Title Date And Name Title Date 2565 Pay Request No.: 2023 LIFT STATION IMPROVEMENTS CITY OF MOUND, MN BMI PROJECT NO. OCI A28296 WORK COMPLETED THROUGH MONDAY, NOVEMBER 13, 2023 2 ®BOLTON & MENK Real People. Real Solutions. ITEM NO. ITEM UNIT PRICE AS BID PREVIOUS ESTIMATE COMPLETED TO DATE ESTIMATED QUANTITY ESTIMATED AMOUNT ESTIMATED QUANTITY ESTIMATED AMOUNT ESTIMATED QUANTITY ESTIMATED AMOUNT 1 MOBILIZATION $40,000.00 1.00 LS $40,000.00 0.25 LS $10,000.00 0.50 LS $20,000.00 2 TRAFFIC CONTROL $19,000.00 1.00 LS $19,000.00 0.25 LS $4,750.00 0.90 LS $17,100.00 3 TEMPORARY IMPACT ATTENUATOR $3,000.00 2.00 AMBY $6,000.00 1.00 AMBY $3,000.00 2.00 AMBY $6,000.00 4 SALVAGE LIFT STATION EQUIPMENT, CONTROL PANEL & GENER $10,195.00 1.00 LS $10,195.00 0.00 LS $0.00 0.25 LS $2,548.75 5 SALVAGE & REINSTALL SIGN $500.00 3.00 EA $1,500.00 0.00 EA $0.00 1.50 EA $750.00 6 SALVAGE GRAVITY BLOCK RETAINING WALL $28.00 90.00 SF $2,520.00 0.00 SF $0.00 136.00 SF $3,808.00 7 REMOVE CONCRETE PAD $3.00 58.00 SF $174.00 0.00 SF $0.00 0.00 SF $0.00 8 REMOVE CONCRETE CURB & GUTTER (ANY SIZE) $6.00 160.00 LF $960.00 0.00 LF $0.00 51.00 LF $306.00 9 REMOVE BITUMINOUS PAVEMENT (DRIVEWAY) $10.00 160.00 SY $1,600.00 0.00 SY $0.00 0.00 SY $0.00 10 REMOVE SANITARYSEWER $22.00 25.00 LF $550.00 0.00 LF $0.00 0.00 LF $0.00 11 IREMOVE DRAINAGE STRUCTURE $650.00 1.00 EA $650.00 0.00 EA 0.001 1.00 EA $650.00 12 REMOVE STORM SEWER PIPE $17.00 40.00 LF $680.00 0.00 LF $0.00 40.00 LF $680.00 13 ABANDON EXISTING LIFT STATION & WET WELL $19,000.00 1.00 LS $19,000.00 0.00 LS $0.00 0.00 LS $0.00 14 ABANDON SANITARY FORCEMAIN PIPE $4.00 1,685.00 LF $6,740.00 0.00 LF $0.00 0.00 LF $0.00 15 8" PVC SEWER, SDR 26 $208.00 100.00 LF $20,800.00 0.00 LF $0.00 46.00 LF $9,568.00 16 6" DIP FORCEMAIN, CL. 52 (OPEN CUT) $120.00 95.00 LF $11,400.00 0.00 LF $0.00 95.00 LF $11,400.00 17 6" HDPE DR 11 DIPS (DIRECTIONAL DRILL) $68.00 1,485.00 LF $100,980.00 0.00 LF $0.00 1,485.00 LF $100,980.00 18 DUCTILE IRON FITTINGS $21.00 450.00 LB $9,450.00 0.00 LB $0.00 300.00 LB $6,300.00 19 CONNECT TO EXISTING SANITARY MANHOLE $4,250.00 3.00 EA $12,750.00 0.00 EA $0.00 2.00 EA $8,500.00 20 CONNECT TO EXISTING SANITARY SERVICE $2,266.00 1.00 EA $2,266.00 0.00 EA $0.00 0.00 EA $0.00 21 48" SANITARY SEWER MANHOLE $675.00 14.14 LF $9,544.50 0.00 LF $0.00 0.00 LF $0.00 22 JAIR RELIEF MANHOLE $21,500.00 1.00 LS $21,500.00 0.00 LS $0.00 1.00 LS $21,500.00 23 MAINTENANCE MANHOLE $27,000.00 1.00 LS $27,000.00 0.00 LS $0.00 1.00 LS $27,000.00 24 ADJUST CASTING $1,200.00 1.00 EA $1,200.00 0.00 EA $0.00 0.00 EA $0.00 25 MANHOLE SCRUBBER $1,065.00 2.00 EA $2,130.00 0.00 EA $0.00 2.00 EA $2,130.00 26 4" POLYSTYRENE INSULATION $106.00 4.00 SY $424.00 0.00 SY $0.00 0.00 SY $0.00 27 LIFT STATION AND VALVE VAULT $203,000.00 1.00 LS $203,000.00 0.90 LS $182,700.00 0.90 LS $182,700.00 28 ELECTRICAL CONSTRUCTION $22,646.00 1.00 LS $22,646.00 0.00 LS $0.00 0.00 LS $0.00 29 8" CONCRETE GENERATOR PAD & CONTROL PANEL PAD $22.00 415.00 SF $9,130.00 0.00 SF $0.00 0.00 SF $0.00 30 BYPASS PUMPING $9,200.00 1.00 LS $9,200.00 0.00 LS $0.00 0.00 LS $0.00 31 AGGREGATE BEDDING $50.00 50.00 TON $2,500.00 0.00 TON $0.00 0.00 TON $0.00 32 4" PERF PVC DRAIN WITH AGGREGATE $15.00 65.00 LF $975.00 0.00 LF $0.00 65.00 LF $975.00 33 4" PVC CLEANOUT $500.00 1.00 EA $500.00 0.00 EA $0.00 1.00 EA $500.00 34 15" RC PIPE CLASS V SEWER PIPE $160.00 40.00 LF $6,400.00 0.00 LF $0.00 40.00 LF $6,400.00 35 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4022 $900.00 8.61 LF $7,749.00 0.00 LF $0.00 9.00 LF $8,100.00 36 CONNECT TO EXISTING STORM SEWER $3,000.00 3.00 EA $9,000.00 0.00 EA $0.00 3.00 EA $9,000.00 37 COMMON EXCAVATION (EV) (P) $37.00 475.00 CY $17,575.00 250.00 CY $9,250.00 475.00 CY $17,575.00 38 EXPLORATORY EXCAVATION $600.00 10.00 HR $6,000.00 0.00 HR $0.00 12.10 HR $7,260.00 39 SUBGRADE EXCAVATION (EV) $36.00 50.00 CY $1,800.00 0.00 CY $0.00 50.00 CY $1,800.00 40 SUBGRADE EXCAVATION REPLACEMENT MATERIAL $30.00 80.00 TON $2,400.00 0.00 TON $0.00 0.00 TON $0.00 41 GEOTEXTILE FABRIC (CLASS V) $9.00 100.00 SY $900.00 0.00 SY 0.001 0.00 SY $0.00 42 AGGREGATE BASE, CL.5 $110.00 100.00 CY $11,000.00 0.00 CY $0.00 50.00 CY $5,500.00 43 CONCRETE CURB AND GUTTER (ANYTYPE) $51.00 190.00 LF $9,690.00 0.00 LF $0.00 0.00 LF $0.00 44 6" CONCRETE DRIVEWAY(W/6" CL.5 AGG BASE) $29.00 104.00 SF $3,016.00 0.00 SF $0.00 0.00 SF $0.00 45 BITUMINOUS PATCH (COUNTY ROAD) $143.00 550.00 SY $78,650.00 0.00 SY $0.00 248.44 SY $35,526.92 46 BITUMINOUS CURB $14.00 75.00 LF $1,050.00 0.00 LF $0.00 51.00 LF $714.00 47 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIX (2,B) $155.00 80.00 TON $12,400.001 0.00 TON $0.00 0.00 TON $0.00 48 4" SOLID LINE PAINT $1.00 400.00 LF $400.001 0.00 LF $0.00 0.00 LF $0.00 49 4" DOUBLE SOLID LINE PAINT $2.00 200.00 LF $400.001 0.00 LF $0.00 0.00 LF $0.00 50 BOLLARD GUARD POST $680.00 3.00 EA $2,040.001 0.00 EA $0.00 0.00 EA $0.00 H WOUNUC11282ANA CwctmcbmU) Pay A(pllcafion UC>.>28296 PWAppllcaflw No 2xom 2 P 11292023842 AM Pay Request No.: 2023 LIFT STATION IMPROVEMENTS CITY OF MOUND, MN BMI PROJECT NO. OCI A28296 WORK COMPLETED THROUGH MONDAY, NOVEMBER 13, 2023 ®BOLTON & MENK Real People. Real Solutions. ITEM NO. ITEM UNIT PRICE AS BID PREVIOUS ESTIMATE COMPLETED TO DATE ESTIMATED QUANTITY ESTIMATED AMOUNT ESTIMATED QUANTITY ESTIMATED AMOUNT ESTIMATED QUANTITY ESTIMATED AMOUNT 51 INSTALL GRAVITY BLOCK RETAINING WALL $45.00 90.00 SF $4,050.00 0.00 SF $0.00 136.00 SF $6,1207 52 GRAVITY BLOCK RETAINING WALL $78.00 732.00 SF $57,096.00 0.00 SF $0.00 932.25 SF $72,715.50 53 ORNAMENTAL FENCE $366.00 45.00 LF $16,470.00 0.00 LF $0.00 0.00 LF $0.00 54 HYDRAULIC MULCH WITH SEED MIXTURE 25-151 $4.00 600.00 SY $2,400.00 0.00 SY $0.00 1,616.00 SY $6,464.00 55 EROSION CONTROL BLANKET CAT 20 W/ MNDOT SEED MIXTURE $4.00 700.00 SY $2,800.00 0.00 SY $0.00 0.00 SY $0.00 56 TOPSOIL BORROW LV $10.00 250.00 CY $2,500.00 0.00 CY $0.00 0.00 CY $0.00 57 INLET PROTECTION $145.00 11.00 EA $1,595.00 0.00 EA $0.00 11.00 EA $1,595.00 58 BIOLOG $4.00 400.00 LF $1,600.00 0.00 LF $0.00 400.00 LF $1,600.00 59 LANDSCAPE ALLOWANCE $3,000.00 1.00>LLOWANCE $3,000.00 0.00>LLOWANCE $0.00 0.00>LLOWANCE $0.00 EWi WATER SERVICE REPAIR $3,710.48 1.00 LS $3,710.48 0.00 LS $0.00 1.00 LS $3,710.48 0 0 TOTAL AMOUNT: $842,655.98 $209,700.00 $607,476.65 H:IMOUNUC]4289EJ CanaYmaOwID Pey A(pllae0on506/428296 Pe/Appllae0w No 2xlsm 2JE f3 44292023842 AM MEH 3iK CITY COUNCIL INTRODUCTION REPORT TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director; Rita Trapp, Planning Consultant DATE: November 21, 2023 SUBJECT: Concept Presentation as Council Introduction LOCATION: 5581 Shoreline Drive APPLICANT/OWNER: Colin Charlson COMPREHENSIVE PLAN: Mixed Use ZONING: Mixed Use Downtown As established in City Administrative Policy No. 012 Development Application Review Procedures and directed by the City Council at its October 24, 2023 meeting, the City Council will be receiving a concept presentation from Colin Charlson for a proposed improvement at 5581 Shoreline Drive in Downtown Mound as a Council Introduction. The proposed concept involves the acquisition and combination of an outlet owned by the City, generally called Outlet B, with the existing property at 5581 Shoreline Drive. Outlet B was created in 2020 by the City of Mound through the platting of Mound Harbor. Outlet B was intended to be combined with adjacent parcels as part of a future development project. As an outlet, no use or buildings can occur without platting. The applicant has indicated an interest in improving the existing structure for professional office purposes. The additional land will be used to construct a sidewalk and ramp to provide ADA accessibility to the building. The addition of Outlet B to his existing property would also enable the installation of a monument sign for the 5581 Shoreline building. The applicant has provided the attached renderings to illustrate the intended improvements. As Council members are aware, the purpose of the Council Introduction is to provide City Council members the opportunity to review the basic elements of the proposed project and to provide direction about any refinements or issuesthat should be researched or addressed prior to making a formal application. Therewill be no formal motions or votes. This discussion does not include consideration of the proposed purchase offer for Outlet B as that is to be discussed by the City Council as a separate item. 2568 As this is a concept presentation as a Council Introduction, Staff will not be summarizing the concept, making a recommendation, or making a presentation. Staff did send property owners within 350 feet an informational letter on November 17, 2023 informing them of the Council Introduction and notifying them of the opportunity to provide comment at the meeting which is a requirement in Administrative Policy No. 012. 2569 +.� d INC: t 1 t ti 2415 Wilshire Boulevard Mound, MN 55364 (952)472-0604 11 11 0 C : 1 I M To: Honorable Mayor and City Council From: Eric Hoversten, City Manager -Director of Public Works; Sarah Smith, Community Development Director Date: November 21, 2023 Re: Property Owner Submittal of Proposed Purchase Agreement for Outlot B, Mound Harbor for City Council Discussion Summary Colin Charlson of 4C's Equity LLC, the property owner at 5581 Shoreline Drive in Mound, on November 14, 2023, submitted an unsolicited purchase agreement to acquire the property known as Outlot B, Mound Harbor for Council and will be present at its November 28' meeting to discuss the offer with the City Council. The property at 5581 Shoreline Drive abuts Outlot B on the west side. The property, which is currently vacant, is located at the intersection of Commerce Boulevard and Old Shoreline Drive. Mr. Charlson is interested in purchasing Outlot B as part of a building remodel project at 5581 Shoreline Drive to construct a sidewalk/ramp for accessibility/access and a monument sign on the outlot. Staff is respectfully requesting City Council discussion at the November 28' meeting and offers the following options for the City Council to consider with regard to the submitted offer for purchase from Mr. Charlson: 1. Request the purchase agreement regarding the possible sale of City land be reviewed by the Planning Commission for a determination of its consistency with the comprehensive plan at its Tues., December 5th meeting. 2. Reject the purchase agreement 3. Table the purchase agreement for further discussion and future action 2572 [a1I:TOfM1 19a7,Ce 11104a1ulDo`0Y (0.19-acre site - Mound, MN) This Purchase Agreement (the "Agreement") is made as of November 13, 2023, 2023 (the "Effective Date"), between The City of Mound, a Minnesota municipal corporation (the "Seller"), and Four C's Equity, LLC, a Minnesota limited liability company, and/or its permitted assigns ("Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: ' 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy and accept from Seller, the following property on and pursuant to the terms and conditions herein set forth: an approximately 0.19 acres of land located in Mound, MN (the "City") and legally described on Exhibit A attached hereto and made a part hereof, together with all privileges, rights, easements, hereditaments and appurtenances thereto belonging and all right, title and interest of Seller in and to any streets, alleys, passages and other rights of way included therein or adjacent thereto (before or after the vacation thereof) and together with all improvements located therein (collectively the "Property"). Buyer shall purchase and take the Property from Seller, and Seller shall sell and convey the Property to Buyer, upon, and subject to, the terms and conditions herein set forth. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be the amount of $50.000.00 dollars. The Purchase Price shall be payable as follows: 2.1 Notwithstanding any contrary provision herein, it shall be a condition precedent to the effectiveness of this Agreement that, within five (5) days of the execution and delivery of this Agreement, Buyer shall deposit with Executive Associates Title, 3525 Plymouth Boulevard, Suite 107, Plymouth, MN 55447 (the "Title Company") the sum of One Thousand and five hundred Dollars ($1,500.00) (the "Initial Deposit") as earnest money (together with the interest and income thereon, the "Earnest Money"), which shall be held by the Title Company, in accordance with the terns of this Agreement. 2.2 At the Closing (as hereinafter defined), the amount calculated by subtracting the Earnest Money from the Purchase Price shall be paid by Buyer to Seller by wire transfer of immediately available funds to Seller's designated account. At the Closing, the Earnest Money shall be disbursed by the Title Company to Seller. Any prorations or credits allocable to Buyer or Seller pursuant to the terms of this Agreement shall be credited against, or added to, the balance of the Purchase Price payable to Seller at Closing, as applicable. 3. Delivery of Seller Documents. It is acknowledged by and between the parties that with the execution of this Agreement Seller will provide copies to Buyer of 3.1 The documents included on Exhibit B: 4. Contingencies. The obligations of Buyer under this Agreement are contingent upon the matters set forth below (collectively, the "Buyer's Contingencies"); 4.1 Due Diligence Period. For a period of thirty (30) days after the Effective Date (the "Due Diligence Period") Buyer shall have the right to (i) review the Seller's Deliverables and further ascertain: (a) the physical and environmental condition of the Property; (b) all other aspects and characteristics of the Property related to redevelopment feasibility and land use, including zoning compliance. 4.1.1 Adiacent Property. Buyer shall have successfully closed on its acquisition of the Adjacent Property. For purposes of this Section, "Adjacent Properties" means the parcel of real property in Hennepin County, Minnesota with PID#: 1311724330015. 2573 4.1.2 li&. By the Closing Date, title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 8. 4.1.3 Seller's Closing Documents. Seller shall have delivered all of the Seller's Closing Documents as defined in Section 5.1 at Closing. 4.1.4 Financing, Buyer shall have obtained financing to complete the transaction contemplated hereby, on terms satisfactory to Buyer in its sole discretion. Buyer shall have the right to terminate this Agreement at any time during the Inspection Period, for any reason, in Buyer's sole discretion, and receive a full refund of the Earnest Money upon delivering written notice to Seller (the "Due Diligence Period Termination Notice"). Should Buyer not terminate this Agreement by delivering a Due Diligence Period Termination Notice prior to 5:00 p.m. on the one hundred and twentieth (30h) day of the Due Diligence Period, Buyer and Seller shall proceed to Closing pursuant to Section 5. 4.2 Seller's performance of the obligations and covenants included in Section 9.3 and Section 9.4. 5. Closing. The closing of the transaction contemplated hereby ("Closing") shall occur on the date mutually agreed to by Seller and Buyer that is within thirty (30) days after the expiration of the Due Diligence Period, or such other date mutually agreed upon in writing by Seller and Buyer. The Closing shall take place at the office of the Title Company as an escrow closing. The date on which the Closing takes place is referred to herein as the "Closing Date." Seller agrees to deliver possession of the Property to Buyer as of the Closing Date, subject to any Permitted Encumbrances included in Section 8.4 of this Agreement. 5.1 Seller's Closine Documents. On the Closing Date, Seller shall execute and deliver or cause to be executed and delivered to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 5.1.1 Deed. A warranty deed (the "Deed") conveying the Property to Buyer, free and clear of all encumbrances, except for the Permitted Encumbrances (as hereinafter defined). 5.1.2 Seller's Affidavit. An affidavit of seller, in customary form, indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Property; that there has been no skill, labor or material famished to the Property at the request of Seller which has not been paid for or, to Seller's knowledge at the request of others (except as otherwise disclosed in writing to Buyer and Seller), for which payment has not been made or for which mechanic's liens could be filed; that there are no unrecorded interests in the Property known to Seller and that, to the knowledge of Seller, except as shown by the Survey (as hereinafter defined), there are no encroachments onto or off of the Property. 5.1.3 FIRPTA Affidavit. A non -foreign affidavit, properly executed, containing such information as is required by Section 1445(b)(2) of the Internal Revenue Code of 1986, as amended, and the regulations thereunder (the "Code"). 5.1.4 IRS Form. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. 2574 5.1.5 Other Documents. All other documents reasonably necessary to transfer the Property to Buyer free and clear of all encumbrances, except Permitted Encumbrances. 5.2 Buyer's Closine Documents. On the Closing Date, Buyer shall execute and deliver or cause to be executed and delivered to Seller the following (collectively, "Buyer's Closing Documents"), all in form and content reasonably satisfactory to Seller: 5.2.1 Title Documents. Such affidavits of purchaser, certificates of real estate value or other documents as may be reasonably required by the Title Company in order to record the Seller's Closing Documents and issue the Owner's Title Policy (as hereinafter defined). 5.2.2 IRS Form, A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. Buyer and Seller shall also jointly execute and deliver to each other and to the Title Company a Settlement Statement, in customary form, prepared by the Title Company. 6. Buyer's Activities. From the period of the Effective Date through the Closing Date (the "Executory Period"), Seller shall allow Buyer, and Buyer's agents and consultants (collectively "Buyer Representatives" and individually a "Buyer Representative") access to the Property without charge upon the following terms and conditions: (a) prior to any access to the Property by Buyer or any Buyer Representative, Buyer shall give not less than one (1) business day notice to Seller and shall permit Seller to have a representative present during all investigations and testing with respect to the Property, (b) Buyer shall not conduct any destructive or invasive investigation or testing without the prior written consent of Seller, which consent shall not be unreasonably withheld, delayed or conditioned, (c) Buyer shall pay all costs and expenses of such investigation and testing, including the cost of any Phase I environmental testing, or Geotechnical testing, (d) Buyer shall repair and restore any damage to the Property caused by or occurring during Buyer's or Buyer Representative's testing or entry upon the Property and return the Property to substantially the same condition as existed prior to such entry, (e) Buyer shall take all commercially reasonable precautions to minimize the extent and duration of any interference with the Seller's use, enjoyment and occupancy of the Property, (f) Buyer shall not permit any mechanic's or materialmen's liens or any other lien to attach to the Property or any portion thereof by reason of the performance of any work by Buyer or any Buyer Representative, (g) Buyer shall maintain and cause each Buyer Representative to maintain liability insurance, in form and content satisfactory to Seller with limits reasonably acceptable to Seller, naming Seller as an additional insured. This Agreement, the terms and conditions of this Agreement, and all information made available by Seller to Buyer in accordance with this Agreement or obtained by Buyer in the course of its investigations and testing of the Property shall be treated as confidential information by Buyer, and, prior to the purchase of the Property by Buyer, Buyer shall prevent its agents and employees, including any Buyer Representative from divulging such information to any third party, except as reasonably necessary to third parties engaged by Buyer for the purpose of analyzing and investigating such information for the purpose of consummating the transaction contemplated by this Agreement, including Buyer's investors or financing partners. Buyer shall indemnify, defend and hold Seller harmless for, from and against any and all claims, liabilities, causes of action, damages, liens, losses and expenses (including without limitation attorney fees and costs) incident to or resulting from or in any way arising out of any of Buyer or any Buyer Representatives' activities on the Property (including without limitation any tests or inspections conducted by Buyer or Buyer Representatives), or from Buyer's breach of its obligations under this Section 6 Notwithstanding the foregoing, Buyer shall not be required to indemnify or hold Seller harmless from costs or expenses resulting from the mere discovery of environmental contamination or other conditions on the Property. Buyer's agreements and indemnity obligations set forth herein shall survive both the C25%hereunder and any cancellation or termination of this Agreement. 7. Prorations. Seller and Buyer agree to the following prorations and allocations of costs regarding this Agreement: 7.1 Title Insurance and Closing Costs. Seller shall pay for the cost of. (i) the Title Commitment and (ii) one-half (1/2) of the reasonable and customary closing fee or charge imposed by any closing agent designated by the Title Company. Buyer shall pay for the cost of: (i) the premiums for the Owner's Title Policy and (ii) one-half (1/2) of the reasonable and customary closing fee or charge imposed by any closing agent designated by the Title Company. 7.2 Deed Tax. Seller shall pay all state deed tax regarding the Deed to be delivered by Seller under this Agreement. 7.3 Real Estate Taxes and Soecial Assessments. Seller will pay all real estate taxes and installments of special assessments payable with the year's real estate taxes which are due and payable in the years prior to the year in which the Closing occurs. Real estate taxes payable in the year in which the Closing occurs, and installments of special assessments payable therewith, shall be prorated based upon a calendar year based upon Closing Date, with the pro -rated amount for the Closing Date being the responsibility of Buyer. Seller shall pay at Closing the balance of a] 1 assessments which are levied as of the Effective Date of this Agreement and Buyer shall assume the obligation to pay all assessments which are levied or become pending on or after the Effective Date of this Agreement. All real estate taxes and installments of special assessments which are payable in the years after the year in which the Closing occurs shall be paid by Buyer. 7.4 Recordine Costs. Buyer will pay the cost of recording the Deed. Seller shall pay the cost of recording all documents necessary to place record title in the condition required by this Agreement. Buyer will pay the cost of recording all other documents 7.5 Attorneys' Fees. Each of the parties will pay its own attorneys' fees. 7.6 Property Assessments. Buyer shall pay the cost of any Phase II Environmental Assessment and property condition assessments of the Property, including Geotechnical Testing, that it may elect to obtain. 8. Title Examination. Title examination will be conducted as follows: 8.1 Title Evidence. Buyer shall have the right to examine the Title Commitment, the Survey and legible copies of all documents referred to in the Title Commitment or Survey as creating exceptions to title (collectively, "Title Evidence"): 8.2 Title Insurance Commitment. Seller will promptly furnish (no later than thirty (30) days after the Effective Date) to Buyer a commitment ("Title Commitment") for an ALTA Form 2006 Owner's Policy of Title Insurance ("Owner's Title Policy"), to be issued at the Closing, insuring title to the Property, in the amount of the Purchase Price, issued by the Title Company. The Title Commitment will include searches covering levied and pending special assessments, legible copies of Schedule B Documents, and will commit the Title Company to insure title to the Property subject only to the Permitted Encumbrances. 2576 8.3 S�ev. Buyer may, at its sole cost, obtain a current ALTA/NPS survey covering the Property certified to Buyer, Buyer's lender and the Title Company containing the level of detail required by 2016 Table A items 1,2, 3, 4, 5, 6(a), 7(a), 8, 9, 11, 16 and 17 (the "Survey) within thirty (30) days after Buyer's receipt of the Title Commitment. 8.4 Buyer's Title Obiections. Within fourteen (14) days after receiving the Survey, Buyer may deliver written objections ("Objections") to the form and/or contents of the Commitment and the Survey. Any Objections based on matters designated on the Survey shall include a copy of the Survey. Any matter shown on the Title Evidence not objected to by Buyer shall be deemed a "Permitted Encumbrance" hereunder. Notwithstanding the foregoing, Buyer shall be deemed to have automatically made Objections to any mortgage, judgment, tax lien, mechanic's lien and any other monetary lien against the Property other than property taxes/assessments not yet due and payable and other than mechanic's liens or similar claims made by vendors or contractors or subcontractors of Buyer (collectively, "Monetary Liens"). Seller will have thirty (30) days after receipt of the Objections (the "Cure Period") to cure such Objections and/or provide notice to Buyer confirming actions that Seller shall perform on or before Closing to cure any such Objections, which future actions to cure, if any, shall thereafter be obligations of Seller under this Agreement (the "Seller's Cure Obligations"). If the Objections are not cured within the Cure Period or Buyer is not satisfied with Seller's Cure Obligations, Buyer may elect any of the following options by providing written notice thereof to Seller and to Title Company: (a) terminate this Agreement within fifteen (15) days after the expiration of the Cure Period. Upon receipt of such notice from Buyer, Title Company shall promptly return the Earnest Money to Buyer. Upon such return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for any covenants hereunder that expressly survive such termination; or (b) with respect to Monetary Liens, proceed to Closing but withhold from payment of the Purchase Price an amount which, in the reasonable judgment of Title Company is sufficient to satisfy the Monetary Liens, and apply such amount in payment and satisfaction of the Monetary Liens. Any amount so withheld shall be placed in escrow with the Title Company. Seller shall pay the cost and expense to create and administer the escrow. If Seller does not cure the Objections relating to such Monetary Liens within forty-five (45) days after such escrow is established, Buyer may then cure such Objections within a reasonable time and charge the costs against the escrowed amount. The parties agree to execute and deliver such documents as may be reasonably required by the Title Company to cure such Objections. Upon cure of such Objections, any unused escrow funds shall be refunded to Seller; or (c) waive the Objections and close the transaction contemplated by this Agreement as if such Objections had not been made, in which event the matters that were the subject of such waived Objections shall be deemed to be Permitted Encumbrances. 9. Representations and Warranties by Seller. Seller represents and warrants to Buyer as of the date hereof as follows: 9.1 There has been no skill, labor or material furnished to the Property at the request of Seller which has not been paid for or, to Seller's knowledge at the request of others for which payment has not been made or for which mechanic's liens could be filed (except as specifically identified in writing by Seller to Buyer). 9.2 Seller represents that there is no tenant under any lease agreement at the Property, nor does Seller know of any other possessory rights by third parries except for the rights of the holders of any easements. 2577 9.3 Except as shown by the Environmental Report, Seller warrants that to its knowledge (i) there are no underground storage tanks on the Property; (ii) there are no known environmental conditions associated with the Property; and (iii) there are no environmental proceedings, applications, petitions, court proceedings, resolutions or investigations, or other matters pending before any governmental agency, which could reasonably be expected to prohibit, impede, delay, or adversely, affect the use of the Property. Seller has received no notice of any uncured violation of any zoning, building, health and safety, fire safety and environmental codes and laws from the City, or other local authority. 9.4 Seller has received no notice of a violation of any statutes, ordinances, regulations, judicial decrees or orders, or the pendency of any lawsuits or arbitration hearings or governmental investigations or proceedings affecting the Property. 9.5 Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Code. 9.6 "AS IS, WHERE IS. " The Buyer acknowledges that it has inspected or has had the opportunity to inspect the Property and agrees to accept the Property "AS IS" with no right of set off or reduction in the Purchase Price. Such sale shall be without representation of warranties, express or implied, either oral or written (except for the representations and warranties in Section 9 herein), made by the Seller or any official, employee or agent of the Seller with respect to the physical condition of the Property, including but not limited to, the existence or absence of petroleum, hazardous substances, pollutants or contaminants in, on, or under, or affecting the Property or with respect to the compliance of the Property or its operation with any laws, ordinances, or regulations of any government or other body, except as stated above. The Buyer acknowledges and agrees that the Seller has not made and does not make any representations, warranties, or covenants of any kind or character whatsoever, whether expressed or implied, with respect to warranty of income potential, operating expenses, buildability, uses, habitability, tenant ability, or suitability for any purpose, merchantability, or fitness of the Property for a particular purpose, all of which warranties the Seller hereby expressly disclaims, except as provided in Section 9 herein. At Closing, Seller shall execute and deliver to Buyer a certificate that restates the foregoing warranties and representations of Seller in this Section 9 to the extent that such representations and warranties remain accurate (the "Bring Down Certificate"); provided, the Bring Down Certificate shall provide that any action with respect to any breach of a warranty or representation set forth in the Bring Down Certificate must be commenced on or before the first anniversary of the Closing Date or shall be deemed waived. In the event that the representations and warranties set forth in the Bring Down Certificate are materially different than the representations and warranties in this Section 9 or in the event that Buyer otherwise confirms that one or more of the representations and warranties in this Section 9 is no longer true, and if, in Buyer's reasonable determination, the occurrence or condition that is thereby identified or disclosed has a material adverse effect on the value or operation of the Property or Buyer's intended use thereof, Buyer may give written notice of Buyer's objections to the Bring Down Certificate to Seller (the "Buyer's Warranty Notice"). Within ten (10) days after Seller's receipt of a Buyer's Warranty Notice, Seller will notify Buyer if, in its sole discretion, it will attempt to correct the event or circumstance which affected the misrepresentation(s) (the "Seller Warranty Notice"). If Seller notifies Buyer that Seller will attempt to correct the event or circumstance, Seller will have up to thirty (30) days from the date the Seller Warranty Notice was sent to do so (the "Warranty Cure Period"), and, if necessary, the Closing Date will be rescheduled accordingly. If Seller corrects the event or circumstance within the Seller Warranty Cure Period, Seller will notify Buyer, in writing (the "Seller's Cure Notice"), and the parties will close pursuant to the terms of the Agreement. if Seller notifies Buyer that Seller does not intend to correct the event or circumstance or2f5;Mr notifies Buyer that Seller intends to correct the event or circumstance but is unable to do so within the Warranty Cure Period, Buyer may, as its sole remedies in connection with such notice or failure, either (i) terminate this Agreement through the delivery of written notice to that effect to Seller (a "Warranty Termination Notice"), or (ii) notify Seller that Buyer waives its right to terminate this Agreement. The delivery of a Warranty Termination Notice shall be deemed an election by Buyer to terminate this Agreement, in which event this Agreement shall be deemed terminated and of no further force or effect (except for any provisions of this Agreement that, by the express terms thereof, survive termination) and the Earnest Money shall be refunded to Buyer; provided, however, if Buyer fails to deliver the Warranty Termination Notice to Seller prior to the date of Buyer's receipt of the Seller's Cure Notice, Buyer's right to terminate this Agreement as a consequence of such formerly untrue warranty or representation shall be deemed waived and of no further force and effect. if Buyer waives its right to terminate this Agreement, the parties will fully perform their obligations under this Agreement. In such event, the parties will establish a new Closing Date by mutual agreement, but if the parties cannot establish a new Closing Date by mutual agreement, the Closing Date will be the date ten (10) days from the effective date of Buyer's waiver of its right to terminate this Agreement or the Closing Date, whichever is later. The representations and warranties of Seller set forth in this Section 9 shall survive the Closing for a period of twelve (12) months subsequent to Closing, and any action brought upon a claim by Buyer against Seller for breach of any representation or warranty contained in this Section 9 must be brought, if at all, within twelve (12) months after Closing or such claim and action shall be forever barred. 10. Condemnation and Casualty. If, prior to the Closing, eminent domain proceedings are commenced against all or any part of the Property, Seller shall immediately give notice to Buyer of such fact and this Agreement, at Buyer's option (to be exercised through the delivery of written notice to that effect to Seller within ten (10) days of such notice), shall terminate, in which event neither party will have further obligations under this Agreement, except the Earnest Money, and any Additional Deposit shall be paid to Buyer and for those obligations that expressly survive such termination. In the event Buyer fails to so terminate this Agreement, there shall be no reduction in the Purchase Price and Seller shall assign to Buyer at Closing all of Seller's right, title and interest in and to any such award made or to be made in the condemnation proceedings. if prior to Closing any of the Property is damaged or destroyed by fire or other casualty, Seller shall immediately give notice thereof to Buyer, and Buyer at its option (to be exercised through the delivery of written notice to that effect to Seller within ten (10) days after Seller's notice) may either (a) terminate this Agreement in which event neither party will have further obligations under this Agreement, except the Earnest Money, and any Additional Deposit shall be paid to Buyer and for those obligations that expressly survive such termination, or (b) proceed to Closing and receive at Closing a payment or an assignment of all amounts recovered or recoverable by Seller on account of insurance on the Property or part thereof less any sums expended by Seller in connection with collecting such sums or the restoration of the Property and less insurance proceeds in the nature of loss of rent proceeds for rents accruing prior to the Closing Date. 11. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no other brokers, finders or the like. 2579 12. Notices, Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: With a copy to: Ifto Buyer: Four C's Equity, LLC 5749 Sunnybrook Lane Minnetrista, MN 55364 Attn: Colin Charlson Email: Charlson950)mmail.com Notices shall be deemed effective and received on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run two (2) business days after any such deposit. Any party may change its address for the service of notice by giving notice of such change ten (10) days prior to the effective date of such change. 13. Captions. The section headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement and are not to be considered in interpreting this Agreement. 14. Entire Agreement: Modification, This Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 15. Binding Effect and Assignment. This Agreement binds and benefits the parties and their successors and assigns. Except as hereinafter set forth, neither parry may assign this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, Buyer may assign this Agreement prior to Closing to an affiliate, without the written consent of Seller in connection with an assignment by Buyer to an "Affiliate" in which the Affiliate assumes all obligations of the assignor hereunder that accrue from and after the effective date of the assignment in an instrument that may be enforced at law by Seller and in which notice of the occurrence and effect of such assignment is delivered to Seller together with a copy of such agreement of assumption. As used herein, the term "Affiliate" means an entity that directly or indirectly through one or more intermediary's controls, or is controlled by, or is under common control with the assignor. In addition, if requested by either party, the other party shall cooperate with the exchanging party in structuring this transaction as a like -kind exchange under Section 1031 of the Code, provided that the cooperating party shall incur no liability, additional cost or delay in connection therewith. The exchanging party(ies) shall bear the additional transactional costs attributable to the election of a qualifying exchange. In connection with such exchange, the exchanging parry's rights and obligations hereunder shall be assignable to a qualified intermediary party. 16. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. r :� 17. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice as provided for pursuant to Minnesota Statutes. In the event of such termination, Seller will be entitled to receive the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and receipt of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance; provided, however, such remedy of termination shall not limit or restrict Seller's remedies in connection with Buyer's agreements, covenants and obligation to indemnify and hold Seller harmless pursuant to Section 6 hereof. If Seller defaults under this Agreement, and if such default remains without a cure or correction thereof for a period of ten (10) days after the date of Buyer's delivery to Seller of written notice of such defect, Buyer, as its sole remedy, may either terminate this Agreement through the delivery of written notice to that effect to Seller, and upon such termination, Buyer will be entitled to receive the Earnest Money or seek specific performance of this Agreement and such action for specific performance shall be commenced within six (6) months after the Closing Date or otherwise Buyer waives its rights to seek specific performance of this Agreement. 18. CounteMarts, This Agreement may be executed in two or more counterparts and shall be deemed to have become effective and binding when and only when one or more of such counterparts shall have been signed by or on behalf of each of the parties hereto (although it shall not be necessary that any single counterpart be signed by or on behalf of each of the parties hereto, and all such counterparts shall be deemed to constitute but one and the same instrument), and shall have been delivered by each of the parties to the other. Furthermore, the parties agree that (i) a facsimile, xerographic, electronically transmitted, or similar copy of a handwritten signature or an electronic signature (as defined in the Uniform Electronic Transactions Act (Minn. Stat. Ch. 325L)) to this Agreement shall have the effect of an original signature; and (ii) this Agreement may be delivered by facsimile machine or by other electronic transmission. 19. Time of the Essence. Time is of the essence of this Agreement and of every provision hereof. [The remainder of'this page is intentionally blank, signature page to.iollow.) 40'1.1 IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the date first above written. SELLER:BUYER: CITY OF MOUND, FOUR C's EQUITY, LLC, a Minnesota municipal corporation a Minnesota limited liability company Its: 0 Its: City Manaeer M Its: 40'f:% EXHIBIT A LEGAL DESCRIPTION EXHIBITB (If Applicable) Existing Environmental Reports Past Appraisal & Market Study Reports Licenses & Permits Government Applications & Approvals Third Party Contracts Third Party Reports Current Survey FINANCIAL INFORMATION Tax Increment Financing Documentation Invoices & Payment Verification of Paid Invoices, if any Real Estate Tax Statements & Assessments for past 3 years & current Title Easement Documentation 2583 nAAL 10. CITY OF MOUND 2415 WILSHIRE BOULEVARD • MOUND, MN 55364-1668 • PH: 952-472-0600 • FAX: 952-472-0620 • WWW.CITYOFMOUND.COM MEMORANDUM Date: November 28, 2023 To: Mayor Holt and City Council From: Kevin Kelly, Administrative Services Coordinator/City Clerk Subject: Dock Program License Fees The City Council, at the November 14 Council meeting was provided by Ehlers, LLC, their Dock Fund Analysis which projected revenue shortfalls to the Dock Fund. This analysis showed that current and unexpected expenditures for capital projects and tree removal would severely cut in to the Dock Fund reserves if Dock Fund revenue was not increased. The Dock Fund has a current reserve of $400K. The Ehlers analysis and data projections second objective was for the Dock Fund to maintain enough reserves to allow the Dock Program to recover from a catastrophic weather or other event occurring in Mound. The capital replacement costs of Dock Program infrastructure would be approximately be $200K. The major unexpected expenditure experienced in the Dock Fund was the advanced emergence of the Emerald Ash Borer's devastation of Ash trees as well as a large number of draught stressed trees which needed to be removed from public property. Tree removal costs on Dock Program property are budgeted in 2024 to increase $55K and these costs are expected to increase over the coming years. The Council engaged in a robust policy debate regarding which City Fund should pay for the increased costs occurring on Dock Program public land. The discussion centered on whether the General Fund which is supported by the tax levy derived from all Mound tax payers, or the Dock Fund, which is supported by user fees of Dock Program participants, should pay for removal of trees on public land which was specifically used by Dock Program license holders. The Council voted 4-1 to instruct Staff to develop and finalize a fee schedule amendment consistent with increases presented in Option 1 to cover future programmed costs including dock/commons-related tree removals. Ehlers staff provided two scenario options for the Council to consider on how to pay for these costs. Both options provide enough revenue to pay for present and future costs. Ehlers Option 1 provided a more Gradual Increase in Dock Program license fees while Ehlers Option 2 is a more Immediate Increase in Dock Program license fees. Both Option 1 and Option 2 revenue projections would reach $400K in 2033. The Council chose to go with the gradual increase proposed in Ehlers Option 1. The Docks and Commons Commission (DCC) met on Thursday, November 16 and the increase to Dock Program license fees were a discussion and action item. 2584 The DCC unanimously agreed with the City Council that negative trends in future cash flows need to be corrected to account for increased operation and maintenance, tree removal, and capital costs. These costs were caused by activity on Dock Program exclusive property enabling costs to be borne out of the Dock Fund. DCC members didn't want the costs incurred on land used only by dock program participants to be paid out of the general fund Staff presented to the DCC the November 14 City Council memo which included both Ehlers Option 1 and Option 2. The DCC debated the need for more Dock Program revenue than provided for in Option 1. The DCC felt it more prudent to get started earlier in keeping the Dock Fund healthy. The DCC voted unanimously to a larger increase of $100.00 to both Dock and Slip license fees for 2024. DCC Rationale for the $100 fee increase: The fee increase should be equitable of both license holder groups To be more aggressive than Option 1 in protecting Dock Fund reserves Dock Fees have regressed as related to inflation while Slip Fees have generally kept pace with inflation since 2010 when both license types were $300.00 The table below compares the two options; Option 1, presented by Ehlers and Option 2, recommended by the DCC. Option #1 — Ehlers/Council Recommendation Option #2 — DCC Recommendation Type 2023 Fee 2024 Fee Fee Increase 2024 Fee Fee Increase Slips $500 $575 $75 $600 $100 Docks $350 $400 $50 $450 $100 Dreamwood $350 $400 $50 $450 $100 Seton $350 $400 $50 $450 $100 Each Extra Watercraft $150 $170 $20 $170 $20 Wait List $20 $30 $10 $30 $10 The cash flow analysis provided with Option 1 at the 11/14 meeting demonstrates this less aggressive approach along with future adjustments in the model are sufficient to correct the negative balance trend. The late addition of the more aggressive alternative by the Dock Commission at its 11/16 meeting did not allow for this detailed cashflow analysis. The need and scale of future adjustments can't be predicted; but should still be anticipated. Staff recommends Council consider either the Ehlers/Council Option 1 fee increase or the DCC proposed Option 2 fee increase. Staff requests action to approve the accompanying Resolution partially amending the fee schedule for 2024. This Fee Schedule adjustment is needed in advance of the December meeting so Dock Program participants are notified of fee changes and applications are readied prior to January of 2024. 2585 Dock Program Fee History Docks 2001 $150+ LMCD Fee 2002-2005 $250+ LMCD Fee 2006-2013 $300+ LMCD Fee 2014-2021 $325 + LMCD Fee 2022-present $350 2001 $150+ LMCD Fee 2002-2009 $250+ LMCD Fee 2008-2010 $300+ LMCD Fee 2011-2013 $350+ LMCD Fee 2014-2019 $375 + LMCD Fee 2020-2021 $425 + LMCD Fee 2022-present $500 LMCD Fee - $7.50 to $22.00 per boat based on length — removed from fee structure in 2022. Extra Watercraft Fees at $100.00 from 2008-2021. Currently $150.00 per extra watercraft. There were reduced Senior Fees in the past which were discontinued in the early 2000's Wait List 2003-present $20 2024 $30 CPI Calculated 2001- $150 is $263.57 October 2023 2001- $20 is $35.14 in October 2023 O :. CITY OF MOUND RESOLUTION NO. 23- RESOLUTION AMENDING CITY OF MOUND RESOLUTION NO. 22-108 AS IT PERTAINS TO WATERWAYS FEES WHEREAS, City Resolution No. 22-108 is the City fee schedule for 2023; and WHEREAS, the City staff studied the matter, made a report, and provided other information to the City Council; and WHEREAS, the City Council considered the matter at its November 14 and November 28, 2023 meetings receiving the report from City staff and other information. NOW, THEREFORE, BE IS RESOLVED by the City Council of the City of Mound that City Resolution No. 22-108 is amended to add the following to the Docks section: Dock Program License Fees: 78-101 Non-refundable processing fee for wait list application $20 99 30.00/yr. 78-101 Dock fee that includes primary watercraft (1 boat) $350.00 /yr. Increased from $300 post 2010 78-101 Each secondary watercraft $450 00 /yr. Increased from $75 post 2010 78-101 Sailboat mooring $250 00 /yr. Increased from $300 post 2010 78-103 Shared dock (Secondary Site Holder Fee) $250 00 /yr. 78-101 Multiple Slip Fee $80g-no /yr. Adopted by the City Council of the City of Mound on this 28th day of November, 2023. Attest: Kevin Kelly, City Clerk Jason R. Holt, Mayor 2587 Z 2 H O IL W r� r_ U Z W 2 F- a. W 13 W LL Z D O M N 0 N E W 7 O� 0 LO CO 00 It �M0N00L — CO O N r- N ti ,N O CA M N M to OLOt.MN _ — M CA CDM N�OCO CO CA rD NLO 0 coo M N M� M N O N N N O co I- ti O M O N T- r U N w N N O N 10wC004LO O�OO11 coCN O y = MOMO� LL C O N Mc U am- N N LO� O 0 0 N � co N O N� M 0 ti 0 Otir-m(0LO Lo r- CA M NvOLONO�O N co O O � vco Cfl O _ N V)� lf) — 0 co y m 00 M O 0L.J CO 00 M CO N O N M N O O 000 M O CO U CNM L-0 M CV) N O N w L 0 O co O v (0 0) ce)�N000Nr-M�O MNCAO0 W p C:) 0 qt M LO N 0 0 0 N 0 N cM 0 O 00 0) 00 O In � U S2 ` M CO V 0) U N U ` 0) m U Q« CL y d v A H O O O _ p H Il N FZ N E N E co E N N C M N y Q U p p :3 p p NW 7Vi~ a) C3 N N p 0 Q m a W w a ? 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Theresa Sunde Xtream • Business • OnMedia Senior Manager, Government Relations November 10, 2023 Dear Community Official: The purpose of this letter is to inform you that, on or about December 15, 2023, Mediacom 'will be implementing the following programming changes and rate adjustments:' Product: Old Rate: New Rate: Net Change: Local Broadcast Station $25.70 $28.40 $2.70 Surcharge Regional Sports $8.96 $9.72 $0.76 Surcharge Essential TV $80.00 $90.00 $10.00 Variety TV $105.00 $115.00 $10.00 DVR Service $14.95 $19.99 $5.04 Multi -Room DVR $19.95 $19.99 $0.04 Service Additional TiVo, $8.50 $9.99 $1.49 Xtreaml or Digital Adapter Other Additional Digital $10.50 $9.99 ($0.51) Receivers The decision to make price adjustments is always a difficult one. However, the fees we pay to retransmit local broadcast stations like ABC, CBS, FOX and NBC as well as regional and national sports networks continue to grow rapidly. In addition, supply chain challenges and labor shortages experienced over the past couple years have resulted in significant inflationary pressure across our business. Mediacom appreciates the opportunity to continue to serve your community's telecommunications needs. If you have any questions, please contact me directly at tsunde@mediacomcc.com Sincerely, Theresa Sunde 1602 1 Depending on the terms of each customer's promotional package, these rate changes may not impact a customer until their current promotional package expires. z Mediacom bills monthly in advance. As a result, the increases for both the Local Broadcast Surcharge and Regional Sports Surcharge are based on our best estimate of the cost increases our company will incur for broadcast and regional sports programming. Mediacom will "true up" customer bills in a subsequent month if it turns out that our estimate was too high or too low. Mediacom Communications Corporation 1504 2ntl Street SE, PO Box 110, Waseca, Minnesota 56093 2590 A METROPOLITAN C O U N C I L November 3, 2023 Sarah Smith, Community Development Director City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: City of Mound — Mixed Use Text Amendment Comprehensive Plan Amendment — Complete for Review Metropolitan Council Review File No. 21916-3 Metropolitan Council District No. 3 Dear Sarah Smith The Metropolitan Council received the City's comprehensive plan amendment related to the Mixed Use guiding land use on October 17, 2023, with supplemental information received on November 3, 2023. The amendment adjusts the density range for the City's Mixed Use areas, reduces the acreage anticipated for redevelopment, and proposes household and population forecast changes as a result. The amendment implements recommendations from a recent study that refined the City's land use vision, which identified more likely changes resulting from infill redevelopment. Council staff finds the proposed plan amendment complete for review. Under Metropolitan Council comprehensive plan amendment review procedures, outlined in the Local Planning Handbook, the Council has 60 days to complete its formal review of the plan amendment. The 60-day period ends on January 2, 2024. Review of the amendment is scheduled as follows: 1. Community Development Committee on Monday, December 4, 2023 2. Metropolitan Council on Wednesday, December 13, 2023 Staff will notify you of any changes to the review schedule and forward a copy of the staff report for review when it is mailed to the Council's Community Development Committee. If you have any questions regarding the review please contact Michael Larson, Principal Reviewer, at 651-602-1407 or via email at Michael. Larson@metc.state. mn. us. Sincerely, 1 ?&?(1(A� • 4 Angela(RR. Torres, AICP, Senior Manager Local Planning Assistance CC: Rita Trapp, HKGi Dr. Tyronne Carter, Metropolitan Council District No. 3 Michael Larson, Sector Representative/Principal Reviewer Reviews Coordinator N: ICommDevILPAICommunitiesWloundlLettersWlound 2023 Mixed Use Text Amendment CPA Complete 21916-3.docx Metropolitan Council (Regional Office & Environmental Services) 390 Robert Street North, Saint Paul, MN 55101-1805 P 651.602.1000 I F 651.602.1550 I TTY 651.291.0904 metrocouncil.org An Equal Oplao -tjty Employer MOUND DOCKS AND COMMONS COMMISSION MINUTES September 21, 2023 The Mound Docks and Commons Commission met on Thursday, September 21, 2023, at 7:00 p.m. in the City Council Chambers of the Centennial Building at 5341 Maywood Road in Mound. Present: Chair Derrick Hentz, Vice Chair Dave Olson, Commissioners Heidi Peterson, James Vettel and Jesse Jensen and Representative Kevin Castellano Absent: None Others Present: Deputy City Manager Maggie Reisdorf, Administrative Services Coordinator/City Clerk Kevin Kelly, Perry and Dorene Hanson, Karen Tomczak, Lisa and Kester Batchelor Derrick Hentz called the meeting to order at 7:01 p.m. 1. Approval of Agenda MOTION, by Olson, seconded by Jensen, to approve the agenda. All voted in favor. Motion carried. 2. Approval of Meeting Minutes — March 16, 2023 MOTION, by Vettel, seconded by Olson, to approve the minutes from the March 16, 2023 DCC Meeting. All voted in favor. Motion carried. 3. Comments and suggestions from citizens present Lisa Batchelor, 2933 Cambridge Lane, said she is at the meeting tonight to present a proposal from three dock program abutters to do a cost share with the City for Rip Rap of the Brighton Commons shoreline adjacent to their property. Batchelor said the group was looking for a similar cost share ($125.00 a linear foot) to which the 2023 Brighton Rip Rap Group received. Batchelor listed the three parties within the proposal: • 2927 Cambridge Lane - Mark Stehlik and Kyle Kubitz, 52 feet • 2933 Cambridge Lane - Lisa and Kester Batchelor, 80 feet • 2945 Cambridge Lane - Mike and Kristine Ralston, 85 feet • Two Right of Ways Hentz said if this item will be put on the next agenda for discussion. Kelly said this item will be presented at the November DCC Meeting. Jensen asked if these are adjoining properties to which Batchelor said they were. 2592 Vettel said do we need to put out notifications to the other property owners so they know about the process the City is following regarding rip rap. Kelly said Brighton has been earmarked for many years for rip rap and neighbors have contacted Dock Administration regarding rip rap along Brighton. Vettel and Olson spoke about the 2023 Brighton Group abutters in the first round of rip rap projects of the commons. Vettel said some of the Brighton abutters claimed to have not been notified of the progress of the rip rap project from the first group. Kelly said he can notify the other abutters along Brighton Commons but having groups coming forward in consecutive years is manageable. Kelly said that the group making the proposal today will need to take bids, act as general contractor, and have their proposal approved by the City. Peterson said there were other neighbors who lived closer to the first rip rap group who didn't want to go in on the rip rap cost share. Kelly said going south from Wychwood Beach the first property completed a private rip rap a few years ago. Kelly added the second property south did not want to take part in the 2023 Brighton Rip Rap cost share and that portion of the commons rip rap is not in disrepair. Kelly said once Brighton Commons abutters see the improved rip rap along the commons they will most likely request to receive something similar to Devon Commons during previous projects. Vettel said there should be a process for those who are not first in line. Jensen said there wasn't a process at first but abutters came forward with proposals. Kelly said the Dock Program wanted to put the onus on the abutters if they want to get their rip rap done. Hentz said he has been on the DCC through all of these rip rap projects. Hentz said having a plan would be good. Hentz added there should be an idea of how much shoreline is left to be done and how long it would take to get it done. Hentz said it helps planning and to give the DCC an idea of where the projects will go. 4. Request for Abutting Dock Status for 2459 Lost Lake Road Peterson said the reason she voted in favor of Wegscheid's request for abutting status (in 2021) was that his property abutted Lost Lake Park and Wegscheid could walk from his property to his dock. Peterson said the majority of the other houses on Lost Lake Road abutted the swamp and the remaining properties can't get to their docks through the Park. Perry Hanson said he could also walk from his property to his dock if things were cleaned up a little. Kelly said, the neighbor of the Hanson's (Mark Wegscheid, 2465 Lost Lake Road) came before the DCC and City Council in 2021 to request that his property and dock be changed to an abutting status. Kelly said the neighbor's claim was that he should have been given abutting status because his property was fully adjacent to Lost Lake Park. Kelly added that Lost Lake Park is the dock access. Kelly added that Wegscheid claimed his property should be given the same status as the other two abutting properties on the Lost Lake Park dock access. Kelly said there are seven dock sites on the Park with three docks which are now abutting sites. 2593 Kelly said the City was under no obligation to grant abutting status to the 2465 Lost Lake Road property. Kelly added the DCC and Council felt that this property abutting the Lost Lake Park Access was a compelling argument. Kelly added the DCC and City Council voted to approve 2465 Lost Lake Road as an abutting property. Kelly said after this decision he felt there would be other Lost Lake Road property owners seeking abutting status as well. Kelly said staff did research prior to the DCC discussions in 2020 and 2021 and couldn't find a spelled -out explanation why the City Council only granted two abutting properties in 1988. Kelly said it can be surmised that the two properties were give abutter status as they provided easements for drainage and utility and for the public to access the docks through private property. Kelly said all of the other properties that wrap around Lost Lake Road, Lots 11-15, are not abutting the dock access at Lost Lake Park. Kelly said the decision for the DCC tonight was to determine whether to change the Dock Map Addendum and grant abutting status to 2459 Lost Lake Road or to leave the Dock Map Addendum as it is currently. Kelly said the Hanson's have had a non -abutting dock for many years which would remain with the Hanson's if the DCC voted to keep the Hanson's as non - abutters. Jensen said the other lots on Lost Lake Road abut City property and the lake but not the dock access. Kelly said the shoreline which abuts those properties is counted as the linear shoreline for the 37 slips assigned to the Lost Lake Villas. Kelly said he didn't look at how the shoreline was assigned in 2021. Kelly noted that even the 2465 Lost Lake Road adjacent shoreline is used for the linear shoreline count for the Lost Lake Villa slips and not the dock program. Hentz said would the shoreline count assignment have anything to do with 2465 Lost Lake Road not being granted abutting status? Hentz said he was the only DCC member who voted against the abutting status and he said it was for the lack of a compelling reason. Hentz asked why the Council didn't grant abutting status in the 1980's at the time of the first assignments. Hentz wondered if 2459 Lost Lake Road could be given a dock variance by the LMCD to create a dock out to the channel and then would the Hanson's be abutters. Olson said the borderline for lots 17 and 16 is the linear lake frontage border for the Villas and the Dock Program. Olson read the memo which stated properties on Lost Lake Road abut the Lost Lake wetland and not the Dock Access. Castellano said he looked at the practical difficulty for the Hanson's and felt this situation is like many other areas of the commons and granting abutting status would mean one less dock for public use. 2594 Jensen said it looks the first two abutting properties gave easements to the City and the old meeting minutes implied this. Perry Hanson, owner of 2459 Lost Lake Road said the entire wetland out to the channel is labeled as the Lost Lake Park property. Hanson said he has had a dock on Lost Lake Park for 34 years. Discussion ensued about the Lost Lake Road properties getting length variances to get docks out to the Lost Lake Channel and whether this was possible. Kelly said the decision by the DCC on the Dock Map Addendum does not correspond with how the Lost Lake wetland is labeled. Kelly said the survey for 2459 Lost Lake Road depicts the SW corner of the Hanson's property at 929.3 ft which is below the 929.4 Ordinary High -Water level of Lake Minnetonka. Olson said the DCC recommended approval of abutting status to 2465 Lost Lake Road because that property abutted the Lost Lake Park above the 929.4 OHW. MOTION by Hentz, seconded by Jensen, to recommend the Dock Map Addendum remain unchanged in regards to the non -abutting status as it pertains to Lost Lake dock site #04009. Hentz, Peterson, Vettel, Jensen and Castellano voted in favor. Olson abstained. Motion passed. 5. Completion of Rip Rap Projects — Cost Shares Kelly presented the results of the two Rip Rap cost shares on Brighton and Devon Commons in 2023. Kelly said the abutting property owners of the two projects acted as project managers and the Dock Program approved the contractors. Kelly said there was a shoreline study, which was completed over 10 years ago, which determined that Devon and Brighton Commons shorelines were in most need of improvement due to wave action and use of the lake in those areas. Kelly said the City started with Devon Commons which was completed in 2018. Kelly added that there were three additional properties along the Devon Commons which weren't part of the project because the shoreline in those area was rated as not needing rip rap at the time. Kelly said the three abutting property owners wanted their rip rap improved. Kelly said the City worked out a cost share proposal with these three property owners and only one, at the time, took the City offer and upgraded the rip rap at the commons adjacent to their property. Kelly said Dock Administration sent out an RFQ in 2021 to start the rip rapping of Brighton Commons in the area between Manchester and Leslie Roads. Kelly said the rip rap of that area was determined to be the area of greatest need. Kelly said the bids came back much higher than the costs of previous projects so the Brighton project was put on hold. Kelly said the Brighton Group approached the City to see what could be done for their section of Brighton Commons. Kelly said Dock Administration offered a cost share as had been done with the Devon Commons abutters. Kelly said the City agreed to pay $125.00 a linear foot due to the increase in costs. Kelly said the 2023 Brighton Group put out RFQ's and chose a vendor 2595 which the City approved. Kelly said the project was completed this summer and the quality of the rip rap is excellent. Kelly presented photos of the completed project. Jensen asked about the quality and the rating of the new rip rap and Kelly said it would be rated as a "5". Kelly presented the rip rap project that was completed on Devon Commons this summer. Kelly said the project adjacent to 4829 Island View Drive was one of the three properties from 2018 which was offered the rip rap cost share. Kelly said the rip rap had deteriorated since 2018 so Dock Administration offered the property owners the cost share from 2018, which was $105.00 a linear foot. Hentz asked about the rating of the rip rap at 4829 and the neighboring property shown in the photos. Kelly said the property was rated a "4" in 2018 and the properties on Brighton Commons were rated as between a "2" or "Y in 2022. Hentz asked how the project went. Kelly said the City received excellent quality rip rap at reasonable cost, while the abutters took on much of the leg work, was a win -win for both parties. Kelly added this project can be a pathway for the other interested property owners along Brighton Commons to get a similar project completed. Olson said is there a consideration for abutters who want a cosmetic improvement versus shoreline rated as a "1" or "2". Kelly said neither of the two projects were rated that low but the previous rip rap didn't include toe boulders and weren't up to present standards for quality. Vettel said he wants to make sure that the other abutters along Brighton Commons are informed by the Dock Program that they can also do similar projects. Vettel said the City doesn't know when these groups are going to come forward and there should be a deadline for their proposals. Vettel said he wants to make sure the abutters along Brighton Commons are aware of the proposals. Hentz said when the Devon Commons projects started the shoreline there was rated at the lowest level in quality. Kelly said the Brighton Commons shoreline areas are not of the poor quality of the past and that is one of the reasons for the cost share. General conversation was held regarding the 929.4 OHW level of Lake Minnetonka and the release of Lake Minnetonka into Minnehaha Creek. 6. Reports Castellano said the City is in budget season and the City has posted an advertisement for the hiring of a new City Manager. Reisdorf said the posting will be up until October 11tn Castellano said the Council is going to set the Preliminary Budget on September 26tn Castellano said the Council is focusing on code enforcement processes to be more efficient when responding to problem properties. 0 •. Castellano said the Council is looking at the fee schedule and increasing fees in the Dock Program to keep the Dock Fund viable. Castellano asked when the last time Dock Program fees were raised. Kelly said it was two years ago from $325 to $350.00 for docks. Kelly added that Multiple Slips were raised from $440.00 to $500.00. Castellano said the City is working with a financial consultant on a City Long-term Financial Management Plan to figure out the best ways to keep budgets and fees steady. Castellano said the City needs to have funds available for future projects. Castellano said the financial consultant said the Dock Fund reserves could be emptied in 10 to 14 years. Castellano said one other area of spending which hasn't been borne by the Dock Fund is regarding tree trimming and tree removal on public land and general commons maintenance. Castellano said the funds for these activities have been paid out of general fund areas which are supported by taxes. Peterson asked how many trees are being removed to which Castellano said the tree removal line in the budget went up about $120K and the analysis showed the number of trees around the lake was very high. Kelly introduced Maggie Reisdorf, the new Deputy City Manager, who has been on the job for five or six weeks. Kelly said he has taken Reisdorf out to commons areas and today toured about a third of the area of the dock program. Kelly said he and Reisdorf will be meeting with the Artessa Group on the 26' of September to talk about how assignments will be made and how processes will be run regarding the slips assigned to Artessa residents. Kelly said the Artessa project will not be ready for residents to move in until the end of the summer of 2024. Kelly added that Mound residents will continue to be assigned at Lost Lake in 2024 to be replaced by Artessa residents starting in 2025. Kelly said the 14 transient slips in Mound Harbor will continue to be available. Kelly said the Canoe/Kayak Rack at Twin Park only has one of eight spots rented out. Kelly saic there are 23 of 24 spots rented out at the other three racks at Centerview, Carlson and Avalon Parks. 7. Adjourn MOTION, by Peterson, seconded by Olson, to adjourn the meeting at 8:36 p.m. All voted in favor. Motion carried. 2597 AA/ecs-%tonka District Report Emma Carlson Junior at MWHS - Class of 2025 Student Senate Representative - Treasurer for the 2023-2024 year AGENDA Activities Z. Arts 3. Academics 4. Athletics S. Westonka Update Westonka Activities Mound Westonka Clubs and Activities • Student Senate • DECA • Future Medical Professionals • Outdoor Endeavors Club • Letters of Love • Straight and Gay Alliance (SAGA) • Students Against Destructive Decisions (SADD) • Speech • Environmental Club • Gaming Club • Fashion Club • Robotics • Theatre • LI N K Crew Staff Appreciation Week - Student Senate Student Senate's most recent event was Staff Appreciation Week. Staff was thanked through: Staff shout outs Thank you cards Breakfast/snacks throughout the week Posters around the school Blanket giveaway thanks to Friends of Mound Westonka Other communication Ir 6 WeCAN Drive Every year, the WeCAN drive is hosted in the district At the high school, Student Senate and NHS are each planning a drive to benefit this non-profit organization Student Senate's will be held December 6th-13th, the high school will collected personal care and household cleaning supplies that are in need for families in the Westonka area. Prom 2024 - Student Senate The Junior Prom Committee (under Student Senate) has begun meeting to plan 2024 Prom which will be Saturday May 4, 2024. They have secured the location and are working on a theme and announcement of both will come soon! NHS Updates Blood Drive hosted on II/IS - 39 units donated in total, each can save three lives Poinsettias -1376 sold through 114 members Distributed 11/20 Activities Updates DECA Districts Competition is on January 7th. All members are currently preparing for this event. Letters of Love is hosting a Crumbl Cookie fundraiser Friday, December 1st. Rotary continues to meet, with their most recent meeting was last night, November 27th. Math League had their second competition last night, November 27th. FMSC at MWHS - DECA DECA hosted a FMSC event at the high school, November 11th, 2023. Had plenty of student volunteers spread across the three sessions Link Crew MWHS Link Crew continues to meet with 8th and 9th graders on a monthly basis to help in supporting the school culture at MWHS. This time is intended to support the whole student during his or her high school transition, looking at education and connection beyond the traditional classroom. Eli Hart Foundation DECA Updates The Eli Hart Foundation Chapter Projects are run by the following students: Olivia Adam (12), Emma Carlson (11), Samantha Krahl (12), Gabriella Larsen (12) Working with: Tiffany Beitler, Ben Cooliani, Jen Houghton Eli Hart Foundation DECA Updates Previous Events: - Silent Auction (5/20/23) - SOTL (7/ 5/)3) - Dog Days (8/ 2/23) - Corks for a Cause (8/ 2/23) MWHS Football Game 8/30/23) A4, 5-_ vsrc �: S � e Eli Hart Foundation DECA Updates Winter Wonderland at Shirley Hills - January Z1st, 1pm-3pm - Sledding, skating, and morel - MWHS hockey team volunteers - More information coming soon! MWHS Athletics Mound Westonka Sports • Wrestling • Dance • Cheer • Boys Swimming • Gymnastics • Alpine Skiing • Nordic Skiing • Basketball • Hockey • Lacrosse • Boys Tennis • Track and Field • Baseball • Golf • Softball • Boys Volleyball Fall Sports Wrap Up Varsity Football: Closed out their season with their 2023 banquet November 20th. Earned the All -State Silver Team, meaning they have a cumulative GPA of 3.0 or higher Varsity Volleyball: Ended the season with a 21-6 record, they lost their first sections game @a Benilde Boys Soccer: Seniors Brett Bartkowicz and Sam Holmberg named All Conference, Holmberg was selected for the first team All State game Girls Soccer: Senior Natalie Miner named All Conference Girls Swim and Dive: Took third in sections and competed in state! Winter Sports Basketball: Both boys and girls are practicing and preparing for their first game next week Gymnastics: Practices with Watertown -Mayer have begun, their first home meet is next Thursday Girls Hockey: Season is in full swing! Current record is 3-1-2 Boys Hockey: First game is tonight! Practices for Dance Team, Skiing (Nordic & Alpine), and Wrestling have begun! Significant Accomplishments Wrestling: Cooper Rowe represented Team USA in the U15 Pan American Championship in Panama City National Letters of Intent: Jack Nelson signed to the University of Minnesota to - u �q r 1 e�10 a & continue his wrestling career and Averie Zealley signed to the University of Portland to join the rowing team! WESTONKA WESTONKA A WHITE HAWKS WHITE HAWKS - WESTONKA H ITE HAWKS � WESTONKA �iINWEONKA WHITE HA" \ WHITE HAWKS y r WESTO a\'� ONKA WHITE H`AAtt - HAWKS KA 4 f. SON W IKS HAW W WESTONK ESTONKA WHITE HAWK 11TE HAWKS 1 MWHS Arts Theatre in Westonka Grandview Middle School Theatre wrapped up their Fall Musical - Little Mermaid, Jr. They performed November 16 - 17 @a 7pm and November 18 -19 @a 2pm in the Westonka PAC. The final show closed with an almost sold out audience with only 32 seats remaining in the PAC! Westonka Community Theatre - is set to perform their winter variety show this weekend in the Little Theatre! Shows are Friday 7p and Saturday 2p and 7p- free admission! MWHS Theatre is set to audition for its One Act Play next Wednesday 12/6 - this show will compete at the MSHSL One Act subsection in Febraury. Wind Ensemble and Concert Choir Traveled to New Orleans November 9th-13th for a creative learning experience! Trip filled with clinics, sightseeing, and fun! MWHS Academics Significant Accomplishments MWHS seniors Natalie Miner and Cormac Schaefer are 2024 National Merit Semifinalists. As semifinalists, these students placed in the top 1 percent of the 15 million students who tockthe Preliminary Scholastic Aptitude Test (PSAT) last year. They are among over16,000 students nationally who qualified for the National Merit Scholarship. AP Scholars Atotal of 41 Mound Westonka High School students have earned AP Scholar Awards in recognition of their exceptional achievement on AP exams last school year. The College Board's Advanced Placement Program (AP) provides motivated and academically prepared students with the opportunity to take rigorous college -level courses while still in high school, and to earn college credit, advanced placement, or both for successful performance on the AP Exams. The College Board recognizes several levels of achievement based on students' performance on AP Exams. Academic Honors from College Board National Recognition Program Also recognized this year by the College Board were MWHS seniors Anna Wood, Brooke Meester and Samantha Krahl, and junior Rohan Nella. They each received an award from the College Board's Rural and Small -Town Recognition Program for their strong performance on assessments and in their classrooms. The recipients of this award have a GPA of IS or higher. They are also in the top 10% of PSAT/NMSQT® assessment takers in the state or have earned a score of 3 or higher on two or more AP® Exams. - .7­ ............... ------ Westonka Top Testing Scores Westonka Public Schools students scored in the Top 10 districts in the state on the 2023 MCAs and Minnesota Test of Academic Skills (MTAS). Overall, Westonka had the third highest percent proficient in math (74%), the fourth highest percent proficient in reading (73%) and the third highest percent proficient in science (63%) in the state of districts testing at least 100 students in a grade level in 2023. Westonka Update Building Teachers of the Year MWHS: Gretchen Chilson GIVIS: Joey Martin Hilltop: Brianna Vogt1in Shirley Hills: Leanna Koepp Westonka Early Learning: Meredith Braget Westonka Voting Results On Tuesday, November 7, Westonka Public Schools residents approved both school district questions on the election ballot. The renewal of the capital projects levy provides an additional 10 years of funding for Westonka's current technology program, and the bond will allow the district to address safety and security at all schools, districtwide deferred maintenance and a redesign of Mound Westonka High School, all while maintaining the lowest school property taxes in Hennepin County. Westonka Community Education Celebrates 45 Years! Over 100 community residents turned out to celebrate National Community Education Day at a free event at the Westonka Activity Center (WAC) on November 11. Westonka Community Education was also celebrating 45 years of service. %"i A M Best K-8 Schools Westonka Public Schools is home to some of the top schools in Minnesota for elementary and middle school students, according to the "Best K-8 Schools" rankings released by U.S. News & World Report. Grandview Middle School earned a No.10 state ranking in the 2024 U.S. News "Best Middle Schools" list. Additionally, both Hilltop Primary School and Shirley Hills Primary School are among the Top 100 "Best Elementary Schools" out of 1,672 schools included in the ranking. CITY OF MOUND RESOLUTION NO. 23-98 RESOLUTION TO RECOGNIZE DEDICATED PUBLIC SERVICE OF ROBERT "BOB" D. POLSTON WHEREAS, Robert "Bob" Polston proudly resided for many years with his family in the City of Mound; and WHEREAS, Municipal government depends on the dedication and efforts of numerous volunteer officials on its Commissions and Council: and WHEREAS, Bob Polston dutifully served the City of Mound on its City Council and as Mayor for two separate occasions; and WHEREAS, In all capacities he proved to be honest, energetic, courteous, and trustworthy official and devoted himself unselfishly to the duties of these offices; and WHEREAS, Throughout his distinguished service to the community, Mr Polston earned the respect, admiration, and high regard of all those with whom he came into contact, who were proud to call him "Friend"; and WHEREAS, Mr Polston passed away at age of 81 on November 14, 2023; and WHEREAS, We mourn his loss and extend to his family our sincere sympathy in their bereavement; and WHEREAS, The City Council of the City of Mound wishes to recognize his faithful service to fellow residents. NOW, THEREFORE BE IT RESOLVED, The City of Mound, does hereby recognize and memorialize the exceptional and dedicated services provided the entire community by Bob Polston; and BE IT FURTHER RESOLVED, that this official Citation be transmitted with our heartfelt sympathy to his bereaved family. Adopted by the City Council this 28th day of November, 2023. Mayor Jason R. Holt Attest: Kevin Kelly, Clerk n 2415 WILSHIRE BOULEVARD • MOUND, MN 55360-1668 • PH: 952-G)2-0600 • FAX: 952-472-0620 • W W W.CIWOFMOUND.COM November 28, 2023 The Honorable Tim Walz Governor of Minnesota 130 State Capitol St Paul, MN 55155 Dear Governor Walz We are grateful for the capital project request and endorsement for the Mound Water Treatment Plant project provided in the attached by Representative Myers, MN House District 45A. Please allow us to expand on this need and its context within our community. The project builds a gallery -style water treatment plant for manganese removal. It includes water mains improvements to connect centralized treatment to the existing storage and distribution network, and a replacement well. The project responds to the attached advisory notice issued by MDH in the spring of 2021 identifying existing drinking water as exceeding the Health Based Value for Manganese adopted by MDH in 2019; and directing similar notification to all consumers of our Public Water Supply to advise alternate sourcing (also attached). Past persistent and responsible investment in infrastructure renewal and improvement leave us heavily burdened with debt; approx. $4,100 per capita. Recent and ongoing water system improvements to resolve supply, storage, fire flow, freshness, and pipe reliability concerns have been completed in concert with a persistent infrastructure improvement focus program in Mound. These projects that included street, water, sewer, and storm sewer improvements were funded with a combination of assessments, pay-as-u-go levy, G.O. debt, and utility bonds. They have accumulated $80M/$52M across all funds; $19M/$12M in debt to the water utility (total/ outstanding). The resulting debt service drives our water rate setting, resulting in one of the few - highest water rates in MN. As an interim measure to control rates; water rates were frozen in 2018 and the water utility fund has accumulated a $5M cash deficit through 2023. Our average customer using 5,000 gal water per month pays $235 in annual base charges and $335 in volumetric charges totaling $570 per year for water; and $1,300 for combined city services (water, sewer, storm, recycle). Adding $800 — $1000 annually to our rates to cover the additional debt service driven by this project is certain to cause hardship for many of our lower - or fixed -income residents. We recognize most financial relief criteria filter community eligibility on area economic measures that we fear mask the financial realities of a significant portion of our community. 4- out-of-5 of our households live a financial reality at only about 1/3 the means of the "lake life reputation" and $92,000 median income that misleadingly paints the town affluence based on the means of just 800 of our 4,000 households. To avoid hardship to the remaining 3,200 we require alternative financing strategies that might include State line -item funding action, direct grants, or forgivable financing, to mitigate the foreseeable rate impacts and financial hardship for our residents that this substantial, additional debt service should anticipate. This $36.5M project was originally submitted to the Public Facilities Authority in 2022 and carried over to the 2023 Legislative Session activities where it was partially funded ($10.3M). As noted in Representative Myers' memo, there is a continued need for $24.3M to complete the funding of the project. This requirement has been submitted to/accepted by PEA for 2024 Capital Project consideration but has not been scored due to proposed changes in scoring methodology. We too request your inclusion of this requirement in your 2024 project recommendations. We are happy to provide your staff with any additional background information or provide a close-up and in -person review and perspective of our project as your schedule may allow. Should you or your Staff require additional information, please contact our Deputy City Manager, Maggie Reisdorf at maggiereisdor[Acityofmound.com, (952) 472-0633; or myself Mayor Jason Holt at iasonholtAcityofmound.com (612) 703-6738. Gratefully and Respectfully; Jason R. Holt Sherrie Pugh Mayor Council Member Kathy McEnaney Kevin Castellano Council Member Council Member Enclosures: Myers Memo MDH Advisory Notice Mound Advisory Notice Paula Larson Council Member Andrew Myers District 45A Hennepin November 1, 2023 The Honorable Tim Walz Governor of Minnesota 130 State Capitol St. Paul, MN 55155 via electronic delivery Dear Governor Walz, _ r y'f+s w:run ..I.1.�_5 r Minnesota House of Representatives I am writing to you today on behalf of the residents of Mound and asking you to include $26.2 million in your 2024 Capital Investment Recommendations for the completion of a water treatment facility in Mound. For years, this has been a top priority for the thousands of families that call Mound home and depend on clean drinking water from the city. I am proud that we were able to work in a bipartisan manner last year to deliver $10.3 million towards this project. This initial funding has allowed the city to begin the process of more efficiently removing high levels of manganese from the water supply. While this was an encouraging first step, the city needs the final $26.2 million to finish the project. Providing access to clean drinking water is critically important and we need to make sure that those Mound residents have safe, clean and reliability water to drink not only now but for the future families moving into the district. Our shared commitment to clean water for all Minnesotans is a point of bipartisan agreement and something that brings communities together. I am respectfully asking you to include the Mound water treatment project in your 2024 recommendations. Sincerely, Representative Andrew Myers House District 45A Serving Excelsior, Greenwood, Long Lake, Minnetonka Beach, Minnetrista, Mound, Orono, Shorewood, Spring Park, St. Bonifacius and Tonka Bay (651)296-9188 re .andrew.rn ers house.mn. ov #% St. Paul, MN 55155 tip (651) 296-9188 Email: rep. and rew.myers @house.mn.gov S.qmk./G DEPARTMENT OF HEALTH Protecting, Maintaining and Improving the Health of All Minnesotans February 5, 2021 Mound City Council c/o City Clerk Mound City Hall 2415 Wilshire Blvd Mound, MN 55364-1668 Subject: Health Risk Advisory for Manganese in Mound Drinking Water Supply (PWSID# 1270038) Dear Council Members: This letter is to notify you that the Minnesota Department of Health (MDH) is issuing a Health Risk Advisory for manganese at Well Nos. 3 and 8. MDH recommends that the city of Mound take action to reduce exposure to manganese to below the Health -Based Value (HBV) of 100 µg/L in the drinking water supply. In addition, MDH recommends that the city of Mound notify its customers about manganese in their drinking water supply. Sample Results MDH has collected samples for manganese and the results are shown in the table below. The average level of manganese at Well Nos. 3 and 8 exceeds the HBV of 100 µg/L. In addition, the average level of manganese at Well Nos. 3 and 8 exceeds the EPA lifetime Health Advisory Level of 300 µg/L. Therefore, MDH is issuingthis Health Risk Advisory. Mound Sample Results Sample Location Mn (µg/L) 12/7/20 Mn (µg/L) 12/14/20 Average Mn (µg/L) Well #3 Entry Point 672 724 698 Well #8 Entry Point 451 496 473.5 µg/L = micrograms per liter Bold means that the concentration exceeds a MDH Health -Based Value or Health Risk Limit Bold with Italics means that the concentration also exceeds the EPA lifetime Health Advisory Level HBV and Health Effects for Manganese MDH has set a HBV for manganese of 100 µg/Lfor formula -fed infants and infants that drink tap water. For children over one year old and adults, MDH supports the EPA lifetime Health Advisory Level of 300 µg/L. Results for manganese in samples collected from your water system were higherthan each of these guidance values. Page 1 of 2 Manganese occurs naturally in rocks and soil across Minnesota and is commonly found in Minnesota ground and surface water. People need some manganese to stay healthy, but too much can be harmful to the nervous system. Infants may develop learning and behavior problems if they drink water or formula made with water that has too much manganese in it. Children and adults who drink water with high levels of manganese for a long time may have problems with memory, attention, and motor skills. Health -based guidance values are set at levels which pose little or no health risk to people, including the most sensitive populations like a fetus, infants, children, elderly, and people with impaired immunity. Although the potential for harm increases as the level of a contaminant increases above the health based guidance value, health scientists may not be able to precisely estimate the change in risk. These guidance values apply to short periods of time as well as over a lifetime of exposure. For More Information For questions about health concerns or more information about manganese, contact the MDH Health Risk Assessment Unit at 651-201-4899 or health. risk (cDstate.mn.us. For technical assistance related to drinking water, please contact Brian Noma, District Engineer, at 651-201-4683 or brian.noma(cDstate.mn.us. More information about manganese is also available on our website at Manganese in Drinking Water (https://www. hea lth.state. mn. us/comm unities/environment/water/conta mina nts/ma nga nese.htm 1) Sincerely, Steven Diaz Assistant Division Director Environmental Health Division Minnesota Department of Health PO Box 64975 St. Paul, MN 55164-0975 www.health.state.mn.us cc: Brian Noma, District Engineer, MDH Metro District Office Chad Kolstad, MDH DWRF Program Coordinator Sarah Fossen-Johnson, Supervisor, MDH Health Risk Assessment Unit Kris Klos, Research Scientist, MDH Health Risk Assessment Unit Water Superintendent To obtain this information in a different format, call 651-201-4700. Printed on recycled paper. Page 2 of 2 Dear Mound Residents, As a City of Mound Resident, you are receiving this letter as a notice regarding the city's municipal drinking water supply which serves all residents, households, and local businesses within the City. The City of Mound and the Minnesota Department of Health (MDH) routinely conduct water analysis testing to monitor water quality. Recent testing indicated the city's drinking water supply complies with the Safe Drinking Water Act primary drinking water standards. However, the testing indicated elevated levels of manganese greater than the MDH recommended health advisory guideline levels. Manganese is a naturally occurring element found in rocks and soil and is usually present in Minnesota ground and surface water. Your body needs some manganese to stay healthy but too much can be harmful. Elevated levels of Manganese can pose a health risk to sensitive populations. The city has 2 wells that are tested for manganese, and both have tested above the MDH health advisory guideline of 300 parts per billion (ppb). Manganese concentration in the City of Mound source -water ranges from 470 ppb to 750 ppb. Learn more by visiting the MDH webpage at www.health.state.mn.us and searching for Manganese in Drinking Water. Minnesota Department of Health Guidelines for Manganese: Manganese is an unregulated compound in well -sourced water and does not have an enforceable standard. However; the MDH recommended health guidelines include consideration of the following: • The advisory level for households with an infant age 0-12 months that drinks tap water or formula made with tap water is 100 ppb of manganese or less. • The advisory level for households where occupants over the age of 12 months drink tap water is 300 ppb of manganese or less. City Solution: The city is currently working with our engineering consultants and MDH to determine possible short- term and long-term treatment options to reduce the manganese levels in the city's drinking water. The city has undertaken a formal engineering study effort to determine the treatment solutions that will be most cost effective to address the noted levels. Recommended Actions: There are several things residents can do to filter manganese from the water. Any filter intended for manganese removal should be certified for manganese removal as listed on its labeling. • Purchase a filtering water pitcher • Install a point of use faucet -top filter; or under -sink, or whole -house canister filter unit • Maintain and replace refrigerator in -line filters as indicated by the appliance • Install or maintain a water softener 0 Purchase bottled water for consumption