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2023-12-12 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, DECEMBER 12, 2023 - 7:00 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature, have been evaluated by staff, recommended by staff for approval by the Council, and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. At this time, anyone present who wishes to offer dissenting comment to any items on the Consent Agenda is invited to identify themselves and the item of concern so that the it may be removed from the Consent Agenda and considered after discussion in normal sequence. Separate introduction or further support from petitioners or requestors is not required at this time and removal of an item from the Consent Agenda for this purpose is not required or appropriate. 4. *Consent Agenda Page *A. Approve payment of claims 2598-2635 *B. Approve minutes: November 28, 2023 Regular Meeting 2636-2642 November 29, 2023 Special Meeting 2643-2644 *C. Approve resolution approving permits for 2024 Polar Plunge on Lake 2645-2650 Minnetonka on Saturday, January 27, 2024 and reduced fee 2647 *D. Approve appointment of Kristin Young to fill vacancy for 2-year term 2651-2655 beginning January 1, 2024 and ending December 31, 2026 and reappointments of Jason Baker and Samantha Wacker to the Mound Planning Commission for 3-year terms beginning January 1, 2024 and ending December 31, 2027 *E Approve resolution approving parking and access license agreement with MN 2656-2669 Lakes Bank 2657 *F Approve variances for new/replacement house project at 2001 Arbor Lane 2670-2711 2672 *G Approve resolution approving contributions for 2023 2712 *H Approve Public Works project Pay items in the amounts of: 1. $12,417.62 to Valley Paving as the 5tn and Final Payment for the 2022 2713-2721 Surfside Park Depot Area Pavements Improvements PW 22-09 PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 2. $5,433.00 to Thule Specialty Contracting as the 3' and Final Payment for the 2722-2726 2023 Manhole Rehabilitation Project PW 23-04 3. $87,691.01 to Pember Companies as the 3" Payment for the 2022 Liftstation 2727-2730 Improvements Project PW 22-03 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) 6. Orono Police Department September, October & November 2023 Activity Reports 2731-2759 7. Consider/approve Eli Hart Foundation Donation Agreement 2760-2786 2763 8. Consider/Approve Wolner Field Lease Amend/Renew 2787-2799 2788 9. Planning Commission Recommendation A. Action on resolution affirming Planning Commission recommendation 2800-2816 determining sale of Outlot B, Mound Harbor to adjacent property owner 2802 to be consistent with the Mound Comprehensive Plan B. City Council discussion/action on purchase agreement offer from Colin 2817-2829 Charlson of 4 C's Equity, LLC to buy City property known as Outlot B, Mound Harbor — (This portion of the meeting may be closed to the public) MAYOR TO ANNOUNCE: THIS MEETING IS BEING CLOSED UNDER MINNESOTA STATUTES, SECTION 13D.05, SUBD. 3(C) TO EVALUATE THE PURCHASE AGREEMENT OFFER OF CITY PROPERTY KNOWN AS OUTLOT B, SUBJECT TO THE COUNCIUS AUTHORITY 10. Discussion and action to approve 2024— 2026 Public Works Bargaining Unit Agreement 2830-2832 with the Teamsters, Local 320 11. 2024 Final Budget and Levy Discussion/Approval Note: The public will be invited to comment before taking action on the budget resolutions. 2833-2876 Maggie Reisdorf, Deputy City Manager, will present an overview of the 2024 budget and levy and will be requesting discussion and action on the following: (See separate budget packet for additional content) A. Action on Resolution Adopting the 2024 Fee Schedule 2835 B. Action on an Ordinance amending Franchise Fees for 2024 2866-2869 C. Approve Resolution Approving the 2024 General Fund Budget in the amount of 2874 $7,113,579; Setting the Final Levy at $7,744,077; and approval the Final Overall Budget for 2024. PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. D. Approve Resolution Approving the 2024 HRA Levy in the amount of $250,000 for 2876 the purpose of defraying the cost of operation pursuant to the provisions of MSA 469 of the Housing and Redevelopment Authority of, and for, the City of Mound for the year 2024. 12. City Engineer Matt Bauman: 2024 Liftstation Improvement Project Engineering Study 2877-2890 Approve a Resolution Receiving Report and Authorizing Preparation of Plans and 2882 Specifications and ordering Advertisement for Bids for the 2024 Liftstation Improvements Project. 13. Discussion and action to approve a Task Order with Bolton and Menk, Inc for 2891-2892 temporary Public Works Director "Office Hours" 14. Comments/Reports from Council Members Council Member Pugh Council Member Larson Council Member McEnaney Council Member Castellano Mayor Holt 15. Information/Miscellaneous A. Reports: Harbor Wine and Spirits — November 2023 2893 B. Minutes: C. Correspondence: Minnehaha Creek Watershed District Land & Water Partnership 2894-2895 Metro Mosquito Control District 2023 Activities Executive Summary 2896-2898 16. Adjourn COUNCIL BRIEFING Tuesday, December 12, 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: 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 Emereencv Notifications I Mound, MN (cityofmound.com) Like and follow City of Mound Facebook [link goes here] WINTER PARKING RULES IN EFFECT January 27, 2024 — Polar Plunge at Surfside Beach and Park [link] February 3, 4, 2024 — Klondike Derby on Lake Minnetonka [link] City Offices: Closed Friday, December 27, 2023 for New Years Eve Closed Monday, January 1, 2024 for New Years Day Closed Monday January 15, 2024 for Martin Luther King Jr. 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. CITY OF MOUND RESOLUTION NO. 23-99 A RESOLUTION OF THE CITY OF MOUND RECOGNIZING CITY MANAGER ERIC HOVERSTEN FOR HIS EXEMPLARY SERVICE WHEREAS, Eric Hoversten started as City Manager on January 1, 2016; and WHEREAS, prior to his role as City Manager, Eric Hoversten held the position of Public Works Director from May 11, 2015 to December 31, 2015 therefore providing simultaneously over eight and a half years of dedicated services to the City of Mound; and WHEREAS, throughout his tenure, Eric Hoversten worked successfully with Mound Councilmembers with unwavering dedication and commitment to public service, and, WHEREAS, as City Manager, Eric Hoversten worked diligently with the Councilmembers to recommend and adopt policies and decisions in the best interest of the community, and always represented the City of Mound in a professional manner, and WHEREAS, during his tenure as City Manager, Eric Hoversten's high standards of professionalism in decision -making, work performance, and interpersonal skills have strengthened the City of Mound's organization immeasurably, and WHEREAS, Eric Hoversten always worked in a collaborative way, with a team approach and for Eric Hoversten's staff, he has been a great leader, colleague, role model, mentor and friend; and WHEREAS, the City of Mound appreciates his years of professional guidance and leadership of the City organization and thanks Eric Hoversten for his years of service to the City and community, and NOW, THEREFORE BE IT RESOLVED, The City Council of Mound, does hereby recognize and congratulates City Manager Eric Hoversten for his exemplary service and wishes him all the best as he transitions into the world of retirement. Adopted by the City Council this 12th day of December, 2023. Mayor Jason R. Holt Attest: Kevin Kelly, Clerk 2023 City of Mound Claims 12-12-23 _C ■ MILE AD DOLLAR AMOUNT 2023 PAYREQ112823 $ 382,696.82 2023 113023CTYMAN $ 93,944.93 2023 HOFFBARRY1023 $ 8,782.00 2023 121223CITY $ 123,350.76 2023 121223 H WS $ 142,001.53 TOTAL CLAIMS 11 $ 750,776.04 =01-01 CITY OF MOUND Payments Current Period: December 2023 Payments Batch PAYREQ112823 $382,696.82 Refer 4054 CREATE CONSTRUCTION, LLC Cash Payment E 602-49450-500 Capital Outlay FA Invoice 73443 11/192023 Transaction Date 12/72023 CREATE CEMENT PADS @ 2518 LAKEWOOD LN & 4518 ISLAND VIEW DRIVE- PART OF 2023 LIFT STATION IMPROV PROJECT PW 23-03- SCHERVEN LIFT STATION GENERATOR & FORCEMAIN PROJECTS Project PW2303 U.S. Bank 10100 10100 Total Refer 4055 MINGER CONSTRUCTION, INC. _ Cash Payment E 602-49450-500 Capital Outlay FA PAY REQUEST #2 2023 LIFT STATION IMPROVEMENT PROJ PW 23-03 F-1 LAKEWINDS LS -WORK COMPLETED SEPT 26 THROUGH NOV 13, 2023 MINGER CONSTRUCTION Invoice 121223 11222023 Project PW2303 Transaction Date 12/72023 U.S. Bank 10100 10100 Total Fund Summary 602 SEWER FUND 10100 U.S. Bank 10100 $382,696.82 $382,696.82 Pre -Written Checks $0.00 Checks to be Generated by the Computer $382,696.82 Total $382,696.82 12/07/23 12:26 PM Page 1 $4,809.00 $4,809.00 $377,887.82 $377,887.82 000110, CITY OF MOUND Payments Current Period: December 2023 Payments Batch 113023CITYMAN $93,944.93 Refer 3072 ASPEN EQUIPMENT _ Cash Payment E 101-43100-404 Equip & Vehicle Repairs REPAIR STREETS TRUCK#515- HOSES, HOSE KITS, REPLACEMENT CHAIN ASSEMBLIES, URETHANE EDGES Invoice PS0047900-1 10/172023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total Refer 3010 CENTERPOINT ENERGY Cash Payment E 101-41930-383 Gas Utilities Invoice 113023 11212023 Cash Payment E 222-42260-383 Gas Utilities Invoice 113023 11212023 Cash Payment E 101-45200-383 Gas Utilities Invoice 113023 11212023 Cash Payment E 101-41910-383 Gas Utilities Invoice 113023 11212023 Cash Payment E 609-49750-383 Gas Utilities Invoice 113023 11212023 Cash Payment E 101-45200-383 Gas Utilities Invoice 113023 11212023 Cash Payment E 602-49450-383 Gas Utilities Invoice 113023 11212023 Cash Payment E 601-49400-383 Gas Utilities Invoice 113023 11212023 Cash Payment E 101-43100-383 Gas Utilities Invoice 113023 11212023 Transaction Date 11/302023 Refer 3011 CENTERPOINT ENERGY Cash Payment E 602-49450-383 Gas Utilities Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities Invoice 113023-2 11212023 12/05/23 1:22 PM Page 1 $3,218.79 $3.218.79 GAS SVC 9-20-23 TO 10-20-23- BILL #9 $37.31 GAS SVC 9-20-23 TO 10-20-23- BILL #9 $211.45 GAS SVC 9-20-23 TO 10-20-23- BILL #9 $195.32 GAS SVC 9-20-23 TO 10-20-23- BILL #9 $196.04 GAS SVC 9-20-23 TO 10-20-23- BILL #9 $58.14 GAS SVC 9-20-23 TO 10-20-23- BILL #9- $58.83 DEPOT BLDG GAS SVC 9-20-23 TO 10-20-23- BILL #9 $73.90 GAS SVC 9-20-23 TO 10-20-23- BILL #9 $73.89 GAS SVC 9-20-23 TO 10-20-23- BILL #9 $73.90 U.S. Bank 10100 10100 Total 4948 BARTLETT LS E2 GENERATOR NATL GAS SVC 9-20-23 THRU 10-20-23 1717 BAYWOOD SHORES DR. LS GENERATOR NATL GAS SVC 9-20-23 THRU 10-20-23 4728 CARLOW RD LS GENERATOR NATL GAS SVC 9-20-23 THRU 10-20-23 1871 COMMERCE BLVD NEW LIFT STATION GENERATOR NATL GAS SVC 9-20-23 THRU 10-20-23 2649 EMERALD DR. LS E3 GENERATOR NATL GAS SVC 9-20-23 THRU 10-20-23 5808 GRANDVIEW BLVD LS GENERATOR NATL GAS SVC 9-20-23 THRU 10-20-23 $978.78 $32.62 $34.48 $27.04 $22.40 $31.69 $0.00 461816 CITY OF MOUND 12/05/23 1:22 PM Page 2 Payments Current Period: December 2023 Cash Payment E 602-49450-383 Gas Utilities 2990 HIGHLAND BLVD LS B1 GENERATOR $34.49 NATL GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 5260 LYNWOOD BLVD. LS GENERATOR $23.32 NATL GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 4791 NORTHERN RD LS D1 GENERATOR $31.69 NATL GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 1972 SHOREWOOD LN LS GENERATOR $17.75 NATL GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 3172 SINCLAIR RD LS GENERATOR NATL $33.55 GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 1758 SUMACH LANE LS GENERATOR NATL $24.24 GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 4922 THREE PTS BLVD LS GENERATOR $27.97 NATL GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 3303 WATERBURY RD LS GAS SVC 9-20-23 $24.24 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 5077 WINDSOR RD LS GENERATOR NATL $22.40 GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 4783 ISLAND VIEW DRIVE LS GENERATOR $32.62 NATL GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 5330 BARTLETT & LAKEWOOD- LS E4 $36.33 GENERATOR NATL GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 3000 ISLAND VIEW DR GENERATOR NATL $24.24 GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Cash Payment E 602-49450-383 Gas Utilities 3080 HIGHLAND BLVD LS GENERATOR NATL $45.11 GAS SVC 9-20-23 THRU 10-20-23 Invoice 113023-2 11212023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $526.18 Refer 3070 CENTRAL MCGOWAN, INCORPOR _ Cash Payment E 602-49450-210 Operating Supplies HIGH PRESSURE MEDIUM & ACETYLENE $9.02 MEDIUM CYLINDER RENTALS - & SAFETY & COMPLIANCE CHECK Invoice 0000267660 10/312023 Cash Payment E 601-49400-210 Operating Supplies HIGH PRESSURE MEDIUM & ACETYLENE $9.02 MEDIUM CYLINDER RENTALS- & SAFETY & COMPLIANCE CHECK Invoice 0000267660 10/312023 Cash Payment E 101-43100-210 Operating Supplies HIGH PRESSURE MEDIUM & ACETYLENE $9.03 MEDIUM CYLINDER RENTALS- & SAFETY & COMPLIANCE CHECK Invoice 0000267660 10/312023 46181 CITY OF MOUND 12/05/23 1:22 PM Page 3 Payments Current Period: December 2023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $27.07 Refer 3071 CINTAS _ Cash Payment E 602-49450-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $15.65 REFILL- PUB WKS SHOP- 11/02/23 Invoice 4172813488 1122023 Cash Payment E 602-49450-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $17.26 REFILL- PUB WKS SHOP- 11/09/23 Invoice 4173527984 11/92023 Cash Payment E 609-49750-210 Operating Supplies MATS, TOWELS, DUST MOP, WET MOP- $64.52 HWS- 11/02/23 Invoice 4172813603 1122023 Cash Payment E 609-49750-210 Operating Supplies MATS, TOWELS, DUST MOP, WET MOP- $64.52 HWS- 11/09/23 Invoice 4173527993 11/92023 Cash Payment E 609-49750-210 Operating Supplies MATS, TOWELS, DUST MOP, WET MOP- $64.52 HWS- 11/16/23 Invoice 4174317570 11/162023 Cash Payment E 601-49400-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $15.66 REFILL- PUB WKS SHOP- 11/02/23 Invoice 4172813488 1122023 Cash Payment E 101-43100-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $15.66 REFILL- PUB WKS SHOP- 11/02/23 Invoice 4172813488 1122023 Cash Payment E 101-45200-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $15.66 REFILL- PUB WKS SHOP- 11/02/23 Invoice 4172813488 1122023 Cash Payment E 601-49400-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $17.26 REFILL- PUB WKS SHOP- 11/09/23 Invoice 4173527984 11/92023 Cash Payment E 101-43100-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $17.26 REFILL- PUB WKS SHOP- 11/09/23 Invoice 4173527984 11/92023 Cash Payment E 101-45200-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $17.26 REFILL- PUB WKS SHOP- 11/09/23 Invoice 4173527984 11/92023 Cash Payment E 602-49450-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $15.66 REFILL- PUB WKS SHOP- 11/16/23 Invoice 4174317653 11/162023 Cash Payment E 601-49400-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $15.65 REFILL- PUB WKS SHOP- 11/16/23 Invoice 4174317653 11/162023 Cash Payment E 101-43100-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $15.66 REFILL- PUB WKS SHOP- 11/16/23 Invoice 4174317653 11/162023 Cash Payment E 101-45200-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $15.66 REFILL- PUB WKS SHOP- 11/16/23 Invoice 4174317653 11/162023 Cash Payment E 602-49450-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $17.26 REFILL- PUB WKS SHOP- 1122/23 Invoice 4175010605 11222023 Cash Payment E 601-49400-210 Operating Supplies MATS, TOWELS, CENTERPULL TOWEL $17.26 REFILL- PUB WKS SHOP- 1122/23 Invoice 4175010605 11222023 618 CITY OF MOUND Payments Current Period: December 2023 Cash Payment E 101-43100-210 Operating Supplies Invoice 4175010605 11222023 Cash Payment E 101-45200-210 Operating Supplies Invoice 4175010605 11222023 Cash Payment E 602-49450-210 Operating Supplies Invoice 74494 11/12023 Cash Payment E 601-49400-210 Operating Supplies Invoice 74494 11/12023 Cash Payment E 101-43100-210 Operating Supplies Invoice 74494 11/12023 Cash Payment E 101-45200-210 Operating Supplies Invoice 74494 11/12023 Cash Payment E 609-49750-210 Operating Supplies Invoice 74975 11/12023 Cash Payment E 609-49750-210 Operating Supplies Invoice 4175010624 11222023 Cash Payment E 609-49750-210 Operating Supplies Invoice 4175621815 11/302023 Cash Payment E 101-45200-210 Operating Supplies Invoice 5183110917 11/72023 Cash Payment E 101-43100-210 Operating Supplies Invoice 5183110917 11/72023 Cash Payment E 601-49400-210 Operating Supplies Invoice 5183110917 11/72023 Cash Payment E 602-49450-210 Operating Supplies Invoice 5183110917 11/72023 Transaction Date 11/302023 Refer 3071 CORE & MAIN LP Cash Payment E 601-49400-210 Operating Supplies Invoice T879332 11/32023 Cash Payment E 601-49400-210 Operating Supplies Invoice T081847 11/132023 Transaction Date 11/302023 Refer 3009 CUMMINS INC. MATS, TOWELS, CENTERPULL TOWEL REFILL- PUB WKS SHOP- 11/22/23 MATS, TOWELS, CENTERPULL TOWEL REFILL- PUB WKS SHOP- 1122/23 CREDIT ADJUST PREVIOUS INVOICE CREDIT ADJUST PREVIOUS INVOICE CREDIT ADJUST PREVIOUS INVOICE CREDIT ADJUST PREVIOUS INVOICE MATS, TOWELS, DUST MOP, WET MOP- HWS- 112223 MATS, TOWELS, DUST MOP, WET MOP- H W S- 11 /3023 FIRST AID CABINET ORGANIZED, EXPIRATION DATES CHECKED, SAFETY & FIRST AID SUPPLIES RESTOCKED- 11-07- 23- PUBLIC WORKS SHOP FIRST AID CABINET ORGANIZED, EXPIRATION DATES CHECKED, SAFETY & FIRST AID SUPPLIES RESTOCKED- 11-07- 23- PUBLIC WORKS SHOP FIRST AID CABINET ORGANIZED, EXPIRATION DATES CHECKED, SAFETY & FIRST AID SUPPLIES RESTOCKED- 11-07- 23- PUBLIC WORKS SHOP FIRST AID CABINET ORGANIZED, EXPIRATION DATES CHECKED, SAFETY & FIRST AID SUPPLIES RESTOCKED- 11-07- 23- PUBLIC WORKS SHOP U.S. Bank 10100 10100 Total CAR CHARGER COMMAND LINK 27 WIRED DP HR & LID METERS & PARTS U.S. Bank 10100 10100 Total 12/05/23 1:22 PM Page 4 $17.26 $17.26 -$1.82 -$1.82 -$1.82 -$1.82 -$5.92 $64.52 $57.24 $173.39 $173.39 $173.39 $173.38 $1,259.01 $667.64 $5,558.35 $6,225.99 61810 CITY OF MOUND Payments Current Period: December 2023 Cash Payment E 602-49450-440 Other Contractual Servic SERVICE BACK UP GENERATOR@ C-5 LIFT STATION- OIL LEAK FROM TURBO DRAIN LINE- REPLACE TURBO Invoice E-4-13206 10/302023 Cash Payment E 602-49450-440 Other Contractual Servic SERVICE BACK UP GENERATOR@ C-1 LIFT STATION- OXYGEN SENSOR FAILED - INSTALLED NEW 02 SENSOR Invoice E-4-13203 10/302023 Cash Payment E 602-49450-440 Other Contractual Servic SERVICE BACK UP GENERATOR@ SHOREWOOD LIFT STATION- INSTALL NEW STARTER- FOUND MICE CHEWED REMOTE START UNIT- SHORTING OUT Invoice E-4-13207 10/302023 Cash Payment E 602-49450-440 Other Contractual Servic SERVICE BACK UP GENERATOR@ E-3 LIFT STATION- REPLACE OXYGEN SENSOR Invoice E-4-15258 11/92023 Transaction Date 11/302023 Refer 3073 DAVEY TREE EXPERT COMPANY Cash Payment E 281-45210-533 Tree Removal Invoice 918154309 11/62023 Cash Payment E 281-45210-533 Tree Removal Invoice 918176904 11/152023 Cash Payment E 281-45210-533 Tree Removal Invoice 918176904 11/152023 Transaction Date 11/302023 U.S. Bank 10100 10100 12/05/23 1:22 PM Page 5 $2,259.01 $1,863.86 $1,369.77 $1,316.87 Total $6,809.51 REMOVE TO NEAR GRADE- 8 EAB $11,200.00 INFESTED ASH TREES - 26", 21 ", 26", 26", 8", 8", 12" & DUAL STEM 23", 24" @ 5421 SPRUCE RD HAUL ALL WOOD & DEBRIS AWAY Project EAB REMOVE TO NEAR GRADE- 24" EAB $2,520.00 INFESTED ASH TREE @ 5240 PIKE RD HAUL ALL WOOD & DEBRIS AWAY Project EAB REMOVE ENTIRE DUAL STEM LARGE BUR $11,200.00 OAK 70" ( EACH LEAD 35') TREE - CABLE HOLDING IT TOGETHER- UTILIZE CRANE TO REMOVE SAFELY @ 5240 PIKE RD HAUL ALL WOOD & DEBRIS AWAY U.S. Bank 10100 10100 Total $24,920.00 Refer 3074 KLEIN UNDERGROUND, LLC Cash Payment E 601-49400-440 Other Contractual Servic CONCRETE BLACKTOP SAWING, ASPHALT $5,100.50 REMOVAL & REPAIR @ 1571 BLUEBIRD LN- WATER MAIN BREAK REPAIR 11-14-23 Invoice 57392 11/142023 Project WATER Cash Payment E 601-49400-440 Other Contractual Servic CONCRETE BLACKTOP SAWING, ASPHALT $3,193.75 REMOVAL & REPAIR @ 2530 LAKEWOOD LN- WATER MAIN BREAK REPAIR 11-07-23 Invoice 57346 11/72023 Project WATER Transaction Date 11/302023 U.S. Bank 10100 10100 Total $8,294.25 Refer 3076 LAKESIDE EMBROIDERY _ Cash Payment E 601-49400-218 Clothing and Uniforms EMBROIDER CITY OF MOUND LOGO ON $30.00 LEFT CHEST 15 PUBLIC WORKS STAFF SWEATSHIRTS Invoice 3133 11/72023 Cash Payment E 602-49450-218 Clothing and Uniforms EMBROIDER CITY OF MOUND LOGO ON $30.00 LEFT CHEST 15 PUBLIC WORKS STAFF SWEATSHIRTS Invoice 3133 11/72023 4618L! CITY OF MOUND Payments Current Period: December 2023 Cash Payment E 101-43100-218 Clothing and Uniforms EMBROIDER CITY OF MOUND LOGO ON LEFT CHEST 15 PUBLIC WORKS STAFF SWEATSHIRTS Invoice 3133 11/72023 Cash Payment E 101-45200-218 Clothing and Uniforms EMBROIDER CITY OF MOUND LOGO ON LEFT CHEST 15 PUBLIC WORKS STAFF SWEATSHIRTS Invoice 3133 11/72023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total Refer 3077 LAND EQUIPMENT, INCORPORAT _ Cash Payment E 101-43100-404 Equip & Vehicle Repairs REPLACE LEAKING POWER BOB TACH VALVE & FITTINGS- SYNTHETIC OIL, GREASE-- STREETS TOOLCAT Invoice 03-1037723 11/92023 Cash Payment E 101-45200-220 Repair Supplies & Equip ELEMENT FILTERS, OIL ENGINE FILTERS, INNER & OUTER AIR FILTERS, HYDRAULIC FILTERS, RECIRCULATING AIR FILTERS - PARKS EQUIPMENT Invoice 03-1037149 11/72023 Cash Payment E 101-43100-220 Repair Supplies & Equip PINTLE HOK 2 1/2 COMBO 2 5/16 BALL - STREETS Invoice 03-1037797 11/92023 Transaction Date 11/302023 U.S. Bank 10100 10100 Refer 3078 LOFFLER COMPANIES, INCORPOR _ Cash Payment E 609-49750-202 Duplicating and copying HWS COPIER -CANON C26501F - COLOR OVERAGE- 8-01-23 THRU 10-31-23 Invoice 4518854 1122023 Cash Payment E 609-49750-202 Duplicating and copying HWS COPIER -CANON C26501F - B & W OVERAGE- 8-01-23 THRU 10-31-23 Invoice 4518854 1122023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total Total Refer 3079 LOFFLER COMPANIES, INCORPOR _ Cash Payment E 222-42260-202 Duplicating and copying CANON C2501F FIRE COPIER - COLOR OVERAGE CHARGES - 8-1-23 THRU 10-31-23 Invoice 4518850 1122023 Cash Payment E 222-42260-202 Duplicating and copying CANON C2501F FIRE COPIER - B & W OVERAGE CHARGES - 8-1-23 THRU 10-31-23 Invoice 4518850 1122023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total Refer 3081 MARTIN-MCALLISTER, CONSULT 1 _ Cash Payment E 222-42260-305 Medical Services PUBLIC SAFETY ASSESSMENT- NEW FIREFIGHTER -S. GARDNER Invoice 15723 10/312023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total Refer 3080 MEDIACOM _ Cash Payment E 101-42110-321 Telephone, Cells, & Red ORONO PD INTERNET SVC 11-16-23 THRU 12-15-23 Invoice 113023 11/62023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total Refer 3082 MID -COUNTY AUTO TRUCK TIRE C 12/05/23 1:22 PM Page 6 $30.00 $30.00 $120.00 $1,935.48 $405.97 $217.10 $2,558.55 $26.40 $44.47 $70.87 $252.79 $143.84 $396.63 $625.00 $625.00 $96.90 $96.90 461819i Cash Payment E 601-49400-212 Motor Fuels Invoice 58806 10272023 Transaction Date 11/302023 CITY OF MOUND Payments Current Period: December 2023 #1 DYED FUEL OIL, 64 GALLONS- WATER TOWER #3 CHATEAU LN U.S. Bank 10100 10100 Total Refer 3083 MINNEAPOLIS GLASS _ Cash Payment E 101-41930-400 Repairs & Maintenance- REPLACE GLASS- 2ND FLOOR PUBLIC SAFETY TRAINING ROOM - REQUIRED LIFT Invoice 17243 10272023 PO 25439 Cash Payment E 222-42260-401 Building Repairs REPLACE GLASS- 2ND FLOOR PUBLIC SAFETY TRAINING ROOM - REQUIRED LIFT Invoice 17243 10272023 PO 25439 Transaction Date 11/302023 U.S. Bank 10100 10100 Total Refer 3084 MUELLER, WILLIAM AND SONS _ Cash Payment E 101-43100-224 Street Maint Materials 3/4" MINUS MIX- 82.14 TON DELIVERED 11- 06-23 Invoice 294893 11/62023 Cash Payment E 101-43100-224 Street Maint Materials 1/4" VIRGIN SAND 2.05 TON DELIVERED 11- 07-23 Invoice 294952 11/72023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total 12/05/23 1:22 PM Page 7 $407.62 $407.62 $1,633.72 $1,633.72 $3,267.44 $2,053.50 $190.65 $2,244.15 Refer 3085 NORTH AMERICAN SAFETY INC. _ Cash Payment E 101-43100-218 Clothing and Uniforms 18 CARHARTT WORKWEAR POCKET SHORT $112.23 SLEEVE T-SHIRTS- PUBLIC WORKS & PARKS STAFF- SCREENPRINT CITY OF MOUND LOGO - FRONT CHEST Invoice 81762 11/12023 Cash Payment E 101-45200-218 Clothing and Uniforms 18 CARHARTT WORKWEAR POCKET SHORT $112.23 SLEEVE T-SHIRTS- PUBLIC WORKS & PARKS STAFF- SCREENPRINT CITY OF MOUND LOGO - FRONT CHEST Invoice 81762 11/12023 Cash Payment E 601-49400-218 Clothing and Uniforms 18 CARHARTT WORKWEAR POCKET SHORT $112.23 SLEEVE T-SHIRTS- PUBLIC WORKS & PARKS STAFF- SCREENPRINT CITY OF MOUND LOGO - FRONT CHEST Invoice 81762 11/12023 Cash Payment E 602-49450-218 Clothing and Uniforms 18 CARHARTT WORKWEAR POCKET SHORT $112.23 SLEEVE T-SHIRTS- PUBLIC WORKS & PARKS STAFF- SCREENPRINT CITY OF MOUND LOGO - FRONT CHEST Invoice 81762 11/12023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $448.92 Refer 3086 NORTHERN TOOL AND EQUIPMEN _ Cash Payment E 602-49450-220 Repair Supplies & Equip ARIENS S 18 ELECTRIC STRT $579.00 SNOWBLOWER- TO CLEAR LIFT STATIONS Invoice 54060230423102 10/312023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $579.00 Refer 3087 OFFICE DEPOT (FIRE) _ Cash Payment E 222-42260-200 Office Supplies BULLETIN BOARD- FOAM- FIRE DEPT $139.99 Invoice 338788425001 10252023 PO 25351 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $139.99 46181161 CITY OF MOUND Payments Current Period: December 2023 12/05/23 1:22 PM Page 8 Refer 3088 OPUS 21 MGMT SOLUTIONS, LLC _ Cash Payment E 601-49400-307 Admin/Finance/Comput OCTOBER 2023-UTILITY BILLING -CIS DATA $1,866.52 HOSTING, PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 231054 11/102023 Cash Payment E 602-49450-307 Admin/Finance/Comput OCTOBER 2023-UTILITY BILLING -CIS DATA $1,866.52 HOSTING, PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 231054 11/102023 Cash Payment E 601-49400-322 Postage OCTOBER 2023- UTILITY BILLING POSTAGE $369.18 Invoice 231054 11/102023 Cash Payment E 602-49450-322 Postage OCTOBER 2023- UTILITY BILLING POSTAGE $369.17 Invoice 231054 11/102023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $4,471.39 Refer 3089 PERFORMANCEPLUS LLC _ Cash Payment E 222-42260-305 Medical Services PRE -PLACEMENT MEDICAL EXAM, DRUG $359.00 SCREEN, MASK FIT, HEPATITIS B TITER - NEW FIREFIGHTER- B. BOEHM Invoice 123641 9/142023 Cash Payment E 222-42260-305 Medical Services PRE -PLACEMENT MEDICAL EXAM, DRUG $359.00 SCREEN, MASK FIT, HEPATITIS B TITER - NEW FIREFIGHTER- S. GARDNER Invoice 123737 11/112023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $718.00 Refer 3090 ROD EQUIPMENT COMPANY _ Cash Payment E 101-43100-404 Equip & Vehicle Repairs SERVICE 4W D LOADER $1,026.02 Invoice W6615401 11/72023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $1,026.02 Refer 3091 STA-SAFE LOCKSMITHS COMPAN _ Cash Payment E 222-42260-210 Operating Supplies 11 DUPLICATE KEYS- FIRE DEPARTMENT $77.00 Invoice 10/42023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $77.00 Refer 3094 SUN NEWSPAPERS-HWS ACCT. _ Cash Payment E 609-49750-340 Advertising ANNUAL REPEAL OF PROHIBITION SALE $406.00 EVENT- SAT DEC 2ND- AD PUBLISHED 11-25- 23 Invoice 975024 11262023 Cash Payment E 609-49750-340 Advertising SMALL BUSINESS SATURDAY AD $23.75 PUBLIISHED 11-23-23 Invoice 975023 11262023 Cash Payment E 609-49750-340 Advertising SMALL BUSINESS SATURDAY AD $47.50 PUBLIISHED 11-16 & 11-18-23 Invoice 974090 11/192023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $477.25 Refer 3092 SUN PATRIOT NEWSPAPER -CITY 4618r5A CITY OF MOUND 12/05/23 1:22 PM Page 9 Payments Current Period: December 2023 Cash Payment G 101-23494 PC22-18 TOWNHOMES-CO LEGAL NTCE- PUBLIC HEARING- NOV 14- $189.75 CONSIDER MAJOR SUBDIVISION PRELIM PLAT, CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT & VACATION OF EXISTING DRAINAGE & UTILITY EASEMENTS FOR A PROPOSED 4- UNIT, 2 BLDG TOWNHOME PROJECT ON FERN LANE BEHIND COMMERCE PLACE SHOPPING CTR- RPG- PUBLISHED 11-04-23 Invoice 971598 11/42023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $189.75 Refer 3095 ULINE _ Cash Payment E 101-41910-210 Operating Supplies 12 PLEATED AIR FILTERS- CENTENNIAL $352.97 BLDG Invoice 170808491 11/102023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $352.97 Refer 4002 USA BLUEBOOK _ Cash Payment E 601-49400-210 Operating Supplies HACH FREE CHLORINE SWIFTESTS, $218.16 DISPENSER REFILL Invoice 00192187 11/92023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $218.16 Refer 3093 USA SAFETY SUPPLY CORP _ Cash Payment E 101-43100-218 Clothing and Uniforms 14 RIP STOP SOFTSHELL JACKETS- PUBLIC $258.97 WORKS & PARKS STAFF UNIFORMS Invoice 159972 11/72023 Cash Payment E 101-45200-218 Clothing and Uniforms 14 RIP STOP SOFTSHELL JACKETS- PUBLIC $258.97 WORKS & PARKS STAFF UNIFORMS Invoice 159972 11/72023 Cash Payment E 601-49400-218 Clothing and Uniforms 14 RIP STOP SOFTSHELL JACKETS- PUBLIC $258.97 WORKS & PARKS STAFF UNIFORMS Invoice 159972 11/72023 Cash Payment E 602-49450-218 Clothing and Uniforms 14 RIP STOP SOFTSHELL JACKETS- PUBLIC $258.96 WORKS & PARKS STAFF UNIFORMS Invoice 159972 11/72023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $1,035.87 Refer 4001 VERIZON WIRELESS _ Cash Payment E 101-43100-321 Telephone, Cells, & Red STREETS LEAD WORKER TABLET- $35.01 INTERNET SVC- 10-11-23 THRU 11-10-23 Invoice 9948942097 11/102023 Cash Payment E 602-49450-321 Telephone, Cells, & Red PUBLIC WORKS SUPERVISOR- RYAN $35.01 PRICH TABLET- INTERNET SVC- 10-11-23 THRU 11-10-23 Invoice 9948942097 11/102023 Cash Payment E 601-49400-321 Telephone, Cells, & Red PUBLIC WORKS DEPT-TABLET- HOT SPOT $35.01 SVC 10-11-23 THRU 11-10-23 Invoice 9948942097 11/102023 Cash Payment E 602-49450-321 Telephone, Cells, & Red UTILITY LEAD WORKER TABLET- INTERNET $17.50 SVC- SVC 10-11-23 THRU 11-10-23 Invoice 9948942097 11/102023 Cash Payment E 601-49400-321 Telephone, Cells, & Red UTILITY LEAD WORKER TABLET- INTERNET $17.51 SVC- SVC 10-11-23 THRU 11-10-23 Invoice 9948942097 11/102023 46181i] CITY OF MOUND 12/05/23 1:22 PM Page 10 Payments Current Period: December 2023 Cash Payment E 101-45200-321 Telephone, Cells, & Red PARKS LEAD WORKER TABLET- INTERNET $40.01 SVC 10-11-23 THRU 11-10-23 Invoice 9948942097 11/102023 Cash Payment E 101-43100-321 Telephone, Cells, & Red STREETS DEPT TABLET INTERNET SVC 10- $35.01 11-23 THRU 11-10-23 Invoice 9948942097 11/102023 Cash Payment E 101-43100-321 Telephone, Cells, & Red PUB WKS OPEN LINE INTERNET SVC 10-11- $35.01 23 THRU 11-10-23 Invoice 9948942097 11/102023 Cash Payment E 101-42400-321 Telephone, Cells, & Red FIELD OFFICER INTERNET SVC 10-11-23 $17.51 THRU 11-10-23 Invoice 9948942097 11/102023 Cash Payment E 101-42115-321 Telephone, Cells, & Red FIELD OFFICER INTERNET SVC 10-11-23 $17.50 THRU 11-10-23 Invoice 9948942097 11/102023 Cash Payment E 602-49450-321 Telephone, Cells, & Red UTILITY DEPT TABLET- INTERNET SVC 10- $17.51 11-23 THRU 11-10-23 Invoice 9948942097 11/102023 Cash Payment E 601-49400-321 Telephone, Cells, & Red UTILITY DEPT TABLET- INTERNET SVC 10- $17.50 11-23 THRU 11-10-23 Invoice 9948942097 11/102023 Cash Payment E 101-45200-321 Telephone, Cells, & Red PARKS DEPT TABLET- INTERNET SVC 10- $35.01 11-23 THRU 11-10-23 Invoice 9948942097 11/102023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $355.10 Refer 4000 VERIZON WIRELESS _ Cash Payment E 101-43100-321 Telephone, Cells, & Red CELL PHONE CHARGES 10-14-23 THRU 11- $141.10 13-23 Invoice 9949234054 11/132023 Cash Payment E 601-49400-321 Telephone, Cells, & Red CELL PHONE CHARGES 10-14-23 THRU 11- $92.81 13-23 Invoice 9949234054 11/132023 Cash Payment E 602-49450-321 Telephone, Cells, & Red CELL PHONE CHARGES 10-14-23 THRU 11- $92.81 13-23 Invoice 9949234054 11/132023 Cash Payment E 101-42400-321 Telephone, Cells, & Red CELL PHONE CHARGES 10-14-23 THRU 11- $28.41 13-23 Invoice 9949234054 11/132023 Cash Payment E 101-45200-321 Telephone, Cells, & Red CELL PHONE CHARGES 10-14-23 THRU 11- $96.60 13-23 Invoice 9949234054 11/132023 Cash Payment E 101-41310-321 Telephone, Cells, & Red CELL PHONE CHARGES 10-14-23 THRU 11- $56.20 13-23 Invoice 9949234054 11/132023 Cash Payment E 101-42115-321 Telephone, Cells, & Red CELL PHONE CHARGES 10-14-23 THRU 11- $16.10 13-23 Invoice 9949234054 11/132023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total $524.03 Refer 3096 WASTE MANAGEMENT OF MN, IN _ Cash Payment E 101-43100-220 Repair Supplies & Equip ORGANIC YARD WASTE DISPOSAL- WOOD $40.00 CHIPS- 4 CUBIC YARDS Invoice 1640 10/42023 46181+. CITY OF MOUND Payments Current Period: December 2023 Cash Payment E 101-45200-232 Landscape Material ORGANIC YARD WASTE DISPOSAL- WOOD CHIPS- 3 CUBIC YARDS- 4436 MANCHESTER Invoice 2853 10232023 Cash Payment E 101-45200-232 Landscape Material ORGANIC YARD WASTE DISPOSAL- WOOD CHIPS- 5 CUBIC YARDS- 4436 MANCHESTER Invoice 2842 10232023 Cash Payment E 101-43100-220 Repair Supplies & Equip ORGANIC YARD WASTE DISPOSAL- WOOD CHIPS- 2.5 CUBIC YARDS- BARTLETT RIGHT OF WAY Invoice 1636 10/42023 Cash Payment E 101-43100-220 Repair Supplies & Equip ORGANIC YARD WASTE DISPOSAL- WOOD CHIPS- 3 CUBIC YARDS- RIDGEWOOD DRIVE Invoice 1652 10/42023 Cash Payment E 101-43100-220 Repair Supplies & Equip ORGANIC YARD WASTE DISPOSAL- WOOD CHIPS- 1 CUBIC YARD- HAZELWOOD/CHATEAU Invoice 1547 10/32023 Cash Payment E 101-43100-220 Repair Supplies & Equip ORGANIC YARD WASTE DISPOSAL- WOOD CHIPS- 4 CUBIC YARDS -KILDARE/CHATEAU Invoice 1493 1022023 Cash Payment E 101-43100-220 Repair Supplies & Equip ORGANIC YARD WASTE DISPOSAL- WOOD CHIPS- 3 CUBIC YARDS - HAZELWOOD/GLENWOOD Invoice 1444 1022023 Cash Payment E 101-43100-220 Repair Supplies & Equip ORGANIC YARD WASTE DISPOSAL- WOOD CHIPS- 2 CUBIC YARDS Invoice 1805 10/62023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total Refer 3097 WASTE MANAGEMENT OF WI -MN Cash Payment E 101-41930-384 Refuse/Garbage Dispos GARBAGE SERVICE NOV 2023- CITY HALL & FIRE DEPT Invoice 7850198-1593-1 11/32023 Cash Payment E 222-42260-384 Refuse/Garbage Dispos GARBAGE SERVICE NOV 2023- CITY HALL & FIRE DEPT Invoice 7850198-1593-1 11/32023 Transaction Date 11/302023 U.S. Bank 10100 10100 Total Refer 3098 XCEL ENERGY Cash Payment E 101-43100-381 Electric Utilities Invoice 851822459 11/32023 Transaction Date 11/302023 Refer 3099 XCEL ENERGY Cash Payment E 101-45200-381 Electric Utilities Invoice 851604428 1122023 Cash Payment E 101-45200-381 Electric Utilities Invoice 851604428 1122023 Cash Payment E 602-49450-381 Electric Utilities Invoice 851604428 1122023 Cash Payment E 101-43100-381 Electric Utilities Invoice 851604428 1122023 ELECTRIC SVC 10-03-23 THRU 11-02-23 CITY STREET LIGHTS U.S. Bank 10100 10100 Total 12/05/23 1:22 PM Page 11 $45.00 $75.00 $37.50 $45.00 $15.00 $40.00 $30.00 $20.00 $347.50 $110.55 $110.56 $221.11 $5,643.06 $5,643.06 ELECTRIC SVC- 9-25-23 TO 10-25-23 $119.47 ELECTRIC SVC- 9-25-23 TO 10-25-23- $92.46 DEPOT BLDG ELECTRIC SVC - 9-25-23 TO 10-25-23 $3,051.36 ELECTRIC SVC- 9-25-23 TO 10-25-23 $1,105.89 2011 CITY OF MOUND Payments Current Period: December 2023 Cash Payment E 601-49400-381 Electric Utilities Invoice 851604428 1122023 Cash Payment E 609-49750-381 Electric Utilities Invoice 851604428 1122023 Cash Payment E 101-41930-381 Electric Utilities Invoice 851604428 1122023 Cash Payment E 222-42260-381 Electric Utilities Invoice 851604428 1122023 Cash Payment E 101-41910-381 Electric Utilities Invoice 851604428 1122023 Cash Payment E 285-46388-381 Electric Utilities Invoice 851604428 1122023 Cash Payment E 101-42115-381 Electric Utilities Invoice 851604428 1122023 Transaction Date 11/302023 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 285 HRA/HARBOR DISTRICT 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND ELECTRIC SVC - 9-25-23 TO 10-25-23 ELECTRIC SVC - 9-25-23 TO 10-25-23 ELECTRIC SVC - 9-25-23 TO 10-25-23 ELECTRIC SVC - 9-25-23 TO 10-25-23 ELECTRIC SVC - 9-25-23 TO 10-25-23 ELECTRIC SVC - 9-25-23 TO 10-25-23 ELECTRIC SVC - 9-25-23 TO 10-25-23 U.S. Bank 10100 10100 Total 10100 U.S. Bank 10100 $23,516.46 $5,349.74 $24,920.00 $1,437.50 $22,005.45 $14,086.07 $2,629.71 $93,944.93 Pre -Written Checks $0.00 Checks to be Generated by the Computer $93,944.93 Total $93,944.93 12/05/23 1:22 PM Page 12 $3,739.39 $1,714.05 $1,437.39 $1,437.39 $889.72 $1,437.50 $48.45 $15,073.07 2011l CITY OF MOUND Payments Current Period: December 2023 Payments Batch HOFFBARRY1023 $8,782.00 Refer 4003 HOFF BARRY P.A. _ Cash Payment E 101-41600-300 Professional Srvs OLD SHORELINE, LLC- PURCHASE AGREEMENT TERMINATION - LEGAL SVCS OCT 2023 Invoice 17920 11/12023 Cash Payment E 101-41600-316 Legal P & I MISC PLANNING LEGAL SVCS- PUBLIC LANDS PERMIT, SUBDIVISION, VARIOUS DEVELOPMENT ISSUES- OCT 2023 Invoice 17918 11/12023 Cash Payment G 101-23440 4848/4852 LANARK ABATE 4848/4852 LANARK RD ABATEMENT MATTER- LEGAL SVCS OCT 2023 Invoice 17916 11/12023 Cash Payment E 101-41600-312 Legal Council COUNCIL COMMUNICATIONS, COUNCIL INITIATED MATTERS, LEGAL RESEARCH - PHONE CONFERENCE RE: MGR HIRE, CONFERENCE WITH STAFF RE: CONFLICT OF INTEREST, COUNCIL MEETING PREP, RELATED ATTENDANCE & NOTICES - LEGAL SVCS OCTOBER 2023 Invoice 17917 11/12023 Cash Payment E 101-41600-300 Professional Srvs Invoice 17916 11/12023 Cash Payment E 602-49450-500 Capital Outlay FA Invoice 17921 11/12023 Transaction Date 12/52023 12/05/23 1:49 PM Page 1 $129.50 $559.50 $55.50 $3,015.50 GENERAL LEGAL SERVICES OCTOBER 2023 $2,166.50 2023 LIFT STATION IMPROV PROJ PW 23-03- LEGAL SVCS OCT 2023 Project PW2303 U.S. Bank 10100 10100 Total $811.50 $6,738.00 Refer 4004 HOFF BERRY P.A. _ Cash Payment G 101-23494 PC22-18 TOWNHOMES-CO COMMERCE PLACE- FERN LANE $192.50 TOWNHOMES CUP PC 22-18 LEGAL SVCS OCT 2023 Invoice 17923 11/12023 Cash Payment G 101-23454 2396 COMMERCE BLVD H 2396 COMMERCE BLVD HAZARDOUS BLDG $1,530.00 MATTER -LEGAL SVCS OCT 2023 Invoice 17922 11/12023 Cash Payment E 101-41600-316 Legal P & I MISC PLANNING APP REVIEW- LEGAL SVCS $110.00 OCT 2023 Invoice 17925 11/12023 Cash Payment G 101-23505 2001 ARBOR LN-SUNCRE 2001 ARBOR LANE VARIANCE APP LEGAL $110.00 SVCS OCT 2023 Invoice 17926 11/12023 Cash Payment G 101-23501 1717 JONES LN -JOHN SU 1717 JONES LN- VARIANCE APP LEGAL $27.50 SVCS OCT 2023 Invoice 17924 11/12023 Cash Payment G 101-23455 3053 BRIGHTON BLVD AS 3053 BRIGHTON BLVD HAZARDOUS BLDG $74.00 ABATEMENT MATTER LEGAL SVCS OCT 2023 Invoice 17919 11/12023 Transaction Date 12/52023 U.S. Bank 10100 10100 Total $2,044.00 0201PA, CITY OF MOUND 12/05/23 1:49 PM Page 2 Payments Current Period: December 2023 Fund Summary 10100 U.S. Bank 10100 101 GENERAL FUND $7,970.50 602 SEWER FUND $811.50 $8,782.00 Pre -Written Checks $0.00 Checks to be Generated by the Computer $8,782.00 Total $8,782.00 20110 CITY OF MOUND Payments Current Period: December 2023 Payments Batch 121223CITY Refer 804 A-1 OUTDOOR POWER, INC $123,350.76 12/07/23 12:15 PM Page 1 Cash Payment E 101-45200-220 Repair Supplies & Equip BACKPACK BLOWER TUBE THROTTLE- SET $519.75 UP & SERVICED Invoice 546914 11212023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $519.75 Refer 4010 A-1 RENT IT, BROADWAY TENT & Cash Payment E 101-43100-440 Other Contractual Servic RENT MINI EXCAVATOR- 5 HOURS 11-27-23 $379.92 Invoice 193394-1 11272023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $379.92 Refer 4011 ADVANCED FIRST AID INC _ Cash Payment E 222-42260-210 Operating Supplies 2 ADULT ELECTRODE POWERHEART G3 $120.00 AED Invoice 1023-764 10/122023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $120.00 Refer 4012 BIFFS, INC PORTABLE RESTROO _ Cash Payment E 101-45200-410 Rentals (GENERAL) SURFSIDE PARK BIFFS RENTAL & PICK UP $19.11 11-01-23 Invoice W947050 11292023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $19.11 Refer 4014 BOUND TREE MEDICAL, LLC Cash Payment E 222-42260-219 Safety supplies Invoice 85157673 11/152023 Transaction Date 12/62023 Refer 4013 CADY BUILDING MAINTENANCE Cash Payment E 101-41930-460 Janitorial Services Invoice 4988464 12/12023 Cash Payment E 222-42260-460 Janitorial Services Invoice 4988464 12/12023 Cash Payment E 101-41910-460 Janitorial Services Invoice 4988464 12/12023 Cash Payment E 602-49450-460 Janitorial Services Invoice 4988464 12/12023 Cash Payment E 601-49400-460 Janitorial Services Invoice 4988464 12/12023 Cash Payment E 101-43100-460 Janitorial Services Invoice 4988464 12/12023 Cash Payment E 101-45200-460 Janitorial Services Invoice 4988464 12/12023 Transaction Date 12/62023 MEDICAL SUPPLIES, BANDAGES, ACE- $139.93 TYPE, EZE-BAND- LATEX FREE, DISPOSABLE ORAL AIRWAYS, SMALL ADULT/PEDIATRIC MASKS- FIRE DEPT U.S. Bank 10100 10100 Total $139.93 DEC 2023 CLEANING SVCS- CITY HALL $607.39 /POLICE DEC 2023 CLEANING SVCS- FIRE DEPT $327.04 DEC 2023 CLEANING SVCS- CENTENNIAL $467.23 BLDG DEC 2023 CLEANING SVCS- PUBLIC WORKS $116.81 BLDG DEC 2023 CLEANING SVCS- PUBLIC WORKS $116.81 BLDG DEC 2023 CLEANING SVCS- PUBLIC WORKS $116.81 BLDG DEC 2023 CLEANING SVCS- PUBLIC WORKS $116.81 BLDG U.S. Bank 10100 10100 Total $1,868.90 0201EA! CITY OF MOUND Payments Current Period: December 2023 Refer 4015 CANON FINANCIAL SERVICES, INC _ Cash Payment E 609-49750-202 Duplicating and copying COPIER RENTAL- HARBOR WINE & SPIRITS- NOVEMBER 2023 Invoice 31585935 11/112023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total Refer 4016 EMERGENCY MEDICAL TRAINING _ Cash Payment E 222-42260-433 Dues and Subscriptions CPR REFRESHER COURSE FOR MOUND FIRE DEPT STAFF Invoice 704 11/92023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total Refer 4017 EROSION PRODUCTS LLC _ Cash Payment E 101-45200-232 Landscape Material DOUBLE NET NATURAL STRAW BLANKET- 8' X 125' Invoice 20231121D2F21L 11272023 Cash Payment E 101-45200-220 Repair Supplies & Equip 6" U METAL STAPLES- 100 PACK Invoice 20231121D2F21L 11272023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total Refer 4018 FIVE TECHNOLOGY _ Cash Payment E 101-41920-440 Other Contractual Servic MONTHLY MANAGED SVC & NETWORK MTCE- DECEMBER 2023 Invoice 11223-14 12/12023 Transaction Date 12/62023 U.S. Bank 10100 10100 Refer 4036 GOPHER STATE ONE CALL Cash Payment E 601-49400-395 Gopher One -Call Invoice 3110617 11/302023 Cash Payment E 602-49450-395 Gopher One -Call Invoice 3110617 11/302023 Transaction Date 12/62023 Refer 4020 GRAFFIX Cash Payment E 222-42260-500 Capital Outlay FA Invoice 153930 11202023 PO 25350 Transaction Date 12/62023 NOVEMBER 2023 LOCATES NOVEMBER 2023 LOCATES U.S. Bank 10100 10100 12/07/23 12:15 PM Page 2 $34.40 $34.40 $300.00 $300.00 $67.15 $8.50 $75.65 $1,290.00 Total $1,290.00 $41.85 $41.85 Total APPLY GRAPHICS ON REAR OF NEW ENGINE #48- 2023 PIERCE FIRE TRUCK - PROUDLY SERVING MOUND, MINNETRISTA, SPRING PARK, SHOREWOOD - REFLECTIVE U.S. Bank 10100 10100 Total Refer 4021 GRAINGER _ Cash Payment E 101-43100-220 Repair Supplies & Equip 50' BLUE FIRE HOSE POLYESTER- PUBLIC WORKS Invoice 9887350289 10/302023 Cash Payment E 601-49400-210 Operating Supplies RATCHET FACESHIELD ASSEMBLIES, CLEAR, ACETATE -QTY 4 Invoice 9903725647 11/142023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total Refer 4019 GWORKS Cash Payment G 101-15500 Prepaid Items Invoice 2019-17961 11/162023 STORM WATER/ STORM SEWER - ANNUAL SUBSCRIPTION- SIMPLE CITY CLOUD PHYSICAL ASSET MGMT 1-16-2024 THRU 1- 15-2025 $83.70 $300.00 $300.00 $233.55 $71.74 $305.29 $1,890.00 0201lei CITY OF MOUND 12/07/23 12:15 PM Page 3 Payments Current Period: December 2023 Cash Payment G 601-15500 Prepaid Items WATER DEPT- ANNUAL SUBSCRIPTION- $1,890.00 SIMPLE CITY CLOUD PHYSICAL ASSET MGMT 1-16-2023 THRU 1-15-2024 Invoice 2019-17961 11/162023 Cash Payment G 602-15500 Prepaid Items SEWER DEPT- ANNUAL SUBSCRIPTION- $1,890.00 SIMPLE CITY CLOUD PHYSICAL ASSET MGMT 1-16-2023 THRU 1-15-2024 Invoice 2019-17961 11/162023 Cash Payment G 101-15500 Prepaid Items PLANNING DEPT-ANNUAL SUBSCRIPTION- $1,890.00 SIMPLE CITY CLOUD PHYSICAL ASSET MGMT 1-16-2024 THRU 1-15-2025 Invoice 2019-17961 11/162023 Cash Payment G 101-15500 Prepaid Items PARKS DEPT- ANNUAL SUBSCRIPTION- $1,890.00 SIMPLE CITY CLOUD PHYSICAL ASSET MGMT 1-16-2024 THRU 1-15-2025 Invoice 2019-17961 11/162023 Cash Payment G 101-15500 Prepaid Items STREETS DEPT-ANNUAL SUBSCRIPTION- $1,890.00 SIMPLE CITY CLOUD PHYSICAL ASSET MGMT 1-16-2024 THRU 1-15-2025 Invoice 2019-17961 11/162023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $11,340.00 Refer 4022 HAWKINS, INCORPORATED _ Cash Payment E 601-49400-227 Chemicals 150 LB CHLORINE CYLINDERS $70.00 Invoice 6624776 11/152023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $70.00 Refer 4053 HOME DEPOT/GECF (PNV) _ Cash Payment E 101-43100-220 Repair Supplies & Equip SCREWDRIVER BIT SET- STREETS DEPT $69.94 Invoice 973178 10/192023 Cash Payment E 602-49450-220 Repair Supplies & Equip 50' PLASTIC WHITE CHAIN ROLL, CUT OFF $104.80 DISCS, GRIND DISCS- LIFT STATIONS Invoice 9032965 10202023 Cash Payment E 101-43100-220 Repair Supplies & Equip TORX BIT SOCKET SETS, IMPACT BIT SET, $110.94 FOLDING U KNIFE, RIGHT ANGLE DRILL, IMPACT DRILL WITH BAG- PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 973152 10/192023 Cash Payment E 602-49450-220 Repair Supplies & Equip TORX BIT SOCKET SETS, IMPACT BIT SET, $110.94 FOLDING U KNIFE, RIGHT ANGLE DRILL, IMPACT DRILL WITH BAG- PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 9032965 10202023 Cash Payment E 601-49400-220 Repair Supplies & Equip TORX BIT SOCKET SETS, IMPACT BIT SET, $110.94 FOLDING U KNIFE, RIGHT ANGLE DRILL, IMPACT DRILL WITH BAG- PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 9032965 10202023 Cash Payment E 101-45200-220 Repair Supplies & Equip TORX BIT SOCKET SETS, IMPACT BIT SET, $110.94 FOLDING U KNIFE, RIGHT ANGLE DRILL, IMPACT DRILL WITH BAG- PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 973152 10/192023 Cash Payment E 101-43100-220 Repair Supplies & Equip HUSKY 15 DRAWER COMBO TOOL BOX KIT- $249.50 PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 973162 10/192023 02.Yd^. CITY OF MOUND 12/07/23 12:15 PM Page 4 Payments Current Period: December 2023 Cash Payment E 101-45200-220 Repair Supplies & Equip HUSKY 15 DRAWER COMBO TOOL BOX KIT- $249.50 PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 973162 10/192023 Cash Payment E 601-49400-220 Repair Supplies & Equip HUSKY 15 DRAWER COMBO TOOL BOX KIT- $249.50 PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 973162 10/192023 Cash Payment E 602-49450-220 Repair Supplies & Equip HUSKY 15 DRAWER COMBO TOOL BOX KIT- $249.50 PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 973162 10/192023 Cash Payment E 101-43100-220 Repair Supplies & Equip HUSKY 16 PCE WRENCH RACK- 2 PACK, $29.22 HUSKY SOCKET RACK SET- 3 PCE, METRIC SOCKET RACK SET- 3 PCE - PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 973177 10/192023 Cash Payment E 101-45200-220 Repair Supplies & Equip HUSKY 16 PCE WRENCH RACK- 2 PACK, $29.22 HUSKY SOCKET RACK SET- 3 PCE, METRIC SOCKET RACK SET- 3 PCE - PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 973177 10/192023 Cash Payment E 601-49400-220 Repair Supplies & Equip HUSKY 16 PCE WRENCH RACK- 2 PACK, $29.22 HUSKY SOCKET RACK SET- 3 PCE, METRIC SOCKET RACK SET- 3 PCE - PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 973177 10/192023 Cash Payment E 602-49450-220 Repair Supplies & Equip HUSKY 16 PCE WRENCH RACK- 2 PACK, $29.22 HUSKY SOCKET RACK SET- 3 PCE, METRIC SOCKET RACK SET- 3 PCE - PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 973177 10/192023 Cash Payment E 101-43100-220 Repair Supplies & Equip SHOCKWAVE TITANIUM DRILL BIT, KLEIN $137.71 TOOLS SCREWDRIVER SET- 6 PCE, THIN KERF METAL CUT-OFF DISC 15 PACK, PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 9974144 11/92023 Cash Payment E 101-45200-220 Repair Supplies & Equip SHOCKWAVE TITANIUM DRILL BIT, KLEIN $137.70 TOOLS SCREWDRIVER SET- 6 PCE, THIN KERF METAL CUT-OFF DISC 15 PACK, PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 9974144 11/92023 Cash Payment E 601-49400-220 Repair Supplies & Equip SHOCKWAVE TITANIUM DRILL BIT, KLEIN $137.70 TOOLS SCREWDRIVER SET- 6 PCE, THIN KERF METAL CUT-OFF DISC 15 PACK, PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 9974144 11/92023 Cash Payment E 602-49450-220 Repair Supplies & Equip SHOCKWAVE TITANIUM DRILL BIT, KLEIN $137.70 TOOLS SCREWDRIVER SET- 6 PCE, THIN KERF METAL CUT-OFF DISC 15 PACK, PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 9974144 11/92023 z:1rA CITY OF MOUND 12/07/23 12:15 PM Page 5 Payments Current Period: December 2023 Cash Payment E 101-43100-220 Repair Supplies & Equip CREDIT OUT OF STOCK 18 DRAWER TOOL -$399.50 CHEST & CABINET COMBO- PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 900685 10/192023 Cash Payment E 101-45200-220 Repair Supplies & Equip CREDIT OUT OF STOCK 18 DRAWER TOOL -$399.50 CHEST & CABINET COMBO- PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 900685 10/192023 Cash Payment E 601-49400-220 Repair Supplies & Equip CREDIT OUT OF STOCK 18 DRAWER TOOL -$399.50 CHEST & CABINET COMBO- PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 900685 10/192023 Cash Payment E 602-49450-220 Repair Supplies & Equip CREDIT OUT OF STOCK 18 DRAWER TOOL -$399.50 CHEST & CABINET COMBO- PUBLIC WORKS & PARKS MAINTENANCE SHOP Invoice 900685 10/192023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total Refer 4023 JESSEN PRESS INCORPORATED _ Cash Payment E 101-41115-440 Other Contractual Servic PRINT, MAIL -CITY CONTACT NEWS 8 PG NOVEMBER, DECEMBER 2023 & JANUARY 2024 - 5,725 COPIES Invoice 691564 11/162023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total Refer 4024 JOHNSON CONTROLS - TYCO INC. Cash Payment E 222-42260-440 Other Contractual Servic ANNUAL TEST & INSPECTION OF ALARM & DETECTION MONITORING SYSTEM 12-01-23 THRU 11-30-24 PUBLIC SAFETY BLDG- FIRE DEPT Invoice 23798196 10272023 Cash Payment E 101-41930-440 Other Contractual Servic ANNUAL TEST & INSPECTION OF ALARM & DETECTION MONITORING SYSTEM 12-01-23 THRU 11-30-24 PUBLIC SAFETY BLDG- CITY HALLL Invoice 23798196 10272023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total Refer 4037 KLM ENGINEERING, INCORPORAT _ Cash Payment E 601-49400-440 Other Contractual Servic REMOVE & INSTALL GS-9 MIXER - ELEVATED OBLATOID- WELL #8 WATER TOWER Invoice 10016 12/42023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total Refer 4050 LAND EQUIPMENT, INCORPORAT _ Cash Payment E 101-45200-220 Repair Supplies & Equip PARTS FOR PARKS EQUIPMENT- FITTINGS, COUPLERS, 3/8" HYDRAULIC HOSES, HOSE GUARDS, HYDRAULIC TUBELINES, OIL, PROMARK HELMET SYSTEM Invoice 03-1043851 12/52023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total Refer 4025 LUBE-TECH & PARTNERS, LLC Cash Payment E 602-49450-220 Repair Supplies & Equip LUBE TECH ENDURANCE HD FULL SYNTHETIC 5W-40 ENGINE OIL-55 PUBLIC WORKS & PARKS SHOP Invoice 3369096 12/42023 $686.19 $2,085.00 $2,085.00 $187.50 $187.50 $375.00 $13,671.00 $13,671.00 $764.99 $764.99 $222.36 CITY OF MOUND 12/07/23 12:15 PM Page 6 Payments Current Period: December 2023 Cash Payment E 601-49400-220 Repair Supplies & Equip LUBE TECH ENDURANCE HD FULL $222.36 SYNTHETIC 5W-40 ENGINE OIL-55 PUBLIC WORKS & PARKS SHOP Invoice 3369096 12/42023 Cash Payment E 101-43100-220 Repair Supplies & Equip LUBE TECH ENDURANCE HD FULL $222.36 SYNTHETIC 5W-40 ENGINE OIL-55 PUBLIC WORKS & PARKS SHOP Invoice 3369096 12/42023 Cash Payment E 101-45200-220 Repair Supplies & Equip LUBE TECH ENDURANCE HD FULL $222.36 SYNTHETIC 5W-40 ENGINE OIL-55 PUBLIC WORKS & PARKS SHOP Invoice 3369096 12/42023 Cash Payment E 602-49450-440 Other Contractual Servic PICK UP USED OIL & FILTERS $72.21 Invoice 3358583 11202023 Cash Payment E 601-49400-440 Other Contractual Servic PICK UP USED OIL & FILTERS $72.21 Invoice 3358583 11202023 Cash Payment E 101-45200-440 Other Contractual Servic PICK UP USED OIL & FILTERS $72.21 Invoice 3358583 11202023 Cash Payment E 101-43100-440 Other Contractual Servic PICK UP USED OIL & FILTERS $72.20 Invoice 3358583 11202023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $1,178.27 Refer 4026 MAYER LUMBER COMPANY, INCO _ Cash Payment E 281-45210-400 Repairs & Maintenance- TREATED WOOD 24 QTY 2 X 4 X 8; - DOCK $140.16 PROGRAM REPAIRS Invoice 238217 11/142023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $140.16 Refer 4009 MIDWEST MACHINERY, CO. _ Cash Payment E 101-45200-404 Equip & Vehicle Repairs SERVICE PARKS HPX JOHN DEERE GATOR- $816.22 CHANGE ENGINE OIL, REPLACE ALL FILTERS, CLEAN RADIATOR, LUBRICATE, INSPECT ALL, FILL TIRES, ADJUSTED IDLE, REPLACED BELT,- PARKS EQUIPMENT Invoice 9872170 11/302023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $816.22 Refer 4027 MINNESOTA BUSINESS ENTERPRI _ Cash Payment E 101-43100-440 Other Contractual Servic DUMP 2 LOADS OF CLEAN CONCRETE, BUT $100.00 MIXED WITH ASPHALT, BRICK OR CLAY Invoice 52070 11/132023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $100.00 Refer 4028 MINNESOTA DEPT OF HEALTH _ Cash Payment R 601-49400-37170 State fee- Water 4TH QTR 2023 COMMUNITY WATER SUPPLY $9,141.00 SVC CONNECTION FEE- 3762 CONNECTIONS Invoice 020822 11/162023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $9,141.00 Refer 4029 MINNESOTA VALLEY TESTING LA _ Cash Payment E 601-49400-470 Water Samples MONTHLY CHLORINE REPORT & COLIFORM $158.40 WATER TESTS -10 Invoice 1226576 11/132023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $158.40 Refer 4030 MNSPECT CITY OF MOUND Payments Current Period: December 2023 Cash Payment E 101-42400-308 Building Inspection Fees OCTOBER 2023 BUILDING INSPECTION FEES Invoice 140322 10/312023 Cash Payment E 101-42400-308 Building Inspection Fees NOVEMBER 2023 BUILDING INSPECTION FEES Invoice 154032 11/302023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total Refer 7 MORRIES BUFFALO FORD _ Cash Payment E 101-43100-404 Equip & Vehicle Repairs BRAKE REPAIR STREETS TRUCK#318- 2018 FORD F550 Invoice 581723 12/52023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total Refer 4031 MOUND FIRE RELIEF ASSOCIATIO _ Cash Payment E 222-42260-124 Fire Pens Contrib DECEMBER 2023- FIRE RELIEF PENSION CONTRIBUTION 12/07/23 12:15 PM Page 7 $18,450.11 $12,879.95 $31,330.06 $1,669.56 $1,669.56 $12,075.00 Invoice 120123 12/12023 Transaction Date 12/62023 U.S. Bank 10100 10100 Total $12,075.00 Refer 4034 MUELLER, WILLIAM AND SONS _ Cash Payment E 101-43100-224 Street Maint Materials CONCRETE SAND-81.13 TON DELIVERED 11- $1,237.22 17-23 STREETS MATERIAL Invoice 295417 11/172023 Cash Payment E 101-43100-224 Street Maint Materials 3/4" MINUS MIX- 61.92 TON DELIVERED 11- $1,548.00 17-23 STREETS MATERIAL Invoice 295417 11/172023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total $2,785.22 Refer 4032 NORTH AMERICAN SAFETY INC. _ Cash Payment E 602-49450-218 Clothing and Uniforms CLASS 2 WICKMASTER T-SHIRT WITH $59.94 POCKET, SEWN ON STRIPING- SAFETY GREEN PUBLIC WORKS & PARKS STAFF Invoice 82136 11/102023 Cash Payment E 601-49400-218 Clothing and Uniforms CLASS 2 WICKMASTER T-SHIRT WITH $59.94 POCKET, SEWN ON STRIPING- SAFETY GREEN PUBLIC WORKS & PARKS STAFF Invoice 82136 11/102023 Cash Payment E 101-45200-218 Clothing and Uniforms CLASS 2 WICKMASTER T-SHIRT WITH $89.91 POCKET, SEWN ON STRIPING- SAFETY GREEN PUBLIC WORKS & PARKS STAFF Invoice 82136 11/102023 Cash Payment E 101-43100-218 Clothing and Uniforms CLASS 2 WICKMASTER T-SHIRT WITH $89.91 POCKET, SEWN ON STRIPING- SAFETY GREEN PUBLIC WORKS & PARKS STAFF Invoice 82136 11/102023 Cash Payment E 101-43100-218 Clothing and Uniforms BREEZELITE MESH T-SHIRT CLASS 2- $94.50 SAFETY GREEN PUBLIC WORKS & PARKS STAFF Invoice 82136 11/102023 Cash Payment E 601-49400-218 Clothing and Uniforms BREEZELITE MESH T-SHIRT CLASS 2- $94.50 SAFETY GREEN PUBLIC WORKS & PARKS STAFF Invoice 82136 11/102023 2090 CITY OF MOUND Payments Current Period: December 2023 Cash Payment E 602-49450-218 Clothing and Uniforms BREEZELITE MESH T-SHIRT CLASS 2- SAFETY GREEN PUBLIC WORKS & PARKS STAFF Invoice 82136 11/102023 Cash Payment E 101-45200-218 Clothing and Uniforms Invoice 82136 11/102023 Cash Payment E 101-43100-218 Clothing and Uniforms Invoice 82136 11/102023 Cash Payment E 601-49400-218 Clothing and Uniforms Invoice 82136 11/102023 Cash Payment E 602-49450-218 Clothing and Uniforms Invoice 82136 11/102023 Cash Payment E 101-45200-218 Clothing and Uniforms Invoice 82136 11/102023 Cash Payment E 101-43100-218 Clothing and Uniforms Invoice 82136 11/102023 Cash Payment E 601-49400-218 Clothing and Uniforms Invoice 82136 11/102023 Cash Payment E 602-49450-218 Clothing and Uniforms Invoice 82136 11/102023 Cash Payment E 101-45200-218 Clothing and Uniforms Invoice 82136 11/102023 Transaction Date 12/62023 BREEZELITE MESH T-SHIRT CLASS 2- SAFETY GREEN PUBLIC WORKS & PARKS STAFF CLASS 3 BLACK BOTTOM RAIN COAT WITH NYLON LINER- SAFETY GREEN PUBLIC WORKS & PARKS STAFF CLASS 3 BLACK BOTTOM RAIN COAT WITH NYLON LINER- SAFETY GREEN PUBLIC WORKS & PARKS STAFF CLASS 3 BLACK BOTTOM RAIN COAT WITH NYLON LINER- SAFETY GREEN PUBLIC WORKS & PARKS STAFF CLASS 3 BLACK BOTTOM RAIN COAT WITH NYLON LINER- SAFETY GREEN PUBLIC WORKS & PARKS STAFF PREMIUM GOATSKIN GLOVES, MESH BACK WITH REFLECTIVE TAPE- PUBLIC WORKS & PARKS STAFF PREMIUM GOATSKIN GLOVES, MESH BACK WITH REFLECTIVE TAPE- PUBLIC WORKS & PARKS STAFF PREMIUM GOATSKIN GLOVES, MESH BACK WITH REFLECTIVE TAPE- PUBLIC WORKS & PARKS STAFF PREMIUM GOATSKIN GLOVES, MESH BACK WITH REFLECTIVE TAPE- PUBLIC WORKS & PARKS STAFF U.S. Bank 10100 10100 Total Refer 4038 NORTHEAST BATTERY, LLC Cash Payment E 222-42260-409 Other Equipment Repair REPLACEMENT BATTERIES- FIRE TANKER #35 Invoice 1303 11282023 Cash Payment E 222-42260-409 Other Equipment Repair BATTERY FOR FIRE LSU #30- POWER JACK Invoice 1293 11212023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total Refer 4033 NORTHERN TOOL AND EQUIPMEN _ Cash Payment E 101-45200-218 Clothing and Uniforms COLD WEATHER BIB OVERALLS- PARKS DEPT STAFF- D. VORPAHL Invoice 540601-26492 11272023 12/07/23 12:15 PM Page 8 $94.50 $94.50 $111.00 $55.50 $55.50 $111.00 $32.50 $19.50 $19.50 $26.00 $1,108.20 $434.85 $14.95 $449.80 $79.98 000 CITY OF MOUND 12/07/23 12:15 PM Page 9 Payments Current Period: December 2023 Cash Payment E 101-45200-218 Clothing and Uniforms 3 PAIR WINTER GLOVES- PARKS DEPT $79.98 STAFF Invoice 540601-26492 11272023 Cash Payment E 101-45200-218 Clothing and Uniforms COLD WEATHER BIB OVERALLS- PARKS $74.99 DEPT STAFF- D. KOSKELA Invoice 540601-26493 11272023 Cash Payment E 101-45200-220 Repair Supplies & Equip SHOP MAIANTENANCE SUPPLIES- FLOOD $79.62 LIGHT, PEN LIGHT, HEADLAMPS, GREASE GUN KIT Invoice 54060331323058 11/92023 Cash Payment E 101-43100-220 Repair Supplies & Equip SHOP MAIANTENANCE SUPPLIES- FLOOD $79.62 LIGHT, PEN LIGHT, HEADLAMPS, GREASE GUN KIT Invoice 54060331323058 11/92023 Cash Payment E 601-49400-220 Repair Supplies & Equip SHOP MAIANTENANCE SUPPLIES- FLOOD $79.62 LIGHT, PEN LIGHT, HEADLAMPS, GREASE GUN KIT Invoice 54060331323058 11/92023 Cash Payment E 602-49450-220 Repair Supplies & Equip SHOP MAIANTENANCE SUPPLIES- FLOOD $79.62 LIGHT, PEN LIGHT, HEADLAMPS, GREASE GUN KIT Invoice 54060331323058 11/92023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total $553.43 Refer 4039 PRECISHON UTILITIES _ Cash Payment E 601-49400-440 Other Contractual Servic CURB STOP REPAIR- 4737 ABERDEEN RD $3,997.50 Invoice 1022 11/142023 Project WATER Transaction Date 12/72023 U.S. Bank 10100 10100 Total $3,997.50 Refer 4040 PRISTINE LIGHTING _ Cash Payment E 101-43100-440 Other Contractual Servic 2023 INSTALLATION OF LED HOLIDAY $7,260.00 LIGHTING ON 50 CITY BLVD TREES & ANNUAL TREE LIGHTING TREE- TAKE DOWN, SEASONAL MTCE & STORAGE Invoice 472 11272023 Cash Payment E 101-43100-440 Other Contractual Servic ADDITIONAL COMMERCIAL GRADE 5MM $395.78 PURE WHITE LEDS- GREEN WIRE QTY 22- REPLACEMENT MATERIALS NEEDED FROM 2022 LIGHT INVENTORY Invoice 472 11272023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total $7,655.78 Refer 4052 SEXTON & ASSOCIATES _ Cash Payment E 601-49400-440 Other Contractual Servic REIMBURSE SEXTON & ASSOC 50% OF $707.50 VAC CURB STOP SERVICE- DONE BY GOLIATH HYDRO -VAC INC.@ 4919 THREE POINTS BLVD 9-14-23 Invoice 37708 9/142023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total $707.50 Refer 4041 SPLASH DOCKS, LLC _ Cash Payment E 281-45210-440 Other Contractual Servic DOCK PROGRAM-2023 MULIPLE SLIPS- $9,830.00 FALL DOCK REMOVAL Invoice 722 11272023 Cash Payment E 101-45200-440 Other Contractual Servic SURFSIDE PARK & LAUNCH FALL DOCK $750.00 REMOVALS 2023 Invoice 722 11272023 000 CITY OF MOUND Payments Current Period: December 2023 Transaction Date 12/72023 Refer 4042 STRYKER MEDICAL Cash Payment E 222-42260-219 Safety supplies Invoice 9205039983 11/152023 Transaction Date 12/72023 Refer 4051 STUHR, JAKE Cash Payment E 101-43100-438 Licenses and Taxes Invoice 121223 11/172023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total 12/07/23 12:15 PM Page 10 $10,580.00 REPLACEMENT STRAP FOR LUCAS CPR- $101.50 FIRE DEPT U.S. Bank 10100 10100 Total $101.50 REIMS DRIVERS LICENSE UPGRADE TO $57.00 CLASS B -J. STUHR U.S. Bank 10100 10100 Total $57.00 Refer 4035 SUN NEWSPAPERS-HWS ACCT. _ Cash Payment E 609-49750-340 Advertising SMALL BUSINESS SATURDAY AD PUBLIISHED 11-11-23 Invoice 973060 11/122023 Cash Payment E 609-49750-340 Advertising VETERAN'S DAY AD PUBLISHED 11-11-23 Invoice 973061 11/122023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total Refer 4043 TONKA PLUMBING HEATING & CL _ Cash Payment E 602-49450-400 Repairs & Maintenance- PUBLIC WORKS BLDG- CHECK RADIANT TUBE HEATERS IN EQUIPMENT TRUCK AREA & CHECKED 4 UNIT HEATERS FOR WINTER, ORDERED 4 THERMOSTATS; EVERGREEN WELL HOUSE- CHECKED OPERATION OF ELECTRIC HEATER RECENTLY INSTALLED- N/C Invoice 8990 11/132023 Cash Payment E 601-49400-400 Repairs & Maintenance- PUBLIC WORKS BLDG- CHECK RADIANT TUBE HEATERS IN EQUIPMENT TRUCK AREA & CHECKED 4 UNIT HEATERS FOR WINTER, ORDERED 4 THERMOSTATS; EVERGREEN WELL HOUSE- CHECKED OPERATION OF ELECTRIC HEATER RECENTLY INSTALLED- N/C Invoice 8990 11/132023 Cash Payment E 101-43100-400 Repairs & Maintenance- PUBLIC WORKS BLDG- CHECK RADIANT TUBE HEATERS IN EQUIPMENT TRUCK AREA & CHECKED 4 UNIT HEATERS FOR WINTER, ORDERED 4 THERMOSTATS; EVERGREEN WELL HOUSE- CHECKED OPERATION OF ELECTRIC HEATER RECENTLY INSTALLED- N/C Invoice 8990 11/132023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total Refer 4044 TWIN CITY GARAGE DOOR COMP _ Cash Payment E 101-45200-400 Repairs & Maintenance- SERVICE PARK BLDG GARAGE DOOR- 11-8- 23- MOUNT EYES ON WOOD & OFF TRACK ANGLE MOUNT, ALIGN & SECURE, LUBRICATE, ADJUST Invoice Z257755 11/142023 Transaction Date 12/72023 Refer 4044 UHL COMPANY $23.75 $30.00 $53.75 $74.67 $74.66 $74.67 $224.00 $200.00 U.S. Bank 10100 10100 Total $200.00 02000 CITY OF MOUND 12/07/23 12:15 PM Page 11 Payments Current Period: December 2023 Cash Payment E 101-41930-400 Repairs & Maintenance- SVC CALL HEATING SYSTEM- PS BLDG CITY $770.24 HALL NOV 2023- REPLACED BAD ACTUATOR FOR VAV 1 REHEAT, CORRECTED ISSUES WITH BOILER INTERFACE PANEL & OUTSIDE AIR TEMP SENSORS, LOUVERS FOR OUTSIDE AIR WERE COMPLETELY PLUGGED WITH COTTONWOOD, PARKS STAFF WILL CLEAN & REPLACE FILTERS, TIGHTEN SET SCREWS Invoice 58512A 11282023 Cash Payment E 222-42260-402 Building Maintenance SVC CALL HEATING SYSTEM- PS BLDG- $770.24 FIRE DEPT NOV 2023- REPLACED BAD ACTUATOR FOR VAV 1 REHEAT, CORRECTED ISSUES WITH BOILER INTERFACE PANEL & OUTSIDE AIR TEMP SENSORS, LOUVERS FOR OUTSIDE AIR WERE COMPLETELY PLUGGED WITH COTTONWOOD, PARKS STAFF WILL CLEAN & REPLACE FILTERS, TIGHTEN SET SCREWS Invoice 58512A 11282023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total $1,540.48 Refer 4045 VESSCO, INCORPORATED Cash Payment E 601-49400-440 Other Contractual Servic ONSITE SERVICE 11-27-23 WATER SYSTEM $750.00 Invoice 092612 11292023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total $750.00 Refer 4046 WATER CONSERVATION SERVICE _ Cash Payment E 601-49400-440 Other Contractual Servic LEAK LOCATE @ 1571 BLUEBIRD LN- 11 -04- $676.09 23-SATURDAY Invoice 13616 11272023 Project WATER Transaction Date 12/72023 U.S. Bank 10100 10100 Total $676.09 Refer 4047 WEBER, VICKI _ Cash Payment E 222-42260-431 Meeting Expense REIMBURSE V. WEBER- MACKENTHUN'S $12.28 MUFFINS FOR 11-21-23 FIRE COMMISSION MTG Invoice 121223 12/52023 Cash Payment E 222-42260-434 Conference & Training REIMBURSE V. WEBER- MILEAGE ROUND $41.92 TRIP TO MN STATE FIRE MARSHALS OFFICE FOR F.A.S.T. QUARTERLY MTG 11- 07-23 Invoice 121223 12/52023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total $54.20 Refer 4048 WESTSIDE WHOLESALE TIRE AND _ Cash Payment E 101-43100-404 Equip & Vehicle Repairs MOUNT & BALANCE 4 TIRES- STREETS $724.32 TRUCK#221 FORD F350 Invoice 935691 11/132023 Transaction Date 12/72023 U.S. Bank 10100 10100 Total $724.32 Refer 4049 ZEP SALES & SERVICE -ACUITY IN _ Cash Payment E 101-43100-210 Operating Supplies ZEP SPIRIT CLEANER - PUBLIC WORKS & $23.63 PARKS SHOP Invoice 9009216725 11222023 020MA! CITY OF MOUND Payments Current Period: December 2023 Cash Payment E 101-45200-210 Operating Supplies Invoice 9009216725 11222023 Cash Payment E 601-49400-210 Operating Supplies Invoice 9009216725 11222023 Cash Payment E 602-49450-210 Operating Supplies Invoice 9009216725 11222023 Transaction Date 12/72023 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND ZEP SPIRIT CLEANER - PUBLIC WORKS & PARKS SHOP ZEP SPIRIT CLEANER - PUBLIC WORKS & PARKS SHOP ZEP SPIRIT CLEANER - PUBLIC WORKS & PARKS SHOP U.S. Bank 10100 10100 Total 10100 U.S. Bank 10100 $63,362.34 $14,825.21 $9,970.16 $32,121.66 $2,983.24 $88.15 $123,350.76 Pre -Written Checks $0.00 Checks to be Generated by the Computer $123,350.76 Total $123,350.76 12/07/23 12:15 PM Page 12 $23.62 $23.62 $23.62 $94.49 0209040 Payments Batch 12122023HWS Refer 3066 2022 BEV, INC. CITY OF MOUND Payments Current Period: December 2023 $142,001.53 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res THC Invoice 9280 11212023 Transaction Date 12/12023 U.S. Bank 10100 10100 Refer 3065 56 BREWING, LLC Cash Payment E 609-49750-252 Beer For Resale Invoice 5624660 11212023 Cash Payment E 609-49750-257 THC for Resale Invoice 5624660 11212023 Transaction Date 12/12023 BEER THC U.S. Bank 10100 10100 Total Total 12/07/23 11:07 AM Page 1 $180.00 $180.00 $48.00 $158.00 $206.00 Refer 3062 AMPHORA IMPORTS LLC _ Cash Payment E 609-49750-252 Beer For Resale WINE $158.79 Invoice 16214 12/42023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $158.79 Refer 3030 ARTISAN BEER COMPANY _ Cash Payment E 609-49750-252 Beer For Resale BEER $1,212.20 Invoice 3642305 11/172023 Cash Payment E 609-49750-252 Beer For Resale THC $212.25 Invoice 3642306 11/172023 Cash Payment E 609-49750-252 Beer For Resale BEER $323.00 Invoice 3644904 12/12023 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT -$32.40 Invoice 377437 11/142023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $1,715.05 Refer 3067 BACK CHANNEL BREWING _ Cash Payment E 609-49750-252 Beer For Resale BEER $250.00 Invoice 1973 11222023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $250.00 Refer 3012 BELLBOY CORPORATION _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $106.60 Invoice 0107650300 11212023 Cash Payment E 609-49750-255 Misc Merchandise For R CHAMPAGNE STOPPERS $9.10 Invoice 0107650300 11212023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $178.30 Invoice 0107685600 11212023 Cash Payment E 609-49750-255 Misc Merchandise For R MDSE- GIFT BAGS, WAITERS $13.50 CORKSCREWS, GIFT BOWS Invoice 0107685600 11212023 Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, BAGS, C-FOLD TOWELS $294.63 Invoice 0107685600 11292023 Cash Payment E 609-49750-210 Operating Supplies CREDIT SALES TAX CHARGED -$4.13 Invoice 07698200 11/302023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $598.00 Refer 3013 BELLBOY CORPORATION _ 00026N CITY OF MOUND Payments Current Period: December 2023 Cash Payment E 609-49750-253 Wine For Resale Invoice 0201752300 11292023 Cash Payment E 609-49750-251 Liquor For Resale Invoice 0201751600 11292023 Cash Payment E 609-49750-251 Liquor For Resale Invoice 0201661900 11212023 Cash Payment E 609-49750-253 Wine For Resale Invoice 0201661900 11212023 Transaction Date 12/12023 Refer 3014 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale Invoice 0201589100 11/152023 Cash Payment E 609-49750-253 Wine For Resale Invoice 0201592600 11/152023 Cash Payment E 609-49750-251 Liquor For Resale Invoice 0201593200 11/152023 Cash Payment E 609-49750-251 Liquor For Resale Invoice 0201520300 11/152023 Transaction Date 12/12023 WINE LIQUOR LIQUOR WINE U.S. Bank 10100 10100 LIQUOR WINE LIQUOR LIQUOR 12/07/23 11:07 AM Page 2 $105.65 $1,669.26 $2,372.15 $480.00 Total $4,627.06 U.S. Bank 10100 10100 Total Refer 3031 BELLBOY CORPORATION _ Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, BAGS Invoice 0107625100 11/152023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 0107625100 11/152023 Cash Payment E 609-49750-255 Misc Merchandise For R GIFT BAGS, CARDED SPEED POURS, CHAMPAGNE STOPPERS Invoice 0107625100 11/152023 Transaction Date 12/12023 U.S. Bank 10100 10100 Refer 3055 BLACKSTACK BREWING Cash Payment E 609-49750-252 Beer For Resale Invoice 25198 11292023 Cash Payment E 609-49750-252 Beer For Resale Invoice 25053 11/162023 Transaction Date 12/12023 BEER BEER U.S. Bank 10100 10100 Refer 3069 BLUE CLOUD DISTRIBUTION, INC. _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Res LIQUOR Invoice 101072154 11/152023 Transaction Date 12/12023 U.S. Bank 10100 10100 Refer 3046 BOOM ISLAND BREWING COMPAN _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 1079 11292023 Transaction Date 12/12023 U.S. Bank 10100 10100 $421.20 $104.00 $2,492.20 $1,029.38 $4.046.78 $117.50 $45.95 $41.50 Total $204.95 $780.00 $794.00 Total $1,574.00 $203.00 Total $203.00 $189.00 Total $189.00 Refer 3022 BREAKTHRU BEVERAGE MN BEE _ Cash Payment E 609-49750-252 Beer For Resale BEER $9,356.13 Invoice 113229949 11282023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $193.00 Invoice 113229950 11282023 OEM CITY OF MOUND Payments Current Period: December 2023 Cash Payment E 609-49750-252 Beer For Resale Invoice 113229948 11282023 Cash Payment E 609-49750-252 Beer For Resale Invoice 113053659 11/142023 Cash Payment E 609-49750-252 Beer For Resale Invoice 113135230 11202023 Cash Payment E 609-49750-252 Beer For Resale Invoice 113135231 11202023 Transaction Date 12/12023 BEER BEER BEER BEER U.S. Bank 10100 10100 Refer 4005 BREAKTHRU BEVERAGE MN WINE _ Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 113256517 11292023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 113256515 11292023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 113256518 11292023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 113256516 11292023 Transaction Date 12/12023 U.S. Bank 10100 10100 12/07/23 11:07 AM Page 3 $514.20 $199.00 $4,025.70 $101.55 Total $14,389.58 $288.00 $2,357.42 $328.00 $28.00 Total $3,001.42 Refer 4003 BREAKTHRU BEVERAGE MN WINE _ Cash Payment E 609-49750-253 Wine For Resale WINE $468.00 Invoice 113064089 11/152023 Cash Payment E 609-49750-253 Wine For Resale WINE $208.00 Invoice 113064088 11/152023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $28.00 Invoice 113064091 11/152023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,601.90 Invoice 113064090 11/152023 Transaction Date 12/52023 U.S. Bank 10100 10100 Total $4,305.90 Refer 4004 BREAKTHRU BEVERAGE MN WINE _ Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 113168119 11212023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 113168119 11212023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 113168121 11212023 Transaction Date 12/52023 U.S. Bank 10100 10100 Refer 3017 CAPITOL BEVERAGE SALES, L.P. _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2917420 11282023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2917420 11282023 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 2917418 11282023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2915612 11212023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2917419 11282023 $1,176.00 $1,020.60 $28.00 Total $2,224.60 $1,861.30 $57.00 -$7.13 $4,758.90 $570.50 02001i] Transaction Date 12/52023 CITY OF MOUND Payments Current Period: December 2023 U.S. Bank 10100 10100 Refer 3034 CLEAR RIVER BEVERAGE CO. _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 718961 11/152023 Cash Payment E 609-49750-257 THC for Resale THC Invoice 718943 11/152023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 721037 11292023 Cash Payment E 609-49750-257 THC for Resale THC Invoice 721028 11292023 Transaction Date 12/52023 U.S. Bank 10100 10100 Refer 3025 DAHLHEIMER BEVERAGE LLC Cash Payment E 609-49750-252 Beer For Resale Invoice 2054579 11212023 Cash Payment E 609-49750-252 Beer For Resale Invoice 2050435 11/152023 Cash Payment E 609-49750-257 THC for Resale Invoice 2050434 11/152023 Cash Payment E 609-49750-257 THC for Resale Invoice 2059762 11292023 Cash Payment E 609-49750-252 Beer For Resale Invoice 2059763 11292023 Transaction Date 12/52023 BEER BEER THC THC BEER U.S. Bank 10100 10100 Total Total Total Refer 3053 DANGEROUS MAN BREWING CO. _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 1816 11/162023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 1908 11222023 Transaction Date 12/52023 U.S. Bank 10100 10100 Total Refer 3057 ELM CREEK BREWING CO. Cash Payment E 609-49750-252 Beer For Resale Invoice 5644 11/172023 Cash Payment E 609-49750-257 THC for Resale Invoice 5644 11/172023 Transaction Date 12/12023 BEER THC U.S. Bank 10100 10100 Total Refer 3056 ENKI BREWING COMPANY _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 11517 11/172023 Transaction Date 12/12023 U.S. Bank 10100 10100 Refer 3052 EVERLY FARMS WINERY Cash Payment E 609-49750-251 Liquor For Resale Invoice 1224 11/162023 Transaction Date 12/12023 BEER U.S. Bank 10100 10100 Refer 3059 FLAHERTY S HAPPY TYME COMP _ Cash Payment E 609-49750-253 Wine For Resale MIX Invoice 39263 11212023 Total Total 12/07/23 11:07 AM Page 4 $7,240.57 $467.50 $755.60 $410.50 $116.00 $1,749.60 $231.95 $2,852.35 $188.00 $559.00 $2,520.95 $6,352.25 $371.00 $206.00 $577.00 $210.00 $105.00 $315.00 $150.00 $150.00 $270.00 $270.00 $234.00 02004+. Transaction Date 12/12023 CITY OF MOUND Payments Current Period: December 2023 U.S. Bank 10100 10100 Refer 3024 HOHENSTEINS, INCORPORATED _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 664076 11/152023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 664076 11/152023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 664078 11/152023 Cash Payment E 609-49750-257 THC for Resale THC Invoice 664077 11/152023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 665600 11202023 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 667810 11282023 Cash Payment E 609-49750-257 THC for Resale THC Invoice 667810 11282023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 667809 11282023 Transaction Date 12/12023 U.S. Bank 10100 10100 Refer 3064 INBOUND BREWCO Cash Payment E 609-49750-252 Beer For Resale Invoice 17308 11/162023 Cash Payment E 609-49750-257 THC for Resale Invoice 17308 11/162023 Transaction Date 12/12023 Refer 3058 INSIGHT BREWING COMPANY Cash Payment E 609-49750-253 Wine For Resale Invoice 9140 11/162023 Cash Payment E 609-49750-257 THC for Resale Invoice 9140 11/162023 Cash Payment E 609-49750-253 Wine For Resale Invoice 9384 11242023 Cash Payment E 609-49750-257 THC for Resale Invoice 9384 11242023 Cash Payment E 609-49750-253 Wine For Resale Invoice 9536 11/302023 Cash Payment E 609-49750-257 THC for Resale Invoice 9536 11/302023 Transaction Date 12/12023 BEER THC U.S. Bank 10100 10100 BEER THC BEER THC BEER THC U.S. Bank 10100 10100 Refer 3020 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2433805 11292023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2433806 11292023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 2433807 11292023 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT Invoice 2392780-CR 9282023 Total 12/07/23 11:07 AM Page 5 $234.00 $27.00 $53.00 $3,054.30 $1,203.00 $322.50 $639.55 $679.50 $39.75 Total $6,018.60 $228.50 $180.00 Total $408.50 Total $156.95 $330.00 $59.95 $450.00 $119.21 $270.00 $1,386.11 $4,539.91 $4,811.53 $26.00 -$117.00 2010 CITY OF MOUND Payments Current Period: December 2023 12/07/23 11:07 AM Page 6 Cash Payment E 609-49750-253 Wine For Resale WINE $437.94 Invoice 2428152 11202023 Transaction Date 12/52023 U.S. Bank 10100 10100 Total $9,698.38 Refer 3026 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $4,464.52 Invoice 2425184 11/152023 Cash Payment E 609-49750-253 Wine For Resale WINE $4,672.08 Invoice 2425185 11/152023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,212.48 Invoice 2422509 11/132023 Cash Payment E 609-49750-253 Wine For Resale WINE $287.40 Invoice 2434906 11/302023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $10,636.48 Refer 3033 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $32.00 Invoice 2430114 11212023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,233.32 Invoice 2430111 11212023 Cash Payment E 609-49750-253 Wine For Resale WINE $1,393.12 Invoice 2430112 11212023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $37.00 Invoice 2430113 11212023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $151.55 Invoice 2426111 11/162023 Cash Payment E 609-49750-253 Wine For Resale WINE $678.60 Invoice 2422510 11/132023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $4,525.59 Refer 3037 LUCE LINE BREWING CO. _ Cash Payment E 609-49750-252 Beer For Resale BEER $310.00 Invoice 1918 11/152023 Cash Payment E 609-49750-252 Beer For Resale BEER $343.00 Invoice 1948 11292023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $653.00 Refer 4006 LUPULIN BREWING COMPANY _ Cash Payment E 609-49750-252 Beer For Resale BEER $498.45 Invoice 57203 11/162023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $498.45 Refer 3042 MARLIN S TRUCKING DELIVERY _ Cash Payment E 609-49750-265 Freight DELIVERY SVC 11-2-23 $201.50 Invoice 38556 1122023 Cash Payment E 609-49750-265 Freight DELIVERY SVC 11-9-23 $240.25 Invoice 38569 11/92023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $441.75 Refer 3045 MAVERICK WINE COMPANY _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $153.48 Invoice 1122287 11/302023 020101 CITY OF MOUND Payments Current Period: December 2023 12/07/23 11:07 AM Page 7 Cash Payment E 609-49750-253 Wine For Resale WINE $225.54 Invoice 1123525 12/12023 Transaction Date 12/52023 U.S. Bank 10100 10100 Total $379.02 Refer 3054 MEGA BEER LLC _ Cash Payment E 609-49750-400 Repairs & Maintenance- BEER $534.55 Invoice 5851 11222023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $534.55 Refer 3048 MODIST BREWING CO. LLC _ Cash Payment E 609-49750-252 Beer For Resale BEER $260.34 Invoice 46132 11/152023 Cash Payment E 609-49750-257 THC for Resale THC $200.00 Invoice 46132 11/152023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $460.34 Refer 3063 PAUSTIS AND SONS WINE COMPA _ Cash Payment E 609-49750-253 Wine For Resale WINE $438.25 Invoice 220247 11202023 Cash Payment E 609-49750-253 Wine For Resale WINE $24.00 Invoice 220295 11202023 Cash Payment E 609-49750-253 Wine For Resale WINE $546.25 Invoice 220702 11272023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $1,008.50 Refer 3061 PEQUOD DISTRIBUTION _ Cash Payment E 609-49750-252 Beer For Resale BEER $270.65 Invoice 212293 11/302023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $270.65 Refer 3021 PHILLIPS WINE AND SPIRITS, INC _ Cash Payment E 609-49750-253 Wine For Resale WINE $80.00 Invoice 6690616 11/152023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,878.74 Invoice 6690614 11/152023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $67.20 Invoice 6690616 11/152023 Cash Payment E 609-49750-253 Wine For Resale WINE $614.26 Invoice 6690615 11/152023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $4,640.20 Refer 3028 PHILLIPS WINE AND SPIRITS, INC _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 6697208 11292023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 6697209 11292023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 6697210 11292023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 6694421 11212023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 6694422 11212023 Transaction Date 12/52023 U.S. Bank 10100 10100 Total $4,028.20 $1,217.47 $160.00 $1,232.99 $360.33 $6,998.99 0201CY CITY OF MOUND Payments Current Period: December 2023 Refer 3041 SHAMROCK GROUP, INC. _ Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 2959529 11/152023 Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 2963178 11222023 Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 2965152 11292023 Cash Payment E 609-49750-255 Misc Merchandise For R PICK UP SEASONAL MERCHANDISER Invoice 2953723 10/182023 Transaction Date 12/12023 U.S. Bank 10100 10100 12/07/23 11:07 AM Page 8 $118.02 $107.41 $261.98 $75.00 Total $562.41 Refer 3040 SHANKEN COMMUNICATIONS, INC Cash Payment E 609-49750-255 Misc Merchandise For R WINE SPECTATOR PUBLICATIONS 11-15-23 $17.50 EDITION- MDSE FOR RESALE Invoice S0810769 11/12023 Cash Payment E 609-49750-255 Misc Merchandise For R WINE SPECTATOR PUBLICATIONS 11-30-23 $17.50 EDITION- MDSE FOR RESALE Invoice S0811431 11/12023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $35.00 Refer 3016 SOUTHERN WINE & SPIRITS OF M _ Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2413027 11/162023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2413022 11/162023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 2413026 11/162023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2413025 11/162023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2413023 11/162023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2413024 11/162023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX Invoice 2415273 11222023 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2415272 11222023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2412362 11/152023 Transaction Date 12/12023 U.S. Bank 10100 10100 $40.49 $13,654.50 $230.00 $2,695.50 $860.29 $449.95 $104.00 $67.12 $270.00 Total $18,371.85 Refer 3068 SOUTHERN WINE & SPIRITS OF M _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $766.10 Invoice 2417638 11/302023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $196.48 Invoice 2417641 11/302023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $125.00 Invoice 2417644 11/302023 Cash Payment E 609-49750-253 Wine For Resale WINE $636.00 Invoice 2417642 11/302023 Cash Payment E 609-49750-253 Wine For Resale WINE $560.49 Invoice 2417645 11/302023 02010 CITY OF MOUND 12/07/2311:07AM Page 9 Payments Current Period: December 2023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,013.87 Invoice 2417643 11/302023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $765.00 Invoice 2408057 1122023 Transaction Date 12/52023 U.S. Bank 10100 10100 Total $5,062.94 Refer 3050 UNMAPPED BREWING CO. _ Cash Payment E 609-49750-412 Building Rentals BEER $260.30 Invoice 030122 11202023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $260.30 Refer 3036 VINOCOPIA, INCORPORATED _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $154.00 Invoice 0340717 11/162023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $456.66 Invoice 0340762 11/152023 Cash Payment E 609-49750-254 Soft Drinks/Mix For Res MIX $251.00 Invoice 0340717 11/162023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $861.66 Refer 3039 VINOCOPIA, INCORPORATED _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $347.00 Invoice 0341559 11/302023 Cash Payment E 609-49750-253 Wine For Resale WINE $120.00 Invoice 0341559 11/302023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $325.25 Invoice 0340764 11/162023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $107.81 Invoice 0340763 11/162023 Transaction Date 12/52023 U.S. Bank 10100 10100 Total $900.06 Refer 4008 WINE COMPANY _ Cash Payment E 609-49750-253 Wine For Resale WINE $462.00 Invoice 252048 11/162023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $52.00 Invoice 252048 11/162023 Transaction Date 12/42023 U.S. Bank 10100 10100 Total $514.00 Refer 4007 WINE COMPANY _ Cash Payment E 609-49750-253 Wine For Resale WINE $731.40 Invoice 253264 11/302023 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $120.00 Invoice 253264 11/302023 Transaction Date 12/52023 U.S. Bank 10100 10100 Total $851.40 Refer 3018 WINE MERCHANTS _ Cash Payment E 609-49750-253 Wine For Resale WINE $7,080.00 Invoice 7452400 11292023 Cash Payment E 609-49750-253 Wine For Resale WINE $272.00 Invoice 7452401 11292023 Transaction Date 12/52023 U.S. Bank 10100 10100 Total $7,352.00 Refer 3023 WINE MERCHANTS PONT.,! CITY OF MOUND Payments Current Period: December 2023 12/07/23 11:07 AM Page 10 Cash Payment E 609-49750-253 Wine For Resale WINE $264.00 Invoice 7451614 11212023 Cash Payment E 609-49750-253 Wine For Resale WINE $240.00 Invoice 7451613 11212023 Cash Payment E 609-49750-253 Wine For Resale WINE $2,532.30 Invoice 7450678 11/152023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $3,036.30 Refer 3044 WINEBOW _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $262.00 Invoice 00139372 11/152023 Cash Payment E 609-49750-253 Wine For Resale WINE $189.00 Invoice 00139372 11/152023 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT -$189.00 Invoice 00139512 11/162023 Cash Payment E 609-49750-253 Wine For Resale WINE $198.00 Invoice 00140093 11/302023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $460.00 Refer 3049 WOODEN HILL BREWING COMPAN _ Cash Payment E 609-49750-252 Beer For Resale BEER $148.45 Invoice 4721 11212023 Transaction Date 12/12023 U.S. Bank 10100 10100 Total $148.45 Refer 3035 Z WINES USA LLC _ Cash Payment E 609-49750-253 Wine For Resale WINE $263.50 Invoice 26796 11/302023 Transaction Date 12/52023 U.S. Bank 10100 10100 Total $263.50 Fund Summary 10100 U.S. Bank 10100 609 MUNICIPAL LIQUOR FUND $142,001.53 $142,001.53 Pre -Written Checks $0.00 Checks to be Generated by the Computer $142,001.53 Total $142,001.53 02010 MOUND CITY COUNCIL MINUTES November 28, 2023 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 28, 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, and Kevin Castellano. Members absent: Kathy McEnaney Others present: City Manager Eric Hoversten, Deputy City Manager Maggie Reisdorf, City Clerk Kevin Kelly, City Attorney Scott Landman, Assistant City Planner Rita Trapp, Colin Charlson, Stacy Kromenhoek, Ben Kromenhoek, Kate Kromenhoek, Brian Denn, Sophia Denn, Joel Koepp, Leanna Koepp, Addison Koepp and Owen Koepp. 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. Pledge of Allegiance 3. Approve agenda Hoversten said he had two amendments to the agenda; the resolution honoring Bob Polston which is page 2567.1 and the letter to accompany item 12, request for City to be placed on to the Governor's 2024 Capital Improvement Priorities list, pages 2587.1 through 2587.6 MOTION by Larson, seconded by Pugh, to approve the amended agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Pugh, seconded by Larson, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $342,735.29. B. Approve minutes: 11-14-23 Regular Meeting C. Approve Docks and Commons Commission Reappointments D. Approve Official Dock Map Addendum E. NW Tonka Lions Temporary Liquor License F. Approve miscellaneous pay item in the amount of $4,809.00 to Create Construction for work related to the 2023 lift station backup power upgrade at the Scherven station PW 23-03 Mound City Council Minutes — November 28, 2023 G. Approve Pay Request #2 in the amount of $377,887.82 to Minger Construction for the 2023 Liftstation Improvements Project, PW 23-03 5. Comments and suggestions from citizens present on any item not on the agenda. None one came forward. 6. Mayor for the Day Essay — Top Five Recipients of 6tl Grade Grandview Middle School Students: Holt introduced the students who will be presenting their essays to the Council. Holt said one of the recipients, Nellie Sewell, was not available. Sophia Denn — Denn said as Mayor she would answer people's questions, build a public swimming pool, add a homeless shelter in Mound, and be loyal, kind, with good ideas that she can put into action. Denn said she would make Mound a better, safer place. Thomas Gombola — Gombola said as Mayor he would fix problems he has noticed. Gombola said he would rehabilitate the WRA baseball fields, add more stop signs on County Road 44 for bike safety and make more parks and homeless shelters and work on a goal to end homelessness. Addison Koepp — Koepp said a Mayor should help improve citizen's lives and listen and communicate with the people. Koepp said her ideas are to add small businesses, athletic facilities and arenas, and add green spaces around town. Koepp said the green spaces could include planting trees and starting community gardens. Kate Kromenhoek — Kromenhoek said she would like to increase the amount of green space, more areas to picnic, dog parks and playgrounds for kids to play in. Kromenhoek said she would repave the roads and fix dozens of cracks and potholes especially around Mound Marketplace. Kromenhoek would add more garbage bins around Mound Marketplace to take care of all the trash and to decrease the amount of litter. 7. Westonka Student Senate Treasurer Emma Carlson providing Westonka Schools Activities Update Emma Carlson said she is a junior at MWHS. Carlson said she has been serving on the student senate for the past three years and is currently treasurer of the student senate. Activities - • Staff Appreciation Week, November 13-17 • WeCAN Drive — December 6-13 to benefit families in Westonka • Junior Prom planning has begun • NHS Blood Drive with 39 units donated • DECA, Letters of Love, Rotary and Math League • Link Crew helps transition of students to High School • Eli Hart Foundation Chapter working with the EHF five event fundraisers in 2023 • EH Winter Wonderland Event on January 21 Athletics - • Fall Sports Wrap Up • Winter Sports have started or are starting this week 2637 Mound City Council Minutes — November 28, 2023 Arts — • Grandview Middle School Middle School Theatre musical ended recently • Westonka Community Theatre show this weekend • MWHS Theater auditions next week • Wind Ensemble and Concert Choir traveled to New Orleans Academics — Two National Merit Scholars • Two National Merit Semifinalists • 41 AP Scholars at MWHS • 4 students with College Board honors • Westonka testing scores were fourth highest • Building Teachers of the Year were named • Westonka Voting — Two Levy's approved by voters Carlson said Westonka Community Education is celebrating 45 years of service. Carlson added that the Westonka School District was listed as one of the best K-8 school districts in rankings by US News. 8. Approve Resolution Recognizing Contributions of Former Mayor Bob Polston Holt said former two-time Mayor and Council Member Bob Polston passed away on November 14th Holt read the resolution from the City which will be presented to his family. Larson said she and Polston joined together in a lawsuit 22 years ago and Polston was a dedicated Mound resident and a great guy. MOTION by Holt, seconded by Pugh, to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 23-97: RESOLUTION RECOGNIZING COTRIBUTIONS OF FORMER MAYOR BOB POLSTON El Rita Trapp, City planning consultant, said the City Council directed Colin Charlson to come back to the City with a proposal for the Outlot B property which the City owns. Trapp said the City intended Outlot B to be combined with adjacent property for development. Trapp said that Outlot B is currently dedicated open space and the applicant wants to improve the structure on the 5518 Old Shoreline Drive. Trapp said the applicant would like to add a sidewalk and ramp to the parking lot in the back of the 5518 Shoreline building. Trapp said the addition of Outlot B would support the amendments to the outside of the 5518 Shoreline building. Trapp said staff did notice the proposed land purchase to neighboring property owners. Colin Charlson, 5749 Sunnybrook Lane, Minnetrista, said his insurance business is currently in Mound. Charlson added he started his business with two employees and now the business has 13 employees. Charlson said his current office building is now too small and he was looking to move his business location and found there aren't many options for commercial office space in Mound. Charlson said he did consider moving out of town due to the lack of office space. Charlson said most of his employees are residents of the area. O Mound City Council Minutes — November 28, 2023 Charlson said he was approached to be a potential buyer of the 5518 Shoreline building which was built in the 1930's. Charlson said he wants to preserve the 90-year-old building and use the ground floor as the space for his insurance and financial services practice with the upstairs to be rented to another tenant. Charlson showed the Council a design sketch and said he will improve the building including the front with a new entrance fagade and parking access to the back of the building. Charlson said adding the Outlot B property will be beneficial as it will add ADA access to the building. Pugh said she is excited about something happening with the building. Pugh said she is concerned about how the property fits together with the Artessa development and the future proposed park to the east. Pugh said the Council should think about how to put this all together. Pugh said the design plan looks great. Holt said the old building is an eye -sore and he said he echoes Pugh that the plan looks great. Hoversten said after this discussion and the property owner must decide whether to go forward with his plan. Hoversten said this was an unsolicited purchase offer. Hoversten said this proposal would go to the Planning Commission (PC) for platting and Comprehensive Plan review. Charlson said he would go forward with making a decision on the application process. Hoversten said there is an unsolicited purchase offer for the property. Hoversten said to move forward there would need to be plat action to join with the lot Charlson owns. Hoversten said there will also be PC Planning review application for Comprehensive Plan compliance. Pugh asked about parking to which Charlson said there are 11 spots in back and the diagonal parking in front of the building on the street. Castellano said the design is cool and makes sense, but that he is not interested in the business sign and the green space. Pugh said this building would bring vitality to the old downtown of Mound. Pugh said can the City ask Charlson to do something on the remaining green space if a building can't be sited on the lot. Charlson said he doesn't want public activity and recreating on his private property. Charlson said Outlot B is a difficultly shaped lot. Holt said there isn't a lot of space in Outlot B to build on. Hoversten said this is an opportunity for the Council to weigh in on the proposed project as this process replaces the previous development committee. Castellano said the green space matches the park on the other side of the Harbor area. Castellano said the green space can be used for something else. Castellano said if the PC does their homework, then the PC will vet the planning proposal Charlson said he needs the property in that without Outlot B it is not possible to renovate to include the necessary ADA access and there is more hardcover than is allowed by the Watershed District. Hoversten said that Outlot B probably can't be used for anything else other than being combined with an adjacent property. Hoversten said there are two choices which include a lower intensity development like Charlson's proposal and one of higher intensity which would be more building activity on Outlot B. 2639 Mound City Council Minutes — November 28, 2023 10. City Council discussion/action on purchase agreement offer from Colin Charlson of 4 C's Equity. LLC to buy City property known as Outlot B, Mound Harbor Landsman said Council Member Larson will recuse herself from this discussion due to conflict of interest as she has expressed an interest in purchasing the property. Larson recused herself from Council discussion on this matter. Hoversten said there are three options for the Council to consider; remand discussion to PC for formal review, reject the purchase agreement, or table the agreement for further discussion. Hoversten said the City attorney has not reviewed the agreement at this time in the process. Hoversten said this is the only offer on the table though there has been another expression of interest in purchase of the property. Hoversten said there can be a claw -back clause if the purchaser doesn't do what they proposed. Hoversten said this process is a change from past practices based on the Council wanting to vet public property proposals before they went to the PC. Castellano said the project is great. Castellano said the Council can decide the number for the purchase later. Hoversten said if the Council doesn't like Charlson's plan than reject it at this time rather than forwarding it on to the PC. Landsman said the idea is, if the City is interested in the proposal, the proposal should get a recommendation from PC as far as compliance with the Comprehensive Plan. Landsman said staff can start to negotiate a purchase price. Landsman added the Council is not bound to the agreement until there is closed session to work through terms and conditions and then final attorney review. Charlson said the process is frustrating and he expressed interest in the property and is the person carrying the bill waiting for a decision. Charlson said the only people who can develop Outlot B are himself and Larson who are the adjacent property owners. Hoversten said the Council doesn't want to go to a sealed bid because a third party could purchase and hold the land and it may not be developed. MOTION by Holt, seconded by Pugh, to approve 4 C's Equity, LLC proposal for review by the Planning Commission for consistency with the City Comprehensive Plan. Holt, Pugh and Castellano voted in favor. Motion carried. 11. Fee Schedule Amendment as it pertains to Dock Program Fees Landsman said item 11 relates to an increase in dock program fees and Castellano is the only Council Member who participates in the Dock Program. Landsman said any decision to adjust the fees will have a direct financial impact on Castellano and recommends Castellano be recused. Landsman said this creates a conflict of interest and there is case law which establishes a balance to direct impacts the Council and to maintain a functioning government. Landsman said Castellano is the only member who is directly impacted and his recusal doesn't sway the quorum. Landsman said he reached out to the Castellano about this conflict of interest. Holt said that he is on the wait list but is not in the dock program but the Council is deciding whether to raise his wait list fee. Landsman said if Holt joins the Dock Program those decisions affecting Dock Program Fees would be taken case by case. Castellano said he is going by the advice of the City Attorney and is recused from the Council discussion and action. Kelly said the Docks and Commons Commission (DCC) considered the Council approval of Ehlers LLC Option 1 for Dock Program fee changes and felt the fee increases in Option 1 weren't equitable. Kelly said the DCC thought the Dock and Slip license holders should pay the same amount of increased Mound City Council Minutes — November 28, 2023 fees. Kelly said the DCC also voted that they would like to be more aggressive with fees to pay for increase costs to the Dock Fund from the increase in tree removal and future slip installation and removal. Hoversten said the fee decision by the Council is whether to be more aggressive on the front end or less aggressive and follow the capital planning formula created by Ehlers. Hoversten said Ehlers created a capital plan graph for the DCC suggested Option 2 with future adjustment of dock fees which are more aggressive on the front end and more modest increases in the future. Holt said the DCC met on Thursday and disagreed with the Council approved Option 1 and voted unanimously. Kelly said yes it was a 6-0 vote of the DCC to be more aggressive with fees. Kelly added that Dock license fees have not kept up with inflation over the last 15 years. Kelly said there have been $100 increases in dock program fees in previous years. Holt said the Council had a good reason to go forward with Option 1. Pugh said she is in favor to go ahead with the DCC opinion and therefore the presented Option 2. Larson said she has not changed her view from the last Council meeting. Holt asked Pugh why she liked Option 2 over Option 1. Pugh said if the DCC is more willing to be more aggressive the Council should follow their preference. Pugh said the DCC are individuals who use the program and the Council wanted to take a gentler approach to fee increases. Pugh said the market for docks on the lake show that the dock fees are undervalued. Holt said it was good that the DCC voted on a higher increase. Holt said four out of the five Council members voted for Option 1 from Ehlers and he felt comfortable with that. Hoversten said the Council should also consider all of the other increases in cost to residents and to minimize the totality of the increases and not to raise costs to residents more aggressively. Pugh said she would vote for Option 1 to move this item forward. MOTION by Holt, seconded by Pugh, to approve the following resolution and Ehlers Option 1. Pugh and Holt voted in favor. Larson voted no. Motion carried. RESOLUTION NO. 23-97: RESOLUTION AMENDING CITY OF MOUND RESOLUTION NO. 22-108 AS IT PERTAINS TO WATERWAYS FEES 12. Approve memo to Governor's Office regarding 2024 Capital Improvement Priorities and Funding for the Mound Water Treatment Project Holt presented the Governor's request letter memo to the Council. Holt asked the Council if they had any objections or changes to the memo. Council members did not have any comment on the letter regarding the Governor's memo. Holt said Kelly Morrison's staff informed him that the Mound water treatment plant has been added to the bonding list for state projects. Hoversten said the Minnesota Department of Health has changed its point value for projects and is going to raise the point value for this cycle which is favorable to the City proposal. MOTION by Pugh, seconded by Castellano, to approve the letter to Governor Walz regarding support for the 2024 Capital Improvement priorities and funding for the Mound Water Treatment Plant. X. Comments/Reports from Council Members 2641 Mound City Council Minutes — November 28, 2023 Council Member Pugh — Pugh said she attended the Christmas Tree Lighting event with lots of people in attendance and gave out the buy local campaign material. Pugh added the Gillespie Center Christmas Boutique was held which was suspended due to the Covid crisis. Council Member Larson — Larson said she attended the Fire Commission Meeting with a tour of Fire Department and the new fire truck. Larson added the Star Tribune had an article about the new Hennepin County Library. Council Member McEnaney — Not present Council Member Castellano — Castellano asked about the timeline for interviews of the City Manager candidates. Holt said to meet in Chambers at 6:00 with interviews starting at 6:15. Mayor Holt — Holt said he did the DARE graduation recently for the 6th grade class at Grandview Middle School. Holt attended the Hot Spot Ribbon Cutting and said the owners of the shop are Mound residents. Holt said the Communication Committee met to plan on communication including the City newsletter and a City Facebook page. Holt said he would like to change the name of the City newsletter which is City Contact. Y. Information/Miscellaneous A. Comments/reports from Council members/City Manager: • City Manager candidate interviews on November 29 • December 12 is the last meeting of the year and it will be a full agenda • December 22 - City Hall closed for Christmas Eve • December 25 - City Hall closed for Christmas • December 29 - City Hall closed for New Year's Eve • January 1 - City Hall closed for New Year's Day • Polar Plunge scheduled for January 27, 2024 Reisdorf said the City Facebook is temporarily disabled by Facebook to make sure the account is managed by a real person. B. Reports: Fire Department — October 2023 Mediacom 11/10/2023 Rate Adjustment letter Metropolitan Council 11/3/2023 Letter, Completeness of Comprehensive Plan Amendment C. Minutes: September 21, 2023 Docks and Commons Commission D. Correspondence: Z. Adjourn MOTION by Larson, seconded by Pugh, to adjourn at 8:46 p.m. All voted in favor. Motion carried. Attest: Kevin Kelly, Clerk Mayor Jason R. Holt / ij MOUND CITY COUNCIL MINUTES November 29, 2023 The City Council of the City of Mound, Hennepin County, Minnesota, met in a special session on Wednesday, November 29, 2023 at 6:00 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: Assistant City Manager Maggie Reisdorf, City Clerk Kevin Kelly and Pat Melvin, DDA. 1. Open meeting Mayor Holt called the meeting to order at 6:01 p.m. 2. Approve agenda MOTION by McEnaney, seconded by Castellano, to approve the agenda. All voted in favor. Motion carried. 3. Interview of City Manager candidates Pat Melvin of DDA introduced the two candidates to be interviewed by the Council. Melvin said both candidates met the Mayor and staff prior to the interviews. Scott Hildebrand was the first candidate to be interviewed by the City Council. The City Council completed the first interview and went into recess at 7:15. The City Council returned from recess at 7:45. Jesse Dickson was the second and final candidate to be interviewed by the City Council. The City Council completed the second interview and went into recess until 8:46. 4. Discussion and action on the City Manager candidate selection Melvin guided the Council discussion on the City Manager candidate selection. Melvin said he will work with the Personnel Committee to create a tentative employment agreement and bring the agreement back to the City Council for approval. Melvin said he will contact the candidates of their status regarding the Council decision on the City Manager position. MOTION by Holt, seconded by McEnaney, to approve an offer of the selection of the City Manager position to Jesse Dickson by the personnel committee with the understanding the MN Statute Section 412.641 requires the City Council's selection of a City Manager to be solely on the basis of training, experience and administrative qualifications. The evaluation of all candidates for the City Manager position has been based solely on these statutory qualifications. In making the decision to make the offer for the City Manager position the City Council has determined that Jesse Dickson best meets the statutory qualifications. All voted in favor. Motion carried. 2643 Mound City Council Minutes — October 25, 2022 5. Adjourn ACTION by Castellano, seconded by Pugh, to adjourn at 9:56 p.m. All voted in favor. Motion carried. Mayor Jason R. Holt Attest: Kevin Kelly, Clerk 2415 Wilshire Boulevard Mound, MN 55364 (952) 472-0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: December 6, 2023 Re: December 12, 2023 City Council Consent Agenda Item — 2024 Polar Plunge on Lake Minnetonka at Surfside Park Summary. A Public Gathering Permit and Musical Concert Permit applications were submitted by Peter Mayer, on behalf of the Minnesota Special Olympics, for use of Surfside Park and Beach for the 2024 Polar Plunge being held on Saturday, January 27, 2024 from 11:00 a.m. to 3:00 p.m. (excluding set-up and tear down activities) being held on Lake Minnetonka. Event setup activities for this year's event (i.e. tents, etc.) will take place on Friday, January 26'. Details. • Similar to past years, Staff recommends a reduced fee of $100 for the Public Gathering Permit and waiver of the damage deposit. • Staff has notified Orono Police Chief Farniok, Public Works Superintendent Prich and Fire Chief Pederson about the upcoming event. Additionally, the Lake Minnetonka Conservation District, the Hennepin County Transportation Department, and the Hennepin County Sheriff's Water Patrol were also notified about the special event. • A MFD permit application and eligible for administrative approval. Temporary sign permits are also eligible for administrative approval. • The applicant has reserved the Mound Depot for the event. Recommendation. Staff recommends approval of the requested permit, subject to the following conditions: 1. Applicant shall be responsible for procurement of all required local and Public agency permits that are needed to hold the event. Applicant shall provide copies of all said permits to the City prior to the issuance and release of the Public Gathering Permit. 2. Applicant shall work with the Orono Police Department, the Fire Department, and and the Public Works Department regarding any logistics for the upcoming event including, but not limited to, equipment and personnel needs, site set-up and 2645 staging, traffic/pedestrian control and circulation, etc. Applicant is responsible for payment of fees for Public safety or Public services that may apply. 3. Amplified music, speakers and PA/sound systems are to be directed in the direction best suited to minimize impact upon neighbors. 4. The submittal of a Certificate of Insurance, naming the City of Mound as an additional insured, is required and shall be provided prior to the release and issuance of the Public Gathering Permit. Required insurance and coverage shall be in accordance with the City's established policies. Applicant to work with Deputy City Manager Maggie Reisdorf regarding the form and required amounts for the Certificate of Insurance. 5. The Depot parking lot and boat launch parking lot shall be closed to accommodate the event to include set up and tear down activities with specific dates/time to be determined by the City Manager. 6. The applicant is responsible for obtaining a MFD permit to include all required inspections. 7. If different from the application, contact information, including name and cell phone number, for the person(s) who will be on site the day of the event shall be provided prior to the release of the Public Gathering Permit. 8. As applicable, the applicant is responsible for obtaining a temporary sign permit to include all required conditions. 9. Applicant to comply with CDC guidelines for COVID 19 in effect at the time that apply to the event. A draft resolution approving the permit application, subject to conditions, based on Staffs recommendation, has been prepared for Council consideration. Staff recommends approval. • Page 2 / le CITY OF MOUND RESOLUTION NO. 24- RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR 2024 MOUND POLAR PLUNGE AT SURFSIDE PARK AND BEACH ON SATURDAY, JANUARY 27, 2024 AND REDUCED FEE WHEREAS, the 2023 Fee Schedule set a Public Gathering Permit Category I Location Fee at $300 per day and the Damage Deposit at $500 per day; and WHEREAS, the 2023 Fee Schedule set the Musical Concert Fee at $50 per day unless a Public Gathering Permit Fee is being paid in which case the fee is waived; and WHEREAS, the 2023 Fee Schedule sets the Seasonal, Banner, Portable Sign Permit at $25; and WHEREAS, the Mound Fire Department (MFD) Tent and Portable Heating Permit Fees are $25 each; and WHEREAS, Peter Mayer (applicant), on behalf of Special Olympics Minnesota, and in cooperation with Westonka Community and Commerce, submitted Public Gathering Permit and Outdoor Musical Concert Permit applications for the 2024 Annual Mound Polar Plunge for Special Olympics Minnesota to be held on Saturday, January 27, 2024 from 11:00 p.m. to 3:00 p.m. (excluding set up and tear down activities) at Surfside Park and Beach. Set up activities for the event will take place on Friday, January 26, 2024; and WHEREAS, the applicant also submitted a Mound Fire Department Tent Permit application which is eligible for administrative approval; and WHEREAS, Seasonal, Banner, and Portable Sign Permits are also eligible for administrative approval. WHEREAS, the City Manager and City Staff desire to waive a portion of said fee and to charge a reduced Public Gathering Permit fee of $100 and waiver of the $500 damage deposit for the proposed public gathering because it is a community event that benefits the community as a whole, it requires an extremely limited amount of city expenditures, and the primary objective of the event is not to benefit a private interest but rather to showcase the economic, recreational, and residential opportunities and amenities located within the City of Mound as a whole and within the geographic area of the proposed public gathering; and 2647 WHEREAS, the City Council, upon recommendation of the City Manager and City Staff, have reviewed said applications and recommend approval including the conditions included in the Staff Memorandum dated December 5, 2023 ("Conditions"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as follows: 1. The recitals set forth above are incorporated into this Resolution. 2. A reduced fee of $100 and waiver of the $500 damage deposit for the Public Gathering Permit as it is in the public interest due to the overwhelming public benefits and extremely limited demands on city resources arising from the special event. 3. The Public Gathering Permit and Musical Concert Permit for the special event are hereby approved with Conditions. Passed by the City Council this 12th day of December, 2023. Attest: Kevin Kelly Mayor Jason R. Holt / -o CITY OF MOUND 2415 WILSHIRE BLVD. MOUND, MINNESOTA 55364 PUBLIC GATHERING PERMIT Use of a public park, streets or rights of way by any group consisting of 15 or more individuals. Use is not to interfere with traffic and general use of the public lands or to be beyond the ability of the police in maintaining order. NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS. Group is to remove all litter and trash and provide a deposit to insure cleaning up of the public lands. Category I Locations (Surfside Park, Greenway, Centerview and Parking Deck) PERMIT FEE: $300/DAY DAMAGE DEPOSIT: $500/DAY* Category II Locations: Other parks (neighborhoods, veterans parks) PERMIT FEE: $50/DAY DAMAGE DEPOSIT: $200/DAY* A certificate of insurance naming the City of Mound as Certificate Holder/Additional Insured is required with respect to the City's ownership of the public lands. Date(s) of Use /, r evg _ .fan 7�� a (x;k/rdct� J' Area to be Used Time Frame Intended Use Expected Attendance 1,S' 0 Organization Representative's Name Address Telephone No. Daytime: 6 12 - ?A1 -707 2 u � -,t Departmental Approval City Clerk Police Dept. Public Works Dept. Fire Dept. $50/event (only if no Public Gathering Permit Issued) Date(s) of Musical Concert LICENSE # CITY OF MOUND 2415 WILSHIRE BLVD. MOUND, MINNESOTA 55364 MUSICAL CONCERT PERMIT APPLICATION (Including, but not limited to, live music, music provided by a disc jockey, and/or any type of amplified music) LOCATION OF MUSICAL CONCERT: C' r t\50 f� ✓� ( nn ii: ,'� Yl TYPE OF MUSICICAL CONCERT: f� TIME PERIOD OF MUSICAL CONCERTI (HOURS PERMITTED: Mon - Sun: 7:00 am - 10:00 pm) REQUESTED EXTENSION OF HOURS: (Council approval must be received to conduct a musical concert after 10:00 pm) APPLICANT: CONTACT: 12Lhc w, // ADDRESS: 160 7n AH,— S , (j;: e -ACV ADDRESS: YP-i g MA E-MAIL c'i JVIGt (r HOME PHONE #: �(J J �, " �(, —"�yy `.}2 WORK PHONE #: Date Applicant's Signat A certificate of insurance naming the City of Mound as Certificate Holder/Additional Insured is required with respect to the City's ownership of the public lands, if applicable. Department Review Approved Denied Police Dept. Adm. Fire Dept. 2650 2415 Wilshire Boulevard Mound, MN 55364 (952) 472-0604 To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: December 6, 2023 Re: Planning Commission Reappointments and Appointments Planning Commission Term Expirations and Vacancy. The terms of Planning Commissioner Jason Baker and Planning Commission Samantha Wacker expire on December 31, 2023. Both Mr. Baker and Ms. Wacker are interested in being reappointed to the Planning Commission. Planning Commission member Jon Ciatti is resigning from the Planning Commission at the end of the year. There are two years remaining on Mr. Ciatti's term. The notice of Planning Commission candidate vacancy was published in the Laker newspaper on September 23rd and September 121' and was also posted on the front page of the City of Mound website under "City News." Planning Commission Interview and City Council Attendance. The City of Mound received 3 applications for the Planning Commission from Matt Bouts, Michelle Herrick and Kristin Young. The candidate interview were held as part of the special/rescheduled Planning Commission meeting on Tuesday, November 21, 2023. Members of the Council were invited to attend the interviews. The candidates interviewed were each asked a series a questions from the Planning Commission members. The same list of questions was asked of each candidate. Following the completion of the candidate interviews and discussion, a written ballot method of voting was used which yielded the following tally: Matt Bouts —(15); Michelle Herrick — (15); and Kristin Young —(12) The above individual with the lowest points, Kristin Young, was the Planning Commission's recommended candidate. Recommendations. 1. Reappointments -The Planning Commission unanimously voted to recommend the City Council reappoint Jason Baker and Samantha Wacker to 3-year terms on the Planning Commission. 2. New Appointment. The Planning Commission unanimously voted to recommend the City Council appoint Kristin Young to a 2-year term on the Planning Commission. 2651 MEETING MINUTE EXCERPTS - DRAFT SPECIAL/RESCHEDULED PLANNING COMMISSION NOVEMBER 21, 2023 Chair Goode called the meeting to order at 7:00 pm. ROLL CALL Members present: David Goode, Nick Rosener, Derek Archambault, Jason Baker, Kathy McEnaney, Drew Heal, Jake Saystrom Members absent: Jon Ciatti, Samantha Wacker Staff present: Sarah Smith, Rita Trapp and Secretary Jen Holmquist. Members of the public: John Evans-2025 Arbor Lane, Michelle Herrick-2630 Westedge, Matt Bouts-6107 Sugar Mill Lane, Grant Johnson-6250 Murray Hill Road, Excelsior, Stephen Anderson-2003 Arbor Lane, Cathy VanderSchans-2009 and 2015 Arbor Lane APPROVAL OF MEETING AGENDA MOTION by Baker to approve the agenda, as amended to include updated survey for Planning Case No. 23-15 for 2001 Arbor; seconded by Saystrom. MOTION carried unanimously. REVIEW OF OCTOBER 3, 2023, REGULAR MEETING AND OCTOBER 17, 2023 SPECIAL RESCHEDULED MEETING MINUTES MOTION by Saystrom to approve the October 3, 2023 regular meeting minutes, as written; seconded by Rosener. MOTION carried unanimously. MOTION by Saystrom to approve the October 17, 2023 special rescheduled meeting minutes, as written; seconded by Rosener. MOTION carried unanimously. PLANNING COMMISSION CANDIDATE INTERVIEWS Smith outlined the interview process. There are 3 candidates and interviews are 10 minutes. The application information for the candidates was not included in the regular agenda packet and was provided under separate cover due to protected information. The top choice will be numbered 1 on the ballot with the lowest choice being numbered 3. The candidate with the lowest number total will be the recommended candidate. The same question should be asked of each candidate. 2652 Planning Commission Minutes - Draft Kathy McEnaney's question is what makes you passionate to serve on the Planning Commission? Drew Heal's question is what is one thing you would change about Mound, and why? David Goode's question is sometimes we get variance requests that make a lot of sense but are not within city code. How would you deal with that situation? Jason Baker's question is how would you handle a situation where a lot of neighbors came out in opposition to a planning case and the code could go either way? Saystrom's question is how would your past experience benefit your work on the planning commission? Rosener's question is can you describe a situation where you were faced with a decision that had multiple options, how did you decide and why? Archambault's question is what else would you like us to know about you that would make you a strong candidate for this role? Matt Bouts — Bouts said he is passionate about the planning commission because he wants to serve his community. He said he was alerted to the commission opening by members of the community, encouraging him to apply. This is his third time interviewing. If he is selected, he hopes to serve his community well, but if not selected, it will be a great lesson in humility. The thing he would change is to find a way to have more thriving businesses and more restaurants in town. It's a complex thing and the city has been managing. He would hope to help execute the 2040 plan. It leads the community to more congeniality and homogeneity. Mound lacks that, in some ways, but that is because of the history of how the community came together. In response to how he would decide on planning cases, Bouts said there are rules for a reason. Common sense needs to rule the day. He thinks it's very important that any affected parties understand what the codes are and are okay with it. Bouts thinks the people who come out against a planning request may be loud voices but may not necessarily represent the entire community. Anyone who shows up should have their voice heard but if it's a gray area, you should lean on the code and make sure the community understands why. The job of this body is to determine if the loud voices are speaking for the entire community. Bouts said the decisions he has to make professionally will benefit his work on the Planning Commission. He thinks discernment and being able to evaluate a situation and the possibilities of it. Being able to deliver hard news to someone can be difficult but some of his experience with clientele, employees and his work with security for his church would serve him well. Bouts said his decision -making process is finding a clear answer by gathering all the information. Sometime the clear answer isn't the easiest path. Twelve years ago, Bouts moved away from Ameriprise Financial and started a new franchise. It was an economic cut for his family but calculating the risks, he knew it was the best option after evaluating the opportunity. Bouts wanted the commissioners to know he tends to be emotionally in touch and vulnerable. He thinks that's the best way to communicate. It helps situations to be forthright and up front with everyone. He is that way in his personal and work life and he would bring that to the Planning Commission, as well. 2653 Planning Commission Minutes - Draft Michelle Herrick— Herrick said her passion for serving on the Planning Commission comes from being very involved in the community. She volunteers at the Westonka Food Shelf. She has been active in the community about various issues. She is passionate about getting an understanding of what the community wants and needs. She has a good idea of how to implement those ideas. When asked what she would change, Herrick said in the past she had some concerns on how things were being delivered to the city council and it didn't seem like they had a good overall approach. She believes that's changed. Being able to make a presentation with all the facts would be what she would have changed. A lot of changes have happened since Mayor Holt was elected. She's passionate about communication. The newsletter and the website have been revamped. She thinks those were positive things. Herrick said in dealing with requests that are not within city code it will be important to do the analysis and understand what the resident is trying to accomplish. Taking that into consideration and looking at all aspects of the proposal is essential. She believes there may be some instances where you have to take somethingto legal counsel. Evaluating it based on current code is all we can do. No one person has all the right answers. We are a diverse group of people with a nice community and everyone wants everythingto be better. By listening to the residents, we can accomplish it. Herrick said if a lot of people show up in opposition to a request, she would look at if the variance is specific to a conflict then there would be some consideration the planning commission would have to make in delivering that to the city council. Herrick said she is not an ordinance specialist. She is a project manager. She does planning, analysis and implementation. She works with a lot of different people. She is not an expert. She would seek guidance from legal counsel or someone else who has more expertise than her. Something probably needs to be changed if the ordinance is not strong enough or inclusive enough. Herrick has experience that she would bring to the commission. She has served on a board for her condominium association. Her daily job as a consultant in the financial industry has afforded her quite a bit of experience working with a diverse group of people, from entry level to senior leadership. This gives her a skill set where she is able to listen, come up with the information she needs and present the information in a way everyone can understand and discuss to come to a decision. She does project management day in and day out. She is passionate about project management and that is also a skill that would be valuable to the planning commission. Herrick said that movingto Mound is an example of a decision she made where she had to weigh all the options before acting. She was living in Apple Valley. The housing market was on fire and she had to build something just to have a place to live. She knew Apple Valley would not be her permanent home. She looked at Mound and found the charm and small-town feel like that of the small town in West Virginia where she is from. She felt like she could be a part of the community. It was a tough decision but it was right. It helped her determine what was important to her. Herrick thinks she would be a good commissioner because she has been active in the community since 2005. She works from home and will continue to do so until she retires. She enjoys planning. It is a big part of what she does every day. She works with the food shelf, Supplies for Cash, Dog Days, Spirit of the Lakes. Remaining active in the community is very rewardingfor her. Kristin Young —Young says she was raised in Wayzata, she sees how much that has changed. And changes don't happen without planning. She was living in St. Paul. She thought she would retire there. Within three years she realized she needed to get out of St. Paul after watching her neighbors who had been there 30 years move out and she was burglarized. She wasn't safe, she couldn't walk her dog at night. She understands the importance of planning and anticipating problems before they 2654 Planning Commission Minutes - Draft happen. She was an employee of the State of Minnesota and she enjoyed working in government. She lobbied for healthcare and she enjoyed the process of government and realizes how important it is. She has no political ambition, she just enjoys working in government. If Young could change something it would be the internet service available in Mound. She thinks it's extremely important for students to have good internet service. It will become more and more of a problem as more people connect their appliances and security systems to the internet. If a case is presented that goes against code, Youngthinks you have to look at the specific laws, rules and codes and you ask why it was established and determine if the rule still applies. You have to consider how granting a variance may affect other variances. She thinks you have to take them case by case. She would be somewhat flexible and not just rubber stamp anything. If a case comes before the commission and a lot of neighbors come out against it, Young would try to understand the residents' concerns. She believes it's case by case. The concerns are usually for a good reason and you have to listen to them. Young's experience working for Health Partners will help her on the planning commission. She graduated college with a pharmacy degree, she initially had a team of about 12, but there were hundreds of staff by the time she left. She planned the construction of all 20 pharmacies, she was responsible for the security systems for all the Health Partners sites. She did long range planning for a mail service organization. Significant errors were found and she turned that organization around within months. Planning affected people's lives. Errors can't exist in health care. She invented the prescription numbers. There was a ROI and patient and physician satisfaction went up. They were no longer losing charts and hard copy prescriptions. She has years of experience planning. Working for the government she was hired for significant federal program coming down where the state of Minnesota was being sued by the pharmacy association. She helped plan the implementation of this program and represented the state in lawsuits. Young said an example of a decision she had to make what when she was operating 20 pharmacies and managed 300 people. There was goingto be a down turn in business and she didn't want to let people go because she didn't want the company to get a reputation as a workplace you can't count on. Young worked with other departments to reallocate the tech staff and also arranged the schedules with the pharmacists so they could use their vacation and share staff among the 20 clinics. Young thinks her experience working with the state and federal government, her interest in contributing to her community and her experience as a board member at Summit Academy would make her a great commissioner. She initiated an IT program to help homeless transition to lucrative careers with full benefits. After the conclusion of the interviews, Chair Goode directed Staff to hand out the ballots and asked Commissioners to rank the candidates. The ballots were then collected by Staff and counted. Planning Commission Secretary Holmquist tallied the ballots and Smith announced the results. Kristin Young is the recommended Planning Commissioner candidate. She received 12 votes and the other two candidates each had 15 votes. MOTION by Saystrom to recommend to City Council that Kristin Young be recommended for the Planning Commission opening; seconded by Heal. MOTION carried unanimously. MOTION by Archambault to recommend to the City Council that Commissioners Baker and Wacker (Erickson) be reappointed to the Planning Commission; seconded by Rosener. MOTION carried unanimously. 2655 2415 Wilshire Boulevard Mound, MN 55364 (952) 472-0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director and Eric Hoversten, City Manager -Director of Public Works Date: December 6, 2023 Re: December 12, 2023 Consent Agenda Item — Consideration/Action on Resolution Approving Parking and Access License Agreement with Minnesota Lakes Bank Summary A proposed parking and access license agreement has been included on the December 12' City Council agenda for Council consideration. The proposed agreement between the City of Mound and Minnesota Lakes Bank located at 2290 Commerce Boulevard provides for public access over the bank property to the City parking lot located immediately adjacent to the bank and also allows for shared use of designated spaces in the City parking lot as shown on Exhibit C by the bank. Discussion • The parking and access license agreement was forwarded to the property owner and representative who are in agreement with its form/content. Council members are advised that Noah Wilcox, CEO of Minnesota Lakes Bank, would also like to be able to use the parking spaces on the north side of the City parking lot some of which extend into the HCRRA property. At this time, no additional information on the City's ability to include these spaces in the agreement is available. Members are advised that change to the agreement with regard to the scope of the agreement including spaces in the City parking lot would be brought back to the City Council as amendment to the shared access and parking license agreement. • Council members are advised that Section 7 of the agreement related to insurance was reviewed by the City's insurance carrier. Their suggested changes have been incorporated into the current version of the agreement under consideration. Requested Action A draft resolution to approve the parking and access license agreement, subject to conditions, has been prepared for Council consideration and was prepared by the City Attorney. Staff recommends approval. CITY OF MOUND RESOLUTION NO. 23- RESOLUTION APPROVING PARKING AND ACCESS LICENSE AGREEMENT WHEREAS, the City of Mound ("City") is fee title owner of the property with the property identification number 13-117-24-33-01742 (the "City Property') that is partially improved with surface parking ("City Parking Area"); and WHEREAS, Minnesota Lakes Bank ('Bank") is the fee title owner of the property with the property identification number 13-117-24-33-0083 (the 'Bank Property') that is partially improved with surface parking area ('Bank Parking Area"). The City Parking Area and the Bank Parking Area are adjacent to each other and the Bank Parking Area has access to Old Shoreline Drive: and WHEREAS, the Bank desires to utilize the City Parking Area for its employees and customers and the City desires to utilize the Bank Parking Area for ingress and egress from the City Parking Area to Old Shoreline Drive ("Use"); and WHEREAS, a Parking and Access License Agreement attached hereto as Exhibit 1 has been prepared for the Use ("License Agreement'); and WHEREAS, City staff recommends approval of the License Agreement; and WHEREAS, the City Council considered the License Agreement at its regular meeting on December 12, 2023. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound that the License Agreement is hereby approved with the following conditions: 1. The recitals set forth above are expressly incorporated herein. 2. The City Manager and City Attorney are authorized and directed to make such modifications necessary to carry out the intent of this Resolution. The License Agreement shall be subject to the review and acceptance of the City Attorney. 3. The Mayor and City Manager are authorized to execute the License Agreement. 2657 Adopted by the City Council this 12th day of December, 2023. Attest: Kevin Kelly, City Clerk 01 Jason R. Holt, Mayor O EXHIBIT 1 PARKING AND ACCESS LICENSE AGREEMENT m 2659 PARKING AND ACCESS LICENSE AGREEMENT THIS PARKING AND ACCESS LICENSE AGREEMENT (this "Agreement") is made as of the of , 2023 ("Effective Date"), by and between the City of Mound, a Minnesota municipal corporation ("City"), and Minnesota Lakes Bank, a Minnesota state chartered bank (`Bank'; City and Bank collectively the "Parties" and sometimes individually a "Party"). WHEREAS, Bank is the fee title owner of that certain property located in the City of Mound, County of Hennepin, commonly known as 2290 Commerce Blvd., Mound, Minnesota 55364 with the Property Identification Number 13-117-24-33-0083 and as legally described on Exhibit A attached hereto (`Bank Property"); and WHEREAS, City is the fee title owner of that certain property located in the City of Mound, County of Hennepin with the Property Identification Number 13-117-24-33-0172 and as legally described on Exhibit B attached hereto ("City Property"); and WHEREAS, the western portion of the City Property is improved with a surface parking lot and is depicted on Exhibit C attached hereto ("City Parking Area"); and WHEREAS, the eastern portion of the Bank Property is improved with a surface parking lot and has access to Old Shoreline Drive as depicted on Exhibit D attached hereto ("Bank Access Area"; City Parking Area and Bank Access Area collectively the "Use Areas"); and WHEREAS, Bank desires to utilize the City Parking Area for its employees, consultants, agents, customers and invitees, and the City desires to utilize the Bank Access Area for ingress and egress from the City Property to Old Shoreline Drive for the City and its employees, consultants, agents and invitees. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Incorporation. The foregoing Recitals and any attached exhibits are a material part of this Agreement and incorporated herein. 2. Term. This Agreement shall have an initial term of one (1) year commencing on the Effective Date ("Initial Term") and shall automatically renew for one (1) year periods thereafter (each an "Extension Term'; Initial Term and Extension Term collectively the "Term") unless terminated as hereinafter provided. This Agreement may be terminated in writing by either Party, with or without cause, upon 30 days' prior written notice to the other Party. 3. Grant of Use. a. City Parking Area. During regular bank business hours and during the Term, City hereby grants to the Bank, its employees, consultants, agents, customers and invitees (collectively "Bank Parties") the non-exclusive right for ingress and egress access to the City Parking Area and to use the City Parking Area for the limited purpose of parking of operable and licensed motor vehicles by the Bank Parties ("Bank Use"). No overnight use shall be allowed. Bank shall not charge a fee for the Bank Parties to use the City Parking Area Bank Parties shall not 26160 reserve, cordon off, block off, or assign itself particular parking areas or spaces within the City Parking Area. The license granted herein does not provide any priority or preference for use by Bank Parties of parking spaces available for use in the City Parking Area. b. Bank Access Area. During the Term, Bank hereby grants to the City, its employees, consultants, agents and invitees (collectively "City Parties") the non-exclusive right for ingress and egress access; and use of the Bank Access Area for the limited purpose of ingress and egress over and across the Bank Access Area to and from the City Property and Old Shoreline Drive by pedestrian and vehicular traffic ("City Use"). 4. Obligations of Bank. In consideration for City permitting the Bank Parties the Bank Use, Bank agrees to use reasonable care in its use and enjoyment of the City Parking Area and such use shall be in conformance with this Agreement and local, state, and federal rules and regulations. Bank shall promptly repair and restore any damage to the City Parking Area caused by the Bank Parties. 5. Obligations of Citv. In consideration for Bank permitting the City Parties the City Use, the City agrees to use reasonable care in its use and enjoyment of the Bank Access Area and such use shall be in conformance with this Agreement and local, state, and federal rules and regulations. City shall promptly repair and restore any damage to the Bank Access Area caused by the City Parties. 6. Indemnification. The Parties (as "Indemnifying Party") shall indemnify, hold harmless, and defend the other Party, its officers, employees, agents, and assigns (collectively "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and reasonable attorneys' fees, that are incurred by Indemnified Party (collectively "Losses"), arising out of use of the Use Areas, by the Indemnifying Party and their invitees, except for the intentional acts or gross negligence of the Indemnified Party. Notwithstanding, City is not waiving its maximum tort liability or immunities under Minn. Stat. Chapter 466. 7. Insurance. Bank shall, at all times during the Term of this Agreement, maintain with financially sound and reputable insurance companies general liability insurance in at least the minimum coverage amount of the City's maximum tort liability under Minn. Stat. §466.04. Notwithstanding the foregoing, Bank expressly agrees (i) to cause its applicable insurance policies and coverage to extend to the City Parking Area, and (ii) the Bank will provide within ten (10) days of Effective Date proof of insurance naming the City as an additional insured. City shall, at all times during the Term of this Agreement, maintain with the League of Minnesota Cities Insurance Trust or other financially sound and reputable insurance companies, general liability insurance in at least the amount of $1,500,000 per occurrence for bodily injury and property damage. Notwithstanding the foregoing, the City expressly agrees (i) to cause its applicable insurance policies and coverage to extend to the Bank Access Area, and (ii) the City will provide within ten (10) days of Effective Date proof of insurance naming the Bank as an additional insured. 23 8. Sole Risk. The Parties use of the Use Areas shall be in its "as is" condition. The Parties are under no obligation hereunder to make repairs to their respective portions of the Use Areas. The Parties shall utilize the Use Areas at their own risk. The Parties hereby waive any claim they may have against the other Party for any loss or damage to any of their property arising from any cause other than the negligence or willful misconduct of the other Party, their respective employees, consultants, agents, contractors, and invitees. 9. Snow Removal. The Parties shall be responsible for necessary snow removal for the Use Areas on their respective properties. 10. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each a "Notice") shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); or (b) when received or rejected by the addressee if sent by a nationally recognized overnight courier (receipt requested); or (c) when received or rejected by the addressee if sent by United States Postal Service via certified or registered mail (receipt requested); provided, that a Notice may be sent by e-mail where expressly permitted by this Agreement. A Notice must be sent to the respective Parties at the following addresses (or at such other address for a Party as shall be specified in a Notice given in accordance with this Section): To City: City of Mound Attn: City Manager 2415 Wilshire Blvd. Mound, MN 55364 Email: erichoverstenAcitvofmound.com With copy to: Hoff Barry, P.A. Attn: City Attorney 100 Prairie Center Drive, Ste. 200 Eden Prairie, MN 55344 Email: slandsmanAhoflbarry.com To Bank: Minnesota Lakes Bank Noah W. Wilcox, CEO 710 Babcock Blvd East P.O. Box 700 Delano, MN 55328 Email: noah.wilcoxAmnlb.bank 11. Limitation of Grant. The grants herein are of only for the uses as provided for in this Agreement and shall not be a conveyance of any property interest in the City Property or the Bank Property. Further, the grants herein are not a grant of a public dedication. 12. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof. Any changes to this Agreement must be made in writing and will not be effective until signed by both Parties. MA 13. Applicable Law. This Agreement shall be governed by and construed under the laws of the State of Minnesota and disputes arising from this Agreement shall be venued in Hennepin County, Minnesota. 14. Assignment. Neither Party may assign any of its rights hereunder without the prior written consent of the other Party. Any purported assignment in violation of this Section shall be null and void. 15. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement is intended to and does run with the land. 16. No Third -Party Beneficiaries. This Agreement is for the sole benefit of the Parties and their respective successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 17. Relationship of the Parties. Nothing herein shall be construed to create a joint venture or partnership between the Parties or an employee/employer or agency relationship. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third party. 18. Time of the Essence. Time shall be of the essence in this Agreement. 19. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 20. Recording. The Bank may record this Agreement in the Hennepin County Recorder's Office and in the Registrar of Titles in and for the County of Hennepin, Minnesota In the event this Agreement is recorded, the Bank shall promptly provide City with recording information when available. [The remainder of this page intentionally left blank; signature 26�3 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered by their duly authorized representatives as of the Effective Date. CITY OF MOUND Jason R. Holt Its: Mayor Eric Hoversten Its: City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2023, by Jason R. Holt and Eric Hoversten, the Mayor and City Manager, respectively, of the City of Mound, a Minnesota municipal corporation, on behalf of said municipal corporation. My Commission Expires: Notary Public BE MINNESOTA LAKES BANK By: Noah L. Wilcox Its: Chief Executive Officer STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2023, by Noah L. Wilcox as Chief Executive Officer of MINNESOTA LAKES BANK, a bank chartered under the laws of the State of Minnesota, on behalf of the bank. My Commission Expires: This Instrument was drafted by: Fredrikson & Byron, P.A. (JLP) 60 South Sixth Street, Suite 1500 Minneapolis, MN 55402 Notary Public 26P5 EXHIBIT A BANK PROPERTY LEGAL DESCRIPTION Lot 1, Block 1, Dakota Rail Addition, Hennepin County, Minnesota 7 / le EXHIBIT B CITY PROPERTY LEGAL DESCRIPTION Lot 1, Block 1, Mound Harbor, according to the recorded plat thereof, Hennepin County, Minnesota 2667 - —L—1 HEx m -.. .: xErix xE�ax.� xen I r �y�Sn I _Dr_ 5 ine �r an of rnouxo - 5 - lI I oxx Em uo Euc �o �oxx ��.xa COOPERATIVE MOUND xTIxax HARBOR ART—a�xEox LLc SI Sp e° �I r-- _ �� xauxoxnxemxaaxG-u EXHIBIT D BANK ACCESS AREA (see crosshatches) rr ` 10 2669 pliY OF Mel1Np ►: H KG i ain IN IUIe Iv.Rnnmvz I imn onwn Executive Summary TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director; Rita Trapp, Planning Consultant DATE: December 6, 2023 SUBJECT: Variances for construction of new/replacement home LOCATION: 2001 Arbor Lane (PID No. 13-11]-24-41-0030) APPLICANT: Julie and Grant Johnson, Suncrest Builders on behalf of property owners Kristen and Thomas Rash CASE NO: 23-15 COMPREHENSIVE PLAN: Low Density Residential ZONING: R-1A Single Family Residential, Shoreland SUMMARY The applicant is requesting variance approval to allow for the construction of a new/replacement single family home with an attached two car garage. The property is located on the end of a peninsula in a flat, low-lying area along the shore of Lake Minnetonka. The current home was constructed in 1920 and does not meet current floodplain requirements, including minimum required construction elevation. All existing structures on the property are proposed to be removed and replaced with this project. The property is provided accessto Arbor Lane by a driveway across adjacent propertiesthat is allowed through easements. There are three variances being requested for the project. The first variance being requested is to allow a Lakeshore minimum setback of 25 feet instead of 50 feet. The second variance would allow the attached garage portion to be constructed with floodproofing at an elevation less than the minimum required construction elevation of 933.0. The final variance is needed from the City's floodplain regulations as there is a 15 foot fill requirement around the structure due to some portions of the new house being inside the 931.0 floodplain elevation. PLANNING COMMISSION MEETING SUMMARY AND RECOMMENDATION The Planning Commission considered the variance request at its November 21, 2023 meeting. Neighbors were in attendance at the meeting and asked for clarification on the proposed setbacks, the proposed building height, and the potential project schedule. Neighbors also requested outreach by the property owner/contractor regarding construction timing as there is 2670 a water line that crosses the shared driveway and neighbors are concerned about congestion during the construction process. The applicant indicated that they are hoping to start construction in the winter so that they can provide a staging area in front of the home and lessen the need for contractors to park off the property. After discussion, the Planning Commission voted unanimously to recommend approval of the requested variances with the findings as suggested by Staff. The Planning Commission recommended a slight modification to the condition related to permitting by MCWD given that MCWD has not completed their evaluation. Commissioners also expressed interest in Staff continuing their outreach to the MnDNR to discuss floodplain requirements and water level resiliency. SUPPLEMENTAL INFORMATION • As recommended by the Planning Commission and to provide further clarification, Staff did reach out to the MnDNR for further clarification regarding floodplain regulations. The MnDNR confirmed that the variance for the 15 feet of fill is reasonable given the amount of grading that would be required and the potential for causing flooding issues on other properties. The MnDNR also confirmed that while driveway modifications are being proposed, Staff's determination that the driveway is generally considered an existing condition is reasonable. While a portion of the driveway will be under the required 931.0 elevation, a sufficient amount of the driveway is above this elevation and should be able to provide safe passage in case of flooding. In addition, given that this property is on a lake, rather than a river, and lake levels are actively managed by the MCWD, there are lesser concerns about flood waters rising too quickly for property egress. The City of Mound, on November 22, 2023, executed a 60-day extension for action on the variance application as provided by Minnesota statutes 15.99. With the City's extension, the new deadline for action on the application is on or around January 30, 2024. • The applicant provided the driveway easements for the property that were forwarded and discussed with the City Attorney. Applicant is responsible for determining property access provided by the private easements. REQUESTED ACTION The City Council is requested to consider the variance as part of its meeting on Tuesday, December 12, 2023. As Staff and the Planning Commission both recommend approval, a resolution of approval has been prepared for Council consideration. 2671 CITY OF MOUND RESOLUTION NO. 23- RESOLUTION APPROVING VARIANCES FOR PROPERTY AT 2001 ARBOR LANE PLANNING CASE NO. 23-15 PID NO. 13-117-24-41-0030 WHEREAS, the applicants, Julie and Grant Johnson of Suncrest Builders, on behalf of the property owners, have submitted a request for variances pursuant to City Code Section 129-40 for a new/replacement house with attached garage project at 2001 Arbor Lane, PID No. 13-117-24-41-0030; and WHEREAS, the project requires the following variances: 1. Variance to allow for reduced minimum lakeshore setbacks 2. Variance to allow the construction of an attached two car garage at an elevation less than the minimum required construction elevation 3. Variance to waive the need for 15 feet of fill to be placed around the structure due to some portions of the home being inside the 931.0 floodplain elevation ;and WHEREAS, the property is zoned R1-A Single Family Residential and is in the shoreland overlay district; and WHEREAS, the applicant submitted a complete variance application on October 4, 2023 for the proposed project; and WHEREAS, details about the project are contained in Planning Report No. 23-15 for the November 21, 2023 Planning Commission meeting, including the applicant's submitted application and supporting materials; and WHEREAS, City Code Section 129-40 (a) outlines the criteria for granting a variance which is provided below: (1) The variance proposed meets the criteria for Practical Difficulties as defined in City Code Sub. 129-2. (2) Granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district nor be materially detrimental to property within the same zone. (3) The variance requested is the minimum variance which would alleviate the practical difficulty. 2672 (4) A variance shall only be permitted when it is in harmony with the general purposes and intent of the zoning ordinance and when the terms of the variance are consistent with the comprehensive plan. Me WHEREAS, according to City Code Sec. 129-2, "Practical Difficulties" is defined as follows: Practical Difficulties, as used in conjunction with a variance, means that: (i) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (ii) The plight of the landowner is due to circumstance unique to the property including unusual lot size or shape, topography or other circumstances not created by the landowner; and (iii) The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. and WHEREAS, Staff recommended approval of the requested variances subject to conditions; and WHEREAS, the variance application was reviewed by the Planning Commission at a meeting held on November 21, 2023. After discussion, the Planning Commission voted unanimously to recommend Council approval with the conditions recommended by Staff; and WHEREAS, the City Council reviewed the requested variances at its December 12, 2023 meeting and determined that approval would allow the property to be used in a reasonable manner; and WHEREAS, the City Council's decision on the variance was made within the required timeline in Minnesota Statutes; and WHEREAS, in granting approval, the City Council hereby makes the following findings of fact: 1. The request to construct a single family home is consistent with the Comprehensive Plan's guiding of Low Density Residential. 2. The request would allow the replacement of a 100-year old single-family home and its associated accessory structures with a new structure that is more in conformance with City Code, including floodplain regulations. 2673 3. The construction of a single family home with attached garage space for vehicle and personal storage on this lot is a reasonable use. 4. The shape and size of the property, owing to its location on a low-lying peninsula shoreland lot, makes the construction of a standard single family home within the setbacks nearly impossible. 5. The new house is meeting the 25-foot shore impact zone setback and will be similar in setback to other homes on the peninsula. 6. The portion of the garage between the low floor elevation to the 933.5 elevation will be floodproofed and the new house will be constructed at a lowest floor elevation of 933.5 which is 0.5 foot higher than the Regulatory Flood Protection Elevation of 933.0. 7. The lot's elevation and the need to elevate the home, prevent the existing driveway from being completely raised higher than 931.0. As more than half of the driveway is above the 931.0 elevation and the property is on a lake, which is managed by MCWD for water levels, rapidly rising flood waters are not anticipated and there is sufficient egress through the portion of the driveway outside of the 931.0. 8. A variance for the requirement of 15 feet of fill outside all sides the structure is reasonable as it minimizes placing more fill on the property and within the floodplain. 9. The practical difficulty imposed by the shape and low-lying nature of the property and the peninsula shoreline is unique to this location. 10. The variances will not alter the essential character of the neighborhood or have an adverse impact on adjoining property as the property has been used historically for single-family residential purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound does hereby incorporate and restate the recitals set forth above and approve the variances for a new/replacement house project at 2001 Arbor Lane subject to the following conditions: 1. The attached garage portion of the new house shall meet flood proofing requirements in accordance with State Building Code, FEMA and/or MN Rules standards for a structure that is below the regulatory low floor elevation. 2. Applicant shall be responsible for payment of all costs associated with the waiver and variance requests. 3. The applicant shall be responsible for recording the resolution with Hennepin County unless the applicant requests the City record the resolution with the involved recording fee to be deducted from the submitted escrow. 4. The applicant is advised that the resolution will not be released for recording until all conditions have been met and the escrow account is in good standing. The submittal of additional escrow may be required. 5. No building permit will be issued until evidence of recording of the resolution at Hennepin County is provided. 2674 6. Applicant shall be responsible for procurement of any and/or all public agency permits including the submittal of all required information prior to building permit issuance. 7. The MCWD is the regulatory and permitting authority for Rule B (Erosion Control), Rule C (Floodplain Control), Rule D (Wetland Protection) and Rule N (Stormwater Management). 8. Grading and drainage plans for the future new home will be subject to review and approval by the Public Works Director at the time of building permit application; also involved public agencies including but not limited to, the MCWD, MnDNR, and/or FEMA, as may be required. 9. Applicant is advised that there are historic indigenous burial mounds and/or earthwork sites in and around the City of Mound. While many of the mounds have been severely impacted by development over the years, the mounds do, however, receive protection under state law; and penalties are imposed for unauthorized disturbance of mounds. The City maintains some general information about possible sites in an inventory of the "Earthwork/Mound/Burial Areas" and in surveys of the burial sites from Hill and Lewis in 1911 but the completeness or accuracy of this information is unknown. Additional information may be obtained through the Minnesota State Archaeologist. 10. Per code, eaves can encroach not more than 2 feet into setbacks. Mechanical equipment is allowed as an encroachment in side and rear yards, but not more than 2 feet into a setback. 11. The lowest finished floor elevation shall be constructed at the 933.5 elevation, with the exception of the garage portion of the house which shall be required to be flood proofed in accordance with all applicable State Building Code, FEMA and MN Rules that apply to the project. This information shall be required to be provided and certified by a professional surveyor in the form as an as built foundation survey. 12. The Building Official shall review and approve building techniques and requirements for the new/replacement house with regard to soils and the grading/filling plan for the project. Applicant shall be required to contact the Building Official to discuss the project including the need for a soils/structural report for the project and property. 13. The applicant shall provide construction staging information that is acceptable to City Staff given the driveway easement, floodplain, and small site. 2675 The variances are hereby approved for the following legally described property: Lot 1, except the Westerly 80 feet thereof, Subdivision of Lots 1 and 32, Skarp and Linquist's Ravenswood, Hennepin County, Minnesota Adopted by the City Council this 12th day of December, 2023. Jason R. Holt, Mayor Attest: City Clerk Kevin Kelly MEETING MINUTES - DRAFT SPECIAL/RESCHEDULED PLANNING COMMISSION NOVEMBER 21, 2023 Chair Goode called the meeting to order at 7:00 pm. ROLL CALL Members present: David Goode, Nick Rosener, Derek Archambault, Jason Baker, Kathy McEnaney, Drew Heal, Jake Saystrom Members absent: Jon Ciatti, Samantha Wacker Staff present: Sarah Smith, Rita Trapp and Secretary Jen Holmquist. Members of the public: John Evans-2025 Arbor Lane, Michelle Herrick-2630 Westedge, Matt Bouts-6107 Sugar Mill Lane, Grant Johnson-6250 Murray Hill Road, Excelsior, Stephen Anderson-2003 Arbor Lane, Cathy VanderSchans-2009 and 2015 Arbor Lane APPROVAL OF MEETING AGENDA MOTION by Baker to approve the agenda, as amended to include updated survey for Planning Case No. 23-15 for 2001 Arbor Lane; seconded by Saystrom. MOTION carried unanimously. REVIEW OF OCTOBER 3, 2023, REGULAR MEETING AND OCTOBER 17, 2023 SPECIAL RESCHEDULED MEETING MINUTES MOTION by Saystrom to approve the October 3, 2023 regular meeting minutes, as written; seconded by Rosener. MOTION carried unanimously. MOTION by Saystrom to approve the October 17, 2023 special rescheduled meeting minutes, as written; seconded by Rosener. MOTION carried unanimously. BOARD OF APPEALS Planning Case No. 23-15 - Review/recommendation —Variance Application for new/replacement house with attached garage at 2001 Arbor Lane Applicants: Julie and Grant Johnson-Suncrest Builders for Kristin and Thomas Rash (owners) Trapp outlined that the case is a variance request for a replacement home at 2001 Arbor Lane. The property is located at the end of a peninsula that extends into Lake Minnetonka. There is currently a single-family home and detached garage on the property that were constructed in 1920. The current structure does not meet current floodplain requirements. There are some 2677 Planning Commission Minutes - Draft existing non -conforming structures that will be demolished. The applicants will construct a new single-family home with an attached garage. Driveway access is through two adjoining properties which have an easement for the driveway. There are three variance requests. First is to allow the lakeshore setback to be reduced from 50 to 25 feet. Second would be to allow the construction of the attached garage portion of the home to be under the required minimum construction elevation of 933.0 feet. Third is to eliminate the need for 15 feet of fill to be placed where the lot is being graded from 931 feet to the required minimum construction elevation. This is a technical floodplain discussion. Trapp mentions there was a meeting with the applicant, the City, the DNR and Minnehaha Creek Watershed District (MCWD). Staff has reached out to the DNR for clarification and some questions are still pending a response/answer. Trapp showed a graphic of the proposed home. The comp plan guides this property as low density residential. It is zoned single family R1-A and it is a lot of record. As a lot of record there is a little bit of relief regarding setbacks and hardcover. Most of the lot is subject to the lake shore setback of 50 feet. The request seeks a variance of 25 feet. Maintaining a 50-foot setback would leave very little buildable area because the property is surrounded by water on three sides. The highest elevation on the property is 931.5. Zoning regulations for the City of Mound require all structures on Lake Minnetonka to be constructed two feet above the minimum elevation. The low floor on all structures is required to be built at a minimum construction elevation of 933.0. Trapp pointed out in the graphic that the garage is shown to be a little lower than the house. The floodplain regulations that the City of Mound has are required to be adopted through FEMA. Those regulations allow for certain structures to be built under that minimum elevation as long as the structures are floodproofed in a certain manner. The applicants are seeking a variance to build the garage at a lower elevation with the understanding they will have to floodproof. There are different construction techniques that can be used. Trapp noted that MCWD has a different rule relative to elevation. Staff received a comment from MCWD as the packet was being prepared that the applicant will need to get a variance from MCWD as well. Staff has included this as a potential condition of the variance . The requirements of Mound and MCWD are slightly different but both variances will need to be granted. Trapp outlined the 931 elevation on a graphic. She noted the spots that are not at least 931 will need to use fill to raise the property. FEMA floodplain regulations say if you use fill you need to extend out 15 feet on all sides at an elevation not less than 932. Filling will require compensation so there is no net loss in floodplain storage. A variance is being requested to eliminate the requirement of the 15-feet of fill as it would require a lot of grading and likely would require floodplain compensation. Initial discussions with the DNR indicate that this is something that can be done with city approval. O Planning Commission Minutes - Draft The property is on a peninsula and in order to continue using the property for a single-family home these variances will need to be granted. Trapp outlined the actions the commissioners can take and she stood for question. Rosener asked how the elevations make the lot unbuildable. Smith clarified if he was asking about the 933.5 vs. 931.5, She explained the lower spots will need to be flood proofed. This property received a similar variance for the existing detached garage. Livable space was to be raised to meet the city's regulatory flood protection. This project will be higher and above what the city requires because of the watershed rules. If the city's requirement for four sides of 15- feet of fill is waived, it seems reasonable to have the higher -level protection for the house portion. In regards to the fill, the old ordinance only required that on one side. The new 2016 floodplain regulations include the 15 feet extending out on all four sides, not less than one foot above regulatory flood, which would be an elevation of 932. If the site is outside of the 100-year flood, you don't have to do the fill. The position of the corner of the house and the porch trigger that. As for the setbacks, the closest point of the replacement structure is a minimum of 25 feet that is the shore impact zone. The DNR wants new structures to be at or beyond that 25 feet. The closest point of the current detached structure to the closest point of the 929 is slightly under 20 feet and the back is about 24 feet so those conditions will be improved. Rosener asks if the fill requirements are necessary? Smith believes the reason they want to keep the garage portion lower is because the existing road/driveway that accesses the property will need to be maintained. Raising the entire driveway would create difficulty and would require more fill. Trapp reiterates because the floodproofing is an option under the code this can be contemplated, but for only non -livable structures. Archambault wondered if Trapp was saying this is an option in city code. Trapp confirms. Smith said the water proofing is in the state shoreland regulations. The state floodplain manager said the city has the option to grant the elevation variance for the attached garage portion of the new house as long as it is floodproofed. The existing detached garage will be replaced by the new structure, with the new floodproofed attached garage portion being situated generally where the detached garage sits now. Saystrom asked what are the implications of not having the fill. He wondered the reasoning it is in the code. Trapp said it provides extra protection because it lifts the elevation outside of the structure, rather than having it at just at the point where the construction takes place. Staff is comfortable with this request because the property is being filled higher than what is required by 6 inches. Saystrom asked how the driveway will be reconciled with the setback requirements? He pointed out a regular driveway can be setback one foot off the property line and he wonders if it's different for this one because it runs 2-3 feet along the shore line. Smith said there is a driveway there now. In 2015 there was no recognition of a variance for the new driveway. 2679 Planning Commission Minutes - Draft Baker had the same question because you can't put a concrete patio next to the lake so didn't know if this driveway is allowed. Trapp said they need to have a driveway. Without it there would be no access to this property. McEnaney asked if there was a visual showing the existing vs. proposed driveway. Trapp brought up a graphic and pointed out how it will be different. Smith stated that during the meeting with the DNR and MCWD the driveway was not mentioned. This condition exists. It's a driveway, not a structure. Baker asked for clarification on the fill. He asked if you put 6 inches of fill in, making the elevation 6 inches higher, do you have to add 6 inches 15 feet in all directions? Smith replied on all sides you will have fill not less than one foot below the RFPE of 932 in Mound code. In addition, Smith noted that all of the fill in the 931.5, which is the MCWD rule, has to be compensated to include raising the building pad and accommodating any fill. That volume of fill would be removed in the same amount in a different spot on the property. The city always tries to do compensation where it makes the most sense. If this property is being raised to accommodate a new structure and fill, it would make sense that you want to do the compensation on the property because otherwise it gets raised up and you lose that floodplain compensation. This is a watershed rule. For every teaspoon you fill, you take out a teaspoon. Baker asked to see the graphic that showed blue circles over the portions of the property that need fill. He asked if 15 feet of fill is required around the blue circles on the graphic. Smith confirmed because those portions of the proposed house will be in the 931. If the structure was redesigned and it comes out of the 931.0 elevation, that floodplain fill requirement, around the 15-foot fill, rule is not triggered. Goode asked for clarification. Smith stated if the house is outside the 931.0 elevation, in its entirety, the 15-feet of fill requirement is not triggered. The portions in blue circles are in the 100-year floodplain. Rosener asked staff what recommendation is being sought. Trapp said they have to meet the elevation requirement, except for the garage as long as it is flood proofed. Then the fill would not have to happen because there is extra height gained giving the house more protection. Baker said they will still have to add fill in the blue circles on the graphic. Trapp confirmed. Baker asked, if you raise the building pad up 6 inches, do you have to raise everything within 15 feet the same 6 inches. Smith said it has to be raised up. They can fill without compensation, for the city, if it's outside the 100 year floodplain. For FEMA it's 931.0. Smith pointed out the lowest floor, basement or crawl space, must be at 933.0 RFPE elevation for zoning. The whole lot is in the 100 year floodplain of the watershed district. The city code does not require compensation, that is the watershed rule. The city's floodplain ordinance requires that any portion of the house is in the floodplain triggers the 15 feet of fill requirement. The highest elevation on the subject property is 931.5. They have to fill and have to follow the fill requirement set forth by the watershed. Planning Commission Minutes - Draft Archambault wonders why the requirement for fill is being removed. He presumes the requirement to fill a 15-foot radius has to do with stability of the structure being built. The request is not to reduce the radius, but this request is eliminating the requirement altogether. It seems to him there should still be some requirement. Smith said this is not a common request. During the meeting with DNR and MCWD they talked about if it's a zoning variance and/or is it a floodplain variance and if it's a floodplain variance you would need a variance for the fill. A detailed plan review identified that the portions in the blue circle were under the 931 so that rule was triggered. Staff reached back to the floodplain manager to make her aware of that. Smith is aware the city has done it on a case or two. When you have a shallow lot, you have to build it higher and add more fill to the floodplain. It's trying to find balance between the different agency rules. Rosener said he is not seeing the down side to building it high and adding fill to the floodplain. Smith said adding 15 feet around the structure, as well as lifting the building pad, adds a larger volume of fill that would have to be compensated then if they just raise the building pad. Baker asked if the compensation can take place elsewhere in the city or in the watershed if it can't be done on the subject property? Smith said when you do floodplain fill, there can be no net decrease in floodplain compensation for the MCWD. Trapp added further clarification. If you think about flooding, the water needs to go somewhere. If you put more fill on your property, the water is going to go to your neighbor's property. She stated if you fill on your property, you should dig out your property more so the neighbor lot doesn't take on the water. You are maintaining the amount of water capacity on your property. The rule is trying to make sure that you're not changing the net result of how much flooding this property can accommodate. Saystrom said there is a threshold elevation where you no longer have to preserve floodplain volume. Trapp confirmed. Baker asked whether the applicant will still need to go to MCWD if the variance is approved that eliminates the 15-foot requirement and they still have to raise what is in the blue circle. Trapp said this applicant will have to get a variance from MCWD no matter what. Rosener asked for conformation that it's not required for structural stability. Trapp said the reason the rule is there is to provide structural support. The discussion is around if it's needed or if it can be addressed in a different way by making the whole structure a little higher. If there's flooding, it must be protected. Trapp said the discussion for environmental requirements is a good one to have because the other agency requirements need to be met. McEnaney asked when the DNR and MCWD will comment. Trapp said they've seen the application. Staff will follow up with the DNR. The DNR typically provides feedback and comments, it does not approve or deny a project. Smith thought the watershed indicated they would accept an application once planning commission makes a favorable recommendation. The applicant can begin that process if there is a recommendation. r.: Planning Commission Minutes - Draft Baker asked if the other houses are about 25 feet from the lake. Smith said that appears to be so. Baker points out that if this is approved, the house won't appear to be closer to the lake than the neighboring homes. Heal asked if any other variances are needed if they wanted to build something like a fireplace by the lake. Trapp said nothing is allowed closer than the 25 feet. There is space between the house and the 25-foot setback that could be buildable. Heal asked if there are any issues with hardcover. Trapp stated this is a lot of record, which can have up to 40% hardcover. Baker asked about the Indigenous Mound language in staff recommendations. Trapp said that is standard language that is typically in the project memo for all permits. This is not a specific concern for this property. Grant Johnson 6250 Murray Hill Road in Excelsior —The project is a technical shoe horn. The discussion began with trying to use the existing structures. It became clear that would not work. When the structures are removed, the soils will be engineered. They made the trade offs that they could. The proposed house is smaller than what the owners wanted. They had to work within the areas that will be buildable. This will be a raised slab. The foundation will go into the frost protection. There may be helical piers involved for structural reasons. They will know more when the soil work is done. If the garage were raised, that would affect the driveway. He described that floodproofing will be achieved by pouring the foundation at the same elevation as the house. The walls would start at 933.5. Relative to the fill, he had the surveyors do a calculation that showed what amount of the lot is at 931 or above. Johnson passed the document to the commissioners. This shows how many square feet are currently above the floodplain. Then he asked the surveyor to make the same calculations with the proposed new house. The new calculation will decrease the amount of the floodplain impact by about 400 square feet. This will improve floodplain capacity. Johnson noted a question in the planning report that discussed parking during the build. They will put in large rock, making a temporary drive for vehicles so they won't be on the easement driveway or on public streets. The vehicles will be parked in the yard of the subject property as it will be frozen. Baker asked about the graphic Johnson shared. Johnson pointed out the 931 line follows the building. The new building will be higher. Archambault clarified they are reducing grade around the home, which gives them the lesser square feet. Johnson confirmed. Goode asked if there were any questions for the applicant. Hearing none he asked if anyone in the audience had questions. Cathy VanderShans, 2009 and 2015 Arbor Lane- She pointed out the driveway crosses three properties. She points out there has been a lot of construction on Arbor Lane. VanderShans said the height of the building has not been discussed. She assumes it is 35 feet, plus the 2 feet. Planning Commission Minutes - Draft Smith explained building height calculation, per the zoning ordinance, for the lake lot which has 3 sides, would be measured from the lakesides of the foundation to the midpoint to the highest gable roof. Smith asked if Johnson had an approximate calculation. He did not have that calculation but thought possibly 19 feet at the 2"1 floor ceiling. Her concern is the house will be really tall and it won't match the neighborhood. Smith said the preliminary evaluation is that this proposed house will meet the code for building height. VanderShans said she is concerned that visually, the finished product won't match. She also wants to know if the new house will flood out the neighborhood more so than it already does. Smith described how the structure will come up. The current garage is very close to the property line. The new structure will be pulled away to 9 feet so this is an improvement. Saystrom notes that the elevations of surrounding properties seem to drain northwest/southeast. He isn't the authority but he doesn't think it will direct water towards other lots. Saystrom said he can only see two lots that the driveway easement crosses. She pointed out on a graphic which three lots she is talking about. Rosener asked what her request is. VanderShans would like the commission to think about if the houses that are being proposed fit into the neighborhood. Goode offers she is asking the commissioners to consider architectural compatibility. VanderShans confirmed, as well as appropriateness for the lot size. VanderShans stated the drive is private and she wants to know how it will be replaced. Smith replied that is private matter between the properties in the easement. VanderShans asked when the project will be complete. Trapp didn't have that information but the applicant can come back and answer her question along with any others that may be brought up. Steven Anderson, 2003 Arbor — It was discussed that it might start in the winter. He doesn't understand how that will work. The shared driveway is his concern. Jack Evans, 2025 Arbor Lane — Whatever is done to this property is going to be a huge improvement. He has met the new neighbors and they are grand. He thinks they will be good neighbors. He is in favor of the project. Developer Grant Johnson returned to describe the timing of the project, the shared driveway and construction staging. There will be a temporary driveway into the lot further in the property where the front of the house will be. The winter build, with the frozen ground and the temporary drive will make it a better time to build and stage vehicles. As much parking as possible will be in front of the house, on the subject property. O Planning Commission Minutes - Draft Steven Anderson stated there are water pipes that run under the brick driveway. He worries a concrete truck will damage the water lines. Johnson said there are gate valves near the cul-de- sac. Johnson said they'll reuse the existing water line and sleeve the existing sewer line. If they don't re -use the line, they would have to dig up 8 feet at the manhole. The buried lines should not be close enough to the surface that driving over them would affect them. The driveway should be frozen by the time construction starts. He doesn't know if they'll even start until January since they need Planning Commission and City Council consideration and he is not sure how long the MCWD variance process will take. Goode asked the developer to meet with the neighborhood resident. Johnson confirmed he would. Johnson said the timing from ground breaking to move in is about 6 months. Anderson thought it would be nice to have a more precise timeline. Johnson said once they receive approvals and a permit they will notify the neighbors of the anticipated timeline. Goode asked for commission comments. Rosener said he hopes they can balance cost and resilience to water levels. He wonders if a finding of fact should be added to describe the exceptions. Archambault wasn't sure exceptions were being made, we are requiring them to adhere to the rules in place regarding fill and compensation. Baker asked about MCWD variance. He noted #6 states they need approval from MCWD prior to this variance. Smith suggested removing the last sentence of #6. If the watershed gives them a reduction in compensation, that is the variance. Trapp stated the MCWD variance will need to be received before the project can proceed. MOTION by Archambault to recommend City Council approval of the proposed variance requests, including conditions and findings of fact, to include the changes discussed; seconded by Baker. MOTION carried unanimously. Heal is in support of this. He believes it will improve the look and feel of the city. LEGAL DESCRIPTION: Lot 1, except the Westerly 80 feet thereof, Subdivision of Lots 1 and 32, Skarp and Lindquist's Ravenswood, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 7. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 8. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. �f��/��0 STANDARD SYMBOLS & CONVENTIONS: Y' " • Denotes iron survey marker, found. GRADING & EROSION CONTROL NOTES: BEFORE DEMOLITION AND GRADING BEGIN • Install silt fence/bio roll around the perimeter of the construction area. • Sediment control measures must remain in place until final stabilization has been established and then shall be removed. Sediment controls may be removed to accommodate short tern construction activity but must be replaced before the next rain. • A temporary rock construction entrance shall be established at each access point to the site and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric. The entrance shall be maintained during construction by top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or alleys. Potential entrances that are not so protected shall be closed by fencing to prevent unprotected exit from the site. • Inlet protection for all storm sewer inlets downstream of the site within one block or as directed by the City. Inlet protection shall also be provided on all proposed storm sewer inlets immediately following construction of the inlet. Inlet protection must be installed in a manner that will not impound water for extended periods of time or in a manner that presents a hazard to vehicular or pedestrian traffic. DURING CONSTRUCTION: • Soil compaction shall be minimized; areas of compacted soil will be removed or loosened via tilling to a depth of no less than 6-inches. • When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of sediment laden runoff and if the piles or other disturbed areas are to remain in place for more than 14 days, they shall be seeded with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. • A dumpster shall be placed on the site for prompt disposal of construction debris. These dumpsters shall be serviced regularly to prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordance with Minnesota Pollution Control Agency requirements. • Site shall be kept clean at all times and refuse properly controlled. • A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed of in accordance with MPCA requirements. • No concrete washout shall occur on site unless it is done with an approved Minnesota Pollution Control Agency (MPCA) device or standard. • The contractor shall inspect on a weekly basis and after any rainfall greater than 1" all erosion control devices and make any repairs immediately. An inspection log shall be kept on site detailing these inspections and repairs preformed. • The street will be swept clean before the end of each day of active construction, when sediment is tracked into the street. • If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the site in the rock entrance areas • Moisture shall be applied to disturbed areas to control dust as needed. • Portable toilet facilities shall be placed on site for use by workers and shall be properly maintained. • Temporary pumping shall not be permitted without the use of an approved Minnesota Pollution Control Agency (MPCA) device or standard. • All exposed soil areas will be stabilized as soon as practical. Unworked soils that remain exposed and not in use for longer than 14 days will be covered with temporary seed (grass, oats, or wheat) • Temporary erosion control shall be installed no later than 14 days after the site is first disturbed and shall consist of broadcast seeding with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. • Areas with slopes greater than 3 to 1 and areas next to wetlands/waterbodies graded or exposed during construction shall be protected with temporary vegetation, mulching or other means as soon as practical. • Erosion control measures shown on the erosion control plan are the absolute minimum. The contractor shall install temporary earth dikes, sediment traps or basins and additional silt fencing as deemed necessary to control erosion. SITE WORK COMPLETION: • When final grading has been completed but before placement of seed or sod an "as built" survey shall be done per City of Mound requirements to insure that grading was properly done. • When any remedial grading has been completed, sod or seeding shall be completed including any erosion control blankets for steep areas. • When turf is established, silt fence and inlet protection and other erosion control devices shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean. • Contractor shall maintain positive drainage of a minimum 2% slope away from proposed building. IRxe9Xi91i EXISANG CM70UR — — — 930 — — — EXISANG SPOT ELEVAAAN X 930.5 PROPOSED CONTOUR 930 PROPOSED SPOT ELEVAAON 990.5—' DRAINAGE ARROW —FLOW SILT FENCE O RO11 SF DATE REVISION DESCRIPTION 10-31-23 MOVED HOME TO 9' SETBACK 11-21-23 ADDED CANTILEVER DECK SETBACKS EXISTING HARDCOVER HOUSE 885 SQ. FT. GARAGE 540 SQ. FT. PAVER DRIVEWAY 336 SQ. FT. BOARDWALK 79 SQ. FT. DECK 128 SQ. FT. WOOD STEPS 18 SQ. FT. CONCRETE WALKS 243 SQ. FT. TOTAL EXISTING HARDCOVER 2,229 SQ. FT. AREA OF LOT 9,349 SQ. FT. LOT COVERAGE 23.8% NOTES: HOUSE AND GARAGE AREA INCLUDED BAY WINDOW AND CANTILEVERS. AREA OF LOT IS TO MEASURED OHW LINE. PROPOSED HARDCOVER HOUSE (INCL. CANTILEVER) 1,992 SQ. FT. DRIVEWAY 793 SQ. FT. FRONT WALK 60 SQ. FT. FRONT PORCH 156 SQ. FT. DECK (EAST CANTILEVER) 27 SQ. FT. TOTAL PROPOSED HARDCOVER 3,028 SQ. FT. AREA OF LOT 9,349 SQ. FT. LOT COVERAGE 32.30-6 NOTES: AREA OF LOT IS TO MEASURED OHW LINE. DRAWING ORIENTATION & SCALE N 1 INCH = 10 FEET 0 10, 20' CLIENT/JOB ADDRESS INSTALL SILT FENCE--r-O.H.W, LINE *�A (929.4) S '30- I O /�93 N IN S Ica I„ � ` cT 1 INSTALL SILT FENCE - - �/ `\ Igo ► ' I 1 v- /, MI.5 C> INSTALL SILT FENCE I. o --gal. 0 i ILP � VOn w 5 GPI 6p G'`` / Gay / • . PROPOSED 3 Q00 o'DWELLING o� 9 �� `'° `lV\F�O INSTALL SIL T FENCE - PROPOSED ELEVATIONS FIRST FLOOR (SLAB) = 933.50 TOP OF FOUNDATION = 933.50 GARAGE FLOOR = 931.50 SUNCREST BUILDERS 2001 ARBOR LANE MOUND, MN tX s v2`� GP I,p a� II'o 0-fr V I \> 931.5� O <<,ti6, % DRI�WAY, i i 991.4t _J i i i i i i INSTALL ROCK CONSTRUCTION - - ENTRANCE PER NOTES Advance Surveying & Engineering, Co. 17917 Highway No. 7 Minnetonka, Minnesota 55345 Phone (952) 474-7964 Web: vwvw.advsur.com I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE 0 INNESOTA. ",-t L4 Wayne W. Pre s #43503 LICENSE NO. OCTOBER 2, 2023 DATE o9�i II RAy RRjsO S' gA 5, / / - - - NEW OHW (929.4) L OCA TION 9� y - - - FILL EXISTING INLET --INSTALL SILT FENCE FLOODPLA/N AREA TOTAL EXISANG AREA (ABOVE 931.5 ELEVA77aV) = Z542 SQUARE FEET PROPOSED AREA (ABOVE 931.5 G"A77OV) = Z 147 SODUARE FEET SURVEYED DATE: SHEET TITLE SHEET NO. PROPOSED SUR VEY JUNE 8, 2023 SHEET SIZE: 22 X 34 DRAFTED DATE: DRAWING NUMBER S1 OCTOBER 2, 2023 231347 JR SHEET 1 OF 1 1 rAL cinoFmoomn ©n PLANNING REPORT TO: Planning Commission FROM: Rita Trapp and Natalie Strait, Consulting Planners Sarah Smith, Community Development Director DATE: November 17, 2023 PLANNING CASE: 23-15 SUBJECT: Variance APPLICANT: Julie and Grant Johnson, Suncrest Builders on behalf of property owners Kristen and Thomas Rash LOCATION: 2001 Arbor Lane PID NUMBER: 13-117-24-41-0030 MEETING DATE: November 21, 2023 COMPREHENSIVE PLAN: Low Density Residential ZONING: Rl-A Single Family Residential, Shoreland The applicant is requesting variance approval to allow for the construction of a new/replacement single family home with an attached two car garage. The property is located on the end of a peninsula in a flat, low-lying area along the shore of Lake Minnetonka. Variances are being requested to allow reduced minimum setbacks and to allow the attached garage portion to be constructed at an elevation lessthan the minimum required construction elevation of 933.0 for a new structure on Lake Minnetonka. A variance from the Cites floodplain regulations requiring a 15 foot fill requirement around the structure is needed as some portions of the new house are inside the 931.0 floodplain elevation including a corner of the front porch and the back corner of the house by the side property line. Existing nonconforming structures on the property are planned to be demolished/removed. The property, which is located off of Arbor Lane, is provided access to the street by driveway access across two adjacent properties by easements. REVIEW PROCEDURE 60-Day Land Use Application Review Process Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. Within the 60-day period, an automatic 2001 Arbor Lane Variance — PC Report — November 17, 2023 extension of no more than 60 days can be obtained by providing the applicant written notice containing the reason for the extension and specifying how much additional time is needed. For the purpose of Minnesota Statutes Section 15.99, "Day 1" is determined to be October 4, 2023 as provided by Minnesota Statutes Section 645.15. The 60-day timeline expires on or around December 1, 2023. The review period can be extended by the City for an additional 60-days if needed. Applicants and owners are advised that the City of Mound will be executing an extension for 60 additional days as described above. Variance City Code Section 129-39 (a) states that a variance may be granted to provide relief to a landowner where the application of the City Code imposes practical difficulty for the property owner. In evaluating the variance, the City Council must consider whether: (1) The variance proposed meets the criteria for Practical Difficulties as defined in City Code Sub. 129-2. (2) Granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district nor be materially detrimental to property within the same zone. (3) The variance requested is the minimum variance which would alleviate the practical difficulty. (4) A variance shall only be permitted when it is in harmony with the general purposes and intent of the zoning ordinance and when the terms of the variance are consistent with the comprehensive plan. According to City Code Sec. 129-2, 'Practical Difficulties" is defined as follows: Practical Difficulties, as used in conjunction with a variance, means that: (i) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (ii) The plight of the landowner is due to circumstance unique to the property including unusual lot size or shape, topography or other circumstances not created by the landowner: and (iii) The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Page 2 2687 2001 Arbor Lane Variance — PC Report — November 17, 2023 NOTIFICATION Neighboring property owners of the subject site, per Hennepin County tax records, were mailed an informational letter on November 16, 2023 to inform them of the Planning Commission's review of the variance application at its November 21, 2023 meeting. STAFF / CONSULTANT / AGENCY / UTILITIES REVIEW Copies of the request and supporting materials were forwarded to involved departments, consultants, agencies and private utilities for review and comment. Comments received are provided below: Minnehaha Creek Watershed District - Maria Friedges My apologies for sending this on the very last day,- I wasn't sure if other MCWD had already reached out. If they have, please disregard this email. MCWD's concerns with the variance application would be the construction elevation of the proposed home and garage and the low floor opening elevations. MCWD would likely require an Erosion Control permit for the demolition and construction of the primary residential structure on this property. Depending on the scope of work, other MCWD rules may apply. Lake Minnetonka has a 100-year high water elevation (floodplain) of 931.5. Any disturbance or land activity at or below this elevation would require a Floodplain Alteration permit from MCWD and cut/fill calculations would need to be provided and reviewed by the District Engineer. The applicant would be required to follow the criteria and submit the required exhibits per the MCWD Floodplain Alteration rule. In addition, Section 3(f) of the Floodplain Alteration rule states that all new residential, commercial, industrial, and institutional structures shall be constructed such that all door and window openings are at a minimum of two feet above the 100-year high water elevation. Not meeting this criterion of the rule would require a variance and thus, require the permit to go before the MCWD Board of Managers. DISCUSSION 1. The property is located at the end of a peninsula that protrudes into Lake Minnetonka. There is currently a single family home and detached garage on the property. The current home was constructed in 1920 and does not meet current floodplain requirements, including minimum required construction elevation. Construction on the existing detached garage was started without a building permit by a former owner and received variance approval in 2015 to allow for the existing detached garage to have reduced setbacks and a construction elevation of less than 933.0 subject to conditions including flood proofing. All existing structures are being proposed to be removed and replaced through this project. Page 3 2688 2001 Arbor Lane Variance — PC Report — November 17, 2023 2. The 2040 Comprehensive Plan guides this area for Low Density Residential, which allows for single-family detached and attached housing types. The applicant's request to construct a single family home is consistent with the Comprehensive Plan. 3. The parcel is zoned R-1A Single Family Residential and is considered a lot of record. Most of the lot is subject to the lakeshore setback of 50 feet. The applicant is requesting a lakeshore variance of 25 feet from the 929.4 ordinary high water mark of Lake Minnetonka for the new structure. There is only one portion of the parcel that abuts a neighboring property and it is on the southwest. This has been determined to be a side yard and subject to a setback of 6 feet because it is an existing lot of record with a garage. The applicant is proposing the new home and attached garage to be located 9 feet from this property line. The new house is in the general vicinity of the current structures. 4. The allowable hardcover for an existing lot of record is 40%. The applicants are proposing maximum lot coverage of 31.9%. 5. The maximum building height for the R-1A district is thirty-five feet. Building height for pitched roofs for this lot will be measured from the average grade of the building lines on the lake sides (non -street) to the mid -point of the highest peak. 6. As noted previously, this parcel is low lying and relatively flat. The highest elevation shown on the survey of the property is 931.5. The City's zoning regulations require all structures on Lake Minnetonka to be constructed at a minimum construction elevation of 933.0. The applicant is requesting a zoning variance to allow the elevation for the attached garage portion (only) of the house to be constructed below the minimum required construction elevation for new structures on Lake Minnetonka. The applicant states that the garage will be flood proofed in order to mitigate the potential flood concerns with the proposed project. In order to elevate the house as required, the applicant will be doing grading/filling on the property. This includes needing to fill portions within the 931.0 FEMA floodplain in the area near the front porch and also in the back corner of the house in the vicinity of the lot line. Floodplain regulations require that fill for structures in the floodplain be extended out 15 feet on all sides at an elevation not less than 932.0. Members are advised any filling activity within the 931.5 100 year floodplain for the MCWD requires compensation so there is a no -net loss in floodplain storage. Given the nature of the site, a variance to this requirement is reasonable so the amount of fill for the property and project does not have to be as extensive. Staff will walk through this further at the meeting. Page 4 2689 2001 Arbor Lane Variance — PC Report — November 17, 2023 7. Members are advised that a teleconference about a proposed house replacement project was held prior to application submittal, which included the applicants, the MCWD, the MnDNR and Mound Staff to discuss the proposed project with a particular focus on the floodplain requirements including, but not limited to, the proposed construction of the garage at a lower elevation and required floodproofing and setbacks. Members are advised that the MCWD, the MnDNR Hydrologist, and MnDNR Floodplain Manager were provided copies of the application materials and notified of the Planning Commission's review of the application at its November 21' meeting. 8. Staff is recommending that a condition be included that requires the applicant to provide additional information about how the proposed project will be constructed, including equipment and project staging, due to the small site, floodplain, and driveway easement. STAFF RECOMMENDATION Staff recommends Planning Commission recommend approval of the variances subject to the following conditions: 1. The attached garage portion of the new house shall meet flood proofing requirements in accordance with State Building Code, FEMA and/or MN Rules standards for a structure that is below the regulatory low floor elevation. 2. Applicant shall be responsible for payment of all costs associated with the waiver and variance requests. 3. The applicant shall be responsible for recording the resolution with Hennepin County. The applicant is advised that the resolution will not be released for recording until all conditions have been met and all fees for the waiver application have been paid and the escrow account is in good standing. The submittal of additional escrow may be required. 4. No building permit will be issued until evidence of recording of the resolution at Hennepin County is provided. 5. Applicant shall be responsible for procurement of any and/or all public agency permits including the submittal of all required information prior to building permit issuance. 6. The MCWD is the regulatory and permitting authority for Rule B (Erosion Control), Rule C (Floodplain Control), Rule D (Wetland Protection) and Rule N (Stormwater Management); also Shoreline Alteration (i.e. rip rap, etc.). Any filling activity within the 931.5 MCWD floodplain requires compensation so there is a no -net loss in floodplain storage. Page 5 2690 2001 Arbor Lane Variance — PC Report — November 17, 2023 7. Grading and drainage plans for the future new home will be subject to review and approval by the Public Works Director at the time of building permit application; also involved public agencies including but not limited to, the MCWD, MnDNR, and/or FEMA, as may be required. 8. Applicant is advised that there are historic indigenous burial mounds and/or earthwork sites in and around the City of Mound. While many of the mounds have been severely impacted by development over the years, the mounds do, however, receive protection under state law; and penalties are imposed for unauthorized disturbance of mounds. The City maintains some general information about possible sites in an inventory of the "Earthwork/Mound/Burial Areas" and in surveys of the burial sites from Hill and Lewis in 1911 but the completeness or accuracy of this information is unknown. Additional information may be obtained through the Minnesota State Archaeologist. 9. Per code, eaves can encroach not more than 2 feet into setbacks. Mechanical equipment is allowed as an encroachment in side and rear yards, but not more than 2 feet into a setback. 10. The lowest finished floor elevation shall be constructed at the 933.5 elevation, with the exception of the garage portion of the house which shall be required to be flood proofed in accordance with all applicable State Building Code, FEMA and MN Rules that apply to the project. This information shall be required to be provided and certified by a professional surveyor in the form as an as built foundation survey. 11. The Building Official shall review and approve building techniques and requirements for the new/replacement house with regard to soils and the grading/filling plan for the project. Applicant shall be required to contact the Building Official to discuss the project including the need for a soils/structural report for the project and property. 12. The applicant shall submit sufficient documentation showing the driveway easement is in place for construction and access purposes to the site. 13. The applicant shall provide construction staging information that is acceptable to City Staff given the driveway easement, floodplain, and small site. 14. Additional comments and/or conditions from the City Council, Staff, consultants, and public agencies. Page 6 2691 2001 Arbor Lane Variance — PC Report — November 17, 2023 Staff recommends Planning Commission recommend approval of variances based on the following findings of fact: 1. The request to construct a single family home is consistent with the Comprehensive Plan's guiding of Low Density Residential. 2. The request would allow the replacement of a 100-year old single-family home and its associated accessory structures with a new structure that is more in conformance with City Code, including floodplain regulations. 3. The shape and size of the property, owing to its location on a low-lying peninsula shoreland lot, makes the construction of a standard single family home within the setbacks nearly impossible. The portion of the garage between the low floor elevation to the 933.5 elevation will be flood proofed and the new house will be constructed at an lowest floor elevation of 933.5 which is 0.5 foot higher than the Regulatory Flood Protection Elevation of 933.0. A variance for the requirement of 15 feet of fill outside all sides the structure is reasonable as it minimizes placing more fill on the property and within the floodplain. 4. The new house is meeting the 25-foot shore impact zone setback. 5. The construction of a single family home with attached garage space for vehicle and personal storage on this lot is a reasonable use. 6. The practical difficulty imposed by the shape and low-lying nature of the property and the peninsula shoreline is unique to this location. 7. The variances will not alter the essential character of the neighborhood or have an adverse impact on adjoining property as the property has been used historically for single-family residential purposes. CITY COUNCIL REVIEW It a recommendation is received at the Tuesday, November 21, 2023 Planning Commission meeting, the tentative date for City Council consideration of the application at its Tuesday, December 12, 2023. Page 7 2692 Authentisign ID: 64SE20E6-5461-EE11-9937-5045BDD47265 op, '*) I, CITY o� 2415 Wilshire Boulevard, Mound, MN 55364 Phone 952-472-0600 FAX 952-472-0620 VARIANCE APPLICATION Application Fee and Escrow Deposit required at time of application. Planning Commission Date City Council Date Please irvPe or Print lle SUBJECT I Address 2001 Arbor Lane PROPERTY LEGAL DESC. 1 Subdivision Subd Skarp Lindquist Raven -Lot 1 & 32 PID # 13-117-24-41-0030 Case No. Block Zoning: RI R1A R2 R3 Bi B2 B3 (Circle one) PROPERTY I Name Kristen and Thomas Rash Email Kristen_kvanbeck@yahoo.com OWNER Address 289 Wolf Pointe Trail, Long Lake, MN 55356 Phone Home 612-214-2295 Work Fax APPLICANT I Name Julie Johnson Email julie.johnson@suncrestbuilders.com (IF OTHER THAN Address 6250 Murray Hill Rd., Excelsior, MN 55331 OWNER) I phone Home612-280-0891 Work Fax 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? Yes (? ) No (X ). If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Prior owners may have had other zoning procedures or variances, but none for the current owner. 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): Demolition of all existing strucutures and construction of a new single family home with attached 2-car garage. f Variance Information (3/9/2023) Page 4 of 6 2693 Aulhentisign ID: 648E20E6-5461-EE11-9937-6045BDD47266 Case No. 3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No (X ). If no, specify each non -conforming use (describe reason for variance request, i.e. setback, lot area, etc.): All existing structures are to be removed, but variance amounts below are for the proposed structure. SETBACKS: REQUIRED REQUESTED VARIANCE (or existing) Front Yard: (NSEW) ft. ft. Side Yard: (NSEW) ft. _ft. ft. Side Yard: (NSEW) ft. ft. ft. Rear Yard: (NSEW) ft. ft. ft. Lakeside: (NSEW) 50 ft. 25 ft. 25 ft. Lowest floor: (NSEW) 933 ft, 931.5 ft. 1.5 ft. Street Frontage: ft. ft. ft. Lot Size: sq ft sq ft sq ft Hardcover: sq ft sq ft sq ft 4. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ( ), No (X). If no, specify each non -conforming use: Current strucutres are non -conforming but are all to be removed. New structure will require variances for setbacks and garage floor elevation below allowed lowest floor elevation. 5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage ( ) existing situation ( ) too shallow ()4 shape ( ) other: specify Please describe: This lot is a flat penninsula lakeshore lot with low elevations. Variance Information (3/9/2023) Page 5 of 6 2694 Authentisign ID: 64BE20E6-5461-EE11-9937-6D458DD47265 e Case No. 6. Was the practical difficulty described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes ( ), No (g. If yes, explain: 7. Was the practical difficulty created by any other human -made change, such as the relocation of a road? Yes ( ), No (X ). If yes, explain: 8. Are the conditions of practical difficulty for which you request a variance peculiar only to the property described in this petition? Yes (X), No ( ). If no, list some other properties which are similarly affected? 9. Comments: The existing structures are within 1.5 feet of the side -yard property line, less than 25' from the shoreline, and with lowest floors that are not flood -proofed at elevations below 933. In addition, one of the existing structures is in open -permit status and non -compliant in its current state. The proposed house will maintain a minimum of 25' shoreline setback, a 7' sideyard setback, and have a lowest floor elevation of 933.5, except the garage slab will be at 931.5 with the garage structure flood - proofed to the 933.5 elevation. I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. I AuthentiswN � %�RiJIFi Owner's Signature A"thentiswN [`% Applicant's Signature ulie Jokhroh Variance Information (3/9/2023) Page 6 of 6 10/02/23 Date 10/02/23 Date 2695 Project Narrative for 2001 Arbor Lane The new owners at 2001 Arbor Lane in Mound, Thomas (Woody) and Kristen Rash will be contracting with Suncrest Builders to remove the existing structures and build a new two-story, raised slab -on -grade home with an attached two car garage. The existing home is over 100 years old with no historical significance, and with a lowest floor elevation not meeting the minimum code requirement. The existing detached garage was built by the previous owner in 2015 without obtaining a permit prior to installing the foundation, though a subsequent permit was obtained with numerous variances. The detached garage foundation was installed within 1.5 feet of the south side lot line, and the garage floor elevation was below the City of Mound minimum elevation (without correspondingly employing flood -proofing materials to the minimum floor elevation), and the garage was built with numerous building code violations. Consequently, the building permit was never closed with a final inspection. The proposed new home resolves all of the previous structures' violations and complies with all codes, with the exception of the 50' lakeshore setback (which would render the lot unbuildable), and the minimum lowest floor elevation for the garage slab, although flood -proofing construction materials will be employed to the minimum floor elevation. Raising the garage floor to the minimum elevation would require additional fill within the Minnehaha Creek Watershed District floodplain to correspondingly raise the driveway. The new owners worked through several design iterations of the house plan trying to maintain a first floor primary suite and still stay within the zoning code setbacks, but in the end agreed to keep all bedrooms on the second floor and provide for a future elevator. The final design is not as large of a home as the owner's desired, but they were willing to compromise on their design to achieve the best balance of code compliance, variance minimization, massing/scale for the site, and plan livability, given their family's needs. The timeline for building will commence once all approvals have been received from the City of Mound and the MCWD. The build process will take approximately five months to complete, but will be expedited as much as possible to minimize neighborhood inconvenience. / le 2001 Arbor Lane Variance Justification (1) The variance proposed meets the criteria for Practical Difficulties as defined in City Code Sub. 129-2. (i) The property owner proposes to use the property in a manner permitted by the zoning ordinance (ii) The plight of the landowner is due to circumstance unique to the property including unusual lot size or shape, and topography, neither of which circumstances were created by the landowner (iii) The variance, if granted, will not alter the essential character of the locality. (2) Granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district nor be materially detrimental to property within the same zone. (3) The variance requested is the minimum variance which would alleviate the practical difficulty. All options were considered and the applicants believe the proposed design achieves the best balance of code compliance, variance minimization, massing/scale for the site, and plan livability, given their family's needs. 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Box 382 SUNCREST BUILDERS Maple Plain, MN55359 612.280.0891 julie.johnson@suncrestbuilders.com RASH 2001 ARBOR LANE MOUND, MN 55364 O C z 0 z Ln Ln w rn CUSTOM PRELIMINARY SET 2699 u u 0 0 F� fv F� fv X X F� W V 4�h 110 ❑❑ Flo 0 ❑❑ ❑❑ Do 0 ❑❑ Do ❑❑ 0 ❑❑ LID Flo ❑❑ 0 ❑❑ IC mm < v o D _ D m N = z o m o � u u 0 0 F� fv F� fv X X F� W V 4�h Emm Cmm Suncrest Builders P.O. Box 382 SUNCREST BUILDERS Maple Plain, MN55359 612.280.0891 julie.johnson@suncrestbuilders. RASH 2001 ARBOR LANE MOUND, MN 55364 CUSTOM PRELIMINARY SET 2700 u u 00 hl N hl N x x I- W V � < D m n Wm M= Z 0 m W w o � SU NCREST BUILDERS u u 00 hl N hl N x x I� W V � Suncrest Builders P.O. 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O z X �^ X D A o w G10 3 D D O D nD0 3 y3 x A z 3 m`O me ci m oc>n m ^' F n� 3 3� v,F� �3,..P; v� 3 VY n0 m oZ' ciz"o Dzm Dz^' I cx ix O 3 x Gt o �^ z 30 i3 mzm 3 Sn W o n x r m° o O ci 3 n 0 z o C D 3 D p m D x mo 3 W O D r D c D ti n w D m In z n m n r z O A In n D D m GAm 0 z n z 3 o n C m n z m w o n czi> mo 33G n� z z c m z m m o a PATIO 9080 5' 9" 5 Suncrest Builders P.O. Box 382 SUNCREST BUILDERS Maple Plain, MN 55359 612.280.0891 julie.johnson@suncrestbuilders.com m I a Lod I'W m N N `+ I W F I Ln 0 T X F 0 O V O W to I gn RASH Ln 0 2001 ARBOR LANE MOUND, MN 55364 A Ln W V Lu CUSTOM PRELIMINARY SET 2703 < m r^ 2 Z o m .. o w _0 3 00 oo (D N T i- (D L'. \ N O N O 00 ((D D _ 00 Q W A N (D O (D Q N lu II II N. (D T (D — Q= -nlu O O l S (D 00 N O 04 S N I--� NJO 04 S 04 X X -0 -6 O O C I--1 V �... A T 00 d 3 O . 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Box 382 SUNCREST BUILDERS Maple Plain, MNs5i5s 612.280.0891 juIie.johnson@suncrestbuilders.comJ RASH 2001 ARBOR LANE MOUND, MN 55364 CUSTOM PRELIMINARY SET 2704 < m V r^ = Z .. o w -------------------------------�------- J 71F L T 41 10 L m A �TJ I I I I I I I I m N I I I I I L J 2' 01T I I I I I I I I � -- -------- 7 I I I I I x L�--------- - - - - - - - - - - - �-------------�J L J 11_01T �- N 1,_0„ / x m / IE--------------------------- 2'0" / I I I J/ F T I I I I N \\ I II m \ r \ __-- _ I I 1-01T m N / r I III I -----�—� 9:12 24" HEEL HEIGHT I I I I E 4 : 12 12" HEEL HEIGHT 12 : 12 2 0 12"" SELF H El G HT I I I I I I I,r ---� I I I I 9:12 24" HEEL HEIGHT I I CI I r ---� N� N D co Ln = C m D m = m 000 A O m_ x O O II II D Gl O G m N N Q = z O D D D z N zLn = N w v A O ^' m � � v z n n D D r I I I I I I I I 1 1 I I 315/16 : 12 I I 6.0625" HEEL HEIGHT I I I I I � m N 10 I I I— — — — - — — — — — — — — — — — � I� ` m� \ x L N \ I20 9:12 — — — — — — — — — — — - I I 24" HEEL I 12 : 12 12" HEEL HEIGHT I I � I y� I / D L o o r] m I m I i\ I I I I 2,_0„ 912 -� 24" HEEL HEIGHT Suncrest Builders P.O. Box 382 SUNCREST BUILDERS Maple Plain, MNs5i5s 612.280.0891 julie.johnson@suncrestbuilders.comJ RASH 2001 ARBOR LANE MOUND, MN 55364 CUSTOM PRELIMINARY SET 2705 h, F, � N II II N N 0 0 I" N I" N F" W v � < m -4 2 Z C) m .. .. W N o w 2 2 2 0 T Q 3 C T �. , O 3 Q C O n Q � 3 A N RL (D X (� 00 T A O A n O = O O (7 n ~ T .O. O O n O S O 3 OA e 3'-8" G m � III In G IIII IIII m =III j � o 0 ml< 4'-0" — A (i M W N 00 Ln N n O 3 D _= x O 0 3 — ov '_�1 cn rn r< N 3 N D OA C rD 13 C O =iz,Q N Q C e p p Q (n < C D C Q \ D -a rD 3 mC D \ = O, D_ = m = M < W x W O S W rD rD rD D rD W A �G rD - O n N vl 00 \ rD 3 ~ fD 3 3 66 00 n T 0'0 M r S fD O 1 .. Om - rD = N I X 0'OOJ OT rD O O �. 00 3 O n A n M W 00 n = O 3 O 3 — N O o v N 3 C O < N O_ _� C < C O- \ O � N -O O_ OV rn O — < W X W O �p D A D (D Q n M. 00 00 ~ rD rD n T \ OV 00 N O r D D O IY O O D 0CL 0 O p rD n O 3 OA s 2' 2'-0" 1'-10" 7'-10 7/8" Window Height 9'-1 1/8" 10 2'-0" t O A D N m Ln X 3 TCF.T — 3 N D (D p(D \ O N rD N C O- O O- ~ ( m Q N O = 3 m X ~D N 00 rD .N.r ,X.' A tG n T S rD 00 \ O O 3 ~ 7 D 0 m O\ n S N(ei N O n oa W T m fD O O , O v rD 00 3 2 2 2 2 2 2 O A D N m LnX 3 T T — m 3 C C N Q,-�3 o rD T m n\D°, 5 Q A 3 w- 3 D T = D n C 00 (DS m � N r(D rD X N , I Ql \ n T m S �. D 3 O Dor, O 3 n S I (� O O Gl W OT O O m 3 rD 00 m O n 9'-1 1/8" E E E E E E E `L D_ 0 F-` Ol F+ E N O C- DO N m < N c Q S Q N o N Nm Nag x m ET m ^ O O n N E S N N � v O S O i - N OO � N D_ N D_ 3/4" i i i i i m W N < s O _ N < O O 0 0 Z m m = Q N N � m O o � O � � O N N S O' N C N 7 n D_ O � .T N D_ T_ O O N N 2'-0" 1j � 4'-0" 2 2 2 2 2 2 2 2 A n Qt W N 00 Ln N 3 N D = rn <rD 3' N OA C rD i N 3 C O_ �n D_ N = C C \ O O- rD m m o- i \ Q' 00 Q m Dl n < OJ p0 OJ O (n W rD S N rD Ci O. O N � 00 \ m O- O fD rD .* rD - m N 3 '; S 3 3 rD 00 ~ T O N \ S rDO m rDO O ~ rr 3 aj rD O O 00 O � n 0 1-id 1 -6 iq 4'-0" 2 2 2 2 2 2 2 2 2 A (i A W N 00 A v? X O 3 x O O � 0 0 rD N < W D D 3 C O O_ N Q O '< O T Q Q .. \ 0 rD -0 N 3 O Q m O Q 3 D O W x W O W N G rU (D d m A fD �G D Q n F rD rD 00 „ \ OA (zl ~ N rD 00 3 rD 00 N O rD (� O * O m I rrDD O rD X m Gl W OT rD rD O O O 0°io vl rD 00 D - m O n \ m X w m m D D � N � n n pj � � n " � o m ( E EEEE m OT v' W O S< N 7 N O 0 O n O N n O O Q— N C m N D O m <d < RO N ,nr a z ) n O � N C N -Q to -. p Nn N— O 6'-10 7/8" Window Height 8'-1 1/8" i i i i i i i DO N m N Q d N 0 N m O cl+ �ag X � �p On g 01 � O n O N N C S N v O S � OO Suncrest Builders P.O. Box 382 Maple Plain, MN 55359 SUNCREST BUILDERS 612.280.0891 julie.johnson@suncrestbuilders.com W m W < S � N p ,O. O O N �i RASH (D m N N 2001 ARBOR LANE MOUND, MN 55364 CUSTOM PRELIMINARY SET 2706 -Ph N II II 00 I-1 N X X Uj v -Ph N N -Ph N II II 00 I-1 N X X I� W v -Ph -Ph N II II 00 I-1 N X X Uj v -Ph WIN: 1 WON i 1OD N xm N::0 Lnco oD 15'-1" VL 1884R VSB36B �VD18-3D� VSB36B Oo Oo I I < D n nm N 2 Z o m O W N .. w 2 0 VD18-3D� VSB36B VD18-3D m ,- N oD X N n N - W 6'-5 1/2" a to a Ol = OD 2868 w I C� N N �668 Ln SUNCREST BUILDERS Suncrest Builders P.O. Box 382 Maple Plain, MN 55359 612.280.0891 julie.johnson@suncrestbuilders.comj � N II II 00 I� N X X v � ml � N II II 00 I� N I� N X X I� W v � 77 RASH 2001 ARBOR LANE MOUND, MN 55364 CUSTOM PRELIMINARY SET 2708 2709 This information sheet only summarizes a portion of the requirements outlined in the City of Mound Zoning Ordinance. Every effort has been made to insure the accuracy of the information contained herein. However, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. For further information, contact the City of Mound Planning Department at 952-472-0607. General Zoning Information Sheet R-1A Zoning District — Single Family Residential PRINCIPAL BUILDINGS — Lot Area, Lot Width, and Setback Requirements Minimum Lot Area (non-lakeshore) 6,000 Square Feet Minimum Lot Area (lakeshore)........................................................10,000 Square Feet Minimum Lot Width (non-lakeshore)................................................................ 40 Feet Minimum Lot Width (lakeshore).......................................................................50 Feet Front Yard Setback....................................................................................... 20 Feet Side Yard Setback........................................................................................10 Feet Rear Yard Setback.........................................................................................15 Feet Minimum Lot Depth.........................................................................................80 Feet Lakeshore / Ordinary High Water Setback...........................................................50 Feet Minimum Building Floor Area Requirement.............................................840 Square Feet 'Minimum lot frontage on an improved public street shall be 40 FT, except that lots fronting on a cul-de- sac shall be 40 FT at the front building setback line (i.e. 20 FT back from front property line). Applicable side/rear setbacks apply to lot lines abutting fire lanes, alleys or unimproved right-of-ways. Building Height. The vertical distance to be measured from the average grade of a building line to the top, to the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. No building shall exceed two and one half (2-1/2) stories or thirty-five (35) feet in height. LOTS OF RECORD, Special Provisions Corner Lots Lot width Minimum side yard setback 40 - 50 feet 51 feet or more 10 feet 20 feet Side Yard Requirements —The required side yard setback shall be a minimum of 10 feet. F e yard setbacks for lots of record shall be six (6) feet unless the structure or site does not ntain a garage in which case, one side yard setback is required to be ten (10) feet toommodate a driveway access. HARDCOVER REQUIREMENTS Impervious surface coverage of lots shall not exceed 30 percent of the lot area. On existing lots of record', impervious coverage may be permitted by a maximum of 40 percent providing that techniques are utilized as identified in Section 129-385 (g)(2). Impervious cover is any surface impervious or resistant to the free flow of water or surface moisture, including all buildings, driveways and parking areas whether paved or not, tennis courts, sidewalks, patios and swimming pools. Open decks (1/4" minimum opening between boards) shall not be counted in impervious cover calculations. 2013 2710 DETACHED ACCESSORY BUILDINGS (GARAGES/SHEDS) — Lot Coverage and Setback Requirements An accessory building shall be considered to be an integral part of the principal structure unless it is five (5) feet or more from the principal structure or use and providing that the structure exceeds 120 square feet. Area and Size Requirements (see hardcover requirements on page 1) A. Accessory buildings shall not exceed a total gross floor area of 3,000 SF or 15% of the total lot area whichever is less. B. Each individual accessory building shall not exceed 1,200 SF of gross floor area. C. The total number of accessory buildings for lots measuring 10,000 SF or less shall be two (2). On lots exceeding 10,000 SF, accessory buildings shall be limited to a total of three (3). 2. Front Yard Setback. All accessory buildings shall meet the same front yard setback requirements as the principal building, except for lakeshore and through lots. For detached garages on a lakeshore or through lots, a minimum twenty (20) foot front yard setback is required if the garage door(s) open to the street; an eight (8) foot front yard setback is required if the garage door(s) open to the side lot line. 3. Side Yard Setback. A detached accessory building may be located within four (4) feet of the side lot line in the rear yard with a minimum of a six (6) foot setback in side yard location. On through and lakeshore lots, a detached accessory building may be located within four (4) feet of the side lot line in the front yard. Whenever a garage is designed with the doors facing a side lot line, the minimum distance between the doors and the side lot line shall be twenty (20) feet. 4. Rear Setback. A detached accessory building may be located within four (4) FT of the rear lot line. 5. Lakeshore Setback. Detached accessory buildings must maintain a 50 foot setback from the ordinary high water. DECKS See separate deck handout for more information. Front and Sides..........................................Same as Accessory Building Setbacks Rear..................................................................................................10 feet ELEVATION Ordinary High Water Flood Elevation Lowest Floor Elevation REQUIREMENTS MCWD931.5 LAKE MINNETONKA 929.4 933 CITY 931 DUTCH LAKE 939.2 940 942 LAKE LANGDON 932.1 935 937 2013 2711 CITY OF MOUND RESOLUTION NO. 23- RESOLUTION APPROVING CONTRIBUTIONS FOR 2023 WHEREAS, The City of Mound is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts and bequests for the benefit of recreational service pursuant to Minnesota Statutes Section 471.17; and WHEREAS, The following persons and entities have offered to contribute the cash sums set forth below to the City: Name of Donor Amount Date Purpose Mark PettyGrove $500.00 12/20/2022 Donation to Fire Department Northwest Tonka Lions Club 6,800.00 6/21/2023 Donation to Fire Department for Equipment Al & Alma's Supper Club 500.00 6/30/2023 Donation to Fire Department Pelican Point Homeowners Association 2,085.00 8/9/2023 National Night Out Donation to Fire Dept. Jake's Auto Detailing 250.00 8/25/2023 Donation to Fire Department for Truck #1 Harbor Wine & Spirits' Customers 292.87 10/4/2023 Donation to Fire Department Our Lady of the Lake Church 250.00 10/25/2023 Donation to Fire Department for Safe Heart Training WHEREAS, The City Council hereby finds that it is appropriate to accept the contributions offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA, AS FOLLOWS: 1. The contributions described above are hereby acknowledged and accepted by the City of Mound. 2. The City Council of the City of Mound expresses its thanks and appreciation for the contributions. Adopted by the City Council of the City of Mound this 121h day of December, 2023. EVNIM115 Kevin Kelly, Clerk Mayor Jason R. Holt 2712 T BOLTON & MENK Real People. Real Solutions. December 7. 2023 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound. MN 55364 RE: 2022 Surfside Park Depot Area Improvements City Project No. PW 22-09 Pay Request No. 5 & Final 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. 5 & Final from Valley Paving for work completed on the Surfside Park Depot Area Improvements from July 15, 2023 through December 5, 2023. At this time, the project is complete, and we have prepared a pay request for the project that includes the release of the 5% retainage. The overall project cost is higher than bid as we negotiated with the contractor to include additional sidewalk and street repairs around the area and switched some of the turf restoration to sod from the planned seed to withstand foot traffic. We have reviewed the contractor's request, verified quantities, and recommend payment in the amount of $12,417.62 to Valley Paving Inc. Sincerely, Bolton & Menk, Inc. Matthew S. Bauman, P.E. Assistant City Engineer Bolton & Menk is an DATE: 12/5/2023 CONTRACTOR'S PAY REQUEST NO. 5 & FINAL CONTRACTOR Valley Paving Inc. 2022 SURFSIDE PARK DEPOT AREA IMPROVEMENTS OWNER City of Mound CITY PROJECT NOS. PW-22-09 ENGINEER Bolton & Menk BMI PROJECT NO. OC1.125732 FOR WORK COMPLETED FROM 7/15/2023 THROUGH 12/5/2023 TOTALAMOUNT BID.............................................................................................................................................................................. $ 201,096.00 APPROVEDCHANGE ORDERS........................................................................................................................................ CURRENTCONTRACT AMOUNT................................................................................................................................. $ 201,096.00 TOTAL, COMPLETED WORK TO DATE...................................................................................................................................... $ 248,352.44 TOTAL, STORED MATERIALS TO DATE..................................................................................................................................... $ - DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED............................................................. $ - TOTAL, COMPLETED WORK & STORED MATERIALS................................................................................................................. $ 248,352.44 RETAINEDPERCENTAGE ( 0% )..................................................................................................................................... $ - TOTAL AMOUNT OF OTHER DEDUCTIONS........................................................................................................................... $ - NET AMOUNT DUE TO CONTRACTOR TO DATE...................................................................................................................... $ 248,352.44 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES............................................................................................................... $ 235,934.82 PAYCONTRACTOR AS ESTIMATE NO. 5.......................................................................................................................................... $ 12,417.62 Certificate for Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor: Valley Paving Inc. 8800 13th Ave E By Date �/ ! 1 CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., ENGINEERS, 2638 SHADOW LN, SUITE 200, CHASKA MN 55318 By PROJECT ENGINEER M tthew S. auman Date 12/7/2023 APPROVED FOR PAYMENT: Owner: CITY OF MOUND By Name Title Date 2714 t 0 0 0 0 o 0 LD r` O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO 0 LO 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �- Z 0 O 0 O 6 LO 0 "t 6 r O 0 6 ti 0 0 0 0 0 (D O N M N O M ti N O W 6 LO to N 6 O 0 M 0 M 0 M N O 'd' o M 0 0 0 0 0 0 0 'ITM 0 0 LO 0 O 0 CD 0 In 0 0 0 0 Oo O O M O 00 r N O N M 69 "T r ti 6> M ti I` c-^ r- M N N r O ti M In L17 't C1' (D L17 V' 't (D N L17 V O M- M d' M 0 t- M a- NKI- r• M 0 r (D N "T 6'3 0 � 0 Ln W r 64 64 64 64 64 64 Q9, r 64 r 64 64 N 64 N 64 r W, 64 EA 64 64 64 64 64 64 r 64 64 64 64 64 64 64 � Q F Z o p 0 p p ti O 0 0 0 0 o p p o 0 0 0 O 0 0 O 0 0 O 0 0 o M r 0 p (`) O O 0 O O Lri o o 0 o O o 0 o O p O p 0 o 0 0 0 o 0 o 0 o O p 0 o 0 0 0 o 0 o 0 p p W r r p LO LO LD LO r M �. r CO V' m M N N LO M (D N r r V Llj r v I� �i N r r r M M Lri r r N M r o I` r O) �- N N O r r r r r W J C W 2i O Z D Z Q O F z Q D a 0 O 0 O o O Ln N o O 0 O 0 O 0 O 0 O 0 O o o Ln N o p 0 O 0 Ln 0 Ln 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 p 0 p 0 p 0 O 0 O 0 p 0 O 0 p 0 O 0 O 0 O W Co CD 0 M (A N 64- M O CDr Il- O O O O N �' co I- N 640 LO 0 M 00 6464 o LO It LO It LO 0 ti 0 M M ti O d' O D O O It O O O CO O (D O M O (DO O 0 0 LO 0 O 0 00 64 U Z O p O (`j 64 M 64 fA r 64 M ti EA ER 64 r 64 r 64 64 64 69 64 ti 64 64 r 64 00 _ 64 M 64 O r N 64 r 64 N (fl _ 69 M 64 64 (D EA E r 64 m z< C f m Z N N O O O N LO pp LO O r r p p N r� M r N N 00 O M N (D r 0 0000 r am- <- r r 00 (D ti r N M r LN � U O LLLL LLLL = LLLL. Z Z LLL LLLL. LLLL.. LLLL LLLL LLLL 2 L~L. LLLL 0 0 0 0 0 2 LL �"' U (..) }' } % U U4 r r } U Z QU QU QU 4U QU a O 0 Z z Q�� C� O O a 0 a a z Z Q Z z W u u D n D ul � W u Z I- F 0 W 0 0 ul J U U U J (n J W -JE j? (n J 2 U U W J J J J J J Y � � LLJ U Z 2 C7 > i U m v U U (A W W Z U) 0 0� CO W J F U H D m m iW- M W (D D X Z Z O a p U W W LU m U W CL M j Y m > U W D Z¢¢ O W o z U Z co a Q? W W O (D (D O ? O m W JO 0 LWi U W _ J O LU LU W U U _z Y Y¢ m z J O W Q X J Z¢ r Q J Z U O H O _Z W W U LL Q m Z Q¢ O m z W LL Q U U m Z Q m' Oz O O P< U W Z z W z W w Z O O O D 0 0 Q O 0 Z X W W- M LLJ F- W� O U m z -� m m 0 0 0 w Z Z O m� Z Q Q U U U W m Z Q rn Q co U i i i U O W W (n (A Z Z LLJ U LL-Lij - I a Z F- 0 O O W Z J W m 0 0 0 0 0 j w I- W O O Z z Z W° Z z z I¢- O yW.. LO OU OU P OU OU Q O OU OU U u¢J m I- v iD iD 0 m m m Z LLLL W O r N M V- Ln (D I_ 00 (:y) 0 r N M t M M I- 00 O O r N M t LO (D I` 00 D) O r N M It r r r r r r r r r r N N N N N N N N N N CO M M CO CO 2715 12/6/23, 8:57AM rnndor.state.mn.us/tp/eservices/_/Retrieve/0/Dc/g0EV71XHch2tYFwCNnGygw_?FILE_=Print2&PARAMS= 914782403070821... Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractor Summary 1245532160 5565541 CITY OF MOUND PW-22-09 16-Aug-2022 25-Oct-2023 SURFSIDE PARK DEPOT AREA $248,352.44 1-651-265-888 6-Dec-2023 8:57:51 AM VALLEY PAVING INC 41-1348160 ValleyPavingTax Contractor Affidavit Name ID Affidavit Number RONN KASSA CONSTRUCTION 2991400 1796558848 WARNING LITES OF MINNESOTA 3086922 1788039168 TRAVERSE DES SIOUX GARDEN CENTER / JOY C STRUCK 5986374 1040240640 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) with holding.tax@state.mn.us. Business hours are Monday through Friday 8:00 a.m. to 4:30 p.m. Central Time. Please print this page for your records using the print or save functionality built into your browser. 2717 https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/Dc/g0EV71XHch2tYFwCNnGygw_?FILE_=Print2&PARAMS= 9147824030708214098 1/1 Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1-144-230-240 6-Dec-2023 8:47:45 AM RON KASSA CONSTRUCTION INC 41-1861276 RonKassa Contractor Affidavit 1796558848 2991400 CITY OF MOUND PW-22-09 03-Oct-2022 05-Jun-2023 SURFSIDE PARK DEPOT AREA IMPROVEMENTS $29,649.20 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are Monday through Friday 8:00 a.m. to 4:30 p.m. Central Time. Please print this page for your records using the print or save functionality built into your browser. 2718 All Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved, Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type ofRequest Submitted: Affidavit Number: Minnesota ID: Project Owner: Project Number, Project Begin Date: Project End Date: Project Location: Project Amount: 0f977-854' 18 30-Nov-2028 7:56:45AM WARNING L|TE8DFK4|NNE8OTAINC 384762529 jjjewe|o Contractor Affidavit 1788039168 3086922 CITY OFMOUND PVV22'O8 16-Aug-2022 29-Nov-2022 SURFS|OEPARK DEPOT AREA $G`788.UO No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us Uyou need ouilherassistance, contact our Withholding Tax Division a\G51-282-AgQg.(bz|l-fnee)8OO-657-35Q4.ur(emaU withhold i ng tax@ state. mn. us. Business hours are Monday through Friday 8:00 a,m. to 4:30 p.m. Central Time, Please print this p.�qe for your records using the print or save functionality built into your browser, L. M V +-i N n a� E re O u +_ > Q) Ln CL o au Q O N cli > -0" p O ++ aJ N u U a) f0 L ELn L N L O aJ O aU G° U aU E �-' V o U L v -oa a' uz-0 -� � O E l% � } U O O O �L U U- (u Ln (v V ' aJ u u C f0 Ln i v m c dO+ aJ a-+ W C) u U E a1 N �� O U a) r N ca> O w buc z =3 N LLO Z O o �- al V u E N V aJ L. 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Z -j m 0 a.., m O C L C O '+_� = o a�1 m c Lu m U .J° CO +� C m Q L a� C U U U U ° o o o o a a a a Ln c� E 6 m ++ Ln X m C O E a) L O Ln M Ln O O W a) C 47 O 7 -a O cu U co E C N Ln m ',D C m a) U O CC L N C > > O O to X M O L C1A O O C a-+ U m O a--r .0 C t O O 't' O 66 L >' O ° -a U LL O � � "a C O OU o CL U a--+ 4- V) (A C C V) O E coo 75 L v on N L i V) T C a i QU Q U C C O OU � E Q ° co U O ++ (n L O O 4J C O N N N a L v L aF.+ C O i O T = a m O cu >c C p m �-+ U o C O 4-J U C E aJ E Q' O U U Ln L C a--' U aJ Q.1 L > +-' m O L O m O � N tt= 4- � � C 4- - O O >, a Q. +� V) Q C \ E " U Ln � = a) U E Q aim-+ U C m O ? 4-1 C � -O C C C -0 U bD v � E aJ m E N a m L E +' +., CLn t Q +, Q) U _0 -0 .— _>- C C a� a) _O � � C L ° � Q 4- 2 a) 4-+ m V) ° L O IN =3 Q) EC C N ' U L C O m Ln C C `� aA O o � ,O C m Q V) a) O m W aJ V) � L E Q O N U LEv 0 c H � . L a) +-j C U E C aJ ° U m C7 N 00 C J a O L C O O N a) -0 Il, Ln V)(10 Z O rq � �'�oa�11 ►-+ Z 4-j F- O m O Y ar-� Ln Y U N 2721 T BOLTON & MENK Real People. Real Solutions. December 7 2023 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound. MN 55364 RE: 2023 Manhole Rehabilitation Project City Project No. PW-23-04 Pay Request No. 3 & Final 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. 3 & Final from Thul Specialty Contracting for work completed on the 2023 Manhole Rehabilitation Project from November 3, 2023 through December 5, 2023. At this time, the project is complete, and we have prepared a pay request for the project that includes the release of the 5% retainage. We have reviewed the contractor's request, verified quantities, and recommend payment in the amount of $5,433.00 to Thul Specialty Contracting. Sincerely, Bolton & Menk, Inc Matthew S. Bauman, P.E. Assistant City Engineer Bolton & Menk is an DATE: 12/5/2023 CONTRACTOR'S PAY REQUEST NO. 3 & FINAL CONTRACTOR Thul Specialty Contracting, Inc. 2023 MANHOLE REHABILITATION PROJECT OWNER City of Mound CITY PROJECT NOS. PW-23-04 ENGINEER Bolton & Menk BMI PROJECT NO. 001.129558 FOR WORK COMPLETED FROM 11/3/2023 THROUGH 12/5/2023 TOTALAMOUNT BID .... ......... ....................._....................................................._....................................................._.......................... $ 110,410.00 APPROVED CHANGE ORDERS .... ................. _...._.. ......._ ................__.._ ........... __....................... CURRENT CONTRACT AMOUNT.. ............ ........ ...... _...... ..... .... ___... ........ ......... _............... $ 110,410.00 TOTAL, COMPLETED WORK TO DATE ... ....................... .._....................................................................._...._............._._...__. $ 108,660.00 TOTAL, STORED MATERIALS TO DATE—. ............. ................. ......................... $ - DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED........................................................ $ - TOTAL, COMPLETED WORK & STORED MATERIALS ....... ..... ._.._............................................ ..........._ ......... $ 108,660.00 RETAINEDPERCENTAGE ( 0% ).......... ................_................................._.._....._...................._........................._.... _... $ - TOTAL AMOUNT OF OTHER DEDUCTIONS. ._.................................. ...._..............._......._...:_:..:.__........__..................___. $ - NET AMOUNT DUE TO CONTRACTOR TO DATE, ......... .................. ............. .__................................. .............. $ 108,660.00 TOTALAMOUNT PAID ON PREVIOUS ESTIMATES .................. ............................................ ....._............ --- .... ........... .. — $ 103,227_00 PAY CONTRACTOR AS ESTIMATE NO. 3& FINAL .......... .._.._....._............................ ............ ............................. ....... ........... ........ _.... $ 5,433.00 Certificate for Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor. Thul Specialty Contracting, Inc. PO Box 322 Elk River'- 5 30 ✓/ // ` By Date CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MEN�K,IINC., ENGINEERS, 2638 SHADOW LN, SUITE 200, CHASKA MN 55318 By PROJECT PROJECT ENGINEER M atthew S. Bauman Data 12/7/2023 APPROVED FOR PAYMENT: Owner. CITY OF MOUND 2723 | | \ \ 2724 MDEPARTMENT OF REVENUE COntractorAfflUavit Subm M1[etl Thankyou, your Contactor A111tlavli has been approved Conlrmasion Summary Confirmation Number: 1-351Y984480 Submitted Dale and Time 5Dec 2023 32902PM Legal Name THOLCPECIALLY CONTRACTING INC Federal Employer ID 900211598 OserWho CubmltleP. ThuI91 Type N Request CubmltleP. Contactor Aflltlavll Affidavit Summary ATtlanl Nurr6a: ]050115)4 MinnesotaID 7502508 Project Owner: CITY OF MOUND Project Number: PW2304 Project Begin Date 01 Oct2023 Project End Date: 04 Nov 2023 Project Location CITY OF MOUND ProjectAmounr $110i41000 Subcontractors No Subcontractors Irryortat Messages A copy mthis page mustbe provided mthe contactor or government agency that hired you. Contact Us If you need Udder assistance contact our Withholding Tax Board at 65/2829999 Qonhee) 890L057W594, m(emalp withholding tax@Aate onto us Business hoursare Monody through Friday 8:00 aon to 439 pm Central Time Please printSid e loryour records using the print or save functionality bulA Into your browser. 2725 RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS DATE: November 5, 2023 (month/day/year) The undersigned hereby acknowledges receipt of the sum of $ $51,350.00 Minnesota Uniform Conveyancing Blanks Form 40.5.1 (2011) Check only one box or box 1 will apply, ❑ 1. partial payment for labor, skill, and material furnished ❑ 2: payment for all labor, skill, and material furnished or to be furnished (except the sum of $ retainage or holdback) I full and final payment for ail labor, skill, and material furnished or to be furnished to the following described real property: City of Mound, Minnesota 2023 Manhole Rehabilitation Project as For value received the undersigned waives all rights acquired by the undersigned to record a mechanic's lien against said real property for labor, skill, or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked), The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors retained by the undersigned have been paid in full, EXCEPT: NO EXCEPTIONS Interstate Removal. LLC print name) By: (sry ? ft e) Its: (type of authority) Address: PO Box 1028 Forest Lake, MN 55025 Phone Number: 651 407-0609 Note: This form is not intended to be recorded. Page 1 of 1 2726 T BOLTON & MENK Real People. Real Solutions. December 7. 2023 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound. MN 55364 RE: 2022 Lift Station Improvements City Project No. PW-22-03 Pay Request No. 3 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. 3 from Pember Companies for work completed on the 2022 Lift Station Improvements Project from June 22, 2023 through December 5, 2023. At this time, the project is substantially complete and we have lowered the retainage to 1%. We have reviewed the contractor's request, verified quantities, and recommend payment in the amount of $87,691.01 to Pember Companies. Sincerely, Bolton & Menk, Inc. Matthew S. Bauman, P.E. Assistant City Engineer Bolton & Menk is an CONTRACTOR'S PAY REQUEST BQ LTO N DISTRIBUTION: 2022 LIFT STATION IMPROVEMENT PROJECT U ` & MEN K CONTRACTOR (1) Real People. Real Solutions. CITY OF MOUND - PW-22-03 OWNER (1) ENGINEER (1) 8M1 PROJECT NO. 0C1.125733 TOTAL AMOUNT BID PLUS APPROVED CHANGE ORDERS $361,055.00 TOTAL, COMPLETED WORK TO DATE $343,703.84 TOTAL. STORED MATERIALS TO DATE $0.00 DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED $0.00 TOTAL, COMPLETED WORK & STORED MATERIALS $343,703.84 RETAINED PERCENTAGE ( 1.0% ) $3,437.04 TOTAL AMOUNT OF OTHER PAYMENTS OR (DEDUCTIONS) $0.00 NET AMOUNT DUE TO CONTRACTOR TO DATE $340,266.80 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES $252,575.79 PAY CONTRACTOR AS ESTIMATE NO. 3 $87,691.01 CERTIFICATE FOR PARTIAL PAYMENT 1 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: Pember Companies N4449 469th St Menomonie WI-54751 By Name Title Date —7 CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: ENGINEER: BOLTON & MENK, INC., 2638 SHADOW LANE, STE 200, CHASKA, MN 55318 By CONSULTING ENGINEER Date 12/7/2023 APPROVED FOR PAYMENT OWNER: By Name Title Date And Name Title Date do 2728 F LL ULU C w c IL LL F z W M 2 W Cl)c 0 I U m o C o �zz LL F M L) 2-)c LL LL O L J 0 d Y N i c N m�: O O O O O o o o 0 0 0 O p 0 0 o C! 0 0 [7 A 0 o O a d 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 Q O p p 0 0 0 0 d 0 0 O 0 0 O q 0 g O g O 0 O 0 o 0 p 0 q O b 0 0 v O r o O O d O 0 0 N 0 0 0 0 �! p O O o d d O Q 0 w F F Z Q O 6 q N O 6 6 o q 6+1 6 0 H9 0 o P 6A H v a a Q 0 6 0 g 6 N o m 0 0 0 N m 00 M M g to 0 Q Q Lo m W o N O 6 0 d tl 0 m M 6 6 u] O 0 m o 0 0 m 49 G O t9 W m m m 0 o Vi 0 (O o N O 0 N 0 m C. 0 O N 0 6 0 Q W 20 vN['i p V r q Vi o M In In m ri 6N6 t[>: MOWN o ^M v [V m M 16M�i N m My M N M m W M m 10 Nw m W �M N M ^ v/ o [V N m m v m M �u1 y tAN m oM Wa N 49 N Iff 69 to w E9 V N N M e9 6n u] N y 19 w 0) 6n 69 (a e9 CA 69 69 W r9 ° 22 2 �� t] p DDW� U) Ul V) W LL¢q U) W LL LL. 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Box 382 SUNCREST BUILDERS Maple Plain, MN 55359 612.280.0891 Julie.johnson@suncrestbuilders.com RASH 2001 ARBOR LANE MOUND, MN 55364 r N N N MINIM 7iii CUSTOM PRELIMINARY SET 2707 r� 44I W t J Z LL 06 Ln I W CA W 4 m N O N 0) c 5 m T _N M p W W J O U 0 0 0 0 0 0 0 0 0 0 0 0 0 m O 0 O-e 0 0 0 0 o O o O o 0 o O o m 1-0 0 �. O d' o O ,- O 6 6 O 6 hl 0 0 6 - 6 O N Z O M O 1` M 0 T N M ti — O O N M 'ct' (3) 00 t� ti c- 0 Ln 0 1` O 0 0 O O O Ch O M Z 64 N 6S C6 00 U? M CD Ln ' O 69 64 69 EA 64 69 64 69 r- 64 64 U- W 64 N Q Q 60- p O } I- 0 0 0 0 o O o Z00 0 0 00 0 0 0 0 0 0 Lo 0 O 0 0 0 0 0 N m LOO' m V LN ('6 S M 0 rt c- M= M C'J Z D = O O 2 z Q a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W O N � LM O fR �- F U � 6-, 64 69 691 F- z O O O O rn rn O O 0 � O 69 O N •-- It � EFT 64 Ln 0) 69 ch NN e Lr 69 64 Q F- 0 F- p m J Zm Z N 0�0 L O LO Cl) V- (N0) N V � Q O ULLLL. LLLL. LLLL.. >- > U LL i" .~_I J LL U U) r U) U Q Z z a m a z z n� C1 a a n Q w J J U) U Ui J U c� W? U)? 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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 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 At the high school - Student Senate is currently holding its WeCan Holiday Drive from December 6th-13th, the high school will collected personal care and household cleaning supplies that are in need for families in the Westonka area. The Primary and Middle School also complete their own drives this week to benefit WeCAN 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! Count on Change Reality Fair Count on Change is a DECA chapter project that is focused around teaching students about the importance of financial literacy. On November 30th the chapter pro0 ject put on a Reality fair where students provided MWHS juniors and seniors with hands-on experiences, offering practical insights into the challenges of managing personal finances. Activities Updates DECA Districts Competition is on January 7th. All members are currently preparing for this event. Letters of Love hosted a successful Crumbl Cookie fundraiser on December 1st. Rotary continues to meet and come up with new opportunities to help out the community. Link Crew - Respect Retreat MWHS Link Crew continues to meet with 8th and 9th graders on a monthly basis to help in supporting the school culture at MWHS. Link Crew recently hosted a Respect Retreat for all 9th graders. The Respect Retreat inspires students to build a positive community where all students can thrive socially, emotionally, and academically. 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 Winter Wonderland at Shirley Hills - January Z1st, 1pm-3pm - Sledding, skating, and morel - MWHS hockey team volunteers - Other DECA and NHS High School 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 Winter Sports Girls Basketball: The girls team has a game tonight at home against Two Rivers. Boys Basketball: Their next game is Thursday at home against Minneapolis Southwest. Girls Hockey: Season is in full swing! Current record is 5-1-4. Their next game is this Friday at Breck. Boys Hockey: They have been successful in their first few games this season. They play tonight at Thaler against Waconia. Winter Sports Dance Team: Dance team has started off their season with success placing 1st in kick and 3rd in jazz. Skiing (Nordic and Alpine): Training has begun in the weight room. Now they are waiting on some more snow so they can get out practicing. Wrestling: The White Hawks Wrestling team will look to build on last year's historic state tournament finish. Gymnastics: Practices with Watertown -Mayer have begun, their first home meet is next Thursday MWHS Arts Theatre in Westonka MWHS Theatre has casted their first ever MSHSL One Act Play for this years competition. The One Act Play - Kodachrome tells the story of a small town where everybody knows each other and the pace of life allows the pursuit of love to take up as much space as it needs. The play explores love, nostalgia, the seasons, and how we learn to say goodbye. The cast includes 10 students from grades 10th -1Zth grade. They will compete at Chaska High School on January 27th. MWHS Theatre is also already prepping for the spring musical, Footloose! Auditions for this show will be in late January and the show takes stage Westonka Community Theatre - hosted their winter variety show last weekend in the Little Theatre. Their next production will be their children's show in the spring. MWHS Choir The MWHS Choir thosted heir Holiday concert yesterday, Monday December 11th in the PAC. This featured music performed by: Cantabile, Bel Canto, Concert Choir, and Madd Jazz. �CmIceft C�day M�s,�PEw,aa ��m J. Band in Westonka The MWHS Band hosted their winter concert on December 3rd at 7 pm in the Westonka Performing Arts Center. This featured music performed by: Concert Band, Symphonic Band, and Wind Ensemble. Westonka Bands also completed their middle school bands concerts on December 4th in the PAC. MWHS Academics Significant Accomplishments M W HS juniors Stella Miner and Isaac Hays have been named as Westonka's 2024 ExCel Award Winners. This annual award recognizes high school juniors who are active in fine arts and athletic activities, who show leadership qualities, and who are model citizens in their communities. Each year, Mound Westonla High School selects two students, one male and one female, to receive the school -level ExCEL Award and to compete atthe state level. Westonka Update Building Visits Staff recently visited some area schools in preparation for the upcoming renovations to MWHS Orono Police Department Crime Summary Report Cities: MOUND Date Range: 91112023 12:00:01 AM- 9/302023 11:59:59 PM d Crime Category: Aggravated Assault 1 609.2247.2 Domestic Assault - By Strangulation 1 609.52.2(a)(1) Theft-Take/Use/Transfer Movable Prop -No Consent 1 168.35 Motor Vehicle Registration - Intent to Escape Tax 30-50(c)(2) (Mound)Recreational Fires -Equipment to control and extinguish the fire available at all time during burning 30-51(a) (Mound)Open burning prohibited, except a recreational fire, without a permit 609.50.1(1) Obstruct Legal Process -Lawful Execution Legal Process 609.50.1(2) Obstruct Legal Process -Interfere w/Peace Officer 1 1 1 1 1 Cri�Category: Burglary/Breaking & Entering 609.582.3(a) Burglary- 3rd Degree - Enters w/out consent with intent to Steal/Commit Felony or Gross Misdemeanor 1 Crime Category: Destruction/Damage/Vandalism of Property' 609.595.1(4) Damage to Property - 1st Degree - Value Reduced Over $1000 609.595.3 Damage to Property-4th Deg -Intentional Damage -Other Circumstances 169A.20.1(1) Traffic - DWI - Operate Motor Vehicle Under Influence of Alcohol 169A.20.1(5) Traffic - DWI - Operate Motor Vehicle - Alcohol Concentration 0.08 Within 2 Hours 169A.25.1(a) Traffic - DWI - Second -Degree Driving While Impaired; 2 or more Aggravating Factors 169A.26.1(a) Traffic - DWI - Third -Degree Driving While Impaired; 1 Aggravating Factor 169A.27.1 DWI - Fourth -Degree Driving While Impaired; Described 609.52.2(a)(13) Theft -Obtain Services -No Payment Crime Category: Identity Theft 609.527.2 Identity Theft-Transfers/Possesses/Uses Identity of Other Person Report Ran: 10/32023 2:17:20 PM Report: OR - FBR - Crime Summary Report 1 1 2 2 1 1 1 1 1 Page 1 of 3 2731 Crime Category: Intimidation (Assault) 609.2242.1(1) Domestic Assault -Misdemeanor -Commits Act to Cause Fear of Immediate Bodily Harm or Death 1 Crime Category: Non -Repo 168.09.4 Motor Vehicle Registration - Operate Vehicle With Expired Registration 1 169.13.1(a) Traffic - Reckless driving; Drives Consciously Disregarding a Substantial or Unjustifiable Risk 1 169.791.7 Traffic Regulation -False Information to Officer or Court Regarding Vehicle Insurance 1 169.797.2 Traffic Regulation -Uninsured Vehicle -Owner Violation 1 169.797.3 Traffic Regulation -Uninsured Vehicle -Driver Violation 2 171.24.1 Traffic -Drivers License -Driving After Suspension 1 171.24.2 Traffic -Drivers License -Driving After Revocation 1 ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE 3 ACPI ACC -MOTOR VEHICLE PERSONAL INJURY 1 ACPUB ACC -ACCIDENT PUBLIC 6 ADLOCK ADMIN LOCKOUT CAR/HOUSE 1 AL FAIL ALARM FALSE 1 ALFIRE ALARM FIRE 2 ALRES ALARM RESIDENCE 1 ANAL ANIMAL AT LARGE 1 ANBARK ANIMAL DOG BARKING 1 ANBIT ANIMAL BITE 1 ANCOMP ANIMAL COMPLAINT/OTHER 1 ANPDD ANIMAL POTENTIAL DANGEROUS DOG 1 ASLI FT LIFT ASSIST 2 ASOAASSIST OTHER AGENCY 1 ASPUB ASSIST PUBLIC 2 DISDOM DISTURB DOMESTIC 3 DISHAR DISTURB HARASSMENT 1 DISNEI DISTURB NEIGHBORHOOD 2 DISNOI DISTURB NOISE COMPLAINT 1 DISTHR DISTURB THREAT 1 DISUNW DISTURB UNWANTED PERSON 2 FIREMUL FIRE MULTIPLE DWELLING 1 FOPR FOUND PROPERTY 2 HDEATH HOSPICE DEATH 1 JUVPROT JUV-CHILD PROTECTION 1 LOSTPR LOST PROPERTY 2 MED MEDICAL 11 Report Ran: 10/32023 2:17:20 PM Page 2 of 3 Report: OR - FBR - Crime Summary Report 2732 MEDMH MEDICAL MENTAL HEALTH 7 MEDOD MEDICAL -OVERDOSE 1 MISABV MISC OFCR ABANDONED VEH/JUNK 1 MISCIV MISC PUBLIC CIVIL MATTER 7 MISCOMP MISC OFCR DRIVING COMPLAINT 2 MISHRO MISC PUBLIC HARRASSMENT RESTRAINING ORDER 1 MISINFO MISC OFCR INFORMATION 5 MISLOC MISC OFCR VEHICLE LOCKOUT 2 MISNAR MISC OFCR NARCOTICS INTELLIGENCE 1 MISSCAM MISC OFCR SCAM/SWINDLE 1 MISTRES MISC OFCR TRESPASS NOTICE SERVED 2 MISUNFCRM MISC UNFOUNDED CRIME 1 MISUT MISC OFCR UNFOUNDED THEFT 1 MISUTL MISC OFCR UTILITIES 2 MISVAN MISC VANDALISM 3 MISWEL MISC OFCR WELFARE CHECK 11 MISWRN MISC OFCR WARNING TICKET 1 PKCOMP PARKING COMPLAINT 1 SUIDEA SUICIDE DEATH 1 SUSACT SUSPICIOUS ACTIVITY 2 SUSPER SUSPICIOUS PERSON 2 SUSVEH SUSPICIOUS VEHICLE 1 Crime Category: Shoplifting 2 609.52.2(a)(1) Theft-Take/Use/Transfer Movable Prop -No Consent 2 Total All Categories: 139 Report Ran: 10/32023 2:17:20 PM Page 3 of 3 Report: OR - FBR - Crime Summary Report 2733 Orono Police Department Activity Report - Public (If Juvenile involved, no address provided) Cities: MOUND Date Range: 9/1/2023 12:00:01 AM - 9/30/2023 11:59:59 PM Case: OR23009135I Reported: 9/1/2023 9:21:45 AM Address:1111111111111IN BARTLETT BLVD MOUND Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR23009145 Reported: 9/1/20234:42:25 PM Address4M SHORELINE DR MOUND Offense: LOSTPR LOST PROPERTY Case: OR23009146 Reported: 9/1/2023 5:37:41 PM Address: IMCOMMERCE BLVD MOUND Offense: ACPUB ACC -ACCIDENT PUBLIC Case: OR23009152 Reported: 9/112023 9:29:36 PM Address: MMILLPOND LN MOUND Offense: MISVAN MISC VANDALISM Case: OR23009160i Reported: 9/2/2023'9:41:25 AM Address: Ift COMMERCE BLVD MOUND Offense: MED MEDICAL Case: OR23009162 Reported: 912/2023'10:20:43 AM AddressAft SETTER CIR MOUND Offense: DISHAR DISTURB HARASSMENT Case: OR23009167 Reported: 9/2/202312:01:29 PM Address: AM COMMERCE BLVD MOUND Offense: DISUNW DISTURB UNWANTED PERSON Offense: MISTRES MISC OFCR TRESPASS NOTICE SERVED Case: OR23009179 Reported: 9/2/2023 8:16:50 PM Address: COMMERCE BLVD MOUND Offense: ACPUB ACC -ACCIDENT PUBLIC Case: OR23009180Reported: 9/2/2023'8:29:54 PM Address: MOUND Offense: MISNAR MISC OFCR NARCOTICS INTELLIGENCE Case: OR23009183' Reported: 9/2/2023'9:59:36 PM Address: 40 COMMERCE BLVD MOUND Offense: FOPR FOUND PROPERTY Case: OR23009200' Reported: 9/312023'1:35:59 PM Address: THREE POINTS BLVD MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23009210' Reported; 9/3/2023 5:27:12 PM Address: LYNWOOD BLVD& FAIRVIEW LN' MOUND Offense: ACPI ACC -MOTOR VEHICLE PERSONAL INJURY Case: OR23009224 Reported: 914/2023 2:04:12 AM Address:"BARTLETT BLVD MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR23009241' Reported: 9/4/2023 3:54:07 PM Address: M SULGROVE RD MOUND Offense: MISLOC MISC OFCR VEHICLE LOCKOUT Case: OR23009246I Reported: 9/412023'6:21:01 PM Address:1W COMMERCE BLVD MOUND Offense: 609.63.1 Forgery -With Intent to Injure or Defraud Report Ran: 10/3/2023 2:14:29 PM 2734 Page 1 of 8 Report: OR - FBR - Activity Report - Public g Case; OR23009247 Reported: 9/4/2023i6:34:39 PM Address: fWALEXANDER LN MOUND Offense: MISUTL MISC OFCR UTILITIES Case: OR23009277Reported: 9/5/2023 4:13:26 PM Address: 4WWILSHIRE BLVD MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23009269 Reported: 9/5/2023 11:09:25 PM Address: + VILLAGE TRL MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23009293 Reported: 9/612023'1:41:08 AM Address: ! COMMERCE BLVD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23009295' Reported: 9/6/2023'8:30:21 AM Address: AWHAZELWOOD LN MOUND Offense: DISTHR DISTURB THREAT Case: OR23009298 Reported: 9/6120238:58:51 AM Address: EVERGREEN RD MOUND Offense: MED MEDICAL Case: OR23009299 Reported: 916/20239:42:44 AM Address: CHERRYWOOD RD MOUND Offense: MED MEDICAL Case: OR23009300 Reported: 9/612023 9:57:13 AM Address: VILLAGE TRL MOUND Offense: MED MEDICAL Case: OR23009306 Reported: 916/2023'2:58:34 PM Address: MILLPOND LN MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23009308 Reported: 916/2023'4:04:60 PM Address: IM SUNSET RD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23009313 Reported: 9/6/2023' 7:47:21 PM Address: AM COMMERCE BLVD MOUND Offense: DISUNW DISTURB UNWANTED PERSON Case: OR23009318 Reported: 9/712023 1:36:23 AM Address: LOST LAKE CT & SHORELINE DR MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23009326 Reported: 9/7/2023 8:51:41 AM Address: 10 CYPRESS LN MOUND Offense: SUSACT SUSPICIOUS ACTIVITY Case: OR23009339 Reported: 9/7/2023 4:26:20 PM Address: fM COMMERCE BLVD MOUND Offense: 171.24.1 Traffic -Drivers License -Driving After Suspension Case: OR23009341 Reported: 9/712023' 4:57:58'PM Address: I MANCHESTER RD MOUND Offense: ANCOMP ANIMAL COMPLAINT/OTHER Case: OR23009343 Reported: 9/7/2023' 5:20:36'PM Address: 1MCANARY LN MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23009351 Reported: 9/8/2023' 2:48:55 AM Address: MOUND Offense: 609.2242.1(1) Domestic Assault -Misdemeanor -Commits Act to Cause Fear of Immediate Bodily Harm or Death Offense: 609.50.1(1) Obstruct Legal Process -Lawful Execution Legal Process Case: OR23009368 Reported: 9/8/2023 9:20:48 AM Address: PHEASANT CIR MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Report Ran: 10/3/2023 2:14:29 PM 2735 Page 2 of 8 Report: OR - FBR - Activity Report - Public Case: OR23009393i Reported: 9/9/2023 10:21:41 AM Address: BELLAIRE LN & ALDER RD MOUND Offense: ASLIFT LIFT ASSIST Case: OR23009396Reported: 91912023I1:36:48 PM Address: IMCOMMERCE BLVD MOUND Offense: MISTRES MISC OFCR TRESPASS NOTICE SERVED Case: OR23009403 Reported: 9/9/2023 1:27:12 PM Address:lr COMMERCE BLVD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23009407 Reported: 9/9/2023;5:43:18 PM Address: BARTLETT BLVD & SHORELINE DR MOUND Offense: 168.35 Motor Vehicle Registration - Intent to Escape Tax Offense: 169.797.3 Traffic Regulation -Uninsured Vehicle -Driver Violation Offense: 171.24.2 Traffic -Drivers License -Driving After Revocation Case: OR23009411 Reported: 9/9/2023 9:53:51 PM Address: THREE POINTS BLVD & COUNTY ROAD 110 N MOUND Offense: 169A.20.1(1) Traffic - DWI - Operate Motor Vehicle Under Influence of Alcohol Offense: 169A.20.1(5) Traffic - DWI - Operate Motor Vehicle - Alcohol Concentration 0.08 Within 2 Hours Offense: 169A.26.1(a) Traffic - DWI - Third -Degree Driving While Impaired; 1 Aggravating Factor Case: OR23009423 Reported: 9/10/2023 11:59:20 AM Address: 40CANARY LN MOUND Offense: ASOA ASSIST OTHER AGENCY Case: OR23009425i Reported: 9/10/2023 12:34:58 PM Address: TUXEDO BLVD &'WILSHIRE BLVD MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR23009429 Reported: 9/10/2023 1:42:25 PM Address: MOUND Offense: JUVPROT JUV-CHILD PROTECTION Case: OR23009431: Reported: 9/10/2023 4:31:19 PM Address:' COMMERCE BLVD MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR23009440 Reported: 9/10/2023 7:38:36 PM Address: fft ISLAND VIEW DR MOUND Offense: DISNEI DISTURB NEIGHBORHOOD Case: OR23009443I Reported: 9/10/2023 8:31:28 PM Address: AWDRURY LN MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23009446 Reported: 9/10/2023 9:56:05 PM Address: TONKAWOOD RD MOUND Offense: SUSVEH SUSPICIOUS VEHICLE Case: OR23009450 Reported: 9/11/2023 12:18:10 AM Address:IMBARTLETT BLVD MOUND Offense: MEDOD MEDICAL -OVERDOSE Case: OR23009453 Reported: 9/11/2023 6:20:03 AM Address: SHORELINE DR MOUND Offense: MISVAN MISC VANDALISM Case: OR23009456 Reported: 9/11/2023 7:25:15 AM Address:� HALSTEAD LN MOUND Offense: MED MEDICAL Case: OR23009462 Reported: 9/11/2023 8:41:01 AM Address: IM NORWOOD LN MOUND Offense: MED MEDICAL Report Ran: 10/3/2023 2:14:29 PM 2736 Page 3 of 8 Report: OR - FBR - Activity Report - Public Case:OR23009489Reported: 9/11/2023 5:52:13 PM Address:41ftCOMMERCE 'BLVD MOUND Offense: MED MEDICAL Case: OR23009495 Reported: 9/11/2023 9:27:18 PM Address: Oft RUSTICWOOD RD MOUND Offense: 30-50(c)(2) (Mound)Recreational Fires -Equipment to control and extinguish the fire available at all time during burning Offense: 30-51(a) (Mound)Open burning prohibited, except a recreational fire, without a permit Case: OR23009507 Reported: 9/12/2023 10:26:17 AM Address: HALSTEAD LN MOUND Offense: SUSACT SUSPICIOUS ACTIVITY Case: OR23009510+ Reported: 9/12/2023 11:10:33 AM Address: 4= FINCH LN MOUND Offense: MISABV MISC OFCR ABANDONED VEHMUNK Case: OR23009517 Reported: 9/11/2023 12;00:00 PM Address: MOUND Offense: 609.595.3 Damage to Property-4th Deg -Intentional Damage -Other Circumstances Case: OR23009520 Reported; 9/12/2023 2:44:41 PM Address: Ift COMMERCE BLVD MOUND Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR23009532' Reported: 9/12/2023 8:57:16 PM Address: 101111111 LAFAYETTE' LN MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23009536 Reported: 9/13/2023 2:03:00 AM Address:W SHORELINE DR MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23009544 IReported: 9/13/2023 10:29:33 AM Address: M COMMERCE BLVD MOUND Offense: 609.52.2(a)(1) Theft-Take/Use/Transfer Movable Prop -No Consent Case: OR23009562 Reported: 9/13/2023 5:25:08 PM Address: V WILDHURST LN MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23009572 Reported: 9/14/2023 8:02:33 AM Address: Oft SHORELINE DR MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23009573 Reported: 9/14/2023 8:45:09 AM Address:41111111110 VILLAGE TRL MOUND Offense: MISUNFCRM MISC UNFOUNDED CRIME Case: OR23009574 Reported: 9/14/2023 10:14:27 AM Address: MWPHEASANT'CIR MOUND Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR23009576 Reported: 9/14/2023 12:29:10 PM Address: � HALSTEAD LN MOUND Offense: ASLIFT LIFT ASSIST Case: OR23009577 Reported: 9/14/2023 12:39:53 PM Address: IM MAYWOOD RD MOUND Offense: PKCOMP PARKING COMPLAINT Case: OR23009579 Reported: 9/14/2023 1:31:45 PM Address: BALSAM RD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23009582 Reported: 9/14/2023 2:11:17 PM Address: t BARTLETT BLVD MOUND Offense: 609.52.2(a)(1) Theft-Take/Use/Transfer Movable Prop -No Consent Case: OR23009595 Reported: 9/14/2023 10:04:37 AM Address: 0% SHORELINE DR MOUND Offense: 609.52.2(a)(13) Theft -Obtain Services -No Payment Report Ran: 10/3/2023 2:14:29 PM 2737 Page 4 of 8 Report: OR - FBR - Activity Report - Public Case: OR23009597Reported: 9/14/2023 4:19:52 PM Address: AM BELMONT LN MOUND Offense: MISHRO MISC PUBLIC HARRASSMENT RESTRAINING ORDER Case: OR23069601' Reported: 9/14/2023 5:20:34 PM Address: fW ARBOR LN MOUND Offense: ALRES ALARM RESIDENCE Case: OR23009604 Reported: 9/14/2023 8:11:54 PM Address: WILSHIRE BLVD & BRIGHTON BLVD MOUND Offense: ACPUB ACC -ACCIDENT PUBLIC Case: OR23009627' Reported: 9/15/2023 5:29:12 PM Address: fie DALE RD MOUND Offense: 168.09.4 Motor Vehicle Registration - Operate Vehicle With Expired Registration Case: OR23009632' Reported: 9/14/2023 8:00:00 PM Address: BRIGHTON BLVD & WILSHIRE BLVD MOUND Offense: LOSTPR LOST PROPERTY Case: OR23009649 Reported: 9/16/2023 5:37:18 PM AddressAft PHEASANT CIR MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR23009657' Reported: 9116/2023 8:04:43 PM Address: M MILLPOND LN MOUND Offense: DISNEI DISTURB NEIGHBORHOOD Case: OR23009671 Reported: 9/17/2023 9:57:50 AM Address:W COMMERCE BLVD MOUND Offense: SUSPER SUSPICIOUS PERSON Case: OR23009672 Reported: 9/17/2023 1:26:01 PM Address:$W SHORELINE DR MOUND Offense: MISUT MISC OFCR UNFOUNDED THEFT Case: OR23009698 Reported; 9/18/2023 1120:59 AM Address: BARTLETT BLVDI& WILSHIRE BLVD MOUND Offense: 169.13.1(a) Traffic - Reckless driving; Drives Consciously Disregarding a Substantial or Unjustifiable Risk Offense: 169.791.7 Traffic Regulation - False Information to Officer or Court Regarding Vehicle Insurance Offense: 169.797.2 Traffic Regulation -Uninsured Vehicle -Owner Violation Offense: 609.595.1(4) Damage to Property - 1st Degree - Value Reduced Over $1000 Case: OR23009704 Reported: 9/18/2023 5:43:19 PM Address: IM COMMERCE BLVD MOUND Offense: ACPUB ACC -ACCIDENT PUBLIC Case: OR23009712 Reported: 9118/2023 9:39:36 PM Address: IM EAGLE LN MOUND Offense: MISCOMP MISC OFCR DRIVING COMPLAINT Case: OR23009725 Reported: 9/19/2023 8:40:07 AM Address: AM COMMERCE BLVD MOUND Offense: 609.527.2 Identity Theft-Transfers/Possesses/Uses Identity of Other Person Case: OR23009738 Reported: 9/19/2023 2:37:09 PM Address: 00 BALSAM RID MOUND Offense: 609.582.3(a) Burglary - 3rd Degree - Enters w/out consent with intent to Steal/Commit Felony or Gross Misdemeanor Case: OR23009742 Reported: 9/19/2023 6:09:30 PM Address; IM BRIGHTON BLVD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23009748 Reported: 9/20/2023 1:18:14 AM Address: AUDITORS RD &'SHORELINE DR MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23009751 Reported: 9/20/2023 8:05:02 AM Address: II MCOMMERCE BLVD MOUND Offense: FIREMUL FIRE MULTIPLE DWELLING Report Ran: 10/3/2023 2:14:29 PM 2738 Page 5 of 8 Report: OR - FBR - Activity Report - Public Case: OR23009753 Reported: 9/20/2023 8:39:11'AM Address: IM RIDGEWOOD RD MOUND Offense: SUIDEA SUICIDE DEATH Case: OR23009754 Reported: 9/20/2023 9:43:04 AM Address: GRANDVIEW BLVD & BELLAIRE LN MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR23009758 Reported: 9/20/2023 11:51:59 AM Address:IM COMMERCEBLVD MOUND Offense: ALFIRE ALARM FIRE Case: OR23009761 ! Reported: 9/20/2023 2:46:41 PM Address: fM WILSHIRE BLVD MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR23009764 Reported: 9/20/2023 6:29:17 PM Address: dM ARBOR LN MOUND Offense: ALFIRE ALARM FIRE Case: OR23009799 Reported: 9/2112023 4:06:07 PM Address:41MBARTLETT BLVD .MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR23009803' Reported: 9/21/2023 10:52:00 PM Address: �BARTLETT BLVD MOUND Offense: ANBIT ANIMAL BITE Case: OR23009813 Reported: 9/22/2023 9:39:09 AM Address: 4M TUXEDO BLVD MOUND Offense: ANBARK ANIMAL DOG BARKING Case: OR23009822 Reported: 9/22/2023 12:47:33 PM Address:l= EDGEWATER DR MOUND Offense: MISSCAM MISC OFCR SCAM/SWINDLE Case: OR23009825! Reported: 9/22/2023 1:33:48 PM Address: do COMMERCE BLVD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23009831' Reported: 9/22/2023 4:25:47 PM Address: MW COMMERCE BLVD MOUND Offense: ADLOCK ADMIN LOCKOUT CAR/HOUSE Case: OR23009832 Reported: 9/22/2023 4:42:39 PM Address: MITUXEDO BLVD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23009837 Reported: 9/22/2023 7:09:58 PM Address: f4M LAKESIDE LN MOUND Offense: SUSPER SUSPICIOUS PERSON Case: OR23009859 Reported: 9/23/2023 10:00:01 AM Address: BALSAM RD & COMMERCE BLVD MOUND Offense: MISCOMP MISC OFCR DRIVING COMPLAINT Case: OR23009872 Reported: 9/23/2023 6:21:24 PM Address: IMTUXEDO BLVD MOUND Offense: MISUTL MISC OFCR UTILITIES Case: OR23009882 Reported: 9/24/2023 1:54:33 AM Address: 2W COMMERCE BLVD MOUND Offense: ALFAL ALARM FALSE Case: OR23009895 Reported: 9/24/2023 12:34:02 PM Address: AFTON RD & BRIGHTON'BLVD MOUND Offense: 169A.27.1 DWI - Fourth -Degree Driving While Impaired; Described Offense: ACPUB ACC -ACCIDENT PUBLIC Offense: 169A.20.1(1) Traffic - DWI - Operate Motor Vehicle Under Influence of Alcohol Report Ran: 10/3/2023 2:14:29 PM 2739 Page 6 of 8 Report: OR - FBR - Activity Report - Public Offense: 169A.20.1(5) Traffic - DWI - Operate Motor Vehicle - Alcohol Concentration 0.08 Within 2 Hours Offense: 169A.25.1(a) Traffic - DWI - Second -Degree Driving While Impaired; 2 or more Aggravating Factors Offense: 609.50.1(2) Obstruct Legal Process -Interfere w/Peace Officer Case: OR23009924i Reported: 9/25/2023 9:32:26 PM Address: M TUXEDO BLVD MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23009928Reported: 9/26/2023 3:17:24 AM Address; WILSHIRE BLVD MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23009934 Reported: 9/25/2023 9:50:00 AM Address: WILSHIRE BLVD MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR23009937 Reported: 9/26/2023 10:48:55 AM Address: ENCHANTED RD & GULL LN MOUND Offense: ANAL ANIMAL AT LARGE Case: OR23009944' Reported: 9/26/2023 3:31:16 PM Address:IM COMMERCE BLVD MOUND Offense: 609.52.2(a)(1) Theft-Take/Use/Transfer Movable Prop -No Consent Case: OR23009947 Reported: 9/26/2023 7:08:42 PM Address: M BASSWOOD LN MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23009956 Reported: 9/27/2023 8:30:07 AM Address: M BASSWOOD LN MOUND Offense: MED MEDICAL Case: OR23009962 Reported: 9/27/2023 2:40:47 PM Address:SNORWOOD LN MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23009971 Reported: 9/2712023 7:37:43 PM Address: AM BALSAM RD MOUND Offense: FOPR FOUND PROPERTY Case: OR23009973 Reported: 9/27/2023 8;02:58 PM Address: JMLYNWOOD BLVD MOUND Offense: ASPUB ASSIST PUBLIC Case: OR23009983 Reported: 9/28/2023 8:02:30 AM Address: MW DALE RD MOUND Offense: MISVAN MISC VANDALISM Case: OR23009988 Reported: 9128/2023 9:59:39 AM Address:450 BARTLETT BLVD MOUND Offense: HDEATH HOSPICE DEATH Case: OR23009994 Reported: 9/28/2023 1:48:51 PM Address: W BAYPORT RD MOUND Offense: DISNOI DISTURB NOISE COMPLAINT Case: OR23010002 Reported: 9/28/2023 10:28:27 PM Address:4111111111FZERO GRAVITY PARK MOUND Offense: ASPUB ASSIST PUBLIC Case: OR23010023 Reported: 9/29/2023 8:31:45 PM Address: So WESTEDGE BLVD MOUND Offense: ANPDD ANIMAL POTENTIAL DANGEROUS DOG Case: OR23010032 Reported: 9/30/2023 1:32:25 AM Address: IMCOMMERCE BLVD ' MOUND Offense: MISLOC MISC OFCR VEHICLE LOCKOUT Case: OR23010034 Reported: 9/30/2023 3:45:50 AM Address: OWCOMMERCE BLVD MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Report Ran: 10/3/2023 2:14:29 PM 2740 Page 7 of 8 Report: OR - FBR - Activity Report - Public Case: OR23010037 Reported: 9/30/2023 8:09:59'AM Address: AN SHORELINE DR MOUND Offense: MED MEDICAL Case: OR23010044 Reported: 9/30/2023 9:40:28'AM Address:I! WILSHIRE BLVD MOUND Offense: MED MEDICAL Case: OR23010045 Reported: 9/30/2023 9:29:44AM Address: MOUND Offense: 609.2247,2 Domestic Assault - By Strangulation Case: OR23010061 Reported: 9/30/2023 3:23:29 PM Address: MOUND Offense: MISWRN MISC OFCR WARNING TICKET Case: OR23010066' Reported: 9/30/2023 7:59:21 PM Address: BRIGHTON BLVD MOUND Offense: MED MEDICAL Case: OR23010068 Reported: 9/30/2023 9:55:24 PM Address: MOUND Offense: 169.797.3 Traffic Regulation -Uninsured Vehicle -Driver Violation Offense: ACPUB ACC -ACCIDENT PUBLIC Total 125 Cases: Report Ran: 10/3/2023 2:14:29 PM 2741 Page 8 of 8 Report: OR - FBR - Activity Report - Public Orono Police Department Crime Summary Report Cities: MOUND Date Range: 10/12023 12:00:01 AM - 10M2023 11: 59: 59 PM Crime Category: All Other Offense 168.35 Motor Vehicle Registration - Intent to Escape Tax 1 168A.30.2(2) Motor Vehicle Title - Fail to Mail/Deliver Certificate of Title to Dept.w! Timeframes Specified 1 42-4(26) (Mound)Public Nuisances - Construction Material Left in Open 60 Days After Completion or Cart of Occupancy 1 609.78.2(1) Emergency Telephone Calls/Communications - Interrupt, Interfere, Impede, Disrupt 911 Call 2 609.821.2(2) Financial Transaction Card Fraud -Use Forged 1 Crime Category: Driving Under the Influence 169A.20.2(1) Traffic - DWI - Refuse to submit to chemical test; Breath or test refusal or failure 1 Crime Category: Drug/Narcotic Violations IF 1 152.021.2(a)(1) Drugs - 1st Degree - Possess 50 grams or more - cocaine or methamphetamine 1 Crimeetenses/Swindle]Lnfidence Game 171.22.1(1) Drivers' Licenses - Display/Possess Fictitious or Fraudulently Altered DL or MN ID 1 609.52.2(a)(4) Theft -By Swindle 2 169.79.1 Traffic Regulation - Vehicle Registration/Permit/Plates Required 1 169.797.2 Traffic Regulation -Uninsured Vehicle -Owner Violation 1 169.81.5(a) Traffic Regulation - Vehicle Load Not Secured Properly- Leaking, Dropping, Blowing on Road 1 171.11 Drivers' Licenses - Failure to Obtain New Driver's License after Changing Name or Address 1 70-32(d) (Mound)Park more than 30 mins between 2 am and 6 am or longer than 24 hrs in any one place 1 ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE 1 ACPDHR ACC -MOTOR VEH PROPERTY DAMAGE -HIT & RUN 2 ACPDPI ACC -ACCIDENT POLICE PERSONAL INJURY 1 ACPUB ACC -ACCIDENT PUBLIC 2 ADBKADMIN BACKGROUND 1 ANBARK ANIMAL DOG BARKING 1 ANBIT ANIMAL BITE 2 ANCOMP ANIMAL COMPLAINT/OTHER 1 Report Ran: 11/62023 3:47:18 PM Page 1 of 3 Report: OR - FBR - Crime Summary Report 2742 ANROD ANIMAL REGISTERED DANGEROUS DOG ASPUB ASSIST PUBLIC BCARD B CARD VIOLATION DEATH DEATH INVESTIGATION DISDOM DISTURB DOMESTIC DISHAR DISTURB HARASSMENT DISNEI DISTURB NEIGHBORHOOD DISNOI DISTURB NOISE COMPLAINT DISTHR DISTURB THREAT DISUNW DISTURB UNWANTED PERSON FIREORD FIRE ORDINANCE VIOLATION FOBI FOUND BICYCLE FOPR FOUND PROPERTY JUVPROB JUV-CHILD PROBLEM LOSTDOG LOST DOG LOSTPR LOST PROPERTY MED MEDICAL MEDCR MEDICAL CRISIS MEDMH MEDICAL MENTAL HEALTH MIS911 MISC FALSE 911 CALL MISCIV MISC PUBLIC CIVIL MATTER MISCPS MISC PUBLIC CIVIL PAPER SERVICE MISFRA MISC OFCR FRAUD MISHRO MISC PUBLIC HARRASSMENT RESTRAINING ORDER MISINFO MISC OFCR INFORMATION MISINFOID MISC OFCR INFO ID THEFT -TRANS CARD FRAUD MISLOC MISC OFCR VEHICLE LOCKOUT MISSW MISC OFCR SEARCH WARRANT SERVICE MISTRAF MISC OFCR ROAD CONDITION/DEBRIS MISTRES MISC OFCR TRESPASS NOTICE SERVED MISUT MISC OFCR UNFOUNDED THEFT MISVAN MISC VANDALISM MISWA MISC OFCR WARRANT ARREST MISWEL MISC OFCR WELFARE CHECK MISWRN MISC OFCR WARNING TICKET ORD ORD LOCAL ORDINANCE VIOLATIONS ORDNUI ORD NUISANCE ORD VIOLATION PKHAND PARKING HANDICAPPED SUSACT SUSPICIOUS ACTIVITY Report Ran: 11/62023 3:47:18 PM Report: OR - FBR - Crime Summary Report Page 2 of 3 2743 FYR.9»♦FYR.9�P7P1R.9�q Y�PI Crime Category: Simple Assault' 609.224.1 Assault-5th Degree -Misdemeanor 609.2242.1(2) Domestic Assault -Misdemeanor -Intentionally Inflicts/Attempts to Inflict Bodily Harm on Another Report Ran: 11/62023 3:47:18 PM Report: OR - FBR - Crime Summary Report Total All Categories: 116 Page 3 of 3 2744 Orono Police Department Activity Report - Public (If Juvenile involved, no address provided) Cities: MOUND Date Range: 10/1/2023 12:00:01 AM - 10/31/2023 11:59:59 PM Case: OR23010082 Reported: 10/1/2023 2:16:47 PM Address: , COMMERCE BLVD MOUND Offense: 169A.20.2(1) Traffic - DWI - Refuse to submit to chemical test; Breath or test refusal or failure Case: OR23010098 Reported: 10/2/2023 8:13:51 AM Address. SOUTHVIEW CT MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23010102 Reported: 10/2/2023 11:26:46 AM Address: YNWOOD BLVD MOUND Offense: MISFRA MISC OFCR FRAUD Case: OR23010103 Reported: 10/2/2023 12:15:38 PM Address: NILSHIRE BLVD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23010116 Reported: 10/2/2023 8:42:38 PM Address 3 HANOVER RD MOUND Offense: 42-4(26) (Mound)Public Nuisances - Construction Material Left in Open 60 Days After Completion or Cert of Occupancy Case: OR23010117 Reported: 10/2/2023 4:29:53 PM Address: 'i COMMERCE BLVD MOUND Offense: MISCPS MISC PUBLIC CIVIL PAPER SERVICE Case: OR23010131 Reported: 10/3/2023 12:29:32 PM Address: ; i HOLT LN MOUND Offense: 171.22.1(1) Drivers' Licenses - Display/Possess Fictitious or Fraudulently Altered DL or MN ID Offense: MISSW MISC OFCR SEARCH WARRANT SERVICE Case: OR23010150 Reported: 10/3/2023 10:19:11 PM Address: WILSHIRE BLVD & MAYWOOD RD MOUND Offense: MISWRN MISC OFCR WARNING TICKET Case: OR23010164 Reported: 10/4/2023 12:27:07 PM Address: ; COMMERCE BLVD MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR23010171 Reported: 10/4/2023 3:35:20 PM Address: 1 LYNWOOD BLVD MOUND Offense: DISHAR DISTURB HARASSMENT Case: OR23010182 . Reported: 10/5/2023 7:42:39 AM Address: SHORELINE DR MOUND Offense: BCARD B CARD VIOLATION Offense: MED MEDICAL Case: OR23010185 Reported: 10/5/2023 9:15:42 AM Address: i 1 SUFFOLK RD MOUND Offense: 609.821.2(2) Financial Transaction Card Fraud -Use Forged Case: OR23010187 Reported: 10/5/2023 10:26:00 AM Address: 3 DORCHESTER RD MOUND Offense: MED MEDICAL :Case: OR23010189 Reported: 10/5/2023 1:10:04 PM Address: AVOCET LN MOUND Offense: MISINFO MISC OFCR INFORMATION Report Ran: 11/6/2023 3:45:13 PM 2745 Page 1 of 7 Report: OR - FBR - Activity Report - Public Case: OR23010193 Reported: 10/5/2023 4:44:35 PM Address: 3 ALDER RD MOUND Offense: MED MEDICAL Case: OR23010194 Reported: 10/5/2023 5:24:10 PM Address: MILLPOND LN MOUND Offense: DISNEI DISTURB NEIGHBORHOOD Case: OR23010197 Reported: 10/5/2023 8:59:32 PM Address GRANDVIEW BLVD MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23010212 Reported: 10/6/2023 4:39:00 PM Address: 1 SHORELINE DR MOUND Offense: FOBI FOUND BICYCLE Case: OR23010217 Reported: 10/6/2023 10:03:57 PM Address: 1 HANOVER RD MOUND Offense: ORDNUI ORD NUISANCE ORD VIOLATION Case: OR23010225 Reported: 10/7/2023 11:50:51 AM Address: ' INVERNESS LN MOUND Offense: ANROD ANIMAL REGISTERED DANGEROUS DOG Case: OR23010228 Reported: 10/7/2023 12:47:25 PM Address: BASSWOOD LN MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23010236 Reported: 10/7/2023 5:57:24 PM Address: -"- .SUNSET RD MOUND Offense: 609.78.2(1) Emergency Telephone Calls/Communications - Interrupt, Interfere, Impede, Disrupt 911 Call Case: OR23010248 Reported: 10/8/2023 8:30:10 AM Address: 3ALSAM RD MOUND Offense: DISDOM DISTURB DOMESTIC Offense: MISTRES MISC OFCR TRESPASS NOTICE SERVED Case: OR23010264 Reported: 10/8/2023 10:48:55 PM Address: LYNWOOD BLVD MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR23010305 Reported: 10/10/2023 1:27:45 PM Address: NILSHIRE BLVD MOUND Offense: DISHAR DISTURB HARASSMENT Case: OR23010309 Reported: 10/10/2023 3:00:09 PM Address: SULGROVE RD MOUND Offense: SUSACT SUSPICIOUS ACTIVITY Case: OR23010328 Reported: 10/11/2023 12:56:56 PM Address '5 WILSHIRE BLVD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23010333 Reported: 10/11/2023 3:23:38 PM Address: COMMERCE BLVD MOUND Offense: ANCOMP ANIMAL COMPLAINT/OTHER Case: OR23010336 Reported: 10/11/2023 5:58:25 PM Address: HAMPTON RD MOUND Offense: ANBIT ANIMAL BITE Case: OR23010338 Reported: 10/11/2023 5:41:01 PM Address: LYNWOOD BLVD & COMMERCE BLVD MOUND Offense: ANBIT ANIMAL BITE Case: OR23010349 Reported: 10/12/2023 10:19:59 AM Address: WILSHIRE BLVD MOUND Offense: MED MEDICAL Case: OR23010352 Reported: 10/12/2023 11:07:50 AM Address: LYNWOOD BLVD MOUND Offense: MISLOC MISC OFCR VEHICLE LOCKOUT Report Ran: 11/6/2023 3:45:13 PM 2746 Page 2 of 7 Report: OR - FBR - Activity Report - Public Case: OR23010354 Reported: 10/12/2023 10:21:56 AM Address, SHORELINE DR MOUND Offense: MISINFOID MISC OFCR INFO ID THEFT -TRANS CARD FRAUD Case: OR23010359 Reported: 10/12/2023 2:26:57 PM Address: RED OAK RD MOUND Offense: DISHAR DISTURB HARASSMENT Case: OR23010360 Reported: 10/12/2023 3:56:03 PM Address: LYNWOOD BLVD MOUND Offense: 609.224.1 Assault-5th Degree -Misdemeanor Case: OR23010361 Reported: 10/12/2023 4:30:34 PM Address: - ORELINE DR & WILSHIRE BLVD MOUND Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR23010370 Reported: 10/13/2023 6:27:59 AM Address: BARTLETT BLVD & COMMERCE BLVD MOUND Offense: MISTRAF MISC OFCR ROAD CONDITION/DEBRIS Case: OR23010373 Reported: 10/13/2023 7:43:25 AM Address: COMMERCE BLVD MOUND Offense: ASPUB ASSIST PUBLIC Case: OR23010382 Reported: 10/13/2023 10:56:48 AM Address: SHORELINE DR MOUND Offense: MISTRAF MISC OFCR ROAD CONDITION/DEBRIS Case: OR23010389 Reported: 10/13/2023 6:04:27 PM Address: ' SUMACH LN MOUND Offense: 609.52.2(a)(4) Theft -By Swindle Case: OR23010403 Reported: 10/14/2023 12:56:40 PM Address: CYPRESS LN MOUND Offense: SUSACT SUSPICIOUS ACTIVITY Case: OR23010407 Reported: 10/14/2023 3:18:38 PM Address: SHORELINE DR MOUND Offense: MEDCR MEDICAL CRISIS Case: OR23010419 Reported: 10/14/2023 9:04:24 PM Address: COMMERCE BLVD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23010422 Reported: 10/14/2023 11:26:05 PM Address: =ASGOW RD MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR23010429 Reported: 10/15/2023 9:15:36 AM Address: PELICAN POINT CIR MOUND Offense: SUSPER SUSPICIOUS PERSON Case: OR23010432 Reported: 10/15/2023 1:09:12 PM Address HAZELWOOD LN MOUND Offense: ANBARK ANIMAL DOG BARKING Case: OR23010433 Reported: 10/15/2023 12:57:09 PM Address: - NVERNESS LN MOUND Offense: LOSTDOG LOST DOG Case: OR23010446 —Reported: 10/15/2023 4:43:46 PM Address: COMMERCE BLVD MOUND Offense: SUSACT SUSPICIOUS ACTIVITY Case: OR23010453 Reported: 10/15/2023 9:25:15 PM Address: r EDEN RD MOUND Offense: LOSTPR LOST PROPERTY Case: OR23010461 Reported: 10/16/2023 5:45:15 AM Address: ' DUNDEE LN MOUND Offense: MISVAN MISC VANDALISM Report Ran: 11/6/2023 3:45:13 PM 2747 Page 3 of 7 Report: OR - FBR - Activity Report - Public Case: OR23010482 Reported: 10/16/2023 5:40:16 PM Address: HANOVER RD MOUND Offense: ACPDHR ACC -MOTOR VEH PROPERTY DAMAGE -HIT & RUN Case: OR23010487 Reported: 10/16/2023 8:17:47 PM Address. LYNWOOD BLVD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23010490 Reported: 10/16/2023 9:57:25 PM Address.',SHORELINE DR MOUND Offense: 152.021.2(a)(1) Drugs - 1st Degree - Possess 50 grams or more - cocaine or methamphetamine Offense: 168.35 Motor Vehicle Registration - Intent to Escape Tax Offense: 168A.30.2(2) Motor Vehicle Title - Fail to Mail/Deliver Certificate of Title to Dept.w/i Timeframes Specified Offense: 169.797.2 Traffic Regulation -Uninsured Vehicle -Owner Violation Offense: 169.81.5(a) Traffic Regulation - Vehicle Load Not Secured Properly - Leaking, Dropping, Blowing on Road Offense: 171.11 Drivers' Licenses - Failure to Obtain New Driver's License after Changing Name or Address Case: OR23010514 Reported: 10/17/2023 4:29:40 PM Address: AKESIDE LN MOUND Offense: MED MEDICAL Case: OR23010519 Reported: 10/17/2023 7:17:54 PM Address: BELMONT LN & LYNWOOD BLVD MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23010521 Reported: 10/17/2023 8:09:23 PM Address:. THREE POINTS BLVD MOUND Offense: SUSACT SUSPICIOUS ACTIVITY Case: OR23010529 Reported: 10/18/2023 8:00:53 AM Address: GRANDVIEW BLVD MOUND Offense: PKHAND PARKING HANDICAPPED Case: OR23010530 Reported: 10/18/2023 8:21:27 AM Address, FAIRVIEW LN MOUND Offense: DISTHR DISTURB THREAT Case: OR23010531 Reported: 10/18/2023 8:30:15 AM Addressl SHORELINE DR MOUND Offense: LOSTPR LOST PROPERTY Case: OR23010534 Reported: 10/18/2023 10:24:20 AM Address: BAYPORT RD MOUND Offense: 169.79.1 Traffic Regulation - Vehicle Registration/Permit/Plates Required Offense: 70-32(d) (Mound)Park more than 30 mins between 2 am and 6 am or longer than 24 hrs in any one place Case: OR23010537 Reported: 10/18/2023 12:33:01 PM Address: ZESTHAVEN LN MOUND Offense: ACPUB ACC -ACCIDENT PUBLIC Case: OR23010541 Reported: 10/18/2023 2:47:48 PM Address: v1ANCHESTER RD MOUND Offense: MEDMH MEDICAL MENTAL HEALTH ase. OR23010554 Reported: 10/19/2023 1:48:46 AM Address: WILSHIRE BLVD MOUND Offense: DISDOM DISTURB DOMESTIC se: OR23010607 Reported: 10/19/2023 12:50:00 PM Address, OST LAKE RD MOUND Offense: MISHRO MISC PUBLIC HARRASSMENT RESTRAINING ORDER 'Case: OR23010614 Reported: 10/20/2023 6:29:22 PM Addressl VILSHIRE BLVD MOUND Offense: ASPUB ASSIST PUBLIC Report Ran: 11/6/2023 3:45:13 PM 2748 Page 4 of 7 Report: OR - FBR - Activity Report - Public Case: OR23010620 Reported: 10/20/2023 7:30:53 PM Address: SHORELINE DR MOUND Offense: MED MEDICAL Case: OR23010623 Reported: 10/20/2023 8:28:47 PM Address: EDGEWATER DR & SANDY LN MOUND Offense: MISWA MISC OFCR WARRANT ARREST Case: OR23010639 Reported: 10/21/2023 9:27:50 AM Address: WILSHIRE BLVD MOUND Offense: DEATH DEATH INVESTIGATION Case: OR23010645 Reported: 10/21/2023 6:47:31 PM Address: BARTLETT BLVD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23010664 Reported: 10/22/2023 1:39:47 AM Address: CLOVER CIR MOUND Offense: JUVPROB JUV-CHILD PROBLEM Case: OR23010673 Reported: 10/22/2023 11:57:05 AM Address: COMMERCE BLVD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23010694 Reported`. 10/22/2023 6:53:32 PM Address: 1 WATERBURY RD MOUND Offense: DISNEI DISTURB NEIGHBORHOOD Case: OR23010704 Reported: 10/22/2023 11:25:33 PM Address. SUNSET RD MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23010707 Reported: 10/23/2023 5:51:06 AM Address LAKESIDE LN MOUND Offense: ORD ORD LOCAL ORDINANCE VIOLATIONS Case: OR�718 Repor dr 10/23/2Q23 12z17:12 PM Address MILLPOND LN MOUND Offense: DISUNW DISTURB UNWANTED PERSON Case: OR23010724 Reported: 10/23/2023 6:50:49 PM Address THREE POINTS BLVD MOUND Offense: LOSTPR LOST PROPERTY Case: OR23010725 Reported: 10/23/2023 7:29:24 PM Address i COMMERCE BLVD MOUND Offense: MISWA MISC OFCR WARRANT ARREST Case: OR23010727 Reported: 10/23/2023 8:44:04 PM Address 2 WATERBURY RD MOUND Offense: MIS911 MISC FALSE 911 CALL Case: OR23010747 Reported: 10/24/2023 1:22:40 PM Address' MAYWOOD RD MOUND Offense: ASPUB ASSIST PUBLIC Case: OR23010755 Reported: 10/25/2023 7:11:54 AM Address. EMERALD DR MOUND Offense: DISUNW DISTURB UNWANTED PERSON Case: OR23010763 Reported: 10/25/2023 10:56:04 AM Address' ,EDAR LN MOUND Offense: MED MEDICAL Case: OR23010777 Reported: 10/25/2023 9:30:06 PM Address 3LAND VIEW DR MOUND Offense: 609.2242.1(2) Domestic Assault -Misdemeanor -Intentionally Inflicts/Attempts to Inflict Bodily Harm on Another Offense: 609.78.2(1) Emergency Telephone Calls/Communications - Interrupt, Interfere, Impede, Disrupt 911 Call Case: OR23010782 Reported: 10/10/2023 8:20:00 AM Address: COMMERCE BLVD/THREE POINTS BLVD MOUND Offense: FOPR FOUND PROPERTY Report Ran: 11/6/2023 3:45:13 PM 2749 Page 5 of 7 Report: OR - FBR - Activity Report - Public Case: OR23010783 Reported: 10/26/2023 10:44:15 AM Address: "-- CARRICK RD MOUND Offense: MISFRA MISC OFCR FRAUD Case: OR23010795 Reported: 10/26/2023 4:10:38 PM Address: COMMERCE BLVD MOUND Offense: MISUT MISC OFCR UNFOUNDED THEFT Case: OR23010798 Reported: 10/26/2023 6:34:14 PM Address: i ISLAND VIEW DR MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR23010799 Reported: 10/26/2023 7:40:12 PM Address: "" SHORELINE DR MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23010808 Reported: 10/27/2023 9:29:25 AM Address: ; YNWOOD BLVD MOUND Offense: ACPDHR ACC -MOTOR VEH PROPERTY DAMAGE -HIT & RUN Case: OR23010820 Reported: 10/27/2023 3:38:27 PM Address: MILLPOND LN MOUND Offense: FOPR FOUND PROPERTY Case: OR23010835 Reported: 10/27/2023 6:25:15 PM Address: ; BARTLETT BLVD MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR23010854 Reported: 10/27/2023 11:15:43 PM Address: SHORELINE DR MOUND Offense: BCARD B CARD VIOLATION Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23010875 Reported: 10/28/2023 9:02:09 AM Address: COOKS BAY BRIDGE MOUND Offense: FOPR FOUND PROPERTY Case: OR23010882 Reported: 10/28/2023 12:08:05 PM Address: WOODLYN RIDGE CT MOUND Offense: MISLOC MISC OFCR VEHICLE LOCKOUT Case: OR23010887 Reported: 10/28/2023 2:26:34 PM Address: SHORELINE DR MOUND Offense: 609.52.2(a)(4) Theft -By Swindle Case: OR23010893 Reported: 10/28/2023 6:14:51 PM Address: COMMERCE BLVD & LYNWOOD BLVD MOUND Offense: ACPDPI ACC -ACCIDENT POLICE PERSONAL INJURY Case: OR23010943 Reported: 10/29/2023 8:12:45 PM Address IAZELWOOD LN MOUND Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23010952 Reported: 10/30/2023 8:11:37 AM Address: HAZELWOOD LN MOUND Offense: DISTHR DISTURB THREAT Case: OR23010961 Reported: 10/30/2023 12:09:10 PM Address: BAY RIDGE RD MOUND Offense: FIREORD FIRE ORDINANCE VIOLATION Case: OR23010963 Reported: 10/30/2023 1:32:46 PM Address ' SHORELINE DR MOUND Offense: MISINFO MISC OFCR INFORMATION "Case: OR23010965 Reported: 10/30/2023 2:04:14 PM Address: COMMERCE BLVD MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR23010978 Reported: 10/30/2023 10:04:28 PM Address: HANOVER RD MOUND Offense: ORD ORD LOCAL ORDINANCE VIOLATIONS Report Ran: 11/6/2023 3:45:13 PM 2750 Report: OR - FBR - Activity Report - Public Page 6 of 7 Case: OR23010986 Reported: 10/31/2023 3:16:25 AM Offense: DISNOI DISTURB NOISE COMPLAINT Case: OR23011001 Reported: 10/31/2023 2:39:15 PM Offense: ADBK ADMIN BACKGROUND .Case:OR23011005 Reported: 10/31/2023 2:56:57 PM Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23011007 Reported: 10/31/2023 3:26:21 PM Offense: ACPUB ACC -ACCIDENT PUBLIC Case: OR23011016 Reported: 10/31/2023 7:49:36 PM Offense: DISNEI DISTURB NEIGHBORHOOD Address: ESSEX LN MOUND Address: WILSHIRE BLVD MOUND Address: WILSHIRE BLVD MOUND Address: COUNTY ROAD 110 N & THREE POINTS BLVD MOUND Address: , RICHMOND RD MOUND Total Cases: 106 Report Ran: 11/6/2023 3:45:13 PM 2751 Page 7 of 7 Report: OR - FBR - Activity Report - Public Orono Police Department Crime Summary Report Cities: MOUND Date Range: 11/12023 12:00:01 AM - 11/302023 11: 59: 59 PM Crime Category: All Other Larce 609.52.2(a)(1) Theft-Take/Use/Transfer Movable Prop -No Consent 609.529.2(4) Mail Theft -Intentionally Removes Mail Addressed to Another without Claim of Right Crime Category: All Other Offenses 609.748.6(a) Harassment; Restraining Order- Violate Restraining Order 609.78.1(4) Make Emergency Call-Police/Fire/Medical/Ambulance-No Emergency 1 1 I 1 1 Crime Category: Disorderly Conduct r 609.72.1(3) Disorderly Conduct - Offensive/Abusive/Boisterous/Noisy/Obscene 1 617.23.1(3) Indecent Exposure -Engage in Lewd/Indecent Behavior 1 Crime Category: Driving Under the Influence 169A.25.1(a) Traffic - DWI - Second -Degree Driving While Impaired; 2 or more Aggravating Factors 1 �y: Family Offenses, No 609.378.1(b)(1) Endanger Child -Situation Could Cause Harm or Death-G 1 gory: Intimidation (Assault) 609.2242.1(1) Domestic Assault -Misdemeanor -Commits Act to Cause Fear of Immediate Bodily Harm or Death 1 Crime Category: Liquor Law Violations 340A.503.2(1) Liquor-Pu rch ase/Sell/Barter/Furnish/Give to u21 yr 2 Crime Allory: Non -Reportable 169.18.8(a) Traffic regulation - following vehicle more closely than reasonable and prudent 1 169.797.2 Traffic Regulation -Uninsured Vehicle -Owner Violation 1 ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE 2 ACPDD ACC -MOTOR VEHICLE PROPERTY DAMAGE -DEER 1 ACPI ACC -MOTOR VEHICLE PERSONAL INJURY 1 ACPUB ACC -ACCIDENT PUBLIC 1 ADLOCK ADMIN LOCKOUT CAR/HOUSE 1 AL FAIL ALARM FALSE 1 Report Ran: 12/52023 12:45:46 PM Page 1 of 2 Report: OR - FBR - Crime Summary Report 2752 ANAL ANIMAL AT LARGE ANBARK ANIMAL DOG BARKING ANBIT ANIMAL BITE ANDD ANIMAL DANGEROUS DOG ASLI FT LIFT ASSIST ASPUB ASSIST PUBLIC DEATH DEATH INVESTIGATION DISDOM DISTURB DOMESTIC DISHAR DISTURB HARASSMENT DISNEI DISTURB NEIGHBORHOOD DISTHR DISTURB THREAT DISUNW DISTURB UNWANTED PERSON FOPR FOUND PROPERTY MED MEDICAL MEDCR MEDICAL CRISIS MEDMH MEDICAL MENTAL HEALTH MIS911 MISC FALSE 911 CALL MISCIV MISC PUBLIC CIVIL MATTER MISHRO MISC PUBLIC HARRASSMENT RESTRAINING ORDER MISINFO MISC OFCR INFORMATION MISLOC MISC OFCR VEHICLE LOCKOUT MISOFP MISC PUBLIC ORDER FOR PROTECTION MISPREDCK MISC PUBLIC PREDATORY OFFENDER COMPLIANCE CK MISUB MISC OFCR UNFOUNDED BURGLARY MISUT MISC OFCR UNFOUNDED THEFT MISVUL MISC PUBLIC VULNERABLE ADULT MISWA MISC OFCR WARRANT ARREST MISWEL MISC OFCR WELFARE CHECK ORD ORD LOCAL ORDINANCE VIOLATIONS PKCOMP PARKING COMPLAINT SUSACT SUSPICIOUS ACTIVITY SUSVEH SUSPICIOUS VEHICLE 609.224.1(2) Assault-5th Deg -Inflict or Attempt Bodily Harm Report Ran: 12/52023 12:45:46 PM Report: OR - FBR - Crime Summary Report Total All Categories: 104 Page 2 of 2 2753 Orono Police Department Activity Report - Public (If Juvenile involved, no address provided) Cities: MOUND Date Range: 11/1/2023 12:00:01 AM - 11/30/2023 11:59:59 PM Case: OR23011022 Reported: 11/1/2023 2:23:11 AM Address: Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23011056 Reported: 11/2/2023 5:55:02 AM Address: "- Offense: DEATH DEATH INVESTIGATION Case: OR23011082 Reported: 11/2/2023 11:20:54 PM Address:: Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23011085 Reported: 11/3/2023 1:11:17 AM Address: Offense: MED MEDICAL Case: OR23011096 Reported: 11/3/2023 1:35:43 PM Address: Offense: MISINFO MISC OFCR INFORMATION Case: OR23011103 Reported: 11/3/2023 4:44:25 PM Address - Offense: DISHAR DISTURB HARASSMENT Case: OR23011104 Reported: 11/3/2023 5:08:40 PM Address: Offense: 609.72.1(3) Disorderly Conduct - Offensive/Abusive/Boisterous/Noisy/Obscene Case: OR23011126 Reported: 11/4/2023 10:37:17 AM Address; Offense: MISUB MISC OFCR UNFOUNDED BURGLARY Case: OR23011137 Reported: 11/4/2023 4:23:14 PM Address: Offense: DISUNW DISTURB UNWANTED PERSON Case: OR23011140 Reported: 11/4/2023 5:48:35 PM Address: Offense: 609.52.2(a)(1) Theft-Take/Use/Transfer Movable Prop -No Consent Case: OR23011153 Reported: 11/4/2023 10:29:59 PM Address:' Offense: MED MEDICAL Case: OR23011172 Reported: 11/5/2023 11:45:23 AM Address Offense: SUSVEH SUSPICIOUS VEHICLE Case: OR23011174 Reported: 11/5/2023 1:05:43 PM Address: Offense: FOPR FOUND PROPERTY Case: OR23011187 Reported: 11/6/2023 1:48:09 AM Address: Offense: ASPUB ASSIST PUBLIC Case: OR23011203 Reported: 11/6/2023 12:03:16 PM Address Offense: MEDMH MEDICAL MENTAL HEALTH MOUND MOUND MOUND MOUND ITAe9109� MOUND MOUND MOUND MOUND 761M� MOUND MOUND MOUND MOUND MOUND Report Ran: 12/5/2023 12:48:10 PM 2754 Report: OR - FBR - Activity Report - Public Page 1 of 6 Case: OR23011220 Reported: 11/6/2023 9:05:41 PM Address: Offense: 169A.25.1(a) Traffic - DWI - Second -Degree Driving While Impaired; 2 or more Aggravating Factors Case: OR23011234 Reported: 11/7/2023 2:06:00 PM Address:' Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23011241 Reported: 11/7/2023 4:45:40 PM Address:: Offense: MIS911 MISC FALSE 911 CALL Case: OR23011255 Reported: 11/8/20231:23:01 PM Address: Offense: MISINFO MISC OFCR INFORMATION Case: OR23011257 Reported: 11/8/2023 4:24:25 PM Address: Offense: 609.378.1(b)(1) Endanger Child -Situation Could Cause Harm or Death-G Case: OR23011260 Reported: 11/8/2023 6:01:32 PM Address: Offense: ACPDD ACC -MOTOR VEHICLE PROPERTY DAMAGE -DEER Case: OR23011263 Reported: 11/8/2023 6:19:55 PM Address: Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23011274 Reported: 11/9/2023 11:41:11 AM Address: Offense: MED MEDICAL Case: OR23011276 Reported: 11/9/2023 12:53:24 PM Address: Offense: MISUT MISC OFCR UNFOUNDED THEFT Case: OR23011277 Reported: 11/9/2023 1:34:27 PM Address: Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23011279 Reported: 11/9/2023 1:46:06 PM Address: _ '-- Offense: DISUNW DISTURB UNWANTED PERSON Case: OR23011281 Reported: 11/9/2023 3:03:37 PM Address: 5- Offense: 609.529.2(4) Mail Theft -Intentionally Removes Mail Addressed to Another without Claim of Right Case: OR23011283 Reported: 11/9/2023 3:56:02 PM Address: Offense: DISUNW DISTURB UNWANTED PERSON Case: OR23011285 Reported: 11/9/2023 5:57:21 PM Address: '--- Offense: MED MEDICAL Case: OR23011288 Reported: 11/9/2023 6:34:37 PM Address: Offense: 169.18.8(a) Traffic regulation - following vehicle more closely than reasonable and prudent Offense: 169.797.2 Traffic Regulation -Uninsured Vehicle -Owner Violation Offense: ACPUB ACC -ACCIDENT PUBLIC Case: OR23011291 Reported: 11/9/2023 7:35:05 PM Address: Offense: ALFAL ALARM FALSE Case: OR23011296 Reported: 11/10/2023 7:29:04 AM Address: t Offense: ACPI ACC -MOTOR VEHICLE PERSONAL INJURY MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND Report Ran: 12/5/2023 12:48:10 PM 2755 Page 2 of 6 Report: OR - FBR - Activity Report - Public Case: OR23011327 Reported: 11/10/2023 7:14:00 PM Address: ; MOUND Offense: ANBARK ANIMAL DOG BARKING Case: OR23011328 Reported: 11/10/2023 7:55:23 PM Address: MOUND Offense: MIS911 MISC FALSE 911 CALL Case: OR23011331 Reported: 11/10/2023 10:39:35 PM Address, MOUND Offense: SUSACT SUSPICIOUS ACTIVITY Case: OR23011341 Reported: 11/11/2023 2:38:27 PM Address: MOUND Offense: ASPUB ASSIST PUBLIC Case: OR23011347 Reported: 11/11/2023 4:21:28 PM Address: '" - D MOUND Offense: MED MEDICAL Case: OR23011351 Reported: 11/11/2023 6:46:31 PM Address: MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR23011352 Reported: 11/11/2023 7:27:52 PM Address: MOUND Offense: DISNEI DISTURB NEIGHBORHOOD Case: OR23011375 Reported: 11/12/2023 2:59:21 PM Address:, MOUND Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23011376 Reported: 11/12/2023 3:57:55 PM Address: 6 MOUND Offense: DISNEI DISTURB NEIGHBORHOOD Case: OR23011378 Reported: 11/12/2023 4:53:31 PM Address: MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23011379 Reported: 11/12/2023 8:08:28 PM Address: MOUND Offense: ASLIFT LIFT ASSIST Case: OR23011383 Reported: 11/13/2023 5:39:14 AM Address: MOUND Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR23011404 Reported: 11/13/2023 5:38:35 PM Address. - MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23011416 Reported: 11/14/2023 8:22:35 AM Address: MOUND Offense: ASPUB ASSIST PUBLIC Case: OR23011417 Reported: 11/14/2023 9:28:00 AM Address ""- MOUND Offense: DISNEI DISTURB NEIGHBORHOOD Case: OR23011446 Reported: 11/15/2023 10:59:00 AM Address: MOUND Offense: ANAL ANIMAL AT LARGE Case: OR23011447 Reported: 11/15/2023 10:57:13 AM Address: 5� - MOUND Offense: ANAL ANIMAL AT LARGE Case: OR23011450 Reported: 11/15/2023 12:06:06 PM Address: ^'"' -" -- -- - - MOUND Offense: MEDCR MEDICAL CRISIS Report Ran: 12/5/2023 12:48:10 PM 2756 Page 3 of 6 Report: OR - FBR - Activity Report - Public Case: OR23011474 Reported: 11/15/2023 10:14:08 PM Address: Offense: MED MEDICAL Case: OR23011480 Reported: 11/16/2023 10:09:56 AM Address: "'-""" -- ---- — Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23011483 Reported: 11/16/2023 11:26:45 AM Address: Offense: 609.78.1(4) Make Emergency Call-Police/Fire/Medical/Ambulance-No Emergency Case: OR23011493 Reported: 11/16/2023 6:48:28 PM Address Offense: DISDOM DISTURB DOMESTIC Case: OR23011500 Reported: 11/16/2023 11:30:23 PM Address: -- Offense: MISLOC MISC OFCR VEHICLE LOCKOUT Case: OR23011501 Reported: 11/16/2023 11:42:59 PM Address: Offense: MISINFO MISC OFCR INFORMATION Case: OR23011531 Reported: 11/18/2023 1:40:30 PM Address: , Offense: ORD ORD LOCAL ORDINANCE VIOLATIONS Case: OR23011553 Reported: 11/18/2023 4:59:28 PM Address: Offense: MEDMH MEDICAL MENTAL HEALTH Case: OR23011557 Reported: 11/19/2023 12:56:18 PM Address: Offense: ADLOCK ADMIN LOCKOUT CAR/HOUSE Case: OR23011564 Reported: 11/19/2023 3:44:40 PM Address: Offense: DISNEI DISTURB NEIGHBORHOOD Case: OR23011565 Reported: 11/19/2023 4:33:03 PM Address: Offense: 617.23.1(3) Indecent Exposure -Engage in Lewd/Indecent Behavior Case: OR23011568 Reported: 11/19/2023 6:57:05 PM Address: Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23011575 Reported: 11/19/2023 10:59:02 PM Address: Offense: MISCIV MISC PUBLIC CIVIL MATTER Case: OR23011592 Reported: 11/20/2023 10:09:52 AM Address: 2 Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23011601 Reported: 11/20/2023 4:03:43 PM Address: 4; Offense: DISTHR DISTURB THREAT Case: OR23011624 Reported: 11/21/2023 8:03:56 AM Address: E Offense: PKCOMP PARKING COMPLAINT Case: OR23011647 Reported: 11/21/2023 2:26:12 PM Address: ,• Offense: MISWA MISC OFCR WARRANT ARREST Case: OR23011654 Reported: 11/21/2023 7:57:39 PM Address: Offense: MISINFO MISC OFCR INFORMATION MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND � 101 MOUND MOUND MOUND MOUND MOUND MOUND MOUND Report Ran: 12/5/2023 12:48:10 PM 2757 Page 4 of 6 Report: OR - FBR - Activity Report - Public Case: OR23011656 Reported: 11/21/2023 9:37:25 PM Address: Offense: MISWA MISC OFCR WARRANT ARREST Case: OR23011658 Reported: 11/21/2023 7:12:00 PM Address: . Offense: 340A.503.2(1) Liquor-Purchase/Sell/Barter/Furnish/Give to u/21yr Case: OR23011659 Reported: 11/21/2023 6:46:00 PM Address: 2 Offense: 340A.503.2(1) Liquor-Purchase/Sell/Barter/Furnish/Give to u/21yr Case: OR23011660 Reported: 11/21/2023 9:29:44 PM Address: Offense: MISWA MISC OFCR WARRANT ARREST Case: OR23011667 Reported: 11/21/2023 11:44:40 PM Address: Offense: DISDOM DISTURB DOMESTIC Case: OR23011668 Reported: 11/21/2023 11:51:49 PM Address: 2;- Offense: ANDD ANIMAL DANGEROUS DOG Case: OR23011669 Reported: 11/22/2023 12:04:52 AM Address: 2 Offense: DISDOM DISTURB DOMESTIC Case: OR23011673 Reported: 11/22/2023 10:03:32 AM Address: G Offense: MED MEDICAL Case: OR23011682 Reported: 11/22/2023 11:45:07 AM Address: " Offense: MISINFO MISC OFCR INFORMATION Case: OR23011694 Reported: 11/22/2023 4:11:02 PM Address: Offense: MISHRO MISC PUBLIC HARRASSMENT RESTRAINING ORDER Case: OR23011695 Reported: 11/22/2023 4:11:02 PM Address: Offense: MISOFP MISC PUBLIC ORDER FOR PROTECTION Case: OR23011703 Reported: 11/22/2023 5:39:35 PM Address: Offense: MED MEDICAL Case: OR23011711 Reported: 11/22/2023 10:20:08 PM Address, Offense: SUSACT SUSPICIOUS ACTIVITY Case: OR23011721 Reported: 11/23/2023 11:06:56 AM Address: Offense: SUSACT SUSPICIOUS ACTIVITY Case: OR23011723 Reported: 11/23/2023 11:58:10 AM Address: 4 Offense: MED MEDICAL Case: OR23011727 Reported: 11/23/2023 2:26:59 PM Address: 2 Offense: MED MEDICAL Case: OR23011765 Reported: 11/24/2023 8:38:00 PM Address: Offense: ANBIT ANIMAL BITE Case: OR23011783 Reported: 11/25/2023 1:09:08 PM Address: Offense: MEDMH MEDICAL MENTAL HEALTH MOUND MOUND MOUND MOUND MOUND MOUND i•r•Ili,41u MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND kf110� MOUND MOUND Report Ran: 12/5/2023 12:48:10 PM 2758 Page 5 of 6 Report: OR - FBR - Activity Report - Public Case: OR23011786 Reported: 11/25/2023 2:04:14 PM Address: MOUND Offense: DEATH DEATH INVESTIGATION Case: OR23011792 Reported: 11/25/2023 10:33:37 PM Address:. MOUND Offense: 609.224.1(2) Assault-5th Deg -Inflict or Attempt Bodily Harm Case: OR23011814 Reported: 11/26/2023 5:23:00 PM Address- MOUND Offense: MISLOC MISC OFCR VEHICLE LOCKOUT Case: OR23011820 Reported: 11/26/2023 9:47:04 PM Address MOUND Offense: DISDOM DISTURB DOMESTIC Case: OR23011834 Reported: 11/27/2023 10:23:16 AM Address: MOUND Offense: MISHRO MISC PUBLIC HARRASSMENT RESTRAINING ORDER Case: OR23011835 Reported: 11/27/2023 11:07:45 AM Address: MOUND Offense: MISVUL MISC PUBLIC VULNERABLE ADULT Case: OR23011841 Reported: 11/27/2023 3:48:30 PM Address: MOUND Offense: 609.2242.1(1) Domestic Assault -Misdemeanor -Commits Act to Cause Fear of Immediate Bodily Harm or Death Case: OR23011879 Reported: 11/28/2023 5:34:20 PM Address:, _ __ _ __ MOUND Offense: MIS911 MISC FALSE 911 CALL Case: OR23011895 Reported: 11/29/2023 10:10:56 AM Address: t MOUND Offense: 609.748.6(a) Harassment; Restraining Order - Violate Restraining Order Case: OR23011897 Reported: 11/29/2023 11:18:00 AM Address:'""" - MOUND Offense: MISWEL MISC OFCR WELFARE CHECK Case: OR23011903 Reported: 11/29/2023 3:37:00 PM Address:; __.._ _. MOUND Offense: MIS911 MISC FALSE 911 CALL Case: OR23011924 Reported: 11/30/2023 8:00:09 AM Address: ; MOUND Offense: DISNEI DISTURB NEIGHBORHOOD Case: OR23011930 Reported: 11/30/2023 10:43:00 AM Address: 24 MOUND Offense: MISINFO MISC OFCR INFORMATION Case: OR23011945 Reported: 11/30/2023 3:07:00 PM Address: MOUND Offense: MISPREDCK MISC PUBLIC PREDATORY OFFENDER COMPLIANCE CK Case: OR23011946 Reported: 11/30/2023 3:14:23 PM Address: MOUND Offense: ACPD ACC -MOTOR VEHICLE PROPERTY DAMAGE Case: OR23011948 Reported: 11/18/2023 1:00:00 PM Address:,r MOUND Offense: ASPUB ASSIST PUBLIC Total Cases: 102 Report Ran: 12/5/2023 12:48:10 PM 2759 Report: OR - FBR - Activity Report - Public Page 6 of 6 CITY OF MOUND — CITY MANAGER 2415 Wilshire Blvd Mound, MN 55364 TO: Honorable Mayor and City Council FROM: Eric Hoversten, City Manager and Director of Public Works DATE: November 30, 2023 SUBJECT: Eli Hart Foundation Playground Donation LOCATION: Surfside Park REQUEST: Review proposed Donation Agreement for playground equipment and installation at Surfside Park BACKGROUND: The Eli Hart Foundation made initial proposal to the City to organize, fundraise, design, construct, and donate a playground improvement to replace the existing playground apparatus at Surfside Park which is beyond its useful service life. The group initial approached the City in May of 2022 seeking impactful ways it could make an improvement within the city to dedicate to the memory of Eli Hart. The much -needed upgrade to the paly equipment at Surfside park was identified as the preferred project. The Group met with staff as well as Parks Commission and Council on a variety of occasions to lay the groundwork for the project and coordinate proposed site plans and playground concepts. In February of 2023 the Council adopted a resolution identifying general support for the project in its preliminary design form. Council also instructed Staff and the City Attorney to begin drafting the supporting agreements to define roles, responsibilities, scope, and acceptance of the donation. A draft of pre -final language developed by the Attorney and reviewed by the Foundation is provided as an attachment here for review. The Foundation has been incredibly successful in fund raising for the project and has secured grants and donation to cover the cost of purchase and install of the playground equipment and the fall -protective play surfacing to surround it. Following the 11/24 Council meeting where the specifics of the Donation Agreement and likelihood of City funding needs were discussed; the Foundation has further refined its design to reduce some site footprint, soften edges/corners, as well as reduce the quantities of poured in place playground surfacing. These reduce overall project costs and allow for minimizing the footprint and impact of the play area. The general structure of the proposed Donation Agreement indicates that the Foundation is responsible for all aspects of the playground procurement and construction until it is 1 2760 complete; and then all ties to the foundation are severed upon donation so that the Foundation can proceed unencumbered in its own direction thereafter. The City would assume all future lifecycle maintenance costs for the playground thereafter. In collaboration with the buildout of the playground equipment, The Council should anticipate the need for stormwater management offsets, site drainage and grading improvements, and the sidewalk surfaces that access the play area and contain the wood - fiber fall protection surfacing where used. The proposed engineering solution for the stormwater offset is included in this packet at a no -contingencies estimate of approx. $40,000. The scope of site grading and sidewalk work will vary based on the final design of the playground and its internal equipment layout. Sidewalks were initially proposed to fully surround the play area. In total the Council should anticipate $80,000 - $120,000 in general site improvements including: stormwater, sidewalks/curbing, grading/drainage, and site restoration. Funding for these elements can be sourced from several options„ however; Staff recommendation is to fund from the Community Investment Fund current cash reserves. This fund was established to cover investment costs such as proposed here for improvement of community amenities. The 2023 EOY balance in this fund is $207,000 with $325,000 allocated in to the fund from 2024 Levy funds. Staff recommends an additional $60,000 transfer of Liquor funds in 2024 to offset the $120,000 new liability and leave $472,000 in the fund 2024 post project. Absent the additional $60,000 the post -project balance would be $412,222. Either option would not impact (neutral) to any discussion or decision regarding the 2024 final levy. It should be noted that the final action in the Surfside Master Plan adopted in 2018 following upgrade of the playground is consideration of in -ground irrigation for the park. This is highlighted here simply to share with the Council as broader context what future work should be considered/anticipated in addition to playground replacement. The prominence of this space within the community and its high usage at peek turf stress periods throughout the late summer inform the need for some form of irrigation capability; in -ground or manual. Installation of in ground irrigation will allow for reduced workload for the shop by eliminating workload related to manual irrigation. A well designed in -ground system will also allow for better management controls and conservation practices in this highly public space. In -ground irrigation timers will allow for night set times improving capture of water by the turf and will also repel night time goose grazing and nesting activities which are detrimental to the park The Parks Commission reviewed the playground proposal in its most current for at its October 12, 2023 meeting. The commission noted that the placement of the playground within the current surrounding amenities minimized the impact of its expansion on the park as a whole and does not disrupt any current users or uses. The legacy parking issues/limitations were noted; but not to any degree that reduced support for the project. The Commission voted unanimous support for the project. 2 2761 RECOMMENDATION: Council approve the Resolution authorizing Mayor and Manager to execute the Donation Agreement and carry the gap -funding discussion into the final levy determination as proposed here in. 3 2762 CITY OF MOUND RESOLUTION NO. 23- RESOLUTION APPROVING A DONATION AGREEMENT FOR SURFSIDE PARK WHEREAS, the City of Mound ("City") owns and operates Surfside Park located in Mound, MN (the "Park"); and WHEREAS, Eli Hart Foundation, a Minnesota nonprofit corporation, ("Foundation") desires to donate playground improvements and installation at the Park (collectively, the 'Playground Equipment'); and WHEREAS, the City and Foundation have negotiated the Donation Agreement for the Playground Equipment that is attached to this Resolution as Exhibit 1 ("Agreement'); and WHEREAS, the Agreement provides that upon completion of the Playground Equipment the Foundation will donate the Playground Equipment that will be evidenced by separate acceptance resolution; and WHEREAS, the City Council considered this matter at its December 12, 2023 meeting. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound that the Agreement is hereby approved with the following conditions: 1. The recitals set forth above are expressly incorporated herein. 2. The final form and content of the Agreement shall be in substantially the same form as Exhibit 1. The City Manager and City Attorney are authorized and directed to make such modifications necessary to carry out the intent of this Resolution. The Agreement shall be subject to the review and acceptance of the City Attorney. 3. The Mayor and City Manager are authorized to execute the Agreement and all related documents. 1 2763 Adopted by the City Council this 12th day of December, 2023. Attest: Kevin Kelly, City Clerk 2 Jason R. Holt, Mayor 2764 EXHIBIT 1 2765 DONATION AGREEMENT THIS DONATION AGREEMENT ("Agreement") is made and entered into this day of , 2023, by and between the City of Mound, a Minnesota municipal corporation ("City"), and Eli Hart Foundation, a Minnesota nonprofit corporation ("Foundation"; City and Foundation collectively "Parties" and sometimes individually "Party"). WHEREAS, City owns and operates Surfside Park located in Mound, MN (the "Park"); and WHEREAS, Foundation desires to donate to the City playground improvements at the Park and installation of the same (collectively, the "Playground Equipment"); and WHEREAS, the City desires to accept the donation of the Playground Equipment pursuant to Minn. Stat. §465.03. WHEREAS, the City will provide all site development work necessary to support the placement and assembly of the Playground Equipment to include: site grading and drainage; stormwater treatment offset Best Management Practice; and sidewalks and curbing surrounding the play area. NOW, THEREFORE, it is agreed by and between the Parties as follows: 1. INCORPORATION. The above Recitals and attached exhibits are a material part of this Agreement and are incorporated herein. 2. INSTALLATION. Foundation represents that it has retained the services of Midwest Playscapes ("Contractor") to design and install the Playground Equipment at the Park generally consistent with the plans for the Playground Equipment attached hereto as Exhibit 1 ("Plans"). Foundation agrees, through the Contractor, to install the Playground Equipment at the Park in compliance with the Plans, and all applicable local, state, and federal rules and regulations. Said Installation shall commence on or after April 1, 2024 ("Commencement Date") and shall be completed on or before July 1, 2024 ("Completion Date"), and shall not unreasonably interfere with the City's operation and maintenance of the Park. 3. COSTS. Foundation shall be solely responsible for all costs associated with the installation of the Playground Equipment and related charges of the Contractor. Foundation represents that the Donation estimated cost is $265,000.00 ("Estimated Costs"). Foundation shall provide evidence, subject to the review and approval of the City, that it has, prior to the Commencement Date, at least the Estimated Costs in readily available funds, which may be reduced based on payments already made by Foundation to Contractor towards the Estimated Costs. r .e 4. COMPLETION. Foundation shall contact the City Manager upon completion of the Playground Installation. Whereupon, the City shall conduct an inspection of the installation and the Playground Equipment. From the inspection, the City shall create a punch -list of issues with the installation and/or the Playground Equipment that need correction. The Foundation shall have the Contractor diligently address the punch -list items to the satisfaction of the City. Once the punch -list items have been satisfactorily addressed, the installation of the Playground Equipment shall be deemed complete ("Completion"). Upon Completion and as conditions precedent to the City's acceptance of the Donation (defined and discussed below) of the Park Improvements, Foundation shall provide the City the following documentation, subject to the review and approval of the City: a. Proof of payment for all labor, services, and materials for the Park Improvements in a form acceptable to the City, including fully executed lien waivers from all persons and entities that provided labor, services and materials relating to the Improvements; and b. Documentation that any and all warranties related to the Park Improvements have been assigned and transferred to the City. 5. DONATION. Upon Completion, Foundation agrees to donate to the City and the City agrees to accept from Foundation the donation of the Playground Equipment (the "Donation"), subject to the terms and conditions herein. Evidence of the donation acceptance shall be by resolution of the City Council. Once the Donation is accepted, the Playground Equipment shall become the property of and under the control of the City, and Foundation shall have no rights to the Playground Equipment. 6. LIENS. Nothing herein contained shall be construed to make the Foundation the agent of the City for the purpose of binding the Park for the payment or contractors, subcontractors, mechanic's, or materialmen's liens under the present or any future laws of the State of Minnesota. All improvements made or erected on the Park pursuant to this Agreement by the Foundation or persons claiming by, through or under the Foundation shall be furnished and erected solely on the credit of the Foundation. The Foundation agrees to timely pay the Contractor as provided for in Section 3 above. To the extent a mechanic's lien is created on the Park by the Contractor, any subcontractor, mechanic, or materialmen in relation to the Playground Equipment, Foundation shall cause such lien to be released of record, within thirty (30) days of City obtaining knowledge of such lien, by either satisfying such lien or transferring such lien to bond. FOUNDATION REPRESENTATIONS AND WARRANTIES. hi order to induce the City to enter into this Agreement, the Foundation represents and warrants to the City that: 2 2767 a. Warranty of Title. Upon donating the Playground Equipment to the City pursuant to this Agreement, all of the Foundation's right, title, and interest in and to all of the Playground Equipment, will pass to the City free and clear of all liens, encumbrances, and other security interests. No person or entity has any right to assert any lien, encumbrance, or other security interest in any amount against any of the Playground Equipment. b. Organization and Qualification. Foundation is duly organized, validly existing and in good standing as a Minnesota nonprofit company. c. Authority. Foundation has all requisite power and authority to execute, deliver and perform its obligations under this Agreement, and to consummate the transactions contemplated by this Agreement. The execution, delivery and performance of this Agreement by Foundation and the consummation of the transactions contemplated by the Agreement, have been duly authorized by all necessary action by Foundation. This Agreement has been duly executed and delivered by Foundation and constitutes the valid and binding obligation of Foundation, enforceable against Foundation in accordance with its terms. d. Funds. Foundation has or will have prior to the Commencement Date readily available funds for the Estimated Costs as provided for in Section 3 above. 8. INDEPENDENT CONTRACTOR. Any and all employees or agents of Foundation or any other person, including, but not limited to, all Foundation members or officers, while engaged in the performance of any service required by Foundation under this Agreement shall not be considered as employees of the City and nothing contained in this Agreement is intended or should be construed as creating the relationship of partners. No tenure or any rights or benefits of City employment, including, but not limited to, Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to employees, shall accrue to the directors, staff, members, or agents of Foundation. 9. INDEMNIFICATION. Foundation agrees that during the installation of the Playground Equipment and until acceptance of the Donation, it shall, indemnify, defend and hold City, its elected and appointed officials, employees, and agents harmless from and against any and all claims for property damage or personal injuries, including reasonable attorneys' fees, arising in connection with or in any way related to Foundation's or Foundation's agents, contractors, sub -contractors, consultants, licensees, lessees, guests, volunteers, and/or invitees exercise of its rights or obligations under this Agreement; provided, however, the foregoing indemnification obligation of Foundation shall not apply to any claims to the extent arising from any acts or omission of City or any of City's agents, contractors, sub -contractors, consultants, licensees, lessees, guests, and/or invitees. 3 2768 10. INSURANCE. Foundation shall provide and maintain, until Completion and acceptance of the Donation, liability insurance providing comprehensive, general liability, and property damage coverage in minimum amounts of $1,500,000.00 and the City shall be named an additional insured. The City shall be presented with a copy of said insurance prior to the Commencement Date. Further, the Foundation shall provide evidence to the City prior to the Commencement Date that the Contractor has liability insurance in the above minimum amounts, which shall be maintained until Completion and acceptance of the Donation. 11. DEFAULT; REMEDIES. If any default occurs hereunder by any Party, the non - defaulting Party shall have all remedies available to it at law or equity. In the event of nonperformance of any obligations under this Agreement, the Party prevailing in such dispute shall be entitled, in addition to other damages or costs, to recover its reasonable attorney's fees and court costs. 12. NOTICES. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (hereinafter each referred to as a "Notice") shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); or (b) when received or rejected by the addressee if sent by a nationally recognized overnight courier (receipt requested); or (c) when received or rejected by the addressee if sent by United States Postal Service (receipt requested). A Notice must be sent to the respective Parties at the following addresses (or at such other address for a Party as shall be specified in a Notice given in accordance with this Section): If to City: City of Mound Attn: City Manager 2415 Wilshire Blvd Mound, MN 55364 With Copy to: Hoff Barry, P.A. Attn: Scott B. Landsman 100 Prairie Center Drive, Ste. 200 Eden Prairie, MN 55344 If to Foundation: Benjamin Colianni, President Eli Hart Foundation P.O. Box 28 Mound MN, 55364 4 2769 13. PERMITS. This Agreement is not an approval of any permits required for the installation of the Playground Equipment. Foundation shall have the responsibility to obtain all required permits for the installation of the Playground Equipment and shall comply with all applicable local, state, and federal rules and regulations regarding the installation. 14. MODIFICATION. Any alteration, modification or variation of this Agreement shall be reduced to writing as an amendment by the Parties. 15. ENTIRE AGREEMENT. This Agreement and any other documents incorporated herein by reference constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. 16. TIME OF ESSENCE. Time is of the essence in the performance of the terms and obligations of this Agreement. 17. CONTROLLING LAW. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota Any legal suit, action, or proceeding arising out of this Agreement shall be instituted in state court located in Hennepin County, Minnesota, and each Party irrevocably submits to the exclusive jurisdiction of such court in any such suit, action, or proceeding. The Parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or proceeding in such court and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum. 18. NO THIRD -PARTY BENEFICIARIES. This Agreement is for the sole benefit of the Parties and their respective successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 19. HEADINGS. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. The remainder of this page intentionally left blank; signature pages and exhibits follow 2770 Date. IN WITNESS WHEREOF, the Parties have executed this Agreement on the Effective CITY: CITY OF MOUND By: Jason R. Holt Its: Mayor Date: By: Eric Hoversten Its: City Manager Date: FOUNDATION: ELI HART FOUNDATION By: Its: Date: 6 2771 EXHIBIT 1 7 2772 �w r - L I,. _ - �• A;o, f y sir me T .Im +i 1 h - s . � a 266 SF OF POURED RUBBERSURFACING (INCLUDES TURN DOM) MEMORIAL SIDEWALK (BY OMER) PARKING LOT 4L, ea (4) 6BENCHES WITH 14' SINGLE POST CATILEVER FABRIC SHADE 4' CONC. SIDEW/ 1496 "PLAYGROUND SUKRVISION REQUIRED CHIMES 629 SF OF CI POURED RUBBER SURFANG (INCLUDES TURNDOWN) w�A 131 SF OF POURED RUBBER SURFACING (INCLUDESTURN-DOM) 6842 SF OF ENGINEERED WOOD FIBER SURFACING PLAYWORM e= MIDWEST 40 PLAYSCAPES 8632 EAGLE CREEK CIRCLE SAVAGE, MN 55378 PHONE' 1.800.747.1452 EMAIL: playscapes;aearthlink.net L 14 EQUIPMENT SIZE: 65^ARCH SWNG (2) BELT,(1) SEA,(1) TOT (1) SWNGALONG 150 SF OF POURED RUBBER SURFACING (INCLUDESTURN-DOM) AREA: SEE PLAN USEZONE: C PERIMETER: cu SEE PLAN Lo FALL HEIGHT: •� Z 8'-5" USER CAPACITY: 217 O� C E 0 0 AGE GROUP: 2-5, 5-12 i cu Lu ✓ ASTM F1487-17 �� ✓ CPSC #325 Q(`�1� PROJECT NO: SCALE: MW021323-lc 1116"=1'-0" DRAWN BY: Paper Size TKA BDATE: 11-11-23 r- Surfside Park Sales Representative Ow MIDWEST Equipment Manufacturer Mound, MN ZG PLAYSCAPES � 1 PLAyWORLD 8632 EAGLE CREEK CIRCLE SAPH UVAGE MN E5378 no WOrld �o� VI�� MW021323-1C IIK' a°°HE ' EMAIL pla°'''lEearNllnyscaperakne[ fk-Iol Surfside Park Mound, MN MW021323-1 C Sales Representative o= MIDWEST .• PLAYSCAPES 8632 EAGLE CREEK CIRCLE RAVAGE RN 55378 P HONE: 180016J. 1452 EMAIL. pI ayscapes'e a, hl ^, -H J`V Equipment Manufacturer PLAyWORLoD 2775 W O Surfside Park Mound, MN MW021323-1 C ® O ® O Sales Representative ow MIDWEST IIIIIIIIIII'• PLAYSCAPES 8632 EAGLE CREEK CIRCLE SAVAGE RN 55378 P HONE: I800d471452 Equipment Manufacturer PLAyWORLoD �S �.., S � \ -.e' amp .- y - I \ �• - _ �I - �'Cx ,. � � ., _ _ It I'MIR C !J W,\Til,li 0 1 - . : - "Okiz- WY4M, RIRIE= f 41 ■= MIDWEST P LAYSCAP ES 8632 Eagle Creek Circle, Savage, MN 55378 www.MIDWESTPLAYSCAPES.com Quotation _.-.._ ............................... Project: Eli Hart Memorial Playground Contact: Tiffany Beitler Ship To: 2670 Commerce Blvd Mound, MN 55364 Ema il: Shipping Contact Name: Tiffany Beitler direct: 952.895.8888 fax:952.895.8889 toll free: 800.747.1452 playscapes@earthlink.net * -ATM w�ss Phone Tiffanys Cell: 612-799-1643 Fax: Bill To: Eli Hart Foundation 4280 Shoreline Dr Spring Park, MN 55384 Date: 1 1 /17/23 Qty Design/Item # Description Price each Total 1 176 Sq Ft Poured in Place Surfacing Standard Colors $ 21,168.00 331 Cu Yd Engineered Wood Fiber $8,280.00 1 USA Shade 14' X 14' Cantilever $6,000.00 *** 4" of Class 5 Subbase to be provided by others Subtotal $ 35,448.00 Freight $ 3,500.00 Tax Exempt # * Please provide certificate Sales Tax ....... ............ -Local Sales Tax.............._�....._ Subtotal $ 38,948.00 ....................................................................................................... Total $ 38,948.00 Options NOTE: Freight Quotes are good for 10 days from quote date above, due to rising fuel costs. Quote will need to be re-evaluated after this time frame. NOTE: Customer would be responsible for unloading and installation. NOTE: Any Insurance requirements above $1,000,000 General Liability will be subject to a surcharge NOTE: UNLESS OTHERWISE NOTED, prices shown are material only. They DO NOT include: assembly, installation, border, safety surfacing, drain tile, geotextile fabric, removal of existing equipment, site preparation, excavation or site restoration, unloading of equipment, disposal of packaging material, storage of equipment, additional insurance and bonding would be extra, unless otherwise stated above. If playground equipment or materials are stored off site, customer is responsible for transporting equipment to job site. NOTE: Customer must mark site in white paint for utilities to be located prior to Midwest Playscapes arrival. NOTE: Price.+_Jinn for 30 duvs, subject to review fhereufier. Our ter•nrs are net 30. A linunc•e churge g11.5% will be unposeel on the outstanding balance unpaid lbr rnore Chun 30 days glier the shipment ql materials. /;quipmenl shall be invoiced s'eperutely from other services and Shull be payable in advance ollho.+'c, .1Yr•vice's ur7d profe'cl completion. Retutnage nol ucce'pletiOnce ctt.+'lomer hu.s signed gtultulion, your order cannot be chungcel or cance'led.Pleu.se• allow /BD we'e'ks for delivery alter receipt of order. .Standard rnunujacturing design, spec•ffication, anti construction upply unless noted otherwise. Customer is responsible for the idenlilic•ulion and marking ofall underground utilities (public or private) to mclucle drain file and sprinkler systems. Area must be accessible to Bobcat and other equipment necessaryfor installation or uddilionul fees• will be chargetl h'reight quote is based on customer unloading equipment and r e ng in all a ur eni fir any missing purls. !f prochtc'I is relitsed by customer upon delivery for any reason (unless duntuged), wilhual prior tltuhurr� awe jruin rtGthn st Pluy.+•capes•, lots, t c'rt.vurmr q¢rers r 20 resloc•king/ee plet.+• freight charges. Price does rtF/t me lerrl prrvailing Nv{�c s, finless a/tier w,.t eu� 1. /f we e ur >r r/ Urlr r Assistance, please feel free to contact us. Si Atjbrey Pudwill Accepted — Date: Printed Name: 2783 MIDWEST PLAYSCAPES 8632 Eagle Creek Circle, Savage, MINI 55' www.M I DW ESTPLAYSCAPES.com Quotation Project: Eli Hart Memorial Playground Contact: Tiffany Beitler Ship To: 2670 Commerce Blvd Mound, MN 55364 Email: Shipping Contact Name: direct: 952.895.8888 fax-952.895.8889 toll free: 300.747.1452 pIayscapes@earthIInk.net C--+OTTER BUSINESS Kt4'12AU J Phone: 612-799-1643 Fax: Bill To: Eli Hart Foundation 4280 Shoreline Dr Spring Park, MN 55384 Date: 11/13/2023 Qty Design/Item # Description Total 1176 sq ft Poured in Place Surfacing Standard Colors $ 21,168.00 ***4" of Class 5 Subbase to be provided by others Subtotal $ 21,168.00 Freight $ 3,500.00 Tax Exempt # _ Please provide certificate Sales Tax $ Local Sales Tax $ - Total $ 24,668.00 Options NOTE Freight Quotes are good for 10 days from quote date above, due to rising fuel costs. Quote will need to be re-evaluates after this time frame. NOTE Customer is responsible for unloading, freight inventory and installation. NOTE Any Insurance requirements above $1,000,000 General Liability will be subject to a surcharge NOTE: UNLESS OTHERWISE NOTED, prices shown are material only. They DO NOT include: assembly. installation, border. safety surfacing, drain tile_ geotextile fabric, removal of existing equipment, site preparation, excavation or site restoration_ unloading of equipment, disposal of packaging material_ storage of equipment, additional insurance and bonding would be extra, unless otherwise stated above. If playground equipment or materials are stored offsite, customer is responsible for transporting equipment to job site. Prices firnr,for 30 claps, subject to review thereafter. Our terms are net 30. A inonce charge of /.5% will he unposed on the outstanding balance unpaid ,for more than 30 days after the shipment of'inaterials. Equipment shall be invoiced seperately,fi-oni other services and shall be payable in advance of those services and project completion. Retoinage not accepted Once customer has signed quotation. i•our order cannot be changed or canceled.Please allow TBD sreeks,for delivery after receipt oforder. Standard manufacturing design, specification, and construction apply: unless noted otheririse. Customer is responsible_for the identification and marking of all underground utilities (public or private) to include drain tile and sprinkler systenrs,.drea must be accessible to Bobcat and other equipment necessary for installation or additional fees iri(( be charged. Freight quote is based on customer unloading equipment and checking in all equipmentfor any missing parts. If product is refiused by customer upon delivery for cuty reason (unless damaged), rithout prior alithori rrti a f onr:1 /ichrest Pleays�ri Ivic., the customer agrees to pay 20% restocking fee phis freight charges. Price does not inch" rcrilftag wages, rt ss erry'i noted. !f uve can be of Other.=lssistance, please feel free to contact its. Signed: Accepted Bruce Pudwill Date: Printed Name: 2784 Surfside Park Playground City of Mound Figure 1: Storm Basin Layout BOLTON June2023(D&MENK B 9 �.• 1 1 1 _ A v 0 CLEAT AND GRUB TREE (TYPICAL) `• 8" PERFORATED�DRAINTILE g' \ 1 1=937.90 SW 6 4 r • �: , r REPLACE EXISTING WITH 48"• 4020STRUCTURE ' •�. • " R=946.24 « , 1=940.74 W (EXISTING) 1=940.40 E (12" RCP PI4) IL « " STEEL PLAT E W/ 4" ° ORIFICE BOLTED TO END OF PIPE W/ STEEL BOLTS 1 - ,, hppFp/pF " ° • (INCIDENTAL). �, 1 1=940.40E 1 Al INSTALL RIPRAP (CLASS 1) INSTALL R 1 DRAINAGE STRUCTURE 01 • OUTLETCHANNEL R=946.2 � • • 1=936.83 NW N ,, «• 1=940.30 SE ° 8" HDPE STORM PIPE - ` • 1=932.00rN W , a 0 25 50 HORZ. 2785 , � o SCALE FEET PRELIMINARY COST ESTIMATE 2023 SURFSIDE PARK PLAYGROUND IMPROVEMENTS (SOUTH BASIN) CITY PROJECT NO. CITY OF MOUND, MN BMI PROJECT NO. OC1.130225 CONTRACTOR agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices: NOTE: PRICES include sales tax and all applicable taxes and fees. CY (LV) = Cubic Yards, Loose Volume CY (CV) = Cubic Yards, Compacted Volume (Measured in Place) CY (EV) = Cubic Yards, Excavated Volume (Measured in Place) O^ BOLTON �1 & MENK Real People. Real Solutions. 1 REMOVE BITUMINOUS TRAIL 10 SO. YD $20.00 $200.00 2 REMOVE DRAINAGE STRUCTURE 1 EACH $500.00 $500.00 3 COMMON EXCAVATION (EV) 120 CU YD $50.00 $6,000.00 4 BITUMINOUS TRAIL PATCH 10 SO. YD $200.00 $2,000.00 5 CLEARING &GRUBBING 4 EACH $750.00 $3,000.00 6 8" DUAL WALLED HDPE STORM PIPE 100 LIN FT $65.00 $6,500.00 7 8" PERF HDPE PIPE DRAIN 32 LIN FT $75.00 $2,400.00 8 12" RCP STORM SEWER 40 LIN FT $100.00 $4,000.00 9 BIORETENTION BASIN MEDIA MIX 17 CU YD $175.00 $2,975.00 10 48" -4020 STRUCTURE (W/ PLATE) 1 EACH $4,500.00 $4,500.00 11 8" DRAINTILE CLEANOUT 2 EACH $350.00 $700.00 12 8" DRAIN BASIN 1 EACH $1,500.00 $1,500.00 13 CONNECT TO EXISTING STORM PIPE 1 EACH $1,200.00 $1,200.00 14 CASTING ASSEMBLY 1 EACH $1,100.00 $1,100.00 15 RANDOM RIPRAP CL 1 4 CU YD $100.00 $400.00 16 SILT FENCE 100 LIN FT $4.00 $400.00 17 TOPSOIL BORROW (LV) 25 CU YD $75.00 $1,875.00 18 TURF RESTORATION 100 SO. YD $10.00 $1,000.00 MOBILIZATION (5%) 1 $3,000.00 $3,000.00 CO NTI NG E NCY (10%) 1 $5,000.00 $5,000.00 BASE BID TOTAL BID: $ $48,250.00 A-1 LANDSCAPE ALLOWANCE (PLUGS) 1 ALLOWANCE $11,000.00 $11,000.00 A-2 ALTERNATE LANDSCAPE (RAIN GARDEN SEED MIX AND BLANKET) 125 SO. YD $15.00 $1,875.00 TOTAL ESTIMATE ALTERNATE 1 TOTAL ESTIMATE ALTERNATE 2 $59,250.00 $50,125.00 2786 CITY OF MOUND — CITY MANAGER 2415 Wilshire Blvd Mound, MN 55364 TO: Honorable Mayor and City Council FROM: Eric Hoversten, City Manager and Director of Public Works DATE: November 30, 2023 SUBJECT: Wolner Field Lease Renewal LOCATION: Wolner Field REQUEST: Approve Resolution allowing Mayor and Manager to execute lease agreement BACKGROUND: Wolner Field is a dedicated park space within the City of Mound. For decades the park has been used by various organizations for the purpose of providing little league and youth baseball activities within the broader community. Over the years of this usage, many physical improvements have been made by the operating organizations. To support this intensive and specialized programming, and the specific improvements to accompany its use; the fields were conveyed under a long term lease to the operating organizations that offered the programming. Over the years the operating organization has evolved from "Little League", Westonka Schools Community Ed; and most recently The Westonka Youth Baseball League. The proposed lease language renews the existing terms and re -assigns tenancy from past organization to WYBL. Basic terms require the tenant to provide all maintenance and upkeep of the fields, and any private improvements (dugouts, score house, equipment storage, concession, score boards, batting cages, outfield fencing, etc.). Under the longstanding terms, the City assumes no responsibility for these functionally -specific improvements. Past leases have had 10-year durations similar to the proposed language. Renewal of the lease in the future would be through amendment of the lease's "term" language, or writing it anew as here. The lease language has been reviewed by WYBL and the City Attorney and found acceptable. RECOMMENDATION: Council approve the Resolution approving execution of the lease. 1 2787 CITY OF MOUND RESOLUTION NO. 23- RESOLUTION APPROVING A LEASE AGREEMENT FOR THE LEASE OF THE WOLNER FIELD COMPLEX WHEREAS, the City of Mound ("City") is the owner of real property located within the City of Mound, County of Hennepin and legally described as: The Southerly Three Hundred (300) feet of Block Four (4), Shirley Hills, Unit F, according to the recorded plat thereof on file and of record in the office of the Registrar of Titles in and for said County of Hennepin and State of Minnesota. (the 'Property"); and WHEREAS, the Property is currently improved with a youth baseball field complex and related improvements ("Wolner Field Complex"); and WHEREAS, Westonka Youth Baseball League, Inc. ("WYBL") is a Minnesota nonprofit corporation that desires to utilize the Wolner Field Complex to provide youth baseball programming; and WHEREAS, the City has determined that it is in the best interest of the public for the future use of the Property for baseball and related recreational functions to occur by leasing the Property and the Wolner Field Complex to the WYBL; and WHEREAS, the City and WYBL have negotiated the Lease Agreement that is attached to this Resolution as Exhibit 1 ("Agreement'); and WHEREAS, the City Council considered this matter at its December 12, 2023 meeting. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound that the Agreement is hereby approved with the following conditions: 1. The recitals set forth above are expressly incorporated herein. 2. The final form and content of the Agreement shall be in substantially the same form as Exhibit 1. The City Manager and City Attorney are authorized and directed to make such modifications necessary to carry out the intent of this Resolution. The Agreement shall be subject to the review and acceptance of the City Attorney. 3. The Mayor and City Manager are authorized to execute the Agreement and all related documents. 1 Adopted by the City Council this 12th day of December, 2023. Attest: Kevin Kelly, City Clerk 2 Jason R. Holt, Mayor 0 :• EXHIBIT 1 2790 LEASE AGREEMENT THIS LEASE AGREEMENT (the "Agreement") is made this 1' day of January, 2023 ("Effective Date") by and between Westonka Youth Baseball League, Inc., a Minnesota nonprofit corporation, ("WYBL') and City of Mound, a Minnesota municipal corporation ("City'; WYBL and City sometimes individually "Party" and collectively "Parties"). WHEREAS, City is a fee owner of the that property located within the City of Mound, County of Hennepin and legally described as: The Southerly Three Hundred (300) feet of Block Four (4), Shirley Hills, Unit F, according to the recorded plat thereof on file and of record in the office of the Registrar of Titles in and for said County of Hennepin and State of Minnesota. (the "Property"); and WHEREAS, the Property is currently improved with a youth baseball field complex and related improvements ("Wolner Field Complex"); and WHEREAS, the City was a party to that lease dated April 12, 2023 with the Independent School District No. 277 ("District") that expired December 31, 2023 ("Previous Lease"), which Previous Lease provided the District with use of the Property for baseball and other recreational activities; and WHEREAS, WYBL is a new and separate private organization formed from the District's community education. The WYBL desires to continue the relationship with the City to utilize the Wolner Field Complex on the Property to provide youth baseball programing; and WHEREAS, City has determined that it is in the best interest of the public for the future use of the Property for baseball and related recreational functions to occur by leasing the Property and the Wolner Field Complex to the WYBL. NOW, THEREFORE, the Parties agree as follows: 1. INCORPORATION. The above Recitals and all attached exhibits are a material part of this Agreement and are incorporated herein. 2. GRANT OF USE. The City hereby leases and grants the use of the Property to the WYBL for baseball and related recreational functions only, subject to the terms and conditions herein. The WYBL shall have the right to access the Property twenty-four (24) hours per day, seven (7) days per week. The WYBL shall be fully liable and responsible for any and all loss, damage, or clam associated with its use of the Property. 2791 3. TERM. The term of the Agreement ("Term") shall commence as of the Effective Date and shall terminate and expire on December 31, 2034, unless earlier terminated as provided for herein. 4. RENT. WYBL shall pay an annual rent to the City in the amount of $1.00, to be paid by January 1 of each year of the Term. 5. MAINTENANCE AND REPAIR. WYBL shall be solely responsible to maintain and repair the Property and the existing Wolner Field Complex, including, but not limited to, dugouts, bleachers, fencing, backstops, all buildings, and irrigation system in a reasonable and safe manner and in compliance with all applicable local, state, and federal rules and regulations and to maintain and mow the lawn and grounds in compliance with City Code. WYBL shall not expand existing improvements or construct additional improvements on the Property without the prior written consent and approval of the City. Upon termination of this Agreement and expiration of the Term any improvements on the Property shall be the property of the City. 6. UTILITIES; GARBAGE REMOVAL. WYBL shall be solely responsible for maintaining sufficient garbage removal services for the Property and its use. WYBL shall be solely responsible for the payment of garbage removal services and utilities that serve the Property. DECLARATION. The Parties acknowledge that the Property is subject to that Declaration for Stormwater Maintenance and Operation, filed with the Hennepin County Registrar of Titles on September 6, 2013, as Document No. 5113137 ("Declaration"), regarding stormwater maintenance and operation conditions and restrictions imposed by the Minnehaha Watershed District. The WYBL agrees to assume the City's responsibilities under the Declaration as set forth on Attachment B of the Declaration, except Paragraph 5, which Attachment B is incorporated and attached as Exhibit 1 to this Agreement. 8. INDEMNIFICATION. WYBL (the "Indemnifying Party") shall defend, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, contractors, and agents (the "Indemnified Party") from and against any liabilities, losses, investigations or inquiries, claims, suits, proceedings, damages, costs and expenses including reasonable attorney fees and expenses arising out of or otherwise relating to the acts and omissions of the Indemnifying Party in performance or failure to perform pursuant to the Agreement or any representations or warranties on the Indemnifying Party contained in the Agreement. 9. INSURANCE. During the Term, WYBL shall maintain in effect throughout the Term comprehensive general liability insurance with respect to the activities of WYBL, its employees, agents, and invitees on the Property on an occurrence at minimum limits for coverage of bodily injury, property damage or combination thereof in the minimum amount of the City's statutory tort limitation pursuant to Minnesota Statutes Chapter 466, which is currently One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), which may be satisfied by umbrella 2 2792 or excess coverage. The City's statutory tort limitation may increase. In such an event, City shall send notice to WYBL and WYBL shall promptly have modified said general liability insurance increasing the minimum limits for coverage consistent with the requirements in this Agreement. Certificate(s) of Insurance for the above insurance requirements must be filed with the City in the above minimum coverages at the commencement of the Term. The City must be made an additional insured. In the event of cancellation of the insurance policy, the issuing company will mail 30 days' written notice of cancellation (10-day from termination for non-payment of premiums). The policies shall be written by an insurance company authorized to do business in the State of Minnesota and shall be approved as to form and execution by the City's attorney. The insurance company shall have a minimum B VII rating in the Best's Key Rating Guide or as approved by the City's insurance agent. If such policy of insurance is scheduled to expire prior to the end of the Term, a new policy or certificate referencing the same minimum coverages set forth above must be submitted to the City prior to expiration of such existing policy. 10. DEFAULT; TERMINATION. This Agreement shall expire and terminate at the end of the Term. Unless a different time or no time is otherwise expressly provided for herein, should WYBL fail, neglect, or refuse to keep and perform any of the covenants, conditions, stipulations, or agreements herein contained and in the event any such default shall continue for the following periods: a. If the default is monetary in nature such as (but not limited to) nonpayment of rent, taxes, or any other sums required to be paid by WYBL, City shall deliver written notice to WYBL of the default and WYBL shall have ten (10) days after the receipt of such written notice to cure the default. b. If for any other default, a period of more than 30 days after notice thereof in writing is given to the WYBL by the City ("30-Day Cure Period"), then the City may terminate this Agreement and/or the City may cure said default; provided, however, that if the nature of such default is reasonably incapable of being cured within the 30-Day Cure Period, then this Agreement shall not be terminable bythe City as long as WYBL commences to cure such default within the 30-Day Cure Period and thereafter diligently pursues such cure to completion ("Cure Period Extension"). In no event shall the Cure Period Extension extend beyond 90 days of the end of the 30-Day Cure Period. In the event WYBL fails to timely meet the requirements of this Section, beyond the expiration of any applicable notice and cure period, WYBL shall be in default and WYBL does hereby authorize the City to enter onto the Property and take full and absolute possession of Property without such re-entry causing a forfeiture of the covenants to be performed by WYBL hereunder for the full Term of the Agreement. City, its officers, employees and/or agents may, but are not obligated to, enter upon the Property and take all reasonable measures to complete WYBL's obligations under this Agreement. If the City does so elect, WYBL shall be responsible for and shall pay to City any and all costs incurred by City to complete WYBL's obligation under this Agreement. WYBL shall remit payment to City within 30 days after receipt of 3 2793 invoice with reasonable supporting documentation, if requested by WYBL, for the City's costs for said work. 11. HAZARDOUS SUBSTANCES. WYBL represents and warrants that hazardous substances will not be generated, stored, disposed of or transported to, on, under, or around the Property by the WYBL. The WYBL shall hold harmless, indemnify, and defend the Indemnified Parties against any damage, loss, expense, response costs, or liability, including consultant fees and attorneys' fees resulting from hazardous substances generated, stored, disposed of, or transported to, on, under, or around the Property by the WYBL, its officials, employees, agents, or contractors. 12. COMPLIANCE WITH LAWS, REGULATIONS, AND POLICIES. The WYBL shall comply, at all times, with all applicable local, state, and federal rules and regulations. 13. CITY ENTRY. City and City's representatives shall have full access to the Property in a manner that does not unreasonably disrupt with WYBL's use of the Property under this Agreement. 14. NOTICES. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (hereinafter each referred to as a "Notice") shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); or (b) when received or rejected by the addressee if sent by a nationally recognized overnight courier (receipt requested); or (c) when received or rejected by the addressee if sent by United States Postal Service via certified or registered mail (receipt requested); provided, that a Notice may be sent by e-mail where expressly permitted by this Agreement. A Notice must be sent to the respective Parties at the following addresses (or at such other address for a Party as shall be specified in a Notice given in accordance with this Section): To City: To WYBL: City of Mound Attn: City Manager 2415 Wilshire Blvd. Mound, MN 55364 Attn: Email: erichoverstenAcitvofmound.com Email With copy to: Hoff Barry, P.A. Attn: City Attorney 100 Prairie Center Drive, Ste. 200 Eden Prairie, MN 55344 Email: slandsmanAhoffbarrv.com 4 2794 15. TAXES. All general real estate taxes coming due during the Term on the Property as a result of WYBL's use of the Property under this Agreement shall be the sole responsibility of WYBL and WYBL shall pay said general real estate taxes on or before the date they are due. If City provides an invoice to WYBL for said taxes, WYBL shall remit payment to the City within 30 days of receiving an invoice from the City. 16. MISCELLANEOUS. a. Entire Agreement. This Agreement and any other documents incorporated herein by reference constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. The terms and conditions of this Agreement shall be binding on and inure to the benefit of the Parties hereto, their respective successors and assigns and the benefits and burdens shall run with the Property. b. Governing Law. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. Any legal suit, action, or proceeding arising out of this Agreement shall be instituted in state court located in Hennepin County, Minnesota, and each Party irrevocably submits to the exclusive jurisdiction of such court in any such suit, action, or proceeding. The Parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or proceeding in such court and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum. c. Assignment. WYBL shall not assign or transfer this Agreement at any time or sublease a portion of the Property without the prior written consent of the City. The City may assign this Agreement upon written notice to WYBL. d. No Liens. WYBL shall promptly pay all bills and invoices related to the maintenance and use of the Property in such manner as to prevent any lien to be placed on the Property. If such a lien is threatened to be placed or is placed on the Property and WYBL fails to take measures to prevent or remove said lien within a reasonable time period, the City, may, but is not obligated to and in addition to any other remedies available in law or equity, pay the lien holder to prevent or remove the lien, as the case may be. In such an event, WYBL shall pay the City its actual cost incurred, including, among other things, legal fees, in preventing or removing said lien within 30 days of demand by the City. e. No Third -Party Beneficiaries. This Agreement is for the sole benefit of the Parties and their respective successors and assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person or 2795 entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. Relationship of the Parries. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or an employee/employer or agency relationship. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third -party. g. Time is of the Essence. Time is of the essence in the performance of the terms and obligations of this Agreement. h. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. Authority. Each Party represents and warrants to the other Party that the signatory of that Paty is authorized to enter into this Agreement for and on behalf of that Party. j. No Estate. The Parties acknowledge and agree that this Agreement is only for the use of the Property for the purpose described herein and does not confer any estate or interest in the Property to WYBL. k. Non -Waiver. The action or inaction of the City shall not constitute a waiver or amendment of the provisions of this Agreement. The waiver by or the failure of the City to enforce any particular section, portion, or requirement of this Agreement at any particular time shall not in any way constitute a waiver of any other section, provision, requirement, time element, or the right to enforce such provision at a subsequent time. To be binding, any amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. Cumulative Rights. Each right, power, or remedy herein conferred upon the City is cumulative and in addition to every other right, power, or remedy, express or implied, now or hereinafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and will not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. in. Quiet Enjoyment. So long as WYBL is not in default under this Agreement beyond any applicable cure period, WYBL shall, subject the terms and conditions of this Agreement, at all times during the Term have quiet enjoyment of the Property. 6 r •e n. Memorandum ofLease. The Parties agree that this Agreement shall not be recorded, but rather shall be evidenced by a Memorandum of Lease Agreement in a form approved by the Parties, which shall be recorded at the expense of the Party recording. o. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. The remainder of this page intentionally left blank; signature page follows 7 2797 IN WITNESS WHEREOF, the Parties have read this Agreement, understand the provisions herein, and agree to enter into this Agreement of the terms and conditions as set forth above. CITY OF MOUND WESTONKA YOUTH BASEBALL LEAGUE, INC. By: Jason R. Holt Its: Mayor By: Eric Hoversten Its: City Manager C Its: r •: EXMEIT E Opwicn aM MwYmmee Plmmf Pvtiog LA Wolaa FwJtl, Mood FR! I.' homes moment Nation lot is imm,Jwm be high wanton; from a water combat sushpoi ,and gmeilly ecquit¢ mare recumbent, cumpsral to typical nomrvtle pmde. Na ryfmmitg matter maintenance may case We napewnearage bal below the ,mate, m Mzmewaloo*tladmtfmoction us designed. R. the MnoelWU Creek Wnenliai Div,,( stall irtyx OC Pakne let M met ml000lly Mimebalu Gteek Watas6sf Dis m t,,wMons ahowd be candunN aft White wossnsm check fw weown pmdiog that might indicate Itml c, witlmpmtl daggng. I The CiryofMoumtl shall psemmamosl mspeadonsofthemaiNJe Mletandawion ofai& Anne;. 4, the Ciry ofMowW shall remove trash, wine and Namir esNW sal S. the Ciryof Mound sha0anauge 6slluporouscomaere might IN lineman elate,be be vustrunswept at hemline, mm pmyeu, 611owM by a N81M^muteletlnsn¢b ke;y We wncNe Pmta opt. 6. PJlhg half -lath bbs through the screw witnesses syem way, Ew Not m, alley-, sent clogging of the potwspavemrntnyer. nowes whaecbggngacunma beget in the pavemum, it may be wbustalc to imull a dmp mlmm wu view i mathe anceisibe sub Ime. ]. pebbles aMcocks can be nicathed union mmuntmm, mopmoos patching cues as lmmg is, the cmmini a wbetwxyf does not ewwI I W e of the pml®g Id arcs. g. Daicirs: tlo tW use mltbxaw, entente mmemimtiom ofgrom"awr ud am may, Noun W rot we samd or yet, baaum thq may, came clogQmg of&a gvenwmi, 9. Ammual nspetiov mad mammi most itlmtify mainly ofamuiliopectime and mairvmenm rcquirtd mYt paftmed 10.'DC Ctiry ofhw and shell vti4ss qualifial professionals wuplde msop,,N6 ill • AlicauN cuntvem,mqulifal wffpmm� shall perform all m®nkmn,umthe parkitg bt • CiryafMavgauRubuttdnme Wsepon ell mentwvice acuvitiea 2799 pliY OF MOVNn ►: H KG i ain IN IUIe Iv.Rnnmvz I imn onwn Executive Summary Report TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director and Rita Trapp, Planning Consultant DATE: December 6, 2023 SUBJECT: Request to determine consistencywith Comprehensive Plan of potential sale of Cityownedproperty Outlet B LOCATION: Southeast corner of CR110/Commerce Blvd. and Old Shoreline Dr. Summary. At its December 5th meeting, the Planning Commission evaluated whether the potential sale of the property in downtown Mound commonly called Oufl of Bfor combination with an adjacent lot to support reinvestment in a commercial use is consistent with the Comprehensive Plan. This determination of consistency by the Planning Commission is referenced in Minnesota Statutes 462.356, Subd. 2. Background. The req nest for the purchase of Oufl of B cam a from the adj acent property owner at 5581 Shoreline Drive who is interested in improving the existing building for professional offices. The existing building was built in the 1930s and has space on two floors. Outlet B would be combined with 5581 Shoreline Drive to allow for the construction of a ramp for ADA accessibility into the building and for the construction of a sign at the corner. This information was presented to the Council as a Council Introduction at its November 28th meeting. Atthe same meeting, the City Council considered the potential purchase agreement to determine whether it wanted to have the Planning Commission evaluate it for consistency with the Comprehensive Plan or if the Council was not interested in considering the purchase agreement further. :11 Outlot B is generally located at the southeast corner of County Road 110/Commerce Boulevard and Old Shoreline Drive. It was created as part of the 2020 Mound Harbor Plat that replatted city -owned parcels in the vicinity into developable lots and outlots. Outlots were created where the City was unclear about interest and appropriate configuration of future development. As outlots cannot have structures or improvements, it was intended that any outlots would be replatted. Mound Comprehensive Plan Evaluation. The Comprehensive Plan guides the Outlot as mixed use, which is intended to include a mixture of commercial, residential, and public uses. The following are two policies from the Land Use Chapter shared with the Planning Commission in their evaluation of consistency: 3. Encourage improvement, lifecycle%ondition renewal, and infill development of existing commercial areas to enhance available services, provide employment opportunities, and expand the tax base. Support investment through close coordination with the business community and property owners, as well as provide when feasible, City assistance through HRA activities, tax increment financing, and public improvements. 4. Maintain the area around and along Shoreline Drive and Commerce Boulevard as the focus of Mound's commercial activity with a mixture of retail, offices, services, and entertainment. Planning Commission Review and Recommendation Based on the land use designation of mixed and land use policies #3 and #4, the Planning Commission, as recommended by Staff, unanimously voted to recommend to the City Council that it determined that the proposed sale of Outlot B for the purpose of combining it with an adjacent parcel for commercial use to be consistent with the Comprehensive Plan. Details of the Planning Commission's review and recommendation is contained in the draft minute excerpts from its December 5" meeting. Additionally, a copy of the Power Point presentation provided at the December 5" meeting has been provided as an attachment. A resolution affirming the Planning Commission's determination has been included for Council consideration. Staff recommends approval. 2801 CITY OF MOUND RESOLUTION NO.23- RESOLUTION AFFIRMING PLANNING COMMISSION RECOMMENDATION DETERMINING SALE OF OUTLOT B, MOUND HARBOR TO ADJACENT OWNER TO BE CONSISTENT WITH THE MOUND COMPREHENSIVE PLAN WHEREAS, Minnesota Statutes 462.356 requires the planning agency to review and make a determination regarding a proposed acquisition or disposal of property and its compliance with the comprehensive plan; and WHEREAS, at its November 28, 2023 meeting, the City Council considered an unsolicited purchase agreement offer from Colin Charlson of 4 C's Equity, LLC to purchase Outlot B, Mound Harbor ("Outlot B"); and WHEREAS, Mr. Charlson of 4 C's Equity, LLC is the owner of the property at 5581 Shoreline Drive which abuts Outlot B. Mr. Charlson is interested in purchasing Outlot B as part of a possible remodel project at 5581 Shoreline Drive to construct a sidewalk/ramp for building accessibility/access along with a monument sign; and WHEREAS, prior to taking action on the purchase agreement, the City Council requested the proposed sale of Outlot B be reviewed by the Planning Commission for a consistency determination with the City's comprehensive plan; and WHEREAS, the evaluation of comprehensive plan consistency of a proposed sale of Outlot B was included on the December 5, 2023 Planning Commission for review and discussion; and WHEREAS, information about the evaluation of comprehensive plan consistency of a potential sale of Outlot B is contained in the December 5, 2023 Planning Commission meeting agenda packet and the draft minutes from the December 5, 2023 meeting; and WHEREAS, the Comprehensive Plan guides Outlot B as mixed use, which is intended to include a mixture of commercial, residential, and public uses. The Planning Commission evaluated the following policies from the Land Use Chapter as part of their review of the comprehensive plan consistency of a possible sale: 3. Encourage improvement, lifecycle%ondition renewal, and infill development of existing commercial areas to enhance available services, provide employment opportunities, and expand the tax base. Support investment through close coordination with the business community and property owners, as well as provide when feasible, City assistance through HRA activities, tax increment financing, and public improvements. / ij 4. Maintain the area around and along Shoreline Drive and Commerce Boulevard as the focus of Mound's commercial activity with a mixture of retail, offices, services, and entertainment. and WHEREAS, based on its review, and as recommended by Staff, the Planning Commission unanimously voted to affirm to the City Council that the proposed sale of Outlot B for the purpose of combining it with an adjacent parcel for improvement or development purposes is consistent with the comprehensive plan as it encourages improvement and infill development in existing commercial areas and the comprehensive plan guides this area as mixed use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, based on the record of this matter including the Planning Report for the December 5, 2023 Planning Commission meeting and the Executive Summary Report for the December 12, 2023 City Council meeting, does hereby incorporate and restate the recitals set forth above and hereby affirms the Planning Commission's determination that the proposed sale of Outlot B, Mound Harbor to an adjacent owner is consistent with the Mound Comprehensive Plan. Adopted by the City Council this 12th day of December, 2023. Attest: City Clerk Kevin Kelly Jason R. Holt, Mayor 0 MEETING MINUTE EXERPTS - DRAFT REGULAR PLANNING COMMISSION DECEMBER 5, 2023 Chair Goode called the meeting to order at 7:00 pm. ROLL CALL Memberspresent: David Goode, Derek Archambault, Jason Baker, Jake Saystrom, Samantha Wacker, Kathy McEnaney, Drew Heal, Nick Rosener and Jon Ciatti. Staff present: Sarah Smith and Consultant Planner Rita Trapp Members of the public: Colin Charlson, 5581 Shoreline Drive BOARD OF ADJUSTMENT AND APPEALS A. Review/recommendation of request to determine consistency with Mound Comprehensive Plan of potential sale of City -owned property known as Outlot B, Mound Harbor Consultant Planner Trapp provided a summary of the request which involves review of a proposed sale of a City lot known as Outlot B, Mound Harbor to determine its consistency with the City's comprehensive plan as required by statute. This task was forwarded to the Planning Commission in advance of the City Council's consideration of a purchase agreement offer from the property owner of 5581 Commerce Boulevard. The purchase agreement was discussed at the November 28th City Council meeting and a Council Introduction of a possible project from the property owner was presented. The potential project includes construction of an ADA sidewalk/ramp and monument sign related to a building remodel/rehabilitation project for professional office use. Colin Charlson, the property owner of 5581 Shoreline Drive was present at the meeting. It was discussed that if the property would be sold, it would need to be combined and replatted as Outlot B was created with the Mound Harbor plat as an outlot and construction of structures is not allowed. The question before the commission is if the sale of this property is consistent with the comprehensive plan. Determination on proposed project construction will be a later discussion. Ms. Trapp explained that the comprehensive plan guides Outlot B as mixed use, which is intended to include a mixture of commercial, residential, and public uses. She also noted the following policies from the Land Use Chapter as it relates to their review of the comprehensive plan consistency. 3. Encourage improvement, lifecycl%ondition renewal, and infill development of existing commercial areas to enhance available services, provide employment opportunities, and expand the tax base. Support investment through close coordination with the business community and property owners, as well as provide when feasible, City assistance through HRA activities, tax increment financing, and public improvements. / l Planning Commission Minutes - Draft 4. Maintain the area around and along Shoreline Drive and Commerce Boulevard as the focus of Mound's commercial activity with a mixture of retail, offices, services, and entertainment. Ms. Trapp commented that historically the Planning Commission evaluation for determination of consistency with the comprehensive plan is included as part of a project application review and not in advance of the Council's consideration of a purchase agreement. However, the City Council requested Planning Commission evaluation for comprehensive plan consistency in advance of its consideration of the purchase agreement offer from Mr. Charlson. Mr. Baker inquired about vacation and lot disposal process. Ms. Trapp commented that the evaluation is not a vacation and the current task is for evaluation of the proposal for purchase from the property owner of 5581 Commerce Boulevard to determine if a potential sale is consistent with the comprehensive plan. She also indicated that interest from another owner was expressed but they have not submitted an offer. The City is responding to the offer on the table. Ms. McEnaney stated she was not in attendance at the November 28' City Council meeting and asked if the property owner could be granted easements to construct the sign monument and the ADA ramp, while the city maintains ownership of the outlot. Ms. Trapp explained that because the City lot is platted as an outlot, no structures can be built unless or until the property is replatted. Allowing the improvements by easement is not allowed on an outlot. Ms. McEnaney also commented she has questions about the proposed project including parking. Ms. Trapp commented that the Planning Commission's request is to discuss whether the potential sale of the outlot to an adjacent property owner is consistent with the comprehensive plan. Questions about the development of the site would be part of any future application. Ciatti clarified they are determining if the sale is consistent with the comprehensive plan and any future development should not be considered at this time, as it will come back if the sale goes through and the property is replatted. Trapp confirmed. Ms. Wacker commented that the matter was well outlined and presented very well. Mr. Archambault inquired about making a determination for consistency without knowing the proposed details of the project. Ms. Trapp commented the question is, is the potential sale of this property for potential development purposes consistent with the comprehensive plan? The future use would need to be conforming to the City code. MOTION by Saystrom to recommend to the City Council that the proposed sale of Outlot B for the purpose of combining it with an adjacent parcel for improvement or development purposes is consistent with the Comprehensive Plan as it encourages improvement and infill development in existing commercial areas and guides this area as mixed use; seconded by Baker. 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Q �rt3 (u FU r+A orqm (D ram+ (D r+ mc 0 0 � v O F' Dq O r+ Go e�F QJ 0 3 3 rf• 0 6HKG1 Planning l Lanni Architecture l Orican Design PLANNING COMMISSION REPORT TO: Planning Commission FROM: Sarah Smith, Community Development Director; Rita Trapp, Planning Consultant DATE: November 30, 2023 SUBJECT: Request to determine consistency with Comprehensive Plan of potential sale of City -owned property LOCATION: Southeast corner of CR110/Commerce Blvd. and Old Shoreline Dr. The City has received an unsolicited request to purchase an outlot, commonly referred to as Outlot B of the Mound Harbor plat, to support reinvestment in an adjacent property in downtown. As part of its consideration of the potential purchase agreement that took place at its November 28" meeting, the City Council has requested the Planning Commission to evaluate the consistency of the proposed sale with the Comprehensive Plan. This determination of consistency by the Planning Commission is referenced in Minnesota Statutes 462.356, Subd. 2. Outlot B is generally located at the southeast corner of County Road 110/Commerce Boulevard and Old Shoreline Drive. It was created as part of the 2020 Mound Harbor Plat that replatted city -owned parcels in the vicinity into developable lots and outlots. Outlots were created where the City was unclear about interest and appropriate configuration of future development. As outlots cannot have structures or improvements, it was intended that any outlots would be replatted. 2813 The request for the purchasing of Outlot B came from the adjacent property owner at 5581 Shoreline Drive. The property owner is interested in improving the existing building for professional offices. The existing building was built in the 1930s and has space on two floors. Outlot B would be combined with 5581 Shoreline Drive to allow for the construction of a ramp for ADA accessibility into the building and for the construction of a sign at the corner. This information was presented to the Council as a Council Introduction at its November 28' meeting. At the same meeting, the City Council considered the potential purchase agreement to determine whether it wanted to have the Planning Commission evaluate it for consistency or if the Council was not interested in considering it further. The request from the City Council is for the Planning Commission to determine whether the potential sale of the property for combination with an adjacent lot to support reinvestment in a commercial use is consistent with the Comprehensive Plan. The Comprehensive Plan guides the Outlot as mixed use, which is intended to include a mixture of commercial, residential, and public uses. The following are two policies from the Land Use Chapter that may inform the Planning Commission's evaluation of consistency: 3. Encourage improvement, lifecycl%ondition renewal, and infill development of existing commercial areas to enhance available services, provide employment opportunities, and expand the tax base. Support investment through close coordination with the business community and property owners, as well as provide when feasible, City assistance through HRA activities, tax increment financing, and public improvements. 4. Maintain the area around and along Shoreline Drive and Commerce Boulevard as the focus of Mound's commercial activity with a mixture of retail, offices, services, and entertainment. Recommendation Based on the land use designation of mixed and land use policies #3 and #4, Staff would recommend that the Planning Commission would recommend to the City Council that it be determined that the proposed sale of Outlot B for the purpose of combining it with an adjacent parcel for commercial use is consistent with the Comprehensive Plan. Opl +.� d INC: t 1 t ti 5341 Maywood Road Mound, MN 55364 (952)472-0604 11 11 0 t : 1 I M To: Honorable Mayor and City Council From: Eric Hoversten, City Manager -Director of Public Works; Sarah Smith, Community Development Director Date: December 6, 2023 Re: Property Owner Submittal of Proposed Purchase Agreement for Outlot B, Mound Harbor for City Council Consideration Background 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 was present at its November 28th 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 possible remodel project of the building at 5581 Shoreline Drive to construct a sidewalk/ramp for accessibility/access and a monument sign for the building. As part of its discussion of the matter at its November 28th meeting the City Council discussed possible options the 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 Following discussion, the City Council's action was to have the purchase agreement offer be evaluated by the Planning Commission at its next meeting for a determination of consistency with the City's comprehensive plan. 2817 The City Council's affirmation of the Planning Commission's determination that the proposed is consistent with the comprehensive plan was included as an agenda item for Council consideration immediately preceding this matter. If the resolution was approved, Staff recommends the City Council go into closed session to discuss the submitted purchase agreement received from Mr. Charlson. In the event the resolution was not approved, no additional discussion on this matter is needed at this time. • Page 2 O : [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. 2819 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. 2820 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 Cghereunder and any cancellation or termination of 281 this Agreement. 1 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. 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. 2823 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 or2024r 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. 2825 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. 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.) NOMA 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: 01t914:1 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 2829 CITY OF MOUND — CITY MANAGER 2415 Wilshire Blvd Mound, MN 55364 TO: Honorable Mayor and City Council FROM: Eric Hoversten, City Manager and Director of Public Works DATE: December 7, 2023 SUBJECT: Public Works Bargaining Unit Contract LOCATION: NA REQUEST: Approve the proposed contract language for the 2024 — 2026 Public Works Collective Bargaining Unit contract agreement with the Teamsters, Local 320 BACKGROUND: The City and Bargaining Unit have been under a 3-year contract from 2021 — 2023 which is due to expire on December 31, 2023. City Staff entered negotiations with the Unit and their representatives in July of 2023 in anticipation of the expiration of that contract with the objective to have a contract ratified by both parties prior to expiration and prior to the early January 2024 departure of the City Manager and Director of Public Works, the lead negotiator for the City. Failure to meet this timeline objective would significantly delay finalization significantly, make the settlement retroactive, and add additional complexity to the process — particularly measuring the "market wage" and 2024 adjustment dilute into actual paid wages in market basket communities. Staff entered the discussions with two primary objectives: establish and pay "at market' for the highly skilled and productive team of employees that are represented under the agreement, and preserve the negotiating footing that prices in the value of the premium on call stipend and Sunday and Holiday overtime multipliers. These equate to just over $1.00 per hour in equivalent salary wage -rate, are equally accessible to all unit employees, and determined to be "desirable" to the employees. As such they should be priced in to any comparative analysis of the market. An at market settlement is essential in maintaining (retaining) highly qualified staff members. Failing to match pace with market wage trends put us at a hiring disadvantage and can result in undesirable employee turnover. Catch-up adjustments in future contact negotiations become larger pills to digest as well; with direct impact on year -on -year levy changes. This is the case for the 2024 salary language in the proposed agreement. The variety of language changes include: Allowing for accrual of up to 70 hours of compensatory time before redemption to Health Care Savings. This is a "no cost' change. 1 2830 Providing for after-hours time accounting for telephonic technical assistance at a minimum of 30 mins. This is a wage -for -work requirement. Increase City healthcare insurance contribution by $50 each year of the contract. This keeps pace with current increases in healthcare cost for the individual employee based on coverage schedules. Single Dependent Opt Out Current(2023) $1,000 $1,350 $275 2024 $1,025 $1,375 $275 2025 $1,050 $1,400 $275 2026 $1,075 $1,425 $275 Increases city -paid life insurance from $20,000 policy to $30,000. Diminamous cost to city at current rate tables. Allow new employees to access vacation time during first 6-months (probationary period). No cost to the City This has been common practice during my tenure anyway. Allow employees to bank and carry over up to 240 hours of vacation. Currently limited to 1.5x annual accrual. This is cost neutral to the City. Reduces max carryover allowed to high tenure employees (none in PW bargaining unit). Non -union admin workers will be grandfathered here. Allow $300 boot allowance per employee per year. For afoot, trade laborers good footwear is the principal protection against neuro and skeletal -muscular injuries to back and lower extremities. This is simply an investment in long term employee health. Current allowance is $225 per year. City cost here is an additional $750 Wage adjustments: 2024 Market Adjustment +6%, + 3% COLA 2025 Market Adjustment +3%, +3% COLA 2026 $1.00 Market Adjustment for Leads, +3% COLA ALL Staff market research on prevailing, comparable wages in our market is based on a two - characteristic market basket. We survey general fringe -metro cities with similar population and infrastructure complexity as well as the west -shoreline cities on Lake Minnetonka. Other -city participation in the survey is voluntary so the results of City and Bargaining Unit work may differ; but in aggregate describe the current comparable labor market. City survey results indicate that following 3 successive years of locked -in 3% COLA from our 2021-2023 contract, we lag the market by about 4% - 6%. The Bargaining Unit evaluation indicated an approximate 6% - 8% lag. The above proposed increases in market adjustment reflect the aggregation of the surveys and incorporate historic CPFCOLA for a 2024 wage. Wage market increases are assumed to continue through 2 2831 2025 at +3% plus historic CPUCOLA. In 2026, only the CCPUCOLA is assumed, except for our Lead Workers who show a slightly greater initial (2023) wage gap, so corrections need to continue into the third year of the contract to completely fix. The above changes have been ratified by the Bargaining Unit and are ready for consideration by the Council. If approved they would be implemented for January 1, 2024 and the negotiating activity for the 2024 — 2026 contract will be complete. The 2024 adjustments here were included in the initial parametric assumptions for 2024 budget development and are consistent with the levy recommendations proposed for 2024. The red -line changes to the contract are being drafted by the Bargaining Unit Union representatives and will be forwarded separately once finalized. RECOMMENDATION: Council Approve proposed contract language. 3 2832 MEMORANDUM Date: December 4, 2023 To: Honorable Mayor and City Council From: Maggie Reisdorf, Deputy City Manager Subject: Approve Resolution: 2024 Fee Schedule Background Minnesota State Statute requires cities to pass a fee schedule. This is reviewed on an annual basis. The City Council adopts the new fee schedule for the upcoming year as part of the 2024 budget process and in coordination with the Long -Term Financial Plan, Fees, Rates, and Charges connected with city related activities such as facility rentals, utility services, building inspections, licensing and permitting, and other misc. fees. 2024 Fee Schedule: Recommended Fee Changes The following fee changes being recommended for change from 2023 to 2024 are included within the Resolution. Se ik-s indicate removal of information and underlines indicate addition of information. After adoption of the 2024 Fee Schedule, fees will go into effect an January 1, 2024. Attachments Resolution Adopting Fee Schedule for 2024. Utility Rate History Information. 2024 Core & Main Fees (Water Meter Hardware). 2024 Apparatus Rates With and Without Staff (Fire Department). 2833 The following changes are recommended within each fee schedule category: Administrative Fees: No Changes Amusement & Commercial Recreation: No Changes Business & Miscellaneous: No Changes Docks: No New Changes (2024 Dock Fee Schedule Changes Approved on 11-28-23). Fire/Emergency Services: Hourly billing for reimbursable fire services. Parks & Recreation: No Changes Public Gathering: No Changes Tax Forfeit And/Or City -Owner Property: No Changes Police Services: No Changes Special Contractor Licenses: No Changes Utilities: Water Meter Hardware Fees (Core & Main 2024) Water Meter Testing Water Rate Increase at 3% Sewer Rate Increase at 3% 0pl CITY OF MOUND RESOLUTION NO. 23- RESOLUTION ADOPTING FEE SCHEDULE FOR 2024 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Fees shall be hereby established. In the event of a conflict between this schedule and the City Code the fee schedule shall prevail. An application or code provision may require payment of fees for consultation with experts, professionals, or other qualified persons or for other matters which may result in the imposition of a fee greater than listed in this fee schedule. ADMINISTRATIVE FEES & CHARGES Comprehensive Plan Copies - Black & White (8.5 x 11 Copies - Black & White (11 x 17) Copies — Color (8.5 x 11 or 8.5 x 14) Copies — Color (11 x 17) Print or Copy 18 x 24 (Arch C) Print or Copy 24 x 36 (Arch D) Envelopes Faxes USB drive with electronic info 38-23 Duplicate license/permit Board and Commissions Minutes Notary (set by State) $30.00 or 8.5 x 14) $0.25/side $0.50/side $1.00/side $2.00/side $4.00/sheet $5.50/sheet $0.25 each $0.25/page $7.00 each $10.00 each (not Council) $0.25/side $5.00 per service for up to 3 documents, $3 for each additional document Returned Check/ACH $50.00/payment Zoning Ordinance $20.00 74-129 Late fee for invoices not paid within 30 days 1 % per month (for billable services provided by City) AMUSEMENT & COMMERCIAL RECREATION Amusements: (Set by State) Expire April 30 10-37 Mechanical Amusement Machines $15.00/location+ $15.00/machine Arcades: Expire Dec. 311 10-37 Arcade Permit (fee per machine) $15.00/location + $15.00/machine Carnivals, Shows, Entertainment: 10-73 Circus, carnival, or show Indoor show $100.00/day Outdoor show $100.00/day Tent shows $100.00/day 10-73 Outdoor Musical concert (only if no public gathering permit) $50.00/event Parades: 38-1 Parade N/C 2835 BUSINESS AND MISCELLANEOUS Alcoholic Beverages: Expire June 301h 6-112 3.2 beer license investigation fee $500.00/investigation 3.2 beer off -sale $150.00/yr. 3.2 beer on -sale $500.00/yr. 3.2 beer on -sale temporary (non-profit) $25.00/day (for profit) $50.00/day 6-21 Set-ups (+State charges $150 for $300.00/yr. Consumption & Display Permit) Temporary (one -day) set-ups $25.00/day 6-25 As permitted by code, on -sale renewals may be paid in two installments, % due on or before June 30 and % due on or before December 31. Fees will be reduced on a prorated basis for the number of days dine -in was prohibited by the Governor's Executive Order calculated as (182.50 - # days prohibited)/182.50 (1/2 year) x $ % license fee. December 16 — June 15 credit on first % payment and June 16 — December 15 credit on second % payment. 6-49 Liquor Lic. Investigation fee per investor (in state) $500.00/applicant (out state) Actual (up to $1,000) 6-48 Liquor on -sale $5,000.00/yr. Liquor on-sale/cabaret $5,000.00/yr. Temporary On -Sale Liquor (1-4 Day) $50.00/event 6-48 Wine on -sale Investigation fee 6-48 Brew Pub on -sale intoxicating liquor license Brew Pub on -sale 3.2 percent malt liquor license Brewer off -sale intoxicating liquor license Brewer temporary on -sale intoxicating liquor license Brewer taproom liquor license Brewer taproom off -sale liquor license Micro -Distillery cocktail room liquor license Micro -Distillery off -sale liquor license Investigation fee for any combination of above licenses 6-48 Club license (regulated by State) Membership 200 or less: Membership 201-500: Membership 501-1,000: Membership 1,001-2,000: Membership 2,001-4,000: Membership 4,001-6,000: Membership more than 6,000: 6-48 Sunday liquor 6-53 Civil Penalty for violation to comply $500.00/yr. $500.00/investigatio n $500/year $500/year $150/year $50/event $500/year $150/year $500/year $150/year $500/investigation $300.00/yr. $500.00/yr. $650.00/yr. $800.00/yr. $1,000.00/yr. $2,000.00/yr. $3,000.00/yr. $200.00/yr. First violation $500.00 Second violation $750.00 Third violation $1,000.00 plus public hearing before City Council to consider suspension and/or revocation of license 6-117 Civil Penalty for violation to comply First violation $500.00 Second violation $750.00 Third violation $1,000.00 plus public hearing before City Council to consider suspension and/or revocation of license Charitable Gambling: Investigation fee (set by State) $200.00 Cigarettes: Regulated by the County. Fireworks 38-253 License to Sell Consumer Fireworks $100.00/yr. Fireworks Display/Pyrotechnics Special Effects Permit $ 50.00/event Added post 2010 Additional inspection if needed +$50.00 Garbage Collection: 54-48 Permit Fee $500.00/yr. Secondhand Goods Dealer Background check/investigation fee $100.00 first year Dealer License $100.00/yr. Peddlers & Solicitors: 38-152 Transient merchants, Peddler, Hawker One day $30.00 One week $50.00 One month $75.00 One year $200.00 CEMETERY FEES 18-22 Adult grave — resident (or prior resident with proof) $700.00 Adult grave — non-resident $1,400.00 Half Grave - Babies & Urns — resident $300.00 Half Grave - Babies & Urns — non-resident $550.00 Increased post 2010 from $400 Locate (for burials and marker placement) Actual cost (min $50.00 per trip) Maintenance Agreement (June -Oct) $15.00/mo. Ash burial placed on top of casket (limit 1 urn) $100.00 DOCKS: 78-38 Commercial Boat (fee per boat) 78-56 Commercial Dock Renewal Slips Boats stored on land 78-76 Charter Boat License Fee Investigation Fee 78-101 Non-refundable processing fee for wait list Application 78-101 Processing fee for full dock refunds 78-101 Late dock license application fee on or after March 1It (abutters only) $30.00/yr. $500.00/yr. $30.00 ea/yr. $10.00 ea/yr. $1,000.00/yr or $1 00.00/occurrence $100.00 $30.00/yr $50.00 $50.00/mo. 2837 78-101 Late dock license application fee for applications received between March 11'and March 15'h (non -abutters only) $100 78-101 Dock fee that includes primary watercraft (1 boat) $400.00/yr 78-101 Each secondary watercraft $170.00/yr. 78-101 Sailboat mooring $400.00/yr 78-101 Appurtenances on public lands benefitting specific Added post 2010 (cost sharing) license holders - special assessment for a portion of the cost as determined by the City Council 78-102 Temporary Visiting Dockage Permit — one-time/10 day max $170.00 78-103 Shared dock (Secondary Site Holder Fee) $400.00/yr 78-104 Penalty fee for undeclared boat at dock (license holder) $100.00 78-104 Penalty for undeclared boat at a slip (license holder) $100.00 78-104 Penalty for illegally mooring boat to dock or slip (non -licensee) $100.00 Impounding of watercraft Actual costs + $100 Administrative Fee 78-101 Multiple Slip Fee $575.00/yr 78-101 Small watercraft slip fee $170.00/yr 78-101 Canoe/Kayak storage fee — Resident $65.00/yr 78-101 Canoe/Kayak storage fee — Non -Resident $90.00/yr 78-101 Lost Lake Slips Multiple (Villas on Lost Lake Residents) 78-101 Lost Lake Slips Multiple (to Mound residents who are not Lost Lake Villa residents) 78-101 Lost Lake Slips Multiple (to Non -Mound residents) 78-101 Lost Lake Slips Multiple (After August 11 of the year) 78-101 Multiple Slip Refundable Key Deposit 78-101 Processing fee for full slip refund 78-101 Processing fee for voluntary suspension of license 78-101 Penalty for boat at slip after October 15'h deadline FIRE/EMERGENCY SERVICES: Fire report (MFD Report) Hourly billing rate for reimbursable fire services $1,300.00/yr $2,500.00/yr $2,800.00/yr $1,500.00/yr $50.00 $50.00 $50.00 $100.00 $10.00 $34.00 $35/hour Apparatus hourly/daily rates for reimbursable fire services - Per Attachment A Fire Related Permit Fees: Tent, Canopies, Membrane Structure (Retail/Special Event) $50.00 Temporary Heating and/or LP Usage $50.00 Bon Fire for Special Event $25.00 Open Flame or Candles in Assembly Area $25.00 Temporary Assembly or Occupancy $25.00 Installation/Removal of any flammable, combustible liquids and LP gas storage tanks Installation for any tank not buried or enclosed 500 gallons or less $50.00 Over 500 gallons $50.00 For any tank buried or enclosed $65.00 Removal $40.00 26-56 False Alarm (per calendar year) Fire and Burglary Separate O : 1�t 2nd 3rd 4th 5th_1 oth ea. over 10 PARKS & RECREATION: Mound Resident Depot Rental Rates: October — April May — September $0.00 $0.00 $100.00 $150.00 $250.00 $500.00 $125.00/day $150.00/day Depot rental — non-residents/non-local non -profits $350.00/day Depot rental - local non -profits $100.00/day Damage deposit $350.00 plus $50.00 cash - City cleaning/emptying of contents - $150.00/hour with a minimum 1-hour charge Cancellation fee (Depot) > 60 days $50.00 Cancellation fee (Depot) < 60 days Rental Fee less $50.00 refund City Hall/Centennial Building room rentals $75.00/day PUBLIC GATHERING: 50-20 Category I Locations: Surfside Park', Greenway, Centerview and Parking Deck - $300 per day with $500 damage deposit and proof of insurance. Public Gathering Permit Fee $300/day Damage Deposit $500/day Category II Locations: Other parks (neighborhoods, veterans' parks) - $50 per day with $200 damage deposit. Public Gathering Permit Fee $50/day Damage Deposit $200/day 'Only one public gathering permit may be issued per day from May to September at Surfside Park & Beach to allow for public enjoyment. Permit granted based on date submitted and fees paid. For gatherings over 50 estimated attendees, the Depot must be rented as well from May to September. TAX FORFEIT AND/OR CITY -OWNED PROPERTY Fee for staff review of request for release of tax forfeit and/or city -owned land $200.00 Escrow Deposit for above (legal fees, etc.) $750.00 POLICE SERVICES Animals: 14-38 Dangerous Dog Annual Registration $500.00 and Other Related Qualified Costs Actual Cost 0 • 14-44 Commercial Kennel: $150.00/yr. 14-1 Redemption of impounded animal (See City of Orono Impound/Release Fees) SPECIAL CONTRACTOR LICENSES Heating, AC, Ventilation: Contractor registration: Tree Surgeon: Expires April 1It 38-207 Tree surgeon (removal & treatment) Street Excavation: 61-23 Street excavation: Unpaved street Asphalt Concrete $0.00 $200.00/yr. $100.00+$500.00 deposit $100.00+$500.00 deposit $100.00+$500.00 deposit UTILITIES - Late Fee Penalty — For all bills not paid on or before the due date specified on the bill, a 10% late fee will be added for the current amount due. PdFii"i State Water Fee — Residential Accounts State Water Fee — Commercial Accounts Bulk Water Sale Charge 74-46 Service Contract Violation 74-77 Water Meter Related MXU Radio Read Transmitter %" iPerl Water Meter 1" iPerl Water Meter For (2) %" meters with MXU For (2) 1" meters with MXU Meters greater than 1" 74-128 Water Meter Test 74-127 Water gallonage rates Base Service Charge User Fee Residential (Quarterly) Tier 1 1-5,000 gallons Tier 2 5,001-25,000 gallons Tier 3 25,001 +gallons $2.43/quarter $0.81 /month $250 administrative fee plus actual cost of water using tiered rates $35.00/upon t-o $155.00 220/radio $269-99 195/meter $340.00 270/meter $555.00 610for two $tea 99 760 for two Actual Retail Cost + $120 + MXU $59499/ $80.00/test $49.49 $20.06/mo/acct. $5.07 5.22/1000g 6.00/1000g $6.79 6.90/1000g Tiers escalators will not apply on residential water use if there is a one-time catastrophic plumbing failure from a frozen pipe burst caused by excessive cold snap. This does not apply to failure to address leaks or cycling water softener. (Limit one exception per owner). User Fee Commercial (Monthly) Tier 1 1-2,000 gallons Tier 2 2,001-15,000 gallons Tier 3 15,001+ gallons $5.07 5.22/1000g $5.83 6.00/1000g $6.70 6.90/1000g / l New Account Charge Estimated Final Bill for Change in Renters On/Off at curb box (during normal business hrs.) On/Off at curb box (after normal business hrs.) Meter Reconnect/Meter Disconnect Repair Fee 74-127 Water Trunk Area Charge (WTAC) Water Service Connection Fee 74-45 Plumber Violation Sewer: 105-100 Master plumber registration 74-241 Connection to sewer. but not water Wastewater Treatment rates Residential: $50.00 $0.00 $25.00 Actual Cost $125 per hour with minimum 1-hr $100/ Per Trip Actual Cost $2,000.00/unit $240.00/unit $100.00/viol. $0.00 $187.11 $192.72 10,000 gals or less $422 64 $126.21 min/qtr Over 10,000 gals/1,000 gals. $7.69 $7.83 Minimum quarterly charge $12254 $126.21 min/qtr Note: The above minimum applies to each single family dwelling or apartment which is in accordance with existing sewer department policy. Commercial, Industrial & Multi -unit Dwellings: 3,000 gals or less Over 3,000 gals/1,000 gals. Minimum monthly charge/unit $49-95 $42.07 min/mo. $7.69 7.83 $40.85 $42.07 Single Family Dwelling - The sewer rate shall be based on the actual water used. Water used but not placed into the sanitary sewer may be deducted providing it is metered. Two -Family Usage and Multiple Dwelling Usage — It is computed on the same basis as a single dwelling, except that the total quarterly charges on all such properties shall not be less than the number of units multiplied by the $40-8b $42.07 month minimum charge per unit. Water used but not placed into the sanitary sewer may be deducted providing it is metered. Dwellings Connected to Sewer but not Connected to Municipal Water — Shall pay a quarterly rate of $427 44 $192.72. If such users wish to pay sewer rates based on gallons of water used, they can purchase a water meter from the City and have their own plumber install the meter on their well. 74-241 Sewer Availability charge(SAC) $2,485.00/unit (passes through to Metro Council Environmental Services Agency) Sewer Trunk Area Charge (STAC) $2,000.00/unit Sewer Service Connection Fee $240.00/unit Storm Sewer Single -Family or Two-family Residential $3.00/lot/gtr. Cemeteries $4.07/acre/mo. Parks and Railroads $12.41/acre/mo. Public and Private Schools/Institutional Use $20.72/acre/mo. Multi -family Residential Uses $49.77/acre/mo. Commercial/Industrial/VVarehouse Use $83.45/acre/mo. Churches $20.72/acre/mo. M Recycling Household Charge: Fee per household per month $5.25/mo. Street Lighting - Franchise Fee per account per month - Commercial/Industrial/Multi-Fam $1.50/mo. Single -Family or Two-family Residential $0.50/mo. Miscellaneous Fees: A miscellaneous fee shall be paid by the applicant for land use application expenses which the City incurs in regard to the review and processing of that application, and which exceeds the application fee. Such expenses may include, but are not limited to, direct City payroll and overhead costs, fees paid to consultants or professionals acting as an agent of the City, the cost of printing, mailing and supplies. Such miscellaneous fees shall come due immediately upon notification by the City. The City shall provide, upon request of the applicant, a breakdown of the various expenses incurred by the City. The City may withhold any final action on a land use application and/or rescind prior actions until all miscellaneous fees are paid in full. The City may request additional deposits if deemed necessary. Escrow amounts and planning fees are detailed in City Code Section 101. Nuisance Abatement Related Fees Street Sweeping $175/hr with a minimum 1-hour charge Mowing Abatement $75 inspection fee per site visit (two site visits per remediation) plus actual cost of remediation Impounding Watercraft $ Actual costs + $100 Administrative Fee Miscellaneous Abatements Actual Cost Attachment A contains hourly and daily rates for Fire Department Apparatus and Equipment and is made a part herein. Adopted by the City Council this 12th day of December, 2023. Attest: Kevin Kelly, Clerk Mayor Jason R. Holt / 'j Mound Fire Department Apparatus Rates With and Without Staff 2024 Apparatus Without Staff Description Category Classification Hourly Rate Daily Rate Aerial Ladder or Quint Aerial $ 450.00 $ 3,600.00 Engine Pumper 1250 GPM Pumper $ 250.00 $ 2,000.00 Tanker Water Tender w/Pursp Tanker/Pumper $ 250.00 $2,000.00 Grass Rig ATV Mini Pumper Grass/Brush I $ 125.00 $ 1,000.00 Heavy Rescue, Utility, Command Vehicle Rescue - Heavy $ 200.00 $ 1,600.00 Light Rescue Rescue - EMS $ 40.00 $ 320.00 Utility Crew Transport Utility - Pickup $ 40.00 $ 320.00 Fire Boat w/Pum Boat - large $ 225.00 $ 1,800.00 Pickup Utility - Chief $ 40.00 $ 320.00 SUV - Duty Officer Utility -Tahoe 1 $ 40.00 $ 320.00 LSU or HazMat Trailer with Tow Vehicle ITrailer &Pick-UpI $ 165.00 $ 1,320.00 ATTACHMENTA Apparatus With Staff $35.00 per hour per firefighter Minimum Staffing Apparatus with 1 Firefighter Apparatus with 2 Firefighters Apparatus with 3 Firefighters Apparatus with 4 Firefighters Apparatus with 5 Firefighters Apparatus with 6 Firefighters 4 Min. Staff: 4 n/a n/a $ 590.00 $ 625.00 n/a 4 Min. Staff: 4 n/a n/a $ 390.00 $ 425.00 n/a 2 Min. Staff: 2 $ 320.00 $ 355.00 n/a n/a n/a 2 Min. Staff: 2 $ 195.00 $ 230.00 $ 265.00 n/a n/a 4 Min. Staff: 4 n/a n/a $ 340.00 $ 375.00 $ 410.00 3 Min. Staff: 3 n/a $ 145.00 $ 180.00 $ 215.00 n/a 1 $ 75.00 $ 110.00 $ 145.00 $ 180.00 n/a na 3 Min. Staff: 3 n/a $ 330.00 $ 365.00 $ 400.00 na 1 $ 75.00 $ 110.00 $ 145.00 $ 180.00 n/a n/a 1 $ 75.00 $ 110.00 $ 145.00 $ 180.00 n/a n/a 4 Min Staff: 4 n/a n/a $ 305.00 $ 340.00 n/a J:AadminAFinancial, Budgets , Contract Expenses\Ctrarging for Fire DZ Ah Hourly Ra@s@o24 Apparatus- Equipment Hoary Rate Calculation in YEAR CITY OF MOUND WATER RATE HISTORY GALLONS RATE % of % Billings INCREASE in Tier 1999-2001 NO CHANGE 0.00% 2002-03 BASE RATE $4.45 5.00% FLAT RATE PER 1,000 $1.30/THOUSAND 5.00% 2003 BASE RATE $4.65 5.00% FLAT RATE PER 1,000 $1.35/THOUSAND 5.00% 2004 BASE RATE $5.10 10.00% FLAT RATE PER 1,000 $1.50/THOUSAND 10.00% 2005 BASE RATE $6.10 20.00% FLAT RATE PER 1,000 $1.80/THOUSAND 20.00% 2006 BASE RATE $6.70 10.00% FLAT RATE PER 1,000 $2.00/THOUSAND 10.00% 2007 - 2009 BASE RATE $10.18 15.00% FLAT RATE PER 1,000 $3.05/THOUSAND 15.00% 2010 RES BASE RATE - QUARTERLY $15.00 47.35% RES FIRST TIER 1,000 - 5,000 $3.51/THOUSAND 15.08% 19% RES SECOND TIER 5,001 - 25,000 $4.04/THOUSAND 32.46% 70% RES THIRD TIER25,001+ $4.64/THOUSAND 52.13% 11% 2010 BASE RATE - MONTHLY $5.00 47.35% FIRST TIER 0 - 2,000 $3.51/THOUSAND 15.08% 33% SECOND TIER 2,001 - 15,000 $4.04/THOUSAND 32.46% 43% THIRD TIER 15,001+ $4.64/THOUSAND 52.13% 24% 2011 RES BASE RATE - QUARTERLY $40.50 170.00% RES FIRST TIER 1,000 - 5,000 $3.51/THOUSAND 0.00% 19% RES SECOND TIER 5,001 - 25,000 $4.04/THOUSAND 0.00% 70% RES THIRD TIER25,001+ $4.64/THOUSAND 0.00% 11% 2011 COM BASE RATE - MONTHLY $13.50 170.00% COM FIRST TIER 0 - 2,000 $3.51/THOUSAND 0.00% 33% COM SECOND TIER 2,001 - 15,000 $4.04/THOUSAND 0.00% 43% COM THIRD TIER 15,001+ $4.64/THOUSAND 0.00% 24% 2012 0.00% 2013 7.50% 2014 2.00% 2015-17 8.50% 2018-22 RES BASE RATE - QUARTERLY $56.72 0.00% RES FIRST TIER 1,000 - 5,000 $4.92/THOUSAND 0.00% RES SECOND TIER 5,001 - 25,000 $5.66/THOUSAND 0.00% RES THIRD TIER25,001+ $6.50/THOUSAND 0.00% COM BASE RATE - MONTHLY $18.91 0.00% COM FIRST TIER 0 - 2,000 $4.92/THOUSAND 0.00% COM SECOND TIER 2,001 - 15,000 $5.66/THOUSAND 0.00% COM THIRD TIER 15,001+ $6.50/THOUSAND 0.00% 2023 RES BASE RATE - QUARTERLY $58.42 3.00% RES FIRST TIER 1,000 - 5,000 $5.07/THOUSAND 3.00% RES SECOND TIER 5,001 - 25,000 $5.83/THOUSAND 3.00% RES THIRD TIER25,001+ $6.70/THOUSAND 3.00% COM BASE RATE - MONTHLY $19.48 3.00% COM FIRST TIER 0 - 2,000 $5.07/THOUSAND 3.00% COM SECOND TIER 2,001 - 15,000 $5.83/THOUSAND 3.00% COM THIRD TIER 15,001+ $6.70/THOUSAND 3.00% 2024 RES BASE RATE - QUARTERLY $60.18 3.00% RES FIRST TIER 1,000 - 5,000 $5.22/THOUSAND 3.00% RES SECOND TIER 5,001 - 25,000 $6.00/THOUSAND 3.00% RES THIRD TIER25,001+ $6.90/THOUSAND 3.00% COM BASE RATE - MONTHLY $20.06 3.00% COM FIRST TIER 0 - 2,000 $5.22/THOUSAND 3.00% COM SECOND TIER 2,001 - 15,000 $6.00/THOUSAND 3.00% COM THIRD TIER 15,001+ $6.90/THOUSAND 3.00% 12/5/2023 in SEWER RATE HISTORY YEAR GALLONS RATE INCREASE 1999-2001 NO CHANGE 0.00% 2002 MINIMUM UP TO 10,000 $42.00 5.00% OVER 10,000 $2.60/THOUSAND 5.00% 2003 MINIMUM UP TO 10,000 $44.10 5.00% OVER 10,000 $2.70/THOUSAND 5.00% 2004 MINIMUM UP TO 10,000 $48.50 10.00% OVER 10,000 $3.00/THOUSAND 10.00% 2005-2006 MINIMUM UP TO 10,000 $50.90 5.00% OVER 10,000 $3.15/THOUSAND 5.00% 2007 MINIMUM UP TO 10,000 $56.00 10.00% OVER 10,000 $3.45/THOUSAND 10.00% 2008 MINIMUM UP TO 10,000 $58.80 5.00% OVER 10,000 $3.65/THOUSAND 5.00% 2009 MINIMUM UP TO 10,000 $61.74 5.00% OVER 10,000 $3.83/THOUSAND 5.00% 2010 MINIMUM UP TO 10,000 $62.36 1.00% OVER 10,000 $3.87/THOUSAND 1.00% 2011 MINIMUM UP TO 10,000 $62.36 0.00% OVER 10,000 $3.87/THOUSAND 0.00% 2012 MINIMUM UP TO 10,000 $67.03 7.50% OVER 10,000 $4.16/THOUSAND 7.50% 2013 MINIMUM UP TO 10,000 $71.06 6.00% OVER 10,000 $4.41/THOUSAND 6.00% 2014 MINIMUM UP TO 10,000 $78.16 10.00% OVER 10,000 $4.85/THOUSAND 10.00% 2015 MINIMUM UP TO 10,000 $85.59 9.50% OVER 10,000 $5.31/THOUSAND 9.50% 2016 MINIMUM UP TO 10,000 $93.72 9.50% OVER 10,000 $5.81/THOUSAND 9.50% 2017 MINIMUM UP TO 10,000 $102.62 9.50% OVER 10,000 $6.36/THOUSAND 9.50% 2018 MINIMUM UP TO 10,000 $105.70 3.00% OVER 10,000 $6.55/THOUSAND 3.00% 2019 MINIMUM UP TO 10,000 $108.87 3.00% OVER 10,000 $6.75/THOUSAND 3.00% 2020 MINIMUM UP TO 10,000 $112.14 3.00% OVER 10,000 $6.95/THOUSAND 3.00% 2021 MINIMUM UP TO 10,000 $115.50 3.00% OVER 10,000 $7.16/THOUSAND 3.00% 2022 MINIMUM UP TO 10,000 $118.97 3.00% OVER 10,000 $7.38/THOUSAND 3.00% 2023 MINIMUM UP TO 10,000 $122.54 3.00% OVER 10,000 $7.60/THOUSAND 3.00% 2024 MINIMUM UP TO 10,000 $126.21 3.00% OVER 10,000 $7.83/THOUSAND 3.00% 2845 12/5/2023 STORM WATER RATE HISTORY MONTHLY % YEAR GALLONS RATE INCREASE 2005 HOUSEHOLD/MONTH =1/5 REF $2.16 15.00% 1 REF=$10.80/MONTH 2006 HOUSEHOLD/MONTH =1/5 REF $2.16 0.00% 1 REF=$10.80/MONTH 2007 HOUSEHOLD/MONTH =1/5 REF $2.16 0.00% 1 REF=$10.80/MONTH 2008 HOUSEHOLD/MONTH =1/5 REF $2.16 0.00% 1 REF=$10.80/MONTH 2009 HOUSEHOLD/MONTH =1/5 REF $2.16 0.00% 1 REF=$10.80/MONTH 2010 HOUSEHOLD/MONTH =1/5 REF $4.00 85.19% 1 REF=$20.00/MONTH 2011 HOUSEHOLD/MONTH =1/5 REF $6.67 66.67% 1 REF=$33.35/MONTH 2012 HOUSEHOLD/MONTH =1/5 REF $7.17 7.50% 1 REF=$35.85/MONTH 2013 HOUSEHOLD/MONTH =1/5 REF $8.24 15.00% 1 REF=$41.20/MONTH 2014 HOUSEHOLD/MONTH =1/5 REF $8.98 9.00% 1 REF=$44.90/MONTH 2015 HOUSEHOLD/MONTH =1/5 REF $9.57 6.50% 1 REF=$47.84/MONTH 2016 HOUSEHOLD/MONTH =1/5 REF $10.19 6.50% 1 REF=$50.95/MONTH 2017 HOUSEHOLD/MONTH =1/5 REF $10.19 0.00% 1 REF=$50.95/MONTH 2018 HOUSEHOLD/MONTH =1/5 REF $1.00 -90.19% 1 REF=$5.00/MONTH 2019-24 HOUSEHOLD/MONTH =1/5 REF $1.00 0.00% 1 REF=$5.00/MONTH REF = Residential Equivalent Factor Note: Only Single Family or Duplex Rates are listed above. Other classifications include: Current Rate Proposed Rate per month per acre per month per acre Cemeteries $3.82 $3.82 0.00% Parks and Railroads $11.65 $11.65 0.00% Retail/Commercial/Industrial/VVarehouse $78.36 $78.36 0.00% Church/Schools/Institutional Use $19.46 $19.46 0.00% Multi -Family $46.73 $46.73 0.00% Rates for these classifications are higher because of the amount of hardcover typically associated with these properties. i � • 12/5/2023 pq YEAR RECYCLING RATE HISTORY 2011 HOUSEHOLD/MONTH 2012-2021 HOUSEHOLD/MONTH 2022-2024 HOUSEHOLD/MONTH RATE $4.25 $4.00 $5.25 pro INCREASE 0.00% -5.88% 31.25% 2847 12/5/2023 =&MAIN -.011111190 1 1/2 omni C2 $1,610.00 2" omni C2 $1,860.00 3" omni C2 $2,350.00 4" omni C2 $4,090.00 1 1/2 omni T2 $1,100.00 2" omni T2 $1,305.00 2" OMNI T2 10" LL $1,105,00 3" omni T2 $1,630.00 4" omni T2 $3,170.00 3/45 iperl (7 1/2"LL) $175.00 3/4 iperl (9" LL) $195.00 1" iperl $270.00 1 1/2 omni R2 $710.00 2" omni R2 $1,010.00 510M sinle port $188.00 510M single port TC $190.00 510M dual port $218.00 510M dual port TC $230.00 2024 MEMORANDUM Date: December 4, 2023 To: Honorable Mayor and City Council From: Maggie Reisdorf, Deputy City Manger Subject: Franchise Fees — Ordinance Amendment Background Per Minnesota Statutes, Section 216B.36, a municipality may require a public utility to obtain a license, permit or franchise to operate on public property. The City may also require public utilities to operate under certain regulations or terns, including the payment of a fee. Generally, municipalities enter into contract agreements with the utility companies, which is then adopted as a City Ordinance. This information is currently found within the City Code under Chapter 74: Utilities of Mound, Appendix A. Curentiy, there is one electric utility (Xcel Energy) and one gas utility (Centerpoint Energy) that operate within the City of Mound. Both sunset on December 31, 2025 and the City Council needs to act to renew or extend the fee at least six (6) months prior to the sunset date. Increasing Franchise Fees Discussions Throughout the 2024 budget process, the City Council has expressed interest in looking into increasing franchise fees to better align benefit of the fee charged to the end user and allow a way to receive revenue from tax exempt properties that benefit from City services. At the October 10, 2023 City Council meeting, the City Council reviewed the two options they requested for consideration as it relates to increasing franchise fees. Option 1 was to keep a flat rate structure by user type (all users maintain same fee), but to increase the monthly rate for all users. Option 2 was to consider a tier flat rate that varies by user type. At the October 10, 2023 City Council meeting, staff was directed to come back with more information on what it would look like if residential rates increased to $4.00 per month and commercial properties were tiered at a higher rate based on regional fee averages. At the November 14, 2023 City Council meeting, Ehlers provided three scenarios based upon the City Council's direction. This included a Scenario — Option 2 structure that proposed increasing residential customers from $2.75 to $4.00 per month and doing tiered rates for commercial properties (depending on size). The anticipated revenue increase was estimated at $290,487.00. At the November 14, 2023 City Council meeting, the City Council provided staff direction to move forward with pursuing Franchise Fee rate changes as noted in the charts below. •.residential 7Residential Monthly $ Flat Fee 4.00 (11(ml Center PL), $ 8.00 Annual $ Payment 96.00 Annualltevenue $ 397,440.00 Current S Flat Rate 124,200.00 % of Revenue 68% mand $ 12.00 $ 24.00 5 288.00 $ 54,144.00 $ 41,736.00 $ 30.00 $ 60.00 $ 720.00 $ 33,480.00 $ 30,411.00 32% $ 145.00 $ 290.00 5 3,480.00 $ 95,700.00 $ 93,985.00 Public Street Lighting $ 4.00 $ 8.00 $ 96.00 $ 576.00 $ 180.00 Munici al Pumping -Non-Demand 11$ 4.00 8.00 5 96.00 S 240.00 S $ 75.00 290 487.00 0.14% 100% TOTAL 581 580.00 Residential Small C&I -Non-Demand Small C&I-Demand Large C&I Public Street Lighting Municipal Pumping - Nor $ 30.00 $ 2.50 $ 222.00 $ 18.50 $ 654.00 $ 54.50 $ 3,414.00 $ 284.50 $ 30.00 $ 2.50 $ 30.001 $ 2.50 Franchise Ordinance Amendment Process In a review by the City Attorney, the following is required per the franchise ordinances. The process and timing for amendments are as follows: Electrical Utility Franchise a. City enacts ordinance amendments and publishes b. 60 days written notice to the company with the proposed changes to the Electrical Utility Franchise ordinance and the Franchise Fee Ordinance c. If agreed by the company in writing, then the ordinance amendments become effective. If not agreed by the company after the 60-day period, then the City Council can by resolution revoke the ordinance or seek its enforcement. 2. Gas Utility Franchise a. City provides 60 days' notice of any proposed amendments b. City and company negotiate on good faith on the changes c. If the company does not accept within 90 days after enactment or provides written notice that the company does not accept the terms, the City Council may either repeal the ordinance or seek its enforcement. 2024 City Budget The intention of the City Council was to initiate the amendment process soon as a way to incorporate the increased franchise fee revenues as part of 2024 budget. Due to the required notification period, etc., staff is confident that the process could be completed by the end of March 2024, with the new fees being implemented in April 2024. Recommendation Staff recommends the following changes: Under Article I. Electric Utility Franchise: 2850 1. Removing the current sunset dates of December 31, 2025. Removal of the sunset clause throughout the document would administratively reduce the amount of time and expense of continuously renewing the agreements at each sunset date. 2. Changing the Franchise Fee, Fee Schedule. Under Article II. Electric Franchise Fees: 1. Removing sunset clause language. 2. Changing Fee Schedule Under Article IV. Gas Franchise Fees: 1. Removing sunset clause language. 2. Changing Fee Schedule This is step one of the process. Official notices will be sent to the Electrical and Gas Utilities with the proposals for their review. Staff is recommending that the City Council approve the Ordinance that amends Chapter 74, Appendix A Regarding Franchises. Attachments Chapter 74: Utilities of Mound (Current) Appendix A: Franchises (Current) Ordinance No. - 2023: An Ordinance Amending Chapter 74, Appendix A Regarding Franchises. 2851 UTILITIES Secs. 74-1-74-18. Reserved. Chapter 74 UTILITIES ARTICLE L IN GENERAL ARTICLE II. FRANCHISE FEES Sec. 74-19. Imposed. The Franchise Ordinances and setting of Franchise Fees are found in Appendix A. Secs. 74-20-74-43. Reserved. ARTICLE III. WATER SYSTEM DIVISION 1. GENERALLY Sec. 74-44. Violations —Termination of service. For a violation of any of the rules and for nonpayment of charges or violations of rules, water may be shut off and it will not be turned on again until all charges, penalties, and fines are paid together with the expense of shutting off and turning on of such water as established by the city, and the City Council may order that no water shall be furnished to any person who is indebted to the city on account of any such charges, penalties, or fines. (Code 1987, § 610.60, Ord. No. 57-1992, 7-6-1992, Ord. No. 01-2001, 2-25-2001) Sec. 74-45. SameByplumbers. For violation of the provisions of this article by plumbers or for the introduction either voluntarily or at the request of any consumer of any pipe or fixture for which a permit has not been granted by the city, the plumber shall forfeit and pay to the city a sum as established by the city, and any damages that may be sustained through loss of water fees, which may be recordable on his bond or direct action. (Code 1987, § 610.65, Ord. No. 01-2001, 2-25-2001) Sec. 74-46. Service contract. The city reserves the right to make any such further rules and regulations and to change the rates from time to time as may be necessary for the preservation, protection, and proper operation of the water system. The rules, regulations, and water rates hereinafter to be named shall be considered a part of the contract with every person who are supplied with water through the water system of the city, and any persons, company, or corporation, by taking water, shall be considered to express their consent to be bound thereby; and whenever any of them or such others as may be hereafter duly adopted by the Council be violated, the water shall be shut off from the place of such violation, even though two or more parties are receiving water through the same pipe and shall not again be turned on except by order of the city and the payment of a penalty as provided in section 74-127. (Code 1987, § 610.25) 74:1 2852 Appendix A FRANCHISES* *Editor's note —Printed herein is Ord. No. 07-2003, effective August 24, 2003. Amendments are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Additions for clarity are indicated by brackets. ARTICLE L ELECTRIC UTILITY FRANCHISE Sec. 1. Definitions. For purposes of this ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Mound, County of Hennepin, State of Minnesota. City utility system. Facilities used for providing public utility service owned or operated by city or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns including all successors or assignees that own or operate any part or parts of the electric facilities subject to this franchise. Electric facilities. Electric transmission and distribution towers, poles, conductor lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by company for the purpose of providing electric energy for public use. Non -betterment costs. Costs incurred by company from relocation, removal or rearrangement of electric facilities that do not result in an improvement to the electric facilities. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Legal Services, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the city shall be mailed to the City Manager, City of Mound, 5341 Maywood Road, Mound, MN 55364-1627. Any party may change its respective address for the purpose of this ordinance by written notice to the other parties. Public ground. Land owned or otherwise controlled by the city for park, open space or similar public purpose, which is held for use in common by the public. Public way. Public right-of-way within the city as defined in Minn. Stat. § 237.163, subd. 3. Sec. 2. Adoption of franchise. 2.1. Grant of franchise. City hereby grants company, the right to transmit and furnish electric energy for light, heat and power for public and private use within and through the limits of the city as its boundaries now exist or as they may be extended in the future. For these purposes, company may construct, operate, repair and maintain electric facilities in, on, over, under and across the public ways and public grounds, subject to the provisions of this ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, CDA:1 2853 subject however, to such reasonable regulations as may be imposed by the city pursuant to ordinance and to the further provisions of this franchise agreement. 2.2. Effective date; written acceptance. This franchise shall be in force and effect from and after the passage of this ordinance and any subsequent amendments and publication as required by law and its acceptance by company and shall expire on December 31, 2025. If company does not file a written acceptance with the city within 60 days after the date the City Council adopts this ordinance and any subsequent amendments, or otherwise places the city on notice, before that time, that the company does not accept all terms of this franchise, the City Council by resolution may revoke this ordinance or seek its enforcement in a court of competent jurisdiction. 2.3. Service, rates and area. The service to be provided and the rates to be charged by company for electric service in city are subject to the jurisdiction of the commission. The area within the city in which company may provide electric service is subject to the provisions of Minnesota Statutes, Section 21613.40 [Minn. Stats. § 21613.40]. 2.4. Publication expense. The expense of publication of this ordinance shall be paid by company. 2.5. Dispute resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the date of written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in district court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of franchise. If the city and company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the city or company serves written notice to the other party of its intention to allow the franchise to expire, but in no event shall this franchise continue for more than one year after expiration of the term set forth in section 2.2. (Ord No. 03-2023, 04-09-2023) Sec. 3. Location, other regulations. 3.1. Location of facilities. Electric facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over public ways and so as not to disrupt normal operation of any city utility system. Electric facilities shall be located on public grounds as determined by the city. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of electric facilities shall be subject to any permit requirements authorized in a separate ordinance and other reasonable regulations of the city, consistent with authority granted the city to manage its public ways and public grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement. Company may abandon underground electric facilities in place, provided, at city's request, company, at its own expense, removes abandoned metal conduits or concrete encased conduit or other facilities interfering with a city improvement project, to the extent such conduit is uncovered as part of the city's improvement project. 3.2. Street openings. Company shall not open or disturb the surface of any public way or public ground for any purpose without first having obtained a permit from the city, if required CDA:2 0pl by a separate ordinance for which the city may impose a reasonable fee, subject to the provisions of section 9. Permit conditions imposed on company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any public way or public ground without a permit if (i) an emergency exists requiring the immediate repair of electric facilities and (ii) company gives telephone, e-mail or similar notice to the city before, if reasonably possible, commencement of the emergency repair. Within two business days after commencing the repair, company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any public way, company shall restore the public way in accordance with Minnesota Rules, part 7819.1100 and applicable city ordinances to the extent consistent with law. Company shall restore the public ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six months thereafter, but shall have no obligation to water any grass or other vegetation thereon. All work shall be completed as promptly as weather permits, and if company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the public ground in the said condition the city shall have, after demand to company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the public ground at the expense of company. Company shall pay to the city the cost of such work done for or performed by the city. This remedy shall be in addition to any other remedy available to the city for noncompliance with this section 3.3. 3.4. Performance security. The city hereby waives any requirement, in the normal course of company operations, for company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under a separate existing or future ordinance of the city, of a person or entity obtaining the city's permission to install, replace or maintain facilities in a public way or the public ground. Notwithstanding the foregoing, the city reserves the right to require a performance bond for new installation, replacement, or repairs, when the duration of company's work within a public way is estimated by company to exceed 14 calendar days and company's completion of its work is required in order for the city to proceed with its work for constructing a public improvement to the public way. 3.5. Shared use of poles. Company shall make space available on its poles or towers for city fire, water utility, police or other city facilities whenever such use will not interfere with the use of such poles or towers by company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the city shall pay for any added cost incurred by company because of such use by city. 3.6. Avoid damage to electric facilities. Nothing in this ordinance relieves any person, including company, from liability arising out of the failure to exercise reasonable care to avoid damaging electric facilities or other persons or property while performing any activity. 3.7. Notice of improvements to streets. The city must give company reasonable written notice of plans for improvements to public ways where the city has reason to believe that electric facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the public ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the city will start the work, and (v) if more than one public way is involved, the order in which the work is to proceed. The notice must be given to company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit company to make any additions, alterations or repairs to its electric facilities company deems necessary. CDA:3 2855 3.8. Mapping information. Company must promptly provide mapping information for any of its underground electric facilities in accordance with Minnesota Rules parts 7819.4000 and 7819.4100. Sec. 4. Relocations. 4.1. Relocation in public ways. Company shall comply with the requirements of any applicable ordinance of the city relating to relocation of electric facilities in public ways to the extent consistent with Minnesota Rules, part 7819.3100 and applicable law. 4.2. Relocation in public grounds. The city may require company at company's expense to relocate or remove its electric facilities from public ground upon a finding by city that the electric facilities have become or will become a substantial impairment to the existing or proposed public use of the public ground. Such relocation shall comply with applicable city ordinances consistent with law. 4.3. Projects with federal funding. Relocation, removal, or rearrangement of any electric facilities made necessary because of the extension into or through city of a federally - aided highway project shall be governed by the provisions of Minnesota Statutes section 161.46 [Minn. Stats. § 161.46], as supplemented or amended. It is expressly understood that the right herein granted to company is a valuable property right and city shall not order company to remove or relocate its facilities without compensation when a public way is vacated, improved or re -aligned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the federal government or any agency thereof, unless the reasonable non -betterment costs of such relocation is first paid to company. The city is obligated to pay company only for those portions of its relocation costs for which city has received federal funding specifically allocated for relocation costs in the amount requested by the company. 4.4. No waiver. The provisions of section 4 apply only to electric facilities constructed in reliance on a franchise from city and company does not waive its rights under an easement or prescriptive right or state or county permit Sec. 5. Tree trimming. Unless otherwise provided in any permit or other reasonable regulation required by the city under separate ordinance, company may trim all trees and shrubs in the public ways and public grounds of city to the extent company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any electric facilities installed hereunder, provided that company shall save the city harmless from any liability arising therefrom. Sec. 6. Indemnification. 6.1. Indemnity of city. Company shall indemnify and hold harmless the city from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the electric facilities located in the public ways and public grounds. The city shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the city's negligence as to the issuance of permits for, or inspection of, company's plans or work. 6.2. Defense of city. In the event a suit is brought against the city under circumstances where this agreement to indemnify applies, company at its sole cost and expense shall defend the city in such suit if written notice thereof is promptly given to company within a period wherein company is not prejudiced by lack of such notice. If company is required to indemnify and defend, it will thereafter have control of such litigation, but company may not settle such litigation without the consent of the city, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the city, and company, in defending any action on behalf of the city, shall be entitled to assert in any action every defense or immunity that the city could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the city of any of its defenses of immunity or limitations on liability under Minnesota Statutes, chapter 466 [Minn. Stats. ch. 466]. Sec. 7. Vacation of public ways. The city shall give company at least two weeks prior written notice of a proposed vacation of a public way. Except where required solely for a city improvement project, the vacation of any public way, after the installation of electric facilities, shall not operate to deprive company of its rights to operate and maintain such electric facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to company. In no case, however, shall the city be liable to company for failure to specifically preserve a right-of- way, under Minnesota Statutes, section 160.29 [Minn. Stats. § 160.29]. In accordance with Minnesota Rules, part 7819.3200, if the city's order directing vacation of the public way does not require relocation of the company's electric facilities, the vacation proceedings shall not be deemed to deprive company of its right to continue to use the right-of-way of the former public way for its electric facilities installed prior to such order of vacation. Sec. 8. Change in form of government. Any change in the form of government of the city shall not affect the validity of this ordinance. Any governmental unit succeeding the city shall, without the consent of company, succeed to all of the rights and obligations of the city provided in this ordinance. Sec. 9. Franchise fee. 9.1. Fee schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the company for work in or use of the right-of-way, the city may impose on the company a franchise fee by collecting the amounts indicated in a fee schedule set forth in a separate ordinance from each customer in the designated company customer class. The city retains the right to modify the fee rate and fee design for the term of the franchise, subject to fee limits agreed upon below. The parties have agreed that the franchise fee collected by the company and paid to the city in accordance with this section 9 shall not exceed the following amounts, as they may be adjusted for inflation during the term of this franchise: Class Amount Per Month Residential 3.00 Sm C & I -- Non-Dem 5.00 Sm C & I -- Demand' 10.00 Large C & I 10.00 Public Street Ltg. 5.00 Muni Pumping — N/D 5.00 Muni Pumping — Dem 5.00 9.2. Separate ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council. Unless otherwise agreed by the company, the ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon company by certified mail. The fee shall not become effective until at least 60 CDA:5 2857 days after written notice enclosing such adopted ordinance has been served upon company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between company and the city in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the city to implement a separate ordinance will commence until this ordinance is effective. 9.3. Collection of the fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this section 9. The time and manner of collecting the franchise fee is subject to the approval of the commission. No franchise fee shall be payable by company if company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in company's applicable rates for electric service. Company may pay the city the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the city at reasonable times provided that the city and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.4. Terms defined. 9.4.1. "Class" shall refer to classes listed in the fee schedule and as defined or determined in company's electric rate book on file with the commission. 9.4.2. "Fee schedule" refers to the schedule in section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The fee schedule in the separate ordinance may include new customer classes added by the company to its electric tariffs after the effective date of this franchise agreement. 9.5 Equivalent fee requirement. The separate ordinance imposing the fee shall not be effective against company unless it lawfully imposes and the city monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the city by any other energy supplier, provided that, as to such a supplier, the city has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this section 9.5, the foregoing conditions will be waived to the extent of such written consent. Notwithstanding the foregoing equivalent fee requirement, city retains the final right to determine a franchise fee structure that, after good faith negotiations with company, the city in its sole Xd . O : discretion, is satisfied constitutes a reasonable equivalent fee structure between customers of the company and other energy suppliers. Ordinance No. 08-2003, duly passed and effective August 24, 2003, implements an electric franchise fee, and is hereby included in its entirety by reference, and is printed after section 12. Sec. 10. Provision of ordinance. 10.1. Severability. Every section, provision, or part of this ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part; provided, however, that if the city is unable to enforce its franchise fee provisions for any reason the city will be allowed to amend the franchise agreement to impose a franchise fee pursuant to statute. Where a provision of any other city ordinance conflicts with the provisions of this ordinance, the provisions of this ordinance shall prevail. 10.2. Limitation on applicability. This ordinance constitutes a franchise agreement between the city and company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. Sec. 11. Amendment procedure. Either party to this franchise agreement may at any time propose that the agreement be amended. This ordinance may be amended at any time by the city passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of company's written consent thereto with the City Clerk after City Council adoption of the amendatory ordinance. Sec. 12. Previous franchises superseded. This franchise supersedes and replaces previous franchises granted to the company or its predecessors. Upon company acceptance of this franchise under section 2.2, the previous franchise shall terminate. (Code 1987, Ord. No. 07-2003, 8-24-2003) *Editor's note — Printed herein is Ord. No. 08-2003, effective August 24, 2003. Amendments are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Additions for clarity are indicated by brackets. ARTICLE IL ELECTRIC FRANCHISE FEES Sec. 1. Purpose. The City Council has determined that it is in the best interest of the city to impose a franchise fee on those public utility companies that provide natural gas and electric services within the city. Pursuant to Ordinance No. 07-2003, a franchise agreement between the city and Northern States Power Company, d/b/a Xcel Energy, the city has the right to impose a franchise fee on Xcel Energy in an amount and fee design as set forth in Section 9.1 of the Xcel Energy Franchise and in the fee schedule shown as Section 9. Sec. 2. Franchise fee. A franchise fee is hereby imposed on Xcel Energy under its Electric Franchise in accordance with the schedule attached hereto and made a part of this article, commencing with the Xcel Energy's November 2003, billing month. CDA:7 0 • Sec. 3. Payment. The said franchise fee shall be payable to the city in accordance with the terms as established by the city. Sec. 4. Surcharge. The city recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the city the amount of the fee. Sec. 5. Record support for payment. Xcel Energy shall make each payment when due and, if requested by the city, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Sec. 6. Enforcement. Any dispute, including enforcement of a default regarding this article will be resolved in accordance with section 2.5 of the franchise agreement. Sec. 7. Effective date of franchise fee. Notwithstanding the effective date of the ordinance from which this article is derived and notwithstanding any contrary provisions in the franchise, the effective date of the franchise fee collected under section 2 is the later of ten days after the publication or after the sending of written notice enclosing a copy of this article upon Xcel Energy by certified mail. It has been agreed to in advance by Xcel Energy's representatives that Xcel Energy will abide by the provisions of this section 7; provided the fee collection will not commence before the later of the company billing month set forth in subsection (b) of this section or the first billing month commencing 30 days after the foregoing effective date of the franchise fee. Sec. 8. Sunset clause. The Ordinance from which this article is derived shall automatically sunset on December 31, 2025, unless the City Council acts to renew or extend the fee at least six (6) months prior to the sunset date. The City Council may unilaterally renew or extend the fee on the same terms and conditions. Without waiver of any rights under Minnesota law, the City Council shall seek agreement from the Company if the City intends to change the fee rate or fee design. Sec. 9. Fee Schedule. Class Meter Fee Residential $2.75 Sm C&I — Non-Dem $2.75 Sm C&I—Demand $2.75 Large C & I $2.75 Public Street Ltg. $2.75 Muni Pumping — N/D $2.75 Muni Pumping — Dem $2.75 (Ord. No. 08-2003, § 1, 8-12-03; Ord. 08-2008, 7-6-08, Ord. 15-2008, 12-21-08; Ord. 03-2009, 6-21-09; Ord 05-2009, 8-20-09, Ord. No. 05-2010, 8-1-10; Ord. No. 11-2010, 1-2-11; Ord. No. 02-2011, 5-22-11; Ord. No. 03-2012, 6-3-12, Ord. No. 07-2013, 1-1-14, Ord. No. 08-2013, 1-1-14, Ord. No. 05-2014, 5-25- 14, Ord. No. 04-2016, 5-08-16, Ord. No. 02-2019, 11-24-2019) *Editor's note — Printed herein is Ord. No. 12-2002, effective July 21, 2002. Amendments are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Additions for clarity are indicated by brackets. ARTICLE III. GAS UTILITY FRANCHISE Sec. 1. Definitions. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order / l shall have the following meanings: City. The City of Mound, County of Hennepin, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPomt Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy') its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for retail or wholesale use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Manager, City of Mound, 2415 Wilshire Blvd., Mound, MN 55364-1627. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. Ordinance. This gas franchise ordinance, also referred to as the Franchise. Public Way. Any highway, street, alley or other public right-of-way within the City. Public Ground. Land owned or otherwise controlled by the City for utility easements, park, trail, walkway, open space or other public property, which is held for use in common by the public or for public benefit. (Ord. No. 05-2022, 07-24-2022) Sec. 2. Adoption of Franchise. 2.1. Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such lawful regulations as may be adopted by separate ordinance and as currently exist under City Code. The Company shall be notified 60 days in advance of proposed changes to this article. The City and Company shall negotiate in good faith to reach mutually acceptable changes. If the City and Company are unable to agree, disputes will be handled under the terms of Section 2.5 of this Ordinance. If a provision of Section 7.17 conflicts with a provision on the same subject in this Ordinance, this Ordinance will control. 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 90 Days after the date X_ . r:. the City Council adopts this Ordinance, or otherwise places the City on written notice, at any time, that the Company does not accept all terms of this franchise, the City Council by resolution may either repeal this ordinance or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas Rates. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Commission 2.4. Publication Expense. The expense of publication of this Ordinance shall be paid by Company. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after fast meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief permitted by law. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. Sec. 3. Location, other regulations. 3.1. Location of Facilities. Subject to regulation under Section 7.17, Gas Facilities in the Public Way shall be located, constructed, and maintained so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City. 3.2. Restoration of Public Ways and Public Ground. Restoration of the Public Way shall be subject to Section 7.17. After completing work requiring the opening of Public Ground, the Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits. If Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition and after demand to Company to cure, City shall, after passage of a reasonable period of time following the demand, but not to exceed five days, have the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section. 3.3. Waiver of Performance Security. The City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under Section 7.17 currently or in the future. The City reserves all other rights under this Article to enforce Company performance requirements for work in the Public Way or Public Ground. 3.4. Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. Sec.4. Relocations. 4.1. Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall be subject to this Article. City may require Company at Company's expense to relocate or remove its CDA:10 / 'J Gas Facilities from Public Grounds upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Grounds. Relocation Gas Facilities in Public Ground shall comply with applicable City ordinances consistent with law. 4.2. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46, as supplemented or amended. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless agreement is made that the reasonable Non -Betterment Costs of such relocation and the loss and expense resulting therefrom will be paid to Company when available to the City. The City need not pay those portions of such for which reimbursement to it is not available. 4.3. No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed in reliance on a permit or franchise from City and Company does not waive its rights under an easement or prescriptive right or State or County permit. Sec. 5. Change in form of government. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. Sec.6. Franchise fee. 6.1. Reservation of rights. The City reserves all rights under Minn. Stat. § 21613.36, to require a franchise fee at any time during the term of this franchise. If the City elects to require a franchise fee it shall notify Company and negotiate in good faith to reach a mutually acceptable fee agreement, which shall be set forth in a separate ordinance and not adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon the Company by certified mail. If the City and Company are unable to agree on a franchise fee or on any terms related thereto, each hereby consents to the jurisdiction of State District Court, Hennepin County, to construe their respective rights under the law, subject to all rights of appeal. Sec. 7. Limitation of applicability; no waiver. This Ordinance constitutes a franchise agreement between the City and its successors and the Company and its successors and permitted assigns, as the only parties. No provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. Sec. 8. Amendment procedure. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. Sec.9. Previous franchise superseded. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous franchise CDA:11 0 shall terminate. (Code 1987, 625.00, Ord 12-2002, 7-21-02) *Editor's note —Printed herein is Ord. No. 05-2003, effective March 8, 2003. Amendments are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Additions for clarity are indicated by brackets. ARTICLE IV. GAS FRANCHISE FEES Sec. 1. Purpose. The Mound City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide gas and electric service within the City of Mound. Pursuant to City Ordinance No.12-2002, a Franchise Agreement between the City and CenterPoint Energy Minnegasco, the City has reserved its right to impose a franchise fee on CenterPoint Energy Minnegasco in amount and fee design as agreed. The parties have agreed on a fee as set forth in the fee schedule shown as Section 9. Sec. 2. Franchise Fee Statement. A franchise fee is hereby imposed on CenterPoint Energy Minnegasco under its Gas Franchise in accordance with the schedule attached hereto and made a part of this ordinance, commencing with the CenterPoint Energy Minnegasco's August billing month. The City reserves the right to review the fee for purposes of termination, continuation or modification. The City further retains its rights under Minnesota law during the term of the underlying franchise. Sec. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 10. Sec. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that CenterPoint Energy Minnegasco will surcharge its customers in the City the amount of the fee. Sec. 5. Record Support for Payment. CenterPoint Energy Minnegasco shall make each payment when due and, if requested by the City, shall furnish a statement of gas usage by each customer class at the time of each payment for the period for the payment was made. CenterPoint Energy Minnegasco shall permit the City's designated representative reasonable access to the company's records for the purpose of verifying such statements. Sec. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Sec. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Section 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon CenterPoint Energy Minnegasco by certified mail. It has been agreed to in advance by CenterPoint Energy Minnegasco's representatives that CenterPoint Energy Minnegasco will abide by the provisions of this Section 7. Sec. 8. Sunset Clause. CDA:12 The Ordinance from which this article is derived shall automatically sunset on December 31, 2025, unless the City Council acts to renew or extend the fee at least six (6) months prior to the sunset date. The City Council may unilaterally renew or extend the fee on the same terms and conditions. Without waiver of any rights under Minnesota law, the City Council shall seek agreement from Company if the City intends to change the fee rate or fee design. (Ord No.02-2019, 11-24-2019) Sec. 9. Fee Schedule. Class Monthly Meter Fee Residential $2.75 Comm. Firm Non -Demand $2.75 Comm. Firm Demand $2.75 Small Interruptible $2.75 Large Interruptible $2.75 Firm Transportation $2.75 Interruptible Transportation $2.75 Sec. 10. Collection of the Fee. The franchise fee shall be payable monthly and shall be based on the complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. The fee may be changed by ordinance from time to time, however, each change shall meet the same notice requirements and may not occur more often than annually. Such fee shall not exceed any amount, which the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds. The time and manner of collecting the franchise fee is subject to approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its records available for inspection by the City at reasonable times, provided that the City and its designated representative agree in writing not to disclose any information that is not public data which would indicate the amount paid by any identifiable customer or any other information regarding specific customers. (Code 1987, Ord. 05-2003, 8-03-03; Ord. 09-2008, 7-06-08; Ord. 06-2009, 9-20-09; Ord No. 12- 2010, 1-2-11; Ord. No. 01-2011, 5-22-11; Ord. No. 04-2012, 6-3-12; Ord. No. 07-2013, 1-1-14; Ord. No. 08-2013, 1-1-14; Ord. No. 05-2014, 5-25-14; Ord. No. 04-2016, 5-8-16) CDA:13 0 CITY OF MOUND ORDINANCE NO. - 2023 AN ORDINANCE AMENDING CHAPTER 74, APPENDIX A REGARDING FRANCHISES THE CITY COUNCIL OF THE CITY OF MOUND DOES ORDAIN: SECTION 1. AMENDMENT. Mound City Code Chapter 74, Appendix A is hereby amended by adding the underlined language and deleting the tfi'� language as follows: ARTICLE L ELECTRIC UTILITY FRANCHISE Sec. 2. Adoption of franchise 2.1. Grant offranchise. City hereby grants company, the right to transmit and furnish electric energy for light, heat and power for public and private use within and through the limits of the city as its boundaries now exist or as they may be extended in the future. For these purposes, company may construct, operate, repair and maintain electric facilities in, on, over, under and across the public ways and public grounds, subject to the provisions of this ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the city pursuant to ordinance and to the further provisions of this franchise agreement. 2.2. Effective date; written acceptance. This franchise shall be in force and effect from and after the passage of this ordinance and any subsequent amendments and publication as required by law and its acceptance by company, and shall expire a Pe .ember 3 1 2025. If company does not file a written acceptance with the city within 60 days after the date the City Council adopts this ordinance and any subsequent amendments, or otherwise places the city on notice, before that time, that the company does not accept all terms of this franchise, the City Council by resolution may revoke this ordinance or seek its enforcement in a court of competent jurisdiction. 2.3. Service, rates and area. The service to be provided and the rates to be charged by company for electric service in city are subject to the jurisdiction of the commission. The area within the city in which company may provide electric service is subject to the provisions of Minnesota Statutes, Section 21613.40 Sec. 4. Relocations. 4.2 Projects with federal funding. Relocation, removal, or rearrangement of any electric facilities made necessary because of the extension into or through city of a federally- aided highway project shall be governed by the provisions of Minnesota Statutes section 161.46 rn a: at.at. u 161.464, as supplemented or amended. It is expressly understood that the right herein granted to company is a valuable property right and city shall not order company to remove or relocate its facilities without compensation when a public way is vacated, improved or re -aligned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the federal government or any agency thereof, unless the reasonable non -betterment costs of such relocation is first paid to company. / le The city is obligated to pay company only for those portions of its relocation costs for which city has received federal funding specifically allocated for relocation costs in the amount requested by the company. Sec. 6. Indemnification. 6.2 Defense of city. In the event a suit is brought against the city under circumstances where this agreement to indemnify applies, company at its sole cost and expense shall defend the city in such suit if written notice thereof is promptly given to company within a period wherein company is not prejudiced by lack of such notice. If company is required to indemnify and defend, it will thereafter have control of such litigation, but company may not settle such litigation without the consent of the city, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the city, and company, in defending any action on behalf of the city, shall be entitled to assert in any action every defense or immunity that the city could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the city of any of its defenses of immunity or limitations on liability under Minnesota Statutes, chapter 466 rn a: ctat. .k 4664. Sec. 7. Vacation of public ways. The city shall give company at least two weeks prior written notice of a proposed vacation of a public way. Except where required solely for a city improvement project, the vacation of any public way, after the installation of electric facilities, shall not operate to deprive company of its rights to operate and maintain such electric facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to company. In no case, however, shall the city be liable to company for failure to specifically preserve a right -of- way, under Minnesota Statutes, section 160.29 [Mina. ctat. § i 60 2- t In accordance with Minnesota Rules, part 7819.3200, if the city's order directing vacation of the public way does not require relocation of the company's electric facilities, the vacation proceedings shall not be deemed to deprive company of its right to continue to use the right-of-way of the former public way for its electric facilities installed prior to such order of vacation. Sec. 9. Franchise fee. 9.1. Fee schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the company for work in or use of the right-of-way, the city may impose on the company a franchise fee by collecting the amounts indicated in a fee schedule set forth in a separate ordinance from each customer in the designated company customer class. The city retains the right to modify the fee rate and fee design for the term of the franchise., sobjo .t to f o limits affooa ..pen bol ow CE455 drmi,.,....,.,.t Dom- 44L9Ht744(9,.t7 Resi iil -3-W C—, 41 11l8 Stet (` R 4&00 2 O 4) ee Publia S foot l .g wee -5-W Muni Pumping e-. wee ARTICLE IL ELECTRIC FRANCHISE FEES Sec. 81. Fee Schedule Class Meter Fee Residential $2-734.00 Sm C&I - Non-Dem $2-7312.00 Sm C&I - Demand $2-7330.00 Large C & I $2.75145.00 Public Street Ltg. $2.754.00 Muni Pumping - N/D $2-.7-34.00 Muni Pumping - Dem S2-- 4.00 ARTICLE IV. GAS FRANCHISE FEES nisee!��nes...... nc�e�aRs�era�s�a�r�s�sarnns�a��sesres!�s �e�sae!�sse!�.�ess� Sec. 81. Fee Schedule Class Residential C8_�f DefftandCommercial A ommercial B Small latuffuptibleCommercial C Large lateffuptibleSVDF A Afm @aSVDF B Monthlv Meter Fee $2-734.00 $2.7512.00 $2-7330.00 S2- 145.00 $2.734.00 $2.734.00 O SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publications as required by law. Adopted by the City Council of the City of Mound this 12"' day of December, 2023. Jason R. Holt, Mayor ATTEST: Kevin Kelly, City Clerk Published in the on .20 4 / * n Date: December 5, 2023 To: City Mayor and City Council From: Maggie Reisdorf Deputy City Manager Subject: 2024 Proposed Final Budget and Levy Resolutions Background The following information pertains to the 2024 Final Budget and Levy Resolutions based on the discussions between the City Council and staff at several special budget meetings and regular City Council meetings over the past several months. At the September 12, 2023 City Council meeting, the City Council discussed the proposed preliminary budget and levy. It was at this meeting that the City Council directed staff to return to the September 26, 2023 with a resolution that reflected a 15% preliminary levy dollar increase for approval. The County Assessor used this information for the estimated tax statements that they mailed out to all properties in November. A reminder the preliminary levy amount cannot be increased and can only be lowered when determining the final levy. Since setting the preliminary levy, the City Council has continued to discuss budget related items such as revenue diversification, finalizing costs, capital planning and other additional refinements in the pursuit of finalizing a budget that meets the goals and priorities of the upcoming year. 2024 Preliminary Levy - General Fund Review The 2024 Preliminary Levy discussion centered on reviewing several budget scenarios. Staff started with presenting a `baseline' budget scenario that reflected current challenges and cost realities related to inflation. It reflected the need to add additional staff in 2024 including a Public Works Director and a fleet mechanic. It also included the City's trending reduction in the city's Local Government Aid (LGA) allocation. Taken together, a summary of the `baseline only' year over year changes showed the need for at least a minimum of a 12% levy increase. As it pertains to Local Government Aid (an allocation made from the State of Minnesota to cities based on an algorithm), recent changes in the algorithm has significantly changed the city's allocation. In 2022, the City of Mound received $313K in aid. In 2023, LGA reduced to $169K and for 2024 will be reduced even further to $74,762. The City anticipates that LGA will no longer be allocated to the City by 2025. The reduction and elimination of LGA means that the City of Mound must make up for the loss of those funds elsewhere. 2870 The Capital Reserves Funds were established in 2018 with two main objectives: (1) In the short- term to assist the General Fund in funding water and storm water utility cash fund deficits as a way to moderate increases within the utility rate structure, and (2) Reduce the reliance on issuing further debt and special financing tools like special assessment to fund future street and infrastructure projects. At the September 26, 2023 City Council meeting, staff provided three budget scenarios at the request of the City Council Budget and Finance Committee. This included, as mentioned above, Scenario 1: 12% (baseline minimum increase), Scenario 2: 15% (adding an additional $200K in Capital), and Scenario 3: 18% (adding an additional $415K in Capital). The discussion surrounding these scenarios centered on balancing baseline services, planning for the future, and ensuring timely and adequate debt payments. 2024 Preliminary Levv Special Revenue Funds - HRA Levv Review The HRA levy helps to fund the municipally -owned portions of the Harbor/Transit District. The HRA budget is a Special Revenue Fund (285) that has been established for the Harbor/Transit District's routine care and long-term maintenance. These are costs that go beyond the debt service requirement for the transit center bonds. The HRA levy is statutorily limited to 1.85% of the prior year taxable market value. For 2024, the 1.85% calculation equals $411K. Even so, at the September 26, 2023 City Council meeting, staff did not recommending the allowable levy and instead recommended a flat $250K, the same as 2023. Of the 250K, about 70% pays for the debt service on the parking deck and the other 30% is credited to the Harbor/Transit District for maintenance and upkeep. 2024 Final Levv - General Fund At the September 26, 2023 City Council meeting, the City Council approved a preliminary levy at 15%. It is between this date and the final City Council meeting in December, December 12, 2023, that the City Council's intent was to continue to review the budget and have discussions on whether the approved preliminary levy could be further reduced. It is important to note that the approved final levy cannot be higher than the preliminary levy. The County Assessor mailed estimated property tax statements in November to all properties within the City of Mound (and County) based on approved preliminary levy and budget. Based on continued City Council discussions and approvals over the past months, the chart below shows the following budget changes since the approval of the preliminary levy. Preliminary Levy $7,966,577.00 Franchise Fee Increase - $217,500.00 Franchise Fee Increase Approved to move forward at 11-14-23 City Council Meeting. Revenue Diversification). New Plot D Cemetery Sales - $12,000.00 Approved to expand cemetery at 10-24- 23 City Council Meeting. Centennial Rent Reduction + $7,000.00 New LMHS/WHS lease approved at 10-10-23 City Council Meeting. New Levy $7,744,077.00 1 $222,500 Levy Reduction 2871 With the changes in implemented above, there would be a net levy decrease of $222,500.00 or 3.2%. As such, this allows the final proposed budget levy to be proposed at 11.66%, reduced from the preliminary levy of 14.86%. 2024 Final Levy Special Revenue Funds — HRA Levy The recommendation is to keep the final levy the same as the preliminary levy. Enterprise Finds Water rates were increased by 3% in 2023. Prior to that, water rates were frozen for five years (2018 — 2022). Sewer rates were also increased 3% in 2023. Staff is recommending a rate increase of 3% for water and sewer and 0% for storm water. The City has a Capital Improvement Plan (CIP) in place for the Enterprise Funds. The CIP is a living document that is reviewed and updated on a regular basis to ensure that the document adequately reflects identified maintenance and replacement needs, and the associated costs. In 2024, the City Council approved a utility rate study to be conducted by an outside financial advisor, Ehlers as a way to review and analyze the utility rate structure. Budget Highlights: Non -General Funds Liquor Fund The Liquor Fund budgeted transfer for street maintenance is $300,000. This is the same as 2023. This is an increased from the $175,000 that was transferred in 2020. New in 2024, there is a budgeted transfer of $60,000 to the Community Investment Reserve Fund to partially offset improvements to Surfside Park: Grading, Drainage, Stormwater & Sidewalks. Storm Fund No Changes to Rates. Staff is not recommending a rate increase and will do an internal review after the Long Term Financial Management Plan is completed by Ehlers. Recycling Fund No Changes to Rates. New contract was finalized in 2022. Sewer Fund The City has approved a rate study in 2024. Increase rates by 3% COLA Water Fund The City has approved a rate study in 2024. Increase rates by 3% COLA HRA Parking Deck bond expires in 2034. The City continues to build a reserve within the fund for large maintenance costs. Docks Rates were increased at the November 28, 2023 City Council meeting. New rates are reflected in the budget. Fire No Changes. Fire Commission reviewed budget. O 2024 Fee Schedule The fee schedule is approved by the City Council as part of the annual budget process. The fee schedule includes the recommended increases within the enterprise funds along with some other minor fee adjustments. Recommendation Staff is recommending that approval of the included two resolutions; the final budget and levy resolution and the final HRA levy resolution. Attachments 2024 Final Budget Packet. Resolution Approving the 2024 Final General Fund Budget and Approving the Final Overall Budget for 2024. Resolution Approving a Levy of $250,000 for HRA for the year 2024. 2873 CITY OF MOUND RESOLUTION NO. 23-108 RESOLUTION APPROVING THE 2024 FINAL GENERAL FUND BUDGET IN THE AMOUNT OF $7,113,579; SETTING THE FINAL LEVYAT $7,744,077; AND APPROVING THE FINAL OVERALL BUDGET FOR 2024 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the following final 2024 General Fund Budget appropriation, including capital: TOTAL GENERAL FUND 7,113,579 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby direct the County Auditor to levy the following final taxes for collection in 2024: SPECIAL LEVIES Fire Relief 86,571 G.O. Improvement 2012A 50,000 G.O. Improvement 2013A 100,000 G.O. Improvement 2014A 40,214 G.O. Improvement 2015A 70,000 G.O. Improvement 2016A 118,928 G.O. Refunding 2018A 215,600 G.O. Improvement 2020A 360,000 G.O. Improvement 2020A (Refunding Portion) 150,000 Total Special Levies 1,191,313 FINAL REVENUE LEVY 6,552,764 Final Certified Levy 7,744,077 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the final overall budget for 2024 as follows: As per above 7,113,579 Capital Replacement Reserve Funds 185,000 SPECIAL REVENUE FUNDS Area Fire Service Fund 1,606,384 Dock Fund 262,862 HRA Transit District Maintenance Fund 73,572 TOTAL SPECIAL REVENUE FUNDS 1,942,818 ENTERPRISE FUNDS Recycling Fund 251,246 Liquor Fund 728,229 Water Fund 2,059,705 Sewer Fund 2,377,326 Storm Water Utility Fund 320,115 TOTAL ENTERPRISE FUNDS 5,736,621 SUMMARY General Fund 7,113,579 Capital Projects Funds 185,000 Special Revenue Funds 1,942,818 Enterprise Funds 5,736,621 TOTAL ALL FUNDS 14,978,018 Adopted by the City Council this 12th day of December, 2023. Mayor Jason R. Holt ATTEST: Kevin Kelly, Clerk CITY OF MOUND RESOLUTION NO. 23- RESOLUTION APPROVING A LEVY OF $260,000 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION PURSUANT TO THE PROVISIONS OF MSA 469 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF, AND FOR, THE CITY OF MOUND FOR THE YEAR 2024 WHEREAS, the City Council of the City of Mound is the governing body of the City of Mound; and WHEREAS, the City Council has received a resolution from the Housing and Redevelopment Authority of, and for, the City of Mound entitled "Resolution Authorizing The Levy of a Special Benefit Levy Pursuant to Minnesota Statutes Section 469.033, Subdivision 6 and Approval of a Budget for Fiscal Year 2024"; and WHEREAS, the City Council, pursuant to the provisions of MSA 469, must by resolution consent to the proposed tax levy of the Housing and Redevelopment Authority of the City of Mound. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that a special tax be levied upon real and personal property within the City of Mound in the amount of $250,000. BE IT FURTHER RESOLVED that the said levy, of $250,000, is approved by this Council to be used for the operation of the Mound Housing and Redevelopment Authority pursuant to the provisions of MSA 469 and shall be certified as a tax levy to the County Auditor of Hennepin County on or before December 28, 2023. Adopted by the City Council this 12th day of December, 2023. Mayor Jason R. Holt Attest: Kevin Kelly, Clerk O & MENK Real People. Real Solutions. December 7, 2023 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: Engineering Report 2024 Lift Station Improvements City Project No. PW-24-03 Dear Mayor and Members of the Council: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph:[9521448-8838 Fax:[9521448-8805 Bolton-Menk.com The 2024-2033 Capital Improvement Plan (CIP) includes reconstruction of one sanitary sewer lift station and installation of a backup generator in 2024 at an estimated total project cost of $784,880. Sunset Road Lift Station A3 has been identified as the priority station for replacement. By Council Resolution adopted at the October 24, 2023 meeting to prepare a report on the estimated cost and feasibility of replacing LS A3 this report has been prepared. BACKGROUND The City of Mound's existing sanitary sewer system contains 30 lift stations of varying ages and operational capability. In addition, while significant improvements have been made to the existing sewer collection system over the past several years through the annual "cured in place pipe" (CIPP) lining projects, more needs to be done to lessen the amount of Inflow and Infiltration (I & 1) into the city's system. Many of the lift stations are experiencing various operational problems, including but not limited to: extensive maintenance, lack of pumping and storage capacity, infiltration and potential station backups during rainfall events. The proposed 2024 Lift Station Improvement Project is the eighteenth year of the lift station reconstruction program which began in 2007. A total of twenty-five lift stations will have been replaced and upgraded with the completion of the 2023 project. PROPOSED PROJECT The attached Figure No. 1 indicates the location of Lift Station A3 at 5927 Sunset Rd, the station proposed for the 2024 improvement project. H:\M0UN\0C102&20\1_Coeres\CTo Others\FeaslhllHyletlaar Reportto Couotll 24 LSdoc: Bolton & Menk is an equal Lift Station A3 The Sunset Rd lift station, LS A3, was originally constructed in the early 1960's as a pump station with wet well and the pumps were replaced in early 1990s. The current pumps in the station are old and near the end of their expected service life. The steel structure is corroded and in need of replacement. Proposed improvements of LS A3 include: construction of a new precast concrete wet well containing two submersible pumps; a separate manhole and meter for monitoring flow; a new force main; a new control panel with SCADA equipment to allow remote monitoring of the station operation; an on -site emergency backup generator and an emergency warning system consisting of an alarm and strobe light. The surface structures at the existing lift station will be removed and the underground structures will be filled and abandoned. In addition, we have budgeted some site cleanup of the City lot on the north side of the lift station to assist public works staff's ability to maintain the stormwater treatment in the area and access the lake if necessary. ESTIMATED COSTS The proposed project is feasible from a technical standpoint. In addition, the project is necessary to provide lift station service as free as possible from maintenance and back up issues, and the proposed improvements represent cost effective means for doing so. The following table summarizes the estimated project costs including equipment, which will be purchased by the City directly from the vendors. Detailed project cost tabulation is included in the Appendix. Improvement Estimated Construction Estimated Indirect Costs (25%) Estimated Toter I Estimated City_ Purchased Cost w Contingency Protect Cost Equipment Cost Sunset Rd LS A3 $505,237 $126,309 $153,334 $784,880 The allowance for indirect project costs includes, but is not limited to, engineering, surveying, geotechnical, administrative, fiscal, and legal costs. Easement acquisition costs, if required, are not included. Funding for the proposed lift station improvements and sewer reroute will be from the utility bond sale, with repayment through the Sewer Fund. If approved, the proposed project schedule is to open bids and award the project in March. Some of the city -purchased equipment require four months or more for delivery which typically commences after the project has been awarded. Construction is anticipated to commence in July with substantial completion in the fall. H:\MOUN\13[10200\1_Co \4To Others\FasslhRltyletau Reportto[ouad 24 LSdom Batton & Menk is an We request that the Council accept this Engineering Report and approve the attached Resolution authorizing the preparation of plans and specifications for the 2024 Lift Station Improvements. Sincerely, Bolton & Menk, Inc. Matthew S. Bauman, P.E. Assistant City Engineer H:\MOUN\13[1020O\1_Co \4To Others\FasslhRltyletau Reportto[ouad 24 LSdom Batton & Menk is an CITY OF MOUND LIFT STATION A3 OC 1.132620 PRELIMINARY PROJECT COST ESTIMATE December 7, 2023 ITEM NO. ITEM DESCRIPTION APPROX. QTY. UNIT UNIT PRICE AMOUNT 1 TRAFFIC CONTROL 1 LS $2,000.00 $2,000.00 2 EROSION AND SEDIMENT CONTROL 1 LS $2,000.00 $2,000.00 3 REMOVE L.S. CONTROL PANEL 1 EA $4,000.00 $4,000.00 4 REMOVE CONCRETE CURB & GUTTER 50 LF $12.00 $600.00 5 REMOVE BITUMINOUS ROAD 100 SY $12.00 $1,200.00 6 CLEAR & GRUB 1 LS $10,000.00 $10,000.00 7 REMOVE LANDSCAPING BLOCKS 40 SF $20.00 $800.00 8 SALVAGE & REINSTALL 21" RCP STORM 85 LF $100.00 $8,500.00 9 ABANDON LIFT STATION 1 LS $10,000.00 $10,000.00 10 ABANDON SANITARY SEWER & FORCEMAIN PIPE 450 LF $5.00 $2,250.00 11 8" PVC SEWER, SDR 26 50 LF $160.00 $8,000.00 12 4" DIP FORCEMAIN 30 LF $150.00 $4,500.00 13 4" HDPE/PVC FORCEMAIN (DRILLED) 475 LF $70.00 $33,250.00 14 DUCTILE IRON FITTINGS 100 LB $20.00 $2,000.00 15 CONNECT TO EXISTING MANHOLE 1 EA $3,400.00 $3,400.00 16 AGGREGATE BEDDING 25 TON $40.00 $1,000.00 17 BYPASS PUMPING 1 LS $5,000.00 $5,000.00 72" PRE -CAST CONCRETE WET WELL AND 1 O'X6' VALVE VAULT WITH 18 PIPING AND VALVING 1 LS $275,000.00 $275,000.00 19 ELECTRICAL CONSTRUCTION 1 LS $24,000.00 $24,000.00 20 SITE GRADING 1 LS $5,000.00 $5,000.00 21 8" CONCRETE GENERATOR PAD 200 SF $30.00 $6,000.00 22 FURNISH AND PLACE AGGREGATE BASE, CL.5 140 TON $45.00 $6,300.00 23 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIX (2,B) 30 TON $195.00 $5,850.00 24 TYPE SP 12.5 BITUMINOUS NON -WEAR COURSE MIX (2,B) 30 TON $175.00 $5,250.00 25 CONCRETE CURB AND GUTTER 50 LF $55.00 $2,750.00 26 6" CONCRETE DRIVEWAY (W/6" CL. 5 AGG BASE) 75 SF $26.00 $1,950.00 27 BOLLARD GUARD POST 5 EA $1,200.00 $6,000.00 28 HYDRO MULCH AND SEEDING 1700 SY $4.50 $7,650.00 29 TOPSOIL BORROW (LV) 110 CY $45.00 $4,950.00 30 RANDOM RIP RAP CL III 7.1 CY $150.00 $1,065.00 31 STORMWATER TREATMENT 1 LS $5,000.00 $5,000.00 32 LANDSCAPE 1 ALLOWANCE $3,000.00 $3,000.00 SUBTOTAL $458,265.00 MOBILIZATION - 5% $22,913.25 TOTAL ESTIMATED CONSTRUCTION COST $481,178.25 CONTINGENCY - 5 % $24,058.91 CONSTRUCTION COST PLUS CONTINGENCY $505,237.16 ENGINEERING, ADMINISTRATIVE, FISCAL, LEGAL & MISC. FEES - 25% $126,309.29 TOTAL ESTIMATED PROJECT COST $631,546.45 PUMPING EQUIPMENT PACKAGE (4HP PUMPS & 4" METER) $45,380.00 CONTROL PANEL $82,954.00 GENERATOR $25,000.00 TOTAL EQUIPMENT COST $153,334.00 TOTAL ESTIMATED PROJECT COST WITH EQUIPMENT $784,880.45 H:\MOUN\OC1132620\2_PreliminaryW_Calculations\2024 PRELIMINARY LIFT STATION COST ESTIMATE.xlsx CITY OF MOUND RESOLUTION NO. 23- RESOLUTION RECEIVING REPORT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2024 LIFT STATION IMPROVEMENTS PROJECT WHEREAS, the City Council, on October 24, 2023, referred the 2024 Lift Station Improvements to Bolton & Menk for study of Lift Station A-3, located at 5972 Sunset Rd; and WHEREAS, Lift Station A-3 is currently shown as a lift station replacement project in the City's Capital Improvement Program (CIP) in year 2024; and WHEREAS, the Council received and reviewed this report on December 12, 2023; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to receive this engineering report, to order preparation of plans and specifications, and to order advertisement for bids for the 2024 Lift Station Improvements for Lift Station A-3. Adopted by the City Council this 12th day of December 2023 ATTEST: Kevin Kelly, City Clerk Jason R. Holt, Mayor r::. QBOLTON & MENK Real People. Real Solutions. Capitol Improvement Plan Projects Sunset Rd Lift Station A-3 December 12, 2023 Background —Lift Stations &The CIP • Mound owns and operates 30 Sanitary Sewer Lift Stations • Lift Stations are an integral part of the sanitary sewer system • 25* have been reconstructed to date • Capital Improvement Projects plan includes one (1) per year for the next 5 years • Because the CIP is a living and iterative document, we can choose to shift our efforts each year to the worst conditions at the time • We did this in 2019 by opting to reconstruct Fernside Forcemain in favor of reconstructing J-1 A-3 (DI Proposed Costs • The proposed reconstruction includes replacement of: • The underground structure • The forcemain • New pumps (city procured) • New control panel, SCADA, and natural gas backup generator • Site cleanup Improvement Estimated Construction Estimated Estimated Total Estimated Cif Purchased Indirect Costs 25% Cost w Contingency Project Cast E uq ipment Cost Sunset Rd IS A3 $5051237 $1261309 $1531334 $7841880 D I A-3 Apw IfIWA xi u, 'll'aw 1. D I Next Steps Requested Council Action, for Consideration: Resolution Accepting the Study and Ordering preparation of Plans & Specs, and Authorizing advertisement for bids Proposed Project Schedule — A-3 December 12, 2023 Council receives Engineering Study and orders Project Plans and Specifications March 2024 Bids are opened April 2024 City Council Awards Contract Summer 2024 Construction Begins Fall 2024 Substantial Completion of Project QBOLTON & MENK Real People. Real Solutions. Capitol Improvement Plan Projects Sunset Rd Lift Station A-3 December 12, 2023 O & MENK Real People. Real Solutions. December 5, 2023 Mr. Jason Holt, Mayor City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: Interim Public Works Director Proposal Dear Mr. Holt: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph:[9521448-8838 Fax:[9521448-8805 Bolton-Menk.com Given our history of providing consulting engineering services to the City of Mound, and the Public Works Director vacancy, we are pleased to present our proposal for Interim Public Works Director coverage. We trust you'll find our familiarity with the City, City Staff, and the workings of Mound will provide seamless and uninterrupted coverage for the citizens and leadership of the City. We propose a flexible, on demand arrangement, with monthly, not to exceed hours, except at the direction of the Council or the Deputy City Manager. We anticipate this to include, but not be limited to: • Attendance at meetings with city staff, elected officials, developers and potential city partners • Calls, emails, meetings, and correspondence with Council Members on Public Works matters • Office hours for staff, front desk, and/or resident coverage • Attendance at Planning Commission, Parks, or other public meetings, when required • Direct assistance and collaboration with Public Works Supervisor, Ryan Pritch in planning and executing public works operations and infrastructure maintenance • On Call services as a backup to the Public Works Supervisor • Delivery of projects in the city's council approved Capital Improvement Plan • In general — we will continue to track time related to Capital Improvement Projects and Developments within the city to project numbers created to track accounting of those items To ensure continued and experienced public works coverage for the city, we propose the following individuals from Bolton & Menk to serve this need: • Matt Bauman, P.E. up to 16 hours a week • Brian D. Simmons, P.E. up to 4 hours a week • Nate Stanley, P.E. up to 8 hours a week • Zac Reiner, up to 8 hours a week Matt and Brian are already familiar faces in the Council Chambers and City Hall. In addition, we propose Mr. Stanley to add capacity for Public Works Director tasks, and to share workload, should the need arise. Nate joined Bolton & Menk in 2022 after 8 years as City Engineer and Public Works Director at the City of Hopkins, MN. We offer his experience to broaden our offering, and to offer the best coverage for Mound. Zac has been a trusted project representative on Mound project for Bolton & Menk in the past, and we offer his time in this proposal to address any in -field, project or construction related items that may occur independent of a project or development. Htgis://bDltomeok-my.sharepomtcam/pmonal/kd�immons_bolton-mink-mm/Oacum /Mund/2023-11-13lntr PobUaWmlu Director Revised/2023-12-053n4 Pabllc Worla: Dknckrr Proposak.doIX Bolton & Menk is an equal 0000rW mN emolover. Name: City of Mound Date: Sept 28, 2023 Page: 2 In addition to the coverage for Interim Public Works director tasks, we also recognize the need for weekend and holiday on call support for the Public Works department and the potential need to respond to emergencies. The need for public works support in emergencies was never clearer than in 2014, and Bolton & Menk was instrumental in helping to write the emergency response plan that was developed following those events. To address on -call weekend or holiday coverage we offer the following • Staff that are available to respond with assistance to emergencies, within 4 hours, at regular billable rates. • Staff that are available to respond in -person, and are en -route to the site within 30 minutes of notification, on an identified, on call basis, requested by the public works supervisor, and approved by the City Manager per holiday or weekend a. Staff members will be assigned for each weekend or holiday, and will be on call via an emergency phone or forwarded phone to a cell phone b. On Call staff will bill 4 hours per day of on call availability, at their regular billable rate c. Activated On Call staff will bill for the actual time, at their regular billable rate, should the response exceed 4 hours, with event response pre -authorized up to 24 hours of time. d. On call staff will be responsible for trouble shooting, emergency response planning, city operations assistance, communications, and interfacing with the City Manager during an emergency. We offer these services on an hourly basis, and hourly billing rates for these staff are below. Matthew Bauman, P.E. $178 / hour Brian D. Simmons, P.E. $198 / hour Nate Stanley, P.E. $198 / hour Zac Remer $134 / hour Excluded from this proposal, specifically due to the potential for claims on the City, or conflicts of interest, as a consultant, are any Public Works Director tasks involving management of personnel, union negotiations, and non -infrastructure, internal management tasks. We appreciate the opportunity for continued service to the City of Mound. I'm available to answer any questions, make adjustments, or to present this proposal as necessary, at your disposal. Sincerely, Bolton & Menk, Inc. Brian D Simmons, P.E. Principal Engineer Htgis://bDltomeok-my.sharepomtcam/pmonal/b ian simmons_bolmn-mink -mm/Oacu /M und/2023-11-13lntr Poblic Wmlu Director Revised/2023-12-053n4 Pobllc Worim Dkeckm Proposak.doIX Bolton &Menk is an eoual 0000rW mN emolove r. f Wine & Splrlfs Tuesday Wednesday Thursday Friday Saturday Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sunday Monday Tuesday Wednesday Thursday DATE '23 '22 1 1 2 2 3 3 4 4 5 5 6 6 7 7 S S 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 '23 7,265 5,759 16,766 12,721 6,607 5,265 6,951 5,659 5,051 16,214 13,212 7,739 6,645 7,061 7,924 5,150 16,537 14,889 9,522 5,045 12,997 32,255 NOVEMBER 2023 VS 2022 SALES CUSTOMERS AVERAGE TICKET GROSS PROFIT % '22 +/- '23 '22 +/- '23 '22 +/- '23 '22 6,147 247 25 31% 6,423 13% 269 259 4% 27 25 9% 31% 32% 5,420 4% 330 319 3% 27 26 1% 30% 30% 14,889 13% 480 463 4% 35 32 9% 29% 29% 11,760 8% 394 378 4% 32 31 4% 31% 30% 7,257 -9% 259 263 -2% 26 28 -8% 30% 30% 6,265 -16% 238 257 -7% 22 24 -9% 31% 30% 5,465 -18% 272 305 -11% 26 28 -8% 31% 30% 7,041 23% 291 277 5% 30 25 17% 30% 31% 5,653 -7% 304 300 1% 26 29 -8% 30% 31% 15,415 5% 466 490 -5% 35 31 11% 29% 28% 11,917 11% 398 380 5% 33 31 6% 30% 30% 7,267 6% 282 275 3% 27 26 4% 31% 31% 5,808 14% 255 236 8% 26 25 6% 31% 29% 5,214 -14% 285 287 -1% 25 29 -13% 31% 30% 6,423 23% 279 246 13% 28 31 -8% 31% 31% 10,030 -19% 304 336 -10% 27 30 -10% 31% 31% 15,502 5% 490 471 4% 34 34 1% 29% 28% 15,235 -2% 446 410 9% 33 37 -10% 30% 31% 8,686 13% 311 291 7% 32 30 6% 31% 30% 9,046 -11% 276 282 -2% 29 32 -9% 30% 31% 15,152 -14% 350 357 -2% 37 42 -13% 31% 30% 32,955 -2% 739 734 1% 44 45 -3% 31% 31% 16,364 16,394 0% 418 442 -5% 39 37 -100% 28% 29% 11,364 9,535 16% 361 344 5% 31 29 -100% 30% 30% 5,525 6,135 -5% 223 239 -7% 26 26 -100% 31% 32% 5,507 6,357 -13% 235 244 -4% 23 26 -100% 31% 30% 6,455 5,475 18% 238 226 5% 27 24 -100% 31% 30% 5,223 7,702 7% 278 277 0% 30 28 -100% 29% 31% 7,594 278 27 30% TOTAL - November 303,905 299,207 2% 9,749 9,635 1% 31 31 0% f Win• & Spirits Sales 2023 2022 2023 VS 2022 Customer Avg Ticket 2023 2022 2023 2022 -3% 0% 0% 3% 0% 3% 3% -3% -3% 4% 0% 0% 7% 3% 0% 0% 4% -3% 3% -3% 3% 0% -3% 0% -3% 3% 3% -6% FIRSTQTR/YTD 762,579 760,983 0% 25,657 26,457 -3% 30 29 3% SECOND QTR 998,442 960,426 4% 32,128 32,057 0% 31 30 4% THIRDQTR 1,133,766 1,101,657 3% 35,086 35,241 0% 32 31 3% October 310,997 319,106 -3% 10,610 10,713 -1% 29 30 -2% November 303,905 299,207 2% 9,749 9,635 1% 31 31 0% FOURTH QTR 614,902 618,313 -1% 20,359 20,348 0% 30 30 -1% TOTAL-YTD 3,509,689 3,441,378 2% 113,230 114,103 -1% 31 30 3% riS MINNEHAHA CREEK WATERSHED DISTRICT QUALITY OF WATER, QUALITY OF LIFE RESOLUTION Resolution number: 23-037 Title: Recognition of MCWD's Technical Advisory Committee Members for the Land & Water Partnership Initiative WHEREAS, in early 2022, the Minnehaha Creek Watershed District (MCWD) initiated its Land & Water Partnership Initiative, which is focused on strengthening partnerships that support MCWD's work building impactful, collaborative projects that benefit the watershed and communities; WHEREAS, as part of this initiative, MCWD solicited the participation of interested technical staff from municipalities, counties, and local agencies to advise on program and policy changes designed to promote partnership and improve coordination, including: Land & Water Partnership Program: Development of a new program to provide funding and technical support for partner projects that provide significant water resource benefit Permitting Program Improvements: Streamlining the MCWD's regulatory process and rules to improve customer service, align with state requirements, and reduce duplication of efforts Coordination Improvements: Identifying and building sustainable connections for ongoing coordination; WHEREAS, in August 2022, the MCWD Board of Managers appointed its Technical Advisory Committee (TAC), including 19 staff and consultant representatives, and 13 alternates, as listed below: Organization Primary Representative Alternate City of Edina Jessica Vanderwerff Wilson Ross Bintner City of Hopkins Ryan Krzos City of Maple Plain Dylan Hoflock City of Medina Dusty Finke City of Minneapolis Elizabeth Stout Shahram Missaghi City of Minnetonka Sarah Schweiger Leslie Yetka City of Orono Melanie Curtis Laura Oakden City of Plymouth Chris La Bounty Ben Scharenbroich City of Richfield Mattias Oddsson Chad Donnelly City of St. Louis Park Erick Francis Phil Elkin; Mike Bahe City of Victoria Cara Geheren City of Wayzata Mike Kelly Emily Goellner Bolton and Menk, representing cities of Greenwood, Mound, St. Bonifacius, Shorewood, Woodland Bob Bean WSB, representing cities of Deephaven, Excelsior, Minnetrista, Tonka Bay Rebecca Haug Carver Soil and Water Conservation District Mike Wanous Hennepin County Drew McGovern Karen Galles; Kris Guentzel Metropolitan Council Jen Kostrzewski Minneapolis Park & Recreation Board Madeline Hudek Adam Arvidson Three Rivers Park District Jami Markle Kelly Grissman ;•. WHEREAS, through a series of eight meetings, surveys, and other engagement methods, the TAC provided valuable input that has helped improve MCWD programs and identify opportunities to strengthen coordination between MCWD and its public partners, including: • Vetting the new Land & Water Partnership Program and improving clarity of the program scope, eligibility, evaluation criteria, and process; • Providing recommendations to improve clarity of the MCWD's rules and streamline the regulatory process for low -risk projects; • Promoting the identification of regional water resource improvement project opportunities for integration into city land use plans; • Advising on plans to formalize regulatory partnerships to reduce redundancy and improve coordination and role clarity in the areas of permit administration and enforcement; • Identifying effective methods for ongoing coordination for regular data sharing, discussion of plans and priorities, identification of partnership opportunities, and relationship building; WHEREAS, the TAC members' participation in the initiative has helped strengthen relationships between the MCWD and its communities; and WHEREAS, the MCWD Board of Managers and staff appreciate the significant commitment of time and energy and the valuable input that each TAC member contributed to this process; NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers hereby formally acknowledges each of the members for their service on the TAC and expresses its deep gratitude for their contributions to the Land & Water Partnership Initiative. Resolution Number 23-037 was moved by Manager��'C' , seconded by ManagerMotion to adopt the resolution �, ayes, C)nays, --abstentions. Date: 7/13/2023 Secretary Date: d d `f 2895 �� i-Wg 111t 1■%F%n,04 METROPOLITAN MOSQUITO CONTROL DISTRICT Mound City Manager Eric Hoversten 5341 Maywood Road Mound, MN 55364 Dear Eric, Metro Counties Government Center 2099 University Avenue West Saint Paul, MN 55104-3431 (651) 645-9149 — www.mmcd.org November 15th, 2023 Enclosed is a summary of work completed by the Metropolitan Mosquito Control District (MMCD) in the Mound area during the 2023 mosquito control season. For the third consecutive year the Twin Cities area experienced drought conditions throughout most of the summer which contributed to lower levels of annoyance mosquitoes. Near record snowfall during the winter of 2022-23 brought standing water in the spring, which ushered in a surge of mosquitoes exceeding the 10-year average in late May and early June. Lack of rainfall in the subsequent months led to a decrease in the mosquito population and it remained low through the rest of the summer. (See back for numbers from 2023.) West Nile virus was active in the District and elsewhere in Minnesota in 2023. Testing of mosquitoes this year for WNV returned the highest rate of infection in the history of the District's WNV surveillance. One hundred twenty- nine of 818 mosquito samples tested were positive for WNV. While most human illnesses have been reported, some are still being evaluated. As of November 14, 20 WNV illnesses had been confirmed in Minnesota with nine of those cases in residents of the District (Anoka Co.1, Dakota Co.1, Hennepin Co. 5, Washington Co. 1). As of November 14, illnesses caused by two other mosquito -borne viruses had been reported in Minnesota. Two Jamestown Canyon illnesses were confirmed in residents of Anoka County and Ramsey County. One case of La Crosse encephalitis was confirmed in a resident of Scott County. For more information about vector -borne disease in 2023 look for the MMCD Technical Advisory Board report coming in the spring of 2023. MMCD employees controlled immature black flies (biting gnats) in small streams and large rivers throughout the metropolitan area. In 2023, 121 black fly larvicide treatments were made to the rivers and streams in the District. Spring flooding caused a slight delay in sampling efforts. After the extremely high-water levels in May, the continuing drought in the area caused rivers to go well below average through September resulting in few treatments after June. Adult black flies remained at tolerable levels for most of season with the number of black fly annoyance calls in 2023 (46), higher than 2022 (11) but less than 2021 (151). District staff have been present at schools and community events throughout the year to provide information on mosquito biology and habitat, disease concerns, and preventative measures. If you would like MMCD to speak to your group or attend an event, please let us know! If you have any questions or would like to meet to discuss our agency's activities, please contact me. Sincerely, ajz�e, 6AL__ Alex Carlson, Public Affairs Manager Phone: (651) 643-8342 // Email: acarlson 0ammcd.org :•. Weekly Averages of Human -biting Mosquitoes in CO2 Traps, 2023 low 900 ago 700 50o 40€3 3000 200 N 5115 . - 6;5 6f12 W19 _ . -- _ _: 71i17 7i24 _ : 8,14 8!21 8/23 9j4 9,11 Graph created by Dr. Scott Larson, MMCD Assistant Entomologist District -Wide Numbers from 2023: 57,526 171,894.75 10,921 Larval mosquito inspections Acres of larval mosq uito treatments Tires recycled 316,899 1,959.02 3,098 Catch basin treatments Acres of adult mosquito treatments Customer calls City and Community Presentations Available MMCD staff are available to provide an update on mosquito activity, give city specific information, or share resources about mosquito, tick, and black fly reduction measures to cities. Presentations or live questions and answers are great for City Council Meetings, Township Board Meetings, Sustainability Commissions, or events for residents. If you would like to schedule a presentation, please contact Alex Carlson: Alex Carlson, Public Affairs Manager acarlsoni`a7mmcd.org Direct: (651) 643-8342 2897 LARVAL CONTROL Most of the control done by MMCD targets mosquitoes during their Larval stage. Mosquito larvae usually develop in standing water and are most common after a rainfall. Larval control materials are applied via helicopter, backpack, drone, or by hand. Larval Control in Mound in 2023: Sites Inspected: 130 1 Acres Treated: 323.24 t- ADULT CONTROL MMCD supplements our larval control program with limited adult mosquito control. Adult control materials are applied via backpack during the day or truck -mounted cold logger in the evening. Adult Mosquito Control in Mound in 2023: Sites Inspected: 14 1 Acres Treated: 0.00 DISEASE PREVENTION Controlling the mosquito species that are most likely to spread disease is a top priority for MMCD. Removing containers that could hold stagnant water is critical to reducing the spread. Disease Prevention Activity in Mound: Tires Removed: 0 1 Catch Basins Treated: 354 Disease Prevention Property Inspections: 0 CUSTOMER CALLS We encourage residents of the district to call MMCD to report mosquito annoyance, employee or helicopter concerns, request waste tire removal, or for anything else. Customer Calls from Mound in 2023: 9