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2003-11-10BPLF. ASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. CITY OF MOUND CO CIL MEETING MONDAY MOUND CITY HALL NOVEMBER 10_~2003 COUNCIL CHAMBERS 7:30 P.M., % 5341 MAYWOOD ROAD *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. PAGE 1. OPEN MEETING 2, PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA, WITH ANY AMENDMENTS *CONSENT AGENDA *A. APPROVE MINUTES: OCT 28, 2003 REGULAR MEETING NOV 6, 2003 SPECIAL MEETING 4097-4101 4102 *B. APPROVE PAYMENT OF CLAIMS 4103-4126 *C. OPERATIONS PERMIT: BALBOA BUSINESS CTR CHOICE PLASTICS, INC 5300 SHORELINE DRIVE 4127-4147 *D APPROVE PLANNING COMMISSION RECOMMENDATION 1. CASE #03-43: VARIANCE (FRONT SETBACK) MARILYN STILLINGS 2050 HARRISON LANE APPROVED 4/3, SUBJ TO COND 4148-4158 *E. APPROVE PAYMENT REQUESTS 1. FINAL PAYMENT REQUEST BY DAVE PERKINS 4159-4163 CONTRACTING FOR 2002 STORM SEWER IMPROVEMENT PROJECT 2. PAYMENT REQUEST NO. 2 BY ENVIRONMENTAL 4164-4179 ASSOCIATES FOR LOST LAKE GREENWAY PROJECT 3. PAYMENT REQUEST NO. 2 TO TRAUT WELL FOR 4180-4184 WELL PROJECT 4. p AyMENT KEQLiEST IqO. 4 By ¥ ALLEY ? AyEqG IiqC FOR g003 41%5-41S8 STREET iMPRovEMENT pROIECT 4189-4190 5. pAYMENT REQUEST BY MiNNETONKA poRTABLE DREDGiNG CO. FOR LoST LAKE GREENWAY pRoJECT 6. pAYMENT REQUEST BY ENviRoNMENTAL AssOCIATES FOR 4191 LoST LAKE GKEE'Nv/qA¥ pRoIECT suGGESTIONS FROM CITIZENS pREsENT ON ANY ITEM NOT coMMENTS & MiNUTES pER spEP~KER) ON THE AGENDA (LIMIT TO 3 FROM HENNEPiN CouNTY coMMISSIoNER THE WESTLAKE REGION THE CITY CouNCIL UPDATE ON QuEsTIONS AND coMMENTS FROM pENNY STEELE, wITH 4192-42 ~u'qD Tile pUBLIC EXECUTION OF CONSTRUCTION ACTION ON RESOLUTION AuTHoRIZiNG coOPENKTIYE AGREEMENT wITH HENNEPIN COuNTY FOR THE NEW ALIGNMENT OF csAH 15/110, suBJECT TO REVIEW AND APPROVAL OF THE CITY ENGiNEER AND CITY ATTORNEY. OF REPORT ON 2004 4218 ACTION ON RESOLUTION oRDERING pREpARATION STREET RECONSTRUCTION pROJECT 4219-423'7 cOMMuNiTY DEVELOPMENT DIRECTOR'S REPORT: ADULT oRDiNANCE AMENDMENT(S) - SCHEDULE pc/CC RE¥IEW 4238-424l ESTABLISHMENT ACTION ON REsoLUTION AMENDING FEE SCHEDULE sETTING 4242-4266 lO. ANIMAL BOARDING FEES 11. ACTION ON pRoPOSED AMENDMENTS TO THE cITY OF MOUND ADMINisTRATiVE CODE 4267.4268  4269-42'72 realignment 12. A. Letter: Grant notice for County 15 42'73 Newsletter: Metropolitan Council 4274 B. Newsletter: Oillespie Center 42'75-42'76 C. Report: Harbor Wine and Spirits 42?7-4278 D. response on fees 4279-4280 Customer 4281-4283 E. Press release on Medica rebate Brimeyer Group 4284 F. the by G. Newsletter: 4285 -4286 Update: Outlot Turnover - Village the Bay H. Report' Expense report Longpre building · Georgie Engst d 4287 I. Weber on Winter I-lazard Awareness Week 4288-4292 I. Letter: Cludss¥ 4293-4296 County notice K. Plennepm Safety facility Update: public L. Correspondence: LMCD M. at the meeting. More 13. ADJOUKN The Council will set aflhal agenda This is a preliminary agenda and subject to change. City of Mound web site. meeting agendas may be viewed at City Hall or at the COUNCIL BRIEFING November 10, 2003 Events Schedule: Don't For~ Nov 10 - 7:30 - Rescheduled CC regular meeting Nov 17 - 6:30 - Tree lighting ceremony - Bethel United Methodist Church greenspace Nov 17 - 8:00 - Candidate interviews with Planning Commission Nov 20 - 8-8:00 - Beaujolais Nouveau Day! Nov 20 - 6:30 - Budget workshop Nov 20 - 7:30 - Candidate interviews with Docks Commission Nov 25 - 6:30 - HRA regular meeting Nov 25 - 7:30 - CC regular meeting Nov 26 - 11-1:30 - Fire Commission (Mayor only) Dec 1 - 7:00 - Truth in Taxation Hearing Dec 8 - 7:00 - Truth in Taxation Hearing continuation, if needed Dec 9 - 6:30 - HRA regular meeting Dec 9 - 7:30 - CC regular meeting Dec 11 - Wine Tasting benefit for Mound Fire Department at Minnetonka Mist Dec 12 - 6:30 - City Manager's House Warming and Landmark Birthday Party Jan 13 - 6:30 - HRA regular meeting Jan 13 - 7:30 - CC Annual Meeting Jan 17 - 10:00 - Open House and Dedication of the Public Safety Facility Upcoming Absences Nov 14 Kandis Hanson Vacation 29- David Osmek Personal time Dec 18-19 Kandis Hanson Vacation Ci,ty Hall Closed Nov 11 Veteran's Day Nov 27-28 Thanksgiving Dec 25-26 Christmas POSAC No applications were received for the Parks Commission. We have cancelled the interview date and will re- advertise after the first of the year. Docks Meeting Jim Fackler will talk with the Chair of the Docks Commission to set another meeting night. We inadvertently double booked with the Commission meeting, whiCh is also the night to interview the candidate for commissioner. The Budget must take precedence. Members will be notified of the new date. MOUND CITY COUNCIL 'Mi'N~"~S' OCTOBER 2'8, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 28, 2003, at 7:30 p.m. in the council chambers of City hall. Members Present: Acting Mayor Mark Hanus; Councilmembers Bob Brown, David Osmek and Peter Meyer. ........................... MeTrfbers.Absent::...~Mayor~Pat~.Meisel ............................................................................................. ~.. Bonnie Ritter, Community irector Sarah Cameron, City Planner Bruce Chamberlain, Chuck Alcon Bloomquist, Jim Daiiey, Robin Caufman, Mary Hill Adam Gordon, John Seibert, Chris Anderson, Amy Karla Humbert, John Knorr, Susie Retterath. Engineer John Stokes, Rick ~oeller, Scott Dentz, ~, Roger Whaley, Consent Agenda: All items listed under the routine in nature by the Council and will be separate discussion on these items a which event the item will be removed normal sequence. are considered to be roil carl vote, There will be no ember or citizen so requests, in and considered in 1. OPEN MEETING Acting Mayor Hanus 2. PLEDGE OF ALLEGIAN at 7:30 p.m. ~.. 3. DA Hanson remo~ Code. This will a MOTION by Osmek, in favor. Motion. carried. : Item 13,. Prop°sed Amendments to the Administrative agenda. d by Brown to approve the agenda as amended. All voted 4. CONSENT AGENDA Meyer requeste8 the remc~val if item 4C. ~OTION bY' BrOWn, seconded by Osmek to approve the consent agenda as amend'eS. :i~lSon r011 call Vote, all voted in favor. Motion carried. A. Approve minutes from September 23,'2003 special meeting and October 14:, 2003 regular meeting. B. Approve payment of claims in the amount of $1,045,667.96. C. (removed) 1 -4097- Mound CoUncil MinL~teS - OCtober 28, 2003 D~ Approve on,sale intoxicating liquor license for JDP~ Inc., D.B.A. Dailey's Pub, contingent upon receipt of all fees, applicable forms, and certificates of insurance. E. RESOLUTION NO. 03-94: A RESOLUTION R~LATING TO THE ASSESSMENT ROLL FOR IMPROVEMENT PROJECT (MOUND VISIONS'2ND ADDITIO~ 2002 - LEVY #15605 HENN CO. PROJECT#22_9_~) 4C. Ap~PROVE PURCHASE RECOMMENDED BY POSAC is his feeling that"money should' not Come'from: PS fountain at Weiland Park. He disapproves of use of amenities a~nd interprets the state statute that Park for land acquisition, trail development, and mOre lot to inStall a water :ation fees for park ~es should be only uSed Osmek stated that the Parks and Open purchase and feels'the park dedication funds staff and the city attorney. sly approved this for this use, as does city MOTION bY Osmeki' secorided bY Weiland Park out of the park dedication Hanus, and Osmek. The Meyer. for the' water fountain at voted in favor: Brown, Motion carried. 5. COMMENTS AND NOT ON THE AGENDA None were offered. PRESENT oN ANY ITEM 6. ACT MOTIOI~ safety building in th Motion carried. F! NTRACT FOR PUBLIC SAFE~ FAcIEITY to award th~ fencing'c0ntraCtlfOr the ~'ublic $37,900, as recommended' bY AmCon. All voted in favOr. It was noted that the budget contained $60,000 for this item, but negotiations were made to get the necessary service for $37,900. The Council expressed gratitude to the persons involved for cutting costs wherever possible, _to stay within bUdget. 7. MCES PUMPING STATION~ BELMONT LANEICSAH 157 REPORT BY MCES STAFF Adam Gordon of MCES gave a presentatiOn to the couhcil on the MbUnd InterCeptor Improvement Project. The MCES is currently preparing a facility plan for improvements to the Mound interCeptor syStem, inVo'Jvin'g 't~o lift stati~h~. One is located in doWntown Mound at the intersection of Belmont Lane and Shoreline Drive (L25) and the other is at the old treatment works at the west end of Langdon Lake (L38). DiSCUssior fo[lOWed regarding the options of the MCES project. The City will facilitate future meetings with 2 -4098- Mound Council Minutes - October 28, 2003 the MCES and Mound Harbor Renaissance DeveloPment to attempt to coordir~ate the project with the downtown redevelopment. -.. 8. MOUND HARBOR RENAISSANCE DEVELOPMENT A. Project Update Tom Stokes of Mound Harbor Renaissance Development, LLC, updated the Council on the proposed downtown redevelopment B. Request for F_.x~ei~sloi~ of Pretiminary-Devetopme~gree~t Earlier at the HRA meetinq, Tom Stokes and David Newman requested an extension to the preliminary development agreement, on behalf of iviOund Harbor Renaissance Development, LLC. They are requesting a 120 day extensi purpose of negotiating a term sheet and preliminary developer's ag .The HRA granted this extension. MOTION by Osmek, seconded by Brown to exte agreement with Mound Harbor Renaissance following benchmarks: Within 60 days the fina: resolution must be completed; within 90 days the completed; and within 120 days the available. The Acting Mayor and City M amendment to the preliminary develo carried. · e prelimin~ LLC, fc 20 days with the outline and funding gap term sheet will be lopers agreement will be to execute the third All voted in favor. Motion 9. ACTION ON DEVEL( DEVELOPMENT Sarah Smith ' requested the re agrees with thi., is~on. LANGDON TRAI'LS - LMB lent agreementi.-stating that the developer has efend and" under 17B and the city attorney MOTION by Osmek Langdon Trails, With carried. to enter into the Development Agreement for )ment, LLC, as amended. All voted in favor. Motion 10. UPDATE ON OTORIZED SCOOTER USE Lieutenant McKinley informed the Council that motorized scooters are, by state statute, considered motodze~i Vehicles and are thus prohibited on any public streets, sidewalks, and parks. They can' only be operated on the private property. No action taken on this item. 3 -4099- Mound Council Minutes - October 28, 2003 11. ENGINEER'S REPORT A. Lost Lake Greenway Project John Cameron presented two quotes for dredging and disposal to remove add itional material from the existing channel on the north end. This area of the turnaround has either silted in or not enough material was moved duringthe original project in 1998. M6R:[6~-by-BrowrrFseconded-by-esmek-tcrappro'~itional-dfedging,-c~:~t~.not to exceed. $1.1.,.000, All voted i.n. favor., Motion carried,. B. WELL AND WELL HOUSE PROJECT Cameron reported that the new well appears to be a big go out for bids this winter, with it being in full service I: change order for $5.00 which is the net deduct for lieu of a 12" diameter screen and gravel pack. MOTION by Brown~ seconded by Osmek to a Wells, for $5.00. Ali voted in favor. Motion ucer,. The well house will liner. He presented a Y' diameter screen in nge Order No. 2, with Traut Gm Residents of Grove. Lane originall'. 2003, asking for help on presented a report of his fin( action he,taken at thiis well on EVergreen ~oad wh installation, water to previous tests better quality, suggel goes on line. If acti solutions would be water are expected be on the agenda. GROVE. LANE: WATER QUALITY appe~ Council on September 23, their water quality. John Cameron solutions. He recommended that no wilt.be sewed primarily be thenew-: next summer. As a pa.~ or,he well and these tests results can be compared City. If the new water source appears to be of to see if there is still a problem after the new well is still required, then cost estimates for the suggested presented to the Council:... The test results of the' The residents will be: informed .when this, topicwill 12. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT ~ Sarah smith: reported on three items, documentation'Of WhiCh are on file at City Hall, These items were: (A) 2003 final housing score from Met Council; (B) 2002-2003 ALOHA/Expenditure from Met Council; and (C) Twin Cities demographic data from Met Council. 13. (REMOVED) 4 -4100- Mound Council Minutes - October 28, 2003 14. INFORMATION/MISCELLANEOUS A. Letters: Homecoming parade B. Report: Harbor Wine and Spirits C. Newsletter: Lake Minnetonka Association D. Report: Finance Department E. Correspondence: LMCC F. Calendar: LMCC .... G7 ..... d~ette:r:~ ra nt~awardto-PD ......................... ~.~ ...................................... R.--'--M em--~6FS. AC cl~arges !_ Newsletter' M~.di~cnm K. L. M. Newsletter: Office of Secretary of State Correspondence: Westonka Healthy Commu Minutes: POSAC - Oct 9 Newsletter: Westonka Public Schools 25. ADJOURN MOTION by Osmek, seconded by Brown to Motion carried. p.m. All voted in favor. Attest: Bonnie Ritter Acting Mayor Mark Hanus 5 -4101 - MOUND CiTY COUNCIL MINUTES NOVEMBER 6, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in special workshop session on Thursday, November 6, 2003, at 6:30 p.m. in the council chambers of City Hall. Members Present: Mayor Pat Meisell Councilmembers Mark Hanus, David Osmek, Bob Brown and Peter Meyer. Others Present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Parks Superintendent Jim Fackler, Public Works Superintendent Greg Skinner, Public Works Director Carlton lore, Police Chief Jim Kurtz, Fire Chief Greg Pederson, Finance Director Gino Liquor Store Manager John Colotti, 1. OPEN MEETING Mayor Meisel called the meeting to order at 6:30 2. 2004 BUDGET DISCUSSION The Council discussed possible ways to than the presently projected amount. et the Fund balance to a level greater The MaYor called for a recess at 9:00 exception of Businaro were all Department Heads with the The meeting reconvened cut 2004 expenditures. discussion on possible ways to 5. ADJOURN MOTION by second~ Motion carried. to adjourn at 10:05 p.m. All voted in favor. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -4102- NOVEMBER 10, 2003 CITY COUNCIL MEETING 102903SU E$1,839.88 OCT 103003SUE $8,269.82 OCT 111103SUE $424,139.38OCT TOTAL $434,249.08 -4103- CITY OF MOUND City of Mound 10/28/03 1:08 PM Page 1 Payments Batch Name 102903SUE Payments Current Period: October 2003 User Dollar Amt $1,839.88 Computer Dollar Amt $1,839.88 $0.00 In Balance Refer 102903 CHIEFS POLICE ASSOC MINNESO Cash Payment E 101-42110-434 Conference & Training 10-03 COMMAND ACADEMY $325.00 Invoice 1508-B Transaction Date 10/28/2003 Wells Fargo 10100 Total $325.00 Refer 102903 MOUND POST OFFICE Cash Payment invoice 102803 Cash Payment Invoice 102803 Transaction Date E 601-49400-322 Postage E 602-49450-322 Postage 10/28/2003 Rear 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment invoice 102903 Cash Payment Invoice 102903 FRANCHISE FEE INSERTS $327.11 FRANCHISE FEE INSERTS $327,10 Wells Fargo 10100 Total $654.21 NEXTEL COMMUNICATIONS (P/W) E 601-49400-321 Telephone & Cells 07-19-03 THRU 08-18-03 #23 KESTNER, AL $34.45 E 101-43100-321 Telephone & Cells 07-19-03 THRU 08-18-03 #22 HETIZ, DON $34.45 E 101-45200-321 Telephone & Cells 07-19-03 THRU 08-18-03 612-221-6740 BERENT, BRIAN $17.27 E 101-45200-321 Telephone & Cells 07-19-03 THRU 08-18-03 612-221-6974 TAFFE, JOHN $16.79 E 101-45200-321 Telephone & Cells 07-19-03 THRU 08-18-03 612-221-6812 FACKLER, JIM $87.72 E 281-45210-321 Telephone & Cells 07-19-03 THRU 08-18-03 612-221-6813 HOFF, KATIE $40.34 E 101-45200-321 Telephone & Cells 07-19-03 THRU 08-18-03 612-221-8385 SWARTZER, BRIAN $34,43 E 101-42400-321 Telephone & Cells 07-19-03 THRU 08-18-03 612-282-5889 SIMONEAU, MATT $71.55 E 101-42400-321 Telephone & Cells 07-19-03 THRU 08-18-03 612-363-5883 NORLANDER, JILL $29.58 E 281-45210-321 Telephone & Cells 07-19-03 THRU 08-18-03 952-292-1375 WIDMER, DENICE $6.89 E 601-49400-321 Telephone & Cells 07-19-03 THRU 08-18-03 952-292-1375 WIDMER, DENICE $13.77 E 602-49450-321 Telephone & Cells 07-19-03 THRU 08-18-03 952-292-1375 WIDMER, DENICE $13.77 E 601-49400-321 Telephone & Cells 08-19-03 THRU 09-18-03 #23 KESTNER, AL $34.45 -4104- CITY OF MOUND Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment Invoice 102903 Cash Payment nvoice 102903 ;ash Payment Invoice 102903 E 101-43100-321 Telephone & Cells E 101-45200-321 Telephone & Cells E 101-45200-321 Telephone & Cells E 101-45200-321 Telephone & Cells E 281-45210-321 Telephone & Cells E 101-45200-321 Telephone & Cells E 101-42400-321 Telephone & Cells E 101-42400-321 Telephone & Cells E 281-45210-321 Telephone & Cells E 601-49400-321 Telephone & Cells E 602-49450-321 Telephone & Cells E 601-49400-321 Telephone & Cells E 101-43100-321 Telephone & Cells E 101-45200-321 Telephone & Cells E 101-45200-321 Telephone & Cells E 101-45200-321 Telephone & Cells E 281-45210-321 Telephone & Cells E 101-41310-321 Telephone & Cells E 101-45200-321 Telephone & Cells E 101-45200-321 Telephone & Cells City of Mound 0/28/03 :0s PM Page 2 Payments Current Period: October 2003 08-19-03 THRU 09-18-03 #22 HEITZ, DON $34.45 08-19-03 THRU 09-19-03 BERENT, BRIAN $15.07 08-19-03 THRU 09-19-03 TAFFE, JOHN $t5.07 08-19-03 THRU 09-19-03 #15 FACKLER, JIM $89.11 08-19-03 THRU 09-19-03 HOFF, KATIE $40.34 08-19-03 THRU 09-19-03 612-221-8385 $34.43 SWARTZER, BRIAN 08-19-03 THRU 09-19-03 612-282-5889 $71.55 SIMONEAU, MATT 08-19-03 THRU 09-19-03 612-363-5883 $29.58 NORLANDER, JILL 08-19-03 THRU 09-19-03 952-292-1375 $6.89 WIDMER, DENICE 08-19-03 THRU 09-19-03 952-292-1375 $13.77 WIDMER, DENICE 08-19-03 THRU 09-19-03 952-292-1375 $13.77 WIDMER, DENICE 09-19-03 THRU 10-18-03 #23 KESTNER, AL -$173.95 09-19-03 THRU 10-18-03 #22 HEITZ, DON -$t73.95 09-19-03 THRU 10-18-03 612-221-6740 $15.07 BERENT, BRIAN 09-19-03 THRU 10-18-03 612-221-6974 $15.07 TAFFE, JOHN 09-19-03 THRU 10-18-03 612-221-6812 #15 $87.97 FACKLER, JIM 09-19-03 THRU 10-18-03 612-221-6813 HOFF, $107.13 KATIE 09-19-03 THRU 10-18-03 612-221-6814 #03 -$173.95 RAHN, JODI 09-19-03 THRU 10-18-03 612-221-8385 $35.04 SWARTZER, BRIAN 09-19-03 THRU 10-18-03 612-282-5889 $71.58 SIMONEAU, MATT -4105- CITY OF MOUND Cash Payment Invoice 102903 Cash Payment Invoice 102903 Transaction Date E 101-45200-321 Telephone & Cells City of Mound Payments 10/28/03 1:08 PM Page 3 Current Period: October 2003 09-19-03 THRU 10-18-03 612-363-5883 $29.60 NORLANDER, JILL E 101-45200-321 Telephone & Cells 10/28/2003 09-19-03 THRU 10-18-03 BATTERIES $185.57 Wells Fargo 10100 Total $824.67 Refer 102903 PLYMOUTH, CITY OF Cash Payment Invoice 102903 Cash Payment Invoice 102903 Transaction Date E 101-42110-434 Conference & Training PO 17866 E 101-42110-434 Conference & Training PO 17866 10/27/2003 11-19-03 PLEAA TRAINING HAWKS 11-19-03 PLEAA FALL TRAINING DEBORD Wells Fargo 10100 Total $18.00 $18.00 $36.00 Fund Summary 101 GENERAL FUND 281 COMMONS DOCKS FUND 601 WATER FUND 602 SEWER FUND 10100 Wells Fargo $1,034.05 $201.59 $249.60 $354.64 $1,839.88 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $1,839.88 $1,839.88 -4106- CITY OF MOUND Batch Name 103003sue Payments Refer 103003 BECK, KENNETH Cash Payment invoice 103003 Transaction Date City of Mound Page 1 Payments Current Period: October 2003 ;~?~;;~';;~;~ ;~';:!;;,;~ User Dollar Amt $8,269.82 Computer Dollar Amt $8,269,82 $0.00 In Balance E 101-42110-305 Medical Services 10/29/2003 REIMBURE EYE EXPENSE $35.00 Wells Fargo 10100 Total $35.00 Refer 103003 FACKLER, JAMES Cash Payment G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE $652.63 Invoice 103003 Transaction Date 10/30/2003 Wells Fargo 10100 Total $652.63 Refer 103003 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-41910-321 Telephone & Cells 09-30-03 SERVICE CALL $70.00 Invoice 103003 Transaction Date 10/29/2003 Wells Fargo 10100 Total $70.00 Refer 103003 KESTNER, AL Cash Payment E 602-49450-218 Clothing and Uniforms REIMBURSE BOOT ALLOWANCE $139.00 Invoice 103003 !ransaction Date 10/30/2003 Wells Fargo 10100 Total $139.00 103003 MINNEHAHA CREEK WATERSHED Cash Payment E 101-43100-434 Conference & Training 11-07-03 REGISTSRATION, MOORE, $17.50 CARLTON Invoice 17981 PO 17981 Transaction Date 10/29/2003 Wells Fargo 10100 Total $17.50 Refer 103003 MOUND POST OFFICE E 101-41910-322 Postage Cash Payment FIRE CLASS PRESORT MAILING FEE $150.00 Invoice 103003 Cash Payment E 101-41910-322 Postage STANDARD MAIL MAILING FEE $150.00 Invoice 103003 Transaction Date 10/29/2003 Wells Fargo 10100 Total $300.00 Refer 103003 XCEL ENERGY Cash Payment E 101-41910-381 Electric Utilities 09-03 #2245-301-938 $1,327.60 Invoice 103003 Cash Payment E 101-42115-381 Electric Utilities 09-03#0466-607-223 $21.99 Invoice 103003 Cash Payment E 601-49400-381 Electric Utilities 09-03 #0217-606-329 $3,177.82 Invoice 103003 Cash Payment E 101-45200-381 Electdc Utilities 09-03#0047-005-229 $201.07 Invoice 103003 Cash Payment E 101-43100-381 Electric Utilities 09-03 #0864-508-832 $156.64 Invoice 103003 Cash Payment E 601-49400-381 Electric Utilities 09-03 #0864-508-832 $156.64 'nvoice 103003 .;ash Payment E 602-49450-381 Electdc Utilities 09-03 #0864-508-832 $156.64 nvoice 103003 Cash Payment E 602-49450-381 Electric Utilities 09-03 #0018-802-634 $1,486,67 Invoice 103003 -4107- City of Mound Payments 10/30/03 10:10 AM Page 2 CITY OF MOUND Current Period: October 2003 Cash Payment E 101-43100-381 Electdc Utilities 09-03 #0009-604-835 $370.62 Invoice 103003 Transaction Date 10/29/2003 Wells Fargo 10100 Tota $7 055.69 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $3,153.05 601 WATER FUND $3,334.46 602 SEWER FUND $1,782.31 $8,269.82 Pre-Written Check $0.00 Checks to be Generated by the Compute $8,269.82 Total $8,269.82 -4108- CITY OF MOUND City of Mound Page 1 Payments Current Period: November 2003 Batch Name 111103SUE User Dollar Amt Payments Computer Dollar Amt Refer 111103 3D SPECIALTIES Cash Payment E 101-45200-218 Clothing and Uniforms Invoice 414567 10/27/2003 Transaction Date 11/4/2003 Refer 111103 A+ CLEANING CONTRACTORS, IN Cash Payment E 609~49750-460 Janitorial Services Invoice 9841 11/1/2003 Transaction Date 11/5/2003 JACKETS Wells Fargo $424,139.38 $424,139.38 $0.00 In Balance $395.59 10100 Total $ 395.59 10-03 CLEANING SERVICE $304.59 Wells Fargo 10100 Total $304.59 Refer 111103 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE $104.16 Invoice 463330904 11/5/2003 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $93.48 Invoice 463330108 10/28/2003 Cash Payment E 609-49750-255 Misc Merchandise For R iCE $107.84 Invoice 463329512 10/22/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $305.48 ~ ~- ~-~ ~m; JACKETS $22.37 Invoice 111103 10/27/2003 Cash Payment E 101-45200-218 Clothing and Uniforms JACKETS $22.37 Invoice 111103 10/27/2003 Transaction Date 11/3/2003 Wells Fargo 10100 Total $44.74 Refer 111103 AT&T Cash Payment E 101-41310-321 Telephone & Cells 10-03 952-250-0429 $29,61 Invoice 111103 Transaction Date 11/3/2003 Wells Fargo 10100 Total $29.61 Refer 111103 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 27555400 11/3/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 27794400 11/3/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 27782900 10/31/2003 Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS Invoice 37712400 10/31/2003 Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS Invoice 37708500 10/31/2003 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR Invoice 27754500 10/28/2003 Cash Payment E 609-49750-253 Wine For Resale WINE 2771730 10/27/2003 Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 27724500 10/27/2003 $850.00 $1,641.15 $425.05 $85.86 $64.20 -$16,00 $457.00 $758.25 -4109- ....~_..____...... City of Mound 11/06/03 3:48 PM /",~ ~ Page2 /'/ ~ ~ Payments CITY OF MOUND Current Period: November 2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,070.00 Invoice 27708100 10/24/2003 Cash Payment E 609-49750-253 Wine For Resale WINE $672.00 Invoice 27625200 10/24/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $6,007.51 ~e;~r ii-1 i03 ~/ OF MI~IES~TA, iNCi " Cash Payment E 101-43100-384 Refuse/Garbage Dispos 10-03 MAIN STREET ONE CAN $21.20 Invoice 111103 10/31/2003 Cash Payment E 609-49750-384 Refuse/Garbage Dispos 10-03 #1-0429-8003980 $18,47 Invoice 111103 10/31/2003 Cash Payment E 222-42260-384 Refuse/Garbage Dispos 10-03 #1-0200-1307032 $69.68 Invoice 111103 10/31/2003 Cash Payment E 101-43100-384 Refuse/Garbage Dispos 10-03#1-0200-1307131 $46.95 Invoice 111103 10/31/2003 Cash Payment E 601-49400-384 Refuse/Garbage Dispos 10-03 #1-0200-1307131 $46.95 Invoice 111103 10/31/2003 Cash Payment E 602-49450-384 Refuse/Garbage Dispos 10-03 #1-0200-1307131 $49.96 Invoice 111103 10/31/2003 Transaction Date 11/3/2003 Wells Fargo 10100 Cash Payment E 101-45200-410 Rentals (GENERAL) 10-03 SERVICE $70.26 Invoice W206913 10/29/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total $70.26 Refer 111103 BRW ENTERPRISES Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $281,00 Invoice 9769 10/24/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total Cash Payment E 101-43100-224 Street Maint Materials 3/4 MINUS (CL 2) Invoice 111103 10/31/2003 Transaction Date 11/6/2003 Wells Fargo $2,419.01 10100 Total $2,419.01 Cash Payment Invoice 240878 Cash Payment Invoice 240866 Cash Payment Invoice 240370 Cash Payment Invoice 240017 Transaction Date Refer 111103 CLIN-NET SOLUTIONS LLC Cash Payment E 101-45200-440 Other Contractual Servic 01-07-03 DRUG SCREENING $38.00 Invoice 802572 10/10/2003 Transaction Date 11/3/2003 Wells Fargo 10100 Total $38,00 Refer 111103 DAYDISTRIBUTING COMPANY E 609-49750-254 Soft Drinks/Mix For Resa MiX $35.30 11/4/2003 E 609-49750-252 Beer For Resale BEER $1,142.25 11/4/2003 E 609-49750-253 Wine For Resale WINE $899.30 10/30/2003 E 609-49750-252 Beer For Resale BEER $1,758.00 10/28/2003 11/6/2003 Wells Fargo 10100 Total $3,834.85 Refer 111103 DELARIA, JASON -4110- City of Mound /06/03 3:48 PM Page 3 Payments CITY OF MOUND Current Period: November 2003 Cash Payment G 101-22950 4721 Aberdeen Rd. #03-34 S REIMBURSE ESCROW ACCOUNT $588.00 Invoice 111103 Transaction Date 11/4/2003 Wells Fargo 10100 Total $588.00 Refer 111103 DELL MARKETING L.P. Cash Payment E 101-41920-400 Repairs & Maint Contract COMPUTER $685.61 Invoice 37506190 Cash Payment E 601-49400-500 Capital Outlay (GENERA COMPUTER $1,350.00 Invoice 37506190 Cash Payment E 602-49450-500 Capital Outlay (GENERA COMPUTER $1,350.00 Invoice 37506190 Transaction Date 11/4/2003 Wells Fargo 10100 Total $3,385.61 Refer 111103 DETERMAN BROWNIE, INCORPOR Cash Payment E 670-49500-440 Other Contractual Servic REMOVE SLUDGE FROM OIL TANK $495.00 Invoice 251799 10/17/2003 PO 17934 Transaction Date 10/27/2003 Wells Fargo 10100 Total $495.00 Refer 111103 DOSSETT, SINDI Cash Payment E 101-41110-300 Professional Srvs 10-28-03 VIDEO MEETING $20.00 Invoice 111103 Cash Payment E 101-41110-300 Professional Srvs 11-10-03 VIDEO MEETING $20,00 invoice 111103 Date 11/4/2003 Wells Fargo 10100 Total $40.00 Refer 111193 EAST SIDE BEVERAGE Cash Payment E 609-49750-252 Beer For Resale BEER $1,065.20 Invoice 220439 11/3/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $325.00 invoice 41240 10/3/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $2,719.85 invoice 220358 10/27/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $4,110.05 Refer 111103 EHLERS AND ASSOCIATES, INC. Cash Payment E 455.46380-300 Professional Srvs 09-03 PROFESSIONAL SERVICES $1,762~50 Invoice 21372-A 10/10/2003 Cash Payment G 101-22908 Mound Harbor Renaissance 09-03 MOUND HARBOR RENNAISANCE $1,612.50 Invoice 21372-B 10/10/2003 Cash Payment G 101-22908 Mound Harbor Renaissance 09-03 MOUDN HARBOR RENNAISANCE $3,975.00 invoice 21372-C Transaction Date 11/4/2003 Wells Fargo 10100 Total $7,350.00 Refer 111103 ENVIRONMENTAL ASSOCIATES Cash Payment E 401.46540-300 Professional Srvs $180,777.78 Invoice 111103 11/4/2003 Cash Payment E 401-46540-300 Professional Srvs $6,480.00 Invoice 111103 11/5/2003 Transaction Date 11/5/2003 Wells Fargo 10100 Total $187,257.78 11103 EXTREME BEVERAGE yment E 609-49750-254 Soft Drinks/Mix For Resa MIX $32.00 Invoice 156118 10/22/2003 10-31-03 LOST LAKE GREENWAY HAUL MUCK EXCAVATIOIN -4111- CITY OF MOUND Transaction Date 11/6/2003 City of Mound 11/06/03 3:48 PM Page 4 Payments Current Period: November 2003 Wells Fargo 10100 Total $32.00 Refer 111103 FACKLER, JAMES Cash Payment E 101-45200-305 Medical Services REIMBURSE SAFETY LENS $359.77 Invoice 111103 10/28/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total $359.77 Refer 111103 FIRST STATE TIRE RECYCLING Cash Payment E 670-49500-460 Janitorial Services TIRE RECYCLING $555.00 Invoice 35965 10/22/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total $555.00 Refer 111103 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-41910-321 Telephone & Cells 11-03 962-472-0600 $1,154.47 Invoice 111103 10/30/2003 Cash Payment E 101-43100-321 Telephone & Cells 10-03 952-472-0635 $361.41 invoice 111103 10/30/2003 Cash Payment E 601-49400-321 Telephone & Cells 10-03 952-472-0635 $361.41 Invoice 111103 10/30/2003 Cash Payment E 602-49450-321 Telephone & Cells 10-03 952-472-0635 $361.40 Invoice 111103 10/30/2003 Cash Payment E 101-42110-321 Telephone & Cells 10-03 952-472-0621 $921.52 Invoice 111103 Transaction Date 11/5/2003 Wells Fargo 10100 Total $3,160.21 Refer 111103 G & K SERVICES Cash Payment E 101-43100-218 Clothing and Uniforms 10-21-03 UNIFORMS $34.78 Invoice 726184 Cash Payment E 601-49400-218 Clothing and Uniforms 10-21-03 UNIFORMS $34.78 Invoice 726184 Cash Payment E 602-49450-218 Clothing and Uniforms 10-21-03 UNIFORMS $34.77 Invoice 726184 Cash Payment E 101-43100-230 Shop Materials 10-21-03 MATS $21.18 Invoice 726184 Cash Payment E 601-49400-230 Shop Materials 10-21-03 MATS $21.18 Invoice 726184 Cash Payment E 602-49450-230 Shop Materials 10-21-03 MATS $21.18 Invoice 726184 Cash Payment E 222-42260-216 Cleaning Supplies 10-28-03 MATS $57.49 Invoice 732760 Cash Payment E 101-45200-223 Building Repair Supplies 10-28-03 MATS $50.71 Invoice 732761 Cash Payment E 101-41910-460 Janitorial Services 10-28-03 MATS $76.30 invoice 732762 Cash Payment E 609-49750-460 Janitorial Services 10-28-03 MATS $41.92 Invoice 732758 Cash Payment E 101-43100-218 Clothing and Uniforms 10-28-03 UNIFORMS $12.15 Invoice 732759 Cash Payment E 601-49400-218 Clothing and Uniforms 10-18-03 UNIFORMS $12.15 Invoice 732759 Cash Payment E 602-49450-218 Clothing and Uniforms 10-18-03 UNIFORMS $12.16 Invoice 732759 -4112- CITY OF MOUND City of Mound 3:4 Page 5 Payments Current Period: November 2003 Cash Payment E 101-43100-230 Shop Materials 10-18-03 MATS $44.35 Invoice 732759 Cash Payment E 601-49400-230 Shop Materials 10-18-03 MATS $44.35 Invoice 732759 Cash Payment E 602-49450-230 Shop Materials 10-18-03 MATS $44.35 Invoice 732759 Transaction Date 11/6/2003 Wells Fargo 10100 Total $563.80 Refer 111103 GLENWOOD INGLEWOOD Cash Payment E 101-42110-210 Operating Supplies 10-03 WATER SERVICE $69.23 Invoice 111103 Cash Payment E 101-43100-210 Operating Supplies 10-03 WATER SERVICE $7.46 Invoice 111103 Cash Payment E 601-49400-210 Operating Supplies 10-03 WATER SERVICE $7.46 Invoice 111103 Cash Payment E 602-49450-210 Operating Supplies 10-03 WATER SERVICE $7.45 Invoice 111103 Transaction Date 11/5/2003 Wells Fargo 10100 Total $91.60 Refer 111103 GRIGGS COOPER AND COMPANY Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$24.02 Invoice 624453 10/24/2003 ash Payment E 609-49750-251 Liquor For Resale LIQUOR $4,516.28 794119 10/29/2003 Cash Payment E 609-49750-253 Wine For Resale WINE $1,381.76 Invoice 794401 10/29/2003 Cash Payment E 609-49750-253 Wine For Resale WINE $1,494.39 Invoice 791147 10/22/2003 Cash Payment E 609-49750-253 Wine For Resale WINE $1,168.18 invoice 790863 10/22/2003 Transaction Date 11/612003 Wells Fargo 10100 Total $8,536.59 Refer 111103 HANSON, KANDIS Cash Payment E 101-41310-321 Telephone & Cells 10-03 DSL LINE/SERVICE CALL $99,95 Invoice 111103 Transaction Date 11/4/2003 Wells Fargo 10100 Total $99.95 Refer 111103 HAWKINS, INCORPORATED Cash Payment E 601-49400-227 Chemicals CONTAINERS (7) $35.00 Invoice DM94785 9/30/2003 Transaction Date 10/27/2003 Wells Fargo 10100 Total $35.00 Refer 111103 HENNEPIN COUNTY SHERIFF'S A Cash Payment E 101-41600-450 Board of Prisoners 08-03 BOOKING FEE $3,935.07 Invoice 111103 10/8/2003 Cash Payment E 101-41600-450 Board of Prisoners 09-03 BOOKING FEE $2,422.66 Invoice 111103 10/24/2003 Transaction Date 10J27/2003 Wells Fargo 10100 Total $6,357.73 ',efer 111103 HENNEPIN COUNTY TREASUR (R Payment E 101-41600-450 Board of Prisoners 09-03 ROOM AND BOARD $2,157,48 Invoice 000187 10/21/2003 Transaction Date 10/27/2003 Wells Fargo 10100 Total $2,157.48 -4113- ~_-_ City of Mound 11/06/03 3:48 PM /~ -~-~"~ Page6 Payments CITY OF MOUND Current Period: November 2003 Refer 111103 HILL COUNTRY BUSINESS PRODU Cash Payment E 222-42260-217 Fire Prevention Supplies PUBLICATIONS $320.00 Invoice 235 10/10/2003 PQ 17958 Transaction Date 11/4/2003 Wells Fargo 10100 Total $320.00 Refer 111103 HOHENSTEINS, INCORPORATED Cash Payment E 609-49750-252 Beer For Resale BEER $263.85 Invoice 317348 11/3/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $250.45 Invoice 315222 10/6/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $514.30 Refer 111103 IKON OFFICE MACHINES Cash Payment E 101-41910-210 Operating Supplies Invoice 2326683A 10~3~2003 Cash Payment E 101-42110-202 Duplicating and copying Invoice 23973832 10/24/2003 CARTRIDGE FOR FAX $125.66 10-24-03 THRU 11-24-03 MAINTENACE $137.69 Transaction Date 10/23/2003 Wells Fargo 10100 Total $263.35 Cash Payment E 101-41310-404 Repairs/Maint Machinery 10-09-03 OIL CHANGE $27.99 Invoice 14642 10/9/2003 Cash Payment E 670-49500-460 Janitorial Services TOWING CHARGE $58.00 Invoice 14619 10/7/2003 Cash Payment E 601-49400-404 Repairs/Maint Machinery TRANSMISSION FLUSH $92.95 invoice 14741 10/27/2003 Cash Payment E 601-49400-404 Repairs/Maint Machinery TRANSMISSION FLUSH $92.95 Invoice 14742 10/27/2003 Cash Payment E 101-43100-404 Repairs/Maint Machinery TRANSMISSION FLUSH $92,95 Invoice 14743 10/27/2003 Cash Payment E 601-49400-404 Repairs/Maint Machinery TRANSMISSION FLUSH $92.95 Invoice 14744 10/27/2003 Cash Payment E 101-42110-404 Repairs/Maint Machinery OIL CHANGE $25.86 Invoice 14723 10/22/2003 Cash Payment E 101-42110-404 Repairs/Maint Machinery OIL CHANGE $25.86 Invoice 14650 10/16/2003 Cash Payment E 101-42110-404 Repairs/Maint Machinery OIL FILTER/CHANGE $33.21 Invoice 14789 11/3/2004 Cash Payment E 101-42110-404 Repairs/Maint Machinery TIRE REPAIR $15,00 Invoice 14769 10/29/2003 Cash Payment E 101-42110-404 Repairs/Maint Machinery OIL CHANGE $25.86 Invoice 14781 10/30/2003 Cash Payment E 101-42110-404 Repairs/Maint Machinery OIL FILTER/CHANGE $37.86 Invoice 14718 10/22/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total $621.44 Refer 111103 JESSEN PRESS INCORPORATED Cash Payment E 601-49400-351 Legal Notices Publishing AUTO PAY UTILITIES Invoice 48158 10/28/2003 Cash Payment E 602-49450-351 Legal Notices Publishing AUTO PAY UTILITIES Invoice 48158 10/28/2003 Transaction Date 11/5/2003 Wells Fargo 10100 $298,20 $298.2O Total $596.40 -4114- CITY OF MOUND Refer City of Mound /o0/o3 3;48 PM Page 7 Payments Current Period: November 2003 103 JO/-/NgON BROTI-IgRg LIOUOR Cash Payment E 609~49750-251 Liquor For Resale LIQUOR $354.25 Invoice 1632712 10/29/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $677.85 Invoice 1632713 10/29/2003 Cash Payment E 609-49750-253 Wine For Resale WINE $173.24 Invoice 1632714 10/29/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $642.95 Invoice 1633715 10/29/2003 Cash Payment E 609-49750-253 Wine For Resale WINE $1,199.50 Invoice 1629590 10/22/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $452.66 Invoice 1629589 10/22/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,839.41 Invoice 1629586 10/22/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $26.00 Invoice 1629588 10/22/2000 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $253.10 Invoice 1629587 10/22/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $6,618.96 Refer 111103 JOHNSON, TIM Payment E 101-43100-218 Clothing and Uniforms 2003 REIMBURSE SAFETY LENS $492.27 Invoice 111103 11/3/2003 Transaction Date 11/3/2003 Wells Fargo 10100 Total $492.27 Refer 111103 JUBILEE FOODS Cash Payment E 101-41110-430 Miscellaneous 10-23-03 COUNCIL COOKIES $11.66 Invoice 111103 10/23/2003 Transaction Date 10/27/2003 Wells Fargo 10100 Total $11.66 Refer 111103 KENNEDYAND GRAVEN Cash Payment E 455-46377-300 Professional Srvs 06-03 CTY RD 15 REALIGNMENT $3,416.69 Invoice 57299-A 7/25/2003 Cash Payment E 101-41600-300 Professional Srvs 06-03 RfW FRANCHISE $1,180.80 Invoice 57299-B 7/25/2003 Cash Payment G 609-16200 Fixed Asset-Buildings 06-03 NEW LIQUOR STORE $1,257.00 Invoice 57299-C 7/25/2003 Cash Payment G 101-22895 Kells Lane Vacation Jeff Paul 06-03 KELLS LANE VACATION $56.00 Invoice 59299-D 7/25/2003 Cash Payment E 101-41600-300 Professional Srvs 06-03 DREAMWOOD LAWSUIT $54.00 Invoice 57299-E 7/25/2003 Cash Payment G 601-16100 Fixed Asset-Land 06-03 WELLSlTE LAND PURCHASE $1,517.21 Invoice 57299-F 7/25/2003 Cash Payment E 675-49425-300 Professional Srvs 06-03 BALBOA LAND PURCHASE $36.00 Invoice 57299-G 7/25/2003 Cash Payment E 401-43100-300 Professional Srvs 06-03 SKAALERUD LOT SURVEY $396.60 Invoice 57299-H 7/25/2003 ;ash Payment E 222-42260-300 Professional Srvs 06-03 MINNETRISTA FiRE AGREEMENT $183.75 )ice 57299-1 7/25/2003 Cash Payment E 101-41600-300 Professional Srvs 06-03 EXECUTIVE $834.00 Invoice 57299-J 7/25/2003 -4115- CITY OF MOUND Cash Payment Invoice 57299-K Cash Payment Invoice 57299-L Cash Payment Invoice 57299-M Cash Payment Invoice 57299-N Cash Payment Invoice 57299-O Cash Payment Invoice 58737-A Cash Payment Invoice 58737-B Cash Payment Invoice 58737-C Cash Payment Invoice 58740-A Cash Payment Invoice 58740-B Cash Payment City of Mound 11/06/03 3:48 PM Page 8 Payments Current Period: November 2003 E 101-41600-300 Professional Srvs $210.00 7/25/2003 E 222-42260-300 Professional Srvs $216.00 7/25/2003 E 101-41600-314 Legal PRV $66.00 7/25/2003 E 101-41600-316 Legal P & I $398.00 7/25/2003 E 101-41600-318 Legal Parks $216.00 7/25/2003 E 101-41600-300 Professional Srvs $467.50 10/28/2003 E 455-46380-300 Professional Srvs $1,257.83 10/28/2003 G 101-22908 Mound Harbor Renaissance $1,452.00 10/28/2003 E 455-46377-300 Professional Srvs $968~86 10/28/2003 G 609-16200 Fixed Asset-Buildings $2.60 10/28/2003 G 101-22891 Kells Lane Vacation, J. Paul 09-03 KELLS ROAD VACATION $0.90 06-03 ADMINISTRATIVE 06-03 PUBLIC SAFETY 06-03 PUBLIC WORKS 06-03 PLANNING 06-03 PARKS 09-03 HRA MEETING 09-03 REDEV PROJECT AREA #1 09-03 HARBOR RENNASIANCE 09-03 CTY RD 15 REALIGNMENT 09-03 NEW LIQUOR STORE Invoice 58740-C1 10/28/2003 Cash Payment G 101-22895 Kells Lane Vacation Jeff Paul 09-03 KELLS ROAD VACATION Invoice 58740-C2 10/28/2003 Cash Payment Invoice 58740-D Cash Payment Invoice 58740-E Cash Payment Invoice 58740-F Cash Payment Invoice 58740-G Cash Payment Invoice 58740-H Cash Payment Invoice 58740-1 Cash Payment Invoice 58740-J Cash Payment Invoice 58740-K Cash Payment Invoice 58740-L Cash Payment Invoice 58740-M Cash Payment Invoice 58740-N Cash Payment Invoice 58740-0 Cash Payment Invoice 58740-P E 101-41600-300 Professional Srvs 10/28/2003 E 401-43100-300 Professional Srvs 10/28/2003 E 101-41600-300 Professional Srvs 10/28/2003 E 222-42260-300 Professional Srvs 10/28/2003 G 101-22945 5234 Lynwood, #03-29 CUP 10/28/2003 E 609-49750-300 Professional Srvs 10/28/2003 E 101-41600-300 Professional Srvs 10/28/2003 E 101-41600-300 Professional Srvs 10/28/2003 E 101-41600-300 Professional Srvs 10/28/2003 E 101-41600-300 Professional Srvs 10/28/2003 E 101-41600-312 Legal Police 10/28/2003 E 101-41600-314 Legal P/W 10/28/2003 E 101-41600-316 Legal P & I 10/28/2003 09-03 DREAMWOOD LAWSUIT 09-03 SKAALERUD LOT SURVEY 09-03 ROEGLIN ASSESSMENT APPEAL 09-03 MINNETRISTA FIRE AGREEMENT 09-03 5234 CODDON CUP 09-03 BOLT VS LIQUOR STORE 09-03 ADULT USE ORDINANCE 09-03 HOME PARK CLOSING 09-03 EXECUTIVE 09-03 ADMINISTRATIVE 09-03 PUBLIC SAFETY 09-03 P/W MISC LEGAL FEES 09-03 P/Z MISC LEGAL FEES $0.90 $72.00 $358.36 $1,435.36 $43.75 $36.00 $1o.2o $1,867.98 $210.00 $1 ,O56.OO $879.07 $84.OO $60.00 $594.00 -4116- CITY OF MOUND Transaction Date 11/4/2003 City of Mound /06/03 3:48 PM Page 9 Payments Wells Fargo 101 O0 Total $20,895.36 Refer 111103 KESTNER, AL Cash Payment E 602-49450-218 Clothing and Uniforms 2003 BOOT ALLOWANCE $139.00 Invoice 111103 10/27/2003 Transaction Date 10/27/2003 Wells Fargo 10100 Total $139.00 Refer 110303 KIVISTO, SCOTT Cash Payment E 602-49450-218 Clothing and Uniforms 2003 BOOT ALLOWANCE $150.00 Invoice 111103 11/3/2003 Transaction Date 11/3/2003 Wells Fargo 10100 Total $150.00 Refer 111103 LAKE MINNETONKA CONVERSATI Cash Payment E 101-41110-433 Dues and Subscriptions 4TH QTR LEVY PAYMENT $4,948.30 invoice 111103 Transaction Date 11/4/2003 Wells Fargo 10100 Total $4,948.30 Refer 111103 LAKER NEWSPAPER Cash Payment E 101-41110-351 Legal Notices Publishing 10-25-03 LIQUOR LICENSE $37.81 Invoice 822 10/25/2003 Cash Payment E 101-41110-351 Legal Notices Publishing 09-30-03 LEGAL NOTICE $234.82 Invoice 093003 9/30/2003 Cash Payment E 401-43105-300 Professional Srvs 09-27-03 ASSESSMENT $147.26 ~voice 799 9/27/2003 on Date 11/4/2003 Wells Fargo 10100 Total $419.89 Refer 111103 LAKER/PIONEER NEWSPAPER Cash Payment E 609-49750-340 Advertising $331.50 Invoice OOX12 10/4/2003 Cash Payment E 609-49750-340 Advertising $286.50 Invoice OOX13 10/18/2003 Transaction Date 11/3/2003 10-04-03 INSERTS 10-18-03 INSERTS Wells Fargo 10100 Total $618.00 Cash Payment E 609-49750-252 Beer For Resale BEER $969.56 Invoice 601868 11/4/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $37.30 Invoice 601869 11/4/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $2,942.05 Invoice 599336 10/28/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $18.40 Invoice 599337 10/28/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $3 967.31 Cash Payment E 609-49750-265 Freight 10-09-03 DELIVERY CHARGE $96.30 Invoice 13782 10/9/2003 Cash Payment E 609-49750-265 Freight 10-13-03 DELIVERY CHARGE $16.20 Invoice 13793 1011312003 ~l~ransaction Date 111612003 Wells Fargo 10100 Total $112.50 Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $297.25 Invoice 127661 10/27/2003 -4117- CITY OF MOUND Transaction Date 1116/2003 City of Mound 11/06/03 3:48 PM Page 10 Payments Current Period: November 2003 Wells Fargo 10100 Total $297.25 Refer 111103 MATTHEWS, DAVE LANDSCAPING Cash Payment E 602-49450-440 Other Contractual Servic INSTALLATION OF SOD $435.00 Invoice 287411 Transaction Date 10/27/2003 Wells Fargo 10100 Total $435.00 Refer 111103 MINNEHAHA BUILDING MAINTENA Cash Payment E 609-49750~401 Repairs/Maint Buildings 10-06-03 WINDOW WASH $37.28 Invoice 10263010128 10/26/2003 Transaction Date 11/3/2003 Wells Fargo 10100 Total $37.28 Refer 1E+06 MINNETONKA PORTABLE DREDGI Cash Payment E 401-46540-300 Professional Srvs LOST LAKE DREDGING $4,812.50 Invoice 1726 11/5/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $4,812.50 Refer 111103 MONROE TRUCK EQUIPMENT Cash Payment E 101-43100-221 Equipment Parts ROCKER SWITCH $16.62 Invoice 768325 10/31/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $16.62 Refer 111103 MOORE, CARLTON E 101-43100-200 Office Supplies 11/3/2003 Cash Payment Invoice 111103 Cash Payment Invoice 111103 Cash Payment Invoice 111103 Transaction Date E 601-49400-200 Office Supplies E 602-49450-200 Office Supplies REIMBURE ERASERS $10.99 REIMBURE ERASERS $2.75 REIMBURE ERASERS $2.74 11/5/2003 Wells Fargo 10100 Total $16.48 Refer 111103 MORAN USA, LLC Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $257.00 invoice 222561 10/28/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $257.00 Refer 111103 MORRELL AND MORR.ELL, INCOR Cash Payment E 670-49500-460 Janitorial Services 10-11-03 CLEANUP DAY $2,472.67 Invoice 6134 10/20/2003 Transaction Date 10/27/2003 Wells Fargo 10100 Total $2,472.67 Refer 111103 MOUND FIRE RELIEF ASSOCIA TIO Cash Payment E 895-49990-124 Fire Pens Contrib 10-03 FIRE RELIEF $9,361.66 Invoice 111103 Transaction Date 11/6/2003 Wells Fargo 10100 Total $9,361.66 Refer 111103 MOUND OPTICIANS Cash Payment E 602-49450-305 Medical Services 2003 SAFETY LENS $288.00 Invoice 111103 11/5/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $288.00 Refer 111103 MUELLER, WILLIAM AND SONS Cash Payment E 601-49400-224 Street Maint Materials 10-01-03 BLACKTOP $486.88 Invoice 85166 10/6/2003 -4118- CITY OF MOUND City of Mound Payments 1106103 3:4B PM Page 11 Current Period: November 2003 Cash Payment E 601-49400-224 Street Maint Materials 10-21-03 BLACKTOP $316.30 Invoice 85998 10/23/2003 Cash Payment E 601-49400-224 Street Maint MateriaLs 10-27-03 BLACKTOP $1,105.58 Invoice 86130 10/27/2003 Cash Payment E 601-49400-224 Street Maint Materials 10-24-03 BLACKTOP $41.51 invoice 86131 10/27/2003 Cash Payment E 101-43100-224 Street Maint Materials 10-30-03 BLACKTOP $222.11 Invoice 86378 10/31/2003 Cash Payment E 101-43100-224 Street Maint Materials 10-31-03 BLACKTOP $1,240.11 Invoice 86448 10/31/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $3,412.49 Refer 111103 NASH SALES, INCORPORATED Cash Payment E 670-49500-460 Janitorial Services 10-11-03 CLEANUP DAY $200.00 Invoice 1903 10/17/2003 Transaction Date 10/27/2003 Wells Fargo 10100 Total $200.00 Refer 111103 NEW FRANCE WINE COMPANY Cash Payment E 609-49750-253 Wine For Resale WINE $348.00 Invoice 230003 10/30/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $348.00 111103 NEXTEL COMMUNICATIONS (POLl Payment E 101-42110-321 Telephone & Cells 09-19-03 THRU 10-18-03 CELL PHONE $481.37 CHARGES Invoice 111103 10/23/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total $481.37 Refer 111104 NORTHERN WATER WORKS SUPP Cash Payment E 601-49400-220 Repair/Maint Supply METERS $1,014.73 Invoice 3202608 10/17/2003 Cash Payment E 601-49400-221 Equipment Parts METERS $1,013.88 Invoice 3178173 7/8/2003 Transaction Date 10/27/2003 Wells Fargo 10100 Total $2,028.61 Refer 111103 PAUSTIS AND SONS WINE COMPA Cash Payment E 609-49750-253 Wine For Resale WINE $1,885.52 Invoice 8019347 11/3/2003 Cash Payment E 609-49750-253 Wine For Resale WINE $691.00 Invoice 8018895 10/28/2003 Cash Payment E 609-49750-253 Wine For Resale CREDIT--WINE -$11.50 Invoice 8018996 10/29/2003 Cash Payment E 609-49750-253 Wine For Resale WINE $1,780.99 Invoice 8018742 10/27/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $4,346.01 Refer 111103 PERKINS, DAVE CONTRACTING, I Cash Payment E 675-49425-300 Professional Srvs FINAL PAY REQUEST 2002 STORM SEWER $6,201.76 IMPROVEMENT invoice 111103 11/3/2003 Refer 111103 PHILLIPS WINE AND SPIRITS, INC -4119- CITY OF MOUND City of Mound Payments Current Period: November 2003 11/06/03 3:48 PM Page 12 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $82.85 Invoice 2004602 10/29/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2004603 10/29/2003 $24,00 Cash Payment E 609-49750-253 Wine For Resale WINE $546.15 Invoice 2002200 10/22/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $25.00 Invoice 2002201 10/22/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $29.10 Invoice 2002199 10/22/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total Refer 111103 PINNACLE DISTRIBUTING Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $448.24 Invoice 25475 9/3/2003 Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $327.04 Invoice 29663 11/4/2003 Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $365.21 Invoice 29160 10/28/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $1 140 49 Cash Payment R 101-32230 Plumbing Connection Permit REIMBURSE APPLICATION $124.00 Invoice 6124 10/28/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 326412-00 10/29/2003 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 325851-00 10/28/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 326289-00 10/29/2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 323107-00 Cash Payment E LIQUOR Invoice 323566-00 Cash Payment E WINE Invoice 323355-00 Cash Payment E Invoice 323104-00 Transaction Date Refer 111103 RANDY'SSANITATATION Cash Payment E 101-41910-384 Refuse/Garbage Dispos Invoice 1656 10/21/2003 10/22/2003 609-49750-251 Liquor For Resale 10/22/2003 609-49750-253 Wine For Resale 10/22/2003 609-49750-254 Soft Drinks/Mix For Resa MIX 10/22/2003 11/6/2003 Wells Fargo 101OO 10-03 GARBAGE SERVICE $916.44 $27.00 $1,087.38 $981.21 $19.93 $2,O27.62 $78.31 $114.54 Transaction Date 10/27/2003 Wells Fargo 10100 Total $114 54 Cash Payment E 101-42110-210 Operating Supplies NOTARY STAMP $92.45 Invoice P12470 10/17/2003 Transaction Date 11/4/2003 -4120- C~TY OF MOUND City of Mound Payments Current Period: November 2003 Refer 111103 Cash Payment Invoice 341180 Cash Payment Invoice 341180 Cash Payment Invoice 341180 Cash Payment invoice 341180 Transaction Date 11/06/03 3:48 PM Page 13 SENTRY SYSTEMS, INCORPORA T E 609-49750-440 Other Contractual Servic 11-03 O-C'S $10.65 11/1/2003 E 609-49750-440 Other Contractual Servic 11-03 BURGLARY MONITORING $22.21 11/1/2003 E 609-49750-440 Other Contractual Servic 11-03 FIRE SYSTEM MONITORING $25.72 11/1/2003 E 609-49750-440 Other Contractual Servic 11-03 FIRE ALARM TEST $10.65 11/1/2003 11/4/2003 Wells Fargo 10100 Total $69.23 Refer 111103 SHOREWOOD TREE SERVICE Cash Payment E 101-45200-533 Tree Removal BLACK OAK LANE TREE REMOVAL $615.57 Invoice 4768 10/30/2003 Cash Payment E 101-45200-533 Tree Removal 2942 OAKLAWN TREE CHIP STUMP $213.00 Invoice 4761 10/23/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total $828~57 Refer 111103 SHORT ELLIOTT HENDRICKSON, I Cash Payment E 496-46580-500 Capital Outlay (GENERA 09-03 PUBLIC SAFETY BUILDING $3,528,40 Invoice 0106828 10/15/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total $3,528.40 111103 SIMONEAU, MATTHEW W. Cash Payment E 101-42400-218 Clothing and Uniforms CLOTHING ALLOWANCE $145.00 Invoice 111103 Transaction Date 10128/2003 Wells Fargo 10100 Total $145.00 Refer 111103 SMITH, SARAH Cash Payment E 101.42400.434 Conference & Training REIMBURSE CONFERENCE $105.44 Invoice 111103 10/28/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total $105.44 Refer 111103 SOS PRINTING Cash Payment E 609-49750-340 Advertising NOV FLYERS $287.98 Invoice 64995 10/2712003 Transaction Date 11/4/2003 Wells Fargo 10100 Total $287.98 Refer 111103 SPEEDWAY SUPERAMERICA (FIR Cash Payment E 222-42260-212 Motor Fuels THRU 10-28-03 GASOLINE CHARGES $267.62 Invoice 111103 Transaction Date 11/4/2003 Wells Fargo 10100 Total $267.62 Refer 111103 SPEEDWAY SUPERAMERICA (P/W Cash Payment E 101.43100-212 Motor Fuels THRU 10-22-03 GASOLINE CHARGES $219.39 Invoice 111103 Cash Payment E 601.49400-212 Motor Fuels THRU 10-22-03 GASOLINE CHARGES $768.51 Invoice 111103 Cash Payment E 602-49450-212 Motor Fuels THRU 10-22-03 GASOLINE CHARGES $487.90 Invoice 111103 Date 11/5/2003 Wells Fargo 10100 Total $1,475.60 111103 SPEEDWAY SUPERAMERICA (PAR ~,efer -4121 - CITY OF MOUND City of Mound Payments Current Period: November 2003 11/06/03 3:48 PM Page 14 Cash Payment E 101-45200-212 Motor Fuels THRU 10-22-03 GASOLINE CHARGES $322.61 Invoice 111103 Cash Payment E 101-42400-212 Motor Fuels THRU 10-22-03 GASOLINE CHARGES $40.37 Invoice 111103 Transaction Date 11/4/2003 Wells Fargo 10100 Total $362.98 Refer 111103 STREiC~ER,S Cash Payment E 101-42110-500 Capital Outlay (GENERA SQUAD SETUP $80.22 Invoice 396965.1 10/27/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total $80.22 Cash Payment E 675-49425-300 Professional Srvs THRU 10-11-03 BALBOA LAND PURCHASE $1,667.25 Invoice 249864 10/20/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total $1 667 25 Cash Payment E 101-43100-221 Equipment Parts #18 TIRES $236.88 Invoice 10017472 10/28/2003 Transaction,,~ Date 11/3/2003 Wells Fargo 10100 Total $236.88 Cash Payment E 101-45200-409 Other Equipment Repair TIRES $225.18 Invoice 10017670 10/23/2003 Transaction Date 11/4/2003 Wells Fargo 10100 Total Cash Payment E 609-49750-252 Beer For Resale CREDIT-BEER -$3,688.75 Invoice 312740-C Cash Payment E 609-49750-252 Beer For Resale BEER $2,347.40 Invoice 315558 11/5/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $228.65 Invoice 315557 11/5/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $250.50 Invoice 271750 11/3/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $1,248.50 Invoice 314899 10/29/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $111.50 Invoice 314898 10/29/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $804.00 Invoice 271266 10/27/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $1,348.90 Invoice 314162 10/27/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $88.95 Invoice 413160 10/22/2003 Cash Payment E 609-49750-252 Beer For Resale BEER $0.00 Invoice 314161 Transaction Date . 11/5/2003 Wells Fargo 10100 Total $2,739.65 Refer 111103 TOTAL REGISTER SYSTEMS, INC. Cash Payment E 609-49750-210 Operating Supplies REGISTER PAPER ROLLS $184.22 Invoice 15894 10/30/2003 Transaction Date 11/3/2003 Wells Fargo 10100 -4122- CITY OF MOUND Current Period: November 2003 Refer 111103 TRAUTWELLS Cash Payment G 601-16300 Improvements Other Than BI #2 THRU 10-31-03 MUNICIPAL WELL #8 $38,784.94 Invoice 111103 11/4/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $38,784.94 Refer 111103 TRUE VALUE, MOUND Cash Payment $54.16 Invoice 111103 Cash Payment $30.89 Invoice 111103 Cash Payment $30.88 Invoice 111103 Cash Payment $87.12 Invoice 111103 Cash Payment $6.05 Invoice 111103 Cash Payment $89.41 Invoice 111103 Cash Payment $8.48 Invoice 111103 Cash Payment $80.63 111103 Payment (3 101-22810 X-Mas Lights Donation/Expe 10-31-03 MISCELLANEOUS SUPPLIES $19.1t Invoice 111103 Cash Payment E 602-49450-210 Operating Supplies 10-31-03 MISCELLANEOUS SUPPLIES $12.87 Invoice 111103 Cash Payment E 222-42260-210 Operating Supplies 10-31-03 MISCELLANEOUS SUPPLIES $14.19 Invoice 111103 Transaction Date 11/5/2003 Wells Fargo 10100 Total $435.79 Refer 111103 TWIN CITY GARAGE DOOR COMP Cash Payment E 602-49450-223 Building Repair Supplies CABLE $177.90 Invoice 205122 10/30/2003 Transaction Date 11/5/2003 Wells Fargo 10100 Total $177.90 Refer 111103 TWIN CITY OFFICE SUPPLY E 101.43100-230 Shop Materials E 601-49400-230 Shop Materials E 602-49450-230 Shop Materials E 101-45200-220 Repair/Maint Supply E 101-45200-533 Tree Removal E 101-41910-220 RepaidMaint Supply E 101-41910-220 RepaidMaint Supply E 609-49750-210 Operating Supplies 10-31-03 MISCELLANEOUS SUPPLIES 10-31-03 MISCELLANEOUS SUPPLIES 10-31-03 MISCELLANEOUS SUPPLIES 10-31-03 MISCELLANEOUS SUPPLIES 10-31-03 MISCELLANEOUS SUPPLIES 10-31-03 MISCELLANEOUS SUPPLIES 10-31-03 MISCELLANEOUS SUPPLIES 10-31-03 MISCELLANEOUS SUPPLIES Cash Payment E 101-41310-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $10.70 Invoice 404226-1 Cash Payment E 101-41500-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $10,70 invoice 404226-1 Cash Payment E 101-42110-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $10.70 Invoice 404226-1 Cash Payment E 101.42400-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $10.70 Invoice 404226-1 Cash Payment E 101-45200-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $10.70 Invoice 404226-1 Cash Payment E 101.43100-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $3.57 Invoice 404226-1 :ash Payment E 609-49750-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $3.57 )ice 404226-1 Cash Payment E 601-49400-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $5.35 Invoice 404226-1 -4123- CITY OF MOUND City of Mound Payments Current Period: November 2003 Cash Payment E 602-49450-200 Office Supplies Invoice 404226-1 Cash Payment E 101-41310-200 Office Supplies invoice 405313-0 Cash Payment E 101-41500-200 Office Supplies Invoice 405313-0 Cash Payment E 101-42110-200 Office Supplies Invoice 405313-0 Cash Payment E 101-42400-200 Office Supplies Invoice 405313-0 Cash Payment E 101-45200-200 Office Supplies Invoice 405313-0 Cash Payment E 101-43100-200 Office Supplies Invoice 405313-0 Cash Payment E 609-49750-200 Office Supplies Invoice 405313-0 Cash Payment E 601-49400-200 Office Supplies Invoice 405313-0 Cash Payment E 602-49450-200 Office Supplies invoice 405313-0 Cash Payment E 101-41310-200 Office Supplies Invoice 405713-0 Cash Payment E 101-41500-200 Office Supplies Invoice 405713-0 Cash Payment E 101-42110-200 Office Supplies Invoice 405713-0 Cash Payment E 101-42400-200 Office Supplies Invoice 405713-0 Cash Payment E 101-45200-200 Office Supplies Invoice 405713-0 Cash Payment E 101-43100-200 Office Supplies Invoice 405713-0 Cash Payment E 609-49750-200 Office Supplies Invoice 405713-0 Cash Payment E 601-49400-200 Office Supplies Invoice 405713-0 Cash Payment E 602-49450-200 Office Supplies Invoice 405713-0 Cash Payment E 101-41110-200 Office Supplies Invoice 405713-0 Cash Payment E 101-41310-200 Office Supplies Invoice 406954-0 Cash Payment E 101-41500-200 Office Supplies Invoice 406954-0 Cash Payment E 101-42110-200 Office Supplies Invoice 406954-0 Cash Payment E 101-45200-200 Office Supplies Invoice 406954-0 Cash Payment E 101-45200-200 Office Supplies Invoice 406954-0 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES 11/06/03 3:48 PM Page 16 $5.32 $8.99 $8.99 $8.99 $8.99 $8.99 $3.00 $3.00 $4.49 $4.48 $23.79 $23,79 $23.79 $23.79 $23.79 $7.93 $7.93 $11.90 $11.91 $34.56 $3.8O $3.80 $3.80 $3.80 $3.80 -4124- City of Mound 06/03 3:48 PM ×x/,,~,~' ........ Page 17 /, ~~, Payments CITY OF MOUND Cash Payment E i01-43100-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.27 Invoice 406954-0 Cash Payment E 609-49750-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.27 Invoice 406954-0 Cash Payment E 601-49400-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.90 Invoice 406954-0 Cash Payment E 602-49450-200 Office Supplies MISCELLANEOUS OFF[CE SUPPLIES $1.86 Invoice 406954-0 Cash Payment E 101-41310-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES - $8.81 Invoice 407225-0 Cash Payment E 101-41500-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $8.81 Invoice 407225-0 Cash Payment E 101-42110-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $8.81 Invoice 407225-0 Cash Payment E 101-42400-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $8.81 Invoice 407225-0 Cash Payment E 101-45200-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $8.81 Invoice 407225-0 Cash Payment E 101-43100-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.94 Invoice 407225-0 Cash Payment E 609-49750-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.94 nvoice 407225-0 Payment E 601-49400-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $4.40 Invoice 407225-0 Cash Payment E 602-49450-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $4.37 Invoice 407225-0 Transaction Date 11/6/2003 Wells Fargo 10100 Total $408.41 Refer 111103 VALLEY PAWNG, INCORPORATED Cash Payment E 401-43105-300 Professional Srvs PAY REQ 4 2003 STREET IMPROVEMENT $42,854.72 Invoice 111103 11/4/2003 Transaction Date 11/5/2003 Wells Fargo 10100 Total $42,854.72 Refer 111103 WASHDEPOT Cash Payment E 101-42110-404 Repairs/Maint Machinery 10-03 SQUAD WASHES $48.62 Invoice 2210 11/1/2003 Transaction Date 111412003 Wells Fargo 10100 Total $48.62 Refer 111103 WlDMER CONSTRUCTION, LLC Cash Payment E 601-49400-400 Repairs & Maint Contract 09-29-03 BARTLETT $217,50 Invoice 150 10/18/2003 Cash Payment E 601-49400-400 Repairs & Maint Contract 10-02-03 REPAIRED WATERMAIN $217.50 Invoice 152 10/18/2003 Transaction Date 10/27/2003 Wells Fargo 10100 Total $435.00 Refer 111103 WILLIAMS TOWING Cash Payment E 101-42110-404 Repairs/Maint Machinery 08-21-03 TOW SERVICE $226.43 Invoice 35523 ;ash Payment E 101-42110-404 Repairs/Maint Machinery 09-21-3 TOW SERVICE $331.32 ~voice 66277 Transaction Date 11/5/2003 Wells Fargo 10100 Total $557.75 Refer 111103 WINE COMPANY -4125- ............ _..... City of Mound 11/06/03 3:48 PM ?/ . Page 18 _,. -,==,,- ~_. Payments CITY OF MOUND Current Period: November 2003 Cash Payment E 609-49750-253 Wine For Resale WINE $1,021.88 Invoice 14694-00 10/30/2003 Cash Payment E 609-49750-253 Wine For Resale WINE $354.08 Invoice 14334-00 10/23/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $1 375 96 Refer i i ii03 Wl~ MEf~CH~N~S Cash Payment E 609-49750-253 Wine For Resale WINE $2,560.00 Invoice 83329 10/22/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $2,560 00 Cash Payment E 609-49750-253 Wine For Resale WINE $947.00 Invoice 141796 10/23/2003 Transaction Date 11/6/2003 Wells Fargo 10100 Total $947.00 Refer 111103 XCEl_ E~RGY Cash Payment E 609-49750-381 Electdc Utilities 10-03 #0895-952-498-297 $1,171.54 Invoice 0895-951-498-29 11/25/2003 Transaction Date 11/5/2003 101 GENERAL FUND 222 AREA FIRE SERVICES 401 GENERAL CAPITAL PROJECTS 455 TIF 1-2 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STQRM WATER UTILITY FUND 895 FIRE RELIEF FUND 10100 Wells Fargo $44,910.54 $1,172.48 $235,827.22 $7,405.88 $3,528.40 $48,036.55 $3,931.70 $58,279.27 $3,780.67 $7,905.01 $9,361.66 $424,139.38 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $424,139.38 $424,139.38 -4126- 5341 Ma~/wood Road Mound, MN 55364 (952) 472-3190 STAFF REPORT TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: November 3, 2003 SUBJECT: Operations Permit APPLICANT: Choice Plastics LOCATION: 5300 Shoreline Boulevard - Balboa Business Center ZONING: I-1 Industrial PlA COMPREHENSIVE PLAN: Industrial SUMMARY Choice Plastics, Inc. is requesting approval of an Operations Permit to lease space in the Balboa Business Center for plastic recycling / manufacturing use. As the City Council is aware, Operations Permits are required by the Mound City Code for businesses operating within the Balboa Business Center which was previously established as a Planned Industrial Area (PLA) as approved by Resolution No. 85-87, Resolution No. 87-145, and Resolution No. 87-205. The applicants are also proposing to remove the exterior doors on the loading docks on the west end of the building to alleviate the need for significant ventilation upgrades associated with the International Building Code. Pursuant to the PlA for the subject property, exterior alterations to the building are prohibited pending submittal of a remodeling plan for the entire structure by Balboa or upon approval of an Operation Permit for a portion of the structure. REVIEW PROCEDURE City Code Section 350:680, Subd. 7 B states that approval of a PlA Operations Permit shall be by the City Council following a recommendation by City staff. Members of the City Council are advised that Operations Permits do not require review by the Planning Commission nor is a public hearing required. However, at its discretion, the City Council may elect to call a public hearing to solicit public input on an Operations Permit in the event there are relevant concerns (ie. emissions, access, parking, noise, etc.) The criteria for granting Operations Permit are the same the criteria as listed in City Code Section 350:525, Subd. 1 A-L for conditional use permits. -4127- CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all City departments for review and comment. All written comments received to date have been summarized below: Police Chief Kurtz No objections. Public Works Supt. Moore The number of daily delivery trucks needs to be determined. Applicant should address whether there may be any interior noise issues associated with the use(s). Fire Chief Pederson No comments received. City Engineer Cameron No engineering issues. City Planner Gordon An Operations Permit is required. Building alterations are allowed upon approval of an Operations Permit. The Operations Permit process is similar to the CUP process as it assumes the use is acceptable with conditions that may be imposed by the City Council. Building Official Simoneau It is suggested that the overhead doors be reinstalled upon lease termination. Comm. Dev. Dir. Smith Outside storage is prohibited except by Operations Permit. Parking of vehicles exceeding 24 hours is prohibited except for delivery vehicles in designated spaces and trucks in loading berth areas. ADDITIONAL COMMENTS The following additional information has been provided by the applicant: 1. There will be 1-2 delivery trucks in/out of the facility on a regular basis. 2. Internal noise within the building is not an issue. 3. In the event there may be a need for overnight parking of delivery vehicle(s) and trucks, they will be parked in the designated area(s). 4. Please refer to the supplemental applicant narrative. -4128- RECOMMENDATION City staff recommends approval of an amendment to the Operations Permit for Choice Plastics, Inc. to utilize space in the Balboa Business Center for--p-lastics .... recycling/manufacturing purposes and to allow removal of the overhead doors on the existing loading docks on the west side of the building. -4129- CITY OF MOUND RESOLUTION # 03- RESOLUTION TO APPROVE AN OPERATIONS PERMIT FOR CHOICE PLASTICS, INC. TO LOCATE IN THE BALBOA BUSINESS CENTER AND TO REMOVE THE EXTERIOR OVERHEAD DOORS IN THE LOADING DOCK AT 5300 SHORELINE DRIVE WHEREAS, Operations Permits are required by the Mound City Code for new businesses operating within the Balboa Business Building which is a Planned Industrial Area (PLA), approved by Resolution No. 85-87 and amended by Resolution No. 87-145 and Resolution No. 87-205; and WHEREAS, the applicant, Choice Plastics, Inc. plans to lease space in the Balboa Business Center for plastics recycling and manufacturing purposes; and WHEREAS, the applicant is also requesting permission to remove the (3) overhead doors on the loading dock which is located on the west end of the building so as to alleviate the need to upgrade the ventilation system associated with the International Building Code (IBC); and WHEREAS, exterior alterations for a portion of the Balboa building can be made upon approval of an Operations Permit as outlined in Resolution No. 85- 87; and WHEREAS, adequate parking is available on the property for the use(s) contained within the Balboa building; and WHEREAS, the proposed manufacturing use and exterior alterations are consistent with the criteria for granting Operations Permits as set forth in City Code Section 350:680, Subd. 8 and Resolution No. 85-87. -4130- NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to approve an Operations Permit for Choice Plastics, Inc. to allow use of the proposed space for plastics recycling and manufacturing use and removal of the overhead doors on the loading'dock: Approval'is conditioned on compliance with all building and fire codes and the following additional condition(s): 1. The overhead doors in the loading dock shall be reinstalled in the event the business moves out of the building. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted November 10, 2003 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -4131 - i~:;~ l"A& 7t;350~7049 CHOICE P~STIC~ INC ~002 . .... 3P~A~O~ ~~ ~CATf~M CITY OF MO ~O, ~ MA~O~ ~, MOUNO, MN 553~ ~: 9~-4~~, PAX: e~2~72~20 - lu/al.,'zuorj lZ:3z F.~X ?625037049 CHOICE PLASTICS ODS ;r,,,illlal~ lei 2, What n ¥~, 6e~r. Ht~ ~moun~ ~f a~iotimated ~mensio~ __% Jn=l~l~ b~ ~ ~ No . [ ~j mwe~, HVAC yes, ml~ ~ ~ ~;~ ,. , £0~] ~O~'ON -4!~3~3~-=Z,~SS6 <- ao;~a (lB±INn l£:01: £0×£0/~ ~]004 ~10o4 Yes ..... No Z . if Ves, ~')bO souffle mr~ol ] · ,r - _ m'TLlr ~ofl~oyf'.~ in ~ ny required .~a~zs ~ pf~s ~ ~ ~~ k~~ are ~ ~ o~u~. ( eo~t ~ ~ ~ of M~nd for ~e ~ of I~$~g, or of Postiflg, mmi~ii~i~ 8~ r~o~ng sio-- ...~m~oa.' j~-6/-~ -4134- ~ZO~ 90P'ON 0~90~Ap~c:;66 <- ~lO~d (T:II TNn ~.P:~I EXHIBIT A 19 to 21 inclusive Block 11, "Abraham Lincoln Addition to Lakeside Park, Mound, Minnetonka." That part of Lots 22 and 23, Block 11, lying south of a line drawn from the most westedy corner of Block 9 to the point of intersection of the southeasterly line of Block 11 with a line drawn parallel to and 40 feet northerly, measured at rlgtlt angles, from the southerly line of Block 1 t and its extension, all In "Abraham Lincoln Actdition to Lakeside Park, Mound- Minnetonka." Lots 1 to ,6 inclusive, Block 11, "Abreham Lincoln Addition to Lakeside Park, Mound, Minnetonka", according to the duly recorded plat thereof. The normerly, westerly and southerly boundary lines cf said Lot t, the northerly and southerly boundary lines of said Lots 2; 3 and 4, and the, and the northerly, easterly and SoutherlY boundary lines of said Lot 5 are markeci by judicial landmarks set at the northwest and southwest corners of said Lot 1, at the southeast corner of said Lot 5 and at a point on the Easterly line of said Lot 5 dis[ant 4 feet Southeasterly from the northeast comer of said Lot 5, pursuant to Torrens Case No. 15803. Lots 23 to 28 inclusive, "Koehler's Addition to Mound", Lake Minnetonka, according to the recorded plat thereof. The north, east and southerly boundary lines of said Lot 23, the north and south boundary lines of said Lots 24, 25, 25 and 27, the north, west and southerly boundary lines of said Lot 28 are marked by judicial landmarks set at the northwest and southwest corners of said Lot 28 at the northeast and southwest corners of said Lot 28 at the northeast and southeast corners of said Lot 23, pursuant to Torrens Case No. 15804, Lots 6 to 12 inclusive, Block 11 "Abraham Lincoln Addition to Lakeside Park, Mound, Minnesota", accorcling to the duly recorded plat thereof. Lots 13 to 18 inclusive, Block 11, "Abraham Lincoln Addition to Lakeside Park, Mound, Minnesota", according to the duly recorded plat thereof. The easterly line of Lot 18, Block '11, said subcllvlslon Is marked by judicial landmarks set pursuant to Case No. 15803. of Lot 35, Auditor's Subdivision No, 170, Hennepin County, Minnesota, and that part of the southwest 1/4 of +,he southwest 1/4 of Section 13, Township 117, Range 24, all described as beginning at a point on the north line of said Lot 36, distant 25 feet west from the northeast corner thereof, which point is marked by ajudicial landmark set pursuant to Torrens Casa No. 15078; thence east to the northeast corner of salcl Lot 36, which point is marked by judicial landmark set pursuant to Torrens Case No. 16002; thence south along the east line of said Lot 36 and Its extension to an intersection with a line drawn parallel to and 33 feet southerly from the southerly line of said Lot 36; thence westerly along the last described parallel line to its intersection with a line drawn south, parallel to t~e east line of said Lot 36 and i~s extension from the point of beginning; thence north along said last described parallel line 34. t5 feet to a point marked by a judicial lanclmark set pursuant ~o Torrens Case No. 15078; thence continuing north along said last described line 121.B feet to the point of beginning. That part of Lot 8, Block 5, Sylvan Heights A¢tdltlon to Mound-Minnetrista Township, Hennepin County, Minnesota, described as follows; beginning at me northwest corner of said Lot 8, which point is marked by a judicial landmark set pursuant to Torrens Case No. 16002, thence east along the north line of said Lot 8, 358.35 feet to a point which is 134.4 feet westerly from the northeast comer of said Lot 8, which point is marked by a judicial landmark set pursuant to Torrens Case No. 15805; thence south parallel to the east line of said Lot 8, 287.3 feet to the south line of said Lot 8, whlc~ point is marked by a judicial lanclmark set pursuant to Torrens Case No. t5805, thence westerly and northwesterly along the south line of said Lot 8, 207.77 feet to a point which Is marked by a judicial landmark set purslJant to Torrens Case No. I~002; thence continuing northwesterly along said south line 162.58 feet to a point which is marked by a judicial landmark set pursuant to Torrens Case NO. 16002; thence continuing northwesterly along said south line to the west line of said Lot 8; thence northerly along the west line of said Lot 8 to a point which is 40.14 feet south of the northwest corner of Said Lot 8, which point is marked by a judicial landmark set Pursuant to Torrens Case No. 16002; thence according to the recorded plat thereof. TJ~at part of the southwest 1/4 of the southwest 1/4, Section 13, Township 117, Range 24 described as beginning at the northeast comer of Lot 36, Auditor's Subdivision No. 170. Hennepln County, Minnesota, said point being marked by a ~dicial landmark set pursuant to Torrens Case No. 16002; thence westerly, along the north line of said Lot 36 a distance ~ 25 feet to a point marked by a .Judicial landmark set pursuant ~o Torrens Case No. 15078; thence no rth parallel with the line ~f saki southwest 114 of the southwest 1/4, to the point of Intersection wtth a line 40 feet northerly cf measured at Doc~ 18~B51 ~1 -4135- OFFICE/WAREHOUSE LEASE B_OYI.IE &_VOSS PA COMMENT~ 0§.?_-~. I a dght angle to and parallel with the northerly line of said Lot 38 said point of Intersection being markecl by a judicial landmark set pursuant to Torrens Case No. '17105 thence easterly, along the last described parallel line a distance of 25 feet to the point of Intersection with the east line of said southwest ti4 of the southwest 1t4, said point of intersection being marked by a judicial landmark set pursuant to Torrens Case No. 18002; thence south, along said east line, to the point of beginning, according to the Government Survey thereof. Lots 10 to 14 inclusive, and that part of Lot 1~, lying north of the south 8 feet thereof, all in Block 2, L.P. Crew/let's Subdivision of part of Lot 36 Lafayette Park. Lots 1 to 11 inclusive, Block 5; Lots. 1-to 7~nclusive; and-thatpart of Lot8 lying easterly~ of a tln'e-drawnsout~pamllel-to-t eh~eas[Irn~-'~fLot 8;f~' a-poin~ ..... on the northerly line thereof distant 134.4 feet westerly from the northeast corner of Lot 8, Block 6; All of Yost Street, vacated, lying between the extension across said street of the northerly lines of Lots 1 to 6 Inclusive, Block 6, and a tine drawn from the southwest cbrner of Lot 1, Block 6, to the southea;~t corner of Lot 11, Block 5; All In Sylvan Height;, Addition to Mound-Minnetrlsta Township, Hennepin County, Minnesota, according to the recordecl t31at t~ereof. The boundary lines of the above tract I~ave been judicially determined and marked by judicial landmarks as shown by Torrens Case No. 15805. Lot 1, Block 1 and Lot 1, Block 2, Balboa ^ddltlon, Hennepin County, Minnesota. Clloice B~lboa DOCS-1802551-¥1-WOODHOUSE BALBOA I~_U_~ NE$.S CENTER Choice Plastics Incomorated Lej[s_e BVPA Comments 09-17-0,", I 802551\1 -4136- 90~1 90P'ON ~C~ddAP~S66 <- dO~d CB±INn 6£:05 £0×£0×~ 11/05/2003 12:16 FAX 7635037049 CHOICE PLASTICS INC ~002 CHOICE PLASTICS, INC. Choice Plastics, Inc. is a recycler of post-industrial scrap plastic. Founded as a startup company .n 200l Choice has t~own to where it recycles one million pounds of plastic each month. The opefatlon ~ccupi~s 30,000 square feet, There are ~hr~e full-time adminislrative/sales l~rsolm01 a~x[ a full-time opera,ions staff of five, Additionally~ Choice employs seven part-tree workers. Choice Plastics is certified by H~mnepin County as a non-hazardous was'to generator. Operations include granulalion of scrap and transportation. Granulation seae.:atcs noise that is effectively suppressed by various sound d~-.~ming tecblliques. Health alld safety are of primary coucem to Choice 'Plastics. Its employee's hearing is tested annually to ensure the effectiveness of its noise management. The noise generated by granulation is not noticeable in the TransportaTion of one m~lion pounds of plastic pea-month requires one semi-trailer and one doc[: truck movement per day. There is no outside storage required except l'or an eccaskoal semi -trailer that.is awaiting movemesar in one day. Choice Plastics, Inc. setwices over one hundred accounts ,'md continues to add accounts regularly. Additional growth is also forecast by diversifying into distr~ution of plastic ,:olorants and value added reprocessing/pelletizing of raw materials. 5840 Shingle Creek Parkway Minn~ polls, ~ 763-503-?0d7 Fax: '~6~-5o3-7049 Ema{I choic~lastlcs,com -4137- Oct 30 03 09: 1Sa August 13, 1985 RESOLUTION NO. 85-87 RESOLUTION TO CONCUR WITH THE ?LANNING COMHISSION RECOMMENDATION GRANTING A CONDIIION~L USE PF~T~, TH£[ESTABL~HH£NT ~ WHEREAS, B-a. tboa Minnesota Company (appt~ea-nt) .has applied for a Conditional Use Permit for the establishment of a Planned Industrial Area for the property generally known as the Tonkawest Business Center at 5340 Shoreline Boulevard; and WHEREAS, the property is presently zoned I-1 and Planned Industrial Areas are conditional uses in the I-1 zone; and WHEREAS, the applicant has applied for a Conditional Use Permit to facilitate the full utilization of the Tonkawest Business Center structure through the establishment of one or more business enterprises either on a lease or sale basis, thereby expanding employment opportunities in the City. of Mound and contributing to the improvement of the economic 'climate in the surrounding mrea; and WHEREAS, the City of Mound has de~ermined that the establishment of a Planned Industrial Area is a more efficient usage of the existing structure and land than could be accomplished under traditional I-1 zoning. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hound, Minnesota: It. is hereby, determined that the proposed Planned Industrial Area is consistent with the land use and economic development policies of the City and is consistent with the general purposes and interest of the 7oning Code of the City. The Conditional Use Permit is granted ~n accordance w~th the following conditions: Modification or alteration of the exterior of the building is expressly prohibited pendlng submittal of the comprehensive exterior remodeling plan for the entire struct, ore by Balboa Minnesota Comp.any or royal O ation, Permit for 'tion In accordance with the performance standards of the Hound Zoning Code, industrial, warehouse, storage and handling of bulk goods f~eilities -4138- Oct 30 03 OB: 16a p.2 ~.ugust ]], ~985 are required to have at least one parking space for each employee on maximum shift or one space for each two thousand (2,000) square feet of gross floor area, whichever is 1ar&er. The redevelopmenC plan for Ton.V, awest Business Center (Exhibit 1) has identified 427 total parking spaces. As uses occupy this building, their parking req?!r_ements will be verified at the time of Building Permit or Operations Permit application. If ~- perking shortage occurs at any time during the deve!opment (leasing or sale) of the building, the applicant shall be respon~ib!e for providing additional parking for the use of a!l a icable busines Loading access areas (loading berths) shall be restricted to the locations shown oD E×hJbit 2 unless modified by the subsequent approval of an Operations Permit for a portion of the 'bu!lding. All loading berths shall conform to the provisions of Section 23.717 of the Hound Zoning Code. Within 90 days of approval of this Conditional Use Permit, the applicant shall prepare landscaping plans for all parking areas, entrance areas and common areas on the property. Such plans, clearly identifying species, caliper and root type shall be submitted for review and approval by the City Planner. Tonkawest Business Center shall be combined into one ta~ parcel, f.. Balboa Minnesota Company shal'l prepare .a compbehensive signage plan' of the entire structure depicting locations of concentrations of wall signs, the general signage theme and the location and design pylon signs. Sign permits for individual business establishments shall be withheld until such time as ~ comprehensive sign plan is submitted and approved. Subdivision of the Tonkawest Business Center structure in two or more units shall require review and approval by the Mound Planning Commission and City Council. Subdivisions shell be consistent with all applicable City Ordinances and at the time of subdivision application, the City Council shall make a determination of park dedication requirements. -4139- No change ~n ~ne external mechanical devices Oct 30 03 09:lSa p.3 August 13, 1985 shall be permitted unless authorized by Operations Permit for a portion of the building. Additionally, no roof vents or emission stacks shall be constructed without Operations Permit approval. i. Proposed improvement along the north side of the structure including but not limited to walkways and dri--veways bet~ e-eh the--bu ild~_n-g- -a~-d the existing parking lot shall be reviewed by the Burlington Northern Railroad or subsequent owner. No outside storage is permitted ex, cept by Operations Permit. Parking of vehicles exceeding 24 hours is prohibited except delivery vehicles in designated spaces and trucks in loading berth areas. Balboa Minnesota Company shall submit to the City $1,000 to be put in an escrow.account to cover staff review and administration. The foregoing resolution was moved, by Councilmember Peterson and seconded by Councilmember Jessen. The following Councilmembers voted in the affirm2tive: Jessen, Paulsen, Peterson, Polston and Smith. The following Councilmembera voted in the negative: r~one. M~yor Attest: City Clerk -4140- RESOLUTION #35-87 (EXHIBIT 2) MOUND CITY CODE SECTION 350=680 Section 3S0:680. Planned Industrial Area (PIA!. Subd. 1. Purpose (PIA). The purpose of the Planned Industrial Area (PIA) is to facilitate the conversion and division of industrial structures into two or more separate uses in order to promote economical and efficient land use, expand employment opportunities, improve levels of amenities and/or encourage creative design. owners of any tract or tracts of land in the Light Industrial (I-l) district may submit to the City Council for approval, a plan for the use and development of such a tract of land as Planned Industrial Area (PIA) by making application for a Conditional Use Permit authorizing completion of the project according to the plan. Subd. 3. Subdivision (PIA). Industrial buildings may be subdivided into two or more units under a condominium plat or other appropriate technique providing that the parking requirements and other applicable standards in the Mound Zoning Code and conditional use permit are met. All condominium plats or subdivisions of any nature shall be reviewed and approved by the Planning Commission and City Council prior to filing with the county. All plats shall be consistent with the development plan as included in the conditional use permit. Subd. 4. Condit~onal Use Permit - Procedure (PIA[. Conditional Use Permit Review/Issuance. The conditional use permit review shall include an application for conditional use permit subject to the requirements of 350:525. Additionally, the site plan (master development plan) shall include the following: A® Names, addresses, and telephone numbers of owners, developers, .and designers; name of development, date, north point and scale. Sufficient information on adjacent properties to indicate relationships to the proposed development, including such information as land divisions, land use, pedestrian and vehicular circulation, significant natural features or physical improvements and drainage pattern. Existing site conditions including contours at intervals sufficient to indicate topographic conditions (generally two feet). 72 3/ls/93 -4142- MOUND CITY CODE SECTION 350~680, SUBD. 4. D. De Treatment of transitional zones around the perimeter of the project for protection of adjoining properties, including setbacks and buffer areas, landscaping, fences or other screening, height limitation or other provisions. E. A narrative or graphic explanation of the planning and design concepts and objectives the .............. owner-~ int-e~s to follow in i~p~eme-nt~ng the proposed development, including a description of the character of the proposed development; the rationale behind the assumptions and choices made; the compatibility with the surrounding areas; and design considerations for architecture, engineering, landscaping, open space, etc. A statement of intent with regard to selling or leasing all or portions of the proposed development. Ge Proposed phasing timetable. Subd. $. PermStted Uses (PIA). Within any Planned Industrial Area, no structure or land shall be used except for one or more of the following. The numbers on parenthesis refer to the Standard Industrial Classification Manual, 1987 edition· A. Public buildings. B. Public and private utility uses. C. Refrigerated warehousing (4222). D. Household goods warehousing and storage (4214). Sub4. 6. Uses by Operations Permit (PIA}. Withinany~V~~ Planned Industrial Area, no structure or land shall be us~ for the following except by operations permit. The numbers parenthesis refer to the Standard Industrial Classification~ ~ Manual, 1987 edition. Manufacturing of: Food and kindred products (20) excluding (2011)-(2017), (2044), (2046), (2062), (2063) and (2074)-(2079). Textile milled products (22). Apparel and other finished products made from fabrics and other similar materials (23). Millwork (2431). Wood kitchen cabinets (2343). 73 3/ls/93 -4143- MOUND CITY CODE SECTION 350:680, SUBD. 6. A. 6. Be 6. Furniture and fixtures (25). 7. Paper and allied products (26) excluding (2611)-(2631) and (2661). 8. Printing, publishing and allied industries (27). 9. Leather and leather products (31) excluding (3111). 10. Stone, clay, glass and concrete products (32) excluding (3251), (3255), (3259), (3271)-(3281) and (3292). 11. Cold rolled steel sheet, strip and bars (3316). 12. Steel pipe and tubes (3317). 13. Fabricated metal products, except machinery and transportation equipment (34) excluding (3448) and (3471)-(3489). 14. Machinery, except electr ica 1 ( 35) excluding (3519), (3523), (3531)-(3533), (3536) and (3537). 15. Electrical and electronic machinery, equipment and supplies (36) excluding (3612), (3624), (3672) and (3691)-(3693). 16. Measuring, analyzing and controlling instruments; photographic, medical and optical goals; watches and clocks (38). 17. Miscellaneous manufacturing industries (39). Transportation, Communication and Other Public Utilities Including: Local and suburban transit and interurban highway passenger transportation (41). General warehousing and storage (4225). Wholesale Including: 1. Durable goods (50) excluding (5012), (5031), (5039), (5051), (5052), (5082), (5083) and (5093). 2. Nondurable goods (51) excluding (5154)- (5172). Retail Trade Including: 1. Building materials, hardware, garden supply, and mobile home dealers (52) excluding (5271). General merchandise stores (53). Food stores (54). Auto and home supply stores (5531). Apparel and accessory shops (56). 3. 4. 5. 74 -4144- 3/~5/93 MOUND CITY CODE SECTION 350:680, SUED. 6. D. 6. Subd. 7. Furniture, home furnishings and equipmen~ stores (57). Eating and drinking places (58). Miscellaneous retail (59) excluding (5983) and (5984). Finance Insurance and Real Estate Including: Banking (60). Credit agencies other than banks (61). Security and commodity brokers, dealers, exchanges and services (62)· Insurance carriers (63). Insurance agents, brokers and service (64). Real estate (65). Combinations of real estate, insurance, loans and law offices (66). Holding and other investment companies (67). Services Including: 8. 9. 10. 11. Personal services (72). Business services (73). Automotive repair, service and garages (75) including boats and watercraft. Miscellaneous repair services (76). Motion pictures (78). Amusement and recreation services except motion pictures (79) excluding (7948), (7992) and (7996). Health services (80). Legal services (81). Social services (83). Nonprofit membership organizations (86). Miscellaneous services (89). Operations Permit - Procedure (PIA). Applications for operations permits accompanied by the fee as established by the City Council shall be filed with the Building Official. After approval of the Operations Permit, the applicant, owner or developer, before commencing any work or obtaining any building permits, may be required to make a minimum cash deposit of $250. The Council may establish an amount above the minimum deposit at the time the permit is approved and this deposit shall be held in a special Developer's Escrow Account to cover administrative and legal expenses incurred by the City of Mound. 75 -4145- 3/15/93 HOUND CITY CODE SECTION 350;525 8eotio~ 350:S25. Conditionll Use Permit~. 8ubd. 2.. Criteria for Grantina Conditional Use Permits. A. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. That the establishment of the COnditionaI use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Fo Go The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The use is not in conflict with the policies plan of the City. Jo Ko The use will not cause traffic hazards or congestion. Existing adjacent uses will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or'general unsightliness. The developer shall submit a time schedule for completion of the project. The developer shall provide proof of ownership of the property to the Zoning Officer. -4146- MOUND CITY CODE SECTION 3S0~680, SUBO. 7. Approval of a planned industrial area operations permit shall be by the City Council after recommendation by the City Staff. Ce At the option of the City Council, the City may elect to call a public hearing to solicit public input on an operations permit application. A hearing may be called to review concerns regarding the use or discharge of toxic substances, emissions, special access, parking or loading requirements, noise, storage or other relevant factors. Subd. 8. Criteria for Granting Operations permits The criteria for granting operation permits shall be the same as the criteria listed in Section 350:525, Subd. 1, A - L for the issuance of conditional use permits. -4147- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 EXECUTIVE SUMMARY TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director' DATE: November 4, 2003 SUBJECT: Variance - front setback for detached, garage OWNER: Marilyn Stillings~ CASE NUMBER: 03-43. LOCATION: 2050 Harrison Lane PID: 13-117-24-32-0037 LEGAL DESCRPTION: Lots 14, 15, 16, Block 2, Crockers 1st Division and ¼ of vacated Breezy Road abutting Lot 16 ZONING: R-2 Residential COMPREHENSIVE PLAN: Low Density Residential BACKGROUND At its November 3, 2003 meeting, the Planning Commission reviewed the application from Marilyn Stillings for variance approval to construct a 22' X 24' detached garage at 2050 Harrison Lane. The requested variance is described as follows: Required Requested Variance Front setback (30) (6) (24) (Breezy Road) EXISTING CONDITIONS The property located at 2050 Harrison Lane includes an existing 1% story home which was constructed in 1940. Structure includes a 1-stall tuck under garage. A portion of Breezy Road which abuts Lot 16 was vacated previously. -4148- PROJECT DETAILS Details regarding the original project are contained in Planning Report No, 03-43 which is on file in the Planning and Building Inspections Department and will be provided to members of the City Council upon request. MEETING OVERVIEW Staff did not support the variance request due to lack of hardship as there were alternate locations on the property to construct a garage without a variance. Additionally, the application did not adequately demonstrate that the variance was the "minimum" possible to accomplish the intended task. The discussion at the Planning Commission focused primarily on two issues including the status and functionality of unimproved Breezy Road and whether or not a street vacation should be undertaken and the availability of alternate sites for a garage. Members also commented that the City Code allows an appropriate side and/or rear setback to alleys and/or fire lanes which are less than (15) feet width and also discussed that the City Code requires a 20-foot front setback in the R-2 District but also requires a corner setback of 30-feet for wider lots which seems excessive. PLANNING COMMISSION RECOMMENDATION Based on its review, the Planning Commission voted four (4) in favor and three (3) opposed to recommend approval of the variance application. A copy of the November 3, 2003 Planning Commission meeting minutes excerpts has been included as an attachment. Additionally, a draft resolution based on the Planning Commission's recommendation has also been provided. -4149- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION NOVEMBER 3, 2003 BOARD OF APPEALS CASE #03-43 VARIANCE 2050 Harrison Lane - Marilyn Skillings Applicant is requesting variance approval to construct a 22' x 24' detached garage. is requesting a 24-foot front setback variance from the 30-foot setback required off Breezy Road. She The house was constructed in 1940. The structure includes a 1-stall tuck under garage. A portion of Breezy Road that abuts the property was vacated previously. The reason the entire section was not vacated was that underground utilities are in the right of way. Mueller inquired if Breezy Road were vacated through to Harrison Lane, what would the setback for the garage be. Smith indicated it would either be 6 or 10. It would then be considered a side instead of a second front. Jim Zuccaro, friend of the applicant - When he reviewed the situation he thought an attached garage would be nice. However it would cost considerably more money for footings, roofline, etc. ($9-10,000 vs. $25-30,000). It would make snow removal difficult, water flow into the' garage would be an issue, and visibility for backing out would be difficult. Limiting size of the backyard and excessive hardcover is also an issue. The best area on the lot would be somewhere to the north. Michael reminded that granting a variance has nothing to do with the cost of the project. This is a 13,000 square foot lot. There are other places to put the garage. Mueller said Breezy Road goes nowhere. It will never be developed. We should look at the setback in light of that fact. Osmek agrees if there is no part of the adjacent driveway on the section you vacate. If the existing driveway were in that section it would most likely require an easement. Mueller said that easements are very common. He would like us to consider it as a typical side yard adjacent to a fire lane and apply the 6-foot setback. Clapsaddle summarized that the current Breezy Road is never going to be developed. We have often allowed shallower setbacks on like properties. Why not consider this a side? -4150- P%ann%ncj Comm%ss%on t~%nutes November 3, 2003 Ayaz understands that there is plenty of room on the lot and that Breezy Road will always be as it is. He thinks that the case should be tabled until the property owner comes back with other alternatives. Clapsaddle felt that the garage shouid be moved closer to the house and match the elevation so that any future expansion of the house could be easily tied into the garage. Mueller reminded all that the garage would need footings in order to tie in the house in the future. That expense would still remain a factor. Zuccaro thought a breezeway could tie in the two structures very conomically. Osmek wanted to know how close the adjacent driveway was to the property line. Mueller thought it looked a good 25 or 30 feet. Michael asked if staff want easements in place for the driveway? Smith said it would need to be addressed. Marilyn Skillings - Backyard location is too much driveway to maintain. The south side of house has too many retaining walls. Snow would have to be thrown 5 feet in the air. MOTION by Mueller, seconded by Hasse, to recommend Council approve the variance. MOTION carried. Voting for: Ayaz, Hasse, Schwingler and Mueller; Voting against: Michael, Clapsaddle and Osmek. 2 -4151 - CITY OF MOUND RESOLUTION # 03- A RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A DETACHED GARAGE AT 2050 HARRISON LANE P & Z CASE # 03-43 PID # 13-117-24-32-0037 WHEREAS, the applicant, Marilyn Stillings has requested the following variance to allow construction of a detached garage at 2050 Harrison Lane: and; Front setback (Breezy Road) Required Requested Variance (30) (6) (24) WHEREAS, the subject property is located in a R-2 Zoning District and subject to the requirements in City Code Section 350:630; and WHEREAS, the proposal includes construction of a 22' x 24' detached garage to be accessed by an existing driveway entrance on Harrison Road; and WHEREAS, there is an existing driveway and apron on the property which will be used to access the proposed new structure; and WHEREAS, the subject property includes a 1-stall tuck under garage which is being used for storage purposes which lacks functionality due to its location, size and design; and -4152- WHEREAS, the property is fronted by streets on the east side by Harrison Lane which requires a 20-foot setback and Breezy Road on the north side which requires a 30-foot setback; and WHEREAS, a portion of Breezy Road which abuts Lot 16 was vacated previously; and WHEREAS, the remaining (80) feet of unimproved Breezy Road which fronts Lots 15 and 14 remains open and provides driveway access to abutting properties and also includes sanitary sewer; and WHEREAS, the unimproved portion of Breezy Road generally functions as a side yard for the subject property; and WHEREAS, a side yard setback of (6) feet is allowed for detached structures in the R-2 District which are located in front of the rear building line; and WHEREAS, hardcover on the subject property, following the improvements, meets the (40) percent restrictions for properties with "lot of record" status; and WHEREAS, construction of a garage on the north side limits the opportunity for building expansions; and WHEREAS, construction of a garage in the rear yard of the property minimizes the applicant's use of the backyard and also increases hardcover; and WHEREAS, the opportunity to store vehicles and other items inside is viewed as positive; and WHEREAS, the request was reviewed by the Planning Commission at its November 3, 2003 meeting as required by the City Code who voted 4 to 3 to recommend approval. NOW, THEREFORE, BE IT RESOLVED, bythe City Council of the City of Mound, Minnesota as follows: 1. The City does hereby grant the requested variance subject to the following conditions: Applicant shall be responsible for payment of all costs associated with the land use requests. No future approval of any development plans and/or building permits is included as part of this action in the event the variance(s) application is approved. -4153- Applicant shall be required to submit all required information upon submittal of the building permit application. Applicant permits. 2. This variance is approved for the following legally described property as stated in the Hennepin County Property Information System: Lot 14, 15, & 16, including adjacent ¼ of the vacated street, Block 2, LAKESIDE PARK, A.L. CROCKER 1sT DIVISION, Hennepin County, Mn This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to M.S.S. 462.36, Subd. 1. This shall be considered a restriction on how this property may be used. The property owner shali have the responsibility of filing this resolution with Hennepin County and paying for all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The variance is valid for one (1) year following its approval unless an extension is approved by the City Council pursuant to the City Code 350:530, Subd. 2 (E). The foregoing resolution was seconded by Councilmember moved by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted November 10, 2003 and Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -4154- 10×29×03 12:57 DEH~R~-~BRIEL o Denotes iron monumen~ Por~ele= 12,899 Square Fee~ x 000.0 Deno~e~ e~is~in~ elev. Houee/Go~e- 990 Square Fee~ (ooo.o) ~e~ p~p~a~ elev, Grovel 0rfves~ 7~8 Square Feet , PROP~E~ D~C~I~JO~: Lot 14,15 ~ 16, including adjacent 1/2 of the vacated stree(, ~lock 2,  ~KESIDE PARK A.L. CROCKER ~ D~SION~ Hennepin County, Mn. ~ h*m~y ~. ~ ~ ~e~y. ~eq eF re~o~ woe ~ ~y ~ ~le No, ~-~ ~ ~ ~v ~ ~ ~ ~ ~ ~ ~ ~ ~.~ ~ 12266 CERTIFICAT~ OF STILLINGS ~, ~N S~44~ - 417-54 ~aR~r. yN Phene:(7~) 5flg-OgOa ~E, F~ :~7~) 55g-O47g Scale 20~o ~RISON LN, -4156-" I ~ tJt~ I .,t'~il~ , i ~ ~'t~'li,~lj ,l ,," lit~ l,l~!lll, ~ Il ,I1' , t,, J, · l lj'l!~h~~',' :'il, ~P', ',,, ;,ill1 ,Jljlljl~ '1' ' I Il I J J J Ijl i ~1 ~ i ~ '1 i" Il I! ~ JJJ Il JJ I I Ii l ~ ~ I lift I , ltil I ' i~ ~ ! . ~l',Jl lt. j · t,l ,., i. ,, i,,lll,,Ifhh lJh,~.,,lJ,.dJ~li,I I , j I ~I' ,,,~ I liljJ : ,I · .i'! t ' 1~i ~ !~ l~i~ ~ j .. ~ ~1{I · ,' ,!I I,J t 'm fJl ~l,fi,~ ~~~Jl] i ! I~ Il ,-,, It . 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I ,,J!~ , Iii Jt.i , ,f l ~lJl~ll I 'l,1 ,l",J I' I It..I .hJJ Ii,Jill ,,hh ~jJJ,J,i,ia,ill -~'~',-~ l,,-~ilJ .~,i.,h.,. , J~jl, ,J ...IHl,,]h.l,,,.,.l,Ji,'. Ill Engineering ° Planning ° Surveying FRA Roos November 3, 2003 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound 2002 Storm Sewer Improvements Final Payment Request MFRA #13677 Dear Kandis: Enclosed is Dave Perkins' Final Payment Request for the subject project. The amount of this request is $6,201.76. We have reviewed the project and find that the work was completed in general accordance with the plans and specifications. It is our recommendation that the Contractor be paid in full for this project. Sincerely, MFRA John Cameron, City Engineer JR:pry cc: Gino Businaro, Finance Director, City of Mound Enclosure s:Xmain:Wlou 13677:\CorrespondenceXhanson 11-3 -4159- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-maih mfra@mfra, com C: m I -4160- 88888888888888888~ 888888888888888888888 oo~oo8o§8~8~8~ ~ 8888~88888888~~8§ z~ 8888888888888888888 8 888888888888888888888 0 O~ 8888888888888888888 8 888888888°°°°°°oooooo8888oo°° 8888888888888888888 ~ 8888~88888~888888888 8~8o8888~8~8o~8§ z 888888~888~88888888 ~ -4161 - ~ .~.~.~ ~ ................. 888888888 8 88888888888888888 99999~999 0000ooo00000000oo 888888888 8 88888888888888888 -4162- Ill 8888888888 88888 8888888888 8 8 88888 8888 8 8888 88888 8 88888 8 8888 8 8 88888 8888888888 8888888888 8 8 88888 8 8888 a ~ ooooo 8888888888 ~ 8 88888 8 8888 8 88888 8 88888 8 88888 -n c -4163- Engineering o Planning ° Surveying November 4, 2003 Ms. Kandis Hanson City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound Lost Lake Greenway S.P. 145-090-01 TEAX 2700 (28) Partial Payment MFRA #13566 Dear Kandis: Enclosed is Environmental Associates Payment Request No. 2 for work completed through October 31, 2003 on the subject project. The amount of this payment request is $180,777.78. We have reviewed this request, find it in order, and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact me. 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O0 · .oo ~ ~ . ooooooooooooooooooooooooooooooo~ D00 o o ooo.08oooooooo0o0oooo~~0oo ooo ooo o o ~ ooo888oooooooooooooooooooopoppppp ~ ~ z b b b bbbbbbbbbbbbbbbbbbbbbobooooooooobb ~ ~ q~ P ? G ooo88~ooooooooooooooooooooooppppPP ~ ~ ~gg 8 8 ~ 88~8888~gggggg~8888~ggggggggggggg ~C om -4177- 0 .-q C rn ~J - 4178- _~. -n~ -4179- Engineering o Planning o Surveying November 4, 2003 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound Municipal Well No. 8 Partial Payment MFRA #13313 Dear Kandis: Enclosed is Traut Wells' Payment Request No. 2 for work completed through October 31, 2003 on the subject project. The amount of this payment request is $38,784.94. We have reviewed this request, find it in order, and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact me. Sincerely, MFRA John Cameron, City Engineer JR:rth cc: Gino Businaro, Financial Director, City of Mound Enclosure s:h'nain:XMou 13313:\Correspondence~payrequestl 1-4 -4180- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-mai/: mfra@mfra.com m z --I r~ Ill C~ -Z o "0 0 7 "n C I -4181 - Z .-t 1'13 --I ~> ~ : o m · CZ '< ~ m 'TI C 'lJ rtl C --I Z 20 m o m -H ~ ~8 IT1 ~i,o ~' m m~ omm> o ~ Z ~ o Z ~ -4182- ~ ~z ° - _ _ ~. ~ ~'~ ~'~'~'~ ~'~ [g ~ ~ o o o-~ ~~o m = ~ ~ ~ b bb o bbbbbbbbbbbbbbbb c ~mm ~ ~p ppp~ppppp~p~p~p ~ ~ ~ ~ ~ ~ ooo~ooooo~o~o~o b b bb b b b bbbbbbbbbbbbbbbb~o 0 Z[ ~ ~ ~oo~ooooo b bb o bbbbbb~b~bbbbbb~ m o o ~ o ~ 8o~oo~ o P P bb b b b bbbbbbbbbbbbbbbb 0 Z~ b bb b bbbbbbbbbbbbbbb~ o o oo o o ~ b b bb b b o oooooooooooooooo 0 Z · . oo b ~ ................. - 4183- > IT1 ~o mcc~ ~0 O0 rtl Z --I IT1 C ITl r~ --I Z m "0 rn ~. ~m~~ ~ Z = 0 ~ · --_. Z > c ~ ~ Z ~ o o oo o 0 Z~ Z ooOO ~ ~ 0 ~ ~o c ~ mmZ ~ OZ 0 ~ O0 0 < g~ z 0 ~ 0 C 0 Z ~ ~ Z o m m ~0 -4184- Engineering ® Planning ~ Surveying November 4, 2003 Ms. Kandis Hanson City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound 2003 Street Improvements Partial Payment MFRA #14121 Dear Kandis: Enclosed is Valley Paving Inc.'s Payment Request No. 4 for work completed through October 31, 2003 on the subject project. The amount of this payment request is $42,854.72. We have reviewed this request, find it in order, and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact me. Sincerely, MFRA John Cameron, City Engineer JC:rth cc: Gino Businaro, Finance Director Enclosure s :h'nain:kmou 14121 \correspondence\part-pay 11-4 -4185- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-mail: mfra@mfra, corn ~°zo .o ~m ~Z 0 0 {:2 -4186- ~ ~ ~ ~ -r ~o~ 0 ~zz ......... ~. ~.. ~. ~. ~. · · ~. · ~' · · ~' ~- · ~' ' · 8~8~88 288 8o8o~88ooo~o8~oo~88o~o~8~888oo8~8~ooo888 o bbbbbbbbbbbbbbbbbobbbbbMbbbbbbbobbbbbbbb~ bbbbbb bb~ ~ ~ ou pp~ppp~ pD~P ~ ooooooooooooooooooooooo--oooo~ooo~po~PPPP ~bb ~X ~b~bbb~bbb~bb~b~bb~bb~ooooooomooooo 8888888 0088 . ~ 0080 o o o ~o --____~80000~o~ooooooooooo~oooo88~o~o8~88888 ooooooo ........... m ~~ ............. ~' ~ .... ~' ~* ' ~' ' ~ ........ 8888888 ~88 8 ~ 8888888~8~888oooSooS~ogo88o~goS~88888 ,m, ~,0 o ~m -4187- 0 ~ z ~ m c 0 ~ ~ Z C m ~ 888~88 888 ~ ' bbbbbb oox . . . ~ ~.. 8~8~88 ~88 m~ 0 0 -4188- Engineering ° Planning ° Surveying MEMORANDUM DATE: November 5, 2003 TO: Kandis Hanson, City Manager FROM: John Cameron, City Engineer SUBJECT: City of Mound Lost Lake Channel Additional Dredging MFRA #14618 Attached are two invoices for the additional dredging in the turn around area at the north end of the Lost Lake Channel. The total cost of $11,292.50 exceeded our rough estimate of $9,000 to $10,000 and is also $292.50 above the limit approved by the Council. There was more material that had to be dredged them we expected. Also, the Contractor had to move his machine to the east side of the channel in order to reach the effected areas. The additional two loads that put us over the $11,000 ceiling, we felt had to be removed. We are recommending that both invoices be paid in full. If you have any questions or need additional information, please contact us. s :h-nain :WI ou 14618:\Correspondenc eXhanson 11-5 -4189- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-mail: mfra@mfra.com FROM :MINNETONKA PORTABLE DREDGING FAX NO. :9S2-474-6712 Nov. 05 2003 10:52AM P2 Minnetonka Portable Dredging Co. 500 West Lake Street Excelsior, MN 55331 Invoice DATE INVOICE 11/$/2003 1726 BILL TO City of Mound 5341 Maywood Mound, Mn. 55364 P,O. NO. TERMS QUANTITY 12.5 2 Please remit to above address. DESCRIPTION Crane with operator and one laborer - 12~5 hrs. Mobilization each way Mound Lost Lake Project I~TE 225.00 1,000.00 Total PROJECT AMOUNT 2,812.50 2,000.00 $4,812.50 -4190- Mov OS 03 lO:S8a 3202352871 environmental associates inc. Primary Business Address 770 North HiShway 71 Suite 7 Willmar. I~inne~ota 5620i Phone 321~231 ~)46 Fa)c 320-235-287 Emall: eal~en-teLnec Invoice Invoice ~ One Invoice Date: I I/5/03 Customer ID:l~ound Bill To: Ship To: Ci~/Of ~1ound 5341 Maywood Road Hound Plinnesota 55364 IQuantity Your Order # Our Order # S~tes Rep, Desc~ item Units Cubic yards FOB Ship Viz Terms Unit Price Discount % Taxable T~ ID Tosad Haul Pluck excavation ;8.00 $6,480.00 REMITTANCE Customer ID: Date: Amount Due: A~nount Endosed: Subtotal Tax Shipping Mlscell=neou; N/A Bab~ce Due $6,480.00 Organization -4191 - CITY OF MOUND RESOLUTION NO. 03- RESOLUTION AUTHORIZING EXECUTION OF CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE NEW ALIGNMENT OF CSAH 15/110 (County Project No. 9417- Agreement No. PW 45-06-03) WHEREAS, the City of Mound is actively involved in redevelopment of a portion of its business district in the vicinity of the intersections of County State Aid Highways 15 and 110, said roads also known as Shoreline Drive, Commerce Boulevard, and Lynwood Boulevard; and WHEREAS, in conjunction with the redevelopment, Hennepin County and the City have been negotiating to bring about the complete reconstruction of CSAH 15 from approximately 600 feet wet of CSAH 110 to Cypress Lane, a portion of which is on a new alignment, along with the reconstruction of CSAH 110 from approximately 250 feet south of Lynwood Boulevard to approximately 600 feet north of Lynwood Boulevard, and replacement of the existing two intersections of CSAH 15 and CSAH 110 with a single intersection at Lynwood Boulevard; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to authorize the execution of the Construction Cooperative Agreement with Hennepin County (Agreement No. PW45-06-03 - County Project No. 9417) by the Mayor and City Manager, subject to the approval of the City Engineer and City Attorney. Adopted by the City Council this 10th day of November, 2003. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -4192- Agreement No. PW 45-06-03 County Project No. 9417 County State Aid Highway No. 15 City of Mound County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of ,20__ by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Mound, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City is actively involved in redevelopment of a portion of its business district in the vicinity of the intersections of County State Aid Highway (CSAH) Nos. 15 and 110, said roads also known as Shoreline Drive, Commerce Boulevard, and Lynwood Boulevard; and WHEREAS, in conjunction with the anticipated redevelopment the County and the City have been negotiating to bring about the complete reconstruction of CSAH 15 from approximately 600 feet west of CSAH 110 to Cypress Lane, a portion of which is on a new alignment, along with the reconstruction of CSAH 110 from approximately 250 feet south of Lynwood Boulevard to approximately 600 feet north of Lynwood Boulevard, and replacement of the existing two intersections of CSAH 15 and CSAH 110 with a single intersection at Lynwood Boulevard, all as shown on Exhibit "A" attached hereto and which by this reference is made a part hereof; and WHEREAS, the afore described roadway improvements are all to be accomplished under Hermepin County Project No. 9417, hereinafter referred to as the "Project", which improvement contemplates and includes grading, bituminous surfacing, drainage, concrete curb and gutter, watermain, sanitary sewer, retaining walls, traffic signal with emergency vehicle preemption (EVP), street lighting, landscaping, streetscaping, an at-grade rail road crossing and other related improvements; and WHEREAS, the above described Project l!es within the corporate limits of the City; and WHEREAS, the County has heretofore prepared an Engineer's Estimate of quantities and unit prices for the construction contract work of the above described Project in the amount of Four Million Six Hundred Sixty Nine Thousand Seven Hundred Fifty Five Dollars and Sixty Six Cents ($4,669,755.66). A copy of said estimate is included in Exhibit "A" which is attached hereto and by this reference made a part hereof; and -4193- Agreement No. PW 45-0{5-03 CSAH 15; C.P. 9417 WHEREAS, the construction costs for said Project shall be comprised of county state aid funds and local funds; and WHEREAS, the City has expressed willingness to participate in the construction cost of said Project and the maintenance and operating costs of the traffic signal installed as part of said Project at the aforesaid new intersection at Lynwood Boulevard; and WHEREAS, the City has performed watermain, sanitary sewer, street lighting, landscaping and drainage design work for the Project with its own forces or its agents; and WHEREAS, to ensure compatibility with the County's existing network of traffic signal systems the County will furnish the controller, control equipment and control cabinet to be installed as a part of said Project; and WHEREAS~ the County and the City recognize that it is mutually advantageous and desirable for each of them to be directly involved in the acquisition of right of way and easements necessary to construct said Project; and WHEREAS, there exists in full force and effect Agreement No. PW 04-06-02, dated October 1, 2002, between the County and City for the acquisition of the properties necessary for the right of way of said Project; and WHEREAS, Xcel Energy owns and operates an overhead electric transmission line in the vicinity of the aforedefined Project which needs to be relocated to accommodate the construction of the Project; and WHEREAS, the County and City have requested that Xcel Energy relocate its existing overhead electric transmission line throughout the Project to accommodate construction of the Project and Xcel Energy is willing to relocate its existing overhead electric transmission line to accommodate construction of the Project on a cost reimbursement basis; and WHEREAS, the County and Xcel Energy will enter into an agreement (Agreement No. PW 14- 06-03) for said relocation of Xcel Energy's existing overhead electric transmission line; and WHEREAS, in addition to the above mentioned relocation of Xcel Energy's overhead electric transmission line, the City has requested that lines and facilities for local distribution of electrical energy be relocated underground within the limits of the Project; and WHEREAS, the County and the City have also been negotiating to install landscaping and streetscape along CSAH 15 and CSAH 110 as part of the Project; and -4194- Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 WHEREAS, the City has requested that the County participate in the costs of the aforesaid utility line burial, streetscaping and landscape costs in accordance with the Counts Roadside Enhancement Partnership Program (R.EPP); and WHEREAS, the County has REPP funds available and has expressed willingness to participate in the constrUction costs of the aforesaid utility line burials, streetscape and landscaping; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: The County will advertise for bids for the work and construction of the aforesaid Proj eot, receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law provided for Counties. The contract will include the plans and specifications prepared by the County and the City, also referenced and identified as S.A.P. Nos. 27-615-16 and 145-020-11, and approved by Mn/DOT. II All design work performed by the City and its agents that is to be incorporated into the bidding documents for said Project shall be prepared and certified by a Registered Professional Engineer licensed in the State of Minnesota. All designs which affect County facilities shall conform to Mn/DOT Design Standards applicable to County State Aid Highways. All plans and specifications shall be made available to the County in a timely manner for periodic review as requested by the County. All plans and specifications must meet the approval of the County Engineer or his designated representative prior to being incorporated into the County's plans for the Project. The City shall deliver to the County all original, reproducible, certified final plan sheets and specifications to be incorporated into the County's bidding documents a minimum of six weeks prior to the bid opening date for said Project. Reproducible final plan sheets shall be direct reading, positive permanent drawings on reproducible 11 inch by 17 inch sheets. The drafting on the plan sheets shall be of such size and quality as will permit the making of readable, first class prints including clear reproduction of grid lines, symbols and legends. No adhesive backed material shall remain on any final plan sheet. Bar scales shall be used throughout the plan as necessary. The City shall retain ownership of all original plans and specifications prepared by it or its agents. Upon completion by the County of all reproductions deemed necessary for bidding and construction purposes said original plans and specifications shall be returned to the City. 3 -4195- Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 III The County will administer the contract and inspect the construction of the contract work for said Project. The City Engineer and designated representatives shall have the fight to make any inspections deemed necessary and shall cooperate with the County Engineer and the County's Transportation Department staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The City agrees that the County may make minor changes in the plans or in the character of said contracted Project construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the City that the County may enter into any change orders or supplemental agreements with the County's contractor on the Project for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the City' respective cost participation as estimated herein. The City shall have the fight to review any changes to the plans and specifications as they relate to their respective cost participations. The City Engineer shall have the right to approve any change orders or supplemental agreements prepared by the County that affect the respective City's share of the construction cost. The City further agrees that it will participate in the settlement of any claims from the County's contractor that involve project delays attributable to delays in approval by the City for plan or specification changes deemed necessary by the County Engineer or the County's Transportation Department. The amount of participation by the City in any such claims shall be commensurate with the percentage of delay directly attributable to its actions. The City shall participate in the costs of the contracted construction work for said Project as set forth in the Division of Cost Summary in said Exhibit "A". The respective proportionate shares of the pro-rata pay items included in Exhibit "A" shall remain unchanged throughout the life of this Agreement. It is understood that the estimated amount on page 1 of this Agreement and as shown in Exhibit "A" is an estimate of the costs for the Contracted construction work on said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Engineer's designated representatives shall govern in computing the total final contract construction cost for apportioning the cost of said Project according to the provisions herein. It is further understood and agreed that the final quantities as measured by the County Engineer's designated representatives for contract pay items in which the City are participating shall be subject to the review and approval by the City Engineer. -4196- Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 V In addition to the aforesaid City's proportionate share of the contracted construction costs for the Project, the City agrees to pay to the County ten (10) percent of the City's share of the contracted construction costs as its share of the engineering design costs for said Project, as set forth in Exhibit Similarly, the City also agrees to reimburse the County for the City's proportionate share of the construction engineering costs for said Project. Said City's share of construction engineering costs shall be equal to eight (8) percent of the total final amount of the City's share of contract construction costs for the Project. The amount of said City's share in the contract administration costs is estimated in Exhibit "A". It is understood that said City's proportionate share shown in Exhibit "A" is an · estimate and that the actual City's proportionate share of the contract administration costs will be computed using the total final amount of the City's share of the contract construction costs for said Project. VI After an award by the County to the successful bidder on the Project, the County shall invoice the City for ninety five (95) percent of the estimated City share in the contract construction and engineering costs for the Project. Payments shall be made to the County, in the name of the Hennepin County Treasurer, by the City for the full amount due stated on the invoices within forty five (45) days of the invoice date. Said estimated City share shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. In the event the County Engineer or the County's staff determines the need to amend the construction contract with a supplemental agreement or change order which results in an increase in the contract amount for the Project, the City hereby agrees to remit within forty five (45) days of notification by the County of said change an amount equal to ninety five (95) percent of the estimated City share as documented in the supplemental agreement or change order. The remainder of the City's respective share in the engineering and contract construction costs of the Project, including additional costs resulting from supplemental agreements and change orders, will be due the County upon the completion of the Project and submittal of the County Engineer's final estimate for the Project to the City. Upon final payment to the Project contractor by the County, any amount remaining as a balance in the deposit account will be returned to the City on a proportionate basis based on the City's initial deposit amount and the City's final proportionate share of the Project costs. Likewise, any amount due the County from the City upon final payment by the County shall be paid by the City as its final payment for the construction and engineering costs of said Road Project within forty five (45) days of receipt of an invoice from the County. -5- NN/L -41 [17- Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 VII It is understood by the parties hereto that the County and City will each be responsible for the acquisition of fight of way for the Project as the per terms and conditions of the above mentioned Agreement No. PW 04-06-02 between the County and the City. It is further understood and agreed that the City shall grant fight of way to the County those lands owned by the City that are part of the required right of way for said Project. VIII It is understood by the County and the City that, as proposed herein, the maligned CSAH 15 will cross an existing railway corridor which was recently acquired by the Hennepin County Kegional Rail Authority (I-ICRRA) in collaboration with MeLeod and Carver County Regional Rail Authorities and the State of Minnesota. Under the federal process by which HCRKA acquired the railway corridor HCRRA's first obligation is to restore freight rail service on the line, HCRRA is obligated to keep.the existing rail line intact for freight service through December 28, 2003 at which time if rail service is not economically feasible, it may seek to abandon the rail line from freight rail service. Until the line is abandoned from freight rail service, HCRRA may not sever the line nor in any way impair the passage of freight traffic on the railway corridor. The preferred profile grade for the proposed realignment of CSAH 15 at the point where it crosses the existing trackage is approximately four feet lower than the current rail line elevation. As a result of the aforereferenced obligation to keep the existing rail line intact, the County and the City both understand that the realigned CSAH 15 roadway will need to be constructed with an at-grade railroad crossing approximately four feet lower than the current rail line elevation. The aforesaid lowered raikoad crossing and associated costs are indicated in Exhibit "A" hereof. The County, through its Roadside Enhancement Partnership Program (REPP), will participate in a proportionate share of the construction costs to install roadway beautification and transit facilities along CSAH 15 and CSAH 110, and the burial of utilities within the limits of the Project by Xcel Energy. As set f6rth in the County's Cost Participation Policy the County's proportionate share of the construction costs for roadway beautification shall be thirty three (33) percent, and shall not exceed the amount of $140,000.00 (based on a maximum County contribution of $200,000.00 per centerline mile). Included in Exhibit "A" is the estimated amount of $131,039.70 which represents the County's proportionate share of the roadway beautification to be constructed as a part of this Project. It is hereby understood that the actual amount of the County's participation shall be determined using the actual -4198- Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 Contract unit prices for the eligible pay items and the actual quantities of work completed on the ?roject, subject to the aforesaid tat d percentase and maximum participation mount. Similarly, as set forth in the County's Cost Participation Policy the County's proportionate share of the construction costs for transit facilities shall be fifty (50) percent. Included in Exhibit "A" is the estimated mount of $9,100.00 which represents the County's proportionate share of the transit facilities to be constructed as a part of this Project. It is hereby understood that the actual mount of the County's participation shall be determined using the actual Contract unit prices for the eligible pay items and the actual quantities of work completed on the Project, subject to the aforesaid stated percentage. It is understood that lines and facilities for local distribution of electrical energy will be relocated underground within the limits of the Project by Xcel Energy under a separate contract with the City. The County, through REPP, will participate in a proportionate share of the costs to underground said lines and facilities for local distribution of electrical energy. As set forth in the County's Cost Participation Policy the County's proportionate share of the construction costs eligible for this funding source shall be fifty (50) percent, and shall not exceed the amount of $210,000.00 (based on a maximum County contribution of $300,000.00 per centerline mile). Included in Exhibit. "A" is the estimated amount of $150,000.00 which represents the County's proportionate share of the costs to underground Xcel Energy's facilities. X The County will give the City a credit associated with street lighting on this Project. The street lighting that presently exists on CSAH 15 and CSAH 110-throughout the limits of this Project needs to be relocated to fit the new roadway design. The City has decided however, to replace the existing street lighting units with new ones that better complement the streetscaping elements incorporated into the Project, rather than have the existing units relocated. The installation of said new street lighting units will be completed as a part of the construction contract administered by the County. The Project also includes salvaging of existing street lighting units, which will be delivered to the City. Under the County's Cost Participation Policy all costs to relocate existing street lighting in conjunction with the reconstruction of a roadway are the responsibility of the County. Therefore, all costs to salvage and deliver the existing street light standards shall be paid 100% by the County. Since the Project does not include the reinstallation of these same light standards, the County hereby agrees to give a credit to the City in an amount representative of the reasonable cost that would be the County's responsibility if the salvaged light standard were to be reinstalled as part of said Project. It is hereby understood and agreed that the aforesaid credit to the City for street lighting shall be $25,200.00. It is further understood that said credit amount is based on the reasonable estimated unit price of $1,200,00/each to reinstall each of the twenty one lighting standards to be removed as a part of the Project. It is further understood and agreed that said credit amount is the total and final amount of credit that the City will receive from the County in association with street lighting for this Project. -7- -4199- Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 At the request of the. City the median islands to be constructed on CSAH 15 and CSAH 110 as part of the Project include streetscaping elements of concrete pavers and vegetation in locations where the County would otherwise normally construct concrete surfacing at its sole cost. As set forth in Exhibit "A" of this Agreement, the City shall be responsible for the construction costs in the Project for the streetscaping elements within the medians on CSAH 15 and CSAH 110. The County hereby agrees to credit the City's total share of the construction costs for the Project in an amount equal to that which the County would normally pay for the construction of concrete surfacing in the CSAH 15 and CSAH 110 medians. Said credit shall be determined by multiplying the unit price per square foot for the pay item "4 inch Concrete Walk", as established in the actual construction contract for the Project, by the quantity of 10,071 square feet. It is understood that said quantity of 10,071 square feet is hereby established as the total area within the medians on CSAH 15 where the County would normally construct concrete surfacing and that said quantity shall remain unchanged and shall be used to compute the actual amount of credit to the City. The afore set forth credit is shown in Exhibit "A" at the estimated amount of $50,335.00, which is based on an estimated unit price of $5.00 per square foot for the 4" Concrete Walk pay item. The actual amount of credit shall be determined using the actual construction contract unit price for the "4 inch Concrete Walk" pay item multiplied by 10,071 square feet. XII The County will participate in the replacement of trees removed necessary for the construction of the Project to the extent of State Aid participation. As set forth in the County's Cost Participation Policy, the' County's participation shall be a two to one replacement on trees and shall be limited to one (1) percent of the total construction costs for the Project. The County's participation in tree replacement is estimated to be $46,697.56 and shall be a credit toward the City's total share of the construction costs for the Project as set forth in Exhibit "A". It is further understood that the actual amount of the County's participation shall be determined using the actual contract unit prices for the eligible pay items and the actual quantities of work completed on the Project, subject to the aforesaid stated limits. XIII It is understood by the parties hereto that the County will pay directly to Xcel Energy the costs associated with the relocation of Xcel Energy's existing overhead electric transmission line as defined in the aforerefernced Agreement No. PW 14-06-03 between the County and Xcel Energy. It is further understood that the City previously paid Xcel Energy $18,240.00 to induce Xcel Energy to undertake engineering analyses as needed to enable Xcel Energy to estimate the cost of -8- -4200- Agreement No. pW 45-0/;-03 CSAH 15; C.P. 9417 relocating its existing facilities from the proposed right of way of the Project. The County is willing to apply the City's previous paymont to Xcel Energy in the amount of $18,240.00 as a credit against the City's total share of the construction costs for the Project. XIV It is the City's desire that the new CSAH 15 roadway be constructed so that the right of way along the southwesterly side of CSAH 15 minimizes the impacts to the lands available for redevelopment by the City. The County has estimated that the difference in property required for right of way between the alignment preferred by the County and the aforesaid City preferred alignment is 0.24 acres (10,454.4 square feet). Based on recent appraisals and acquisitions of properties in the immediate vicinity of the Project it is hereby agreed that the value of the aforereferenced 10,454.4 square feet of land is $6.00 per square foot, for a total of $62,726.40. Therefore, in consideration for constructing proposed CSAH 15 on the City preferred aligmuent, the City hereby agrees to pay the County the amount of Sixty Two Thousand Seven Hundred Twenty Six Dollars and Forty Cents ($62,726.40). The City hereby understands and agrees that the aforesaid City participation amount has been determined based on the estimated value of the differential amount of right of way needed for the Project and the additional right of way needed for the City preferred alignment. The City hereby recognizes that the County has purchased some of the right of way parcels required for the Project and has razed some of the buildings on these parcels with the County's own forces. It is understood that said work has been performed by the County in accordance with the City approved layout for the proposed Project and the aforereferenced Agreement No. PW 04-06-02 between the County and the City for right of way acquisition. It is further understood that all costs incurred by the County in the demolition of buildings as required for the Project, including but not limited to actual demolition costs, survey and abatement costs for asbestos and hazardous building materials, underground tank removal costs, and disposal costs, shall be considered right of way acquisition costs as defined in the aforerefemced Agreement No. PW 04-06-02 and therefore shall be shared equally by the County and the City. The City agrees to reimburse the County fifty (50) percent of all such costs that the County has akeady incurred, as well as future costs that the County will incur in the completion of the building demolition work as required to complete the construction of the Project. The building demolition and associated costs are indicated in Exhibit "A" hereof. The County, at its sole cost and expense, has conducted a Phase 1 Environmental Site Assessment (ESA) on the Project. As a result of the findings of said environmental site assessment the -9- -4201 - Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 County also conducted a Phase II Environmental Study (ES) on selected parcels within the limits of the Project and will be preparing a Construction Contingency Plan to ensure proper handling and disposal of impacted soils that may be encountered during construction of the Project. In addition, it is understood that Phase II ESs may still be required on parcels within the Project limits. It is agreed by the City that it will reimburse the County fifty (50) percent of all costs incurred by the County for said completed Phase II ESs. In the event another Phase II Environmental Study is required on any parcel, it is hereby understood and agreed that the City shall reimburse the County for fifty (50) percent of all costs incurred by the County for the completion of said future Phase II ES. In the event a Phase II ES is required on any parcel it is hereby understood and agreed that the County will assume the responsibility to have the Phase II ES completed. If any such Phase II ES identifies contamination within the new fight of way for the Project that must be abated, the County will hire consultants and contractors as necessary to perform the necessary abatement of the roadway right of way and obtain approval of the Minnesota Pollution Control Agency. Any such abatement required may be accomplished under a separate project or may be included in the Project. The County will investigate and exhaust all available options for payment of costs incurred related to the aforereferenced Construction Contingency Plan and any required Phase II ES. This includes, but is not limited to, responsible parties and governmental agencies. The City hereby agrees to reimburse the County fifty (50) pement of all costs incurred by the County'for the completion of the aforereferenced environmental work performed on parcels associated with this Project for which the County does not receive reimbursement from other sources. The estimated costs to complete the aforesaid environmental work are identified in Exhibit "A" hereto. XVII All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged. The City shall pay the respective amount due as stated on the statement received, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse the City the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (1) percent per month on the disputed amount. All payments to the City must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged. The County shalipay the respective amount due as stated on the statement received, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the County, the City shall reimburse the County the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the City. Daily interest shall be at the rate of one (1) percent per month on the disputed amount. · -4202- Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 XVIII The County Engineer's designated representative will prepare weekly progress reports of the construction activities of said Project as provided in the specifications. A copy of these reports will be furnished to the City upon request. All records kept by the City and the County with respect to the Project defined and referenced herein shall be subject to examination by the representatives of each party hereto. The County reserves the fight not to issue any permits for a period of five (5) years after completion of the Project for any service cuts in the roadway surfacing of the County roadways included in said Proj eot for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. It is agreed that the City shall, at their own expense, remove and replace all City owned signs that are within the construction limits of said Project. Removal and replacement operations shall be coordinated with the construction activities through the County's Project Engineer. XXII As part of the Project, the County shall have the "No-Parking" signs installed as represented in the plans and the City, at their expense, shall provide the enforcement for the prohibition of on-street parking on those portions of County State Aid Highway No. 15 and County State Aid Highway No. 110 constructed under this Project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the Hermepin County Board of Commissioners permitting said modification. XXIII The City agrees that any municipal license required to perform electrical work within their respective boundaries shall be issued to the County or the County's contractor for the Project at no cost. Electrical inspection fees shall not be more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. - 11- -4203- Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 The City shall install, cause the installation of, or perpetuate the .existence of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic control signal and integral street lights included in the Road Project at the sole cost and expense of the City. Further, the City shall provide the electrical energy for the operation of the said traffic control signal and integral streetlights at its sole cost and expense. The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal, however, nothing herein shall prohibit prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal may be directly involved in an emergency. Upon completion of this Project, the County shall thereafter maintain and repair said traffic control signal system installed as a part of said Project, all at the sole cost and expense of the County. Said maintenance shall include all EVP components. Further, the County, at its expense, shall maintain 110 volt power to the line side of the fuse in the base of the signal poles for the integral street lights. The City, at its expense, shall maintain the fuse, the luminaire and the wire to the load side of the fuse in the base of the signal poles. The EVP Systems provided for herein shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City shall each provide the County Engineer or a designated representative a list of all such municipal vehicles with emitter units. 2. Malfunctions of EVP Systems shall be reported to the County immediately. In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by either of the City of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, indicator lamps and all other components shall become the property of the County. 4. All timing of said EVP Systems shall be determined by the county. -12- .x/VL -4204- Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 XX~I The City has requested that the mast arms and luminaries of the traffic control signal proposed herein be painted using custom colors. Therefore, notwithstanding the maintenance responsibilities of the City as specified in Article XXVI of this Agreement, it is understood and agreed that upon completion of the improvements contemplated herein, the City shall be responsible for painting maintenance of the custom colored items (mast arms and luminaries) and will be required to repaint those custom colored items to standard colors, should the City decide to discontinue this maintenance and custom color application. It is understood that the County will maintain the standard colored items of said traffic control signal, however the City will continue to be responsible for maintenance of the custom colors. It is further understood that in the event of a knockdown or damage to the traffic control signal proposed herein, the County will repair with standard colored materials and the City will then be responsible to paint the repaired custom colored components of said traffic control signal. XXVIII Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other parties and the results thereof. The County's and each City' liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XXIX It is understood and agreed that upon completion of any and all improvements proposed herein, all water distribution system components, Sanitary sewer systems, streetscape installations, landscaping and all municipal street construction included in said Project which are not otherwise separately identified and addressed herein shall be the property of the City and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the City at no expense to the County. Upon completion of the Project all bituminous trails and concrete walks, excepting concrete median surfacing, constructed as a part of the Project shall be the property of the City and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the City at no expense to the County. It is hereby understood that the County requires an operational clear zone behind the face of curb for storage of snow removed from County roadways. The City hereby agree that the City shall be responsible for the removal of any snow that may be placed on its sidewalks and/or pedestrian/bicycle trails within the operational clear zone, as a result of the County's snow removal operations on CSAH 15 -13- V'd~ -4205- Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 and CSAH 110 within the limits of said Project. This paragraph is not intended to confer a benefit upon any third party and the decision to remove snow l~om sidewalks and/or paths shall be made by the City in its sole discretion pursuant to its respective policies on removal of snow and ice from its respective sidewalks and/or pedestrian/bicycle paths and trails. Upon completion of the Project the County shall, at its own cost and expense, retain ownership and maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning as catch basins and associated lead pipes that are within or between the outermost curblines of CSAH 15 and CSAH 110 as well as those within the radius return limits of intersecting municipal streets. All other components of the roadway storm sewer drainage system constructed as a part of the Project including but not limited to all tnmk lines and all existing or proposed drainage ponds, regardless of their location within County fight of way, shall become the property of the City which it lies and all maintenance, restoration or repair required thereafter shall be performed by the City at the City's sole cost. All questions of maintenance responsibilities that may arise shall be jointly resolved by the City Engineer and the County's Operations Division Engineer. Upon completion of the Project the County, at its sole cost and expense, will perform all routine maintenance on the retaining walls constructed as a part of the Project. In the event, at any time in the future, that the retaining walls constructed as a part of said Project are rehabilitated and/or replaced the City agrees to participate in fifty (50) percent of the costs ofrehabilitati0n and/or replacement for the walls. XXXIII The City shall be responsible, as its sole cost and expense, to provide all maintenance, restoration, repair, and replacement which may be required on all street lighting installed and/or relocated as a part of the Project. Furthermore, the City shall, at its sole cost and expense, provide the electrical energy for the operation of all the street lights installed and/or relocated as a part of said Project. XXXI¥ The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence, - ~4 - -4206- Agreement No. PW 45-0(5-03 CSAI-I 15; C.P. 9417 restoration, repair or replacement of the afore defined City owned improvements constructed as pm't of said Project. The City's liability shall be governed by the provisions o.fMinnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify, and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attomeys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts anct/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined County owned improvements constructed as part of said Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties:as a consequence of any act or omission on the part of said employees while so engaged On any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in nO way be the obligation or responsibility of the City. In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or a designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City Engineer or a designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. -4207- Agreement No. PW 45-06-03 CSAH 15; C.P. 9417 XXXVII Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XXXVIII The whereas clauses are incorporated herein and are hereby made a part of this Agreement. XXXIX The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil fights and discrimination and the Affirmative Action Policy statement of Hermepin County shall be considered a part of this Agreement as though fully set forth herein. (this space left intentionally blank) -4208- Agreement No. ?W 45-06-03 CSAH 15; C.P. 9417 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. (Seal) CITY OF MOUND By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: Deputy/Clerk of the County Board By: Chair of its County Board Date: Date: APPROVED AS TO FORM: Assistant/Deputy/County Administrator Date: Assistant County Administrator, Public Works and County Engineer Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: Assistant County Attorney By:. Director, Transportation Department Date: Date: -17- -4209- LAST REVtSlON: 11/03/03 CONTRACT CONSTRUCTION fl) CSAH 15 ROADWAY (2) R/W WALLS (3) BOULDER WALLS (4) LANDSCAPING (5) LIGN'nNG (6) WATERMAIN & SANITARY (7) RAILROAD (8) BUILDING REMOVALS (9) STORM SEWER SUBTOTALS (10) I~NGINEERING DESIGN (~ 10% (11) CONSTRUCTION ~ 8% (12) CREDITS MEDIANS LIGHTING XCEL PRELIMINARY DESIGN FEE SA I% PARTIC. FOR TREE REPLACEMENT (13) REPP UTILITY UNDERGROUND (14) TRANSIT FACILITIES (15) ROADWAY BEAUTIFICATION (16) COUNTY SUPPLIED SIGNAL EQUIPMENT (~ CSAH 110 RIGHT OF WAY PRE-DEMOLITION SURVEY DEBRIS REMOVAL BUILDING REMOVALS BY COUNTY ALIGNMENT SHIFT SELECTION XCEL AGREEMENT PHASE I ESA pHASE II ES CONSTRUCTION CONTINGENCY PLAN RAILROAD FEASABILITY REPORT GMI~ S01~-S REPORTS TOTAL DIVISION OF COST SUMMARY HENNEPIN COUNTY PROJECT NO. 9417 SAP 27-615-16; MSAP 145-020-11 CSAH 15 (SHORELINE DRIVE) FROM WEST OF C.S.A.H. 110 TO CYPRESS LANE TOTAL ESTIMATED COST HENNEPIN COUNTY MOUND $1,753,149.27 $1,507,964.02 $245,185.251 $897,909.64 $448,954.82 $448,954.82 $69,265.00 $69,265.00 $772,925.25 $109,595.00 $663,330.25 $336,231.00 $336,231.00: $208,115.00 $6,322.40 $201,792.60 $'198,927.00 $198,927.00 $42,000.00 $21,000.00 $21,000.00 $391,233.50 $120,682.34 $270,551.16 $4,669,755.66 $2,413,445.58 $2,256,310.08 $98,559.12 $98,569.12 $180,504.81 $I 60,604.81 $50,355.00 ($50,355.00) $25,200.00: ($25,200.00) $18,240.00 ($18,240.00) $46,697.56 ($46,697.56) $300,000.00 $150,000.00 $150,000.00 $9,100.00 ($9,100.00 $131,039.70 ($131,039.70) $15,oo0.o0 $15,000.00 $3,899.50 $1,949.75 $1,949.75 $2,592.00 $1,296.00 $1,296.00 $11,048.93 $5,524.47 $5,524.47 ($62,726.40) $62,726.40 $362,500.00 $362,500.00 $5,752.13 $5,752.13 $26,571.07 $13,285.64 $13,285.54 $1,657.00 $828.50 $828.50 $18,126.99 $18,126.99 $8,890.00 $8,890.00[ $5,704,867.21 $3,214,604.81 $2,490,362.40 DA0~ $_9417~axcel~9417DIVCOST3.xls -4210- Hennepin County Agreement No. PW 45-06-03 Exhibit "A"; Sheet 1 of Il \ A/L FooTNOTES (1) ~FF ~HF, ETS ~ THRU § OF EXHIBIT "A" FOR DETAILED ENGINE. ER'S ESTII~ATE. (2)iNCLUDES COLUMNS ENTITLED "HENNEPIN COUNTY S.A.P. 27-615.16", "MOUND M.S.A.P. 145-020-1 1" AND "MOUND NON-PARTICIIPATING". (3) WALLS ON ROADWAY SIDE OF PONDS, (4) WALLS ON BACK SIDE OF PONDS (5) COUNTY PORTION IS SIDEWALK AND PED RAMPS (6) CITY DESIGNED LIGHTING (7) CITY DESIGNED UTILITIES (8) LOWERING OF HCRRA RAIL LINE (9) DOES NOT INCLUDE BUILDING PREVIOUSLY REMOVED BY COUNTY FORCES (10) MOUND'S SUBTOTAL INCLUDES PARTICIPATING ($1,896,853.06) AND NON-PARTICIPATING ($359,457.02) (11) DOES NOT INCLUDE COSTS FOR MOUND DESIGNED ITEMS (12) INCLUDES ALL MOUND ITEMS (13) PARTICIPATION LIMITED TO 1% OF THE TOTAL COST OF THE CONSTRUCTION PROJECT AND LIMITED TO 2:1 REPLACEMENT FOR TREES. AMOUNT BASED ON ENGINEERS ESTIMATE AND SUBJECT TO ACTUAL FIELD QUANTITIES AND BID PRICES. (14) PARTICIPATION LIMITED TO 50% OF AMOUNT BASED ON XCEL ESTIMATE AND SUBJECT TO ACTUAL COSTS. MAXIMUM CONTRIBUTION OF $300,000 PER CENTERLINE MILE. PROJECT LENGTH IS 0.7 MILES. MOUND IS LEAD AGENCY. (15) PARTICIPATION LIMITED TO 50% OF AMOUNT BASED ON ENGINEERS ESTIMATE AND SUBJECT TO ACTUAL FIELD QUANTITIES AND BID PRICES. (16) PARTICIPATION LIMITED TO 33% OF AMOUNT BASED ON ENGINEERS ESTIMATE AND SUBJECT TO ACTUAL FIELD QUANTITIES AND BID PRICES. MAXIMUM CONTRIBUTION OF $200,000 PER CENTERLINE MILE. PROJECT LENGTH IS 0.7 MILES. -4211 - Hennepin County Agreement No. PW 45-06-03 Exhibit "A"; Sheet 2 of "ANN Il jo £ l**qs :,,V,, l!q!qxzd t~0-90-!;1~ Aid 'ON lu*ta**~V/hunoom. dotra,H [0-90-5~ A~d 'ON ~uamoaa~¥ XlunoDm. douuoH -4213 IIIII £0-90-~ Akd 'ON ~uoua~oa~¥ ~unoom. dotruoH -4214- ]1111 "~A/X ~ jo 9 looqs '-,,V. l!q!qxEt ~0'90'$~ ~d 'ON ;u°tu°oa~V LIuno~ m, douuoH 4215- Itllt '"X/SA 8 jo £ lo,qS :.V,, ~!q!qx~ £0-90-~;1~/~d 'ON la~tu,o.~V XlunoD u!douuoH -4216- IIIIII ~0-90-5P ~d 'ON ~uomoo~V ~unoo m. dO~OH , -4217- ,,, ,, CITY OF MOUND RESOLUTION NO. 03- RESOLUTION ORDERING PREPARATION OF REPORT ON 2004 STREET RECONSTRUCTION PROJECT WHEREAS, it is proposed to improve the streets shown in Exhibit A, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota: That the proposed improvement be referred to McCombs Frank Roos Associates, Inc. for study and that they are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvements as recommended. Adopted by the City Council this 10th day of November, 2003. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -4218- ,~341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Re: Honorable Mayor and City Council Sarah Smith, Comm. Dev. Director November 5, 2003 City Code Amendments - Adult Establishments Background. In November, 2002, the City Council adopted a one-year moratorium for the purpose of undertaking a study associated with the preparation of a new ordinance to regulate adult use activities in the City of Mound. Over the course of the past 2-3 months, the Planning Commission, in cooperation with Staff, has undertaken a study of this issue and has prepared a number of proposed amendments to City Code Section 350 (Zoning Ordinance), including a new Section 350:1400- Adult Establishments. In general, adult establishments will be allowed in the B-1 Central Business District, Pedestrian PUD District and I-1 Industrial District subject to the following Iocational criteria: · 200 feet from exclusion properties (residential, public, school, church, parks, day care) · 200 feet from another adult use A graphic which illustrates how the Iocational criteria affects the location of adult use businesses in the City of Mound based on the (200) foot buffer has been included. Planning Commission Review. City Code Section 350:520 requires that any proposed text amendment which is not initiated by the Planning Commission must be referred to the Planning Commission for review and must not be acted upon until it has received the Planning Commission's recommendation. At its November 3, 3002 meeting, the Planning Commission formally reviewed the proposed ordinance amendments. Based on its review, the Planning Commission voted 6 to 1 to recommend approval of the ordinance amendments subject to the removal of the respective fees and inclusion of a statement to reference that the fees are to be determined by the City Council. A copy of the minute excerpts from the November 3, 2003 Planning Commission meeting have been included. City Council Public Hearing. As required by the City Code Chaper 350:520, Subd. 2 (D) the public hearing for review of the ordinance amendments by the City Council will be held on Tuesday, November 25, 2003 following publication of the official notice of public hearing in the Laker on November 15, 2003. -4219- Staff Comment. No action is requested at the November 10, 2003 meeting. However, it is respectfully requested that members of the City Council review the attached ordinance amendments in advance of the scheduled public hearing and contact Staff with any issues or concerns so that we can try to address them prior to the formal review of the amendments on November 25, 2003. · Page 2 -4220- PUBLIC HEARING NOTICE CiTY OF MOUND MOUND, MINNESOTA NOTICE OF A PUBLIC HEARING TO CONSIDER ZONING ORDINANCE AMENDMENTS INCLUDING ADDING A NEW SECTION 350:1400 (ADULT ESTABLISHMENTS), AMENDING 350:670 (LAND USE TABLES), AMENDING SECTION 350:652 (PEDESTRIAN DISTRICT REGULATIONS) AND AMENDING SECTION 350:310 (DEFINITIONS) NOTICE IS HEREBY GIVEN that the City Council of the City of Mound, Minnesota will meet in the Council Chambers, 5341 Maywood Road, Mound, Minnesota, at 7:30 p.m. on Tuesday, November 25, 2003 to consider the following amendments to the City of Mound Zoning Code as follows: Amendment- City Code Section 350:1400 (Adult Establishments): Summary. Amendment to the Zoning Code to add a new Section 350:1400 to regulate adult establishments within the City of Mound. Section 350:670 (Business and Industrial Districts) Uses and Section 350:652 (Pedestrian District Uses): Summary: Amendments to Zoning Code Sections 350:670 and 350:652 to add "Adult Establishments" as a "Permitted Use" in the B-l, Pedestrian and I-1 Districts subject to the criteria as set forth in City Code Section 350:1400. Amendments to Zoning Code Section 350:670 to include "Adult Establishments" as a "Non Allowed Use" in the B-2 and B-3 Business Districts. Section 350:310 Definitions: Summary: Amendment to Zoning Code to add a definition for day care facility (child) as follows: Day Care Facility, Child. A facility that provides non-medical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes commercial and home based day care. Copies of the ordinance amendments are available to the public upon request at City Hall. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. By: Jill Norlander, Planning and Inspections Secretary Published in the Laker on November 15, 2003. Posted: -4221 - -4222- o CITY OF MOUND ORDINANCE NO. AN ORDINANCE TO AMEND SECTION 350 OF THE CITY CODE PROVIDING FOR THE REGULATION OF ADULT ESTABLISHMENTS IN THE CITY OF MOUNDi THE CITY OF MOUND DOES ORDAIN: That a new subsection 350.1400 be added as follows: ADULT ESTABLISHMENTS SECTION 350:1400. PURPOSE AND INTENT. Subd. 1. Findings of the City Council. Studies conducted by the Minnesota Attorney General, the American Planning Association and cities such as St. Paul, Minneapolis and Rochester, Minnesota; Indianapolis, Indiana; Phoenix, Arizona; Los Angeles, California; Seattle, Washington; St. Croix County, Wisconsin, have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have an adverse impact on the surrounding neighborhoods. Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. The City Council of the City of Mound makes the following findings regarding the need to regulate adult establishments. The findings are based upon the experiences of other cities where such businesses have located, as studied by City staff. Based on these studies and findings, the city council concludes: A. Adult establishments have adverse secondary impacts of the types set forth above. B. The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by locational requirements, licensing requirements and health requirements. C. It is not the intent of the city council to prohibit adult establishments from having a reasonable opportunity to locate in the city. D. Minnesota Statutes, Section 462.357, allows the city to adopt regulations to promote the public health, safety, morals and general welfare. E. The public health, safety, morals and general welfare will be promoted by the City adopting regulations governing adult establishments. F. Adult establishments can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime-prevention programs and law enforcement services. MDT-238946vl MU200-117 1 -4223- G. Adult establishments can be used as fronts for prostitution and other criminal activity. The experience of other cities indicates that the proper management and operation of such businesses can, however, minimize this risk, provided the owners and operators of such facilities are regulated by licensing or other procedures. : H. Adult establishments can increase the _risk. of exposure to communicable diseases including but not limited to Acquired Immune Deficiency Syndrome (AIDS) for which currently there is no cure. Experiences of other cities indicate that such businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, thereby endangering not only the patrons of such establishments but also the general public. I. Adult establishments can cause or contribute to public health problems by the presence of live adult entertainment in conjunction with food and/or drink on the same premises. J. The risk of criminal activity and/or public health problems can be minimized through a licensing and regulatory scheme as prescribed herein. Subd. 2. Purpose. It is the purpose of this Ordinance to regulate Adult Establishments to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to: A. Prevent additional criminal activity within the City, B. Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the. neighborhood; C. To locate Adult Establishments away from residential areas, schools, churches, libraries, parks, and playgrounds; D. Prevent concentration of Adult Establishments within certain areas of the City. Subd. 3. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent nor effect of this Ordinance to restrict or deny access by adults to adult oriented materials protected by the First Amendment or to deny access by distributors and exhibitors of adult oriented entertainment to their intended market. SECTION 350:1405. DEFINITIONS. For purposes of this Ordinance the terms defined in this section have the meanings given them. Subd. 1. "Adult Establishment" means: MDT-238946vl MU200-117 A. Any business that devotes a substantial or significant portion of its inventory, stock in trade, or publicly displayed merchandise, or devotes a substantial or significant portion of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to, or derives a substantial or significant portion of its gross revenues from, items, -4224- merchandise, devices or other materials distinguished or characterized by an emphasis on material depicting, exposing, simulating, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas; or B. Any business that engages in any Adult Use as defined in Subdivision 2 of this subsection. Subd. 2. "Adult Use." Any of the activities and businesses described below: A. "Adult Body Painting Studio" means an establishment or business that provides the service of applying paint, ink, or other substance, whether transparent or non-transparent, to the body of a patron when the person is nude. B. "Adult Bookstore" means an establishment or business used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, movies, DVDs or motion picture film if a substantial or significant portion of its inventory, stock in trade, or publicly displayed merchandise consists of, or if a substantial or significant portion of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) is devoted to, or if substantial or significant portion of its gross revenues is derived from items, merchandise, devices or materials that are distinguished or characterized by an emphasis on material depicting, exposing, simulating, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. C. "Adult Cabaret" means a business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on: (1) the depiction of nudity, Specified Sexual Activities or Specified Anatomical Areas; or (2) the presentation, display, or depiction of matter that seeks to evoke, arouse, or excite sexual or erotic feelings or desire. D. "Adult Companionship Establishment" means a business or establishment that provides the service of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. E. "Adult Conversation/Rap Parlor" means a business or establishment that provides the services of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. F. "Adult Health/Sport Club" means a health/sport club that is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. G. "Adult Hotel or Motel" means a hotel or motel that presents material distinguished or characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. H. "Adult Massage Parlor/Health Club" means a massage parlor or health club that provides massage services distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. MDT-238946vl MU200-117 I. "Adult Mini-Motion Picture Theater" means a business or establishment with a capacity of less than 50 persons that as a prevailing practice presents on-premises viewing of movies, motion 3 -4225- pictures, or other material distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. J. "Adult Modeling Studio" means a business or establishment that provides live models who, with the intent of providing sexual stimulation or sexual gratification, engage in Specified Sexual Activities oI display Specified Anatoinical Areas while being observed, painted, painted upon, sketched, drawn, sculptured, PhOtographed, or otherwise depicted. K. "Adult Motion Picture Arcade" means any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image-producing devices are used to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing Specified Sexual Activities or Specified Anatomical Areas. L. "Adult Motion Picture Theater" means a motion picture theater with a capacity of 50 or more persons that as a prevailing practice presents material distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas for observation by patrons. M. "Adult Novelty Business" means an establishment or business that devotes a substantial or significant portion of its inventory, stock in trade, or publicly displayed merchandise or devotes a substantial or significant portion of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to, or derives a substantial or significant portion of its gross revenues from items, merchandise, or devices that are distinguished or characterized by an emphasis of material depicting or describing Specified Sexual Activities or Specified Anatomical Areas, or items, merchandise or devices that simulate Specified Sexual Activities or Specified Anatomical Areas, or are designed for sexual stimulation. N. "Adult Sauna" means a sauna that excludes minors by reason of age, and that provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, if the service provided by the sauna is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. O. "Adult Steam Room/Bathhouse Facility" means a building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, if the building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. Subd. 3. "Nude" or "Specified Anatomical Areas" means: A. Less than completely and opaquely covered human genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areola; and B. Human male genitals in a discernibly turgid State, even if completely and opaquely covered. Subd. 4. "Specified Sexual Activities" means: MDT-238946vl MU200-117 -4226- Subd. A. Actual or simulated: sexual intercourse; oral copulation; anal intercourse; oral-anal copulation; bestiality; direct physical stimulation of unclothed genkals; flagellation or torture in the context of a sexual relationship; the use of excretory functions in the context of a sexual relationship; anilingus; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pedophilia; piquerism; or zooerastia; B. Glearl-y~depicted-hurnan genitat-sq~he smte-of-sexuat-stimrrlation,-arousal,~vr~umescenc~;- C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; D. Fondling or touching of nude human genitals, pubic regions, buttocks, or female breasts; E. Situations involving a person or persons, any of whom are nude, who are clad in undergarments or in sexually revealing costumes and engaged in the flagellation, torture, fettering, binding, or other physical restraint of any person; F. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or G. Human excretion, urination, menstruation, or vaginal or anal irrigation. 5. "Substantial or Significant Portion" means: 25% or more. SECTION 350:1410. APPLICATION OF THIS ORDINANCE. Subd. 1. Except as this Ordinance specifically provides, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose nor in any manner which is not in conformity with this Ordinance. Subd. 2. No Adult Establishment shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Mound, the laws of the State of Minnesota, or the United States of America. Nothing in this Ordinance shall be construed as authorizing or permitting conduct that is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors. SECTION 350:1415. LOCATION. Subd. 1. Permitted Use. Adult Establishments are permitted uses in the B-1 Central Business District, the PED Pedestrian Planned Unit Development District and the I-1 Light Industrial District. Subd. 2. Restrictions. A. An adult establishment must be located at least two hundred (200) radial feet, as measured in a straight line from the closest point of the proposed adult establishment structure to the property line MDT-238946vl 5 MU200-117 -4227- of any: residential property; school; church or place of worship; city-owned facility; park or recreational property; child daycare facility; adult establishment. B. If the proposed adult establishment is located in a multi-tenant building, the measurement described in paragraph (a) shall be taken from the nearest point of the portion of the building where the ~adult-establis-hment-is-tocated:- C. An applicant for an adult establishment license must demonstrate to the City that the location requirements in this subsection have been met. SECTION 350:1420. HOURS OF OPERATION. No Adult Establishment shall be open to the public from the hours of 10:00 p.m. to 10:00 a.m. weekdays and Saturdays, nor at any time on Sundays or national holidays. SECTION 350:1425. OPERATION. Subd. 1. Off-site Viewing. Any business operating as an Adult Establishment shall prevent off-site viewing of its merchandise, which if viewed by a minor, would be in violation of Minnesota Statutes Chapter 617 or other applicable Federal or State Statutes or local ordinances. Subd. 2. Entrances. All entrances to the business, with the exception of emergency fire exits that are not useable by patrons to enter the business, shall be visible from a public right-of-way. Subd. 3. Layout. The layout of any display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, video tapes, or any other material, or any live dancers or entertainers. Subd. 4. Illumination. Illumination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior premises. Subd. 5. Siens. Signs for Adult Establishments shall comply with the City's Ordinances for signs addressed in the City Code sections 365 and 350:651. Signs for Adult Establishments shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation. Subd. 6. Access by Minors. No minor shall be permitted on the licensed premises. Adult goods or materials may not be offered, sold transferred, conveyed, given or bartered to a minor, or displayed in a fashion that allows them to be viewed by a minor, whether or not the minor is on the licensed premises. Subd. 7. Additional Conditions for Adult Cabarets. The following additional conditions apply to adult cabarets: A. No dancer, live entertainer or performer shall be under 18 years old. MDT-238946vl M U200-117 6 -4228- B. All dancing or live entertainment shall occur on a platform intended for that purpose and which is raised at least two feet from the level of the floor. C. No dancer or performer shall perform any dance or live entertainment closer than 10 feet to any patron. D. No dancer or performer shall fondle or caress any patron and no patron shall fondle or caress any dancer or performer. E. No patron shall pay or give any gratuity to any dancer or performer. F. No dancer or performer shall solicit or receive any pay or gratuity from any patron. SECTION 350:1430. LICENSES. Subd. 1. Licenses Required. All Adult Establishments shall apply for and obtain a license from the City of Mound. A person or entity is in violation of this Ordinance if the person or entity operates an Adult Establishment without a valid license, issued by the City. Subd. 2. Applications. An application for a license must be made on a form provided by the City and must include: A. If the applicant is an individual, the name, address, phone number, and birth date of the applicant. If the applicant is a partnership, the name, residence, phone number, and birth date of each general and limited partner. If the applicant is a corporation, the names, addresses, phone numbers, and birth dates of all officers and directors of the corporation; B. The name, address, phone number, and birth date of the operator and manager of the Adult Establishment, if different from the owner's; C. The address and legal description of the premises where the Adult Establishment is to be located; D. A statement detailing any misdemeanor, gross misdemeanor, or felony convictions relating to sex offenses, obscenity, or the operation of an Adult Establishment or adult business by the applicant, operator, or manager, and whether the applicant, operator or manager has ever applied for or held a license to operate a similar type of business in another community. In the case of a corporation, a statement detailing any felony convictions by the officers and directors of the corporation, and whether or not those individuals have ever applied for or held a license to operate a similar type of business in another community; E. The activities and types of business to be conducted; F. The hours of operation; G. The provisions made to restrict access by minors; H. A building plan of the premises detailing all internal operations and activities; MDT-238946vl MU200-117 -4229- I. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches; J. A statement that the applicant is qualified according to the provisions of this Ordinance and that the premises have been or will be inspected and found to be in compliance with the appropriate state, county, and local law and codes by the health official, fire marshal, and building inspector~ K. The names, addresses, phone numbers, dates of birth, of the owner, lessee, if any, the operator or manager, and all employees; the name, address, and phone number of two persons, who shall be residents of the State of Minnesota, and who may be called upon to attest to the applicant's, manager's, or operator's character; whether the applicant, manager, or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, complete and accurate information of the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as credit which has been extended for the purposes of constructing, equipping, maintaining, operating, or furnishing or acquiring the premises, personal effects, equipment, or anything incident to the establishment, maintenance and operation of the business; L. If the application is made on behalf of a joint business venture, partnership, or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names, addresses, and dates of birth of partners, owners, and creditors furnishing credit for the establishment, acquisition, maintenance, and furnishings of said business and, in the case of a corporation, . the names, addresses, and dates of birth of all officers, directors, and creditors who have extended credit for the acquisition, maintenance, operation, or furnishing of the establishment including the purchase or acquisition of any items of personal property for use in said operation; and M. Complete and accurate documentation establishing the interest of the applicant in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements, and any other documents establishing the interest of the applicant or any other person in the operation, acquisition or maintenance of the enterprise. Subd. 3. Disqualifications. The City will issue a license to an applicant within 30 days of the application unless one or more of the following conditions exist: A. The applicant is under 21; B. The applicant failed to supply all of the information requested on the license application; C. The applicant gives false, fraudulent, or untruthful information on the license application; MDT-238946v 1 MU200-117 8 -4230- D. The applicant has been convicted of a gross misdemeanor or felony or of violating any law of this state or local ordinance relating to sex offenses, obscenity offenses, or adult establishments; E. The adult establishment is not in full compliance with this Code and all provisions of state and federal law; F. The applicant has not paid the required license and investigation fees; G. The applicant has been denied a license by the City or any other Minnesota municipal corporation to operate an adult establishment, or such license has been suspended or revoked, within the preceding twelve (12) months; H. The applicant is not the proprietor of the establishment for which the license is issued; or I. The adult establishment premises holds an intoxicating liquor, beer or wine license. Subd. 4. Requalification. An applicant may qualify for an adult establishment license: A. After one year has elapsed in the case of a previous license revocation; B. After two years have elapsed since the date of conviction or the date of release from confinement in the case of a misdemeanor offense; C. After five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is later, in the case ora felony offense; or D. After five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is later, if the conviction is of two or more misdemeanor offenses of combination of misdemeanor offense occurring within any 24-month period. Subd. 5. Postim,. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Adult Establishment. The license shall be posted in a conspicuous place at or near the entrance to the Adult Establishment so that it may be easily read at any time. SECTION 350:1435. FEES. Subd. 1. The license fee for Adult Establishments are as follow: A. The annual license fee is $2,000.00. B. An application for a license must be submitted to the city manager and accompanied by payment of the required license fee. Upon rejection of an application for a license, the city will refund the license fee. C. Licenses will expire on December 31 in each year. Each license will be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license MDT-238946vl 9 MU200- i 17 -4231 - may be issued for the remainder of the year for a pro rated fee. In computing a pro rated fee, any unexpired fraction of a month will be counted as one month. D. No part of the fee paid by any license will be refunded, except that a pro rata portion of the fee will be refunded ir/the following instances upon application to the city council within 30 days from the happening of one of the following events, provided that the event occurs more than 30 days before the expiration of the license: 1. Destruction or damage of the licensed premises by fire or other catastrophe; 2. The licensee's illness, if such illness renders the licensee unable to continue operating the licensed Adult Establishment; 3. The licensee's death; or 4. A change in the legal status making it unlawful for the licensed business to continue. E. An application must contain a provision in bold print indicating that withholding information or providing false or misleading information will be grounds for denial or revocation of a license. Changes in the information provided on the application or provided during the investigation must be brought to the attention of the city council by the applicant or licensee. If such a change takes place during the investigation, it must be reported to the city administrator in writing. A failure by an applicant or licensee to report such a change may result in a denial or revocation ora license. Subd. 2. The one-time non-refundable background investigative fee for an Adult Establishment license shall be charged at an hourly rate of $65.00 per hour by the Police Department for each person identified on the application as an owner, operation, or manager of the business and for each successor, owner, operator or manager. Subd. 3. The procedures for granting an Adult Establishment license are as follow: A. The City will conduct and complete an investigation within 30 days after the city manager receives a complete application and all license and investigative fees. B. If the application is for a renewal, the applicant will be allowed to continue business until the city council has determined whether the applicant meets the criteria of this Ordinance for a renewal license. C. If, after the investigation, it appears that the applicant and the place proposed for the business are eligible for a license, the license must be issued by the city council within 30 days after the investigation is completed. If the city council fails to act within 30 days after the investigation is completed, the application will be deemed approved. SECTION 350:1440. INSPECTION. Subd. 1. Access. An applicant or licensee shall permit health officials, representatives of the police department, fire department, and building inspector, to inspect the premises of an Adult Establishment MDT-238946vl MU200-117 10 -4232- for the purpose of ensurin$ compliance with the law, at any time it is occupied or open for business. The licensee is at all times responsible for the conduct, activity and operation of the business. Subd. 2. Refusal to Permit Inspections. A person who operates an Adult Establishment or his/her agent or employee commits an offense if she or he refuses to permit a lawful inspection of the premises by health officials, representatives of the police department, fire department, and building inspector at any time it is occupied or open for business. Refusal to permit inspections may result in nonrenewal, suspension or revocation of the license as provided in subsection 350:1450 and subsection 350:1455. Subd. 3. Exceptions. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. Temporary habitation is defined as a period of time of at least 12 hours. Subd. 4. Records. The licensee must keep itemized written records of all transactions involving the sale or rental of all items or merchandise for at least one year after the transaction. At a minimum, those records must describe the date of the transaction, a description of the transaction, the purchase price or rental price, and a detailed description of the item or merchandise that is being purchased or rented. These written records must be provided to the City upon request. SECTION 350:1445. EXPIRATION AND RENEWAL. Subd. 1. Expiration. Each license shall expire at the end of the calendar year and may be renewed only by making application as provided in subsection 350:1430. Application for renewal must be made at least 60 days before the expiration date. Subd. 2. Denial of Renewal. When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final. SECTION 350:1450. SUSPENSION. Subd. 1. Causes of Suspension. The City may suspend a license for a period not to exceed 30 days if it determines that the licensee or an employee of a licensee has: A. Violated or is not in compliance with any provision of this Ordinance. B. Engaged in the sale or use of alcoholic beverages while on the Adult Establishment premises other than at an Adult Hotel or Motel. C. Refused to allow an inspection of the Adult Establishment as authorized by this Ordinance. D. Knowingly permitted gambling by any person on the Adult Establishment premises. E. Demonstrated inability to operate or manage an Adult Establishment in a peaceful and law- abiding manner, thus necessitating action by law enforcement officers. MDT-238946vl 11 MU200-117 -4233- Subd. 2. Notice. A suspension by the City shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least 10 days notice of the time and place of the, hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed business premises with the person in charge thereof, or by mailing the notice by U.S. Mail to the last known address of the owner or agent authorized to receive legal notices for the business, as listed on its license application. SECTION 350:1455. REVOCATION. Subd. 1. Suspended Licenses. The City may revoke a license if a cause of suspension in subsection 350:1450 occurs and the license has been suspended at least once before within the preceding 12 months. Subd. 2. Causes of Revocation. The City may revoke a license if it determines that: A. A licensee gave false or misleading information in the material submitted to the City during the application process; B. A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises; C. A licensee or an employee has knowingly allowed prostitution on the premises; D. A licensee or an employee knowingly operated the Adult Establishment during a period of time when the licensee's license was suspended; E. A licensee has been convicted of an offense listed in subsection 350:1430, subd. 3(D), for which the time period required in subsection 350:1430, subd. 4, has not elapsed; F. On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in subsection 350:1430, subd. 3(D) for which a conviction has been obtained, and the person or persons were employees of the Adult Establishment at the time the offenses were committed. G. A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises. Subd. 3. Appeals. The fact that a conviction is being appealed shall have no effect on the revocation of the license. Subd. 4. Exceptions. Subsection 350:1455, subd. 2(G), does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. MDT-238946vl MU200-117 12 -4234- Subd. 5. Granting a License After Revocation. When the City revokes a license, the revocation shall continue for one year and the licensee shall not be issued an Adult Establishment license for one year from the date revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license is revoked under subsection 350:1455, subd. 2 (E), an applicant may not be granted another license until the appropriate number of years required under subsection 350:1430, subd. 4 has elapsed. Subd. 6. Notice. A revocation by the City shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least 10 days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed premises with the person in charge thereof or by mailing the notice by U.S. Mail to the last known address of the owner or agent authorized to receive legal notices for the business, as listed on its license application. Section 350:1460. PROCEDURES. Issuances, suspensions, revocations, and nonrenewals of Adult Establishment licenses are governed by the following provisions: Subd. 1. In the event that the city council proposes not to renew, to revoke, or to suspend the license, the licensee must be notified in writing of the basis for such proposed revocation or suspension. The council will hold a hearing for the purpose of determining whether to revoke or suspend the license. The hearing must be within 30 days of the date of the notice. The city council must determine whether to suspend or revoke a license within 30 days after the close of the hearing or within 60 days of the date of the notice, whichever is sooner. The council must notify the licensee of its decision within that period. Subd. 2. If the council determines to suspend or revoke a license, the suspension or revocation is not effective until 15 days after notification of the decision to the licensee. If, within that 15 days, the licensee files and serves an action in state or federal court challenging the council's action, the suspension or revocation is stayed until the conclusion of such action. Subd. 3. If the city council determines not to renew a license, the licensee may continue its business for 15 days after receiving notice of such non-renewal. If the licensee files and serves an action in state or federal court within that 15 days for the purpose of determining whether the City acted properly, the licensee may continue in business until the conclusion of the action. Subd. 4. If the city council does not grant a license to an applicant, then the applicant may commence an action in state or federal court within 15 days for the purpose of determining whether the City acted properly. The applicant may not commence doing business unless the action is concluded in its favor. SECTION 350:1465. TRANSFER OF LICENSE. A licensee shall not transfer this license to another, nor shall a licensee operate an Adult Establishment under authority of a license at any place other than the address designated in the application. MDT-238946vl 13 MU200-117 -4235- SECTION 350:1470. SEVERABILITY. Every section, provision, or part of this Ordinance is declared severable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this Ordinance be held invalid by a court of competent jurisdiction it shall not invalidate any other section, provision, or part thereof. SECTION 350:1475. EFFECTIVE. This Ordinance shall be effective immediately after publication. Dated: Mayor ATTE S T: City Clerk ADOPTED BY CITY COUNCIL- PUBLISHED IN THE LAKER MDT-238946vl -42~6- MU200-117 MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION NOVEMBER 3, 2003 ORDINANCE AMENDMENT - ADULT USE STUDY AND ORDINANCE Smith highlighted several specifics in the ordinance. Mueller thought that the dollar amounts should be changed to "as determined by the City Council from time to time" (pages 39 and 40). He also challenged the time frame that was established. To allow the liquor establishments to be open longer opens the City up to litigation. MOTION by Osmek, second by Clapsaddle, to approve the adult use ordinance with the following modifications: strike out any reference to specific fees and replace with the phrase "fees as determined by the City council" Discussion Mueller thought the hours of operation should be stated more clearly. Mueller indicated he will vote against this motion because we don't need more law suits in the City. Adult use establishments should have the same hours of operation as liquor. MOTION carried. Voting for: Clapsaddle, Ayaz, Hasse, Michael, Osmek and Schwingler; Voting against: Mueller. -4237- MEMORANDUM To: City Manger Kandis Hanson From: Chief of Police Jim Kurtz Date: November 5, 2003 Subject: Animal boarding fees In mid-December, the police department will begin boarding impounded animals at our new facility. I'm currently in the process of writing our policies and procedures regarding the kennels. The policy will address what kind of animals will be boarded, how long we will board them, treatment of the animals, and the process for tracking and releasing them. As an example, the policy will dictate that non-domesticated animals, animals that are diseased, or animals that are impounded at our facility for more 72 hours will be taken to Wright County animal control. I would like to recommend that the following daily boarding fees be adopted as part of our city fee schedule. These fees are consistent with the rates being charged by Wright County and Hennepin County Animal Human Societies. Quarantined animals $20 per day -4238- CITY OF MOUND RESOLUTION NO. 03-__ RESOLUTION ADOPTING FEE SCHEDULE 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 40O.20 Assessment search Comprehensive Plan Copies Faxes Duplicate license/permit Duplicate meeting tapes Minutes Notary (set by State) Recycling container purchase Recycling container replacement Returned Check Zoning Ordinance COBRA Continuation Administration Fee $20/search $30 .25/page .25/page $10 each $3/tape .25/page $1 each at cost at cost $25/check $20 2% AMUSEMENT & COMMERCIAL RECREATION Amusements: (Set by State) Expire April 30 410.10 Mechanical Amusement Machines Arcades: Expire Dec. 31st 405.00 Arcade Permit (fee per machine) Bowlinq: Expire April 30 420.05 Bowling (fee per alley) $15/Iocation+ $15/machine $15/location + $15/machine $20/yr. 1 -4239- 456.75 Animals: Expire April 30th 455.05 Dog/cat license: 2-year, neutered or spayed, with proof After April of odd year: Dog/cat license: 2-year un-neutered or spayed After April of odd year: Duplicate Tag: Kennel Fee: per day Quarantine Fee per day Commercial Kennel: Late application: on or after May 10 + 475.80 Redemption of impounded animal First impound in current year with current license: First impound in current year without current license: 2nd impound w/i year/licensed 2nd impound w/i year/no license 3rd impound with current license 3rd impound without license $25 $12.50 $35 $17.50 $5 $15 $150/yr. $1. $50 $75 $65neutered $75 un-neutered $9O $80 $105 Proposed Change $20 ...plus license purchase if needed, plus kennel fees... 8 -4240- Storm Sewer: Single-Family or Two-family Residential Cemeteries Parks and Railroads Public and Private Schools/Institutional Use Multi-family Residential Uses Commercial/IndustrialNVarehouse Use Churches $5.13/Iot/qtr. $2.10/acre/mo $6.41/acre/mo $10.71/ac/mo $25.73/ac/mo $43.16/ac/mo $10.71/ac/mo Street Lighting: Fee per account per month $2.00/mo. Miscellaneous Fees: A miscellaneous fee shall be paid by the applicant for land use application expenses which the Cit~ 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 ot 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. Adopted by the City Council this 10th day of November, 2003. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 13 -4241 - ADMINISTRATIVE CODE CITY OF MOUND, MINNESOTA Adopted 7/10/84 - Resolution #84-105 Amendment Adopted 12/11/84 - Section 29.3 - Res. #84-203 Amendments Adopted 5/21/87 ~ Section 5 Comp-Time Section 7 Standby Pay Section 14.3 Insurance Section 30.3 Compliance - Res. #87-96 Amendments Adopted 4/5/88 - Section 5.1 & 5.2 Comp-Time Res. #88-57 Amendments Adopted 11/10/92 - Section 2.1 Compensation Plan Section 14.1 & 14.5 Insurance Section 17.3 Sick Leave Section 18.8 Severance Pay Res. #92-14 Amendments Adopted 10/10/00 - Res. #00-93 Amendments Adopted 01/22/02 - Res. #02-18 Section 14.1 Insurance Section 14.5 Long Term Disability I~l=tll~l=l't IAklIIADV ~ REVISED NOVEMBER 10; 2003 ! -4242- TABLE OF CONTENTS PAGE SECTION 1 PURPOSE AND DEFINITIONS 4 SECTION 2 COMPENSATION PLAN 6 SECTION 3 WORK SCHEDULES 7 SECTION 4 OVERTIME PAY 7 SECTION 5 COMP TIME 8 SECTION 6 CALL BACK 8 SECTION 7 STANDBY PAY 8 SECTION 8 COURT PAY 9 SECTION 9 EDUCATION INCENTIVE 9 SECTION 10 MILEAGE, MEALS & LODGING REIMBURSEMENTS 9 SECTION 11 DISCIPLINE 10 SECTION 12 PROBATIONARY PERIODS 10 SECTION 13 SAFETY 11 SECTION 14 INSURANCE 11 SECTION 14A POST RETIREMENT HEALTH CARE SAVINGS PLAN HOLIDAYS VACATION SCHEDULE SICK LEAVE SEVERANCE PAY FUNERAL LEAVE EYE EXAMINATION 2 -4243- 12 SECTION 15 13 SECTION 16 14 SECTION 17 15 SECTION 18 15 SECTION 19 16 SECTION 20 16 SECTION 21 SECTION 22 SECTION 23 SECTION 24 SECTION 24A SECTION 25 SECTION 26 SECTION 27 SECTION 28 SECTION 29 SECTION 30 INJURY LEAVE 16 MILITARY LEAVE 16 JURY LEAVE 17 LEAVE OF ABSENCE WITHOUT PAY 17 FAMILY MEDICAL LEAVE ACT 17 COMPENSATION FOR TIME NOT WORKED 20 LEGAL DEFENSE 20 RESIGNATION 22 MISCELLANEOUS 22 RELEASE OF NEWS INFORMATION 22 DISPOSAL OF CITY PROPERTY 23 CLOTHING 23 COMPLIANCE TO THIS ADMIN. CODE 23 CONDITIONS OF EMPLOYMENT 23 ADMINISTRATIVE PREROGATIVE 23 POSITIONS COVERED 23 EMPLOYEE RIGHTS 24 EXHIBIT A - SECTION 26 - LEGAL DEFENSE 25 3 -4244- ADMINISTRATIVE CODE SECTION '1 - PURPOSE AND DEFINITIONS 1.1 1.2 The City of Mound, pursuant to Minnesota Statutes 412.651, is authorized to adopt an Administrative Code incorporating the details of administrative procedures. It shall be the purpose of these rules and regulations to insure uniform and equitable personnel policies and administration for all employees of the City of Mound; except this Administrative Code shall not apply to any recognized bargaining unit covered by a labor agreement. The City Manager is authorized and directed to administer these rules and regulations incorporating this Administrative Code. Any term and condition of employment not specifically established or modified by this agreement shall remain solely within the discretion of the Employer, to modify, establish or eliminate. As used in this Administrative Code, the following words and terms, unless the context clearly indicates otherwise, shall have the meaning as defined herein: 1. "Employer" - The City of Mound, Minnesota. 2. "Appointing Authority" - The City Manager or other City officials to whom the City Manager has delegated authority to appoint personnel. 3. "Benefits" - Privileges granted to employees which are included in the total compensation to employees. Includes, but not limited to vacation leave, sick leave, holiday leave, funeral leave, military leave, hospitalization insurance, medical insurance, life insurance, and disability insurance. 4. "Call Back" - Return of an employee to work to perform assigned duties at the expressed authorization of the City at a time other than an assigned shift. An extension of or an early report to an assigned shift is not a call back. 5. "Compensatory Time - (Comp-Time)" - Time taken off from the employee's regularly scheduled work week in lieu of pay, 4 -4245- 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. "Demotion" - The change of-an emp oyee s s a us rom one ~ another position having a lower salary rate. "Employee" - A person holding a position in the City service. "Leave" - An approved absence from work as provided by this Administrative Code. "Overtime" - Work performed at the express authorization of the Employer in excess of forty (40) hours within a seven (7) day period. "Outside Employment" - Employment of any kind engaged in by a City employee for which compensation is received from a source other than the City. "Base Pay Rate" - The employee's hourly pay rate exclusive of longevity or any other special allowances. "Part-Time Employee" - An employee whose work schedule is less than forty (40) hours per week. "Regular Full-Time Employee" - An employee appointed to a regular full-time position after completing the probationary period. "Regular Part-Time Employee" - One that will average thirty (30) hours per week over a one (1) year time period. "Position" - An office, employment or place in the City service. "Probationary Employee" - An employee appointed to a regular full-time position serving the initial probationary period. "Probationary Period" - A trial period in a new position which is a working test period during which the employee is required to demonstrate his/her fitness for the duties to which appointed by actually performing the duties of the position. "Promotion" - The change of an employee's status from one position to another position having a higher salary rate. "Retirement" - The withdrawal of a member from active public service who is paid a retirement annuity thereafter. "Severance Pay" - Payment made to an employee upon honorable termination of employment. "Stand-By" - An employee kept in readiness to perform assigned duties at the expressed authorization of the City. $ -4246- 22. 23. "Temporary F_.mptoyment" - F_mployment which is normatly for short. durations, seasonal in character and compensated for on an hourly or seasonal basis. "Termination" - A complete separation from City employment resulting from discharge, resignation, retirement or death. 2.1 2.2 2.3 SECTION 2 - COMPENSATION PLAN RESPONSIBILITY The City Manager is directly responsible to the City Council for the coordination and administration of the salary program. All salary adjustments for employees shall be based upon the City's Pay Equity Plan accepted by the City Council in December 1999. Annual cost of living adjustments for all non-union employees shall be equal to the highest percentage given to Union Contract personnel each year. PAY PERIOD All City employees shall be paid on a bi-weekly basis. Any employee may authorize deductions from his/her pay for any of the following purposes: 1. City employee's group insurance; 2. United Way; 3. Employee's organizations dues and fees; 4. Credit Union; 5. Uniform rental; 6. U.S. Savings Bonds; 7. Deferred Compensation Plan; 8. Supplemental life insurance; 9. Cancer insurance; 10. Other approved requested deductions. BENEFITS The City provides a cafeteria benefits plan (or pre-tax plan) for its employees for the purchase of health, dental services, and dependent care expenses. -4247- 2.4 ~ It is the Employee's responsibility to complete his/her time card. Any chan(~es., additions, or deletions by a Supervisor must be initialed and n cody (riven to the employee, 3.1 3.2 3.3 SECTION 3 - WORK SCHEDULES The sole authority in work schedules is the Employer. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday unless service to the public requires the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. Service to the public may require the establishment of regular shifts for some employees on daily, weekly, seasonal or annual basis, other than the normal 8:00 A.M. - 4:30 P.M. day. The Employer will give advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. In the event that work is required because of unuSual circumstances, such as, but not limited to, fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee, working other than the normal work day, be scheduled to work more than eight (8) hours. However, each employee has an obligation to work overtime on call backs, if requested, unless unusual circumstances prevent him/her from so working. 4.1 4.2 SECTION 4 - OVERTIME PAY Eligibility for overtime pay shall be determined at the time of appointment or at the time of establishing compensation for the positiOn by the City Manager. Hours worked more than forty (40) hours within a seven (7) day period, will be compensated for at one and one-half (1-1/2) times the employee's regular base pay rate. All work performed on Sundays shall be compensated for at two and one-half (2-1/2) times the employee's regular base pay rate, unless Sundays fall within the provisions of Section 3, 3.1. 7 -4248- 4.3 4.4 For 'the purpose of computin9 overtime compens~t, ion, overtime hours worked shall not be pyramided, compoUnded or paid twice for the same hours worked. Holiday pay shall be paid at a rate two and one-half (2-1/2) times the employee's regular base pay rate. 5.1 5.2 SECTION 5 - COMP-TIME Eligibility to accrue comp-time is determined at the time of appointment or by Department Head. Accumulated comp-time cannot exceed 240 hours unless approved by a Department Head or the City Manager. If an employee is required to work, compensatory time shall be accumulated at one and one-half (1-1/2) times the employee's regular base pay rate. If, however, extra time is worked for the convenience of the employee, it shall be paid at the employee's regular base pay rate. Fair Labor Standards Act (FLSA) requires overtime compensation or compensatory time off only for employees who are not exempt as executive, administrative or professional employees. FLSA does not require either overtime payment or compensatory time off for exempt level employees. SECTION 6 - CALL BACK An employee called in for work at a time other than his/her normal scheduled shift, will be compensated for a minimum of two (2) hours pay at one and one-half (1-1/2)times the employee's regular base pay rate, except on Sunday which it shall be two and one-half (2-1/2) times the employee's regular base pay rate or on Holidays when it shall be two and one-half (2-1/2) times the employee's regular base pay rate. SECTION 7 - STANDBY PAY Any employee placed on standby duty by the Employer shall receive a minimum of two (2) hours of standby pay. Standby pay shall be one-half (1/2) hours pay for each one (1) hour required to duty. 8 -4249- SECTION 8 - COURT PAY In the event an employee is required to appear in court during his/her scheduled off-duty time, such employee shall receive a minimum of two (2) hours pay at one-half (1/2) times the employee's regular base pay rate. An extension of or early report to a regular scheduled shift for duty does not qualify the employee for the two (2) hour minimum. SECTION 9 - EDUCATION INCENTIVE The City shall provide an Education Incentive Plan for all regular full-time and regular part-time employees of the City. If funds are not provided by any other governmental agency, the City shall pay cost of tuition equal to that charged by State institutions after the employee has successfully completed a course with a grade of "C" or better. The course must be job related and approved by the City Manager. Upon completion of the course, the City shall pay the employee a one time payment of five (5) dollars ($5.00) for each credit hour the employee earned. A certificate or some other proof of achievement in an approved course shall be placed in the personnel file of the employee. SECTION 10. MILEAGE, MEALS, AND LODGING REIMBURSEMENTS The City Manager or the department head may authorize travel at City expense necessary for the effective conduct of City business. Such authorization shall be granted prior to the incurrence of the actual expenses and shall be subject to the availability of funds. In the event an employee is eligible for mileage reimbursement, such employee shall be compensated at the rate established by the City Council. In the event an employee is authorized for reimbursement of meals and lodging such employee shall be reimbursed at the cost actually incurred providing such cost is reasonable and receipts are provided. 9 -4250- 11.1 SECTION 11 - DISCIPLINE The Employer will discipline employees for just cause only. Discipline will be in the form of: a. Oral reprimand; b. Written reprimand; c. Suspension; d. Demotion; or e. Discharge. 11.2 Suspensions, demotions and discharges will be in written form. 11.3 Written reprimands, to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees will receive a copy of such reprimands and notices of suspensions and discharge. 11.35 A t the request of the employee, all oral and written reprimands will be removed after 18 months provided there has been no disciplinary action taken against the employee during this period. The provision does not apply to discipline involvinq sexual harassment and discrimination based on race, color, creed, religion, 11.4 11.5 national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. Employees may examine their own individual personnel files at reasonable times under the ~,rec, t supervision of the ~ appropriate Department Head. Discharges will be preceded by a five (5) day suspension without pay. 12.1 12.2 12.3 12.4 SECTION 12 - PROBATIONARY PERIODS All newly hired or rehired employees will serve a one (1) year probationary period. All existing employees will serve a six (6) month probationary period in any job description in which the employee has not served a probationary period. At any time during the probationary period a newly hired employee may be terminated at the sole discretion of the Employer. At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. 10 -4251 - ..................................... SECTION'! 3:SAFETY The Employer and the employees agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to form a Safety Committee to help advise the Employer of any unsafe conditions that exist or need attention. The department heads shall serve as this Committee. 14.1 SECTION 14 - INSURANCE The Employer agrees to pay the full premium for employee only hospitalization/major medical insurance for each full-time employee after thirty (30) days of continuous employment. The Employer agrees to contribute up to the amounts set forth below towards the cost of family coverage: 2002 2003 Medica $585.00 $610.00 14.2 14.3 14.4 14.5 The Employer contribution amount will increase to offset the increases of the health insurance premiums at an amount equivalent to the amount specified in Union Contracts. Any additional costs for such family coverage shall be paid by the employee through payroll deduction. In no event shall the Employer's contribution exceed the actual cost of the coverage selected by the employee. Regular part-time employees are not eligible for hospitalization/major medical insurance benefits. The Employer agrees to pay the full premium payment for a ten thousand dollar ($10,000) life insurance policy, and a long-term disability inSurance policy, for each regular full-time employee, after thirty (30) days of continuous employment. After thirty (30) days of continuous employment the Employer agrees to provide dental insurance coverage for each regular full-time and full-time probationary employee or pay up to twenty-six dollars ($26.00) per month toward family coverage and full single coverage for each regular full-time and probationary full-time employee. The Employer agrees to pay the full premium for a Long Term Disability Policy (as enhanced on February 1,2002) for each full-time employee, after 30 days of continuous employment. The qualifying period for the LTD shall be 90 days. Employees shall not earn more while on LTD than they would receive as base 11 -4252- 14.6 pay if they were in a work status. A short term disability insurance policy will be made available to employees on a voluntary basis after 30 days of continuous employment. The premium will be paid by the employee throuqh payroll deduction. The employee may choose their desired benefit amount, not to exceed 60% of oross pre-tax income. SECTION 14A- POST RETIREMENT HEALTH CARE SAVINGS PLAN Required Plan for: All City Full time Non-Union Employees and All Law Enforcement Labor Services, Inc., Local No. 35- Sergeants 1. Contributions to the Plan Starting with the month of July 2002, the non-union employees will contribute 3 percent of the employee gross pay and the members of the Sergeant Unit will contribute 1 percent of the employee gross pay, on a monthly basis, and the employer will contribute 1 percent of the employee gross pay starting January 2003. 2. Contribution at retirement At the time of termination, the employee shall contribute based on the following scale: 1250 hours accumulated sick hours .................................. 75% 3.a 1000 hours accumulated sick hours ................................... 60% 3.a 750 hours accumulated sick hours .................................... 50% 3.a 500 hours accumulated sick hours .................................... 25% 3.a of the full amount of severance pay from accrued sick time toward the plan. *** Employees who have over $3,000.00 in severance from accrued vacation or comp time shall contribute all monies to the plan. Employees with less than $3,000.00 in severance from accrued vacation or comp time shall receive such monies in a severance check. ***Contributions shall be calculated in the following manner: 12 -4253- 1: 2: 3: Total sick hours, as listed on the employee's final paycheCk, shall determine "accumulated sick hours" percentage (3.a) as stated in item 3 listed above. Total sick hours will then be multiplied by 18.1 in the Administrative Code or applicable Union Contract's severance section (depending on employee status/union membership). That amount will then be multiplied by the percentage (3.a) listed above in item 3. The remaining percentage shall be given to the employee in the form of a severance check. 15.1 SECTION 15 - HOLIDAYS The employer agrees to provide the following paid Holidays to all regular and probationary full-time employees: New Year's Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Martin Luther King Day Thanksgiving Day The Day After Thanksgiving Day 1/2 Day Christmas Eve Day Christmas Day 1/2 Day New Year's Eve Day One (1) Floating Holiday Regular pad-time employees shall be paid holidays designated above in direct proportion to the number of hours worked in the pay period in which the holiday occu rs, 15.2 15.3 If any of the above Holidays fall on a Saturday, the preceding Friday shall be a Holiday. If any of the above Holidays fall on a Sunday, the following Monday shall be a Holiday. (If New Year's Day or Christmas Day fall on a Sunday or Monday, the 1/2 day Holiday allowed for New Year's Eve or Christmas Eve shall be the preceding Friday.) Any full-time regular or full-time probationary employee required to work on a Holiday shall receive two and one-half (2-1/2) times his/her hourly rate for all hours worked. Any part-time employee required to work on a Holiday shall receive one and one-half (1-1/2) times his/her regular base hourly pay rate for all 13 -4254- 15.4 15.5 hours worked. Work on a Holiday requires prior Department Head approval. An employee must work or be on a fully paid leave the working day before and the working day after the Holiday to receive Holiday pay. The one (1 } floating holiday will be prorated for employees who are hired durinq the current calendar year and who qualify for this Holiday. 16.1 16.2 SECTION 16 -VACATION SCHEDULE Regular full-time and probationary full-time employees shall accrue vacation according the following schedule: YEARS OF SERVICE 0-5 6-15 16 - 20 21 - 24 25 and over HOURS EARNED PER BI-WEEKLY PAY PERIOD NUMBER OF DAYS PER YEAR 3.077 10 4.616 15 6.154 20 7.693 25 9.230 30 Vacation leave benefits cannot be waived to receive cash wages. Vacation leave shall accrue during the first year of employment but cannot be taken until after six months of employment. Time off may be taken as unpaid leave during the first six months of employment with the approval of the City Manager. After six months of employment, vacation leave must be approved in advance by the employee's supervisor. 16.3 16.4 An employee can carry over up to one and one-half (1 1/2) of all earned vacation from one year to the next. All vacation time over that amount must be approved by the City Manager. In the event an employee is unable to take vacation as a result of their required presence at work as requested by the City, the employee shall continue to accumulate vacation hours until the time the City authorizes vacation. This must be approved by the City Manager. t4 -4255- 17.1 17.2 17.3 17.4 SECTION 17 - SICK LEAVE Each regular full-time and probationary full-time employee shall earn sick leave with pay at the rate of one (1) day per month for each month of full-time employment with the City or 3.693 hours per pay period. There shall be no limit on the maximum accumulation of sick leave. After completing six (6) months of continuous service with the City, an employee may begin using his/her accumulated sick leave. Regular part-time employees shall earn sick leave in direct proportion to the number of hours worked based on the rate established for full-time employees. Sick leave may be used for an employee's own illness, physical examination, dental care, injury, maternity care, outpatient or inpatient treatment for mental illness, alcoholism, or drug abuse. Employees may also ree~est-usip~ _use sick leave for the serious illness, injury or other health 'care of members in their immediate family ,.,k .... ~,~ .... ;*~, *k..,-,, ,.. ~ ..... k,.,,., ,~,~.,, ~, .... ""~""""" health .............,...... ,....~..... ,-.,,-..,,.~'a~*". "Immediate family member" here is defined as employee's mother, father, siblings, spouse, children, step-children, grandchildren, c~randparents, and spouse's mother, father, siblings, children, grandparents and grandchildren. Employees claiming sick leave may be required to file competent written evidence that he/she has been absent as authorized above, or if more than three (3) days, that the employee has been under treatment and supervision of a doctor or dentist who recommends work not be performed. If the employee has been incapacitated for the period of his/her absence or a major part thereof, the employee may be required to provide evidence that he/she is again physically able to perform his/her duties. 18.1 SECTION 18 -SEVERANCE PAY The following is the severance pay schedule which shall become effective for all full-time employees upon reaching tenure of three (3) years. The following schedule is based on a percentage of unused accumulated sick leave. After 3 Years service 33.3% to a maximum of 96 hours After 5 years service 35% to a maximum of 160 hours After 10 years service 40% to a maximum of 384 hours -4256- 18.2 18.3 After 15 years service 45% to a maximum of 648 hours After 20 years service 50% to a maximum of 960 hours After 25 years service 55% to a maximum of 1320 hours The Employer shall pay full-time employees the full amount of severance pay at the time of termination. If requested, the employee may elect to receive equal amounts over a period of up to five (5) years. An employee who is discharged from employment for just cause shall not be entitled to severance pay under this Section. SECTION 19 - FUNERAL LEAVE Funeral leave for immediate family, not to exceed three (3) days will be allowed by the City Manager. If more than three (3) days are required, the employee may choose to deduct the extra days over three (3) from either vacation or accumulated sick leave. Immediate family is defined as mother, father, siblings, spouse, children, grandparents and spouse's mother, father, siblings, children, grandparents and grandchildren. SECTION 20 - EYE EXAMINATION The Employer agrees to pay up to fifty dollars ($50.00) following every twenty-four (24) months of full-time employment toward an eye exam or the purchase of eyewear for each full-time regular employee. SECTION 21 - INJURY LEAVE In the event a City employee or regular part-time employee suffers an injury while in the line of duty for the City, a report of the accident shall be made immediately and all necessary forms completed by the Department Head. SECTION 22 - MILITARY LEAVE A regular full-time or regular part-time City employee who is a member of the National Guard or the Reserve Forces of the United States of America shall be entitled to military leave as provided by Minnesota Statutes, Section 192.26 through 192.264. -4257- SECTION 23 -JURY LEAVF Any City employee who is required to serve on jury duty shall be granted an amount of compensation which will equal the difference between the employee's regular base pay and compensation paid for jury duty. SECTION 24 - LEAVE OF ABSENCE WITHOUT PAY The City Manager may, upon recommendation of the employee's department head, allow a regular full-time employee a leave of absence without pay for a period of up to ninety (90) days for sickness, disability, disability related to child birth, child care leave, or other good and sufficient reasons which are to be in the best interests of the City. Such period may be extended up to er~-(4-)-yea~ six (6) months with the authorization of the City Manager. Each case will be determined on its own merit. Also, the employee may be required to subject to a second opinion from a doctor of the city's choosing. An employee must submit a notice of intention to return from leave to the City Manager before he or she can be returned to active status 30 days prior to the employee's desired return, or similarly of his or her plan to retire or resign from service. While on leave of absence without pay, the employee shall not be entitled to accrue vacation leave, sick leave, receive insurance benefits, or earn seniority. Insurance benefits may be obtained by the Employee paying his/her full premium. Child care leave refers to the time spent caring for a child in conjunction with its birth or adoption. Disability related to childbirth is the period in which a mother is considered disabled as determined by a physician. SECTION 24A- FAMILY MEDICAL LEAVE ACT Pursuant to the Family Medical Leave Act of 1993, the City provides twelve (12) weeks of job protected unpaid leave to eligible employees for the'birth and care of a child, the placement of a child with the employee for adoption or foster care, the employee's serious health condition and to care for a spouse, child or parent with a serious health condition. ELIGIBILITY - An employee must have been employed by the City for at least twelve (12) months, and have worked at least 1,250 hours during the twelve (12) months preceding the commencement of the leave. ]7 -4258- · AMOUNT OF FMLA LEAVE -An eligible employee is entitled to twelve (12) work weeks of leave. The length of the leave will not exceed 12 work weeks in a 12-month period. The 12-month period is measured forward from the first date FMLA leave is used. · ELIGIBLE REASONS FOR FMLA LEAVE - Eligible employees are entitled to 12 work weeks of unpaid family and medical leave per year for: o Birth of the employee's child and in order to care for the child. o Placement of a child with the employee for adoption or foster care. o To care for a spouse, child, step-child, or parent who has a serious health condition. This includes psychological, physical care, and sharing care duties. o Serious health condition making the employee unable to perform the essential functions of his/her position. · NOTICE REQUIREMENTS - An employee must submit the application for Family/Medical Leave form to provide the City with thirty (30) days written notice if the need for leave is foreseeable. If thirty (30) days notice is not possible, as much notice as practical must be given. Planned medical treatments should be scheduled so that it will not unduly disrupt the City's operation. · INSURANCE COVERAGE DURING LEAVE - During a period of FMLA leave, an employee will be retained on the City's health plan under the same conditions that applied before leave commenced. To continue health coverage, the employee must continue to make any contributions that he or she made to the plan before taking leave. Failure of the employee to pay his or her share of the health insurance premium may result in loss of coverage. If the employee fails to return to work after the expiration of the leave, the employee will be required to reimburse the City for payment of health insurance premiums during the family leave, unless the reason the employee fails to return is the presence of a serious health condition which prevents the employee from performing his or her job orto circumstances beyond the employee's control. · ACCRUAL OF OTHER BENEFITS DURING LEAVE - An employee is not entitled to accrual of any seniority or employment benefits (during an unpaid -4259- portion of FMLA leave) that would have accrued if not for the taking of leave. An employee who takes FMLA leave will not lose any seniority or employment benefits that accrued before the date leave began. · INCREMENTS OF TIME - Family and medical leave may be taken in a (12) work week block or in increments as small as one (1) hour, depending on the circumstances. When medical treatments are planned, employees should consult with their respective Department Head and make reasonable effort to schedule the leave so as not to unduly disrupt the City's operations. · USE OF ACCRUED SICK LEAVE, COMPENSATORY TIME OFF AND VACATION DURING FAMILY MEDICAL LEAVE - During FMLA leave, employees must use accrued sick leave and compensatory time prior to taking unpaid leave. Use of accrued vacation time is an option and may be used by the employee once accrued sick leave and compensatory time are exhausted. When sick leave and compensatory time and accrued vacation time have been exhausted, any remaining time will be unpaid. Unpaid hours will not count toward seniority and benefits will not accrue during this unpaid leave. · MEDICAL CERTIFICATION - An employee will be required to submit a completed Certification of Health Care Provider Form (Dept. of Labor Form WH- 380) for FMLA leave, based on the serious health condition of the employee or the employee's spouse, child or parent as completed by the applicable health care provider. · RE-CERTIFICATION - Re-certification of the FMLA leave will be required if the employee requests an extension of the original length of FMLA leave initially approved by the City if circumstances described by the initial medical certification change or if the city receives information casting doubt on the employee's stated reason for the absences. · RETURN FROM LEAVE - An employee must complete a "Notice of Intention to Return From Family or Medical Leave" before he or she can be returned to active status. If an employee wishes to return to work prior to the expiration of a FMLA leave of absence, notification must be given to the employee's supervisor at least five (5) working days prior to the employee's planned return. · FITNESS FOR DUTY CERTIFICATION - In the case of FMLA leave due to an employee's own serious health condition, the City requires a medical certificate -4260- attesting to the employee's fitness for duty pdor to return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of the job. · RESTORATION TO EMPLOYMENT - An employee who takes FMLA leave - may be restored to his or her original position or to a position with equivalent pay, benefits, and other terms and conditions of employment. A "key employee" - meaning a salaried employee who is among the 10 percent highest paid employees at the City - may be denied restoration to employment of restoration will cause substantial and grievous economic injury to the operations of the City. FAILURE TO RETURN FROM LEAVE - The failure of an employee to return to work upon the expiration of FMLA leave of absence may subject the employee to termination from employment. SECTION 25 - COMPENSATION FOR TIME NOT WORKED 25.1 If the employee chooses to go home due to inclement weather, he or she may compensate himself or herself through the use of vacation or comp time accruals, or remain unpaid. If building maintenance problems at City Hall or inclement weather causes Management to close City Hall, the employee shall be compensated by the City for the time lost at their regular rate of pay. 26.1 26.2 SECTION 26 - LEGAL DEFENSE The purpose of this section is to establish a policy and procedure to be used in determining whether the City should provide defense and indemnification to City employees. It is the policy of the City of Mound to provide defense and indemnification in accordance with the public policy implicit in Minnesota Statutes, Chapter 466 and to protect those performing governmental services on behalf of the City of Mound against risk of liability from lawsuits. It is the policy of the City to provide defense and indemnification for all its employees in accordance with the public policy articulated in Minnesota Statutes, Chapter 466. SCOPE OF AVAILABILITY. The City shall defend any officer or employee for any tortious conduct arising out of any alleged act or omission occurring in the 20 -4261 - 26.3 performance of the duties of his/her position. If the City determines that any officer or employee is guilty of malfeasance in office, willful neglect of duty, or bad faith, it shall not defend or indemnify that officer or employee. PROCEDURE. When an employee is served with a summons and complaint in a lawsuit, the employee must fill out a form requesting that the City defend the employee. This form shall be required in all lawsuits where employees are named as individual defendants. The employee shall submit the form to the Department Head for certification that the employee was acting within the scope of his/her employment and acting in the performance of the duties of 'his/her position. The Request to Defend Form and Departmental Certification shall be sent to the City Attorney's Office. After the form and certification have been signed and presented to the City Attorney's Office, the City Attorney and Department Head will review the Request to Defend Form and Departmental Certification to determine if the conduct occurred within the performance of the duties of the position and to make a preliminary determination whether the conduct involved malfeasance in office, willful neglect of duty or bad faith within the meaning of Minnesota Statutes, Chapter 466. If the City Attorney and Department Head determine that the employee was acting within the performance of the duties of his/her position and that conduct did not constitute malfeasance, willful neglect of duty, or bad faith, the City Attorney's Office will represent the employee or retain separate counsel in accordance with ethical requirements. If the City Attorney and Department Head determine that defense and indemnification is not appropriate because the employee was either not acting in the performance of the duties of the position or was acting in bad faith, malfeasance or willful neglect of duty, the City Attorney shall notify the employee of that preliminary decision. A contract Administrative Law Judge will be retained by the City to conduct a hearing, if desired by the employee, to determine whether the City has an obligation to provide a defense and indemnification to the employee. The employee may present evidence, witnesses and argument before the Administrative Law Judge and cross-examine witnesses. The Administrative Law Judge shall issue findings of fact, conclusions of law and recommendation(s) to the City Manager specifically addressing whether the 2! -4262- 26.4 employee was acting within the performance of the duties of his/her position, or is guilty of malfeasance, bad faith or willful neglect of duty. The recommendation(s) of the Administrative Law Judge will be submitted to the City Manager for a final decision. If the Department Head and the City Attorney are unable to agree on whether the employee should be defended and indemnified by the City, the case will be presented to the City Manager for a preliminary decision. If the City Manager determines that defense and indemnification is appropriate, the emPloyee shall be immediately notified. The City Attorney's Office shall provide a defense in accordance with ethical principals. If the City Manager preliminarily determines that the employee should not be defended or indemnified by the City, then the matter shall be referred to an Administrative Law Judge for a hearing as described above. Attached to this policy and procedure is a flow chart which is designed to illustrate graphically the City's procedure for providing defense and indemnification to City employees. 27.1 SECTION 27 - RESIGNATION Any employee wishing to leave the service of the City in good standing will file a letter of resignation with his/her immediate supervisor at least two (2) weeks prior to the effective date. 27.2 Any department head wishing to leave the service of the City in good standing shall file a letter of resignation with the City Manager at least thirty (30) days prior to the effective date. 28.1 SECTION 28 - MISCELLANEOUS RELEASE OF NEW INFORMATION No City employee shall release any information regarding City business without the approval of the City. In the event information is requested on City business, such inquiries shall be directed to the department heads or the City Manager. 22 -4263- 28.2 28.3 DISPOSAL OF CITY PROPERTY No City property shall be disposed of without the approval of the City. Before the City property is disposed of, a letter of inquiry shall be submitted to all department heads through the City Manager stating the description and function of the item and if any department is in need of or can utilize the item. CLOTHING Each employee shall receive wearing apparel with the City insignia on it not to exceed the cost of $35. per employee, per year. SECTION 29 - COMPLIANCE TO THIS ADMINISTRATIVE CODF 29.1 29.2 29.3 29.4 CONDITIONS OF EMPLOYMENT. This Administrative Code shall be deemed conditions of employment, in the City service and violations of these rules and regulations may constitute just cause for disciplinary action or dismissal by the Cityl ADMINISTRATIVE PREROGATIVE This Administrative Code shall cover the items set forth, however, this Code shall also permit administrative prerogative in making decisions regarding conditions not included in the Administrative Code. POSITIONS COVERED All offices and positions in the City service that now exist or hereafter are created shall be subject to the provisions of the Administrative Code except the following: 1. officials elected by the people; 2. members of boards or commissions; 3. the City Attorney; 4. Union Contract Employees. City Management will meet no less than every two years with the employee representing group to discuss possible changes to the Administrative Code. No changes will be made to the code without discussion between the City Manager and the Administrative Employee Representatives. 23 -4264- SECTION 3,0 - EMPLOYEE RIGHTS In the case of a dispute or disagreement as to the interpretation or application of the Administrative Code, or if a conflict otherwise arises, the employee shall work first with the Department Head to resolve the matter. When that cannot be accomplished, the employee may redirect the mater to the attention of the City Manager with notification to the Department Head. 24 -4265- EXHIBIT A - SECTION 26 - LEGAL DEFENSE 0 o ~)~ ~ ~o:~ ~0 .,~ o -4266- ~o~ 05 03 02:~5p p.2 Hennepin County Transportation Department 1§00 Prairie Drive Medina, MN $5340-5421 October 31, 2003 763-745-7500, Phone 763-478-4000, Fax 763-478-4030,TDD www.co.hennepin.mn.us Mr. Bruce Chamberlain Hoisington Koegler Group, Inc. 123 N. 3rd Street Minneapolis, MN 55401 Re: CSAH 15; County Project 9417 REPP FUNDING STATE AID FUNDING (2:1 TREE REPLACEMENT) Dear Mr. Chamberlain: In a letter dated October 20, 2003, the City of Mound requested funding t¥om the Hennepin County Roadside Enhancement Partnership Program (REPP). The proposed streetscape improvement does provide qualifying elements envisioned for the funding program. Based upon the information provided, it appears the following elements are eligible for REPP funding. Proiect Length Deterrnin_ation The project length is determined to be 0.7 miles, and includes CSAH 15 and 110. Utility Undergrounding The proposed undergrounding of the existing overhead Xcel Energy distribution line does qualify for REPP treading. The undergrounding is considered a safety featm:e. The participation is limited to (50) fifty percent of the Xcel Energy estimated cost and subject to actual costs with a maximum contribution of $300,000 per centerline mile. The KEPP funding is calculated to be $150,000. Street Lighting The proposed street lighting element does not qualify. For this element to qualify the lighting needs to uniformly illuminate the roadway. Sidewalk illumination is considered a bonus. Upon demonstration that the lighting element provides adequate uniform lighting for the roadway, participation may be considered. Transit Facilities The proposed transit facilities element does qualify for REPP funding. The participation is limited to (50) fifty percent of the amount based on the engineers estimate and subject to actual field quantities and bid prices. The REPP funding is calculated to be $9,100. Roadway Beautification The proposed beautification elements do not all qualify for REPP funding. The clements that do not qualify are the proposed trees (see below for alternate funding), and floating fountain. However, an element not included in the request, but does qualify, is the irrigation system. Also, the elements listed under Security Improvements were considered a better fit in this category. The amount is based on the engineers estimate and subject to actual field quantities and bid prices. The REPP funding is calculated to be $131,039.70. .Security Improvements The proposed security element does not qualify under this category, however was included in the Roadway Beautification. The element would need to provide for a continuous separation between adjacent pedestrian walkways and parking lots. An Equal Opportunity Employer - 4267 - Recycled ?riper CSAH 15; County Project 9417 REPP Funding State Aid Funding (2:1 Tree Replacement) Page 2. State Aid (1%) Participation The proposed planthag of tr~es does qualify for State Aid funding in the Hennepin County Cost Participation Policy, and is considered replacement for trees proposed to be removed. The participation is limited to (1) one percent of the total cost of the construction project and limited to 2:1 replacement for trees. The amount is based on the engineers estimate and subject to actual field quantities and bid prices. The REPP funding is calculated to be $46,697.56. REPP FUNDING SUMMARY Repp Funding City Repp Cate..Qfl!.ggp~ Total Parameter Participation Funding Utility Undergrounding $300,000' 5~% or up t~ ' $150,00~ $150,00(~ 0.7 x 300__Q..~.~O00 $210,000 Street Lighting $308,807 50% (Uniform $308,807 $0 Transit Facilities $18,200 Roadway Lighting) 50% $9,100 $9,100 Roadway $397,090 33% or Ul3to $266,050.30 Beautification $131,039.70 0.7 x 200,000_ $140,000 $1,024,097 $733,957.30 STATE AID (1%) PARTICIPATION $290,139.70 Funding City Hennepin ~ Total Parameter _Participation _Coun ,ty 2:1 Tree Replacement $59,000 2 x Trees Removed $12,302.44 $46,697.56 up to 1% of Project Cost $46,697.56 $12,302.44 If you have questions, I invite you to contact me. Sincerely, Guy K. Nowlan, P.E. Senior Project Manager $46,697.56 CC: File: 15/9417 J. Grube, Director, Transportation Department C. Twinem, Division Manager, Transportation Depax~ent Kandis Hanson, Cily Manager, City of Mound -4268- II -4271 - -4272- The Gillespie Gazette VOL XI NO 11 November- '2003 PRESIDENT'S MESSAGE October 21, 2003 Dear Members and Friends, We certainly went from hot weather to cold weather in a hurry. The weather has bounced back to very nice and a real "Indian summer". The experts are predicting a cold and snowy winter. We have had relatively mild winters in recent years. We'll hope that this winter treats our seniors kindly. Our Telethon is now history. What a manvelous event to raise money for our new parking. Countless hours went into the preparation for this event. Hundreds of members and friends worked very hard to make the telethon a success. We thank all of you from the bottom of our hearts. There are some, however, who dese~e special recognition. Ken and Dee Scott and Sharon Cook got the Telethon organized. Barb Calhoun and Mary Ellen Storlien organized the volunteers for the dinner and on the ~hone bank at the Center. The idea for the Telethon came from Eli Ehlebracht and he work with Jim Lundberg the Lake Minnetonka CommunicatiOns Commission to get all the television aspects organized. Eli moved from the studio to the Center making sure everything went smoothly. Jim was the Saturday Master of Ceremonies and spent six hours under the hot lights without a break. Jim and his wonderful staff at the LMCC did a remarkably great job. Jack Diesing and Kathleen Marie were the television hosts Sunday evening. They did a great job. These wonderful people were very special to the success of the telethon. The entertainment surpassed anything we could have expected .... very, very good. I'm sure t have left out naming someone who made a real and substantial contribution to you they made to the success of the Telethon. We have another big event coming up immediately. On Saturday, November 1st, we will have a Variety Show and Dinner at our Center. For $10.00, you get an all-you-can-eat spaghetti dinner and a show. What a bargain! There are two shows, one at ~.30 pm and a second at 7:00 pm. Seating is limited, 160 for each show. The Dial-a-Ride bus will be available to transport people to and from the first show. Enjoy the evening! Chairperson Gillespie Center Advisory Council -4273- Harbor Wine & Spirits Oct. 2003 Date Weather Cust 03 Cust 02 Variance 10/1/2003 sunny, cool 242 298 -56 10/2/2003 sunny,cool 275 281 -6 10/3/2003 sunny,cool 428 307 121 10/4/2003 sunny,cool 526 477 49 10/5/2003 574 -574 10/6/2003 sunny,cool 249 249 10/7/2003 sunny,cool 285 288 -3 10/8/2003 sunny, cool 277 299 -22 10/9/2003 sunny, cool 274 323 -49 10/10/2003 sunny,cool 472 327 145 10/11/2003 rain 481 629 -148 10/12/2003 542 -542 10/13/2003 sunny, cool 244 244 10/14/2003 sunny,cool 238 282 -44 10/15/2003 sunny,cool 241 253 -12 10/16/2003 sunny,cool 274 293 -19 10/17/2003 sunny,warr 413 310 103 10/18/2003 sunny 548 463 85 10/19/2003 512 -512 10/20/2003 sunny 276 276 10/21/2003 cldy/cool 216 287 -71 10/22/2003 sunny/cool 262 255 7 10/23/2003 sunny 275 279 -4 tX) ~ ''~ -~'10/24/2003 rain/sun 488 322 _ ,.~n~ 166 ,~0/25/2003 cool 507 504 3 10/26/2003 634 -634 10/27/2003 rain 255 255 10/28/2003 cloudy 192 285 -93 10/29/2003 cloudy/rain 215 277 -62 10/30/2003 cloudy/rain 272 253 19 10/31/2003 CLOUDY 492 374 118 Totals dsg 8917 9928 -1011 2003 3255.11 5191.11 7536.78 9929.91 3043.11 4272.75 4052.87 4815.35 7826.51 10192.09 3370.08 3882.48 4637.66 4782.41 8282.75 10856.96 4200.63 3349.32 4024.59 5518.37 8837.99 10322.17 3843.42 2856.3 3569.39 4605.38 10446.75 157502.2 2002 3801.58 3893.25 3865.32 8184.68 9277.9 3210.99 4116.64 4143.4 4440.54 10156.68 8951.73 3741.65 3569.61 3588.16 4294.17 6742.8 8213.5 3338.87 3237.22 3631.54 4727.68 7769.21 10913.42 3923.3 3443.93 3327.08 5753.49 144258.3 Difference+/. -546.47 1297.86 3671.46 1745.23 -9277.9 3043.11 1061.76 -63.77 671.95 3385.97 35.41 -8951.73 3370,08 140.83 1068.05 1194.25 3988.58 4114.16 -8213.5 4200.63 10.45 787.37 1886.83 4110,31 2552.96 -10913,42 3843.42 -1067 125.46 1278.3 4693.26 13243.9 -4274- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 For Release WEB: www.cityofmound.com October 28, 2003 Kandis Hanson 472-0609 Dear Mound Residents, Effective in June of 2003, the City of Mound adopted a policy allowing for the collection of $2.00 per month from each business and household to be designated for street lighting. This is a new feb commonly collected by other citie's,-7"~is intended tbr th~~Y.~"r~/~ repair and power costs assomated w~th street hght~ng throughou~h_e~ity~ ~. en~ to fund lighting on any one street, but throughout the,enti,re city.--?~ Simultaneously, the City._ad6pte_d_ franchi...se agreements with Centerpoint Minnegasco and Xcel Energy. Effective fa~l of 2003, those franchise agreements provide for the collecti~on of $2.00 per month from each business and household metered for gas or electric. -Those funds are-Passed through to the City and cover the cost of services provided to those utihty companies by the C~ty. These are also fees commonly cotlecte by cittes~s a revenUe sou;ce. - .' . .'";7: :7~ ~ ,"--- serVices to the utiifty companieS are mainly oftw° types The most common is the' response of police and fire departments to gas main breaks and downed electric wires. The five-year average cost for the rzre Department to respond to those events i~. That amount could be doubled since the Police Department must respond to all those_¢.~ same calls. The second type of service is the l~censing of utility projects within our pVic%;~o~_ ~ That includes. Public Works ov~e proj~'cts ~s they are {~k'l-~g ensuri~¢, that the public i~f~astruc~ure i.q re.qtored, to the original state. to the City that enable redevelopm_c.nt and other projects now occurring. Those types of projects, as Wel~ ~aintenanc~e, cJe~)end on an~on, going-reve, nue s.tre.am¢ ' 'TCx¢ - ~ ~__~ 2' ~z. Activity that c~~ the ~' o~ve~ the last year has pre~~~e ~"ese ~'~'., ~-~~., c~ty'"~)fficials attem-pted to plug the financing gap brought about by legislation t~hat ha's eliminated local ~tate aid to cities. For Mound, that amounted to ~aj,~¢~$504,000 over two years. In order to simply maintain the level.pr servic.e..s currefftfS/'lSfovi..ded.our customers, other means of financing had t° be tapped. Had that not occurred, the most likely Source of funds would have been through ~utbac_ks in the Police Department and the l¢Ublic Works Dep~ai~fn tent, the only depar~m~r~ulfip~e p-e~sonnel hol3'i'ng the Page: Two Date: Oct 28, 2003 ~/ , Subj: Fees ~A'~'~ ""~t same job title. In financial terms, that equates to the ehml · 'nation of about four full time e.mp.!oye.es ~om departmen, ts that. a.r~e.a.l_r.ead~y_u~, dff/r.s_taf.fej1, when. comp~ed top~l~er s~muar s~zea cities. ~,X,~ f--~~:a~-~x~, .~4_~'/~--~d4-~ ~ Suppo. rt .o. fthese decisio,ns came from citizen s.~urveys performed within the last three~,~ t/~- years lmhcating citizens ~m9reservlCes, notless. In a scientific survey_ performed by Decision Resources, Ltd, between December 2001 and January 2002,~ of .thos.e interviewed favored an increas,.,e in the city property tax if it were-needed t(} maintain city services at leve sl~Xisting at that time. An overWhelmin 6~.9o o of./~Fe/~ respondents opposed a reduction in city services so that their property ta~es cou~ educed. These results said to public officials that citizens would not settle for a reduction in th~.basic_ services required of cities to provide, which is what would have 0~0 ~' -'~°ccurred ifstafflevels Were cut'X~-~+ ~'~}4/'4'/~P~ }~£ ~E~¥,~ ~ ~ c~9'I~All *in.ss c°nsidered, it became the opinion of City officials that a $4-6 per month was a tin_rough the maintenance of stable public finances made p'l~gging the financial gap an n. omln.al .amount that could be _~anaged by the h0usehold~. Ensuring public services urgent matter,~ngs were-fi-eTd.-~ , X~, 'r",'J Be assured that these were agonizing dec~on~ ~o~eff}~~ appointed officials to come to. With the hope that~ t.h~e, govemor's promises to,cut back at the State level would actually be realized by out--the fees seemed a-~asonable solution to "a-serious ~financi__~.gl ap, and, one that~u't'd~)'t~in3pact any OPe sector.to amexcessive, de~ree.._~p · nose With aaamonm quesuons may contact the Mound City Manager, K~.ndls Hanson, At 472-0609. Sincerely, cSta~di~a~Haa~;r°n +O ', J,~lq--j'l.) P ) ~ /'~ /~ )U ~t~ /~]~~, ,~ /~~~'- City of Mound r:t/' ~ =..~ ~ ~" . ..v ~ I ~~ ~ ' Illl FOR IMMEDIATE RELEASE November 4, 2003 MEDICA. For more information, contact: Larry Bussey Communications Director, Medica 952-992-8013 Cellular: 612-309-8896 E-maih larry.bussey@medica.com Medica to Offer First-Ever Premium Holiday in December Constituents to Receive $80 Plus Million in Benefits MINNETONKA, MN -- Medica today announces programs to extend over $80 million dollars in benefits to its customers, members and providers. The programs include a half-month premium holiday, physician incentive plans, and an affordable pharmacy benefit for seniors. The action is the direct result of an easing in medical cost increases, successful medical cost reduction efforts and the company's recent investment performance. The broad-based effort to return the cost savings will ultimately impact all of Medica's customers. "We are managing our business in accordance with our not-for-profit mission," said David Tilford, president of Medica. "Medical cost increases have slowed, at least temporarily. The steps we are taking will benefit customers, who have born the brunt of cost escalation. They will also help to keep the cost escalation in check over the long term." After five years of rapidly escalating health care costs, the trend has moderated, at least for the time being. While Medica anticipated in its 2003 prices lower medical cost increases than 2002, health care costs this year have been even lower. In addition, efforts to contain health care costs such as the promotion of generic drugs and improved disease management programs are creating additional savings. Medica has saved about $20 million overall by encouraging the use of generic drugs. All of these cost savings trends are expected to continue into 2004. On average, customers can expect to see lower premium increases than in the recent past. Medica's Medicare Prime Solution members have already been told they will see zero premium increases in 2004. - more - -4277- Programs that will benefit commercial and government program customers include: Fully insured commercial customers, as well as Medicare and individual members, will receive a 50 percent premium holiday in the month of December, meaning half of their monthly premium will be waived. · The state of Minnesota, Medica's largest customer, will also receive a half-month premium holiday totaling $19 million for State Public Program premiums in 2003. · Medica is making available an affordable senior pharmacy benefit plan. The Medica Prime Solution Rx Rider will provide broad-based coverage for both generic and brand name formulary drugs with a monthly premium of $39. · Self-insured customers will receive a 50 percent administrative fee holiday for the month of December. To benefit members, Medica is expanding various health improvement programs. These include improving access to flu shots by defraying the cost of an office visit when necessary. Also included are Fit Choicess~ by Medica, a health plan feature that rewards fully insured members for healthy behavior and an expansion of our disease management programs to all commercial membership. For providers, Medica is establishing a performance-based incentive program to reward providers for increased reliance on evidence-based medicine to minimize the over-utilization, under-utilization and mis-utilization of health care resources. Medica is also funding a performance pool to reward its physician network for improvements in qualitY of care, ease of access to care, overall member satisfaction, and efficient and cost effective delivery of health care services. Medica will also make a contribution to the Medica Foundation. This funding will provide for provider quality improvement programs, work-site wellness programs and community- based health activities. These programs for providers are key to the overall effort to not only return current cost savings to customers but also to hold down the growth of medical costs in the future. Working in partnership with providers, this program will result in better patient outcomes, improved health care quality and member service, more efficient interactions between Medica and its providers, and less utilization of the system overall. "As a not-for-profit health plan, Medica is taking these steps to ensure that customers, members and providers all benefit from what has been a successful year. We will continue our efforts to control health care costs, and to reward behavior that contributes to the long- term health of the Minnesota health care system," said Tilford. Fact sheet available upon request. About Medica Medica is the leading health plan in Minnesota, with one million members, and is both non-profit and independent. Medica has been awarded the highest possible accreditation status -- "Excellent" -- by the National Committee for Quality Assurance (NCQA®) for the commercial health plans it provides to Minnesotans and North Dakotans as well as for its Medicaid lIMO plans. Medica's mission is to meet its customers' needs for health plan products and services. In doing so, Medica works with members and providers to make health care accessible, affordable and a means by which itsmembers improve their health. -4278- REPORT 0GTOBEI~ 2008, VOL. 11, ISSUE COUNCIL-MANAGER-CITIZEN RELATIONS' A CONTEMPORARY LOOK ~ b, James Br O, r In 1993, I wrote an article for PM Magazine entitled "Council-Manager Relations: Time for Adjustment, Before It Is Too Late." The article was intended to emphasize, to City Managers and Administrators the importance of recognizing and reacting to the ever changing political environments in which they operate. Looking at the expectations of the elected officials from twenty years ago as compared to today, it is apparent that more than ever, the effective man- ager is the perceptive manager that is willing to take some risks. The trend today is toward a more participatory government, one that reflects changes in society and represents what citizens now expect of their elected officials. A contemporary approach to city gover- nance pairs the Council and. Manager in an effort to meet the growing expec- tations of citizens to have a voice in local government. The Past Throughout my 35 year career as a City Manager, executive search con- sultant, and City Councilmember, I have observed what city councils expect from managers in terms of orga- nizational skills and management style. In the late 1970s and early '80s elected officials looked for managers with experience in economic development, union relations, and skills in grantsman- ship. An aura of authority and a Iow profile were desirable traits as was a steady career path and skills in working with the governing body as a single unit. By the late 1980s and early '90s, -4279- the big issues were traffic, recycling and the environment, neighborhood development, technology, goal setting and customer service. Councils sought managers with persuasive skills and high levels of energy. Skills in conflict resolution and sensitivity to political realities kept managers out of trouble. In the mid to late '90s the shift was to a visionary style of management with specific attention on long range plan- ning, development and redevelopment. Cities were providing more leisure amenities and citizens were participating in increasing numbers. Staff develop- ment became more important and effective managers were expected to share the leadership and empower the employees. Diversity, gender sensitivity and a strongly held value system were highly desirable qualities. What is Evolving Today our cities require more intellectual and creative approaches to problem solving. "Rightsizing" an organization often leads to discussions about combining services and exploring privatization options. Cities are taking a more regional approach in an attempt to economize, yet strive to keep deci- sion making local. Public Involvement While public administrators cannot take on the entire role of establishing a vision for their communities, they can push elected officials for thoughtful and continuing discussions about preparing for the future. Public participation in the planning and design of a project has become a crucial component of the economic development and continued.,. The Brimeyer Group, Inc. EXECUTIVE SEARCH TBG CONSULTING Fifty South Ninth Avenue Suite I01 Hopkins, MN 55343 · 30 OCT Ms. Kundis IIanson, Manager City of Mound 5341 Maywood Road Mound, MN 55364 I,l,t,.d,l,,,lh,lh,,h,h,,Ih Jh,l,,hj,,,IJ,h,hhd,. II THE BRIM£YER GROUP ASSIGNMENTS Recen t/Curren t: City of Faribault, MN Director of Public Works City of Park Rapids, MN Po/ice Chief Liesch Associates, MN Landfill Engineer City of Forest Lake, MN Director of Public Safety City of Mahtomedi, MN City Administrator City of West Liberty, IA City Manager Representative Searches: City of Newton, IA City Administrator City of Faribault, MN Comm. Development Dir. City of Northfield, MN Comm. Development Dir. City of Luverne, MN City Administrator East Central Solid Waste Commission, MN Executive Director Swift and Yellow Medicine Counties, MN County Engineer City of Austin, MN City A dministra tor Rice County, MN County Administrator City of Moorhead, MN City Manager City of Albert Lea, MN Housing Authority Director COUNCIL-MANAGER-CITIZEN RELATIONS: A CONTEMPORARY Look continued._ redevelopment process. An understand- ing of how to manage task forces and build public consensus are essential tools for today's public administrators. Elected officials and administrators must work together to develop a model for inclusive decision making and the man- agement of citizen opinion in a civil and ratiohal environment. The short term detriment of spending a prolonged time period to reach consensus is insignificant compared to the long term benefit of reaching a decision that is understood, accepted, and supported by the citizens. Knowing how to "sell" an idea or concept should be a required skill. The formulated ~policies then need to be clearly stated and easily understood by the voters. Public expectations and public trust will be a growing concern for public admin- istrators. The critical attitude toward government that began with Watergate has grown more intense with each new presidential controversy and has been further amplified by recent scandals in the corporate world. Because the media sees almost every conflict as a potential scandal, a good public relations approach from city hall is essential. The Internet exerts a strong influence on how people see their government. Citizens expect to access government services and information as easily as -4280- getting airline tickets online. Greater accuracy and increasing timeliness of information will be necessary. Governance Citizens have come to expect accounta- bility, participation, and a level of service that holds the line on costs. Elected officials must learn to do more with fewer resources. The solutions needed to meet these demands may be multiple, complex, and frustrating. However, with a thoughtful mission statement, a: sound governance model for making de~isibns, strong citizen participation, and a high level of trust between the elected officials and the staff, today's elected officials ma~ be proud to answer the question, "What will our successors say about the decisions we are making today?" To CONTACT LIS We invite you to visit our web site at: u;tou;.brim_qroul).com to review our current assignments or access copies of other recent Brim Reports. If you know of someone else who would like to receive copies of the Brim Report newsletter, please e-mail their name and ', address to us and we will add them to our mailing list. Contact us at: brimgroup@aol.com CITY-OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www, cityofmound.com October 23, 2003 Ms. Michelle Kaiser MetroPlains 1600 University Avenue, Suite 212 St. Paul, MN 55104 RE: Outlot C Turnover -Village by the Bay Dear Michelle: This letter is in response to the issues raised in your letter dated September 30, 2003 regarding the turnover and acceptance o£Outlot C: As previously noted in our letter of June 11, 2003, repeated requests have been made to Xcel Energy regarding the removal of this power pole and the one located along Bellaire. Xcel has iudicated they are unaware of this pole, but will review. We cannot control their timing. We have made repeated requests for them to comment, but they have yet to respond. City staff agrees that the removal of the power pole by Xcel Energy cannot be controlled by MetroPlains. As a courtesy, City staff has contacted Linda Machemel of Xcel for an update regarding this project. While this issue remains open it will not affect the turnover of'the Outlot. 2. Flannery Construction will be directed to evaluate presence of construction materials and remove by the concrete pad. This solution is acceptable to City staff. ~- 4281 -"°d pa~r Ms. Michelle Kaiser October 23, 2003 Page 2 Irrigation manuals will be turned over to the City. I have spoken with Jim lZackler and conveyed to him that Flannery Construction will be setting up a meeting with the irrigation sub-contractor. Parks Superintendent Fackler recently met with Flannery Construction and the irrigation sub-contractor. There are several issues that need to be resolved with regard to the irrigation(s) system prior to the turnover of the Outlot. As previously noted in our letter of June 11, 2003, the crack in the concrete slab at the park entrance is a result of city park equipment driving on it. We are not responsible for its repair. We can repair the slab for the city at the city's expense if so desired. Respectfully, Staff disagrees that City crews caused the crack in the concrete slab. However, we are willing to discuss the possibility of splitting the repair and/or replacement costs with MetroPlains. At our joint site meeting in May 2003, the City indicated it would take care of all overgrowth tree trimming. However, we will remove overgrowth from this tree as requested. City staff appreciates the willingness of MetroPlains to complete this activity. We have spent a lot of time this summer improving the grass in this area. The area has been top dressed and reseeded twice and continues to be fertilized. Due to the weather conditions this summer, significant, noticeable progress continues to be slow. We request that any additional work to this area wait until next spring to allow the remaining seed to germinate. We request that we sign an agreement that if the grass is still not to the satisfaction of the city by June 1, 2004, MetroPlains will be responsible for additional reseeding. City staff is supportive regarding the preparation of an agreement to. address the ground cover on the Outlot but will likely require the submittal of an escrow deposit.- -4282- Ms. Michelle Kaiser October 23, 2003 Page 3 If you have any questions regarding this letter or would like any additional information, please feel free to contact me at 952-472-3190. Community Development Director SJS . C~ Kandis Hanson, City Manager John Cameron, City Engineer Carlton Moore, Director of Public Works -4283- City of Mound Longpre Building and Land 10/28/2003 Vendor MFRA K&G STS Mound Drygoods Waldron Law Reed Business Information Hennepin County Landwehr Construction Engineer Attorney Environmental Seller Closing Publication Permit Demolition Amount $8,652.10 4,468.30 3,514.10 240,784.78 1,449.50 371.28 50.00 65,325.00 Total: $324,615.06 -4284- ~o/o~ b.oa'k..%, o',': and ~-c" Mauled ~ax _~_ ,.- and Hamard Awareness Wee,F The State Homeland Security and Emergency Management Department has announced November 3-7, 2003 to be Minnesota Winter Hazard Awareness Week. We encourage you to check out their website at www.hsem.state.mn.us for a list of daily topics and important information relevant to winters in Minnesota. We hope that you will participate and involve government, business and industry, nursing homes, schools and hospitals in this year's "Winter Hazard Awareness Week". Timothy J. Turnbull, Director -4287- MOUND PUBLIC SAFETY FACILITY TEAM MEETING November 5, 2003 AGENDA 1. Progress and Schedule Update Amcon a. Final Coat of Asphalt, Parking Lot /////3' b. NSP Underground (Power Shut ,O, ff at City Hall) c. Install Roofing r~-~: ~r., d. Wood Fencing ,i/~ , e. Furniture Order Status f. Completion Date, 2. Budget and Financial Update Amcon 3. Design Issues Miles a. Water Connections in Apparatus Bay b. Retaining Wall Stain Color ~,-,"~ c. Concrete Apron Tent Stake Elimination 4. Add Altemates Miles a. Window Awning Option - Costs b. Fire Pole c. Apparatus Bay Floor d. Kitchen Components - Dishwasher Trade/~r-,'~ ~ "~y' 5. Other/Technology Issues a. Small Appliance Purchases b. Low Voltage Wiring and Systems c. Telephone System "/? -~ d. 800 MHz Radio Installation 6. Adjourn -4288- CITY OF MOUND Meeting Minutes Mound Public Safety Facility Meeting held on 15/05/03 Date printed 11/07/03 The meeting was convened at 8:30 AM Monday, November 5, 2003 at Mound Fire Station: Present: Kandis Hanson City KH John McKinley City JM Greg Pederson City GP Miles Britz SEH MB Jim Kurtz City JK Don Geiger Amcon DG 1. Schedule: 1.1. Wear coat of asphalt scheduled for Thursday, November 13. Weather is expected to warm up next week. 1.2. Xcel set transformer on Tuesday, November 4; regular power should be on in the building by the end of the week. Removal of the last power pole will disrupt power to City Hall for a day; it will not interrupt power to the Police/Fire Station. To connect a generator to City Hall for a day would cost approximately $3,000; this could be reduced to $2,000 if the City were to supply a generator. DG to investigate if Xcel can remove this pole on a Saturday. If they can not we will look at completing this work next spring on a City holiday. If this work carries over to the spring a section of sidewalk will have to stay out, a city crew can install after the pole is removed. 1.3. We have a new shingle roofing contractor; they will start to install the roofing felts next week. The shingles have been ordered and should take approximately a week for delivery. 1.4. Installation of the wood fence posts will start on Monday. The lx boards have been ordered and are about 1% weeks out. DG to contact painter about staining fence in Maintenance Bay. The ornamental metal fence is ordered and should be delivered and installed by December 1. 1.5. The City has ordered modular furniture; installation is scheduled for December 8. 1.6. Reviewed schedule for completion of project, at this time we are on schedule for a December I completion. This week is critical to meet that date and we will have a better feel towards the middle of next week if there are any issues. 2. Budget:: 2.1. Distributed and discussed budget update. 2.2. New asphalt roofing contractor was an additional $856 above previous contract. 2.3. Current contingency balance is $105,247. 2.4. The uncommitted fund balance is $84,262; this reflects the savings in the wood and ornamental metal fences. 3. Building Design Issues: 3.1. GP to work with Bob Gamades and Allied Mechanical for the treaded connections for fire equipment in the Apparatus Bay. 3.2. MB and Trent Lugar to review stain examples for the formliner wall, staining will be complete in the Spring of 2004. They will visit the four site of dry stack limestone completed by the staining subcontractor. They will take digital photos and recommend sites for the Mound design team to review. 3.3. We will be deleting the tent stakes from the concrete apron in front of the Apparatus Bay. 3.4. DG to follow up with Hanson to complete the patching, caulking and clean up of precast. C:\Documents and Settings\Kandis Hanson\Local Budget.doc SeEings\Temporary -4289- Page 1 of 2 lnternet Files\Content. IE5\KPABW9QF\MPS 11 05 03 CITY OF MOUND Meeting he/d on 15/05/03 Date printed 11/07/03 4. Add Alternates: 4,1, SEH Architect structural engineer is currently reviewing the anchoring of the sunscreen; they are developing a new detail for anchoring the awnings withbut through bolts requiring access from the interior of the building. Hanson will have to review any revised details. 4.2. The City is coordinating the fire pole. DG to speak with the flooring contractor to install black Marmoleum under the fire pole representing a landing mat. 4,3, GP to review Delano Fire Station for example of Stonehard floor coating. GP to contact Big Lake Fire Department to discuss the Chem~Resist coating proposed by TMI coatings. DG to receive color samples and proposal from TMI. 4,4, The dishwasher list price is &17,000. The party that donated the dishwasher is acceptable to the City trading in for other equipment. He believes they should receive about $10,000 worth of equipment for the trade in. GP will pursue any additional equipment needs for the commercial kitchen and if any credit remains will investigate equipment for the Dayroom. 5. Miscellaneous Issues: 5.1. The Police Department has selected appliances for their break room and their washer/dryer. 5.2. A Iow voltage installer will be selected by the end of the week. The City is working with telephone service providers. We will need phone service by the end of the project to pass fire inspections. 5.3. JK to review Police radio needs, meeting with Action Radio. 5.4. Existing light poles removed at City Hall parking lot to be reused by the City. Next meeting will be held December 2 at 8:30. Minutes by DG. Call if any missing items or discrepancy. C:\Documents and Settings\Kandis Hanson\Local Settings\Temporary Internet Files\Content. IE5\KPABW9QF~VIPS 11 05 03 Budget. doc -4290- Mound Public Safety Facility 11/7/2003 Mound, MN Funding Source Lease Revenue bond Sale Project Funds HR^ Contingency Balance Budget - Contingency Allocation Construction Contingency - HRA interest Earned Expenditures Prolect Development Costs A/E Base Fee A/E Reimbursables Scope Change Contingency Land Costs Legal Fees/Non Bond Financing Costs/Non Bond Soft Cost - Miscellaneous to date City Road & Utility Fees (SAC) Public Utility charges Geotechnical/Environmental Services Surveying Bid Advertisement and Pnnting Lease Cost of Temporary Facility Moving Costs (two moves) Construction Testing Fumlshinqs and Equipment FFE Contingency Released for FFE Audio visual Systems Secudty and Access Systems/CCTV Telephone System Computer Network Paging System Cable TV Voice/Data Cabling Construction Cost Building Hard Costs General Conditions (Estimated) Contractors - Let Contractors - To Be Let (Estimated) Change Orders - Approved Change Orders - Pending Change Orders - General Conditions Owner Direct Purchase Contingency Released for Add Airs, Asbestos Removal Construction Manager Fee Site Improvements Demolition of Existing Removal of Well New (replacement well) Contingency - Construction Recommended Altemates Proposed Cost Savings Uncommitted Funds Total SEH SEH SEH City of Mound Kennedy/Graven Miscellaneous MCES Excel Braun MFRA To be Bid Construction Cost Sub-totals Owner To be bid To be bid To be bid To be bid To be bid To be bid To be bid Budget Work Sheet March-03 Recommended Mar 2003 5,350,000 12,478 237,522 250,000 5,"°,°°8l November-03 Budget Meeting November 2003 5,350,000 12,478 237,522 Recommended allocation 250,000 Set aside for construction 30,000 s,88o,ooo I 371,250 385,750 SEH 30,500 11,000 SEH 25,000 50,000 SEH 30,000 766 MFRA Fee to 5/1/03 2,000 2,000 Kennedy Graven 3,000 3,000 Ehlers 48,832 48,832 City of Mound - Geno 2,400 2,400 City 50,000 48,670 MFRNAmcon 8,300 9,381 Amcon 8,000 8,000 City 30,000 30,000 Amcon 47,880 47,880 City 8,000 8,000 City 0 0 Amcon 665,162 655,679 85,000 85,000 City 30,000 City 15,000 15,000 City 14,400 14,400 City 17,200 17,200 City 8,700 8,700 City 7,500 7,500 City 2,500 2,500 City 18~500 18,500 City Sub-totals 168,800 198,800 Contractors (to be bid) 4,531,968 Amcon Amc, on CM Inctuded in Building TO be bid NOT included in project Altemate #1 Sub-totals Totals (Fund Shortage) 163,825 4,396,704 18,000 52,602 38,778 (5,182) 425 28,130 4,000 128,500 128,500 Amcon Amcon 37,200 Max Steininger, 10,230 10,230 Stevens Drilling o C~ty 250,000 105,247 Amcon 106,416 In Building Hard Costs Bldg. Committee (60,754) In Building Hard Costs Amcon 5,003,560 4,941,259 $5,837,622 $5,795,738 12~478 I 84t262 I AMCON -4291 - MPS Const cost 11-05 e Const Cost 1003 (2) -4292- LAKE MINNETONKA CONSERVATION DISTRICT EWM/EXOTICS TASK FORCE AGENDA 8:30 A.M., Friday, November 14, 2003 LMCD Office 18338 Minnetonka Blvd., Deephaven 1. Introductions and Welcome 2. Review of Minutes from the 7/1103 meeting Lake Minnetonka Related Projects: · Review of 2003 EWM Harvesting Program Final Report · Review of 2003 Zebra Mussel Inspection Program Report (handout) · Other discussion 4. Agency Reports 5. Area wide lake association reports 6. Old business 7. New business 8. Adjournment -4293- DRAFT LAKE MINNETONKA CONSERVATION DISTRICT EWM/EXOTICS.TASK FORCE MINUTES 8:30 a.m., Friday, July 11, 2003 LMCD Office, 18338 Mtka Blvd., Deephaven, MN Present: Chip Welling, MN DNR; MN DNR; Jacquelyn Bacigalupi, MN DNR; John Barten, Three Rivers Park District; Sara Aplikowski, Minneapolis Park and Recreation Board; Ray Newman, U of U Fisheries; Dick Osgood, Lake Minnetonka Association (LMA); Greg Nybeck, LMCD Executive Director. Minutes. The Task Force reviewed the minutes from the 4/11/03 EWM/Exotics Task Force meeting, with two changes proposed. First, Aplikowski stated that the two references to the "City of Minneapolis" in the first paragraph on page two should be changed to "Minneapolis Park and Recreation Board". Second, Welling stated that the words "last 1980's" in the In the last sentence in the second paragraph on page two under Other Discussion should be deleted and the words "late 1990's" inserted. The Task Force accepted the minutes from the 4/11/03 EWM/Exotics Task Force meeting with the changes proposed by Aplikowski and Welling. Lake Minnetonka Related Proiects, Discussion of 2003 EWM Harvestin.q Program Mid-Season Report. Nybeck stated that the 2003 harvesting program commenced on 6/10/03 and continued on 6/11/03 with the training of the crew because the majodty of them were new to the program. The North Upper Lake Option was implemented in 2003 with only a few days cancelled due to the inclement weather and the 4th of July holiday. Through 7/2/03, the number of harvester loads for 2003 are 81.5 or approximately 5.8 per day. Through 7/2/03, the number of truck loads are 41.0 or approximately 3.0 per day. Both of these statistics are slightly down from 2002 and he attributed this to a new harvesting crew, less areas of the lake with matted milfoil, higher than normal lake levels, and longer transport times from the Phelps Bay/Enchanted Island area due to the closing of the Tuxedo Blvd. public access for the reconstruction of the bridge to Enchanted Island. The used High-Speed Transport Barge purchased this past spring is not quite up and operating and should ready to go in the near future. There have only been a few calls received from the residents on the lake this summer relating to milfoil concems. The Task Force asked for an update on milfoil growth on Libbs Lake and whether the Distdct was looking into whether to contract privately for either mechanical harvesting or chemical treatment(s). Nybeck stated that he had recently been in Libbs Lake twice to observe milfoil growth, once with Board member Van Hercke and other residents in the area and a second trip with EWM/Exotics Task Force Chair Suerth. He added that he did not believe milfoil growth during the two visits either required private harvesting or chemical treatment(s) because it was generally not matted and was not causing impediment to public navigation. He stated that he would be checking further into costs associated with private harvesting for Libbs Lake and that he would keep the Task Force informed on this topic. Update of 2003 Zebra Mussel Inspection Pm,qram. Nybeck stated that the 2003 pilot inspection program was a joint project being Conducted with the LMA, noting that it began around the Memorial Day weekend at four public accesses and is planned at least -4294- EWM/EXOTICS TASK FORCE, 771103, PAGE 2 through the Labor Day weekend. One dilemma currently being dealt with is whether the program can be adequately staffed by MN DNR inspectors to thesatisfaction of the District and the LMA. He expressed this because a number of the inspection hours being staffed for this project are being done during non- peak times on Lake Minnetonka, especially there has been little coverage on Sundays. Osgood stated that one of the incentives for the MN DNR inspectors is that they have the opportunity to have input on choosing the days and times that they work. These inspectors are required to work 20 hours during peak times and 20 hours dudng non-peak times on Lake Minnetonka. The intent of the 2003 project was to have around 60 percent coverage dudng peak periods, especially Saturdays and Sundays, and this was not currently being achieved. Welling stated that he believed it would be difficult to hire MN DNR at an average hourly rate and then to require them to work only weekends, This would make this type of job less appealing under these circumstances. Nybeck stated that the District and LMA would further define the expectations of this project and communicate them to the MN DNR. Update on 2003 sampling program to verify phosphorous content from harvested milfoil. Nybeck stated the Task Force review a memorandum from Wenck and Associates regarding the milfoil harvesting program and the amount of phosphorous removed the lake from harvested milfoil. The range of phosphorous in the Wenck and Associates memo was wide ranging from Iow to high and there was discussion on further refining this by sampling harvested milfoil in the 2003 harvested milfoil. He reported that this would be done in 2003 because the MCWD had recently contacted the District office and informed them that they would not financing the $2,000 to $3,000 to conduct this program this year. Baden stated that he would be interested to have this further refined statistical information in the future. Nybeck stated that two possible funding sources included the Exotics or Save the Lake Budgets, Other Discussion, Osgood stated that the first round of zebra mussel veliger sampling program has recently been completed, The samples have been forwarded to the laboratory and the LMA is awaiting the results. Aplikowski updated the Task Force on the 2003 harvesting program being conducted by the Minneapolis Park and Recreation Board. She reported that the budget cuts for 2003 do not allow for overtime beyond 40 hours per week. In 2002, the budget allowed for at least 60 per week. The program is also down to one harvester because the second harvester was currently down for maintenance period. She stated that growth in 2003 was not nearly as significant when compared to 2002. Agency Repo~s. Welling stated that the year in general had been relatively quiet. Applications have not been received for all 'the MN DNR cost-share dollars to manage and control milfoil. He reported that only one new infestation had been discovered in 2003, noting that this was on Howard Lake. Newman stated that curlyleaf pondweed was a bigger issue in 2003 rather than milfoil, He reported on weevil populations in 2003, noting that they were down in Cenaiko Lake, relatively high in Otter Lake, and a limited -4295- EWM/EXOTICS TASK FORCE, 7/1103, PAGE 3 amount of milfoil on Smiths Bay. Fish populations in these bodies of waters, especially sunfish, are predators that control weevil populations and should be factored in decisions on whether to augment weevils. Baden stated that he concurred with Newman that cudyleaf pondweed was a much larger problem than milfoil in 2003, especially on Medicine Lake. Bacigalupi stated that the activity in the Aquatic Plant Section was generally winding down. However, she pointed out that she had heard more about curlyleaf pondweed rather than milfoil in 2003. Area wide lake association reports There were no area wide lake association reports. .OId business. There was no old business. New business. There was no new business. Adjournment. There being no further business, the meeting was adjourned at 9:40 a.m. Respectfully Submitted, Greg Nybeck Executive Director -4296-