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2005-04-26
PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA *Consent Agen&: 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 un~ess a Cquncil Member or Citizen so requests. In that event the item will be removedpom the Consent Agenda and co~idered in normal sequence. Page 1. Call meeting to order 2. Pledge of Allegiance 3. Approve agenda, with any amendments *Consent Agenda *A. Approve minutes: April 12, 2005 regular meeting April 19, 2005 special meeting 1072-1076 1077 *B. Approve payment of claims 1078-1105 *C. Payment Requests 1. Magney Construction, Inc for $50,129.94 for work on Well #8 Pumphouse Project 2. Payment Request No. 7 from Valley Paving for $4,781.22 for work on the 2004 Street Reconstruction Project 1106-1107 1108-1109 *D. Authorize execution of purchase agreement with property owner at 2373 1110 Chateau Lane for Well #3 Water Tower Project *E. Adopt Resolution Accepting Bid for the Chateau Water Tower Project 1111-1113 *F. Adopt Resolution Committing Local Match and Authorizing Contract 1114-1117 Signature (for Lost Lake District Soils Remediation Project) * G. Approve Barr Engineering Company Work Order No. 2 in the 1118-1122 amount of $62,000 (to be reimbursed by MHRD) *H. Adopt Resolution Approving Terms of $62,000 Internal Loan (for above 1123-1125 work order #2) *I. Approve Public Gathering Permits 1. Wedding, by John A. Sulciner 2. Bass weigh-in, by Minnesota Bass Club 1126 1127 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. *J. Approve permit for Mound Fire Department Annual Fish Fry 1. License to Sell Set-Ups 2. Temporary On-Sale 3.2 Malt Liquor 3. Public Dance/Live Music *K. Set special meeting for review and action on Mound Harbor Renaissance Preliminary Plat and the Lost Lake District Development Agreement: May 31, 6:30 p.m. *L. Approve Planning Commission Cases 1. Case No. 05-09: Richard Stai 4900 Bartlett Boulevard Minor subdivision - 3 lots Recommend approval with conditions o Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker.) Award of Certificate of Achievement for Excellence in Financial Reporting for Fiscal year ended December 31, 2003 to Finance Director Gino Businaro o Proclaim May 1-May 7 Municipal Clerks Week, and recognize City Clerk Bonnie Ritter 8. Action on resolution for nuisance abatement at 3207 Devon Lane 9. Action on appeal of Meyer decision, by Ross Bingham 10. Action on Ordinance Amending Chapter 800 as it Relates to Intoxicating Liquor Licenses 11. Action on amendment to Mound American Legion Club License 12. Update on Dump Remediation Project 13. Miscellaneous/Correspondence A. Comments and questions by City Council Members B. Minutes: Lake Minnetonka Conservation District C. Correspondence: LMC Friday Fax D. Reports: Finance Department - March 2005 Update on Mobile Home Court closure 14. Adjourn This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. agendas may be viewed at City Hall or at the City of Mound web site: www. cit¥ofmound, com. 1128 1129 1130 1131-1136 1137 1138 1139-1146 1147-1172 1173-1187 1188-1192 1193-1210 1211-1215 1216-1218 1219-1220 More current meeting 2 MOUND CITY COUNCIL MINUTES APRIL 12, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 12, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise, and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Superintendent Carlton Moore, City Planner Loren Gordon, Hennepin County Assessor Philip Jensen, Mark Oslund, Dan Guyen, Seth Redfield, Mark Hanus, Alison Highberger, Denise Eng. Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which even the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeting Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledge of Alleqiance 3. Approve Aqenda Meisel requested that Item 4K be amended to add the date of June 21,2005, from 5 to 9 p.m. Beise requested the amendment of 4D from consideration of purchase agreement to consideration of resolution authorizing eminent domain. Meisel requested the addition of 4N, approval of amusement device licenses. MOTION by Osmek, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Aqenda It was noted that 4D was removed from the consent agenda and modified from consideration of purchase agreement to consideration of Resolution Authorizing Eminent Domain. MOTION by Osmek, seconded by Brown to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of March 22, 2005 regular meeting, March 29, 2005 special meeting, and March 29, 2005 special meeting. B. Approve claims in the amount of $318,857.44. 1 - 1072- Mound City Council Minutes-April 12, 2005 C. RESOLUTION NO. 05-50A: RESOLUTION ACCEPTING LIVABLE COMMUNITIES DEMONSTRATION GRANT FROM THE METROPOLITAN COUNCIL AND APPROVING GRANT D. (removed) E. RESOLUTION NO. 05-51: RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION{S) TO COUNTY, REGIONAL AND STATE AG ENClES TO REQUEST FUNDING FOR LOST LAKE SOILS REMEDIATION F. RESOLUTION NO. 05-52: RESOLUTION AUTHORIZING THE INSTALLATION OF STOP SIGNS G. Approve Transient Merchant License to Northwest Tonka Lions Club for food Vending at Music in the Park H. Approval Public Gathering Permit for Fishers of Men for Bass Weigh-In at Centerview Beach on July 16, 2005 I. Approve Change Order No. 2 for Well #8 Pumphouse Contract J. Approve "Summer Hours" for 2005 (Daylight Savings Time (Apirl 3rd) through Labor Day (September 5). K. Approve special meeting: Goal Setting Retreat- for Tuesday, June 21, 2005, from 5:00 p.m. to 9:00 p.m. L. Endorsement of 4th Annual Lake Minnetonka Association Crystal Pierz Marine Underwater Cleanup Dive and Shoreline Cleanup M. Approve Planninq Commission Cases 1. Case No. 05-07:4446/4452/4458 Denbi,qh Road: Mark and Gail Hanus, Jack and Sandy Cook, Bruce and Sharon Johnson - Subdivision Exemption - subdivision/lot combination. Recommend approval with conditions RESOLUTION NO, 05-53: RESOLUTION TO APPROVE SUBDIVISION' EXEMPTION APPLICATION FROM MARK HANUS FOR SUBDIVISION OF FORMER TAX-FORFEIT PARCEL PORTION AND COMBINATION WITH PROPERTIES LOCATED AT 4446, 4456, AND 4458 DENBIGH ROAD. PID #19-1'17-23-24-0103. P&Z CASE #05-07. 2. Case No. 05-05:1772 Shorewood Lane: Mark Osland -Variance - boathouse modifications: Recommend approval with conditions. RESOLUTION NO. 05-54: RESOLUTION APPROVING A LAKESIDE SETBACK VARIANCE FOR STRUCTURAL IMPROVEMENTS TO AN ACCESSORY STRUCTURE LOCATED AT 1772 SHOREWOOD LANE, LOT 5, BLOCK 3, SHADYWOOD POINT, PID #13-117-24-11-0033. P&Z CASE #05-05 N. Approve Amusement Device Licenses for the American Legion, V.F.W., and Dailey's Pub, contingent upon receipt of all application forms and fees. 2 - 1073- Mound City Council Minutes -April 12, 2005 4D. Consideration of Resolution Authorizing Eminent Domain Proceedin.qs Carlton Moore explained that the owner of 2373 Chateau Lane decided not to sign the proposed purchase agreement that had been negotiated for his property, which is needed for the Chateau Lane water tower improvement project. MOTION by Beise, seconded by Osmek to adopt the following resolution. The following voted in favor: Brown, Beise, Osmek and Meisel. The following voted against: Specht. Motion carried. RESOLUTION NO. 05-55: RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY AT 2373 CHATEAU LANE FOR CONSTRUCTION OF A NEW WATER TOWER FOR WELL #3. 5. Comments & suggestions from citizens present on any item not on the aqenda. Lyle Childs, 6635 Halstead Avenue, appeared before the Council to ask about the procedure involved in the closing of the trailer park where his home is located. John Dean informed him that the whole park closure and conversion to another use is covered by state statute and notice is required to be given to home owners within the park, and that notice is what Mr. Childs has received. Among the next steps will be public hearings by both the City of Minnetrista and City of Mound, because the park is located in both jurisdictions. At that hearing input will be received from individuals affected by the closure and everyone will be given an opportunity to be heard. If Mr. Childs has received an offer for his property, it is from the purchaser of the park, not from the City. The City has yet to review relocation benefit issues and determine fair relocation fees. 6. Public Hearings A. Retaining Wall Improvement Proiect 2005 - Carlton Moore reviewed the report. 1. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-56: RESOLUTION RECEIVING REPORT FOR RETAINING WALL IMPROVEMENT PROJECT 2005. 2. Public Improvement Hearing. Mayor Meisel called the hearing to order at 7:45 p.m., and upon hearing no public comment, closed the public hearing at 7:46 p.m. 3. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-57: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR RETAINING WALL IMPROVEMENT PROJECT 2005. 3 - 1 074- Mound City Council Minutes- April 12, 2005 B. Nuisance Abatement at 3207 Devon Lane Sarah Smith summarized the situation to this point. Mayor Meisel opened the public hearing at 8:48 p.m., and upon hearing no public comment, closed the public hearing at 8:49 p.m. Councilmembers agreed that the subject property is in terrible condition and needs to be cleaned up. Discussion followed as to what time restraints to put on the cleanup. MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-59: RESOLUTION TO AUTHORIZE STAFF TO ABATE UNSAFE AND NUISANCE CONDITIONS AT 3207 DEVON LANE, AND ASSESS RESULTING CHARGES AGAINST SAID PROPERTY. PID #25-117-24-11-0014. 7. Hennepin County Assessor Phil Jenson with 2005 Assessment Report Phil Jensen presented the Council with an assessment fact sheet, revaluation area map, Open Book Procedures and sales photos with characteristics from a sample of sales throughout the city. He stated that the results of property growth for the 2005 assessment areas are: Residential Off-Lake 7.6%; Residential On-Lake 15.4%; ' Commercial/Industrial 4.9%; Apartments 3.9%; Condos 5.8%; Townhouses 9.7%;~ Duplex 4.3%; and Zero-Lot Line 3.9%. It was noted that the Open Book Meeting has been scheduled for Wednesday, May 4, 2005, at 4:00 p.m. at city hall. 8. Report on Soiourner Project, Inc. Denise Eng, Community Program Manager of Sojourner Project, Inc., informed the Council of the service that Sojourner Project provides for battered women and their children in the Westonka School District area. No action needed or taken at this time. 9. Final Plat Approval for 5300 Shoreline Drive - Balboa Center Loren Gordon presented the final plat to the Council. MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-58: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE THE PROPERTY LOCATED AT 5300 SHORELINE DRIVE INTO TWO PARCELS. Case #05-t0, PID #13-117-24-34-0109. 4 - 1075- Mound City Council Minutes -April 12, 2005 10. Discussion/direction on commemorative plaque Brown asked about the feasibility of placing a memorial plaque on the retaining wall on CSAH 15 in honor of the construction worker who died during the project. Discussion followed regarding contacting the family for their thoughts, as well having a brick dedicated in the Greenway rather than on the County bridge. No action taken at this time. 11. Executive Session for City Manager's performance evaluation At 8:46 p.m. Mayor Meisel called for a ten minutes recess to be followed by executive session for discussion on the City Manager's performance evaluation. The Council reconvened after executive session. MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-60: RESOLUTION AMENDING EMPLOYEE AGREEMENT BETWEEN THE CITY OF MOUND AND CITY MANAGER, KANDIS HANSON 12. Miscellaneous/Correspondence A. Comments and questions by City Council Members B. Correspondence: City appeal letter to DNR DNR response granting variance Congressman Jim Ramstad LMCD Moody's on bond rating Paul A. Waldron & Associates, Ltd. Resident Notice - Halstead Point Manufactured Home Park Conversion C. Minutes: Docks & Commons - March 17, 2005 13. Adiourn MOTION by Osmek, seconded by Brown to adjourn at 10:15 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 5 - 1076- MOUND CITY COUNCIL MINUTES APRIL 19, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday, April 19, 2005, at 6:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise, and David Osmek. Others Present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Finance Director Gino Businaro, Community Development Director Sarah Smith, Parks Superintendent Jim Fackler, Police Chief Jim Kurtz, Fire Chief Greg Pederson, Public Works Director Carlson Moore, Public Works Superintendent Greg Skinner, and Jim Prosser of Ehlers & Associates. 1. Open Meetin.q Mayor Meisel called the meeting to order at 6:37 p.m. 2. Key Financial Strategies Study Session Jim Prosser of Ehlers and Associates reviewed spread sheet basics, strategies, implementation and rules of the proposed Key Financial Strategies Management Plan. Mayor Meisel reminded Council of the Key Financial Strategies Retreat scheduled for June 21, 2005, at the Lafayette Club, from 5:00 to 10:00 p.m. 3. Adjourn MOTION by Osmek, seconded by Brown to adjourn at 7:52 p.m. All voted in favor. Motion carried. Attest: Bonnie Rifler, City Clerk Mayor Pat Meisel - 1 077- APRIL 267 2005 CITY COUNCIL MEETING 040805SUE $10,589.14 APR 042005S U E $12,045.60 APR 042105CRCARD $4,649.71 APR 042605SUE $473,261.59 APR TOTAL $500,546.04 - 1078- City of Mound 04/15/05 2:36 PM Page 1 Payments CITY OF MOUND Batch Name 040805SUE Payments User Dollar Amt $10,589.14 Computer Dollar Amt $10,589.14 Refer 40805 CENTERPOINT ENERGY (MINNEG $0.00 In Balance Cash Payment E 222-42260-383 Gas Utilities 01-18-05 THRU 03-21-05 $2,217.65 Invoice 040805 4/8/2005 Cash Payment E 101-42110-383 Gas Utilities 01-18-05 THRU 03-21-05 $1,478.43 Invoice 040805 4/8/2005 Transaction Date 4/7/2005 Cash Payment E 222-42260-434 Conference & Training 04-16-05 FIREFIGHTER II CERTIFICATION $75.00 Invoice 040805 4/8/2005 Transaction Date 4/12/2005 Wells Fargo 10100 Total $75.00 Refer 40805 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-41910-321 Telephone & Cells 04-05 952-472-0601 $1,092.90 Invoice 040805 4/8/2005 Cash Payment E 222-42260-321 Telephone & Cells 04-05 952-472-3555 $266.47 Invoice 040805 4/8/2005 Cash Payment E 101-42110-321 Telephone & Cells 04-05 952-472-0622 $453.13 Invoice 040805 4/8/2005 Cash Payment E 101-43100-321 Telephone & Cells 04-05 952-472-0635 $543.92 Invoice 040805 4/8/2005 Cash Payment E 601-49400-321 Telephone & Cells 04-05 952-472-0635 $543.92 Invoice 040805 4/8/2005 Cash Payment E 602-49450-321 Telephone & Cells 04-05 952-472-0635 $543.92 Invoice 040805 4/8/2005 Cash Payment E 101-45200-321 Telephone & Cells 04-05 952-472-0646 $19.37 Invoice 040805 4/8/2005 Cash Payment E 609-49750-321 Telephone & Ceils 04-05 952-472-0648 $624.82 Invoice 040805 4/8/2005 Transaction Date 4/12/2005 Wells Fargo 10100 Total $4,088.45 Cash Payment G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $1,046.26 Invoice 040805 4/8/2005 Transaction Date 4/13/2005 Wells Fargo 10100 Total $1,046.26 Cash Payment E 101-42110-218 Clothing and Uniforms 01-03-05 EYE EXAM $50.00 Invoice 040805 4/5/2008 Transaction Date 4/11/2005 Wells Fargo 10100 Total $50.00 Refer 40805 NEXTEL COMMUNICATIONS (FIRE Cash Payment E 222-42260-321 Telephone & Cells 02-19-05 THRU 03-18-05 CELL PHONES $66.57 Invoice 040805 4/8/2005 Transaction Date 4/7/2005 Wells Fargo 10100 Total $66.57 Refer 40805 NEXTEL COMMUNICATIONS (POLl . Cash Payment E 101-42110-321 Telephone & Cells 02-19-05 THRU 03-18-05 CELL PHONES $520.77 Invoice 040605 4/6/2005 -1079- CITY OF MOUND Transaction Date 4/11/2005 City of Mound 04/15/05 2:36 PM Page 2 Payments Wells Fargo 10100 Total $520.77 Refer 40805 PAGEL, STUART AND GA YLE Cash Payment E 670-49500-440 Other Contractual Servic REIMBURSE LEAVE/BRUSH $19.00 Invoice 040805 4/8/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $19.00 Refer 40805 SWANSON, AMY Cash Payment G 101-21716 Flex Plan Dependents 2005 DEPENDENT CARE $965.00 Invoice 040605 4/6/2005 Transaction Date 4/12/2005 Wells Fargo 10100 Total $965.00 Refer 40805 VERIZON WIRELESS (FIRE~FIN) Cash Payment E 101-41500-321 Telephone & Cells 04-03-05 612-269-9058,BUSINARO $8.30 Invoice 040805 4/8/2005 Cash Payment E 222-42260-321 Telephone & Cells 04-03-05 612-751-3572 ENGINE #18 $0.34 invoice 040805 4/8/2005 Cash Payment E 101-41310-321 Telephone & Cells 04-03-05 612-240-5244,HANSON $53.37 invoice 040805 41812005 Transaction Date 4/12/2005 Wells Fargo 10100 Total $62.01 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 10100 Wells Fargo $6,231.45 $2,626.03 $543.92 $543.92 $624.82 $19.00 $10,589.14 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $10,589.14 $10,589.14 - 1080- CITY OF MOUND Batch Name 042005SUE Payments City of Mound Payments 04/20/05 10:05 AM Page I Current Period: April 2005 User Dollar Amt $12,045.60 Computer Dollar Amt $12,045.60 $0.00 In Balance Refer 42005 FIRE CONFERENCE FUND GRAND Cash Payment E 222-42260-434 Conference & Training Invoice 042005 4/20/2005 Transaction Date 4/20/2005 06-10-05 REGISTRATION BALANCE $560.00 Wells Fargo 10100 Total $560,00 Refer 42005 GLENWOOD INGLEWOOD Cash Payment E 101-42110-460 Janitorial Services 03-05 WATER SERVICE $60.55 Invoice 042005 4/20/2005 Transaction Date 4/19/2005 Wells Fargo 10100 Total $60,55 Refer 42005 MOUND POST OFFICE Cash Payment E 601-49400-322 Postage 04-05 UTILITY BILLING $119.91 Invoice 042005 4/20/2005 Cash Payment E 602-49450-322 Postage 04-05 UTILITY BILLING $119.90 Invoice 042005 4/20/2005 Transaction Date 4/20/2005 Wells Fargo 10100 Total $239.81 Refer 42005 NEXTEL COMMUNICATIONS (POLl _ Cash Payment E 101-42110-321 Telephone & Cells 02-27-05 THRU 03-26-05 CELL PHONE $76,74 Invoice 042005 4/20/2005 Transaction Date 4/19/2005 Wells Fargo 10100 Total $76.74 Refer 42005 SCHARBER AND SONS Cash Payment E 101-45200-500 Capital Outlay FA TORO TRACTOR $10,921,31 Invoice 042005 4/20/2005 PO 18547 Transaction Date 4/19/2005 Wells Fargo 10100 Total $10,921.31 Refer 42005 T-MOBILE CELL PHONE Cash Payment E 101-45200-321 Telephone & Cells 03-05 612-221-6813 $73.54 Invoice 042005 4/20/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $73.54 Refer 42005 VERIZON WIRELESS (PA/V) Cash Payment E 101-43100-321 Telephone & Cells 03-10-05 SHARE ACCOUNTS $47.35 Invoice 042005 4/20/2005 Cash Payment E 601-49400-321 Telephone & Cells 03-10-05 SHARE ACCOUNTS $18.94 Invoice 042005 4/20/2005 Cash Payment E 602-49450-321 Telephone & Cells 03-10-05 SHARE ACCOUNTS $47.36 Invoice 042005 4/20/2005 Transaction Date 4/19/2005 Wells Fargo 10100 Total $113.65 -1081 - City of Mound 04/20/0510:05 AM Page 2 Payments CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND Current Period: April 2005 10100 Wells Fargo $11,179.49 $560.00 $138.85 $167.26 $12,045.60 Pre-Wdtten Check Checks to be Generated by the Compute Total $0.00 $12,045.6O $12,045.60 - 1082- CITY OF MOUND Batch Name 042105CRCARD Payment City of Mound 04/21/05 9:54 AM Page 1 Payments Computer DollarAmt $4,649.71 Posted Refer 42105 ELAN CREDIT CARD Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 E 602-49450-434 Conference & Training 4/21/2005 E 601-49400-434 Conference & Training 4/21/2005 E 101-42115-210 Operating Supplies 4/21/2005 E 101-41310-434 Conference & Training 4/21/2005 E 222-42260-434 Conference & Training 4/21/2005 E 602-49450-430 Miscellaneous 4/21/2005 E 601-49400-434 Conference & Training 4/21/2005 E 601-49400-434 Conference & Training 4/21/2005 E 101-43100-434 Conference & Training 4/21/2005 E 101-43100-434 Conference & Training 4/21/2005 E 101-42110-430 Miscellaneous 4/21/2005 E 101-41310-434 Conference & Training 4/21/2005 E 101-41910-300 Professional Srvs 4/21/2005 E 601-49400-434 Conference & Training 4/21/2005 E 101-42400-430 Miscellaneous 4/21/2005 E 601-49400-434 Conference & Training 4/21/2005 E 101-43100-434 Conference & Training 4/21/2005 E 602-49450-434 Conference & Training 4/21/2005 E 601-49400-430 Miscellaneous 4/21/2005 E 101-42115-210 Operating Supplies 4/21/2005 E 222-42260-210 Operating Supplies 4/21/2005 E 222-42260-210 Operating Supplies 4/21/2005 E 222-42260-212 Motor Fuels 4/21/2005 Ck# 095112 4/21/2005 03-25-05 MPWA CONFERENCE 03-25-05 MPWA CONFERENCE 03-17-05 MENDARDS #849 CARGO BOX 03-11-05 MEDS PDN SEMINARS, WI 03-07-05 INT ASSOC FIRE CHIEFS 03-06-05 MY WEATHER 03-08-05 MRWA CONFERENCE 03-10-05 MRWA CONFERENCE 03-22-05 CONFERENCE 03-25-05 MPWA CONFERENCE 03-15-05 EBAY VEHICLE SALE 03-19-05 CONFERENCE 03-19-05 INET 03-10-05 MRWA CONFERENCE 04-02-05 JUBILEE FOODS 03-25-05 MPWA CONFERENCE 03-25-05 MPWA CONFERENCE 03-25-05 MPWA CONFERENCE 03-06-05 MY WEATHER 03-12-05 MENDARDS #849 CARGO BOX 03-23-05 RITZ CAMERA TWO CAMERAS 04-01-05 RED LAKE RETAIL GROCERIES 04-01-05 TRIANGLE STORE FUEL #26 $76.34 $60.00 $66.90 $155.00 $970.00 $1.99 $141.09 $16.93 $247.68 $60.00 $83.90 $145.60 $31.95 $313.60 $76.71 $76.33 $76.33 $60.00 $1.98 $159.92 $106.39 $55.60 $96.50 - 1083- CITY OF MOUND Cash Payment invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Cash Payment Invoice 042105 Transaction Date City of Mound 04/21/05 9:54 AM Page 2 Payments Current Period: April 2005 E 609-49750-210 Operating Supplies 03-10-05 OFFICE MAX APPLICATIONS $10.64 4/21/2005 E 101-42115-210 Operating Supplies $149.88 4/21/2005 E 101-42110-210 Operating Supplies $470.00 4/21/2005 PO 18821 E 101-42110-212 Motor Fuels $12.0t 4/21/2005 E 101-43100-430 Miscellaneous $1.98 4/21/2005 E 101-42110-431 Meeting Expense $55.07 4/21/2005 E 101-43100-212 Motor Fuels $8.58 4/21/2005 E 601-49400-212 Motor Fuels $8.58 4/21/2005 E 602-49450-212 Motor Fuels $8.59 4/21/2005 E 101-45200-210 Operating Supplies $27.95 4/21/2005 E 101-45200-218 Clothing and Uniforms $114.96 4/21/2005 E 101-42110-212 Motor Fuels $9.59 4/21/2005 E 101-42110-434 Conference & Training $182.00 4/21/2005 E 101-42110-200 Office Supplies $22,39 4/21/2005 E 222-42260-409 Other Equipment Repair 03-24-05 ZIEGLER #18 REPAIRS $486,75 4/21/2005 4/12/2005 10100 Total 03-07-05 MENARDS #849 CARGO BOX 03-08-05 GOODY SQUARE DIGITAL VOICE RECORDER 03-08-05 HOLIDAY STATION STORE 03-06~05 MY WEATHER 03-24-05 OX YOKE OFFICERS REVIEW 04-04-05 HOLIDAY STATION 04-04-05 HOLIDAY STATION 04-04-05 HOLIDAY STATION 03-12-05 CAMPBELL SUCTION FILTER 04-03-05 SPORTMART 03-15-05 SUPERAMERICA,MOUND 03-23-05 PREPLOGIC EXAMS 03-22-05 GO DRY ERASE, FL Due 0 Wells Fargo $4,649.71 - 1084- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND City of Mound 04/21/05 9:54 AM Page 3 Payments Current Period: April 2005 BATCH Total $4,649,71 10100 Wells Fargo $2,158,40 $1,715.24 $618.51 $146.92 $10.64 $4,649.71 Pre-Written Check Checks to be Generated by the Compute Total $4,649.71 $0.00 $4,649.71 - 1085- City of Mound 04/21/05 9:43 AM //////~'~'- ..... Page 1 CITY OF MOUND Batch Name 042605SUE Payments Current Period: April 2005 User Dollar Amt $473,261.59 Computer Dollar Amt $473,261.59 $0.00 In Balance Refer 42605 ADVANCED GRAPHIX, INCORPOR Cash Payment E 101-42110-404 Repairs/Maint Machinery #840 RESTRIPE LEFT SIDE Invoice 9462 4/26/2005 PO 18837 Transaction Date 4/19/2005 Wells Fargo 10100 $27.50 Total $27.50 Refer 42605 AMUNDSON, M. LLP Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $573.60 Invoice 177538 4/26/2005 Transaction Date 4/19/2005 Wells Fargo 10100 Total $573.60 Refer 42605 ARCHITECTURAL SURFACES, INC. Cash Payment E 101-41910-500 Capital Outlay FA CEILING TILES $997.48 Invoice 69991 4/26/2005 PO 18567 Transaction Date 4/19/2005 Wells Fargo 10100 Total $997.48 Refer 42605 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE $81.36 Invoice 463510213 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $81.36 Refer 42605 BARR ENGINEERING COMPANY Cash Payment G 101-22908 Mound Harbor Renaissance 02-26-05 THRU 03-25-05 MOUND HARBOR $51,097.25 RENAISSANCE Invoice #2 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $51,097.25 Refer 42605 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $880.75 Invoice 32931500 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $12.00 invoice 32902200 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$12.00 Invoice 32902100 4/26/2005 Cash Payment E 609.49750-253 Wine For Resale CREDIT-WINE -$175.50 Invoice 32807600 4/26/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,700.45 Invoice 33023700 4/26/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $479.00 Invoice 33013700 4~26~2005 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE $87.39 Invoice 39831300 4~26~2005 Cash Payment E 609-49750-253 Wine For Resale WINE $515.00 Invoice 32888200 4/26/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,251.20 Invoice 32949400 4~26~2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $6,738~29 Refer 42605 BFI OF MINNESOTA, INC. Cash Payment E 101.43100-384 Refuse/Garbage Dispos 03-05 GARBAGE SERVICE $37.19 invoice 042605 4/26/2005 - 1086- CITY OF MOUND Cash Payment Invoice 042605 Cash Payment Invoice 042605 Cash Payment Invoice 042605 Cash Payment Invoice 042605 Cash Payment Invoice 042605 Cash Payment Invoice 042605 Cash Payment Invoice 042605 Transaction Date City of Mound 04/21/05 9:43 AM Page 2 Payments Current Period: April 2005 E 601-49400-384 Refuse/Garbage Dispos 03-05 GARBAGE SERVICE $37.19 4/26/2005 E 602-49450-384 Refuse/Garbage Dispos 03-05 GARBAGE SERVICE $37.19 4/26/2005 E 101-43100-384 Refuse/Garbage Dispos 03-05 GARBAGE SERVICE FOR STREETS $22.15 4/26/2005 E 609-49750-384 Refuse/Garbage Dispos 03-05 GARBAGE SERVICE $19.42 4/26/2005 E 101-45200-384 Refuse/Garbage Dispos 03-05 GARBAGE SERVICE $93.00 4/26/2005 E 222-42260-384 Refuse/Garbage Dispos 03-05 GARBAGE SERVICE $80.37 4~26~2005 E 101-42110-384 Refuse/Garbage Dispos 03-05 GARBAGE SERVICE $80.37 4/26/2005 4/11/2005 Wells Fargo 10100 Total $406.88 Refer 42605 BLACK AND DECKER SERVICE CE Cash Payment E 101-42110.430 Miscellaneous SHOE/CUTTING GUIDE,SCREWS $10.48 Invoice 02072853 4/26/2005 PO 18848 Cash Payment E 602-49450-221 Equipment Parts SHOE ASSEMBLY $18.48 Invoice 02072995 4/26/2005 PO 18848 Transaction Date 4/11/2005 Wells Fargo 10100 Total $28.96 Refer 42605 BUREAU OF CRIMINAL APPREHE Cash Payment E 101.42110.440 Other Contractual Servic 03-28-05 CJDN CONNECT CHARGE $631.58 Invoice 3939 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $631.58 Refer 42605 BURL OAKS GOLF CLUB Cash Payment E 609-49750-340 Advertising SPRING WINE TASTING $2,139.22 Invoice 042605 4/26/2005 Transaction Date 4t19/2005 Wells Fargo 10100 Total $2,139.22 Refer 42605 CARQUEST OF NAVARRE Cash Payment E 602-49450-221 Equipment Parts COPPER LUGS $2.17 Invoice N52100 4/26/2005 Cash Payment E 602-49450-221 Equipment Parts SWITCH $73.03 invoice N52099 4/26/2005 Cash Payment E 101-43100-220 Repair/Maint Supply PIGTAIL SOCKET $1.86 Invoice N51485 4/26/2005 Cash Payment E 101-43100-220 Repair/Maint Supply TURNFFAIL LAMP,PIGTAIL SOCKET $15.89 Invoice N51506 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $92.95 Refer 42605 CA T AND FIDDLE BEVERAGE Cash Payment E 609-49750-253 Wine For Resale WINE $228.00 Invoice 40644 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $228.00 Refer 42605 CENTERPOINT ENERGY (MINNEG Cash Payment E 101-45200-383 Gas Utilities 02-21-05 THRU 03-21-05 #543-000-053-000 $249.56 Invoice 042605 5/26/2005 - 1087- CITY OF MOUND City of Mound 04/21/05 9:43 AM Page 3 Payments Current Period: April 2005 Cash Payment E 101-45200-383 Gas Utilities 02-21-05 THRU 03-21-05 #543-001-095-800 $805.45 Invoice 042605 5/26/2005 Cash Payment E 101-41910-383 Gas Utilities 02-21-05 THRU 03-21-05 #543-001-853-000 $1,468.24 Invoice 042605 5/26/2005 Cash Payment E 101-43100-383 Gas Utilities 02-21-05 THRU 03-21-05 #543-001-072-603 $533.36 Invoice 042605 5/26/2005 Cash Payment E 601-49400-383 Gas Utilities 02-21-05 THRU 03-21-05 #543-001-972-603 $533.36 Invoice 042605 5/26/2005 Cash Payment E 602-49450-383 Gas Utilities 02-21-05 THRU 03-21-05 #543-001-972-603 $533.35 Invoice 042605 5/26/2005 Cash Payment E 609-49750-383 Gas Utilities 02-21-05 THRU 03-21-05 #543-004-818-801 $518.08 Invoice 042605 5/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $4,641.40 Refer 42605 CHAMPION AUTO Cash Payment E 101-45200-220 Repair/Maint Supply ADHESIVE/GREASE $34.04 Invoice D311991 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $34.04 Refer 42605 CLARK PRODUCTS, INCORPORA T Cash Payment E 101-41110-431 Meeting Expense PAPER CUPS $70.22 Invoice V525685 4/26/2005 Refer 42605 COCA COLA BOTTLING-MIDWEST Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $273.70 Invoice 81310075 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $273.70 Refer 42605 COMPUTER CHEQUE Cash Payment E 609-49750-400 Repairs & Maint Contract 03-05 CHECK VERIFICATION $109.00 Invoice 106850305 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $109.00 Refer 42605 CONSTRUCTION BULLETIN Cash Payment G 601-16300 Improvements Other Than BI 04-01-05 2355 CHATEAU WATERTOWER $135.34 Invoice 2873857 4/26/2005 Project PW0506 Cash Payment G 601-16300 Improvements Other Than BI 03-25-05 2355 CHATEAU WATERTOWER $135.34 Invoice 2857927 4/26/2005 Project PW0506 Transaction Date 4/18/2005 Wells Fargo 10100 Total $270.68 Refer 42605 COPY IMAGES, INCORPORATED Cash Payment E 101-41910-440 Other Contractual Servic 03-05 COPIER MAINTENANCE $346.80 Invoice 59146 4/26/2005 Transaction Date 4/19/2005 Wells Fargo 10100 Total $346.80 Refer 42605 CRYSTAL, CITY OF Cash Payment E 101-42110-434 Conference & Training 03-23-05 SOBRIETY/DRUG IMPAIRED $15.00 Invoice 042605 4/26/2005 PO 19003 Payment E 101-42110-434 Conference & Training Invoice 042605 4/26/2005 PO 19003 Transaction Date 4/19/2005 DRIVER,BURKE 03-23-05 SOBRIETY/DRUG IMPAIRED DRIVER, SCHWALBE Wells Fargo 10100 $15.00 Total $30.00 - 1088- City of Mound 04/21/05 9:43 AM Page 4 ..~'~"~--"~,,,,,~ ~ Payments CITY OF MOUND Refer 42605 Current Period: April 2005 CUSTOMIZED EMBROIDERY,/NC Cash Payment E 101-45200-218 Clothing and Uniforms EMBROIDER CAPS $22.50 Invoice 1027 4/26/2005 Cash Payment E 101-43100-218 Clothing and Uniforms EMBROIDER CAPS $22.50 Invoice 1027 4~26/2005 Cash Payment E 601-49400-218 Clothing and Uniforms EMBROIDER CAPS $22.50 Invoice 1027 4/26/2005 Cash Payment E 602-49450-218 Clothing and Uniforms EMBROIDER CAPS $22.50 Invoice 1027 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $90.00 Refer 42605 DAVIES WATER EQUIPMENT Cash Payment E 601-49400-220 Repair/Maint Supply METER RECEPTACLE $382.61 Invoice 3280127 4/26/2005 PO 18978 Transaction Date 4/19/2005 Wells Fargo 10100 Total $382.61 Refer 42605 DA Y DISTRIBUTING COMPANY Cash Payment E 609-49750-252 Beer For Resale BEER $853.97 Invoice 308907 4/26/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $234.75 Invoice 309430 4~26~2005 Cash Payment E 609-49750-252 Beer For Resale BEER $2,553.15 Invoice 309795 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $3,641.87 Refer 42605 DYNAMEX DELIVERS NOW Cash Payment G 101-22908 Mound Harbor Renaissance 03-23-05 DELIVERY $71.18 Invoice 1097434 4/26/2005 Cash Payment G 101-22908 Mound Harbor Renaissance 03-31-05 DELIVERY $32.70 Invoice 1099280 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $103.88 Refer 42605 E-Z RECYCLING Cash Payment E 670-49500-440 Other Contractual Servic 04-05 CURBSIDE RECYCLING $8,326.48 Invoice 7858 4/26/2005 Transaction Date 4/20/2005 Wells Fargo 10100 Total $8,326.48 Refer 42605 EARTH TECH Cash Payment G 101-22908 Mound Harbor Renaissance DOCKS/DREDGING PERMITTING $40,995.29 Invoice 342637 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $40,995.29 Refer 42605 EAST SIDE BEVERAGE Cash Payment E 609-49750-252 Beer For Resale BEER $84.00 Invoice 48186 4/26/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $2,465.25 Invoice 227118 4/26/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $84.00 Invoice 48093 4/26/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $2,231.10 Invoice 227229 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $4,864.35 Refer 42605 EHLERS AND ASSOCIATES, INC. - 1089- City of Mound 04/21/05 9:43 AM Page 5 Payments CITY OF MOUND Cash Payment Invoice 23770 Cash Payment Invoice 23769 Cash Payment Invoice 23768 Transaction Date Current Period: April 2005 E 401-46590-300 Professional Srvs 01-05 KEY FINANCIAL STRATEGIES $1,200.00 4/26/2005 G 101-22908 Mound Harbor Renaissance 4/26/2005 G 101-22908 Mound Harbor Renaissance 4/26/2005 4/20/2005 02-05 MOUND HARBOR RENAISSANCE 03-05 MOUND HARBOR RENAISSANCE Wells Fargo 10100 $23,212.50 $4,462.50 Total $28,875.00 Refer 42605 EMERGENCY AUTOMOTIVE TECH Cash Payment E 101-42110-500 Capital Outlay FA #848 CROWN VIC LIGHTBAR $4,700.74 Invoice 3314 4/26/2005 PO 18718 Cash Payment E 101-42115-210 Operating Supplies #849 EXPEDITION LIGHTS $850.00 Invoice 3314 4/26/2005 PO 18812 Transaction Date 4/11/2005 Wells Fargo 10100 Total $5,550.74 Refer 42605 EVERGREEN LAND SERVICES Cash Payment G 601-16300 Improvements Other Than BI 03-16-05 THRU 03-31-05 2355 CHATEAU $350.00 WATERTOWER Invoice 00~7025 4/26/2005 Project PW0506 Cash Payment G 101-22908 Mound Harbor Renaissance 03-31-05 MOUND HARBOR RENAISSANCE $75.00 invoice 00-7017 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $425.00 42605 G & K SERVICES Payment E 101-43100-218 Clothing and Uniforms 04-05-05 UNIFORMS $118.50 Invoice 6421269 4~26~2005 Cash Payment E 601-49400-218 Clothing and Uniforms 04-05-05 UNIFORMS $20.18 Invoice 6421269 4/26/2005 Cash Payment E 602-49450-218 Clothing and Uniforms 04-05-05 UNIFORMS $28.05 Invoice 6421269 4/26/2005 Cash Payment E 101-45200-218 Clothing and Uniforms 04-05-05 UNIFORMS $9,20 Invoice 6421269 4/26/2005 Cash Payment E 101-43100-230 Shop Materials 04-05-05 UNIFORMS $28.39 Invoice 6421269 4~26~2005 Cash Payment E 601-49400-230 Shop Materials 04-05-05 UNIFORMS $28.39 invoice 6421269 4/26/2005 Cash Payment E 602-49450-230 Shop Materials 04-05-05 UNIFORMS $28.38 Invoice 6421269 4~26~2005 Cash Payment E 222-42260-216 Cleaning Supplies 03-29-05 MATS $82.29 Invoice 6414880 4/26/2005 Cash Payment E 101-45200-223 Building Repair Supplies 03-29-05 MATS $21.31 Invoice 6414882 4/26/2005 Cash Payment E 101-41910-460 Janitorial Services 03-29-05 MATS $101.89 Invoice 6414883 4/26/2005 Cash Payment E 609-49750-460 Janitorial Services 04-12-05 MATS $59.11 Invoice 6427645 4/26/2005 Cash Payment E 101-43100-218 Clothing and Uniforms 04-12-05 UNIFORMS $51.95 Invoice 6427647 4/26/2005 Cash Payment E 601-49400-218 Clothing and Uniforms 04-12-05 UNIFORMS $20.18 Invoice 6427647 4/26/2005 Cash Payment E 602-49450-218 Clothing and Uniforms 04-12-05 UNIFORMS $28.05 invoice 6427647 4/26/2005 - 1090- CITY OF MOUND City of Mound 04/21/05 9:43 AM Page 6 Payments Current Period: April 2005 Cash Payment E 101-45200-218 Clothing and Uniforms 04-12-05 UNIFORMS $9.20 Invoice 6427647 4/26/2005 Cash Payment E 101-43100-230 Shop Materials 04-12-05 MATS $72.89 Invoice 6427647 4/26/2005 Cash Payment E 601-49400-230 Shop Materials 04-12-05 MATS $72.89 invoice 6427647 4/26/2005 Cash Payment E 602-49450-230 Shop Materials 04-12-05 MATS $72.90 Invoice 6427647 4/26/2005 Cash Payment E 101-45200-223 Building Repair Supplies 04-12-05 MATS $49.41 Invoice 6427650 4/26/2005 Cash Payment E 101-41910-460 Janitorial Services 04-12-05 MATS $78.81 Invoice 6427651 4/26/2005 Transaction Date 4/20/2005 Wells Fargo 10100 Total ~1 97 Refer 42605 GALLS, INcORp~A~T~ Cash Payment G 101-22803 Police Reserves BLANKETS, STRETCHER $38.52 Invoice 5761387400015 4/26/2005 PO 18840 Transaction Date 4/19/2005 Wells Fargo 10100 Total $38.52 Refer 42605 GARY'S DIESEL SERVICE Cash Payment E 601-49400-404 Repairs/Maint Machinery #285 EXHAUST PIPE $321.18 Invoice 66672 4/26/2005 Cash Payment E 101-43100-404 Repairs/Maint Machinery SNOWPLOW INSPECTION REQUIREMENTS $573.42 Invoice 66691 4/26/2005 Cash Payment E 101-43100-404 Repairs/Maint Machinery #181 REAR SPRING $804.38 Invoice 66728 4/26/2005 Cash Payment E 101-43100-404 Repairs/Maint Machinery #186 BRACKET $649.71 Invoice 66773 4/26/2005 Transaction Date 4/19/2005 Wells Fargo 10100 Total $2,348.69 R;f;r 42605 GLAS~L~j~ii~R~RA~E~ Cash Payment E 101-41910-401 Repairs/Maint Buildings FRONT DOORS $100.69 Invoice 10057 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $100.69 Refer 42605 G~.ENwo~ iNGLEWO~D Cash Payment E 101-43100-210 Operating Supplies 03-05 WATER SERVICE $17,34 Invoice 042605 4/26/2005 Cash Payment E 601-49400-210 Operating Supplies 03-05 WATER SERVICE $17.34 Invoice 042605 4~26~2005 Cash Payment E 602-49450-210 Operating Supplies 03-05 WATER SERVICE $17.33 Invoice 042605 4/26/2005 Cash Payment E 101-41310-210 Operating Supplies 03-05 WATER SERVICE $6.71 Invoice 042605 4/26/2005 Cash Payment E 101-41910-210 Operating Supplies 03-05 WATER SERVICE $124.73 Invoice 042605 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $183.45 Cash Payment Invoice 1529 Transaction Date E 101-42110-210 Operating Supplies 4/26/2005 PO 18821 4/19/2005 FOOT PEDAL FOR TRANSCRIBING $470,00 - 1091 - City of Mound 04/21/05 9:43 AM /'~' ....... Page 7 / ~ Payments CITY OF MOUND Refer 42605 Cash Payment Invoice 72115 Transaction Date 4/19/2005 Wells Fargo 10100 Total $299.75 Refer 42605 GRIGGS COOPER AND COMPANY Cash Payment E 609-49750-253 Wine For Resale WINE $414.25 Invoice 214886 4~26~2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,198.30 Invoice 214885 4~26~2005 Cash Payment E 609-49750-253 Wine For Resale WINE $2,868.25 Invoice 218103 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1,207.21 invoice 218102 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $5,688.01 Refer 42605 HECKSEL MACHINE SHOP Cash Payment G 101-22803 Police Reserves SKATE PARK $3,000.00 Invoice 60416 4/26/2005 Transaction Date 4/19/2005 Wells Fargo 10100 Total $3,000.00 Refer 42605 HENNEPIN COUNTY INFORMA TIO Cash Payment E 101.42110-418 Other Rentals 03-05 RADIO LEASE $1,393.94 Invoice 25038028 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $1,393.94 Refer 42605 HENNEPIN COUNTY PUBLIC REC Cash Payment E 602.49450-455 Permits 1910 COMMERCE UTILITY PERMIT $50.00 invoice UTIL00533 4/26/2005 Transaction Date 4/12/2005 Wells Fargo 10100 Total $50.00 Refer 42605 HOHENSTEINS, INCORPORATED Cash Payment E 609.49750-252 Beer For Resale BEER $330.95 Invoice 356191 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $330.95 Refer 42605 HOMOLA, STEVE Cash Payment G 101-22957 2420 Westedge #03-37 Horn REDUCE ESCROW $24,856.25 Invoice 042605 5/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $24,856.25 Refer 42605 INFRATECH Cash Payment E 602-49450-220 Repair/Maint Supply REPAIR COLOR CAMERA $406.45 Invoice 0501370 4/26/2005 Cash Payment E 602-49450-220 RepaidMaint Supply MINI MAINLINE ENCODER CABLE $51.89 Invoice 0501369 4/26/2005 Cash Payment E 602-49450-220 RepaidMaint Supply REDLINE CONCRETE,ETC $569.78 Invoice 0501457 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $1,028.12 Refer 42605 JOHNS VARIETY AND PETS Cash Payment E 101-41910-440 Other Contractual Servic PLANTS $62.50 invoice 0175717 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $62.50 Current Period: April 2005 GRAPE BEGINNINGS, INCORPOR E 609-49750-253 Wine For Resale WINE $299.75 4/26/2005 - 1092- City of Mound 04/21/05 9:43 AM Page8 Payments CITY OF MOUND Refer 42605 JOHNSON BROTHERS LIQUOR Cash Payment E 609-49750-253 Wine For Resale CREDIT--WINE -$38.60 Invoice 276958 4/26/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $44.28 Invoice 1880350 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $304.59 Invoice 1880351 4/26/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,013.54 Invoice 1880352 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1,973.00 Invoice 1880353 4/26/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $384.14 Invoice 1883735 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $908.85 Invoice 1883736 4/26/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $560.40 Invoice 1883737 4/26/2005 Cash Payment E 609~49750-254 Soft Drinks/Mix For Resa MIX $214.75 Invoice 1883738 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $401.50 Invoice 1883739 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $5,766.45 Refer 42605 JUBILEE FOODS Cash Payment E 101-41110-430 Miscellaneous 04-14-05 COUNCIL COOKIES $42.84 Invoice 042605 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $42.84 Refer 42605 KENNEDYAND GRAVEN Cash Payment G 101-22908 Mound Harbor Renaissance 03-05 MOUND HARBOR RENAISSANCE $1,485.00 Invoice 042605 4/26/2005 Cash Payment G 101-22908 Mound Harbor Renaissance 03-05 MOUND HARBOR RENAISSANCE $9,754.09 Invoice 042605 4/26/2005 Cash Payment E 401-46377-300 Professional Srvs 03-05 CTY RD 15 REALIGHNMENT $496.46 Invoice 042605 4/26/2005 Cash Payment E 101-41600-300 Professional Srvs 03-05 DREAMWOOD LAWSUIT $276.00 Invoice 042605 4/26/2005 Cash Payment E 401-43100-300 Professional Srvs 03-05 SKAALERUD LOT SURVEY $84.00 Invoice 042605 4/26/2005 Cash Payment G 101-23015 Halstead Pointe #04-35 Prepl 03-05 HALSTEAD PO INTE LLC $30.00 Invoice 042605 4/26/2005 Cash Payment E 401-45200-300 Professional Srvs 03-05 MARINA PROJECT $198.00 Invoice 042605 4/26/2005 Project 00002 Cash Payment E 401-43103-300 Professional Srvs 03-05 2005 STREET RECONSTRUCTION $384.84 Invoice 042605 4/26/2005 Cash Payment G 101-22908 Mound Harbor Renaissance 03-05 MOUND HARBOR RENAISSANCE $3,430.00 Invoice 042605 4/26/2005 Cash Payment E 101-41600-300 Professional Srvs 03-05 EXEUCTIVE $1,038.00 Invoice 042605 4/26/2005 Cash Payment E 101-41600-300 Professional Srvs 03-50 ADMINISTRATIVE $122.O0 Invoice 042605 4/26/2005 - 1093- City of Mound 04/21/05 9:43 AM Page 9 Payments CITY OF MOUND Cash Payment E 101-41600-314 Legal P/W 03-05 MISC PUBLIC WORKS $1,368.00 Invoice 042605 4/26/2005 Cash Payment G 101-23039 4900 Bartlett Blvd #05-09 03-05 4900 BARTLETT BLVD #05-09 $15.00 Invoice 042605 4/26/2005 Cash Payment G 101-23111 Balboa Mini-Storage 03-05 BALBOA MINI STORAGE $36.00 Invoice 042605 4/26/2005 Cash Payment E 101-41600-316 Legal P & I 03-05 SUBMITTED TO SMITH $255.00 Invoice 042605 4/26/2005 Transaction Date 4/20/2005 Wells Fargo 10100 Total $18,972.39 Cash Payment Invoice 40905 Cash Payment Invoice 042605 Cash Payment Invoice 042605 Cash Payment Invoice 042605 Cash Payment Invoice 042605 Transaction Date Refer 42605 LAKER NEWSPAPER E 401-43110-300 Professional Srvs $61.87 4/26/2005 G 101-22908 Mound Harbor Renaissance $169.15 4/26/2005 E 601-49400-351 Legal Notices Publishing $348.25 4/26/2005 E 101-41110-351 Legal Notices Publishing $41.79 4/26/2005 E 609-49750-340 Advertising $532.80 4/26/2005 4/12/2005 Wells Fargo 10100 Total $1,153.86 04-09-05 RETAINING WALL IMPROVEMENT Project PW0502 04-12-05 PUBLIC HEARING 04-16-05 2004 DRINKING WATER REPORT 04-16-05 COMP PLAN 03-19-05 WINE TASTING Refer 42605 LA WSON PRODUCTS, INC Cash Payment E 101-43100-230 Shop Materials NON-FLAME PENTRTNG OIL $33.40 Invoice 3094208 4/26/2005 Cash Payment E 601-49400-230 Shop Materials NON-FLAME PENTRTNG OIL $33.40 Invoice 3094208 4/26/2005 Cash Payment E 602-49450-230 Shop Materials NON-FLAME PENTRTNG OIL $33.41 Invoice 3094208 4/26/2005 Cash Payment E 101-43100-230 Shop Materials CIRCULAR CUTTING SAW $0.00 invoice 3078976 4/26/2005 Cash Payment E 101-43100-230 Shop Materials NYLON CABLE TIES,MINI BULBS,ETC $115.89 Invoice 3107014 4/26/2005 PO 18893 Cash Payment E 601-49400-230 Shop Materials NYLON CABLE TIES, MINI BULBS,ETC $115.89 Invoice 3107014 4/26/2005 PO 18893 Cash Payment E 602-49450-230 Shop Materials NYLON CABLE TIES, MINI BULBS,ETC $115.89 Invoice 3107014 4/26/2005 PO 18893 Transaction Date 4/11/2005 Wells Fargo 10100 Total $447.88 Rear 42605 Cash Payment Invoice 18946 Cash Payment Invoice 18946 Cash Payment Invoice 18946 Cash Payment Invoice 18946 Cash Payment Invoice 18946 LEAGUE MN CITIES INSURANCE T E 101-41110-361 General Liability Ins 4/26/2005 E 101-41310-361 General Liability Ins 4/26/2005 E 101-41500-361 General Liability Ins 4/26/2005 E 101-41600-361 General Liability Ins 4/26/2005 E 101-41910-361 General Liability Ins 4/26/2005 GEN LIABILITY iNS GEN LIABILITY INS GEN LIABILITY INS GEN LIABILITY INS GEN LIABILITY INS $3,148.03 $852.89 $1,102.05 $201.24 $445.61 - 1094- City of Mound 04/21/05 9:43 AM Page 10 Payments CITY OF MOUND Cash Payment E 101.42110-361 General Liability Ins GEN LIABILITY INS $6,348.77 Invoice 18946 4/26/2005 Cash Payment E 101-42115-361 General Liability ins GEN LIABILITY INS $95.83 Invoice 18946 4/26/2005 Cash Payment E 101.42400-361 General Liability Ins GEN LIABILITY INS $1,102.05 Invoice 18946 4/26/2005 Cash Payment E 101-43100-361 General Liability Ins GEN LIABILITY INS $6,626.68 Invoice 18946 4/26/2005 Cash Payment E 101-45200-361 General Liability Ins GEN LIABILITY INS $1,494.96 invoice 18946 4/26/2005 Cash Payment E 222.42260-361 General Liability Ins GEN LIABILITY INS $8,011.43 Invoice 18946 4~26~2005 Cash Payment E 281.45210-361 General Liability Ins GEN LIABILITY INS $886.43 Invoice 18946 4/26/2005 Cash Payment E 601-49400-361 General Liability Ins GEN LIABILITY INS $6,406.27 Invoice 18946 4~26~2005 Cash Payment E 602.49450-361 General Liability Ins GEN LIABILITY INS $6,406.28 Invoice 18946 4~26~2005 Cash Payment E 609.49750-361 General Liability Ins GEN LIABILITY INS $11,825.48 Invoice 18946 4~26~2005 Transaction Date 4/12/2005 Wells Fargo 10100 Total $54,954.00 Refer 42605 LHB ENGINERS AND ARCHITECTS Cash Payment G 101-22908 Mound Harbor Renaissance 03-05 MOUND HARBOR RENAISSANCE $8,415.85 Invoice 0000006 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $8,415.85 Refer 42605 MARK VII DISTRIBUTOR Cash Payment E 609.49750-252 Beer For Resale BEER $2,583.55 Invoice 784731 4/26/2005 Cash Payment E 609.49750-252 Beer For Resale BEER $57.60 Invoice 784732 4/26/2005 Cash Payment E 609.49750-252 Beer For Resale BEER $3,167.30 Invoice 782185 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $5,808.45 Refer 42605 MATHESON CABINETS Cash Payment E 602-49450-500 Capital Outlay FA #105 VAN BENCH/COUNTER $390.00 Invoice 1077 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $390.00 Refer 42605 MCCOMBS FRANK ROOS ASSOCI Cash Payment E 427-43121-300 Professional Srvs 03-05 2005 SEAL COAT PROJECT $265.00 Invoice 50832 4/26/2005 Project 06173 Cash Payment E 101-42400-300 Professional Srvs 03-05 PLANNING MISC ENGINEERING $212,00 Invoice 50833 Project 08901 Cash Payment E 101.42400-300 Professional Srvs 03-05 ZONING MISC ENGINEERING $212.00 Invoice 50834 4/26/2005 Project 08902 Cash Payment E 101.43100-300 Professional Srvs 03-05 STREETS MISC ENGINEERING $159.00 Invoice 50835 4/26/2005 Project 08903 Cash Payment E 601-49400-300 Professional Srvs 03-05 WATER MISC ENGINEERING $238.50 Invoice 50836-A 4/26/2005 Project 08904 - 1095- CITY OF MOUND Cash Payment Invoice 50836-B Cash Payment Invoice 50837 Cash Payment Invoice 50838 Cash Payment Invoice 50839 Cash Payment Invoice 50840 Cash Payment Invoice 50841 Cash Payment Invoice 50842 Cash Payment Invoice 50843 Cash Payment Invoice 50844 Cash Payment Invoice 50845 Cash Payment Invoice 20846 Payment Invoice 50847-A Cash Payment Invoice 50847-B Cash Payment Invoice 50848 Cash Payment Invoice 50849 Cash Payment Invoice 50850 Cash Payment Invoice 50851 Cash Payment Invoice 50852 Cash Payment Invoice 50853 Cash Payment Invoice 50854 Cash Payment Invoice 50855 Cash Payment Invoice 50856 Cash Payment Invoice 50857 Cash Payment ' Invoice 50858 Cash Payment invoice 50859 City of Mound Payments 04/21/05 9:43 AM Page 11 Current Period: April 2005 E 602-49450-300 Professional Srvs 03-05 SEWER MISC ENGINEERING Project 08904 G 101-23008 2020 Commerce Parking Lot 03-05 2020 COMMERCE PARKING 4/26/2005 Project 11894 E 401-46377-300 Professional Srvs 03-05 CTY RD 15 REALIGNMENT 4/26/2005 Project 12533 G 601-16300 Improvements Other Than BI 03-05 2355 CHATEAU WATERTOWER 4~26~2005 Project PW0506 E 455-43255-300 Professional Srvs 03-05 MCES LIFT STATION 4/26/2005 Project 13132 E 281-45210-300 Professional Srvs 03-05 DOCK LOCATION MAP 4~26~2005 Project 13223 G 601-16300 Improvements Other Than BI 03-05 WELL PUMPHOUSE 4/26/2005 E 401-46540-300 Professional Srvs 4/26/2005 E 601-49400-300 Professional Srvs 4/26/2005 G 101-22908 Mound Harbor Renaissance 4/26/2005 E 101-42400-300 Professional Srvs 4/26/2005 E 601-49400-300 Professional Srvs 4/26/2005 E 602-49450-300 Professional Srvs 4/26/2005 E 101-42400-300 Professional Srvs 4/26/2005 E 401-43104-300 Professional Srvs 4/26/2005 E 401-43110-300 Professional Srvs 4/26/2005 Project PW0505 03-05 LOST LAKE GREENWAY Project 13566 03-05 WATERMAIN REPLACEMENT Project 13681 03-05 MOUND HARBOR RENAISSANCE Project 13832 03-05 TAX FORFEIT PROPERTY Project 14000 03-05 UTILITY MAP UPDATE 03-05 UTILITY MAP UPDATE Project 14103 Project 14103 03-05 NPDES PHASE II MS4 PERMITTING Project 14137 03-05 2004 STREET RECONSTRUCTION Project 14615 03-05 2004 RETAINING WALL REPLACEMENT Project 14707 G 101-22982 5077 Shoreline Drive #04-07 03-05 5077 SHORELINE DRIVE #04-07 4/26/2005 E 675-49425-300 Professional Srvs 4/26/2005 E 401-43103-300 Professional Srvs 4/26/2005 E 601-49400-300 Professional Srvs 4/26/2005 E 101-42400-300 Professional Srvs 4/26/2005 E 101-43100-300 Professional Srvs 4/26/2005 E 101-43100-300 Professional Srvs 4/26/2005 Project 14731 03-05 STORM SEWER PROJECT Project PW0509 03-05 2005 STREET RECONSTRUCTION Project 15000 03-05 HYDRAULIC MODEL WATER Project 15113 03-05 FORWARDED TO SMITH Project 15139 03-05 FORWARDED TO MOORE Project 15155 03-05 FORWARDED TO MOORE Project 15183 G 101-23036 4944 IslandView Drive Gharri 03-05 4944 ISLANDVIEW DRIVE 4/2612005 Project 15202 E 401-43110-300 Professional Srvs 03-05 2005 RETAINING WALL REPLACEMENT 4/26/2005 Project 15229 $238.50 $726.50 $636.00 $11,559.70 $770.50 $73.00 $10,087.70 $433.40 $173.50 $159.00 $212.00 $707.75 $707.75 $862.50 $298.00 $46320 $106.00 $159.00 $12,108.64 $297.00 $148.50 $622.00 $1,002.50 $212.00 $53.00 - 1096 - CITY OF MOUND Cash Payment Invoice 50860-A Cash Payment Invoice 50860-B Cash Payment Invoice 50860-C Cash Payment Invoice 50861 Cash Payment Invoice 50862 Transaction Date City of Mound Payments 04/21/05 9:43 AM Page 12 E 101~43100-300 Professional Srvs 4/26/2005 E 601-49400-300 Professional Srvs 4/26/2005 E 602-49450-300 Professional Srvs 4/26/2005 G 101-23038 4552 Denbigh Rd #05-08 Ho 4/26/2005 G 101-23039 4900 Bartlett Blvd #05-09 4/26/2005 4/21/2005 03-05 RECORD STREET PLANS $679.00 Project 15238 03-05 RECORD STREET PLANS $679.00 Project 15238 03-05 RECORD STREET PLANS $679.00 Project 15238 03-05 4568 DENBIGH ROAD #05-08 $53.00 Project 15243 03-05 4900 BARTLETT BLVD. #05-09 $53.00 Project 15244 Wells Fargo 10100 Total $46,047.14 Refer 42605 METROPOLITAN COUNCIL ENVIR Cash Payment E 602-49450-388 Waste DisposaI-MCIS 05-05 WASTEWATER $42,762.78 Invoice 794584 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $42,762.78 Refer 42605 MINNEAPOLIS, CITY OF Cash Payment E 101-42110-434 Conference & Training APS TRAINING $240.00 Invoice 40650002326 4/26/2005 PO 18447 Cash Payment E 101-42110-440 Other Contractual Servic APRIL THRU DEC 2005 MEMBERSHIP $324.00 Invoice 40650002326 4/26/2005 PO 18447 Transaction Date 4/18/2005 Wells Fargo 10100 Total $564.00 Rear 42605 MINNESOTA, UNIVERSITY OF Cash Payment E 101-45200-434 Conference & Training 04-19-05 MUNICIPALS $17.50 Invoice 042605 4/26/2005 PO 18794 Cash Payment E 101-43100-434 Conference & Training 04-19-05 MUNICIPALS $17.50 Invoice 042605 4/26/2005 PO 18794 Cash Payment E 601-49400-434 Conference & Training 04-19-05 MUNICIPALS $17.50 Invoice 042605 4/26/2005 PO 18794 Cash Payment E 602-49450-434 Conference & Training 04-19-05 MUNICIPALS $17.50 Invoice 042605 4/26/2005 PO 18794 Cash Payment E 101-41500-434 Conference & Training 04-14-05 MUNICIPALS $70.00 Invoice 042605 4/26/2005 PO 18950 Cash Payment E 670-49500-434 Conference & Training 04-19-05 MUNICIPALS $23.33 Invoice 042605 4/26/2005 PO 18950 Cash Payment E 601-49400-434 Conference & Training 04-19-05 MUNICIPALS $23.33 Invoice 042605 4/26/2005 PO 18950 Cash Payment E 602-49450-434 Conference & Training 04-19-05 MUNICIPALS $23.34 Invoice 042605 4/26/2005 PO 18950 Cash Payment E 609-49750-434 Conference & Training 04-19-05 MUNICIPALS $70.00 Invoice 042605 4/26/2005 Cash Payment E 609-49750-434 Conference & Training 04-19-05 MUNICIPALS $70.00 Invoice 042605 4/26/2005 Cash Payment E 222-42260-434 Conference & Training 04-14-05 MUNICIPALS $70.00 Invoice 042605 4/26/2005 PO 18867 Cash Payment E 101-41500-434 Conference & Training 04-19-05 MUNICIPALS $70,00 Invoice 042605 4/26/2005 PO 189550 Cash Payment E 101-42400-434 Conference & Training 04-19-05 MUNICIPALS $70.00 Invoice 042605 4/26/2005 - 1097- City of Mound 04/21/05 9:43 AM Page 13 Payments CITY OF MOUND Transaction Date 4/12/2005 Wells Fargo 10100 Total $560.00 Refer 42605 MOORE, CARLTON Cash Payment E 101-43100-434 Conference & Training 04-13-05 MILEAGE $11.46 Invoice 042605 4/26/2005 Cash Payment E 601-49400-434 Conference & Training 04-13-05 MILEAGE $2.87 Invoice 042605 4/26/2005 Cash Payment E 602-49450-434 Conference & Training 04-13-05 MILEAGE $2.87 Invoice 042605 4/2612005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $17.20 Refer 42605 MOUND FIRE RELIEF ASSOCIA TIO Cash Payment E 895-49990-124 Fire Pens Contrib 04-05 FIRE RELIEF $9,883.33 Invoice 042605 4/26/2005 Transaction Date 4/21/2005 Wells Fargo 10100 Total $9,883.33 Refer 42605 MOUND MARKETPLACE LLC Cash Payment E 609-49750-412 Building Rentals 05-04 COMMON AREA MAINTENANCE $850.00 Invoice 042605 4/26/2005 Cash Payment E 609.49750-412 Building Rentals 2004 BUDGET RECONCILITATION $t,172.77 Invoice 042605 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $2,022.77 Refer 42605 MOUND, CITY OF Payment E 609-49750-382 Water Utilities 03-05 WATEPJSEWER $25.41 Invoice 042605 4/26/2005 Transaction Date 4/19/2005 Wells Fargo 10100 Total $25.41 Refer 42605 MUELLER, WILLIAM AND SONS Cash Payment E 101-43100-224 Street Maint Materials 03-10-05 CONCRETE $0.00 Invoice 104040 4/26/2005 Cash Payment E 101-43100-224 Street Maint Materials 03-11-05 CONCRETE $0.00 invoice 104071 4/26/2005 Cash Payment E 101-43100-224 Street Maint Materials 03-15-05 CONCRETE $0.00 Invoice 104127 4/26/2005 Cash Payment E 101-43100-224 Street Maint Materials 03-22-05 CONCRETE $564.52 Invoice 104253 4/26/2005 Transaction Date 4/12/2005 Wells Fargo 10100 Total $564.52 Refer 42605 NRG PROCESSING SOLLUTIONS L Cash Payment E 670-49500-460 Janitorial Services 03-05 LEAVE/BRUSH SERVICE $12,500.00 Invoice 58044 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $12,500.00 Refer 42605 OFFICE DEPOT Cash Payment E 101-41310-200 Office Supplies Invoice 282321456-001 4/26/2005 Cash Payment E 101-41500-200 Office Supplies Invoice 282321456-001 4/26/2005 Cash Payment E 101.42400-200 Office Supplies Invoice 282321456-001 4/26/2005 Cash Payment E 101.45200-200 Office Supplies Invoice 282321456-001 4/26/2005 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES $2.78 $2.78 $2.78 $2.78 - 1098- CiTY OF MOUND City of Mound Payments 04/21/05 9:43 AM Page 14 Current Period: April 2005 Cash Payment E 101-43100-200 Office Supplies Invoice 282321456-001 4/26/2005 Cash Payment E 609-49750-200 Office Supplies Invoice 282321456-001 4/26/2005 Cash Payment E 601-49400-200 Office Supplies Invoice 282321456-001 4/26/2005 Cash Payment E 602-49450-200 Office Supplies Invoice 282321456-001 4/26/2005 Cash Payment E 101-41110-200 Office Supplies Invoice 282321456-001 4/26/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 281765043-001 4/26/2005 Cash Payment E 281-45210-200 Office Supplies Invoice 281765043-001 4/26/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 281954858-001 4/26/2005 Cash Payment E 101-42110-200 Office Supplies Invoice 281262581-001 4/26/2005 PO 18841 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES PHOTO PAPER COLORED PAPER INK JET CARTRIDGE CD DISK PAPER,DVD,ETC $2.78 $0,96 $1.85 $1.85 $30.11 $14.27 $19,29 $15,46 $194.83 Transaction Date 4/20/2005 Wells Fargo 10100 Total $292.52 Refer 42605 PAUL A. WALDRON & ASSOCIATE Cash Payment E 101-42400-308 Building Inspection Fees 02-05-05 THRU 03-11-05 INSPECTIONS $178.04 BALANCE DUE Invoice 042605 4/26/2005 Cash Payment E 101-42400-308 Building Inspection Fees 03-12-05 THRU 04-19-05 INSPECTIONS $2,740.00 Invoice 042605 4/26/2005 Cash Payment E 101-42400-308 Building Inspection Fees 03-12-05 THRU 04-19-05 PERMIT FEES $11,987.61 Invoice 042605 4/26/2005 Cash Payment G 101-23038 4552 Denbigh Rd #05-08 Ho 03-05 4552 DENBIGH RD COMMENT FORM $40.00 Invoice 042605 4/26/2005 Cash Payment G 101-23039 4900 Bartlett Blvd #05-09 03-14-05 4900 BARTLETT BLVD. $40~00 Invoice 042605 4/26/2005 Cash Payment G 101-23041 3192 Westedge #05-11 Sub- 04-08-05 3192 WESTEDGE BLVD. $40.00 Invoice 042605 4/26/2005 Cash Payment G 101-23044 2156 Cardinal Ln #05-14 Sub 04-08-05 2156 CARDINAL LANE $40.00 Invoice 042605 4/26/2005 Transaction Date 4/20/2005 Wells Fargo 10100 Total $15,065.65 Refer 42605 PAUSTIS AND SONS WINE COMPA Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$7~91 Invoice 8065915 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $217.50 Invoice 8066398 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $209.59 Refer 42605 PEPSI-COLA COMPANY Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $43.05 Invoice 73251885 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $43.05 Refer 42605 PHILLIPS WINE AND SPIRITS, INC - 1099- City of Mound 04/21/05 9:43 AM Page 15 Payments CITY OF MOUND Current Period: April 2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,386.50 Invoice 2183998 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1,308.58 Invoice 2183999 4/26/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $112.20 Invoice 2186502 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1,093.45 Invoice 2186503 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $33.30 Invoice 2186504 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $3,934.03 Cash Payment Invoice 51394 Cash Payment Invoice 51260 Transaction Date Refer 42605 PINNACLE DISTRIBUTING E 609-49750-254 Soft Drinks/Mix For Resa MIX $294.87 4/26/2005 E 609-49750-254 Soft Drinks/Mix For Resa MIX $255~81 4/26/2005 4/18/2005 Wells Fargo 10100 Total $550.68 Refer 42605 PRESS NEWS PUBLICATIONS Cash Payment E 101-45200-351 Legal Notices Publishing 01-31-05 PSW CLASSIFIED $70.33 Invoice 02539240-001 4/26/2005 Cash Payment E 101-42400-328 Employment Advertising 03-07-05 ENGINEER CLASSIFIED $36.93 Invoice 02539240-001 4/26/2005 Cash Payment E 101.43100-328 Employment Advertising 03-07-05 ENGINEER CLASSIFIED $36.93 Invoice 02539240-001 4/26/2005 Cash Payment E 601-49400-328 Employment Advertising 03-07-05 ENGINEER CLASSIFIED $36.92 Invoice 02539240-001 4/26/2005 Cash Payment E 602-49450-328 Employment Advertising 03-07-05 ENGINEER CLASSIFIED $36.92 Invoice 02539240-001 4/26/2005 Cash Payment E 101-42400-328 Employment Advertising 03-14-05 ENGINEER CLASSIFIED $36.93 Invoice 02539240-001 4/26/2005 Cash Payment E 101-43100-328 Employment Advertising 03-14-05 ENGINEER CLASSIFIED $36,93 Invoice 02539240-001 4~26~2005 Cash Payment E 601-49400-328 Employment Advertising 03-14-05 ENGINEER CLASSIFIED $36.92 Invoice 02539240-001 4~26~2005 Cash Payment E 602-49450-328 Employment Advertising 03-14-05 ENGINEER CLASSIFIED $36,92 invoice 02539240-001 4/26/2005 Transaction Date 4/12/2005 Wells Fargo 10100 Total $365.73 Refer 42605 PROTECTION ONE Cash Payment E 101-43100.440 Other Contractual Servic 04-16-05 THRU 07-15-05 MONITORING $47,60 Invoice 042605 4/26/2005 Cash Payment E 601-49400-440 Other Contractual Servic 04-16-05 THRU 07-15-05 MONITORING $47.60 Invoice 042605 4/26/2005 Cash Payment E 602-49450-440 Other Contractual Servic 04-16-05 THRU 07-15-05 MONITORING $47.60 Invoice 042605 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $142.80 Refer 42605 QUALITY WINE AND SPIRITS Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$90,90 Invoice 531487-00 4/26/2005 -1100- CITY OF MOUND City of Mound Payments 04/21/05 9:43 AM Page 16 Current Period: April 2005 Cash Payment E 609-49750-253 Wine For Resale Invoice 532364-00 4/26/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 536030-00 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale Invoice 536574-00 4/26/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 539331-00 4/26/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 539292-00 4/26/2005 Cash Payment E 609-49750-253 Wine For Resale Invoice 539136-00 4/26/2005 Transaction Date 4/11/2005 CREDIT-WINE -$47.66 LIQUOR $650.12 WINE $237.45 LIQUOR $366.87 LIQUOR $1,474.90 WINE $1,329.36 Wells Fargo 10100 Total $3,920.14 Refer 42605 RIDGEVIEW MEDICAL, MOUND Cash Payment E 101-45200-305 Medical Services PRE-EMPLOYE, DEREK, ERVIN $152.00 Invoice 042605 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $152.00 Refer 42605 SCHARBER AND SONS Cash Payment E 101-45200-409 Other Equipment Repair FILTERS, BOLTS $103.09 invoice 02 2046205 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $103.09 Refer 42605 SEXTON, STEVE Cash Payment G 101-22975 6185 Sinclair Rd #03-46 Plat REDUCE ESCROW Invoice 042605 4/26/2005 Transaction Date 4/18/2005 Wells Fargo $4,019.00 10100 Total $4,019.00 Refer 42605 SKINNER, GREG Cash Payment E 601-49400-223 Building Repair Supplies TREADMILL Invoice 042605 4/26/2005 PO 18894 Cash Payment E 602-49450-223 Building Repair Supplies TREADMILL Invoice 042605 4/26/2005 PO 18894 Transaction Date 4/12/2005 Wells Fargo $250.00 $250.00 10100 Total $500.00 Refer 42605 ST. JOSEPH EQUIPMENT, INCORP Cash Payment E 101-43100-404 Repairs/Maint Machinery 03-31-05 SERVICE CALL $550.91 Invoice SFO2662 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $550.91 Refer 42605 STREICHER'S Cash Payment E 101-42110-210 Operating Supplies POLICE LINE TAPE $52.98 Invoice 1258941 4/26/2005 PO 18849 Transaction Date 4/18/2005 Wells Fargo 10100 Total $52.98 Refer 42605 STS CONSULTANTS Cash Payment G 101-22908 Mound Harbor Renaissance THRU 04-09-05 MOUND HARBOR $746.25 RENAISSANCE Invoice 269033 4/26/2005 Transaction Date 4/19/2005 Wells Fargo 10100 Total $746.25 Refer 42605 SUBURBAN TIRE COMPANY -1101- CITY OF MOUND City of Mound Payments 04/21/05 9:43 AM Page 17 Current Period: April 2005 Cash Payment E 101-45200-404 Repairs/Maint Machinery TIRES $253.98 Invoice 10035189 4~26~2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $253.98 Refer 42605 SUN NEWSPAPERS Cash Payment E 101-45200-328 Employment Advertising 03-09-05 THRU 03-16-05 CLASSIFIED $140,00 Invoice 760954 4/26/2005 Cash Payment E 101-43100-328 Employment Advertising 03-09-05 THRU 03-16-05 CLASSIFIED $140.00 Invoice 760954 4~26~2005 Cash Payment E 601-49400-328 Employment Advertising 03-09-05 THRU 03-16-05 CLASSIFIED $140.00 invoice 760954 4~26~2005 Cash Payment E 602-49450-328 Employment Advertising 03-09-05 THRU 03-16-05 CLASSIFIED $140.00 Invoice 760954 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $560.00 Refer 42605 THORPE DISTRIBUTING COMPAN Cash Payment E 609.49750-252 Beer For Resale BEER $0.30 invoice 368190-B 4~26~2005 Cash Payment E 609-49750-252 Beer For Resale BEER $344.00 invoice 36859 4~26~2005 Cash Payment E 609-49750-252 Beer For Resale BEER $64.00 Invoice 36836 4~26~2005 Cash Payment E 609-49750-252 Beer For Resale BEER $102.00 Invoice 36758 4/26/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $51.25 Invoice 368963 4/26/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $5,304.55 Invoice 368964 4/26/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $344.00 Invoice 36859 4/26/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $91.70 ~nvoice 369722 4/26/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $4,452.30 Invoice 369723 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $10,754.10 Refer 42605 THURK BROTHERS CHEVROLET Cash Payment E 601-49400-221 Equipment Parts #1047 BOOT $19.32 Invoice 107637 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $19.32 Refer 42605 TWIN CITY OFFICE SUPPLY Cash Payment E 101-41310-200 Office Supplies Invoice 458958-0 4/26/2005 Cash Payment E 101-41500-200 Office Supplies Invoice 458958-0 4/26/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 458958-0 4/26/2005 Cash Payment E 101-45200-200 Office Supplies Invoice 458958-0 4/26/2005 Payment E 101-43100-200 Office Supplies Invoice 458958-0 4/26/2005 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES $18,28 $18.28 $18.28 $18.28 $18.28 -1102- CITY OF MOUND City of Mound Payments 04/21/05 9:43 AM Page 18 Current Period: April 2005 Cash Payment E 609-49750-200 Office Supplies Invoice 458958-0 4/26/2005 Cash Payment E 601-49400-200 Office Supplies Invoice 458958-0 4/26/2005 Cash Payment E 602-49450-200 Office Supplies Invoice 458958-0 4/26/2005 Cash Payment E 101-41310-200 Office Supplies Invoice 458958-0 4/26/2005 Cash Payment E 101-41310-200 Office Supplies Invoice 459014-0 4/26/2005 Cash Payment E 101-41500-200 Office Supplies Invoice 459014-0 4/26/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 459014-0 4/26/2005 Cash Payment E 101-45200-200 Office Supplies Invoice 459014-0 4/26/2005 Cash Payment E 101-43100-200 Office Supplies Invoice 459014-0 4/26/2005 Cash Payment E 609-49750-200 Office Supplies Invoice 459014-0 4/26/2005 Cash Payment E 601-49400-200 Office Supplies Invoice 459014-0 4/26/2005 Cash Payment E 602-49450-200 Office Supplies Invoice 459014-0 4/26/2005 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES INKJET CARTRIDGE MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES $6.10 $12.19 $12.19 $80.56 $7.97 $7.97 $7.97 $7.97 $7.97 $2.67 $5.31 $5.31 Transaction Date 4/20/2005 Wells Fargo 10100 Total $255.58 Refer 42605 UNIFORMS UNLIMITED Cash Payment G 101-22803 Police Reserves LASER CARTRIDGES $270.78 Invoice 268067 4/26/2005 PO 19002 Cash Payment G 101-22803 Police Reserves NAME BARS $14.42 Invoice 267832 4/26/2005 PO 19001 Cash Payment G 101-22803 Police Reserves BADGE SHIELD,NAME BARS $113.10 Invoice 264463 4/26/2005 PO 18806 Cash Payment G 101-22803 Police Reserves STREETGEAR $55.50 Invoice 264462 4/2612005 PO 18695 Transaction Date 4/19/2005 Wells Fargo 10100 Total $453.80 Refer 42605 VALLEY PA VING, INCORPORATED Cash Payment E 401-43110-500 Capital Outlay FA THRU 12-31-04 REQUEST #7 $4,781.22 Invoice 042605 4/26/2005 Transaction Date 4/19/2005 Wells Fargo 10100 Total $4,781.22 Refer 42605 VILLAGE CHEVROLET Cash Payment E 601-49400-404 Repairs/Maint Machinery CORE CHARGE Invoice 418676 4/26/2005 Transaction Date 4/11/2005 Wells Fargo $24.67 10100 Total $24.67 Refer 42605 WESTONKA SEWER AND WATER, Cash Payment Invoice 30774 Cash Payment Invoice 30774 E 101-43100-230 Shop Materials 4/26/2005 E 601-49400-230 Shop Materials 4/26/2005 THREADED SWING CHECK VALVE THREADED SWING CHECK VALVE $29.78 $29.78 -1103- CITY OF MOUND City of Mound Payments 04/21/05 9:43 AM Page 19 Cash Payment E 602-49450-230 Shop Materials THREADED SWING CHECK VALVE $29.79 Invoice 30774 4/26/2005 Cash Payment E 601-49400-220 RepaidMaint Supply BALL VALVES $25.90 Invoice 30794 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $115.25 Refer 42605 WINE MERCHANTS Cash Payment E 609-49750-253 Wine For Resale WINE $1,387.25 Invoice 121356 4~26~2005 Cash Payment E 609-49750-253 Wine For Resale WINE $163.50 Invoice 121963 4~26~2005 Cash Payment E 609"49750-253 Wine For Resale CREDIT-WINE -$36.00 Invoice 24065 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $1,514.75 Refer 42605 WlNKLER, BOB Cash Payment E 101-45200-232 Landscape Material 03-14-05 WASHED SAND $368.65 Invoice 042605 4/26/2005 Transaction Date 4/19/2005 Wells Fargo 10100 Total $368.65 Refer 42605 WORLD CLASS WINES, INCORPO Cash Payment E 609-49750-253 Wine For Resale WINE $179.00 Invoice 163373 4/26/2005 Transaction Date 4/18/2005 Wells Fargo 10100 Total $179.00 Refer 42605 XCEL ENERGY E 101-43100-381 Electdc Utilities $5,138.00 4/26/2005 E 601-49400-381 Electdc Utilities $1,628.85 03-05 #51-4802601-1 STREET LIGHTS 02-21-05 THRU 03-23-05 #51-6002837-1 LIFT STATIONS 4/26/2005 E 101-43100-381 Electdc Utilities 03-05 #51-6002833-7 STREET LIGHTS $8.52 4/26/2005 E 601-49400-381 Electdc Utilities 03-05 #51-6002834-8 WELL #1 WATERTOWER $2,597.37 4/26/2005 E 101-43100-381 Electric Utilities 03-05 #51-6002836-0 STREET LIGHTS -$7~43 4~26~2005 E 101"42115-381 Electric Utilities 03-05 #51-6002835-9 SIREN ~$8.70 4/26/2005 Cash Payment Invoice 042605 Cash Payment Invoice 042605 Cash Payment Invoice 042605 Cash Payment invoice 042605 Cash Payment Invoice 042605 Cash Payment Invoice 042605 Transaction Date 4/1112005 Wells Fargo 10100 Total $9,356.61 Refer 42605 ZIEGLER, INCORPORA TED Cash Payment E 101-43100-221 Equipment Parts FILTER OIL, ELEMENTS,ETC $85.20 Invoice 00C54380 4/26/2005 Cash Payment E 601-49400-221 Equipment Pads FILTER OIL, ELEMENTS,ETC $85.20 Invoice 00C54380 4/26/2005 Transaction Date 4/11/2005 Wells Fargo 10100 Total $170.40 -1104- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 401 GENERAL CAPITAL PROJECTS 427 SEAL COAT FUND 455 TIF 1-2 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND 895 FIRE RELIEF FUND City of Mound Payments 04/21/05 9:43 AM Page 20 Current Period: April 2005 10100 Wells Fargo $246,524.88 $8,244.O9 $978.72 $21,198.63 $265.OO $770.50 $37,7O9.O4 $53,877.45 $72,801.14 $20,849.81 $159.00 $9,883.33 $473,261.59 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $473,261.59 $473,261.59 -1105- Engineering · Planning · Surveying April 15, 2005 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: Application for Payment Well #8 Pumphouse City of Mound, Minnesota MFRA #13313 Dear Ms. Hanson: In regard to the subject project we are attaching the following documents for your review and approval: 1. Three copies of Application for Payment No. 1. The amount of the payment request is $50,129.94. We have reviewed this request, find it in order and recommend payment in the above amount to the Contractor. Please sign all three copies of the application for payment. Return one to Magney Construction, Inc. along with your payment, return one to our office and keep one for your files. If you have any questions or need additional information, please call. Sincerely, Robert F. De . . RFD:jm Enclosures s&main:hMou 13313~eorrespondence~hanson4-15 15050 23rd Avenue North · Plymouth, Minnesota o 55447 phone 763/476-6010 · fax 763/476-8532 e-marl: mfra@mfra, com -1106- APPLICATION FOR PAYMENT NO. 1 To: City of Mn.nd (OWNER) From: Ma£ney Contnmtion: Inc. 1401 Park Road, Chanhasscn, MN 55317 (CONTRACTOR) Contract: General Cxmgtmction Project: Well No g Pump Hnu.~e OWNER's Contract No. ENGINEER's Project No. 13313 For Work accomplished through the date of: 3/q 1/05 1 .) Original Contract Price: 2.) Net change by Change Orders/Written Amendments (+-) 3.) Current Contract Price (1 plus 2): 4.) Total completed and stored to date: 5.) Retainage (per Agreement): 5 % of completed work $2.001.00 5 % of stored material: $ 6q7.42 Total Retainage: 6.) Total completed and stored to date less retainage (4-5) 7.) Less previous Application for Payments: 8.) DUE THIS APPLICATION (6-7) $ 728,500.00 $ 0.00 $ 5~76936 $ 50,129.94 ~ 0_00 $.5fld29..gA Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received t~om OWNER on account of Work done under the Contract referred to above have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered I through I inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment flee and clear of all Liens, security interests and encumbrances (expect such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. Dated .M.~-c.~.~':.';'2...'~'~.~ -~: :.- : : : : : : : : :::::::e' Magney Construction, Inc (contractor) '"" .. PAP. qEL.A i~) BRUEGGE~EIER I .................................. Mark Magney President Subscribed and sworn to before meflffi~ ,5/ 'ff~y')of ~ff~._~, 20(~. Notary Public ~ ]~/~ ~7/~ My Commission expires: ~ ,?// ,,g~/'?f ~ / Payment of the above AMOUNT DUE THIS APPLICATION is recommended, City of Mound (Owner) MFRA. Inc.(.Engineer) By Date By ~' i I - Date0 . ' L -Z00 -1107- Engineering · Planning · Surveying April 19, 2005 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound 2004 Street Reconstruction Project Partial Payment MFRA #14615 Dear Kandis: Enclosed is Valley Paving's Payment Request No. 7 for work completed throUgh December 31, 2004 on the subject project. The amount of this payment request is $4,781.22. Most of this payment is for extra work on the watermain replacement and is shown as Change Order No.2 on page 4. 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:jm Enclosure cc: Gino Businaro, Finance Director Carlton Moore, Public Works Director s:~main:Xmou 14615~correspondence\part pay4-19 -1108- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-marl: mfra@mfra.com -1109- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Subject: Honorable Mayor and City Council Carlton Moore, Director of Public Works April 26, 2005 Purchase Agreement for proper~y at 2373 Chateau Lane for water tower Subsequent to the City Council meeting of Apd112, 2005 the City's mai estate acquisition consultant, Evergreen Land Services, met with the pmpe~¥ owner at 2373 Chateau lane to explain the process and respond to questions regarding the acquisition. The property owner has agreed to the odginal purchase pdce offered by the City which was base on the property owners appraisal, and has signed the purchase agreement. In addition, the owner has also agreed to an occupancy agreement to allow him to remain in the property until possession on August 1, 2005 or sooner. Please refer to your council packet of Apd112, 2005 for a copy of the purchase agreement and the review letter provided by the City attorney's office. Recommendation Based on its review, Staff recommends the City Council authorize execution of the purchase agreement and occupancy agreement for 2373 Chateau Lane for the water tower improvement project. -1110- CITY OF MOUND RESOLUTION NO. 05- RESOLUTION ACCEPTING BID FOR THE CHATEAU WATER TOWER PROJECT WHEREAS, pursuant to an advertisement for bids for the Chateau Lane Water Tower Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Chicago Bridge & Iron Company Maguire Iron Caldwell Tanks $739,080.00 $755,000.00 $979,800.00 AND WHEREAS, it appears that Chicago Bridge & Iron Company of Plainfield, IL, is the lowest responsible bidder, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with Chicago Bridge & Iron Company of Plainfield, IL, for the Chateau Water Tower Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 26th day of April, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -1111- April 21, 2005 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Chateau Water Tower MFRA #12615 Dear Mayor and Council Members: Enclosed is a tabulation of the three (3) bids received on April 13, 2005 for the Chateau Water Tower Project. The bids ranged from a low of $739,080, submitted by Chicago Bridge and Iron Company, to a high of $979,800. The Engineer's estimate was $790,990 and the estimated cost used in the Feasibility Report and presented at the Public Hearing was $835,000. Chicago Bridge and Iron's bid has been checked and everything is in order. Chicago Bridge and Iron has built many tanks in the Midwest and is a very reputable company. Therefore we are recommending that a contract in the amount of $739,080 be awarded to Chicago Bridge and Iron Company. If you have any questions or need additional information, please contact us. Sincerely, MFRA Robert Dehler, P.E. RFD:jm s:Xmain:XMou12615\corres~anayor-council4-21 -1112- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-maih mfra@mfra.com -1113- CITY OF MOUND RESOLUTION NO. 05- Resolution Committing Local Match and Authorizing Contract Signature BE IT RESOLVED that the City of Mound act as the legal sponsor for project(s) contained in the Contamination Cleanup Grant Program to be submitted on May 1, 2005 and that the City Manager is hereby authorized to apply to the Department of Employment and Economic Development, the Metropolitan Council - Tax Base Revitalization Account, and the Hennepin County Environmental Response Fund for funding of this project on behalf of the City of Mound. BE IT FURTHER RESOLVED that the City of Mound has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City of Mound has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Mound may enter into an agreement with the State of Minnesota for the above- referenced project(s), and that the City of Mound certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. -1114- NOW, THEREFORE BE IT RESOLVED that the City Manager is hereby to execute such agreemems as are necessary to implement the project(s) on behalf of the applicant. The foregoing resolution was moved by Councilmember Couneilmember The following voted in the affmnative: The following voted in the negative: Adopted by the City Council this __ day of April 26, 2005 and seconded by Attest: City Clerk Bonnie Ritter Mayor Pat Meisel -1115- I CERTIFY THAT the above resolution was adopted by the of on Applicant (City Council, County Board, etc.) Date SIGNED: WITNESSED: (Authorized Official) (Signature) (Title) (Date) (Title) (Date) -1116- THIS PAGE IS INTENTIONALLY LEFT BLANK -1117- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director Apd121, 2005 Work Order No. 2 - Barr Engineering Company Summary. For review and consideration by the City Council, a copy of Work Order 2 from Barr Engineering Company associated with preparation of the grant and loan applications and the Response Action Design for the Lost Lake Dump Site and Maxwell Property has been included. Recommendation. Staff respectfully requests approval of Work Order No. 2 submitted by Barr Engineering Company for the aforementioned work. Members of the Council are advised that Staff will be present at the meeting to further discuss the project(s). -1118- Work Order No. _2_ Services to be Furnished Under This Agreement Applicable to Agreement Dated _February 8, 2005 Bsrr Engineering Co. (Barr) 4700 W. 77th Street Minnespolis, MN 55435-4803 between City of Mound 5341 Maywood Road Mound, MN 55364 Designated Representative: Don E. Richard Designated Representative: Carlton Moore I. Scope Language Barr will provide professional engineering services for Response Action Design and Planning f0~ t~e Lost Lake Dump site and Maxwell Property site, hereinafter referred to as the Sites. The planned scope of w&k for Response Action design and planning will include the following tasks: I) Grant Application Assistance Bart will assist the City of Mound in preparation of a Contamination Cleanup Grant Application for submittal to the Minnesota Department of Employment and Economic Development (DEED). Bmr will also assist thc City of Mound in preparation of a Metropolitan Council Tax Base Revitalization (TBRA) Grant Application and a Hermepin County Environmental Services Environmental Response Fund (ERF) Grant Application. 2) Woodlake Disposal Evaluation Barr will evaluate the potential to place dump material originating from the Sites into the Woodlake Sanitary Landfill Facility (SLF). The evaluation process will include reviewing existing information (e.g., drawings, borings, etc.) available from the MPCA on the proposed disposal location, meeting with the MPCA Closed Landfill Program representative to determine the disposal location and requirements for placement of dump materials, performing direct-push borings in the planned disposal location to determine the thickness of existing cover soils, and developing plans for removal of the cover soils and placement of dump materials that may be included in the Response Action Plans and Specifications. Bart will also assist the City of Mound in preparation of an agreement between the City of Mound and the MPCA for disposal of dump materials into the Woodlake SLF. 3) Response Action Design Barr will assist the City of Mound in selection of and contracting with an appropriate Subtitle D disposal facility for disposal of waste materials generated during Response Action (RA) implementation. Bmr will prepare a Response Action Plan (RAP) Addendum letter for submittal to the MPCA that will detail the planned final disposition of waste materials generated during RA implementation. Bart will also prepare a Proposed Actions letter for submittal to the MPCA that includes a statement on any association with the Sites and releases at thc Sites by thc City of Mound and the developer (MI-IR, LLC.) and a list of the actions the parties intend to take at the sites. This letter was requested by the MPCA VIC program representative for review prior to issuance of a No Association Determination to the developer. Bmr will prepare RA Plans and Specifications that will be included in the Contract Documents that will be bid by thc P:\23L27H*27\City Mound Contract\WorkOrdcr_2. doc -1119- Page 1 March 10, 2000 Version City of Mound for RAP Implementafon. Ban' will assist the City of Mound in advertising for bids, review of bids, and awarding of the contract. 4) Metropolitan Council Environmental Services (MCES) Discharge Permit Bart will prepare a M¢1~$ ~p~ial dis~hax8, l~rmit application for di~p0~l of wa~t~wam that v~ll ~ generated from RA Implementation. Bart will assist thc City of Mound in acquiring approval from thc MCES, as necessary. 5) Project Management Bart will provide project management services throughout the duration of the Response Action Design and Planning project. Project management services include client communications, preparation of subcontracts, site coordination during the Woodlake SLF cover thickness evaluation, and project budgeting and invoicing. II. Maximum Compensation and Assumptions ("Service Assumptions") Upon Which Maximum is Based Barr's services under this Work Order will not exceed a total cost of $62,000 without prior written approval by the City of Mound. The assumptions used to estimate this maximum compensation limit ("Service Assumptions") are listed below: 1) Bart will provide technical information on site contamination and response action implementation costs required for inclusion in the Grant Applications. The City of Mound and the developer will be responsible for supplying other information such as City Coundl resolutions, site valuation, financial disclosures, post- RA development, etc. 2) Barr will meet one time with MPCA Closed Landfill Program staff to gather technical information on the Woodlake SLF and discuss the planned disposal location and placement requirements. Bart will coordinate, subcontract, and supervise direct-push drilling for one 8 to 10-hour day to determine the depth of existing cover soil in the planned disposal location at Woodlake SLF. 3) Bart estimates 5 drawings will be prepared for the Plans, and will include a title sheet, an existing conditions sheet, a site plan sheet, proposed response action plan sheet, and a proposed grading plan sheet. Barr assumes an electronic CADD file base map is available from the developer's engineer (Landform) that includes a survey of existing site conditions. Specifications will be technical and will be based upon the CSI MASTERFORMAT. Specifications are planned to include 2 Divisions; Division 1 - General Requirements, and Division 2 - Site Work. 4) Barr will update the special discharge application that was submitted to MCES as part of the Test Excavation Program (Work order 1) to reflect planned RA conditions. 5) MPCA program oversight costs to review and approve submittals for the project such as the VIC Program Letters, No Association Determination, etc., for the Sites are not included in the maximum compensation limit and will result in additional cost incurred by the City of Mound. City of Mound agrees that a change to any of these Service Assumptions may necessitate a change to the compensation limit. III. Schedule and Assumptions Upon Which Schedule is Based The scoped work will begin immediately upon completion of the scope of work described in Work order No. 1. The estimated schedule for completion of the scoped work tasks is shown on the attached Figure 1. The assumptions upon which the schedule is based are listed below: P:\23~27'ff~2"~City Mound Contract\WorkOrder_2. doc -1120- Page 2 March 10, 2000 Version 1) 2) 3) The City of Mound will advertise the Response Action Contract Document for bids on May 13, 2005 and Barr's Resonsc Action Plans & Specifications are due to the City of Mound on that date. The City of Mound will award the Response Action Contract on June 14, 2005 following resolution by the City Council. Barr has no control over MCES or MPCA efforts, including the time required to review project submittals such as the discharge permit application or VIC Program Letters. ACCEPTED AND AGREED TO: BARR ENGINEERING COMPANY By: ~ Don E. Richard Title: Vice President Date: April 20, 2005 City of Mound By: Title: Date: P:\23L27W27\CRy Mound Contract\WorkOrder_2.doc -1121 - Page 3 March 10, 2000 Version -1122- 5341 MaYWood Road Mound, MN 55364 (952) 472-3190 Memorandum From: Date: Re: Honorable Mayor and City Council Sarah Smith, Comm. Dev. Director and Public Works Director Carlton Moore April 21, 2005 Barr Work Order No. 2 - Internal Loan Resolution Staff is requesting an item be added to the City Council agenda for the April 26th meeting dealing with consideration of a resolution on an internal loan for work associated with remediation of the Lost Lake Dump site. As has been explained to the Council in past matters, for situations in which it is possible that internal borrowing may be necessary to pay, on an interim basis, an obligation which will ultimately is intended to be covered with tax increment, the state laws require that the transaction be memorialized by an internal fund loan resolution. Therefore, a proposed resolution has been prepared for consideration by the City Council. -1123- CITY OF MOUND RESOLUTION NO. 05- RESOLUTION APPROVING THE TERMS OF $62,000 INTERNAL LOAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA ("CITY") AS FOLLOWS: Section 1. Background. 1.01. The HRA has requested the City for services of Barr Engineering Company, a private consultant to perform services of approved Work Order No. 2 (applicable to agreement dated Feb. 8, 2005). 1.02. The HRA has determined to repay the City for such costs consisting of up to $62,000 which will be financed on a temporary basis by the loan from Mound Water and/or Sewer Enterprise Funds, or other available city funds. Section 2. Terms of Internal Loan. 2.01. The HRA shall repay to the City fund from which the costs are initially paid, the principal amount of $62,000, or such lesser amount as was actually borrowed, together with interest on the principal amount expended accruing from the date of each initial expenditure at 2% per year. 2.02. Principal and interest ("Payments") shall be paid annually on December 31, 2006 and each December 31st thereafter to and including December 31, 2009. Payments shall be applied first to accrued interest, and then to unpaid principal. 2.03. The principal sum and all accrued interest payable under this internal loan are pre-payable in whole or in part at any time by the HRA without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment. otherwise required to be made under this internal loan. 2.04. This internal loan is evidence of an internal borrowing by the HRA. This internal loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the HRA. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this internal loan or other costs incident hereto and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this internal loan or other costs incident hereto. 2.05. The City or HRA may amend the terms of this internal loan at any time by resolution of the City Council and the HRA including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. JBD-251928vl ]. MU195-15 -1124- Section 3. Effective Date. This resolution is effective upon the date of its approval. Adopted this 26th day of April, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel SJB-203339v 1 NE136-170 2 -1125- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC GATHERING PERMIT CITy OF MOUND Use of a public park or commons by any group consisting of 15 or more individuals. Use is not to interfere with traffic and general use of the park or commons or to be beyond the ability of the police in maintaining order. NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS. Group is to remove all litter and trash and provide a deposit to insure cleaning up of the park area. PERivlIT FEE: $300/DAY ~'~eT[ cl.'ii-ot;~ Date of Use 7/&.~c.>/-...¢OO~.~ rea to be Used ime Frame ~o~ Intended Use Expected Attend~ce ~rg~lzauon Representative's Name Address Telephone No. Home: ~9~, ~ Work: c/.~"..z , Drivers License Number ~' ' c'¢.,¢2.~- r-'/',:::,2"~~ 06 "~-- ~'._% ~ Departmental. Approval CityClerk Police Dept. Park Dept. Fire DepL -1126- Rpr 21 05 05:50p Larry Krohn 50?-35?-6605 CITY OF MOUND 5341 MA~OOD ROAD MOUND, MllVN~SOTA 55364 PUBLIC GATI:iERING PERMIT Usc of a public park or commo~ by any gro-p consisting of 15 or more individu~ts. Usc is not to interfere with ~affic and general usc of the park or commons otto be beyond thc ability of the police in maintaining order. NO LIQUOR OR B~I~-R MAY BE USED IN ANY O1~ TH~ CrFY PARKS OR BUILDINGS. Group is lo remove alt litter and u'a~h and provide a deposii to insure cleaning up of thc park area~ PERMIT FEE: $300/DAY 3 Dat~ of Vs~~ CC yI, CZ'~ ;2L~0 ':' / '~ . .. '. : . ...' .' - ".' . · ::C Cle , ..."'-:.".-.' .~:~ Park D~pt~ · · -1127- $300.00 A~ F~ / Not: Tran~le:: Pma°n or Premises CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 APPLICATION FOR LICENSE TO SELL SET-UPS (Consumption & Display) *If renewal, only * items needed to be.filled in. (If no changes.from last year) Applie~mt Date of Birth: _ . ~ Sooi~l Security #: Citizen: ~'~ YES NO Drivcr'sLic.#: t~)--3(~_~--r~5~---7~)~- I~<~' Company Address: Company Officials: Refea-ences: (List three - name and address of each) zip: (D~t~ ofBir~) I ~s~ of B~) (I.~) (Date of Birth) OFFICE. USE ONLY I)opmment _Appm_ v~al (Submit memo if denied) -1128- $501day Permit Fee $25/daY Permit Fee 'for Limited to Ten Only FOu To'BeUsed: CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 TEMPORARY ON-SALE 3,2 MALT LIQIrTOR PEI~I1T Section 810.10, Subd. 2. Liability ~. (a) Prior to thc issuance of any Bca' lioensc, thc applicant shall dcmonstr~ proof of fuumoial re~x~uibm~y with r~lpud to liability impo~ by Minnesota Statutes Section 340,a. 801 to the City Ch=t and to the Commi.,mloner of Publio Safety as a oondifioa of the issuanoe or renewal of his lioense. Proof of finanoial respo~bility shall be/iven by filing a ocrtifioate that there is in effect an insurance pohoy or pool provid~ the minimu~ coverage f~ dram shop liability as r~luir~l by Minnesota Statutes, S~ction 340A.409, Subdivision 1. It is the intent of this ~t~Otl to ]'equh~ th~ minlm~ ~Ul'~//(~ co¥~ra~r~ ~ amou~t~ ~ by Minnesota law. S~tion 810:10. Subd. 1. Applio~tion Form. In the ~ of my ~plieatio~ f~ a ~nd ~x~npfion ofl~r on publi~ 1~:1 or publi~ ~ohool l~ad% the applicant ~ffi, prior to m of ~ lira, file th~ writt~ ~on~at of the owner of ~ l~d~ to ~oh u~ of Jla lmds. Date Date Approval - City Clerk Date Approval - Poli~ Dept. -1129- $100/day saoo/yr. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC DAN~'E/LIVE MUSIC PERMIT APPLICATION TIMZ PERIOD OF DANCE/LIVE MUSIC ~ (HOURS PERMITTED: Mon-Sat: 8pm-12:30~n - Smlday: 8pm- 11:30pm) CHAIRPERSO~ OR APPLICANT: ~~ ~, ~d~ ADDRESS: ~ ~ l :~e ~ ~ . HOME PHONE #: rl~a-t4q~-~-3'~- ADDRZSS: ;O~'7 ._1~~. , HOME PHONE #: WORK PHONE #: ~',~- ~7~,. -,:;Y~'~ Date wo #: c[q'~9- ~'/~ Applicant's Sisnl~b-J -' Police DePt., -1130- Executive Summary Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: April 20, 2005 SUBJECT: Minor Subdivision APPLICANT: Richard Stai CASE NUMBERS: 05-09 LOCATION: 4900 Bartlett Blvd. ZONING: R-lA Single Family Residential COMPREHENSIVE PLAN: Low Density Residential The Planning Commission reviewed this case at its April 18, 2005 meeting, making a unanimous recommendation for approval. The subdivision would create two additional parcels from the existing parcel. The Planning Commission has recommended the newly created parcels retain lot of record status on the basis of conforming with the boundaries of the "as-platted" lots. The draft Planning Commission meeting minutes are provided for the Council's review. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -1131- DRAFT EXCERPTS FROM THE PLANNING COMMISSION MEETING MINUTES April 18, 2005 Case 05-09 5900 Bartlett Blvd Minor Subdivision Loren Gordon presented 05-09, 5900 Bartlett Boulevard Item was tabled at 4/2 PC meeting at the request of the applicant. Minor Subdivision - corner of Bartlett and Norwood. Loren presented the survey and gave an overview of the case. Property includes 3 lots which are combined as 1 tax parcel. House is included on the property on Lot 9. Idea is to separate the lots as they were originally platted. Each lot meets minimum lot size of 6000. Only improvements on subject property is existing house and driveway. Good position to create new developable parcels that conform to lot sizes. Site Features: Nothing significant such as trees or wetlands. Basically has been maintained as lawn etc. Zoning: Setbacks for R-lA for "non-lot of recordJ' status if minor subdivision is approved. Hardcover is at 40 percent; 30 percent for non-lots of record. Comments from Staff. PW Director commented on utilities location(s). Information will likely be address as part of Building Permit process. In general, Staff thought the proposal was a good way to develop the property. (2) park dedication fees will be required. Loren went over list of involved conditions. Waiver vs. Minor Subdivision - with lot of record "provisions" - street unit charges and trunk water/sewer. Removal of concrete slab on neighbors property. Use of lot lines. 1. Mueller 2. Hasse. All in favor. Unanimous. MilledJorjlHasselMichaellGlistedOsmekl -1132- RESOLUTION A RESOLUTION OF THE~ CITY COUNCIL OF ~ CITY OF MOUND APPROVING A MINOR SUBDMSION FOR THE~ PROPER LOCATED AT 4900 BARTLETT BLVD. PID #13-117-24-44-0033 P & Z CASE # 05-09 WHEREAS, the applicant has submitted an application for a minor subdivision to split a parcel in to 3 lots. The parcel is located on the corner of Bartlett Blvd and NorwoodLane. The property includes lot 7, 8 and 9, Block 3, Shirley Hills Unit A. Zoning is R-lA Single Family Residential District; and, WI-W. REAS, the parcel is currently developed with a single family home, which is located on lot 9 as shown on the survey. Other property improvements include a gravel driveway that accesses Norwood Lane. There is no garage on the property. The lot and structure are conforming to all code requirements; and Wll~.REAS, the site generally slopes from east to west, providing good drainage. A few trees are scattered on the property but no significant stands are present. No wetlands are shown on the property according to National Wetland Inventory (NWI) data; and, WHEREAS, the proposed subdivision divides the parcel into the 3 originally platted lots. Each of the newly created parcels conforms to R-lA District minimums for lot area and lot size. As they are arranged, lots 8 and 9 have front yards to Bartlett Blvd. Lot 7 has Norwood Lane frontage and shares its sideyard with the rear lot lines of lots 8 and 9; and, WltE~RE~, the survey has building setbacks identified for each parcel as follows: front yard 20 feet, side yards 6 feet and rear yard 15 feet. The applicant is requesting to maintain lot of record status; and, WHEREAS, utility services are located in Norwood Lane and Bartlett Blvd. fight-of- ways. Lots 8 and 9 would have water and sanitary sewer service from Bartlett Blvd. Water and sanitary sewer services are stubbed to the property line of lot 7 from Norwood Lane mains; and, WHEREAS, the proposed subdivision would trigger park dedication requirements for 2 additional parcels at $1,100.00 per lot; and, WltEREAS, Staff has reviewed the applications and have recommended approval of the minor subdivision and approval of the variances with conditions; and, WltEREAS, the Planning Commission has reviewed the applications and has recommended unanimous approval with conditions. -1133- NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby approve the minor subdivision as requested by the applicants with the following conditions: i. The City Engineer review grading and drainage plans prior to building permit approval. 2. Drainage and utility easements shall be provided in a form so as to allow recording at Hennepin County and shall be required prior to release of resolution. All proposed legal description(s) shall be subject to review and approval by the City Engineer. 3. Water and sanitary sewer services either be installed or a financial guarantee be provided to the City in and amount to be determined by the City Engineer. 4. The Building Official review all necessary building permits. 5. Park dedication fees in the amount of $2,200.00 be paid prior to release of the Resolution for filing. 6. The applicant pay all related fees associated for the review of this application prior to release of the Resolution for filing. 7. The lot maintain lot of record status. 8. Payment of Water (WAC) and Sanitary Sewer (SAC) Access Charges of $1500.00 each prior to release of the Resolution for filing. NOW, TI~REFORE BE IT FURTItER RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby approve the minor subdivision. 2. The minor subdivision and variances are approved for the following legally described property included on Exhibit A as stated in the Hennepin County Property Information System. The foregoing resolution was moved by Councilmember Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted April 26, 2005 and seconded by . Pat Meisel, Mayor Attest: City Clerk -1134- Exhibit A Lots 7, 8 and 9, Block 3, Shirley Hills Unit A -1135- OF LOTS PROPOSED MINOR SUBDIVISION AND CERTiFiCATE OF SURVEY FOR RICHARD STAI 7, 8, & 9, BLOCK 3, SHIRLEY HILLS HENNEPIN COUNTY, MINNESOTA UNiT A 0 EXISTINC HOUSE o ,.,~J', .,. ........ ~ ................... S 89 42' 4~.",.E O ~ 1 ...... ...: ::~ ............... s ~.~s-----...t~:,.~......... i/'~ SETBACK-,--~ EXISTING LEGAL DESCRIPTION : Lots 7, 8, and 9, Block 3, SHIRLEY HILLS UNiT A PROPOSED LEGAL OESCRIPTIONS : ~! Lot 7, Block ~, SHIRLEY H'LLS UNIT Lot 8, Block , SHIRLEY HILLS UNIT ~ ¢ Lot 9, Block , SHIRLEY MILLS UNIT A EXISTING , HOUSE ~,<.900 PROPOSED GARAGE LI~'-~S \ ',, \ 9710<. SQ, \ \ o : dena[es iron marker ~ (908.3): dena[es existing spat elevation, mean sea level datum Bearings shown ore based upon an assumed datum, This survey shows the boundaries of the above described proper[y. NOTE: UTILITY INFORMATION iS the location of on exis[ing house and the proposed location of a FROM THE CITY OF MOUND. proposed garage, deck. and addition thereon. It does not purport to show any other improvements or encroachments. DEStG"~ Ri.=~ISlO DAT~ OES/2R[PTION ~ BRBNBERG AND J ~o~me ~u~di~n,a~mat J ~'~[: ~AR O ~ ?005 Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 Phone (312) 977-9700 Fax (312) 977-4806 02/04/2005 NEWS RELEASE (Chicago)--The Certificate For Information contact: Stephen Gauthier (312) 977-9700 of Achievement for Excellence in Financial Reporting has been awarded to City of Mound by the Government Finance Officers Association of the United States and Canada (GFOA) for it's comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award-winning CAFR. This has been presented to: Gino Businaro, Finance Director The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 15,000 government finance professionals with offices in Chicago, IL, and Washington, D.C. -1137- Proc amation Municipal Clerks Week May 1 through May 7, 2005 WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants, and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rending equal service to all, and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community, and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and annual meetings of their state, province, county and international professional organizations, and WHEREAS, it is most appropriate that we recognizes the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Pat Meisel, Mayor of the City of Mound, do recognize the week of May 1 through May 7, 2005, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Bonnie Ritter, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Dated this 26th day of April, 2005. Mayor Pat Meisel -1138- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To-' From: Date: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director April 21, 2005 3207 Devon Lane- Nuisance Abatement Background At its August 12, 2005 meeting, the City Council discussed the property located at 3207 Devon Lane and deemed the property to be in violation of the City Code Chapter 1000 due to nuisance conditions including building code and exterior storage issues. The City Council directed Staff to prepare a resolution to abate the nuisance and recoup all incurred costs in the event the nuisance conditions have not been addressed by April 27, 2005 at 8:00 AM. Specifically, the following corrective measures were referenced: Any and/or all openings on the existing structure need to be closed and the building properly secured. 2. All debris on the property must be cleaned-up. Additionally, the City Council ordered a health inspection be done by the City's Building Official. Update Property Condition. Please refer to the memorandum and photo from Community Service Officer Wocken regarding the status of the property dated April 20, 2005. In summary, the property has been cleaned-up however (3) openings remain unsecured. CSO Wocken will be conducting a site inspection prior to the April 26, 2006 Council meeting to evaluate satisfaction of the corrective measures. Therefore, additional information on this matter will be provided at the meeting. Health Inspection. As directed by the Council, a health inspection of the property and structure was done by Building Official Dean Mau on April 20, 2005. Members of the City Council are advised that no vermin or other health related issues were identified. -1139- Notification As set forth in City Code Chapter 1000.25, the property owner(s) per Hennepin County tax records were provided written notice regarding the 4/26 City Council meeting on April 15, 2005 by US Mail and Certified Mail. Additionally, a copy of the notice was forwarded electronically and was also posted on the property. Members of the City Council are advised that the copy forwarded by US Mail was retumed on Monday, April 18, 2005. Additionally, the (2) copies send by Certified Mail were returned on Tuesday, April 19, 2005. Be advised, however, that Staff personally hand delivered the original mailed notice to the owner on Wednesday, April 20, 2005. Requested Action A resolution to abate the nuisance conditions including reimbursement of all involved costs to date has been prepared for consideration/action in the event the corrective measures as contained in the April 15th notice have not been satisfactorily resolved by 8:00 AM on Wednesday, April 27, 2005. To date, the cost(s) incurred by the Mound Police Depamnent is $111.40 and the costs associated with the pending health inspection from Waldron & Associates is $120.00. In the event the aforementioned fees are not paid they will be assessed to the property. · Page 2 -1140- CITY OF MOUND RESOLUTION NO. 05-59 DRAFT RESOLUTION TO AUTHORIZE STAFF TO ABATE UNSAFE AND NUISANCE CONDITIONS AT 3207 DEVON LANE, AND ASSESS RESULTING CHARGES AGAINST SAID PROPERTY PID #25-117-24-11-0014 WHERES, it was determined by the Mound Police Department that at 3207 Devon Lane, violations of City Code Subsection 350.710 Exterior Storage, and Subsection 1000.05A Public Nuisances Affecting Health were occurring; and WHEREAS, the Police Department has been working with the property owner to attempt to get them to make the property comply with the City Code; and WHEREAS, the property owner has not satisfactorily addressed the nuisance issues as directed by the City Council at its April 12, 2005 meeting; and WHEREAS, the property owner has been given due notice according to City Code Subsection 1000.25; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to authorize City Staff to have the unsafe and nuisance conditions at 3207 Devon Lane abated and authorize the assessment of charges incurred to abate such conditions against the subject property if not corrected by 8:00 a.m. on April 27, 2005, to the satisfaction of City Staff. BE IT FURTHER RESOLVED, by the City Council of the City of Mound, Minnesota that the applicant shall be responsible for reimbursement of $231.40 in City costs associated with the abatement of the nuisance conditions in the event that the property condition issues have been abated in advance of the April 27, 2005 deadline. Adopted by the City Council this 26h day of April, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -1141- 3207 Devon Lane Update of condition of property As of 8:00 a.m. on April 21, 2005, the exterior of the property has been cleaned up, to the point where the only issues of exterior storage is a stack of 3 or 4 bundles of shingles sitting behind the trailer(in the driveway) and a couple of bags of leaves located on the side of the house. There are only 3 openings to the house that remain. The rest have been covered with plywood. I will be out to the property on Tuesday morning April 26, to update the Council, if any changes have occurred. Pictures attached. Respectfully, Mike Wocken Community Service Officer -1142- O~d- ¢/-- ,~5' ¢¢,~¢ ,k./'-1143- Page 1 of 1 Sarah Smith From: To: Cc: Sent: Subject.' "Dean Mau" <DMau@paulwaldronassociates.com> <SarahSmith@cityofmound.com> "Dawn Pistulka" <dpistulka@paulwaldronassociates.com> Thursday, April 21,2005 3:55 PM 3207 Devon Lane April 21,2005 Sarah Smith Community Development Director City of Mound Sarah: The findings of the requested nuisance inspection of the property at 3207 Devon Lane are as follows: · No evidence of vermin or rodent infestation was found. The property had been cleaned up and any previous rodent harborage had been abated satisfactorily. A dumpster and misc. building materials common to a construction sight were observed and were in a neat and orderly configuration. · Additionally, no evidence of carpenter ants, termites or other forms of insect infestation could be found on the property. The contractor on sight was advised to secure the property at the soonest possible time against unwanted intruders by boarding up or installing missing doors and windows. Other than that, my inspection of the property yielded no evidence of public health or safety issues that needed to be addressed at this time. DEAN MAU Fire/Rental Inspector Paul Waldron & Associates Ltd. - 1 144- 4/21/2005 Apfil15,2005 Mr. Dax Dickson 3207 Devon Lane Mound, MN 55364 By Email, U.S. Postal, Certified Mail and Official Posting at 3207 Devon Lane Abatement Proceedings 3207 Devon Lane Mound, MN 55364 Dear Mr. Dickson: The purpose of this letter is to inform you that the Mound Police and Building Departments have determined that the property located at 3207 Devon Lane has been declared a Public Nuisance in accordance to Mound City Ordinance 1000.01. In addition, said departments have initiated abatement proceedings in accordance to Mound City Ordinance 1000.25. As you are aware, the Mound City Council formally reviewed the matter at its April 12, 2005 meeting and directed Staff to prepare a resolution to abate the nuisance and recoup all incurred costs in the event the nuisance conditions have not been addressed by April 27, 2005 at 8:00 AM. Additionally, the City Council ordered a health inspection be done by the City's Building Official. As of this date, the cost(s) incurred by the Mound Police Department is $111.40 and the costs associated with the pending health inspection is from Waldron & Associates is $120.00. Specifically, please be advised that the following items need to be resolved no later than April 27, 2005 at 8:00 AM or the City Council will order the work to be done with all costs to be assessed to the property. All openings on the existing structure need to be closed and the building properly secured. 2. All debris on the property must be cleaned-up. -1145- Mr. Dax Dickson April 15, 2005 Page 2 On behalf of the City of Mound, please accept this letter as formal notice that the abatement of 3207 Devon Lane is scheduled for a public hearing in front of the Mound City Council on Tuesday, April 26, 2005 at 7:30 PM. Additionally, this letter will serve as an official notice that you are requested to attend said hearing to provide testimony and relevant evidence. If you fail to appear at the hearing the allegations will be considered unchallenged. Sincerely, Sarah Smith Community Development Director -1146- MS. HANSON, I AM A CURRENT DOCK HOLDER IN THE CITY DOCK PROGRAM. 1 AM AWARE OF THE RECENT DECISION TO GRANT THE MEYERS FAMILY ABUTTING DOCK RIGHTS IN THE EXCELSIOR COMMONS AREA. 1T IS MY UNDERSTANDING THAT THE DECISION GIVES THE MEYERS ABU233NG RIGHTS FOR THEIR NON ABUTTING HOMESTEAD PROPERTY. I HAVE BEEN ASSIGNED TO THE SAME DOCK LOCATION FOR 8 YEARS NOW. I AM A NON ABU'ITER IN THE EXCELSIOR COMMONS NEXT TO TI-IE MEYERS DOCK AND PROPERTY& I HAVE NO DESIRE TO MOVE FROM THIS LOCATION. OVER THE YEARS MY FAMILY HAS DEVELOPED FREINDSHIPS WITH SEVERAL OF THE NIEGHBORS IN THE AREA. WITHOUT OUR DOCK THIS WOULD HAVE NEVER HAPPENED. OUR DOCK IS IN A CORNER OF THE COMMONS THAT I VIEW TO BE DESIRABLE. WE HAVE AFTERNOON SHADE, A STRAIGHT LINE TO DOCK OUR BOAT FROM THE CHANNEL AND A MINIMAL WALK FROM THE ROAD DOWN TO OUR DOCK. IT IS ALSO A QUIET CORNER. AS A RESULT OF COUNCILS DECISION WE HAVE BEEN TOLD BY THE DOCK INSPECTOR THAT WE APE LOSING OUR LOCATION. THERE ARE ALSO :2 OTHER NON ABUTTING DOCKS IN THE CORNER. BOTH DOCK HOLDERS HAVE NOT BEEN AT THE LOCATION NEARLY AS LONG AS MY FAMILY. I DO NOT FEEL MYSELF OR TI-IE OTHER 2 NON ABUTTERS SHOULD BE RELOCATED.. OUR CITY COUNCIL MADE A DECISION BASED ON A LETTER FROM THE PREVIOUS DOCK INSPECTOR WHO DID NOT HAVE THE 'AUTHORITY TO GIVE THE MEYERS ABUTTING RIGHTS. I DID WATCH THE COUNCIL ~i~IEETING ON TV WHEN THE DECISION HAS MADE. MR. MEYERS STATED THAT HE AND HIS WIFE UTILIZE THEIR DOCK. THEY DO NOT. IN THE 8 YEARS I HAVE BEEN AT THAT LOCATION I HAVE SEEN 3 BOATS AT THEIR DOCK ON 3 SEPARATE WEEKENDS. I HAVE ,NEVER SEEN THE MEYERS DOCK AT THEIR DOCK. THIS ISSUE IS NOT ABOUT DOCK RIGHTS, IT IS ABOUT MONEY. AS OUR CITY COUNCIL IS AWARE, THEY ARE GOING TO SELL THEIR NON HOMESTEAD PROPERTY THAT DOES HAVE ABUTTERS RIGHTS. I BELIEVE THEIR ONLY INTENTION IS TO SELL THE HOMESTEAD PROPERTY AS WELL WITH ABUTFERS RIGHTS TO MAXIMIZE THE VALUE OF THE PROPERTY. I AM REQUESTING OUR CITY COUNCIL TO REVERSE THE DECISION TO GRANT THE MEYERS ABUTTING RIGHTS FOR THEIR NON ABUTTING HOMESTEAD PROPERTY. AS A NON ABUTTER, I WONDER WHY I CANNOT HAVE ABuTrING RIGHTS. MY PROPERTY LINES DO NOT EXTEND 1~O THE LAKE. BUT THEN AGAIN NIETHER DO THE MEYERS. SINCERELY, JOHN ROSS BINGHAM 6101 BEACHWOOD ROAD 952-472-0701 -1147- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364~1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound,com MEMORANDUM To: Mayor Pat Meisel and City Council From: Jim Fackler, Park Superintendent Date: March 30, 2005 Re: Meyer dock placement Attached you will find a timeline and supporting evidence regarding the request from Richard and Connie Meyer to grant abutting status to two of their properties and the resulting dock placement. CC: Kandis Hanson, City Manager Katie HolT, Docks Administrator f'de 12-3-04 12-6-04 12-6-04 12-7-04 12-8-04 12-9-04 12-20-04 12-29-04 1-11-05 1-25-05 2-9-05 3-17-05 Mrs. Meyer first called. Mrs. Meyer dropped off letter dated 6-4-92, Hennepin County printout of PID# 19-117-23-23-0015 (Lakeshore home) and PID# 19-117-23-23 -0139 (Lakeshore lots) and map Staff (Bonnie and Denice) looked for history of Commission and Council approval No history could be found Called Mrs. Meyer and asked her for a letter requesting that two dock sites be assigned to the two properties. When we receive it will have attorney look at it and then go to DCAC and City Council. Called Mrs. Meyer and told her we found 91-93 and no info supported the change in dock map. Told her to put a letter together asking for abutting status. Received letter and attachments addressed to Kandis Hanson and Jim Fackler from Meyers asking that request go to the City Council. Also received two-page letter from Meyers addressed to the City Council, Kandis Hanson and Jim Fackler asking for approval of their request. Memo from Jim Fackler to Mayor and City Council regarding staff's review of the Meyer's request. Mound City Code 437.05, Applications for and Issuance of Dock Licenses and 437.10 subd 2, Annual Review of Map attached City Council took action on request, remanding the dock placement and/or design issue to the Docks commission, and asking Meyer's to provide a survey. (Minutes attached) Connie Meyer thanked the Council for their action regarding their abutting property and presented the survey that was asked for at that meeting. (Minutes attached) Memo from Jim Fackler to DCAC regarding Assigning Abutting Dock Site to PID# 19-117-23-23-0139. (Dock Program printout, Hermepin Cty map attached.) February 17, 2005 DCAC Minutes regarding dock placement (Aerial photo attached) -1149- CITY of MOUND DATE: Doc~ S~T~. ~: % ; 7 7 D 534 ~ ',":"/WOOD ='{£ -' i MOUND. M ','iESO'rA 552~- '687 ~'2 472-'i ~ 55 FA;,~ ::2) 472~062: Today I Was at your dock site to inspect for issuance Of your 1992 permit 'tag. Your dock was not approved for the following reasons: '~ ¢,' - / :_ct/ ' Please correct the aDove within seven (7) days and ',.12 will return to issue your 1992 tag. Thank you.'for your.cooperation. Respectfully, Tom McCaffrey '' Dock Inspector pJ DOCK7 ._..... '~ ~,n recycled paper 1150- Search By: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ Property ZD: i 19-117-23-23-0015 Hennepin County, MN I~'i Property Information Search Result The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Parcel Data for Taxes Payable 2004 Click He~ Co of Pa able 2004 Tax Statement Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: 19-117-23-23-0015 4731 CARLOW RD MOUND 277 Construction year: 1966 3 Parcel Size: 120 X 70 RICHARD R MEYER ETAL RICHARD R MEYER 4731 CARLOW RD MOUND MN 55364 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. Sale Date: August, 1973 Sale Price: $28,500 Transaction Type: Tax Parcel Description Addition Name: SETON Lot: Block: 015 Metes & Bounds: LOTS I 2 AND 3 Abstract or Torrens: TORRENS Value and Tax Summary for Taxes Payable 2004 Values Established by Assessor as of 3anuary 2, 2003 Estimated Market Value: $198,000 Limited Market Value: $156,600 Taxable Market Value: $156,600 Total Improvement Amount: Total Net Tax: $1,701.64 Total Special Assessments: -1151 - Solid Waste Fee: $27.96 Total Tax: $1,729.60 Property Information Detail for Taxes Paya hie 2004 Values Established by Assessor as of 3anuary 2~ 2003 Values: Land Market $73,000 Building Market $125,000 Machinery Market Total Market: $198,000 Land Limited Building Limited Total Limited: Qualifying Tmprovements ~la~ifications: roperty Typ,.e o~fi-~te a d Status Relative Homestead Agricultural Exempt Status $57,700' $98,900 $156,600 RESIDENTIAL LAKE SHORE HOMESTEAD 7862 Hennepin County is providing this information as a public service. Tax related questions: taxinfo@co.hennepin.mn.us Need help locating a property on our site? Check out our Search Tips Home I Your Cou_p_ty Governme~n[ ] Licenses Cert__iific__aates, & Registration ] Employment & Volunteerin~ I Health, Housinq, & Social Services I Law, Public Safety, & Courts I Environment, Property, & Transportation Copyright © 2004 Hennepin County, Minnesota I www. Hennepin.us Accessibility Policy I Contact Hennepin County [ Security/Privacy Statement -1152- Search By: · :. .............................. ~ Hennepin County, MN Property Information Search Result The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Parcel Data for Taxes Payable 2004 Click Here for State Copy of Payable 2004 Tax Staten~ent Property TD: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: 19-117-23-23-0139 85 ADDRESS UNASSIGNED MOUND 277 Construction year: 3 Parcel Size: 160 X 70 R R & C L MEYER RZCHARD R & CONNIE L MEYER 473:1 CARLOW RD MOUND MN 55364 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. Sale Date: May, 1996 Sale Price: $:16,000 Transaction Type: Addition Name: Lot: Block: Metes & Bounds: Tax Parcel Description SETON 015 LOTS 15 16 17 AND 18 Abstract or Torrens: TORRENS Value and' Tax Summary for Taxes Payable 2004 Values Established by Assessor as of 3anuary 2, 2003 Estimated Market Value: $97,600 Limited Market Value: $43,600 Taxable Market Value: Total Improvement Amount: Total Net Tax: $43,600 $527.22 Total Special Assessments: -1153- I.lO IICi (8¢ 16¢ 9) '- I -1154- -1155- -1156- -1157- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEE]: www.cityofmound,com TO: FROM: DATE: RE: MEMORANDUM Mayor Pat Meisel and City Council~._..,x J Jim Fackler, Park Superintenden~~"~ December 29, 2004 Request to Designate PID# 19-117-23-23-015 and PID~ 19-117-23-23- 0139 Abutting Properties In reviewing the request by Mr. and Mrs. Richard Meyer to designate the above listed properties as Abutting Properties, staff has determined the following: With regard'to PID # 19-117-23-23-015, lots 1,2,and 3, which is their residence at 4731 Carlow Rd: As this property does not have lot line extensions to the shoreline, Staff believes this property was erroneously granted abutting stares in 1992 based upon a misunderstanding of the Meyer's ownership of vacant lots 15,16,17 and 18, PID# 19-117-23-23-0139, which did not occur until 1996. Staff researched Minutes from the Park and Open Space Advisory Commission, the advisory body for dock matters at the time, and City Council Minutes and Resolutions from 1990-1993, and found no history to support the change from non-abutting to abutting dock stares as required by Mound City Code. To make such a change, staffmust follow the procedure for determining abutting status as outlined in Mound City Code, Section 437.05, Subd. 7, .Dock Location License Priorities. In this priority system, an abutting property would have to meet the First Priority description of lot extensions extending to the shoreline. It would then be reviewed by the appropriate commission and forwarded to the City Council as outlined in Mound City Code, 437.10, Subd 2, Annual Review of Map, for their approval. With regard to PID # 19-117-23-23-0139, lots !5,16,17 and 18,.which are v~_nt lots; Staff recommends that the property owner provide a survey in order to determine whether or not the property meets the criteria of abutting status. From the copy of the plat section provided by the Meyer's, staff was unable to determine whether the extension of the property lines over the City-controlled property went to the DNR Ordinary High Water of 929.4 of shoreline. Staff requests that two issues be taken into consideration before making a determination on the abutting status of these properties: 1. There are similar properties within the City whose owners could also make a claim for an abutting status. 2. The possible division of both of the above properties could lead to future requests for dock sites. Attachment: Mound City Code Section 437.05 Subd 7 Mound City Code Section 437.10 Subd 2 -1159- Pa~¢ 1 of 1 l~ound Ci~ Co~e Subd. 7, ~" The following priorities govern the issulance of dock licenses and other dock locations: · aa. Residents owning private lakeshore within tl'~e City which has dockable lake frontage shall have the last priority each year for a dock on public lands. (ORD. 45-1990 - 12-29-90) bb. Dock site holders who combine on a single dock while continuing to apply for and pay for their separate dock site locations shall each be entitled to return to such separate dock site upon termination of their participation, in the combined dock facility and notice to th~ City of such termination. (ORD. 92-1997- 12-20-97) a. F_[mt Priority_, An abutting owner has first priority for a City designated location within his or her lot lines extended to the shoreline. Docks shall be located in accordance with the dock location map. (ORD. 45-1990- 12-29-90) b, Second Priority_, A licensee or, if licensee has not applied for a new dock license, the shared owner as shown on the permit application for the preceding year, has second priority when applying for a dock permit for the same location held by the licensee the immediately preceding · year. Second priority licensee has no priority of dock locations where a first priority license is in effect. c. Third priority_. A duly qualified applicant has third pdodty on locations vacant after the first and second priority applications have been made within the prescribed time limit described in this ordinance. Licenses will be issued to such applicants in the order of application dates. There shall be no third priority where the first and second priorities are in effect; Residents owning priVate lakeshore within the City which has dockable lake frontage shall have the last priority each year for a dock on public lands, d. Administration of Priority_, The Dock Inspector shall assign all locations to the applicants upon compliance with this ordinance and subject to reasonable conditions and Council approval. 437.t0 Rule~ and R~_ulation~ Subd. 2. Annual Review of Map. Approved dock location maps shall be kept and maintained by the Dock Inspector and shall be reviewed by th~ Dock and Commons Advisory Commission at least once a year. The Dock anti Commons Advisory Commission shall review the dock location map between ~eptember 1 and December 31 before each new boating season so their recommended changes may be referred to and considered by the City Council on or before January 15. Maps shall contain all approved dock locations as established by the C~ouncil upon the advice and recommendation of the Dock Inspector and Dock anti Commons Advisory Commission. Final approval of the dock location map and the number of private dock licenses to be permitted shall be recommended by the Dock Inspector, reviewed by the Dock and Commons Advisory Commission and approved by the City Council. (ORD. 45-1990 - 12-29-90) ~,,....//,~;...,c~,.,.,.,a o,-../ccrvo/~) n("or~r:./a a 7 ~._-_ _'1_, _1 61 - 12/29/2004 Hennepin County Map S~-ver Click on map to view informVion on adjoining properties Scroll dow~ to see property address, v~ue & t~x info VroF~rt¥ ID 13-117~4-13~045 last ~dm: 1/04t200~ ~t i.4)0 ~ READ IMPORTANT DISCLAIMER ENFORMATiON BELDW 320 ft. 14a~kJt.Vt~ut 73:6,000 6,302 sq,ft, = 0.145 acres ~o~,.1 Tax (2004) lW:)UHD, ~ 55364 Click on ?rop~rty Information Bu~ton below to view main tax information page for the p~pe~ you have selected :it / Iili[i : 'r'lfil'l "': [!:~::~'" :: ::'1 '" '.:_:::Z . :.:.:. f.7.'.V.' .......... The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate surveyperformed by a ~nsed land surveyor. The perimeter and area (square footage and acres) are appmxin~tes and may contain discrepancies. The information on this page should be used for reference purposes °sly. Henneptn County does not goamntee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivaUves. Please report any map discrepancies to Bob Moulder (Hennepin C~ounty Survey Division) at (812) 348,2818 or via e-mall at Bob.Moulder~co.henneDin.mn.us The quality of the display r~ay be influenced by your screen size and resolution se~ng and is best viewed at 800x600 screen resolution. This application requires Internet Explorer 3.02 or Netscape 2.01 or I,ter version far proper operation. hlip://wwwlg.co.hennepin.mn.us/scripts/esrimap.dll?name=~epin&Cmd=ZOOMOUT... 1/11/2005 -1162- Mound City Council Minutes - January 11, 2005 are asking that Mound's Police Departj3~nt be informed ~w regulati~~e their assista~ be called up~ra~turbance oc~rs. If th~ City d(:~sn't wisl~to in~/olve the ~cal poit~e then the J;~rounty necks to be in~rmed of tl~at fror~ the.beginil~ng sd~they d(:jlfi't expect i~r assis~ce. He doe~,n't feel)fiat the ordint~nce~s wdtten ob~gat be ee . uWaS the de,gi~of the Council to,j;;iim~ the City Mana~fite a letter in re,~se this ordin)t'nce ar~, request, exp~ssing~he views as~dl'scussd~l. Osmek sugjitl~sted~ t this le~er includ~that it is th~unanimo~s opinion~f this Co[II, cji that Hen~epin nty isj~esponsible~i(3r the cr~)g~tion of this~rdinar~ and is res]~onsible ~~.. ~ of M.o.u.nd .hats no in~.nt?n to sup ed also including a copy of the resolution previously passed by the Council in August. · ' on the 10. Action on request to designate PID~19-t 17-23-234)015 and PID~I 9-117-23-23- 0139 as abutting properties, as submitted by Richard and Connie Meyer~ 4731 Carlow Road Jim Fackler presented the history of this request, submitted by Richard and Connie Meyer, to designate PID #19-117-23-23-0015 and PID #19-117-23-23-0139 as "Abutting Properties". Presently the applicants own two parcels: PID 19-117-23-23- 0139, Lots 1-3, Block 15, which includes the existing house; and PID 19-117-23-23- 0139, Lots 15-18, Block 15, which is currently vacant and was purchased in 1996. The Meyer property located at 4731 Carlow Road currently has "abutting property status" as the extension of Lot 18 appears to extend to Lake Minnetonka. In the event the vacant parcel which includes Lots 1-3 is sold off, the "abutting prOperty status" for the existing meyer property would be eliminated as it would transfer with Lots 1 5-18. Fackler noted that an updated survey was not submitted and further commented on a similar situation in the Three Points Boulevard area where the status changed for the existing house when the adjacent parcel was sold off by the owner. Based on the information submitted by the applicants, "abutting proPerty status" for the 4731' Carlow Road property was authorized by a former Dock Inspector as referenced in a 1992 memorandum· Staff indicated that "abutting property status" may have been granted in error as it was assumed that the Meyers also owned Lots 15 through 18 in 1992. Fackler commented that the adjacent vacant parcel was purchased by the Meyers in 1996 and further commented that the status change for the 4731 Carlow Road property was not formally approved by the Docks Commission or'the City Council. 5 -1163- P12 Mound City CoundI .Minutes - Jsnuary 11, 2005 The Council discussed the 1992 memorandum and also discussed the possibility of the Meyers and new owners "sharing" the dock site. The applicants indicated they are not interested in shadng a dock site as the 1992 memo granted them "abutting property status" and further commented that they have been maintaining the property for several years. MOTION by Osmek, seconded by Beise to grant abutting property status to Lot 1 and Lot 18 and remand the dock placement and/or design issue to the Docks Commission on the following findings of fact: (a) 1992 memo granted abutting property status to Lots 1-3 even though Lot 1 did not have lot line extension; and (2) the current owners have contributed to the docks program by maintaining the property for several years. Meisel stated that she cannot supportthe motion as the application contains insufficient information, including but not limited to, the lack of submittal of an updated survey. She stated she is not against the concept, rather she wants accurate property data. Brown suggested the applicants prepare an updated survey for review and submittal to the Docks Commission. Fackler stated he supports the comments of the. Mayor and strongly encouraged the submittal of an updated survey and ali appropriate information. Specht stated that he would like clarification of the importance of the 1992 memo including whether or not it binds the City to grant "abutting status". Osmek withdrew his motion and Beise withdrew his second. MOTION by Osmek, seconded by Beise to reaffirm abutting status of Lots 1-3. After discussion Osmek withdrew his motion and Beise withdrew his second. MOTION by Osmek, seconded by BroWn to require the applicants to prepare an updated survey for Lots 15-18 to verify abutting status. Osmek withdrew his motion and Brown withdrew his second. MOTION by Brown, seconded by Beise to allow Lots 1-3 to retain abutting status and to assign abutting status to Lots 15-18, if updated survey confirms that extension of the lot line for Lot 18 extends to Lake Minneter~ka. Discussion followed. John Dean clarified that action will obligate the City to provide another dock which .may remove a dock for a user in the area and commented that the validity of the 1992 memo is not known. The Meyers commented that they want two (2) docks and that they have maintained the property for over thirty (30) years. They believe they are abutting for Lots 1-3 and stated that they are not willing to share a dock. 6 -1164- P13 Mound City Council Minutes - January 11, 2005 Bown explained that the abutting status is determined by an extension of the lot line to the lake. MOTION by Osmek, seconded by Beise to affirm "abutting status" for Lots 1-3 and to require the preparation of an updated survey for Lots 15-18 by the applicants to verify the extension of the lot line for Lot 18 to the shoreline. If the survey demonstrates the extension of the lot line, the abutting status shall be confirmed and abutting status shall be granted. Discussion took place. Osmek offered a friendly amendment to the motion to forward the dock placement/design analysis to the Docks Commission and included the following findings of fact: (1) 1992 memo granted abutting status to Lots 1-3 even though Lot 1 did not have a lot line extension; and (2) the current owners have contributed the docks program by maintaining the property for several years. Beise seconded the friendly amendment. The following voted in favor: Beise, Brown and Osmek. The following voted against:' Meisel and Specht. Motion carried. 11. Action ApprOving Proposed Changes to 2005 Dock Map MOTION by Brown, seconded by Osmek to approve the 2005 dock map as presented. All voted in favor. Motion carried. 12. Information/Miscellaneous A. Report: Finance Department- November 2004 Mohawk Jaycees charitable gambling contribution B. Newsletter: Gillespie Center Minnehaha Creek Watershed District Metropolitan Council C. Minutes: Planning Commission - December 20, 2004. 13. Adjourn MOTION by OSmek, seconded by Brown to adjourn at 10:30 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 7 -1165- P14 Mound City Council Minutes - January 25, 2005 5C. Action on ReSolution Restating Council's Position ,on Hennepin Cou ~.ty Smoke-Free Ordinance #24. Meisel suggested a wording change in the proposed resolution. MOTION by osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-15: RESOLUTION EXPRESSING OPPOSITION TO HENNEPIN COUNTY SMOKE-FREE ORDINANCE #24. 6. Suaaesfions and comments from citizens present on any item not on the agenda. Tamra Kjos, 1025 W. Cove Lane, Minnetrista, appeared before the Council to urge them to reconsider the action taken on the smoke-free ordinance. She provided various statistics and information regarding the harms of smoking and second-hand smoke. ske ~nni% Meyei, *~47~1 Carlow Road, thanked the Council for their action 'at the lasi ~ eating regarding their abutting property status and presented the survey that was~./ d for at that meeting. ' ~ Mike Rutherford, Casco Point, representing Save the Grand Hotel Citizens Committee, informed the Council that he and others are interested in seeing that the hotel project proceeds and has amhitects wanting to be involved in the project. John Dean explained to him that the appropriate channel is to contact Mound Harbor. Renaissance Development regarding their proposal because MHRD has site control of the Auditor's Road portion of the downtown redevelopment. 7. Public Hearing and Action on Ordinance Sarah Smith reviewed the proposed ordinance as it designates setbacks for membrane structures. Meisel opened the public hearing at 8:07 p.m. and with no public comment being offered, closed the public hearing at 8:08 p.m. MOTION by Brown, seconded by Specht to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 03-2005: ORDINANCE AMENDING SECTION 350.435 (ACCESSORY BUILDINGS) OF THE MOUND CITY CODE (ZONING ORDINANCE) TO REQUIRE MINIMUM SETBACK OF THREE (3) FEET ON ALL SIDES FOR MEMBRANE STRUCTURES LOCATED IN COMMERCIAL AND INDUSTRIAL DISTRICTS AND ACCESSORY BUILDING SETBACKS FOR MEMBRANE STRUCTURES WHICH ARE LOCATED IN RESIDENTIAL ZONING DISTRICTS., 2 -1166- P15 ~ELSIOR SOUT~ 70.00 Z m LANE (UNDEVELOPED) 0 _...,. --I 0 o0 ~ .o° ~.~ © O0 '-n ---q rtl · - . .. . -1167--. :. CITY OF MOUND 5341 MAYWOOD ROAD MOLl ND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com TO: FROM: DATE: RE: DCAC Jim Fackler, Park Superintendent February 9, 2005 Assigning Abutting DoCk Site to PID # 19-117-23-23-0139 At the January 11, 2005 City Council meeting, a request was made by Richard and Connie Meyer asking for abutting dock status for two properties, as outlined in the enclosed Staff memo dated December 29, 2004. Following a lengthy discussion, the Council passed a motion, with a 3 to 2 vote, granting the abutting status to the Meyer's residence at 4731 Carlow Road. The Council also requested that the Meyer's have a survey done on the second property, PID# 19-117-23-23-0139, in order to determine if the property extension line included the city-controlled shoreline which is required for abutting property status. The Meyers did have the enclosed survey done, which shows that the extension of Lot .18 includes city-controlled shoreline. The City Council remanded the dock placement/design issue to the DCAC. Staff feels that there are three options available for assigning an abutting dock site to this Property: Assign current open site #NIP 09515 until a closer site opens. Assign site NIP 08975 if it is not renewed. Move NIP 08975 site holder, Mary Todd, to NIP 09515 if she renews. Staff will lease out the open site on a temporary basis until there is a home built on the vacant lots and the homeowner moves in. _printed on racy~ed paper 1168- P5 Ii -1169- P6 · :.. Hannepin County, MN Click on map to view information on adjoining properties Scroll down to see property address, value & tax info Hennepin County, MN Click on map to view information on adjoining properties Scroll down to see property address, value & tax info -1170- P7 APPROVED 3/17/2005 DOCKS AND COMMONS ADVISORY COMMISSION MINUTES February 17, 2005 Present: Commissioners Frank Ahrens, Greg Eurieh, Jim Funk, Gerald Jones, Michelle Olson, Council Representative Mike Specht, Park Superintendent Jim Fackler, Dock Administrator Katie HolT, Secretary Sue Schwalbe Meeting was called to order at 7:3 lpm 1. Approval of November 18, 2004 Minutes MOTION by Ahrens to approve the Minutes with the change mentioned on pg 2, paragraph 4. SECOND by Speeht, who then withdrew since he was not involved with the DCAC at the time. SECOND by Funk. Motion Carried. 2. Agenda Changes None 3. Comments and Suggestions from Citizens Present None 4. Election of Officers for 2005 MOTION by Ahrens to retain Jim Funk as Chair and Greg Em'ich as Vice Chair. SECOND by Jones. Motion carded. 5. Discuss: Request to approve abutting status for PID# 19-117-23-23-0139 Applicants: Connie and Richard Meyer 4731 Carlow Rd Mound, MN 55364 Jones excused himself from this discussion for personal reasons. Fackler gave a brief overview of this request stating that Council already approved this request, remanding the dock placement/design issue for the extension of Lot 18, which includes city-controlled shoreline, to the DCAC. Fackler explained the three options staff feels are available for assigning an abutting dock site to this property. Fackler also pointed out that the non-abutter would not be moved until a home was built and the homeowner moved in. Discussion followed. MOTION by Specht to assign abutting status to 09005 and allowing the current non-abutting dock holder to remain there temporarily until a home is built and the homeowner moves in. SECOND by Eurich. During discussion, Ahrens stated that he did not agree with Council's approval of the abutting status for the two parcels since only one parcel meets the definition of abutting property. Funk and Olson agreed with Ahrens on this issue. MOTION CARRIED with Ahrens abstaining from the vote. Docks and Commons Advisory Commission Minutes February 17,2005 -1171 - LEGALLY :O~'P ]:LAT C:I TY, CO EES AliB 0 13400 68TH AVENUE NORTH.MINNEAPOLIS/MAPLE GROVE,MN55369 DATE OF PHOTOGRAPHY-1172-:9.. CITY OF MOUND ORDINANCE NO. __-2005 AN ORDINANCE AMENDING CHAPTER 800 AS IT RELATES TO INTOXICATING LIQUOR LICENSES The City of Mound does ordain: Subsection 800.35, Conditions of License, is hereby amended by adding the following subdivision: Subd. 13. Additional Conditions - The City Council may impose, in addition to those standards and requirements expressly specified by this Ordinance, additional conditions which the City Council considers necessary to protect the best interest and welfare of the community as a whole. Passed by the City Council this 26th day of April, 2005. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk Published in the Laker the 7th day of May, 2005. Effective the 8th day of May, 2005. -1173- Mound City Code 800.00 CHAPTER VIII. LIQUOR, WINE AND BEER Section 800 -INTOXICATING LIQUOR LICENSES 800.01 General Provisions. Subd. 1. Provisions of State Law Adopted. Unless otherwise provided in this Chapter, the provisions of Minnesota Statutes, Chapter 340A relating to the definition of terms, licensing, consumption, sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this section as if set out in full. (ORD. 06-2003, 8/24/03) Subd. 2. Special Definitions. As used in this Section, the following terms shall have the following meanings: (a) The term "restaurant" means an establishment, under the control of a single proprietor or manager, having appropriate facilities to serve meals, for seating not less than 50 guests at one time in one or more dining rooms having a total area of at least 254 square feet, and where in consideration of payment therefore, meals are regularly prepared on the premises and served at tables to the general public, and which employs an adequate staff for the usual and suitable service to its guests and more than 50% of the dollar volume of sales comes from the sale of food. For the purpose of meeting the 50% dollar volume requirement, the aggregate dollar volumes of restaurants which are adjacent, and which are under the majority control and ownership of the same individual may be combined. (ORD. 10-2003, 10/26/03) (b) The term "dining room" means restaurant. (c) The term "hotel" means a "hotel" as that term is defined in Chapter 340A of Minnesota Statutes and which in addition conducts its business in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of food, as measured by dollar volume of sales. (d) The term "club" means a "club" as that term is defined in Chapter 340A of Minnesota Statutes. 1 10/3/04 -1174- Mound City Code 800.05 800.05 License Required. Subd. 1. General Requirement. No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the City any intoxicating liquor without a license to do so as provided in this Section 800. On-Sale Liquor Licenses shall be of four kinds: (a) (b) (c) (d) Class A - On-Sale, Hotel and Restaurant Class B - On-Sale, Sunday Sale On-Sale Wine Club License. No person shall sell intoxicating liquor on Sunday unless he or she has applied for and received from the City a Class B (On-Sale, Sunday Sale), license. Subd. 2. Class A On-Sale Licenses. "On-Sale" licenses shall be issued only to hotels and restaurants and shall permit "on-sale" of liquor only. No more than eight Class A (On-Sale, Hotel and Restaurant) licenses shall be issued. Not more than three of such licenses shall be issued for establishments located outside the boundaries of the area shown on the "Mound Harbor Area Exhibit" dated January 15, 2004 which is on file in the office of the City Clerk. Not more than two of the licenses issued within such area will be issued for hotel/banquet/restaurant facility. No Class B (Sunday Sales) license shall be issued to anyone other than a licensee holding a valid Class A license. (ORD. 08-2004, 10/3/04) Subd. 3. On-Sale Wine Licenses. "On-Sale" wine licenses shall be issued only to restaurants meeting the qualifications of Minnesota Statutes Section 340A.404, Subd. 5 and shall permit only the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. The holder of an on-sale wine license issued pursuant to Minnesota Statutes Section 340A.404, Subd. 5, who is also licensed to sell 3.2 malt liquor at on-sale pursuant to section 340A.411, and whose gross receipts are at least 60 percent attributable to the sale of food, is authorized to sell intoxicating malt liquors at on-sale without an additional license. (ORD. #32-1989 - July 3, 1989) Subd. 4. Club Licenses. Club licenses shall be issued only to incorporated clubs which have been in existence for three years or more or to congressionally chartered veterans' organizations which have been in existence for three years. Subd. 5. Class B, On-Sale, Sunday Sale. Class B, On-Sale, Sunday Sale licenses authorizing intoxicating liquor sales in conjunction with the serving of food may be issued to any club, hotel or restaurant which has facilities for serving at least 30 guests at one time, and which has an "On-Sale" license. (ORD. 77-1996 - 2-27- 96) 2 10/3/04' -1175- Mound City Code 800.05, Subd. 5 a. A club, hotel or restaurant holding a Class B, On-Sale, Sunday Sale intoxicating liquor license, with a seating capacity for serving not less than 30 guests may serve alcoholic beverages in conjunction with the serving of food between the hours of 11:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food, provided the licensee's establishment is on conformance with the Minnesota Clean Air Act. (ORD. 111-2000, 9/23/00) 800.10 Application for License. Subd. 1. Application Form Required. Every application for a license to sell liquor or to allow the consumption of liquor under Subsection 800.05 hereof shall be in the form prescribed by the Commissioner of Public Safety and shall be verified and filed with the City Clerk. No person shall make a false statement in an application. Subd. 2. Contents of Application. In addition to information which may be required by the State Liquor Control Commissioner, the application shall state: (a) Whether the applicant is a natural person, corporation, partnership or other form of organization. (b) If the applicant is a natural person, the following information shall be furnished: (1) True name, place and date of birth, and street residence address of applicant. (2) Whether applicant has ever used or been known by a name other than his or her true name, and if so, what was such name, or names, and information concerning dates and places where used. (3) The name of the business if it is to be conducted under a designation, name, or style other than the full individual name of the applicant. (4) Whether the applicant is married or single. If married, true name place and date of birth, and street residence address or applicant's present spouse. (5) Whether applicant and present spouse are registered voters and, if so, where. (6) Street addresses at which applicant and present spouse have lived during the preceding ten years. 3 10/3/04 -1176- Mound City Code 800.10, Subd. 2 (b) (7) (7) Whether applicant or his or her spouse has ever been convicted of any felony, crime, or violation or any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had. (8) Whether applicant or his or her spouse has ever been engaged as. an employee or in operating a saloon, hotel, restaurant, cafe, tavern, or other business of a similar nature. If so, applicant shall furnish information as to the time, place, and length of time. (9) The name, address, and business address of each person who is engaged in Minnesota in the business of selling, manufacturing, or distributing intoxicating liquor and who is nearer of kin to the applicant or his or her spouse than second cousin, whether of whole or half blood, or who is a brother-in-law or sister-in-law of the applicant or his or her spouse. (c) If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in paragraph (b) above. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application. (d) If the applicant is a corporation or other organization and is applying for an "On-Sale" license, the following information shall be furnished: (1) The name and, if incorporated, the state of incorporation. (2) A true copy of the certificate of incorporation, articles of incorporation, or association agreement and by-laws. (3) The name of a manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in paragraph (b) above. (4) A list of all natural persons who, singly or together with their spouse, or a parent, brother, sister, or child of either of them, own or control an interest in said corporation or association in excess of 5%, or who are officers of said corporation or association, together with their addresses and all other information required of a single applicant in paragraph (b) above. 4 10/3/04 -1177- Mound City Code 800.10, Subd. 2(e) (e) The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions, location of buildings, street access, parking facilities, and the locations of and distances to the nearest church building and school grounds. The Council shall require the following off-street parking requirements for licenses of "On-Sale" licenses: (1) Hotel - At least one parking space for each guest room or each dwelling unit provided in the design or redesign of the building. (2) Restaurant - At least one parking space for each three seats. Additional parking of one parking space for each two employees on duty during the largest shifts. The foregoing parking requirements for hotels and restaurants having "On-Sale" intoxicating liquor licenses shall supersede any off-street parking requirements established by City Code. (f) The floor number and street number where the "On-Sale" sale of liquor is to be conducted and the rooms where liquor is to be consumed. An applicant for an "On-Sale" license shall submit a floor plan of the dining room or dining rooms, which shall be open to the public, shall show dimensions, and shall indicate the number of persons intended to be served in each of said rooms. (g) If a permit from the Federal government is required by the laws of the United States, whether or not such permit has been issued, and if so required, in what name issued, and the nature of the permit. (h) The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc., and proof of the source of such money. (i) The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade; the nature of such interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lien holders, trustees, trustors, and persons who have co-signed notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant. (J) The names, residences, and business addresses of three persons, residents of the State of Minnesota, or good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to applicant's character or in the case where information is required of a manager, the manager's character. 5 -1178- :::].o/3 / o~ Mound City Code 800.10, Subd. 2(k) (k) Whether or not all real estate and personal property taxes for the premises to be licensed have been paid and, if not paid, the years for which delinquent. (m) Whenever the application for an "On-Sale" license, or for a transfer thereof, is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or designs are on file with the City Building Department, no such plans need to be filed with the City Clerk. Such other information as the Council shall require. Subd. 3. Executive of Application. If the appliCation is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, any license, bond, and insurance policy issued shall be in the names of all the partners. Subd. 4. Renewal Application. Applications for the renewal of an existing license shall be made at least 60 days prior to date of expiration of the license and shall be made in such abbreviated form as the City Council may approve. If, in the judgment of the Council, good and sufficient cause is shown by any applicant for his or her failure to file for a renewal, within the time provided, the Council may, if the other provisions of this Section are complied with, waive this requirement and grant the application. Subd. 5. Accountant's Statement. At the earliest practical time after application is made for the renewal of an "On-Sale" license, and in any event prior to the time that the application is approved by the Council, the applicant shall file with the City Clerk a statement made by a certified public accountant that show the total gross sales and the total food sales of the restaurant for the 12 month period immediately preceding the date for filing renewal applications. Subd. 6. Bond. Each application for a license shall be accompanied by a surety bond or, in lieu thereof, cash or United State Government bonds of equivalent market value. Such surety bond or other security shall be in the sum of $5,000.00 for an applicant for an "On-Sale" license, club license, or an "On-Sale" wine license. All such bonds shall provide that no cancellation for any cause can be made either by the bonding company or the applicant, without said person first giving 30 days written notice to the City, addressed to the City Manager, of intention to cancel bond. Any bond filed under this subdivision shall be conditioned on the licensee obeying all laws governing the business and paying all taxes, fees, penalties and other charges; and must provide that the bond is forfeited to the City of Mound on a violation of any law regulating the use, sale, consumption or display of alcoholic beverages, as that term is defined in Chapter 340A of Minnesota Statutes. (ORD. 56-1992 - 5/11/92) -1179- Mound City Code 800.10, Subd. 7 Subd. 7. Insurance. Prior to the issuance of a liquor license, the applicant shall demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes Section 340A.801 to the City Clerk and to the Commissioner of Public Safety as a condition of the issuance or renewal of his license. Proof of financial responsibility shall be given by filing a certificate that there is in effect an insurance policy or pool providing the minimum coverages for dram shop liability as required by Minnesota Statutes, Section 340A.409, Subdivision 1. It is the intent of this section to require the minimum insurance coverages and amounts required by Minnesota law. (ORD. #33-1989 - 9-18-89) Subject to the restrictions set forth in Section 340A.409, Subd. 4, of Minnesota Statutes, the City Clerk is hereby authorized to waive the foregoing requirements as they pertain to insurance for on-sale wine licenses with sales of less than the amount set forth in the Statute if said licensee files an affidavit from a Certified Public Accountant to show that sales are under the amount set forth in the Statute. The licensee must also file a written commitment with the City Clerk that if the sales reach the amount set forth in the Statute, the licensee will not continue to sell wine until he or she has filed a certificate of insurance meeting the requirements set forth in this Subsection 800.10, Subd. 7. (ORD. #56-1992 - 5/11/92) Subd. 8. Approval of Security. The security offered under Subds. 6 and 7 shall be approved by the City Council, and in the case of applicants for "On-Sale" wine licenses, by the State Commissioner of Public Safety. Surety Bonds shall be approved as to form by the City Attorney. Operation of a licensed business without having on file with the City at all times effective security as required in Subds. 6 and 7 is a cause for revocation of the license. (ORD. #33-1989 - 9-18-89) 800.15 License Fees. Subd. 1. Fees. The annual fee for a Class A liquor license, Class B liquor license, On-Sale Wine license, and Club license, shall be established in accordance with the provisions of Section 500 of the City Code. (ORD. 01-2001, 2/25/01) Subd. 2. Payment. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment of one-half of the license fee and the fixed investigation fee required under Subsection 800.20, Subd. 1, if any. The remaining balance of the license fee shall be paid before the license is issued. The entire annual "On-Sale" license fee must be paid for the first year's operation of a licensed establishment. In renewing the license, the Council may allow the "On-Sale" licensee to pay the fee in two installments, with one-half due on or before June 30th and the balance due on or before December 31st. All fees shall'be paid into the general fund. 10/3/04 -1180- Mound City Code 800.15, Subd. 3. Subd. 3. Term, Pro Rata Fee. Each license shall be issued for a period of one year except that if the application is made during the license year, a license may be issued for the remainder of the year for a pro-rata feed, with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of June of each year. Subd. 4. Refunds. No refund of any fee shall be made except as authorized by statute. If an application for a license is withdrawn or rejected, the Treasurer shall refund the amount paid as the license fee, except where rejection or withdrawal is a willful misstatement in the license application. 800.20 Grantin~ of Licenses Subd. 1. Preliminary Investigation. On an initial application for an "On-Sale" license and on an application for transfer of an existing "On-Sale" license, the applicant shall pay with his or her application a non-refundable minimum investigating fee of $500.00, and the city shall conduct a preliminary background and financial investigation of the applicant. The application in such case shall be made on a form prescribed by the State Bureau of Criminal Apprehension and contain such additional information as the Council may require. If the Council deems it in the public interest to have an investigation made on a particular application for renewal of an "On-Sale" license, it shall so determine. If the Council determines that a comprehensive background and investigation of the applicant is necessary, it may conduct the investigation itself or contract with the Bureau of Criminal Investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the Council that issuance would not be in the public interest. If the expenses of the investigation relating to any application exceed the minimum investigating fee, the City shall notify the applicant of this fact and shall require the applicant to pay an additional investigating fee which the City Manager deems necessary to complete the investigation of the applicant. The applicant shall pay such an additional investigating fee within five (5) days of being so notified. If such additional investigating fee is not paid within such 5-day period, the City shall discontinue consideration of the application. If an investigation outside the state is required, the applicant shall be charged the actual cost not to exceed $10,000. Such additional investigating fee, after deducting the minimum investigating fee already paid~ shall be payable by the applicant whether or not the license is granted. Upon completion of the City's investigation, the additional investigating fee, if any, shall be refunded to the applicant after deducting the City's actual costs of investigation. zo/3/o4 -1181 - Mound City Code 800.20, 8ubd.2 Subd. 2. Hearing and Issuance. The following procedure be followed in processing applications for licenses under this Section 800: (a) All applications for a license shall be referred to the Chief of Police and to such other City departments as the City Manager shall deem necessary, for verification and investigation of the facts set forth in the application. The Chief of Police shall cause to be made such investigation of the information requested in Subsection 800.10 as shall be necessary and shall make a written recommendation and report to the Council which shall include a list of violations of federal or state law or municipal regulations. (b) Upon receipt of the written report and recommendation by the Chief of Police and within 30 days thereafter, the Council shall instruct the Clerk to cause to be published in the official newspaper 10 days in advance, a notice of hearing to be held by the City Council, setting forth the day, time and place when the hearing will be held, the name of the applicant, the premises where the business is to be conducted, and such other information as the Council may direct. At the hearing, opportunity shall be given any person to be heard for or against the granting of the license. After the hearing, the Council may either grant or deny the license. If the license is granted, the Council may withhold its issuance until the applicant has qualified in all respects for the license. If the premises to be licensed are not complete at the time that the hearing is conducted, the Council may grant the license but shall withhold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license is granted. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not proceed with reasonable dispatch to ready the premises, the Council may rescind the action granting the license. Such action shall not be taken, however, without giving the licensee at least ten days notice of the time and place of a hearing on the proposed rescission. Subd. 3. Person and Premises Licensed; Transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of the stock of a corporate licensee is deemed a transfer of the license. and a transfer of stock without prior Council approval is a ground for revocation of license. 800.25 Persons Ineligible for License. No license shall be granted to any person made ineligible for such a license by state law. (ORD. #56-1992 - 5/11/92) 9 10/3/04 -1182- Mound City Code 800.30 800.30 Places Ineligible for License. Subd. 1. General Prohibition. No license shall be issued for any place or any business ineligible for such a license under state law. In addition, the existence of any of the following conditions render the applicant and the following premises ineligible for receipt of a Class A On-Sale license or a Class B On-Sale license: (a) Any restaurant which does not have a total market value, including land, building, and equipment, of at least $250,000 as appraised by the City assessor. The foregoing valuation provision shall not apply to the existing municipal On-Sale liquor dispensary or to the terms established by the Council. (b) Any hotel which does not have a total market value, including land, building, and equipment, of at least $500,000 as appraised by the City assessor. (c) Any restaurant or hotel located in any zoning district other then a commercial or commercial use district. Subd. 3. Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid. 800.35 Conditions of License. Subd. 1. In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this Section and of any other applicable ordinance, state law, or regulation. Subd. 2. Changes in Corporate Form Notification ReqUirements. Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws, or partnership agreement, as the cases may be, shall be submitted to the City Clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his or her spouse, parent, brother, sister, or child, exceeds 5%, and shall give all information about said person as is required of a person pursuant to the provisions of Subsection 800.10, Subd. 2. Subd. 3 Changes in Corporate Form - Early Termination of License. Any change of ownership or beneficial interest or sales of stock entitled to be voted at any meeting of the stockholders of a corporation which result in a change in voting control of the corporation by the persons owning shares of stock therein shall'be deemed equivalent to a transfer of the license issued to such corporation, and any such license shall be revoked and terminated 30 days after any such change in 10 10/3/04 -1183- Mound City Code 800.35, Subd.3. ownership or beneficial interest of shares, unless the Council shall have been notified of such change in writing and shall have approved thereof. Subd. 4. Changes in Physical Condition of Licensed Premises Notification Requirements. Proposed enlargement, alteration, or extension of premises previously licensed shall be reported to the City Clerk at or before the time application is made for a building permit for any such change, and the licensee shall also give such information as is required by Subsection 800.10, Subd. 2. Subd. 5. Licensee's Responsibility. Every licensee is responsible for the conduct of his or her place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this Section and the law equally with the employee. Subd. 6. Inspection. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the City to enter, inspect, and search the premises of the licensee during business hours without a warrant. In addition, the business records of the licensee, including federal and state tax returns, shall be available for inspection by the City Manager, or other duly authorized representative of the City or the City Council, at all reasonable times. Subd. 7. Display During Prohibited Hours. No On-Sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited. Subd. 8. Hours of Operation. No sale of liquor may be made between the hours of 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, and after 1:00 a.m. on Sunday. Every room, place, or premises where liquor is permitted to be sold, including cafe, restaurant, or dining room operated in connection therewith, pursuant to an On-Sale license, shall be closed and kept closed to the public during the times when a sale of liquor is prohibited under this subdivision. During said hours, no person or persons shall be allowed to be or remain within such room, place or premises, for any purpose whatsoever, except that the owner or licensee, his or her agents, servants, or employees, may be and remain there for the purpose only of cleaning, preparation of meals, necessary repairs, or other work in connection therewith. (ORD. 06-2003, 8/24/03) Subd. 9. Federal Stamps. No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. Subd. 10. Club Licenses - No sales to Non-Members. The sale of liquor under a Club license is restricted to members of the club which holds the license, and no licensee holding a club license shall sell liquor to persons who are not members or bona fide guests of members of the licensee club. (ORD 77-1996 - 2-27-96) 10/3/04 -1184- Mound City Code 800.35, Subd.11 Subd. 11. No Bar, Partition, Box or Screen Permitted. In any place of liquor, the liquor licensed for On-Sales sold shall be served and consumed at tables in the dining or refreshment room of the cafe, restaurant, hotel or club, and shall not be consumed or served at bars; provided the same may be served at counters where food is regularly served and consumed. All windows in the front of any such place shall be of clear glass, and the view of the whole interior shall be unobstructed by screens, curtains, or partitions. There shall be no partition, box, stall, screen, curtain, or other device which shall obstruct the view of any part of said room from the general observation of persons in said room; provided, however, that partitions, subdivisions, or panels not higher than forty-eight inches from the floor shall not be construed as in conflict with the foregoing; and provided, however, such license shall entitle the holder thereof to serve beer in a separate room of such restaurant to banquets or dinners at which are present not less than six persons. Subd. 12. Employment of Under Age Persons. Except as authorized by Chapter 340A of Minnesota Statutes, no person under age 21 shall be employed on any licensed premises. 800.40 Restrictions on Purchase and Consumption. Subd. 1. Liquor in Unlicensed Places. No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor On-Sale and/or a permit from the Commissioner of Public Safety under Minnesota Statutes Section 340A.414, and no person shall consume liquor in any such place. Subd. 2. Consumption in Public Places. No person shall consume liquor on a public highway, public park, or other public place. Subd. 3. Liquor in Hotel Guest Rooms. No sale of intoxicating liquor shall be made to or in guest rooms of hotels, unless the rules of such hotels provide for the service of food in guest rooms; nor unless the sale of such intoxicating liquor is made in the manner On-Sale are required to be made; nor unless such sale accompanies and is incident to the regular service of meals to guests therein; nor unless the rules or such hotel and the description, location, and number of such guest rooms are fully set out in the application for a license. Subd. 4. ProofofA~e. Any person who may appear to the licensee, his or her employees or agents, to be under the minimum age allowed by Chapter 340A of Minnesota Statutes shall upon demand of the licensee, his or her employee or agent, produce and permit to be examined a valid driver's license, a current Minnesota identification card issued pursuant to Section 171.07 of Minnesota Statutes, or in the case of a foreign national, a valid passport. 12 10/3/04 -1185- Mound City Code 800.40, Subd. 5 Subd. 5. No intoxicating liquor shall be sold, served, or consumed on the licensed premises during the time when a sale is prohibited by law. (ORD. 65-1993 - 8/3O/93) 800.45 Bottle Clubs and Locker Clubs - Set-Ups. Subd. 1. Definition - Liquor. Whenever used in this Subsection 800.45, the term "intoxicating liquor" and "liquor" shall include ethyl alcohol and any liquid of any kind, potable as a beverage, containing one-half (1/2) of one percent (1%) or more of alcohol by volume, and also any liquid of any kind potable as a beverage which is in fact intoxicating. Subd. 2. Unlawful Acts. No person shall manufacture, sell, give away, possess, or transport, or solicit, receive, or take any order for, intoxicating liquor; except that this prohibition shall not apply to ethyl alcohol intended for chemical, mechanical, medicinal, pharmaceutical, scientific, industrial, or sacramental purposes, if a license has been secured as provided by state law; nor to any liquor intended for such purposes; or except that a license has been secured pursuant to Subsection 800.05, Subd. 4, hereof. It shall be unlawful for any private club or public place, directly or indirectly or upon any pretense or by any device, to allow the consumption or display of intoxicating liquor, or the serving of any liquid for the purpose of mixing with intoxicating liquor without first securing a permit from the Commissioner of Public Safety and paying the annual fee as provided by Subd. 4 of this Section and Section 340A.414 of Minnesota Statutes. Subd. 3. Property Used in Violation Hereof a Nuisance. All places where intoxicating liquor are manufactured, sold, bartered, or given away in violation of law or where persons are permitted to resort for the purpose of drinking intoxicating liquors, as a beverage, or where intoxicating liquors are kept for sale, barter, or distribution in violation of law, and all liquors, bottles, kegs, pumps, bars, and other property kept at and used for maintaining such a place, and all vehicles used for illegal transportation of liquor, are hereby declared public nuisances affecting public morals and decency. Subd. 4. Annual Fee. Every private club or public place desiring to allow the consumption or display of intoxicating liquor, or to serve any liquid for the purpose of mixing with intoxicating liquor, shall on or before July 1 of each year, pay to the City' Treasurer a fee in an amount established in accordance with the provisions of Section 500 of the City Code, and shall be issued a written receipt therefor. If a portion of the year has elapsed when payment is made, a pro-rata fee shall be paid; but no such pro rata fee shall be accepted from any private club or public place which has violated Subd. 2 of this Section. In computing such fee, any unexpired zo/3/o~ -1186- Mound City Code 800.45 fraction of a month shall be counted as one month. The written receipt shall be posted in some conspicuous place upon the premises alongside the permit issued by the Commissioner of Public Safety and shall be posted at all times. (ORD. 01- 2001, 5/25/01) Subd. 5. Inspections. Any private club or public place allowing the consumption or display of intoxicating liquor shall be open at all reasonable hours for inspection by the Commissioner of Public Safety, his designated agents, and duly authorized peace officers of the City. Refusal to permit such inspections shall be a violation of this Section. Subd. 6. Exceptions. This Section does not apply to any premises licensed for the sale of intoxicating liquor under Subsection 800.05 hereof. Subd. 7. Deliveries. For the purposes of this Section, delivery and sale of intoxicating liquor shall be deemed to occur at the place at which a purchaser accepts possession of the intoxicating liquor from the seller thereof or from his or her agent or employee. If the purchaser of intoxicating liquor permits the seller thereof or any employee or agent of such seller to retain or reacquire possession thereof, the place of delivery of possession and sale for the purposes of this Section shall be deemed to be the place at which possession of such intoxicating liquor is thereafter redelivered to the purchaser. 800.50 Suspension and Revocation. The Council may either suspend for not to exceed 60 days or revoke any liquor license upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes, Sections 14.57 to 14.70. 14 10/3/04 -1187- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (g52) 472-0620 WEB: www. cityofmound.com April 21,2005 TO: FROM: RE: Mayor and City Council Bonnie Ritter American Legion Request to Amend Club License I am enclosing a copy of an email that I received from the Alcohol Enforcement Division regarding the addition of a deck or additional room to a premises with a club license. This email includes some suggestions. Our present city code, subsection 800.35, subd. 4, states that any proposed alteration or extension of premises previously licensed shall be reported to the City Clerk at or before the time application is made for a building permit for any such change, and the licensee shall also give such information as required by Subsection 800.10, Subd. 2. I notified the American Legion of this and that is why you have the request before you for consideration. Jim Roberge stated that he will be at the meeting on April 26th to answer any question you may have. Upon direction of the Council, a resolution for amendment to their club license can be prepared and put on the consent agenda for the following meeting. Page 1 of 1 Bonnie Rifler From: To: Cc: Sent: Subject: "Mueller, Scott" <Scott. Mu~ller@state.mn.us> <BonnieRitter@cityofmound.com> "Erickson, Al" <Al. Erickson@state.mn.us> Monday, April 04, 2005 1:51 PM RE: Clubs Bonnie, If the clubs build a room onto their existing buildings and entrance is gained by an interior door the facility would remain "compact and contiguous", thus members and bona fide guests could move with alcohol into the new room and drinks served. Likewise, a deck could be attached to the building, preferably accessible from the inside only and members and bona fide guests could consume alcohol on it. In both .instances the city should have the licensee amend their license application to include the new room or deck. If the licensee were to build a totally separate structure it would no longer be "compact and contiguous", thus a new license would need to be applied for and approved. These answers do not take into consideration the smoking ban ordinance, but only the consumption and sale of alcohol as regulated by MN Chapter 340A. I hope this answers your questions. Scott Mueller, Special Investigator Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division -1189- Minnetonka Post :398 AMERICAN LEGION 2333 WILSHIRE BLVD., MOUND, MN 55364 (6'12) 472-5982 April 21, 2005 Mound City Council The Mound American Legion Club is requesting to extend it's boundaries of it's existing Liquor License to include a 28' X 16' fenced in patio in the rear of our building. Thank You, Jim Roberge Bg~r,~of Governors -1190- -1191 - d 0 n z o Z b_ 0 Z >- >: n.- z r'O~ Z Z .................. 00'09 ............... /~ ,,g~ ,6!,o00 N .f -1192- CALL TO ORDER LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, March 23, 2005 Wayzata City Hall Van Hercke called the meeting to order at 7:04 p.m. ROLL CALL Members present: Katy Van Hercke, Minnetonka; Doug Babcock, Tonka Bay (arrived late); John Berns, Wayzata; David Gross, Deephaven; Steve Johnson, Mound; Pete Nelson, Victoria; Tom Scanlon, Spring Park; Tom Seuntjens, Uinnetonka Beach; Herb Suerth, Woodland; Cree Zischke, Greenwood. Also present: Charles LeFevere, LMCD Counsel; Greg Nybeck, Executive Director; Judd Harper, Administrative Technician. Members absent: Paul Knudsen, Minnetrista; Tom Skramstad, Shorewood; Jose Valdesuso, Excelsior; the City of Orono has no appointed member. CHAIR ANNOUNCEMENTS, Vice Chair Van Hercke There were no Chair announcements. READING OF MINUTES. 3/9/05 LMCD Regular Board Meeting MOTION: Seuntjens moved, Johnson seconded to approve the minutes from the 3/9/05 LMCD Regular Board Meeting as submitted. VOTE: Ayes (8), Abstained (1, Gross); motion carried. PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) There were no comments from the public on subjects not on the agenda. CONSENT AGENDA- Consent agenda items identified with a (*) will be approved in one motion unless a Board member requests discussion of any item, in which case the item will be removed from the consent agenda. Berms requested that agenda item 5A be removed from the consent agenda. Seuntjens moved, Nelson seconded to approved the consent agenda as amended, removing agenda item SA. Motion carried unanimously. Items so approved include: 1F, 2005 Multiple Dock Licenses, staff recommends Board approval of 2005 renewal, without change, multiple dock license applications as outlined in 3/17/05 staff memo, and 3A, Audit of vouchers (3/16/05 - 3/31/05). -1193- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page2 PUBLIC HEARINGS · City of Wayzata, new multiple dock license application to add one Boat Storage Unit (BSU) for the storage of a Wayzata Fire Department fire/rescue boat. Van Hercke opened the public hearing at 7:09 p.m. and asked Harper for background. Harper reviewed the staff memo, dated 3/17/05, which summarized the City of Wayzata new multiple dock license application. He recommended the Board approve the application for the 2005 season. He entertained questions or comments from the Board. Zischke asked how the City of Wayzata dealt with a fire/rescue boat in 2004 and previous years. Berns stated that he was on the fire department and also served on the Wayzata City Council. Wayzata has recently purchased a larger fire/rescue boat that was surplused through the federal government. Prior to this fire/rescue boat, Wayzata had a smaller boat that was trailered to the lake. The purpose for wanting to store this new fire/rescue boat on the lake is to improve response time. Van Hercke stated that there were representatives from the City of Wayzata to address any comments or questions that the Board might have. There being no comments from either the applicant or the public, Van Hercke closed the public hearing at 7:11 p.m. MOTION: Scanlon moved, Berns seconded to approve the City of Wayzata new multiple dock license application to add one BSU for the storage of a Wayzata Fire Department fire/rescue boat for the 2005 season. VOTE: Motion carried unanimously. · Al and Alma's Supper Club (Site 2), new multiple dock license and special density license applications to reconfigure the storage of six charter boats at the multiple dock facility. Van Hercke opened the public hearing at 7:14 p.m. and asked Nybeck for background. Nybeck reviewed the staff memo, dated 3/18/05, which summarized the applications for Al and Alma's (Sites 1 and 2). This included a 2005 renewal, without change, multiple dock license application for Site I and new multiple dock and special density license applications for Site 2. He reviewed these applications for Site 1 and 2 during the public hearing, although a public hearing was only required for Site 2. He recommended the Board consider two actions for Site 2. These included: 1) to direct LMCD counsel to prepare Findings of Fact and Order for approval of the special density license application for the storage of six charter boats, subject to continuing the public amenities in the 6/27/84 Order and 2) carrying over any previous conditions in the 6/27/84 Order and multiple dock licenses. He suggested that the Board might want to consider publishing a second public hearing for the 4/13/05 LMCD Regular Board meeting because the original public hearing notice did not include the reference to the special density license application. He entertained questions or comments from the Board. Babcock arrived at 7:20 p.m. during the background provided by Nybeck. -1194- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 3 Seuntjens asked for clarification of the beam of the two charter boats to be stored on the outside of the dock at Site 2. Nybeck stated that he believed the beam of the two charter boats was 14'. Zischke asked for clarification on length, and side setback requirements at Site 2. Nybeck stated that the dock and boat storage would comply with length and setback requirements, provided the charter boat to be stored at BSU 6 is pulled close to shore and stored within the first 50' of dock. Berns asked for LeFevere to comment on the public hearing notice referenced by Nybeck and whether there is a need to publish for a second public hearing, LeFevere stated that he believed that this is a judgement call. If the Board is uncomfortable with the original public hearing notice, it would be easy to correct this by continuing the public hearing to the next Board meeting on 4/13/05 and consider the application at that time. This would protect both the applicant and the Board if a complaint were received from the public in the future that challenged the Board's decision. He pointed out that staff corrected the public hearing notice after the oversight was noticed and that this notice was sent to all residents within a 350' radius from the site. He also questioned whether public amenities would be of concern to the public because the applicant has proposed continuing those included in the 6/27/84 Order. Van Hercke stated that there were representatives from Al and Alma's to address questions or comments from the Board, She asked if there was anyone from the public in attendance to comment on the applications. Ms. Shirley Gustafson, 5142 Tuxedo Blvd., stated that she resided eight houses away from Al and Alma's. She questioned what a pubic amenity was and who would police compliance with the amenities. She stated that she had a previous experience with dumping that neither the LMCD nor the City of Mound wanted to deal with. Nybeck stated that there are a wide variety of public amenities that fall into either the public access, environmental protection, or public service categories. Approved public amenities are to be provided by the applicant annually and LMCD staff monitors to verify that they are being provided, primarily through the multiple dock license inspection process. Zischke asked Ms. Gustafson to further elaborate on the dumping comment that she made during her testimony. Gustafson stated that she had concern about the dumping of leaves near the Al and Alma's parking lot in 2004. These concerns were sent to both the LMCD and the City of Mound. Nybeck stated that he recalled discussing this with Ms. Gustafson and this matter was referred to the City of Mound because it is outside of the LMCD's jurisdiction, -1195- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 4 Mr. Shaun Tancheff, 5174 Tuxedo BIvS., stated that he owned.the property to the east of Site 2 and that he has no problem with Al and Alma's. He recommended the Board approve the applications. MOTION: Babcock moved, Johnson seconded to continue the public hearing to the 4/13/05 LMCD Regular Board Meeting and re-advertise. VOTE: Motion carried unanimously. MOTION: Babcock moved, Gross seconded to direct LMCD counsel to prepare Findings of Fact and Order for approval of the special density and new multiple dock license applications, subject to: 1) continuing of the public amenities in the 6/27/84 Order, and 2) the installation of a fence, with "No Parking" signs, on the last 50' of dock on the east-side of the finger between BSU's 5 and 6. Zischke stated that she would like to ensure that the follow-up of the public amenities is conducted on an annual basis. VOTE: Motion carried unanimously. Mr. Jay Soule, Manager for Al and Alma's, addressed the fencing and "No Parking" signage requirement. This is already done on the west side of the transient docks at Site 1; however, he questioned whether it would be safe for staff when launching and landing charter boats. He stated that he believed signage would be more appropriate. Babcock stated that he included the need for fencing and signage because there already is a pressure for the public to find docking space at Al and Almas's. He reminded the Board that parking a boat at the last 50' of dock behind the charter boat at BSU 6 is not within the authorized dock use area and that a barrier would prohibit the use of this part of the dock. The Board discussed the comments made by Mr. Soule. The consensus of the Board was that Al and Alma's could bring back an alternative plan for consideration by the Board when the draft Findings are considered that would meet the objectives of the LMCD and Al and Alma's. WATER STRUCTURES A. Al and Alma's Supper Club (Site 1), consideration of 2005 renewal, without change, multiple dock license application. Van Hercke asked Nybeck for background on this agenda item. Nybeck stated that he provided the background for Al and Alma's (Site 1) during the public hearing for Site 2. He recommended the Board approve the 2005 renewal, without change, multiple dock license application for Site 1 for the 2005 season, grandfathering the 20 transient BSU's. This would change the status of this facility from a legal, conforming facility to a legal, non-conforming facility. -1196- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 5 LeFevere stated that the 6/27/84 Order granted a special density license for both Sites 1 and 2. This included five additional BSU's at the 50' of lakeshore frontage at Lot 25. In 1984, two special density licenses should have been approved rather than one. He recommended that Site 1 could be approved yet maintaining the special density license. MOTION: Babcock moved, Van Hercke seconded to approve the 2005 Al and Alma's renewal, without change, multiple dock license application for 20 transient BSU's, subject to: 1) carrying over any conditions from the 6/27/84 Order and previous multiple dock licenses, and 2) requiring the applicant to annually document public amenities provided for Sites 1 and 2. VOTE: Motion carried unanimously. B. Eagle Bluff HOA, consideration of 2005 new multiple dock license application (Public hearing was conducted at the 2/23/05 Board Meeting). Van Hercke asked Nybeck for background on this agenda item. Nybeck reviewed the staff memo, dated 3/17/05, which summarized the Eagle Bluff HOA new multiple dock license application. He recommended the Board approve the 2005 new multiple dock license application, utilizing Plan A, with four conditions. These conditions included: 1) docking and boat storage at Outlot C must be consistent with the approved site plan, dated 2/1/05, 2) all shoreline at Outlot B has been transferred to Outlot C and no docking or watercraft storage is allowed at Outlot B, 3) Outlot B must be maintained in essentially a natural state and may not be used for residential dwelling units or commercial uses, and 4) a new multiple dock license application must be applied for and approved by the LMCD Board of Directors if five or more restricted watercraft are stored at Outlot A. He entertained questions or comments from the Board. Babcock stated that he would like to the have the setbacks documented from the extended side site lines at Outlot C. Gross questioned whether the LMCD could dictate land use, He was concerned with condition 3, which states that Outlot B must be maintained in essentially a natural state and may not be used for residential dwelling units or commercial uses. Babcock clarified that this restriction is part of code section 2.02 Subd. dealing with density shifting. He stated boat density shifting is an exception to the normal part of LMCD Code. He explained that the applicant has a choice of developing the property as they normally would be able to under city code and not shift boat storage density or if they want to shift density, the Board felt that there was some value in maintaining the property in a natural state where the boat storage density came from. He stated this is the applicant's choice. -1197- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 6 MOTION: Gross moved, Babcock seconded to approve the Eagle Bluff HOA new multiple dock license application for 2005, subject to the four conditions recommended by Nybeck and requiring the applicant to document the setbacks from the extended side site lines at Outlot C, VOTE: Motion carried unanimously. C. Dancing Waters DOA, consideration of 2004 and 2005 renewal, without change, multiple dock license applications (Channel, North, Peninsula, and South sites). Van Hercke asked for background from Nybeck on this agenda item. Nybeck reviewed the staff memo, dated 3/16/05, which summarized the 2004 and 2005 Dancing Waters DOA renewal without change applications for the channel, north, peninsula, and south sites. He pointed out that the City of Minnetrista has expressed concern about the LMCD approving these applications because the Dancing Waters DOA planned unit development (PUD) does not exist any longer. He believed that there were two approaches for the Board to consider. First, the Board could approve the renewal applications for 2004 and 2005 as requested by Carlson Real Estate. This would not preclude Carlson Real Estate from getting the proper permits from the City of Minnetrista for the PUD and docking, and would require a subsequent review by the LMCD if docking configurations change in the future. Second, the Board could require Carlson Real Estate to submit a new multiple dock license application(s), which would require a public hearing, because Carlson Real Estate voluntarily abandoned these sites in 2004. He entertained questions or comments from the Board. Gross asked for a legal clarification of the Dancing Waters DOA and to whom the permits would be issued. Mr. Mike Byrd, representing Nautical Development, stated that Carlson Real Estate owns the property and that Nautical Development has an agreement to purchase this site from them. He assumed that Dancing Waters DOA is incorporated and associated with Carlson Real Estate. Babcock asked Byrd if the purchase agreement gives Nautical Development either ownership or control at this time. Byrd stated that the purchase agreement does not give Nautical Development either ownership or control at this time. Instead, it is an option to purchase agreement after exercising due diligence. However, he clarified that he was also in attendance representing Carlson Real Estate to get the permits issued in their name. The viability of this site is tied to the availability of docking permits and no changes are proposed from what was originally approved in 1995. Van Hercke stated that she was more comfortable considering the request through a new multiple dock license application, with public hearing, rather than through renewal without change applications. -1198- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 7 MOTION: Van Hercke moved, Babcock seconded to deny the 2004 and 2005 Dancing Waters DOA renewal, without change, multiple dock license applications (Channel, North, Peninsula, and South sites) because they are not renewal applications, subject to refunding the fees collected. VOTE: Motion carried unanimously. Bayview HOA, new multiple dock license application submitted on 9/22/76 to back license 10 Boat Storage Units (BSU's) on a 100' wide outlot on Smithtown Bay (The applicant has amended its request to seven BSU's). Van Hercke asked Nybeck for background on this agenda item. Nybeck reviewed the staff memo, dated 12/1/04, which summarized the Bayview HOA new multiple dock license application. He recommended the Board direct LMCD legal counsel to prepare Findings of Fact and Order to deny the Bayview HOA new multiple dock license application because he believed the intent for docking is clear because of the Declaration of Covenants agreed to by the developer in 1977 and their inability to provide proof of what was legally in existence on 5~3~78. He stated that LeFevere would provide further background on this. LeFevere made the following comments: · Legal counsel for Bayview HOA, Thomas Radio, has submitted a packet of information by the date requested by the Board. He thanked Mr. Radio for complying with the LMCD's request because this has allowed the LMCD time to review this packet in advance of this meeting. · As pointed out by Nybeck, the outlot in question has approximately 100' of lakeshore frontage. Thus, Bayview HOA can store two restricted watercraft at this site under current Code provisions. Bayview HOA asserts that there are some historical factors that change this storage result and that the association should qualify for a different treatment. · Mr. Radio has raised three arguments for this different treatment. These included: 1) the facility qualifies for grandfathered status as allowed under LMCD Code, 2) approval of the application is mandated by state law under the 60-day rule, and 3) approval is mandated under the legal doctrine of estoppel. · The different treatment of the application, as proposed by Bayview HOA, would be based on an application submitted in 1976 for 10 BSU's. A public hearing was scheduled in 1976; however, it was tabled at the request of Laketown Township. In 1977, the developer recorded covenants and an easement on the property providing that there would not be more than two watercraft stored at this outlot, with these two watercraft designated to two specific residences. Enforcement of these covenants is not the responsibility of the LMCD. · In the early years of the LMCD, docking and boat storage was restricted only by what would fit within dock use areas. In 1978, the LMCD adopted the 1:50' General Rule, subject to certain exceptions, and existing facilities were grandfathered. Code Section 2.02, subd. 4 states that "Docks and mooring areas lawfully in existence on May 3, 1978 may continue". The Board back licensed these facilities that would have qualified for a license under all of the Code provisions prior to adoption of the 1:50' General Rule but -1199- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 8 were ignorant of the new law. The Board has never back licensed a facility that was not in existence on the grandfather date of an adopted ordinance. · Mr. Radio has made three arguments relating to back licensing. First, the factual records regarding what was in existence in 1978 is."unciear". LeFevere stated that it might be more accurate to stated that no evidence has been presented and no one has asserted that more than two boats were stored at the outlot in 1978. Mr. Radio has asserted that several docks may have been in existence in' 1978. The Code states that "such licenses and permits for grandfathered facilities will be issued only after a public hearing and upon presentation of evidence deemed sufficient by the Board to prove the dock or mooring areas was in existence on May 3, 1978 and the number of restricted watercraft applied for were docked or moored at such facility as of such date". LeFevere has stated that it is not enough to say that the record is unclear and that several docks may have been in existence. The second argument made by Mr. Radio is that actual physical existence as of a grandfathered date is not required. LeFevere stated that he disagreed with this argument because the Code requires a physical presence and not merely the submittal of an application with a proposed site plan for the storage of watercraft at such date. The third argument is that the Board used a similar analysis for Howards Point Marina. LeFevere did not believe that was an appropriate comparison or a legally binding precedent. In the Howards Point Marina case, the Board was licensing off-lake storage under Code Section 2.045 rather than back licensing boats and docks under Code Section 2..02, subd. 4. In the Howards Point Marina case, the Board was licensing off-lake storage on land and these grandfathered rights are different than those on public water. He reminded the Board that the Howards Point Marina parking lot was in existence on such grandfathered date, which Bayview HOA has been unable to establish. Therefore, LeFevere did not agree that the evidence presented to date demonstrates that the Bayview HOA application met the technical standards for grandfathering under Code Section 2.02, subd. 4. · The second argument raised by Mr. Radio is that approval of the application is mandated by the 60-day rule. This statute was adopted by the legislature in 1995 and requires certain types of governmental bodies to act on certain applications within 60 days. As a matter of law, these certain applications are deemed approved by state law if not acted upon by these certain types of governmental bodies. Mr. Radio has argued that the 1976 application was approved by the 60-day rule. LeFevere stated that he disagreed with this for a number of reasons. First, LeFevere questioned whether the language of the 1995 statute would apply to this type of application. However, the LMCD has attempted to comply with this statute whenever possible. Second, when the 60-day rule was adopted, the Bayview HOA application was nearly 20 years old. There is no indication in the statute that it would apply to all applications submitted prior to adoption of this statute that have not been acted on. Third, the statute of limitations bars a claim based on the 60-day rule that is more than six years old and the original application was submitted 29 years ago in 1976. Fourth, the application submitted was made by the developer rather than the association or current homeowners. No evidence has been provided that the rights under the application were assigned to the association. In fact, evidence suggests that the developer had no such intent, and abandoned the application. LeFevere stated that he believed these reasons provide a significant gauntlet of legal reasons why the application is not deemed approved by the 60-day rule. Even if Bayview HOA could prevail on these legal arguments - 1 200- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 9 and the application, were deemed approved by the 60-day rule, the application is for an annual license in 1977. No application was made for the any of the intervening 27 years. Simply having a permit is not enough to establish grandfathered rights on water any more than having a permit on land. · The third argument raised by Mr. Radio is that approval is mandated under the legal doctrine of estoppel. Under certain circumstances, the courts will determine that a party has been estopped from doing something because of their own conduct. In this case, Mr. Radio has claimed that the conduct of the LMCD has estopped the LMCD from asserting that the Bayview HOA has no grandfathered rights. For most of the history of this law for the state, estoppel has not applied to governmental agencies acting under their govemmental capacity. More recently, the courts have concluded that estoppel can apply to govemmental agencies on a very limited basis. In fact, the courts concluded in two of the three cases cited by Mr. Radio that estoppel did not apply. In order for estoppel to apply, certain elements need to exist. First, there has to be a misrepresentation by government of a material fact, which he did not believe applied in this case. Some of the reasons presented by Mr. Raido, such as boats being in the water or misrepresentation of docking rights at the neighborhood level, is not misrepresentation by the LMCD. Second, the representation made by the government has to be known by the government to be false. Third, the government has to have intended that its representation to be acted on. Fourth, the citizens to whom the representation was made must not know the facts. Fifth, the citizens have to rely on representations. Sixth, the reliance must have been detrimental to the citizens. In summary, LeFevere did not believe that there were facts necessary to establish estoppel. · He entertained questions or comments from the Board. Van Hercke asked Mr. Radio to comment on the application. Mr. Tom Radio, Hinshaw and Culbertson, stated that he was legal counsel for Bayview HOA and that he would be speaking on its behalf. He believed that LeFevere laid out the legal arguments that he prepared; however, he did not agree with some of the comments made by LeFevere. Radio stated that this is a key issue for eight residents of Bayview HOA because of the loss of access to Lake Minnetonka, which is quite valuable. These residents purchased their properties assuming that they had lake access, which resulted in an increased valuation of the property and increased property taxes. He provided an overview of the three arguments he laid out in the correspondence. First, by operation of the law under the 60-day rule, the application has already been approved. The 60-day rule applies to all municipal bodies, including the LMCD, and LeFevere has provided good legal advice relating to this. Review of case law indicates that the 60-day rule applies to the LMCD and there is a need to strictly comply with the statute. There have been three instances where the LMCD has not complied with the 60-day rule. The first instance was when the law was adopted in 1995. The application was submitted in 1976 and the LMCD has not been able to document that the application was either abandoned or withdrawn. In order to establish abandonment, there is a need establish a physical act and intent, neither of which has been done. Filing of the covenants in 1977 does not constitute an abandonment. Instead, it clarified docking rights for two properties in the development. Correspondence sent out by staff in July 1995 started the 60-day rule at that time and the Board did not either approve or - 1 201 - Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 10 deny the application. The second instance occurred when a letter was sent to Christopher Mach in March 2003 by Judd Harper. Mr. Mach then responded in April 2003, with two letters sent back to Bayview HOA in April and September 2003 by Nybeck. At that time, the Board did not act upon the 1976 application and it is approved based on the 60-day rule. The third instance occurred last March when Bayview HOA requested the Board to consider the application. In a letter from LeFevere to Nybeck, LeFevere recommended that the letter be treated as an application to assure that the LMCD does not run afoul with the 60-day rule. A letter was sent by Nybeck to Bayview HOA on 3/26/04 and its representative at that time, John Thomas, requesting a new application and not stating why the 1976 application was inadequate. Babcock questioned how Bayview HOA could take the position in the third instance that the application was deemed approved by the 60-day rule. In the letter sent by Nybeck, dated 3/26/04, it clearly states that the purpose of this letter was to inform Bayview HOA that the application was not complete. Radio stated that the deficiencies were not outlined in the letter prepared by Nybeck. The second legal argument is that the application meets the technical standards of the LMCD non-conforming use section as the docks were legally in existence on or before May 3, 1978. in the past, he believed that the Board has used the practice of what was physically in existence. He believed that this made sense when an application was not submitted. In this case, an application has been submitted that has not been acted upon by the Board. In 1978, he believed that there were probably two or three boats in existence. The Code reads that docks need to be lawfully in existence and this would have been complied with if the Board acted upon the application in 1976. A similar analysis was recently used by the Board when it back licensed off-lake storage spaces at Howards Point Marina. The third argument is that approval of the application is mandated under legal doctrine of estoppel. He did not agree with the legal argument summarized by LeFevere. He believed that the wrongful conduct by the LMCD of failing to act on the 1976 application justifies estoppel. The abutting properties to this outlot, plus other residents in the development, have supported docking at the outlot in some form. He believed that these three legal arguments make a powerful argument for the equities and legalities of the situation. He entertained questions or comments from the Board. Berns asked if it was fair to say that Bayview HOA cannot cite any case law or statutory authority that specifically states that the 60-day rule applies to dock license applications? Radio stated that he had not seen any case law pertaining to dock license applications. However, he believed it applies on a broad basis to all governmental agencies, including the LMCD. Berns asked if was fair to say that Bayview HOA cannot cite any case law or statutory authority that required all pending applications on July 1, 1995 to be immediately subject to the 60-day rule? Radio stated that he had not seen any case law. However, he believed that the courts have not cut governmental agencies any slack. - 1 202- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 11 Berns asked if it was to fair to say that Bayview HOA cannot cite any case law or statutory authority that defines existence as the mere right to create or build rather than physical existence? Radio stated that he had not reviewed case law pertaining to this question. However, he asked the Board to use the same analysis used for Howards Point Uadna. Berns asked if it was fair to say that there was no written request made or application submitted by Bayview HOA in 1994, 1995, 2003, or 2004, and the application' being considered by the Board was submitted in 19767 Radio stated that there was a written request made by John Thomas on 3/8/04. The question is whether this letter constitutes a new application, a request to backlicense to 1976, or to bring forward the 1976 application. Berns stated that if the Board were to grant the 1976 application, could Bayview HOA provide documentation that meets the LMCD standards for what was physically in existence on May 1, 19787 Radio stated that he believed what was physically in existence in 1978 was not relevant because the application is deemed approved by the 60-day rule in 1976. There was a dock in existence in 1978; however, he stated that he could not provide wdtten or photographic evidence. Berns asked if it were fair to say that Bayview HOA has no evidence that the LMCD was wrongful in 1976 and it is possible that the developer chose to withdraw the application, which is supported by the real estate documents? Radio stated that he did no believe that the real estate documents show the intent of the developer to abandon the 1976 application. Gross asked for clarification of who the applicant was in 19767 Radio stated he believed the applicant was the developer, which has subsequently gone out of business. Gross asked if the 1976 application was deemed abandoned when the developer went out of business? Radio stated that he did not believe so because he believed the rights to the application were passed on to the homeowners. Babcock asked Radio if he had case law to support that?' Radio stated that he was not aware of any case law. Scanlon asked if the Bayview HOA was a legal entity? - 1 203- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 12 Radio stated that Bayview HOA was recently legally incorporated in the past couple of years. However, there has been an informal homeowners association at the Bayview development since the mid 1970's. Scanlon asked for clarification on the deeds of the properties in the development? Radio stated that all 10 properties were provided lakeshore rights through a 1/10th easement to the outlot. Nybeck clarified that docking at the outlot, based on the covenants, was for the storage of two boats at one dock. The properties for these two boats were specified in the covenants. A second dock was allowed for ingress and egress, and the covenants allowed for the storage of ten canoes at this site. Babcock stated that the application before the Board for consideration was the 1976 application. He asked LeFevere to provide clarification of this. LeFevere stated that he believed the intent of Bayview HOA was to get approval of the 1976 application and licenses through to the current rather than just approval of the 1976 application for the 1977 season. The letter received from Mr. Thomas last March has been treated as an application to comply with the 60-day rule. He stated that Mr. Thomas provided additional information when Nybeck deemed the application incomplete last March. Some of this additional information included address labels within a 350' radius from this site, the names of the property owners abutting the outlot, and an amended site plan. The application submitted in t976 was likely complete at that time; however, it did not comply with the 2004 standards. Radio stated that the intent of his clients to was to get approval of the current application by backlicensing from 1977 through the current. Zischke stated that she would like to make a motion to deny the 1976 application submitted by Bayview HOA and all subsequent applications. The motion failed due to a lack of second. Babcock stated that he would like to get advice from LeFevere on how to proceed prior to the Board making a motion. He did not believe that Bayview HOA has provided any evidence that supports back licensing to the 1976 application. In fact, he questioned whether the 1976 application was valid and whether there was a need to deny the 1976 application. Zischke stated that she would like to deny the 1976 application to provide closure. Babcock stated that with the creation of the covenants, he believed that the developer had no intent to proceed with the 1976 application. Additionally, he questioned whether the 60-day rule applied to an application submitted in 1976. Because of this, it is quite possible that the application was either abandoned or withdrawn. LeFevere stated that if the Board was inclined to deny the 1976 application or the request made in 2004, he did not believe that the Board needed to clarify that at this time. He indicated that he - 1 204- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 13 would prepare draft Findings of Fact and Order and the Board could decide at that time what language to include to address the 1976 application and the request made by Mr. Thomas in 2004. He believed that the focus of the Board at this time should be whether Bayview HOA meets the requirements of the Code for licensing. Gross questioned whether discussion of grandfathering by the Board was appropriate because the only application included in the packet was a 1976 application. Nelson stated that he did not believe the Board had the legal proof to grandfather the facility and back license because Bayview HOA has not provided the proof of what was in existence in 1978. Zischke asked Nybeck why he has referred to the 1976 application in the documents prepared. Nybeck stated that the LMCD office received a request from Mr. Thomas on 3/10/04 for the LMCD to consider the application submitted in 1976. On 3/26/04, he stated that he sent a letter to Mr. Thomas stating the application was deemed incomplete. This letter was sent out on the 12th business day and 60-day statute required this letter to be sent by the 15th business day. After this letter was sent out, he stated that he had discussed with Mr. Thomas why the application was deemed incomplete and information needed. This included address labels, the names of the abutting property owners, and an assortment of other information required on a new multiple dock license application. On 4/26/04, Mr. Thomas submitted this information in response to the 3/26/04 letter deeming the request as incomplete. At that point, the request was deemed complete and the 60-day rule began. On 6/15/04, a letter was sent to Mr. Thomas requesting a 60-day extension. Subsequent consent forms were received from Mr. Thomas on 7/28/04 and 12/2/04 to extend the 60-day period. LeFevere stated that it is confusing on which application is being considered because of actions of Bayview HOA. The applicant would like the Board to grant a current multiple dock license by bringing back the 1976 application out of the file. Nybeck read the first paragraph of the letter received from Mr. Thomas on 4/26/04. It states "We appreciate your on-going guidance regarding LMCD procedures as they apply to our request for a 2004 Renewal (based on back-licensing to the 1977 Dock Season) for a non-conforming multiple dock license on Smithtown Bay. The purpose of this letter is to provide the additional information requested in your letter of March 26 and also to reiterate Bayview's assessment of the status quo". Radio stated that he believed the letter referred to by Nybeck was taken out of context and not an acknowledgement by Mr. Thomas that the request was incomplete. Babcock asked Radio if it was his preference for the Board to act on the request made in 2004 or to act only on the 1976 application. Radio stated that he agreed with the analysis provided earlier by LeFevere. - 1 205- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 14 LeFevere stated that there was a need for Radio to clarify for the record if the Board should act only on the 1976 application, which was complete at that time. This feedback is necessary because the Board needs to know what they have been requested to act on. Radio stated that the request has been made for the Board to act on the application from 1977 through 2005. LeFevere asked Radio if the 2005 application was completed in 19767 Radio stated that he believed the application was complete in 1976 and it carries forward to the 2005 application. Babcock questioned whether it is appropriate for the applicant to determine when an application is complete. He believed that this is the responsibility of the LMCD and the applicant cannot have it both ways. LeFevere stated that he did not want to have the Board get caught in a catch 22 where the Board is attempting to comply with two different standards. He believed that the applicant needs to clarify for the record whether the application is for the 2005 season and all prior years. Radio stated that the application was submitted in 1976 for 1977 and all subsequent years. Babcock questioned whether the Board could renew an application back to 1976 for a company that has become defunct. Radio stated his clients have followed the process established by staff. LeFevere questioned how the LMCD could comply with the 60-day rule when Radio has proposed that the application submitted in 1976 was complete for 1977 and all subsequent years, and also was nearly 28 years old when the LMCD received it in 2004. Nelson stated that he did not believe that the LMCD had any legal basis to approve an application and back license until Bayview HOA provides proof of what physically existed in 1978, He questioned whether there was a correlation between the 1976 application and the request made in 2004 by Mr. Thomas. MOTION: Zischke moved, Babcock seconded to direct LMCD counsel to prepare Findings of Fact and Order to deny the 1976 application submitted by Bayview HOA and all other requests made by Bayview HOA. Babcock proposed a friendly amendment to have the draft Findings clarify that Bayview HOA has not submitted any compelling evidence to qualify for grandfathering and that the current request would not comply with LMCD Code requirements. Zischke agreed to this. VOTE: Motion carried unanimously - 1206- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page15 E. Discussion of potential changes to LMCD Code Section 2.09 relating to deicing installations and the public comment process. Van Hercke asked Nybeck for background on this agenda item. Nybeck recommended the Board table discussion of this agenda item to a future Board meeting. MOTION: Zischke moved, Scanlon seconded to table discussion of this agenda item to a future LMCD Regular Board Meeting. VOTE: Motion carried unanimously. North Shore Marina East (Site '1), staff update of proposed site plan in conjunction with the reconfiguration of a non-conforming, multiple dock license application utilizing LMCD Code Section 2.015 (Public Hearing was conducted at the 3/9/05 Board Meeting). Van Hercke asked for background from Harper on this agenda item. Harper reviewed the memo, dated 3/18/05, which summarized the North Shore Marina East (Site 1) non-conforming multiple dock license application. This was approved by the Board at the 3/9/05 Board Meeting; however, parts of the site plan are not contained within the envelope established by the Board at that meeting. Thus, Mr. Anderson has proposed a revised site plan that is contained within the envelope for this site, based on the 2/23/81 approved site plan. This revised site plan complies with all requirements of LMCD Code Section 2.015 and he recommended Board approval for the 2005 season, with the conditions outlined in the staff memo. Babcock questioned why this application was brought back to the Board for review. Nybeck stated that this application needed to be revisited by the Board because the revised site plan includes the relocation of slips rather than just bringing the dock closer to shore. MOTION: Babcock moved, Johnson seconded to confirm staff determination that the revised site plan complies with the previous motion made at the 319105 Regular Board Meeting. VOTE: Motion carried unanimously. H. Additional Business. There was no additional business. 2. LAKE USE & RECREATION A. Chair update of 3/17/05 Lake Minnetonka Boat Density Sub-Committee Meeting; Van Hercke provided an overview of the 3/17/05 Lake Minnetonka Boat Density Sub-Committee meeting. This discussion is outlined in the Meeting Report for this sub-committee meeting. The - 1207- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 16 primary purpose of this meeting was to strategize how to receive feedback from the stakeholders. The next sub-committee meeting is scheduled for 4/7/05 and the purpose of this sub-committee meeting will be to refine the meeting notice and list of deliverables to receive feedback on. The stakeholders' meeting has tentatively been scheduled in place of the 5/11/05 LMCD Regular Board Meeting. Babcock stated that he would have a time limit established at this public meeting, with a second meeting if needed. B. Additional Business. There was no additional business. 3. FINANCIAL B. Additional Business. There was no additional business. 4. EWM/EXOTICS TASK FORCE A. Consideration of quotations for replacement motors for EWM Harvesting Program Equipment. Van Hercke asked Nybeck for background on this agenda item. Nybeck stated that there was a need to purchase replacement motors for the pontoon and transport barge. Based on state law, one quote was received for the pontoon motor and two quotes were received for the transport barge. For the pontoon, Tonka Bay Marina has submitted a quote for a 1999 40 horsepower Johnson motor. Total expenses for the purchase of the motor, labor, and sales tax were $3,080.00. MOTION: Seuntjens moved, Johnson seconded to authorize the purchase of the 1999 40 horsepower Johnson motor for the pontoon from Tonka Bay Marina, not to exceed $3,080.00. Babcock recommended a friendly amendment to the motion that this would include controls, labor and disposal of the existing motor on the pontoon. Seuntjens and Johnson agreed to this. VOTE: Motion carried unanimously. Nybeck stated that original and revised quotes were received from Tonka Bay Marina and Riverview Sports for the purchase of a 2005 150 horsepower Mercury Optimax motor. Total expenses for the purchase at Tonka Bay Marina was $15,300.01, compared to $14,212.55 at Riverview Sports. He stated that Riverview Sports has a new 2004 150 horsepower Mercury Optimax motor and the LMCD could deduct an additional $1,100 from the quote for the 2005 motor. He entertained questions or comments from the Board. - 1208- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 Page 17 MOTION: Seuntjens moved, Babcock seconded to authorize the purchase of a 2004 150 horsepower Mercury Optimax motor for the transport barge from Riverview Sports, not to exceed $13,112.55. VOTE: Motion carried unanimously. B. Additional Business. Herb stated that he and Nybeck had recently visited Heidi W°lf, Jay Rendall, and David Wright from the MN DNR to follow-up on how the costs break down for the public access inspection program the LMCD contracts with the MN DNR. He believed that this was a productive meeting and there was a letter, dated 3/23/05, which provides this breakdown. Suerth stated that the MN DNR has agreed to revisit some of these expenses at the conclusion of the season and he would keep the Board up to date on this. He updated the Board that approximately $400 had been received from the zebra mussel mailing sent out to Woodland residents. Nelson updated the Board that the TPT zebra mussel videos were recently sent out. He stated that Scanlon had communicated to him the idea of showing this zebra mussel video on LMCC cable television. The Board discussed this and the consensus was for Nybeck to check on potential dates with the LMCC on broadcasting this video, promoting this through the LMCD website, local newspapers, and city newsletters. ADMINISTRATION A. LMClT Liability Coverage. Waiver Form, staff recommends the Board approve a motion that the LMCD does not waive the monetary limits on municipal tort liability established by Minnesota Statutes Section 466.04. Van Hercke asked Berns to comment further on why he requested this agenda item removed from the consent agenda. Berns asked LeFevere to provide some background on monetary tort liability established by Minnesota Statutes Section 466.04. LeFevere stated that all but one of the public bodies that he represents do not waive the monetary limits on municipal tort liability. The primary purpose for this is that it saves the governmental bodies some money. There are those that believe that waiving municipal tort liability allows persons suing the government an opportunity for a more complete, or larger, recovery of damages. MOTION: Berns moved, Seuntjens seconded to approve a motion that the LMCD does not waive monetary limits on municipal tort liability established by Minnesota Statutes 466.04., VOTE: Motion carried unanimously - 1 209- Lake Minnetonka Conservation District Regular Board Meeting March 23, 2005 B. Additional Business. Them was no additional business. 6. SAVE THE LAKE There was no discussion, 7. EXECUTIVE DIRECTOR REPORT Page 18 There was no discussion. 8. OLD BUSINESS Zischke stated that she would like to have an update on the pending Canning civil lawsuit. The Board briefly discussed this and the consensus was to get a brief written update on this from George Hoff. 9. NEW BUSINESS Babcock updated the Board on two items. First, he understood that the City of Minnetrista had recently adopted an ordinance to protect Six Mile Creek. He believed that Board member Knudsen would be able to better to provide the details of this ordinance. Second, he stated that he would like to work with LeFevere on two Code amendments for future Board review, if the Board did not object. He believed that there was some need to further clarify length restrictions of the envelope for LMCD Code Section 2.015. He also believed that the Board might want to consider eliminating back licensing in the future based on recent requests. The Board discussed this and there were no objections from Board members. 10. ADJOURNMENT There being no further business, the meeting was adjourned at 11:04 p.m. Katy Van Hercke, Vice Chair Jose Valdesuso, Secretary -1210- Rpr 88 2885 17:38:4B gi~ Fax -> 9524?ZBGZB A&minis~ra~or ~age 8810~ 885 -FridayFax- A weekly legislat~'ve update from the League of Mmnasota Cities Inverse Condemnation to be heard on Monday On Monday, the Senate State and Local Government Committee will hear SF 1376 a proposal offered by Sen. Tom Bakk (DFL- Cook) that would allow a person to bring an action in district court to compel a political subdivision to commence a condemnation proceeding if the local unit of government directly or indirectly provides mixed municipal solid waste services that displace an existing waste hauler. The bill targets cities that are considering or have implemented organized solid waste collections under ~,finnesota Sta',t. utes 1 I. SA,. 94, the statute that allows cities to organize solid waste collections within their community in order to provide efficiencies, reduce overall costs to residents and enhance compliance with solid waste collections. Ifa city's regulatory action displaces an existing waste hauler or prevents the hauler from providing substantially the same services, that hauler would be able to compel the local unit of government to commence a condemnation proceeding. In 2004, similar but more expansive legislation was considered but was not approved by the Legislature. That bill would have created an inverse condemnation claim for almost any municipal action that could have impacted a private business. That bill was subsequently narrowed to apply only ~o waste hauling. The League will continue to voice concerns with this proposal and will report on the outcome of the hearing in next week's Cities Bulletin. April 8, 2005 Page 1 Turbo-Charged TNT On Wednesday, the Senate Tax Committee considered SF 1455. the Governor's "turbo- charged truth-in-taxation" bill, also known as the "taxpayer satisfaction survey." The bill, authored by Sen. Warren Limmer (R-Maple Grove), would eliminate the current truth-in- taxation hearing process and replace it with the taxpayer satisfaction survey for cities over 500 population that would be provided to property owners with the annual truth-in-taxation statement. The survey would be an attachment or an enclosure that would include the question "Are you satisfied with the proposed property tax levy for (city or county)" and also provide a space where the taxpayer can answer yes or no. Austin Mayor and League First Vice President Bonnie Rails testified on behalf of the League in opposition to the bill. She focused on the principle of representative democracy and the technical problems the turbo-charged proposal would create for cities, including the fact that the election would be held nearly one full month into the city's fiscal year. Mayor Reitz also highlighted the fact that the process would allow voters to react to the city' s preliminary September 15 property mx levy but not to any subsequent adjuslments to that levy approved by the council. The committee did not take action on the bill but comments from both Republican and DFL members indicated that the idea is in serious trouble. The committee might take action on the bill next week. The House has not yet scheduled the bill for a hearing although we expect the bill will be added to the House Tax Committee agenda in the near future. Quesa'ons ? Contact Craig Johnson, Questions? Contact Brian Stru b at 65]. 28], 125 9 or at .~i ohnson~;ilmnc.,.~r_g._ 65], 28J. ]256 or a bstrub(~¥mnc:.o~ For mom information on city l~gizlativ, ism~,, contact any rn,rnb~r of th, L,agu, 0f Minn**ota Citi~, Intergovernmental Relations t~am. 651.281.1200 or 800.925.1122 -1211- fl~ B~ Z005 17:39:Z4 ~ia Fax -> 9524?ZOGZO A&ninis%ra~or ~age 00Z 0£ 885 - F r i d ayF ax - Major pension bills yet to be considered On Thursday, the Legislative Commission on Pensions and Retirement finished the first phase of their work on the 2005 omnibus pension bill. The commission has acted on a number of smaller and less controversial pension provisions but has not yet addressed the larger and more controversial PERA Coordinated Plan and Police and Fire Plan contribution increases. According m the Pension Commission chair Larry Pogemiller (DFL-Minneapolis), the commission will, at some point in the coming weeks, consider these broader, pension funding bills. weakly legislatfve update from the League of M~nnesota C~t~es April 8, 2005 Page 2 contribution rates after 2010 as the actuary determines the plan's funding needs, rather than requiring legislative action on every adjustment. The bill would limit the annual adjustments to 0.25 percent per year.. On behalf of the PERA board, Sen. Don Betzold introduced SF286, the PERA Board's proposal to implement a five-year phased-in schedule of increases in the Coordinated Plan's employee and employer contribution rates that would begin on January 1, 2006. A separate bill, SF 620 also introduced by Sen. Betzold (DFL-Fridley), would provide additional savings to the plan by modifying an employee benefit known as augmentation. Under augmentation, an employee that leaves public service but leaves their contributions in the plan would accrue a benefit improvement of three percent per year until age 55 and five percent per year up to age 65. The bill would reduce the rate to 2.5 percent up to age 55 and eliminate adjustments after age 55. This proposal would save an estimated 0.35 percent of payroll and would reduce the needed contribution increases. The Board is also proposing in SF 286 to put in place an automatic adjustment provision whereby the PERA Board could adjust Earlier this year, several employee groups had publicly expressed their opposition to the PERA Board's proposal. However, AFSCME recently modified its position and they now do not oppose the shared contribution increases. SEIU, the service employees group, continues to oppose the PERA Board plan in favor of having employers pick up the entire cost of the necessary contribution increase. The current LMC policy supports a solution that would share the solution between the employee and employer, roughly consistent with the PERA Board proposal. We will report on any action in upcoming editions of the Cities Bulletin. Questions? Contact Gary Carlson at 65]. 28J. ]255 or at ~carlsonF?~2lmn. c. (?~;~ Local sales tax bills heard in the House On Wednesday, the House Property Tax division heard 19 bills dealing with specific local sales tax requests, and an additional three general bills granting sales tax authority for cities. All of the legislahon was laid over for possible inclusion in the committee's report of recommendations to the full Tax committee. The committee began their discussion with the three bills that would give broad general sales taxing authority to cities. Both HF 2285 Rep. Dorman (R-Albert Lea) and HF 128,:1. Rep. Lenczewski (DFL-Bloomington) apply to cities For more information on city legislative ismez, contact any member of the Leagu~ of Mirmesota Citie~ Intergovernmental Relations team. 651.281.1200 or 800.925.1122 -1212- ~pr 88 ZBf15 17:48:0G Via F~x -> 95Z47ZOGZB ~ainis~ra~or P~ge 883 Of 885 t.... .... " FridayF SIC - ax- ~,~,,i'~: .: ~'"~",,2'.,~',;~,." ii" '"' ,4 w~akly lag~slat~va u]adata from the Laagua of Mtnnasota outside the seven-county metro area for projects of regional significance, and not for any general operating costs. The biggest difference between these bills lies with the definition of regional significance. Rep. Lenczewski explained that she had considered including the metro area in her bill by making it statewide, but limited her legislation since its usually greater Minnesota cities coming and requesting the authorization. HF 2183 Rep. Davids (R-Preston) is a statewide bill covering cities over 2,500 population; the revenues would go towards increased police and ftre services. These measures were also laid on the table. Among the requesting cities: Albert Lea, Baxter, Bemidji, Clearwater, Cloquet, Hermantown, Mankato, Park Rapids, Proctor, Rochester, St. Augusta, St. Cloud, St. Joseph, Sa-tell, Sauk Rapids, Waite Park, Willmar, Winona, Worthington. The lone county request came from Mower County for their county criminal justice center. Kudos to all of the local officials who traveled to Saint Paul to make their case; some city officials waited seven hours for their bill to be heard. The day was a long one as the committee met in their two-hour time block and then took a break for floor session before coming back for a three hour hearing. While no one verbally testified against, a memo from the statewide MN Chamber of Commerce was submitted opposing general authority for local sales taxes. Most of the individual requests came in with letters or resolutions of support from their local chambers. City officials were questioned on a number of issues surrounding the local option authority. One was the possibility of an LGA offset for April 8, 2005 Page 3 those cities who are granted a sales tax. Rep. Dorman countered that currently cities with sales taxing authority do not have an offset of their LGA. Another line of questioning for a number of city officials came from Tax Chairman Krinkie asking why it was good to have the approval of voters with an authorizing referendum on their sales mx, but not with the governor's turbocharged TNT plans. On the Senate side, the Tax committee has heard most of these individual requests and included a number of them in their Tax 2 proposal, SF 1683, which passed the Senate floor and is awaiting possible conference committee action. Questions? Contact dannifar 0 ~ourk, at 651.28.1,1261 or Loroi.~rko!g~mmr. o~_,g Salary cap repeal awaiting floor action in the House Legislation that would give Minnesota cities and counties conlrol over local compensation decisions has cleared two House committees and is now awaiting a vote on the House floor. The House is expected to consider HF ¢)95 in mid to late April. Current law limits the compensation of local government employees to 95 percent of the governor's salary. HF 995 would repeal this outdated law and eliminate the related cap on salary that is counted for pension purposes. Rep. Ron Erhardt (R-Edina) is the chief sponsor of the House proposal. Senate bill, SI:__~' ; ?. 9_ .>, is being carried by Sen. Steve Kelley (DFL-Hopkins). Minnesota is the only state in the nation that limits the compensation of local government For more information on city legislative issues, contact any ra~nb~r of the League 0£Minnesota Cities Int~rgowrnm~tal Relations team. 651.281.1200 or 800.925.1122 -1213- ii 95Z4?ZBGZA A&lninis~ra'cor l~age 084 0£ 805 -FridayFax- A wa~kly lag~slat~va u. vdatafrom tha League of Minn~sota Om'as employees. This state-imposed cap has put Minnesota at a competitive disadvantage when it comes to recruiting and retaining top-level local government administrators. The cap has also produced salary compression within and across jurisdictions, and has led to inequitable treatment of similar positions in different jurisdictions. For several years, cities and counties have urged the Legislature to repeal the local government compensation limit and allow local elected officials to make important decisions involving employee compensation. While the House bill repeals the salary, cap, the Senate version was amended in committee :o increase the compensation limit to 110 percent of the governor's salary. The committee sent SF 953, as amended, to the Senate floor. The League of Minnesota Cities strongly supports repealing this arbitrary limit on local govemmen~ compensation. We encourage local officials to contact :heir representatives in the next week to urge them to support HF 995 and eliminate the local government salary cap. April 8, 2005 Page 4 taken out by the Senator Anderson during Wednesday's full Commerce committee as the votes were not there to keep it in. The League, as well as Minneapolis voiced concerns about the unfunded mandate. The MN Licensed Beverage Association has been concerned about the ramifications of failing a compliance checks, as well as the possibility that some cities may raise their licensing fees to compensate for the costs associated with compliance checks. Currently, off-sale license fees are capped, and have been for 20 some years. While the issue is unlikely to move forward this legislative session, both chief authors have expressed their commitment to the issue and are interested in finding some common ground with the concerned groups. Questionx: Contact ],nnif, r O 'Rourk, ar 651.28J. ! 261 or ioromqco~-b, lm. nc. Delayed assessment bill up Monday in the Senate Quastions? Contact Laura O~erdahl at (651) 281-1260 or i_szV"&rdahl(~.D, iranc, org Alcohol compliance checks legislation stops-for now Both the Senate and House laid over mandate imposing legislation this week with bills that would have mandated cities conduct compliance checks on their liquor licensees. HF 687 Rep. Bernardy (DFL-Fridley) was heard in the Liquor Subcommittee on Tuesday, and was laid on the table. The companion SF :~_.4_z.}.2'!: Sen. Anderson (DFL-Saint Paul) had been incorporated into the liquor omnibus bill, 664.,during the Liquor subcommittee, but was On Monday, the Senate State and Local Government Committee will hear SF 1684., which is a bill that would allow a city to delay the assessment for road and streets, by amending MS 429.051. A city would use this when property is located outside the city and abuts the street (the improvement), but has not been previously assessed for the improvements. Current law allows a city to recoup the costs for water, storm sewer or sanitary improvements by levying additional assessments on the property benefiting from the improvements. SF 1684 (Senjem R-Rochester) will be heard in the Senate State and Local Government Committee, which starts at noon. If your city For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1122 -1214- ~pr OB 2085 17:41:~1 gi~ Fax -> 95Z47ZOGZO ~&ninistra~or Page 885 Of 885 'd yF -Fr a ax- might benefit from this, and you have a legislator on the Senate State and Local Committee--give them a call or email Monday a.m. Committee members can be found at _~wwv. senate, leg .nm.~u~. A weekly legislative update from the League ofgartnnesota Cftfes April g, 2005 Page 5 Cable industry lobbyists are working to defeat the bill. Questions? Contact Jennifer 0 'Rourke at 651.281.1261 or atiorourkeChlmnc, org ACTION ALERT: City voices needed to support cable competition HF 1319, authored by Rep Mike Beard (R- Shakopee), will be considered by the House Regolated Industries Cornmittee Tuesda~ April 12. Please call any of the members of the committee listed as well as local legislators who represent your city. Urge them to support HF 1319 or to encourage members of the Regulated Industries Committee to do so. Cities have an important stake in the outcome of the vote to move this bill forward. The League and the Minnesota Association of Community Telecommunications Administrators (MACTA) l~ave worked with the Minnesota Telecommunications Alliance to develop legislation that, allows cities to grant an additional franchise and determine whether the new franchisee will serve an area similar to or different than that served by the incumbent cable company; requires the incumbent cable company to connect the competitive cable franchisee to existing channel feeds so customers that subscribe to the competitor can receive public, educational and government programming on the same channel numbers as those who subscribe to the incumbent cable company; and requires cities to assure that the terms of the additional franchise do not discriminate on the basis of income status (no "redlining"). O_,uestions? Contact Ann 2¥iggins 28.t. _125 7 or at ahiggin~lmnc, Legislative meetings in your city Legislators regularly hold district and town hall meetings to update residents on key issues at the Capitol. These meetings in are a great chance to meet with your legislators and tell your city story close to home. Upcoming meetings in a city near you include: April 9 in St. Louis Park (SLP Sr. High School, 10am) with Rep. Steve Simon April 9 in Walker (Cass County Court House, 10am) with Sen. Carrie Ruud, Reps Larry Howes, Frank Moe, Brita Sailer To receive e-mail notification of upcoming town hall meetings near you, subscribe online at httv://,~w.hou se.leg, state.mn :us/m aillisl;/maili nglist.a., ~sp AN IMPORTANT REMINDER MN Mayors Association Annual Conference April 22-23//Brooklyn Center Friday, April 8th is the deadline for hotel reservations for overnight accommodations for the Holiday Inn Select in Brooklyn Center. The deadline for Conference regislration is Friday, April 15th. You can access the brochure on the GTS website Home Page (www.mngts.org) or you can call Carol Sabatke at 651-222-7409 x205 to have her fax you a copy! For more information on city legislative issue~, contact any m~rnbtr of the League oFMinnesota Cities Int~rgovtrnm~ntal Relations team. 651.281.1200 or 800.925.1122 -1215- General Fund $1,567,678 CDBG 0 Area Fire Protection Services 182,662 Dock 208,636 Mound HRA 506 G.O. Equip. Certf. 2004 - C 86,800 G.O. Bonds 2001 - C 41,352 Commerce Place TIF (383,373) G.O. Bonds 2003 - C TIF 1-2 134,662 G.O. Bonds 2001 - A 8,696 G.O. Bonds 2003 - A 195,633 G.O. Bonds 2004 - A 149,172 HRA Lease Rev Bonds (382,137) Capital Improvement 1,334,618 MSA 312,520 Sealcoat (t 02) CDB 5,733 Downtown TIF 1-2 (300) HRA Public Safety Bldg 29,331 Water 2,177,898 Sewer 1,185,015 Liquor Store (487,270) Recycling 6,603 Storm Water 868,203 Fire Relief (29,650) Note: The above schedule shows the combined cash and investment balances by fund for the months indicated as recorded in the General Ledger. The balances do not reflect receivable, payables, authorized transfers, encumbered funds, or dedicated/reserved resources, etc. Only some accrued transactions are reflected. Investment income will be distributed to the funds at the end of the year and is not included. A long and complete process is followed to record all transactionS, before we close the books, at the end of the year. In addition, the audit from the independent auditor is performed and an official Comprehensive Report will be presented to the City Council and made available to interested parties. In no way this schedule is intended to represent balances of funds available for spending. 04112/2005 CashReportCouncil Gino -1216- CITY OF MOUND BUDGET EXPENDITURES REPORT March 2005 25.0 0% GENERAL FUND Council Promotions City Manager/Clerk Elections Finance Assessing Legal City Hall Building & Srvcs Computer Police Emergency Prepardeness Planning/Ins pections Streets Recreation-Community Srv.~ Parks Cemetery Transfers Cable TV Contingencies March 2005 YTD BUDGET EXPENSE EXPENSE 78 850 3 750 291 290 1.250 247.440 83.300 160 420 115 $60 21 430 ,378,530 7,100 341,930 884,150 3,000 385,590 9,880 271,080 45,000 54.720 PERCEINT VARIANCE P~ 7,571 14,948 63,902 18.9 6% 0 3,750 0 100.0 0% 31,808 71,650 219,640 24.60% 7 7 1,243 0.56% 26,267 60,345 '187,095 24.3 9% 24 24 83,276 0.0 3% 13,272 19,005 141,415 '11.85% 8,527 22,895 92,765 19.80% 55 2,642 18,788 12.33% 135,689 353,679 1,024,851 25.66% 1,563 2,474 · 4,626 34.85% 19,525 56,443 285,487 16:51% 6'1,668 156,512 727,638 17.70% 0 0 3,000 0.00% 38,159 77,955 307,635 20.22% 936 936 8,944 9.47% 0 73,586 197,494 27.15% 0 0 45,000 0.00% 2,000 2.000 52,720 3.65% GENERAL FUND TOTAL 4.384.370 347.071 918.851 3.465.519 20.96% Area Fire Service Fund 735,710 34,920 112,514 623,196 15.29% Dock Fund 166,170 8,473 33,866 132,304 20.38% Capital Projects 26,3'10 12,945 48,178 (21,868) TIF 1-2 0 86,744 94,383 (94,383) Water Fund 779,440 61,851 179,457 599,983 23.02% Sewer Fund 1,227,150 128,102 469,008 758,142 38.22% Liquor Fund 584,370 52,482 134,737 449,633 23.06% Recycling Fund 168,160 9,859 29,237 '138,923 17.39% Storm Water Utility 126,630 4,973 38,442 88,188 30.36% Exp-02 0411212005 Gino -1217- CITY OF MOUND BUDGET REVENUE REPORT March 2005 25.00% GENERAL FUND Taxes BUBiness Licenses Non-Bus iness Licenses/Permits Intergovernmental Charges for Services Court Fines Street Lighting Fee Franchise Fees G.O. Equipment Certificates Charges to Other Dpts Other Revenue March 2005 YTD I=ERCENT BUDGET REVENUE REVENUE VARIANCE ~ 2,402,210 0 0 (2,402,210) 20,950 850 2,725 (18,225) 265,000 9,788 23,976 (241,024) 375,630 0 43,435 (332,195) 262,850 5,554 14,622 (248,228) 105,000 8,126 16,217 (88,783) 105,000 9,110 26,905 (78,095) 352,000 7,906 88,997 (263,003) 270,000 0 0 (270,000) 11,000 2,619 2,371 (8,629) 38.600 18,25;2 18.169 (20.431} 0.00% t3.04% 9.05% 11.56% 5.56% 15.44% 25.62% 25.28% 0.00% 21.55% 47.07% TOTAL REVENUE 4.208.240 62.205 237,417 (3.970.823} 5.64% FIRE FUND DOCK FUND MOUND HRA WATER FUND SEWER FUND LIQUOR FUND RECYCLING FUND STORM WATER UTILITY 780,710 5,993 171,357 (609,353) 21.95% 132,740 25,749 118,435 (14,305) 89.22% 136,124 1,395 1,395 (134,729) 1.02% 770,000 38,534 124,875 (645,125) 16.22% t ,322,200 101,011 300,669 (1,021,531) 22.74% 2,200,000 ' 147,558 407,489 (1,792,511 ) 18.52% 143,800 9,080 26,730 (117,070) 18.59% 136~320 12,786 37,850 (98,470) 27.77% 04/12/2005 rev2004 Gino -1218- CHARTERED TO: FROM: DATE: RE: 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com MEMORANDUM John Dean Sarah Sonsalla April 22, 2005 Halstead Pointe Manufactured Home Park Closing Process 1. Receipt of Manufactured Home Park Closing Statement for Halstead Pointe (received on or about March 22, 2005). The City is in receipt of a Park Closing Statement from Halstead Pointe, LLC, the owner of the Halstead Pointe Manufactured Home Park. This Park is also located within the City of Minnetrista, which has also received the Park Closing Statement. It is assumed that Halstead Pointe, LLC has provided copies of the Statement to residents of all of the manufactured homes in the Park, which is required by Minnesota law. 2. 45 Day Offer to Purchase Period in Place (March 22, 2005 - May 6, 2005). Halstead Pointe, LLC has given the residents of the Park that it has purchased the Park and intends to convert it to another use. Since it is intending to convert the Park to another use within a year of its purchase, Halstead Pointe, LLC must offer the park for purchase to the residents of the Park, which it has done in the Park Closing Statement. The residents now have forty-five days (until about May 6, 2005) to sign a purchase agreement with Halstead Pointe, LLC to purchase the Park at a cash price equal to the original purchase price paid by Halstead Pointe, LLC, which must include any additional amounts for increase in value or improvements made on the property since the purchase. 3. Park Closing Public Hearing. The state law governing park closings requires that a public hearing be held by the City. The purpose of the Park closing hearing is to review the Park Closing Statements, any impact that the closing may have on the displaced residents and Halstead Point, LLC and to determine if the park owner will be required to pay reasonable relocation costs to displaced persons. Since the Park is within the City and the City of Minnetrista, it is recommended that a concurrent public hearing on the Park closing be conducted with both City Councils present. By holding a concurrent public hearing, it would allow the Cities to ensure that all residents in the Park and Halstead Pointe, LLC are being treated the same with respect to determination of relocation costs. 4. Schedule a Public Hearing for the Park Closing (recommended to be scheduled after May 6, 2005, but before the land use change decision on the property). There is no requirement as to when the public hearing on the Park closing must be held. It is recommended that the Cities wait to hold the public hearing until at least after the forty-five day offer to purchase period has run (about May 6, 2005), since the hearing would be no longer necessary if the residents purchase the Park. It is also recommended that the Cities wait to hold the public hearing until an application for the property development is received by both Cities so that the land use change decision can be coordinated with the relocation costs decision. The Cities can condition the land use change upon the relocation costs being paid. SJS-261621vl 1 MU200 - 119 -1219- 5. Mail Notice of Public Hearing to Residents (ten days prior to hearing). At least ten days prior to the public hearing, the Cities must mail a notice stating the time, place and purpose of the public hearing to the residents of all of the manufactured homes in the Park. Prior to holding the public hearing on the closing, Halstead Pointe, LLC must provide the Cities with a list of names and addresses of at least one resident of each manufactured home in the Park. 6. Hold Public Hearing on Park Closing, Take Testimony, Table for a Decision. When the Cities hold the concurrent public hearing, it is recommended that they take public testimony, but hold off on making a decision on the relocation costs to be paid to the residents. The Cities may want to consider making their decision concerning relocation costs either at the same time the land use change decision on the property is made or just prior to making this decision. 7. Decide Relocation Costs to be Paid to Residents. At some point after the public hearing has been closed and continued, but before the land use change decision is made, the Cities should determine the amount of relocation costs that are to be paid to the residents. Halstead Pointe, LLC has indicated in its Park Closing Statement that the relocation costs that it would be willing to pay are $6,500.00 for each resident. These costs include the removal of the home from its current site and set up at the new site, new skirting and moving of personal property inside of the home. The Statute provides that the Cities may require payment for reasonable relocation costs. The Cities may decide that this payment is all that is required, or they may require additional compensation by Halstead Pointe, LLC to be made to the Park residents for their reasonable relocation costs (such as costs for moving and reassembling any attached appurtenances (decks, awnings, etc.) or insurance for the replacement value of the property being moved, etc.). 8. Decide the Land Use Change Decision. After the relocation benefits to residents have been determined, the Cities should consider the land use changes to the property. That process is separate from the one outlined in this Memorandum, and generally requires the separate action of each of the Cities. If the Cities approve the land use changes, they should condition the changes upon Halstead Pointe, LLC paying the relocation benefits decided upon by the Cities to the residents, if the Cities make such a determination. 9. Closure of the Park. Halstead Point may not close the Park for at least nine months from providing the Statement of Park Closing to the residents and the public hearing on the closing being concluded. Therefore, the earliest date for closing of the Park would be December 22, 2005, which is nine months from the date of the Statement. The Park residents also may not be required to vacate the Park until sixty days from the date when the Cities make their determination on the payment of relocation benefits to the residents. SJS-261621vl 2 MU200-119 - 1220- THIS PAGE IS INTENTIONALLY LEFT BLANK - 1221 -