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2005-08-09PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. 2. 3. 4. Call meeting to order Pledge of Allegiance Approve agenda, with any amendments *Consent Agenda *A. Approve minutes: July 26, 2005 meeting Approve payment of claims *B. *D. *E. *F. *G. *H. *J. Approve Temporary 3.2 Malt Liquor Permit for the Incredible Festival - Sept 9-11, 2005 Approve Public Dance/Live Music Permit for Incredible Festival for Sept 10-11, 2005 Approve payment request #4 from Magney Construction in the amount of $104,665.30 for Well #8 Project Award bid and add-alternate to Pearson Brothers of Loretto for Seal Coat Program Adopt resolution for minor subdivision/variance for 4539 Island View Drive Adopt resolution for variances at 3106 Priest Lane Approve Ordinance Amending City Code Chapter 300 as it Relates to the Building Code (timeline for building construction) Approve adoption of Foundation Survey Requirement Policy Adopt resolution for 60-day extension for dock parcel subdivision at 3166-3170 Westedge Boulevard (Schultz) Pa~e 2261-2265 2266-2293 2294 2295 2296-2301 2302-2303 2304-2308 2309-2311 2312 2313 2314-2317 ....... ,Ii .... i, J PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. *L. Adopt resolution for 60-day extension for dock parcel subdivision at 3061 Westedge Boulevard (Sarenpa) 2318-2320 *M. Adopt temporary sign permit application(s) for Our Lady of the Lake 2005 Incredible Festival 2321-2323 *N. Authorize Execution of Stipulation of Settlement Agreement for acquisition of easement for road and utility purposes on Dove Lane 2324-2330 *O. Set special meetings for Truth in Taxation Hearings: Dec 5, 7:00 p.m. & Dec 12, 7:00 p.m. for continuation, if needed o Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker.) Presentation of TBRA (Tax Base Revitalization Account) Grant for Soils Remediation - Lost Lake and Maxwell Sites, by Metropolitan Council Representative Mary Hill Smith, and approval of grant agreement (Actual agreement not available at time of agenda printing. Will be sent electronically to Council when received and will be available at meeting) 7. Action on resolution approving the Final Plat for Villas on Lost Lake 2331-2348 Action on Subdivision Agreement with Mound Harbor Renaissance Development, LLC, for Villas on Lost Lake 2349-2379 Miscellaneous/Correspondence A. Questions and comments from Councilmembers B. Minutes: LMCD June 22, 2005 and July 13, 2005 2380-2396 10. 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. citvofinound com. More current meeting COUNCIL BRIEFING August 9, 2005 Events Schedule: Don't Forget!! Aug 9 - 7:30 - CC regular meeting Aug 23 - 6:30 - HRA regular meeting Aug 23 - 7:30 - CC regular meeting Aug 30 - 6:30 - 2006 Budget meeting Sept 16 - 6:30-12:00 - Taste of the Lakes - Bayview Event Center Oct 8 - 8:00-3:00 - Fall Recycling Day (note date correction) Oct 17 - Lost Lake District Groundbreaking Nov 1 - 2:00-4:00 - Vaccination Clinic - City Hall Nov 17 - 6:00 - Tree Lighting Ceremony - Lost Lake Greenway Dec 5 - 7:00 - Truth in Taxation Hearing Dec 12 - 7:00 - Truth in Taxation Hearing continuation, if needed Upcoming Absences Sept 23 - 28 Kandis Hanson Conference City Hall and Public Safety Admin Offices Closed Sept 5 Labor Day Have a great weekend ............K~ MOUND CITY COUNCIL MINUTES JULY 26, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 26, 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, Community Development Director Sarah Smith, City Planner Rita Trapp, Don Jones, Jen Lievers, Tim Johnson, Steve Lievers, Shirley Hawks, Todd Hovren, Mark Hanus, Rod Plaza, Ginny Plaza, Hugh Bishop, Steve Bedell, and various members of law enforcement, their family and friends. 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 Allegiance 3. Approve a.qenda MOTION by Osmek, seconded by Beise to approve the agenda. All voted in favor. Motion carried. 4. Consent Aqenda MOTION by Beise, seconded by Specht to approve the consent agenda. vote, all voted in favor. Motion carried. Upon roll call A. Approve minutes of July 12, 2005 B. Approve payment of claims in the amount of $351,282.18. C. Planning Commission Recommendations 1. RESOLUTION NO. 05-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING A MINOR SUBDIVISION AND VARIANCES FOR THE PROPERTIES LOCATED AT 4552 AND 4568 DENBIGH ROAD. P&Z CASE #05-28 AND 05-23: PID #19-1'17-23-24-0048 AND 19-117-23-24-0011. 2. Approve appointment of Orv Burma to the Planning Commission for the duration of the vacant term which expires on December 31, 2005. 1 -2261- Mound City Council Minutes - July 26, 2005 D. RESOLUTION NO. 05-109: RESOLUTION ACCEPTING A TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT FROM HENNEPIN COUNTY AND APPROVING COOPERATIVE AGREEMENT E. RESOLUTION NO. 05-110: RESOLUTION ACCEPTING A CONTAMINATION CLEANUP GRANT FROM THE DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT AND APPROVING PROGRAM GRANT AGREEMENT - PROJECT NO. CCGP-05-0012-Z-FY05 F. ORDINANCE NO. 12-2005: AN ORDINANCE AMENDING CITY CODE CHAPTER 375 AS IT RELATES TO GRADING, SOIL EROSION, SEDIMENTATION CONTROL AND STORMWATER MANAGEMENT G. Set special budget meeting for August 30, 2005 at 6:30 p.m. 5. Comments and suggestions from citizens present on any item not on the a_~enda. None were offered. 6. Swearing in of Canine Officer Kandis Hanson administered the Oath of Office to the Police Department's Canine Reagan. Chief Kurtz presented the Canine Medal to Officer Brad Schoenherr. 7. Police Commendations Chief Kurtz reviewed the incident of June 2, 2005, when three home invasion burglaries occurred where people were awakened from their sleep and physically assaulted. A six-hour manhunt ensured in and around the neighborhoods of Langdon Lake. The suspect was successfully taken into custody without further incident and charged with three counts of First Degree Burglary. Chief Kurtz presented plaques of appreciation to Hennepin County Dispatch Lt. Brian Tollin and Lisa Schreier, Hennepin County Patrol Division represented by Deputy Bob Fischer, Minnetrista Officer Eric Pike and Reserve Officer Joel Thompson, West Hennepin Public Safety Officer Tim Maass, and New Hope K-9 Officer Andrew Lamers. Chief Kurtz then presented Mound Police Department Medals of Merit to Officer Will Murray, Reserve Officer Eric Graham, Lt. John McKinley, Detective Dan Niccum, and Administrative Assistant Jeanne DeBord. 8. Action authorizing staff to proceed with assessment of goals from Goal Setting Retreat Kandis Hanson stated that this is the time to consider these goals, because some of them need funds included in the budget for 2006. She also reviewed the process that occurred to reach the top five goals, which are: (1) Re-codification of the City Code; (2) Update/replacement of Public Works and Parks Buildings; (3) Addition of Rental Property Code; (4) Define next-up redevelopment; (5) Update Comprehensive Plan. 2 -2262- Mound City Council Minutes - July 26, 2005 MOTION by Osmek, seconded by Brown to approve the memo by City Manager Kandis Hanson dated July 21, 2005 regarding the top five goals defined at the retreat. All voted in favor. Motion carried. 9. Plannincl Commission Recommendations Case #05-41 Variance for fence - Steven Lievers, 5115 Bartlett Blvd - PC Recommendation: Denial Sarah Smith reviewed the application to allow construction of a six foot wood fence along the property line abutting Bartlett Blvd. The City Code states a fence in this location cannot exceed four feet in height. Steve Lievers stated there is a 15 foot difference in elevation from the street to his front door, and therefore a 4 foot fence would not be high enough to accomplish security and privacy. Osmek suggested the planting of arborvitae, which would provide even more privacy than a six foot fence. He also suggested some berming and putting the four foot fence on top of that. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-111: A RESOLUTION DENYING A VARIANCE FOR A SIX (6) FOOT FRONT YARD FENCE AT 5115 BARTLETT BOULEVARD, MOUND, MINNESOTA. P&Z CASE #05-41. PID #24-117-24-12-0011 B. Case #05-40 - Variance for lakeside deck/porch replacement with new solarium Becky Anderson, 3106 Priest Lane Sarah Smith reviewed the application requesting approval of variances to replace an existing deck/porch on the lake side of her home. The proposed project would also include a solarium to be constructed in a portion of the upper deck. Staff supports the variance, but the Planning Commission recommended denial. Osmek stated that this is not the first time a deck has been converted to a three- season porch in a non-conforming location, nor the first time that a three season porch has encroached inside a 50 foot buffer. The footprint is not changing in this instance, only the use is changing on a portion of the deck. The Planning Commission would not have had a problem with the variance if the solarium was not included. 3 -2263- Co Mound City Council Minutes - July 26, 2005 MOTION by Osmek seconded by Beise to prepare a resolution of approval on this case, including finding of facts on hardship, being unusual lot shape, lake encroachment inside the lot irons, and also that this does not increase the footprint of the structure as it exists today, and that there is no increase in hardcover for this property. All voted in favor. Motion carried. This resolution will be on the next council agenda. Case #05-42 and 05-43 - Minor SubdivisionNariance(s) - Two lots: Randy Schneewind and Brian Teeters, 4539 Island View Drive Rita Trapp reviewed the application for a minor subdivision and two variances. The Planning Commission recommended denial on a 6-2 vote. They felt that there were too many variances required and there was not hardship demonstrated. Staff recommended approval with noted findings of fact. Tim Johnson, 4547 Island View Drive, appeared before the Council with some pictures that illustrated draining issues that he has regarding drainage in the area. Osmek stated that the drainage would be addressed to protect the neighbors when and if there is approval. Sarah Smith stated that the detailed grading and drainage comes when the building permits come in and they are highly scrutinized at that time. The issue now is the splitting of the property. Steve Bedell, 5459 Bartlett Blvd., stated he is speaking from experience, and that these issues are addressed at building permit time. MOTION by Osmek, seconded by Beise to approve the subdivision as platted as well as the 40' frontage variance for both lots, the 10' side yard variance, with findings of fact being unusual trapezoid shape of the lot, that there is reduction of the lakeside 50' buffer encroachment that exists, which is a benefit to the City, there is a driveway that will be removed from public right of way, and original platting shows one property already with insufficient street side frontage. All voted in favor. Motion carried. A resolution will be prepared to reflect the above and will appear on the consent agenda of the next council meeting agenda. Review and Approval of Revision(s) to City of Mound Requirements and Foundation As'Built Survey. Sarah Smith is requesting additions to the requirements and added a foundation survey requirement to the building permit process. Beise expressed concern stating that he thinks that this should already be addressed when the foundation footings are inspected and signed off on, and thus a second survey should not be needed. 4 -2264- Mound City Council Minutes - July 26, 2005 Smith stated that this added procedure is really to protect the homeowner. assure that the setbacks are met and eliminate the issue of after-the-fact variances. Osmek would like to have a tolerance threshold included in the policy, for stance, if you are outside 5' from each of the setbacks, this policy doesn't apply to you. Meisel suggested leaving it is as now and have Sarah talk with the rest of City Staff for their opinion. MOTION by Osmek, seconded by Brown to table this for staff review, to be placed on the next Council agenda. All voted in favor. Motion carried. 10. Miscellaneous/Correspondence A. Questions and comments from Councilmembers: Brown stated he received an email from Tom Rockvam stating that Patty Andrews, one of the Andrews Sisters, lived where the present Gillespie Center is. Placement of a historical plaque was suggested. Kandis stated that it was suggested that a Heritage Festival be added to Mound's festivals, where notable people are recognized, along with the heritage of Mound. Meisel received a call from a resident asking that the 10% late fee on the utility bills be reconsidered. No action to change the current policy was taken. B. Report: 2005 Spring Clean-up Mound Police Department C. Minutes: Fire Commission meeting, June 20, 2005 D. Newsletter: LMCD 1'1. Adjourn MOTION by Osmek, seconded by Specht to adjourn at 9:45 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 5 -2265- AUGUST 9, 2005 CITY COUNCIL MEETING 071905SU E $3,889.11 JUL 072505S U E$12,134.74 JUL 072805SU E $62,162.26 JUL 080305S U E$16,466.46 AUG 080905SUE $305,797.46AUG TOTAL $400,450.03 -2266- CITY OF MOUND Batch Name 071905SUE Payments City of Mound Payments 07/21/05 10:10 AM Page 1 Current Period: July 2005 User Dollar Amt $3,889.11 Computer Dollar Amt $3,889.11 Refer 71905 CUSTOMIZED EMBROIDERY, INC $0.00 In Balance Cash Payment E 101-42400-218 Clothing and Uniforms CLOTHING WITH LOGO $51.00 Invoice 1040 7/19/2005 Cash Payment E 101-43100-218 Clothing and Uniforms CLOTHING WITH LOGO $51.00 invoice 1040 7/19/2005 Cash Payment E 601-49400-218 Clothing and Uniforms CLOTHING WITH LOGO $51.00 Invoice 1040 7/19/2005 Cash Payment E 602-49450-218 Clothing and Uniforms CLOTHING WITH LOGO $51.00 Invoice 1040 7/19/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $204.00 Cash Payment E 101-41110-430 Miscellaneous 07-21-05 EMPLOYEE APPRECIATION EVENT $1,358.00 Invoice 071905 7/19/2005 Transaction Date 7/20/2005 Wells Fargo 10100 Total $1,358.00 Refer 71905 JOHNSON, TIM Cash Payment E 101-43100-212 Motor Fuels REIMBURSE GAS $110.09 Invoice 071905 7/19/2005 Transaction Date 7/20/2005 Wells Fargo 10100 Total $110.09 Refer 71905 JUMP FOR JOY RENTALS, LLC Cash Payment E 101-41110-430 Miscellaneous 07-21-05 EMPLOYEE APPRECIATION EVENT $165.07 Invoice 071905 7/19/2005 Transaction Date 7/20/2005 Wells Fargo~ 10100 Total $165.07 Refer 71905 ROBERTS, COLLETTE Cash Payment G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $1,466.95 Invoice 071905 7/19/2005 Cash Payment G 101-21716 Flex Plan Dependents 2005 DEPENDENT REIMBURSEMENT $285.00 Invoice 071905 7/19/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Cash Payment G 101-22801 Deposits/Escrow WT#T20413916 LAPLANT $300.00 Invoice 071905 7/19/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $300.00 -2267- CITY OF MOUND Fund Summary 101 GENERAL FUND 601 WATER FUND 602 SEWER FUND City of Mound Payments 07/21/05 10:10 AM Page 2 Current Period: July 2005 10100 Wells Fargo $3,787.11 $51.00 $51.00 $3,889.11 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $3,889.11 $3,889.11 -2268- CITY OF MOUND Batch Name 072705USE Payments City of Mound Payments 07/27/05 10:21 AM Page 1 Current Period: July 2005 User Dollar Amt $12,134.74 Computer Dollar Amt $12,134.74 Refer 72705 AMERICANA FIREWORKS DISPLA Cash Payment G 101-22802 Festival Invoice 072705 7/27/2005 Transaction Date 7/26/2005 $0.00 In Balance 07-17-05 FESITVAL FIREWORKS $9,000.00 Wells Fargo 10100 Total $9,000.00 Refer 72705 CASH, PETTY CASH Cash Payment E 101-42110-210 Operating Supplies REPLENISH PETTY CASH invoice 072705 7/27/2005 Transaction Date 7/22/2005 Wells Fargo 10100 $263.46 Total $263.46 Refer 72705 GOVERNMENT TRAINING SERVIC Cash Payment E 101-42400-434 Conference & Training 04-02-05 WORKSHOP $1,140.26 invoice 11372 7/26/2005 Transaction Date 7/27/2005 Wells Fargo 10100 Total $1,140.26 Refer 72705 HARDINA, DAMON Cash Payment G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $953.74 Invoice 072605 7/26/2005 Transaction Date 7/22/2005 Wells Fargo 10100 Total $953.74 72705 MOUND POST OFFICE Cash Payment E 101-41110-322 Postage FALL NEWSLETTER POSTAGE $715.00 Invoice 072705 7/27~2005 Transaction Date 7/27/2005 Wells Fargo 10100 Total $715.00 Refer 72705 NEXTEL COMMUNICATIONS (POLl Cash Payment E 101-42110-321 Telephone & Cells 06-30-05 CELL PHONE $62.28 Invoice 072705 7/27/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $62.28 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $12,134.74 $12,134.74 Pre-Wdtten Check Checks to be Generated by the Compute Total $0.00 $12,134.74 $12,134.74 -2269- CITY OF MOUND Batch Name 072805SUE Payments Refer 72805 BOYER TRUCK PARTS Cash Payment Invoice S62640 Transaction Date City of Mound 07/28/05 7:49 AM Page 1 Payments Current Period: July 2005 User Dollar Amt $62,162.26 Computer Dollar Amt $62,162.26 E 101-43100-500 Capital Outlay FA 7/28/2005 7/27/2005 $0.00 In Balance 06 STERLING ACTERRA $57,122.00 Wells Fargo 10100 Total $57,122.00 Refer 72805 FACKLER, JAMES Cash Payment G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $523.80 Invoice 072805 7~28~2005 Transaction Date 7~27/2005 Wells Fargo 10100 Total $523.80 Refer 72805 HANLEY, PATRICK Cash Payment G 601-16100 Fixed Asset-Land RELOCATION EXPENSES $4,330.86 Invoice 072805 7/28/2005 Transaction Date 7/27/2005 Wells Fargo 10100 Total $4,330.86 Refer 72805 MOUND POST OFFICE Cash Payment E 101-41110-322 Postage FALL NEWSLETTER BALANCE DUE $t85.60 Invoice 072805 7/28/2005 Transaction Date 7/27/2005 Wells Fargo 10100 Total $185.60 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $57,831.40 601 WATER FUND $4,330.86 $62,162.26 Pre-Written Check $0.00 Checks to be Generated by the Compute $62,162.26 Total $62,162.26 -2270- CiTY OF MOUND Batch Name Payments City of Mound 08/03/05 2:32 PM Page 1 Payments Current Period: August 2005 User Dollar Amt ~t ~,46~.4~ Computer Dollar Amt $16,466.46 Refer 80305 ALEX AIR APPARA TUS, INCORPO E 222-42260-500 Capital Outlay FA 8/3/2005 E 222-42260-500 Capital Outlay FA 8/3/2005 8/1/2005 Cash Payment invoice 7176 Cash Payment Invoice 7168 Transaction Date $0.00 In Balance CYLINDERS FOR SCUBA $692.25 FILL STATION $9,411.41 Wells Fargo 10100 Total $10,103.66 Refer 80305 EMERGENCY MANAGERS ASSOC. Cash Payment E 101-42115-434 Conference & Training 09-18-05 CONFERENCE MCKINLEY $120.00 Invoice 080305 8/3/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $120.00 Refer 80305 GRAND, DEB Cash Payment G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBUSEMENT $803.10 Invoice 080305 8/3/2005 Transaction Date 8/2/2005 Wells Fargo 10100 Total $803.10 Refer 80305 METRO FIRE Cash Payment E 222-42260-500 Capital Outlay FA PAYMENT IN ERROR CHECK #17568 -$9,411~41 Invoice 18978 8/3/2005 Cash Payment E 222-42260-500 Capital Outlay FA PAYMENT IN ERROR CHECK #17568 -$692.25 Invoice 18978 8/3/2005 Cash Payment E 222-42260-500 Capital Outlay FA EVOLUTION 5000 TIC W/CHARGER $10,993.00 invoice 18978 8/3/2005 Cash Payment E 222-42260-219 Safety supplies MSA INSERT ASSEMBLY VALVE $49.26 Invoice 20696 8/3/2005 Cash Payment E 222-42260-219 Safety supplies FACE PIECE W/HEAD HARNESS $1,278.78 Invoice 20729 8/3/2005 Transaction Date 8/1/2005 Wells Fargo 10100 Total $2,217.38 Refer 80305 PEDERSON, GREG Cash Payment E 222-42260-434 Conference & Training 08-10-05 IAFC CONFERENCE $250.00 Invoice 080305 8/3/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $250.00 Refer 80305 VERIZON WIRELESS (P/W) Cash Payment E 601-49400-321 Telephone & Cells 06-17-05/07-17-05 SHARE CELL PHONES $419.05 invoice 080305 8/3/2005 Transaction Date 8/2/2005 Wells Fargo 10100 Total $419.05 Refer 80305 WILLIAMS, RICK Cash Payment E 222-42260-434 Conference & Training 08-10-05 IAFC CONFERENCE $250.00 Invoice 080305 8/3/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $250~00 Refer 80305 XCEL ENERGY Cash Payment E 601-49400-381 Electric Utilities #51-6002837-1 LIFT STATIONS $2,303.27 Invoice 080305 8/3/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $2,303.27 -2271 - CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND City of Mound 08/03/05 2:32 PM Page 2 Payments Current Period: August 2005 10100 Wells Fargo $923.10 $12,821.04 $2,722.32 $16,466.46 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $16,466.46 $16,466.46 -2272- CITY OF MOUND Batch Name 080905SUE Payments Refer 80905 A-1 RENTAL OF LAKE MINNETONK Cash Payment Invoice 23564 Transaction Date E 101-41110-430 Miscellaneous 8/9/2005 7/22/2005 City of Mound 06/03/05 4:43 PM Page 1 Payments Current Period: August 2005 User Dollar Amt $305,797.46 Computer Dollar Amt $305,797.46 $0.00 In Balance 07-13-05 CANAPY RENTAL $319.50 Wells Fargo 10100 Total $319.50 Refer 80905 AMCON Cash Payment E 496-46580-500 Capital Outlay FA 08-01-04 THRU 12-31-40 ON SITE $5,000.00 SUPERVISION Invoice 21500-02 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $5,000.00 Refer 80905 AMERICAN WATERWORKS ASSO Cash Payment E 601-49400-434 Conference & Training REGISTRATION #335802 $180.00 Invoice 080905 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $180.00 Refer 80905 AMUNDSON, M. LLP Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $116.48 Invoice 184192 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $116.48 Refer 80905 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE $173.12 Invoice 438520313 8/9/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $156.76 Invoice 438520410 8/9/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $101.56 Invoice 438520616 8/9/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $173.12 Invoice 438520313 8/9/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $87.06 Invoice 396521004 8/9/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $188.47 Invoice 438521110 8/9/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $120.25 invoice 438521314 8/9/2005 Transaction Date 7/29/2005 Wells Fargo 10100 Total $1,000.34 Refer 80905 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 34006200 8/9/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 33997500 8/9/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 34077100 8/9/2005 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE Invoice 40309500 8/9/2005 Transaction Date 7/29/2005 Wells Fargo 10100 Total $7,608.75 Refer 80905 BLACKOWIAK AND SON ROLLOFF $4,361.80 $773.30 $2,265,10 $2O8.55 -2273- CITY OF MOUND Cash Payment Invoice 5321 Transaction Date Refer 80905 BORDER STATES ELECTRIC SUP City of Mound 08/03/o5 4:43 PM Page 2 Payments Current Period: August 2005 E 101-45200-384 Refuse/Garbage Dispos 07-19-05 ROLLOFF 2415 WILSHIRE $50.00 8/9/2005 7/28/2005 Wells Fargo 10100 Total $50,00 Cash Payment E 609-49750-210 Operating Supplies Invoice 94551530 8/9/2005 Transaction Date 8/1/2005 LIGHT BULBS $82.18 Wells Fargo 10100 Total $82.18 Refer 80905 BROWN, JIM CULTURED SOD FAR Cash Payment E 101-43100-440 Other Contractual Servic 35 ROLLS SOD $58.15 Invoice 8679 8/9/2005 Transaction Date 8/1/2005 Wells Fargo 10100 Total $58.15 Refer 80905 BURKE, JAM/ Cash Payment E 101-42110-434 Conference & Training TRAINING BASIC NARCOTICS/DANGEROUS $120.50 DRUGS Invoice 080905 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $120.50 Refer 80905 CARDIAC SCIENCE, INC. Cash Payment E 222-42260-322 Postage AED REPAIRS $17,00 Invoice 550271 8/9/2005 PO 18973 Cash Payment E 222-42260-219 Safety supplies BATTERY ASSEMBLY $242.82 Invoice 651871 8/9/2005 PO 19155 Transaction Date 8/1/2005 Wells Fargo 10100 Total $259.82 Refer 80905 CARQUEST OF NAVARRE Cash Payment E 101-42110-404 Repairs/Maint Machinery TIE ROD END $24.81 Invoice N57758 8/9/2005 Cash Payment E 222-42260-210 Operating Supplies WHEEL GREASE $34.60 Invoice N54896 8/9/2005 Cash Payment E 222-42260-210 Operating Supplies POWER STRG FL QT $27.03 Invoice N56425 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $86.44 Refer 80905 CA T AND FIDDLE BEVERAGE Cash Payment E 609-49750-253 Wine For Resale LIQUOR Invoice 41384 8/9/2005 Transaction Date 7/28/2005 Wells Fargo $411.00 10100 Total $411,00 Refer 80905 CHAMPION AUTO Cash Payment E 101-45200-220 Repair/Maint Supply MISC U-BOLT Invoice D333342 8/9/2005 Transaction Date 8/3/2005 Wells Fargo $4.25 101 O0 Total $4.25 Refer 80905 CLAREY'S SAFETY EQUIPMENT, I Cash Payment Invoice 46260 Cash Payment Invoice 46350 Transaction Date E 222-42260-210 Operating Supplies 8/9/2005 E 222-42260-210 Operating Supplies 8/9/2005 7~28~2005 BAR MOUNTING BRACKET MOUNTING PLATE Wells Fargo 10100 $100.19 $81.57 Total $18i.76 Refer 80905 CLERK/FINANCE MUNICIPAL ASS -2274- City of Mound 08/03/05 4:43 PM Page 3 Payments CITY OF MOUND Cash Payment Invoice 080905 Transaction Date Current Period: August 2005 E 101-41310-433 Dues and Subscriptions 07-01-05 THRU 06-30-06 MEMBERSHIP DUES $40.00 8~9~2005 8/3/2005 Wells Fargo 10100 Total $40.00 Refer 80905 COCA COLA BOTTLING-MIDWEST Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $529.80 Invoice 81095081 8/9/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $529.80 Refer 80905 COVERALL CLEANING CONCEPTS Cash Payment E 101-41910-460 Janitorial Services 08-05 CLEANING SERVICE $1,166.18 Invoice 98649 8/9/2005 Cash Payment E 222-42260-460 Janitorial Services 08-05 CLEANING SERVICE $756.58 Invoice 98649 8/9/2005 Cash Payment E 101-42110-460 Janitorial Services 08-05 CLEANING SERVICE $504.38 Invoice 98649 8/9/2005 Cash Payment E 101-43100-460 Janitorial Services 08-05 CLEANING SERVICE $46.15 Invoice 98649 8/9/2005 Cash Payment E 601-49400-460 Janitorial Services 08-05 CLEANING SERVICE $46.15 Invoice 98649 8/9/2005 Cash Payment E 602-49450-460 Janitorial Services 08-05 CLEANING SERVICE $46.15 Invoice 98649 8/9/2005 Cash Payment E 609-49750-460 Janitorial Services 08-05 CLEANING SERVICE $199.15 98649 8/9/2005 Transaction Date 8/112005 Wells Fargo 10100 Total $2,764.74 Refer 80905 CRETE WORKS, INCORPORA TED Cash Payment E 601-49400-440 Other Contractual Servic TONKAWOOD/BASSWOOD CURB AND $475.00 GUTTER Invoice 080905 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $475.00 Refer 80905. CRYSTEEL DISTRIBUTING, INC. Cash Payment E 101-43100-404 Repairs/Maint Machinery #2974 MIROR BRACKETS $2,346.29 invoice F20523-B 8/9/2005 Cash Payment E 101-43100-404 Repairs/Maint Machinery #2136 REPAIR LEAK $243.22 Invoice F20524A 8/9/2005 Cash Payment E 101-43100-404 Repairs/Maint Machinery VIB $606.66 Invoice FP116782 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $3,196.17 Cash Payment E 496-46580-500 Capital Outlay FA ROOF LEAKS $275.00 Invoice 021812 8/9/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $275.00 Refer 80905 DAY DISTRIBUTING coMpANy Cash Payment E 609-49750-252 Beer For Resale BEER $4,251.15 Invoice 324733 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $4,251.15 R;ie; %905 'EASf Cash Payment E 609-49750-252 Beer For Resale BEER $13.75 Invoice 228554 8/9~2005 -2275- CiTY OF MOUND City of Mound 08/03/05 4:43 PM Page 4 Payments Current Period: August 2005 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 228553 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 49608 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 228644 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER invoice 228645 8/9/2005 Transaction Date 7/29/2005 Wells Fargo $3,306.25 $361.00 $4,357.05 $33.00 10100 Total $8,071.05 EMPIREHOUSE, INcoRPORA TED Refer 80905 Cash Payment E 496-46580-500 Capital Outlay FA FINAL GLASS AND GLAZING Invoice 070800 8/9/2005 Transaction Date 7~29/2005 Wells Fargo 10100 Refer 80905 ESS BROTHERS AND SONS, INCO Cash Payment E 602-49450-220 Repair/Maint Supply CURB BOX Invoice HH3460 8/9~2005 PO 19205 Cash Payment E 602-49450-220 Repair/Maint Supply HDPE ADJ RING Invoice HH3518 8/9~2005 Transaction Date 8/3/2005 Wells Fargo 10100 Refer 80905 EVERGREEN LAND SERVICES Cash Payment G 601-16100 Fixed Asset-Land RELOCATION CONSULTANT Invoice 00-7188 8/9/2005 Transaction Date 8/1/2005 Wells Fargo 10100 $1,310.00 Total $1,310.00 $330.15 $127.80 Total $457.95 $70.00 Total $70.00 Refer 80905 FIRE CONTROL EXTINGUISHER Cash Payment Invoice 83710 Cash Payment Invoice 93707 Transaction Date E 101-42110-219 Safety supplies 8/9/2005 PO 19094 E 222-42260-219 Safety supplies 8/9/2005 7/25/2005 2005 ANNUAL FIRE EXTINGUISHER SERVICE 2005 ANNUAL FIRE EXTINGUISHER SERVICE Wells Fargo 10100 Total $488.85 $495.87 $984.72 Refer 80905 FRESHWATER HARVESTING Cash Payment E 101-45200-400 Repairs & Maint Contract LOST LAKE CHANNEL PERMIT Invoice 080905 8/9~2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $36.00 $36.00 Refer 80905 G & K SERVICES Cash Payment Invoice 6516034 Cash Payment Invoice 6516034 Cash Payment Invoice 6516034 Cash Payment Invoice 6516034 Cash Payment Invoice 6516034 Cash Payment Invoice 6516034 E 101-43100-218 Clothing and Uniforms 8/9/2005 E 601-49400-218 Clothing and Uniforms 8/9/2005 E 602-49450-218 Clothing and Uniforms 8~9~2005 E 101-45200-218 Clothing and Uniforms 8/9/2005 E 101-43100-230 Shop Materials 8/9/2005 E 601-49400-230 Shop Materials 8/9/2005 07-19-05 UNIFORMS 07-19-05 UNIFORMS 07-19-05 UNIFORMS 07-19-05 UNIFORMS 07-19-05 MATS 07-19-05 MATS $61.49 $20.77 $29.61 $9.70 $32.26 $32.26 -2276- City of Mound 08/03/05 4:43 PM Pa ymen ts Page5 CITY OF MOUND Current Period: August 2005 Cash Payment E 602-49450-230 Shop Materials 07-19-05 MATS $32.26 Invoice 6516034 8/9/2005 Cash Payment E 101-45200-223 Building Repair Supplies 08-02-05 MATS $51.73 Invoice 6528682 8/9/2005 Cash Payment E 101-41910-460 Janitorial Services 08-02-05 MATS $104.58 invoice 6528683 8/9/2005 Cash Payment E 101-42110-460 Janitorial Services 07-19-05 MATS $37.09 Invoice 6516036 8/9/2005 Cash Payment E 222-42260-216 Cleaning Supplies 07-19-05 MATS $127.01 Invoice 6516035 8/9/2005 Cash Payment E 101-43100-218 Clothing and Uniforms 05-24-05 UNIFORMS $53.21 Invoice 6465535 8/9/2005 Cash Payment E 601-49400-218 Clothing and Uniforms 05-24-05 UNIFORMS $19.76 Invoice 6465535 8/9/2005 Cash Payment E 602-49450-218 Clothing and Uniforms 05-24-05 UNIFORMS $28.13 Invoice 6465535 8/9/2005 Cash Payment E 101-45200-218 Clothing and Uniforms 05-24-05 UNIFORMS $9.20 Invoice 6465535 8/9/2005 Cash Payment E 101-43100-230 Shop Materials 05-24-05 MATS $57.83 Invoice 6465535 8/9/2005 Cash Payment E 601-49400-230 Shop Materials 05-24-05 MATS $57.83 Invoice 6465535 8/9/2005 Payment E 602-49450-230 Shop Materials 05-24-05 MATS $57.83 Invoice 6465535 8/9/2005 Cash Payment E 101-43100-218 Clothing and Uniforms 08-02-05 UNIFORMS $50.71 Invoice 6528681 8/9/2005 Cash Payment E 601-49400-218 Clothing and Uniforms 08-02-05 UNIFORMS $19.01 Invoice 6528681 8/9/2005 Cash Payment E 602-49450-218 Clothing and Uniforms 08-02-05 UNIFORMS $26.17 Invoice 6528681 8/9/2005 Cash Payment E 101-45200-218 Clothing and Uniforms 08-02-05 UNIFORMS $8,73 Invoice 6528681 8/9/2005 Cash Payment E 101-43100-230 Shop Materials 08-02-05 MATS $25.86 Invoice 6528681 8/9/2005 Cash Payment E 601-49400-230 Shop Materials 08-02-05 MATS $25.86 Invoice 6528681 8/9/2005 Cash Payment E 602-49450-230 Shop Materials 08-02-05 MATS $25.86 Invoice 6528681 8/9/2005 Cash Payment E 101-43100-218 Clothing and Uniforms 07-26-05 UNIFORMS $55,39 Invoice 6522354 8/9/2005 Cash Payment E 601-49400-218 Clothing and Uniforms 07-26-05 UNIFORMS $20.77 Invoice 6522354 8/9/2005 Cash Payment E 602-49450-218 Clothing and Uniforms 07-26-05 UNIFORMS $29.61 Invoice 6522354 8/9/2005 Cash Payment E 101-45200-218 Clothing and Uniforms 07-26-05 UNIFORMS $10.33 Invoice 6522354 8/9/2005 Cash Payment E 101-43100-218 Clothing and Uniforms 07-26-05 MATS $27.62 llnvoice 6522354 8/9/2005 Cash Payment E 601-49400-218 Clothing and Uniforms 07-26-05 MATS $27,62 Invoice 6522354 8/9/2005 -2277- CITY OF MOUND Cash Payment Invoice 6522354 Cash Payment Invoice 6528679 Transaction Date City of Mound o8/o3/05 4:43 PM Page 6 Payments Current Period: August 2005 E 602-49450-218 Clothing and Uniforms 07-26-05 MATS $27.62 8/9/2005 E 609-49750-460 Janitorial Services 08-02-05 MATS $42.69 8/9/2005 8/3/2005 Wells Fargo 10100 Total $1,246.40 Refer 80905 GLENWOOD INGLEWOOD Cash Payment E 101-42110-460 Janitorial Services Invoice 1007030 8/9/2005 Transaction Date 7/25/2005 Refer 80905 GME CONSULTANTS Cash Payment E 601-49400-300 Professional Srvs Invoice 228544 8/9/2005 Transaction Date 8/3/2005 06-05 WATER SERVICE $60.55 Wells Fargo 10100 Total $60.55 06-06 WELL #8 PUMPHOUSE $806.50 Wells Fargo 10100 Total $806.50 Refer 80905 GRIGGS COOPER AND COMPANY Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,087.94 Invoice 264254 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1,283.91 Invoice 264255 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $806.23 Invoice 267314 8~9/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,888.09 Invoice 267313 8~9~2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$7.14 Invoice 672120 8/9/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $5,059.03 Refer 80905 GUSTAFSON, BRUCE Cash Payment E 222-42260-210 Operating Supplies REIMBURSE FILM $18.51 Invoice 080905 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $18.51 Refer 80905 HAWKINS, INCORPORATED Cash Payment E 601-49400-227 Chemicals HYDROFLUOSILIClC ACID Invoice 730664 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 $1,272.13 Total $1,272.13 Refer 80905 HENNEPIN COUNTY INFORMA TIO Cash Payment E 101-42110-418 Other Rentals invoice 25068031 8/9/2005 Cash Payment E 222-42260-418 Other Rentals Invoice 25068030 8/9/2005 Transaction Date 7/25~2005 06-05 RADIO LEASE $1,453.94 06-05 RADIO LEASE $1,017.99 Wells Fargo 10100 Total $2,471.93 Refer 80905 HENNEPIN COUNTY SHERIFF'S A Cash Payment E 101-41600-450 Board of Prisoners Invoice 678 8/9/2005 Transaction Date 7/28~2005 Refer 80905 HENNEPIN COUNTY TREASUR (R Cash Payment Invoice 001064 06-05 BOOKING FEE $1,297.69 Wells Fargo 10100 Total $1,297,69 E 101-41110-103 Part-Time Employees 8/9/2005 06-05 ROOM AND BOARD $1,804.00 -2278- CITY OF MOUND Transaction Date 7/25/2005 City of Mound 08/03/05 4:43 PM Page 7 Payments Current Period: August 2005 Wells Fargo 10100 Total $1,804.00 Refer 80905 HENNEPIN COUNTY TREASURER Cash Payment G 101-22801 Deposits/Escrow LOAN #7358456 #12-117-24-43-0041,1563 $11,419.00 BLUEBIRD LANE Invoice 080905 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $11,419.00 Refer 80905 HOME DEPOT/GECF (PA/C) Cash Payment E 101-43100-224 Street Maint Materials 305 CRACK FI $29.73 Invoice 018241~7085573 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $29.73 Refer 80905 IKON OFFICE MACHINES Cash Payment E 101-42110-202 Duplicating and copying 05-05 MAINTENANCE $151.46 invoice 658059 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $151.46 Refer 80905 INFRATECH Cash Payment E 601-49400-220 Repair/Maint Supply BLUE MARKING PAINT $67.31 Invoice 0502127 8/9/2005 PO 19203 Cash Payment E 602-49450-220 Repair/Maint Supply BLUE MARKING PAINT $67.31 Invoice 0502127 8/9/2005 PO 19203 Transaction Date 7/25/2005 Wells Fargo 10100 Total $134.62 Refer 80905 ISLAND PARK SKELL Y Cash Payment E 101-42110-404 Repairs/Maint Machinery 01 CHEV IMPALA TIRE REPAIRS $16.00 Invoice 18791 8/9/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #842 CHARGE AC SYSTEM $214.23 Invoice 18795 8/9/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #848 REPAIR TIRE $45.45 Invoice 18835 8/9/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #845 BATTERY $118.56 Invoice 18941 8/9/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #844 BLEED COOLING SYSTEM $62.51 Invoice 18945 8/9/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #840 COMPUTER SCAN $135.72 Invoice 19002. 8/9/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery ~6442 BATTERY $135.63 Invoice 19008 8/9/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #844 ALIGNMENT $168.81 Invoice 19010 8/9/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #845 OIL CHANGE $27.45 Invoice 19013 8/9/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #842 OIL CHANGE $33.70 Invoice 19017 8/9/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #6440 TIRE ROTATION AND BALANCE $57.86 Invoice 19064 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $1,015.92 Refer 80905 JESSEN PRESS INCORPORATED Cash Payment E 101-41110-350 Printing FALL2005 NEWSLETTER $1,131.15 Invoice 51590 8/9/2005 -2279- CITY OF MOUND Transaction Date 8/3/2005 City of Mound Payments 08/03/05 4:43 PM Page 8 Current Period: August 2005 Wells Fargo 10100 Total $1,131.15 Refer 80905 JOHNSON BROTHERS LIQUOR Cash Payment E 609-49750-253 Wine For Resale WINE $282.90 Invoice 1931425 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $399.64 Invoice 1931424 8/9/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,021.45 Invoice 1931423 8/9/2005 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$6.92 Invoice 286884 8/9/2005 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$3.94 Invoice 286885 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$31.00 Invoice 286682 8/9/2005 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$7.83 Invoice 286883 8/9/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $414.97 Invoice 1934490 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $433.06 Invoice 1934491 8/9/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,845.04 Invoice 1934492 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $875.00 Invoice 1934493 8/9/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $7,222.37 Refer 80905 JUBILEE FOODS Cash Payment E 101-41110-430 Miscellaneous 07~21-05 EMPLOYEE APPRECIATION EVENT $12.87 Invoice 080905 8/9/2005 Cash Payment E 101-41110-430 Miscellaneous 07-21-05 EMPLOYEE APPRECIATION EVENT $77.81 Invoice 080905 8/9/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $90.68 Refer 80905 KENNEDY AND GRAVEN Cash Payment G 601-16300 Improvements Other Than BI 06-05 2373 CHATEAU WATER TOWER $38.27 Invoice 66849 8/9/2005 Project PW0506 Cash Payment G 101-22855 MetroPlains Develop 00-64 06-05 METRO PLAINS DEVELOPMENT $342.00 Invoice 66933 8/9/2005 Cash Payment G 601-16300 Improvements Other Than BI 05-05 2373 CHATEAU WATERTOWER $127.50 Invoice 66972 8/9/2005 Cash Payment E 401-46377-300 Professional Srvs 06-05 CTY RD 15 REALIGNMENT $162,00 Invoice 66825 8/9/2005 Cash Payment E 101-41600-300 Professional Srvs 06-05 DREAMWOOD LAWSUIT $120.00 Invoice 66825 8/9/2005 Cash Payment E 401-43103-300 Professional Srvs 06-05 2005 STREET RECONSTRUCTION $1,341.41 Invoice 66825 8/9/2005 Cash Payment E 101-41600-300 Professional Srvs 06-05 EXECUTIVE $1,050.00 Invoice 66825 8/9/2005 Cash Payment G 101-22908 Mound Harbor Renaissance 06-05 MOUND HARBOR RENAISSANCE $30,00 Invoice 66825 8/9/2005 -2280- CITY OF MOUND Cash Payment invoice 66825 Cash Payment invoice 66825 Cash Payment Invoice 66825 Cash Payment Invoice 66825 Cash Payment Invoice 66825 Cash Payment Invoice 66825 Cash Payment Invoice 66824 Transaction Date E 101-41600-300 Professional Srvs 8/9/2005 E 101-43100-300 Professional Srvs 8/9/2005 E 101-41600-314 Legal PAN 8/9/2005 City of Mound 08/03/05 4:43 PM Page 9 Payments 06-05 ADMINISTRATIVE $84.00 06-05 FORWARDED TO PEDERSON $90.00 06-05 MISC PUBLIC WORKS $582.57 G 101-23027 3061 Westedge,Serempa Su 06-05 3061 WESTEDGE BLVD #05-02 8/9/2005 G 101-23056 6375 Bartlett Blvd #05-37 Va 06-05 6375 BARTLETT BLVD #05-27 8/9/2005 E 101-41600-316 Legal P & I 8/9/2005 E 101-41600-314 Legal P/VV 8/9/2005 7/21/2005 06-05 MISC PLANNiNG/ZONING 06-05 2385 BAYRIDGE ROAD EASEMENT Wells Fargo 10100 Total $120.00 $276.00 $319.20 $2,836.14 $7,519.09 Refer 80905 LAKE MINNETONKA COMM. COM Cash Payment E 101-49840-300 Professional Srvs 2ND QTR PUBLIC ACCESS FEE $7,559.06 Invoice 080905 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $7,559.06 Refer 80905 LAKER NEWSPAPER Cash Payment E 455-46380-300 Professional Srvs 07-23-05 TIF 12-04-04 $155.22 72305 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $155.22 Refer 80905 LANO EQUIPMENT, INCORPORAT Cash Payment E 101-45200-409 Other Equipment Repair TOOTH BAR $427.70 Invoice 132571 8/9/2005 Transaction Date 7/29/2005 Wells Fargo 10100 Total $427.70 Refer 80905 LARSON, HARRY/MARY Cash Payment R 101-42000-32241 Dog/Cat Licenses REIMBURSE DOULBE PAYMENT FOR DOG $17.50 LICENSE Invoice 080905 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $17.50 Refer 80905 LAWSON PRODUCTS, INC Cash Payment E 101-43100-230 Shop Materials NYLON CABLE TIES $146.75 Invoice 3444497 8/9/2005 Cash Payment E 101-43100-221 Equipment Parts NUTS AND BOLTS $85.65 Invoice 3462754 8/9/2005 PO 19206 Cash Payment E 601-49400-221 Equipment Parts NUTS AND BOLTS $85.65 Invoice 3462754 8/9/2005 PO 19206 Cash Payment E 602-49450-221 Equipment Parts NUTS AND BOLTS $85.65 Invoice 3462754 8/9/2005 PO 19206 Transaction Date 7/25/2005 Wells Fargo 10100 Total $403.70 Refer 80905 LEAGUE MN CITIES INSURANCE T Cash Payment E 101-41110-151 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $24.24 Invoice 6585 8~9~2005 Payment E 101-41310-t51 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $280.51 Invoice 6585 8~9~2005 -2281 - CITY OF MOUND Cash Payment Invoice 6585 Cash Payment Invoice 6585 Cash Payment invoice 6585 Cash Payment Invoice 6585 Cash Payment Invoice 6585 Cash Payment Invoice 6585 Cash Payment Invoice 6585 Cash Payment Invoice 6585 Cash Payment Invoice 6585 Cash Payment Invoice 6585 Transaction Date City of Mound Payments 08/03~05 4:43 PM Page 10 Current Period: August 2005 E 101-41500-151 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $235.49 8/9/2005 E 101-42110-151 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $7,161.63 8/9/2005 E 101-42400-151 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $460.59 8/9~2005 E 101-43100-151 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $2,881.27 8/9/2005 E 101-45200-151 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $1,059.70 8/9/2005 E 222-42260-151 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $2,434.54 8/9/2005 E 609-49750-151 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $1,070.09 8/9/2005 E 601-49400-151 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $1,222.46 8/9/2005 E 602-49450-151 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $2,881.27 8/9/2005 E 281-45210-151 Worker's Comp Insuranc 3RD QTR INSTALLMENT PAYMENT $332.46 8/9/2005 7/25/2005 Wells Fargo 10100 Total $20,044.25 Refer 80905 MAGNEY CONSTRUCTION, INCOR Cash Payment G 601-16300 Improvements Other Than BI THRU 07-31-05 ~4 WELL #8 PUMPHOUSE $104,665.30 Invoice 080905 8/9/2005 Transaction Date 7~29/2005 Wells Fargo 10100 Total $104,665.30 Refer 80905 MAINSTREAM SOLUTIONS Cash Payment E 222-42260-430 Miscellaneous $179.70 Invoice 2275957603 8/9/2005 Cash Payment E 101-42110-430 Miscellaneous $179.70 Invoice 2275957603 8/9/2005 Transaction Date 8/3/2005 $359.40 01-01-04 THRU 07-12-05 MAINTENANCE 01-01-04 THRU 07-12-05 MAINTENANCE Wells Fargo 10100 Total Refer 80905 MARK VII DISTRIBUTOR Cash Payment E 609-49750-252 Beer For Resale BEER $3,598.80 Invoice 823398 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $29.55 Invoice 823399 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $44.00 Invoice 826056 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $21.95 Invoice 826055 8/912005 Cash Payment E 609-49750-252 Beer For Resale BEER $2,747.70 Invoice 826054 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $1,200.00 Invoice 827717 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale CREDIT-BEER -$34.00 Invoice 806329-B 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $7,608.00 Refer 80905 MARLIN'S TRUCKING DELIVERY -2282- CITY OF MOUND City of Mound Payments 08/03/05 4:43 PM Page 11 Current Period: August 2005 Cash Payment E 609-49750-265 Freight 07-05-05 DELIVERY CHARGE $22.00 Invoice 16032 8/9/2005 Cash Payment E 609-49750-265 Freight 07-07-05 DELIVERY CHARGE $35.00 Invoice 16052 8/9/2005 Cash Payment E 609-49750-265 Freight 07-08-05 DELIVERY CHARGE $194.00 Invoice 16059 8/9/2005 Cash Payment E 609-49750-265 Freight 07-11-05 DELIVERY CHARGE $18.00 Invoice 16066 8/9/2005 Cash Payment E 609-49750-265 Freight 07-14-05 DELIVERY CHARGE $152.00 Invoice 16087 8/9/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $421.00 Rear 80905 METRO SALES, INCORPROA TED Cash Payment E 101-42400-400 Repairs & Maint Contract QTRLY MAINTENANCE AGREEMENT $13.00 Invoice 187959 8/9/2005 Cash Payment E 101-43100-400 Repairs & Maint Contract QTRLY MAINTENANCE AGREEMENT $13.00 Invoice 187959 8/9/2005 Cash Payment E 601-49400-400 Repairs & Maint Contract QTRLY MAINTENANCE AGREEMENT $13,00 Invoice 187959 8/9/2005 Cash Payment E 602-49450-400 Repairs & Maint Contract QTRLY MAINTENANCE AGREEMENT $13,00 Invoice 187959 8/9/2005 Cash Payment E 101-42400-500 CapitaIOutlay FA PRINTER $915.90 Invoice 80426A 8/9/2005 PO 19070 Cash Payment E 101-43100-500 CapitaIOutlay FA PRINTER $915.00 Invoice 80426A 8/9/2005 PO 19070 Cash Payment E 601-49400-500 Capital Outlay FA PRINTER $915.00 Invoice 80426A 8/9/2005 PO 19070 Cash Payment E 602-49450-500 Capital Outlay FA PRINTER $915.00 Invoice 60426A 8/9/2005 PO 19070 Transaction Date 8/1/2005 Wells Fargo 10100 Total $3,712.90 Refer 80905 METROPOLITAN COUNCIL ENVIR Cash Payment G 602-21825 SAC Deposits 07-05 SAC CHARGES $1,435.50 Invoice 080905 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $1,435~50 Refer 80905 MID AMERICA BUSINESS SYSTEM Cash Payment E 101-42110-200 Office Supplies LABELS, FILING FOLDERS,ETC $553.18 Invoice 45593 8/9/2005 PO 19049 Transaction Date 7/28/2005 Wells Fargo 10100 Total $553.18 Refer 80905 MINNESOTA COUNTYATTORNEY Cash Payment E 101-42110-203 Pdnted Forms SEARCH WARRANTS/INVENTORY/RETURN $120.35 SECTION Invoice 14501 8/9/2005 PO 19096 Transaction Date 7/25/2005 Wells Fargo 10100 Total $120.35 Refer 80905 MINNESOTA DEPARTMENT REVE Cash Payment E 609-49750-255 Misc Merchandise For R CT215-R CIG STOCK FEE/SALES TAX $625.11 RETAILERS ~ Invoice 080905 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $625,11 Refer 80905 MINNESOTA MUNICIPAL BEVERA -2283- CITY OF MOUND Cash Payment Invoice 080905 Transaction Date City of Mound Payments 08/03/05 4:43 PM Page 12 Current Period: August 2005 E 609-49750-438 Licenses and Taxes 2005-2006 MEMBERSHIP DUES $1,440.00 8/9/2005 7/28/2005 Wells Fargo 10100 Total $1,440.00 Refer 80905 MINNESOTA ROADWAYS COMPA Cash Payment Invoice 48371 Cash Payment Invoice 48230 Cash Payment Invoice 48420 Transaction Date E 101-43100-224 Street Maint Materials ASPHALT EMULSION $255.60 8/9/2005 E 101-43100-224 Street Maint Materials ASPHALT EMULSION $287.55 8/9/2005 E 101-43100-224 Street Maint Materials ASPHALT EMULSION $255.60 8/9/2005 8/3/2005 Wells Fargo 10100 Total $798.75 Refer 80905 MINNESOTA VALLEY TESTING LA Cash Payment E 601-49400-470 Water Samples COLIFORM, MF - WATER $77.50 Invoice 264114 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $77.50 Refer 80905 MINNETONKA PORTABLE DREDGI Cash Payment E 281-45210-525 Other Capital Improveme OVERLAND LAND RIPRAP $3,520.00 Invoice 080905 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $3,520.00 Refer 80905 MINUTEMAN PRESS Cash Payment E 222-42260-200 Office Supplies $123.58 Invoice 5762 8/9/2005 Cash Payment E 101-42110-203 Printed Forms $133.51 Invoice 5781 8/9/2005 PO 19095 BUSINESS CARDS VEHICLE IMPOUND FORMS Transaction Date 7/29/2005 Wells Fargo 10100 Total $257.09 Refer 80905 MOORE, CARLTON Cash Payment E 101-43100-434 Conference & Training Invoice 080905 8/9/2005 Cash Payment E 601-49400-434 Conference & Training Invoice 080905 8/9/2005 Cash Payment E 602-49450-434 Conference & Training Invoice 080905 8/9/2005 Transaction Date 8/3/2005 REIMBURSE ROTARY GOLF TOUNAMENT REIMBURSE ROTARY GOLF TOUNAMENT REIMBURSE ROTARY GOLF TOUNAMENT Wells Fargo 10100 Total $33,34 $8.33 $8.33 $50.00 Refer 80905 Cash Payment Invoice 080905 Cash Payment Invoice 080905 Cash Payment Invoice 080905 Transaction Date MOUND FIRE DEPARTMENT E 222-42260-180 Fire-Drill Pay 8/9/2005 E 222-42260-185 Fire-Maintenance Pay 8/9/2005 E 222-42260-190 Fire-Monthly Salaries 8/9/2005 7/29/2005 06-05 MAINTENANCE 06-05 DRILLS 06-05 SALARIES Wells Fargo 10100 Total Refer 80905 MOUND, CITY OF Cash Payment E 609-49750-382 Water Utilities 06-05 WATER/SEWER Invoice 080905 8/9/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $833.00 $660.00 $8,922.75 $10,415.75 $21.57 $21.57 Refer 80905 NATIONAL WATERWORKS -2284- CITY OF MOUND Cash Payment Invoice 2549862 Transaction Date City of Mound Payments 08/03/05 4:43 pM Page 13 Current Period: August 2005 E 601-49400-220 Repair/Maint Supply BALL CURB FLRXFLR $1,383.53 8/9/2005 PO 19055 8/3/2005 Wells Fargo 10100 Total $1,383.53 Refer 80905 NELSON ELECTRIC MOTOR REPAI Cash Payment E 602-49450-221 Equipment Parts LIFT STATION REPAIR $2,898.30 Invoice 2561 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $2,898.30 Refer 80905 NEOPOST Cash Payment E 101-41910-400 Repairs & Maint Contract BRUSH ASSEMBLY $13.67 Invoice P216634801 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $13.67 Refer 80905 NEXTEL COMMUNICATIONS (FIRE _ Cash Payment E 222-42260-321 Telephone & Cells 06-19-05 THRU 07-18-05 952-292-0150 $43.53 Invoice 072205 8/9/2005 Cash Payment E 222-42260-321 Telephone & Cells 06-19-05 THRU 07-18-05 952-292-0502 $23.52 Invoice 072205 8/9/2005 Transaction Date 7/29/2005 Wells Fargo 10100 Total $67.05 Refer 80905 NEXTEL COMMUNICATIONS (PAR Cash Payment E 101-45200-321 Telephone & Cells 06-19-05 THRU 07-18-05 612-221-6740 $32.59 Invoice 072205 8/9/2005 Payment E 101-45200-321 Telephone & Cells 06-19-05 THRU 07-18-05 612-221-6794 $14.01 Invoice 072205 8/9/2005 Cash Payment E 101-45200-321 Telephone & Cells 06-19-05 THRU 07-18-05 612-221-6812 $89.48 Invoice 072205 8/9/2005 Cash Payment E 101-45200-321 Telephone & Cells 06-19-05 THRU 07-18-05 612-221-8385 $33.66 Invoice 072205 8/9/2005 Cash Payment E 101-42400-321 Telephone & Cells 06-19-05 THRU 07-18-05 612-363-5883 $27.28 Invoice 072205 8/9/2005 Transaction Date 7/29/2005 Wells Fargo 10100 Total $197.02 Refer 80905 NEXTEL COMMUNICATIONS (POLl Cash Payment E 101-42110-321 Telephone & Cells 06-19-05 THRU 07-18-05 CELL PHONES $485.55 Invoice 080905 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $485.55 Refer 80905 NRG PROCESSING SOLLUTIONS L Cash Payment E 101-43100-440 Other Contractual Servic 06-05 LEAF/BRUSH SERVICE $730.00 Invoice 61541 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $730.00 Refer 80905 OFFICE DEPOT Cash Payment E 101-41310-200 Office Supplies Invoice 298640334-001 8/9/2005 Cash Payment E 101-41500-200 Office Supplies Invoice 298640334-001 8/9/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 298640334-001 8/9/2005 Payment E 101-45200-200 Office Supplies Invoice 298640334-001 8/9/2005 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES $5,10 $5,10 $5.10 $5.10 -2285- CITY OF MOUND City of Mound Payments 08/03/05 4:43 PM Page 14 Current Period: August 2005 Cash Payment E 101-43100-200 Office Supplies Invoice 298640334-001 8/9/2005 Cash Payment E 609-49750-200 Office Supplies Invoice 298640334-001 8/9/2005 Cash Payment E 601-49400-200 Office Supplies Invoice 298640334-001 8/9/2005 Cash Payment E 602-49450-200 Office Supplies Invoice 298640334-001 8/9/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 298290923-001 8/9/2005 Cash Payment E 101-42110-200 Office Supplies Invoice 293433431-001 8/9/2005 PO 19093 Cash Payment E 222-42260-200 Office Supplies Invoice 296902180-002 8/9/2005 PO 19151 Cash Payment E 222-42260-200 Office Supplies Invoice 296902180-001 8/9/2005 PO 19151 Cash Payment E 101-41310-200 Office Supplies Invoice 299412457-001 8/9/2005 Cash Payment E 101-41500-200 Office Supplies Invoice 299412457-001 8/9/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 299412457-001 8/9/2005 Cash Payment E 101-45200-200 Office Supplies Invoice 2994'12457-001 8/9/2005 Cash Payment E 101-43100-200 Office Supplies Invoice 299412457-001 8/9/2005 Cash Payment E 609-49750-200 Office Supplies Invoice 299412457-001 8/9/2005 Cash Payment E 601-49400-200 Office Supplies Invoice 299412457-001 8/9/2005 Cash Payment E 602-49450-200 Office Supplies Invoice 299412457-001 8/9/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 299412457-001 8/9/2005 Cash Payment E 101-45200-200 Office Supplies Invoice 299412457-001 8/9/2005 Transaction Date 8/3/2005 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES PAPER BLACK INK,POST-IT FLAGS CLOCK RADIO INK JET 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 SCALE TRIANGLE INK JET CARTRIDGE Wells Fargo 10100 $5.10 $1.73 $3.40 $3.40 $18.08 $67.33 $16.91 $99.66 $5.17 $5.17 $5.17 $5.17 $5.17 $1.74 $3.45 $3.45 $14.51 $53.20 Total $338.21 Refer 80905 OLSON, CRAIG/KIMBER Cash Payment G 601-11520 Accts Receivable-Customer Invoice 080905 8/9/2005 Transaction Date 7/25/2005 Refer 80905 PAUSTIS AND SONS WINE COMPA Cash Payment Invoice 8075811 Cash Payment Invoice 8076477 Cash Payment Invoice 8076476 REIMBURSE OVERPAYMENT $77.14 Wells Fargo 10100 Total $77.14 E 609-49750.253 Wine For Resale WINE $992.00 8/9~2005 E 609-49750-252 Beer For Resale BEER $61.50 8/9/2005 E 609-49750-253 Wine For Resale WINE $2,219.01 8/9/2005 -2286- CITY OF MOUND City of Mound Payments 08/03/05 4:43 PM Page 15 Current Period: August 2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$18.49 invoice 8077034 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE ~$19.49 Invoice 8077064 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $887.98 Invoice 8077328 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $4,122.51 Refer 80905 PEPSI-COLA COMPANY Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $138.00 Invoice 78357363 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $138.00 Refer 80905 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-253 Wine For Resale WINE $0.00 Invoice 2221141 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $823.55 invoice 2221140 8/9/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $254.60 Invoice 2221139 8/9/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $81.55 Invoice 2223348 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1,835.20 2223349 8/9/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $2,994.90 Refer 80905 PLUNKETT'S, INCORPORATED Cash Payment E 101-41910-440 Other Contractual Servic JUL,AUG,SEPT PEST CONTROL $99.67 Invoice 731503 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $99.67 Refer 80905 POLICE CHAPLAINS INTERNATIO Cash Payment E 101-42110-433 Dues and Subscriptions 2005 ANNUAL MEMBERSHIP $100.00 Invoice 15365 8/9/2005 PO 19100 Transaction Date 7/25/2005 Wells Fargo 10100 Total $100.00 Refer 80905 PROTECTION ONE Cash Payment E 101-41910-440 Other Contractual Servic 08-01-05 THRU 10-31-05 FIRE MONITORING $142.80 #12681094 Invoice 080905 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $142.80 Refer 80905 QUALITY WINE AND SPIRITS Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $607.46 Invoice 580401-00 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1,182.98 Invoice 580907-00 8/9/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $713.57 Invoice 583940-00 8/9/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,725.66 Invoice 583645-00 8/9/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $4,229.67 Refer 80905 RANDY'S SANITATION -2287- CITY OF MOUND Cash Payment Invoice 1699 Transaction Date City of Mound Payments 08103/05 4:43 PM Page 16 Current Period: August 2005 E 101-41910-384 Refuse/Garbage Dispos 07-05 GARBAGE SERVICE $117.11 8/9/2005 7/21/2005 Wells Fargo 10100 Total $117.11 Refer 80905 RA Y ALLEN MANUFACTURING CO Cash Payment G 101-22805 Police Forfeiture Program K-9 EQUIPMENT $348.75 Invoice 198944 8/9/2005 PO 19004 Transaction Date 7/28/2005 Wells Fargo 10100 Total $348.75 Refer 80905 RAYS SERVICES Cash Payment E 281-45210-533 Tree Removal FINCH LANE TREE TRIM $225.00 Invoice 080905 8/9/2005 Cash Payment E 101-45200-533 Tree Removal RESTHAVEN BOAT LAUNCH TREE TRIM $1,150.00 Invoice 080905 8/9/2005 Cash Payment E 101-45200-533 Tree Removal 4653 CARLOW REMOVAL $560.00 Invoice 080905 8/9/2005 Cash Payment E 101-45200-533 Tree Removal BLACK LAKE LANE REMOVAL $2,060.00 Invoice 080905 8/9/2005 Cash Payment E 101-45200-533 Tree Removal CHAPMAN PLACE REMOVAL $270.00 Invoice 080905 8/9/2005 Cash Payment E 101-45200-533 Tree Removal 3225 DEVON/ISLANDVIEW BRUSH PILE $75.00 Invoice 080905 8/9~2005 Cash Payment E 101-45200-533 Tree Removal NORTHERN/SANDY TREE TRIM $185.00 Invoice 080905 8/9/2005 Cash Payment E 101-45200-533 Tree Removal CENTERVIEW ROAD STORM $425.00 Invoice 080905 8/9~2005 Cash Payment E 101-45200-533 Tree Removal OVERLAND ROAD REMOVAL $865,00 Invoice 080905 8/9~2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $5,815.00 Refer 80905 REYNOLDS WELDING SUPPLY CO Cash Payment E 222-42260-418 Other Rentals AIR AND OXYGEN Invoice R06051074 8/9~2005 Transaction Date 7/29~2005 Wells Fargo 10100 Refer 80905 SENTRY SYSTEMS, INCORPORA T Cash Payment E 609-49750-440 Other Contractual Se~vic 08-05 FIRE MONITORING Invoice 449614 8/9~2005 Cash Payment E 609-49750-440 Other Contractual Servic 08-05 FIRE ALARM TEST/INSPECTION Invoice 449614 8/9/2005 Cash Payment E 609-49750-440 Other Contractual Servic 08-05 COMMERCIAL MONITORING SERVICES Invoice 451445 8/9/2005 Cash Payment E 609-49750-440 Other Contractual Servic 08-05 O/C'S NO REPORTS Invoice 451445 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Refer 80905 SHANKEN COMMUNICATIONS, IN Cash Payment E 609-49750-430 Miscellaneous 07-31-05 PUBLICATION Invoice 850332 8~9/2005 $22.07 Total $22.07 $27.58 $10.65 $23,54 $10.65 Total $72.42 $12,50 Transaction Date 8/3/2005 Wells Fargo 10100 Total $12.50 Refer 80905 SHOREWOOD TREE SERVICE -2288- CITY OF MOUND City of Mound Payments 08/03/05 4:43 PM Page 17 Current Period: August 2005 Cash Payment E 101-45200-533 Tree Removal 4540 DORCHESTER REMOVAL $426.00 Invoice 5458 8/9/2005 Cash Payment E 101-45200-533 Tree Removal DOVE/JENNINGS REMOVAL $532.50 Invoice 5459 8/9/2005 Cash Payment E 101-45200-533 Tree Removal 4740 GORDON REMOVAL $319.50 Invoice 5460 8/9/2005 Transaction Date 8/1/2005 Wells Fargo 10100 Total $1,278.00 Refer 80905 SKINNER, GREG Cash Payment E 601-49400-430 Miscellaneous REIMBURSE ROTARY FUNCTIONS $25.00 Invoice 080905 8/9/2005 Cash Payment E 602-49450-430 Miscellaneous REIMBURSE ROTARY FUNCTIONS $25.00 invoice 080905 8/9~2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $50.00 Refer 80905 SPECIALTY WINES AND BEVERAG Cash Payment E 609-49750-253 Wine For Resale WINE $244.00 Invoice 3778 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $244.00 Refer 80905 SPEEDWAY SUPERAMERICA (FIR . Cash Payment E 222-42260-212 Motor Fuels THRU 07-26-05 GASOLINE CHARGES $458.06 Invoice 080905 8/9/2005 Transaction Date 8/1/2005 Wells Fargo 10100 Total $458.06 Refer 80905 SPEEDWA Y SUPERAMERICA (P/W Cash Payment E 101-43100-212 Motor Fuels THRU 07-26-05 GASOLINE CHARGES $1,404.27 Invoice 080905 8/9/2005 Cash Payment E 601-49400-212 Motor Fuels THRU 07-26-05 GASOLINE CHARGES $816.03 Invoice 080905 8/9/2005 Cash Payment E 602-49450-212 Motor Fuels THRU 07-26-05 GASOLINE CHARGES $187.95 Invoice 080905 8/9/2005 Transaction Date 8/1/2005 Wells Fargo 10100 Total $2,408.25 Refer 80905 SPEEDWAY SUPERAMERICA (PAR Cash Payment E 101-42400-212 Motor Fuels THRU 07-27-05 GASOLINE CHARGES $16.03 Invoice 080905 8/9/2005 Cash Payment E 101-43100-212 Motor Fuels THRU 07-27-05 GASOLINE CHARGES $16.03 Invoice 080905 8/9/2005 Cash Payment E 601-49400-212 Motor Fuels THRU 07-27-05 GASOLINE CHARGES $16.03 Invoice 080905 8/9/2005 Cash Payment E 602-49450-212 Motor Fuels THRU 07-27-05 GASOLINE CHARGES $16.03 Invoice 080905 8/9/2005 Cash Payment E 101-45200-212 Motor Fuels THRU 07-27-05 GASOLINE CHARGES $1,272.82 Invoice 080905 8/9/2005 Transaction Date 8/1/2005 Wells Fargo 10100 Total $1,336.94 Refer 80905 STEEN, MARY Cash Payment G 601-11520Accts Receivable-Customer REIMBURSE OVERPAYMENT $55.59 invoice 080905 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $55.59 Refer 80905 STONEBROOKE EQUIPMENT, INC -2289- CITY OF MOUND Cash Payment Invoice 6687 Cash Payment Invoice 6687 Cash Payment Invoice 6687 Transaction Date Refer 80905 City of Mound Payments E 101-43100-500 Capital Outlay FA 8/9/2005 PO 19202 E 601-49400-500 Capital Outlay FA 8/9/2005 PO 19202 E 602-49450-500 Capital Outlay FA 8/9/2005 PO 19202 8~3/2005 Wells Fargo STORM CONTRACTING Cash Payment Invoice 100251 Transaction Date 08/03/05 4:43 PM Page 18 Current Period: August 2005 PLOW $1,362.14 PLOW PLOW $1,362.14 $1,362.13 10100 Total $4,086.41 $78.26 Total $78.26 E 101-43100-404 Repairs/Maint Machinery BLOWER AIR FILTER 8/9~2005 8/3/2005 Wells Fargo 10100 Refer 80905 STRAUGHAN HARDWARE, INCOR Cash Payment E 496-46580-500 Capital Outlay FA PUBLIC SAFETY BUILDING $97.18 Invoice 202359 8/9/2005 Transaction Date 7/29/2005 Wells Fargo 10100 Total $97.18 Refer 80905 STREICHER'S Cash Payment G 101-22803 Police Reserves BATON,EXPANDABLE $69.17 Invoice 1279430 8/9/2005 PO 19092 Cash Payment E 101-42110-218 Clothing and Uniforms SHIRTS/SHORTS $138.82 Invoice 1280982 8/9/2005 PO 19097 Cash Payment E 602-49450-221 Equipment Parts RECHARGEABLE BATTERY $26.57 Invoice 1278150 8/9/2005 Transaction Date 7/22/2005 Wells Fargo 10100 Total $234.56 Refer 80905 SUBURBAN TIRE WHOLESALE Cash Payment E 101-45200-409 Other Equipment Re;air TIRES $64.35 Invoice 10039925 8/9/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $64.35 Refer 80905 SUTPHEN CORPORATION Cash Payment E 222-42260-409 Other Equipment Re;air LADDER TRUCK DOOR ASSEMBLY $261.94 invoice 12129704 8/9/2005 PO 19153 Transaction Date 7/29/2005 Wells Fargo 10100 Total $261.94 Refer 80905 THORPE DISTRIBUTING COMPAN Cash Payment E 609-49750-252 Beer For Resale BEER $99.00 Invoice 38406 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $43.50 Invoice 380079 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $112.50 Invoice 380601 8~9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $10,532.20 Invoice 380602 8~9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $402.00 Invoice 38431 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $136.50 Invoice 381164 8/9/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $3,537.90 Invoice 381535 8/9/2005 -2290- CITY OF MOUND City of Mound Payments 08/03/05 4:43 PM Page 19 Current Period: August 2005 Cash Payment E 609-49750-252 Beer For Resale BEER $t12.15 Invoice 381534 8/9/2005 Transaction Date 7125/2005 Wells Fargo 10100 Total $14,975.75 Refer 80905 TOTAL REGISTER SYSTEMS, INC. Cash Payment E 609-49750-210 Operating Supplies PRINTER RIBBONS $273.46 Invoice 18588 8/9/2005 Transaction Date 7/21/2005 Wells Fargo 10100 Total $273.46 Refer 80905 TRUE VALUE, MOUND Cash Payment E 222-42260-322 Postage 06-15-05 SHIPPING CHARGE $12.44 Invoice 7777 8/9/2005 Cash Payment E 222-42260-322 Postage 06-20-05 SHIPPING CHARGE $10.09 invoice 7965 8/9/2005 Cash Payment E 222-42260-210 Operating Supplies 06-25-05 DOME LAMP $2.12 Invoice 8219 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $24.65 Refer 80905 TWO RIVER SIGN AND DESIGN Cash Payment E 101-41110-430 Miscellaneous SIGN INSERTS $20.75 Invoice 1158 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $20.75 Refer 80905 UNIFORMS UNLIMITED Cash Payment G 101-22803 Police Reserves NAME TAGS AND SWEATER $88.30 Invoice 279540 8/9/2005 PO 18828 Cash Payment E 101-42110-218 Clothing and Uniforms BODY ARMOR #6410 $730.00 Invoice 280527 8/9/2005 PO 18816 Transaction Date 7/2512005 Wells Fargo 10100 Total $818.30 Refer 80905 WATERTOWN PARTS CENTER Cash Payment E 101-45200-220 Repair/Maint Supply ACETYLENE,TIE DOWNS $50.34 Invoice 220727 8/9/2005 Transaction Date 8/3/2005 Wells Fargo 10100 Total $50.34 Refer 80905 WEIST, KATHY Cash Payment E 222-42260-431 Meeting Expense FIRE COMMISSION MEETING $38.68 Invoice 080905 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $36.66 Refer 80905 WIDMER CONSTRUCTION, LLC Cash Payment E 601-49400-400 Repairs & Maint Contract 06-28-05 OAK[AWN CUT IN GALE $1,596.00 Invoice 1048 8/9~2005 Cash Payment E 601-49400-400 Repairs & Maint Contract 07-05-05 HIGHLAND/IDLEWOOD GATE $480.00 VALVE Invoice 1054 8/9/2005 Transaction Date 7/25/2005 Wells Fargo 10100 Total $2,076.00 Refer 80905 WORLD CLASS WINES, INCORPO Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$240.00 Invoice 166024 8~9~2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-DISPLAY SAMPLES -$46.95 Invoice 166192 81912005 -2291 - CITY OF MOUND Cash Payment · Invoice 166192 Cash Payment Invoice 166969 Transaction Date City of Mound Payments 08/03/05 4:43 PM Page 20 Current Period: August 2005 E 609-49750-253 Wine For Resale WINE $218.01 8/9/2005 E 609-49750-253 Wine For Resale WINE $598.25 8~9/2005 7~25~2005 Wells Fargo 10100 Total $529.31 Refer 80905 Cash Payment Invoice 080905 Cash Payment Invoice 080905 Cash Payment Invoice 080905 Cash Payment Invoice 080905 Cash Payment Invoice 080905 Cash Payment Invoice 080905 Cash Payment Invoice 080905 Cash Payment Invoice 080905 Cash Payment Invoice 080905 Cash Payment Invoice 080905 XCEL ENERGY E 101-43100-381 Electric Utilities 06-20-05 THRU 07-20-05 #51-6002838-2 $196.97 8/9/2005 E 601-49400-381 Electric Utilities 06-20-05 THRU 07-20-05 #51-6002838-2 $196.97 8/9/2005 E 602-49450-381 Electric Utilities 06-20-05 THRU 07-20-05 #51-6002838-2 $196.97 8/9/2005 E 609-49750-381 Electric Utilities 06-21-05 THRU 07-23-05 #51-6002832-6 $1,401.26 8/9/2005 E 101-45200-381 Electric Utilities 06-27-05 TH RU 07-27-05 #51-6380809-7 $219.11 8/9/2005 E 601-49400-381 Electric Utilities #51-4857247-6 LIFT STATIONS $170.78 8/9/2005 E 222-42260-381 Electric Utilities 06-22-05 THRU 07-24-05 #51-6002831-55 $1,155.56 8/9~2005 E 101-42110-381 Electric Utilities 06-22-05 THRU 07-24-05 #51-6002831-5 $1,155.56 8/9/2005 E 101-41910-381 Electric Utilities 06-22-05 THRU 07-24-05 #51-6002830-4 $1,773.92 8/9/2005 E 101-45200-381 Electric Utilities 06-27-05 THRU 07-27-05 #51-4322305-4 $85.37 8/9/2005 Transaction Date 7/28/2005 Wells Fargo 10100 Total $6,552,47 -2292- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 401 GENERAL CAPITAL PROJECTS 455 TIF 1-2 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND City of Mound Payments 08/03/05 4:43 PM Page 21 Current Period: August 2005 10100 Wells Fargo $73,019.77 $18,215.32 $4,077.46 $1,503.41 $155.22 $6,682.18 $116,480.04 $10,887.05 $74,777.01 $305,797.46 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $305,797.46 $305,797.46 -2293- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 TEMPORARY ON-SALE 3.2 MALT LIQUOR PERMIT PAID ^U6 0:1 Z085 CITY OF MOUND Event: Incredible Festival Date(s) of Event: September 9, 10 & 11 of 2005 Address of Event: 2385 Commerce Blvd. in Mound, MN 55364 Chairperson of Organization: Rhonda M. Eurich, Administrator at Our Lady of the Lake Church Address: 2385 Commerce Blvd. Mound, MN 55364 Home Phone: 952.472.1284 ext. 161 Work Phone: 952.472.1284 ext. 161 Minnesota State Statute 340A.403 - 3.2 percent malt liquor license Subd. 2. Temporary licenses, (a) A club or charitable, religious, or nonprofit organization may be issued a temporary on-sale license for the sale of 3.2 percent malt liquor. (b) The temporary license may authorize the sale of 3.2 percent malt liquor in any school or school buildings. (c) Temporary licenses are subject to the terms set by the issuing county or city. State Statute does not require additional insurance for temporary 3.2 percent malt liquor licenses. Date Approval- City Clerk Date Approval - Police Dept. -2294- $100/day $300/yr. PLEASE WAIVE THE FEE! September 10 & 11, 2005 Date of Single Dance / License Year Annual Dance LICENSE # CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC DANCE/LIVE MUSIC PERMIT APPLICATION EVENT: Incredible Festival LOCATION OF DANCE/LIVE MUSIC: Parking lot at 2385 Commerce Blvd. Mound, MN 55364 TYPE OF DANCE/LIVE MUSIC: _ Variety of different acts and music TIME PERIOD OF DANCE/LIVE MUSIC Saturday September 10~ until 10 pm. Sunday September 11 ~ until 5 pm. (HOURS PERMITTED: Mon-Sat: 8pm-12:30am- Sunday: 8pm- 11:30pm) CHAIRPERSON OR APPLICANT: Rhonda M. Eurich TITLE: Administrator ADDRESS: Our Lady of the Lake Church 2385 Commerce Blvd. Mound, MN 55364 HOME PHONE #952.472.1284 ext. 161 WORK PHONE #952.472.1284~~ ~~ July 20, 2005 . Date ~ Applicant's Signature DePartment Approval/Denial (SUbmit memO if denied) ApproVed Denied PoliCe Dept,. Adm, Fire Depti "h~.,,21.,~ '7-zz-. ~- - 2295- Engineering o Planning ° Surveying July 27, 2005 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnsota 55364 SUBJECT: City of Mound Well 8 Pumphouse Improvements Partial Payment MFRA #13313 Dear Ms. Hanson: Enclosed is Magney Construction's Payment Request No. 4 for work completed through July 31, 2005 on the subject project. The amount of this payment request is $104,665.30. 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 Bob Dehler, P.E. cc: Gino Businaro, Finance Director Enclosure s:Xmain:~Vlou 13313~corresXHansonPart-pay7-27 An Equal Opportunity Employer 14800 28th Avenue North, Suite 140 · Plymouth, Minnesota . 55447 - 2296- phone 763/476-6010 · fax 763/476-8532 · e-maih mfra@mfra.com APPLICATION FOR PAYMENT NO. 5 To: City of Mound (OWNER) From: Ma~e¥ Construction, Inc. 1401 Park Road, Chanhassen, MN 55317 (CONTRACTOR) Contract: General Construction Project: Well No. 8 Pump House in Mound, MN OWNER'S Contract No. ENGINEER'S Project No. For Work Accomplished through the Date of: 7-31-05 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: $ 26,850.48 5% of stored material: $ 769.15 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 $(79,499.01) $649,000.99 $552,392.60 $ 27,619.63 $524,772.97 $420,107.67 $104,665.30 Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received for 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 number 1 through 5 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 free 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. Magney Construction, Inc. (contractor) BY~neyC-l~r~ ,2005. Payment of the above AMOUNT DUE THIS APPLICATION is recommended. City of Mound (Owner) By. Date MFRA Inc. (Engineer) -2297- ~00 -2298- -2299- VESSCO, INC. 6861 Flying Cloud Ddve Eden Prairie, MN 55344 (952) 941-2678 FAX (952) 941-0796 Bill To: Accounts Payable MAGNEY CONSTRUCTION, INC. 1401 PARK ROAD CHANHASSEN, MN 55317 Ship To: MAGNEY CONSTRUCTION, INC. C/O WELL #8 PUMPHOUSE 6125 EVERGREEN ROAD MOUND, MN 55364 INVOICE 34293 Date 07113105 Terms Net 30 Days Order # 20542 Ordered 03/28/05 Cust Account # 011588 Job # 200520 Cust PO # 279-11250 Ship Via BEST Shipped 07/12/05 FOB SHIPPING POINT Rep 400 Ship Info. TAX ID MN Customer Phone (952) 474-1674 j ltem Num Description Order Ship I BIO Unit Price Ext Price I Section 11330/fluoride 1 I 1 I 0 0.00 0.00 IME19MAVHT3A5 Pump, 4-20ma, 4gph, 100psi i 2 I 2 I 0 0.00 0.00 iG1954S Bracket, wall 1/2" wpp,7"xS-1/4 3 I 3 I 0 0.00 0.00 i BREAK BOX BREAK BOX I 1 I 0 0.00 0.00 iTC35631A TANK, DOME TOP 220 GALLONS, W/MOLDED 1 1 0 0.00 0.00 i BF10200TXT BULKHEAD FITTING 2" TXT 2 2 I 0 0.00 0.00 iBF10050TXT Bulkheadfittingl/2"pvctxt I 2 j 2 t 0 0.00 0.00 140-12D30P Scale Platform 3000lb 40x40 t 1 I 1 t 0 0.00 0.00 ii10998 Corp Stop 3/4in I 1 I 1 ! 0 0.00 0.00 iTB10050ST Ball valve, 1/2" true union sxtJviton I1 1110 0.00 0.00 [.910 Equipment Package I 1 I 1 !0 n,633.00 ,633.00 O.O . COM...T. RECEXYE Amount ~4,633.00 Tax 301.15 JUL 1~t 'LiJ,j3 Freight 0.0r Invoice Total 4,934.15 ~ Invoice 0003-4293: Page 1 of 1 -2300- National Branch WaterwOrks Account Salesperson 100144 RICK KIEMELE I Invoice Date Invoice Number 7/06/05 2274894 N-WW - Eden Prairie Branch - 230 15800 W 79th St Eden Prairie MN 55344 952/937-9666 MAGNEY CONSTRUCTION 230 1401 PARK RD CHANHASSEN MN 55317 9592 Rem/t to: INVOICE oo/ooo 00000 Shipped to: National Waterworks, Inc. PO BOX 99595 CHICAGO, IL 60693 9595 Total Amount Due JOBSITE: JUST EAST OF WESTEDGE BLVD ON EVERGREEN ROAD HUDSON BOOK 417 A2 MOUND, MN 3,646.19 CUSTOMER JOB- MOUND#8 WELL HOUSE #8 Thank You For The Opportunity To Serve You. Retum Top Portion With Payment Fo r Faster Cred it We appreciate your prompt payment. Date Ordered Date Shipped [ Customer PO No. Job Name Job No. Bill of Lading Shipped Via Order Number 4/18/05 6/30/05[ WELL HOUSE #8 MOUND#8 QUICKSILVER 2274894 Qu~tity .~ Back- Price Per Amount Product Code Description Ordered Ordered /30004196144 10" GA 280 GLOBE SIL CHECK VLV i 1 772.50000 EA 772.50 /80004196165 10" ML04-D W/TR28-2 1 1 2358.75000 EA 2,358.75 /19204196167 10" X 10" FLG X FLG DI RPX/CEM 1 1 229.90000 EA 229.90 Terms Subtotal NET 30 3,361.15 Freight Deliver7 Handling Restock Misc Tax Invoice Total 62.50 222.54 3,646.19 THANK YOU FOR YOUR ORDER ~ VISIT WWW.NATIONALWATERWORKS.COM Please paythisamount FOR INVOICING BY EMAIL AND OTHER SERVICES OFFERED BY NATIONAL WATERWORKS, INC. 00000 NWW - Eden Prairie Branch - 230 15800 W 79th St Eden Prairie MN 55344 "Local Service, Nationwide" www.nationalwaterworks.com Page: 1 INVOICE Invoice: 2274894 -2301 - Engineering ° Planning ° Surveying August 2, 2005 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound 2005 Seal Coat Program MFRA #6173 Dear Mayor and Councilmembers: Enclosed is a tabulation of the bids received on Wednesday, July 27, 2005, for the ~ Seal Coat Program. Two bids were received with the low bid of $26,584 submitted by Pearson Brothers of Loretto. The other bid amount was $27,040. The Engineer's estimate for this project was $24,600. Included in the bid proposal was an add-alternate for sweeping to pick up and dispose of the loose aggregate, after the seal coating. Staff is recommending acceptance of the add-alternate bid in the amount of $1,600.00. Public Works is pleased with the work done in the past by Pearson Brothers; therefore, we are recommending that Pearson Brothers be awarded a contract in the amount of $26,584. If you have any questions or need additional information, please contact us. Very truly yours, MFRA Rbbert Dehler, City Engineer RD:jm Enclosure cc: Carlton Moore, Public Works Director sAmain:WIou06173:\Correspondenceh-nayor8-2 An Equal Opportunity Employer 14800 28th Avenue North, Suite 140 · Plymouth, Minnesota · 55447 -2302- phone 763/476-6010 · fax 763/476-8532 · e-ma#: mfra@mfra, com -2303- RESOLUTION # 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING A MINOR SUBDIVISION AND VARIANCES FOR THE PROPERTY LOCATED AT 4539 ISLAND VIEW DRIVE P & Z CASE # 05-42 & 05-43 PID # 30-117-22-21-0001 WHEREAS, the applicants, Randy Schneewind and Brian Teeters, have submitted a request for a minor subdivision to create two buildable parcels from an existing lot of record; and, WHEREAS, the property is located at the intersection of Island View Drive and Aberdeen Road. The property includes lots 1 and 2, Block 1, Devon. The property as currently held includes approximately 18,200 square feet. The Zoning is R-lA, Single Family Residential; and, WHEREAS, according to Hennepin County data the current residence on the property was constructed in 1930. The existing home and garage are to be removed and replaced with two new homes; and, WHEREAS, the applicants propose the following development standards for the parcels labeled as "1" and "2" on the survey: Proposed Parcel 1 Lot Area 9,126 sq. ft. Lot Width (as platted measurement) 42 feet Lot Depth (as platted measurement) 100+ feet Sideyards 10 feet Frontyard 20 feet Rear/Lakeside (Lake Minnetonka) 50 feet Hardcover (maximum) 2,738 sq. ft. Required Variance 6,000 sq. ft. 40 feet 80 feet 10 feet 20 feet 50 feet 2,738 sq. ft. -2304- Proposed Parcel 2 Lot Area 8,897 sq. ft. Lot Width (as platted measurement) 40 feet Lot Depth (as platted measurement) 100+ feet Sideyards 10 feet Frontyard 20 feet Rear/Lakeside (Lake Minnetonka) 50 feet Hardcover (maximum) 2,669 sq. ft. Required 6,000 sq. ft. 40 feet 80 feet 10 feet 20 feet 50 feet 2,669 sq. ft. Variance ; and, WHEREAS, the RI-A District requires a minimum of 40 feet of lot frontage on an improved public street. Parcel 1 will need a four foot variance to this requirement while Parcel 2 will need a seven foot variance; and, WHEREAS, Parcel 1 requires a setback variance along the north property line which fronts the Aberdeen Road right-of-way as non-lot of record parcels are required to provide the required 20 foot front yard setback along every street; and, WHEREAS, given the property elevations, the proposed residences will have Iow floor elevations at or greater than the RFPE requirement of 933.0 feet; and, WHEREAS, the applicants have indicated hardcover percentages for each parcel will not exceed the 30% maximum for non-lot of record parcels; and, WHEREAS, the minor subdivision would create a new parcel, triggering park dedication fees of $1100 for the newly created lot (Section 330.120 Subd. 3); and, WHEREAS, Staff has reviewed the application and recommended approval of the minor subdivision with conditions; and, WHEREAS, the Planning Commission has reviewed the variances and has recommended approval as requested by the applicants with the following findings of fact: 1. The lot is an unusual trapezoid shape; and, 2. The project will eliminate an existing encroachment into the 50 foot setback from the ordinary high water level; and, 3. The project will remove the existing driveway from the Aberdeen road right- of-way; and, The site, originally platted for two parcels with non-conforming street frontages, has been configured as best as possible to provide more of an equal amount of street frontage to each parcel. -2305- NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby approve the minor subdivision, a variance for a 10 foot side yard setback along Aberdeen Road for Parcel 1, a four foot variance to the 40 foot minimum street frontage variance for Parcel 1, and a six foot variance for the 40 foot minimum street frontage variance for Parcel 2 as requested by the applicant with the following conditions: 1. The City does hereby approve the minor subdivision request with the following conditions: a) The lots have a non-lot of record status. b) Drainage and utility easements be provided along side lot lines 5 feet in width, rear lot lines 10 feet in width and front lot lines 10 feet in width. Construction within existing easements is not allowed. c) The City Engineer review grading and drainage easements and plans prior to building permit approval. d) Demonstration that the site improvement will not negatively impact drainage on adjacent properties and any construction access agreements from adjacent property owners will be obtained. e) Hardcover be limited to 30%. If pervious pavers are desired to meet this requirement, the installation shall be by a commercial contractor. As-built survey will be required to be submitted for all area(s) where pervious pavers product used to certify that the installation was done according to submitted specifications. The as-built survey shall be required to be signed by professional engineer. Additional information about building floor elevation shall be provided with building permit application. g) Installation of utilities prior to the issuance of building permit or provide financial guarantee to cover the cost of utility service connections prior to the release of the Resolution for recording. h) Locations of water and sewer services to be approved by Mound Public Works department. Payment of sanitary sewer and watermain trunk charges of $1,500.00 each respectively for Parcel 1. J) Payment of sanitary sewer and water connection fees of $240.00 each respectively for Parcel 1. k) Park dedication fee of $1,100.00 be paid prior to the release of the Resolution for recording. -2306- Payment of any City fees for review of the minor subdivision and variance applications. The minor subdivision and variance is 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 seconded by Councilmember and The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted August 9, 2005 Pat Meisel, Mayor Attest: City Clerk -2307- Exhibit "A" Proposed Legal Descriptions: Parcel 1: That part of Lot 1 and Lot 2, Block 1, Devon, according to the recorded plat on file and of record in the Office of the Registrar of Deeds, Hennepin County, Minnesota, lying northeasterly of the following described line; commencing at the southwesterly corner of said Lot 2; thence northeasterly along the westerly line of said Lot 2 32.96 feet to the point of beginning of the line to be described; thence southeasterly to a point on the easterly line of said Lot 1, said point being 85.72 feet southwesterly as measured along said southeasterly line from the northeast corner of said Lot 1 and there terminating. Parcel 2: That part of Lot 1 and Lot 2, Block 1, Devon, according to the recorded plat on file and of record in the Office of the Registrar of Deeds, Hennepin County, Minnesota, lying southwesterly of the following described line; commencing at the southwesterly corner of said Lot 2; thence northeasterly along the westerly line of said Lot 2 32.96 feet to the point of beginning of the line to be described; thence southeasterly to a point on the easterly line of said Lot 1, said point being 85.72 feet southwesterly as measured along said southeasterly line from the northeast corner of said Lot 1 and there terminating. -2308- RESOLUTION # 05- A RESOLUTION APPROVING FRONT AND LAKESIDE SETBACK VARIANCES FOR THE CONSTRUCTION OF A LOWER LEVEL SCREEN PORCH / UPPER LEVEL DECK AND SOLARIUM FOR THE PROPERTY LOCATED AT 3106 PRIEST LANE PID # 23-117-24-34-0075 P & Z CASE # 05-40 WHEREAS, the applicant has submitted an application for front and lakeside setback variances to construct a lower level porch, upper level deck and solarium at 3106 Priest Lane. The associated variances are outlined are as follows: Required Existing Requested Variance Lakeside setback Front/corner setback 50 feet 16 feet 16 feet 34 feet 20 feet 19.4 feet 19.4 feet 0.6 feet WHEREAS, the property is located within the R-lA Single Family Residential Zoning District and subject to the provisions of City Code Chapter 350.625; and WHEREAS, the new porch, upper level deck and solarium would replace the existing porch and deck currently located on the property within the same footprint; and WHEREAS, the Planning Commission has reviewed the request at its June 20, 2005 and July 11, 2005 meetings as required by the City Code; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby approve the front and lakeside setback variance(s) subject to the following conditions: A. Applicant shall be responsible for payment of all costs associated with the land use request. Bo No future approval of any development plans and/or building permits is included as part of this action in the event the variance(s) application is approved. -2309- C. Applicant shall be required to submit all required information upon submittal of the building permit application. D. Applicant shall be responsible for procurement of any and/or all permits. 2. In approving the requested variance(s), the City Council makes the following findings of fact: The existing deck / porch is located approximately 16 feet (+/-) from the 929.4 Ordinary High Water Mark (OHWM) and is therefore nonconforming. Additionally, the NE corner of the deck / porch does not meet the required 20 foot setback from Ridgewood Drive as it is located 19.4 feet from the property line. The proposed new deck/porch/solarium is proposed to be constructed in the exact location as the existing structure and therefore does not increase the nonconformity on either the lakeside or along Ridgewood Drive. B. A significant portion of the house is located within the 50 foot lakeshore setback area as measured from the 929.40HWM. C. A deck is considered to be astandard feature for lots with lakeside views. D. Variance(s) were granted previously in 1998 and 1995 which recognized the nonconforming deck and porch. E. The lake encompasses the SE corner of the subject property. F. Approximately one-half of the lot is located within the 50-foot lakeshore setback area. G. The proposed new structure meets the side setback requirement of (6) feet on the south side. This variance is approved for the following legally described property as stated in the Hennepin County Property Information System: Lot 1, Block 2, Highland Shores This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to M.S.S. 462.36, Subd. 1. This shall be considered a restriction how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying for all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The variance is valid for one (1) year following its approval unless an extension is approved by the City Council pursuant to the City Code 350:530, Subd. 2 (E). -2310- The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted August 9, 2005 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -2311 - CITY OF MOUND ORDINANCE NO. __-2005 AN ORDINANCE AMENDING CITY CODE CHAPTER 300 AS IT REALTES TO THE BUILDING CODE The City of Mound does ordain: Subsection 300.10, Subd. 5 (Time Limits on Building Construction) of the Mound City Council is hereby amended and renamed as follows: Subd. 5. Construction Completion. A. All exterior construction and site grading must be completed in a manner to avoid a public nuisance as defined in City Code Chapter 1000.15 (A). Construction and grading that has become a public nuisance is subject to abatement under City Code Chapter 1000.25. Passed by the City Council this 9th day of August, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel Published in The Laker the Effective the ~ day of __ day of ,2005. ,2005 -2312- Foundation Survey Requirements As part of the pre-construction site inspection the following staking is required to be completed: 1. Setback dimension stakes on the property line with setback dimension measurement to at least three foundation corners of the proposed structure. 2. Offset and grade stakes to proposed foundation corners. After foundation is in place and prior to construction proceeding, contractor is to have surveyor verify in the field location and elevation of building foundation per building plan requirements and copy given to the City of Mound for approval to proceed. NOTE: Foundation survey verification documentation requirement may be waived if the setbacks for the subject property are 5 feet or greater over the established minimums of front, side, and rear setback requirements for the district. Survey Requirements (08/02/05) Page 3 of 3 -2313- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director August 1,2005 Dock Parcel Subdivision - 3166 / 3170 Westedge Road (Schultz) Background. As the Council may recall, an amendment was approved for the Dock Parcel Ordinance at a recent meeting to allow the Council to extend the 90-day timeline for recording of the dock parcel ordinance. The City Council approved the dock parcel subdivision request from John and Francie Schulz for the property located at 3166 / 3170 Westedge Boulevard on May 24% Therefore, the 90-day timeline expires on or around August 21st. The applicants submitted a wdtten request for an extension on August 1st and it is Staff's understanding that the applicant's attorney is currently working on the development agreement. However, additional time is needed beyond the established deadline to allow for review of the documents by the City Attomey and recording at Hennepin County. Recommendation. Staff recommends that the draft resolution to be approved to extend the timeline for recording of the aforementioned dock parcel subdivision an additional 60-days. -2314- CITY OF MOUND RESOLUTION # 05- RESOLUTION TO AMEND RESOLUTION NO. 05-77 TO EXTEND TIMELINE FOR RECORDING OF SUBDIVISION EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED WITH PROPERTY LOCATED AT 3192 WESTEDGE BOULEVARD TO BE COMBINED WITH PROPERTY LOCATED AT 316613170 WESTEDGE BOULEVARD FOR 60 DAYS PID No. 23-117-24-33-0002 AND 23-117-24-34-0059 WHEREAS, the City of Mound adopted Resolution No. 05-77 on May 24, 2005 which approved a dock parcel subdivision request submitted by John and Francie Schulz associated with property located at 3192 Westedge Boulevard to be combined with the property located at 3166/3170 Westedge Boulevard subject to conditions; and WHEREAS, City Code Chapter 330.10, Subd. D (6) states that the City must be provided with evidence that the Dock Parcel and Residential Parcel have been tax combined within 90 days unless the timeline for compliance has been extended by the Council; and WHEREAS, the deadline for providing evidence of recording for the dock parcel subdivision is on or around August 21,2005; and WHEREAS, the applicant(s) submitted a written request for an extension on or around August 1st and indicated that their legal representative is in the process of preparing the development agreement and/or other appropriate documentation, however, additional time is needed so as to allow for formal review by the City Attorney prior to the recording of the documents at Hennepin County; and WHEREAS, Staff recommends Council approval of the 60-day extension. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: -2315- The City does hereby approve a 60-day extension for providing evidence of recording of the Subdivision Exemption of the property located at 3192 Westedge Boulevard to be combined with the property located at 3166/3170 Westedge Boulevard subject to the following condition(s): A. The applicant shall be responsible for payment of all involved fees associated with the current request. Adopted August 9, 2005 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -2316- .................................................. -2317-- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director August 1,2005 Dock Parcel Subdivision - 3061 Westedge Boulevard (Sarenpa) Background. As the Council may recall, an amendment was approved for the Dock Parcel Ordinance at a recent meeting to allow the Council to extend the 90-day timeline for recording of the dock parcel ordinance. The City Council approved the dock parcel subdivision request from Martin Sarenpa for the property located at 3061 Westedge Boulevard on March 22, 2005. The 90-day timeline expired on or around June 20~h and the Council approved a 60-day extension on June 14% The "new" deadline is on or around August 18~ and it is Staff's understanding that the applicant's attorney is currently working on the development agreement. However, additional time is needed beyond the deadline to allow for review of the documents by the City Attomey and recording at Hennepin County. Recommendation. Staff recommends that the timeline for recording of the dock parcel as approved in City Resolution No. 05-49 be extended another 60-days. A draft resolution has been prepared. -2318- CITY OF MOUND RESOLUTION # 05- RESOLUTION TO AMEND RESOLUTION NO. 05-49 TO EXTEND TIMELINE FOR RECORDING OF SUBDIVISION EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED WITH PROPERTY LOCATED AT 3061 WESTEDGE BOULEVARD FOR 60 ADDITIONAL DAYS PID No, 23-117-24,33-0012 WHEREAS, the City of Mound adopted Resolution No. 05-49 on March 22, 2005 which approved a dock parcel subdivision request submitted by Martin Sarenpa for the property located at 3061 Westedge Boulevard subject to conditions; and WHEREAS, City Code Chapter 330.10, Subd. D (6) states that the City must be provided with evidence that the Dock Parcel and Residential Parcel have been tax combined within 90 days unless the timeline for compliance has been extended by the Council; and WHEREAS, the original deadline for providing evidence of recording for the dock parcel request of the property located at 3061 Westedge Boulevard was on or around June 20, 2005; and WHEREAS, the City Council approved an 60-day extension for recording of the dock parcel subdivision on June 14, 2005; and WHEREAS, the 60-day extension expires on or around August 18, 2005; and WHEREAS, it is Staff's understanding that the applicant's legal representative is in the process of preparing the development agreement and/or other appropriate documentation. However, additional time is needed so as to allow for formal review by the City Attorney prior to the recording of the documents at Hennepin County; and WHEREAS, Staff recommends Council approval of the 60-day extension. -2319- NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: The City does hereby approve an additional 60-day extension for providing evidence of recording of the Subdivision Exemption of the property located at 3061 Westedge Boulevard subject to the following condition(s): A. The applicant shall be responsible for payment of all involved fees associated with the current request. Adopted August 9, 2005 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -2320- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith Date: August 1, 2005 Re: 2005 Incredible Festival Temporary Sign Permit Request SUMMARY. Our Lady of the Lake Catholic Church has submitted a wdtten request and completed sign permit application to allow placement of a five (5) portable signs / sandwich boards at vadous locations in the City to promote the 2005 Incredible Festival which is being held from September 9t' through September 11~. According to the City Code, the placement of the portable signs is allowed upon approval of the City Council. Additionally, they are requesting placement of "special event" signage on pdvate property, the placement of a banner on CSAH 110 and use of a crane / boom truck with a temporary sign to be located on the church property which can be raised and lowered anywhere from 30 to 110 feet. As the Council is aware, the current promotion campaign has been in place for several years including the use of the crane/boom truck. For review and consideration, Staff offers the following comments regarding the request: Pennant / Banner on CSAH 110 . City Code Section 365:15 Subd. 9 (C) allows temporary banners and pennants employed for special events as long as they are removed within (30) days. Applicant is advised that permission from Hennepin County may be required. Special Event Yard Siqns. City Code Section 365.15 Subd. 9 (F) allows the placement of special event signs on subject to the provisions in the City Code which regulates garage sale signs. Crane / Boom with Attached Sign. City Code Section 365 does not specifically address this type of signage however previously it has been classified as a "portable" sign and therefore is allowed upon approval of the City Council. RECOMMENDATION. City staff recommends that the City Council approve the temporary sign permit request(s) from Our Lady of the Lake Catholic Church for the 2005 Incredible Festival subject to the following conditions: 1. The crane / boom truck is propedy stored and secured when not in use and lowered in the event of inclement weather. 2. All signage is removed immediately following the event. -2321 - CiTY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone 952-472-0600 Fax 952-472-0620 SIGN PERMIT APPLICATION SITE Property Address o~ ~._~ ~bm~F__~E~ ~£~)1~ Zone Business Name ~U~ ~ 'r~ ~K4 ~U~ Phone ~-~-~7~/~ APPLICANT Name ~ ~q ~ '~ /~ ~~ / Home Phone, ~'~- ~ ~- ~ ~ Other OWNER Name ~U~ ~ b~ ~ ~ ~~ i - Home Phone ~ ~ ~ d,~ ~ Other SIGN Company Name ~)E ~ ~ ~[ ~ ~~ CONT~CTOR Address ~ ~ ~~ ~LO~ ~%u~ Ot,e NUMBER OF SIGNS APPLYING FOR: --~/ti~u"e-~ (if more than one wall sign is being requested, see Side 2) I'-~'~ SIZE OF SIGN REQUESTED: ~ SEASONAL SIGN to be in place from FREE STANDING SIGN height from ground level to top of sign feet high x L~ feet wide =,,, / ~o <~/~o~-/ b~to ~ I Il / D~-(dates) feet square feet WALL SIGN: Wall area = feet high x Number of existing wall signs: List square footage of each existing sign: Total square feet of all existing wall signs: Percentage of wall area covered by signs: DESCRIBE SIGN (message, materials, illumination, etc.): feet wide = square feet square feet square feet APPLICANT'S SIGNATOkI~ ' DATE (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: RECEIVED BY & DATE PLANS CHECKED BY APPROVED BY & DATE COPIED APPROVED -2322- telephone ~7~9-479-].984 [ac:simile July 20, 2005 To: The City of Mound 5341 Maywood Rd. Mound, MN 55364 We are in the process of ~lanning for our upcoming Incredible Festival, held Friday evening, Saturday and Sunday, September 9th, l0th & 11t . The Committee would like to have a sign held up by a crane, as we have in the past years. This crane is owned and operated by Mr. Bernie Hanson of Rocket Crane Service. The crane is mounted on a truck, and the boom can be raised anywhere from 30 to 110 feet. The truck will be positioned in an enclosed area, by our pastor's garage, with the only access being from Commerce Blvd. The truck will be locked and secured. If inclement weather, such as high winds or storms appear, the boom will be lowered. It wilt be put up on Friday September 9th, and then taken down on Sunday, September 1 lth. If there are any questions about the crane, Mr. Bernie Hanson of 3555 Tuxedo Rd. in Mound would be glad to answer them. We also have five A-frame signboards that are four feet high and four feet wide. These freestanding signs will be positioned: -by the depot -by Super America -by Crow River Bank -by the vacant lot across from PDQ -by Our Lady of the Lake Church We also have an over-the-street banner across Hwy. #110 and Highland Blvd. We also ask parishioners to display 'yard signs' on their property for several weeks before the event, and they are promptly removed after the festival is over. I have attached the sign permit that the City faxed to me. I appreciate your help. If there are any questions, please feel free to contact. Sincerely, Administrator at Our Lady of the Lake Church -2323- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM From: Date: Subject: Honorable Mayor and City Council Cadton Moore, Public Works Director August 9, 2005 Authorization to execute Stipulation of Settlement Agreement and payment for easements on Dove Lane Background As part of the City's 2005 street reconstruction project it was proposed that a small street and utility easement was needed to propedy reconstruct Dove Lane immediately to the South of Jennings Road. This portion of Dove Lane abuts Lake Minnetonka, is very narrow and cannot be adequately rebuilt without additional easements. At it's May 10, 2005 meeting the Council authorized the use of eminent domain to acquire the easements necessary after months of failed negotiations. The City has now received the signed Stipulation of Settlement from the property owner and needs Council authorization to execute. The cost of the easement is $2,800 and will be included in the cost of the project. Recommendation Staff recommends the City Council authorize execution of the Stipulation of Settlement agreement for the acquisition of street and utility easements for the reconstruction of Dove Lane and expenditure of $2,800 for the easements, -2324- ^ui-03-05 ]7:]1 From-Kennedy & Graven +8123379310 T-$73 P.002/008 F-699 H A R 2' E ~t' E 470 U.S, Bank 200 $oud~ .%ixd~ Su'e~t MinneapolL~, MN $5402 (612) 337-9300 rcl,'pho.c (612) 3,57.9510 fax hrrp://www, kcnnrdy-graven ROBERT J. LINDALL Attorvey at Law Direct Dial (612) 337-9219 MSBA Board C~rfified Real Property L~w Specialist August 3, 2005 VIA FACSIMILE 952-472-0620 AND U,S. MAlL Carkon Moore Director of Public Works City of Mound 5341 Maywood Road Mound, MN 55364 City of Mound v. Charles E. Cornelius et al. Hermepin County District Court File No. CD-2774 1652 Dove Lane Dem- Carlton: I have enclosed a Stipulation of Settlement between the City mxd Charles E. Comelius and Judith Cornelius, husband and wife. Under thc Stipulation it is proposed that thc City will pay Charles and laclith Cornelius $2,800 in return for: (a) (b) (c) rcceipt of a recordable easement acceptable to the City; joinder in the easement by Charles E. Cornelius' ex-wife, Josephine Cornelius or filing of a deed or other document exting-uishing her interest in the property; and waiver by Charles and Judith of any claim for additional damages. The aD-cement is contingent upon city council approval. I am enclosing the Stipulation which has been signed by Charles and Judith and 'i understand that the deed is behag signed by Josephine and delivered to Charles' lawyer, Paula Callies. I recommend that the city council approve the Stiptrlation. Pa[clfin, Messner prepm-ed thc City's appraisal of damages which concluded m m~ opinion of $1,500. However, this settlement can be completed without waithag to have the com-t KI L-266326vl M U200-124 -2325- 17:11 Froi-Kennedy & Graven +6123379310 T-673 P.003/008 F-669 Carlton Moore Ltr August 3, 2005 Page 2 appointed commissioners sworn in. If we are obliged to have the Commissioners sworn in, between the cost of the commissioners and legal fees, I anticipate that the City could incur approximately $2,000, in addition to the $1,500 appraisal of damages. Since the $2,800 settlement is less than $3,500 ($1,500 pltm $2,000), which seems likely to be incurred if we go through commissioners and obtain an award based on the City's appraisal, it is more cost efficient for the City to approve file settlement. Let me lmow if you have any questions. Please have the Stipulation signed by the Mayor and City Manager. Please let me lmow if you have any questions. Very truly yours, Robert J. Lindall RJL:cm Enclosure CC: Bob Dehler (w/eno.) John Dean (w/enc.) R.rL-2 as77:~(, I MU200-124 -2326- Aui-03-05 lr:ll From-Kennedy & Graven +81Z3379310 T-$73 ~ ~,l, P.005/008 F-6gg STATE OF MINNESOTA COUNTY OF HBNNEPIN Case Type: Condemnation DISTRICT COURT FOURTH ILTDICIAL DISTRICT City of Mound, a Minnesota municipal corporation, VS. Petitioner, Charles E. Cornelius; all other parties unknown having any right, title, or interest in the real estate described herein together with unknown heirs, devisees or spouseS, if any, Respondents. File No. CD-2774 STIPUL3~TION OF SETTLEM~ENT THIS AGREEMENT is by and between the City of Mound, a municipal corporation under the laws of Minnesota having its principal place of business at 5341 Ma)wood Road, Mound, Minnesota 55364-1627 ("City" or "Grantee"), and Charles E. Cornelius and Judith Cornelius, husband and wife, 1652 Eagle Lane, Mound, Minnesota 55364 (collectively, "Owners" or "Grantors"). 1.01. 1.02. 1.03. I. RECITALS City has undertaken to complete its 2005 Street and Utility Improvement Project ("Project"). Owners represent that they are the Owners of the real estate described in Exhibit A attached hereto ("Property") in fee simple, subject to the interest of Josephine Cornelius, former wife of Charles ~. Cornelius. City has commenced the above captioned proceeding to acquire such permanent and temporary easements as may be necessary for the City to complete the Project. RJL.265700v2 MU20o-I24 -2327- ^u~-03-06 17:11 From-Kennedy,' & Graven +6123379310 %6?3 P.006/008 F-699 1.05. 1.06. 1.08. Such easements include a permanent easement for street and utility purposes and a temporary construction easement burdening the property which City must obtain from Owners and which are described on Exhibit A attached hereto ("Easements"). On May 10, 2005, after preliminary negotiations between the City Engineer and thc Owner failed to resuh in agreement, the City Council adopted a resolution authorizing commencement of eminent domain proceedings to acquire the Easements burdening the Property. In return for a payment from Ci~ in the amount of $2,800, Owners axe w~11ing to grant the Easements to City in the form attached hereto as F. xhibit B, and to obtain the joinder of Josephine Cornelius in the Easements or obtain a deed from her extinguishing any interest she may have in the Property. Owners also agree that they have not incurred appraisal costs in this matter which the City would be obliged to reimburse. City plans to assess the Property for a portion of the Project cost but has not yet determined the amount of the assessment. City wishes to obtain the immediate right to enter the Easements, for work pursuant to the Project. NOW, TH3~REFORE, in consideration of the premises, their mutual promi~s and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Owners and City hereby agree as follows: 1. Chant of Ea{ements. Owners agree to execute the Easements in the form attached as Exhibit B__ before a notary public, to obtain the joindcr therein of :~oscphine Cornelius or otherwise record a deed extinguishing her interest in the Property, and to deliver the Easements to City MU200-124 -2328- ^u~-03-05 17:11 From-Kennedy & Graven +6123379310 T-673 P.OO?/OO8 F-Sgg in recordable fonu. Immediately upon execution and delivery of this Agreement and payment by City to Owners of $2,800, City may enter the Easements for work on the Project p~suant to this Agreement. Consideration. Upon (a) receipt of the'Easements in recordable form executed by OwnerS; and Co) joinder in the Easement by Josephine Cornelius or f'fling of a deed or other document extinguishing her interest in the Property, City agrees to issue a check payable to Owners in the amount of $2,800. Waiver. Owners hereby waive any and all damages which they may incur as a result of the granting of the Easements, including but not limited to interest and the fight to be reimbursed for appraisal fees in connection with the City's acquisition of the Easements. ~. This agreement is contingent upon the approval of the City Council of City. ff City Council does not approve this Agreement, neither party shall be bound by this Agreement, except that City may continue with the Project work within the Easements and the damages due to Owners shall be determined in the above captioned proceeding. CITY OF MOUND By: Its Mayor And by: Its City Manager ., 2005 Dated: ~ Charles E. Cornelius R$1.,.2657OOv2 MU200-12~ -2329- ^u~-03-05 1]':12 From-Kennedy & Graven +$123371tS10 T-$73 P,008/008 F-GSg Legal Des,cription of g¢~! Estate to be Enc,~mbered Lots 2, 3, 20 and 21, Block 3, Dreamwood Addition According to the map or plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. Abstract Property. PIN #13-117-24-12-0215 Said property is located at 1652 Dove Lane, Mound, Minnesota. Interests to be acquired: I. A perpetual easement for street and utility purposes over, under, across and through the following described property: Lots 2, 3, 20 and 21, Block 3, Drearnwooch Hennepin County, Minnesota. Said perpetual easement being that part of said Lots :20 and 21 lying westerly of the following described line: Beginning at a point on the southerly line of said Lot 20 distant 2.00 feet easterly of the southwesterly comer of said Lot 20; thence northerly to a point on the northerly line of said Lot 21 distant 5.00 feet easterly of the northwesmrly comer of said Lot 21 and there terminating. 2. A temporary easement for construction purposes, over, under, across and through the westerly 10.00 feet of said Lots 20 and 2I. Said temporary easement shall expire on December 1, 2005. Said temporary easement shall include the right to permanently change the grade of the temporary easement area and to remove herbage, foliage, shrubs, trees and other improvements therein, subject to the duty to restore permanent improvements, shrubs and turf to a finished appearance consistent with the City's approved plan for the Project). INTERF~TS BEING ENCU1VIBERED 'l I N~m¢ ~aarles E. Cornelius Fee Owner ~ o~ p~es ~own, toge~er wi~ ~o~ he~ or d~vls~s ~d spouses, Nature of Interest Any right, title or interest in the Subject Property M U~_00-].24 -2330- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 TO: Honorable Mayor and City Council FROM: Sarah Smith, Comm. Development Director DATE: August 2, 2005 SUBJECT: Final Plat- Villas on Lost Lake APPLICANT: Mound Harbor Renaissance, L.L.C. OWNER: City of Mound and Mound Harbor Renaissance LOCATION: 5377 Shoreline Drive and unassigned Shoreline Drive lands PARCELS: 13-117-24-34-0063 13-117-24-33-0069 13-117-24-34-0075 ZONING: Pedestrian Planned Unit Development District COMPREHENSIVE PLAN: Pedestrian District BACKGROUND The applicant, Mound Harbor Renaissance, LLC (MHR) has submitted the Final Plat for the Villas on Lost Lake, a residential / commercial redevelopment project proposed for the Lost Lake District. The residential project includes 37 townhomes and a 12,500 square feet building anticipated for retail / commercial office use(s). PREVIOUS APPROVALS The following approvals, generally associated with the project, have been undertaken in anticipation of the Lost Lake proposal: Sketch plan AUAR LMCD multiple dock license MCWD dredge permit DNR aquatics removal permit Comprehensive plan amendment Subdivision exemption Preliminary plat / CUP-PDA / rezoning / variance(s) Floodplain alteration /WCA plan /wetland permit September 2004 January 2005 February 2005 March 2005 April 2005 May 2005 May 2005 May 2005 June 2005 -1- -2331- Additionally, the Subdivision Agreement and Memorandum of Understanding for Public Docks have been included on the August 9~ Council agenda for formal action. Members of the Council are advised that copies of all previously approved resolutions for the project are on file at City Hall and available upon request. FINAL PLAT OVERVIEW The final plat organizes the property into the following lots and blocks: Lots 1-8, Block 1 Lots 1-12, Block 2 Lots 1-10, Block 3 Lots 1-9, Block 4 Outlot A Outlot B The residential blocks are divided into lots which would be individually held by owners. · Lot 1, Block 3 includes the commercial / retail property. Outlot A will be owned and maintained by an association. Outlot B will also be owned and maintained by an association and includes the former CSAH 15 right-of-way property. Drainage and utility easement(s), for public use, will encumber all of Outlot A and Outlot B. The plat boundary along the Lost Lake Greenway is generally offset (5) feet from the trail edge. This boundary will be used to determine the division of the development project and the City-owned land. The City will continue to own the Lost Lake Trail and Greenway land which separates the development from the ordinary high water mark (OHW) of Lake Minnetonka. REVIEW PROCESS The procedure for final plat review is outlined in City Ordinance Section 330:35. In general, the final plat must conform and/or be consistent with the preliminary plat and development plans and requires approval with the City Council. According to the City Code, review of the final plat by the Planning Commission is not required. 120-DAY TIMELINE FOR ACTION State statute requires approval and/or denial of subdivision applications within -2- -2332- 120-days unless an extension is granted. The Final Plat application was received and deemed to be complete on July 27~. CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were applicable City departments for review and comment. All received to date have been summarized below: forwarded to all written comments Public Works Supt. Skinner No comments. Parks Supt. Jim Fackler No objections. City Engineer Dehler Request verification regarding drainage and utilities easements from Staff. No additional issues. HKGI The Final Plat does not suggest any substantive changes from the approved Preliminary Plat. Minor survey issues regarding public access between the lots and plat name that were identified in the Preliminary Plat have been resolved with the Final Plat. City Attorney John Dean Comments provided to MHR previously. No further comments. Building Official No comments or objections. Comments from Building Official provided previously during Preliminary Plat and Development Plan review process. Police Chief Kurtz No objections. GENERAL COMMENTS Access to the property will be provided via two curb cuts along CSAH 15 and have been approved by Hennepin County. 2. The layout of the commercial / retail building was previously oriented -3- -2333- north / south but has been changed to east / west and will "front" Shoreline Drive. Staff is favorable and strongly supports this revision. The design layout of the townhouse clusters has shifted slightly since the preliminary plat. In general, the modified layout, while minor in nature, has improved view corridors as well as vehicular and pedestrian movement within the development. 4 A condition associated with the Preliminary Plat stated that the name of the Final Plat should be entitled "Mound Visions Lost Lake Addition." As submitted, the name of the Final Plat is proposed as '¥illas on Lost Lake" which has been deemed acceptable by Staff. o Members of the Council are advised that the issues raised during the preliminary plat and development plan review have been satisfactorily addressed by the developer and project team. 6. The former Maxwell property was recently purchased by MHR. The cooperative funding agreement with the MCWD for the innovative stormwater strategies for the project is being finalized and is referenced in the Subdivision Agreement for the project. Both MHR and the City of Mound are parties in the agreement. AGENCY REVIEW Copies of the request and all supporting materials were forwarded to all involved agencies for review and comment. No comments have been received. RECOMMENDATION Staff recommends City Council approval of the Final Plat for the '¥illas on Lost Lake" as submitted (subject to conditions.) A draft resolution for review and consideration by the Council has been prepared. -4- -2334- . CITY OF MOl. tHO 5341 Maywood Road, Mound, MN 5364 Phone 952.472-0600 FAX 952.472-0620 Planning Commission Date City Council Date MAJOR SUBDIVISION APPLICATION Case No. FEES MUST BE SUBMITTED WITH APPLICATION. CHECK TYPE OF APPLICATION FEE BOX SKETCH PLAN REVIEW $350* PRELIMINARY PLAT $350+$15 per lot * ~/// FINAL PLAT per $350+$15 lot CONDITIONAL USE PERMIT/PDA $350 * ESCROW DEPOSIT $5,000 * VARIANCE $200 * TOTAL $ * CALL THE MOUND PLANNING DEPARTMENT TO CONFIRM CURRENT FEES. PLEASE PRINT OR TYPE. PROPERTY SubjectAddress~ (,. ~,,~"~. ,-~ /'_5'.bA-~ ~"'_ tJe;t'~ ,'T~ ~ I_/~.~ INFO Name of Proposed Plat ~ ~ ~t~ D~ ~O$~ ~~... EXISTING Lot B'o~ Subdivision LEGAL o~~ DESCRIPTION PI~ t) ~ ~ ~ Z APPLICANT The appli~nt is: ~er ~he~ ~ .o.e.om OWNER ~ (if other than Add~ applioant) Phone Home Wo~ Fax ENGINEER Address . _ _ Phone Home Wo~ ~'/~ ~ ~O~ Fax Major Subdivision Information (8/3/2005) Page 4 of 5 -2335- EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $, RESIDENTIAL DEVELOPMENTS: Number of Structures: ~'-~ Lot Area Per Dwelling Unit~._/.~3~ sq. ft. Number of Dwelling Units/Structure: Total Lot Area: ft. Has an applic~ion ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? (~,~)'yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Application must be signed by all owners of the subject property, or explanation given why this is not the case. such notices as may be required by law. I certify that all of the statements above and statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the information provided (including Section 330 of the Mound City Ordinance) and that I am responsible for all costs incurred by the City related to the processing of this application, I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing Print Applicant's Name Print Owner's Name /~'pplicant's Signature ~. O~er's Signature~ Print Owner's Name Owner's Signature Date MajOr Subdivision Information (8/3/2005) Page 5 of 5 -2336- DRAFT CITY OF MOUND RESOLUTION # 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING FINAL PLAT APPROVAL FOR THE VILLAS ON LOST LAKE PLANNING CASE #05-__ PID # PID # PID # 3-117-24-34-0063 3-117-24-33-0069 3-117-24-34-0075 WHEREAS, the applicant, Mound Harbor Renaissance LLC, has submitted a Final Plat application for a mixed-use development project called Villas on Lost Lake to include (37) townhomes and a 12,500 SF commercial / retail building in the manner required for platting of land under the Mound City Code Chapter 330.00 and under Chapter 462 of the Minnesota State Statue and all proceedings have been duly conducted there under; and WHEREAS, the proposed development includes 3.64 acres of land to be subdivided as follows: Lots 1-8, Block 1 Lots 1-12, Block 2 Lots 1-10, Block 3 Lots 1-9, Block 4 Outlot A Outlot B WHEREAS, public docks to serve the development will be constructed in the Spring of 2006 after dredging of Lost Lake is completed. The docks and dredge are not part of the current project approvals and were approved through previous actions by the Minnehaha Creek Watershed District (MCWD), Department of Natural Resources (DNR) and Lake Minnetonka Conservation District (LMCD; and -2337- WHEREAS, the Final Plat for the submittal for the Villas on Lost Lake represents the first of a three phased project proposed by MHR for downtown Mound; and WHEREAS, an Alternate Urban Areawide Review (AUAR), as authorized under Minnesota Rules Chapter 4410.3610.3610 as an alternative form of environmental review for development projects, was prepared for the downtown redevelopment area including the Lost Lake, Auditor's Road and Lake Langdon Districts; and WHEREAS, the Mound Visions AUAR was approved by the Mound City Council on January 25, 2005; and WHEREAS, the proposal, as submitted, is consistent with the Mound Visions Concept Plan which guides redevelopment for the City's redevelopment districts, including Lost Lake, and focuses on recreating the historic Lake Minnetonka resort architectural character, improving pedestrian and vehicular connections, providing a mixture of housing types and business opportunities, creating connections with the lake and designing for sustainability; and WHEREAS, the site is conducive to residential and commercial development as proposed; and WHEREAS, surrounding development consists of commercial and public use and the proposed use(s) is consistent with existing land use(s); and WHEREAS, the site is zoned Pedestrian Planned Development Area as set forth in Mound City Code Chapter 350.651 which prescribes standards for setbacks from the Ordinary High Water Line (OHW), building height, and impervious surface coverage. All other bulk requirements apply as regulated by City Code Chaper 350.651 Subd. 6, 7 and 8 and as identified in the Development Plan submittals approved by PDA-CUP in Resolution #05-81 shall be applicable to the Final Plat in all aspects; and WHEREAS, the proposed development of the property is consistent with the Pedestrian District provisions in the land use plan; and WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated and the proposed subdivision is consistent with the Comprehensive Plan and existing land uses in the area; and WHEREAS, site and development related issues including, but not limited to, shoreland management, wetlands, surface water, traffic/access, trails/open space and utilities were addressed during the Preliminary Plat and Development Plan review and received approval from the City of Mound; and WHEREAS, a public trail, the Lost Lake Greenway, abuts the subject property on the southwest side and provides a strong pedestrian connection to other areas in the community, including but not limited to, the new downtown area(s); and 2 -2338- WHEREAS, the plat boUndary along the Lost Lake Greenway is generally offset (5) feet from the trail edge. This boundary will be used to determine the division of the development project and the City-owned land; and WHEREAS, the Planning Commission, on May 23, 2005, held a public hearing pursuant to Section 330:00 and Section 350:460 of the Mound City Code of Ordinances, to review the proposed Preliminary Plat, Planned Development Area- Conditional Use Permit (PDA- CUP) and Variances and were recommended for approval, subject to conditions; and WHEREAS, the City Council held a public hearing pursuant to Mound City Code of Ordinances on May 31, 2005, to review the proposed Preliminary Plat, Planned Development Area - Conditional Use Permit (PDA-CUP) and Variances. The City Council approved the Preliminary Plat by the adoption of Resolution # 05-81 and approved the PDA-CUP and Variances by the adoption of Resolution #05-80. The site and development conditions contained in Resolution #05-81 and Resolution # 05-80 are hereby referenced in this Resolution and applicable to the provisions contained within the Final Plat; and WHEREAS, permits for floodplain and wetland alteration pursuant to the Mound City Code and state statute have been received for the project; and WHEREAS, the City Council has studied the practicability of the Final Plat taking into consideration the requirements of the City, giving particular attention to the lot arrangement, their relation to topography, wetlands, water supply, sewage disposal, drainage, the present development of adjoining lands and the requirements of the Zoning Ordinance and other official controls; and WHEREAS, said Final Plat is in all respects consistent with the Preliminary Plat, the City Comprehensive Plan, and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Ao Final Plat approval subject to compliance with the following requirements and conditions: The final plat drawing labeled as Exhibit A is hereby incorporated into this Resolution and all improvements shall be as shown on the plans or as modified under the approval of the City Engineer. The Final Plat shall be recorded by the developer with the County Recorder or the Registrar of Titles within 60 days of its approval or shall become null and void as provided by Mound City Code Section 330.35. 3 -2339- o 10. 11. 12. 13. The City Attorney shall examine title to the property and shall render a title opinion to the City showing the ownership of the property by the developer and other signatories of the plat prior to the release of the Final Plat The City Attorney shall review and approve the homeowner's association documents. Payment of park dedication fees prior to the release of the Resolution(s). The Subdivision Agreement for the project shall be executed prior to the release of the Resolution(s). The applicant shall enter into a Stormwater Funding Agreement with the City of Mound and the MCWD. The applicant shall be responsible for the installation of private utilities. The utilities shall not be installed until the boulevard or utility easements have been graded and the grade elevations are approved by the City Engineer. The applicant shall secure and provide copies to the City's Building Official of all reviews and required permits from the Minnesota Department of Health and the Minnesota Pollution Control Agency, or any other applicable permits, prior to beginning construction. The Building Official will not authorize construction until permits are secured. Prior to any occupancy the applicant shall secure Certificates of Occupancy from the Building Official. Certificates will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Public Works Director, and Building Official or as provided for in the Subdivision Agreement. The applicant will reimburse the City for legal, engineering and planning costs incurred for review and approval of this plat including the review and preparation of all documents provided for in connection with review and approval of this plat. The applicant recognizes the conditions contained in Resolution #05-81 pertaining to the Preliminary Plat and Resolution #05-80 pertaining to development standards for the project as approved by the Planned Development Area - Conditional Use Permit (PDA-CUP) and Variances. The private streets shall be named "Lost Lake Court" for the north / south road and the "Lost Lake Lane" for the east / west road. -2340- BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statute Chapter 462 and the City of Mound Code of Ordinances. Adopted by the City Council this 9th day of August, 2005 Mayor Pat Meisel Attest: Bonnie Rifler, City Clerk 5 -2341 - EXHIBIT A Part of the Southwest ¼ of the Southwest ¼ and part of the Southeast ¼ of the Southwest ¼ of Section 13, Township 117, Range 24, Hennepin County, Minnesota described as commencing at the Southwest corner of said Section 13; thence on an assumed bearing North 03010'09'' East, 681.85 feet along the West line of said Section 13; thence South 86°49'51'' East, 999.88 feet to the POINT OF BEGINNING; thence North 18°39'50'' East, 16.55 feet to the Southerly Right-of-Way (R/VV) line of H.C.S.A.H. #15 (per plat #68); thence along the Southerly boundary of said plat the following 5 calls: 1 ) 328.86 feet along the arc of a 1450.37 feet radius curve to the right, having a delta angle of 12°59'29"; 2) North 20o08'05'' East, 0.60 feet; 3) South 70o14'02'' East, 16.00 feet to the West 1/16 line of said Section 13; 4) South 70° 14'02" East, 203.08 feet; 5) Southeasterly, 82.96 feet along the arc of a 639.81 foot radius curve to the left, having a delta angle of 07025'44" to the Westerly line of the East 225.00 feet of Block 4, Shirley Hills Unit F; thence South 02o35'49'' West, 210.64 feet along the Westerly line of said East 225.00 feet to the Northerly line of the South 300.00 feet of said block 4; thence North 87o19'32" West, 276.65 feet along the Northerly line of said South 300.00 feet to the West 1/16 line of said Section 13; thence South 02°59'28'' West, 63.08 feet along said 1/16 line; thence North 68°53'11" West, 160.48 feet; thence North 84024'23" West, 76.03 feet, thence North 58°11 '48" West, 68.68 feet; thence North 29o22'55" West, 48.93 feet; thence North 02°02'19" East, 66.23 feet; thence North 04o50'44" West, 65.06 feet; thence North 39042'59" West, 14.26 feet; thence North 28°42'33'' West, 45.52 feet; thence North 18°39'50" East, 99.90 feet to the POINT OF BEGINNING. Parcel contains 4.208 Acres and is subject to the Right-of- Way of H.C.S.A.H. No. 15, per Torrens Certificate of Title No. 860787. -2342- CZ. : 2343 ""'~'~ I I I ~ / I i I I I I I I I ,i I I I / / / I I / I I I I I I I I I I I I I -2344- iil i -2345- II COMBINED TIMELINES FOR LOST LAKE TRANSFER OF CITY PROPERTY, SITE DEVELOPMENT, AND CONSTRUCTION OF TOWNHOMES BY MOUND HARBOR RENAISSANCE DEVELOPMENT, LLC AND BRENSHELL TOWNHOMES, LLC REVISED AS OF AUGUST 1, 2005 DATE ACTION June/July 2005 JUNE/JULY 2005 PAST DUE ITEMS NOTED BELOW June 1, 2005 City/MCWD/MHR complete innovative strategies cooperative agreement. IN PROCESS June 15, 2005 City completes final letter to DNR for variance specifics. July 1, 2005 MCWD/DNR select 2.8 acre dredge wetland mitigation area. IN PROCESS July(?). ,2005 City reviews cleanup progress after first $1M of cleanup costs - incurred (RA, Sec. 4.10(e)(4)) IST REVIEW 8/8-8115 AUGUST 2005 August 3, 2005 MHR completes definition of Phase I and Phase 2 Development Construction Plans. Complete August 5, 2005 MHR submits plans to small utilities. Complete August 5, 2005 MHR meets with General Contractor to deliver const, plans and define work scope. Complete August 9, 2005 City Council review and approval of Final Plat and Lost Lake Developer's Agreement August 15, 2005 MPCA (Amy/Mark) site visit to assess progress and RAP implementation August 29, 2005 MHI:~D files/records F Plat and associated documents (T/H Assn. Documents) August 29, 2005 City completes lot addressing (Plat site plan exhibit with private street names) SEPTEMBER 2005 Sept. 1, 2005 Deadline for completion of dump cleanup (RA, Sec. 4.10(e)(2)) Sept. 2, 2005 Closing of conveyance of City/HRA Lost Lake parcels to MHR (RA, Sec. ) -2346- Sept. 3, 2005 MHR begins construction of Lost Lake Minimum Improvements (PA, Sec. 6.7(a)(1)) Sept 9, 2005 MPCA final site visit prior to Barr RAP implementation report Sept 22, 2005 Challenge period to City TIF District ends Sept 23, 2005 City contractor completes dump remediation, based on 45 workdays. Sept 23, 2005 Development Phase 1, Pre-const.meeting Sept 26, 2005 Barr completes RAP implementation report, provides affected property legals for areas remediated, and requests VIC Certificate of Completion and Brownfield File Closure Letter( HAND DELIVER TO MPCA WITH BRIEFING) Sept 30, 2005 MPCA issues Certificate of Completion letters as requested in the RAP for the legals of those land areas remediated, separate letters issued by Brownfield group for petroleum site. OCTOBER 2005 Oct 3, 2005 City transfers Lost Lake land to MHRD Oct 3, 2005 T/H plans complete, building permits submitted. Oct 4, 2005 Development construction begins, 1st Phase. Oct 21, 2005 Development construction completes, 1st Phase Oct 24-31, 2005 Small utilities complete, 1st Phase Oct 31, 2005 City off-site greenway plans complete. Oct 31, 2005 City prepares dredge specs and selects dredge contractor · City obtains dredge permits Oct 31,2005 City meets with local snowmobile club to define acceptable path to SA Oct 3t, 2005 MHR completes pool spec and requests license NOVEMBER 2005 Nov 1st, 2005 Lost Lake Townhome construction begins, ground breaking ceremony at site of first model ( City/MHRD/Brenshell Townhomes) DECEMBER 2005 I QTR 2006 Jan/Feb 2006 City contractor completes dredge, Landform validates area and slopes Feb/Mar 2006 · MHR completes dock specs, City reviews, MHR selects contractor 2 QTR 2006 -2347- May 1, 2006 Development construction begins, Phase 2 May/June 2006 MHR contractor completes two dock feeders and slips as required to support the T/H population; City accepts docks built to date June 2006 City dredge contractor completes re-vegetation June 30, 2006 Development construction completes, Phase 2 Other items/notes: 1) City approves final plat/Phase I park dedication fee due. 2) City has 4 conditions to complete on DNR dredge vadance action; requires written City response to DNR. 3) City has multiple conditions to meet for MCWD permit. 4) Projected CSAH 15 completion date is mid-July 2005(less wear course). Milestones per Re-Development Agreement Platting and Developer Agreement schedule Dump remediation and correction schedule Dredge and Re-Vegetation schedule Dock schedule Townhome Construction schedule -2348- DRAFT 8/04/05 SUBDIVISION AGREEMENT VILLAS ON LOST LAKE AGREEMENT is dated as of the __ day of ,2005, by and between the City of Mound, a Minnesota municipal corporation, (the "City"), and Mound Harbor Renaissance Development, LLC, a Minnesota limited liability company, (the "Developer"). Request for Plat Approval,. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Villas on Lost Lake, which land is legally described on Exhibit "A", attached hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property"). e Plat Approval-Related Documents. The City has approved the final plat via Resolution #05-__, attached as Exhibit "B-I"; preliminary plat via Resolution #05- , attached as Exhibit "B-2"; numerous other approvals, permits and licenses necessary for the construction and operation contemplated in the Development Plan have been obtained. Those approvals, permits and licenses are described in Exhibit C, and are on file in the office of the Mound City Clerk. e Effect of Subdivision Approval. For two years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved preliminary plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. Development Plan. The Subject Property will be developed in accordance with the Overall Site Plan, approved copies of which are on file with the City. If the plan vary from the written terms of this Agreement, the written terms shall control. The plan is identified as sheet C2.1 of the Construction Documents Dated 7/25/05: On-Site Improvements. The Developer shall pay for and install or cause to be installed, the following improvements to be installed within the boundaries of the Subject Property in accordance with plans reviewed and approved by the City and shown on the referenced plan sheets on file with the City (references are to the Construction Documents dated 7/25/05 unless otherwise indicated): Sanitary sewer-C4.1, C4.2 Water Storm sewer-C4.1, C4.2 JBD-261802v8 MU195-15 -2349- e Do E. F. G. Streets - private-C2.1 Sidewalks and trails-C2.1 Street lights and site lighting Landscaping, including plantings, seeding and installation of landscape irrigation systems-L2.1 Site grading-C3.1, C3.2 Stormwater treatment facilities which include rain gardens, dry creek beds and wetlands-C3.1, C3.2, L2.1 (Hereinafter referred to as the "On-Site Improvements") And other items as necessary to complete the development as stipulated herein. The locations of the On-Site Improvements are as shown on the referenced plan sheets are on file and of record in the office of the City Clerk. A listed On-Site Improvement for which no plan sheet is identified will be subject to review and approval by the Public Works Director. None of the On-Site Improvements will be constructed until the City has reviewed and approved the plans and specifications which review shall be consistent with standard city practices. The On-Site Improvements described in 5 I above will be constructed in accordance with the terms of an agreement (the "Funding Agreement") to be entered into by and between the City, the Developer and the Minnehaha Creek Watershed District ("MCWD"). The extent that the plans contained in the Funding Agreement are in conflict with the plans described in 5 I, the plans in the Funding Agreement control. Time of Performance. Subject to the City completing on or before ., the work described in paragraph 4.10 of the Contract for Private Redevelopment between the Housing and Redevelopment Authority in and for the City of Mound, Minnesota, and the Developer, the Developer shall install, or cause to be installed, the On-Site Improvements, enumerated in Paragraph 5 by not later than December 31, 2007 subject to weather. The Developer may, however, request additional time to complete from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Off-Site Area Public Improvements. The following improvements, which benefit and serve the Subject Property, and other properties are to be built in the area as shown on the attached Exhibit A (the "Off-Site Area") (references are to Construction Documents dated 7/25/05, unless otherwise indicated): mo Greenway Trail and Appurtenances-C2.1 Docks and related facilities- Dredge - JBD-261802v6 MU195-15 -2350- Stormwater treatment facilities, including rain gardens, dry creek beds, and wetlands-C4.1, C4.2, L2.1 Greenway Trail Grading and Erosion Control-C3.1, C3.2 (Hereinafter referred to as "Off-Site Area Public Improvements") The Off-Site Improvements described in 7 D above will be constructed in accordance with the terms of an agreement (the "Funding Agreement") to be entered into by and between the City, the Developer and the Mirmehaha Creek Watershed District ("MCWD"). The extent that the plans contained in the Funding Agreement are in conflict with the plans described in 7 D, the plans in the Funding Agreement control. The Off-Site Public Improvements 7A, 7B, 7D and 7E will be constructed by Developer in accordance with plans and specifications reviewed and approved by the City, and in accordance with the procedures approved by the City. Off-Site Public Improvements described in 7C above will be constructed by the City. Off-Site Public Improvements 7B, 7C, 7D and 7E will be paid for by the Developer, subject to the Developer's fight to repayment of the Developer and City reimbursements under the Funding Agreement with MCWD as to 7D. Off-Site Public Improvements described in 7A will be paid for by the City. During construction of the 7A Off-Site Public Improvements, the City shall be allowed to make inspections, and to make field decisions. Prior to acceptance of the Off- Site Public Improvements constructed by the Developer, the Developer's engineer will certify to the City that the Off-Site Public Improvements have been constructed in accordance with the approved plans and specifications. 8. Public Infrastructure Improvements. The following Public Infrastructure Improvements will be constructed by the City, or other governmental authority having jurisdiction over such project: County Road 15 Streetscape (as shown on Exhibit D) County Road 15 Curb and Gutter (as shown on Exhibit D) Construction will be in accordance with the plans and specifications reviewed by the Developer. The Developer agrees to be assessed for the cost of construction of such Public Infrastructure Improvements, and agrees to execute the Petition and Waiver Agreement in substantially the form of the attached Exhibit F, waiving the right to challenge assessments for such Infrastructure Public Improvements up to $85,000. Security for Cost of Developer Installed Improvements. To guarantee compliance with the terms of this Agreement relating to the installation of and payment for the improvements listed in the following schedule, the Developer shall deposit in a recognized lending institution funds and execute and deliver to the City a Disbursement JBD-261802v6 MU195-15 -2351 - Agreement covering said funds ("Security") in the amount of $1,303,750 which is 125% of the estimated cost of the relevant Improvements. The amount of the security was calculated as follows: Improvement Cost 125% Dredge (7 C) $425,000 $531,250 Docks and related facilities (7 B) $450,000 $562,500 Stormwater Treatment Facilities (7 D) [125% of City and $18,000 $22,500 Developer costs not reimbursable from MCWD] Wetland Replacement Required $150,000 $187,500 by DNR for Dredge Total $1,043,000 $1,303,750 The form of the Disbursement Agreement shall be generally in the form of the draft attached as Exhibit __ and shall be subject to the approval of the City Attorney. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developer's default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within ten business days of receiving notice; the City may draw on the Security. With City approval the Security may be reduced from time to time as financial obligations are paid and the Improvements are completed to the City's requirements. No work shall be commenced under this Agreement until the funds have been deposited and the Disbursement Agreement has been executed and delivered to the City. 10. Grading Plan / Site Grading. Site grading shall be completed by the developer at its cost and approved by the City Engineer. The completion of grading activities will need to be coordinated by the City in conjunction with the clean up of the former city dump by the City and the construction of any Public Infrastructure Improvements to be installed by the City. Developer shall furnish the City with a certification that the site grading is completed in accordance with the approved plans and specifications. If the installation of public utilities, or dump clean-up is occurring simultaneously to the grading, such activities shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All improvements to the Subject Property and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. 11. License. Each party hereby grants to the other, its agents, employees, officers and contractors a license to enter the Subject Property or the Off-Site Area to perform all the improvements contemplated under this Agreement and all work and inspections legally required by the City during the City Dump clean up. Each party, as grantee of such license hereby indemnifies and agrees to defend and hold harmless the other party as grantor from any claims or causes occasioned by or arising out of said grantees activities pursuant to the license. JBD-261802v6 MU195-15 -2352- 12. 13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the Developer shall comply with all erosion control measures required by the City and the Minnehaha Creek Watershed District permit. The City will meet all such requirements prior to commencement of dump clean-up activities. Erosion Control measures in place at the conclusion of the City's dump clean-up activities will be left in place if requested by the Developer. Landscaping. The Developer shall irrigate, grade and install sod or seed and landscape plantings, and landscape the Subject Property in accordance with the Landscape Plan, as referenced in paragraph 5 G above, and specifications on file with the City. The City may refuse to issue a certificate of occupancy for the last units until all landscape work has been completed; provided that the City will not refuse to issue the certificate of occupancy if the Developer: (i) posts an irrevocable letter of credit in the amount of 150% of the estimated cost to complete the remaining landscaping; and (ii) provides the City with suitable instruments to allow it to enter onto the Subject Property to complete the remaining landscaping, and to draw on the letter of credit to cover all associated costs. 14. 15. 16. 17. [Blankl Maintenance. The City shall be responsible for maintaining all park and trail improvements following construction and acceptance. The City and the Developer will enter into a Dock and Dock Facility Memorandum of Understanding in substantially the form of the attached Exhibit E at the time the Dock and Dock Facilities are accepted by the City. The Developer will be responsible for maintaining the Stormwater treatment facilities, except for wetland ponds # 1 and #2 which shall be maintained by the City. Clean up. The Developer shall clean streets of dirt and debris that has resulted from erosion, siltation or construction work by the Developer, its agents or assigns. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After 24 hours verbal notice to the Developer, the City Public Works Director, or designee, will complete or contract to complete the clean up at the Developer's expense in accordance with the procedures specified in Paragraph 12. The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas of erosion/siltation and restore to the original condition at the end of construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the security as described in Paragraph 9. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, those improvements designated in this Agreement as Off-Site Public Improvements and Public Infrastructure Improvements will JBD-261802v6 MU195-15 -2353- 18. become City property without further notice or action. All other improvements required to be constructed under this Agreement will be the property of the Developer. Warranty. The Developer warrants all work required to be performed by it against defective material and faulty workmanship for a period of two years after its completion and acceptance by the City. All trees and grass shall be warranted to be alive, of good quality and disease free for two years after planting. 19. Responsibility for Costs. Except as otherwise specified herein, the Developer shall pay all costs and charges imposed in conjunction with the development of the Subject Property by the Soil and Water Conservation District, and the Minnehaha Creek Watershed District. In addition, the Developer will reimburse the City for all third party legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the subdivision and the plat, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subject Property. Developer will pay all accrued but unpaid costs, charges and expenses at the time of execution of this agreement. Estimated future costs are described in paragraph C below. Except as to the negligence, bad faith or the intentional torts of the City, the Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. The provisions of this subparagraph ii shall not be construed as limiting, in any way the right of the Developer to commence and prosecute actions against the City for breach of this Agreement. Co The Developer shall reimburse the City for pre-agreement costs incurred for the preparation of this Agreement (and not included in the amounts described in paragraph A above), for costs incurred in the enforcement of this Agreement, including engineering, planning and attorney's fees. The Developer shall deposit with the City at the time this Agreement is signed an escrow deposit of $15,000. Such amount is the estimated amount of such costs. The deposit will be security for Developer's obligation under this subparagraph C, and the City may apply the escrow to the payment of all costs covered by this paragraph. In the event that the amount of the deposit is reduced below $5,000, the Developer will have five business days following written notice of such to make a sufficient additional deposit to return the balance to at least $5,000. Any unused portion of the escrow will be returned to the Developer within 15 business days after the issuance of the final certificate of occupancy for the Development. JBD-261802v6 MU195-15 -2354- Do The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per year. 20. The Developer, or the builder in the case of subparagraph A below, shall pay the following connection and availability charges at the time a building permit is issued: Metropolitan Council Environmental Services Availability Charges per SAC unit. (Less and credits available to the Subject property, estimated by MCES to be four). If building permits are issued before the actual charge is determined, the Developer will deposit with the City $1150/unit in the building for which the permit is requested. If the actual charge is less than the deposit, the difference will be promptly refunded to the Developer. B. Water Connection Charge per unit (waived*). C. Sewer Connection charges per unit (waived*). D. Trunk Area Water Charge (waived*) (* The waivers to items B, C and D are made as an inducement to cause the Developer to undertake the development ) 21. Occupancy Permits. In addition to the other requirements for the issuance of an occupancy permit, unless otherwise authorized in writing by the Public Works Director, no occupancy permits shall be issued until (as to the unit to which the permit relates): A. the site grading is completed and approved by the City; all utilities serving the unit are tested and approved by the City, and have been placed in service; C. all street curbing for streets serving the unit are installed and backfilled; the first lift of bituminous for the street serving the unit is in place and approved by the City; except that certificates of occupancy for up to two model units will be issued if aggregate, or other surface acceptable to the Public Works Director, is in place on the street serving the model unit; and E. all building permit fees for the unit have been paid in full. 22. Assessment for Certain Improvements. The Developer desires to have the Right-of - Way Public Improvements constructed to serve the Subject property. The Right-of-Way JBD-261802v6 MU195-15 -2355- Public Improvements include, without limitation, the improvements listed as such in Section 8 of this Agreement. As an inducement to the City's agreement to construct the Right-of-Way Public Improvements, the Developer agrees to execute and deliver to the City not later that 30 days following the execution of this agreement, a Petition and Waiver Agreement in substantially the form of the attached Exhibit F. Upon receipt of the Petition and Waiver Agreement executed by Developer, and upon receipt of an opinion of counsel that the City has the authority to enter into the Petition and Waiver Agreement, the City will approve and execute the same. 23. Providin~ for Current Services. The Developer acknowledges that the City intends to provide for current services in accordance with the provisions of Minnesota Statutes, Section 429.101, and to annually assess properties for the cost of those services performed within such district which are not available elsewhere in the City and are over and above the type, or the level of services funded by the general fund of the City, including, but not limited to landscape repair and maintenance, irrigation, snow and ice removal, sidewalk cleaning, repair and maintenance of streetscape, sidewalks, lighting and rubbish removal. The City estimates that the amount of an annual assessment that might be levied against the Subject Property would be in the range of $2,500-$4,000 annually. The Developer supports the concept of a special service district in accordance with Minnesota Statutes, Chapter 428A, and agrees to the annual imposition of fair and equitable assessments for current services on the Subject Property during years that it is owned by it. 24. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall, upon written notice from the City, promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, which notice shall be of sufficient length to allow the Developer to complete the necessary corrective action, but in any event not less than two days in advance (except in an emergency) and the Developer fails to correct the item of default within this time period. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. 25. Miscellaneous. Ao The Developer represents to the City that the proposed development of the Subject Property, and the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision or the plat or the development of the Subject Property do not so comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. JBD-261802v6 MU195-15 -2356- Bo Go Third parties have no recourse against the City or the Developer under this Agreement. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. This Agreement shall mn with the land and may be recorded against the title to the property. The Developer shall be responsible for recording this agreement or a memorandum of same, and take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Contract and is approved by the City, at the Developer's request, the City will execute and deliver to the Developer a release. As the Developer sells individual lots to individual third party buyers, the City Manager is authorized to execute releases of individual lots from the terms of this Agreement, but said individual lot releases shall not in any way release the Developer from any of its obligations hereunder. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The Developer may not assign this Agreement without the written permission of the City Council, which permission will not be unreasonably withheld, and will be given in all instances in which the proposed assignee is owned or controlled by the Developer; or when the assignee demonstrates a capability to complete the development at least equal to the Developer. Such assignment will not relieve the Developer of its obligations hereunder unless the assignee executes an agreement with the City undertaking all of the obligations of the Developer and agreeing to be bound by all of the provisions of this agreement that are binding on the Developer. JBD-261802v6 MU195-15 -2357- 26. 27. 28. No building permits will be issued until the Homeowner's Association documents have been reviewed and approved by the City. Park Dedication Fee. At the time the Plat is delivered to the Developer for recording, the Developer will pay to the City, as and for the parkland dedication fee the amount of $46,600. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Mound Harbor Renaissance Development, LLC 1521 94th Lane NE Minneapolis, MN 55449 Attn: David Newman, Chief Manager With copies to: Thomas A. Stokes 4052 Oakland Street St. Bonifacius, MN 55375 Plum Investment Company 700 East Lake Street, Suite 201 Wayzata, MN 55391 Attention: Peter Pflaum, President and Chief Financial Officer Key Investment, Inc. 225 6th Street, Suite 5200 Minneapolis, MN 55402 Attention: Jerry Paquin, Chief Operating Officer Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Kandis M. Hanson, City Manager Mound City Hall 5341 Maywood Road Mound, Minnesota 55364. JBD-261802v6 MU195-15 10 -2358- IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF MOUND By: By: Pat Meisel, Mayor Kandis Hanson, City Manager MOUND HARBOR RENAISSANCE DEVELOPMENT, LLC. By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005, by Pat Meisel, Mayor, and Kandis Hanson, City Manager, of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public JBD-261802v6 11 MU195-15 -2359- STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by ., and , a ., on behalf of the said Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by , and , a , on behalf of the said Notary Public Drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 JBD-261802v6 MU195-15 12 -2360- Exhibit "A" - Legal Description of Subject Property Part of the Southwest ¼ of the Southwest ¼ and part of the Southeast ¼ of the Southwest ¼ of Section 13, Township 117, Range 24, Hennepin County, Minnesota described as commencing at the Southwest comer of said Section 13; thence on an assumed bearing North 03°10'09" East, 681.85 feet along the West line of said Section 13; thence South 86°49'51" East, 999.88 feet to the POINT OF BEGINNING; thence North 18°39'50'' East, 16.55 feet to the Southerly Right-of-Way (R/W) line of H.C.S.A.H. #15 (per plat #68); thence along the Southerly boundary of said plat the following 5 calls: 1) 328.86 feet along the arc of a 1450.37 feet radius curve to the right, having a delta angle of 12°59'29"; 2) North 20008'05" East, 0.60 feet; 3) South 70°14'02'' East, 16.00 feet to the West 1/16 line of said Section 13; 4) South 70014'02" East, 203.08 feet; 5) Southeasterly, 82.96 feet along the arc of a 639.81 foot radius curve to the left, having a delta angle of 07025'44" to the Westerly line of the East 225.00 feet of Block 4, Shirley Hills Unit F; thence South 02°35'49" West, 210.64 feet along the Westerly line of said East 225.00 feet to the Northerly line of the South 300.00 feet of said block 4; thence North 87°19'32" West, 276.65 feet along the Northerly line of said South 300.00 feet to the West 1/16 line of said Section 13; thence South 02059'28" West, 63.08 feet along said 1/16 line; thence North 68°53'11" West, 160.48 feet; thence North 84°24'23" West, 76.03 feet, thence North 58011'48" West, 68.68 feet; thence North 29022'55" West, 48.93 feet; thence North 02°02'19" East, 66.23 feet; thence North 04050'44" West, 65.06 feet; thence North 39042'59" West, 14.26 feet; thence North 28042'33" West, 45.52 feet; thence North 18039'50" East, 99.90 feet to the POINT OF BEGINNING. Parcel contains 4.208 Acres and is subject to the Right-of-Way of H.C.S.A.H. No. 15, per Torrens Certificate of Title No. 860787. JBD-261802v6 MU195-15 A-1 -2361 - Exhibit "B-I" -Resolution # ReSolution Approving Final Plat JBD-261802v6 MU195-15 B-1 -2362- Exhibit "B-2"--Resolution No. Resolution Approving Preliminary Plat JBD-261802v6 MU195-15 C-1 -2363- Exhibit "C" Related Approvals, Licenses and Permits JBD-261802v6 MU195-15 C-2 -2364- Exhibit "D" Public Infrastructure Improvements. ect to Modification to add second curb cut as approved by Hennepin County) ri1 Z -i 0 Z JBD-261802v6 MU195-15 D-1 -2365- Exhibit "E" Memorandum of Understanding MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM is made of the day of ., 2005 by and between the City of Mound, a Minnesota municipal corporation (the "City") and Mound Harbor Renaissance Development, LLC ("MHR") BACKGROUND 1. MHR is developing a tract of land legally described in the attached Exhibit A as "Site". A portion of the land described in Exhibit A will be utilized for residential purposes, and is described in Exhibit A as "Residential Portion". 3. The Residential Portion will consist of approximately 37 owner-occupied residences. The Residential Portion will be governed by a homeowners association and subject to certain organizational documents, including without limitation, a declaration and the bylaws of the association. Adjacent to the Site is a tract of land owned by the City and depicted on the attached Exhibit B. (City Land). The City has obtained approval from the Minnehaha Creek Watershed District and the Minnesota Department of Natural Resources to dredge a portion of the City Land, and from the Lake Minnetonka Conservation District to locate within the dredge area 37 boat slips which will be operated as part of the City's dock program in accordance with section __ of the Mound Ordinance Code; and MHR has reimbursed the City for the expenses incurred in obtaining these approvals. Operation will also be subject to the special requirements contained in those approvals. Copies of the resolutions of approval are attached hereto as Exhibit C. MHR and the City have entered into a separate document entitled Subdivision Agreement setting forth the rights and responsibilities of the parties with respect to the Site and the City Land. o In the Subdivision Agreement, the City is obligated to undertake to completion the dredge operation all in conformity with the previously obtained approvals; and MHR is obligated to reimburse the City for the cost of the dredge operation. In the Subdivision Agreement, MHR is obligated at its expense to construct the 37-slip dock facility and related appurtenances all in accordance with plans and specifications JBD-261802v7 MU195-15 E-1 -2366- 10. 11. o o o approved by the City; and upon completion mm the dock facility and related appurtenances over to the City which will then be made part of the City's dock program. Because of the major expenditures that MHR has already made seeking approvals for the dredge and docks, and will be making in the dredge operation and in the construction of the docks, and because of the significant importance of the 37-slip dock facility to the economic feasibility of the Residential Portion, MHR has requested that the City enter into this Memorandum of Understanding setting forth the roles and responsibilities of the parties in the use, operation and maintenance of the dock facility in the future. Because of the importance of the 37-slip dock facility to the City's dock program, and the need for an understanding regarding the ongoing use, operation and maintenance of the facility, the City is likewise interested in this Memorandum of Understanding. UNDERSTANDINGS The provisions contained in the Subdivision Agreement regarding the dredge and the construction of the 37-slip dock facility and related improvements are incorporated at this point and made a part if this document. Upon completion of the dock facility, and acceptance by the City, the dock facility will become a part of the City dock program and administered and regulated by the provisions of the City Code pertaining to such facilities, together with any limitations and conditions imposed on such use and operation by the resolutions contained in Exhibit C.. In applying the provisions of the Code, the City has determined that the occupant (owner or tenant) of each of the 37 residential units is an abutting owner for the purposes of the dock program, and therefore the occupant of each residential unit have the first priority to obtain an annual license for one slip on the 37-slip dock facility. (One slip per residential unit). The documents of the Homeowners Association will allocate each of the available slips to one of the residential units. Such allocation will be followed by the City in its annual licensing activities. For convenience and to avoid oversight, the City agrees that the Home Owners Association may act as agent to the unit owners for the purposes of making the annual application and paying the annual fee. In the event that in any year after 2008, the City receives fewer slip license applications from the occupants of the residential units than the number of available slips, the City will assign the unlicensed slips for licensure during that year in accordance with the provisions of the Code. Unless obligated by another governmental unit, the City will not amend its Code, or otherwise take actions including, without limitation, reduce from 2000 lineal feet, the shoreline dedication, that would reduce the number of slip licenses that are available to the occupants of residential units without the consent of MHR. Provided that the City JBD-261802v7 MU195-15 E-2 -2367- o shall not be obligated to maintain access from the 37-slip dock facility to Lake Minnetonka unless the City determines that it is economically feasible to do so without the need for a general levy. MHR shall be responsible for all costs and expenses, for the maintenance, upkeep, repair and, as necessary, replacement of the 37-slip dock facility and appurtenances, and for keeping the same in a safe and clean condition. The City and MHR will confer at least annually regarding the work, including maintenance, anticipated to be done on the 37-slip dock facility during the upcoming year. The purpose of the meeting is to determine the scope and timing of work. Work not requested by the City will require the City's prior consent. To the extent applicable, work will be subject to the provisions of Minnesota Statutes, section 471.345. Unless it is required by law, or as a condition of a grant or other fund, or unless the parties agree otherwise, the work will be done under contract by MHR and the vendor, provided, that the City will apply for any permit that is required to be obtained by it for any of the work. Notwithstanding the foregoing, MHR will not enter into any contracts for the performance of work, except for routine maintenance and clean-up, without the prior consent of the City. The City will not unreasonably withhold consent, but, inter alia, may do so if: (a) (b) (c) (d) such contract, and other undertaking by MHR does not indemnify and hold the City harmless from any claims of causes, of whatever nature, arising out of the performance of such work, including, without limitation, assurances that all contractors and sub-contractors will be promptly paid by MHR; all applicable bidding requirements have been met; the plans and specifications for the work are acceptable to the City; and MHR is not in default of any of the obligations described in this instrument. MHR shall be responsible for its share of the cost, including the cost for any permits, for periodic work needed to preserve both the dredge for the 37-slip dock facility, including, without limitation the harvesting/chemical control of dock site area aquatic plants, and for the channel to Lake Minnetonka. As soon as possible after the recording of the plat, MHR and the City will meet for the purpose of determining an appropriate reserve to cover MHR's share of such costs for an initial period of 25 years. For the purposes of determining the amount of the reserve: (a) (b) MHR's share of the cost of preserving the dredge area as, described in paragraph 7 C of the Subdivision Agreement will be 100% of such cost. MHR's share of the cost of preserving the channel to Lake Minnetonka will be %. It is understood that MHR's costs will not include such routine annual activities as placing channel buoys and markers, removing litter and debris from the channel and similar activities of a repetitive nature. JBD-261802v7 MU195-15 E-3 -2368- 0 10. 11. (c) the reserve may be funded in annual installments, with the understanding that by the anticipated time of work described under paragraphs (a) or (b) above, there will be sufficient funds in the reserve to cover MHR's share of the costs. In the event that the cost of MHR's share of any work exceeds the amount then on reserve, MHR shall, upon 30 days advance written notice by the City, provide the additional amount required to cover MHR's share. In addition to the remedies available to the City under the applicable provisions of the Code, if MHR fails to meet any of its obligations hereunder, the City may, provide MHR with 30-day written notice to MHR, stating the obligations that MHR has failed to observe, and the steps that MHR must take, within such 30-day period to remedy the failure. Within such 30-day period, MHR may (i) cure the failure, or (ii) as to matters involving the scope or cost of work to be performed under this docUment, request binding arbitration. If MHR fails to cure, the City may take whatever steps it deems reasonable under the circumstances, including the cancellation of slip permits, and the termination of this letter of understanding. If either party requests arbitration, the City will defer any action on the failure of MHR until 30 days following notice of the decision in such arbitration. Whenever this Agreement calls for arbitration, the dispute being arbitrated shall be conclusively determined by a majority vote of a panel of three arbitrators. MHR shall appoint one arbitrator; the City shall appoint another arbitrator; and the two arbitrators so chosen shall appoint a third arbitrator. The third arbitrator shall have at least five (5) years experience in the management of multi-family developments in Minnesota. To the extent that the parties utilize arbitration then both parties shall be entitled to discovery as provided under the Minnesota rules of Civil Procedure. MHR understands that the City's ability to provide the 37-slip dock facility is based upon the permission granted to it by other public bodies, including without limitation, the Lake Minnetonka Conservation District, the Minnehaha Creek Watershed District, and the Minnesota Department of Natural Resources. MHR understands and acknowledges that those permissions may be subject to withdrawal or modification; and that such withdrawal or modification may result in the reduction, or elimination of the slips, or otherwise affect the facility and the City's ability to continue to provide annual licenses to the owners of residential units. However, to the extent permitted, if requested by MHR, the City agrees to actively contest any attempt to reduce or alter the nUmber of slips, provided that MHR will reimburse the City for any costs in conducting such contest; and provided further that the City will not be required to contest if the result of a successful contest would cause a diminution in available slips elsewhere in the City's dock program. Ail notices, demands or other communications under this Agreement shall be effective only if made in writing and shall be sufficiently given and deemed given when delivered personally or mailed by certified mail, return receipt requested, postage prepaid, properly addressed as follows: JBD-261802v7 MU195-15 E-4 -2369- 12. 13. 14. If to MHR: Mound Harbor Renaissance Development, LLC 1521 94th Lane NE Minneapolis, MN 55449 Attn: David Newman, Chief Manager With a copy to: Thomas A. Stokes 4052 Oakland St. St. Bonifacius, MN 55375 If to Mound: Kandis M. Hanson City Manager 5341 Maywood Road Mound, MN 55364 With Copy to: John B. Dean, Esq. Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Or to such other persons as the parties may from time to time designate in writing and forward to the other persons entitled to receive notice as provided in this section. MHR will furnish the City with evidence that it has, during the term of this Memorandum, keep in effect with policies of comprehensive general liability insurance in amounts, and containing coverages deemed necessary by the City in its reasonable discretion. Such policies shall also name the City as an additional insured. MHR may assign its rights and obligations under this Memorandum of Understanding to a homeowners association, properly established and having the powers to perform the obligations undertaken by MHR hereunder. The City may refuse to permit such assignment until any amounts then due and owing from MHR are paid. Upon acceptance by the City, and the delivery of an instrument executed by MHR and the association whereby the association agrees to be bound to all of the obligations of MHR under the Memorandum of Understanding, MHR will be relieved of any further obligations under the Memorandum of Understanding. This Memorandum shall inure to the benefit and be binding on the parties hereto and on their successors in interest, including, without limitation, the owners of individual units and the Homeowners Association. JBD-261802v7 MU195-15 E-5 -2370- IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF MOUND By: By: Pat Meisel, Mayor Kandis Hanson, City Manager MOUND HARBOR RENAISSANCE DEVELOPMENT, LLC. By: David Newman Its: Chief Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of ., 2005, by Pat Meisel, Mayor, and Kandis Hanson, City Manager, of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public JBD-261802v7 MU195-15 E-6 -2371- STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument ., 2005, was acknowledged before me this , a , on behalf of day of and the said Notary Public Drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 JBD-261802v7 MU195-15 E-7 -2372- the Exhibit "F" - Petition and Waiver Agreement PETITION AND WAIVER AGREEMENT This Agreement made this day of City of Mound, a Minnesota municipal ("Developer"). WITNESSETH: FORM OF PETITION , 2005, by and between corporation ("City"), and WHEREAS, the Developer is the fee owner of certain real property ("Subject Property") located in the City the legal description of which is set forth in Exhibit A, attached and made a part hereof; and WHEREAS, the Developer desires to have certain public improvements ("Public Improvements") constructed to serve the Subject Property as described in Exhibit B, attached and made a pan hereof. (the "Improvement Project ("[Name]"); and WHEREAS, the Developer wishes the City through a combination of cooperative agreement with Hennepin County, and an agency agreement with the Developer to provide for construction of the Public Improvements that comprise the Improvement Project and to specially assess a portion of the cost of the Improvement Project against the Subject Property; and WHEREAS, the City is willing to construct certain of the Public Improvements, to enter into a cooperative agreement with Hennepin County, and an agency agreement with the Developer for the construction of the Improvement Project in accordance with the request of the Developer, provided the assurances and covenants hereinafter stated are made by the Developer JBD-261802v7 MU195-15 F-1 -2373- to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance the costs of the Improvement Project. NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENT HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Developer petitions the City for construction of the Improvement Project. 2. The Developer represents that it i) is the owner of frontage of the real property abutting on the streets and other areas named in the petition as the location of the Improvement Project, ii) has full legal power and authority to encumber the Subject Property as herein provided, and iii) as of the date hereof, has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on the attached Exhibit C. 3. The Developer requests and consents to a portion of the assessable cost of the Improvement Project being assessed against the Subject Property. The Developer understands and agrees that the current estimated cost of the Improvement Project is $ , of which, 100% will be assessed against the Subject Property. The parties stipulate and agree that the amount of such proposed assessment is equal to the economic benefit that the Subject Property will receive as a result of the Improvement Project. The assessable costs do not include city overhead, administrative or engineering costs; and the Developer remains separately obligated for such costs in accordance with the provisions of Section 19A of the Subdivision Agreement. In the event that the bids for the Project exceed the estimates, the parties agree to attempt in good faith to determine how to proceed, it being understood, however, that the City is JBD-261802v7 MU195-15 F-2 -2374- not hereunder obligated to expend funds in excess of the estimated costs, and the Developer is not hereby consenting to an assessment in excess of the estimated costs. 4. The Developer waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081 and Laws 2001, Chapter 207, Section 12, or reapportionment thereof upon land division pursuant to Minn. Stat. Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply are hereby waived by the Developer; b. The increase in fair market value of the Subject Property resulting from the Improvement Project will be at least equal to the amount of the proposed assessment, and that such increase in fair market value is of special benefit to the Subject Property; and c. The Developer further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant to Minn. Stat., Section 429.071, Subd. 3. 5. The Developer understands and agrees that the City may provide for the payment of such special assessments in installments bearing such interest as may be determined by the city council. However, the decision regarding the period of time over which the special assessments may be paid and the interest rate to be applied is in the absolute and sole discretion of the city council, subject only to limitations imposed by law. 6. Developer represents and warrants that the Subject Property is not classified for tax purposes so as to result in deferral of the obligation to pay special assessments; and Developer agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. JBD-261802v7 MU195-15 F-3 -2375- 7. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Developer and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Hennepin County, Minnesota; and they agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 8. This Agreement will terminate upon the final payment of all special assessments levied against the Subject Property for the Improvement Project, and the City will thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. JBD-261802v7 MU195-15 F-4 -2376- IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY OF MOUND [DEVELOPER] By: By: Its: Mayor Its: By: By: Its: City Manager Its: STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ~ day of , 2005, by Pat Meisel and Kandis Hanson, the Mayor and City Manager of the City of Mound, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPN ) The foregoing instrument was acknowledged before me this ~ 2005, by and ., the and , respectively, [Developer], a Minnesota behalf of the .. day of ., on Notary Public JBD-261802v7 MU195-15 F-5 -2377- EXHIBIT A Legal Description JBD-261802v7 MU195-15 F-6 -2378- EXHIBIT B Improvement Project ("[Name]) 2005 Estimate Total JBD-261802v7 MU195-15 F-7 -2379- LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, June 22, 2005 Wayzata City Hall CALL TO ORDER Skramstad called the meeting to order at 7:04 p.m. ROLL CALL Members present: Tom Skramstad, Shorewood; Katy Van Hercke, Minnetonka; Paul Knudsen, Uinnetrista; Doug Babcock, Tonka Bay; John Berns, Wayzata; David Gross, Deephaven; Steve Johnson, Mound; Michael Maloney, Excelsior; Andrew McDermott, Orono; Pete Nelson, Victoria; Tom Scanlon, Spring Park; Herb Suerth, Woodland; Cree Zischke, Greenwood Also present: Charles LeFevere, LMCD Counsel; Greg Nybeck, Executive Director; Judd Harper, Administrative Technician; Emily Herman, Administrative Assistant. Members absent: Tom Seuntjens, Minnetonka Beach. CHAIR ANNOUNCEMENTS, Chair Skramstad · Skramstad stated that the City of Excelsior has appointed Michael Maloney to the LMCD Board of Directors. He welcomed Maloney on behalf of the Board and asked LeFevere to administer the oath of office. LeFevere administered the oath of office to Michael Maloney. He was seated as representative for the City of Excelsior on the LMCD Board of Directors. · Skramstad asked Nybeck to discuss the July Board meeting schedule. Nybeck stated that there are two Regular LMCD Board Meetings scheduled for the month of July, 7/13/05 and 7/27/05. He did not believe that there was a need for both meetings and he recommended that the Board cancel the 7/13/05 Regular LMCD Board Meeting. The Board discussed the recommendation of Nybeck and the consensus of the Board was to cancel the 7/13/05 Regular LMCD Board Meeting. READING OF MINUTES- 5/25/05 LMCD Regular Board Meeting MOTION: Van Hercke moved, Nelson seconded to approve the minutes from the 5/25/05 LMCD Regular Board Meeting as submitted. VOTE: Ayes (9), Abstained (4; Knudsen, Maloney, McDermott, and Zischke); 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. -2380- Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 Page 2 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. Berns moved, Nelson seconded to approve the consent agenda as submitted. Motion carried unanimously. Items so approved include: 2A, Audit of Vouchers (6/16/05-6/30/05); and 2B, May financial summary and balance sheet. 1. WATER STRUCTURES Skramstad recommended that the Board move agenda item lB in front of lA. If the Board did not object, he stated that he would do so accordingly. There were no objections. B. Tim Burke, consideration of draft Findings of Fact and Order for denial of a dock length variance application at 19820 Cottagewood Road. Skramstad stated that draft Findings of Fact and Order were prepared in accordance with the discussion at the 6/8/05 Regular LMCD Board Meeting. He reminded the Board that draft Findings were originally prepared for approval of the Burke variance application and were discussed at the 6/8/05 Board meeting. Mr. Burke was not in attendance at the 6/8/05 Board meeting and would like to make a request prior to the Board taking action on the draft Findings to deny the variance application. Mr. Tim Burke, 19820 Cottagewood Road, Deephaven, requested that the Board table consideration of the draft Findings of Fact and Order to deny his variance application until the next Board meeting. Nybeck stated that if the Board would like to honor the request made by Mr. Burke, there was enough time to do so in compliance with the 60-day rule. He was aware of the request and suggested that the Board consider tabling the item until the Regular Board Meeting of July 27, 2005. MOTION: Babcock moved, Knudsen seconded to table action on the draft Findings of Fact and Order to deny the Tim Burke variance application until the 7/25/05 Regular LMCD Board Meeting. VOTE: Motion carried unanimously. A. LMCD Code Section 2.09, Public Comments on potential LMCD Code changes being considered for deicing installations on Lake Minnetonka. Skramstad asked Nybeck to provide background on this agenda item before opening it to the public for comments. Nybeck reviewed three proposed changes to LMCD Code that were outlined in a staff memo, -2381 - Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 Page 3 dated June 2005. These changes included: 1) Area to be Deiced/Fencing, 2) the March 15th No Permit Date, and 3) Permanent vs. Seasonal Docks. In his background comments, Nybeck reviewed current LMCD Code and proposed considerations for LMCD Code changes. He entertained questions or comments from the Board prior to taking public comments on the proposed changes. Babcock stated that there was a time since he had been on the Board since the late 1980's when the Board did not allow new deicing licenses. This stance was relaxed in the early 1990's and the LMCD is back at this time discussing possible changes to LMCD Code. Skramstad asked the public for comments on potential LMCD Code Changes. Mr. Steve Bren stated that he has been managed the deicing activities at Wayzata Yacht Club (WYC) for the past 10 years. He expressed concern about the condition in the draft "Authorized Deicing Use Area" ordinance that would limit the fence to 30' out beyond the dock structure into the lake. At WYC, he estimated that around 13 bubblers are used around the perimeter at Sites 1 and 2 that creates a river approximately 10' to 15' wide. A number of other factors contribute to expanding open water and weakened ice out beyond the dock structure. The deicing facility at WYC is monitored daily and timers are used depending on air and water temperature. In an ideal world, he believed that the LMCD should allow for a space of 75' between the edge of the dock structure and the fencing. This would be more problematic if the deicing site had abutting properties that would be impacted by the deicing activity. Zischke asked Bren how much open water should be allowed outside of the docks? Bren stated that WYC has bubblers mounted at the end of the docks rather than bubblers that push water straight up. By having the bubblers at the end of the docks, this creates a river effect that is approximately 15' to 20' out beyond the end of the dock structure. Scanlon asked Bren if WYC utilizes deicing curtains? Bren stated that WYC used to utilize deicing curtains when the public access between Sites 1 and 2 was used for access during the winter months. He expressed reservations about deicing curtains because they are not fool proof and they involve a tremendous amount of work. He proposed as an alternative to fencing allowing the use of a three level, reflectorized rope with flags weaved in, because it would not blow down like fencing currently does. Babcock asked Bren whether he has secured approval from the City of Wayzata annually to close down the public access between Sites 1 and 2. Bren stated that he has secured approval from the City of Wayzata in the past. Scanlon asked Bren if he had any comments on allowing deicing activities at residential sites on Lake Uinnetonka. -2382- Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 Page 4 Bren stated that he has managed deicing sites at residential facitities around the lake in the past, with mixed success, if a site wants to deice and the abutting sites consent to it and recognize it might affect the ice in front of their properties, he believed that the LMCD should consider allowing this. He suggested that there should be approximately 50' to 70' between the abutting sites. Mr. Gary Briggs, stated that he was in attendance representing Minnetonka and Wayzata Marines. He echoed most of the comments made by Bren and recommended that there should be distinction in the draft ordinance between the location of the deicing area and the fencing required. For management of the fencing at times when the facility is not monitored, especially during the evening hours on the larger bodies of water, he believed that fencing should be allowed at least 100' out beyond the dock structure. Mr. Bob Holtz, representing Excelsior Bay Harbor, stated that fencing at this multiple dock facility is approximately 75' beyond the end of the dock. Tire tracks and cross-country skiers go right up the fence at this distance and he would like to go no less than this distance into the lake. He reviewed the unique features in this area of the lake, which include the channel leading to St. AIbans Bay and another multiple dock facility that deices on the other side of the channel on Excelsior Bay. He believe that 100' into the lake would allow for greater public safety. Nelson asked Holz if he would prefer other options to fencing as earlier described by Bren, Holz stated that he would be open to discussing alternatives to fencing. Harper asked Holz if he used deicing curtains. Holz stated that he used deicing curtains on the end of the facility adjacent to the channel. Mr. Rich Anderson, made the following comments: · He owns North Shore Marina and recently purchased a second facility in Orono, which he hoped he could secure a permit to deice in the future. He indicated that he had additional deicing experience at Sailors World and Wayzata Yacht Club. · At North Shore Marina on Maxwell Bay, he historically does not deice until February 1st because of the limited ice movement in that bay. · He believed that the length restriction of 30' out beyond the dock structure was too restrictive and should be changed. He stated that he used deicing curtains on both sides of the dock structure, similar to what Rockvam Boatyards does. Although he did not deem it necessary to put deicing curtains on the outside of the dock towards the lake, he believed that it would be necessary if the LMCD would like to restrict deicing activity and fencing to 30' out beyond the end of the dock structure. He stated that deicing curtains on the sides of the dock is much less labor intensive than on the outside of the dock. · He suggested that deicing curtains are effective on the sides and the LMCD should consider requiring this at residential properties. · He reviewed the types of bubblers used on the lake. The bubblers mounted around the edge of the dock structure are much cheaper than those that push water straight up from the bottom. However, he expressed concern about bubblers that are mounted around the -2383- Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 Page 5 edge of the dock because they create an unnecessary water flow, they are more abusive, and it takes more bubblers to deice a certain area of ice. · He expressed concern about the LMCD requiring facilities to keep the fencing up after the March 15th date. He believed that this was a better date rather than April 1st. He suggested that the Board might want to consider requiring a permit for those facilities that deice after March 15th. · He supported looking into an alternative for fencing, such as the rope concept. Berns asked Anderson for his feedback on what was a reasonable distance to allow for open water out beyond the end of the dock for deicing purposes. Anderson believed that the primary purpose to deice is to free up the posts from frozen ice a minimal distance to ensure that damage is not caused to the docks. He believed that five feet was a minimal distance and that there is not a need to abuse this. He believed that public safety should be a primary concern and that he did not have a recommendation on how far out fencing should be allowed outside of the dock. LeFevere stated that the 30' fencing requirement was a figure that he created and it was not set in stone, especially in light of the public comments. However, he recommended that the Board should not consider separate boundaries for deicing activity and fencing requirements because this would likely cause enforcement problems for staff. Scanlon asked Anderson how many bubblers he used at North Shore Marina. Anderson stated that he used seven or eight bubblers at North Shore Marina. Scanlon asked Anderson if he believed that the LMCD should place a restriction on the number of bubblers that can be used at a facility. Anderson stated that he did not believe it would be practical for the LMCD to restrict the number of bubblers at a facility. However, he suggested that the LMCD could require that thermostats be placed on all deicing equipment. Mr. Walt Wittmer, 2780 Shadywood Road, stated that he has had a deicing permit for the past 12 years to deice at his residence. He stated that he uses deicing curtains and he uses one pump that bubbles from the bottom up. He concurred with the comments made by Anderson that a thermostat on the bubbling equipment would make sense. One problem that he has at his site is that his deicing site is not entirely with the extended side site line on one side because of circumstances in the area. He believed that daily monitoring of the deicing installation is essential. Babcock stated that he heard a number of common themes from the public. These included: 1) managing deicing within extended side site lines is manageable, occasionally through the use of deicing curtains, 2) the 30' limitation on deicing and fencing outside of the dock is too restrictive and that 75' to 100' might be more appropriate, 3) language could be added to limit deicing to 15' to 20' outside of the dock, although this might not be enforceable, and 4) he suggested that the -2384- Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 Page 6 Board might want to consider an alternative to fencing. He stated that re-working of ordinance was achievable; however, he believed that seasonable docks should be removed on an annual basis or should expect to get a deicing permit. Relating to the March 15th "No Permit Date", he suggested an alternative that would be the third Monday in March. Other Comments made by Board members included: Whether thermostats should be required on deicing equipment. Whether alternatives to fencing should be considered by the LMCD. · Whether a permit should be required to deice after the March 15th "No Permit" date. · Whether LMCD staff should be more proactive on enforcement efforts when a deicing site does not comply with LMCD Code. · Whether there is a need to review the fee structure for deicing permits after the Board makes changes to the existing deicing ordinances, if any. · Whether deicing should be allowed at seasonal docks. The consensus of the Board was for Babcock to work with LeFevere and Nybeck on possible ordinance changes to LMCD Code Section 2.09 based on the proposed changes and the public input on these changes. This draft ordinance amendment(s) will brought back to the Board for consideration at the 7/27/05 Regular LMCD Board Meeting. C. Additional Business There was no additional business. 2. LAKE USE AND RECREATION A. Chair update of 6/9/05 Boat Density Committee Meeting. Skramstad asked Van Hercke for background on this agenda item. Van Hercke stated that since the 5/11/05 Public Meeting was conducted by the LMCD Board on this topic, the committee has met three times to interpret the public input received, to update the committee's goals and recommendations, and to form action groups. She provided an overview of the Boat Density Committee draft Goals and Recommendations, dated June 2005, with the intent of forming action groups. She asked Board members to consider what interests them and how they could participate in implementing the recommendations. MOTION: Babcock moved, Gross seconded to accept the draft Boat Density Committee Goals and Recommendations and to form action groups to address the outlined recommendations. Babcock recommended a friendly amendment to refer this back to the Boat Density Committee to form the action groups. Gross agreed to this. VOTE: Motion carried unanimously. -2385- Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 Page 7 B. Additional Business There was no additional business. 3. FINANCIAL C. Final review of draft 2006 LMCD Budget. Skramstad asked Nybeck for background on this item. Nybeck stated that this was the third and final review of the 2006 LMCD Budget. The LMCD's state enabling legislation requires that a copy of the adopted 2006 LMCD be forwarded to all 14 member cities by 7/1/05. He stated that there were written comments from Board member Seuntjens and the City of Minnetonka Beach in the packet, and that Board member Gross made verbal recommendations on behalf of the City of Deephaven at the 6/8/05 meeting. Skramstad stated that he believed that it was fair to represent that the majority of the member cities would like to have the LMCD reduce the 2006 levy from a six percent to three percent increase compared to 2005, although the LMCD has been asked by the public to provide additional services, including added enforcement and zebra mussel efforts. Nybeck stated that he would like the Board to consider including the hourly adjustment for Herman that was recently approved and the salary adjustment for Harper that will be considered by the Board later in this meeting for the 2006 adopted LMCD Budget. Without including these adjustments in the 2006 LMCD Budget, the salaries and hourly rates reflected in the draft 2006 LMCD Budget would not be accurate. Gross stated that he had a procedural question on the draft 2006 LMCD Budget. He questioned why changes discussed at previous Board meetings, including comments received from member cities, were not included in the draft budget being considered by the Board at this meeting? Nybeck stated that he did not include any changes to the draft 2006 LMCD Budget because there was no direction by the Board at the two previous meetings directing staff to make changes. If the Board would like to make changes to the draft 2006 LMCD Budget being reviewed this evening, the Board would need to take a vote on any change(s). Berns asked Nybeck for his advice on areas to reduce the levy being forwarded to the member cities from a six percent to a three percent increase. Nybeck proposed four possible changes to decrease the 2006 levy to the 14 member cities. These included: 1) reducing temporary service by $1,000 under "Professional Services", 2) eliminating the $4,000 budgeted for the purchase of a new copier under "Furniture and Equipment", 3) reducing the "Zebra Mussel" Budget by $5,000 from $15,000 to $10,000, with the Board replacing these funds from ,'Save the Lake", and 4) adding $3,080 to "Salaries"to properly reflect current year salaries for Harper and Herman. If the Board were to inclined to approve these four changes, it would reduce the 2006 levy to be forwarded to the 14 member cities from -2386- Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 Page 8 $277,063 to $270,143. This levy increase would be a 3.4 percent increase compared to the 2005 levy, and a further reduction could come from "Professional Services" for temporary services if necessary to reduce the levy increase to three percent. Skramstad asked Nybeck to comments on funding used for zebra mussel efforts in recent years. Nybeck stated that $5,000 was budgeted in 2004 and $10,000 was budgeted in 2005 from the Exotics Budget for zebra mussel efforts. These efforts in 2004 and 2005 primarily have focused on added inspections working with the MN DNR. Although approximately $12,000 was spent in 2004 for this program, it was entirely funded from "Save the Lake" because the MN DNR was unable to meet contracted hours. The funds that were allocated in 2004 from the Exotics Budget have been identified as a pre-paid expense for the 2005 inspection program and will be spent accordingly. This will likely be supplemental by "Save the Lake" funding in 2005 for these inspection efforts. Zischke asked if the LMCD could look at addressing fee structures as an alternative to passing on increased levies to the 14 member cities? Nybeck stated that fee structures had not been evaluated for a number of years. If the Board were to increase fees for activities regulated by the LMCD, these increases would have to be justified by costs of managing the activity and cannot be a source of revenue beyond the fees necessary to manage the program. He reviewed with the Board an unsuccessful attempt in the early 1990's to increase Watercraft Storage Unit (WSU) calculations from $7.50 to $10.00 because the increased fee could not be justified. Babcock stated that the LMCD has the rights to set service fees that can be used to support the cost of running a program. The LMCD cannot set fees above a reasonable level because this would be viewed as a tax and the LMCD does not have taxing authority. He provided further explanation of the effod by the LMCD in the early 1990's to increase WSU calculations for multiple dock facilities. LeFevere stated that this is currently a hot topic because some cities are being challenged on fees and the legislature is becoming more specific on what fees can charged. In fact, he stated that some cities are being challenged on collecting building permit fees directly off the state schedule if these cities cannot justify them. To address this, cities are now utilizing sophisticated programs to analyze the costs to justify the fee structure. Zischke stated that she would support setting a priority to have staff conduct a cost analysis of activities regulated by the LMCD. She also questioned whether there was a need to spend $2,000 to conduct the LMCD Board meetings at the City of Wayzata. Suerth stated that if the Board were inclined to reduce the levy increase from six percent to three percent, he would prefer to cut the budget in other places other than reducing the Zebra Mussel Budget from $15,000 to $10,000. -2387- Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 Page 9 Skramstad stated that he believed that one mistake the Board made was not to make changes collectively at previous Board meetings when the draft 2006 LMCD Budget was reviewed. This Board guidance would have given Nybeck the direction that he needed and the budget process would have gone more smoothly. Babcock stated that he was generally in favor of approving the six percent levy increase to the member cities, with one exception. He expressed concern about paying $2,000 for meeting expenses and proposed relocating to Tonka Bay or another city hall, which would not prohibit televising Board meetings on cable television. Nelson stated that he supported maintaining the 2006 Zebra Mussel Budget at $15,000. In fact, he supported utilizing "Save the Lake" funding to investigate grant opportunities to supplement this budget. He supported maintaining the $2,000 for meeting expenses to continue holding Board meeting at Wayzata City Hall because he believed that it has improved public relations. Berns provided the Board an overview of an e-mail received from the City of Wayzata that reviewed the $2,000 of expenses for rental of the community room for LMCD Board meetings. He stated that the City of Wayzata has established a special rate for two organizations, the LMCD and the Wayzata School District. Without this special rate, he estimated that the annual rate for the LMCD to conduct its Board meeting at Wayzata would be $4,200. The fees received from the LMCD would held Wayzata pay for its city staff to coordinate for meetings, wear and tear on the carpet, electricity and other utilities, and a prorated expense to replace audio and video equipment. The City of Wayzata is not looking for an excessive fee and he did not believe it should be surprise that a fee has been requested for 2006. He supported reducing the 2006 levy to the member cities from six percent to three percent compared to the 2005 levy. McDermott stated Orono was in favor of paying the $2,000 to continue to utilize the City of Wayzata for LMCD Board Meetings because he believed it was an improvement to educate the public on the LMCD. Scanlon stated that the City of Spring Park was generally okay with the budget as proposed. However, he recommended that the $4,000 budgeted for the copy machine be deleted, that the $15,000 budgeted for the zebra mussel program should remain as proposed, and the $2,000 proposed for meeting expenses should remain to continue LMCD Board meetings at the City of Wayzata. MOTION:.Zischke moved to approve the 2006 LMCD Budget with a three percent increase in levy to the member cities, and to direct staff to make the proper adjustments to the line items accordingly to decrease the levy to a three percent increase to the line items. The motion failed due to the lack of a second. Babcock encouraged Board members in the future to get involved in the budget process earlier if they have concerns rather than making changes to the budget at the last minute. MOTION: Babcock moved, Suerth seconded to approve the 2005 LMCD Budget with the following -2388- Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 Page 10 changes: 1) to reduce the "Furniture, Equipment" line-item by $4,000 for the proposed new copy machine, and 2) to reduce the "Meeting Expenses" line-item by $2,000 because he believed that the LMCD should not be paying for meeting space for LMCD Board meetings. Gross stated that the Board has heard a number of ways to reduce the levy increase to three percent. He indicated that he would oppose the motion because he would like to have the opportunity to vote on each of these ways separately. Babcock stated that if the Board would like to amend the motion, he would prefer that the motion be amended through a formal amendment rather than a friendly amendment. VOTE: Ayes (2; Babcock and Suerth), Nayes (10), Abstained (1, Maloney); motion failed. MOTION: Gross moved, Nelson seconded to remove $4,000 from the draft 2006 LMCD Budget for the copy machine. VOTE: Ayes (12), Abstained (1, Maloney); motion carried. MOTION: Zischke moved, Berns seconded to make the following changes to the draft 2006 LMCD Budget: 1) to reduce the "Professional Services" line-item from $22,800 to $18,000, 2) to reduce the "Office, General Supplies" line-item from $5,500 to $5,000, and 3) to reduce the "Boat Count and User Attitude Surveys" line-item from $7,000 to $5,000. VOTE: Ayes (3, Berns, Scanlon, and Zischke), Nayes (9), Abstained (1, Maloney); motion failed. MOTION: Gross moved, Babcock seconded to reduce the "Mileage, Meeting Expenses, and Employee Training" line-item in the draft 2006 LMCD Budget from $4,500 to $2,500 to eliminate the meeting expenses for LMCD Board meetings. VOTE: Ayes (4; Babcock, Gross, Johnson, and Suerth), Nayes (6), Abstained (3; Berns, Gross, Maloney); motion failed. MOTION: Gross moved, Berns seconded to reduce the "Zebra Mussel" line-item in the draft 2006 LMCD Budget from $15,000 to $10,000. Berns stated that he would prefer to supplement this budget with "Save the Lake" funding. VOTE: Ayes (1, Berns), Nayes (10), Abstained (2, Gross and Maloney); motion failed. MOTION: Zischke moved, Berns seconded to make the following changes to the draft 2006 LMCD Budget: 1) to reduce the "Office, General Supplies" line-item from $5,500 to $5,000,2) to reduce the "Public Information, Legal Notice" line-item from $2,000 to $1,250, and 3) to reduce the Boat Count and User Attitude Surveys" line item from $7,000 to $5,000. -2389- Page 11 VOTE: Ayes (2, Berns and Zischke), Nayes (10) Abstained (1, Maloney); motion failed. MOTION: Berns moved, Zischke seconded to reduce the "Office, General Supplies" line item in the draft 2006 LMCD Budget from $5,500 to $5,000. VOTE: Ayes (10), Nayes (2; Babcock and Nelson); Abstained (1, Maloney); motion passed. MOTION: Scanlon moved, Babcock seconded to approve the 2006 LMCD Budget with a $4,500 reduction in expenses, which would result in a 4.3 increase in levies to the member cities compared to 2005. VOTE: Ayes (9), Nayes (3; Berns, Gross, and Zischke), Abstained (1, Maloney); motion passed. D. Additional Business. There was no additional business. ADMINISTRATION A. Consideration of staff recommendation for compensation adjustment for Administrative Technician, Judd Harper. Skramstad asked Nybeck for background on this item. Nybeck stated that a performance appraisal was recently conducted for Judd Harper. An overall grade of "Exceeds Expectations", the top category, was communicated to Harper for the period of 5/8/04 through 5/31/05. His anniversary date with the LMCD is 5/1/2000 and he is currently compensated at an annual salary of $43,000. He recommended that the Board approve a $2,000 annual salary from $43,000 to $45,000, retroactive to 5/1/05. MOTION: Zischke moved, Nelson seconded to approve an annual salary adjustment for Judd Harper from $43,000 to $45,000, retroactive to 5/1/05. VOTE: Ayes (12), Abstained (1, Maloney); motion carried. B. Additional Business There was no additional business. EWM/EXOTICS TASK FORCE Suerth asked Nybeck to provide the Board background on the 2005 EWM Harvesting Program. Nybeck reported that the harvesting equipment was launched on June 9th and everything is generally going well, with one exception. The outboard motor recently purchased from Riverview Sports and Marine did not have the proper shaft length for the transport barge. He reviewed a quote received Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 -2390- Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 Page 12 from Riverview Sports and Marine for a lower unit extension kit for $1,016.25 and recommended that the Board authorize the purchase of this. He entertained questions or comments from the Board. MOTION: Babcock moved, Johnson seconded to authorize the purchase of a lower unit extension kit from Riverview Sports and Marine not to exceed $1,100. VOTE: Motion carried unanimously. 6, SAVE THE LAKE There was no discussion. 7. EXECUTIVE DIRECTOR REPORT Nybeck reported that the lake level as of 6/21/05 was 929.79, with the dam discharging at 250 c.f.s. Second, he referred the Board to a hand out in the packet from the City of Excelsior appointing Michael Maloney to the LMCD Board stating that document provides for official notification of Seuntjens appointment as Secretary. 8. OLD BUSINESS MCWD Update Skramstad updated the Board on discussions that he has had regarding the LMCD and the MCWD working together on a variety of activities. He stated that these discussions would be on-going and that he would keep the Board up to date. Update on Miles Canninq Pending Liti,qation Skramstad asked LeFevere to provide an update on this. LeFevere stated that both parties have moved for a summary judgment, The argument has recently been held and a decision is expected within 60 to 90 days. Financial Mid-Year Review Skramstad stated he spoke with Nybeck and Treasurer Knudsen on providing a more formal financial mid-year review when the June books are closed. This will likely be done at an upcoming Board meeting. 9. NEW BUSINESS Gross stated that the City of Deephaven has requested that a sub-committee be established to develop a comprehensive plan to prevent the introduction of zebra mussels into Lake Minnetonka. Deephaven believes that the efforts being done by the MN DNR for this are not adequate and that the LMCD should take a leadership role in this. He recommended that: 1) objectives should be identified, 2) a list of technologies should be identified, 3) an action plan should established, with a budget, and 4) a funding plan should be established that could be presented to the proper taxing authorities. -2391 - Lake Minnetonka Conservation District Regular Board Meeting June 22, 2005 Page 13 Nelson provided the Board an update on efforts that have been made by the LMCD relating to zebra mussels. In a zebra mussel powerpoint presentation that has been forwarded to all of the 14 member cities, there was a cost analysis plan that addressed some of the comments raised by Gross. He suggested that this cost analysis plan as a starting point for a sub-committee to provide the overall plan that Deephaven has recommended. Skramstad encouraged Board members to volunteer their time for efforts that they have an interest in. Gross stated that the City of Deephaven has also requested that the LMCD put together a similar plan for the milfoil harvesting program. 10. ADJOURNMENT There being no further business, the meeting was adjourned at 10:44 p.m. Tom Skramstad, Chair Tom Seuntjens, Secretary -2392- LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, July 13, 2005 Wayzata City Hall CALL TO ORDER Skramstad called the meeting to order at 7:00 p.m. ROLL CALL Members present: Tom Skramstad, Shorewood; Paul Knudsen, Minnetrista; Tom Seuntjens, Minnetonka Beach; Doug Babcock, Tonka Bay; John Betas, Wayzata; Steve Johnson, Mound; Michael Maloney, Excelsior; Pete Nelson, Victoria; Tom Scanlon, Spring Park; Herb Suerth, Woodland. Also 3resent: Greg Nybeck, Executive Director; Judd Harper, Administrative Technician. Members absent: David Gross, Deephaven; Andrew McDermott, Orono; Katy Van Hercke Minnetonka; Cree Zischke, Greenwood. CHAIR ANNOUNCEMENTS, Chair Skramstad Skramstad thanked Board members for attending this meeting that had originally been cancelled. PUBLIC COMMENTS- Persons in attendance, subjects not on the agenda (5 min.). There were no comments from the public on subjects not on the agenda. SAVE THE LAKE "Future of the Lake"- discussion of proposed special event on Saturday, August 13th. Skramstad provided background on this agenda item. He made the following comments: · The LMCD, through "Save the Lake" and the assistance of past LMCD Board member Bob Pillsbury, coordinated a special event for a number of years on Lake Minnetonka. This event was a divers lake bottom clean-up event and is similar to the event coordinated by the CrystaI-Pierz Marine and the Lake Minnetonka Association in recent years. · Skramstad stated that he participated in the event two years ago and he updated the Board on the event, with a general consensus that the event was a good event for the community. · He and a representative from CrystaI-Pierz Marine, Michael Deering, have stayed in recent contact and there has been discussion on a separate special event on Lake Minnetonka where the two organizations could partner together for the betterment of the lake community. This has been brought informally at past Board meetings and he believed that the limited feedback he received from those meetings was positive, · After informal endorsement by the Board, a special event at The Commons in Excelsior for a Saturday morning in early August has been tentatively set. He stated that Board member Berns has agreed to serve as a liaison to the Board on this proposed special event and he sought Board approval on endorsing the event and the spending of "Save the Lake" funds on it. -2393- Lake Minnetonka Conservation District Regular Board Meeting July 13, 2005 Page 2 Berns agreed with Skramstad that it was necessary to bring this proposed special event forward to the Board for endorsement and authorization to spend "Save the Lake" funds on it. He made the following comments: · He reviewed the benefits he perceived for CrystaI-Pierz Marina and the LMCD if this proposed special event takes places. For CrystaI-Pierz Marina, he believed that it would be good publicity for them, it would create goodwill in the community, and it might help them sell a few more boats. For the LMCD, he believed that it would be a good cause because it would assist as a communication plan for the agency. · He believed that the LMCD has two primary missions. These include: 1) addressing public safety and focussing on boater courtesy, and 2) protecting the environment and educating the public on the milfoil problem in the lake and the dangers of introducing zebra mussels into the lake. He believed that the proposed special event could be used to address both of these primary missions through educational materials and by asking the presenters to emphasize courtesy and exotics prevention in their presentations. · There are two possible cons that the Board should consider. These include: 1) the event will require an extensive amount of work by an already busy staff and the commitment of Board members, and 2) is there enough time before August 13th to pull this event off properly. He stated that Michael Deering has ensured him that this special event could be pulled off properly. · He recommended that the Board focus its attention on three questions. These included: 1) What feedback does the Board have on the overall special event and proposed list of events and schedule? 2) What feedback does the Board have on the proposed budget?, 3) What feedback does the Board have on the proposed responsibilities of the LMCD and CrystaI-Pierz Marine? · He entertained questions or comments from the Board. Skramstad asked Michael Deering to comment on the proposed special event. Prior to Deering making his comments, Skramstad asked the Board to consider endorsing the special event as a whole rather than focusing too much specific events because he believed that these details could be worked out at a later time. He welcomed Deering on behalf of the Board. Deering made the following comments: · He concurred with the comments made by Berns that the vast majority of the public is unaware of what the LMCD exactly does. For the proposed special event, it would take into consideration the youth and the future of Lake Uinnetonka. · From a CrytsaI-Pierz Marine standpoint, it would like to get its brand name visible to the public and it would like to provide community service to the local lake communities. He believed that the youth associated with this proposed special event would most likely help the LMCD 10 to 15 years down the read because they would be the one carrying the LMCD's message. Additionally, he believed that it would improve the image of the LMCD by giving the appearance that Lake Uinnetonka is available to the entire public, yet educate the public at the same time. · CrystaI-Pierz Marine has a turn-key relationship with other organizations where hundreds of youth could be bussed in to participate in this proposed special event. He imagined the local television opportunities where you could a local kid fishing next to a kid from Minneapolis who has never fished in their life or been on a boat before. · He encouraged the Board to use this proposed special event as a vehicle for the youth to pass on the desired message of the LMCD now and in the future. This is a proposed first year special event that could sustain momentum and continue to expand in future years. -2394- Lake Minnetonka Conservation District Regular Board Meeting July 13, 2005 Page 3 · He provided an overview of possible events proposed for the special event. Any event chosen for this special event would be geared for the youth between 12 and 17 years old. · He entertained questions or comments from the Board. Skramstad stated that there has been discussion on other possible events not reviewed by Deering. Some of these include having some of the LMCD's EWM harvesting equipment at the site and a possible short ride on a charter boat. Deering recommended that each attendee should leave the event with a gift bag. Possible items to include in a gift bag include a T-shirt and educational literature. Seuntjens stated that if the Board were to endorse the special event, he believed there was a need to reconcile CrystaI-Pierz Marine desire to sponsor the event with the LMCD's desire to sponsor the event. He suggested that there is a need for either a message statement or a cross endorsement. Deering stated that if the special event were to take place, he envisioned this as a partnership between the LMCD and CrystaI-Pierz Marine. This would include cohesive talking or message points that would be agreed to by both parties. Seuntjens stated that if the proposed special event took place in 2005, he encouraged looking into possible partners that might want to participate in subsequent years. Deering stated that he agreed with Seuntjens. Nelson stated that he believed there might be some local businesses that might contribute a gift for this year. Knudsen stated that he would like to have the Water Patrol's participation in the proposed special event. Babcock stated that he recalled August 13th was National Marina Day. If so, he recommended that this proposed special event should be tied to this in some capacity. Additionally, he agreed that there should be a tie in with T-shirts that are given away through a gift bag, recommending the LMCD logo. On August 1st, he believed that the PFD laws changes. He proposed a give away of a free T-shirt for those attendees that bring a PFD. Suerth contacting the local sailing schools to participate in the proposed special event. Deering provided an overview of the total budget, which was $6,000. Both organizations would agree to 50 percent of the budget, with the 50 percent LMCD share proposed for the "Save the Lake" Budget. He believed that the $6,000 budget was for the worst case scenario and it was possible that expenses incurred would be tess than this. He suggested putting together a youth friendly list of the top 10 reasons why to prevent the introduction of zebra mussels into Lake Minnetonka. MOTION: Babcock moved, Johnson seconded to authorize the LMCD's partnership in the "Future of the Lake Day" special event with CrystaI-Pierz Marine for 50 percent of the costs with a cap of $3,000 in "Save the Lake" Funds, subject to the LMCD's logo being tied into the expenditures. -2395- Lake Minnetonka Conservation District Regular Board Meeting July 13, 2005 Page 4 Berns stated that in the proposed Fish-A-Thon event, there is a reference towards christianity. He questioned whether this could be done as a governmental agency and this should be adjusted, especially since "Save the Lake" funds will be spent. VOTE: Motion carried unanimously. OTHER DISCUSSION Skramstad updated the Board on two items, First, he stated that he had circulated in the past couple of weeks a communications strategy for the Lake Minnetonka Boat Density Committee. To date, he has heard only from committee member Katy Van Hercke and that he would like to get feedback from other committee members. Second, he has prepared a one-page recap of revenues and expenditures for the Administration and Exotics Budgets in the recently adopted 2006 LMCD Budget. If any Board member believed that this would be useful, he recommended that the Board member contact the LMCD office so that this one-page recap could be forwarded to them. Suerth stated that inspections by the MN DNR were on-going to inspect watercraft before they enter Lake Minnetonka. He personally has observed these inspections recently and things seem to be going well. A schedule of upcoming inspections was included in the handout folders and he encouraged Board members to visit a public access when a LMCD inspection is taking place to introduce themselves to the inspectors and to stress the importance of what they are doing. ADJOURNMENT There being no further business, the meeting was adjourned at 7:45 p.m. Tom Skramstad, Chair Tom Seuntjens, Secretary -2396- ADDITIONS TO CONSENT AGENDA FOR AUGUST 9, 2005 COUNCIL MEETING Ro Approve Change order #1 for Response Actions at Lost Lake Dump and Maxwell Properties - City Project NO. PW-05-11 - Barr Engineering Company. Approve Payment Request #3 from Buffalo Bituminous for $233,805.40 for 2005 Street Improvement Project. Approve Final Payment Request from Environmental Associates for $2,235.20 for Lost Lake Greenway Project (bridge installation) BARR Barr Engineering Company 4700 West 77th Street · Minneapolis, MN 55435-4803 Phone: 952-832-2600 · Fax: 952-832-2601 · www.barr.com An EEO Emp/oyer Minneapolis, MN · Hibbing, MN · Duluth, MN · Ann Arbor, MI · Jefferson City, MO August 9, 2005 Mr. Carlton Moore Public Works Director City of Mound 5341 Maywood Road Mound, MN 55364 Re: Change Order No. I for Response Actions at Lost Lake Dump and Maxwell Properties City Project No. PW-05-11 Dear Mr. Moore: Please find attached Change Order No. 1 for Response Actions at the Lost Lake Dump and Maxwell Properties in Mound, MN. This change order reflects proposed amendments to the sheet pile wall to facilitate waste removal on the Lost Lake site and the revised organic soil removal limit on the Maxwell Property site. The proposed amendments to the sheet pile wall include installing longer than planned sheet piles along portions of the Lost Lake site and shoring the lengthened sheet pile wall with H piles. Geotechnical borings performed subsequent to award of the Contract identified fill materials and organic soils at depths greater than previously planned at portions of the Lost Lake Dump site which necessitated amendment of the sheet pile wall design. Barr has reviewed the sheet pile wall amendment plan submitted by Wenzel Engineering on behalf of Veit & Company, and finds the plan to be appropriate for the intent of the project. The proposed increase in project cost and time is $297,300 and 16 days, respectively, which is reasonable for the additional work to be performed based on Barr's experience on similar construction projects. The organic soil removal limit on the Maxwell Property was revised to include the southeast corner of the site. Review of the recent revision of MHRD's development plan identified one of the planned town-houses outside the previously planned limit for organic soil removal. Thus, the limit was revised to include this area. The proposed increase in project cost and time is $500 and 0 days, which is reasonable for the additional work to be performed based on Barr's experience on similar construction projects. If you have any questions regarding this change order, please contact me at 952.832.2690 or Don Richard at 952.832.2732. Sincerely, Dale Kolstad, P.E. Barr Engineering Co. P:\23\27XF27\RA Plans & Specs\ChangeOrderlCoverLet.doc Change Order No. I Response Actions at Lost Lake Dump and Maxwell Properties Mound Harbor Renaissance Development Area City of Mound City Project No. PW-05-11 Date of Issuance: Owner: Project No.: Contractor: Engineer: August 9, 2005 City of Mound 23/27-F27 RAI Veit & Company, Inc. Bart Engineering Company The CONTRACTOR is hereby directed to make the following changes in the Contract Documents: 1. Additional Organic Soil Removal at the Maxwell Property site Description: CONTRACTOR is directed to remove organic soil from the southeast comer of the Maxwell Property site as shown on Sheet C-03 as Revision 1. The estimated quantity of additional organic soil to be removed is 100 cubic yards. Reason for Change: OWNER identified this area to be an area that is being considered for future town- home construction and desires to have a soil correction performed. Change in Contract Price: The Contract Price for organic soil removal is included in the Contract as Bid Item B-11, and there is no change in the unit price for this item. The estimated increase in Contract Price is $500 for this work. Change in Contract Time: None. 2. Additional Sheet Piling Description: CONTRACTOR is directed to install additional sheet piling at the locations and to the depths shown on the Site Plan, Sheet T 1, as submitted to ENGINEER by Wenzel Engineering Inc. on July 27, 2005. The estimated quantity of additional sheet piling to be installed (and removed at the end of the project) is 6,250 square feet. Reason for Change: Borings performed subsequent to award of the Contract identified fill materials and organic soils at depths greater than plan at portions of the Lost Lake Dump site. Additional sheeting is required to retain soil and water from the adjacent wetland during excavation of fill materials. Change in Contract Price: The Contract Price for sheet piling is included in the Contract as Bid Item B-4, and there is no change in the unit price for this item. The estimated increase in Contract Price is $100,000 for this work. Change in Contract Time: 11 days. P:X2.3~.7XF27XRA Plans & Specs\ChangeOrdNol.DOC Page 1 of 2 3. Install H Pile for Sheet Pile Wall Support Description: CONTRACTOR is directed to install H pile (HP14x89) at the locations and to the depths shown on the Site Plan, Sheet T 1, as submitted to ENGINEER by Wenzel Engineering Inc. on July 27, 2005. The estimated quantity of H piles is 118 and the estimated total vertical linear feet (VLF.) of H pile is 6,490. Reason for Change: Borings performed subsequent to award of the Contract identified fill materials and organic soils at depths greater than plan at portions of the Lost Lake Dump site. Installation of the H pile will support the sheet pile wall to facilitate excavation of fill with debris in this area. Change in Contract Price: Installation and removal of H-pile for Sheet Pile Wall Support shall be measured in VLF and shall be paid at a new Unit Price (C1-01) of $30.40. The Contract Price will be increased by the total of $197,300 for completion of this work. Change in Contract Time: 5 days. CHANGE IN CONTRACT PRICE: Contract Price prior to this Change Order: $ 2,563,960.00 Net increase (decrease) of this Change Order: $ 297,800.00 Estimated Contract Price with all approved Change Orders: $ 2,861,760.00 CHANGE IN CONTRACT TIME: Contract Time prior to this Change Order: 100 calendar days Net increase (decrease) of this Change Order: 16 calendar days Contract Time with all approved Change Orders: 116 calendar days RECOMMENDED: By: Don E. Richard, Barr Engineering Company (ENGINEER) Date: ACCEPTED: By: Bart Anderson, Veit & Company, Inc. (CONTRACTOR) Date: APPROVED: By: Carlton Moore, City of Mound (OWNER) Date: P:~23~27~27\RA Plans & Specs\ChangeOrdNol.DOC Page 2 of 2 Engineering o Planning o Surveying August 1, 2005 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound 2005 Street Improvements Partial Payment MFRA #15000 Dear Ms. Hanson: Enclosed is Buffalo Bituminous' Payment Request No. 3 for work completed through July 31, 2005 on the subject project. The amount of this payment request is $233,805.40. 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 Robert Dehler, P.E. CC: Gino Businaro, Finance Director Carlton Moore, Public Works Director Enclosure s:~nain:hMou 15000\corres~hansonpart-pay8 - 1 An Equal Opportunity Employer 14800 28th Avenue North, Suite 140 · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 · e-marl: mfra@mfra, com I'O~z Zmz Oz ~o m~ m -q -q .-t z 5'~'~'~'~'~'~ ~ c <--'e~e33 --' ...... 88888888888888 ~ o8o888~8888 8 88°0008 8888888888 8 oooo*~- ooo~ooo oo~oo~o oo ~_o_~_~o~_ oo bbbbbbSbbbbbbb bbbbbbbbbbb bbbbbbbbbbb~bbb bb ~ ~ ~ ~0 ~ , 88888888888888 8 88888888888 8 888°°888°*~88°~oo oooo 8 88 ...... ~''b'bb ............................... 888888.8808008 8 88888888888 8 888888888'~888~oo 8 88 0 ~oo~.~ooo~o~o oo~oo~o ooX~ ~o~~ ~o~ oo bbbbbbbbbbb~b~ bbbbbbbbbbb bbbbbbbbbbb~bbb ~ o~* ~m~o~ ~ ~ *~ ~ ~o~o~o~o~ z bb .... ~'bb'b ............................... oo8888~8oo8o88 8 88888888888 ~ 88888888888888~ 8 88 :>- 0 -< ..q -q m° mO 0 z 0~ 0 -4 z 0 0 ID m"n Engineering Planning Surveying August 1, 2005 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Bridge Installation Final Payment Request MFRA #~3600' Dear Ms. Hanson: Enclosed is Environmental Associates, Inc.'s Final Payment Request for the subject project. The amount of this request is $ 2,235.20. We have reviewed the project and find that the work was completed in general accordance with the plans and specifications. It is our recommendation that the City Council accept the project and make final payment to the Contractor. Sincerely, MFRA Robert Dehler, P.E. CC; Carlton Moore, Public Works Inspector Gino Businaro, Finance Director Enclosure s:Xmain:hMou 13566\corres\ hanson finalpay 8-1 An Equal Opportunity Employer 14800 28th Avenue North, Suite 140 · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 · e-mail: mfra@mfra, com Statement of Account eai environmental associates inc. Builders of Outdoor Environments II ill City of Mound 5341 Maywood Road Mound, MN 55364 Statement of Account as of 7-11-2005 invoice 1227 I nv 16949 Pay Description Date .Charqes 11-24-2004 44,704. O0 Mound Bridge prat 01-03-2005 Credits 42,468.80- Statement Total 44,704.00* Terms: Net 30, 1 1/2% Monthly Charge. 42,468.80-* Current 31-60 Days 61-90 Days 91-120 Days Over 120 Days Outstanding Amount Amount Amount Amount Amount Amount 2,235,20 2,235.20 770 North Business Highway 71 · Suite 7 · Willmar, Minnesota 56201 Phone: 320.231.0461 * Fax: 320-235-2871 · E-mail: eai@en-tel.net · www.eaimn.com z005 10:03 FAX 320 235 2871 ~ooz environmental associates inc. 2~uilder$ of Outdoor Environments 912312004 INSTALLATION CONTRACT OWNER; City of MouncI ADDRESS: 5341 Maywood Road Mound, Minnesota 55364 CONTRACTOR: environmental associates inc. 770 Business Highway 71 NE Suite #7 Willmar MN 56201 TIME SCHEDULE: Contractor shall commence performance of the work as weather permits. SCOPE: Remove the Top 1' of the existing box culvert $1,800.00 Screw Anchors not to exceed 35' depth, at 13 kip per each. $4,900.00 Two Concrete abutments as designed by Duffy En9ineedng $8,680.00 One 26' Long and 10' Wide as desi9ned byContinental Bridge $29,324.00 Acceptance and approval of shop drawings for above bridge and abutments by city or its represenitive prior to star1 of oonstruction is part of conditions of contract. PAYMENT TERMS: Owner shall pay contractor the sum of: Progress Payments as work is completed. $44,704.00 A late charge of I 112% per month (18% per year) will be due with respect to any payment which is not macro with in '10 days of the due date, which charge shall continue to accrue until such payment is made. GENERAL CONDITIONS TO THE INSTALLATION CONTRACT CONTRACTORS RESPONSIBILITY: The work shall be performect in a good and workmanlike manner. Contractor will provide and pay for all labor, equipment, subcontractors, and materials necessary to complete the work, Contractor will be respor~ible for watering of plant materials until substantial completion. CHANGE ORDERS: Changes in the work, contract pdce, and completion date may be accomplished after execution of the contract. No additional work will be done without a signec~ change order by the Owner and Contractor. The change order sl~all be in writing and shall specify the change in work, the change or adjustment to the contract, the extent of any adjustment to the completion date, CONCEALED CONDITIONS: If conditions are encounterecl at the site which are subsurface or otherwise concealect conditions which, differ materially from the contemplated or indicated by the contract and cause an increase in contractors cost of time, Labor. Material, the contractor will be entitled to an equitable adjustment to the contract by a Change Order. 770 North Business Highway 71 o Suite 7 · Willmar, Minnesota 56201 Phone: 320.231.0461 o Fax: 320-2.:55-2871 * E-mail: eai@en-tel.net * w'ww.eaimn,com 2005 .1.0:04 FAX 320 235 287]. ZiON AND AeCl~P'rANCE: ~.o~n~..a...ct_o_r_is responsible for removing debris and surplus materials relat~ to its phase of work The con~o ~'~f,~T~?r_ s~?l m~t apd/o an ,nspect,on of the prope~y for the purpose of accemance ~? cootrac[ less tRe estimate tot completion of any punch ~$t items shall be paid. Owner hereby a~rees ~o ~ndemni~, defend and hold ~n~ra~or ha~less ~rom and sgsins~ any ~s~, damage, c~aim, ~iabili~y or expense Onc~ud~ng a~omeys' ~ees) incurred by or clsimed aga~ns~ con~m~or, d~rec~y or ~ndirec~y ~h~ch ~s occasioned by or results ~rom any defaults or ~a~lure o~ Owner ~o ~ulfl~l any or o~ ~h~s genera~ WARRANTY: The standard warranty is for one (1) year after substantial completion. This contract is comprised of the installation contract, including these general conditions, and any other plans or specification identified herein. The contract constitutes an agreement by Contractor and Owner and is subject to change by change order or cancellation only if no work has been performed. CONTRACTOR: DATE: / ~ - .~ "~ ~ DATE: ~0o3 9/23/2004