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2005-07-12
PLEASE TURN OFF AT CF]J, PHONES & PAGERS IN COUNCIL CHAMBERS. · ~ e~ so~:al~Cittzens fos~e~ as~fe: ~ftract~vean~ ~o~s~rlg~o~! ~ cost ~1~ se~ces th~t~es ond tO th n ~ , g , .~ *Consent Agenda; Items listed under the Consent ~genda are considered routine in nature and will be enacted bff 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~om the Consent Agenda and considered in normal sequence. 2. 3. 4. o Call meeting to order Pledge of Allegiance Approve agenda, with any amendments *Consent Agenda *A. Approve minutes: *B. *D. *D. *E. *F. *G. June 28, 2005 meeting July 5, 2005 special meeting Approve payment of claims Approve Temporary On-sale 3.2 Permit for V.F.W. for festival July 17, 2005, beginning at 4pm Approve Permission for consumption of liquor in Mound Bay Park on July 21, 2005 for City Employee Appreciation Event Payment Request No. 2 from Buffalo Bituminous in the amount of $208,693.91 for 2005 Street Project Payment Request No. 4 from Magney Construction in the amount of $158,550.86 for Well #8 Pumphouse Approve Change Order #5 for Well #8 Pumphouse in the amount of +$9,687.67. Approve Contract for Department of Employment and Economic Development (DEED) Grant for Lost Lake/Maxwell Properties (Info handout at meeting, if available from State) *H. Adopt Resolution Making a Selection Not to Waive the Statutory Tort limits for Liability Insurance Purposes Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker.) Page 1975-1979 1980-1981 1982-2000 2001 2002-2005 2006-2020 2021-2022 2023-2027 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. Consideration/Adoption of Resolution Awarding the Sale of Approximately $3,875,000 Taxable General Obligation Temporary Tax Increment Bonds, Series 2005D, Fixing Their Form and Specifications; Directing Their Execution And Delivery; and Providing for Their Payment 2028-2044 Public Hearings A. Case #05-36 - CUP/Variance Drive-thru pharmacy pickup window Applicant: Dave Leonard (Snyder's Drug Store) 2125-2129 Commerce Blvd. PC Recommendation: Approval with conditions 2045-2086 o Liquor Store Manager John Colotti with Harbor Wine & Spirits Semi- Annual Report 2087-2088 Miscellaneous/Correspondence A. Questions or comments from Council Members B. Report: Contribution of Gambling Funds - Mohawk Jaycees ($2000 for Skate Park and $500 for Adopt a Green Space) Harbor Wine & Spirits June 2005 and §340A.602 Update on Carbone's/Dailey's Pub C. Correspondence: Andy Burmeister, Regional Affairs & Policy Liaison 2089-2090 2091-2092 2093 2094 10. Adjourn This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site: unvw. cityofmound, com. COUNCIL BRIEFING July 12, 2005 July July July July July Events Schedule: Don't Forget.~. 12 - 7:20 - HRA regular meeting 12 - 7:30 - CC regular meeting 14-17 - Spirit of the Lakes Festival of the Arts 21 - 5:30 - City Appreciation Picnic - Mound Bay Park/The Depot - note time change 26 - 6:30 - HRA regular meeting July 26 - 7:30 - CC regular meeting Aug 1 - 12:00- Rotary golf outing Sept 16 - 6:30-12:00 - Taste of the Lakes -Bayside Event Center Oct 15 - 8:00-3:00 - Fall Recycling Day Oct 17 - Lost Lake District Groundbreaking Nov 17 - Tree Lighting Ceremony - Lost Lake Greenway Upcoming Absences Sept 23 - 28 Kandis Hanson Conference City, Hall and Public Safety Admin Offices Closed Sept 5 Labor Day Music in the Park- 7:00 p.m. July 14 Leo & Kathy Lara July 21 Tune Into Kids 28 The Blue Drifters Latin American Folkloric Music Family Music and Entertainment Traditional Bluegrass Have a fun but safe weekend! MOUND CITY COUNCIL MINUTES JUNE 28, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 28, 2005, at 7:30 p.m. in the council chamber of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Fire Chief Greg Pederson, Police Chief Jim Kurtz, Steve Bedell, Jim Dailey, Patrick Smith. 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 event the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meetinq Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda Brown requested the addition of an item, Special Meeting Assessment. Hanson requested the removal if items 4E and 4F, both items to be placed on a later agenda. Meisel requested the removal of item 4H(1) from the consent agenda for discussion. MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Osmek, seconded by Brown to approve all but E, F, and H1. vote, all voted in favor. Motion carried. Upon roll call A. Approve minutes of June 14, 2005 and June 21,2005 meetings. B. Approve payment of claims in the amount of $451,025.11. C. RESOLUTION NO, 05-95: RESOLUTION AUTHORIZING APPLICATION FOR A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM D. Approve changes to Park and Open Space Advisory Commission work rules as submitted. E. (removed) F. (removed) 1 - 1975- Mound City Council Minutes - June 28, 2005 Approve Permits for Spirit of the Lakes Festival of the Arts - July 14-17, 2005 (1) Public Gathering Permits (2) Public Dance/Live Music Permits (3) Temporary On-Sale Liquor Permit for JDP, Inc. (Dailey's Pub) for street dances (4) Temporary Sign Permits (as approved and designated by City Staff) Planning Commission Cases (1) (removed) (2) Case #05-22 - Minor Subdivision, 4957 Island View Drive, Steve Bedell RESOLUTION NO. 05-96: RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 4957 ISLAND VIEW DRIVE, P&Z CASE #05-22, PID #25-117-24-12-0003. (3) Case #05-37 - Variance, 6379 Bartlett Blvd., Dan Rivers RESOLUTION NO. 05-97: RESOLUTION TO APPROVE SIDE LOT SETBACK VARIANCE FOR PROPERTY LOCATED AT 6379 BARTLETT BOULEVARD, PID #23-117-24-32-0067. 4H(1) Case #05-29 - Variance, 2200-2238 Commerce Blvd. Mayor Meisel asked if the shrubs would be trimmed or removed by the corner of the clinic due to visibility issues. Mr. David Frank of Schafer Richardson (applicant) stated that he would work with City Staff to assure that they were within regulations for screening, and also not block visibility at that entrance. MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-98: RESOLUTION TO APPROVE PARKING STALL, PARKING STALL SIZE AND FENCE REQUIREMENT VARIANCES ASSOCIATED WITH PARKING LOT REDESIGN FOR COMMERCE PLACE SHOPPING CENTER. P&Z CASE #05-29, PID #13-117-24-33-0078, 13-117-24-33-0079, 13-117-24-33-0080, 13-117-24-33-0081, 13-117-24-32-0168, AND 13-117-24-32-0169. 5. Comments and suggestions from citizens present on any item not on the aqenda.- None were offered. 6. Public Hearings Case #05-46 - Wetland Permit Application - Applicant: MHRD, LLC, for Lost Lake District. Mayor Meisel stepped down and turned the meeting over to Acting Mayor Osmek because of possibility of perceived conflict of interest. 2 - 1976- Mound City Council Minutes - June 28, 2005 Sarah Smith reviewed the application from Mound Harbor Renaissance Development, LLC, stating that the City Code states that wetland applications are reviewed using the CUP process, which requires a public hearing. The Planning Commission has reviewed the application and recommended approval with conditions. Acting Mayor Osmek opened the public hearing at 7:45 p.m. and asked for public comment. Upon hearing none, the hearing was closed at 7:46 p.m. MOTION by Specht, seconded by Brown to adopt the following resolution. The following voted in favor: Brown, Specht, Beise, and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-99: RESOLUTION TO APPROVE A WETLANDS PERMIT APPLICATION AND REPLACEMENT PLAN FROM MOUND HARBOR RENAISSANCE DEVELOPMENT (MHRD) IN CONJUNCTION WITH DEVELOPMENT KNOWN AS "LOST LAKE". PID #'13-117-24-34-0063, 13-'1'17-24-34-0069, AND 13- 1 '17-24-34-0075. Mayor Meisel returned to preside over the meeting 7. Fire Department Greg Pederson briefly described the NIMS and Mutual-aid resolutions before the Council for consideration. A. MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-'100: RESOLUTION DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN MOUND B. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO, 05-10'1: RESOLUTION PROMOTING THE USE OF INTRASTATE MUTUAL-AID AGREEMENT 8. Approve Renewal of Liquor Licenses A. SKD, Inc. (trade name: Carbone's Pizzeria) - 2155 Commerce Blvd. - 3.2 On-sale and Wine On-Sale Lengthy discussion took place regarding the conditions of the license as presented on the proposed resolution. Defining the premises of Carbone's Pizzeria is a challenge due to the fact that they share a patio with Dailey's Pub, and these premises must be defined and separated due to two difference liquor licenses being involved. 3 - 1977- Mound City Council Minutes - June 28, 2005 MOTION by Brown, seconded by Osmek to approve the 3.2 on-sale license and on-sale wine license for SKD, Inc., (trade name Carbone's Pizzeria) and to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 05-102: RESOLUTION DEFINING THE PREMISES FOR THE ON-SALE 3.2 BEER AND WINE LICENSES ISSUED TO SKD, INC. (DOING BUSINESS AS CARBONE'S PIZZERIA) B. JDP, Inc. (trade name Dailey's Pub) - 2151 Commerce Blvd. Discussion on this item took place with the above item. MOTION by Beise, seconded by Specht to approve the on-sale and Sunday liquor licenses for JDP, Inc., (trade name Dailey's Pub) and adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-103: RESOLUTION DEFINING THE PREMISES FOR THE ON-SALE AND SUNDAY LIQUOR LICENSES ISSUED TO JDP, INC. (DOING BUSINESS AS DAILEY'S PUB) 9. Pass Ordinance Amending Chapter 1000 of the City Code as it Relates to Nuisances and Abatement Sarah Smith explained that the purpose of the proposed amendments is to improve the process for resolving nuisance issues and to recoup all involved costs. Osmek questioned if the proposed five days to comply is enough time considering mail time, holidays, etc. It was decided to change this to seven days. MOTION by Brown, seconded by Osmek to pass the following ordinance, as amended. All voted in favor. Motion carried. ORDINANCE NO. 11-2005: AN ORDINANCE AMENDING CHAPTER 1000 OF THE CITY CODE AS IT RELATES TO NUISANCES AND ABATEMENTS. 10. Recess City Council Meetin~ MOTION by Osmek, seconded by Brown to recess the meeting at 9:10 p.m. All voted in favor. Motion carried. 11. Reconvene City Council Meetin~ MOTION by Osmek, seconded by Specht to reconvene at 9:11 p.m. 12. Executive Session re.qardin.q John M. Anderson et al v. City of Mound John Dean stated that the Council would go into executive session to discuss a proposed settlement agreement in the subject case, and to provide input and receive recommendations from legal counsel. Council went into executive session at 9:15 p.m. 4 - 1978- Mound City Council Minutes - June 28, 2005 The Council returned to regular session at 9:37 p.m., and the City Attorney stated that the executive session was to discuss attorney/client privileged information regarding the subject case. 13A. Special Meeting Assessment Brown asked if other cities charge the responsible party for calling a special meeting. The Councilmembers would then receive pay for these meetings as paid for by the responsible party. The Council directed staff to research this and report back. 14. Miscellaneous/Correspondence A. Questions or comments from Councilmembers: Osmek reported on the efforts being made by David Greenslit to collect $150 from the City after the insurance adjuster found the City not responsible for a broken window. Mr. Greenslit is invited to get on the City Council agenda and discuss this matter directly with the Council. B. Report: C. Minutes: Finance Department - May 2005 Westonka Healthy Community Collaborative LMCD 15. Adjourn MOTION by Brown, seconded by Specht to adjourn at 9:57 p.m. All voted in favor. Motion carried. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk 5 -1979- MOUND CITY COUNCIL MINUTES JULY 5, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday, July 5, 2005, at 8:07 a.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise, and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Tom Stokes, Chuck Alcon, Dave Neuman. 1. Call Meeting to Order Mayor Meisel called the meeting to order at 8:07 a.m. 2. Consider Bids and Action on Resolution Accepting Bids for Soils Remediation of Lost Lake/Maxwell Properties Mayor Meisel turned the meeting over to Acting Mayor Osmek because of the possibility of perceived conflict of interest. MOTION y Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Brown, Specht, Beise, Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-104: RESOLUTION ACCEPTING BID FOR SOILS REMEDIATION ON LOST LAKE/MAXWELL PROPERTIES 3. Consideration/Action on Right of Entry Aqreement MOTION by Beise, seconded by Brown to approve the Right of Entry Agreement between the City and Mound Harbor Renaissance Development, LLC. The following voted in favor: Brown, Specht, Beise, Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. 4. Consideration of Letter Agreement with MHRD regarding allocation of certain costs under Veit contract John Dean stated that the agreement addresses the issue of costs incurred and paid for under the contract and financing up front by the city, subject to reimbursement by the developer. MOTION by Brown, seconded by Beise to approve the agreement between the City and MHRD as presented. The following voted in favor: Brown, Specht, Beise, Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. Mayor Meisel returned to preside over the meeting. 1 - 1980- 5. Adjourn MOTION by Osmek, seconded by Brown to adjourn at 8:10 a.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 2 -1981 - JULY 12, 2005 CITY COUNCIL MEETING 062905SUE $14,187.14 JUNE 070605SU E $16,900.00 JULY 071205SU E $561,476.22JULY TOTAL $592,563.36 - 1982- CITY OF MOUND Batch Name 062905SUE Payment City of Mound Payments 07~07/05 9:00 AM Page 1 Current Period: July 2005 Computer Dollar Amt $14,187.14 Posted Refer 62905 NEXTEL COMMUNICATIONS (PAR Cash Payment Invoice 062805 Cash Payment Invoice 062805 Cash Payment Invoice 062805 Cash Payment invoice 062805 Cash Payment Invoice 062805 Transaction Date E 101-45200-321 Telephone & Cells 6/28/2005 E 101-45200-321 Telephone & Cells 6~28~2005 E 101-45200-321 Telephone & Cells 6/28/2005 E 101-42400-321 Telephone & Cells 6/28/2005 E 101-45200-321 Telephone & Cells 6/28/2005 6/23/2005 Due 0 Ck# 018776 7/1/2005 06-22-05 612-221-6794 06-22-05 612-221-6812 06-22-06 612-221-6740 06-22-05 612-363-5883 06-22-05 612-221-8385 Wells Fargo 10100 Total $15.38 $82.33 $32.37 $27.06 $34.07 $191.21 Refer 62905 Cash Payment Invoice 062905 Cash Payment Invoice 062905 Payment invoice 062905 Cash Payment invoice 062905 Cash Payment Invoice 062905 Cash Payment Invoice 062905 Transaction Date MINNEHAHA CREEK WATERSHED Ck# 018775 7/1/2005 E 601-49400-434 Conference & Training RAIN GARDEN/POROUS PAVEMENT REGISTRATION 6/29/2005 E 101-43100-434 Conference & Training 6/29/2005 E 602-49450-434 Conference & Training 6/29/2005 E 101-42400.434 Conference & Training 6/29/2005 E 101-42400.434 Conference & Training 6/29/2005 E 101-42400-434 Conference & Training 6/29/2005 6/27/2005 Due 0 PAIN GARDEN/POROUS PAVEMENT REGISTRATION RAiN GARDEN/POROUS PAVEMENT REGISTRATION RAIN GARDEN/POROUS PAVEMENT REGISTRATION RAIN GARDEN/POROUS PAVEMENT REGISTRATION RAIN GARDEN/POROUS PAVEMENT REGISTRATION $6.25 $6.25 $6.25 $6.25 $25.00 $25.00 Wells Fargo 10100 Total $75.00 Refer 62905 AMERICAN PUBLIC WORKS ASSO Ck# 018772 7/1/2005 Cash Payment Invoice 062905 Cash Payment Invoice 062905 Cash Payment Invoice 062905 Cash Payment invoice 062905 Transaction Date E 101-42400-434 Conference & Training 6/29/2005 E 602-49450-434 Conference & Training 6/29/2005 E 601-49400-434 Conference & Training 6/29/2005 E 101-43100-434 Conference & Training 6/29/2005 6/27/2005 Due 0 09-12-05 DRIVE-IN/FLY-IN PROGRAM 09-12-05 DRIVE-IN/FLY-IN PROGRAM 09-12-05 DRIVE-IN/FLY-IN PROGRAM 09-12-05 DRIVE-IN/FLY-IN PROGRAM Wells Fargo 10100 Total $10.00 $10,00 $10.00 $10.00 $40,00 Refer 62905 KIRTZ, RYAN Ck#018774 7/1/2005 Cash Payment E 101-41310-300 Professional Srvs 2002/2003 SCANNING llnvoice 062805 6/28/2005 Transaction Date 6/29/2005 Due 0 Wells Fargo 10100 Total $300.00 $300.00 Refer 62905 SUSSMAN, MICHAEL E. Ck# 018779 7/1/2005 - 1983- CiTY OF MOUND Cash Payment Invoice 062905 Transaction Date City of Mound Payments 07/07~05 9:00 AM Page 2 Current Period: July 2006 ~_-_.~-~IBIIlI~I~[. -_- ~ - . G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $371.75 6/29/2005 6/29/2005 Due 0 Wells Fargo 10100 Total $371.75 Refer 62905 NEXTEL COMMUNICATIONS (POLl Ck# 018777 7/1/2005 Cash Payment E 101-42110-321 Telephone & Cells 006-22-05 CELL PHONES $596.23 Invoice 062905 6/29~2005 Transaction Date 6/30/2005 Due 0 Wells Fargo 10100 Total $596.23 Refer 62805 JOHNSON BROTHERS LIQUOR Ck# 018773 7/1/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $1,612.99 Invoice 1897616 6~28/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $955.60 Invoice 1897619 6/2812005 Cash Payment E 609-49750-252 Beer For Resale BEER $26.25 Invoice 1897618 6/28/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $836.42 Invoice 1897617 6/28/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $714.19 Invoice 1897620 6/28/2005 Transaction Date 6/3012005 Due 0 Wells Fargo 10100 Total $4,145.45 Refer 62908 pHILLIPS /1/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2196529 6/28/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 2196528 6/28/2005 Transaction Date 6/30/2005 Due 0 Wells Fargo 10100 Refer 62805 WINE MERCHANTS Ck# 018780 7/1/2005 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 124269 6/29/2005 Transaction Date 6/30/2005 Due 0 Wells Fargo 10100 $4,105.30 $142.70 Total $4,248.00 $4,219.50 Total $4,219.50 Fund Summary BATCH Total $14,187.14 101 GENERAL FUND 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 10100 Wells Fargo $1,541.69 $16.25 $16.25 $12,612.95 $14,187.14 Pre-Wfltten Check Checks to be Generated by the Compute Total $14,187.14 $0.00 $14,187.14 - 1984- CiTY OF MOUND Batch Name 070605SUE Payments Refer 70605 HANLEY, PATRICK Cash Payment Invoice 070605 Transaction Date G 601-16100 Fixed Asset-Land 7/6/2005 7/6/2005 City of Mound 07/06/05 3:09 PM Page 1 Payments Current Period: July 2005 User Dollar Amt $16,900.00 Computer Dollar Amt $16,900.00 $0.00 In Balance RELOCATION EXPENSES $16,900.00 Wells Fargo 10100 Total $16,900.00 Fund Summary 10100 Wells Fargo 601 WATER FUND $16,900.00 $16,900.00 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $16,900.00 $16,900.00 - 1 985- CiTY OF MOUND Batch Name 071205SUE Payments Refer 71205 Cash Payment Invoice 629660 Cash Payment Invoice 629660 Cash Payment Invoice 629660 Transaction Date City of Mound 07/07/05 8:54 AM Page 1 Payments Current Period: July 2005 User Dollar Amt $561,476.22 Computer Dollar Amt $561,476.22 $0.00 In Balance 09-01-05 THRU 08-31-06 MEMBERSHIP DUES 09-01-05 THRU 08-31-06 MEMBERSHIP DUES 09-01-05 THRU 08-31-06 MEMBERSHIP DUES Wells Fargo 10100 Total AMERICAN PUBLIC WORKS ASSO E 101-43100-434 Conference & Training 7/12/2005 PO 19069 E 601-49400-434 Conference & Training 7/12/2005 PO 19069 E 602-49450-434 Conference & Training 7/12/2005 6/28/2005 10100 Total Refer 71205 AMUNDSON, M. LLP Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES Invoice 182035 7/12/2005 Transaction Date 6/23/2005 Wells Fargo $168.34 $42.08 $42.08 $252.50 $1,093.25 $1,093.25 Refer 71205 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 438517510 7/12/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 43851761 '1 7/12/2005 Cash Payment E 609-49750~255 Misc Merchandise For R ICE invoice 438517808 7/1212005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE invoice 438518209 7/12/2005 Transaction Date 6/28/2005 Wells Fargo 10100 Refer 71205 BAYSIDE FLORAL Cash Payment E 101-42110-430 Miscellaneous FUNERAL FLOWERS Invoice 38163 7/12/2005 PO 19084 Transaction Date 7/6/2005 Wells Fargo 10100 Refer 71205 BELLBOY CORPORATION Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 33670900 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR invoice 33711000 7/12/2005 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE Invoice 40120100 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 33726500 7/12/2005 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE Invoice 40167500 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 33770100 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 33728100 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 33797900 7/12/2005 $163.84 $188.47 $112,42 $144.01 Total $608.74 $58.31 Total $58.31 $345.00 $1,572.95 · $233.27 $4,870.75 $52.99 $1,835.20 $285.00 $2,486.00 - 1986- CITY OF MOUND City of Mound 07/07/05 8:54 AM Page 2 Payments Current Period: July 2005 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$12.00 Invoice 33718100 7/12/2005 Transaction Date 6/28/2005 Wells Fargo 10100 Total $11,669.16 Refer 71205 BERGERSON- CASWELL, INCORP Cash Payment E 401-46377-300 Professional Srvs 5468 LYNWOOD SPRINKLER $1,575.00 Invoice 000152010000 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $1,575.00 Refer 71205 BUFFALO BITUMINOUS Cash Payment E 401-43103-500 Capital Outlay FA THRU 06-28-05 PAYMENT #2 $208,693.91 Invoice #2 7/12/2005 Project PW0501 Transaction Date 7/512005 Wells Fargo 10100 Total $208,693.91 Refer 71205 CARQUESTOFNAVARRE Cash Payment E 601-49400-221 Equipment Parts OIL FILTER $9.48 Invoice N56705 7/12/2005 Cash Payment E 101-43100-221 Equipment Parts OIL FILTER $20.04 Invoice N57431 7/12/2005 PO 19073 Cash Payment E 601-49400-221 Equipment Parts OIL FILTER $20.04 Invoice N57431 7/12/2005 PO 19073 Cash Payment E 602-49450-221 Equipment Parts OIL FILTER $20.05 Invoice N57431 7/12/2005 PO 19073 Date 6/28/2005 Wells Fargo 10100 Total $69.61 Refer 71205 CA T AND FIDDLE BEVERAGE Cash Payment E 609-49750-253 Wine For Resale WINE $337.00 Invoice 41197 7/12/2005 Transaction Date 6/23/2005 Wells Fargo 10100 Total $337.00 Refer 71205 CENTERPOINT ENERGY (MINNEG Cash Payment E 222-42260-383 Gas UtiliUes 05-19-05 THRU 06-20-05 #543-004-921-200 $120.99 invoice 071205 7/12/2005 Cash Payment E 101-42110-383 Gas Utilities 05-19-05THRU 06-20-05#543-004-921-200 $80.66 Invoice 071205 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 Total $201.65 Refer 71205 CHAMPION AUTO Cash Payment E 101-43100-221 Equipment Parts LENS Invoice D326552 7/12/2005 Transaction Date 7/6/2005 Wells Fargo $7.44 101 O0 Total $7.44 Refer 71205 CITY HEIGHTS, INCORPORATED Cash Payment Invoice 17155 Cash Payment Invoice 17155 Transaction Date E 222-42260-460 Janitorial Services 7/12/2005 PO 18954 E 101-42t 10-460 Janitorial Services 7/12/2005 PO 18805 7/6/2005 WINDOW CLEANING WINDOW CLEANING Wells Fargo 10100 $306.19 $306.19 Total $612.38 Refer 71205 COCA COLA BOTTLING-MIDWEST Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 80924043 7/1 2/2005 Transaction Date 6/23/2005 Wells Fargo $656.30 10100 Total $656.30 Refer 71205 COLE DIRECTORY - 1987- CITY OF MOUND City of Mound Payments 07/07/05 8:54 AM Page 3 Current Period: July 2005 Cash Payment E 101-42110-200 Office Supplies 2005 MPLS DIRECTORY $318.95 Invoice 0388647-1N 7/12/2005 PO 18834 Transaction Date 6/29/2005 Wells Fargo 10100 Total $318.95 Refer 71207 COMPUTER CHEQUE Cash Payment E 609-49750-400 Repairs & Maint Contract 05-05 CHECK VERIFICATION $54.50 Invoice 106850505 7/12/2005 Transaction Date 6/28/2005 Wells Fargo 10100 Total $54.50 Refer 71205 COVERALL CLEANING CONCEPTS Cash Payment Invoice 97535 Cash Payment Invoice 97535 Cash Payment invoice 97736 Cash Payment Invoice 97736 Cash Payment Invoice 97736 Cash Payment Invoice 97736 Cash Payment Invoice 97736 Cash Payment Invoice 97736 Cash Payment Invoice 97736 Transaction Date E 222-42260-460 Janitorial Services 7/12/2005 E 101-42110-460 Janitorial Services 7/12/2005 E 101-41910-460 Janitorial Services 7/12/2005 E 222-42260-460 Janitorial Services 7/12/2005 E 101-42110-460 Janitorial Services 7112/2005 E 101-43100-460 Janitorial Services 7/12/2005 E 601-49400-460 Janitorial Services 7/12/2005 E 602-49450-460 Janitorial Services 7/12/2005 E 609-49750-460 Janitorial Services 7/12/2005 7/6/2005 06-17-05 SPECIAL CLEANING 06-17-05 SPECIAL CLEANING 07-05 CLEANING SERVICE 07-05 CLEANING SERVICE 07-05 CLEANING SERVICE 07-05 CLEANING SERVICE 07-05 CLEANING SERVICE 07-05 CLEANING SERVICE 07-05 CLEANING SERVICE Wells Fargo 10100 $854.98 $569.99 $1,166.18 $756.58 $504.38 $46.15 $46.15 $46.15 $199.15 Total $4,189.71 Refer 71205 CRYSTEEL DISTRIBUTING, INC. Cash Payment E 101-43100-404 Repairs/Maint Machinery 06-14-05 #404 REPAIRS $1,939.29 Invoice F20524 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $1,939.29 Refer 71205 CUSTOMIZED EMBROIDERY, INC Cash Payment E 101-42110-218 Clothing and Uniforms Invoice 1038 7/12/2005 PO 19080 Cash Payment G 101-22803 Police Reserves Invoice 1037 7/12/2005 PO 19079 Transaction Date 7/6/2005 Wells Fargo Refer 71205 DALCO Cash Payment E 496-46580-500 Capital Outlay FA ROOF LEAKS Invoice 021812 7/12/2005 Transaction Date 7/6/2005 Wells Fargo Refer 71205 DAVIES WATER EQUIPMENT Cash Payment E 601-49400-210 Operating Supplies METERS Invoice 3295129 7/12/2005 PO 19072 Cash Payment E 601-49400-221 Equipment Parts METERS Invoice 3295627 7/12/2005 EMBROIDER POLO SHIRTS CAPS RESERVES $188.00 $180.00 10100 Total $368.00 $275.OO 10100 Total $275.00 $775.32 $341.53 - 1988- CITY OF MOUND Cash Payment Invoice 3295124 Cash Payment Invoice 3294721 Transaction Date City of Mound Payments 07/07/05 8:54 AM Page 4 Current Period: July 2005 E 601-49400-221 Equipment Parts CREDIT-METERS *$704.73 7/12/2005 E 601-49400-221 Equipment Parts METERS $2,397.60 7/12/2005 6/23/2005 Wells Fargo 10100 Total $2,809.72 Refer 71205 DA Y DISTRIBUTING COMPANY Cash Payment E 609-49750-252 Beer For Resale BEER $1,760.75 Invoice 319786 7/12/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $1,327.57 Invoice 320999 7/12/2005 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $53.60 Invoice 321000 7/12/2005 Transaction Date 6/28/2005 Wells Fargo 10100 Total $3,141.92 Refer 71205 DELL MARKETING L.P. Cash Payment E 222-42260-210 Operating Supplies Invoice F20423566 7/2312005 PO 18975 Cash Payment E 222-42260-210 Operating Supplies invoice F17687914 7/23/2005 PO 18975 Cash Payment E 222-42260-210 Operating Supplies Invoice F19885535 7/23/2005 PO 18975 Date 7/6/2005 DISPATCH COMPUTER PRINTER CABLES LASER PRINTERS] Wells Fargo 10100 $519.72 $53.14 $210.87 Total $783.73 Refer 71205 DIAMOND VOGEL PAINTS Cash Payment E 101-43100-221 Equipment Parts Invoice 802-802072731 7/12/2005 PO 19075 Transaction Date 7~6/2005 TRAFFICE PAINT Wells Fargo 10100 $222.99 Total $222.99 Refer 71205 E-Z RECYCLING Cash Payment E 670-49500-440 Other Contractual Servic 07-05 CURBSIDE RECYCLING Invoice 8207 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 $8,326,48 Total $8,326.48 Refer 71205 EAST SIDE BEVERAGE Cash Payment E 609-49750-252 Beer For Resale BEER $33.00 Invoice 228180 7/12/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $5,072.50 Invoice 228179 7/12/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $5,784.00 Invoice 228273 7/12/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $329.00 Invoice 49220 7/12/2005 Transaction Date 6/28/2005 Wells Fargo 10100 Total $11,218.50 Refer 71205 EVERGREEN LAND SERVICES Cash Payment G 601-16300 Improvements Other Than BI 06-01-05 THRU 06-15-05 2355 CHATEAU $282.50 WATERTOWER Invoice 00-7136 7/12/2005 Transaction Date 6/23/2005 Wells Fargo 10100 Total $282.50 prefer 71205 EXTREME BEVERAGE Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MiX invoice 319546 7/12/2005 $64.00 - 1989- CITY OF MOUND Transaction Date 7/5/2005 · City of Mound Payments 07/07/05 8:54 AM Page 5 Current Period: ,July2005 ~ Wells Fargo 10100 Total $64.00 Refer 71205 Cash Payment Invoice 071205 Cash Payment Invoice 071205 Cash Payment Invoice 071205 Cash Payment Invoice 071205 Cash Payment invoice 071205 Transaction Date GLENWOOD INGLEWOOD E 222-42260-210 Operating Supplies 7/12/2005 E 101-43100-210 Operating Supplies 7/12/2005 E 601-49400-210 Operating Supplies 7/12/2005 E 602-49450-210 Operating Supplies 7/12/2005 E 101-41310-210 Operating Supplies 7/12/2005 7/6/2005 Wells Fargo Refer 71205 GRAINGERS, INCORPORATED Cash Payment E 602-49450-221 Equipment Parts BELT/MOTOR invoice 495-389542-4 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 06-05 WATER SERVICE $6.71 06-05 WATER SERVICE $20.44 06-05 WATER SERVICE $20.44 06-05 WATER SERVICE $20.45 06-05 WATER SERVICE $6.71 10100 Total $74.75 $162.14 10100 Total $162.14 Refer 71205 GREEN WITH ENVY LAWN CARE Cash Payment E 101-43100-440 Other Contractual Servic SIDEWALK SPRAYING $800.77 Invoice 6803 7/12/2005 Transaction Date 6/27~2005 Wells Fargo 10100 Total $800.77 Refer 71205 GRIGGS COOPER AND COMPANY Cash Payment E 609-49750-253 Wine For Resale WINE $1,373.73 Invoice 251454 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,878.47 invoice 251453 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $0.00 Invoice 251143 7/12/2005 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa CREDIT-MIX -$67.28 Invoice 669484 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$48.50 Invoice 669701 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$180.00 Invoice 869630 7/12/2005 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MiX $0,00 Invoice 254481 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $219.88 Invoice 254608 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $14,186.33 Invoice 254921 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $17,362.63 Refer 71205 HAWKINS, INCORPORATED Cash Payment E 601-49400-227 Chemicals HYDROFLUOSILICIC ACID $1,450.61 Invoice 716946 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $1,450,61 Refer 71205 HENNEPIN COUNTY SHERIFF'S A - 1990- CITY OF MOUND Cash Payment Invoice 642 Transaction Date City of Mound Payments 07/07/05 8:54 ~.M Page6 Current Period: July 2005 E 101-41600-450 Board of Prisoners 05-05 BOOKING FEE $1,064.63 7/12/2005 6/28/2005 Wells Fargo 10100 Total $1,064.63 Refer 71205 HENNEPIN COUNTY TREASUR (R Cash Payment E 101-41600-450 Board of Prisoners 05-05 ROOM AND BOARD $1,707.25 invoice 001026 7/12/2005 Transaction Date 6/23/2005 Wells Fargo 10100 Total $1,707.25 Refer 71205 HOHENSTEINS, INCORPORATED Cash Payment E 609-49750-252 Beer For Resale BEER $291.05 Invoice 363381 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 Total $291 Refer 71205 HOME DEPOT/GECF (PA/V) Cash Payment E 101-45200-220 Repair/Maint Supply LUMBER $30.63 invoice 029481/6012490 7/12/2005 PO 19074 Transaction Date 7~5/2005 Wells Fargo 10100 Total $30.63 Refer 71205 INFRATECH Cash Payment E 602-49450-220 RepaidMaint Supply CAMERA REPAIR $284.69 Invoice 0502010 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 Total $284.69 Refer 71205 JERRY'S TRANSMISSION SERVIC Cash Payment E 222-42260-409 Other Equipment Repair REPAIR #19 $405.87 Invoice 0005151 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 Total $405.87 Refer 71205 JOHNSON BROTHERS LIQUOR Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $176.30 Invoice 1917898 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1,018.10 Invoice 1917899 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1,000.10 Invoice 1917900 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,399.49 Invoice 1917901 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $352.24 invoice 1921379 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $782.25 Invoice 1921380 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $5,492.95 Invoice 1921381 7/12/2005 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $0.00 Invoice 1921382 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $10,221.43 Refer 71205 JUBILEE FOODS Cash Payment E 609-49750-430 Miscellaneous LIMES FOR RESALE $19.30 Invoice 0712905 7/12/2005 Date 7/5/2005 Wells Fargo 10100 Total $19.30 Refer 71205 KENNEDYAND GRAVEN - 1991 - City of Mound 07/07/05 8:54 AM Page 7 . / ~,~,,~ ~ Payments CITY OF MOUND - i - - Current Period: duly 2005 Cash Payment G 601-16300 Improvements Other Than BI 05-05 2355 CHATEAU WATERTOWER $2,110.18 Invoice 66402 7/12/2005 Cash Payment E 101-41600-300 Professional Srvs 05-05 MISCELLANEOUS' BILLABLE $22.00 Invoice 66372 7/12/2005 Cash Payment G 101-22908 Mound Harbor'Renaissance 05-05 MOUND HARBOR RENAISSANCE $649.00 Invoice 66372 7/12/2005 Cash Payment G 101-22908 Mound Harbor Renaissance 05-05 MOUND HARBOR RENAISSANCE $4,370.85 Invoice 66372 7/12/2005 Cash Payment E 401-46377-300 Professional Srvs 05-05 CTY RD 15 REALIGNMENT $112.00 invoice 66373 7/12/2005 Cash Payment E 101-41600-300 Professional Srvs 05-05 DREAMWOOD LAWSUIT $186.00 Invoice 66373 7/12/2005 Cash Payment E 401-43100-300 Professional Srvs 05-05 MARINA PROJECT $132.00 Invoice 66373 7/12/2005 Cash Payment E 401-43103-300 Professional Srvs 05-05 2005 STREET RECONSTRUCTION $895.20 Invoice 66373 7/12/2005 Cash Payment E 101-41600-300 Professional Srvs 05-05 EXECUTIVE $1,260.00 Invoice 66373 7/12/2005 Cash Payment E 101-41600-300 Professional Srvs 05-05 ADMINISTRATIVE $78.00 Invoice 66373 7/12/2005 Cash Payment E 101-41600-300 Professional Srvs 05-05 LEGION LIQUOR LICENSE #1128 $240.00 Invoice 66373 7/12/2005 Cash Payment E 496-46580-500 Capital Outlay FA 05-05 PUBLIC SAFETY BUILDING $330.00 Invoice 66373 7/12/2005 Cash Payment E 101-41600-314 Legal PNV 05-05 MISC PUBLIC WORKS $457.98 Invoice 66373 7/12/2005 Cash Payment G 101-23027 3061 Westedge,Serempa Su 05-05 3061 WESTEDGE BLVD 805-02 $240.00 Invoice 66373 7/12/2005 Cash Payment E 101-41600-316 Legal P & I 05-0 MISC P/Z $299.52 Invoice 66373 7/12/2005 Cash Payment E 101-41600-319 Legal/Docks 05-05 MISC DOCKS $60.00 Invoice 66373 7/12/2005 Transaction Date 6/23/2005 Wells Fargo 10100 Total $11,442.73 Refer 71205 KURTZ, JAMES Cash Payment E 101-42110-300 Professional Srvs REIMBURSE SERVICES Invoice 071205 7/12/2005 Transaction Date 6/28/2005 Wells Fargo 10100 $186.60 Total $186,60 Refer 71205 LAKE MANAGEMENT, INC. Cash Payment E 101-45200-400 Repairs & Maint Contract DUTCH LAKE TREATMENT Invoice 23920 7/12/2005 Transaction Date 7/5/2005 Wells Fargo 10100 $534.00 Total $534.00 Refer 71205 LAKER NEWSPAPER Cash Payment E 101-41110-351 Legal Notices Publishing 06-25-05 ORDINANCE 10-2005 $131,34 Invoice 071205 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $131.34 Refer 71205 LAKESHORE WEEKL Y NEWS Cash Payment E 601-49400-328 Employment Advertising 06-21-05 THRU 07-12-05 $19.20 Invoice 31192 7/12/2005 - 1992- CiTY OF MOUND Cash Payment Invoice 31192 Cash Payment Invoice 31192 Transaction Date City of Mound 07/07/05 8:54 AM Page 8 Payments Current Perlocl: July2005 . E 602-49450-328 Employment Advertising 06-21-05 THRU 07-12-05 $19.20 7/12/2005 E 281-45210-430 Miscellaneous 06-21-05 THRU 07-12-05 $9 ~60 7/12/2005 7/5/2005 Wells Fargo 10100 Total $48.00 Refer 71205 LEAGUE MN CITIES INSURANCE T Cash Payment Invoice 19793 Cash Payment Invoice 19793 Cash Payment Invoice 19793 Cash Payment Invoice 19793 Cash Payment invoice 19793 Cash Payment Invoice 19793 Cash Payment Invoice 19793 Cash Payment nvo ce 19793 Cash Payment invoice 19793 Cash Payment Invoice 19793 Cash Payment Invoice 19793 Cash Payment Invoice 19793 Cash Payment Invoice 19793 'Cash Payment invoice 19793 Cash Payment invoice 19793 Transaction Date E 101-41110-361 General Liability Ins 7/1212005 E 101-41310-361 General Liability Ins 7/12/2005 E 101-41500-361 General Liability Ins 7/12/2005 E 101-41600-361 General Liability Ins 7/12/2005 E 101-41910-361 General Liability Ins 7/12/2005 E 101-42110-361 General Liability Ins 7/12/2005 E 101-42115-361 General Liability Ins 7/12/2005 E 101-42400-361 General Liability Ins 7/12/2005 E 101-43100-361 General Liability Ins 7/12/2005 E 101-45200-361 General Liability Ins 7/12/2005 E 222-42260-361 General Liability Ins 7/12/2005 E 281-45210-361 General Liability Ins 7/12/2005 E 601-49400-361 General Liability Ins 7/12/2005 E 602-49450-361 General Liability Ins 7/12/2005 E 609-49750-361 General Liability Ins 7/12/2005 7/6/2005 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT 2ND QUARTER PAYMENT Wells Fargo 10100 Total $1,574.02 $426.45 $551.03 $100.62 $222.81 $3,174.39 $47.92 $551.03 $3,313.34 $747.48 $4,005.71 $443.22 $3,203.12 $3,203.12 $5,912.74 $27,477.00 Refer 71205 MAGNEY CONSTRUCTION, INCOR Cash Payment G 601-16300 Improvements Other Thar~ BI THRU 06-05 REQUEST #4 Invoice 071205 7/12/2005 Transaction Date 7/7/2005 Wells Fargo 10100 Total Refer 71205 MARK WI DISTRIBUTOR Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 812477 7/12/2005 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 812476 7/12/2005 Payment E 609-49750-252 Beer For Resale BEER Invoice 816329-B 7/12/2005 $158,550.86 $158,550.86 $17.60 $5,049.55 $267.00 - 1 993- City of Mound 07/07/05 8:54 AM ~'-~ ,=~.~'"'~ Payments Page9 CITY OF MOUND Current Period: July-2005 Cash Payment E 609-49750-252 Beer For Resale BEER $6,665.30 Invoice 815271 7/12/2005 Transaction Date 6/23/2005 Wells Fargo ~10100 Total $11,999.45 Refer 71205 MARLIN'S TRUCKING DELIVERY Cash Payment E 609-49750-265 Freight 06-16-05 DELIVERY CHARGE $t39.00 Invoice 15960 7/12/2005 Cash Payment E 609-49750-265 Freight 06-17-05 DELIVERY CHARGE $1.00 Invoice 15972 7/12/2005 Cash Payment E 609-49750-265 Freight 06-20-05 DELIVERY CHARGE $38.00 Invoice 15975 7/12/2005 Cash Payment E 609-49750-265 Freight 06-23-05 DELIVERY CHARGE $179.00 Invoice 15997 7/12/2005 Cash Payment E 609-49750-265 Freight 06-27-05 DELIVERY CHARGE $41.00 Invoice 19068 9 7/12/2005 Cash Payment E 609-49750-265 Freight 06-30-05 DELIVERY CHARGE $277.00 Invoice 16022 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 Total .$675.00 Refer 71205 MINNEAPOLIS DEPARTMENT HEA Cash Payment E 101-42110-305 Medical Services #05-1005 ANALYSIS $49.00 Invoice 05-001,005 7/12/2005 PO 19083 Transaction Date 7/6/2005 Wells Fargo 10100 Total $49.00 Refer 71205 MINNEHAHA CREEK WATERSHED Cash Payment G 101-22908 Mound Harbor Renaissance MAILING COSTS MOUND HARBOR $74.64 RENAISSANCE Invoice 071205 7/12/2005 Transaction Date 6/23/2005 Wells Fargo 10100 Total $74.64 Refer 71205 MINNESOTA COUNTYATTORNEY Cash Payment E 101-42110-203 Printed Forms DUI FORFEITURE FORMS $35.68 Invoice 14382 7/12/2005 PO 19046 Transaction Date 6/28/2005 Wells Fargo 10100 Total $35.68 Refer 71205 MINNESOTA POLLUTION CeNTRe Cash Payment G 101-22908 Mound Harbor Renaissan;e 03-23-05 THUR 06-28-05 MOUND HARBOR $4,050.00 Invoice VP 13570-B 7/1 2/2005 Cash Payment G 101-22908 Mound Harbor Renaissance RENAISSANCE 03-23-05 THRU 06-28-05 MOUND HARBOR RENAISSANCE Invoice VP16010-B 7/12/2005 Transaction Date 7/5/2005 Wells Fargo 10100 Total $4,950.00 Refer 71205 MINNESOTA PUBLISHING Cash Payment E 609-49750-340 Advertising 07-05 ADVERTISING Invoice 2505 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 $900.00 $90,00 Total $90.00 Refer 71205 MINNESOTA VALLEY TESTING I._A Cash Payment E 601-49400-227 Chemicals COLIFORM MF - WATER $77.50 Invoice 260607 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $77.50 Refer 71205 MINNETONKA cusTOM HOMES - 1 994- CITY OF MOUND City of Mound Payments 07/07105 8:54 AM Page 10 Current Period: July 2005 Cash Payment G 101-23046 6185 Sinclair Variance mtka CLOSE ESCROW $460.00 Invoice 071205 7/12/2005 Transaction Date 6/28/2005 Wells Fargo 10100 Total $460.00 Refer 71205 MINNETONKA PORTABLE DREDGI Cash Payment E 281-45210-533 Tree Removal ISLANDVIEW DRIVE TREE REMOVAL $1,450.00 Invoice 071205 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 Total $1,450.00 Refer 71205 MINNETRISTA, CITY OF Cash Payment E 101-42110-430 Miscellaneous CHAPLAIN SUPPLIES $93.87 Invoice 1137 7/12/2005 PO 19086 Transaction Date 7/6/2005 Wells Fargo 10100 Total $93.87 Refer 71205 NATIONAL WATERWORKS Cash Payment E 601-49400-220 Repair/Maint Supply CLAMPS $1,067.49 Invoice 2467160 7/12/2005 Cash Payment E 601-49400-221 Equipment Parts FLEX COUPLING $73.11 Invoice 2462691 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 Total $1,140.60 Refer 71205 NEXTEL COMMUNICATIONS (FIRE o Cash Payment E 222-42260-321 Telephone & Cells 06-22-05 CELL PHONES $67.66 invoice 071205 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 Total $67.66 Refer 71205 NS/I MECHANICAL CONTRACTING, Cash Payment E 101-41910-401 Repairs/Maint Buildings Invoice 69078 7/12/2005 Cash Payment E 101-41910-401 Repairs/Maint Buildings Invoice 69079 7/12/2005 Transaction Date 6/28/2005 06-15-05 SERVICE CALL 06-15-05 SERVICE CALL Wells Fargo 10100 $564.32 $846.78 Total $1,411.10 Refer 71205 PAUSTIS AND SONS WINE COMPA Cash Payment E 609-49750-253 Wine For Resale WINE $1,384.49 Invoice 8073100 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $202.50 Invoice 8073819 7/12/2005 Transaction Date 6/23/2005 Wells Fargo 10100 Total $1,586.99 Refer 71205 PEDERSON, GREG Cash Payment E 222-42260-210 Operating Supplies REIMBURSE PHOTOS $66.03 Invoice 071205 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 Total $66.03 Refer 71205 PEPSI-COLA COMPANY Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $140.40 Invoice 78357198 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $140.40 Refer 71205 PETERSON, ELMER J. AND COMP Cash Payment E 602-49450-440 Other Contractual Servic 06-08-05 PUMPED LIFT STATIONS 071205 7/12J2005 Transaction Date 6/27/2005 Wells Fargo 10100 $4,968.75 Total $4,968.75 - 1995- CITY OF MOUND City of Mound PaYments 07/07/05 8:5~ AM Page 11 Current Period: July 2005 Refer 71205 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $71,60 Invoice 2211469 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $443.35 Invoice 221147 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $61.95 Invoice 2113434 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $244.95 Invoice 2213929 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $768.70 Invoice 2213930 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total ,$1,590.55 Refer 71205 PRESS NEWS PUBLICATIONS Cash Payment E 601-49400-328 Employment Advertising 06-20-05ADMIN ASSISTANT $42,20 Invoice 02540979-001 7/12/2005 Cash Payment E 602-49450-328 Employment Advertising 06-20-05ADMIN ASSISTANT $42.20 Invoice 02540979-001 7/12/2005 Cash Payment E 281-45210-430 Miscellaneous 06-20-05 ADMIN ASSISTANT $21.10 Invoice 02540979-001 7/12/2005 Cash Payment E 601-49400-328 Employment Advertising 06-27-05 ADMIN ASSISTANT $42.20 Invoice 02540979-002 7/12/2005 Cash Payment E 602-49450-328 Employment Advertising 06-27-05 ADMIN ASSISTANT $42.20 Invoice 02540979-002 7/12/2005 Cash Payment E 281-45210-430 Miscellaneous 06-27-05 ADMIN ASSISTANT $21.10 Invoice 02540979-002 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 Total $211.00 Refer 71205 QUALITY WINE AND SPIRITS Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,359.39 Invoice 568977-00 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $895.55 Invoice 568968-00 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $127.50 Invoice 568653-00 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $263.59 Invoice 569087-00 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$7.05 Invoice 567901-00 7/12/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $209.81 Invoice 572017-00 7/12/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $488.62 Invoice 571543-00 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $3,337.4.1 Refer 71205 R.C. ELECTRIC, INCORPORATED Cash Payment E 101-41910-401 Repairs/Maint Buildings REPLACE BALLAST $136.84 Invoice 630 7/12/2005 Transaction Date 6/28/2005 Wells Fargo 10100 Total $136.84 Refer 71205 RANDY'S SAN/TAT/ON - 1996- CITY OF MOUND City of Mound Payments 07~07~05 8:54 AM Pag~ 12 Current Period: July 2005 Cash Payment E 101-41910-384 Refuse/Garbage Dispos 06-05 GARBAGE SERVICE $118.83 Invoice 1686-B 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $118.83 Refer 71205 SBC MINNCOMM PAGING Cash Payment E 222-42260-325 Pagers-Fire Dept. 07-05 PAGING SERVICES $104.40 Invoice 071205 7/12/2005 Transaction Date 7/6/2005 Wells Fargo 10100 Total $104.40 Refer 71205 SENTRY SYSTEMS, INCORPORA T Cash Payment E 609-49750-440 Other Contractual Servic 07-05 BURGLARY MONITORING $23.,54 Invoice 447135 7/12/2005 Cash Payment E 609-49750-440 Other Contractual Servic 07-05 O/C'S NO REPORTS $10.65 Invoice 447135 7/12/2005 Cash Payment E 609-49750-440 Other Contractual Servic 07-05 COMMERCIAL MONITORING $27.58 Invoice 447135 7/12/2005 Cash Payment E 609-49750-440 Other Contractual Servic 07-05 FIRE ALARM INSPECTION $10.65 Invoice 447135 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $72.42 Refer 71205 SEXTON, STEVE Cash Payment G 101-22976 3064 Alexander#03-52 Sub- REIMBURSE ESCROW Invoice 071205 7/12/2005 Payment G 101-23007 Erosion Control Escrow REIMBURSE ESCROW Invoice 071205 7/12/2005 Transaction Date 6/28/2005 Wells Fargo 10100 $1,000.00 $1,000.00 Total $2,000.00 Refer 71205 SHANKEN COMMUNICATIONS, IN Cash Payment Invoice 793828 Cash Payment Invoice 793828 Transaction Date E 609-49750-430 Miscellaneous 7/12/2005 E 609-49750-430 Miscellaneous 7/12/2005 7/5/2005 Refer 71205 SOUTHWEST TRAILS ASSOCIATIO Cash Payment G 101-22801 Deposits/Escrow invoice 606697908A 7/12/2005 Transaction Date 6/28/2005 06-15-05 PUBLICATION 06-30-50 PUBLICATION Wells Fargo 10100 Total 06-28-05 PAYMENT #EF00001628636 Wells Fargo 10100 Total $12,50 $12.50 $25.00 $10,627.69 $10,627.69 Refer 71205 SPEEDWA Y SUPERAMERICA (FIR Cash Payment Invoice 071205 Transaction Date E 222-42260-212 Motor Fuels 7/12/2005 7/6/2005 THRU 06-26-05 GASOLINE CHARGES Wells Fargo 10100 Total $291.18 $291.18 Refer 71205 SPEEDWAY SUPERAMERICA (PAN Cash Payment Invoice 071205 Cash Payment Invoice 071205 Cash Payment invoice 071205 Date E 101-43100-212 Motor Fuels 7/12/2005 E 601-49400-212 Motor Fuels 7/12/2005 E 602-49450-212 Motor Fuels 7/12/2005 6/28/2005 THRU 06-25-05 GASOLINE CHARGES THRU 06~25-05 GASOLINE CHARGES THRU 06-25-05 GASOLINE CHARGES Wells Fargo 10100 Total $1,320.96 $577.15 $669.21 $2,567.32 Refer 71205 SPEEDWA Y SUPERAMERIOA (PAR - 1997- CiTY OF MOUND Cash Payment E 101-42400-212 Motor Fuels Invoice 071205 7/12/2005 Cash Payment E 101-45200-212 Motor Fuels Invoice 071205 7/12/2005 Transaction Date 6/28/2005 City of Mound Payments 07/07/05 8:54 AM Page 13 Current Period: July 2005 THUR 06-26-05 GASOLINE CHARGES $112.47 THUR 06-26-05 GASOLINE CHARGES $1,005.55 Wells Fargo 10100 Total $1,118.02 Refer 71205 STREICHER'S Cash Payment E 101-42110-219 Safety supplies TRAINING AMMUNITION $100.64 Invoice 1276027 7/12/2005 PO 19077 Cash Payment E 101-42110-218 Clothing and Uniforms SERGEANT BADGES $200.00 Invoice 1274389 7/12/2005 PO 19085 Cash Payment E 101-42110-218 Clothing and Uniforms PATROL OFFICER BADGES $200.00 Invoice 275588 7/12/2005 PO 19085 Transaction Date 6/28/2005 Wells Fargo 10100 Total $500.64 Refer 71205 SUN NEWSPAPERS Cash Payment invoice 786501 Cash Payment Invoice 786501 Cash Payment Invoice 786501 Transaction Date E 601-49400-328 Employment Advertising 7/12/2005 E 602-49450-328 Employment Advertising 7/1 2/2005 E 281-45210-430 Miscellaneous 7/12/2005 7/5/2005 06-22-05 THUR 06-29-05 ADMIN ASSISTANT $153.60 06-22-05 THUR 06-29-05 ADMIN ASSISTANT $153.60 06-22-05 THUR 06-29-05 ADMIN ASSISTANT $76.80 Wells Fargo 10100 Total $384.00 Refer 71205 TENNS COURT DOCTOR Cash Payment Invoice 071205 Transaction Date G 101-22806 Park Dedication Fee 7/12/2005 PO 18912 6/27/2005 RESURFACE THREE POINTS PARK BASKETBALL COURT $3,800,00 Wells Fargo 10100 Total $3,800.00 Refer 71205 THORPE DISTRIBUTING COMPAN Cash Payment Invoice 377479 Cash Payment Invoice 377480 Cash Payment Invoice 376605 Cash Payment invoice 37974 Cash Payment Invoice 378166 Cash Payment Invoice 38096 Transaction Date E 609-49750-252 Beer For Resale 7/12/2005 PO 6 E 609-49750-252 Beer For Resale 7/12/2005 E 609-49750-252 Beer For Resale 7/12/2005 E 609-49750-252 Beer For Resale 7/12/2005 E 609-49750-252 Beer For Resale 7/12/2005 E 609-49750-252 Beer For Resale 7/1 2/2005 8/28/2005 BEER $93.25 BEER $3,931.30 BEER $2,992.00 BEER $278.00 BEER $285.00 BEER $370.50 Wells Fargo 10100 Total $7,950.05 Refer 71205 TOSHIBA COMPUTERS Cash Payment E 101-42110-210 Operating Supplies Invoice 1111450 7/12/2005 PO 19043 Cash Payment E 101-42110-210 Operating Supplies Invoice 1108878 7/12/2005 PO 19043 REPAIRS TOSHIBA FAX MACHINE $151.92 REPAIRS TOSHIBA FAX MACHINE $97.00 Transaction Date 6/2812005 Wells Fargo 10100 Total $248.92 Refer 71205 TWIN CITY OFFICE SUPPLY - 1998- CITY OF MOUND City of Mound Payments 07/07/05 8:54 AM Page 14 ~Current Perlo~l: July2005 Cash Payment E 101-42110-200 Office Supplies UNFRAMED DOOR SEE CREDIT #18751 $63.79 Invoice 456940-0 7/12~2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $63.79 Refer 71205 UNIFORMS UNLIMITED Cash Payment G 101-22803 Police Reserves RESERVE UNIFORM $71.52 Invoice 273122 7/12/2005 Transaction Date 6/28/2005 Wells Fargo 10100 Total $71.52 Refer 71205 WHEELER'S PHOTOGRAPHY Cash Payment E 101-42110-430 Miscellaneous ID CARD $14.91 invoice 1064-4 7/12/2005 PO 19082 Transaction Date 7/6/2005 Wells Fargo 10100 Total $14.91 Refer 71205 WINE MERCHANTS Cash Payment E 609-49750-253 Wine For Resale WINE $441.90 Invoice 128356 7/12/2005 Transaction Date 7~6~2005 Wells Fargo 10100 Total $441.90 Refer 71205 XCEL ENERGY Cash Payment E 101-43100-381 Electdc Utilities 05-21-05 THRU 06-20-06 #51-6002838-2 $145.56 Invoice 071205 7/12/2005 Cash Payment E 601-49400-381 Electric Utilities 05-21-05 THRU 06-20-06 #51-6002838-2 $145.56 I invoice 071205 7/12/2005 Cash Payment E 602-49450-381 Electric Utilities 05-21-05 THRU 06-20-06 #51-6002838-2 $145.56 Invoice 071205 7/12/2005 Cash Payment E 222-42260-381 Electdc Utilities 05-23-05 THRU 06-22-05 #51-6002831-5 $1,245.88 Invoice 071205 7/12/2005 Cash Payment E 101-42110-381 Electric Utilities 05-23-05 THRU 06-22-05 #51-6002831-5 $830.59 Invoice 071205 7/12/2005 Cash Payment E 101-41910-381 Electric Utilities 05-23-05 THRU 06-22-05 #51-6002830-4 $1,455.22 Invoice 071205 7/12/2005 Cash Payment E 601-49400-381 Electric Utilities 06-28-05 LIFT STATIONS #51-4857247-6 $131.24 invoice 071205 7/12/2005 Cash Payment E 101-45200-381 Electric Utilities 05-26-0 TO 06-27-05 #51-6380809-7 $205.30 invoice 071205 7/12/2005 Cash Payment E 101-45200-381 Electdc Utilities 05-26-05 THRU 06-27-05 #51-4322305-4 $81.43 invoice 071205 7/12/2005 Transaction Date 6/27/2005 Wells Fargo 10100 Total $4,386.34 - 1999- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 coMMONS DOCKS FUND 401 GENERAL CAPITAL PROJECTS 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND City of Mound Payments 07/07~05 8:54 AM Page 15 Current Period: July 2005 10100 Wells Fargo $58,646.23 $9,015.91 $2,021.82 $211,408.11 $605.00 $170,874.43 $9,819.40 $90,758.84 $8,326.48 $561,476.22 Pre-Wdtten Check Checks to be Generated by the Compute Total $0.00 $561,476.22 $561,476.22 -2000- $50/day Permit Fee $25/day Permit Fee for non-profit orgs, Limited to Ten Consecutive Days Only Four Per Year to any Organization Days License Is To Be Used: LICENSE # CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 TEMPORARY ON-SALE 3.2 MALT LIQUOR PERMIT Event: ~. '~l/2._l'T'- 0P 'T/4e 2(:t-~-"r~Date(s) of Event: ~J_/./ Address of Event: 1~ ~~ ~1~ ~'~ ~'Z... t~___ Chairperson 0f Organization: ---'/~,:"~ ~'' '~ W~ ~ Address: ~ x, .., Home Phone: Work Phone: 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 Date ' Applicant's Signature Date Approval - City Clerk Date Approval - Police Dept. -2001- Engineering ~' Planning · Surveying July 5, 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. 2 for work completed through June 28, 2005 on the subject project. The amount of this payment request is $208,693.91. 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: Carlton Moore, Public Works Director Gino Businaro, Director of Finance Enclosure s:Lmain:Wlou 15000Xhansonpart-payT-5 -2002- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 , fax 763/476-8532 e-mai/: mfra@mfra, com w Z ~ 8 o ~ o z ~o~ ~ ~ °zb zm ~o w tr. o >- rr <5 -2003- w rt. n-' i- 7 © 88 8 o o 88 8 o o 88 8 ~c~ c~ 88 ~ 88 88888888888 8 ooooooooooo o~oooo~o~ooooo ~ 88888888888 8 000000000000000 00000000000 ddddddddddd 88888888888 8 00000000000 ~8888888888888~ 8 ~~8~8~88~ ~ ~888~88888888~ ~888~888888 -2004- o o ~ o o 8o88o88~8o88o8 ~o~ooooooooooo 8888888~888888 ~0000000000000 dd'd~d~dd 8888888~888888 ddddd~d~ddd~d~ ooooo~o~ooo~ 8888888~888888 888~8~8o~ .... 888888888888~888~88888888888 ~ oooooooooooooooooooooooooooo 28822288 oooooooo 2888828888882888~82288888888 ~ 88888882 ~~ '~~~~8 ~ ~ ~ ~~ oooooooooooooooooooooooooooo dddd~ddddbdd~ddd~dddd~d~ddddo ~ oooooooooooooooooooooooooooo 6dddddddbddddd6dddc~ddddddd o oo o~ o~O~o8~o8o8888 88o88oo8o~8o.~OO o~o d 'ddd~ '~dd~d~ ' 'dd~d ' 8~8~8~~8~88o~o8 00000000 ddddddd5 8888~°~°88 8 ~ 8888°°88~ Engineering · Planning · Surveying July 5, 2005 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Well #8 Pumphsuse Partial Payment MFRA #13313 Dear Ms. Hanson: Enclosed is Magney Constmction's Payment Request No. 4 for work completed through June 30, 2005 on the subject project. The amount of this payment request is $158,550.86. 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. Carlton Moore, Public Works Director Gino Businaro, Finance Director Enclosure s:'maain:Wlou13313Xhansonpart-pay7-5 -2006- 15050 23rd Avenue North · Plymouth, Minnesota . 55447 phone 763/476-6010 · fax 763/476-8532 e-mai/: mfra@mfra, com APPLICATION FOR PAYMENT NO. 4 To: City of Mound (OWNER) From: Magne¥ Construction, Inc. 1401 Park Road, Chanhassen, ~ 55317 (CONTRACTOR) Contract: General Construction Project: Well No. § Pump House in Mound, MN OWNER'S Contract No. ENGINEER'S Project No. For Work Accomplished through the Date of: 6-30-05 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: $ 21,587.58 5% of stored material: $ 523.35 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 $442,218.60 $ 22,110.93 $420,107.67 $261,556.81 $158~550.86 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 4 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 OW~NER 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. State of~County of My Co~ssion ex~s: ~ , ~/~ff~/~ ~alne~ Inc'~ Mark C Magney - President ,2005. Payment of the above AMOUNT DUE THIS APPLICATION is recommended. City of Mound (Owner) ~O~j~ c~(Engineer) By..... Date__ By ~ ~ . -2007- oo§ 0000~00000 ~000 ~ ~ 00000 ~ o ~ 000000 ~ ~ ~ ~ -~ ~ ddddd ~ ~ ZZZZZ .~ ~ ~oo 000000 · ...... 00000 '0 ..~ 0 -2008- ) 00~ ~00000~ 000 O00~ 000~0~00000000000 000000000~000000000000~000000000~0 ~ O~ ~0~000~ 00~0000~0~0~~0~~~ ~ 00000000000000000000000~000000000~0 -- 000000~000000000000000000000000000 ~ ~ 00~0 ~ ~~0~~0~0~0~0~~~ 000000~0~000000000000~000000000000 00000000000000000000000000000000000 00~00000~00~0000000000000000000000 0 = == o o~-w~~ Z -2009- GLEWWE DOORS INC 935 APOLLO ROAD EAGAN, MN' 55121 651-456-9194 Date 612012005 Invoice Invoice # 121183 Bill To MAGNEY CONSTRUCTION 1401 PARK ROAD CHANHASSEN, MN 55317 Ship To MOUND PUMP HOUSE MOUND, MN FILE 05 2027 BS MN PO # 279 8100 P.O. Number Terms Rep Ship Via F.O.B. Project Net 30 Days 6/20/2005 Truck Eagan 052027-MOUND PUMP HO... Quantity Item Code Description Price Each Amount FH ADD FOR HARDWARE 3 PUSH BUTTON LOCKS LETTER 1,512.68 1,512.68T OF 5-10-2005 Minnesota Sales Tax 6.50% 98.32 " ' 'RECEIVED ..':..:/¥T.~,. :."."::.i.',~ ........ /::/',". -,.-_ .... ::" _"L~:.:':: .l~.l~ 7_ 3 Total $~,611.oo -2010- CRAWFORD DOOR SALES OF THE TWIN CITIES P.O. BOX 18143 West St. Paul, Minnesota 55118 CRAWFORD Phone: (651) 455-1221 FAX: (651) 455-9559 Dai'.e Ccml::,] e't'.e,:l ()5./'/.'!::L./'2'30'5 ['f:er¢..',~'~ cx.:.:,~ S,::.:,rvi ce Orders l .', ,: "?t:*~ / F'AGE U I F:'r:Lmary Job .?.:i. te Ir'~"¢:or'ma't:i. on:: WEL. I....',48 6 ! 2 ',": E V Iii: F:..'(3R l!i:lii: N F:.: 0 A ~.'., M 0 U h! D M I'-.1 :L,()0:~)0 C".(:)O!<SC}N F:' :C~ :!. O. .. :L 2':L X 3'5 F:'tF;;iZ ;0001::~ GRAY % X 3 AN(EiI...I!i: SIL. 1... F:'I.J. SE: f... :1: I',i K F:'OW ....... ".r'~,.-".',-' I ' I I"i ..'::,, ... i ' H", i ;t. ,. 0000 QUC',"¥'E:D AL. BI L.L.I NG EINL. Y ,: ;'; 3, 5 -? -? 0,.~ I Sa:Les Ta× ', ....................... -2011 -2012- -2013- C~ '-t- IT! -'-! SENT BY: BOSTR0U SHEET METAL; 651 646 8081; JUN.24.05 §:43AM; TO: ~AONEY AT: §5~-474.t67§ PABE ;.....:~.,...:, ...................... ,.:.-??..:.~:~:~. BOSTROM SHEET METAl, WORK;S, INC. 731 RlmlM~n Avenue Pbof~e: (651)646- 7475 St. Paul, MN $51i4 INVOICE 7090 DatB: 646 - ~/2GI21N)S 1/2 MAGNEY CONSTRUCTION, INC. 1401 PARK ROAD CHANA88EN, MN 66317 MOUND WELL HOUSE PROGRE88 BILL MOUND WELL HOUSE #8 PUMPHOUSE ORIGINAL CONTRACT AMOUNT CHANGE ORDER #1 - DEDUCT REVISED CONTRACT AMOUNT S26,171.00 1,171.00 $25.001.00 AMOUNT EARNED LESS PREVIOUS BILLINGS SUBTOTAL LESS 5% RETAINAGE AMOUNT DUE $20,85700 11.028.~9 9,8929.0O 491.4G $9,337.55 tiosnom Sheel Melld Works Invoicc -2014- SENT BY: BOSTROM SHEET METAL; 651 646 808t; JUN-24-05 9:43AM; PAGE 2/2 -2015- 06121/2805 11: 27 7634793745 ELECT INST MAINT PAGE 81182 " ~ ~ ~i · ~1~~ * wo ~ ~ -2016- 06/21/2005 11:27 76347937d5 ELECT INST MAINT PAGE 02/02 -2017- INVOICE PAGE: ELECTRICAL INSTALLATION & MAINT. CO 1480 COUNTY ROAD 90 MAPLE PLAIN, MN 55359 INVOICE NUMBER: 0007044-IN INVOICE DATE: 06/21/05 (763) 479-3744 MAGNEY CONSTRUCTION, INC. 1401 PARK ROAD CHANHASSEN MN CONTACT: 55317 JOB NUMBER: 3364-003 CUSTOMER P.O.: TERMS: NET 30 DESCRIPTION AMOUNT MOUND PUMPHOUSE APPLICATION #3 BILLING THISAPPLICATION LESS RETAINAGE @ 5% 106,790.00 5,339.50- RECEIVED INVOICE TOTAL: 101,450.50 -2018- -2019- -2020- July 5, 2005 City of Mound Carlton Moore, Public Works Director 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: Well #8 Pumphouse Change Order #5 MFRA #13313 Carlton: Please see the attached change order #5 for the Well #8 Pumphouse. The change order will include the contractor installing and providing a concrete pad for the generator set. The contractor will extend the below grade conduits to the generator set, make the final connections, and furnish up to 400 gallons of diesel fuel. The change order will result in an addition of $9,687.67 to the contract price. If you have any questions or need additional information, please contact me. Sincerely, MFRA R~~be~~F. Dehler, P.E. Enclosures -2021 - CHANGE ORDER NO. City of Mound Well #8 Pumphouse MFRA #13313 The additional work under this change order will include: 1. The contractor will provide and install a concrete pad for the generator set. The contractor will also install the generator set on the pad. The City will purchase the generator directly and have it delivered to the job site; the contractor will unload the generator from the delivery rock and place it on the concrete pad. 2. The contractor will extend the below-grade conduits the rest of the way to the generator set and will furnish and install the power and control cables and make final connections. The generator supplier will be responsible for starting up the generator after it has been installed. 3. The contractor will furnish up to 400 gallons of diesel fuel for the generator set. ADD $ 9,687.67 There is no change to the contract completion date of August 15, 2005. TOTAL THIS CHANGE ORDER ADD $ 9,687.67 ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 CHANGE ORDER NO. 2 CHANGE ORDER NO. 3 CHANGE ORDER NO. 4 CHANGE ORDER NO. 5 $ 728,500.00 ($ 104,805.00) $ 10,479.00 $ 1,716.92 $ 3,422.40 $ 9,687.67 REVISED CONTRACT AMOUNT $ 649,000.99 APPROVED: ACCEPTED: City of Mound BY: DATE: RECOMMENDED: s:h'nain:Wlou 13313kspecs\Change Order No. 5 -2022- CITY OF MOUND 5341 MA"~NOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com July 7, 2005 To: City Mayor and City Council From: Kandis Hanson, City Manager Gino Businaro, Finance Director/Treasurer Re: Insurance Liability Coverage, Resolution not to waive statutory tort limits The City Council must decide if the City of Mound does or does not waive the statutory tort limits. In the past, on an annual basis, the Council has not waived the statutory tort limits. With this resolution the Council would elect not to waive the statutory tort liability established by Minnesota Statutes 466.04. Such election would be effective until amended by further resolution of the Mound City Council. Administration recommends approval of this resolution and if you have questions on this action please call me at 952-472-0608 or City Manager Kandis Hanson at 952-472-0609. Attached please find additional information provided by the League of Minnesota Cities Insurance Trust on this topic and a summary of the 2004 and 2005 insurance premium. __[ printed on recycled paper 2023- CITY OF MOUND RESOLUTION NO. 05- RESOLUTION MAKING A SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PURPOSES WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04; and WHEREAS, the choices available are; to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota, to hereby elect not to waive the statutory tort liability established by Minnesota Statutes 1466.04; and, that such election is effective until amended by further resolution of the Mound City Council. Adopted by the City Council this 12th day of July, 2005. Attest: Bonnie Rifler, City Clerk Mayor Pat Meisel -2024- LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LIABILITY COVERAGE - WAIVER Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000.on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits, do not apply are not affected by this decision. This decision must be made by the city council. -2025- LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LIABILITY COVERAGE - WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000.on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMClT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. accepts liability coverage limits of $ Minnesota Cities Insurance Trust (LMCIT). from the League of Check one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature/Date Position Return th/s comp/eted form to LMCI'I~, 145 Un/vers/ty Ave. W., St. Paul, MN. 55103-2044 LMCIT (11/00)(Rev.11/03) - 2026- Page 1 of I Market Premium Summar,y Coverages Expiring Company 1 Company2 Company3 Property $14,794 $20,916 Boiler & Machinery 3,108 3,022 Inland Marine 3,118 3,923 Employee Dishonesty 1,197 1,1' 75 General Liability 46,176 46,154 Foreign Liability Commercial Auto 30,787 34,718 Subtotal $99,180 $109,908 $0 $0 Worker's Compensation 53,505 82,910 Umbrella/Excess Liability Liquor Liability 4,748 4,950 Group Self Insd Acc Plan Open Meeting Law 590 589 Grand Total $158,023 $198,357 $0 $0 Notes and highlights: 1. Payment Plan: Direct Bill 2. Carriers [--] Admitted [~ Nonadmitted Q:\Cities\Mound~005\Summary 2005.03.22.Doc -2027- RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF APPROXIMATELY $3,875,000 TAXABLE GENERAL OBLIGATION TEMPORARY TAX INCREMENT BONDS, SERIES 2005D; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Mound, Hennepin County, Minnesota (the "City") as follows: Section 1. Purpose of Bonds. 1.01. Findings and Determinations. (a) The City and the Housing and Redevelopment Authority in and for the City of Mound have duly established the Mound Harbor Tax Increment Financing District (the "TIF District") within the Mound Harbor Project Area (the "Mound Harbor Project Area") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended, and Sections 469.174 through 469.1799, as amended (collectively, the "TIF Act"). (b) The City has found and determined that it is necessary to provide temporary financing for the clean up and remediation of a former landfill site within the TIF District (the "Project") to allow for the development of a mixed use housing and retail project in the TIF District. (c) The City is authorized by section 469.178 of the TIF Act to issue and sell its general obligations to pay all or a portion of the public redevelopment costs (the "Costs") related to the TIF District as identified in the tax increment financing plan for the TIF District. The City is further authorized by the provisions of Minnesota Statutes, Section 475.61, Subdivision 6 to issue and sell its temporary obligations in anticipation of the issuance of definitive bonds to pay the Costs of the Project. (d) The City finds that it is necessary and expedient to the sound financial management of the affairs of the City to issue approximately $3,875,000 Taxable General Obligation Tax Increment Bonds, Series 2005D (the "Bonds") to provide temporary financing for the Costs of the Project. 1.02. Covenant to Issue Definitive Bonds. In accordance with its statutory duties under Minnesota Statutes, Section 475.61, Subdivision 6, the City covenants and agrees with the holders of the Bonds that if the Bonds cannot be paid at maturity from the proceeds tax increment revenues or other revenues derived from the TIF District or from other funds appropriated by the City Council, the Bonds will be paid from the proceeds of definitive obligations (the "Definitive Bonds") which will be issued and sold prior to the maturity date of the Bonds. 2 -2028- Section 2. Sale of Bonds. 2.01. Acceptance of Offer. The proposal of (the "Purchaser") to purchase the Bonds, in the original aggregate principal amount of $ , described in the Official Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ ., plus accrued interest to the date of delivery, for Bonds bearing interest at a rate per annum of__% and maturing on February 1, 2008. The City Manager is directed to deposit the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The sum of $ being the amount offered by the Purchaser in excess of $ will be credited to the Debt Service Fund created by Section 5 hereof. 2.02. Issuance of Bonds. The City will forthwith issue and sell the Bonds pursuant to the TIF Act, and Minnesota Statutes, Chapter 475, as amended (the "Municipal Debt Act") in the total principal amount of $ ., originally dated as of August 1, 2005, the Bonds being in fully registered form and issued in the denomination of $5,000 each or any integral multiple thereof, numbered No. 1, bearing interest as above set forth, and maturing on February 1, 2008. 2.03. Optional Redemption. The City may elect on February 1, 2006 and on any day thereafter to prepay Bonds due on February 1, 2008. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company, New York, New York ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments will be at a price of par plus accrued interest to the date of redemption Section 3. Registration and Payment. 3.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2006, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 3.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the -2029- registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. 4 -2030- (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than sixty (60) and not less than thirty (30) days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 3.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this City Council, the Finance Director of the City (the "Finance Director") will transmit to the Registrar money sufficient for the payment of all principal and interest then due on the Bonds. 3.05. Execution, Authentication, and Delivery_. The Bonds will be prepared under the direction of the Finance Director and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Finance Director will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 3.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 4 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. 5 -2031- Section 4. Form of Bond. 4.01. The Bonds will be printed or typewritten in substantially the following form: No. R- [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND TAXABLE GENERAL OBLIGATION TEMPORARY TAX INCREMENT BOND SERIES 2005D Interest Maturity Date of Original Rate Date Issue CUSIP February 1, 20 Augustl, 2005 Registered Owner: Cede & Co. Principal Amount: Dollars The City of Mound, Minnesota, a duly organized and existing home rule city and political subdivision of the State of Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum specified above on the maturity date specified above, with interest thereon from the date hereof at the annual interest rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2006, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2006 and on any date thereafter to prepay Bonds due on February 1, 2008. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest to the date of redemption. 6 -2032- This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on July 12, 2005 (the "Resolution"), for the purpose of providing money to aid in financing public development costs in the Mound Harbor Tax Increment Financing District established within the Mound Harbor Project Area in the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 through 469.1799, as amended, and Minnesota Statutes, Chapter 475, as amended, and the principal hereof and interest hereon are payable from tax increment revenues resulting from increases in taxable valuation of real property in the Mound Harbor Tax Increment Financing District as set forth in the Resolution to which reference is made and from the proceeds of definitive bonds the City has obligated itself to issue and sell pursuant to the Resolution, which proceeds, in total, are sufficient to pay the interest on and principal of the Bonds of this issue, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond, and the City Council has obligated itself to levy taxes on all of the taxable property in the City in the event of any deficiency in tax increment revenues and definitive bond proceeds pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. (The remainder of this page is intentionally left blank.) 7 -2033- IN WITNESS WHEREOF, the City of Mound, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF MOUND, MINNESOTA (facsimile) Mayor (facsimile) City Manager CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By Authorized Representative (The remainder of this page is intentionally left blank) 8 -2034- The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common JT TEN-- as joint tenants with right of survivorship and not as tenants in common TEN ENT -- as tenants by entireties UNIF GIFT MIN ACT -- Custodian (Cust) (Minor) under Uniform Gifts or Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. (The remainder of this page is intentionally left blank.) 9 -2035- ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premise. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee (The remainder of this page is intentionally left blank.) 10 -2036- PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration August ,2005 Registered Owner Cede & Co. Federal ID # 13-2555119 Signature of Registrar (The remainder of this page is intentionally left blank) 11 -2037- 4.02. Bond Counsel Opinion. The City Manager will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and will cause the opinion to be printed on or accompany the delivery of each Bond. Section 5. Payment; Security. 5.01. Debt Service Fund. The Bonds are payable from the Taxable General Obligation Temporary Tax Increment Bonds, Series 2005D Debt Service Fund (the "Debt Service Fund") hereby created, and the Tax Increment Revenues, as defined in Section 1 hereof, and the proceeds of the Definitive Bonds, as defined in Section l hereof, are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the Tax Increment Revenues and the proceeds of the Definitive Bonds, when received. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price of the Bonds paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds, if any. 5.02. Deposit of Proceeds and General Fund Money to Debt Service Fund. There is hereby appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any portion of the pUrchase price of the Bonds in excess of $ ., and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds, if any. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Manager will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the Tax Increment Revenues and the proceeds of the Definitive Bonds, when received. 5.03. Application of Proceeds. The proceeds of the Bonds, less the appropriations made in Section 5.02, will be deposited in a separate project fund (which may contain separate accounts or subaccounts) to be used solely to defray the public redevelopment costs of the TIF District and the payment of interest on the Bonds prior to the receipt of the Tax Increment Revenues and the proceeds of the Definitive Bonds. Any balance remaining in the project fund after payment of all public redevelopment costs of the TIF District may be used to pay such other costs of the City that are determined to be appropriate by the City Manager and that are determined to be authorized by applicable law by the City Attomey. 5.04. Pledge Agreement. A Pledge Agreement between the Housing and Redevelopment Authority in and for the City of Mound, Minnesota (the "Authority"), and the City (the "Pledge Agreement") is hereby approved and shall be executed in substantially the form on file with the City, with such additions, deletions, and other changes as are approved by the City Manager. The Pledge Agreement is to be executed and delivered in order to satisfy the requirements of Minnesota Statutes, Section 469.178, subdivision 2, and Sections 475.58, subdivision 1, and 475.61, subdivision 1, of the Act. The Pledge Agreement creates rights in the City and the Authority but is not intended to create duties or obligations of the City or the Authority to any other persons (including the beneficial or registered owners of the Bonds) with respect to the Tax Increment Revenues or other revenues described or referenced in the Pledge Agreement, except to the extent required by applicable law, and is not intended to create rights in or claims by any other persons (including the beneficial or registered owners of the Bonds) with respect to the Tax Increment Revenues or other revenues described or referenced in the Pledge Agreement, except to the extent required by applicable law. 12 -2038- 5.05. Debt Coverage. It is hereby determined that the Tax Increment Revenues and the proceeds of the Definitive Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds, therefore, no levy of taxes is required at this time. 5.06. Filing of Resolution. The City Manager is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County, exercising the powers of the county auditor under Minnesota Statutes, Section 475.63, and to obtain a certificate as to the registration of the Bonds. Section 6. Authentication of Transcript. 6.01. Transcript. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 6.02. Official Statement. The Mayor, City Manager, and Finance Director are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is, as of the date thereof, a complete and accurate representation of the facts and representations made therein as it relates to the City. 6.03. Other Certificates. The Mayor and City Manager are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless lkigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor and the City Manager shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Mayor and City Manager shall also execute and deliver a certificate as to payment for and delivery of the Bonds. Section 7. Book-Ent _ry System; Limited Obligation of Ci _ty. 7.01. Book Entry Bonds. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. The Depository Trust Company. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the 13 -2039- delivery to any participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a ~written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co." will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Ent~_ System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds (the "Continuing Disclosure Certificate"). Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing 14 -2040- Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 9. Tax Covenants. 9.01. General Tax Exemption Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Intemal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all atTu'mative action within its power that may be necessary to ensure that such interest will not become subject to federal income taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 9.02. Private Activity Bond Status. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code and Treasury Regulations Sections 1.141-1 to 1.14 I. 14. 9.03. Arbitrage. No portion of the proceeds of the Bonds will be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (ii) in addition to the above, in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under Section 148 of the Code, and Treasury Regulations, Sections 1.148-1 to 1.148-10, may be invested without regard as to yield, will not be invested at a yield in excess of the applicable yield restrictions imposed by the forgoing arbitrage regulations on such investments after taking into account any applicable temporary periods or minor portion made available under such arbitrage regulations. 9.04. Federally Guaranteed. The proceeds of the Bonds will not be invested in obligations or deposits issued by, guaranteed by, or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 10. Miscellaneous. 10.01. Costs of Issuing Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. (The remainder of this page is intentionally left blank) 15 -2041 - The motion for the adoption of the foregoing resolution was duly seconded by Member ., and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 16 -2042- STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF MOUND ) I, the undersigned, being the duly qualified and acting Clerk of the City of Mound, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the City Council of the City held on July 12, 2005 with the original minutes on file in my office and the extract is a full, true, and correct copy of the minutes insofar as they relate to the issuance and sale of $ Taxable General Obligation Tax Increment Bonds, Series 2005D of the City. WITNESS My hand officially as such Clerk and the corporate seal of the City this ~ day of ., 2005. City Clerk Mound, Minnesota (SEAL) MU200-127 (JAE) 265095v.2 -2043- THIS PAGE IS INTENTIONALLY LEFT BLANK -2044- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 EXECUTIVE SUMMARY TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: July 7, 2005 SUBJECT: Conditional Use Permit / Variance - Drive-Thru Window for Snyder's Drug Store in Mound Marketplace, 2125-2129 Commerce Boulevard APPLICANT: Dave Leonard, Snyder's Drug Stores, Inc. OWNER: Mound Marketplace, LLC PLANNING CASE NUMBER: 05-36 PID: 14-117-24-41-0088 LOCATION: 2125-2129 Commerce Boulevard ZONING: Destination District COMPREHENSIVE PLAN: Business and Mixed-Use (Auto Destination) REQUEST SUMMARY The City Council will hold a public to review an application from Dave Leonard, on behalf of Snyder's Drug Stores, Inc for a conditional use permit (CUP) and variance to allow installation of a drive-up / pick-up window to be constructed on the west side of the "freestanding building" in the Mound Marketplace Shopping Center. According to City Code Section 350:652, Subd. 3, drive-in retailing establishments are allowed in the Destination District by conditional use. City Code Chapter 350:310, Subd. 38 describes a "drive-in" as follows: "Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regard/ess of whether service is also provided with a building.' Members of the City Council are advised that drug stores are a permitted use in the Destination District. PROJECT BACKGROUND Details regarding the project are contained in Planning Report No. 05-36 which has been included as an attachment. -2045- REVIEW CRITERIA Conditional Use Permit. In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed land use upon the health, safety, morals and general welfare of occupants of surrounding lands. Members of the Planning Commission are advised that the conditional use permit review criteria are contained in City Code Chapter 350.525 Subd. 1. City Code Chapter 350.525 Subd. 3 (B) requires that all requests for conditional use permits are reviewed by the Planning Commission. Additionally, City Code Chapter 350.535 Subd. 3 (C) requires that a public hearing is held by the City Council. Procedurally, state statute requires that the planning agency and/or governing body must hold a public hearing on all requests for conditional use permits and further requires that a Notice of Public Hearing is published at least (10) days in advance of the public hearing and is also mailed to all property owners within (350) feet. The official public hearing notice was published in the Laker on July 2, 2005 and mailed to all property owners pursuant to state statute on or around June 30th. Therefore, all publication and mailing requirements have been satisfied. Variance. City Code Section 350:530 Subd. 1 outlines the criteria for granting variances in the City of Mound and generally states that a variance to the provisions of the Zoning Ordinance may be issued to provide relief to the landowner in those areas where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his or her land. PLANNING COMMISSION OVERVIEW. Details regarding the Planning Commission's review of the CUP are included in the June 20th PC meeting minute excerpts which have been included as an attachment. In general, the Planning Commission was favorable to the request and unanimously voted to recommend approval subject to conditions as recommended by Staff. The Planning Commission also discussed that the performance criteria contained in the City Code 350.775 for "Drive-in Business Development Standards" and commented that the regulations appear to be geared to "larger scale" drive-thru operations such as an outdoor movie theatre or restaurant (ie. Minnetonka Drive Inn) and several do not apply to the current request. Based on review by Staff, the proposal meets the applicable review criteria with the exception of City Code Chapter 350.775, Subd. 5, (A) which requires drive-ins to be located more than (400) feet from churches, schools and residential districts. At the meeting, it was noted that performance criteria issue(s) could be addressed with the findings with the CUP. However, the City Attorney has advised that a variance should be included in the CUP resolution to address the aforementioned criteria. A draft resolution has been prepared for review and consideration by the City Council. -2046- CITY OF MOUND RESOLUTION # 05- RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FROM SNYDERS DRUG STORES INC. TO ALLOW INSTALLATION OF A DRIVE-UP PICKUP WINDOW IN THE FREESTANDING BUILDING IN MOUND MARKETPLACE SHOPPING CENTER LOCATED AT 2125-2129 COMMERCE BOULEVARD PLANNING CASE NO. 05-36 PID NO. 14-117-24-41-0088 WHEREAS, the applicant, Dave Leonard, on behalf of Snyder's Drug Stores is requesting conditional use permit (CUP) approval to allow installation of a drive-up pick-up window to be constructed on the west side of the "freestanding building" in the Mound Marketplace Shopping Center; and WHEREAS, drug stores are a permitted use in the Destination District; and WHEREAS, according to City Code Section 350:652, Subd. 3, drive-in retailing establishments are allowed in the Destination District by conditional use; and WHEREAS, City Code Chapter 350:310, Subd. 38 describes a "drive-in" as follows: "Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether service is also provided with a building." WHEREAS, the performance criteria for drive-in businesses are contained in City Code Chapter 350.775 and the proposal also requires variance approval from City Code Chapter 350.775.Subd. 5 (A) as the pick-up window is located within 400 feet of a church; and -2047- WHEREAS, as required by the City Code, application was reviewed by the Planning Commission on June 20, 2005 who unanimously recommended approval as recommended by Staff subject to conditions; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City does hereby approve conditional use permit request to allow a drive- up pickup window for Snyder's Drug Stores as requested subject to the following conditions: A. Building permit(s) shall be required including the submittal of all required information. B. As constructed, hardcover on the Mound Marketplace property following installation of the proposed improvements and/or alterations must be consistent with the original project approvals. C. Applicant shall be responsible for payment of all costs associated with the land use request. D. No future approval of any development plans and/or building permits is included as part of this action in the event the application is approved. F. Applicant shall be responsible for procurement of any and/or all permits. G. Additional comments from the Planning Commission, City Council and Staff. H. If applicable, exterior lighting shall meet all provisions of the City Code. I. No permits shall be issued until such time as evidence of recording of the official resolution at Hennepin County is provided. J. Comments from Staff, Planning Commission and City Council. K. Use of the pick-up window shall be for prescriptions only. L. Hours of operation shall be the same as allowed in Mound Marketplace. M. Signage and striping of the subject site shall be subject to review and approval by the City Engineer. 2. In approving the conditional use permit request, the City Council makes the following findings: -2048- A. The Conditional Use Permit review criteria included in City Code Chapter 350.525, Subd. 1 are being met. B. The Drive-In Business Development Standards included in City Code Chapter 350.775 are being met: Subd. 1 Subd. 2 Subd. 4 (B) Subd. 5 (B) Subd. 5 (C) Subd. 5 (D) Subd. 5 (E) Subd. 6 Subd. 7 C. The Drive-In Business Standards included in City Code Chapter 350.775 as follows do not apply to the current application: Subd. 4 (A) Subd. 4 (C) Subd. 4 (D) Subd. 6 The City does hereby approve a variance from City Code Chapter 350.775, Subd. (B) based on the following findings: A. The retail drug store use is permitted in the Destination District. B. The pick-up window is generally an accessory use for the retail drug store business and is limited to pick up of prescriptions only. The performance criteria for "Drive-In Businesses" as contained in City Code Chapter 350.775 appear to be set up for more intense "drive- in businesses" operations such as an outdoor movie theatre or drive-in restaurant(s) and generally do not apply to the current request. The freestanding building is located immediately adjacent to a commercial building to the north which is physically separated from the church use(s) by a public street. E. The variance criteria contained in City Code Chapter 350.530 are being met. F. Use of the pick-up window is minimal as it is expected that only 25-30 vehicles will use the facility on a daily basis. -2049- This conditional use permit and variance is approved for the following legally described property as stated in the Hennepin County Property Information System: See Exhibit A The foregoing resolution was moved by Councilmember seconded by Councilmember The following Councilmembers voted in the affirmative: The following Counciimembers voted in the negative: Adopted July '12, 2005 Pat Meisel, Mayor and Attest: Bonnie Rifler, City Clerk -2050- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION JUNE 20, 2005 CALL TO ORDER Acting Chairman Mueller welcomed the public and called the meeting to order at 7:00 p.m. ROLL CALL Those present: Acting Chair Mueller; Commissioners: Becky Glister, Cklair Hasse, David Miller, Jon Schwingler (arrived at 7:03) and Dave Osmek. Absent: Geoff Michael and Jorj Ayaz; Staff present: Community Development Director Sarah Smith, Planning Consultant Rita Trapp. CASE #05-36 CONDITIONAL USE PERMIT DRIVE-THROUGH PHARMACY WINDOW- SNYDERS DRUG STORE 2125-2129 COMMERCE BLVD -APPLICANT: DAVE LEONARD Smith presented an overview of the report. City Code requires CUP for drive-through windows. Drug stores are a permitted use in the Destination District. Staff commented that Mound Marketplace's original approvals were done in 2002. Mueller asked about addressing performance criteria with a CUP. Staff commented that specific conditions that apply and/or do not apply could be referenced in the findings. The Navarre store is 12,000 SF. This building is 4,000 SF. Mueller asked if this proposal is a good fit for the building based on its current financial condition. Dave Leonard commented that Snyders went through Chapter 11 last year. He also said that he has authorization to build several stores this year. Dave Leonard commented that drive-thru will be for prescriptions only. Schwingler asked about other stores with drive-thru operations. Leonard commented that about 70 percent of the stores include drive-thru. Miller asked about existing drug store wants a drive-thru. Separate permitting process. Leonard commented that use of window would be limited to prescriptions. Mueller commented that Osmek has a question for Mound Marketplace folks. -2051 - Brian Pellowski was present on behalf of PBK. Osmek suggested the placement of the USPS box in the subject area as it appears that it would work OK. Pellowski commented that: they accommodated a USPS drop-box when old P.O. was taken down; they wanted to get a use in the center that would compliment Mound Marketplace; the proposal is more of a pick-up window as presented by Staff; PBK would be willing to look at a new spot for the USPS drop box. Osmek commented that the option to relocate the box enhances the center as well as the building's use. Pellowski commented that the center is doing well. Caribou Coffee is a flagship store for the center and has been so since it opened. All tenants are doing well. Leonard commented that there is 17 feet of clearance from the drive-thru to the road. MOTION by Miller, seconded by Schwingler, to recommended approval as recommended by Staff. Mueller requested an amendment as follows: 1. Signage and striping as appropriate. 2. Prescriptions only. MOTION carried unanimously. -2052- PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA NOTICE OF A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT APPLICATION FROM SNYDER'S DRUG STORE, INC. TO ALLOW INSTALLATION OF A DRIVE- THRU PICK-UP WINDOW TO BE CONSTRUCTED ON THE WEST SIDE OF THE FREESTANDING BUILDING AT MOUND MARKETPLACE LOCATED AT 2125-2129 COMMERCE BOULEVARD PLANNING CASE # 05-36 PID # 14-117-24-41-0088 NOTICE IS HEREBY GIVEN that the City Council of the City of Mound, Minnesota will meet in the Council Chambers, 5341 Maywood Road, on Tuesday, July 12, 2005 at 7:30 PM to hold a public hearing to consider a Conditional Use Permit request from Snyder's Drug Stores, Inc. to allow installation of a drive thru pick up window to be constructed on the west side of the freestanding building in the Mound Marketplace shopping center located at 2125-21129 Commerce Boulevard. Copies of the application materials, legal descriptions and project plans are available to the public upon request at City Hall. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Published in The Laker on July 2, 2005 Jill Norlander, Planning and Inspections Secretary -2053- V7 -LNOIN-1:78 V-I NH_~d o~ V-I~OOO/1ANO i i O0 061. (.LO A, lalAONV'dR) ~ ~"~ :- 2054- 5341 Maywood Road Mound, MN 55364 (952) 472-3'190 PLANNING REPORT TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: June 15, 2005 SUBJECT: Conditional Use Permit - Drive-Thru Window for Snyder's Drug Store in Mound Marketplace, 2125-2129 Commerce Boulevard APPLICANT: Dave Leonard, Snyder's Drug Stores, Inc. OWNER: Mound Marketplace, LLC PLANNING CASE NUMBER: 05-36 PID: 14-117-24-41-0088 LOCATION: 2125-2129 Commerce Boulevard ZONING: Destination District COMPREHENSIVE PLAN: Business and Mixed-Use (Auto Destination) REQUEST SUMMARY Dave Leonard, on behalf of Snyder's Drug Stores, Inc. is proposing to lease space in the "freestanding building" in the Mound Marketplace Shopping Center and is requesting a conditional use permit (CUP) to allow installation of a drive-thru pick-up window to be constructed on the west side of the building. According to City Code Section 350:652, Subd. 3, drive-in retailing establishments are allowed in the Destination District by conditional use. City Code Chapter 350:310, Subd. 38 describes a "drive-in" as follows: "Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether service is also provided with a building." Members of the Planning Commission are advised that drug stores are a permitted use in the Destination District. Details regarding the project are contained in the submitted plans which have been included with the Planning Report. An updated survey based on field conditions and a proposed site plan for the project have been included. -2055- CONDITIONAL USE PERMIT REVIEW CRITERIA In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed land use upon the health, safety, morals and general welfare of occupants of surrounding lands The conditional use permit review criteria are contained in City Code Chapter 350:525, Subd. 1. CUP REVIEW PROCEDURE City Code Chapter 350:525 Subd. 3 (B) requires that all requests for conditional use permits are reviewed by the Planning Commission. Additionally, City Code Chapter 350:535 Subd. 3 (C) requires that a public hearing is held by the City Council. Procedurally, state statute requires that the planning agency and/or governing body must hold a public hearing on all requests for conditional use permits and further requires that a Notice of Public Hearing is published at least (10) days in advance of the public hearing and is also mailed to all property owners within (350) feet. As of this date, no public hearing has been scheduled. In the event a recommendation is received from the Planning Commission, a possible date for the public hearing is July 12, 2005. 60-DAY PROCESS Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The land use application(s) were received and deemed to be complete on or around May 19, 2005. Within the 60-day period, an automatic extension of no more than 60 days can be obtained by providing the applicant written notice containing the reason for the extension and specifying how much additional time is needed. CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment and are summarized below: Public Works Supt. Skinner No comments. Building Official Waldron Design professionals required (architect and structural engineer) with signed plans, details and related construction documents. Building permit required. -2056- ....... Ji .... ~ II *ii Fire Chief Pederson No objections. Parks Supt. Jim Fackler No comments. Police Chief Kurtz No comments Engineering Tech. Hanson Drive aisle for pick-up window and/or adjacent area(s) will need to appropriately signed and striped to manage and help control vehicular and pedestrian movements. City Engineer Dehler There is not a lot of room for stacking of vehicles waiting for service. It appears that if 4 or more cars are in line they may affect other vehicles backing out of parking stalls and/or inhibit through traffic around the island. Does Snyders Drug Store have an idea how many cars per day will travel through the pickup window? If two cars (or one car/SUV with a trailer) were at the pickup window, would the garbage collection area be affected? Applicant to confirm proposed pedestrian traffic pattern and building accesses. There is a minor addition of hard cover. Does that affect the hard cover requirements? Does the addition of a pickup window affect the parking ratio? Please refer to the email from Tim Cross of PBK dated June 15, 2005 which responds to comments from the City Engineer which has been included as an attachment. AGENCY REVIEW Copies of the request and all supporting materials were forwarded to all applicable agencies for review and comment. As of this date, no comments have been received. -2057- DISCUSSION 2001 project approvals for Mound Marketplace required (337) parking stalls. According to the applicant, (339) stalls are available on the subject property. No parking stalls are lost as a result of the proposal. Based on review by Staff, the proposed pick up window does not trigger the need for additional parking. City Code Chapter 350.775 includes the development standards for drive-in businesses and appears to apply to more intense operations such as a drive- thru restaurant and/or outdoor theatre which could impact adjacent area(s). As the Planning Commission may be aware, conditional use permits have been issued previously for drive-thru windows associated with fast food restaurants. For the purpose of the current application for the pick-up window, it would appear that several of the standards do not apply. A copy of the regulations has been included. Staff will further discuss this matter as part of the meeting including which standards, if appropriate, should be applied to the current proposal. 3. The proposal will make the existing drive aisle "one-way only." Hardcover in the Destination District is allowed up to 75 percent or as approved by PDA. Hardcover on the property needs to be consistent with the original City approvals. In the event additional hardcover is created and exceeds the previously approved allowance, existing hardcover will need be removed in an alternate area. o Access to the building is provided by a door located along the south side of the building. 6. The dumpster location does not change as a result of the proposal. The existing driveway access/egress along Commerce Boulevard does not change. The design of the pick-up window is consistent with the architecture of the Mound Marketplace complex. Traffic and pedestrian patterns in the subject area should be discussed with the applicant. RECOMMENDATION(S) Conditional Use Permit. City staff recommends Planning Commission and City Council approval of the Conditional Use Permit subject to the following conditions: -2058- 1. Building permit(s) shall be required including the submittal of all required information. 2. As constructed, hardcover on the Mound Marketplace property must be consistent with PDA approvals. o 7. 8. 9. 10. Applicant shall be responsible for payment of all costs associated with the land use request. No future approval of any development plans and/or building permits is included as part of this action in the event the application is approved. Hours of operation shall be subject to review by Staff, Planning Commission and City Council. Applicant shall be responsible for procurement of any and/or all permits. Additional comments from the Planning Commission, City Council and Staff. If applicable, exterior lighting shall meet all provisions of the City Code. No permits shall be issued until such time as evidence of recording of the official resolution at Hennepin County is provided. Comments from Staff, Planning Commission and City Council. -2059- CITY CIF MOUND 5341 Heywood Road, Mound, MN 55364 Phone 952-472-0600 FAX 952-472-0620 CONDITIONAL USE PERMIT APPLICATION Application Fee and Escrow Deposit required at time of ap~ Distribution: ~../.-~ City Planner: ~""'-~icWorks: Y..--- Fire Dept. City Engineer: ~/ Parks: l/ Other: Please tTpe or print the following information: PROPERTY Subjec~Address 2125 & 2129 Commerce Blvd., Mound, MN 55364 INFORMATION Name 0f Business Sn_vders Drua Stores. IDc. LEGAL Lot 1 Block 1 Plat # DESCRIPTION Subdivision Outlot A, Mounds Visisions~l~nd Addition APPLICANT The applicant is: Owner__Other: Snyders DrUq Stores, Inc. Name Snyders Drug Stores, Inc. Address 14525 Hiqhway 97, Minnetonka, MN 55345 Phone Home Work 9 5 2- 9 3 6 - 2 4 7 5 Cell E-Mail Address Fax 952- 936 - 2555 Name ' MOUND MARKETPLACE, LLC OWNER (~ other than Address 3800 American Blvd, 9760, Bloomington, MN 55431 applicant) Phone Home Work 9 5 2 - 8 5 7- 2 5 9 0 Cell Name JSSH ARCHITECTS, INC. ARCHITECT, SURVEYOR, Address 14525 Hiqhway ~7, ~375, Minnetonka, MN 55345 OR ENGINEER Pho.eOm~ 952-935-6337 Cell Fax 952-935-0878 ZONING Circle: R-1 R-lA R-2 R-3 B-1 B-2 B~3' DISTRICT conditional Use Permit Info (10/28/2004) Page 4 of 5 -2060- Descdpti0nofPr0p0sedL/se: The building will be used for a retail drucj store. This request is for a drive-up pharmacy window for the customers that desire that type of service. 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. The bvilding is a current structure on the property of the shopping center development and will not affect any of the areas listed - see attached drawing. 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: $ Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, {0 nb. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Application must be signed by all owners~ct property, or an explanation given why this is not the case. SNYDER DRUG STOR, EM, I ~r-~/~-z~g~- Print Applicant's Name Applicant's S~"ature Date MOUND MARKETPLACE ~ LLC Print Owner's Name Owner's Signature Date Print Owner's Name Owner's Signature Date City Code Section 350:525 relating to Conditional Use Permits must be reviewed by the applicant. If applying for a two family dwelling, City Code Section 350:630, Subd. 4. must be reviewed by the applicant. Conditional Use Permit Info (10/28/2004) Page 5 of 5 -2061- O>- n'Z /////.4 i! ('3A¥ A~;',]O.. ¥)1'.~) ..Il · 'lB -2064- -2065- 067i$/2005 22:05 PBK IM~ESTHEMT$ * 94?20620 June 14, 2005 Sarah Smith City of Mound 534I Maywood Road Mound, MN 55364 Dear Sarah: Please be advised, that there are curr~tly 359 parking stalls at Mound Markelplacc and none of these will be affected by the drive-through. In addition, we will not be moving the trash enclosure. Please let me know if this.meets with your approval. Tim Cross Vice lh'esid~t 3800 American Boulevard West Suite 760 tt [oominglon Min 5543 I. Phone Fax E-mail p~nvo~t~pm~sm~il ,corn -2'066- Page 1 of 1 Sarah Smith From: TO: Sent: Subject: "Tim Cross / PBK Investments" <tcross@cypressmail.com> "Sarah Smith" <SarahSmith@cityofmound.com> Wednesday, June 15, 2005 11:46 AM Snyders Sarah City Engineer questions The drive up window is only for picking up filled prescriptions, not waiting for them to be filled. Snyders expects 20-30 cars per day to use this option. It would not appear that based on that volume we will have a stacking issue. Garbage collection already occurs before operating hours and will continue that way. The building access will be the center doors, pedestrian traffic will cross the drive lane to enter building, not the drive thru lane. Any addition of hard cover appears minimal 20-25 sq ft. Should not affect our hard cover requirements.. Should It? The pickup window should not affect the parking ratio if we are not removing any spots Let me know what else you need frOm me. Thanks for the help Tim Cross Vice President PBK Investments 3800 American Boulevard West Suite 760 Phone: 952-857-2590 Fax: 952-857-2595 - 2067- 6/16/2005 CITY OF MOUND RESOLUTION #01-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING PRELIMINARY PLAT APPROVAL OF THE MOUND VISIONS Is'r ADDITION PRELIMINARY PLAT LOCATED AT 5600 LYNWOOD BLVD. P & Z CASE #00-64 WHEREAS, the applicant, MetroPlains Development LLC, have submitted an application for a preliminary plat titled Mound Visions 1~t Addition. The property encompasses approximately 18.97 acres or 826,400 square feet of property located on the northwest comer of the intersection of Lynwood Blvd and Commerce Blvd.; and, WHEREAS, the Preliminary Plat has been reviewed under Chapter 462 of the Minnesota State Statue and as defined by City Code Section 330:00. All proceedings have been duly conducted thereunder; and, WHEREAS, the Preliminary Plat includes 18.97 acres of land as legally described in Attachment "A" of this Resolution; and, WHEREAS, the preliminary plat consists of Lot 1, Block 1 which is proposed for commercial development, Lot 2 Block 1 which is proposed for multi-family residential development, Outlots B and C which are proposed for dedication to the City for park purposes, and Outlot A for parking purposes; and, ~ WHEREAS, the preliminary plat .anticipates that all streets and access drives will be privately owned and maintained as identified in the development plan; and, WHEREAS, Hennepin County and the City of Mound are currently involved in discussions regarding the redesign of County Road 15 which will affect the amount of land dedicated along Commerce and Lynwood Blvd. for right-of-way purposes; and, WHEREAS, the Planning Commission, on November 1.5, 2000 and November 27, 2000, held public hearings pursuant to Section 330:00 of the Mound City Code of Ordinances, to consider the approval of the Mound Visions 1 st Addition Preliminary Plat; and, WHEREAS, the Planning Commission recommended Council approval of the Mound Visions 1st Addition Preliminary Plat; and, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota approves the Preliminary Plat in addition to those contained in Section 330:35 with for Mound Visions 1 s' Addition with the following conditions: Resolution #01-I2 Page 1 of 4 -2068- 1. Include additional right-of-way along Lynwood and Commerce on the final p/at as requested by Hennepin County and agreed to by the City of Mound. 2. The name of the plat shall be "Mound Visions 1,t Addition." o The existing tower be removed or relocated to a location on the site consistent with previous variance approvals and current zoning code provisions prior to granting of final plat. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Mound, Minnesota approves the Preliminary Plat for the property as legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Lynwold Park, Lake Minnetonka, together with vacated Ridgewood Avenue and vacated alley originally delineated and dedicated in said plat of Lynwold Park, Lake Minnetonka. Lot 18, Lynwold Park, Lake Minnetonka, except the North 30 feet thereof. Lots 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101,104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114 and 115, Mound. Those parts of Lots 102 and 103, "Mound", which lie Easterly of the East line of the West 200.00 feet of the Northeast ~A of the Southeast ¼ of Section 14, Township 117 North, Range 24 West of the 5th Principal Meridian, Hennepin County, Minnesota. That part of Meadow Lane, as delineated and dedicated on the plat of"Mound", and now vacated, which lies Easterly of the West 200.00 feet of the Northeast ¼ of the Southeast ¼ of Section 15, Township 117 North, Range 24 West of the 5th Principal Meridian, Hennepin County, Minnesota, and Westerly of the Southerly extension of the West line of Dewey Avenue, now known as Bellaire Lane, as delineated and dedicated in said plat of"Mound". The South ½ of the northeast ¼ of the Southeast ¼ of Section 14, Township 117 North, Range 24 West of the 5t Principal Meridian, Hennepin County, Minnesota, except the West 200.00 feet thereof, also except that part within the plat of"Mound", and except that part described as follows: Commencing at the Northeast comer of said South ½ of the Northeast ¼ of the Southeast ¼; thence Southerly along the East line of said Southeast ¼, a distance of 225.00 feet; Westerly parallel with the North line of said South ½ of the Northeast ¼ of the Southeast ¼, to the intersection with the southerly extension of the West line of Dewey Avenue, now known as Bellaire Lane, as delineated and dedicated in the plat of "Mound"; thence Northerly along said Southerly extension to the North line of said South ½ of the Northeast ¼ of the Southeast ¼, thence Easterly along said North tine to the point of beginning. And except that part of said South ½ of the Northeast tA of the Southeast ¼, described as follows: Beginning at a point on the East line of said Northeast ¼ of the Southeast ¼, distant 225.00 feet Southerly from the Northeast comer of said South 72 of the Northeast ¼ of the Southeast ¼; thence Westerly, parallel with the North line of said South ½ of the Resolution #01-12 Page 2 of 4 -2069- Northeast ~A of the Southeast ~A, a distance of 398.63 feet; thence Southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 158.39 feet; thence Easterly, deflecting to the left 89 degrees 57 minutes 22 seconds, to said East line of the Northeast ¼ of the Southeast sA; thence Northerly along said East line to the point of beginning. Legal Description: Lots 19 and 20 Lynwold Park Lake Minnetonka BE IT RESOLVED that such execution of the Certificate upon said plat by the Mayor and City Manager shall be conclusive showing 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. The foregoing resolution was moved by Councilmember Hanus and seconded by Councilmember Brown. The following Councilmembers voted in the affirmative: Hanus, Brown, Meisel The following Councilmembers voted in the negative: Anderson, Meyer Adopted January 23, 2001. ity Clerk Pat Meisel, Mayor Resolution #01-12 Page 3 of 4 -2070- CITY OF MOUND RESOLUTION #01-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING DEVELOPMENT PLAN APPROVAL OF "THE VILLAGE BY COOK'S BAY" AND "MOUND MARKETPLACE" BY CONDITIONAL USE PERMIT AND VARIANCE APPROVAL P&Z CASE #00-65 WHEREAS, the applicant, MetroPlains Development, rezoning applications to allow residential and commercial development of property on the "Old School" site for development projects called "The Village by Cook's Bay" and "Mound Marketplace"; and, WHEREAS, the proposed development includes 18.97 acres of land that was previously the Westonka Community Center and ballfields and Westonka High School previously; and, WHEREAS, the development plan for the stte calls for its development as multiple family residential and a commercial area along with land dedicated for park land dedication requirements; and, WHEREAS, The concept plan indicates 59 townhome units and 40 'flats.' The townhomes will provide a total of 4 parking spaces per unit including 2 indoor and 2 outdoor parking spaces. Underground parking will be provided for the flats at a ratio of 1 ½ spaces .per unit. An additional 40 spaces will be scattered in bays along the private streets for visitor and guest parking. All streets within the residential area of the development will be private with a 24 feet width with no on-street parking because of the need to allow emergency access on this narrowed design; and, WHEREAS, as a planned development area, dimensional items such as building setbacks, lot area and width are approved and regulated under a conditional use permit. A Common Interest Community (CIC) will be established to govern the further replatting and use of the land as individual units; and, WHEREAS, four 'big house' fiats-are shown on the eastern side of the development along Bellaire Road. The narrative talks about these units as single level with 4 units per level in these 2 - 3 story buildings. The developer indicates that the market for the flats would appeal to seniors which is a good 'fit' with the needs in Mound; and, WHEREAS, the following standards apply under the conditional use permit for the "The Village by Cook's Bay," IPARCEL SIZE PROPOSED UNIT # 12.27 ac I 99 Resolution #01-13 Page 1 of 8 -2071 - DENSITY 8 units/acre Minimum Lot Width Not applicable Front Yard Setback Elm Road 60 feet Bellaire 100 feet Side Yard Setbacks As indicated on plans between buildings Rear Yard Setbacks As indicated on plans from property lines. LAND USE PLAN Downtown Residential (Medium to High Density Residential ~ 7 + units/acre) SUBDIVISION STREET DESIGN Right-of-way width NA - private streets Pavement width 24 feet Park Site Dedication 1.89 acres or 10% of total development land area - 18.97 acres GREENSPACE 57.4 percent HARDCOVER 36.2 percent , and WHEREAS, building elevations for the townhomes are provided with the development which alSo detail material standards to be followed on. bUilding exteriors; and, WHEREAS, the landscape plan for the residential portion of the development provides a total of 145 planting units which exceeds the 99 unit minimum. Plantings consist of shade, omamental, and coniferous varieties. The park will be planted with 24 shade trees in addition to the 9 conifers that will be preserved; and, WI-IEREAS, a total of 1.89 acres, 10 percent of the total site area, will be dedicated to the City as parkland. Outlots 'B' and 'C' note these lands. Tot lot play equipment will also be provided by the developer and located in Outlot 'C'; and, WHEREAS, the development proposes 67,000 square feet of commercial space called 'Mound Marketplace.' Anticipated tenants include a grocer, city liquor store, restaurants, and smaller retail shops. The buildings would be designed to consider the urban context of the downtown and the Mound Visions plan. Detailed exterior treatments, space relationships, and other design elements are provided in the development submittal which will encourage high quality building and site Resolution t401-13 Page 2 of 8 -2072- treatment; and, WHEREAS, the following standards apply through the conditional use permit for Mound Marketplace PARCEL SIZE 6.7 ac PROPOSED SQ. FT. OF 67,000 COMMERCIAL Minimum Lot Size NA Minimum Lot Width NA Front Yard Setbacks- Building fronting on Lynwood Per development plan Building fronting on Commerce Side Yard Setbacks- Building fronting on Lynwood Per development plan West building Rear Yard Setbacks Per development plan LAND USE PLAN Destination District SUBDIVISION STREET DESIGN Streets/Drives All private access PARKING 337 spaces provided Code requires 446 spaces 9 ½ feet by 18 feet stall Code requires 10 feet dimension by 20 feet HARDCOVER 92 percent ; and, WHEREAS, the landscape plan for the commercial portion of the development provides a total of 95 planting units which exceeds the 67 planting unit minimum. Plantings consist of shade, ornamental, and coniferous varieties. Screening and buffering of the parking and dock areas are provided to minimize impacts on the adjacent single family neighborhood; and, WHEREAS, a total of 313 parking spaces are shown plus 24 spaces adjacent to the Pond Arena which is a ratio of 1 space for every 197 square feet of commercial floor area. City Code requires 1 space for every 150 square feet of commercial floor area or 446 spaces requiting a variance of 109 spaces; and, WHEREAS, the City and County are currently reviewing plans for the relocation and upgrade of County Road 15 and the intersection of County Road 110. The results of the study are not yet complete, but will take into consideration the access locations proposed by the development plan. In reviewing the development, the City has considered traffic, circulation and other aspects of the proposed project as it might affect public health, safety or welfare and imposed conditions upon the approval addressing those considerations; and, Resolution #01-13 Page 3 of 8 -2073- WHEREAS, the Planning Commission and City Council have studied the practicability of the residential and commercial planned developments, variances, taking into consideration the requirements of the City, giving particular attention to the arrangement and location of the street, their relation to topography, water supply, sewage disposal, drainage, building arrangements, the present and future development of adjoining lands and the requirements of the Zoning Ordinance and Comprehensive Plan and other official controls; and, WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated subject to the conditions imposed herein, and the proposed subdivision as conditioned is consistent with the Comprehensive Plan and the existing land use in the area; and, WHEREAS, said plat is in all respects consistent with the City 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. WHEREAS, at the Planning Commission has recommended City Council approval of the conditional use permit for the information as contained in the development plans; and, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Ao Approves a COnditional Use Permit for the "The Village by Cook's Bay" and "Mound Marketplace" with the following conditions: Relocate parking spaces along the rear of the grOcery store to areas close to the clubhouse. A pedestrian easement between building facades along Lynwood and Commerce right-of-ways be provided. o Easements for recreation and maintenance of the multi-use trail system. Indicate how private streets will be lighted. Developer work with the City in developing a streetscape along Commerce and Lynwood to address landscaping, fagade, and other improvements complementary to the development of the Mound Visions Plan. ° All streets within the proposed development shall be private streets serving the residential area shall be 24 feet wide, measured from back of curb to back of curb. Concrete curb and gutter shall be installed on all streets, drives and parking areas in both the commercial and residential areas. 7. Applicant provide fireflow analysis prior to the completion of the final utility plans. Resolution #01-13 Page 4 of 8 -2074- o 10. 11. 12. The final plat shall include utility easements for the new sanitary sewer and watermains which will be public utilities. The final plat must also include utility easements for the existing public utilities which will remain in place. Approval of right-of-way and access drives by Hennepin County and consistent with final plat approval. Approval by the Minnehaha Creek Watershed District. The existing tower be removed or relocated to a location on the site consistent with previous variance approvals and current zoning code provisions prior to granting of final plat. Prior to the City releasing the final plat, the Developer shall sign a development contract with the City. The development contract shall stipulate that construction of all public improvements covered by said contract shall be completed within 280 days of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City Attorney in the amount of 125% of estimated construction costs as per plans approved by the City Engineer. 13. The Developer shall secure and provide copies to the City's Building Official of all reviews and required permil~s 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. 14. The City Attomey shall examine title to the property and shall render a title opinion to the city showing the ownership status of the property prior to filing. The applicant shall provide the City Attorney a current abstract or register of property abstract for Langdon Bay. 15. 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 Superintendent, and Building Official. 16. Developer will reimburse the City for legal, engineering and planning costs incurred for review and approval of these plans. B. Approves variances as follows: A variance is approved to allow the commercial parking spaces to meet 1 space per 200 square feet ratio plus a reduction of 23 spaces.. Resolution #01-13 Page 5 of 8 -2075- o A variance is approved to allow the commercial parking spaces to be designed at 9 ½ feet width and a 60 feet 6 inch isle separation. A hardcover variance of 62% is approved for "Mound Marketplace." C. The City Council adopts the following findings in support of the approved variances: The property has long served the parking needs of surrounding uses and will likely continue to do so. The parking space ratio and size are consistent with current retail industry design and other metropolitan community code requirements. o The smaller parking space size reduces the amount of hardcover that would be incurred by the typical zoning requirements. o The residential and commercial portions of the project will utilize a central pond for stormwater management. The total hardcover for the project is 64%, which is below typical hardcover thresholds of 75% in the downtown. The resolution is adopted for the property legally described as: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Lynwold Park, Lake Minnetonka, together with vacated Ridgewo0d Avenue and vacated alley originally delineated and dedicated in said plat of Lynwold Park, Lake Minnetonka. Lot 18, Lynwold Park, Lake Minnetonka, except the North 30 feet thereofi Lots 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101,104, 105, 106, 107, 108, 109, 110, 111, 112, I13, 114 and ll$, Mound. Those parts of Lots 102 and 103, "Mound", which lie Easterly of the East line of the West 200.00 feet of the Northeast sA of the Southeast ¼ of Section 14, Township 117 North, Range 24 West of the 5th Principal Meridian, Hennepin County, Minnesota. That part of Meadow Lane, as delineated and dedicated on the plat of"Mound", and now vacated, which lies Easterly of the West 200.00 feet of the Northeast ¼ of the Southeast ¼ of Section 15, Township 117 North, Range 24 West of the 5th Principal Meridian, Hennepin County, Minnesota, and Westerly of the Southerly extension of the West line of Dewey Avenue, now known as Bellaire Lane, as delineated and dedicated' in said plat of"Mound". The South ~A of the northeast ¼ of the Southeast ¼ of Section 14, Township 117 North, Range 24 West of the 5t Principal Meridian, Hennepin County, Minnesota, except the West 200.00 feet thereof, also except that part within the plat of"Mound", and except that part described as follows: Resolution #01-13 Page 6 of 8 -2076- Commencing at the Northeast comer of said South ½ of the Northeast ¼ of the Southeast ¼; thence Southerly along the East line of said Southeast ¼, a distance of 225.'00 feet; Westerly parallel with the North line of said South Va of the Northeast ¼ of the Southeast ¼, to the intersection with the southerly extension of the West line of Dewey Avenue, now known as Bellaire Lane, as delineated and dedicated in the plat of "Mound"; thence Northerly along said Southerly extension to the North line of said South V~ of the Northeast ¼ of the Southeast ¼, thence Easterly along said North line to the point of beginning. And except that part of said South ½ of the Northeast ¼ of the Southeast ¼, described as follows: Beginning at a point on the East line of said Northeast ¼ of the Southeast xA, distant 225.00 feet Southerly from the Northeast comer of said South ½ of the Northeast ¼ of the Southeast ¼; thence Westerly, parallel with the North line of said South V2 of the Northeast ¼ of the Southeast ¼, a distance of 398.63 feet; thence Southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 158.39 feet; thence Easterly, deflecting to the left 89 degrees 57 minutes 22 seconds, to said East line of the Northeast ¼ of the Southeast ¼; thence Northerly along said East line to the point of beginning. Legal Description: Lots 19 and 20 Lynwold Park Lake Minnetonka The foregoing resolution was moved by Councilmember Hanus and seconded by Councilmember Brown. The following Councilmembers voted in the affirmative: Hanus, Brown, Meisel The following Councilmembers voted in the negative: Anderson, Meyer Adopted January 23, 2001 Pat Meisel, Mayor ! City Clerk Resolution #01-13 Page 7 of 8 -2077- ! . EXHTB.IT B CITY OF M.OUND RESOLUTION #01.88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY O.F MOUND GRANTING APPROVAL OF THE' MOUND VISIONS 2ND ADDITION FINAL PLAT LOCATED AT 5600 LYNWOOD ,BLVD. CASE #0t.4'1 WHEREA~'; 't'h~applieant,' Tl~e Village bYC c ' . Bay~LLC and Mound Marketplace LLC, have submitted an application for a final plat titled Mound Visions 2"4 Addition in the manner requ~ed for 'letting of land undo[ the ~ty ef Mound Ordina~ Cede; Section 330.00 and under Chapter 462 of the Minnesota State Statue and all proceedings have been duly conducted thereunder; and, WHEREAS, the property e~ncompa~ses approximately 18.97 acres or 8261400 square feet of property .located on the northwest corner of the intersection of L~nwood Blvd and Com.merc, e Blvd. as legally described in Attachment "A" of this Resolution; ands WHER~S, the final plat consists ef Lot 1, BIo~l~ 1'. whi~3h is. proposed for commercial deve]ppment, !,et 1 Bloeks 2. through. 15., whi~ i.s, p.mposed: for mul.ti.-fami!y residential deve)opment, 0utlot A for parking purposes, Outlets B and C for ded[~tien to the City for _._park !ap~, Outlet D for eommon open space and stormwater pending, Outlets E, F, H, and I for common open space, Outlet. G for. private streets.: and, WHEREAS, the final plat dedicates land for public road right-of-way purposes along Lynwood Blvd. (County Road 1.1:0).and C~mmerc, e. B~..vd, (County Read 15).as. shown on the plat; and, WHEREAS, all streets and access drives will be privately owned and maintained as identified, in the development plan; and, WHEREAS, City Staff has reviewed the final plat and determined it is consistent with the preliminary plat and conditions contained within as well as the approved development plans for The Village by Cook's Bay and Mou0d Marketplace; and, WHER.EAS, the City Council revieWed the final plat at its October 9, 2001 meeting and determined it is consistent-wit~ the preliminary plat; and, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota that the Final Plat for Mound Visions 2nd Addition is hereby approved with the following conditions: -2078- · ',. ~e~o~u~ No.;ol.ee City Staff,'review and appr. ovai of easement, d~,umentatlen for public trails . shown in,the development plan. .. 2. City Staff. review and approval of easement dooumentafien far that portion of the publiealley extending~witbin the plat' area. 3. Ci,ty Staff.review an~t~ approval of easement, doc~tafien far a~ss, ever the prk, ate read extending:from LynWood Bi,ii'. tO ~atl~, "G"~i'~ 4. C~ty Staff 'review and ~apRroVal of ~/ll' drainage and uttiity easement d(~cUmentation for the final plat. '- Comply with all conditions, contained i'n the City, Engineer's Memo dated October 4,~2001'. ,'... · .'. ' ' ~, BE IT RE$OLYEl~that such execution of the' ce~e upon sa[ct 131at by the Mayor and City Manager shall be conclusive showir~g coml31ianee~-the~ewith by the subdivi~le~ and. City ~ffi¢ial.s,,,,~an~! Shall~ent!tle 'such~plat te be~piace~' ed'-'~'ecerd forth'with with~~ 'furOr fe~mat~{y~, all~fR'¢ompliance With. MiRnesOta ~Statute~:,Ghapter..462 arid the Ci~ of M%nd Code of Ordinanee~, .The foregoing .resolution was meve'd :"by "~Cour~¢iimember Hanus'and~ seconded by Councilmember Brown. The fol.lewini~ Coun~.!.me~bers vot~ in;the~ffirmative:. Brown, Hanus and 'Melsel The following Coun~!~merpbers voted in.~the,.negative: Anderson and Meyer Adopted by the City ~ou~cil..this 9%day,of October, 20~:~1, Attest: Acting City C'l~rk - -2079- Page 1 of 2 350.775 Drive-in Business Development Standards. The following standards shall apply to drive-in businesses in all districts. Subd. 1. The entire area of any drive-in business shall have a drainage system approved by the city engineer. Subd. 2. The entire area other than that occupied by structures or plantings shall be surfaced with a hard surface material which will control dust and drainage. Subd. 3. A fence or screen of acceptable design not over six (6) feet in height or less than four (4) feet shall be constructed along the property line abutting a residential district and such fence or screen shall be adequately maintained. The fence shall not be required in front of the setback line. Subd. 4. General - Drive-in Businesses. A. Any drive-in business serving food or beverages may also provide, in addition to vehicular service areas, indoor food and beverage service seating area. B. The hours of operation shall be set forth as a condition of any conditional use permit for drive-in business. C. Each drive-in business serving food may have outside seating. D. Each food or beverage drive-in business shall place refuse receptacles at all exits as well as one (1) refuse receptacle per ten (10) vehicle parking spaces within the parking area. Subd. 5. Location - Drive-in Businesses. A. No drive-in business shall be located within four hundred (400) feet of a public or parochial school, church, public recreation area, or any residential district. B. No drive-in business shall be located such that it may increase traffic volumes on nearby residential streets. C. No drive-in shall be located on any street other than one designated as a thoroughfare or business service road in the Comprehensive Plan. D. The design of any structure shall be compatible with other structures in the surrounding area. E. Electronic devices such as loudspeakers, automobile service order devices, drive-in theater car speakers and similar instruments shall not be located within four hundred http://www.cityofmound.com/CITY%20CODE--2-080- qE.html 6/14/2005 Page 1 of 1 Subd. $. In the case of a drive-in theater, a solid fence not less than eight (8) feet in height and extending at least to within two (2) feet of the ground shall be constructed around the property. Subd. 7. The lighting shall be designed so as to have no direct source of light visible from the public right-of-way or adjacent land in residential use. o o 2081 http://www.cityofm und.com/CITY ¼20CODE7 ...._-NE.html 6/14/2005 Property Information Search by Property ID Result page Page 1 of 2 Search By: Property ZD: 1411724410088 Hennepin County, rd Property Information Search The Nennepin County Property Tax web datat daily (Monday - Friday) at approximately 9:: Parcel Data for Taxes Payable Property iD: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: 14-117-24-41-0088 85 ADDRESS PEND:~NG MOUND 277 Constru, 3 Approx. P MOUND MARKETPLACE LLC MOUND MARKETPLACE LLC 3800 AMERICAN BLVD W #760 .................................. BLOOMtNGTONMN 5543[ Most Current Sales Informat Sales prices are reported as listed on the Certificate of Real Estate Value arms-length transactions. NO SALE INFORMATION ON FILE FOR THIS PROPERTY. Tax Parcel Description Addition Name: Lot: Block: Metes & Bounds: CIC NO 1098 MOUND MARKETPLACE A UN[I' NO I Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes P; Values Established by Assessor as of 3a Estimated Market Value: Umited Market Value: Taxable Market Value: Total Improvement Amount: Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: $5,890,000 $5,890,000 $5,890,000 $200,959.57 $42,294.30 $939.45 $244,193.32 http://www2.co.hennep~.mn.u~pim~i&esultjsp?pid=1411724410088 -2082- 6/15/2005 Hennepin County Map Server Page l of 2 Hennepin Countw MN Click on map to view information on adjoining properties Scroll down to see property address, value & tax info Property ID 14-117-24-41-0088 Property Address ADDRESS PENDING MOUND, MN 0 ZOOM LL~VEL PAN Last update: 6/6/2005 at 1:00 PM READ IMPORTANT DISCLAIMER INFORMATION BELOW Approximate Property Perimeter 2,416 ft. Market Value $ 5,890,000 $ 244,193.32 Click on Property Information Button below' to view 1hain tax information page for the property you have selected , Approximate Property Area 255,208 sq.ft.= $.t57 acres Total Tax (2005) The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder (Hennepin County Survey Division) at (612) 348-2618 or via e-mail at Bob. Moulder@co.hennepi_.n,_m_n_._u~s The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 800x600 screen resolution. This application requires Internet Explorer 3.02 or Netscape 2.01 or later version for proper operation. http://www 19.co.hennepin.mn. us/scripts/esrimap.dll?narne=Hennepin&cmd=Find&VALU... 6/15/2005 -2083- THIS PAGE IS INTENTIONALLY LEFT BLANK -2084- "17" F ~. 0 0,~ C) O0 u~O0 Z 521.60 C2 C2m ,, 45.00 65. ',, 'TH NORTH 65.71 ~'~NORTH \\ OWNER: O Cc- d ' 72.90 ' ' CIT'f I o (I ¢ / °' I'"1~ / ' . --~-~- ~---~-"-'r -- i ~--'/ o _ N 0'01'31" ~ 16950 ~-~ ......... ~ ,' ...... - 0 / ~ ~ ~ S 0'01'31 09 ........ / x -.~--N 0'01'31" W 141 ......... ~ ~ - z ~.._ ~ o~1 J ~ ...... . ......~ .... M~' ~/ , ...' 0'00'1( W ~ .---~s S> .CZ , 0 . ~/ ~ 0'00'10 E , ~ ~ 50.3 20 PA KIN S AL f ___ SOU~ ~40" E--~%80 ............. , 'L I I ;I -2087- -2088- ~;immso~e L awiui Gambling LG555 Government Approval or Acknowledgment For Use of Gambling Funds ' License Number ~' ~:>8 ~) 2. Ch~ck/l~approprlale expenditure catego~: / U~lled States, slat~ of M nnesota, or any of Ils sUbdlvlglons, _~A. Contribution to a unit of government. - ~ agencies, or Inslrumenlalltles. NOTE: A contribution may not be made dlreclly to e law enforcement or progecutorlal I~;/ency, such es e police department, county sheriff, or county attorney. __ B. A wildlife management project that benefits the public at large with approval of the stele agency that has authority over the project. Describe the proposed expenditure, Including vendors. , C. Grooming and maintaining snowmobile or all4erraln vehicle trails with approval by ONR. All trails must be open !o public use. Describe the proposed expenditure, Including vendors. Oath · I affirm that the contrlbulton or expenditure, In accordance with Mlnoesota Rules 78Bl.0120, Subped 5D(10), does not result In any net monetary gain or other pecuniary benefit to our organization. , I affirm that when lawful gambling funds are used for grooming and malnlalnlng snowmobile or ell-terrain vehicle or for any wildlife management project for which relmbumement Is received from a unll of goverrtment, Ihs reimburse- ment funds must be deposited In our lawful gambltng account end recorded on the LGIOIO - Schedule CA) report. / I Chief exect~Uve officer's signature Phorm number Dele Government ApprovallAcknowledgmen[ (Check one) By signature below, Ihs representaltve of the unlt of government: ~ acknowledges the contribution in 2A above, which will not be used for a pension or reflremenl fund. __ epprove~ Ihs wildlife management project as described In 2B above (~lnle agency only). . approves Ihs expenditure for grooming and maintaining snowmobile and/or all-terrain vehicle trails described in 2C above (DNR_only). Ccfl . o-x° PflntNeme 'Tiffs Keep this completed form attached Io the LGI010 - Schedule CA) In your orgentzellon's records. You do not need to submit this form to the Gambling Control Board. This form will be made available In allematlve formal (i.e. large print, Braille) upon request. If you use a TTY, call us by uetng Ihs MInna~ola Relay ~ervlce and ask lo place e cell !o 651-63g-4000. The Information requested on lhts form will become public Information, wi~en reque,~led by the Board, and will be u,~ed to d~termlne your compliance with Idllnne~o~ etett~le~ end rules govmnltx:J lawful gaml~ltng aclMlleg. For additional Informalton, che~k our web ella a! www.gcb.~tele.mn.ue -2089- Minnesota Lawful Gambling LG555 Government AI3proval or Acknowledgment For Use of Gambling Funds (O6/O3) Organization Informatio.~.n (Cease print), Expenditure Description (a~a~ addltlonei sheels E necessa~) 1. ~ount of pm~s~ la~l pur~e expenditure I $ 2. Check ~e a~flate ex~ndl~m ~t~o~:. A. Contrlbaion to a unit of government.- Un ted States, state ~ Minnesota, or any of Ils subdivisions, ~endek, or Inelmmentall~es. NOTE: A ~ntrlbuflon may not be mede dlmdly to a law enf~osment or ~secut~al ~en~, such es a ~11~ depa~ent, ~un~ she~, or ~un~ attor~y. __ B. A wlMIife management proJe~ that benefl~ the ~bllc at large ~lh approval ~ the et~e agency that has authority over Ihs pmj~. Describe the proposed expenditure, Including vendors. . C. Grooming end maintaining snowmobile or ell4erraln vehicle trails with approval by DNR. All trails must be open to public use. Descdbe the proposed expenditure, Including vend°rs. Oath s I affirm that the contrlbuUo~ or expenditure, In accordance with Mlnne~ola Rules 7861.0120, Subpert 5D(10), does not result In any net monetary gain or other pecuniary benefit to our organiZation. · I affirm that when lawful gambling funds ere used for grooming and maintaining snowmobile or all-terrain vehicle trails or for any wildlife management project for which reimbursement Is received from a unit of government, the reimburse- ment funds must be deposited in our lawful gambling account and recorded on the LGI010 - Schedule C/D report. I I Chief executlv~ officer'~ ~lgnature Phone number Date Government Approval/Acknowledgment (Check one) By signature below, the representative of the unit of government: ~ acknowledges the contribution in 2A above, which will not be used for a pension or reltrement fund. __ approves the wildlife management project as described In 2B above (state agency only). ~ approves the expenditure for grooming and maintaining snowmobile and/or afl-ferrein vehicle trails described in 2C above (DNR_only). Date I I Keep thts completed form attached to the LGI010 - Schedule C/D In your organization's records. You do not need to submit this form to the Gambling Control Boa~l. JThls form will be made available in alternative format (I.e. largo print, Braille) upon request. If YOu use a TTY, call us by using the Minnesota RelaY ~e~ice and ~ek to pie .ce a call to 651-639-4000. The Information requested on thts form will become public Information, when requested by the Board, end wifl be used to determine your compliance with Minnesota statutes end rules governing lawful gambling activities. For additional information, check our Web site al www.gcb.alete.mn, us -2090- Harbor Wine & Spirits June 05 Date Weather Cust 05 Cust 04 Variance Sales 05 Sales 04 Difference +/. 6/1/2003 sunny/75 288 215 73 4723.98 3773.08 6/2/2003 sunny/80 347 237 110 6700.8 3992.91 6/3/2003 pt sun/78 552 293 259 10899.46 4564.95 6/4/2003 rain/sun mix 591 492 99 14129.72 9017.49 6/5/2003 warm/sun 594 -594 12983.75 6/6/2003 sunny/85 352 352 5408.38 6/7/2003 sunny/85 286 283 3 4862.04 4077.87 6/8/2003 sun/clouds 278 223 55 5065.17 3355.39 6/9/2003 SUN 80 345 228 117 6406.07 3647.83 6/10/2003 CLDY/RAIN 472 263 209 12440.21 4770.57 6/11/2003 cool/rain 612 435 177 15000.44 9317.19 6/12/2003 sunny 629 -629 14268.93 6/13/2003 sun/rain 80 278 278 4986.49 6/14/2003 cldy/70 225 235 - 10 4757.09 3835.29 6/15/2003 RAIN/SUN70 297 232 65 4646.21 4124.71 6/16/2003 SUNNY/78 358 238 120 6973.58 4492.4 6/17/2003 sunny70's 597 254 343 13685.83 5190.26 6/18/2003 sun/87 768 462 306 18800.83 10061.09 6/19/2003 sunny 642 -642 14221.4 6/20/2003 pt sun/85/ra 226 226 3537.19 6/21/2003 sun/83 307 217 90 5330.21 3382.94 6/22/2003 sunny/87 326 262 64 5499.82 4675.82 6/23/2003 sunny/96 373 249 124 7575.55 4744.88 6/24/2003 sun/85 536 250 286 11489.26 5031.46 6/25/2003 sun/90 678 472 206 14422.01 9677.76 6/26/2003 sunny 566 -566 13260.9 6/27/2003 pt.cldy 85 253 253 4321.91 6/28/2003 cloudy/80 266 252 14 3985.47 4418.52 6/29/2003 storms/86 285 275 10 5139.77 4835.88 6/30/2003 SUN\RAIN 331 289 42 7153.66 4611.42 950.9 2707.89 6334.51 5112.23 -12983.75 5408.38 784.17 1709.78 2758.24 7669.64 5683.25 -14268.93 4986.49 921.8 521.5 2481.18 8495.57 8739.74 - 14221.4 3537.19 1947.27 824 2830.67 6457.8 4744.25 -13260.9 4321.91 -433.05 303.89 2542.24 0 Totals 10227 8787 1440 207941.15 170334~69 37606,46 Cash +1- 1.63 1.77 1.1 2.78 2.07 0.46 -6.25 -1.2 -0.19 -2.63 4.92 -0.92 0.71 -1.89 -1.71 1.01 12.48 -4.71 -8.64 7.76 -8.49 -0.06 -8.44 -8,44 -2091 - Minnesota Statutes 2004, 340A.602 House I Page 1 of 1 legislature Home [ Links to the World I Help [ A( Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes 2004, 340A.602 Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota. Minnesota Statutes 2004, Table of Chapters 340A.602 Continuation. In any city in which the report of the operations of a municipal liquor store has shown a net loss prior to interfund transfer in any two of three consecutive years, the city council shall, not more than 45 days prior to the end of the fiscal year following the three-year period, hold a public hearing on the question of whether the city shall continue to operate a municipal liquor store. Two weeks' notice, written in clear and easily understandable language, of the hearing must be printed in the city's official newspaper. Following the hearing the city council may on its own motion or shall upon petition of five percent or more of the registered voters of the city, submit to the voters at a general or special municipal election the question of whether the city shall continue or discontinue municipal liquor store operations by a date which the city council shall designate. The date designated by the city council must not be more than 30 months following the date of the election. HIST: 1985 c 305 art 8 s 2; 1987 c 152 art 1 s 1; 1992 c 486 s 10; 1993 c 315 s 7 Please direct all comments concerning issues or legislation to your ~(~.g.~..~.~.r or For Legislative Staff or for directions to the Capitol, visit the Q~0~gg~ ~ page. _G_e__n__e_r_~_[q_u ~i o_n__~__o_[ _c o m__m_e_Et s_ _. http:~www~revis~r~eg~state~mn~us~in/getpub~>.2~92-~pe=STAT-CHAP-SEC&year=cu~ .. 4~27/2005 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com July 7, 2005 TO: Mayor and City Council FROM: Bonnie Ritter RE: Carbone's/Dailey's Pub Liquor Licenses Following is an update, for informational purposes only, on the status of the patio situation at Carbone's Pizzeria and Dailey's Pub: On June 30, 2005, Scott Mueller, Special Investigator for Alcohol Enforcement, and I made a visit to Carbone's and Dailey's Pub. Jim Dailey, his attorney Patrick Smith, and Chief Kurtz were also in attendance. Mr. Mueller's physical inspection of the two premises led to a phone call to his supervisor in St. Paul, who agreed that these two premises could be operated under one on-sale liquor license. This would eliminate the need to separate the outside patio, but would not eliminate the need for gates/barriers on the two ends. Jim Dailey is in the process of forming a new corporation that would then do business as both Carbone's and Dailey's Pub. When this corporation is formed he will apply for a new on-sale liquor license and terminate the two licenses that are now in effect for Carbone's and Daileys Pub. We are in contact with PBK Investments (the landlord) to come up with a gate/barrier system for both ends of the patio area that will be workable for all parties. orinted on recycled paper 2093- NORM COLEMAN MINNESOTA June 29, 2005 Ms. Kandis Hanson 5341 Maywood Road Mound, MN 55364 WASHINGTON, DC 20510--2307 http://colernan,senate,gov COMMITTEE ON GOVERNMENTAL AFFAIRS CHAIRMAN PERMANENT SUBCOMMITTEE ON INVESTIGATIONS COMMITTEE ON FOREIGN RELATIONS CHAIRMAN SUBCO MMI~[EE ON WESTERN HEMISPHEREt PEACE CORPSt AND NARCOTICS AFFAIRS COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP Dear Ms. Hanson: Thank you for taking the time to meet with me concerning the issues you are facing in your community. Senator Coleman understands the importance of reaching out to local officials who are working to create growth and development. I appreciate the opportunity to listen and speak with you. We believe that building strong relationships with local communities is very important, that is why we have visited over 730 cities since the Senator took office, and that is why we wanted to visit you the other day. We hope that we can continue to be of service to you and your community in the future. Again, thank you so much for the opportunity to meet and talk to you about the needs and ~exciting things that are happening in your city. Please do not hesitate to contact us if there is anything that we can assist you with. I look forward to speaking with you again in the future. Sincerely, Andy Burmeister Regional Affairs and Policy Liaison HART SENATE OFFICE BUILDING SUITE 320 WASHINGTON, DC 20510-2307 TEL: (202) 224-5641 FAX: (202) 224-1152 2550 UNIVERSITY AVENUE WEST SUITE 100N ST. PAUL, MN 55114-1098 TEL: (651) 645--0323 FAX: (651) 645--3110 -2094- 12 C~vm CENTER PLAZA SUITE 2167 MANKATO PLACE MANKATO, MN 56001-7781 TEL: (507) 625-6800 FAX: (507) 625-9427 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Executive Summary Addendum TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: July 12, 2005 SUBJECT: Variance - Drive-Thru Pick-Up Window for Snyder's Drug Store in Mound Marketplace, 2125-2129 Commerce Boulevard APPLICANT: Dave Leonard, Snyder's Drug Stores, Inc. OWNER: Mound Marketplace, LLC PID: 14-117-24-41-0088 LOCATION: 2125-2129 Commerce Boulevard ZONING: Destination District COMPREHENSIVE PLAN: Business and Mixed-Use (Auto Destination) NEW INFORMATION As stated in the Executive Summary for the CUP request from Snyder's Drug Store, Inc. to allow a pick-up window on the west side of the freestanding building in Mound Marketplace, a variance from City Code Chapter 350.775, Subd. 5 (A) is required as drive-in businesses must be located within 400 feet of a church / school / residential district. Members of the Council are advised that the variance request was reviewed by the Planning Commission meeting at its July 11th meeting and was recommended for approval as recommended by Staff subject to conditions. The Planning Commission also discussed possible modifications to the northern row of parking so as to improve traffic flow for the proposed drive aisle. Tim Cross of PBK, who manages Mound Marketplace, expressed interest in the possible modification. CITY OF MOUND RESOLUTION # 05- RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FROM SNYDERS DRUG STORES INC. TO ALLOW INSTALLATION OF A DRIVE-UP PICKUP WINDOW IN THE FREESTANDING BUILDING IN MOUND MARKETPLACE SHOPPING CENTER LOCATED AT 2125-2129 COMMERCE BOULEVARD PLANNING CASE NO. 05-36 PID NO. 14-117-24-41-0088 WHEREAS, the applicant, Dave Leonard, on behalf of Snyder's Drug Stores is requesting conditional use permit (CUP) and variance approval to allow installation of a drive-up pick-up window to be constructed on the west side of the "freestanding building" in the Mound Marketplace Shopping Center; and WHEREAS, drug stores are a permitted use in the Destination District; and WHEREAS, according to City Code Section 350:652, Subd. 3, drive-in retailing establishments are allowed in the Destination District by conditional use; and WHEREAS, City Code Chapter 350:310, Subd. 38 describes a "drive-in" as follows: "Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether service is also provided with a building." WHEREAS, the performance criteria for drive-in businesses are contained in City Code Chapter 350.775 aP,(~. The.-proposal requires variance approval from City Code Chapter 350.775.Subd. 5 (A) as the pick-up window is located within 400 feet of a church; and WHEREAS, as required by the City Code, the applications wereas reviewed by the Planning Commission on June 20, 2005 and July 11,2005 who unanimously recommended approval as recommended by Staff subject to conditions; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City does hereby approve conditional use permit request to allow a drive- up pickup window for Snyder's Drug Stores as requested subject to the following conditions: A. Building permit(s) shall be required including the submittal of all required information. Bo As constructed, hardcover on the Mound Marketplace property following installation of the proposed improvements and/or alterations must be consistent with the original project approvals. C. Applicant shall be responsible for payment of all costs associated with the land use request. D. No future approval of any development plans and/or building permits is included as part of this action in the event the application is approved. F. Applicant shall be responsible for procurement of any and/or all permits. G. Additional comments from the Planning Commission, City Council and Staff. H. If applicable, exterior lighting shall meet all provisions of the City Code. I. No permits shall be issued until such time as evidence of recording of the official resolution at Hennepin County is provided. J. Comments from Staff, Planning Commission and City Council. K. Use of the pick-up window shall be for prescriptions only. L. Hours of operation shall be the same as allowed in Mound Marketplace. M. Signage and striping of the subject site shall be subject to review and approval by the City Engineer. 2. In approving the conditional use permit request, the City Council makes the following findings: A. The Conditional Use Permit review criteria included in City Code Chapter 350.525, Subd. 1 are being met. B. The Drive-In Business Development Standards included in City Code Chapter 350.775 are being met: Subd. 1 Subd. 2 Subd. 4 (B) Subd. 5 (B) Subd. 5 (C) Subd. 5 (D) Subd. 5 (E) Subd. 6 Subd. 7 C. The Drive-In Business Standards included in City Code Chapter 350.775 as follows do not apply to the current application: Subd. 4 (A) Subd. 4 (C) Subd. 4 (D) Subd. 6 3. The City does hereby approve a variance from City Code Chapter 350.775, Subd~. 5 (AB) based on the following findings: A. The retail drug store use is permitted in the Destination District. B. The pick-up window is generally an accessory use for the retail drug store business and is limited to pick up of prescriptions only. apply traditional The performance criteria for "Drive-In Businesses" as contained in City Code Chapter 350.775 appear to be set up for more intense "drive- in businesses" operations such as an outdoor movie theatre or · -, .................. ~,,~.,.,, drive-in restaurant and generally do not to the current request. The proposed use is less intense than a "drive in business." D. The freestanding building is located immediately adjacent to a commercial building ~-thea:~eAhon the north side which physically separates the retail use and d from the the- church- on Alder Road. Bethel Methodist Church is located on the east side of Commerce Boulevard and is therefore separated from the freestandinq building by a public street. The pickup window is located on the west side of the freestanding building, E. The variance criteria contained in City Code Chapter 350.530 are being met. F. Use of the pick-up window is minimal as it is expected that only 25-30 vehicles will use the facility on a daily basis. 4. This conditional use permit and variance areie approved for the following legally described property as stated in the Hennepin County Property Information System: See Exhibit A The foregoing resolution was moved by Councilmember seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted July 12, 2005 Pat Meisel, Mayor and Attest: Bonnie Ritter, City Clerk 0??0??2005 04:06 RBK INUSSTMENT$ ~ 94?20620 N0.375 ~02 Ct'T*/13; MOUNO 534t M;ywaed R=ad, Mound, MN 55~Ei~. Phone g52-472-O6DO FAX 952-472-0620 VARIANCE APPLICATION Application Fee and Escrow Deposit required at time of application. Planning Commission Date Case No. (.~ C~ Council Date Please type or print SUBJECT Address 2125 Commer(=e Boulevard PROPERTY -L-ot--I Block 1 LEGAL - DESC- Subdivision Moun~ ¥iaion~ .,,.2nd Addition .... PID# 14-117-24-41-Q.088 . Plat# ZONING DISTRICT R-1 R-lA_ R-2 R=3 ~-llst B~2 B-3 Destine%Ion rlct PROPERTY Name Mound ,Marketplace LLC OWNER Address .3800 American Blvd. W. ~760, Bloominqton, MN 55431 Phone Home 952-857-2590 Work Fax 952-857-2595 APPLICANT Name (IF OTHER Address THAN OWNER) Phone Home Work Fax. 1. Has an application over been made for zoning, variance, conditional use permit, or other z~ning procedure for this property? Yes (x) No (). If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. J Detailed description of proposed construotlon or alteration (size, number of stories, type of use, etc.); Pl~..;~ ~ ~rtdit~Qna~ use_permit o~ file Variance Infotmaflorl (7/712005) Page 4 of 6 5O HO, ~75 3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, et~,); SETBACKS: REQUIRED REQUESTED VARIANCE (or existing) Front Yard: (N S E W ) ft. ft. ft. .................. Slcle-Ya-rd'.----(N-S~EW' ) .................. ft. ff. Side Yard: ( N S E W ) Rear Yard: ( N S E W ) Lakeside: ( N $ E W ) : (NSEW) Street Frontage: Lot Size; Hardcover: ft. ft. ft. fi. ft. ft. ft. ft. ft ft. ft. ff.. ft, ft. ft, .sq ft sq ft sq ft sqft . sqft sqfl 4. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (), No (). If no, specify each~on-conformtng use: 0 Which unJque physical characteristics of the subject properly prevent its reasonable use for any of the uses permitted In that zoning district? ~ ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape ( ) soil ( ) existing situa~on ( ) other: specify ) Vadance InformalJon (7/7/2005) Page 5 of 6 51 07707/Z005, 04:06 PBK INUESTMENTS a 94?20620 NO" :375 [?04 Case No. 6. Was ~he ha~shtp described above created by the action of anyone having property interests in the ta~d after the Z°ning'ofdinance was adopted (1982)? Yes (), No ~¢~1. ¢ yes, exCain; ,. ,'-. Yes (), No ~,)~'lf yes, explain: ' Are the conditions ,of hardship for which you request, a variance peculiar only to the property described In this petition? Yes ~,.~'No (). If no, list some other properties wh. h3h are similarly affected? .,-. % ~, ' 9. Comments:. I certify that all of the above statements and the statements contained in anY required papers or plans t~ be submitted herewith are true and accurate, I aoknowledge that I have read all of the varian~ information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the Ci~ of Mound for the purpose of inspe~ing, or of posting, maintaining and remo¥i~g such notices as may be required by law, ,/ J Owner's Signature Applloant's Signature_ Date Date Variance Inf~tmatl[~n (7/7/200§) Page 6 of 6