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2009-06-09
PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA *Consent A ems: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Paae 1. Call meeting to order 1256 -1267 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. *Consent A eg nda 1. 1744 Avocet Lane — Bruce McKeenan *A. Approve payment of claims 1230 -1250 *B. Approve applications for liquor license renewals 1251 1. On-Sale: Al & Alma's Supper Club Corp. 1288 -1299 The Dailey Group, Inc. (Carbone's/Dailey's Pub) 2. 3.2 Off -Sale Malt: • PDQ Store SuperAmerica 3. Club License: American Legion Post 398 4. Sunday On -Sale: American Legion Post 398 Al & Alma's Supper Club Corp. The Dailey Group, Inc. *C. Approve Pay Request No. 2 from Widmer Construction, LLC, in the 1252 -1255 amount of $76,228.68, for work on the 2008 Drainage Improvement Project *D. Approve Resolution Approving Joint and Cooperative Agreement for 1256 -1267 use of Law Enforcement Personnel and Equipment *E. Approve Public Lands Permit applications: 1. 1744 Avocet Lane — Bruce McKeenan 1268 -1272 2. 4913 Island View Drive — Jay Humphreys 1273 -1279 3. 4917 Island View Drive — Bradley J Skapyak/Matt Skapyak 1280 -1287 4. 4743 Island View Drive — Dan Dyer 1288 -1299 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker) 06. Discussion/action on Mound Central Business District (CBD) Parking 1300 -1307 Program PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 7. Dan Faulkner, City Engineer from Bolten & Menk, with Resolution Receiving 1309 -1317 Feasibility Report and Ordering Preparation of Plans and Specifications for • 2009 Storm Drainage Improvements 8. Mark Perry, Environmental Specialist from Bolten & Menk, with Mound 1318 -1321 Storm Water Pollution Prevention Program (SWPPP) 2008 Annual Meeting 9. Approve Extension of Agreement for Professional Services for Engineering 1322 -1338 with Bolten & Menk 10. Steve McDonald, representative from Abdo, Eick & Meyers, LLP, presenting 1339 -1340 the 2008 Comprehensive Annual Financial Report and Management Letter and requesting action receiving the same 11. City Manager Kandis Hanson presenting the Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for Fiscal Year Ended December 31, 2007, to Finance Director Catherine Pausche 12. Approve an Ordinance amending Ordinance No. 08 -2003 Implementing an 1341 -1342 Electric Franchise Fee on Northern States Power DB /A Xcel Energy for Providing Electric Service with the City of Mound 13. Jim Fackler, Parks Superintendent, with Dock Permit request for 4539 Island 1343 -1348 • View Drive 14. Mark Lazarchic of Renaissance Fireworks, Inc, with appeal to sell consumer 1349 -1369 fireworks in the Mound Marketplace parking lot 15. Consideration/action on citizen petition for the removal of Waterside Lane 1370 -1380 16. Approval of minutes: May 19, 2009 joint CC/PC special meeting 1381 May 26, 2009 regular meeting 1382 -1385 17. Miscellaneous /Correspondence A. Comments /reports from Council Members B. Reports: Engineering Project Status — June 2, 2009 1386 -1387 Fire Commission Agenda — May 20, 2009 1388 Harbor Wine & Spirits — May 2009 1389 C. Minutes: Planning Commission — May 19, 2009 1390 Docks & Commons Comm — May 21, 2009 1391 -1393 D. Correspondence: 18. 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: www.citvotmound.com. COUNCIL BRIEFING June 9, 2009 • Upcoming Events Schedule: Don't Forget!! June 6 — 3:00 -12:00 — Fire Department Fish Fry June 9 — 6:30 — HRA regular meeting June 9 — 7:30 — CC regular meeting June 12 - 7:00 - City Golf Outing — Timber Creek Golf Course (Note Jun 20 —10:00 -3:00 - Dakota Rail Regional Trail Grand Opening June 23 — 6:30 — HRA regular meeting June 23 — 7:30 — CC regular meeting May 26 — 6:30 — HRA regular meeting May 26 — 7:30 — CC regular meeting July 14 — 6:30 — HRA regular meeting July 14 — 7:30 — CC regular meeting July 16 -18 — Spirit of the Lakes Festival July 28 — 6:30 — HRA regular meeting July 28 — 7:30 — CC regular meeting Nov 19 — Tree Lighting Ceremony Music in the Park — 7:00 p.m. June 18 June 25 July 9 •July 16 (Kiddie Parade) July 23 July 30 Citv Hall Closings July 3 Independence Day observation Sept 7 Labor Day City Official's Absences June 26 -July 5 Kandis Hanson Vacation Sept 12 -19 Kandis Hanson ICMA ConfNacation Location and date change) • JUNE 9, 2009 CITY COUNCIL MEETING I _ _ 052709SUE $121124.48 MAY I 060308SUE $3,343.28 JUNE I I 060909SUE $2207292.21 JUNE I TOTAL $235,759.97 -1230- City of Mound 05/27/09 2:36 PM Page 1 Payments Current Period: May 2009 ...i .. k. . 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Batch Name 052709SUE User Dollar Amt $12,124.48 Payments Computer Dollar Amt $12,124.48 $0.00 In Balance Refer 60309 SCHWALBE, SUE Cash Payment E 101 -41500 -305 Medical Services 06 -03 -09 EYE REIMBURSEMENT $50.00 Invoice 060309 6/3/2009 Transaction Date 5/27/2009 Wells Fargo 10100 Total $50.00 Refer 60309 SWARTZER,�.�a.�,�, ...d.b..> BRIAN Cash Payment E 101 -45200 -218 Clothing and Uniforms 2009 BOOT ALLOWANCE $150.00 Invoice 060309 6/3/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $150.00 Refer 60309 XCEL ENERGY Cash Payment E 101 -45200 -381 Electric Utilities 04 -09 #51- 6002837 -1 $246.22 Invoice 272365270 6/3/2009 Cash Payment E 101 -43100 -381 Electric Utilities 04 -09 #51- 6002837 -1 $741.54 Invoice 272365270 6/3/2009 Cash Payment E 601 -49400 -381 Electric Utilities 04 -09 #51- 6002837 -1 $3,280.32 Invoice 272365270 6/3/2009 Cash Payment E 602 -49450 -381 Electric Utilities 04 -09 #51- 6002837 -1 $2,041.52 Invoice 272365270 6/3/2009 Cash Payment E 609 -49750 -381 Electric Utilities 04 -09 #51- 6002837 -1 $1,323.18 Invoice 272365270 613/2009 Cash Payment E 222 -42260 -381 Electric Utilities 04 -09 #51- 6002837 -1 $930.76 Invoice 272365270 6/3/2009 Cash Payment E 101 -42110 -381 Electric Utilities 04 -09 #51- 6002837 -1 $930.76 Invoice 272365270 6/3/2009 Cash Payment E 101 -41910 -381 Electric Utilities 04 -09 #51- 6002837 -1 $1,000.21 Invoice 272365270 6/3/2009 Cash Payment E 285 -46388 -381 Electric Utilities 04 -09 #51- 6002837 -1 $1,429.97 Invoice 272365270 6/3/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $11,924.48 -1231- Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 285 MOUND HRA 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND I City of Mound Payments Current Period: May 2009 10100 Wells Fargo $3,118.73 $930.76 $1,429.97 $3,280.32 $2,041.52 $1,323.18 $12,124.48 Pre - Written Check $0.00 Checks to be Generated by the Compute $12,124.48 Total $12,124.48 r � �J -1232- 05/27109 2:36 PM Page 2 City of Mound 06/04/09 8:58 AM Page 1 Payments Period: June 2W„009 aa44 p ,w T ¢ ;¢E s pCurr�ea�nyt �an9���p y� �9. sue., ,g, Y±.hU•kE „Vc:Ybt, -. .. k! r.4 xw 4`��#.`v E^ce.'. ",3Ex��s �' 3 ,',gAwKf&C&: Pdv:�F. R ��;:lS R ", ^,a .s�'a's.»R Ki4 t` ^n�YiCib'F <,cE"i a0.. ��M'dE7`."���rp'��'k�i�X '.Y -.Sib: Batch Name 060309SUE User Dollar Amt $3,343.28 Payments Computer Dollar Amt $3,343.28 $0.00 In Balance Refer 60309 HENNEPIN COUNTY FAMILY COU _ Cash Payment G 101 -22801 Deposits /Escrow MYER, JIMMY, CASE #09 -1225, WT $500.00 #18415286 Invoice 060309 6/3/2009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $500.00 Refer — 60309 MOUND CRIME PREVENTION E. m m -,> . � -_. -. �,- -",,., - ' �-.,x- . �A -" �,, . . —11.._. ",�:- Cash Payment G 101 -22801 Deposits /Escrow SOJOURN SUITES DONATION $250.00 Invoice 60148 6/3/2009 Cash Payment E 609 -49750 -340 Advertising 2009 DARE OPEN SPONSHORSHIP $555.00 Invoice 060309 6/3/2009 Transaction Date 6/2/2009 Wells Fargo 10100 Total $805.00 Refer 60309 MUNICIPALITIES, METROPOLITAN _ Cash Payment E 101 -41310 -300 Professional Srvs 2009 LICENSE PERMIT FEE SURVEY $100.00 Invoice 060309 6/3/2009 PO 21572 Transaction Date 5/29/2009 Wells Fargo 10100 Total $100.00 Refer 60309 SPRINT WIRELESS (FIRE) Cash Payment E 222 -42260 -321 Telephone & Cells 04 -13 -09 THRU 05 -12-09 CELL PHONES $73.63 Invoice 617320297 -008 6/3/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $73.63 Refer 60309 SPRINT WIRELESS _ Cash Payment E 101-42110-321 Telephone & Cells 04 -15 -09 THRU 05 -14 -09 CELL PHONES $479.57 Invoice 772348811 -018 6/3/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $479.57 Refer 60309 VERIZON WIRELESS (P/149 _ Cash Payment E 101 -43100 -321 Telephone & Cells 05 -14 -09 THRU 06 -13 -09 CELL PHONES $261.36 Invoice 2012782356 6/312009 Cash Payment E 601 -49400 -321 Telephone & Cells 05 -14 -09 THRU 06 -13 -09 CELL PHONES $276.32 Invoice 2012782356 6/3/2009 Cash Payment E 602 -49450 -321 Telephone & Cells 05 -14 -09 THRU 06 -13 -09 CELL PHONES $228.92 Invoice 2012782356 6/3/2009 Cash Payment E 101 -42400 -321 Telephone & Cells 05 -14 -09 THRU 06 -13-09 CELL PHONES $22.85 Invoice 2012782356 6/3/2009 Cash Payment E 101 -45200 -321 Telephone & Cells 05 -14 -09 THRU 06 -13 -09 CELL PHONES $191.82 Invoice 2012782356 6/3/2009 Cash Payment E 281 -45210 -321 Telephone & Cells 05 -14 -09 THRU 06 -13 -09 CELL PHONES $9.72 Invoice 2012782356 6/3/2009 Cash Payment E 101 -41310 -321 Telephone & Cells 05 -14 -09 THRU 06 -13 -09 CELL PHONES $45.70 Invoice 2012782356 6/312009 Cash Payment G 101 -13100 Due From Other Funds 05 -14 -09 THRU 06 -13 -09 CELL PHONES $74.29 Invoice 2012782356 6/3/2009 Cash Payment G 101 -22816 Personal Cell Phone 05 -14 -09 THRU 06 -13 -09 CELL PHONES $199.76 Invoice 2012782356 6/3/2009 Transaction Date 5/27/2009 Wells Fargo 10100 Total $1,310.74 �.,�«�� Refer 60309 WEIST. KATHY -1233- I City of Mound Payments 06/04/09 8:58 AM Page 2 Current Period: June 2009 Cash Payment E 222 - 42260431 Meeting Expense FIRE COMMISSION MEETING $54.45 Invoice 060309 6/3/2009 Cash Payment E 222 -42260 -331 Use of personal auto FIRE COMMISSION MEETING $19.89 Invoice 060309 6/3/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $74.34 Fund Summary Pre - Written Check $0.00 Checks to be Generated by the Compute $3,343.28 Total $3,343.28 -1234- 10100 Wells Fargo 101 GENERAL FUND $2,125.35 222 AREA FIRE SERVICES $147.97 281 COMMONS DOCKS FUND $9.72 601 WATER FUND $276.32 602 SEWER FUND $228.92 609 MUNICIPAL LIQUOR FUND $555.00 $3,343.28 Pre - Written Check $0.00 Checks to be Generated by the Compute $3,343.28 Total $3,343.28 -1234- City of Mound 06/04/09 8:50 AM Page 1 Payments Current Period: June 2009 Batch Name 060909SUE User Dollar Amt $220,292.21 Payments Computer Dollar Amt $220,292.21 Refer 60909 A & S TRAINING, LLC _ Cash Payment E 101 - 42110 -434 Conference & Training Invoice DS- P -09 -1 6/9/2009 PO 21386 Transaction Date 5/28/2009 Refer 60909 AAA NURSERY AND LANDSCAP/N $0.00 In Balance FIREARMS INSTRUCTOR CERTIFICATION, $1,200.00 SPENCER Wells Fargo 10100 Total $1,200.00 Cash Payment E 101 -45250 -232 Landscape Material BLACK DIRT $191.70 Invoice 060909 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $191.70 Refer 60909 ALLIED WASTE SERVICES #894 Cash Payment Invoice 060909 Cash Payment Invoice 060909 Cash Payment Invoice 060909 Cash Payment Invoice 060909 Cash Payment Invoice 060909 Cash Payment Invoice 060909 Transaction Date E 670 - 49500 -440 Other Contractual Servic 05 -09 CURBSIDE RECYCLING 6/9/2009 E 222 -42260 -384 Refuse /Garbage Dispose 06 -09 GARBAGE SERVICE 6/9/2009 E 101 -42110 -384 Refuse /Garbage Disposa 06 -09 GARBAGE SERVICE 6/9/2009 E 101 -43100 -384 Refuse/Garbage Disposa 06 -09 GARBAGE SERVICE 6/9/2009 E 601 -49400 -384 Refuse /Garbage Disposa 06 -09 GARBAGE SERVICE 6/9/2009 E 602 -49450 -384 Refuse /Garbage Dispose 06 -09 GARBAGE SERVICE 6/9/2009 6/1/2009 Wells Fargo 10100 $14,280.21 $112.14 $112.14 $52.31 $52.31 $52.30 Total $14,661.41 Refer 60909 ALPHA RUG AND CARPET CLEANI Cash Payment E 101 - 41910 -440 Other Contractual Servic 05 -22 -09 CITYHALL SPOT CARPET $947.85 CLEANING Invoice 2665 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $947.85 Refer 60909�AMUNDSON, M. LLP��� Cash Payment E 609 -49750 -256 Tobacco Products For R CIGARETTES $511.20 Invoice 62408 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $511.20 Refer 60909 ANCOM TECHNICAL CENTER Cash Payment E 222 -42260 -325 Pagers -Fire Dept. PAGER REPAIRS $73.16 Invoice 9302 6/9/2009 Transaction Date 5/29/2009 Wells Fargo 10100 Total $73.16 Refer 60909 APPROVED EQUAL COMPANY _ Cash Payment E 222 - 42260 -401 Building Repairs 05 -14 -09 TEMP CONTROL REPAIRS $237.50 Invoice 10314 6/9/2009 Transaction Date 5/29/2009 Wells Fargo 10100 Total $237.50 Refer 60909 ARCTIC GLACIER PREMIUM ICE _ Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE Invoice 459915804 -A 6/9/2009 -1235- $166.08 City of Mound 06/04/09 8:50 AM Page 2 • Payments �tltl,, Current Period: Perio June 2009 {d: {&y qq�� om Cash Payment E 60949750 -265 Freight 06 -03-09 DELIVERY CHARGE $1.00 Invoice 459915804 -B 6/9/2009 Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $119.36 Invoice 381914307 -A 6/9/2009 Cash Payment E 609 -49750 -265 Freight 05 -23 -09 DELIVERY CHARGE $1.00 Invoice 381914307 -B 6/9/2009 Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $128.10 Invoice 459914104 -A 6/9/2009 Cash Payment E 609 -49750 -265 Freight 05 -21 -09 DELIVERY CHARGE $1.00 Invoice 459914104 -B 6/9/2009 Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $72.94 Invoice 381915006 -A 6/9/2009 Cash Payment E 609 -49750 -265 Freight ICE $1.00 Invoice 381915006 -B 6/9/2009 Cash Payment E 60949750 -255 Misc Merchandise For R ICE $115.44 Invoice 459914710 -A 6/9/2009 Cash Payment E 609 -49750 -265 Freight 05 -27 -09 DELIVERY CHARGE $1.00 Invoice 459914710 -B 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $606.92 Refer 60909 AUTOMATIC SYSTEMS COMPANY _ •Cash Payment G 602 -16325 Fixed Asset - Distribution Sys LAKEWOOD LANE LIFT STATION $1,500.00 Invoice 21210 -S 6/9/2009 Project PW0804 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys BAY PARK LIFT STATION $1,500.00 Invoice 21209 -S 6/9/2009 Project PWO804 Transaction Date 6/1/2009 Wells Fargo 10100 Total $3,000.00 Refer 60909 BELLBOY CORPORATION _ Cash Payment E 60949750 -251 Liquor For Resale LIQUOR $648.50 Invoice 49156800 6/9/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $3,915.30 Invoice 49093800 6/9/2009 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $19.55 Invoice 82285000 -A 6/9/2009 Cash Payment E609-49750-210 Operating Supplies BAGS. SACKS, ETC $204.88 Invoice 82285000 -B 6/9/2009 Cash Payment E 609 -49750 -255 Misc Merchandise For R CREDIT — MERCHANDISE - $34,50 Invoice 82260200 6/9/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $4,753.73 Refer 60909 BERRY COFFEE COMPANY���_� Cash Payment E 101-41110 -431 Meeting Expense COFFEE $82.95 Invoice 795770 6/912009 Cash Payment E 222 -42260 -210 Operating Supplies COFFEE $61.95 Invoice 795754 6/9/2009 Cash Payment E 22242260 -210 Operating Supplies COFFEE $39.45 Invoice 792597 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $184.35 Refer 60909 BORDER STATES ELECTRIC SUPP Cash Payment E 28546388 -223 Building Repair Supplies LAMPS AND BULBS $133.10 Invoice 99340636 6/9/2009 PO 21185 -1236- City of Mound 06/04/09 8:50 AM Page 3 Payments Current Period: June 2009 BRAKE ROTOR $285.04 Invoice 6974 -90973 6/9/2009 Cash Payment E 101 -43100 -230 Shop Materials LAMPS AND BULBS $20.81 Invoice 99340636 6/9/2009 PO 21185 $124.23 Invoice 6974 -90982 6/9/2009 Cash Payment E 601 -49400 -230 Shop Materials LAMPS AND BULBS $20.81 Invoice 99340636 6/9/2009 PO 21185 $159.49 Invoice 6974 -32221 6/9/2009 Cash Payment E 602 -49450 -230 Shop Materials LAMPS AND BULBS $20.81 Invoice 99340636 6/9/2009 PO 21185 - $30.43 Invoice 6974 -92311 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $195.53 Refer 60909 BRW ENTERPRISES _ $2.03 Invoice 6974 -92221 6/9/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $39.00 Invoice 12566 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $39.00 Refer 60909 CARQUEST AUTO PARTS (FIRE) Cash Payment E 222 - 42260 -409 Other Equipment Repair BRAKE ROTOR $285.04 Invoice 6974 -90973 6/9/2009 Cash Payment E 222 - 42260 -409 Other Equipment Repair NEUTRAL SAFETY SWITCH $124.23 Invoice 6974 -90982 6/9/2009 Cash Payment E 222 - 42260409 Other Equipment Repair REMAN ALTERNATOR $159.49 Invoice 6974 -32221 6/9/2009 Cash Payment E 222 - 42260 -409 Other Equipment Repair CREDIT — MERCHANDISE RETURN - $30.43 Invoice 6974 -92311 6/9/2009 Cash Payment E 22242260 -409 Other Equipment Repair 04 -09 FINANCE CHARGE $2.03 Invoice 6974 -92221 6/9/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $540.36 Refer 60909 CARQUEST OF NAVARRE (P/W _ Cash Payment E 101-42110 -404 Machinery/Equip Repairs #840 FUEL FILTER $8.18 Invoice 6974 - "87/5 6/912009 Cash Payment E 101 - 43100 -221 Equipment Parts #209 TRAIL FX STEP BARS $115.38 Invoice 6974 - 94437 -A 6/9/2009 Cash Payment E 60149400 -221 Equipment Parts #209 TRAIL FX STEP BARS $115.38 Invoice 6974 - 94437 -B 6/9/2009 Cash Payment E 602 -49450 -221 Equipment Parts #209 TRAIL FX STEP BARS $115.37 Invoice 6974 - 94437 -C 6/9/2009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #101 AIR FILTER $21.88 Invoice 6974 -94734 6/9/2009 Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs OIL $56.23 Invoice 6974 -9457 6/9/2009 Cash Payment E 101-43100-221 Equipment Parts #209 SEAT COVERS $17.14 Invoice 6974 - 94129 -A 6/9/2009 Cash Payment E 601 -49400 -221 Equipment Parts #209 SEAT COVERS $17.14 Invoice 6974 - 94129 -B 6/9/2009 Cash Payment E 602 -49450 -221 Equipment Parts #209 SEAT COVERS $17.13 Invoice 6974 - 94129 -C 6/9/2009 Cash Payment E 101-43100-221 Equipment Parts #209 BRAKE CONTRO $33.71 Invoice 6974 - 95188 -A 6/9/2009 Cash Payment E 601 -49400 -221 Equipment Parts #209 BRAKE CONTRO $33.71 Invoice 6974 - 95188 -B 6/9/2009 Cash Payment E 60249450 -221 Equipment Parts #209 BRAKE CONTRO $134.82 Invoice 6974 - 95188 -C 6/9/2009 -1237- • I City of Mound 06/04/09 8:50 AM Page 4 Payments Current Period: June 2009 MwwwPA Cash Payment E 101 -43100 -221 Equipment Parts #1604 SEAT COVERS $51.41 Invoice 6974 -95306 6/9/2009 Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs CONTURA SPSH GRD G STYL $74.44 Invoice 6974 -94568 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $811.92 Refer 60909 CAT AND FIDDLE BEVERAGE Cash Payment E 60949750 -253 Wine For Resale WINE $280.00 Invoice 82236 6/9/2009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $280.00 Refer 60909 CLARK PRODUCTS, INCORPORAT _ Cash Payment E 101 - 41110 -431 Meeting Expense PLASTIC SPOONS $23.91 Invoice 10148 -00 6/9/2009 PO 21298 Transaction Date 6/2/2009 Wells Fargo 10100 Total $23.91 Refer 60909 COCA COLA BOTTLING - MIDWEST Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $455.20 Invoice 0128197205 6/9/1990 Transaction Date 5/26/2009 Wells Fargo 10100 Total $455.20 Refer 60909 COVERALL CLEANING CONCEPTS Payment E 101 - 41910 -460 Janitorial Services 06 -09 CLEANING SERVICE $1,466.51 •Cash Invoice 7070142991 6/9/2009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $1,466.51 Refer 60909 DANIMAL DISTRIBUTING, INCORP Cash Payment E 609 -49750 -252 Beer For Resale BEER $360.02 Invoice 10066936 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $82.50 Invoice 10067024 6/9/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $442.52 Refer 60909 DAVISAND STANTON Cash Payment E 101 -42110 -218 Clothing and Uniforms UNIFORM BARS $205.00 Invoice 17405 6/9/2009 PO 21380 Transaction Date 6/3/2009 Wells Fargo 10100 Total $205.00 Refer 60909 DAY DISTRIBUTING COMPANY Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,770.15 Invoice 506642 6/9/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $440.00 Invoice 505518 6/9/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $0.06 Invoice 505519 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,940.51 Invoice 505732 6/9/2009 Cash Payment E 60949750 -252 Beer For Resale BEER $81.60 Invoice 22309 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $7,232.32 Refer 60909 DESIGN SERVICES -1238- City of Mound 06/04/09 8:50 AM Page 5 Payments Current Period: June 2009 Refer 60909 FIRST STATE TIRE RECYCLING Cash Payment E 670 - 49500 -460 Janitorial Services Cash Payment E 281 -45210 -300 Professional Srvs GULL LANE ACCESS STAIRWAY Invoice 020039 6/9/2009 $120.00 CONSTRCUTION DRAWINGS Wells Fargo 10100 Total $765.00 Invoice 060909 6/9/2009 Cash Payment E 101 -43100 -218 Clothing and Uniforms Transaction Date 5/28/2009 Wells Fargo 10100 Total $120.00 Refer 60909 DOCK AND LIFT, INCORPORATED Cash Payment E 601-49400-218 Clothing and Uniforms 05 -25 -09 UNIFORMS $26.56 Cash Payment E 28145210 -500 Capital Outlay FA STANDARD DOCK SECTION, PAINTED DECK $10,085.55 Invoice 15288 6/9/2009 PO 21187 $41.38 Invoice 6605330 -C 6/9/2009 Transaction Date 6/2/2009 Wells Fargo 10100 Total $10,085.55 Refer 60909 DURKIN, DAVID Cash Payment E 601 -49400 -230 Shop Materials Cash Payment G 101 -23177 5139 Waterbury Road, Abate 5139 WATERBURY ROAD $38.34 $32,152.00 Invoice 060909 6/9/2009 Cash Payment E 602 -49450 -230 Shop Materials 05 -25 -09 MATS Transaction Date 6/3/2009 Wells Fargo 10100 Total $32,152.00 Refer 60909 ESS BROTHERS AND SONS, 1NCO 05 -18 -09 UNIFORMS $29.19 Invoice 6593164-A 6/9/2009 Cash Payment E 60249450 -220 Repair/Maint Supply MANHOLE ADJUSTMENT RINGS Cash Payment E 601 -49400 -218 Clothing and Uniforms $362.10 Invoice MM1436 6/9/2009 PO 21568 Invoice 6593164 -B 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $362.10 Refer 60909 FIRST STATE TIRE RECYCLING Cash Payment E 670 - 49500 -460 Janitorial Services 05 -09 -09 RECYCLE DAY $765.00 Invoice 020039 6/9/2009 Transaction Date 613/2009 Wells Fargo 10100 Total $765.00 Refer 60909 G & K SERVICES _ Cash Payment E 101 -43100 -218 Clothing and Uniforms 05 -25 -09 UNIFORMS $29.19 Invoice 6605330 -A 6/9/2009 Cash Payment E 601-49400-218 Clothing and Uniforms 05 -25 -09 UNIFORMS $26.56 Invoice 6605330 -B 6/9/2009 Cash Payment E 602 -49450 -218 Clothing and Uniforms 05 -25 -09 UNIFORMS $41.38 Invoice 6605330 -C 6/9/2009 Cash Payment E 101 -43100 -230 Shop Materials 05 -25 -09 MATS $38.34 Invoice 6605330 -D 6/9/2009 Cash Payment E 601 -49400 -230 Shop Materials 05 -25 -09 MATS $38.34 Invoice 6605330 -E 6/9/2009 Cash Payment E 602 -49450 -230 Shop Materials 05 -25 -09 MATS $38.33 Invoice 6605330 -F 6/9/2009 Cash Payment E 101 -43100 -218 Clothing and Uniforms 05 -18 -09 UNIFORMS $29.19 Invoice 6593164-A 6/9/2009 Cash Payment E 601 -49400 -218 Clothing and Uniforms 05 -18 -09 UNIFORMS $26.56 Invoice 6593164 -B 6/9/2009 Cash Payment E 602 -49450 -218 Clothing and Uniforms 05 -18 -09 UNIFORMS $41.38 Invoice 6598164 -C 6/9/2009 Cash Payment E 101 -43100 -230 Shop Materials 05 -18 -09 MATS $71.52 Invoice 6598164 -D 6/9/2009 Cash Payment E 101 -45200 -218 Clothing and Uniforms 05 -26 -09 UNIFORMS $15.92 Invoice 6605331 -A 6/9/2009 Cash Payment E 101 -45200 -210 Operating Supplies 05 -26 -09 MATS $61.81 Invoice 6605331 -B 6/9/2009 Cash Payment E 601 -49400 -230 Shop Materials 05 -18 -09 MATS $71.52 Invoice 6598164 -E 6/9/2009 -1239- . 1 City of Mound 06/04/09 10:37 AM Page 6 • Payments Current Period: June 2009 yzyr g Cash Payment E 609 - 49750 -460 Janitorial Services 05 -25 -09 MATS $56.16 Invoice 6605329 6/9/2009 Cash Payment E 602 -49450 -230 Shop Materials 05 -18 -09 MATS $71.51 Invoice 6598164 -F 6/9/2009 Cash Payment E 101 -45200 -218 Clothing and Uniforms 06 -01 -09 UNIFORMS $19.71 Invoice 6617443 -A 6/9/2009 Cash Payment E 101 -45200 -210 Operating Supplies 06 -01 -09 MATS $63.79 Invoice 6617443 -B 6/9/2009 Cash Payment E 101-41910-460 Janitorial Services 06 -01 -09 MATS $202.19 Invoice 6617442 6/9/2009 Cash Payment E 609 - 49750 -460 Janitorial Services 06 -01 -09 MATS $68.30 Invoice 6617440 6/9/2009 Cash Payment E 101 - 42110 -460 Janitorial Services 05 -18 -09 MATS $63.72 Invoice 6593167 6/9/2009 Cash Payment E 222 - 42260 -460 Janitorial Services 05 -18 -09 MATS $82.27 Invoice 6593166 6/9/2009 Transaction Date 5127/2009 Wells Fargo 10100 Total $1,157.69 Refer 60909 GARY'S DIESEL SERVICE Cash Payment E 222 - 42260 -409 Other Equipment Repair STARTER AND STARTER CORE $419.01 Invoice 8149 6/9/2009 •Transaction Date 6/1/2009 Wells Fargo 10100 Total $419.01 Refer 60909 GERTENS _ Cash Payment E 101 -45200 -232 Landscape Material PLANTS $1,363.20 Invoice 169331 6/9/2009 Cash Payment E 101 -45200 -232 Landscape Material PLANTS $1,054.88 Invoice 170116 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $2,418.08 Refer 60909 GLENWOOD INGLEWOOD _ Cash Payment E 101 -41910 -210 Operating Supplies 05 -22 -09 HOT AND COLD FILTER $121.10 Invoice 6772181 6/9/2009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $121.10 Refer 60909 GREEN GRASS IRRIGATION, INCO Cash Payment E 281 -45210 -300 Professional Srvs START UP FOR THE WATER SYSTEM AT $93.64 LOST LAKE DOCKS Invoice 1426 619/2009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $93.64 Refer 60909 HAWKlNS, INCORPORATED Cash Payment E 601 -49400 -227 Chemicals CHLORINE CYLINDER $2,019.70 Invoice 3020026 -RI 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $2,019.70 Refer 60909 HD SUPPLY WATERWORKS, LTD Cash Payment E 601 -49400 -220 Repair /Maint Supply PRESSURE GUAGES $57.81 Invoice 8953547 6/9/2009 PO 21565 •Transaction Date 5/26/2009 Wells Fargo 10100 Total $57.81 Refer 60909 HENNEPIN COUNTY INFORMATIO Cash Payment E 222 - 42260 -418 Other Rentals 04 -09 RADIO LEASE $1,027.07 Invoice 29048036 6/9/2009 -1240- City of Mound 06 /04109 8:50 AM Page 7 Payments Current Period: June 2009 Transaction Date 5/29/2009 Wells Fargo 10100 Total $1,027.07 Refer 60909 HOHENSTEINS, INCORPORATED Cash Payment E 609 -49750 -252 Beer For Resale BEER $177.00 Invoice 487716 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $177.00 Refer 60909 HOISINGTON KOEGLER GROUP, I Cash Payment E 401 -46540 -300 Professional Srvs 04 -09 MOUND VISIONS $2,405.00 Invoice 007 - 024 -12 6/9/2009 Cash Payment E 101 -42110 -300 Professional Srvs 04 -09 COMPREHENSIVE PLAN $354.00 Invoice 006 -020 -9 6/9/2009 Project 06002 Cash Payment G 101 -23206 5525 Sherwood #09 -02 Boun 04 -09 5525 SHERWOOD LANE $41.50 Invoice 007 - 001 -16 -A 6/9/2009 Cash Payment E 101 -42400 -300 Professional Srvs 04 -09 MISCELLANEOUS PLANNING $249.00 Invoice 007 - 001 -16 -B 6/9/2009 Cash Payment G 101 -23202 6001 Ridgewood Road #08 -1 04 -09 6001 RIDGEWOOD ROAD #08 -17 $62.25 VARIANCE Invoice 007 - 005 -15 -A 6/9/2009 Cash Payment G 101 -23203 5955 Donald Drive #09 -01 Va 04 -09 4955 DONALD DRIVE 09 -01 VARIANCE $62.25 Invoice 007 - 005 -15 -B 6/9/2009 Cash Payment G 101 -23208 5060 Edgewater Drive Varian 04 -09 5060 EDGEWATER DRIVE VARIANCE $124.50 Invoice 007 - 005 -15 -C 6/9/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $3,298.50 Refer 60909 HOLASEK, EARL AND SON GREEN Cash Payment E 101 -45200 -232 Landscape Material HANGING BASKETS $623.03 Invoice 060909 6/9/2009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $623.03 Refer 60909 HOME DEPOT /GECF (P/149 _ Cash Payment E 602 -49450 -220 Repair /Maint Supply FITTINGS $58.81 Invoice 060909 6/9/2009 Cash Payment E 101 -43100 -230 Shop Materials STRAPS, WIRE GUARD, ETC $61.32 Invoice 060909 6/9/2009 Cash Payment E 601 -49400 -230 Shop Materials STRAPS, WIRE GUARD, ETC $61.32 Invoice 060909 6/9/2009 Cash Payment E 602 -49450 -230 Shop Materials STRAPS, WIRE GUARD, ETC $61.33 Invoice 060909 6/9/2009 Transaction Date 5/27/2009 Wells Fargo 10100 Total $242.78 Refer 60909 HOVREN, TODDS�F�� Cash Payment G 101 -23007 Erosion Control Escrow 4552 DENBIGH ROAD #2006 -00021 $500.00 Invoice 060909 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $500.00 Refer � 60909 IMPACT MEDICAL COMPANY Cash Payment E 222 - 42260 -409 Other Equipment Repair REPAIR PORTABLE ASPIRATOR $152.88 Invoice 92059 6/9/2009 PO 21521 Transaction Date 5/28/2009 Wells Fargo 10100 Total $152.88 Refer 60909 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE - $11.10 Invoice 419757 6/9/2009 -1241- I City of Mound 06/04/09 8:50 AM Page 8 Payments Current Period: June 2009 WINM P s WAN Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $717.50 Invoice 1634393 6/9/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,809.90 Invoice 1634392 6/9/2009 Cash Payment Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,066.20 Invoice 1634391 6/9/2009 Invoice 89548 -A Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $98.39 Invoice 1638896 6/9/2009 $493.50 Invoice 89548 -B1 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,112.00 Invoice 1638895 6/9/2009 $479.50 Invoice 89548 -62 Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,620.61 Invoice 1638894 6/9/2009 $119.00 Invoice 89548 -63 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,436.18 Invoice 1638893 6/9/2009 $469.00 Invoice 89548 -C Transaction Date 5/26/2009 Wells Fargo 10100 Total $8,849.68 Refer .,,..60909 JUBILEE FOODS Wells Fargo 10100 Total $2,522.50 Cash Payment E 601 - 49400 -434 Conference & Training 05 -20 -09 HYDRANT CLASS $17.95 Invoice 052009 6/9/2009 Cash Payment E 609 -49750 -255 Misc Merchandise For R 05 -09 LEMONS AND LIMES $68.68 Invoice 052009 6/9/2009 Cash Payment E 609 -49750 -255 Misc Merchandise For R 05 -29 -09 LEMONS AND LIMES $60.98 Invoice 052009 6/9/2009 Cash Payment E 101 - 42115 -431 Meeting Expense 05 -01 -09 OPERATION BLACKCAT $10.58 Invoice 052009 6/9/2009 Cash Payment E 101 - 42115-431 Meeting Expense 05 -02 -09 OPERATION BLACK CAT $19.95 Invoice 052009 6/9/2009 Cash Payment E 222- 42260 -431 Meeting Expense 05 -11 -09 COMMISSION MEETING $65.78 Invoice 052009 6/9/2009 Cash Payment E 222 - 42260 -431 Meeting Expense FIRE COMMISSION MEETING $18.69 Invoice 052009 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $262.61 Refer 60909 KEEPERS, INCORPORATED Cash Payment E 101 -42115 -210 Operating Supplies FLASHBANGS $829.81 Invoice 111921 6/9/2009 PO 21382 Transaction Date 5/28/2009 Wells Fargo 10100 Total $829.81 Refer 60909 KENNEDYAND GRAVEN Cash Payment E 101 -41600 -300 Professional Srvs 04 -09 REVIEW AND PREPARE FOR COUNCIL $961.50 MEETING Invoice 89548 -A 6/9/2009 Cash Payment G 101 -22908 Mound Harbor Renaissance 04 -09 MOUND HARBOR RENAISSANCE $493.50 Invoice 89548 -B1 6/9/2009 Cash Payment G 101 -23089 MHR Phase 11 Auditors Road 04 -09 MHR PHASE 11 AUDITORS ROAD $479.50 Invoice 89548 -62 6/9/2009 Cash Payment E 475 -46386 -300 Professional Srvs 04 -09 TIF 1 -3 MHR $119.00 Invoice 89548 -63 1 6/9/2009 •Cash Payment E 475 -46386 -300 Professional Srvs 04 -09 TIF 1 -3 MHR $469.00 Invoice 89548 -C 619/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $2,522.50 -1242- Refer 60909 MATRX MEDICAL Cash Payment E 101 -42110 -219 Safety supplies RESUSCITATOR CASE AND SUPPLIES $169.34 Invoice 4095955 -01 6/9/2009 PO 21367 Cash Payment E 101 -42110 -219 Safety supplies RESUSCITATOR CASE AND SUPPLIES $133.28 Invoice 4095833 -01 6/9/2009 PO 21367 Transaction Date 5/28/2009 Wells Fargo 10100 Total $302.62 Refer 60909 MIDWESTASPHALT CORPORA TIO Cash Payment E 101 -43100 -224 Street Maint Materials 05 -21 -09 SAND MIX $262.00 Invoice 98969MB 6/9/2009 -1243- City of Mound 06/04109 8:50 AM Page 9 Payments Current Period: June 2009 Refer 60909 MAINSTREAM SOLUTIONS Cash Payment E 222 -42260 -300 Professional Srvs 06 -09 SPAM VIRUS FILTERING $37.50 Invoice 060909 -A 6/9/2009 Cash Payment E 101 - 42110 -400 Repairs & Maintenance 06 -09 SPAM VIRUS FILTERING $37.50 Invoice 060909 -B 6/9/2009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $75.00 Refer 60909 MARIETTA, MARTIN AGGREGATE _ Cash Payment E 101 -43100 -224 Street Maint Materials 1/4 W CHIP $274.63 Invoice 7712640 6/9/2009 Cash Payment E 101 -43100 -224 Street Maint Materials 1/4 W CHIP $298.32 Invoice 7695334 6/9/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $572.95 Refer 60909 MARK VII DISTRIBUTOR Cash Payment E 609 - 49750 -252 Beer For Resale BEER $21.50 Invoice 469924 6/9/2009 Cash Payment E 60949750 -252 Beer For Resale BEER $6,162.26 Invoice 469923 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $140.00 Invoice 469922 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $0.01 Invoice 467301 6/9/2009 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $177.00 Invoice 467304 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,507.15 Invoice 467302 6/9/2009 Cash Payment E 60949750 -252 Beer For Resale BEER $22.00 Invoice 467303 6/9/2009 Cash Payment E 609 -49750 -251 Liquor For Resale BEER $64.50 Invoice 467305 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $9,094.42 Refer 60909 MARLIN'S TRUCKING DELIVERY Cash Payment E 60949750 -265 Freight 05 -04 -09 DELIVERY CHARGE $14.40 Invoice 22366 6/9/2009 Cash Payment E 609 -49750 -265 Freight 05 -07 -09 DELIVERY CHARGE $140.40 Invoice 22388 6/9/2009 Cash Payment E 609 -49750 -265 Freight 05 -14 -09 DELIVERY CHARGE $415.20 Invoice 22412 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $570.00 Refer 60909 MATRX MEDICAL Cash Payment E 101 -42110 -219 Safety supplies RESUSCITATOR CASE AND SUPPLIES $169.34 Invoice 4095955 -01 6/9/2009 PO 21367 Cash Payment E 101 -42110 -219 Safety supplies RESUSCITATOR CASE AND SUPPLIES $133.28 Invoice 4095833 -01 6/9/2009 PO 21367 Transaction Date 5/28/2009 Wells Fargo 10100 Total $302.62 Refer 60909 MIDWESTASPHALT CORPORA TIO Cash Payment E 101 -43100 -224 Street Maint Materials 05 -21 -09 SAND MIX $262.00 Invoice 98969MB 6/9/2009 -1243- City of Mound 06/04/09 8:50 AM Page 10 • Payments Current Period: June 2009 Transaction Date 6/2/2009 Wells Fargo 10100 Total $262.00 Refer 60909 MINNESOTA DEPT OF HEALTH Cash Payment R 601 -49400 -37170 State fee - Water 04 -1 -09 THRU 06 -30 -09 CONNECTION FEE $5,883.00 Invoice 060909 6/9/2009 Transaction Date 5/27/2009 Wells Fargo 10100 Total $5,883.00 Refer 60909 MINNESOTA ROADWAYS COMPA Cash Payment E 101 -43100 -224 Street Maint Materials ASPHALT EMULSION $504.81 Invoice 59116 6/9/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $504.81 Refer 60909 MINNESOTA VALLEY TESTING LA Cash Payment E 601 - 49400 -470 Water Samples COLIFORM, MF - WATER TESTING $77.50 Invoice 446059 6/9/2009 Transaction Date 6/2/2009 Wells Fargo 10100 Total $77.50 Refer 60909 MORGAN, STAN AND ASSOCIATE Cash Payment E 609 - 49750 -400 Repairs & Maintenance CONVEYOR SHELVING $837.68 Invoice 55627 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $837.68 Refer 60909 MORRELL ENTERPRISES, LP _ •Cash Payment E 670 - 49500 -460 Janitorial Services 05 -09 -09 RECYCLE DAY $2,935.06 Invoice 18049 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $2,935.06 Refer 60909 MULCH STORE, THE Cash Payment E 101 -45200 -232 Landscape Material WOOD CHIPS $862.65 Invoice 8069530 6/9/2009 Transaction Date 5/29/2009 Wells Fargo 10100 Total $862.65 Refer 60909 MUZAK - MINNEAPOLIS Cash Payment E 609- 49750 -440 Other Contractual Servic 06 -09 MUSIC SERVICE $102.37 Invoice A420562 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $102.37 Refer 60909 NORD, JENNIFER Cash Payment R 281 -45210 -34725 Dock Permits REFUND TP19677 WIOTA $300.00 Invoice 060909 6/9/2009 Cash Payment R 281 -45210 -34705 LMCD Fees REFUND TP19677 WIOTA $11.25 Invoice 060909 6/9/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $311.25 Refer 60909 NORTHERN WATER WORKS SUPP Cash Payment E 601 -49400 -220 Repair / Maint Supply METERS (10) $1,213.27 Invoice S01197720.001 6/9/2009 PO 21571 Transaction Date 6/1/2009 Wells Fargo 10100 Total $1,213.27 Refer 60909 NS /I MECHANICAL CONTRACTING, Cash Payment E 101 - 41910 -440 Other Contractual Servic 05 -01 -09 THRU 08 -31 -09 MAINTENANCE $1,060.00 Invoice C000832 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $1,060.00 Refer 60909 OFFICE DEPOT - -1244- City of Mound 06/04/09 8:50 AM Page 11 Payments Current Period: June 2009 E 609 -49750 -253 Wine For Resale WAVAI I 'i'�" `'5 A'Wew, $1,994.30 Invoice 2757273 Cash Payment E 101 -42110 -200 Office Supplies PAPER $36.16 Invoice 475258552 -A 6/9/2009 PO 21471 E 609 - 49750 -251 Liquor For Resale LIQUOR Cash Payment E 101 -41310 -200 Office Supplies PAPER $32.54 Invoice 475258552 -B 6/9/2009 PO 21471 Cash Payment Cash Payment E 101 -41500 -200 Office Supplies PAPER $36.16 Invoice 475258552 -C 6/9/2009 PO 21471 6/9/2009 Cash Payment E 101 -42400 -200 Office Supplies PAPER $27.12 Invoice 475258552 -D 6/9/2009 PO 21471 - $10.00 Invoice 3411824 Cash Payment E 10145200 -200 Office Supplies PAPER $12.65 Invoice 475258552 -E 6/9/2009 PO 21471 5/26/2009 Wells Fargo 10100 Cash Payment E 10143100 -200 Office Supplies PAPER $9.04 Invoice 475258552 -F 6/9/2009 PO 21471 Cash Payment E 609 -49750 -200 Office Supplies PAPER $5.41 Invoice 475258552 -G 6/9/2009 PO 21471 Cash Payment E 601 -49400 -200 Office Supplies PAPER $10.85 Invoice 475258552 -H 6/912009 PO 21471 Cash Payment E 602 -49450 -200 Office Supplies PAPER $10.85 Invoice 475258552 -1 6/9/2009 PO 21471 Cash Payment E 601 -49400 -200 Office Supplies LABELS, FOLDERS $12.97 Invoice 475257376 -A 6/9/2009 PO 21566 Cash Payment E 602 -49450 -200 Office Supplies LABELS, FOLDERS $12.97 Invoice 475257376 -B 6/9/2009 PO 21566 Cash Payment E 281 -45210 -200 Office Supplies LABELS, FOLDERS $6.48 Invoice 475257376 -C 6/9/2009 PO 21566 Cash Payment E 22242260 -200 Office Supplies VELCRO $29.22 Invoice 473052127 6/9/2009 PO 21519 Transaction Date 5/26/2009 Wells Fargo 10100 Total $242.42 Refer � 60909 PAUSTIS AND SONS WINE COMPA��n������ -���* Cash Payment E 60949750 -253 Wine For Resale WINE $141.00 Invoice 8223939 -A 6/9/2009 Cash Payment E 609 -49750 -265 Freight 06 -01 -09 DELIVERY CHARGE $5.25 Invoice 8223939 -B 6/9/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $466.00 Invoice 8223320 -A 6/9/2009 Cash Payment E 609 -49750 -265 Freight 05 -26 -09 DELIVERY CHARGE $12.50 Invoice 8223320 -B 6/9/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $624.75 Refer 60909 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,994.30 Invoice 2757273 6/9/2009 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $406.00 Invoice 2757272 6/9/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,015.65 Invoice 2706497 6/9/2009 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WIN - $10.00 Invoice 3411824 6/912009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $3,405.95 Refer 60909 PLUNKE77S, INCORPORATED -1245- I City of Mound 06/04/09 8:50 AM Page 12 Payments Current Period: June 2009 ,�. €, srs�;: +�E.u. �«�� s.� n "...F �� �;R_s s ,,�,.,a ....�# Cash Payment Invoice 060909 Cash Payment Invoice 060909 E 101 -41910 -384 Refuse /Garbage Disposa 05 -09 GARBAGE SERVICE 6/9/2009 E 101 -45200 -384 Refuse /Garbage Disposa 05 -09 GARBAGE SERVICE 6/9/2009 $156.23 $189.52 Transaction Date 5/26/2009 Wells Fargo 10100 Total $345.75 Refer 60909 RESERVE OFFICERS ASSOC OF M Cash Payment G 101 -22803 Police Reserves 03 -28 -09 RESERVE OFFICERS $45.00 CONFERENCE, STEELE Invoice 17238651 6/9/2009 PO 21383 Cash Payment G 101 -22803 Police Reserves Invoice 17238651 6/9/2009 PO 21383 Cash Payment G 101 -22803 Police Reserves Invoice 17238651 6/9/2009 PO 21383 Cash Payment G 101 -22803 Police Reserves 03 -28 -09 RESERVE OFFICERS $45.00 CONFERENCE,SANDE 03 -28 -09 RESERVE OFFICERS $45.00 CONFERENCE, HWAY 03 -28 -09 RESERVE OFFICERS $45.00 CONFERENCE, SIMON Invoice 17238651 6/9/2009 PO 21383 Transaction Date 5/28/2009 Wells Fargo 10100 Total $180.00 Refer 60909 SCHARBER AND SONS Cash Payment E 222 - 42260 -409 Other Equipment Repair • Invoice 02- 2010574 6/9/2009 PO 19568 Cash Payment E 222 - 42260 -409 Other Equipment Repair Invoice 02- 2010564 6/9/2009 PO 19568 #18 CHAIN SAW $50.00 #18 CHAIN SAW $31.43 -1246- Cash Payment E 609 - 49750 -440 Other Contractual Servic MAY JUNE JULY PEST CONTROL $45.00 Invoice 1273864 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $45.00 Refer 60909 QUALITY WINE AND SPIRITS Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $906.65 Invoice 159790 6/9/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $348.00 Invoice 159789 6/9/2009 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $38.07 Invoice 162763 -A 6/9/2009 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $114.50 Invoice 162763 -B 6/9/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $967.01 Invoice 162775 6/9/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $224.00 Invoice 162845 6/9/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $7,897.04 Invoice 162849 6/912009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $10,495.27 • Refer 60909 R.C. ELECTRIC, INCORPORATED SWITCH IN MEDIA ROOM $593.80 Cash Payment E 101- 41910 -401 Building Repairs Invoice 2226 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $593.80 Refer 60909 RANDY'S SANITATION Cash Payment Invoice 060909 Cash Payment Invoice 060909 E 101 -41910 -384 Refuse /Garbage Disposa 05 -09 GARBAGE SERVICE 6/9/2009 E 101 -45200 -384 Refuse /Garbage Disposa 05 -09 GARBAGE SERVICE 6/9/2009 $156.23 $189.52 Transaction Date 5/26/2009 Wells Fargo 10100 Total $345.75 Refer 60909 RESERVE OFFICERS ASSOC OF M Cash Payment G 101 -22803 Police Reserves 03 -28 -09 RESERVE OFFICERS $45.00 CONFERENCE, STEELE Invoice 17238651 6/9/2009 PO 21383 Cash Payment G 101 -22803 Police Reserves Invoice 17238651 6/9/2009 PO 21383 Cash Payment G 101 -22803 Police Reserves Invoice 17238651 6/9/2009 PO 21383 Cash Payment G 101 -22803 Police Reserves 03 -28 -09 RESERVE OFFICERS $45.00 CONFERENCE,SANDE 03 -28 -09 RESERVE OFFICERS $45.00 CONFERENCE, HWAY 03 -28 -09 RESERVE OFFICERS $45.00 CONFERENCE, SIMON Invoice 17238651 6/9/2009 PO 21383 Transaction Date 5/28/2009 Wells Fargo 10100 Total $180.00 Refer 60909 SCHARBER AND SONS Cash Payment E 222 - 42260 -409 Other Equipment Repair • Invoice 02- 2010574 6/9/2009 PO 19568 Cash Payment E 222 - 42260 -409 Other Equipment Repair Invoice 02- 2010564 6/9/2009 PO 19568 #18 CHAIN SAW $50.00 #18 CHAIN SAW $31.43 -1246- City of Mound 06/04/09 8:50 AM Page 13 Payments Current Period: June 2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $81.43 Refer 60909 SCHWAAB, INCORPORATED _ Cash Payment E 222 -42260 -200 Office Supplies SIGNATURE STAMP $38.86 Invoice Y17268 619/2009 PO 21523 Transaction Date 5128/2009 Wells Fargo 10100 Total $38.86 Refer 60909 SENTRY SYSTEMS, INCORPORAT Cash Payment E 609 - 49750 -440 Other Contractual Servic 06 -01 -09 THRU 12 -31-09 FIRE /SPRINKLER $85.90 TEST Invoice 600018 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $85.90 Refer 60909 SHANKEN COMMUNICATIONS, INC Cash Payment E 609 -49750 -255 Misc Merchandise For R 05 -31 -90 PUBLICATION $15.00 Invoice 274132 6/9/2009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $15.00 Refer 60909 SIGNAGE, THE Cash Payment E222-42260-210 Operating Supplies REFLECTIVE DECAL, MAAS $19.17 Invoice 19072 6/9/2009 Transaction Date 5128/2009 Wells Fargo 10100 Total $19.17 Refer 60909 ST. PAUL, CITY OF _ Cash Payment E 101 -43100 -224 Street Maint Materials ASPHALT MIX $129.21 Invoice 109589 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $129.21 Refer 60909 STANCHFIELD, RONALD Cash Payment E 281 -45210 -331 Use of personal auto 05 -18 -09 THRU 05 -27-09 MILEAGE $27.50 Invoice 060909 6/912009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $27.50 Refer 60909 STREICHER'S Cash Payment E 101 -42110 -218 Clothing and Uniforms UNIFORMS, CHIEF $47.99 Invoice 1622968 6/9/2009 PO 21381 Cash Payment E 101 -42110 -218 Clothing and Uniforms UNIFORMS, CHIEF $43.99 Invoice 1627080 6/9/2009 PO 21381 Cash Payment E 101 -42110 -218 Clothing and Uniforms UNIFORMS, CHIEF $129.98 Invoice 1629271 6/9/2009 PO 21381 Cash Payment E 101 -42110 -219 Safety supplies GUN CLENAING PATCHES $29.98 Invoice 1628285 6/9/2009 PO 21378 Cash Payment E 101 -42110 -218 Clothing and Uniforms CREDIT — RETURN SHIRT - $29.99 Invoice CM234038 6/9/2009 PO 21374 Transaction Date 5/28/2009 Wells Fargo 10100 Total $221.95 Refer 60909 SUBURBAN TIRE WHOLESALE, IN Cash Payment E 101- 45200 -404 Machinery/Equip Repairs TIRE $84.61 Invoice 10082422 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $84.61 Refer 60909 TAYLOR MADE HOMES., >., Cash Payment G 101 -23007 Erosion Control Escrow 5331 THREE POINTS $5,800.00 Invoice 060909 6/9/2009 -1247- I► City of Mound Payments 06/04109 8:50 AM Page 14 Current Period: June 2009 ?R4, `fi";4'> , R''f�&A"ANA „.� � A H ' ) ,,,_ ..> ..��s>... Transaction Date 5/26/2009 Wells Fargo 10100 Total $5,800.00 Refer 60909 TAYLOR, J.J. DISTRIBUTING MINN Cash Payment E 609 -49750 -252 Beer For Resale BEER $44.60 Invoice 1279240 6/912009 Invoice 544287 6/9/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQURO $990.00 Invoice 1269120 6/912009 $8,260.60 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,555.65 Invoice 1279239 6/9/2009 E 609 -49750 -252 Beer For Resale BEER Cash Payment E 609 -49750 -252 Beer For Resale BEER $4,673.40 Invoice 1279200 6/9/2009 Cash Payment Transaction Date 6/1/2009 Wells Fargo 10100 Total $7,263.65 Refer 60909 THORPE DISTRIBUTING COMPAN Refer 60909 UNIFORMS UNLIMITED •Cash Payment E 222 -42260 -210 Operating Supplies SHIRT, MAAS $31.95 Invoice 472915 6/9/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $31.95 _. �..... .,1ti —1 ,,_ �. �1- .... ti..,. -- - ",Z m -,� . .�,.. M.,�r, ., w..,,,. , ,....�. Refer 60909 VALLEY NATIONAL GASES LOC 90 Cash Payment E 609 -49750 -252 Beer For Resale BEER $237.55 Invoice 544287 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $8,260.60 Invoice 544288 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $369.60 Invoice 543125 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $125.00 •Invoice 71760 Cash Payment 6/9/2009 E 609 -49750 -252 Beer For Resale BEER $26.00 Invoice 71838 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $4,204.50 Invoice 543255 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $127.30 Invoice 543256 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $255.15 Invoice 543838 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $369.60 Invoice 543125 6/9/2009 Cash Payment E 609 -49750 -252 Beer For Resale CREDIT -BEER - $23.50 Invoice 542326 -B 6/9/2009 Transaction Date 5/26/2009 , , �.n Wells Fargo 10100 Total ��..__� � ,.,1 -1 �.. $13,951.80 �_�_ ..., .., .: ,._�,� Refer 60909 THYSSEN -KR UPP ELEVATOR COR ..�u ..n„ � __. .-.. Cash Payment E 101 - 41910 -440 Other Contractual Servic 06 -01 -09 THRU 08 -31 -09 ELEVATOR $656.93 MAINTENANCE Invoice 155300 6/9/2009 Transaction Date 5/29/2009 Wells Fargo 10100 Total $656.93 Refer 60909 UNIFORMS UNLIMITED •Cash Payment E 222 -42260 -210 Operating Supplies SHIRT, MAAS $31.95 Invoice 472915 6/9/2009 Transaction Date 5/28/2009 Wells Fargo 10100 Total $31.95 _. �..... .,1ti —1 ,,_ �. �1- .... ti..,. -- - ",Z m -,� . .�,.. M.,�r, ., w..,,,. , ,....�. Refer 60909 VALLEY NATIONAL GASES LOC 90 City of Mound 06/04/09 8:50 AM Page 15 Payments Current Period: June 2009 ...rfr —. -.. ..,aa• I,....M e »34 ,.s Cash Payment E 222 - 42260 -418 Other Rentals AIR AND OXYGEN $35.92 Invoice 883974 6/9/2009 Transaction Date 5/29/2009 Wells Fargo 10100 Total $35.92 Refer 60909 VINOCOPIA, INCORPORATED Cash Payment E 609 -49750 -253 Wine For Resale WINE $144.00 Invoice 15599 -A 6/9/2009 Cash Payment E 609 -49750 -265 Freight 05 -20 -09 DELIVERY CHARGE $4.00 Invoice 15599 -B 6/9/2009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $148.00 Refer 60909 WICKOOLER Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $30.00 Invoice 98 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $30.00 Refer 60909 WIDMER CONSTRUCTION, LLC Cash Payment E 601 - 49400 -400 Repairs & Maintenance 04 -40 -09 HOM WATERLINE DISCONNECT $330.00 Invoice 2580 6/912009 Cash Payment E 601- 49400 -400 Repairs & Maintenance 05 -11 -09 WREN ROAD $400.00 Invoice 2585 619/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $730.00 Refer 60909 WINE COMPANY Cash Payment E 609 -49750 -253 Wine For Resale WINE $682.00 Invoice 218348 -A 6/9/2009 Cash Payment E 609 -49750 -265 Freight 05 -21 -09 DELIVERY CHARGE $9.90 Invoice 218348 -B 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $691.90 Refer 60909 WINE CONNECT Cash Payment E 609 -49750 -340 Advertising 06-09 MANAGE WEBSITE $94.79 Invoice 246 6/9/2009 Transaction Date 6/3/2009 Wells Fargo 10100 Total $94.79 Refer 60909 WINE MERCHANTS Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,808.00 Invoice 274831 6/912009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,217.50 Invoice 275765 6/912009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $4,025.50 Refer 60909 WINE NEWS INCORPORATED Cash Payment E 609 -49750 -255 Misc Merchandise For R 06 -09 PUBLICATION $14.85 Invoice 270943 6/912009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $14.85 Refer 60909 WIRTZ BEVERAGE MINNESOTA W _ Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $30,945.00 Invoice 232597 6/9/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $113.00 Invoice 231521 6/9/2009 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $596.83 Invoice 231566 6/9/2009 -1249- City of Mound 06/04/09 8:50 AM Page 16 • Payments Fund Summary Current Period: June 2009 101 GENERAL FUND kk L.f ',vk..4C.i �a„es,ye Ke:B .u. -w.Ra `fr "t ' :i..r�k.h£�..@.'2Y".✓49. . �.'�d, nos .� $i & : .� �$.�. en.. w. � � �n 'i"� J M E t �" , �/e .,xt a k �+. Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $804.21 Invoice 231812 6/9/2009 401 GENERAL CAPITAL PROJECTS $2,405.00 Cash Payment E 609 -49750 -253 Wine For Resale WINE $315.70 Invoice 231813 6/9/2009 609 MUNICIPAL LIQUOR FUND $114,081.20 Cash Payment E 60949750 -254 Soft Drinks /Mix For Resa MIX $24.85 Invoice 235057 6/9/2009 Cash Payment E 60949750 -251 Liquor For Resale LIQUOR $5,531.58 Invoice 235056 6/9/2009 Cash Payment E 60949750 -253 Wine For Resale WINE $531.60 Invoice 235058 6/9/2009 Transaction Date 5/26/2009 Wells Fargo 10100 Total $38,862.77 Refer 60909 Z WINES USA LLC Cash Payment E 60949750 -253 Wine For Resale WINE $112.00 Invoice 5065 -A 6/9/2009 Cash Payment E 60949750 -265 Freight 05 -21 -09 DELIVERY CHARGE $2.50 Invoice 5065 -B 6/9/2009 Transaction Date 6/1/2009 Wells Fargo 10100 Total $114.50 Fund Summary $220,292.21 Pre - Written Check $0.00 Checks to be Generated by the Compute $220,292.21 Total $220,292.21 • -1250- 10100 Wells Fargo 101 GENERAL FUND $56,830.12 222 AREA FIRE SERVICES . $3,104.31 281 COMMONS DOCKS FUND $10,644.42 285 MOUND HRA $133.10 401 GENERAL CAPITAL PROJECTS $2,405.00 475 TIF 1 -3 Mound Harbor Renaissan $588.00 601 WATER FUND $10,486.70 602 SEWER FUND $4,039.09 609 MUNICIPAL LIQUOR FUND $114,081.20 670 RECYCLING FUND $17,980.27 $220,292.21 Pre - Written Check $0.00 Checks to be Generated by the Compute $220,292.21 Total $220,292.21 • -1250- A 5341 MAYWOOD ROAD Y OF MOUND MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com June 4, 2009 TO: Mayor and City Council FROM: Bonnie Ritter RE: Liquor license renewals Following are the liquor licenses that are up for renewal. License year runs from July 1 through June 30. On -Sale Liquor: Al & Alma's Supper Club Corp. The Dailey Group, Inc. (dba Carbone's Pizzeria and Dailey's Pub) Club License: American Legion Post 398 Off -Sale 3.2 Malt: PDQ Speedway SuperAmerica Sunday Liquor: Al & Alma's Supper Club Corp. The Dailey Group, Inc. American Legion Post 398 I recommend approval of these renewals, contingent upon receipt of appropriate forms, fees and certificates of insurance. printed on recycled paper -1251- BO LLTCaN &. M E-= N K , Consulting Engineers & Surveyors • " 2638 Shadow Lane, Suite 200 • Chaska, MN 55318 -1172 Phone (952) 448 -8838 - Fax (952) 448 -8805 www.bolton- menk.com June 3, 2009 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 RE: 2008 Drainage Improvement Project City Project No. PW -08 -03 Pay Request No. 2 Dear Ms. Hanson: I NC® Please find enclosed Pay Request No. 2 from Widmer Construction, LLC for work completed on the 2008 Drainage Improvement Project through from November 30, 2008 through May 29, 2009. Some minor • additional storm drainage repair work was necessary and included with this contract as this was the most cost effective manner to have it done. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $ 76,228.68 to Widmer Construction, LLC. Sincerely, BOLTON & MENK, Daniel L. Faulkner, P.E. Mound City Engineer Cc: Carlton Moore, Director of Public Works Catherine Pausche, Director of Finance • F: \MOUN \C 1240097 \Payments\Ltr of Recd Pay Req't No. I.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer -1252- CONTRACTOR'S PAY REQUEST NO.2 CONTACTOR 2008 DRAINAGE IMPROVEMENTS OWNER CITY OF MOUND ENGINEER CITY PROJECT NO. PW -OM3 BMI PROJECT NO. C12.040097 FOR WORK COMPLETED FROM 11/30/2008 THROUGH 5/29/2009 TOTALAMOUNT BID ........................................................................................................... ............................... $115,925.30 APPROVEDCHANGE ORDERS ....................................................................... ............................... $0.00 CURRENTCONTRACT AMOUNT ..................................................................... ............................... $115,925.30 TOTAL, COMPLETED WORK TO DATE ................................................................................ ............................... $126,981.62 TOTAL. STORED MATERIALS TO DATE ........................................................................... ............................... $0.00 DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED ............ ............................... .............. $0.00 TOTAL, COMPLETED WORK & STORED MATERIALS .............................. ............... ............................... .. .. ....... $126,981.62 RETAINED PERCENTAGE (5.00%).. ..... -- ...... ....... -- ........... .: ....... ...... ....... _ .... ....... ............................ $6,349.08 TOTAL AMOUNT OF OTHER DEDUCTIONS ....................................... ............................... ..................... . ...... $0.00 NET AMOUNT DUE TO CONTRACTOR TO DATE ............................................................... ............................... $120,632.54 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES ..... ................. _ - ................-- ........... $44,403.86 PAY CONTRACTOR AS ESTIMATE NO. 2 ........................................................................... ............................... $76.228.68 Certificate for Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the contract amount for the period covered by this Estimate. Contractor: Widmer Construction, LLC Attn: Tony Vanderlinde 9456 County Road 15 Maple Plain, MN 55359 By,- tam G/ri�ix .M-� �� c�� ivfirl, Name Title- __ Date CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., NGINEERS ,2638 SHADOW LN, SUITE 200, CHASKA MN 55318 B CITY ENGINEER ' -—t� Daniel L. Faulkner Date APPROVED FOR PAYMENT: Owner: CITY OF MOUND Bey Name Title Date -1253- • r� a, m 11 No aO O/ O) OOO 010000) NOOOONO.0000 NOO 000 000000 0000 S 00100000 W O 000 NOr N N p 1Q N_ O «m• m R LL c7 W 01(1 0 1� 100 0'Q O (O IAN ON01n t� m r� pp Q fM MOST Nry00i 0p ••��{{ tp NtOONMMNN Ulm 000004000 W 100 0000 th NOO t� N C O 1 F 00 N�ty N N0� MO 008 Q t O pp N ���tpppp m 0Q Q Oi 0 W Nh C t[) mNN fD U E m NN OIMlM NM H NMp wNNHN NMH� IN NN vi MINNN N OQ W 1 NNN y My W Q O INN s NNw N N o C N `N -Q Ot•, N W nr• mc1l "I QIN M Om N�NNm NON �OQr my O�e-NM W.- nN� W N m M Qy� N W W O m to n 4 N M m F? 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Ou >��Q0:��22F- 000N U�ULL Z02F UF -1-w -OO �w0 ,6 WO V)O¢ a 3N OJw Fd'O6'd' W W � Ww WQOOWOOF �, N Oio` F F�OJ¢JOW W ir 0J� CC d' 4'f!)O�L tAUF00mQ N fQNu) m0 w U?mmw F-f0 W L Iaf 9 1j {c m 0 z O O 10 N 0 N h N M 0 0 M N N N 0 0 N N N N 0 0 N N N N 0 0 N N N N 0 0 M M 0 0 M M 0 0 M M 0 Q N n m 0 0 N M m m 0 M M m m 0 0 M M m m 0 0 M M m m 0 0 M M m 0 n< N O n r O O r r O O r N O O N N N O O N N f` n `o • O m (� o N 0 0 N N 0 0 N N 0 0 N N 0 0 N N 0 0 N N 0 o N N a o N N 0 0 N N 0 0 1c, N N 0 0 N N 0 0 N N 0 0 N N 0 0 m N N 0 0 n n N N 0 0 n M N N 0 0 M M N N 0 0 M O N N o p W N N O o 0) m N N 0 0 M M N N 0 0 W C OyT. vav 0)Z = NM QNm n 00070 `"NMStN ml�mOO N N NMQ N N N N N ml� N N W O) N N O M M N MQN M M M M ml� M M W 00 M M Q NM Q -1254- -1255- ■$q; Q kf & "akg )a- -, !wk -Ga U)0 §§qm }g \O:E {#� °J§ƒ oa . »c u #0E � 3G< I I Im gymƒ egCq %%§ 0 �Sene u� «$ ƒ_ " a J � 2 m ■� § )@ / co <z R < z2 $ §2 §mp< LL Woo �oUi 2 \g§\ §§(# ( »Raa 2 k) « /) ■ «■� -1255- MEMORANDUM To: City Manager Kandis Hanson From: Police Chief Jim Kurtz Date: June 3, 2009 Subject: Request for Council Action �rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrurrrrr■ I am requesting council action on a Resolution accepting the updated Hennepin County Chief's of Police Association's Mutual Aid Pact. The City of Mound has participated in the Pact since the early 70's. The last time the council approved an update to the Pact was July 1, 2001. Resolution number 01 -50. The Pact is being updated by the Chief s Association to address best practices changes and changes in technology. The purpose of a Mutual Aid Pact is to permit agencies to share law enforcement resources with other agencies in Hennepin County. The Pact establishes a "Joint Powers Agreement" which outlines procedures for obtaining or providing mutual aid. • Attached is a copy of the update 2009 Mutual Aid Pact, a coy of the 2001 Resolution, P� P and the new Resolution. Thank you • -1256- CITY OF MOUND RESOLUTION NO. 09-- RESOLUTION APPROVING JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT WHEREAS, The City of Mound has previously approved and participated in a mutual aid agreement between police agencies within Hennepin County to provide cooperative use of police personnel and equipment; and WHEREAS, such agreement was most recently approved by the Mound City Council on May 22, 2001; and WHEREAS, the participating government units have determined that it is advisable to clarify and update the language of the agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment, dated July 1, 2009 from the Hennepin County Chiefs of Police Association be approved. BE IT FURTHER RESOLVED that the City of Mound is withdrawing from the previous Hennepin County Mutual Aid Agreement on the effective date in the new agreement, and that Mayor Mark Hanus is authorized and directed to execute said new Agreement on behalf of the City of Mound as a participating member. Adopted by the City Council this a day of June, 2009. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -1257- HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION • MUTUAL AID PACT SIGNATURE PAGE IN WITNESS WHEREOF, the undersigned have caused this Joint Powers Agreement to be executed for the police agency: MOUND POLICE DEPARTMENT. Dated: By: • Title: -1258- CITY OF MOUND RESOLUTION NO. 01-50 RESOLUTION ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2001 FROM HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL AID PACT WHEREAS, the City of Mound has previously approved and participated in a mutual aid agreement between the police agencies within Hennepin County to provide cooperative use of police personnel and equipment; and WHEREAS, such agreement was most recently approved by the Council in May, 2001 and WHEREAS, the participating governmental units have determined that it is advisable to clarify and update the language of that agreement. NOW, THEREFORE BE IT RESOLVED by the City of Mound, that the Joint and Cooperative Agreement For Use of Law Enforcement Personnel and Equipment, ( "Agreement ") dated July 1, 2001 from the Hennepin County Chiefs of Police Association be approved; that the City of Mound is withdrawing from the previous Hennepin County Mutual Aid Agreement on the effective date in the new Agreement and that Mayor Pat Meisel is authorized and directed to execute said agreement on behalf of the City of Mound as a participating member of the Agreement. The foregoing resolution was moved by Councilmember Brown and seconded by Councilmember Hanus. The following voted in the affirmative: Brown, Hanus, Meisel, Anderson and Meyer. The following voted in the negative: None. Adopted by the City Council of the City of Mound this 22nd day of May, 2001. Attest: Acting City Clerk Mayor Pat Meisel -1259- HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL AID PACT Updated July 2009 TABLE OF CONTENTS FOREWORD JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT 3 L GENERAL PURPOSE 3 II. DEFINITION OF TERMS 3 III. PARTIES 4 IV. PROCEDURE 4 V. LIABILITY 6 VI. EFFECTIVE DATE 7 VII. WITHDRAWAL AND TERMINATION 7 RESOLUTION (Sample) 8 SIGNATURE PAGE (Sample) 9 • -1260- MUTUAL. AID PACT Effective July 1, 2009 FOREWORD The Mutual Aid Committee of the Hennepin County Chiefs of Police Association was tasked with revising and updating the mutual aid pact among all the police agencies of Hennepin County. The original pact was created in 1968 with the various agencies joining the pact throughout the years. Many provisions of the original pact were continued into the new pact. The Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment in Hennepin County ( "Joint Powers Agreement) was updated to reflect accurately the procedures, address current issues and enhance the ability of departments to share resources with each other. Each agency is responsible for entering and updating available agency resources on line in the RAPID Database. The general purpose of the pact is to permit agencies to share law enforcement resources with other agencies in Hennepin County. The Joint Powers Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, the Joint Powers Agreement should not be interpreted as restrictive in providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts and back -up patrol service. This pact provides the flexibility for all agencies to use the resources located among all participating parties in Hennepin County. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or responding party. Each agency should acquaint supervisory Personnel with any internal procedures used for mutual aid. While the Joint Powers Agreement does not require particular words or actions to initiate mutual aid, agencies should be clear about whether mutual aid was requested and what type of assistance is being provided. Hennepin County Chiefs of Police Association Mutual Aid Pad Updated: March 20M -1261- -1- I Furthermore, each officer within a department should have a basic familiarity with mutual aid, • the responsibilities when reporting to another agency and the protections afforded under the agency's worker's compensation. Management of a mutual aid situation specifically remains under the control of the requesting party. The sending party retains direction and control of any Personnel provided. Yet, the sending party must coordinate with the requesting party the law enforcement assistance provided. Time commitments for mutual aid requests: While there is no hard and fast time limit, the commitment of resources can be taxing on agencies. In addition, in some situations, an advantage can be gained by ending a mutual aid request and entering into some contractual assistance. Especially when the law enforcement costs need to be tracked or can be recovered from other sources. The Hennepin County Sheriff's Office ( "Sheriff) has again volunteered to serve as the • administrative coordinator of the pact. As communities adopt the Joint Powers Agreement, the appropriate documentation and signature page need to be forwarded to the Sheriff. • The participating parties to this agreement are solely responsible to update their available resources in the RAPID Database. The effective date for the new Joint Powers Agreement is July 1st, 2009. This date was established to allow enough time for agencies to receive the appropriate authority and to provide some finality between the old pact and the new pact. When a party elects to enter into the new Joint Powers Agreement, their participation in the former pact will cease on July 1 st, 2009. Some agencies may elect not to participate in this pact; those agencies would be bound under other mutual aid agreements or state statutes. Hennepin County Chiefs of Police Association Mutual Aid Pact Updated: March 2009 -1262- -2- JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT I. GENERAL PURPOSE The general purpose of this Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment ( "Agreement ") is to provide a means by which a Party to this Agreement may request and obtain Law Enforcement Assistance from other Parties when the Party deems such assistance necessary. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers common to the Parties. 11. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings: Subd. 1. "Eligible Party" means a governmental unit that is permitted to become a Party to this agreement, at its own option. The Eligible Parties are the County of Hennepin and every governmental unit authorized to exercise police powers within the County of Hennepin, State of Minnesota. Subd. 2. "Law Enforcement Assistance" means equipment and Personnel, including but not limited to, licensed peace officers and non- licensed Personnel. Subd. 3. "Party" means a governmental unit that elects to participate in this Agreement. Subd. 4. 'Requesting Official" means a person who is designated by the Requesting Party to request Law Enforcement Assistance from other Parties. Subd. 5. 'Requesting Party" means a Party that requests Law Enforcement Assistance from other Parties. Hennepin County Chiefs of Police Association Mutual Aid Pact Updated: Mangy 2009 -1263- -3- 1 Subd. 6. "Sending Official" means a person who is designated by a Party to • determine whether and to what extent that Party should provide Law Enforcement Assistance to a Requesting Party. Subd. 7. "Sending Party" means a Party that provides Law Enforcement Assistance to a Requesting Party. Subd. 8. "Sheriff' means the Hennepin County Sheriff or designee. Subd. 9. "RAPID" means the resource database available at rapidresource.org. III. PARTIES The Parties to this Agreement shall consist of as many Eligible Parties that approve this Agreement and execute a separate signature page to become Parties. Upon approval, the executed signature page of this Agreement shall be sent to the Sheriff along with a certified copy of the documentation evidencing approval. • Approval of this Agreement by a Party shall be evidenced by: ♦ for a municipality, a resolution adopted by the governing body, or • ♦ for a non - municipality, a resolution adopted by the governing body or a letter executed by an official with sufficient authority to bind that party which recites the basis of that authority. IV. PROCEDURE Subd. 1. Each Party shall designate, and keep on file with the Sheriff, the name of the person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate alternate persons to act in the absence of an official. Subd. 2. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Law Enforcement Assistance from other Parties, such Requesting Official may, at Hennepin County Chiefs of Police Association Mutual Aid Pact Updated. Marsh 2009 -1264- -4- their discretion, call upon the Sending Official of any other Party to furnish Law Enforcement Assistance to and within the boundaries of the Requesting Party. Subd. 3. Upon the receipt of a request for Law Enforcement Assistance from a Party, the Sending Official may authorize and direct Personnel of the Sending Party to provide Law Enforcement Assistance to the Requesting Party. Whether the Sending Party provides such Law Enforcement Assistance to the Requesting Party and, if so, to what extent such Law Enforcement Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Party by which they are employed). Failure to provide Law Enforcement Assistance will not result in liability to a Party. Subd. 4. When a Sending Party provides Law Enforcement Assistance under the terms of this agreement, it may in turn request Law Enforcement Assistance from other Parties as "back -up" during the time that such Law Enforcement Assistance is provided. Subd. 5. Whenever a Sending Party has provided Law Enforcement Assistance to a Requesting Party, the Sending Official may at any time recall such Law Enforcement Assistance or any part thereof, if the Sending Official in their best judgment deems such recall necessary to provide for the best interests of their community. Such action will not result in liability to any Party. Subd. 6. The Requesting Party shall be in command of all situations where Law Enforcement Assistance is requested. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Party withdraws assistance. Subd. 7. A Sending Party shall demand no charges or costs for Law Enforcement Assistance rendered under this Agreement. Hennepin County Chiefs of Police Association Mutual Aid Pact Updated. March 2009 -1265- -5- 0 V. LIABILITY Liability for Injury or Damage to Responding Party's Personnel or Equipment Each party shall be responsible for its own personnel, equipment and for injuries or death to any such personnel or damage to any such equipment. Responding personnel shall be deemed to be performing their regular duties for each respective Responding Party. Worker's Compensation: Each party will maintain workers' compensation insurance or self - insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers. Damage to Equipment: Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers. Liability for Injury to Third Parties or Property Damage of Third Parties The Requesting Party agrees to indemnify and defend against any claims brought or actions filed against a Responding Party or any officers, employees, or volunteers of a Responding Party for injury or death to any third person or persons or damage to the property of third persons arising out of the performance and provision of assistance pursuant to the Agreement. Under no circumstances shall a Requesting Party be required to pay, on behalf of itself and other parties, any amounts in excess of the limits of liability established in Minnesota Statutes. For instance, under no circumstances shall a City or County party be required to pay on behalf of itself or another party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for the parties may not be added together to determine the maximum amount of liability for a party. Hennepin County Chiefs of Po/'ice Association Mutual Aid Pact Updated.' March 2009 -1266- -6- The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against the parties from a single occurrence to be defended by a single attorney. Nothing in this Agreement is intended to constitute a waiver of any immunities and privileges from liability available under federal law or the laws of Minnesota. VI. EFFECTIVE DATE This Agreement shall become effective and operative beginning July 1st, 2009, 12:01 A.M., local time, for those Eligible Parties that have provided resolutions and executed documents to the Sheriff by that date. An Eligible Party may join the Agreement after July 1st, 2009, by providing the necessary documents to the Sheriff. This Agreement shall continue in force until a Party or this Agreement terminates under the provisions of Section VII. Upon the beginning date of this Agreement or any time after the beginning date that an Eligible Party joins, this Agreement shall supersede, replace and void for the Party the Joint and Cooperative Agreement for Use of Police Personnel and Equipment, dated 2001, that provides for mutual aid. The Sheriff shah maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. The Sheriff shall send a copy of each Party's executed signature page to all Parties of this Agreement. VII. WITHDRAWAL AND TERMINATION A Party may withdraw at any time upon thirty- (30) days' written notice to the Sheriff. The Sheriff shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties. Parties that have withdrawn may rejoin after executing the appropriate resolution and document. This Agreement will terminate when the number of Parties to the Agreement falls below eleven (11). Hennepin County Chiefs of Police Association Mutual Aid Pact Updated: March 2009 -1267- -7- • PUBLIC LANDS REPORT TO: Mayor and City Council FROM: Jim Fackler, Park DATE: June 3, 2009 SUBJECT: Public Lands Permit Application APPLICANT: Bruce McKeeman LOCATION: 1744 Avocet Lane REQUEST: Replace existing retaining wall on public right -of -way. • 320.01 Special Permits for Certain Structures on Public Land. • Subd.1. Construction on Public Land Permit. Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land permit is issued as provided in this section. Any proposed construction, special use or land alteration shall require the applicant to provide necessary drawings to scale, specifications of materials to be used, proposed costs, and purpose for change. All special permits shall require a survey by a registered land surveyor before a special permit will be issued. Survey shall comply with the Mound Building Code survey requirements. Copies of such surveys, drawings, specifications of materials, proposed costs and statements of purpose shall be furnished to the City and kept on file in the City offices. No special permit shall be issued unless approved by a simple majority of the Council members. (ORD. 108-2000,7/16/00) CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. All written comments received to date have been summarized below: -1268- Greg Skinner, Public Works Superintendent: Wall to be put in according to city specifications. Owner to own wall and maintain wall. Contractor to contact Ray Hanson, Engineering/Planning Technician prior to beginning work. Wall to be approved and inspected by Ray Hanson, Engineering/Planning Technician. Ray Hanson — Engineering/Planning Technician: Same comments as Greg Skinner. Carlton Moore — Public Works Director No Comments SITE INSPECTION City Officials and Board Members are encouraged to visit the site prior to the meeting. RECOMMENDATION Staff recommends approval of this permit with conditions noted above. CITY COUNCIL REVIEW Is required. ATTACHMENTS: • Public Lands Permit Application dated May 28, 2009 • Survey -1269- rAA II Directions: 11 Description: I Date May 29, 2009 Land Use Application Department and Public Agency Routing and Comment Form Review and Comment - Return to Vicki Weber by Wednesday, June 3, 2009 Replace Retaining Wall on Public Right of Way Applicant: Bruce McKeeman Property Address: 1744 Avocet Lane Public Hearing: No Parks Commission Date: City Staff ❑ Sarah Smith, Commun. Devel. Xcarlton Moore, PW Director Greg Skinner, PW Supervisor ❑ Jim Fackler, Parks Superintendent Hanson, Engineering /Planning Technician ❑ Other II COMMENTS: -1270- City Council Date: 6-9 -2009 Public Agencies 5341 Maywood Road, Mound, MN 55364 Phone 952 -472 -0600 Fax 952 -472 -0620 PUBLIC LANDS APPLICATION MAY 2 B 2000 I Date Received 2-o 0 Parks, Open Space and Docks Commission Date City Council Date DISTRIBUTION Building Official Parks Director DNR MCWD Public Works Other Check One J4 CONSTRUCTION ON PUBLIC LAND PERMIT — new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). ❑ PUBLIC LAND MAINTENANCE PERMIT — to allow repairs to an existing structure (City Code Section 320, Subd. 3). ❑ CONTINUATION OF STRUCTURE — to allow an existing encroachment to remain in an "as is" condition (City Code Section 320, Subd. 3). ❑ LAND ALTERATION — change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). The structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, sheds, etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance, which means that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and are non - transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new permit is applied for due to a change in dock site holder. Please type or, print legibly APPLICANT Name Address Phone (H) -a �%7 J� �(W) �9� �� %a2 �a s"fi (M) ABUTTING Address PROPERTY Lot Block LEGAL DESC. Subdivision PID # Plat # ZONING DISTRICT R -1 R -1A R -2 R -3 B -1 B -2 B -3 Public Lands Permit Application Page 1 of 2 Revised 1113109 -1271- RESOLUTION .#'94- 1•],7° ` 4 ! hibit 'rA Certificate of Survey for Duweyne D. Terlinden • in Lots 15, 15, •►nd i7, Block 9, Dreamwood hannepin County, 'Mirtnesota •' is N , Dc iutw Po• p 4A x ZI sp "r /4 s' G%i�•i^ irk, y,N,, ` � c 0 Jot 0 fig, r��'ct�" -' S• �'�.. w ' � •Boor lin�v I hereby certify that this is a true and correct rer,resentit ;or of a : urvey of V e bnunduri-s of Lot 17 ana th,. Mo: th,!%sterl;: 35 feat of :,uts 1; and 16, ?lock 9, Drea:^uood, -ind th!, !or:-tIo: .f all ex: stir.,,: buil'Ungs theroon. It does not purport to show ot`nar or r:nrra:ohr:ents. uor:'cr. R. CaI'!'i.n Re,. 6 0 <4 Scale: 111. - ?0' ,%Iv':- R. Rehder Re c . ?;o.13295 Date 2 -h -80 :atnd Surv•:yor: and Planners • o Iron marker :,on;, dike, F.- inr.esote -1272- TO: FROM: DATE: SUBJECT: APPLICANT: LOCATION: REQUEST: PUBLIC LANDS REPORT Mayor and City Council Members Jim Fackler, Park June 3, 2009 Public Lands Permit Application Jay Humphreys 4913 Island View Drive Replace riprap for erosion control. 320.01 Special Permits for Certain Structures on Public Land. Subd.1. Construction on Public Land Permit. Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land permit is issued as provided in this section. Any proposed construction, special use or land alteration shall require the applicant to provide necessary drawings to scale, specifications of materials to be used, proposed costs, and purpose for change. All special permits shall require a survey by a registered land surveyor before a special permit will be issued. Survey shall comply with the Mound Building Code survey requirements. Copies of such surveys, drawings, specifications of materials, proposed costs and statements of purpose shall be furnished to the City and kept on file in the City offices. No special permit shall be issued unless approved by a simple majority of the Council members. (ORD. 108-2000,7/16/00) CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. All written comments received to date have been summarized below: -1273- M 0 Sarah Smith, Community Development Director Staff contracted Minnetonka Creek Watershed District (MCWD) on June 2 regarding the need for a Public Lands Permit for project. MCWD issued Fast Track Permit on May 22, 2009. Greg Skinner, Public Works Superintendent: No Comments. Jim Fackler, Park Superintendent Riprap must meet minimal specifications which is field stone. Staff needs to know installation date so staff can be on site. Ray Hanson — Engineering/Planning Technician: No Comments. SITE INSPECTION City Officials and Board Members are encouraged to visit the site prior to the meeting. RECOMMENDATION Staff recommends approval of this permit with conditions noted above. • CITY COUNCIL REVIEW Is required. • ATTACHMENTS: • Public Lands Permit Application dated June 1, 2009 • MCWD Shoreline Erosion Protection — Fast Track Permit #09 -097 • City of Mound Minimal Specification for Rip Rap Installation 2 -1274- F" I.. Directions: Description: 11 Applicant: Date June 1, 2009 Land Use Application Department and Public Agency Routing and Comment Form Review and Comment — Return to Vicki Weber by Wednesday, June 3, 2009 Replace riprap on Devon Commons Jay T. Hymphreys Property Address: 4913 Island View Drive Public Hearing: No Docks Commission Date: City Staff .Sarah Smith, Commun. Devel. ❑ Carlton Moore, PW Director Greg Skinner, PW Supervisor im Fackler, Parks Superintendent Ray Hanson, Engineering /Planning Technician ❑ Other COMMENTS: -1275- City Council Date: 6 -9 -09 Public Aaencies t 5341 Maywood Road, Mound, MN 55364 • Phone 952 - 472 -0600 Fax 952 - 472 -0620 PUBLIC LANDS APPLICATION Date Received Parks, Open Space and Docks Commission Date City Council Date DISTRIBUTION Check One Building Official DNR Public Works Parks Director MCWD Other ❑ CONSTRUCTION ON PUBLIC LAND PERMIT - new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). PUBLIC LAND MAINTENANCE PERMIT - to allow repairs to an existing structure (City Code Section 320, Subd. 3).'r ❑ CONTINUATION OF STRUCTURE - to allow an existing encroachment to remain in an "as is" condition (City Code Section 320, Subd. 3). ❑ LAND ALTERATION - change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). We structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, ds, etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance, which eans that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and are non - transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new permit is applied for due to a change in dock site holder. Please tvpe or print leaibiv APPLICANT -T- Name .. -.1''1 Address Au3 Phone (H)`1&2412. 5825 (W)-4w3 oNcz) (M) Ca ►2 3-Le 3�2� ABUTTING Address LVI S l !S�-rN+Q--z:, V►F-�,-f 'VN2V E PROPERTY Lot Block I LA LEGAL DESC. Subdivisions Vo PID #li'� -2� ,1 OO` Plat# ZONING DISTRICT R -1 R -1A R -2 R -3 B -1 B -2 B -3 Public Lands Permit Application Page 1 of 2 Revised 1113109 -1276- 11HT— Ld:�—eU167 14; le 171/b1 � / 044 P ` d F SHORELINE EROSION PROTECTION — FAST TRACt #0E R o PERMIT IT K MINNEMANA CREEK WATERSHED DISTRICT (MCWD) 18202 Minnetonka Blvd. 09BPhaven, MN 55399 Ph: 962- 471 -0590 Fax= 952. 471 -0682 :side at ! 3 ( Proper (street) request approval to, install d ( ) CAP) (Pt�orre). Imp shoreline erosion protaftn on properly described as ( tn�et iEi:sl'�.,, at�tted in (WV n the city boundarift) � i h� 2 i- ►11 2 ) The riprap inslaliablon C °Y} (Property ID #' (Pik -, will consist tP along the shoreline of 1 °J in lull (Lineal feet) (Lake) (Bay) accordance with the Minnehaha Creek Walershed District Shoreline Pmte#ion Guide ine for dPmP placement required for issuance of a Fast Track General Permit 1 have contracted with tivarrre of Company) (Street adt�ss) (MY) (ZIP) Numb to perftilrm the work who is familiar with the technical bo �)ur and rataFrd thle u��arnenls of the watersl'ted dishic� tees p� Protection. iremenis of the MCWD relating to Shorelrne Erasion 3las1(7q (Cate) ' subscribes" anawmwMLU) "re re me on this aS day of Zvi Qh I:P� , 20, L7 . a Not* Pub _ pl :M OF Approved by: Disfibutimr Property owner C**w: Dr _Mu f"Po yr (Page 1 of 2 APR 2 2 '11)(10 JU & LIFT, INC. 012300 Date L Z p 07 _PNR _D*bjd FIe J 1"3149 -1277- TOTAL P.01 r W � February.6, 2001 (Revised) CITY OF MOUND MINIMAL SPECIFICATION FOR RIP RAP INSTALLATION DESCRIPTION .. Rip -rap is a terra for the control of erosion along the shoreline of a lake which incorporates DNR standards. STONE ........ MnDot Spec. Class 4 (6" to 24" diameter with 1/2 the weight of the stone being 12" diameter or less) Quarried Fieldstone. BASE ROCK .... Filter blanket material layer of MN /DOT 3601 -B. FILTER FABRIC ....... Geotextile Filter Fabric Mirafi 50OX or equivalent. •PLACEMENT .... Sort and lay all rock to achieve a flat smooth 3:1 top slope. The toe rock shall be placed so as to create a sharp edge so that�ice can slide over it. CROSS SECTION: slope t _+ Class 4 Quarried Feildstone Rip Ra Base Rock MN /DOT 3601 -B OHW S FINAL APPEARANCE: Filtier Fabric CL ca i N N 03 U .w r 6 O Z 0 L -1279- l7 CI I m b O dQ C m m � � LL 0 d F- O a m O m �p N CA In 9 W Z J PUBLIC LANDS REPORT TO: Mayor and City Council Members FROM: Jim Fackler, Park DATE: June 3, 2009 SUBJECT: Public Lands Permit Application APPLICANT: Bradley J Skapyak/Matt Skapyak LOCATION: 4917 Island View Drive Me mc Replace riprap for erosion control. • 320.01 Special Permits for Certain Structures on Public Land. • Subd. 1. Construction on Public Land Permit. Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land permit is issued as provided in this section. Any proposed construction, special use or land alteration shall require the applicant to provide necessary drawings to scale, specifications of materials to be used, proposed costs, and purpose for change. All special permits shall require a survey by a registered land surveyor before a special permit will be issued. Survey shall comply with the Mound Building Code survey requirements. Copies of such surveys, drawings, specifications of materials, proposed costs and statements of purpose shall be furnished to the City and kept on file in the City offices. No special permit shall be issued unless approved by a simple majority of the Council members. (ORD.108 -2000, 7/16/00) CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. All written comments received to date have been summarized below: -1280- Sarah Smith, Community Development Director Staff contracted Minnetonka Creek Watershed District (MCWD) on June 2 regarding the need for a Public Lands Permit for project. MCWD issued Fast Track Permit on May 22, 2009. Greg Skinner, Public Works Superintendent: No Comments. Jim Fackler, Park Superintendent Riprap must meet minimal specifications which is field stone. Staff needs to know installation date so staff can be on site. Ray Hanson — Engineering/Planning Technician: No Comments. SITE INSPECTION City Officials and Board Members are encouraged to visit the site prior to the meeting. RECOMMENDATION Staff recommends approval of this permit with conditions noted above. CITY COUNCIL REVIEW Is required. ATTACHMENTS: • Public Lands Permit Application dated June 3, 2009 • MCWD Shoreline Erosion Protection — Fast Track Permit #09 -099 • City of Mound Minimal Specification for Rip Rap Installation -1281- Date June 3, 2009 OF CAll;j - Land Use Application Department and Public Agency Routing and Comment Form Directions: Review and Comment - Return to Vicki Weber by Wednesday, June 3, 2009 Description: Replace riprap on Devon Commons Applicant: Bradley Skapyak Property Address: 4917 Island View Drive Public Hearing: No Docks Commission Date: City Council Date: 6 -9-09 City Staff Public Aaencies 6Sarah Smith, Commun. Devel. ❑ Carlton Moore, PW Director ,"Greg Skinner, PW Supervisor dim Fackler, Parks Superintendent Ray Hanson, Engineering /Planning Technician ❑ Other II COMMENTS: -1282- PUBLIC LANDS APPLICATION 5341 Maywood Road, Mound, MN 55364 Phone 952 -472 -0600 Fax 952 -472 -0620 Parks, Open Space and Docks Commission Date DISTRIBUTION Building Official Check One Date Received City Council Date = JUN 0' 2009 CITE ► OUND Parks Director DNR MCWD Public Works Other ❑ CONSTRUCTION ON PUBLIC LAND PERMIT —new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). ❑ PUBLIC LAND MAINTENANCE PERMIT — to allow repairs to an existing structure (City Code Section 320, Subd. 3). ❑ ' CONTINUATION OF STRUCTURE - to allow an existing encroachment to remain in an "as is" condition (City Code Section 320, Subd. 3). ❑ LAND ALTERATION — change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). The structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, sheds, etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance, which means that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and are non - transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new permit is applied for due to a change in dock site holder. Please tvpe or print leaibiv APPLICANT Name �' aq /Vi ST Address 17 LAD V1 MNVo 10 T� �09 Phone (H)6$- 2 T7 L3 (W ) ?,IZJ M, 70 (M) ABUTTING Address `7�/� L� AA18 �� 1�� 14,010) /� AI SS 4 PROPERTY Lot S Block LEGAL DESC. Subdivision PID# 2S — 1 1 1 -2 -1 ��1�Ud -/y Plat# ZONING DISTRICT R -1 R -1A R -2 R -3 B -1 B -2 B -3 Public Lands Permit Application Page 1 of 2 Revised 1113109 -1283- MRY -22 -2009 14:10 ffWft�l PC �� -j� ,-- fl-'r 16r • Permit #T1- 0 91 SHORELINE EROSION PROTECTION - FAST TRACK PERMIT MiNNEHAM CREEK WATERSHED DISTRICT (MCWD) 18202 Minnetonka Blvd. Deephaven, MN 55591 Ph: 952 -471 -0590 FA= 952471 -0652 (n�i v (� n1.1i1 53G� � - a approval 1)= "S oast to install riprap PA (r�? shoreline erosion' pion on property describe d as q9- 1 .�?��1 located in )� Z (street address) . The riprap inshai4�tion MUM the Cky boomer") (may) .0'rap y ID # (PILE will consist of L�O along the shoreline of 4 fJ IJj�_i' in full (r_'"eat feet) (Lake) (Bay) accordance with the Minnehaha Creels Watershed DNstric:t Shoreline Protection Guideline far riprap placement required for issuance of a Fast Trade General Permit I have contracted with '�r"� ��-�- Lt �i' t�s� ?sfi _ ►,.� -i�2 .sPQ.cn��i'�e� K • (Name of Company) (sheet add mw) (City) (ZIP) 1 (� R 4c , to perform the work who is familiar with the technical (Bond Number) reClUkemerrts and has fulfilled the bonding reqWrenvNft of the waterer district see page two). t have read and understand the regtwunents of the MCWD ruing to Shoreline Erosion Protection, mew 8ubscxr'bed d swo before me on 1his day of i1`1W) Ck� 20C'9 Notbly Public .'t hoTA,..., MY commisu�F: Approved by-._,&:f t]7 d"budore —Fropow Owner _ca*gctw mmk ipft __DNR _Dstrid M Page 1 of 2 0 o E G z a v E D APR 2 VNIQ -1284- TOTRL P.02 Or r� February 6, 2001 (Revised) CITY OF MOUND MINIMAL SPECIFICATION FOR RIP RAP INSTALLATION DESCRIPTION .. Rip -rap is a term for the control of erosion along the shoreline of a lake which incorporates DNR standards. STONE ........ MnDot Spec. Class 4 (6" to 24" diameter with 1/2 the weight of the stone being 12" diameter or less) Quarried Fieldstone. BASE ROCK .... Filter blanket material layer of MN /DOT 3601 -B. FILTER FABRIC ....... Geotextile Filter Fabric Mirafi 50OX or equivalent. PLACEMENT .... Sort and lay all rock to achieve a flat smooth 3:1 top slope. The toe rock shall be placed so as to create a sharp edge so that ice can slide over it. CROSS SECTION: Stope OHW S FINAL APPEARANCE: Class 4 Quarried Feildstone Rip Ra Base Rock MN /DOT 3601 -8 Filtier Fabric Z m 0 • 0I N C� m 9 m O W 9 � D 4i F A Z1 m 9 I I ml r kTl -1286- m a m e O ^rF� W N N Z_7 r MEMORANDUI TO: Mayor and Council Members FROM: Jim Fackler, Park Superintendent DATE: May 28 2009 RE: Public Lands Permit — 4743 Island View Drive At the May 21, 2009 Docks and Commons Commission meeting the Commission discussed a Public Lands Permit submitted by Daniel and Carla Dyer at 4743 Island View Drive requesting permission to construct a stairway, retaining wall and landscape on Devon Commons. The Commission recommended approval of this request. Below is an excerpt from the meeting minutes: Discuss: Public Lands Permit — 4743 Island View Drive Fackler gave an overview of the Public Lands Application submitted for stairs, landscaping and retaining wall on public lands. Discussion followed on wall height and elevation. Dan Dyer, 4743 Island View Drive addressed the commission stating the previous owner cut into the hill and the hill is an erosion risk. He wants to protect that area with a 39" high retaining wall. MOTION by Osmek to recommend City Council approval of the Public Lands Application for 4743 Island View Drive. SECOND by Schmidt. MOTION carries unanimously. -1287- PUBLIC LANDS REPORT TO: Docks and Commons Commission FROM: Jim Fackler, Park Superintendent DATE: May 13, 2009 SUBJECT: Public Lands Permit Application APPLICANT: Daniel and Carla Dyer LOCATION: 4743 Island View Dive REQUEST: Replace existing stairway, landscape and riprap on Devon Commons • 320.01 Special Permits for Certain Structures on Public Land. Subd.1. Construction on Public Land Permit. Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land permit is issued as provided in this section. Any proposed construction, special use or land alteration shall require the applicant to provide necessary drawings to scale, specifications of materials to be used, proposed costs, and purpose for change. All special permits shall require a survey by a registered land surveyor before a special permit will be issued. Survey shall comply with the Mound Building Code survey requirements. Copies of such surveys, drawings, specifications of materials, proposed costs and statements of purpose shall be furnished to the City and kept on file in the City offices. No special permit shall be issued unless approved by a simple majority of the Council members. (ORD.108 -2000, 7/16/00) CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. All written comments received to date have been summarized below: 0 -1288- Jim Fackler, Park Superintendent: Is okay with plan with conditions: 1. Applicant must meet with City staff on site prior to trimming. 2. Riprap must be per City of Mound minimum specifications. 3. City of Mound must make Minnetonka Creek Watershed District (MCWD) application for riprap with the applicant responsible for any MCWD fees. Sarah Smith, Community Development Director: 1. No clear cutting; selective cutting only subject to approval by Park Superintendent with activities to be consistent with City Code 350.1225, Subd 5. (attached) 2. No filling or grade alteration at or below 931.0 elevation unless a separate floodplain alteration permit is approved by City Council. It appears the retaining wall is outside of the 100 -year floodplain area(s) but will need to be confirmed prior to any permitting activities, if applicable, and construction start. 3. Retaining wall(s) over four feet require a building permit. Alternative(s) to the proposed retaining wall to address an erosion issue are being discussed with the Planning and Engineering Technician. Further information on this matter'may be available at the meeting. 4. Steps /staircase not to exceed four feet in width; landing not to exceed 32 square feet. 5. Steps /stairs must be located a minimum of two feet from all lot line(s). 6. Grading permit may be required per city code 350.1225, Sub 4 (B). 7. Applicant to coordinate erosion control activities with Planning and Engineering Technician. Ray Hanson — Engineering/Planning Technician: Incomplete — survey does not show enough information. Greg Skinner, Public Works Superintendent: If sewer and water mains need repair, a portion of the stairs will need to be removed. City is not responsible for restoration if utility work is required. Recommend a hold harmless agreement. SITE INSPECTION City Officials and Board Members are encouraged to visit the site prior to the meeting. RECOMMENDATION Staff recommends approval of this permit with conditions noted above. CITY COUNCIL REVIEW Is required. 2 A -1289- ATTACHMENTS: • • Public Lands Permit Application dated April 30, 2009 • Survey • Photographs C -1290- w,.i� !i :_.�. Jai■ 5341 Maywood Road, Mound, MN 55364 Phone 852- 472 -000 Fax 952- 472 -0620 PUBLIC LANDS APPLICATION RECEIVED MAY 91 2009 Date Received I CITY OF MOUND Parks, Open Space and Docks Commission Date City Council Date DISTRIBUTION Building Official Parks Director DNR MCWD Public Works Other chew one El CONSTRUCTION ON PUBLIC LAND PERMIT — new construction. NOTE: NO -PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1.). 0 PUBLIC LAND MAINTENANCE PERMIT — to allow repairs to an existing structure (City Code Section 320, Subd: 3). CO NTINUATION OF STRUCTURE - to allow an existing encroachment to remain in an "as is" condition (City Code Section 320, Subd. 3). �J LAND ALTERATION — change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 32� Sub'd. 4). structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, Rds, etc. are all NONCONFORMING USES. it is the intent of the City to bring all these uses into conformance, which ans that those structures will at some time in the future have to be removed from the public lands. Al permits are .nted for a limited time and are non - transferable. Stairway construction must meet the State Building Code when the mit is for new construction, or a new permit is applied for due to a change in dock site holder. Please type or print 1 1bl t: kn ►P1,�j eaarl, co,, APPLICANT Name Djtw1Crz.. Anrb Address 'h Lf 3 2 ;v Phone (H —S-7 -35-3 -' 2104 (W) 713- 5`93 --764 9 (M) �l�3 -Zsg_ sag ABUTTING Address474?-) 1151-Ais* PROPERTY Lot Block-21— LEGAL. DESC. Subdivision OA! PID #_ Plat# ZONING DISTRICT R -1 R -1A R -2 R -3 B -1 B -2 B -3 Public Lands Permit Application Page 1 of 2 Revised 119108 -1291- b • PUBLIC PROPERTY Name Dods Site ## � Shoreline Type CONTRACTOR Name Address Phone (H) (W) (M) 6 A FEE OF $200.00 APPLIES IF VALUATION OF PROJECT EXCEEDS $1,000.00 AND NO PUBLIC BENEFIT IS DERIVED. PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) $ r !r L 1. ,e�y, �i - ' �, � � �i flail• � � . J , / I %ilJ rim ` ■r r<-3iu I�� r� �� �rl�r�! �r7I1 Appiicanfs • Public Lands Permit Appficsfion Page 2 of 2 Revised 119108 -1292- a - * -, y r 4 A a d EXIST►NG HOUSE #47 47 1 DECK u N u J O s A It" is I LAKE MINNET01 OWL =929:4 —1293— .25 25 . ,164 x957.3 -T -957.2 B-954.3 ' DECK n v ' T v O w Q A ` ` 9 55.7 NE l 0 -q r i �- tAAIV CAA UAoolf s 1 /�c _I .11r�GW I 1 f 4x143 ! VV • ..., ---- ��"' 1�1� • a •' ' :• •' ; •, *.��'': ,• �_ , � sue: .. �. ' b9ee:r. • �N�E u _CONCitE Les � O SOLTM OF LOT uN UNE r • I � P Preposad - " � •s .. a ''Q + Perme s� LIES 0.9. F i• N * �yy7 Poveri ' N —�TOF LOT U14 / --trnvewoy Q,ra ^' Prop ��' '� ` 2 � 4'. or �Wd .00' 2 aP Nrage . _ 1 $ {app �• �, g °'s eeaa o \ ropose 1 X571 E A / Hou e' #4737 EpS nNG 31 7.00 1 ,. HOUSE -� 0 1 4747 26• 5. . 4. %6.4 67 so le •° , DECK ' DECK 017 g \< oa2 S O / Prop �. ape m N 1 r 8 -� / x S I V" star ..�itw•vi a �nlrl:rn — EDGE OF LAKE MINNETONKA- (FROZEN) . ICE ELEVATION AS OF 02/27/07 a 928.50 15050 23idAveme3 NOM Schnell Madson T7 1"F763-74&1699 Planning Engineering Surveying 654 Thkd skeet NW, stills 10D T783241-0108 F763.241.835'1 wwwAdwdmedemw= , l` ^ \ DRAWN BY: -1294- REVISIONS RY nme- vtpTInA: LE Lot ter;: 1. Fel 2. a of 4, S. e. 7. s. 1Q 11. 12. are I( 1 5 P H S W D C P C L H •1 8 -24 -2007 JCB revise hard cover 2 9- 4-2007 JCB revise hard cover, add note 3 9 -25 -2007 JCB add utilities per city plan 4 5 6 lg� S711 L,4-'* "v(r (q) 2" n lbu, CIL t► t Al y � .y LA�vO� ni � yf 4- #wew,: Lr` P£� .9F,. #77V3 ism f,�(W.*SO 5Ak�^,f- .mss m 6 .1 CPAlf- ilm ViN4s A lr-.e . ivo A&+ er Two : (z) 2?.c4 e" &e- 6* A?,(, 7404ZS 41C *' w'4 -W 57 af 5W 43, 11 %zu�v /o dr �y�✓� �'dS7' m(rld� I -LL- IL 30 ti �4 �fi, .�` �t �, � - v - t _� � '. . r � �� �. ;�. f,....� , �. gyp. i a_ ..__. ,_ , _ ... ,.; i,� t f. .. .. ._ �.. r _�� ... -.. r r - - .,. �; � �.i � 'i .a_. r - � � y �� � � � _ - - trr .. � .: .. � .. _ � ,,: ... .� ', .._... .. . f �' -: � i ., � "� � - .vy _._ '�r� � 1 a� _ ��'f � � ' � �kl� > + S.. i _: � .. -. _. _ { _ _._ � -, _. ._ - .. - _ � i ... � ... . _ -, , ` .. - ... � .. �� .�. ,.. .� 'i.; ... . ._.. ..,. _ w�. _ i it .- J i � r i ., \. �, �. �. f l' . ,. _ _. ..' _. _ � .� .. �. �' .. .. f � s ,�. .. .- ,, 5341 Maywood Road • Mound, MN 55364 (952) 472 -0604 MEMORANDUM To: Honorable Mayor and City Council From: Kandis Hanson / Catherine Pausche / Sarah Smith / Carlton Moore Date: 614/2009 Re: Mound Central Business District Parking Program — Research Report Summary As the City Council is aware, the Mound Central Business District parking program is a shared, public/private parking and maintenance system for participating properties in the downtown area with the maintenance activities being done by the City of Mound and assessed to the property owners. As requested by the City Council, an interdepartmental review of the CBD parking program was recently undertaken including, but not limited to, an overview of the history and background of the current CBD program, an analysis of the current parking assessments • related to the parking stall requirements required by the Zoning Ordinance and an in -field examination of the parking inventory in the CBD especially with regard to the status and timing of future redevelopment in the subject area(s). Background. • Several years ago, the City implemented a downtown parking policy so as to deal with the existing parking conditions in the downtown area until redevelopment occurred. It created a shared parking system whereby participating properties could park within the CBD program area and it facilitated the purchase of additional property for parking. The program had those properties with parking spaces available being compensated by proceeds that were collected from those who did not have parking. The City facilitated the program by means of administrative support and physical maintenance of the areas (i.e., snow plowing, pot hole filling, striping, etc.) The program generally assumed that existing parking for the downtown met the demand but also recognized that at times parking would be tight. In addition to the maintenance activities previously mentioned, the City, on occasion, must also facilitate the removal of vehicles and /or recreational vehicles and undertake nuisance and other enforcement in the shared lots. While the CBD parking program been in existence for many years, over time, a number of participants have dropped out of the program -1300- Discussion. • The CBD program provides parking to those downtown properties that do not have sufficient parking according to the requirements of the zoning ordinance. Based on informal in -field examination of the subject parking areas, there is adequate parking to accommodate the mix of uses in the subject buildings. • Auditor's Road, which was constructed in 1998, includes 58 ( + / -) on- street public spaces. Auditor's Road was connected to CSAH 15 / Shoreline Drive in 2008. • The Transit District parking deck project completed in 2007, added 178 structured and 41 surface stalls (16 spaces located south of parking deck and 25 spaces in the public lot located immediately north of the Mound True Value building) to the downtown parking inventory: - The distance between the new parking deck and the John's Variety block, is approximately 330 feet. - Public easements for pedestrian /parking use, which extend from the sidewalk on Commerce Boulevard between the Mound True Value building and garden center, are maintained for public purposes. - Pedestrian controlled crossings were installed when CSAH 15 / Shoreline Drive was completed. • From field observation, it appears the "most" commonly used spaces are the head -in stalls located on the south side of the Dakota Trail opposite John's Variety Store. • There is on street parallel parking on the east side of County Road 110 /Commerce Boulevard. It is Staffs understanding that additional on street parking along Commerce Boulevard in the subject area is not an option, as specified by Hennepin County. • In 2008, $6300.00 was collected from participating businesses in the CBD program for plowing and sanding. The program actually cost a total of $15,853 with the City absorbing the remaining $9553.00. • In general, the businesses in the John's Variety block and Langdon District benefit most from the CBD program. • Page 2 -1301- • The property owned by Peter Johnson is currently not in the CBD program. • However, it is Staffs understanding that his property is generally maintained by City forces due to its proximity and the expediency of maintaining those contiguous properties currently participate in the program. Next Steps / Recommendation. Based on the research conducted, Staff respectfully offers the following recommendations: 1. Discussion with the following owners be pursued about "opting out' of the program: Crow River Bank — 2290 Commerce Boulevard Beckel — 5567 Shoreline Drive (Note: building demolished May 2009) True Value Hardware — 2250 Commerce Boulevard Perbix — 5575 Shoreline Drive Lauer — 5581 Shoreline Drive Larson Printing — 2316 Commerce Boulevard Mound Masonic Lodge — 2372 Commerce Boulevard The former House of Moy property, which is currently enrolled in the CBD program, was purchased by the HRA in 2008 and the building was demolished in May 2009 and therefore should be eliminated from the • program. 2. Due to count discrepancies found as part of an informal inspection of the subject area, especially in the Langdon District, which involved the use of aerial information and a field visit(s), additional analysis of the existing parking counts / code requirements is advised. 3. The preparation and execution of formal lease(s) and /or agreements with the involved owners with regard to maintenance, right of entry and enforcement should be pursued. At present, it is Staffs understanding that there are no formal agreements between the property owners and the City. 4. Designated private /parking areas need to reserved for customer and employee parking and should not be used for exterior sales or display or vehicle /recreational vehicle storage. 5. Discussion on assessing the full cost or portion thereof is suggested. We currently assess '/ the cost of plowing and sanding and give credit for additional spaces provided. • Page 3 -1302- 0 0 0 a 0 O 0 _ o 00 � M O � co Q C O ,4 v y 0 •0 FL 0 c Cl) -1305- O 4 o0 to c y z N 4 H N Q � N C i Z = 0 Q Q -1305- Z to c y N -1305- I g 0) 0 rl 0 m v v 0 7 CR C4 11 CR q a! 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C� C� N ly C� C� 4 -4 E 0 0 co C, Z-' E2 arma _� I I CITY OF MOUND RESOLUTION NO. 09- RESOLUTION RECEIVING FEASIBILITY REPORT AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR 2009 STORM DRAINAGE IMPROVEMENTS WHEREAS, a report has been prepared by Bolton & Menk, Inc. with reference to the proposed 2009 Storm Drainage Improvements; and WHEREAS, the report provides information regarding whether the proposed improvement is necessary, cost - effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mound, Minnesota; that the improvement is necessary, cost - effective, and feasible as detailed in the feasibility report and is hereby designating Bolton & Menk, Inc. as the engineer for this improvement and ordering the engineer to prepare plans and specifications for making of such improvements. Adopted by the City Council this 9th day of June, 2009. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -1309- i 9 • • BO l_TON 8L. M F== N K Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 - Chaska, MN 55318 -1172 Phone (952) 448 -8838 - Fax (952) 448 -8805 www.bolton- menk.com June 4, 2009 City of Mound Attn: Carlton Moore, Director of Public Works 5341 Maywood Road Mound, MN 55364 RE: Engineering Report - 2009 Drainage Improvements City Project No. PW -09 -03 Honorable Mayor and City Council Members, NC® This report describes the feasibility of improving two areas identified in the City's Surface Water Management Plan (SWMP) as candidates for storm water runoff treatment improvements. Council approval is requested to proceed with project design in order to complete the project yet this year. An overall project location map and site - specific preliminary design drawings are attached in an appendix for your perusal. The results of our analysis, conclusions and recommendations are as follows: Findings & Recommendations As described in the City's SWMP, the Minnehaha Creek Watershed District (MCWD) has allocated phosphorus load reduction requirements to all of the communities within the District's boundary. Over the next ten years the City of Mound is required to reduce its annual runoff phosphorus loads as follows: To Lake Minnetonka: 41 lbs To Lake Langdon: 13 lbs To Dutch Lake: 4 lbs The 2009 Drainage Improvement Project focuses on the load reduction to Lake Minnetonka. To date, the City has reduced its load by 21.22 lbs (51.8% of the 41 lbs required) and the improvements described below will remove another 4.99 lbs (12.2 %), bringing the City's 2009 reduction status to 26.21 lbs (63.9 %). The current project does not address the load reductions for the other two lakes, though potential future improvements are mentioned in the SWMP. This project is proposed to include the following two areas, as indicated in Figure 1: H:\MOUN\C1 2100871 \FEASIBILITY\Feasibility Eng Report.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer —1 �3 1 n- • 2009 Drainage Improvements June 2, 2009 Page 2 • 1. Area 1: Commerce Boulevard Treatment Pond Findings: The City owns a wooded lot along the east side of Commerce Blvd., north of Balsam Road and south of Sherwood Drive. Runoff from approximately 10.8 acres, including Commerce Blvd. and the surrounding residential properties, is collected in storm sewer and discharged through the lot to Lake Minnetonka. Currently, a significantly undersized ponding area on the lot provides little treatment value and presents a maintenance issue due to its small capacity for sediment storage. Recommendation: The recommended improvements include: brush /tree clearing, pond grading and new outlet structure construction (Figure 2). The new pond would utilize the existing storm sewer pipe as the future outlet pipe, with the addition of a new outlet control structure. Most of the brush to be removed is small, with 10 -15 trees being larger than a 6" trunk diameter. The proposed pond would provide treatment to runoff from the 10.8 acres that currently receives little to no treatment prior to entering the lake and is expected to remove approximately 4.4 lbs /year of phosphorus. The pond will be approximately 5 feet deep at • its center, with a shallow- sloped bench for safety and vegetation establishment around the edge. The proposed pond is adjacent to three residences and all three were met onsite to discuss the potential layout. Concern was raised regarding the loss of screening to the south, as well as the overall amount of tree loss. Subsequently, the pond layout was slightly adjusted to remove the southern pond lobe and the associated tree clearing that would have been required. An additional meeting was held with the residents to explain the revisions. The estimated costs associated with the proposed work are as follows: Total Construction: $45,620.00 Soft Costs (30%): $13,686.00 Total Project (Site): $59,306.00 2. Area 2: Overland Lane Rain Garden Findings: The City owns a vacant property on the east side of Overland Lane, east of the Noble /Overland intersection. The lot currently consists of mown grass and small isolated areas of trees and shrubs. Surface runoff from this area and the adjacent street discharges • untreated to the southwest, ultimately into Lost Lake. - -1311- • 2009 Drainage Improvements June 2, 2009 • Page 3 Recommendation: The recommended improvements include: rain garden grading, draintile /outlet construction, curb cuts and plant installation (Figure 3). The new bioretention area will allow for the filtration, infiltration and evapotranspiration of the runoff from 1 acre of existing residential development. The basin will have a footprint of 570 square feet consisting of native perennial vegetation and would remove approximately 0.5 lbs /year on an ongoing basis. The estimated costs associated with the proposed work are as follows: Total Construction: $9,970.00 Soft Costs (30 %) $2,991.00 Total Project (Site): $12,961.00 Summary Two areas have been identified within the city limits for potential runoff treatment improvements • as required by the MCWD and described in detail in the City's SWMP. These areas have been studied and feasible solutions have been identified and described above. The estimated costs associated with the recommended improvements are summarized in the following table: • Total Estimated Project Cost: $72,267.00 Funding for this project is available in the Storm Water Utility Fund. It is our recommendation that council approve the proposed projects and authorize preparation of plans and specifications and receipt of bids. Since the estimated construction costs are under the statutory limit of $100,000 requiring public bidding, it is recommended that the project be sent to favorable contractors for quotes, foregoing the typical public bidding process. We request the Council accept this Engineering Report and authorize preparation of final plans and specifications. - 13(Z.- Location Improvement Estimated Project Cost 1 Commerce Blvd. Brush/Tree Clearing, Pond Grading, $59,306.00 Treatment Pond Outlet Control Construction 2 Overland Land Rain Rain Garden Grading, Draintile and $12,961.00 Garden Curb Cut Construction Total Estimated Project Cost: $72,267.00 Funding for this project is available in the Storm Water Utility Fund. It is our recommendation that council approve the proposed projects and authorize preparation of plans and specifications and receipt of bids. Since the estimated construction costs are under the statutory limit of $100,000 requiring public bidding, it is recommended that the project be sent to favorable contractors for quotes, foregoing the typical public bidding process. We request the Council accept this Engineering Report and authorize preparation of final plans and specifications. - 13(Z.- C. • • • 2009 Drainage Improvements June 2, 2009 Page 4 Respectfully Submitted, Bolton & Menk, Inc. David Poggi, P.E. DMP /dmp Enclosures -1515- • 2009 Drainage Improvements June 2, 2009 • Page 5 U • Appendix Figures —13,Lj 0 1500 3000 SCALE FEET BOLTON MENK, iNC. CITY OF MOUND Consulting Engineers & Surveyors 2009 DRAINAGE IMPROVEMENTS MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN WILLMAR, MN BURNSVILLE, MN CHASKA, MN RAMSEY, MN AMES, IA LOCATION MAP ©Bolton & Menk, Inc. 2008, All Rights Reserved FIGURE N0. 1 H: \MOUN \C12100871 \CAD \Fiqurel_Location.dwq 6/4/09 8:40 am -1-31,5- 0 • • u 1 3 I LD • • • • /V` fi r .� Ld LLI c) k.> '►►r;. LLI t Y 4..O Z • LLJ L • .t v v LLJ c) \ f. a_ 0 y , . x , r N - ui LU _j W �.. ..� t+ o '� r • 0 1 3 I LD • u —,�3,-7 —. w � O w N z Z �O W z (n M w� J O Q U) O z Z Q W 0 � C c� `. Lv Q � liJ^J L! w Q ` Q Of w O °O L 0) O O N O N w z • ZZ � g LLJ Y 3 G Z Z a �. M ; E Zz W C) V o 101, $i w 1 3 ..• i J �� L � mZ O� M � Q O Z CK O► Iz- V O rnN ZLa wmZOm C1 NNro 0 C w 00 ~ ZJ U N m N C O Z U JC ~ c u zm 00 Q o 0 O �o m oZ o� m o= —,�3,-7 —. lr� u EBQ L.TO►N 8�. M N K Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 - Chaska, MN 55318 -1172 Phone (952) 448 -8838 • Fax (952) 448 -8805 www.bolton- menk.com MEMORANDUM TO: Honorable Mayor and City Council FROM: gDaniel L. Faulkner, City Engineer. DATE: June 4, 2009 SUBJECT: Mound Storm Water Pollution Prevention Program (SWPPP) 2008 Annual Meeting — June 9, 2009 NC® MPCA General Permit for Storm Water Discharge As required by the National Pollutant Discharge Elimination System (NPDES), State statute requires that cities in urban areas or containing populations in excess of 10,000 must obtain coverage under the State's General Permit for storm water discharge. These cities are considered Municipal Separate Storm Sewer System cities, or MS4s. The city of Mound was required to apply for Permit coverage in 2003, with revisions in 2006. The city is currently covered under the General Permit until its expiration in June, 2011. SWPPP ftuirementsts The primary requirement for coverage under the General Permit is the completion of a City Storm Water Pollution Prevention Plan (SWPPP). This plan outlines how the city will manage storm water to improve overall water quality and meet the requirements of the permit, which includes addressing multiple state - identified best management practices (BMPs). These BMPs are divided among 6 minimum control measures (MCMs), which are very briefly described below and accompanied with potential improvement options: MCM 1) Public Education and Outreach • Includes promoting water quality information to the general public, currently via: city newsletter, brochures available at city hall, posters at city hall and newspaper articles. • As was recommended last year, the City has been provided with links to include on its website to information or educational opportunities regarding general surface water management and best management practices. FAM0UMC1239286\,SWPPP'0$ Co. Memo.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer -1318- Name: Mound Storm Water Pollution Prevention Program ( SWPPP) Date: June 4, 2009 Page 2 MCM 2) Public Participation and Involvement • It is required that the City solicit public input on water quality- related issues. This requirement is met by the annual public meeting and 30 day advance notice which was published in the May 9 issue of the Laker. MCM 3) Illicit Discharge Detection and Elimination • The City maintains its storm sewer and drainage area maps. • Public works addresses any illicit discharge reports from the public. MCM 4) Construction Site Storm Sewer Runoff • The city currently requires sediment and erosion be controlled to State and Minnehaha Creek Watershed District (MCWD) standards. City projects are inspected and weekly reports are made. • City should require submittal of weekly inspection logs from developer construction. MCM 5) Post - Construction Storm Water Management in New Development and Redevelopment • The City requires storm water treatment facilities meeting State and Watershed standards for all construction projects. Construction documents are reviewed for verification. • In 2008 the City continued to retrofit rain gardens and storm water treatment units in an effort to improve the runoff quality and reduce volume to the surrounding lakes. These efforts included the following: ➢ Tuxedo Blvd. storm -sewer improvements and treatment pond construction. ➢ Cedar /Noble vacant lot improvement and treatment pond construction. ➢ Auditors Road Rain Garden. ➢ Auditors Road structural treatment device, storm -water capture and irrigation re -use. MCM 6) Pollution Prevention/Good Housekeeping • The City follows a regular street sweeping schedule, with greater emphasis put on heavier traffic areas. • 20% of storm sewer outfalls and storm water treatment basins must be inspected yearly with records kept of what is being done. • It is recommended that the City require maintenance agreements for developments with private ponds /rain gardens that are intended to meet the storm water requirements. • The City should continue to work with the Minnehaha Creek Watershed to implement Total Maximum Daily Load (TMDL) requirements as they arise. MPCA Audit Process (New 2009) The MPCA has begun an audit process to ensure cities are maintaining compliance with the Permit requirements. This process will include a 1 -3 day site visit by agency staff to go through the City's SWPPP and the required record keeping. It is the MPCA's intent to visit all MS4s once every 5 years on a rotating basis beginning in 2009. FAMOUMC 1279286\S W PPP'0& Co. Memo.doc -1319- Name: Mound Storm Water Pollution Prevention Program ( SWPPP) Date: June 4, 2009 • Page 3 Summary Mound is in compliance with the General Permit for storm water discharge. Bolton & Menk staff will work with City staff to implement the above recommendations and other Control Measures and Best Management Practices as deemed appropriate and beneficial. No action is required by City Council with respect to the public meeting or the annual SWPPP report to be submitted to the MPCA before the June 30 deadline. • FAMOUMCI2392864SWPPP'08 Co. Memo.doc -1320- NOTICE OF PUBLIC MEETING The City of Mound holds a National Pollutant Discharge Elimination System (NPDES) Phase II permit from the Minnesota Pollution Control Agency (MPCA) with the goal of reducing pollutant concentrations to surface waters. As required, the City has prepared a Storm Water Pollution Prevention Plan ( SWPPP) and annually solicits public input on the Plan. Citizens are invited to participate in this year's annual meeting and to report general concerns regarding the SWPPP or specific information on illicit discharges within the community. Citizens have the opportunity to come to the meeting and express concerns orally or submit concerns in writing prior to the meeting. The City must consider citizen input and make appropriate adjustments to the SWPPP prior to submitting its annual report to the MPCA. The meeting will be held as part of a regularly scheduled council meeting at 7:30 PM on Tuesday June 9, 2009. The council agenda will be available from the City or the City's website prior to the meeting date. The public is encouraged to submit written comments /concerns on the SWPPP by June 2, 2009 to City Hall, 5341 Maywood Rd, Mound, Minnesota 55364. A copy of the SWPPP is available for review at City Hall. For more information, contact the City at: (952) 472 -0615. Posted April 30, 2009 Published in Laker May 9, 2009 -1321- MEMORANDUM June 4, 2009 To: City Mayor and City Council From: Carlton Moore, Public Works Director Catherine Pausche, Finance Director Re: BMI Contract Renewal Attached is a billing summary of hours and dollars by project for BMI for 2006 — 2008. As you can see, it fluctuates greatly from year to year, based on the number of projects. The Mayor had requested a "comparison" to when we worked with MFRA, but unless we ask them for a similar billing summary, we did not track the hours billed on our system. I also am not sure what that would tell us as the projects differ greatly from year to year. In addition, work increased in the area of studies and related mandates in order to comply with the state requirements since moving to BMI. "General Engineering" makes up a very small portion of these totals. . City of Mound BMI Engineering Expenses Recap Hours Total $ Average Year Billed Amount FTE Equiv Hourly (Total Hours/ Rate 2080) ($ /Hrs) 2008 13,795 1,234,261 6.6 89 2007 11,421 994,640 5.5 87 2006 7,293 604,104 3.5 83 I have requested year -to -date summaries (on a quarterly basis) of hours and dollars billed from BMI which will be shared with the City Council. The report for first quarter 2009 is attached. It will give the Council a better picture of the projects being worked on and an opportunity to ask questions. Staff recommends approval of the extension of agreement for professional services with BMI. -1322- BMI ;ooG 012.037921 Mound /General Engineering 154.50 $12,202.00 $27,106.31 $234,203.37 $6,295.00 $37,027.78 $35,122.50 $26,533.00 $25,129.50 $340.00 $51,929.56 $19,970.00 $5,104.00 $590.00 $1,527.00 $375.00 $187.50 $652.50 $125.00 $1,020.00 $2,027.50 $7,399.00 $527.50 $27.50 $7,884.07 $340.00 $215.00 $2,860.50 $2,647.00 $2,477.00 $2,648.50 $3,274.00 $53,415.00 $21,133.00 $7,977.50 $402.50 $1,649.00 $1,759.50 0.07 0.16 1.45 0.04 0.20 0.19 0.21 0.14 0.00 0.23 0.11 0.03 0.00 0.01 0.00 0.00 0.00 0.00 0.00 0.01 0.04 0.00 0.00 0.04 0.00 0.00 0.02 0.02 0.02 0.01 0.02 0.29 0.11 0.06 0.00 0.01 0.01 $ 78.98 $ 81.40 $ 77.68 $ 82.83 $ 90.53 $ 88.03 $ 61.49 $ 83.63 $ 113.33 $ 108.41 $ 90.77 $ 75.06 $ 118.00 $ 109.07 $ 125.00 $ 125.00 $ 118.64 $ 125.00 $ 113.33 $ 122.88 $ 94.25 $ 117.22 $ 55.00 $ 107.27 $ 113.33 $ 107.50 $ 69.77 $ 76.72 $ 75.06 $ 86.84 $ 78.89 $ 87.35 $ 94.13 $ 62.81 $ 115.00 $ 82.45 $ 85.83 012.037925 Mound /Well #3 Pumphouse 333.00 C12.037926 Mound /2006 Street Reconstruction Project 3,015.00 C12.037929 Mound /WCA Administration 76.00 C12.037946 Mound /2006 Storm Sewer Improvements 409.00 C12.038004 Mound /Water System Modeling 399.00 C12.038076 Mound /Leveling Network Benchmark Loops 431.50 C12.038077 Mound /I & I Analysis Report 300.50 C12.038174 Mound /Co Roads 110 & 15 Mill & Overlay 3.00 C12.038190 Mound /Sinclair /Baywood Lift Station Imp 479.00 C12.038230 Mound /Comp Plan Update 220.00 C12.038243 Mound /Update Street & Utility Maps 68.00 C12.038296 Mound /Development Review 3000 Drury Lane 5.00 C12.038297 Mound /Development Review Gillespie Ctr 14.00 C12.038298 Mound /Development Review Surfside Land 3.00 C12.038299 Mound /Development Review Mound Harbor 1.50 C12.038307 Mound /Development Review -2101 Noble Lane 5.50 C12.038313 Mound /Dev Review - 4944 Island View Dr 1.00 C12.038360 Mound /SCADA System Path Study 9.00 C12.038387 Mound /Standpipe Rehabilitation 16.50 C12.038388 Mound /Water Supply Emergency Consery 78.50 C12.038389 Mound /Transit Center Parking Facility 4.50 C12.038392 Mound /Bartlett Blvd Development Review 0.50 C12.038415 Mound /Well 7 Pumphouse /Treatment Plant 73.50 C12.038429 Mound /Westonka Estates 2461 Commerce Bid 3.00 C12.038475 Mound /MCES Life Station Relocation 2.00 C12.038476 Mound /Dolan Property Drainage Study 41.00 C12.038477 Mound /Walnut /Rambler Drainage Study 34.50 C12.038478 Mound /Franklin /Gladstone Drainage Study 33.00 C12.038505 Mound /Retaining Wall - 3144 Drury Lane 30.50 C12.038507 Mound /Auditor's Utilities Reconstruction 41.50 C12.038522 Mound /2007 Street Improvements 611.50 C12.038795 Mound /Harrison Bay Watermain 224.50 C12.038859 I Mound /GIS Mapping 127.001 C12.038996 Mound /Development Reviews 3.50 C12.039015 Mound /Proposed Development Landgon Lane 20.00 C12.039016 Mound /Fairfield Rd Extension Development 20.50 2006 Total 7,293.50 $604,104.09 3.51 $ 82.83 -1323- BM I 3007 C12.037921 Mound /General Engineering 96.50 $6,411.00 $14,350.60 $38,010.50 $2,136.00 $505.00 $16,335.00 $30,068.00 $62,841.97 $12,646.50 $8,092.50 $420.00 $517.50 $1,369.50 $9,150.00 $1,763.50 $3,075.00 $40,798.50 $1,932.00 $79,125.05 $450,193.40 $32,774.57 $21,794.00 $2,874.00 $14,794.50 $16,658.25 $4,051.50 $2,501.50 $3,391.50 $2,863.00 $2,730.50 $4,310.75 $11,088.00 $84,175.75 $10,891.00 0.05 0.06 0.21 0.01 0.00 0.09 0.15 0.29 0.06 0.05 0.00 0.00 0.01 0.05 0.01 0.02 0.24 0.01 0.38 2.65 0.16 0.16 0.01 0.07 0.09 0.02 0.01 0.01 0.01 0.01 0.02 0.07 0.43 0.05 $ 66.44 $ 114.35 $ 87.18 $ 85.44 $ 112.22 $ 89.02 $ 93.82 $ 104.30 $ 95.09 $ 80.93 $ 105.00 $ 129.38 $ 97.82 $ 91.96 $ 95.32 $ 94.62 $ 82.42 $ 99.08 $ 98.91 $ 81.69 $ 96.25 $ 63.54 $ 102.64 $ 98.96 $ 93.32 $ 85.29 $ 98.10 $ 109.40 $ 92.35 $ 111.45 $ 94.74 $ 78.64 $ 93.32 $ 99.92 C12.037925 Mound /Well #3 Pumphouse 125.50 C12.037926 Mound /2006 Street Reconstruction Project 436.00 C12.037929 Mound /WCA Administration 25.00 C12.037946 Mound /2006 Storm Sewer Improvements 4.50 C12.038004 Mound /Water System Modeling 183.50 C12.038077 Mound /1 & I Analysis Report 320.50 C12.038190 Mound /Sinclair /Baywood Lift Station Imp 602.50 C12.038230 Mound /Comp Plan Update 133.00 C12.038243 Mound /Update Street & Utility Maps 100.00 C12.038299 Mound /Development Review Mound Harbor 4.00 012.038387 Mound /Standpipe Rehabilitation 4.00 C12.038388 Mound /Water Supply Emergency Consery 14.00 C12.038389 Mound/Transit Center Parking Facility 99.50 C12.038415 Mound /Well 7 Pumphouse/Treatment Plant 18.50 C12.038476 Mound /Dolan Property Drainage Study 32.50 C12.038477 Mound /Walnut /Rambler Drainage Study 495.00 C12.038478 Mound /Franklin /Gladstone Drainage Study 19.50 C12.038507 Mound /Auditor's Utilities Reconstruction 800.00 C12.038522 Mound /2007 Street Improvements 5,511.00 C12.038795 Mound /Harrison Bay Watermain 340.50 012.038859 Mound /GIS Mapping 343.00 C12.038996 Mound /Development Reviews 28.00 C12.039173 Mound /Port Harrison Drainage Study 149.50 C12.039196 Mound /Highland Area Drainage Improve 178.50 C12.039208 Mound /2007 School Speed Zone Signing 47.50 C12.039286 Mound /SWPPP Update 25.50 C12.039425 Mound /MSA System Update 31.00 C12.039427 Mound /Sugar Mill Ln Trail Extension 31.00 C12.039431 Mound /Development Review Halstead Pointe 24.50 C12.039546 Mound /Basswood - Tonkawood Drainage 45.50 C12.039607 Mound /2007 Retaining Wall Improvements 141.00 C12.039740 Mound /2008 Street Reconstruction 902.00 C12.039898 Mound /Auditor's Road 109.00 2007 Total 11,421.50 $994,640.34 5.49 $ 87.08 -1324- BAI zOof C12.037921 Mound /General Engineering 139.00 $10,981.50 $1,363.50 $8,771.75 $1,724.00 $1,398.50 $2,004.00 $315.00 $6,029.50 $27,598.75 $22,579.00 $10,912.76 $2,757.00 $8,060.00 $27,872.50 $65,154.50 $79.50 $5,280.50 $3,379.50 $4,604.50 $4,572.50 $8,712.50 $5,137.00 $1,566.00 $1,977.50 $486,146.34 $163,137.50 $74,213.25 $37,320.00 $33,876.00 $9,478.50 $74,779.00 $20,873.00 $0.00 $96,433.00 $2,508.00 $2,194.50 $375.00 $96.00 0.07 0.00 0.04 0.01 0.01 0.01 0.00 0.03 0.13 0.11 0.06 0.01 0.04 0.16 0.34 0.00 0.03 0.01 0.03 0.02 0.05 0.02 0.01 0.01 2.73 0.93 0.31 0.19 0.18 0.05 0.37 0.13 0.01 0.51 0.01 0.01 0.00 0.00 $ 79.00 $ 143.53 $ 101.41 $ 90.74 $ 87.41 $ 105.47 $ 126.00 $ 112.70 $ 98.57 $ 97.74 $ 94.89 $ 122.53 $ 86.20 $ 84.85 $ 93.01 $ 79.50 $ 86.57 $ 132.53 $ 86.07 $ 134.49 $ 89.82 $ 133.43 $ 120.46 $ 96.46 $ 85.51 $ 84.61 $ 113.56 $ 93.42 $ 89.38 $ 99.77 $ 96.12 $ 74.95 $ - $ 90.68 $ 104.50 $ 89.57 $ 125.00 $ 96.00 C12.037925 Mound /Well #3 Pumphouse 9.50 C12.037926 Mound /2006 Street Reconstruction Project 86.50 C12.037929 Mound /WCA Administration 19.00 C12.037946 I Mound /2006 Storm Sewer Improvements 16.00 C12.038004 Mound /Water System Modeling 19.00 C12.038076 Mound /Leveling Network Benchmark Loops 2.50 C12.038077 Mound /I & I Analysis Report 53.50 C12.038190 Mound /Sinclair /Baywood Lift Station Imp 280.00 C12.038230 Mound /Comp Plan Update 231.00 C12.038243 Mound /Update Street & Utility Maps 115.00 C12.038388 Mound /Water Supply Emergency Consery 22.50 C12.038477 Mound /Walnut /Rambler Drainage Study 93.50 C12.038507 Mound /Auditor's Utilities Reconstruction 328.50 C12.038522 Mound /2007 Street Improvements 700.50 C12.038795 Mound /Harrison Bay Watermain 1.001 C12.038859 Mound /GIS Mapping 61.00 C12.038996 Mound /Development Reviews 25.50 C12.039173 Mound /Port Harrison Drainage Study 53.50 C12.039196 Mound /Highland Area Drainage Improve 34.00 C12.039286 Mound /SWPPP Update 97.00 C12.039425 Mound /MSA System Update 38.50 C12.039431 Mound /Development Review Halstead Pointe 13.00 012.039546 Mound /Basswood - Tonkawood Drainage 20.50 C12.039740 Mound /2008 Street Reconstruction 5,685.00 C12.039898 Mound /Auditor's Road 1,928.00 C12.040096 Mound /2008 Lift Station Reconstruction 653.50 C12.040097 Mound /2008 Storm Drainage Improvements 399.50 C12.040153 Mound /Wilshire Blvd WM & FM 379.00 012.040166 Mound /Wellhead Protection Plan 95.00 C12.040420 Mound /Island View Drive Reconstruction 778.00 C12.100076 Mound /Benchmark Book Update 278.50 C12.100264 Mound /VFW Memorial 23.00 C12.100303 Mound /2009 Street Reconstruction 1,063.50 C12.100412 Mound / Pumphouse #1 Relocation 24.00 C12.100481 Mound /2009 Lift Station Reconstruction 24.50 C12.100590 Mound /GIS Updates 3.00 C12.100601 Mound /MCES Flows /City Charges 1.00 Total 2008 13,795.50 $1,234,261.85 6.63 $ 89.47 -1325- I OMI I Q 2,009 2009 -1st Quarter -1326- 2,855.50 $ 279,764.00 5.49 $ 97.97 C12_.037921 Mound /General Engineering y 34.501 $ 2,856.00 0.07 $ 82.78 C12.037929 d /WCA Administration 3.501 $ 383.00 0.01 $ 109.43 012.038077 ;Mound /I 8c I Analysis Report 6.001 $ 852.00 0.01 $ 142.00 012.038190 4Mound /Sinclair /Baywood Lift Station Imp 10.501 $ 1,005.00 0.02 $ 95.71 C12.038230 iMound /Comp Plan Update 64.50; $ 7,372.50 0.12 $ 114.30 _ _ 012.038243 Mound /Update Street &Utility Maps 21.001 $ 2,222.00 0.04 $ 105.81 iC12.038388 Mound /Water Supply Emergency Consery ! 1.001 $ 142.00 0.00 $ 142.00 kC12.038477 ;Mound /Walnut /Rambler Drainage Study 1.501 $ 132.00 0.00 $ 88.00 jMound /2007 Street Improvements 132.00! $ 11,702.00 0.25 $ 88.65 {j{C12.038522 IC12.038996 Mound /Development Reviews rvn 1.50I� $ 213.00 0.00 $ 142.00 EC12.039425 ;Mound /MSASystem Update ( 25.00I $ 3,361.00 0.05 $ 134.44 ;C12 039740 Wound /2008 Street Reconstruction 247.00' $ 22,879.50 0.48 $ 92.63 C12.039898 (Mound /Auditor's Road i� 1.50; $ 159.00 0.00 $ 106.00 C12.040096 Mound /2008 Lift Station Reconstruction 33.50; $ 4,387.00 0.06 $ 130.96 C12.040097 jMound /2008 Storm Drainage Improvements i 2.001. $ 230.00 0.00 $ 115.00 012.040153 ;Mound /Wilshire Blvd WM & FM 13.00 $ 1,171.00 0.03 $ 90.08 Cl 02 40166 jMound /Wellhead Protection Plan € 41.5M $ 4,422.00 0.08 $ 106.55 C12.040420 (Mound /Island View Drive Reconstruction j 568.00; $ 53,771.50 1.09 $ 94.67 C12.100076 1Mound /Benchmark Book Update 12.001 $ 1,112.00 0.02 $ 92.67 C12.100303 ;Mound /2009 Street Reconstruction 1,041.50 $ 97,185.50 2.00 $ 93.31 C12.100481 Mound/2009 Lift Station Reconstruction 513.001 $ 55,907.50 0.99 $ 108.98 'C12,100590�Mound /GIS Updates _ 45.50, $ 4,048.00 0.09 $ 88.97 • 1012.100601 ;Mound /MCES Flows /City Charges 12.501 $ 1,775.00 0.02 $ 142.00 ?C12.100871 ;Mound /2009 Drainage Improvement Project ? 23.501 $ 2,475.50 0.05 $ 105.34 2009 -1st Quarter -1326- 2,855.50 $ 279,764.00 5.49 $ 97.97 February 4, 2009 1 ",(=6 - City Of Mound. :Honorable MAYOr gadMen:ibers of the City,C;ouncij 5341 Ma'ywpod Road Mound, M14 5 ,364 RE: AGREEMENT FOR PROFESSIONAL SERVICES Dedr Mayor An& C ouncil 'Menibers: g. Aftachp,dlis the, updated Cons liffigCity Ehgineering.Sejvices agreendfitbetw e en. the City ofMound:and Bqfibq &Menk, Inc. which was, inifiali y approved on February 14, 2006 for a period; of three years. Under -Section lv, Article j, P eriod of Agreement, We are te n x -requesti g a three-year extension. Whsle bil-lih4 rates lave bee'a"; Uusted annually over the past three years� the aggregate avem eloiirly rate increase flortheChas Im ffi 9 , lio ice stiff over the four years avem.ges. only 2.5% per�iyear. In addition e have continued the leipgj - ' i I - . - - I �l or! ibW ;. ' mun discountfor key staff working in your community j�� 0iov!d6d �foi in the. 9 contract, We Sincerely appreciate d preclat6y our confidence in our engineering abilitie.s and iA . ? 1: . . I , we arc Tutual.1y",proud of the, signiflica'nt infrastructure improven,16ji ts completed d over the'•past three years.'W.e lookfor!Aard: to continuing-our relations) ; thAebitVa LP W-1 . nd And working hard for you andybur community. DocumerM DESIGNING FOR A BETTER TOMQRROW Bolton & Me& is An e 'atppport nity. employer qu u _f327- AGREEMENT FOR PROFESSIONAL SERVICES • CONSULTING CITY ENGINEERING SERVICES CITY OF MOUND, MINNESOTA This Agreement, made this day of , 2009, by and between the City of Mound, Minnesota, 5341 Maywood Road, Mound, MN 55364 -1687, hereinafter referred to as CLIENT, and Bolton & Menk, Inc., 2638 Shadow Lane, Suite 200, Chaska, MN 55318 -1172, hereinafter referred to as CONSULTANT. WITNESS, whereas the CLIENT requires professional engineering and surveying services in association with providing Consulting City Engineering Services and whereas the CONSULTANT agrees to furnish the various professional services required by the CLIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: SECTION I - CONSULTANT'S SERVICES A. The CONSULTANT agrees to perform professional engineering and surveying services as described in Exhibit I. • B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described in Exhibit I or as described in Paragraph N.B. SECTION H - THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CLIENT will assist the CONSULTANT in determining the extent to which the information provided may be relied upon to perform CONSULTANT'S services. C. The CLIENT will work with the CONSULTANT to obtain entry upon both public and private lands effected by and associated with CONSULTANT'S services. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in CONSULTANT'S services. Page 1 of 11 -1328- E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to CONSULTANT'S services. F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of CONSULTANT'S services. G. The CLIENT will work with the CONSULTANT as needed to apply for any and all regulatory permits required for the proper and legal execution of CONSULTANT'S services. H. The CLIENT will hire, when requested by the CONSULTANT, an independent testing company to perform laboratory and material testing services, and soil investigation that can be justified to complete a proper design and the CONSULTANT'S services. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. SECTION III - COMPENSATION FOR SERVICES A. COMPENSATION CHARGE METHODOLOGY: Compensation for all services performed by the CONSULTANT on behalf of the CLIENT in accordance with Exhibit I will be on an hourly basis in accordance with the 2009 Billing Schedules included below. B. HOURLY BILLING SCHEDULES: 2009 Hourly Billing Schedule For Key Mound Staff Key Individual* H, Dan Faulkner, Consultant City Engineer ........................ Dan Lonnes, Assistant Consultant City Engineer ............ Primary Resident Project Representative (RPR) .............. John Swanson, Senior Project Engineer ........................... Nate Stadler, Licensed Surveyor ....... ............................... Dave Poggi, Design Engineer ............ ............................... surly Rate Suecial Rate ** $ 142 $ 65 $ 105 $ 55 $ 82 $ 55 $ 122 $ 110 $ 97 * Any modifications to the list of Key Individuals prior to the end of contract period shall be approved by the CLIENT. * *Applies to non - project related general city engineering services: Dan Faulkner — first 20 hours per month Dan Lonnes — first 10 hours per month Primary RPR — first 10 hours per month * ** The CLIENT must approve the Primary RPR to be used by the CONSULTANT Page 2 of 11 -1329- 2009 Hourly Billing Schedule For General Staff Principal Engineer/ Surveyor ................................. ............................... $130- 175/Hour Senior Associate Engineer/ Surveyor ..................... ............................... . $110- 150/Hour Senior Project Manager / Engineer .......................... ............................... $100- 145/Hour Associate Engineer /Surveyor ................................ ............................... $85- 140/Hour Project/Design Engineer ........................................ ............................... $70- 105/Hour Licensed Surveyor ................................................. ............................... $90- 120/Hour Project Surveyor .................................................... ............................... $55- 95/Hour Senior Technician .................................................. ............................... $65- 115/Hour Technician............................................................. ............................... $50- 85/Hour Resident Field Technician ..................................... ............................... $50- 85/Hour Clerical.................................................................. ............................... $40- 65/Hour City Council Meetings/Planning Commission Attendance .................. $60/Meeting GPS/Robotic Survey Equipment .......................... ............................... No Charge Computer Time ..................................................... ............................... No Charge Office Supplies ...................................................... ............................... No Charge Photocopying........................................................ ............................... No Charge FieldSupplies ....................................................... ............................... No Charge Mileage.................................................................. ............................... No Charge Hourly charges for work completed are based on hours spent at the hourly rates in effect for the individuals performing the work. The hourly rates vary according to skill and experience. The Hourly Billing Schedules identified herein shall apply for the period through 2009. These rates may be adjusted annually thereafter to account for changed labor costs, inflation or changed • overhead conditions. • The hourly rates identified herein include labor, general business and other normal and customary expenses associated with operating a professional business and include vehicle and personal expenses, mileage, telephone, cell phone, survey stakes and routine expendable supplies; and no separate charges will be made for these activities and materials. Extraordinary expenses beyond the agreed scope of services and non - routine expenses, such as outsourced photocopying /reproductions, out - sourced graphics, document recording fees, and permit fees will be pre- approved and invoiced separately. C. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates and methodology. SECTION IV - GENERAL A. STANDARD OF CARE Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar conditions. Page 3 of 11 -1330- B. CHANGE IN SERVICE SCOPE In the event the CLIENT changes or is required to change the scope of the CONSULTANT'S services as described in Section I and/or the applicable addendum, and such changes require Additional Services by the CONSULTANT, the CONSULTANT shall be entitled to compensation at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such additional services. The CLIENT may request an estimate of additional cost from the CONSULTANT, and upon receipt of the request, the CONSULTANT shall furnish such, prior to authorization of the changed scope of work. C. LIMITATION OF LIABILITY CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials, agents and employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligence act or omission by CONSULTANT'S employees, agents, or subconsultants. In no event shall CLIENT be liable to CONSULTANT for consequential, incidental, indirect, special, or punitive damages. CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligence act or omission by CLIENT'S employees, agents, or consultants. In no event shall CONSULTANT be liable to CLIENT for consequential, incidental, indirect, special, or punitive damages. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this Agreement are being performed solely for the CLIENT'S benefit and no other entity shall have any claim against the CONSULTANT because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of the paragraph. D. INSURANCE The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage. The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, general liability insurance coverage insuring CONSULTANT against claims for bodily injury, death or property damage arising out of CONSULTANT'S general business activities (including automobile use). The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $1,000,000. During the period of service provision, the CONSULTANT also agrees to maintain, at CONSULTANT'S expense, Professional Liability Insurance coverage insuring CONSULTANT against damages for legal liability arising from an error, omission or negligent act in the performance of professional services required by this agreement, providing that such coverage is reasonably available at commercially affordable premiums. For purposes of this agreement, "reasonably available" and "commercially affordable" shall mean that more than half of the design professionals practicing in this state in CONSULTANT'S discipline are able to obtain coverage. The professional liability insurance policy shall provide coverage for each occurrence in the amount of $1,000,000 and annual aggregate of $1,000,000 on a claims -made basis. In addition, the consultant shall name the CLIENT an additional insured and maintain this status during the term of this Contract. Page 4 of 11 -1331- The CONSULTANT shall provide CLIENT with certificates of insurance, showing evidence of required coverages. • E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of construction cost will generally be based upon public construction cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the CLIENT and the CONSULTANT does not warrant or guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project financing should be based upon contracted construction costs with appropriate contingencies. F. CONSTRUCTION SERVICES It is agreed that the CONSULTANT and its representatives shall not be responsible for the means, methods, techniques, schedules or procedures of construction selected by the contractor or the safety precautions or programs incident to the work of the contractor. G. USE OF ELECTRONIC/DIGITAL DATA Because of the potential instability of electronic /digital data and susceptibility to unauthorized changes, copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by CONSULTANT. Except for electronic /digital data which is specifically identified as a project deliverable by this AGREEMENT or except as otherwise explicitly provided in this AGREEMENT, all electronic /digital data developed by the CONSULTANT as part of the CONSULTANTS services are acknowledged to be an internal working document for the • CONSULTANT'S purposes solely and any such information provided to the CLIENT shall be on an "AS IS" basis strictly for the convenience of the CLIENT without any warranties of any kind. As such, the CLIENT is advised and acknowledges that use of such information may require substantial modification and independent verification by the CLIENT (or its designees). Provision of electronic /digital data, whether required by this Agreement or provided as a convenience to the Client, does not include any license of software or other systems necessary to read, use or reproduce the information. It is the responsibility of the CLIENT to verify compatibility with its system and long -term stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from third party use or any adaptation or distribution of electronic /digital data provided under this AGREEMENT, unless such third party use and adaptation or distribution is explicitly authorized by this AGREEMENT or subsequent agreement(s). H. REUSE OF DOCUMENTS Drawings and Specifications and all other documents (including electronic and digital versions of any documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are instruments of service in respect to the Project and CONSULTANT shall retain an ownership interest therein. Upon payment of all fees owed to the CONSULTANT, the CLIENT shall acquire an ownership interest in all identified deliverables, including Plans and Specifications, for any reasonable use relative to the Project and the general operations of the CLIENT. CLIENT may make and disseminate copies for information and reference in connection with the use and maintenance of the Project by the CLIENT. However, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project and any reuse other than that specifically intended by this • AGREEMENT will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT. Page 5 of 11 -1332- I. CONFIDENTIALITY CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than CONSULTANT'S employees and subconsultants any information obtained from CLIENT not previously in the public domain or not otherwise previously known to or generated by CONSULTANT. These provisions shall not apply to information in whatever form that comes into the public domain through no fault of CONSULTANT; or is furnished to CONSULTANT by a third party who is under no obligation to keep such information confidential; or is information for which the CONSULTANT is required to provide by law or authority with proper jurisdiction; or is information upon which the CONSULTANT must rely for defense of any claim or legal action. J. PERIOD OF AGREEMENT This Agreement will remain in effect for a period of three (3) years or after which time the Agreement may be extended upon mutual agreement of both parties. K. PAYMENTS If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days after date of the CONSULTANT'S invoice, a service charge of one and one -half percent (1.5 %) per month or the maximum rate permitted by law, whichever is less, will be charged on any unpaid balance. In addition after giving seven days' written notice to CLIENT, CONSULTANT may, without waiving any claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT, suspend services and withhold project deliverables due under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges. L. TERMINATION In addition to the right of termination granted client in paragraph SA. this Agreement may be terminated by either party for any reason, which reason shall be deemed legally sufficient, or for convenience by either party upon thirty (30) days written notice. In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination, computed in accordance with Section III of this Agreement. M. CONTINGENT FEE The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from award or making of this Agreement. N. NON - DISCRIMINATION The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants and vendors are treated Page 6 of 11 -1333- without regard to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital status, public assistance status or any other characteristic protected by federal, state or local law. . O. CONTROLLING LAW This Agreement is to be governed by the law of the State of Minnesota. P. DISPUTE RESOLUTION CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall first be submitted to mediation by a mediator mutually agreeable to the parties.. CONSULTANT and the CLIENT agree to require an equivalent mediation process governing all contractors, sub - contractors, suppliers, consultants, and fabricators concerned with this contract. The parties reserve all rights and remedies available to them at law or in equity in the event the dispute is not resolved by mediation. Q. SURVIVAL All obligations, representations and provisions made in or given in Section IV of this Agreement will survive the completion of all services of the CONSULTANT under this Agreement or the termination of this Agreement for any reason. R. SEVERABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall . be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. ADDITIONAL TERMS AND CONDITIONS 1. The CONSULTANT shall not assign any interest in this contract and shall not transfer any interest in the same without prior written consent of the CLIENT. 2. For the purposes of this agreement, the CONSULTANT shall be deemed to be an independent contractor and not an employee of the CLIENT. Any and all agents, servants or employees of the CONSULTANT or other person, while engaged in the performance of any work or services required to be performed by the CLIENT under this agreement, shall not be considered employees of the CLIENT and any and all actions which arise as a consequence of any act or omission on the part of the CONSULTANT, its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the CLIENT. The CONSULTANT, its agents, servants or employees shall be entitled to none of the rights, privileges or benefits of the CLIENT employees, except as otherwise may be stated herein. 3. The CONSULTANT further agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the CONSULTANT'S performance of the provisions of this agreement. • 4. If, for any reason, the CONSULTANT shall fail to fulfill in timely and proper manner the Page 7 of 11 -1334- obligations under the contract, the CLIENT shall reserve the right to terminate the contract by specifying the date of termination in a written notice to the CONSULTANT at least thirty (30) calendar days before the termination date. In this event, the CONSULANT shall be entitled to just and equitable compensation for any satisfactory work completed. 5. No official or employee of the CLIENT who exercises any responsibilities in the review, approval or carrying out of the contract shall participate in any decision which affects his or her direct or indirect personal or financial interest. 6. Books, records, documents and accounting procedures and practices of consultant (with regard to this contract) are subject to examination by the CLIENT, and the Legislative Auditor, or State Auditor as appropriate. (The balance of this page has been left blank intentionally) Page 8 of 11 -1335- • SECTION V - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: City of Mound, Minnesota By: Printed N Titl Date: Attest: Printed Name: Title: Date: CONSULTANT: Bolton & Menk, Inc. By: ! Printed Name: -(%G, S �t,4 t d f .f Title: Pri in f, Ind' .,a9c, Date: 2 4-) G Attest: Printed Name: Title: ct— 4_e,_-"7 Date: / y Zoo / Page 9 of 11 -1336- EXHIBIT I CONSULTING CITY ENGINEERING SERVICES CITY OF MOUND, MINNESOTA In accordance with the Request for Proposals dated October 14, 2005, the CONSULTANT will furnish the following Consulting City Engineering Services, as requested and authorized by the CLIENT: A. General and Project Management • Assist in planning, coordinating, supervising and evaluating programs, plans, services, equipment and infrastructure • Develop and recommend policies and procedures for effective operation of the department consistent with city policies and relevant laws, rules and regulations and ensures council actions are implemented. • Evaluate public works needs and formulates short and long range plans to meet needs in all areas of public works improvements, including but not limited to streets, water, sewer, storm drainage, street lights, parks and buildings • Direct engineering activities on projects and oversees project management for the construction of the municipal public works projects • Ensure that costs and fees are charged back to development projects; work with the Finance Director to monitor charges and revenues associated with development prof ects • Assist with the preparation of annual engineering budget and monitors expenditures B. Construction Services (Public and Private Projects) • Plan and review construction projects and specifications • Monitor the construction process for compliance with codes, regulations, standards and with approved plans; assure financial accountability of private projects as they relate to escrows and letters of credit. Provide advice to the City during performance of construction projects and shall give consideration and advice to the City during the performance of services • Prepare and review construction plans • Review bids and prepare bid tabulations • Perform construction staking and surveying C. Preparation of Engineering Reports and Technical Correspondence • Determine the need for preliminary studies, reviews all preliminary studies for compliance with ordinances, comprehensive plans, engineering standards and financial guidelines including: • Feasibility reports • Construction inspection • Assist with assessment rolls • Plat review • Utility studies • Traffic studies • State aid reports Page 10 of 11 -1337- LJ • Storm water system analysis and Management Plan • Capital Improvement Planning studies • Prepare comments regarding reports, plans and studies of other agencies • Present feasibility studies at public meetings D. Participate in City meetings, including: • Internal and external meetings involving engineering questions and issues • Meet with developer and members of the public on proposed development projects, in order to relate the processes and procedures involved with engineering and infrastructure development. Review development proposals for conformance with City Standards • Act as City liaison and City representative with other communities and county, state and federal agencies in areas of responsibility • Attend City Council meetings and work sessions, as needed • Attend Parks, Open Space and Docks Advisory Commission, and Planning Commission meetings, as needed • Attend other City meetings, as needed E. Respond to Constituent Requests and Issues as Directed by Staff • Perform field inspections • Address constituent concerns personally and in writing • Make public presentations • Provide recommendations to staff and City Council Page 11 of 11 1MR11 Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 Phone (312) 977 -9700 Fax (312) 977 -4806 October 15, 2008 Kandis M. Hanson City Manager City of Mound 5341 Maywood Road Mound MN 55364 Dear Ms. Hanson: We are pleased to notify you that your comprehensive annual financial report for the fiscal year ended December 31, 2007 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The Certificate of Achievement plaque will be shipped to: Catherine Pausche Finance Director under separate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, enclosed are a sample news release and the Certificate Program "Results" for reports with fiscal years ended during 2006 representing the most recent statistics available. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Government Finance Officers Association � rf1l►' Stephen J. Gauthier, Director Technical Services Center SJG /ds -1339- Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 • Phone (312) 977 -9700 Fax (312) 977 -4806 10/15/2008 NEWS RELEASE For Information contact: Stephen Gauthier (312) 977 -9700 (Chicago) - -The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Mound by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), . department or agency designated by the government as primarily responsible for preparing the award - winning CAFR. This has been presented to. • Catherine Pausche, Finance Director The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 16,000 government finance professionals with offices in Chicago, IL, and Washington, D.C. -1340- MEMORANDUM June 4, 2009 To: City Mayor and City Council From: Catherine Pausche, Finance Director Re: Xcel Electric Franchise Fee Ordinance Amendment To extend the period of the Sunset Clause The City Council approved an ordinance in 2003 establishing a $2.00 per meter electric franchise fee. The approved/amended Ordinance No. 08 -2003 Section 1, Subd. 8 contains the following language: Sunset Clause — This Ordinance shall automatically sunset on December 31, 2009, unless the City Council acts to renew or extend the fee at least six (6) months prior to the sunset date. The City Council may unilaterally renew or extend the fee on the same terms and conditions. Without waiver of any rights under Minnesota law, the City Council shall seek agreement from Company if the City intends to change the fee rate or fee design. Although there has been some support from council members to eliminate franchise fees, both the natural gas and electric franchise fees have become a steady source of revenue, including when Local Government Aid was eliminated for Mound, and during this period of levy limits and the unallotment of the Market Value Homestead Credit. Since implementing the franchise fees in 2003, budgeted and actual revenues have been as follows: Center Point Xcel Actual 95,000 Budget Actual 2004 95,000 107,578 2005 100,000 108,996 2006 105,000 107,838 2007 110,000 111,307 2008 108,000 109,193 Center Point Budget Actual 95,000 89,435 90,000 89,820 90,000 91,157 90,000 91,128 90,000 91,400 Staff recommends the approval of the attached amendment to Ordinance 08 -2003, as amended, to extend the Excel Energy Franchise Fee until December 31, 2011, when the City has more flexibility in how to absorb the loss of revenue. The Council can choose to sunset it sooner, but this date saves administrative time and expense if we do not have to keep amending the ordinance in the meantime. Please feel free to contact me with any questions. -1341- CITY OF MOUND ORDINANCE NO. -2009 AN ORDINANCE AMENDING ORDINANCE NO. 08-2003 IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D /B /A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITH THE CITY OF MOUND The City of Mound does ordain: That Section 1, Subd. 8 of Ordinance No. 08 -2003, be amended as follows: Subd. 8. Sunset Clause. This Ordinance shall automatically sunset on DeGembw 31, 2909 December 31, 2011, unless the City Council acts to renew or extend the fee at least six (6) months prior to the sunset date. The City Council may unilaterally renew or extend the fee on the same terms and conditions. Without waiver of any rights under Minnesota law, the City Council shall seek agreement from Company if the City intends to change the fee rate or fee design. Passed by the City Council this 9th day of June, 2009. . Attest: Bonnie Ritter, City Clerk • Mayor Mark Hanus -1342- MEMORANDUM TO: Mayor and Council Members FROM: Jim Fackler, Park S DATE: May 28 2009 RE: Dock Permit Request — 4539 Island View Drive At the May 21, 2009 Docks and Commons Commission meeting the Commission discussed a request from Rick Sundberg to install a dock on Devon Commons on a vacant lot he owns at 4539 Island View Drive. The Commission recommended denial of this request. Below is an excerpt from the meeting minutes: Discuss: Dock Permit Request — 4539 Island View Drive Fackler stated staff received a request from an applicant who is a resident of Maple Plain to put a dock on a vacant lot he owns at 4539 Island View Drive. The lot abuts Devon Commons. City Ordinance states applicants much be a resident of the City of Mound to apply for a dock. Staff recommends denial based on ordinance. Discussion followed on whether there is a building permit in place for the lot. MOTION by Osmek to uphold staffs recommendation for denial of dock application. SECOND by Gardner. MOTION carries unanimously. -1343- MEMORANDUM TO: Docks and Commons Commission FROM: Jim Fackler, Park DATE: May 14, 2009 RE: Dock Permit Request — 4539 Island View Drive Staff has received a request from Richard Sundberg, resident of Maple Plain, and owner of a vacant lot at 4539 Island View Drive to install a dock on this property. The lot abuts • Devon Commons. City Ordinance Section 438.10 Subd. 1 (B) states "Applicant must provide evidence establishing to the reasonable satisfaction of the dock Administration that the applicant is a resident of the City of Mound and resides at the address shown on the application." Staff is recommending denial of this request because the owner is not a resident of the City of Mound. DCC/ 2009/ COMIvUSSIONMEMOS /5- 14SUNDBERGIVDDOCK _1rl_ -1344- Page '2 of 9 Subd, 19. Site #&W: The shoreline lineal footage marking that represerits the center of a Dock Use Area along the shoreline. SO& 20. Rte f Sli : Shoreline lineal footage that could indicate either, the slip .. complex access point or'the ceriter of the slip complex. Subd. 21. Slip Use Area: Area for use and mooring of declared watercraft. Area means horizontal measurement from the foremost to the -aftermost and port to starboard of the watercraft including it a bowsprits, decks..., anchors, old rms, motors and'other equipment and attachments in their normal operating posiion. Subd. 22. Wait list: List of current Third Priority and Fourth Priority applicants waiting for a dock or slip. Subd. 23. Watercraft-Registration: _ Watercraft Registration issued by the DNR or US Coast Guard documentation. 438.10 Application Procedure Subd. 1. Appf callon Form. Applications for Dock Licenses shall be filed yearly with the Dock Administration at the City offices. Such applications must include: A. Full name of the applicant. B. Address - A A Iic nt must provide widened establishing to the reasonable> satisfaction of the dock Administration that the applicant is a resident of the City of Mound and rede °tfierddss� pt sj on; the on. A ;curer�t Minnesota Driver's_ License -, or Minnesota .Identification Card showing residency at the address may be, but is not nepsssarlly evidencs. ,of-- residency- Othe.r>evad6,noe,, suf�i 'e to establista [es dency includes proof that the applicant resides at the address siaouvn n tine . epplication In the summer months, that the property is owned by the applicant, and that the properly is not occupied during other trines of the. year by anyone• other: then ;applicant or ap.pi cant's family, or both. C. Phone number(s) of the applicant. D. Signature of the applicant Signature shall guarantee- that the applicant will remove the dock and all appurtenances at the expiration, suspension, or revocation. of the license if the, license is not renewed at expiration. The` applicant shall :agree. that if they do not remove everything, the City is authorized to have them removed and the applicant agrees to pay to the -City any and all .costsJncurred by the City in removal and disposal. The applicant also shall agree that if the City removes the dock; "the;City is authorized to dispose of any materials or parts which are left on public lands or in public waters and the applicant shall forfeit any nght:or- claim to the materials left on the dock site. E. Declaration of Watercraft. At the time of submitting the annual Dock. License Application, the applicant will also declare all watercraft that the applicant intends to moor at the dock. Required Information for all declared :watercraft shall be pursuant to Subsection-438.20 Subd. 1. F. Fees Paid. The annual application fee and: license fee :shall- be that as established the City Code. Lake Minnetonka Conservation District fees, as established by that organization, must also be paid. http://www.cityofmound.com/CITY�/�20C OrTb45 - m 4/6/2009 -34. 9. X44 Bryant Street Maple FWn, MN 55344 Ift 5, 2009 Kandis HAnsea C4 Manager City. OfUlound 5,341 Maywood Road Mbmd, MN W64 Re, 4559 island View Drive, Do6k Pftiit Request; City Council Vanaboe Request. I am writing to request a variance Yo the: City ord.m'Anges fat. curzenay exist which prohibit me from. installing ..rny dock: on the above. mentioned property. .My oircurristances am as fiollows- I hat lived an Lake Minnetonka silice I997, .first at 313 Lakcvliewl Avenue inTonka Ray, and most recently A711.9 Minnelorikaffigh-lands" Lane in Orono- Due to divorce I 'proceedin&%, I was for�ed to gel: my Orono lakehome, which closed, last. November 24t . h. BpAh of . ray both, prior lakehomes, went through an extensive remdeling cffor� so I electpd to purobase the property located at:45 9 Island, View: Drive ,far the site of to next home: and design a house, from. fhe ground up and,not. undertako a 2 3 year remodelibg ;pio gratin as I hies done. in the past. • At this point .1 have retained the architect 1 have used ,.in the past house remodeiing projecistodes' thchouse:jpe"Nf 5 44 Iga jchel!�', M.ichels Archinecture, 6 .1-644�32. , The site has beer), fully surveyed by Greenberg and. Assoc4tes, and Mr, Michels has begun work, on the proposed layoat of the Structure, There is a dock on my properly now ffi.at I retainedownergbip of after the, sale of the. Orono lake house andIad moved to the property over the ice in late January. I wish to install adequate sections of that.; dock and a boathouse for the season. of 2009, and son the rest. I beSeve the following factors combine to create a compelling argument for the requested variance: 1. The dock site is currently vacant, and is available only fort the msklentofthe 4539 island View drive lot. Therefore, installing my look; , even though: my .residence has not' been will not displace any mistih&Mound residence from installing, adook at that. site. The lot, has 854: of frontage, , and installing, the dock vAll also n ' ot "crowd" the neighbor to ih.P. sour -Ii or the neighbor (house). to the -north, is is for sale, and is not installing a dock. 2. The dock will generate additional fees for the City of Mound. ,7 -1346- � . LM. ix--Cipient.Name.] May 5,200 Page 2 3. The taxes for this lot payable M.2W9 are $6800 - -:a: sum Whichis comparable/higher than many, lots withekistilig homes iii. that area with either common or owned Lakeshore. The lot is taxed as: ifit were improved already, and would not be higher if there was an existing 2000sf stmeture that could be inhabited al wiAg a, dock, to be, installed withoutavariance. 4. Renting aslip for $3000+ vs, iztstall ttg txty ouvri. dock for free: seems. like a terrible: wage oaf economic resources in this troubled economy. A better use of these funds is to pay the arclutect for a bett and is not cur=t y an option: given my personal ec.ononno circumstances. 5. The slip would be for my fully restored classic 1962 32' Chris Craft, which needs a covered slip to protect -the : var 4 wood from the ultraviolet rays of the 3=. nished Covered slips are not available t at marinas: As the summer season. InNfirmesm is short,: I would appreciate. a response at your earliest convenience. I have help lined up to in my dack -the weekend after Memorial Day and would like-to get in front of the Mound City Council I Mound Dock Commission at the earliest opportunity. Thank you. for your time mp and attention to Ods, matter- Enclosure cc: jimFacUar Sincerely, Richard SUNb . en, d1 -1347- DOCK LOCAMON, . URVEY FOR DSF.D-EVE-LDPMENT LLC IN LOTS I & .2, BLOCK HaqR5,PlN-- cou.Nw, mt-WEBOTA 72 all. SET At MW or FU)EtN, ROAD ABE 44 W. 'e 4of 3T= -(DBF :P-ARCEL) t 2 OP tvAzft' rati low rpm OF, LOT LEGAL. bE9awrp4 PRQK#M ' r NDTEl LAM A fdt porl of Lit I _ ' WATE tiff w d= k" offl, e th. ' of. w low m ilia rot sold i 396 f4ef Yo' the Poaft M df (mW oW#On*1 bi* icy b 0.6 ht 4,34 a arol - , M"i " -. 13*4 �- . nm#wq4 �! _ .1011he vorVimmt tt~ of sold lot 'I std tftm AT.o%rn pting. v orpilo ion moi* U.4%z, Oiom are: bo*d -0 co mmd ticbm k . 1 1. IQ* our4gy %Wowip _the VO4"doribs of - the Iwopor eA and tht, l000liop til 6 bRy d . 19 "Itt oY pok tm 06hi mot'*swt ba. : lo. *U* CRY bib .4 ^ —1348- 5341 MAYWOOD ROAD V r OF MOUND MOUND, MN 55364 -1687 PH: (952) 472-0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com May 26, 2009 TO: Mayor and City Council FROM: Bonnie Ritter RE: Renaissance Fireworks, Inc. application to sell consumer fireworks. I have received an application from Renaissance Fireworks, Inc. to sell consumer fireworks from a tent in the parking lot of Mound MarketPlace. I am enclosing a copy of the email that I sent to Mark Lazarchic, informing him that the same regulations apply as last year and his application does not meet with our current zoning regulations. He then asked to be placed on the Council agenda to appeal this decision. Please note that along with his application he included a letter stating that he would set up in the free - standing building like he did last year, but prefers to use a tent. I have confirmed with Sarah Smith that her response to this request would be the same as last year. I have included a copy of her May 16, 2008 memo. If you have any questions regarding this, please feel free to call me at 472 -0610. w (?-printed on recmied paper 1349- Page I of I Bonnie Ritter From: "Bonnie Ritter' <BonnieRitter @cityofmound.com> So: <mark@renaissancefireworks.com> ent: Tuesday, May 26, 2009 2:15 PM Subject: permit When you applied for a license to sell consumer fireworks last year, you were informed by our Community Development Director that the request to sell consumer fireworks from a tent and storage trailer could not be approved because it does not meet with our current zoning regulations. These regulations have not changed. The application you submitted requests sale at 2125 -2195 Commerce. Your agreement with Mound MarketPlace has an exhibit A, showing the request to be for parking spaces along Commerce to accommodate placement of a tent and storage container. The application as submitted cannot be approved for the same reasons given you last year. If you wish to re -apply to use the free - standing building at 2125 Commerce, please resubmit your application stating this, and have the agreement with Mound MarketPlace amended to reflect that location. If you have any questions, please feel free to contact me. Bonnie Ritter City Clerk City of Mound 5341 Maywood Road Mound, MN 55364 952 -472 -0610 Fax: 952 -472 -0620 J -1350- 6/2/2009 , To whom it may concern, Enclosed is our application(s) for fireworks sales for 2009. We have enclosed in addition to the permit paperwork: - A copy of the lease - A site plan if possible - The storage container being used - A copy of the letter for announcing our safety training session this year - A copy of the safety sheet handed out at every purchase - A tent diagram with exits and Fire Ext marked off to scale - Our insurance companies information - The tents we use Certificate of Flame resistance - A material safety data sheet - A copy of last years insurance. We will be using the same company and program, but do not activate each policy until we know we are setting up at a site. - A list of every item we are selling If there is ANYTHING else needed to obtain our permitting, please do not hesitate to call or e-mail with it and I will get it to you quickly. Thank you Mark Laaarchi.c Renaissance Fireworks 612 -840 -3240 mark @renaissancefireworks.com. -1351- RE: City Clerk, City Manager, City Attorney. Renaissance Fireworks is asking for the support of Minnesota cities in enforcing of all Minnesota firework laws for the upcoming 2009 season. It has come to our attention that many, if not most cities are unaware of Minnesota Department of Labor laws pertaining to Firework sales. According to Child Labor laws put forth by the commissioner of the Department of Labor and Industry there is work that is prohibited for minors under the age of 18. Under the "hazardous materials" listing is the following: "minors are prohibited to work where explosives or fireworks are manufactured, stored, handled or fired." bUp: / /www.doli .state.mn.us /LS/ProhibWorkl 8.asp We are asking that this law be enforced across the board and not just enforced with firework companies. Companies such as Cub Foods, Rainbow Foods, Sam's Club, • Costco, Menards, and other retailers employ minors under the age of 18 and therefore should not be issued permits to sell fireworks unless they comply with MN law. Several cities already have ordinances on their books referring to this. We are asking for the sake of uniform safety and legitimacy in the fireworks industry that you also follow suit. Please feel free to contact me directly with any questions or concerns. Thank you Mark Lazarchic Renaissance Fireworks 612- 840 -3240 mark @renaissancefireworks.com U -1352- 03/16/2009 10:57 FAX 9524720620 CITY OF ROUND a . NPT- 1I CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 56364 LICENSE TO SELL CONSUMER FIREWORKS i•'vY Iii 002 Applicant Name: 4rE W?+ (A-'L Address: -/X07 / NE City /k.1ne (e.d:s , StateAjV Zip: S #'fy- Phone No: 612- rlo -TZy6 Applicant Date of Birth: /d - AZ- 6 r ,pct 1Kd(ktfj91a,e Name of Business (sale site): ,Q,e�a.ssao� F• sPH..rLs Address: oZ I- d���Sr6��,rae Phone No: Dates fireworks to be sold: From Svc /9 through ✓�� S Hours of sale: From 9 Ae to Type of Consumer Fireworks to be sold: A k1 5-0(4e 1 �-' ► e— Quantity, in pounds, of fireworks to be at the sale site: By signing this application, applicant attests that he /she understands what constitutes consumer fireworks and what are illegal under state law. He /she also attests to having read and understanding City Code Chapter 906 that governs the sale of consumer fireworks. Sig ppti Date Applicant must provide proof of liability insurance in amount of $9, 000, 000 per occurrence. Approval: Fire Marshall Police Department ATTACHED: CITY CODE SECTION 906 Pxt'�Id- 5 - R 5 -o q � 0) C*L4.t. Gr'o too dew 5 - ►� - �� . -1353- Planning & Zoning City Manager /la . 1 Renaissance Fireworks Inc. TEMPORARY LEASE AGREEMENT • THIS FIREWORKS STAND AND LEASE AGREEMENT is made between Landlord: PEW, Investments Address: Bloomington, MN. 55431 Federal Tax ID or SSN: S - Property Name: Address: ccrw thwt Q Mound. MN RTA Lose address is: Phone Number: Contact: Tim lase- Check Payable: I � ' L �L4 ,3/�F Phone Number: 952- 857 -2590 Contact: Tim Lease, Sue CfT" &% and Renaissance Fireworks, Inc. (hereinafter referred to as the "Tenant "), whose address is: 1607 Lownr Ave. NE, Minneapolis, MN 55418. LEASE OF PROPERTY. Landlord leases to Tenant the property described above at the location shown on attached EXHIBIT A, which exhibit is made a part hereof. The property is to be used for the purposes of housing a temporary sales facility from which the sale of state - legall AG (Class Q consumer fireworks and novelty items will be conducted in accordance with applicable law. h stand, kiosk specifically gives will be the vehicle from which the products temporary stand, kiosk or tent on the property, hi will be sold. TERM. The term is for the period June 19, 2009 through July 5, 2009. Tenant may begin setting up and continue taking down for 7 days before and after the term dates. RENT. Tenant agrees to pay rent to the Landlord in the aggregate amount of TWO THOUWND DOLLARS ($2,000.00), plus 10% of gross sales over TWENTY THOUSAND DOLLARS ($20,000.00) for f� property named above under site information, which amount shall be paid July 22, 2009. TENANT'S PROPERTY. All of Tenant's personal property shall be on the leased property at Tenant's sole risk. OPERATORS• The Landlord acknowledges that the Tenant sometimes subleu the sale of the fireworks to independent operators. Landlord approves of all such arrangements, provided that the Tenant is not relieved from any obligations hereunder. -1354- INSURANCE. Tenant shall provide general liability insurance covering the Tenant's use and occupation of the properties, including, without limitation, product liability, bodily injury, personal injury a W property damage, on an occurrence basis, with coverage in the aggregate amount of ONE MILLION DOLLARS ($1,000,000.00). The insurance shall name the Landlord as an additional insured under Tenant's insurance policy "as Landlord's interest may appear." Prior to occupancy, Tenant shall deliver a Certificate of Insurance to Landlord evidencing the insurance required hereunder. INDEMNITY. Tenant shall indemnify and hold the Landlord harmless from any claims in connection with any injury or damage caused to any person or property arising out of Tenant's use or occupancy of the properties. SURRENDER OF PROPERTIES & RIGHTS. Tenant agrees to surrender possession of the property to the Landlord upon termination of this agreement in as good condition and repair as the same shall be on the date Tenant first occupies the properties under this lease agreement — ORDINARY WEAR AND TEAR EXCEPTED. The Tenant shall make any and all repairs necessary to restore any portion of the property where such restoration is necessitated by the Tenant's use of the property. CHANGE IN LAW. In the event that the sale of consumer fireworks is prohibited for any portion of the term by any level of judicial, legislative or executive law, order, rule or regulation, this lease shall, upon notice from the Tenant to the Landlord, terminate, whereupon any advanced rental payment shall be returned to the Tenant on a pro rata (number of days of term occupied) basis and the Tenant shall be relieved from any further liability hereunder. PERMITTING. This agreement is contingent upon Tenant securing all required local and state licenses and permits to sell 1.4g (Class Q consumer fireworks on the leases premises. If Tenant is unable to secure such license and permits this lease agreement will become null and void. PROPERTY. If the property is inaccessible or unusable due to construction or the like, then this lease is subject to revision. ENTIRE AGREEMENT. This lease agreement and any incorporated exhibits or attachments contain all of the agreements between the parties and cannot be modified in any manner other than by an agreement signed by the parties with the same formalities attendant to the execution of this lease agreement. Each agreement, term and provision of this lease agreement shall be construed to be a promise, covenant and condition. PROVISIONS BINDING. The agreements herein shall be binding upon and inure to the benefit of the heirs, executors, administrators, personal representatives, successors and assigns of the parties. IN WITNESS WHEREOF, the Landlord and Tenant have executed this lease agreement, each party acknowledging receipt of an executed copy hereof. RENAISSANCE FIREWORKS, INC. —"Tenant" Name of Wlord dlord" By y: — Name: hic Title: �.� �� /h G i Title: President Date: /� �� Date 3- P�1.9 -1355- F-- ---I r--^ --i • -1356- o E a 0 O • Tom( � •R O o >� f— C .x 4 cl6 I �V -1357- May 17, 2009 • Dear City of Mound, Renaissance Fireworks will be conducting seasonal sales of MN fireworks at the Mound Marketplace shopping center for the 2009 season. Renaissance Fireworks will be selling legal fireworks. We would like to conduct sales out of this tent which will utilize 7 parking spots with a 20x40 frame tent with a 20'x8' storage container for overnight storage— The tent will be erected the week of June 15a' and come down the week after July 5s`. We will use a lockable container for overnight storage. Our sales dates are June 19s` through July 5s` 2009. Apprees Party and Tent rental will erect the tent and supply the tables. We request that we once again be allowed to use a tent in the parking lot. We were set up for 2 years in the parking lot and had no problems at all. Also considering the vacancy rate of the shopping center we are certainly not taking parking from tenants. The property owner does not see a problem with us being in the parking lot and by the business we generate apparently neither do the residents of Mound. We would set up in the building again this year but greatly prefer a tent as it provides the look and feel we like to have. If you have any other questions please do not hesitate to contact me. Sincerely, Mark Lazarchic Renaissance Fireworks Inc • Mobile - 612- 840 -3240 Fax — 612- 788 -2056 mark@renaissancefireworks.com -1358- 5341 Maywood Road Mound, MN 55364 City of Mound (952) 472 -3190 Planning and ' Department Memorandum To: Ms. Bonnie Ritter, City Clerk From: Sarah Smith, Community Development Direc Date: May 16, 2008 Re: Planning / Zoning Review — Fireworks License Application from Renaissance Fireworks, Inc. relating to Mound Marketplace Shopping Center In accordance with the review requirements of Section 906.20 of the City Code, the Planning Department has reviewed the application for a fireworks license from Renaissance Fireworks, Inc. relating to the Mound Marketplace shopping center. • The Mound Marketplace shopping center property is zoned Destination District. The regulations for the Destination District are contained in City Code Chapter 350.652. Copy attached. • The Mound Marketplace shopping center was granted development plan approval by conditional use permit following adoption by the City Council of Resolution No. 01 -13 on January 23, 2001. The City Council's development plan approval included specific provisions and standards related to the construction of 67,000 square feet of commercial space to include a grocery, a City liquor store, restaurants and smaller retail shops. Copy attached. • Variances for reduced parking stall size and space / ratio requirements were approved by the City Council as part of the Mound Marketplace development plan. The parking requirement calculated for the project per City Code required 446 spaces and the development plan showed only 313 spaces plus 24 spaces adjacent to Pond Arena. The City Council agreed to allow parking to meet a 1 space per 200 square foot ratio plus a reduction of a 23 spaces, which resulted in a 109 parking space variance according to the approved resolution. The ' site plan for the fireworks tent and related storage shows that approximately 8 parking spaces will be utilized for those purposes. With the removal of these parking spaces, Mound Marketplace would be deficient in the number of parking spaces required by the City Code, the development plan and the variance approved by the City Council. -1359- • Accessory outdoor retail sales are allowed in the Destination District upon approval of a conditional use permit. The definition of an "accessory outdoor retail use" in accordance with City Code Chapter 350,310, Subd. 2 is as follows: • Accessory Outdoor Retail Use. Exterior retail sales that shall be enclosed by walls, fencing or other suitable material. Such uses shall be an accessory to the principal retail structure and shall not exceed 20% of the floor area of the principal structure. The proposed fireworks tent does not meet this requirement because it will not be enclosed -- bywaliy -or fencing- .-- in-- additian,- the -tent- will -bt operated-by an- outside entity that is not currently a tenant of Mound Marketplace, which means that it will not be accessory to the principal retail structure. • Because the proposed outdoor sales use is not affililiated with the principal retail structure, it is not eligible for a conditional use permit. Additionally, it is unknown at this time whether the Mound Marketplace development plan could be amended using the conditional use permit process to allow a principal outdoor retail use (temporary) if the use was not specifically included in the current zoning regulations for the Destination District unless the zoning ordinance was amended to include this use. • The site plans approved by the City Council with the development plan for Mound Marketplace show the configuration and design of the commercial parking lot for Mound Marketplace. They do not depict any area(s) for temporary outdoor • sales or storage use. Therefore, the proposed use is not in compliance with the Mound Marketplace development plan. Based on my review of the permit application, I have determined that the license application cannot be approved because the proposed use is not consistent with the City's zoning regulations, including the approvals previously granted by the City Council for the Mound Marketplace shopping center which specifically includes, but is not limited to the Planned Development Area- Conditional Use Permit adopted by City Council Resolution No. 01 -13. 2 -1360- Mound City Code 350.652 "DEST PUDII Destination Planned Unit Deyelopment:District. 350:652 Subd. 1. Purpose (DEST- PUD). The Destination District is intended to allow for retail sales. and services intended to serve the needs of the local population. This District is primarily oriented at the motoring public because of its location along minor arterial roadways and good vis.'ibility. Subd. 2. Permitted Uses. a. Adult Establishments b, Banks, c. Barber and Beauty Shops d. B usin`ess or Trade Scf obis e. C hurches f. Consignment shops g. Day Care h. D eilcatessen L Drug Store j. Grocery Store k. Health Clubs, 'Fitness Centers and Dance Studios 1. In'stitution's and Charitable organizations m Liquor:Stores,.. nc M edical. and Dental Clinic s o. Offices p; P.rivate Lod.ges.and.Clubs q. Pu# lie Buildings r. Public -:and private: Park and Recreation s. Restau rants. (Class I, 11 and 111) t.. Retail Business u. Service. Shops.: v. Theatres w. Transit .stations. .(ORD 12- 2003, 12/7/03) Subd. 3. Conditional Uses. a. Accessory Outdoor Retail Uses b. Animal Hospitals C. Commercial Parking Lot's d. C'Ulfbrai and f=raternal Organisations e. Drive -in Retailing establishments f. Hospitals g. Minor Auto Repair, Tire and Battery Stores h. Taverns 76 - 1361 -- 12/7/03 • Mound City Code Sabd. 4. Subd. S. t. 1 Accessory! Uses. & Parking Lots b.. Automatic teller:machines (ATM). c. Buss shelters: d. Signs e. Public Telephone Booths f. Antennas Wk Standards,. Ordirmu ffigh Water 56 feet (QF No, Setback (min,) So feet Impervious Surface approved by PUD All other bulk re' c'uireme#ts as approved by PUSS. There is not a minimum iot:size require'mef -or tie DLST: PUD. District:: ... (ORD. 110- 2000, 7/211 350.653 "L - PUD". ,� W ea, ':P lined i lit I coelppuaent D st Ct 350.652, S.uM.4. (ORD.. 11-0- , 7'1-' 9l ) Subd. 1. I As .,l' ' D):; The purpose of the l ' a r District, is to provide a ,— rMI X of medium arid high density residential, institutional., and office uses. The Linear disakA provide a keye y paint to the downtown'core and will provide a' higher. degree of aeWWfie ft2MIeRt- tO catremgnt the downtown. _ Sou:. PertiIs b. Muldpk Ttgily dwelfings ,(b + . units) di cR{ 6. ad•' d, PA:vate sohoAls e. Public pwk .and .recreation f. PubUd and lnstitutioaW buildings g. private ledges and clubs T7 7/29/00 -1362- CITY OF MOUND RESOLLT'>r`ON 401 -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 site 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 % 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' flats 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," PARCEL SIZE 12.27 ac i' PROPOSED UNIT # 99 Resolution #01 -13 Page 1 -1363- Yl • -1 11 DENSITY 8 units /acre Minimum Lot Width Not applicable Front Yard Setbkk 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, ornamental, and coniferous varieties. The park will be planted with 24 shade trees in addition to the 9 conifers that will be preserved; and, WHEREAS, 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 401 -13 Page 2 -1364- treatment; and, WHEREAS, the following standards apply through the conditional use permit for Mound Marketplace PARCEL SIZE 6.7 ac PROPOSED SQ r FT. OF 67,000 COMMERCIAL Minimum Lot Size NA Minimum Lot Width NA Front Yard Setbacks - Building fronting on Lynwood Building fronting on Commerce Per development plan Side Yard Setbacks - Building fronting on Lynwood West building Per development plan 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 %s feet by 18 feet stall dimension Code requires 10 feet 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 requiring 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 901 -13 Page 3 -1365- 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: • A. Approves a Conditional Use Permit for the "The Village by Cook's Bay" and "Mound Marketplace" with the following conditions: 1. Relocate parking spaces along the rear of the grocery store to areas close to the clubhouse. 2. A pedestrian easement between building facades along Lynwood and Commerce right -of- ways be provided. 3. Easements for recreation and maintenance of the multi -use trail system. 4. Indicate how private streets will be lighted. 5. 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. 6. 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 parldng 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 -1366- 7 J 8. 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. 9. Approval of right -of -way and access drives by Hennepin County and consistent with final plat approval. 10. Approval by the Minnehaha Creek Watershed District. 11. 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. 12. 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 permits from the Minnesota Department of Health and the Minnesota Pollution Control Agency, or any other applicable permits, prior to beginning construction. The Building Official will not authorize construction until permits are secured. 14. The City Attorney 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: 1. 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 -1367- C. 2. A variance is approved to allow the commercial parking spaces to be designed at 9 1/z feet width and a 60 feet 6 inch isle separation. 3. A hardcover variance of 62% is approved for "Mound Marketplace." 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. 2. The parking space ratio and size are consistent with current retail industry design and other metropolitan community code requirements. The smaller parking space size reduces the amount of hardcover that would be incurred by the typical zoning requirements. 4. 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. C. 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 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 1/4 of the Southeast 1/4 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 1/4 of the Southeast 1/4 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 1/z of the northeast 1/4 of the Southeast 1/4 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 I described as follows: Resolution 401 -13 Page 6 -1368- Commencing at the Northeast corner of said South. 1/:2 of the Northeast 1/4 of the Southeast '/4; thence Southerly along the East line of said Southeast '/4, a distance of 225.00 feet; Westerly parallel with the North line of said South '/z of the Northeast 1/4 of the Southeast 1/4, 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 1/2. of the Northeast '/4 of the Southeast '/4, thence Easterly along said North line to the point of beginning. And except that part of said South 1/2 of the Northeast 1/4 of the Southeast 1/4, described as follows: Beginning at a point on the East line of said Northeast '/4 of the Southeast '/4, distant 225.00 feet Southerly from the Northeast corner of said South '/2 of the Northeast '/4 of the Southeast '/4; thence Westerly, parallel with the North line of said South '/2 of the Northeast 1/4 of the Southeast 1/4, a distance of 398.63 feet; thence Southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 1.58.39 feet; thence Easterly, deflecting to the left 89 degrees 57 minutes 22 seconds, to said East line of the Northeast '/4 of the Southeast 1/4; 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 V/1 Pat Meisel, Mayor Attes : City Clerk Resolution 901 -13 Page 7 -1369- 5341 Maywood Road • Mound, MN 55364 (952) 472 -0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: June 2, 2009 Re: Staff Research — Waterside Lane / Water Bank Commons Summary. At its May 26, 2009 meeting, the City Council received an inquiry from several property owners along Waterside Lane / Water Bank Commons about the name of the existing road and the possible option of removing the pavement. Council Members directed Staff to undertake research regarding the history and status of the existing road (Waterside Lane). Discussion. • As the City Council is aware, Waterside Lane is scheduled to be overlayed and utility work performed as part of the 2009 street project. It is Staffs understanding that this work is not expected to begin for several weeks. • Attached are memorandums from City Attorney John Dean, Public Works Director Carlton Moore and Fire Chief Greg Pederson which outline the legal and public safety and emergency service issues associated with the existing road. • The City Code requires that all lots have minimum frontage on a City approved and accepted public street in accordance with zoning district regulations. • Waterside Lane was part of a previous street improvement project in 1978 -1979. • Excerpt from Appendix E of the Mound City Code (Certain Streets Renamed) — "Waterside Drive" was renamed as "Waterside Lane ". Next Steps. Mound Staff will be present at the June 9, 2009 meeting to share the aforementioned information regarding Waterside Lane / Water Bank Commons and looks forward to review and discussion with the City Council. In the event there are any questions, City Council Members are encouraged to contact Staff at their convenience. Please do so in advance of the meeting if you feel there is information that is lacking that would be pertinent to the discussion. i -1370- offiod in 414) VS -bank Al= ?4 th 641 siu, m 'Witli4p,,(i46 ) t ncapOis> NlN,334112, saiarl'aul (C12) i 4 w cckp{uifc: $r, Claud hqp✓ /wtvw kr�tnedy gm, vpn.cwn, lfiir Adti eA`Gtidni Equal pp}umuniryEin love' 101 Date may 2$, 2009 To: Kandis'Hansan, City Mauager From: John Dean, City Attouiey Subjertt Waterside Dane The purpose oftbis memorandum is to addrm tbe`legetaatus oftbe roadway usually c*led Waterside Lane which rains wross' %ter' Bi 'Common between 'i'onkawood Read and ;Breezy Road. ThePl� 'The 19 Nwcabid,14 !at of Lake Side Park- A. J Crockee�s 1" Divisions does not :contain arty, dedicaticin of t Water Bank C:ommonc: for public street. The plat dedicatidii does cred6 a. awnber of other a-Venues and lanes.. Street Established Although no street was created in the plat; W-atemide Lime (fornedy known as Wateits de Drive) has existed fot quite some tithe. Although the exact point of beginning, has notbeen deternuWd, it is ' knczwn that as far -back as Agri 1 1 aerial photds showed a. toad at that Iocation, The road .had ;a gravel spa ace 0 did most of the roads in, bound at that .timme Thtit Js also anecdotal evidence to the effect that the roadway was there bf.,&r,, that date Legal Authority Streets not dedicated by plat, .nay,;; under *oriaus circumstances,. be valid and lawful. The most relevant ci cutn,stance here his; operation of Krine ota t :Section 160,05. °I'hat statute reads; :in, relevant part:,, When any road or portion of a road has been used and kept in repair and Worked for-al :leam six years continuously as a public highway by aroad authority 3524264J811MU220 4; -1371- Ms.: Kandis H=34.. mw2k-- 2009 it shall be deemed dedicated to the pVWc to the width of tho Omal use snd,6 arid rema4 until lawfully vacated pub 4&hwa em be a Ik y wholer it has been establithed as a public highway ormq;� W,aterside Lane,: which has been in emistexrOd Bor st, least 52 years would appear to meet thesp,reqtiiremem. used o the historical fitffinmfion, 11 conclude that `Waterside Lane, located on Water Bank Conunon "between Breezy Avenue and ToWmwood Avenue was dedicated. as a public street , by operation of Mmnesota StEdutes Socti 0 -14s the le g-W authority to coti 'to,qpetaft.ft,as a public street • mi-M 352426VIJB13M=0A -1372- 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Carlton Moore, Director of Public Works Date: June 9, 2009 Subject: Waterside Lane Background The City received a request to not reconstruct but to remove Waterside Lane between Tonkawood Road and Breezy Road by adjacent property owner(s). At the May 2e Council meeting the property owners submitted their request and challenged the presence of a road on "commons" as shown on the original plat. Discussion Attached to this memo is a memorandum from the city attorney regarding the legal issues surrounding the request. In addition the Council should be aware that there are city utilities in the road and city crews will need access for maintenance purposes. There is also a concern that under the State Fire Code new access requirements must be met should the road be altered. These concerns are addressed in the attached memo from the Fire Chief Pederson. -1373- DATE: June 1, 2009 MEMORANDUM 2415 Wilshire Boulevard Mound, MN 55364 Main: 952.472.3555 Fax: 952.472.3775 www.moundfire.com TO: City Manager Kandis Hanson FROM: Fire Chief Greg Pederson RE: Minnesota Fire Code issues related to possible closure of Waterside Lane As requested, last week I visited Waterside Lane in Mound to observe and evaluate the possibility of vacating and permanently closing Waterside Lane. Based upon the current configuration of the roadway and access into the area, it appears as though closure of • Waterside Lane would create major challenges that are related to the 2007 Minnesota State Fire Code. Background: On July 10, 2007 the Minnesota State Fire Code (MSFC) was adopted and became effective statewide. The MSFC includes the entire International Fire Code 2006, plus the State of Minnesota Fire Code amendments. In September 2007, the City of Mound formally adopted the 2007 Minnesota State Fire Code. Important Considerations, Concerns, and Issues: • Waterside Lane currently provides what is considered by fire code to be a Fire Apparatus Access Road. A fire apparatus access road is used for emergency response vehicles (and others i.e. garbage trucks, delivery trucks). In the fire code, a Fire Apparatus Access Road is defined as: a roadway that provides fire apparatus access from afire station to a facility, building, or portion thereof. • If Waterside Lane were to be closed or vacated, the 2007 Minnesota State Fire Code would require that Breezy Drive, Spruce Road, and Tonkawood Road all continue to meet the current fire code requirements for a fire apparatus access road. • If Waterside Lane were vacated or closed, Breezy Drive, Spruce Road, and Tonkawood Road would still be considered fire apparatus access roads. These roads • would require large turnaround provisions as defined in the 2007 Minnesota State -1374- Fire Code Chapter 5 - Fire Service Features. The options and possible configurations for fire apparatus access roads and turnarounds are defined and shown in Appendix D Fire Apparatus Access Roads. It does not appear that the site would accommodate the turnarounds that are required by the fire code. I have attached copies of the pertinent code sections to this memo. The water mains and supply system in the area should also be a factor when considering closing Waterside Lane. It is likely that under Waterside Lane, the water main and supply system is "looped" which provides a much better water supply system for fire fighting and daily use. The lopped water system is a much more effective design for water flow than a "dead end hydrant" which would be the case if the water mains are not looped. The city engineer would need to research this. Conclusions and Recommendations While it may not be impossible to permanently close Waterside Lane, it would require major roadway configuration changes on what would become the dead ends of Breezy Drive and Spruce Road. Approved fire apparatus access road turnarounds would need to be installed at the ends of the street to meet the 2007 Minnesota State Fire Code (refer to Appendix D attached). • Maintaining the existing roadway configuration by keeping Waterside Lane open provides the best option for access of traffic into the area, including emergency vehicle access and general traffic flow. • It is important to keep the water supply system looped in the area for better water flow and better fire suppression capacity. • There are no fire code issues or concerns with the existing roadway (Waterside Lane) as it is configured today. attachments 2 -1375- CHAPTER 5 FIRE SERVICE FEATURES SECTION 501 GENERAL 501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter. 501.2 Permits. A permit shall be required as set forth in Sec- tions 105.6 and 105.7. 501.3 Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes and con- struction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. SECTION 503 FIRE APPARATUS ACCESS ROADS t 03.1 Where required. Fire apparatus access roads shall be rovided and maintained in accordance with Sections 503.1.1 rough 503.1.3. 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3. There are not more than two Group R -3 or Group U occupancies. 503.1.2 Additional access. The fire code official is autho- rized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. 501.4 Timing of installation. When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made service- able prior to and during the time of construction except when approved alternative methods of protection are provided. Tem- porary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehi- cles in accordance with Section 505.2. SECTION 502 DEFINITIONS 502.1 Definitions. The following words and terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein. FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane and access roadway. FIRE COMMAND CENTER. The principal attended or unattended location where the status of the detection, alarm communications and control systems is displayed, and from which the system(s) can be manually controlled. FIRE DEPARTMENT MASTER KEY. A limited issue key of special or controlled design to be carried by fire department officials in command which will open key boxes on specified properties. FIRE LANE. A road or other passageway developed to allow the passage of fire apparatus. A fire lane is not necessarily intended for vehicular traffic other than fire apparatus. KEY BOX. A secure device with a lock operable only by a fire department master key, and containing building entry keys and other keys that may be required for access in an emergency. 2006 INTERNATIONAL FIRE CODE' -1376- 503.1.3 High -piled storage. Fire department vehicle access to buildings used for high -piled combustible storage shall comply with the applicable provisions of Chapter 23. 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.7. 03.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with Sec- tion 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue opera- tions. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of 41 FIRE SERVICE FEATURES fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. f 03.2.4 Ttirning radius. The required turning radius of a re apparatus access road shall be determined by the fire ode official. 03.2.5 Dead ends. Dead -end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB -17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official. 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus. 503.3 Marking. Where required by the fire code official, approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction..thereof. Signs or notices shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. 503.4 Obstruction of fire apparatus access roads. Fire appa- ratus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved man- ner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Exception: The restriction on use shall not apply to pub- lic officers acting within the scope of duty. 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. 42 SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS 504.1 Required access. Exterior doors and openings required by this code or the International Building Code shall be main- tained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. 504.2 Maintenance of exterior doors and openings. Exterior doors and their function shall not be eliminated without prior approval. Exterior doors that have been rendered nonfunc- tional and that retain a functional door exterior appearance shall have a sign affixed to the exterior side of the door with the words THIS DOOR BLOCKED. The sign shall consist of let- ters having a principal stroke of not less than 0.75 inch (19.1 nun) wide and at least 6 inches (152 mm) high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. Exit and exit access doors shall comply with Chapter 10. Access doors for high -piled combus- tible storage shall comply with Section 2306.6.1. 504.3 Stairway access to roof. New buildings four or more stories in height, except those with a roof slope greater than four units vertical in 12 units horizontal (33.3 percent slope), shall be provided with a stairway to the roof. Stairway access to the roof shall be in accordance with Section 1009.12. Such stairway shall be marked at street and floor levels with a sign indicating that the stairway continues to the roof. Where roofs are used for roof gardens or for other purposes, stairways shall be provided as required for such occupancy classification. SECTION 505 PREMISES IDENTIFICATION 505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 nun). 505.2 Street or road signs. Streets and roads shall be identified with approved signs. Temporary signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. Signs shall be of an approved size, weather resistant and be maintained until replaced by perma- nent signs. SECTION 506 KEY BOXES 506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life- saving or fire - fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. -1377- 2006 INTERNATIONAL FIRE CODE® APPENDIX D FIRE APPARATUS ACCESS ROADS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. SECTION D101, D103.3 Miming radius. The minimum turning radius shall be GENERAL determined by the fire code official. D101.1 Scope. Fire apparatus access roads shall be in accor- Ce 103.4 Dead ends. Dead -end fire apparatus access roads in dance with this appendix and all other applicable requirements cess of 150 feet (45 720 mm) shall be provided with width of the International Fire Code. d tu rnaround provisions in accordance with Table D103.4. SECTION D102 REQUIRED ACCESS D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire appara- tus weighing at least 75,000 pounds (34 050 kg). SECTION D103 MINIMUM SPECIFICATIONS D103.1 Access road width with a hydrant. Where a fire hydrant is located .on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm). See Figure D103.1. • D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade. Exception: Grades steeper than 10 percent as approved by the fire chief. 0 For SI: 1 foot = 304.8 mm. TABLE D103.4 REQUIREMENTS FOR DEAD -END FIRE APPARATUS ACCESS ROADS LENGTH WIDTH (feet) (feet) TURNAROUNDS REQUIRED 0-150 20 None required 120 -foot Hammerhead, 60 -foot "Y" or 151 -500 20 96- foot- diameter cul -de -sac in accordance with Figure D103.1 120 -foot Hammerhead, 60 -foot "Y" or 801 -750 26 96- foot - diameter cul -de -sac in accordance with Figure D103.1 Over 750 Special approval required For SI: 1 foot = 304.8 mm. D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the follow- ing criteria: 1. The minimum gate width shall be 20 feet (6096 mm). 0 20'-a_ ss' / �- 26' R 26' 28' R TYP.' 20' TYP.' 20' 20' 26' 96' DIAMETER 60 "'Y" MINIMUM CLEARANCE CUL -DE -SAC AROUNDA FIRE HYDRANT 20'� 28' R TYR' --> 26' 2006 INTERNATIONAL FIRE CODE® 120' HAMMERHEAD 28'R TYP.' .L 70' 20'-T -; 20' ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD FIGURE D103.1 DEAD -END FIRE APPARATUS ACCESS ROAD TURNAROUND YWli -11i 397 M■ APPENDIX D 2. Gates shall be of the swinging or sliding type. 3. Construction of gates shall be of materials that allow manual operation by one person. 4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when - defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being ' opened by means of forcible entry tools or when a key box containing the key(s) to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official. D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING —FIRE LANE signs complying with Figure D103.6.. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red let- ters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required by Sec- tion D 103.6.1 or D 103.6.2. SIGN TYPE "A" SIGN TYPE "C" SIGN TYPE "D" NO NO NO PARKING PARKING PARKING 18" FIRE LANE FIRE LANE FIRE LANE �-12" —� �-12" — 12" — FIGURE D103.6 FIRE LANE SIGNS D103.6.1 Roads 20 to 26 feet in width. Fire apparatus access roads 20 to 26 feet wide (6096 to 7925 mm) shall be posted on both sides as a fire lane. D103.6.2 Roads more than 26 feet in width. Fire appara- tus access roads more than 26 feet wide (7925 mm) to 32 feet wide (9754 mm) shall be posted on one side of the road as a fire lane. SECTION D104 COMMERCIAL AND INDUSTRIAL DEVELOPMENTS D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. 398 D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two sepa- rate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. SECTION D105 AERIAL FIRE APPARATUS ACCESS ROADS D105.1 Where required. Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the low- est level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accom- modating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire appa- ratus access roadway. D105.2 Width. Fire apparatus access roads shall have a mini- mum unobstructed width of 26 feet (7925 mm) in the immedi- ate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building. SECTION D106 MULTIPLE - FAMILY RESIDENTIAL DEVELOPMENTS D106.1 Projects having more than 100 dwelling units. Mul- tiple- family residential projects having more than 100 dwell- ing units shall be equipped throughout with two separate and approved fire apparatus access roads. Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all buildings, including nonresidential occupancies, are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2. D106.2 Projects having more than 200 dwelling units. Mul- tiple- family residential projects having more than 200 dwell- ing units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system. -1379- 2006 INTERNATIONAL FIRE CODE® SECTION ONE- OR TWO - FAMILY RESIDENTIAL DEVELOPMENTS D107.1 One- or two - family dwelling residential develop- ments. Developments of one- or two - family dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved fire apparatus .access roads and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a sin- gle public or private fire apparatus access road and all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.3, access from two directions shall not be required. 2. The number of dwelling units on a single fire appara- tus access road shall not be increased unless fire appa- ratus access roads will connect with future development, as determined by the fire code official. 2006 INTERNATIONAL FIRE CODE® -1380- APPENDIX D 399 MOUND CITY COUNCIL AND PLANNING COMMISSION JOINT WORKSHOP MAY 19, 2009 The City Council of the City of Mound, Minnesota, met in special session with the Planning Commission on Tuesday, May 19, 2009, at 7:00 p.m. CALL TO ORDER Chair Michael called the annual joint Planning Commission workshop meeting with the City Council to order at 7:03 PM. ROLL CALL Those present: Chair Michael; Commissioners: Ory Burma Suzanne Claywell, Becky Glister, Michael Paulsen, Jackie Peters, Eva Stevens, Stephen Ward and Greg Skinner (Council Liaison to Planning Commission); Absent and excused: Becky Glister. Staff present: City Manager Kandis Hanson, Community Development Director Sarah Smith, Building Official Scott Qualle. The following City Council members were present: Mayor Mark Hanus; Council Members Dave Osmek, Heidi Gesch, Ray Salazar and Greg Skinner. 1. Smith reviewed the PC cases from 2008, the 2008 building permit summary and projects list. Updates regarding the ordinance amendment(s), comprehensive plan and stormwater plan projects were also provided. 2. The Planning Commission and City Council reviewed the proposed projects discussion list for 2009 and, by consensus, agreed to continue work on the proposed rental licensing ordinance project and review of the City's nuisance and exterior storage regulations. Staff also suggested the review of the signage and home occupation regulations. 3. Discussion by members of the Planning Commission and City Council also took place regarding the City's regulations for variances and the definition of practical difficulty and hardship including interpretation and application of these conditions. The preparation of more detailed meeting minutes was suggested. ADJOURNMENT The special annual joint Planning Commission and City Council workshop meeting was adjourned at 8:35 PM. Attest, Planning Secretary -1381- Mayor Mark Hanus MOUND CITY COUNCIL MINUTES • MAY 26, 2009 The Mound City Council met in regular session on Tuesday, May 26, 2009 at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Heidi Gesch Members absent: Greg Skinner Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Parks Superintendent Jim Fackler, Chris Valerus, John & Michelle Olson, Steve Miller, Kevin Nobrega, Lee Anne Pederson, Rita Pederson, Vicki & Robert Tang, Tony Wickland, Joe Norack, Vince Forstyk Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Acting Mayor Osmek called the meeting to order at 7:30 p.m. • 2. Pledge of Allegiance 3. Approve agenda Hanus requested the addition of 6A, Water Bank Commons, and Osmek requested the addition of 613, Wolner Field Flagpole. MOTION by Osmek, seconded by Gesch to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Osmek requested the removal of item 4A from the consent agenda. MOTION by Osmek, seconded by Gesch to approve the consent agenda as amended. All voted in favor. Motion carried. A. (removed) B. RESOLUTION NO. 09 -42: RESOLUTION TO APPROVE A BOUNDARY ADJUSTMENT FOR THE PROPERTIES AT 5525 SHERWOOD DRIVE AND 5513 SHERWOOD DRIVE AND VARIANCES FOR THE PROPERTY AT 5513 SHERWOOD DRIVE. PID #13- 117 -24 -23 -0038 AND 13- 117 -24 -23 -0039. C. Report on Public Works Department Vehicle Take -Home Usage D. Approve permits for Spirit of the Lakes Festival, waiving fees: 1. Public Gathering permit 2. Public Dance /Live Music permit . 3. Seasonal banner & portable sign permit 4. Parade permit -1382- Mound City Council Minutes — May 26, 2009 5. Temporary consumption & display permit 6. Temporary on -sale liquor license E. RESOLUTION NO. 09-43: RESOLUTION AUTHORIZING EXECUTION OF SAFE AND SOBER AGREEMENT 4A. Approval of claims Osmek requested removal of this item from the consent agenda because he has a request for reimbursement from the trip to Washington in this batch of claims. Hanus also has a claim included. MOTION by Gesch, seconded by Salazar to approve payment if the claims in the amount of $396,443.23. The following voted in favor: Gesch and Salazar. The following voted against: None. Osmek and Hanus abstained from voting. Motion carried. 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Parks Superintendent Jim Fackler on Dakota Regional Trail snowmobile crossing Fackler presented proposed options for snowmobile crossings at Cottonwood Lane, Southview Lane, and Sugar Mill Lane, plus one on the southeast side of Lake Langdon, across from Mound Bay Park. Discussion took place regarding the feasibility of these crossings. Osmek requested that Fackler research to determine if there is a portion of land in the Rottlund Development that the city retained that could be used for public access, if not they would have to go down the trail to the Southview Crossing. He also suggested contacting the owner of 6045 Southview for an easement to cross there. Fackler stated the request from the snowmobile club is for three crossings, and the Parks and Open Space commission recommended allowing snowmobiles to ride on the north side of the current trail and have one crossing between 6021 Chestnut and Cottonwood Lane. Osmek suggested that Fackler go to Hennepin County Regional Rail and Three Rivers with the proposal of the three proposed crossing, along with options suggested earlier as a starting point. Fackler also mentioned that a fourth crossing was proposed to get access from Lake Langdon to Lake Minnetonka, being to Beachwood across from the Depot. Fackler will proceed with making requests to Hennepin County Regional Rail and Three Rivers District as outlined above, and report to the Council on the progress. 6A. Water Bank Commons Rita Pederson, 1847 Shorewood, stated that she was before the council fifteen years ago and stated that Waterside Lane is mislabeled. It should be Water Bank Commons, not Waterside Lane, and wants the typo error to be corrected. She presented some -1383- Mound City Council Minutes — May 26, 2009 plats and surveys that show the name Water Bank Commons on them. She wants Waterside Lane indications on city maps to be changed to Water Bank Commons. She said the road, Waterside Lane, is sitting on Water Bank Commons. With the road project this year, she is requesting that Waterside Lane be taken out, not be improved and taken off of the Water Bank Commons. Hanus asked if the primary issue is they don't want the road there anymore, and Pederson stated that this road was never platted and somehow the cement and tar got placed there. John Dean informed her that Waterside Lane is considered a statutory road because it has been used as such for at least seven years. Pederson confirmed that the only property that uses Waterside Lane as an access. Michelle Olson, 2060 Waterside, stated that they are willing to access their property from Spruce if Waterside Lane is taken out. Kandis Hanson confirmed with them that if Waterside Lane were taken out, they would want to put in a new driveway and access from Spruce. Osmek stated that the City would require Olson's to sign a firm legal document that says if they do change their access to Spruce, the resident is responsible for all costs incurred and hold the city completely harmless of any liability. Hanus stated that the point tonight is not to approve anything, but get it in front of the Council to determine if they want staff to review this request. • Pederson went on to express that the abutting residents want the typo error fixed, being Waterside Lane should say Water Bank Commons. She stated that the current Hennepin County maps and the city maps and dock maps are all wrong and they all say Waterside Lane. Hanus stated that the street is identified as Waterside Lane, and the commons is Water Bank Commons. MOTION by Osmek, seconded by Salazar to have staff review this issue (including Public Works and Public Safety) and report back to the Council. All voted in favor. Motion carried. The cost of this research came up and Kandis Hanson stated that in other situations similar to this, the city bears costs up to $500 and after that property owners are charged. 6B. Wolner Field flagpole Osmek presented a request from the Upper Tonka Little League, along with a cost estimate, to erect a flagpole at Wolner Field. The old flagpole was attached to the old scoreboard that was replaced. Discusssion followed on the requirements to have the flag lit if it stays up all of the time and this will be researched. This request is being expedited without going through the Parks and Open Space Commission because the baseball season has already started and they do play the National Anthems before games, and need a flag. -1384- Mound City Council Minutes — May 26, 2009 MOTION by Osmek, seconded by Salazar that Wolner Field, a City owned property, is a recreational resource of the City and the installation of a flagpole using park dedication funds would serve an important recreational, civic and community benefit and would be an appropriate use of such funds for the installation of a flagpole and lighting, not to exceed $2,000, with installation work to be done by the Upper Tonka Little League. All voted in favor. Motion carried. 7. Approve minutes MOTION by Osmek, seconded by Gesch to approve the minutes of the May 12, 2009 regular meeting. The following voted in favor: Osmek, Salazar and Gesch. The following voted against: None. Hanus abstained from voting because he was absent from that meeting. Motion carried. 8. Miscellaneous /Correspondence A. Comments /reports from Council Members — Osmek expressed gratitude for years of service to Office Todd Truax, retiree from the Mound Police Department. Hanus echoed this sentiment. B Reports: Finance: Revenues & Expenses — Apr 2009 Investments — Mar 2009 C. Minutes: Planning Commission — May 5, 2009 Parks & Open Space Comm — Apr 9 2009 Docks & Commons Comm — Apr 16, 2009 D. Correspondence: Email: 5 -year TI Rule Extension Email: Federal Funding for trailhead project Email: Federal appropriation for transit related development Letter: Hennepin County on 2009 Open Book Mtg Letters: Moorhead Fire Dept Letter: Todd Truax retirement notification Letter: Mediacom on programming 9. Adjourn MOTION by Osmek, seconded by Salazar to adjourn at 9:00 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -1385- I • CITY OF MOUND - Bolton & Menk, Inc., ENGINEERING PROJECT STATUS June 4, 2009 I. 2007 Projects to be completed in 2009 A. 2007 Lift Station Improvements, Sinclair Road (LS B -3) and Baywood Shores (LS C -3): the contractor, Widmer Construction, has completed work at the Baywood Shores LS and at the Sinclair LS. The permanent street patching at both locations has recently been completed along with some re- seeding. Final payment will now be processed. B. City of Mound Wellhead Protection Plan: this program is required by the MN Department of Health (MDH) of all cities with municipal wells and includes two phases. Emmons & Oliver Resources completed Phase I of the plan in April of 2008 and it was approved by the MDH on May 29, 2008. BMI has completed the Phase II portion of the plan and the required Public Hearing was held on May 12, 2009. The Final Plan has now been submitted to the MDH for their final 90 -day review. C. Surface Water Management: this is an ongoing effort which includes updating • the City's Surface Water Management Plan (SWMP), the annual review and update of the City's Stormwater Pollution Prevention Plan (SWPPP) and assisting city staff in compliance with National Pollution Discharge Elimination System (NPDES) Phase II Permit. Staff has met several times with MCWD staff to fmalize the SWMP update which now needs to be approved by the MCWD Board. II. 2008 Projects to be completed in 2009 A. 2008 Street Improvement Project: S.M. Hentges has completed all phases of the project and will soon be completing the punch list items of needed repair /replacement. The final wear course, on those streets where underground utility work was done last year, will be completed near the end of June. The required public Assessment Hearing will be scheduled for late July or early August. B. 2008 Lift Station Improvements: this project includes replacement of the Mound Bay Park lift station (LS E -1) and the Lakewood lift station (LS E -4). The contractor, Geislinger & Sons, has a few punch list items to complete and then final payment will be processed. -1386- C. Auditors Road Street Extension to CSAH 15 (Shoreline Drive): the contractor, Ramsey Excavating, has a few punch list items to complete and then final payment will be processed. D. 2008 Storm Drainage Improvements: the contractor, Widmer Construction, has recently completed the project. A punch list will be prepared and after all items have been completed in an acceptable manner, final payment will be processed. III. 2009 Projects: A. 2009 Street, Utility and Lift Station Improvement Project: a contract in the amount of $4,384,788.34 was awarded to GMH Asphalt Corporation on April 28, 2009. The award included the bid alternate for concrete replacement on Island View Drive. The preconstruction meeting was held on May 20, 2009 and clearing /mobilizing began that week. In addition, as in the past two projects, CenterPoint Energy is replacing their exiting gas mains and service connections throughout both the Tonkawood area and Island View Drive, prior to GMH's street and utility work. The contractor is limited as to the amount of area that can be disturbed at one time, before it is substantially completed. Phase one work began the last week of May and included Church Road and all connecting streets to the south of Church Road. B. 2009 Drainage Improvement Project: an Engineer's Report has been prepared for City Council approval at the June 9, 2009 meeting. The recommended improvements include two sites, both on existing City-owned property. The first site is east of Commerce Boulevard, south of Sherwood Drive and north of Indian Knoll Manor. This is an existing low area and drainage way into Lake Minnetonka. A storm water treatment pond is proposed in this area. The second site is between Overland Lane and Centerview Lane in the Tonkawood area. A rain garden is proposed in this area. C. City Street Light Replacement: a proposal for federal Economic Stimulus Package funding was submitted in March for replacement of the City's street lights on County Roads 110 and 15. While final approval has not been received, this project appears to have a very good chance of funding approval. This decision should be forthcoming sometime in June. -1387- I Mound Fire Department Fire Commission Meeting Wednesday May 20, 2009 11:00 a.m. -1:00 p.m. AGENDA 1. Hot Topics • Highlights of work and Progress on Strategic Plan • ISO PPC Audit completion • Minnetrista Tanker Pumper project • Firefighter Staffing levels • Fish Fry 2009 2. Budget and Finance • 2009 Budget overview • 2010 Budget Timeline (and our next fire commission next meeting) • 2010 Budget Considerations ( MFD Pension Fund, Fire Contract Formula, other) • 2010 Target and Parameters •. Grants — Applied for and Grants received 3. Apparatus Replacement Plan • Goals for Future — newer trucks, reduced maintenance on a smaller scale • Review of highlights — disposition / replacement • Capital Purchases 2009, Bonds or Equipment certificate sale 4. Staffing Update and Plan • Staffing success vs. ISO considerations • Review of staffing comments w/Kandis (i.e. costs of staff, training, etc.) • Being proactive to maintain staff • Interviews in June /July 2009 for hiring 5. Other • Fire Alarms — False Alarms • The concept of charging for services 6. Adjourn U .. Harbor Wine 8 Spirits May 2009 Date Weather Cust 09 Cust 08 Variance Sales 09 Sales 08 Difference +/- Cash +/- 5/1/2009 SUN 60S 547 293 254 13853.98 5536.78 8317.2 -12.89 5/2/2009 SUN 60S 538 422 116 15467.57 9371.29 6096.28 0.61 5/3/2009 554 -554 12750.84 - 12750.84 5/4/2009 sun hi 60s 293 293 5388.89 5388.89 0 5/5/2009 rain /sun 62 287 292 -5 5440.94 4790.1 650.84 -26.41 5/6/2009 sun /Itrain 65 272 268 4 5357.99 4954.13 403.86 0 5/7/2009 SUN 65 347 285 62 6871.89 5314.55 1557.34 5/8/2009 sun /It rain62 503 289 214 11833.38 6101.47 5731.91 1.92 5/9/2009 cool sun 58 615 531 84 14620.13 12346.75 2273.38 15.31 5/10/2009 540 -540 13651.73 - 13651.73 5/11/2009 ptsun 62 271 271 5087.23 5087.23 0 5/12/2009 blustery 62 235 239 -4 4863.07 4576.27 286.8 -0.03 5/13/2009 blustery 60 255 229 26 4666.11 3936.82 729.29 -0.08 5/14/2009 SUN 60S 319 279 40 6353.79 5063.8 1289.99 -0.63 5/15/2009 PTsun 60S 516 326 190 11578.56 6470.36 5108.2 -4.64 5/16/2009 cldasaWT45 595 561 34 14434.95 13607.83 827.12 0.48 5/17/2009 589 -589 14399.14 - 14399.14 5/18/2009 SUN 80 301 301 5140.03 5140.03 5/19/2009 SUN 90 342 245 97 6361.04 4320.3 2040.74 -0.19 5/20/2009 dustwnd 92 333 264 69 6654.7 5108.15 1546.55 5/21/2009 sun 70 341 296 45 7486.84 6216.03 1270.81 5.19 5/22/2009 sun 80 beauti 717 355 362 19134.59 7546.11 11588.48 3.35 5/23/2009 sun 80 beauti 808 630 178 23777.31 16389.34 7387.97 2.15 5/24/2009 732 -732 20828.47 - 20828.47 5/25/2009 memday75 293 293 5809.36 5809.36 0 5/26/2009 dreary/warm 266 253 13 4647.26 5501.53 - 854.27 -10.97 5/27/2009 ptsun 55 262 276 -14 5025.38 5857.8 - 832.42 4.07 5/28/2009 sun mid60s 348 283 65 7550.39 6373.88 1176.51 0 5/29/2009 sun mid70s 622 259 363 14389.65 5287.8 9101.85 0.25 5/30/2009 sun to 80s 760 533 227 17581.82 12245.86 5335.96 -39.53 5/31/2009 704 -704 17157.11 - 17157.11 Totals 10986 10527 V'459 249376.85 235704.24 1 / 13672.61 ✓ -62.04 -1389- MINUTES MOUND ADVISORY PLANNING COMMISSION MAY 19, 2009 CALL TO ORDER Chair Michael called the annual joint Planning Commission workshop meeting with the City Council to order at 7:03 PM. ROLL CALL Those present: Chair Michael; Commissioners: Ory Burma Suzanne Claywell, Michael Paulsen, Jackie Peters, Eva Stevens, Stephen Ward and Greg Skinner (Council Liaison to Planning Commission); Absent and excused: Becky Glister. Staff present: City Manager Kandis Hanson, Community Development Director Sarah Smith, Building Official Scott Qualle. The following City Council members were present: Mayor Mark Hanus; Council Members Dave Osmek, Heidi Gesch, Ray Salazar and Greg Skinner. 1. Smith reviewed the PC cases from 2008, the 2008 building permit summary and • projects list. Updates regarding the ordinance amendment(s), comprehensive plan and stormwater plan projects were also provided. 2. The Planning Commission and City Council reviewed the proposed projects discussion list for 2009 and, by consensus, agreed to continue work on the proposed rental licensing ordinance project and review of the City's nuisance and exterior storage regulations. Staff also suggested the review of the signage and home occupation regulations. 3. Discussion by members of the Planning Commission and City Council also took place regarding the City's regulations for variances and the definition of practical difficulty and hardship including interpretation and application of these conditions. The preparation of more detailed meeting minutes was suggested. ADJOURNMENT The special annual joint Planning Commission and City Council workshop meeting was adjourned at 8:35 PM. • Attest, Planning Secretary I MR611Z Chair Geoff Michael MINUTES MOUND ADVISORY PLANNING COMMISSION MAY 19, 2009 CALL TO ORDER Vice Chairman Burma welcomed the public and called the meeting to order at 6:01 p.m. ROLL CALL Those present: Vice Chair Ory Burma; Commissioners: Suzanne Claywell, Michael Paulsen, Jackie Peters, Eva Stevens, Stephen Ward and Greg Skinner. Absent: Becky Glister and Geoff Michael; Staff present: Community Development Director Sarah Smith and Recording Secretary Jill Norlander. The following individuals were present: Marshall and Theresa Weber (5513 Sherwood Dr); Robert and Vicki Tang (5525 Sherwood Dr); Ryan Simafranca (Wayzata); Jeff Ronbeck (Minneapolis) APPROVE AGENDA WITH ANY AMENDMENTS MOTION by Ward, seconded by Claywell, to approve the agenda as proposed. MOTION carried unanimously. BOARD OF APPEALS CASE #09 -02 AND #09 -04 BOUNDARY ADJUSTMENT AND VARIANCES — LINE ADJUSTMENT /LAND SWAP 5525 AND 5513 SHERWOOD LANE APPLICANTS: ROBERT AND VICKI TANG / MARSHALL AND THERESA WEBER CDD Smith introduced the requested boundary adjustment and variances. Applicants are requesting approval of a minor boundary adjustment to adjust a lot line between their properties to resolve a building encroachment issue for the existing Weber house. Additionally, a side setback variance and a lot width variance need to be considered as well. Staff recommends approval of both the boundary adjustment and associated variances. MOTION by Stevens, seconded by Peters, to recommend Council approve the boundary adjustment and variances as requested. MOTION carried unanimously. ADJOURNMENT MOTION by Claywell, seconded by Ward, to adjourn. Carried by affirmation at 6:21 p.m. Attest, Planning Secretary Vice Chair Ory Burma -1391- • DOCKS AND COMMISONS COMMISSION MEETING MINUTES Thursday, May 21, 2009 Present: Vice Chair Rodney Beystrom, Commissioners Mark Drahos, Susan Gardner, Cliff Schmidt, Council Member Osmek Absent: Chair Jim Funk Other Present: Park Superintendent Jim Fackler, Dock Administrator Katie Hoff, Administrative Assistant Vicki Weber 1. Approval of Agenda: MOTION by Osmek to approve agenda as written. SECOND by Schmidt. Motion carries unanimously. 2. Approval of April 16, 2009 Meeting Minutes: MOTION by k t ve mi tes OND by Schmidt. MOTION ca ed ous . • 3. Comments a ion o ci i resent: None Present 4. Discuss: Public Lands Permit — 4743 Island View Drive Fackler gave an overview of the Public Lands Application submitted for stairs, landscaping and retaining wall on public lands. Discussion followed on wall height and elevation. Dan Dyer, 4743 Island View Drive addressed the commission stating the previous owner cut into the hill and the hill is an erosion risk. He wants to protect that area with a 39" high retaining wall. MOTION by Osmek to recommend City Council approval of the Public Lands Application for 4743 Island View Drive. SECOND by Schmidt. MOTION carries unanimously. 5. Discuss: Dock Permit Request — 4539 Island View Drive Fackler stated staff received a request from an applicant who is a resident • of Maple Plain to put a dock on a vacant lot he owns at 4539 Island View -1392- Drive. The lot abuts Devon Commons. City Ordinance states applicants much be a resident of the City of Mound to apply for a dock. Staff recommends denial based on ordinance. Discussion followed on whether there is a building permit in place for the lot. MOTION by Osmek to uphold staffs recommendation for denial of dock application. SECOND by Gardner. MOTION carries unanimously. Osmek left Commission meeting at 7:22 p.m. 6. Discuss: 2010 Budget Fackler summarized budget sheets included in packet. Discussion followed. 7. Review: Calendar Fackler reviewed calendar included in packet. No changes were made. 8. Reports: Council Re ativ ent Park Superi ende re th ion slips on the Centerview m ex i o p et he Villa cks are fully rented. Ron Stanch ie was hired as a City's easonal Dock Inspector. Commissioner Comments: None MOTION by Schmidt to adjourn. SECOND by Gardner. Meeting adjourned at 8:24 p.m. 2 -1393-