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2008-11-10
PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. t a reasonable AGENDA *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Page Call meeting to order 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. *Consent A e nda *A. Approve minutes: October 28, 2008 regular meeting *B. Approve payment of claims *C. Approve Pay Request No. 5 from S.M. Hentges & Sons in the amount of $ 300,906.38 for the 2008 Street Improvement Project, City Project No. PW -08 -01 *D. Approve Pay Request No. 6 and Final from Kusske Construction in the amount of $15,968.51 for the 2007 Storm Drainage Improvement Project, City Project No. PW -07 -04 *E. Approve Pay Request No. 2 from Geislinger and Sons, Inc. in the amount of $70,375.87 for the 2008 Lift Station Improvement Project, City Project No. PW -08 -04 *F. Approve resolution Receiving Report and calling public hearing on 2009 Island View Drive/Dorchester Road Street Improvement, Utilities, and Retaining Wall Improvement Project *G. Approve temporary sign permit for 2008 Mound Annual Tree Lighting Ceremony *H. Approve HKGi contract for services associated with federal lobbying proposal *I. Approve resolution approving After - the -Fact Public Lands Permit for landscaping on public property at 1558 Dove Lane PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. *J. Approve Labor Agreement between the City of Mound and Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 (Public Works Union) 5. Public Hearing Action on resolution ordering improvement and preparation of plans for 2009 Street Improvement, Utilities and Retaining Wall Improvement Project 6. Chuck Alcon, representing Mound Harbor Renaissance Development, with action on the Memo of Understanding as it relates to publicly issuing slips at the Villas on Lost Lake 7. Action on resolution to canvass returns and declare the results of the municipal general election of November 4, 2008 8. Discussion on proposed ordinance changes to ordinance pertaining to docks and slips 9. Action on resolution approving cooperative agreement and maintenance agreement with Minnehaha Watershed District for Lake Minnetonka Shoreline Stabilization Project in the City of Mound 10. Consideration/action on uncompleted building project at 4945 Glen Elyn Road 11. Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minute per speaker) 12. 2009 Budget - Topics for Discussion with any Corresponding Action A. Personnel Initiatives with Corresponding Action 1. Early Retirement Incentive Plan — Phase II (requires action) 2. Voluntary Leave of Absence Plan (requires action) 3. Vacation Purchase Plan (requires action) B. Revenue Related 1. 2009 Budget Considerations 2. Street Light Replacement Program (requires action) C. Items that need to be added 1. Goal Setting Retreat 2. Lobbyist and Costs Related to Securing Funds 3. Move LMCD Weed Control from General Fund to Dock Fund (requires action) D. Programs/Line -Items to Reduce /Eliminate (each require action) 1. Volunteer Recognition Event 2. Employee Appreciation Picnic 3. Gillespie Endowment 4. Tennis Court PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. E. Discussion of Cost Reduction Initiatives 1. Contract Mowing 2. Personnel Initiatives 3. Shared service opportunities with other cities 13. Miscellaneous /Correspondence A. Comments /reports from Council Members B. Reports: Engineering Project Status Report Harbor Wine & Spirits — Oct 2008 County Auditor's Report — Oct 2008 C. Minutes: POSDC — Oct 3, 2008 Planning Commission — Oct 13, 2008 D. Correspondence: Notice from Xcel Energy on rates Notice from Metropolitan Council on 2008 Housing Performance Score Gillespie Center newsletter 14. 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. cio�ofmound. com. COUNCIL BRIEFING November 10, 2008 Upcoming Events Schedule: Don't Forget.. Nov 8 —1:00 p.m. — Veteran's Memorial Plaza Dedication Nov 10 — 7:25 p.m. — rescheduled HRA meeting Nov 10 — 7:30 p.m. — rescheduled CC meeting Nov 17 — 7:00 p.m. — rescheduled Planning Commission meeting Nov 18 —1:30 -4:00 — Flu Shot Clinic Nov 20 — 6:00 - Tree Lighting Ceremony — Lost Lake Greenway Nov 25 — 6:30 p.m. — regular HRA meeting Nov 25 — 7:30 p.m. — regular CC meeting Dec 1 — 7:00 — Truth in Taxation Hearing Dec 8 — 7:00 — Truth in Taxation Hearing continuation, if needed Dec 9 — 7:30 - CC regular meeting — budget and levy approval Citv Hall Closines Nov 11 Veteran's Day Nov 27 -28 Thanksgiving Dec 24 pm Christmas Eve Dec 25 Christmas Day • Other In spite of three paid advertisements, no persons applied for the Parks, Open Space and Docks Commission. Please inquire with your friends, neighbors and acquaintances if they would be interested. They may receive an application from Vicki at 492 - 472 -0615. • • MOUND CITY COUNCIL MINUTES OCTOBER 28, 2008 The City Council of the City of Mound, Minnesota, met in regular session on Tuesday, October 28, 2008, at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Mike Specht, John Beise and Greg Skinner Others present: City Attorney Melissa Manderschied, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Planner Rita Trapp, Gerry Dodds, Betsy Brady, Allie Brady, Chris Brady, Jazz Paley, John McKinley, Cheryl Martin, Eric Martin, Shirley Anderson, Patti Dodds, Bruce Dodds, Janie Skinner, Kevin Duffy, Ray Salazar, Amanda Schwarze 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 will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance • 3. Approve agenda Hanus requested the addition of Item 4H, Temporary On -sale Liquor License Application from Northwest Tonka Lions. MOTION by Osmek, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Hanus requested the removal of Item 4E for discussion. Skinner requested the removal of Item 4B, 4D, and 4H for discussion. MOTION by Specht, seconded by Osmek to approve Items 4A, 4C, 4F, and 4G of the consent agenda. All voted in favor. Motion carried. A. Approve minutes of the October 14, 2008 regular meeting B. (removed) C. RESOLUTION NO. 08 -103: RESOLUTION APPROVING VARIANCE FOR THE PROPERTY LOCATED AT 1558 DOVE LANE. P&Z CASE #08 -14. PID #12- 117 -24-43 -0004 D. (removed) E. (removed) F. RESOLUTION NO. 08 -104: RESOLUTION APPROVING SECOND AMENDMENT TO COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR TRUE VALUE TRANSIT DISTRICT PARK AND RIDE • AND PEDESTRIAN IMPROVEMENT PROJECT -2330- Mound City Council Minutes — October 28, 2008 • G. RESOLUTION NO. 08 -105: RESOLUTION ACCEPTING DONATION FROM AMERICAN LEGION FOR VETERANS MEMORIAL H. (removed) 4B. Approve payment of claims Skinner stated that there is an error in the three reimbursements (totaling $50) to him listed on the bills and requested that these be removed from the list of claims. MOTION by Osmek, seconded by Specht to approve payment of claims in the amount of $1,517.195.77 (as presented with the exception of the reimbursements to Skinner totaling $50). Upon roll call vote, all voted in favor. Motion carried. 4D. Skinner stated he requested that this be removed from the consent agenda because he doesn't think, with the city's budget situation, that the fees should be waived. MOTION by Beise, seconded by Osmek to approve the temporary sign permit for Our Lady of the Lake for their 2008 Holiday Boutique and to waive the $25 fee. The following voted in favor: Osmek, Specht, Hanus and Beise. The following voted against: Skinner. Motion carried. 4E. Agreement with Minnehaha Creek Watershed District for Shoreline • Stabilization Project Hanus stated there needs to be clarification reqarding the length of this agreement and by what standards the shoreline has to be maintained. He also noted that Exhibit B was missing from the agenda packet. MOTION by Osmek, seconded by Specht to table this item for further review and clarification. All voted in favor. Motion carried. 4H. Temporary on -sale liquor license application by Northwest Tonka Lions for Gillespie Center fund raiser Skinner stated, due to the city's budget situation, that the fees for this license should not be waived. MOTION by Osmek, seconded by Specht to approve the temporary on -sale liquor license application by the Northwest Tonka Lions for a fundraiser at the Gillespie Center on November 14, 2008, and to waive the $25 fee. The following voted in favor: Osmek, Specht, Hanus and Beise. The following voted against: Skinner. Motion carried. 5. Comments and suggestions from citizens on any item not on the agenda. Betsy Brady, 2180 Centerview Lane, invited the public to the annual tree lighting ceremony on November 20, 2008, in the Auditors Road District. 6. Recognition of House of Mov restaurant for 36 years of dedicated service MOTION by Beise, seconded by Specht to adopt the following resolution. All voted in • favor. Motion carried. -2331- • Mound City Council Minutes — October 28, 2008 RESOLUTION NO. 08 -107: RESOLUTION RECOGNIZING THE HOUSE OF MOY RESTAURANT FOR DEDICATED SERVICE IN THE CITY OF MOUND, MN Mayor Hanus read the resolution and presented a framed version to Mrs. Moy. 7. Action on resolution acceptina donations and dedicating Veterans Memorial Plaza MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08 -106: RESOLUTION ACCEPTING THE GENEROUS DONATIONS OF ITS CONTRIBUTORS AND DEDICATING VETERANS MEMORIAL PLAZA Kandis Hanson noted that the dedication ceremony for the memorial will be November 8, 2008. 8. Consideration on resolution -granting preliminary approval and authorizing formal submission of 2008 Comprehensive Plan Rita Trapp reviewed the procedure for preparation and submittal of the Comprehensive Plan, stating that a final draft has been prepared which incorporates changes resulting from the comments received from adjacent jurisdictions and affected agencies during the • required six -month review process that ended on July 1, 2008. A public hearing was also held at the Planning Commission level that provided community members with an opportunity to comment. The Planning Commission has recommended granting preliminary approval and formal submission to the Metropolitan Council. • Staff has resolved all comments of the Minnehaha Creek Watershed District (MCWD) except the 100 -year high water level for Lake Minnetonka. As set by FEMA and City Code, the high water level is set at 931.0, however the MCWD would like it set at 931.5. Staff believes that the 931.0 was set by the previous SWMP and that no studies have been completed since that time to indicate a higher level is needed. Staff is requesting the adoption of the presented resolution, along with direction on the high water level. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08 -108: RESOLUTON GRANTING PRELIMINARY APPROVAL AND AUTHORIZING THE FORMAL SUBMISSION OF THE 2008 MOUND COMPREHENSIVE PLAN TO THE METROPOLITAN COUNCIL AS REQUIRED BY MINNESOTA STATE LAW (METROPOLITAN LAND PLANNING ACT) MOTION by Osmek, seconded by Specht to direct staff to maintain the high water level for Lake Minnetonka at 931. All voted in favor. Motion carried. -2332- Mound City Council Minutes — October 28, 2008 • 9. Consideration /action on bench placement at Transit District Hanson stated that there are plans to move the well house from Auditors Road to the Transit District. The specs are being drawn up, and plans are to have it moved yet this Fall. A partnership is being worked out with Three Rivers Park District to have them do the build -out of the interior to consist of restrooms and vending machines. It's being proposed at that time to turn the one bench around to face the brook. The Council's consensus was to follow the plan as presented. 10. Miscellansous/ A. Comments /reports from Councilmembers: Specht recapped that October 24"' was Shirley Hills Day and that he attended with his son. Skinner stated that he took offense to Hanus' article in the paper that stated that Skinner had his hands in the taxpayers' pockets and was spending their money. Hanus stated that this is the people's meeting and he tries not to politic and doesn't want anyone else to either, and that this discussion is inappropriate for this setting. B. Reports: Memo on Mound Bay boat ramp C. Minutes: None D. Correspondence: Letter from School District on homeless children Letter from Mediacom on rates: Specht noted that the rates will be going up about $4 /month. 11. Adjourn • MOTION by Osmek, seconded by Hanus to adjourn at 8:08 p.m. The following voted in favor: Osmek, Specht and Hanus. The following voted against: Beise and Skinner. Motion carried. Attest: Bonnie Ritter, City Clerk -2333- Mayor Mark Hanus • • 0 NOVEMBER 10, 2008 CITY COUNCIL MEETING TOTAL $421,410.12 -2334- 102908SUE $100,554.41 OCT 103008SUE $831.88 OCT 110508SUE $5,391.73 NOV 111108SUE $314,632.10 NOV TOTAL $421,410.12 -2334- City of Mound 10/29/08 2:37 PM Page 1 I, Payments . CITY OF MOUND Current Period: October 2008 Batch Name 102908SUE User Dollar Amt $100,554.41 Payments Computer Dollar Amt $100,554.41 $0.00 In Balance Refer 102908 HART, PATRICK _ Cash Payment G 101 -22803 Police Reserves REIMBURSE TAILOR UNIFORMS $80.00 Invoice 102908 10/29/2008 Transaction Date 10/28/2008 Wells Fargo 10100 Total $80.00 Refer 102908 HENNEPIN COUNTY TREASURER _ Cash Payment E 101 - 42110 -400 Repairs & Maintenance PICTOMETRY 2008 IMAGERY PACKAGE $285.00 Invoice 827200885 10/29/2008 PO 21093 Cash Payment E 222 -42260 -205 Computer Software PICTOMETRY 2008 IMAGERY PACKAGE $285.00 Invoice 827200885 10/29/2008 PO 21093 Cash Payment E 101 - 43100 -400 Repairs & Maintenance PICTOMETRY 2008 IMAGERY PACKAGE $95.00 Invoice 827200885 10/29/2008 PO 21093 Cash Payment E 601 - 49400 -400 Repairs & Maintenance PICTOMETRY 2008 IMAGERY PACKAGE $95.00 Invoice 827200885 10/29/2008 PO 21093 Cash Payment E 602 - 49450 -400 Repairs & Maintenance PICTOMETRY 2008 IMAGERY PACKAGE $95.00 Invoice 827200885 10/29/2008 PO 21093 Cash Payment E 101 - 42400 -400 Repairs & Maintenance PICTOMETRY 2008 IMAGERY PACKAGE $285.00 • Invoice 827200885 10/29/2008 PO 21093 Transaction Date 10/24/2008 Wells Fargo 10100 Total $1,140.00 Refer 102908 KNIGHT, HEIDI _ Cash Payment R 101 -45000 -34110 Depot Rental 11 -28 -08 DEPOT RENTAL REFUND $100.00 Invoice 1102908 10129/2008 Transaction Date 10123/2008 Wells Fargo 10100 Total $100.00 Refer 102908 MOUND FIRE RELIEF ASSOCIATIO _ Cash Payment E 222 -42260 -124 Fire Pens Contrib 2008 STATE FIRE AID $86,739.00 Invoice 102908 10/29/2008 Transaction Date 10123/2008 Wells Fargo 10100 Total $86,739.00 Refer 102908 PROFESSIONAL LAW ENFORCEM _ Cash Payment E 101 - 42110 -434 Conference & Training 11 -05 -08 FALL TRANING, HAWKS $25.00 Invoice 102908 10/29/2008 PO 21212 Cash Payment E 101 - 42110 -434 Conference & Training 11 -05 -08 FALL TRANING, QUAAS $25.00 Invoice 102908 10/29/2008 PO 2121 Transaction Date 10/28/2008 Wells Fargo 10100 Total $50.00 Refer 102908 RAHN, JODI L. _ Cash Payment E 101 -41310 -305 Medical Services 2008 EYE GLASS REIMBURSEMENT $42.84 Invoice 102908 10/29/2008 Transaction Date 10/23/2008 Wells Fargo 10100 Total $42.84 Refer 102908 TRUE VALUE, MOUND _ Cash Payment E 101 -42110 -210 Operating Supplies HOBBY KNIFE $8.67 Invoice 51884 10/29/2008 • Transaction Date 10/28/2008 g Total $8.67 Wells Fargo 10100:��3..,�... Refer 102908 �VERIZON WIRELESS (PA49 _ Cash Payment E 101 -43100 -321 Telephone & Cells 10 -14 -08 THRU 11 -13 -08 CELL PHONES $280.24 Invoice 102908 10/29/2008 -2335- Cash Payment E 601 -49400 -321 Telephone & Cells 10 -14 -08 THRU 11 -13 -08 CELL PHONES $351.23 Invoice 102908 10/29/2008 Cash Payment E 602 -49450 -321 Telephone & Cells 10 -14 -08 THRU 11 -13 -08 CELL PHONES $204.86 Invoice 102908 10/29/2008 Cash Payment E 101 -42400 -321 Telephone & Cells 10 -14 -08 THRU 11 -13-08 CELL PHONES $13.29 Invoice 102908 10/29/2008 Cash Payment E 10145200 -321 Telephone & Cells 10 -14 -08 THRU 11 -13 -08 CELL PHONES $210.72 Invoice 102908 10/29/2008 Cash Payment E 281 - 45210 -321 Telephone & Cells 10 -14 -08 THRU 11 -13 -08 CELL PHONES $9.72 Invoice 102908 10/29/2008 Cash Payment E 101 -41310 -321 Telephone & Cells 10 -14 -08 THRU 11 -13 -08 CELL PHONES $40.63 Invoice 102908 10/29/2008 Cash Payment G 101 -22816 Personal Cell Phone 10 -14 -08 THRU 11 -13 -08 CELL PHONES $185.74 Invoice 102908 10/29/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $1,296.43 Refer 102908 WUNDERLICH, TIMOHTY Cash Payment G 101 -23007 Erosion Control Escrow 1808 RESTHAVEN #2005 -00831 $500.00 Invoice 102908 10/29/2008 Transaction Date 10/2812008 Wells Fargo 10100 Total $500.00 -Refer 102908 XCEL ENERGY _ Cash Payment E 101 -45200 -381 Electric Utilities 09 -08 #51- 6002837 -1 $230.75 Invoice 243696280 10/29/2008 Cash Payment E 602 -49450 -381 Electric Utilities 09 -08 #51- 6002837 -1 $2,078.39 Invoice 243696280 10/29/2008 Cash Payment E 101 - 43100 -381 Electric Utilities 09 -08 #51- 6002837 -1 $1,058.56 Invoice 243696280 10129/2008 Cash Payment E 601 -49400 -381 Electric Utilities 09 -08 #51- 6002837 -1 $2,212.25 Invoice 243696280 10/29/2008 Cash Payment E 609 -49750 -381 Electric Utilities 09 -08 #51- 6002837 -1 $1,650.74 Invoice 243696280 10/29/2008 Cash Payment E 222 -42260 -381 Electric Utilities 09 -08 #51- 6002837 -1 $922.43 Invoice 243696280 10/29/2008 Cash Payment E 101 -42110 -381 Electric Utilities 09 -08 #51- 6002837 -1 $922.43 Invoice 243696280 10129/2008 Cash Payment E 101 -41910 -381 Electric Utilities 09 -08 #51- 6002837 -1 $1,521.92 Invoice 243696280 10/29/2008 Transaction Date 10/23/2008 Wells Fargo 10100 Total $10,597.47 -2336- I� CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND City of Mound Payments Current Period: October 2008 10100 Wells Fargo $5,910.79 $87,946.43 $9.72 $2,658.48 $2,378.25 $1,650.74 $100,554.41 Pre - Written Check $0.00 Checks to be Generated by the Compute $100,554.41 Total $100,554.41 -2337- 10/29/08 2:37 PM Page 3 r� • • City Of Mound 10/30/08 10:48 AM Page 1 Payments CITY OF MOUND Pre - Written Check Checks to be Generated by the Compute Total • $0.00 $831.88 $831.88 $831.88 -2338- Current Period: October 2008 Batch Name 103008SUE User Dollar Amt $831.88 Payments Computer Dollar Amt $831.88 $0.00 In Balance Refer 103008 POSTMASTER Cash Payment E 101 -41110 -322 Postage FALL NEWSLETTER $808.57 Invoice 103008 10/30/2008 Transaction Date 10/3012008 Wells Fargo 10100 Total $808.57 Refer 103008 XCEL ENERGY Cash Payment E 101 -42115 -381 Electric Utilities 09 -08 #51- 6002835 -6 $23.31 Invoice 242989896 10/30/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $23.31 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $19g1 SA Pre - Written Check Checks to be Generated by the Compute Total • $0.00 $831.88 $831.88 $831.88 -2338- Refer 110508 KENNEDY AND GRAVEN n r� Cash Payment City of Mound 11/05/08 3:13 PM $280.50 Payments Page 1 CITY OF MOUND Cash Payment G 101 -22908 Mound Harbor Renaissance Current Period: November 2008 $465.50 Batch Name 110508SUE User Dollar Amt $5,391.73 Payments Computer Dollar Amt $5,391.73 G 101 -23089 MHR Phase II Auditors Road 08 -08 MHR AUDITORS ROAD PHASE If $878.50 $0.00 In Balance 11/5/2008 Refer 110508 GOLDEN VALLEY, CITY OF Cash Payment E 475 - 46386 -300 Professional Srvs Cash Payment E 101 - 41500 -434 Conference & Training 11 -19 -08 MUNICIPALS, TUMBERG $39.00 Invoice 110508 11/5/2008 PO 20864 Cash Payment E 475 - 46386 -300 Professional Srvs Cash Payment E 101 - 41500 -434 Conference & Training 11 -19 -08 MUNICIPALS, ROBERTS $39.00 Invoice 110508 11/5/2008 PO 20864 Cash Payment E 101 - 43100 -434 Conference & Training 11 -19 -08 MUNICIPALS, NELSON $13.00 Invoice 110508 11/5/2008 PO 20864 Cash Payment E 601 - 49400 -434 Conference & Training 11 -19 -08 MUNICIPALS, NELSON $13.00 Invoice 110508 11/5/2008 PO 20864 Cash Payment E 602 - 49450 -434 Conference & Training 11 -19 -08 MUNICIPALS, NELSON $13.00 Invoice 110508 11/5/2008 PO 20864 Cash Payment E 101 - 42110 -434 Conference & Training 11 -19 -08 MUNICIPALS, HAWKS $39.00 Invoice 110508 11/5/2008 PO 21213 Cash Payment E 101- 42110 -434 Conference & Training 11 -19 -08 MUNICIPALS, QUAAS $39.00 Invoice 110508 11/5/2008 PO 21213 Cash Payment E 101 - 42400 -434 Conference & Training 11 -19 -08 MUNICIPALS, NORLANDER $39.00 Invoice 110508 11/5/2008 PO 20907 Cash Payment E 601 -49400 -434 Conference & Training 11 -19 -08 MUNICIPALS, WEBER $15.60 Invoice 110508 11/5/2008 PO 21113 Cash Payment E 602 - 49450 -434 Conference & Training 11 -19 -08 MUNICIPALS, WEBER $15.60 Invoice 110508 11/5/2008 PO 21113 Cash Payment E 281 - 45210 -434 Conference & Training 11 -19 -08 MUNICIPALS, WEBER $7.80 Invoice 110508 11/5/2008 PO 211132 Cash Payment E 222 -42260 -434 Conference & Training 11 -19 -08 MUNICIPALS, WEIST $39.00 Invoice 110508 11/5/2008 PO 20992 Transaction Date 10/28/2008 Wells Fargo 10100 Total $312.00 Refer 110508 GUSTAFSON, BRUCE _ Cash Payment E 101 - 45200 -218 Clothing and Uniforms 2008 BOOT ALLOWANCE $149.99 Invoice 110508 11/5/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $149.99 Refer 110508 HE/7Z, DONALD _ Cash Payment E 101- 43100 -218 Clothing and Uniforms 2008 BOOT ALLOWANCE $150.00 Invoice 110508 11/5/2008 Transaction Date 11/5/2008 Wells Fargo 10100 Total $150.00 Refer 110508 KENNEDY AND GRAVEN n r� Cash Payment E 101 -41600 -300 Professional Srvs 08 -08 MISC LEGAL SERVICES $280.50 Invoice 85660 -A 11/5/2008 Cash Payment G 101 -22908 Mound Harbor Renaissance 08 -08 MOUND HARBOR RENAISSANCE $465.50 Invoice 85660 -B1 1115/2008 Cash Payment G 101 -23089 MHR Phase II Auditors Road 08 -08 MHR AUDITORS ROAD PHASE If $878.50 Invoice 85660 -132 11/5/2008 Cash Payment E 475 - 46386 -300 Professional Srvs 08 -08 LAND PURCHASE JOHNSON $712.02 • Invoice 85660 -C 11/5/2008 Cash Payment E 475 - 46386 -300 Professional Srvs 08 -08 LAND PURCHASE HOM $56.00 Invoice 85660 -D 11/5/2008 -2339- City of Mound 11/05/08 3:13 PM Page 2 Payments CITY OF MOUND Current Period: November 2008 Transaction Date 10130/2008 Wells Fargo 10100 Total $2,392.52 Refer 110508 KIV/STO, SCOTT Cash Payment E 602 -49450 -218 Clothing and Uniforms 2008 BOOT ALLOWANCE $149.99 Invoice 110508 11/5/2008 Transaction Date 11/5/2008 Wells Fargo 10100 Total $149.99 Refer 110508 MORRIS, MATTHEW J. Cash Payment E 222 -42260 -434 Conference & Training 11 -05 -08 SW METRO TRAINING $402.48 Invoice 110508 11/5/2008 Transaction Date 11/5/2008 Wells Fargo 10100 Total $402.48 Refer 110508 SPRINT WIRELESS (FIRE) Cash Payment E 222 - 42260 -321 Telephone & Cells 04 -19 -08 THRU 05 -18 -08 CELL PHONE $51.13 Invoice 121454128 -070 11/5/2008 Cash Payment E 222 -42260 -321 Telephone & Cells 05 -19 -08 THRU 06 -18 -08 CELL PHONE $51.13 Invoice 121454128 -070 11/5/2008 Cash Payment E 222 -42260 -321 Telephone & Cells 06 -19 -08 THRU 07 -18 -08 CELL PHONE $51.13 Invoice 121454128 -070 11/5/2008 Cash Payment E 222 -42260 -321 Telephone & Cells 07 -19 -08 THRU 08 -18-08 CELL PHONE $51.14 Invoice 121454128 -070 11/5/2008 Cash Payment E 222 -42260 -321 Telephone & Cells 08 -19 -08 THRU 09 -18 -08 CELL PHONE $51.14 Ovoice 121454128 -070 11/5/2008 ash Payment E 222 -42260 -321 Telephone & Cells 09 -19 -08 THRU 10 -18 -08 CELL PHONE $53.36 Invoice 121454128 -070 11/5/2008 Transaction Date 11/5/2008 Wells Fargo 10100 Total $309.03 Refer 110508 SV/HEL, MATTHEW Cash Payment E 222 - 42260 -434 Conference & Training 10 -20 -08 FIREFIGHTER 1 $289.58 Invoice 110508 11/5/2008 Transaction Date 11/5/2008 Wells Fargo 10100 Total $289.58 Refer 110508 XCEL ENERGY Cash Payment E 601 - 49400 -381 Electric Utilities 09 -08 #51- 6002837 -1 $1,236.14 Invoice 245261906 11/5/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $1,236.14 • -2340- •rr CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 475 TIF 1 -3 Mound Harbor Renaissan 601 WATER FUND 602 SEWER FUND City of Mound Payments Current Period: November 2008 10100 Wells Fargo $2,132.49 $1,040.09 $7.80 $768.02 $1,264.74 $178.59 $5,391.73 Pre - Written Check $0.00 Checks to be Generated by the Compute $5,391.73 Total $5,391.73 -2341- 11/05/08 3:13 PM Page 3 • C. • CITY OF MOUND Batch Name 111108SUE Payments City of Mound Payments Current Period: November 2008 User Dollar Amt $314,632.10 Computer Dollar Amt $314,632.10 $0.00 In Balance Refer 111108 A-1 RENTAL OF LAKE MINNETONK 11/06/08 10:19 AM Page 1 Cash Payment E 401-46540-500 Capital Outlay FA TRENCHER VETERANS MEMORIAL $154.56 Invoice 55190 11/11/2008 Project 08006 Transaction Date 11/3/2008 Wells Fargo 10100 Total $154.56 Refer 111108 ACE SOD FARMS Cash Payment E401-46540-500 Capital Outlay FA SOD VETERANS MEMORIAL $340.80 Invoice 10989 11/11/2008 Project 08006 Transaction Date 11/3/2008 Wells Fargo 10100 Total $340.80 Refer 111108 ACTION FLEET, INCORPORATED Cash Payment E 222-42260-440 Other Contractual Servic 97 TAHOE CHARGER $1,380.24 Invoice 5929 11/11/2008 P020988 Transaction Date 10/24/2008 Wells Fargo 10100 Total $1,380.24 Refer 111108 ADVANCED GRAPHIX, INCORPOR Cash Payment E 101- 42110 -404 Machinery /Equip Repairs K-9 UNIT DECAL $28.76 nvoice 16516 11/11/2008 P021096 transaction Date 10/28/2008 Wells Fargo 10100 Total $28.76 Refer 111108 ALLIED WASTE SERVICES #894 Cash Payment E 670-49500-440 Other Contractual Servic 10-08 CURBSIDE RECYCLING $14,280.21 Invoice 111108 11/11/2008 Cash Payment E 101-49999-430 Miscellaneous 2139 BASSWOOD LANE REAR LOADER $118.22 Invoice 111108 11/11/2008 Cash Payment E 101-43100-384 Refuse /Garbage Dispos 11 -08 WASTE SERVICES $53.66 Invoice 111108 -A 11/11/2008 Cash Payment E 601-49400-384 Refuse/Garbage Dispos 11 -08 WASTE SERVICES $53.66 Invoice 111108 -B 11/11/2008 Cash Payment E 602-49450-384 Refuse/Garbage Dispos 11 -08 WASTE SERVICES $53.66 Invoice 111108-C 11/11/2008 Cash Payment E 101-42110-384 Refuse/Garbage Dispos 11-08 WASTE SERVICE $114.95 Invoice 111108 11/11/2008 Cash Payment E 222-42260-384 Refuse/Garbage Dispos 11-08 WASTE SERVICES $114.95 I nvoice 111108 11/11/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $14,789.31 Refer 111108 AMERICAN MESSAGING Cash Payment E 222-42260-325 Pagers-Fire Dept. 11-08 PAGER SERVICE $119.49 Invoice D20440781K 11/11/2008 Transaction Date 11/5/2008 Wells Fargo 10100 Total $119.49 Refer 111108 AMUNDSON, M. LLP Cash Payment E 609-49750-256 Tobacco Products For R CIGARETTES $406.50 Invoice 48971 1111112008 �fransaction Date 10/24/2008 Wells Fargo 10100 Total $406.50 Refer 111108 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 459829807-A 11/11/2008 -2342- $45.36 City of Mound 11/06/08 10:19 AM Page 2 I, Payments CITY OF MOUND Current Period: November 2008 Er'�"° ��v ... . H ._ 5TiKmk _y `- ps�c. aA. , ✓ii�*xiz -�"�". , s�.m "2a"kd. -. '.-Fa .,°.?,�n2��" •z�s Cash Payment E 609 -49750 -265 Freight 10 -24 -08 DELIVERY CHARGE $1.00 Invoice 459829807 -B 11/11/2008 Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $19.44 Invoice 382829902 -A 11/11/2008 Cash Payment E 609 -49750 -265 Freight 10 -25 -08 DELIVERY CHARGE $1.00 Invoice 382829902 -B 11/11/2008 Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $74.33 Invoice 459830112 -A 11/11/2008 Cash Payment E 609 -49750 -265 Freight 10 -27 -08 DELIVERY CHARGE $1.00 Invoice 459830112 -B 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $142.13 Refer 111108 ASPEN EMBROIDERY AND DESIG _ Cash Payment E 101 -43100 -218 Clothing and Uniforms SWEATSHIRT EMBROIDER $37.42 Invoice 111108 11/11/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $37.42 Refer 111108 BARR ENGINEERING COMPANY _ Cash Payment E401-43108-500 Capital Outlay FA 2011 SYCAMORE DRIVEWAY $2,103.00 Invoice 100 11/11/2008 Project PWO801 Transaction Date 10/24/2008 Wells Fargo 10100 Total $2,103.00 Refer 111108 BARRETT, LARRY CONSTRUCTIO _ Cash Payment E 401 -43108 -500 Capital Outlay FA 2011 SYCAMORE LANE DRIVEWAY $2,103.00 Invoice 100 11/11/2008 Project PWO801 Transaction Date 11/5/2008 Wells Fargo 10100 Total $2,103.00 Refer 111108 BELLBOY CORPORATION _ Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $547.40 Invoice 46672800 -A 11/11/2008 Cash Payment E 609 -49750 -265 Freight 10 -240 -8 DELIVERY CHARGE $12.75 Invoice 46672800 -B 11/11/2008 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $149.40 Invoice 81484800 -A 11/11/2008 Cash Payment E 609 -49750 -210 Operating Supplies BAGS, SHELF STRIPS $135.95 Invoice 81484800 -B 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $555.70 Invoice 46690000 -A 11/11/2008 Cash Payment E 609 -49750 -253 Wine For Resale WINE $190.00 Invoice 46690000 -B 11111/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $314.85 Invoice 46644500 -A 11/11/2008 Cash Payment E 609 -49750 -253 Wine For Resale WINE $96.00 Invoice 46644500 -B 11/11/2008 Cash Payment E 609 -49750 -265 Freight 10 -2 -208 DELIVERY CHARGE $12.75 Invoice 46644500 -C 11/11/2008 Cash Payment E 609 -49750 -255 Misc Merchandise For R LOW BALL CUPS $45.00 Invoice 81474300 11/11/2008 • Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $750.00 Invoice 46761100 -A 11/11/2008 Cash Payment E 609 -49750 -265 Freight 11 -31 -08 DELIVERY CHARGE $12.30 Invoice 46761100 -B 11/11/2008 -2343- City of Mound 11/06/08 10:19 AM Page 3 • I� Payments CITY OF MOUND Current Period: November 2008 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $83.78 Invoice 81512200 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $2,905.88 Refer 111108 BERRY COFFEE COMPANY Cash Payment E 222 -42260 -210 Operating Supplies COFFEE yc�•aa Invoice 746371 11/11/2008 0nvoice FC2080124 11111/2008 Cash Payment E222-42260-210 Operating Supplies COFFEE $47.95 Invoice 749770 11111/2008 $6.01 Transaction Date 10/24/2008 Wells Fargo 10100 Total $70.90 Refer 111108 BIFFS, INC PORTABLE RESTR00 _ Transaction Date 10/24/2008 Wells Fargo 10100 Cash Payment E 101 - 45200 -410 Rentals (GENERAL) 10 -08 MOUND BAY PARK $154.95 Invoice W368125 11/11/2008 Cash Payment E 101 - 45200 -410 Rentals (GENERAL) 10 -08 SKATEPARK $199.53 Invoice W368126 11/11/2008 Invoice 6974 -79975 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $354.48 Refer 111108 CARQUEST AUTO PARTS (FIRE) $18.99 Invoice 6974 - 79881 -A 11/11/2008 Cash Payment E 222 -42260 -409 Other Equipment Repair 08 -31 -08 FINANCE CHARGE $0.73 Invoice FC2080125 11/11/2008 Cash Payment E 222 - 42260 -409 Other Equipment Repair 09 -30 -08 FINANCE CHARGE $1.32 0nvoice FC2080124 11111/2008 Cash Payment E 222 - 42260 -409 Other Equipment Repair OIL FILTER $6.01 Invoice FC2080125 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $8.06 Refer 111108 CARQUEST OF NAVARRE (P/IM _ Cash Payment E 101 - 45200 -409 Other Equipment Repair FUSE, CEMENT, TUBE KIT $29.46 Invoice 6974 -79975 11/11/2008 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs HALOGEN SEALED BEAM $18.99 Invoice 6974 - 79881 -A 11/11/2008 Cash Payment E 602 - 49450 -404 Machinery/Equip Repairs HALOGEN SEALED BEAM $18.99 Invoice 6974 - 79881 -B 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $67.44 Refer 111108 CAT AND FIDDLE BEVERAGE _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $580.00 Invoice 80034 11/11/2008 Cash Payment E 609 -49750 -253 Wine For Resale WINE $284.00 Invoice 80070 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $864.00 Refer 11108 COCA COLA BOTTLING- MIDWEST _ Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $469.70 Invoice 0118193913 11/11/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $469.70 Refer 111108 DAY DISTRIBUTING COMPANY 0 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,381.55 Invoice 479408 11/11/2008 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $108.00 Invoice 479514 11/11/2008 .WA i E, City of Mound 11/06/08 10:19 AM I, Page 4 Payments CITY OF MOUND Current Period: November 2008 Cash Payment E 60949750 -252 Beer For Resale BEER $2,302.70 Invoice 478577 11/11/2008 Cash Payment E 60949750 -254 Soft Drinks /Mix For Resa MIX $20.95 Invoice 478578 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale CREDIT —BEER - $18.00 Invoice 477628 -B 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $3,795.20 Refer 111108 DOCKMASTERS OF LAKE MINNET Cash Payment E 101 - 42110 -321 Telephone & Cells Cash Payment E 281 - 45210 -440 Other Contractual Servic REMOVE DOCK SECTIONS 11/11/2008 $6,004.00 Invoice 201605 11/11/2008 E 222 -42260 -321 Telephone & Cells 11 -08 TELEPHONE SERVICE $647.83 Transaction Date 10/30/2008 Wells Fargo 10100 Total $6,004.00 Refer 111108 EMERGENCY APPARATUS MAINT Total $4,467.78 Refer 111108 G & K SERVICES Cash Payment E 222 - 42260 -409 Other Equipment Repair 1981 LADDER TRUCK REPAIRS E 101 -45200 -218 Clothing and Uniforms $10,277.25 Invoice 38160 11/11/2008 P020984 Cash Payment Transaction Date 11/5/2008 Wells Fargo 10100 Total $10,277.25 Refer 111108 FIRE EQUIPMENT SPECIALTIES, 1 _ E 101 - 41910 -460 Janitorial Services 10 -21 -08 MATS $202,19 Cash Payment E 222 -42260 -210 Operating Supplies LEATHER FRONTS $180.52 Invoice 5910 11/11/2008 $84.93 Invoice 6212191 11/1112008 Transaction Date 11/5/2008 Wells Fargo 10100 Total $180.52 Refer 111108 FIRST STATE TIRE RECYCLING _ 11/11/2008 Cash Payment E 670 - 49500 -460 Janitorial Services 10 -11 -08 RECYLE DAY $82,27 $62.00 Invoice 64011 11/11/2008 Cash Payment E 101 -43100 -218 Clothing and Uniforms Transaction Date 10/27/2008 Wells Fargo 10100 Total $62.00 Refer 111108 FRONT/ER(C/TIZENS COMMUNICA Cash Payment E 101 -41910 -321 Telephone & Cells 11 -08 TELEPHONE SERVICE $2,635.99 Invoice 111108 11/11/2008 Cash Payment E 101 - 42110 -321 Telephone & Cells 11 -08 TELEPHONE SERVICE $1,183.96 Invoice 111108 11/11/2008 Cash Payment E 222 -42260 -321 Telephone & Cells 11 -08 TELEPHONE SERVICE $647.83 Invoice 111108 11/11/2008 Transaction Date 11/5/2008 Wells Fargo 10100 Total $4,467.78 Refer 111108 G & K SERVICES Cash Payment E 101 -45200 -218 Clothing and Uniforms 10 -21 -08 UNIFORMS $19.71 Invoice 6212194 -A 11/11/2008 Cash Payment E 101 -45200 -210 Operating Supplies 10 -21 -08 MATS $63.79 Invoice 6212194 -B 11/11/2008 Cash Payment E 101 - 41910 -460 Janitorial Services 10 -21 -08 MATS $202,19 Invoice 6212193 11/11/2008 Cash Payment E 609 - 49750 -460 Janitorial Services 10 -21 -08 MATS $84.93 Invoice 6212191 11/1112008 Cash Payment E 101 - 42110 -460 Janitorial Services 11 -04 -08 MATS $58.59 Invoice 6238275 11/11/2008 Cash Payment E 222 - 42260 -460 Janitorial Services 11 -04 -08 MATS $82,27 Invoice 6238274 11/11/2008 Cash Payment E 101 -43100 -218 Clothing and Uniforms 10 -21 -08 UNIFORMS $58.97 Invoice 6212192 -A 11/11/2008 -2345- • • City of Mound 11/06/08 10:19 AM Payments I, Page 5 CITY OF MOUND Current Period: November 2008 Cash Payment E 601 -49400 -218 Clothing and Uniforms 10 -21 -08 UNIFORMS $29.39 Invoice 6212192 -B 11/11/2008 Cash Payment E 602 -49450 -218 Clothing and Uniforms 10 -21 -08 UNIFORMS $40.22 Invoice 6212192 -C 11/11/2008 Cash Payment E 101 -43100 -230 Shop Materials 10 -21 -08 MATS $55.23 Invoice 6212192 -D 11/11/2008 Cash Payment E 601 -49400 -230 Shop Materials 10 -21 -08 MATS $55.23 Invoice 6212192 -E 11/11/2008 Cash Payment E 602 -49450 -230 Shop Materials 10 -21 -08 MATS $55.23 Invoice 6212192 -F 11/11/2008 Cash Payment E 101 -45200 -218 Clothing and Uniforms 10 -28 -08 UNIFORMS $15.92 Invoice 6225153 -A 11/11/2008 Cash Payment E 101-45200-210 Operating Supplies 10 -28 -08 MATS $61.81 Invoice 6225153 -B 11/11/2008 Cash Payment E 101 - 43100 -218 Clothing and Uniforms 10 -28 -08 UNIFORMS $58.99 Invoice 6225152 -A 11/11/2008 Cash Payment E 601 -49400 -218 Clothing and Uniforms 10 -28 -08 UNIFORMS $29.41 Invoice 6225152 -13 11/11/2008 Cash Payment E 602 -49450 -218 Clothing and Uniforms 10 -28 -08 UNIFORMS $41.26 Invoice 6225152 -C 11/11/2008 Cash Payment E 101 -43100 -230 Shop Materials 10 -28 -08 MATS $44.04 Invoice 6225152 -D 11/11/2008 Cash Payment E 601 -49400 -230 Shop Materials 10 -28 -08 MATS $44.04 Invoice 6225152 -E 11/11/2008 Cash Payment E 602 -49450 -230 Shop Materials 10 -28 -08 MATS $44.04 Invoice 6225152 -F 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $1,145.26 Refer 111108 GERTENS Cash Payment E 401 -46540 -500 Capital Outlay FA VETERANS MEMORIAL $5,939.29 Invoice 162166 11/11/2008 Project 08006 Transaction Date 11/3/2008 Wells Fargo 10100 Total $5,939.29 Refer 111108 GRAINGERS, INCORPORATED Cash Payment E222-42260-210 Operating Supplies STORAGE DEVICE, COMBO TOOL $34.26 Invoice 9734507685 11/11/2008 P020983 Transaction Date 10/24/2008 Wells Fargo 10100 Total $34.26 Refer 111108 GRAYBAR _ Cash Payment E 222 - 42260 -401 Building Repairs LIGHT DIFFUSERS $227.25 Invoice 937349044 11/11/2008 P020987 Transaction Date 10/24/2008 Wells Fargo 10100 Total $227.25 Refer 111108 GRIGGS COOPER AND COMPANY _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $138.10 Invoice 132162 11/11/2008 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $591.27 Invoice 131891 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $3,238.72 Invoice 132161 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR - $184.10 Invoice 763088 11/11/2008 -2346- City of Mound 11/06/08 10:19 AM Payments s Page 6 CITY OF MOUND Current Period: November 2008 Cash Payment E 609 -49750 -253 Wine For Resale WINE $911.40 Invoice 135377 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $7,016.93 Invoice 135376 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $55.00 Invoice 135102 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $114.83 Invoice 135032 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $480.00 Invoice 135024 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $12,362.15 Refer 111108 HAWKINS, INCORPORATED Cash Payment E 601 -49400 -227 Chemicals HYDROFLUOSOLICIC ACID $1,932.72 Invoice 1243902 11/11/2008 Transaction Date 11/312008 Wells Fargo 10100 Total $1,932.72 Refer 111108 HD SUPPLY WATERWORKS, LTD _ Cash Payment E 601 -49400 -220 Repair /Maint Supply AIR RELEASE VALVES (5) $586.20 Invoice 8050083 11/11/2008 P021111 Cash Payment E 601 - 49400 -400 Repairs & Maintenance WELL #1 REPAIRS $245.24 Invoice 8088079 11/11/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $831.44 Refer 111108 HENNEPIN COUNTY INFORMATIO Cash Payment E 222 - 42260 -418 Other Rentals 09 -08 RADIO LEASE $958.72 Invoice 28098341 11/11/2008 Cash Payment E 222 - 42260 -418 Other Rentals 10 -08 RADIO LEASE $1,712.29 Invoice 28108442 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $2,671.01 Refer 111108 HOME DEPOT /GECF (PA49 _ Cash Payment E 101 -43100 -226 Sign Repair Materials CONCRETE MIX $296.93 Invoice 015097/2971738 11/11/2008 Cash Payment E 602 -49450 -220 Repair /Maint Supply SHOVELS, VISE GRIP, ETC $177.99 Invoice 016754/1022866 11/11/2008 Cash Payment E 401 -46540 -300 Professional Srvs SHOVELS, VISE GRIP, ETC $195.28 Invoice 016754/1022866 11/11/2008 Project 08006 Cash Payment E 101 -45200 -220 Repair /Maint Supply LATH FOR CEMETARY $29.27 Invoice 004658/2021572 11/11/2008 PO 21119 Cash Payment E 101 -41910 -220 Repair /Maint Supply COMPUTER DRAWER SLIDE $13.34 Invoice 014270/3022279 11/11/2008 PO 21112 Cash Payment E 101 -43100 -381 Electric Utilities HOLIDAYS LIGHTS $124.51 Invoice 009056/8048636 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $837.32 Refer 111108 HOUSE OF MOY _ Cash Payment G 475 -22801 Deposits /Escrow ESCROW BALANCE AND INTEREST $44,358.72 Invoice 111108 11/11/2008 Cash Payment E 475 -46386 -500 Capital Outlay FA RELOCATION FEES $50,000.00 Invoice 111108 11/11/2008 Transaction Date 11/5/2008 Wells Fargo 10100 Total $94,358.72 -2347- • �► CITY OF MOUND Refer 111108 INFRATECH City of Mound Payments Current Period: November 2008 11/06/08 10:19 AM Page 7 Cash Payment E 401 -43108 -500 Capital Outlay FA 2008 ROAD PROJECT CIPP REPAIRS $26,500.00 Invoice PR80854 11/11/2008 Project PWO801 Transaction Date 11/5/2008 Wells Fargo 10100 Total $26,500.00 Refer 111108 J.R.'S APPLIANCE DISPOSAL, INC Cash Payment E 67049500 -460 Janitorial Services 10 -11 -08 RECYCLE DAY $1,570.00 Invoice 63825 11/11/2008 Transaction Date 10/27/2008 Wells Fargo 10100 Total $1,570.00 Refer 111108 JOHNSON BROTHERS LIQUOR _ Cash Payment E 60949750 -253 Wine For Resale WINE $945.25 Invoice 1524198 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $441.34 Invoice 1524197 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $0.00 Invoice 1527965 11/11/2008 Cash Payment E 609 -49750 -253 Wine For Resale WINE $6,661.12 Invoice 1527966 11/11/2008 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $32.49 Invoice 1527967 11/11/2008 Wash Payment E 609-49750 -251 Liquor For Resale CREDIT — LIQUOR -$1.25 Invoice 397336 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT— LIQUOR - $15.33 Invoice 397337 11/11/2008 Cash Payment E 60949750 -254 Soft Drinks /Mix For Resa CREDIT —MIX -$5.04 Invoice 397338 11/11/2008 Cash Payment . E 60949750 -251 Liquor For Resale LIQUOR $451.00 Invoice 1528528 11/11/2008 Transaction Date 10130/2008 Wells Fargo 10100 Total $8,509.58 Refer 111108 JUBILEE FOODS Cash Payment E 101-41110-431 Meeting Expense 10 -28 -09 OPEN ENROLLMENT MTG $9.77 Invoice 102808 11/11/2008 Transaction Date 10/28/2008 Wells Fargo 10100 Total $9.77 Refer 111108 KENNEDYAND GRAVEN _ Cash Payment E 10141600 -300 Professional Srvs 09 -08 MISC LEGAL SERVICES $187.00 Invoice 86000 -A 11/11/2008 Cash Payment G 101 -23089 MHR Phase II Auditors Road 09 -08 MHR PHASE II AUDITORS ROAD $892.50 Invoice 86000 -131 11/11/2008 Cash Payment G 101 -22908 Mound Harbor Renaissance 09 -08 MOUND HARBOR RENAISSANCE $157.50 Invoice 86000 -62 11/11/2008 Cash Payment E 10141600 -316 Legal P & 1 09 -08 TBRA CLEANUP $58.00 Invoice 86000 -63 11/11/2008 Cash Payment E 47546386 -300 Professional Srvs 09 -08 AUDITORS ROAD JOHNSON $2,605.87 PROPERTY Invoice 86000 -C 11/11/2008 *ash Payment E 101 -41600 -300 Professional Srvs 09 -08 EXECUTIVE $1,196.37 Invoice 86001 -A 11/1112008 Cash Payment E 10141600 -300 Professional Srvs 09 -08 ADMINISTRATIVE $60.00 Invoice 86001 -B 11/11/2008 -2348- City Of Mound 11/06/08 10:19 AM Payments Page 8 CITY OF MOUND Current Period: November 2008 Cash Payment E 101 -41600 -314 Legal PAN 09 -08 PUBLIC WORKS $152.60 Invoice 86001 -C 11/11/2008 Cash Payment E 101 - 41600 -316 Legal P & 1 09 -08 PLANNING AND ZONING $684.00 Invoice 86001 -D 11/11/2008 Cash Payment E 101 -41600 -318 Legal Parks 09 -08 MCWD CENTERVIEW PARK $414.00 Invoice 86001 -E1 11/11/2008 Cash Payment E 101 -41600 -318 Legal Parks 09 -08 MISC PARK AND RECREATION $162.00 Invoice 86001 -E2 11/11/2008 Cash Payment E 101 -41600 -319 Legal /Docks 09 -08 ORDINANCE ISSUES, ETC $78.00 Invoice 86001 -E3 11/11/2008 Cash Payment E 101 -41600 -300 Professional Srvs 09 -08 MARILYN HENRICKS VS MOUND $156.00 Invoice 86001 -F 11/11/2008 Project 07005 Cash Payment E 475 -46386 -500 Capital Outlay FA 09 -08 DUMP REMEDIATION $934.59 Invoice 86001 -G 11/11/2008 1 Transaction Date 11/3/2008 Wells Fargo 10100 Total $7,738.43 Refer 111108 LAKE MINNETONKA CONSERVATI Cash Payment E 101 - 41110 -433 Dues and Subscriptions 4TH QTR LEVY PAYMENT $6,136.75 Invoice 111108 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $6,136.75 Refer 111108 LAKESHORE COMMUNICATIONS, Cash Payment E 101 -45200 -351 Legal Notices Publishing 10 -28 -08 AD $230.00 Invoice 00119105 11/11/2008 Transaction Date 11/5/2008 � Wells Fargo 10100 Total $230.00 Refer 111108 LAWSON PRODUCTS, INC Cash Payment E 101 -43100 -230 Shop Materials SHOP SUPPLIES $94.41 Invoice 7405810 -A 11/11/2008 P021115 Cash Payment E 601 -49400 -230 Shop Materials SHOP SUPPLIES $94.41 Invoice 7405810 -B 11/11/2008 P021115 Cash Payment E 602 -49450 -230 Shop Materials SHOP SUPPLIES $94.40 Invoice 7405810 -C 11/11/2008 P021115 Transaction Date 11/3/2008 Wells Fargo 10100 Total $283.22 Refer 111108 LOFFLER COMPANIES, 1NCORPO _ Cash Payment E 101 -41920 -400 Repairs & Maintenance NETWORK CABLING $1,357.88 Invoice 123534 11/11/2008 P021151 Transaction Date 10/24/2008 Wells Fargo 10100 Total $1,357.88 Refer 111108 MAINSTREAM SOLUTIONS Cash Payment E 101 -42110 -400 Repairs & Maintenance 11 -08 SPAMNIRUS FILTERING $37.50 Invoice 1140 -14515 11/11/2008 Cash Payment E 222 -42260 -300 Professional Srvs 11 -08 SPAMNIRUS FILTERING $37.50 Invoice 1140 -14515 11/11/2008 Transaction Date 11/512008 Wells Fargo 10100 Total $75.00 Refer 111108 MARCO Cash Payment E 101 -41920 -500 Capital Outlay FA COPIER, INSTALLATION, ETC $1,491.00 Invoice 282256 11/11/2008 P021205 Transaction Date 10/30/2008 Wells Fargo 10100 Total $1,491.00 Refer 111108 MARK VII DISTRIBUTOR _ -2349- City Of Mound 11/06/08 10:19 AM I, Payments Page 9 CITY OF MOUND Current Period: November 2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,739.52 Invoice 388020 11/11/2008 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $31.00 Invoice 388021 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,734.25 Invoice 397877 11/1112008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $23.05 Invoice 397878 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,386.91 Invoice 390573 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $60.00 Invoice 390574 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $9,974.73 Refer 111108 METRO FIRE Cash Payment E 222 -42260 -210 Operating Supplies PAN HEAD SCREWS $4.67 Invoice 33046 11/11/2008 Transaction Date 11/512008 Wells Fargo 10100 Total $4.67 Refer 111108 MINNEHAHA BUILDING MAINTENA Cash Payment E 609 - 49750 -400 Repairs & Maintenance 09 -08 WASH WINDOWS $64.97 9nvoice 921052873 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $64.97 Refer 111108 MINNESOTA LABOR INDUSTRY (1) _ Cash Payment E 285 -46388 -210 Operating Supplies #359219 2009 ELEVATOR OPERATING $100.00 PERMIT Invoice 111108 11111/2008 Transaction Date 10/28/2008 Wells Fargo 10100 Total $100.00 Refer 111108 MINUTEMAN PRESS _ Cash Payment E 101 -41410 -210 Operating Supplies VOTER RECEIPT PADS $685.93 Invoice 10265 11/11/2008 Transaction Date 10/28/2008 Wells Fargo 10100 Total $685.93 Refer 111108 MORRELL ENTERPRISES, LP _ Cash Payment E 670 - 49500 -460 Janitorial Services 10 -11 -08 RECYCLE DAY $1,407.30 Invoice 17031 11/11/2008 Transaction Date 10/27/2008 Wells Fargo 10100 Total $1,407.30 Refer 111108 MOTOROLA COMMUNICATIONS E _ Cash Payment E 222 -42260 -500 Capital Outlay FA MOBILE RADIO WITH ACCESSORIES $3,950.00 Invoice 13691250 11/11/2008 P020970 Transaction Date 10/28/2008 Wells Fargo 10100 Total $3,950.00 Refer 111108 MOUND, UND, CITY OF _ Cash Payment G 475 -22801 Deposits /Escrow 10 -08 WATER/SEWER SERVICE HOM $136.57 Invoice 111108 11/11/2008 Transaction Date 11/312008 Wells Fargo 10100 Total $136.57 AML Refer 111108 MUZAK - MINNEAPOLIS Now Cash Payment E 609 - 49750 -440 Other Contractual Servic 11 -08 MUSIC SERVICE $102.29 Invoice A823744 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $102.29 -2350- City Of Mound 11/06/08 10:19 AM Page 10 Payments A CITY OF MOUND Current Period: November 2008 Refer 111108 MYERS, TONY _ Cash Payment E 222 -42260 -210 Operating Supplies DUTY JACKET $109.00 Invoice 111108 11/11/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $109.00 Refer 111108 NEWMAN SIGNS _ Cash Payment E 101 -43100 -226 Sign Repair Materials DOME CAP $67.16 Invoice TI- 0199639 11/11/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $67.16 Refer 111108 NORTHERN WATERWORKS SUPP _ Cash Payment E 60149400 -220 Repair /Maint Supply METERS (10) $1,186.02 Invoice S01174327.001 11/11/2008 PO 21116 Transaction Date 11/3/2008 Wells Fargo 10100 Total $1,186.02 Refer 111108 OFFICE DEPOT Cash Payment E 101 -41110 -200 Office Supplies FRAMES $36.68 Invoice 447064900 -001 11/11/2008 P020697 Cash Payment E 101 -42110 -200 Office Supplies BINDERS, PAPER, ET $201.72 Invoice 447972452 -001 11/11/2008 P021209 Cash Payment E 222 -42260 -200 Office Supplies PAPER, FILES, FOLDERS $80.95 Invoice 44828757 -001 11/11/2008 P020991 Transaction Date 10/27/2008 Wells Fargo 10100 Total $319.35 Refer 111108 ONE CALL CONCEPTS, INCORPO Cash Payment E 601 -49400 -395 Gopher One -Call 10 -08 LOCATES $109.47 Invoice 8100698 -A 11/11/2008 Cash Payment E 602 -49450 -395 Gopher One -Call 10 -08 LOCATES $109.48 Invoice 8100698 -B 11/11/2008 Transaction Date 11/5/2008 Wells Fargo 10100 Total $218.95 Refer 111108 PAINS MASONRY _ Cash Payment E 222 - 42260 -402 Building Maintenance PATCH DRIVEWAY $975.00 Invoice 111108 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $975.00 Refer 111108 PAUSTIS AND SONS WINE COMP _ Cash Payment E 609- 49750 -253 Wine For Resale WINE $6,252.52 Invoice 8201385 -A 11/11/2008 Cash Payment E 60949750 -265 Freight 10 -20 -08 DELIVERY CHARAGE $113.75 Invoice 8201385 -B 11/11/2008 Cash Payment E 60949750 -253 Wine For Resale WINE $358.00 Invoice 8202082 -A 11/11/2008 Cash Payment E 60949750 -265 Freight 10 -27 -08 DELIVERY CHARGE $11.25 Invoice 8202082 -B 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $6,735.52 Refer 111108 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,783.40 Invoice 2672816 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $268.00 Invoice 2672815 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $180.00 Invoice 2675635 11/11/2008 -2351- r L_J City Of Mound 11/06/0810:19 AM Page 11 Payments CITY OF MOUND Current Period: November 2008 g� gild #�,:a.: " �s���:" •. ... ,.sit�Ki 'o+`�w.et�S..+`hda€w :let.."+.Sw'- difakaF `..4.2"aa'3x — >.'.i... �� ?x Cash Payment E 609 -49750 -253 Wine For Resale WINE $473.15 Invoice 2675636 11/11/2008 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE - $215.85 Invoice 3397067 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $2,488.70 Refer 111108 QUALITY WINE AND SPIRITS _ Cash Payment E 60949750 -251 Liquor For Resale LIQUOR $6,409.35 Invoice 075789 -00 11/11/2008 Cash Payment E 609 -49750 -253 Wine For Resale WINE $394.55 Invoice 079069 -00 11/11/2008 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,019.10 Invoice 079082 -00 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $8,823.00 Refer 111108 R.C. ELECTRIC, INCORPORATED _ Cash Payment E 401 -46540 -500 Capital Outlay FA VETERANS MEMORIAL LIGHTING $3,784.90 Invoice 2083 11/11/2008 Project 08006 Transaction Date 11/5/2008 Wells Fargo 10100 Total $3,784.90 Refer 111108 RANDY'S SANITATION Cash Payment E 101 -41910 -384 Refuse /Garbage Dispos 10 -08 GARBAGE SERVICE $154.96 0 nvoice 111108 11/11/2008 Cash Payment E 101 -45200 -384 Refuse /Garbage Dispos 10 -08 GARBAGE SERVICE $187.98 Invoice 111108 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $342.94 Refer 111108 RIDGEVIEW MEDICAL, WACONIA _ Cash Payment E 222 -42260 -305 Medical Services VACCINE, SPADER $90.00 Invoice 111108 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $90.00 Refer 111108 RMH SERVICES, INCORPORATED Cash Payment E 10149999 -430 Miscellaneous 1952 SHOREWOOD LANE, MOWING $159.75 Invoice 2664 11/11/2008 Cash Payment E 35147000 -600 Debt Sry Principal 1774 HERON LANE, MOWING $106.50 Invoice 2663 11/11/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $266.25 Refer 111108 ROBERT B. HILL COMPANY Cash Payment E 101 -42110 -402 Building Maintenance METER CAP ASSEMBLY $193.52 Invoice 00211116 -A 11/11/2008 Cash Payment E 222 - 42260 -402 Building Maintenance METER CAP ASSEMBLY $193.52 Invoice 00211116 -B 11/11/2008 Transaction Date 11/5/2008 Wells Fargo 10100 Total $387.04 Refer 111108 SENTRY SYSTEMS, INCORPORATE Cash Payment E 609- 49750 -440 Other Contractual Servic 11 -08 BURGLARY AND FIRE MONITORING $75.94 Invoice 587667 11/11/2008 Wransaction Date 10/24/2008 Wells Fargo 10100 Total $75.94 Refer 111108 SPEEDWAY SUPERAMERICA (FIR Cash Payment E 222 -42260 -212 Motor Fuels THRU 10 -26 -08 GASOLINE CHARGE $611.89 Invoice 111108 11/11/2008 -2352- Refer 111108 SPEEDWAY SUPERAMERICA (PIW Cash Payment City of Mound 11/06/08 10:19 AM $1,036.15 I, Payments Page 12 • CITY OF MOUND E 601 -49400 -212 Motor Fuels THRU 10 -26 -08 GASOLINE CHARGES $1,292.93 Invoice 111108 Current Period: November 2008 Wells Fargo 10100 Total Cash Payment E 602 -49450 -212 Motor Fuels THRU 10 -26 -08 GASOLINE CHARGES $681.84 Transaction Date 11/5/2008 Wells Fargo 10100 Total $611.89 Refer 111108 SPEEDWAY SUPERAMERICA (PIW Cash Payment E 101 -43100 -212 Motor Fuels THRU 10 -26 -08 GASOLINE CHARGES $1,036.15 Invoice 111108 11/11/2008 Invoice 111108 11/11/2008 Cash Payment E 601 -49400 -212 Motor Fuels THRU 10 -26 -08 GASOLINE CHARGES $1,292.93 Invoice 111108 11/11/2008 Wells Fargo 10100 Total Cash Payment E 602 -49450 -212 Motor Fuels THRU 10 -26 -08 GASOLINE CHARGES $681.84 Invoice 111108 11/11/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $3,010.92 Refer 111108 SPEEDWAY SUPERAMERICA (PA _ 11/11/2008 Cash Payment E 101 -45200 -212 Motor Fuels THRU 10 -26 -08 GASOLINE CHARGES $1,372.40 Invoice 111108 11/11/2008 Transaction Date 10/28/2008 Wells Fargo 10100 Total $1,372.40 Refer 111108 SPEEDWAY SUPERAMERICA (POL Cash Payment E 101 -42110 -212 Motor Fuels THRU 10 -26 -08 GASOLINE CHARGE $2,848.18 Invoice 111108 11/11/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $2,848.18 Refer 111108 STREICHER'S Cash Payment E 101 -42110 -218 Clothing and Uniforms POLO SHIRTS RETURN, WITTKE $74.98 Invoice 1512432 11/11/2008 Cash Payment E 101 -42110 -219 Safety supplies GUN CLEANING SUPPLIES $2,368.52 Invoice 1561388 11/11/2008 P020812 Cash Payment E 222 -42260 -210 Operating Supplies DUTY JACKET $122.98 Invoice 1560664 11/11/2008 P020990 Transaction Date 10/28/2008 Wells Fargo 10100 Total $2,566.48 Refer 111108 STS CONSULTANTS Cash Payment E 475 -46386 -300 Professional Srvs THRU 09 -30 -08 AUDITORS ROAD $4,088.20 ACQUISITION Invoice N37117 11/11/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $4,088.20 Refer 111108 SUNBURST CHEMICALS, INC. Cash Payment E 222 -42260 -210 Operating Supplies HOSES, SOAP, CLEANERS $178.41 Invoice 0233012 11/11/2008 P020986 Cash Payment E 222 -42260 -216 Cleaning Supplies HOSES, SOAP, CLEANERS $372.31 Invoice 0233012 11/11/2008 P020986 Transaction Date 10/24/2008 Wells Fargo 10100 Total $550.72 Refer 111108 TAYLOR, J.J. DISTRIBUTING MINN _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $4,291.19 Invoice 1210337 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,071.15 Invoice 1210371 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $77.00 Invoice 1221856 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $7,439.34 Refer 111108 THORPE DISTRIBUTING COMPAN _ -2353- Refer 111108 VALLEY NATIONAL GASES LOC 90 -2354- City of Mound 11/06/0810:19 AM Payments Page 13 CITY OF MOUND Current Period: November 2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $8,274.60 Invoice 515746 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $85.20 Invoice 515745 11/1112008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $520.00 Invoice 69534 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $573.00 Invoice 69453 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $5,304.45 Invoice 514750 11/11/2008 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $140.00 Invoice 514742 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $53.20 Invoice 516613 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale beer $4,393.50 Invoice 516614 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $19,343.95 Refer 111108 TOTAL REGISTER SYSTEMS, INC. Cash Payment E 609 -49750 -210 Operating Supplies REGISTER PAPER ROLLS $177.73 Invoice 23323 Invoice 11/11/2008 Date 10/30/2008 Wells Fargo 10100 Total $177.73 Refer 111108 TRI COUNTY BEVERAGE AND SUP Cash Payment E 609 -49750 -252 Beer For Resale BEER $263.75 Invoice 212118 11/11/2008 Cash Payment E 609 -49750 -252 Beer For Resale BEER $225.00 Invoice 212570 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $488.75 Refer 111108 TRI TECH DISPENSING Cash Payment E 222 - 42260 -409 Other Equipment Repair REPLACE COLD CONTROL $320.61 Invoice 41270 11/11/2008 P020989 Transaction Date 10/24/2008 Wells Fargo 10100 Total $320.61 Refer 1111,08 TRUE VALUE, MOUND _ Cash Payment E 222 -42260 -322 Postage UPS /FED SHIPPING $12.43 Invoice 51543 11/11/2008 Cash Payment E 222 - 42260 -210 Operating Supplies SCREWS, NUTS, BOLTS, ETC $4.90 Invoice 51782 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $17.33 Refer 111108 TWIN CITY FILTER SERVICE, INC. _ Cash Payment E 101 -41910 -210 Operating Supplies PLEATED TOWELS $80.45 Invoice 0434563 11/11/2008 P020899 Transaction Date 10/30/2008 Wells Fargo 10100 Total $80.45 Refer 111108 UNIFORMS UNLIMITED _ Payment G 101 -22803 Police Reserves UNIFORM, SPANJERS $32.39 ,Cash Invoice 443949 11/11/2008 P021210 Transaction Date 10/28/2008 Wells Fargo 10100 Total $32.39 Refer 111108 VALLEY NATIONAL GASES LOC 90 -2354- City of Mound 11/06/08 10:19 AM Page 14 • Payments CITY OF MOUND Current Period: November 2008 Cash Payment E 222 - 42260 -418 Other Rentals AIR AND OXYGEN $32.07 Invoice 851956 11/11/2008 Transaction Date 10/24/2008 Wells Fargo 10100 Total $32.07 Refer 111108 VINOCOPIA, INCORPORATED _ Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $249.50 Invoice 0010930 -A 11/11/2008 Cash Payment E 609 -49750 -265 Freight 10 -23 -08 DELIVERY CHARGE $5.00 Invoice 0010930 -B 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $254.50 Refer 111108 WESTSIDE WHOLESALE TIRE AN _ Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #404 TIRES $408.86 Invoice 610902 11/11/2008 Cash Payment E 101 -43100 -221 Equipment Parts #404 TIRES $972.24 Invoice 610473 -A 11/11/2008 P021117 Cash Payment E 101 -43100 -221 Equipment Parts #1205 TIRES $341.87 Invoice 610473 -B 11/11/2008 P021117 Cash Payment E 602 -49450 -221 Equipment Parts #202 TIRES $382.50 Invoice 610473 -C 11/11/2008 P021117 Transaction Date 11/3/2008 Wells Fargo 10100 Total $2,105.47 Refer 111108 WIDMER CONSTRUCTION, LLC _ Cash Payment E 601- 49400 -400 Repairs & Maintenance 10 -06 -08 CTY RD 15 BREAK $663.75 Invoice 2370 11/11/2008 Cash Payment E 601 - 49400 -400 Repairs & Maintenance 10 -15 -08 WELLHOUSE #1 $380.00 Invoice 2376 11/11/2008 Transaction Date 11/3/2008 Wells Fargo 10100 Total $1,043.75 Refer 111108 WINE MERCHANTS Cash Payment E 609 -49750 -253 Wine For Resale WINE $80.00 Invoice 249684 11/11/2008 Cash Payment E 609 -49750 -253 Wine For Resale WINE250540 $432.92 Invoice 249684 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $512.92 Refer 111108 WINE NEWS INCORPORATED Cash Payment E 609 -49750 -255 Misc Merchandise For R 11 -08 PUBLICATION $14.85 Invoice 980322 11/11/2008 Transaction Date 10130/2008 Wells Fargo 10100 Total $14.85 Refer 111108 XCEL ENERGY _ Cash Payment E 101 -43100 -381 Electric Utilities 10 -08 #51- 8823517 -6 5455 LYNWOOD TEMP $49.50 Invoice 245434665 11/11/2008 Transaction Date 10/30/2008 Wells Fargo 10100 Total $49.50 • -2355- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 285 MOUND HRA 351 2001 -C G.O. Improvement 401 GENERAL CAPITAL PROJECTS 475 TIF 1 -3 Mound Harbor Renaissan 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND City of Mound Payments Current Period: November 2008 10100 Wells Fargo $30,488.71 $22,910.27 $6,004.00 $100.00 $106.50 $41,120.83 $102,123.95 $6,721.46 .$1,699.61 $86,037.26 $17,319.51 $314,632.10 Pre - Written Check $0.00 Checks to be Generated by the Compute $314,632.10 Total $314,632.10 • -2356- 11/06/08 10:20 AM Page 15 Consulting Engineers & Surveyors • 2638 Shadow Lane Suite 200 • Chaska, MN 55318 =1172 Phone (952) 448 - 8838 *TAX (952) 448 -8805 November 5, 2008 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 RE: 2008 Street Improvement Project City Project No. PW -08 -01 Pay Request No, 5 Dear Ms. Hanson: Please find enclosed Pay Request No. 5 from S.M. Hentges & Sons, Inc. for work completed on the 2008 Street Improvement Project from September 25, 2008 through, October 25, 2008.. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $300,906.38 to S.M. Hentges & Sons, Inc. Sincerely, BOLTON & MEND, INC. Daniel L. Faulkner, P.E. Mound City Engineer c: Carlton Moore, Director of Public Works Catherine Pausc`he, Director of Finance F:\MOUN\C1239740\Pay EstimateslLtr of Reedn, Pay't NoA.doc MANKATO, MN o FAIRMONT, MN • SLEEPY EYE, MN • BURNSVILLE, MN •WILLMAR, MN • CHASKA, MN • AMES, [A www,bolton- menk.com An Equal Opportunity Employer -2357- f � �J APPROVED FOR PAYMENT: Owner: CITY OF MOUND By Name Title Date And _ Name Title Date -2358- DATE: 11/4/2008 CONTRACTOR'S PAY REQUEST NO. 5 CONTRACTOR S.M. Hentges & Sons • 2008 STREET IMPROVEMENTS. OWNER City of Mound CITY PROJECT NO. PW -08-01 ENGINEER Bolton & Menk BMI PROJECT NO. C12.39740 FOR WORK', COMPLETED FROM 9/25/2008 THROUGH 10/25/2008 TOTALAMOUNT BID :....... .............................. .............................:: ....... ......... ...... .....,......................... $ 1,969;721.00 APPROVEDCHANGE ORDERS............ ...................... . ; ....... ..._.......... ........... _ ...........:............. $ - CURRENT CONTRACT AMOUNT ... ............................... ..........,.. ....... .,;......:.................. ............. $ 1,969,721.00 TOTAL, COMPLETED WORK TO DATE .............. ............................... ........ . ................ . .... I .................... I ........ . $ 2,069,054.26 TOTAL, STORED MATERIALS TO DATE .......................................... ............................... ......... ...................... $ DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED ....................::........ ............................... $ - TOTAL, COMPLETED WORK & STORED MATERIALS .... ............................... ......... ......... ...................... $ 2,069,054.26. RETAINED PERCENTAGE ( 5 %) ............... ............................... ......... ...... ............................... $ 103,452.71 TOTAL AMOUNT OF OTHER DEDUCTIONS ........ ... .......................:....... ............................. $ NET AMOUNT DUE TO CONTRACTOR TO DATE ....:....... ............................... ................ :.............................. $ 1,965,661.54 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES ......... ............................... ........ ....... ....................I.......... $ 1,664,695.16 PAY CONTRACTOR AS ESTIMATE NO. 5 ........ ................................................................. ............................... $ 306,906.38 • 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 amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor: S.M. Hentges & Sons, Inc. 650 Quaker Avenue P.O. Box 69' Jordan, MN 55352 -0069 By Name Title APPROVED FOR PAYMENT: Owner: CITY OF MOUND By Name Title Date And _ Name Title Date -2358- ...,.. rY\ November 5, 2008 Consulting Engineers & Surveyors 2638 Shadow Lane - Suite 200 - Chaska, MN 55318 -1172 Phone (952) 448 -8838 - FAX (952) 448- 8805 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 RE: 2007 Storm Drainage Improvements City Project No. PW -07 -04 Pay Request No. 6 and Final Dear Ms. Hanson: Please find enclosed ;Pay Request No. 6 and Final from Kusske Construction, Inc. for work completed on the 2007 Storm Drainage Improvement Project through August I5, 2008., All work . on this project has been satisfactorily completed. We have reviewed the contractor's final payment request, verified quantities and recommend final payment in the amount of $15, 968.51 to Kusske Construction. In addition, we have received. all required contract documentation and we recommend acceptance of the 2007 Drainage Improvement Project. Sincerely, BOLTON & MENK, INC. Daniel L. Faulkner, P.E. Mound City Engineer c; Carlton Moore, Director of Public Works Catherine Pausche, Director of Finance F:IMOUN\C I2384771Pay Est\Ltr of Recdn, Pay't No. 5.doc MANKATO, MN • FAIRMONT, MN + SLEEPY EYE, MN • BURNSVILLE, MN OW1LLMAR; MN • CHASKA, MN • AMES, IA www,bolton- menk'.com An Equal Opportunity Fmplorr -2359- C • �J CONTRACTOR'S PAY REQUEST 6 & FINAL 2007 STORM DRAINAGE IMPROVEMENTS CITY OF MOUND BMl PROJECT NO. C12.38477 CITY OF MOUND PROJECT NO. PW -07-04 CONTRACTOR. OWNER ENGINEER, TOTALAMOUNT BID ......... .............................. ..................... ....................................................... $ 197,088.00 APPROVED CHANGE ORDERS ...................................................... ............................... $ - CURRENT CONTRACT AMOUNT........ . ...................:- :......... ..................., ............. $ 197,088.00 TOTAL, COMPLETED WORK TO DATE ....................... $227,372.30 TOTAL, STORED MATERIALS TO DATE ...................................................... ............................... $ DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED ................... ... $ TOTAL, COMPLETED WORK& STORED MATERIALS ......................................................... ,......... $ 227,372.30 RETAINED PERCENTAGE ( 0 %) ........................................................ ............................... $ - TOTALAMOUNT OF OTHER DEDUCTIONS ............................................................................. ............................... NET AMOUNT DUE TO CONTRACTOR TO DATE ......................... ....................... ............... $ 227,372.30 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES ...................................... ............................... $ 211,403.79 PAY CONTRACTOR AS ESTIMATE NO.6 $ 15,968.51 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 amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that allclaims against me by reason of the Contract have been paid or satisfactorily secured. Contractor: Kusske Construction 424 N Chestnut Street, #204 Chaska, MN 55318 By Name Title Date CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & 9NK, INC., ENGINEERS, 38 SHADOW LN, SUITE 200, CHASKA MN 55318 i ' ' By � 4 ,PROJECT ENGINEER Daniel L. F ulkner Date r 1 "^�- o v APPROVED FOR PAYMENT: Owner: CITY OF MOUND By Name Title Date. And Name 5 ate - 2360 Consulting Engineers & Surveyors 2638 Shadow Lane - Suite 200 - Chaska, MN 55318 -1172 Phone (952) 448 -8838 • FAX {952} 448 -8805 November 5, 2008 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 RE: 2008 Lift Station Improvements. City Project No. PW -08 -04 Pay Request No. 2 Dear Ms. Hanson: Please find enclosed Pay Request No.2 from Geislinger & Sons, Inc. for work completed on the . 2008 Lift Station Improvements Project from September 26, 2008 through October 27, 2008. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $70,375.87 to Geislinger & Sons, Inc. Sincerely, BOLTON & MENK, INC. Daniel L. Faulkner, P.E. Mound City Engineer Cc: Carlton Moore, Director of Public Works Catherine Pausche; Director of Finance F:\MOUN\C1239898\Pay Application .Roadway\Ltr of Recdn, Pay't No.3.doc MANKATO, MN • FAIRMONT, MN • SLEEPY EYE, MN • BURNSVILLE, MN •WILLMAR, MN • CHASKA, MN e. AMES, IA • www.bolton- menk.com An Equal Opportunity.Employer -2361- CONTRACTOR'S PAY REQUEST NO. 2 LIFT STATION RECONSTRUCTION CITY PROJECT NO. PW -08 -04 CITY OF MOUND BMI PROJECT NO. C12.40096 TOTAL ORIGINAL CONTRACT AMOUNT............ ................. ............................... ......... APPROVED CHANGE ORDER NO'. CONTRACTOR OWNER ENGINEER $ 346,530.00 $ TOTAL, CURRENT CONTRACT AMOUNT ............................ ......... ......:.: $ 346,530.00 TOTAL, COMPLETED WORK TO DATE .... ................................................ ............................... $ 352,070.37 TOTAL, STORED MATERIALS TO DATE .................................................... ............................... $' DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED ........................... $ - TOTAL, COMPLETED WORK & STORED MATERIALS ................................ ............................... $ 352,070.37 RETAINED PERCENTAGE ( 5% ) .... ............................... ............ $ 17,603.52 TOTAL AMOUNT OF OTHER DEDUCTIONS .......................... ............................... ........... $ - NET AMOUNT DUE TO CONTRACTOR TO DATE .....................................:. ............................... $ 334,466.85 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES $ 264,090.98 PAY CONTRACTOR AS ESTIMATE NO. 2 .............................. ............ ................ $ 70,375.87 Certificate for Partial Payment 1 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: Geislinger And Sons, Inc. 36850' 654th Avenue Watkins, Mn 55389 By Name Title Date CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., ENGINEERS, 2638 SHADOW LN, SUITE 200; CHASKA MN 55318 —"6 KCITY ENGINEER DANIEL L. FAULKNER, P.E: ` Da e APPROVED FOR PAYMENT: Owner: CITY OF MOUND By. _ Name Title Date F: \MOUN\C1240096 \Pay Applications \pay request 2.xls ,P -2362- CITY OF MOUND RESOLUTION NO. 08 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2009 ISLAND VIEW DRIVE /DORCHESTER ROAD STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT WHEREAS, pursuant to a resolution of the Council adopted October 14, 2008, a report has been prepared by Bolton & Menk, Inc. with reference to the improvement of Island View Drive from the west end to Dorchester Road, and Dorchester Road from Island View Drive to Tuxedo Boulevard, and this report was received by the Council on October 14, 2008, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $1,301,000.00. 2. A public hearing shall be held on such proposed improvement on the 9th day of December, 2008, in the council chambers of city hall at 7:30 p.m. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 10th day of November, 2008. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk L_ J -2363- Feasibility Report for Island View Drive Improvements City of Mound, Minnesota el . �k AL Prepared by: Bolton & Menk, Inc. 2638 Shadow Lane Suite 200 Chaska, MN 55318 November 10, 2008 • BO LTON & M r-= 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 November 10, 2008 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 RE: Island View Drive Improvements Honorable Mayor and City Council Members: 1 NC® As requested, we have prepared a feasibility study for the improvements of the Island View Drive streets, utilities and retaining walls. We have included the proposed method of financing and maps showing the locations of the proposed improvements. We are available to discuss this report at your convenience. Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. City Engineer DF /skk DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. Feasibility Study For Island View Drive Improvements City of Mound, Minnesota I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Daniel L. Faulkner Date: November 10, 2008 Registration No. 19956 TABLE OF CONTENTS I. FORWARD ........................................................................................................ ..............................1 II. CONCLUSIONS AND RECOMMENDATIONS ............................................. ..............................2 III. INTRODUCTION: ........................................................................................................................... 3 IV. EXISTING CONDITIONS ................................................................................ ..............................4 V. IMPROVEMENTS: ......................................................................................................................... 4 VI. ADVANTAGES /DISADVANTAGES OF CONCRETE AND BITUMINOUS PAVEMENTS ...6 VII. EASEMENTS: ................................................................................................................................. 7 VIII. ENGINEER'S ESTIMATE: ............................................................................................................. 7 IX. PROJECT FINANCING .................................................................................... ..............................8 X. TYPICAL ASSESSMENT: .............................................................................................................. 8 XI. PROJECT SCHEDULE: ................................................................................................................ 10 APPENDIX A ' Feasibility Report Island View Drive Improvements ' City of Mound I. FORWARD This study has been prepared to evaluate the feasibility of the reconstruction of Island View Drive and Dorchester Road as part of the Street Reconstruction Program. The ' Street Reconstruction Program was established to rate the condition of existing streets in order to establish a plan that would minimize long term roadway replacement costs and preserve the integrity of the City's infrastructure through routine maintenance. The ' preparation of this report reviews the feasibility of adhering to the programs' intent of cost effectively meeting the maintenance and preservation goals of the City of Mound for the 2009 portion of the Program. ' Various criteria are used to evaluate each roadway section and existing infrastructure to determine the recommended construction required. The criteria used for rehabilitation ' work includes but is not limited to the following general evaluation considerations: A. Areas that have been the subject of resident concerns or complaints are reviewed for the feasibility of repairing the problem. iB. Excessive pavement cracking and locations of total pavement failure (potholes, settlements, etc.), which signify subgrade failure and an increased rate of ' deterioration. C. Cracked, broken, settled or heaved curb and gutter are noted for replacement to prevent drainage into the subgrade that promotes more extensive deterioration of ' the pavement. D. Areas experiencing poor drainage are evaluated to see if pavement and curb drainage patterns can be modified to correct the drainage issues or if storm sewer modifications are required. E. The location and frequency of watermain breaks and repairs are investigated to ' determine if replacement is necessary to eliminate sudden water disruptions and avoid roadway patches and damage associated with the repairs. After the above evaluation has been completed, the following general practices are followed for the street improvements: A. Roadways subject to watermain or storm sewer replacement are generally specified for reconstruction as the trenching operation required for this work would generally remove a majority of the roadway. ' B. Roadways that have significant cracking, pavement failures, or subgrade failures observed by roadway heaving and settlements as described above are designated for reconstruction. ' The findings from the above evaluations were used in determining the feasibility for the Island View Drive Improvement Project. The following recommendations meet the goals of the Street Rehabilitation Program by preserving and maintaining the infrastructure of ' the City of Mound in a cost effective manner. © Bolton & Menk, Inc. 2008, All Rights Reserved C12.040420 ' Page 1 November 10, 2008 � I Feasibility Report Island View Drive Improvements City of Mound ' II. CONCLUSIONS AND RECOMMENDATIONS Conclusions drawn from studies and investigations are: ' A. The proposed street, retaining wall, and utility improvements are feasible from an engineering standpoint. B. If the recommended streets are not reconstructed at this time, significant ' maintenance work will be required particularly in areas that have settlement, significant cracking, and poor drainage. ' C. Temporary construction easements and /or additional permanent right -of -way may be required in areas where: retaining walls are being repaired; utility replacement is near the right of way; or there is major reconstruction of existing roadways. D. Three improvement options were evaluated, with the following estimated street reconstruction costs: I 1. Option 1: Reconstruct to Existing Conditions: $1,067,000 2. Option 2: Reconstruct with all Concrete: $1,301,000 ' 3. Option 3: Reconstruct with all Bituminous: $793,000 ' E. In addition to the initial costs for bituminous and concrete, there are other differences between the two pavement types to consider as indicated in Section VI of this report. i Based on these conclusions we recommend: A. Island View Drive and Dorchester Road be completely reconstructed as recommended with bituminous pavement at an estimated total street project cost of $793,000. And alternate "all concrete" bid is also recommended due to the uncertainty of future material prices. B. The utilities including watermain services, sanitary repairs and storm sewer be reconstructed at an estimated total project cost of $235,000, including associated ' street costs. C. The proposed retaining walls be reconstructed at an estimated total project cost of ' $111,000. D. All projects be included in construction bonds acquired by the City. ' E. The project be assessed in accordance with the City's Street Construction and Reconstruction Policies. J *Bolton & Menk, Inc. 2008, All Rights Reserved 012.040420 Page 2 November 10, 2008 Feasibility Report Island View Drive Improvements City of Mound ' III. INTRODUCTION: On October 14, 2008, the Mound City Council ordered the preparation of a Feasibility Report for the proposed Island View Drive Improvement Project. The purpose of this ' report is to evaluate the feasibility of. reconstructing existing streets within the proposed project area, reconstructing existing retaining walls within the project area as necessary, and improving utility infrastructure in coordination with the street improvement project. ' Because the existing sland View Drive and Dorchester 8 Road are partially constructed of ' concrete pavement and partially constructed of bituminous pavement, three options have been evaluated to determine which is the most feasible and cost effective. The first option is to reconstruct Island View Drive back to its current condition (as shown on ' Figure 2 in the Appendix A of this report) with concrete pavement from the west end to Clyde Road and with bituminous pavement from Clyde Road to Dorchester Road and on Dorchester Road to Tuxedo Boulevard. The second option is to reconstruct the entire I project area with concrete pavement and the third and final option is to reconstruct the entire project area with bituminous pavement. ' City of Mound staff together with Bolton & Menk and American Engineering Testing performed an evaluation of the existing condition of Island View Drive and Dorchester Road. The type of proposed street improvement was determined from the existing pavement condition and location of proposed utility improvements. Typically, streets with poor pavement condition or underlying utilities scheduled for improvement would be reconstructed from curb to curb and streets that do not have underlying utilities ' scheduled for repair and are not it need of full reconstruction would be rehabilitated using mill and overlay on the bituminous portion of the street and concrete pavement rehabilitation techniques on the concrete. However, it was determined that Island View ' Drive and Dorchester Road are too deteriorated for rehabilitation techniques to be a cost effective maintenance solution, therefore complete reconstruction of the entire project area was considered for this report. Location maps for all proposed improvements are in Appendix A of this report. © Bolton & Menk. Inc. 2008, All Rights Reserved C12.040420 Page 3 November 10, 2008 Feasibility Report Island View Drive Improvements Citv of Mound IV. EXISTING CONDITIONS The soils in the project area were classified as natural till and sandy lean clay. These types of soils are moderately susceptible to frost heave and spring thaw weakening and possess poor drainage characteristics. The existing streets and storm sewer were constructed sometime between the mid 1940s and the mid 1960s with the street widths ranging from 18 feet to 28 feet measured from the back of curb. The bituminous portions of the roadway are typically 3.5 inches of bituminous base and 1.5 inches of bituminous wear course with no aggregate base and the concrete pavement ranges in thickness from 7.5 inches to 10.25 inches with very little to no aggregate base. The streets were also constructed with concrete curb and gutter. Many of the existing retaining walls adjacent to the project are constructed of a natural limestone flagstone and range in height from 1.5 feet to 6.5 feet. Walls that have failing portions, large cracks, are unsightly, are leaning or have excessive vegetation growth between the stones will be replaced as part of the street project. V. IMPROVEMENTS: A. Streets: 1. Three options have been evaluated for the street reconstruction as stated above. All three options will include the removal of all existing bituminous and concrete pavement and excavating down to the sub -grade along with the removal and replacement of curb and gutter. The sub -grade under the streets will be corrected if needed and the street will be reconstructed with geo- textile fabric and a new pavement section based on the option. 2. Option 1: Reconstruct to Existing Conditions: The first option consists of reconstructing Island View Drive and Dorchester Road back to the existing pavement materials. The portion of Island View Drive from the west end to Clyde Road would be constructed with 6 inches of concrete pavement with an integral curb and 5 inches of Class 5 aggregate base. The remaining portion of the project would be constructed with 8 inches of Class 5 aggregate base; 3%2 inches of bituminous pavement and new concrete curb and gutter, which is the City's current standard section. All street segments would be constructed at their existing widths as shown on Figure 2 in Appendix A. 3. Option 2: Reconstruct with all Concrete: The second option consists of reconstructing Island View Drive and Dorchester Road to their existing widths with 6 inches of concrete pavement with an integral curb and 5 inches of Class 5 aggregate base. 4. Option 3: Reconstruct with all Bituminous: The third and final option consists of reconstructing the entire project area with the City's current standard street section of 8 inches of Class 5 aggregate base; 3'/2 inches of © Bolton & Menk, Inc. 2008, All Rights Reserved C12.040420 Page 4 November 10, 2008 Feasibility Report Island View Drive Improvements City of Mound bituminous pavement and new concrete curb and gutter at their existing street widths. B. Watermain: Because a majority of the watermain in the project area is not under the street and has not had significant maintenance issues, it will not be reconstructed as part of this project. However, there are some service repairs that may be required to relocate curb stops due to retaining wall construction. All watermain repairs are proposed to be financed by the City's Watermain Utility Fund and are not included in the street assessment. C. Storm Sewer: In several locations throughout the project existing pipe sizes may be increased and additional inlets may be added to help drain low spots and overloaded areas. Storm sewer will be added to the west end of Island View Drive and at Dorchester Road to facilitate better drainage in these areas. All existing inlet castings will be upgraded with high velocity grates and all storm sewer structures will be reconstructed. All storm sewer ' construction is proposed to be financed by the City's Storm Sewer Utility Fund and is not included in the street assessments. D. Sanitary Sewer: All areas within the project are currently served by the City's sanitary sewer system. All lines will be televised by City staff and any needed ' repairs will be included in this project. The cost of repair or replacement is proposed to be financed by the Sewer Utility Fund and is not included in the street assessments. ' E. Retaining Wall Replacement: Retaining walls adjacent to streets included in the Island View Drive Improvement Project will be reconstructed as needed to meet the current City standard. Nearly all walls range in height from 1.5 feet to 6.5 feet and are typically very close to the back of curb. Wall replacement and ' evaluation criteria include: the extent of failing wall area; the number of large cracks; and excessive vegetative growth between stones. Many of the walls are currently made of limestone flagstone. The addition of a new retaining wall will also be required east of Roanoke Road to allow for construction of a flattened curve, as shown on Figure 4 in Appendix A. The new walls will be constructed of modular block in accordance with current City standards and are proposed to be funded by the Retaining Wall Reconstruction Fund and are not included in the street assessments. © Bolton & Menk, Inc. 2008, All Rights Reserved C12.040420 ' Page 5 November 10, 2008 Feasibility Report Island View Drive Improvements Citv of Mound VI. ADVANTAGES /DISADVANTAGES OF CONCRETE AND BITUMINOUS PAVEMENTS As the City determines which of the pavement options will best meet their needs and those of the benefitting property owners, it is important to look at the differences in the types of pavements with regards to things such as life expectancy of the pavement and the maintenance needs and costs of the different pavements. Some of the things that should be considered are as follows: A. Concrete Pavement: 1. Advantages: a. Longer life, approximately 35 years vs. 20 year for bituminous b. Less maintenance required c. Looks "new" longer than bituminous pavement 2. Disadvantages: a. It takes approximately 3 days to cure the new pavement before traffic can drive on it. b. Maintenance on concrete pavement is more costly than maintenance on bituminous. c. Concrete repair requires longer cure time than bituminous. d. Higher initial cost and maintenance costs. B. Bituminous Pavement: 1. Advantages: a. Allows traffic on new pavement much sooner than concrete (which could be a significant issue on this project with current roadway widths at only 18 feet). b. Lower initial construction cost. c. Less costly maintenance and repair. d. The City crews are familiar with the repair techniques and products. 2. Disadvantages: a. Requires more maintenance than concrete to reach its 20 year life (seal coating, crack sealing, mill and overlays, etc.) © Bolton & Menk, Inc. 2008, All Rights Reserved Page 6 012.040420 November 10, 2008 Feasibility Report Island View Drive Improvements City of Mound VII. EASEMENTS: The existing street right -of -way ranges from 16 feet to 32 feet. Easements may be required in locations where there are significant repairs to the street section and where utilities scheduled for replacement are close to the existing right of way. The exact locations of the right -of -way and any easements needed will be determined during final design. Easement costs are not included in the Island View Drive Improvement Project estimates. VIII. ENGINEER'S ESTIMATE: The costs associated with the three evaluated options for the Island View Drive Improvement Project are outlined below. An itemized list and map for the area are included in Appendix A. Option 1: Reconstruct to Existing Conditions: Total Estimated Street Cost: $1,067,000 Total Estimated Utility Cost (incl. associated street cost): $235,000 Total Estimated Retaining Wall Cost: $111,000 Total Estimated Project Cost, Option 1: $1,413,000 Option 2: Reconstruct with all Concrete: Total Estimated Street Cost: $1,301,000 Total Estimated Utility Cost (incl. associated street cost): $235,000 Total Estimated Retaining Wall Cost: $111,000 Total Estimated Project Cost, Option 2: $1,647,000 Option 3: Reconstruct with all Bituminous: Total Estimated Street Cost: $793,000 Total Estimated Utility Cost (incl. associated street cost): $235,000 Total Estimated Retaining Wall Cost: $111,000 Total Estimated Project Cost, Option 3: $1,139,000 All the above project costs include 30% soft costs for engineering, financing, administration, etc. Itemized cost estimates are included in Appendix A of this report. These above stated estimates do not include the costs for any easements that may be required for construction. C Bolton & Menk, Inc. 2008, All Rights Reserved C12.040420 Page 7 November 10, 2008 Feasibility Report Island View Drive Improvements City of Mound IX. PROJECT FINANCING The Island View Drive Improvement project will be assessed according to the City's Street Construction and Reconstruction Policies. This policy states that two - thirds (2/3) of the costs for the project will be assessed to benefiting properties and the remaining one -third (1/3) shall be paid by the City. Public improvement bonds will finance all project elements with the associated street assessments levied over a period of time, which will be determined by the City Council (typically a 15 year period). The City's share of the project will be paid through the general levy. Option 1: Reconstruct to Existing Conditions Amount Assessed to Benefiting Properties (2/3) _ $715,000 Amount Paid by the City (1/3) _ $352,000 Total Estimated Street Costs = $1,067,000 Option 2: Reconstruct with all Concrete Amount Assessed to Benefiting Properties (2/3) _ $872,000 Amount Paid by the City (1 /3) _ $429,000 Total Estimated Street Costs = $1,301,000 Option 3: Reconstruct with all Bituminous Amount Assessed to Benefiting Properties (2/3) _ $531,000 Amount Paid by the City (1/3) _ $262,000 Total Estimated Street Costs = $793,000 Retaining Wall Reconstruction: Amount Paid from Retaining Wall Reconstruction Fund = $111,000 Utility Improvements: Amount Paid from respective Utility Funds = $235,000 ' X. TYPICAL ASSESSMENT: The assessments for residential lots will be determined by the Unit Method as described in the City of Mound's Street Construction and Reconstruction Policies. The total ' amount assessed to the benefiting properties will also be reduced by the Utility Street Cost. The Utility Street Cost is determined by estimating the cost of repairing a street ' back to the standard city section due to the utility replacement if the street was not to be fully reconstructed for this project. The Street Utility Cost is paid from the applicable Utility Fund. Because there are no commercial properties benefiting from the improvements to Island View Drive and Dorchester Road, the complete assessable street costs will be distributed among the benefitting residential property owners by the Unit Method. The project (0 Bolton & Menk, Inc. 2008, All Rights Reserved C12.040420 ' Page 8 November 10, 2008 Feasibility Report Island View Drive Improvements City of Mound includes a total of 118.5 equivalent residential units (ERUs). The assessable portion divided by the number of ERUs determines the assessment. Option 1: Reconstruct to Existing Conditions Total Amount to be Assessed (2/3) _ $715,000 Total Benefiting ERUs = 118.5 Estimated Per Unit Assessment= $6,034 Option 2: Reconstruct with all Concrete Total Amount to be Assessed (2/3) _ $872,000 Total Benefiting ERUs = 118.5 Estimated Per Unit Assessment= $7,357 Option 3: Reconstruct with all Bituminous Total Amount to be Assessed (2/3) _ $531,000 Total Benefiting ERUs = 118.5 Estimated Per Unit Assessment= $4,485 Some potential exceptions to the typical single unit assessment are: multifamily homes with more than two dwelling units will be assessed three- quarters (3/4) of a typical assessment per unit, corner lots with multiple City streets that only have improvements on one or two sides of the lot will only be charged one -half (1/2), one -third (1/3), or two - thirds (2/3) of a typical assessment depending on how many streets the lot fronts. Also, new concrete driveway aprons are to be fully assessed to the individual benefiting property. © Bolton & Menk, Inc. 2008, All Rights Reserved Page 9 C12.040420 November 10, 2008 Feasibility Report Island View Drive Improvements Citv of Mound XI. PROJECT SCHEDULE: November 10, 2008 December 9, 2008 December 2008 - February 2009 March, 2009 April, 2009 April, 2009 May, 2009 October, 2009 June, 2010 Summer, 2010 Council receives report and calls for Public Hearing Council holds Public Improvement Hearing and orders project Plans and Specifications prepared Council approves Final Plans and sets Bid Date Bids are opened Council Awards Contract Construction Begins Substantial Completion of Project Final Completion of Project Council holds Assessment Hearing © Bolton & Menk, Inc. 2008, All Rights Reserved C12.040420 Page 10 November 10, 2008 Appendix A Feasibility Report 2009 Island View Drive Improvments City of Mound PRELIMINARY COST ESTIMATE OPTION 1: RECONSTRUCT TO EXISTING CONDITIONS Item Unit Unit Price Estimated Quantity Estimated Cost REMOVE & DISPOSE BITUMINOUS PAVEMENT SQ YD $3.00 5,060 $15,180.00 REMOVE & DISPOSE CONCRETE PAVEMENT SQ YD $4.00 7,010 $28,040.00 COMMON EXCAVATION CU YD (EV) $10.00 2,520 $25,200.00 REMOVE CURB & GUTTER LIN FT $4.00 4,130 $16,520.00 ADJUST FRAME & RING CASTING EACH $40.00 17 $680.00 $0.00 BITUMINOUS WEAR TON $65.00 450 $29,250.00 BITUMINOUS NON -WEAR TON $55.00 600 $33,000.00 CONCRETE PAVEMENT (INCL. CURB & GUTTER) SQ YD $50.00 7,010 $350,500.00 AGGREGATE BASE CL 5 TON $16.00 5,600 $89,600.00 GEO- FABRIC SQ YD $2.00 14,220 $28,440.00 CURB & GUTTER LIN FT $10.00 4,130 $41,300.00 SODDING SQ YD $3.00 1,240 $3,720.00 DRIVEWAY REPAIR LS $80,000.00 1 $80,000.00 LANDSCAPING LS $20,000.00 1 $20,000.00 IRRIGATION/INVISIBLE FENCE REPAIR LS $15,000.00 1 $15,000.00 SUBGRADE EXCAVATION CU YD (EV) $10.00 950 $9,500.00 GRANULAR BORROW TON $15.00 1,750 $26,250.00 TRAFFIC CONTROL LS $5,000.00 1 $5,000.00 FIELD OFFICE LS $10,000.00 1 $10,000.00 SUBTOTAL $827,180.00 MOBILIZATION (5 %) $41,359.00 TOTAL ESTIMATED STREET CONSTRUCTION COST $868,539.00 ENGINEERING, LEGAL & ADMIN (30 01.) $260,561.70 TOTAL ESTIMATED STREET COSTS $1,129,100.70 DEDUCT STREET CONSTRUCTION OVER UTILITIES $61,763.15 TOTAL ESTIMATED ASSESSABLE STREET COST $1,067,33Z55 TOTAL ESTIMATED UTILITY COST (INCL. ASSOCIATED STREET) $234,469.77 TOTAL ESTIMATED RETAMING WALL COST $111,249.68 TOTAL ESTIMATED PROJECT COST: $1,413,057.01 Bolton Menk, Inc. 2008, All Rights Reserved Page 1 of 5 C12.04020 November 10, 2008 Feasibility Report 2009 Island View Drive Improvements City of Mound I I PRELIMINARY COST ESTIMATE OPTION 2: RECONSTRUCT WITH ALL CONCRETE Item Unit Unit Price Estimated Quantity Estimated Cost REMOVE & DISPOSE BITUMINOUS PAVEMENT SQ YD $3.00 5,060 $15,180.00 REMOVE & DISPOSE CONCRETE PAVEMENT SQ YD $4.00 7,010 $28,040.00 COMMON EXCAVATION CU YD (EV) $10.00 2,520 1 $25,200.00 REMOVE CURB & GUTTER LIN FT $4.00 4,130 $16,520.00 ADJUST FRAME & RING CASTING EACH $40.00 17 $680.00 $0.00 CONCRETE PAVEMENT (INCL. CURB & GUTTER) SQ YD $50.00 12,980 $649,000.00 AGGREGATE BASE CL 5 TON $15.00 4,400 $66,000.00 GEO- FABRIC SQ YD $2.00 14,220 $28,440.00 SODDING SQ YD $3.00 1,240 $3,720.00 DRIVEWAY REPAIR IS $80,000.00 1 $80,000.00 LANDSCAPING LS $20,000.00 1 $20,000.00 IRRIGATION /INVISIBLE FENCE REPAIR LS $15,000.00 1 $15,000.00 SUBGRADE EXCAVATION CU YD (EV) $10.00 950 $9,500.00 GRANULAR BORROW TON $15.00 1,750 $26,250.00 TRAFFIC CONTROL LS $5,000.00 1 $5,000.00 FIELD OFFICE LS $10,000.00 1 $10,000.00 SUBTOTAL $998,530.00 MOBILIZATION (5 %) $49,926.50 TOTAL ESTIMATED STREET CONSTRUCTION COST $1,048,456.50 ENGINEERING, LEGAL & ADMIN (30 %) $314„536.95 TOTAL ESTIMATED STREET COSTS $1,362,993.45 DEDUCT STREET CONSTRUCTION OVER UTILITIES $61,763.15 TOTAL ESTIMATED ASSESSABLE STREET COST $1,301,230.30 TOTAL ESTIMATED UTILITY COST (INCL. ASSOCIATED STREET) $234,469.77 TOTAL ESTIMATED RETAINING WALL COST $111,249.68 TOTAL ES77MATED PROJECT COST: $1,646,949.76 Bolton Menk, Inc. 2008, All Rights Reserved Page 2 of 5 C12.040420 November 10, 2008 Feasibility Report 2009 Island View Drive Improvements City of Mound IPRELIMINARY COST ESTIMATE OPTION 3: RECONSTRUCT WITH ALL BITUMINOUS Item Unit Unit Price Estimated Quantity Estimated Cost REMOVE & DISPOSE BITUMINOUS PAVEMENT SQ YD $3.00 5,060 $15,180.00 REMOVE & DISPOSE CONCRETE PAVEMENT SQ YD $4.00 7,010 $28,040.00 COMMON EXCAVATION CU YD (EV) $10.00 2,520 $25,200.00 REMOVE CURB & GUTTER LIN FT $4.00 4,130 $16,520.00 ADJUST FRAME & RING CASTING EACH $40.00 17 $680.00 $0.00 BITUMINOUS WEAR TON $65.00 910 $59,150.00 BITUMINOUS NON -WEAR TON $55.00 1,215 $66,825.00 AGGREGATE BASE CL 5 TON $15.00 7,050 $105,750.00 GEO- FABRIC SQ YD $2.00 14,220 $28,440.00 CURB & GUTTER LIN FT $10.00 11,140 $111,400.00 SODDING SQ YD $3.00 1,240 $3,720.00 DRIVEWAY REPAIR LS $80,000.00 1 $80,000.00 LANDSCAPING LS $20,000.00 1 $20,000.00 IRRIGATION/INVISIBLE FENCE REPAIR LS $15,000.00 1 $15,000.00 SUBGRADE EXCAVATION CU YD (EV) $10.00 930 $9,300.00 GRANULAR BORROW TON $15.00 1,750 $26,250.00 TRAFFIC CONTROL LS $5,000.00 1 $5,000.00 FIELD OFFICE LS $10,000.00 1 $10,000.00 SUBTOTAL $626,455.00 MOBILIZATION (5 %) $31,322.75 TOTAL ESTIMATED STREET CONSTRUCTION COST $657,777.75 ENGINEERING, LEGAL & ADMIN (30 %) $197,333.33 TOTAL ESTIMATED STREET COSTS $855,111.08 DEDUCT STREET CONSTRUCTION OVER UTILITIES $61,763.15 TOTAL ESTIMATED ASSESSABLE STREET COST $793,347.93 TOTAL ESTIMATED UTILITY COST (INCL. ASSOCIATED STREET) $234,469.77 TOTAL ESTIMATED RETARBNG WALL COST $111,249.68 TOTAL ESTIMATED PROJECT COST. $1,139,067.38 Bolton Menk, Inc. 2008, All Rights Reserved Page 3 of 5 C12.040420 November 10, 2008 Feasibility Report 2009 Island View Drive Improvements City of Mound PRELIMINARY COST ESTIMATE RETAINING WALLS STREET HOUSE NUMBER HEIGHT (FT) LENGTH (FP) AREA (SF) UNIT PRICE FOR REM. & INSTALL TOTAL COST ISLAND VIEW DRIVE 4420 2 30 60 $29.00 $1,740.00 ISLAND VIEW DRIVE 3043 2 98 196 $29.00 $5,684.00 ISLAND VIEW DRIVE 3043 2.3 36 83 $29.00 $2,401.20 ISLAND VIEW DRIVE 4416 1.5 28 42 $29.00 $1,218.00 ISLAND VIEW DRIVE 4431 /3105 1.5 59 89 $29.00 $2,566.50 ISLAND VIEW DRIVE 3118 2.8 90 252 $29.00 $7,308.00 ISLAND VIEW DRIVE 3126 3 85 255 $29.00 $7,395.00 ISLAND VIEW DRIVE 3145 5 108 540 $29.00 $15,660.00 ISLAND VIEW DRIVE 4556 1.7 11 19 $29.00 $542.30 ISLAND VIEW DRIVE 4646/4660 6.5 130 845 $29.00 $24,505.00 ISLAND VIEW DRIVE 4686 2.5 40 100 $29.00 $2,900.00 ISLAND VIEW DRIVE 4764 3.4 38 129 $29.00 $3,746.80 4767 1.7 40 68 $29.00 $1,972.00 ISLAND VIEW DRIVE 4873 3.7 36 133 $29.00 $3,862.80 TOTAL WALL COST 2810 $81,501.60 CONTINGENCIES 5% $4,075.08 TOTAL CONSTRUCTION COST $85,576.68 ENGINEERING, LEGAL, & ADMIN 30% $25,673.00 TOTAL ESTIMATED PROJECT COST $111,249.68 Bolton & Menk, Inc. 2008, All Rights Reserved Page 4 of 5 C12.040420 November 10, 2008 v� d 0 H P4 W N U It i V ti U N 0 M x �a 00 0 0 N S 0 W 0 00 N O et O N O U z tn 6 tn ° m a m m m m m m m m m m m m m m m m m m m O LLJ 00 Z 00 N II Ljj N Ne' A LLJ Ld LLJ LLI ry to LLJ LLJ rK 00 C, f2 z W z w w 0 O 8 z Z 0 :) cr (L 0 � m w o LL. x w Z cn X LLI L Ld LLI t; W w n L 0 z U D Z D 0 U m 0 z 0 z R R Ld LO V. '[ S,� ONUU) 2 ill = m m m = m m m m m = m m = m m = m m C) /non 1 LLJ Ld n n. 4, 0 jo 0 L 2 zW. 3MONV04-� c 0 7 A 2- A z 00 L Ld LLI t; W w n L 0 z U D Z D 0 U m 0 z 0 z R R Ld LO V. '[ S,� ONUU) 2 ill = m m m = m m m m m = m m = m m = m m m m m m m -� -- - I R F- z w w w 0 0 a a m 2 0 > J � 3 U > z_ o Z D U Z ' zz _ s Z= W N � z e � �y ql c A W z J 0 m 0 o� .21 = m = = = = = = m � m m = = ® m � m = 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council FYom: Sarah Smith Date: 11/5/2008 Re: Annual Tree Lighting Ceremony — temporary sign permit SUMMARY A temporary sign permit is being requested by the Mound Chamber and business community to promote the annual Mound tree lighting ceremony to be held on November 20, 2008. The request includes the following: Portable Signs - 2 signs in and around Lost Lake Greenway 0 -1 sign in front of Pond Arena (east side) along Commerce Boulevard • Portable Signs. City Code Section 365 allows for the placement of portable signs and is eligible for administrative approval in most instances subject to conditions. A copy of the portable sign regulations, including the 2007 amendments, is attached. • The portable sign at Pond Arena is eligible for administrative review /approval. Council approval is required for the 2 portable signs to be placed in the Greenway area as it is public property. • No sign other than governmental unit signs shall be erected or placed upon any public way or upon public easement with the exception of garage sale and real estate signage. • The proposed timefi ame for the portable signs meets 10 -day provision. • There is no fee for portable signs. RECOMMENDATION. Staff recommends City Council approval of the temporary sign permit request for the 2008 Mound annual tree lighting ceremony to be held on November 20, 2008 subject to the following conditions: Any and/or all signage is removed immediately following the event. 2. No signs can be placed within any County Road right -of -way unless approval is granted by Hennepin County. 3. The applicant obtain permission from Pond Arena prior to placement. -2364- r An SEASONAL, BANNER & r.az PORTABLE SIGN PERMIT 14 5341 Maywood Road, Mound, MN 55364 APPLICATION Phone 952 - 472 -0600 Fax 952- 472 -0620 SITE Property Address Zone Business Name Phone / Email APPLICANT Name Phon Fax Other OWNER Name Phone Fax Other SIGN Company Name CONTRACTOR Address Contact Person Email Phone Fax Other See City Code Chapter 365.15 Subd 9 and 10 ❑ Seasonal Sign $25 - Dates from to Size feet x feet = sf Message Seasonal Signs - Seasonal signs of a temporary or portable nature may be used in the non - residential districts to promote or advertise on- premise seasonal services or merchandise. Such signs shall be limited to a maximum of thirty -two (32) square feet and shall not be left in place for more than a two (2) month period. Permits and fees shall be required for all seasonal signs, and permits may be issued no more than two (2) times per calendar year per business. ❑ Banner /Pennant $25 - Dates from to Describe event Sign locations (list or attach map) Temporary banners and pennants employed for grand openings or business establishments, special events or promotions and holidays are not exempt from permits and fees and shall be removed within fifteen (15) days upon permit issuance unless an alternate schedule is approved by the City Council. Temporary banners and pennants are prohibited from being placed upon any decorative fencing unless the banner or pennant is used in conjunction with a government, a quasi - public function, or similar- related special event. Permits for banners and pennants can be issued no more than four (4) times per calendar year. Portable Sign (no fee) - Dates from Abj to� Number of signs - Sign locations (list or attach map) Akk4L=5 Describe sign (message, materials, etc.) �P %.,/9 Prfi-�+1 �i��� .., - P p�- 7i"L.�L��2`*�A��'.. 1 �•'7'�f'Ze` %pCy7 �il[ 1 NJ -2365- M Portable Signs used for the purpose of directing the public may be permitted under the following conditions: (a) Said sign is coincidental to, or used in conjunction with, a governmental unit or quasi - public function; and (b) The period of use of said sign shall not exceed ten (10) consecutive days; and (c) Signs shall not be used more than four (4) times during a calendar year; and (d) Signs shall be placed on the premises of the advertised event and /or on such other premises following approval of a temporary sign permit by the City of Mound. Administrative approval of a portable sign permit is permitted if the following conditions are met: 1. The sign is not being placed on public property. 2. Written permission from the property owner of record is provided if being located off - premises. 3. The criteria reference in subsections (a), (b), and (c) above are met. 4. The proposed location of the sign is reviewed and deemed acceptable by Mound Staff, which shall include the Police, Planning, and Engineering Departments, based on the following criteria: • The sign is not being placed in the road right -of -way. • The sign does not obstruct the sight triangle for pedestrian or vehicular traffic. • Placement of the sign does not create any potential traffic or other related hazard; and (e) Portable sign placement on public property requires City Council approval; and (f) Such signs shall require the issuance of a permit but will be exempt from all fees; and (g) In the instance of a multi -use facility, only one seasonal sign may be placed on the premises at any one time. Applicants are advised that incomplete applications or insufficient information can delay the processing of the permit request or may result in the application being rejected. Please fully complete all involved sections of the application and provide as much detail as possible, including, but not limited to, the proposed locations of signs, using addresses or landmarks, and written permission from the property owner for off -site locations. APP �CNT�'SSIGMAUR�E������� (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: �/�6 DATE RECEIVED BY & DATE c PLANS CHECKED BY APPROVED BY & DATE COPIED APPROVED ZONING • -2366- 5341 Maywood Road City of • • i Mound, MN 55364 Planning and B . . Department (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Comm. Dev. Director Date: 11/6/2008 Re: HKGI contract proposal — concept plan /package for federal funding request Summary. A proposal has been prepared by HKGI to provide services to the City of Mound related to the preparation of concept plan(s) and the application materials necessary for the upcoming federal funding package to be prepared by LGN. Comments. • As the Council may recall, the LGN contract for federal lobbying services was signed at its 8/26 meeting. The proposed cost for the federal funding packet is $9800.00. So as to keep costs down, certain activities /tasks associated with the concept plan / funding package will be done in- house. Possible funding source for this project is from the 2008 Planning and Inspection Department budget (Code 300 Professional Services). Members are advised that Staff is working with the Finance Department regarding the appropriate funding source. Recommendation. Approval. -2367- C e • Sarah Smith From: Bruce Chamberlain [Bruce @hkgi.com] Sent: Wednesday, November 05, 2008 8:53 AM To: Sarah Smith; Kandis Hanson Subject: revised proposal Attachments: fed funding prop_11- 5- 08.pdf • 0 Sarah and Kandis, Here is the revised proposal. Let me know if you have any questions. Thanks, Bruce Bruce L. Chamberlain, ASLA Vice President Hoisington Koegler Group Inc. 123 North 3rd Street, #100 Minneapolis, MN 55401 612.252.7140 blc .hkgi.com www.hkgi.com 11/6/2008 -2368- Page 1 of 1 Creative Solutions for Land Planning and Design • Hoisington Koegler Group Inc. Ban November 5, 2008 Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Proposal: Preparation of Federal Transportation Funding Request Packet. Dear Kandis: Thank you for the opportunity to submit this proposal to assist the City of Mound with the federal transportation funding request packet. As you know, HKGi has written several successful grant requests for downtown Mound over the years. We look forward to helping formulate this funding request at such a critical time in the Mound Visions effort. My understanding is that Mound intends to submit a federal appropriation request during the upcoming congressional session. There are several aspects of communicating to elected officials and their staffs the intended use of requested dollars. 1. Scoping: Determine what components of community redevelopment will be included with the request; 0 2. Budgeting: Determine the project costs associated with each component; 3. Telling the Story: Prepare written and graphic communication materials that tell Mound's story and describe the request; 4. Packaging: Assemble communication materials into compelling paper and digital presentations. Specific HKGi work tasks associated with each aspect of the efforts include: Scoping • Prepare a simple evaluation of each possible project element as identified by the City of Mound for that project element's "fit" with the funding request. • Meet with City representatives to review, refine and ultimately determine the list of projects to include. Budgeting • Conduct research and analysis to determine project budgets for each element of the funding request. • Prepare a budget spreadsheet. Telling the Story • Prepare written descriptions of Mound, the Mound Visions effort, what Mound has accomplished, why Mound is a compelling recipient of federal funds and what the funds would be used for. Prepare support graphics that reinforce the funding request. �J 123 North Third Street, Suite 100, Minneapolis, MN 55401 -1659 Ph (612) 338 -0800 Fx (612) 338 -6838 -2369- Kandis Hanson, Proposal — federal funding packet November S, 2008 . Page 2 of 2 Packaging • Prepare a written and graphic packet that describes Mound's funding request. • Prepare Powerpoint presentation as an accompaniment to the paper packet. HKGi proposes to conduct the work described above on an hourly basis for a fee not to exceed $9,800 including reimbursable expenses. This fee includes delivery of sample copies of the final packet and a CD of the presentation. The fee does not include printing of more than five packets or the creation of large - format presentation boards. This will be an exciting effort. Please let me know if you have any questions or need additional clarification. Sincerely, Hoisington Koegler Group Inc. Bruce Chamberlain, ASLA Vice President • L` -2370- TO: FROM: DATE: SUBJECT: APPLICANT: LOCATION: REQUEST: PUBLIC LANDS REPORT Mayor Hanus and City Council Sarah Smith, Community Development Director Jim Fackler, Park Superintendent October 28, 2008 After - The -Fact Permit — Landscaping on Public Property Thomas H. Parker 1558 Dove Lane Removal of existing limestone wall and install new boulder wall, landscaping, install granite steps and re- grade for water drainage. 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: -2371- • • • • Jim Fackler, Park Superintendent: No Comment Sarah Smith, Community Development Director: Waiver of Liability; Hold Harmless Agreement required Any wall(s) over four feet requires building permit (after -the -fact) if applicable Applicant and/or future owners are reminded of Woodland Point Settlement Agreement Ray Hanson — Engineering/Planning Technician: The end of Dove lane should be signed No Parking. Because retaining wall is in the ROW any damage to the wall due to snow plowing or the like the City of Mound will be held harmless for any repairs. Greg Skinner, Public Works Superintendent: Will allow if two no- parking signs are put on narrow piece of right of way SITE INSPECTION City Officials and Board Members are encouraged to visit the site prior to the meeting. PHOTOGRAPHS • Included in application RECOMMENDATION Staff recommends approval with the above conditions. • CITY COUNCIL REVIEW Is required. ATTACHMENTS: • Public Lands Permit Application dated September 30, 2008 • Site survey 2 -2372- IN- Date: October 7, 2008 -- li,lR -- Land Use Application Department and Public Agency Routing and Comment Form Directions: Review and Comment Description: After - the -Fact Permit for Landscaping on Public Property Applicant: Thomas H. Parker Property Address: 1558 Dove Lane Public Hearing: No Parks Commission Date: No City Council Date: 10 -28 -08 City Staff Public Agencies ah Smith, Commun. Devel. ❑ Carlton Moore, PW Director .[Greg Skinner, PW Supervisor O'Jim Fackler, Parks Superintendent 0—kay Hanson, Engineering/Planning Technician ❑ Other COMMENTS: I If I -2373- • • • (AiL) PUBLIC LANDS APPLICATION • 5341 Maywood Road, Mound, MN 55364 Phone 952 -472 -0600 Fax 952 - 472 -0620 Date Received Parks, Open Space and Docks Commission Date City Council Date DISTRIBUTION Building Official Parks Director DNR MCWD Public Works Other Check One 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). tructure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, s s, 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 lecilibiv APPLICANT Name 1SV�KQI% Address P SQ Zbui Lam Phone (H) M L 90 6`47 72(w) ` t -5 "V `_' X90 (M) Z`751 -6063 ABUTTING Address SS p .tl w L-Me PROPERTY PP p / f Lot ® uloo NL�CI, f 014 Block LEGAL DESC. Subdivision r PID# f!� `[(� `r i r (/ - `Zt``43 Plat# ZONING DISTRICT R -1A R -2 R -3 B -1 B -2 B -3 Public Lands Permit Application Page 1 of 2 Revised 1/9/08 -2374- PUBLIC PROPERTY Name Dock Site # Shoreline Type CONTRACTOR Name �a P va vivo Address Phone (H) (w7) 63` 73 °r6OI�m) 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) $ ` 500 DESCRIBE REQUEST & PURPOSE SCaCi�iV� �Pe,,xlS�luct tr«eS�Or�rQ Wk " TAi t( OLW -00tAir ULtALQ&Q QV )A -SQ-1 0 P(u �"COO U� Wt'(( RgLkA \,0,WA6 "AYC `1E-,q-Wy—q jltAg4q- Ll 6om 4e A`yea"o To Uy 4d- (' 0.0i T,/(w ,P ,a Applicant's Signature Date q_3p,0� Public Lands Permit Application Page 2 of 2 Revised 119108 -2375- • • • • Q BOUNDARY SURVEY TOM PARKER 1558 DOVE LANE MOUND, MINNESOTA / CIL, I I n 929.40HW - T Lo F W f z I Wry E 949. NS >D by +�� psi r 1 ut \ r 1 9483 % 949.5 fff 949.1 948.9 a, 1949.1 / 949.8 946. qqq) 1 945.9 IANDSCM'ING / / -J / 1I ' 995, 48.3 F ND IRON PIPE 1.1 FEET Y NORTH AND WEST 944.1 4 950.¢ / 1- FOUND —PIPE 0.5 0 9 a \ ENCHMAItK 944.0 FEEr � 0) 941.6 94Z 9 Ih /D UNE HI q t tlp 949.8 Ovo� 1554�J°/YO!OpO FRP 1 / \ 9 31 Q• /v rtll 937.9 \ �,. I\ l ¢1 ¢ 931.9 N 1-AGCESSoRY 11.g S.p o. lE %STSNG NO 1 /� IV/ glnp41NO0 �' SLO SETBACK � UNE O1 ARO DRryFh•F° 939.2 PR�py0y X)938.4 ll 938.e16.0 >Q.n 93).B 9gt•SX8 �Fp ! I Q, S,4 °4214g�g 2jor 0, 0,3 /^' g45.Z AROP6Rry MEwF9l pF r. NLEGEND SET NAIL LEGAL DESCRIPTION: • SET IRON MONUMENT MN LIC NO. 16321 LOT 4, BLOCK 3, WOODLAND POINT, HENNEPIN COUNTY, p FOUND IRON MONUMENT MINNESOTA. Per Title Policy prepared by Fidelity National Title Insurance Company file No. 27306 - 75299049; poop BOULDER RETAINING WALL together with, That part of Waurika Commons as described in Final Settlement Agreement adjoining Lot 4, Block 3, CONCRETE El WOODLAND POINT, Hennepin County Court File No. MC97- 15540. CERTIFICATION: $COIe in feet I hereby certify that this survey, plan, or report was prepared , 1 by me or under my direct supervision and that I am a duly i 1 Engineering •Surveying Licensed Land Surveyor under the laws of the state of Minnesota. D 2� 4� Landscape Architecture Revisions: 8 -28 -08 Update legal description 9 -04 -08 Update proposed garage HANSEN THORP PELLINEN OLSON, Inc. P,4iiq MN 55344 Reg. No. 16321 Date: 9-04 -06 %510. —"..0 —E— 952.6290100.9528 —M- -2376- BOUNDARY SURVEY TOM PARKER 1558 DOVE LANE MOUND, MINNESOTA Y / \ 'r I DC C% rF ^ �F T0, 4 yo�9�`S�92B � • 16321 - SET IRON MONUMENT MN LIC NO. "- MINNESOTA. Per Title Policy prepared by Fidelity National Title o FOUND IRON MONUMENT l w together with, That part of Waurika Commons as described in /948.9 Final Settlement Agreement adjoining Lot 4, Block 3, WOODLAND POINT, Hennepin County Court File No, CONCRETE El ol IDSCpPING / 1 � � f0UN01 1.1 fEer ^ � ORTN AND ND WESes T / / 1 ^FOUND INON PIPE 0.5 4 FEEr MO AND WEST I ` r2� NEr ZNE 94y,8 DECK lY \ SS r ACKZ/ S'0 1: E %STING 2ol `R�1 NEWftTOf NLEGEND LEGAL DESCRIPTION: 1 a SET NAIL LOT 4, BLOCK 3, WOODLAND POINT, HENNEPIN COUNTY, • 16321 - SET IRON MONUMENT MN LIC NO. "- MINNESOTA. Per Title Policy prepared by Fidelity National Title o FOUND IRON MONUMENT Insurance Company file No. 27306- 75299049; together with, That part of Waurika Commons as described in OOOO BOULDER RETAINING WALL I Final Settlement Agreement adjoining Lot 4, Block 3, WOODLAND POINT, Hennepin County Court File No, CONCRETE El MC97- 15540. CERTIFICATION: I hereby certify that this survey, plan, or report was prepared Scale in feet by me or under my direct supervision and that I am a duly 1 ir Licensed Land Surveyor under the laws of the state of r { 1 Engineering •Surveying Minnesota. D 20 40 �1 �1 Landscape ArchltedUr'e Revisions= "J } 8 -28-08 Update legal description 9 -04 -08 Update proposed garage HANSEN THORP PELLINEN OLSON, Inc. Reg, No. 16321 Date: 9-04 -08 T519 m-N PYU Dme - E — P,ab. MN 5.93aa 9U 629 -DM- 952 829 )8061aa -2377- • • • 0 & • -2378- -2379- • • • { t; 36* . IS ell. 9 r F! 1 MIA AM s -s s 4 r i At W ,¢d G rc , a� CITY OF MOUND • RESOLUTION NO. 08- RESOLUTION TO APPROVE AN AFTER- THE -FACT PUBLIC LANDS PERMIT FOR 1558 Dove Lane WHEREAS, the applicant is seeking an after - the -fact Public Lands Permit for Land alteration / construction activities in the public right of way; and WHEREAS, City Code Section 320, requires City Council approval by a majority vote for 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; and WHEREAS, the City Council considered this request at their meeting of Monday, November 10, 2008, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve the After -The Fact Public Lands Permit as submitted by Thomas Parker for 1558 Dove Lane with the following conditions: 1. A hold harmless agreement shall be prepared if deemed necessary by the City Attorney. 2. Walls shall be limited to no more than 4 feet or an after - the -fact building permit • shall be required including the submittal of all involved information including but not limited to, signed, engineered drawings. 3. Because the retaining wall is in the ROW, any damage to the wall due to snow plowing or the like, the City of Mound will be held harmless for any repairs. 4. The narrow end of Dove Lane shall be no parking on both sides of the ROW. 5. Applicant and /or future owners are reminded of the Woodland Point Settlement Agreement Adopted by the City Council this 10th day of November, 2008. Attest: Bonnie Ritter, City Clerk -2381- Mayor Mark Hanus • 0 10 10 I r® LABOR AGREEMENT between THE CITY OF MOUND and MINNESOTA TEAMSTERS PUBLIC AND LAIN ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 Representing MAINTENANCE PERSONS EFFECTIVE JANUARY 1, 2008 THROUGH DECEMBER 31, 2009 -2382- ARTICLE ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI `ARTICLE XVII ARTICLE XVM ARTICLE= , ` ARTICLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXIII ARTICLE XXIV ARTICLE XXV ARTICLE XXVI ARTICLE XXVII ARTICLE XXVIII ARTICLE XXIX ARTICLE XXX ARTICLE XXXI ARTICLE XXXiI ARTICLE XXXGII TABLE OF CONTENTS PAGE • Purpose ofAgreement .....:.............................................. ..............................1 ` Recognition................................................................... ............................... l UnionSecurity ............................................................... ..............................1 EmployerSecurity ................................. ............................... .....2 EmployerAuthority ....................................................... ..............................2 Employee. Rights . Grievance Procedure ........ ........... ..............................3 Definitions ........................ , SavingsClause ............................................................... .............................:6 WorkSchedule ................ ........................................... ..............................6 OvertimePay ................................................................... .............................6' CallBack ...... ................................................................................................. 7 OnCall Pay ......... ....... ..... ................... .............. ........... ..............................7 StandbyPay;:. .. ............. .. ... ..............................7 LegalDefense ..................... .................. ............................... Discipline....................................................................... ..............................8 Seniority, Layoff: & R call . ................8 Probationary Periods ...................................................... ..............................9 Safety............ ............................. ..............................9 JobPostings .. ........................... ..............................9 Insurance.... 1 A. •• u.• u...• uu• u..• uu ..............u....uu.....10' Holidays ............... ....... ......................................................... Vacation Schedule ;h, ......................... .............................11 Sick Leave and Family M ical Ieave Act ( FMLA) .... .............................11 SeverancePay ..................:............................................ .............................13 FuneralLeave ................................................................ .............................13 Uniforms and Licenses .................................................. .............................13 Eye Examinations . .......:......:..:............................... .............................14 Safety Glasses .... ...........:......:::......;:.. ................. .............................14 Working Out of Classification ...................................... .............................14 Wages............................................................................ .............................14 Waiver.......................................................................... .............................14 Non - Discrimination ................. ............................ .............................15 Duration........................................................................ .............................15 Memorandum of Agreement ......................................... .............................16 ` 9 -2383- 91 • � 0 LABOR AGREEMENT between THE CITY OF MOUND and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL #320 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is entered into between the City of Mound, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320, hereinafter called the Union. The intent of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes, concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and • 1.4 Place in written form, the parties' agreement upon terms and conditions of employment, for the duration of this Agreement. • �e lbyot'and, the Union, through ts Agreement, continue their dedication to the highest quality public service. to parties recognize thus Agreement as a pledge of this' dedication. ARTICLE II. RECOGNITION The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 3, as an appropriate bargaining ' unit, consisting of the following job classifications: Maintenance Person ARTICLE III. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 3.1 Deduct each payroll period, an amount sufficient to provide the payment of dues established by the Union, from the wages of all employees authorizing in writing such deduction, or a "fair share" deduction, as provided in Minnesota Statutes, Section 179A.06, Subdivision 3, if the employee elects not to become a member of the Union. -2384- 3.2 Remit such deduction to the appropriate designated officer of the Union. 3.3 The Union may designate certain employees from the bargaining unit to act as stewards and • shall inform the Employer, in writing, of such choice. 3.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees. that during the life of this. Agreement it will not cause, encourage, participate in or support any strike, slowdown or other interruption of or interference with the normal functions of the Employer. 4.2 An employee who engages in a strike may have his/her appointment terminated by the Employer, effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment, without permission, or who abstains wholly or in part, from the full performance of his/her duties, without permission from his/her Employer, on the date or dates when a strike occurs, is prima facie presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated., for such • action, may subsequent to such violation, be appointed or reappointed or employed or reemployed, but the employee, shall be on probation for two (2) years with respect to such tenure of employment, or contract of employment; as he /she may have. heretofore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for.the days on which he /she engaged in a strike. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted, right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent. managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified. by this Agreement shall remain solely within the discretion of the Employer, to modify, establish or eliminate. 2 • -2385- ARTICLE VI. EMPLOYEE` RIGHTS - GRIEVANCE PROCEDURE • 6.1 Definition of a Grievance. A grievance is a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representative. The Employer will recognize representatives designated by the Union, as the grievance representatives of the bargaining unit, having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union representatives and of their successors, when so designated. 6.3 Processing of a Grievance. It is recognized and accepted by the Union 'and the Employer that the processing of grievances, as hereinafter provided, is limited by the job duties and responsibilities of the employees and, therefore, shall be accomplished` during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure. Grievances, as defined by Section 6. 1, shall be resolved in conformance with the following procedure. • STEP L An employee, clainimg a violation concerning the interpretation or application of this Agreement "shall, within fourteen (14j "working days after such alleged violation has occurred, present such grievance to the eniployee's immediate supervisor, as designated by the Employer. The Employer - designated representative,` will . discuss and' give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed tb Step 2 shall be placed iri writing, setting forth the nature of tt 'e grievance, the facts on which rt "is based, the provision of the Agreement allegedly violated and the remedy requested and shall be appealed to Step 2 within ten' (10) calendar days after the Employer - designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten*( 10) calendar days, shall be considered waived. STEP 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 2 representative, City Manager. The Employer designated representative shall give the Union the Employer's Step 2 answer, in writing, within ten (10) calendar days aftei receipt of such` Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten " ' (10.) ` calendar days following the Employer- designated representative's final answer n' Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be co` nsidered waived. STEP 2A. If the Employer and the Union mutually agree, a grievance unresolved in Step 2 may be submitted to the Minnesota Bureau of Mediation Services for mediation within ten (10) calendar days following the Step 2 Employer response. If the grievance is submitted to • 3 -2386- mediation and is not resolved, it may be appealed to Step- 3 within ten (10) calendar days of the date of the mediation meeting. Any grievance not appealed in writing to Step 3 within said ten (10) calendar day period shall be considered waived. • STEP 3. A grievance unresolved in Step 2 or Step 2A and appealed to Step 3 shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. If the Public. Employment Relations. Board begins operating in the future, the reference herein to Bureau of Mediation Services will revert back to the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator. shall. have no right to amend, modify, nullify, ignore, add ;to or subtract from, the terms and conditions of this Agreement.. The arbitrator shall consider and decide on the specific issue(s) submitted. in writing by the Employer and the Union and shall have no authority to. make a decision on any other issue, not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way, the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision, shall be ,submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the .parties agree to an extension. The • decision shall be binding on,both the Employer and the Union and shall be based solely on the arbrtrator's mterpretaton or application of the express terms of this Agreement and to the facts of the .grievance presented. . :C. The fees and expenses for .the arbitrator's services, and proceedings shall be borne equally by,the Employer and the Union that each party shall be responsible for compensating its own representatives and witnesses. if either party desires, a. verbatim record of the proceedings, it may cause such a record to be made, providing it, pays for the record.: if both. parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiyer If a grievance is not ,presented within the time limits set forth above., it shall be considered waived. If a grievance, is not appealed to the next Step within the specified time limit or any agreed extension thereof, it shall be considered settled. on the basis of the Employer's answer. If the Employer does not answer a grievance or an appeal thereof, within, the specified time limit, the Union may elect to treat the grievance as denied at that step and immediately appeal 1. the grievance to the next Step. The time limit in each Step may be extended by mutual agreement of the. Employer and the Union. 4 0 -2387- 0 10 • 6.7 Choice of Remedy If, as a result of the written Employer response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of Article VI or a procedure such as: Veterans Preference or Fair Employment. If appealed to any procedure other than Step 3 of Article VI, the grievance is not subject to the arbitration procedure, as provided in Step 3 of Article VI. The aggrieved employee shall indicate, in writing, which procedure is to be utilized, Step 3 of Article VI or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 3 of Article VI. ARTICLE VII. DEFINITIONS 7.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 7.2 EMPLOYER: The City of Mound, Minnesota. 7.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE; PAY RATE: The employee's hourly pay rate, exclusive of longevity or any other special allowance's. 7.6 SENIORITY: Length of continuous service with the Employer. 7.7 COMPENSATORY TIW�'i Time off the employee's regularly scheduled work schedule, equal in time to overtime worked: 7.8 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 7.9 OVERTIME: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty -four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.10 CALL BACK:. Return of an employee to a specific work site to p erform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or an early report to an assigned shift is not a call back. 7.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of' work, slowdown, or abstinence in whole or in part from the full, E faithful and proper performance of the duties of employment for the purpose of introducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. • 7.12 WORK YEAR: The work . year shall consist of 2,080 hours and shall run from 12:01 a.m., January 1 through 12:0.0 Midnight, December 31. ARTICLE VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Mound. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time limits provided, such provision shall be voided. All other provisions. of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX. WORK SCHEDULE 9.1 The sole authority in work schedules is the Employer. The. normal work day for any employee shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal or annual basis, other than the normal 7:00 a.m. - 3;30 p.m, day. The Employer will give 48 hours advance notice to the employee affected by the establishment of work days different from the employee's normal eight (8) hour, work day. The 48 hour advance • notice requirement shall not apply to emergencies, snow- related events, early call , outs or shift extensions. 9.3 In the event that work is required because of unusual circumstances, such as, but not limited to, , municipal a ui ment or facilities, no advance notice need be given. It is not required that an employee, g ue flood snow, sleet or breakdown of m p q p workm other than the normal work . day, be scheduled to work more than eight (8) hours. However, each employee has an obligation to work overtime on call backs, if requested, unless unusual circumstances prevent him/her from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of eight (8)' hours, within a twenty -four (2 4) hour period, except for shift changes, or more than forty (40) hours within a seven (7) day period, will be compensated for at one and one -half (1' /2) times the employee's regular base pay 'rate. All work performed on Sundays shall, be compensated for at two and one -half (2'/2) times the. employee's regular base pay rate, unless Sundays fall within the provisions of Article IX, 0:44. 6 • -2389- • 10.2 Overtime will be distributed as equally as practicable. 10.3 For the purpose of computing overtime compensation,' overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.4 Holiday pay shall be paid at a rate three and one -half (3V2) times the employee's regular base pay rate. 10.5 All maintenance persons and represented by the aforementioned Union, are hereby eligible for compensatory time off in lieu of overtime or holiday worked. Comp time is accrued at the overtime rates as described above in Section 10.1 and 10.4 for each hour of overtime or holiday worked. At no time will any employee be allowed to accrue more than sixty (60) hours of comp time. The employee may request the use of accumulated comp time at any time. The City will attempt to allow the employee to take the time off within a reasonable time of the request unless the operations of the department will be unduly disrupted by the employee's absence. ARTICLE XI. CALL BACK An employee called in for work at a time, other than his/her normal scheduled shift will be compensated for a minimum of two (2) hours pay at one and one -half (1 %2) times the employee's regular, base pay rate, except on Sunday when it shall be two and one -half (2'/2 ) times the employee's • regular base pay rate or on holidays when it shall be three and one -half (31/2) times the employee's regular base pay rate. ARTICLE XII. ON CALL PAY If an. employee, is assigned to be "on call" for a twenty -four (24) hour period (over weekends, holidays or other specifically assigned peri ods), the employee shall remain accessible and will receive four (4) hours of pay at one and one -half (11 /2) times the employee's regular base pay rate if on Saturday; at two and one -half (2%2) times the employee's regular base pay rate if on Sunday; and at three and one -half (31/2) times the employee's regular base pay rate if on an approved holiday (Article XI). ARTICLE XIII. STANDBY PAY Any employee placed on standby duty by the Employer shall receive one -half (1 /2) hour pay for each one (1) hour required to standby for duty. ARTICLE XIV.. LEGAL DEFENSE 14.1 Employees involved in litigation because of negligence, ignorance of laws, non - observance of laws, or as a result, of employee judgmental decision,., may not receive legal defense by the municipality. • 7 -2390- 14.2 Any employee who is charged with a traffic violation, ordinance violation, or criminal offense, arising from acts, performed within the scope of his/her employment, when such act is performed in good faith, as defined in Minnesota Statutes, Chapter 466, Section 466.07 and • under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee, in defending against such charge. ARTICLE XV. DISCIPLINE 15.1 The Employer will discipline employees for "just cause" only. Discipline will be in the form of: A. Oral reprimand.; B. Written reprimand; C. Suspension; D. Demotion; or E. Discharge. 15.2 Suspensions, demotions and discharges will be in written form. 15.3 Written reprimands, to become part of an employee's personnel file, shall be read and acknowledged. by signature of the employee. Employees and the Union will receive a. copy of such reprimands and notices of suspension and discharge. 15.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. • 15.5 Discharges will be preceded by a five (5) day suspension without pay. 15.6 Employees, will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 15.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance procedure under Article VI. ARTICLE XVI. SENIORITY, LAYOFF & RECALL 16.1 Seniority will be the determining criterion for transfers, promotions and layoffs, only when all other qualification factors are equal. 16.2 Layoff Application. An employee on layoff shall retain his/her seniority and right to recall within classification in seniority order for a period of two (2) years after date of layoff. 16.3 Layoff. In the event the City of Mound determines to reduce a position or positions, employees shall be laid off with at least two (2) weeks notice, in inverse order of seniority within areas of 8 0 -2391- classification. A senior employee shall not be placed on layoff while a junior employee on the seniority list occupies a position with the same or lower grade, providing the senior employee • has the qualifications to satisfactorily perform the job. 16.4 Recall. Employees shall be recalled in order of seniority for a position within the same classification held prior to layoff available for a qualified employee on layoff. The Employer shall mail, by certified mail, the notice to such employee who shall have fourteen (14) calendar days from the date of mailing of such notice to accept the reemployment. If written acceptance is not received by the City Manager within such fourteen (14) calendar day period, it shall constitute a waiver on the part of such employee to any further rights of employment or reinstatement and shall forfeit any future reinstatement of employment rights. The employee must accept the first offer of hiring at same classification from which the employee was laid off or the employee shall be removed from the recall list. The employee may refuse an offer for a lower classification position without losing recall rights to a position at the same classification from which, the employee was laid off. However, once an employee is' offered a lower classif cation position and refuses such offer, only higher classification positions need be offered. ARTICLE XVII. PROBATIONARY PERIODS 17.1 All newly hired employees will serve a one (1) year probationary period. 17.2 All existing employees will serve a six (6) month probationary period in any job description in • which the employee has not served a probationary period. 17.3 At any time during the probationary period a newly hired employee may be terminated at the sole discretion of the Employer. 17.4 At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. ARTICLE XVIII. SAFETY The Employer and Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to form a Safety Committee to help advise the Employer of any unsafe conditions that. exist or need attention. The Supervisors shall serve as this Committee. ARTICLE XIX. JOB POSTINGS 19.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within, provided that applicants: A. Have the necessary qualifications to meet the standards of the job vacancy; or • 9 -2392- B. Have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees fillip a higher job class based on the provision of this Article • g g J � P cle shall be subject to the conditions of Article XVII, Probationary Periods, 19.3 The Employer has the right of final decision in the selection of employees to fill posted jobs, based on qualifications, abilities and experience. 19.4 Job vacancies, within the designated bargaining unit, will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XX. INSURANCE 20.1 The Employer agrees to pay the full high end premium: of the employee only hospitalization/major medical insurance for each full -time employee from the first of the month following thirty (30) days of continuous employment. The Employer agrees to contribute up to $875.00 per month effective January 1, 2008 and up to $900.00 per month in 2009 toward the cost of family coverage from the first of the month following thirty (30) days of continuous employment for each full -time employee who elects family coverage under this agreement. Any additional costs for such family coverage shall..be paid by the employee through payroll deduction. In no event shall the Employer's contribution exceed the actual cost of the coverage selected by the employee. 20.2 The Employer agrees to pay the full premium payment for a ten thousand dollar ($10,000) life • insur ance policy and a long -term disability insurance. ,Policy for each full -time employee, from the first of the month following thirty (30) days of continuous employment., 20.3 The Employer agrees to .pay the full, premium for dental insurance coverage for each. full -time employee who elects employee only coverage from„the first of the month following thirty (30) days of continuous employment. The Employer agrees to contribute up to the equivalent of the employee -cost per month for family coverage from the first of the month following thirty (30) days of continuous employment for each full -time employee who elects family coverage. 20.4 When the City of Mound offers a Health Care Savings Plan, the pertinent language stated in the City Administrative Code will apply to employees covered under this. contract. Short Term Disability Insurance: When the City of Mound offers a Short Term Disability Insurance Plan, the pertinent language stated in the City Administrative. Code will apply to employees covered under this contract. Long Term Disability Insurance: When. the City of Mound offers an upgrade to the Long -Term Disability Insurance Plan, the pertinent language stated in the City Administrative Code will apply to employees covered under this contract. 10 • -2393- • • is 20.5 Employees shall be able to review all Insurance policies before the Employer incorporates any policy. ARTICLE XXI. HOLIDAYS 21.1 The Employer agrees to provide the following paid holidays: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day The Day After Thanksgiving Day 1/2 Day Christmas Eve Day Christmas Day 1/2 Day New Year's Eve Day One (1) Floating Holiday 21.2 If any of the above holidays fall on a Saturday, the preceding Friday shall be the holiday. If any of the above holidays fall on a Sunday, the following Monday shall be the holiday. (If New Year's Day or Christmas Day falls on a Sunday or Monday, the 1/2 day holiday allowed for New Year's Eve or Christmas Eve shall be the preceding Friday.) 21.3 Any employee required to work on a holiday shall receive three and one -half (3 -1/2) times his/her hourly rate for all hours worked. ARTICLE XXII. VACATION SCHEDULE 22.1 Employees shall accrue vacation according to the following schedule: YEARS OF HOURS EARNED PER NUMBER OF DAYS SERVICE WEEKLY PAY PERIOD PER YEAR 0 - 5 3.077 10 6-10 4.616 15 11-15 6.154 20 16-20 7.693 25 21 -25 8.308 27 26+ 9.230 30 22.2 Paid vacation shall be earned during the first year of employment, but cannot be taken until the end of the first year of employment without the approval of the Employer. 22.3 An employee can carry -over up to one and one -half (1-1/2) times earned vacation from one calendar year to the next. ARTICLE XXIII. SICK LEAVE AND FAMILY MEDICAL LEAVE ACT (FMLA) 11 - 2394 23.1 Sick leave shall be.accumulated at the rate of one (1) day per month. Each permanent full -time and probationary full -time employee shall earn sick leave at the rate of one (1) day per month for each month of full -time employment with the City or 3.693 hours per pay period. There • shall be no limit on the maximum accumulation of sick leave. 23.2 Sick leave shall not be considered as. a privilege which an employee may use at his/her discretion, but shall be allowed in the case of personal illness, legal quarantine, disability of the employee, disability related to childbirth, to receive dental or medical care or if there is serious illness in the immediate family and no other responsible adult is available to care for the ill family member. "Immediate family member" here includes the employee's own parents, spouse, siblings, grandparents and grandchildren who are regular members of the employee's household. If the seriously ill family member, as defined above, is not a regular member of the employee's household, the employee may use up to three..(3). days of hisiber accrued sick leave bank upon furnishing a doctor's statement citing the family member's emergency or critical illness and necessity for requiring the employee's care or presence. Sick leave shall also be allowed for counseling or other sickness preventive measures upon prior approval of the Employer. An employee may use personal sick leave benefits accumulated in accordance with this Article for absences due to an illness of the employee's child.: for such reasonable periods .as the • employee's attendance with the child may be necessary, on the same terms the employee is able to use sick leave benefits for the employee's own illness. For the purposes of this paragraph, "child" is defined in accordance with Minnesota Statute § 181.940, subd. 4 as an individual under 18 years of age or an;individual under age 211 who is still attending secondary school, and shall include a step child, ward or adopted child under the ages specified herein. 23.3 Employees claiming sick leave may be required to file competent written evidence that he /she has been absent as authorized above, or if more than three (3) days, that the employee has been under treatment and supervision of a doctor or dentist who recommends work not be performed. If the employee has been incapacitated for the period of his/her absence or a major part thereof, the employee may be required to provide evidence that he /she is again physically. able to perform his/her duties. 23.4 The FMLA language, stated in the Administrative Code will apply to employees covered under this contract. 12 0 -2395- 0 • ARTICLE XXIV. SEVERANCE PAY 24.1 The following is the severance "pay schedule, based upon accumulated sick leave, which shall become effective for all full -time employees upon reaching tenure of five (5) years (60 months). After 5 years of service After 10 years of service After 15 years of service After 20 years of service After 25 years of service 2005 2006 2007 2008, 41% 44% 48% 53% 46% 49% 54% 59% 52% 55% 60% 66% 57% 60% 66% 73% 62% 66% 72% 80% 24.2 Sick leave shall be paid to the Health Care Savings Plan in accordance with Section 14A of the Administrative Code. The bargaining unit may present and propose changes to the City for the distribution of the existing Health Care Savings Plan benefit. 24.3 An employee who is discharged from employment for just cause shall not be entitled to severance pay under this Article. ARTICLE XXV. FUNERAL LEAVE 25.1 Funeral leave for immediate family not to exceed three (3) days will be allowed by the City Manager. If more than three (3) days are required,, the employee may choose to deduct the extra days over three (3) from either vacation leave or accumulated sick leave.`" "Immediate family" is defined as mother, father, siblings, spouse, children, grandparents and grandchildren" and spouse's mother, father, siblings, children, grandparents and grandchildren. ARTICLE XXVI. UNIFORMS AND LICENSES 26.1 The Employer shall furnish during the life of this contract seven (7) sets of shirts and pants. The Employer shall pay for the maintenance of such uniforms. 26.2 The Employer shall furnish each employee, once every three (3) years, a winter reflective OSHA approved parka. The employee shall be responsible for maintenance of the parka. 26.3 The Employer shall, through a voucher system, provide each employee with a $150.00 per year boot allowance for 2008 and 2009. 26.4 The Employer" shall provide four (4) OSHA approved cotton t- shirts with the City logo to all laundertn .All current uniform practices all t. The eitxployees shall be responsible for employees, per year covered by this a eeme g p remain unchanged. 13 -2396- 26.5 The Employer shall pay or, through a voucher system, reimburse each employee the costs of License endorsements. • 26.6 The Employer shall provide an initial issue of bib overalls to employees. The Employer will provide replacement bib overalls to employees as needed at the discretion of the Employer. The employee shall be responsible for maintenance of the bib overalls. ARTICLE XXVII. EYE EXAMINATIONS The Employer agrees to pay up to thirty-five dollars ($35.00) in each twenty -four (24) month period of full -time employment toward an eye examination or the purpose of eyeglasses for each full -time employee. ARTICLE XXVIII. SAFETY GLASSES The Employer agrees to pay the cost of single correction safety glasses, with employee paying the difference for any upgrades for correction or other features that exceed the basic. ARTICLE XXIX. WORKING OUT OF CLASSIFICATION Any employee assigned by the Employer to work at a higher job classification shall be paid at the higher rate of pay for the duration of the assignment. Upon completion of the assignment, the employee shall revert to his/her original or assigned pay rate. • ARTICLE XXX. WAGES Increase, wages to reflect a 3% increase for 2008, effective 01/01/08. Also a 3 % increase r 2009, effective 01 /01, /09. Maintenance Person 2008 2009 Start 18.74 19.30 After 12 Months 20.91, 21.54 After 24 Months 23.35 24.05 ARTICLE XXXI. WAIVER 31.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations, regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals, with respect to any term or condition of employment not removed by law, from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this 14 • -2397- Agreement for the stipulated duration of this Agreement. The Employer and the Union, each • voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all terms and conditions of ernployinent'! referred to or covered in this , *perrlent or with respect to any term or condition of employment not specifically referred to or; covere4 by this Agreement, even though such terms pr: s conditions _may' not have been Within the 1cno1?vledge or contemplation of `either' or both the parties at the time this Agreement was negotiated or P1'Pltl TtPl�- ARTICLE XXXII. NON - DISCRIMINATION 32.1 Neither the Employer nor the Union shall discriminate against any employee because of Union membership or because of race, color, creed, religion, national ori gin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age. 32.2 The Employer will take such actions as are necessary to comply with the Americans With Disabilities Act in order to reasonably accommodate an employee. When a reasonable accommodation is required or requested, the Employer will meet and discuss reasonable accommodation options with the employee and the Union before the Employer takes action. ARTICLE XXXIII. DURATION This Agreement shall be effective as of January 1, 2008 and shall remain in full force and effect until • December 31, 2009. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 2008. FOR THE CITY OF MOUND FOR MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL #320 Mayor City Manager • 15 -2398- Business Agent Steward This Memorandum of Agreement is entered into between the City of Mound (hereafter "Employer") and Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 (hereafter "Union"). WHEREAS, the Employer and the Union are parties to a Labor Agreement covering employees in the positions of Maintenance Persons; and WHEREAS, the parties have agreed to interpret the choice of remedies clause in their Labor Agreement, specifically Section 6.7, consistent with the ruling in EEOC v. Board of Governors of State Colleges and Universities, 957 F.2d 424 (7th Cir.), cent. denied. 506 U.S. 906, 113 S. Ct. 299 (1992), by including the following additional sentence in Section 6.7 The election set forth above shall not apply to claims subject to the jurisdiction of the United` States Equal Employment Opportunity Commission. NOW, THEREFORE, the parties agree as follows: 1. The parties agree that should a court of competent jurisdiction rule contrary to Board of Governors, or if Board of Governors is judicially or legislatively overruled, then the interpretation of the election. of remedies;. clause referenced . above,, will no longer apply. If such a ,change in the law regarding Board of Governors occurs, then the new language added to Section 6.7 as noted above will automatically be deleted from the then current Labor Agreement between the parties. 2. This Memorandum of Agreement constitutes the complete and total agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement on this day of 52008. FOR THE CITY OF MOUND FOR TEAMSTERS LOCAL NO. 320 Mayor City Manager • Business Agent Steward 16 • -2399- CITY OF MOUND • RESOLUTION NO. 08 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2009 STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT WHEREAS, a resolution of the City Council adopted the 14th day of October, 2008, fixed a date for a Council hearing on the proposed 2009 Street Improvement Project for improvement of the following streets: West Tonkawood Area Apple Lane from Lynwood Blvd to the end Ashland Lane from Lynwood Blvd to the end Balsam Road from Commerce Blvd to Spruce Road Basswood Lane from Tonkawood Road to the end Belmont Lane from Tonkawood Rd to Lynwood Blvd Breezy Drive from Waterside Lane to Harrison Lane Cardinal Lane from Lynwood Blvd to the end Cedar Lane from Noble Lane to Lynwood Blvd Centerview Lane from Lynwood Blvd to the end Church Road from Commerce Blvd to Cedar Lane Fern Lane from Tonkawood Road to the end Harrison Lane from Breezy Drive to Spruce Road Noble Lane from Lynwood Blvd to Tonkawood Road Overland Lane from Noble Lane to Pike Road Pike Road from Villa Lane to Cardinal Lane • Spruce Road from Tonkawood Road to Waterside Lane Tonkawood Road from Commerce Blvd to Waterside Lane Villa Lane from Noble Lane to the end Waterside Lane from Tonkawood Road to Breezy Drive • AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 10th day of November, 2008, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, 1. The 2009 Street Improvement, Utilities and Retaining Wall Improvement Project is found to be necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvements are hereby ordered as proposed. 3. Bolton & Menk, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The City Council declares its official intent to reimburse itself for the cost of the improvement from the proceeds of the tax - exempt bond. Adopted by the City Council this 10th day of November, 2008. Attest: Bonnie Ritter, City Clerk IN11 Mayor Mark Hanus O ca C E d U N •O a� a� rrL^^ VI C) N -2401- T • • z W F- N O� � W N a z 0 �z �O V W i F- Z O F- i Z I-A O Z T T T T T T T --I 0 M4 0 0 MM w 4M r.-0 V N44 NM_M NTCp �TTMNNN4Co4MMtpO t04N104 T000t00 to tD wOo tpt0t0OM nnO co 0M N nn O 000000— 9999999 000 0 0 0 O 0 0000000-0--o— 0 0 0 0 0 0 0 0 0 0 0 0 O. 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N N r; N tit` N N N N N r; N n N � N r; N � N r; N n N N r-L N � N � N t` N N N N N N N I-- r-- tL n M r MC�MMMA r r r r r r CM MMMAMM r i r MMCMM r r r MMMMM r r r r r M AA M m tD O Q O J a C J ?� N m '0'0 m J J J J J J J J J 'O N C J C J C J C Cl) J m •O -Q Z O C m C y 3 _N m m O p O Q m C 'O m m -O m m O C p m C m C To C m C O p 0 _ •O y O C 0' p cm - m C m C N C m m C 0 'O C J C J O 0 O O 3 C -Cj W C 3 co t%i c c z 3 C 3=o C - L - L -'a L 3vv'ov C �• C 3 acv C E Y mtoroto E •5 vvY3 -- m— N m 3 to a� o mQ�i m ='- v m �+,. N C wa�m>,�myu�rnm�mmmm�, �UUJJUQQQUJ UUUUJJ mo 3000U> >c._aa y0_QQJM rn�UU -U-`QU �0NO0 O 000 4N00)co0)tO MNOZr 0N00S OnrONO 'r N tOO�N N NN0�NNNNN�NNNNOtONUdNNNNM NMN _m M It- r n4 0) CO CDnn NNO 00 mr 00 CD r XO4m r — SO mNr .0, LnNNMNLnUNMNON r- X) rrr to 4'D IC4 Nr LL'l m tON C N N C N C O _ N C O C Y CD h E _O m c rn N -aO t) S y D QL p 0 _L U Q U) m N to ' a 000 1O O � 7 O m r UL = 7 w U. 'o C to r i pc c c y c m a Y o m c 0.5 C— (a D mMCt y > . !n >U ri z O Y o =Y t m? a� m QRO Y m o m I]] 2 wwwww v00n m OO O 0)O O O)0) tn COnOO C)0)CD CD 0rNM4 00000 M O 001 n I OD CD r r r r r N N N N N N N N N -2407- • n • • r� U October 27, 2008 NOTICE OF HEARING ON 2009 STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Mound will meet in the council chambers of city hall at 7:30 p.m. on Monday, November 10, 2008, to consider the making of improvements on the following streets, pursuant to Minnesota Statutes 429.011 to 429.111: West Tonkawood Area Apple Lane from Lynwood Blvd to the end Ashland Lane from Lynwood Blvd to the end Balsam Road from Commerce Blvd to Spruce Road Basswood Lane from Tonkawood Road to the end Belmont Lane from Tonkawood Rd to Lynwood Blvd Breezy Drive from Waterside Lane to Harrison Lane Cardinal Lane from Lynwood Blvd to the end Cedar Lane from Noble Lane to Lynwood Blvd • Centerview Lane from Lynwood Blvd to the end Church Road from Commerce Blvd to Cedar Lane Fern Lane from Tonkawood Road to the end Harrison Lane from Breezy Drive to Spruce Road Noble Lane from Lynwood Blvd to Tonkawood Road Overland Lane from Noble Lane to.Pike Road Pike Road from Villa Lane to Cardinal Lane Spruce Road from Tonkawood Road to Waterside Lane Tonkawood Road from Commerce Blvd to Waterside Lane Villa Lane from Noble Lane to the end Waterside Lane from Tonkawood Road to Breezy Drive 11 The estimated cost of the improvement is $1,567,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Bonnie ?jitter Bonnie Ritter, City Clerk Published in The Laker on October 25, 2008 and November 1, 2008. �1: Maywood ' • - • City of Mound Mound, • " Planning and Building Department .0 MEMORANDUM To: Honorable Mayor and City Council From: Jim Fackler, Parks Superintendent and Sarah Smith, Community Development Director Date: November 5, 2008 Re: Villa Docks — Memorandum of Understanding Summary. As the City Council may recall, the Memorandum of Understanding (MOU) between the City of Mound and Mound Harbor Renaissance Development (MHRD) regarding the 37 docks at the Villas of Lost Lake expires at the end of the year and includes a clause regarding public use /availability if they are not in use. For the past several months, Chuck Alcon, on behalf of Mound Harbor Renaissance Development (MHRD) and Staff have been in discussions regarding the matter and would like the opportunity to discuss a proposed amendment with the City Council which would provided for 24 slips to remain assigned to the Villas of Lost Lake and • 13 to be utilized in the City's dock system. Comments. • Members are advised that this matter was reviewed by the POSDC at its October 9,2008 meeting who are in favor of the proposal. • Chuck Alcon has been invited and is expected to attend the 11/10 City Council meeting to discuss the proposal. • The MOU is an Exhibit to the Subdivision Agreement. If the amendment(s) is supported, a proposed revised document would be brought back for formal action at an subsequent meeting. Staff does not believe the Subdivision Agreement with MHRD needs to be amended. • CADocuments and SettingsUrn FackleAl -oval SettingsWemporary Internet Files\ Content. lE5\ WKQUSCWR \memovilladockmounov2OO8.doc -2409- 1. The following is a summary of the dock discussion with Staff: a. In the Memorandum'of Understanding, if the City,, after 2008; receivers number of slips available, then-the-City will assign the slips for livens ure during that year: 1111 aeoa a on a wa n.. is r common o program but as not received any specmc calls t�uf irr�ir,� �� —.�� c. Due to the slowdown in the residential market, MHRl3 doesn't anticipats more than one 4f5 unit building start in 2009, thus slips will be available. d. City will only consider making available to non townhome owners the eastern finger of slip (qty 13). MHRD will temporarily reassign to the western finger any owners currently using the eastern finger. The City will construct an additional gate between the two fingers to separate the HOA docks from the City assigned docks The Cl'Ey will separately key the lock for the eastern finger the City will direct parking to Auditors Road; City will also aggressively enforce and take action on any complaints of loud nolse, other disturbing actions, or violations of the parking restrictions. e. These temporary slip assignments to the community will pay full. slip fees plus the annual escrow payment for dock maintenance and docklcheinnel dredge. f. During November of each year the' City and.Developer will review how many slips the city will make available to non townhome owners the m coing year. This will be done as folio. ws: • 1. From the total number of slips of 37 will be deduced the total number of townhomes finished, under construction and for which a building permit application has been submitted but construction has not been started, provided at no time will the number of.sr available to the public exceed the number of slips on the eastern finger which is 13. g. Existing Memo Of Understanding will be revised to reflect these conditions once MHRD and the HOA have reviewed the new course of action and agreed with the plan; this is expected to be complete in September 2008 2. for review and forwarding to John Deana Chuck 0 -7- -2410- CITY OF MOUND RESOLUTION NO. 08 -_ RESOLUTION TO CANVASS RETURNS AND DECLARE THE RESULTS OF THE MUNICIPAL ELECTION OF NOVEMBER 4, 2008 BE IT HEREBY RESOLVED by the City Council of the City of Mound, Minnesota: That the City Council does hereby certify the results of the Municipal Election as presented on the Canvass of Votes for the November 4, 2008 election as: Mayor (2 -year term): Candidate Pct 1 Pct 2 Pct 3 Pct 5 Pct 6 Total Mark Hanus 256 687 789 472 312 2516 John McKinley 170 361 582 364 385 1862 Cheryl Martin 69 182 206 114 140 711_ Write -ins 4 3 10 2 3 22 Overvotes 0 0 0 1 0 1 Undervotes 66 145 220 100 93 624 Council Member (4 -year term): Candidate Pct 1 Pct 2 Pct 3 Pct 5 Pct 6 Total Heidi Gesch 283 627 810 506 460 2686 Ray Salazar 148 407 609 396 284 1844 Skip Johnson 153 399 486 374 346 1758 Gary Motyka 75 197 213 132 144 761 Vince Forystek 50 154 223 100 107 634_ Write -ins 12 13 16 16 24 81 Overvotes 0 0 4 0 0 3 Undervotes 66 959 1253 580 501 3359 With said results, Mark Hanus is hereby appointed to a two -year Mayoral term. Heidi Gesch and Ray Salazar are appointed to four -year Council terms. Adopted by the City Council this 10th day of November, 2008. Attest: Bonnie Ritter, City Clerk • Mayor Mark Hanus -2412- W Office of the Minnesota Secretary of State STATE OF MINNESOTA PRECINCT SUMMARY STATEMENT FOR THE STATE GENERAL ELECTION, NOVEMBER 4, 2008 A. PRECINCT _ ! B. PRECINCT CODE C. WARD D. MUNICIPALITY_ E. COUNTY �-Jpf/j kj 0 F. CONGRESSIONAL DISTRICT G. LEGISLATIVE DISTRICT H. SCHOOL DISTRICT I. SPECIAL DISTRICT J. NUMBER OF PERSONS REGISTERED AT 7AM�j�j K. NUMBER OF NEW REGISTRANTS AT THE POLLING PLACE ON ELECTION DAY L. TOTAL NUMBER PERSONS REGISTERED (ADD J +K =L) 9-7 Vl. NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER q. NUMBER OF ACCEPTED REGULAR, MILITARY, AND OVERSEAS ABSENTEE BALLOTS D. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR FEDERAL OFFICES ONLY, INCLUDING FEDERAL WRITE -IN BALLOTS '. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT ADD: M +N +O =P) 51q a • 5 1,� -7 'OTAL BALLOTS RECEIVED IN THE PRECINCT SHOULD EQUAL TO NUMBER OF BALLOTS RETURNED TO THE COUNTY clank Ballots Received into Precinct lumber of ballots at 7:00am: Aditional Number of ballots received at dditional Number of ballots received at OTAL BALLOTS RECEIVED: Ballots Returned to the Coun Number used ballots: *Number spoiled ballots: * *Number defective ballots: Number completely blank ballots: Subtotal: Number unused ballots: TOTAL BALLOTS RETURNED: )tal number of ballots used should equal the number of persons voting Spoiled ballots are ballots that a voter mismarks and not voted and then replaced Defective ballot is a spoiled ballot that has been cast ( e.g. In a central count county where no remedy is possible) or a ballot -iich is otherwise technically defective not recast. 0 Office of the Minnesota Secretary of State 180 State Office Building, 100 Rev. Dr, Martin Luther King Blvd. St. Paul, MN 55155 Rev. 6 -06 —2413— Office of the Minnesota Secretary of State STATE OF MINNESOTA PRECINCT SUMMARY STATEMENT • FOR THE STATE GENERAL ELECTION, NOVEMBER 4, 2008 A. PRECINCT C2% B. PRECINCT CODE C. D. MUNICIPALITY (/ I L_6:M' h ( E. COUNTY WARD F. CONGRESSIONAL DISTRICT G. LEGISLATIVE DISTRICT H. SCHOOL DISTRICT I. SPECIAL DISTRICT wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww J. NUMBER OF PERSONS REGISTERED AT 7AM q S % K. NUMBER OF NEW REGISTRANTS AT THE POLLING PLACE ON ELECTION DAY J 60 L. TOTAL NUMBER PERSONS REGISTERED (ADD J +K =L) wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww M. NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER N. NUMBER OF ACCEPTED REGULAR, MILITARY, AND OVERSEAS ABSENTEE BALLOTS 0. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED •TO VOTE FOR FEDERAL OFFICES ONLY, INCLUDING FEDERAL WRITE -IN BALLOTS P. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT (ADD: M +N +O =P) • I K, wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww, rwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwsrwwwwwwwwww�wwwwwwwwwwwwwww TOTAL BALLOTS RECEIVED IN THE PRECINCT SHOULD EQUAL TO NUMBER OF BALLOTS RETURNED TO THE COUNTY Blank Ballots Received into Precinct Ballots Returned to the County Number of ballots at 7:00am: Number used ballots: Additional Number of ballots received at *Number spoiled ballots: Additional Number of ballots received at * *Number defective ballots: TOTAL BALLOTS RECEIVED: Number completely blank ballots: Subtotal: Number unused ballots: TOTAL BALLOTS RETURNED: Total number of ballots used should equal the number of persons voting * Spoiled ballots are ballots that a voter mismarks and not voted and then replaced elective ballot is a spoiled ballot that has been cast ( e.g. In a central count county where no remedy is possible) or a ballot ich is otherwise technically defective not recast. Office of the Minnesota Secretary of State 180 State Office Building, 100 Rev. Dr. Martin Luther King Blvd. St. Paul, MN 55155 Rev. 6 -06 -2414- Office of the Minnesota Secretary of State STATE OF MINNESOTA PRECINCT SUMMARY STATEMENT FOR THE STATE GENERAL ELECTION, NOVEMBER 4, 2008 • A. PRECINCT B. PRECINCT CODE C. WARD D. MUNICIPALITY E. COUNTY F. CONGRESSIONAL DISTRICT G. LEGISLATIVE DISTRICT H. SCHOOL DISTRICT 1. SPECIAL DISTRICT y, y,* wwywwwwwwwwwwwwwwwwwwwwwwwwww, tw, tww, twwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww J. NUMBER OF PERSONS REGISTERED AT 7AM K. NUMBER OF NEW REGISTRANTS AT THE POLLING 2 Q PLACE ON ELECTION DAY �J�j / L. TOTAL NUMBER PERSONS REGISTERED (ADD J +K =L) l ! l wwwwwwwwwwwwww, twwwww, rwwwwwwwwwwwww, wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww M. NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER (� N. NUMBER OF ACCEPTED REGULAR, MILITARY, AND D OVERSEAS ABSENTEE BALLOTS t�0� O. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED h TO VOTE FOR FEDERAL OFFICES ONLY, INCLUDING FEDERAL WRITE -INS • BALLOTS P. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT I� wwwwwwwwwwwwwwwww, ewww, ew, twwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww TOTAL BALLOTS RECEIVED IN THE PRECINCT SHOULD EQUAL TO NUMBER OF BALLOTS RETURNED TO THE COUNTY Blank Ballots Received into Precinct I Ballots Returned to the County Number of ballots at 7:00am: Additional Number of ballots received at Additional Number of ballots received at TOTAL BALLOTS RECEIVED: Number used ballots: *Number spoiled ballots: * *Number defective ballots: Number completely blank ballots: Subtotal: Number unused ballots: TOTAL BALLOTS RETURNED: Total number of ballots used should equal the number of persons voting * Spoiled ballots are ballots that a voter mismarks and not voted and then replaced ** Defective ballot is a spoiled ballot that has been cast ( e.g. In a central count county where no remedy is possible) or a ballot • which is otherwise technically defective not recast. Office of the Minnesota Secretary of State 180 State Office Building, 100 Rev. Dr. Martin Luther King Blvd, St. Paul, MN 55155 -2415- Rev. 6 -06 Office of the Minnesota Secretary of State STATE OF MINNESOTA PRECINCT SUMMARY STATEMENT • FOR THE STATE GENERAL ELECTION, NOVEMBER 4, 2008 A. PRECINCT B. PRECINCT CODE D. MUNICIPALITY _T V I E. COUNTY F. CONGRESSIONAL DISTRICT I. SPECIAL DISTRICT C. WARD G. LEGISLATIVE DISTRICT H. SCHOOL DISTRICT J. NUMBER OF PERSONS REGISTERED AT 7AM J K. NUMBER OF NEW REGISTRANTS AT THE POLLING 1(09 PLACE ON ELECTION DAY L. TOTAL NUMBER PERSONS REGISTERED (ADD J +K =L) M. NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER N. NUMBER OF ACCEPTED REGULAR, MILITARY, AND OVERSEAS ABSENTEE BALLOTS O. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED •TO VOTE FOR FEDERAL OFFICES ONLY, INCLUDING FEDERAL WRITE -IN BALLOTS P. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT f 05 (ADD:M +N +O =P) C TOTAL BALLOTS RECEIVED IN THE PRECINCT SHOULD EQUAL TO NUMBER OF BALLOTS RETURNED TO THE COUNTY Blank Ballots Received into Precinct Ballots Returned to the County Number of ballots at 7:00am: Number used ballots: Additional Number of ballots received at *Number spoiled ballots: Additional Number of ballots received at * *Number defective ballots: Number completely blank ballots: Subtotal: Number unused ballots: TOTAL BALLOTS RECEIVED: TOTAL BALLOTS RETURNED: Total number of ballots used should equal the number of persons voting * Spoiled ballots are ballots that a voter mismarks and not voted and then replaced AWefective ballot is a spoiled ballot that has been cast ( e.g. In a central count county where no remedy is possible) or a ballot ich is otherwise technically defective not recast. Office of the Minnesota Secretary of State 180 State Office Building, 100 Rev. Dr. Martin Luther King Blvd. St. Paul, MN 55155 Rev. 6-06 -2416- Office of the Minnesota Secretary of State STATE OF MINNESOTA PRECINCT SUMMARY STATEMENT FOR THE STATE GENERAL ELECTION, NOVEMBER 4, 2008 • A. PRECINCT B. PRECINCT CODE C. WARD D. MUNICIPALITY ��� "�.('1 E. COUNTY F. CONGRESSIONAL DISTRICT G. LEGISLATIVE DISTRICT H. SCHOOL DISTRICT I. SPECIAL DISTRICT J. NUMBER OF PERSONS REGISTERED AT 7AM '�j K. NUMBER OF NEW REGISTRANTS AT THE POLLING j PLACE ON ELECTION DAY L. TOTAL NUMBER PERSONS REGISTERED (ADD J +K =L) wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww M. NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER F W N. NUMBER OF ACCEPTED REGULAR, MILITARY, AND r OVERSEAS ABSENTEE BALLOTS J O. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR FEDERAL OFFICES ONLY, INCLUDING FEDERAL WRITE -IN • BALLOTS P. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT (ADD:M +N +O =P) **************** w******************** w******************************************************************************* * * * * * *w *wwwwwwwwwwwwwwwwwwwwwww TOTAL BALLOTS RECEIVED IN THE PRECINCT SHOULD EQUAL TO NUMBER OF BALLOTS RETURNED TO THE COUNTY Blank Ballots Received into Precinct Ballots Returned to the County Number of ballots at 7:00am: Number used ballots: Additional Number of ballots received at *Number spoiled ballots: Additional Number of ballots received at TOTAL BALLOTS RECEIVED: * *Number defective ballots: Number completely blank ballots: Subtotal: Number unused ballots: TOTAL BALLOTS RETURNED: Total number of ballots used should equal the number of persons voting * Spoiled ballots are ballots that a voter mismarks and not voted and then replaced ** Defective ballot is a spoiled ballot that has been cast ( e.g. In a central count county where no remedy is possible) or a ballot • which is otherwise technically defective not recast. Office of the Minnesota Secretary of State 180 State Office Building, 100 Rev. Dr. Martin Luther Ring Blvd. St. Paul, MN 55155 -2417- Rev. 6-06 • 5341 MAYWOOD ROAD CITY OF MOUND MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityotmound.com To: Mayor and City From: Dock AdministrE Date: 10/28/08 ft: Summary of Significant Changes to Ordinance Staff was asked to review current ordinance as it pertains to docks and slips. Thru long evaluation of the realities of the dock program and how it relates to current ordinance, staff split it into one ordinance section for docks and another section for slips. We have added definitions that are used • throughout to make it more understandable and user friendly. Attached is a copy of current ordinance and the proposed new dock ordinance and proposed new slip ordinance. Listed below are changes to the dock and slip ordinances that are significant and something other than re- wording: ■ 438/439.10 Subd. 4: Refunds would be issued to applicants or licensees who submit such a request by /on May 15th of the season. They would then be out of the program. ie: moved out of Mound. ■ 439.20 Subd. 2 & 4: Multiple Slips Deadline changes: • Watercraft declaration: From May 1st to May 31St Use requirement: From June 15th to May 31st. • Voluntary suspension of license: From June 15th to May 31 st ■ 438/439.15: License: No longer a plate but a City issued letter. ■ 438/439.15 Subd. 5: Newly created abutting lots with respect to the assignment of a site. ■ 438.20 Subd. 3: Dock Structure and Dimensions: Changed who may grant exceptions from City Council to Dock Administration. • Filename: Memo - Summary of Significant Changes foLAQ printed on recycled paper -2418- ■ 439.20 Subd. 3: Slips: "Exception to Watercraft Declaration or • Use ". Changed who may grant exceptions from City Manager to Dock Administration. ■ 439.20 Subd. 5: Multiple Slip Complex Regulations... New Section that deals with removal deadlines in fall, personal items on complexes, etc. ■ 438/439.30: Under Penalty Section.... We changed from City Council to Dock Administration. The proposed drafts were given to the Mayor, City Council and POSDC on 5/21/08. Discussion of the matter was on the June and October POSDC meetings. Attached please find our correspondence with the Commission and their minor changes. Please read thru all this material and respond to staff with any concerns, questions and comments. We'd like input as soon as possible so that we may respond to questionslissues .prior to the Monday, November 10 City Council meeting in which we'd like to have this as an agenda item. We hope this could be approved for the timely preparations of 2009 Dock/Slip Applications with the pertinent new ordinance language on the Application. Then, we'd have full implementation of this new Ordinance with the 2009 boating season. • Again please contact us with any questions or concerns you may have. Jim: iimfackler(&-cityofmound.com 952 472 -0611 Katie: katiehoff(cD-cityofmound.com 952 472 -0613 • Filename: Memo - Summary of Significant Changes for CC -2419- is U Proposed SECTION 438 — DOCK ORDINANCE 438.05 Definitions. Subd..1. Abutting Residence: A residence whose extended lot lines to the shoreline, fall within the City designated dock or slip location as indicated on the approved Dock Location Map and Addendum. Subd. 2. Applican #: Any resident of Mound who completes any of the Dock Program applications, whether they were a site holder from the prior year or submitting an application for the first time. Subd. 3. Dock: Any wharf, pier, boat ramp, mooring buoy or other structure constructed or maintained in, upon, or into the water of a lake from publicly controlled shore land. Subd. 4. Dock Administration: Means Docks Administrator, Parks Superintendent and Summer Dock Inspector Subd. 5. Dock Use Area (DUA): Area for use of installation of dock, lifts, mooring of watercraft and navigation of their watercraft tolfrom such dock, lift or mooring. Shoreline DUA and extension into lake of the DUA may not be the same lineal footage. Subd. 6. LMCD: Means the Lake Minnetonka Conservation District. Subd. 7. License: Yearly permission from the City of Mound that allows an applicant to either have a dock or moor a watercraft to a City -owned slip all on City controlled shoreline. Subd. 8. License Year: March 1St thru the last day of February of the following year. Subd. 9. Lottery: Method of establishing Third Priority and Fourth Priority applicants beginning position on the Wait List. Subd. 10. Moored: Parking of a watercraft to a dock or slip. Subd. 11. Multiple Slip Dock: City of Mound owned marina -type docking complex. Subd. 12. Non- Abutting Resident: Resident of Mound residing in an inland property from Lake Minnetonka or a Lake Minnetonka shoreline property on non - dockable shore. Subd. 13. POSDC: Means the Parks, Open Space and Docks Commission. Subd. 14. Primary Site holder: Individual resident to whom the City issues the Dock or Slip license. Proposed Dock Ordinance; Revised 10 -23 -08 Paae 1 of 10 -2420- Subd. 15. Primary Watercraft: First watercraft declared on Dock License • Application. Subd. 16. Secondary Site holder: Individual resident who shares a dock site with a Primary Site Holder. Subd. 17. Secondary Watercraft: All additional watercraft declared in excess of Primary Watercraft. Subd. 18. Slip: Mooring location of a watercraft on a City owned multiple slip dock complex. Subd. 19. Site #(Dock): The shoreline lineal footage marking that represents the center of a Dock Use Area along the shoreline. Subd. 20. Site #(Slip): Shoreline lineal footage that could indicate either the slip complex access point or the center 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 the bowsprits, decks, anchors, platforms, motors and other equipment and attachments in their normal operating position. Subd. 22. Wait list: List of current Third Priority and Fourth Priority applicants waiting for a dock or slip. Subd. 23. Watercraft Reaistration: Watercraft Registration issued by the DNR or • US Coast Guard documentation. 438.10 Application Procedure. Subd. 1. Application 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 — 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. A current Minnesota Driver's License or Minnesota Identification Card showing residency at the address may be, but is not necessarily, evidence of residency. Other evidence sufficient to establish residency includes proof that the applicant resides at the address shown on the application in the summer months, that the property is owned by the applicant, and that the property is not occupied during other times of the year by anyone other than applicant or applicant'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 Proposed Dock Ordinance; Revised 10 -23 -08 P— ') ^f 1 0 - 2421 • 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 costs incurred 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 right 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. Subd. 2. Application Deadlines. All applications shall be made between the first business day in January and must be received at City offices by the last day of February or must have the postmark of the United States Post Office by the last day of February. Subd. 3. Late Applications. A. Abuttinq Applicants: Late fees will be in effect as established by the City. • B. New abutting applicants. A late fee, as established by the City, will only be assessed if the application and fees are not submitted within 30 days after which an abutting resident moves into the City. C. Non-Abutting-Applicants: Primary Site Holder will not be allowed to retain their Second Priority status and must relinquish their dock site. They may, however apply to be a waitlist applicant if the waiting list application and fees are submitted to City Hall by noon on the day preceding the March POSDC meeting. D. Waitlist Applicants: They will not retain their position on the waitlist. Subd. 4. Refund of Submitted Fees /Surrender of License. An applicant/licensee who is withdrawing from the program and surrendering the dock license may request a refund of fees paid less an administrative fee as established by the City, if a request to terminate is made in writing to the Dock Administration. Requests must be received at City offices by /on May 15th or must have the postmark of the United States Post Office by May 15th of the boating season. Subd. 5. One Application per Individual Resident The owner of an apartment building, rental home or multiple dwelling shall not apply for dock licenses for his renters or lessees. He or she is entitled to make application for a dock license for himself or herself if he or she is a resident of the City. • Subd. 6. Wait List Applicants: First time wait list applicants beginning position on the Proposed Dock Ordinance; Revised 10 -23-08 Pana '� of 1.0 -2422- wait list shall be by lottery in accordance with such process as the City Council shall from • time to time determine by resolution. 438.15 Licenses. Subd. 1. License Required. No person shall moor a watercraft shall erect, keep, or maintain a dock on or abutting upon any public street, road, park, or commons without first receiving a license from the City in accordance with the provisions of this Section 438. Subd. 2. Licenses Non- Transferable. Dock licenses issued by the City are personal in nature and may be used only by the Primary or Secondary Site Holder approved by the City, or members of their households. No dock licensed by the City may be rented, leased, or sublet to any person, partnership or corporation. If a licensee rents, leases, sublets, or in any manner charges or receives consideration for the use of his or her dock, his or her license shall be revoked. Subd. 3. Dock Administration to Issue Licenses. The Dock Administration shall review all applications. No license shall be issued by the Dock Administration until he or she has first determined that the proposed dock configuration and boat sizes are suitable for the specific dock location as identified on the approved Dock Location Map Addendum. Subd. 4. License Priorities. The Dock Administration shall assign all locations to the applicants upon compliance with this ordinance and subject to reasonable conditions. • The following priorities govern the issuance of dock licenses: A. First Priority: An abutting resident has first priority for a City designated location within his or her lot lines extended to the shoreline on Lake Minnetonka. B. Second Priority: Non - abutting primary site holder applicant or qualified secondary site holder. C. Third Priority: Wait list applicants. As determined by the lottery and resulting waitlist. D. Fourth Priority: Residents living in a home that has dockable, private lake frontage on Lake Minnetonka shall have the last priority each year for a dock on public lands and last priority to become a Secondary Site Holder. Subd. 5. Special Rule: Newly created abutting lots. The resident of a newly created abutting lot will be entitled to the first priority described above unless providing that priority would result in the elimination of one or more slip sites on an established multiple dock due to encroachment. In such case, the resident of the newly created abutting lot will be assigned an available slip on the multiple beginning with the next license year, or in that license year if a slip is available. In addition, the resident will have first priority to chose a particular slip when such slip becomes available. 438.20 Regulations. • Proposed Dock Ordinance; Revised 10 -23-08 Paqe 4 of 10 -2423- Subd. 'I. Declaration of Watercraft — Requirements. Watercraft that are moored • at a City dock site must be declared on the Dock License Application. The applicant must provide the City with a copy of the current DNR Watercraft Registration or US Coast Guard documentation or recently applied for DNR Watercraft Registration or US Coast Guard documentation for each watercraft, at the time of application. This DNR Registration or US Coast Guard documentation must verify that the watercraft is in the name of the site holder at a City of Mound address. The holder of a dock license shall not keep more than one declared Primary Watercraft at the licensed dock. Secondary Watercraft to be moored at the licensed dock must first be declared with the City of Mound Dock Program. If a declared watercraft is removed from the City dock program, the site holder may substitute a replacement watercraft upon providing the City with required documentation as stated above. Newly declared replacement watercraft may be subject an additional LMCD fee. Subd. 2. Allowable Mooring of Non -Owned Watercraft. Mooring of watercraft not owned by the dock licensee (Primary Site Holder or Secondary Site Holder) is permitted for a period of up to 48 hours, two times in a calendar year. Mooring of watercraft not owned by the dock licensee (Primary Site Holder or Secondary Site Holder) is not permitted for a period in excess of 48 hours unless a Temporary Visiting Dockage Permit has been first obtained by the licensee from the City and the fees established by the City have been paid. All Temporary Visiting Dockage Permits shall contain the DNR registration number or US Coast Guard documentation (and copies of • same) of the boat and shall be limited to 21 days. No more than one Temporary Visiting Dockage Permit may be issued in any calendar year to an individual dock licensee. Unless permitted under the preceding two subsections, no watercraft shall be moored at a City dock site. Subd. 3. Dock Structure and Dimensions Licensed docks shall be erected and maintained by the licensee at his or her sole expense and liability for same. Docks shall not be less than 24" wide or more than 48" in width with the exception that one 72" x 72" section is allowed. All dock structure configurations must stay within the licensee's dock use area as stated on the approved dock location map addendum and shall not infringe on an adjacent city controlled dock site. Further, all dock use areas must conform to current LMCD setbacks from private property. Docks shall not exceed 24 feet in length except where necessary to reach a water depth of 48", using Lake Minnetonka elevation levels of 929.40 feet above sea level. Channel docks, where navigation is limited and docks must be installed parallel to the shoreline, cannot be less than 24" wide or more than 72" in width. The length shall be limited to current LMCD regulations and shall not infringe on an adjacent dock site. All docks extensions into the lake shall be placed perpendicular to the shoreline unless conditions warrant otherwise. This shall be at the discretion of the Dock Administration. All docks should be built of sound, aesthetically pleasing materials and be constructed of a standard that is safe for the public's health, safety and welfare as determined by the City. Docks and other appurtenances shall not be unsightly or create a public nuisance. No tire or tires shall be hung or attached on dock posts, dock poles, or on dock hardware. • The Dock Administration may grant exceptions to the provisions of this section in Proposed Dock Ordinance; Revised 10 -23-08 Page 5 of 10 -2424- instances where it is found that the exception is necessitated due to unusual • circumstances, and if granted would not have a detrimental impact on the public safety or welfare. Subd. 4. Dock Use Area Maintenance The licensee is responsible for the maintenance of their shoreline dock use area. Maintenance shall fflay include, but not limited to, grass cutting and weed removal WFAFAORg. If aquatic vegetation is removed from the shoreline and placed in an upland area the site holder is required to dispose of it in a timely manner. Failure to adhere to this could cause for revocation of the license or recommendation for non - renewal of their application. Subd. 6. Dock Use Area Combining Two adjoining, Primary Site Holders may combine their dock use areas into one combined larger dock use area for the installation of one dock. They must, however, continue to apply for and pay for their separate dock site locations. Upon notice to the City of their termination of participation in the combined dock facility, they shall each be entitled to return to such separate dock site locations. Subd. 6. Secondary Site Holder Primary Site Holders may elect to add a Secondary Site Holder. A Secondary Site Holder is a user on a dock that is licensed to a Primary Site Holder. The Secondary Site Holder is not a licensee, and may continue to use the licensed dock only at the discretion of the Primary Site Holder, and subject to the provisions of this section and the following conditions: A. The dock site is considered by the Dock Administration as being a shareable location. This is subject to their discretion and can change as boat sizes change or other unforeseen issues arise. • B. Before being eligible to be a Secondary Site Holder, that individual must have been on the waiting list the previous season and must have renewed their waiting list application for the current season. C. No Secondary Site Holder shall have past due property taxes, municipal utility fees, including but not limited to water and sewer bills, and penalties and interest thereon. D. The application be amended adding the Secondary Site Holder and includes all information as is stated in Section 438.10. All applicable fees must be paid at time of adding Secondary Site Holder. E. On non- abutting dock sites, a Secondary Site Holder can claim priority rights to become that sites' Primary Site Holder when all of the following have occurred: 1. The Primary Site Holder does not renew his or her application within -the timeframe listed within this Section. 2. The Secondary Site Holder has participated in the program a minimum of two consecutive full boating seasons on the site not being renewed. The full boating season requirement is met when the secondary site holder is added between January 1st and May 31st of the license year. If both of these criteria have not occurred, the City is not obligated to provide a dock • Proposed Dock Ordinance; Revised 10 -23 -08 Page 6 of 10 -2425- • or slip to the Secondary Site Holder. Subd. 7. Public Lands and Public Water Storage and Removal and Reinstallation. A. Docks and lifts or portions thereof may not be left in the water or on public land if they conflict with the following uses: • Slide area • Snowmobile crossings • Skating rinks • Trails • Road access • Other conditions or circumstances that are determined by the Council to have an adverse affect on adjacent properties. Docks in the areas listed above shall be removed not later than November 1. Docks in other areas shall be removed from the waters of Lake Minnetonka no later than January 1. B. Unless subject to the removal requirements of paragraph (A), docks and lifts may be left in the waters during the winter months in channels, protected bays and other areas not generally susceptible to ice flows or ice heaving. Docks may be partially removed, provided that those sections left in public waters are complete. No poles, posts, stanchions or supports standing alone shall remain in public waters. Docks and lifts must be brought up to the construction standards outlined in • Subsection 438.20 within 4 weeks after the ice goes out in the spring of the year (approximately May 15). If the dock does not meet construction standards, the procedures as specified in Subsection 438.25 will apply. Storage shall be restricted to dock materials, dismantled docks and dismantled boat lifts on City land designated for dock locations as shown on the approved Dock Location Map and Addendum. Storage shall be done in an orderly, compact, and unobtrusive manner. Storage shall not include watercraft or trailers. In all areas other than Class C Commons (as indicated on the approved Dock Location Map and Addendum), all docks and associated hardware and lifts must be installed in public waters or removed from public lands between June 1*5t and September 1 st of each year. Subd. 8. Removal of Docks Following End of License. Upon non - renewal or revocation of a dock license, the Primary Site Holder must completely remove the dock, accessory items and lifts from public waters and public land. Items not removed will be deemed abandoned to the City and will be removed by the City or a designated contractor and all costs of removal and disposal will be the responsibility of the last licensee for that dock site. Subd. 9. Compliance with all laws. All licensees shall be responsible for themselves, any Secondary Site Holders, guests and invitees in observing all applicable laws including, with out limitation, those intended to preserve peace, quiet and good order. Conviction for a • violation of any law in the course of the use of any dock or slip, will subject the licensee to the enforcement and penalty provisions of this chapter. Proposed Dock Ordinance; Revised 10 -23 -08 Noe 7 of 10 -2426- Subd. 10. Dock Location Map and Addendum. Docks shall be located in accordance is with the approved Dock Location Map and Addendum. These shall be maintained by the Dock Administration and kept on file in the City Offices. Such Dock Location Map and Addendum shall contain the following information: A. City controlled shoreline on Lake Minnetonka. B. Lineal footage markings for purposes of establishing dock locations. C. Shoreline Classifications and definitions of such. D. Addendum shall include: Site #, shoreline classifications, abutting or non - abutting site, shoreline location name, designation of being a dock site or slip site, Slip Use Area, abutting site addresses. Current restrictions on dock site locations such as one -sided dock and site removal at non - renewal, and any information regarding any variance granted by the LMCD or other permitting agency, shall also be listed. E. Access points, and other relevant information as is necessary to review dock locations and to allow the City Council and the Dock Administration to protect the public lands and public water. Subd. 11. Review of Map. At least once a year, the Dock Administration will present to the Parks, Open Space and Docks Commission its recommendations for changes to the Dock Location Map and Addendum. This review shall occur between September 1 and • December 31 before each new boating season. The POSDC's recommended changes must be considered by the City Council on or before January 15. Final approval of the Dock Location Map and Addendum shall be made by the City Council. At any point in time the City Council may make changes to the Dock Location Map and Addendum. These changes may include, but not limited to, removal or addition of sites or slips. 438.25 Enforcement Subd. 1. Failure to Declare Watercraft. Mooring of an undeclared watercraft will result in the imposition of a civil penalty against the dock license holder as established by the City. The civil penalty will be forgiven if the dock license holder declares the watercraft within 5 business days. If, after such 5 day period, the watercraft is not declared and the watercraft is still moored at the licensed dock the Dock Administration will recommend to the City Manager that the Dock License and any watercraft declarations issued for all watercraft moored at that dock be revoked for the balance of the Dock License year, and that the holder not be eligible to apply for a Dock License for the next following license year. Additionally, no new dock license will be issued following such revocation until all unpaid civil penalties and any delinquent dock program related fees or penalties have been paid in full. Further, watercraft may be impounded and all associated costs will be the responsibility of the watercraft owner. Subd. 2. Denial, Suspension or Revocation of License A. No license shall be issued to any applicant with past due property taxes, civil • Proposed Dock Ordinance; Revised 10 -23-08 Pam 8 of 10 -2427- penalties related to Dock Program, and any other delinquent fees or penalties related to the Dock Program, municipal utility fees, including but not limited to water and sewer bills, and penalties and interest thereon. If said past due obligations are not paid by April 15"' of the license year, all dock rights will be revoked immediately. B. If the licensee has not maintained a previously licensed dock, the Dock Administration may recommend to the City Manager that their existing license be revoked, and the licensee's priorities under this section be forfeited for the current year and for the next boating season. C. The license will be revoked or suspended by the Dock Administration for non- compliance with any of the requirements of this chapter. D. If the licensee has not completed a pending correction order concerning a stairway or structure used to access the dock, the Dock Administration may recommend to the City Manager that their existing license be revoked, and the licensee's priorities under this Section 438 be forfeited for the current year and for the next boating season. E. The City may at any reasonable time inspect or cause to be inspected any dock erected or maintained upon or abutting upon any public street, road, park, or commons, If it appears that any dock has not been constructed or properly • maintained, the area surrounding the dock site has not being maintained in accordance with this section, or dock is not consistent with plans or location approved by the Council, the City shall notify the licensee in writing of such violation(s). The licensee shall have ten days after receiving such notice of violation to remove such dock or make the same comply with the terms of this section. In the event that licensee shall fail, neglect or refuse to remove such dock or make the same comply with the terms of this section within that ten days, the license shall be revoked by the City and notice of such revocation shall be directed to licensee. Subd. 3. Notices. All notices of revocation, suspension, non - renewal, or denial herein required shall be in writing by first class, certified mail or by personal service, directed to the licensee at the address given in the application. Subd. 4. Appeal. The licensee may appeal the notice to the City Manager at any time within 10 days of the date of receipt by serving a written notice of appeal on the City Clerk. Upon such notice of appeal, the City Manager or the City Manager's designee will conduct a hearing on the matter at a date and time reasonably convenient to the holder, but in no event later than 20 days following the date the notice of appeal is served on the City Clerk. If following the hearing, the City Manager, or designee, finds that the licensee was in violation of the provisions of this section regarding the declaration of watercraft moored at licensed docks, the City Manager or designee may revoke the Dock License of the dock license holder for the current license year, and may disqualify the holder from applying for or receiving a Dock License for the next following license year, and until any civil penalties have been paid in full • Proposed Dock Ordinance; Revised 10 -23 -08 Paae 9 of 10 -2428- 438.30 Penalty. Any person or persons who shall violate any of the prohibitions or requirements of this ordinance shall be guilty of a misdemeanor. In addition to any criminal penalties as above provided, the Dock Administration may remove or cause to be removed any dock erected without a license as required by this Section, or where any license has been revoked as provided by this Section. Removal of unlicensed docks or docks which fail to comply with the City Code will be at the expense of the owner or licensee. No person convicted of violating City ordinances relating to docks will be issued a dock license for the present or for the next boating season, and said person forfeits any priorities set forth in this Section 438. C7 Proposed Dock Ordinance; Revised 10 -23 -08 Pang 1 n nf 10 - 2429 Proposed SECTION 439 — SLIP ORDINANCE • 439.05 Definitions Subd. 1. Abutting Residence: A residence whose extended lot lines to the shoreline, fall within the City designated dock or slip location as indicated on the approved Dock Location Map and Addendum. Subd. 2. Applicant: Any resident of Mound who completes any of the Dock Program applications, whether they were a site holder from the prior year or submitting an application for the first time. Subd. 3. Dock: Any wharf, pier, boat ramp, mooring buoy or other structure constructed or maintained in, upon, or into the water of a lake from publicly controlled shore land. Subd. 4. Dock Administration: Means Docks Administrator, Parks Superintendent and Summer Dock Inspector Subd. 5. Dock Use Area (DUA): Area for use of installation of dock, lifts, mooring of watercraft and navigation of their watercraft to /from such dock, lift or mooring. Shoreline DUA and extension into lake of the DUA may not be the same lineal footage. • Subd. 6. LMCD: Means the Lake Minnetonka Conservation District. Subd. 7. License: Yearly permission from the City of Mound that allows an applicant to either have a dock or moor a watercraft to a City -owned slip all on City controlled shoreline. Subd. 8. License Year: March 1 st thru the last day of February of the following year. Subd. 9. Lottery: Method of establishing Third Priority and Fourth Priority applicants beginning position on the Wait List. Subd. 10. Moored: Parking of a watercraft to a dock or slip. Subd. 11. Multiple Slip Dock: City of Mound owned marina -type docking complex. Subd. 12. Non- Abutting Resident: Resident of Mound residing in an inland property from Lake Minnetonka or a Lake Minnetonka shoreline property on non - dockable shore. Subd. 13. POSDC: Means the Parks, Open Space and Docks Commission. Subd. 14. Primary Site holder: Individual resident to whom the City issues the Dock or Slip license. • Subd. 15. Primary Watercraft: First watercraft declared on Dock License Application. Proposed Slip Ordinance; As of 10 -23 -08 Page 1 of 7 -2430- 439.10 Subd. 16. Secondary Site holder: Individual resident who shares a dock site with a Primary Site Holder. Subd. 17. Secondary Watercraft: All additional watercraft declared in excess of • Primary Watercraft. Subd. 18. Slip: Mooring location of a watercraft on a City owned multiple slip dock complex. Subd. 19. Site #(Dock): The shoreline lineal footage marking that represents the center of a Dock Use Area along the shoreline. Subd. 20. Site #(Slip): Shoreline lineal footage that could indicate either the slip complex access point or the center 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 the bowsprits, decks, anchors, platforms, motors and other equipment and attachments in their normal operating position. 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. Application Procedure • Subd. 1. Application Form. Applications for slip 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 — 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. A current Minnesota Driver's License or Minnesota Identification Card showing residency at the address may be, but is not necessarily, evidence of residency. Other evidence sufficient to establish residency includes proof that the applicant resides at the address shown on the application in the summer months, that the property is owned by the applicant, and that the property is not occupied during other times of the year by anyone other than applicant or applicant's family, or both. C. Phone number (s) of the applicant. D. Signature of the applicant. E. Watercraft liability insurance company and policy # showing that the insured is in the name of the applicant. F. Declaration of Watercraft. At the time of submitting the annual multiple slip • license application, the applicant will declare the watercraft that the applicant intends to moor at the slip. Required information for declared watercraft shall be Proposed Slip Ordinance; As of 10 -23 -08 Page 2 of 7 -2431- pursuant to 439.20 Subd. 1. G. Fees Paid. The annual application fee and license fee shall be established in . accordance with the provisions of Section 500 of the City Code. Lake Minnetonka Conservation District fees, as established by that organization, must also be paid. Subd. 2. Application Deadlines. All applications shall be made between the first business day in January and must be received at City offices by the last day of February or must have the postmark of the United States Post Office by the last day of February. Subd. 3. Late Applications. A. Abuttina Applicants: Late fees will be in effect as established by the City. B. New abutting applicants: A late fee, as established by the City, will only be assessed if the application and fees are not submitted within 30 days after which an abutting resident moves into the City. C. Non-Abutting Applicants: Site holder will not be allowed to retain their 2nd priority status and must relinquish their slip site. They may, however apply to be a waitlist applicant if the waiting list application and fees are submitted to City Hall by noon on the day preceding the March POSDC Meeting. D. Waitlist Applicants: They will not retain their position on the waitlist. Subd. 4. Refund of Submitted Fees /Surrender of License. An applicant/licensee who is withdrawing from the program and surrendering the slip license may request a • refund of fees paid less an administrative fee, as established by the City, if a request to terminate is made in writing to the Dock Administration. Requests must be received at City offices by /on May 31St or must have the postmark of the United States Post Office by May 31St of the boating season. Subd. 5. One Application per Individual Resident. The owner of an - apartment building, rental home or multiple dwelling shall not apply for slip licenses for his renters or lessees. He or she is entitled to make application for slip license for him or herself if he or she is a resident of the City. Subd. 6. Wait List Applicants: First time wait list applicants beginning position on the wait list shall be by lottery in accordance with such process as the City Council shall from time to time determine by resolution. 439.15 Licenses. Subd. 1. License Required. No person shall moor a watercraft at a City -owned multiple slip complex without first receiving a license from the City in accordance with the provisions of this Section 439. Subd. 2. Licenses Non - Transferable. Slip licenses issued by the City are personal in nature and may be used only by the site holders or members of their households. No slip licensed by the City may be rented, leased, or sublet to any person, • partnership or corporation. If a licensee rents, leases, sublets, or in any manner charges or receives consideration for the use of his or her slip, his or her license shall be revoked. Subd. 3. Dock Administration to Issue Licenses. The Dock Administration shall Proposed Slip Ordinance; As of 10 -23-08 Page 3 of 7 -2432- review all applications. No license shall be issued by Dock Administration until it has first determined that the boat size as listed on the application is in compliance with the Slip Use Area limitations on the approved Dock Location Map Addendum. • Subd. 4. License Priorities. The Dock Administration shall assign all locations to the applicants upon compliance with this ordinance and subject to reasonable conditions. The following priorities govern the issuance of slip licenses: A. First Priority: An abutting resident has first priority for a City designated location within his or her lot lines extended to the shoreline on Lake Minnetonka. Nothing in this provision shall restrict a resident from requesting and receiving a location on an available multiple slip located within the extended lot lines of his or her property. B. Second Priority: Non - abutting site holder applicant. C. Third Priority: Wait list applicants. As determined by the lottery and resulting waitlist. D. Fourth Priority: Residents living in a home that has dock able, private lake frontage on Lake Minnetonka shall have the last priority each year for a dock or slip on public lands and last priority to become a secondary site holder. Subd. 5. Special Rule: Newly - created abutting lots. The resident of a newly - created abutting lot will be entitled to the first priority described above unless providing that priority would result in the elimination of one or more slip sites on an established multiple dock due to encroachment. In such case, the resident of the newly created abutting lot will be assigned an available slip on the multiple beginning with the next • license year, or in that license year if a slip is available on the multiple. In addition, the resident will have first priority to chose a particular slip when such slip becomes available 439.20 Regulations Subd. 1. Declaration of Watercraft — Requirements. Watercraft that are moored at a city multiple slip site must be declared on the Multiple Slip License Application and meet the Slip Use Area criteria. The applicant must provide the City with a copy of the current DNR Watercraft Registration or US Coast Guard documentation or recently applied for DNR Watercraft Registration or US Coast Guard documentation for the watercraft, at the time of application. This DNR Registration or US Coast Guard documentation must verify that the watercraft is in the name of the site holder at a City of Mound address. If a declared watercraft is removed from the city dock program, the site holder may substitute a replacement watercraft which must meet the Slip Use Area criteria, upon providing the City with required documentation (as stated above). Subd. 2. Watercraft Declaration and Use Required bylon May 318t. A licensee must declare the watercraft they intend to moor at the slip on or before May 31St. Further, the declared watercraft for the licensed slip must be moored at the slip no later than May 31 st of the boating season for which the license was issued. If inspections disclose that the site holder has not complied with this usage requirement, the City may revoke the • license by written notice to the licensee. The site holder will forfeit any fees paid to the City for the slip. The site holder has the right to appeal the revocation. Any such appeal Proposed Slip Ordinance; As of 10 -23-08 Page 4 of 7 -2433- must be filed in writing with the City Manager within 10 days after mailing of the City's notice of revocation. The appeal must specify reasons objecting to the City's decision • and any mitigating circumstances or other facts relating to the site holder's failure to declare a watercraft or moor the declared watercraft at the slip. The appeal will first be referred to the Parks, Open Space and Docks Commission ( POSDC) for review and recommendation. Following receipt of the POSDC review and recommendation, the City Council will hear the appeal at a regular meeting and will consider any written or oral information presented by the site holder, the public and City staff. After consideration of such information, the City Council will affirm or reverse the decision to revoke the license. If the decision is affirmed, the City will re -issue the slip to a qualified person upon payment of the full fee for the license. Subd. 3 Exception to Watercraft Declaration or Use Requirement. At any time prior to the deadlines stated in Subd. 2, the slip license holder may request an exception from the May 31st declaration and use provisions by written request to the Dock Administration stating the facts, circumstances and hardships which would support the requested exception. If the Dock Administration determines that there are circumstances that would create undue hardships for the slip license holder if the May 31 st provisions are strictly enforced, the Dock Administration may grant an appropriate exception to the slip license holder. The exception may be limited to a specific watercraft and may be subject to time limitations or other conditions as may be imposed. Subd. 4. Voluntary Suspension of Slip License. A licensed slip holder may voluntarily suspend the right to a license for one boating season by written notice to the Dock Administration on or before May 31 st of the boating season for which the license is • issued. A refund of their paid fees less administrative fees as established by the City, will be issued in a timely manner. The City will sublet the slip to a person from the waiting list. The person who sublets the slip for the season remains on the wait list with the same priority. The original licensee will be entitled to apply for that slip the following year. No person shall be allowed to voluntarily suspend their slip license for two consecutive boating seasons. A slip licensee who does not comply with the provisions of, or obtain an exception under the regulations of this section, or does not provide written request of voluntary suspension by or on May 31st, will lose all slip rights. Subd. 5. Multiple Slip Complex Regulations, The City multiple slip complexes are intended for giving licensed slip holders access to their moored watercraft. Slips shall not be used by people for any other purposes such as swimming or fishing. Watercraft shall be stored entirely within the area of the slip for which it is licensed. A. Spring Installation: The City's multiple slip complexes will be installed as weather permits and on the contracted installers schedule. Generally, installation is complete by the Friday of Memorial weekend. Once a complex is completely installed with bumpers, the licensed slip holders may begin mooring of their declared watercraft to the slip site. B. Fall Removal: Slip holders will be notified in writing by the City of the date their watercraft and all items must be removed from the multiple slip complexes. • Watercraft moored at the slip complex after the deadline will be subject to a penalty as established by the City. Further, watercraft may be impounded and all associated costs will be the responsibility of the watercraft owner and /or licensee. Proposed Slip Ordinance; As of 10 -23-08 Page 5 of 7 -2434- Other items not removed by the site holder will be removed by the City and disposed of. C. Personal items on Slip Complexes. There shall be no storage or attachment • of personal items on the slip complex. This includes but is not limited to: boat lifts, canopies, storage boxes, benches, canoe or kayak racks. D. Alteration of Slips or Slip complexes: There shall be no physical alteration, maintenance or repair of the slip complex or individual slips. Subd. 6. Compliance with all laws. All licensees shall be responsible for themselves, any Secondary Site Holders, guests and invitees in observing all applicable laws including, with out limitation, those intended to preserve peace, quiet and good order. Conviction for a violation of any law in the course of the use of any dock or slip, will subject the licensee to the enforcement and penalty provisions of this chapter. Subd. 7. Dock Location Map and Addendum. Docks and slips shall be located in accordance with the approved Dock Location Map and Addendum. These shall be maintained by the Dock Administration and kept on file in the City Offices. Such Dock Location Map and Addendum shall contain the following information: A. City controlled shoreline on Lake Minnetonka. B. Lineal footage markings for purposes of establishing dock locations. C. Shoreline Classifications and definitions of such. D. Addendum shall include: Site #, shoreline classifications, abutting or non- • abutting site, shoreline location name, designation of being a dock site or slip site, Slip Use Area, abutting site addresses. Current restrictions on dock site locations such as one -sided dock and site removal at non - renewal, and any information regarding any variance granted by the LMCD or other permitting agency, shall also be listed. E. Access points, and other relevant information as is necessary to review dock locations and to allow the City Council and the Dock Administration to protect the public lands and public water. Subd. 8. Review of Map. At least once a year, the Dock Administration will present to the Parks, Open Space and Docks Commission its recommendations for changes to the Dock Location Map and Addendum. This review shall occur between September 1 and December 31 before each new boating season. The POSDC's recommended changes must be considered by the City Council on or before January 15. Final approval of the Dock Location Map and Addendum shall be made by the City Council. At any point in time the City Council may make changes to the Dock Location Map and Addendum. These changes may include, but not limited to, removal or addition of sites or slips. 439.25 Enforcement Subd. 1. Failure to Declare Watercraft. Mooring of an undeclared watercraft will result in the imposition of a civil penalty against the holder of the slip License as established by the City. The civil penalty will be forgiven if the slip license holder declares the watercraft within 5 business days. If, after such 5 day period, the watercraft is not is declared and the watercraft is still moored at the slip the Dock Administration will recommend to the City Manager that the slip license and any watercraft declarations Proposed Slip Ordinance; As of 10 -23-08 Page 6 of 7 -2435- issued for watercraft moored at that slip site be revoked for the balance of the license year, and that the holder not be eligible to apply for a license for the next following • license year. Additionally, no new license will be issued following such revocation until all unpaid civil penalties and any delinquent dock program related fees or penalties have been paid in full. Further, watercraft may be impounded and all associated costs will be the responsibility of the watercraft owner. Mooring of a declared watercraft that does not meet the Slip Use Area criteria must be removed immediately or the Dock Administration will recommend to the City Manager that the slip license and any watercraft declarations issued for watercraft moored at that slip site be revoked. Further, watercraft may be impounded and all associated costs will be the responsibility of the watercraft owner. Subd. 2. Denial Suspension or Revocation of License A. No license shall be issued to any applicant with past due property taxes, civil penalties related to Dock Program; and any other delinquent fees or penalties related to the Dock Program, municipal utility fees, including but not limited to water and sewer bills, and penalties and interest thereon. If said past due obligations are not paid by April 15th of the license year, all slip rights will be revoked immediately. B. The license will be revoked or suspended by the Dock Administration for non - compliance with any of the requirements of this chapter. Subd. 3. Notices. All notices of revocation, suspension, non - renewal, or denial herein required shall be in writing by first class, certified mail, or by personal service, • directed to the licensee at the address given on the application. Subd. 4. Appeal. The licensee may appeal the notice to the City Manager at any time within 10 days of the date of receipt by serving a written notice of appeal on the City Clerk. Upon such notice of appeal, the City Manager or the City Manager's designee will conduct a hearing on the matter at a date and time reasonably convenient to the holder, but in no event later than 20 days following the date the notice of appeal is served on the City Clerk. If following the hearing, the City Manager, or designee, finds that the licensee was in violation of the provisions of this section regarding the declaration of watercraft moored at licensed slips, the City Manager or designee may revoke the license of the slip license holder for the current license year, and may disqualify the holder from applying for or receiving a Slip License for the next following license year, and until any civil penalties have been paid in full. • 439.30 Penalty. Any person or persons who shall violate any of the prohibitions or requirements of this ordinance shall be guilty of a misdemeanor. In addition to any criminal penalties as above provided, the Dock Administration may remove or cause to be removed any watercraft moored without a license as required by this Section, where any license has been revoked as provided by this Section. Removal of unlicensed watercraft which fail to comply with the City Code will be at the expense of the owner or licensee. This may include, but not limited to, impounding and storage. No person convicted of violating City ordinances relating to slips will be issued a license for the present or for the next boating season, and said person forfeits any priorities set forth in this Section 439. Proposed Slip Ordinance; As of 10 -23-08 Page 7 of 7 -2436- c � wm+ta � aw , . circumstances, and if granted would not have a detrimental impact on the public safety or welfare. o M emoval / (, off, �1 ! J (0, f • Subd. 4. Doc se Area Maintenance The license is re ponsible for the maintenance of their shftor ine dock se area. Maintenance ma nclude, but not limited to, grass cutting and weed trimmin ' x4.�n "m':� u'uw w t lnw s _ w.. `Wa � Y«..�e 5;. _ ♦;�y s G� I �.� Failure to adhere to this could use for revocation of the license or recommendation for non - renewal of their application. t ! , 40 bY4 �40-_,Nx, rm; r Subd. 5. Dock. Use Area Combining Two adjoining, Primary Site Holders may combine their dock use areas into one combined larger dock use area for the installation of one dock. They must, however, continue to apply for and pay for their separate dock site locations. Upon notice to the City of their termination of participation in the combined dock facility, theY shall each be entitled to return to such separate dock site locations. Subd. 6. Secondaryy Site Holder Primary Site Holders may elect to add a Secondary Site Holder. A Secondary Site Holder is a user on a dock that is licensed to a Primary Site Holder. The Secondary Site Holder is not a licensee, and may continue to use the licensed dock only at the discretion of the Primary Site Holder, and subject to the provisions of this section and the following conditions: A. The dock site is considered by the Dock Administration as being a shareable location. This is subject to their discretion and can change as boat sizes change or other unforeseen issues arise. B. Before being eligible to be a Secondary Site Holder, that individual must have been,on the waiting list the previous season and must have renewed their waiting list application for the current season. C. No Secondary Site Holder shall have past due property taxes, municipal utility fees, including but not limited to water and sewer bills, and penalties and interest thereon. D. The application be amended adding the Secondary Site Holder and includes all information as is stated in Section 438.10. All applicable fees must be paid at time of adding Secondary Site Holder. E. On non - abutting dock sites, a Secondary Site Holder can claim priority rights to become that sites' Primary Site Holder when all of the following have occurred: 1. The Primary Site Holder does not renew his or her application within the timeframe listed within this Section. 2. The Secondary Site Holder has participated in the program a minimum of two consecutive full boating seasons on the site not being renewed. The full boating season requirement is met when the secondary site holder is added between January 1St and May 31St of the license year. If both of these criteria have not occurred, the City is not obligated to provide a dock • Docks 5- 20- 08- Revised 9-23 -08 Page 6 of 6 -2437- c CITY OF LVA 0,n S i To: Park, Open Space ano Docks Commission From: Dock Administration Date: 9/26/08 Re: Requested Dock/Slip Ordinance Changes 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com The proposed new Dock and Slip ordinances were an agenda item at the June 12th, 2008 POSDC meeting. During the POSDC discussion, staff was directed to look into several items for possible change. Below is a summation of each of these items and staffs change or comments. • 1) Staff was directed to draft verbiage to allow for certain storage on Class C commons and not allow watercraft be included in `storage'. Please see attached portion of Ordinance. Staffs recent change is highlighted in gray. 2) Staff was directed to ask legal council if they feel requiring insurance (of dock site holders, not just slip site holders) should be considered. John's Dean's response: "The City could always have some liability but could be it would be hard to find the City liable in most cases. A notable exception could be a situation where the design or layout of the dock sites (a City responsibility) contributed to the casualty. On a more policy- related level, the City might think it desirable that site holders have insurance so that damages and injuries to others would be compensated if the site holder was responsible." Staff response: The reality is that the City will always be considered liable no matter if there is site holder insurance in place or not. The administrative cost of requiring this of over 350 people will be significant. 3) The Commission asked that a sentence be added addressing weed • removal on the Commons. This relates to aquatic vegetation. Filename: Memo to POSDC 9- 23-08; their chgs printed on recycled paper -2438- The City does not have jurisdiction to regulate under the Ordinary High • Water mark of 929.4. However, staff would recommend that if a site holder removes aquatic vegetation to an upland area, they be required to dispose of it. Please see attached portion of Ordinance. Staff's recent change is highlighted in gray. From this point, these Ordinance changes will be on the City Council Meeting Agenda at their Monday, November 10th, 2008 meeting. Filename: Memo to PQSDC 9- 23-08; their chgs -2439- • • circumstances, and if granted would not have a detrimental impact on the public safety or welfare. Subd. 4. Dock Use Area Maintenance The licensee is responsible for the maintenance of their shoreline dock use area. Maintenance may include, but not limited_ �x �� R to, grass cutting and weed tni rn! GLEI '.' N r' � N °� � � , r�errrc�ve r, 0 Failure to adhere to this could cause for revocation of the license or recommendation for non - renewal of their application. l? u P B. J* C. No Secondary Site Holder shall have past due property taxes, municipal utility fees, including but not limited to water and sewer bills, and penalties and interest thereon. D. The application be amended adding the Secondary Site Holder and includes all information as is stated in Section 438.10. All applicable fees must be paid at time of adding Secondary Site Holder. E. On non- abutting dock sites, a Secondary Site Holder can claim priority rights to become that sites' Primary Site Holder when all of the following have occurred: 1. The Primary Site Holder does not renew his or her application within the timeframe listed within this Section. 2. The Secondary Site Holder has participated in the program a minimum of two consecutive full boating seasons on the site not being renewed. The full boating season requirement is met when the secondary site holder is added between January 1St and May 31st of the license year. • If both of these criteria have not occurred, the City is not obligated to. provide a dock ... Ddd S'2M&- RMiged,.9.2"- 8 F- 2440 Subd. 7. Public Lands and Public Water Storage and Removal and Reinstallation. A. Docks and lifts or portions thereof may not be left in the water or on public land if they conflict with the following uses: • Slide area • Snowmobile crossings • Skating rinks • Trails • Road access • Other conditions or circumstances that are determined by the Council to have an adverse affect on adjacent properties. Docks in the areas listed above shall be removed not later than November 1. Docks in other areas shall be removed from the waters of Lake Minnetonka no later than January 1. B. Unless subject to the removal requirements of paragraph (A), docks and lifts may be left in the waters during the winter months in channels, protected bays and other areas not generally susceptible to ice flows or ice heaving. Docks may be partially removed, provided that those sections left in public waters are complete. No poles, posts, stanchions or supports standing alone shall remain in public waters. Docks and lifts must be brought up to the construction standards outlined in Subsection 438.20. within 4 weeks after the ice goes out in the spring of the year (approximately May 15). If the dock does not meet construction standards, the procedures as specified in Subsection 438.25 will apply. Storage shall be restricted to dock materials, dismantled docks and dismantled boat lifts on City land designated for dock locations as shown on the approved Dock Location Map and Addendum. Storage shall be done in an orderly, compact, and unobtrusive manner. . all docks and associated hardware and lifts must b owe -+3r mux. u installed in public waters or removed from public lands between June 1St anc September 1St of each year. Subd. 8. Removal of Docks Following End of License. Upon non - renewal or revocation of a dock license, the Primary Site Holder must completely remove the dock, accessory items and lifts from public waters and public land. Items not removed will be deemed abandoned to the City and will be removed by the City or a designated contractor and all costs of removal and disposal will be the responsibility of the last licensee for that dock site. I] • Subd. 9. Compliance with all laws. All licensees shall be responsible for themselves, any Secondary Site Holders, guests and invitees in observing all applicable laws including, with out limitation, those intended to preserve peace, quiet and good order. Conviction for a violation of any law in the course of the use of any dock or slip, will subject the licensee to the enforcement and penalty provisions of this chapter. • Docks 520- 08- Revised-9 -23-08 Paae 7 of 7 -2441- 10 • • Current Mound. City Code 437.00 Section 437 DOCK AND SLIT' LICENSES 437.01 Licenses, Docks. Subd.1. Docks Defined. For purposes of this Section 437, the term "dock" means any wharf, pier, boat; ramp; :boat:; slip., mooring .buoy, or other structure constructed or maintained in, upon, or into the water of a lake from publicly owned shoreland. Subd 2, License Required No person shall erect, keep, or maintain a dock on or abutting upon any public stfeel, road, park, or ct�mrnons without first securing a license therefor from the City in accordance with the provisions of this Section 437. Subd. 3. License P ate Location. One.license:plate shallbe ecureiy fxed to a "licensed dock: The liceri shall be on the shoreland end of the;.dock. License plates shall''be issued° y .the Dock Inspector after apprQYal,: ,0f the license application, shall be maintained by the license& nits original color;..and shall remain prop" ,Cty of Mound the of thei , , , Subd: 4. ''Transfers: DbcYc licenses are no�trani >ferable betweenticetasees;1II licenses shall be issued by-tf a City to e`ji6 - licensee'. in :accordarisye with: °tlae prouisons of,this S;ect�on. ex irat t ii,� a dock W' nsi the fice�nsee Swbd . Reinvi��t�cksx upon P -_ ,.. !'7�.r- .'�'�A..a � -".s '.... y. gatL''•Sm'+fl''A'f'Y'f'1t►i17! �.�1i1i7 the name oi'the stte sno�aer a►��y !�� ,�W••;�w..,.•.. - *;. 3 be . o"Ored r parkedF at a .Ii00nsod docl ; �t must, be- ,designated,;by su p y�rig the same proof of watercraft license to the City before parking or mooring the wai�crait at the dockisli p site Parking or mooring of a non - designated watercraft .at a City dock srEe Wilt, resralt in the imposition of a eNO penalty,.agatlnst the holder of thi~ dock license: as establiShed•irt a rdar�t±e with the�provisien o Secti n 500�f to City Code Failure to pay the ° rc»il penalty M ten days , of imposition.,. is a misd mearor and Will result in force 611 under` Subsection 437:4. (C)ID: 10- 2001, jiifl o1) (ORD., 7 -20Ob; 1 14 /Obj Current Ordinance Page 1 of 15 -2442- NOTE: There �.Q chi (Charter Boat Use). This be 438. Slips will be 439. of 437.02 Docks will 437.02 Charter Boat Use of Municipal Docks Subd. 1. Definitions. The following words and terms when used in this section shall have the following meanings. A. Charter Boat means any.boat,or watercraft which is used forthe transportation. of passengers,for a fee. B. Pilot means the person operating any charter boat. C'� Greenway municipal dock means the municapal,transient mooring. located neahest to the 'Shoreline Drive and Auditor' road intersection and excludes #lie dockage included in the lCornmonsProgram for the Villas on Lost "Lake Subdjvi §ion: Subd. 2. Permit and Aa.plicadon Required. No Charter Boat shall be parked, moored, stored, placed, kept or: tied tip to the Creeraway dockwithout first having secured a Charter Boat License from the City =of Mound Any person desiring to secure such a permit shall make application on a form s upplied bv._the Cirtv..Each application shall.state, among other.things his or, her name, address, Subd. '3'' I "nsurance. Each application shall be accompanied by evidence of -liab' ity insurance coverage with- a minimum, A.MIR p occurrence. The policy shall provide that no payment of ,any clafr company will in any maraner'decrease the coverage;proaiided for brought against the insured or the insuring company. The policy Current Ordinance Page 2 of 15 -2443- and ;r ciam(s) Dvide that no 01 *I cancellation for any cause shall be made by either the insured or the insuring company without 30 days prior written notice to. °the .City . The policies shall be .issued ;in the name • of all artne, rs if the licensee is a partnership and in the name of the corporation of other otganiaati °qn the Iicettses<1ls a corporation or otfier orgniatiorl,'he polio! shall ,name the City,as an additional' insured:; shall: be filed with the City Manager., shall be subject to . approval of the City Manager as to form and content and shall be issued by companies duly licensed to do business in the State of Minnesota. Subd. 4, - Fee: The tee: #orthe, G.b. arter Boat L ceris shall. a a5 established by. the City Council eg referenced in City Code Chapter 5- 0. 711e permit fees :.shall; a paid by a the licant to the C at the time the application is submitted PP Subd. 5. Non-Transferability. Permits issued unde r:this:orJirance shall, be non transferable. Subd. 6:'1 Resp'ocitsibility of Chair Boat Uwne� ETvery hater fi3oa# owner, is respbrisible for the conduct of its pdots..whilo dopXing;de.p4rtirIg, or -doing business at any municipal dock. Any violation of this Ordinance by:a Pilot shallaiso.be consider ®d as an act of the Charter Boat owner for the purpose of imposing a penalty under this Ordinance. Subd. 7. Gairbaee /fefuse Disaosal. Colledti on and disposal of garbage /refuse is the responsibility of the Charter Boat owner. Garbage /refuse shall not be placed in the public garbage receptacles near the dock, but shall be removed from the premises by • Charter Boat owner or designee. Subd. 8. Alcohol Prohibited. No owner, employee or agent of a licensed Charter Boat which has been issued an "on sale liquor" or "on sale wl. e "Tt" a by t*Oke Mlnnetgrika far se �lta0n: Dish Ct shill sell ry sery , ors allow to bra r c t ne any.. alcoholic beverag+Ey while "tea #' to�►t is gather Mt�at d GTe►8h�o41 d� A .. . . v :: e is G . No Charter Boat can utirize th e enwa�t re municipal Subd 9. License Required docks untrl all appriopriate pprrx�itS halve-been, procured „and copies, of all licensed have been provided to fibsi#y of Mound ;This list ancl'udes, brit is: no k lrri�yte�d to, the LIVICD charter boat license D liquor license, and Diypartr ion cf f lealtfit food t?erlrn s. It shall be a vioiaton;'c� #,thiQrdfira�n.io. l?,1i! Charier boat op first having procured arty a 100W all inuoI"d agency,permrls. Subd.10. Issuance of Permit Charter Boat d6dking permits' shall <be issued by the City Manager upon submission, of 0.-p. and accurate application, submittal of the required insurance..nioi'rfa #ion, and cop ±es of arl�t andor all inroied agency permits, includirtg but not Iirnited to, the 1,IVIC Charter Boat permit, the LllC� ;liquor, icerise, etc. and payment of the pOm Charter Boat fiicense fee by the appfiicant The granting of a permit under this Bection does not assure the ho`lder'of a location on ttier Ireenway Municipal Dock, nor give the holder any priority in usage of the slips on the dock. Sijibd. 1 Proh#ititei Act: It shall be' a violation of this �rdrtianre for the: owner • arid /or person operating arty &at to d& 46V of the full ©wing: A Dock a iyharter boat atthe�Greenway r u.nicipal d k without a permit. Current Ordinance Page 3 of 15 -2444- B. Dock any boat at the'GreenWay municipal dock which exceeds any limitations asset forth in a conspicuously posted notice Subd. 12. Use and Displaay. of Permi -L Holder of .ualid Charter Boat .permits shill be authorized to dock at a specified Greenway municipal dock for a period of not more than 30 `minutes -afany one time. Permits'shallbie.displayed-on Charter: Boats in a prominent location '` ' Subd. 13. Restriction of Hours.. All boating, pedestrian or vehicular traffic' at the Greenway municip� T dock and adjacent public land and: doe.ka is �prohibit�d, between the hours of %30`PIUI and 5" AM' of the following day. No overnight mooring 4s ;allowed: Subd. 14. Permit Expiration Date. Permits issued under this Ordinance shall expire on December 3"of eacti`y"I : Subd. 15. Revocation. Permits may be revoked by the City Council. Grounds for such reocatioi shad include, bft shall not be �irntedo, any alcohpl rela #d offenses committed b. the f erriiit holder ar any of °his/her- agents or employees while operating a y p chart er boat dr ai ri other waterora ft (ORD. 12-2006,7/9/06) end of charter Section 437.03 Registration — Watercraft Jf Subd.1.teein�fii+ens. A: Pnr am at r+ raft. i'i tFWa aror�ft�iisted �n�D�a�k L ►ccOs�n, B. a`e dnco a latent raft CA I additional �n eteraraft lisi d bn, DQck Licent.e. • Subd. 4. ReqIstmflon,�Terin4 Transferability. A8 watercraft registrations shall be for the same term as. =the Dock License: if a regisere rnratercraft removed • from the city dock program, the holder of the licensed dock may substitute a repiacemeni waltercra�t-upon payment of the additionai_fee provided in Subd. 6 of Current Ordinance Page 4 of 15 -2445- this section. - •Subd. 5. Failure to Obtain Watercraft Reeist ton, : ,befholder of a Dock License shall not permit or allow any unregistered watercraft to be parked or moored At the licensed Aodk; except as providgd ,in section X437.10 S,ubd. 12. Parking or mooring of an unregistered watercraft 01,1— .'sul# ira; th e irn�position of a ciuil penalty against the Dadk License holder as.estabi 0hed with the - provisions of Section 500 of City Code. The civii'penalt w ��, be forgiven if the dock license-hoider- yregisters =the wa#ercraft wikhln, 5 4u s- days. If, after sudh 5 day period; the watercraft Hs ; ot, reg jstenp4i and the watercraft. is still moored'at a lic3ensed' dock the Dock Ad,r ninistrat on will rpoom qpd to the City Manager that`the' ,Dock incense and any watercraft. registratQr�s Issued for all watercraft paikl rdr moored at that ,dock;be re!oked for the balance of the Dock License year; and thatifihe holder not be- eligible t4 apply Dook.License for the next following license year. Additidhally, no new do - K, license, arvill be issued following such revocation until all unpaid civil penalties and any delinquent dock programhliieated fees or penalties have been paid in full, The -,balder m 'y appeal the> otice.to the City Manager at anytime within 10 days of the date of receipt by= serving a +vritteit notice-of appeal,�Pn. the City Clerk. Upon such notice of appeal, the City Manager or the City Manager's designee will conduct a heating an the mutter at- a-datwand fiima reaspnably convenient to the holder, but in no event later than 20 days following the date the notice of • appaat �s served on` the Qity tler�kfifolloxirnng the hear�ng the City, Manager, or z is section des�graie`e, fir s that =#heholderAyras n violation of the P.rpv�0! , c =Sb' Subd: Separate= License R;eauire�l #or:Each hock, Each dock constructed and abutting' a pubik park, commons, or street shall tsquirr license from the City and a license plate to be issued by the Dodk .Irispedtor; u hA shall be appointed by the City Manager. No person shall be issued more than one license in any one ca1enclar dear. • Subd.2 License Application Required. License applications shall be obtained at the City offces: �.SU h applications shall state.completely, the following information and ° sudh `other information" as:. is deemed � necessary by the City Current Ordinance Page 5 of 15 -2446- Manager or the Dock Inspector. A. , "Full nt. _Addr'e"s's'" Applicant, must %,provide :evidence establishing to the 16asdijab1d4misfteti n of the dock ,,AldrWmistrationthatt-be.,App-.Iii;,=..t.is a.. resident of the ity ,ofV ound - and= ;'.resides At n on the pplicAtioh .1. A-current Minnesota Drivees LicenselorMinnesota Identification 'C-6rd showing redden: 0y at e addretsymay be but is, not:. : I cessarily, eViddhbb of, residency . Other evidence .suificient.to:establish ; residency includes proof that. thw applicant.resides at:.the,-. address_ . shown-..<on the icAtio i . properly is owned ;by the application n' the summer months, th at the e proper pioant and thatthe property is not. ocoupied,duringother times 4 the year tbr�,applidasfamily �orbdh...(QR, 17-2005, by anyone other `than ff 5):(ORD'-1109= 2006, 419/06) C. Preferred location of dockon the,,dock locatiori'm ap:.ofthe ity; remove, nd Wal 41 incurred by the Cityri:641regl if the City removes the dock, the City is "overt , Wock and agree 0*jilpy-g:� jile dock costs 0 -dI t flab s#�Il that to dispose of any 01i q,wst"�and the Won site. Subd. 3. Two Residents may snare a WOOK bUDMI W Tine t.�onanjons Contained Herein. Where here dock permits are shared and issued to two residents entitled to permits of the first and second priority, then the following conditions shall apply: • • A. '13e mi 03,j.a,,.@w _�m have nonthe 01 rust ' _,, e 9t one year ,tq: 0 W �aiiea , efor in eli ibp� 9 a Share. ( RR �09-2 003, ,9/21/`033) , B. That duplicate information (including boat licenses) ' .Jorpaph of the licensees be included on the license application; C'. That'.4adh of the licensees::retains priority-1719 ual dock • -permits as vacation occurs= in the immediate. subdivision shoreline. Current Ordinance Page 6 of 15 -2447- I* Before a:ilcensecan claim priority rights they _trust have partioi�ated inthe program a:min rnur of two co seclwt!ye boat ±ng seasons at the sanle site.:::. The ;full..boating season. requ�reerrae:nt is, .met when the staare:is:added between :anuary.l .and May 31t .of the. license year. (ORD. 10 :001, 12/$/01;) ; D, That the fee for each licensee shall be aane.half the fee plus ;a share dock fee as established,.in accordanceWil't. the provisions of..Section 500 of the City Code. by (ORD. 45 -1,990 - 12- 29 -90) (ORD. 01- 2001, 2/25/01) Subd. 4. App%catibli Filing. Applications for licenses shall be tiled with the Dock Administration at the City offices who shall recommend to the City Council that4 the` licenseebe' approved ,,or denied., Igo .[icze $ will pe recommended or authorised ritd the Dock Administmti determines #hak;the proposed dock aornplies sulstartiaiiy with the terra of aI! Gwty ordinances'l�eap.plication shall cont -n`l as reminder: and/ or. ,warning to the, applicant ,that a dock license will not be issued for any dock on public land where the applicant..has a oorrectian order pending containing a stairway or structure used to access the dock. The license Will: not- be issued until compliance with the correctiora order has been competed or sat�sfactor�i arrangements Shave: been made w the mock Administration to camplete the c ©rrectn�e: measures,, .(,QfID 3:; #62 9 3 4/ f /l 3} Ib die hoer�sehafl..be issued to:any. ?pplloa►�fi with past due ;property taxes, • special assessra�ertts, 4V .pen, s related to Qp l? ograpi, -and any other delinquent fees or penalties related to the Dock Program, municipal utility fees, including but not limited to water and sewer bills, and penalties and interest thereon. past 0000. igabQn's are cat aid by April �5th�f the license year, all dock/slip t Will b y`re of ed. tiraunediotely. C� D 172`00 12 ? I05) ( RD. 09 -2006, ° AD, ications for ,ana issua 01 uuUn A_n �r - 7 6. Appticatlon must .tae, fined with the., Cdr on or` before the last day of Februar�r `of each year.: /applicants will be nofi�fiad;flf an�hettier; they have been awarded a license by the #first day of Ajlay Seleciiony shall b`e by lottery in accordance with such process as the City Council shall from time to time determine by resolutibn.. (O`RD� .'1:04 -1999, 1J1$/9) Subd. 6. Denial �# Anx�trcatign If they appli m has..not maintained a • Inspector for may recommend to the City Council • previously licensed dock the Dock Ins ec #h at, any existrng license be .re coked, and the ap.plicant's priorities underthls Section 437 be `forfeited for the - current -year and for the next ,coating., season . A dock Current Ordinance Page 7 of 15 license will not be issued for any dock on public land where the applicant has a correction order pending concerning a stairway or structure used to access the dock. The license will not be issued until compliance with the correction order has been completed or satisfactory arrangements have been made with the Dock Inspector to complete the corrective measures. (ORD. 62 -1993, 4/19/93) Subd. 7. License Priorities. The following priorities govern the issuance of dock licenses and other dock locations: aa. Residents owning private lakeshore within the City which has dockable lake frontage shall have the last priority each year for a dock on public lands. (ORD. 45 -1990 - 12- 29 -90) bb. Dock site holders who combine on a single dock while continuing to apply for and pay for their separate dock site locations shall each be entitled to return to such separate dock site upon termination of their participation in the combined dock facility and notice to the City of such termination. (ORD. 92 -1997 - 12- 20 -97) A. First Priority. An abutting owner has first priority for a City designated location within his or her lot lines extended to the shoreline. Docks shall be located in accordance with the dock location map. An abutting residence is defined as a residence whose extended lot lines to the shoreline, fall within the City designated dockable areas as indicated on the Dock Location Map. (ORD. 45 -1990 - 12- 29- 90)(ORD. 17 -2005, 12/4/05) B. Second Priority. A licensee or, if licensee has not applied for a new dock license, the shared owner as shown on the permit application for the preceding year, has second priority when applying for a dock permit for the same location held by the licensee the immediately preceding year. Second priority licensee has no priority of dock locations where a first priority license is in effect. C. Third Priority. A duly qualified applicant has third priority on locations vacant after the first and second priority applications have been made within the prescribed time limit described in this ordinance. Licenses will be issued to such applicants in the order of application dates. There shall be no third priority where the first and second priorities are in effect. Residents owning private lakeshore within the City which has dockable lake frontage shall have the last priority each year for a dock on public lands. D. Administration of. Priority. The Dock Inspector shall assign all locations to the applicants upon compliance with this ordinance and subject to reasonable conditions and Council approval. Subd. 8. Application Deadlines. Applications for dock shall be made between January 1 and the last day of February of each year. (ORD. 45 -1990 - 12- 29 -90) Current ordinance Page 8 of 15 -2449- 101 *I • • 'StM69. Lgk_p2iqajJqns, Allapplications received onto r after March I shall sub at to itibbA I tfte stablish ed,in,.accord.appevith provisions of b6l ees as e ftyOodei and will bep4aced:in'athird priprItY Pa gp -ORD. ry seddoh� 500 of thez'Ci 451990 12-29-40)-i(ORD.453-1991 Oa 2001, 2125101 . . ......... ........ . . ........... .. .... Sti,bd.10. New dents. There will be no late fee ,charged -tonlow,-Tesidents who apply after the last day of February..of the calendar year in which the resident moves to the 'City. T . he regular license fee will be charged and no penalty VAII attach .,year a 1.2 aQo) dUdh-g th t 437.10 Rules and Regulations. 16 n h,._,�Gjty Hall aD.,QefIInlflor.,;, �', 1.1 .... 4 d Lobaftn, , h T� . -. �s Subdi -1 �D ere,,,; ,hal[b, ..on file i ft 7 pock A d b etp of sm-ain maintained zythel showing the a -drawing of',#41 ity M6�ndth4i ta approved locations of private docks that may constructed on or. abutting public shorelands under the control of the City. Such master plan shall contain the foll6wjng ff-0-1r.M'at1 0 n, botage for purposes: of, -establishing dock ations; (ORD. A! uhegtf loc., 45-1990 -1 L= 219 -90) : show.n by the dock K ReOeal6d-(ORD 45 1990 &IZ = ;►ftdW bf ApprG X maps shall be kept i hgo 4 ator end, shall . 0e,,TevjewedgbyjP,.: ck and • omrtions AdV�sry- Cnm et ,p a. .-Th. ej) d,pornmons ye 41---.. mission 4601�t� once tion map e September ber 1 and A vigb ZdMrni§ on shall review thwdodkloca between �e Current Ordinance Page 9 of 15 -2450- December 31 before each new boating season so their recommended changes may be referred td'and considered ;bythe: City - Council ,V,,,.,, orbefiar 1January ,.1,5-.,..:,Maps • s.established-,by,-A'be C94n0l upon the shall d6h-faih 11 Approved- "dodk- locations a advice.` :an, d recomme hd' on of `the 'Dock � Inspector. and. ?Dock,, mons Advisory Commission," Final approval of `tho d6dk location nap and the inumber of ... . ........ .. -pTivaterdock-11 mm to-be-permitted-sha"e-reeaended-by4he= Doek-ifispeetAok .. .... ........ . reviewed y "d b the and-,,Commdhs Advi sory,Cc rh Mon, and a p p My d :b the Gity'Coundil. (ORD. 45A990 - 12- 29 =90j; Subd. 3. Dock Inspector to Review A06111cafifloW. 7heQock:Insp '4 -,�pertpr shall determine and approve the location of each permit according to the specifications of the approved dock location map. Cows rdotiontAnd..., Main, tenapeeLic .q,4 e _�.-sliall be d dock 066M and rhaihibiffi-66-i" by ft a licensee at' his or h6rrkale;axpense andliability for same. Subd. 6. Suspension of Eligible Location. The Gity, Council may suspend a dock location where it - appears that a location as established on the dock location eresw of ift-'41-6 , J ► ithlthwu ser, public-,,W mapi-reasona y1i'Vez .aterszpm hardship rdshipon property owners abutting on public streets or public commons,,,- St�hd `6 Abar o, more that one dock �..GhiVbbdkiP WAM-41y. .ftnent SuIldig& o�N rM "t building or multiple • shall be permitted iiiich ild fl b" Ily dwelling owner shall not ;apply for dock licenses for his renters or lessees. He or tj� .0 iM pfav:ate�Ap he is entil e-`.jd'*1,tq*.Y divid license m himelf or herself if he or she is" Shod shall be constructed 6-' iPbM * "byIh B W' _di A.Vinspeb rsndthq ock Inspector and in accordance with all building codes of the City. The standards for the public edlft sa etY!--a ' Ven r a we It i and:n6i th er tho naten 'a i so rthe workmanship for n approved tibbrrt Wphvato shalVreg u W in do :s e d on public lands which are unsightly, unsafe or create a public'nuisarice, , oA N tire or tires shall be hung or . attached on dock posts, dock poles, or on dock hardware of any dock on or a"buffing-','public shG"rN3Iands-! under the:.controVof the. City. (ORD. #40-1990, 4.11:Zl Z-1 Subd. 8. Inspections - Notice of Non-4;ompnance - License mevocanon. e s The Do' 'k n -pe or"- such ' other d nceras:m"de' notOdbytheCity!Vlaniager or the City Council, may at any reasonable -titn-6: inspect "'otea'o e Alp be inspected any dock erected or maintained upon or abutting, upon any public street, road, park, or commons, and if it shall A006ar that airy WdKdookbas, not been constructed or properly maintained or the area surrounding the dock site is not being maintained in 'fore, or w ica, Jow h i-,-` ""' q,�W` kilt6d1here q accordance ftht* 4 or qljp,-In� : plans or shall h I d by the �,Council, or 11 it, ao.o-,'Ort uq, oWisinacondition cation that ' with the 6e*irem,&ftDfthis0r-4!na- oe,:o pthwordinances f the 1C. Mariage'r or any other offider,, 10,y. the City Current Ordinance Page 10 of 15 -2451- Ll 6 • Manager, shall forthwith notify the owner thereof in writing specifying the way or ways in which said dock does not comply with the ordinances of the City, after which said owner shall have ten days to remove such dock or make the same cornply with the terms of the City's ordinances and the terms of the application and issuance of the license granted to said licensee. In the event such owner shall fail, neglect, or - refuse to- remove -such= dock -°or- - make -#-he - same --c mply- with -#he- ter-ms- of- the-Oitjr- regulations within the period of ten days, the license therefor shall be revoked by direction of the City Council or the Dock Inspector.and by notice in writing to the licensee, and said notice shall be issued by the City Manager or any other officer designated by him or her. Any appeal will be made in writing and submitted to the City Manager by a certified letter or by personal delivery to the City Manager for his or her consideration. (ORD. 45 -1990 - 12- 29 -90) Subd. 9. Notice of Revocation. All notices herein required shall be in writing by certified mail, directed to the licensee at the address given in the application. Subd. 10. Winter Dock Storage. Winter dock storage by permit holders: A. Docks may be left in the water during the winter months providing the following conditions are met: (1) The required dock license for the following year must be applied for and paid by the tenth day of January. (2) Docks may be partially removed, provided that those sections left in public waters are complete. No poles, posts, stanchions or supports standing alone shall remain in public waters. (3) Docks must be brought up to the construction standards outlined in this Section 437 within 4 weeks after the ice goes out in the spring of the year (approximately May 15). If the dock does not meet construction standards, the procedures as specked in Subd. 8 of this Section 437 will apply. (ORD. 45 -1990 - 12- 29 -90) (4) Docks may not be left in the water or on public land if they conflict with the following uses as shown on the dock location map: (a) Slide area (b) Snowmobile crossings (c) Skating rinks (d) Trails (e) Road access (f) Other conditions or circumstances which are determined by the Council to have an adverse affect on adjacent properties. B. Docks may be stored on-commons during the winter months providing Current Ordinance Page 11 of 15 -2452- the conditions set forth ina.4 above are met along with: thefollowing • coind- ions epealed, . (ORD 45-1990 - 12-29-w,90)' ica Ui =-ditiona that reto, s or lo66ti6h* map eit %haviho, opograp ra 't have fragile flora orWhere tree damage may occur due tolree density or where there is,unstabl ground (3) D&ks may be stored only in- areas :designated fordock permits o' 'th-dook--loca-tion 'map. andasshown n the- All storage lhall,- .bo -done an: ap orderly, compact, and unobtrusive rhani'Mr. (5) Docks and associated hardware must be removed from the cornrnons a hd1dr pUb1ic lands ,between :June Istand September each year. (6) Storage shal[be restricted-to dock, materials, dismantled docks, and dismantled boat lifts. �Mmmlsslo eptor, and City Council Tha,,P�-grk, G V, g�y- � ity.�,Doj*,J . • shall review the dock location map each year and designate areas not of theconditions heretofore t -..e SOO,, -4 24-2-9, O'D4 a �R Subd. 11. Rem, oval.D All private docks abutting any public road, street, park",O-,r-ib"ol,jmo,-n ust 1$0 removed froinithoiNatergrof Lakiq Minnetonka or other 'i, ate tll-bf the d,aVi;z`bfi`L'N- & - d b ,,y,%a ga ew.� ri ah',N se r unless it is a winter rove�, h h tw- m aster, dock - i -i deck I t! (ORD #66-1993 -12- PP 'd'dio Oocarim ass-Own-On. Subd. 12. Docking of Non-Owned Watercraft. Docking of boats not owned by the 'd 6 6k- ficle'nsee, is :1,p` fthiftdIdta period of.uP to,,48.,,", hours; .two times in a calendar year: 'Docking of 'boats not by-th,,e d6&lioeriseei.,i mt permitted for a period in excess of 48 hours. The City may check with the State of Minnesota to determine if the boat docked at the licensed dock js:.oWrf6,.d by the licensee and/or a member of the same household a§-;th6` %.licensee: ,Any (boat :registered to someone not a member of the licensee's househ6ld,shalUndt be,,docked in excess of 48 hours unless a Temporary Visiting Dockage Permit"has been obtained from the City and the fee established in accordance' with the provisions of Section 500 of the City Code, has tieen paid N6 more 'than on 'a Tve' thporary Visiting Dockage Permit may b6 issued In calendar ,year , t or an ;,individual, ,d ock licensee or visitor. All Temporary Visiting Dockage Permits shall contain the State registration number of • the boat and shall be limited to 21 days. Any violation of this Section 437 by the or revocatim. of theldock license unless-the do'dk"'I'i*'c'e-h-t66:s,�h�'-�all't- -th the 1088 Current Ordinance Page 12 of 15 -2453- City Council shall determine upon; evidence su..bmitted by, the licensee .that, there • were mitigating circUmstances.. The City l- ouncil -may detennine that revocation is too s 0 a`penalty and maythen condition �sald,.license so that arky: future;.vlplation will result in automatic revocation. �.ORD. #53 =199:1,12 -23 9:1)(0 Rp, #94 -19 98-1 - 17 -98) (ORD.01 -2001, 2/25/01) Subd13. Llcenees,,,Non ATrans#erabls Doak Cl�cerses and perrrnts issued by the City are person4l in nature and may be. used only. bythe liperippe or members of their ho ' hold s. No dock licensed -by the City or located on public s$reet$, .roads, arks; or ubllc oomrnons . ma be rented. ceased, , or sublet .ta any person, p ° p y ., , parth 'hi or,'Corporation': if a licensee ©r permif holder rent st )eases, sublets, or in any annertharges of rebeives consideration for the use of ills or her dock, his or her llcen66 shail'be revoked. 437.17 C!Wpf-,Mounc!Oi yned, Mulfiiple Slip Doc�a. Subd.1. "Watercraft-Reciistrat on f 2 uired on Cit.y of.Mound.l caned Multiple Slip Docks. A watercraft must be registered by,,May a. of the 9141 ent „boating season for a new /renewal permit to be issued for a City of Mound municipal slip: if1`penit is_ j ssaed /renewed beca>ase of the permit hQ.lders' .,: . . may appe in,wn ng to't b Crty Manager-wlth n :30 days after the refusal by the Cr toissue /ren ow; tl�le prn��t The-Appel must specify any reaaons fir • objecting fio e`Clty's deolsi+un glad an r mlti�ating ol90"M tar +r sMcaf otherfacis #hc idrri "t# }`hftli' A4tk��.` of I IrPI' n Cl1s�Ei.,e1 �oEi #�:; T�lte a ©seal gillsor t be a11t [eC;QmliytetlCl'd Ion II0VVing,recelpt afthe DCACrlea�le ys3t Gt . redonat an d0fion,: t b Citjir ouhc71 u 1l leac tlae apj ee , e regular melr lr)g and rtil� corasl+�+eryany�►Vrtten'pr btel mformat�on >resn #ed;Yb kh perrpit b9l±er, the i ssYPf'�/w1"f a an, n.�'�'!IP Q, TP•vtor`da.�U1P+'it'OUjvtV►1.4 ulvoL LSJ'N1DgLiv Ikf Ie,!!, Subd. °Use I$ urred1'f�e registered water�,reft Idea #Ife�l.,t© the.slip for wMich'fihe C Yslip l ermltwas issued <rnustT a ra�oo�ed at the;silp nozlatee than June 15 of the boafin sdef ffoT.which the j ermitWas Issued if.jnspaation by the City Dock Inspector discloses that the permit holder has'�6 complied with this requirement, the City may revoke the permit by written notice to the holder of the permit The permit holder will forfeit any fees paid to the City for the slip. The fioider of the pem'lit may` appeal the revoca #Ion .Any scfl appeal; must be filed; Th. writing With.the�ity tVlanag+ei`with n 10 days.a#ter r atlIng : ©f the; City's: notice of revocation the �appeal'M s��`sp�ecify �any::reasons for�blepting t ®.the Catji's - - -- -2454- corsaderation of such information, the City. Council will affirm or reverse the decision to revoktr: the permit If the decision is:affrrned, the City may then issue xt ` U91M d � erson =on the waiting ,list entrtled-to the • a permrt for the slip ""to the ne q , p slip upon payment of-the fu11 fee ft r the permit iratiori' of the ngtats to apps{ se# foerra�er� ...,4t anbtdime nor ton- to- �(ater��f- t- #i�s�str- a#�ou� shin S�ibd '� and 2, Y PF xp a person may apply for an exception from the May-1 and /or June 15 registration and use` provsions'by written application to the City iVlanager stating the .facts, circumstances and�hardships Wh�ch'�nrould:suppori the requestpd exception. If the City Manager or Ctty`Manager's designee determines, that there are: circumstances which would create undue :hardships for tha:permit hoiden if the May 1. and/or June 15 provisions are strictly enforced ;the Cfty,Wlanag .r or. City Manager's designee may grant an appropriate exception to the permit holder. 'the exception rnay►'be l#e l to a egex rF raterpraft andmrna�r be subject to time. limitations or other conditions as may be imposed. The findings of the City Iwaiiagr or aty9anager's designee wall be praseted in vetting to the. - :Dopks ission. r Commotimons Adand viso Subd` 4h V0. UntA Suspension x�f Permit A permit holder,, or a, person entrtled'`to'a new prrn, tnay voluntarily >suspend the right to such£ a permit for one bi attng season or part thereof :by kltten.notice t the City or to June 15 Of theoating season ®r w1�ith tt�e perai`�t �s to Abe issbed� The Gna sublet the s acre to the prs�n wt ## the fir�gfiestrpa�oron theta�tir�g l�sk for tiattype of rnr�nm:therA,f. If such wr ten and the son a ytio sublet tae spaoe w ii ne eturr c uu� �a a ,wrT � µ,��� ,.. �vart�ng'1is iy Persortaoa ended tom pertattka?,� riorrlpty with the ` r visions of subdivision1vA at��d 2�of a hie ectton, andx ►bc� s do btain an ex`ceptlon under subdi's b 4 615 vt , provide the written notice of voluntary suspension, will lose all rights to the permit and all rights to any pfo`rity''o`r the �wait�ng list fiflr thattype pf space NQ person shall be yallowed to voluratariiy suspend the nglI t to e' her +a `new permit of-re newal ,,consecutive boating. seas©ns.; (ORD. 10- i.h 5' Max rrtiurin Dimension's, Prohab1i Design of t3m+cks, Docks. for IIV�i fvW V w„ -, 48 m w1 d_th with th'e ex pfiaori`tha�t e.17 2, x,7r secfon as,a ©we on docks provided that this configuration be limited to a selbacic of 10 . properly and `shall r►ot �nfiringe cn an adjacent look site. Docks shall not IerigtYi except where rie'cc:ss'ety to. -reach a,water depth of 413" using:/ elevation levels of 929.40 feet above sea level. Channel docks, , here na w and docks must be installed parallel to:th1e sharelir e- cannot be less:tban than 72" in width: ``The length shat{ be {�rr�ted ta.a setaok of 1 Q feet ft-9n or not to `infringe on an adjacent dock site. Qocks shall be of plank,oi; Current Ordinance. Page 14 of 15, - 2455 which a ore than 'shaped i private >.4 feet in ibon is limited bride or more irate property construction. *I • Dock posts shall be of equal height above the dock boards and shall be at least two rail • construction and constructed to comply to standards and specifications approved by the Mound City Code 437.15 .Dock Inspector. Alf docks. shall. be -built or placed_ with- the longitudinal ..axis thereof perpendicular to the shoreline unless variations otherwise may be permitted in accordance with the conditions of the area. Docks which are in existence June 1, 1989, shall be brought into compliance with all provisions of the City Code when expansion or modification is requested, or replacement of 50% or more of any such dock that is damaged, destroyed, or deteriorated. (ORD. #38 -1989 - 1 -2 -90) (ORD. 45 -1990 - 12- 29 -90) (ORD. #66 -1993 = 12- 27 -93) 437.16 Exceptions . The City Code may grant exceptions to the provision of Subsection 437.15 in instances where the Council finds that the exception is necessitated due to unusual circumstances; and if granted, would not have a'detrimental impact on the public safety or welfare. The City Council may condition any exception upon such conditions as the Council shall in its sole discretion, deem appropriate. The exception and any conditions imposed on its granting will be shown on the dock license. Any violation of the conditions imposed shall result in the revocation or non - renewal of such license. (ORD. #89 -1997 - 10- 18 -97) The Council may refer any request for exception to the Dock and Commons Advisory • Commission for review and comment prior to taking action. (ORD. #89 -1997 - 10- 18 -97) 437.20 Penalties. Any person or persons who shall violate any of the prohibitions or requirements of this ordinance shall be guilty of a misdemeanor. In addition to any criminal penalties as above provided, the City Council may remove or cause to be removed any dock erected without a license a required by this Section 437, or where any license has been revoked as provided by this Section 437. Removal of unlicensed docks or docks which fail to comply with the City Code will be at the expense of the owner or licensee. No person convicted of violating City ordinances relating to docks will be issued a dock license for the present or for the next boating season, and said person forfeits any priorities set forth in this Section 437. • 437.25 License Fee. The annual license fee shall be established in accordance with the provisions of Section 500 of the City Code. (ORD. #53- 1991,12- 23- 91)(ORD. 01 -2001, 2/25/01) -2456- 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Comm. Development Director, Jim Fackler, Parks Superintendent Date: November 5, 2008 Re: MCWD Pilot Project Proposal for Centerview Park — Shoreline Bank Stabilization Summary. At its October 28, 2008 meeting, the City Council reviewed and tabled action on the proposed cooperative agreement and maintenance agreement associated with Centerview Park shoreline alteration project as there were questions regarding the aforementioned documents including length of term(s) and attachments /exhibits which were referenced. At the meeting, a supplemental memorandum was also provided which indicated that the documents would be revised as they are not going to be recorded due to lack of a legal description. • Comments. The Cooperative Agreement and Maintenance Agreement document(s) are each "stand alone" documents and are referred to back and forth as both exhibits • and attachments. See below: Cooperative Agreement Exhibit A - site /project plan(s) Exhibit B - maintenance agreement Maintenance Agreement Attachment A - site /project plan(s) Attachment B - cooperative agreement • Members are advised that City and MCWD Staff have discussed shorter term(s) for the documents including 20 -year provisions which have been incorporated. The 20 -year provision for the Maintenance Agreement begins after the document is executed by both Mound and the MCWD. The 20 -year provision for the Cooperative Agreement begins after both parties have agreed that the project is completed. • The document(s) include provisions regarding a right to terminate by the involved parties. CADocuments and Settings \Sarah Smith\My Documents\ Memorandums\ 2008\ memomcwdpilotprojectcentenriewNOVEMBER .doc -2457- • Nat Kale of the MCWD is anticipated to attend the 11/10 meeting to review • and discuss the project and agreement(s) and to respond to questions from the City Council. • • • Page 2 ��11 :11 CITY OF MOUND RESOLUTION NO. 08 _ • Resolution Approving Cooperative Agreement and Maintenance Agreement with the Minnehaha Creek Watershed District (MCWD) for the Lake Minnetonka Shoreline Stabilization Project WHEREAS, the Minnehaha Creek Watershed District has proposed to construct and fund a proposed shoreline stabilization and erosion control project at Centerview Park located at 21XX Centerview Lane in Mound; and WHEREAS, the project was presented to the City Council at its August 26, 2008 meeting by MCWD Staff at which time the concept plan was approved and City /MCWD Staff were directed to begin work on an agreement; and WHEREAS, the concept plan for the MCWD project was presented to the Mound POSDC at its September 11, 2008 and October 9, 2008 meetings respectively who recommend approval of said project; and WHEREAS, a Cooperative Agreement and Maintenance Agreement to undertake the project have been prepared for the project and have been reviewed by Staff and recommended for approval; and WHEREAS, a copy of the Cooperative Agreement, in substantial form, has been • included as Exhibit A; and WHEREAS, a copy of the Maintenance Agreement, in substantial form, has been included as Exhibit B. NOW THEREFORE BE IT RESOLVED, that the City of Mound hereby approves the Cooperative Agreement and Declaration, in substantial form, with the Minnehaha Creek Watershed District to construct and fund a proposed shoreline stabilization and erosion control project at Centerview Park. BE IT FURTHER RESOLVED, that the City of Mound hereby authorizes the Mayor and City Manager or her designee to execute the Cooperative Agreement and Maintenance Agreement and any other related such documents to undertake the project. The agreement and declaration shall be made subject to any recommended revisions and /or modifications from the City Council and Staff including the City Attorney. The foregoing resolution was moved by Councilmember seconded by Councilmember The following voted in the affirmative: The following voted in the negative: _ -2459- and • C7 Adopted by the City Council this 10th day of November Attest: Bonnie Ritter, City Clerk • Mark Hanus, Mayor -2460- • COOPERATIVE AGREEMENT Lake Minnetonka Shoreline Stabilization Project in the City of Mound The Parties to this Agreement are the Minnehaha Creek Watershed District (MCWD), a watershed district created pursuant to Minnesota Statutes Chapters 103B and 103D, and the City of Mound, a body corporate and politic and a [HOME RULE CHARTER/ STATUTORY] city pursuant to the Constitution of the State of Minnesota ( "City ") (together, "Parties "). The purpose of this Agreement is to provide for the implementation and maintenance of a project demonstrating bioengineered and other innovative strategies for shoreline stabilization and riparian area restoration on Lake Minnetonka at Centerview Park within the City ( "Project "). WHEREAS the intensive public use of Lake Minnetonka as a regional resource and the ongoing effects of urban stormwater runoff have resulted in shoreline • erosion and degradation of riparian areas, negatively affecting the water quality in the lake; WHEREAS the MCWD's watershed management plan (2007) identifies Lake Minnetonka as a priority resource, and includes in its capital improvement program a Lake Minnetonka shoreline stabilization project; WHEREAS the MCWD wishes to demonstrate bioengineered and other innovative strategies for shoreline stabilization and riparian area restoration, enhance practical experience with the strategies, and develop model applications and data on appropriate conditions for use of the strategies; WHEREAS the MCWD and the City have determined that Centerview Park in the City ( "Property ") is a favorable location to demonstrate bioengineering and other innovative shoreline stabilization and riparian area restoration strategies; WHEREAS the Parties' collaborative effort to establish and maintain the Project is consistent with the plans and policies enumerated above; • Mound -MCWD 1 of 8 Shoreline Stabilization Cooperative Agreement -2461- r � �J I• I* THEREFORE the Parties commit to the following, intending to be legally bound: 1. Design and Implementation Desig.nl plans and specifications for the Project, including signage, are attached to and incorporated into this Agreement as Exhibit A. The MCWD will provide for and manage Project construction in accordance with Exhibit A. The MCWD may adjust the work during construction based on field conditions or other adaptive design considerations as in its judgment will better achieve the Project purposes. The contract for construction will require performance and payment bonds for at least the amount of the contract price. The MCWD will notify the City in writing when construction is substantially complete, after which the City has 30 days to notify the MCWD in writing if it believes that the Project does not conform to Exhibit A and subsequent adjustments. If the City so notifies the MCWD, the Parties will meet within five business days of the MCWD's receipt of the City's written notice, or at such other time as they may agree, to determine any measures necessary to achieve conformity. If the Parties do not agree, they jointly will appoint and share the cost of a qualified independent expert for a binding determination as to whether the Project conforms to Exhibit A and subsequent adjustments and, if not, the measures that will most cost - effectively achieve Project goals of a naturalized, structurally stable and low- maintenance shoreline. The Parties agree that John Chapman, University of Minnesota, is a qualified independent expert, if available at a reasonable cost. The MCWD must implement these measures before City maintenance obligations under section 3 will vest and the Establishment Period will commence. 2. Protect Monitoring The MCWD will give the City reasonable notice of pre- construction and construction meetings concerning the Project. The City and its authorized representatives may attend these meetings, inspect the Project at reasonable times, end review all related documentation except as limited by law. The City may no't exercise control over Project construction or direct the MCWD or its contractor(s). Mound -MCWD 2 of 8 Shoreline Stabilization Cooperative Agreement -2462- • 3. Establishment and Maintenance The MCWD will ensure the establishment and health of the bioengineering and vegetation features of the Project and maintain the Project for three years from the City's concurrence in the completion of construction ( "Establishment Period "). During the Establishment Period, the MCWD, at its cost, may revise or reconstruct any component of the Project to improve its function and effectiveness for the purposes of the Project stated above, or elect to have any or all components of the Project removed and the Property or relevant portion thereof restored to substantially the pre- Project condition. If the MCWD elects to remove the Project or a component thereof and restore the Property, this Agreement will terminate as to that component of the Project on the MCWD's completion of restoration. At the end of the Establishment Period, the City will assume responsibility to maintain the Project. If the Parties agree that a component of the Project has not been established in a manner that will achieve the stated purposes of the Project, maintenance obligations will not vest in the City for that component until such time as the agree, a component is established. If the Parties do not a • p 9 binding determination from a qualified independent expert will be obtained in the same manner as in section 1, above. Within 30 days of the beginning of the Establishment Period, the Parties will execute the maintenance agreement attached to and incorporated into this Agreement as Exhibit B or a materially identical agreement. The City will maintain the Project in accordance with the maintenance agreement through the twentieth year after the date of the City's concurrence in construction. The maintenance agreement will be modified or separate maintenance agreements will be created as needed to provide for twenty years of rnalntenance for any part of the Project that is deemed established at a time different from the rest of the Project. If the Project or a part thereof fails due to a storm event less likely than a 100 - year event at any time during the effective period of this Agreement or the City's maintenance, neither Party will be obligated to reconstruct, replace or remove ,the Project or any component thereof, or restore the Property. The Parties will • cooperate in determining appropriate action. Mound -MCWD 3 of 8 Shoreline Stabilization Cooperative Agreement -2463- • I• • The City retains all authority and responsibility as owner and manager of the Property, including but not limited to responsibility for public use and safety; maintenance of property and liability insurance as it deems appropriate; and routine maintenance such as trash removal and repair of fences, lights, and other appurtenances, if any, throughout the term of this Agreement. 4. Signage In accordance with terms in Exhibit A as to size, design and location, the MCWD may install, maintain and remove informational signage about the Project for the duration of this Agreement and of city maintenance obligations hereunder. 5. Right of Entry The City authorizes the MCWD and its agents and contractors to enter the Property at reasonable times to perform the MCWD's roles and responsibilities under this Agreement, including but not limited to Project design, construction and maintenance (including signage), replacement of Project components, and Property restoration. The MCWD may enter the Property at reasonable times throughout the term of this Agreement to pursue the research, demonstration, education and related goals of the Project, including but not limited to data collection; inspection, testing and monitoring of Project components; and tours and presentations. The City will provide access and staging area adequate for the MCWD's performance of its obligations hereunder. The provisions of section 9 apply to MCWD activity authorized in this section. 6. Permits v Mound -MCWD 4of8 -2464- Shoreline Stabilization Cooperative Agreement rd The City will cooperate in the MCWD's obtaining any permits for the Project. The City will waive fees and costs related to any city permits or approvals. 7. Costs Each Party will bear its costs of performance under this Agreement. For the MCWD, this includes but is not limited to design and construction costs. 8. Independent Relationship No employee, representative, contractor or consultant of either Party to this Agreement acts in any respect as the agent or representative of the other Party. This Agreement is not a joint powers agreement under Minnesota Statutes §471.59. Any right to review or approve a design, work in progress or Project element under this Agreement by the City or its agent, representative or consultant is solely for the City's own purpose of accounting for the use of the Property. 9. No Waiver of Defenses. Immunities or Liability Limitations Each Party agrees to hold harmless, defend and indemnify the other Party from and against that portion of any and all liability, loss, claim, damage or expense (including reasonable attorneys' fees and disbursements) that the other Party may incur as a result of any act or omission of the first Party in its performance under this Agreement that subjects the first Party to liability. No action or inaction of the MCWD or the City under this Agreement creates a duty of care on the part of the MCWD or the City for the benefit of any third Party. This Agreement creates no rights in and waives no immunity, defense or liability limitation with respect to any third Party or a Party to this Agreement. The MCWD will hold harmless, defend and indemnify the City with respect to the placing or attempted placing of any contractor's, subcontractor's or materialman's lien on the Property in relation to Project design or construction, and will take prompt action to remove the lien. The preceding sentence is not in any respect a waiver by either Party of any legal constraint, immunity or defense Mound -MCWD 5 of 8 Shoreline Stabilization Cooperative Agreement -2465- • •I • • • to the placing of a lien on the Property including but not limited to the public property immunity. 9. Term and Termination: Survival of Obligations The effective date of this Agreement is the date that it is fully executed by the Parties. The Agreement will remain in force for five years, and will renew automatically for one additional five -year term unless terminated by mutual agreement of the Parties or otherwise in accordance with the terms of this Agreement. Any responsibility or obligation that has come into being before expiration, specifically including obligations under sections 3, 4, 5 and 9 above, shall survive expiration. 10. Acknowledgment Any publicly distributed or displayed printed or electronic documents, other text display or public presentation concerning the Project will properly acknowledge the contribution and support of the MCWD and the City. 11. Compliance with Laws The Parties will comply with the laws and requirements of all federal, state, local and other governmental units in implementing the Project, and will procure all licenses, permits and other rights necessary to implement the Project. 12. Notices Any written communication required under this Agreement shall be addressed to the other Parties as follows, except that any Party may change its address for notice by so notifying the other Parties in writing: To MCWD: Administrator Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven, MN 55391 Mound -MCWD 6 of 8 -2466- Shoreline Stabilization Cooperative Agreement Email address: To City: Email address: 13. Waiver A Party's failure to insist on the strict performance of any obligation under this Agreement, or to exercise any option, remedy or right herein, will not waive or relinquish that Party's right in the future to insist on strict performance of that or any other obligation. A Party's waiver of a breach of an obligation of this Agreement will not be construed as a waiver of any subsequent breach of that or any other obligation. A waiver must be in writing and signed by the Party. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto execute and deliver this Agreement. MINNEHAHA CREEK WATERSHED DISTRICT By------------------------------- President, Board of Managers APPROVED AS TO FORM and EXECUTION Its Attorney CITY OF Mound Date: Mound-MCWD 7 of 8 Shoreline Stabilization Cooperative Agreement -2467- • • • • • By:------------------------- - - - - -- Its------------------ - - - - -- APPROVED AS TO FORM and EXECUTION By:-------------------------- - - - - -- Its Attorney Mound -MCWD IM-:11 Date: Shoreline Stabilization Cooperative Agreement U I• • -c1+1 v- H 7$� Y o i Hl It 1111,111 MH Il 11 0 LU l m wok .a3;�� 's Hal $ Yi p Oho WF g�2 W�JY g� .j LLI co (d .: &Nrid .:�Nnn< J Z .:¢mNSri <iri5�:1i Z tiS m SwS Z 0 LU k U m J b� � >m 3 3 � C gJ D ;a s � z W n J uj W 0 J 0 m —L4 /1— 0=m o�o� m 3 B U) W Y F y Z J lA w W 9 0 m � I • 10 I• f hllw If elf fif ffliil I ila i x JIM sa -1vilmens %Om g z' o _ W z 5 zR� z CL Hill 4111 ZO w� - N $ IL cc 0 w HP Lwu m ��nmNN� u' �'NSd Ji �rcGl`�NSNtF:dbw� S <FN &N 6 MgS 0 C Z Z 0 F N U) Lu Wh < r V wm oil oil 0 HE �� •�1�1. �� fib � m FE — 3 g ,, m z Lu Lu LU > �C= i F• J � o z LW LU Ei9� I I `,Ii� ° o LU d �$ j -2472- [[ N U wi.uwens two z 91 MH Z��g =�d ! Lla t LLI Yn _ K cc I11r f J r w W U Q7_ z JFw ti. k E� HIRE 465K p lif 10 101H -:i O LU gn h Q Q y _ EU a a g z O t9 jj� z h z > ,� z� o lei ° s z z e. Z `gig ' Z LU O . W 1 i LLI a j " 4 > F- -4413- •I • • • -2474- EXHIBIT B • MAINTENANCE AGREEMENT is • -2475- �0 lie MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT ( "Agreement ") is made this ------ day of ------- , 200__, between the City of Mound, a body corporate and politic and a [HOME RULE CHARTER/ STATUTORY] City of the State of Minnesota, and the Minnehaha Creek Watershed District, a special governmental unit with purposes and powers as set forth in Minnesota Statutes chapters 1036 and 103D (MCWD). RECITALS WHEREAS Mound is the owner of Centerview Park north of Centerview Lane within the City of Mound, Hennepin County, Minnesota, as identified and delineated on the size ;plan incorporated herein as Attachment A (the "Property ") and no one other than the City of Mound has any right, title or interest in the Property; WHEREAS Mound and the MCWD have executed a cooperative agreement for the construction and maintenance of shoreline stabilization and riparian area restoration on the Property to demonstrate bioengineered and related strategies to stabilize shoreline and restore upland riparian area on Lake Minnetonka (the "Project "); and WHEREAS Mound assumes the obligations hereunder to induce MCWD construction of the Project and other MCWD expenditures, and agrees that there is valuable consideration for its obligations, and that this instrument is legally binding; WHEREAS the purpose of this Agreement is so that shoreline stabilization • systems and restored riparian areas of the Property, delineated on Attachment 2 -2476- A, will be maintained to ensure their continued effectiveness for the Project • purposes of maintaining naturalized, ecologically healthy shoreline that is structurally stable and resistant to erosion; from the date it is fully signed by Mound and the MCWD. 1. [intentionally left blank] 2. Stabilized shoreline and restored riparian areas as delineated in Attachment A will be maintained to preserve their ecological integrity, free from disturbance of vegetation or soils, fertilizer application, yard or other waste disposal, the placement of any structures, surfaces or appurtenances not shown in Attachment A or any other alteration that impedes their function in stabilizing shoreline, protecting water quality, buffering stormwater flows and enhancing riparian habitat. 3. For three years following Project construction, the Project will be inspected six times annually during the spring, summer and fall. As feasible, upland plantings will be subject to annual controlled burning to eliminate invasive species; where burning is not feasible, upland plantings will be mowed to control invasive species. Otherwise, invasive vegetation will be destroyed by spot treatment; weeds will be eliminated from structures shown in Attachment A; herbaceous vegetation 10 inches tall or more will be mowed to a height of 8 inches; upland and shoreline plantings will be replaced and seeded areas will be reseeded as necessary to maintain ecological health and function. 4. For the period from three to five years following Project construction, the Project will be inspected four times annually *I during the spring, summer and fall. As feasible, upland plantings will be subject to annual controlled burning to eliminate invasive species; where burning is not feasible, upland plantings will be mowed to control invasive species. Otherwise, invasive vegetation will be destroyed by spot treatment; weeds will be eliminated from • 3 -2477- • split rail fencing, as shown in Attachment A; herbaceous vegetation 24 inches tall or more will be mowed to a height of 16 inches; upland and shoreline plantings will be replaced and seeded areas will be reseeded as necessary to maintain ecological health and function. S. Beginning five years following Project construction, the Project will be inspected twice annually during the spring, summer or fall. As feasible, upland plantings will be subject to annual controlled burning to eliminate invasive species; where burning is not feasible, upland plantings will be mowed to control invasive species. Invasive vegetation will be destroyed by spot treatment; weeds will be eliminated from split rail fencing, as shown in Attachment A; herbaceous vegetation 24 inches tall or more will be mowed to a height of 16 inches; upland and shoreline plantings will be replaced and seeded areas will be reseeded as necessary to maintain ecological health and function. 6. Every three years, utility grade wood chip mulch will be replaced in • locations indicated in Attachment A to a settled depth of 3 inches and not mounded against tree trunks or woody shrubs. 7. Every three years, willow and dogwood woody vegetation will be trimmed. 8. Paths and trails as shown in Attachment A may be maintained without expansion or change in surface type and will be inspected annually. Paving stones will be inspected and reset or replaced as necessary to maintain stability; split rail fencing will be replaced as necessary to maintain integrity and function. 9. The property owner's responsibilities under this Agreement will be performed in accordance with the maintenance plan attached hereto and incorporated herein as Attachment B. 10. The property owner will submit to the MCWD annually a brief written report that describes the maintenance activities performed • 4 -2478- under this Agreement, including dates, locations of inspections • and the maintenance activities performed. 11. The responsibilities of Mound and the MCWD for Project construction are addressed in a [date] cooperative agreement that states that the MCWD is responsible for Project maintenance for three years after construction is completed and until Project elements are established. The terms of the cooperative agreement limiting the property owner's maintenance responsibility during the Project establishment period take precedence over any provision of this Agreement. Mound and the MCWD agree that the executed agreement is incorporated herein, and relevant and admissible evidence, solely for the purpose of resolving any dispute concerning the property owner's maintenance obligation during the Project establishment period. 12. During the initial three years of MCWD responsibility, the MCWD will give Mound one week's written notice of planned inspection or maintenance activity that the MCWD determines will offer a useful • opportunity for Mound to become more familiar with maintenance needs and techniques for the Project. Mound will attend at least two such activities each year. 13. No amendment or termination of this Agreement will be valid without the signature of an authorized MCWD representative. The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first set forth. MOUND: a [HOME RULE CHARTER/ STATUTORY] city of the State of Minnesota -2479- • By:------------------------------ Name:---------------------------- Its :------------------------ - - - - -- • MINNEHAHA CREEK WATERSHED DISTRICT By: ------------------------------ Name: --------------------------- Its: ----------------------------- Approved for form and execution: MCWD Attorney �:1 • ATTACHMENT B COOPERATIVE AGREEMENT • 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Comm. Development Director Date: November 5, 2008 Re: Uncompleted Building Project Update — 4945 Glen Elyn Road Summary. The property at 4945 Glen Elyn Road is owned by Brian and Maria Johnson and is includes a single - family dwelling which is subject of a long- standing remodel / addition project started in 1995 which has not been completed. At its September 16, 2008 meeting, the City Council discussed the status of the remodeling project with owner Brian Johnson including review of a proposed time schedule he provided regarding specific benchmark(s) in order to complete the project due to violation(s) of the City Code including Chapter 3 of the International Property Maintenance Code. Additionally, it was also discussed that the property will become a nuisance as defined by City Code Chapter 1000.15A(x) in the event the building exterior is not completed in accordance with the City- approved construction plans within 180 days of building permit issuance which was May 5, 2008. The owner was advised that the exterior work as presented needed to be completed prior to the deadline of the 180 -day period referenced above or the uncompleted project will be brought back to the City Council at its November 10, 2008 meeting at which time possible remedies for resolution of this project would be discussed. Comments. • The owner has provided an updated schedule that details the activities which have been completed following the September 1 e meeting. Based on a site visit conducted by P/E Technician Hanson on November 6, 2008, satisfactory progress on the "benchmark" items has been made. Mr. Hanson will be present at the meeting to discuss the project including progress. The underside of the soffits, which includes oriented strand board (OSB), was discussed with the Building Official who advised that the current material in place is acceptable with the building code, however, the soffits are proposed to be overlayed with cedar /redwood when completed. The building permit approved on May 5, 2008 referenced the following work: remodeUsoffits/pergola refinish • 01 • An electrical rough -in inspection was done at the property on September 29, • 2008. -2485- • • Staff has requested the owner attend the November 10"' meeting to provide an update to the City Council. • A copy of the applicant's letter provided at the September 16, 2008 meeting has been included. However, the background information has been omitted as it was previously included in the September 16, 2008 agenda packet. Council members are respectfully requested to contact Staff if copies are needed. • Page 2 o: 3q� � r r8c f r 's + -i is fir' a i M � r + w fi� kr y I -. ' . _.,.,w. o � 1 yg x b4, 5r 1 j6 irO ji � 5 4 r � ty3 1y ` t; JLJ t e fV i } I £ sir �. �� it ' '� � �l f' �• �t 9 ,, Al x Hhy � Y � ns 'A Nit I� 16 C Sarah Smith From: Sent: Friday, October 31, 2008 9:21 AM To: Sarah Smith Subject: Re: Building Project Follow Up Flag: Follow up Flag Status: Red ttachments: Glen Elyn Schedule -1.pdf Page 1 of 1 Hi Sarah, W, W, 1 wanted to give you an update as of Friday 10/31/2008 As to progress on schedule /construction at Glen Elyn house project. I'm pretty much on schedule and making good progress on the tasks we discussed to be completed by November 4, or during the first week of November. I don't know if you want to stop by or have Ray stop by but everything on the schedule will be where it was to be by the next week. I'll keep moving ahead and you can let me know if we need a meeting or if Ray can simply give you a report. I've enclosed a schedule update current as of yesterday and it shows estimates of completion of various tasks in progress. I received the new Electrical Permit and that was after the required inspection to keep my permit open as discussed. - Call if you need me. -2490- -2491- Mon 1113/08 72 ID Task None I Rop 7 ,08 21''08 T F S M T W T F I ts 1 5 1 M_ I T JT F 1 6 S-1 M I T 1 wainsco#emm Board Line 8 days Thu 9/11108 .... .. ....... ------ ....... ------- - --- - -- . 100% ................ . .................. ............. 100% 4 days ........ ....... ............ ...... .. .......... . .. . .. ................... ............... . ......... 10096 ------ . ...... 5 tiays ... ............ ------- ............ .......... Mactlical Rough-In lnspedtion Wn ------ ...... ......... ...... ------------------ • ...... -------- --------- -------------- . ............. ........... 3 days ...... ........... ........ .......... ............ ........... ....... .................. .............. ............... .............. .......... ................... ........... ................... .............. . ............ ................ .................. ............. ................... .................. ...... .................. ...... ------------- ............. ............ ................... .................. ............. ............... .................. ............ .................. .................. ............. . ................... ................... ............. ................. ........... ...... ............ ............. .............. ............. .................. ............ ------------------ ...... ............ ------------------- .................. .............. ................... .................. ........ 2 f SW► Openings Blocked Off 4 days Thu 925= 3 North End Sofflit 16 days Mon 9=06 4 VAring and Rough-In Soffit Fbdures 5 days Mon 9=08 r) ElectrIlcal Rough4h inspection 1 day Mon grAW 6 Cut Soffit Opgs and Prep 2 days Wed 10/8= 7 f Close Up Soffit Sheathing 2 days Fri 10/10/08 8 Southwest Few Wall III days Wed 1011106 9 f Coder/Redwood to the Wainscot Line 3 days Wed 1011108 10 Pick Up T•111 and PreFinish 2 days Mon 103/08 11 Above to Wainscot T-1 11 1 day Wed I OlTr�W 12 North End Wall 5 days Thu 10116fo8 13 Q Pick Up 1x4 T/G Cedar and Preffnish 2 days Thu IGMSM 14 Cedar/Redwood to Soffit 3 days Mon 14x20/08 15 Northwest Face Waft 4 days Thu l4f23108 16 In Cedar/Redwood to SoMt 4 days Thu 10a3/08 17 Ent Wall 7 days Wed 101=06 is Cadar/Redwood Base to Window Bass I day Wed 1029f0e 19 Ceder/Redwood Base to Wainscot Alcove I day Thu ICII� 20 T -111 Above BaseBoard 4 days Fri 10f31/08 21 Progress Review Mtg 1 day Thu 11/5108 22 MW Ciew Up and Demo Souffi Pay" 3 days Mon 11/3W 23 13 Remove Storage Refuse 3 days Thu 1116M 24 Waft Palgala Extension 2 days Thu 1116108 25 rq Detail Temporary Soft Closure 2 days Thu 11/8/08 - 28 Install Renuffning Drip Edge 3days Mon 11110/08 27 M Replace Sheathing at Edge as read. 1 day Mon 11/10/08 28 Install Remaining Copper Fascia 2 days Tue 11/11/08 Project. Glen Elyn Schedule-, Date. Mon ask Split T • Progress Milestone Summary Rolled Up Task Rolled Up Split ... Rolled Up Milestone -2491- 31pn Syn Schedule-1 205 " Oct 12.'08 1 Oct 08 Oct 2B. -08 NOV 9. '06 1 NOY 91 El--S 8-1 T ff- I T I w I 7-F-F-s 1 5 1 M I T I W I T I F 1 5. 3 AMLLT T I W I T I F 1 8 5 1 M I T I W I T I F 1 5 5 1 M I T I W I T I F 1 5 5 1 M w .......... ... ............. ............ .................. ............... .................. ........... ................ North End Soffit ................... ................... ............... .................. .................. ........... ................. ................... ............ ................... .............. .............. ................ 2 days ................... 10 .................. 1�1% 2 days ............ I...... ................ .... .......... .................. ........... Southwest: Pam Wall .................. ....... .......... ............ .......... I ....... ........... ................... ............ .......... .................. .................. ........... 2 dsys ... .................. ...... .................. .................. ........... I day ................... .................. .................. .................. ........... North End Wall ............... ....... 86% .............. ........ 2 days ................... ........... ...... ................. ........... 1. 3 days ................... ............ ...... ..... — .......... .................. IV Nufflymot Pon WAR ................... ................. ........... ...... ............ ...... ...... 4 days ............. .......... .................. 0 . . . . . ......... ---------- ....... .......... .................. ........... . ................... .................. 77 . .......... ........... .................. ......... .................. I day ... ............ .......... . ...... ........... iday ................... ................... .................. .............. .................. ........... ............ ................... .............. .................. ........... ...... ........... . PMpresrRWA@w Mto 114 .. . .................. .................... .................. ................. .................... . ........... ............ 3tilp . ...... ....... . . . . . . . . . . . d 3 Ilya . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wed Pergola Rftnslo ......... ................... ................... .................. .................. ...... 0% ................... . ................... ............... 2days F-777.1- ........... .................. ........... ................... ................... .............. ........ I ......... ................ ........ I day ................... ................... .................. .................. ............. 2 clop RECEIVED Rolled Up Progress I Project Summary E)damW Tasks MOUND PLANNING -2492- -1 GAMEFARM STABLES AT 6570 GAME FARM ROAD MAILING ADDRESS: 6690 GAME FARM ROAD MINNETRISTA, MN 55364 (952) 472.6105 CELL (612) 889 -2297 September 16, 2008 To: Ms. Sarah Smith, Community Development Director City of Mound 5341 Maywood Road Mound, MN 55364 Cc: Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Attachment "A" for 4945 Glen Elyn Road, Mound, MN. For Council Discussion, September 16, 2008, Brian Johnson Near Term Schedule of Completion for Tasks to be Verified. Sarah, Per your request, following our On -Site Discussion yesterday with Mound Council Member Osmek and Staff, the following Tasks and Time -Line are included here: Status of Items Already Completed this Summer: On the remaining portion of the House Remodeling where the existing White Cottage was removed and rebuilt into the final structure now onsite, the Rough Openings for Windows and Skylights have been cut out and readied for installation of 21- Anderson Casement and Roof Windows that are not yet onsite. Also, another 11 Custom Single Units were individually built and installed into all of their respective openings. Where these Custom Single Units have been installed we will be able to complete the Cedar/Redwood Banded Siding up to the Soffit Line. The Redwood Base Board has been installed along with the Wainscot Band on all three sides of the house. -2493- 0 C7 The Cedar Tongue and Groove material has been stored onsite and is being stained for • immediate application wherever possible. 13 Fixtures of Exterior Recessed Down Lighting have been installed but not wired into the soffits on all three sides. Soffits have been sheathed -in at all locations except over the 13- Recessed Down Lighting Fixtures that need a Rough -In Inspection before I can close off those areas. After finishing the Rough -In Openings for windows, the house was Papered and Tyveked and is awaiting Siding. Fall Schedule of Punch List Tasks to be Completed: The skylight openings will be blocked off and covered for winter and shingling after Roof Window Installation in the spring. (Week -4 of Sep) The North End Soffit will be closed up as soon as we complete the wiring and rough -in electrical inspection on the 13 Recessed Lights in that Soffit. (Week -4 of Sep) On the Southwest Face Wall, all Cedar/Redwood Siding will be completed up to the Wainscot Line. (At Street Face but not including the Chimney Chase) (Week -1 of Oct) • On the North End Wall, all Cedar/Redwood Siding will be completed at that end of the house up to the Soffit Line. (At Street End) (Week -2 of Oct) Above the Wainscot Line on Southwest Wall, I will apply temporary finish siding (T- 111) with screws so that as I purchase the remaining windows, they can replace the temporary finish and be sided with Tongue and Groove final material. (Week -3 of Oct) On the Northwest Face Wall, all Cedar/Redwood Siding will be completed at that end of the house up to the Soffit Line. (At Corner End) (Week -4 of Oct) Above the Redwood Base Board on the East Wall, I will apply temporary finish siding (T -111) with screws so that as I purchase the remaining windows, they can replace the temporary finish and be sided with Tongue and Groove final material. (Week -5 of Oct) Clean up and demo as necessary all discard materials from Pergola at South End of House to prep for reconstruction in Spring. (Week -1 of Nov) Remove unneeded storage refuse and woodpile from upper south corner of property if not required for construction. (Week -2 of Nov) Sincerely, • Brian and Maria Johnson -2494- THIS PAGE IS INTENTIONALLY LEFT BLANK -2495- • e r� • CITY OF MOUND RESOLUTION NO. 08- RESOLUTION AUTHORIZING A VOLUNTARY EARLY RETIREMENT INCENTIVE PLAN FOR CITY OF MOUND EMPLOYEES WHEREAS, budget shortfalls necessitate that the City of Mound implement cost saving measures to meet financial constraints; and WHEREAS, salary and benefits comprise over 60% of the General Fund budget; and WHEREAS, reorganization opportunities exist to help reduce budget shortfalls; and WHEREAS, a voluntary early retirement incentive plan will facilitate reorganization efforts through voluntary employee departures. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby authorizes the City Manager to implement the Voluntary Early Retirement Incentive Plan (Phase II) for the City of Mound Police and Public Works Employees as shown in Exhibit A, and made a part herein. Adopted by the City Council this 10th day of November, 2008. • Attest: Bonnie Ritter, City Clerk -2496- Mayor Mark Hanus City fo Mound 2008 Voluntary Early Retirement Incentive Plan (Phase II) Summary Eligibility Criteria: (1) Eligible for PERA retirement annuity (2) At least 20 years of service with the City of Mound (3) Employee of Police or Public Works Departments (4) Must retire on or before January 31, 2009 Profile of Employees who meet this criteria: Average # of years with City Average Salary Average Cost of Benefits (Employer Portion) Average Standard Severance (Accumulated Sick and Vacation Time) 28 59,176 13,830 31,064 Average of 3% of Salary Per Year of Service Used for Ins. Premiums 49,569 Average Balance of Additional Sick Pay Paid as Part of Incentive 6,096 Average Cost of City Health Care Insurance for the Retiree (100% of Individual Premium on City Plan at 16% increase per year until age 65) 129,458 Average Potential Savings * - Year One (Equal to Projected Savings - Year One / 7) 11,411 Average Potential Savings * - Year Two (Equal to Projected Savings / 7 ) 56,107 * Savings estimates do not reflect the cost of any promotions or hires needed, if any. Reorganization efforts will be implemented to minimize the need for replacements. Note: All of the above severance calculations exclude employer payroll taxes -2497- • • • • 2008 VOLUNTARY EARLY RETIREMENT INCENTIVE PLAN (PHASE II) FOR CITY OF MOUND EMPLOYEES The City of Mound VOLUNTARY Early Retirement Incentive Plan (Phase II) is designed to provide employees who wish to retire /resign an option to do so by offering some extra financial resources. This program will aid the City in reducing expenditures and avoid reductions in benefits and/or layoffs in order to respond to the current budget challenges. This is a one -time offer and the deadlines are firm. • For a detailed description of your eligibility for the Incentive Plan, the benefits it offers and other important information, see the items below. • EARLY RETIREMENT INCENTIVE PLAN a. Employee Eligibility b. Retirement Incentive Plan Benefits c. Retiree Health Insurance Continuation 2. FACTORS TO CONSIDER 3. RESOURCES 4. PROCEDURE and NOTICE /RELEASE FORM M • 1. EARLY RETIREMENT INCENTIVE PLAN • A. Employee Eligibility You are ELIGIBLE to participate in this voluntary Early Retirement Incentive Plan if you meet the following four (4) requirements: 1. You must be eligible for a retirement annuity from a public retirement plan such as Public Employee Retirement Association (PERA) and have been a regular full -time City of Mound Employee for at least twenty (20) years prior to your expected retirement date. 2. You must be an employee of the Police Department or Public Works Department. 3. You must notify the City Manager by December 26, 2008, using the Participation Agreement and General Release form of your intent to retire under the Incentive Plan, and 4. You must retire on or before January 31, 2009. B. Early Retirement Incentive Plan Benefits The following benefits will be paid within 30 days after the date of retirement: 1. A lump -sum payment by the City of Mound to the Minnesota State • Retirement System Health Care Savings Plan (MSRS HCSP) of any remaining accrued sick leave above and beyond sick leave which is severance- eligible sick leave as determined by existing contract agreements or policies governing the terms and conditions of your employment. This would result in 100% of accumulated sick leave paid to you. 2. Payment by the City of Mound to the MSRS HCSP, in a lump -sum, of any severance payments for which you are eligible as determined by existing contract agreements or policies governing the terms and conditions of your employment. 3. Payment of unused vacation as determined by existing contract agreements or policies governing the terms and conditions of your employment paid directly to: (a) the MSRS HCSP; (b) a City of Mound sponsored 457 plan (not to exceed maxium contribution allowed by the IRS, including any catch -up provision); or (c) in a cash payout subject to income tax. You may elect to use and exhaust your vacation, including that accrued over 480 hours, before your actual employment termination date up to and including January 31, 2009 subject to the approval of your department head. -2499- The following benefit will be paid in installments over five (5) years: 1. The City will calculate an amount equal to three percent (3 %) of current annual pay for each full year of service with the City of Mound, based upon the current rate of pay at the time of retirement. The City of Mound will make five (5) equal installment payments over the period of five (5) years to the employee's Minnesota State Retirement System Health Care Savings Plan (MSRS HCSP). The first installment payment will be made within 30 days after the date of retirement and then on or before January 15' of 2010, 2011, 2012 and 2013. Note: Payments made to MSRS HCSP are not subject to tax both when it is placed in your account and when you withdraw funds to pay for eligible reimbursable health and/or dental premiums and out -of- pocket expenses. For information about this Plan, please visit the MSRS Website at: www.msrs.state.mn.us/hcsp The Early Retirement Incentive Plan benefits listed above will be issued to you only after you have signed a Participation Agreement and General Release form (without rescission) AND have retired from city employment on or before January 31, 2009. 0 C. Retiree Health Coverage Continuation All regular City of Mound employees are eligible for COBRA sponsored health coverage continuation under Minnesota Statute 471.61, subdivision 2b. There are no city contributions for your retirement healthcare premiums. You may use funds from your MSRS HCSP to pay for your retirement health insurance premiums. Minnesota Statute 471.61, subdivision 2b Continuation If at the time you retire you are eligible to receive a retirement annuity from a Minnesota public retirement plan such as PERA (your pension service credit need NOT be exclusively with City of Mound), you may remain in the city's Employee's Health Plan indefinitely by paying the full premium yourself. You will have the same benefits, health plan and open enrollment options as active regular employees. -2500- For 2009, the total monthly expense for the City of Mound Employee's Health Insurance Plan is: Medical Health Partners Health Health Partners Health Partners Insurance Plan Open Access Plan Partners Three $1150 Deductible $2500 Deductible for Free Plan Health Plan with Health Plan with HSA HSA Employee Only $576.61 $515.72 $408.43 $378.85 Employee & $1,226.94 $1,097.25 $868.94 $807.87 Spouse Employee & $1,162.48 $1,039.61 $820.92 $763.24 Children) Family $1,518.16 1 $1,357.66 1 $1072.05 $996.69 PLEASE NOTE: The City of Mound Employee's Health Plan may have Plan design changes in coming years (i.e. co -pays, annual out -of- pocket maximums, etc.) and premium expenses are likely to increase. 2. FACTORS TO CONSIDER The Incentive Plan may be of value to you IF YOU CAREFULLY EVALUATE YOUR INDIVIDUAL CIRCUMSTANCES and THEN decide if it is right for you. Every employee's personal situation is unique. Only YOU can decide if the benefits and advantages of this Incentive Plan offers outweigh any disadvantages of leaving city employment during the Incentive Plan period. The City cannot advise you as to whether leaving city employment during the Incentive Plan period makes sense for you. Talk to your family, legal advisor, financial advisor, and/or other advisor(s). Only you can make this decision. Remember there are many factors to consider — financial and non-financial. Take the time to think through your decision. Listed below are a few factors to consider, but you will probably identify other factors that apply only to you. As you read the items below, jot down your thought and make sure you get answers to your questions. Your pension with the Public Employees Retirement Association (PERA) If you leave the city earlier than originally planned, how will your pension be impacted? What are your employee contributions in the event you decide to take a refund from PERA rather than apply for your retirement benefits? Will PERA be your only retirement income, or do you have other sources of retirement income (for example, an Individual Retirement Account or other personal savings)? Obtain detailed information and/or benefit estimates from PERA directly to help answer these questions. Also, obtain detailed information from any other pension plan and/or IRA for which you are eligible. Plan ahead and don't wait until the end of the Incentive Plan period. -2501- . To obtain an estimate of your benefits under the Incentive Plan, contact Catherine Pausche, Finance Director, at 952- 472 -0633. b. If you decide that this Incentive Plan is right for you, go to Step c. If you do not think this Incentive Plan is right for you, do nothing. c. If you wish to leave the City of Mound employment under the 2008 Early Retirement Incentive Plan (Phase II) do the following: 1. Make sure you have carefully reviewed all of the Incentive Plan information. You have at least forty -five (45) calendar days after you receive this Incentive Plan description to make your decision (available to employees to review on November 12, 2008). 2. Complete the Participation Agreement and General Release Form (the Form). Be sure to sign and date the Form and have it witnessed. 3. Make three copies of the Form. 4. No later than December 26, 2008, give one copy of the Form to your supervisor. This is your formal retirement notice to the City of Mound. 0 5. Send one copy to Kandis Hanson, City Manager. • 6. Keep one copy for your records. Under the Incentive Plan, you may rescind your election to leave employment provided you do so no later than January 10, 2009 or fifteen (15) calendar days after you sign your Form, whichever comes first. Delivery of your written rescission can be either by hand or by certified mail return receipt requested, postmarked no later than fifteen (15) days after you sign your Form. Your rescission should be sent to: Kandis Hanson, City Manager, City of Mound. 5401 -TiTE C 2008 EARLY RETIREMENT PARTICIPATION AGREEMENT and GENERAL RELEASE FORM I, (Employee: print or type your name) ; the undersigned Employee ( "Employee ") for the City of Mound, voluntarily agree to retire under the 2008 Early Retirement Incentive Plan Phase II ( "Incentive Plan") and to execute this General Release of All Claims (the "Release "). For purposes of this Agreement and Release, the term city refers to City of Mound and includes the city's past, present and future officers, officials, employees, volunteers, and agents. A. Retirement By signing this Participation Agreement and Release, I will voluntarily separate from the City of Mound employment and will retire on or before January 31, 2009 in exchange for the payments and benefits provided under the Incentive Plan. I understand that by participating in the Incentive Plan and signing this Agreement, I may not return to employment in a regular position in my same job classification with the city for 24 consecutive months. My estimated date of retirement is B. Benefits Paid under the Incentive Plan • I understand that the following benefits will be paid to me within 30 days after I retire: Payment by the City of Mound on my behalf to the Minnesota Sate Retirement System's Health Care Savings Plan (MSRS HCSP) of an amount of any remaining accrued sick leave that is above and beyond the standard severance amount, resulting in 100% of accumulated sick leave being paid. ■ The standard severance for accrued sick time and accrued vacation hours as determined by existing contract agreements or policies governing the terms and conditions of my employment. In addition, the City will calculate an amount equal to three percent (3 %) of current annual pay for each full year of service with the City of Mound, based upon the current rate of pay at the time of retirement. The City of Mound will make five (5) equal installment payments over the period of five (5) years to the my Minnesota State Retirement System Health Care Savings Plan (MSRS HCSP). The first installment payment will be made within 30 days after the date of retirement and then on or before January 15`h of 2010, 2011, 2012 and 2013. 0 -2505- r� LJ C. My Acknowledgement of the Consideration and Purpose of the Release I acknowledge that I would not be eligible for the payments and benefits under the Incentive Plan unless I sign (and then do not rescind) this Participation Agreement and Release. I received the Incentive Plan materials authorized by the City Council Resolution and reviewed them. The materials include descriptions of who is eligible for the Incentive Plan and the time limitations under the Incentive Plan. The city encouraged me to seek counsel from a financial advisor and lawyer before signing this agreement. I have at least 45 calendar days to consider whether to sign the Participation Agreement and Release. I understand that I may knowingly and voluntarily agree to waive the 45 calendar day consideration period by electing to sign the Release before the 45 calendar days have passed. The city encouraged me to take my time and carefully evaluate my circumstances before deciding if signing the agreement is the right thing for me to do. D. What I am Releasing In consideration for the payments and benefits under the Incentive Plan, I fully release and discharge the City of Mound from any and all claims, charges, complaints, liabilities of any kind, known or unknown (each a "claim "). I understand that by releasing the City of Mound from each and every claim, I am releasing all of my rights to bring any claim against the City of Mound based on any action, decision, or event occurring prior to my signing this Agreement, including, without limitation, the terms and conditions of my employment with the City of Mound and the ending of my employment. Except as permitted by law, I will not commence any proceeding relating to any claim, and if the law permits me to commence during such a proceeding, I agree that I may not seek to recover any monetary damages or other relief as a result of any such proceeding. My release includes any claim based upon THE AGE DISCRIMINATION IN EMPLOYMENT ACT, 29 U.S.C. ss621, et se g.; federal, state or local employment discrimination laws, regulations or requirements, including, but not limited to Title VII of Civil Rights Act, 42 U.S.C. ss2000e, et sea.; the Americans with Disabilities Act 42 U.S.C. ssl2101, et se .;and the Minnesota Human Rights Act, Minn. Stat. Ch. 363; any other statute, ordinance, or regulation; any contract, quasi - contract or promissory estoppel; any tort, including wrongful discharge, misrepresentation, fraud, infliction of emotional distress, or defamation; or any other legal or equitable theory. -2506- I also release and waive rights and claims I may have under the Veterans • Preference Act, Minn. Stat. 197.46 E. What I am Not Releasing I am not releasing any claims for post - termination benefits, such as retirement benefits, under the provisions of any employee benefit plan. I also am not waiving any rights I have with regard to events that occur after the date of this Release. I am not waiving or releasing workers compensation benefits with the exception of claims under Minnesota Statute 176.82 F. If I Want to Rescind this Participation Agreement and Release I understand that I have fifteen (15) calendar days from the day I sign this Participation Agreement and Release in which to change my mind and rescind it. In order for this rescission to be effective, it must be in writing and delivered to Catherine Pausche, Finance Director within fifteen (15) calendar days from the date I sign this agreement. I understand that my delivery of a written rescission can be either by hand by 4:00 pm on the last day or by certified mail return receipt requested, postmarked on the last day. • / /2008 Employee Signature Date Signed Witness* * Witness signature does not need to be notarized EMPLOYEE — Once signed and dated: • Make THREE COPIES of this Form • Keep one copy for your records • Give one copy to your supervisor • Submit one copy to: Kandis Hanson, City Manager • -2507- • CITY OF MOUND RESOLUTION NO. 08- RESOLUTION AUTHORIZING A VOLUNTARY LEAVE OF ABSENCE WITHOUT PAY PLAN FOR CITY OF MOUND EMPLOYEES WHEREAS, budget shortfalls necessitate that the City of Mound implement cost saving measures to meet financial constraints; and WHEREAS, salary and benefits comprise over 60% of the General Fund budget; and WHEREAS, a voluntary leave of absence without pay plan will facilitate cost savings as a result of reduced payroll related expense. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby authorizes the City Manager to implement the Voluntary Leave of Absense Without Pay Plan for the City of Mound Employees as shown in Exhibit A, and made a part herein. Adopted by the City Council this 10th day of November, 2008. • Attest: Bonnie Ritter, City Clerk • -2508- Mayor Mark Hanus November 12, 2008 TO: Mound City Employees FROM: Kandis Hanson, City Manager RE: VOLUNTARY LEAVE OF ABSENCE WITHOUT PAY In order to respond to the current budget challenges at the City of Mound and potentially avoid layoffs or other reductions, the City of Mound is offering employees an opportunity to request a voluntary leave of absence without pay during the time period of January 1, 2009 through December 31, 2011 for up to one (1) year. During such leaves of absence without pay, employees will not receive compensation from the City or contributions to PERA or the Post Retirement Health Care Savings Plan. Employees will not accrue vacation or sick pay benefits for the duration of the leave. For leave of absences three months or less, the City will continue to make the employer contribution to an employee's insurance coverage. After three months, it will be the employees' responsibility to ensure insurance coverage remains intact by making 100% • of the premium payments to the City insurance plan according to the terms of the leave agreement. Dependent upon the critical nature of the employee's job, the City reserves the right to limit the number of days an employee may be absent on a leave or decline an employee's request for a leave of absence. If you are interested in a voluntary leave of absence without pay and you are member of a bargaining unit, the leave of absence and its terms must be agreed to by your Union representative. cc: LELS Business Agent Jack Chambers LELS Business Agent Dennis Kiesow Teamsters Business Agent Mike O'Donnell • -2509- CITY OF MOUND • RESOLUTION NO. 08- RESOLUTION AUTHORIZING A VACATION PURCHASE PLAN FOR CITY OF MOUND EMPLOYEES WHEREAS, budget shortfalls necessitate that the City of Mound implement cost saving measures to meet financial constraints; and WHEREAS, salary and benefits comprise over 60% of the General Fund budget; and WHEREAS, A vacation purchase plan will facilitate cost savings as a result of reduced payroll related expense. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby authorizes the City Manager to implement the Vacation Purchase Plan for the City of Mound Employees as shown in Exhibit A, and made a part herein. Adopted by the City Council this 10th day of November, 2008. • Attest: Bonnie Ritter, City Clerk • -2510- Mayor Mark Hanus November 12, 2008 TO: Mound City Employees FROM: Kandis Hanson, City Manager is RE: VACATION PURCHASE PLAN In order to respond to the current budget challenges at the City of Mound and potentially avoid layoffs or other reductions, the City of Mound is offering full -time employees an opportunity to buy up to an additional 10 days of vacation per year with no effect on health or dental benefits. With levy limits imposed for 2009 — 2011, this offer is valid from November 12, 2008 through December 31, 2011. Vacation days can be purchased in one of two ways: • Time -off Without Pay Method - Employees do not get paid for the actual days they were gone during the year. For instance, if two (2) days were taken -off without pay in a single pay period, the employee would be paid for 64 hours instead of the regular 80 hours. Accrual Method to Spread Evenly Throughout the Year - Employees can reduce the number of hours they are paid for and increase their vacation accrual evenly throughout the year. For instance, for someone who wants to buy 10 days (80 hours) vacation in 2009, they would be paid according to the following formula: o 80 vacation hours /26 pay periods in a year = 3.08 hours per pay period. The employee would be paid for 76.92 regular hours (80 hours minus 3.08 • hours) and they would receive an additional vacation accrual of 3.08 hours per pay period. For someone who makes $22.68 an hour, they would receive $69.85 less in regular pay ($22.68 x 3.08 hours) per pay period for the additional 3.08 hours earned vacation. Purchased vacation days must be taken within 12 calendar months of when they were purchased, preferably within the same calendar year. Employees will not be allowed to exceed the maximum carry -over amount of 480 hours per year. All vacation must be approved in advance by your supervisor. Please note, the City will continue to provide the same contributions to the health and dental insurance plans, but benefits that fluctuate with the amount of pay (PERA, Post Retirement Health Care Savings Plan, and taxes) will be reduced as the hours paid are reduced. If you are interested in buying up to 10 days of vacation and you are member of a bargaining unit, such an arrangement and its terms must be agreed to by your Union representative. cc: LELS Business Agent Jack Chambers LELS Business Agent Dennis Kiesow Teamsters Business Agent Mike O'Donnell • -2511- MEMORANDUM TO: Mayor Hanus and City Council FROM: Kandis Hanson, City Ma DATE: November 5, 2008 SUBJECT: 2009 Budget Considerations 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com The City staff has been working very diligently at developing solutions to our budget challenges. The City staff recognizes that even without levy limits, changes in the economy and housing market would not support continued growth at the same rate as we have seen in the past. We want to provide our residents stable tax rates and manage changes to those rates in a responsible manner. Since our last meeting on August 28, 2008, when the Council approved the Preliminary General Levy increase at 3.9 %, we met with the County Auditor and were informed our tax capacity for the City of Mound is expected to shrink in 2010, after many years of healthy growth. Although not a • total surprise, it does require us to make decisions on the 2009 budget with a long term perspective in mind. To aid in that analysis, please familiarize yourself with the summaries of the levy /tax rates and the Undesignated Fund Balance provided in your packet. The tax rate is sure to increase in 2010 due to the reduction in Net Tax Capacity and the Undesignated Fund Balance will likely decrease in 2008 even further than what is shown as we increase the amount designated for severance pay as a result of the Early Retirement Incentive Plan. We would like to minimize the negative impact on tax rates and Undesignated Fund Balance by requesting the following revenue related initiatives be supported by the Council: • Maintain the 2009 General Fund Levy Increase at 3.9% to build fund balance, fund cost savings measures, and minimize changes in the tax rate. • Do not sunset the Excel Franchise Fee as of July 1, 2009, or the Centerpoint Energy Franchise Fee by July 1, 2010, either by eliminating the language entirely or pushing it out past 2011 when levy limits expire. • Implement Administrative Allocations to the HRA Fund and the Storm Sewer Fund • Implement a policy to charge event hosts for City Services, including the Spirit of the Lakes Festival, Our Lady of the Lake Starlight Blast, VIP visits You will hear about some cost reduction initiatives being undertaken by the City as well, but we feel all initiatives are required to preserve a healthy fund balance. Thank you, once again, for your • support and consideration in these matters. printed on recycled paper -2512- N 2 Lc x cc I- co J co O O LO 0 O O T V 2 C; 00000„o � d. M T M CO M dN' ~ LA t- 1- M CO w V d' w Z J M C7 M M M M M M O) L. le M ti N N ++ r O w M HOC d' M CO le M CO 00 N 00 0) I- Z J COO co M M CO C N ti \ LO O de 0) M w co CD O N M M M 14i d -Ri ei O) L. le M ti N N 0 12 Cu DD M ti T N N V) O M N co O O �O Z V Cc L d \ O O O O O \ O E! T T T T T O O O o i I* le ■ m u . c $ � % e co � C* � cm � � C4 LL T" cm 0 ce $ K U) N U) 0 %4) e 22 L U � � e to 2 U) cc 0 § § k.m w. X20 L � k e �2 k 2 c � � L 19 0 yak p � D ■ ■ $ I n � o � 2 Q § � �� R■ ■ tm � 0In §.k 2 w Cal0 to m o m k $ $ % $ co � C* 2 cm % � C4 d T" cm le ce $ $ to m o m k $ $ % $ o � n w w' % W k � 0 co le ce $ $ co N C14 m co L L m CD - - - C4 C C4 eq -2514- m o m k k k k o o @ w w w' w W k C 0 2 $ $ $ C4 C C4 eq -2514- m o m k le k k o o @ co � L Go k k C 0 q* C4 C C4 eq -2514- m o m $ le ° Go o I- @ co � L Go C m C C4 C C4 eq -2514- � $ le $ @ co c - Go - co N C14 m � L L U & C4 C C4 eq -2514- Y OF 41 MAYWOOD ROAD • r MOUND MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com MEMORANDUM TO: Mayor Hanus and City Council FROM: Carlton Moore, Public Works Director DATE: November 5, 2008 SUBJECT: Street Lighting Fee In 2003, the City enacted a $2 per month street lighting fee for the repair and maintenance of the City street lights. The street light fee produced $110,000 in revenue for the General Fund in 2007. The electricity expense for the Street Department was $88,000 in 2007, or 12% of the department's operating budget. The remaining funds offset personnel and operating expenses. The electricity expense for 2008 year -to -date as of September 30`x' is $75,000. We are estimating the final electricity expense for 2008 to be approximately $100,000 which will reduce the funds available to offset personnel and operating expenses. There are currently 84 street lights on County Road #100 and #15 which were installed over 25 years ago. These poles are made of steel and are deteriorating at the bases due to rust and corrosion. The city recently removed four poles, two of which fell without warning. We can choose to replace the poles with a similar model, or move to a more decorative version. In either case, funds are not available for replacement. It is recommended that the council maintain the current fee and consider increasing the fee to fund the replacement poles and installation. The cost per pole (installed) ranges from approximately $2,600 to $4,200 depending on the poles selected. If the council were to increase the fee by $ 1.00 it would generate about $55,000 a year and would allow for replacement of 20 poles per year. An increase of $0.50 per year would allow for the replacement of 10 per year. With 84 existing poles, that would mean approximately a 5 — 10 year replacement program, respectively. printed on recycled paper -2515- • is Limi _ ] Limi _ • 5341 MAYWOOD ROAD CITY OF MOUND MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com MEMO DATE: November 5, 2008 TO: Mayor Hanus and City Council Members FROM: Kandis Hanson, City Mana RE: Goal Setting Retreat An item suggested for addition to the 2009 Budget is a Goal Setting Retreat. The most recent Retreat, facilitated by Ehler's & Associates, was held June 2005. Buy now the list of priorities has been mostly exhausted. • A goal setting becomes the road map for Staff to carry out the work of the City Council. The election of new Members makes it more important that ever to meet and confer as to the priorities so Staff may be confident that it is carrying out the preferences of the new City Council. Most cities set aside a day each year and goals are set which becomes the work plan for the next two years. • Recommendation: Earmarking $2,000.00 in the City Council Fund for a Goal Setting Retreat that will fund a trained facilitator and provide for food and beverage during course of the day. The location will likely be the Gillespie Center which will be free under our cooperative agreement with the Gillespie, to be held after new Council Members have about six months of experience on the City Council. T - printed on recycled paper 2517- Y L) ■� 5341 MAYWOOD ROAD • CITY (i / OF MOUND MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com MEMO DATE: November 6, 2008 TO: Mayor Hanus and City Council Members FROM: Kandis Hanson, City Manager RE: Lobbying and related costs An item suggested for addition to the 2009 Budget is lobbying and any related costs. It has been agreed by Mound Harbor Renaissance Development that they will share in the cost of hiring the lobbyist for transportation- related expenses in and near the redevelopment area. Costs that we are currently aware of are as follows: Lockridge Grindal Nauen Lobbying services $39,000 Hoisington Koegler Group Concept development 10,000 Staff and/or consultant Travel and lodging 2,000 Other unknown expenses 1,500 Total $52,500 All of this could be expended if the City is successful in its efforts to secure federal funds. The figure would drop to $33,000 should the opposite be the case. Incidentally, Staff made efforts for additional cost - sharing with M R but to no avail. Recommendation: To fund $52,500 to cover the costs associated with lobbying for transportation- related improvements in and near the redevelopment area, to be charged against TIF 1 -3, not the General Fund. printed on recycled paper -2518- • C7 • CITY OF MOU To: Mayor Hanus and City Council From: Jim Fackler, Parks Superintendent Date: 11/5/2008 rr Re: Aquatic Herbicide Funding 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com At the October 14, 2008 City Council meeting a request was made of the Lake Minnetonka Association (LMA) to present its 2008 Results Report before any additional funding would be discussed. Currently, staff has not received notice or documentation from the LMA of their readiness to present. • At the time, the LMA makes their 2008 Results Report presentation to the Council and the Council votes to fund future aquatic herbicide treatments, staff would like to suggest funding of such programs come from a combination of General Fund and Docks and Slip Fund monies. Funding could be based on the percentage of affected private shoreline vs. affected city- controlled shoreline. Specifically, the Phelps Bay treatment area contains 3,932 Lnft of shoreline within Mound and all 3,932 Lnft is controlled by the City of Mound (Devon Common). U printed on recycled paper 2519- TO: MEMORANDUM Mayor Mark Hanus & City Council N FROM: Jim Fackler, Park Superintendent DATE: November 06, 2008 RE: Mowing Quotes Per the City Council's request to solicit quotes to contract the City's mowing services for 2009, I worked with my staff to secure quotes. Our deadline to receive quotes was 11:00 a.m. on September 24, 2008. The City did not receive any quotes in a timely manner but did have a contractor who found out late that the City was looking into a contract asked if he could quote. Staff stated that the quote could be taken as informational and if it seemed reasonable the City would reopen a second process for prospective contractors. Below is a summary of what efforts we put forth to solicit quotes: August 11, 2008: Letter with list of parcels to mow was sent to ten lawn service company's who most noted they were experienced in commercial accounts... We requested they contact us by August 22, 2008 if they were interested in providing a quote. We received positive responses from four contractors. August 27, 2008: Letter sent to the four interested contractors inviting them to a meeting at City Hall on September 8, 2008 to discuss the City's requirements. September 8, 2008: Met with three contractors. The quote requirements along with mowing/weeding chart and greenway and streetscape plans were handed out to contractors. The handouts from this meeting were forwarded to one contractor that was unable to make meeting. September 24, 2008: Quotes due at 11:00 am. No quotes received. October 15, 2008 Unsolicited quote received after deadline. With this quote it give staff a cost to measure against current in house costs. Please note attached. Nw-kill • • is C7 C7 For your reference, attached are copies of the letters and documents given to the contractors. Recommendation; Staff at this time feels that there is a need for a more in depth evaluation if contract mowing is beneficial. In reviewing the Summer Seasonal, help which performs the majority of this work, a daily report is needed to track time and tractor costs. Staff would suggest this type of documentation be done during 2009. Then for the 2010 Budget a educated decision can be made. Please let me know how I should proceed from here. -2521- November 6, 2008 • CONTRACT MOW/WEEDING ESTIMATE 2009 MOWING Mowing Time Span = May 5 thru October 31 Number of Days =181 Number of Weeks = 26 Five Day Mowing Areas = 36.2 mows at $1,384.71= $50,126.50 Seven Day Mowing Areas = 25.86 mows at $968.59 = $25,047.74 Ten Day Mowing Areas =18 mows at $384.00 = $6,912.00 TOTAL MOWING COST = $82,086.24 Estimated Low Rain/Growing = 2 13rds or $54,724.16 • AverageAGrowing = 3 14ths or $61,564.68 WEEDING Mowing Time Span = May 5 thu October 31 Number of days =181 Number of Weeks = 26 Weeding per 26 Week Total Cost = $30,550.00 COMBINED COSTS Mowing 100% with Full Weeding = $112,636.24 Mowing 2 /3rds with Full Weeding = $85,274.16 Mowing 3 /4ths with Full Weeding = $92,146.68 Note: After receiving these cost estimates staff has added Shrub & Tree Trimming to the Conditions & Specifications for the 2009 contract. This cost estimate is not available at this time. -2522- • BUDGETED 2009 CITY SEASONAL HELP • C7 Mowing crew reduction by two seasonal which is $8,000.00 so $24,340.00 remains in 2009 Budget. Note: The Summer Seasonal help also performs many other tasks. Please note attached -2523- § E � CL 0 � a � � a CL E 0 2 � c 2 � 2 k k $ � ( k E « \ CL CL a o -0 § o c @ m 2 a � 0 k k t w n m ƒ % k \ 0 % C CU C 2 k k .0 3 E 3: 5/ CL = m « E 2 ) .k CL J 0 k E k 0 U) m f� K § 2 $ 0 / 0cc CL $ ( f E 2 k f $ k E k 7 �CU m § E k c g d R£ r_ o CO 2 2ƒ« 0 2/ § $ -J a c 2 / 0 2 $ m f 2 2 Z \ 2 d- k/ J J a k k $ � ( k E « \ CL CL a o -0 § o c @ m 2 a � 0 k k t w n m ƒ % k \ 0 % C CU C 2 k k .0 3 E 3: 5/ CL = m « / k � 2 k c c � 0 M 0 § k k 2 2 U) 2 A� c 2@ ƒ k 2cn 0§ 2 k— m -?5 ■ 4-- C CO / M� c k k t 2 §� E t a 0 cc f f 2E t o§ m iz ,z a/� 2 O I E O -2524- ■ \ / $ E >, CD / (D � k / f f _ _ ' E (D (D k k m G t t E \ 2 � CL � ) E § C 4L M 3 k 0 2 a. 12L / 0 0 2 CL 0 c $ m K f 0 CL & / . § k E ca cn § 2 3 L) 2 § Co ° ■ 2 ca \ / 0 f o 3 2 E 2 0 k / ° / 0� � && ■ > m $ ■ f k E 3 k/ 2 a I / m / k / k � 2 k c c � 0 M 0 § k k 2 2 U) 2 A� c 2@ ƒ k 2cn 0§ 2 k— m -?5 ■ 4-- C CO / M� c k k t 2 §� E t a 0 cc f f 2E t o§ m iz ,z a/� 2 O I E O -2524- ■ \ / $ E >, CD / (D � k / f f _ _ ' E (D (D k k m G t t E \ 2 � CL � ) E § C 4L M 3 k 0 2 a. 12L / 0 0 CITY OF MOU DATE: August 11, 2008 TO: Contractors FROM: Jim Fackler, Park 952- 472 -0611 W Quotes for Mowir 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952)472 -0620 WEB: www.cityofmound.com • The City of Mound will be requesting quotes for lawn service of City maintained properties for 2009. Attached is a list of properties that show the size of properties, frequency of required mowing, and sites that require weekly weeding. After looking over the attached list, if you feel your company is able to provide required lawn service, please respond by l 1:00am on Friday, August 22, 2008 to Vicki Weber at 952 -472 -0615, or by email at vickiweber@cityofinound.com. Interested contactors will be invited to a meeting with City Staff prior to September 10, 2008 (date to be determined). Additional information will be provided at that time. • cc: Kandis Hanson, City Manager Carlton Moore, Public Works Director ® Prig _ 2 J 25 — Paper K &M PO Box 19 Mayer, MN 55360 Metropro Inc 830 Forest Arms Lane Mound, MN 55364 Midwest Seasons 538 California Ave E St Paul, MN 55130 Caola Landscape 21265 Park Blvd Jordan, MN 55352 Metro Mowing 1710 Maple Pond Tr Maple Plain, MN 55359 Scotty's Lawn PO Box 1341 Minnetonka, MN 55345 Larson's Landscape 2316 Commerce Blvd, Suite 200 Mound, MN 55364 -2526- Scott's Lawb Care 6126 Main. St Maple Plain, MN 55359 Augusta Greens 1833 103rd St Coon Rapids, MN 55433 PHM 9950 170'h St W Lakeville, MN 55044 •I *I 61 August 27, 2008 Larson's Landscape 2316 Commerce Blvd, Suite 200 Mound, MN 55364 Re: Lawn Service Quote 5341 MAYWOOD ROAD MOUND, MN 55364 -16$7 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com Thank you for expressing an interest in submitting a quote to provide lawn service of city maintained properties for 2009. All interested contractors are invited to a meeting with Mound City Staff at 9:30 a.m. on Monday, September 8, 2008 to further discuss the City's requirements for this service. The meeting will be held at: • Mound City Hall 5341 Maywood Road Mound, MN 55364. • Please confirm your.attendance to Vicki Weber at 952- 472 -0615, or by email at vickiwebergcityofmound.com no later than noon on Friday, September 5, 2008. rarK Dupeiuimnufum 952- 472 - 0611 j imfackl er@cityofmound. coin cc: Kandis Hanson, City Manager Carlton Moore, Public Works Director Greg Skinner, Public Works Superintendent pr. - 2527 i 1 paper —<I August 27, 2008 Jeff Cordes Metropro Inc. 830 Forest Arms Lane Mound, MN 55364 Re: Lawn Service Quote 5341 MAYWOOD ROAD • MOUND, MN 55364 -1687 PH: (952) 472-0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com Thank you for expressing an interest in submitting a quote to provide lawn service of city maintained properties for 2009. All interested contractors are invited to a meeting with Mound City Staff at 9:30 a.m. on Monday, September 8, 2008 to further discuss the City's requirements for. this service. The meeting will be held at: Mound City Hall 5341 Maywood Road Mound, MN 55364. • Please confirm your attendance to Vicki Weber at 952 -472 -0615, or by email at vickiweber(a cityofmound.com no later than noon on Friday, September 5, 2008. rely, im F Park Superintendent 952- 472 -0611 jimfacklerna cityofmound.com cc: Kandis Hanson, City Manager Carlton Moore, Public Works Director Greg Skinner, Public Works Superintendent • primer! — rscvded. paper -2528- • 5341 MAYWOOD ROAD f%ivv AC uni n1® MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www_cityofmound.com August 27, 2008. Scotty's Lawn Service PO Box 1341 Minnetonka, MN 55345 Re: Lawn Service Quote Thank you for expressing an interest in submitting a quote to provide lawn service of city maintained properties for 2009. All interested contractors are invited to a meeting with Mound City Staff at 9:30 am. on Monday, September 8, 2008 to further discuss the City's requirements for this service. The meeting will be held at: • Mound City Hall 5341 Maywood Road Mound, MN 55364. Please confirm your attendance to Vicki Weber at 952 -472 -0615, or by email at vickiweber@cityofrnnound.com no later than noon on Friday, September 5, 2008. Park Superintendent 952- 472 -0611 jimfackler(a cityofmound.com cc: Kandis Hanson, City Manager Carlton Moore, Public Works Director Greg Skinner, Public Works Superintendent primed - recy ded paper -2529- AL August 28, 2008 Ryan Fourvray Prescription Landscape 1311 Sylvan Street St Paul, MN 55117 -4605 Re: Lawn Service Quote 5341 MAYWOOD ROAD • MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com Thank you for expressing an interest in submitting a quote to provide lawn service of city maintained properties for 2009. Attached is a list that shows the locations and size of the properties, frequency of required mowing, and sites that require weekly weeding. All interested contractors are invited to a meeting with Mound City Staff at 9:30 a.m. on Monday, September 8, 2008 to further discuss the City's requirements for this service. The meeting will be held at: Mound City Hall 5341 Maywood Road Mound, MN 55364. Please confirm your attendance to Vicki Weber at 952- 472 -0615, or by email at vickiweber@cityofmound.com no later than noon on Friday, September 5, 2008. Sincerely, Jim Fackler Park Superintendent 952- 472 -0611 jimfackler@cityofmound.com cc: Kandis Hanson, City Manager Carlton Moore, Public Works Director Greg Skinner, Public Works Superintendent pn 2530— paper • • September 9, 2008 Jeff Cordes Metropro Inc. 830 Forest Arms Lane Mound, MN 55364 Re: Lawn Service Quote — Revised Specifications 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com Thank you for meeting with the City of Mound on September 8, 2008 to discuss the quote for the 2009 Annual Contract for Mowing and Weeding of Mulched Areas. Based on conversations at the meeting, attached is a revised quote form. Please note the • corrections on pages listed below: Page 8, correction of an error under A., (1) correcting $1,000,00 to $1,000,000. Page 10, clarification of cost section. The costs should be quoted per time mowed. There was some confusion whether or not the costs should be quoted for the entire season, however, costs should be quoted per mow. If you have any questions, please feel free to contact me directly. Park Superintendent 952- 472 -0611 jimfackler@ciiyofmound.com cc: Kandis Hanson, City Manager Carlton Moore, Public Works Director •Greg Skinner, Public Works Superintendent ook- 2531- 'edaeae� September 9, 2008 Larson's Landscape 2316 Commerce Blvd, Suite 200 Mound, MN 55364 Re: Lawn Service Quote — Revised Specifications 5341 MAYWOOD ROAD • MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472-0620 WEB: www.cityofmound.com Thank you for meeting with the City of Mound on September 8, 2008 to discuss the quote for the 2009 Annual Contract for Mowing and Weeding of Mulched Areas. Based on conversations at the meeting, attached is a revised quote form. Please note the corrections on pages listed below: Page 8, correction of an error under A., (1) correcting $1,000,00 to $1,000,000. Page 10, clarification of cost section. The costs should be quoted per time mowed. There was some confusion whether or not the costs should be quoted for the entire season, however, costs should be quoted per mow. If you have any questions, please feel free to contact me directly. Park aupermtenaent 952 -472 -0611 jinifackler ,cityofinound.com cc: Kandis Hanson, City Manager Carlton Moore, Public Works Director Greg Skinner, Public Works Superintendent nnnt .d on r9CVGed paper - 2532 - • September 9, 2008 Ryan Fourvray Prescription Landscape 1311 Sylvan Street St Paul, MN 551.17 -4605 Re: Lawn Service Quote — Revised Specifications 5341 MAYWOOD ROAD MOUND,' MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472-0620 WEB: www.cityofmound.com Thank you for meeting with the City of Mound on September 8, 2008 to discuss the quote for the 2009 Annual Contract for Mowing and Weeding of Mulched Areas. Based on conversations at the meeting, attached is a revised quote form.. Please note the • corrections on pages listed below: Page 8, correction of an error under A., (1) correcting $1,000,00 to $1,000,000. Page 10, clarification of cost section. The costs should be quoted per time mowed. There was some confusion whether or not the costs should be quoted for the entire season, however, costs should be quoted per mow. If you have any questions, please feel free to contact me directly. rely, Fa er Park Superintendent 952- 472 -0611 jimfackler@cityofrnound.com cc: Kandis Hanson, City Manager Carlton Moore, Public Works Director • Greg Skinner, Public Works Superintendent p - 2533 _d paper Or L44 September 9, 2008 Scotty's Lawn Service PO Box 1341 Minnetonka, MN 55345 Re: Lawn Service Quote - Specifications 5341 MAYWOOD ROAD • MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com Thank you for expressing an interest in submitting a quote to provide lawn service of city maintained properties for 2009. Since you were unable to attend the contractors meeting on September 8, 2008, enclosed is the 2009 Annual Contract for Mowing and Weeding of Mulched Areas quote form that was given to interested contractors at the September 8, 2008 meeting. Please note quotes must be received by the City of Mound no later than 11:00 a.m. on September 24, 2008. If you have any questions, feel free to contact me directly. j incerely, Fac er Park Superintendent 952- 472 -0611 iir fackler@cityof mound.com cc: Kandis Hanson, City Manager Carlton Moore, Public Works Director Greg Skinner, Public Works Superintendent 253 _;led paper • C7 • 0 0 CITY OF MOUND GENERAL CONDITIONS AND SPECIFICATIONS FOR 2009 ANNUAL CONTRACT FOR MOWING AND WEEDING OF MULCHED AREAS QUOTE OPENING DATES: SEPTEMBER 247 2008 11:00 AM REVISED 9 -9 -08 -2535- GENERAL CONDITIONS O ASSISGNMENT OF QUOTE /CONTRACT The successful contractor may not assign, subcontract or transfer their rights and duties under an award without the written consent of the City Manager. Such consent shall not relieve the assignor of liability in the event of default by their assignee. QUOTE CONSIDERATION / TABULATION After quotes are opened and publicly read, the quotes will be tabulated for comparison on the basis of the quote price and quantities (lowest responsible vendor) or by the best value method shown in the Proposal. Until final award of the Contract, the city reserves the right to reject any or all quotes, to waive technicalities, and to re- advertise for new quotes to do the work otherwise in the best interests of the City. The following items will be considered when an award is based on best value: • The price; • The reputation of the contractor and of the contractor's goods or services; • The quality of the contractor's goods or services; • The extent to which the goods or services meet the municipality's needs; • The contractor's past relationship with the municipality; • The impact on the ability of the municipality to comply with laws and rules relating • to contracting with historically underutilized businesses and non -profit organizations employing persons with disabilities; • The total long -term cost to the municipality to acquire the contractor's goods or services; and • Any relevant criteria specifically listed in the request for quote QUOTE SUBMISSION Quotes may be submitted in person or by mail. Submit quotes in person or via mail to Jim Fackler, Mound City Hall, 5341 Maywood Rd, Mound, MN 55364 • Quotes must be received by 11:00 a.m. on September 24, 2008 • Outside of envelop must state "Quote for Mowing and Weeding of Mulched Areas" • Quotes will not be accepted without a signature • Quotes will not be accepted unless sealed • The City is not responsible for mail service CHANGES OR ALTERATIONS No part of this quote maybe changed/altered in any way. Contractors must submit written requests to change any specifications /conditions with their proposal. Changes made with out submission of a written request to the quote will result in disqualification. COMPLETEING INFORMATION • Revised 9 -9 -08 -2- -2536- • Contractor must fill in all information asked for in the blanks provided under each item. Failure to comply may result in rejection of the quote at the City's option. CONTRACT CLAUSE All contractors understand and agree that the vendor's quote response will become a legally binding contract upon acceptance in writing by the City. This contract may be superseded only if replaced with a more extensive contract that is agreed to by both parties. DEFAULT in case of default of the successful contractor, the City of Mound may procure the contracted services from other sources and hold the contractor responsible for any excess cost occasioned thereby. SERVICE PERFORMANCE DATE Service date is an important factor to the City and may be required to be a part of each quote. The City of Mound considers delivery time to be that period elapsing from the time the work is completed. Whenever the Contractor encounters any difficulty which is delaying or threatens to delay timely • performance (including actual or potential labor disputes), the Contractor shall immediately give notice thereof in writing to the City, stating all relevant information with respect thereto. Such notice shall not in any way constitute a basis for an extension of the performance schedule or be construed as a waiver by the City of any rights or remedies to which it is entitled by law or pursuant to provisions herein. Failure to give such notice, however, maybe grounds for denial or any request for an extension of the performance schedule. is INSURANCE Deductibles, of any type, are the responsibility. of the contractor. MISCELLANEOUS The Contractor shall supply all required documents verifying that the requirement of workers compensation laws have been complied with. The Contractor will furnish the City with all required documentation establishing that withholding taxes have been collected and paid. Revised 9 -9 -08 - 3 - -2537- PAYMENT TERMS & CONDITIONS It is the intention of the City of Mound to make payment on completed orders within thirty (30) days of receiving invoicing unless unusual circumstances arise. Invoices shall be fully documented indicating work completed. No partial payment will be made. PROVISIONAL. CLAUSES The City of Mound will not enter into any contract where the cost is provisional upon such clauses as are known as "escalator" or "cost - plus clauses. REJECTION OF QUOTES The City reserves the right to reject any or all quotes or to waive technicalities at its option when in the best interest of said City. Quotes will be considered irregular if they show any omissions, alteration of form, additions, or conditions not called for, unauthorized alternate quotes or irregularities of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interests of the City. • The City reserves the right to reject any or all quotes, and all quotes submitted are subject to the reservations. Quotes may be rejected, among other reasons, for any of the following specific reasons: • • Quotes received after the time limit for receiving quotes. • Proposal containing any irregularities. • Unbalance value of any items. Contractors may be disqualified and their quotes not considered, among other reasons, for any of the following specific reasons: • Reason for believing collusion exists among the quotes. • Reasonable grounds for believing that any quote is interested in more than one proposal for the work contemplated. • The contractor being interested in any litigation against the City. • The contractor being in arrears on any existing contract or having defaulted on a previous contract. • Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. • Uncompleted work, which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. • Incomplete forms • Any other reason which the City believes constitutes sufficient cause to remove a quote from consideration. • Revised 9 -9-08 -4- -2538- • SPECIAL CONDITIONS 1. Length of initial contract shall be from April 1, 2009 to October 15, 2009 with the option to renew the contract for an additional year provided both parties are in agreement. 2. Either party may terminate this agreement upon default of the other party following the defaulting party's failure to cure following thirty (30) days written notice of such default. 3. City has the right to alter mowing schedule so as to extend the length of time for repeat mowing. i.e. five (5) day to seven (7) day to ten (10) day or to stop all work. DEFINITIONS: "Parcel" shall mean any property described on Attachment A. "Authorized notice" shall mean a written or verbal notice from the City of Mound Public Works Department to perform specific work at a specific location. "City" shall mean the City of Mound, Minnesota. "Contractor" shall mean the person or firm, which is awarded the Mowing. and Weeding of Mulched Areas Contract by the City. • AUTHORIZATION: • No work shall be done unless specifically authorized by the City.. The Contractor shall be notified by a representative of the Public Works Department -to perform. specific work at a particular location. The Contractor shall complete the requested services as outlined in Attachment as authorized. In the event of 'inclement weather, the Contractor shall notify the City of his/her failure to mow the property in question by the sixth Wh) day; however, such work shall be completed by the tenth (10) day after initial authorization. Failure to notify or finish the work within the timeframes indicated will subject the contractor to liquidated damages of $15.00 per day, per parcel, until the work is complete. PARCEL — Each parcel shall be mowed in its entirety in a uniform cut. Mowing shall be completed as near as possible to any tree, wall, fence, pole, sign, or any other structure. Remaining high grass and weeds shall be trimmed to ensure favorable appearance. Proper action shall be taken to clean the property, adjoining streets, and public right -of -way of all grass and weed trimmings. CLEANING OF TRASH AND DEBRIS — The Contractor shall remove all trash and debris from the property before mowing.. Trash and debris may include dirt, rock, boards, furniture, appliances, tires, litter, and any other rejected matter not contained in a trash receptacle. Revised 9 -9 -08 -5- -2539- Any parcel, which is not mowed andlor cleaned satisfactorily, shall be redone at the • Contractor's expense upon the request of the City. ALL SPECIFICATIONS WILL BE STRICTLY ENFORCED. •I • Revised 9 -9 -08 - 6 - -2540- 0 GENERAL REQUIREMENTS: The Contractor shall obtain and pay for any and all permits, license, disposal fees, or any other costs required to fulfill this contract. The Contractor must comply with all federal, state, and local ordinances while performing each job. It is understood and agreed that the Contractor shall not assign, sublet, or transfer any of the rights and duties under terms of this agreement without the prior approval of the city. The Contractor shall protect and prevent all damage to wires, cables, structures, fences, vehicles, trees, plants and other artifacts. Any damage to public. or private property shall be corrected by repair or replacement by the Contractor at his or her own expense to the satisfaction of the owner or the city. The Contractor shall provide the City a bi- weekly report listing parcels mowed. The reports shall be submitted no later than 9:00 a.m. Monday and Wednesday of each week: The Monday report shall list parcels mowed the preceding Wednesday, Thursday and Friday, and the Wednesday report shall list parcels mowed the preceding Monday and Tuesday. The. City shall not pay for travel time. • The schedule as described in Attachment A. The City reserves the right to add or delete at its sole discretion. LIABILITY: The Contractor and/or the Contractor's employees will assume complete responsibility for any claim of property damage or bodily injury, which may directly or indirectly arise from'the employees' performance under the terms of this agreement. The Contractor will hold harmless, indemnify, release and defend the City from all claims of liability that directly or indirectly arise under the terms of this agreement. The Contractor shall not recover from the City of Mound the cost for damaged equipment, including broken blades, punctured tires, or any other damaged equipment, as a result of mowing assignments regardless of the condition of the property. INVOICING: Invoices shall reflect separate charges for each category (above) of work performed with no more than one property on any detail sheet. Invoices shall indicate the date(s) of service and shall have appropriate mow list. An invoice for work performed shall be submitted to the Public Works Department within seven (7) days following completion of the requirements of the contract. Invoices may be • submitted to Jim Fackler, City of Mound, 5341 Maywood Rd, Mound, MN 55364. Revised 9 -9 -08 % - -2541- PAYMENT: The Contractor shall receive payment only for those properties that he /she received authorization to mow and/or weed mulched areas by the Public Works Department. INSURANCE: Proof of Comprehensive General Liability, Auto liability and Works Compensation Insurance must be submitted with quote to be considered. (See below for details) The insurance protection will have the following limits: A. Comprehensive General Liability: (1) Bodily Injury (including completed operations and products liability) & Property Damage. $500,000 Each Occurrence $1,000,000 Annual Aggregate (2) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. (3) Personal Injury, with employment exclusion delete $500,000 Each Person $1,000,.000 Each Occurrence B. Comprehensive Automobile Liability: (Combined Single Limit for Bodily Injury .& Property Damage of $500,000 or $1,000,000 would be acceptable) • (1) Bodily Injury: $500,000 Each Person $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence C. Workers Compensation Coverage — Statutory minimums. Other Insurance Provisions The City must be named as an additional insured on the Comprehensive General Liability and Automobile Liability Insurance policies. These insurance policies shall contain the appropriate additional insured endorsement signed by a person authorized by the insurer to quote coverage on its behalf. Certificates of Insurance and Endorsements effecting coverage required by this clause shall be forwarded to: Bonnie Ritter City of Mound 5341 Maywood Rd Mound, MN 55364 All coverages will be kept in place throughout the term of the contract. Revised 9 -9 -08 - g - -2542- • • QUOTE FORM PROJECT IDENTIFICATION: 2009 Annual Contract for Mowing and Weeding of Mulched Areas QUOTES TO BE RECEIVED BY: September 24, 2008 at 11:00 am. QUOTES TO BE OPENED: September 24, 2008 at 11:00 a.m. THE QUOTE TO BE SUBMITTED TO: CITY OF MOUND ATTN: JIM FACKLER 5341 MAYWOOD RD MOUND, MN 55364 • 1. The undersigned contractor proposes and agrees, if this quote is accepted, to enter into an agreement with OWNER and perform and furnish all Work as specified indicated in the Quote Form, General Requirements, General Conditions, and Specifications for the Quote Price and within the Quote Time indicated in this Quote Form and Specifications. 2. Contractor accepts all of the.terms and conditions listed in the Quote Form, General Conditions and Specifications. Contractor shall provide a Certificate of Insurance listing the City of Mound as an additional insured and licensed to work within the City of Mound in accordance with the general requirements. 3. In submitting this Contractor represents, as more fully set forth in the Quote Form, General Requirements, General Conditions, and Specifications, that: a. Contractor has examined and carefully studied the Quote Documents including the General Requirements, General- Conditions, Specifications, and Quote Form. b. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations.that may affect cost, progress, performance and furnishing of the work C. Contractor is aware of the general nature of Work to be performed for which • this quote is submitted as indicated in the General Requirements, General Conditions, Specifications, and Quote Form. Revised 9 -9-08 -9- -2543 d. Contractor understands the Contract Documents are generally sufficient to • indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Quote is submitted. e. The Quote is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any groups, association, organization or corporation; Contractor has not directly or indirectly induced or solicited any other Contractor to submit a false or sham quote; Contractor has not solicited or induced any person, firm or corporation to refrain from quoting; and Contractor has not sought by collusion to obtain for itself any advantage over any other Contractor or over Owner. f. Contractor understands and agrees that the terms of the General Requirements, General Conditions, and Specifications are incorporated in and are part of this Quote Form. g. Contractor will complete the Work for the following price (s): ITEM DESCRIPTION PER MOW COST PART A — MOWING • 1. PARCEL — mowing, handwork, and $ /27.42 acres disposal of refuse Mowed once every 5 days (cost per mow) /19.18 acres Mowed once every 7 days (cost per mow) $ /1.58 acres Mowed once every 10 days (cost per mow) $ /per acre for special requests (Sites will be calculated based on parcel size on Attachment A) Revised 9 -9 -08 -2544- • PART B — WEEDING of MULCHED AREAS 2. WEEDING OF MULCHED AREAS: Greenway $ /each time Transit District $ /each time Shoreline Streetscape $ /each time Sorbo Park $ /each time Fire Dept $ /each time City Hall $ /each time Well #3 $ /each time NOTE: The schedule has been divided into two parts. The City reserves the right to add or delete at its sole discretion. 4.. The Contractor shall be notified by a representative of the Public Works Department to perform specific work at particular locations. The Contractor shall complete the requested services according to the schedule in Attachment A. In the event of inclement weather, the Contractor shall notify the City of his/her failure to mow and/or weed mulched area of a parcel by the sixth (6) day; however, such work shall be completed by the tenth (10) day after initial authorization. Failure to notify or finish the work within the timeframes indicated will subject the contractor to liquidated damages of $15.00 per day, per parcel, until the work is complete. The following documents are attached to and made a condition of the Quote: a. Project References b. Affidavit of Non - Collusion 5. If quote is $75;000.00 or greater a performance and payment bond is required bylaw. 6. Communications concerning the Quote shall be addressed to the address of the Contractor indicated below. SUBMITTED on ___.t.2008 IF CONTRACTOR IS: AN INDIVIDUAL . By (Individuals Name) Doing business as • Phone No. Revised 9 -9 -08 Fax No. -2545- (SEAL) - 11 - A PARTNERSHIP (Firm Name) (General Partner) Business Address: Phone No. Fax No. A CORPORATION (Corporation Name (State of Corporation) (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest: (Secretary) Business Address: (SEAL) Revised 9 -9 -08 - -2546- •I 0 1 01 0- Phone No. Fax No. Date of Qualification to do business is: A JOINT VENTURE By (Name) Address: By (Name) Address: • (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a parry to the joint venture should be in the manner indicated above.) Revised 9 -9 -08 - 13 - -2547- PROJECT REFERENCES • Below is a listing of the five (5) most recent projects of a similar nature to this project which we have completed. CONTRACTING AGENCY DESCRIPTION OF WORK NUMBER OF ACRES MOWED AND WEEDED AGENCY REPRESENTATIVE TITLE PHONE DATE OF CONTRACT CONTRACTING AGENCY DESCRIPTION OF WORK- NUMBER OF ACRES MOWED AND WEEDED AGENCY REPRESENTATIVE TITLE PHONE DATE OF CONTRACT CONTRACTING AGENCY DESCRIPTION OF WORK • NUMBER OF ACRES MOWED AND WEEDED AGENCY REPRESENTATIVE TITLE PHONE DATE OF CONTRACT CONTRACTING AGENCY DESCRIPTION OF WORK NUMBER OF ACRES MOWED AND WEEDED AGENCY REPRESENTATIVE TITLE PHONE DATE OF CONTRACT CONTRACTING AGENCY DESCRIPTION OF WORK NUMBER OF ACRES MOWED AND WEEDED AGENCY REPRESENTATIVE TITLE PHONE DATE OF CONTRACT Revised 9 -9 -08 - I4 - -2548- � J AFFIDAVIT OF NON - COLLUSION STATE OF, COUNTY OF I hereby swear (or affirm) under the penalty of perjury: 1. That I am the Contractor (if the Contractor is an individual), a partner in the Contractor (if the Contractor is a partnership) or an officer or employee of the contractor corporation having authority to Sign on its behalf (if the contractor is a corporation); 2. That the attached quote has been arrived at by the contractor individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the course of action with any other vendor of materials, supplies, equipment or services described in the invitation to quote designed to limit individual quote or competition; 3. That the contents of the quote or quotes have not been communicated by the contractor or its employees or agents to any person not an employee or agent of the • contractor or its surety on any bond furnished with quote or quotes, and will not be communicated to any such person, prior to any official opening of the quotes. 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. • Subscribed and sworn to before me this Day of 20_. 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O J LL °m N F O g$ 8 a US 3 s w w U m a ¢ ¢ m O F W (J < A 4 F�7j' b g F10 o ��� YRR Q �, son a $ c6 �yy 99t'�9��gg��nn Tn o b � Ad ° �9111111t1a i�i{ V��x ! x a3 o Sm ° In/ a8 €app ygEygB s 1q_ } °KjTa a i ®ygR��' w nod.... ti� gg /-- ------ - - -- -- nc� g / �ma i It'iiik'I�S �m 3301- 1' ffi ! Ili 1 lb -2516- e 4 ls' 10 I• I* zo I � �:t I —2577— >a h� AO w CV mig E IIIIIIIII —2577— >a E IIIIIIIII =� X55, ,$; 5� 1 r .. 1111111 ~ °° \� 7• a } BA D0 r INN HOW —2577— >a THIS PAGE IS INTENTIONALLY LEFT BLANK -2578- • 0 O F' MEMORANDUM TO: Mayor Hanus and City Council FROM: Kandis Hanson, City Manager DATE: November 5, 2008 SUBJECT: Cost Reduction Initiatives 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472-0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com The City staff has been working very diligently at developing solutions to our budget challenges. We appreciate the support the Council has shown by giving us the flexibility to introduce new programs and challenging us to rethink the way we do business. The Department Heads have held many brainstorming sessions and many initiatives for increasing productivity and/or reducing costs are already underway. Unfortunately, not all the efforts will have an immediate impact on the budget • and/or the impact is difficult to quantify at this time. is Personnel related initiatives that have been discussed include the following: • Instituting- overtime policies regarding Police Holiday, Snow Plowing and Special Events • Planning for potential reorganization and consolidation in response to any departures due to the Early Retirement Incentive Plan, including cross - training and documenting procedures • Exploring the potential for sharing services with neighboring cities to gain expertise where needed, or to provide another funding source in areas we can provide marketable skills or services. Process related initiatives that have been or will be explored include the following: • Developing cross - functional work groups to identify opportunities to improve quality or efficiency of services and communication (exp. Safety Committee, Technology Committee, Public Works Group) • Policy and Procedure development to increase efficiency and reduce costs (Vehicle Idling Policy, Work Order Management) The Council should be reassured that these efforts will continued and the City staff will work to create priorities and measure our accomplishments. Thank you for your support in these endeavors. printed on recycled paper -2579- I. CITY OF MOUND - Bolton & Menk, Inc., ENGINEERING PROJECT STATUS r 5 • November , 2008 2007 Projects to be completed in 2008 A. 2007 Street Improvement Project: the assessment hearing was held on August 12th and comments were received from 15 residents. Follow up on concerns received has been done. A few pay items need to be resolved before final payment is requested. B. Auditors Road Utilities Reconstruction: the contractor, G.L. Contracting, has completed all work and the Met Council has approved the connection to their structure. Final contract paperwork items are needed from the contractor before final payment is requested. C. 2007 Storm Drainage Improvements: the contractor, Kusske Construction, has satisfactorily completed all items and has supplied the required contract paperwork. Final payment will be requested at the 11/10/08 Council meeting. D. 2007 Lift Station Improvements, Sinclair Road (LS B -3) and Baywood Shores (LS C -3): the contractor, Widmer Construction, is completing final items at the Sinclair station and the project will be complete this month. The • permanent street patching will need to be completed next year. E. Comprehensive Plan Update: BMI staff has worked with the City's planning consultant to prepare the Sewer, Water, Surface Water and Transportation elements for the required update of the Comp Plan. The final draft document has addressed all comments received. The Planning Commission held its second public hearing for this document on October 13, 2008 and recommended Council approval for submittal to the Met Council. The City Council received the 2008 Mound Comprehensive Plan at its October 28d' meeting and granted preliminary approval and directed staff to submit it to the Met Council for formal review. F. 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 and it was approved by the MDH on May 29, 2008. BMI has commenced work on the Phase II portion of the plan as authorized by Council following the required Public Information Meeting held on July 8, 2008. The entire plan must be completed by the deadline of March 15, 2009. G. Surface Water Management: this is an ongoing effort which includes updating the City's Surface Water Management Plan (SWMP), the annual review and is -2580- 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. The SWMP has recently been updated as part of the Comprehensive Plan update and submitted to the MCWD for final review. Comments from MCWD are currently being addressed and the final draft SWMP will be submitted to the Met Council, along with the Comp Plan for formal review, in late November. II. 2008 Projects A. 2008 Street Improvement Project: the final plans were approved on March 11th and a contract was awarded to S.M. Hentges & Sons on April 22nd in an amount of $1,969,721.00. Following the gas main and service line work by CenterPoint Energy, the street project commenced in late May. Hentges has completed all phases of the project and a list of minor items needing repair /replacement has been prepared. These items will be fully addressed next spring along with placing the final wear course on several streets where underground utility work was done. The required public Assessment Hearing is anticipated to be held next July. 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). Final plans were approved on April 22nd and a contract was awarded to Geislinger & Sons, • Inc. on May 27th in an amount of $346,530.00. A preconstruction meeting was held on July 16th. Work began on LS E -1 the week of September 8d' and is complete except for the control panel installation. Work on LS E -4 is also complete except for the control panel installation followed by landscaping. • C. Auditors Road Street Extension to CSAH 15 (Shoreline Drive): this roadway extension and streetscape project is an extension of existing Auditors Road and provides a connection between CSAH 15 and CSAH 110, as well as access to the adjacent redevelopment district. In addition, it includes innovative storm water treatment systems, including the reuse of storm water for irrigation purposes. Final plans were approved on March 11th and a contract was awarded to Ramsey Excavating Co., Inc. on April 22nd in an amount of $368,598.75. The roadway work has been completed and Auditors Road was opened to traffic on September 8d'. The light pole installation was recently completed and a list of minor repair /replacement items is being prepared for correction next spring. D. Wilshire Boulevard Watermain & Forcemain Improvements: this project includes improvements to the existing watermain system in Wilshire Blvd. as well as the installation, by the direction drilling method, of 175 feet of new 4" forcemain in Wilshire Blvd. The low bidder was Kober Excavating, Inc. out of Elk River, with a bid of $104,726.08. All items have been completed and final payment will be processed after a few pay item issues are resolved. -2581- E. 2008 Storm Drainage Improvements: three problem areas are included in the improvement plans. This includes a low area south of Tonkawood Road and east • of Basswood Lane where storm water ponds and is not draining properly, impacting an adjacent property and allowing water to stagnate. Another problem area to be addressed is on Tuxedo Blvd, northerly of the intersection of Piper Road where stormwater is not draining properly from a low point in the roadway. In addition to upgrading the stormwater collection system, a treatment pond will be excavated on adjacent City property which will serve to remove phosphorous from the stormwater before it enters the adjacent wetland. The third problem area is on Cambridge Lane at a low point where the existing storm drainage system is not properly handling the stormwater. In addition, the project will include the replacement of two catch basins on Wilshire Boulevard, just north of Bartlett Boulevard. Bids were received on October 2nd and Widmer Construction was the low bidder at $115,925. The Council awarded the contract on October 14th and construction began the week of October 20th. The schedule anticipates completion this fall but will be dependent on weather conditions. is • -2582- • Harbor Wine & Spirits October 2008 Date Weather Cust 08 Cust 07 Variance 2008 2007 Difference +l - Cash+/ - 10/1/2008 Sun Mid60s 288 241 47 6537.59 4678.8 1858.79 -0.37 10/2/2008 Sun Mid60s 305 261 44 7033.71 5682.73 1350.98 -1.36 10/3/2008 Sun Mid60s 566 275 291 12743.53 5238.32 7505.21 4.04 10/4/2008 Sun Hi 60s 579 296 283 14140.39 6439.62 7700.77 2.79 10/5/2008 0 476 -476 0 13051.1 - 13051.1 10/6/2008 Sun Hi 60s 339 606 -267 6967.66 15412.45 - 8444.79 0 10/7/2008 rain 65 263 0 263 5901.39 5901.39 0.21 10/8/2008 Sun Mid60s 266 241 25 5869.54 4092.71 1776.83 0 10/9/2008 PT SUN 66 31 230 -199 8195.32 4148.71 4046.61 0 10/10/2008 SUN 66 511 253 258 11814 6081.5 5732.5 1.41 10/11/2008 SUN 76 643 249 394 17987.39 6333.11 11654.28 1.51 10/12/2008 0 482 -482 0 13408.48 - 13408.48 10/13/2008 rain 66 273 587 -314 5755.91 14867.08 - 9111.17 8.91 10/14/2008 pt sun 64 265 0 265 4696.23 4696.23 -0.74 10/15/2008 ovrest Io60s 285 265 20 5924.62 5165.9 758.72 -0.98 10/16/2008 PT SUN 65 326 265 61 6927.98 5485.17 1442.81 7.12 10/17/2008 ovrest Io60s 485 263 222 10502.9 4777.96 5724.94 0 10/18/2008 PT SUN 60S 637 285 352 15094.55 5721.98 9372.57 3.93 10/19/2008 0 476 -476 0 10180.38 - 10180.38 10/20/2008 sun to 60s 255 580 -325 4128.87 13587.95 - 9459.08 1.1 10/21/2008 SUN 59 275 0 275 4861.88 4861.88 0.39 • 10/22/2008 PT SUN 58 10/23/2008 pt sun 58 260 292 256 222 4 70 4710.66 5315.39 4720.27 4378.14 -9.61 937.25 0.7 2.09 10/24/2008 PT SUN 62 518 270 248 11697.46 4882.35 6815.11 -0.99 10/25/2008 SUN 65 617 285 332 15774.56 5618.09 10156.47 -3.32 10/26/2008 0 494 -494 0 12062.8 - 12062.8 10/27/2008 COLD 45 270 573 -303 5184.01 13731.37 - 8547.36 0.55 10/28/2008 sun 55 256 0 256 5022.91 5022.91 -0.95 10/29/2008 sun to 60s 301 259 42 6066.65 4495.83 1570.82 -0.25 10/30/2008 SUN 65 375 267 108 7779.17 5170.5 2608.67 -6.32 10/31/2008/ sun to 60s 661 339 322 16706.05 6816.26 9889.79 1.27 Totals 10142 9296 V%846 0 233340.4 206229.6 /7110.75 20.11 -2583- dhe-t -;;* a GZ` MUNICIPALITY: MOUND 115% 110% 105% O J 100% Q z 95% Q w 90% H a p 85% z .1 75% 10/1/07 CITY STATISTICS DATE: 10/15/08 DATE OF REPORT: 10/2/08 RESIDENTIAL GROWTH CHART R MEDIAN: 98.30% MEAN: 97.80% COD: 8.9 # OF SALES: 47 % CHANGE: -3.36% STUDY PERIOD %kr / , RL'd�'0k, X Dy Y 101.70% 106.00% 0.00% 113.50% 107.80% 0.00% 20.1 11.8 0 9 7 0 -6.59% - 10.38% 0.00% -2584- 10/1/08 DB '�RZ 0.00 /0 87.80% 0.00% 87.80% 0 0 0 1 0.00% 8.20% *I 401 • � FORECLOSURES AND SHORT SALES IN THE TWIN CITIES HOUSING MARKET Q3 2008 UPDATE AS PECIAL RESEARCH REPORT FROM THEM INN EAPOLIs AREAASSOCIATION OF REALTORS® Jeff Allen MAAR Research Manager www.mplsrealtor.com Aaron Dickinson REALTOR® www.twincitiesrealestateblog.com Foreclosures and short sales (i.e., lender - mediated properties) continued to increase their market share in the Twin Cities housing market during the third quarter of 2oo8, now accounting for 28.1 percent of all active listings, 34.1 percent Of Q3 new listings and 34.5 percent of Q3 closed sales. This lender - mediated activity has significantly different effects than traditional real estate because a lender is intimately involved in the transaction — either by acting as the current owner. /seller in the case of a foreclosure or as a less- direct intermediary with approval powers in the case of a short sale. Foreclosures are properties in which the financial institution has repossessed the home from the owner due to nonpayment of mortgage obligations. Short sales are unique arrangements where the financial institution and in- default homeowner work together in an attempt to sell the home before it is foreclosed upon. This Q3 2oo8 Update features an enhanced research methodology, based upon valuable feedback received following the release of the first • editions of the report. A thorough explanation of the new methodology can be found on Page 11. -2585- Published on October 16, 2008 Downtown Minneapolis TABLE OF CONTENTS Inventory of Homes for Sale 2 Median Sales Price 3 New Listings and Closed Sales 4 Appendix A: MLS Area Breakdown 5 Appendix B: Municipality Breakdown 7 Explanation of Methodology 11 MINNEAPOLIS AREA Association -f REALTORS" www.mplsrealtor.com FORECLOSURES AND SHORT SALES IN THETWIN CITIES HOUSING MARKET 93 2003 UPDATE Inventory of Homes f ®r Sale MINNEAPOLIS AREA Association ■ v V {. +y of REALTORS Property Type Share of Inventory That Is Lender - Mediated 28.1% EFUZZIM All Properties Price Range Single - Family Detached Townhomes* Condominiums 110- 2007 10 -2008 Changel10 -2007 10 -2008 Changel0 -2007 10 -2008 Change 10 -2007 10-2008 All Properties 5,260 8,657 + 64.6% 28,782 22,197 - 22.9% 34,042 30,854 - 9.4% 15.5% 28.1% Single - Family Detached 4,207 6,584 + 56.5% 19,830 15,213 - 23.3% 24,037 21,797 - 9.3% 17.5% 30.2% Townhomes* 847 1,671 + 97.2% 5,845 4,412 24.5° 6,692 6,083 -9.1% 12.7% 27.5% Condominiums 225 402 + 78.6% 3,088 2,572 -16.7% 3,313 2,974 -10.2% 6.8% 13.5% *Includes twinhomes 775 +37.9% 6,511 4,487 -31.1% 7,073 5,262 -25.6% 7.9% 14.7% $350,001 t0 $500,00a Share of Inventory That Is Lender - Mediated 28.1% EFUZZIM All Properties Price Range Single - Family Detached Townhomes* Condominiums Share of Inventory That Is Lender- Mediated s 68.9% N 10-2007 There's a direct relationship between price range and': • [ ender- rrtediatt=d activity. Thb; 31J.01 20.61 35.2% 12.8. 2 1 3.79A 7. . 9% 14.7% 11.0% more affordable the market= segment, the more common forectiisures and shc�rf gales=' hecomei n er I 1 1 0 1 ,00 to $190,001 to $250,001 to $350,001 to $500,001 to $1,000,001 and $120,000 $150,000 $190,000 $250,000 $350,000 $500,000 $1,000,001 above © 2008 Minneapolis Area Association of REALTORS& -2586- 1 • 10 -2007 10 -2008 Change 10 -2007 10 -2008 Change 10 -2007 104008 Change 10 -2007 10 -2008 Under $120,000 832 2,270 +172.8% 871 1,024 +17.6% 1,703 3,294 +93.4% 48.9% 68.9% $120,001 t0 $150,000 739 1,631 +120.8% 1,647 1,597 -3.1% 2,386 3,228 +35.3% 31.0% 50.5% $150,001 to $190,000 1,163 1,889 +62.4% 4,485 3,479 - 22.4 % 5,648 5,368 -5.0% 20.6% 35.2% $190,001 to $250,000 1,075 1,470 +36.8% 7,326 4,743 -35.3% 8,401 6,213 -26.0% 12.8% 23.7% $250,001 to $350,000 562 775 +37.9% 6,511 4,487 -31.1% 7,073 5,262 -25.6% 7.9% 14.7% $350,001 t0 $500,00a 307 398 +29.8% 4,246 3,216 - 24.3% 4,553 3,614 - 20.6% 6.7% 11.0% $500,001 to $1,000,001 166 207. +24.3% 3,215 2,769 -13.9% 3,381 2,976 -12.0% 4.9% 7,0 %0 $1,000,001 and above 9 17 +81,3% 888 883 -0.5% 897 900 +0.3% 1.0% 1.9 %u All Prices 4,853 8,657 +78.4% 29,189 22,198 -24.0% 34,042 30,855 -9.4% 15.5% 28.1% Share of Inventory That Is Lender- Mediated s 68.9% N 10-2007 There's a direct relationship between price range and': • [ ender- rrtediatt=d activity. Thb; 31J.01 20.61 35.2% 12.8. 2 1 3.79A 7. . 9% 14.7% 11.0% more affordable the market= segment, the more common forectiisures and shc�rf gales=' hecomei n er I 1 1 0 1 ,00 to $190,001 to $250,001 to $350,001 to $500,001 to $1,000,001 and $120,000 $150,000 $190,000 $250,000 $350,000 $500,000 $1,000,001 above © 2008 Minneapolis Area Association of REALTORS& -2586- 1 • FORECLOSURES AND SHORT SALES • IN THE TWIN CITIES HOUSING MARKET Q3 2008 UPDATE Median Prices I* MINNEAPOLIS AREA Association of REALTORS" Total Lender- Mediated ................ . ....................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . .................... . ........ - ... . .......... . ............ One -Year Change in Median Price by Property Type Traditional Condominiums Traditional Townhomes Traditional Single - Family Lender - Mediated Condominiums Lender - Mediated Townhomes • Lender - Mediated Single- Family -10.3% 020 08 Minneapolis Area Association of REALTORS®. Traditional Shinily -2587- 2 Q3 03 Q3 1 -Yr Q3 Q3 03 1 -Yr Q3 Q3 03 1 -Yr 2006 2007 2008 Change 2006 2007 2008 Change 2006 2007 2008 Change All Properties $170,000 $165,000 $160,000 -9.1% $235,000 $236,900 $226,000 -4.6% $233,000 $229,900 $199,096 - 13.4% Single - Family Detached $181,950 $175,000 $157,000 -10.3% $253,000 $258,600 $245,000 -5.3% $250,000 $250,000 $214,000 -14.4% Townhomes* $150,000 $148,000 $135,000 -8.8% $190,000 $187,000 $1821000 -2.7% $189,500 $184,000 $167,000 -9.2% Condominiums $83,000 $111,250 $104,773 -5.8% $177,950 $176,300 $175,000 -0.7% $176,900 $171,900 $160,000 -6.9% "Includes twinhomes Q3 Median Sales Prices aQ3 -2006 aQ3 -2007 ■Q3 -2008 THE Sl $233,000 8229.900 $235,000 $236,900 499R_nnn Total Lender- Mediated ................ . ....................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . .................... . ........ - ... . .......... . ............ One -Year Change in Median Price by Property Type Traditional Condominiums Traditional Townhomes Traditional Single - Family Lender - Mediated Condominiums Lender - Mediated Townhomes • Lender - Mediated Single- Family -10.3% 020 08 Minneapolis Area Association of REALTORS®. Traditional Shinily -2587- 2 FORECLOSURES AND SHORT SALES IN THE TWIN CITIES HOUSING MARKET • Q3 2008 UPDATE MINNEAPOLIS AREA Association of REALTORS" New Listings and Closed Sales Q3 Q3 Q3 2 -Yr Q3 1 Q3 Q3 2 Yr Q3 Q3 Q3 2 -Yr Q3 Q3 Q3 2006 2007 2008 Change 2006 2007 2008 Change 2006 2007 2008 Change 200.6 2007 2008 New Listings 1,271 3,715 8,125 +539.3% 27,255 22,952 1.5,686 -42.4% 28,526 26,667 23,811 -16.5% 4.6%—'-13.9% 34.1% Closed Sales 417 1,023 4,110 +885.6% 13,022 10,394 7,792 - 40.2% 13,439 11,417 11,902 -11.4% 3.1% 9.0% 34.5% Share of Market Activity That Is Lender- Mediated • New Listings • Closed Sales 34.1% 34.5% Q3 Q3 Q3 .2006 2007 2008 New Listings 35,000 30,000 "'■"Traditional 25,o0o 40—Lender- Mediated' �— - - -- i - 10,000 5,000 Q1 -2005 Q2 -2005 Q3 -2005 04 -2005 Q1 -2006 02 -2006 Q3 -2006 Q4 -2006 Q1_2007 Q2 -2007 Q3 -2007 04 -2007 Q1 -2008 Q2 -2008 Q3 -2008 Closed Sales 20.000 .._ .... _ ._ ...- .. -. 'ditional 15,o00 ender - Mediated 10,000 5,000 - Qt -2005 Q2 -2005 Q3 -2005 Q4 -2005 01 -2006 Q2 -2006 03 -2006 Q4 -2006 Q1 -2007 Q2 -2007 Q3 -2007 Q4 -2007 01 -2008 Q2 -2008 Q3 -2008' © 2008 Minneapolis Area Association of REALTORS& —2588— STM T s Market "share for lender- mediated foreclosures and short sales continues ttr grow: and will into the forseeagle future. The reassuring news is that these homes are being bought with the same frequency thatthey're =- listed" Skin* 3 • FORECLOSURES AND SHORT SALES IN THE TWIN CITIES HOUSING MARKET Q3 2008 UPDATE • MINNEAPOLIS AREA Association of REALTORS' -2589- FORECLOSURES AND SHORT SALES IN THE TWIN CITIES HOUSING MARKET Q3 2008 UPDATE Appendix A: MLS Area Breakdown 630 - Northfield 632 - Rice County 640 - Shakopee E'n 645Jo�darit 8- e rague / New Market /Elko 650 - Belle Plaine 658 - Le Sueur County I S6 lit pi 7051 C�noLakugoiGentervllf k 1706 - North Central Surburban j 707 - Ham Lake f 1708 White Bear Area a 7fip 1t�outheasb.�AnokakCounty e p �,�� [ 711 ��oufhem Ctii ago County � 7�� tot t 1712 - Maplewood /North St. Paul 1713 - Bethel 1714 SP Phalen 72pPoiaeastS Paul `721 LaketandlAfton %Denmark g..1� X722 - Newport/St. Paul Park/Cott i 725 - Pine Springs /Lake Elmo /Oak I 72R - Wnnrlhi Iry i '740 - SP- Crocus Hill 1741 - SP- Downtown Stp /Capital Hg 742 - SP- Central 17461 S��SIrlthony /Ml�way ��� 748 SP 7gwn damp: Country/M,ei 1750 -SP- Mac /Groveland /River Roa 1 752 - SP- Highland Area 754 Big Lake Township X75�Elk MR-M r 758: Sl�arlh# stem Ar oka County , 760f kRamse`y . , 762 - Andover 764 - Blaine 1765 Arden Hills /Shoreview 66`- MdQodsVw' New Bnghf '01S An`, 1767; iCoon Rapids ?769 - Anoka 1770 - Hilltop /Columbia Heights 1771 - SDrina Lake Park 309 364 414 , 349 110 228 2' b 219 153 432 7'" t% tr 51l)r' 374 136 331 6 340 247 630 5z �EL r 53t 175 137 255 �,, 9,11 IN�J 49 -M 103 129 272 232` 281 551 225 1 �6: 128 182 37 �2 501 127 23 7.4% 59 16.2% 147 35.5% WmQT 95 27.2% 28 25.5% 38 16.7% 4Y f0 °o: 30 13.8% 52 34.0% 86 19.9% pwSCZ�P -is"'St T 128 34.2% 52 38.2% 199 601% 4 147 43.2 % 70 28.3% 151 24.0% 31 17.7% 11 8.0% 161 63.1% 3 X25°° X951 a�294 I ti0 20'4 6 5.8% 24 18.6% 121 44.5% BDi x M N51 4 J 5°lo' 98„ 39 0° /0 K 85 30.2% 175 31.8% 42 18.7% Bl 74 39 55 43.0% 83 45.6% 22 59.5% 26/ X41 9 °0 369 %g 157 ' a 40 8 °rt 57 44.9% -2590- MINNEAPOLIS AREA As- ciation °J REALTORS' 176 27 15.3% 1 252 60 23.8% 426 152 35.7% 1 0 276 104 37.7% [ 78 33 42.3% 105 21 20.0% o� S� �Ili i1 V 181 33 18.2% 93 41 44.1% i 349 73 20.9% aG , ..... ... 373. 123 33.0% 95 49 51.6% 273 143 52.4% :S r 449 167 37.2% A g 243 87 35.8% 755 166 22.0% §i 8 � ��a ''' �� '" p e.v �,`1 `'Sh py�4, >�u•5.8 1 136 33 24.3% 113 20 17.7% t 264 179 67.8% �4a 4�6 °1tl X83 sr 17 � e 20x5 °!o 182 195 22 11.3% 243 127 52.3% 9 p {ry d 2 `262 267 110 41.2% 577 175 30.3% 264 45 17.0% "•r� Sf { b ''[�yC �f l ...,_..._ . _ _..:46 117 39.3% '. 212 97 45.8% 1 58 24 414% • 284' � 94 39 41.5% I FORECLOSURES AND SHORT SALES IN THETWIN CITIES HOUSING MARKET Q3 2008 UPDATE • MINNEAPOLIS AREA Association of REALTORS' -2591- FORECLOSURES AND SHORT SALES IN THE TWIN CITIES HOUSING MARKET Q3 2008 UPDATE x MINNEAPOLIS AREA Association • a, REALTORS' -2592- • �J FORECLOSURES AND SHORT SALES IN THETWIN CITIES HOUSING MARKET 93 2008 UPDATE MINNEAPOLIS AREA Association -f REALTORS' IRMO FORECLOSURES AND SHORT SALES IN THETW CITIES HOUSING MARKET U 93 2008 UPDATE MINNEAPOLIS AREA Association of REALTORS' -2594- • • POSTSCRIPT: • A FINAL NOTE ON METHODOLOGY As with previous reports, the Q3 2oo8 Update relies in part upon the analysis of subjective remarks that REALTORSOemploy when listing properties, since there is not yet a completely thorough database marker in the MLS system that flags lender- mediated properties. This edition does employ some important changes to the methodology, however. • • First, we take into account a new data field in the Twin Cities Regional Multiple Listing Service called "In Foreclosure /Bank- Owned," which allows users.to mark properties that fit within this legal definition appropriately. Second, we include some additional search terms that REALTORS® employ to describe these properties which were not included in the first editions. Finally, we ignore specific phrases that were counted inappropriately before, such as "not a foreclosure" and "not a short sale," amongst others. The net result of these changes appears to be a modest increase in the number of confirmed lender - mediated properties in the system, which did not surprise us. We were relatively confident that our past approach, while mostly effective, was slightly undercounting the phenomenon. A full description of the new method is below. A property is lender- mediated when either of the following rules are met: • In Foreclosure /Bank -Owned = "Yes" • One of the following terms are found in Agent Remarks, Public Remarks or Financial Remarks: • bank owned • short sale • bank approv • lender approv • 3rd party approv • foreclosure • preforeclosure • forclosure • preforclosure • subject to bank • subject to 3rd • subject to lender • redemption • shortsale • reo • hud acquire • subject to Corp • corporate owned • Corp owned • Corp. owned • bank - owned • short -sale • 3rd -party approval • third -party approval • subject to third • hud- acquire • hud - acquired • corporate -owned • Corp - owned -' • Corp owner • subj to Corp Note: properties containing these speck phrases in the some remark fields are NOT counted as lender - mediated. • not a foreclosure • not a short sale • not a short -sale • not a forclosure • not a shortsale © 2008 Minneapolis Area Association of REALTORS- -2595- 11 PARKS, OPEN SPACE AND DOCKS COMMISSION Thursday, October 9, 2008 Present: Others Present: Absent: Vice Chair Jim Funk, Commissioners Don Heywood, Sue Pilling, Mike Wilkus Jim Fackler, Park Superintendent, Dock Administration, Katie Hoff, Administrative Assistant, Vicki Weber Mike Mason, Pat Meisel, John Beise Vice Chair Funk called meeting to order at 7 :32 p.m. 1. Approval of Agenda Pilling requested addition of 9a, Sal0ft Cameras at Skate Park. AM MOTION by Wilkus to ap e e 3OND with addition of 9a, Security Cameras at Skat . S by Heywood. Motion carried una sl 2. Approval ofQftmf§jP9W008 Minutes flW19pprove minutes as written. SECOND by N carried unanimously. 3. Con%pnjahnd suggestions from citizens present None 4. Discuss: Villa Docks Fackler stated staff has come to an agreement with the developer of Villas at Lost Lake to lease up to 13 of the Villa Docks on a one -year basis. Fees will include slip fee, escrow fee and key deposit. Villa Dock applications will go out to current wait -list applicants first, and if any slips remain open, new wait -list applicants will have an opportunity to apply for a Villa Dock for one year, and then application process will open up to any Mound resident. Discussion followed. This item will be on the November 10, 2008 City Council Agenda. MOTION by Heywood to accept staff proposal for leasing out the Villa Docks. SECOND by Wilkus. Motion carried unanimously. -2596- • • is Fackler summarized information included in the packet. The • MCWD will present final proposal at the October 28, 2008 City Council Meeting. 6. Proposed Dock Slip Ordinance Changes: Fackler summarized the proposed changes to the Dock Slip Ordinances as requested by the Commission that relate to storage on commons, insurance and vegetation removal. Discussion followed on vegetation removal. Commission recommended changes Subd. 4 to change the sentence "Maintenance may include, but not limited to, grass cutting and week trimming." to "Maintenance shall include, but not limited to, grass cutting and weed removal." • Fa N ize�the capital outlay and expenditures for the cu ^tY 9a. Security Cameras at Skate Park Fackler stated staff will look into security cameras for the Skate Park. Staff will report findings to the POSDC at the November 13, 2008 meeting. 10. Review: Calendar Update to the proposed dock/slip ordinance change will be added to November calendar. 2 -2597- MOTION by Heywood to approve calendar changes. SECOND by Wilkus. Motion carried unanimously. • 11. Reports: Superintendent Fackler stated the Parks Department have removed the swim buoys and are removing picnic tables and garbage cans from the parks. Five donated trees were planted at Alwin Parts. Proposed upgrade to tennis courts has been removed from the 2009 budget, along with two seasonal park maintenance positions. MOTION by Heywood to adjourn. SECOND by Pilling. Meeting adjourned at 8:33 p.m. • M -2598- MINUTES MOUND ADVISORY PLANNING COMMISSION OCTOBER 13, 2008 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:05 p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Ory Burma, Suzanne Claywell, Becky Glister, Michael Paulsen, Jackie Peters, Eva Stevens, Stephen Ward and Greg Skinner (7:10). Absent: none; Staff present: Community Development Director Sarah Smith, Planning Consultant Rita Trapp, and Recording Secretary Jill Norlander. The following individuals were present: Cheryl Martin (P.O. Box 514, Mound); Tom Parker (1558 Dove Lane)` APPROVAL OF SEPTEMBER 15 2008 ETING MINUTES MOTION by Burma, seconded by Pauls approve the minutes of the September 15, 2008 Planning Commission m OTION carried unanimously. (Glister, • Claywell, Stevens and Michael ab " d.) MOTION by Stevens, seconded by Glister, to approve the agenda as proposed. MOTION carried unanimously. BOARD OF APPEALS PUBLIC HEARING — 2030 Mound Comprehensive Plan Rita Trapp summarized the Comp Plan process and major points of change. Chair Michael opened the public hearing at 7:31 p.m. Cheryl Martin (5410 Three Points Blvd) — She expressed interest in the idea of water capturing and other conservation ideas. Trapp and Smith commented jointly that it is anticipated the Comprehensive Plan will be concurrently submitted with the Surface Water Management Plan (SWMP), which is a component of the plan. Staff has been working on completing the SWMP update that is due in 2009 so it can be submitted at the same time. The SWMP must be approved by the Minnehaha Creek Watershed District (MCWD) who has raised issue in its • -2599- Planning Commission Minutes October 13, 2008 comments that it uses a 931.5 floodplain elevation. Current approved SWMP for Mound allows use of a 931 elevation, which is consistent with City Code and the FEMA map that was last updated in 2005. The City will be requesting continued use of the 931 elevation. The current SWMP (approved in 2002) is valid until July 2009. It is anticipated that the City will need to make a request to MCWD Board. Chair Michael closed the public hearing at 7:39 p.m. MOTION by Glister, seconded by Ciaywell, to accept the Comp Plan with the changes and conclusions as presented. MOTION carried unanimously. MOTION by Chair Michael asked for a reconsideration of a motion. Seconded by Burma — permission was granted by Stevens and Glister — MOTION carried unanimously. MOTION by Chair Michael to add an item to the agenda, seconded by Glister. MOTION carried unanimously. CASE #08 -14 VARIANCE -1558 DOVE Trapp introduced the variance request. half of the required 80 feet. House is cu Tom Parker (1558 Dove Lane) — addressed water runoff with gutty APPLICANT: TOM PARKER is not a standard configuration. Depth is nonconforming. to be sensitive to the neighbors and has is being demolished. MOTION by Burma, seconded by Stevens, to recommend Council approve the variance with the conditions from staff. MOTION carried unanimously. OLD / NEW BUSINESS 1. 2008 PC term expirations (Burma/Peters /Glister) Staff / Council update — Sarah Smith and Greg Skinner • Veteran's Memorial dedication day is November 8th • PC member orientation for new members forthcoming • City now owns the Johnson property in September; House of Moy closing the 19th • Watershed and City doing a demonstration project on an alternative to riprap • Woodland Ridge (Westedge & Lynwood) requested time extension for final plat • Extension for the grant for wellhouse relocation is on track for approval • Application from Village by the Bay and the cell tower for additional equipment • Cellular equipment placement on Donald Drive has been requested • Evaluating proposal from Little League /Shirley Hills school ball field remodeling • Amend zoning controls for additional dwelling units — CC has put this on hold • Special speaker request? Option for future meeting — PBK has volunteered to come and do a development update -2600- • • is Planning Commission Minutes October 13, 2008 • 2. Chair Michael publicly thanked Ory Burma for chairing the last two meetings. Smith introduced the idea of changing the official meeting date. ADJOURNMENT MOTION by Burma to adjourn seconded and carried by affirmation at 8:22 p.m. Attest, Planning Secretary • • Chair Geoff Michael -2601- Page 1 of 1 Kandis Hanson From: "Swanson, Michelle M" < michelle .m.swanson @xcelenergy.com> • To: <undisclosed- recipients:> Sent: Monday, November 03, 2008 1:34 PM Subject: Xcel Energy - electric rates In advance of our press release for later today, I wanted to let you know that Xcel Energy is filing an application with the Minnesota Public Utilities Commission (MPUC) for an overall electric rate increase of $156 million (6.05 percent). If approved as filed, Minnesota business customers would see an average increase of about 5 percent, but that amount varies depending on customer class and rate schedule. While the case is being reviewed by the MPUC, we have requested that interim rates be put into place beginning Jan. 2, 2009. A customer's overall bill, with interim rates included, is expected to increase approximately 6 percent in 2009. Since 2006, we have invested more than $1.2 billion in our electric system to maintain reliability and meet an increase in demand from new and existing customers. And like many businesses, we face increased costs. Materials such as transformers, wires, steel and cables have risen dramatically in the past three years. We are also investing in our nuclear plants — our lowest cost and most efficient energy source — to keep them safe and reliable. We don't ask for this increase lightly and understand it has an impact on your business. We're working hard to take costs out of our business and would not ask for this increase if it were not needed to maintain safe • and reliable service. Energy conservation is still the best way to help manage your bills and I encourage you to contact me to learn more about our programs for your business. We also have materials available at xcelenergX.com that may help answer your questions. Let me know if you have any questions. Michelle Swanson Manager, Community and Local Government Relations Xcel Energy 5309 West 70th Street Edina, MN 55439 Phone: 952 - 829 - 4504 Fax: 612 - 573 - 1724 mailto michelle.m, swa son @xcelenergy com -2602 - 11/3/2008 • Vj Metropolitan Council • October 22, 2008 TO: Local Officials FROM: Guy Peterson, Director, Community Development The 2008 housing performance score for your community is enclosed. It is being sent to both the community's administrative officer and the person that completed the survey. The scores were determined based on several factors set forth in the Council's Guidelines for Priority Funding for Housing Performance. Seventy percent of the score came from the survey you completed about housing activity in your community during the past two years. It included information about: • local fiscal, regulatory, and housing rehabilitation initiatives to facilitate workforce housing development and preservation • the density of residential development • the approval of affordable or life -cycle housing that has not yet been developed The other 30 percent of the score was determined from the following data about your community's housing: • the affordability of owned housing units (a combination of local government information about the number of mobile homes, and homestead tax valuation data from the Minnesota Department of Revenue) • the diversification of housing (based on local housing permit data Council research staff gathers annually from • local governments) • the number of affordable rental units (from data provided by the Department of Housing and Urban Development, the Minnesota Housing and local and county HRAs) • the availability of housing in your community for persons with special needs (based on information provided by the Minnesota Departments of Education, Corrections and Human Services) The performance scores are intended to reflect both the amount of affordable and life -cycle housing in the community and the community's efforts to facilitate affordable and life -cycle housing development and preservation. Scores range widely, reflecting the variety of metropolitan area communities. The sparse population and scattered housing locations of rural, unsewered communities tend to result in lower scores, while the affordability and diversification of existing housing stock in urban, sewered communities, combined with efforts to add and/or preserve such housing, yield higher scores. As indicated in the Council's grant request solicitation materials, the housing performance scores will be one of the factors considered in the evaluation and ranking of applications for competitive funding programs this fall as follows: • For the Tax Base Revitalization and Livable Communities Demonstration Accounts, the scores represent a little less than ten percent of the total possible evaluation score. • For the Local Housing Incentives Account, when the housing score factor is considered, applications for funding from communities with lower housing performance scores are generally given priority over proposals from communities with higher scores in order to encourage and support local efforts by these communities to facilitate affordable housing. • If you have any questions or want to discuss your community's score, please call me at 651 -602 -1418. Thank you. Enclosure www.metrocouncil.org N tr De U iiC`omm r f 15P1 "TERSo ?NR200R'iinu:ini°erfbrmai 102 '108 ocal Ofel rind {loutiin Perfi�nn nceScnres.doc 390 Robert Street North • St. Paul, MN 55101-1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 AnEgL_2GO3_ Employer Final Housing Performance Score — 2008 Name of City/Township 0ukd Criteria —100 points possible 1. 2. 2 3. �J _ 4. 5. 3 6. 7. jS 8. l 9. a. b. 10. Total Final Score Z Final Score 2007 N:\ CommDev\ LivComm \LCA\PETERSON\2008\Housing PerformanceTinal Housing Performance Score1008.doc -2604- 0 • •