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2009-02-24
PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. • AGENDA r, , C MOUND CITY COUNCIL TUESDAY, FEBRURY 24, 2009 - 7:30 PM REGULAR MEETING MOUND CITY COUNCIL CHAMBERS *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 Agenda *A. Approve payment of claims 333 -356 *B. Approve Resolution Accepting Bid for Phase 1 of the Pump House 357 -359 Relocation Project • *C. Approve stair replacement Dreamwood Commons, Gull Lane 360 -362 *D. Dakota Rail Regional Trail snowmobile crossing 363 -375 *E. Approve Resolution Approving Second Supplement to 376 -382 Memorandum of Understanding (MHRD) *F. Approve Resolution Supporting Submittal of Transit Oriented 383 -390 Development Loan/Grant Application to Hennepin County *G. Approve Resolution Approving Specific Sign Program for 391 -414 Sir Knight Cleaners located in the Villa commercial building *H. Approve Safety Program /Policies for City of Mound 415 -417 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minute per speaker) 6. Consideration/Approval of extension to agreement for professional 418 -432 services for engineering with Bolton & Menk, Inc. �. Presentation and discussion with John Lloyd regarding Tree City Program 433 -439 and possible City participation r 1 LJ PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 8. Request for special City Council meeting re: annual joint PC /CC meeting 440 including discussion of 2009 projects list and annual work plan 9. Approve minutes of February 10, 2009 regular meeting 441 -442 10. Miscellaneous /Correspondence A. Comments /reports from Council Members B. Correspondence: Letter to MCWD of 2/10/09 from Bolton 443 -445 & Menk regarding proposed Rule N revision Hendricks vs. Mound decision received via email 446 -459 from LMC on 2/13/09 Letter from Mn Dept of Commerce of 2/10/09 460 regarding Petrofund Board's denial of reimbursement request (Transit District parking deck soils remediation) 11. Adjourn is &his 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.cityolmound.com. o FEBRUARY 24, 2009 CITY COUNCIL MEETING TOTAL $257,452.03 -333- 123108SUE10 $1,815.89 DEC 021109SUE $3,431.44 FEB 021809SUE $227769.68 FEB 022409SUE $2297435.02 FEB TOTAL $257,452.03 -333- / / , ALL, CITY OF MOUND Batch Name 123108SUE10 Payments City of Mound Payments Current Period: December 2008 ...ti�.,� M� User Dollar Amt $1,815.89 Computer Dollar Amt $1,815.89 $0.00 In Balance Refer 123108 HENNEPIN COUNTY ELECTIONS AP Payment E 101 - 41410 -400 Repairs & Maintenance AUTOMARK PROGRAMMING Invoice 123108 12/31/2008 02/18/09 2:41 PM Page 1 $125.00 Transaction Date 12/31/2008 Due 12/31/2008 Accounts Payable 20200 Total $125.00 Refer 123108 LOBE TECH, INCORPORATED AP Payment E 101 -43100 -221 Equipment Parts PLASTIC DRUM $13.33 Invoice 1492073 -D 12/31/2008 PO 20617 AP Payment E 601 -49400 -221 Equipment Parts PLASTIC DRUM $13.33 Invoice 1492073 -E 12/31/2008 PO 20617 AP Payment E 602 - 49450 -221 Equipment Parts PLASTIC DRUM $13.34 Invoice 1492073 -F 12/31/2008 PO 20617 Transaction Date 12/31/2008 Due 12/3112008 Accounts Payable 20200 Total $40.00 Refer 123108 SPRINT WIRELESS AP Payment E 101 -42110 -321 Telephone & Cells 12 -19 -08 THRU 01 -18 -09 CELL PHONES $633.12 Invoice 924573317 -086 12131/2008 Transaction Date 12/31/2008 Due 12/31/2008 Accounts Payable 20200 Total $633.12 Refer 123108 STS CONSULTANTS _ AP Payment E 475 -46386 -300 Professional Srvs THRU 12 -31 -08 AUDITORS ROAD DISTRICT $742.66 Invoice N40183 12/31/2008 Transaction Date 12/31/2008 Due 12/31/2008 Accounts Payable 20200 Total $742.66 Refer 123108 SUBURBAN TIRE WHOLESALE, IN AP Payment E 101 - 45200 -409 Other Equipment Repair TIRES $273.07 Invoice 10080098 12/31/2008 Transaction Date 12/31/2008 Due 12/31/2008 Accounts Payable 20200 Total $273.07 Refer 123108 THRIFTY WHITE DRUG STORE AP Payment E 222 - 42260 -430 Miscellaneous 11 -25 -08 GREETING CARD $2.04 Invoice 959241 12/31/2008 Transaction Date 12/31/2008 Due 12/31/2008 Accounts Payable 20200 Total $2.04 -334- �1 • CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 475 TIF 1 -3 Mound Harbor Renaissan 601 WATER FUND 602 SEWER FUND City of Mound Payments Current Period: December 2008 20200 Accounts Payable $1,044.52 $2.04 $742.66 $13.33 $13.34 $1,815.89 Pre - Written Check $0.00 Checks to be Generated by the Compute $1,815.89 Total $1,815.89 r �JJ lu • -335- 02/18109 2:41 PM Page 2 AL Z� CITY OF MOUND Batch Name 021109SUE Payments City of Mound Payments Current Period: February 2009 User Dollar Amt $3,431.44 Computer Dollar Amt $3,431.44 $0.00 In Balance 02/11/09 1:51 PM Page 1 Refer 21109 HOLIDAY INN Cash Payment E 101 - 42110 -434 Conference & Training 01 -20 -09 JUVENILES CONFERENCE, NICCUM $233.94 Invoice 021109 2/11/2009 PO 21253 Transaction Date 2/6/2009 Wells Fargo 10100 Total $233.94 Refer 21109 KURTZ, JAMES Cash Payment E 101 - 42110 -434 Conference & Training 01 -24 -09 VIRGINIA TRAINING $105.00 Invoice 021109 2/11/2009 Cash Payment G 101 -22804 Police RV- Command Centr HENNEPIN CTY INSPECTOR CERTIFICATE $75.00 Invoice 021109 2/11/2009 Transaction Date 2/10/2009 Wells Fargo 10100 Total $180.00 Refer 21109 LINDA'S PHOTOGRAPHY Cash Payment E 101 - 41110 -430 Miscellaneous COUNCIL PORTRAIT $160.96 Invoice 23133 2/11/2009 Cash Payment E 101 - 41110 -430 Miscellaneous COUNCIL PORTRAIT $160.96 Invoice 41028 2/11/2009 Transaction Date 2/6/2009 Wells Fargo 10100 Total $321.92 Refer 21109 MOORE, CARLTON Cash Payment E 101 -43100 -212 Motor Fuels 02 -06 -09 PETRO FUND BOARD MEETING $14.64 Invoice 021109 2/1112009 Cash Payment E 601 - 49400 -212 Motor Fuels 02 -06 -09 PETRO FUND BOARD MEETING $5.41 Invoice 021109 2/11/2009 Cash Payment E 60249450 -212 Motor Fuels 02 -06 -09 PETRO FUND BOARD MEETING $5.41 Invoice 021109 2/11/2009 Cash Payment E 675 -49425 -210 Operating Supplies 02 -06 -09 PETRO FUND BOARD MEETING $6.36 Invoice 021109 2/11/2009 Transaction Date 2/9/2009 Wells Fargo 10100 Total $31.82 Refer 21109 SCHOENHERR, BRADLEY T. Cash Payment E 10142110 -433 Dues and Subscriptions 2009 USPCA MEMBERSHIP DUES $40.00 Invoice 021109 2/11/2009 Transaction Date 2/10/2009 Wells Fargo 10100 Total $40.00 Refer 21109 SPENCER, RYAN Cash Payment E 10142110 -433 Dues and Subscriptions 2009 USPCA MEMBERSHIP DUES $40.00 Invoice 021109 2/11/2009 Transaction Date 2/10/2009 Wells Fargo 10100 Total $40.00 Refer 21109 SPRINT WIRELESS (FIRE) Cash Payment E 222 - 42260 -321 Telephone & Cells 12 -21 -08 THRU 01 -20 -09 CELL PHONES $54.82 Invoice 617320297 -004 2/11/2009 Transaction Date 2/6/2009 Wells Fargo 10100 Total $54.82 Refer ._ 21109 �WAYZATA, CITY OF Cash Payment E 101 -43100 -438 Licenses and Taxes #2217 FORD TAURUS TABS $18.98 Invoice 021109 2/11/2009 Cash Payment E 601- 49400 -438 Licenses and Taxes #2217 FORD TAURUS TABS $7.01 Invoice 021109 2/11/2009 -336- • CITY OF MOUND City of Mound Payments 02/11/09 1:51 PM Page 2 Current Period: February 2009 or z Cash Payment E 602- 49450 -438 Licenses and Taxes #2217 FORD TAURUS TABS $7.01 Invoice 021109 2/11/2009 285 MOUND HRA $2,487.69 Cash Payment E 675 -49425 -210 Operating Supplies #2217 FORD TAURUS TABS $8.25 Invoice 021109 2/11/2009 675 STORM WATER UTILITY FUND $14.61 Transaction Date 2/9/2009 Wells Fargo 10100 Total $41.25 Refer 21109 XCEL ENERGY Cash Payment E 285 -46388 -381 Electric Utilities 01 -09 #51- 8617257 -4 $2,487.69 Invoice 2579657147 2/11/2009 Transaction Date 2/6/2009 Wells Fargo 10100 Total $2,487.69 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $849.48 222 AREA FIRE SERVICES $54.82 285 MOUND HRA $2,487.69 601 WATER FUND $12.42 602 SEWER FUND $12.42 675 STORM WATER UTILITY FUND $14.61 $3,431.44 Pre - Written Check $0.00 Checks to be Generated by the Compute $3,431.44 Total $3,431.44 -337- City of Mound 02/18/09 12:35 PM I, Payments Page 1 0 CITY OF MOUND Current Period: February 2009 . =n' � -K mw +ac �.a;, � xr ee r a.. .y �r v m �- a::�•u,,?�cr ate. .'�:�° Batch Name 021809SUE User Dollar Amt $22,769.68 Payments Computer Dollar Amt $22,769.68 $0.00 in Balance Refer 21809 CORCORAN, CITY OF Cash Payment G 101 -20800 Due to Other Governments 12 -08 SAFE AND SOBER $1,533.52 Invoice 021809 2/18/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $1,533.52 Refer 21809 FRONTIEWCITIZENS COMMUNICA Cash Payment E 101 -41910 -321 Telephone & Cells 02 -09 TELEPHONE SERVICE $1,192.43 Invoice 021809 2/18/2009 Cash Payment E 101 - 42110 -321 Telephone & Cells 02 -09 TELEPHONE SERVICE $535.59 Invoice 021809 2/18/2009 Cash Payment E 222 - 42260 -321 Telephone & Cells 02 -09 TELEPHONE SERVICE $293.06 Invoice 021809 2/1812009 Cash Payment E 101 - 43100 -321 Telephone & Cells 02 -09 TELEPHONE SERVICE $558.93 Invoice 021809 2/18/2009 Cash Payment E 601 -49400 -321 Telephone & Cells 02 -09 TELEPHONE SERVICE $558.93 Invoice 021809 2/18/2009 Cash Payment E 602 - 49450 -321 Telephone & Cells 02 -09 TELEPHONE SERVICE $558.92 Invoice 021809 2/18/2009 Cash Payment E 101 -45200 -321 Telephone & Cells 02 -09 TELEPHONE SERVICE $90.83 Invoice 021809 2/18/2009 Cash Payment E 609 -49750 -321 Telephone & Cells 02 -09 TELEPHONE SERVICE $736.78 Invoice 021809 2/18/2009 Transaction Date 216/2009 Wells Fargo 10100 Total $4,525.47 Refer 21809 KURTZ, JAMES _ Cash Payment E 101 -42110 -431 Meeting Expense 02 -05 -09 HENNEPIN CHIEFS MTG $13.00 Invoice 021809 2/18/2009 Transaction Date 2/17/2009 Wells Fargo 10100 Total $13.00 ReferG 21809wMEDINA, CITY OF _ Cash Payment G 101 -20800 Due to Other Governments 12 -09 SAFE AND SOBER $1,582.50 Invoice 021809 2/18/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $1,582.50 Refer 21809 MINNETRISTA, CITY OF Cash Payment G 101 -20800 Due to Other Governments 12 -08 SAFE AND SOBER $715.20 Invoice 021809 2/18/2009 Cash Payment G 101 -20800 Due to Other Governments 12 -08 SUPPLEMENTAL DWI $300.07 Invoice 021809 2118/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $1,015.27 Refer 21809 MOUND POST OFFICE Cash Payment E 601 - 49400 -322 Postage 02 -09 UTILITY BILLINGS Invoice 021809 2/18/2009 Cash Payment E 602 -49450 -322 Postage 02 -09 UTILITY BILLINGS Invoice 021809 2/18/2009 $150.71 $150.70 Transaction Date 2/18/2009 Wells Fargo 10100 Total $301.41 Refer 21809 ORONO, CITY OF -338- CITY OF MOUND City of Mound Payments Current Period: February 200$ 02118/09 12.35 PM Page 2 Cash Payment Q1O1-208OO Due to Other Governments 12-08 SAFE AND SOBER Invoice 021809 *2,80815 Invoice 021809 2U8/2009 2/18/2009 Refer 21009 TRUEVALUEMOUND _ CeuhPaymem G1O1-20DOO Due m Other Governments 12-08 SUPPLEMENTAL DWI Invoice 021809 $311.02 Invoice 021809 2/1e/2009 suuu'4uuso-c10 Operating Supplies Invoice 011009 2/18/2009 Transaction Date 2/13/2008 Wells Fargo 10100 Total $8.120.17 Refer 21809 ROGERS, CITY OF _ Cash Payment G1O1-20800 Due to Other Governments 12-08 SAFE AND SOBER $2.326.32 Invoice 021809 2/18/2009 Cash Payment G1O1-208VV Due »o Other Governments 12'O0 SUPPLEMENTAL DWI $310.07 Invoice 021809 2/18/2009 Transaction oom 2/13/2009 Wells Fargo 10100 Total $2.636.39 Refer 21809 SMITH,_ Cash Payment E1o142400'oos Medical Services oc'1uu8 EYE GLASS REIMBURSEMENT $50.00 Invoice 021809-C 2Y18/2009 Transaction Date 2118/2009 Wells Fargo 10100 Total $50.00 Refer 21809 SPEEDWAY CA _ Cash Payment s1o1-*suoo'u1u Motor Fuels T*nuuu'zs'ow GASOLINE CHARGES $eaJe Invoice 021809 2118/2009 Cash Payment s1o1'4o1oo'u1u Motor Fuels THnuuc'us'oo GASOLINE CHARGES $2.341.09 Invoice 021809 2v18x2009 Cash Payment Eoo1'4o400'21u Motor Fuels THnun2-2a'oo GASOLINE CHARGES $1.153.e4 Invoice 021809 2/18v2009 Cash Payment ssou-4o400-o10 Motor Fuels THnVoo'us'o9 GASOLINE CHARGES $5e3.31 Invoice 021809 2/18/2009 Transaction Date 2v13/200e Wells Fargo 10100 Total $4,187.10 Refer 21809 SPRINT WIRELESS _ Cash Payment E1u1'4c11o'au1 Telephone &Cells 1o'15-ouTnnuo1'14'oo CELL PHONES *22373 Invoice 772348811-014 2/18/2009 Transaction Date 2/17/200e Wells Fargo 10100 Total $223.73 Refer 21809 T-MOeILE CELL PHONE _ Cash Payment Eco1'4su1o'au1 Telephone aCells o1'on'ooTHnuou'ou'uo CELL PHONE $45.e2 Invoice 3840612993'1 2/24/2008 oosxpavment a1o1'ouo1s Personal Cell Phone o1-oa'uoTHnuoo'nz'oy*opr.KATIE m21.30 Invoice 3940612993-1 2/24/2009 Transaction Date 2/17/2009 Wells Fargo 10100 Total $67.12 Refer 21809 TRAINING OF OFFICERS, ASSOC] Cash Payment - s1m-4211V-434 Conference &Training Invoice 021809 2n8/2009 PO 21324 Transaction Date 2/18/2009 Refer 21009 TRUEVALUEMOUND _ Cash Payment G 1U1'228O5 Police Forfeiture Program Invoice 021809 2/18/2009 Cash Payment suuu'4uuso-c10 Operating Supplies Invoice 011009 2/18/2009 Transaction Date 2/17/2009 Refer 21809 WA YZA TA, CITY OF V2-23-oarTo TRAINING, HOOPEn Wells Fargo 10100 Total $425.00 O1-09 BOOKING ROOM $e898 SCREWS, NUTS, BOLTS $3024 Wells Fargo 10100 Total *130.22 —339— City of Mound 02/18/09 12:35 PM Payments Page 3 CITY OF MOUND Current Period: February 2009 Cash Payment E 101 - 43100 -438 Licenses and Taxes #304 SWEEPER PLATES $40.00 Invoice 021809 2/18/2009 PO 21428 Cash Payment E 101 - 42110 -438 Licenses and Taxes RENEWAL TABS FOR UVJ685 $11.25 Invoice 021809 2/18/2009 PO 21272 Cash Payment E 101 - 42110 -438 Licenses and Taxes RENEWAL TABS FOR UYK150 $11.25 Invoice 021809 2/18/2009 PO 21272 Cash Payment E 101 -42110 -438 Licenses and Taxes RENEWAL TABS FOR NRX080 $11.25 Invoice 021809 2/18/2009 PO 21272 Transaction Date 2/17/2009 Wells Fargo 10100 Total $73.75 Refer 21809 WEST HENNEPIN PUBLIC SAFETY Cash Payment G 101 -20800 Due to Other Governments 12 -08 SAFE AND SOBER $1,931.35 Invoice 021809 2/18/2009 Cash Payment G 101 -20800 Due to Other Governments 12 -08 SUPPLEMENTAL DWI $300.41 Invoice 021809 2/18/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $2,231.76 Refer 21809 WILLIAMS, RICK _ Cash Payment E 222 - 42260 -409 Other Equipment Repair PANEL $65.00 Invoice 021809 2/19/2008 Transaction Date 2/17/2009 Wells Fargo 10100 Total $65.00 Refer 21809 XCEL ENERGY _ Cash Payment E 602 -49450 -321 Telephone & Cells 01 -09 #51- 7890142 -3 $588.27 Invoice 257951743 2/18/2009 Transaction Date 2/6/2009 Wells Fargo 10100 Total $588.27 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $17,844.00 222 AREA FIRE SERVICES $388.30 281 COMMONS DOCKS FUND $45.82 601 WATER FUND $1,863.58 602 SEWER FUND $1,891.20 609 MUNICIPAL LIQUOR FUND $736.78 $22,769.68 Pre - Written Check $0.00 Checks to be Generated by the Compute $22,769.68 Total $22,769.68 -340- City of Mound 02/19/09 8:13 AM Page 1 • Payments CITY OF MOUND Current Period: February 2009 Batch Name 022409SUE User D0112r Amt $229,435.02 Payments Computer Dollar Amt $229,435.02 $0.00 In Balance Refer 22409 AECOM, INCORPORATED _ Cash Payment E 450 -46388 -300 Professional Srvs 01 -09 PARKING DECK 1 $1,612.50 Invoice 439222 2/24/2009 Project 06001 Transaction Date 2/13/2009 Wells Fargo 10100 Total $1,612.50 Refer 22409 AMERICAN MESSAGING Cash Payment E 601 -49400 -321 Telephone & Cells 2009 PAGER SERVICE $47.18 Invoice D2062026JB -A 2/24/2009 Cash Payment E 602 -49450 -321 Telephone & Cells 2009 PAGER SERVICE $47.18 Invoice D2062026JB -B 2124/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $94.36 Refer 22409 AMUNDSON, M. LLP Cash Payment E 609 -49750 -256 Tobacco Products For R CIGARETTES $437.30 Invoice 55793 2/2412009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $437.30 Refer 22409 ARCTIC GLACIER PREMIUM ICE •Cash Payment E 609 - 49750 -255 Misc Merchandise For R ICE $111.82 Invoice 459903704 -A 2124/2009 Cash Payment E 609 -49750 -265 Freight 02 -06 -09 DELIVERY CHARGE $1.00 Invoice 459903704 -B 2/24/2009 Transaction Date 219/2009 Wells Fargo 10100 Total $112.82 Refer 22409 ASSURED SECURITY Cash Payment E 281 -45210 -220 Repair / Maint Supply RE -KEY VILLA DOCK GATE $232.64 Invoice 55438 2/24/2009 Transaction Date 2/912009 Wells Fargo 10100 Total $232.64 Refer 22409 BELLBOY CORPORATION Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $66.75 Invoice 47937200 -A 2/24/2009 Cash Payment E 609- 49750 -253 Wine For Resale WINE $464.00 Invoice 47937200 -B 2/24/2009 Cash Payment E 609 - 49750 -265 Freight 02 -11 -09 DELIVERY CHARGE $18.45 Invoice 47937200 -C 2/24/2009 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $772.50 Invoice 47906600 2/24/2009 Transaction Date 2/9/2009 Wells Fargo 10100 Total $1,321.70 Refer 22409 BROWN TRAFFIC PRODUCTS, INC Cash Payment E 101 - 43100 -381 Electric Utilities CROSS WALK LIGHT $178.92 Invoice 013746 2/24/2009 PO 21424 Transaction Date 2/13/2009 Wells Fargo 10100 Total $178.92 Refer 22409 BRYAN ROCK PRODUCTS .Cash Payment E 601- 49400 -224 Street Maint Materials 3/4' WITH FINES CL2 $432.91 Invoice 022409 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $432.91 -341- City of Mound 02/19/09 8:13 AM Page 2 Payments CITY OF ABOUND Total $20.73 Current Period: February 2009 Cash Payment E 602 -49450 -404 Machinery/Equip Repairs #508 AIR FILTER $139.24 Refer 22409 BUSINESS FORMS AND ACCOUNT Cash Payment E 101 -41500 -210 Operating Supplies ACCOUNTS PAYABLE CHECKS $399.23 Invoice 40332 2/24/2009 PO 21451 Transaction Date 2/6/2009 Wells Fargo 10100 Total $399.23 Refer 22409 CARDIAC SCIENCE, INC. Cash Payment E 101 -42110 -219 Safety supplies HEART START BATTERY $245.00 Invoice 1120366 2/24/2009 PO 21318 Transaction Date 2/18/2009 Wells Fargo 10100 Total $245.00 Refer 22409 CARQUEST AUTO PARTS (FIRE) Cash Payment E 222 - 42260 -409 Other Equipment Repair FUEL FILTER $20.73 Invoice 6974 - 86862 2/24/2009 Transaction Date 2/17/2009 Wells Fargo 10100 Total $20.73 Refer 22409 CARQUEST OF NAVARRE (PA49 Cash Payment E 602 -49450 -404 Machinery/Equip Repairs #508 AIR FILTER $139.24 Invoice 6974 -87117 2/2412009 Cash Payment E 602 - 49450 -404 Machinery/Equip Repairs #1604 CABIN AIR FILTER $16.81 Invoice 6974 -87111 2/24/2009 Cash Payment E 602- 49450 -404 Machinery/Equip Repairs #1604 AIR FILTER $31.93 Invoice 6974 -87228 2/24/2009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #404 TRANSMISSION FLUID $120.20 Invoice 6974 -87305 2/24/2009 Cash Payment E 101- 43100 -404 Machinery/Equip Repairs #1105 AIR FILTER $45.46 Invoice 6974- 87109 -A 2/24/2009 Cash Payment E 602 - 49450 -404 Machinery/Equip Repairs #202 AIR FILTER $36.16 Invoice 6974 - 87109 -B 2/24/2009 Cash Payment E 101 -43100 -404 Machinery/Equip Repairs #1105 ANTIFREEZE $31.08 Invoice 6974 -87080 2/24/2009 Cash Payment E 101 -431 00 -404 Machinery/Equip Repairs #207 SENSOR $21.79 Invoice 6974 - 86969 -A 2/24/2009 Cash Payment E 601- 49400 -404 Machinery/Equip Repairs #207 SENSOR $21.79 Invoice 6974- 86969 -B 2/24/2009 Cash Payment E 602 - 49450 -404 Machinery/Equip Repairs #207 SENSOR $21.78 Invoice 6974 - 86969 -C 2/24/2009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #185 WIPER BLADE $28.29 Invoice 6974 - 86838 -A 2/24/2009 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs #402 AIR FILTER $20.62 Invoice 6974 - 86838 -B 2/24/2009 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #842 BRAKE ROTARS, ETC $270.66 Invoice 6974 - 86838 -C 2/24/2009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs RETURNED MERCHANDISE - $10.47 Invoice 697482626 -A 2/2412009 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs RETURNED MERCHANDSIE - $10.47 Invoice 6974 - 82626 -B 2/24/2009 Cash Payment E 602 -49450 -404 Machinery/Equip Repairs RETURNED MERCHANDISE - $10.47 Invoice 6974 - 82826 -C 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $774.40 Refer 22409 CAT AND FIDDLE BEVERAGE -342- CITY OF MOUND City of Mound Payments Current Period: February 2009 02/19/09 8:13 AM Page 3 Cash Payment E 609 -49750 -253 Wine For Resale WINE $539.00 Invoice 81032 2/24/2009 Cash Payment E 609- 49750 -252 Beer For Resale Transaction Date 2/6/2009 Wells Fargo 10100 Total $539.00 Refer 22409 CENTERPO/NT ENERGY (MINNEG Cash Payment E 609- 49750 -252 Beer For Resale Cash Payment E 10145200 -383 Gas Utilities 12 -17 -08 THRU 01 -16 -09 #5714383 $1,922.25 Invoice 022409 2/24/2009 Cash Payment E 10141910-383 Gas Utilities 12 -17 -08 THRU 01 -16 -09 #5728173 $1,970.33 Invoice 022409 2124/2009 Cash Payment E 10143100-383 Gas Utilities 12 -17 -08 THRU 01 -16 -09 #5731601 $1,015.14 Invoice 022409 2/24/2009 Cash Payment E 60149400 -383 Gas Utilities 12 -17 -08 THRU 01 -16 -09 #5731601 $1,015.14 Invoice 022409 2/24/2009 Cash Payment E 602 -49450 -383 Gas Utilities 12 -17 -08 THRU 01 -16 -09 #5731601 $1,015.13 Invoice 022409 2/24/2009 Cash Payment E 60949750 -383 Gas Utilities 12 -17 -08 THRU 01 -16 -09 #5762358 $912.30 Invoice 022409 2/24/2009 Cash Payment E 10142110 -383 Gas Utilities 12 -17 -08 THRU 01 -16 -09 #5765631 $1,642.74 Invoice 022409 2/24/2009 Cash Payment E 222 - 42260 -383 Gas Utilities 12 -17 -08 THRU 01 -16 -09 #5765631 $1,642.74 Invoice 022409 2/24/2009 Cash Payment E 101 - 45200 -383 Gas Utilities 12 -17 -08 THRU 01 -16 -09 #6093897 $478.31 Invoice 022409 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $11,614.08 Refer 22409 CENTRAL PARTS WAREHOUSE Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs PLOW PARTS $257.14 Invoice 121906A 2/24/2009 Transaction Date 2/9/2009 Wells Fargo 10100 Total $257.14 Refer 22409 COCA COLA BOTTLING- MIDWEST Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $220.60 Invoice 0128191017 2/24/2009 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa CREDIT —MIX - $47.70 Invoice 0128191018 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $172.90 Refer 22409 COPY IMAGES, INCORPORATED Cash Payment E 101 - 41910 -440 Other Contractual Servic 02 -09 COPIER MAINTENANCE $208.63 Invoice 104813 2/24/2009 Transaction Date 2/6/2009 Refer 22409 DAY DISTRIBUTING COMPANY Cash Payment E 609 -49750 -253 Wine For Resale Invoice 491472 -A 2/24/2009 Cash Payment E 609 -49750 -255 Misc Merchandise For R Invoice 491472 -B 2/24/2009 Cash Payment E 609- 49750 -252 Beer For Resale Invoice 493152 2/24/2009 Cash Payment E 609- 49750 -252 Beer For Resale Invoice 493151 2/24/2009 Cash Payment E 609- 49750 -252 Beer For Resale Invoice 492187 2/24/2009 Wells Fargo 10100 Total $208.63 WINE $187.00 MERCHANDISE $35.00 BEER $66.30 BEER $1,675.60 BEER $712.35 -343- City of Mound 02/19/09 8:13 AM Payments Page 4 CITY OF MOUND Current Period: February 2009 in = Cash Payment E 609 -49750 -255 Misc Merchandise For R MIX $20.95 Invoice 492188 -A 2/24/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $22.40 Invoice 593288 -B 2/24/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,692.80 Invoice 491359 2/24/2009 Transaction Date 2/6 /2009 Wells Fargo 10100 P x Total $4,412.40 Refer 22409 EMERGENCY MANAGERS ASSOC.FS Cash Payment E 101 - 42115 -434 Conference & Training 2009 MEMBERSHIP DUES, MCKINLEY $100.00 Invoice 022409 2/24/2009 PO 21323 Transaction Date 2/18/2009 Wells Fargo 10100 Total $100.00 Refer 22409 FIRE ENGINEERING PUBLICATIONI Cash Payment E222-42260-433 Dues and Subscriptions 03 -31 -09 MEMBERSHIP DUES $21.00 Invoice 022409 2/24/2009 Transaction Date 2/17/2009 Wells Fargo 10100 Total $21.00 Refer 22409 FIRE EQUIPMENT SPECIALTIES, I Cash Payment E 222 -42260 -210 Operating Supplies 6" LEATHER FRONT $54.32 Invoice 6064 2/24/2009 Transaction Date 2/17/2009 Wells Fargo 10100 Total $54.32 Refer 22409 FIRE SAFETY USA, INCORPORAT Cash Payment E 222 -42260 -210 Operating Supplies YELLOW FIRE TAPE $106.50 Invoice 27812 2/24/2009 Transaction Date 2/1712009 Wells Fargo 10100 l Total $106.50 Refer 22409 FOURTH JUDICIAL DISTRICT Cash Payment E 101 -42110 -203 Printed Forms 2009 CITATIONS $282.74 Invoice 200936 2/24/2009 PO 21274 Transaction Date 2/6/2009 Wells Fargo 10100 Total $282.74 Refer 22409 FRANK MADDEN AND ASSOCIATE Cash Payment E 101 -49999 -300 Professional Srvs 01 -09 LABOR RELATIONS SERVICES $44.40 Invoice 022409 2/24/2009 Transaction Date 2/17/2009 Wells Fargo 10100 Total $44.40 Refer 22409 FULLERTON BUILDING CENTER Cash Payment E 281 -45210 -220 Repair /Maint Supply DECK SCREWS $7.46 Invoice 2124289 2/2412009 Cash Payment E 281 - 45210 -525 Other Capital Improvem CEDAR POSTS $2,295.00 Invoice 2123797 -A 2/24/2009 Cash Payment E 101 - 45200 -500 Capital Outlay FA CEDAR POSTS $1,176.48 Invoice 2123797 -B 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $3,478.94 Refer 22409 G & K SERVICES _ Cash Payment E 609 -49750 -460 Janitorial Services 02 -16 -09 MATS $56.16 Invoice 6429855 2/24/2009 Cash Payment E 101 -43100 -218 Clothing and Uniforms 02 -02 -09 UNIFORMS $51.08 Invoice 6404307 -A 2/24/2009 Cash Payment E 601 -49400 -218 Clothing and Uniforms 02 -02 -09 UNIFORMS $26.56 Invoice 6404307 -B 2/24/2009 -344- City of Mound 02/19/09 8:13 AM Page 5 Payments f CITY OF MOUND Current Period: February 2009 Cash Payment E 60249450 -218 Clothing and Uniforms 02 -02 -09 UNIFORMS $41.38 Invoice 6404307 -C 2/24/2009 Cash Payment E 101 -43100 -230 Shop Materials 02 -02 -09 MATS $42.50 Invoice 6404307 -D 2/24/2009 Cash Payment E 601 -49400 -230 Shop Materials 02 -02 -09 MATS $42.50 Invoice 6404307 -E 2/24/2009 Cash Payment E 60249450 -230 Shop Materials 02 -02 -09 MATS $42.50 Invoice 6404307 -F 212412009 Cash Payment E 101-45200-218 Clothing and Uniforms 02 -09 -09 UNIFORMS $19.71 Invoice 6417146 -A 2/24/2009 Cash Payment E 10145200 -210 Operating Supplies 02 -09 -09 MATS $72.76 Invoice 6417146 -B 2/24/2009 Cash Payment E 101- 41910 -460 Janitorial Services 02 -09 -09 MATS $202.19 Invoice 6417145 2/24/2009 Cash Payment E 609- 49750460 Janitorial Services 02 -09 -09 MATS $72.96 Invoice 6417140 2/24/2009 Transaction Date 2/9/2009 Wells Fargo 10100 Total $670.30 Refer 22409 GREGG FLOOR COVERING _ Cash Payment G 101 -22805 Police Forfeiture Program FLOOR CLEANING $41.54 Invoice 08730 2/24/2009 PO 21320 •Transaction Date 2/18/2009 Wells Fargo 10100 Total $41.54 Refer _22409 GRIGGS COOPER AND COMPANY Cash Payment E 609 -49750 -253 Wine For Resale WINE $142.90 Invoice 181901 2/24/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $4,007.30 Invoice 181900 2/24/2009 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $539.40 Invoice 185233 2/24/2009 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $9,060.20 Invoice 185232 2/24/2009 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $112.75 Invoice 184935 2/24/2009 Cash Payment E 609- 49750 -251 Liquor For Resale CREDIT — LIQUOR - $23.25 Invoice 770999 2/2412009 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa CREDIT —MIX -$2.89 Invoice 771000 2/24/2009 Transaction Date 216/2009 Wells Fargo 10100 Total $13,836.41 Refer 22409 H & L MESABI AGGREGATE CONS Cash Payment E 101 -43100 -404 Machinery/Equip Repairs PLOW BLADE SUPPLIES $587.82 Invoice H -77087 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $587.82 Refer _22409 HAW_KINS, INCORPORATED Cash Payment E 601- 49400 -227 Chemicals CHLORINE CYLINDER $65.00 Invoice 1272711 -RI 2/24/2009 •Transaction Date 2/13/2009 Wells Fargo 10100 Total $65.00 Refer 22409 HECKSEL MACHINE SHOP Cash Payment E 101 -43100 -404 Machinery/Equip Repairs CUT, PUNCH, FORM BLADES $319.50 Invoice 79010 2/24/2009 -345- Refer 22409 HENNEPIN COUNTY ELECTIONS Cash Payment E 101 - 41410 -400 Repairs & Maintenance 2009M100 MAINTENANCE $816.00 Invoice 022409 2/24/2009 City of Mound 02/19/09 8:13 AM Transaction Date 2/13/2009 Page 6 Total Payments Refer 22409 HENNEPIN COUNTY SHERIFF'S A CITY OF MOUND $3,092.46 Current Period: February 2009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs REPAIR BUCKET $829.48 Invoice 79009 2/24/2009 $3,092.46 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs ANGLES AND FLATS $34.18 Invoice 79003 2/24/2009 CTY ROAD 110 AND BARTLETT ROAD Cash Payment E 281 -45210 -220 Repair /Maint Supply GATE FOR VILLA DOCK $93.72 Invoice 022409 2/24/2009 Cash Payment E 281 -45210 -220 Repair /Maint Supply GATE FOR VILLA DOCK $42.60 Invoice 022409 2/24/2009 Wells Fargo 10100 Transaction Date 2/13/2009 Wells Fargo 10100 Total $1,319.48 Refer 22409 HENNEPIN COUNTY ELECTIONS Cash Payment E 101 - 41410 -400 Repairs & Maintenance 2009M100 MAINTENANCE $816.00 Invoice 022409 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $816.00 Refer 22409 HENNEPIN COUNTY SHERIFF'S A Cash Payment E 101 - 41600 -450 Board of Prisoners 01 -09 PROCESSING FEE $3,092.46 Invoice 2352 2/24/2009 _ Transaction Date 2/17/2009 Wells Fargo 10100 Total $3,092.46 Refer_ 22409_HIGHWAY TECHNOLOGIES Cash Payment E 601 - 49400 -440 Other Contractual Servic CTY ROAD 110 AND BARTLETT ROAD $338.83 WORK SIGNS Invoice 329765 -001 2/24/2009 Transaction Date 211312009 Wells Fargo 10100 Total $338.83 Refer 22409 H_ OISINGTON KOEGLER GROUP, I Cash Payment G 101 -22908 Mound Harbor Renaissance 01 -09 MOUND HARBOR RENAISSANCE $195.00 Invoice 007 - 073 -13 -A 2/24/2009 Cash Payment G 101 -23089 MHR Phase II Auditors Road 01 -09 MHR AUDITORS ROAD $195.00 Invoice 007 - 073 -13 -B 2/24/2009 Cash Payment E 475 - 46386 -300 Professional Srvs 01 -09 FEDERAL FUNDING PACKET $1,752.50 Invoice 008 -072 -2 2/24/2009 Cash Payment G 101 -23202 6001 Ridgewood Road #08 -1 01 -09 6001 RIDGEWOOD ROAD #08 -17 $62.25 Invoice 007 - 001 -13 -A 2/2412009 Cash Payment E 101 - 42400 -300 Professional Srvs 01 -09 MISCELLANEOUS PLANNING $20.75 Invoice 007 - 001 -13 -B 2/24/2009 Transaction Date 2/9/2009 Wells Fargo 10100 Total $2,225.50 Refer 22409 HOPKE SEWER AND DRAIN, INCO Cash Payment E 601 - 49400 -440 Other Contractual Servic 5525 CHURCH ROAD WATERMAIN REPAIRS $500.00 Invoice 022409 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $500.00 Refer 22409 INFRATECH Cash Payment E 602 -49450 -221 Equipment Parts GAS MONITOR $430.27 Invoice 0900020 2/24/2009 Cash Payment E 602 - 49450 -221 Equipment Parts LEVEL WIND SCREW $606.41 Invoice 0900029 2/24/2009 _ Transaction Date 2/13/2009 Wells Fargo 10100 Total $1,036.68 Refer 22409 /SS FACILITY SERVICES MINNEAP Cash Payment E 101 -41910 -440 Other Contractual Servic FLOOR TILE SEALING $260.93 Invoice 54206 2124/2009 -346- City of Mound 02/19/09 8:13 AM "snow x Payments Page 7 • CITY OF MOUND Current Period: February 2009 Transaction Date 216/2009 Wells Fargo 10100 Total $260.93 Invoice 125696 2/24/2009 PO 21144 Cash Payment E 675 - 49425 -300 Professional Srvs • Invoice 125696 2/24/2009 PO 21144 01 -22 -09 REDUCING ENERGY COSTS, $8.00 MOORE -347- Refer 22409_ JOHNSON BROTHERS LIQUOR Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $4,639.10 Invoice 1579124 2/24/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,713.85 Invoice 1579125 2/24/2009 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $2,114.14 Invoice 1582604 2/24/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,157.55 Invoice 1582605 2/24/2009 Cash Payment E 609- 49750 -252 Beer For Resale BEER $26.25 Invoice 1582606 2/24/2009 Cash Payment E 609- 49750 -253 Wine For Resale CREDIT —WINE - $10.40 Invoice 408919 2/24/2009 Transaction Date 2/6/2009 Wells Fargo 10100 Total $9,640.49 Refer 22409_ JUBILEE FOODS_ Cash Payment E 101- 42110 -210 Operating Supplies BANDAIDS FOR PRINTER SCANNER $5.11 Invoice 020409 2/12/2009 Cash Payment E 101 - 42110 -434 Conference & Training CVI WEIGHT TRAINING CLASS $52.31 • Invoice 020409 Transaction Date 2/12/2009 2/17/2009 Wells Fargo 10100 Total $57.42 Refer 22409 LAKER NEWSPAPER Cash Payment E 101 - 41110 -351 Legal Notices Publishing 01 -31 -09 ORDINANCE #10 STREET NAMING $26.46 Invoice 897238 2/24/2009 Transaction Date 2/6/2009 Wells Fargo 10100 Total $26.46 22409 LANG EQUIPMENT, INCORPORAT _Refer Cash Payment E 101 - 45200 -409 Other Equipment Repair RADIATOR REPAIR $742.02 Invoice 193275 2/24/2009 Transaction Date 2/17/2009 Wells Fargo 10100 Total $742.02 Refer 22409 LAWSON PRODUCTS, INC Cash Payment E 101 - 43100 -404 Machinery /Equip Repairs WEATHERHEAD CONS PR HOSE $361.69 Invoice 7700112 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $361.69 Refer 22409 LEAGUE OF MINNESOTA CITIES Cash Payment E 101 - 43100 -434 Conference & Training 01 -22 -09 REDUCING ENERGY COSTS, $18.40 MOORE Invoice 125696 2/24/2009 PO 21144 Cash Payment E 601 - 49400 -434 Conference & Training 01 -22 -09 REDUCING ENERGY COSTS, $6.80 MOORE Invoice 125696 2/24/2009 PO 21144 Cash Payment E 602 - 49450 -434 Conference & Training 01 -22 -09 REDUCING ENERGY COSTS, $6.80 MOORE Invoice 125696 2/24/2009 PO 21144 Cash Payment E 675 - 49425 -300 Professional Srvs • Invoice 125696 2/24/2009 PO 21144 01 -22 -09 REDUCING ENERGY COSTS, $8.00 MOORE -347- City of Mound 02/19/09 8:13 AM Page 8 Payments CITY OF MOUND Current Period: February 2009 V:,<,,.._ Cash Payment E 101 - 42400 -434 Conference & Training 01 -22 -09 REDUCING ENERGY COSTS, $10.00 HANSON, R. Invoice 125696 2/24/2009 PO 21144 Cash Payment E 101 - 43100 -434 Conference & Training 01 -22 -09 REDUCING ENERGY COSTS, HANSON, R. Invoice 125696 2/24/2009 PO 21144 Cash Payment E 601 - 49400 -434 Conference & Training Invoice 125696 2/24/2009 PO 21144 Cash Payment E 602 -49450 -434 Conference & Training Invoice 125696 2/24/2009 PO 21144 Cash Payment E 675 - 49425 -300 Professional Srvs 01 -22 -09 REDUCING ENERGY COSTS, HANSON, R. 01 -22 -09 REDUCING ENERGY COSTS, HANSON, R. 01 -22 -09 REDUCING ENERGY COSTS, HANSON, R. $8.00 $8.00 $8.00 $6.00 Invoice 125696 2/24/2009 PO 21144 01 -09 PROSECUTION SERVICES $5,465.91 Transaction Date 2/13/2009 Wells Fargo 10100 Total $80.00 Refer 22409 MARK VII DISTRIBUTOR _ Wells Fargo 10100 Total Cash Payment E 609 -49750 -252 Beer For Resale BEER $0.03 Invoice 429158 2/24/2009 E 602 -49450 -388 Waste Disposal -MCIS 03 -09 WASTEWATER Cash Payment E 609- 49750 -252 Beer For Resale BEER $1,531.40 Invoice 429159 2/24/2009 2/10/2009 Wells Fargo 10100 Total Cash Payment E 609 -49750 -252 Beer For Resale BEER $818.73 Invoice 431530 2/24/2009 E 401 - 46540 -300 Professional Srvs 01 -09 RELOCATATION OF PUMPHOSUE Cash Payment E 609 -49750 -252 Beer For Resale BEER $22.00 Invoice 431531 2/24/2009 2/13/2009 Wells Fargo 10100 Total Transaction Date 2/6/2009 Wells Fargo 10100 Total $2,372.16 Refer 22409 MARLIN'S TRUCKING DELIVERY Cash Payment E 609 - 49750 -265 Freight 01 -22 -09 DELIVERY CHARGE $277.20 Invoice 21947 2/2412009 Cash Payment E 609 - 49750 -265 Freight 01 -26 -09 DELIVERY CHARGE $14.40 Invoice 21955 2/24/2009 Cash Payment E 609 -49750 -265 Freight 01 -29 -09 DELIVERY CHARGE $165.60 Invoice 21974 2/24/2009 Transaction Date 2/6/2009 Wells Fargo 10100 Total $457.20 Refer 22409 MERTZ, BLEDSAW AND BENSON Cash Payment E 101-41600-304 Legal Fees 01 -09 PROSECUTION SERVICES $5,465.91 Invoice 022409 2/24/2009 Transaction Date 2/9/2009 Wells Fargo 10100 Total $5,465.91 Refer 22409 METROPOLITAN COUNCIL WASTE Cash Payment E 602 -49450 -388 Waste Disposal -MCIS 03 -09 WASTEWATER $50,145.06 Invoice 891402 2/24/2009 Transaction Date 2/10/2009 Wells Fargo 10100 Total $50,145.06 Refer 22409 MILLER DUNWIDDIE ARCHITECTU Cash Payment E 401 - 46540 -300 Professional Srvs 01 -09 RELOCATATION OF PUMPHOSUE $3,989.96 Invoice 15165 2/24/2009 Project PW0808 Transaction Date 2/13/2009 Wells Fargo 10100 Total $3,989.96 Refer 22409 MINNEHAHA BUILDING MAINTENA City of Mound 02/19/09 8:13 AM I � Payments Page 9 CITY OF MOUND Current Period: February 2009 Cash Payment E609-49750-400 Repairs & Maintenance 01 -19 -09 WASH WINDOWS $64.97 Invoice 921055435 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $64.97 Refer 22409 MINNESOTA DEPT OF HEALTH Cash Payment R 601 -49400 -37170 State fee - Water 01 -01 -09 THRU 03 -31 -09 CONNECTION FEE $5,883.00 Invoice 022409 2/24/2009 Transaction Date 2/18/2009 Wells Fargo 10100 Total $5,883.00 Refer 22409 MINNESOTA LABOR INDUSTRY (1) Cash Payment E 101 -43100 -223 Building Repair Supplies 2009 BOILER AND PRESSURE VESSEL $6.67 REGISTRATION Invoice 35141533951 -A 2/24/2009 Cash Payment E 601 -49400 -223 Building Repair Supplies 2009 BOILER AND PRESSURE VESSEL $6.67 REGISTRATION Invoice 35141533951 -B 2/24/2009 Cash Payment E 602 - 49450 -223 Building Repair Supplies 2009 BOILER AND PRESSURE VESSEL $6.66 REGISTRATION Invoice 351415339510C 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $20.00 _Refer 22409 MINNESOTA WINEGROWERS CO Cash Payment E 609- 49750 -253 Wine For Resale WINE $396.00 Invoice 2965 2/24/2009 Transaction Date 2/18/2009 Wells Fargo 10100 Total $396.00 Refer 22409 MNSPECT Cash Payment E 222 - 42260 -308 Building Inspection Fees 01 -09 FIRE INSPECTIONS $1,121.25 Invoice 022409 2/24/2009 Transaction Date 2/17/2009 Wells Fargo 10100 Total $1,121.25 Refer 22409 MOUND FIRE RELIEF ASSOCIAT /O Cash Payment E 222 - 42260 -124 Fire Pens Contrib 01 -09 FIRE RELIEF $11,125.00 Invoice 022409 2/24/2009 Cash Payment E 222 -42260 -124 Fire Pens Contrib 02 -09 FIRE RELIEF $11,125.00 Invoice 022409 2/24/2009 Transaction Date 2/18/2009 Wells Fargo 10100 Total $22,250.00 Refer 22409 MOUND MARKETPLACE LLC Cash Payment E 609- 49750 -412 Building Rentals 02 -09 COMMON AREA MAINTENANCE $867.00 Invoice 022409 2/24/2009 Cash Payment E 609- 49750 -412 Building Rentals 03 -09 COMMON AREA MAINTENANCE $867.00 Invoice 022409 2/24/2009 Transaction Date 2/17/2009 Wells Fargo 10100 Total $1,734.00 Refer 22409 MOUND, CITY OF Cash Payment E 609 - 49750 -382 Water Utilities 01 -09 WATER SEWER SERVICE $30.48 Invoice 022409 2124/2009 Transaction Date 2/18/2009 Wells Fargo 10100 Total $30.48 Refer 22409 MUELLER, WILLIAMAND SONS Cash Payment E 101-43100-238 Concrete Sand Invoice 149021 2/24/2009 Cash Payment E 101 - 43100 -238 Concrete Sand Invoice 149079 2/24/2009 01 -13 -09 CONCRETE $2,244.47 01 -21 -09 CONCRETE $1,099.28 -349- _ City of Mound 02/19/09 8:13 AM Page 10 Payments CITY OF MOUND Current Period: February 2009 Cash Payment E 601 -49400 -224 Street Maint Materials 01 -30 -09 RED ROCK AND BANK FILL $1,243.31 Invoice 149144 -A 2/24/2009 Cash Payment E 602- 49450 -224 Street Maint Materials 01 -30 -09 RED ROCK AND BANK FILL $1,243.31 Invoice 149144 -B 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $5,830.37 Refer 22409 NELSON ELECTRIC MOTOR REPAI _ - -- - -- ....... ... -- — - - - - -- -- - - Cash Payment E 602 -49450 -440 Other Contractual Servic 02 -06 -09 GLEN ELYN LIFT STATIOAN $393.87 Invoice 3476 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $393.87 Refer 22409 NEW FRANCE WINE COMPANY Cash Payment E 609 -49750 -253 Wine For Resale WINE $520.00 Invoice 53391 -A 2/24/2009 Cash Payment E 609 - 49750 -265 Freight 01 -29 -09 DELIVERY CHARGE $7.50 Invoice 53391 -B 2/24/2009 Transaction Date 2/10/2009 Wells Fargo 10100 Total $527.50 Refer 22409 OFFICE DEPOT _ Cash Payment E 222 - 42260 -200 Office Supplies SAFETY MANUAL BINDERS $16.44 Invoice 462346934 -A 2/24/2009 PO 21024 Cash Payment E 101 - 42110 -200 Office Supplies SAFETY MANUAL BINDERS $16.44 Invoice 462346934 -B 2/24/2009 PO 21024 Cash Payment E 101- 43100 -200 Office Supplies SAFETY MANUAL BINDERS $7.46 Invoice 462346934 -C 2/24/2009 PO 21024 Cash Payment E 601- 49400 -200 Office Supplies SAFETY MANUAL BINDERS $7.46 Invoice 462346934 -D 2/24/2009 PO 21024 Cash Payment E 602 -49450 -200 Office Supplies SAFETY MANUAL BINDERS $7.45 Invoice 462346934 -E 2/24/2009 PO 21024 Cash Payment E 101 - 45200 -200 Office Supplies SAFETY MANUAL BINDERS $16.44 Invoice 462346934 -F 2/24/2009 PO 21024 Cash Payment E 609 -49750 -200 Office Supplies SAFETY MANUAL BINDERS $16.44 Invoice 462346934 -G 2/24/2009 PO 21024 Cash Payment E 101 - 41310 -200 Office Supplies SAFETY MANUAL BINDERS $32.88 Invoice 462346934 -H 2/24/2009 PO 21024 Cash Payment E 101 - 41500 -200 Office Supplies SAFETY MANUAL BINDERS $16.44 Invoice 462346934 -1 2/24/2009 PO 21024 Cash Payment E 101- 42400 -200 Office Supplies SAFETY MANUAL BINDERS $6.90 Invoice 462346934 -J 2/24/2009 PO 21024 Cash Payment E 222 -42260 -200 Office Supplies BINDERS $16.66 Invoice 462077876 2/24/2009 PO 21022 Cash Payment E 222 - 42260 -200 Office Supplies BINDERS $36.76 Invoice 462076578 2/24/2009 PO 21022 Transaction Date 2/17/2009 Wells Fargo 10100 Total $197.77 Refer 22409 ONE CALL CONCEPTS, INCORPO - - -- - -- - - - -- _ - - - -- - - Cash Payment E 601- 49400 -395 Gopher One -Call 01 -09 LOCATES Invoice 9010699 -A 2/24/2009 Cash Payment E 602- 49450 -395 Gopher One -Call 01 -09 LOCATES Invoice 9010699 -B 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Refer 22409 PARKER, TOM -350- $81.18 $81.17 Total $162.35 City of Mound 02/19/09 8:13 AM ~ Page 11 Payments CITY OF MOUND Current Period: February 2009 Cash Payment G 101 -23199 1558 Dove Lane #08 -14 Vari 1558 DOVE LANE #08 -14 $388.75 Invoice 022409 2/24/2009 Transaction Date 2/9/2009 Wells Fargo 10100 Total $388.75 Refer 22409 PAUST/S AND SONS WINE COMP Cash Payment E 609 -49750 -253 Wine For Resale WINE $380.01 Invoice 8212460 -A 2/24/2009 Cash Payment E 609 -49750 -265 Freight 02 -04 -09 DELIVERY CHARGE $10.50 Invoice 8212460 -B 2/24/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $522.01 Invoice 8212895 -A 2/2412009 Cash Payment E 609- 49750 -265 Freight 02 -09 -09 DELIVERY CHARGE $8.75 Invoice 8212895 -B 2/24/2009 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $870.01 Invoice 8212667 -A 2/24/2009 Cash Payment E 609 -49750 -265 Freight 02 -05 -09 DELIVERY CHARGE $13.75 Invoice 8212667 -B 2/24/2009 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $176.00 Invoice 8212026 -A 2/24/2009 Cash Payment E 609- 49750 -265 Freight 01 -30 -09 DELIVERY CAHRGE $4.50 Invoice 8212026 -B 2/24/2009 •Cash Payment E 609 -49750 -253 Wine For Resale WINE $341.00 Invoice 8212263 -A 2/24/2009 Cash Payment E 609- 49750 -265 Freight 02 -02 -09 DELIVERY CHARGE $8.75 Invoice 8212263 -B 2/24/2009 Transaction Date 2/6/2009 Wells Fargo 10100 Total $2,335.28 Refer PHILLIPS WINE AND SPIRITS, INC _22409 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX $43.95 Invoice 2714349 2/24/2009 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $182.60 Invoice 2714347 2/24/2009 Cash Payment E 609- 49750 -253 Wine For Resale WINE $1,529.15 Invoice 2714348 2/24/2009 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT - -WINE - $46.70 Invoice 3404181 2/24/2009 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $269.80 Invoice 2717123 2/24/2009 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $519.70 Invoice 2717124 2/24/2009 Cash Payment E 609- 49750 -253 Wine For Resale CREDIT —WINE - $14.67 Invoice 3403072 2/24/2009 Transaction Date 2/612009 Wells Fargo 10100 Total $2,483.83 Refer 22409 PROFESSIONAL LAW ENFORCEM Cash Payment E 101 - 42110 -433 Dues and Subscriptions 2009 MEMBERSHIP DUES, HAWKS $30.00 Invoice 022409 2/24/2009 PO 21319 Payment E 101 - 42110 -433 Dues and Subscriptions 2009 MEMBERSHIP DUES, QUAAS $30.00 •Cash Invoice 022409 2/24/2009 PO 21319 Transaction Date 2/18/2009 Wells Fargo 10100 Total $60.00 Refer 22409 PUBLIC EMPLOYEES RETIREMEN -351- City of Mound 02/19/09 8:13 AM Page 12 Payments CITY OF MOUND Current Period: February 2009 Cash Payment E 101 -41110 -121 PERA WITHHART, BENJAMIN CONTRIBUTION $809.94 Invoice 022409 2/2412009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $809.94 Refer 22409 QUALITY WINE AND SPIRITS Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,012.36 Invoice 118227 -00 2124/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,105.01 Invoice 118216 -00 2/24/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $96.49 Invoice 118169 -00 2/24/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $4,382.64 Invoice 120794 -00 2/24/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,216.00 Invoice 120793 -00 2124/2009 Cash Payment E 609 - 49750 -251 Liquor For Resale CREDIT — LIQUOR - $939.75 Invoice 118483 -00 2/24/2009 Transaction Date 2/6/2009 Wells Fargo 10100 Total $7,872.75 Refer 22409 R.C. ELECTRIC, INCORPORATED Cash Payment E 101 -45200 -223 Building Repair Supplies REPLACE EXTERIOR LIGHTS $1,475.00 Invoice 2162 2/24/2009 PO 21175 Transaction Date 2/9/2009 Wells Fargo 10100 Total $1,475.00 Refer 22409 RAYS SERVICES Cash Payment E 101 -45200 -533 Tree Removal 5709 LYNWOOD BLVD $425.00 Invoice 022409 2/24/2009 Transaction Date 2/17/2009 Wells Fargo 10100 Total $425.00 Refer 22409 SENTRY SYSTEMS, INCORPORAT Cash Payment E 609 -49750 -440 Other Contractual Servic 03 -09 BURGLARY AND FIRE MONITORING $75.94 Invoice 594605 2/2412009 Transaction Date 2/18/2009 Wells Fargo 10100 Total $75.94 Refer 22409 S/RCH/E FINGERPRINT LABORAT Cash Payment E 101 -42110 -210 Operating Supplies FINGER PRINT SUPPLIES $52.75 Invoice 0503661 2/24/2009 PO 21273 Transaction Date 2/10/2009 Wells Fargo 10100 Total $52.75 Refer 22409 ST. CLOUD REFRIGERATION, INC Cash Payment E 609 - 49750 -400 Repairs & Maintenance 02 -10 -09 SERVICE CALL HEATING 2 $315.00 MAINTENANCE Invoice 196633 2/24/2009 PO 21531 Transaction Date 2/18/2009 Wells Fargo 10100 Total $315.00 Refer 22409 SUPERIOR BROOKD ALE FORD Cash Payment E 101- 45200 -404 Machinery/Equip Repairs TRUCK GENERAL REPAIRS $833.36 Invoice FICS315841 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $833.36 Refer 22409 TAHO SPORTSWEAR Cash Payment E 101 - 45200 -218 Clothing and Uniforms UNIFORMS $700.12 Invoice 09TF0036 2/24/2009 PO 21168 Transaction Date 2/10 /2009 Wells Fargo 10100 Total $700.12 -352- , -i� CITY OF MOUND City of Mound Payments Current Period: February 2009 Refer 22409 TAYLOR, J.J. DISTRIBUTING MINN 02/19/09 8:13 AM Page 13 Cash Payment E 609 -49750 -252 Beer For Resale BEER $145.40 Invoice 1236094 2/24/2009 Invoice 70677 2124/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $201.60 Invoice 936145 2124/2009 $1,788.45 Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,345.71 Invoice 1243911 2/24/2009 E 609 - 49750 -252 Beer For Resale BEER Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,348.55 Invoice 1243885 2/24/2009 Cash Payment Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,167.70 Invoice 1243851 2/24/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $592.00 Invoice 1236043 2/24/2009 Invoice 528743 2/24/2009 Transaction Date 2/10/2009 Wells Fargo 10100 Total $6,800.96 Refer 22409 THORPE DISTRIBUTING COMPAN -353- Cash Payment E 609 -49750 -252 Beer For Resale BEER $156.00 Invoice 70677 2124/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,788.45 Invoice 529662 2/24/2009 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $77.00 Invoice 70670 2/24/2009 Cash Payment E 609 -49750 -253 Wine For Resale BEER $204.75 Invoice 529443 2/24/2009 Cash Payment E 60949750 -252 Beer For Resale BEER $7,219.55 Invoice 528743 2/24/2009 Cash Payment E 609- 49750 -252 Beer For Resale BEER $107.65 Invoice 528742 2/24/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $74.10 Invoice 527848 2/24/2009 Cash Payment E 609- 49750 -252 Beer For Resale BEER $5,330.00 Invoice 527852 2/24/2009 Cash Payment E 609- 49750 -252 Beer For Resale BEER $320.00 Invoice 524303 -B 2/2412009 Transaction Date 2/10/2009 Wells Fargo 10100 Total $15,277.50 Refer 22409 TRUE VALUE, MOUND Cash Payment E 101 -41910 -220 Repair /Maint Supply 01 -09 MISCELLANEOUS SUPPLIES $203.02 Invoice 013109 2/24/2009 Cash Payment E 101 - 45200 -220 Repair /Maint Supply 01 -09 MISCELLANEOUS SUPPLIES $228.01 Invoice 013109 2124/2009 Cash Payment E 101-42110-220 Repair /Maint Supply DE -ICER $165.57 Invoice 013109 2/24/2009 Cash Payment E 222 - 42260 -402 Building Maintenance DE -ICER $165.57 Invoice 013109 2/24/2009 Cash Payment E 602 - 49450 -220 Repair /Maint Supply 01 -09 MISCELLANEOUS SUPPLIES $86.24 Invoice 013109 2/24/2009 •Cash Payment E 60149400 -218 Clothing and Uniforms 01 -09 MISCELLANEOUS SUPPLIES $31.94 Invoice 013109 2/2412009 Cash Payment E 609- 49750 -210 Operating Supplies 01 -09 MISCELLANEOUS SUPPLIES $100.00 Invoice 013109 2/24/2009 -353- City of Mound 02/19109 8:13 AM Page 14 Payments CITY OF MOUND Current Period: February 2009 Cash Payment E 601 - 49400 -220 Repair /Maint Supply 01 -09 MISCELLANEOUS SUPPLIES $12.74 Invoice 013109 2/24/2009 Cash Payment E 602 -49450 -218 Clothing and Uniforms 01 -09 MISCELLANEOUS SUPPLIES $10.28 Invoice 013109 2/24/2009 Cash Payment E 101 -43100 -230 Shop Materials 01 -09 MISCELLANEOUS SUPPLIES $0.81 Invoice 013109 2124/2009 Cash Payment E 601 -49400 -230 Shop Materials 01 -09 MISCELLANEOUS SUPPLIES $0.81 Invoice 013109 2/24/2009 Cash Payment E 602 -49450 -230 Shop Materials 01 -09 MISCELLANEOUS SUPPLIES $0.82 Invoice 013109 2/24/2009 Cash Payment E 101 - 43100 -460 Janitorial Services 01 -09 MISCELLANEOUS SUPPLIES $10.70 Invoice 013109 2124/2009 Cash Payment E 601 -49400 -460 Janitorial Services 01 -09 MISCELLANEOUS SUPPLIES $10.70 Invoice 013109 2/24/2009 Cash Payment E 602 - 49450 -460 Janitorial Services 01 -09 MISCELLANEOUS SUPPLIES $10.71 Invoice 013109 2124/2009 Cash Payment E 101 - 43100 -400 Repairs & Maintenance 01 -09 MISCELLANEOUS SUPPLIES $5.63 Invoice 013109 2/24/2009 Cash Payment E 101 - 43100 -221 Equipment Parts 01 -09 MISCELLANEOUS SUPPLIES $11.70 Invoice 013109 2/24/2009 Cash Payment E 601 -49400 -221 Equipment Parts 01 -09 MISCELLANEOUS SUPPLIES $11.70 Invoice 013109 2124/2009 Cash Payment E 602 -49450 -221 Equipment Parts 01 -09 MISCELLANEOUS SUPPLIES $11.71 Invoice 013109 2/24/2009 Cash Payment E 101 -43100 -221 Equipment Parts 01 -09 MISCELLANEOUS SUPPLIES $2.18 Invoice 013109 2/24/2009 Cash Payment E 101 - 42110 -210 Operating Supplies 01 -09 MISCELLANEOUS SUPPLIES $34.56 Invoice 013109 2/24/2009 Transaction Date 2110/2009 Wells Fargo 10100 Total $1,115.40 Refer 22409 UNIFORMS UNLIMITED _ Cash Payment E 101 -42110 -219 Safety supplies TASER BATTERIES, TASER HOLDER $174.66 Invoice 458777 2/24/2009 PO 21316 Transaction Date 2/18/2009 Wells Fargo 10100 Total $174.66 Refer 22409 VALLEY NATIONAL GASES LOC 90 Cash Payment E 222 - 42260 -418 Other Rentals AIR AND OXYGEN $33.14 Invoice 878181 2/24/2009 Transaction Date 2/17/2009 Wells Fargo 10100 Total $33.14 Refer 22409 VIDEO PROTECTION SERVICES, I Cash Payment E 609 -49750 -404 Machinery/Equip Repairs 01 -30 -09 SERVICE CALL VIDEO SYSTEM $178.00 Invoice 4714 2/24/2009 PO 21530 Transaction Date 2/10/2009 Wells Fargo 10100 Total $178.00 Refer 22409 VINOCOP/A, INCORPORATED Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $243.50 Invoice 0013006 -A 2124/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $880.00 Invoice 0013006 -B 2/24/2009 Cash Payment E 609 - 49750 -265 Freight 02 -05 -09 DELIVERY CHARGE $12.00 Invoice 0013006 -C 2/24/2009 -354- City of Mound 02/19/09 8:13 AM Page 15 • �1 Payments CITY OF MOUND Current Period: February 2009 Transaction Date 216/2009 Wells Fargo 10100 Total $1,135.50 Refer 22409 WATER CONSERVATION SERVICE Cash Payment E 601 - 49400 -440 Other Contractual Servic 01 -14 -09 5212 LYNWOOD LOCATE LEAK $346.40 Invoice 1121 -A 2/24/2009 Cash Payment E 601- 49400 -440 Other Contractual Servic 01 -16 -09 5701 BARTLETT AND 2233 $418.50 LYNWOOD LOCATE LEAK Invoice 1121 -B 2/2412009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $764.90 Refer 22409 WESTONKA MECHANICAL CONTR Cash Payment E 601 - 49400 -440 Other Contractual Servic 02 -24 -09 4940 NORTHERN ROAD CHANGE $55.00 METER Invoice 33478 2/24/2009 Cash Payment E 601 - 49400 -440 Other Contractual Servic 01-28-094989 EDGEWATER SERVICE CALL $75.00 Invoice 33469 2124/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $130.00 Refer 22409 WIDMER CONSTRUCTION, LLC _ Cash Payment E 601- 49400 -400 Repairs & Maintenance 02 -01 -09 THREE POINTS AND EAGLE $3,010.00 WATERMAIN BREAK Invoice 2503 2/24/2009 Cash Payment E 601 - 49400 -400 Repairs & Maintenance 01 -31 -09 CHURCH ROAD FROZEN WATER $1,530.00 • SERVICE Invoice 2501 2/24/2009 Cash Payment E 602- 49450 -400 Repairs & Maintenance 01 -29 -09 CHURCH ROAD CAMERA $5,610.00 Invoice 2502 2/24/2009 Transaction Date 2/13/2009 Wells Fargo 10100 Total $10,150.00 Refer 22409 WINE COMPANY Cash Payment E 609 -49750 -253 Wine For Resale WINE $408.00 Invoice 211347 -A 2/24/2009 Cash Payment E 609- 49750 -265 Freight 02 -05 -09 DELIVERY CHARGE $8.25 Invoice 211347 -B 2/24/2009 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $416.00 Invoice 211434 -A 2/24/2009 Cash Payment E 609 -49750 -265 Freight 02 -05 -09 DELIVERY CHARGE $8.40 Invoice 211434 -B 2/24/2009 Cash Payment E 609- 49750 -253 Wine For Resale WINE $632.00 Invoice 211738 2/24/2009 Transaction Date 2/6/2009 Wells Fargo 10100 Total $1,472.65 Refer 22409 WINE MERCHANTS Cash Payment E 609 - 49750 -253 Wine For Resale WINE $0.00 Invoice 262308 2/24/2009 Cash Payment E 609- 49750 -253 Wine For Resale WINE $548.00 Invoice 263215 2/24/2009 Transaction Date 2/6/2009 Wells Fargo 10100 Total $548.00 Refer 22409 WINKLER, BOB •Cash Payment E 601 - 49400 -224 Street Maint Materials Invoice 022409 -A 2/24/2009 Cash Payment E 602 -49450 -224 Street Maint Materials Invoice 022409 -B 2/24/2009 01 -21 -09 SAND FOR SALT MIX $927.27 01 -21 -09 SAND FOR SALT MIX $927.26 -355- City of Mound 02/19/09 8:13 AM Payments Page 16 CITY OF MOUND Current Period: February 2009 Fund Summary 10100 Wells Fargo 101 GENERAL FUND Transaction Date 2/13/2009 Wells Fargo 10100 Total $1,854.53 Refer 22409 WORLD CLASS WINES, INCORPO 401 GENERAL CAPITAL PROJECTS $3,989.96 450 Parking Deck 1 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,752.50 $1,485.35 Invoice 224573 2/24/2009 602 SEWER FUND $60,967.66 609 MUNICIPAL LIQUOR FUND Transaction Date 2/13/2009 Wells Fargo 10100 Total $1,485.35 Refer 22409 XCEL ENERGY _ Cash Payment E 101 -43100 -381 Electric Utilities 01 -09 #51- 4802601 -1 $6,591.27 Invoice 258364945 2/24/2009 Transaction Date 2/9/2009 Wells Fargo 10100 Total $6,591.27 Fund Summary Pre - Written Check $0.00 Checks to be Generated by the Compute $229,435.02 Total $229,435.02 11�11-T 10100 Wells Fargo 101 GENERAL FUND $39,547.20 222 AREA FIRE SERVICES $25,485.11 281 COMMONS DOCKS FUND $2,671.42 401 GENERAL CAPITAL PROJECTS $3,989.96 450 Parking Deck 1 $1,612.50 475 TIF 1 -3 Mound Harbor Renaissan $1,752.50 601 WATER FUND $16,200.72 602 SEWER FUND $60,967.66 609 MUNICIPAL LIQUOR FUND $77,193.95 675 STORM WATER UTILITY FUND $14.00 $229,435.02 Pre - Written Check $0.00 Checks to be Generated by the Compute $229,435.02 Total $229,435.02 11�11-T r� miller dunwiddie ARCH I rECTU RE February 19, 2009 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 RE: City of Mound Restroom and Concessions: Phase 1 -- Pump House Relocation MOU0801 Dear Mayor and Members of the Council: On February 10, 2009, a total of three bids were received for the Pump House Relocation project. A bid tab is attached for your information. At the bid opening, each bid met the estimated budget requirements. Parkos Construction Company is the apparent low bidder with a bid of $56,200.00 and 70 calendar days to complete • the project. Upon contacting Parkos Construction, we confirmed that they are comfortable with their bid and are ready to proceed. Miller Dunwiddie has worked with Parkos Construction on several other projects of this type and is comfortable with their experience and abilities to perform the work. We, therefore, recommend that the City of Mound accept this bid and award Parkos Construction Company with the project. Sincerely, Miller Du iddie Ar tecture Charles D. Liddy, ., iA Principal C: File Kandis Hanson, Mound City Manager Carlton Moore, Mound Public Works Director 123 North Third Street Suite 104 Minneapolis MN 55401 -1657 www.milterdunv4ddie.co n p 612 - 337 -0000 f 612- 337 -0031 -357- miller dunwiddie ARCHITECTURE BID TABULATION 123 North Third Shoot Sulk 104 Mlnoeepa"s MN 55401 -1657 www.mfllerdunvAddin.mm p 612 - 337-1000 t 612.337.0031 CITY OF MOUND RESTROOM AND CONCESSIONS PHASE 1: PUMP HOUSE RELOCATION Mound City Hall 5341 Maywood Road Opened at Mound City Hall 3 :00 P,M. February 10, 2009 Commission No. M000801 MILLER DUNWIDDIE ARCHITECTURE 123 North Third Street, Suite 104 Minneapolis, MN 55401-1657 BIDDER TOTAL BID PROJECT DURATION ADDENDUM RECEIVED Anderson Builders 3555 Louisiana Avenue South St. Louis Park, MN 55426 Flannery Construction 1375 St. Anthony Avenue St. Paul, MN 55104 Frana Companies Inc. 633 Second Ave South a � �� . "'f Hopkins, MN 55343 -- -- Parkos Construction 1010 South Robert Street 5(o a a 0 —70 CaA4vR-.., West St. Paul, MN 55118 3 otaqo Sheehy Construction 360 West Larpenteur Avenue St. Paul, MN 55113 Terra General Contractors 21025 Commerce Blvd. Suite 1000 ' ,,, (� 3+ Rogers, MN 55374 1�f :9 CITY OF MOUND • RESOLUTION NO. 09 -_ RESOLUTION ACCEPTING BID FOR PHASE 1 OF THE PUMP HOUSE RELOCATION PROJECT WHEREAS, pursuant to an advertisement for bids for Phase 1 of the Pump House Relocation Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Parkos Construction $56,200.00 Terra General Contractors $69,160.76 Frana Companies, Inc. $88,200.00 AND WHEREAS, it appears that Parkos Construction is the lowest responsible bidder, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Parkos Construction in the name of the City of Mound for Phase 1 of the Pump House Relocation Project, according to the plans and specifications on file in the office of the City Clerk. Adopted by the City Council this 24th day of February, 2009. Attest: Bonnie Ritter, City Clerk -359- Mayor Mark Hanus February 10, 2009 or- 5341 MAYWOOD ROAD �/ ■ OF MOUND MOUND, MN 55364 -1687 MEMORANDUM TO: Mayor & Council Members FROM: Jim Fackler, Park SUBJECT: Stair Replacement Dreamwood Comm6ds, Gull Lane. PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com Staff is requesting that the funds approved in the 2009 Budget for Stair Replacement at Gull Lane (Line Item 45210 -525) be released to be spent for an installation this spring. The current stairway is of wood construction and was installed about 20 years ago and is showing wear (Please see attached photos). This request is based on the Mound City Council policy that directs Staff to request any expenditure from the existing Dock Fund Budget be brought back to them for their final approval. Construction of previous stairways have been done without site specific Engineered Drawings as a way to save money. The stairways are constructed in accordance to the Block Manufactures Engineered Standard for Installation. Based on this approach, it is important to have a contractor that the City is familiar with do the work. Currently Staff has an estimate of $10,678.00 from Concept Landscaping, which is a local contractor and is under the budgeted estimate of $12,000.00. Concept Landscaping has done a few of the Cities current stairways and have shown to install an excellent stairway. They also have provided great follow up on repairs if need be. Minn. Stat. 471.345 the Uniform Municipal Contractinz Law for contracts of $25,000 or less —open market quotations (with at least two contract quotations if practicable). `Y printed on recycled paper -360- r I r d e jI lie N j ': yril "4 r� p U� 1 r1 �J MEMORANDU TO: Mayor Hanus and City Council FROM: Jim Fackler, Parks Superintende DATE: February 18, 2009 RE: Dakota Rail Regional Trail Snowmobile Crossing At the February 12, 2009 Parks. and Open Space Commission (POSC) a discussion was held regarding snowmobile crossing on the Dakota Rail Regional Trail to access Lake • Langdon and cross over to Lake Minnetonka. Three Rivers Park district operates the trail under a lease form HCRRA. Under this lease agreement motorized vehicles are prohibited from the trail. Staff has been in contact with Boe Carlson from Three Rivers Park District (TRPD) and John Tripp from Hennepin County Regional Railroad Authority ( HCRRA) regarding the process to request permission for snowmobiles to cross the trail at designated locations. The POSC made a motion to investigate the ability to cross the trail in three locations, at the south end of Cottonwood Lane, at the trail end east of 6109 Langgon Trail, and at the trail end east of 6177 Sugar Mill Lane. Additionally a marked access was requested on the southeast side of Lake Landon across from 5835 Beachwood, as this is where the snowmobiles cross County 110 to access Lake Minnetonka. Below is an excerpt from the February 12, 2009 POSC meeting minutes: Discuss: Dakota Rail Trail Crossing for Snowmobiles: Fackler stated we've received concerns regarding snowmobiles crossing the Dakota Rail Regional Trail near Lake Langdon. Staff contacted Three Rivers Park District (TRPD) who operates the trail under an agreement with the Hennepin County Railroad Authority ( HCRRA). The HCRRA prohibits motorized vehicles, including snowmobiles, from crossing the trail. An easement may be applied for from the HCRAA to allow crossing of the trail by snowmobiles. Options include a bridge or tunnel crossing, or a plank or on -grade mat system. A detailed plan needs to be submitted with the easement application. The City has asked for recommendation for • the local snowmobile group on access points. -363- Kevin Nobrega, 2236 Landgon Lane, addressed the Commission and stated either access he has to travel to. Concerned if we don't do something people are still going to continue to cross the trail and someone is going to be hit. It needs to be organized for a designated crossing. MOTION by Osmek to send a recommendation to the Council to approve three trail crossings for investigation of temporary and permanent solutions to the crossing areas. One being at the end of Cottonwood, one at the trail entry point off of Southview Circle and one out of Rottlund Development as well as recommend to the council that we install a trail marked area through the south section of Langdon Lake as well as provide signage for said crossing locations. Further that we would also pursue with the snowmobile club funding mechanisms from grant monies for the permanent solution and for the temporary solutions we would look at using some expenditures out of city funds for at least a short period of time. SECOND by Pilling. MOTION carried unanimously. -364- lr � u Hennepin County Property Map Hennepin County Property Locator ® Zoom In ®Zoom Out ®Pen /Move ® Identify ❑Q Clear Map 23 - Parcel - city _ County 0 F E31 II Print Overview �Lei! l Legend f1 fl I i i About the application Parcels updated on: 2/4/2009 Welcome to Hennepin County's Property Locator. To begin using the application either search by (PID, Address, Additon or Twp -Rng -See) using the "Quick Search" commands or simply navigate to the desired location using the "Map Tools ". For more detailed Information dick on the Help Buttonl , Although extensive effort has been made to produce error free and complete date, all geographic information has limitations due to the scale, resolution, data and Interpretation of the original source materials. You should consult available data documentation (matadate) for these oarticuiar data to determine their limitations Page 1 of 1 z Pr_Q.I em -Locat_ormelp A _.JJS.Iisls EQr_TaiS Infsa _ Z�Siisk�ar_S141i9sr_�..BSrriaLs i ._Ck UQLCQmm.u.nV info� _4L�sI�.4ther_Ma¢_.Et.a�u_res ADDRESS: PID: 2311724130044 House #: 5870 street Name: BEACH WOOD RD Unk: City: MOUND Zip: 55364 OWNER /TAXPAYER: Owner, P V MCCLELLAN /R T MCCLELLAN Taxpayer PHILIP V/ROBERT T MCCLELLAN 5870 BEACHWOOD RD MOUND MN 55364 TAX DISTRICT: School*: 277 Sawer #: Watershed 7F: 3 PARCEL: Area: (Acres) 0.65 Area: (Sq. Feet) 28129 Torrens /Abstract:TORRENS HQm� I Your�g�n tzoy re amen l Likens ,��gr Jfj� , & R�gi tipn I Err1.QlQymgntt -UL nteering,l Heall<h, HQijjing,_ & Sgcial $ervices_I Lavq�,P�iblic Safety. k_Gourts. l EnvirQnD]ent,. P.[QpertX. .&t Transportation. Copyright ® 2009 Hennepin County, Minnesota I www.Hennepin.us Acce65jbi1�_PoliCyl CQV�act jenneDln.Eountyl rl Pndy Stat�mgnt ►�44r.� / /mo nn l,o » »ur�i» r»» — ILTODrn+�or+. rife A'nw/r -��§.- n— f)DT7 - %= )A 1 1 7''fA )I nn'2A '7/17 /)Ana Hennepin. County Property Map H Hennepin County Property Locator ® Zoom In ® Zoom Out ® Pan / Move ® Identify 2 Clear Map - - - - - -- - - -- - B - Parcel i� 1111111city - County El [a Print 0 Overview Ig Legend F=1 About the appftntion Parcels updated on: 2/4/2009 Welcome to Hennepin County's Property Locator. To begin using the application either search by (PID, Address, Additon or Twp -Rng -Sec) using the "Quick Search" commands or simply navigate to the desired location using the "Map Tools ". for more detailed Information dick on the Help Buttonl Although extensive effort has been made to produce error free and compile data, all geographic information has limitation due to the scale, resolution, date and Interpretation of the original source materials. You should consult available data documentation finetadetal for these particular date to determine their limitations is Page 1 of 1 11 ity.WcatQ. -KWV 1 Heir) R .�}..S.I)SFsrSax Info_ 21 pick FsLr QbJ1QS�e_AeLi�J� �sJ(sk.fQr�strnm>�n1ty_Info,. �Shpw Other MaD F���roe ADDRESS: PM.- 2311724130076 House #s 5790 Street Names BARTLETT BLVD Units Ckys MOUND Zip: 55364 OWNER /TAXPAYER Ownen RANDY S ARNESON Taxpayers RANDY S ARNESON 16655 WASHINGTON STNE HAM LAKE MN 55304 TAX DISTRICT: School #z 277 Sewer #: Watershed #: 3 PARCEL: Arm, (Acres) 0.56 Area: (Sq. Peat) 24237 Torrans /Abstract: ABSTRACT Addition Name: SURFSIDE LANDING Hp - e I Your CwtY_r9YglJLn1€rnt_I �C4.n5£S S.�rtlflcates• !309(s�csltlop� �[tIPl4Ymt.nY$��1ll.Rke�rin9 .I Htr ith._�pL� r�9 . .S9 d� Sg! �I�g�.l I�N,�ublic Safety .l� Courts.] Enybo.nm..ent,... Pro per_ty,.. &. Tram -sportaktpn. Copyright ® 2009 Hennepin County, Minnesota I www.Hennepin.us ACCtSSib.ft pol�[Qti C2ntgir lie<nn in .Qt n� I Sg4�rilyLPri_v_aSY�S�LTiellt -366- 1.++... /J.. ;� .... t.v.,.. �...:.. ........./LT!'hT).,,....,..w�.l R.....lT ...... ,.......__.nTfTT1_'f 4 t t'7'f 4n i nn^f .r n r� n innnn r� L Hennepin County Property Map Hennepin County Property Locator ® Zoom In IN Zoom Out ® Pan / Move ® Identify M Clear Map 23 Parcel �City - County u1 jP�rinnt�J (� Overview If I i{ Legend ii i� wle size f, About the application Parcels updated on: 2/4/2009 Welcome to Hennepin County's Property Locator. To begin using the application either search by (PID, Address, Addlton orTWp-Rng-Sec) using the "Quick Search" commands or simply navigate to the desired location using the "Map Tools ". For more detailed information click On the Help Buttons Although aAenslve effort has been made to produce error free and complete date, all geographic information has limitations due to the scale, resolution, date and Interpretation of the original source materials. You should consult available data documentation finetadate) for these oarticuler date to determine their limitations is Page 1 of 1 � _2)_�lisAsf�.akliaue..��r1al;� _ �Ii .SI�.F.4siyomtT�ur_1.1ty_I[lfgx .A) -5h4YtD1hsMap Features ADDRESS: PID: 1411724440022 House #s 2273 Strom Name* COTTONWOOD LA Unit: City: MOUND Zips 55364 OWNER /TAXPAYER: Owners SCOTT' E PICHA Taxpayer. SCOTT E PICHA 2273 COTTONWOOD LA MOUND MN 55364 TAX DISTRICT- School #: 277 Sewer #: Watershed #: 3 PARCEL: Areas (Acres) 0.33 Area:'Sq. Peet) 14335 Torrens /Abstract: TORRENS Additlon Name: LWAOLD PARK LAKE MTK HQmB I Y4uL GQUn� Sz2eLnm�O _i S e6 �.erS1 6 _ Re9I.5SCdtLOn I Em�l_4YLL?.e $k �91U�tegry_n9._I nth.H.0U5irng..�.5Q ii cig- 4e5_I w PubliO SaffMty,_r� Gslu�l �irszomerat ,__Pro�er3x� &_TransR2�atiQn Copyright fD 2009 Hennepin County, Minnesota { www.Hennepin.us Acce .sipil.ity_P to icvl Cgntact Henn�Qin Cq�n�j t e ritylPriyaq! tg S btn *//ttie en hannanin mn ,367 n nry c)Dm= )A11'71Al1nn'2A '1n'7 /7nnn Hennepin County Properly Map Hennepin County Property Locator ® Zoom In ® Zoom Out ® Pan / Move BE Identify ❑Q Clear Map 23 Parcel �city - County u Print a Overview 19 Legend F=11 About the application Parcels updated on: 2/4/2009 Welcome to Hennepin County's Property Locator. To begin using the application either search by (PID, Address, Additon or Twp -Rng -Sac) using the "Quick Search" commands or simply navigate to the desired location using the "Map Tools ". For more detailed Information dick on the Help Buteonl Although extensive effort has been made to produce error Nee and complete data, all geographic information has limitations due to the scale, resolution, date and Interpretation of the original source materials. You should consult available data documentation (matodats) for time carticular data to determine their limitations Page 1 of l P.r1ltMW- LMtx2r. !h ft R _1) r.is;Cfor.IMJDfQ � _?1�lir�or�bllau� a .. 3�.Usts_Eo>:..�omm>d►1Ltvv_Info . _41Sh0��S�i�h1>3R Features ADDRESS: Pm: 1411724340078 House IQs 6109 Street monist LANGDON TR Units City: MOUND YAP: 55364 OWNER /TAXPAYER: Ovrnsn MARK A STUDEBAKER ET AL Taxpayers MARK & DENICE STUDEBAKER 6109 LANGDON TR MOUND MN 55364 TAX DISTRICT: School s: 277 ,r: Watershed 0, 3 PARCEL: Area: (Acres) 0.46 Areas (Sq. Fest) 20054 Torrens /Abstract: ABSTRACT Homes I YQLIr County overnmeniI U_C es, Certificate6�$tQgg.�Str�tipn I EmDlovmg�t & VO��ir�t @g�ing_I Health _,N,Q it�ing _.� $Q�jtil Sgrvi�� ley{ lic Side -& Coud sd .Envi 2pnmB.OY, i411 Copyright ® 2009 Hennepin County, Minnesota I www.Hennapin.us A o s;lbiliSY P.o_IfcYl Qntact ygnn in q�opl.l �e4urltYLed.Ys rn }1ffr1- / /rrie r•.n r1PT:T1P1177: V"rf boll- T% YUmtlnretrll�nr�JT-JVO- _,I)DTn1 1A11111A^11An2A 1111'7nr%f%(1 Hennepin County Property Map Hennepin County Property Locator CZoom In ® Zoom Out ®Pen / Move ®Identify ❑O Clear Map Paroel county 13 p Overview 19 Legend FiC F7;:1 About the application Parcels updated on: 2/4/2009 Welcome to Hennepin County's Property Locator. To begin using the appiicatlon either search by (PID, Address, Additon or Twp -Rng -Sec) using the "Quick Search" commands or simply navigate to the desired bcation using the "Map Tools ". For more detailed Information dick on the Help Buttonl Although extensive effort has been made to produce error free and complete data, all geographic Information has limitations due to the scale, resolution, date and interpretation of the original source materials. You should consult available data documentation (metsdatal for these particular data to determine their limitations is Page 1 of 1 %TroxrV lal -WrAft R i)._G.t4ok_Ear_Texiofo.. � .Zi�UsltEat.R4J1�i.��_.��tials �1CJ.isdc�or Gammurliiy info... 4)._&.hQW!Qt4gM.4P —E = =5 ADDRESS: PIP: 1411724340052 Howe #: 6165 Street Name: SUGAR MILL LA Unit: City: MOUND Zip: 55364 OWNER/TAXPAYER: KRISTIN Owner. VANDENHEUVEL ET AL Taxpayer VANDENHEUVEL VANDENHEUVEL 6165 SUGAR MILL LA -. MOUND MN 55364 TAX DISTRICT: School #: 277 Sewer #: Watershed #: 3 PARCEL: Area: (Acres) 0.25 Area: (Sq. Feet) 10825 Torrens /Abstract: ABSTRACT ti-ome I YQvC9v0L CzoverlRL @ALI Ugi<m5 =.A - R£9lStretl2n l ECAR14YLr-W- U-V— g1VDtegrip9_I tlealth. Uiw _Puhll.ic Safety- k- Courts l=nvirDnment,_Pmerty . &Jr_an=Q=ion Copyright O 2009 Hennepin County, Minnesota l www,Hennepin.us Ac.ro5ib11RxPoioY1 5fwrltyj?:7ys10'-.5=-eM -e t hthn• / /cric nn hPnnPnin mn iicXTfPrnnarf-%rMnn/T .369. nQ"V9AT =1A11'71AI1MIA 7/17/7()()4 6R21 rasa 2397. 2498 61: �;i 6137 x,,5149 ` 6faS 6157 About the application Parcels updated on: 2/4/2009 Welcome to Hennepin County's Property Locator. To begin using the appiicatlon either search by (PID, Address, Additon or Twp -Rng -Sec) using the "Quick Search" commands or simply navigate to the desired bcation using the "Map Tools ". For more detailed Information dick on the Help Buttonl Although extensive effort has been made to produce error free and complete data, all geographic Information has limitations due to the scale, resolution, date and interpretation of the original source materials. You should consult available data documentation (metsdatal for these particular data to determine their limitations is Page 1 of 1 %TroxrV lal -WrAft R i)._G.t4ok_Ear_Texiofo.. � .Zi�UsltEat.R4J1�i.��_.��tials �1CJ.isdc�or Gammurliiy info... 4)._&.hQW!Qt4gM.4P —E = =5 ADDRESS: PIP: 1411724340052 Howe #: 6165 Street Name: SUGAR MILL LA Unit: City: MOUND Zip: 55364 OWNER/TAXPAYER: KRISTIN Owner. VANDENHEUVEL ET AL Taxpayer VANDENHEUVEL VANDENHEUVEL 6165 SUGAR MILL LA -. MOUND MN 55364 TAX DISTRICT: School #: 277 Sewer #: Watershed #: 3 PARCEL: Area: (Acres) 0.25 Area: (Sq. Feet) 10825 Torrens /Abstract: ABSTRACT ti-ome I YQvC9v0L CzoverlRL @ALI Ugi<m5 =.A - R£9lStretl2n l ECAR14YLr-W- U-V— g1VDtegrip9_I tlealth. Uiw _Puhll.ic Safety- k- Courts l=nvirDnment,_Pmerty . &Jr_an=Q=ion Copyright O 2009 Hennepin County, Minnesota l www,Hennepin.us Ac.ro5ib11RxPoioY1 5fwrltyj?:7ys10'-.5=-eM -e t hthn• / /cric nn hPnnPnin mn iicXTfPrnnarf-%rMnn/T .369. nQ"V9AT =1A11'71AI1MIA 7/17/7()()4 Page 1 of 3 -- ^ r Vicki Weber From: Jim Fackler PimFackler @cityofmound.com] Sent: Tuesday, February 17, 2009 2:10 PM To: John.Tripp @co.hennepin.mn.us; CarltonMoore @cityofmound.com; KandisHanson @cityofmound.com Cc: ameyer @threeriversparkdistdct.org; Bcarlson @threedversparkdistrict.org; VickiWeber @cityofmound.com; CarltonMoore @cityofmound.com Subject: Re: snowmobile crossing at Langdon Lake John, Yes I will be out of town next week and will set a meeting date and time with you and the Three Rivers when I get back to look into the crossing for the winter of 2009 - 2010. Jim Fackler Park Superintendent From: John.Tripp @co.hennepin.mn.us Sent: Tuesday, February 17, 2009 1:34 PM To: 'James W. Fackler" <JimFackler @cityofmound.com> Subject: Re: snowmobile crossing at Langdon Lake Jim, HCRRA has granted Three Rivers Park District permission to operate the trail on our corridor, and Three Rivers would determine what crossing material and what signage would be required. At a minimum, HCRRA might require that "Stop Ahead" and "Stop" signs for both snowmobilers and trail users. Alex Meyer is a contact at Three Rivers. Mr. Meyers can be contacted at 763 -559 -6758. We would probably use a lease to grant permission for a snowmobile crossing. The City of Mound would assume all liability and maintenance responsibilities, and there would be an annual charge. The lease could be cancelled upon 30 -days notice. Our Board would need to approve the lease. There are two Board meetings in March, on the 17th and 31 st and we would need a signed agreement at least one week prior the Board meeting. I hesitate to give you our standard lease wording as this lease will be unique in many respects and I think we should wait until actual wordage has not been developed. Jim, it is my understanding that you will be out of town until the beginning or March. Would it be possible to meet with us when you return. Thanks. John Tripp Sr. Planning Analyst Hennepin County Regional Railroad Authority 612 -348 -9265 2/17/2009 -370- Page 2 of 3 • "James W. Fackler" 02/17/200910:42 AM To cc Subject Re: snowmobile crossing at Langdon Lake John, Last week the City of Mound Park Open Space Advisory Commission voted to go ahead looking into the crossings. I will be compiling information for the City Council for their approval to apply with the HCRRA. . My question to you as I begin putting this information together is do you have a typical drawing of a mat/plank crossing? I am looking for what is needed such as signage, mat construction and fencing if needed. Do you have a copy of a existing agreement for a temporary easement? Also what are the meeting dates for the HCRRA Board? Jim Fackler Park Superintendent - - - -- Original Message From: To: Sent: Wednesday, January 28, 2009 8:06 AM Subject: snowmobile crossing at Langdon Lake Jim, please send any requests for a crossing to: Marcia Wilda Manager, Leasing and Land Management Hennepin County Regional Railroad Authority 417 North Fifth Street, Suite 320 Minneapolis, MN 55401 -1362 2/17/2009 -371- Page 3 of 3 The request could be something to the effect of... "the City of Mound requests a temporary easement for an at grade public snowmobile crossings of HCRRA's Dakota Rail corridor at ........... as shown on the attached plan. The City will be responsible for all costs of construction, maintenance, and operation of the crossing, including proper signage, and the City will be maintain liability insurance coverage as directed by HCRRA." Eventually, we will need City Council and HCRRA Board approval as we discussed. Thanks. John Tripp Sr. Planning Analyst Hennepin County Regional Railroad Authority 612 - 348 -9265 Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may subject to attorney - client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. = Disclaimer: Information in this message or an attachment may be government data and thereby subject to. the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney- client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 2/17/2009 -372- �1 MEMORANDUM TO: Parks and Open Space FROM: Jim Fackler, Parks DATE: January 27, 2009 RE: Dakota Rail Trail Crossing for Snowmobiles Some Mound residents have expressed concerns of not being able to cross the Dakota Rail Trail on snowmobiles to access Lake Langdon. Staff contacted Three Rivers Park District on this issue. Three Rivers Park District operates the trail through a permit from the Hennepin County Rail Road Authority. ( HCRRA) and the permit prohibits any motorized vehicle use, including snowmobiles. The HCRRA informed staff of the procedure to gain snowmobile crossing of the trail. There are two types of crossings, a bridge or tunnel which can be applied for by a private party or a city, and an on -grade mat or plank system which can only be applied for by a city. The on -grade crossing would be the most cost efficient approach for the City. The City can apply for an easement from the HCRRA. The agreement would contain conditions of the mat or plank system, liability solely with the City for maintenance, signage, crossing locations(s), etc. If an easement is granted it would be renewable each year as long as conditions remain the same. A condition change would be if the trail was opened in the winter with an agreement by Three Rivers Park District and the City of Mound for other uses like cross country skiing, snow shoeing, or plowing for walking and running. -373- Vicki Weber ,- From: James W. Fackler [JimFac ler @cityofmound.com] Sent: Wednesday, January 28, 200911:16 AM To: Vicki Weber Subject: Fw: snowmobile crossing at Langdon Lake This will be part of the packet. - - -- Original Message ------ From: <John.Tripp®co.hennepin.mn..us> To: <jimfackler @cityofmound.com> Sent: Wednesday, January 28, 2009 8:06 AM Subject: snowmobile crossing at Langdon Lake Jim, please send any requests for a crossing to: Marcia Wilda Manager, Leasing and Land Management Hennepin County Regional.Railroad Authority 417 North Fifth Street, Suite 320 Minneapolis, MN 55401 -1362 The request could be something to the effect of ... "the City of Mound requests a temporary easement for an at grade public snowmobile crossings of HCRRA's Dakota Rail corridor at ............as shown on the attached plan. The City will be responsible for all costs of construction, maintenance, and operation of the crossing, including proper signage, and the City will be maintain liability insurance coverage as .directed by HCRRA.0 Eventually, we will need City Council and HCRRA Board approval as we discussed. Thanks. John Tripp Sr. planning Analyst Hennepin County Regional' Railroad Authority 612 - 348 -9265 Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney - client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. _ -374- All ski e r t Page 1 of 1 Bonnie Ritter From: "Dean, John B." <jdean @Ken nedy-Graven. com> To: <bonnieritter @cityofmound.com> Sent: Friday, February 20, 2009 9:20 AM Attach: DOCSOPEN-#347483- v5- Second_Supplement_to_MOU.DOC Q Subject: DOCSOPEN -# 347483- v5- Second_Supplement_to_MOU.DOC onnie: Attached is the form of the Second Supplement to Memorandum of Understanding for inclusion in the agenda packet. Please also place a note in the packet which states that staff is continuing discussions with MHR to make additional slips available for the city program in 2009; but the 27 contained in the proposal is the number that all have agreed to at this point. Staff needs to have an executed agreement at this time so it can begin to line up users for the slips before the February 28 deadline to apply for them. -376- 2/20/2009 • CITY OF MOUND RESOLUTION NO. 09- RESOLUTION APPROVING SECOND SUPPLEMENT TO MEMORANDUM OF UNDERSTANDING WHEREAS, the Council has reviewed the form of document entitled: Second Supplement to Memorandum of Understanding, (attached hereto as Exhibit A), has received the recommendations of staff regarding same and is fully informed as to its content. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota as follows 1. The Supplement is, in all respects hereby approved. 2. The Mayor and City Manager are directed to execute the same and to take all steps necessary to carry out the obligations of the City thereunder. Adopted by the City Council of the City of Mound, Minnesota this 24th day of February, 2009. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk 343438v1 JBD MU195 -15 1 -377- Second Supplement to Memorandum of Understanding THIS AGREEMENT, is made as of the day of February, 2009 by and between the City of Mound, a Minnesota municipal corporation (the "City ") and Mound Harbor Renaissance Development, LLC, a Minnesota limited liability corporation ( "MHR" ), and the Villas on Lost Lake Homeowners Association (the "Association ") BACKGROUND 1. On or about November 23, 2005 the parties entered into a Memorandum of Understanding ( the "MOU ") relating to dredging, construction and use of a 37 -slip dock facility all as fully set out in the MOU. The 37 -Slip Dock Facility is shown on the attached Exhibit A. 2. Pursuant to the MOU the parties also entered into an Escrow and Disbursing Agreement dated _ September, 2007 ( the "EDA') pertaining to the reserve of funds to cover certain future expenditures relating to the Lost Lake channel, the 37 slips and the area serving the 37 slips all as fully set out in the EDA. 3. On or about November 2009, the parties entered into a Supplement to Memorandum of Understanding (the "Supplement ") which modified the provisions of the MOU and the EDA as they related to the availability of slips within the 37 -slip Facility. 4. The MOU, the EDA and the Supplement are currently in full force and effect. 5. The City has requested that the parties revise the Supplement to increase the number of slips that are available within the city's dock program beginning with the 2009 boating season. 6. As a result of discussions between the City and MHR, the parties have agreed to the terms of this Second Supplement to the MOU.. Those terms are set out herein. UNDERSTANDINGS The provisions of the MOU, the EDA, and the Supplement are incorporated at this point as if fully set out herein. For the purpose of this Agreement, the term Non - Abutter shall mean a participant in the Mound Dock Program who is not the occupant or owner of a home in the Villas. 2. Notwithstanding any provision contained in the MOU, the EDA or the Supplement to the contrary, the parties agree as follows: 347483v5 JBD MU195 -15 -378- (1) In the event that for any year beginning with the 2009 boating season, the City • receives fewer than 37 slip license applications ( "Applications ") from occupants of the residential units, it may, after consultation with MHR, in October of the preceding year, make a number of slips equal to the lesser of: (i) the difference between such Applications and 37; or (ii) 27, available for use during the boating season by residents of the City with preference to individuals who are participating in the City's dock program, including those on the waiting list. (2) The slips described in paragraph (1) will be located in the portion of the 37 -slip dock facility shown on the attached Exhibit A as the " Temporary Sites ". (3) Prior to issuing any licenses to non - abutters, the City will (i) construct at its expense, and according to plans reviewed by MHR, a separator as shown on Exhibit A as " New Gate"; and (ii) re -key, at City expense, the gate shown on Exhibit A as "Gate Re- Keyed ". (4) Licenses issued to non - abutters are for an annual basis only, and will not be renewed as to any year for which the City has received an application for that slip from an owner of a home in the Villas, but only after all of the slips located outside the "27 Temporary Sites" area have been assigned. Licenses shall contain a statement to that effect. (5) Licenses issued to owners and to non - abutters shall provide that a license will be • subject to revocation or suspension if the licensee is involved in conduct which unreasonably annoys members of the public or owners or occupants of nearby residential dwellings. LJ (6) Licenses issued to non - abutters shall contain a statement to the effect that parking of vehicles in connection with use of the slip will be limited to designated permitted areas and prohibited anywhere within the Lost Lake community as well as in other designated prohibited areas; and that a violation of those provisions may result in revocation or suspension of the license. (7) Slips licensed by the City to non - abutters will be subject to the offset provisions contained in paragraph 2(c) of the EDA. Those licensees will be expected to pay the full license fee and the allocated portion of the Deposits as described in the EDA. Neither MHR nor the Association shall have any responsibility for payment of the Deposits or the offset provisions relating to the slips allocated to the City under this agreement during the years of such allocations. 3. If this Agreement is determined to be in violation of any license, permit or approval issued by any other governmental authority in connection with the slips or the dredge, this Agreement shall automatically be null and void without action from either party, except that any current annual licenses shall remain in effect for their term. 347483v5 JBD MU195 -15 2 -379- 4. Any notice shall be given in writing, signed by the party giving notice, personally delivered or mailed by certified or registered mail, return receipt requested, to the parties' respective addresses as set forth below: To MHR: Mound Harbor Renaissance Development, LLC 152194' Lane NE Minneapolis, MN 55449 Attn: David Newman, Chief Manager With copies to: Thomas A. Stokes 4052 Oakland Street St. Bonifacius, MN 55375 Plum Investment Company 700 East Lake Street, Suite 201 Wayzata, MN 55391 Attn: Peter Pflaum, President and Chief Financial Officer Key Investment, Inc. 225 6th Street, Suite 5200 Minneapolis, MN 55402 Attn: Jerry Paquin, Chief Operating Officer To Association: The Villas on Lost Lake Homeowners Association Attn: Tom Stokes 4052 Oakland Street St. Bonifacius, MN 55375 To the CITY: Kandis M. Hanson, City Manager Mound City Hall 5341 Maywood Road Mound, MN 55364. With copy to: Mr. John Dean City Attorney Kennedy & Graven 200 South Sixth Street Suite 470 Minneapolis, MN 55402 Notice shall be deemed delivered (a) in the case of personal delivery, on the date when personally delivered; or (b) in the case of certified or registered mail, on the date which is one day after deposited in the United States mail with sufficient postage to effect such delivery. Each party may change recepient and the address to which notice must be given by delivery of written notice to the other parties in accordance with this Paragraph 4. 347483v5 JBD MU195 -15 :1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and . year first above written. Mound Harbor Renaissance Development, LLC By: Its: City of Mound By: Its: By: Its: The Villas on Lost Lake By: Its: By: Its: Drafted by: Kennedy & Graven, Chartered (JBD) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 347483v5 JBD W195 -15 4 -381- EXHIBIT A Exhibit A 347483v5 JBD MU195 -15 A -1 -382- Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: February 18, 2009 Re: Request to Submit 2009 TOD Grant/Loan Application — Auditor's Road Background As the City Council is aware, the Mound HRA and Mound Harbor Renaissance Development (MHRD) are, continuing their efforts and funding strategies regarding the proposal for the Auditor's Road District which includes mixed -use, "main street' development as well as structured parking. Previously, a $1.15M Livable Communities grant and a $225K Transit Oriented Development grant were approved for the Auditor's Road District parking structure and related improvements. Discussion • As the City Council is aware, the HRA has Option Agreements for the properties at 5567 Shoreline Drive (Becket) and 5575 Shoreline Drive (Perbix). As members are aware, the Beckel building is scheduled to be demolished as part of the Operation Black Cat emergency training exercise in May. The TOD grant proposal to be submitted, if authorized, will be requesting funding dollars (grant/loan) to purchase properties in the Auditor's Road District. • Property acquisition and related site clearance costs (ie. demolition, etc.) are eligible for TOD funding. • Members are advised that TOD funding for 2009 cycle is $2M. It is anticipated that the funding cycle will be very competitive. The application submittal deadline is February 26, 2009. • On a related note, the TOD grant awarded in 2007 for Auditor's Road for pedestrian - related improvements for the parking deck expires on December 31, 2009. Due to the current economy and market conditions, Staff is working with Hennepin County Community Works Staff to determine whether a portion of the 2007 funding could be reallocated to assist with property acquisition efforts in the Auditor's Road District as it was referenced in the original grant application. Stafrs position regarding the current TOD grant is that every effort should be made to utilize the grant funding for related activities in the Auditor's Road District to get ready for the future development which would include acquisition activities. Information on this matter may be forthcoming at an upcoming meeting. -383- Recommendation Staff respectfully requests that the City Council approve the draft resolution which has been prepared to authorize submittal of a TOD application to Hennepin County to request grantlloan funding for property acquisition and related site clearance activities in the Auditor's Road District. • Page 2 • CITY OF MOUND RESOLUTION # 09- RESOLUTION SUPPORTING SUBMITTAL OF A TRANSIT ORIENTED DEVELOPMENT LOAN /GRANT APPLICATION TO HENNEPIN COUNTY BE IT RESOLVED that the City of Mound, in accordance with Minnesota Statutes §383B.77, subd. 3., supports the Transit Oriented Development loan /grant application submitted to the Hennepin County Housing and Redevelopment Authority on February 26, 2009 by the City of Mound for the Auditor's Road District. The foregoing resolution was moved by Councilmember seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted February 24, 2009 Attest: Bonnie Ritter, City Clerk Mark Hanus, Mayor -385- and Hennepin County Department of Housing, Community Works and Transit 417 North Fifth Street, Suite 320 Minneapolis, MN 55401 -1362 www.hennepin.us 2009 Transit Oriented Development (TOD) Program Guidelines I. Introduction Hennepin County is making $2 million in Capital Bond funds' available to support multi jurisdictional2 Transit Oriented Development (TOD) projects that are part of a municipally designated Redevelopment Plan (within designated Redevelopment Project Areas or Housing Districts) throughout Hennepin County. These funds are intended to supplement existing available resources in support of transit - oriented development and increase transit usage in Hennepin County. Transit Oriented Development promotes a mixture of housing, retail, and workplaces within walking distance of transit to maximize access and use of the transit system. Transit encourages density, and well - planned TOD has numerous benefits including decreased congestion, a greater range of housing options, fewer emissions, and improved health. TOD projects and developments are shaped by transit in terms of parking, density, and /or building orientation in comparison to conventional development. Successful TOD reinforces both the community and the transit system, exhibits a compact and efficient use of available space, rather than auto oriented sprawl, and contains a diversity and mix of uses with daily conveniences and transit at the center. The pedestrian - friendly physical design encourages walking, bicycling and access by people with physical disabilities. The spatial extent of TOD is the maximum comfortable walking distance to transit, roughly % mile for bus stops or' /z mile for rail -based TOD. (See Appendix B: Resources for additional transit and Transit - Oriented Development information.) II. Eligible Applicants Eligible applicants include statutory or home rule charter cities or towns, development authorities (e.g. Housing Redevelopment Authority, Economic Development Authority or Port Authority) and private entities, including both nonprofit and for - profit developers. Successful applicants will be required to pay an administrative fee equal to 4.5 percent of the award amount at time of contract execution. This fee may not be paid with TOD award proceeds. The municipality for the jurisdiction in which the project is located must adopt resolutions that authorize submittal of the application and execution of subsequent implementing agreements and contracts. (See Appendix A: Sample Resolution.) The municipality also must document that the project is in a Redevelopment Project Area and /or Housing District, and approve participation in a multi jurisdictional project with Hennepin County and the Hennepin County Housing and Redevelopment Authority (HCHRA). Applicants are encouraged to contact appropriate city staff regarding these requirements prior to submitting an application. 1 Awards under this program are funded out of the proceeds of tax- exempt bonds. You should consider whether the source of funds has implications, financial or otherwise, to your project. Laws of Minnesota 2001, Chapter 214, Section 10, expanded the authority of Hennepin County to issue bonds without referendum under its capital improvement bond authority to finance public and private multi - jurisdictional housing and redevelopment activities. (See X. Definitions.) 2Multi- jurisdictional projects are statutorily defined as including one or more of the following. housing rehabilitation and removals, industrial polluted land cleanup, water ponding, environmental cleanup, community corridor connections, corridor planning, creation of green space, acquisition of property, development and redevelopment of parks and open space, water quality and lakeshore improvement, development and redevelopment of housing and existing commercial projects, and job creation. (See X. Definitions.) 9111. Eligible Areas are in Hennepin County Only Funding is only available to projects in Hennepin County that are located within officially designated Redevelopment Project Areas or Housing Districts and are adjacent and oriented to transit corridors. Transit corridors include Hennepin County designated transportation routes with bus, light rail, or bus rapid transit service (regional trail corridors may also be considered). For purposes of this program, eligible projects must be located on or near County - identified corridors, be along a Metro Transit express bus route(s), or along a bus route(s) providing all day service. Areas within % mile of transit station or within'/ mile of a bus stop are eligible. (See Appendix A: for the Hennepin County corridor map.) Transit corridors include, but are not limited to: 29th Street Midtown Greenway; Hiawatha LRT Corridor; Central Corridor; Northeast Diagonal, Dakota Rail Line, Southwest Corridor; and County Road 81 Bottineau Corridor, including Lowry Avenue and West Broadway. Applicants must document access to existing and enhanced bus transit service, where applicable. • (To view the interactive Twin Cities Metro Area Transit Systems map, which can be used to view the proximity of your proposed project to current transit routes, see map at http: / /www.metrotransit.org.) IV. Funding Availability Hennepin County Capital Bond Funds are the source of funding for this program. Funding is generally made available in the form of a grant to approved applicants. Funds are provided on a reimbursement basis only, and only for actual costs, as approved in the application, and subsequent negotiated work programs and contracts. Applicants must provide invoices, descriptions of work, proof of payment, lien waivers, and other documentation as requested prior to reimbursement. V. Eligible Project Activities Eligible activities are uses of funds that support a public purpose and /or involve components that are oriented to the transit stop(s) identified in the project. Eligible activities include: a) Installation of public infrastructure improvements, including pedestrian and bicycle facilities that improve pedestrian, bicyclist, and transit rider safety and ease of use; b) Clearing acquired property and installation of streets, utilities, and site improvements for uses in accordance with the redevelopment project; c) Acquisition of real property for the purpose of removing, preventing or reducing blight, blighting factors or the causes of blight. Evidence of site control is required. Activities of the types described in lines a and b listed above comprise the majority of successful applications. Activities described in c (above) are far less commonly funded through the TOD Program. Examples of eligible activities from past TOD awards include: • Security cameras and site lighting on the exterior of a refurbished apartment building located immediately adjacent to a bus shelter, and serving a transit - dependent population. • ADA compliant pervious pavers, pedestrian lighting, landscaping, bike racks, bike cages, and bus shelter for a public plaza adjacent to a commercial development located along a transit corridor. • Pedestrian lighting and other streetscaping elements in a redevelopment area along a transit corridor. • Demolition, utility relocation /installation, and pedestrian walkways and lighting for a high density housing development located near a transit station. 2 -387- VI. Application Selection and Approval Process Hennepin County Department of Housing, Community Works and Transit staff will review applications and make award recommendations. Final awards are subject to approval by the Hennepin County and the HCHRA Boards in the fall of 2009. Funding is anticipated to be available in January 2010. Selection criteria include, but are not limited to: • Proximity to transit and transit usage o Extent to which projects are directly adjacent to transit stops along Hennepin County Transit Corridors. Applicants will also be evaluated by how well their project interfaces with transit, or otherwise promotes transit usage. o Extent to which projects increase transit ridership. Selected projects must work with the County to include evaluation tools (such as surveys) to measure impacts on transit ridership, use of local businesses /services, etc. • Land use, density and design • Extent to which projects contribute to a vibrant, walkable community that encourages multiple modes of transit (including biking and walking) and active living (See Appendix B: Resources, for more information regarding Hennepin County's Active Living Program) • Mix of uses and the degree to which the project supports expanded mobility, employment, shopping, and housing choices • Likelihood of catalyzing additional development • Use of transit- oriented and pedestrian- oriented design principles • Extent to which projects increase residential or employment density. Applications will also be evaluated on the density of their project on the site, the density of the surrounding area, and other measures of compact, efficient use of space. • Job creation and retention • Increased tax base • Financials and readiness o Extent to which projects leverage other public and private resources o Extent to which projects are market -ready o Extent to which projects require financial assistance to complete requested uses o Extent to which projects will meet project timeline requirements of construction commencement in 2010, completion of eligible activities no later than December 31, 2011 VII. Application Submittal and Procedures • Submittal deadline: February 26, 2009 at 4:00 p.m. • All applicants must submit one electronic copy (on disc or USB drive), one original application and four complete copies to address listed below. Double sided documents are strongly preferred. VIII. Program Contact Potential applicants are encouraged to review projects with Ms. Fitzgerald prior to submittal. Patricia L. Fitzgerald, Principal Planning Analyst Hennepin County Housing, Community Works and Transit Environmental Services Building 417 North Fifth Street, Suite 320 Minneapolis, MN 55401 -1362 direct 612 - 543 -0864 / cell 612 -432 -7692 patrcia.I.fitzgerald@co.hennepin.mn.us IX. Limitations Under Minnesota law, data submitted by a business to a government entity in response to a request for proposal are private or nonpublic until the responses are opened. Once the responses are opened, the name of the proposer becomes public. All other data in a proposer's response to a request for proposal 3 a are private or nonpublic data until completion of the evaluation process. Completion of the evaluation process means that the government entity has completed negotiating the contract with the selected proposer. After a government entity has completed the evaluation process, all remaining data submitted by all proposers are public with the exception of trade secret data as defined and classified in Minnesota Statute Section 13.37. A statement by a proposer that data are copyrighted or otherwise protected does not prevent public access to the data contained in the response if such data does not qualify as trade secret data. This request for proposals does not commit Hennepin County or the HCHRA to pay any costs incurred in the preparation of a proposal for this application. Hennepin County and the HCHRA reserve the right to accept or reject any or all applications received, to rescind the request for proposals, to request additional information as deemed necessary to review any application, to negotiate with all qualified proposers, to use any or all proposer ideas and /or approaches presented, or to cancel in part or in its entirety this request for proposals, if it is in the best interest of Hennepin County and the HCHRA to do so. Hennepin County and the HCHRA may require the entities selected to participate in negotiations to submit any fiscal, technical, or other revisions of their proposals that may result from negotiations. • X. Definitions "BOND" — refunding bonds, notes, interim certificates, debentures or other obligations issued by an authority pursuant to Minnesota Statutes sections 469.001 to 469.047, or issued by an Authority or Hennepin County pursuant to 383B.79. Also means an obligation as defined under section 475.51. "MULTI- JURISDICTIONAL" — 3836.79, Subdivision 1 enabled creation of a multi jurisdictional reinvestment program involving Hennepin County, the cities of Minneapolis, Brooklyn Center, and other interested statutory or home rule charter cities in Hennepin County, the Minneapolis Park Board, and the suburban Hennepin County Park District. The multi jurisdictional program must include plans for one or more of the following: housing rehabilitation and removals, industrial polluted land cleanup, water ponding, environmental cleanup, community corridor connections, corridor planning, creation of green space, acquisition of property, development and redevelopment of parks and open space, water quality and lakeshore improvement, development and redevelopment of housing and existing commercial projects, and job creation. "REDEVELOPMENT PLAN" — 469.002, Subdivision 16: "a plan approved by the governing body, or by an agency designated by the governing body for the purpose of approving such plans or authorized by law to do so, of each city in which any of a redevelopment project is to be carried out, which plan provides an outline for the development or redevelopment of the area and is sufficiently complete (1) to indicate its relationship to definite local objectives as to appropriate land uses; and (2) to indicate general land uses and general standards of development or redevelopment." (See Statute 469.002 for definition of Redevelopment Project.) 4 APPENDIX A: SAMPLE RESOLUTION City Approving the Application BE IT RESOLVED that the City of , in accordance with Minnesota Statutes § 3836.77, subd. 3., supports the Transit Oriented Development loan /grant application submitted to the Hennepin County Housing and Redevelopment Authority on by Date Applicant For the Site Name I certify that the above resolution was adopted by the city council on Signed: Authorized Official Title: Date: Witnessed by: Title: 5 -390- Date: Date site. 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: February 19, 2009 Re: Review / Action — Specific Sign Program for Tenant B (east portion) in Villa Commercial Building Background The proposed east side of the 'Tenant B" space in the Villa commercial building in the Lost Lake building is to be leased by Sir Knight Cleaners and is located immediately adjacent to Caribou Coffee. The property is zoned Pedestrian District and subject to specific sign regulations as contained in City Code Chapter 350.651. However, as provided in City Code Chapter 365.20, Subd. 10, the applicant is requesting City Council approval of their signage plan as a "Specific Signage Program ", which the City allows for areas included within a Redevelopment Plan (which includes the Mound Visions downtown redevelopment plan). Discussion 1. The proposed dry cleaner store will provide drop -off and pick up service. City Code Chapter 350.651, Subd. 2 (B) allows "retail sales and services" as a permitted use(s). 2. In general, the sign proposal includes temporary signage, wall- mounted signage and use of the "upper" portion of the bottom sign case in the existing monument. A copy of the proposed signage plan has been included as attachment(s). 3. Members may recall that land use approvals were granted by the City for the Villa commercial building in 2007 and included approval of a "Specific Sign Program." Specifically, building and monument signage was approved and included a condition to require the use of "reverse cut copy" for the freestanding monument. A copy of the 2007 resolution has been included as an attachment. A copy of the monument approved as part of the Caribou Coffee plan has been included. 4. Staff has determined that land use permitting and /or amendment(s) are not required for the proposed new tenant at this time but has informed Mound Harbor Renaissance (MHR) that this process may need to be undertaken when an additional tenant is obtained for the remaining portion of "Tenant B" space on the west side including, but not limited to, an evaluation of the parking plan and requirements. -391- 5. Members are advised that the applicant's sign consultant has proposed a plan for the "upper half' of the bottom sign case contained in the monument. Staffs review finds it to be consistent with the "reverse cut copy" provision which was included with Caribou Coffee's sign approvals. Refer to large -photo and graphic of monument dated 2/18/09. 6. Staff has referred a copy of the proposed sign plan to the building owner and representative for review and comment. Members are advised that Welsh Companies has approved the proposal. 7. The signage band for the Tenant B (west part of the building) on the north face was previously shown above the existing door entrance and was referenced in the City's planning report for Caribou Coffee. (Refer to attached graphic). The report indicated that any deviation from this plan would require the future tenant to gain approval of their signage program by the City. However, it does not appear that this language was included in the City's adopted resolution, therefore, Staff does not believe this item specifically requires approval but has included as part of the Specific Sign Program proposal in the event members of the City Council have an alternate viewpoint. 8. Staffs review of the individual channel letters / wall sign ("cleaners') finds it to be consistent with the Pedestrian District regulations for wall signs. • proposed sign is 7.5 SF and is less than 5 percent of the wall size or 24 SF feet (whichever is smaller) and will be attached to the front (north facing) building fagade • letters are less than 12 inches in height • signage does not extend more than 6 inches from the wall • LED use allowed 9. Members are advised that Planning Commission review of the "Specific Sign Plan" is not required by the City Code. However, the City Council, at its discretion, may remand the proposal to the Planning Commission if it feels its review is needed and /or will be beneficial for the City Council. • Page 2 -392- 10. The applicable regulations for temporary signage to promote a business opening in the Pedestrian District read as follows: "...... Temporary signs advertising a business opening or change in ownership shall not exceed an area of sixteen square feet, and shall require a temporary sign permit, specifying the date of removal. All temporary signs shall have the date of removal printed clearly on the lower right hand corner, as viewed from the exterior, and shall be permitted for a period not to exceed 30 days..." Members are advised that a temporary permit was issued for the banner as it was below the 16 SF allowance. The proposal also shows a temporary sign board with "Sir Knight Cleaners" on the top portion and "Coming Soon" on the bottom portion to be placed in the window(s) and are under the 16 SF requirements. As it is unclear if these provisions were meant to restrict the number of temporary signs, Staff has suggested that the temporary board(s) be included as part of the City's review of the Specific Sign Program. The applicant has requested that the 30-day period for temporary signs be extended. Staff suggests the temporary signs be allowed for a 60-day period (unless an alternate schedule is approved by the City Council). 11. Use of the monument for Tenant B which includes the "lower case" was contemplated as part of the Caribou Coffee approvals. As part of the Sir Knight request, this sign area is being separated into 2 portions. 10 Recommendation A draft resolution approving the Specific Sign Program for Sir Knight Cleaners has been prepared for review /action by the City Council to include the following list of minimum conditions: • 1. Approval of the proposed sign plan submitted by applicant and /or designated representative to include use of "reverse cut copy' (double sided) on the monument as submitted by the applicant. 2. Approval of the LED - illuminated wall sign to be placed above the window on the east portion of the "Tenant B" space. 3. Temporary banner and (2) interior window signs to be allowed on premise for up to 60 days following installation. 4. Review and acceptance of the sign plan by the building owner and /or designated representative. 5. City reserves the right to regulate the hours of illumination for the proposed sign so as to not to create a nuisance. • Page 3 -393- CITY OF MOUND RESOLUTION # 09 Resolution Approving Specific Sign Program for Sir Knight Cleaners Located in the Villa Commercial Building WHEREAS, the applicant, Sir Knight Cleaners, is proposing to lease space in the east portion of the "Tenant B" space in the Villa commercial building and is requesting approval of a Specific Sign Program; and WHEREAS, City Code Section 365,20, Subd. 10 allows the City Council, by resolution, to approve a Specific Sign Program for a redevelopment project which is included in a Redevelopment Plan which has been established pursuant to Minnesota State Statutes; and WHEREAS, the Villa project is located in the Lost Lake District which is included in a Redevelopment Plan which was established in 2005; and WHEREAS, Staff has reviewed and recommended approval of the Specific Sign Program for Sir Knight Cleaners subject to conditions; and WHEREAS, the City Council considered the request at its February 24, 2009 meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve the Specific Sign Program for Sir Knight Cleaners to be located in the east half of the "Tenant B" space in the Villa commercial building located in the Lost Lake District as follows: 1. Approval of the proposed sign plan submitted by applicant and /or designated representative to include use of "reverse cut copy" (double sided) on the monument as submitted by the applicant. 2. Approval of the LED - illuminated wall sign to be placed above the window on the east portion of the "Tenant B" space. 3. The temporary banner and (2) interior window signs shall be allowed on- premise for up to 60 days following installation. The City's approval of the Specific Sign Plan shall be subject to the following list of conditions: -394- 1. Any and /or all comments from the City Council. 2. Applicant shall be responsible for procurement of any and /or all permits (ie. sign permit, building permit, electrical permit, etc.) including payment of fees. Tenant or designated representative shall be responsible for contacting MnSpect to determine the need for building and / or electrical permits. 3. Review and acceptance of the sign plan by the building owner and /or designated representative. 4. The City shall reserve the right to regulate the hours of illumination for the proposed signage so as to not to create a nuisance. The foregoing resolution was moved by Councilmember seconded by Councilmember The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this 24th day of February 2009 IE Attest: Bonnie Ritter, City Clerk • -395- Mayor Mark Hanus and 17--j E • -397- y r) ic • SIGN PERMIT 5341 Maywood Road. Mound, MN 55364 APPLICATION Phone 952- 472 -0600 Fax 952472 -0620 SITE Property Address 44 `7 Business Name of k- D RO QE: 4 lD• Zone Phone C APPLICANT Name to W 1?,DZGI Horne Ph©ne. (�d(1 ` ' r Other, OWNER Name' Home Phone to 0+' i) ` a Other SIGN CONTRACTOR Company Name - --C`"" Address Contact Verson iVl Phone ( C(3Q R. Fax l Other NUMBER OF SIGNS APPLYING FOR:. (if more than one wall sign is being requested, see Side 2) r SIZE OF SIGN REQUESTED _ � feet high x 't'. J feet wide square feet SEASONAL SIGN to be in place from I %� to ! 1 (dates) FREE STANDING SIGN height from ground level to top of sign feet WALL SIGN: Walt area feet high x feet wide square feet' Number of existing wall signs: List square footage of each existing sign: Total square feet of all existing wall signs-, square feet Percentage of wall area covered by signs. square feet DESCRIBE SIGN (message, materials, illumination, etc.) I QMT &ht _ _-CAALI L- tMk-, MGoM-fED Q lei N A '1 v '— i,_ n..%a'" � IGr rsrr+.:t�.rur+ as +ra+xn�un� �C�r � uwfc 1y 7, 7 (OFFICE USE ONLY) SPECIAL QNDITIONS & COMMENTS: RECEIVED BY & DATE f +1 ®, PLANS CHECKED BY I APPROVED BY & DATE COPIED APPROVED zoN�NC I -399- RESOLUTION # 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING AN AMENDMENT TO THE MOUND VISIONS LOST LAKE PDA -CUP, RESTAURANT WITH DRIVE -THRU SERVICES CONDITIONAL USE PERMIT, AND SPECIFIC SIGN PROGRAM FOR A REDEVELOPMENT PLAN AREA FOR THE COMMERCIAL BUILDING LOCATED IN THE MOUND VISIONS LOST LAKE DISTRICT P & Z CASE # 07 -24 PID # 13- 117 -24 -34 -0132 WHEREAS, the applicant, Welsh Construction, who is the designer /builder for the property owner /developer, Mound Development Group II, LLC, has submitted applications for an Amendment to the Mound Visions Lost Lake PDA -CUP, Restaurant with Drive -Thru Services Conditional Use Permit, and a Specific Sign Program for a Redevelopment Plan area in order to construct a 3,141 sq ft one -story, multi- tenant commercial building in the Mound Visions Lost Lake District; and WHEREAS, the original Mound Visions Lost Lake PDA -CUP for a mixed -use residential and commercial redevelopment project, which was approved by the City Council in May 2005, includes the Villas on Lost Lake housing development and a multi- story 12,500 sq ft (5,000 sq ft footprint) commercial building for this particular property; and WHEREAS, the applicant's development proposal for a 3,141 sq ft one -story, multi- tenant commercial building has some inconsistencies with the original Mound Visions Lost Lake PDA -CUP, so they are required to have an amendment to the original PDA -CUP approved by the City; and WHEREAS, this site is guided for Pedestrian District land uses by the 2020 Comprehensive Plan and located in the Pedestrian Planned Unit Development (PED- PUD) zoning district; and WHEREAS, the Pedestrian (PED -PUD) District was previously amended to allow Restaurants with Drive -Thru Services as a Conditional Use Permit, subject to specific performance standards, and the applicant is proposing a coffee shop with drive -thru services as one of the uses of the multi- tenant commercial building; and WHEREAS, the original Lost Lake PDA -CUP site plan showed a 12,500 sq ft X11 three -story, multi- tenant commercial building located up to the street with parking areas to the rear and side of the building and the proposed 3,141 sq ft one -story, two- tenant commercial building is shown at the back of the site, away from the street, with parking areas in front of the building and to the side of the building, with a drive -thru facility at the rear of the building; and WHEREAS, a national chain coffee shop, Caribou Coffee, is the proposed tenant for the eastern portion of the building and the tenant for the western portion of the building has not been determined at this time; and WHEREAS, the Mound Visions Lost Lake District is intended to accommodate a mix of uses, including attached residential housing, office and retail, in a pedestrian - oriented environment. and the applicant is proposing a commercial building that would accommodate retail and office uses, which is consistent with the uses intended for this district; and WHEREAS, with an existing agreement in place between the developer and the Villas on Lost Lake residential development that ten (10) of the property's parking spaces accommodate overflow parking from the adjacent residential townhouse residents, the applicant has determined that the remaining parking spaces would only accommodate a smaller commercial building; and WHEREAS, the applicant is proposing a total of 35 parking spaces versus the original site plan's 36 parking spaces, distributed as follows: a. Tenant A (Caribou Coffee) —15 spaces b. Tenant B (TBD) — 10 spaces c. Overflow Residential Parking— 10 spaces; and WHEREAS, the applicant is proposing sod for the eight (8) ft wide area between the public right -of -way (sidewalk) and the surface parking lot, which is not acceptable for perimeter landscaping abutting a public right -of -way, and does not comply with the Mound Environmental & Appearance Model guidelines for parking lots adjacent to a public right -of -way; and WHEREAS, to comply with the City's site landscaping zoning ordinances and the Mound Environmental & Appearance Model guidelines for parking lots adjacent to a public right -of -way, the applicant's proposed site landscape plan shall be modified, subject to review and approval by City Staff; and WHEREAS, the applicant's proposed site plan shows a hardcover of 75.59 %, which represents an improvement over the original Lost Lake PDA -CUP site plan for the commercial building, which had a hardcover of 80 %, and is close to meeting the maximum hardcover permitted in the PED -PUD zoning district of 75 %; and WHEREAS, the original commercial building site plan contained two (2) rain gardens, which have already been constructed by the developer, including a larger one in the southwest comer of the site and a smaller one just to the east of the commercial building, and the applicant is proposing to relocate the small rain garden approximately 35 ft to the east of the existing location, including extensions of stormwater pipe as required to connect the new areas with the existing areas; and -401- NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby approve the Amendment to the Mound Visions Lost Lake PDA -CUP to allow the proposed 3,141 sq ft one -story multi- tenant commercial building in the Mound Visions Lost Lake District, as requested by the applicant with the following conditions: 1) Since the building has been shifted away from the street and sidewalk, the site plan shall be modified to accommodate safe and convenient pedestrian access routes from the sidewalk to the building and through the parking lot, subject to review and approval by the City. 2) The applicant shall have the option to replace the existing decorative fence, which is 5 -6 ft in height, with a similar style decorative fence that is 3-4 ft in height. 3) The perimeter area between the public right -of -way /sidewalk along Shoreline Drive and the surface parking area shall be landscaped rather than sodded for consistency with the guidelines of the Mound Environmental & Appearance Model which shall be subject to review and approval by the City 4) A plan for maintenance /removal /pick -up /monitoring of trash /garbage on the proposed coffee shop area(s) shall be prepared to ensure that the site is maintained in an appropriate manner and shall be subject to the review and acceptance by the City. The applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby approve the Restaurant with Drive -Thru Services Conditional Use Permit for this property, as requested by the applicant with the following conditions: 1) Drive -thru speakers must not produce noise that exceeds 75 dBA as measured five (5) feet from the speaker. 2) Drive -thru services shall not be operated between the hours of 10 p.m. and 6 a.m. unless alternate hours are approved by the City Council as part of the conditional use permit. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby approve the Specific Sign Program for this property, as part of the Mound Visions Redevelopment Plan area, as requested by the applicant with the following onditions: 1) The LED 'open" sign and the "logo" sign proposed for the rear of the building shall be removed from the signage program, since it faces adjacent residential uses. 2) The freestanding monument signage shall use reverse copy opaque letters. 3) The height of the monument shall be allowed up to (8) feet. -402- • WHEREAS, the City's Sign Ordinance, Section 365.20 Subd 10, contains a special provision allowing the approval of a Specific Sign Program for a development project located within an area included in a Redevelopment Plan and the applicant is requesting approval of a Specific Sign Program for this property, which is located in the Mound Visions Downtown Redevelopment Plan area; and WHEREAS, the applicant's proposed sign program contains the following signs: A. One freestanding monument sign structure, which is 6.5 ft in height, accommodating two (2) smaller double -faced signs, one for each tenant, and located in the landscaped island in the middle of the parking lot area along Shoreline Drive B. Two (2) double- faced, internally lit directional signs to indicate the correct one -way drive -thru lane movement C. Two (2) wall signs, consisting of applied letters and graphics, located on the north side (80.75 sq ft) and the east side (73.5 sq ft) above the two entrances to the store D. One (1) window cabinet sign, internally illuminated, located next to the entrance facing Shoreline Drive that is 8.9 sq ft in area E. Three (3) LED "open" signs located in windows on the north, east and south sides of the building F. Three (3) "logo" signs on the two entry doors and the awning over the drive - thru window on the rear of the building G. Two (2) wall signs for the western portion of the building are shown as general sign bands, on the north and west elevations; and WHEREAS, the City reserves the right to control the hours that lighted signs sha !le in operation; and WHEREAS, the Pedestrian District contains building fagade requirements regarding window area ratios and the proposed building appears to meet the minimum window area ratio for the front fagade of 45 -65 %; and WHEREAS, the Pedestrian District contains building fagade requirements regarding exterior building materials, including the use of wood lap siding for street - facing facades, wood, brick, stone or precast products for bulkheads and wood materials for window and siding trim, and the proposed architecture for the commercial building is intended to complement the architectural character of the Villas on Lost Lake residential townhomes, using vinyl, synthetic and Hardie materials that are intended to look like the wood, brick and stone materials identified in the standards; and WHEREAS, Staff and the Planning Commission have reviewed the application and recommended approval of the Amendment to the Mound Visions Lost Lake PDA- CUP, Restaurant with Drive -Thru Services Conditional Use Permit, and a Specific Sign Program for a Redevelopment Plan area with conditions; and -403- The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted August 28, 2007 Attest: City Clerk Mark Hanus, Mayor ,K. 5341 Maywood Road City of 1 Mound, MN 55364 (952) 472 -3190 PUiningwid BOding Deparnent PLANNING REPORT TO: Mound City Council, Planning Commission and Staff FROM: Jeff Miller, Staff Planning Consultant DATE: August 16, 2007 MEETING DATE: August 20, 2007 APPLICANT: Welsh Construction REQUEST(S): Amendment to original PDA -CUP for a new commercial building, Conditional Use Permit for drive -thru services, and Approval of a Specific Sign Program CASE NO: 07 -24 HKGI CASE NO: 07- 11 LOCATION: Proposed new commercial building in the Mound Visions Lost Lake District on south side of Shoreline Drive P I D : 13-117-24-34-0132 ZONING DISTRICT: PED -PUD Pedestrian Planned Unit Development District COMPREHENSIVE PLAN LAND USE: Pedestrian District SUMMARY This property is located in the Lost Lake District of the Mound Visions downtown y redevelopment plan on the south side of Shoreline Drive. The original PDA -CUP for the entire Lost Lake District, which also includes the Villas on Lost Lake housing development, was approved in May 2005 and included a multi -story 12,500 sq ft (5,000 sq ft footprint) commercial building for this particular property. The property is currently located in the Pedestrian Zoning District. The applicant, Welsh Construction, has submitted an application on behalf of the property owner, Mound Development Group II, LLC requesting the City's required approvals to construct a new one -story multi - tenant commercial building on this property. Since the applicant's development proposal has some inconsistencies with the original PDA -CUP, they are required to have an amendment to the original PDA -CUP approved by the City. In addition, the applicant is proposing a drive -thru facility use, which is only allowed in the PED -PUD zoning district with approval of a CUP. Finally, the applicant is requesting approval of their signage program as a "specific signage program ", which the City allows for areas included within a Redevelopment Plan, such as the Mound Visions downtown redevelopment plan. PROJECT OVERVIEW The applicant is proposing to construct a one -story 3,033 sq ft commercial building on the property, which would be designed for two side -by -side tenants. The proposed -405- building is set back from the street with surface parking spaces to the front and side of the building. A national chain coffee shop, Caribou Coffee, is the proposed tenant for the eastern portion of the building. The tenant for the western portion of the building has not been determined at this time. The proposed building would be designed with a drive -thru facility that would accommodate drive -thru services for the business in the eastern portion of the building. By moving the location of the building to the rear of the site, with the drive -thru lane located behind the building, the applicant has shifted non - drive -thru vehicular movement to the front of the building. REVIEW PROCEDURE Conditional Use Permit Process. City Code Chapter 350.525 Subd. 3 (B) requires that all requests for conditional use permits are reviewed by the Planning Commission. Additionally, City Code Chapter 350.535 Subd. 3 (C) requires that a public hearing is held by the City Council. Procedurally, state statute requires that the planning agency and /or governing body must hold a public hearing on all requests for conditional use permits. Criteria. In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed land use upon the health, safety, morals and general welfare of occupants of surrounding lands. Among other things, the City Council may make the following findings where applicable. A. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. B. That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. C. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. D. That adequate measures have been or will be taken to provide sufficient off - street parking and loading space to serve the proposed use. E. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. F. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. G. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. H. The use is not in conflict with the policy plan of the City. w. • I. The use will not cause traffic hazards or congestion. J. Existing adjacent uses will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. K. The developer shall submit a time schedule for completion of the project. L. The developer shall provide proof of ownership of the property to the Zoning Officer. M. That all property taxes, special assessments, municipal utility fees, including but not limited to water and sewer bills, and penalties and interest thereon have been paid for the property for which the permit has been submitted. 60 -DAY PROCESS The CUP application was received and deemed to be complete on or around August 1, 2007. Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to approve or deny the land use request unless an extension is executed by the City in accordance with state rules. NOTIFICATION The City Code requires that a Notice of Public Hearing is published at least (10) days in advance of the public hearing and is also mailed to all property owners within (350) feet. A public hearing on this CUP request is currently scheduled for Tuesday, August 28tt'. A Notice of Public Hearing was published in the Laker newspaper on August 18"' and public hearing notifications were mailed to surrounding property owners on August 16t'. CITY DEPARTMENT / AGENCY REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. Bruce Chamberlain, HKGi In order to accommodate the street visibility needs of the proposed commercial building, the existing decorative fence, which is 5 -6 ft in height, could be replaced with a shorter decorative fence 3-4 ft in height. In order to accommodate additional landscaping within the eight (8) ft area between the sidewalk and the surface parking lot, the fence should be placed approximately two (2) ft from the curb of the parking lot. The applicant is proposing sod for this area, which is not acceptable for perimeter landscaping that abuts a public right -of -way, and does not comply with the Mound Environmental & Appearance Model guidelines for parking lots adjacent to a public right - of -way. This area can contain deciduous and /or evergreen plant material of various heights, rock or organic mulch, necessary retaining walls not to -407- exceed 2 ft in height, wood or iron fence not to exceed 4 ft in height, earth berm not to exceed 4:1 slope, stone or brick wall not to exceed 4 ft in height. Deciduous boulevard trees should be placed in all perimeter landscaping areas at a distance not to exceed 40 ft on- center. Low, uninterrupted screening in the form of shrubs, fences or walls should be provided along the length of a perimeter landscaping area. A majority of the screening should be in the range of 2-4 ft in height and only occasionally go above or below that range. Todd Shoemaker, MCWD The previously approved amount of impervious surface was 24,517 square feet. The currently proposed amount of impervious surface is 23,158 square feet. A reduction of impervious surface is generally favorable and should not adversely impact the performance of the previously constructed stormwater management system. The previously approved rain garden area and volume are approximately equal to the currently proposed rain garden area and volume. Therefore, relocation of the rain garden should not adversely affect the performance of the previously constructed stormwater management system. The previously approved invert and rim elevations are 932.57 and 930.15, respectively, for the outlet of the rain garden to be relocated. The currently proposed invert and rim elevations are 932.50 and 930.36, respectively. These changes should not have an adverse affect on the performance of the previously constructed stormwater management system. Erosion control should be provided for the proposed rain garden. I suggest covering the disturbed area with erosion control blanket. Sod is currently proposed for the rain garden. It also appears that a soil mixture is not proposed for the relocated rain garden. This is not acceptable based on the previously approved plans. The previously approved plans contain significant detail for rain garden soil mixtures, construction techniques, and vegetation (Landform plan sheets L2.1 and L7.1 dated 9/15/05). These details must be included in the revised plans. It appears that construction traffic will be able to enter and /or exit through two entrances to the site. However, only one rock construction pad is proposed. Construction traffic should be limited to one entrance /exit or two pads should be provided. "Inlet" protection should be provided for all curb cuts. I recommend use of snake snacks or compost bags that are laid on the pavement across the curb cut to block sediment transport. DISCUSSION 1) As one of the districts within the Mound Visions downtown redevelopment plan, the Lost Lake District is intended to accommodate a mix of uses, including attached residential housing, office and retail, in a pedestrian- oriented environment. The current Comprehensive Plan guides the Lost Lake District for Pedestrian District land uses and the Lost Lake District was rezoned from the B- 1 Central Business District to the PED -PUD Pedestrian Planned Unit Development District in May 2005. The applicant is proposing a commercial building that would accommodate retail and office uses, which is consistent with the uses intended for the Lost Lake District. 2) The original PDA -CUP for the Mound Visions Lost Lake District, which was approved in May 2005, planned for a 12,500 sq ft commercial building that would have been 2 -3 stories in height and accommodated multiple office and /or retail tenants. The original PDA -CUP redevelopment site plan located the commercial building up to the street (Shoreline Drive) and the "cornea" of the site with parking located to the side and rear of the building. The applicant is proposing a substantially smaller building based on the amount of parking that is available on the site. With the existing requirement that ten (10) of the site's parking spaces accommodate overflow parking from the adjacent residential townhome residents, the remaining parking spaces would only accommodate a smaller commercial building. 3) The Pedestrian District has specific parking standards that enable a more pedestrian- oriented environment as specified in City Code Section 350.651 Subd. 8. For example, the Pedestrian District does not have a required minimum number of parking spaces. The applicant is proposing a total of 35 parking spaces versus the original site plan's 36 parking spaces, distributed as follows: a. Tenant A (Caribou Coffee) — 15 spaces b. Tenant B (TBD) —10 spaces c. Overflow Residential Parking — 10 spaces 4) The applicant is proposing sod for the eight (8) ft wide area between the public right -of -way (sidewalk) and the surface parking lot, which is not acceptable for perimeter landscaping abutting a public right -of -way, and does not comply with the Mound Environmental & Appearance Model guidelines for parking lots adjacent to a public right -of -way. Bruce Chamberlain's comments under City Department / Agency Review provide guidance for replacing the proposed sod with landscaping. Improvements to the landscaping of this perimeter area are particularly important since the entire perimeter along Shoreline Drive is proposed as a surface parking lot rather than having the building located up to the street. In addition, the City's requirement of spacing boulevard trees at 40 ft ,m on- center would require six (6) trees along the boulevard, whereas, the applicant is proposing five (5) trees. 5) Hardcover for the proposed site plan would be 75.59 %. Maximum hardcover permitted in the Pedestrian District is 75% or as approved by the PUD. The proposed site plan represents an improvement over the original PDA -CUP site plan for the commercial building, which proposed a hardcover of 80 %. The proposed site plan shows the outdoor patio on the east side of the building constructed with pavers. Staff recommends that the applicant consider using pervious pavers for this patio, which allows up to an 85% reduction in the square footage calculation of hardcover. The use of pervious pavers may enable the applicant to reduce the hardcover to meet the 15% requirement. 6) The original commercial building site plan contained two (2) rain gardens, which have already been constructed by the developer: a larger one in the southwest corner of the site and a smaller one just to the east of the commercial building. The applicant is proposing to relocate the small rain garden approximately 35 ft to the east of the existing location. Extensions of stormwater pipe as required will connect the new areas with the existing areas. The applicant's proposed signage program includes the following: a. One freestanding monument sign structure accommodating two (2) smaller double -faced signs, one for each tenant, and located in the landscaped island in the middle of the parking lot area along Shoreline Drive. The sign structure is proposed to just under 6.5 ft in height, including a base constructed of synthetic stone veneer /vinyl shake siding and a trellis structure constructed of wood, which exceeds the maximum height standard for a freestanding sign in the Pedestrian District. b. Two (2) double- faced, internally lit directional signs to indicate the correct one -way drive -thru lane movement, with each sign face being 1.5 sq ft. c. Two (2) wall signs, consisting of applied letters and graphics, located on the north side (80.75 sq ft) and the east side (73.5 sq ft) above the two entrances to the store. The Pedestrian District sign standards allow one (1) wall sign per business. The size of these two (2) signs exceed the standards for wall signs in the Pedestrian District, which is 24 sq ft in area and letters /numbers /graphics that don't exceed 12 inches. The applicant is proposing letters that are 1' -7" in height and graphics /logos that are 2'- 8" in height. Both signs exceed the maximum area allowed. Staff questions whether the proposed wall sign for the east facade will actually * have visibility from Shoreline Drive. If not, Staff recommends that this wall sign be reduced in size to be more pedestrian- oriented rather than auto - oriented, since it's primary purpose will be for on -site visibility. d. One (1) window cabinet sign, internally illuminated, located next to the entrance facing Shoreline Drive that is 8.9 sq ft in area. The Pedestrian District sign standards allow one (1) window sign per business up to 4 sq ft in area. e. Three (3) LED "open" signs located in windows on the north, east and south sides of the building. f. Three (3) "logo" signs on the two entry doors and the awning over the drive -thru window on the rear of the building. -410- g. Two (2) wall signs for the western portion of the building are shown as general sign bands, on the north and west elevations. Future signage for Tenant B should be consistent with these signage bands as shown on the exterior building elevations plan. Any deviations from this plan would require the future tenant to gain approval of their signage program by the City. Overall, the applicant's sign program exceeds the sign standards established for the Pedestrian District, both in the number of signs and the size of the signs. The City reserves the right to control the hours that lighted signs shall be in operation. Lighted signs shall be turned off outside of business hours. As previously stated. a recent amendment to the City Code allows for approval of a comprehensive sign plan for projects in a Redevelopment Plan area. 8) City Code Section 350.730 requires that any lighting used to illuminate an off- street parking area, sign, or other structure, shall be arranged so as to deflect light away from any adjoining residential uses. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot - candles as measured from said property line. The submitted site lighting plan shows glare exceeding 0.4 foot - candles on some adjacent residential properties to the south and west. The applicant may have opportunities to relocate light pole fixtures along the drive -thru lane to locations that would reduce the glare on residential properties. 9) The Pedestrian District contains building facade requirements regarding window area ratios and material standards. The proposed building appears to meet the minimum window area ratio for the front facade of 45 -65 %. The material standards require the use of wood lap siding as the predominant exterior material for street - facing facades. Bulkheads may use wood, brick, stone or precast products. Window and siding trim may be a combination of wood materials. These material standards only apply to the street- facing facades of a building. The applicant is proposing a combination of vinyl lap siding, vinyl shake siding, Hardie panels, synthetic stone veneer, and Hardie trim. The proposed architecture for the commercial building is intended to complement the architectural character of the Villas on Lost Lake residential townhomes. Although the applicant's proposed materials are not consistent with the Pedestrian District building facade standards, the proposed vinyl, synthetic and Hardie materials are intended to look like the wood, brick and stone materials identified in the standards. Most importantly, the building should have architectural features and materials similar to the Villas on Lost Lake townhomes. 10)Staff suggests that trash / refuse pickup should be discussed with the applicant to ensure that the site is maintained in an orderly manner. RECOMMENDATIJDMS) Staff recommends that the Planning Commission recommend to City Council approval of the requested amendments to the original Mound Visions Lost Lake District CUP to allow construction of a one -story 3,033 sq ft commercial building, subject to the following conditions: 1) A shared parking agreement/easement shall be required between the residential homeowners' association and the commercial property owners to accommodate additional parking for events and gatherings. -411- 2) Since the building has been shifted away from the street and sidewalk, the site plan shall be modified to accommodate safe and convenient pedestrian access routes from the sidewalk to the building and through the parking lot, and shall be subject to review and acceptance by the City. 3) The applicant shall have the option to replace the existing decorative fence, which is 5 -6 ft in height with a similar style decorative fence that is 3-4 ft in height. 4) The perimeter area between the public right -of -way /sidewalk along Shoreline Drive and the surface parking area shall be landscaped rather than sodded to meet the guidelines of the Mound Environmental & Appearance Model, as described in Bruce Chamberlain's comments above. 5) A plan for maintenance /removal /pick -up /monitoring of trash /garbage on the proposed coffee shop area(s) shall be prepared to ensure that the site is maintained in an appropriate manner and shall be subject to the review and acceptance by the City. Staff recommends that the Planning Commission recommend to City Council approval of the requested CUP to allow drive -thru services on this property, subject to the following conditions: 1) Additional screening of the drive -thru service area shall be provided in the proposed sod area between the drive -thru lane and the adjacent residential uses. 2) Drive -thru speakers must not produce noise that exceeds 75 dBA as measured five (5) feet from the speaker. 3) Drive -thru services shall not be operated between the hours of 10 p.m. and 6 a.m. unless alternate hours are approved by the City Council as part of the conditional use permit. Staff recommends that the Planning Commission recommend to City Council approval of the requested comprehensive sign program for this property, as part of a .` Redevelopment Plan, subject to the following conditions: 1) The LED "open" sign and the "logo" sign proposed for the rear of the building shall be removed from the signage program, since it faces adjacent residential uses. -412- II II II I II II II I II II I I I .1 II II I I I I I II I II II II I II II II II I II II u I II II II II II II II I II II II I II II II I II fl II II II II II - -lJ I II II II II II it II II c a J. � F,j �Ik N e ' —413 E II I II 47 II II II II 11 II I II II {I II I II 11 II II II II II � II g} W o 0 � N ono H, N e ' —413 E II I II 47 II II II II 11 II I II II {I II I II 11 II II II II II � II g} � �eejjj� 0 N -91 11 z U) N a$� o 0- W J to h ZO-t ; w .8-,4 v ocn w Jm � x:; z• W J m az W _ Ai ?'! <' 10 f7 J LL .9-.0 zg b $o dd� ZO � X rn 6 y ZQ R m a W ' r 0 Q Z ] 3z WQ m U W W f c LL V iy 0 O U l0 N W U) — 1� -414 .. Iq .849-.9 1 "� l= • OF' 'I AL TO: Mayor Mark Hanus and City Councilors City Manager Kandis Hanson FROM: Greg Pederson, Safety Committee Chair Safety Committee SUBJECT: City of Mound Safety Program DATE: February 19, 2009 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com The City of Mound, in conjunction with SafeAssure Consultants, Inc. has developed a comprehensive city wide safety program for all of its employees. This safety program is designed to create a safe work environment for all employees, and meet all of the current Occupational Health and Safety Act (OSHA) requirements. The City of Mound Safety Program includes well written safety policies and procedures, training initiatives that emphasize safe work place practices, and all of the necessary programs to meet OSHA requirements or standards. This safety program also helps facilitate an active Safety Committee within the city. The Safety Committee for the City of Mound meets regularly throughout the year (a copy of the 2009 safety training and meeting calendar is attached) and includes a representative from various departments. The safety committee recommends that the Mayor, the City Councilors and City Manager all support the comprehensive safety program. We ask that you formally adopt this safety program by signing and dating the Policy Statement which is kept within the City of Mound Safety Program Manual. Thank you for your support of this program. City of Mound Safety Committee NOTE: the City of Mound Safety Program Manual includes over 200 pages of documents and is available for your review in either printed copy or electronically if you would like to see the contents of entire program. nrintM nn rarycled paper -415- THE CITY OF MOUND SAFETY PROGRAM POLICY STATEMENT The City of Mound Management realizes that it has the responsibility to provide safe work places for its employees, and safe environments for its citizens. Each employee must pursue the highest standards in his or her assigned activities, and all city employees must recognize that the wellbeing of persons and the protection of our physical resources are as important as the activity and work being performed. The City of Mound has established a Loss Control Management Program meeting the requirements of the AWAIR Program (MN Statute 182.653). The city expects its management, supervisors and employees to respond to all planned safety efforts and to perform their assigned jobs in the safest possible manner. The Safety Coordinator will be assigned the responsibility of implementing, organizing and maintaining the overall Loss Control Management Program. The Safety Coordinator will be our personal representative and will be responsible for the staff direction and administration of our safety program. The Safety Coordinator will submit an annual report to the City Council, by department, of the status of the safety program. All other reports that relate to this program will be directed to the City Council. In addition, a Safety Committee is to be created to investigate major losses, loss trends, assign task force committees and to conduct other assigned activities. This committee will be made up of a manager and/or supervisor from each major area of responsibility within the city, and a non - management employee from each major area in the city. Each city department -head will be responsible for the safety and wellbeing of the workers in his/her department as well as the repair and maintenance of facilities and equipment in his /her area of responsibility. Each city employee will complete their assigned tasks in a safe fashion based on the training they received, the city safety rules, OSHA standards, good safety practices and any other appropriate guideline. The City of Mound is committed to doing all in its power to make its Safety Program and Safety Committee a success, and expects all city employees to assist in this effort by contributing expertise and by following all established rules and procedures. The City of Mound recognizes its obligation to provide the safest possible working conditions for its employees, a safe environment for its citizens, and in the event of an accident, to provide prompt first aid and medical care to minimize personal injuries. This requires a safety program whereby: (1) our employees will be provided proper personal protective equipment and job instruction; (2) their work practices will be frequently reviewed; and (3) most important, their work performance will be supervised. The safety program will provide for the establishment of job safety training, minimum job safety requirements, investigation and reporting of accidents, and a health program. I request each department head to implement and aggressively support our safety program. All heads of departments and all supervisors will be responsible for the actions of their employees. All employees will be expected to follow safe practices, to obey safety rules, and to help generally in the program of the Safety Coordinator. We all must make every effort to reduce the burden of accidents. Signed this 24th day of February, 2009. The City of Mound, Minnesota. Signed: 3 Mayor Mark Hanus -416- Reviewed/ Modified Feb. 19, 2009 w w rikl 'z W i ++i E t z- W .r1 W 1 9 pLL. U. Q LL 2 p�.I Ci z Q O J Z spa L71 w O J O J K O J O J �� "rock,, o5cb� a awcvoi a �� d M "t>' z oz oz �z w oz uj � o tttq� 0 t�� ag o C O N� O C N Q E O O C O O w 3 Q) Q ce o Q. Q a.. VI fD g Q U `8 C 0) L = Q W m In ! ce �O Ln� w O O (U d C w C O �J � O VlQoccn W )O LU ~ ° w _ Ln (n (i 0U LA w C In a U N N j Il Ln Ln In • • • • ■ Ean n a a n a �o,g E M n [ .,� E . -M E M' E M E m E M E EE °� E °� E a a O `ppa n rn ti iri H ti ;4 i i 4 "aFr a ' ' o Y* v G uj w ; 1 I Q¢c * 'N. Qw W W QW LL' w k itt �l' L V. VI In V{ d N a N w g b O Jm — z a a Oz Z. O O � W O a � Z a Z Z ^ W z'"w t. 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N� H (O.1 N r, It nib N 00 cm _ f JJ Ll N • lA 01) LL -417- f�ciitn�ltty -�, �.: �; i AGREEMENT FOR PROFESSIONAL SERVICES 0 CONSULTING CITY ENGINEERING SERVICES CITY OF MOUND, MINNESOTA This Agreement, made this day of , 2009, by and between the City of Mound, Minnesota, 5341 Maywood Road, Mound, MN 55364 -1687, hereinafter referred to as CLIENT, and Bolton & Menk, Inc., 2638 Shadow Lane, Suite 200, Chaska, MN 55318 -1172, hereinafter referred to as CONSULTANT. WITNESS, whereas the CLIENT requires professional engineering and surveying services in association with providing Consulting City Engineering Services and whereas the CONSULTANT agrees to furnish the various professional services required by the CLIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: SECTION I - CONSULTANT'S SERVICES A. The CONSULTANT agrees to perform professional engineering and surveying services as described in Exhibit I. 0 B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described in Exhibit I or as described in Paragraph N.B. • SECTION II - THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, abstracts, deed descriptions, the maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CLIENT will assist the CONSULTANT in determining the extent to which the information provided may be relied upon to perform CONSULTANT'S services. C. The CLIENT will work with the CONSULTANT to obtain entry upon both public and private lands effected by and associated with CONSULTANT'S services. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in CONSULTANT'S services. Page 1 of 11 -419- E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to CONSULTANT'S services. F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of CONSULTANT'S services. G. The CLIENT will work with the CONSULTANT as needed to apply for any and all regulatory permits required for the proper and legal execution of CONSULTANT'S services. H. The CLIENT will hire, when requested by the CONSULTANT, an independent testing company to perform laboratory and material testing services, and soil investigation that can be justified to complete a proper design and the CONSULTANT'S services. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. SECTION III - COMPENSATION FOR SERVICES A. COMPENSATION CHARGE METHODOLOGY: Compensation for all services performed by the CONSULTANT on behalf of the CLIENT in accordance with Exhibit I will be on an hourly basis in accordance with the 2009 Billing Schedules included below. B. HOURLY BILLING SCHEDULES: 2009 Hourly Billing Schedule For Key Mound Staff Key Individual* H Dan Faulkner, Consultant City Engineer ........................ Dan Lonnes, Assistant Consultant City Engineer ............ Primary Resident Project Representative (RPR) .............. John Swanson, Senior Project Engineer ........................... Nate Stadler, Licensed Surveyor ....... ............................... Dave Poggi, Design Engineer ............ ............................... curly Rate Special Rate ** $ 142 $ 65 $ 105 $ 55 $ 82 $ 55 $ 122 $ 110 $ 97 * Any modifications to the list of Key Individuals prior to the end of contract period shall be approved by the CLIENT. * *Applies to non - project related general city engineering services: Dan Faulkner — first 20 hours per month Dan Lonnes — first 10 hours per month Primary RPR — first 10 hours per month *** The CLIENT must approve the Primary RPR to be used by the CONSULTANT Page 2 of 11 -420- 2009 Hourly Billing Schedule For General Staff The hourly rates identified herein include labor, general business and other normal and customary expenses associated with operating a professional business and include vehicle and personal expenses, mileage, telephone, cell phone, survey stakes and routine expendable supplies; and no separate charges will be made for these activities and materials. Extraordinary expenses beyond the agreed scope of services and non - routine expenses, such as outsourced photocopying/reproductions, out - sourced graphics, document recording fees, and permit fees will be pre- approved and invoiced separately. C. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates and methodology. SECTION IV - GENERAL A. STANDARD OF CARE Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar conditions. Page 3 of 11 -421- Principal Engineer /Surveyor ................................. ............................... Senior Associate Engineer/ Surveyor ..................... ............................... $130- 175/Hour $110- 150/Hour Senior Project Manager / Engineer .......................... ............................... $100- 145/Hour Associate Engineer/ Surveyor ................................ ............................... $85- 140/Hour Project/Design Engineer ........................................ ............................... $70- 105/Hour Licensed Surveyor ................................................. ............................... $90- 120/Hour ProjectSurveyor .................................................... ............................... $55- 95/Hour Senior Technician .................................................. ............................... $65- 115/Hour Technician............................................................. ............................... $50- 85/Hour Resident Field Technician ..................................... ............................... $50- 85/Hour Clerical.................................................................. ............................... $40- 65/Hour City Council Meetings/Planning Commission Attendance .................. $60/1V4eeting GPS/Robodc Survey Equipment .......................... ............................... No Charge ComputerTime ..................................................... ............................... No Charge OfficeSupplies ...................................................... ............................... No Charge Photocopying........................................................ ............................... No Charge FieldSupplies ....................................................... ............................... No Charge Mileage.................................................................. ............................... No Charge Hourly charges for work completed are based on hours spent at the hourly rates in effect for the individuals performing the work. The hourly rates vary according to skill and experience. The Hourly Billing Schedules identified herein shall apply for the period through 2009. These rates may be adjusted annually thereafter to account for changed labor costs, inflation or changed overhead conditions. The hourly rates identified herein include labor, general business and other normal and customary expenses associated with operating a professional business and include vehicle and personal expenses, mileage, telephone, cell phone, survey stakes and routine expendable supplies; and no separate charges will be made for these activities and materials. Extraordinary expenses beyond the agreed scope of services and non - routine expenses, such as outsourced photocopying/reproductions, out - sourced graphics, document recording fees, and permit fees will be pre- approved and invoiced separately. C. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates and methodology. SECTION IV - GENERAL A. STANDARD OF CARE Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar conditions. Page 3 of 11 -421- B. CHANGE IN SERVICE SCOPE In the event the CLIENT changes or is required to change the scope of the CONSULTANT'S services as described in Section I and/or the applicable addendum, and such changes require Additional Services by the CONSULTANT, the CONSULTANT shall be entitled to compensation at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such additional services. The CLIENT may request an estimate of additional cost from the CONSULTANT, and upon receipt of the request, the CONSULTANT shall furnish such, prior to authorization of the changed scope of work. C. MUTATION OF LIABILITY CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials, agents and employees from any loss, claim,, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligence act or omission by CONSULTANT'S employees, agents, or subconsultants. In no event shall CLIENT be liable to CONSULTANT for consequential, incidental, indirect, special, or punitive damages. CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligence act or omission by CLIENT'S employees, agents, or consultants. In no event _ shall CONSULTANT be liable to CLIENT for consequential, incidental, indirect, special, or punitive damages. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this Agreement are being performed solely for the CLIENT'S benefit and no other entity shall have any claim against the CONSULTANT because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of the paragraph. D. INSURANCE The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage. The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, general liability insurance coverage insuring CONSULTANT against claims for bodily injury, death or property damage arising out of CONSULTANT'S general business activities (including automobile use). The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $1,000,000. During the period of service provision, the CONSULTANT also agrees to maintain, at CONSULTANT'S expense, Professional Liability Insurance coverage insuring CONSULTANT against damages for legal liability arising from an error, omission or negligent act in the performance of professional services required by this agreement, providing that such coverage is reasonably available at commercially affordable premiums. For purposes of this agreement, "reasonably available" and "commercially affordable" shall mean that more than half of the design professionals practicing in this state in CONSULTANT'S discipline are able to obtain coverage. The professional liability insurance policy shall provide coverage for each occurrence in the amount of $1,000,000 and annual aggregate of $1,000,000 on a claims -made basis. In addition, the consultant shall name the CLIENT an additional insured and maintain this status during the term of this Contract. Page 4 of 11 -422- The CONSULTANT shall provide CLIENT with certificates of insurance, showing evidence of required coverages. 0 E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of construction cost will generally be based upon public construction cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the CLIENT and the CONSULTANT does not warrant or guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project financing should be based upon contracted construction costs with appropriate contingencies. F. CONSTRUCTION SERVICES It is agreed that the CONSULTANT and its representatives shall not be responsible for the means, methods, techniques, schedules or procedures of construction selected by the contractor or the safety precautions or programs incident to the work of the contractor. G. USE OF ELECTRONIC/DIGITAL DATA Because of the potential instability of electronic /digital data and susceptibility to unauthorized changes, copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by CONSULTANT. Except for electronic /digital data which is specifically identified as a project deliverable by this AGREEMENT or except as otherwise explicitly provided in this AGREEMENT, all electronic /digital data developed by the CONSULTANT as part of the CONSULTANTS services are acknowledged to be an internal working document for the CONSULTANT'S purposes solely and any such information provided to the CLIENT shall be on an "AS IS" basis strictly for the convenience of the CLIENT without any warranties of any kind. As such, the CLIENT is advised and acknowledges that use of such information may require substantial modification and independent verification by the CLIENT (or its designees). Provision of electronic /digital data, whether required by this Agreement or provided as a convenience to the Client, does not include any license of software or other systems necessary to read, use or reproduce the information. It is the responsibility of the CLIENT to verify compatibility with its system and long -term stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from third party use or any adaptation or distribution of electronic /digital data provided under this AGREEMENT, unless such third party use and adaptation or distribution is explicitly authorized by this AGREEMENT or subsequent agreement(s). H. REUSE OF DOCUMENTS Drawings and Specifications and all other documents (including electronic and digital versions of any documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are instruments of service in respect to the Project and CONSULTANT shall retain an ownership interest therein. Upon payment of all fees owed to the CONSULTANT, the CLIENT shall acquire an ownership interest in all identified deliverables, including Plans and Specifications, for any reasonable use relative to the Project and the general operations of the CLIENT. CLIENT may make and disseminate copies for information and reference in connection with the use and maintenance of the Project by the CLIENT. However, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project and any reuse other than that specifically intended by this AGREEMENT will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT. Page 5 of 11 -423- I. CONFIDENTIALITY CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than CONSULTANT'S employees and subconsultants any information obtained from CLIENT not previously in the public domain or not otherwise previously known to or generated by CONSULTANT. These provisions shall not apply to information in whatever form that comes into the public domain through no fault of CONSULTANT; or is furnished to CONSULTANT by a third party who is under no obligation to keep such information confidential; or is information for which the CONSULTANT is required to provide by law or authority with proper jurisdiction; or is information upon which the CONSULTANT must rely for defense of any claim or legal action. J. PERIOD OF AGREEMENT This Agreement will remain in effect for a period of three (3) years or after which time the Agreement may be extended upon mutual agreement of both parties. K. PAYMENTS If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days after date of the CONSULTANT'S invoice, a service charge of one and one -half percent (1.5 %) per month or the maximum rate permitted by law, whichever is less, will be charged on any unpaid balance. In addition after giving seven days' written notice to CLIENT, CONSULTANT may, without waiving any claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT, suspend services and withhold project deliverables due under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges. L. TERMINATION In addition to the right of termination granted client in paragraph SA. this Agreement may be terminated by either party for any reason, which reason shall be deemed legally sufficient, or for convenience by either party upon thirty (30) days written notice. In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination, computed in accordance with Section III of this Agreement. M. CONTINGENT FEE The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from award or making of this Agreement. N. NON - DISCRIMINATION The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants and vendors are treated Page 6 of 11 -424- without regard to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital status, public assistance status or any other characteristic protected by federal, state or local law. O. CONTROLLING LAW This Agreement is to be governed by the law of the State of Minnesota. P. DISPUTE RESOLUTION CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall first be submitted to mediation by a mediator mutually agreeable to the parties.. CONSULTANT and the CLIENT agree to require an equivalent mediation process governing all contractors, sub - contractors, suppliers, consultants, and fabricators concerned with this contract. The parties reserve all rights and remedies available to them at law or in equity in the event the dispute is not resolved by mediation. Q. SURVIVAL All obligations, representations and provisions made in or given in Section IV of this Agreement will survive the completion of all services of the CONSULTANT under this Agreement or the termination of this Agreement for any reason. R. SEVERABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. S. ADDITIONAL TERMS AND CONDITIONS 1. The CONSULTANT shall not assign any interest in this contract and shall not transfer any interest in the same without prior written consent of the CLIENT. 2. For the purposes of this agreement, the CONSULTANT shall be deemed to be an independent contractor and not an employee of the CLIENT. Any and all agents, servants or employees of the CONSULTANT or other person, while engaged in the performance of any work or services required to be performed by the CLIENT under this agreement, shall not be considered employees of the CLIENT and any and all actions which arise as a consequence of any act or omission on the part of the CONSULTANT, its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the CLIENT. The CONSULTANT, its agents, servants or employees shall be entitled to none of the rights, privileges or benefits of the CLIENT employees, except as otherwise may be stated herein. 3. The CONSULTANT further agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the CONSULTANT'S performance of the provisions of this agreement. 0 4. If, for any reason, the CONSULTANT shall fail to fulfill in timely and proper manner the Page 7 of 11 -425- obligations under the contract, the CLIENT shall reserve the right to terminate the contract by specifying the date of termination in a written notice to the CONSULTANT at least thirty (30) calendar days before the termination date. In this event, the CONSULANT shall be entitled to just and equitable compensation for any satisfactory work completed. 5. No official or employee of the CLIENT who exercises any responsibilities in the review, approval or carrying out of the contract shall participate in any decision which affects his or her direct or indirect personal or financial interest. 6. Books, records, documents and accounting procedures and practices of consultant (with regard to this contract) are subject to examination by the CLIENT, and the Legislative Auditor, or State Auditor as appropriate. (The balance of this page has been left blank intentionally) Page 8 of 11 -426- • • SECTION V - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: City of Mound, Minnesota CONSULTANT: Bolton & Menk, Inc. By: By: 0, - f J"..- 4, Printed Name: Printed Name: Kv-BG, Title: Title: Py_�? I Ufit, ©4- 6 -C lkla-' c.' Date: Date: 2 1 Q) b Attest: Attest: Printed Name: Printed Name: �- Title: Title: ,4i"9i 0r // 111147 1? 1!0 Date: Date: Page 9 of 11 -427- • Storm water system analysis and Management Plan • Capital Improvement Planning studies • Prepare comments regarding reports, plans and studies of other agencies • Present feasibility studies at public meetings D. Participate in City meetings, including: • Internal and external meetings involving engineering questions and issues • Meet with developer and members of the public on proposed development projects, in order to relate the processes and procedures involved with engineering and infrastructure development. Review development proposals for conformance with City Standards • Act as City liaison and City representative with other communities and county, state and federal agencies in areas of responsibility • Attend City Council meetings and work sessions, as needed • Attend Parks, Open Space and Docks Advisory Commission, and Planning Commission meetings, as needed • Attend other City meetings, as needed E. Respond to Constituent Requests and Issues as Directed by Staff • Perform field inspections • Address constituent concerns personally and in writing • Make public presentations • Provide recommendations to staff and City Council Page 11 of 11 NHON EXHIBIT I CONSULTING CITY ENGINEERING SERVICES CITY OF MOUND, MINNESOTA In accordance with the Request for Proposals dated October 14, 2005, the CONSULTANT will furnish the following Consulting City Engineering Services, as requested and authorized by the CLIENT: A. General and Project Management • Assist in planning, coordinating, supervising and evaluating programs, plans, services, equipment and infrastructure • Develop and recommend policies and procedures for effective operation of the department consistent with city policies and relevant laws, rules and regulations and ensures council actions are implemented. • Evaluate public works needs and formulates short and long range plans to meet needs in all areas of public works improvements, including but not limited to streets, water, sewer, storm drainage, street lights, parks and buildings • Direct engineering activities on projects and oversees project management for the construction of the municipal public works projects • Ensure that costs and fees are charged back to development projects; work with the Finance Director to monitor charges and revenues associated with development proj ects • Assist with the preparation of annual engineering budget and monitors expenditures B. Construction Services (Public and Private Projects) • Plan and review construction projects and specifications • Monitor the construction process for compliance with codes, regulations, standards and with approved plans; assure financial accountability of private projects as they relate to escrows and letters of credit. Provide advice to the City during performance of construction projects and shall give consideration and advice to the City during the performance of services • Prepare and review construction plans • Review bids and prepare bid tabulations • Perform construction staking and surveying C. Preparation of Engineering Reports and Technical Correspondence • Determine the need for preliminary studies, reviews all preliminary studies for compliance with ordinances, comprehensive plans, engineering standards and financial guidelines including: • Feasibility reports • Construction inspection • Assist with assessment rolls • Plat review • Utility studies • Traffic studies • State aid reports Page 10 of 11 -429- BO L_-i'ON & M r-= N K , I NG. Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318 -1172 Phone (952) 448 -8838 • FAX (952) 448 -8805 December 20, 2007 City of Mound Attn: Ms. Kandis Hanson 5341. Maywood Road Mound, MN 55364 RE: 2008 Professional Engineering Services Dear Ms. Hanson: We are pleased to once again offer professional engineering services to the City of Mound MY 2008 in accordance with the attached Fee Schedule. We look hack at 2007° "with' great satisfactibli on the important projects we were able to complete with you and your staff at the direction of the City Council. I have every confidence that our long -term knowledge of the Community and understanding of the City's needs coupled with cooperation and hard work will result in the successful completion of the projects identified by the City for 2008. For 2008 we are anticipating the need for a construction season maximum of 40 employees to fully serve your needs and those of our Chaska office client base. Overall, we are pleased to inform you that the aggregate rate increase for our office in 2008 will be limited to 3.6 %.. I would like you to note that this increase when combined with the 1.1 % aggregate rate increase in 2006 and 1.7% aggregate rate increase in 2007 leads to a combined 3 -year average rate increase of only Z1%. Moreover, it is my pleasure to inform you we are able to continue the municipal discount offered in 2007 for the same number of hours and at the same hourly rate as offered in 2007. This discount applies to key staff members working within your Community on day -to -day general engineering items and tasks not related to specific city projects or private development projects. These fees are generally paid out of the City's "General Fund ". As such, it is our hope this municipal discount continues to minimize the engineering impact on the General Fund. Further, we have not changed our practice of not charging for City Council and Planning Commission meeting attendance. Moreover, in order to further simplify our invoicing process, we are pleased to inform you we will be eliminating the $55 per hour charge for GPS Robotic Equipment. Finally, please note our project design fees for 2008 city projects will also remain unchanged from 2007. The fee structure items identified above reflect., ur cositinued commitment to provide you high. quality and full service municipal engineering services with increasing value and efficiency.. Please review the attached information and contact me with any questions you may have. We are committed to providing you with the superior service you expect and require. Respectfully Submitted, BOLTON & MENE, INC. Kreg J. Schmidt KJSIkj s MANKATO, MN • FAIRMONI MN • SLEEPY EYE, MN • BURNSVILLE, MN • CHASKA. MN • WILLMAR, MN • RAMSEY, MN • AMES, IA www.bolton- menk.com An Equal C-430 -`y Employer Proposed 2008 City of Mound Fee Schedule 20- Dec -07 Staff Position Experience (Years) 2007 Hourly Rates ($ /hr unless otherwise noted)* 2008 Hourly Rates ($ /hr unless otherwise noted)* Principal Engineer/ Surveyor $130.$165 $130 - $175 Senior Associate Eng. / Surveyor $110-$140 $110-$150 Associate Engineer/ Surveyor $85-$130 $85-$140 Senior Project Manager / Engineer 10+ $100-$135 $10()-$140 Dan Faulkner: 34 * *First 20 hrs /month @ $65 1hr * *First 20 hrs /month @ $65 1hr Project / Design Engineer $70-$105 $70-$105 Don Lonnes: 9 * *First 10 hrs /month @ $55 1hr * *First 10 hrs /month @ $55 1hr Licensed Surveyor $90-$115 $90-$120 Project Surveyor $55-$75 $55-$90 Senior Teehriiciarr 10+ $65 -$110 Technician $50-$80 $50-$85 Resident Field Technician $50-$80 $50-$85 Clerical $40-$65 $40-$65 City Council Meeting / Planning Commission Attendance No Charge No Charge Municipal Project Design Fee - Final Plans and Specifications (Well Defined Scope) 6% 6% Municipal Project Design Fee- 1 Plans and Specifications to Aid Project) 8% 8% Additional ]terns: GPS Robotic Equipment $45 - $70/ Hour No Charge Computer Time No Charge No Charge Office Supplies No Charge No Charge Photo Copying No Charge No Charge Field Supplies No Charge No Charge Mileage No Charge No Charge Notes: . *City Hourly Rates Apply To Hourly Services Completed On Behalf Of The City For Municipal Projects. "Applies To Non - Project Specific, General Day -To -Day City Engineer Related Work Items and Tasks. • -431- Vf OJ N C O. X W ta L C C W 0 G 00 p � N �` fd � 0 O m ca Q O C GJ -432- u m oLno�00000Ln0000000000�f� Ln o N 0 m 0 0 0 0 0 m 0 0 o Ln Ln 0 o 0 o 0 tD m � O (.0 O (Yi O 00 M tD tD 00 O tD O c'M 01 N Ln 0 00 t0 f-Z Ln f-z O 0) N M f% O 00 0) N lD tD N r-I 0) e-I M r-I 00 N M 0) 0) to 00 N 00 N O Lr 00 Oi N Ln t0 00 r"i N Ln N m N 0 * O f t N 00 C M 00 M tD O N 00 M ri 1, Ln M M r-I tD 0) U) Lf� tD m tit cri G O N LD 00 (D O 00 N N M r-q m N CD e-1 N r-q N E Q V). V1 V} 111. V} V) O V1 V} V} V�- V} V4 V1• V? V} V} V} V1 V} V? V} E t/? t1) m N > a) O O ° v s a" u L .;,- l/ 1 H ut U = O U O LOL. 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CL a 3 3 3 3 In "1 (A Ln 3 3 U. o m + ca N + m m ca fa 4) N Q1 4J E E E We) N N 47 p a a a i! a ± a F+ a �+ a N ul Ln L o L 0 L 0 r L V U U U U U U N to N v aJ v 4+ 00, O ON Ln N Y C v N N Ln Ln tC lD tD N tD t0 0 C Cr-1 r-I r-I r-4 r-1 r•i r-I r-I ri N N N N Ln Ln Ln e\-I e\-1 N N O O O o 0 0 0 0 0 0 0 0 0 0 0 n f" N O O\ O O L O LL ri �' d' Ct t tD LD tD to tD tD LD LD \ m O uu W � O O O O r-I r-I l0 t0 .ia -432- u m • 5341 Maywood Road Mound, MN 55364 (952)472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: February 18, 2009 Re: Tree City USA Presentation from John Lloyd and Discussion Background Staff, including City Manager Hanson, Parks Superintendent Fackler and myself, has met with John Lloyd in recent months regarding community and volunteer interest in the Tree City USA program and possible participation by the City of Mound. Details regarding the Tree City program and proposal are contained in Mr. Lloyd's memorandum dated February 18, 2009 and supporting documents. Discussion • At present, there is no City budget for the Tree City program. Due to current budget constraints, the City's ability to include and /or allocate dollars for this project in the 2010 budget will need to be discussed. • Review /discussion regarding this proposal by the Parks and Open Space Commission may be helpful. • The involvement of community volunteers and interested persons regarding the City's community forests and trees is commendable. • Participation in the Tree City program may make grant programs more readily accessible to the City. • Staff will provide further comments on this proposal at the meeting. • Staff supports a phased approach for the project, if undertaken. However, the 2009 proposed schedule appears to be ambitious especially if input from the Parks and Open Space Commission is requested. Recommendation Staff respectfully requests direction from the City Council regarding this program. -433- MEMORANDUM To: Honorable Mayor and City Council From: John Lloyd Date: 2/18 /2009 Re: Making Mound the First Tree City USA on Lake Minnetonka City Council Overview An opportunity exists for the City to partner with local volunteers and private businesses to create a one of a kind City tree program that will culminate with the granting of official Tree City USA status by the US Forest Service and National Arbor Day Foundation in 2011. Specifically, we are interested in providing a proposal to the City Council to seek non - financial support for the initiative and to request direction for City involvement. Background There are currently no Tree City USA communities in the west metro of the Twin Cities outside of Chanhassen and Waconia, MN. Mound has the opportunity to be the only current and the first Tree City USA recognized community on Lake Minnetonka. Tree City USA status assists the City in acquiring federal, state and organizational grant funding to support site planning, tree planting, tree maintenance and hazard tree abatement programs for trees on community owned and partner properties. Tree City USA status also provides external benefits for business relationships, home values, and quality of life issues such as health and fitness (Refer to handouts). Many private residential volunteers with years of service in urban and community forestry live in and around the City of Mound and have active interest in volunteering time, labor and equipment to create a foundation for creating a Tree City USA program for Mound. In addition, the Urban Forestry Institute, headquartered in Minnetonka, MN, would like to use Mound as a "Model Community "for creating, developing and maintaining private and public partnerships for managing community forests. Subject Area Details Establish Baselines: Assess tree species, size, location and quality on City and affiliated properties. Utilize Global Positioning Systems (GPS) and Geographical Information Systems (GIS) with ArborVue software to catalog all trees. Establish value of trees in the City of Mound. Tree Ordinance: Review, revise and resubmit current ordinances in line with Tree City USA standards. -434- Develop Funding Relationships: Is Create new funding programs such as: Mound Legacy Tree adoption or planting program Partner with other civic organizations (ie. Rotary Tree Trust) Revisit licensing fees and other forms of maintenance funding Private endowments Partner with existing programs such as: Minnesota DNR - wetlands and shoreland management Lake Minnetonka Watershed Association Minnehaha Creek Watershed Association Upper Mississippi Watershed Association Create a mechanism for $2 per capita investment required by Tree City USA Examine current investments Measure in -kind contributions from private sources Create additional non tax -based revenue streams • Create a City Commission for Management of City Trees: Identify community volunteers Create some sort of a cost share "City Forester" position Project Financing Creation of this program will be independent of City tax based funding. Staff time will be used sparingly and efficiently in line with current responsibilities. Volunteers with the Urban Forestry Institute will coordinate the majority of the efforts. Discussion 1) Volunteers in cooperation with the Urban Forestry Institute and Planning and Parks Departments will identify all City property to be cataloged (by March 25) 2) Tree ordinances will be revised for review by Planning and Parks (by April 25) 3) Businesses, schools, churches and other non -City entities will be solicited for inclusion in City tree inventory (by April 25) 4) City Tree Inventory will begin (May 1 through November 1, 2009) 5) Identify action items for 2011 application for Tree City USA accreditation (May 15) 6) Provide bi- monthly action updates to Council and Commissions Action Items for City Council Discussion /action is needed to authorize City staff to work with volunteers and private entities to create and follow a work plan for making Mound the first Tree City USA on Lake Minnetonka. Discussion /action is needed to facilitate efforts most efficiently through current City Departments and Commissions. • Page 2 -435- — = -= -What -T- - ty USA? at whordavaorg: cart I wish list sign in 1qArborVaxEmw&_flW �ctt bra c a+r� Paged -0f_1_ You are here: Home Programs Tree City USA What is Tree City USA? What is Tree City USA? The Tree City USA® program, sponsored by the Arbor Day Foundation in cooperation with the USDA Forest Service and the National Association of State Foresters, provides direction, technical assistance, public attention, and national recognition for urban and community forestry programs in thousands of towns and cities that more than 120 million Americans call home. The many benefits of being a Tree City include creating a framework for action, education, a positive public image, and citizen pride. Read more about the benefits of becoming a Tree City. Did you know? There are 3,310 communities that are currently a Tree City USA. There are 534 communities that received a Growth Award. Over 120 million people live in a Tree City USA. More Information Call: 402- 474-5655 Monday — Friday 8:oo AM to 5:00 PM CST Tree City USA is supported by the USDA Forest Service Urban and Community Forestry Program. 1- 888 -448 -7337 1 donate now ( privacy I about us ( contact us I site map I your state http://www.arborday.org/programs/treeCityUSI-436-.cfrn 2/19/2009 • • • Tree- Ciiy-USAS_tandards-at-arborda -org_ -_ - _ _Fage3 -of2_ cart I wish list si n in W inspire lc to plant, Aft ` I o, ate. You are here: Home Programs Tree City USA —. Standards Tree City Standards The Four Standards of a Tree City USA To qualify for Tree City USA, a town or city must meet four standards established by The Arbor Day Foundation and the National Association of State Foresters. These standards were established to ensure that every qualifying community would have a viable tree management plan and program. It is important to note that they were also designed so that no community would be excluded because of size. 1. A Tree Board or Department 2. A Tree Care Ordinance 3. A Community Forestry Program With an Annual Budget of at Least $2 Per Capita 4. An Arbor Day Observance and Proclamation Photo by Paul Collins http: / /www.arborday .org/programs /treeCityUS�- 437 - trds.cfin These standards were established to ensure that every qualifying community would have a 2/19/2009 cart I wish list I sign in '.e lus�aiie ardent, �„ t� try, You are here: Home Programs — Tree City USA — Benefits of Being a Tree City Tree City Benefits Every community, regardless of size, benefits in different ways from being a Tree City USA. Reports of these benefits have reached The Arbor Day Foundation through the years and are summarized below in six general categories: Framework for Action Meeting the four standards for becoming a Tree City USA provides initial direction for an urban or community forestry program. Like the first rungs on a ladder, the standards help get a community started toward annual, systematic management of its tree resources. Education Education begins with discussion of the standards and getting organized to apply for Tree City USA status. It continues as the desire for Tree City USA recognition leads to contacts with the state forester's staff. In turn, this can set in motion aid from a variety of professionals in the form of technical advice, literature, films, and other assistance. Public Image A community's public image is a very real phenomenon and important in many ways. Being a Tree City USA helps present the kind of image that most citizens want to have for the place they live or conduct business. The Tree City USA signs at community entrances tell visitors that here is a community that cares about its environment. It is also an indication to prospective businesses that the quality of life may be better here. It has even been known to be a factor in where meetings or conferences have been held. This reason alone caused a motel owner to start action for his community to join the network! http: / /www.arborday .org/programs /treeCityUS�- 438 - its.cfm 2/19/2009 — __ - Benefit"facing- Ord rg • • Citizen Pride Pride is sometimes a less tangible benefit. Gaining and retaining Tree City USA recognition is an award to the tree workers, managers, volunteers, tree board members and others who work on behalf of better care of a community's trees. Non - involved citizens, too, often share a sense of pride that theirs is a Tree City USA. This may translate to better care of trees on private property or a willingness to volunteer in the future. Financial Assistance Page 2 of_.3__ - - - -- 1-888 -448 -7337 i donate now J privacy I about us contact us j site map ( your state Preference is sometimes given to Tree City USA communities over other communities when allocations of grant money are made for trees or forestry programs. The reason is that there are invariably more requests than available funds when grants are available through state or federal agencies. If requests are equally worthy, some officials tend to have more confidence in communities that have demonstrated the foresight of becoming a Tree City USA. Publicity Presentation of the Tree City USA award and the celebration of Arbor Day offer excellent publicity opportunities. This results not only in satisfaction for the individuals involved and their families, but also provides one more way to reach large numbers of people with information about tree care. As one forester put it, "This is advertising that money can't buy — and it is free!" More Read our list of 15 reasons to become a Tree City. More Information Call: 402-474 -5655 Monday — Friday 8:oo AM to 5:00 PM CST Tree City USA is supported by the USDA Forest Service Urban and Community Forestry Program. http: / /www.arborday .org/programs /treeCityUSY- 439 -its.cfrn 2/19/2009 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Comm. Dev. Director Date: 2/20 /2009 Re: Request for special City Council meeting for annual City Council and Planning Commission meeting Summary At its February 9, 2009 meeting, the Planning Commission discussed possible meeting date(s) to hold its annual joint meeting with the City Council to discuss the work plan and project lists for 2009. The following date(s) were suggested: Monday, March 23, 2009 7:00 PM Monday, April 13, 2009 7:00 PM In the event these suggested date(s) and/or time(s) are not available, it is respectfully suggested that an alternate date be discussed by the City Council at the February 24, 2009 meeting and tentatively scheduled. Staff will then coordinate and follow up with the Planning Commission. ..a • MOUND CITY COUNCIL MINUTES FEBRUARY 10, 2009 The City Council of the City of Mound, Minnesota, met in regular session on Tuesday, February 10, 2009, at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Heidi Gesch and Greg Skinner Members Absent: Councilmember Ray Salazar Others present: Acting City Manager Jim Kurtz, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, City Engineer Dan Faulkner Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve agenda Osmek requested the addition of 4F, Resolution Appointing Commissioners to the HRA, to the Consent Agenda. MOTION by Osmek, seconded by Gesch to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Hanus requested the removal if Item 4C for discussion. MOTION by Osmek, seconded by Gesch to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of January 27, 2009 B. Approve payment of claims in the amount of $414,379.38. C. (removed) D. RESOLUTION NO. 09 -15: RESOLUTION RECOMMENDING CONTINUATION OF CDBG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK (WeCAN) E. Approve authorization of letter of support for a Twin Cities Habitat for Humanity grant application to Hennepin County for funding (2009 grant cycle). F. RESOLUTION NO. 09 -16: RESOLUTION APPOINTING COMMISSIONERS TO HOUSING AND REDEVELOPMENT AUTHORITY Hanus stated that it appears that the City is spending over $1,000,000 a year, which is 20% of the tax levy) for engineering fees. He is uncomfortable approving an extension until a better accounting of the charges is reviewed. He would like to see how many dollars are spent per year and how the hours are billed. He feels there is a troublesome amount of bills that are -441- Mound City Council Minutes — February 10, 2009 general engineering and not billed to a specific project. He realizes that some charges are billed back to areas like TIF, developers and improvement projects, but wants to see a spread sheet showing the projects, time and dollars billed and what amounts are being charged to projects and what amounts are being levied. Carlton Moore stated that he will convey this request to the Finance Director. MOTION by Osmek, seconded by Skinner to table this item until the next meeting. All voted in favor. Motion carried. 6. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Action on resolution accepting feasibility report and ordering plans and specs for 2009 Lift Station Project, PW -09 -04 Faulkner presented the feasibility report of the 2009 Lift Station Improvement Project, stating that this project is the third year of the lift station reconstruction plan and the lift stations proposed for 2009 are: D1 Waterside Lane /Spruce Road; I1 Island View Drive /Sherven Park; and L1 Island View Drive /Devon Lane. The estimated cost of the project is $1,146,000 and will be funded from the utility fund. Hanus questioned if this project will cause problems with access to the docks in that area and Faulkner stated that there will be some challenges and he will work with Jim Fackler regarding this. Osmek suggested using the MHRD docks for one year for those people that won't be able to access their docks in the subject area. MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -17: RESOLUTION ACCEPTING FEASIBILITY REPORT AND ORDERING PLANS AND SPECIFICATIONS FOR 2009 LIFT STATION IMPROVEMENTS (CITY PROJECT PW- 09 -04) 7. Miscellaneous /Correspondence A. Comments /reports from Councilmembers B. Reports: Harbor Wine & Spirits — January 2009: Osmek highlighted that the liquor store experienced a $30,105.34 increase in sales in January of 2009 over January 2008. C. Minutes: None D. Correspondence: Gillespie Center newsletter Spring Park resolution LMCC annual report 8. Adiourn MOTION by Osmek, seconded by Skinner to adjourn at 7:55 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk -442- Mayor Mark Hanus • B3 L_T4N $ N K 1 N6 Consulting Engineers & Surveyors " 2638 Shadow Lane, Suite 200 • Chaska, MN 55318 -1172 Phone (952) 448 -8838 - Fax (952) 446 -8805 www.bolton- menk.com February 10, 2009 Mr. James Wisker District Technician Permitting Department Minnehaha Creek Watershed District 18202 Minnetonka Blvd. Deephaven, MN 55391 RE: Minnehaha Creek Watershed District Rulemaking City of Mound Comments on Rule N — Stormwater Management Dear Mr. Wisker: As requested, we are submitting feedback on items outlined in your Stormwater Management Policy Discussion Paper soliciting specific responses on items relating to potential stormwater management rule revisions. We recognize that you requested item by item feedback; however, we felt it would be more effective to summarize our comments into several general areas. Regional Solutions: We understand the Board's goal to increase volume control and phosphorus removal throughout the Watershed District. We believe that this can best be accomplished with a performance based approach through regional solutions to achieve maximum benefit for tax dollars spent. It is not cost effective, reasonable or practical to accomplish this goal on a site by site basis. A regional solution could resolve redevelopment scenarios such as road projects and tear -down/ rebuilds as well as new development scenarios where site specific conditions make on -site abstraction not feasible. The District should partner with Cities to cost effectively find ways achieve regional solutions to meet District goals, TMDL requirements, Non - degradation requirements and MS4 requirements. Ideas associated with this process include: Public Education. We strongly support the education of private property owners through the expansion of opportunities to provide both technical and financial assistance. Of particular interest would be providing assistance to property owners wishing to improve water quality through construction of rain gardens and creation, expansion and restoration of buffers. 2. MCWD could consider using its approval authority for local surface watershed management plans to develop plans for implementing regional solutions. 3. Funding could be obtained by combining district funds with city stormwater utility funds, if available, and funds generated through development process. FAM0UN\C123792l\MCWD TAC\MCWD Rule N Revision Comments_021009.doe DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer -443- Comments on Rule N — Stormwater Management February 10, 2009 Page 2 4. Regional solutions should include a process for accounting for the benefit associated with reduction in impervious surfaces such as decreased in street width during reconstruction (a potential "credit" process). New Development Scenarios: We understand the goal to have increased volume control and phosphorus reduction requirements in new development scenarios. We look forwarded to seeing the analysis of the impact on example developments to review the impact and provide comments upon completion of the analysis. In the meantime we offer the following comments: 1. During the approval process of the District Plan, Mr. Evenson stated that abstraction would only be required where feasible. The definition of feasibility can be very subjective and must be clearly defined. 2. The threshold to trigger regulations should only be when added impervious area is greater than one acre. 3. Rules must have flexibility for site specific constraints such as soil types, space limitations, distance to basements and pipes, distance to water table or bedrock, contaminated soils, slopes and wellhead protection area. 4. Board action should not be required in scenarios where site specific constraints or feasibility do not allow for abstraction goals to be met on site provided that the reduction can be accomplished through other means. Redevelopment and City Street and Utility Project Scenarios: We understand the Board's concerns and desire to increase volume control and phosphorus reduction in developed areas; however, we do not believe that this goal is best achieved through a site by site regulatory program. The threshold to trigger regulations should only be when added impervious is greater than one acre. 2. Any regulations should only focus on the net increase in impervious surface. It is not practical or feasible to implement rules for all existing impervious surfaces. 3. The District should consider a fluid list of recommended "approved" methods for meeting the desired goals. However, as technologies and treatment efficiencies are continuously changing, it would be important to have flexibility in what are considered acceptable BMPs. 4. Costs associated with stormwater management for these types of projects can vary significantly. A regional approach is key to directing funds towards projects where they are most effective in meeting the reduction goals. FAMOUN\C123792l\MCWD TAC \MCWD Rule N Revision Comments 021009.doc iii • Comments on Rule N - Stormwater Management February 10, 2009 Page 3 We greatly appreciate the opportunity to provide this input as you continue with this process and look forward to collaborating to find cost effective solutions to these common goals. Sincerely, Dave Poggi, PE Mound Water Resources Engineer cc: Carlton Moore, Public Works Director Sarah Smith, Community Development Coordinator Dan Faulkner, City Engineer FAMOUN \C 123792l\MCWD TAC\MCWD Rule N Revision Comments_021009.doc -445- STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Other Civil Marilyn Henricks, Plaintiff, V. City of Mound, Defendant. Court File No. 27 -CV -07 -22560 Judge Tony N. Leung ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT The above - entitled matter came on for hearing on October 3, 2008 before the undersigned Judge of Hennepin County District Court on cross motions for summary judgment brought by Plaintiff Marilyn Henricks ( "Plaintiff') and Defendant City of Mound ("Defendant "). After the hearing, the Court - requested additional submissions, including a set of stipulated facts, which were received in chambers on or about November 14, 2008. APPEARANCES . Kevin J. Wetherille, Esq., Jaspers, Moriarty & Walburg, PA, 206 Scott Street, Shakopee, MN 55379, appeared on behalf of Plaintiff. Paul A. Merwin, Esq., League of Minnesota Cities, 145 University Avenue West, St. Paul, MN 55103, appeared on behalf of Defendant. Based upon all the files, records and proceedings herein, together with the arguments of counsel, the Court makes the following, 1 Imm Ll • • ORDER IT IS HEREBY ORDERED: 1. Defendant City of Mound's Motion for Summary Judgment is GRANTED. 2. Judgment shall be entered in favor of Defendant City of Mound. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: ,? BY THE COURT: Tony N. ung Judge of istrict Court Henricks v. City of Mound 27 -CV -07 -22560 2 -447- MEMORANDUM I. FACTS This suit arises out of what would have likely been an unobjectionable land use decision on the part of Defendant but for an immaterial, albeit superficially salacious, twist: the variance applicant's doctoring of an as -built survey. Plaintiff seeks to overturn the grant of the 7.2 inch variance. Plaintiff and George Linkert ( "Linkert") are neighboring property owners residing in an R -1 Residential Zoning District of Defendant City of Mound. MND 077; MND 080.1 R -1 Zoning requires minimum side yard setbacks of six feet for lots the size of Linkert's. MND 0113. Linkert's lot is pie - shaped; with 64 feet of frontage at Lake Minnetonka's shore, it narrows to only 35 feet at the road. MND 0001. In 2004, Linkert sought to raze his house and build new. MND 0004. Because he wanted to use the foundation of his then -extant house, which was out of compliance with the Ordinance's setback requirements, he eq applied for a number of variances. MND 0004. After going through review, on September 28, 2004 the Mound City Council ("City Council,,) approved the variances requested. MND 0045. Pursuant to City Council's Resolution #04 -112, the east side yard setback was to increase from 2.0 feet to 2.1 feet. MND 0048. Construction ran from March to October 2005. MND 0057. Linkert received an as-built survey sometime in October 2005, which reflected an east side yard setback of 1.5 feet, not 2.1 as .required per City Council's Resolution #04 -112. MND 0064. By his account panicked, Linkert falsified the as-built survey to reflect an east side yard setback of 2.1 feet. MND 0066. He submitted the doctored as-built survey and with that, the Certificate of Occupancy was issued ' The parties provided the Court with the record below, each page bates - stamped MND 0001 -0158. As such, the Court will cite to the record by referring to the appropriate bates - stamped page. 3 MERB on October 31, 2005. MND 0057; MND 0066. In June 2006, Defendant notified Linkert that the constructed setback needed to be confirmed for accuracy. MND 0057. It was then that Linkert admitted to falsifying the October 2005 as -built survey. MND 0066. Upon this revelation, Linkert was advised of available alternatives, which included but were not limited to: "the approval of a boundary adjustment; modification of the structure, and/or; approval of an after the fact variance. MND 0059. Between June 2006 and June 2007, Linkert had discussed with Plaintiff the possibility of a boundary adjustment. MND 0060. Further, both Linkert and Plaintiff worked with a mediation service in the hopes of finding a joint solution, to no avail.. MND 0060. Linkert had also discussed with a contractor alternatives to bring the house into compliance with project approvals. MND 0060. Such an undertaking would have involved reconstruction and/or modification of the foundation, exterior walls and 'roof of the offending corner of the house. MND 0060. In addition to attempting to remediate the issue in a more cooperative manner, Linkert applied for an after -the -fact variance in late January 2007. MEND 0083. The variance was discussed at a meeting of the Mound Planningtommission ( "Planning Commission ") on July 9, 2007. MND 0050. At the meeting, Linkert testified as to the mistakes that were made in the renovation process. MND 0065 -0066. According to Linkert, he was working with a designer to reconfigure the front of the house to prevent . ice accumulation. MND 0065. A miscommunication with the designer resulted in the wrong wall being moved. MND 0065. Several commissioners questioned Linkert regarding his mistake and subsequent attempt to cover up. MND 0064 -0072. As to submitting the doctored survey, Linkert said: ... I really regret that.. I regretted it at the time, but let me just say that we had our first daughter born with Down's syndrome. We were dealing with that and all the health issues. We were living with Janet's, my wife's dad, who lived here in Mound for 40 years and he was pretty much bed ridden. It was my primary responsibility to take care of him. We were really excited to move back to Mound into the house my wife grew up in. So, I panicked. lul►h�i71TIT.�i Planning Commission discussed the variance extensively. MND 0064 -0072. Planning Commission discussed the physical layout of the 'property and the effect of the variance on neighboring properties. MND 0064 -0072. Plaintiffs son, Scott Henricks, testified as to his mother's concern that the Linkert home's gutters and eaves actually overhung the Henricks property and contributed to drainage problems. MND. 0066 -0068. A commissioner noted that a drainage plan was part of the review process. MND 0068. Ultimately, Planning Commission recommended that the variance be granted. MND 0060. After tabling the matter so as to allow Linkert and Plaintiff more time to discuss a compromise, City Council revisited the issue at its September 11, 2007 meeting. MND 0118; MND 0124. City. Council discussed the variance request again, including the encroachment of the roof, and the impact of the structure on Plaintiff's drainage. MND 0138. City Council voted unanimously to approve the variance and directed city staff to draft findings accordingly. MND 0138. At a meeting on September 25, 2008, City Council adopted Resolution #07 -79, approving the variance of 0.6 feet. MND 0156. The resolution specifically found: a. The variance criteria as set forth in City Code Chapter 350.530 have been met. b. Relocation of the subject wall for compliance with the approved setback of 2.1 feet is impractical and would create an undue hardship for the applicant. c. The installed location of the foundation on the east side of the new house was a result of miscommunication between the designer and the surveyor and was not.the result of conduct intended to locate the foundation in violation of the authorized setback. " d. The applicant has made reasonable attempts to minimize and/or alleviate the 5 -450- need for a Variance by going through the mediation process with the neighboring property owners and also undertook discussions with the neighbor's representative as discussed with the City Council at its July 24, 2007 meeting. MND 0157 -0158. Further, it provided that the "resolution shall not be released until any and/or all encroachment associated with the applicant's single - family home including, without limitation, the gutter system and roof drain appurtenances are relocated so as to be on the applicant's property at locations permitted by the City Codes." MND 0158. This suit followed one month later. II. ANALYSIS A. Summary Judgment Under the Minnesota Rules of Civil Procedure, a grant of summary judgment is proper when: [T]he pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no issue as to any material fact and that either party is entitled to judgment as a matter of law. Minn. R. Civ. P. 56.03. A material issue of fact is one which would affect the outcome of the case. Pischke v. Kellen, 384 N.W. 2d 201, 205 (Minn. Ct. App. 1986) (citing Rathbun v. W. T. Grant Co., 219 N.W. 2d 641, 646 (Minn. 1974)). Summary judgment has been characterized as a "blunt instrument" that "should be employed only where it is perfectly clear that no issue of fact is involved in the cause of action." Donnay v. Boulware, 144 N.W. 2d 711, 716 (Minn. 1966). The Minnesota Supreme Court has stated that the "burden is on the moving party to show the absence of any material fact." Bixler v. J.C. Penney Co., Inc., 376 N.W. 2d 209, 215 (citing Barilla v. Clapshaw, 237 N.W.2d 830, 831 (Minn. 1976)); see Thiele v. Stich, 425 N.W. 2d 580, 583 (Minn. 1988) (the burden is on movant to establish that no genuine issue of material fact exists). When determining whether the i -451- moving party has sustained its burden, the court must view the evidence in a manner most favorable to the nonmoving party. See Sauter v. Sauter, 70 N.W. 2d 351, 353 (Minn. 1955); Ritter v. M.A. Mortenson Co., 352 N.W. 2d 110, 112 (Minn. Ct. App. 1984) (citing Greaton v. Enich, 185 N.W.2d 876, 878 (Minn. 1971)). All doubts and factual inferences must be resolved against the moving party and in favor of the nonmoving party. Nord v. Herreid, 305 N.W.2d 337, 339 (Minn. 1981); see Dempsey v. Jaroscak, 188 N.W.2d 779, 781 -82 (Minn. 1971). It is only when the movant has satisfied its burden must the nonmoving party then show the existence of a genuine issue of material fact. Baler, 376 N.W.2d at 215 (citing Continental Sales and Equipment Co. v. Town of Stuntz, 257 N.W.2d 546, 550 (Minn. 1977). If the nonmoving party fails to present specific facts indicating that a genuine issue of material fact exists, summary judgment is proper. Hunt v. IBM Mid Am. Employees Fed. Credit Union, 384 N.W.2d 853, 855 (Minn. 1986). In order to successfully oppose a motion for summary judgment, the nonmoving party cannot rely upon mere averments or denials set forth in its pleadings, but must present specific facts showing that there is a genuine issue for trial. Minn. R.. Civ. P. 56.05; see Hunt, 384 N.W.2d at 855 (the nonmoving party cannot rely. on mere general statements of fact.). Moreover, "[t]he court is not required to save the nonmoving party by drawing unreasonable inferences." City of Savage v. TVarey, 358 N.W.2d 102,105 (Minn. Ct. App. 1984). B. Municipal Land Use Decision Review, Generally Under Minnesota law, a municipality has broad discretionary power when considering an application for a variance. Nolan v. City of Eden Prairie, 610 N.W.2d 697, 701 (Minn. Ct. App. 2000). As such, local zoning decisions are entitled to great deference. White Bear Docking v. City of Mound, 324 N.W.2d 174,177 (Minn. 1982). When a municipal proceeding was fair and 7 -452- the record Cleat' and complete, a reviewing court looks only to the record developed before the zoning authority to determine whether the zoning decision was reasonable. Swanson v. City of Bloomington, 421 N.W.2d 307, 312 -13 (Minn. 1988).2 The burden is on the plaintiff to prove that a municipality's action was arbitrary and capricious, that the reasons given by the zoning authority were legally insufficient and lacked a factual basis or that the reasons provided did not have the slightest validity or bearing on the general welfare of the immediate area, VanLandschoot v. Mendota Heights, 336 N.W.2d 503, 508 (Minn. 1983). A court will not invalidate a land use decision as long as the officials acted in good faith and within the broad discretion accorded them by statutes and the relevant ordinances. Id. at 509. C. A Municipality's Power To GrantArea Variances The power of municipalities to grant_ area variances is governed by Minnesota Statute §462.357, subd. 6. A city may "hear requests for variances from the literal provisions of the [zoning] ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual' property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance." Minn. Stat. §462.357, subd. 6. Undue hardship, according to the statute, means that the property in question "cannot be put to a reasonable use if used under conditions allowed by the official controls, the Iplight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality." Id. That is to say, there are three requirements for granting a variance under the "undue hardship ". standard: (1) reasonableness; (2) unique circumstances; and (3) the essential character of the locality. Nolan, 610 N.W.2d at 701 (Minn. s The parties raised no issue with regard to the sufficiency of the procedure below. As such, the Court's review is on the record (see fn 1 supra). 8 -453- Ct. App. 2000). Pursuant to the City of Mound Ordinance Code ("the Ordinance "), a variance may be issued to "provide relief to the landowner in those zones where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his land." Mound Ordinance 350.530, subd. 1. The definition of hardship under the Ordinance tracks verbatim the statute. Mound Ordinance 350.310, subd. 61; Minn. Stat. §462.357, subd. 6. Again, hardship is defined as when "the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property not created by any landowner; and the variance, if granted, will not alter the essential character of the locality." Mound Ordinance 350.310, subd. 61. The Ordinance further provides that a variance may be granted only where: A. Exceptional or extraordinary circumstances apply to the property which [sic] do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this [O]rdinance have no control. B. The literal interpretation of the provisions of this [O]rdinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of tl�is -ordinance. C. ...[T]he special conditions or circumstances do not result from the actions of the applicant. D. ...[T]he granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. E. The variance requested is the minimum variance which [sic] would alleviate the hardship F. The variance would not be materially detrimental to the purposes of this Ordinance or to property in the same zone. Mound Ordinance 350.530, subd. 1. At first blush, the foregoing factors appear to require more of a variance applicant than the undue hardship requirements under Minnesota Statute §462.357, subd. 6. That is to say, in addition to proving hardship, the Ordinance seems to require proof of E W"M six more factors. However, upon closer examination, it becomes apparent that each enumerated factor goes to a requirement under the hardship standard. Factors A and C of the Ordinance coincide with the unique circumstances requirement under the hardship standard. Factors B and E go to the reasonableness requirement. Finally, factors D and F correspond to the essential character requirement. In essence, each factor is a more particularized statement of the statutory requirements. Thus, -if the variance is permitted by statute, it is also permitted by the Ordinance .3 See Rowell v. Board of Adjustment of the City of Moorhead, 446 N.W.2d 917, 921 (Minn. Ct. App. 1989). As such, the Court will focus its analysis on the statutory hardship requirements, making reference, where needed, to the factors under the Ordinance. 1. Reasonableness of Landowner's Request First, the reasonableness prong of the undue hardship standard "does not mean that a property owner must show the land cannot be put to any reasonable use without the variance." Id. at 922. Instead, it requires a showing that the property owner would like to use his ro e p p rt3' in a manner that is prohibited by ordinance but is otherwise reasonable. Id. Here, Linkert went before City Council requesting to use his property as a residential home, a reasonable use given the property's zoning district. However, according to zoning district dictates and because of its violation of setback requirements, such a use would be "non- conforming" and, thus, in contravention of the ordinance. Importantly, City Council looked to Linkert's attempts to resolve the dispute with Plaintiff without the variance. Linkert's request for a variance could have been considered all the more reasonable given he found no 3 Though the Ordinance provides for the granting of variances in cases of "practical difficulties," the Ordinance does not go on to define the term Mound Ordinance 350.530. Further, a municipality's authority to grant variances cannot exceed the powers granted by statute. Sagstetter v. City of St. Paul, 529 N.W.2d 488, 490 (Minn. Ct. App. 1995). Here, the statute permits the granting of variances only in cases of "undue hardship." Minn. Stat. §462.357. Though the Court acknowledges case law may support the granting of an area variance under a lesser showing, the Court does not reach the issue since Defendant succeeds in its Motion for Summary Judgment here under the stricter standard. See Kismet Investors, Inca v. County of Benton, 617 N.W.2d 85, 91 (Minn. Ct. App. 2000). 10 -455- compromise with Plaintiff, and not for want of trying. Moreover, City Council required that the gutter system and roof drain appurtenances be relocated so as minimize any harm to Plaintiff. As such, the variance was rendered more reasonable, less invasive and still effective in alleviating the hardship to Linkert. The statute and Ordinance warn that economic considerations alone cannot constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Minn. Stat. §462.357, subd. 6; Mound Ordinance 350.310, subd. 61. However,.the record supports a disturbance to more than just Linkert's economic sensibilities. City Council specifically found that the relocation of the wall was impractical and would create an undue hardship for Linkert. Additionally, with a young special needs child at home, an ailing father -in -law, Linkert stood to lose much more than finances. Furthermore, our inquiry into reasonableness cannot ignore that Linkert requested an after- the -fact variance. Indeed, treating before - and after- the -fact variances similarly would produce unfair results since the attendant circumstances are fundamentally different. In re Stadsvold, 754 N.W.2d 323, 332 (Minn. 2008). When he came to City Council in 2007, Linkert was not a position simply to forego a course of action were his application for a variance denied. The structure had already been built. See In re Appeal of Kenney, 374 N.W.2d 271, 275 (Minn. 1985) (consider whether construction was complete). Moreover, City Council found that the misplacement of the wall was a result of miscommunication between. the designer and the surveyor, and was not the result of conduct intended to locate the foundation in violation of the previously authorized setback. It was, in other words, a good -faith mistake discovered after Linkert could do anything to prevent it. See In re Stadsvold, 754 N.W.2d at 333 (to the extent there is concern about variance applications arising out of purposeful violations, board may 11 -456- consider whether the applicant acted in good faith). 2. Circumstances Unique to the Property Second, we consider whether the landowner's plight is attributable to circumstances unique to the property not created by him. Mohler v. City of St. Louis Park, 643 N.W.2d 623, 631 (Minn. Ct. App. 2002). At this stage of the inquiry, case law and the applicable ordinance focus on the topographic conditions the property. See Mound Ordinance 350.530, subd. 1 (a variance may be granted where exceptional or extraordinary circumstances result from lot size or shape, topography, not from the actions of the applicant); Mohler, 643 N.W.2d at 631 -32. Plaintiff argues that Linkert's miscommunication with the designer gave rise to the need to seek a variance. The unique circumstance, under Plaintiff s view, is of Linkert's doing. This argument fails on multiple grounds. First, it is undisputed that Linkert's lot was irregularly shaped. Indeed, the irregular shape had at once, created a property that was non - conforming prior to 2004, and at the same time, necessitated and resulted in the granting of the 2004 variance. The lot was just as misshapen in 2007. Second, just as a mistaken belief about zoning more appropriately goes to the reasonableness of a landowner's request, so too would a mistaken belief as to actual compliance with a zoning regulation. See Id. at 632 (even if a landowner's mistaken belief, based on city's error, were proper factor to consider in granting a variance, such mistaken belief would be more properly considered as to reasonableness); see infra for discussion on reasonableness of city's action. Finally, as indicated above, while Linkert hired people to do the construction, City Council found that the setback problem actually resulted from the miscommunication between the designer and the surveyor. In this sense, the landowner's plight was not created by Linkert. 12 -457- 3. Essential Character of the Locality The third factor requires that the variance must not alter the essential character of the locality. Mohler, 643 N.W.2d at 632 -33. Curiously, it has been held that unlike a use variance, "an area variance does not change the character of the zoned district." In re Appeal of Kenney, 374 N.W.2d at 274. Nevertheless, to give meaning to this otherwise toothless query, the Court will look to the spirit and intent of the ordinance. See Mohler, 643 N.W.2d at 632 (noting that Minn.Stat. §462.357, subd. 6 does not prohibit the granting of nonuse variances such as those of area, height, setback, density, and parking requirements if the grant is in keeping with the spirit and intent of the ordinance). This approach finds support in the Ordinance, which looks to ensure that the granting of the variance requested does not confer on the applicant any special privilege denied by the ordinance to owners of other lands, structures or buildings in the same district and that the variance would not be materially detrimental to the purposes of the ordinance or to property in the same zone. Mound Ordinance 350.530, subd. 1; Mound Ordinance 350.205, subd. 2 (purpose of Ordinance is to protect the public health, safety, morals, comfort, convenience and general welfare; promote orderly development of residential ... areas). Here, despite her burden, Plaintiff merely suggests that the Linkert structure is the only structure in the neighborhood, and likely in the City, allowed to sit closer to the property line than its pre - existing non- conforming condition. It is also the only structure in the neighborhood to extend over the property line onto neighboring property. By being so inconsistent with the surrounding neighborhood, the Linkert home fails to comply with the spirit and intent of the city zoning ordinance. Memorandum of Law In Support of Plaintiffs Motions for Summary Judgment, filed September 24, 2008. Nevertheless, Plaintiff points to nothing in 'the record, nor does she point to any new evidence, supporting her allegations. Moreover, there is nothing in the record as to how a 13 setback of 1.5 feet would alter the essential character of the locality or violate the spirit and intent of the Ordinance, while a setback of 2.0 or 2.1 feet would not. Defendant, on the other hand, specifically found that the variance criteria as set forth in Mound Ordinance 350.530, subd. 1 were met. Finally, Plaintiff claims the variance violates the spirit and intent of the Ordinance because City Council ignored her concerns with regard to the roof overhang and the gutter and drainage system. Plaintiff herself ignores City Council's specific condition that the "resolution shall not be released until any and/or all encroachment associated with the applicant's single - family home including, without limitation, the gutter system and roof drain appurtenances are relocated so as to be on the applicant's property at locations permitted by the City Codes." MND 0158. Such a requirement brings the variance further into compliance with the spirit and intent of the Ordinance: the neighboring home should no longer encroach onto Plaintiffs property. III. CONCLUSION In sum, Defendant acted reasonably, deliberately and within the bounds of its discretion in granting Linkert's after -the -fact variance. Plaintiff has failed to prove otherwise. Summary judgment in Defendant's favor is therefore appropriate. TNL 14 -459- MINNESOTA DEPARTMENT OF `COMMERCE February 10, 2009 City of Mound Attn: Ms. Bonnie Ritter 5341 Maywood Road Mound, MN 55346 RE: Coast to Coast Utility Project — File #42008 Dear Ms. Ritter: 85 7th Place East, Suite 500 St. Paul, Minnesota 55101 -3165 www.commerce.state.mn.us 651.296.4026 FAX 651.297.1959 An equal opportunity employer Your application for reimbursement received on September 19, 2008 was reviewed by the Petroleum Tank Release Compensation ( Petrofund) Board at its most recent meeting held on February 6, 2009. Please note that the Board made the following determination regarding the item specified in your appeal of the Petrofund staff recommendation: The Board did not approve reimbursement of the costs associated with the excavation and disposal of 2,402 cubic yards of contaminated soil (totaling $90,555.40). Minn. Stat. § 115C.12, subd. 2 provides that a Board determination may be appealed by an applicant as a contested case under Minn. Stat. § 14. If you choose this option, you must provide written notification to the Board of a request for a contested case, setting forth the specific basis for the appeal, within 30 days of the date that the Board made the reimbursement determination. If you have any questions regarding this correspondence, please contact me by phone at 651- 296 -9423 or 800 - 638 -0418 or by email atjoel.fischer@state.mn.us. Sincerely, /, ,� oel Fischer, Director Petroleum Tank Release Cleanup Fund cc: Mr. Bill Tepley, AECOM Environment 1•'3a