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2009-10-27
• 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 1, le- C 0 MOUND CITY COUNCIL TUESDAY, OCT. 27, 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 separate discussion on these items unless a Councilmember or citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. 1. 2 0 • Page Call meeting to order Pledge of Allegiance Approve agenda, with any amendments *Consent Agenda A. Approve payment of claims 2181 -2206 B. Adopt Resolution No. 09 -83: Resolution to Recognize the National 2207 Achievement of Kade Retterath C. Approve Pay Request No. 7 from S.M. Hentges & Sons in the amount of $249,923.96 for work completed on the 2008 Street Improvement Project, PW- 08 -01. D. Approve Public Lands Permit application for invisible fence by Dan Scherven at 4528 Aberdeen Road 5. Public Hearings Sarah Smith, Community Dev. Dir., to answer any questions regarding revision, rearrangement, recodification and reenactment of Zoning Code. A. Consideration/action on Ordinance Repealing Chapters 1 through 12 of the Mound City Code and Adopting New Chapters 1 through 129 of the Mound City Code B. Consideration/action on Resolution Authorizing Publication of an Ordinance (Recodification) by Title and Summary 6. Catherine Pausche, Finance Director, requesting action on Amended and Restated Tax Increment Pledge Agreement by and between the City of Mound and the Housing and Redevelopment Authority in and for the City of Mound OP. Catherine Pausche, Finance Director, requesting action on Resolution Authorizing Internal Loan in Connection with Tax Increment Bonds Secured by Tax Increments Derived from the Mound Harbor Tax Increment Financing District 2208 -2209 2210 -2217 2218 -2220 2221 -2224 2225 -2227 • .J :7 PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS 8. Mark Ruff and Stacie Kvilvang of Ehlers & Associates, reporting on sale 2228 -2248 • of General Obligation Tax Increment Refunding Bonds, Series 2009D, in the amount of $4,100,000. 9. Donna Smith, representing the Gillespie Center, on Agreement Between 2249 -2271 the Gillespie Center and the City of Mound 10. Carlton Moore, Public Works Director, requesting action on Resolution 2272 -2275 Approving Plans and Specs and Ordering Advertisement for Bids for CSAH 151110 Street Lighting Replacement Project 11. Sarah Smith, Community Dev. Dir. with discussion/action on Public Lands 2276 -2288 Permit application — deck/steps on Wychwood Commons — 2911 Cambridge Lane — Robin Shaugnessy 12. Sarah Smith, Community Dev. Dir. with Planning Comm. Recommendations 2289 -2312 A. Review of Planning Case No. 09 -10 Variance — rear setback for deck/steps 2911 Cambridge Lane —Robin Shaugnessy B. Review of Planning Case No. 09 -15 2313 -2341 Variance — front setback for bumpout /addition 2128 Centerview Lane — Rex and Nancy Lindgren C. Review of Planning Case No. 09 -12 2342 -2359 Variance — lakeshore setback for deck 4969 Island View Drive - Ken Nash 13. Jim Fackler, Parks Superintendent A. Discussion/action on petition to replace a play structure at Seton Park 2360 -2369 B. Presenting Seasonal Summer Employee Report 2370 -2416 14. Approve minutes A. October 13, 2009 regular meeting 2417 -2424 B. October 19, 2009 special meeting 2425 -2426 15. Miscellaneous /Correspondence A. Comments /reports from Councilmembers: B. Reports: Finance Department for September, 2009. 2427 -2431 C. Minutes: D. Correspondence 16. Adjourn 0 This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas maybe viewed at City Hall or at the City of Mound website: www.cio�ofmound.com • 0 0 OCTOBER 27, 2009 CITY COUNCIL MEETING TOTAL $1,2069846.51 w.lF:im 101409SUE $860,149.31 OCT 101609S U E $40.00 OCT 102109S U E $733.01 OCT 102109SUE2 $642.78 OCT 102709SUE $345,281.41 OCT TOTAL $1,2069846.51 w.lF:im City of Mound Payments 10/14/09 2:14 PM Page 1 • -2182- Current Period: October 2009 ..ZT=2 a .ma4 'ry wnvs,,aul4.t' f, cve-nk _._ Batch Name 101409SUE User Dollar Amt $860,149.31 Payments Computer Dollar Amt $860,149.31 $0.00 In Balance Refer 101409 BECK, KENNETH Cash Payment E 101 - 42110 -434 Conference & Training 09 -22 -09 DRIVING SCHOOL TRAINING $12.50 Invoice 101409 10/14/2009 Transaction Date 10/14/2009 Wells Fargo 10100 Total $12.50 Refer 101409 GMH ASPHALT _ Cash Payment E401-43109-500 Capital Outlay FA 08 -26 -09 THRU 09 -25 -09 2009 STREET, $795,506.97 UTILITY AND LIFT STATION IMPROVEMENT PROJECTS Invoice REQUEST #4 10/14/2009 Project PWO901 Transaction Date 10/14/2009 ,. Wells Fargo 10100 Total � � u.. —.. —m om . $795,506.97 — ... . -1111- --- "....., Refer 101409 . —, , .. m.. ,,,_ . — ,, . WTRCOMM TECHNOLOGY ., . Cash Payment E 101 -41920 -500 Capital Outlay FA 50% DOWN PAYMENT SERVER PROJECT $12,683.00 Invoice 101409 10/14/2009 P022410 Transaction Date 10/14/2009 Wells Fargo 10100 Total $12,683.00 Refer 101409 KAHMEYER, DARKEN _ Cash Payment G 101 -23007 Erosion Control Escrow 2051 ARBOR LANE #2008 -00206 EROSION $750.00 CONTROL � • Invoice 101409 10/14/2009 Transaction Date 10/1412009 Wells Fargo 10100 Total $750.00 Refer 101409 MINNESOTA, UNIVERSITY OF _ Cash Payment E 101 -43100 -434 Conference & Training MPWA FALL WORKSHOP, MOORE $153.64 Invoice 101409 10/14/2009 PO 22284 Cash Payment E 601 - 49400 -434 Conference & Training MPWA FALL WORKSHOP, MOORE $56.78 Invoice 101409 10/14/2009 PO 22284 Cash Payment E 60249450434 Conference & Training MPWA FALL WORKSHOP, MOORE $56.78 Invoice 101409 10/14/2009 PO 22284 Cash Payment E 675 -49425 -434 Conference & Training MPWA FALL WORKSHOP, MOORE $66.80 Invoice 101409 10/14/2009 PO 22284 Cash Payment E 101 42400 -434 Conference & Training MPWA FALL WORKSHOP, HANSON, R. $83.50 Invoice 101409 10/14/2009 PO 22284 Cash Payment E 101 - 43100-434 Conference & Training MPWA FALL WORKSHOP, HANSON, R. $66.80 Invoice 101409 10/14/2009 PO 22284 Cash Payment E 60149400 -434 Conference & Training MPWA FALL WORKSHOP, HANSON, R. $66.80 Invoice 101409 10114/2009 PO 22284 Cash Payment E 602 - 49450 -434 Conference & Training MPWA FALL WORKSHOP, HANSON, R. $66.80 Invoice 101409 10/14/2009 PO 22284 Cash Payment E 675- 49425434 Conference & Training MPWA FALL WORKSHOP, HANSON, R. $50.10 Invoice 101409 10/14/2009 PO 22284 Transaction Date 10/14/2009 Wells Fargo 10100 Total $668.00 Refer 101409 QUAAS, SHELLY Cash Payment Invoice 101409 G 101 -21706 Health Insurance 10/14/2009 REIMBURSE HEALTH INSURANCE $996.69 • Cash Payment G 101 -21708 Dental Insurance REIMBURSE DENTAL INSURANCE $110.50 Invoice 101409 10/14/2009 -2182- I* City of Mound 10/14/09 2:14 PM Page 2 Payments Current Period: October 2009 Pre - Written Check $0.00 Checks to be Generated by the Compute $860,149.31 Total $860,149.31 • -2183- Transaction Date 10/14/2009 Wells Fargo 10100 Total $1,107.19 Refer 101409 SCHNEIDER EXCAVATING AND G Cash Payment G 675 -16325 Fixed Asset - Distribution Sys THRU 10 -07 -09 2009 DRAINAGE $49,370.74 IMPROVEMENT PROJECT Invoice REQUEST #1 10/14/2009 Project PW0903 Transaction Date 10/14/2009 Wells Fargo 10100 Total $49,370.74 Refer 101409 SUSSMAN, MICHAEL E. _ Cash Payment E 101 -42110 -434 Conference & Training 09 -22 -09 DRIVING SCHOOL TRAINING $12.50 Invoice 101409 10/14/2009 Transaction Date 10/1412009 Wells Fargo 10100 Total $12.50 Refer 101409 TRUE VALUE, MOUND _ Cash Payment E 222 - 42260 -210 Operating Supplies QTZ LAMP $23.49 Invoice 63589 10/14/2009 Cash Payment E 222 -42260 -322 Postage SHIPPING CHARGE $14.92 Invoice 64124 10/14/2009 Transaction Date 10/13/2009 Wells Fargo 10100 Total $38.41 Fund Summary 10100 Wells Fargo 101 GENERAL FUND • 222 AREA FIRE SERVICES $14,869.13 $38.41 401 GENERAL CAPITAL PROJECTS $795,506.97 601 WATER FUND $123.58 602 SEWER FUND $123.58 675 STORM WATER UTILITY FUND $49,487.64 $860,149.31 Pre - Written Check $0.00 Checks to be Generated by the Compute $860,149.31 Total $860,149.31 • -2183- City of Mound Payments Current Period: October 2009 Batch Name 101609SUE User Dollar Amt $40.00 Payments Computer Dollar Amt $40.00 $0.00 In Balance 10/16/091:54 PM Page 1 Refer 101609 HENNEPIN TECHNICAL COLLEGE _ Cash Payment E 101 - 45200 -434 Conference & Training BOILER LICENSE CLASS, ERVIN $20.00 Invoice 101609 10/16/2009 PO 22287 Cash Payment E 101- 45200 -434 Conference & Training BOILER LICENSE CLASS, SWARTZER $20.00 Invoice 101609 10/16/2009 PO 22287 Transaction Date 10/16/2009 Wells Fargo 10100 Total $40.00 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $40.00 $40.00 Pre - Written Check $0.00 Checks to be Generated by the Compute $40.00 Total $40.00 -2184- 01 *I • City of Mound 10/19/09 11:13 AM Page 1_ • Payments Current Period: October 2009 Batch Name 102109SUE User Dollar Amt $733.01 Payments Computer Dollar Amt $733.01 $0.00 In Balance Refer 101909 G & K SERVICES _ Cash Payment E 609 -49750 -460 Janitorial Services 06 -28 -09 MATS $50.91 Invoice 6665625 10/19/2009 Cash Payment E 101 -45200 -218 Clothing and Uniforms 05 -18 -09 UNIFORMS $19.71 Invoice 6593168 -A 10/19/2009 Cash Payment E 101 -45200 -210 Operating Supplies 05 -18 -09 MATS $63.79 Invoice 6593168 -B 10/19/2009 Cash Payment E 101 -45200 -218 Clothing and Uniforms 06 -22 -09 UNIFORMS $15.92 Invoice 6653595 -A 10/1912009 Cash Payment E 101 -45200 -210 Operating Supplies 06 -22 -09 MATS $61.81 Invoice 6653595 -B 10/19/2009 Cash Payment E 101- 45200 -218 Clothing and Uniforms 07 -13 -09 UNIFORMS $19.78 Invoice 6689520 -A 10/19/2009 Cash Payment E 101-45200-210 Operating Supplies 07 -13 -09 MATS $67.07 Invoice 6689520 -B 10/19/2009 Cash Payment E 101 - 41910 -460 Janitorial Services 08 -10 -09 MATS $109.99 Invoice 6736969 10/19/2009 • Transaction Date 10/16/2009 Wells Fargo 10100 Total $408.98 Refer 101909 HENNEPIN TECHNICAL COLLEGE Cash Payment E 601- 49400 -434 Conference & Training BOILER LICENSE CLASS, MORRIS $20.00 Invoice 101909 10/19/2009 P022287 Cash Payment E 602- 49450 -434 Conference & Training BOILER LICENSE CLASS, WELCH $20.00 Invoice 101909 10/19/2009 PO 22287 Transaction Date 10/16/2009 Wells Fargo 10100 Total $40.00 Refer 101909 MOUND POST OFFICE Cash Payment E 601 -49400 -322 Postage 10 -09 UTILITY BILLING $142.02 Invoice 101909 10/19/2009 Cash Payment E 602 - 49450 -322 Postage 10 -09 UTILITY BILLING $142.01 Invoice 101909 10/19/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $284.03 • -2185- City of Mound Payments 10/19/09 11:13 AM Page 2 Current Period: October 2009 R' ^PV`r+tsri +a`,.. :'� `�15ah T - R r A U^ ,...x..�el 9`a'^ h`k` `3�b3,'W,RYJ s- ....�� #.. a:. r. ..�..:a ans:_ r.N.k. -; +.. <.� ssma,ra ,.F.. „�, >n�m�. ,,,.;k�,r. YU,,.- a.:�zbw,s� �:.t+;�: �:e: a..� u...,hr n..K... 3^ �k� �� -" � .w.� . Fund Summary 10100 Wells Fargo 101 GENERAL FUND $358.07 601 WATER FUND $162.02 602 SEWER FUND $162.01 609 MUNICIPAL LIQUOR FUND $50.91 $733.01 Pre - Written Check $0.00 Checks to be Generated by the Compute $733.01 Total $733.01 -2186- U • • City of Mound 10/21/09 1:47 PM Page 1 • Payments Current Period: October 2009 W %" '_* .,..,E • v-, ::, -.. .`. . L �' _i�f�.°#;e� '. v} F ��'^'aFral' iE`N44: '�' `i �.� 'xh e+,a+,,s ..�...... Batch Name 102109SUE2 User Dollar Amt $642.78 Payments Computer Dollar Amt $642.78 $0.00 In Balance Refer 102109 GRADY, DANIEL Cash Payment E 101 - 43100 -321 Telephone & Cells CELL PHONE POUCH $19.95 Invoice 102109 10/21/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $19.95 Refer 102109 KURTZ, JAMES _ Cash Payment E 101 - 42110 -434 Conference & Training 09 -22 -09 AMEM CONFERENCE $12.50 Invoice 102109 10/21/2009 Cash Payment E 101 -42110 -434 Conference & Training 10 -01 -09 STRANGULATION TRAINING $9.00 Invoice 102109 10/21/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $21.50 Refer 102109 MORRIS, MATTHEW J. Cash Payment E 601- 49400 -321 Telephone & Cells CELL PHONE ACCESSORY $24.13 Invoice 102109 10/21/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $24.13 Refer 102109 RITTER, BONNIE Payment E 101 -41310 -434 Conference & Training 03 -17 -09 MCFOA CONFERENCE $485.60 •Cash Invoice 102109 10/21/2009 Transaction Date 10/21/2009 Wells Fargo 10100 Total $485.60 Refer 102109 T- MOBILE CELL PHONE _ Cash Payment E 281 - 45210 -321 Telephone & Cells 09 -03 -09 THRU 10 -02 -09 CELL PHONE $44.22 Invoice 102109 10/21/2009 Cash Payment G 101 -22816 Personal Cell Phone 09 -03 -09 THRU 10 -02 -09 CELL PHONE, HOFF $22.00 Invoice 102109 10/21/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $66.22 Refer 102709 XCEL ENERGY Cash Payment E 101 - 42115 -381 Electric Utilities 09 -09 #51- 6002835 -9 $25.38 Invoice 292358662 10/27/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $25.38 is -2187- City of Mound Payments Current Period: October 2009 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $574.43 281 COMMONS DOCKS FUND $44.22 601 WATER FUND $24.13 $642.78 Pre - Written Check $0.00 Checks to be Generated by the Compute $642.78 Total $642.78 :: 10/21/09 1:47 PM Page 2 U • • City of Mound Payments 10/21/09 1:33 PM Page 1 -2189- Current Period: October 2009 Batch Name 102709SUE User Dollar Amt $345,281.41 Payments Computer Dollar Amt $345,281.41 $0.00 In Balance Refer 102709 ALCOHOL AND GAMBLING ENFOR Cash Payment E 60949750 -438 Licenses and Taxes RETAILERS BUYERS CARD $20.00 Invoice 6624 10/27/2009 PO 22213 Transaction Date 10/20/2009 Wells Fargo 10100 Total $20.00 Refer 102709 AMERICAN ENGINEERING TEST/N� Cash Payment E 40143109 -300 Professional Srvs 08 -17 -09 THRU 09 -27 -09 2009 PROJECTS $5,297.70 Invoice 220699 10/27/2009 Project PWO901 Transaction Date 10/20/2009 Wells Fargo 10100 Total $5,297.70 Refer 102709 AMERICAN MESSAGING _ Cash Payment E 222 -42260 -325 Pagers -Fire Dept. 10 -09 PAGER SERVICE $59.14 Invoice D2044078JJ 10/27/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $59.14 Refer 102709 AMUNDSON, M. LLP _ Cash Payment E 60949750 -256 Tobacco Products For R CIGARETTES $558.32 Invoice 72196 10/27/2009 •Transaction Date 10/1912009 - Wells Fargo 10100 Total 5 58.32 ..�e.,�,��, ��..���..,�,�x�., h. z��,,w:..f.,n . ; .�,�r R- g». «k.�,, � ��..«, ��„�.� Refer 102709 ARCTIC GLACIER PREMIUM ICE .�.,�.�.�,. -.� . .,,., ,.. A:... �. 3�.�,-- �,F,.�u,,flaH.�. «.•KF,,. Cash Payment E 60949750 -255 Misc Merchandise For R ICE $153.72 Invoice 437928904 -A 10/27/2009 Cash Payment E 609 -49750 -265 Freight 10 -16 -09 DELIVERY CHARGE $1.00 Invoice 437928904 -B 10/27/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $154.72 Refer 102709 BELLBOY CORPORATION Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $517.90 Invoice 5065000 -A 10/27/2009 Cash Payment E 60949750 -253 Wine For Resale WINE $162.00 Invoice 5065000 -B 10/27/2009 Cash Payment E 60949750 -210 Operating Supplies BAGS, UPC SHELF STRIPE $95.45 Invoice 82828600 10/27/2009 Cash Payment E 60949750 -255 Misc Merchandise For R CREDIT— MERCHANDISE - $17.94 Invoice 82824100 10/27/2009 Cash Payment E 60949750 -251 Liquor For Resale CREDIT— LIQUOR - $115.00 Invoice 50612000 -D 10/27/2009 Cash Payment E 609 - 49750 -265 Freight CREDIT — RETURN LIQUOR -$1.55 Invoice 50612000 -E 10/27/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,011.35 Invoice 50723500 10/27/2009 Cash Payment E60949750-210 Operating Supplies BAGS $39.00 Invoice 82856200 -A 10/27/2009 •Invoice Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX 82856200 -B 10/27/2009 $16.24 Cash Payment E 60949750 -255 Misc Merchandise For R MERCHANDISE $11.40 Invoice 82856200 -C 10/27/2009 -2189- City of Mound Payments 10/21/09 1:33 PM Page 2 Current Period: October 2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $172.00 Invoice 50790100 -A 10/27/2009 Cash Payment E 609 -49750 -265 Freight 10 -16 -09 DELIVERY CHARGE $2.55 Invoice 50790100 -B 10/27/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $1,893.40 Refer 102709 BOLTON AND MENK, INCORPORA x ~t Cash Payment E 401 -46570 -300 Professional Srvs 08 -08 -09 THRU 09 -18 -09 PUMPHOUSE $450.00 RELOCATION Invoice 0128264 -A 10/27/2009 Cash Payment E 101 -43100 -226 Sign Repair Materials Invoice 0128264 -B 10/27/2009 Cash Payment E 101 -43100 -300 Professional Srvs Invoice 0128264 -C 10/27/2009 Cash Payment E 601 -49400 -300 Professional Srvs Invoice 0128264 -C 10/27/2009 Cash Payment E 60249450 -300 Professional Srvs Invoice 0128264 -C 10127/2009 Cash Payment E 67549425 -300 Professional Srvs Invoice 0128264 -C 10/27/2009 Cash Payment E 675 - 49425 -300 Professional Srvs Project PW0808 08 -08 -09 THRU 09 -18 -09 STREET SIGNS 08 -08 -09 THRU 09 -18 -09 ATTEND COUNCIL MEETING, ENGINEERING PROJECT STATUS 08 -08 -09 THRU 09 -18 -09 ATTEND COUNCIL MEETING, ENGINEERING PROJECT STATUS 08 -08 -09 THRU 09 -18 -09 ATTEND COUNCIL MEETING, ENGINEERING PROJECT STATUS 08 -08 -09 THRU 09 -18 -09 ATTEND COUNCIL MEETING, ENGINEERING PROJECT STATUS 08 -08 -09 THRU 09 -18 -09 WCA ADMINISTRATION Invoice 0128265 10/27/2009 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 08 -08 -09 THRU 09 -18 -09 1 & I ANALYSIS REPORT Invoice 0128266 10/27/2009 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 08 -08 -09 THRU 09 -18 -09 SINCLAIR BAYWOOD LIFT STATION IMPROVEMENTS Invoice 0128267 10/27/2009 Project PW0705 Cash Payment E 101 -43100 -300 Professional Srvs 08 -08 -09 THRU 09 -18 -09 COMPREHENSIVE PLAN UDPATE Invoice 0128268 -A 10/27/2009 Cash Payment E 601 -49400 -300 Professional Srvs Invoice 0128268 -B 10/27/2009 Cash Payment E 602 -49450 -300 Professional Srvs Invoice 0128268 -C 10/27/2009 Cash Payment E 101 -43100 -300 Professional Srvs Invoice 0128269 -A 10/27/2009 Cash Payment E 601 -49400 -300 Professional Srvs Invoice 0128269 -B 10/27/2009 Cash Payment E 602 -49450 -300 Professional Srvs Invoice 0128269 -C 10/27/2009 Cash Payment E 675 -49425 -300 Professional Srvs Invoice 0128271 10/27/2009 Project 06002 08 -08 -09 THRU 09 -18 -09 COMPREHENSIVE PLAN UPDATE Project 06002 08 -08 -09 THRU 09 -18 -09 COMPREHENSIVE PLAN UDPATE Project 06002 08 -08 -09 THRU 09 -18 -09 UPDATE STREET AND UTILITY MAPS 08 -08 -09 THRU 09 -18 -09 UPDATE STREET AND UTILITY MAPS 08 -08 -09 THRU 09 -18 -09 UPDATE STREET AND UTILITY MAPS 08 -08 -09 THRU 09 -18 -09 PORT HARRISON DRAINAGE STUDY -2190- Project PW0704 $133.50 $96.25 $96.25 $96.25 $96.25 $71.00 $71.00 $291.00 $737.33 $737.33 $737.34 $23.67 $23.67 $23.66 $274.00 • • • City of Mound Payments 10/21/09 1:33 PM Page 3 •Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #850 OIL FILTER $4.48 Invoice 6974 - 106102 10/27/2009 Cash Payment E 101-42110-404 Machinery/Equip Repairs #850 HUB ASSEMBLY $149.61 Invoice 6974- 106101 10/27/2009 -2191- Current Period: October 2009 Cash Payment E 675 - 49425 -300 Professional Srvs 08 -08 -09 THRU 09 -18 -09 SWPPP UPDATE $2,149.00 Invoice 0128272 10/27/2009 Cash Payment E 427 -43121 -300 Professional Srvs 08 -08 -09 THRU 09 -18 -09 MSA SYSTEM $426.00 UPDATE Invoice 0128273 10/27/2009 Cash Payment E 401 -43108 -300 Professional Srvs 08 -08 -09 THRU 09 -18 -09 2008 STREET $13,070.00 RECONSTRUCTION Invoice 0127275 10/27/2009 Project PW0801 Cash Payment E 401 -43102 -300 Professional Srvs 08 -08 -09 THRU 09 -18 -09 AUDITORS ROAD $44.00 Invoice 0128276 10/27/2009 Project PW0806 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 08 -08 -09 THRU 09 -18 -09 2008 LIFT STATION $717.00 IMPROVEMENTS Invoice 0128277 10/27/2009 Project PW0804 Cash Payment G 675 -16325 Fixed Asset - Distribution Sys 08 -08 -09 THRU 09 -18 -09 2008 STORM $558.00 DRAINAGE IMPROVEMENTS Invoice 0128278 10/27/2009 Project PW0803 Cash Payment E 601 -49400 -300 Professional Srvs 08 -08 -09 THRU 09 -18 -09 WELLHEAD $71.00 PROJECTION PLAN Invoice 0128279 10/27/2009 Cash Payment E 401 -43109 -300 Professional Srvs 08 -08 -09 THRU 09 -18-09 ISLAND VIEW DRIVE $40,443.00 RECONSTRUCTION Invoice 0128280 10/27/2009 Project PW0902 • Cash Payment E 401 - 43109 -300 Professional Srvs 08 -08 -09 THRU 09 -18 -09 2009 STREET $52,166.50 RECONSTRUCTION Invoice 0128281 10/27/2009 Project PW0901 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 08 -08 -09 THRU 09 -18 -09 2009 LIFT STATION $25,186.00 RECONSTRUCTION Invoice 0128282 10/27/2009 Project PW0904 Cash Payment G 675 -16325 Fixed Asset - Distribution Sys 08 -08 -09 THRU 09 -18 -09 2009 DRAINAGE $10,105.50 IMPROVEMENT PROJECT Invoice 0128283 10/27/2009 Project PW0903 Cash Payment E 602 -49450 -300 Professional Srvs 08 -08 -09 THRU 09 -18 -09 SANITARY SEWER $45.00 NUMBERING UPDATES Invoice 0128284 10/27/2009 Cash Payment E 401 -43160 -300 Professional Srvs 08 -08 -09 THRU 09 -18-09 STREET LIGHT $71.00 REPLACEMENT Invoice 0128285 10/27/2009 Project PW0907 Cash Payment E 101 -41500 -430 Miscellaneous 08 -08 -09 THRU 09 -18 -09 2010 SW ISLAND $3,661.00 AREA Invoice 0128286 10/27/2009 Transaction Date 10/2012009 Wells Fargo 10100 Total $152,671.50 Refer 102709 BORDER STATES_ ELECTRIC SUPP Cash Payment E 101 - 41910 -220 Repair /Maint Supply LAMP BULBS $56.26 Invoice 99938470 10/27/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $56.26 Refer 102709 CARQUEST OF NAVARRE (PAM Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #850 HUB ASSEMBLY $115.96 Invoice 6974 - 106127 10/27/2009 •Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #850 OIL FILTER $4.48 Invoice 6974 - 106102 10/27/2009 Cash Payment E 101-42110-404 Machinery/Equip Repairs #850 HUB ASSEMBLY $149.61 Invoice 6974- 106101 10/27/2009 -2191- City Of Mound 10/21/091:33 PM Page 4 Payments Current Period: October 2009 Refer 102709 CENTERPO/NT ENERGY (MINNEG Cash Payment E 101 -45200 -383 Gas Utilities Cash Payment E 101 -43100 -230 Shop Materials RETURN MERCHANDISE - $42.19 Invoice 133149 -A 10/27/2009 E 101 -41910 -383 Gas Utilities Cash Payment E 601 -49400 -230 Shop Materials RETURN MERCHANDISE - $42.19 Invoice 133149 -B 10/27/2009 E 101 -43100 -383 Gas Utilities Cash Payment E 602 -49450 -230 Shop Materials RETURN MERCHANDISE - $42.18 Invoice 133149 -C 10/27/2009 E 601 -49400 -383 Gas Utilities Cash Payment E 101 -43100 -230 Shop Materials RETURN MERCHANDISE -$3.56 Invoice 6974 - 104241 -A 10/27/2009 E 602 -49450 -383 Gas Utilities Cash Payment E 601 -49400 -230 Shop Materials RETURN MERCHANDISE -$3.56 Invoice 6974 - 104241 -B 10/27/2009 E 609 -49750 -383 Gas Utilities Cash Payment E 60249450 -230 Shop Materials RETURN MERCHANDISE -$3.57 Invoice 6974 - 104241 -C 10/27/2009 E 222 -42260 -383 Gas Utilities Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #848 MISC REPAIRS $4.78 Invoice 6974 - 104257 10/27/2009 E 101 -42110 -383 Gas Utilities Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #851 MISC REPAIRS $27.23 Invoice 6974 - 105672 10/2712009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs CARTRIGE, UNDERCOAT BLOCK $53.87 Invoice 6974 - 106449 10/27/2009 Cash Payment E 101- 43100404 Machinery/Equip Repairs #192 OIL FILTER, MARKER LAMP $45.72 Invoice 6974 - 106365 10/27/2009 Cash Payment E 601- 49400 -404 Machinery/Equip Repairs #302CV SHAFT $149.61 Invoice 6974 - 106569 10/27/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $414.01 Refer 102709 CAT AND FIDDLE BEVERAGE Cash Payment E 609 -49750 -253 Wine For Resale WINE $240.00 Invoice 83945 10127/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $310.00 Invoice 83852 10/27/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $810.60 Invoice 83633 10/27/2009 Transaction Date 10/1312009 Wells Fargo 10100 Total $1,360.60 Refer 102709 CENTERPO/NT ENERGY (MINNEG Cash Payment E 101 -45200 -383 Gas Utilities Invoice 102709 10/27/2009 Cash Payment E 101 -41910 -383 Gas Utilities Invoice 102709 10/27/2009 Cash Payment E 101 -43100 -383 Gas Utilities Invoice 102709 10/27/2009 Cash Payment E 601 -49400 -383 Gas Utilities Invoice 102709 10/27/2009 Cash Payment E 602 -49450 -383 Gas Utilities Invoice 102709 10/27/2009 Cash Payment E 609 -49750 -383 Gas Utilities Invoice 102709 10/27/2009 Cash Payment E 222 -42260 -383 Gas Utilities Invoice 102709 10/27/2009 Cash Payment E 101 -42110 -383 Gas Utilities Invoice 102709 10/27/2009 08 -18 -09 THRU 09 -16 -09 #5714383 08 -18 -09 THRU 09 -16 -09 #5728173 08 -18 -09 THRU 09 -16 -09 #5731601 08 -18 -09 THRU 09 -16 -09 #5731601 08 -18 -09 THRU 09 -16 -09 #5731601 08 -18 -09 THRU 09 -16 -09 #5762358 08 -18 -09 THRU 09 -16 -09 #5765631 08 -18 -09 THRU 09 -16 -09 #5765631 -2192- $67.59 $49.53 $16.32 $16.32 $16.32 $19.29 $49.21 $49.21 • • L` City of Mound Payments Current Period: October 2009 Cash Payment E 101 -45200 -383 Gas Utilities 08 -18 -09 THRU 09 -16 -09 #6093897 Invoice 102709 10/27/2009 10/21/09 1:33 PM Page 5 $27,47 Transaction Date 10/16/2009 Wells Fargo 10100 Total $311.26 Refer 102709 CENTRAL HYDRAULICS, INCORPO Cash Payment E 101 -43100 -221 Equipment Parts SPARE SANDER MOTOR $133.48 Invoice 0013123 10/2712009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs U -SEAL, WIPER SEAL $13.01 Invoice 0013174 10/27/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $146.49 Refer 102709 CENTRAL MCGOWAN, INCORPOR Cash Payment E 60149400 -227 Chemicals HIGH PRESSURE CYLINDER $12.18 Invoice 20271 10/27/2009 -2193- Transaction Date 10/19/2009 Wells Fargo 10100 Total $12.18 Refer 102709 COCA COLA BOTTLING- MIDWEST Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $326.20 Invoice 0138197921 10/27/2009 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $579.20 Invoice 0148053523 10127/2009 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa CREDIT —MIX - $33.00 •Invoice 0148053524 10/27/2009 Transaction Date 10/13/2009 Wells Fargo 10100 Total $872.40 Refer 102709 COPY IMAGES, INCORPORATED Cash Payment E 101 -41910 -440 Other Contractual Servic 10 -09 COPIER MAINTENANCE $220.00 Invoice 111859 10/27/2009 Cash Payment E 101 - 42400 -440 Other Contractual Servic 10 -09 COPIER MAINTENANCE $15.00 Invoice 111858 -A 10/27/2009 Cash Payment E 601 - 49400 -440 Other Contractual Servic 10 -09 COPIER MAINTENANCE $5.00 Invoice 111858 -B 10/27/2009 Cash Payment E 602 -49450 -440 Other Contractual Servic 10 -09 COPIER MAINTENANCE $5.00 Invoice 111858 -C 10/27/2009 Cash Payment E 281 -45210 -440 Other Contractual Servic 10 -09 COPIER MAINTENANCE $5.00 Invoice 111858 -D 10/27/2009 Transaction Date 10120/2009 Wells Fargo 10100 Total $250.00 Refer 102709 CORPRO COMPANIES, INCORPOR Cash Payment E 601- 49400 -440 Other Contractual Servic 06 -01 -09 THRU 05 -31 -10 MAINTENANCE $415.00 Invoice S1089352 10/27/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $415.00 Refer 102709 DAN/MAL DISTRIBUTING, INCORP Cash Payment E 609 -49750 -252 Beer For Resale BEER $77.10 Invoice 1005161 -A 10/27/2009 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $8.96 Invoice 1005161 -B 10/27/2009 Transaction Date 10/13/2009 Wells Fargo 10100 Total $86.06 Refer 102709 DAYDISTRIBUTING COMPANY Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,813.05 Invoice 523535 10127/2009 -2193- City Of Mound 10/21/09 1:33 PM Page 6 Payments Current Period: October 2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $526.85 Invoice 524449 10/27/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total Cash Payment E 609 -49750 -252 Beer For Resale BEER $64.00 Invoice 524450 10/27/2009 $35.00 Invoice 166557 10127/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $3,403.90 Refer 102709 FIRE CONTROL EXTINGUISHER Invoice 166557 10/2712009 Cash Payment E 285 -46388 -220 Repair /Maint Supply REPLACEMENTS $302.01 Invoice 47158 10/27/2009 Cash Payment E 101 - 42110 -460 Janitorial Services Transaction Date 10/13/2009 Wells Fargo 10100 Total $302.01 Refer 102709 FIRST STATE TIRE RECYCLING Cash Payment E 670 - 49500 -460 Janitorial Services 10 -10 -09 RECYLING EVENT $550.00 Invoice S -1717 10/27/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $550.00 Refer 102709 FIRSTLAB _ Cash Payment E 101 -45200 -305 Medical Services 08 -05 -09 RANDOM SCREENING $35.00 Invoice 166557 10127/2009 Cash Payment E 602 -49450 -305 Medical Services 08 -05 -09 RANDOM SCREENING $35.00 Invoice 166557 10/2712009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $70.00 Refer 102709 G & K SERVICES _ Cash Payment E 101 - 42110 -460 Janitorial Services 10 -05 -09 MATS $52.06 Invoice 6830594 10/27/2009 Cash Payment E 222 - 42260 -460 Janitorial Services 10 -05 -09 MATS $73.40 Invoice 6830593 10/27/2009 Cash Payment E 609 - 49750 -460 Janitorial Services 10 -05 -09 MATS $51.60 Invoice 6830590 10/27/2009 Cash Payment E 101 -45200 -218 Clothing and Uniforms 10 -12 -09 UNIFORMS $15.98 Invoice 6842265 -A 10/27/2009 Cash Payment E 10145200 -210 Operating Supplies 10 -12 -09 MATS $62.75 Invoice 6842256 -B 10127/2009 Cash Payment E 609 -49750 -460 Janitorial Services 10 -12 -09 MATS $51.60 Invoice 6842263 10/27/2009 Cash Payment E 10145200 -210 Operating Supplies 10 -05 -09 UNIFORMS $24.97 Invoice 6830595 -A 10/27/2009 Cash Payment E 101 -45200 -210 Operating Supplies 10 -05 -09 MATS $61.88 Invoice 6830595 -B 10/27/2009 Cash Payment E 101 -43100 -218 Clothing and Uniforms 10 -05 -09 UNIFORMS $19.99 Invoice 6830591 -A 10/27/2009 Cash Payment E60149400-218 Clothing and Uniforms 10 -05 -09 UNIFORMS $19.77 Invoice 6830591 -B 10/27/2009 Cash Payment E 60249450 -218 Clothing and Uniforms 10 -05 -09 UNIFORMS $26.68 Invoice 6830591 -C 10/27/2009 Cash Payment E 101 -43100 -230 Shop Materials 10 -05 -09 MATS $70.36 Invoice 6830591 -D 10/27/2009 Cash Payment E 60149400 -230 Shop Materials 10 -05 -09 MATS $70.36 Invoice 6830591 -E 10/27/2009 Cash Payment E 602 -49450 -230 Shop Materials 10 -05 -09 MATS $70.36 Invoice 6830591 -F 10/27/2009 -2194- *I r� • -2195- City of Mound 10/21/09 1:33 PM Page 7 • Payments Current Period: October 2009 Cash Payment E 10143100 -218 Clothing and Uniforms 10 -12 -09 UNIFORMS $19.99 Invoice 6842264 -A 10/27/2009 Cash Payment E 601 -49400 -218 Clothing and Uniforms 10 -12 -09 UNIFORMS $19.77 Invoice 6842264 -B 10/27/2009 Cash Payment E 602 -49450 -218 Clothing and Uniforms 10 -12 -09 UNIFORMS $77.32 Invoice 6842264 -C 10/27/2009 Cash Payment E 10143100 -230 Shop Materials 10 -12 -09 MATS $34.36 Invoice 6842264 -D 10/27/2009 Cash Payment E 60149400 -230 Shop Materials 10 -12 -09 MATS $34.36 Invoice 6842264 -E 10/2712009 Cash Payment E 602 -49450 -230 Shop Materials 10 -12 -09 MATS $34.36 Invoice 6842264 -F 10/27/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $891.92 Refer 102709 GRAPE BEGINNINGS, INCORPORA Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,012.00 Invoice 113217 -A 10127/2009 Cash Payment E 609 -49750 -265 Freight 10 -14 -09 DELIVERY CHARGE $15.75 Invoice 113217 -B 10/27/2009 Transaction Date 1012012009 Wells Fargo 10100 Total $1,027.75 102709 GRIGGS COOPER AND COMPANY •Refer Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $673.50 Invoice 299665 10/27/2009 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $576.04 Invoice 299664 10/27/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $399.45 Invoice 303278 10/27/2009 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $99.14 Invoice 303277 10/27/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,616.41 Invoice 303276 10/27/2009 Transaction Date 10116/2009 Wells Fargo 10100 Total $3,364.54 Refer 102709 HAWKINS, INCORPORATED Cash Payment E 601 -49400 -227 Chemicals CHLORINE CYLINDER $70.00 Invoice 3061395 -RI 10/27/2009 Transaction Date 10/2012009 Wells Fargo 10100 Total $70.00 Refer 102709 HENNEPIN COUNTY INFORMATIO Cash Payment E 101 -42110 -418 Other Rentals 09 -09 RADIO LEASE $1,337.53 Invoice 29098564 10/2712009 Cash Payment E 222 - 42260 -418 Other Rentals 09 -09 RADIO LEASE $733.64 Invoice 29098563 10/27/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $2,071.17 Refer 102709 HOHENSTE/NS, INCORPORATED Cash Payment E 60949750 -252 Beer For Resale BEER $159.00 • Invoice 500195 10/2712009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $159.00 Refer 102709 HOISINGTON KOEGLER GROUP, I- -2195- City of Mound 10/21/09 1:33 PM Page 8 Payments • Current Period: October 2009 Cash Payment E 101 -42400 -300 Professional Srvs 09 -09 COMPREHENSIVE PLAN $22.50 Invoice 006- 020 -14 10127/2009 Project 06002 Cash Payment E 401 -46540 -300 Professional Srvs 09 -09 MOUND VISIONS $853.50 Invoice 007 - 024 -17 10/27/2009 Cash Payment E 101 -42400 -300 Professional Srvs 09 -09 AC SETBACK ALLOWANCES $139.50 Invoice 007 - 001 -18 10/27/2009 Cash Payment G 101 -23216 2911 Cambridge Lane #09 -1 09 -09 2911 CAMBRIDGE LANE #09 -10 $93.00 Invoice 007 - 005 -20 -A 10/27/2009 Cash Payment E 101 -42400 -300 Professional Srvs 09 -09 2116 COMMERCE BLVD #09 -11 $186.00 Invoice 007 - 005 -20 -B 10/27/2009 Cash Payment G 101 -23217 4969 Islandview Drive #09 -12 09 -09 4969 ISLAND VIEW DRIVE #09 -12 $93.00 Invoice 007 - 005 -20 -C 10/27/2009 Transaction Date 10/1312009 Wells Fargo 10100 Total $1,387.50 Refer 102709 INSTANT LAW SOD FARMS Cash Payment G 602 -16325 Fixed Asset- Distribution Sys SINCLAIR LIFT STATION $675.95 Invoice 102709 10/27/2009 Project PW0705 Transaction Date 10/20/2009 Wells Fargo 10100 Total $675.95 Refer 102709 J.R.'S APPLIANCE DISPOSAL, INC Cash Payment E 670- 49500 -460 Janitorial Services 10 -10 -09 RECYCLE EVENT $1,290.00 Invoice 68838 10/27/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $1,290.00 • Refer 102709 JOHNS VARIETY AND PETS Cash Payment E 101 - 41910 -430 Miscellaneous STRAW FOR SCARECROWS $3.73 Invoice 682994 -a 10/27/2009 Cash Payment E 609 -49750 -430 Miscellaneous STRAW FOR SCARECROWS $3.74 Invoice 682994 -a 10127/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $7.47 Refer 102709 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR - $79.20 Invoice 434543 10/27/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,600.31 Invoice 1711544 10/27/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,062.68 Invoice 1711545 10/27/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $967.70 Invoice 1711546 10/27/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $126.00 Invoice 1696744 -B 10/27/2009 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE - $48.00 Invoice 435105 10127/2009 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR - $503.00 Invoice 435816 10/27/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $107.60 Invoice 1715757 10/27/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,069.05 Invoice 1715758 10/27/2009 • Transaction Date 10/912009 Wells Fargo 10100 Total $6,303.14 Refer 102709 JUBILEE FOODS -2196- • City of Mound Payments Current Period: October 2009 Cash Payment E 101 -42110 -210 Operating Supplies MISCELLANEOUS SUPPLIES Invoice 102709 10/27/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Refer 102709 KENNEDY AND GRAVEN 10/21/09 1:33 PM Page 9 $3.62 Total $3.62 Cash Payment E 10141600 -300 Professional Srvs 09 -09 PREPARE FOR AND ATTEND COUNCIL $214.50 Cash Payment MEETING $856.91 Invoice 92164 -A 10127/2009 Transaction Date Cash Payment E 101 - 41600 -316 Legal P & 1 09 -09 CONTRACT FOR LOBBYING SERVICES $56.00 Invoice 92164 -B 10/27/2009 $24.54 Transaction Date 10/20/2009 Wells Fargo 10100 Total $270.50 Refer 102709 LAKE MINNETO_NKA COMM. COMM Cash Payment E 101 -41310 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS Cash Payment E 101 -49840 -300 Professional Srvs 3RD QTR PEG ACCESS FEE $11,180.04 Invoice 102709 10/27/2009 Transaction Date 10/13/2009 Wells Fargo 10100 Refer 102709 LAKER NEWSPAPER Total $11,180.04 Cash Payment E 101 -41110 -351 Legal Notices Publishing 10 -03 -09 SPECIAL ASSESSMENT HEARING Invoice 947977 10/27/2009 Cash Payment E 60149400 -351 Legal Notices Publishing 09 -26 -09 INET HYDRANT FLUSHING Invoice 946210 -A 10/27/2009 •Cash Payment E 602 -49450 -351 Legal Notices Publishing 09 -26 -09 INET HYDRANT FLUSHING Invoice 942610 -B 10/27/2009 $197.34 $57.50 $57.49 Transaction Date 10/9/2009 Wells Fargo 10100 Total $312.33 Refer 102709 LAKER/P/ONEER NEWSPAPER Cash Payment E 609 - 49750 -340 Advertising 09 -26 -09 FALL WINE SALE $856.91 Invoice 939316 10/27/2009 Transaction Date 1019/2009 Wells Fargo 10100 Total $856.91 Refer 102709 LEAGUE MN CITIES INSURANCE T Cash Payment E 101 - 41110 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS $24.54 COMPENSATION Invoice 16672 10/27/2009 Cash Payment E 101 -41310 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS $414.15 COMPENSATION Invoice 16672 10/27/2009 Cash Payment E 101 -41500 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS $325.18 COMPENSATION Invoice 16672 10/27/2009 Cash Payment E 101 -42110 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS $9,319.82 COMPENSATION Invoice 16672 10/27/2009 Cash Payment E 101 -42400 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS $337.45 COMPENSATION Invoice 16672 10/27/2009 Cash Payment E 101 -43100 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS $4,948.28 COMPENSATION Invoice 16672 10/27/2009 Cash Payment E 101 -45200 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS $1,727.14 • COMPENSATION Invoice 16672 10/27/2009 IRINFA City of Mound 10/21/091:33 PM Page 10 Payments Current Period: October 2009 Refer 102709 MNSPECT Cash Payment E 101 -42400 -308 Building Inspection Fees Invoice 2990 10/27/2009 Cash Payment Cash Payment E 22242260 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS 10/27/2009 $3,012.53 R 101 -42000 -32220 Electrical Permit Fee Invoice 2990 COMPENSATION Invoice 16672 10/27/2009 Cash Payment E 281 -45210 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS $334.38 COMPENSATION Invoice 16672 10127/2009 Cash Payment E 601 -49400 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS $1,346.74 COMPENSATION Invoice 16672 10/27/2009 Cash Payment E 602 -49450 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS $4,948.28 COMPENSATION Invoice 16672 10/27/2009 Cash Payment E 60949750 -151 Worker's Comp Insuranc 4TH INSTALLMENT WORKERS $1,607.51 COMPENSATION Invoice 16672 10/27/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $28,346.00 Refer 102709 MARK Vll DISTRIBUTOR Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,823.40 Invoice 525789 10/27/2009 Cash Payment E 60949750 -252 Beer For Resale BEER $2,775.54 Invoice 523055 10/27/2009 Transaction Date 10/13/2009 Wells Fargo 10100 Total $5,598.94 Refer 102709 METRO FIRE Cash Payment E 222 -42260 -409 Other Equipment Repair SENSOR, CALIBRATION DETECTOR $242.80 Invoice 35968 10/27/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $242.80 Refer 102709 METRO PLAINS DEVELOPMENT C Cash Payment E 355 -46384 -600 Debt Sry Principal SUBORDINATE NOTE REDEMPTION $4,700.00 INSTALLMENT #2 PER ARTICLE 5 Invoice 102709 10/27/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $4,700.00 Refer 102709 MILLER DUNWIDDIE ARCHITECTU Cash Payment E 40146570 -300 Professional Srvs 09 -09 PUMPHOUSE RELOCATION $179.84 Invoice 15698 10/27/2009 Project PW0808 Transaction Date 10/19/2009 Wells Fargo 10100 Total $179.84 Refer 102709 MINNESOTA UNEMPLOYMENT INS Cash Payment E 60949750 -140 Unemployment Comp 3RD QUARTER, GARCIA $41.54 Invoice 102709 10/27/2009 Cash Payment E 609 -49750 -140 Unemployment Comp 3RD QUARTER, SOURINTA $310.57 Invoice 102709 10/27/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $352.11 Refer 102709 MNSPECT Cash Payment E 101 -42400 -308 Building Inspection Fees Invoice 2990 10/27/2009 Cash Payment G 101 -20800 Due to Other Governments Invoice 2990 10/27/2009 Cash Payment R 101 -42000 -32220 Electrical Permit Fee Invoice 2990 10/27/2009 • 09 -09 BUILDING INSPECTIONS $10,719.42 09 -09 ELECTRICAL SURCHARGE -$4.50 is 09 -09 ELECTRICAL PERMITS - $265.00 -2198- City Of Mound/ 10/21/09 1:33 PM Page 11 • Payments -2199- Current Period: October 2009 Cash Payment E 222 -42260 -308 Building Inspection Fees 09 -09 FIRE INSPECTIONS $667.50 Invoice 2992 10/27/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $11,117.42 Refer 102709 MORRELL ENTERPRISES, LP Cash Payment E 670- 49500 -460 Janitorial Services 10 -09 -09 RECYCLE EVENT $245.70 Invoice 18875 10/27/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $245.70 Refer 102709 MOUND FIRE RELIEF ASSOCIATIO Cash Payment E 222 -42260 -124 Fire Pens Contrib 10 -09 FIRE RELIEF $11,125.00 Invoice 102709 10/27/2009 Transaction Date 10/21/2009 Wells Fargo 10100 Total $11,125.00 Refer 102709 MOUND POST OFFICE Cash Payment E 101 - 41910 -322 Postage STANDARD MAIL PERMIT $185.00 Invoice 102709 10/27/2009 PO 22419 Transaction Date 10/20/2009 Wells Fargo 10100 Total $185.00 Refer 102709 MOUND, CITY OF Cash Payment E 609 - 49750 -382 Water Utilities 09 -09 WATER/SEWER $30.49 Invoice 102709 10/27/2009 •Transaction Date 10/19/2009 Refer 102709 MULCH STORE, Tf-IE Wells Fargo 10100 Total $30.49 Cash Payment E 401 -43109 -500 Capital Outlay FA SOD PALLET, BLEND $126.12 Invoice 6376 10127/2009 Project PWO901 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys SOD PALLET, BLEND $106.88 Invoice 6376 10/27/2009 Project PW0705 Cash Payment E 60149400 -220 Repair /Maint Supply SOD PALLET, BLEND $156.05 Invoice 6376 10/27/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $389.05 Refer 102709 NEOPOST Cash Payment E 101- 41910 -400 Repairs & Maintenance 10 -03 -09 THRU 10 -02 -10 MAINTENANCE ON $630.38 SCALE Invoice 45602112 10/27/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $630.38 Refer 102709 NORTHERN TOOL AND EQUIPMEN y Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs SWEEPER PARTS $250.98 Invoice 4032022600 10/27/2009 Transaction Date 10/2012009 Wells Fargo 10100 Total $250.98 Refer 102709 OFFICE DEPOT Cash Payment E 281 -45210 -200 Office Supplies INKJET CARTRIDGE $36.53 Invoice 490720469001 10/27/2009 PO 21196 Cash Payment E 281- 45210 -200 Office Supplies FLASH DRIVE $38.65 Invoice 490720430001 10/27/2009 PO 21196 Cash Payment E 101 -42400 -200 Office Supplies DATE STAMPER, LABELS, $42.44 .Invoice 491412435001 10/27/2009 PO 22180 Cash Payment E 101 -42110 -200 Office Supplies PAPER $108.85 Invoice 491526431001 10/27/2009 PO 21729 Transaction Date 10/20/2009 Wells Fargo 10100 Total $226.47 -2199- City of Mound Payments Current Period: October 2009 Refer 102709 PAUSTIS AND SONS WINE COMPA Cash Payment E 609 -49750 -253 Wine For Resale Invoice 8236632 -A 10/27/2009 Cash Payment E 60949750 -265 Freight Invoice 8236632 -B 10/27/2009 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 8237859 -A 10/27/2009 Cash Payment E 609 - 49750 -265 Freight Invoice 8237859 -B 10/27/2009 10/21/09 1:33 PM Page 12 WINE $1,177.74 10 -05 -09 DELIVERY CHARGE $20.00 WINE $506.00 10 -15 -09 DELIVERY CHARGE $10.50 Transaction Date 10/9/2009 Wells Fargo 10100 Total $1,714.24 Refer 102709 PEPSI -COLA COMPANY Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $85,72 Invoice 102709 10/27/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $85.72 Refer 102709 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $56.75 Invoice 2817472 10/27/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $4,197.30 Invoice 2817473 10/27/2009 Cash Payment E 609 -49750 -251 liquor For Resale LIQUOR $967.80 Invoice 2820762 10/27/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $526.80 Invoice 2820763 10/27/2009 Transaction Date 10/16/2009 Wells Fargo 10100 Total $5,748.65 Refer 102709 PROTECTION ONE Cash Payment E 101 - 43100 -440 Other Contractual Servic 10 -28 -09 THRU 01 -27 -10 FIRE ALARM $56.75 MONITORING Invoice 102709 -A 10/27/2009 Cash Payment E 601 -49400 -440 Other Contractual Servic Invoice 102709 -B 10/27/2009 Cash Payment E 602 - 49450 -440 Other Contractual Servic Invoice 102709 -C 10/27/2009 Cash Payment E 101-41910-440 Other Contractual Servic Invoice 102709 10/27/2009 10 -28 -09 THRU 01 -27 -10 FIRE ALARM $56.75 MONITORING 10 -28 -09 THRU 01 -27 -10 FIRE ALARM $56.75 MONITORING 10 -28 -09 THRU 01 -27 -10 FIRE ALARM $163.46 MONITORING Transaction Date 10/19/2009 Wells Fargo 10100 Total $333.71 Refer 102709 QUALITY WINE AND SPIRITS Cash Payment E 609 -49750 -253 Wine For Resale WINE $671.50 Invoice 216372 10/27/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,502.56 Invoice 216373 10/27/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,021.65 Invoice 216626 10/27/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $3,056.20 Invoice 219507 10/27/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $962.00 Invoice 219506 10/27/2009 -2200- • • • -2201- City Of Mound 10/21/09 1:33 PM Page 13 • Payments Current Period: October 2009 Transaction Date 10/16/2009 Wells Fargo 10100 Total $8,213.91 Refer 102709 RAYS SERVICES Cash Payment E 101 - 45200 -533 Tree Removal GILLESPIE CENTER AREA $1,700.00 Invoice 102709 10/27/200.9 Cash Payment E 101 -45200 -533 Tree Removal CARLOW AND CLAIRE $495.00 Invoice 102709 10/27/2009 Cash Payment E 101 -45200 -533 Tree Removal 2925 STAFFORD ROAD $695.00 Invoice 102709 10/27/2009 Cash Payment E 101 -45200 -533 Tree Removal 5400 BLOCK OF THREE POINTS $185.00 Invoice 102709 10/27/2009 Cash Payment E 101 - 45200 -533 Tree Removal CRESCENT PARK $760.00 Invoice 102709 10/27/2009 Cash Payment E 101 -45200 -533 Tree Removal 4455 RADNOR LANE $1,475.00 Invoice 102709 10/27/2009 Cash Payment E 101 -45200 -533 -i ree Removal 3017 LONGFELLOW LANE $235.00 Invoice 102709 10/27/2009 Cash Payment E 101 -45200 -533 Tree Removal 3051 LONGFELLOW LANE $1,250.00 Invoice 102709 10/27/2009 Cash Payment E 101 - 45200 -533 free Removal WINDSOR ROAD $5,475.00 Invoice 102709 10/27/200x' •Cash Payment E 101 -45200 -533 Tree Removal 5100 DRUMMOND ROAD $125.00 Invoice 102709 10/27/200,9 Cash Payment E 10145200 -533 -free Removal CITY LOT $185.00 Invoice 102709 10/27/200ii Cash Payment E 101 -45200 -533 free Removal 2971 CAMBRIDGE LANE $725.00 Invoice 102709 10/27/2009 Cash Payment E 10145200 -533 -free Removal 3033 BRIGHTON BLVD $1,465.00 Invoice 102709 10/27/20M9 Cash Payment E 101 -45200 -533'1 -ree Removal END OF BRADFORD ROAD $1,250.00 Invoice 102709 10/27/2009 Cash Payment E 101 -45200 -533 -1 ree Removal 4674 CUMBERLAND $385.00 Invoice 102709 10/27/200':± Cash Payment E 101 - 45200 -533 Tree Removal 2925 DORCHESTER ROAD $875.00 Invoice 102709 10/27/2009 Cash Payment E 101 -45200 -533 -Tree Removal AVALON PARK $865.00 Invoice 102709 10/27/20' 4i Cash Payment E 101- 45200 -533 T ee Removal RUSTICWOOD $2,475.00 Invoice 102709 10/27/200:) Cash Payment E 281 -45210 -533 Tree Removal LAKESIDE LANE $5,700.00 Invoice 102709 10/27/200 °D Cash Payment E 675 -49425 -440 O'her Contractual Servic TREE REMOVAL $7,555.00 Invoice 102709 10/27/200'1 Transaction Date 10/13/2009 Wells Fargo 10100 Total $33,875.00 Refer 102709 RMH SERVICES, 1r.00RP0RATED Cash Payment E 101 - 49999 -430 f.°scellaneous 07 -06 -09 3063 DEVON LANE $133.59 Invoice 2933 10/27/200::+ Cash Payment E 101 - 49999 -430 Nl scellaneous 07 -28 -09 5019 ENCHANTED ROAD $267.19 Invoice 2957 10/27/2009 -2201- City of Mound Payments Current Period: October 2009 10/21/09 1:33 PM Page 14 Cash Payment E 101 -49999 -430 Miscellaneous 4523 TUXEDO BLVD TRASH CLEAN UP $1,689.88 Invoice 2995 10/27/2009 Transaction Date 10/20/2009 Wells Fargo 10100 Total $2,090.66 Refer 102709 SENTRYSYSTEMS, INCORPORAT Cash Payment E 609 -49750 -440 Other Contractual Servic 11 -09 BURGLARY AND FIRE MONITORING $67.08 Invoice 608193 10/27/20019 Transaction Date 10/19/2009 Wells Fargo 10100 Total $67.08 Refer 102709 STAPLES BUSINESS ADVANTAGE Cash Payment E 101 -41110 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.45 Invoice 3125607179 -A 10/27/2009 PO 21658 Cash Payment E 101 - 41310 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $4.09 Invoice 3125607179 -B 10/27/2009 PO 21658 Cash Payment E 101 - 41500 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $5.54 Invoice 3125607179 -C 10/27/2009 PO 21658 Cash Payment E 101 -42400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $3.13 Invoice 3125607179 -D 10/27/2009 PO 21658 Cash Payment E 101 - 45200 -200 Office Supplies WALL CALENDAR, ENVELOPES $24.20 Invoice 3125607179 -E 10/27/2009 PO 21658 Cash Payment E 101 -43100 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.68 Invoice 3125607179 -F 10/27/2009 PO 21658 Cash Payment E 609 -49750 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.43 Invoice 3125607179 -G 10/27/2009 PO 21658 Cash Payment E 601 - 49400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.17 Invoice 3125607179 -H 10/27/2000 PO 21658 Cash Payment E 602 -49450 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.17 Invoice 3125607179 -1 10/27/2009 PO 21658 Cash Payment E 101 - 42110 -200 Office Supplies BINDER NOTEBOOKS $60.76 Invoice 3125607180 10/27/2009 PO 21724 Transaction Date 10/19/2009 Wells Fargo 10100 Total $106.62 Refer 102709 STERNE ELECTRIC COMPANY_ _ Cash Payment E 101 - 43100 -400 Repairs & Maintenance STREET LIGHT REPAIR $278.95 Invoice 10319 10/2712009 Transaction Date 10/2012009 Wells Fargo 10100 Total $278.95 Refer 102709 STRE/CNER'S Cash Payment E 101 - 42110 -218 Clothing and Uniforms UNIFORMS, SMITH $163.96 Invoice 1670168 10/27/2009 PO 21712 Cash Payment E 222 - 42260 -219 Safety supplies PANTS, TAYLOR $29.95 Invoice i657653 Transaction Date 10/19/2009 Wells Fargo 10100 Total $193.91 Refer 102709 TAYLOR, J.J. DISTRIBUTING MINN Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $120.00 Invoice 1317271 10/27/2009 Cash Payment E 609 - 49750 -252 Beer For Resale CREDIT —BEER - $13.55 Invoice 1317270 10/27/2009 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $1,314.15 Invoice 1317272 10/27/2009 Cash Payment E 609- 49750 -252 Beer For Resale BEER $29.30 Invoice 1317273 10/27/2009 -2202- • City Of Mound 10121/09 1:33 PM Page 15 • Payments Current Period: October 2009 Cash Payment E 609 -49750 -252 Bever For Resale BEER $2,598.25 Invoice 1317305 10/27/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $4,048.15 Refer 102709 ter_. THORPE DISTRIBUTINGCOMPAN Cash Payment E 609- 49750 -252 Beer For Resale BEER $77.90 Invoice 562332 10/27/200:? Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,712.45 Invoice 562333 10/27/2009 Cash Payment E 609 -49750 -252 Beer For Resale CREDIT —BEER - $54.00 Invoice 563320 10/27/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $101.35 Invoice 563318 10/27/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,628.80 Invoice 563319 10/27/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $715.00 Invoice 73827 10/27/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $6,181.50 Refer 102709 TRUAX, TODD Cash Payment _ E 101 - 41920 -400 Repairs & Maintenance 10 -15 -09 WORKSTATION REPAIRS $100.00 09 -00068 10/27/2009 •Invoice Cash Payment E 101 - 41920 -500 Capital Outlay FA REVIEW PROPOSAL $540.00 Invoice 102709 10/27/2009 Project SERVER Transaction Date 10/13/2009 Wells Fargo 10100 Total $640.00 Refer 102709 TRUE VALUE, MOUND Cash Payment E 609 - 49750 -210 Operating Supplies 09 -09 MISCELLANEOUS SUPPLIES $39.36 Invoice 093009 10/27/2009 Cash Payment E 101 -45200 -220 Reepair/Maint Supply 09 -09 MISCELLANEOUS SUPPLIES $100.89 Invoice 093009 10/27/2009 Cash Payment E 285 -46388 -223 Building Repair Supplies 09 -09 MISCELLANEOUS SUPPLIES $14.18 Invoice 093009 10/27/2009 Cash Payment E 101 -43100 -460 Janitorial Services 09 -09 MISCELLANEOUS SUPPLIES $5.08 Invoice 093009 10;27/2009 Cash Payment E 601 - 49400 -460 Janitorial Services 09 -09 MISCELLANEOUS SUPPLIES $5.08 Invoice 093009 10/27/2009 Cash Payment E 602 - 49450 -460 Janitorial Services 09 -09 MISCELLANEOUS SUPPLIES $5.09 Invoice 093009 10/27/2009 Cash Payment E 602 - 49450 -220 Repair /Maint Supply 09 -09 MISCELLANEOUS SUPPLIES $392.78 Invoice 093009 10/27/2009 Cash Payment E 601 - 49400 -218 Clothing and Uniforms 09 -09 MISCELLANEOUS SUPPLIES $41.95 Invoice 093009 10/27/2009 Cash Payment E 602 - 49450 -218 Clothing and Uniforms 09 -09 MISCELLANEOUS SUPPLIES $17.99 Invoice 093009 10/27/2009 Cash Payment E 602 -49450 -221 17quipment Parts 09 -09 MISCELLANEOUS SUPPLIES $12.15 Invoice 093009 10/27/2009 Cash Payment E 101 - 42110 -210 Operating Supplies 09 -09 MISCELLANEOUS SUPPLIES $34.66 • Invoice 093009 10/27/2009 Transaction Date 10/6/2009 Wells Fargo 10100 Total $669.21 Refer 102709 TWIN CITY GARAGE DOOR COMP -2203- City Of Mound 10/21/09 1:33 PM Page 16 Payments is Current Period: October 2009 ,14=1ZMr Cash Payment E 22242260 -401 Building Repairs #3 ROLLER AND KEY $288.36 Invoice 321045 1027/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $288.36 Refer 102709 VALLEY NATIONAL GASES LOC 90 Cash Payment E 22242260 -418 Other Rentals AIR AND OXYGEN $39.76 Invoice 853199 10127/2009 Transaction Date 10/9/2009 Wells Fargo 10100 Total $39.76 Refer 102709 VILLAGE C1iEVROLET _ Cash Payment E 101 -42110 -404 Machinery/Equip Repairs #850 HARNESS $76.27 Invoice 191559 10/27/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $76.27 Refer 102709 VINO SOURCE, THE Cash Payment E 609 -49750 -253 Wine For Resale. WINE $216.00 Invoice 57182 -A 1027/2009 Cash Payment E 60949750 -265 Freight 05 -29 -09 DELIVERY CHARGE $2.00 Invoice 57182 -B 10/27/2009 Cash Payment E 60949750 -252 Beer For Resale BEER $95.31 Invoice 28500 10/27/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $313.31 Refer 102709 VINOCOPIA. INCORPORATED _ • Cash Payment E 60949750 -253 Wine For Resale WINE $208.00 Invoice 19100 -A 10/27/'2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $138.50 Invoice 19100 -B 10/27/2009 Cash Payment E 609- 49750 -265 Freight 10 -08 -09 DELIVERY CHARGE $7.50 Invoice 19100 -C 10/27/2009 Cash Payment E 609 - 49750 -253 'Vine For Resale CREDIT —WINE - $19.95 Invoice 18664 -E 10/27/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $334.05 Refer 102709 WESTONKA, BUS SERVICE _ Cash Payment E 101 -41500 -430 Miscellaneous 09 -22 -09 MOUND CITY TOUR $52.50 Invoice 585 10127/2009 Transaction Date 10/19/2009 Wells Fargo 10100 Total $52.50 Refer 102709 WINE COMPANY Cash Payment E 609 - 49750 -253 Wine For Resale WINE $1,048.00 Invoice 227595 -A 10/27/2009 Cash Payment E 60949750 -265 Freight 10 -08 -09 DELIVERY CHARGE $18.15 Invoice 227595 -B 10!27/2009 Cash Payment E 609 - 49750 -253 Wine For Resale CREDIT —WINE - $104.00 Invoice 228037 10/27/2009 Transaction Date 10/130009 Wells Fargo 10100 Total $962.15 Refer 102709 WINE MERCHANTS Cash Payment E 609 - 49750 -253 Wine For Resale WINE $2,379.95 Invoice 291190 10/27/2009 • Cash Payment E 60949750-253 Wine For Resale WINE $723.00 Invoice 292117 1 0/27/2009 -2204- 10 City of Mound Payments 10/21/09 1:33 PM Page 17 Current Period: October 2009 Transaction Date 10/16/2009 Wells Fargo 10100 Total $3,102.95 Refer 102709 XCEL ENERGY b Cash Payment E 101-45200-381 Electric Utilities Invoice 293075653 10/27/2009 Cash Payment E 101 -43100 -381 Electric Utilities Invoice 293075653 10/27/2009 Cash Payment E 601 - 49400 -381 Electric Utilities Invoice 293075653 10/27/2009 Cash Payment E 602 - 49450 -381 Electric Utilities Invoice 293075653 10/27/2009 Cash Payment E 609- 49750 -381 Electric Utilities Invoice 293075653 10/27/2009 Cash Payment E 222 - 42260 -381 Electric Utilities Invoice 293075653 1027/2009 Cash Payment E 101 - 42110 -381 Electric Utilities Invoice 293075653 10!27/2009 Cash Payment E 101 - 41910 -381 Electric Utilities Invoice 293075653 10/27/2009 Cash Payment E 285 -46388 -381 Electric Utilities Invoice 293075653 10!27/2009 09 -09 #51- 6002837 -1 09 -09 #51- 6002837 -1 09 -09 #51- 6002837 -1 09 -09 #51- 6002837 -1 09 -09 #51- 6002837 -1 09 -09 #51- 6002837 -1 09 -09 #51- 6002837 -1 09 -09 #51- 6002837 -1 09 -09 #51- 6002837 -1 $239.06 $960.19 $3,444.99 $2,046.65 $1,573.26 $1,144.55 $1,144.55 $1,276.96 $1,306.07 • Transaction Date 10/20/009 Wells Fargo 10100 Total $13,136.28 Refer 102709 Z WINES USA LLC I* Cash Payment E 609 - 49750 -253 Wine For Resale Invoice 8076 -A 10/27/2009 Cash Payment E 609 -49750 -265 Freight Invoice 8076 -B 10/27/2009 WINE 10 -14 -09 DELIVERY CHARGE $324.00 $7.50 Transaction Date 10/19/2,009 Wells Fargo 10100 Total $331.50 -2205- City of Mound Payments Current Period: October 2009 Fund Summary Pre - Written Check $0.00 Checks to be Generated by the Compute $345,281.41 Total $345,281.41 -2206- 10/21/09 1:33 PM Page 18 *I 61 • 10100 Wells Fargo 101 GENERAL FUND $76,348.54 222 AREA FIRE SERVICES $17,465.84 281 COMMONS DOCKS FUND $6,114.56 285 MOUND HRA $1,622.26 355 2003 -C G.O.TIF 1 -2 $4,700.00 401 GENERAL CAPITAL PROJECTS $112,701.66 427 SEAL COAT FUND $426.00 601 WATER FUND $6,806.10 602 SEWER FUND $35,708.72 609 MUNICIPAL LIQUOR FUND $60,493.28 670 RECYCLING FUND $2,085.70 675 STORM WATER U'; ILITY FUND $20,808.75 $345,281.41 Pre - Written Check $0.00 Checks to be Generated by the Compute $345,281.41 Total $345,281.41 -2206- 10/21/09 1:33 PM Page 18 *I 61 • • CITY OF MOUND RESOLUTION NO. 09-83 A RESOLUTION OF THE CITY COUNCL OF THE CITY OF MOUND, MINNESOTA, TO RECOGNIZE THE NATIONAL ACHIEVEMENT OF KADE RATTERATH WHEREAS, in 2009 the United States Power Squadrons held a national competition in three age categories for poster design to promote safe boating; and WHEREAS, posters were created by young people across the nation and submitted for Power Squadron District judging with winners forwarded to the United States Power Squadron National Board of Governors meeting in Kansas City for final judging in September of 2009; and WHEREAS, Kade Ratterath of Shirley Hills Elementary School in the City of Mound, Minnesota, placed second in the national competition for the 6 to 8 year old age category; and WHEREAS, Kade Ratterath's efforts have resulted in national recognition for the Westonka area and the City of Mound, • NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that: The City of Mound congratulates Kade Ratterath on behalf of the entire community for the accomplishment he has achieved in this national competition. 2. The Mound City Council thanks Kade Ratterath for bringing recognition and honor to himself, his school, and the City of Mound, Minnesota. Adopted by the City Council of the City of Mound, Minnesota, this 27h day of October, 2009. • Attest: Bonnie Ritter, City Clerk -2207- Mayor Mark Hanus B4 L�.TON &. t✓1 N K , Consulting Engineers & Surveyors 'i 2638 Shadow Lane, Suite 200 • Chaska, MN 55318 -1172 Phone (952) 448 -8838 - Fax (952) 448 -8805. www.bolton- menk.com October 22, 2009 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 RE: 2008 Street Improvement Project City Project No. PW -08 -01 Pay Request No. 7 Dear Ms. Hanson: I NC® Please find enclosed Pay Request No. 7 from S.M. Hentges & Sons, Inc. for work completed on the 2008 Street Improvement Project through September 4, 2009. Since the project work has been completed, except for minor items that need to be repaired or replaced, the retained amount has been reduced from 5% to 3 %. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $249,923.96 to S.M. Hentges & Sons, Inc. Sincerely, BOLTON •- &�MENK, INC. Daniel L. Faulkner, P.E. Mound City Engineer cc: Carlton Moore, Director of Public Works Catherine Pausche, Director of Finance F:\MOUN \C t 239744 \Pay Estimates\Ltr of Recdn Pay't No 6.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer -2208- • • • I* • PAY CONTRACTOR AS ESTIMATE NO. 7 .................................................................................. ............................... $ 249,923.96 Certificate for Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor: S.M. Hentges & Sons, Inc. 650 Quaker Avenue P.O. Box 69 Jordan, MN 55352 -0069 By Name Title Date' CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., ENGINEERS, 26388 SHADOW LN, SUITE 200, CHASKA MN 55318 By 6?-g4'- / W y �7/I _— , PROJECT ENGINEER Daniel L. Faulkner Date / 0 APPROVED FOR PAYMENT: Owner: CITY OF MOUND By _ Name Title Date And Name Title Date -2209- DATE: 10/22/2009 CONTRACTOR'S PAY REQUEST NO. 7 CONTRACTOR S.M. Hentges & Sons • 2008 STREET IMPROVEMENTS OWNER CITY PROJECT NO. PW -08 -01 ENGINEER City of Mound Bolton & Menk BMI PROJECT NO, C12.39740 FOR WORK COMPLETED FROM 11/28/2008 THROUGH 9/4/2009 TOTALAMOUNT BID .................................................................................................................. ............................... $ 1,969,721.00 APPROVEDCHANGE ORDERS ............................................................................ ............................... $ - CURRENT CONTRACT AMOUNT .......................................................................... ............................... $ 1,969,721.00 TOTAL, COMPLETED WORK TO DATE ....................................................................................... ............................... $ 2,379,111.96 TOTAL, STORED MATERIALS TO DATE .................................................................................. ............................... $ DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED .............................. ............................... $ - TOTAL, COMPLETED WORK & STORED MATERIALS .............................................................. ............................... $ 2,379,111.96 RETAINED PERCENTAGE ( 3% ) ......................................................................... ............................... $ 71,373.36 TOTAL AMOUNT OF OTHER DEDUCTIONS .......................................................................... ............................... $ - NET AMOUNT DUE TO CONTRACTOR TO DATE ..................................................................... ............................... $ 2,307,738.60 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES .................................................................. ............................... $ 2,057,814.64 I* • PAY CONTRACTOR AS ESTIMATE NO. 7 .................................................................................. ............................... $ 249,923.96 Certificate for Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor: S.M. Hentges & Sons, Inc. 650 Quaker Avenue P.O. Box 69 Jordan, MN 55352 -0069 By Name Title Date' CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., ENGINEERS, 26388 SHADOW LN, SUITE 200, CHASKA MN 55318 By 6?-g4'- / W y �7/I _— , PROJECT ENGINEER Daniel L. Faulkner Date / 0 APPROVED FOR PAYMENT: Owner: CITY OF MOUND By _ Name Title Date And Name Title Date -2209- MEMORANDUM TO: Mayor Hanus and City Council FROM: Jim Fackler, Parks Superintendent DATE: October 20, 2009 RE: Public Lands Permit — 4528 Aberdeen Dan Scherven — Invisible Fence on unimproved Knox Ln U At the October 8, 2009 Parks and Open Space Commission (POSC) the Commission recommended approval of a Public Lands Application submitted by Dan Scherven to install an invisible fence on unimproved Knox Lane which is adjacent to his property at 4528 Aberdeen Rd. Below is an excerpt from the October 8, 2009 POSC meeting • minutes: Public Lands Permit — 4528 Aberdeen. Fackler summarized the After- The -Fact Public Lands Permit application for an invisible fence on unimproved Knox Lane. Dan Scherven, 4528 Aberdeen Road addressed the Commission. He stated the fence has been in for 6 years and he's maintained unimproved Knox Lane for the past 35 years. A new owner on Tuxedo moved in and requested the fence be moved. Fence is currently torn out due to the construction on Island View Drive. The fence would be installed on the half of unimproved Knox Lane abutting his property. Peterson asked if there were any utilities on the property. MOTION by Wilkus to approve Public Lands Permit with staff recommendations. SECOND by Lee. Voting in favor, Dunwoody, Wilkus, Lee, Evans. Opposed Todd Peterson. MOTION carries. • -2210- • • • PUBLIC LANDS REPORT TO: Parks and Open Space Commission FROM: Jim Fackler, Park Superintendent DATE: April 2, 2009 SUBJECT: After- The -Fact Invisible Fence on Unimproved Knox Lane APPLICANT: Dan Scherven — 4528 Aberdeen LOCATION: Unimproved Knox Lane REQUEST: Maintain existing invisible fence on unimproved Knox Lane 320.01 Special Permits for Certain Structures on Public Land. Subd.1. Construction on Public Land Permit. Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land permit is issued as provided in this section. Any proposed construction, special use or, land alteration shall require the applicant to provide necessary drawings to scale, specifications of materials to be used, proposed costs, and purpose for change. All special permits shall require a survey by a registered land surveyor before a special permit will be issued. Survey shall comply with the Mound Building Code survey requirements. Copies of such surveys, drawings, specifications of materials, proposed costs and statements of purpose shall be furnished to the City and kept on file in the City offices. No special permit shall be issued unless approved by a simple majority of the Council members. (ORD. 108-2000,7/16/00) CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. All written comments received to date have been summarized below: -2211- Jim Fackler, Park Superintendent: • If approved, must meet on site with City Staff to look at where the line will be installed. If approved, must be owner's responsibility to pickup pet waste. If City has to do any work that disturbs the invisible fence, the City will not be responsible for repair to the invisible fence. Sarah Smith, Community Development Director: Hold harmless agreement required. All standard permitting applies Shoreline Overlay District is in City Code section 350.1200 (attached). No clear cutting. No work is authorized in wetland unless approvals are received (if applicable) Ray Hanson — Engineering/Planning Technician: Expose property corners Show location in field to verify wire is on correct property The invisible fence should be on private property, not public right of way Greg Skinner, Public Works Superintendent: No comments Carlton Moore, Public Works Director: • No comments SITE INSPECTION City Officials and Commission Members are encouraged to visit the site prior to the meeting. RECOMMENDATION Staff recommends denial of this request. CITY COUNCIL REVIEW Is required. ATTACHMENTS: • Public Lands Permit Application dated November 2, 2008 • Hennepin County Property Map 2 -2212- - AFTER- THE -FACT PUBLIC LANDS RECEIVED --- APPLICATION 0 5341 Maywood Road, Mound, MN 55364 Phone 952-472-08.W Fax 952-472-0020 NOV 2 r Z008 Date Received 1 UND Parks, Open.Space and Docks,.Commission Date City Council Date DISTRIBUTION Building Official Parks Director DNR MCWD Public Works Other Check One ❑ CONSTRUCTION ON PUBLIC LAND PERMIT — new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1).. ❑ PUBLIC LAND MAINTENANCE PERMIT — to allow repairs to an'existing-structure (City Code Section 320, Subd, 3). CONTINUATION OF STRUCTURE — to allow an existing encroachment to remain in 4 an as is condition (Gity Code Section 320, Subd. 3). LAND ALTERATION — change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). ucture or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, etc. are all NONCONFORMING USES. It is the Intent of the City to bring all these uses into conformance, which Bans that those structures will at some time in the future have to be removed from the public lands. All permits are anted for a limited time and are non - transferable. Stairway construction must meet the State Building Code when the !rmit is for new construction, or a new permit is applied for due to a change in dock site holder. Please+ or print 1 ibl APPLICANT Name` N 1J l (�, 1 �j ( R_V�:,' t) Phone (H) (W) (M)6 Z 3'i'4 6 b 6 ABUTTING Address PROPERTY LEGAL Lot Block DESC. Subdivision PID# j9- j 6 69 Plat# Adshk ZONING DISTRICT R -1 R -1A R -2 R -3 B -1 B -2 B -3 �frc Lands Permit Application Page 1 of 2 Revised 119108 -2213- PUBLIC PROPERTY - Name Ck ►J Dock Site # Shoreline Type CONTRACTOR. NameZ� Z� Address Phone (H) (VV) (M) A FEE OF $200.00 APPLIES IF VALUATION OF PROJECT EXCEEDS $1,000.00 AND NO PUBLIC BENEFIT IS DERIVED. PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) DESCRIBE REQUEST & PURPOSE), iJ 1 )1 S A; ( 1?-. Applicant's Signature, Public Lands Permit Application Page 2 of 2 J Revised 119108 -2214- S s E i 2 • • 0 Hennepin County Property Map Print Page 1 of 1 nnepin County Property Map - Tax Year: 2008 m contained on this page Is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a 11 veyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purpo n County does not guarantee the accuracy of material herein contained and Is not responsible for any misuse or misrepresentation of this information or its derivatives. Selected Parcel Data Date Printed: 11/24/2008 11:S5:21 AM Parcel ID: 19- 117 -23 -34 -0068 Current Parcel Date: 1113/2008 j j Owner Name: D L SCHERVEN & T L SCHERVEN j1 Parcel Address: 4328 ABERDEEN RD, MOUND, MN SS364 ! Property Type: RESIDENTIAL Sale Price: $0.00 ! Homestead: HOMESTEAD Sale Date: 06/2003 Area (sgft): 22004 Sale Code: Area (acres): 0.S1 A -T -B: TORRENS i I Market Total: $293,000.00 Tax Total: $2,950.84 httD:// pis. co. henne-ain. fnn. us /HCPrODertvMaD/1:2215'.s-Dx ?PID= 1911723340068 11/24/2008 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com To: Residents abutting unimproved Knox Lane Date: October 1, 2009 Subject: Public Lands Permit Application Invisible Fence Please be advised a Public Lands Permit Application has be submitted requesting permission for an invisible fence on unimproved Knox Lane. You are being notified because your property. abuts unimproved Knox Lane. This request will be discussed at the Parks and Open Space Commission meeting on Thursday, October 8, 2009 at 7:00p.m in the Council Chambers at Mound City Hall. If you would like to comment on this, your comments may be directed to me prior to noon on October 8, 2009, -or you may comment in person at the Parks, Open Space and Docks Commission meeting on October 8, 2009. Attached is a copy of the Public Lands Permit Application and staff report. #Jimackler Park Superintendent 952472 -0611 j imfa.ckler(a,,cityofinound. com enc. printed on recycled paper 2216 -- *I ;ARY GROUT DONALD SCBERVEN, JR DANA BRUZEK {80 ABERDEEN RD 4529 TUXEDO BLVD 4523 TUXEDO BLVD *)ND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 'ARTICK CLAYTON 6 Y7 TUXEDO BLVD AOUND, MN 55364 I* I• -2217- CITY OF MOUND COUNTY OF HENNEPIN • STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Mound, Minnesota, will hold a public hearing on Tuesday, October 27, 2009, at 7:30 p.m. in the council chambers of city hall to consider _adoption of Chapter 129 Zoning, of the City_ Code.. City of Mound has just completed the recodification of its ordinance and Chapter 129, Zoning, replaces Chapter 350 of the old code. The recodification process reorganizes, renumbers and renames certain chapters of the code. Any public comment regarding the adoption of Chapter 129 will be heard at this hearing. Bonnie Ritter City Clerk Published in The Laker on the 18th day of October, 2009. LJ -2218- CITY OF MOUND • ORDINANCE NO. 07 -2009 AN ORDINANCE REPEALING CHAPTERS 1 THROUGH 12 OF THE MOUND CITY CODE AND ADOPTING NEW CHAPTERS 1 THROUGH 129 OF THE MOUND CITY CODE (RECODIFICATION) Section 1. Minnesota Statutes, sections 415.02, 415.021 and 599.13 (collectively, the "Act ") authorize the city to codify its ordinances and print them in book, loose -leaf or other form. The Council has directed the city staff and city attorney to codify the City's existing ordinances. The Act also provides that any ordinance included in a new city code but not previously published is sufficiently published if a substantial quantity of the code is printed for distribution to the genera public. Section 2. The City Council had reviewed the recodification of the city's ordinances in a recodification entitled Mound, Minnesota City Code ( Recodification). The Recodification is on file with the City Clerk. Section 3. The City Clerk is authorized and directed to prepare sufficient copies of the Recodification for use by the City Council and the city staff and for general distribution to the public in accordance with city policies regarding the distribution and availability of city documents. Section 4. This ordinance and the Recodification are effective on November 8, 2009. is Nothing in the Recodification is to be construed to modify, abrogate or abridge; (i) the rights, duties, liabilities, privileges or immunities of the city, (ii) the qualifications or terms of office of city officers as they existed on November 8, 2009, or (iii) any special ordinance or franchise not embodied in the previous city code. Passed by the City Council this 27th day of October, 2009. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk Published in The Laker the 7th day of November, 2009. Effective the 8th day of November, 2009. 0 -2219- CITY OF MOUND RESOLUTION NO. 09 -_ • RESOLUTION AUTHORIZNG PUBLICATION OF ORDINANCE NO. 07 -2009 BY TITLE AND SUMMARY WHEREAS, The City Council of the City of Mound, Minnesota has adopted Ordinance No. 07- 2009, an ordmance_repeahng_Chapters 1 _through 12_of_the Mound ._City Code and adopted.____________. Chapters 1 through 129 of the Mound City Code (Recodification); and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, Ordinance No. 07 -2009 contains the entire recodified city code and is approximately 600 pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of Ordinance No. 07 -2009. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the City Clerk shall cause the following summary of Ordinance No. 07 -2009 to be published in the official newspaper in lieu of the entire ordinance. Public Notice The City Council of the City of Mound has adopted Ordinance No. 07 -2009. The ordinance • repeals chapters 1 through 12 of the city code and adopts new chapters 1 through 129 of the city code (recodification). The ordinance reorganizes chapters 1 through 12 of the prior city code, renumbering and renaming certain chapters. These recodified chapters provide for various city services, including but not limited to: administration; animals; cemetery; elections; emergency management and services; fire prevention and protection; licenses and permits and miscellaneous business regulations; nuisances; offenses and miscellaneous provisions; parks and recreation; solid waste; special assessments; streets, sidewalks and other public places; telecommunications; traffic and vehicles; utilities; waterways; land development; building regulations; environmental and natural resource protection; floodplain management; signs; subdivision regulations; trailers and trailer parks; zoning; street naming; franchises; and annexation. The full text of Ordinance No. 07 -2009 is available for inspection at Mound City Hall during regular business hours. Bonnie Ritter, City Clerk BE IT FURTHER RESOLVED by the City Council of the City of Mound that the City Clerk keep a copy of the recodified ordinance in her office at city hall for public inspection. Adopted by the City Council this 27th day of October, 2009. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -2220- • • AMENDED AND RESTATED TAX INCREMENT PLEDGE AGREEMENT by and between CITY OF MOUND, MINNESOTA and HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND, MINNESOTA THIS AMENDED AND RESTATED TAX INCREMENT PLEDGE AGREEMENT (this "Agreement ") is made and entered into on or as of the _ day of ' 2009, by and between the City of Mound, Minnesota (the "City "), and the Housing and Redevelopment Authority in and for the City of Mound, Minnesota (the "HRA "). RECITALS WHEREAS, the City and the HRA duly established the Mound Harbor Tax Increment Financing District (the "TIF District ") within the Mound Harbor Project Area (the "Project ") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended (the "HRA Act"), and Minnesota Statutes, Sections 469.174 to 469.1799 (the "TIF Act "); • WHEREAS, the HRA caused to be prepared a Tax Increment Financing Plan for the TIF District (the "TIF Plan") and the Board of Commissioners of the HRA approved the TIF Plan on March 22, 2005; WHEREAS, the City Council of the City approved the TIF Plan on March 22, 2005; WHEREAS, pursuant to the authority conferred by Minnesota Statutes, Section 469.178 and Minnesota Statutes, Chapter 475, the City previously agreed to finance projects undertaken by the HRA in the TIF District through the issuance of its Taxable General Obligation Temporary Tax Increment Bonds, Series 2005D, dated August 1, 2005, issued in the original aggregate principal amount of $3,875,000 (the "Series 2005D Bonds "); WHEREAS, pursuant to a resolution approved by the City Council of the City on December 11, 2007, and the authority conferred by Minnesota Statutes, Section 469.178, and Minnesota Statutes, Chapter 475, the City issued and sold its Taxable General Obligation Temporary Tax Increment Refunding Bonds, Series 2008A (the "Series 2008A Bonds "), dated January 3, 2008, in an original aggregate principal amount of $4,010,000, in order to pay the outstanding principal of and interest due on the Series 2005D Bonds at maturity; WHEREAS, the Series 2008A Bonds mature on August 1, 2010, and the City intends to issue general obligation bonds to redeem and prepay the outstanding principal of and interest due on the Series 2008A Bonds; WHEREAS, pursuant to the authority conferred by Minnesota Statutes, Section 469.178, and Minnesota Statutes, Chapter 475, the. City has agreed to issue its General Obligation Tax Increment Refunding Bonds, Series 2009D, to be dated November 19, 2009, in an original aggregate principal amount • not to exceed $4,100,000 (the "Series 2009D Bonds "); -2221- WHEREAS, pursuant to a resolution adopted by the City Council on October 27, 2009 (the • "Bond Resolution "), the principal and interest due on the Series 2009D Bonds will be paid from tax increment revenues resulting from increases in taxable valuation of real property in the TIF District and from an ad valorem tax levy; WHEREAS, the HRA has agreed to pledge certain tax increment revenues attributable to the TIF District to the City for the payment of the principal and interest on the Series 2009D Bonds, or any bonds issued- to-.re issued -and sold by the City; and WHEREAS, pursuant to Minnesota Statutes, Section 469.178, Subdivision 2, any agreement to pledge tax increment revenues must be made by written agreement by and between the HRA and the City and must be filed with the Taxpayer Services Division Manager of Hennepin County. NOW, THEREFORE, the City and the HRA mutually agree to the following: (1) The City will issue and sell the Series 2009D Bonds in accordance with the Bond Resolution. (2) The proceeds from the sale of the Series 2009D Bonds will be applied in accordance with the Bond Resolution. (3) The HRA pledges tax increment revenues generated by the TIF District from certain property described in the TIF Plan (the "Available Tax Increment ") to the payment of principal and interest on the Series 2009D Bonds (and any bonds .issued to refund such bonds), subject to the terms of this Agreement. At least three (3) business days prior to • each debt service payment date for the Series 2009D Bonds, there shall be transferred from the account of the TIF District to the Debt Service Fund maintained by the City for the payment of the Series 2009D Bonds, an amount of Available Tax Increment, which when taken together with taxes levied for such purposes in accordance with the Bond Resolution and amounts already on deposit in such Debt Service Fund, is equal to the principal of and interest on the Series 2009D Bonds to become due on the subject payment date. Any Available Tax Increment in excess of 105% of the principal and interest due with respect to the Series 2009D Bonds on any payment date may be retained by the HRA in the account for the TIF District and applied to any costs of the Project in accordance with law. (4) Without regard to anything in this Agreement to the contrary, Available Tax Increment may be pledged (at the HRA's option on a parity, superior or subordinate basis) to pay principal of and interest on the Series 2009D Bonds and any other obligations issued by the City, HRA or any other public body to finance public redevelopment costs paid or incurred by the HRA in the Project. The HRA reserves the right to release all or any portion of Available Tax Increment from the pledge under this Agreement (including without limitation the release of Available Tax Increment from any specific parcel within any District) to the extent permitted by law, provided that in no event may the HRA reduce the pledge such that Available Tax Increment is reasonably expected to pay less than twenty percent (20 %) of principal and interest on the Series 2009D Bonds (or any bonds issued to refund such bonds). (5) An executed copy of this Agreement shall be filed with the Taxpayer Services Division Manager of Hennepin County pursuant to Minnesota Statutes, Section 469.178, • Subdivision 2. 2 -2222- • IN WITNESS WHEREOF, the City and the HRA have caused this Agreement to be duly executed on their behalf and the seal of the City to be hereunto affixed and such signatures and the seal of the City to be attested, as of the day and year first above written. City Manager (SEAL) By Mayor ATTEST: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND, MINNESOTA • Executive Director By_ Chair S -1 -2223- STATE OF MINNESOTA CERTIFICATE OF TAXPAYER SERVICES COUNTY OF HENNEPIN DIVISION MANAGER I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that an Amended and Restated Tax Increment Pledge Agreement by and between the City of Mound, Minnesota (the "City "), and the Housing and Redevelopment Authority in and for the City of Mound, Minnesota, dated as of , 2009, relating to the City's General Obligation Tax Increment Refunding Bonds, Series 2009D, issued in the original aggregate principal amount not to exceed $ , has been filed in my office. WITNESS my hand and official seal this _ day of , 2009. Taxpayer Services Division Manager (SEAL) Hennepin County, Minnesota MU200 -148 (JAE) 358791v1 By Deputy S -1 -2224- *I • • C, MEMORANDUM Date: October 22, 2009 To: Mayor and Council Members HRA Chairperson and Commissioners From: Catherine Pausche Finance Director /Treasurer Subject: Resolutions Authorizing an Internal Loan between City and HRA BACKGROUND As we embark on debt levies to pay for the Dump Bonds debt service until such time the TIF revenues are sufficient, I have requested that we structure this in a way that we can recapture the funds that are levied if TIF Revenues ever exceed the remaining expenditures. • This is accomplished by setting up an internal loan between the City and the HRA, which requires Council /HRA Board action under Section 469.178, Subdivision 7 of the TIF Act. • The interfund loans typically bear interest on the principle amount advanced at a rate set by the Authority's Chair or Executive Director, subject to the maximum rate specified under Minnesota Statutes, Section 549.09 or Section 270.75. The rate may be fixed as of the date of initiating the loan or be adjusted annually using the maximum rate. The current maximum is 5% and it has reached as high as 8% in some years. RECOMMENDATION Staff recommends that the Council/HRA Board approve the resolution authorizing an internal loan in connection with the tax increment bonds 2009D at a fixed rate of 5% per annum. Please let me know if you have any questions regarding this matter at (952)472 -0633. -2225- RESOLUTION NO. CITY OF MOUND, MINNESOTA AUTHORIZING INTERNAL LOAN IN CONNECTION WITH TAX INCREMENT BONDS SECURED BY TAX INCREMENT DERIVED FROM THE MOUND HARBOR TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA (THE "CITY'), AS FOLLOWS: Section 1. Back around. 1.01. Pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (the "TIF Act") the City and the Housing and Redevelopment Authority in and for the City of Mound, Minnesota (the "Authority"), previously established a tax increment financing district known as the Mound Harbor Tax Increment Financing District (the "TIF District ") within the Mound Harbor Project Area (the "Project "). 1.02. The City has proposed to issue its General Obligation Tax Increment Refunding Bonds, Series 2009D (the "TIF Bonds "), in the aggregate principal amount proposed not to exceed $4,100,000, secured in part with tax increments generated from the TIF District. Pursuant to an Amended and Restated Pledge Agreement to be executed by the City and the Authority in conjunction with the issuance of the TIF Bonds, the Authority has pledged tax increment derived from the TIF District, to the extent available, to pay all of the principal and interest on the TIF Bonds. 1.03. The Authority may need to pay principal or interest on the TIF Bonds on a temporary basis • from available funds in the account for other tax increment financing districts administered by the Authority, or from other City or Authority funds available for such purposes. 1.04. Under Section 469.178, Subdivision 7 of the TIF Act, the Authority is authorized to advance or loan money from any fund from which such advances may be legally made (each such advance being referred to an " Interfund Loan"), in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. 1.05. Pursuant to a resolution adopted by the Authority on the date hereof (the "Authority Interfund Loan Resolution "), the Authority has authorized one or more Interfund Loans repayable from tax increments derived from the TIF District, when and if the Interfund Loans are needed to make required debt service payments on the TIF Bonds. Section 2. Interfund Loans Authorized. 2.01. The City approves the Interfund Loans described in the Authority Interfund Loan Resolution, and authorizes use of any unencumbered City or Authority funds available for such purposes under law as the source of the funds for the loan. 2.02. The City Manager is authorized and directed to determine the City fund(s) or account(s) from which monies are drawn for the Interfund Loans, and to credit repayments under the Loan Resolution to the relevant fund(s) or account(s). 2.03. City staff and officials are authorized and directed to execute any collateral documents and take any other actions necessary to carry out the intent of this resolution. • -2226- • Approved by the City Council of the City of Mound, Minnesota, this 27th day of October, 2009. ATTEST: City Clerk MU200 -148 (JAE) 3592141 is r� Mayor -2227- follows: :7 RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2009D, IN THE AGGREGATE PRINCIPAL AMOUNT OF $4;100;000; - -FIX 44G- _THEE- FORM—A-ND— SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Mound, Minnesota (the "City "), as Section 1. Sale of Bonds. 1.01. Authorization. It is hereby determined that: (a) The City and the Housing and Redevelopment Authority in and for the City of Mound have duly established the Mound Harbor Tax Increment Financing District (the "TIF District ") within the Mound Harbor Project Area (the "Mound Harbor Project Area ") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended, and Sections 469.174 through 469.1799, as amended (collectively, the "TIF Act"). (b) The City previously issued its Taxable General Obligation Temporary Tax • Increment Refunding Bonds, Series 2008A, in the original aggregate principal amount of $4,010,000 (the "Prior Bonds "), to pay the principal of and interest on the City's Taxable General obligation Tax Increment Bonds, Series 2005D, issued in the original aggregate principal amount of $3,875,000, to provide temporary financing for the clean up and remediation of a former landfill site within the TIF District (the "Project ") to allow for the development of a mixed use housing and retail project in the TIF District. (c) The City is authorized by section 469.178 of the TIF Act to issue and sell its general obligations to pay all or a portion of the public redevelopment costs (the "Costs ") related to the TIF District as identified in the tax increment financing plan for the TIF District. The City is also authorized by Minnesota Statutes, Chapter 475, as amended (the "Municipal Debt Act "), and specifically Section 475.67, Subdivision 3, of the Municipal Debt Act to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment. (d) It is necessary and desirable to reduce debt service costs that the City issue its General Obligation Tax Increment Refunding Bonds, Series 2009D (the "Bonds "), in the aggregate principal amount of $4,100,000 to refund the Prior Bonds of the City. (e) The proceeds of the Bonds will be used to refinance the Project through the redemption and prepayment of the City's Prior Bonds, issued in the original aggregate principal amount of $4,010,000 and dated January 3, 2008, of which $4,010,000 in principal amount is currently outstanding and callable on any date after August 1, 2009. The proceeds of the Bonds • are expected to be expended as follows: 2 -2228- • Project Designation & Description Deposit to Refunding Fund Underwriter's Compensation Costs of Issuance Rounding Amount Total Total Project Cost $4,007,848.37 51,250.00 38,000.00 2,901.63 an 11 111 11 1.02. Award to the Purchaser and Interest Rates. The proposal of (the "Purchaser ") to purchase the Bonds is determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $ (par amount of $4,100,000, less underwriter's discount of $ ), plus accrued interest to date of delivery, if any, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2011 % 2022 % 2012 2023 2013 2024 2014 2025 2015 2026 2016 2027 2017 2028 2018 • 2029 2019 2030 2020 2031 2021 True interest cost: % U 1.03. Purchase Contract. The sum of $ , being the amount proposed by the Purchaser in excess of $4,048,750, shall be credited to the Debt Service Fund hereinafter created, as determined by the City Manager in consultation with the City's financial advisor. The City Manager is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the TIF Act and the Municipal Debt Act (collectively, the "Act ") in the total principal amount of $4,100,000, originally dated November 19, 2009, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R -1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: -2229- Year Amount Year Amount • 2011 $ 2022 $ 2012 2023 2013 2024 2014 2025 2015 2026 2016 ,. _ _ _ _ 2027 2017 2028 2018 2029 2019 2030 2020 2031 2021 1.05. Optional Redemption. The City may elect on February 1, 2019, and on any day thereafter to prepay Bonds due on or after February 1, 2020. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 8 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [1.06. Term Bonds, Mandatory Redemption. To be added if Term Bonds are requested by the Purchaser.] • Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates, Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2010, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint, and will maintain, a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. 4 -2230- (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however,, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in • whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice • thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond -2231- to be redeemed at the address shown on the registration books kept by the Registrar and by • publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar: The City appoints Bond Trust Services Corporation; Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Manager must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. • Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of Bonds. The Bonds will be printed or typewritten in substantially the following form: is -2232- • No. R -_ UNITED STATES OF AMERICA $ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND SERIES 2009D Date of Rate Maturijy Original Issue CUSIP February 1, 20_ November 19, 2009 Registered Owner: Cede & Co. The City of Mound, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 2010, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender • hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2019, and on any day thereafter to prepay Bonds due on or after February 1, 2020. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company ( "DTC ") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code ") relating to disallowance of interest expense for financial institutions and within the $30 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $4,100,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on October 27, 2009 (the "Resolution "), for the purpose of providing money to refund the outstanding principal amount of the City's Taxable General Obligation Temporary Tax Increment Refunding Bonds, Series 2008A, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 • through 469.1799, as amended, and Minnesota Statutes, Chapter 475, as amended. The principal hereof and interest hereon are payable from tax increment revenues resulting from increases in taxable valuation 7 -2233- of real property in the Mound Harbor Tax Increment Financing District and ad valorem taxes, as set forth • in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid • and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Mound, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: November 19, 2009 CITY OF MOUND, MINNESOTA (Facsimile) (Facsimile) Mayor City Manager • -2234- 0 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By Authorized Representative ABBREVIATIONS The following abbreviations, when used in the inscription on the face .of this Note, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common • TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Cust) (Minor) under Uniform Gifts or Transfers to Minors Act, State of Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: • oil -2235- NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities • Transfer Agent Medallion Program ( "STAMP "), the Stock Exchange Medallion Program ( "SEMP "), the New York Stock Exchange, Inc. Medallion Signatures Program ( "MSP ") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION • The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Cede & Co. Federal ID #13- 2555119 [End of Form of Bond] Signature of Officer of Re istrar 3.02. Approving Legal Opinion. The City Manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. (a) The Bonds are payable from the General Obligation Tax Increment Refunding Bonds, Series 2009D Debt Service Fund (the "Debt Service Fund ") hereby created, and the tax increment revenues resulting from increases in taxable valuation of real property in the Mound Harbor Tax Increment Financing District (the "Tax Increment Revenues ") and the proceeds of ad valorem taxes hereinafter levied (the "Taxes ") are hereby pledged to the Debt Service Fund. 10 -2236- • • (b) The debt service fund heretofore established for the Prior Bonds as defined in the resolution providing for the issuance and sale of the Prior Bonds shall be terminated on the date following the redemption of the Prior Bonds, and all monies therein shall be transferred to the Debt Service Fund herein created. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the Tax Increment Revenues and proceeds of the Taxes levied by this Resolution. (c) There is hereby appropriated to the Debt Service Fund the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. Refunding Fund. The proceeds of the Bonds, less the appropriations made in Section 4.0 1, will be deposited in a separate fund (the "Refunding Fund ") to be used solely to redeem and prepay the Prior Bonds. All monies in the Refunding Fund may be invested until the date of redemption of the Prior Bonds. Any balance remaining in the Refunding Fund after the redemption of the Prior Bonds shall be deposited in the Debt Service Fund. 4.03. Pledge Agreement. An Amended and Restated Tax Increment Pledge Agreement between the Housing and Redevelopment Authority in and for the City of Mound, Minnesota (the "Authority "), and the City (the "Pledge Agreement ") is hereby approved and shall be executed in substantially the form on file with the City, with such additions, deletions, and other changes as are approved by the City Manager. The Pledge Agreement is to be executed and delivered in order to satisfy the requirements of Minnesota Statutes, Section 469.178, subdivision 2, and Sections 475.58, Subdivision 1, and 475.61, subdivision 1, of the Act. The Pledge Agreement creates rights in the City and the Authority but is not intended to create duties or obligations of the City or the Authority to any other • persons (including the beneficial or registered owners of the Bonds) with respect to the Tax Increment Revenues or other revenues described or referenced in the Pledge Agreement, except to the extent required by applicable law, and is not intended to create rights in or claims by any other persons (including the beneficial or registered owners of the Bonds) with respect to the Tax Increment Revenues or other revenues described or referenced in the Pledge Agreement, except to the extent required by applicable law. 4.03. Pledge of Taxes. For the purpose of paying the principal of and interest on the Bonds, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such tax will be credited to the Debt Service Fund above provided and will be in the years and amounts attached hereto as Exhibit B. 4.04. Certification of Taxpayer Services Division Manager as to Registration. The City Manager is directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County and to obtain the certificate required by Section 475.63 of the Act. 4.05. Certification to Taxpayer Services Division Manager as to Debt Service Fund Amount. It is hereby determined that the estimated collection of the foregoing Tax Increment Revenues and Taxes will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds. The tax levy herein provided will be irrepealable until all of the Bonds are paid, provided that the City Manager may annually, at the time the City makes its tax levies, certify to the Taxpayer Services Division Manager the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the Taxpayer Services Division Manager will thereupon isreduce the levy collectible during such year by the amount so certified. 11 -2237- Section 5. Refundin , Findings, Redemption of Prior Bonds. • 5.01. Purpose of Refunding. The Prior Bonds are the City's Taxable General Obligation Temporary Tax Increment Refunding Bonds, Series 2008A, issued in the original aggregate principal amount of $4,010,000, dated January 3, 2008, of which $4,010,000 in principal amount will be called on December 20, 2009. It is hereby found and determined that, based upon information presently available from the City's financial advisor, the issuance of the Bonds to redeem and prepay the Prior Bonds is consistent with covenants made with the holders of the Prior Bonds and is necessary and desirable for the reduction of debt service cost to the City. 5.02. Application of Proceeds of Bonds. It is hereby found and determined that the proceeds of the Bonds will be sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the Prior Bonds. 5.03, Redemption; Date of Redemption; Notice of Call for Redemption. The Prior Bonds maturing on August 1, 2010, will be redeemed and prepaid on December 20, 2009. The Prior Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as Exhibit C, which terms and conditions are hereby approved and incorporated herein by reference. The Registrar for the Prior Bonds is authorized and directed to send a copy of the Notice of Redemption to each registered holder of the Prior Bonds. Section 6. Authentication of Transcript. 6.01. CitX Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of • proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 6.02. Certification as to Official Statement. The Mayor and City Manager are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 6.03. Other Certificates. The Mayor and City Manager are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor and the City Manager shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Mayor and City Manager shall also execute and deliver a certificate as to payment for and delivery of the Bonds. • 12 -2238- • Section 7. Tax Covenants. 7.01. Tax - Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code "), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 7.02. No Rebate Required. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bonds. 7.03. Not Private Activi Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. Qualified Tax - Exempt Obligations. In order to qualify the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; • (b) the City designates the Bonds as "qualified tax- exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2009 will not exceed $30,000,000; and (d) not more than $30,000,000 of obligations issued by the City during calendar year 2009 have been designated for purposes of Section 265(b)(3) of the Code. 7.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 8. Book -Entry System; Limited Obligation of City. 8.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ( "DTC "). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 8.02. Participants. With respect to Bonds registered in the registration books kept by the is Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from 13 -2239- time to time for which DTC holds Bonds as securities depository (the "Participants ") or to any other • person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co." will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter ") which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action • necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 8.04. Transfers Outside Book- EntrySystem. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements as set forth in the Representation Letter. Section 9. Continuing Disclosure. 9.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby • covenants and agrees that it will comply with and carry out all of the provisions of the Continuing 14 -2240- • Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. • 11 9.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 10. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 15 -2241- The motion for the adoption of the foregoing resolution was duly seconded by Member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. r] • 16 -2242- 16 10 • STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF MOUND ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Mound, Minnesota (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on October 27, 2009, with the original minutes on file in my office, and the extract is a full, true, and correct copy of the minutes insofar as they relate to the issuance and sale of the City's General Obligation Tax Increment Refunding Bonds, Series 2009D, in the aggregate principal amount of $4,100,000. WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of , 2009. (SEAL) -2243- City Clerk City of Mound, Minnesota STATE OF MINNESOTA CERTIFICATE OF TAXPAYER SERVICES DIVISION MANAGER AS TO COUNTY OF HENNEPIN TAX LEVY AND REGISTRATION I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Mound, Minnesota (the "City "), on October 27, 2009, levying taxes for the payment of the City's General Obligation Tax Increment Refunding Bonds, Series 2009D, issued in the aggregate principal amount of $4,100,000, dated November 19, 2009, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this day of , 2009. (SEAL) -2244- 91 Taxpayer Services Division Manager • Hennepin County, Minnesota Deputy • • EXHIBIT A PROPOSALS • C7 A -1 -2245- EXHIBIT B TAX LEVY SCHEDULE YEAR * TAX LEVY 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 * Year tax levy collected. Im -2246- • LJ • EXHIBIT C NOTICE OF CALL FOR REDEMPTION $4,010,000 CITY OF MOUND, MINNESOTA TAXABLE GENERAL OBLIGATION TEMPORARY TAX INCREMENT REFUNDING BONDS SERIES 2008A NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Mound, Hennepin County, Minnesota, there have been called for redemption and prepayment on December 20, 2009 all outstanding bonds of the City designated as Taxable General Obligation Temporary Tax Increment Bonds, Series 2008A, dated January 3, 2008, having stated maturity dates of August 1, 2010, totaling $4,010,000 in principal amount, and with the following CUSIP number: Year of Maturity Amount CUS1P 2010 $4,010,000 620535 YR9 The bonds are being called at a price of par plus accrued interest to December 20, 2009, on which date all • interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of Bond Trust Services Corporation, 3060 Centre Pointe Drive, Roseville, Minnesota 55113, on or before December 20, 2009. Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W -9 Form, which may be obtained at a bank or other financial institution. Dated: 52009. MU200 -148 (JAE) 358155v1 • BY ORDER OF THE CITY COUNCIL By /s/ Kandis Hanson City Manager City of Mound, Minnesota C -1 -2247- Extract of Minutes of Meeting of the City Council of the City of Mound, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Minnesota, was duly held in the City Hall in said City on Tuesday, October 27, 2009, commencing at 7:30 P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which *I had been received for the purchase of the City's General Obligation Tax Increment Refunding Bonds, • Series 2009D, to be issued in the aggregate principal amount of $4,100,000. The City Manager presented a tabulation of the proposals that had been received in the manner specified in the Official Terms of Proposal for the Bonds. The proposals are as set forth in Exhibit A attached. After due consideration of the proposals, Member then introduced the following resolution and moved its adoption: -2248- is C7 Dear City Officials, September 2009 The Gillespie Center is in the heart of the Westonka community; and provides opportunities for every resident -young and old- to participate in a wide variety of classes, programs and services. It is a beautiful building in a magnificent setting; and has space for large fund raising events including wedding receptions, reunions, meetings and more. The facility was built in 2001 with some Federal block grant funding, but primarily with individual and local donations that were matched 5 to 1 by the Gillespie family. It is totally owned by its membership. The goal of the Gillespie Center is to build an endowment through fundraising that would result in financial independence. Currently most of those funds are necessary to pay operating expenses. For four years, a committee of Gillespie Center board members have been informing city • councils of Mound, Minnetrista, Spring Park and Orono about the opportunities for their city's residents to participate; thereby satisfying the need for a facility in their individual cities. With financial help for operating expenses from these four cities that clearly have the highest membership; the Gillespie Center would use fund - raiser profits to build the endowment. Once the endowment level is reached, no city money would be necessary; and the cities would have provided an investment that will serve the needs of their residents for generations to come. The Gillespie Center board looks forward to our continued relationship with the Westonka cities. Thank you for your consideration. Sincerely, L Harold Pellett Co- President, Gillespie Center Board • 2590 Commerce Blvd Mound, MN 55364 (952) 472 -6501 -2249- Gillespie Members by City of Residency 0 City t- y 4 F M Rod Lill TOTAL 570 U Other includes cities of Medina, Plymouth, Waconia, Chanhassen, Golden Valley, Minnetonka Beach, Olivia, Victoria, Glencoe, Maple Grove, Maple Plain, Mayer, Monticello, Montrose, Riverview, St. Michael, St. Paul, Sun City • -2250- • • r r � &v I14� "1 yY � s co io W ~ r g NN s w i V �y U O O O N' W L O 4— c v C .N N cm C N U co cn U N O cn O 4- i N C N cn O _w Ri N L N L (D ii O 0) co M C U N c O _N Co .j co tQ U L U c6 N L 0 L N .fl O E m co c 0-0 Q CU m D-O H 0--a -2251- d CL C w CL O CL 0 A a a w 0 U 0 U x .n b b 0 a 0 VOLUNTEERS AT THE GILLESPIE CENTER Many of the operational duties of the Gillespie Center are done by volunteers who so kindly donate their time. Without the countless number of volunteers the center would have major financial challenges. Recent calculations of the monetary value of the annual volunteer hours demonstrate the huge financial dependence that the Gillespie Center has on its volunteer labor force. As a United Way recipient, the Gillespie Center reported in 2008 that we had a total of 290 Volunteers working 20,500 hours. The United Way estimates that in 2008 the value of a volunteer hour is $20.25. The chart below shows the value of those volunteer hours to the Gillespie Center. Hours Rate • Volunteer hourly rate $20.25 as estimated by the 20,500 $415,125 United Way for 2008 The duties of the Gillespie Volunteers are vast. They include: Receptionist Bakery Accountant Bookkeeping Membership Newsletter Activity Instructors Kitchen Support Lunch Hosts Lunch Servers Facilities Maintenance Grounds Keeping Building Room Rental Set -up Advisory Council General Construction /Remodeling -2252- Tax Assistance Blood Pressure Check Health Insurance Counselor Miscellaneous Event Organizers /Help And more ... 40 • 10 I* • THE GILLESPIE CENTER Balance Sheet As of December 31, 2008 ASSETS Current Assets Checking/Savings Checking CD's 2/16/10 Prime Security I $ 20,538.04 6/30110 Prime Security H 20,000.00 1/14/10 Prime Security III 20,000.00 8/15/09 Prime Security HH 20,000.00 6/30110 Security of Waconia I 21,510.30 3/08/10 Security of Waconia H 20,563.68 7/6/11 Crow River 22,056.92 12/14/09 Wells Fargo 30.000.00 Total CD's Total Checking/Savings Total Current Assets Fixed Assets Accumulated Depreciation Building Equipment and Fixtures Land Parking Lot Total Fixed Assets Other Assets Mpls. Fund Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities - None Equity 3000 - Fund Balance TOTAL LIABILITIES & FUND BALANCE -2253- Dec. 31, 2008 $ 24,659.06 174,668.94 199,328.00 199,328.00 (596,686.00) 2,906,410.09 122,539.77 445,000.00 158.788.91 3,036.052.77 16,000.00 16,000.00 3,251,380.77 3,251,380.77 53,251,380.77 10:35 AM 01/03/09 Cash Basis THE GILLESPIE CENTER Profit & Loss January through December 2008 Ordinary IncomelExpense Income Donations I Donation Mem & Honors Monday Cruise Total Donations I Fundraising I &E 1 - Bakery 3 • Raffel Deposits Prizes Total 3 - Raffel 2 - Hidden treasures 5 - Boutique Soup supper Sales Advertising Entry fee Supplies Vendor payments Total 5 • Boutique 6 - Golf Contest fees Food & misc Hole Sponsers Registration fees Total 6 • Golf 7 • Lunch Deposits Food costs Total 7 • Lunch 9 • Misc. Income Pecans Cards Cookbook Income Plant Sale Total 9 - Misc. Income 10 . Misc. Expense Supplies Total 10 • Misc. Expense 11 • Special Events -2254- Jan - Dec 08 11,085.00 7,617.00 7,520.00 26,222.00 21,934.76 13,888.00 - 5,300.00 8,588.00 6,231.79 544.45 27,552.68 -33.60 1,606.50 - 226.88 - 20,996.99 8,446.16 - 944.00 - 808.93 1,000.00 6,123.75 5,370.82 9,757.35 - 3,314.02 6,443.33 456.98 227.44 170.00 25.51 903.50 1,783,43 -97.66 01 401 -97.66 • Page 1 10 r 10:35 AM THE GILLESPIE CENTER 01/03/09 Profit & Loss Cash Basis January through December 2008 -2255- Page 2 Jan - Dee 08 Misc. Events - 268.85 Andrew Sisters 3,540.99 Festival' of the trees 12,431.69 Food Cost - 449.14 Minnesota Dinner 731.97 Octoberfest 1,189.43 Pork Chop Dinner 1,280.04 Santa Party 1,609.81 Spirit of the lakes 842.84 Style show 1,163.64 Tailgate Party 758.98 Total 11- Special Events 22,831.40 12 . Kitchen Support 4,396.36 Total Fundraising I &E 77,135.67 Interest I 4,429.69 Membership Dues Business 250.00 Regular 11,663.00 Sustaining Plus 5,005.00 Total Membership Dues 16,918.00 Municipal Support Income 500.00 Total Municipal Support 500.00 Program I &E Education - 118.00 Event Cost - 2,355.86 Program Cost - 2,970.69 - Registration 6,468.50 Social - 754.00 Transportation Cost - 215.00 Total Program I &E 54.95 Rental I &E Advertising - 432:30 Coordinator - 21,38Q 7S Food Cost Food Service 1,501.00 Monitor - 865.00 Seminar 105.00 Set -up 438.17 Social (One time Rental) Wedding 7,500.50 Social (One time Rental) - Other 26,976.50 Total Social (One time Rental) 34,477.00 Space (contract rental) 13,702.50 -2255- Page 2 40:35 AM 01/03/09 Cash Basis THE GILLESPIE CENTER Profit & Loss January through December 2008 Total Rental I &E Total Income Expense Bank Charges E Donations Insurance E Maintanance Contract Service Contractor (one Time) Garden Supplies Total Maintanance Office Postmaster Bulk mail acct. postage Total Postmaster Computer Copy Lease & Maintenance Credit Card Fees Supplies Total Office Real Estate Tax E Staff Support Additional Staff Support E Utilities Electric Gas Sewer & Water Telephone Trash Total Utilities Total Expense Net Ordinary Income Net Income Depreciation Loss -2256- Jan - Dec 08 23,712.08 148,972.39 -9.95 335.66 8,328.94 9,542.28 4,680.35 215.98 2,435.65 16,874.26 283.03 202.83 485.86 767.83 4,473.94 6844.62 7,040.44 13,452.69 2,149.82 2,941.19 22,337.00 13,810.70 12,372.54 1,821.85 6,191.62 2,368.71 36,565.42 102,975.03 45,997.36 45,997.36 -80,484.00 - 34,486.64 Page 3 91 *I 61 �$aa WZ A � W N � 0 91 -2257- r W ti It MMM CO <O 09 ►n 00 I� o ~ 'f 0� 00 00 1 N N U) Ln r O 0) O) t- O to ' r- 6) O t) 4 �D ONO N V) W LM 'T r N p . 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O N tp ' O O ��pp N M O CA O * �) M N.-f ti at CN N ,gA y , O) O N U') N °t�+1 U') o O N NNY (00 S r ) WeR k 3O g S A CO O M m O C 4 aF C5'- EINO ": _ O f, � 3 * f * N a * iF LL qI gm M O of M O O O O `�`O O M CT .-r to •-+ 00 O: 4 C7; O v'w V1 l� eh O l� N O C75 e0 11 Os NEW, O w?E tCis C7( 0 -, O O' N Q CC s r "�d,"4 00 N •-r eM �' 7 CA N N Y s � �i „ et < 3� R� O 00 �-+ h N t Z.- i- S d0f �' • `,� 49 4: t lu Roq' cc � Fd6�y'Ay/ ' U O YW'L�k.1_ ' 0.8 dl W � U ��N�� �fi sYY Uri ��( �Vi�' I� .,•}�` TU'4. � .�� t.y6 �i W P.a V i�h �. 1•+ ++ 'tl Q+ it T Ii'1 �]y C.) t : y 0 ty ai, 4 �,5' 0 ti U (j a� �3 3 o a } : F"' x ,* o Cd U UU P-4 vn O' -2259- • The Gillespie Center General Community Services o Bus Transportation o Noon Lunches • Income Tax Preparation • Library with Computers • Battery Recycling o Health Insurance Counseling -2260- *I 0 16 0 0 • General Community Services o Coffee House • Defensive Driving • HUD -HRA assistance o Banking Assistance o Bargain Bakery o Hidden Treasures Shop o �� Health & Wellness • Avada Hearing Care • Flu Shot Clinic • Lifeline Screening • Foot Care o Vision Loss Support o Blood Pressure Checks -2261- • Health & Wellness o Senior Outreach Services • Parkinson's Disease Support • Over 50 and Fit Exercise Class • Line Dancing Class • Snapdragons Exercise Class • i Recreation, Hobbies & Clubs • Cards, Movies • Wii Games, Scrabble • Grand Buddies • Book Club & Art Club • Hiking Group • Crafters Group • Quilters -2262- 91 0 0 0 0 Recreation, Hobbies & Clubs • Gardening • Stamping • Gillespie Singers • Pretenders Story Theater Group • Community Singing Group • Events o Holiday Boutique o Festival of Trees o Santa's Hidden Treasures o Style Shows o Themed Dinners o Mother's Day Tea o Golf Tournament -2263- • °° I Events o Weddings and other Room Rentals • Summer Boat Cruises • Annual Plant Sale • Homecoming Tail Gate Party • Volunteer Appreciation Breakfast tsio T r i p • Shopping • Old Log Theater • Chanhassen Dinner Theater o Gale Woods Farm • MN Landscape Arboretum • MN History Center -2264- J 0 0 10 I• 0 • Trips o MN Science Museum • Macy's Flower Show • Mystic Lake Casino • Turtle Lake Casino o Others as available • I Programs • TRIAD — Mound Police • Estate Planning • Westonka Area Blood Drives • LMCC Filming: Seniors on the Go, Ch. 12 • Memorial Day Service o Intergenerational programs -2265- COOPERATIVE AGREEMENT THIS AGREEMENT is made this _22nd day of0anu-arv, 2002 by and between, the City of Mound, a Minnesota municipal corporation, ('Mound ") and the Westonka Senior Citizens Foundation, a Minnesota non -profit corporation ( "Westonka ") BACKGROUND The Gillespie Senior Center is owned and operated by Westonka, and is operated on a not - for -profit basis as a clubhouse, meeting and recreational - facility serving senior citizens in communities generally located in the western Lake Minnetonka area. The work of the Center is recognized by communities in the area, and a number of them have made financial contributions to assist the Center in its operations. Mound recognizes the activities of Center to be a key and important part of public recreation for the citizens of the community. Mound has previously made a significant contribution by approving an exemption from property taxation for the Center. Due to continuing unmet financial needs, the Westonka has requested that Mound consider additional assistance. Because of severe budget constraints, Mound was unable to provide for a monetary contribution to the Center in its 2002 budget. Mound is authorized by law to operate programs of public recreation, and to equip and maintain land, buildings and other recreational facilities to carry out such programs. Mound is further authorized by law to enter into agreements with non -profit organizations as such parties may mutually agree to provide for such programs. AGREEMENT In light of the foregoing, the parties hereto do stipulate and agree as follows: 1. Consideration. The consideration if the mutual promises and undertakings hereinafter made which the parties each deem to be adequate consideration. 2. Westonka Services to Continue. During the term of this Agreement, Westonka agrees to continue to provide clubhouse, meeting and recreational facilities serving primarily senior citizens in the western Lake Minnetonka area, including-Mound, 3. Services Provided to Westonka. During the term of this Agreement, Mound will provide the following services to the Center. Parking lot sweeping. -2266- 401 *I 16 16 ■ Mowing, limited to one (1) time per week; no bagging or sweeping. ■ Secure broken windows and other openings, not due to storm damage. ■ Respond to water and sewer. emergencies. ■ Snow plowing from parking areas and walkways, suited to removal by motorized vehicles. Snow hauling, when needed ■ Sanding of parking areas. 4. Additional Westonka. Consideration. In addition to the consideration contained in paragraph 1 above, Westonka agrees during the term of this Agreement to do the following: ■ Provide a meeting room at the Center for use by Mound at no charge for one six-hour period per month. (Mound to be responsible for the set -up and take -down of the room before and after the meeting) ■ Sponsor a dinner for the Mound crews providing the services ■ Make coffee and restroom facilities available to Mound crews while working at the Center. ■. Provide personnel to assist in Mound mass mailings and newsletters. 5. Scheduling and Requesting Services. As soon as possible after the execution of this Agreement, designated representatives of the parties will meet and formulate a schedule for performance of the services described in section 3 above, and-the process for requesting them. As to services that cannot be scheduled, in advance, for specific times, such as snow removal and other emergency services, the parties will formulate a response time schedule that will address, for example, the type of weather ,event that will trigger snow plowing, and the timing for providing the service in the case of such a weather event. Until a schedule has been formulated for each service, Mound may, but is not required, to provide such service. 6. Liability and Indemnity. Mound indemnifies, and agrees to defend and save harmless, Westonka, its officers agents and employees from any claim or cause of action for injury to persons or property occasioned by or arising out of the negligence or willfizl or wanton misconduct of Mound, its officers agents or employees, in the performance of its obligations under this agreement. Mounds liability to Westonka.under this Agreement is limited to this section and section 7. 7. Consequential Damages. Mound sliall be liable to Westonka for any loss in rental income, or from claims from individuals scheduled to use Center facilities ( "Third Party Claims "), resulting from the failure of Mound to perform any service as provided for in the schedule for that service, but only to the extent that Mound's failure is due to the negligence or willful or wanton misconduct of Mound in performance according to the schedule. Failures to comply with the schedule that are not due to such conduct by Mound, or which are due to circumstances beyond Mound's control will not be the basis for claims under this section, and with respect to Third Party Claims, Westonka hereby indemnifies and holds harmless Mound and its officers agents and employees. 8. Term, Termination. The term of this Agreement shall be for one year from the date of execution, and will automatically extend for successive one -year periods unless either party is notifies the other party in writing, within 30 days of the termination date that it elects not to extend the Agreement. -2267- r 9. Termination During Term. Either party may terminate this Agreement during its initial term or any extension thereof.. Such termination may be for cause, or for no cause. If the termination is for failure of the other party to perform, the terminating party may, at its election, make the termination effective upon the giving of written notice of such to the other party. If the termination is by Mound, and is not due to a breach by Westonka, the termination shall not be effective until Westonka has had a reasonable opportunity to obtain an alternate source for the services, or until 60 days following written notice of termination, whichever comes first. 10. Addition or Removal of Services. The parties may, from time to time, agree to add or remove services from the schedule of services described in Section 3 above. The Center will be subject to incremental charges for services in any subsequent agreements. 11. Miscellaneous. ■ The provisions of this agreement are intended to be binding on and inure to the benefit of parties hereto and their successors and assigns. ■ This agreement is not intended, and shall not be construed to confer any right or cause of action on third parties not signatory hereto. ■ Written notices required under this agreement will be either hand delivered or mailed by registered mail at the following addresses: In the case of notices to Mound: City of Mound 5341 Maywood Road Mound, MN 55364 Attn: Kandis M. Hanson In the case of notices to Westonka: Westonka Senior Citizens Foundation Gillespie Center 2590 Commerce Blvd. Mound, MN 55364 Attn: Foundation President IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CIT F MOUND B Pat Nfeisel, Mayor By Gam_ f Kandis Hanson, City Manager WEST SENIOR CITIZEN FOUNDATION By: �---- Its: -2268- 91 •I is AGREEMENT BETWEEN THE GILLESPIE CENTER AND THE CITIES OF • MOUND, MINNETRISTA, SPRING PARK, and ORONO Whereas, The Gillespie Center, ( "The Center ") a Minnesota Non - Profit Corporation, owns and operates a debt -free building with a replacement cost of at least $4,000,000 which was built with non - governmental funds and is located at 2590 Commerce Blvd, Mound, MN. This building is primarily used as a Senior Center, and brings needed assistance and entertainment to a great number of citizens of an extensive area And Whereas, The Center through fund raising activities and donations has managed to raise about $150,000 per year, spending about 2/3 of this to maintain the building and about 1/3 for salaries. Most of the work is done by volunteers. No officers or Board members are paid. And Whereas, A substantial endowment fund is needed to secure the future of The Center and to fund more activities. Several individuals have pledged a total of $350,000 over 5 years beginning in 2006 and it is expected that The Center will receive bequests from time to time. As money is received, it is handled by The Minneapolis Foundation. The goal for an endowment is $3,000,000. To the extent that funds can be received from Municipalities, The Center's usual fund raising activities will be available for endowment building • NOW, THEREFORE it is hereby agreed by and between The Center and the cities of Mound, Minnetrista, Spring Park, and Orono as follows; 1. The Center will endeavor to meet and surpass its recent record of raising funds and delivering services, benefiting the citizens of this area. 2. On or before September 1st of each year, The Center shall give a written report to each City of the previous 12 month's fund raising success and activities. If The Center does not meet its fund raising goal for 2 consecutive 12- month periods (See Appendix B), this agreement may be cancelled by action of /4 of the Cities. 3. The participating cities are defined as Minnetrista, Mound, Orono, and Spring Park. 4. Every three years beginning in January 2011, each City may appoint a Council Member to review The Center's progress with The Gillespie Center Board. After such review and consultation, the cities may set the fund raising goals for the subsequent 3 years and recorded in Appendix B of this agreement. 5. If at any time the endowment funds attain the total of $3,000,000, this agreement shall terminate at the end of that calendar year. 6. Allocation of payments among cities shall be based as follows (See Appendix A for projected total payments): a) $6.00 per year per resident for Mound, Minnetrista and Spring Park b) $6.00 per resident for those portions of Orono, south and west of Highway 84 7. Each city will pay to The Center for staffing and operation the amounts set forth in Appendix A before the end of the month of January for each calendar year, beginning in 2009. These figures may be adjusted by agreement of the cities and The Center, based on the 2010 National census data. 8. The f_mdraising goals for the year shall be set forth in Appendix B. 9.- This agreement shall be in effect from the date of its ratification by all parties until December 31 st, 2019 (unless sooner canceled pursuant to items 2 or 4 above), Each jurisdiction shall provide The Center with an approved resolution agreeing to the terms of this agreement, as well as signatures of the presiding Mayors (See Appendix Q. • es, draft 3/25/2008 -2269- Appendix A: 1. For Periods 1 -3, the projected!contract costs are as follows (totaling $131,928 in funding): a. Mound will pay $56,448 based on population of 9,408 b. Minnetrista will pay $34,356 based on population of 5,726 c. Spring Park will pay $11;,124 based on population of 1,854 d. Orono will pay $30,000 based on estimated population of 5,000 for the area nearest The Center 2. Periods 4 -10 shall be calculated pursuant to the main body of the agreement. Appendix B: 1. The fundraising goal for the Period 1 (9/1/2008 through 8/31/2009) shall be $150,000, prorated to the date of enactment for the first period. A minimum of 90% of these funds must be deposited to the endowment account. 2. The fundraising goal for the Period 2 (9/1/2009 through 8/31/2010) shall be $150,000. A minimum of 90% of these funds must be deposited to the endowment account. 3. The fundraising goal for the Period 3 (9/1/2010 through 8/31/2011) shall be $150,000. A minimum of 90% of these funds must be deposited to the endowment account. 4. The fundraising goals for Periods 4 -10 shall be set after the review, as defined in the main body of the agreement. Appendix C: Gillespie Center Mayor of Minnetrista 41., PiL====,- - Nfayor of Mound Mayor of Orono Mayor of Spring Park Gillespie Center Dated Minnetrista City Clerk Dated Mound City Clerk Dated Orono City Clerk Dated Spring Park City Clerk Dated -2270- U City of Mound Expenses - Senior Center • Cash & In -Kind Donations 2006 - 2009 Note: Mound approved an exemption from property taxes for the Gillespie Center, which may be compared to Mound Lodge who paid $4,996 in property taxes in 2007. C7 -2271- 2006 2007 2008 2009 City Budget: Cash Contribution $3,760 $4,000 $3,760 $3,900 In -Kind Donations (Estimated - Overtime not included): Public Works: Snow Removal Labor /OHI (10 Times per year) Equipment $561 $580 $598 $617 Others (Sanding (10x) &, Contracted $0 $0 $0 $0 Lot Sweeping (2x) Labor /OH/ & Brush Removal ('07) Equipment $456 $471 $602 $501 Parks: Tree Removal ('09) Contracted $0 $0 $0 $1,700 Mowing Labor /OH/ (Weekly May - Oct) Equipment $2,020 $2,086 $2,163 $2,219 Subtotal In -Kind Donations: • $3,036 $3,136 $3,352 $5,037 Total Cash & In -Kind: $6,786 X7.136 $7.102 $8.937 Note: Mound approved an exemption from property taxes for the Gillespie Center, which may be compared to Mound Lodge who paid $4,996 in property taxes in 2007. C7 -2271- • • L� . AGREEMENT FOR PROVISION OF COMMUNITY SERVICES AND RECREATIONAL FACILITIES This Agreement is made effective as of the day of October, 2009 by and between the City of Mound, a Minnesota municipal corporation (the "City ") and the Gillespie Center, a Minnesota non - profit corporation ( "Gillespie "). WHEREAS, the City is authorized to cooperate with or support a non- profit corporation which operates recreational facilities and programs pursuant to Minnesota Statutes Section 471.16; and WHEREAS, the City is authorized to appropriate money to support facilities, programs and services of non - for - profit senior centers and youth centers pursuant to Minnesota Statutes Section 471.935; and WHEREAS, the City is authorized to expend funds for a public purpose, an activity that will benefit the community as a whole, is related to functions of government, and does not have as its primary objective the benefit of a private interest; and WHEREAS, Gillespie owns and operates a community center located at 2590 Commerce Boulevard, Mound, Minnesota for the use and benefit of senior citizens and other residents of the greater Westonka community, including the City of Mound; and WHEREAS, the City finds that Gillespie provides a public service which benefits • the community as a whole by offering facilities, programs and services that provide recreational, educational and social opportunities for senior citizens and other residents of the City; and WHEREAS, the City and Gillespie desire to formalize their agreement regarding the use of the community center by and the provision of services for residents of the City. NOW, THEREFORE, the parties hereto agree as follows: PROVISION OF COMMUNI I Y 5tMVIGt0 HNu Mr-%,r%F -m I lw"r -` FACILITIES. Gillespie shall operate its community center building in Mound, MN to provide facilities, programs and services for City residents on an on- going basis. The programs and services to be provided by Gillespie shall include, but not be limited to, nutritional meals, transportation, health and wellness screenings and programs, social and recreational events and trips, educational and enrichment opportunities, tax assistance, counseling and case management, information and referral services, advocacy services, assistance for independent living, friendship opportunities, and such services as further described on Exhibit A attached hereto and made a part of this Agreement. 2. TERM. The term of this Agreement shall commence on January 1, 2010 and end on December 31, 2012. • 3. SUPPORT PAYMENT. The City shall pay to Gillespie an annual support payment of $60,000.00 for the provision of community services, programs - 2271.1 - and facilities as described in this Agreement. The support payment may be made in monthly or other regular installments in the discretion of the City. 4. INDEPENDENT CONTRACTOR. Gillespie is an independent contractor engaged by the City to provide the services described in this Agreement. Nothing in this Agreement shall be construed, implied or deemed to create any relationship other than one of independent contractor between the City and Gillespie, including, without limitation, a relationship of employment, agency, joint venture, association, partnership or any other form of legal entity or association. Gillespie shall be responsible for the administration and payment of all applicable federal, state, and local employment taxes and withholdings with respect to any amounts paid by the City to Gillespie or any of Gilllespie's employees. 5. INSURANCE. Gillespie shall maintain the following insurance coverages during the term of this Agreement: a. Worker's Compensation Insurance in compliance with applicable law; and b. Professional, automobile, general liability, and property insurance in amounts and in forms satisfactory to the City and Gillespie shall include the City as an additional insured on all such policies. For insurance requirements, refer to Exhibit B. 6. EARLY TERMINATION. Notwithstanding anything to the contrary contained herein, either party may terminate this Agreement prior to the end of the term • as follows: (a) without cause - by the delivery to the other party of seven (7) days advance written notice of termination, and (b) for cause or material breach of this Agreement by the other party — immediately, by delivery of written notice. In the event that this Agreement is terminated early as provided herein, the annual support payment due to Gillespie shall be pro- rated on a per diem basis through the termination date, and if Gillespie has received more than its pro -rated portion of the support payment, Gillespie shall return such unearned portion of the payment to the City on the termination date. 7. ANNUAL REPORT AND RECORDS ACCESS. Upon request, but at least annually, Gillespie shall provide the City with (a) a report of all activities, services, programs, and events provided to City residents pursuant to this Agreement, (b) a full financial accounting of Gillespie's income and expenses, (c) a complete report of its fundraising activities and contributions to its endowment fund, and (d) a copy of its Form 990; all certified as accurate, true and complete by an authorized officer of Gillespie. In addition, Gillespie shall provide the City and its staff access at all reasonable times to all of its books, records, documents, papers, and records of every kind and nature (together referred to as the "Records ") related to this Agreement, the provision of services pursuant to this Agreement and Gillespie's operations, and shall permit the City to inspect, examine, audit, copy and make transcripts of the Records for a period of six years after termination of this Agreement. • - 2271.2 - 2 • 8. NOTICES. All notices required to be given by either party pursuant to this Agreement shall be in writing and sent to the other party at the following addresses: To the City: City of Mound Attention: City Manger 5341 Maywood Road Mound, MN 55384 To Gillespie: Gillespie Center Attn: President or Co- President 2590 Commerce Boulevard Mound, MN 55364 All notices shall be deemed received when delivered, if hand - delivered, or three business days after deposit with the United States Postal Service, postage prepaid. Notices by fax or email alone are not sufficient. The addresses for notices may be changed by the parties from time to time by delivery of written notice to the other party as provided herein. 9. NON- DISCRIMINATION. In the performance of this Agreement, Gillespie shall not discriminate against any employee, applicant for employment, user of the community center or City resident because of age, race, color, creed, religion, national origin, sex, sexual orientation, marital status, disability or status with regard to public assistance. Gillespie shall post the provisions of • this non - discrimination clause in public places visible to persons using the center and applying for employment and shall post a statement that all qualified applicants will receive consideration for employment. Gillespie shall incorporate these non - discrimination provisions into its contracts and agreements with sub - contractors with respect to the provision of programs and services to be provided pursuant to this Agreement. 10. INDEMNIFICATION. Gillespie does hereby, for itself and its successors and assigns, release and agree to defend, indemnify and hold the City harmless from all Loss or Damage in any manner, directly or indirectly arising out of, resulting from, or in any manner connected with this Agreement, the provision of facilities, programs and services pursuant to this Agreement, and Gillespie's operation of the community center. The term "Loss or Damage" as used herein means all losses, costs, expenses (including without limitation, reasonable attorneys' fees, disbursements of counsel and costs of investigation), liabilities, damages, debts, fees, fines, penalties, charges, assessments, judgments, liens, settlements, claims, demands, rights, actions, suits, causes of action, and proceedings, and other obligations of any nature whatsoever and of any person whomsoever, including for death or injury to any person (including the parties and their employees, agents, and contractors) and including damage to property owned by, leased, rented to, or in the care, custody, or control of the parties and including damage to the environment or natural resources. The indemnity obligations contained in this Section shall survive termination of this Agreement. Indemnity should not be • construed as a waiver of any liability limits contained in MS466. - 2271..3- 11. GILLESPIE FUNDRAISING AND ENDOWMENT CONTRIBUTION. • Gillespie shall conduct fundraising activities and obtain annual contributions to fund its operating expenses and endowment. Each year Gillespie shall make a minimum contribution to its endowment fund of an amount equal to 115% of the City Contributions to Gillespie for that year; Gillespie's contribution to the endowment fund shall not include any portion of the City Contributions. In the event that Gillespie does not raise sufficient funds (from sources other than the City Contributions) to make -this minimum contribution to its endowment fund in any year, the City may immediately terminate this Agreement without advance notice to Gillespie and Gillespie shall return to the City on the termination date any portion of the annual support payment which has not yet been earned. For purposes of this Agreement, the term "City Contributions" is defined as follows: the sum of (a) the amount contributed to Gillespie by Spring Park in excess of $3,500 /year, (b) the amount contributed to Gillespie by Mound in excess of $4,000 /year, (c) the amount contributed to Gillespie by Orono in excess of $19,000 /year, and (d) the amount contributed to Gillespie by Minnetrista in excess of $3,500 /year. 12. DATA PRACTICES ACT COMPLIANCE. Data and information provided to Gillespie under this Agreement or through provision of services for the City shall be administered in accordance with Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in accordance with all applicable laws, rules, and regulations. 13. ASSIGNMENT. This Agreement may not be assigned by either party without • the advance written consent of the other party. 14. COMPLIANCE WITH LAW. In providing services pursuant to this Agreement, Gillespie shall comply with all applicable laws, statutes, rules, regulations, codes, ordinances. Any violation of this provision shall constitute a material breach of this Agreement by Gillespie and will entitle the City to immediately terminate this Agreement without advance notice and to receive a refund of any portion of the annual support payment which has not yet been earned. 15. SECTION HEADINGS. The titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 16. PARTIAL INVALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid or unenforceable by a Court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this Agreement. 17. NO WAIVER. The action or inaction of either the City or Gillespie shall not constitute a waiver or amendment of the provisions of this Agreement. To be binding, waivers must be in writing, signed by the parties and approved by written resolution or motion of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be or be deemed to be a • waiver or release of any right of the City or obligation of Gillespie. - 2271.4- 4 • • • 18. ENTIRE AGREEMENT: AMENDMENT. This Agreement and any attached exhibits constitute the entire agreement between the City and Gillespie and supersede any and all other written or oral agreements between the parties related to the subject matter contained herein. This Agreement can be modified or amended only by written agreement signed by both the City and Gillespie. 19. APPLICABLE LAW. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the City and Gillespie have executed this Agreement effective as of the date first written above. CITY OF MOUND By Mark Hanus, Mayor GILLESPIE CENTER 9 Harold Pellett, Co- President Attest: - 2271.5 - Bonnie Ritter, City Clerk 5 EXHIBIT A • GENERAL COMMUNITY SERVICES * Bus transportation * Noon lunches * Income tax preparation * Library with Computers * HUD -HRA assistance * Health Insurance counseling * Defensive Driving classes * Banking assistance * Bargain Bakery * "Hidden Treasures" Shop * Battery recycling * Coffeehouse HEALTH / WELLNESS * Avada Hearing care * Flu Shot Clinic * LifeLine Screening * Foot care * Blood pressure checks • * Vision Loss Support * Parkinson's Disease Support * Senior Outreach Social Worker * Over 50 and Fit Exercise Class * Snapdragons Exercise Class * Line Dancing Class RECREATION / HOBBIES / CLUBS * Cribbage, 500, Bridge, Progressive Rummy * Wii Games, Scrabble, Movies * Grand Buddies and Adult Book Clubs * Art Club * Hiking Group * Crafters Group * Quilters * Gardening * Stamping * Gillespie Singers * Pretenders Story Theater Group * Community Singing Group - 2271.6 - • EVENTS * Annual Golf Tournament * Holiday Boutique * "Festival of Trees" * Santa's Hidden Treasures * Style shows * Themed dinners * Mother's Day Tea * Partnered with the Westonka Historical or Westonka Horticultural Societies * Wedding, Anniversary, Social or Business Room Rentals * Al and Alma's Summer Boat Cruises * Annual Plant Sale * Annual Homecoming Tail Gate Party * Volunteer Appreciation Breakfast TRIPS * Shopping * Old Log Theater Plays * Chanhassen Dinner Theater Matinees * Gale Woods Farm * MN Landscape Arboretum * MN History Center * MN Science Museum and Omni Theater * Macy's Flower Show * Mystic Lake and Turtle Lake Casinos * Others as available week days PROGRAMS * TRIAD — Mound Police * Estate planning * Westonka Area Blood Drives * LMCC Filming of Gillespie Center show of "Seniors on the Go" on Ch. 12 * Memorial Day Service with American Legion * Intergenerational programs with area school students and seniors - 2271.7 - EXHIBIT B • Insurance Policy Limits for City of Mound Contractors General Liabili $1,000,000 Each Occurrence $1,000,000 Personal Injury /Advertising Injury $2,000,000 Products /Completed Operations Aggregate $2,000,000 Annual Aggregate $100,000 Damage to Rented Premises $5,000 Medical Payments (optional) Auto Liability: $1,000,000 Combined Single Limit — Bodily Injury & Property Damage $1,000,000 Hired & Non -Owned Auto Liability Workers' Compensation: $100,000 Each Accident S $500,000 Policy Limit $100,000 Each Disease Statutory Limits Apply Umbrella/Excess Liability: $1,000,000 Each Occurrence and Annual Aggregate Requested Certificate Wording: The City of Mound is named as an Additional Insured with respect to their interest in work performed on their behalf by the Named Insured. The Gillespie Center waives their right to subrogation in favor of the certificate holder. - 2271.8 - 10 • r 1 5341 Maywood Road City of Mound Mound, MN 55364 Department (952) 472 -3190 Public Works MEMORANDUM To: Honorable Mayor and City Council From: Carlton Moore, Director of Public Works Date: October 27, 2009 Subject: Approval of Plans and Specs for the Street Lighting Replacement Project on CR # 15 /110 The City of Mound applied for and received stimulus funds for the replacement of the old City - owned street lights along County Roads #15 and 110. The project plans and specifications are completed and the project is ready to submit to the Minnesota Department of Transportation for final approval before bidding the project. Attached is a copy of the project area map and the plan sheet showing the proposed light fixture and pole. They are designed to match closely the new decorative pole in the streetscape area completed several years ago. The poles will be made of stainless steel and powder coated to provide minimal maintenance. The fixtures were also chosen to be similar to those on the streetscape project and provide the required light levels. The final pole and fixture manufacturers will not be known until the bids are received as we are not able to specify proprietary products in the specifications. Recommendation It is recommended the City council adopt the attached resolution approving the plans and specifications for the street lighting replacement construction project on County Roads #15 and 110. -2272- 9 • • Rd reilV 6OW10 101 °31V0 -2273- Z m= o > �g M zo Z mo c O > 0 ma Oit V z J a w w z '1 H G a p p w z x p o mow> ¢r �N J3W O� 3 G I V tta pW � > m mLnaO Cw OaO < z :wa 3Q J H W W x W WNp W W�Hx �O � ZV B a� ow: N m -gyp Nw N am ' z o r U LLi� aN� J �Q =Z rA 6 O p J {/) O N O w a� «>t; xJ0 V) OOp � J f-w �•� a °O= maw N?p Z Owwin =«J. �< QUO u W wa GZ z oo m O z tea: O �� z UJ w p rvw .e• W J IL z q 6c R o-,s C9 o U � O°W Zm J Na NN V JN O w O N D N S T m a p{ 6 > a ui s O w W ~ J Z Oa ti m t a �- � z ppG o °z op � W z r M a p �� —� oo Za, m "'' ~ p O o a v J -i aO w� - J .z-. p r mO ? 3 $ a M. a �- o a m v �em�_ _ w � 7 a�J> J z 'n w --u w Q B Jwa a zw --- cr Z_ J •Z (L rr F- Z L-1 m g —1!I >Qwr r a aO ¢z Or a�2.•. N w mO aF- vi a O w < a a ry a 3 a v w ZQWF- �. J +y �"" mJ� V)m J Jo W �y J 4 N N h G¢ w= } O a O M Z G p it L w a V x p 4 Q V. a z a OJ o x a J a 07 J t Y VZPwWB1B70J��DK1W�po-8LBlO�a '31YVN3Nd '8 H1Vd —2274- Rd W117d 5"Ileior 131V0 01 I� • • CITY OF MOUND RESOLUTION NO. 09- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CSAH 15/110 STREET LIGHTING REPLACEMENT PROJECT WHEREAS, plans and specifications have been prepared for the CSAH 15/110 Street Lighting Replacement Project and such plans and specifications are before the Council for approval; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: 1. Such plans and specifications, a copy of which are hereto made a part hereof, are hereby approved. 2. City staff is authorized to prepare advertisement for bids and receive such bids as provided state statute. Adopted by the City Council this 27th day of October, 2009. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -2275- • MEMORANDUM TO: Planning Commission, Honorable Mayor and City Council FROM: Jim Fackler, Park Superintendent DATE: October 16, 2009 RE: 2911 Cambridge Lane — Public Lands Permit Application A Public Lands Permit application for construction of a lakeside deck/stairs at 2911 Cambridge Lane that extends into Wychwood Commons was on the agenda to be discussed at the Docks and Commons Commission meeting on Thursday, October 15, • 2009. The Docks and Commons Commission meeting did not have a quorum and therefore could not make a recommendation. It was unexpected that a quorum was not present, as prior to the Commission meeting, attendance responses from the commissioners indicated we had a quorum. Park Superintendent Jim Fackler recommends the application go directly the Planning Commission and City Council without the Docks and Commons Commission recommendation. • -2276- PUBLIC LANDS REPORT TO: Docks and Commons Advisory Commission FROM: Jim Fackler, Park Superintendent/Sarah Smith, Community Development Director DATE: October 9, 2009 SUBJECT: Wychwood Commons APPLICANT: Robin Shaughnessy LOCATION: 2911 Cambridge Lane REQUEST: Construction of new lakeside deck/stairs on the west side of the house located at 2911 Cambridge Lane which extends on to Wychwood Commons. • 320.01 Special Permits for Certain Structures on Public Land. Subd. 1. Construction on Public Land Permit. Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land permit is issued as provided in this section: Any proposed construction, special use or land alteration shall require the applicant to provide necessary drawings to scale, specifications of materials to be used, proposed costs, and purpose for change. All special permits shall require a survey by a registered land surveyor before a special permit will be issued. Survey shall comply with the Mound Building Code survey requirements. Copies of such surveys, drawings, specifications of materials, proposed costs and statements of purpose shall be furnished to the City and kept on file in the City offices. No special permit shall be issued unless approved by a simple majority of the Council members.' (ORD.108 -2000, 7/16/00) Subd. 2. _Types of Construction ReQuiring a Special Construction on Public Land Permit. All stairways, retaining walls, fences, temporary structures, stone work, concrete forming, or any type of construction shall require a special permit. No special construction permit shall be issued for construction of boathouses or other buildings on public land under Section 320 or any other ordinance of the City. • -2277- CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City • departments for review and comment. All written comments received to date have been summarized below: Jim Fackler, Park Superintendent: • Survey references "Brighton Commons" which is incorrect. Property abuts Wychwood Commons. Needs to go to Docks. Advisory Commission in October Question for the DAC is whether the deck in the Commons is an acceptable encroachment under City Code Chapter 320. Ray Hanson, Engineering/Planning Technician • No further comments following site visit. Refer to below comments from CDD Smith. Sarah Smith, Community Development Director: • A deck is currently located in the subject location, a portion of which was removed in Fall 2008 to allow for repair of the house foundation following building permit issuance on 11/24/08. The current proposal includes construction of a new deck which would be expanded. • The applicant submitted a Public Lands Permit under City Code Chapter 320.01, Subd. 2 to allow construction of a new deck/stairs. Members are advised that a variance has been submitted for the proposed new deck system. • The shoreland overlay regulations in the City Code includes provisions for • "Water Oriented Structures" and allows exceptions to the normal structure setback of 50 FT from the 929.4 Ordinary HighWater Mark (OHWM) for Lake Minnetonka for certain structures. The excerpts from the City Code are provided below: 2. Water - oriented Accessory Structures. Each lot may have one water -oriented accessory structure on private lakeshore not meeting the normal structure setback in Subsection 350.1225, Subd. 3.A.1. of this ordinance if the water- oriented accessory structure complies with the following provisions: a. An at -grade deck is allowed providing that it does not occupy an area greater than 250 square feet and must not exceed thirty (30) inches above grade at any point. b. A lock box is allowed providing that it does not have a total floor area exceeding twenty (20) square feet and does not exceed four (4) feet in height. Where possible, lock boxes shall be positioned such that the narrowest side of the structure is parallel to the ordinary high water line. C. The setback of water - oriented accessory structures from the ordinary high water level must be at least ten feet. d. Water - oriented accessory structures must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions. • -2278- • It appears a portion of the lakeside deck which extends on to Wychwood Commons may qualify as a Water Oriented Structure which would allow for a 10- FT setback from the OHW as it less than 250 SF and is less than 30 inches above grade. The remainder of the lakeside deck is behind the required 50 -FT setback from the OHW. In the event the portion of the lakeside deck on the Commons does not qualify as ,a "Water Oriented Structure" as referenced above, one of the factors the City needs to consider whether or not to grant the Public Lands Permit is that a portion of the deck lies within the 50 -foot setback from the Ordinary High Water Mark as measured to the 929.4 Ordinary High Water Mark (OHW M). • If approved, Staff recommends a waiver of liability; hold harmless agreement be prepared and executed by the applicant. SITE INSPECTION City Officials and Board Members are encouraged to visit the site prior to the meeting. RECOMMENDATION Staff recommends DAC approval of the Public Lands Permit application subject to the following conditions: . 1. A waiver of liability; hold harmless agreement be prepared and .executed by the applicant including the City's right to remove the structure. • 2. Public Lands Permit approval is contingent upon approval of a variance for the proposed new deck/stairs on the private property. CITY COUNCIL REVIEW Public Lands Permits require approval by the City Council. At this time, no date has been set but is anticipated to follow review /recommendation from the DAC and Planning Commission. ATTACHMENTS: • Public Lands Permit Application dated September 30, 2008 • Survey /site plan • Architectural /elevation drawings • Photograph(s) -2279- CIL\ (Alki 5341' Maywood: Road, Mound, MN 55364 Phone. 952472 -0600. Fax 952 - 472 -062Q Parks & Open Space Commission- Date Docks& Commons Commission Date PUBLIC LANDS APPLICATION Date. Received` City. Council Date RECEIVED SEP 2t Z009 -Y 01.w f1AG11 i�i.n • DISTRIBUTION Building Officiaf Parks Director DNR MCWD Check One Public Works Other CONSTRUCTION: ON. PUBLIC LAND. PERMIT — new construction. NOTE:. NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER. BUILDINGS ON PUBLIC LAND (City.-Code Section. 320, Subd. 1). ❑ PUBLIC LANDS MAINTENANCE PERMIT —to allow repairs to an existing structure (City Code. Section. 320, Subd_ 3). ❑ CONTINUATION OF STRUCTURE —to allow an existing encroachment to remain in an "as is" condition (City Code Section 320, Subd. 3).. ❑ LA,NO ALTERATION —change in shoreline, drainage, slope, trees, vegetation, fill, etc.. (City Code Section. 320 „. Subd.. 4). he structure orwork you are requesting, is art activity ort publicly owned lands_ Structures like boat houses,. patios, reds, etc_ are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance, which leans that those structures will at some time in the future have to 'be removed from the public lands: All permits are ranted. for a limited time and are non- transferable_ Stairway construction must meet the State Building Code when the ermit is for new construction, or anew permit is applied for due to a change in dock site holder. r. rease-type. or APPLICANT Name Address�i,��� Phone (H ABUTTING. Addressc >CY 1,1 C: r�(n' �� L�� � a PROPER- LEGAL. �..� °� ' Blockj, DESC._ PID # - — Plat# ZONING DISTRICT R-1 R-1” R -2 R -3 "B -1- B -2 B -3 ruunc 4di ws rennn Hppimduon Page 1 of 2 Revised 7 -7 -09 -2280- • Dock. Site Shoreline Type CONTRACTOR I Nam 6?c Address r Phone (H) (W } - ' — S I /. A FEE OF $200.00 APPLIES IF VALUATION OF PROJEGT EXCEEDS $1,000.00 AND. NO PUBLIC BENEFIT IS DERIVED_ PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) DESCRIBE REQUEST & PURPOSE • Public Lands Permit Application Page 2 of 2 Revised 7 -7 -09 -2281- >- Z �Q O W Z V Z O V W Y Q J r r J �t �i of Ul CERTIFICATE. OF SURVEY FOR ROBIN L. SHAUGHNESSY IN LOTS 5, 7 AND 8; BLOCK 35, WYCHWOOD HENNEPIN COUNTY, MINNESOTA LEGAL DECRIPTION OF PREMISES: That part of Lot 5 described as follows to wit: Commencing at a point on the Westerly fine of said lot a distance of 48 feet Southerly from the Northwest comer of said lot thence 'Id 0 Southerly Southerly fi Northeast comet of saM Lot; thence Northerly lonyg to a the EEaasterriny fine of se d Lot a distance of 3B few thence Westerly to a point on the Westerly firm of said Lot 48 feet Southerly from the Northwest comer of said lot which was the;: of beginning except the Westerly 10 feet thereof; The South 10 feet of Lot 7; and Lot 8, Block 35, "Wycmwood". This survey shows the boundaries of the above described Property, and the location of an .0 d. house and deck and garages thereon. a does not purport to show any other Improvements or encroachments. • : Iron.merkerfound o :Iron marker set Bearings shown are based upon an assumed datum. -S NE CDR OF LOT 5 YUNE ' LOT 5 ono REVLSTDN DATE MSCRPTKW GRONSERG & ASSOCIATES, INC EP,�n.METHIS UP"�MµAM 1,=20, CONSULTING 840INEEM LAND SUR THAT IAM ADULY LICENSED PROFESSIONAL E.HC�NEER AND DATE DRAWN pr Sr1EPLANNERS SURVEYOR UNDER THELAwSOFTHESTATEOFMINNEEDTA 5-1609 CHECKED M8 N. WILLOW CHIL LONG LAM Mr•L 653M 554473.4141 +6i �• DATE /! -6 MN LICENSE NIRABER _ &&Z 05.050 05.05.0 - 22$2 -. • • • R m O w N Z _Z 0 V �v i CERTIFICATE OF SURVEY FOR ROBIN L. SHAUGHNESSY IN LOTS 5, 7 AND 8,, BLOCK 35, WYCHWOOD HENNEPIN COUNTY, MINNESOTA POttV?.OF - Zcda _gEAC.HES 80 °!a Oft. M4RE .TOWAS;US_._. LUKE CHAS- LI4V6.I5_LSSS: --NW 19'_ABQS!E. Edtl.5 RCn..WATER.. WE WHIC - M... LAW. .. 41 ,i, S 8Y43W E 100,00 A some x2911 WaE f ._.._. •: N. S 8$'00'45" E 1( F OF WT B 0F 0F LOT 6 _ 0 , eLY UN 3 w GIXAIRApE , ,� OF LCFr lb LEGAL OECRIPTION OF PREMISES: That pert of Lot 5 deaalbed as 150110" i0•vrit Commencing at a pion the WWWIY m Ofot� Lott. of 38 feet EsstKIY to a � W the easterly lot timam Souemly Gong the wea�Y �,,,e, of saIrl Lok thence NortllertY almV the EasAdY fine of said fine of avid Lot 70 feet S0WhwIY from tha roNoratleast on the s i dY fine of seal Lot 48 feet Soulhedy from the Lot a distance of 35 feet dm=INeeasdY P Westerly 10 feetthel4of� Nathweat caner of said lot ,hIch Was t o point of bMIrl l9 ww*Pt The South 10 feet of Lot 7: and Lot a, Bb)ck 35, "WY& -W ". s survey gwm to of the above dgsm% d property, and the location Of an . edstnp use end des thmear. It does not puport to show arty otux improvements u snaoadrments. s Iron mad-found o Iron marker set an assumed datum B�dn� shovm are based upon - s ;,aaPR6Pam TmTrmPIAa6PEQFICAl10t1aiA DESCRP" GRONSERG & INC 9ra6oRUlVWUf ww • pFVV610N DATE UT RVEYOR HATIA� AOULYUCn6e:wbPROFEU MWaaa DAT E pOHSLN0 Et ONEEStAND 8U 645 erne PI.Atae" pr 445 m vuu0w9nCl41LAKF- w+. 6'aas m„ /l7Jt _ 094M OATE�„GiE�R- LIEGRED 09.090 —2283— CERTIFICATO OF SURVEY FOR ROBIN L. SH.AUG.HNESSY. IN LOTS 51.7 AND BLOCK 35j,WYCF HENNEPIN C LINTY, MINNESOTj -Pc)iN-T OF ELF-VA-TICA�-A-S W14lCt4- SLOI�&— 30 °/c, oR MORE 70WARMS - - I q' AsoVF, WIVN7FR. L i ........... STORM.SEWER EASEMENT I . ci EXISTING HOUSE #2911 47+- .................................... .... .. * ....... 7.5 7 00) 4io , EXISTING HOUSE -2284- • 0 -7 11 0 - 11 ' ...... PER DOC. NO ........... 8 .........46.7 S 89"00'45" E 100-00 IN so a NW 'Punoyy 'au6010o u D V N U'l G6p'jgUano LL6Z ZZC99 NN 'C9 9066 - am (m) � g p W /Cssauy6noys ulgoa Pa }uo 99L96 uol }one }suoo >jaaJC) aegw11 u6 /voo fimyopowo& W OUJO14 Me%( /OfjuopfrB2/ O �', W - Jaumo awoH :.Jo}oo.a}uOO DTI A NIM S,ZBVH • v J u OIIu ju °I gg ju' III_°. �I • W V J I� �I w w In nt t O � b u Ww Y u m a II O mll -2285- 1� 4 .b-.Z .9 -. .t 20 4'N r XK of of R n u� C€ os ~~J Ln W� O ► ag L� LF 09 r- Q !L C O b O ; L Y u o a Executive Summary • ®® Hoisington Koegler Group Inc. TO: Mound City Council, Planning Commission and Staff FROM: Jeff Miller, Consulting City Planner DATE: October 22, 2009 SUBJECT: PC Case #09 -10, 2911 Cambridge Lane, Rear Setback Variance to Expand Deck The Planning Commission reviewed this case at their October 20th meeting and unanimously recommended denial of the request for a rear setback variance to expand a non - conforming deck/stairs. The findings of fact for the denial are contained in the 10/20/09 Planning Commission meeting minute excerpts (draft) which have been included as an attachment. Staff had recommended approval of the requested variance based on the following findings of fact: 1. The criteria for granting a variance as established in City Code Section 350.530 are being • met. . 2. The existing house is located 6.4 ft from the rear lot line and is therefore a non- conforming structure. 3. The new deck would be constructed in generally the same location as the old deck which also had a zero (0) ft setback. 4. The portion of the deck located in Wychwood Common is consistent and meets the intent of the standard applicable setbacks for a lakeshore deck and water - oriented accessory structure (at -grade deck). It should be noted that the applicant's proposed deck/steps expansion project also requires approval of a Public Lands Permit, since a portion of the expanded deck would be located on Wychwood Common. The Public Lands Permit application for the deck expansion and improvements on the Wychwood Common land was on the October 15, 2009 agenda for the Docks & Commons Advisory Commission for their review with a recommendation for approval from Staff subject to conditions. Due to an unexpected lack of quorum at the October 15t` meeting, the Public Lands Permit application is being forwarded to the City Council without a recommendation from the Docks & Commons Advisory Commission. The City Council has the option to remand the Public Lands Permit back to the Docks & Commons Advisory Commission prior to action if it feels that the Commission's input would be beneficial for City Council • review. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -2289- It should also be noted that the Public Lands Permit application was not part of the Planning • Commission's review. Although the portion of the deck on the public land (Wychwood Common) was discussed at the Planning Commission meeting, their review was intended to be on the application for a rear yard setback variance. Nonetheless, the Planning Commission felt that having the Docks & Commons Advisory Commission review would be helpful • • 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -2290- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION OCTOBER 20, 2009 CASE NO. 09-10 REAR SETBACK VARIANCE FOR LAKESIDE DECK/STEPS 2911 CAMBRIDGE LANE ROBIN SHAUGHNESSY Planning Consultant Jeff Miller introduced the application. Variance is requested for a lakeside deck replacement and expansion. Existing house is only 6 feet from the lakeside property line, which is non - conforming. The current deck encroaches into the Wychwood Commons area. Staff has recommended approval subject to the conditions listed in the Staff Report. Discussion It is difficult to approve an expansion of the non - conformity. MOTION carried unanimously. is -2291- 5341 Maywood Road Mound, MN 55364 (952) 472 -0604 PLANNING REPORT TO: Planning Commission City of Mound Planning and Building Department Im FROM: Sarah Smith, Community Development Director DATE: October 15, 2009 (Revised 90 122109 — typos) SUBJECT: Variance — Lakeside Deck OWNER: Robin Shaughnessy PLANNING CASE NUMBER: 09 -10 LOCATION: 2911 Cambridge Lane ZONING: R -1A Single Family Residential REQUEST: The Planning Commission will review a variance application from Robin Shaughnessy, owner of the property at 2911 Cambridge Lane, for construction of new lakeside deck and stairs on the west side of the house to be constructed with a zero (0) FT setback from the rear line for the deck and stairs. Per code, a 10 -FT rear setback is required for decks and steps require a 2 -FT setback. BACKGROUND /SITE CONDITIONS The subject property includes a single- family home which fronts Cambridge Lane on the east side and Wychwood Commons on the west side which extends to Lake Minnetonka. The existing house has a nonconforming rear setback as it is located 6.4 FT from the west line. • There is a 223 SF deck (including stairs) currently located in the subject location, a portion of which was removed in Fall 2008 to allow for repair of the house foundation following building permit issuance on 11/24/08. The existing deck encroaches over the rear lot line into Wychwood Commons. The current proposal includes construction of a new 395 SF deck (including stairs) which would wrap around the existing sun room on the N/S sides of the house to align with the existing building lines and would also cross the rear lot line on the west side into Wychwood Commons and be expanded on the south side of the original deck to align with the south building line on the applicant's property. As submitted, the proposed project requires both variance and public lands permit approval. -2292- • REVIEW PROCEDURE • Variance. City Code Section 350:530 Subd. 1 outlines the criteria for granting variances in the City of Mound. The excerpts are provided below: Subd. 1. Criteria for Granting Variances. A variance to the provisions of the Zoning Ordinance 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. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist: A. Exceptional or extraordinary circumstances apply to the property which 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 ordinance have no control. B. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. C. That the special conditions or circumstances do not result is from the actions of the applicant. • D. That 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 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. TIMELINE FOR AGENCY ACTION State Statute requires approval and /or denial of land use applications within 60 days days unless the City executes an extension. The variance application was submitted and deemed to be complete on or around August 28, 2009. The City of Mound, on October 7, 2009, extended the timeline for action on the application until December 24, 2009. 2 -2293- CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all • applicable City departments and agencies for review and comment. All written comments received to date have been summarized below: Jim Fackler, Park Superintendent: • Survey references "Brighton Commons" which is incorrect. Property abuts Wychwood Commons. Needs to go to Docks Advisory Commission in October. Question for the DAC is whether the deck in the Commons is an acceptable encroachment under City Code Chapter 320. Ray Hanson, Engineering /Planning Technician • No further comments following site visit. Refer to below comments from CDD Smith. DISCUSSION: • At its September 1, 2009, the Planning Commission deemed the May 2009 Gronberg and Associates survey and site plan /drawings from Hart's Design acceptable for land use review. • A deck is currently in the subject location, a portion of which was removed in Fall 2008 to allow for repair of the house foundation following building permit issuance on 11/24/08. The current proposal includes construction of a new deck which would be expanded. • The applicant submitted a Public Lands Permit under City Code Chapter • 320.01, Subd. 2 to allow construction of the new deck improvements in Wychwood Commons. • The shoreland overlay regulations in the City Code includes provisions for "Water Oriented Structures" and allows exceptions to the normal structure setback of 50 FT from the 929.4 Ordinary High Water Mark (OHWM) for Lake Minnetonka for certain structures. The excerpts from the City Code are provided below: 2. Water- oriented Accessory Structures. Each lot may have one water - oriented accessory structure on private lakeshore not meeting the normal structure setback in Subsection 350.1225, Subd. 3.A.1. of this ordinance if the water - oriented accessory structure complies with the following provisions: a. An at -grade deck is allowed providing that it does not occupy an area greater than 250 square feet and must not exceed thirty (30) inches above grade at any point. b. A lock box is allowed providing that it does not have a total floor area exceeding twenty (20) square feet and does not exceed four (4) feet in height. Where possible, lock boxes shall be positioned such that the • narrowest side of the structure is parallel to the ordinary high water line. -2294- C. The setback of water - oriented accessory structures • from the ordinary high water level must be at least ten feet. d. Water- oriented accessory structures must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf- on conditions. Staffs review of the request is that the portion of the lakeside deck which extends on to Wychwood Commons may qualify as a Water Oriented Structure which would allow for a 10 -FT setback from the OHW as it less than 250 SF and is less than 30 inches above grade. The remainder of the lakeside deck is behind the required 50 -FT setback from the OHW. Staff is of the opinion that the only permit required fo- mpr-ovemente -in the - -- - Commons is a Public Lands Permit. While this aforementioned "Water Oriented Structure" section discusses these types of improvements on "private" property, Staff believes that circumstances applicable to private lakeshore should also be considered in connection with the Public Lands Permit application. • Staffs review is that the slope does not meet the bluff criteria. • The Public Lands Permit application for the improvements in the • Commons was included on the October 15, 2009 Docks and Commons Advisory Commission for review with a recommendation for approval from Staff subject to conditions. Due to an unexpected lack of quorum of the DAC, the Public Lands Permit application will be forwarded to the City Council without a recommendation from the DAC. See attached memorandum from Parks Superintendent Jim Fackler. Applicant is advised that the City Council, at its option, may remand the Public Lands Permit application by back to the DAC prior to action if it feels their input would be beneficial for their review. • Steps are allowable encroachments in setback area(s) as long as they are located within 2 feet from lot line(s). • Side setbacks for decks are (4) feet if located behind the building line; (6) feet if located between front and back building line(s). • A deck is a common feature for homes especially on lakeside lots. • Hardcover is within the 40 percent allowance. With the proposed project, hardcover will be reduced as cement / stairs is being removed and • replaced with decking which will not count towards hardcover. 4 -2295- SITE INSPECTION Planning Commission members are encouraged to visit the site prior to the • meeting. RECOMMENDATION Staff recommends Planning Commission approval of the variance application based on the following findings of fact: 1. The criteria included City Code Section 350.530- -Subd.9- are- bei - -- - -- „g- rr,er- - - - -__ 2. The existing house is located 6.4 FT front the rear lot line and is therefore nonconforming. 3. The new deck is being constructed in generally the same location as the old deck which also had a zero (0) FT setback. 4. The portion of the deck located in Wychwood Commons is consistent and meets the intent of the standard applicable setbacks for lakeside decks and water - oriented structures for an at -grade deck. Staff's recommendation for approval of the variance is made subject to the following conditions: Approval of a Public Lands Permit for proposed new deck/stairs on the Commons including all conditions. 2. Applicant shall be responsible for payment of all costs associated with the • variance request. 3. No future approval of any development plans and /or building permits is included as part of this action in the event the variance application is approved. 4. Applicant shall submit all required information upon submittal of the building permit application. 5. Applicant shall be responsible for procurement of any and /or all permits. 6. Applicant shall be responsible for procurement of any and /or all public agency permits including the submittal of all required information prior to building permit issuance. 7. The applicant shall be responsible for recording the resolution(s) with Hennepin County. The applicant is advised that the resolution(s) will not be released for recording until all conditions have been met. 8. No building permits will be issued until evidence of recording of the resolution(s) has been provided to the City by the applicant. • -2296- 9. No building permits will be issued until any and /or all fees • associated with the land use application have been paid unless an escrow deposit of sufficient amount is on file with the City. J • CITY COUNCIL REVIEW Variance applications require approval by the City Council. A tentative City Council date is Tuesday, October 27, 2009. -2297- 5341 Maywood Road, Mound, MN 55364 Phone 952 - 472 -0600 FAX 952 - 472 -0620 JOY, a Vf V VARIAN , CE APPLICATION Application Fee and Escrow Deposit required at time of application. Planning Commission Date , )— Case No. I I I . City Council SUBJECT PROPERTY LEGAL DESC. PROPERTY OWNER Please tvr)e or Address,--W) / P _ .1. , y Lot S , ? �81 1 Block Su PID #.=.2-q — 1 — , — Dn Zoning: R1�R1A R2 R3 B1 132 B3 (Circle one) Namsi)Wk --* Email Addressj/ Phone APPLICANT Name Email (IF OTHER THAN Address OWIR) phone Home Work Fax 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? Yes ( ) No N. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): D i i i - Variance Information (1/6/2009) Page 4 of 6 -2298- • • • Case No. 3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No K). If no, specify each non- conforming use (describe reason for v dance request, i.e. setback, lot area, etc.): Rear Yard: Lakeside: . Street Fror iLot Size: Hardcover: RE�RED REQUESTED 20 (or existing) ft. tf y ft. 5 ft. ft, �..- Lam/= �.L-!— ft. � � ft•. 7a sq ft sq ft �L_sq ft J_ Lsq ft VARIANCE ft. ft: ft. ft. S� ft. ft. sq ft sq ft 4. Does the presept use of the property conform to all regulations for the zoning district in which it is located? Yes M, No ( ). If no, specify each non - conforming use: 5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage existing situation too shallow ( ) shape other: specify Please Variance Information (1/6/2009) Page 5 of 6 -2299- Case No. 6. Was the • s hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes(), No If yes, explain: 7. Was the hargship created by any other man -made change, such as the relocation of a road? Yes ( ), No (X). If yes, explain: 8. Are the conditions of hardship:for which you request a variance peculiar only to the property described in this petition? Yes &A, No ( ). If no, list some other properties which are similarly affected? -_ - • ..- _ • 1- --• ".. -- &, M� GU iu a%'Lu1 Q«. I slum wwieaye mat i nave reaa an of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Applicant's Signatu Variance Information (1/6/2009) Page 6 of 6 -2300- � E_� 0 2- � Date _4 Q • ........... C PROPERTY ADDESS: OWNER'S NAME*- LOT AREA HARDCOVER CALCULA IONS (IMPERVIOUS SURFACE COVERAGE) SQ. FT X 30%1� all, P 'S� 7 7 - - .: - - - ... - -1 7 - E)dsting Lots of Record may have 40 percent coverage providod-that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225, Subd. 6.B.1 (see back). A plan must be submitted and approved by the Widing Official. LENGTH WIDTH SQ FT HOUSE x X = e,2 TOTALHOUSE .................... ............................... DETACHED BUILDINGS • x (GARAGE/SHED) x • TOTAL DETACHE D BUILDINGS.'.`: i DRIVEWAY, PARKING x � •,AREAS, SIDEWALI<Si qL t ETC. X x T DeIVEWAY, ........................ DECKS open decks (1/4" min. x F7 Opening between boards) with a x pervious surface under Are not counted as hardcover., x TOTALDECK ........................................................ X' X TOTALL OTHER ..................... ............................... TOTAL HARDCOVER I IMPERVIOUS SURFACE .................................................. UNDER/OVER(indicate difference) ................................................................... • PREPARED BY Revised 08/06/03 -2301- DATE fvCR1rrn.r+ir,:v. vv.%v —. ROBIN L. SHAUGHNESSY IN LOTS 5, 7 AND 8, BLOCK 35, WYCHWOOD HENNEPIN COUNTY, MINNESOTA Q 0 LEGAL DECRIPTION OF PREMISES: That part of Lot 5 described es_follows III NE CDR �' OF LOT 5 m Commencing at a point on the Westerly One of said lot a distance of 48 feet Southerly from the Northwest comer of said WLYUNE lot; thence Southerly along the Westerly line of said Lot a•distance of 38 feet thence Easterly to a point on the sea" W z= Lu _ sTCSLM sEwER i E 100.00 :'' OF LOT 5 Lot a distance of 38 feet thence Westerly to a point on the Westerly line of said Lot, 48 feet Southerly from the Past a _.....• NO. 7eSJppp•.,.t.._..... IXI '�... ELY UNI i I The South 10 feet of Lot 7: and A,4 GE Cc OFLan YY v1 : EJa877NG HOUSE ��\° Q �1 °3322"W �q This survey shows the boundaries of the above described property, and the location of an .. ........................47t:._. ............ z1 e i4T...... �ro v co M. improvements or encroachments. $� 3 s 9 t _o Lv EXISTING GARAGE ✓ o ;r � 41 (q _ S 89 °045" E 100.00 HOUSE at 2U4. °EXISNG 10 g n .j mac: �S89°20 "134.8 m # Gs V P. b .. qe as � GARAGED SALE 1 "�20� 10 • • 09.090 -2302- FV%&W i. I LEGAL DECRIPTION OF PREMISES: That part of Lot 5 described es_follows III Commencing at a point on the Westerly One of said lot a distance of 48 feet Southerly from the Northwest comer of said lot; thence Southerly along the Westerly line of said Lot a•distance of 38 feet thence Easterly to a point on the sea" line of said Lot 70 feet Southerly from the Northeast comer of said Lot thence Northerly along the Easterly line of said Lot a distance of 38 feet thence Westerly to a point on the Westerly line of said Lot, 48 feet Southerly from the Northwest corner of said lot which was the point of beginning except the Westerly 10 feet thereof, The South 10 feet of Lot 7: and Lot 8, Block 35, "Wychwood". This survey shows the boundaries of the above described property, and the location of an e)isting'house and deck and garages thereon. It does not purport to show any other improvements or encroachments. • iron marker found o Iron marker set Bearings shown are based upon an assumed datum Gs V P. b SALE 1 "�20� DESO" REVISION DATE DESCRIPTION GRONBERG & ASSOCIATES, INC I HERESY CERTIFY THAT THIS PLAN, SPECIFlCATON, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CONSULTING ENGINEERS, LAND SURVEYOR THAT I AMA DULY LICENSED PROFESSIONAL ENOINEERAND DATE ORnwN SITE PLANNERS 0 SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. 5-16E pr 445 N. WILLOW DR. LONG LAKE, MN. 55855 JOB NO. CHECKED 952 -4734141 GATE ✓''/l-09 MNUCENSENIANeE IZ7& 09-095 09.090 -2302- FV%&W i. I • CERTIFICATE OF SURVEY FOR ROBIN L. SHAUGHNESSY IN LOTS 5, 7 AND 8, BLOCK 35, WYCHWOOD HENNEPIN CO; UNTY, MINNESOTA 16 R z Im I-- 0 z 0 0 Evo 3v°/* tZ LaSS, AN 19' kiEOVE LU se rj HOUSE 4mi EXISTING HOUSE s 8$'W45r E 100-00 . 9 10 EDIISTING GARAGE LEGAL DECRIPTION OF PREMISES: 3ed as follows to-wit dd lot I ftwm of 48 feet SQUIhstlY fM- I- N-#--a the ea of said a on That part of Lot 5 Carnrnendn8 � a long the Weatedy line of saki Lot a distaroe of �eetfeet therrce �� � 5na of said Una Wince Hkrtltwest corner of said lot whkh wee the point of bagmning e> � Wesf�N t0 teat lheroaF, The South 10 feet of Lot 7; end Lot 8, Block 36, "WYchw0Qd"- shows ft boundaries of the ObOYS C16SCrIbad ProPa`t�' and the location of an This surveY Z=,�d "965 Manon. it does not Wrport�D show any od1w etdsOng house rb • iron marker found 0 iron marker SM Bearings shown are based upon an assumed dalum 4j �s THS PLAK —oar INC MSPREPARS) SYME OR—WyWWr AND • REvL%N DATE DESCRP70N GRONSERG & TKkT,AMAMLyUcERMPROFEBOIO"ALE"MNEOtANO DATE CONSULTING ENGINEERS, LAND SURVEYOR ,,myoR uNm " LuNm OF Tm WrMATE OF am mANWjtS p r 445 N, VIALLOW DR. LONG LAKE, MN. 55358 NUMBER 09490 9624 Muca"se"M DECKED 09-090 fly -2303- ilk HE 6OR J' OF LOT 5 WLYLINE OF LOT 5 EXISTING 19'--eLyUNE �E)GSTING GARAGE OF LOT 6 10 �i EXISTING 7- Z 10 !a EDIISTING GARAGE LEGAL DECRIPTION OF PREMISES: 3ed as follows to-wit dd lot I ftwm of 48 feet SQUIhstlY fM- I- N-#--a the ea of said a on That part of Lot 5 Carnrnendn8 � a long the Weatedy line of saki Lot a distaroe of �eetfeet therrce �� � 5na of said Una Wince Hkrtltwest corner of said lot whkh wee the point of bagmning e> � Wesf�N t0 teat lheroaF, The South 10 feet of Lot 7; end Lot 8, Block 36, "WYchw0Qd"- shows ft boundaries of the ObOYS C16SCrIbad ProPa`t�' and the location of an This surveY Z=,�d "965 Manon. it does not Wrport�D show any od1w etdsOng house rb • iron marker found 0 iron marker SM Bearings shown are based upon an assumed dalum 4j �s THS PLAK —oar INC MSPREPARS) SYME OR—WyWWr AND • REvL%N DATE DESCRP70N GRONSERG & TKkT,AMAMLyUcERMPROFEBOIO"ALE"MNEOtANO DATE CONSULTING ENGINEERS, LAND SURVEYOR ,,myoR uNm " LuNm OF Tm WrMATE OF am mANWjtS p r 445 N, VIALLOW DR. LONG LAKE, MN. 55358 NUMBER 09490 9624 Muca"se"M DECKED 09-090 fly -2303- ilk GOOKS BAY LAKE MINNETONKA _+ 929.4 CONTOUR LINE :-4 BRicH7-o i M .S k9fia00 0.7 COMMON r-- --,. c 1 03601S, rn rn ) X 1 X 4.0 O co G) N� co R O O mo 4.0 m I x co y.. N 16.4 w cn 'p io.o' • X w ti 00 � o ju 0 cr -2304- z —. a, :k /� o 0 i nZ �4 i ids; trn 0 r C)C N Z .m O C .0aci� • Date: Provided Dimenaiorn are approximate and shall be verified with a ca'tificate of —ey. —a lo. 08/ 05/ 09 1' O' - 10, O' Contractor: Home Owner HARTS DESIGN LLC Timber Creek Construction Robin Shaughnessy ResR @modeling Design `� 16785 Cnt Rd 53 2911 Cambridge Ln Mound, MN (982) 828 - 9906 Cologne, MN 55322 18332 Coneflower Ln Eden Prairie, MN 55346 -2305- " w w � Ul u� a6pi�gwqo p ll6Z z�S P� }u 'au6o�o� W N Xssauy6noyS uigo� uoi ana .2 o 9BL9L Fs,-7 uei$ ®o Bu /laPowaa _ } } �aaJo aagtulI awoH .a la lo/iu®ploob aauMp auao� :ao }ooa}uo� Kf) SM SatltV�j o ., � o dd > III s'I If i M�R=L w Y Y u ui In °I PC 0 I of I -2306- i O 4,lu 3F o� 65 LO u� q b5 rd `o LF b5 Q L Y O O O ; L X u m a 99 I M�R=L w Y Y u ui In °I PC 0 I of I -2306- i O 4,lu 3F o� 65 LO u� q b5 rd `o LF b5 Q L Y O O O ; L X u m a 99 41, "'tt" iN - AW,- "ANk 4W v,lWV �Z& Nr 00 -et gm A" i s J. 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Ir dA L ` �- ra•�'` 'S•e� ,�4q � 'fir". ` ;# t rK� , t � � >k.. y <�� . �`^ ®d � / ^ ��,a � ��) }\ ¥m � \� \\ ,w� x. y � . � ... \�� � _. .: � \ <\ �� / � . \® - / ��� r w . � � /�... � : } ; / .:� . : . ..v. :� . � � . � � . � \� y � � z� � � : ^�° \ »� ..: . . � � ./ p � � \ «� � � � �° } :/ � � w a u� AL x �9 rr 7y��� -��,,,^.m� 4rb514ry 'vf.`Sia3" r:.. , e 0-1T :• +% a qZ t �� a i 1 a'd {? �"' # ....• t ""y�r .. err ." <A e� , e i' � �'i <i?, i � 1 • !! 9t x a i i t � , � d � m w t b rs n i v 4 010002 �r'..k mss, ""�`TM` r, f y3 r .,:.c • vas � � >:�' r., r ,t* :. � s^ �,���7 '4 �n it i � a ,: 5, .� • y, �, z� p�,� �, r,+ .. d ✓ ��.'" � a � ¢ �- xqx +anw z. s. ���d �• °< 1 /"r,�,cz Y•x a� 1y, t ; a `� � r..k �� z �,Y.ww `-t' � 4y� ��4� �� }� �„�� G"hx i�} qj. k�'� , Yz� - g MEMORANDUM TO: Planning Commission, Honorable Mayor and City Council FROM: Jim Fackler, Park Superintendent DATE: October 16, 2009 RE: 2911 Cambridge Lane — Public Lands Permit Application A Public Lands Permit application for construction of a lakeside deck/stairs at 2911 Cambridge Lane that extends into Wychwood Commons was on the agenda to be discussed at the Docks and Commons Commission meeting on Thursday, October 15, • 2009. The Docks and Commons Commission meeting did not have a quorum and therefore could not make a recommendation. It was unexpected that a quorum was not present, as prior to the Commission meeting, attendance responses from the commissioners indicated we had a quorum. Park Superintendent Jim Fackler recommends the application go directly the Planning Commission and City Council without the Docks and Commons Commission recommendation. C, -2312- Executive Summary • Hoisington Koegler Group Inc. ®® TO: Mound City Council, Planning Commission and Staff FROM: Jeff Miller, Consulting City Planner / Sarah Smith, CDD DATE: October 22, 2009 SUBJECT: PC Case 09 -15, 2128 Centerview Lane, Front Setback Variance for House Addition The Planning Commission reviewed this case at their October 20th meeting and recommended denial, by a 6 to 2 vote, of the request for a front yard setback variance to build a small bumpout addition to an existing non - conforming house. The findings of fact for the denial are contained in the 10/20/09 Planning Commission meeting minute excerpts (draft) which have been included as an attachment. Staff had recommended approval of the requested variance based on the following findings of fact: 1. The criteria for granting a variance as established in City Code Section 350.530 are being met. • 2. The proposal would not increase the current level of front yard setback non - conformity for the existing house as the bumpout addition would be located 24.8 ft from the front property line. • 3. The bumpout addition is in the same location as the existing stoop /entry and is proposed in its current location to accommodate the layout of the existing house and to serve as a connection between the attached garage and house. To construct a conforming addition would affect the entry to the home and reduce the mudroom /laundry areas which would affect usability of the house. New Information. • It should be noted that since the Planning Commission meeting, the applicants have brought to the attention of City Staff in an email dated October 22, 2009 (attached), a relevant water drainage issue in the construction of the existing front stoop. The existing front stoop was built and graded incorrectly causing a flow of water into the basement furnace room each time it rains. This hardship would be fixed by the proposed footing and drain tile put in if the front stoop is replaced with a front entry. The option of re- grading the front yard is made difficult by the high base and roots of an over 100 year old oak tree the applicants are eager to preserve. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -2313- The applicants have also advised that the existing house does not have an entry on the frontage facing Centerview Lane and the Pike Road side of the house actually functions as the front of the house • Council members are advised that per Code, the west side abutting Centerview Lane is deemed to be the "front" which requires a 30 -FT setback. In residential districts, street frontages created by the existence of alleys, such alleys having a total width not exceeding 15 feet, shall be considered side or rear yards, as appropriate, and subject to applicable district setbacks. Pike Road is 12 FT in width and while paved, is depicted as an alley on the original plat. Before the City Council begins its deliberations on the variance request, there is a provision of the City Code that Staff has reviewed and discussed following the 10/20 Planning Commission meeting which reads as follows: City Code Chapter 350.440, Subd. 6. Where adjoining structures existing on the effective date of this Ordinance have a shorter setback from that required, the front setback of a new structure shall conform to the average of the setback observed by the adjoining houses on either side, but not closer than twenty (20) feet. Staffs review of this section, is that it does not apply as it is intended for a new • structure for construction on a vacant or redeveloped lot altogether and does not extend to building additions /modifications. Further, it does not apply to the subject property because there are not adjoining houses on either side as there is only one (1) abutting house located on the south side at 2138 Centerview Lane which therefore does not allow for "averaging ". Based on review of aerial and survey information from the City's property files, it appears the adjacent house is approximately 16 FT from the front lot line. Lastly, during the City's review of the 2005 variance for the 2nd story modifications, the required setback was determined to be 30 FT as opposed to a minimum of 20 FT. This provision, however, could be a relevant finding in the event the City Council determined that a variance was needed. Members are advised that this provision was not discussed by the Planning Commission as part of the variance review at its 10/20 special meeting. If the City Council interprets this provision to pertain to the subject property, a variance would not be necessary however a Board of Adjustment and Appeals and a determination from the City Council may be required, which by the City Code, involves review and input from the Planning Commission. Staff will further comment on this matter as part of the meeting. • 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -2314- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION OCTOBER 209 2009 CASE NO. 09-15 FRONT SETBACK VARIANCE FOR ADDITION 2128 CENTERVIEW LANE REX & NANCY LINDGREN Miller introduced the variance request. The current detached garage is being relocated north to attach to the house. An addition on the north side of the garage is conforming; however, the entryway on the west side of the addition is not the required 30 feet from the front lot line. The, building permit for the garage relocation and addition has been issued without the entryway pending approval of the variance. Staff recommends approval subject to the conditions listed in the Planning Report. • MOTION denied. Voting for: ywell and Ward. Voting against: Glister, Skinner, Paulsen, Michael, Stevens, and Burma. Findings of Fact: Expansion of non - conformance. No hardship was demonstrated. - 2315 - 5341 Maywood Road Mound, MN 55364 (952) 472 -0604 PLANNING REPORT TO: Planning. Commission City of Mound Planning and Building Department FROM: Sarah Smith, Community Development Director DATE: October 15, 2009 SUBJECT: Variance — front setback for bumpout/addition OWNER: Nancy and Rex Lindgren PLANNING CASE NUMBER: 09 -15 LOCATION: 2128 Centerview Lane ZONING: R -1 Single Family Residential REQUEST: The Planning Commission will review a variance application from Rex and Nancy Lindgren, owners of the property at 2128 Centerview Lane, to allow a front setback of 24.8 FT for a building bumpout/addition which is proposed as part of a construction project currently underway for a new foundation to attach and relocate the existing garage to the house as well as a 2 -story addition on the east side. BACKGROUND /SITE CONDITIONS The subject property includes a single - family home which fronts Centerview Lane on the west side, Water Bank,Common on the north side (which abuts Lake Minnetonka) and Pike Road (alley) on the south side. The existing house has a non - conforming front setback and was granted variance approval in March 2005 for a remodel project including second story improvements. Copy of Resolution No. 05 -41 attached. The remodel /addition project took place in April 2005 and the Certificate of Occupancy was issued in August 2006. Additionally, a building permit for a detached garage was issued in July 2005. According to the applicant, there are issues with the foundation of the detached garage therefore a new foundation is being constructed in a location a few feet north of its current location and will be attached to the existing house along with a building addition on the east side of the house and bumpout on the south side of the house for which variance approval is being requested. • -2316- • REVIEW PROCEDURE Variance. City Code Section 350:530 Subd. 1 outlines the criteria for granting variances in the City of Mound. The excerpts are provided below: Subd. 1. Criteria for Granting Variances. A variance to the provisions of the Zoning Ordinance 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. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist: A. Exceptional or extraordinary circumstances apply to the property which 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 ordinance have no control. B. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. C. That the special conditions or circumstances do not result from the actions of the applicant. D. That 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 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. TIMELINE FOR AGENCY ACTION State Statute requires approval and /or denial of land use applications within 60 days unless the City executes an extension. The variance application was submitted and deemed to be complete on or around October 13, 2009. CITY DEPARTMENT REVIEW Copies of the supporting materials were provided to all applicable City for review • and comment. -2317- DISCUSSION: • • A building permit for proposed addition(s) to the house including a new foundation to provide for an attached garage which is being relocated from its current location and shifted north and an addition (including stair /deck landing) on the east side was issued on October 14, 2009 as the improvements were deemed conforming. However, the "bumpout" portion of the project that was originally included with the building permit application was excluded from the building permit issued as it did not meet the required 30 -FT setback as it is proposed at 24.8 FT from the front lot line abutting Centerview Lane. This procedure was reviewed and deemed acceptable by the Building Official and City Attorney. As previously stated, a variance was issued for remodel /second story improvements in 2005 which included a survey which depicted the OHW near the north lot line. A new survey was submitted by the applicant which shows the 929.4 OHW further north which, based on Staff review, has been deemed to be accurate and further determined that the 2005 OHW was incorrectly shown. • The proposed drainage plan for the project was reviewed and deemed acceptable by Planning and Engineering Technician Ray Hanson. • A stoop / entry is currently located in the subject location where the • proposed bumpout is located. • Steps are allowable encroachments in setback area(s) as long as they are located within 2 feet from lot line(s). • Hardcover is within the 40 percent allowance. Staffs review of the hardcover based on the submitted survey dated October 14, 2009 is as follows: Lot Size (as provided by Advance Surveying on 10/14) 12,668 SF 40 percent allowance 5067 SF Proposed House /addition 1957 SF Walls /walk (east side) 98 SF Driveway 590 SF Decks 370 SF (See note below) Stair 0 SF (See note below) Rock wall (west) 60 SF Total 3075 SF • -2318- Notes: 1. Deck SF will not count if 1/4 openings are included and deck is uncovered or does not include concrete or landscaping plastic located underneath. 2. Staff assumes the "concrete" pad near the lake is being.removed. 3. No adjustment for use of approved pervious paver product included. 4. Per survey, driveway in vicinity of Centerview / Pike Road (alley) "driveway" is being removed. 5. Hardcover calculation may vary ( + / -) in the event there are appurtances in the field which were not included in the new survey. Staff is of the opinion that this is not an issue on the basis that the calculations undertaken show an available allowance of approximately 1992 SF. • The proposal will not increase the current level of front yard nonconformity. SITE INSPECTION Planning Commission members are encouraged to visit the site prior to the meeting. RECOMMENDATION Staff recommends Planning Commission approval of the variance application • based on the following findings of fact: • 1. The criteria included City Code Section 350.530, Subd.1 are being met. 2. The proposal will not increase the current level of front yard nonconformity for the existing house as the bumpout/addition will be located 24.8 FT from the front property line. 3. The bumpout/addition is in the same location as the existing stoop /entry and is proposed in its current Location to accommodate the layout of the existing house and to serve as a connection between the attached garage and house. To construct a conforming addition would affect the entry to the home and reduce the mudroom /laundry areas which affects usability. Staff's recommendation for approval of the variance is made subject to the following conditions: a. No future approval of any development plans and /or building permits is included as part of this action in the event the variance application is approved. b. Applicant shall submit all required information upon submittal of the building permit application. 4 -2319- C. Applicant shall be responsible for procurement of any and /or all permits. • d. Applicant shall be responsible for procurement of any and/or all public agency permits including the submittal of all required information prior to building permit issuance. e. The applicant shall be responsible for recording the resolution(s) with Hennepin County. The applicant is advised that the resolution(s) will not be released for recording until all conditions have been met. f. If approved, the applicant shall provide evidence of recording of the resolution to the City. CITY COUNCIL REVIEW Variance applications require approval by the City Council. If a recommendation is received from the Planning Commission, a possible date for City Council review is Tuesday, October 27, 2009. • r� -2320- 5341 Maywood Road{,, Mound, MN 5 32 Phone 952 -4T2 -0600 FAX 952 -472 62„ OCT 13 2999 ITY OF VARIANCE ,PPLICATION RECEIVE j d2e J lOCT 13 2009 CITY OF MOUND Application Fee and Escrow Deposit required at time of application. Planning Commission Date Case No. City Council Date Please type or print legibly SUBJECT Address.- PROPERTY ] T Lot ( G"' d Block LEGAL )) ,,,, DESC. dA �e -' 'd e-` Doti Subdivisio -^� ,► PID # , ! /100? zoning: R1 R1A R2 R3 B1 82 B3 (cirde one) PROPERTY Name R-eX + NcLn Sd L.l rid �r6n Email lo WNER Mo uk1� !nnl 5s3�y Address "l. !d8 GPI) fE' 1/i P_c.cJ �,CU't 2 Phone Home (1010PPrW Workgi� Fax APPLICANT Name Email (IF OTHER Address THAN OWNER) I Phone Home Work Fax Has an application ever be made for zoning, variance, conditional use permit, or other zoning procedure for this property? Yes ( ( ). if yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions.. .aLooy -a006 when home- ?. Detailed description of proposed I• Variance Information (1/612009) Page 4 of 6 urlf a cQ nuffijnm /he. of, iction or Iteratio (V'z®unbe of stories, type of C-- av -2321- fy�p Y-0 r04, etc.): `,%`QED Case No.l OCT 13 2009 CITY OF MOUND 3. Do the existing structures comply with all area eight, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No (N,.f If no, specify each non - conforming use (describe reason for variance request, i.e. setback, lot area, etc.): \A 110 A„ t SETBACKS: REQUIRED REQUESTED VARIANCE (or existing) Front Yard: N S W ( ) `r ft. 25 ft• 5 ft Side Yard: (N S E W) ft. ft, ft Side Yard: (N S E W) ft. ft. �, ft. Rear Yard: (N S E W) ft. ft, ft Lakeside: (N S E W) ft. ft. ft (NSEW) Street Frontage: Lot Size: sq ft sq ft sq ft Hardcover: A . sq ft , , :. aq ft, s ft q 4. Does the present of the property ' conform to all regulations for the zoning district in which it is located? Yes (14, No ( :). If no, specify each non - conforming use: 5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? Moo narrow O topography ( ) soil ( ) too small ( ) drainage existing situation ) too shallow ( ) shape ( )other.- specify Please describe: 5 0.5' fram ri�a�. /V`e, - I;VA1 e fI Variance Information (1/6/2009) Page .5 of 6 -2322- i •I Case No. • 6. Was the hardship described above created by the action of an �If having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ( yo yes, explain: 7. Was the hardshiptcreated by any other man -made change, such as the relocation of a road? Yes( ),No( vf If yes, explain: 7 �r,,� e, Y AUM PIM 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ( ), No (X). If no, list some other properties which are similarly affected? '(h e re� r per n � Ce b . b " ate- c,I�a�er� fan '30 ' e r10 a: d . F] fE vn4 s-%e ps a.n ct e-,ncA o ver 1h2 W& On ► B a r s be5llns n Cie rt Ic r vi +e) R d (,J e-. hope. 4c b e ab le- 4 to la r-e- -M,e. oee-n dhW s i>7 fcr 1ror room_- su c al /-5-7e OW no' w& f 40 mouf OVI PA-r- i- o � 1ne )0 C,4Oj-e:f- 11)o /57e r ©a d or Lie an d .F, w o. An ham to remodf I M Q re c_� e1h&,, I certify that all 6f t above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signat 46 plicant's Sig Variance Information (1/6/2009) Page 6 of 6 -2323- Date Date 16-115-07 THIS PAGE IS INTENTIONALLY LEFT BLANK 01 -2324- A 53{ St Sl 1 N W N DVANCE SURVEYING & ENGINEERING CO. Do S. Hwy. No. 101 Minnetonka, MN 55345 Phone (612) 474 7964 Fax (952) 401 1375 IRVEY FOR: REX LINDGREN 2009 JRVEYED. September, 2009 DRAFTED: September 30, SVISED: c0 tober 12, 2009 to show topography and grading and drainage proposals. EVISED: October 13, 2009 to show OHW across neighboring property and setbacks. --SED. October 14, 2009 to show front setback dimension to entry. EGAL DESCRIPTION: in County, Minnesota ots 1 az'�,d 2, Block 7, Abraham Lincoln Addition to Lakeside Park, Hennepin OPE OF WORK: Showing the length and direction of boundary l�what you own, awn, wh�h sea legal matter. ,ope of our sery ices does not include determining lease check the legal description with your records non matters of record, such as easements, that 'necessary, to make sure that it is correct, and that y ou wish shown on the survey, have been shown. Showing the location of existing improvements we deemed important. Setting new monuments or verifying old monuments to mark the corners a the property. a. While we show proposed improvements to your property, we are not as familiar with Your clans as you are nor are we as familiar with the re are firm that the p oposals are what you ;mployees are. We suggest that you review the survey nand and submit the survey to such governmental agencies as may have jurisdiction oVer your project to gain their approvals if you can. >. Showing elevations on the site at only locations tlae benchmark provided onhthis survey. U �t �f the site. The elevations shown y other benchmark and check at least one other feature shown on the map when determining elevations for use on this site. STANDARD SYMBOLS & CONVENTIONS: +'o" Denotes 1 /2" ID pipe with plastic plug bearing State License Number 92359 set, unless otherwise noted. c•FRT.IFICA1rLQ1�It this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. am H. Parker P.E. & F.S. No. 9235 LEGEND -- - -832 -- -- EXISTING CONTOUR LINE PROPOSED CONTOUR LINE 949.4 --- - PROPOSED SPOT ELEVATION PROPOSED DIRECTION OF STORM y WATER FLOW PROPOSED SILT FENCE �-�--- SF G • N W Y WHIC SCALE �9 � D 10 20 40 /44,1 Jo IN F s�Y ^ ^• ��d�'� 3S� J 9 �.o ` S TOP OF 950.3 LEV.ffi 850.3 JMMojjS DRIVEWAY TO BE LOVED AND PROPERLY POSED OF OFF SITE. -" kp \� 14 Qo J � J N W N CJ7 \ S1S 61 N ej cp) �S PROPOSED ELEVATIONS: NEW GARAGE FLOOR 949.74 �Q STORAGE (LOW) FLOOR . 94031 93g a TOP FOUNDATION 950.24 QY h ti ~TOP PROPOSED A' a RETAuaNG WALL SHALL MATCH 7 EMSTING LOT LINE GRADE z „ UP J .P #6: N©, WWI • • -2327- z Ts LU lu Cl m 1 LI H.cT 7F O O O y. O ill za -2327- m E 0 o o Z. �x gym 4 C d . u i II =11 =1 I•lI�1 i i n =n n u irn= - n= ni= n =n =ai= m =Ti =n W C 0 n °o &LL'PF�?�F sF coSS s s I I V I �� riffs C:Z��Y E n to I I - ------- ------------ ,. 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As such officer, I have the legal custody of the original record from which the attached and forgoing extract was transcribed. 2. 1 have carefully compared said extract with said original record. 3. 1 find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the City Council of said City held on the date indicted in said extract, including any resolution adopted at such meeting, insofar as they relate to: RESOLUTION NO. 05-41 RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE FOR SECOND STORY IMPROVEMENTS TO THE RESIDENCE LOCATED AT 2128 CENTERVIEW LANE, LOTS 1 AND 2, BLOCK 7, "ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK" MOUND, MINNESOTA. PID #13- 117 -24 -31 -0074, P &Z CASE #05 -03 Said meeting was duly held, pursuant to call and notice thereof as required by law on the 22 "d day of March, 2005. WITNESS my hand officially as such Clerk, and the seal of said City, this 28th day of March, 2005. -2335- Bonnie Ritter, City Clerk • CITY OF MOUND RESOLUTION # 05-41 A RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE FOR SECOND STORY IMPROVEMENTS TO THE RESIDENCE LOCATED AT 2128 CENTERVIEW LANE, LOTS 1 AND 2, BLOCK 7, "ABRAHAM LINCOLN ADDITION TO LAKESIDE. PARK" MOUND, MINNESOTA PID #13- 117 -24 -31 -0074 P & Z CASE #05 -03 WHEREAS, the applicant, Jim and Judy Hatchett, have submitted an application fora front yard variance to construct a second story addition to the existing house at 2128 Centerview Lane. The associated variances identified are as follows: Proposed Required Variance Front yard 14 feet 4 in. 30 feet 15 feet 8 in. ; and WHEREAS, the property is located within an R -1 Single Family Residential Zoning District which, according to City Code, requires a minimum of 10,000 square feet of lot area, 60 feet of street frontage, a 30 feet front yard setback, 50 feet ordinary high water mark setback, 15 feet rear yard setback and 6 feet side yards for lots of record; and WHEREAS, other property improvements include sheds, one of which is lakeside shed that has a nonconforming lakeside setback. The application indicates it would be removed with the project; and WHEREAS, the applicant proposes to update the home by removing the 2nd story and rebuilding it within the current setbacks. The Centerview Lane setback is a nonconforming setback at 14 feet 4 inches. The plans indicate a two level deck would be constructed with a 14 feet 7 inch front yard setback and a conforming 50 feet lakeside setback; and LJ -2336- U� • Resolution No. 05-41 WHEREAS, the proposed 2nd story improvements will not increase the current level of front yard nonconformity; and WHEREAS, the Planning Commission has reviewed the request and unanimously recommended that the Council approve the front yard variance as requested by the applicant. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby approve the front yard variance request with the following conditions: a. The City Engineer review grading and drainage issues at the time of building permit. b. The applicant shall be responsible for the payment of all costs ` associated with the variance request. c. The applicant shall be responsible for all necessary building permits. 2. The City Council adopts the following findings in support of the front yard setback variance: a. The proposed improvements maintain the existing setbacks. b. The proposed improvements will not increase the amount of structure bulk already present. c. The proposed improvements are a reasonable use and enjoyment of the property. 3. This variance is approved for the following legally described property as stated in the Hennepin County Property Information System: LOTS 1 AND 2, BLOCK 7, "ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK" 4. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to M.S.S. 462.36, Subd. 1. This shall be considered a restriction on how this property may be used. 5. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying for all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. • 2 -2337- Resolution No. 05-41 • 6. The variance is valid for one (1) year following its approval unless an extension is approved by the City Council pursuant to the City Code 350:530, Subd. 2 (E). Adopted by the City Council this 22nd day of March, 2005. /s/ Bonnie Ritter Attest: Bonnie Ritter, City Clerk /s/ Pat Meisel Pat Meisel, Mayor -2338- 3 • • • UFiIln� to CeMl /Cate 0 5 I* 9 Doc No 8560690 04/11/2005 12:16 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 106263 -2339- Deputy 20 Fees $15.00 DOC $4.50 SUR $1.00 COPY $20.50 Total THIS PAGE IS INTENTIONALLY LEFT BLANK -2340- • 0 1 / O. O CONCRETE C R� /AND G UTTER- �-� 4 REMOVE' CONCRETE PROPOSED DECK 'yPAVER �+ REMOVE PORCH RETAI / WALL ROVE COJ CRETE STEPS ILL IN ,RETAINING WALL Ay 9 � CONCRETE 9rs sfoo -y PAVER &.RETAINING — WALL V OK 936.76 M TAININ — ( "' ALLS 9o.87 9.t 40. a\` 9 .58 .1E 949. 4 PORCH— 2 x 1W53 94 7 x949.70 - Io91 ffe .bfl=r CONCRETE- 948.0 �e��EXiSTING HOUSE 9481 2128" CENTERVIEW LA s�4. �• MOUND, MN 55364.E . 9 .� 235 %\ \ STOOP / 949.70 ISED / BI INpus 4$ x BITUMINOUS — \ `� 947.42 ' a 46.5 \ U% \ 946.181 35 PAGE OJECT NO SHEET 2005 -01 ✓ISIONS N W � 947.84 12 ONCRETE_ •O STEPS �1 .955.65 \ 946 94831 66 &67 . 30 (929.30 II 1 ►I I SHORELINE VIA 92869. ELEV. = 927.8 ,k 1 -17 -05 93379 x 930.46 x` 1 ylk 13262 \ 929.68 ORDINAR IGH WATER 1 \ / 929.4 CON R YkN W \ W a I! x.\gja63 a� I l x 92913 52 /9� �� -- CHANGE IN VEGETATION l 93204 Ay 929. 1 x 929.07 �TIMBE STEP 1 • }62.6 , r23 TIMBER RETAINING WALLS s � _ 930.50 929.55 SHED W N 1 � S� 94209 3, / x 9437► REMO BITUMIN�us 94296 I / I REMOVE SHED II ¢�rRE7MQVE CONCRETE a°p� —CHAIN LINK FENCE v --WIRE FENCE CK� TIMBER RETAIN WALLS ING *4-51 88 —CMU RETAINING WALL 936.27 EXISTING HOUSE 2137 ASHLAND LA MOUND, MN 55364 aoas PROPOSED HARDCOVER .HOUSE 82 PROPOSED GARAGE 78 SHED 12 PROPOSED DECK 35 BI rj, AwQus 92 CONCRETE 44 PAVERS 44 CMU RET. WALLS 43 TR BER RFT. WALLS i l . PAVER RET. WAT"T"S 30 TOTAL 3,2 PARCEL AREA LYING AB( % OF PARCEL LYING ABO 3,276 SQ. FT. / 11445 SQ.FT. EXISTING HARDCOVER Cj HOUSE 823 PORCH 105 SHEDS 171 BITLIAMOUS 1,48 CONCRETE 470 PAVERS 44S CMU RET. WALLS 43S THVIBER RET. WALLS 111 PAVER RET. WALLS 26S TOTAL 3,19. PARCEL AREA LYING ABU % OF PARCEL LYING ABOV HARDCOVERED = 3,193 SQ. CERTIFICATE OF SURVEY JIM &JUDY HATCHFTT lie Executive Summary Hoisington Koegler Group Inc. ®® TO: Mound City Council, Planning Commission and Staff FROM: Jeff Miller, Consulting City Planner DATE: October 22, 2009 SUBJECT: PC Case #09 -12, 4969 Island View Drive, Lakeshore Setback Variance to Add Deck The Planning Commission reviewed this case at their October 20"` meeting where a motion for approval of the Lakeshore setback variance to add an upper floor deck was made, and seconded, but failed to garner a majority vote. The vote was split 4 -4. The findings of fact for the denial are contained in the 10/20/09 Planning Commission meeting minute excerpts (draft) which have been included as an attachment. Staff had recommended approval of the requested variance based on the following findings of fact: The criteria for granting a variance as established in City Code Section 350.530 are being met. 2. The lot has shoreline frontage on two sides that are subject to the 50 ft minimum shoreline setback (rear and west sides), which substantially reduces the buildable area of the lot. The presence of 50 ft lakeshore setbacks on two sides of the lot does not apply generally to other lots in the vicinity of this lot. 3. The lakeshore frontage on the west side of the lot (lagoon) is currently screened by vegetation on the lagoon's shoreland, which is directly adjacent to the subject lot. 4. The proposed deck, which will have an open deck design, will not result in any change to the existing hardcover on the lot. 5. The deck is not encroaching within the 25 ft minimum setback of the shore impact zone, which is 50 percent of the lakeshore structure setback (50 ft). 6. The width of the majority of the deck, as proposed, is relatively narrow as a typical minimum width for useable outdoor space is generally around 12 feet. 7. The applicant was not the builder of the house. It should be noted that at the Planning Commission meeting the applicant explained the design of the proposed deck. Due to the placement and type of window openings on the south and west 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -2342- house walls, the only practical entry to the proposed deck would be at the southeast rear corner of • the house. The deck is designed to have minimal width for movement on the south (rear) side and west side to provide access to the useable deck space at the southwest corner of the house. This corner deck space is the only area that would practically provide adequate space for a table and chairs. The interior design of the house does not make it practical to have the entry to the deck at the southwest corner of the house, e.g. a fireplace is located here. It should also be noted that modification of the existing at -grade patio to achieve conformance with the maximum hardcover allowed on the lot is not part of the requested variance and is to be addressed as a separate matter by the applicant in cooperation with Staff. It is the applicant's intent to modify the existing at -grade patio to reduce the lot's existing hardcover of 31.7% down to the required 30% either by downsizing the patio or providing proof of construction that meets the City's requirements for pervious pavers. It is also the applicant's intent to reduce the area of the existing at -grade patio (282 sq ft) to meet the criteria of a water - oriented accessory structure, which must not be greater than 250 sq ft. 401 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax(612)338 -6838 -2343- • MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION CASE #09 -12 LAKESHORE SETBACK VARIANCE FOR DECK 4969 ISLAND VIEW DRIVE KEN NASH Miller introduced the variance request. Existing house has shoreline frontage on two sides; lagoon on the west and open lake on the south. Existing patio wraps around the south side of the house and a portion of the west side. Proposed deck is located at 41.8 feet from the OHW on the south and 46.2 feet on the west and is planned for the second story. A modified patio is expected to remain. Staff recommends approval of the variance request subject to the conditions outlined in the Planning Report. • Michael says there is a patio that overlooks the lake and lagoon; builder didn't allow for a deck. MOTION carried. Voting for: Ward, Stevens, Glister, and Paulsen. Voting against: Burma, Michael, Claywell, and Skinner. Miller added that there are other lots that have 2 shoreline setbacks, but our analysis said that it was somewhat rare. This lot is also a minimum size lot. -2344- 5341 Maywood Road Mound, MN 55364 (952) 472 -0604 PLANNING REPORT TO: Mound Council, Planning Commission and Staff FROM: Jeff Miller, Staff Planning Consultant DATE: October 15, 2009 MEETING DATE: October 20, 2009 REQUEST: Variance from Lakeshore Setback — Addition of Upper Floor Deck OWNER/APPLICANT: Kenneth Nash PLANNING CASE NUMBER: 09 -12 HKGi FILE NUMBER: 09 -05 LOCATION: 4969 Island View Drive P I D : 25- 117 -24 -12 -0247 ZONING: Single Family Residential (R -1A) District COMPREHENSIVE PLAN: Low Density Residential BACKGROUND Owner Kenneth Nash has submitted an application requesting approval of a variance to allow the addition of a new deck to his home located at 4969 Island View Drive. This lot, which currently contains a single - family house, has shoreline frontage on Lake Minnetonka along its south (rear) lot line and a lagoon on its west (side) lot line. The City's Shoreland Management Zoning Ordinance (Section 350.1225 Subd 3.A.1) requires that all structures have a minimum shoreland setback of 50 ft. from the Ordinary High Water Level (OHWL), which is defined as 929.4 ft for Lake Minnetonka. The applicant has submitted an updated lot survey, which is dated October 14, 2009, that shows the existing house, an existing at -grade stone patio, and a proposed upper floor deck above the patio. The proposed deck would be located, at its closest point to the shoreline, 41.8 ft from the OHWL, which requires approval of a variance from the required 50 ft. setback from the OHWL. PROJECT OVERVIEW A new house was constructed in 2007 -2008 on the subject lot after approval of a 2 -lot minor subdivision in 2005. The subdivider and prior owner was Jim Bedell and the house was constructed by Betz Builders. The Certificate of Occupancy for the new house was issued in June 2008. The current owner, Ken Nash, purchased the property in August 2009. -2345- • • • The applicant is requesting to add an upper floor deck to the rear and side of an existing house which has frontage on Lake Minnetonka on its south (rear) lot line and a lagoon on its west (side) lot line. The existing house structure meets the minimum shoreland setback of 50 ft. from the Ordinary High Water Level (OHWL). The existing at -grade stone patio encroaches on the shoreland setback area. The City's Shoreland Management Zoning Ordinance (Section 350.1225 Subd 3.B.2.a) allows one (1) water - oriented accessory structure on private lakeshore that does not meet the normal shoreland setback, which includes at -grade decks /patios. An at -grade deck is allowed to have a minimum shoreland setback of ten (10) ft, rather than 50 ft, provided that it is not greater than 250 sq. ft. in area and does not exceed thirty (30) inches above grade at any point. The requested variance to minimum shoreland setback requirement is outlined below: Existing Proposed Required Variance Structure Setback from OHWL (rear) 50.0 ft 41.8 ft 50.0 ft 8-.2 ft Structure Setback from OHWL (side) 50.5 ft 46.2 ft 50.0 ft 3.8 ft • • REVIEW PROCEDURE City Code Section 350.530 Subd 1 outlines the criteria for granting variances in the City of Mound and generally states that a variance to the provisions of the Zoning Ordinance may be issued to provide relief to the landowner in those areas where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his or her land. 60 -DAY PROCESS Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The variance application was received on or around September 2, 2009 and deemed to be complete on October 15, 2009. NOTIFICATION City policy requires that abutting property owners are notified of variance requests by mailed notice. Members of the Planning Commission are advised that this activity was completed on or about October 16, 2009. CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to applicable City departments for review and comment. All written comments received to date have been summarized below: City Attorney, John Dean Discussion with the applicant with regard to responses to Questions 6 and 8 in the variance application is suggested as applicant may not have understood what was being asked. -2346- Parks Superintendent Jim Fackler • Review of the request by DAC is not required. Building Official Dan Menth Building permit required including the submittal of 2 sets of plans. Police Chief Kurtz No comments or objections. Community Development Director Sarah Smith Response to Question 3 in variance application should be "no" as the at -grade patio and hardcover are not meeting regulations but are not the result of the applicant. These issues are not part of the requested variance and will be be addressed as separate matters by the applicant in cooperation with Staff. DISCUSSION 1. The City's Shoreland Management Zoning Ordinance (Section 350.1225 Subd 3.A.1 requires that all structures have a minimum setback of 50 ft. from the Ordinary High Water Level (OHWL), which is defined as 929.4 ft for Lake Minnetonka. Section 350.440 Subd 3.0 provides that decks, balconies, and the like, attached to the principal building which extend in elevation above the height of the ground floor elevation of the principal building shall not be considered to be encroachments on yard setback requirements. However, on lakeshore lots, • this same provision states that such structures shall comply with the lakeshore setback of the principal structure. According to the submitted lot survey, the proposed upper floor deck, at its closest point to the shoreline, would be located 41.8 ft from the OHWL. A majority of the proposed deck would be located closer than the required 50 ft. setback from the OHWL, since the existing house is essentially located right at the minimum shoreland setback. 2. The applicant was not the builder the house. 3. An at -grade deck/patio qualifies as a water - oriented accessory structure provided that it is not greater than 250 sq ft in area and does not exceed thirty (30) inches above grade at any point. Each lot on private Lakeshore is allowed one (1) water - oriented accessory structure that does not meet the normal shoreland setback. An at -grade deck/patio must have a minimum shoreland setback of ten (10) ft. This property's existing at -grade patio is a non - conforming structure because it is 282 sq ft, which exceeds the maximum area allowed of 250 sq ft. In addition, section 350.1225 Subd 3.B.2.d requires that water - oriented accessory structures must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions. Modification of the at -grade patio for conformance with the current regulations is not part of the requested variance and is to be addressed as a separate matter by the applicant in cooperation with Staff. • -2347- I* 19 4. No comments were received from the DNR regarding the variance request relating to the OHWL structure setback. The subject lot, which is located within the Shoreland Management Overlay Area, is approximately 6,000 sq ft in area which exceeds the minimum lot size of 6,000 sq ft for a lakeshore lot in the R -1A zoning district. The lot also exceeds the minimum lot width and lot depth for the R -1A zoning district. 5. The lot has shoreline frontage on two sides that are subject to the 50 ft minimum setback (rear and west side), which substantially reduces the buildable area of the lot. This lot is located in the R -1A zoning district, as are all the lots in the vicinity of the subject lot. In the R -1A zoning district, the normal rear yard setback is 15 ft and the normal side yard setback is 10 ft. The presence of two 50 ft lakeshore setbacks on this lot does not apply to most properties in the vicinity of the subject lot. 6. The lot is also non- conforming for hardcover. Section 350.645 requires that impervious surface coverage of lots in residential zones shall not exceed 30 percent of the lot area. The applicant submitted a hardcover calculation as part of the updated Certificate of Survey, dated October 14, 2009. This hardcover calculation shows the lot's existing and proposed hardcover at 31.7 %. Open decks with a minimum '/" opening between boards and a pervious surface underneath are not counted as hardcover. The applicant's application indicates that the proposed deck would not result in any change to the existing hardcover on the lot and that the deck will be constructed with '/" minimum openings between deck floor boards. Some alternatives for bringing the lot into conformance for hardcover include reducing the size of the existing patio and reconstructing the patio with pervious pavers. Modification of the hardcover on the site for conformance with the current regulations is not part of the requested variance and is to be addressed as a separate matter by the applicant in cooperation with Staff. RECOMMENDATION Staff recommends that the variance be approved for the addition of an upper floor lakeside deck for the property located at 4969 Island View Drive, subject to the following conditions: 1. Applicant shall be responsible for payment of all costs associated with the variance request. 2. No future approval of any development plans and /or building permits is included as part of this action in the event the variance application is approved. 3. Applicant shall be required to submit all required information upon submittal of the building permit application. 4. Applicant shall be responsible for procurement of any and /or all permits. -2348- In recommending approval of the requested variance, Staff offers the following findings of fact: 1. The conditions of City Code Section 350.530, Subd.1, (A), (B) (C), (D), (E) and (F) are being met. 2. The lot has shoreline frontage on two sides that are subject to the 50 ft minimum setback (rear and west side), which substantially reduces the buildable area of the lot. The presence of 50 ft lakeshore setbacks on two sides of the lot does not apply generally to other lots in the vicinity of this lot. 3. The lakeshore frontage on the west side of the lot (lagoon) is currently screened by vegetation on the lagoon shoreland directly adjacent to the subject lot. 4. The proposed deck expansion, which will have an open deck design, will not result in any change to the existing hardcover on the lot. 5. The conditions of City Code Chapter 350.530 are being met. 6. The deck is meeting the 25 -FT setback of the shore impact zone which is 50 percent of the lakeshore structure setback (50 -FT) 7. The width of the majority of the deck, as proposed, is narrow as a typical width for usable outdoor space is generally around (12) feet. 8. The applicant was not the builder of the house. -2349- I* 14 low VARIANCE q 5341. Maywood Road, Mound, MN 55364 APPLICATIO Phone 952 - 472 -0600 FAX 952 - 472 =0620 Application Fee and Escrow Deposit required at time of application. C Planning Commission Date Case No. O .. City Council _Date V Please Woe or print leaibiv SUBJECT Address PROPERTY � y Lot Block LEGAL DESC. Subdivision f U Oti/ , a SID # Zoning: R1 R1A n R3 131 62 133 (Cirde one) PROPERTY Name .yl�t P,i�. N(1i Email OWNER 4w —L),Y- Address TAa'4 U (,W - Phone Homeork Fax APPLICANT Name Email (IF OTHER THAN Address OWNER) Phone Home Work Fax 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? Yes ( ) No If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): fX `� 0 54--� I* Variance Information (1/6/2009) Page 4 of 6 5�111Z Case No. 3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (A No ( ). If no, specify each non - conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: Front Yard: (LS E W ) Side Yard: ( N S(E)W } REQUIRED 16 ft. Side Yard: (N S Ea)) 'T ft. REQUESTED (or existing) ft. ft. `I/." ft. Rear Yard: (N S E W) ft. . ft. Lakeside: ( N (PE.W ) 50 ft. qq ft, (NSEW) Street Frontage: Lot Size: Hardcover. ft. pill ft. k6- sq ft 1LY6 .Sq ft ft. ft. sq ft Of sq ft VARIANCE ft. ft. ft. . ft. sq ft _sq ft 4. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ), No ( ). If no, specify each non - conforming use: 5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow O topography ( ) soil ( ) too small () drainage ( ) existing situation ( ) too shallow ( ) shape other: specify Please describe: ' L A G-o ct i obi l,j g s:j— s r-Dr- :a 'P Pao �X(A '0 a ' S 6_'716 w tjZ_C_(4 t- LAS Variance Information (1/6/2009) Page .5 of 6 -2351- *I 01 • Case No. OR- /�2' • B. Was the hardship described above created by the action of anyone having properly interests in the land . after the zoning ordinance was adopted (1982)? Yes ( ), No If yes, explain: 7. Was the hardship created by any other man -made change, such as the relocation of a road? Yes ( ), No. If yes, explain: 8. Are the conditions of hardship for which you request a variance peculiar only to the properly described in this petition? Yes ( ), No-K. if no, list some other properties which are similarly affected? /`��N � C 6Q�„F= f�aN► � � � �i�....c�S 1.,.12 Th�.Z,.ri r f�.� 'O i 9. Comments: M 7— ra 7W4 p— O 14 447 O 7% tea- 0W I certify that all of the above statements and the statements contained in any required papers or plans to be. submitted herewith are true and accurate. I acknowledge that I have read all of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature_ <-.� Date -- `�-� -- plicant's Signature Date Variance Information (1/6/2009) Page 6 of 6 -2352- The ability to add this deck is very important, the fact that this lot is a perimeter lot in that requires greater setbacks represents additional hardship in this particular case. The home was constructed with unusual angles to adhere to the greater setback requirements and this proposal is in harmony with the general scheme of development in the area and will have no negative impact on surrounding properties. Sincerely Ken Nash -2353- 401 • C, U 19 10 CERTIFICATE /�� O�F SURVEY FOR. /�i%/,' /I e// /Vas// ° ate 0� � I iAN 1 c r° 4969 ISLAND. VIEW DR. Soo dw i 6Q / t X36.0 Proposed Top of Fdn Elev. _ 942.0 1 \ Proposed Garage Floor Elev. 937.7 !/ 1 Proposed Lowest Floor Elev. - 933.32 As —Built Top of Fdn Elev. - 942.01 As —Built Garage Floor Elev. = 937.87 �* �1iV`v ,.y As —BuAt Lowasf Floor Elev. = 933.3 o w o � o, 1;tr� woo (J d O ? / h ik A O c 60-00 6� Oi� i S i N oNi� � /4 2� INNET �r92s'^��1 0 Denotes iron monument �i j�� 1VI 920 Denotes found monument J LAy' l� Eleyetin -- Denotes Surface Drainage X0 PIlOPE/l1YDESC/r' /PT/ON .0 Denotes existing elev. (000.0) Denotes proposed elev. Lols 6, Black 2.% "N, and the soalhwes /er/y R1A — EX /ST /NG HAROCOYER- 2aX feel o / to/ 5, said Block Z7 House 1,339.4 sq. ft. Porch 66.0 sq. ft. . Revised: 10114109 — add existing rat. walls to hardcover total Rat. wails 102.0 sq. ft. Revised: 9110109 — proposed deck (deck boards min. 1/4" spacing) Patio 282.0 sq. ft. Revised. 5123108 — final hardcover as —built Driveway & Steps 114.0 sq, ft. Revised: 9106107 Total Hardcover 1,903.4 sq. ft. Revised: 7131107 Existing Parcel Area - 6,000 sq. ft. Revised: 7125107 X of Hardcover - 31.7 X Revised: 7/05/07 rra -rvQS� ,29 8osb 1 hereby certify that this survey, plan or report was prepared by me or under File No. 13750 DEMARS— GABRIEL my direct supervision and that 1 am a duty Registered Land Surveyor under the LAND SURVEYORS, INC. Laws of the State of Minnesota. Hook —Page As surveyed b me this 14th day of April. 2005. 3030 Harbor Lane No. � y 430/39 Plymouth, MN 55447 Phone :(763) 559 -0908 1 Scale cale David E. Crook Minn. Reg. No. 22414 PDF created with pdfFactory trial version www.odffaotorv.cor^ 2354- 4969 Island View Drive - Deck Details Footing Diameter - 12" Footing Depth - 42" Post Size - 6x6 Treated Joist Size - 2x10, spaced 16" on center Beam Size - 2x10 - Treated Decking - 5/4 Cedar, spaced min. 1/4 ". Railing - 36" high Balusters spaced - 4" on center Stairs - 36" wide. Lighting - there is currently no lighting at the top of the landing. -2355- 7 61 • • 140 • -2356- 1:1 IV Alp. 43 -2357- I-- 'ZI T- *I -2358- 14 Q '1� J V' 9® lammommool • 16 MEMORANDUM TO: I Mayor Hanus and City Council FROM: Jim Fackler, Parks DATE: October 20, 2009 RE: Petition to Upgrade Play Structure at Seton Park At the October 8, 2009 Parks and Open Space Commission (POSC) a discussion was held regarding a petition to upgrade the play structure at Seton Park. The Commission made a motion to replace the structure and have $10,000 come out of Park Dedication Fund and the balance from the City. Below is an excerpt from the October 8, 2009 POSC meeting minutes: Petition to Upgrade Play Structure at Seton Park Fackler stated a petition was received from area residents to replace the play structure at Seton Park. The current play structure is 18 years old and if anything breaks, replacement parts are no longer available. If a significant repair was needed, staff would recommend removing the structure. The estimated cost for a new structure is between $35,000 and $40,000 with city staff installing the structure. Park dedication fund balance is approximately $35,000. The money for park dedication comes from building in the area and there is not a lot of redevelopment going on now. Discussion followed. Monica Kahmeyer, 2051 Arbor Lane addressed the Commission and stated she spearheaded the petition. She noted there's at least 30 kids in neighborhood. Her family doesn't use this park as much because it's not safe. She suggested neighborhood volunteers may be willing to help install the structure. The Dakota Regional Trail is next to the park and is the only park on the trail in this area. Ed Rockwell, 4888 Edgewater Drive addressed the Commission. He has used this park with his family, but they don't go there as much as other parks because of the safety issues. His son fell on the metal steps and split his lip open. The rocks is collect on the metal steps causing them to be slippery. -2360- Vladimir Pisarchuk, 4932 Northern Road addressed the Commission. He uses this park with his family and is concerned with safety issues with structure. He • sees 15 -20 kids come to the park to play and use the basketball court. He would like to see a new structure placed here. Johnny Range, 2039 Arbor Lane addressed the Commission. He stated safety issues needs to be addressed. His family uses other parks in the area. There is an increased chance of injury on city property if this park doesn't get addressed. Peterson asked when the park was due to be upgraded. Fackler stated its due to be upgraded. Evans asked if a park sign could be placed on the Dakota Regional Trail and if the brush could be cleared out from trail. Fackler stated the HCRRA has 100' easement along the trail and we can't work on their property. Evans stated he'll call the HCRRA to see if an area can be cleared out. Discussion followed. Monica Kahmeyer, 2051 Arbor asked if local businesses could be solicited to contribute towards the play structure and recognition could be noted for their donation. Peterson recommended to have the City fund this project. Fackler stated in the past structures have came out of the general fund. Discussion followed. MOTION by Lee to earmark $ l OK towards new play structure at Seton Park from the park dedication fund and request the City fund the rest. SECOND by Evans. MOTION carries unanimously. -2361- 01 • I* 140 10 Ln c o 1 0 N N M Val Val Val bi _ r0 (A 3 C H N y m ,^-I M on 0 0 L H 4) a �° v ° L Oj Z- m m a Mo �_ m 06 N i C V O a' .9 � vGi .S �pm Ci a� Lm E o 'a ° °. �= Z ��� �� �E� .0 �t Q o- 'S %. Z O. .N C O am NOUN a —£— rA � T'Ivi W l J � r r6 cs- • ti i i . SF 11 i � —2362— -v- -2363- *I C t • 01 -a O 8 c o N C a Ln NCD m O N *" 7 t ,^-4 c O O E 00 tp R U) C .n-I i� ~ m v rMi Q� 0 N 4- OM Lm y 0 a u) 3 L N� 0 = N CL v v 2 4 �C aN 8 :04 1 y i o a 1 m CL s CA � CL 2 -9 v m fl. c 0 ._ CL -v- -2363- *I C t • 01 10 le LA O d0' V N M rl !Q O i� V N d CL O IL i Q a L L W 41 V f0 ��C// li 43 a F;, 8 y .c a� _ s c O .Q 2 N .4J c L ,0- QU L N c _ 2 �o �o aN .a O a i N y U C a � r w 0 ri N C cn 00 'v- _ V N v'i Q3 m > E C to 3 N M m" 2 -p 3 i � a -� m m CL O' d �A C N CL 2 IS � = WE —2364— r ICZA i { rryyq ,e CN+PM, t t�1 irpr�' �i •l' v s� t t Y a —2364— Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map Tax Year: 2009 The data contained on this paps is derhrod from a compilation of records an d maps snd may, contain discrepancies that can only be dieriosed by an accurate survey performed by a licensed I lend surveyor. The perimeter and area (squarefoetage are! sass) are apprwdmates and nay contain discrepaneW s. The rnfornutlon on this Pape should be used for mtsrarw purposes only. i II ��. Hennepin COtaity does not guarentm the &=mcV of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. 1 .i N011 IM10 I t t Selected Parcel Data Parcel ID: 13-117-24-44-0084 Owner Name: CITY OF MOUND Parcel Address: 85 ADDRESS UNASSIGNED , MOUND, MN 00000 Property Type. VACANT LAND -RES Homestead: NON- HOMESTEAD Area (sgft): 15573 Area (acres): 0.36 A -T -B: ABSTRACT Market Total: $0.00 Tax Total: $0.00 ZROMLINI aft Date Printed: 9/12/2009 10:18:17 AM Current Parcel Date: 9/4/2009 Sale Price: $0.00 Sale Date: / Sale Code: http:// gis. co.hennepin.mn.us/HCProPertYMap -236'5 -.aspx 9/12/2009 01 PID: 1311724410067 ANTHONY & SUSAN BRINATTE 4875 EDGEWATER DR WND, MN 55364 PID: 1311724440015 ROBERT G MCGLINSKY TRUSTEE 4839 SHORELINE DR MOUND, MN 55364 PID: 1311724440018 C PIEPKORN & J PIEPKORN 4861 SHORELINE DR MOUND, MN 55364 PID: 131172 DS &S RADY 85 AD ESS UNASSIGNED M ND, MN 00000 PID: 131172444OD63 CYRUS A ANDERS 4940 NORTHERN RD MOUND, MN 55364 •: 1311724440066 LYNN M SCHILMOELLER 4964 NORTHERN RD MOUND, MN 55364 PID: 1311724440071 EDGEWATER MARINA HI_DGS LLC 4W EDGEWATER DR MOUND, MN 55364 PID: 1311724440078 R & C LEBRA 4855 EDGEWATER DR MOUND, MN 55364 PID: 1311724440081 M S O'FLANAGAN & J M DAWSON 2142 SANDY LA MOUND, MN 55364 PID: 1311724440091 E E & LINDA EHLEBRACHT SHORELINE DR MOUND, MN 55364 I I vlk 11 Yt, LttAQ V--> 1 v% cal, t V Y t I- W V- PID: 1311724430049 NORLIN G BOYUM 5000 SHORELINE DR MOUND, MN 55364 PID: 1311724440016 NORMAN L & LINDA .K DOMHOLT 4851 SHORELINE DR MOUND, MN 55364 PID: 1311724440020 C L & J W PIEPKORN 4867 SHORELINE DR MOUND, MN 55364 PID: 1311724440040 JAMES A FRETHAM 2308 FERNSIDE LA MOUND, MN 55364 PID: 1311724440054 ROSE M MCDONALD 4948 NORTHERN RD MOUND, MN 55364 PID: 1311724440067 A & V LEGKY 4972 NORTHERN RD MOUND, MN 55364 PID: 1311724440072 M B ISAAK & C L ISAAK 4828 EDGEWATER OR MOUND, MN 55364 PID: 1311724440079 BENJAMIN A WELLS 2130 SANDY LA MOUND, MN 55364 PID: 131172 CITY OF M D 85 ADD SS UNASSIGNED M D, MN 00000 PID: 1311724440100 G L ENGFER & B S SVOBODA 2131 SANDY LA MOUND, MN 55364 -2366- PID: 1311724440014 TYM VENTURES LLC 4831 SHORELINE DR MOUND, MN 55364 PID: 1311724440017 DAVID J BABLER ETAL 4844 BARTLETT BLVD MOUND, MN 85364 PID: 1311724440021 DS &SMGRADY 2325 MONTCLAIR LA MOUND, MN 55364 PID: 131172 HENNEPI LAND 4950 ORELINE DR UND, MN 55364 PID: 1311724440065 MIDCOUNTRY BANK 495614ORTHERN RD MOUND, MN 55364 PID: 131172444000 LYNN .M MEUIMSSEN 4980 NORTHERN RD MOUND, MN 55364 PID: 131172444OD77 EDGEWATER MARINA HLDGS LLC 4$45 EDGEWATER DR MOUND, MN 55364 PID: 131172444ODSO M A SCHAUST & L A SCHAUST 2136 SANDY LA MOUND, MN 55364 PID: 1311724440085 HENNEPIN LAND 85 ADD UNASSIGNED M D, MN 00000 PID: 1311724440101. V TKACHENKO & N TKACHENKO 4932 NORTHERN RD MOUND, MN 55364 PID: A31117 113 2325 LAIR LA M ND, MN 00000 PID: 1311724410008 GLENN & SUSAN ERICKSON 4894 EDGEWATER DR MOUND, MN 55364 PID: 1311724410011 L L NIENKERKIL K NIENKERK TR 4908 EDGEWATER DR MOUND, MN 55364 PID: 1311724410022 D C SOTAK & J A SOTAK 4949 EDGEWATER DR MOUND, MN 55364 PID: 1311724410025 NATIONAL CITY BANK 4925 EDGEWATER DR MOUND, MN 55364 PID: 131172441OD42 J J PETERSON & J L PETERSON 4882 EDGEWATER DR MOUND, MN 55364 PID: 1311724410045 M C ALBERS & K J ALBERS 4870 EDGEWATER DR MOUND, MN 55364 PID: 1311724410048 JASON GRAVES & CORI B GRAVES 4861 EDGEWATER DR MOUND, MN 55364 PID: 13117244410055 DAN D HENDRDC 4887 EDGEWATER DR MOUND, MN 55364 PID: 1311724410058 MACUSHLA COLLEEN KELLY 4895 EDGEWATER DR MOUND, MN 55364 PID: 1311724410006 E G ROCKWELL & L L ROCKWELL 48W EDGEWATER DR MOUND, MN 55364 PID: 1311724410009 ROBERT JBROSE 4898 EDGEWATER DR MOUND, MN 55364 PID: 1311724410012 D MOODIE & M MOODIE- YANNOTTI 4916 EDGEWATER DR MOUND, MN 55364 PID: 131172441W23 LAURA L SOTAK 4941 EDGEWATER DR MOUND, MN 55364 PID: 1311724410026 LEONARD A & BETTY L BUEHL 4915 EDGEWATER DR MOUND, MN 55364 PID: 131172441DO43 M D SCHULZ & S M SCHULZ 4878 EDGEWATER DR MOUND, MN 55364 PID: 1311724410046 GLADYS A FROEMING 4866 EDGEWATER DR MOUND, MN 55364 PID: 1311724410053 G W KELLER & S A KELLER 4879 EDGEWATER DR MOUND, MN 55364 PID: 1311724410056 MARY L & KENNETH D KINGREN 4891 EDGEWATER DR MOUND, MN 55364 PID: 131172441 W59 D E PARDON & G S PARDON 4867 EDGEWATER DR MOUND, MN 55364 -230- PID: .1311724410007 D & L PAINTER 48W EDGEWATER DR MOUND, MN 55364 PID: 1311724410010 DANIEL F UNKIHEATHER BERGER 49W EDGEWATER DR MOUND, MN 55364 PID: 1311724410013 STEVE K SUNNARBORG 4924 EDGEWATER DR MOUND, MN 55364 PID: 1311724410024 PAUL J CLIFFORD 4933 EDGEWATER DR MOUND, MN 55364 PII)r 1311724410027 J K POOL & J A POOL 4901 EDGEWATER DR MOUND, MN 55364 PID: 1311724410044 D L & L M SWANSON 4874 EDGEWATER DR MOUND, MN 55364 PID: 1311724410047 EDGEWATER MARINA HLDGS LLC 4856 EDGEWATER DR MOUND, MN 55364 PID: 1311724410054 C D NESHEIM & E A SCHMIDT 4883 EDGEWATER DR MOUND, MN 55364 PID: 1311724410057 KELLER CONSTRUCTION LLC 4893 EDGEWATER DR MOUND, MN 55364 PID: 1311724410061 BONNIE LEE GAASLAND 44936 EDGEWATER DR MOUND, MN 55364 si d PID: 1311724440102 PID: 1311724440103 PID: 1311724440104 HOMEPRO SOLUTIONS LLC B BRANDT & V BRANDT KRISTINE M LOVAAS 2150 SANDY LA 2156 SANDY LA 2305 NORWOOD LA • MOUND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 PID: 1311724440105 HEATHER M VANDERWILT ET AL 2307 NORWOOD LA MOUND, MN 55364 PID: 1311724440108 ORLEN G & HERMA G BERGE TRS 2317 NORWOOD LA MOUND, MN 55364 PID: 1311724440124 CHRISTOPHER B MORTON 2320 NORWOOD LA MOUND, MN 55364 NILES & HEATHER COLE 2048 ARBOR LA MOUND, MN 55364 • JIM DUSTRUDE 2001 ARBOR LA MOUND, MN 55364 BRIAN RERVIER 2028 ARBOR LA MOUND, MN 55364 TERESA MA=ELLI 4964 EDGEWATER DR MOUND, MN 55364 LISA MATSON 2045 ARBOR LA MOUND, MN 55364 ul PID: 1311724440106 MARY M SANBORN 2311 NORWOOD LA MOUND, MN 55364 Pip: 1311' 116 HENNEPIN REGIONAL RR AUTH 85 SS UNASSIGNED MOU , MN 00000 MONICA & DARREN KABMEYER 2051 ARBOR LA MOUND, MN 55364 DANIEL RICE 2044 ARBOR LA MOUND, MN 55364 TOM FABICK 2017 ARBOR LA MOUND, MN 55364 GREG GALLER 2138 BASSWOOD LA MOUND, MN 55364 VIRGINIA MILLER 5020 EDGEWATER DR MOUND, MN 55364 -2: 68- PID: 1311724440107 MARIE JORIAND ' 2313 NORWOOD LA MOUND, MN 55364 F41[)r 1311724440123 CHRISTOPHER B MORTON 2326 NORWOOD LA MOUND, MN 55364 JACK & SHIRLEY EVANS 2025 ARBOR LA MOUND, MN 55364 NANCY TAYLOR 2032 ARBOR LA MOUND, MN 55364 JENNIE RANGE 2039 ARBOR LA MOUND, MN 55364 PETE DIESER 4973 EDGEWATER DR MOUND, MN 55364 KAIA P.ELSTRING 5032 EDGEWATER DR MOUND, MN 55364 Mound GIS Overview Map Page 1 of 1 Mound GIS Layer List &W Sanitary Sewer Storm Sewer Watermain Street Signs & Lights Basemap 2' Lidar Contours Street Names - Large Street Names - Medium �1[S�lid� AdQ7CSS...�dbei5. Mound Parcels (6 -1 -09) Existing Land Use Water Features City omits City Limits - Extents 2004 Aerial Photo 2006 Aerial Photo Show Legend C Selection Results Basemap Mound Parcels (6 -7.09) (7( ! ;' Report List Table Export to CSV Mailing Labels (Property) Market Value Report http:// gis. b6lton- menk.c6m/Geocortex/Esser- 2369 -• ✓er.aspx ?Site =Mound 9/30/2009 si iI 19 10 • 5341 MAYWOOD ROAD �/ I OF MOUND MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com MEMORANDUM TO: Mayor & City Council FROM: Jim Fackler, Park DATE: October 21, 2009 RE: Seasonal Summer Employee Report. As requested, the summer seasonal employees, which comprise of part-time and full - time mowing crews and a part-time maintenance position, documented their time as it related to work assignments for the 2009 mowing season. Along with the seasonal workers I had the Regular Full -time parks staff document their mowing time. Please note the main function of the mowing crew is to provide grounds maintenance with other needed work as time allows (List of Other Seasonal Work - attached). The part-time maintenance position is an employee given the task of daily beach clean up with minimal mowing. By PERA regulations, this person is restricted to 15 hours. per week for 6 months. The regular full -time staff operates the large three -deck mower as their primary job responsibility during the mowing season. Attached is a seasonal hours report that includes hours spent mowing, trimming, weed removal, planting, trash pickup and other duties as assigned. The data includes the seasonal mowing crew and the seasonal maintenance position: HOURS EXPENDITURE 2010 Proposed 3,380 $43,553.00 2009 Budget 3,380 $43,553.00 2009 To Date 2,975 $33,993.85 2008 Actual 4,617.3 $51,907.30 printed on recycled paper 2370- At the direction of the City Council, staff was requested to investigate the feasibility of hiring a Landscape Contractor to provide seasonal grounds maintenance. Tasks included in grounds maintenance are mowing, trimming and weed control as outlined in the attached Annual Contract for Mowing and Weeding of Mulched Areas. Please note this contract does not address all current ground maintenance locations and does not include the daily beach clean up. To determine the approximate dollars spent for the mowing crew in 2009, the dollars spent on beach cleaning, $4,087.04, must be removed, adjusting the 2009 mowing crew cost to $29,906.81. The 2010 Proposed Budget for the seasonal mowing crew is $39,553.00 with $4,000.00 removed for beach clean up. You will notice a difference of $9,646.19 from the 2009 To Date to the 2010 Proposed. This is due to budgeting in 2010 for maximum work hours and then seeing reduced hours due to seasonal staff requesting unpaid time off illness or personal time. The dollar amount available for a 2010 Annual Contract for Mowing and Weeding of Mulched Areas would be $39,553.00. Staff does realize if a contractor were hired there would be other savings to the park budget such as fuel, equipment repair, equipment replacement and other line items. The amount is difficult estimate, and would become apparent after a year of having a contract. The Council needs to determine the importance of the other duties performed by the mowing crew. The current full -time employee who provided 394.28 hours of mowing would naturally be able to take on some of the other duties, but would not be able to do job assignments as quickly as the multiple mowing crew staff assisted with. For example the mowing crew completed morning garbage pickup on Monday's and Thursday's in two hours. Its anticipaticate this task would take most of the morning for the three full - time staff members. If the regular full -time staff performs garbage pick -up the tasks they performed previously at sites such as the Parking Ramp, City Hall and Skate Park would not be attended to until the afternoon. The seasonal mowing crew provides the City the ability to be flexible in directing work time for special needs such as the Spirit of the Lakes Festival. Staff is requesting direction in preparation for 2010 and feels there is time to discuss this early next year. If the City Council's direction is to seek quotes, it is suggested to begin this process by the end of February 2010. Quotes from the contracts would be available in March and a determination should be made to hire a contractor or hire a seasonal mowing crew by April of 2010. -2371- 01 01 • C I* I* -2372- G 00 eh a0 V th It a6a o Nam M QO O Ln O O OR b O O O t Y tt It) 01) 1p � N 6R 44 69 44 4a 4-11 K 6tO 0 6n 4 611). LO W (/� O O O O O N O O O N d� M n n f• CD � � � N�} n C= M M n Cl) M toff b w N O M n 0 0 ^ n O OR d C4 ii o to v t- m Of 6!4 Of A O M � y tD r O0f N Vt 6R K iR M 6A y O O 10n O O Lq M 0 n tL t0 N t0 N ^ O) N OL N La Cl) N 'aV' O = N O M O an b 0 LO O O O LO M Y f� O O N N h h to Ln - CA N 0 C m 0) V) M O N M N M to N 0 t+0f lP Lff O Oaf a a LO N V) Of N S O 0 0 0 10 Ln O O O O O N O Ln O Ln N N O O Ln O O r O O N N CO le r O Oo M to 0 t0 0 co S N 00 0o r f- d O Ln N O N O O LO O O O M O N N O N O O N O LO Ln OR 0 N b 0 0 M a tO co M M CDC 40. O O to N O Cl O O O O O Cl O O LO O N O O to O an M Ln C Z G N O N N t7 C h h N N 0V G J N 40. CL C C O O w O LO of O N w LO LO �! N O O O h O N N N 0 n N N N r cc O N N 0> N w N O r a P. N IT m It t+f Cl) lW m LO d N 6A Y Ln 0 0 0 0 0 0 0 In O O tO L N O LO O O O O O f• N O to O to O O IL N co Cl) N m M N A V ~ W N LO h co N O Orl: O Ln h O O in O N O O Ln N Of Ln 1T co 't O N V: It r a le M 0 Cl) co O w n Of � 0 Oaf M to r r N too b Of I E9 to 40 tz as W LL LL. tp a W amcnm W ~�Smm� W Z — ,� J Q Q W y LL Q W yr d w d (A N O a) N %= S Q Q W �Q W O 4) O > CO N o fn m 0 Cl) U v -) � -� a m �- m to i- m fn f- to U ¢ co cr- -2372- OTHER DUTIES PERFORMED BY SEASONAL PARK HELP • Blew Leaves Placed Hanging Baskets Boat Launch Repair Plant Flowers Buoys Placement Planted Trees Chipped Brush Play Structure Chips Turned Clean BBQ Grills Police Report Clean Depot Powerwash Entance CH Clean Parking Lot Prep & Load Trucks Clean Parking Ramp Pressure Wash Depot Clean Shop Prune Trees Clean Sidewalks Pull Posts & Fill Holes Clean Trucks Pulled Signs Cleaned City Hall Garage Put Swim Ropes Away Cleaned City Hall Glass Put Tables Away Cleaned Mowing Eqiup. Remove Dead Racoon Cleaned Tables Remove Fort From Woods Cleaned Tents /City Days Removed Graffiti at Ramp Commons Cleanup Removed Sand Pkng Lot Cut Down Trees Repair Slide Dakota Trail Prep Restock Depot Bldg Dirt and Seed Ret'd Tables /Benches CD's Dock Removal Ret'd Tents To Al CD's Fertilize Baskets Returned Risers CD's Fertilized & Watered GW Rock Placement Fire Dpt. Fill Gas Cans Run For Parts Fill Holes in Park Sand Bags • Flower Planter Maint. Sand /Paint Tables Fluffed Mulch GW & SC Set Up Mowers Gas & Load Trucks Set Up Tables City Hall Grass Clippings Cemetary Sign @ Mound Bay Repair Hauled Rocks Sign Placement Irrigation Repair Spring Clean Up Load Cement Blocks Swept City Hall Lot Load Trailer Trail Repair Load Truck Trash Can Placement Move Picnic Tables Trees Planting Moved Portable Toilets Truck To Superior Ford Moved Sand Turn On Fountains Mower Maintainence Unloaded Trailers Mulch Play Area Wash Buoys OSHA Class Wash Tables Picked Up Metal Wash Truck Picked Up Seaweed Water New Plants Pick Up Flowers Wrap Trees Placed Concrete • -2373- 10 le 10 REVISED 9 -9 -08 CITY OF MOUND GENERAL CONDITIONS . s SPECIFICATIONS FOR 2009 ANNUAL CONTRACT FOR MOWING AND WEEDING OF MULCHED AREAS QUOTE OPENING DATES: SEPTEMEER 24, 200$ 11:00 AM nrnr- - 2374 GENERAL CONDITIONS ASSISGNMENT OF OUOTE/CONTRA.CT The successful contractor may not assign, subcontract or transfer their rights and duties unc ier an award without the written consent of the City Manager. Such consent shall not relieve the assignor of liability in the event of - default by their assignee. QUOTE CONSIDERATION / TABULATION After quotes are opened and publicly read, the quotes will be tabulated for comparison on tie basis of the quote price and quantities (lowest responsible vendor)' or by the best value method shown in the Proposal. Until final award of the Contract, the city reserves the right to re ect any or all quotes, to waive technicalities, and to re- advertise for new, quotes to do the work otherwise in the best interests of the City. The following items will be considered when an award is based on best value: • The price; • The reputation of the contractor and of the contractor's goods or services; • The quality of the 'contractor's goods. or services; • The extent to which the goods or services meet the municipality's needs; • The cor tra.ctox's past relationship with the municipality; • The impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and non -profit organizations employing persons with disabilities; • The total long -term cost to the municipality to acquire the contractor's goods or services; and « Any relevant -criteria specifically listed in the request for quote QUOTE SUBMISSION Quotes may be submitted in person or by mail. Submit quotes iii person or via mail to Jim Fackler, Mound City Hall, 5341 Maywood Rd,. Mound, MN 55364 • Quotes must be received by 11:00 a-m... on September 24, 2008 • Outside of envelop must state "Quote for Mowing and Weeding of Mulched .Areas" • Quotes will not be accepted without a signature' • Quotes will not be'accepted unless sealed • The City is not responsible for mail service CHANGES OR ALTERATIONS No part of this quote may be changed/altered in any way. Contractors must submit writtea requests to change any specifications /conditions with their proposal. Changes made with out submission of a written request to the quote will result in disqualification. COMPLETEING INFORMATION • Revised 9 -9 -08 -2- • -2375- U] I* Contractor must fill in all information asked for in the blanks provided under each item. F allure to comply may result in rej ection of the quote at the City's option. CONTRACT CLAUSE All contractors understand and .agree that the vendor's quote response will become a legally binding contract upon acceptance in writing by the City. This contract may be superseded only if replaced with a more extensive contract that is agreed to by both parties.' DEFAULT In case of default of the successful contractor, the City of Mound may procure the contracted services from other sources and hold the ' contractor responsible for any excess cost occasioned thereby.. SERVICE PERFORMANCE DATE Service date is an important factor to the City and may be required to be a part of each quote. The City of Mound considers delivery time to be that period elapsing from the time the work is completed. Whenever the Contractor encounters any difficulty which is delaying or threatens to delay timely performance (including actual or potential labor disputes), the Contractor shall immediately give notice thereof in writing to the City, stating all relevant information with respect thereto. Such notice shall not In any way constitute a basis for an .extension of the performance'schedule or be construed as a waiver by the City of any rights or remedies to which it is entitled by law or pursuant to provisions herein. Failure to give such notice, however, maybe grounds for denial or any request for an extension of the performance schedule. INSURANCE Deductibles, of any type, are the responsibility. ofthe contractor. IyIIS.CELLANEOUS The Contractor shall supply all required doc=ents verifying that the requirement of workers compensation laws have been complied with. The Contractor will furnish the City with all required documentation establishing that Withholding taxes have been collected and paid: Revised. 9 -9-08 -2376- -3- PAYUEXT' ZTRM_, ALC�?..TDrnoYS. ... . . It is the intention of the City of Mound to make payment on coiiiPT(Aocl 61'69 i;vi�'f days of receiving invoicing unless unusual circumstances arise. Invoices shall be fully documented indicating work completed. No payment will be made. PROVISIiTA"i.LAtJE The City of Mound will not enter into any contract where the cost is provisional upoi3 suciz clauses as are ]mown as "escalator" or "cost-plus " clauses. The City reserves the right to reject any or alI quotes or to waive teciiica�ities at'its opttan° `vv}Yie7i in the best interest of said City. Quotes will be considered irregular if they show any omissions, al te a of d`f form; aAO1 ' ; or 1J. conditions not calld:f6X�gau¢ri?ed,�teotes:n ?? #es. o auy kind However, the City res rues t1 e right wa ? �< n�. r gulz ties,.an to make the apvard in �e best iioti�es{� of the City. The City.re r rie .t enri, t .,W 4 q? q �, d. a otes submitted are subject the C . ... x f:' E1 , t r reserva4on�s:; y o he fo11ti' i ecx . reasons: 4:1i o� • Qu' • , z eyno 4od 1Xt Prop" `r ta�si ,ts• ��t- r i:•ri ' • Un ralanrs alt f �zy.it�- -+ffis,. Contractors may be disqualified and their quofes not considered, among other reasons, for any of .' the following specific.reasons:. • Reason for believing collusion exists among the quotes. • Reasonable grounds for believ ngrthat, aay, quota-is! inter-ested;in.more; than• one proposal for the work contemplated. • The contractor being interested in any litigation against the City. • The contractor being in arrears on any.existing contract or having defaulted on. a pcio • Lack of competency as revealed by a financial etate>] ' ; wTerie3ice an&eCPfipnienA, :, questionnaires, etc. • Uncorrip orlt cvh `cli in'the jitdgmerif tyf v City will prevet-f-or hii derl'lie 1 , prompt completion of additional work if awkded. • Incomplete forms • Any other reason which the City believes constitutes sufficient cause to remove a quote from consideration. Revised 9 -9 -08 4.- -2377- lei • SPECIAL CONDITIONS 1. Length of initial contract shall be from April 1, 2009 to October 15, 2009 with the option to renew the contract for an additional year provided both parties are in agreement. 2. Either party may terminate this agreement upon default of the other party following the defaulting party's failure to cure following thirty (30)-days written notice o£such default. 3. City has the right to alter mowing schedule so as to extend the length of time for repeat mowing. i.e. five (5) day to seven (7) day to ten (10) day or to stop all work. DEFINITIONS: "Parcel" shall mean any property described on Attachment A. "Authorized notice" shall mean .a written or verbalnotice from the City of Mound Public Works Depaxtaaent to perform specific work at a specific location: "City" shall mean the City of Mound, Minnesota. "Contractor" shall mean the person or firm, which is awarded the Mowing. and Weeding of Mulched Areas Contract by the City. •AUTHORIZATION: • No work shall be. done unless specifically authorized by the City. The Contractor shall be notified by a representative of the Public Works Department to perform. specific work at a particular location. 77te Contractor shall complete. the requested services as outlined in Attachment A as authorized. -In the event of inclement weather, the Contractor shall notify the City of his/her failure to mow the property in question by the sixth ((5"') day, howevet, such work shall be completed by the tenth (10) day after initial authorization. Failure to 'notify or finish the work within the timeframes'indicated will subject the contractor to liquidated damages of $15.00 per day, per parcel, until the work is complete. PARCEL — Each parcel shall be mowed in its entirety in a uniform out Mowing'shall bt completed as near as possible to any tree, wall, fence, pole, sign, or any other structure. Remaining high grass and weeds shall be trimmed to ensure, favorable appearance. Proper action shall be taken to clean the property, adjoining streets, and public right -of -way of all grass and weed trimmings. CLEANING OF TRASH AND DEBRIS — The Contractor shall remove all trash and debris from the property before mowing.. Trash and debris may include curt, rock, boards, trnibse, appliances, tires, litter, and any other rejected matter not contained in a trash receptacle. Revised 9-9 -08 _ 5 - - 2378 -' Any parcel, which is not mowed and/or cleaned satisfactorily, shall be redone. at the Contractor's expense upon the request of the City. ALL SPEC.F7C 4 M NS 'WM BE STRICTLPENFORCED. Revised 9 -9-08 _ 6 -2379- 401 .01 I*. GENERAL REQUIREMENTS: The Contractor shall obtain and pay for any and all'permits, license, disposal fees, or any other costs required to fulfill this contract. The Contractor must comply with all federal:, state, and local ordinances while performing each job. It is understood and agreed that the Contractor shall not assign, sublet, or transfer any of the rights and duties under terms of this agreement without the prior approval of the city. The Contractor shall protect and prevent all damage to wires, cables, structures, fences, vehicles, trees, plants and other artifacts. Any damage to public . or private property shall be corrected by repair or replacement by the Contractor at his or her own expense to the satisfaction of the owner or the city. The Contractor shall provide the City a bi- weekly report listing parcels mowed The reports shall be submitted no later than 9:00 a.m. Monday and Wednesday of each week: The Monday report shall list parcels mowed the preceding Wednesday, Thursday-and Friday, and the Wednesday report shall list parcels mowed the preceding Monday and Tuesday. The- City shall not pay for travel time. The schedule as described in Attachment A. The City reserves the right to add or delete at its sole discretion' LIABILITY: The Contractor and/or the Contractor's employees will assume complete responsibility for any claim of property damage or bodily injury, which may directly or indirectly arise from•the employees.' performance under the terms of this agreement, The Contractot will hold harmless, indemnify, release and defend the City from all claims of liability that directly or indirectly arise under the terms of this agreement. The Contractor shall not recover from the City of Mound the cost for damaged equipment, including broken blades, punctured tires, or any other damaged equipment, as a result of mowing assignments regardless of the condition of the property. INVOICING: Invoices shall reflect separate charges for each category (above) of work peiformed with no more than one property on any. detail sheet. Invoices shall indicate the date(s) of service and shall have appropriate mow list. An invoice for wor^k.performed shall be submitted to the Public Works Department within seven (7) days following completion of the requirements of the contract. Invoices maybe submitted to Jim Fackler, City of Mound, 5341 Maywood Rd, Mound, MN '55364. Revised 9 -9 -08 _ 7 - 2380 -- PAYNZNT: The Contractor shall receive payment only for those properties that he/she received authorization to mow and/or weed mulched areas by the Public Works Department INSURANCE: Proof of Comprehensive General Liability, Auto liability and Works Compensation Insurarice must be submitted with quote to be considered. (See below for details) The insurance protection will have the following limits: A. Comprehensive General Liability: (1) Bodily Injury (including completed operations and products liability) & Property Damage. $500,000 Each Occurrence $1, 000, 000 Annual Aggregate (2) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. (3) Personal Injury, with employment exclusion delete $500,000 Each Person $1,000,000 Each Occurrence B. Comprehensive Automobile Liability: (Combined Single Limit for Bodily Injury.& Property Damage of $500,000 or $1,000,000 would be acceptable) (1) Bodily Injury: $500,000 Each Person $1,000,000 Each Occurrence (2) Property Damage: $1.00,000 Each Occurrence C. Workers Compensation Coverage — Statutory minimums. Other Uisurance Provisions The City must be named as an additional insured on. the Comprehensive General Liability and Automobile Liability Insurance policies. These insurance policies shall contain the appropriate additional insured endorsement signed by a person, authorized by the insurer to quote coverage on its behalf. Certificates of Insurance and Endorsements effecting coverage required by this clause shall be forwarded to: Bonnie Ritter City of Mound 5341 Maywood Rd Mound, MN 55364 All coverages will be kept in place throughout the term *of the contract Revised 9-9 -08 _ 8- -2381- *I 401 • 10 QUOTE FORM PROJECT IDENTIFICATION: 2009 Annual Contract far Mowing and Weeding of Mulched Areas QUOTES TO BE RECEIVED BY: September 24, 2008 at 11:00 a.m. QUOTES TO BE OPENED: September 24, 2008 at 11:00 a.m. THE QUOTE TO BE SUBMITTED TO: ' CITY OF MOUND ATTN: JIM FACKLER 5341 MAYWOOD RD MOUND; MN 55364 1. The undersigned contractor proposes and agrees, if this quote is aoocpted, to enter into an agreement with .OWNER and perform and furnish all Work as.specified indicated in the Quote Form, General Requirements, General Conditions, and Specifications for the Quote Price and within the Quote Time indicated in this -Quote Form and Specifications. 2. Contractor accepts all of the .terms and.conditions listed in the Quote Form, General Conditions and Specifications. Contractor shall provide a Certificate of Insurance listing the City of Mound as an additional insured and licensed to work within the City of Mound in accordance with the general requirements. 3. In submitting this Contractor represents, as more fully set forth in the Quote Form, General Requirements, General Conditions, and Specifications, that: Ravise 9 -9 -08 a. Contractor has examined and carefully studied the Quote Documents including the General Requirements, General- Conditions, Specifications, and Quote Form. b. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations.that may affect cost, progress, performance and furnishing of the work C. Contractor is aware of the general nature of Work to be performed for vhich this quote is submitted as indicated in the General Requirements, General Conditions, Specifications, and Quote Form. f% I- A^ - 2382 d. . 'Contractor . understands the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Quote is submitted. e. The Quote is genuine and not made in'the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with. any agreement or rules of any groups, association, organization or corporation; Contractor has not directly or indirectly induced or solicited any other Contractor to submit a false or sham quote; Contractor has not solicited or induced aayperson, firm or corporation to refrain from quoting; and Contractor has not sought by collusion to obtain for itself any advantage over any other Contractor or over Owner. f. Contractor understands and agrees, that the terms of the General Requirements, General Conditions, and Specifications are incorporated in and are part of this Quote Form. g.. Contractor will complete the Work for the following price (s): ITEM DESCRIPTION PER MOW COST PART A — MOWING 1. PARCEL'— mowing, handwork, and disposal of refuse $ /27.42 acres Mowed once .every 5 days. (cost per mow) $ 119.18 acres Mowed once every 7 days (cost per mow) $ /1.58 acres Mowed once every 10 days (cost per mow) $ /per acre for special requests (Sites will be calculated based on parcel size on Attachment A) 01 Revised 9-9 -08 _10- • • PART. B — WEE'DiNG of MULCHED AREAS N WEEDING OF MULCHED AREAS: Greenway $_ Transit District $_ Shoreline Streetscape $_ Sorbo Park $. Fire Dept $- City.Hall $. Well #3 ' $. /each tinge _/each time _/each timme _/each time _leach tanme leach tinge _ /each time NOTE: The-schedule has been divided into two parts. The City reserves the right to add oz delete at its. sole discretion. 4. The Contractor shall be notified by a representative of the Public Works Department to perform. specific work at particular locations. The Contractor shall complete the requested services according to the schedule in Attachment A. In the event of inclement weather, the Contractor shall notify the -City of his/her failure td mow and/or weed mulched area of a parcel by the sixth (6) day, however; such work shall be completed by ' the tenth (10) day after initial authorization. Failure to notify or finish the work within the timv&ames indicated will subject the contractor to liquidated damages of $15.00 per day, per parcel, until the work is complete.. The following documents are attached to and made a condition of the Quote: a Project References b. Affidavit of Non- Collusion- 5. If quote is $75;000.00 or greater a performance and payment bond is required by law. 6. Communications concerning the Quote shall be addressed to the address of the Contractor indicated below. SUBMITTED on , 200$ IF CONTRACTOR IS: AN INDIMUAL . By (SEAL) (Individuals Name) Doing business as • Phone No. Rovised 9 -9-08 Fax No. 7r�dF_ - 2384 -11- A PARTNERSHIP By (SEAL) (Firm Name) (General Partner) Business Address: Phone No. Fax No. A CORPORATION BY . (Corporation Name (State of Corporation) By (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest: (Secretary) Business Address: Revised 9 -9 -09 . - 12 - -- 2385 - • 01 • Phone No. Faze No. Date of Qualification to do business is: A JOINT VENTURE By (Name) 10 Address: By (Name) Address: (Each joint venture must sign. The manner of sig=g.for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) Rcvised 9 -9-08 ncA7 - 2386 -- -13- PROJECT REFERENCES Below is a listing of the five (5) most recent projects of a similar nature to this project whic7l we have completed. CONTRACTING AGENCY DESCRIPTION OF WORK NUMBER OF ACRES MOWED AND WEEDED AGENCY REPRESENTATIVE TITLE PHONE DATE OF CONTRACT CONTRACTING AGENCY DESCRIPTION OF WORK NUMBER -OF ACRES MOWED AND WEEDED AGENCY REPRESENTATIVE TITLE PHONE DATE OF CONTRACT CONTRACTING AGENCY DESCRIPTION OF WORK NUhIBER OF ACRES MOWED AND WEEDED AGENCY REPRESENTATIVE TE OF CONTRACT CONTRACTING AGENCY DESCRIPTION OF WORK NUMBER OF ACRES MOWED AND WEEDED AGENCY REPRESENTATIVE TITLE PHONE DATE OF CONTRACT CONTRACTING AGENCY DESCRIPTION OF WORK NUMBER OF ACRES MOWED AND WEEDED AGENCY REPRESENTATIVE TITLE PHONE DATE OF CONTRACT Revised 9 -9-08 - 14 - 2387- J *I 10 I* • AI`FIDAVTT OF NON - COLLUSION STATE OF COUNTY OF I hereby swear (or affirm) under the penalty of perjury: 1. That I am the Contractor (if the Contractor is an individual), a partner in the Contractor (if the Contractor is a partnership) or an officer or employee of the, contractor corporation having authority to Sign on its behalf (if the contractor is a corporation); 2. That the attached quote has been arrived at by the contractor individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the'couxse of action with any other vendor of materials, supplies, equipment or services described in the invitation to quote designed to limit individual quote or competition; 3. That the contents of the- quote or quotes have not been communicated by the contractor or its employees or agents to any person not as employee or agent of the contractor of its surety on any bond fiuni.shed with quote or quotes, and will not be communicated to any such person, prior to any official opening of the quotes. 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Subscribed and sworn to before me this Day of 20_. -Revised 9 -9 -08 (Notary Public) (SEAL) Or-An- -2388- (Contractors Signature) (Title) (Company) -Is- Q W Ict v Q N' O N N .O m L U O E c 0 v00000�■��000■ ■oo�oo��..�� ■�� —2389— *I *I 401 CO COQ U COD Y Y� c t6 cL4 LL' Nx�Li oim � Q3jm `�.o0- m CD d > o CD mo— C a� tD ° m c m -a ° m O p O 01 m E c --� C E C O E O. C p ' O to In, ma� (0 O o o o O �. 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Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Greg Skinner Members absent: Councilmember Heidi Gesch Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Parks Superintendent Jim Fackler, Finance Director Catherine Pausche, Public Works Director Carlton Moore, City Engineer Dan Faulkner, David Rice, Walter Neske, Ron & Jan Eikanas, Gene Garvais, Paige Satinn, Sara Greer, Paul Pond, Patti Dodds, Amanda Abrahamson, Dawn Abrahamson, Cody DeVoe, Mindy Steinmetz, Megan Olson, Dan Schaffer, DeLonn Crosby, Maria Crosby, Cody Anderson, Candice Anderson, Peter Goshgarian, Russ Falness, Lisa Whalen, Janice Hurd, Vince Forystek, Gary Blix, Amanda Schwarze. Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event 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 Mayor Hanus recognized students of the high school government class that were in attendance. 3. Approve agenda MOTION by Osmek, seconded by Salazar to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda Salazar requested the removal of Item 4A and 4B, and Skinner requested the removal of Item 4D. MOTION by Osmek, seconded by Salazar to approve the consent agenda as amended. All voted in favor. Motion carried. A. (removed) B. (removed) C. Approve Pay Request No. 1 from Schneider Excavating and Grading, inc. in the amount of $49,370.74 for work completed on the 2009 Drainage Improvements Project, PW -09 -03 D. (removed) • -2417- 0 I* Mound City Council Minutes — October 13, 2009 E. Approve contract from Visual Communications for preparation of wayfinding materplan and signage to be funded by Transit Oriented Development (TOD) Grant for Auditors Road 4A. Approve payment of claims Salazar questioned the cell phone claims and asked if the city has considered combining providers for better rates. Hanson informed him that the service is evaluated yearly and shopped for the best pricing. MOTION by Salazar, seconded by Osmek to approve the payment of claims in the amount of $580,187.46. The following voted in favor: Osmek, Salazar, and Hanus. The following voted against: None. Skinner abstained from voting because he had a claim in this batch of claims. 4B. Approve Pay Request No. 4 from GMH Asphalt Salazar stated he removed this from the consent agenda by mistake. MOTION by Osmek, seconded by Salazar to approve Pay Request No. 4 from GMH Asphalt Corp in the amount of $795,506.97 for work completed on the 2009 Street, Utility and Lift Station Improvement Project, PW- 09 -01, 09 -02, and 09 -06. All voted in favor. Motion carried. 5. 2008 Street Improvement Project City Engineer Dan Faulkner reported on the questions and comments received at the September 22 "d assessment hearing for the 2008 Street project. Salazar and Osmek stated that they watched the web stream of the hearing because they were absent from that meeting. Hanus stated that he will not support charging for the aprons that were the result of water or sewer repairs. Osmek stated that a precedent has been set because on Rosedale the City paid the enter cost, along with on Crestview where there were drainage issues that resulted in new aprons, but the resident didn't pay anything for the apron. He stated that if the apron had to be improved because of water or sewer repairs, or repositioned due to grade, it's the city's responsibility to put it back in. Salazar stated that he feels the apron replacement should be discussed with the homeowner, and the option of the homeowner to improve it. Hanus restated that he feels that if the apron was replaced because of water, sewer or grading, it's the city's responsibility to replace it, and this has been the past practice. MOTION by Osmek, seconded by Salazar to table this item and put it on the agenda for a special meeting on Monday, October 19, 2009 at 7:00 p.m., with directive to staff to re- do the assessment roll with the apron charges removed if the apron was replaced due to drainage or water and /or sewer line repairs. All voted in favor. Motion carried. Hanus stated that they shouldn't change the policy mid - stream and these aprons weren't charged for in the past. • Hanus recessed the meeting at 8:17 p.m. and reconvened at 8:20 p.m. -2418- Mound City Council Minutes — October 13, 2009 6. Public Hearings A. Construction and Realignment of CSAH 15/110 Assessment Hearing Hanus stated that the proposed assessment is for curb and gutter, lighting, and streetscape. He views this as a community amenity and the gateway to downtown. The mailed assessment notices included assessments that reflected 70% of the project and he doesn't feel this is fair or right and a revised roll was distributed that shows 20% assessment of the project. He explained that the city is obligated by law to assess for 20% because of the type of bond that was sold for this project. Carlton Moore explained that this project started in 2004 and it wasn't until late August that the final numbers were received from Hennepin County. Discussion followed regarding the options on the assessment and the interest rate. Mayor Hanus opened the public hearing at 8:44 p.m. Paul Pond of Reed & Pond, 5424 Shoreline Drive, stated that they appreciate the change from 70% to 20 %, but stated that this assessment was a big surprise to Reed & Pond. The improvement notices were sent over 5 years ago but costs were not given until two weeks ago. He also stated he feels that the benefit to property owners is far less than the amount being assessed. The improvements benefited the city as a whole, but didn't benefit Reed & Pond much. He also stated that they gave up some property for construction and with the understanding that they wouldn't be assessed. His last point was that they hear all the time that Mound is trying to attract business to Mound, and this is one heck of a way to attract business, to slap this kind of assessment on a business. Dan Schaffer, manager of Commerce Place, asked about the process for paying the assessment and Ritter explained it to him. Osmek asked if the city can assess at 0% and John Dean stated that if that's done, it will load more burden on the taxpayers because nothing from the assessment would be paying the interest on the bonds. Osmek stated he would like to consider 0% as an option. Dean stated that the statute says 20% of the cost of the improvement to the city must be assessed and he's not sure if that 20% includes interest payments on the bonds. He will check this out. Lisa Whalen, representing Bethel Church, stated that they are not a business but a faith - based organization. They are a small congregation struggling with cash flow. She stated that this improvement was for the entire City and was done to improve Mound as a city and feels that to have a church carry this load is disproportionate. Discussion followed regarding the potential change of zoning that may return Bethel church to residential zoning, as it was prior to 2000. Whalen asked if Bethel church were still zoned residential, would they be assessed and Moore stated that there are no residences on this assessment roll. Whalen stated that for the record they feel they should be treated as a residential property and leave all options open to pursue in the future. -2419- 0 � 01 • 16 Mound City Council Minutes — October 13, 2009 Ritter noted she received two written objections to the assessment, one from Roger Reed and one from Peter Goshgarian. Upon no further public comment, Mayor Hanus closed the public hearing at 9:13 p.m. Discussion followed regarding the interest rate and Pausche stated that the city has been paying on this bond for five years already and won't argue if the assessment is $154,000 at 6% because property owners will probably prepay anyway. She cautioned the council on precedent and continuity. John Dean stated that as far as Bethel Church, once the new comp plan is in place they will be able to rezone back to residential. Moore stated that the question is, if the Council decides not to assess Bethel for this project, who picks up that portion and Dean stated that the Council would have to decide now because 20% has to be assessed, so Bethel's portion would have to be spread amongst the other properties. MOTION by Osmek, seconded by Hanus to table this item until the special meeting on October 191h and request staff to include option implications with 0% interest, and also confirm that the project is being assessed at 20% as the current spreadsheet indicates. Hanus removed his second and Osmek removed his motion. Salazar asked what would happen if the City goes with the original plan of assessing the full project and Dean stated that based on what was heard tonight, and the receipt of protest letters, there is likelihood that the assessments would be challenged in court on the primary basis that properties weren't benefited to the extent of the assessments levied against them. MOTION by Osmek, seconded by Hanus to table this item until the special meeting of October 19, 2009, at 7:00 p.m., and direct staff to compile financial implications of 0% interest, and also include that the City intends to exercise the 20% assessment numbers as shown on the most recent spreadsheet. The following voted in favor: Osmek and Hanus. The following voted against: Salazar and Skinner. Motion fails. Skinner expressed concern that the rest of the expense is being picked up by the taxpayers, when others are paying 6% for their street improvement assessment interest. He feels they should be paying some interest. Osmek feels that this project is very different from our traditional street projects. He's not saying he'd approve 0% interst, but wants to see the financial implications. Salazar has a problem with the whole assessment and stated that the very best deal he'll consider is 20% assessment and taxpayers picking up the balance. He can't see going with 0% interest. MOTION by Osmek, seconded by Hanus to table this item until the special October 19th council meeting, identifying the city intent on the 20% assessment option as shown on the most recent spreadsheet, and direct staff to prepare 0% interest options and the implications of a 0% interest rate. The following voted in favor: Osmek, Salazar and Hanus. The following voted against: Skinner. Motion carried. -2420- Mound City Council Minutes — October 13, 2009 Mayor Hanus declared a recess at 9:34 p.m. and the meeting reconvened at 9:37 p.m. B. Assessment hearing on Delinquent Sewer and Water Bills Mayor Hanus opened the public hearing at 9:39 p.m. and upon hearing no public comment, closed the public hearing. Hanus noted a letter from a resident on page 2068 of the packet. The resident is asking to be able to make regular payments on the balance, and we can always assess, next year if they don't follow through. Pausche stated she believes 100% of the people on the list are on hard times and in previous years the City tried to work with residents on payments and they just ended up assessing the delinquent amount in the following year. These amounts being certified are the balances that are 6 months and older so there is probably even more owned at this time, but that balances less than 6 months will remain with the city. She suggests assessing all of the delinquent amounts given at this time. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -77: RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT SEWER AND WATER BILLS AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST. LEVY #17449. C. Assessment hearing on CBD Parking Maintenance Charges Mayor Hanus opened the public hearing at 9:44 p.m. and upon hearing no public comment closed the hearing. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -78: RESOLUTION ADOPTING 2009 CBD PARKING MAINTENANCE ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 6% INTEREST. LEVY #17450 D. Assessment hearing on Miscellaneous Assessments Mayor Hanus opened the public hearing at 9:46 p.m. and upon hearing no public comments closed the hearing. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -79: RESOLUTION ADOPTING ASSESSMENT FOR MISCELLANEOUS PROPERTY IMPROVEMENTS AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST. LEVY #17451. 7A. Assessment for Hazardous Property at 5139 Waterbury Road Sarah Smith informed the Council that the property owners and vested persons have signed consent and waiver agreements that waive the right to an assessment hearing -2421- *I C and agree to have the charges incurred certified to the County for collection over five years at 8% interest. MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -80: RESOLUTION ADOPTING ASSESSMENT FOR HAZARDOUS PROPERTY AT 5139 WATERBURY ROAD. LEVY #17452. 7B. LGN contract for additional lobbying services Sarah Smith reviewed the proposed contract for 2009 -2010, that is on a month -to -month basis (at $1,500 /month) so as to continue federal funding efforts. Included was a supplementary memorandum from LGN that explains the services included in the Strategic Legislative Advocacy program. MOTION by Osmek, seconded by Salazar to approve the agreement with Lockridge Grindal Nauen (LGN) that includes monitoring federal and legislative activities impacting the City and its federal policy objectives, providing analysis of federal executive branch, legislative, regulatory and administrative developments impacting the City's federal policy objectives, and forwarding documents of interest relating to same. All voted in favor. Motion carried. 8. Island Park Storage Facility Carlton Moore presented a cost estimate for demolition of Island Park Hall and the placement of a hoop house and fencing to accommodate storage. Skinner agrees with the demolition of the building, but thinks there are better options for the storage problem. MOTION by Osmek, seconded by Salazar to direct staff to continue pursuing the demolition of Island Park Hall and work with the Public Works Facilities Committee on recommendations to come back to the Council. All voted in favor. Motion carried. 9. Rainwater infiltration at Public Works Facility Ray Hanson, Engineering /Planning Tech, presented bids received to replace a portion of the roof on the Public Works Facility. During recent rains staff was made aware that the rubber membrane roof was leaking in numerous locations and is in need of replacement. It is staff's recommendation to award the bid for the roof replacement to Dahlbec Roofing (bid $40,940.00) and also to approve spending 135 percent of the low bid, or $55,000, to cover any potential extra costs such as replacement of decking, etc. MOTION by Osmek, seconded by Salazar to accept the bid from Dahlbec Roofing in the amount of $40,940, and to approve the total expenditure of up to 135 percent of that bid for roof replacement at the Public Works Facility. It was noted that there is a 10 -year warranty on materials and workmanship. All voted in favor. Motion carried. 10. Docks and Commons Recommendations A. Discussion /action on petition as it relates to Brighton & Wychwood Commons Fackler reported that the Docks & Commons Commission discussed a petition submitted by Dan Pilling requesting non - abutting docks be removed from Brighton Commons to alleviate dock spacing congestion. The Commission recommended denial of this • request. -2422- Mound City Council Minutes — October 13, 2009 Gary Plix, 3025 Brighton, informed the Council that the 15' width between docks at the shore, ends up to more like 7 Y2 at the end and this creates congestion in the area. MOTION by Osmek, seconded by Salazar to approve the recommendation of the Docks & Commons Commission and deny the request to remove docks from the Brighton & Wychwood Commons and direct staff to provide an enhanced level of service to the area next year to try to alleviate these dock location issues. All voted in favor. Motion carried. B. Discussion /action authorizing improvements to Devon Commons Fackler indicated that he received a request for riprap on Devon Commons and the Docks & Commons Commission has recommended approval of this request. DeLonn Crosby, 4833 Island View Drive, came before the Council to express concern over safety in that area due to the condition of the present riprap. MOTION by Salazar, seconded by Osmek to approve $13,940 for Concept Landscaping to riprap Devon Commons with the direction that the money be taken from account 525 to spend that account down to $0, and the remaining balance be from account 500, capital out fund. All voted in favor. Motion carried. 11. Temporary on -sale liquor license application from Knights of Columbus Ritter explained that the Knights of Columbus have submitted a temporary on -sale liquor application to replace the one previously approved for 3.2 malt liquor. They are requesting that the fee paid be transferred to the on -sale license. MOTION by Salazar, seconded by Hanus to approve the temporary on -sale liquor license for Knights of Columbus for November 14, 2009 and have the fee transfer from the previously approved application. The following voted in favor: Salazar, Hanus and Skinner. The following voted against: None. Osmek abstained from voting because he is a member of the Knights of Columbus. Motion carried. 12. Approve minutes MOTION by Skinner, seconded by Hanus to approve the minutes of the September 22, 2009 regular meeting. The following voted in favor: Skinner and Hanus. The following voted against: None. Osmek and Salazar abstained from voting because they were absent from that meeting. Motion carried. MOTION by Osmek, seconded by Salazar to approve the minutes of the September 29, 2009 meeting. The following voted in favor: Osmek, Salazar and Hanus. The following voted against: None. Skinner abstained from voting because he was absent from that meeting. Motion carried. 13. Comments and suggestions from citizens present on any item not on the agenda. None were offered. -2423- 01 � 0 • Mound City Council Minutes — October 13, 2009 14. Miscellaneous /Correspondence A. Comments /reports from Councilmembers: Osmek stated that the Docks and Commissions Commission will be looking at reducing the second BSU fee to $75.00 B. Reports: Engineering Project Update Finance Dept — Investments as of Sept 2009 Public Works — BMI Td Qtr Billing Summary C. Minutes: Planning Comm - Sept 29, 2009 (regular) Oct 6, 2009 (special) Parks & Open Space Comm — Sept 10, 2009 Docks & Commons Comm — Sept 17, 2009 D. Correspondence: Resolution 09 -76 to approve a side setback variance for property located at 4942 Edgewater Drive Letter from Metropolitan Council regarding determination completeness of Mound Comprehensive Plan Update (2030) Information /Press Release -- Changes to the MCES Service Availability Charge (SAC) credit system for 2010 LMC report on "buy American requirement Thank you from Spirit of the Lakes Festival Board Historical Society invitation to Minnetrista 150th birthday celebration Gillespie Gazette 15. Adjourn MOTION by Osmek, seconded by Salazar to adjourn at 10:55 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk -2424- Mayor Mark Hanus MOUND CITY COUNCIL MINUTES OCTOBER 19, 2009 The City Council of the City of Mound, Minnesota, met in special session on Monday, October 19, 2009 at 7:00 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Greg Skinner Members absent: Councilmember Heidi Gesch Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Finance. Director Catherine Pausche, Public Works Director Carlton Moore, Paul Pond 1. Open meetina Mayor Hanus called the meeting to order at 7:01 p.m. 2. Pledge of Allegiance MOTION by Osmek, seconded by Salazar to approve the agenda. All voted in favor. Motion carried. 3. 2008 Street Improvement Project Carlton Moore reported on questions regarding the apron charges on the previous assessment roll of October 13. A revised assessment roll was presented that was the result of removal of apron charges that were replaced due to any city utility work or to correct or improve a drainage problem. The apron charges that were removed will be charged to the respective city utility fund. Osmek stated that he feels that the property at 5636 Alder Lane should not be charged a full unit charge for his property. Severson has an easement that takes him to a county road not a city street. He feels that he should be assessed'/ unit charge. Hanus disagreed stating that he fronts a public street just like his neighbors. Some properties don't front a city street at all and still get charged a full unit charge. MOTION by Osmek, seconded by Salazar to reduce the assessment for 5636 Alder Lane to'/ unit charge. The following voted in favor: Osmek and Salazar. The following voted against: Hanus and Skinner. Motion fails. MOTION by Osmek, seconded by Salazar to adopt the following resolution with 6% interest indicated. All voted in favor. Motion carried. RESOLUTION NO. 09 -81: RESOLUTION ADOPTING ASSESSMENT FOR THE 2008 STREET IMPROVEMENT PROJECT — LEVY #17448 �1 *I 4. Construction and Realianment of CASH 15/110 project Carlton reviewed the history of the project and presented the proposed assessment roll showing 20% being assessed, which is the minimum established for the type of bond that financed this project. Osmek stated that he prefers to charge 0% interest on the • -2425- I* 10 • 20% assessment figure. The 0% interest is not setting a precedent because of the nature of this project. Skinner doesn't agree with 0% interest. Paul Pond, 5424 Shoreline Drive, agreed with Osmek's statement of 0% interest. He feels they have been wronged enough and he'd rather deal with the item here rather than in District Court. He stated that 0 %is a pretty good deal. He stressed that his business has been in Mound for over 30 years and he thinks the city should do something to keep their old businesses rather than just try to attract new business. MOTION by Osmek, seconded by Hanus to adopt the resolution adopting the 20% assessment at 0% interest. The following voted in favor: Hanus and Osmek. The following voted against: Salazar and Skinner. Motion fails. Salazar expressed concern that residents on the regular street projects would not see the difference in this project and think they, too, should receive 0% interest. Osmek explained that this is nothing like the 10 -year street project. Skinner agrees with the 20% assessment roll, but not with 0% interest. He stated that anyone else getting assessed gets charged some sort of interest. Catherine Pausche stated that this project has not been levied for in the past and believes the minute the Council assesses at 4% everyone will prepay and essentially receive the 0% interest. MOTION by Osmek, seconded by Hanus to adopt the following resolution, which adopts the 20% assessment at 0% interest. The following voted in favor: Osmek, Salazar and Hanus. The following voted against: Skinner. Motion carried. RESOLUTION NO. 09 -82: RESOLUTION ADOPTING ASSESSMENT FOR CONSTRUCTION AND REALIGNMENT OF CSAH115 1110 - LEVY #17453 5. Informational: Draft of October 13, 2009 minutes 6. Adjourn MOTION by Osmek, seconded by Skinner to adjourn at 7:50,p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -2426- General Fund 991,842 Park Dedication Fees 47,907 Area Fire Protection Services 548,741 Dock 308,812 Mound HRA 88,642 G.O. Equip. Certf. 2004 - C 25,110 G.O. Equip. Certf. 2005 - C (19,239) G.O. Equip. Certf. 2006 - C (27,553) G.O. Equip. Certf. 2007 - C (21,417) G.O. Equip. Certf. 2008 - D (21,673) G.O. Equip. Certf. 2009 - C - Mound Transit Center Series 2006 90,722 G.O. Bonds 2001 - C 78,904 Commerce Place TIF 480 G.O. Bonds 2003 - C TIF 1.2 398,810 G.O. Bonds 2001 - A 21,044 G.O. Bonds 2003 - A 243,074 G.O. Bonds 2004 - A (132,637) G.O. Bonds 2005 - A 363,100 G.O. Bonds 2006 - A 350,209 G.O. Bonds 2007 - A 318,223 G.O. Bonds 2008 - B 46,286 G.O. Bonds 2009 - A - Taxable G.O. TIF Bonds 2008 A 1,426,812 HRA Lease Rev Bonds (110,769) Capital Improvement 1,625,381 MSA (3.498) Downtown TIF 1 -2 60,014 Downtown TIF 1 -3 MHR (1,074,765) HRA Public Safety Bldg - Water 2,102,170 Sewer 2,239,098 Liquor Store (609,338) Recycling (7,319) Storm Water 387,838 302,316 Note: The above schedule shows the combined cash and investment balances by fund for the months indicated as recorded in the General Ledger. The balances do not reflect receivable, payables, authorized transfers, encumbered funds, or dedicated /reserved resources, etc. Only some accrued transactions are reflected. Investment income will be distributed to the funds at the end of the year and is not included. A long and complete process is followed to record all transactions, before we close the books, at the end of the year. In addition, the audit from the independent auditor is performed and an official Comprehensive Report will be presented to the City Council and made available to interested parties. In no way this schedule is intended to represent balances of funds available for spending. • -2427- I* I* 14D CITY OF MOUND BUDGET EXPENDITURES REPORT GENERAL FUND TOTAL 5,603,072 408,535 3,818,600 1,784,472 68.15% Area Fire - September 2009 170,099 (170,099) 76.00% 1,038,710 124,540 September 2009 YTD Dock Fund PERCENT 3,496 BUDGET EXPENSE EXPENSE VARIANCE EXPENDED GENERAL FUND 13,127 62.76% Capital Projects 1,672 869,120 2,620,103 Council 81,336 1,700 51,089 30,247 62.81% A Promotions 73,848 - 17,400 56,448 23.56% B City Manager /Clerk 356,533 24,264 239,951 116,582 67.30% C Elections 3,155 (101) 831 2,324 26.34% D Finance 345,337 20,307 230,293 115,044 66.69% E Assessing 96,650 235 91,742 4,908 94.92% F Legal 140,533 5,606 80,191 60,342 57.06% G City Hall Building & Sry 115,604 17,285 74,313 41,291 64.28% H Computer 62,800 2,790 4,582 58,218 7.30% 1 Police 2,002,880 167,037 1,423,556 579,324 71.08% J MEMO: Police Reimb. (54,000) (4,208) (52,248) (1,752) 96.76% K Emergency Prepardene 7,600 1,584 13,151 (5,551) 173.04% L Planning /inspections 439,466 24,836 218,789 220,677 49.79% M Streets 849,994 38,772 553,776 296,218 65.15% N Parks 502,830 32,114 367,321 135,509 73.05%0 Park Dedication Fees - 6,531 6,531 (6,531) #DIV 101 P Cemetery 11,123 - 8,759 2,364 78.75% Q Recreation 5,000 3,106 3,106 1,894 62.12% R Transfers 506,453 42,204 379,836 126,617 75.00%s Cable TV 45,230 - 22,617 22,613 50.00% T Contingencies (43,300) 20.265 30.766 (74.0661 - 71.05% u GENERAL FUND TOTAL 5,603,072 408,535 3,818,600 1,784,472 68.15% Area Fire - 20,772 170,099 (170,099) Service Fund 1,038,710 124,540 727,559 311,151 70.04% Dock Fund 221,630 3,496 126,307 95,323 56.99% HRA Fund 35,250 55,597 22,123 13,127 62.76% Capital Projects 1,672 869,120 2,620,103 (2,618,431) Parking Deck 1 35,250 325 3,199 32,051 TIF 1 -2 Downtown Moun - - - - TIF 1 -3 MHR - 20,772 170,099 (170,099) Water Fund 1,373,922 170,730 1,160,076 213,846 Sewer Fund 1,585,771 162,488 1,278,113 307,658 Liquor Fund 586,884 55,597 412,137 174,747 Recycling Fund 241,448 16,055 151,738 89,710 Storm Water Utility 294,641 29,742 223,039 71,602 -2428- 84.44% 80.60% 70.22% 62.85% 75.70% Explanations of Actual Expenses to Budget as of 9/30109 A Council expenses are under budget as of the end of September primarilly due to legal notice publications (4.15°/x), miscellaneous expense (40.77 %) and dues/subscriptions (57.34 %). B Promotions is well under budget because of the amount budgeted for the senior trust account and has not been spent. Payments were made for Phelps Bay milfoil treatment as well spirit of the lakes festival sponsorship. • C City Manager /Clerk is under budget due to duplicating and copies (57.13 %), telephone (5822 %), postage (34.33 %), and conferences & training (52.73 %). Dues & subscriptions is over budget at 130.42% as of the end of September. D Elections is under budget as of the end of September. There have been minimal expenses mainly due to postage and repairs & maintenance. E Finance is under budget at the end of September due to office supplies (29.21 %), salaries & related benefits ( -62 %) being under budget for this time of year due to the vacation purchase plan and allocating a portion of salary to the HRA. Althought these items are under budget, other items such as dues & subscriptions (143.33 %) and conferences & training (373.93 %) are well over budget. F Assessing is well over budget because Hennepin County was paid their 2009 assessing fees in July. Other charges include minimal charges for copies and postage. G Legal expenses is well under budget at the and of September. Legal fees are at 81.25% in total, however professional services (31.17 %) and board of prisoners (25.77 %) are both well under budget. H City hall building and services is well under budget as of the end of September. Repair & Maintenance supply (21.18 %), electirc utilities (62.06 %), building repairs (12.41 %) and repairs & maintenance (40.78%) are all under budget, wereas other contractual services (138.15 %) and janitorial services (78.99 %) are over budget for this time of year. 1 Computer is well under budget at the end of September because none of the server and other computer projects have been started. There are only minimal expenses for labor and operating supplies at this time. The amount expensed in September was for repairs and maintenance and other contractual services. J Police expenses are slightly under budget as of the end of September. Items under budget include office supplies (34.75 %), motor fuels (33.95 %), phones (62.20 %), other rentals (55.09 %) and janitorial services (30.60 %). Items which are over budget include duplicating & copies (80.86 %), dues & subscriptions (123.36 %), conferences & training (135.23 %), other contractual services (111.69 %) and capital outlay (93.64 %). The new squad car that was budgeted for capital outlay was purchased in July . Also, the 3rd quarter building rental was added at the end of September which brings building rentals line item to 75.28% at the end of September. K Police Reimbursements to date include drug task force yearly reimbursement (30,000), operation nightcap (3,245), safe & sober reimbursement (6,857), post board training reimbursement (5,153), Westonka schools crosswalk reimbursement (4,850), reimbursement for police security at the OLL Blast event (650) and Fletchers (1,379), and • reimbursement from the BCA (114). L Emergency prepardeness is over budget because the majority of expense related to Operation Black Cat being coded here. However, these expenses have been reimbursed. The total reimbursement for black cat was 13,143. The only expense items not related to black cat includes minimal expense for siren maintenance, electricity for the sirens, office & operating supplies, association dues and conference expense. M Planning and inspections is well under its budget due to building inspection fees (31.81 %), professional services (5.28 %), other contractual services (44.88 %) and phone (67.21 %) being under budget for this time of year. The only item over the budgeted amout for this time of year is conferences & training (124.95 %). The storage files which were in the capital outlay budget were also purchased and paid for in August, thus capital outlay is at 97.23% as of the end of September. N Streets are under budget at the end of September. Items under budget include operating supplies (6.56 %), motor fuels (37.84 %), repair and maintenance supply (11.54 %), electric (67.38 %), other contractual services (53.33 %), professional services (52.91 %), shop materials (47.52 %), and capital outlay (43.22 %). Items over budget include concrete sand (429.67 %) machinery & equipment repairs & maintenance (93.94 %), street maintenance materials (102.27 %), conferences & training (110.25 %) and deicing salt (83.88 %). Streets should come in at about 90% of budget at the end of the year given the savings in the two early retirements at the start of the year. O Parks is slightly under budget for this time of year. Items under budget include motor fuels (34.61 %), electric (13.88 %), repair and maintenance (51.24 %), other eqipment repairs (24.34 %), gas (47.06 %), garbage (28.97 %) and conferences & training (20.59 %). Items over budget for this time of year are office supplies (96.39 %), operating supplies (166.85°/x), clothing /uniforms (81.43 %), landscape material (131.44 %), machinery and equipment repair & maint. (109.95 %), legal notices (268.29 %) and capital outlay (81.52 %). All of the allocations from parks to the docks and cemetery funds were made in July with the exception of the part-time salary allocation to docks which will be calculated closer toward the end of the year. P In September there were funds expended for the wiring and camera installation at the skate park. Q Cemetery expenses appear well over budget for this time of year, however the yearly allocation of part-time salary and the related payroll expenses (PERA, HCSP) from the parks department were made during July. As for other expenses, repair and maintenance is at 43.36% of budget at the end of September and landscape material is at 31.95 %. R During September there was expense for other contractual services and capital outlay related to the installation of the skate park cameras and tree removal from the skate park. S Transfers are on budget. • T Cable TV is on budget because it is paid quarterly. The first quarterly payment was mad ein May and the second was paid in July. The third quarter payment will not be paid out until the beginning of October. U Expense for contingencies through September consist of fees for professional services for labor relations and mediation as well as miscellaneous expense for mowing various properties in the city and a large expense for abatement. The mowing charges will be billed and assessed to the owners of the respective properties. -2429- 10 14D -2430- CITY OF MOUND BUDGET REVENUE REPORT Sept. 2009 75.00% Sept. 2009 YTD PERCENT BUDGET REVENUE REVENUE VARIANCE RECEIVED GENERAL FUND Taxes 3,840,495 - 1,871,351 (1,969,144) 48.73% Business Licenses 18,100 425 17,395 (705) 96.10 % Non - Business Licenses /Permit 206,700 23,191 95,439 (111,261) 46.17% Intergovernmental 302,060 91,973 147,539 (154,521) 48.84% Charges for Services 89,400 1,040 87,148 (2,252) 97.48% Court Fines 75,000 4,923 42,865 (32,135) 57.15% Street Lighting Fee 135,000 15,364 112,226 (22,774) 83.13% Franchise Fees 298,000 7,455 178,800 (119,200) 60.00% G.O. Equipment Certificates 157,000 - 156,663 (337) 99.79% Charges to Other Dpts 12,000 1,818 6,599 (5,401) 54.99% Park Dedication Fees - - (125) (125) 0.00% Other Revenue 317,650 20,662 108,478 (209,172) 34.15% TOTAL REVENUE 5,451,405 166,850 2,824,377 (2,627,028) 51.81% FIRE FUND 1,038,710 125,161 1,103,722 65,012 106.26% DOCK FUND 167,450 (12,156) 174,997 7,547 104.51% MOUND HRA 78,829 (160,941) 288 (78,541) 0.37% WATER FUND 1,110,900 98,236 845,072 (265,828) 76.07% SEWER FUND 1,598,625 138,175 1,105,692 (492,933) 69.17% LIQUOR FUND 2,860,000 231,579 2,036,410 (823,590) 71.20% RECYCLING FUND 231,700 46,094 184,012 (47,688) 79.42% STORM WATER UTILITY 175,000 13,098 115,782 (59,218) 66.16% INVESTMENTS (Net of Exp) (14,700) 0 0 -2430- Explanations of Actual Revenues to Budget as of 9/30/09 A We received a portion of the first tax payment in June, the remainder of the first payment was received in July. The second property tax settlement will be received in December. Taxes are at 48.7% of budget, excluding the impact of MVHC unallotment. B Business Licenses are well over budget for this time of year because most of the liquor license revenue was received in June with a few items trickling in during July. Liquor license revenue makes up most of the revenue in this line item. There were a couple minor receipts in September for miscellaneous soliciting licence and temporary liquor license. C Non - Business licenses and permits is quite low for this time of year. Key items are as follows, Plan check fee (36.76 %), building permits (49.33 %), electrical permits (137.44 %), plumbing permits (54.00 %), heating permits (23.67 %), dog /cat licenses (75.91 %), grading /excavating permits (83.25 %). D Intergovernmental Revenue to date includes safe & sober reimbursement (6,857), operation nightcap reimbursement (3,245), reimbursement from the BCA (114), as well as operation black cat reimbursements (11,375), post board training reimbursement (5,153) and MSA streets funding (30,000), PERA State Aid (3,030) and Police State Aid (87,765). The total percentage of revenue received so far is low because of a large portion of the budget was MVHC (180,000) which the city will not be receiving because of unallotment. E Charges for services is quite high for this time of year, however, that is because antenna leases (111.77 %) are paid at the beginning of the year for the whole year. Other minor revenue amounts included here are dog kennel fees (72.30 %), assessment search fees (880.00°/x), dog pick up fees (13.75 %), and planning commission approval (22.00 %). F Court fines are low compared to budget for this time of year at about 54.96% (however they are given to us in the month after they are collected thus, we only have revenue through August included in this amount). Admin Citations are at 63.19% of the budgeted amount at the end of September and are expected to be short due to the change in legislation restricting the use of admin citations. G Street Lighting Fee revenue is over budget for this time of year, however, it has remained consistant through the year. H Franchise Fees are under budget for this time of year. The second quarter franchise fees were collected in July. Third quarter fees will be collected in October, with the exception of the centerpoint franchise fee which is collected monthly. The equipment certificates were sold for 2009 and the proceeds were received in June. J Charges to Other Departments is low for this time of year. Photocopies are charged back to departments monthly, and postage is charged quarterly. The first three quarters of postage charges have been reflected here. K There has been no revenue related to park dedication fees. L The other revenue receipts include refunds and reimbursements of $52,702 which is made up of a reimbursement from the Hennepin county drug task force (30,000), reimbursement of the Crosswalk officer from Westonka Schools (4,850), reimbursement from IKM for public works employees' hours worked (7,393), reimbursement from an insurance company for a light pole (8,243) and reimbursement for police detail at the OLL Blast and Fletchers (650, and 1,379, respectively). The remainder of miscellaneous revenues consists of admin charges to IKM ($20,000), accident report charges ($734), proceeds on sale of fixed assets ($9100), depot rental ($4,800), cemetery lot charges ($3,025), and interest earnings ($16,684). -2431- 401 l/ 1I u