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2012-11-27 CC Agenda PacketPLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA MOUND CITY COUNCIL TUESDAY, NOV. 27, 2012 - 7:00 PM REGULAR MEETING MOUND CITY COUNCIL CHAMBERS *Consent A en: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Page 1. Open meeting 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. *Consent A eg nda *A. Approve payment of claims 2584— 2602 *B. Approve minutes: November 13, 2012 regular meeting 2603-2607 *C. Adopt Resolution Declaring that Police Officer Meets All 2608-2609 of the Police and Fire Requirements of the Public Employee Retirement Association *D. Adopt Resolution to Approve the Letters of Agreement for 2610-2614 Prosecution and Forfeiture Services *E. Adopt Resolution to Approve Amendments to the 2615-2617 Administrative Code *F. Adopt Resolution Accepting Resignation, Declaring a Vacancy, 2618-2619 and Declaring the Vacancy to be Filled by Council Appointment *G. Approve cancellation of December 25, 2012 regular Council meeting *H. Set special meeting workshop(s) to interview candidates for the City Council vacancy: Jan 29, 2013 and Feb 5 2013, if needed 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker) 6. Action on Resolution Declaring Adequacy of Petition for Public Improvements 2620-2630 at Woodlyn Ridge PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 7. George Linkert on his ideas and intent for Mound 2631 -2632 8. Action on proposal to move city hall operations to the Public Safety Building A. Catherine Pausche, Finance Director, with staff report 2633 -2636 B. Vern Brandenberg and Pam Myers, representing the Westonka 2637-2645 Historical Society, proposing a rental agreement for portions of city hall 9. Fire Chief Greg Pederson with update on Mound Fire Department providing 2646-2647 Automatic Mutual Aid to the City of St. Bonifacius and the St. Bonifacius Fire Department, effective January 1, 2013 10. Information/Miscellaneous A. Comments /reports from Councilmembers /City Manager B. Minutes: C. Reports: D. Correspondence: Resignation by Matt Morris 2648 Nov 14, 2012 letter from City of Minnetrista 2649 11. Adjourn City of Mound Claims as of 11 -27 -12 1 YEAR BATCH NAME DOLLAR AMOUNT 2012 2012 2012 2012 0 Zoiz 2012 lu__� OCT12 -ELAN 9- 10BOLTMENK 1121CITYMAN NOVUBPOSTAGE 112712CITY 112712 H WS $ 2,169.29 $ 88,424.50 $ 22,298.00 $ 353.40 $ 71,541.40 $ 58,054.24 TOTAL CLAIMS 1 $ 242,840.83 S: \FINANCE DEPT\AP \CITY COUNCIL CLAIMS LISTING -2584- MOUND, MN 11/21/12 9:57 AM / Page 1 Payments $13.94 Invoice 10232012 10/23/2012 Cash Payment E 601 - 49400 -434 Conference & Training CITY OF MOUND $51.45 Current Period: October 2012 Batch Name OCT12 -ELAN User Dollar Amt $2,169.29 Cash Payment E 601 - 49400 -434 Conference & Training Payments Computer Dollar Amt $2,169.29 $323.13 $0.00 In Balance Refer 4 ELAN CREDIT CARD Ck# 053209 10/23/2012 Cash Payment E 601 - 49400 -434 Conference & Training Cash Payment E 101 - 41310 -434 Conference & Training Ritter - clerks conference lodging $197.66 Invoice 10232012 10/23/2012 Cash Payment E 609 - 49750 -322 Postage Stamps $9.00 Invoice 10232012 10/23/2012 $10.50 Cash Payment E 101 - 42110 -210 Operating Supplies Boatersworld.com $92.14 Invoice 10232012 10/23/2012 Transaction Date 10/23/2012 Cash Payment E 101 - 42110 -434 Conference & Training Maddens Resort $208.94 Invoice 10232012 10/23/2012 Cash Payment E 101 - 42110 -434 Conference & Training Le St Germain Hotel $181.06 Invoice 10232012 10/23/2012 Cash Payment E 101 - 42110 -321 Telephone & Cells www.landl.com - Internet service $35.97 Invoice 10232012 10/23/2012 Cash Payment E 101 -45200 -220 Repair /Maint Supply Northern Tool - miscellaneous parts $222.95 Invoice 10232012 10/23/2012 Cash Payment E 101 - 41500 -434 Conference & Training Pausche - GFOA conference registration $250.00 Invoice 10232012 10/23/2012 Cash Payment E 101 - 41500 -434 Conference & Training Pausche - GFOA conference lodging $115.43 Invoice 10232012 10/23/2012 Cash Payment E 101 - 41500 -434 Conference & Training Flaherty & Pausche - investment seminar $100.00 registration Invoice 10232012 10/23/2012 Cash Payment E 101 - 41500 -210 Operating Supplies 2013 planner $13.94 Invoice 10232012 10/23/2012 Cash Payment E 601 - 49400 -434 Conference & Training BP - Fuel for AWA Conference $51.45 Invoice 10232012 10/23/2012 Cash Payment E 601 - 49400 -434 Conference & Training Giese - AWA conference lodging $323.13 Invoice 10232012 10/23/2012 Cash Payment E 601 - 49400 -434 Conference & Training Berent - AWA conference lodging $357.12 Invoice 10232012 10/23/2012 Cash Payment E 101 - 43100 -433 Dues and Subscriptions DOT stickers for vehicles $10.50 Invoice 10232012 10/23/2012 Transaction Date 10/23/2012 Wells Fargo 10100 Total $2,169.29 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $1,428.59 601 WATER FUND $731.70 609 MUNICIPAL LIQUOR FUND $9.00 $2,169.29 Pre - Written Check $2,169.29 Checks to be Generated by the Computer $0.00 Total $2,169.29 -2585- LJ r • -2586- Cash Payment E 602 - 49450 -300 Professional Srvs I & I ANALYSIS; 2011 CIPP PROJECT SVCS $213.00 THRU OCT 12 2012 Invoice 0151966 10/31/2012 Cash Payment E 402 - 43120 -300 Professional Srvs MSA SYSTEM UPDATE SVCS THRU OCT 12 $497.00 2012 Invoice 0151969 10/31/2012 Cash Payment E 401 -43101 -300 Professional Srvs 2011 SW ISLAND STREET PROJ PW11 -01 $823.00 ENGINEER SVCS THRU OCT 12 2012 Invoice 0151971 10/31/2012 Project PW1101 Cash Payment E 401 -43127 -300 Professional Srvs 2011 HIGHLANDS STREET PROJ PW11 -02 $681.00 ENGINEER SVCS THRU OCT 12 2012 Invoice 0151972 10/31/2012 Project PW1102 Cash Payment E 675 - 49425 -300 Professional Srvs SURFACE WATER MGMT SVCS THRU OCT $1,014.00 122012 Invoice 0151973 10/31/2012 Cash Payment E 602- 49450 -500 Capital Outlay FA 2010 LIFT STATION IMPROV PROJECT $71.00 ENGINEERING SVCS THRU OCT 12 2012 Invoice 0151974 10/31/2012 Cash Payment E 602- 49450 -500 Capital Outlay FA 2011 LIFT STATIONS PROJECT PW 11- $639.00 03ENGINEERING SVCS THRU OCT 12 2012 Invoice 0151975 10/31/2012 Project PW1103 Cash Payment E 401 - 43112 -300 Professional Srvs 2012 NORTH ISLAND STREET PROJ. PW 12- $53,837.50 01 ENGINEERING SVCS THRU OCT 12 2012 Invoice 0151976 10/31/2012 Project PW1201 Cash Payment E 675 - 49425 -500 Capital Outlay FA 2012 STORM DRAIN IMPROV. PROJ PW 12- $818.00 05 ENGINEERING SVCSTHRU OCT 12 2012 Invoice 0151977 10/31/2012 Project PW1205 Cash Payment E 602- 49450 -500 Capital Outlay FA 2012 LIFT STATION PROJECTS PW12 -03 $2,719.00 ENGINEERING SVCS THRU OCT 12 2012 Invoice 0151978 10/31/2012 Project PW1203 Cash Payment E 675- 49425 -300 Professional Srvs WCA ADMINISTRATION STORMWATER $42.50 SVCS THRU OCT 12 2012 Invoice 0151964 10/31/2012 Cash Payment E 602- 49450 -300 Professional Srvs UPDATE STREET & UTILITY MAPS $445.00 ENGINEERING THRU OCT 12 2012 Invoice 0151967 10/31/2012 Project 12 -4 Cash Payment E 101 - 43100 -300 Professional Srvs GENERAL ENGINEERING SVCS THRU OCT $1,386.50 122012 Invoice 0151963 10/31/2012 Cash Payment G 101 -23259 5938 Idlewood 5938 IDLEWOOD MAJOR SUBDV ENGINEER $85.00 SVCS THRU OCT 12 2012 Invoice 0151968 10/31/2012 Cash Payment G 101 -23263 1909 Shorewood: Case 12 -2 1909 SHOREWOOD LANE ENGINEERING $71.00 SVCS THRU OCT 12 2012 Invoice 0151968 10/31/2012 • Cash Payment E 427 - 43121 -300 Professional Srvs 2012 CRACK & SEAL COAT PROJ PW 12 -06 $284.00 ENG SVCS THRU OCT 12 2012 Invoice 0151979 10/31/2012 Project PW1206 -2586- MOUND, MN 11/20/12 2:58 PM Payments Page 2 CITY OF MOUND Current Period: November 2012 Invoice 0151965 10/31/2012 Cash Payment E 101 - 43100 -300 Professional Srvs Invoice 0151970 10/31/2012 Cash Payment E 602 - 49450 -300 Professional Srvs GIS UPDATES ENGINEER SVCS THRU OCT 122012 2012 MCES GRANT PROGRAM 1/1 REDUCT ENGINEER SVCS THRU OCT 12 2012 $48.00 $2,447.00 Invoice 0151981 10/31/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $88,424.50 Fund Summary Pre - Written Check $0.00 Checks to be Generated by the Computer $88,424.50 Total $88,424.50 -2587- C, • • 10100 Wells Fargo 101 GENERAL FUND $1,590.50 401 GENERAL CAPITAL PROJECTS $76,937.50 402 MUNICIPAL ST AID ST CONSTUCT $497.00 427 SEAL COAT FUND $284.00 601 WATER FUND $707.00 602 SEWER FUND $6,534.00 675 STORM WATER UTILITY FUND $1,874.50 $88,424.50 Pre - Written Check $0.00 Checks to be Generated by the Computer $88,424.50 Total $88,424.50 -2587- C, • • • • Refer 1 BOYER FORD TRUCKS Cash Payment E 601 -49400 -500 Capital Outlay FA 2012 FORD F350 SUPERCAB PICKUP TRUCK $37,278.00 SILVER -WATER DEPT Invoice 11212012 11/21/2012 PO 24023 Cash Payment R 601- 49400 -39101 Sales of General Fixe LESS TRADE IN ALLOWANCE 2005 CHEVY - $15,000.00 Invoice 11212012 11/21/2012 PO 24023 Cash Payment E 601 - 49400 -500 Capital Outlay FA TRANSIT TAX 2012 FORD F350 SUPERCAB $20.00 PICKUP TRUCK SILVER -WATER DEPT Invoice 11212012 11/21/2012 PO 24023 Transaction Date 11/20/2012 Wells Fargo 10100 Total $22,298.00 Fund Summary 10100 Wells Fargo 601 WATER FUND $22,298.00 $22,298.00 Pre - Written Check $0.00 Checks to be Generated by the Computer $22,298.00 Total $22,298.00 -2588- MOUND, MN 11/20/1211:42 AM \ Payments Page 1 CITY OF MOUND Pre - Written Check $0.00 Checks to be Generated by the Computer $353.40 Total $353.40 $353.40 -2589- 01 *I 7 Batch Name 112712CITY User Dollar Amt $71,541.40 GAS SERVICE 9 -19 THRU 10 -18 -2012 Payments Computer Dollar Amt $71,541.40 Invoice 11272012 11/7/2012 $0.00 In Balance Cash Payment E 101 -41910 -383 Gas Utilities Refer 1 AMERICAN ENGINEERING TESTIN $327.08 Invoice 11272012 11/7/2012 Cash Payment E 401 -43112 -300 Professional Srvs 2012 STREET PROJ CONSTRUCTION SVCS- $791.10 GAS SERVICE 9 -19 THRU 10 -18 -2012 TESTING & ADDTL SOIL BORINGS PW 12 -01 Invoice 11272012 11/7/2012 Invoice 55172 6/30/2012 Project PW1201 Cash Payment E 609 - 49750 -383 Gas Utilities Cash Payment E 401 - 43112 -300 Professional Srvs 2012 STREET PROJ ENGINEER SVCS- $4,629.93 DETERMINE STRENGTH OF NEW CURB & Cash Payment E 101 -45200 -383 Gas Utilities GAS SERVICE 9 -19 THRU 10 -18 -2012 DEPOT GUTTER PIN 12 -01 Invoice 56548 10/31/2012 Project PW1201 Invoice 11272012 11/7/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $5,421.03 Refer 2 BECK, KENNETH _ $60.04 Invoice 11272012 11/7/2012 Cash Payment E 101 - 42110 -434 Conference & Training REIMB MEALS- K. BECK MPLS HC INV. $12.50 GAS SERVICE 9 -19 THRU 10 -18 -2012 TRAINING 11 -1 -12 Invoice 11272012 11/7/2012 Invoice 11272012 11/20/2012 Transaction Date 11120/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $12.50 Refer 3 BIFFS, INC PORTABLE RESTROO _ Cash Payment E 602 -49450 -230 Shop Materials Cash Payment E 101 - 45200 -410 Rentals (GENERAL) SKATEPARK BIFFS RENTAL & SVC OCT 17 $27.20 Project 12 -3 THRU NOV 13, 2012 • Transaction Date 11/20/2012 W479927 11/14/2012 $17.23 Refer 7 DOCK MASTERS OF LAKE MTKA, I •Invoice Cash Payment E 101 - 45200 -410 Rentals (GENERAL) SKATEPARK BIFFS RENTAL & SVC SEPT 5 $254.00 TAKE DOCK SECTIONS OUT FALL 2012 THRU OCT 16, 2012 Invoice 202337 11/9/2012 PO 22882 Invoice W477612 10/17/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $281.20 Refer 5 CENTERPO/NT ENERGY (MINNEG Cash Payment E 101 -45200 -383 Gas Utilities GAS SERVICE 9 -19 THRU 10 -18 -2012 $217.57 Invoice 11272012 11/7/2012 Cash Payment E 101 -41910 -383 Gas Utilities GAS SERVICE 9 -19 THRU 10 -18 -2012 $327.08 Invoice 11272012 11/7/2012 Cash Payment E 602 -49450 -383 Gas Utilities GAS SERVICE 9 -19 THRU 10 -18 -2012 $118.98 Invoice 11272012 11/7/2012 Project 12 -3 Cash Payment E 609 - 49750 -383 Gas Utilities GAS SERVICE 9 -19 THRU 10 -18 -2012 $34.39 Invoice 11272012 11/7/2012 Cash Payment E 101 -45200 -383 Gas Utilities GAS SERVICE 9 -19 THRU 10 -18 -2012 DEPOT $53.88 BLDG Invoice 11272012 11/7/2012 Cash Payment E 101 -42110 -383 Gas Utilities GAS SERVICE 9 -19 THRU 10 -18 -2012 $60.04 Invoice 11272012 11/7/2012 Cash Payment E 222 -42260 -383 Gas Utilities GAS SERVICE 9 -19 THRU 10 -18 -2012 $60.04 Invoice 11272012 11/7/2012 Transaction Date 11120/2012 Wells Fargo 10100 Total $871.98 Refer 6 CENTRAL MCGOWAN, WCORPOR Cash Payment E 602 -49450 -230 Shop Materials HIGH PRESSURE CYLINDER RENTAL $17.23 Invoice 00078800 10/31/2012 Project 12 -3 • Transaction Date 11/20/2012 Wells Fargo 10100 Total $17.23 Refer 7 DOCK MASTERS OF LAKE MTKA, I Cash Payment E 101 - 45200 -400 Repairs & Maintenance TAKE DOCK SECTIONS OUT FALL 2012 $518.00 Invoice 202337 11/9/2012 PO 22882 -2590- Cash Payment E 281 - 45210 -440 Other Contractual Servic TAKE DOCK SECTIONS OUT FALL 2012 $6,240.00 Invoice 202337 11/9/2012 PO 22882 Transaction Date 11/20/2012 Wells Fargo 10100 Total $6,758.00 Refer 38 DURKIN, DAVID _ Cash Payment E 40143112 -500 Capital Outlay FA 2012 STREET & RETAINING WALL IMPROV $7,650.00 PROJ- REPAIR RETAINING WALLS SW ISLAND PW 12 -01 Invoice 11272012 11/20/2012 Project PW1201 Cash Payment E 601 - 49400 -440 Other Contractual Servic REPAIR MODULAR RETAINING WALLS $4,710.00 BRIGHTON BLVD, PIPER, WARNER Invoice 11272012 11/20/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $12,360.00 Refer 8 EMERYS TREE SERVICE, INCORP Cash Payment E 101 -45200 -533 Tree Removal REMOVE BROKEN OAK LIMB ON PIN BLDG $272.53 ROOF Invoice 17669 11/17/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $272.53 Refer 9 G & K SERVICES _ Cash Payment E 609 -49750 -460 Janitorial Services Invoice 1006221766 11/12/2012 Cash Payment E 609 - 49750 -460 Janitorial Services Invoice 1006232825 11/19/2012 Cash Payment E 101 - 41910 -460 Janitorial Services Invoice 1006221770 11/12/2012 Cash Payment E 101 -45200 -218 Clothing and Uniforms Invoice 1006232831 11119/2012 Cash Payment E 101 -45200 -210 Operating Supplies Invoice 1006232831 11/19/2012 MAT SVC & SUPPLIES 11 -12 -12 MAT SVC 11 -19 -12 MAT SVC & SUPPLIES 11 -12 -12 UNIFORM SVC 11 -19 -12 SHOP SUPPLIES 11 -19 -12 $87.14 $58.58 • $196.89 $40.76 $61.63 Transaction Date 11/20/2012 Wells Fargo 10100 Total $445.00 Refer 10 G & K SERVICES _ Cash Payment E 101 -43100 -218 Clothing and Uniforms Invoice 1006221769 11/12/2012 Cash Payment E 601 -49400 -218 Clothing and Uniforms Invoice 1006221769 11/12/2012 Cash Payment E 602 -49450 -218 Clothing and Uniforms Invoice 1006221769 11/12/2012 Cash Payment E 602 -49450 -230 Shop Materials UNIFORM SVC 11 -12 -12 $24.40 UNIFORM SVC 11 -12 -12 $25.27 UNIFORM SVC 11 -12 -12 $71.19 SHOP SUPPLIES 11 -12 -12 $151.97 Invoice 1006221769 11/12/2012 Project 12 -3 Transaction Date 11/20/2012 Wells Fargo 10100 Total $272.83 Refer 11 GIESE, LEROY _ Cash Payment E 101 - 43100 -218 Clothing and Uniforms 2012 BOOT ALLOWANCE L. GIESE $135.99 Invoice 11272012 11/20/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $135.99 Refer 12 HENNEPIN COUNTY INFORMATIO Cash Payment E 101 -42110 -418 Other Rentals RADIO LEASE & ADMIN FEE OCT POLICE $877.92 DEPT Invoice 121038034 10/31/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $877.92 -2591- • -2592- MOUND, MN 11/21/1210:53 AM �y Page 3 \ Payments CITY OF MOUND Current Period: November 2012 Refer 36 HENNEPIN COUNTY TAXPAYERS Cash Payment G 101 -23260 4606 CARLOW RD. EXPAN ABSTRACT & TORRENS RESOLUTION $48.00 RECORDING -4606 CARLOW RD PC CASE #12 -17 Invoice 514 - 861824 11/1/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $48.00 Refer 37 HO/S/NGTON KOEGLER GROUP, I Cash Payment G 101 -23255 2125 Commerce- Animal Hos WESTONKA ANIMAL HOSPITAL 2125 $186.75 COMMERCE BLVD CUP PLANNING SVCS OCT 2012 Invoice 007 - 005 -52 11/8/2012 Cash Payment G 101 -23247 WALGREENS #11 -10 SEMP WALGREENS SEMPER DEVELOP PLANNING $83.00 SVCS OCT 2012 Invoice 007 - 005 -52 11/8/2012 Cash Payment G 101 -23259 5938 Idlewood 5938 IDLEWOOD MAJOR SUBDV PLANNING $1,460.95 SVCS OCT 2012 Invoice 007 - 005 -52 11/8/2012 Cash Payment E 101 - 42400 -300 Professional Srvs MISC PLANNING SVCS OCT 2012 $390.15 Invoice 007 - 001 -54 11/8/2012 Cash Payment G 101 -23265 Shoreline Dr. Subdivision SHORELINE DR. SUBDV PLANNING SVCS $166.00 OCT 2012 • Invoice 007 - 005 -52 1118/2012 Transaction Date 7/30/2012 Wells Fargo 10100 Total $2,286.85 Refer 35 /DR REALTY Cash Payment R 601 -49400 -36200 Miscellaneous Revenu REFUND UTILITY FINAL BILL OVERPYMT $26.43 5504 CHURCH RD Invoice 11272012 11/20/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $26.43 Refer 13 JESSEN PRESS INCORPORATED Cash Payment E 101 - 41110 -350 Printing CITY CONTACT NEWSLETTER 8 PG, OCT, $1,357.00 NOV, DEC 2012 EDITION, PRINT, FOLD,MAIL- 6,150 Invoice 35049 10/31/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $1,357.00 Refer 15 KOSKELA, DUSTIN Cash Payment E 101 - 45200 -438 Licenses and Taxes REIMB CLASS A DRIVERS LICENSE- $42.25 D.KOSKELA Invoice 11272012 10/24/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $42.25 Refer 33 KRAMER, ELLEN _ Cash Payment R 601 - 49400 -36200 Miscellaneous Revenu REFUND UTILITY FINAL BILL OVERPYMT $23.77 3143 DEVON LANE Invoice 11272012 11/20/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $23.77 Refer 16 LOFFLER COMPANIES, INCORPOR _ Cash Payment E 101 - 42400 -202 Duplicating and copying KONICA MINOLTA 8200 4TH FLOOR COPIER $16.46 B & WHT COPIES OVERAGE 10 -10 THRU 11 -9 Invoice 1481083 11/5/2012 -2592- Cash Payment E 602 -49450 -202 Duplicating and copying KONICA MINOLTA B200 4TH FLOOR COPIER $16.46 B & WHT COPIES OVERAGE 10 -10 THRU 11 -9 Invoice 1481083 11/5/2012 Project 12 -3 Transaction Date 11/20/2012 Wells Fargo 10100 Total $32.92 Refer 17 LOFFLER COMPANIES, INCORPOR Cash Payment E 101 -41910 -202 Duplicating and copying KONICA MINOLTA C652 MAIL ROOM COPIER $47.25 COLOR COPIES OVERAGE 10 -14 THRU 11 -13 Invoice 1484478 11/1212012 Cash Payment E 101 -41910 -202 Duplicating and copying KONICA MINOLTA C652 MAIL ROOM COPIER $113.08 B & W COPIES OVERAGE 10 -14 THRU 11 -13 Invoice 1484478 11/12/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $160.33 Refer 18 MADDEN, GALANTER, HANSON, L Cash Payment E 101 -49999 -300 Professional Srvs LABOR RELATIONS SERVICES SEPTEMBER $188.80 2012 Invoice 11272012 10/112012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $188.80 Refer 19 MINNESOTA WASTEWATER OPER Cash Payment E 602- 49450 -433 Dues and Subscriptions 2 YEAR ANNUAL DUES 2013 & 2014 MN $25.00 WASTEWATER OPERATORS ASSOC. R. Invoice 11272012 11/3/2012 PO 24037 HANSON • Transaction Date 11/20/2012 Wells Fargo 10100 Total $25.00 Refer 20 MOORE, CARLTON Cash Payment E 602- 49450 -434 Conference & Training REIMB MILEAGE, C. MOORE MPWA CONF $57.50 11 -15 THRU 11 -16 BROOK CTR Invoice 11272012 11/19/2012 Project 12 -3 Transaction Date 11/20/2012 Wells Fargo 10100 Total $57.50 Refer 21 MOUND FIRE RELIEF ASSOCIATIO Cash Payment E 222 -42260 -124 Fire Pens Contrib NOVEMBER 2012 FIRE RELIEF $11,968.75 CONTRIBUTION Invoice 11272012 11/21/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $11,968.75 Refer 22 MOUND MARKETPLACE LLC _ Cash Payment E 609 - 49750 -412 Building Rentals DECEMBER COMMON AREA MTCE & $1,024.25 INSURANCE HWS Invoice 11272012 11/14/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $1,024.25 Refer 4 MOUND, CITY OF _ Cash Payment E 609 - 49750 -382 Water Utilities WATER SERVICE 10 -1 -12 THRU 11 -1 -12 HWS $42.56 Invoice 11272012 11/20/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $42.56 Refer 23 NORLINGS LAKE MINNETONKA LA Cash Payment E 285 -46388 -440 Other Contractual Servic LANDSCAPE SVCS COMMERCE BLVD $424.83 RETENTION POND TRANSIT STATION MONTHLY MTCE • Invoice 27110 10/16/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $424.83 -2593- MOUND, MN Payments CITY OF MOUND Current Period: November 2012 Refer 24 OFFICE DEPOT 11/21/12 10:53 AM Page 5 Cash Payment E 609 -49750 -200 Office Supplies PAPER, LAMINATING POUCHES, $448.30 CALCULATOR PAPER SPOOLS, PRINTER Invoice 631050413001 11/1/2012 PO 24032 CARTRIDGES Invoice 631843171001 11/8/2012 PO 23440 DIVIDER TABS $8.55 Cash Payment E 101 - 41910 -200 Office Supplies 9 X 12 ENVELOPES, $43.80 Invoice 631288411001 11/5/2012 PO 24036 CALCULATOR $10.68 Cash Payment E 101 -41910 -200 Office Supplies 10 X 13 ENVELOPES, $27.24 Invoice 631288565001 11/5/2012 PO 24036 Wells Fargo 10100 Total $206.50 Transaction Date 11/20/2012 Wells Fargo 10100 Total $519.34 Refer 25 OFFICE DEPOT Cash Payment E 101 -41910 -200 Office Supplies 5 CASES COPY PAPER, PENS, $187.27 CALCULATOR, DIVIDER TABS Invoice 631050413001 11/1/2012 PO 24032 Cash Payment E 101-41310-200 Office Supplies DIVIDER TABS $8.55 Invoice 631050413001 11/1/2012 PO 24032 Cash Payment E 101 -42400 -200 Office Supplies CALCULATOR $10.68 Invoice 631050413001 11/1/2012 PO 24032 Transaction Date 11/20/2012 Wells Fargo 10100 Total $206.50 Refer 26 PREMIUM WATERS, INC. _ Cash Payment E 101 - 42110 -430 Miscellaneous POLICE DEPT HOT & COLD WATER COOLER $121.52 • RENTALS (2) NOV 2012 THRU JAN 2013 Invoice 614850 -10 -12 10/31/2012 Cash Payment E 101 - 41910 -210 Operating Supplies CITY HALL HOT & COLD WATER COOLER $121.52 RENTALS (2) NOV 2012 THRU JAN 2013 Invoice 604558 -10 -12 10/31/2012 Cash Payment E 101 - 41310 -210 Operating Supplies HOT & COLD WATER COOLER CITY MGR $63.30 RENTALS NOV 2012 THRU JAN 2013 Invoice 604558 -10 -12 10/31/2012 Cash Payment E 602- 49450 -210 Operating Supplies PUB WKS HOT & COLD WATER COOLER $60.76 RENTAL NOV 2012 THRU JAN 2013 Invoice 614851 -10 -12 10/31/2012 Project 12 -3 Transaction Date 11/20/2012 Wells Fargo 10100 Total $367.10 Refer 27 R.C. ELECTRIC, INCORPORATED Cash Payment E 285 - 46388 -400 Repairs & Maintenance REPAIR & REPLACE LAMPS AT MEMORIAL $420.19 PARK 11 -9 -12 Invoice 3582 11/13/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $420.19 Refer 28 STREICHER S Cash Payment Invoice Ii972310 Cash Payment E 101 - 42110 -218 Clothing and Uniforms 11/9/2012 PO 24128 E 101 - 42110 -218 Clothing and Uniforms PROTECTIVE VEST A. SWANSON 2 UNIFORM MOCK TURTLENECK SHIRTS J WITTKE $650.00 $49.98 Invoice 1970630 1.1/1/2012 P024138 Project PS2012 Cash Payment E 101 - 42110 -218 Clothing and Uniforms UNIFORM PANT & JACKET J. WITTKE $149.98 Invoice 1971951 11/7/2012 PO 24138 Project PS2012 •Transaction Date 11/20/2012 Wells Fargo 10100 Total $849.96 Refer 29 TRUE VALUE MOUND (POLICE) _ Cash Payment E 101 -42110 -210 Operating Supplies 8 WIPER BLADES FOR SQUADS $51.21 Invoice 098413 10/3/2012 -2594- Invoice 097619 -2 9/30/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $174.38 Refer 39 TRUE VALUE, MOUND (PW PKS) Cash Payment E 601 - 49400 -210 Operating Supplies MOUND, MN 11/21/1210:53 AM ✓.__.. ��` Page 6 Cash Payment E 602- 49450 -220 Repair /Maint Supply Payments $23.49 Invoice 099390 .... _ CITY OF MOUND E 601 - 49400 -220 Repair /Maint Supply 70W SODIUM BULB $59.83 Current Period: November 2012 11/5/2012 Cash Payment E 101 -42110 -210 Operating Supplies TRASH BAGS, HAND WIPES, WINDSHIELD $62.53 GLOVES, HIGHLIGHTERS, DININFECTANT, $60.71 FLUID, CLEANERS, GLOVES Invoice 098671 10/12/2012 Invoice 099421 11/6/2012 Cash Payment E 101 -42110 -210 Operating Supplies SCREWS, NUTS, BOLTS $7.67 Invoice 098851 10/18/2012 Invoice 099428 11/6/2012 Cash Payment E 101 - 42110 -210 Operating Supplies PUPPY CHOW $11.75 Invoice 098961 10/22/2012 Refer 40 TRUE VALUE, MOUND (PW PKS) _ Cash Payment E 101 -42110 -210 Operating Supplies SUPER GLUE, GARAGE DOOR LUBE $12.27 Invoice 099021 10/24/2012 Invoice 099530 11/8/2012 Cash Payment E 101 -42110 -210 Operating Supplies CABLE TIE, HD TAPE, SCREWS, NUTS, $25.95 2 PK 9V ALK BATTERY $9.07 BOLTS 11/8/2012 Invoice 099204 10/30/2012 Cash Payment E 101 -45200 -220 Repair /Maint Supply Cash Payment E 101 -42110 -200 Office Supplies ADJ CREDIT ALLOWANCE SEPT. STMT $3.00 Invoice 097619 -2 9/30/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $174.38 Refer 39 TRUE VALUE, MOUND (PW PKS) Cash Payment E 601 - 49400 -210 Operating Supplies WIRE STRIPPER $16.02 Invoice 099263 11/1/2012 Cash Payment E 602- 49450 -220 Repair /Maint Supply COLD CHISELS $23.49 Invoice 099390 11/5/2012 Cash Payment E 601 - 49400 -220 Repair /Maint Supply 70W SODIUM BULB $59.83 Invoice 099401 11/5/2012 Cash Payment E 602 -49450 -210 Operating Supplies GLOVES, HIGHLIGHTERS, DININFECTANT, $60.71 CLOROX WIPES, ELECTRONIC WIPES Invoice 099421 11/6/2012 Cash Payment E 101 -43100 -210 Operating Supplies 6V HD BATTERY $27.74 Invoice 099428 11/6/2012 Transaction Date 11/21/2012 Wells Fargo 10100 Total $187.79 Refer 40 TRUE VALUE, MOUND (PW PKS) _ Cash Payment E 609 -49750 -210 Operating Supplies TRASH BAGS, PERMATEX DRESSING $26.70 Invoice 099530 11/8/2012 Cash Payment E 601 -49400 -210 Operating Supplies 2 PK 9V ALK BATTERY $9.07 Invoice 099535 11/8/2012 Cash Payment E 101 -45200 -220 Repair /Maint Supply GREASE GUN KIT, MARINE GREASE $28.30 Invoice 099569 11/9/2012 Cash Payment E 101 -45200 -220 Repair /Maint Supply SCREWS, NUTS, BOLTS $1.82 Invoice 099595 11/9/2012 Cash Payment E 609 -49750 -210 Operating Supplies LIQ BLEACH, BOWL BRUSH, MOPHEAD, $47.55 SCRUBBER PADS, TRANS TAPE, REFILL, DISHSOAP, TOILET CLEANER Invoice 099931 11/19/2012 Transaction Date 11/21/2012 Wells Fargo 10100 Total $113.44 Refer 32 ULTRA CONCRETE, LLC Cash Payment E 601 -49400 -440 Other Contractual Servic REPLACE CURB & ASPHALT TO MAKE $1,920.00 WATER DRAIN Invoice 51 11/8/2012 Cash Payment E 601- 49400 -440 Other Contractual Servic MILL & REPAVE AREA Invoice 51 11/8/2012 -2595- • • $650.00 • Transaction Date 11/20/2012 Wells Fargo 10100 Total $4,890.15 Refer 34 XCEL ENERGY Cash Payment E 101 - 45200 -381 Electric Utilities _ MOUND, MN 11/21/1210:53 AM Invoice 447223367 11/13/2012 Page 7 ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 Payments DEPOT BLDG Invoice 447223367 11/13/2012 Cash Payment E 602- 49450 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $2,444.92 Invoice 447223367 11/13/2012 C(TY OF MOUND Cash Payment E 601 - 49400 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 Current Period: November 2012 Invoice 447223367 11/13/2012 Cash Payment E 222 - 42260 -402 Building Maintenance REPLACE SECTIONS OF SIDEWALK - PUB $1,000.00 $1,942.31 Invoice 447223367 11/13/2012 SAFETY BLDG Invoice 51 11/8/2012 $1,370.14 Invoice 447223367 11/13/2012 Cash Payment E 101 - 42110 -402 Building Maintenance REPLACE CURB & ASPHALT TO MAKE $1,000.00 $881.86 Invoice 447223367 11/13/2012 WATER DRAIN, MILL & REPAVE Invoice 51 11/8/2012 $881.86 Invoice 447223367 11/13/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $4,570.00 Refer 30 VERIZON WIRELESS Invoice 447223367 11/13/2012 Cash Payment E 222 - 42260 -321 Telephone & Cells DATALUX COMPUTER BROADBAND SVC $52.04 Invoice 447223367 11/13/2012 NOV 8 THRU DEC 7 FIRE DEPT Cash Payment E 101 - 42115 -381 Electric Utilities Invoice 2825805238 11/7/2012 $32.79 Invoice 447223367 11/13/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $52.04 Transaction Date 11/20/2012 Wells Fargo 10100 Total $4,890.15 Refer 34 XCEL ENERGY Cash Payment E 101 - 45200 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $125.45 Invoice 447223367 11/13/2012 Cash Payment E 101 -45200 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $50.48 • DEPOT BLDG Invoice 447223367 11/13/2012 Cash Payment E 602- 49450 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $2,444.92 Invoice 447223367 11/13/2012 Cash Payment E 601 - 49400 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $3,664.54 Invoice 447223367 11/13/2012 Cash Payment E 101 -43100 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $1,942.31 Invoice 447223367 11/13/2012 Cash Payment E 609 -49750 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $1,370.14 Invoice 447223367 11/13/2012 Cash Payment E 101 -42110 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $881.86 Invoice 447223367 11/13/2012 Cash Payment E 222 - 42260 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $881.86 Invoice 447223367 11/13/2012 Cash Payment E 101 -41910 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $997.41 Invoice 447223367 11/13/2012 Cash Payment E 285 - 46388 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $1,363.30 Invoice 447223367 11/13/2012 Cash Payment E 101 - 42115 -381 Electric Utilities ELECTRIC SERVICE 9 -25 -12 TO 10 -24 -12 $32.79 Invoice 447223367 11/13/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $13,755.06 • -2596- ! CITY OF MOUNT? Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 285 MOUND HRA 401 GENERAL CAPITAL PROJECTS 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND MOUND, MN Payments Current Period: November 2012 10100 Wells Fargo $18,766.61 $13,962.69 $6,240.00 $2,208.32 $13,071.03 $11,104.93 $3,048.21 $3,139.61 $71,541.40 Pre - Written Check $0.00 Checks to be Generated by the Computer $71,541.40 Total $71,541.40 -2597- 11/21/12 10:53 AM Page 8 • • • Refer 1 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $61.74 Invoice 460232109 11/16/2012 Cash Payment E 609 - 49750 -265 Freight FREIGHT $1.00 Invoice 460232109 11/16/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $62.74 Refer 2 AUTOMATED CONVEYING SYSTE Cash Payment E 609 -49750 -404 Machinery/Equip Repairs INSTALL NEW RIV ROLLER CHAIN ON $333.75 CONVEYOR BELT Invoice 12345 11/15/2012 Transaction Date 11/21/2012 Wells Fargo 10100 Total $333.75 Refer 3 BELLBOY CORPORATION Gash Payment E 609 -49750 -210 Operating Supplies SUPPLIES, BAGS $61.30 Invoice 87612900 11/16/2012 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX, $170.06 Invoice 87583400 11/12/2012 •Cash Payment E 609 -49750 -210 Operating Supplies SUPPLIES, BAGS $39.40 Invoice 87583400 11/12/2012 Cash Payment E 609- 49750 -210 Operating Supplies SUPPLIES, BAGS, SHELF STRIPS $229.55 Invoice 87579100 11/9/2012 Cash Payment E 609 -49750 -255 Misc Merchandise For R 6 BOTTLE WINE TOTE RETURN - $30.00 Invoice 87578000 11/8/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $470.31 Refer 4 BELLBOY CORPORATION Cash Payment E 609 - 49750 -265 Freight FREIGHT $7.65 Invoice 75844200 11/9/2012 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $608.00 Invoice 75844200 11/9/2012 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $302.14 Invoice 75845300 11/9/2012 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $4,608.09 Invoice 75857100 11/12/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT $2.55 Invoice 75845300 11/9/2012 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,022.60 Invoice 75937600 11/16/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT $14.35 Invoice 75937600 11/16/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $6,565.38 Refer 5 BERNICKS BEVERAGES AND VEN Cash Payment E 609 - 49750 -252 Beer For Resale BEER $375.16 • Invoice 25787 11/8/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $174.40 Invoice 25786 11/8/2012 -2598- -2599- MOUND, MN 11/21/1211:38 AM Payments Page 2 • CITY OF MOUND Current Period: November 2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $549.56 Refer 6 CHISAGO LAKES DISTRIBUTING C Cash Payment E 609 -49750 -252 Beer For Resale BEER $863.95 Invoice 487254 11/15/2012 Transaction Date 11/21/2012 Wells Fargo 10100 Total $863.95 Refer 7 COCA COLA BOTTLING - MIDWEST Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa COKE PRODUCTS- MIX $283.32 Invoice 0128057306 11/15/2012 Transaction Date 11/21/2012 Wells Fargo 10100 Total $283.32 Refer 8 DAHLHEIMER BEVERAGE LLC Cash Payment E 609 -49750 -252 Beer For Resale BEER $318.20 Invoice 1044727 11/19/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $150.00 Invoice 8719 11/16/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $216.00 Invoice 8568 11/9/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $684.20 Refer 9 DAYDISTR/BUTING COMPANY _ Cash Payment E 609 - 49750 -252 Beer For Resale BEER $66.30 Invoice 676662 11/13/2012 • Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,805.60 Invoice 676661 11/13/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $44.80 Invoice 677755 11/20/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $1,596.40 Invoice 677754 11/20/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $3,513.10 Refer 10 EXTREME BEVERAGE Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $101.00 Invoice W- 649305 11/14/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $101.00 Refer 11 GRAPE BEGINNINGS, INCORPORA _ Cash Payment E 609 - 49750 -253 Wine For Resale WINE $456.00 Invoice 146130 11/14/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT $6.75 Invoice 146130 11/14/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $462.75 Refer 12 JJ TAYLOR. DISTRIBUTING MINN Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,404.75 Invoice 1956441 11/13/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $5,521.24 Invoice 1956483 11/19/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $7,925.99 Refer 13 JOHNSON BROTHERS LIQUOR • Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $5,063.25 Invoice 1435267 11/14/2012 -2599- •Cash Payment E 609 -49750 -253 Wine For Resale WINE CREDIT - $111.00 Invoice 8376181 11/16/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT CREDIT -$1.25 Invoice 8376181 11/16/2012 -2600- MOUND, MN 11/21/1211:38 AM Page 3 Payments • r �rer�• CITY OF MOUND Current Period: November 2012 Cash Payment E 609- 49750 -253 Wine For Resale WINE $3,608.45 Invoice 1435268 11/14/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $8,671.70 Refer 14 JOHNSON BROTHERS LIQUOR Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX CREDIT -$2.71 Invoice 554527 11/2/2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE CREDIT - $40.60 Invoice 554529 11/2/2012 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $90.75 Invoice 1435269 11/14/2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE CREDIT -$7.63 Invoice 554528 11/2/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $39.81 Refer 15 MARLIN S TRUCKING DELIVERY Cash Payment E 609 -49750 -265 Freight DELIVERY SVCS 11 -8 -12 $223.35 Invoice 27179 11/8/2012 Cash Payment E 609 -49750 -265 Freight DELIVERY SVCS 11 -12 -12 $58.80 Invoice 27187 11/12/2012 Cash Payment E 609 -49750 -265 Freight DELIVERY SVCS 11 -15 -12 $345.60 •Invoice 27205 Transaction Date 11/15/2012 11/20/2012 Wells Fargo 10100 Total $627.75 Refer 16 MINNEHAHA BUILDING MAINTENA Cash Payment E 609 - 49750 -440 Other Contractual Servic WASH WINDOWS EXTERIOR, ENTRY IN & $65.19 OUT 10 -22 -12 Invoice 928004038 11/11/2012 Transaction Date 11/21/2012 Wells Fargo 10100 Total $65.19 Refer 17 MUZAK - MINNEAPOLIS Cash Payment E 609 - 49750 -440 Other Contractual Servic DECEMBER MUSIC SERVICES $108.94 Invoice AE37292 12/1/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $108.94 Refer 18 OLVALDE FARM & BREWING CO. Cash Payment E 609 - 49750 -252 Beer For Resale BEER $84.00 Invoice 563 11/12/2012 Transaction Date 11/21/2012 Wells Fargo 10100 Total $84.00 Refer 19 PAUSTIS AND SONS WINE COMPA Cash Payment E 609 -49750 -253 Wine For Resale WINE $87.00 Invoice 8374959 11/11/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT $2.25 Invoice 8374959 11/11/2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE $792.00 Invoice 8374978 11/12/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT $10.00 Invoice 8374978 11/12/2012 •Cash Payment E 609 -49750 -253 Wine For Resale WINE CREDIT - $111.00 Invoice 8376181 11/16/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT CREDIT -$1.25 Invoice 8376181 11/16/2012 -2600- -2601- MOUND, MN 11/21/1211:38 AM �-•-"� ��� Payments Page 4 CITY OF MOUND Current Period: November 2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $779.00 Refer 20 PHILLIPS WINE AND SPIRITS, INC _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,241.81 Invoice 2333924 11/14/2012 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $367.00 Invoice 2333923 11/14/2012 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,089.50 Invoice 2333925 11/14/2012 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $355.40 Invoice 2331097 11/9/2012 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR CREDIT RED INVC #2912059 06 -2010 -$2.69 Invoice 3493979 11/9/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $4,051.02 Refer 21 SOUTHERN WINE & SPIRITS OF M Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,228.00 Invoice 1961458 11/15/2012 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $2,189.91 Invoice 1949747 11/15/2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE $328.00 Invoice 1961447 11/15/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $3,745.91 • Refer 22 THORPE DISTRIBUTING COMPAN _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,821.65 Invoice 722529 11/13/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $57.10 Invoice 722530 11/13/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $119.00 Invoice 00774558 11/1612012 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $18.00 Invoice 722530 11/13/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $2,015.75 Refer 23 VINOCOPIA, INCORPORATED Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $192.08 Invoice 0067191 11/15/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT $2.50 Invoice 0067191 11/15/2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE OVERPAYMENT INV 0066132 - $12.00 Invoice 0066132 11/1/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $182.58 Refer 24 WINE COMPANY _ Cash Payment E 609 - 49750 -253 Wine For Resale WINE $390.67 Invoice 315090 11/15/2012 Cash Payment E 609 - 49750 -265 Freight FREIGHT $6.30 Invoice 315090 11/15/2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE $424.00 • Invoice 314991 11/15/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT $8.40 Invoice 314991 11/15/2012 -2601- Cash Payment Invoice 431966 Cash Payment Invoice 432985 Cash Payment Invoice 432986 Cash Payment Invoice 431967 E 609 - 49750 -253 Wine For Resale WINE 11/14/2012 E 60949750 -253 Wine For Resale WINE 11/20/2012 E 609- 49750 -254 Soft Drinks /Mix For Resa MIX 11/20/2012 E 609- 49750 -254 Soft Drinks /Mix For Resa MIX 11/14/2012 $2,064.00 $408.00 $15.75 $31.50 Transaction Date 11/20/2012 Wells Fargo 10100 Total $2,519.25 Refer 26 WIRTZ BEVERAGE MN BEER Cash Payment E 609- 49750 -252 Beer For Resale BEER $4,355.40 Invoice 982589 11/14/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $43.00 Invoice 982590 11/14/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $6,542.00 Invoice 981423 11/12/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $10,940.40 27 WIRTZ BEVERAGE MN WINE SPIRT •Refer Cash Payment E 609 -49750 -253 Wine For Resale WINE $867.72 Invoice 136309 11/15/2012 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $723.12 Invoice 136308 11/15/2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE CREDIT - $13.32 Invoice 872195 11/6/2012 Transaction Date 11/20/2012 Wells Fargo 10100 Total $1,577.52 Fund Summary 10100 Wells Fargo 609 MUNICIPAL LIQUOR FUND $58,054.24 $58,054.24 Pre - Written Check $0.00 Checks to be Generated by the Computer $58,054.24 Total $58,054.24 C7 -2602- Y • 5341 MAYWOOD ROAD CITY OF MOUND MOUND, MN 55364 -1687 PH: (952) 472-0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com DATE: November 21, 2012 TO: Mayor and City Council FROM: Collette Roberts, Benefits Coordinator RE: Phil Spanjers PT Certification The City of Mound is required under Minnesota Statute to provide written certification of the eligibility for retirement plan membership of employees who contribute to the Police and Fire PERA Plan based on positions that are not full -time police officers or firefighters. This is required to be declared in writing to PERA through a resolution. • Membership in the PERA Police and Fire Plan plan is to be restricted to persons who hold positions in which the duties require a high degree of physical conditioning and frequent exposure to a high degree of danger or peril. • An agency's governing body must adopt and submit to PERA a resolution certifying the eligibility of police officers who are classified part -time, who are required to hold POST Board licenses, and who have as their primary duty (meaning over 50 %) active enforcement of the criminal laws of the state. Phillip S. Spanjers was hired by the City of Mound Police Department as a part -time police officer on September, 9, 2012. Tprinted on recycled paper -2608- MOUND CITY COUNCIL MINUTES • November 13, 2012 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 13, 2012, at 7:00 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers Kelli Gillispie, Ray Salazar, Heidi Gesch, and David Osmek. Others present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, City Engineer Dan Faulkner, Finance Director Catherine Pausche, Maurice Gunderson, Tim McMillen, Dwight Walgamuth, Shawn & Erin Seiler, Dan Scherven, Brian Lieder, Valerie Maddock, Jamie Cameron, Derrick & Melissa Hentz, Ben Page, Ann Brostom, Valerie Bren, Anna Streich, Rich Hunt, Sue Lynott, Peggy Jones, Steve Solmonson, Caylor Zimmerman, Robert Meyer, Gina & Mark Anderson, Dave Barrett, Gregg & Lori Maloney, Joleen Stadsklev, Mark Tighe Crea, Scott Murphy, Collette Roberts, Sam Lungstrom, Allie Brady, Katie Kuhbander, Brad Zabilla, Blaze Fugina, Juhl Stoesz, Tracy Hrezda, Jamie Fischer, Margo Hopkins, John McKinley, Deborah Debellis, Ory Burma, T &B Dulebohn, Vicki Weber, Todd Schallberg 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 7:10 p.m. 2. Pledge of Allegiance 3. Approve agenda Osmek requested the addition of Item 10A, Council resignation and discussion. MOTION by Osmek, seconded by Gesch to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda MOTION by Osmek, seconded by Salazar to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $352,903.21 B. Approve minutes of the October 23, 2012 regular and November 7, 2012 special meetings. C. Approve Labor Agreement between the City of Mound and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local 320 (Public Works Union) for 2011 -2012 D. ORDINANCE 09 -2012 — ORDINANCE AMENDING CHAPTER 78 OF THE MOUND CITY CODE AS IT RELATES TO WATERWAYS E. Approve Pay Request No. 6 by GMH Asphalt Corporation, in the amount of $512,419.18, for work on the 2012 Street, Utility, Lift Station and Retaining Wall Improvement Project (PW- 12 -01, 12-03,12-04) 5. Comments and suggestions from citizens present on any item not on the agenda. • None were offered. -2603- Mound City Council Minutes — November 13, 2012 • 6. Action on Resolution of Appreciation for the Mound Centennial Celebration MOTION by Salazar, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. Mayor Hanus read the resolution aloud. RESOLUTION NO. 12 -94: RESOLUTION EXPRESSING APPRECIATION TO THOSE VOLUNTEERING IN THE MOUND CENTENNIAL CELEBRATION 7. Public Hearing — 2013 Street, Utility and Retaining Wall Improvement Proiect — Improvement Hearing City Engineer Dan Faulkner reviewed the proposed improvements, the proposed schedule, and the engineer's estimate of the unit assessment. Mayor Hanus opened the public hearing at 7:34 p.m. Deborah Debellis, 4600 Aberdeen Road, asked about the assessment payment procedure and the terms of the assessment. Mayor Hanus informed her of the process, and stated that the 2011 project was assessed over 15 years at 5% interest. Gina Anderson, 2873 Essex Lane, stated they've been living in their house for 23 years and continually dealing with horrible drainage problems. Faulkner stated he has met with the Andersons and the engineers are aware of the problem and it will be part of the improvement. Todd Schallberg, 4746 Richmond Road, stated he has talked to the City several times and is dissatisfied with the butchering of trees along Bradford. He asked if the corner will be • straightened out and Carlton Moore stated that the street will not be realigned. Tom Dulebohn, 4448 Radnor Road, stated there are three trees right against his curb and asked if those would be torn out to make room for construction. If they are taken out, he asked if he is responsible for the cost. He was told that the trees are saved if at all possible, and if they do need to be removed the cost is added to the total project cost. Joleen Stadsklev, 4731 Manchester Road, asked the Council to consider putting speed bumps on Manchester Road because the rate of travel is 45 -50 mph. She also suggested a stop sign at Stratford and Manchester. Osmek stated that he will have the Police look into it. Sue Lynott, 4561 Manchester, feels that people won't stop at stop signs and also expressed concern over the excess speed. Scott Murphy, 4705 Bedford Rd, asked what they could expect as far as access to their homes. Moore stated that there is typically access every morning and every evening for access. Murphy also stated he has made some repairs to the retaining wall himself and feels it should be evaluated. Moore will contact him. Steve Solmonson, 4609 Bedford, asked why one street is not done, then move to another rather than have the whole are dug up at once. He was informed that it's cheaper to do the whole area. Richard Hunt, 4638 Bedford, stated he has drainage problems. He's in the middle of the block, • and the lowest of the block, and gets water running down his driveway and out into his back yard. Moore told him his problem would be addressed. -2604- Mound City Council Minutes — November 13, 2012 Jamie Cameron, 3037 Drury, stated her biggest question was about quality and asked if the • cheapest bid is just accepted. She stated that a retaining wall was replaced before and was only rebuilt to the height at which it had collapsed. When it was backfilled they did it all in rock so nothing will grow. Faulkner explained that his firm is the engineer and inspector of the project and it's their responsibility to see that the contractor is performing to standards. Wayne Olson, 3006 Inverness, asked how corner lots were assessed and Moore explained the policy on corner lots to him. Tracy Lehtola, 4684 Bedford, asked what is involved when a fire hydrant is replaced and Moore explained the process to her. Vince Forystek, 3131 Inverness, presented a handout to the Council showing his concern about drainage and water pressure buildup at the dead end of Paisley Road. He has numerous lots in the area and expressed that it doesn't seem right to be assessed for a street that doesn't have sanitary sewer or water running through it. Moore informed him that the assessment is not for the utilities, only the street. He also stated that one of the lots is 6,000 sq. ft, which is less than the 10,000 foot minimum for a buildable lot. Forystek stated he will meet with Moore and show him what he is concerned with. Derrick Hentz, 4655 Cumberland Rd, stated that a 4 -way stop sign at Cumberland and Stratford would be a good idea. He then asked for clarification of what is meant by an assessment unit and that was explained to him. Dave Ostvig, 4718 Hampton, stated that the apron on his driveway is higher than most of the garage, so he gets water running over the apron and down the driveway. Moore will take a look at this issue. Ostvig also asked if the second phase is the overlay and was told that it was, and the overlay will be applied in 2014. Brian Lieder, 4711 Manchester, stated he plans on selling his house at the end of next year, and asked when the assessment will be applied. He was informed of the process and that this is a legal pending assessment after it is ordered this evening. Anna Streich, 3120 Devon, asked about the water main as many in the neighborhood have bad water pressure. Moore informed her of the watermain improvements and that is the best thing that can be done to improve water pressure. Brad Zabilla, 4441 Lamberton Rd, is on a double lot and was asked if he will get two assessments. He was told that he will receive one because it's all one PID number. Zabilla also stated that his driveway is in bad shape and he was told that he can work directly with the contractor on that issue. Valerie Maddock, 3212 Devon, asked how far back the curb work goes into the boulevard because she was thinking about doing some landscaping there. Moore stated that he hesitates to tell her to go ahead with landscaping and that it may be best to wait until after the construction. Richard Hunt, 4638 Bedford, asked how many assessments he has and was told he has one. Upon no further comment, Mayor Hanus closed the public hearing at 8:28 p.m. • -2605- Mound City Council Minutes — November 13, 2012 • MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 12 -95: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2013 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT — SE ISLAND AREA 8. 2013 Budget- Related Topics Catherine Pausche presented three items to the Council, with no action asked for at this time: A. Discussion on proposed utility rates for 2013 — there is a $5.20 increase proposed, making the monthly average based on water use of 15,000 gallons per quarter, to $73.62. B. Discussion on proposed changes to Administrative Code — there were four areas targeted for proposed change; employer contribution to Post Retirement Health Care Savings Plan, payout of sick hours over a specified amount on an annual basis, severance pay on sick accruals; and educational incentives. C. Discussion on responses to the RFP for Prosecution Legal Services — with staff recommending Kenneth Potts. 9. Discussion on 2013 Stop -Gap Measures for aquatic invasive species, as requested by Minnehaha Creek Watershed District The Council expressed concern over whose role it is to control invasive species. It is the feeling that it should be a state -wide program, probably from the DNR, rather than spread over various agencies. It was the consensus of the Council that the Mayor respond to the MCWD expressing their concerns. • 10. Canvass Returns of November 6, 2012 Election MOTION by Hanus, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 12 -96: RESOLUTION TO CANVASS RETURNS AND DECLARE THE RESULTS OF THE MUNICIPAL ELECTION OF NOVEMBER 6, 2012 10A. Council Resignation Osmek read his letter of resignation from his seat on the Mound City Council due to his election to the State Senate, effective at midnight on January 7, 2013. MOTION by Hanus, seconded by Gesch to accept the resignation of Councilmember Osmek, effective at midnight on January 7, 2013. All voted in favor. Motion carried. MOTION by Hanus, seconded by Gesch to declare a vacancy on the Mound City Council effective January 7, 2013. The following voted in favor: Gillispie, Salazar, Hanus, and Gesch. The following voted against: None. Osmek abstained from voting. Motion carried. Hanus reviewed the three options available to fill the Council vacancy; hold a special election, take applicants and Council name replacement until next regular election; or leave the position vacant. He stated in the past applications were taken and the Council appointed a replacement. MOTION by Hanus, seconded by Salazar to take applications for the vacant Council seat with . interviews and selection to be held at a future date. The following voted in favor: Gillispie, -2606- Mound City Council Minutes — November 13, 2012 Salazar, Hanus, and Gesch. The following voted against: None. Osmek abstained from voting. Motion carried. • 11. Information /Miscellaneous A. Comments /reports from Councilmembers /City Manager B. Minutes: None C. Reports: Finance Dept — Oct. 2012 Liquor Store — Oct 2012 D. Correspondence: None 12. Adiourn MOTION by Osmek, seconded by Gesch to adjourn at 9:03 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -2607- • • CITY OF MOUND • RESOLUTION NO. 12 -_ RESOLUTION DECLARING THAT POLICE OFFICER MEETS ALL OF THE POLICE AND FIRE REQUIREMENTS OF THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below. NOW, THEREFORE BE IT RESOLVED that the City of Mound hereby declares that the position titled Police Officer, currently held by Phillip S. Spanjers, meets all of the following Police and Fire membership requirements: 1. Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed; 2. Said position's primary (over 50 %) duty is to enforce the general criminal laws of the state; 3. Said position charges this employee with the prevention and detection of crime; 4. Said position gives this employee the full power of arrest, and 5. Said position is assigned to a designated Police Department. BE IT FURTHER RESOLVED that this governing body hereby requests that the above -named • employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee's initial Police and Fire salary deduction by the governmental subdivision. Adopted by the City Council this 27th day of November, 2012. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -2609- • • CITY OF MOUND RESOLUTION NO. 12 - RESOLUTION TO APPROVE THE LETTERS OF AGREEMENT FOR PROSECUTION AND FORFEITURE SERVICES WHEREAS, The City of Mound issued a request for proposal for prosecution and forfeiture services, and WHEREAS, a committee of the City of Mound evaluated the proposals received with regard to cost and qualifications of the attorneys, and WHEREAS, the committee recommended attorney Kenneth N. Potts, P.A., NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby approves the letters of agreement for prosecution and forfeiture services with Kenneth N. Potts, P.A., for the period December 1, 2012, through December 31, 2015, as shown in Attachments A and B, respectively. Adopted by the City Council this 27th day of November, 2012. is Attest: Bonnie Ritter, City Clerk -2610- Mayor Mark Hanus KENNETH N. POTTS, P.A. Attorney at Law To the Mound City Council, ATTACHMENT A PAGE 1 OF 3 5101 Thimsen Avenue Suite 200 MINNETONKA, MINNESOTA 55345 TELEPHONE (952) 474 -4240 'rELECOPIER (952) 474 -0987 LETTER OF AGREEMENT As a duly licensed attorney to practice law in the State of Minnesota, I agree to perform all the duties out lined below for the City of Mound upon appointment by the City Council. Further I agree to the following: 1. Provision of Services. Kenneth N. Potts will provide all of the personnel, office space, and supplies necessary to prosecute the criminal offenses for which the City is responsible, including enforcement of the City's codes or ordinances. In addition, Kenneth N. Potts will provide legal advice and training regarding criminal law to the City's departments which have law enforcement and code enforcement duties. On occasion, Kenneth N. Potts may subcontract for assistance from other attorneys. Kenneth N. Potts will provide the identities of these individuals in advance to the City. The City will not incur any additional fees for this sub- contract work. basis. 2. Fees. The City of Mound will pay $50,000.00 to Kenneth N. Potts on an annual The City will pay $4,000 to Kenneth N. Potts for prosecution services through December 31, 2012. After December 31, 2012 the fees will be paid on a quarterly basis beginning March 31, 2013 as follows: Date Mound March 31, 2013 $12,500.00 June 30, 2013 $12,500.00 September 30, 2013 $12,500.00 December 31, 2013 $12,500.00 March 31, 2014 $12,500.00 June 30, 2014 $12,500.00 September 30, 2014 $12,500.00 December 31, 2014 $12,500.00 -2611- • U • • March 31, 2015 $12,500.00 June 30, 2015 $12,500.00 September 30, 2015 $12,500.00 December 31, 2015 $12,500.00 ATTACHMENT A PAGE 2 OF 3 The fees will be for all of the services described in paragraph 2, except that the City will be responsible for the following: a. All costs of any appeal. Before pursuing any such appeal Kenneth N. Potts must receive approval from the City Manager or his /assignee. If the City is the Respondent the city will pay all costs of the appeal. Kenneth N. Potts will charge $95.00 per hour for attorney fees incurred on appeal. b. Any conflict that arises as a result of the relationship of Kenneth N. Potts with the alleged perpetrator shall be borne by Kenneth N. Potts and the City will not incur any additional attorney's fees. However, if the conflict arises as a result of an individual with a relationship to the City or for any other reason then the City will bear the cost of the conflict prosecutor and that amount shall not exceed $95.00 per hour. 3. Term. This agreement will begin December 1, 2012 and conclude December 31, 2015. 4. Termination. The City may terminate this agreement if Kenneth N. Potts fails to perform the services provided in paragraph 2 above by giving 60 days advance written notice of termination to all of the other parties. The city will not be responsible for paying fees during any time that Kenneth N. Potts fails to provide it the required services. Kenneth N. Potts may terminate the agreement if the City fails to pay the fees due within 60 days after Kenneth N. Potts notifies the City in writing, of the delinquent payment. At Kenneth N. Potts' option, termination by any party voids the agreement as to all parties, upon 60 days advance written notice from Kenneth N. Potts. 5. Exchange of Data. The City will provide all information, data, and reports necessary for the prosecution services, including police reports and arrest records, to Kenneth N. Potts without charge. The parties will cooperate with each other in every way possible to assist in the provision of these prosecution services. 6. Confidentiality. Kenneth N. Potts will maintain the confidentiality and privacy of documents which the City provides, in accordance with the Minnesota Data Practices Act. 7. Insurance. Kenneth N. Potts will maintain professional liability insurance throughout his representation of the City. -2612- 8. the parties. ATTACHMENT A PAGE 3 OF 3 Amendment. This agreement may be amended only in writing signed by all of Dated: (I- J� , I - By Kenneth N. Potts Attorney at Law -2613- • ATTACHMENT B PAGE 1 OF 1 • KENNETH N. POTTS, P.A. 5101 Thimsen Avenue Attorney at Law Suite 200 MINNETONKA, MINNESOTA 55345 TELEPHONE (952) 474 -4240 TELECOPIER (952) 474 -0987 LETTER OF AGREEMENT IN REGARD TO FORFEITURES • To the Mound City Council The Council has determined that it is in the best interests of its citizens that vehicles being driven by multiple DWI offenders be forfeited to the City. I agree to pursue forfeiture actions as set forth in Minn. Stat. § 169A.63. This would include the following services: a) Defending the Petition for Judicial Determination. b) Bringing the appropriate motions. C) Trying the case to the Court. d) Filing all appellate pleadings, if necessary. e) Obtaining appropriate title so the vehicle can be sold or maintained as set forth in the statute. 0 Entering into buy back negotiations if it is in the best interests of the City. Compensation. The City shall pay attorney Kenneth N. Potts $85.00 per hour plus expenses, if any, to represent it in these forfeiture actions. In no event will the city pay more than the 30% which is withheld from auction or a buy back pursuant to 169A.63, Subd. 10(2). The City is under no statutory obligation to pay fees in excess of the 30% received from the sale or buy back of the vehicle. Term of Employment. The City employs Kenneth N. Potts as the attorney to represent it in these forfeiture actions beginning December 1, 2012 and ending on December 31, 2015. Termination. Should the City discover that the costs of pursuing these forfeiture actions outweigh the benefits the City may terminate this agreement immediately. Sincerely, . -� A Kenneth N. Potts, P.A. -2614- Date P- - /6. 1 2 l c ef w? ,nt i MOTO] WA 10 lim RESOLUTION TO APPROVE AMENDMENTS • THE ADMINISTRATIVE CODE WHEREAS, pursuant to Minnesota State Statute 412.651, the City Manager of the City of Mound ("City") is authorized to propose an administrative code and amendments thereto that provide the details of the City's administrative proceedings to the City Council for its adoption; and WHEREAS, on July 10, 1984, the City Council of the City adopted its Administrative Code (Resolution #84-105) and has since adopted several amendments to its Administrative Code; and WHEREAS, the purpose of the Administrative Code is to insure uniform and equitable personnel policies and administration for all employees of the City except that the Administrative Code does not apply to any recognized bargaining unit covered by a labor agreement unless specifically stated by the individual bargaining unit contract; and WHEREAS, the Administrative Code authorizes and directs the City Manager to administer the Administrative Code; and WHEREAS, pursuant to Section 29.4 of the Administrative Code, the appropriate meetings have taken place and the proposed changes to the administrative code have been approved by the Personnel Committee of the City on November 7, 2012, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby approves the proposed amendments to the City of Mound Administrative Code as contained in the attached Exhibit A, to go into effect January 1, 2013, and that such policy is to remain in effect until amended by further resolution by the City Council. Adopted by the City Council this 27th day of November, 2012. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk • EXHIBIT A City of Mound Administrative Code Amendments Effective January 1, 2013 #1 Section 14A.3 — Post Retirement Health Care Savings Plan As of January 1, 2013, the employer will contribute $100.00 per month, per employee, to the Post Emplovment Health Care Savings Plan. #2 Section 14.A4 — ANNUAL CONTRIBUTION TO THE PLAN #3 Severance Pay — Section 18A The following is the schedule of the sick leave portion of severance pay which shall become effective for all Full time employees after completing (5) years of service. There will be no severance pay for less than five (5) years of service. The following schedule is based on a percentage of unused accumulated sick leave: After 5 years of service After 10 years of service After 15 years of service After 20 years of service After 25 years of service 20AS 2006 2-0(� 29E 41% 44% 48% 53$ 46% 4906 54. 59 52% 55°% 60% 66� 57% o 0 0 62% ° ° ° The maximum amount of hours paid out as severance pay shall not exceed 960 hours 120 days). • Page 1 of 2 -2616- #4 Section 9 — Educational Incentive • Current Lanauaae: The City shall provide an Education Incentive Plan for all regular full- time and FegwIaF paFt time employees of the City. If funds are not provided by any other governmental agency, the City shall pay cost of tuition (excluding text books, materials and fees) equal to that charged by State institutions after the employee has successfully completed a course with a grade of "C" or better. The maximum annual payout will be $1,500, and the employee may continue to submit reimbursement for remaining amounts in subsequent years until the tuition has been paid in full. The course must be job related and pre- approved by the City Manager. Courses that give credit for work /life experience will not apply. If an employee voluntarily terminates employment or is terminated for cause after receiving an Educational Incentive, the employee would be required to pay back the City 100% of dollars received within the last 0 -12 months and 50% of dollars received within the last 12 -24 months. The City is not obligated to pay any outstanding tuition amounts after the date of termination in any instance. If the employee is involuntarily terminated due to lay -off, or voluntarily leaves employment after 24 months of the last reimbursement, no payback would be required. van #5 Section 29.4 — COMPLIANCE TO THIS ADMINISTRATIVE CODE Current Language: City management will meet Re less that every two years with the employees' represent+ gation group, referred to as the Administrative Code Committee, to discuss possible changes to the Administrative Code. No changes will be made to the code without a meeting between the City Manager or designee, representation of the City Council pPersonnel Committee, and representation of the Administrative Code Committee, in a non - public setting. Approved changes will always go into effect on the following January 1st and at least two years shall expire between effective dates of changes. • Page 2 of 2 -2617- • • • CITY OF MOUND RESOLUTION NO. 12 -_ RESOLUTION ACCEPTING RESIGNATION, DECLARING A VACANCY, AND DECLARING THE VACANCY TO BE FILLED BY COUNCIL APPOINTMENT WHEREAS, on November 13, 2012, the Mound City Council received the written resignation of Councilmember David Osmek, effective on January 7, 2013 at midnight; as set forth in Exhibit A; and WHEREAS, the City Council must determine whether a vacancy exists on the City Council and if so, declare said vacancy; and WHEREAS, Minn. Stat. § 412.02, subd. 2a. states that a vacancy in an office shall be filled by council appointment until an election is held and when that vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term of the office, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor; and WHEREAS, in the City Council office to be declared vacant, less than two years remain in the unexpired term of the vacated office; and WHEREAS, the City Council desires to fill the vacated office by council appointment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA, AS FOLLOWS: 1. The Mound City Council accepts Councilmember David Osmek's resignation as described above. 2. The Mound City Council declares that a vacancy exists on the Mound City Council effective January 7, 2013 at 12:01 a.m. 3. Pursuant to Minn. Stat. § 412.02, subd. 2a., the Mound City Council declares that it will appoint a person to serve until the qualification of a successor to fill the vacated office. Adopted by the City Council this 27"' day of November, 2012. Attest: Bonnie Ritter, City Clerk -2618- Mayor Mark Hanus EXHIBIT A To: Mayor Hanus, Councilmembers Gesch, Gillispie, and Salazar From: David Osmek RE: Resignation from my seat on the Mound City Council Fellow member of the Mound City Council, As you know, I was successful in gaining election to the Minnesota State Senate on November 6th 2012. As a result, I will be required to vacate my seat on the city council. • This document is my formal notification that I hereby resign my office as Mound City Councilmember as of Midnight, January 7th, 2013. My final regularly scheduled Mound Council meeting will be December 11th, 2012 (unless an additional meeting is scheduled). • I thank the citizens of Mound for their support over the past years and look forward to representing them in my new role as your Minnesota State Senator. t David Osmek Cc: Kandis Hanson, Bonnie Ritter -2619- U 5341 Maywood Road • Mound, MN 55364 (952) 472 -0604 Memorandum To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: 11/21/2012 Re: Petition and Waiver - Chapter 429 Financing for Improvements in Woodlyn Ridge, 6301 Lynwood Boulevard Background. As the Council may recall, at its March 13, 2012 meeting, the Council adopted a policy regarding the City's use of Chapter 429 financing for private development projects. This policy followed the Council's review and discussion of a request from Tim Hartman, developer for Woodlyn Ridge, and Jeff Schoenwetter of JMS Homes, for the Council to consider doing the Woodlyn Ridge subdivision improvements as a Chapter 429 improvement project to be financed using special assessments. With • Chapter 429 financing, the City would assume the obligation of constructing the improvements which currently is the obligation of the developer. 0 Requested Action. Woodlyn, LLC is requesting Council consideration of the proposed Petition and Waiver for construction of the improvements using Chapter 429 financing for the Woodlyn Ridge development. A draft resolution has been prepared for action by the Council. Additional Comments. Due to this week's early agenda deadline because of Thanksgiving, the developer was notable to sign the Petition and Waiver prior to agenda production. Members are advised that signed copy will be available at the meeting. -2620- • CITY OF MOUND RESOLUTION 12- RESOLUTION DECLARING ADEQUACY OF PETITION FOR PUBLIC IMPROVEMENTS AT WOODLYN RIDGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA AS FOLLOWS: 1. The City has received a petition, which is attached to this Resolution as Exhibit A, from Timothy D. Hartman, Chief Manager of Woodlyn LLC and the sole fee owner of the property known as Woodlyn Ridge and located at 6301 Lynwood Boulevard, Mound, Minnesota ( "Property"), requesting the City to construct the public improvements at the Property. 2. The petition has been reviewed and it is hereby determined that it has been signed by all the owners of the Property. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 3. The City Clerk is hereby authorized and directed to cause this Resolution to be is published in the official newspaper. Adopted by the City Council this 27"' day of November, 2012. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -2621- • Exhibit A • Petition and Waiver e • -2622- • PETITION AND WAIVER This Petition is made this day of , 2012, by Woodlyn, LLC, a Minnesota limited liability company ( "Developer "). To the City Council of Mound, Minnesota: 1. The Developer is the fee owner of certain real property located in the City the legal description of which is set forth in Exhibit A, attached and made a part hereof • ( "Subject Property"); has full legal power and authority to encumber the Subject Property as herein provided; and as of the date hereof, has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances. 2. The Developer desires to have certain public improvements ( "Public Improvements ") constructed to serve the Subject Property as described in Exhibit B. attached and made a part hereof ( "Woodlyn Ridge Improvement Project'). 3. The Developer hereby petitions the City to construct the Public Improvements that comprise the Woodlyn Ridge Improvement Project on the Subject Property pursuant to Minnesota Statutes, Chapter 429; hereby requests that the City assess the entire cost of the Public Improvements against the Subject Property; and hereby agrees to 4144470 MU200 -172 -2623- • • • • pay the entire cost and apportionment of the Woodlyn Ridge Improvement Project against the Subject Property by the City. 4. The Developer requests and consents to the assessable cost of the Woodlyn Ridge Improvement Project being assessed against the Subject Property. The Developer understands that the current estimated cost of the Woodlyn Ridge Improvement Project is $353,050.00; requests that 100% of the costs be assessed against the Subject Property; and understands that such proposed assessment is, at least, equal to the economic benefit that the Subject Property will receive as a result of the Woodlyn Ridge Improvement Project. The Developer understands that the bids for the Woodlyn Ridge Improvement Project may exceed the estimates, and the Developer is willing to attempt in good faith to determine how to proceed; it being understood by the Developer that the City is not obligated to expend funds in excess of the current estimated costs, and the Developer does not hereby consent to an assessment in excess of the current estimated costs. 5. The Developer waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minnesota Statutes, Section 429.081, or reapportionment thereof upon land division pursuant to Minnesota Statutes, Section 429.071, Subdivision 3, or otherwise, and further specifically states with respect to such special assessments against the Subject Property or reapportionment that: a. any requirements of Minnesota Statutes, Chapter 429, with which the City does not comply are hereby waived by the Developer; b. the increase in fair market value of the Subject Property resulting from the Woodlyn Ridge Improvement Project will be at least equal to the amount of the proposed assessment, and that such increase in fair market value is of special benefit to the Subject Property; and 4144470 MU200 -172 -2624- C. the Developer further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant • to Minnesota Statutes, Section 429.071, Subdivision 3. 6. The Developer understands that the City may provide for the payment of such special assessments in installments bearing such interest as may be determined in the absolute and sole discretion of the City Council. The Developer understands that the City will require that the unpaid principal amount of the assessment and any accrued interest allocated to any parcel be paid in full upon the transfer of that parcel to any third party. 7. Developer represents and warrants that the Subject Property is not classified for tax purposes so as to result in deferral of the obligation to pay special assessments; and Developer warrants that it will take no action to secure such tax status for the Subject Property during the repayment of the assessment. 8. The Developer understands that the City may condition any decision to construct the • Public Improvements on such terms as the City, in its absolute and sole discretion, deems necessary. 9. The Developer warrants that the covenants and waiver contained in this Petition shall bind the successors and assigns of the Developer, shall run with the Subject Property, and shall bind all successors in interest thereof. The Developer will record this Petition at its sole expense among the land records of Hennepin County, Minnesota. 10. The Developer hereby waives and releases the City from any claims caused by any delay in the Developer's development project on the Subject Property by or related to the timing of construction or completion of the Public Improvements. 4144470 MU200 -172 -2625- • • IN WITNESS WHEREOF, the Developer has set its hand as of the day and year first written above. WOODLYN, LLC By: Its: Chief Manager By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPN ) The foregoing instrument was acknowledged before me this day of • , 2012, by Timothy D. Hartman, the Chief Manager of Woodlyn, LLC, a Minnesota limited liability company, on behalf of the company. • Notary Public 4144470 MU200 -172 -2626- 414447A W200 -172 EXHIBIT A • Legal Description [insert] -2627- • • • 0 EXHIBIT B Woodlyn Ridge Improvement Project, 2012 -2013 1. Streets, Curb, underground municipal utilities (watermain, storm sewer, sanitary sewer) engineering estimate breakdown A. Streets $ 80,000 B. Storm Sewer 22,000 C. Watermain 70,000 D. Sanitary Sewer 135,000 Estimate Total: $ 307,000 2. City Engineering / City Fees A. 15% of project estimate $ PROJECT TOTAL $ 4144470 MU200 -172 -2628- 46,050 353,050 City of Mound • Policy on Use of Chapter 429 for Private Developer Projects Adopted March 13, 2012 This Policy is intended for situations in which land is being subdivided; and the subdivision will require the construction of public improvements: 1. The City's preference is to have the developer construct and pay for all needed public improvements, the City would construct and assess only if: (i) It concluded there were exceptional circumstances which rendered developer- construction not feasible; and (ii) The city was satisfied that it had no risk that any part of the cost could become the responsibility of the City taxpayers. The City retains the right to refuse to finance the cost of public improvements in new subdivisions for any reason. 2. The City will make a clear distinction between private developer projects and City driven projects, including, but not limited to: (i) 100% of the improvement costs and related expenses for the "new" infrastructure would be specially assessed against the lots in the • subdivision, vs. 2/3 of related costs for City driven street "improvement/reconstruction" projects. (ii) Separate public hearing (can be on same night as Street Improvement Project) (iii) Separate project billed by engineers, legal, bond consultants, etc. (iv) Can bid with Street Improvement Project/same vendor but costs separated (v) Separate filing and certification of assessments, etc. (vi) Assessments will be certified in same year of project. 3. The developer would provide the City with a petition and waiver agreement wherein (in addition to other terms) it agrees to a specified amount of cost, requests the 100% assessment, and waives all rights to challenge or contest the assessment. 4. The assessment would have a rate of 5% or two percentage points above the bond rate, whichever is greater. 5. The assessments against individual lots would be required to be paid in full upon sale of the lot. 6. The term of the assessments and the term of the bonds would be in the discretion of the city, but would be for the shortest feasible term, in the judgment of the City. • -2629- • 7. Letter of Credit: (i) The developer would be required to provide a letter of credit which would be equal in amount to 125% of debt service payments on the bonds (including all issuance costs). (ii) The letter of credit would be drawn upon if there were not sufficient funds from special assessments to make a debt service payment on the bonds when due and payable. (iii) The letter of credit would be from a Minnesota or federally chartered bank which is a participant in the FDIC insurance program, and is not the subject of any watch or enforcement action by any bank regulatory agency. The bank must have a location in the metropolitan area at which the letter of credit can be presented and paid. (iv) The letter of credit will be reduced from time to time to reflect prepayments and annual installments made on the special assessment. (v) The letter of credit would be subject to such terms and conditions as are reasonably necessary, in the judgment of the city, to assure that it will be available for use for the intended purposes. 8. The construction of the public improvements and the making of the special assessments would, unless otherwise agreed by the city and the developer, be subject to all of the • normal requirements applicable to 429 projects, including, without limitation, all design, bidding, contracting, inspection, acceptance and assessment. • 9. The developer would be required to waive and release the City from any claims caused by any delay in the developer's development project by or related to the timing of construction or completion of the public improvements. -2630- cQ T n (D -2631- • • • • • • to O O -3-0 O 2 O cn 0 N N CD O O O Z � O N O_ :3 C L �' O O @ O n 3 cn 0 (n cn `. cn O v O C: Sv (D O O( -p CD O CD I O 0 CD -s a) ol (D v O —S T(D W (Q = :3 v �, 0 U) N -� � —3 cn • O Q�'� X. p °3o v v :3 N CD O <� c p � c� cn z 3 CD cn � . p (D C 0 � CD (D O -0 c = <� m c -�, ��•MCc � cp cD -O (D CA •� <• CD� C CD O Cn �cn � O Q D7 CD '00 ,._,. . °� 0 cn 0 c D u cQ T n (D -2631- • • • • • • to O O -3-0 O 2 O cn 0 N N CD O O O p fD -�, O O N O_ v 0 .. (D (D N (D O. C: O n 3 cn 0 (n cn `. cn O v O O O( G) 0 O CD I O cQ T n (D -2631- • • • • ---i N n CD p fD (D (D N O. n 3 cn O O O( G) 0 CD O CD a) ol CD 0> �• �, 0 m -� � —3 — Z • CD 0� °3o 0 C:) o o <� c p � Cl) CD 0 z 3 P". v � . p (D C 0 � CD (D O. CD --I <� m ��•MCc � cp cD -O CA •� <• CD� C �cn � O ,._,. 1 CQ `G C: = -� • O. r-1. -0 n C N Cam, 0 C �. O O N 0 Ca CD �- 2: Q CAD -a O o CD 0 U o Cn CD CO W C. N fn s Q v 0 1 N -n F 0 0 W \ C: CD ^ `�1' Q 0 1 (] ci rlZ ✓ T V o MD e-F C C) O O o W C �. O O N 0 U) � C ? w C. C N O O =r _Q 0 1 (] ci T o MD CQ M ? 0 �_. O N CD N• _ CD ✓ 0 CD W Q 1 r c rD- C n fD Ln 'o C2 'S 4 � t S v Percent 0 C) 0 0 0 ° C) N N CL at O/ N .-t Im Cn ail in o s , � o 3 � JJ> a r e z Cr ? S f O y d 4 f s 0 "'mow "1 A 0 �o ~ -2632- Proposal to Relocate City Hall Functions November 27, 2012 n light of the City of Mound securing a Contract for Policing Services from the City of Orono, a study of • I g Y g relocating services provided by Mound City Hall is warranted. This review is also warranted because of the dwindling number of employees at City Hall, making coverage difficult. Mound City Hall is a very large building on five levels. This design makes staffing challenging, and especially so when accommodating employee leaves of absence. In addition, the bond covenants on the Public Safety Building require the building be used in a governmental capacity. Public Safety Building Level I. This proposal is to relocate the functions of Mound City Hall to the main floor of the current Mound Police Department. Under this proposal, Orono Police Department will have near - exclusive use of the lowest level. The City will retain and cordon off one garage bay for City vehicle storage and other uses. Additionally, minor modifications will be made that will allow for City Hall staff to enter and exit the building and avoid the secured areas dedicated to the PD. Public Safety Building Level 2 The main level of the building, in this proposal, would function as City Hall offices. There are minor modifications required for the change of use. Primarily, that involves opening up the front of the offices by removing the bullet proof glass. Since our customers often times bring papers and plans that need to be lai� out for viewing, the front counter would require redesign and be built higher than original. An ADA counter will remain, as is required under the ADA code. Glass between the two offices will also be modified so there can be more effective exchange between Fire Department and City Hall administrative staff. There will be a modification to the counter area to the rear of this same admin support area to accommodate the copy machine. Electrical work will be needed to make ready for the copy machine, computers and phones throughout, since some offices will be configured to hold two or three workers. There would be modification to the wording on monument to the front of the building. Other Details No walls will be taken out between office spaces, which results in expense to address gaps in carpeting and ceilings. City public works /parks staff will help with minor modifications and with the physical move. The Level 2 break room will remain as a break space for City Hall staff. • The Training Room will be common area for large meetings and training; however, City Council Meetings will continue to take place at the current City Hall. -2633- Parkin • Visitor parking will be as it currently exists on Wilshire and Maywood. Staff parking will be in the lot by the Level 1 entrance and the overflow lot off to the rear of the Fire Department. There will be two handicapped parking stalls, one at the front of the building by the Fire Museum and one by the access door of Level 1. • 0 Existing City Hall Keeping a structure in use tends to prolong the life of the building. Therefore, efforts are being made by City Staff to attract renters that serve a public purpose. The Westonka Historical Society is one of the community agencies that are interested in leasing space. The County Assessor's office will spread into some additional space, and other agencies are being solicited. The City of Mound will retain certain spaces for storage, but is flexible depending on what other uses can be found. A rate schedule has been established that reflects the costs to run the building. Under the proposal, Mound will maintain the building under existing contracts for service (i.e., HVAC, elevator, window cleaning, snow removal, etc), with the renters' contributing their proportionate share of the expense. Time Line December January Mid -March Modifications to Level 1 garage space and adding a hallway door near EOC Electrical modifications for copier, phones, computers Repaint file cabinets that will store property jackets and be in public view Locate files and other records in new locations Locate work stations to new locations Last week in Physical move to new location March Mid -April Available to new occupants Costs Rough estimate costs prior to architectural drawings; 1) Architectural Drawings 2) Locksmith 3) Electrical /Telecommunication Modifications 4) Paint File Cabinets 5) Modify Exit /Lights /Add door to separate City Hall from Prescient 6) Security Fence in Garage to separate City Hall from Prescient 7) Permit Fees 8) Lobby Counter Top 9) Lobby Window Security Blinds /Roll Down 10) Modify signage in front of facilities 11) Physical Move (majority in- house) Sub Total $ -2634- 700 1,351 TBD 740 3,415 4,500 650+ TBD TBD TBD TBD 11,356 Financing The 2013 preliminary budget that was approved did not include any rent from City Hall although it included all of the expenses related to maintaining the existing building. The proposed modifications will be funded by a combination of rent received (estimate $20K for 6 months in 2013) as well as other soft savings that wil result from the contract for police services with the City of Orono. Examples include reducing the number o copiers, insurance levels, and telecommunication charges. All costs will be tracked as well as the corresponding sources of funds used to offset the expenditures. The major modifications that have yet to be determined (indicates as "TBD" above), will be brought back to the Council for input and approval. Recommendation Staff is recommending the relocation of City Hall functions to Level 2 of the Public Safety Building, which provides ample and suitable space for the functions provided now at City Hall, retaining the use of the Council Chambers for City meetings. -2635- • • • C7 5341 MAYWOOD ROAD OPERATING EXPENSES 220 REPAIR & MAIN. SUPPLIES 361 GEN. LIABILITY INS. 381 ELECTRICITY 383 GAS SERVICE 384 GARBAGE 382 WATER /SEWER 401 BUILDING REPAIR 430 MISCELLANEOUS Planters 440 OTHER CONTRACTUAL SERV. 460 JANITORIAL SERVICE GROUNDS MAINTENANCE PAYMENT IN LIEU OF TAX TOTAL Tenants will need to contract for: Copier Phone Service Internet Service ESTIMATE 1,400 1,100 12,000 8,000 1,200 1,920 10,000 500 12,297 12,891 3,503 2,250 67.062 Contracts in Place: HVAC Pest Control Mats Weed /Fertilizer Annual Tile Glazing Safety Systems Elevator Maintenance Window Washing Carpet Cleaning Proposed Square Footage % of Space Alloc Bud Rent City of Mound 2,085 33% 21,871 Westonka Historical Society 1,806 28% 18,945 16,050* Available to Lease 2,502 39% 26,246 Total 6,393 100% 67,062 * WHS wanted cheaper, unfinished storage space, but there is a benefit to not splitting the 5th floor, so we charged them the $6 per foot for a portion of the 5th floor -2636- LEASE AGREEMENT a f b • This Lease Agreement (Agreement" ) is made this _ day o 2012 y and between the Westonka Historical Society, a Minnesota non - profit corporation (hereinafter "Lessee "), and the City of Mound, a Minnesota municipal corporation (hereinafter "Lessor "). WITNESSETH: Lessor owns the real estate situated in Hennepin County, Minnesota with a property address of 5341 Maywood Road, Mound, MN 55364 (hereinafter "Property "). Lessor desires to lease certain portions of the Property as outlined in yellow on Exhibit A (hereinafter "Leased Premises "). Lessee desires to lease the Leased Premises from Lessor for use as a historical museum. Lessor agrees to lease the Leased Premises to Lessee pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follow: 1. Term of Lease and Rents Payable: The initial term of this Agreement shall be from April 1, 2013 through March 31, 2014. Rent for the initial term of this Agreement shall be one thousand three hundred and thirty seven dollars and fifty cents ($1,337.50) per month, with the first • payment due on April 1, 2013, and on the first day of each month thereafter. Lessee shall remit each rent payment to: Name: Finance Director City of Mound Adress: 2415 Wilshire Boulevard City /State /Zip: Mound, MN 55364 This Agreement may be extended beyond its initial term by the mutual written consent of the parties. If the Agreement is terminated during its initial term or extension thereof, the rent shall be prorated. 2. Real Estate Taxes and Assessments: Lessor will pay all real estate taxes and assessments levied on the Leased Premises during the term of the lease. 3. Security Deposit: Lessee will deposit of five hundred dollars ($500.00) with Lessor at the execution of this Agreement as security for Lessee's performance of this lease. Lessor will refund the full security deposit to Lessee by April 15, 2014 so long as Lessee returns the Leased Premises to Lessor in good condition and Lessee has paid the Lessor for all sums due under this Agreement. The Lessor will not withhold the return of the security deposit from Lessee for reasonable wear and tear to the Leased Premises. 4. LATE CHARGE ON DELINQUENT PAYMENTS: If the Lessee fails to make a rent • payment to Lessor by the 10th of any month, then Lessee shall also pay the Lessor a late charge 414541v2 MJM MU220 -2 -2637- of fifty dollars ($50.00). The parties hereto agree that such late charge payment represents a • fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Any rent payment made after the 10th of any month shall bear an annual interest rate of five percent (5 %). If a rent payment is not made with the applicable late charge and interest payment within 30 days of the first of the month, then Lessor has the option to terminate this Agreement. In addition, if six (6) or more rent payments are made after the first of the month and before the tenth of the month by Lessee to Lessor within a consecutive twelve (12) month time period, then Lessor has the option to terminate this Agreement. 5. Insurance: Lessor shall keep all buildings, improvements, and fixtures located within the Leased Premises insured against all loss by fire, lightning, and other such perils included in an "all risk" endorsement, and against loss or damage by all other risks and hazards covered by an extended coverage insurance policy. Such insurance shall be no less than the full replacement cost of the buildings, improvements and fixtures, without deduction for physical depreciation. The Lessee shall maintain renter's insurance and the Lessor should be named as an additional insured on the renter's coverage certificate. The insurance policy shall contain a loss payable clause in favor of Lessors which provide that impaired by any acts or omissions of Lessee or Lessors. Lessee shall also be required to maintain comprehensive general liability insurance insuring the premises against loss or damage for injury or death to persons or property occurring on the leased premises. Such liability insurance will be in the amount of not less than 1,000,000.00 and shall provide that Lessor is listed as an additional insured. Lessee shall provide proof of insurance to Lessors upon request. is6. Utilities: Lessor shall pay for all utilities serving the Leased Premises including, but not limited to, electricity, gas, water, and waste, throughout the term of this Agreement and any extension thereof. 7. Alterations: Lessee shall not make any alterations, additions, or changes to the Leased Premises without the prior written consent of the Lessor. 8. Assignment: Lessee may not sell or assign its interest in this Agreement without the prior written consent of the Lessor, which Lessor agrees it will unreasonably withhold. 9. Destruction: If the Property or the Leased Premises is damaged or destroyed by fire or other casualty so as to make the Leased Premises untenable, and if such damage cannot be repaired within ninety (90) days of the date of damage or destruction, either Lessor or Lessee shall have the right to terminate the Lease as of the date of such damage or destruction by giving written notice of intention to do so within ninety (90) days after the date of such destruction or damage. 10. Repairs: Lessor shall maintain the following parts of the building in which the Leased Premises are located: • Roof; • Foundation and structural components; • Exterior walls, doors and windows; • • Plumbing and sewer system; and • Electrical system. 414541v2 MJM MU220 -2 -2638- 11. Maintenance: Lessor shall coordinate with Lessee regarding the following maintenance of the Property and Leased Premises: • • Janitorial services; • HVAC Maintenance Agreement; • Elevator Maintenance Agreement; • Safety Systems Maintenance Agreement; and • Grounds maintenance, plowing of parking lot, and shoveling of walkways. 12. Care of Leased Premises: Lessee agrees to keep the Leased Premises in good condition and to keep the Leased Premises in the same condition as it was at the commencement of this Agreement. The Lessor acknowledges that reasonable wear and tear is expected. Lessee also agrees to keep the Leased Premises in a safe, clean and sanitary condition, and agrees not to commit any nuisance or waste on the Leased Premises. If Lessor determines that Lessee has failed to keep and preserve the Leased Premises in the state of condition required by the provisions of this Agreement, Lessor may, at its option, either (1) require Lessee to clean the Leased Premises, so as to return it to a safe, clean and sanitary condition, or (2) Lessor will cause the same to be put back into the state of condition and repair required by this Agreement, and in such case, the Lessee, on demand, shall reimburse Lessor for its costs thereof. 13. Inspection/Right of Entry: Upon forty -eight (48) hours- notice to Lessee, Lessor and any authorized representative of the Lessor shall be entitled to enter the Leased Premises. At all times, Lessor shall have access to all other areas of the Property. Lessee waives its right to forty -eight (48) hours prior notice when Lessor is required to enter the Leased Premises to undertake emergency maintenance of the Property. In such an emergency, Lessor will notify • Lessee as soon as possible. 14. Environmental Compliance: Lessee shall be responsible for any environmental concerns, problems, or activities occurring or arising on the Leased Premises from the date Lessee take possession through the last date of this Agreement or any extension thereof. Lessor acknowledges that Lessee is not responsible for any environmental concerns or problems existing on the Leased Premises prior to the commencement of this Agreement. 15. Parking: Lessee agrees that no salvage, junked, unlicensed, or abandoned vehicles may be parked in the parking lot on the Property. Lessee agrees to defend, indemnify and hold Lessor harmless from any civil, criminal or administrative action taken by any law enforcement agency to enforce any law or ordinance violated by the Lessee, its employees, agents, vendors, invitees, or customers, related to, located at, or arising from the parking lot on the Property. 16. Lessee's Intended Use of Leased Premises: Lessor certifies that Lessee's intended use of the Leased Premises as a historical museum is a permitted use under the City's zoning ordinances on the Leased Premises. However, if at any time during the term of this Agreement or any extension thereof, Lessee's use of the Leased Premises as a historical museum is not a permitted use under the City's zoning ordinances, the Lessor will immediately notify Lessee. It will be the responsibility of the Lessee to apply to the City of Mound for the appropriate approval to continue its existing use and occupancy of the Leased Premises. If said approval is denied by the City of Mound, then this Agreement will terminate thirty (30) days after said denial. Lessee • agrees that it will not serve or otherwise make alcohol available at the Leased Premises or Property. 414541v2 MJM MU220 -2 -2639- • 17. Compliance with Applicable Laws: Lessee agrees that it will keep the Leased Premises in compliance with all applicable planning, zoning, rules and regulations and statutes, including but not limited to, all environmental regulations in effect during the term of this Agreement or any extension thereof. 18. Property As Is/Disclaimer of Warrant: Lessee acknowledges that it is not currently in possession of the Leased Premises, that it is aware of the condition of the Leased Premises, and that it agrees to lease the Leased Premises "As Is ". The Lessor disclaims any warranty that the Leased Premises is suitable for Lessor's use. 19. Default and Disputes: In the event a dispute arises with respect to any term of condition of this Agreement or any extension thereof, Lessor and Lessee agree that they will provide written notice of the dispute to the other party sixty (60) days prior to commencement of any legal proceeding or action concerning the term or condition. During this sixty (60) day period, both parties will use their best efforts to resolve the dispute in an amicable manner. If Lessee defaults under any term of this Agreement, all inventory or other property owned by Lessee, which remains on the Leased Premises at the time of default, will be removed at the sole expense of the Lessee. Lessee shall not remove any of the immovable fixtures. If any inventory or other property owned by Lessee is not removed from the Leased Premises within fourteen (14) days after the termination of this Agreement, the Lessor reserve the right to clean up the Leased Property and recover the cost for such cleanup from the Lessee. • 20. Indemnification: The Lessee does hereby, for itself and its successors and assigns, release and agree to defend, indemnify and hold the Lessor 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, or any claim or liability arising in any manner from Lessee's use, improvement and occupancy of the Leased Premises, failure to properly perform its obligations under this Agreement, or relating to the death or bodily injury to any person or damage to any personal property present on or located in or upon the Leased Premises, including the person and personal property of Lessee's employees and all persons in or upon the Leased Premises at Lessee's invitation or sufferance. 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. Nothing in this Section shall be construed as a waiver of any liability limits or immunities contained in Minnesota Statutes, Chapter 466. 21. First Right of Refusal/Conveyance of Property: Should Lessor sell the Property during the term of this Agreement, Lessee will be given first right of refusal to purchase the Property from • Lessor. Said right of refusal shall expire thirty (30) days after Lessor notifies Lessee of Lessor's desire to sell the Property. If Lessee does not exercise its first right of refusal and Lessor sells or otherwise voluntarily conveys the Leased Premises during the term of this 414541v2 MJM MU220 -2 -2640- Agreement, the purchaser of the Property shall be required to accept assignment of this Agreement and to the rights of the Lessee under this Agreement shall continue unless Lessee releases them in . writing. 22. Notices: Except as otherwise expressly provided in this Lease, any notice, demand, or other communication under the Lease any related document by either party to the other shall be sufficiently given or delivered if it is dispatched by United States Mail or delivered personally to the following addresses: or any other address that the parties may, from time to time, designate in writing: If to the Lessor: Kandis Hanson City Manager City of Mound 5341 Maywood Road Mound, MN 55364 If to the Lessee: Westonka Historical Society Mound, MN 55364 Attention: 23. Severability: If any court determines that any provision of this Agreement is invalid or • unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this Lease invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable. 24. Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. 25. Relationship of Landlord and Tenant: This Agreement does not create the relationship of principal and agent or of partnership or of joint venture or of any association between the Lessor and Lessee, the sole relationship between the parties under this Agreement is that of Lessor and Lessee. To the extent a court of competent jurisdiction does, despite this paragraph, find a joint venture or enterprise, the liability limited of the parties shall not be added together and, instead, the total liability for the parties shall not exceed the limits on governmental liability for a single entity consistent with Minnesota Statutes, Section 471.59. 26. Entire Agreement and Amendment: This Agreement constitutes the entire agreement between the Lessor and Lessor affecting the Leased Premises and there are no other agreements, either oral or written, between them other than said documents and as are herein set forth. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the Lessor or Lessor unless reduced to writing and executed in the same form and manner in which this Agreement is executed. • 414541v2 MJM MU220 -2 -2641- • • IN WITNESS WHEREOF, the Lessor and the Lessee have caused this Agreement to be executed in form and manner sufficient to bind them at law, as of the day and year first above written. Dated: , 2012. Dated: 414541v2 MJM MU220 -2 2012 CITY OF MOUND By: Its Mayor By: Its City Manager WESTONKA HISTORICAL SOCIETY By: Its By: Its -2642- O 0 U) •O N Y C N d O L! O t0 Irl TIF] Exhibit A Page 1 of 3 1 1 • C, O O� O O O O O O q* O O O O O O O v N N cn CO) U) to N � O O O_ CD dg _O 69 6F} EF? 6c)- 6F} 69. fR d9+ r M N qr- � t� Q M N N N N N LL L M LO Ce) 00 Q 00 M U) M- N (� U') C6 M O oo r N X C X .0 X X X X in X M M M M ~ O m IT" N O M Oo .0 r- O �- N r- N o 0 O r v d O N L- V C w L Q O tT N Y E c 0 C �• O i V L O O Cl) C d .N U m U d O L W m to LO Q O LO O C O U J E O U _1LA2_ O L! O t0 Irl TIF] Exhibit A Page 1 of 3 1 1 • C, • • �r Exhibit A Page 2 of g 3 tj -2644- Exhibit A Page 3 Of 3 Lwcq CLW I LTh*fFUE D� Reset s AYe*. VWD' � Are& 61rce^ -2645- • 15LL t WOL 1 0 • Mound Fire Department Automatic Mutual Aid Response Plan Information To the City of St. Bonifacius Automatic Mutual Aid: • Beginning on January 1, 2013 the Mound Fire Department will begin providing Automatic Mutual Aid to assist the St. Bonifacius Fire Department within the City of St. Bonifacius. • The Mound Fire Department will provide Automatic Mutual Aid to assist as established by the St. Boni and Mound Fire Chief. • The Hennepin County Sherriff Dispatch Computer Aided Dispatch (CAD) and Automatic Mutual Aid parameters will be implemented based upon specific days of the week, times of day, and high risk event types, as determined by the St. Boni and Mound Fire Chiefs (refer to attachment A for event type details). • • The standard initial response by Mound Fire when providing automatic mutual aid inside St. Bonifacius will be predetermined and will be based upon specific high risk criteria, and CAD Event Codes or Call Type (refer to attachment A). • The Incident Commander and primary management of the fire scene will be the responsibility of the First Arriving Unit Incident Command Officer or an Officer designated ted by the primary fire service provider. • Mound Fire will not respond with apparatus or crews beyond the standard initial response unless requested to do so by the Incident Commander, an officer from the first arriving unit, or an Officer from the primary responding fire agency. • All other mutual aid response rules and procedures will be per the Hennepin County Fire Chief Association Mutual Aid Agreement, and/or the Lake Region Mutual Aid Agreement. The exception will be the billing for costs as agreed upon by all parties. -2646- • The costs of Automatic Mutual Aid for Mound Fire and St. Bonifacius • Fire will be tracked and determined each year, and billed consistently among fire agencies as described in mutual aid financial agreement. Duty Officer Response Support: • The Mound Fire Department will initiate and maintain a "Duty Officer" response program beginning in January 1, 2013 for the purpose of efficient operations. • The Duty Officer (program) will handle low risk and service call event types (I.e. carbon monoxide alarms, false fire alarm trips, or smoke in the area calls) • The Mound Duty Officer will be available to respond to St. Bonifacius Fire events during specific days of the week, times of the day, and for certain CAD Code Event Types. The need to utilize this program will be determined by and configured by the St. Boni and Mound Fire Chief. • The Mound Duty Officer will be responsible for gathering call out • information and generating the incident report, unless a St. Bonifacius Fire Officer assumes command and takes the report. • The costs Mound Duty Officer Responses and hours will be tracked and determined each year, and billed consistently among fire agencies as described in financial agreement. Automatic Mutual Aid and Duty Officer Program • The Automatic Mutual Aid program and the Duty Officer program will be evaluated periodically to measure the success, effectiveness, and performance criteria of the programs. Changes to the programs will be made as necessary to continuously improve these programs. Effective Date: January 1, 2013 Gsp 110512 • K -2647- • November 6, 2012 City of Mound RE: Notice of Resignation Dear Kandis Hanson, ILL C.`i:( I Matt Morris am resigning from my position at the City of Mound Public Works Department. Effective November 6, 2012 • Sincerely, Matt Morris • -2648- November 14, 2012 Ms. Kandis Hanson City Manager City of Mound 5341 Maywood Road Mound, MN 55364 -1627 Re: Notice of Contract Cancellation Dear Ms. Hanson, Municipal Offices 7701 County Road 1.10 West Minnetrista, MN 55364 -9552 • Email: iiiiniietrista@ci.ininiietrista.mn.us Pursuant to Section VIII. Duration of the Joint and Cooperative Agreement Between the Cities of Minnetrista and Mound, Minnesota to Operate an Outdoor Storage Area, the City of Minnetrista hereby notifies the City of Mound of our intent to cancel the agreement on December 31, 2014. However, the City of Minnetrista expresses our desire to work cooperatively towards terms and conditions for a new agreement. We welcome the opportunity to meet with you at your convenience. Thank you for your consideration. Let me know if you have any questions. Respectful) s itted, 61A�; Michael S. Funk City Administrator Cc: Mayor Fischer and Minnetrista City Council vFUlk -c: '+'+v -IDDU rHx: 446 -131 1 WE13SITE: www.ci.minnetrista.mn.us -2649-