2014-10-21 CC Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
1. Open meeting, with any remarks
2. Table of Contents of Packet Materials
3
4.
AGENDA
Page
A.
Cover Memo
1
B.
Engineering Services
2
i. Historical Cost of Construction Projects
3 - 11
ii. Summary of Engineering Fees 2013/2014 Projects
12- 15
iii. Public Works Director Position
16-33
C.
Capital Improvement Plan /Utility Rate /Levy Scenarios
i. Scenario 1:
** Separate Packet
ii. Scenario 2:
will be issued by
iii. Scenario 3:
Saturday at Noon **
D.
Fee Schedule
34-43
E.
Lease Agreements
i. Westonka Historical Society
44-53.1
ii. Spirit of the Lakes Festival
54-59
Discussion, with any necessary action
Adjourn meeting
NOTE: Please bring your copy of the Preliminary Budget packet from the September 3, 2014
budget workshop. The file is also on the website under City Council. A copy will be available
at the meeting for reference.
MEMORANDUM
DATE: October 15, 2014
TO: Mayor Harms & Council Members
FROM: Kandis Hanson, City Manager
RE: 2015 Budget Discussion related to Engineering
5341 MAYWOOD ROAD
MOUND, MN 55364 -1687
PH: (952) 472 -0600
FAX: (952) 472 -0620
WEB. www.cityofmound.com
A portion of the 2015 Budget Workshop on Oct 21, 2014, will be devoted to engineering and the
City's Capital Improvement Plan. To assist with that discussion, I have invited Kreg Schmidt,
Vice President and Principal with Bolton & Menk, the City's engineering firm. Dan Faulkner,
engineer assigned to Mound, will also attend.
About two years ago, Mayor Hanus met with Mr. Schmidt and they discussed the cost of
engineering and generated ideas on how savings could be achieved. As part of that discussion,
Mr. Schmidt reminded City officials of how the level of customer service affects the cost of
engineering. Previous to this, stepped up communication efforts had been requested of B & M
and since that time, few if any complaints have risen to my level or that of elected officials.
Communication and customer service are two of the areas that have room for savings but the
fallout will be noticeable.
I am aware that elected officials have their concerns and questions related to engineering that go
beyond communications. This face to face with Bolton & Menk representatives offers you the
opportunity to inquire and to come to consensus on expectations. Please spend time in advance
forming your questions so time is well spent in this opportunity to work directly with the
engineers serving Mound.
printed on recycled paper
-1-
n
MEMORANDUM
TO: Mayor and Council Members
FROM: Catherine Pausche, Finance Director /Clerk/Treasurer
DATE: October 17, 2014
SUBJECT: Engineering/Project Cost Analysis
At the September 3, 2014 budget workshop, Staff was asked to compile an analysis of engineering
and construction contract costs to show the relationship between the feasibility study, bid process,
actual project/construction contract costs and indirect costs.
Three separate items have been included to facilitate this review and discussion:
A. Summary of Annual Street Reconstruction Projects 2007 — 2013
For each of the annual street projects, the feasibility study amount, accepted bid amount, and
actual final cost is broken out for the contractor and indirect costs. A summary was provided
as well as the original source documents provided by Bolton & Menk.
Note: The feasibility and bid phase indirect costs are projected at 30 %. The percentage of
indirect differs from year to year as do the complexity /make -up of the project /favorability of
bids.
B. Summary of All Engineering Fees for 2013 / 2014 Projects
Bolton & Menk provides a quarterly update of the hours and fees charged for all projects.
Not all services provided by Bolton & Menk relate to construction projects, as they help to
administer a lot of the mandate programs required by the state.
Staff requested that Bolton & Menk indicate which services are related to construction
projects and any associated grant funds. In addition, engineering fees for the 2013/2014
projects were looked at over the period of 2011 — 6 /30 /14YTD so the Council could get a
perspective of the life cycle of projects. The average billable hours would be a reflection of
the complexity of the project. It should be noted that the first 20 hours of General
Engineering are billed at a lower rate per our contract with Bolton & Menk (see 2014 fee
schedule).
C. Public Works Director Position
The job description as well as salary information from the League of Minnesota Cities has
been included in the packet and Staff, including Bolton & Menk representatives, is prepared
to offer insights into the necessity of this position.
-2-
v
W_
0
d
Z
0
L)
6+.
tn
Z
0
v
W
cr
F-
LL)
W
cc
F-
Ln
J
Q
D
Z
Z
Q
h
0
N
-4-
000
000
000
000
000
-m
ho
000
- O
N
O
O
N
O
O
c
0
O
N
O
- 0
Lft
0
:
m
N
0
N
m
O
i6
m
O
4
O
N
00
: O
V
h
1�
m
N
Ln
m
00
H
W
N
Ln
m
ul
d'
m
h
00
M
LP
W
O
m
O
v1
ti
m
m
W
h
h
N
N
N
.-�
m
O
N
M
.-�
N
:. O
m
ct
::
to
Ln
h
w
h
Ln
�O
O
1
M
V
l+1
M
N
N
0J
n
Oi
N
O
L/1
l
- O
'-I'
N
LP
m
O
w
U
: m
h
h
l0
LI1
m
M
W
.-I
W
00
O
O
m
.-1
m
0
0
V
N
00
y
W
m
It
h
N
C
N
N
V
�-i
m
[f
M
e-1
e1
O
M
a
V1
m
o
'p^
N
M
V
N
ti
„i^
th
V1
V}
V1
Lf
L1
N
VT
'.j
N
r-1
'-1
N
N
Vf
N
N
t/T
VT
VF
4/}
V?
lR
V}
1/T
a`
R
O
f
O
O
O
O
O
O
O
h
O
O
O
O'O
0
0
N
m
v
ur'i,
m
°
om
v
m
N
O
N
N
ro '!
0
0 O
O
O
O
O
O
O
Oi
o
in
M
m
tp
O
O
N
O
h
W
O +:
�
�
Lri
o
0o
ri
U;;
V
ti
N
N
N
p
m:
c
-o
N`
O
O
O
'O
O
O
O
O
O
O
O
O
O
O
O
+'-
O
O
O
Y
O
Ln
O
O
ti
O
O
00
O
O
N
O
O
Lp
0
Ly
h
N
LN n
oa 0
c-
O
vt
N
O
O
W
d
14
m
ey
N
to
m
0
m
m
m
m
N
W
M
M
O
N
ti
Ln
M
Vl
m
O
lD
m
O
N
M
l
N
N
lD
Y....
'h
lD
O
W
N
W
N
N
h
N
h
h
N
m
W
00
m
Vt
O
+�:
lD
h
0
w
M
N
h
Ln
N
m
il?
m
N
V
h
V
1p
O
N
O:
N
m
LA
m
V1
N
C
•00
y'
G
Q ^;
W
y>
6
O
O
O
—6-6-6
0
0
0
O
O
O
O
O
O
0
00
V
N
N
O
i
O
m
LD
O
M
CLn O
ct
h
o
m
OO
m
m
0
o
a
In
ti
m
to
m
mcl
.-i
N
m
h
h
cl o
O
W
L/1
[i'
Lf1
tp
m
l+l :
V
1p
V
ti
M
O
O
M
Y:
N:
N
N
O
1p
In
m
N
m
'��
00
m
U
N
O
V
N
M
fY1
A.
U
Y
QF
N
Q
Q
F
U..
E
0
:2
✓1
}}
.Q
I6
Vf
N
N
Q:
VI
N
N
"_O
C
F.
M
y
-O_
"O_
'6_
OLL
m
LL
J
@
LL
m
LL�
LL
m
LL«
LL
m
LL
LL
m
LL
N.
LL
m
LL
F
LL
m
LL
3
Fa"
cc
-4-
-5- 6 G C t0 m LL ry LL 6i LL LL O] LL Q LL m LL LL 0] LL
O O
O M
M O
O O
O N
N O
O O
O n
n O
O O
O N
N n
n n
n m
m 0
0 0
0
0 0
0 N
N O
O U
U1 0
00 O
O n
n M
M t
tf) M
M O
O t
tO a
a M
M i
iO N
N O
Ol i
iY W
W N
N
l0 m
m m
m O
' ,
o m
m v
vi m
m o
of a
ai n
n m
m r
rn w
w a
a
H t
m W
W O
,-i a
ai o
e-i m
m n
n ✓
✓1 c
cO n
n m
m o
o O
O
t� m
ONt e
m v
v r
rn �
�n r
rn m
m o
o L
V n
n �
�0 0
0 o
o N
N v
vi m
u Lr i ✓
✓1 O
O1 O
O V
V 0
0 0
0 0
0 �
Lr
0 0
0 W
W ✓
✓1 '
'-i
M v
O o
o0 O
OO N
N e
ep m
m
N
to N
N N
Vf L
L} V
Vl 1
1? N
N V
VT N
N t
to L
L} N
N N
N t
t?Vf '
'.j N
N N
N
N N
N m
m V
V} L
L} V
VT
a
m
0
r
0 0
0 0
0 O
O O
O O
O
H 0
O n
n n
n m
m N
N v
v
N O
N M
M M
M N
N l
lO l
lD
{O N
O n
n n
n O
O n
n n
n
V O
VT V
V1 V
VT
r
N
O
N
R
L
H
N
�
NNN
N �
O
d
L b
b0 —
—
w 3
3'
` 3
3 �
0
�
a '
'D
•�
o •
c c
c �
�
O O
O O
O O
O N
N O
O N
N O
O O
O O
O O
O.a
O O
M
{j N
m t
tD c
cr o
o N
N V
V t
tD t
t11 m
m V
Vt V
Vt ✓
✓1 a
a �
� O
O N
N O
O
,-� m
m m
m o
o n
n r
rn m
m t
ti n
n m
m m
m �
�
m M
M,
L N
N O
O n
n �
� L
Lr o
N N
N N
o0 N
N r
rci H
H �
�O L
N W
W N
N N
N 0
01 r
r
p@p N
oo O
Ol .
.-i i
iD m
m N
N V
VT n
n N
N t
tO M
M V
V d
d' t
tp O
O.: W
W d
m N
N
J V
Vt v
vt W
W N
N .
.-i N
N a
a-i t
t/T V
V} N
N L
LT N
N V
VT U
U. N
m
C —
—
y �
�!
d u
u
C 1
.0 O
1N
W O
O
O N
N 0
0 0
0
0 0
0' O
O O
O Q
Ql O
O O
O �
�D O
O O
O l
lD O
O O
O 0
01 O
O O
O �
�+1 y
y„
O O
O N
N
N N
N O
Ol O
O 0
0 l
lD O
O O
Ol a
a0 i
itf N
N 0
06 -
-. N
N o
o6 l
l6 O
O o
o6 i
i6 6
6
�-i N
N M
M V
V1 l
lD 0
00 V
Vf O
O m
m W
W H
H W
W I
IA .
.-I 0
01
N L' '
n n N
m
' n
O a
0 a
a O
O n
n V
V n
n m
m 0
0 L
Lr
a 0
'0 O
Ol N
N m
m
V O
Ol D
D7 d
d' �
� a
a ✓
✓1 i
i/} ✓
✓T N
N N
N :
: N
N N
N N
N '
N y
yv a
G
O,:
O O
v a
a`a
D'
N
cc
I�Clx-
I
W
3
W_
z
J
Li
W_
O
t�
Z
O
u
H
Z
O
V
W
w
F-
LU
W
cc
F-
Q
z
Z
Q
0
N
N
0
ri
N
Z
0
a
V;
W
J
O
V
Z
cc
cc
Z
Val
-6-
0
0
0
O
O
N
O
O
h
0
0
m
-.
O
O
m
h
m
tD
0
0
N
N
.-i
W
c0
o
m
t0
o
V
N
m
a
m
ti
o
N
a
:.
o
h
00
0
00
:
a
o
a
✓i
h
vi
d
o
o
a
o
i6
o
06
m
06
o
m�6
C
,..
O
m
:
m
o
m
o
v
m
N
a
N
H
ti
m
O
a
O
Vt
a
O
t0
V:
lD
Vt
N
V1
N
h
O
01
O
:N
N
H
14
V
O
N
N
W
Ol
W
N
N.
«
Q
N
Vf
+/T
VT
N
Lf
V?
a
A
0
f
O
O
O
':O
0
0,
y
h
N
N
U
O
O
o
h
y
Vi
V1
V1
�D
h
h
y
N
V!
N
N
LT
Y
N
O
01
`m
t
N
O
O
O
O
o
O
O
O
O
O
O
O
O
o
y
y
0
0
0
d
V1
V)
V)
V)
N
V)
V
O
bA,
'O
C
C
'C'
Y'
A
o
0
0
o
o
o
o
C)
+
o
0
0
O
m
m
o
o
i
m
o
o
m
vi
i
ai
Ln
0i
6
v
m
v
�
.:
d
rn
vW i
am o
om f
h
N
v
vi
v
0
o
vh i
pO! p
m
m
\
LT
V}
V?
VY
N
N
W
LI
V}
00
Y
C_
Y
d
W
0
0
o
o
v
o
o
v
ooh
o
o
o
o
ti
10
O
O
W
O
O
O
h
N
tp
O
O
ti
W
V1
07
V
.--�
W
cF
:
h
O
N
O:
Ol
tD
14
Vl
Ql
O1
Vl
V)
m
m
h
m
V)
Ol
Ql
h
N
N
F.:
m
d'
O
OJ
V
N
O
O
Vt
.-a
t0
m
M
W
m
N'
O
m
O
Vl
Cl
'-i
W
O
W'
F
O
N,
W,
O
N
r
✓
�
u
N
W
N
�.
O
Y
��
Y
J
co
zz
w
0
a.
CO
m
F
LL
(D
LL
F-
LL
21
LL
J
>q
LL
O�
LL
LL
O]
LL
LL
m
LL
LL
LL
!N
LL
LL
�
?
a
-6-
Q
W
Q
LU
W
3
O
O
3
Q
Y
Z
O
U
W
O
cc
C
Z
O
U
D
Ln
Z
O
U
W
W
W
N
J
Q
Z
Z
Q
O
N
N
Nil
0
0
0
D
o
n
o
o
m
o
o
m
0
0
0
m
n
a
o
o
ko
lD
'-f
✓1
O
M
w
O
O
♦+
ti
0
ct
N
.-f
O
iD
n
m
r�
V
iO
m
N
h
r-�
w
m
O
N
N
N
w
h
t�
ri
i0
C
V
r
N
w
CT
n
b
U
ff
C
w
6
rl n
fy
V
rl
lm p
m
'F
6
w
N
rl
0
a+
O
m
N
�(1
O
M.
m
0
O
O
m
O1
d
A
O
r
0
0
0
b
0
0
0
0
O
O
O
O
O
O
O
O
H
N
C
OO1
N
W
w
N
N
N
V
N N
m
N
�
N
VAT
N
Vf
VN1
VNl
t/T
H
O
d
A
L
N
N:
N
N
L
J
O
3'
o
m
v
c,
c
'c
j
0
0
0
0
O
O
O
m
O
O
m
0
0
o
m
o
o
o
m
m
of
m
of
:ri
.ti
i6
i6
ai
ui
o
m
of
Ni
vi
w
.r�
oo
v
of
m
m
m
c
a
s
.-�
c
m
o
w
m
m
w
o
g
m
m�
v
w
w
m
.+
,-�
o
w
0
'+
n
w
UO
O
M
-4
O:
N
w
.-i
r-
t
c-I
N
to
Lr
0
0
v
N'
ip
cyt
y
m
iD
tD
m
d'
n
ey
N
to
d'
r
:
iD
V
m
O
w
m
m
C
C
�1
•m
a
c
"O'
w
d'
0
0
0
0
0
o
0
0
0
O
o
O
O
m
O
O
✓1
O
O
w
w
O
O
w
m
O
O
m
m
O
O
0
O
w'
O
N
1<
N
O
N
f`
O
O
.y
m
w
M
O
m
O
w
N .
m
0
N
ti
r :
l0
CY
w
c
w
CI
m
m
M
m
w
M
m
w
H
m
M
U
N
W
O
h
w
w
't/F
lR
'In
N
N
N
N
N
.-f
m
lD
w
'-i
a`
n
W'
0!
0'
U:
:iii'
vri
G'
0
r
iii
Q
F
f/1
F
T
T
�:
T
�:
T
w {V{.�
T
T
C
T
W
_
�....
w
c
'
°'
c
v
-o
m
c
J
-o
c
a:
v
•o_
v
p
OLL.
m
LL
J
LL
O]
LL
A
LL
(21
LL
Y
LL
Q1
LL
m
LL
w
: LL
(11
m
LL
F
LL
(l1
LL
F
p
N
N
Q
O
Q
6?
Nil
u
W_
O
CL
CL
z
_®
v
LA
z
O
V
W
cr
W
W
N
J
Q
z
z
Q
0
n,
8-
O
w
m
O
w
lD
O
N
Ln
O
l
h
O
H
H
O
V1
m
O
ul
V
0
O
d
N
O
N
h
O
N
1p
O
N
N
O
V
lD
-
0
V1
N
O
L/1
O
N:
Y
o
o
o
r
Cd
o
IIln
v
N
m
o
06
m
of
a
o
o
w
n
m
o
co
w
L
o
m
m
H
w
o
o
a
w
N
m
n
o
o
o
w
o
sn
W
LD
N
LD
O
w
to
a
Lr
C
Y
: O
H
V
l
N
O
lH 0
w
O
N
m
m
w
H
w
H
M
M
b
N y
N
w
�
1w
w
w
w
H
N
M
m
N
m
N
O
m
w
N
to
Vl
L}
N
a`
ro
0
O
O
y�
O
w
w
H
H
O
N
�
U
H
H
l0
1p
w
w
w
Y
Ot
h
h
N
N
00
W
W
y
H
H
LD
tD
N
h
h
`
m
m
m
m
VT
N
VT
VT
to
Y
N
i/T
V/T
N
O
d
N
L
N
N
O
O
N'
O
O
°
3;
Y
vN
`o
m
V
_
•a
a
a
o
�n
o
o
w
o
o
M
O
O
t
O
m
O
O
N
q
•-I.
yYj
O
H
M
O
w
V
O
O
✓1
O
H
h
:
O
d'
M
t
O
O
H
O
M
M
In
V
h
VT
N
V1
�
d'
tf1
lD
h
Ol
�
h
tl1
O
N
w
I�
O
H
M
lD
O1
O
LD
Ln
H
tD
�;
t`
Lp
LD
�
pp
-
Op
01
01
V
LD
N
C
Et
O
t0
O
',.
V
h
tD
m
f�
N
LD
y
M
m
CT
m
C
-
=
•m
Y'
V
W:.
C
"p.
W
y
i
¢;
O
M
M
O
O
v)
O
h
m
O
I�
r
0
O
O
'O
N
01
O
w
N
O
O
H
O
h
M
O
N
O
O
H
O
M,
O'V
lD
O
w
Vl
O
w
H
O
h
4
O
V
ut
O
C
N
O
O
O
N
O
m
v1
O
N
Ot
V?
LO
V
0
0
l0
O
H
N
}-.
O
m
Ln
w
n
r
v
w
LD
N
Ol
1;7
W
Ot
C
w
O
O
h
rl
m
N
ww
-
m
:
ifl
M
Ifl
Lr
Y
l!1
W
W
w
LD
w
w
w
m
w
m
w
01
m
M
w
m
01
m
Y
H
m
m
M
M
M
m
YJ'
r'
Q!
ti.+
O1
v00
1-
zi
7i
u
a
00
E
a
E
:E
2!
:o
co
a
al
'6
O
LL
DJ
m
LL
O
LL
m
LL
}.
LL
d]
LL
N
LL
LD
LL
LL
O]
LL
F:
?
V
V
0
¢.
8-
Q
W
CAQ
Y
Q
d
z
J
CA
v
W
O
a
z
O
U
D
H
z
O
v
W
F
W
W
J
Q
z
z
Q
N
N
O
O
W
O
lD
N
O
N
N
O
O
h
-:
O
ti
h
h
N
h
m
h
M
N
m
N
N
c
l
m
O
m
N
lA
l0
lD
O
N
tp
V
m
d'
h
W
111
cT
m
N
N
m
O
m
cY
V
N
00
l6
N
N
00
�6
O
m
4
M
C
�.
N
h
m
lA
N
N
N
l!}
N
tll
00
I�
N
h
m
V
m
m
N
N
m
1p
N
ut
N
N
O
v�
N
O
V
N
h
N
H
V
N
ci
O
`1
N
O
Oi
W
ut
N
ut
O 0
O
m
ci
m
h
V
O1.
t'•j
O
V
00
m
m
M
m
M
lc
ti
N
W
O
tD
h
::
N
N
M
tO
O
O
N
CO
h
'-I
N
N
N
N
l0
N
N
h
N
N
tD
i�
m
e4
y
'0
M
V}
N
VT
'V}
1?
VT
in
N
Vf
V?
lR
::
c.j
N
N
N
N
1
N
M
m
a`
m
0
r
o0
00
0 o
ooqq
w
rn
m
N
C
M
N
N
O
:O
m
N
N
U
eH
h
h
00
m
N
N
O
vi
ui
cY
'V
r
of
m
y
�
Ul
tl1
N
N
M
N
N
tR
VT
N
O
a!
A
N
m
NN
�
N
v
u°
Y
r
0
3'
`o
m`
v
A
�•'
O
M
O
O
h
t0
O
M
O
O
ti
N
O
�/1
N
tD
N
O
V
N
vt
m
W
O
m
N
Y.
m
m
M
N
m
m
N
m
M
O
V1
W
V
m
a
l0
00
O
m
rD
N
y�
h
In
�
ti
io
m
m
v
�.n
cr
m
m
lo
C
o
m
«:.
m
m
m
vi
vi
ci
�6
Ni
�-i
vi
Ni
ai
m
N::
m
0
o� f
pp
ri
m
m
m
m
m
m
c
`w
5i
c
u>
•m
v
W
o
h
ao
o
m
0
0
0
D
o
h
0
m
�+
N
O
I�
ti
O
LQ
a
O
.-i
N
O
n
W
O
N
d'
w,.
h
N
N
N
a
N
h
m
0
O
W
lD
Vl
m
ti
:
O
m
m
V
V1
vI
m
00
m
U,
vt
h
O
00
tD
C
O
O
V1
O
H
m
Vt
M
y;,
h�
ct
N
N
tli
DD
O
M
N
N
:
l0
N
M
H
R
N
N
u
:
h
m
a
ti
ut
V
+n
N
N
.-i
N
d'
N
e-i
Q'
O
I-i
Lr
J
C
W'
W'
1/1
W
Ni
Q
U1
W1
Vrl
r
�:
Y
1A.'
�..
J
_
G
u.
u
E
>
:n
:n
Z
m:
a
cc
r
a
Q
v
'o
c
?.
v
a
c
vvi.
m
a
c
y
"o
c
�!
•C
Q:
Q
O
LL
[ll
LL
J
LL
O]
LL
�p
LL
Ql
LL
0
LL
fl±
LL
LL
m
LL
N
LL
O]
LL
r
LL
6]
LL
d
•
•
•
-lo-
to
00
-:T
N
m
lD
00
vt
ul
O
m
t0
r
00
O
Vi
Vl
N
r✓
O
N
CT
m
00
N
r
0)
O
l0
00
OD
O
.4
N
r�
N
O
O
vi
tO
lD
lD
m
LD
N
v)
O
m
W
O
U
a-I
0)
O
O
m
M
M
N
.-I
N
V
V
V
M
e-i
m
O
m
LD
M
N
a
m
m
I�
N
v1
v1
tD
vt
v1
C
v)
r
r
C
-Y'
W
I�
u
N
vl
�-1
M
ct
N
N
V
Ql
y
lD
O
N
V
m
OJ
a
V
00
V
H
m
ct
m
O
N
t�
O
m
lD
lO
e•I
O
N
lD
00
O
O
O
W
m
v)
V
M
N
0l
V
to
m
n
m
W'
V1
y
O
r
.�
77
77
a
c
a
v
m
00
*'
V1
tD
l0
v)
Lr
M
00
00
m
m
N
N
lD
m
m
lD
00
00
4/T
V?
VT
4?
VT
ih
h
O
OJ
@
N
O
O
O
O
L
p
p
0
n
m
O
O
lD
I`�
N
O
N
C
v)
I�
m
v1
d'
O
Ql
V1
�f'
Qp
Cl
li
v1
00
M
W
N
ct
vl C
O
lD
v)
V
O
00
N
h
N
Ql
O
00 @
O
N
N
.
Ot
W
v1
M
O
V
t0
l0
N
h
O
M
tt
V
N a+-
Ot
r
M
'.
h
r
n
v)
tD
rvl
N
m
Ql
01
O
C
`:
O
lD
00 W
@
N
: N
n
LD
M
Lr
W
h
00
vl
O7
c-1
:
01
V
Gl
Ql
N
N
d
O
l0
ul
00
LO
N
m
.-1
00
lO
m
l0
I�
C
m jp
m
m
V
:
N
O
00
N
N
H
i/}
rl
N
i/T
VT
V?
V}
VT
t4
J
an
v>
C
C
N
Q1
Y
N
�
c
u'
a+
W
.Y
l0 7a+
M
00
0
O
V
O
00
W
O
O
O
7
ti
-7
LD
W
O
M
H
v1
N
lD
V1
a
Ot
O
O
M
Q6
.-i
C;
:
N
m
Q1
I-�
O
M
Ot
V
ul
r
N
V
lD N>
O
N
V
N
H
01
r
R
TT
m
O
n
O
N
.-I
m
O
H.
O
a
a
M
lD
lc
I�
m
v1
v1
N
N
O1
O
ul
:
V
W
r, O
M
N
l0
.7
Ol
N
N
H
0
O
h
m
O
O:
rr
00
I� O, .
I�
n
O1
U
O
O
H
N
d'
m
N
01
H
e-I
M
co
:
lD
V
lD
Ql
N
H
O
O
v1
Q)
l0
Ln
lO
m
M
V
N
M
N
N
N
N jp
f�
ti
d'
M
+L+
:
d'
m
O
U
y
UOI
Q
H
U
�
'IL
kA
0
r'
F-
_
1%1
N
r
H
N
0'
W
N:
r
0
_
J,
—
L
Z
w
A—�s
w
'6
C
N
-_6
C N
,O
?
m
LL
K
LL
m
LL
LL
m
LL N
LL
m
lL
O
LL
LL
m
LL
@
LL
-lo-
Q
W
Q
z
J
Wp
r
u
w
O
z
LO
r
u
H
z
O
u
w
cr
W
W
w
tA
J
Q
D
z
z
Q
m
O
N
»-
m
a
LL
O
z r
Z
w
Z
w }
� a
U a
a LL
cZ c�
G C
F
w
Q w
3 z
O
O �w
O
z m
z
J �
LL a
O
z
O_ O
r J
o a
C) Z
a LL
W
W �
a
o �
o z
w w
�n w
w m
¢ O
Z Z
Z
v Q
r =
O Z
z z
a
C
a
a a
� z
LL
O O
z z
t0
N
m
O
N
tl1
O
m
m
m
m
In
O
W
n
�/1
V1
01
n
W
V
a0
.
.
.
4.
N
N
0.
yr
00
h
o0
ti
O
V
N
N
ti
a
n
W
N
ul
O
:�
N
ut
V
V
V1
off
M
h
00
1p
1p
�Il
N
W
4P
O
W
d'
n
N
n
H
O
n
M
N
C
n
U
N
O
m
M
d'
O
N
N
tti
N
N
O
-
tD'
l0
m
W
N�
O
W
E
Oi
a
L/1
M
•O
�
N
l/T
+/}
M
l?
1/!
V}
VT
VT
VT
cj
r-1
'-I
m
N
rt1
H:
�
4/1
�
N
L!
rl
VT
'-I
LT
U1
V1
1/}
4/}
N
LT
VT
N
d
m
O
r
O
0
0
W
m
m
m
VNj
On1
N
N
0
°
m
m
o
a
m
m
0
0
n
m
n
n
m
w
ti
m
.�-�
N
O
d
m
L
N
M
Y
o
V
L
O
0
3'
�
-o
Y
r
:y
n
N
0
n
N
tD
O
m
O
O
ti
a
O
N
n
0
m
N
y
vt
n
0
m
M
N
N
n
tp
n
m
0
M
m
W
ci
O
m
m
0
i0
a0
oo
O)
O
06
M
O
O
N
N
n
M
0
O
V
n
n
N
.-1
N
m
:
O
Vt
00
W
O
O
a
O
tD
V1
01
pp
n
0 0 0
O
d'
N
W
N'
rl
N
r
N
d'
V
n
M
N
;in
O
a0
V1
v
:
�o
n
a
o
o
w
o0
00
�n
m
w
✓i
a
m
N
:o
V
n
m
J
N
N
Ol
N
M
N
N
N
V}
4A
✓)
Vl
i/1
'✓�
'lh
U
N
ill
l/i
C
V1
tR
Y
c
'G`
d:
m
o
m
m
o
N
v
o
n
o
n
o
N
w
a
N
m
0
m
d'
o
o
o
m
m
r1
m
a
14
N
V
(fi
o
m
V
N
N
V1
C
W
N
N
M
'.
N
ap
m
0
lD
N
Vi
m
O
n
N
:
O
N
O
N
m
L0
C
O
a
N
m
N-
Ll
'-i
tD
i0
O
h
O
n
Om
N
t0
i+.
O
m
M
W
O
tp
n
h
n
O
op
t!1
✓1
.-�
O
�:
O
N
N
U
N
N
O
iD
O
N
m9J
�
C
vt
V1
O
r
O
Y
N
V1
f0
N
(O
lO
N
J
O
LL
6]
LL
J
.�q
LL
0]
LL
�p
LL
O'i
LL
y
LL
OJ
LL
F
LL
Cl
LL
:�
LL
0]
LL
F
LL
W
LL
n
v
�
L
m
R
4
»-
m
a
LL
O
z r
Z
w
Z
w }
� a
U a
a LL
cZ c�
G C
F
w
Q w
3 z
O
O �w
O
z m
z
J �
LL a
O
z
O_ O
r J
o a
C) Z
a LL
W
W �
a
o �
o z
w w
�n w
w m
¢ O
Z Z
Z
v Q
r =
O Z
z z
a
C
a
a a
� z
LL
O O
z z
CL
N
N
d
� N
C C
3 N
O X
W
w �
O C
L
V C
.0
W
co
[b
14-
C
O
O
h
C
O
O
N
O
N
C
Y
N
O
Q
N
N
V
O
H
3
v
v
L
h
L
a
o
\
o
v
�
m
.-+
o
0
v
o
0
-Q C
v �
t s
u U
v
LL �
0
0
0
o
a
o
N
bA
O
h
m
O1
lD
O
a N
W
.-I
4
M
N
111
u
U
N
a'
n
�
ci
V1
N
Q1
h
m
N O
= d
Q i0
o
M
o
Lo
00 W
00
d'
to
ul
lD
N
l6
l6
L6
M
W to N
H Y
LL Q
V1
V1
O
O
N
dl
rl
O
V
C
m
rn
n
m
00
v
O
Q
<Y
N
O
N
u1
N
N
T
t0
m
tl'
N
N
N
X11
M
M
H
I�
N
ti
ti
r-I
e-I
�-1
N
Q
0
o
0
0
0
ti
0
0
0
0
o
0
N
14-
C
O
O
h
C
O
O
N
O
N
C
Y
N
O
Q
N
N
V
O
H
3
v
v
L
h
2014 CITY OF MOUND FEE SCHEDULE
January 1, 2014
Notes:
*City Hourly Rates Apply to Hourly Services Completed on Behalf of The City for Municipal Projects.
* *Applies to Non - Project Specific, General Day -To -Day City Engineer Related Work Items & Tasks.
15-
BC:>i._ --CON & M F==N K 1 I N l
® Consulting Engineers & Surveyors
" 2638 Shadow Lane, Suite 200 •Chaska, MN 55318-1172
Phone (952)448- 8838• Fax (952)448 -8805
www.bolton- menk.com
MEMORANDUM
Date: August 27, 2014
To: Carlton Moore
From: Kreg Schmidt
Subject: City Engineering Service Delivery Plan
The purpose of this memo is to outline, for you Carlton, the options associated with the service delivery
plan for engineering services for the City. Being the primary staff member responsible for implementing
the City's Capital Improvement Plan (CIP), I know you very much understand the City Council has
established a thorough and comprehensive CIP to address the many infrastructure needs of the City. It
should also be noted that approximately 90% of our engineering fees are related to the implementation of
the CIP. As you are also keenly aware, the projects associated with the Mound CIP are unique and
complex and require significant collaboration to assure the plan is goals of the CIP are implemented as cost
effectively as possible and that the improvements constructed will properly serve the City for many decades
to come. Finally, you also have an understanding for the expectations of the residents of Mound as it
relates to how they want to be treated from the standpoint of their communication and response needs
before, during and after the projects that impact them.
The reason I mention the items above, is it has always been our intent to assure that our service delivery
plan matches the needs and expectations of the City Council, Kandis, you and the rest of your public works
staff. Since we have been serving the City, we have done our best to constantly monitor and discuss our
service delivery plan to assure it is in harmony with the City's expectations as this is always our highest
desire.
As a result of these types of discussions, in 2009 we were asked to increase the amount of time that we,
commit to assisting you with your engineering related needs in order to assure the City projects would run
more smoothly. We accommodated this request and believe we met the City's goal of more smoothly run
projects with less resident complaints.
We next responded to a request in 2013 to find ways to reduce our involvement to the extent possible while
only introducing minimal risk of public dissatisfaction, We responded to this request by completing the
items we jointly determined to be advisable and, by all accounts, were able to achieve this objective. In
fact, we estimate the cost saving measures implemented at the beginning of 2013, with additional measures
being added in 2014 will save the City approximately $120,000 in 2013 and $150,000 in 2014. That is a
two year total of approximately $270,000 which will well exceed the stated goal in 2013 of a 10%
savings? Though these changes have not gone completely smoothly, we worked very hard and diligently to
mitigate the risk introduced into the system and axe, frankly, proud of the fact that, together with the help of
you and you staff, we achieved this level of savings without the surfacing of significant negative
consequences.
DESIGNING FOR A BETTER TOMORROW
Bolton & Menk is ar P^ ^rl opportunity employer
-4m-
16-
Fpr+Byy
9
At this time, it is my understanding in speaking with you regarding service delivery that you personally are
very satisfied with our current service delivery plan as it exists today. Further, that you feel it reflects a
nearly ideal balance between the personnel mix of the Mound team and hours to properly delivery the
City's CIP and other general engineering needs. Lastly, you also feel that any further modification to the
service delivery plan beyond those completed in 2013 and 2014 at the behest of the City will result the City
introducing excessive risk into the CIP delivery process that typically manifests itself in wasteful, erosive
and costly ways including:
• Frustrated and Dissatisfied Residents
• Inadequately Seeped Projects
• Project Change Orders
• Construction Cost Overnms
• Missed Coordination Needs Leading to Costly Future Fixes
• Excessive "Construction Phase" Related Elected Official, Staff & Consultant Time
• Excessive "Back End" Related Elected Official, Staff & Consultant Time
It is also my understanding that the City Council has a desire to have all of us revisit the engineering
services service delivery plan to see if there are other options available to further reduce costs beyond the
measures already taken beginning in 2013. It is my opinion that options do remain available for further
reducing costs. These measures will involve both adjustments on our part with our staffing as well as
offloading certain tasks we are currently performing to existing City staff. Please note that should the
offloading of duties from our staff to City staff precipitate the need for the City to either add staff or have
existing staff work overtime, the cost savings associated with offloading work from us to the City will
quickly erode. I also agree with you that any further modification to the current service delivery plan will
very rapidly increase the risk to the City as outlnted above. The potential cost saving items are itemized as
follows:
City Staff Related Items:
• Complete All I & I Project Related Items Except for the CIPP Specification Itself ( Esttmated
Savings = $28,000)
• Complete All Seal Coat Project Related Items Except for the Seal Coat Specification Itself
(Estimated Savings = $7,000)
• Complete All Lift Station Replacement Project Items Except for the Plans and Specifications
( Est(mated Savings = $25,000)
• Total Estimated Savings = $60,000
• Total Estimated City Staff Time Required = 1,200 Hours
Further Bolton & Menk, Inc. (BMI) Service Delivery Modifications:
O Reduce the Number of CityiBMI Project Development Team Meetings by 50% (Estimated Savings
= $5,000)
DESIGNING FOR A GETTER TOMORROW
&olton & Menk is an equal opportunity employer.
-17-
ON$
u
�t914prt4eW�+t
• Replace the Last Remaining Senior Project Inspector with a Graduate Engineer in Training
(Estimated Savings = $15,000)
• Reduce the Number of Construction Coordination Meetings During Construction by 50%
( Estimated Savings = $22,000)
• Eliminate 100% of the Time of Our Senior Engineer Construction Specialist versus the 50%
Reduction from 2012 Levels (Estimated Savings= $9,000)
• Reduce the Public Relations Related Elements (Estimated Savings = 9, 000)
• Total Estimated Savings = $60,000
As shown, providing 1,200 existing staff hours of existing Mound staff can be repurposed to complete the
City staff related tasks outlined above; and the City is willing to take on the additional risk associated with
the additional BMI service delivery modifications, I estimate the 2015 BMI engineering related billings can
be reduced an additional $120,000 as compared to the present service delivery plan. When combined with
the current service delivery modifications enacted in 2013 and 2014, it is estimated the engineering billings
for 2015 would be reduced by an estimated $270,000 as compared to those associated with the 2012 service
delivery plan. Cumulatively, the service delivery plan modifications enacted since 2012 could yield the
City an estimated $540,000 in savings for 2013, 2014 and 2015 with the changes outlined above and
an estimated $420,000 without them!
There are two remaining items I would like to address as part of this memo as follows:
First, is the concept that there is a way to compare our fees from year to year in a meaningful way. For
example, if the fees are $1,000,000 one year and $1,100,000 the next year it means our fees went up
$100,000. This is in no way a valid way to look at this issue as each year there is a new set of projects
requiring a completely unique engineering effort. These numbers are in no way related from a comparative
standpoint and each year completely unique and different in so much as the projects are unique and
different. I only address this item in this memo as I sense that, at times, the ability to compare annual
billings in this way is being inferred or implied.
Second, is the concept of the "project soft costs" percentage used as part of the feasibility report cost
estimates. Typically, for an assessment project, in a City with complex projects where there is a public
relations component, we will use 30% as a dollars place holder. This does not mean the project engineering
will be 30 %. It is a place holder alone that is intended to cover engineering, legal, bonding, staff,
administrative, testing and all other related project fees. It is also intended to have a contingency
component to assist in total project cost estimating for assessment purposes. For your information and use,
the average actual project soft cost percentage for the 2012 project was 23.0% and the average for actual
project soft costs for the 2009, 2011 and 2012 projects was 25.5 %. I only address this item in this memo as
1 sense that, at times, this project soft cost estimate and what it is intended to cover is misunderstood.
It is my hope that this memo will provide you and the City Council the information you need to proceed
with your budget discussions. As always, please do not hesitate to contact me with any other needs you
may have. Thank you for all of the work we get to do for the City of Mound! We will continue to work
as hard as we can to make sure the services we provide are in harmony with your expectations!
DESIGNING FOR A BETTER TOMORROW
Bolton & Monk is an equal opportunity employar.
18-
City of Mound, Minnesota
POSITION DESCRIPTION
POSITION TITLE: Public Works Director/Engineering Coordinator
DEPARTMENT: Public Works / Engineering
REPORTS TO: City Manager
SUPERVISES: Full- and part -time staff within the divisions of public works department
DATE OF LAST REVISION: September 15, 2014
Job Purpose Summary:
Lead, oversee, direct and regularly evaluate all operations and outcomes of the public works and engineering functions in
a manner that ensures the expected reliability of the City's infrastructure. Responsible from design through construction
and ongoing maintenance.
Ensure that all essential function responsibilities are compliant with the City's and/or department's policies, practices,
procedures and internal controls.
Maintain oversight of and responsibility for employees, full andpart -time, within thepublic works divisions.
ESSENTIAL FUNCTIONS
Accountabilities Shared with All City Staff
➢ Develops and maintains a thorough working knowledge of all City and department policies and procedures in order to
help facilitate compliance with such policies and procedures by all personnel.
➢ Demonstrates by personal example the service excellence and integrity expected from all staff.
➢ Develops respectful and cooperative relationships with co- workers, the public and all outside contacts/ constituencies
in a manner that helps establish, maintain and enhance Mound's reputation as a well managed City.
➢ Maintains a commitment to the organization; willing to take initiative; dependability; maturity in relationships with
others; and self confidence. Represents the organization to the public with a courteous, helpful, accurate and
business -like attitude in all communications.
➢ Confers regularly with and keeps the City Manager informed of all important matters pertaining to those functions and
job responsibilities for which accountable.
Accountabilities for Operations
Public Works - Related Accountabilities
➢ Develops and submits a comprehensive work plan, including expected outcomes, that covers capital improvement
projects, operations and ongoing maintenance of the City's infrastructure.
➢ Develops and submits a department budget designed to support successful achievement of the department's
comprehensive work plan.
19-
➢ Develops and maintains operating policies, procedures and protocols for the department that are supplementary and
complementary to those established by the City for all departments. Reviews those requiring updates. (i.e., policy for
sewer system maintenance, to qualify for No -Fault Sewer Backup insurance).
➢ Assists in the preparation of design plans and specifications for capital improvement projects on behalf of the City of
Mound and submits plans to the City and designated State and /or Federal agencies for review and action.
➢ Performs the duties required for the implementation of the Mound Surface Water Management Plan (SWMP).
➢ Performs the duties required for the implementation of the Mound Storm Water Pollution Prevention Plan (SWPPP).
➢ Performs the duties required for the implementation of the Mound Wellhead Protection Plan.
➢ Performs the duties required for Minnesota State Aid administration.
➢ Performs and supervises field inspections of private and public infrastructure construction and maintenance projects.
➢ Provides technical advice to and exchanges expertise with other City departments with interests linked to Public
Works, such as Finance and Community Development.
➢ Meets with individuals or citizen groups with specific concerns or complaints regarding drainage and other utility or
infrastructure- related services being provided by the department, documenting all actions taken to discuss and resolve
these issues in a manner that respects the interests of the citizens and the City.
➢ Prepares and submits various feasibility, technical, operations and evaluation reports to the City Manager and /or
Council as scheduled or requested.
➢ Ensures the department records management system is current and complete so that all necessary information is
available and reliable.
➢ Develops and maintains good working relationships with outside consultants so that there is effective oversight and
management of consultants by the City on its projects for which outside consultants are retained.
➢ Performs a variety of cost - benefit analyses to help determine when outside consultants are to be involved in major
projects.
Other Accountabilities
➢ Establishes specifications, takes bids or Requests for Proposals, negotiates contracts, has oversight of the following
contracts:
• City -wide recycling contract
• Janitorial contract and other cleaning contracts(City Offices building, Public Works building, Centennial
Building)
• Annual facilities maintenance agreements (City Offices building, Public Works building, Centennial
Building)
o Cell company contracts
➢ Maintains oversight of maintenance of all city -owned facilities and grounds, establishing specifications, taking RFP's
for maintenance projects.
Y Facilitates rental agreements for city -owned Centennial Building.
➢ Leads Employee Safety Training Program and /or becomes a key member of the City of Mound Safety Committee,
evaluating the program on an as- needed basis, acting as point of contact for League of Minnesota Cities Insurance
Trust and safety training provider.
20-
➢ Administers Emergency Notification System, being lead person to enter the messaging, training other users, as
necessary. Coordinates with City Manager and Emergency Management Team to ensure system objectives are met.
➢ Performs other essential functions as apparent or assigned.
Accountabilities for Supervision
➢ Selection and Recruitment
o Assists the City Manager with staffing the department with competent individuals whose knowledge, skills
and abilities are consistent with the established preparation and experience qualifications for each particular
classification.
o Evaluates direct reports from their orientation period forward and ensures the timely, accurate completion of
evaluation forms during all review periods.
➢ Assi nment and Direction of Work Hours and Work Responsibilities
o Supervises assigned staff in a manner that ensures uniform understanding of and ongoing compliance with
established City and department policies, protocols and procedures.
o Regularly evaluates assigned staff and services being delivered, taking corrective actions required to redirect
and improve the level and quality of services, ensuring that all evaluation documentation is thoroughly
prepared in a timely, complete manner.
o Provides or ensures the provision of training and development opportunities for assigned staff to keep the
department current and performing at the expected level of excellence.
o Maintains and ensures the security / confidentiality of all personnel actions and performance evaluations.
Reward and Recognition
o Initiates and authorizes placement of letters of commendation in employees' personnel files and when
justified, recommends employees for achievement awards.
➢ Discipline Suspension and Discharge
o Verbally reprimands employees, documenting the reprimand, and prepares written reprimands, when
necessary.
o Recommends employee suspension, ensuring all required documentation is thorough and complete, and when
appropriate drafts letters of suspension.
o Recommends employee discharge, ensuring all required documentation is thorough and complete, and when
appropriate drafts letters of discharge.
➢ Involvement in Grievances
o Serves as the City's representative at Step 1 of the established grievance process, including responding orally
and /or in writing to a grievance.
Essential Duties and Responsibilities
-- Reviews technical engineering work required for preliminary or construction plans.
— Performs and /or supervises inspection of the installation of streets, sewer, water mains, sidewalks, or other public
improvement projects.
-- Reviews City construction plans and maps; does drawings, design engineering and traffic engineering work.
-- Performs complex nonprofessional engineering duties for the City Engineer.
-- Reviews plans, drawings and specifications submitted by engineers, consultants and developers to determine
whether they conform to City guidelines, policies, ordinances and engineering standards.
— Communicates City requirements to engineers, consultants, and developers as they relate to the installation of
-21-
utilities and streets.
-- Ensures the completion of public improvements conducted by private developers as specified in development
contracts.
-- Assists the City Engineer with the review of the development plans for private and public projects, including storm
drainage, utility design, site grading, street design, and traffic circulation.
- -Keep informed on all specifications, regulations, codes, construction practices, and generally accepted engineering
standards.
-- Ensures City is current with regulations of outside agencies and applies regulations to City projects and operations.
-- Ability to effectively manage multiple areas in an efficient, effective and cooperative manner.
-- Successful at resolving conflict or issues with customers.
-- Ability to effectively communicate verbally, electronically and in writing including strong presentation skills.
-- Ability to work cooperatively with department team members as well as Department Directors, other staff, Council
and Commissions as needed to provide quality services.
-- Ability to be proactive and positive, understanding all areas in Public Works, handling questions and concerns.
-- Ability to respond in a courteous and professional manner with both internal and external customers, responding to
inquiries in a timely manner.
These examples are intended only as illustrations of various types of work performed, and are not necessarily all- inclusive.
See Task List. The job description is subject to change as the needs of the employer and requirements of the job change.
Work Environment: Work is performed in a well - lighted, well - ventilated, temperature controlled environment and work is
also performed outside during site visits and during general inspection of the City's infrastructure. Travel to various meetings
and locations is required.
Worker Requirements: To be fully qualified and meet performance expectations, an individual must be able to perform
every essential function. Reasonable accommodations may be made to enable individuals with disabilities to perform all
essential functions established for this position.
Skills Involved: The ability to consistently apply skills learned through formal education, on -going professional development
and /or closely related work experiences as noted herein.
Schedules and Other Conditions: While performing the essential functions of this position, an individual will be subject to
the normal working hours scheduled. Additional hours are required to complete management responsibilities and/or meet with
the Council, outside contractors, consultants and the general public, or for emergency response.
Physical Demands: Performing essential functions of this position regularly requires the incumbent to remain seated in the
normal position for extended periods of time in a controlled indoor climate. Site visits connected to the job can subject the
employee to all possible weather extremes. Some of the essential duties must be performed regardless of extreme cold /heat or
humid weather. Other physical demands include: standing, walking, sitting, reaching with hands and arms, and tasting,
smelling, talking and hearing. The employee is occasionally required to climb or balance stoop, kneel, crouch, or crawl. The
employee may have to lift and /or move up to 40 pounds. While performing the duties of this job, the employee must be
capable of hand and foot coordination. Specific vision abilities required by this job include close vision, distance, color
vision, peripheral vision, depth perception, and the ability to adjust focus.
Mental Abilities: Position requires well- developed learning ability. Reasoning ability needs to be at a level consistent with
solving difficult problems where facts may be insufficient or misleading, requiring inquiry or research. Solutions require
integration of information and considerable independent judgment. This position requires the ability to listen, express and
exchange concepts and ideas.
Lamzuaee Skills: Ability to read, analyze and interpret documents, procedure manuals, plans and specifications, contracts,
codes, statutes, ordinances and resolutions, technical journals, financial reports and legal documents. Ability to prepare
contracts, ordinances, resolutions, policies, reports and correspondence. Ability to communicate effectively both orally and in
writing with elected and appointed officials, staff, other public officials, volunteer departments and the general public. Ability
to respond effectively to the most sensitive inquiries or complaints. Skills in negotiating various types of contracts. Verbal
22-
communications need to be at the level of resolving conflicts, grievances or technical disputes on complex or often emotional
issues. Public speaking skills sufficient for presentations to the city council are required.
Mathematical Skills: Ability to make arithmetic computations using whole numbers, fractions and decimals. Ability to
compute rates, ratios, and percentages. Ability to apply mathematical calculations to engineering analyses. Ability to read
and interpret financial data including budgets, tax information and development finance analyses. Knowledge of budgeting,
budget controls, accounting and government finance.
Personal Attributes: Adaptability to situations involving the interpretation of feelings, ideas or facts in terms of personal
viewpoint; adaptability to influence people about opinions, attitudes or judgments about ideas or things; adaptability to
perform repetitive work according to set procedures and sequence or pace; adaptability to perform under stress when
confronted with emergency, critical or unusual situations; and ability to work cooperatively with a variety of people to
accomplish work demands according to established timetables. The ability to supervise and /or coordinate the work of others
so they may proceed with confidence in performing essential functions and expected performance outcomes.
Minimum Qualifications for the Position:
o BA in Civil Engineering OR 6+ yrs municipal engineering & public works admin exp will substitute.
0 3 years progressively responsible public works administration experience.
0 3 years experience in a supervisory or managerial position.
0 3 years of budget experience.
0 3 years advanced computer experience.
0 3 years of public relations or customer service experience.
o Demonstrated written and verbal communications skills.
o Valid Class D Minnesota driver's license or ability to attain in three months.
Additional, Desirable Qualifications for the Position:
o Registration as a professional engineer in the State of Minnesota, or ability to become registered within 6 months.
0 8 years progressively responsible public works or civil engineering experience.
</
Approved: �/ - Z" /,i
City Wanager
-23-
Oate
-24-
25-
Technician--Advanced.
26-
West St. Paul 1 189471 Engineering Tech III 1 1 1 54,184.00 1 72,259.20
Woodbury 59338 Senior Engineering Project Coordinator 1 61,526.40 79,892.80
Engineering Technician -- Experienced
(Anoka County
332751
Crew Chief I Crew leader) Eng Tech III
Avg (13)
42,993.60
72,280.00
Traffic Eng
Apple Valley
49376
ENGINEERING /CONSTRUCTION TECH
1
59,508.80
70,512.00
Blaine
58020
Engineering Technician ll
Avg (2)
54,020.00
63,553.00
Bloomington
84701
Senior Engineering Technician
Avg (6)
62,009.00
76,504.00
Brooklyn Center
29810
Engineering Technician III
Avg (3)
54,766.40
66,664.00
Brooklyn Park
75306
Engineering Technician II
Avg (5)
47,216.00
60,652.80
Burnsville
61042
Engineering Technician III
Avg (2)
53,019.20
67,662.40
Chanhassen
23629
Engineering Tech III
1
49,940.80
74,921.60
Dakota County
398487
ENGINEERING TECHNICIAN, SR
5
45,198.40
60,590.40
Eagan
65933
Avg (4)
63,502.40
74,692.80
Farmington
18959
Engineering Technician
Avg (2)
49,712.00
62,150.40
Fridley
26347
Engineering Technician 11
Average
53,123.20
67,870.40
Fridley
26347
Engineering Technician 11
1
Fridley
26347
Engineering Technician 11
2
-
-
22491
Asst. City Engineer
1
68,889.60
86,112.00
55772
Senior Construction Representative
1
59,800.00
71,739.20
37755
Senior Engineering Technician
4
56,971.20
72,779.20
=Brighton22321
386691
Engineering Tech II
Avg (30)
41,412.80
57,158.40
51451
Engineering Technician [if
1
60,507.20
67,225.60
22321
Engineering Aide 4
1
55,764.80
69,742.40
Roseville
34178
Engineering Technician
1
58,656.00
70,678.40
Shakopee
34691
SENIOR ENGINEERING TECHNICIAN
Avg (2)
58,032.00
72,550.40
St. Louis Park
46293
Engineering Technician III
Avg (4)
59,828.91
70,386.99
Stillwater
18235
EngineeringTechnicianlV
1
51,504.00
64,380.00
\Nnnrlhi iry
59338
Engineerine Proiect Coordinator
Avg (2)
53,164.80
69,056.00
27-
-28-
Source: LMC Salary Survey
-29-
Source: LMC Salary Survey
-30-
89,461.ti8 110,80/.91
Engineering Technician -- Advanced.
Source: LMC Salary Survey
-31-
West St. Paul 1 189471 Engineering Tech 111 1 54,184.00 1 72,259.20
Woodbury 59338 Senior Engineering Project Coordinator 1 61,526.40 79,892.80
Engineering
County
Blaine
Bloomington
Brooklyn Center
Brooklvn Park
Lakeville
Maplewood
Minneapolis
Minnetonka
New Brightc
Roseville
Louis Park
332751
Crew Chief I Crew leader] Eng Tech III
76,504.00
Traffic Eng
49376
ENGINEERING/CONSTRUCTION TECH
58020
Engineering Technician II
84701
Senior Engineering Technician
29810
Engineering Technician III
75306
Engineering Technician 11
61042
Engineering Technician III
23629
Engineering Tech 611
398487
ENGINEERING TECHNICIAN, SR
Technician
Technician II
Avg (13) 42,993
1 59,508
Avg (6)
62,009.00
76,504.00
Avg (3)
54,766.40
66,664.00
Avg (5)
47,216.00
60,652.80
Avg (2)
53,019.20
67,662.40
1
49,940.80
74,921.60
5
45,198.40
60,590.40
Avg (4)
63,502.40
74,692.80
Avg (2)
49,712.00
62,150.40
Avg (2)
53,123.20
67,870.40
1
68,889.60
86,112.00
1
59,800.00
71,739.20
4
56,971.20
72,779.20
4vg(30)
41,412.80
57,158.40
1
60,507.20
67,225.60
_ 1
55,764.80
69,742.40
1
58,656.00
70,678.40
1 1 51,504.00 1 64,380.00
;(2) 53,164.80 69,056.00
Source: LMC Salary Survey
-32-
Source: LMCSalarySurvey
-33-
'QTY OF M i�
MEMORANDUM
TO: Mayor and Council Members
FROM: Catherine Pausche, Finance Director /Clerk/Treasurer
DATE: October 16, 2014
SUBJECT: Mound Fee Schedule for 2015
As part of the annual budget process, the Council adopts a resolution approving a fee schedule for
the coming year. The utility rates are the one thing that changes every year, and the rest come under
review from time to time, such as the dock fees in 2013.
I am attaching the fee schedule for your review and consideration. This year, I recommend the
Council consider increasing the cemetery fees. The City of Mound has owned and operated the
Mound Union Cemetery on County Road 110 since taking it over in 1944.
Three sections have been surveyed and are available for burial sites. Sections A and B are deemed
full, and only 20+ lots remain in Section C. There is a remaining section by the monument that has
yet to be surveyed, so plots have not been sold. Staff needs to know if this is something the Council
would like undertaken and when.
With a limited number of grave sites currently available, Staff recommends increasing the prices,
particularly for non - residents, to ensure we will have capacity to serve our residents both now and in
the future. A comparison of area prices is included and Staff looks forward to input from the
Council at Tuesday's workshop. The Council is also invited to discuss any of the other fees as well.
-34-
CITY OF MOUND
RESOLUTION NO. 14-
RESOLUTION ADOPTING FEE SCHEDULE FOR 2015
(PROPOSED)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota:
Fees shall be hereby established. In the event of a conflict between this schedule and the City Code the
fee schedule shall prevail. An application or code provision may require payment of fees for consultation
with experts, professionals, or other qualified persons or for other matters which may result in the
imposition of a fee greater than listed in this fee schedule.
ADMINISTRATIVE FEES & CHARGES
Assessment search
$20.00 /search
Comprehensive Plan
$30.00
Copies
$0.25 /page
Faxes
$0.25 /page
38 -23 Duplicate license /permit
$10.00 each
Duplicate meeting tapes
$3.00 /tape
Board and Commissions Minutes (not Council)
$0.25 /page
Notary (set by State)
$1.00 each
Returned Check
$30.00 /check
Zoning Ordinance
$20.00
74 -129 Certification Fee (per parcel)
$25.00 /account
Late fee for invoices not paid within 30 days
1 % per month
(for billable services provided by City)
AMUSEMENT & COMMERCIAL RECREATION
Amusements: (Set by State) Expire April 30
10 -37 Mechanical Amusement Machines $15.00 /location+
$15.00 /machine
Arcades: Expire Dec. 31st
10 -37 Arcade Permit (fee per machine) $15.00 /location +
$15.00 /machine
Carnivals Shows, Entertainment:
10 -73 Circus, show, game or concert
Indoor show $100.00 /day
Outdoor show $100.00 /day
Tent shows $100.00 /day
Dance Hall:
Public dance or live music $300.00 /yr.
$100.00 /day
Parades:
38 -1 Parade N/C
-35-
BUSINESS AND MISCELLANEOUS
Alcoholic Beverages: Expire June 301h
6 -112 3.2 beer license investigation fee $500.00 /investigation
3.2 beer off -sale $150.00 /yr.
3.2 beer on -sale $500.00 1yr.
3.2 beer on -sale temporary (non - profit) $25.00 /day
(for profit) $50.00 /day
6 -21 Set -ups ( +State charges $150 for $300.00 /yr.
Consumption & Display Permit
Temporary (one -day) set -ups $25.00 /day
6 -49 Liquor Lic. Investigation fee per investor (in state) $500.00 /app
(out state) Actual (up to $1,000)
6 -48 Liquor on -sale $5,000.00 /yr.
Liquor on- sale /cabaret $5,000.00 /yr.
Temporary On -Sale Liquor $100.00 /day
6 -48 Wine on -sale $500.00 /yr.
Investigation fee $500.00 /investigation
6 -48 Club license (regulated by State)
Membership 200 or less:
$300.00 /yr.
Membership 201 -500:
$500.00 1yr.
Membership 501- 1,000:
$650.00 /yr.
Membership 1,001- 2,000:
$800.00 /yr.
Membership 2,001- 4,000:
$1,000.00 /yr.
Membership 4,001- 6,000:
$2,000.00 /yr.
Membership more than 6,000:
$3,000.00 /yr.
6 -48 Sunday liquor $200.00 1yr
6 -53 Civil Penalty for violation to comply
First violation $500.00
Second violation $750.00
Third violation $1,000.00 plus public hearing
before City Council to consider suspension and /or revocation of license
6 -117 Civil Penalty for violation to comply
First violation $500.00
Second violation $750.00
Third violation $1,000.00 plus public hearing
before City Council to consider suspension and /or revocation of license
Charitable Gambling:
Investigation fee (set by State) $200.00
Cigarettes: Now regulated by the County.
Fireworks:
38 -253 License to Sell Consumer Fireworks $100.00 /yr.
Additional inspection if needed +$35.00
-36-
Garbaqe Collection:
54 -48 Permit Fee $500.00 /yr.
Secondhand Goods Dealer
Background check /investigation fee $100.00 first year
Dealer License - annual background check $100.00 /yr.
Peddlers & Solicitors:
38 -152 Transient merchants, Peddler, Hawker
One day $30.00
One week $50.00
One month $75.00
One year $200.00
CEMETERY FEES
18 -22 Adult grave - resident
$600.00
Adult grave - non- resident
$850.00
Baby grave - resident (1/2 Grave)
$300.00
Baby grave- non - resident (1/2 Grave)
$400.00
Ash burial - resident (1/2 Grave)
$300.00
Ash burial - non - resident (1/2 Grave)
$400.00
Locate
Actual cost
$1,000.00 /yr or $100.00 /occurrence
(min $25.00)
Maintenance Agreement (June -Oct)
$15.00 /mo.
Ash burial placed on top of casket (limit 1 urn)
$50.00
� • .ice
78 -38
Commercial Boat (fee per boat)
$30.00 /yr.
78 -56
Commercial Dock Renewal
$500.00 /yr.
Slips
$30.00 ea /yr.
Boats stored on land
$10.00 ea /yr.
78 -76
Charter Boat License Fee
$1,000.00 /yr or $100.00 /occurrence
Investigation Fee
$100.00
78 -101
Non - refundable processing fee for wait list
Application
$20.00 /yr
78 -101
Processing fee for full dock refunds
$50.00
78 -101
Late dock license application fee on or after
March 1st (abutters only)
$50.00 /mo.
78 -101
Late dock license application fee for applications
received
between March 1st and March 31st (non- abutters only) $100
78 -101
Dock fee that includes Primary Watercraft (1
boat) $325.00/yr
78 -101
Each secondary Watercraft
$100.00 /yr.
78 -101
Sailboat mooring
$325.00/yr
78 -103
Shared dock application - filed on or after
March 1"
$25.00
78 -102
Temporary Visiting Dockage Permit - up to
21 days
$50.00
78 -103
Shared dock application
$175.00/yr
LMCD charge (based on boat length)
Set by LMCD
LMCD charge (no boat)
Minimum as set by LMCD
78 -104
Penalty fee for undeclared boat at dock
$100.00
78 -104
Penalty for undeclared boat at a slip
$100.00
78 -121
Multiple Slip Fee
$375.00/yr
-37-
78 -121 LMCD charge based on slip length
78 -121 Small watercraft slip fee
Set by LMCD
$100.00 /yr
78 -121 Lost Lake Slips Multiple (Villa of Lost Lake Residents)
78 -121 Lost Lake Slips Multiple (to Mound residents who are not
Lost Lake residents)
78 -121 Lost Lake Slips Multiple (to Non -Mound residents or Lost
Lake Residents for second slip)
78 -121 Lost Lake Slips Multiple (After August 1st of the year)
78 -121 LMCD Charge (based on sf of slip)
78 -121 Multiple Slip Refundable Key Deposit
78 -123 Processing fee for full slip refund
78 -123 Processing fee for voluntary suspension of license
78 -123 Penalty for boat at slip after Fall deadline
FIRE SERVICES:
Fire report (MFD Report)
30 -51 Burning Permit
30 -51 False Alarm (per calendar year) 1st
2nd
3rd
4th
5th -10th
ea. over 10
PARKS & RECREATION:
Depot rental - residents
Depot rental - non - residents
Damage deposit
Cancellation fee (depot)
City Hall /Centennial Building room rentals
PUBLIC GATHERING:
$1,148.00/yr
$1, 950.00 /yr.
$2,050.00 /yr
$1, 000 /yr
Set by LMCD
$50.00
$50.00
$50.00
$100.00
$10.00
$10.00
$0.00
$0.00
$50.00
$150.00
$250.00
$500.00
$125.00 /day
$250.00 /day
$350.00 plus $50.00 cash
$75:0050_00
$75.00 /day
50 -20 Parks or commons use fee: $300.00 - $600.00 /day
Damage Deposit $500.00 - $1,000.00 /day
Permit fee and damage deposit to be determined by City Manager and City Staff upon
receipt of application stating specific use and requirements.
TAX FORFEIT AND /OR CITY -OWNED PROPERTY
Fee for staff review of request for
release of tax forfeit and /or city -owned land
Escrow Deposit for above
POLICE SERVICES
Administrative:
State Accident Report
Police report: up to 5 single -sided pgs
Addn'I pages, same report
Drivers license check: non - resident
Photographs: cost + reproduction, film
Audio Cassette
Video Cassette
Finger printing: resident:
Non - resident:
38-
$200.00
$500.00
$1.00
$1.00
$0.25 ea.
$1.00
$25.00
$15.00
$25.00
N/C
$25.00
DVD's
$25.00
False Alarm (per calendar year) 1St
$0.00
2nd
$0.00
3`d
$0.00
4th
$150.00
5th -10th
$200.00 ea.
ea. over 10
$350.00 ea.
Animals: Expire April 301h
14 -38 Dog /cat license: 2 -year, neutered or
spayed, with proof
$25.00
After April of odd year:
$12.50
Dog /cat license: 2 -year un- neutered or
$275.00 /meter
spayed
$35.00
After April of odd year:
$17.50
Duplicate Tag:
$1.00
Kennel Fee: per day
$15.00
Quarantine Fee per day
$20.00
14 -44 Commercial Kennel:
$150.00 /yr.
Late application: on or after May 10 +
$1.00
14 -1 Redemption of impounded animal
First impound in current year
with current license:
$50.00
without current license:
$75.00
...above impound fees, plus license purchase and following kennel fees...
Mound Animals kennel fee
$13.00 /day
Other city animals kennel fee
$16.00 /day
(fee starts the day the animal is brought into the kennel)
SPECIAL CONTRACTOR LICENSES
Heating, AC, Ventilation:
Contractor registration: $0.00
Tree Surgeon: Expires April 1St
38 -207 Tree surgeon (removal & treatment) $200.00 /yr.
Street Excavation:
61 -23 Street excavation: Unpaved street $100.00 +$500.00 deposit
Asphalt $100.00 +$500.00 deposit
Concrete $100.00 +$500.00 deposit
UTILITIES
Late Fee Penalty - For all bills not paid on or before the due date specified on the bill, a 10% late fee will
be added for the current amount due.
Water:
74 -46 Service Contract Violation
$35.00 /upon t -o
74 -77 Water Meter (with MXU)
5/8 x' /4
$275.00 /meter
/a
$300.00 /meter
1
$340.00 /meter
For (2) 5/8" meters
$392.00 for two
For (2) 1/4" meters
$495.00 for two
For (2) 1" meters
$560.00 for two
39-
Sewer:
105 -100 Master plumber registration $0.00
74 -241 Connection to sewer, but not water $119.35/gtr.
Treatment rates:
Residential:
10,000 gals or less $78.16min /qtr
Over 10,000 gals /1,000 gals. $4.85
Minimum quarterly charge $78.16
Note: The above minimum applies to each single family dwelling or
apartment which is in accordance with existing sewer department policy.
Commercial, Industrial & Multi -unit Dwellings:
3,000 gals or less $26.06min /mo.
40-
1 — 1 '/
$525.00 /meter
2
$650.00 /meter
2 Hpt
$700.00 /meter
3 Hpt
$950.00 /meter
4 Hpt
$1,500.00 /meter
2 tru/flo
$1,610.00 /meter
3 tru /flo
$2,225.00 /meter
4 tru/flo
$3,000.00 /meter
MXU only
$135.00 ea.
Sprinkler Meters (without MXU)
5/8 x 3/4
$125.00
1 ^
$275.00
74 -128
Water Meter Test
$50.00 /test
74 -127
Water gallonage rates
Service Charge
$14.80 /mo /acct.
User Fee Residential (Quarterly)
Tier 1 1 -5,000 gallons
$3.85/1000g.
Tier 2 5,001- 25,000 gallons
$4,43/1000g.
Tier 3 25,001+ gallons
$5,09/1000g.
User Fee Commercial (Monthly)
Tier 1 1 -2,000 gallons
$3.85/1000g.
Tier 2 2,001- 15,000 gallons
$4.43/1000g.
Tier 3 15,001+ gallons
$5.09/1000g.
New Account Charge
$10.00
On /Off at curb box (during normal
$35.00
business hrs.)
On /Off at curb box (after normal
Actual Cost
business hrs.)
Repair Fee
Actual Cost
Reconnection Fee
$35.00
Sprinkler System
2 inch
$3.00 /mo
4 inch
$4.00 /mo
6 inch
$6.00 /mo
8 inch
$15.00 /mo
10 inch
$25.00 /mo
12 inch
$33.00 /mo
74 -27
Water Trunk Area Charge (WTAC)
$2,000.00 /unit
Water Service Connection Fee
$240.00 /unit
74 -44
Water Turn -on
$35.00 /event
74 -45
Plumber Violation
$100.00 /viol.
Sewer:
105 -100 Master plumber registration $0.00
74 -241 Connection to sewer, but not water $119.35/gtr.
Treatment rates:
Residential:
10,000 gals or less $78.16min /qtr
Over 10,000 gals /1,000 gals. $4.85
Minimum quarterly charge $78.16
Note: The above minimum applies to each single family dwelling or
apartment which is in accordance with existing sewer department policy.
Commercial, Industrial & Multi -unit Dwellings:
3,000 gals or less $26.06min /mo.
40-
Over 3,000 gals /1,000 gals. $4.85
Minimum monthly charge /unit $26.06
Single Family Dwelling - The sewer rate shall be based on the actual water used. Water used but not
placed into the sanitary sewer may be deducted providing it is metered.
Two - Family Usage and Multiple Dwelling Usage — It is computed on the same basis as a single dwelling,
except that the total quarterly charges on all such properties shall not be less than the number of units
multiplied by the $26.06 1month minimum charge per unit. Water used but not placed into the sanitary
sewer may be deducted providing it is metered.
Dwellings Connected to Sewer but not Connected to Municipal Water — Shall pay a quarterly rate of
$44,r 84119.35. If such users wish to pay sewer rates based on gallons of water used, they can
purchase a water meter from the City and have their own plumber install the meter on their well.
74 -241 Sewer Availability charge(SAC) $2,435.00 /unit
(passes through to Metro Council Environmental Services Agency)
Sewer Trunk Area Charge (STAC) $2,000.00 /unit
Sewer Service Connection Fee $240.00 /unit
Storm Sewer:
Single- Family or Two - family Residential
$26.94/lot /qtr.
Cemeteries
$3.59 /acre /mo.
Parks and Railroads
$10.94 1acre /mo.
Public and Private Schools /Institutional Use
$18.27 /acre /mo.
Multi- family Residential Uses
$43.88 /acre /mo.
Commercial /Industrial/Warehouse Use
$73.57 /acre /mo.
Churches
$18.27 /acre /mo.
Recycling Household Charge:
Fee per household per month $4.00 /mo.
Street Lighting - Franchise_
Fee per account per month $1.50 /mo.
Miscellaneous Fees:
A miscellaneous fee shall be paid by the applicant for land use application expenses which the City
incurs in regard to the review and processing of that application, and which exceeds the application fee.
Such expenses may include, but are not limited to, direct City payroll and overhead costs, fees paid to
consultants or professionals acting as an agent of the City, the cost of printing, mailing and supplies.
Such miscellaneous fees shall come due immediately upon notification by the City. The City shall
provide, upon request of the applicant, a breakdown of the various expenses incurred by the City. The
City may withhold any final action on a land use application and /or rescind prior actions until all
miscellaneous fees are paid in full. The City may request additional deposits if deemed necessary.
Adopted by the City Council this _th day of December, 2014.
Attest: Catherine Pausche, Clerk
41-
Mayor Mark Hanus
hoo,, .e=
Ed Edit View Favorites Tools Help
Favorites ,, s; Login City of Mound, MN 8 Mtp— www.mmd.atlmmskat.. http-- www.mmd.admin.ztat... F: http-- www.mmdadmios[aL..
jg Hennepin County pmpedy IntetacFve Map — • Page • Sandy • Tools • $} . »
(<'EStltS
Links
PID:2311724320002
i<rF�s a,a,eae9a
ao,nd r,ult_;.,
PmneeTaxpayer
Ovnlen dla-a Of Linn)
CRY GF LkJLiI IC
2sii 'ILSH�Fc'
Taxpayer. BL -0
uounci�,fle: �.a
Tax Ovilct
School
DiaC
Legend
2easure
Dane
-42-
C
O
L
1. I.
O
U
a)
U
d
L
v
CN
G
U
U
v
L
Q
-43-
d
u
0
0
Ln
N
V?
v
A
s
U
U
N
L
C
C
f0
0
Ln
r,
N
C
f0
N
Y
m
U
A
O
n
7
v
0
C
t6
t
p
p
Q Y
a
c
"3z
m a�
Y
O
Y
Z
o
v
N
O
\
pp
±
Q
O
Y
\
m
v
o
c
Y
aQ
c
v
00
n
T �
�
m
oo
+
E
Y
c
c
00
W
C
v
E
vG
Y N
O
V
N
W
c
O
O
Z
rn
Y
Oo
O
o
O
^
Ln
�
7
C
ti
Y N
V?
72
a '�
o
v
o
�
o
N
t/?
c
O
c
ci
ti
Ln
C
H
CC
O-
U
W
O
=
i
Y
J
Y
4+
Q)
y
a
E
3
u
v-
o
a
c
n
D
Y
J
O
N
c
`
O
O
0
•-
-
x
W
U
a
LL
O
-43-
d
u
0
0
Ln
N
V?
v
A
s
U
U
N
L
C
C
f0
0
Ln
r,
N
C
f0
N
Y
m
U
A
O
n
7
v
0
C
t6
atv of �nauro
MEMORANDUM
TO: Mayor and Council Members
FROM: Randis Hanson, City Manager
Catherine Pausche, Finance Director /Clerk/Treasurer
DATE: October 16, 2014
SUBJECT: Centennial Building Lease Agreement with Westonka Historical Society
Following the September 3, 2014 budget workshop, the WHS requested a change in the space that
they lease which would allow them to take over Level 4 and give up some of the less ideal space they
are currently using. Although Staff recommended not breaking up the levels in 2013, the lack of
interest in Level 4 by other prospective lessees has made us reconsider this concern and we
recommend approval of their request.
The original request from Westonka Historical Society (WHS) regarding funding from the City of
Mound is included again in this packet, but we have requested that they not attend the workshop.
The WHS has obtained $3,000 in funding from the City of Spring Park, which equates to
approximately $1.80 per capita.
The WHS has asked the City of Mound to enter into a Memorandum of Agreement with the City
paying WHS for its services based on population at a rate of $1.50 per capita, or approximately
$13,575 per year. The Council will need to direct Staff on whether or not the City will enter into an
agreement with WHS and at what funding level for 2015.
-44-
Centennial Building Square Footage
Level 1 Floor Plan - Lower Level /Garage
2014 Actual 2015 Proposed
Description
Dimensions in Square Ft.
Area
Rent Rate
Rent Rate
$6 / sq foot
$6 / sq foot
+10% CAM
+10% CAM +2.5%
Break Room
20 x 15.5
310
City /CAM
City/CAM
2B Finance Director
15.5 x 13.417
73
WHS
Available
Cinder Block Storage Areas
12 x 11
132
WHS
Available
2C Accountant
12 x 7.33
88
WHS
Available
13.33 x 31.67
422
CITY
CITY
2D Accounts Payable
25 x 12.75
319
CITY
CITY
Garage
28.75 x 21
604
LMCD + 10% CAM
MCD + 10% + 2.50/,
Bathroom
8 x 11
88
City /CAM
City/CAM
Utility
20.33 x 15.5
n/a
City /CAM
City/CAM
Total
1,233
$ 13,563
$ 13,871
Total
2,036
$ 3,915
$ 3,713
Level 2 - Finance Dept.
2014 Actual 2015 Proposed
Description
Dimensions in Square Ft.
Area
Rent Rate
Rent Rate
$10/ sq foot
$10/ sq foot
+10% CAM
+10% CAM +2.5%
2A Network /Utilities
13.5 x 6
81
-MCD
-MCD
2B Finance Director
15.5 x 13.417
208
-MCD
-MCD
2C Accountant
15.5 x 13.417
208
-MCD
LMCD
2D Accounts Payable
11 x 13.33
147
LMCD
-MCD
2E Payroll
12.167 x 13.33
162
-MCD
LMCD
2F Records Room (no windows)
11.5 x 9.75
112
-MCD
LMCD
2G Open Clerical Area
20.33 x 15.5
315
LMCD
-MCD
Total
1,233
$ 13,563
$ 13,871
-45-
Level 3 - Main Floor
2014 Actual 2015 Proposed
Description
Dimensions in Square Ft.
Area
Rent Rate
Rent Rate
$101 sq foot
$10/ sq foot
3E Copy /Mail Room
15.33 x 13.5
207
Avail?
Avail?
3F Receptionist Area
17.33 x 13.25
230
Avail?
Avail?
3B Entry/Waiting Area
13.583 x 7.66
104
CITY /CAM
CITY /CAM
31D Parks
20.5 x 13.33
273
WeCAB $300 /mo
WeCAB $300 /mo
3A Resource Area
13.5 x 8
108
j COUNTY
COUNTY
3C Assessors Office
13 x 13.5
176
COUNTY
COUNTY
Conference Room
18.25 x 13.75
251
CITY
CITY
Council Chambers
29.83 x 42.83
1278
CITY
CITY
Total
2,626
$ 3,600
$ 3,600
Level 4 - Planning
2014 Actual 2015 Proposed
Description
Dimensions in Square Ft.
Area
Rent Rate
Rent Rate
$10/ sq foot
$10/ sq foot
4A CDD /Sarah
12.417 x 12.75
158
Vacant
WHS
4B Main Area 4 cubicles
41 x 17.83 & 9 x 13.583
853
Vacant
WHS
4C PW Director
12.417 x 12.75
158
Vacant
WHS
Total
1,169.91
$ -
$ 11,699
-46-
Level 5 - Manager
2014 Actual 2015 Proposed
Description
Dimensions in Square Ft.
Area
Rent Rate
Rent Rate
$10/ sq foot
$10/ so foot
Level
2,036
3,915
3,713
Current Work Out Room
19 x 18.58
353
WHS @ $6 /ft
WHS 2 $6 /ft
Level
1,233
13,563
13,871
5A Conference Area
13.33 x 11.5
153
WHS
WHS
Level
2,626
3,600
3,600
5B City Manager
20.33 x 13.33
271
WHS
WHS
Level
1,170
-
11,699
5C Laser Fiche
17.833 x 13.583
242
WHS
Available
Level
1,512
12,831
7,681
5D City Clerk
20.33 x 13.417
273
WHS
Available
5E Breakroom
11 x 20
220
WHS
Available
Total
8,577
33,909
40,564
Total
1,512.31
$ 12,831
$ 7,681
Summary
2014 Actual 2015 Proposed
Description
Area
Rent Rate
Rent Rate
Level
2,036
3,915
3,713
Level
1,233
13,563
13,871
Level
2,626
3,600
3,600
Level
1,170
-
11,699
Level
1,512
12,831
7,681
Total
8,577
33,909
40,564
WHS +1% per year.
2014 Rates
2015 Rates ( +1% = $181):
-47-
SF @ $6 SF @ $10 Total
866 940 14,592
353 1,594 18,058
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement ( "First Amendment') is made this day of
March, 2014 by 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:
A. Lessee and Lessor entered into that certain lease dated April 23, 2013 relating to certain portions of
the Centennial Building located at 5341 Maywood Road, Mound, MN 55364 (the "Lease ").
B. The Lease expires on April 30, 2014. The parties desire to extend the term to April 30, 2019, and to
provide for lease payments.
C. Lessee currently leases Levels 1 and 5 of the Centennial Building ( "Leased Premises ") and desires
the right of first refusal to also lease approximately 1,170 square feet of additional space in the
Centennial Building as shown as Exhibit B ( "Level 4 ").
D. Lessor's address has changed and as such desires to amend the certain provisions of the Lease.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follow:
Term of Lease and Share of Expenses Payable: This First Amendment shall terminate on April
30, 2019 unless extended by the mutual consent of the parties. The monthly share of expenses
payment represents Lessee's reasonable contribution to the sharing operating costs of the
Centennial Building with an annual increase of I% rounded up to the nearest dollar. If the Lease,
as amended by this First Amendment, is terminated at any time, the monthly share of expenses
payment shall be prorated. Lessee shall remit its monthly share of expenses payment on the first
day of each month in the amount set forth on the following schedule:
Lease Year
Monthly Share of
Expenses
Annual Share of
Expenses
for Leased Premises as
shown on Exhibit A
(for reference only
Year 1: May 1, 2013 -Aril 30, 2014
$1,215.87
$14,590.44
Year 2: May 1, 2014 - Apri130, 2015
$1,228.00
$14,736.00
Year 3: May 1, 2015 - April 30, 2016
$1,240.00
$14,880.00
Year 4: May 1, 2016 - April 30, 2017
$1,252.00
$15,024.00
Year 5: May 1, 2017 - April 30, 2018
$1,265.00
$15,180.00
Year 6: May 1, 2018 - April 30, 2019
$1,278.00
$15,336.00
439873v2 MJM MU220 -2
-48-
If Lessee rents Level 4 from Lessor, Lessee shall remit its Level 4 monthly share of expenses
payment on the first day of each month in the amount set forth on the following schedule:
Each rent payment shall be remitted to:
Name: Finance Director
City of Mound
Address: 2415 Wilshire Boulevard
City /State /Zip: Mound, MN 55364
2. First Right of Refusal for Level 4: Lessee is given a first right of refusal to lease Level 4 from
Lessor. Lessor agrees to notify Lessee of any third party proposal to lease Level 4 from Lessor.
Said right of refusal shall expire twenty -one (21) days after Lessor notifies Lessee as required by
this paragraph. The Lessor reserves the right to amend the lease terms relating to Level 4.
3. Notices: Except as otherwise expressly provided in the Lease or this First Amendment, any notice,
demand, or other communication under the Lease, as amended by the First Amendment, 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
2415 Wilshire Boulevard
Mound, MN 55364
If to the Lessee:
Westonka Historical Society
P.O. Box 84
Mound, MN 55364
Attention: President
4. Full Forth and Effect: Except as provided in this First Amendment, the Lease remains unchanged
and in full force and effect.
2
439873v2 M]M MU220 -2
-49-
Lease Year
Monthly Share of
Ex enses
Annual Share of
Ex enses
for Level 4 as shown
on Exhibit B
(for reference only
Year 1:
May 1, 2013
— Apri130, 2014
$974.92
$11,699.00
Year 2:
May 1, 2014
—April 30, 2015
$985.00
$11,820.00
Year 3:
May 1, 2015
— A ril 30, 2016
$995.00
$11,940.00
Year 4:
May 1, 2016
— April 30, 2017
$1,005.00
$12,060.00
Year 5:
May 1, 2017—
April 30, 2018
$1,015.00
$12,180.00
Year 6:
May 1, 2018
— April 30, 2019
$1,025.00
$12,300.00
Each rent payment shall be remitted to:
Name: Finance Director
City of Mound
Address: 2415 Wilshire Boulevard
City /State /Zip: Mound, MN 55364
2. First Right of Refusal for Level 4: Lessee is given a first right of refusal to lease Level 4 from
Lessor. Lessor agrees to notify Lessee of any third party proposal to lease Level 4 from Lessor.
Said right of refusal shall expire twenty -one (21) days after Lessor notifies Lessee as required by
this paragraph. The Lessor reserves the right to amend the lease terms relating to Level 4.
3. Notices: Except as otherwise expressly provided in the Lease or this First Amendment, any notice,
demand, or other communication under the Lease, as amended by the First Amendment, 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
2415 Wilshire Boulevard
Mound, MN 55364
If to the Lessee:
Westonka Historical Society
P.O. Box 84
Mound, MN 55364
Attention: President
4. Full Forth and Effect: Except as provided in this First Amendment, the Lease remains unchanged
and in full force and effect.
2
439873v2 M]M MU220 -2
-49-
IN WITNESS WHEREOF, the Lessor and the Lessee have caused this First Amendment to
the Lease Agreement to be executed in duplicate in the form and manner sufficient to bind them at law,
as of the day and year first above written.
Dated: 2014. CITY OF MOUND
IC
Its Mayor
By:
Its City Manager
Dated: 2014. WESTONKA HISTORICAL SOCIETY
By:
Its
By:
Its
3
439573v2 M1M M0220 -2
50-
� estonka
P.O. Box 84
Mound MN 55364
westonkahistoricalsociety.org
August 28, 2014
TO: Mark Hanus, Mayor, City of Mound
"/c Kandis Hanson, City Manager
FROM: Vern Brandenburg, Westonka Historical Society Board of Directors
Ron Pauly, Westonka Historical Society Board of Directors
Pam Myers, Westonka Historical Society Board of Directors
RE: Financial support of the Westonka Historical Society
On behalf of the Board of Directors of the Westonka Historical Society ("WHS "), we are writing to request
that the City of Mound enter into an agreement with WHS to provide financial support which will provide
a facility for the work of WHS.
The WHS Board requests that the City of Mound adopt the enclosed Memorandum of Agreement during
your 2015 budget approval process.
This agreement will assure that permanent space will be provided for the collecting, preserving, storing,
housing, printing, publishing, distributing and exhibiting date and materials pertaining to the history of
the City of Mound.
We would like to attend one of your city's budget workshops. Please notify us which date you would
prefer that we attend.
A financial statement of WHS expenses and revenues generated through membership, donations, sales,
and fund - raising events will be delivered as soon as possible.
Statistics:
Visitors to our communi : The museum is open Saturdays 10:00 a.m. -2:00 p.m. A donation of $3 is
requested. Historical society members volunteer to open the doors in the Centennial Building, turn on
the lights, and welcome visitors. Since our open house just a year ago, June 15, we have welcomed over
500 visitors, from across the Twin Cities, across Minnesota, and from 13 states, from New York to
Washington, and from Florida to North Dakota.
Publicity for our community: Did you see the recent "The Pulse" program on local cable television,
featuring a tour of the history museum? When this UTube video was added to our Facebook page, it got
200 hits! On June 1, 2014, when we took vintage Tonka Toys to the Concours d'Elegance 10,000 Lakes
vintage car show, 100 visitors took brochures about our museum. When you visit the Minnesota History
11-
-si-
Center in downtown St. Paul, and its "Toys from the 50s, 60s and 70s" display, Iook for our museum's
loan of Tonka trucks, on display through January 2015, and on- the -road across the U.S. for the following
six months.
Collections:
Community and Schools: Residents continue to make donations, so our collections continue to grow. The
room devoted to our community's towns -- Minnetrista, Mound, Spring Park, and Navarre -- is bursting
with objects, documents, and stories of families and businesses. Have you seen the voyageur -era pistol,
dated about 1835? Or the 1910 streetcar map? Or the school yearbooks beginning in 1923? Do you know
that we're about to have our 100th high school graduating class, in 2018?
Local Faces: Native Americans settlers Andrews Sisters Graduates. This room is packed with history of
those who lived on our part of the Lake. Tom Rockvam has adopted this room, and is often the tour guide
on a Saturday. His connection with Patty Andrews brought the museum many items from her estate,
including jewelry worn during performances and many of the awards the sisters received.
Tonka Toys: Almost every week, visitors bring a Tonka toy, to donate or to ask questions about its origin
or its value. Ron Pauly has adopted this room, and is often the Saturday tour guide, to give details about
our 400+ toys on display. The donated display cabinets are filled to overflowing, and more donations are
promised.
Programs: This year, the historical society hosted monthly programs, talks by local authors and talks
about local history, plus a Tonka Toy employee reunion. Saturday program topics included the geology of
Lake Minnetonka, "]ester soil" which is on display at Gale Woods in Minnetrista and was named the MN
state soil, "Ski Tonka" and "The Mighty 8e, Air Force" in honor of Veterans.
The historical society continues to create fund - raising events to cover annual costs for the quarterly
newsletter, the creation of displays, and office expenses. This year's fund- raising events included an Al &
Alma's boat tour of Lake Minnetonka and a "House of Moy" dinner.
Volunteers
WHS is an all- volunteer organization. This year's WHS volunteer hours totaled approximately 780 hours.
They open the museum on Saturdays and welcome visitors to our community's historical displays, They
accept donations and organize them for display. They interview citizens, write articles about local
history, and create a quarterly newsletter. They create historical displays for the fund - raisers, as well as
the Gillespie Center and the Westonka Public Library and contribute to displays at the Minnesota History
Center, in addition to searching for items for silent auctions. They market our local history retail items to
local businesses, keeping their shelves stocked with books, jigsaw puzzles and games created by WHS
and local authors.
In conclusion, feel free to contact us for any additional information which you would need in order to
assure your support of this request.
Vern Brandenburg 952 - 472 -5820
Ron Pauly 952- 472 -1809
Pam Myers 952 - 474 -1601, pmyers @iphouse.com
2A
52-
This Memorandum of Agreement (hereinafter "Memorandum ") is entered into between
Westonka Historical Society, a Minnesota non -profit corporation (hereinafter "WHS "), and the
City of Mound, a Minnesota municipal corporation (hereinafter "City ").
WHEREAS, WHS has a long history of cooperating with area cities to preserve local
history and culture via collections of artifacts, oral histories, written word, and other
programming; and
WHEREAS, the WHS is increasing the amount of educational and programming events
to appeal to a wide variety of audiences; and
WHEREAS, the WHS operates with a volunteer staff and modest budget to fund
programming, a history museum, newsletter, website and advertising; and
WHEREAS, per Minnesota State Statute 471.93 the City may appropriate money for the
purpose of collecting, preserving, storing, housing, printing, publishing, distributing and
exhibiting data and material pertaining to the history of the city; for the purpose of
commemorating the anniversary of any important and outstanding event in such history; and to
preserve such history data and material for firture generations; and
WHEREAS, the City recognizes the care, expertise and leadership the WHS has
demonstrated in preserving Iocal history and acknowledges the WHS is an affiliate of the
Minnesota Historical Society; and
WHEREAS, the City wishes to engage the professional services of the WHS on a fee for
service basis.
NOW, THEREFORE, the parties hereto have entered into this Memorandum of
Agreement to serve as the terms and conditions of a fee for service as follows:
I . The term of this Agreement shall be from January I, 2015, through December 31, 2019; and
2. The above recitals are incorporated into this Memorandum as if restated here; and
3. The City will pay $1.50 per resident to WHS by January 306 for each year of the agreement;
and
4. WHS is solely responsible for all required equipment and expenses involved in providing
for the preservation of local history and programming; and
5. To the fullest extent possible, WHS and its employees, agents, successors or assigns agree to
protect, defend, save, and hold harmless the City, its officers, agents, and employees from
all claims, suits, or action of any kind arising out of this Memorandum. Nothing in this
Memorandum shall constitute a waiver or limitation of any immunity or limitation on
-20
-53-
liability to which the City is entitled. The parties agree that these indemnification
obligations will survive the completion or termination of this Memorandum; and
6. The Memorandum shall be reviewed annually by the parties; and
The Memorandum shalt terminate on the last day of the year stated above or earlier upon the
mutual consent of the parties; and
8. This Memorandum constitutes the entire agreement between the parties and no other
agreement prior to this agreement or contemporaneous herewith shall be effective except as
expressly set forth or incorporated herein. Any purported amendment shall not be effective
unless it shall be set forth in writing and executed by both parties.
Pi WITNESS WHEREOF, the City of Mound and the Westonka. Historical Society have
caused this Memorandum of Agreement to be executed by their respective duly authorized officers.
CITY OF Mound
Westonka Historical Society
Date Name Date
-3-
53II-
441-
LEASE AGREEMENT
This Lease Agreement ( "Agreement') is made this 14th day of October, 2014 by and between
Spirit of the Lakes Festival, Inc, 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 corporate address, office
space and basement storage for the Spirit of the Lakes Festival, Inc.
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
November 1, 2015 through October 31, 2015. Rent for the initial term of this Agreement shall
be fifty dollars even ($50.00) per month, with Lessor paying in full ($600.00) the first day of
November each year thereafter. Lessee shall remit each rent payment to:
Name: Finance Director
City of Mound
Address: 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 two hundred dollars ($200.00) 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 within thirty days of lease termination, 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 10"' of any month, then Lessee shall also pay the Lessor a late charge of ten dollars
414541v2 MTM MU220 -2
-54-
($10.00). 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 10`1i 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. 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 Lessor upon execution of this
Agreement and any extension thereof.
6. 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.
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.
11. Maintenance: Lessor shall coordinate with Lessee regarding the following maintenance of
414541 Q MJM MU220 -2
-55-
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 an administrative office 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 festival office is not a
permitted use under the City's zoning ordinances, the Lessor will immediately notify Lessee. I1
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.
414541 Q MJM MU220 -2
-56-
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.
414541 Q M!M MU220 -2
-57-
21. 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:
City Manager
City of Mound
2415 Wilshire Boulevard
Mound, MN 55364
If to the Lessee:
Spirit of the Lakes Festival, Inc
5341 Maywood Road
Mound, MN 55364
Attention: Board Chair
22. 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.
23. Governing Law: This Agreement will be governed by and construed in accordance with the
laws of the State of Minnesota.
24. 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.
25. 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.
26. 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.
414541 Q MJM MU220 -2
-58-
Dated: 2014. CITY OF MOUND
By:
Its Mayor
By:
Its City Manager
Dated: 2014. SPIRIT OF THE LAKES FESTIVAL, INC
414541 v2 MJM MU220 -2
By:
Its Chair
By:
Its Treasurer
-59-
a'
i!
0
`o
LL
LL
r
O
r a
14 l
S
w.
w
C n
W i G I J. W
� T CL 6 1 tlt 9
N �
VI
� # f
ti O N m Yn H fl f1Y
L
to
41 cy, �
rrj
u N
U R �
u r
� c m a It _
w
>
p
v
C
s
3
3
r
Z
F
0
IJ
c
0
i
LL
I
r \1
t ~ V
i \v
C 10
Ln f
N
V
C
� a
'S
6 N�
L
Y
il tint �}
\d
I
c
v
N t
v
E
E
3
3
n I
s �
J
T`� I
h 1)
Z
C
E
m
E
3
n
s
v W
xk
Icy
C Y
� J1
Z I
F tin .I
G +.
c 'O
r
� rl
m c
q
� t
� o
w
u
I
1
ICI
V i
VI
: O
III
VI
Vr�:
I
n•
c+
U
QI
0.
1
1
I
➢ m
1
�
u
J' CT
II
JI
JI
U
J
I
'.
i
p'
G}
i l
f
[J
U
,
(�
LI
V
fr
I
1
I
f)1
•L
,�
�
v
i
•i
a
IV
nr
+
n
� �
rl
a
.l
ro�
�
J
r wn
W 11
G
v
n
I+
I
I
s r
I
n
n
m
u
v
u
�
v
p
�
dl
V
d
•
d d
1
11
In
it
ry
r
C
F
b
1Y
IA
I!
I
M
1
r
Y]
m
n
1
I
n
j f l
ri
c
n
1] Cl
U
l
r'
1
N
p
all
J
U
ci a
tr
m
c
r',
aJ1Y
�
�
4
V
Jj
F
'1
r) 1
Y
fq
t
Gl
��I
ft
rt
'A
N
CI
f•1
I
fJ
N IV
fl
fJ
11
fV
@•
1�
fJ
I
rl
1
f4
4
c,
«
1
a
]
�
v
v •1
u
n
n
m
r
n
t ^1
14
N
f{
[V
fJ rl
11
11
J
tl
4
+
to
n
•
�S
w
L
r�
as
f
+l J
�i
.r
�
IJ
��
1
n
rvl
ra
'a
(i
b
n
ea
rJ
rvi •i
ri
11
% i
rr
rl
til
N
l0
V;
h N
I
r
I
w
ry
rl
IY
_