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2005-12-13 Ill 1 PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. 2. 3. 4. Call meeting to order Pledge of Allegiance Approve agenda, with any amendments *Consent Agenda *A. Approve minutes of December 5, 2005 special meeting *B. Approve payment of claims *C. Approve Payment Request #2 from Chicago Bridge & Iron in the amount of $244,689.82 for the Chateau Water Tower Project *D. Award bid for Repainting of Island Park Standpipe to Champion Coating, with bid amount of $166,000 *E. Award bid for 2006 Retaining Wall Project *F. Approve Hennepin County/City of Mound Lease Agreement for Election Equipment *G. Adopt Resolution Approving a Premises Permit Application by Mohawk Jaycees for Gambling at Dailey's Pub *H. Action on Ordinance Amending Section 380 of the City Code as it Relates to Establishment of Land Use Fees *I. Cancel special meeting previously set for December 19, 2005, at 8:00 a.m. (for consideration of Lost Lake Dredge bids, which will now occur at regular January 10, 2005 meeting). *J. Approve Kodet Architectural Group, LTD, for preparation of Space Needs Study and Conceptual Plans for proposed new Public Works Maintenance Facility 1 PAGE 3396-3401 3402-3438 3439-3441 3442-3443 3444-3450 3451-3465 3466 3467-3469 3470 !1 l PLEASE TURN OFF Ali. CELL PHONES & PAGERS IN COUNCIL CHAMBERS. o o 10. 11. 12. 13. *K. *L. Approve Cooperative Funding Agreement between the City of Mound/ MHRD/MCWD for Innovative Stormwater Strategies in Downtown Mound Redevelopment Project Adopt Resolution Approving Conservation Easement (in substantial form) for City-Owned Remnant Parcel in Lost Lake Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker.) Approve minutes of November 22, 2005 regular meeting Planning Commission Recommendations A° Case #05-72 and 05-73 Minor Subdivision/Variance - (2) lots 2855 Cambridge Lane Ben and Karen Milbrath PC Recommendation: Denial Bo Case No. 05-70 Variance - Upper story addition 2636 Wilshire Blvd. Dr. Paul Olson PC Recommendation: Denial Action on an Ordinance Regulating the Use of Alarm Systems Action on Ordinance Amending Chapter 256 of the City Code as it Relates to the Docks and Commons Advisory Commission Action on Ordinance Amending Chapter 255 of the City Code as it Relates to the Parks and Open Space Advisory Commission Adopt Resolution Establishing Fee Schedule Adopt Resolution Approving the 2006 Final General Fund Budget in the Amount of $4,781,470; Setting the Levy at $4,256.205; and Approving the Final Overall Budget for 2006 Adopt Resolution Approving a Levy Not to Exceed $153,720 for the Purpose of Defraying the Cost of Operation, Pursuant to the Provisions of MSA 469, of the Housing and Redevelopment Authority of and for the City of Mound for the Year 2006 Action on contract proposal with Law Enforcement Labor Services Local No. 35 - Police Supervisors 3471-3494 3495-3509 3510-3516 3517-3553 3554-3590 3591-3596 3597 3598-3599 3600-3608 3609-3611 3612 3613-3621 15. 16. 17. 18. PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. Action on Proposed Signage for Andrews Sisters Trail 3622-3633 Executive Session for discussion of attorney/client privilege information regarding Michael & Judy Gardner vs. City of Mound Consideration/Action on Gardner vs. City of Mound Settlement Miscellaneous/Correspondence A. Questions and comments from Councilmembers B. Correspondence: Mediacom C. Reports: Harbor Wine & Spirits - November 2005 3634 3635 19. Adjourn This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site: www. citvofmound, com. 1 Areh i t e etUra: f· 15 Groveland Terrace · E-Mail arch@kodet.com Telephone 6]2.377,2737 = ~ December 1, 2005 Ltd.; MN 55403~1154 www.kodet, com Ms. Kandis Hanson, City Manager: Mr. Carlton Moore, Pub~'Wor~'Director City of Mound 5341 Maywood Road Mound, MN 55364 Re: Fee for Services Dear Ms. Hanson and Mr. Moore: Kodet Architectural Group :appi~a~ .~e .oppo~ty to worl~ with the Cityl of Mound on the Space Needs Study and Conceptual Plans for ~'~ ~w :M~t~enance Faeiiity} :The following is an OUtlifie of our proposed fees. Proposed Fees Include: 1. Evaluate existing facilities 2. Evaluate potential park site for sale 3. Programming to verify department needs 4. Conduct divisional meetings, etc. 5. Identify eqm'pment needed 6. Identify and maximize use/reuse of existing building 7 Develop up to three designs 8. Develop preliminary cost estimates 9. Present concepts Nine (9) meetings are included in above. Total · . )ktiditiOn~ meetings @550.OO/meeting. i ;Ooo Option for professional appraisal (Lear- Annoni Appraisals): :To be determined, but.estimated r~ge is from $2,.000 to '$2,500. The above fee can be as requested a lump sum fee. Notes: 1. 2. 3. 4. The fee is based on a standard AIA B 151 Owner/A~rchitect Agreement:,(see attached). The fees are for architectural services only and do nOt include consultants oi? real estate appraisals. Reimbursable expenses will be in addition to the above, City of Mound will provide survey, soil borings, and;testing as needed. The following is a schedule for starting the project in Winter.:2005. 1. Evaluate existing facilities 2. Evaluate potential park site for sale 3. Programming to verify department needs 2005 Architecture · nterio1~ - Planning 4. Conduct divisional meetings, etc. 5. Identify equipment needed 6. Identify and maximize use/reuse of existing bldg. 7. Develop up to three designs During Programming (Item 3) During Programming (Item 3) During Programming (Item 3) janua~.y 15~ 2006 to February 1, 2006 February 1, 2006 to February 15, 2006 February 15, 2006 to February 28, 2006 8. Develop preliminary cost estimates December 13, 2005 to February 28, 2006 (Kodet will provide cost estimates during the entire planning process.) 9. Present concepts Meelings included in above. The entire process is anticipated to be completed prior to MarCh 1~ 2006. The schedule can be reviewed as the projeCt proceeds. Kodet Architectural Group will work with you to achieve a mutually acceptable schedUle for the benefit of the City of MOUnd. We are very excited to be on your team for this project. Sincerely, Edward J. Kode~ Jr., FA1A Ek wf 05.022 Attached: AIA B 151 Owner/Architect Agreement Architecture · interiors · Planning COUNCIL BRIEFING December 13, 2005 Upcoming Events Schedule: Don't Forget!! Dec 13 - 7:30 - CC regular meeting Dec 16 - 12:00 - Public Works Holiday luncheon Jan 10 - 6:30 - HRA regular meeting Jan 10 - 7:30 - CC Annual Meeting Jan 24 - 6:30 - HRA regular meeting Jan 24 - 7:30 - CC regular meeting Feb 26 - 6:30 - Chamber of Commerce Ball Upcoming Absences Kandis Hanson Kandis Hanson Kandis Hanson Dec 8-9 Jan 13-17 Feb 10-25 Conflict Resolution St Paul Vacation (Note date change) Vacation City Hall and Public Safety, Admin Offices Closed Dec 23 (noon) Christmas Eve Dec 26 Christmas Day Dec 30 (noon) New Year's Eve Jan 2 New Year's Day Andrews Sisters Trail Signa~e I have just a few concerns about the signage being proposed for the Andrews Sisters Trail designation. 1) The City's financial obligation, amounts to nearly $4,000. How will that be funded? This is a large and unexpected obligation, and is being put upon the City though one individual's initiative. Consider the future implications of this decision. 2) If you will note the large sign with the language describing the life of the Andrews Sisters, Tom Rockvam proposes that his name be listed at the bottom of the sign. I would suggest that it is the Andrews Sisters that are to be commemorated, and that Mr Rockvam's name should not be included. Again, this decision could have future impacts. 3) The large sign with the language and photo of the sisters is fine. However, I recommend approving the trail- end signs subject to the future sign design standards. If you will recall, the 2006 budget funds a signage study, which will establish the standards and the design for all signage--city-wide. Making the trail-end signs subject to the city signage standards will ensure that they match the chosen sign design. There need not be a huge delay through this action in that our first meeting on sign design is set for Dec 19. 4) Mr Rockvam's preferred location is to the left front of the pergola. The trail is being named, not the pergola; therefore, staff is recommending the placement of the sign in the grassy area along the trail, much to the right of the pergola. Placing the sign in the midst of the pergola will obstruct the view when the stage is used for speeches or entertainment. Proposals for Ci,ty Engineer Four firms submitted proposals to act as City Engineer. Interviews will be held on Jan 6, with the intent to place a new City Engineer by the end of January. Just so you are aware, MFRA, our current firm, is one of the firms competing for the position. Architects for a Proposed Public Works/Parks Facili[y On Tuesday, Nov 29, Staff made their selection of an architectural firm for a space needs study for a possible Public Works/Parks facility. Kodet Architectural Group comes highly recommended by Lakeville, Bloomington and Coon Kapids. We are making plans to tour the Bloomington facility, if anyone would care to join the tour. Livable Communities Grant The City failed to place among finalists for the Livable Communities Grant staff applied for, intended to fund a portion of the parking deck in the Transit District. That leaves a funding gap of up to $I.5 milliOn. We are holding meetings with finance experts from Ehlers and Associates and with Hennepin County staff to find some means to fill the gap. Special Meeting Canceled: Jan 19 The special meeting set for Jan 19 has been canceled. Preparation of the paperwork could not meet the publication deadline staff was depending upon when it recommended holding that meeting. A shorter bidding time would have compromised the bids, disadvantaging the City. The bids will, instead, be considered at the Jan 10 meeting. Have a prosp 2006 MOUND CITY COUNCIL MINUTES DECEMBER 5, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Monday, December 5, 2005, at 7:00 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John BeiSe and Dave Osmek. Others Present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Finance Director GinO Businaro, Varco. and Lola Rebiskie, Ted and Jeanette Metz, Bev Fulton, Lisa Stephenson, Dennis and Sandy Ring, Frank and Andrea Ahrens, John and Michelle Olson, John and Carolyn Turnacliff, John and Karen Babler, Jim Funk, Ray Salazar, Mary Berglund, Jimmie Holtz, Greg Eurich. 1. Open Meetina Mayor Meisel called the meeting to order at 7:00 p.m. 2. Truth in Taxation Presentation and Public Hearin_cl Kandis Hanson gave the timeline of the budget process, and stated that the final budget will be considered for approval at the December 13th regular Council meeting. Finance Director Gino Businaro reviewed the proposed budget figures that were included in the agenda packet. Mayor Meisel opened the pubic hearing at 7:15 p.m. John Turnacliff, 2560 Avon Drive, stated that by the information provided, it appears that the City portion is the only portion that's increasing in the proposed 2006 taxes. He stated that his proposed taxes for 2006 are going up 16.5%, and this is not a minimum impact for him, as was stated in the local paper. He went back a few years and looked at his tax statements and stated that if they continue to increase in the next five years as they have, his taxes will be $4400 per year for the city portion alone. He would like to see, and asked the Council that when looking at these kinds of budget increases and what is causing the increase, to take into account how it is actually affecting the people. The real picture is a lot different than the message in the paper, which led a lot of people to believe that there would hardly be an increase. He thinks those numbers need to be kept in line. Beverly Fulton, 5952 Idlewood Road, stated that her increase for 2006 looks like 9.3%, which she wouldn't be hollering about, but last year her taxes went from $2800 to $3200, which is a $400 increase, plus another $304 this year. She is a widow and retired and doesn't know how long she can stay in her home if taxes keep increasing. She wanted to make a phone call to someone to protest last year, but didn't. Meisel 1 -3396- Mound City Council Minutes - December 5, 2005 suggeSted that she call he Hennepin .County Assessor and was given their business card so that she could call them regarding the valuation of her home. John Babler, 2235 Langdon Lane, understands that his taxes would go up, but they went up 20%. He realizes expenses get higher every year and the value goes up. He questioned why the new homes in Langdon Bay and Lake Saunders don't offset an increase for others. Meisel informed him that the Saunders Addition is in Minnetrista. Osmek stated that our city has very little room for additional subdivisions. There is a new house going in on Shoreline, and a new subdivision request received, along with four new pads going in across from :Mound Bay Park. The Lost Lake townhomes, because of Tax Increment Financing, won't contribute to the overall tax base for some time. At a certain point when the bonds are paid, the city will realize tax benefits from them. He also added that Commerce Place will come off of the TIF shortly and that additional revenue then will come into the city directly and help the overall tax picture. He stated that they are here to listen to public testimony tonight, not argue points. He feels there is a significant split in the council and wants to hear testimony from the public this evening. Andrea Ahrens, 4673 Island View Drive, stated she first wants to say please let's not put things off on the tax assessor as to why values are causing taxes to go up because the City of Mound has the biggest increase on all of our statements. Nobody is going up at the rate that the City's going up. She expects as a council they will all justify why the budget has to go up at the rate higher than inflation. She is terrified of these types of increases and asked to be told right now how they justify the increase.- Brown answered that this budget was tough and not all of the council agrees with the proposed increase. Ahrens stated that the council members that do agree with it should be justifying why they need this type of increase and why there aren't cuts being made to offset the increases. She stated that it's ludicrous that taxes are going up almost 17% in a cost of living era of 2%. Something is wrong and she needs to hear justification as to why the council is advocating it. Ray Salazar, 4559 Island View Drive, stated he has talked to staff members and is perplexed about the increases in the proposed 2006 budget. Police is up almost 7% and can't say that's not reasonable, but the Planning and Inspections Department is increasing 26.6% and the Parks Department up 28%, which is the highest increase. He feels we have too many parks and if we can't handle them with the money we have we should sell them to a developer or adjacent property owners. Finance is proposing a 20.9% increase and he was told that's due to a CPA being hired that may eventually take over for Businaro when he retires. He stated that if that person isn't to take over, why can't the city use Account Temps? He continued that all in all, he questions the increase in two departments, Planning/Inspections and Parks. Kandis Hanson informed him that three things are included in the Planning budget, being re-codification of the City Code, Comprehensive Plan update, and next-up redevelopment. Salazar asked what was being redeveloped and was informed that the next redevelopment site needs 2 -3397- Mound City Council Minutes - December 5, 2005 to be planned so when developers approach the city there is a plan in.place for what goes in specific locations. As far as the Parks, Beise informed him that during the same period of time the Greenway was opened and County Road 15 improved, along with all mowing and maintenance connected with downtown redevelopment, as well as the Skate Park and the new park at Village By the Bay. Salazar said again we have too many par~ks and too many duties, and the budget increase is a hefty increase with inflation being at 4-5%. He feels government should be at zero growth and he's looking at nearly'a20% increase on his property taxes for the city portion. Brown stated that as far as zero growth - zero growth in Mound got rid of a lot of our businesses years ago, and we have to have some growth to become a better town. Jeanette Metz, 1601 Bluebird' Lane, stated that her and her husband represent many people :in Mound and 12.5% increase in one year is a lot of money and these increases multiplied over a number of years creates a real financial burden. She stated they are on a'fixed income and retired and live in a very modest home. She stated that the Assessor assured 'her that the multi-million dollar homes next to them would make her taxes to down when they pay their share, and what happened is she is paying the burden. Older adults like them purchase a lot of local services, use local businesses, bank in local banks and yet this kind of tax burden is going to start moving people out of their homes. A 12.5 increase, extended over the next 4 years, is a 50% increase in property taxes. That is a lot of money and she feels she is representing a lot of older people in the same position and would like the Council to'take that into consideration. Jimmy Holtz, 5233 Bartlett Blvd., stated he has the same problem, he's retired on a fixed income and the property value increases drastically every year and taxes to up 12%, 10%, 7%, 8%, and that's his problem. He loves where he lives, has raised his family here and would like to live out his life here, but can't because of tax increases. He asked if there is a provision that would provide for them to make a moratorium on taxes when a person turns 65, to keep the taxes where they are until the home is sold, then they can take the taxes out. Jim Funk, 2940 Oaklawn Lane, stated he would like to echo what others said. These increases are unsustaina.ble long term. He asked the Council to address the point of the fund balance as a percent of expenditures. It was stated that the auditors see a red flag when the fund balance goes below 35% and Mound's has been significantly below this for the past two years. To get to where the auditors are comfortable would mean more tax increases or significant expenditure cuts, or we could leave as is and risk a downgrade in bond rating. Osmek explained that the fund balance is a continuous issue, and why the Council is comfortable with a 20% fund balance is that we now have a moresteady revenue stream. We are no longer dependent upon the state f(~r LGA and know that income is coming in a more constant pattern, as the utility franchise fees that come quarterly. Also we only budget for 95% of property taxes, which usually comes closer to 88 or 90%. At the end of the year 20% fund balance usually comes to 3 -3398- Mound City Council Minutes - December 5, 2005 25% after audit. He doesn't guarantee that, but feels comfortable that taxes will be coming in higher. Andrea Ahrens, 4673 Island View Drive, asked if the lower fund balance has an affect on the city's bond rating. Osmek stated that the City's bond rating has been going up because the rating company also looks at the economic development taking place and the housing mix changes. They referenced the housing behind Jubilee as improving the housing stock of the City. Ahrens stated that She heard that the fund balance had to be at 35% or the bond rating would go down and Businaro informed her that our rating is better now than when our fund balance was at 35%. John Turnacliff, 2560 Avon Drive, stated it's easy to-get wrapped up in the increase of an individual budget item or couple of items but thinks there's a bigger problem than just this budget, aS this has been going on for five years. He stated that the County has been holding, the line pretty well as far as budget increases., but the City is the problem. He doesn't think it's valuation, that's a part of it, but doesn't understand how the assessed value of houses goes up and up and yet they constantly need more tax money from the people. He asked if the Council sees the light at the end of the tunnel and Meisel explained that they've been playing catch-up for the past few years. The Parks and Public Works equipment is old and in the last few years they've been purchasing some replacement equipment and that's very expensive. She invited everyone to visit the Parks garage to see what condition their equipment is in, There is a need in the Parks Department for better equipment. Greg Eurich, 5585 Shorewood Drive, asked if any action would be taken tonight as far as the merging of the Parks and Docks Commissions and was told that this is strictly the truth in taxation hearing. Andrea Ahrens, 4673 Island View Drive, said she had a conversation with Councilmember Specht today and hoped to have a conversation with Beise but couldn't reach him. She also talked with Osmek over the week-end. She stated that she hates to be nit-picking, but when she was on the Council, the last time she checked, Mound was almost 99% built. She understands we have development going on, but when looking at things like contracting out for building inspection services vs. getting rid of the one we had, is that an even deal? Are we getting the same revenue and more by contracting out? To have a 26% increase in Planning and Inspections when we're 99% built seems awful ugly, and worth justifying. They did a comp plans for twelve years she was on the Council and didn't need 26% increase to do the plan. She stated that as a Council they should justify those kinds of expenditures because they are seeing an increase in property taxes. She remembers campaigning in 1988, talking to a resident that was worried that he and his wife bought a house and couldn't afford the taxes and would have to sell. She's glad they're not there now or they wouldn't even have enough money to get into a retirement home with these tax increases. She understands that 4 -3399- Mound City Council Minutes - December 5, 2005 Mound is trying to do something withmedevelopment, but they need to cut, There are places, andthe Council needs to find them. Telling people that taxes are increasing 26% when inflation is 2% is ludicrous and that's not what the Council's job is. She's not saying that there shouldn't be redevelopment, but they need to do more with less. Meisel stated that the upgrade of the Comprehensive Plan is mandated by the state and there is $20,000 in the budget for that. Kandis Hanson informed her that there was $700,000 cut from the budget in it's initial go-round and Ahrens stated that justifying that a decrease in the proposed increase is a cut, is going back to the Clinton days. Ray S.alazar, 4559 Island View Drive, stated he wholeheartedly agrees with what Ahrens is saying, that there needs to be Cuts and get the budget to the absolute necessities. He's talking about zero growth, not talking about the city not growing, but government not growing. He suggested that instead of hiring another person in the Parks Department, to contract those services out and he was informed by the Council that this has been investigated already and is not financially feasible. Kandis Hanson explained that with the addition of the public safety building, the Greenway, the CSAH 15 streetscape, etc., more manpower is needed for upkeep of these improvements. She put in front of the council that the City doesn't need more people if they want to cut some programs, like redevelopment, snow plowing, the skate park - a lot of things that people enjoy and are accustomed to. They can stop the programs to overcome the budget increases, for instanCe, don't plow snow on week- ends, only mow grass when it reaches 4-6" high, don't spray for weeds, and not doing redevelopment because it causes more maintenance. Programs drive the cost of government. Osmek stated that there have been two separate meetings on the budget and Tuesday night there will probably be a 3-2 vote on the adoption of the 2006 budget. He stated that we're not far behind Minnetonka and Edina and he doesn't want to get like Edina because he likes Mound the way it is. Meisel asked him if he wants to stop redevelopment and he stated that that there are some significant positions that he thinks are not in this particular budget climate and we could put off for an additional year. Osmek also stated that the HRA proposed budget is maxed out and he feels there is enough reserve in that budget to take care of the parking deck requirement. He stated he wants to continue development but should rephrase: He likes the way things are going but thinks there are ways to control the speed at how it hits taxpayers. Brown stated that he agrees with Osmek, in that we should go ahead with redevelopment but there are places in the budget that he disagrees with. He would like to shoot for an 8% increase. Meisel asked for any more public comment, and upon receiving none, closed the public hearing. 5 -3400- Mound City Council Minutes - December 5. 2005 MOTION by Osmek, seconded by Brown to cancel the public hearing continuation originally scheduled for December 12 at 7:00 p.m. because everyone that wished to speak had a chance to speak at this evening's hearing. All voted in favor. Motion carried. 3. Adjourn MOTION by Osmek, seconded by Brown to adjourn at 8:50 p.m. Motion carried. All voted in favor. Mayor pat Meisel Attest: Bonnie Ritter, City Clerk 6 -3401 - DECEMBER 13, 2005 CITY COUNCIL MEETING 111705SUE $263.49 NOV 112305SU E$208,661.40NOV 113005SU E$28,749.82 NOV 120705SU E$12,857.50 DEC 121305SUE $573,280.24DEC TOTAL -34O2- CITY OF .MOUND Batch Name 111705SUE Payments City of Mound Payments 11/17/05 11:30 AM Page 1 Refer 111705 MOUND POST OFFICE Cash Payment E 601-49400-322 Postage Invoice 111705 11/17/2005 Cash Payment E 602-49450-322 Postage Invoice 111705 11/17/2005 Transaction Date 11/17/2005 Fund Summary 601 WATER FUND 602 SEWER FUND Current Period: November 2005 User Dollar Amt $263.49 Computer Dollar Amt $263.49 In Balance $0.00 11-05 UTILITY BILLS 11-05 UTILITY BILLS $131.75 $131.74 Wells Fargo 10100 Total $263.49 10100 Wells Fargo $131.75 $131.74 $263.49 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $263.49 $263.49 -3403- CITY OF MOUND Batch Name 112305SUE Payments City of Mound Payments 11/23/05 10:06 AM Page 1 Current Period: November 2005 User Dollar Amt $208,66t .40 Computer Dollar Amt $208 B61.40 $0.00 In Balance Refer 1 ~2305 DEPARTMENTNATURAL RESOUR Cash Payment Invoice 112305 Transaction Date E 101-45200-438 Licenses and Taxes 11/23/2005 11/22/2005 Transaction Date AQUATICS PERMIT SEASONAL TRAIL $35.00 Wells Fargo 10100 Total $35.00 Refer 112305 HAWKS, SHIRLEY Cash Payment G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $1 000.00 Invoice 112305 11/23/2005 Transaction Date 11/2212005 Wells Fargo 10100 Total $1.000.00 Refer 112305 LUEDKE, JULIE M. Cash Payment G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $800.00 Invoice 112305 11/23/2005 Transaction Date 11/22/2005 Wells Fargo 10100 Total $800.00 Refer 112305 VEITAND COMPANY, INCORPORA Cash Payment E 475-46386-500 Capital Outlay FA THRU 11-15-05 fl4 DUMP REMEDIATION $206.826.40 invoice 112305 11/23/2005 11/22/2005 Wells Fargo 10100 Total $206.826.40 Fund Summary 101 GENERAL FUND 475 TIF 1-3 Mound Harbor Renaissan 10100 Wells Fargo $1,835.00 $206,826.40 $208.661,40 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $208,661.40 $208,661.40 -3404- CITY OF MOUND City of Mound 11/30/051:04 PIV Page 1 Payments Batch Name 113005SUE Payments Current Period: November 2005 User Dollar Amt $28,749.82 Computer Dollar Amt $28,749.82 $0.00 In Balance Refer 113005 PARA GRAPH PUBLISHING Cash Payment E 609-49750-433 Dues and Subscriptions SUBSCRIPTION $24.95 Invoice 113005 11/30/2005 Transaction Date 11/30/2005 Wells Fargo 10100 Total $24.95 Refer 113005 WASTE MANAGEMENT- TC WEST Cash Payment E 670-49500-440 Other Contractual Servic 08-05 CURBSIDE RECYCLING $8,326.48 Invoice 1168833-1593-C 11/30/2005 Cash Payment E 670-49500-440 Other Contractual Servic 09-05 CURBSIDE RECYCLING $8,326.48 Invoice 1177613-1593-C 11/30/2005 Cash Payment E 670-49500-440 Other Contractual Servic 10-05 CURBSIDE RECYCLING $8,326.48 Invoice 1193275-1593-6 11/30/2005 Transaction Date 11/29/2005 Wells Fargo 10100 Total $24.979.44 Refer 113005 WAYZATA, CITY OF Cash Payment E 101-43100-500 Capital Outlay FA LICENSE/TABS #1069 STERLING ACTERRA $3,745.43 Invoice 113005 11/30/2005 Transaction Date 11/28/2005 Wells Fargo 10100 Total $3,745.43 Fund Summary 101 GENERAL FUND 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 367 G,O. 2004 - A Improvements 368 G.O. 2005 - A Improvements 440 CBD FUND 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 10100 Wells Fargo $0.00 $3,745.43 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $24.95 $24,979.44 $28,749.82 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $28,749.82 $28,749.82 -3405- CITY OF MOU ND Batch Name 113005SUE Payments City of Mound ~ 1/30/05 11:40 AM Page 1 Payments Current Period: November 2005 User Dollar Amt $28,749.82 Computer Dollar Amt $28,749.82 $0.00 In Balance Refer 113005 PARAGRAPH PUBLISHING Cash Payment E 609-49750-433 Dues and Subscriptions SUBSCRIPTION Invoice 113005 11/30/2005 Transaction Date 11/30/2005 Wells Fargo $24.95 10100 Total $24.95 Refer 113005 WASTE MANAGEMENT- TC WEST Cash Payment E 670-49500-440 Other Contractual Servic 08-05 CURBSIDE RECYCLING invoice 1168833-1593-C 11/30/2005 Cash Payment E 670-49500-440 Other Contractual Servic 09-05 CURBSIDE RECYCLING invoice 1177613-1593-C 11/30/2005 Cash Payment E 670-49500-440 Other Contractual Servic 10-05 CURBSIDE RECYCLING Invoice 1193275-1593-6 11/30/2005 Transaction Date 11/29/2005 Wells Fargo 10100 $8,326.48 $8,326.48 $8.326.48 Total $24.979,44 Refer 113005 WAYZATA, CITY OF Cash Payment E 101-43100-500 Capital Outlay FA LICENSE/TABS #1069 STERLING ACTERRA $3.745.43 Invoice 113005 11/30/2005 Transaction Date 11/28/2005 Wells Fargo 10100 Total $3,745.43 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $0.00 101 (3 ENERAL FUND $3,745.43 222 AREA FIRE SERVICES $0.00 281 COMMONS DOCKS FUND $0.00 367 G.O. 2004 - A improvements $0.00 368 G.O. 2005 - A Improvements $0.00 440 CBD FUND $0.00 601 WATER FUND $0.00 602 SEWER FUND $0.00 609 MUNICIPAL LIQUOR FUND $24.95 670 RECYCLING FUND $24,979.44 $28,749.82 Pre-Written Check Checks to be Generated by the Corn pure Total $0.00 $28,749.82 $28,749.82 -3406- CITY OF MOUND Batch Name 120705SUE Payments City of Mound Payments 12/07/05 10:30 AM Page 1 Current Period: December 2005 User Dollar Amt $12,857.50 Computer Dollar Amt $12,857.50 $0.00 In Balance Refer 120705 NEOPOST Cash Payment E 101-41910-400 Repairs & Maint Contract UPDATE SOFTWARE Invoice 9215285 12/7/2005 Transaction Date 12/5/2005 Wells Fargo 10100 $184.99 Total $184.99 Refer 120705 NEXTEL COMMUNICATIONS (PAR Cash Payment E 101-45200-321 Telephone & Celts $32.59 Invoice 120705 12/7/2005 Cash Payment E 101-45200-321 Telephone & Cells $14.0t invoice 120705 12/7/2005 Cash Payment E 101-45200-321 Telephone & Cells $80.72 Invoice 120705 12/7/2005 Cash Payment E 101-45200-321 Telephone & Ceils $33.66 Invoice 120705 12/7/2005 Cash Payment E 101-42400-321 Telephone & Cells $27.28 Invoice 120705 12/7/2005 Transaction Date 11/30/2005 Total $188.26 Refer 120705 NEXTEL COMMUNICATIONS (POLl Cash Payment E 101-42110-321 Telephone & Cells 10-19-05 THRU 11-18-05 CELL PHONES $837.67 Invoice 120705 12/7/2005 Transaction Date 11/30/2005 Wells Fargo 10100 Total $837.67 Refer 120705 SPEEDWAY SUPERAMERICA (FIR Cash Payment E 222-42260-212 Motor Fuels THRU 11-26-05 GASOLINE CHARGES $328.25 Invoice 120705 12/7/2005 Transaction Date 11/30/2005 Wells Fargo 10100 Total $328.25 Refer 120705 Cash Payment Invoice 120705 Cash Payment invoice 120705 Cash Payment Invoice 120705 Transaction Date Refer 120705 10-19-05 THRU 11-18-05 612-221-6740 10-19-05 THRU 11-18-05 612-221-6794 10-19-05 THRU 11-18-05 612-221-6812 10-19-05 THRU 11-18-05 612-221-8385 10-19~05 THRU 11-18-05 612-363-5883 Wells Fargo 10100 SPEEDWA'Y SUPERAMERICA (P/W E 101-43100-212 Motor Fuels THRU 11-26-05 GASOLINE CHARGES 12_/712005 E 601-49400-212 Motor Fuels THRU 11-26-05 GASOLINE CHARGES 12/7/2005 E 602-49450-212 Motor Fuels THRU 11-26-05 GASOLINE CHARGES 12/7/2005 11/30/2005 Wells Fargo 10100 Total SPEEDWAY SUPERAMERICA (PAR Cash Payment E 101-42400-212 Motor Fuels THRU 11-26-05 GASOLINE CHARGES $33.76 Invoice 120705 12/7/2005 Cash Payment E 101-45200-212 Motor Fuels THRU 11-26-05 GASOLINE CHARGES $516,96 Invoice 120705 $1,600.94 $849.18 $754.13 $3,204.25 Transaction Date 11/30/2005 Wells Fargo 10100 Total $550.72 Refer 120705 SPEED WA Y SUPERAMERICA (POL Cash Payment E 101-42110-212 Motor Fuels THRU 11-26-05 GASOLINE CHARGES $2,058,46 Invoice 120705 12/7/2005 Transaction Date 12/2/2005 Wells Fargo 10100 Total $2,058.46 Refer 120705 VERIZON WIRELESS (P/W) -3407- CITY OF MOUND City of Mound Payments 12/07/05 10:30 AM Page 2 Current Period: December 2005 Cash Payment E 101.43100-321 Telephone & Cells 11-10-05 CELL PHONES $197.88 invoice 120705 12/7/2005 Cash Payment E 601-49400-321 Telephone & Cells 11-10-05 CELL PHONES $125,84 invoice 120705 12/7/2005 Cash Payment E 602-49450-321 Telephone & Cells 11-10-05 CELL PHONES $115.85 Invoice 120705 12/7/2005 Cash Payment E 101-42400-321 Telephone & Cells 11-10-05 CELL PHONES $14.23 Invoice 120705 12/7/2005 Cash Payment G 101-22816 Personal Cell Phone 11-10-05 CELL PHONES $249.12 Invoice 120705 12/7/2005 Cash Payment E 101-43100-321 Telephone & Cells 11~17-05 SHARE PLAN $47.02 Invoice 120705 12/7/2005 Cash Payment E 601-49400-321 Telephone & Cells 11-17-05 SHARE PLAN $47,02 invoice 120705 12/7/2005 Cash Payment E 602-49450-321 Telephone & Cells 11-17-05 SHARE PLAN $47.02 Invoice 120705 12/7/2005 Cash Payment E 101-43100-321 Telephone & Cells 11-17-05 EQUIPMENT $117.15 Invoice 120705 12/7/2005 Cash Payment E 602-49450-321 Telephone & Cells 11-10-05 CELL PHONES $117.15 invoice 120705 12/7/2005 ~---, Transaction Date 11/30/2005 Wells Fargo 10100 Total $1,078.28 Refer 120705 XCEL ENERGY Cash Payment E 101-42115-381 Electric Utilities 09-08-05 THRU 10-07-05 K#51-6002835-9 $21.82 Invoice 120705 12/7/2005 Cash Payment E 101-42115-381 Electdc Utilities 10-08-05THRU 11-07-05#51-6002835-9 $22.17 invoice 120705 12/7/2005 Cash Payment E 602-49450-381 Electric Utilities 09-26-05 THRU 10-25-05 #302264484 $182.96 Invoice 120705 12/7/2005 Cash Payment E 601-49400-381 Electric Utilities 09-27-05 THRU 10-26-05 #302288379 $11.76 Invoice 120705 12/7/2005 Cash Payment E 602-49450-381 Eiectdc Utilities 09-25-05 THRU 10-24-05 #302373865 $36.35 Invoice 120705 12/7/2005 Cash Payment E 602-49450-381 Electric Utilities 09-20-05 THRU 10-19-05 #302431232 $36.07 Invoice 120705 12/7/2005 Cash Payment E 601-49400-381 Electdc Utilities 09-24-05 THRU 10-23-05 #302487652 $577.33 Invoice 120705 12/7/2005 Cash Payment E 601-49400-381 Eiectdc Utilities 09-20-05 THRU 10-19-05 #302688202 $876.42 Invoice 120705 12/7/2005 Cash Payment E 609-49750-381 Electdc Utilities 09-20-05 THRU 10-19-05 #302767611 $1,079.67 Invoice 120705 12/7/2005 Cash Payment E 602-49450-381 Electric Utilities 09-27-05 THRU 10-26-05 #302781623 $12.04 invoice 120705 12/7/2005 Cash Payment E 602-49450-381 Eiectdc Utilities 09-25-05 THRU 10-24-05 #302831785 $74.95 invoice 120705 12/7/2005 Cash Payment E 602-49450-381 Electdc Utilities 09-25-05 THRU 10-24-05 #303292094 $97.47 Invoice 120705 12/7/2005 ';ash Payment E 602-4.9450-381 Electric Utilities 09-26-05 THRU 10-25-05 #303292094 $20.86 Invoice 120705 12/7/2005 Cash Payment E 601-49400-381 Electric Utilities 09-21-05 THRU 10-22-05 #303885182 $1,376.93 Invoice 120705 12/7/2005 -3408- CITY OF MOUND Transaction Date 11/30/2005 City of Mound Payments 12/07/05 10:30 AM Page 3 Current Peri od: December 2005 Wells Fargo 10100 Total $4,426.60 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 10100 Wells Fargo $6.090.45 $328.25 $3,864.48 $1,494.65 $1 D79.67 $12,857,50 Pre-Wdtten Check Checks to be Generated by the Compute Total $0.00 $12,857.50 $12,857,50 -3409- CITY OF MOUND City of Mound 12/08/05 10:49 AM Page 1 Payments Current Period: December 2005 Batch Name 121305SUE Payments User Dollar Amt $573,280.24 Computer Dollar Amt $573,280.24 Refer 121305 AAA NURSERY AND LANDSCAPIN $0.00 In Balance Cash Payment E 601-49400-224 Street Maint Materials PULVERIZED DIRT $450.00 invoice 121305 12/13/2005 Cash Payment E 101-43100-440 Other Contractual Servic DIRT AND STRAW $167.74 invoice 121305 12/13/2005 Cash Payment E 101-45200-232 Landscape Material DIRT AND STRAW $167.73 nvoice 121305 12/13/2005 Cash Payment E 601-49400-440 Other Contractual Servic PULVERIZED DIRT $127,80 Invoice 121305 12/13/2005 Transaction Date 11/23/2005 Wells Fargo 10100 Total $913.27 Refer 121305 ACTION RADIO AND COMMUNICA Cash Payment E 101-42110-500 Capital Outlay FA #840 SQUAD BUILD-UP ~4909 $4.790.90 invoice 3450 12/13/2005 PO 19256 Transaction Date 11/30/2005 Wells Fargo 10100 Total $4,790.90 Refer 121305 ADVANTECH ENTERPRISE Cash Payment E 101-45200-103 Part-Time Employees 6077 ASPEN ROAD CLEAN UP $828.00 invoice 1725 12/13/2005 Transaction Date 11/30/2005 Wells Fargo 10100 Total $828.00 Refer 121305 ALLIED WASTE SERVICES #894 Cash Payment E 222-42260-384 Refuse/Garbage Dispos 12-05 GARBAGE SERVICE $90.59 Invoice 121305 12/13/2005 Cash Payment E 101-42110-384 Refuse/Garbage Dispos 12-05 GARBAGE SERVICE $90.58 Invoice 121305 12/13/2005 Cash Payment E 101-43100-384 Refuse/Garbage Dispos 11-05 GARBAGE SERVICE $42.28 invoice · 21305 12/13/2005 Cash Payment E 601-49400-384 Refuse/Garbage Dispos 11-05 GARBAGE SERVICE $42.28 Invoice 121305 12/13/2005 Cash Payment E 602-49450-384 Refuse/Garbage Dispos 11-05 GARBAGE SERVICE $42.29 Invoice 121305 12/13/2005 Cash Payment E 101-45200-384 Refuse/Garbage Dispos 12-05 GARBAGE SERVICE $51.90 Invoice 121305 12/13/2005 Transaction Date 12/2/2005 Wells Fargo 10100 Total $359.92 Refer 121305 AMERICAN MESSAGING Cash Payment E 222-42260-325 Pagers-Fire Dept, 11-05 PAGING SERVICE $206.72 Invoice 0800009202333P 12/13/2005 Transaction Date 12/7/2005 Wells Fargo 10100 Total $206.72 ~,efer 121305 AMUNDSON, M. LLP Cash Payment E 609-49750-255 Misc Merchandise For R CIGAGETTES Invoice 191387 12/13/2005 Transaction Date 11/30/2005 Wells Fargo 10100 Refer 121305 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 463532610 12/13/2005 $952.62 Total $952.62 $72.76 - 3410- CITY OF MOUND Cash Payment E 609-49750-255 Misc Merchandise For R nvoice 463533405 12/13/2005 Cash Payment E 609-49750-255 Misc Merchandise For R nvoice 463532009 1211312005 Cash Payment E 609-49750-255 Misc Merchandise For R Invoice 463534009 12/13/2005 Transaction Date 11/23/2005 City of Mound Payments 12/08/05 10:49 AM Page 2 Current Period: December 2005 ICE $70.99 [CE $85.90 $40.42 Wells Fargo 10100 Total $270.07 Refer 121305 BARR ENGINEERING COMPANY Cash Payment E 475-46386-500 Capital Outlay FA 10-08-05 THRU 11-04-05 DUMP $37.975.16 REMEDIATION nvo~ce #5 Transaction Date 11/28/2005 Wells Fargo 10100 Total $37,975.16 Refer 121305 BECK, KENNETH Cash Payment E 101-42110-305 Medical Services 2005 EYE REIMBURSEMENT $50.00 nvoice 121305 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 Total $50.00 Refer 121305 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale Invoice 35379600 12/13/2005 Cash Payment E 609-49750-255 Misc Merchandise For R Invoice 40790900 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 35311200 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 35290100 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale Invoice 35379600 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale Invoice 35191600 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 35448300 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale invoice 35403600 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 35454400 12/13/2005 Transaction Date 11/28/2005 LIQUOR $2,294.65 MERCHANDISE $252.78 LIQUOR $1 050.20 LIQUOR $815.00 WINE $1.674.63 CREDIT-WINE -$66.00 LIQUOR $966.75 WINE $355,47 LIQUOR $2.387.80 Wells Fargo 10100 Total $9,731.28 Refer 121305 BERRY COFFEE COMPANY Cash Payment E 222-42260-210 Operating Supplies COFFEE $51.00 Invoice 520705 12/13/2005 Cash Payment E 222-42260-210 Operating Supplies COFFEE $72.95 Invoice 526682 12/13/2005 Transaction Date 12/7/2005 Wells Fargo 10100 Total $123.95 Refer 121305 BORDER STATES ELECTRIC SUP Cash Payment E 101-41910-220 Repair/Maint Supply LAMPS BULBS $212.81 Invoice 94810062 12/13/2005 Transaction Date 11/30/2005 Wells Fargo 10100 Total $212.81 Refer 121305 BOYER TRUCK PARTS - 3411 - CITY OF MOUND Cash Payment Invoice 43297R Cash Payment Invoice 428251 Cash Payment Invoice 427427 Transaction Date City of Mound Payments E 101-43t00-404 Repairs/Maint Machinery FILTER ASSEMBLY 12/13/2005 E 101-43100-404 Repairs/Maint Machinery FUEL/WATER ELEMLENT 12/13/2005 E 101-43100-404 Repairs/Maint Machinery WIPER MODULE DIAGNOSTICS 12/13/2005 12/612005 Wells Fargo 10100 12J08/05 10:49 AM Page 3 Current Period: December 2005 $30.58 $1 O2.46 $0.00 Total $133.04 Refer 121305 BRAND NETWORKING Cash Payment E 101-42110-210 Operating Supplies BACKUP TAPES $260.00 Invoice 16017 12/13/2005 PO 19268 Transaction Date 12/1/2005 Wells Fargo 10100 Total $260.00 Rear 121305 BRYAN ROCK PRODUCTS Cash Payment E 601-49400-224 Street Maint Materials 3/4 MINUS (CL2.) $t,229.05 Invoice 121305 12/13/2005 Cash Payment E 601-49400-224 Street Maint Materials 3/4 MINUS (CL2) ~$57.38 Invoice 121305 12/13/2005 Cash Payment E 601-49400-224 Street Maint Materials 3/4 MINUS (CL2) $1,376.35 invoice 121305 12/13/2005 Transaction Date 11/29/2005 Wells Fargo 10100 Total $2,548,02 Refer 121305 CARGIL SALT DIVISION Cash Payment E 101-43100-224 Street Maint Materials BULK ICE Invoice 1447589 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials BULK ICE invoice 1449686 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials BULK ICE Invoice 1448750 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials BULK ICE Invoice 1448663 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials BULK ICE Invoice 1454809 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials BULK ICE Invoice 1474031 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials BULK CE Invoice 1473084 12/13/2005 Transaction Date 12/1/2005 Wells Fargo Refer 121305 CARLSON TRACTOR AND EQUIPM Cash Payment E 601-49400-221 Equipment Parts FILTER ELEMENT Invoice C07842 12/13/2005 Transaction Date 12/1/2005 Wells Fargo 10100 10100 $559.00 $1.138.81 $582.53 $664.45 $1,173.21 $1,315.79 $2.752.88 Total $8,186.67 $62.14 Total $62.14 Refer 121305 CARQUEST OF NAVARRE Cash Payment Invoice N65988 Cash Payment Invoice N65988 Sash Payment invoice N65988 Cash Payment invoice N66139 E 101-43100-221 Equipment Parts 12/13/2005 PO 19239 E 601-49400-221 Equipment Parts 12/13/2005 PO 19239 E 602-49450,221 Equipment Parts 12/13/2005 PO 19239 E 101-43100-221 Equipment Parts 12/13/2005 PO 19239 MINIATURE LAMP MINIATURE LAMP MINIATURE LAMP WIPER BLADES $8.07 $8.07 $8.08 $8.53 -3412- City of Mound 12/08/05 10:49 AM .-'~" -"' Page 4 × Payments CITY OF MOUND Current Period: December 2005 Cash Payment E 601-49400-221 Equipment Parts WIPER BLADES $8.53 Invoice N66139 12/13/2005 PO 19239 Cash Payment E 602-49450-221 Equipment Parts WIPER BLADES $8.53 Invoice N66139 12/13/2005 PO 19239 Cash Payment E 101-43100-221 Equipment Parts MINIATURE LAMP $4.04 Invoice N65960 12/13/2005 PO 19239 Cash Payment E 601-49400-221 Equipment Parts MINIATURE LAMP $4.04 Invoice N65960 12/13/2005 PO 19239 Cash Payment E 602-49450-221 Equipment Parts MINIATURE LAMP $4.03 Invoice N65960 12/13/2005 PO 19239 Casl' Payment E 101-43100-221 Equipment Parts FUSES $9.82 Invoice N65892 12/13/2005 PO 19239 Cash Payment E 601-49400-221 Equipment Parts FUSES $9.82 Invoice N65892 12/13/2005 PO 19239 Cash Payment E 602-49450-221 =-quipment Parts FUSES $9.83 Invoice N65895 12/13/2005 PO 19239 Cash Payment E 101-43100-221 Equipment Parts CREDIT-AIR FILTERS -$15.25 invoice 07495 12/13/2005 Cash Payment E 601-49400-221 Equipment Parts CREDIT-AIR FILTER -$15.25 Invoice 07495 12/13/2005 Cash Payment E 602-49450-221 Equipment Parts CREDIT-AIR FILTER -$15.24 Invoice 07495 12/13/2005 Transactio~ Date 11/28/2005 Wells Fargo 10100 Total $45.65 Refer 121305 CHADWICK AND MERTZ Cash Payment E 101-41600-304 Legal Fees 11-05 PROSECUTION SERVICES $6,751.20 Invoice 121305 12/13/2005 Transaction Date 12/5/2005 Wells Fargo 10100 Total $6,751.20 Refer 121305 CHAMPION AUTO Cash Payment E 222-42260-409 Other Equipment Repair POWER DSL SUP QT $29.80 Invoice D349985 12/13/2005 Cash Payment E 222-42260-409 Other Equipment Repair TOGGLE SWITCH $19.77 Invoice D351429 12/13/2005 Cash Payment E 101-45200-409 Other Equipment Repair AUTO SNOW BLADE $232.13 Invoice D351771 12/13/2005 Cash Payment E 101-45200-409 Other Equipment Repair PROTECTANT $45,39 Invoice D351797 12/13/2005 Cash Payment E 101-45200-409 Other Equipment Repair LAWNMOWER $62.82 Invoice D351890 12/13/2005 Cash Payment E 101-45200-409 Other Equipment Repair MOBILE OIL $7,02 invoice D351894 12/13/2005 Cash Payment E 101-45200-409 Other Equipment Repair MOBILE OIL $14,04 nvoice D351895 12/13/2005 Cash Payment E 222-42260-409 Other Equipment Repair MISC AUTO SUPPLIES $29.78 nvoice D352370 12/13/2005 Cash Payment E 602-49450-230 Shop Materials MOTOR TUNEUP $11.70 nvoice D353396 12/13/2005 Cash Payment E 602-49450-404 Repairs/Maint Machinery OUTLET POWER STRIP $11.70 Invoice D353396 12/13/2005 -3413- City of Mound 12/08/05 10:49 AIV ,t~.~'~----~ Pacje 5 /' "% Payments CITY OF MOUND Current Period: December 2005 Cash Payment E 101-45200-409 Other Equipment Repair ERERG KIT, TOGGLE,RING $12.22 invoice D354004 12/13/2005 Transaction Date 12/2/2005 Wells Fargo 10100 Total $476.37 Refer 121305 CHICAGO BRIDGE AND IRON Cash Payment G 601-16300 Improvements Other Than BI THRU 11-30-05 2355 CHATEAU LANE $244,689.82 WATERTOWER Invoice 121305 12/13/2005 Transaction Date 12/1/2005 Wells Fargo 10100 Total $244,889.82 Refer 121305 CLARK PRODUCTS, INCORPORAT Cash Payment E 101-41110-431 Meeting Expense PAPER CUP,ETC $108.96 Invoice V546215 12/13/2005 Transaction Date 11/30/2005 Wells Fargo 10100 Total $108.96 Refer 121305 COCA COLA BOTTLING-MIDWEST Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 80928191 12/13/2005 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 81086121 12/13/2005 Transaction Date 11/29/2005 Wells Fargo 10100 Refer 121305 COMMUNITY MEDIATION SERVlC Cash Payment G 101-15500 Prepaid Items Invoice 121305 12/13/2005 Transaction Date 12/7/2005 Refer 121305 CONSTRUCTION BULLETIN Cash Payment Invoice 3085293 Cash Payment Invoice 3085292 Cash Payment Invoice 3089708 Cash Payment Invoice 3095787 Transaction Date E 401-43110-500 Capital Outlay FA 1 2/13/2005 G 601-16300 Improvements Other Than BI 12/13/2005 E 401-43110-500 Capital Outlay FA 12/13/2005 E 401-43100-500 Capital Outlay FA 12/13/2005 11/28/2005 2006 MEDIATION SERVICES Wells Fargo 10100 11-11-05 LEGAL AD Project PW0602 11-11-05 LEGAL AD Project PW0510 11-18-05 2006 RETAINING WALL 11-25-05 2006 RETAINING WALL PROJECT Wells Fargo 10100 $192.80 $204.50 Total $397.30 $1,600.00 Total $1,600.00 $149.48 $191.90 $149.48 $149.48 Total $640.34 Refer 121305 COVERALL CLEANING CONCEPTS Cash Payment Invoice 102382 Cash Payment Invoice 102382 Cash Payment Invoice 102382 Cash Payment Invoice 102382 Cash Payment Invoice 102382 Cash Payment Invoice 102382 Cash Payment Invoice 102382 E 101-41910-460 Janitorial Services 12/13/2005 E 222-42260-460 Janitorial Services 12/13/2005 E 101-42110-460 Janitorial Services 12/13/2005 E 101-43100-460 Janitorial Services 12/13/2005 E 601-49400-460 Janitorial Services 12/13/2005 E 602-49450-460 Janitorial Services 12/13/2005 E 609-49750-460 Janitorial Services 12/13/2005 12-05 CLEANING SERVICE 12-05 CLEANING SERVICE 12-05 CLEANING SERVICE 12-05 CLEANING SERVICE 12-05 CLEANING SERVICE 12-05 CLEANING SERVICE 12-05 CLEANING SERVICE $1 166.18 $756.58 $504.38 $46.15 $46.15 $46.15 $199.15 - 3414- CITY OF MOUND Transaction Date 1 2/2/2005 City of Mound Payments 12/08/05 10:49 AM Page 6 Current Period: December 2005 Wells Fargo 10100 Total $2,764.74 Refer 121305 DAVIES WATER EQUIPMENT Cash Payment Invoice 3331253 Cash Payment Invoice 3331558 Transaction Date E 601-49400-221 Equipment Parts 12/13/2005 E 601-49400-230 Shop Materials 12/13/2005 12/6/2005 METERS PROGRAMMING Wells Fargo 10100 $1,034.01 $486.80 Total $1,520.81 Refer 121305 DAY DISTRIBUTING COMPANY Cash Payment Invoice 340670 Cash Payment Invoice 340671 Cash Payment Invoice 339934 Cash Payment invoice 339935 Cash Payment Invoice 341572 Cash Payment Invoice 341632 Transaction Date E 609-49750-252 Beer For Resale BEER 12/13/2005 E 609-49750-252 Beer For Resale BEER 12/13/2005 E 609-49750-252 Beer For Resale BEER 12/13/2005 E 609-49750-252 Beer For Resale BEER 12/13/2005 E 609-49750-252 Beer For Resale BEER 12/13/2005 E 609-49750-252 Beer For Resale BEER 12113/2005 11/30/2005 Wells Fargo 1010O $1,576.35 $94.10 $1 853.25 $19.20 $943.05 $282.00 Tot~ $4,767.95 Rear 121305 Cash Payment invoice 121305 12/13/2005 Transaction Date 12/7/2005 Refer 121305 DYNAMEX DELIVERS NOW Cash Payment Invoice 1160872 Transaction Date E 475-46386-300 Professional Srvs 12/13/2005 12/2/2005 DONS BUILDING AND REMODELIN G 101-23058 3106 Priest Lane #05-40 Don REFUND ESCROW #05-40 Wells Fargo 10100 11-02-05 MHR CLOSING PAPERS Wells Fargo 10100 $238.00 Total $238.00 $87.46 Total $87.46 Refer 121305 EAST SIDE BEVERAGE Cash Payment E 609-49750-252 Beer For Resale BEER $1,550.13 Invoice 220147 12/13/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $35.75 Invoice 220148 12/13/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $4,104.17 Invoice 220074 12/13/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $3,936.35 Invoice 220230 12/13/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $22.00 Invoice 220231 12/13/2005 Transaction Date 11/28/2005 Wells Fargo 10100 Total $9,648.40 Refer 121305 EDEN PRAIRIE, CITY OF Cash Payment E 222-42260-433 Dues and Subscriptions 2005 WESTERN AREA FIRE TRAINING $2,000.00 ASSOC DUES Invoice 1282 12/13/2005 Transaction Date 12/7/2005 Wells Fargo 10100 Total $2,000.00 Refer 121305 EXTREME BEVERAGE -3415- City of Mound 12108/05 10;49 AM /.~ ~- Page7 // '~, Payments CITY OF MOUND Cash Payment Invoice 366582 Transaction Date Current Period: December 2005 E 609-49750-254 Soft Drinks/Mix For Resa MIX $96.00 12/13/2005 12/5/2005 Wells Fargo 10100 Total $96,00 Refer 121305 FINAL TOUCH SERVICES, INC. Cash Payment E 101-41910-400 Repairs & Maint Contract 11-04-05 WINDOW WASH $809.40 Invoice 020183 12/13/2005 Transaction Date 12/1/2005 Wells Fargo 10100 Total $809.40 Refer 121305 FIRE F/GHTERS ASSOCIATION, U Cash Payment E 222-42260-433 Dues and Subscriptions 2005 MEMBERSHIP $30.00 Invoice 5018 12/13/2005 Transaction Date 12/7/2005 Wells Fargo 10100 Total $30.00 Refer 121305 FIRST ADVANTAGE TITLE COMPA Cash Payment G 101-23066 5019 Woodland Rd Pebbles, CLOSE ESCROW $4,952.00 Invoice 121305 12/1312005 Cash Payment G 101-23066 5019 Woodland Rd Pebbles, LABORTWO PUBLIC WORKS -$500.00 Invoice 121305 12/13/2005 Cash Payment G 101-23066 5019 Woodland Rd Pebbles, MATERIALS -$150.00 Invoice 121305 12/13/2005 Cash Payment G 101-22954 5019 Wren Rd WIS Service CLOSE ESCROW $1,556.71 Invoice 121305 12/13/2005 Cash Payment G 101-23044 2156 Cardinal Ln #05-14 Sub BOATHOUSE REMOVAL $1.250.00 Invoice 121305 12/13/2005 Cash Payment G 101-23044 2156 Cardinal Ln #05-14 Sub CLOSE ESCROW -$156.00 Invoice 121305 12/13~2005 Transaction Date 12/7/2005 Wells Fargo 10100 Total $6,952.71 Refer 121305 FIRSTLAB Cash Payment E 101-43100-305 Medical Services 10-14-05 COLLECTION,SKINNER $12.17 Invoice 112079 12/13/2005 Cash Payment E 601-49400-305 Medical Services 10-14-05 COLLECTION,SKINNER $12.17 Invoice 112079 12/13/2005 Cash Payment E 602-49450-305 Medical Services 10-14-05 COLLECTION,SKINNER $12.16 Invoice 112079 12/13/2005 Cash Payment E 101-43100-305 Medical Services 10-14-05 COLLECTION,GRADY $36.50 Invoice 112079 12/1312005 Transaction Date 11/23/2005 Wells Fargo 10100 Total $73.00 Refer 121305 FLAHERTY'S HAPPY TYME COMP Cash Payment invoice 21811 12/13/2005 Transaction Date 11/28/2005 Refer 121305 FRONTIER/CITIZENS COMMUNICA E 609-49750-254 Soft Drinks/Mix For Resa MIX Cash Payment Invoice 121305 Cash Payment Invoice 121305 .;ash Payment Invoice 121305 E 101-41910-321 Telephone & Cells 12/13/2005 E 101-42110-321 Telephone & Cells 12/13~2005 E 222-42260-321 Telephone & Cells 12/13/2005 97.25 Wells Fargo 10100 Total $ t 97 11-05 952-472-0600 $1,041.46 11-05 952-472-0600 $433,94 11-05 952-472-0600 $260,37 -3416- City of Mound 12/08/05 10:49 AM ////-'~'---'~'""~.. Page 8 ~ ~.~.,~ ~ Payments CITY OF MOUND Current Period: December 2005 Cash Payment E 101-43100-321 Telephone & Cells 11-05 952-472-0635 $563.13 nvoice 121305 12/13/2005 Cash Payment E 601-49400-321 Telephone & Cells 11-05 952-472-0635 $563.13 Invoice 121305 12/13i2005 Cash Payment E 602-49450-321 Telephone & Cells 11-05 952-472-0635 $563.12 Invoice 121305 12/13/2005 Cash Payment E 101-45200-321 Telephone & Cells 11-05 952-472-0646 $19.55 nvoice 121305 12/I 3/2005 Cash Payment E 609-49750-321 Telephone & Cells 11-05 952-472-0648 $667.58 nvoice 121305 12/13/2005 Transaction Date 12/5/2005 Wells Fargo 10100 Total $4,112.28 Refer 121305 G & K SERVICES E 101-43100-218 Clothing and Uniforms 12/13/2005 E 601-49400-218 Clothing and Uniforms 12/13/2OO5 E 602-49450-218 Clothing and Uniforms 12/13/2005 E 101-45200-218 Clothing and Uniforms 12/13/2005 E 101-43100-230 Shop Materials 12/13/2005 E 601-49400-230 Shop Materials 12/13/2005 E 602-49450-230 Shop Materials 12/13/2005 E 101-45200-223 Building Repair Supplies 11-22-05 MATS 12/13/2005 E 101-41910-460 Janitorial Services 12/13/2005 E 609-49750-460 Janitorial Services 12/13/2005 E 101-43100-218 Clothing and Uniforms 12/13/2OO5 E 601-49400-218 CLothing and Uniforms 12/13/2005 E 602-49450-218 Clothing and Uniform s 12/13/2005 E 101-45200-218 Clothing and Uniforms 12/13/2005 E 101-43100-230 Shop Materials 12/13/2005 E 601-49400-230 Shop Materials 12/13/2005 E 602-49450-230 Shop Materials 12/13/2005 E 101-43100-218 Clothing and Uniforms 12/13/2005 E 601-49400-218 Clothing and Uniforms 12/13/2005 11-15-05 UNIFORMS 11-15-05 UNIFORMS 11-15-05 UNIFORMS 11-15-05 UNIFORMS 11-15-05 MATS 11-15-05 MATS 11-15-05 MATS 1-22-05 MATS 1-22-05 MATS 1-22-05 UNIFORMS 1-22-05 UNIFORMS 1-22-05 UNIFORMS 1-22-05 UNIFORMS 1-22-05 MATS 1-22-05 MATS 1-22-05 MATS 1-29-05 UNIFORMS 1-29-05 UNIFORMS $50.24 $19.01 $26.17 $8.73 $25.29 $25.29 $25.29 $53,97 $106.82 $44.92 $50.24 $19.01 $26.17 $8,73 $26.74 $26,74 $26.74 $29.10 $19.01 Cash Payment nvoice 6623387 Cash Payment nvoice 6623387 Cash Payment invoice 6623387 Cash Payment nvoice 6623387 Cash Payment Invoice 6623387 Cash Payment Invoice 6623387 Cash Payment Invoice 6623387 Cash Payment Invoice 6629752 Cash Payment Invoice 6629753 Cash Payment Invoice 6629749 Cash Payment invoice 6629751 Cash Payment tnvoice 6629751 Cash Payment invoice 6629751 Cash Payment Invoice 6629751 Cash Payment Invoice 6629751 Cash Payment Invoice 6629751 Cash Payment Invoice 6629751 Cash Payment Invoice 6636009 Cash Payment Invoice 6636009 -3417- City of Mound 12/08/0510:49 AM Pa[To 9 Payments CITY OF MOUND Current Period: December 2005 Cash Payment E 602-49450-218 Clothing and Uniforms 11-29-05 UNIFORMS $26.17 Invoice 6636009 12/13/2005 Cash Payment E 101-45200-218 Clothing and Uniforms 11-29-05 UNIFORMS $8.73 Invoice 6636009 12/13/2005 Cash Payment E 101-43100-230 Shop Materials 11-29-05 MATS $51.01 Invoice 6636009 12/13/2005 Cash Payment E 601-49400-230 Shop Materials 11-29-05 MATS $51.01 Invoice 6636009 12/13/2005 Cash Payment E 602-49450-230 Shop Materials 11-29-05 MATS $51.01 invoice 6636009 12/13/2005 Cash Payment E 101-45200~223 Building Repair Supplies 12-06-05 MATS $24.34 Invoice 6642401 12/13/2005 Cash Payment E 101-41910-460 Janitorial Services 12-06-05 MATS $131.05 Invoice 6642402 12/13/2005 Cash Payment E 609-49750-460 Janitorial Services 12-06-05 MATS $47.64 Invoice 6642395 12/13/2005 Cash Payment E 222-42260-216 Cleaning Supplies 11-08-05 MATS $59.09 invoice 6617049 12/13/2005 Transaction Date 12/6/2005 Welts Fargo 10100 Total $1,068.26 Refer 131305 GARY'S DIESEL SERVICE Cash Payment E 101-43100-404 Repairs/Maint Machinery FILTERS,ETC $52.11 Invoice 69077 12/13/2005 Cash Payment E 601-49400-404 Repairs/Maint Machinery #4222 REPAIRS $1,517.91 Invoice 68926 12/I 3/2005 Transaction Date 12/1/2005 Wells Fargo 10100 Total $1,570,02 Refer 121305 GENERAL SPRINKLER OORPORAT Cash Payment E 101-41910-440 Other Contractual Servic 2005 ANNUAL INSPECTION invoice 6313 12/13/2005 Transaction Date 11/28/2005 Wells Fargo 10100 Refer 121305 GLENWOOD INGLEWOOD Cash Payment E 222-42260-210 Operating Supplies 10-05 EQUIPMENT RENTAL Invoice 1049621 12/13/2005 Transaction Date 1 2/7/2005 Wells Fargo 101 O0 $210.00 Total $210,00 $6.71 Total $6.71 Refer 121305 GME CONSULTANTS Cash Payment G 601-16300 Improvements Other Than BI 09-12-05 THRU 11-05-05 2355 CHATEAU $1,929.80 LANE WATERTOWER invoice 23960 1 2/13/2005 Transaction Date 11/30/2005 Wells Fargo 10100 Total $1,929,80 Refer 121305 GRAND PERE WINES, INCORPOR Cash Payment E 609-49750-253 Wine For Resale WINE invoice 13692 12/13/2005 Transaction Date 11/28/2005 Wells Fargo Refer 121305 GRAPE BEGINNINGS, INCORPOR Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 77589 12/13/2005 Transaction Date 12/5/2005 Wells Fargo Refer $414.00 10100 Total $414,00 $312.00 10100 Total $312.00 121305GRIGGS COOPER AND COMPANY -3418- City of Mound 12/08/0510:49 AM × '~ Payments CITY OF ,MOUND Current Period: December 2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $409.49 Invoice 326896 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $177.69 invoice 325239 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$17.35 Invoice 680596 1 2/13/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1.820.57 invoice 322172 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1.601.43 Invoice 322171 1 2/13/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$31.65 Invoice 680885 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$45.00 Invoice 381044 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $826.45 Invoice 324551 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $482.26 Invoice 328400 12/13/2005 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $109.25 Invoice 328399 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $363.88 Invoice 328398 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $0.00 Invoice 328021 12/13/2005 Cash Payment E 609-49750-251 Licuor For Resale CREDIT-LIQUOR -$19.25 Invoice 681507 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$105.69 Invoice 681280 12/13/2005 Transaction Date 11/28/2005 Wells Fargo 10100 Total $5,772.08 Rear 121305 HECKSEL MACHINE SHOP Cash Payment E 101-43100-440 Other Contractual Servic SNOWPLOW WING $77.98 Invoice 32438 12/13/2005 Cash Payment E 101-43100-440 Other Contractual Servic CUTTER PINS $17.52 Invoice 32439 12/13/2005 Cash Payment E 101-43100-440 Other Contractual Servic ANGLE REPAIRS $17.51 Invoice 32440 12/13/2005 Transaction Date 12/1/2005 Wells Fargo 10100 Total $113.01 Refer 121305 HEITZ, FRANK Cash Payment E 101-43100-305 Medical Services 2005 SAFETY LENS REIMBURSEMENT $177.58 Invoice 121305 12/13/2005 Cash Payment E 101-43100-218 Clothing and Uniforms 2005 BOOT ALLOWANCE $150.00 Invoice 121305 1 2/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 Total $327.58 Refer 121305 HENNEPIN COUNTY INFORMATIO Cash Payment E 222-42260-418 Other Rentals 10-05 RADIO LEASE $1,017.99 Invoice 25108032 12/13/2005 Transaction Date 12/7/2005 Wells Fargo 10100 Total $1,017,99 Refer 123105 HENNEPIN COUNTY PUBLIC WOR - 341 9- City of Mound 12108/05 10:49 AM Page 11 Payments CITY OF MOUND Current Perio, d: December 2005 Cash Payment E 601-49400-455 Permits 3RD QTR UTILITY PERMITS Invoice UTIL00645 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 Refer 121305 HENNEPIN COUNTY TREASURER Cash Payment E 101-41110-322 Postage 5680 BARTLETT BLVD MAILING LIST Invoice 2005-121 12/13/2005 Cash Payment G 101-23063 5951 Lynwood Blvd #05-59 v 5945 LYNWOOD MAILING LIST Invoice 2005-122 12/13/2005 Transaction Date 11/28/2005 Wells Fargo 10100 Total $130.00 Refer 121305 HERC-U-LIFT Cash Payment E 101-43100-440 Other Contractual Servic PRESS FI']-]'ING,HOSE,ETC $175.39 Invoice 01 P9324780 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 Total $175.39 $215.00 Total $215.00 $66.25 $63.75 Refer 121305 HOHENSTEINS, INCORPORA TED Cash Payment E 609-49750-252 Beer For Resale BEER $251.40 Invoice 374930 1211312005 Transaction Date 12/1/2005 Wells Fargo 10100 Total $251.40 Refer 121305 HOME DEPOT/GECF (PA/V) Cash Payment E 601-49400-221 Equipment Parts 6' TYPE 1/8' TYPE I $209.81 Invoice 017021/5019639 1211312005 Cash Payment E 101-43100-221 Equipment Parts TARPS $30.51 Invoice 3018327 12/13/2005 Cash Payment E 601-49400-221 Equipment Parts TARPS $30.51 invoice 3018327 12/13/2005 Cash Payment E 602-49450-221 Equipment Parts TARPS $30.51 Invoice 3018327 12/13/2005 Cash Payment E 101-45200-220 RepaidMaint Supply FENCE SUPPLIES,ETC $275.41 Invoice 028461~4276897 1211312005 PO 18922 Cash Payment E 101-45200-220 RepaidMaint Supply FENCE SUPPLIES,ETC $105.52 Invoice 028461~4276897 1211312005 PO 18922 Cash Payment E 101-41910-401 Repairs/Maint Buildings FENCE SUPPLIES,ETC $42.54 Invoice 028461/4276897 12/13/2005 PO 18922 Transaction Date 11/2812005 Wells Fargo 10100 Total $724.81 Refer 121305 INFRATECH Cash Payment E 401-43103-500 Capital Outlay FA GROUT,JOINTS,ETC $4,982.05 Invoice 0502927 12/13/2005 Project PW0501 Cash Payment E 602-49450-440 Other Contractual Servic REPAIR PREDATOR CONTROLLER $899.97 Invoice 0502785 12/13/2005 Cash Payment E 222-42260-409 Other Equipment Repair GAS MONITOR $245.06 Invoice 0502560 12/13/2005 Transaction Date 11/29/2005 Wells Fargo 10100 Total $6,127.08 Refer 121305 INTERNATIONAL CITY/COUNTY M Cash Payment G 101-15500 Prepaid Items 2006 MEMBERSHIP DUES $751.00 Invoice 121305 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 Total $751,00 Refer 121305 INTERNATIONAL INSTITUTE MUNI -3420- City of Mound 12/08/05 10:49 ,AM ,~ ......~l,"'"' Page 12 /' ~, "~ Payments CITY OF MOUND Cash Payment Invoice 121305 Transaction Date Current Period: December 2005 E 101-41310-433 Dues and Subscriptions 2006 MEMBERSHIP DUES $50.00 12/13/2005 12/7/2005 Wells Fargo 10100 Total $50,00 Refer 121305 ISLAND PARK SKELLY Cash Payment E 101-42110-404 Repairs/Maint Machinery #843 EVAP LEAK $86.29 Invoice 19985 12/13/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #847 WET BATTERY $114.02 Invoice 20040 12/13/2005 Cash Payment E 101-42110-404 Reoairs/Maint Machinery GRN TAURUS AIR CONTROL VALVE $285.38 Invoice 20068 12/13/2005 Cash Payment E 101-43100-404 Repairs/Maint Machinery STAB BAR CONTROL LINK $110,O5 Invoice 19911 12/13/2005 Cash Payment E 601-49400-404 Repairs/Maint Machinery STAB BAR CONTROL LINK $27.50 Invoice 19911 12/13/2005 Cash Payment E 602-49450-404 Repairs/Maint Machinery SQUAD REPAIRS $27.50 Invoice 19985 12/13/2005 Cash Payment E 222-42260-210 Operating Supplies 71 MACK TANKER BATTERY $313.18 Invoice 19918 12/13/2005 Cash Payment E 222-42260-210 Operating Supplies BATTERY $295.95 Invoice 19919 12/13/2005 Cash Payment E 101-45200-404 RepairslMaint Machinery 2000 FORD PICKUP COMPUTER SCAN $341,00 Invoice 20060 12/13/2005 Cash Payment E 101-43100-500 Capital Outlay FA #1205 AUTOSTART, BRAKE CONTROLLER $218.13 Invoice 19981 12/13/2005 Cash Payment E 601-49400-500 Capital Outlay FA #1205 AUTOSTART, BREAK CONTROLLER $218,13 invoice 19981 12/13/2005 Cash Payment E 602-49450-500 Capital Outlay FA #1205 AUTOSTART, BREAK CONTROLLER $218.14 Invoice 199813 12/13/2005 Transaction Date 12/5/2005 Wells Fargo 10100 Total $2,255.27 Refer 121305 JERRY'S TRANSMISSION SERVIC Cash Payment E 222-42260-409 Other Equipment Repair #19 SUTP LADDER REPAIRS $588.33 invoice 0005751 12/13/2005 Transaction Date 12/7/2005 Wells Fargo 10100 Total $588.33 Refer 121305 JESSEN PRESS INCORPORATED Cash Payment E 101-41110-350 Printing WINTER2005 NEWSLETTER $1,131.15 Invoice 52216 12/13/2005 Transaction Date 12/2/2005 Wells Fargo 10100 Total $1,131.15 Refer 121305 JOHNS VARIETY AND PETS Cash Payment E 101-41910-440 Other Contractual Servic PLANTS FOR CITY HALL $112.13 Invoice 0144851 12/13~2005 Transaction Date 12/6/2005 Wells Fargo 10100 Total $112.13 Refer 121305 JOHNSON BROTHERS LIQUOR Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$6.20 Invoice 296424 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$5.40 Invoice 296425 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$48.00 invoice 296423 12/13/2005 -3421 - City of Mound 12/08/0510:49 AM /...~--'"'"'~ Page 13 // ~[ -~ Payments CITY OF MOUND Current Period: December 2005 Cash Payment E 609-49750-253 Wine For Resale WINE $432.00 Invoice 1992750 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $347.50 Invoice 1992749 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $187.95 Invoice 1992748 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,438.75 Invoice 1992747 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $815.47 Invoice 1989749 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $379.65 Invoice 1989750 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $5,422.81 Invoice 1989754 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $430.15 Invoice 1989752 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$41.50 invoice 2958339 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$11.60 invoice 295340 12/13/'2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $839.82 Invoice 1996165 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $2,040.28 Invoice 1996166 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $316.00 nvoice 1996167 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $849.90 nvoice 1996168 12/13/2005 Transaction Date 11/23/2005 Wells Fargo 10100 Total $13,387.58 Refer 121305 JUBILEE FOODS Cash Payment E 101-41110-431 Meeting Expense 12-01-05 COUNCIL SUPPLIES $31.43 invoice 121305 12/13/2005 Transaction Date 12/2/2005 Wells Fargo 10100 Total $31.43 Refer 121305 KACER, MIKE~DIANE Cash Payment R 101-45000-34110 Depot Rental DEPOT REFUND invoice 121305 12/13/2005 Transaction Date 12/1/2005 Wells Fargo $75.00 10100 Total $75.00 Refer 121305 KEIVNEDYAND GRAVEN Cash Payment invoice 68731 Cash Payment Invoice 68731 Cash Payment Invoice 68731 Cash Payment Invoice 68731 Cash Payment Invoice 68732 E 101-41600-300 Professional Srvs 12/13/2005 E 455-46380-300 Professional Srvs 12/13/2005 G 101-22908 Mound Harbor Renaissance 12/13/2005 G 101-22855 MetroPlains Develop 00-64 12/13/2005 E 401-46377-300 Professional Srvs 12/13/2005 10-05 MISCELLANEOUS BILLABLE 10-05 REDEV PROJECT AREA #1 10-05 MOUND HARBOR RENAISSANCE 10-05 METRO PLAINS DEVELOPMENT 10-05 CTY RD 15 REALIGHMENT $165.00 $594.00 $3.992.7O $103.50 $12.00 -3422- City of Mound 12/08/05 10:49 AM Page 14 Payments CITY OF MOUND Current Period: December 2005 .~;; Cash Payment E 101-41600-300 Professional Srvs 10-05 DREAMWOOD LAWSUIT $108.00 Invoice 68732 12/13/2005 Cash Payment E 101-41600-300 Professional Srvs 10-05 EXECUTIVE $1.080.00 invoice 68732 12/13/2005 Cash Payment E 101-41600-300 Professional Srvs 10-05 ADMINISTRATION $48.00 Invoice 68732 12/13/2005 Cash Payment E 222-42260-300 Professional Srvs 10-05 WALDRON CONTRACT $276.00 Invoice 68732 12/13/2005 Cash Payment E 101-41600-314 Legal P/W 10-05 MISC LEGAL P/W $126:00 Invoice 68732 12/13/2005 Cash Payment G 101-23028 2855 Cambridge Lane ~0-4-4 10-05 2855 CAMBRIDGE #04-41 $300.00 Invoice 68732 12/13/2005 Cash Payment G 101-23035 6619 Bartlett BIvd #05-06 Va 10-05 6619 BARTLETT #05-06 $48.00 Invoice 68732 12/13/2005 Cash Payment G 101-23041 3192 Westedge #05-11 Sub- 10-05 3192 WESTEDGE #05-11 $372.00 Invoice 68732 12/13/2005 Cash Payment G 101-23027 3061 Westedge,Serempa Su 10-05 3061 WESTEDGE #05-02 $102.00 Invoice 68732 12/13/2005 Cash Payment E 101-41600-316 Legal P & I 10-05 MISC P/Z $467.83 Invoice 68731 12/13/2005 Cash Payment E 496-46580-300 Professional Srvs 10-05 PUBLIC SAFETY BUILDING $898.3~ Invoice 68731 1211312005 Transaction Date 12/1/2005 Wells Fargo 10100 Total $8,693.34 Refer 121305 KOLLMER CONSULTANTS, INCOR Cash Payment G 601-16300 Improvements Other Than BI 10-08-05 2355 CHATEAU LANE $9,940.00 WATERTOWER Invoice 1229 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 Total $9,940.00 Refer 121305 LAKE MINNETONKA CHAMBER CO Cash Payment E 101-41310-431 Meeting Expense 10-05 GENERAL MEMEBERSHIP LUNCH $15.00 nvoice 6043 12/13/2005 Cash Payment E 101-41310-431 Meeting Expense GENERAL MEMBERSHIP LUNCHEONS $30.00 nvoice 6049 12/13/2005 Cash Payment E 101-42400-431 Meeting Expense GENERAL MEMBERSHIP LUNCHEONS $30.00 Invoice 6049 12/13/2005 Transaction Date 11/23/2005 Wells Fargo 10100 Total $75.00 Refer 121305 LAKER NEWSPAPER Cash Payment E 101-41110-351 Legal Notices Publishing 11-26-05 LEGAL NOTICE $85.93 r~voice 11265 12213/2005 Cash Payment E 401-43106-300 Professional Srvs 11-19-05 HEARING NOTICE $134.O6 Invoice 11196 12/13/2005 Cash Payment E 401-43110-300 Professional Srvs 11-19-05 BIDS $71.64 nvoice 11195 12/13/2005 Transaction Date 11/29/2005 Wells Fargo 10100 Total $291.63 Refer 121305 LAKER/PIONEER NEWSPAPER Cash Payment nvoice 111905 Transaction Date E 609-49750-340 Advertising 11-19-05 L./P HOLIDAY WISHES $150.O0 12/13/2005 12/2/2005 Wells Fargo 10100 Total $150.00 -3423- City of Mound 12/08/05 10:49 AM Page 15 Payments CITY OF MOUND Current Period: December 2005 Refer 121305 LAKESHORE WEEKLY NEW$ Cash Payment E 609-49750-340Advertising Invoice 110356 12/13/2005 Transaction Date 11/23/2005 Refer 121305 LAWSON PRODUCTS, /NC Cash Payment E 101-43100-221 Equipment Parts COTTER,HAMMER PIN $65.53 Invoice 3764507 12/13/2005 Cash Payment E 101-43100-381 Electdc Utilities NYLON CABLE ITES $155.26 Invoice 3799599 12/13/2005 Cash Payment E 101-43100-220 Repair/Maint Supply SHOP SUPPLIES $142.17 Invoice 3809588 12/13/2005 PO 19237 Cash Payment E 601-49400-220 Repair/Maint Supply SHOP SUPPLIES $142.17 Invoice 3809588 12/13/2005 PO 19237 Cash Payment E 602-49450-220 Repair/Maint Supply SHOP SUPPLIES $142.18 Invoice 3809588 1211312005 PO 19237 11-15~05 COLUMN AD $315.00 Wells Fargo 10100 Total $315.00 Transaction Date 12/1/2005 Wells Fargo 10100 Total $647.31 Refer 121305 LUBE TECH, INCORPORATED Cash Payment E 101-43100-220 Repair/Maint Supply DRUM TRANSMISSION OIL $212.35 Invoice 1251225 12/13/2005 PO 19236 Cash Payment E 601-49400-220 Repair/Maint Supply DRUM TRANSMISSION OIL $212.35 Invoice 1251225 12/13/2005 PO 19236 Cash Payment E 602-49450-220 Repair/Maint Supply DRUM TRANSMISSION OIL $212.36 Invoice 1251225 12/13/2005 PO 19236 Transaction Date 12/1/2005 Wells Fargo 10100 Total $637,06 $74.60 10100 Total $74.60 $252.93 $181.05 $478.18 Total $912.16 Refer 121305 LYNN CARD COMPANY Cash Payment E 222-42260-350 Printing HOLIDAY CARDS Invoice 2051103-034 12/13/2005 PO 19190 Transaction Date 12J'7/2005 Wells Fargo Refer 121305 MAPLE PLAIN AUTO BODY Cash Payment E 101-43100-404 Repairs/Maint Machinery NERF BARS Invoice 0001235-B 12/13/2005 Cash Payment E 101-43100-404 Repairs/Maint Machinery USED SEAT invoice 121305 12/13/2005 Cash Payment invoice 121305 Transaction Date E 101-43100-404 Repairs/Maint Machinery BUG SHIELDS, AIR FLARES, ETC 12/13/2005 11/29/2005 Wells Fargo 10100 Refer 121305 MARK VII DISTRIBUTOR Cash Payment nvoice 870860 Cash Payment Invoice 870860 Cash Payment Invoice 870861 Cash Payment 'nvoice 873152 Cash Payment Invoice 873153 E 609-49750-252 Beer For Resale BEER 12/13/2005 E 609-49750-252 Beer For Resale BEER 12/13/2005 E 609-49750-252 Beer For Resale BEER 12/13/2005 E 609-49750-252 Beer For Resale BEER 12/13/2005 E 609-49750-252 Beer For Resale BEER 12/13/2005 $99.30 $2,031,75 $58.95 $3,630.9O $22.00 -3424- CITY OF MOUND Cash Payment invoice 868470 Cash Payment invoice 868471 Cash Payment Invoice 943 Transaction Date Refer 121305 Cash Payment Invoice 16339 Cash Payment Invoice 16360 Cash Payment Invoice 16364 Cash Payment nvoice 16373 Cash Payment Invoice 17020 Cash Payment nvoice 17037 Cash Payment nvoice 17049 Cash Payment nvoice 17055 Transaction Date City of Mound Payments 12/08/05 10:49 AM Page 16 Current Period: December 2005 E 609-49750-252 Beer For Resale BEER $2.698.90 BEER $97.90 CREDIT-BEER -$4-.50 Wells Fargo 10100 Total $8,635.20 11-03-05 DELIVERY CHARGE 11-09-05 DELIVERY CHARGE 11-10-05 DELIVERY CHARGE 11-14-05 DELIVERY CHARGE 11-17-05 DELIVERY CHARGE 11-21-05 DELIVERY CHARGE 11-23-05 DELIVERY CHARGE 11-18-05 DELIVERY CHARGE Wells Fargo 10100 $239.80 $165.00 $124.30 $92.4O $314.60 $33,00 $64.90 $24.20 Total $1,058,20 12/13/2005 E 609-49750-252 Beer For Resale 12/13/2005 E 609-49750-252 Beer For Resale 12/13/2005 11/23/2005 MARLIN'S TRUCKING DELIVERY E 609-49750-265 Freight 12/13/2005 E 609-49750-265 Freight 12/13~2005 E 609-49750-265 Freight 1 2/13/2005 E 609-49750-265 Freight 12/13/2005 E 609-49750-265 Freight 12/13/2005 E 609-49750-265 Freight 12/13/2005 E 609-49750-265 Freight 1 2/13/2005 E 609-49750-265 Freight 12/1312005 11/28/2005 Refer 121305 MAYER DISTRIBUTING Cash Payment E 602-49450-212 Motor Fuels DIESEL FUEL $325.65 nvoice 320993 12/13/2005 PO 19241 Transaction Date 12/2/2005 Wells Fargo 10100 Total $325.65 Refer 121305 METRO FIRE Cash Payment E 222-42260-210 Operating Supplies HOSE ASSY,ETC $174.16 Invoice 22465 12/13/2005 Transaction Date 12/7/2005 Wells Fargo 10100 Total $174.16 Refer 121305 METROPOLITAN COUNCIL ENVIR Cash Payment G 602-21825 SAC Deposits 11-05 SAC CHARGES $1,435.50 Invoice 121305 12/13/2005 Transaction Date 12/2/2005 Wells Fargo 10100 Total $1,435.50 Refer 121305 MICHAEL, GEOFF Cash Payment E 101-41920-210 Operating Supplies 512 MB RAM, RITTER $47.91 Invoice 822 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 Total $47.91 Refer 121305 MINNEHAHA BUILDING MAINTENA Cash Payment E 609-49750-401 Reoairs/Maint Buildings 10-31-05 WINDOW WASH invoice 1120021582 12/13/2005 Transaction Date 11/30/2005 Wells Fargo 10100 Refer 121305 MINNESOTA DEPT OF HEALTH $37,28 Total $37.28 -3425- CiTY OF MOUND City of Mound Payments Cash Payment Invoice 121305 Transaction Date 12/2/2005 Wells Fargo Refer 121305 MINNESOTA PLAYGROUND,/NCO Cash Payment E 101-45200-232 Landscape Matedal WOOD FIBER Invoice 2005458 12/13/2005 PO 18920 Transaction Date 12/1/200'5 Wells Fargo 12/08/05 10:49 AM Page 17 Current Period: December 2005 R 601-49400-37170 State fee - Water 10-01-05 THRU 12-31-05 4TH QTR $4.60~;.00 WASTEWATER 12/13/2005 10100 Total $4,605.00 $927'.00 10100 Total $927.00 Refer 121305 MINNESOTA PUBLISHING Cash Payment E 609-49750-340 Advertising 11-05 ADVERTISING $90.00 Invoice 3155 12113/2005 Cash Payment E 609-49750-340 Advertising 12-05 ADVERTISING $90.00 invoice 3337 12/13/2005 Transaction Date 12/1/2005 Wells Fargo 10100 Total $180.00 Refer 121305 MINNESOTA VALLEY TESTING LA Cash Payment E 601-49400-470 Water Samples COLIFORM,MF-WATER $77.50 Invoice 279568 12/13/2005 Transaction Date 12/1/2005 Wells Fargo 10100 Total $77.50 Refer 121305 MINNETONKA PORTABLE DREDGI Cash Payment G 101-22802 Festival FESTIVAL FIREWORKS $1,000.00 Invoice 121305 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 Total $1.000.00 Refer 121305 MINUTEMAN PRESS Cash Payment E 101-42110-350 Printing DOG/CAT LICENSES $199.89 Invoice 6259 12/13/2005 PO 19252 Cash Payment E 101-41310-200 Office Supplies ENVELOPES $94.01 invoice 6171 12/13/2005 PO 14891 Cash Payment E 101-41500-200 Office Supplies ENVELOPES $94.01 Invoice 6171 12/13/2005 PO 14891 Cash Payment E 101-42400-200 Office Supplies ENVELOPES $94.01 Invoice 6171 12/13/2005 PO 14891 Cash Payment E 101-45200-200 Office Supplies ENVELOPES $94.01 invoice 6171 12/13/2005 PO 14891 Cash Payment E 101-43100-200 Office Supplies ENVELOPES $94.01 Invoice 6171 12/13/2005 PO 14891 Cash Payment E 609-49750-200 Office Supplies ENVELOPES $31.31 Invoice 6171 12/13/2005 PO 14891 Cash Payment E 601-49400-200 Office Supplies ENVELOPES $62,67 Invoice 6171 12/13/2005 PO 14891 Cash Payment E 602-49450-200 Office Supplies ENVELOPES $62,67 Invoice 6171 12/13/2005 PO 14891 Transaction Date 11/30/2005 Wells Fargo 10100 Total $826.59 Refer 121305 MOORE, CARLTON Cash Payment E 101-43100-434 Conference & Training Invoice 121305 Cash Payment Invoice 121305 12/13/2005 E 601-49400-434 Conference & Training 12/13/2005 REIMBURSE MILEAGE CONFERENCE REIMBURSE MILEAGE CONFERENCE $32.59 $8.15 - 3426- f .... City of Mound 12/08/05 10:49 AM ~ X Payments CITY OF MOUND Cash Payment Invoice 121305 Transaction Date Current Period: December 2005 E 602-49450-434 Conference & Training REIMBURSE MILEAGE CONFERENCE $8.15 12/13/2005 12/5/2005 Wells Fargo 10100 Total $48.89 Refer 121305 MOUND FIRE DEPARTMENT Cash Payment G 101-22801 Deposits/Escrow $3,800.00 Invoice 121305 12/13/2005 Cash Payment E 222-42260-180 Fire-Drill Pay $922.00 Invoice 121305 12/13/2005 Cash Payment E 222-42260-185 Fire-Maintenance Pay $840.00 Invoice 121305 12/13/2005 Cash Payment E 222-42260-190 Fire-Monthly Salaries $4,158.75 Invoice 121305 12/13/2005 Transaction Date 12/2/2005 Wells Fargo 10100 Total $9,720.75 Refer 121305 MOUND FIRE RELIEF ASSOCIATIO Cash Payment E 895-49990-124 Fire Pens Contrib 12-05 FIRE RELIEF $9.883.33 Invoice 121305 12/13/2005 Transaction Date 12/8/2005 Wells Fargo 10100 Total $9,883.33 Refer 121305 MOUND, CITY OF Cash Payment E 609-49750-382 Water Utilities 10-05 WATER/SEWER $23.49 Invoice 121305 12/13/2005 Transaction Date 11/29/2005 Wells Fargo 10100 Total $23.49 Refer 131305 2006 RELIEF ASSOCIATION DUES 11-05 MAINTENANCE 11-05 DRILLS 11-05 SALARIES MUELLER, WILLIAM AND SONS Cash Payment E 101-43100-224 Street Maint Materials 10-17-05 BLACKTOP $374.04 Invoice 113311 12/13/2005 Cash Payment E 601-49400-224 Street Maint Materials 10-19-05 BANK FILL $72.35 invoice 113445 12/13/2005 Cash Payment E 602-49450-224 Street Maint Materials 10-19-05 BANK FILL $72.35 Invoice 113445 12/13/2005 Cash Payment E 601-49400-224 Street Maint Materials 10-24-05 BANK FILL $16.78 Invoice 113587 12/13/2005 Cash Payment E 602-49450-224 Street Maint Materials 10-24-05 BANK FILL $16.78 Invoice 113587 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials 10-25-05 BLACKTOP $499.69 Invoice 113701 12/13/2005 Cash Payment E 601-49400-224 Street Maint Materials 10-28-05 BANK FILL $17.33 Invoice 113921 12/13/2005 Cash Payment E 602-49450-224 Street Maiht Materials 10-28-05 BANK FILL $17.33 Invoice 113921 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials 10-30-05 BLACKTOP $930.90 Invoice 113987 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials 11-04-05 BLACKTOP $256~02 Invoice 114251 12/13/2005 Cash Payment E 601-49400-224 Street Maint Materials 11-04-05 BANK FILL $18.41 nvoice 114252-A 12/13/2005 Cash Payment E 602-49450-224 Street Maint Materials 11-04-05 BANK FILL $18.40 Invoice 114252-B 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials 11-09-05 CONCRETE $1.493,13 Invoice 114427 12/13/2005 -3427- CITY OF MOUND City of Mound Payments 12/08/05 10:49 AM Page 19 Current Period: December 2005 Cash Payment E 101-43100-224 Street Maint Materials Invoice 114488 12/13/2005 Cash Payment E 601-49400-224 Street Maint Materials Invoice 114560-A 12/13/2005 Cash Payment E 602-49450-224 Street Maint Materials Invoice 114560-B 12/13/2005 Cash Payment E 601-49400-224 Street Maint Materials Invoice 114704-A 12/13/2005 Cash Payment E 602-49450-224 Street Maint Materials Invoice 114704-B 12/13/2005 Cash Payment E 601-49400-224 Street Maint Materials Invoice 114964-A 12/13/2005 Cash Payment E 602-49450-224 Street Maint Materials Invoice 114964-B 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials Invoice 115171 12/13/2005 Cash Payment E 601-49400-224 Street Maint Materials Invoice 115172-A 12/13/2005 Cash Payment E 602-49450-224 Street Maint Materials Invoice 115172-B 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials Invoice 115225 12/13/2005 Cash Payment E 601-49400-224 Street Maint Materials · Invoice 114116-A 12/13/2005 Cash Payment E 602-49450-224 Street Maint Materials Invoice 114116-B 12/13/2005 Cash Payment E 101-43100-224 Street Maint Materials Invoice 114487 12/13/2005 11-10-05 CONCRETE $172.09 11-11-05 BANK FILL $92.21 11-11-05 BANK FILL $92.21 11-15-05 BANK FILL $47.92 11-15-05 BANK FILL $47.92 11-22-05 BANK FILL $145.30 11-22-05 BANK FILL $145.30 11-30-05 CONCRETE $80.12 11-30-05 BANK FILL $23.61 11-30-05 BANK FILL $23.61 11-30-05 CONCRETE $1.291.21 11-02-05 BANK FILL $17.40 11-02-05 BANK FILL $17.39 11-10-05 BLACKTOP $274.22 Transaction Date 12/1/2005 Wells Fargo 10100 Total $6.274.02 Refer 121305 MUNITECH, INCORPRATED Cash Payment E 601-49400-440 Other Contractual Servic METER CALIBRATION $45.00 invoice 8469 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 Total $45.00 Refer 121305 MUZAK- MINNEAPOLIS Cash Payment E 609-49750-440 Other Contractual Servic 11-05 MUSIC SERVICES Invoice A622121 12/13/2005 Transaction Date 12/8/2005 Wells Fargo 10100 $97.16 Total $97.16 Refer 121305 NATIONAL WATERWORKS Cash Payment E 601-49400-230 Shop Materials CLAMPS,TUBING,ETC Invoice 3005766 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 $1 746.14 Total $1.746.1 4 Refer 121305 NEOPOST Cash Payment E 101-41910-400 Repairs & Maint Contract BRUSH MOIST ASSEMBLY $13,27 nvoice 11207528 12/13/2005 Cash Payment E 101-41910-400 Repairs & Maint Contract BRUSH MOIST ASSEMBLY $5.33 invoice 11204394 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 Total $18.60 Refer 121305 NEW FRANCE WINE COMPANY -3428- CITY OF MOUND Cash Payment Invoice 34648 City of MoUnd Payments 12/08/05 10:49 AM Page 20 Current Period: December 2005 E 609-49750-253 Wine For Resale WINE $314.50 12/13/2005 Transaction Date 12/5/2005 Wells Fargo 10100 Total $314.50 Refer 121305 NORLANDER, JILL Cash Payment E 101-42400-331 Use of personal auto REIMBURSE MILEAGE SEMINAR $17.27 Invoice 121305 12/13/2005 Transaction Date 12/5/2005 Wells Fargo 10100 Total $17.27 Refer 121305 NORTHLAND FIRE AND SECURITY Cash Payment E 222-42260-300 Professional Srvs FUSIBLE LINKS $216.68 invoice 60332 12/13/2005 Project 216.68 Transaction Date 12/7/2005 Wells Fargo 10100 Total $216.68 Refer 121305 OFFICE DEPOT Cash Payment E 101-41310-200 Office Supplies invoice 313880469-001 12/13/2005 Cash Payment E 101-41500-200 Office Supplies Invoice 313880469-001 12/13/2005 Cash Payment E 101-41310-200 Office Supplies Invoice 313880619-001 12/13/2005 Cash Payment E 101.-41500-200 Office Supplies Invoice 313880619-001 12/13/2005 Cash Payment E 101-4'1310-200 Office Supplies Invoice 313884931-001 12/13/2005 Cash Payment E 101-45200-200 Office Supplies Invoice 313958817-001 12/13/2005 Cash Payment E 101-45200-200 Office Supplies Invoice 313965013-001 12/13/2005 Cash Payment E 101-42110-200 Office Supplies Invoice 313167959-001 12/13/2005 PO 19266 Cash Payment E 101-42400-200 Office Supplies Invoice 314946358-001 12/13/2005 Cash Payment E 601-49400-200 Office Supplies Invoice 314946358-001 12/13/2005 Cash Payment E 602-49450-200 Office Supplies Invoice 314946358-001 12/13/2005 Cash Payment E 281-45210-200 Office Supplies Invoice 314946358-001 12/13/2005 Cash Payment E 101-41310-200 Office Supplies Invoice 316020106-001 12/13/2005 Cash Payment E 101-41500-200 Office Supplies Invoice 316020106-001 12/13/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 316020106-001 12/13/2005 Cash Payment E 101-45200-200 Office Supplies Invoice 316020106-001 12/13/2005 Cash Payment E 101-43100-200 Office Supplies Invoice 316020106-001 12/13/2005 Cash Payment E 609-49750-200 Office Supplies Invoice 316020106-001 12/1312005 BINDER TONER CARTRIDGE MANUSCRIPT COVER TONER CARTRIDGE APPOINTMENT CALENDAR CALENDAR/PLANNER SPEAKERS INK JET CARTRIDGES,PAPER INK JET CARTRIDGE INK JET CARTRIDGE INK JET CARTRIDGE INK JET CARTRIDGE MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES $3.21 $114.'81 $18.69 $86.06 $11.30 $136.25 $18.80 $125.91 $78.39 $52.29 $52.29 $26.14 $4.12 $4.12 $4.12 $4.12 $4,12 $1,41 -3429- CITY OF MOUND City of Mound Payments 12/08/05 10:49 AM Page 21 Current Period: December 2005 Cash Payment E 601-49400-200 Office Supplies Invoice 316020106-001 12/13/2005 Cash Payment E 602-49450-200 Office Su3piies Invoice 316020106-001 12/13/2005 Cash Payment E 101-41310-200 Office Supplies Invoice 316020106-001 12/13/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 316020106-001 12/1312005 Cash Payment E 222-42260-200 Office Supplies Invoice 312451218-001 12/13/2005 PO 19189 Cash Payment E 222-42260-200 Office Supplies Invoice 314525055-001 12113/2005 PO 19193 Transactior Date 12/7/2005 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES TONER COPIER FILM INK JET CARTRIDGE,PAPER TRAVEL DRIVE Wells Fargo 10100 $2.74 $2,74 $125.55 $11.69 $139.41 $101.32 Total $1 129.60 Refer 121305 OUR LADY OF THE LAKE CHURCH Cash Payment E 609-49750-340 Advertising 2006 BULLETIN ADVERTISING Invoice 121305 12/13/2005 Transaction Date 12/1/2005 Wells Fargo 10100 Refer 121305 P-J DISTRIBUTING COMPANY Cash Payment E 101-43100-221 Equipment Parts Invoice 42293 12/13/2005 PO 19233 Transaction Date 12/1/2005 Refer 121305 PAUSTIS AND SONS WINE COMPA Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 8089835 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE invoice 8088839 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 8090445 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE invoice 8088107 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE Invoice 8090244 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE Invoice 8090831 12/13/2005 Transaction Date 11/23/2005 Wells Fargo Refer 121305 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE Invoice 3328265 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE Invoice 3328129 1 2/13/2005 Cash Payment E 609-49750-253 Wine ForResale WINE nvoice 266576 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2266575 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 2266574 12/13/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR nvoice 2264349 12/13/2005 BOBCAT TIRE,BUMPER $250.00 Total $250.00 $511.20 Wells Fargo 10100 Total $511.20 $408.00 $196.00 $749.42 $17.16 -$104.00 -$10.00 10100 Total $1 256.58 -$5,56 -$8.67 $79,55 $331.35 $81.40 $1,332.50 -343O- .-- .... __...__. City of Mound 12/08/05 10:49 AM .t Page 22 /" ~t, "~ Payments CITY OF MOUND Cash Payment invoice 2264350 Cash Payment Invoice 3327510 Cash Payment Invoice 2269051 Cash Payment invoice 2269052 Transaction Date Current Period: December 2005 Rear Wells Fargo 121305 PLUNKETT'S, INCORPORA TED Cash Payment nvoice 850639 Cash Payment Invoice 850639 Cash Payment Invoice 850639 Transaction Date 10100 Total E 609-49750-253 Wine For Resale WIN E 12/13/2005 E 609-49750-251 Liquor For Resale CREDIT--LIQUOR 12/13/2005 E 609-49750-251 Liquor For Resale LIQUOR 12/13/2005 E 609-49750-253 Wine For Resale WiN E 12/13/2005 11/23/2005 E 609-49750-440 Other Contractual Servic 11-05 PEST CONTROL 12/13/2005 E 609-49750-440 Other Contractual Servic 12-05 PEST CONTROL 12/13/2005 G 609-15500 Prepaid Items 01-06 PEST CONTROL 12/13/2005 12/6/2005 Wells Fargo 10100 $3.427.05 -$23.85 $85.20 $2,091.20 $7.390.17 $14.13 $14.13 $14.14 Total $42.40 Rear 121305 QUALITY WINE AND SPIRITS E 609-49750-253 Wine For Resale CREDIT-WINE 12/13/2005 609-49750-251 Liquor For Resale LIQUOR 12/13/2005 609-49750-251 Liquor For Resale LIQUOR 1 2/13/2005 609-49750-253 Wine For Resale WIN E 12/13/2005 609-49750-251 Liquor For Resale LIQUOR 12/13/2005 609-49750-253 Wine For Resale WIN E 12/13/2005 LIQUOR Cash Payment Invoice 627575-00 Cash Payment E Invoice 630232-00 Cash Payment E Invoice 629903-00 Cash Payment E Invoice 630849-00 Cash Payment E Invoice 632023-00 Cash Payment E Invoice 636245-00 Cash Payment E 609-49750-251 Liquor For Resale Invoice 635533-00 12/13/2005 Transaction Date 11/28/2005 Wells Fargo 10100 Total $7,049.95 Refer 121305 RANDY'S SANITATION Cash Payment E 101-41910-384 Refuse/Garbage Dispos 11-05 GARBAGE SERVICE $123.91 Invoice 111305 11/13~2005 Transaction Date 11/30/2005 Wells Fargo 10100 Total $123.91 Refer 121305 REID, JOHN E. AND ASSOCIATES Cash Payment E 101-42110-434 Conference & Training 10-18-05 TECH INTEROGATION/INTERVIEWS $9.480.00 invoice 121305 12/13/2005 PO 19278 Transaction Date 11/30/2005 Wells Fargo 10100 Total $9,480.00 Refer 121305 REYNOLDS WELDING SUPPLY CO Cash Payment E 222-42260-418 Other Rentals AIR AND OYXGEN $22.45 Invoice R10051105 1211312005 Transaction Date 12/7/2005 Wells Fargo 10100 Total $22.45 -$168.00 $1,091.49 $706.38 $2,185.26 $1;275.95 $1,569.28 $389.59 Refer 121305 SCHARBER AND SONS -3431 - City of Mound 12/08/0510:49 AM Page 23 Pa ents CITY OF MOUND Current Period: December 2005 Total Cash Payment E 101-45200-409 Other Equipment Repair FtLTER Invoice 02-2053600 12/13/2005 Cash Payment E 101-45200-409 Other Equipment Repair WATER PUMP/GASKET Invoice 02-2053524 12/13/2005 Cash Payment E 101-45200-409 Other Equipment Repair FILTERS Invoice 02-2053792 12/13/2005 Cash Payment E 101-45200-409 Other Equipment Repair HEATER Invoice 02-2053791 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 $1 ~ .66 $12.24 $233.08 $213.00 $474.98 Refer 121305 SENSUS METERING SYSTEMS Cash Payment E 601-49400-220 RepaidMaint Supply 11-22-05 SERVICE CALL $132.00 I nvoice ZZ60019606 12/13/2005 Transaction Date 12/2/2005 Wells Fargo 10100 Total $132.00 Refer 121305 SENTRY SYSTEMS, INCORPORAT Cash Payment E 609-49750-440 Other Contractual Servic 12-05 BURGLARY MONITORING $34.19 Invoice 468695 1 2/1312005 Cash Payment E 609-49750-440 Other Contractual Servic 12-05 FIRE MONITORING SERVICE $38.23 Invoice 466848 12/1312005 Transaction Date 11/28/2005 Wells Fargo 10100 Total $72.42 Refer 121305 SHANKEN COMMUNICATIONS, IN Cash Payment E 609-49750-433 Dues and Subscriptions 11-15-05 PUBLICATION $12.50 Invoice 217009 12/13/2005 Cash Payment E 609-49750-433 Dues and Subscriptions 11-30-05 PUBLICATION $12.50 Invoice 217009 12/13/2005 Transaction Date 11/30/2005 Wells Fargo 10100 Total $25.00 Refer 121305 SIMPLEX TIME RECORDER COMP Cash Payment E 101-41910-401 Repairs/Maint Buildings Invoice 60784007 12/13/2005 Transaction Date 12/1/2005 11-18-05 SERVICE CALL Wells Fargo 10100 $129.93 Total $129.93 Refer 121305 SKINNER, GREG Cash Payment invoice 121305 Cash Payment Invoice 121305 Cash Payment invoice 121305 Transaction Date E 10-1-43100-218 Clothing and Uniforms 12/13/2005 E 601-49400-218 Clothing and Uniforms 12/13/2005 E 602-49450-218 Clothing and Uniforms 1 2/13/2005 12/6/2005 CLOTHING REIMBURSEMENT CLOTHING REIMBURSEMENT CLOTHING REIMBURSEMENT Wells Fargo 10100 $195.96 $195.96 $195.95 Total $587.87 Refer 121305 STEINBRECHER PAINTING, INCOR Cash Payment E 496-46580-500 Caoital Outlay FA nvoice 121305 12/13/2005 Transaction Date 12/7/2005 Refer 121305 STONEBROOKE EQUIPMENT, INC Cash Payment E 101-43100-500 CapitalOutlay FA nvoice 7140 12/13/2005 PO 19244 PUBLIC SAFETY BUILDING Wells Fargo 10100 #9281 PLOW/LIGHTS $2.747.00 Total $2.747.O0 $6,429.41 Transaction Date 1 2/8/2005 Wells Fargo 10100 Total $6,429,41 Refer 121305 STREICHER'S -3432- City of Mound 12108/0510:49 AM Page 24 Payments CiTY OF MOUND Cash Payment Invoice 1307696 Cash Payment Invoice 1306410 Transaction Date Current Period: December 2005 G 101-22803 Police Reserves INITIAL ISSUE HUGHES $89.90 12/13/2005 PO 19110 G 101-22805 Police Forfeiture Program SQUAD #840 CAGE $468.55 12/13/2005 PO 19274 11/30/2005 Wells Fargo 10100 Total $558.45 Refer 121305 SUBURBAN TIRE WHOLESALE Cash Payment E 101-45200-404 Repairs/Maint Machinery TIRES $362.65 Invoice 10047145 12/13/2005 Transaction Date 12/612005 Wells Fargo 10100 Total $362,65 Refer 121305 SWARTZER, BRIAN Cash Payment E 101-45200-218 Clothing and Uniform; Invoice 121305 12/13/2005 Transaction Date 11/28/2005 Refer 121305 THORPE DISTRIBUTING COMPAN E 609-49750-252 Beer For Resale 1 2/13~2005 E 609-49750-252 Beer For Resale 12/13/2005 E 609-49750-252 Beer For Resale 12/13/2005 E 609-49750-252 Beer For Resale Invoice 392598-B 12/13/2005 E 609-49750-252 Beer For Resale 12113/2005 E 609-49750-252 Beer For Resale 12/13/2005 E 609-49750-252 Beer For Resale 1 2/13/2005 11/23/2005 Cash Payment Invoice 393306 Cash Payment invoice 393307 Cash Payment Invoice 40267 Cash Payment Cash Payment Invoice 394030 Cash Payment Invoice 394029 Cash Payment Invoice 40178 Transaction Date 2005 BOOT ALLOWANCE $149.96 Wells Fargo 10100 Total $149.96 BEER $141.80 BEER $6,843.55 BEER $77.00 CREDIT-BEER -$27.00 BEER $8,845.30 BEER $43.75 BEER $377.O0 Wells Fargo 10100 Total $16,301.40 Refer 121395 THYSSEN-KRUPP ELEVATOR COR Cash Payment E 101-41910-440 Other Contractual Servic 12-05 ELEVATOR MAINTENANCE $194.89 Invoice 417762 12/13/2005 Transaction Date 11/30/2005 Wells Fargo 10100 Total $194.89 Refer 121305 TIMBERWALL LANDSCAPING Cash Payment E 101-45200-232 Landscape Matedal Invoice 0180617-1N 12/13/2005 PO 18921 Cash Payment E 101-45200-232 Landscape Material Invoice 0016739-PP 12/13/2005 Transaction Date 12/1/2005 Refer 121305 TODD, RICHARD Cash Payment E 602-49450-305 MedicaIServices Invoice 121305 12/13/2005 Transaction Date 12/1/2005 CEDAR TIMBERS $250.96 CREDIT #16793 -$30.00 Wells Fargo 10100 Total $220.96 2005 SAFETY LENS $489.90 Well s Fargo 10100 Total $489.90 Refer 121305 TRUE VALUE, MOUND Cash Payment E 101-42110-460 Janitorial Services invoice X03604 12/13/2005 SALT PELLETS $163.24 -3433- City of Mound 2/oB/os AM Page 25 Payments CiTY OF MOUND Cash Payment Invoice 121305 Cash Payment invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Transaction Date Current Period: December 2005 101-45200-220 Repair/Maint Supply $847.65 12/13/2005 609-49750-210 Operating Supplies $88.77 12/13/2005 601-49400-220 RepaiflMaint Supply $104.85 12/13/2005 602-49450-220 Repair/Maint Supply $67.11 12/13/2005 101-43100-220 Repair/Maint Supply $51.92 12/13/2005 101-41910-220 Repair/Maint Supply $31.71 12/13/2005 101-43100-221 Equipment Parts $4.04 12/13/2005 101-43100-232 Landscape Material $9.04 12/13/2005 101-43100-218 Clothing and Uniforms $5.49 12/13/2005 101-22810 X-Mas Lights Donation/Expe $17.65 12/13/2005 101-43100-226 Sign Repair Materials $5.31 12/13/2005 602-49450-221 Equipment Parts $24.02 12/13/2005 602-49450-230 Shop Materials $14.35 12/13/2005 281-45210-220 Repair/Maint Supply $29.80 12/13/2005 101-41910-401 Repairs/Maint Buildings $18.09 12/13/2005 12/1/2005 Wells Fargo 10100 Total $1.483.04 t 1-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES 11-05 MISCELLANEOUS SUPPLIES Refer 121305 UNIFORMS UNLIMITED Cash Payment G 101-22803 Police Reserves Invoice 296273 12/13/2005 PO 19132 Transaction Date 11/30/2005 Refer 121305 WASTE MANAGEMENT- TC WEST Cash Payment E 670-49500-440 Other Contractual Servic 12-05 CURBSIDE RECYCLING Invoice 1239744-1593-7 12/13/2005 Transaction Date 12/6/2005 Wells Fargo 10100 TASERS,HOLSTERS,CARTRIDGES Wells Fargo 10100 $2,934.50 Total $2,934.50 $8,326.48 Total $8,326.48 Refer 121305 WESTSIDE WHOLESALE TIRE AN Cash Payment E 101-43100-221 Equipment Parts TIRES FOR #185/#186 invoice 560147 12/13/2005 PO 14983 Transaction Date 12/6/2005 Wells Fargo 10100 $1,416,56 Total $1,416.56 Refer 121305 WHELAN DAVIS COMPANY, INCO Cash Payment E 496-46580-500 Capital Outlay FA PUBLIC SAFETY BUILDING Invoice 121305 12/13/2005 Transaction Date 12/7/2005 Wells Fargo 10100 $3,952,00 Total $3,952.00 Refer 121305 WIDMER CONSTRUCTION, LLC -3434- City of Mound 12108/05 10:49 AM Page 26 Payments CITY OF MOUND Cash Payment Invoice 1117 Cash Payment Invoice 1119 Cash Payment Invoice 1118 Cash Payment Invoice 1131 Transaction Date Current Period: December 2005 E 601-49400-400 Repairs & Maint Contract 10-10-05 DEVON LANE $1,280.00 12/13/2005 E 601-49400-400 Repairs & Maint Contract 09-27-05 DEVON LANE $1,590.00 12/13/2005 E 601-49400-400 Repairs & Maint Contract 10-06-05 THREE POINTS $1.503.75 12/13/2005 E 601-49400-400 Repairs & Maint Contract 10-24-05 THREE POINTS BREAK $262.50 12/13/2005 12/1/2005 Wells Fargo 10100 Total $4, ~36.25 Refer 121305 WINE COMPANY Cash Payment E 609--49750-253 Wine For Resale WINE Invoice 129193-00 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 128507-00 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale Invoice 129194-00 12/13/2005 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 129621-00 12/13/2005 Transaction Date 11/23/2005 Refer 121305 WINE MERCHANTS $244.80 $1,150.95 CREDIT-WINE -$240.00 $353.73 Wells Fargo 10100 Total $1.509.48 Cash Payment E 609-49750-253 Wine For Resale WINE $1,902.70 Invoice 140797 12/13/2005 Transaction Date 11/29/2005 Wells Fargo 10100 Total $1,902.70 Refer 121305 WINKLER, BOB Cash Payment E 101-45200-232 Landscape Material $18.51 Invoice 121305 12/t3/2005 Cash Payment E 101-43100-224 Street Maint Materials $5,571.31 nvoice 121305 12/13/2005 Transaction Date 12/1/2005 Total 11-06-05 AL & ALMAS PARK 11-08-05 SAND FOR SALT MIX Wells Fargo 10100 $5.589.82 Refer 121305 XCEL ENERGY Cash Payment E 101-41910-381 Electdc Utilities 09-03-05 THRU 10-02-05 #51-4802601-1 $4,947.68 Invoice 121305 12/13/2005 Cash Payment E 101-41910-381 Electdc Utilities 10-03-05 THRU 11-02-05 #51-4802601-1 $5,062.53 Invoice 121305 12/13/2005 Cash Payment E 101-43100-381 Electdc Utilities 10-25-05 THRU 11-27-05 #51-6002836-0 -$171.95 Invoice 121305 12/13/2005 Cash Payment E 602-49450-381 Electdc Utilities 08-03-05 THRU 08-29-05 #302184356 $227.88 Invoice 121305 12/13/2005 Cash Payment E 602-49450-381 Electdc Utilities 08-23-05 THRU 10-23-05 #302224623 $552.79 Invoice 121305 12/13/2005 Cash Payment E 602-49450-381 Electric Utilities 09-26-05 THRU 10-25-05 #302557595 $90.17 invoice 121305 12/13/2005 Cash Payment E 101-43100-381 Electdc Utilities 08-23-05 THRU 10-23-05 #302598976 $64,33 Invoice 121305 12/13/2005 Cash Payment E 602-49450-381 Electric Utilities 08-29-05 THRU 09-20-05 #302184356 $186.07 Invoice 121305 12/13/2005 Cash Payment E 602-49450-381 Electric Utilities 09-20-05 THRU 10-19-05 #302184356 $350.67 Invoice 121305 12/13/2005 -3435- CITY OF MOUND Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Paymenl Invoice 121305 Cash Payment Invoice 121305 Cash Payment invoice 121305 Cash Payment Invoice 121305 Cast' Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment Invoice 121305 Cash Payment invoice 121305 City of Mound Payments 12/08/05 10:49 AM Page 27 Current Period: December 2005 E 101-45200-381 Electric Utilities 12/13/2005 E 602-49450-381 Electric Utilities 12/13/20O5 E 602-49450-381 Electric Utilities 12/13/2005 E 602-49450-381 Electric Utilities 12/13/2005 E 101-45200-381 Electric Utilities 12/13/2005 E 602-49450-381 Electric Utilities 12/13/2005 E 602-49450-381 Electdc Utilities 12/13/2005 E 602-49450-381 Electric Utilities 12/13/2005 E 602-49450-381 Electdc Utilities 12/13/2005 E 601-49400-381 Electdc Utilities 12/13/2005 E 602-49450-381 Electric Utilities 12/13/2005 E 602-49450-381 Electric Utilities 12/13/2005 E 602-49450-381 Electric Utilities 12/13/2005 E 602-49450-381 Electdc Utilities 12/13~2005 E 602-49450-381 Etectdc Utilities 12/13~2005 E 101-43100-381 Electdc Utilities 12/1312005 E 601-49400-381 Electric Utilities 12/13/2005 E 602-49450-381 Electric Utilities 12/13/2005 E 602-49450-381 Electric Utilities 1 2/13/2005 E 101-43100-381 Electdc Utilities 12/13/2005 E 602-49450-381 Electdc Utilities 12/13/2005 E 601-49400-381 Electdc Utilities 12/13/2005 E 602-49450-381 Electdc Utilities 12/13/2005 E 602-49450-381 Electdc Utilities 12/13/2005 E 601-49400-381 Electdc Utilities 12/13/2005 08-28-05 THRU 09-27-05 #302170356 #302184356 08-23-05 THRU 09-22-05 #302184725 08-25-05 TH RU 09-26-05 #302241096 08-25-05 THRU 09-26-05 #302282490 08-24-05 THRU 09-25-05 #302298275 08-21-05 THRU 09-20-05 #302302027 08-24-05 THRU 09-25-05 ¢h302312047 08-28-05 THRU 09-27-05 #302372217 08-30-05 THRU 09-29-05 #302436889 08-25-05 THRU 09-26-05 #302473769 08-22-05 THRU 09-21-05 #302522859 08-25-05 THRU 09-26-05 #302557595 08-28-05 THRU 09-27-05 #302666084 08-28-05 THRU 09-27-05 #302733232 08-20-05 THRU 09-19-05 #302740421 08-20-05 THRU 09-19-05 #302740421 08-20-05 THRU 09-19-05 #302740421 08-23-05 THRU 09-24-05 #302889405 08-25-05 THRU 09-26-05 #302896248 08-25-05 THRU 09-26-05 #302913166 08-22-05 THRU 09-21-05 #302975029 08-23-05 THRU 09-22-05 #303070078 08-25-05 THRU 09-26-05 #303127228 08-22-05 THRU 09-21-05 #303141541 $12.46 -$267.45 $20.29 $81.02 $91.08 $46,48 $55.17 $91.09 $41.75 $12.16 $1 O3.23 $273.5O $83,63 $30.71 $17,96 $193.28 $193.28 $193.29 $102.87 $288.48 $16.97 $25.05 $48.95 $41.89 $682.71 -3436- City of Mound 12/08/05 10:49 AM Page 28 Payments CITY OF MOUND Current Period: December 2005 Cash Payment E 602-49450-381 Electric Utilities 08-28~05 THRU 09-27-05 #303164216 $69.47 invoice 121305 12/13/2005 Cash Payment E 101-43100-381 Electdc Utilities 08-25-05 THRU 09-26-05 #303318069 $83.14 Invoice 121305 12113/2005 Cash Payment E 602.49450-381 Electdc Utilities 08-25-05 THRU 09-23-05 #303462963 $23.10 Invoice 121305 12/13/2005 Cash Payment E 602-49450-381 Electric Utilities 08-24-05 THRU 09-25-05 #303472720 $49.48 Invoice 121305 12/13/2005 Cash Payment E 602-49450-381 Electric Utilities 08-23-05 THRU 09-24-05 #303496812 $119.89 Invoice 121305 12/13/2005 Cash Payment E 222-42260-381 Electdc Utilities 08-22-05 THRU 09-21-05 #303655926 $960.44 Invoice 121305 12/1312005 Cash Payment E 101.42110-381 Electdc Utilities 08-22-05THRU 09-21-05 #303655926 $960.44 Invoice 121305 12/13/2005 Cash Payment E 101-41910-381 Electric Utilities 08-22-05 THRU 09-21-05 #303703346 $1,535.19 Invoice 121305 12113/2005 Cash Payment E 101.45200-381 Electdc Utilities 08-28-05 THRU 09-27-05 #303767005 $92,76 Invoice 121305 12/13/2005 Cash Payment E 602.49450-381 Electdc Utilities 08-25-05 THRU 09-26-05 #303816391 $32.15 Invoice 121305 12/13/2005 Cash Payment E 602-49450-381 Electdc Utilities 08-02-05 THRU 08-29-05 #302184356 $267.45 Invoice 121305 12/13/2005 Transaction Date 11/30/2005 Wells Fargo 101'00 Total $17,983.53 Refer 121305 ZEE MEDICAL SERVICE Cash Payment E 101-45200-220 Repair/Maint Supply EYE FLUSH,ANTISEPTIC,ETC $63.42 invoice 54087828 12/13/2005 Transaction Date 12/1/2005 Wells Fargo 10100 Total $63.42 Refer 121305 ZlEGLER, INCORPORATED Cash Payment G 601-16300 Improvements Other Than BI RETAINAGE,CATERPILLAR $3,518.23 nvoice E4343402 12/13/2005 Transaction Date 12/1/2005 Wells Fargo 10100 Total $3,518.23 -3437- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 401 GENERAL CAPITAL PROJECTS 455 TIF 1-2 475 TIF 1-3 Mound Harbor Renaissan 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 895 FIRE RELIEF FUND City of Mound Payments 12/08/05 10:50 AM Page Current Period: December 2005 10100 Wells Fargo $105,344.43 $13,959.68 $55,94 $5,648.19 $594.00 $38,062.62 $7,597.31 $281,423.97 $8,494.65 $93,889.64 $8,326.48 $9,883.33 $573,280.24 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $573,280.24 $573,280.24 -3438- Engineering o Planning · Surveying November 30, 2005 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Chateau Water Tower Partial Payment MFRA #12615 Dear Ms. Hanson: Enclosed is Chicago Bridge and Iron's Payment Request No.2 for work completed through November 30, 2005 on the subject project. The amount of this payment request is $244,689.82. We have reviewed this request, find it in order, and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact me. Sincerely, Robert Dehler, P.E. CC: Carlton Moore, Public Works Director Gino Businaro, Finance Director Enclosure s:h-uain:Wlou 12615~corres~hansonpart-pay 11-30 An Equal Opportunity Employer 14800 28th Avenue North, Suite 140 · Plymouth, Minnesota · 55447 3439- phone 763/476-6010 · fax 763/476-8532 · e-mai/: mfra@mfra.com Iii ~Z m ~> > ~J ~ 8~m oo 2D '-t 0 O0 C > 1 ,.z: := ~m~ m~ m m m ~0 ~OC g -3440- Z 8888888 88888 88 o~8 8~888~5~ 888008800 88888 88 ~ Z~ 0000000 00000 0 ~ bbbbbbb bbbbb ~ ~ ooooooo ooooo ~8 z' 8888888 88888 ~8 bbbbbbb bbbbb ~b -- ~8 o o~oo8 so ~ o ..... 8888888 88888 ~8 88o0888 00 88888 ~8 ~ ZO m .-n -i m m ..n -3441 - Engineering ° Planning ° Surveying FRA December 2, 2005 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Repaint Island Park Standpipe MFRA #15139 Dear Mayor and Council Members: As requested, we have obtained bids to recondition Island Park Standpipe. Following is a list of the Contractors with their bid: Contractor Champion Coatings TMI Coatings Kountoupes Painting Odland Protective Coatings Classic Protective Coatings Bid $166,000 $194,000 $198,700 $202,554 $231,172 Attached for your use is a summary of the bids. We previously completed an opinion of probable construction cost and this amount was estimated to be $146,800.00. We have discussed the proposed project with Champion Coatings and investigated their references for work completed in other communities. Based on this information, it is our opinion that the contract should be awarded to Champion Coatings in the amount of $166,000. If you have any questions or need additional information, please contact us. Sincerely, ~o~be~~ Deb e ,tp~.. Enclosure cc: Bonnie Ritter, City Clerk Carlton Moore, Public Works Director s:kmain:hMou 15139\corres~mayor&council12-2 An Equal Opportunity Employer -3442- 14800 28th Avenue North, Suite 140 · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 · e-ma#: mfra@mfra.com > > ~? ~ .... 0 0 ° · ~. . . ~ o . > -3443- Engineering · Planning o Surveying FRA December 7, 2005 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota SUBJECT: City of Mound 2006 Retaining Wall Project MFRA #15229 Dear Mayor and Council Members: As requested, we have obtained bids for the 2006 Retaining Wall project. Following is a list of the Contractors with their bid: Contractor Rosti Construction Sunram Construction Environmental Associates Stonewater Landscapes Bid $ 266,496.00 $ 295,634.75 $ 317,931.00 $ 460,636.00 Attached for your use is a summary of the bids. We previously completed an opinion of probable construction cost and this amount was estimated to be $260,000.00. We have worked recently with Rosti Construction on another project. It is our opinion that the contract should be awarded to Rosti Construction in the amount of $266,496.00. If you have any questions or need additional information, please contact us. Sincerely, City Engineer cc: Bonnie Ritter, City Clerk Carlton Moore, Public Works Director s:~main Amou 15229 Acorres\opinionletter 12-7 An Equal Opportunity Employer 14800 28th Avenue North, Suite 140 · Plymouth, Minnesota · 55447 - 3444- phone 763/476-6010 · fax 763/476-8532 · e-ma#: mfra@mfra.com -3445- -3446- -3447- -3448- -3449- ~8 > -3450- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com December 8, 2005 .TO: Mayor and City Council FROM: Bonnie Ritter RE: Hennepin County/City of Mound Lease Agreement for Election Equipment This agreement covers the six Model 100 Optical Scan Count Units and accessories, which we have been using for the past years, plus six AutoMark Voter Assist Terminals which have been mandated by HAVA (Help America Vote Act). It also rescinds the previous agreement with Hennepin County for the Model 100's that has been in place since 1999. This agreement is the same that every city in Hennepin County will enter into and certainly is better than the alternative of having to purchase the HAYA equipment to the tune of approximately $7,000 per machine. The costs referred to in the agreement were previously discussed at Clerk's meetings and are already reflected in the proposed election budget for 2006. _printed on recycled paper 3451 - HENNEPIN COUNTY/CITY OF MOUND LEASE AGREEMENT Agreement No. A052264 THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and the CITY OF MOUND, both political subdivisions of the State of Minnesota, hereinafter referred to as the "County" and the "City" respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, Minnesota 55487 and the address of the City is 5341 Maywood Road, Mound, MN 55364. WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99-6-426 authorized the purchase of election equipment (hereinafter "Election Equipment") for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 05-564 authorized the purchase of Assisted Voting Technology equipment (hereinafter "AVT Equipment") for a countywide optical scan voting system, election hardware and services through the State of Minnesota C.ooperative Purchasing Agreement; and WHEREAS, the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer property to the City for its use; and WHEREAS, the County and the City of Mound are parties to an agreement dated August 3, 1999, and numbered A08190 relating to the lease of Election Equipment and the County and City desire to terminate that lease agreement and replace it with this agreement. WHEREAS, the County desires to lease Election Equipment and AVT Equipment to the City of Mound for use in all city elections. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County and the City agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the City at the cost identified below and subject to the terms and conditions of this Agreement, and the City hereby agrees to lease from the County Election Equipment identified as: six (6) Model 100 Optical SCan Precinct Count Units (including twelve (12) PCMCIA memory cards, six (6) Model Page 1 of 7 -3452- 1.2 1.3 1.4 2.1 2.2 100 metal ballot boxes, six (6) Model 100 hard cover carrying cases, and six (6) Model 100 soft cover carry cases) for polling places contained within the City. The County hereby leases to the City subject to the terms and conditions of this Agreement, and the City hereby agrees to lease from the County AVT Equipment identified as: six (6) AutoMARK Voter Assist Terminals, twelve (12) 256mb Flashcard and six (6) ES&S AutoMARK Tables with adjustable legs for polling places contained within the City. The County and the City hereby rescind Agreement A08190, dated August 3, 1999, and replace that Agreement with this Agreement. Subject to the terms and conditions of this Agreement, the parties may agree by written addendum executed' by all the parties to increase or decrease the County Election and AVT Equipment included within the scope of this agreement. Hennepin County hereby delegates authority to execute such an addendum to the County Auditor. The City hereby delegates authority to execute such an addendum to its City Administrator/Manager. Section 2 OWNERSHIP The City acknowledges that the County owns the Election and AVT Equipment and that the City is authorized to use said Election Equipment and AVT Equipment for official election related purposes. Use of the Election and AVT Equipment for any other purpose is strictly prohibited absent express written consent of the County Auditor. The City acknowledges and agrees that the Election and AVT Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software (ES&S) and is protected under federal copyright law or other laws, rules, regulations and decisions. The City shall protect and maintain the proprietary and trade secret status of the Election and AVT Equipment. 3.1 Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION The City shall be responsible for the Election and AVl' Equipment while it is in the City's custody. The City, either through insurance or a self-insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election and AVT Equipment while it's in the City's custody and this contract is in effect, consistent with the City's defense and indemnity obligations contained in Section 7.6 herein. Page 2 of 7 -3453- 3.2 The City shall be responsible for the transporting of the Election and AVT Equipment from and to the County. Upon termination of this Agreement, the City shall forthwith deliver the Election and AVT Equipment to the County or its designee, complete and in good order and working condition. The City shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election and AVT Equipment. 4.1 Section 4 TERM, TERMINATION The City and the County agree that this Agreement is in effect during the period commencing upon signature by the County. The City and County agree that this Agreement will terminate when the City and County mutually agree that the equipment will no longer be used for the City's elections, unless terminated sooner by either party with cause upon seven (7) calendar days' written notice to the other. Section 5 MAINTENANCE 5.1 Maintenance Agreement (M100). The County has entered into a Maintenance Agreement with Election Systems & Software for the maintenance of the Election Equipment ("Election Equipment Maintenance Agreement"). The City will obtain the services furnished by the Election Equipment Maintenance Agreement (Addendum A), which clearly outlines the said coverage of the equipment, directly from Election Systems & Software, Inc. The annual maintenance fee paid by the City to the County for said Election Equipment Maintenance Agreement shall be One Hundred and Twenty-eight dollars ($128) per unit, and any increase in the fee shall not exceed three percent (3%) of the prior two (2) year Election Equipment Maintenance Agreement with the County. 5.2 Maintenance Agreement (AVT Equipment). The County will enter into a Maintenance Agreement with Election Systems & Software for the maintenance of the AVT Equipment ("AVT Maintenance Agreement") at the end of the warranty period, determined to be December 31,2006. The City will obtain the services furnished by the AVT Maintenance Agreement, which will clearly outline the said coverage of the equipment, directly from Election Systems & Software, Inc., the terms of which will be comparable to Addendum A. The annual maintenance fee paid by the City to the County for said AVT Maintenance Agreement shall be an amount not to exceed Three Hundred and Ten dollars ($310) per unit, and any increase in the fee shall not exceed three percent (3%) of the prior two (2) year Maintenance Agreement with the County.. The County Page 3 of 7 -3454- 5.3 5.4 5.5 6,1 6.2 6.3 6.4 6.5 will forward a copy of the AVT Maintenance Agreement upon execution with Election Systems & Software, prior to the expiration of the warranty period. The City agrees not to make any repairs, changes, modifications or alterations to the Election Equipment or AVT Equipment that are not authorized by Hennepin County and said vendors. After reasonable notice, the County shall have the right to enter into and upon the premises where the Election and AVT Equipment is located for the purposes of inspecting the same or observing its use. On an annual basis, during the term of this Agreement, the City shall comply with the County's request for verification of Election and AVT Equipment inventory. The City agrees to provide notice to Election Systems & Software of any defects or malfunctions with the Election and/or AVl' Equipment within twenty-four (24) hours. The City also agrees to provide the County with notice of such malfunctions or defects and Election Systems & Software's response within a reasonable time. The county agrees to track via a log all such equipment malfunctions. Section 6 PROGRAMMING AND ACCUMULATION Programming. The County will be responsible for programming the M100 Optical Scan Election Equipment at no charge to jurisdictions for all races in all elections. Programming Costs. The City is responsible for paying to the County the programming costs of the AVT Equipment described in paragraph 1.2 at an amount prorated upon the number of columns devoted to the City's races on the ballot. Results Transmission and Accumulation. The County has invested a significant amount of resources in equipment that allows the M100 Optical Scan tabulators to electronically transmit election results via wireless technology from each polling place to a central location and for those results to be accumulated and posted on the County's website. There is also a significant operational cost associated with each use of this transmission and accumulation process. For Cities with a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the even-numbered years, the County will provide results transmission and accumulation of results of City races in the primary and general election at no cost to the City. For Cities with a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the odd-numbered years, upon written request by the city, the County will perform the electronic transmission and accumulation of Page 4 of 7 -3455- results of City races in the primary and general election, at a cost of $100 per polling place for the primary, and $100 per polling place for the general election. The County will not perform the electronic transmission and accumulation of votes cast in any other City elections. 7.1 7.2 7.3 7.4 7.5 Section 7 OTHER TERMS AND CONDITIONS No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Entire Agreement. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. No Warranty. The City agrees that the County is furnishing the Election and AVT Equipment on an "as is" basis, without representation or any express or implied warranties, other than those provided by ES&S, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Election and AVT Equipment. The City's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Election and/or AVl' Equipment for the purposes stated herein shall be the right to terminate this agreement Page 5 of 7 -3456- The County does not warrant that the Election and/or AVT Equipment will be error free. The County disclaims any other warranties, express or implied, respecting this agreement or the Election or AVT Equipment. 7.6 7.7 7.8 In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County and the City agree each will be responsible for their own acts and omissions under this Agreement and the results thereof and shall to the extent authorized by law defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement constitutes a waiver by the City or County of any statutory or common law defenses, immunities, or limits on liability. Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the City: City of Mound 5341 Maywood Road Mound, MN 55364 To the County: Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233' Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A-600 Government Center (060) Minneapolis, MN 55487-0060 Audit Provision. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force Page 6 of 7 -3457- 7.9 7.10 7.11 and effect during the period of the contract and for six (6) years after its termination or cancellation. Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the City and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. Authority. The person or persons executing this Lease Agreement on behalf of the City and County represent that they are duly authorized to execute this Lease Agreement on behalf of the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. Page 7 of 7 -3458- Agreement No. A052264 COUNTY BOARD APPROVAL CITY OF MOUND, having signed this contract, and the Hennepin County Board of Commissioners having duly approved this contract on the __ day of ,2006, and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Reviewed by the County Attorney's Office: Assistant County Attorney Date: COUNTY OF HENNEPIN: STATE OF MINNESOTA By: Chair of Its County Board And: Assistant/County Administrator ATTEST: Deputy/Clerk of County Board THE CITY OF MOUND Reviewed by the City Attorney: By: Mayor City Attorney Date: -3459- ELECTION SYSTEMS & SOFTWARE, INC. POST WARRANTY HARDWARE MAINTENANCE SERVICE AGREEMENT THIS HARDWARE MAINTENANCE SERVICE AGREEMENT ("Agreement") is made effective as of the date set forth below, by and between Election Systems & Software, Inc., a Delaware corporation ("ES&S") and Hennepin County, MN ("Customer"). RECITALS: ES&S has sold to Customer the proprietary voter tabulation equipment described on Attachment 1 (the "Hardware"), and Customer now desires to obtain preventative and remedial maintenance services for the Hardware. B. ES&S has agreed to provide such services, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals (which are specifically incorporated herein by this reference) and the mutual representations, warranties, covenants and agreements set forth below, the parties hereby agree as follows: 1. Term; Termination. This Agreement shall be in effect for a one-year period beginning on July 1, 2005 (the "Hardware Maintenance Term"). The Hardware Maintenance Term shall automatically renew for an unlimited number of successive one year periods until this Agreement is terminated by the first to occur of (a) Customer's election to terminate it at any time without cause, which shall be given at least sixty (60) days prior to the termination date, (b) the date which is thirty (30) days after either party notifies the other that it has materially breached this Agreement, if the breaching party fails to cure such breach (except for a breach pursuant to subsection (c), which will require no notice), or (c) the date which is thirty (30) days after Customer fails to pay any amount due to ES&S under this Agreement. The termination of this Agreement shall not relieve Customer of its liability to pay any amounts due to ES&S hereunder and shall not entitle Customer to a refund of any fees already paid to ES&S. 2. Services. Subject to the terms and conditions of this Agreement, ES&S shall provide to Customer the Routine Maintenance Services and Remedial Maintenance Services described in Section 3 with respect to the Hardware (collectively the "Hardware Maintenance Services"). 3. Maintenance Services. Hardware Maintenance Services shall be subject to the following terms and conditions: a. Inspection. If Customer has not received maintenance services from ES&S for any item of Hardware during the 12 months immediately preceding the effective date of this Agreement, ES&S may require Customer to allow it to inspect such Hardware before it provides any Hardware Maintenance Services therefor. The purpose of such inspection shall be to determine whether or not the item of Hardware is fit for the ordinary purpose for which it is to be used, normal wear and tear excepted ("Normal Working Condition"). The cost of such inspection will be at the current published ES&S rate and shall be due from Customer within 30 days of its receipt of ES&S' invoice therefor. If such item is not in Normal Working Condition, ES&S, at the option of Customer, (i) shall provide such repairs and replacements as it deems reasonable and necessary to restore such item to Normal Working Condition, at Customer's expense with respect to the cost of any parts used in such repairs or replacements and with respect to ES&S' Out-Of- Pocket Expenses, or (ii) shall not provide any Hardware Maintenance Services with respect to such item of Hardware. For purposes of this Agreement, "Out-Of-Pocket Expenses" shall mean all travel, meal and lodging expenses incurred by ES&S employees or authorized representatives ("ES&S Representatives") who are required to travel to Customer's Designated Location to provide services. -3460- b. Routine Maintenance Services. An ES&S Representative shall provide such services as may be necessary to keep the Hardware in Normal Working Condition ('Routine Maintenance Services") once each 12 months during the Hardware Maintenance Term or any renewal thereof. Customer may request that Routine Maintenance Services be performed more than once during any such 12-month period. Any such request shall be made at least 60 days before the Routine Maintenance Services are desired. The per-unit fee for such additional Routine Maintenance Services is set forth on Attachment 1 and shall be due within 30 days after invoice date. Routine Maintenance Services shall include cleaning, lubrication and calibration services. At the request of Customer, ES&S shall provide a reasonably detailed record of all Routine Maintenance Services performed with respect to the Hardware. ES&S will schedule the Routine Maintenance Services with Customer. The Routine Maintenance Services will be provided either at Customer's Designated Location or at an ES&S-designated depot facility ("Depot"), as elected by Customer on Attachment 1. Customer shall pay all costs associated with shipping Hardware to a Depot, including insurance. c. Remedial Maintenance Services. i. Defects Under Normal Use and Service. If a defect or malfunction occurs in any item of Hardware while it is under normal use and service, Customer shall promptly notify ES&S; and ES&S shall use reasonable efforts to restore the item to Normal Working Condition as soon as practicable. The services provided by ES&S pursuant to this Subsection 3(c)(i) are referred to herein as "Remedial Maintenance Services". ES&S shall provide the Remedial Maintenance Services at the designated locations on Exhibit 1. Customer is not responsible for costs associated with Remedial Services provided by ES&S pursuant to subsection 3(c)(i) unless they constitute Emergency Remedial Services pursuant to 3(c)(iii).,.~ ~*~ ~.v.,r~"""+' ,.~..,,~,~..,~.,v.,~, ~.,,~..~.~,, ......... ,~.~+.,,~. ,,~ equipment :hall ~ ...... ;~ ~+ ~"-* .... '~ ~-;~-~*~ ' ~-~+;~- Customer acknowl~ges that the Hardware identified on Affachment 1 as "depot repair only" may only be repaired at a Depot. ii. Defects Due to Customer Actions or Omissions, If a defect or malfunction occurs in any item of Hardware due to (1) repairs, changes, modifications or alterations to such Hardware which are not authorized or approved by ES&S, (2) accident, theft, vandalism, neglect, abuse or use which is not in accordance with instructions or specifications furnished by ES&S or (3) causes beyond the reasonable control of ES&S or Customer, including natural disaster, fire, flood, unusually severe weather or Acts of God, or if Customer does not notify ES&S within 24 hours after it knows of the defect or malfunction or is otherwise not in compliance with its obligations hereunder, Customer shall pay ES&S for the Remedial Maintenance Services at ES&S' then-current rates, as well as for the cost of all parts used in connection with such Remedial Maintenance Services. iii. Timing. The date(s) on which any Remedial Maintenance Services shall be provided shall be mutually agreed upon by ES&S and Customer. If Customer requires ES&S to provide "emergency" Remedial Maintenance Services (which shall be defined as Remedial Maintenance Services which are provided within 48 hours after Customer notifies ES&S of the need therefor), and such emergency Remedial Maintenance Services are not needed as a result of an action, error or omission by ES&S, Customer shall pay a surcharge, as set forth on Attachment 1. iv. Loaner Unit. At Customer's request, ES&S shall use reasonable efforts to promptly make Hardware available to Customer which is the same as, or substantially Page 2 of 5 -3461 - similar to, the item of Hardware for which Remedial Maintenance Services are being performed (a "Loaner Unit"). If the Remedial Maintenance Services are being performed pursuant to Subsection 3(c)(ii) above, Customer shall pay ES&S for the use of the Loaner Unit at ES&S' then-current rates including the cost of shipping. If the Remedial Maintenance Services are being performed pursuant to subsection 3(c)(I), customer is not responsible for the costs for the use of the loaner unit. d. Exclusions. ES&S has no obligation under this Agreement to (i) repair or replace Hardware components which are consumed in the normal course of operating the Hardware, including printer ribbons, paper rolls, batteries, removable memory packs, cancellation stamps, ink pads or red stripe pens, or (ii) repair any item of Hardware from which the serial number has been removed or altered. In addition, ES&S may, at any time in its discretion, determine that any item of Hardware is no longer fit for Hardware Maintenance Services because it is in such poor condition that it cannot practically be restored to Normal Working Condition, or cannot be restored to Normal Working Condition at an expense which is less than the then- current value of such item. If such a determination is made, ES&S shall no longer be required to provide Hardware Maintenance Services for such item of Hardware. ES&S shall also refund to Customer an amount equal to (1) that portion of the most recent fee paid for Hardware Maintenance Services which is attributable to such item of Hardware, multiplied by (2) a fraction, the numerator of which is the remaining number of days in the Hardware Maintenance Term or renewal period for which such fee was paid and the denominator of which is the total number of days in such Hardware Maintenance Term. e. Sole Provider; Access. Customer shall not permit any individual other than an ES&S Representative to provide maintenance or repairs with respect to the Hardware for so long as a Hardware Maintenance Term is in effect. Customer shall provide ES&S Representatives with all information necessary to enable them to provide Hardware Maintenance Services. Customer shall likewise provide full access to the Hardware and adequate working space for all Hardware Maintenance Services performed at its Designated Location, including sufficient heat, lights, ventilation, electric current and outlets. f. Stora.qe. Customer shall properly store the Hardware when it is not in use. 4. Fees. In consideration for ES&S' agreement to provide Hardware Maintenance Services under this Agreement, Customer shall pay to ES&S a fee for the initial Hardware Maintenance Term and each renewal period. Such fee shall be in addition to any fees or charges separately referred to in any Section of this Agreement. The fee for the initial Hardware Maintenance Term is set forth on .Attachment I and is due on the effective date of this Agreement. ES&S may increase the fee for a renewal period by not more than 3% 69/0 of the amount of the most recent fee paid by Customer. The fee for any renewal period shall be due and payable no later than thirty (30) days prior to the beginning of such renewal period. 5. Taxes; Interest. Customer will provide ES&S with proof of its tax-exempt status. If Customer does not provide such proof, it shall pay, or shall reimburse ES&S for, all sales and use, excise or other similar taxes imposed on the transactions contemplated by this Agreement, but shall in no event be liable for taxes imposed on or measured by ES&S' income. If Customer disputes the applicability of any tax to be paid pursuant to this Section 5, it shall pay the tax and may thereafter seek a refund. Any disputed or undisputed payment which is past due to ES&S will bear interest at the rate of one and one- half percent per month (or such lesser amount as may be permitted by applicable law) for each month or portion thereof during which it remains unpaid. 6. Limitation of Liability. Neither party will be liable for any indirect, incidental, punitive, exemplary, special or consequential damages of any kind whatsoever arising out of or relating to this Agreement. Any action by Customer against ES&S shall be commenced within 1 year after the cause of action has accrued. ES&S will not be liable under this Agreement for any claim, damage, loss, judgment, Page 3 of 5 -3462- penalty, cost, amount paid in settlement or fee which is caused by Customer's election not to receive, or to terminate, the Hardware Maintenance Services. 7. Excusable Nonperformance. If ES&S is delayed or prevented from performing its obligations under this Agreement due to any cause beyond its reasonable control, including, but not limited to, natural disaster, fire, flood, unusually severe weather, terrorism, insurrection, war, communications or transportation disruptions, Acts of God, labor disputes and governmental regulations, the delay shall be excused during the continuance of, and to the extent of, such cause, and the period of performance shall be extended to the extent necessary to allow performance after the cause of delay has been removed. ES&S agrees to work with Customer, at Customer's request, to develop mutually agreeable alternatives in order to minimize the negative impact of any such delay. 8. Notice. Any notice or other communication required or permitted hereunder shall be in writing, and will be deemed given when delivered personally, sent by confirmed facsimile transmission, sent by commercial overnight courier (with written verification of receipt) or sent by registered or certified mail, return receipt requested, postage prepaid, when the return receipt is received. All communications shall be sent to the attention of the persons listed on the signature page to this Agreement and at the addresses or facsimile numbers set forth on such signature page unless other names, addresses or fax numbers are provided by either or both parties in accordance herewith. 9. Entire A.qreement. This Agreement, including Attachment 1 (which is specifically incorporated herein by this reference), contains the entire agreement of the parties with respect to the subject matter hereof and supersedes and replaces any and all other prior or contemporaneous discussions, negotiations, agreements or understandings between the parties, whether written or oral, regarding the subject matter hereof. Any provision of any purchase order, form or other agreement which conflicts with or is in addition to the provisions of this Agreement shall be of no force or effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflicts of laws principles. Except in the case of a sale, transfer or assignment of all or substantially all of the assets of ES&S to a successor who has asserted its intent to continue the business of ES&S, neither party may assign or transfer this Agreement without the prior written consent of the other party hereto, such consent not to be unreasonably withheld or conditioned, nor unduly delayed. ES&S may engage duly qualified subcontractors to perform certain of the Hardware Maintenance Services, but shall remain fully responsible for such performance. 10. Counterparts; Execution By Facsimile. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The parties may execute this Agreement and exchange counterparts of the signature pages by means of facsimile transmission, and the receipt of such executed counterparts by facsimile transmission shall be binding on the parties. Following such exchange, the parties shall promptly exchange original versions of such signature pages. IN WITNESS WHEREOF, this Agreement has been executed effective as of the date it is signed by the last of the parties hereto. ELECTION SYSTEMS & SOFTWARE, INC. 11208 John Gait Boulevard Omaha, NE 68137 Fax No.: (402) 970-1276 HENNEPIN COUNTY, MINNESOTA Elections - A600 300 South 6th St Minneapolis, MN 55487 Signature Name (Printed or Typed) Signature Name (Printed or Typed) Page 4 of 5 -3463- Title Title Date Date Page 5 of 5 -3464- Attachment 1 DESCRIPTION OF HARDWARE Quantity Description Maintenance Fee Per Maintenance Unit Fee In Total 550 M100 $128.00 $70,400.00 (Billed $64.00 every 6 months per unit) Total Fees Due For Term ~ $70,400.00 Per-Unit Fees if Customer requests more than one Routine Maintenance visit in a year. Description Fee Per Unit MI00 $70.40 Surcharge for Emergency Remedial Maintenance Services: Description Fee Per Unit M100 $110.00 Location of Services: _X_Customer's Designated Location Depot Page 6 of 5 -3465- CITY OF MOUND RESOLUTION NO. 05- RESOLUTION APPROVING A PREMISES PERMIT APPLICATION FOR GAMBLING AT DAILEY'S PUB WHEREAS, the Mohawk Jaycees of Westonka has submitted a Premises Permit Application for gambling, abiding by the laws of Minnesota governing lawful and rules of the Gambling Control Board; and WHEREAS, the local government must adopt a resolution specifically approving or denying said application; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby approves a Premises Permit Application submitted by the Mohawk Jaycees of Westonka, for Dailey's Pub, for submission to the Gambling Control Board. Adopted by the City Council this 13th day of December, 2005. Attest: Bonnie Rifler, City Clerk Mayor Pat Meisel -3466- 5341 Maywood Road Mound, MN 55364 (952) 472-0604 MEMORANDUM To: From: Date: Subject: Honorable Mayor and City Council Community Development Director Sarah Smith December 7, 2005 Proposed Ordinance Amendment-Land Use Fees For review and consideration, Staff is recommending amendments to City Code 380 which regulates land use fees. As the City Council may recall, land use and other related fees are required by state statute to be adopted by ordinance. The most notable of the proposed amendment(s) involves a new provision to require the payment of outstanding escrow balances for a property prior to the submittal of a new application and a proposed increase regarding the required escrow deposit. Members of the Council are advised that this deposit is used to offset consultant costs associated with land use applications and to avoid the City from having to cover these costs and seek reimbursement. Additionally, Staff has a proposed a reduction in the application fee for informal site plan review and an increased hourly charge for planning and engineering staff (in excess of three (3) hours) from $60.00 to $75.00 to reflect actual costs. Additionally, a proposed revision has been prepared to require the submittal of an escrow deposit for street vacation request in the amount of $1000.00. The proposed revisions have been prepared in strikeout/underlined form so as to allow for review by City Council. -3467- CITY OF MOUND ORDINANCE NO. -2005 AN ORDINANCE AMENDING SECTION 380 TO THE MOUND CITY CODE AS IT RELATES TO ESTABLISHING LAND USE FEES FOR THE CITY OF MOUND The City of Mound does ordain: Subsection 380.35, Land Use Administration Fees, is hereby amended to read as follows: 380.35 Land Use Administration Fees (staff reports, meetings, etc.) Property File Research Admin. Fee (non-owners) $15.00 Zoning Letter $25.00 Building Permit Deposit (to cover staff review time/non-pickup) Minor Projects (Value less than $1,000) Major Projects (Value more than $1,000) Land Use Application Fee - City Staff 1 to 3 hours More than 3 hours ~n nn Unauthorized Construction/No Permit Issued $100.00 $500.00 No Charge $75.00/hr. Double Bldg Permit Fee Subd. 1. Land Use Application Outstanding Balances 1. Any and/or all outstanding balances from an applicant must be paid before a new land application from that applicant will be accepted and deemed to be complete. 2. Any and/or all outstanding balances from a previous applicant seekinq the same type of approvals involving the same parcel must be paid before the new application will be accepted and deemed complete. Subsection 380.40, Subdivision and Zoning Fees, is hereby amended to read as follows: 380.40 Subdivision & Zoning Fees 330.10 Waiver of Platting Fee $200 Waiver of Platting Escrow $500 $750 330.10 Subdivision Exemption Application Fee $200 330.10 Subdivision Exemption Escrow $500 $750 330.10 Dock Parcel Subd. Application Fee $200 330.10 Dock Parcel Subd. EScrow $500 $750 330.10 Boundary Adjustment Application Fee $100 330.10 Boundary Adjustment Escrow $500 $750 350.435 Membrane Structure Permit $ 50 350.475 Fence Permit $55 350.530 Zoning Variance $200 Variance escrow $500 $750 -3468- 350.525 350.755 375:10 300.15 350.1100 350.520 Conditional Use Permit CUP escrow Vacation Vacation escrow Stormwater Permit Stormwater escrow Floodplain Alteration Permit Floodplain Alteration escrow Wetlands Permit Zoning Amendment' Rezoning escrow Planned Unit Development Site Plan Review Commercial Site Plan Review Escrow Preliminary Plat Final Plat Minor Subdivision: Lot split Per 10t over 2 lots Park Dedication Fee- minor Park Dedication Fee - major 350.1400 365.05 375.00 375.00 Escrow deposit .... "".-'"; ""'"' minor "" ' '"~" t"' "9' "~t"l~ · Escrow deposit - ~ major Adult Establishment License Fee Police Dept. background check Sign Permit: Sign alteration fee: Structural alteration, up to the Ist $1,000 Erosion Control Const. Escrow Deposit Erosion Control Site Inspection Fee 492.00 493.OO Temporary Sign Permit Containers in Right-of-Way Portable Storage Container Passed by the City Council this 13th day of December, 2005. (per $350 · cnn $750 $350 $1,000 $300 $50o $750 $3oo · ~nn $750 $35O $35O · ~nn $750 $1,700 · ~n $200 · ~nn $750 $350+$15/Iot $350+$15/Iot $250 $15 $1,100/Iot $1,100/lot or 10 percent of land market value, whichever is greater $1,000 $5,000 $2,000 $65/hr. $1oo .$50 $500.00 $7O.OO inspe~ion) $25 $5O $5O Attest: Bonnie Ritter, City Clerk Published in The Laker the of ,2005. Mayor Pat Meisel Effective on the w day of ,2005 -3469- 5341 Maywood ROad Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Subject: Honorable Major and City Council Carlton Moore~ Director of Public Works December 12, 2005 Request authorization to execute agreement with Kodet Architectural Group, Ltd. for Parks and Public Works space needs study. As part of the City's long-range planning the Council authorized the solicitation of proposals from architectural firms to conduct a space needs study for the Parks and Public Works facility needs. In response staff sent out requests for proposals to twelve architectural firms and received six responses. City staff then interviewed four firms and has selected Kodet Architectural Group, Ltd as the preferred firm. Kodet has completed similar space needs studies for many metro area communities and comes with very good recommendations from those communities. The cost of the study is $12,000 and is anticipated to be completed in about three months. At the completion of the study they will make a formal presentation to the City Council of their findings. Recommendation Staff recommends the City Council authorize execution of an agreement with Kodet Architectural Group, Ltd to complete the space needs study for the Parks and Public Works. -3470- Draft 10-26-05 FUNDING AGREEMENT MOUND HARBOR RENAISSANCE PROJECT STORMWATER BEST MANAGEMENT PRACTICES Hennepin County, Minnesota Minnehaha Creek Watershed District, City of Mound and Mound Harbor Renaissance Development, LLC This Agreement is entered into by and among the Minnehaha Creek Watershed District, a political subdivision of the State of Minnesota with powers set forth at Minnesota Statutes Chapters 103B and 103D ("MCWD"); the City of Mound, a statutory city and political subdivision of the State of Minnesota ("City"); and Mound Harbor Renaissance Development, LLC ("MHRD"), a limited liability company (together, the "parties"). The purpose of the Agreement is to provide for MCWD reimbursement to the City for amounts paid by the City to MHRD to defray the cost of an innovative stormwater management approach to be implemented by the MHRD in connection with the Mound Harbor Renaissance project. The amount of funding contributed by the MCWD corresponds to the additional water quality, aquatic ecosystem and demonstration benefits that the innovative approach will provide as compared with the level of stormwater management required simply for the project to meet federal, state and local laws and permits. The MHRD intends to construct the project in phases. This Agreement applies to Phase I of the project, the Lost Lake Phase. 1. Stormwater FaciliW Design and Construction MHRD will design and construct stormwater facilities in accordance with the "Construction Documents -- Mound Harbor Renaissance" (9/15/05) and "Project Manual -- Villas on Lost Lake" (9-05) and any changes to these plans and specifications approved in writing by the parties (the "Facilities"). Each party holds a copy of these plans and specifications, which will be maintained at the City offices for five years from the date construction of the Facilities ceases, or the date construction is certified as complete by the MHRD or its project manager, whichever is later. MHRD will give the MCWD reasonable notice of pre-construction and construction meetings concerning the Facilities. The MCWD and its authorized representatives may attend these meetings, inspect the Facilities at all reasonable times, and review all related documentation. 2. Funding The City will invoice the MCWD for reimbursement up to amounts and at milestones identified in Exhibit A, attached to and incorporated into this Agreement. An invoice will be accompanied by the documentation prescribed in the Project Manual and such other documentation as the MCWD reasonably may request. The MCWD will make JBD-266424v2 MU195-t5 -3471 - Draft 10-26-05 paymem for work conforming to the plans and specifications within 30 days of receipt of a complying invoice. The MCWD has determined that partial performance of obligations under paragraph 1 of this Agreement may confer no or limited benefit on the MCWD. As a result, if all four elements of Phase I as identified in Exhibit A, including the establishment of vegetation where specified, are not completed in accordance with the plans and specifications by September 30, 2007, the MCWD may obtain from the City a reimbursement of any and all funds disbursed pursuant to this Agreement. Notwithstanding, the MCWD may not have this remedy for any period after September 30, 2007 during which the failure to complete is not reasonably avoidable by the City, MHRD or those under their control, provided the work is completed by September 30, 2008. The parties will consult in good faith before the MCWD makes a demand for reimbursement. MHRD shall maintain all project records concerning the Facilities for five years from the date construction of the Facilities ceases, or the date construction is certified as complete by the MHRD or its project manager, whichever is later. The MCWD may examine, audit, and copy any such records. 3. Operation and Maintenance of Facilities Exhibit B, a declaration of covenants providing for operation and maintenance of the Facilities, is attached and incorporated herein. Exhibit B reflects that a portion of the Facilities will be on land owned in fee by the MHRD and a portion will be on land owned in fee by the City. The MHRD and the City will execute and record Exhibit B, or an instrument materially conforming thereto, with the Hennepin County recorder's or registrar's office to establish operation and maintenance responsibilities that run with the land. 4. MCWD Permitting The Mound Harbor Redevelopment project, Phase I, is subject to all applicable MCWD permit requirements. 5. Irrevocable License. Within 30 days after this Agreement takes effect, the parties will execute, and the MHRD and City will record a license materially conforming to Exhibit C, attached hereto and incorporated herein, allowing the MCWD and its authorized representatives to install, repair, maintain, remove and replace in the areas shown in Exhibit C temporary or permanent (a) educational signage and (b) equipment to monitor performance of the Facilities. The MCWD and fee owner will cooperate to determine the location(s) of signage and equipment, and reasonable public access to signage, to meet MCWD purposes while avoiding material interference with the ordinary use of the property. Each license will bear a warranty that it is effective for its purposes as against prior encumbrances; will be perpetual and, except on terms specifically stated in Exhibit C, irrevocable; will be recorded by the fee owner; and will bind the owner, all successors in title and all subsequent recorded encumbrances. JBD-266424v2 MU195-15 -3472- Draft 10-26-05 6. Independent Relationship. The MCWD's role under this Agreement is solely to provide funds to support the installation, and the dissemination of knowledge about, innovative approaches to stormwater management. The MCWD has no authority to select, or role in selecting, the design, means, method or manner of performing any work or the person or firm who will perform the work. No employee, representative, contractor or consultant of any party to this Agreement acts in any respect as the agent or representative of any other party. This Agreement is not a joint powers agreement under Minnesota Statutes §471.59. Any right to review or approve a design, work in progress or constructed facility under this Agreement by the MCWD or its agent, representative or consultant is solely for the MCWD's own purpose of accounting for funds expended. 7. Remedies; Immunities. No action or inaction of the MCWD under this Agreement creates a duty of care on the part of the MCWD for the benefit of the City, MHRD or any third party. Only contractual remedies are available to the City and MHRD for the MCWD's failure to fulfill the terms of this Agreement. Notwithstanding any other term of this Agreement, the MCWD and the City waive no immunities in tort. This Agreement creates no rights in and waives no immunities, defenses or liability limitations with respect to any third party. 8. Effective Date; Termination; Survival of Obligations The Agreement is effective when fully executed by all parties and expires five years thereafter. All obligations that have come into being before expiration, specifically including but not limited to obligations under paragraphs 3 and 5, shall survive expirationl 9. Acknowledgment Any publicly distributed or displayed printed or electronic documents, other text display or public presentation concerning the Facilities shall properly acknowledge the funding and support of the MCWD. 10. Compliance with Laws The MHRD will comply with the laws and requirements of all federal, state, local and other governmental units in constructing Phase I of the project, and will procure all licenses, permits and other rights necessary to construct Phase I of the project. In constructing Phase I of the project, MHRD will ensure that no person is excluded from full employment rights or participation in or the benefits of any program, service or activity on the ground of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status or national origin; and no person who is protected by applicable federal or state laws, rules or regulations against discrimination otherwise will be subjected to discrimination. JBD-266424v2 MU195-15 -3473- Draft 10-26-05 11. Notices Any written communication required under this Agreement shall be addressed to the other parties as follows, except that any party may change its address for notice by so notifying the other parties in writing: To MCWD: Administrator Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven, MN 55391 To City: To MHRD: 12. Waiver A party's failure to insist on the strict performance of any obligation under this Agreement, or to exercise any option, remedy or right herein, will not waive or relinquish that party's right in the future to insist on strict performance of that or any other obligation. A party's waiver of a breach of an obligation of this Agreement will not be construed as a waiver of any subsequent breach of that or any other obligation. A waiver must be in writing and signed by the party. 13. Venue and Jurisdiction This Agreement shall be construed under and governed by the laws of the State of Minnesota. The appropriate venue and jurisdiction for any legal action hereunder shall be Hennepin County, Minnesota. IN WITNESS WHEREOF, intending to be legally bound, the parties hereto execute and deliver this Agreement. [signature blocks and notary acknowledgements] JBD-266424v2 MU195-15 -3474- EXHIBIT A INNOVATIVE STORM WATER STRATEGIES FUNDING CATEGORIES AND PAYMENT MILESTONES Innovative Storm MCWD Funding Payment Notes Water Strate¢¥ Requirement Milestones 1) Dry Creek $30,772 90% at 10% retainage is construction for the plantings completion, 10% after one year 2) Micro Pools $3,580 100% at No retainage construction necessary completion 3) Rain Gardens $61,841 90% at 10% retainage is (qty 5) and construction for the plantings associated completion, 10% boulder walls after one year 4) Enhanced site $114,000 100% at Granular sand infiltration completion throughout the site to enhance storage performance. Total $210,193 Payment schedule for items above is on or after the following dates: Ite~ Number Initial Payment After First Fina'i Payment Milestone 1- Dry Creek $27,695- June 2006 $3,077- June 2007 2- Micro Pools $3,580- June 2006 $0 3- Rain Gardens $55,657- June 2006 $6,184- June 2007 4- Enhanced Infiltration $114,000- November $0 2005 2005 Total - $114,000 2006 Total - $86,932 2007 Total = $9,261 Total = $210,193 -3475- EXHIBIT B VILLAS ON LOST LAKE INNOVATIVE STORM WATER STRATEGIES OPERATION, MAINTENANCE, INSPECTION AND REPORTING RERQUIREMENTS OF STORMWATER FAClTILIES Introduction, The storm water facilities in the Villas on Lost Lake have been designed as an integrated system to provide for optimum removal of phosphorus and other pollutants prior to the water entering Cooks Bay on Lake Minnetonka via the Lost Lake channel. The Villas on Lost Lake Home Owners Association (HOA) owns the system and along with the City of Mound is responsible for their operation, maintenance, inspections and reporting in accordance with the criteria noted below in perpetuity. Optimum performance of this system can be expected to last for many years if the procedures below are implemented; certain maintenance requirements and inspections are necessary to ensure the various components of the system retain their originally designed performance standards. As these standards degrade over time maintenance techniques can be completed to restore the system to its original condition; these maintenance requirements and inspections requirements are as noted below. Monitorin.q and Maintenance Activities. a. Storm Water Wetlands- Storm water wetlands require routine maintenance and careful observation of the system over time. Maintenance is required to remove any trash, debris and to repair any eroded side slopes. After construction, an as-built topographic survey of the wetland should be completed; in subsequent years the bottom sediment elevations should be recorded to monitor the sediment within the basin. When half of the as-built wet volume has been displaced with sediment, the basin should be excavated to its design depth. Annual inspection requi'rements include inspection of storm water pipes and side slope erosion to remove any accumulated trash and debris, and an annual vegetation survey/inspection to compare to the vegetative performance standards noted below and to note types and distribution of dominant wetland species, the presence and distribution of invasive wetland species, signs that the invasive species are replacing the planted wetland species and the percentage of unvegetated standing water excluding the deep water cells which are not suitable for emergent plant growth. b. Rain Gardens- Rain gardens require seasonal landscaping maintenance such as watering plants as needed during the growing season, watering plants during dry periods, re-mulching void areas -3476- dm as needed, treating diseased trees and shrubs as needed, inspection and repair of soils and eroded areas, removal of litter and debris monthly and removal of standing dead plant debris in the spring, adding additional mulch once per year, vigilant weeding, pruning shrubs for a neat appearance, and annual inspections for sediment trapped in the pretreatment area and in the garden itself. After construction, an infiltration test will be performed within each rain garden; in subsequent years monitoring, a rain garden must be repaired or maintained if it becomes clogged or its function is reduced below an acceptable level. The performance standard will be triggered when a 50% reduction of the original infiltration rate is reached or if the rain garden does not completely drain within 72 hours after inflow has ceased. The rain garden existing soil media shall then be excavated to a depth 12" below the level of visible sediment deposition and reconstructed per the project specifications. Another infiltration test shall be performed after reconstruction of the rain garden and if satisfactory, the vegetation shall be replanted or seeded according to the original plan. An annual vegetation survey shall be performed to compare to the vegetative performance standards noted below. Dry Greek- The dry creek also extends into the City property to the South of the HOA property, nevertheless the HOA is responsible for the maintenance of the entire dry creek system; maintenance requirements include removal of accumulated sediment, leaves, grass clippings and other debris in the dry creek (Note: If the clogging continues to occur it may be necessary to remove and replace the first layer of stone aggregate and filter fabric). As the area between the dry creek and the townhomes will be primarily sod, care should be taken so that grass clippings are not discharged into the dry creek while mowing. An annual vegetative survey to compare to the vegetative performance standards noted below shall be completed. Vegetative Performance Standards for Wetlands, Rain Gardens, and Dry Creeks- Year 1 ( First full growing season after construction): Seedlings of at least 4 native species shall be widely dispersed through the wetland, rain gardens, and dry creek; no areas of bare soil larger than 16 square feet shall exist. There shall be no more than 20% total coverage of exotic, non-native, or invasive vegetation (such as cattail) within each wetland, rain garden or dry creek. Year 2 (Second full growing season after construction): The wetland, rain garden, or dry creek shall contain at least 30% of all species in the specified seed mixture. No bare areas of soil larger than 9 square feet shall exist. There shall be no more than 20% total coverage of exotic, non-native or invasive vegetation within each wetland, rain garden, or dry creek. Subsequent years after Year 2: The wetlands, rain gardens and -3477- dry creek beds shall have a minimum of 50% cover of native., non- invasive vegetation and shall contain at least 40% of all species in the specified seed mix. No areas of bare soil larger that 4 square feet shall exist. There shall be less than 50% total coverage of exotic, non-native, or invasive vegetation within each wetland, rain garden, or dry creek. Maintenance and Reporting Responsibilities- The City of Mound is responsible for the maintenance of the storm water wetland ponds and will employ staff or a consultant to direct pond maintenance. The Villas on Lost Lake Home Owners Association is responsible for the maintenance of all other storm water management system components and will contract with a certified, licensed landscape contractor to complete the routine maintenance of the association property and the maintenance of the system components as noted above. The City of Mound will assist the HOA with annual technical inspections and reports by utilizing resident or consultant engineers and wetland experts; the HOA will reimburse the City of Mound for expenses necessary to complete the inspection and reporting requirements. Inspection reports will document findings, recommendations and actions taken as necessary. The frequency and depth of the inspections and reports will be as mutually agreed between the MCWD, the City of Mound, and the Villas on Lost Lake HOA. -3478- -3479- -3480- Exhibit C [maintain 3" top margin] LICENSE AGREEMENT THIS AGREEMENT made and entered into as of this ..... day of 2005, by and between THE CITY OF MOUND, MINNESOTA, a Minnesota municipal corporation (hereinafter referred to as "City"), MOUND HARBOR RENAISSANCE DEVELOPMENT, LLC, a Minnesota limited liability company (MHRD) (collectively, the City and MHRD are referred to as "Grantors") and the MINNEHAHA CREEK WATERSHED DISTRICT, a political subdivision of the State of Minnesota with powers set forth at Minnesota Statutes 103B and 103D (hereinafter referred to as MCWD). WITNESSETH: BACKGROUND The parties have entered into an agreement entitled Funding Agreement Mound Harbor Renaissance Project Stormwater Best Management Practices, dated (the "Funding Agreement") providing for the reimbursement by MCWD to the City for certain stormwater facilities constructed and maintained by Grantors subject to the conditions and requirements as fully set out in the Funding Agreement. The City and MHRD each own a portion of the land that together comprises all of the land that is the subject of this license (the "Licensed Premises") and is legally described as follows: [insert legal description] ARTICLE I - GRANT, TERM 1.1 LICENSED PREMISES. In consideration of the fees, covenants and agreements herein reserved and contained on the part of the MCWD to be performed, Grantors do hereby license to the MCWD the tract of land located at Mound, Minnesota and located on land depicted in the attached Exhibit A (hereinafter referred to as the "Licensed Premises"). 1.2 TERM. The term of this License shall commence on the date of the Funding Agreement and will terminate on the later of: (i) twenty years from the date of this Agreement; or (ii) the date on which the City or MHRD, with discretionary MCWD approval, puts into operation a replacement stormwater facility permitted by the City and MCWD in accordance with the standards in place at the time of construction of the JBD-266427v3 MU195-15 -3481 - replacement facility. Except as provided in this paragraph 1.2 and in Article Xl, this License shall be irrevocable. Grantors and the MCWD agree that the purposes of the license, including the advancement of innovative stormwater practices and public education about those practices, would be frustrated by a termination of the license other than on the occurrence of either condition stated above, and further that the MCWD's expenditures under the Funding Agreement are made in reliance on the representation of Grantors in this paragraph as to the duration of this license. ARTICLE II - USE OF LICENSED PREMISES 2.1 MCWD USE. During the term of this License, the Licensed Premises may be used only for the purposes of: (i) establishing, repairing, maintaining and replacing temporary or permanent non-obstructing educational signage; and (ii) installing and maintaining equipment to monitor performance of the Facilities. The location of signage and monitoring equipment shall be subject to Grantor approval, not to be unreasonably withheld. Entry rights under this License are supplemental to, and not in place of, such other rights as the MCWD may possess under statute or other law. 2.2 COSTS AND EXPENSES. The MCWD shall be responsible for the payment of all costs and expenses incurred in connection with the activities described in paragraph 2.1. ARTICLE III - LICENSE FEE 3.1 LICENSE FEE. The parties have determined that the MCWD's agreement to make payments to Grantors in accordance with the Funding Agreement is full and adequate consideration for this license. No further license fee will be charged the MCWD. ARTICLE IV - TAXES 4.1. TAXES. The MCWD shall not be responsible for the payment of any real estate taxes and installments on special assessments that are due and payable in any year with respect to the Licensed Premises. ARTICLE V * UTILITIES 5.1 CHARGES. The MCWD shall pay for all utility services furnished the MCWD for use on the Licensed Premises. JBD-266427v3 MU195-15 -3482- ARTICLE VI - MAINTENANCE AND REPAIRS 6.1 ACCEPTANCE OF LICENSED PREMISES. Following construction of the Facilities in accordance with the Funding Agreement, the MCWD's exercise of its rights under this License will be in accordance with the Licensed Premises AS IS and WHERE IS with all faults and defects. The preceding sentence does not affect Grantors' obligation to design, construct, maintain and repair the Facilities in accordance with the terms of the Funding Agreement. Maintenance of any items placed on the Licensed Premises by the MCWD under the terms of this License Agreement will be in accordance with the terms of this Agreement. ARTICLE Vll--[Blank] ARTICLE VIII ~ [Blank] ARTICLE IX - PUBLIC LIABILITY, INDEMNITY 9.] MCWD LIABILITY INSURANCE. The MCWD shall during the entire term hereof keep in full force a policy of liability insurance in amounts customarily carried by the MCWD for activities of the nature permitted hereunder. 9.2 INDEMNIFICATION. Each party shall indemnify, defend and hold harmless each other party, its officers, board or council members, employees and agents from any and all actions, causes of action, costs, damages and liabilities of any nature to the degree they are the result of an action or inaction by the first party, or its agent, employee or contractor that is a basis for liability in law or equity. This provision shall not be deemed as a waiver of any immunity, defense or statutory liability limit available to MHRD, the City or the MCWD. ARTICLE X - ASSIGNMENT AND SUBLICENSING ]0.1 NO ASSIGNMENT BY MCWD. The MCWD may not assign this License and/or sublicense the Licensed Premises, or any part thereof. Notwithstanding, the MCWD's rights and obligations under this License will pass to any successor water management entity. ARTICLE XI - REMEDIES ] ].l REMEDIES AVAILABLE AT LAW AND EQUITY. Each party may have any remedy available at law or equity for a violation of this License. Notwithstanding, this License creates no right to terminate the License except on occurrence of an event specifically set forth in paragraph 1.2, above. ARTICLE XII -[blank] SBD-266427v3 MU195-15 -3483- ARTICLE XIII - MISCELLANEOUS PROVISIONS 1 3.1 COVENANT OF QUIET ENJOYMENT. Except for routine repair, maintenance and reasonable use of the Licensed Premises, and replacement of Grantors' improvements located within the Licensed Premises, Grantors will not do anything that would interfere with the MCWD's authorized use of the Licensed Premises. 13.2 SURRENDER OF LICENSED PREMISES. At the expiration or termination of this License, the MCWD may remove from the Licensed Premises all signs and devices and all other property placed on the Licensed Premises by the MCWD. All such items not removed shall forfeit to and be deemed the exclusive property of Grantors. 3.3 ASSIGNMENT. The MCWD may not assign this License to a third party. 1 3.4 LIENS. The MCWD agrees not to suffer or allow any liens to be placed against the Licensed Premises as a result of the MCWD's activities during the term of this Agreement; including, without limitation any liens for labor or materials provided for any repair, maintenance, modification, alteration or construction of improvements placed on the Licensed Premises by the MCWD. 1 3.5 GRANTORS. Any reference in this License to Grantors shall mean the City or MHRD as to their individual portions of the Licensed Premises, and it is expressly understood that neither Grantor shall be responsible to the MCWD for any act or default of the terms of this License occurring with respect to the portions of the Licensed Premises that it does not own. This License shall run with the land and bind successors in interest of each Grantor until such time as it may be terminated in accordance with paragraph 1.2 above. At the time all of a Grantor's interest in the Licensed Premises has been transferred to a successor obligated to perform the obligations imposed by this License, the obligations of the Grantor under this License will terminate. 1 3.6 NO PROPERTY INTEREST. This instrument is not a lease and creates no landlord-tenant relationship, and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. Notwithstanding, this inStrument will be recorded by Grantors and may be rerecorded all to ensure that it binds Grantors' successors in interest until it terminates according to its terms, 13.7 GOVERNING LAW. The laws of the State of Minnesota will govern the validity and interpretation of this Agreement. 1 3.8 NOTICES. Any notice required under this License shall be deemed "given" upon hand delivery or three (3) days after prepaid posting in the U. S. Mail whichever shall first occur. Notices shall be delivered or addressed to the following addresses, which may be changed at any time by written notice to the other parties: Administrator, Minnehaha Creek Watershed District 1 8202 Minnetonka Boulevard Deephaven MN 55391 JBD-266427v3 MU195-15 -3484- [insert Mound address] Mound Harbor Renaissance Development, LLC 1 521 94th Lane Minneapolis MN 55449 Attention: Mr. David P. Newman, Chief Manager IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the day and year first above written. GRANTORS: THE CITY OF MOUND By: Pat Meisel Its: Mayor By: Kandis M. Hanson Its: City Manager MOUND HARBOR RENAISSANCE DEVELOPMENT, LLC. By: Its: GRANTEE: MINNEHAHA CREEK WATERSHED DISTRICT By: Its: STATE OF MINNESOTA COUNTY OF HENNEPIN SS.: The foregoing instrument was acknowledged before me this day of , 2005, by , the Mayor of the City of Mound, a Minnesota public corporation, on behalf of the corporation. Notary Public JBD-266427v3 MU195-15 -3485- STATE OF MINNESOTA COUNTY OF HENNEPIN SS,° The foregoing instrument was acknowledged before me this day of , 2005, by Kandis M. Hanson, the City Manager of the City of Mound, a Minnesota public corporation, on behalf of the corporation. Notary Public The foregoing instrument was acknowledged before me this day of ,2005, by the of Moun'd Harbor Renaissance Development, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public JBD-266427v3 MU195-15 -3486- STATEOF MINNESOTA COUNTY OF HENNEPIN SS.: The foregoing instrument was acknowledged before me this day of , 2005, by , the or the Minnehaha Creek Watershed District, a, a political subdivision under the laws of the State of Minnesota, on behalf of the political subdivision. Notary Public JBD- 198267v3 RC 160-4 -3487- EXHIBIT B [maintain 3" top margin] DECLARATION THIS DECLARATION ("Declaration") is made this ...... day of ............ 2005, by the City of Mound ("Mound") and Mound Harbor Renaissance Development (MHRD) (together, "Declarants") in favor of the Minnehaha Creek Watershed District (MCWD), a body with powers pursuant to Minnesota Statutes Chapters 103B and 103D. RECITALS WHEREAS, Declarant is the owner of real property within the City of Mound, Hennepin County, Minnesota, platted and legally described as: [legal description] (the "Property") and no one other than Declarant, [name additional parties executing declaration of Consent and Subordination], has any right, title or interest in the Property; and WHEREAS, Declarant desires to subject the Property to certain conditions and restrictions pursuant to the [date] Funding Agreement among Declarants and the MCWD, and Declarants desire severally to assume the obligations herein, the terms of which constitute the consideration for this Declaration; NOW, THEREFORE, Declarants make this Declaration and Declarant .......... hereby declares that this Declaration shall constitute covenants to run with the Property, and further declares that the Property shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives, and assigns. 1. Stormwater Facility Maintenance. The terms of this Declaration apply to the stormwater wetlands, rain gardens and dry creeks indicated on Attachment A and their associated facilities. -3488- 2. Terms of Maintenance. The following shall govern maintenance of the stormwater facilities: a. Introduction. The stormwater facilities are designed as an integrated system to provide for optimum removal of phosphorus and other pollutants before water enters Cooks Bay on Lake Minnetonka via the Lost Lake channel. Optimum performance of this system for many years can be expected if the procedures below are implemented. b. Storm Water Wetlands. (1) After construction, an as-built topographic survey of the wetland will be completed and provided to the MCWD. (2) In subsequent years, bottom sediment elevations will be recorded to monitor the sediment within the basin. When half of the as-built wet volume has been displaced with sediment, the basin will be excavated to its design depth. (3) Annual maintenance will be performed to remove any trash or debris and to repair eroded side slopes. (4) Vegetation will be surveyed annually to compare to vegetative performance standards noted below and note types and distribution of dominant wetland species, the presence and distribution of invasive wetland species, signs that invasive species are replacing planted wetland species and the percentage of unvegetated standing water excluding the deep water cells not suitable for emergent plant growth. Action will be taken to meet the performance standards. c. Rain Gardens. (1) Seasonal landscaping maintenance will be performed, including watering plants as needed during the growing season, watering plants during dry periods, vigilant weeding, pruning shrubs, re-mulching void areas as needed and at least annually, and treating diseased trees and shrubs as needed. (2) After construction, an infiltration test will be performed within each rain garden, and the results provided to the MCWD. Thereafter, the rain garden will be inspected at least annually for sediment trapped in the pretreatment area and in the garden itself. A rain garden must be repaired or maintenance performed if it becomes clogged, when a 50% reduction of the original infiltration rate is reached, or if the rain garden does not completely drain within 72 hours after inflow has ceased. Repair or maintenance will involve excavating existing soil media to a depth 12" below the level of visible sediment deposition and reconstructing per project specifications. Another infiltration test will be performed after -3489- reconstruction of the rain garden and if satisfactory, the vegetation shall be replanted or seeded according to the original plan. (3) Soils and eroded areas will be repaired pursuant to annual inspection. (4) Litter and debris will be removed monthly. Standing dead plant debris will be removed each spring. (5) Vegetation will be surveyed annually to compare to vegetative performance standards below. Action will be taken to meet the performance standards. d. Dry Creek. (1) Accumulated sediment, leaves, grass clippings and other debris in the dry creek will be removed annually. (2) If clogging occurs and continues despite the maintenance in the foregoing paragraph, the first layer of stone aggregate and filter fabric will be removed and replaced. (3) As the area between the dry creek and the townhomes will be primarily sod, care should be taken so that grass clippings are not discharged into the dry creek while mowing. (4) Vegetation will be surveyed annually to compare to vegetative performance standards below. Action will be taken to meet the performance standards. e. Vegetative Performance Standards for Wetlands, Rain Gardens, and Dry Creeks. (1) Year 1 (first full growing season after construction): Seedlings of at least 4 native species are widely dispersed through the wetland, rain gardens, and dry creek; no areas of bare soil larger than 16 square feet exist. There is no more than 20% total coverage of exotic, non-native, or invasive vegetation (such as cattail) within each wetland, rain garden or dry creek. (2) Year 2 (second full growing season after construction): The wetland, rain garden, or dry creek contains at least 30% of all species in the specified seed mixture. No bare areas of soil larger than 9 square feet exist. There is no more than 20% total coverage of exotic, non-native or invasive vegetation within each wetland, rain garden, or dry creek. (3) Subsequent years after Year 2: The wetlands, rain gardens and dry creek beds have a minimum of 50% cover of native, non-invasive vegetation and contain at least 40% of all species in the specified seed mix. No areas of bare soil larger that 4 square feet exist. There is less -3490- than 50% total coverage of exotic, non-native, or invasive vegetation within each wetland, rain garden, or dry creek. f. Reporting. Reports will be prepared for all inspections and submitted annually to the MCWD. Each report will document inspection date, findings, recommended actions and actions taken. Reporting frequency and content may be adjusted with written agreement of the MCWD. g. Maintenance Responsibilities. (1) The owner of the Property is responsible for all maintenance obligations except as noted following. The responsible party may enter into contracts or other arrangements for the required work, but will remain responsible to the MCWD for their performance. (2) Declarant MHRD is responsible for all obligations concerning the dry creeks. (3) Declarant Mound is responsible for all obligations concerning the stormwater wetland ponds, and through staff or a consultant will directly supervise any sediment removal. (4) Declarant MHRD and any successor in title to the MHRD, in performing its responsibilities under this Declaration, will contract with a certified, licensed landscape contractor for the routine maintenance described herein. Declarant Mound may assist the MHRD and any successor in title with annual technical inspections and reports by utilizing resident or consultant engineers and wetland experts, on such terms as Mound and the MHRD or its successor in title agree. (5) Where pursuant to this subsection 2(g) a party not the property owner bears a maintenance obligation, the property owner will provide access as needed to perform that obligation. 3. Recitals Incorporated. The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT CITY OF MOUND: By: [name and representative capacity] DECLARANT MOUND HARBOR RENAISSANCE DEVELOPMENT -3491 - By: [name and representative capacity] ACCEPTED: MINNEHAHA CREEK WATERSHED DISTRICT By: [name and representative capacity] -3492- STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ..... , 2005, by as day of of the This Instrument Was Drafted By: Notary Public -3493- CONSENT AND SUBORDINATION , a Minnesota corporation, the holder of a mortgage dated ....... [filed for record with the County Recorder] ...... County, Minnesota on , as Document No ........ hereby consents to the recording of the attached Declaration and agrees that its rights in the property affected by the Declaration shall be subordinated thereto. IN WITNESS WHEREOF ............ a Minnesota corporation, has caused this Consent and Subordination to be executed this ...... day of , 2005. By: Its: a Minnesota corporation [notary acknowledgement] -3494- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum To: Honorable Mayor and City Council From: Sarah Smith, Comm. Dev. Director/Cadton Moore, Public Works Director Date: December 7, 2005 Re: Conservation Easement - Lost Lake Remnant Parcel As the City Council may recall, as part of the DNR approval of the variance and aquatics permit associated with the Lost Lake Dredge Project, the preparation and execution of a conservation easement for the remnant portion of the subject property was required. A conservation easement (in substantial form) has been prepared by the City Attomey for review/approval by the City Council. Members of the Council are advised that a draft copy of the conservation easement have also been forwarded to the DNR and MCWD for review and comment. A draft resolution approving the conservation easement has been prepared. recommends approval of the document(s). Staff -3495- CITY OF MOUND RESOLUTION NO. 05- RESOLUTION APPROVING THE CONSERVATION EASEMENT FOR PRESERVATION OF CITY-OWNED REMNANT PARCEL IN LOST LAKE DISTRICT WHEREAS, by letter dated April 6, 2005 the Minnesota Department of Natural Resources (the "DNR") granted a variance to the City of Mound allowing it to remove 1.4 acres of cattails from Lost Lake. WHEREAS, the variance was subject to conditions contained in the letter including a requirement for the "establishment of a conservation easement or outlot to minimize the potential for new docks and related additional aquatic disturbances east of the proposed dock installation"; and WHEREAS, the City of Mound prepared an easement for conservation to limit and preclude the use, improvement and development of the Property as required by the DNR variance ("Conservation Easement"); and WHEREAS, the City of Mound is willing to grant the Conservation Easement in accordance with its terms. NOW THEREFORE BE IT RESOLVED, the City of Mound hereby approves the Conservation Easement for the City-owned remnant parcel in Lost Lake, which shall be subject to review and acceptance by the City Attorney, and authorizes the City Manager to execute said document, in substantially the form reviewed by the Council, on behalf of the City of Mound. The foregoing resolution was moved by Councilmember seconded by Councilmember and The following voted in the affirmative: The following voted in the negative: -3496- Adopted by the City Council this 13TM day of December Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -3497- CONSERVATION EASEMENT AGREEMENT THIS CONSERVATION EASEMENT AGREEMENT is made this __ day of , 2006, by and between the City of Mound, a Minnesota Municipal corporation, hereinafter referred to as "Grantor," and the RECITALS Grantor is the fee owner of property located in Hennepin County, Minnesota, legally described in attached Exhibit A ("Property"). By letter dated April 6, 2005 the Minnesota Deparmaent of Natural Resources (the "DNR") granted a variance to Grantor allowing it to remove 1.4 acres of cattails from Lost Lake. The variance was subject to conditions contained in the letter including a requirement for the "establishment of a conservation easement or outlot to minimize the potential for new docks and related additional aquatic disturbances east of the proposed dock installation". The Grantor has requested that the accept the grant of an easement for conservation to limit and preclude the use, improvement and development of the Property as required by the DNR variance ("Conservation Easement"). The Conservation Easement is over that portion of the Property legally described in attached Exhibit B ("Easement Area"). The Easement Area is shown on the site plan attached to this Agreement as Exhibit C. Grantor is willing to grant, and the __ is willing to accept, the Conservation Easement in accordance with the terms of this Conservation Easement Agreement. PROVISIONS In consideration of the mutual promises of the parties contained herein, the parties agree as follows: JBD-271783vl MU195-15 1 -3498- PROVISIONS In consideration of the mutual promises of the parties contained herein, the parties agree as follows: Grantor hereby grants and conveys to the __ the Conservation Easement in, under, on, over and across the Easement Area, and the hereby accepts such grant. The duration of this Conservation Easement is perpetual, subject to Minnesota law governing granting of easements to governmental bodies, and shall bind and inure to the benefit of the parties, their successors and assigns. 2. The following terms and conditions shall apply to the Easement Area: ao The Easement Area shall be preserved predominantly in its natural condition, except to the extent set forth below. Co No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Easement Area except as authorized by the prior written consent of the __., and upon the obtaining of any required licenses, approvals or permits. No earth, peat, gravel or soil or any other natural material or substance shall be moved or removed from the Easement Area and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Easement Area without the written consent of the __., and upon the obtaining of any required licenses, approvals or permits. eo No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Easement Area, and no waste, trash, garbage or other materials shall be placed, dumped or stored upon the Easement Area without the written consent of the __, and upon obtaining any required licenses, approvals or permits. acknowledges that the conditions contained in this paragraph 2 shall not be construed as to limit the ability of Grantor to maintain, repair, rebuild and service, including re dredging, of either the Lost Lake channel area, the transient dock area or the 37-slip multiple dock area or the repair, rebuilding and maintenance the pedestrian trails and lighting and landscaping, and the stormwater management system so as to maintain all such facilities to the extent that they have been permitted by previous actions of the and other regulatory agencies. Grantor acknowledges that such activities may require regulatory approvals. o With respect to the Easement Area, Grantor makes the following representations to the ao Grantor owns the Easement Area in fee simple, and has the full authority to encumber the Easement Area with this Conservation Easement. JBD-271783vl MU195-15 2 -3499- 4. The Grantor conveys to the __ the following rights: ao The may enter upon the Easement Area for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Easement Area without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Easement Area. The __ may bring an action in any court of competent jurisdiction against the Grantor to enforce the terms of this Easement Agreement; to require restoration of the Easement Area to its prior or more natural condition; to enjoin such non- compliance by temporary or permanent injunction and to recover any damages arising from such non-compliance. If a court determines that the Grantor has failed to comply with this Easement Agreement, Grantor or Grantor's successors or assigns shall reimburse the for any reasonable costs of enforcement, including costs of restoration, court costs and reasonable attorneys' fees, in addition to any other payments ordered by the court. This Conservation Easement is expressly subject to, and the Grantor hereby reserves unto itself, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Area. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation and maintenance of the Property and the Easement Area, except as to matters that are the result of intentional or negligent actions of the __ o Grantor agrees to indemnify, defend and hold harmless the , its officials, employees and agents, against any and all loss, costs, damage and expense, including reasonable attorneys' fees and costs that the incurs because of the breach of any of the above covenants and/or resulting from or due to Grantor's intentional misrepresentation of any material fact contained therein. The Grantor and the ~ agree that each shall be responsible for their own acts and the results of such acts and shall not be responsible for the act of the other party and the results of such acts. The Grantor and the __ agree that each will assume all risk and liability for itself, its officials, employees or agents for an injury to persons or property resulting in any manner from the conduct of its own operations and operations of its agents or employees under this Easement, and for any loss, costs, damage, or expense resulting at any time from failure to exercise proper precautions, of or by itself, its employees, officials or agents. This Conservation Easement Agreement may be amended only by mutual written agreement of the parties. The Grantor may not assign or transfer its interest in the Conservation Easement without the prior written consent of the Grantor. If so approved, this Conservation Easement is fully valid and enforceable by any assignee or successor of the __., whether assigned in whole or in part. JBD-271783v 1 MU195-15 -3500- 10. 11. 12. Grantor's obligations under this Conservation Easement Agreement terminate upon transfer of its interest in the Property, and passes to its successor in interest, provided that any liability of Grantor for acts or omissions occurring prior to the transfer shall survive the transfer. Grantor agrees that this Conservation Easement shall be referenced by the Grantor in any subsequent deed or other legal instrument by which the Grantor transfers all or any part of Grantor's interest in the Property, and that Grantor shall give the __ written notice of any such transfer within fifteen (15) days after closing. Any notice required in this Conservation Easement Agreement shall be sent by certified mail, return receipt requested, to the following addresses or such address as may be subsequently specified by notice in writing: Grantor IN WITNESS WltEREOF, the parties to this Conservation Easement Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR City of Mound By: Its Mayor By: Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this __ day of , 200 , by Pat Meisel and Kandis M. Hanson, the Mayor and City Manager, respectively, of the City of Mound, Minnesota, a Minnesota municipal corporation on behalf of the corporation. Notary Public JBD-271783vl MU195-15 4 -3501 - By: Its: By: Its: STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoinginstrument was acknowledged before me this__ 200 ,by and ofthe day of .,the and Notary Public This documem drafted by: Kennedy & Graven, Chartered (JBD) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 JBD-271783vl MU195-15 5 -3502- EXHIBIT A Property JBD-271783v 1 MU195-15 A-1 -3503- EXHIBIT B Easement Area The Conservation Easement is over that portion of the Property legally described as follows: [to be completed] JBD-271783vl MU195-15 B-1 -3504- EXHIBIT C Site Plan of the Property Showing the Easement Area JBD-271783vl MU195-15 C-1 -3505- April 6, 2005 Minnesota Department of Natural Resources 500 tak~yette Road · St. Paul, Mit ,' 55155-4037 Sarah J. Smith, Community Development Director City of Mound 5341 Maywood Road Mound, Minnesota 55364~I687 Dear Ms. Smith: This letter is a response to your request for review, as provided for in Minnesota Rules 6280.1100, subpart i, of the decision to deny your application for an aquatic plant management (APM) permit to remove 1.4 acres of'cattails from Lost Lake (27-180). We appreciate the time that you, the Mayor, Senator Olson, Representative Smith and others spent visiting with department staff on Monday, Apri[ 4th. It was helpful to meet directly and have the opportunity to gain a comprehensive understanding of the city's proposal. Request for an Appeal of the Permit Application Denial First, regarding your request to review the March 7 decision to deny the city's Aquatic Plant Management (APM) permit application, we have carefully reviewed your request and support the decision of the Central Region fisheries staff to deny the permit. We considered each of the points in your letter of March 23, 2005. Rather than address each point, we would like to briefly summarize the standmxt for our review and decision. Minnesota Rules, part 6280.0250, subpart 3 provides the justification that is required for issuing APM Permits: "Permits fbr the destruction of emergent, and floating-leaf aquatic macrophytes including wild rice, bulrush, cattail, water lilies, and other vegetation will not be issued unless the commissioner determines sufficient justification exists. The commissioner will balance the reasonable needs o~' riparian owners to gain access and use public water against the need to protect emergent and floating-leaf aquatic macrophytes so that the integrity and value of the aquatic macrophyte community is maintained." Our standard fbr reviewing permit applications to remove emergent vegetation is to assess whether the riparian landowner, the City of Mound, has reasonable access to the public water body along its shoreline. Because the city's property is along the shoreline of Lost Lake, our review is based on whether the city has reasonable access to Lost Lake, not Lake Minnetortka. The official inventory of public waters identifies Lost Lake as a separate public water body (public water inventory number 27-180). We understand that the City of Mound believes it should have riparian access to Lake Minnctonka, but our standard is to assess whether the city has reasonable access to Lost Lake. It is our determination that reasonable access is already available to Lost Lake from the other public docking ['acilities along the city's shoreline and other A~i EQUAL OP~RTUNJlY EMPLOYER ~ PRI~tTED RAPER CO~TAI~ING A MINIMUM O~ t O% ~ST-CONSUM~R WAg ~ R[UCL[D -3506- Ms. Smith April 6, 2005 Page 2 open shoreline areas without the requested cattail removal. As a result, we uphold the Region's denial of the permit application. We appreciate the work that the city has done to minimize impacts by considering the concerns expressed by the Minnehaha Creek Watershed District and our department's field staff. Although the city has noted this and many other points in support of their request for an appeal of the Central Region's permit application decisk)n, we believe that the most important iooint is the one we have addressed above. Request for Consideration of a Permit Variance Second, regarding your request that the departmenl consider granting a variance, as allowed under Minnesota Rules 6280. I000, subpart I, the department will grant a variance for the reasons described below and contingent on the city's acceptance of ail prescribed mitigation conditions. The standard for granting a variance is as follows: "Provisions of this chapter (M.R. 6280) may be waived under special circumstances when deemed necessary by the commissioner for the protection and preservation of the natural resources of the state." The department recognizes the two arguments regarding special circumstances that the city makes for issuing a variance are reasonable points for considering the request. Specifically: I. The city's proposed stormwater treatment system will irnprove the water quality of Lost Lake. Most important, from the state's perspective, the proposed system appears to be an enhancement that goes above and beyond regulatory requirements; and 2. The former city dump on the proposed development site along the Lost Lake shoreline wilt be fully remediated by removing all contaminaled soils. Again, the city's remediation effort appears to be an enhancement that goes above and beyond regulatory requirements. The department considers these actions as justifiable masons to consider granting a variance. The variance, however, will be contingent on the city accepting several mitigation conditions. We believe these are essential components of the variance because of the very high value that the state places on emergent vegetation. '['he city argues that the state should take a holistic approach to considering their requesi for a variance because the stormwater improvements and landfil[ remediation will result in significant water quality improvements to Lost Lake, outweighing the negative impact of removing 1.4 acres Of cattail, tt is difficult however, to assess the relative positive impacts of the proposed stormwater system and the landfill remediation relative to the negative impacts of removing cattail vegetation. The cattails themselves are providing important ecological functions and are a natm'al filter thai cleans the runoff into Lost Lake before it enters Lake Minnetonka. in addition, -3507- Ms. Smith April 6, 2005 Page 3 it is our assessment that the most likely effect of removing cattails will be to provide more open water habitat fbr aquatic invasive species, most notably Eurasian water milfoil. In light o£these considerations the depart~nent wiU grant a variance for removing a net of 1.4 acres of ca,nils if the city agrees to the following mitigation: The state will require mitigation for the removal o£ 1.4 acres of cattails by requiring the City of Mound to provide adequate funds for a wetland restoration project, mutually agreed upon by the Minnehaha Creek Watershed District and the Department of Natural Resources, which replaces a minimum of 2.8 acres of wetland. We are basing our mitigation requirement on the premise that the state places mi extremely high value on emergent vegetation. As a result, the state has substantially limited the amount of cattails that applicants are allowed to remove to gain access to open water. Our standard permit limits the amount of emergent vegetation that can be removed to a 15-foot channel fi.om the shoreline to open water, rarely do our permits authorize more extensive removal and then by only a matter o£additional feet, not acres, To determine a reasonable estimate of the amount of mitigation that would be appropriate, thc state has used provisions of the Wetland Conservation Act for guidance. Minnesota Rules 8420.0546 and 8420.0549, require a minimum wetland replacement ratio of 2:1 in the metropolitan area. (i.e. ibr every acre lost at least two must be replaced). The ratio cm-~.be higher to replace lost wetland functions and values based on site-specific analysis. We ~mderstand that the City will attempt to revegetate 0.25 acres of the dredged wetland but the success of this effort is unknown as is its ultimate effectiveness in replacing the value of the lost cattails. If successful, it may still be some time before the lost values are replaced. Plus, as noted earlier, we believe that opening the cattail mat will provide more opportunities for infestation by aquatic invasive species. As a result, for the purposes of the proposed mitigation, the state is requiring that a minimum of 2.8 acres be restored. "['he department estimates that the cost to the city xvill be approximately $150,000 depending on the details of the final approved project. Private wetland bate owners who were contacted in He~mepin County' are selling replacement credits at a cost of approximately $43,560 per acre or SI/square foot. The variance to the aquatic plant management permit is contingent on final agreement of an approved wetland restoration pr~ect. 2. The variance will include provisions that the city offered in their March 23 letter as additional protection measures: · Successful revegetation of 0.25 acres of emergent vegetation along the east side of the docks; -3508- Ms. Smith April 6, 2005 Page 4 · Establishment cfa conservation easement or outlot to minimize the potential for new docks and related additional aquatic disturbance east of the proposed dock installation; and · Enhanced enforcement of the "no-wake" zone to minimize turbidity in cooperation with. the LMCD. The variance is contingent on the city providing additional details on how it will implement each of these measures. Should the city find these conditions for granting a variance acceptable, the department will work with you to expedite the agreement and subsequent issuance of the variance. If, however, the city does not find these conditions acceptable, under the provisions o1-' Mim~esota Rules 6280,1100 subp. 2, you may request, irt writing, a contested case hearing. If you do wish to request such. a hearing, please direct your written request to the Commissioner of the Department of Natural Resources. At the hearing, an independent administrative law judge would conduct a hearing on the question ot? wlmther the Department's permit denial should be affirmed based on Minnesota statutes and rules. After the hearing, the administrative law.judge makes a recommendation to the Commissioner o£Natural Resources. After receipt of the judge's recommendation, the Commissioner shall adopt, adopt with modification, or reject the recommendation. The manner in which the hearing is noticed and conducted is fbund in Minnesota Statutes, sections 14.47-62 (1996). Thank you again for meeting with our staffon Monday. I look forward to your response and the opporttmity to continue working with the city on its redevelopment plans. Please feel fi'ce to contact myself (651-296-2540) or Ms. Lee A. Pfannmuller, Director of Ecological Services (651- 296-0783; 1.ce.pfanmmtller~r/~/,.dm'.utate.mn.us) to let us know how the city would like to proceed. Sincerely, Mark Holsten Deputy Commissioner Lee Pfannmuller, DNR, Director of Ecological Serx, ices Ron Payer, DNR, Fisheries Chief Dirk Peterson, DNR, Regional Fisheries Manager Steve Enger, DNR, Aquatic Plant Management Supervisor Craig Engwall, DNR, Commissioner's Office Kandis [-lanson, City Manager Pat Me[scl, Mayor Carlton Moore, Director of Public Works and Engineering Chuck Alcon, MHR Jim Casserly, MHR Walter Rockenstein, MHR Senator Gert Olson Representative Steve Smith -3509- MOUND CITY COUNCIL MINUTES NOVEMBER 22, 2005 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 22, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, and John Beise. Members Absent: Councilmember David Osmek. Others Present:. City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlson Moore, City Engineer Frank Roos, Finance Director Gino Businaro, Liquor Store Manager John Colotti, Mary Sherman, Steve Sexton, Kathleen Arendt, Jake Jacobson, Jane Vanderwilt, Kathy Morrow, Tom Ptacek, John Hannigan, Karen and Jeff Boser, Steve and Deb Grand, Walter Baker, Bill and Cami Kuhbander, Bob Derner, Dennis Kelm, Roger Whaley, Erik Figenskau, James Fretham, EIIsworth Fretham, Sharon Hinde, Todd Shaw. Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeting Mayor Meisel opened the meeting at 7:34 p.m. 2. Pledge of Allegiance 3. A~3r~rove A_qenda kandis requested the addition of 4F, Public Lands Permit for 2128 Centerview Lane, and the addition of 11.1, Law Enforcement Labor Service Agreement Meisel requested to remove item E from the consent agenda and Beise requested the removal of item C1 from the consent agenda. MOTION by specht, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. A. Approve minutes of November 8, 2005 regular meeting B. Approve payment of claims in the amount of $704,751.89. C. Approve Payment Requests 1. (removed) 1 -3510- Mound City Council Minutes - November 22, 2005 2. Payment Request No. 6 from Buffalo Bituminous in the amount of $131,254.80 for the 2005 Street Project. 3. Payment Request No. 1 from Chicago Bridge and Iron in the amount of $215,327.93 for the Cheatau Water Tower 4. Payment Request No. 4 from Yeit & Company in the amount of $206,826.40 for Lost Lake Dump Response Actions D, RESOLUTION NO'. 05-149: A RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 2308 FERNSlDE LANE. P&Z CASE No. 05-69. PID #13-1t7-24~t4-0040. E. (removed) F. RESOLUTION NO. 05-150: A RESOLUTION APPROVING A PUBLIC LANDS PERMIT TO ALLOW REMOVAL OF A SMALL WILLOW TREE ON THE CENTERVlEW COMMONS 4C(1). Payment Request No. 8 from Ma.qney Construction Beise questioned if we are on track with this project. It was approved in January and has been a very long running project. Carlton stated that the pumphouse has been on line and they had a number of issues with equipment. The contract is not finished and the work hasn't been accepted yet, and they are still on schedule. MOTION by Brown, seconded by Beise to approve Payment Request No. 8 from Magney Construction in the amount of $12,877.99 for the Well #8 Pumphouse. All voted in favor. Motion carried. 4E. Public Lands Permit- 5308 Three Points Blvd. - Construction of driveway turnaround, with portion in public. ROW Walter Baker, 5300 Three Points Blvd., appeared before the Council with regard to this request. He is the neighbor to the east of this property and expressed concern over drainage of the property. The property has recently been raised for construction of a new home and he feels that the drainage issue needs to be addressed before the public lands permit is approved. He also commented that the sketches submitted with the permit don't have any dimensions or elevations noted so it is unclear how drainage will be affected. MOTION by Brown, seconded by Specht to table this item until the first regular meeting in January, and remand the application to the Planning Commission for their recommendation. All voted in favor. Motion carried. Comments and suq_~estions from citizens present on any item not on the agenda. - None were offered. 2 -3511- Mound City Council Minutes - November 22, 2005 6. Public Hearings A. Hearinq on Municipal Liquor Store Harbor Wine and Spirits Liquor Store Manager John Colotti reviewed the operations of the liquor store stating that the liquor store operates for two reasons; to control the sale of alcohol in the community and to generate revenue for the City. He gave the history of the liquor store and its move to the new location in 2003, along with the change of name. He developed new marketing to upscale the atmosphere and create a positive image and established the new liquor store as a premier wine and spirits destination in the Mound/Westonka area. The challenges that have faced the liquor store are being in the first phase of development of Mound MarketPlace, along with the construction of CSAH 15 from April to November of 2004, and the opening of MGM Liquor in Spring Park. The construction greatly affected business and revenues. He reviewed and showed increases in customer count in 2005 since February, along with revenue overviews for 2003, 2004 and 2005 to date. Mayor Meisel opened the public hearing at 8:06 p.m. and stated that the public hearing is being held in accordance with state statute. Upon no public comment being offered, Mayor Meisel closed the public hearing at 8:07 p.m. MOTION by Beise, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-151: RESOLUTION REGARDING CONTINUATION OF MUNICIPAL LIQUOR STORE B. 2006 Street Reconstruction Proiect Improvement Hearinq Frank Roos of MFRA reviewed the feasibility study for the proposed 2006 Street Reconstruction Project. He reviewed the history of the street inventory and ratings and reviewed the preliminary project cost estimates and preliminary assessment estimates. Mayor Meisel opened the public hearing at 8:41 p.m. Deb Grand, 6023 Evergreen Road, asked how much the assessments were for a typical lot in the 2005 Project and was told that the 2006 estimates are about double what the final assessment was for the 2005 project. MFRA feels they are estimating high due to the recent fluctuation of oil prices, along with demand for materials for the hurricane relief down South, and that the lots in this year's project are larger than the lots in last year's project so the assessment per lot will be higher. Bob Shidla, 5975 Beachwood Road, asked for the definition of a typical lot and Meisel informed him that a lot is considered one unit for assessment purposes, regardless of its size. Shidla then asked about interest rate and Meisel informed him that the interest rate for the 2005 project was 8%, but that could change for the 2006 project. 3 -3512- Mound City Council Minutes - November 22, 2005 Mary Sherman, 5056 Wren Road, asked how a corner lot is assessed and Meisel informed her that if both abutting streets are on the project the lot will be assessed one unit. If just one street is being done it will be assessed % unit and the other % when the other abutting street is done. She asked about the end of Gull and Carlton Moore informed her that they were doing a small piece at the south end of Gull that wasn't done on previous projects. Previously it was patched by Public Works, and will be done now with the 2006 project. Sherman asked when the bids would be opened and considered and she was informed of this process. Cathy Morrow, 5896 Beachwood Road, asked about putting in more storm drains because her yard floods during heavy rain. Moore will look into this. Erik Figenskau, 3070 Highland Blvd., asked why all of Highland is not included in the project, and Moore explained that a portion of Highland is a Municipal State Aid Street and explained the procedure taken for improving streets with that designation. Figenstau asked if having the city pay 1/3 and a~ssessing 2/3 is a standard and was informed that each city sets its own assessment and an average city share is probably 25-35%. Figerskau also indicated that he also has an issue with rusty water. Allan Moran, 6155 Evergreen Road, asked why Evergreen couldn't be sealcoated like Westedge Blvd., instead of mill and overlay. Moore explained that Westedge is also a MSA street and the sealcoating was done to maintain it until MSA funds are available for resurfacing. Moran then asked what the street rating would be when complete if it is 70 now. Roos explained that it will be 94-95 and the only way to get it to 100 is to totally rebuild it. Moran then asked about the maintenance program and Moore explained the city's proposed sealcoating program. Jake Jacobson, 5921 Fairfield, stated there is no storm sewer in his area and the city put a cement apron from his corner to the marsh. During storms he has a 2 ft. swell going over the curb' and when it rains slightly there is still water going over the curb. He indicated that there has been so much sediment left in the street that there is grass growing in front of his house in the street. He also indicated that he water is very rusty. When he's away from home for a short time he has to run his water to flush out the rust. His water pressure also varies with the time of day and season. Also the fire hydrant he does have has been bagged and taped. Moore will check into these concerns. Jim Fretham, 3138 Highland Blvd., expressed concern with the end of Highland Blvd in that he feels there is the need for a fire hydrant or something at the end of Highland. He also indicated that his water is very rusty and absolutely terrible. Moore indicated that he was not aware of this condition and will check on it. Fretham asked who determines if the aprons are good or bad and if the homeowner can have theirs replaced either way. Meisel informed him that the aprons can be replaced and paid for by the homeowner along with the regular assessment for the street. 4 -3513- Mound City Council Minutes - November 22, 2005 Bill Kuhbander, 4947 Quail Road, questioned the difference in this year's estimate for unit assessments vs. last years and suggested that if the price is that much higher the project be put on hold for a year to see if prices come back down. Steve Grand, 6023 Evergreen Road, stated that the 2005 project was behind his home and it seemed that they would do some work, disappear for 2-3 weeks, do some more work, disappear for another week, etc. He asked if it more sensible to go into an area and complete it before moving on to another. Kandis Hanson answered that it may seem impractical from the customer's standpoint, but each process is done by a different contractor and they come into town in certain sequence to do One process, then wait for the next contractor to do the next component. That process leaves the streets ripped up longer but it's the only way it can happen because all the contractors perform a different component. Grand indicated that whatever they can do to speed up the process would be a benefit to everyone. He also asked if there would be public input when the bids are considered. Meisel informed him that it's not a public hearing but input from the public is not turned down. Sharon Hinde, 2731 Rosewood Lane, asked whether the project is approved or not, she has rusty water and bad water pressure. Councilmember Brown asked if it possible to loop the line at the end of Highland and Moore indicated that they will look into that possibility. Todd Shaw, 2025 Shorewood Lane, stated he has two lots and asked if he would be assessed for two unit charges. Kandis Hanson suggested he look into the possibility of combining and dividing his lots. John Dean cautioned that regarding lot combination, if combine and as a result get one unit charge, if at some future date the lot is divided they will have to pay another unit charge at that time. Upon hearing no further comment, Mayor Meisel closed the hearing at 9:27 p.m. MOTION by Specht, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-152: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2006 STREET RECONSTRUCTION PROJECT. 7. Consideration/Action on POSAC Dakota Trail Recommendation The Parks and Open Space Advisory Commission recommends that the Dakota Rail be paved Up to 500' east of Westedge Blvd, and the last 500' be Class 5 Aggregate. MOTION by Brown, seconded by Specht to accept the recommendation as stated above from the POSAC and forward this on to the Three Rivers Park District Board of Commissioners. All voted in favor. Motion carried. 5 -3514- Mound City Council Minutes - November 22, 2005 8. 2006 Lost Lake Dredge Project A. Action on Feasibility Report, Plans and Specifications and Advertisement for Bids MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-153: RESOLUTION RECEIVING FEASIBILITY REPORT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2006 LOST LAKE DREDGE PROJECT B. Set special meeting to award contract for Lost Lake Dredqe Project MOTION by Specht, seconded by Beise to set a special meeting for December 19, 2005, at 8:00 a.m. to consider bids and award contract for 2006 Lost Lake Dredge Project, and to direct the City Clerk to insert this date and time into Resolution NO. 05- 153. All voted in favor. Motion carried. 9. Action on Ordinance Amending Chapter 256 of the City Code as it Relates to the Docks and Commons Advisory Commission Meisel stated that she asked that this ordinance be prepared which would do away with the Docks and Commons Commission and combine those duties and create a new commission, being the Parks, Open Space, and Docks Commission. After discussion it was determined that this item should be put on a future agenda when the full council is present. MOTION by Brown, seconded by Specht to table this item and Item 10 until the December 13, 2005 meeting. All voted in favor. Motion carried. 10. Action on Ordinance Amending Chapter 255 of the City Code as it Relates to the Parks and Open Space Advisory Commission See motion under Item 9. 11. Contract Proposal with MinnesOta Teamsters Local No. 320 -Public Works MOTION by Brown, seconded by Beise to approve the terms as submitted for the Minnesota Teamsters Local 320 - Public Works Union Contract, effective January 1, 2006 through December 31,2007. All voted in favor. Motion carried. 11.1 Contract Proposal with Law Enforcement Labor Services (Local 266) MOTION by Brown, seconded by Specht to approve the terms as submitted for the Law Enforcement Labor Services Local 266, effective January 1, 2005 through December 31, 2007. All voted in favor. Motion carried. Mayor Meisel called for a ten minutes recess at 9:50 p.m. 6 -3515- Mound City Council Minutes - November 22, 2005 12. Executive Session for discussi0.n of attorney/client privilege information regarding Michael and July Gardner vs. City of Mound City Attorney John Dean explained that the city received a summons and declaratory judgement action from property owners in the area of Woodland Road and action seeks to determine title and interest of an unimproved portion of Woodland Road in Woodland Point Subdivision. The City has referred this matter to the League of Minnesota Cities who designated George Hoff to represent the City. It is his view that the need for confidentiality outweighs the public nature of the meeting and suggest they go into closed session. Council returned from Executive Session at 10:37 p.m. John Dean explained that the executive session was completed and they discussed the Woodland Point declaratory judgement matter with legal counsel and discussed strategy involving the lawsuit and issues involving approaching a settlement. 13. Miscellaneous/Correspondence A. Questions and comments from Councilmembers B. Correspondence:Westonka News - November 9, 2005 Westonka News- November 16, 2005 Westonka Healthy Community Collaborative League of Minnesota Cities Fox Lawson & Associates Northstar Commuter Rail The Visitor Center C. Reports: Finance Department- October 2005 City Statistics LMCD 2005 Fall Clean-up 14. Adiourn MOTION by Brown, seconded by Specht to adjourn at 10:39 p.m. All voted in favor. Motion carried. Attest: Bonnie Rifler, City Clerk Mayor Pat Meisel 7 -3516- Executive Summary Hoisington Koegler Group Inc. TO: Mound City Council, Planning Commission and Staff FROM: Rita Trapp, Consulting City Planner DATE: December 8, 2005 SUBJECT: PC Case #05-72/#05-73 2855 Cambridge Lane Minor SubdivisiorffVar~ces The Planning Commission reviewed this case at their November 14th meeting where a motion for denial of the minor subdivision and variance was recommended on a 5-1 vote. The Planning Commission felt that they could not approve the creation of a nonconforming lot. As both Staff and the Planning Commission are recommending denial of the requests, members of the Council are advised that a resolution based on the Planning Commission's recommendation to deny the minor subdivision and the variance has been prepared. It should be noted that the City of Mound has received two Notices of Intervention from adjacent property owners. Tom Casey, the property owner to the east, and Ginny Gardstrom, the property owner to the south, have raised issues regarding the proposed minor subdivision and variance. A copy of the notices of intervention, as well as the comments Mr. Casey's submitted to the Council on December 7th have been submitted for your review. Of note, the minor subdivision was received and deemed complete on October 19, 2005, while the variance was received and deemed complete on October 25, 2005. Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. Subdivision applications are governed by an alternate state statute and are subject to a 120-day timeline. The City's deadline for action on the variance is December 23, 2005 and February 20, 2006 on the minor subdivision. Members of the Council are advised that the City executed a 60-day extension pursuant to M.S.S. 15.99 for the variance request on December 5, 2005. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 , Fax (612) 338-6838 -3517- RESOLUTION # 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND DENYING A VARIANCE TO THE 6,000 SQUARE FOOT LOT SIZE REQUIREMENT FOR THE PROPERTY LOCATED AT 2855 CAMBRIDGE LANE P & Z CASE # 05-73 PID # 24-117-24-42-0019 WHEREAS, the applicants, Benjamin and Karen Milbrath, have submitted a request for a variance to the 6,000 square foot lot size; and, WHEREAS, the property is located at the intersection of Cambridge Lane and Bedford Road. The property as currently held was surveyed at 11,917 square feet in size. The Zoning is R-lA, Single Family Residential; and, WHEREAS, the applicants propose the following development standards for the parcels labeled as "A" and "B" on the survey: Proposed Parcel A Lot Area 5917 sq. ft. Lot Width (as platted measurement) 60 feet Lot Depth (as platted measurement) 101 feet Sideyards 10 feet Frontyard ° 20 feet Rear 15 feet Lakeside (Lake Minnetonka) 50+ feet Bluff Setback 10 feet Required Variance 6,000 sq. ft. 40 feet 80 feet 10 feet 20 feet 15 feet 50 feet 10 feet 83 sq. ft. -3518- Proposed Parcel B Lot Area 6,000 sq. ft. Lot Width (as platted measurement) 60 feet Lot Depth (as platted measurement) 101 feet Sideyards 10 feet Frontyard 20 feet Rear 15 feet Lakeside (Lake Minnetonka) 50+ feet Bluff Setback 10 feet Required 6,000 sq. ft. 40 feet 80 feet 10 feet 20 feet 15 feet 50 feet 10 feet Variance ; and, square square WHEREAS, Parcel A, proposed to be 5,197 square feet in size, will require a 83 foot lot size variance as the RI-A District requires a lot size of at least 6,000 feet; and, WHEREAS, the RI-A District's requirement of 6,000 square feet is the smallest lot size allowed in Mound and is not consistent with modern standards for lot sizes; and, WHEREAS, the variance is required to allow a proposed subdivision of the subject property to create (2) lots; and WHEREAS, Staff has reviewed the applications and recommended denial of the variance; and, WHEREAS, the Planning Commission has reviewed the variance as requested by the applicants and recommended denial with the following findings of fact: 1. There are not exceptional circumstances, such as lot size and topography. 2. The literal interpretation of ordinance provisions does not deprive the applicant of rights commonly enjoyed by other properties in the same district 3. The need for a variance is created by the applicant's action of subdividing the property. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby deny the variance to lot size requirements as requested by the applicant: The foregoing resolution was moved by Councilmember seconded by Councilmember and The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted December 13, 2005 -3519- Pat Meisel, Mayor Attest: City Clerk -3520- Exhibit "A" Proposed Legal Descriptions: Parcel A: Lot 9, and that part of Lot 10 lying northerly of a line 58.59 feet south of, measured at a right angle to, and parallel wth the North line of said Lot 9, Block 37, Wychwood. Parcel B: Lot 11, and that part of Lot 10 lying southerly of a linme 58.59 feet south of, measured at a right angle to, and parallel with the North line of said Lot 9, Block 37, Wychwood. -3521 - RESOLUTION # 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND DENYING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 2855 CAMBRIDGE LANE P & Z CASE # 05-72 PID # 24-117-24-42-0019 WHEREAS, the applicants, Benjamin and Karen Milbrath, have submitted a request for a minor subdivision to create two buildable parcels from an existing lot of record; and, WHEREAS, the property is located at the intersection of Cambridge Lane and Bedford Road. The property as currently held was surveyed at 11,917 square feet in size. The Zoning is R-lA, Single Family Residential; and, WHEREAS, the applicants propose the following development standards for the parcels labeled as "A" and "B" on the survey: Parcel A Lot Area Lot Width (as platted measurement) Lot Depth (as platted measurement) Sideyards Frontyard Rear Lakeside (Lake Minnetonka) Bluff Setback Proposed Required Variance 5917 sq. ft. 6,000 sq. ft. 60 feet 40 feet 101 feet 80 feet 10 feet 10 feet 20 feet 20 feet 15 feet 15 feet 50+ feet 50 feet 10 feet 10 feet 83 sq. ft. -3522- Parcel B Lot Area Lot Width (as platted measurement) Lot Depth (as platted measurement) Sideyards Proposed Required Variance 6,000 sq. ft. 6,000 sq. ft. 60 feet 40 feet 101 feet 80 feet 10 feet 10 feet Frontyard 20 feet 20 feet Rear 15 feet 15 feet Lakeside (Lake Minnetonka) 50+ feet 50 feet Bluff Setback 10 feet 10 feet ; and, WHEREAS, Parcel A, proposed to be 5,197 square feet in size, will require a 83 square foot lot size variance as the R1-A District requires a lot size of at least 6,000 square feet; and, WHEREAS, Staff has reviewed the applications and recommended denial of the minor subdivision; and, WHEREAS, the Planning Commission has reviewed the minor subdivision as requested by the applicants and recommended denial with the following findings of fact: 1. The proposed subdivision will result in a lot which does not meet the minimum lot size requirement for the RI-A District. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby deny the minor subdivision as requested by the applicant: The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted December 13, 2005 Pat Meisel, Mayor Attest: City Clerk -3523- Exhibit "A" Proposed Legal Descriptions: Parcel A: Lot 9, and that part of Lot 10 lying northerly of a line 58.59 feet south of, measured at a right angle to, and parallel wth the North line of said Lot 9, Block 37, Wychwood. Parcel B: Lot 11, and that part of Lot 10 lying southerly of a linme 58.59 feet south of, measured at a right angle to, and parallel with the North line of said Lot 9, Block 37, Wychwood. -3524- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION NOVEMBER 14, 2005 BOARD OF APPEALS CASE #O5-72 MINOR SUBDIVISION CASE #~)5-73 VARIANCE 2855 CAMBRIDGE LANE - BEN AND KAREN MILBRATH Applicant has proposed several different ways to divide the property within current zoning standards. This proposal fails to meet the minimum square footage requirement on the northerly lot. Staff recommends denial of the variance to the lot size requirement based on the following findings: 1. There are no exceptional circumstances, such as lot shape or topography. 2. The literal interpretation of ordinance provisions does not deprive the applicant of rights commonly enjoyed by other properties in the same district. 3. The need for a variance is created by the applicant's action of subdividing the property. Discussion Tom Casey, 2854 Cambridge Lane - The following are issues that support denial of the subdivision and variance: lot is undersized; special conditions are created by the applicant's actions to subdivide; this would be granting a special privilege; there is not a hardship - they can rebuild, expand, etc; if variance is granted, it would double the impact on shoreland, DNR adopted minimum requirements and Council can adopt stricter standards - enough flexibility has been granted by the DNR in the past; traffic is doubled from that lot; it's not orderly development; conserving the natural beauty is affected; conserving and developing the natural resources is impeded; demonstrates incompatibility of various land uses; this action would be detrimental to the property values, increasing traffic and noise (see petition). There is already reasonable use of the land; (Johnson case 404 northwest 2nd 298) higher use of property forbidden by zoning ordinance - applicant has a heavy burden to show approval is appropriate. Applicant not entitled toa variance simply because others have been granted in the past. Chair Michael understands why the neighbors are here, however, why were the neighbors not in attendance when the other development occurred along the commons? Robbie Flatten (2854 Cambridge La) - Ms. Flatten circulated a petition and presented it -3525- Planning Commission Minutes November 14, 2005 to the Planning Commission. Virginia Gardstrom (2867 Cambridge La) - She opposes the splitting of the lot and feels it will decrease the value of their home. Michael asked Ms, Gardstrom if the patio in the commons was already there when they bought the home. She indicated it was and they were unaware that it was an illegal structure. Benjamin Milbrath (2855 Cambridge La) - Request to subdivide is reasonable as well as the variance. Regarding the commons, both neighbors have large retaining walls into the commons area. They have both altered the commons area for their own use. Discussion Mueller brought up the benefit vs. cost (2 owners, 4+ cars, and building up property). City would benef'~ in that it gets the easement for sewer and roadway, 30% hardcover, and gains control of shoreline access. Michael cannot support the creation of a new lot that is non-conforming. If the lot were existing and asking for a variance it would be a different issue. Miller felt we weren't in the business of creating a non-conforming lot. MOTION by Mueller to recommend approval of the subdivision, remove existing house, a conforming house be built, hardcover limited to 30%, easements be granted for the improperly located street, sewer and water mains and not be more than 1 approach (i.e. stairway) through the commons to the lake. MOTION died for lack of second. MOTION by Osmek, seconded by Hasse, to recommend denial of the minor subdivision due to insufficient square footage. MOTION approved. Voting for: Miller, Hasse, Osmek, Michael, and Glister. Voting against: Mueller. MOTION by Osmek, seconded by Glister, to recommend denial of the variance as recommended by staff. MOTION approved. Voting for: Miller, Hasse, Osmek, Michael, and Glister. Voting against: Mueller. 2 -3526- 12/07/05 10:51 FAX I 952 472 4771 TH0~,S E. CASEY ~]01 December 7, 2005 TO: Mound City Council From: Tom Casey, 2854 Cambridge Lane, Mound, ~ (952) 472-1099'~~--- Re: Milbrath Variance Re_que~t For your review, I have copied portions of the Mound City Code pertaining to a zoning variance, with my commits in brackets [ ]. Thank you for your kind attention. Mound City Code- Chapter 350: Zoning Ordinance 350.530 Variances, "Subd. 1. Criteria for Csranting Variances_. A variance to the provision of the Zoning ordinance may be issued to provide relief to the landowner in those zones where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his land. No uae variances may be issued. A variance may be granted only in the event that the following circumstances exist: "A. Exceptional or extraordinary circumstances apply to the property which do not apply generally to the other propertie~ in the same zone or vicinity, and remit fi.om lot size or shape, topography, or other circumslances over which the owners of property since enactment of this ordnance have nOt control." [Comment: There is nothing exce_0tional about the property in terms of shape or topography, It just happens to be undersized for two Iots.] "B. The literal interpretation of the provisions ofthis ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same d/strict in terms of the ordinance." [Comment: Other properties that exceed 6,000 square feet, but are less than 12,000 square feet, are subject to the same ordinance. They have not generally been subdivided. Any nearby non-conforming lots are legal non- conforming lots, divided before the zoning ordinance came into effect.] "C. The special conditions or circumstances do not result from actions of the applicant." [Comment: As stated in Ms. Trapp's 11/14/05 memo, the special conditions or need for the variance is "... created by the applicant's action of subdividing the property."] -3527- il 12/07/05 10:$1 FAX i 952 ~72 4771 1 THOMAS E, CASBY ~02 City of MoUnd December 7, 2005 "D. The granting of the variance requested will not confer on the applicant any special privii~e that is denied by this Ordinance to owners of'other land, structures or buildings o£the same district." [Co__mmen~; .~..tj'ng_~..v~ u!!d_~_the ~ oxethis case wouidbe a %pecial privilege."] "E. The variance requested is the minimum variance which would atleviate the hardshipS' [Comment: Whether or not it is thc "minimum variance" does not change the fact that there is no hardship.] "F. The variance would not be materially detrimental to thc purposes of thi~ Ordinance or to property in the same zone." DETRIMENTAL TO PURPOSE OF ORDINANCE: [Comment: If the variance was granted, an additional lot would have a double impact on the adjoining commons, conuav] to some of the purposes of the City of Mound Shoreland Management Ordinance, Section 350.1205, Subd. 2, which states in part: %., preserve and enhance the surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources." The double impact includes, but is not limited to: additional foot traffic,, an additional stairway, additional vegetation r~noval, and an additional dock.] [Comment: If the variance is granted, an additional lot would be contrary to several of the purposes of the Zoning Ordinance. City Code Section 350.205 states, "This Ordinance is adopted for the purpose of: "Sub& 1. Protecting the public health, ~fety, morals, comfort, convenience and general welfare." [Comment: There would be more ffaflic on a nan-ow street that turns to east to a steep hill that kids, unfo~m~tely, speed down with their bikes.] "Subd. 2. Promoting the orderly development ofthe residential ... recreafonal, and public areas." [Comment: It is not an "orderly" development, if there is an adverse impact on residential properties and commons.] "Subd. 3. Conserving the natural and scenic beauty and attractiveness of the city." 2 -3528- 12/07/05 10:$1 FAX 1 952 472 4771 TIt0~LAS E. CASEY ~03 City ofMound December7,200$ [Comment: If the variance was granted, two 35-foot homes could further mar the natural beauty of the commons property and natural shoreline. The double impact includes, bm is not limited to: additional foot u'~c, an additional stairway, additional vegetation removal, and an additional dock.] "Subd. 4. Conserving and developing natural resources." [Comment: Two lots would not conserve and develop natural resources. The variance would not be to restore woods or improve improve park land.] "Subd. 5. Providing for the compatibility of different land uses and the most appropriate use of land throughout the city." [Comment: Two intensely developed lots are not compatible with the protection of the commons, h is an inappropriate and unreasonable use of the land to divide the lot for two residences.] lithe variance is granted, this would be the 34 variance or deviation from state shoreland minimum standards (in Minn. Rule 6120.330, Subp. 2a): 15,000 square feet - state min|nltUri lot size (riparian - GD) 10,000 square feet - 1994 flexibility request granted (for all RD lakes and GD Lakes) 6,000 square feet - ordinance (illegal now, but subject to 2005 flexibility request) 5,900 square feet (est.) - ifvariance was granted DETRIMENTAL TO ADJOINING PROPERTY The variance would create an additional lot, which would have a substantial adverse impact on neighborhood property values; increase traffic and traffic ba~a_,'ds; and increase noise (to nome a few) - all of which will be materially detrimental to neighborhood properties. SUMMARY OF MINNESOTA LAW I. Economic considerations alone don't constitute undue hardship. Ovfmn. Stat. 462.357) II. "Since a variance enables a landowner to use property in a manner forbidden by the zoning ordinance, an applicant has a heavy burden to show that approval is appropriate. -3529- mi 12/07/05 10:51 FAX 1 952 472 4771 THOMAS E, CASEY ~04 City of Mound December 7, 2005 See: I_n_the Matter of the Variance Request of Waldo ~.dJ. Sith J_ohnson 404 N.W.2d 298, 300 App. 987) rr~. "An applicant for a variance is not entitled to a variance merely because similar variances were granted in the past. Otherv~,se, the granting o£one variance would li/cely result in the destruction of the entire zoning scheme." In thc Matter of the Variance Request o_f.W~do and Judith Johnson 404 N,W.2d 298, 300 (Minn. App. 1987) 4 -3530- Page 1 of 1 Sarah Smith From: To: Sent: Subject: "Dean, John B." <jdean@Kennedy-Graven.com> <sarahsmith@cityofmound.com> Monday, November 14, 2005 3:39 PM Notice of Intervention Sarah: I understand that a comment has been made that intervention under MERA is limited to intervention in judicial proceedings. Although the overwhelming number of interventions is in judicial proceedings, you can see from the statute quoted below, that intervention is also available in various types of local proceedings as well. 116B.09 Intervention; judicial review. Subdivision 1. Intervention. Except as otherwise provided in section l16B.10, in any administrative, licensing, or other similar proceeding, and in any action for judicial review thereof which is made available by law, any natural person residing within the state, the attorney general, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, or any partnership, corporation, association, organization or other legal entity having shareholders, members, partners, or employees residing within the state shall be permitted to intervene as a party upon the filing of a verified pleading asserting that the proceeding or action for judicial review involves conduct that has caused or is likely to cause pollution, impairment, or destruction of the air, water, land or other natural resources located within the state. John B. Dean Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Phone: (612) 337-9207 Fax: (612) 337-9310 -3531 - 11/14/2005 11/14/05 09:09 FAX i 952 472 4771 TH0~AS E, CASEY ~]01 November 14, 2005 TO: City of Mound, cio Sarah Smith (via fax only: 472-0620) FROM: Tom Casey, 2854 Cambridge Lane, Mound, MN 55364, Tel: (952) 472-1099. RE: Notice of Intervention- Mi~uosota Environmental Rights Act (Minn.. Stet 116B.09) On Thursday, November 10, 2005, Notices of Intervention of Thomas E. Casey and Ginny Cmrdstrom were filed at the City of Mound, pursuant to the Minnesota Environmental Rights Act (Minn_ Stat. 116B.09, Subdivision I), Sec the Btt~ ched receipt As the Notices state in detail, we each become a '~u'ty" to th~ proce~ing upon thc filing of this Notice with yo~ office. As a pvxty to this proceexl~n~, we e~ach respectfully request (and are entitled to) all "du¢ process" considerations i~cludillg, b~t not limited to, timely receipt of documents, adexl~mt~ 6me to ~view documents and prepare for ~--meetings and hearings, edcquate op~o~ty to pre.~s~ ~ei~ vi~vpoint at the heatings, etc. Also, as a party, we each exp~2ct no "ex-parte' commull~Cations betwe,~ the City of Mound and the Applicant. Please me any time if you wish to discuss this msttex in furtbar detail. ThenL: you for your kind consideration. -3532- CITY OF MOUND MOUND CITY COUNCIL In Re the Variance and Minor Subdivision Applications of Benjamin Milbrath and Karen Milbrath for property located at 2855 Cambridge Lane, Mound, Minnesota. NO.TICE OF INTERVENTION TO: Mound City Council, c/o Sarah Smith, Community Development Director, 5341 Maywood Road, Mound, Minnesota 55364. -' PLEASE TAKE NOTICE that, pursuant to the Minnesota Environmental Rights Act (Minnesota Statute 116B.09, SubdMsion 1), the undersigned intervenes in the above-emitled proceedings before the City of Mound City Council and other applicable commissions and' committees. BACKGROUND 1. Benjamin Milbrath and Karen Milbrath (hereinafter "Developers") have filed an application for a minor subdivision of 2855 cambridge Lane, legallY described on the Developers' Certificate of Survey as Lots 9, 10, and 1 l, Block 37, Wychwood. 2. Developers have also filed an application for a variance to subdivide the property .......... described above. ~ .,~' -'-" ' 3. Therefore, a "proceeding" has been commenced pursuant to Minn. Stai. ~ 16B.~.~ ' Sub& 1. 4. Imervenor is ThomasE. Casey, with an ownership interest in property located to the immediate east of the Developers' property subject to this proceeding. 5. lntervenor asserts his legal right to be a party to this proceeding pursuant to the Minnesota Enviromental Rights Act (Minn. Stat. 116B.09, Subd. 1), which states in part, "Except as otherwise provided in section 116B. 10, in any administrative, licensing, or other' similar pr~oceeding ..., any natural person residing within the state ... or any association, organization, or other legal entity having ... members ... residing in this state shall be permitted to intervene as a party upon the filing of a verified pleading asserting that the proceeding ... involves conduct that has caused or is likel~ to cause pollution, impairment, or -3533- destruction of the air, water, landor other nam/al resources located within.the state." (Emphasis added.) 6. The Minnesota Environmental Rights Act (Minn. Stat. 116B.02, Subd. 4) states, '2qatural Resources shall include, but not be'limited to, all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational and historical resources. Sce.ni_'c and esthetic resources shall also be considered natural resources when owned by any governmental unit or agency." Consequently, the scenic and esthetic resources of City property, including any,streets .and other easementsl are included as natural resources under this. statute. - ALLEGATIONS OF FAC~ This Notice of Intervention is based on the following: 1. Upon inf°~iition and b~lief,:.as explained below, ~he. Developer's'subdiviSion and variance applications, if approved, are "... likely t6-muSe pollution; impairment, or destruction of the ... air, water, land and other natural resources located within the state." 2. Ifihe subcli~igi0n and'variane~ applications are. approved, the Subject prope~ will be divided into'two'IOts - one:I0t ~t be approximately 6;000 square,: .eet; the .other lot will be less than 6,000 'square feet: Thertkely.result will',be the-qearing of more vegetation, a'.more.imensive use of the land, and increased noise and traffic from the construction and occupation of two dwelling units. 3. If the subdivision-and variance applications are approved, the scenic and esthetic resourceS' Of]and citified t0:'be owneil~';~d~or controlled by the .City ofMOUnd 5~ill also be impaired. -- ': : ~' ' ~"'"~ '-- 4. Intervenor will submit additional facts in support of his Notice of Intervention at the va~rioUShg~gs'in thi~'.ptOceeding. - - ~,SOTA GOVE~NT.DATA PRACTICES ~ACT REQUEST~ This Notice is also deemed a request by the Intervenors, pursuant to the Minnesota Government' Data practiCts iet...~'nn.,. -Stat,~ ,13.. 01; etseq:); that Intervenor be provided a copy of all data and information pert~iig tO'the'Developers' applications at the'time ,said data.ancl/or~ information are generated. Ail information .and correspondence shall be submitted to: Thomas E. Casey, 2854 cambridge~Lane;'Mound, Minnesota 55364~: Telephone: (952) 472-1099. Fax: (952) 472-4771. STATE OF MINNESOTA) COUNTY OF KENNPrN) Thomas E. Casey, 'b~ing. first duly sworn on oath; states that.-he is the :Intervenor above- named; that he has read the foregoing Notice of Intervention; and that the same is true of his own -3534- knowledge, except as to those things stated on information and belief, and as to such he verily believes it to be true. Tho Subscribed and sworn to before me this t .~ day of November, 2005. Notary Public l~ EVAN R, ALMELIEN ] {t'~ Notary Public I ~ Minnesota ~,_~My Commission Expires Jan. 31,2009 3 -3535- CITY OF MOUND MOUND CITY COUNCIL In Re the Variance and Ivfinor Subdivision Applications of Benjamin Milbrath and Karen Milbrath for property located at 2855 Cambridge Lane, Mound, Minnesota. NOTICE OF INTERVENTION TO: Mound City Council, do Sarah Smith, Community Development Director, 5341 Maywood Road, Mound, Minnesota 55364. PLEASE TAKE NOTICE that, pursuant to the Minnesota Environmental Rights Act (Minnesota Statute 116B.09, Subdivision 1), the undersigned intervenes in the above-entitled proceedings before the City of Mound City Council and other applicable commissions and committees. BACKGROUND 1. Benjamin Milbrath and Karen Ivlilbrath (hereinafter '~Developers") have filed an application for a minor subdivision of 2855 Cambridge Lane, legally described on the Developers' Certificate of Survey as Lots 9, 10, and 11, Block 37, Wychwood. 2. Developers have also filed an application for a variance, to subdivide the property described above. 3. Therefore, a "proceeding" has been commenced pursuant to Minn. Stat. 116B.09; Subd. 1. 4. Intervenor is G-inny Gardstrom, who has an ownership interest in prOperty located to the immediate south of the Developers' property subject to this prOceeding. 5. Intervenor asserts her legal right to be a party to this proceeding pursuant to the. Minnesota Environmental Rights Act (Minn. Stat. 116B.09, Subd. 1), which states in part, "Except as otherwise provided in section 116B. 10, in any administrative, licensing, or other similar proceeding ..., any natural person residing within the state.., or any association, organization, or other legal entity having ... members ... residing' in this state shall be permitted to intervene as a party upon the filing of a verified pleading asserting that the proceeding ... involves conduct that has caused or is likely to cause pollution, impairment, or -3536- destruction of the air, water, land or other .natural.resources located within the stme." (Emphasis added.) 6. The Minnesota Environmental Rights Act (Mitre. Stat. 116B.02, Subd. 4) states, "Natural Kesources shall include, but not be limited to,-all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational and historical resources. Scenic and esthetic resources shall also be considered natural resources when owned by any governmental unit or agency." Consequently, the scenic and esthetic resources of city property~ including any streets and other easements, are included as natural resources under this statute: ALLEGATIONS OF FP~CT This Notice of Intervention is based on the following: 1. Upon infon~ation and belief, as explained below, the Developer'~.s subdiviSionand variance applications, if approved, are "... likely to cause pollution, impairment~ or destruction of the ... air, water, land and other natural resources located within the state." 2. If the subdivision and variance applications~are apprOved, the :.subjeCt property will be divided into ~vo lots~--one'lotwill~be approximately 6;000 square feet; the o'~her lot Will be less than 6,000 square feet. The likely result will be the' cleating of~more vegetation, a more.intensive-' use of the land, and increased noise and traffic from the construction and occupation of two dwelling units. 3. If the subdivision and variance applications are appro-~ed, the scenic and esthetic resources Oflaad clifimed to be o~ed and/or~'contrO~led by theCity of M0~d will also be impaired. ~ ' 4. Intervenor will submit additional facts in support of her Notice 'of Intervention at the various hearings in this proceedings.. ' MINNESOTA GOVE. RNMENT, DATA PRACTICES ACT'REOUEST This Notice is also deemed a request by the Intervenor, pursuant to the lVYmnesota Government D~ta' :Practices A;.'et (Minn, Stat..13;01 'et.~'setl~)~ ~hat tntervenor.be prox4ded a copy .of all data and infonnafionp~rtaining to the Developers'~applicafiensat the;time said, dataand/or information are generated. All information and correspondence shall be submitted to: Ginny Gardstrom, :28.67 ~Cambfidge Lane; Mound~ MinneSota55364;~ Telephone:~(952) 4:72-2340.. STATE OF lVttNNESOT~) COUNTY OF HENNPIN) Ctinny Gard~trom; being first duly sworn on oath, states'that she is the In~ervenor above- named; that she has r~ad'the foregoing Notice of Intervention; and: that the same is ffue~of her 2 -3537- own knowledge, except as to those things stated on information and belief, and as to such she verily believes it to be true. Subscribed and sworn to before me this 6[ day of November, 2005. 'ublio ~ ~,,t~ Notary'Public ~ ~ Minnesota { My Commission Expires Jan. ~,,, 2009 3 -3538- PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Rita Trapp DATE: November 14, 2005 SUBJECT: Minor Subdivision/Variance APPLICANT: Benjamin and Karen Milbrath CASE NUMBERS: 05-72 & 05-73 HKG FILE NUMBER: 05-05 LOCATION: 2855 Cambridge Lane PROPERTY ID: 24-117-24-42-0019 ZONING: R-IA Single Family Residential COMPREItENSIVE PLAN: Low Density Residential INTRODUCTION At its October 10th meeting the Planning Commission reviewed a request by the applicants, Benjamin and Karen Milbrath, for a minor subdivision and street vacation for their property at 2855 Cambridge Lane. The applicants requested the street vacation in order to meet lot size requirements for the proposed subdivision of their parcel into two parcels. The Planning Commission recommended denial of the street vacation with the findings that the release of the public right-of-way does not have a public benefit and that Bedford Road provides public access to Brighton Commons and the existing public dock site. The Planning Commission then tabled the minor subdivision request. After the October meeting, the applicants withdrew their requests and submitted new applications for a minor subdivision and a variance to the lot area requirement for one of the parcels. The new applications would create one parcel meeting the lot size requirement of 6,000 square feet and one parcel, 5,917 square feet, needing a lot size variance of 83 square feet. BACKGROUND The 11,469 square foot property is located at 2855 Cambridge Lane, which is on the southwest comer of Bedford Road and Cambridge Lane along Brighton Common. According to Hennepin County property data, the current single-story, walk-out residence was constructed in 1957. There is currently not a garage on the property. Site topography slopes from west to east with the top of a bluff being located varying from the western property boundary to up to 10 feet into the property. Section 350.1225 of the Mound City Code requires a 10 foot setback from the top of a bluff. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -3539- p. 2 g05-72 & 05-73 2855 Cambridge Lane Minor Subdivision/Variance November 14, 2005 The survey indicates, and Staff has confirmed through review of the City's as-builts, that a portion of Cambridge Lane and the watermain lie within the subject parcel. The City typically requires the dedication of easements in these situations. The applicants have indicated a willingness to grant the City of Mound a permanent easement for the encroachment depending on the outcome of their application. As the Planning Commission may recall, an issue was recently raised by the MnDNR regarding the City's lot requirements as referenced in City Code Chapter 3350.1225, Subd. 1 (Shoreland Regulations Lot Area and Width Standards) and the original MnDNR approval(s). Specifically, City Code Chaper 350.1225, Subd. 1 reads as follows: "The lot area and width standards for residential, commercial and industrial lots within the shoreland area shall be as found in the applicable sections of the Mound Zoning Code" According to information contained in the official approval letter from the MnDNR dated September 8, 1994, the City was granted flexibility to allow a 10,000 SF minimum lot size and 60 foot lot width (at the lake and street) rather than the state shoreland standard(s) of 15,000 SF and 75 foot lot width. This matter was reviewed by the City Council at its September 13, 2005 meeting. The City Council directed Staff to submit a "Flexibility Request" to the MnDNR regarding the minimum lot size(s) required for the R1-A and R-2 districts. Depending upon the MnDNR's response, the applicant may be required to request flexibility from this rule, request a variance and/or both. Thus, final consideration of the subdivision request may be delayed until the MnDNR has responded to the Flexibility Request. TIMELINE FOR GOVERNMENTAL ACTION Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. Subdivision applications are governed by an alternate state statute and are subject to a 120-day timeline. The minor subdivision was received and deemed to be complete on or around October 19, 2005 and the variance application was received and deemed to be complete on or around October 25, 2005. DIMENSIONAL STANDARDS ANALYSIS Parcel A Lot Area Lot Width (as platted measurement) Lot Depth (as platted measurement) Sideyards Frontyard Rear Lakeside (Lake Minnetonka) Bluff Setback . Hardcover (maximum) Proposed Required Variance 5,917 sq. ft. 6,000 sq. ft. 60 feet 40 feet 101 feet 80 feet 10 feet 10 feet 20 feet 20 feet 15 feet 15 feet 50+ feet 50 feet 10 feet 10 feet Not provided 1,800 sq. ft. 83 sq. ft. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -3540- p. 3 #05-72 & 05-73 2855 Cambridge Lane Minor Subdivision/Variance November 14, 2005 Parcel B Lot Area Lot Width (as platted measurement) Lot Depth (as platted measurement) Sideyards Frontyard Rear Lakeside (Lake Minnetonka) Bluff Setback Hardcover (maximum) 6,000 sq. fi. 6,000 sq. ft. 60 feet 40 feet 101 feet 80 feet 10 feet 10 feet 20 feet 20 feet 15 feet 15 feet 50+ feet 50 feet 10 feet 10 feet Not provided 1,800 sq. ft. CITY DEPARTMENT REVIEW Copies of the request and supporting materials were forwarded to all City departments for review and comment. All written comments received to date have been summarized below: Fire Chief Pederson Police Chief Kurtz Public Works Supt. Skinner Waldron & Associates Asst. City Engineer Dehler Parks Director Fackler Comm. Dev. Dir. Smith No comments received. No comments received. No comments received. No comments received. Refer to memorandum dated 11/5/05 At some point, future owner will need to apply for abutters dock status for new lot. A copy of the application materials was also forwarded to the MnDNR, LMCD, and MCWD. DISCUSSION · Staff has concems about varying from lot size requirements so that a property owner is able to subdivide a parcel. There are not special circumstances on this property such as lot shape or topography that justify granting a variance. The applicant has indicated that the status of the existing home is uncertain at this time. The applicant has been informed that a variance would be required if the existing home is to permanently remain as it is located less than 2 feet fi:om the northern property edge. Staff has also indicated that a house removal agreement could be entered into which would allow the house to remain for an established period of time. · The revised survey shall show all required drainage and utility easements along all property lines as required by city code. · Survey should be revised to show all utilities, including gas, cable, electrical, telephone, which cross the property. As noted previously, Cambridge Lane and the watermain lie partially in the property. Other utilities may as well. The applicants have indicated that they would be willing to grant the City of Mound a permanent easement for the street and municipal utilities which exist on the subject property. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -3541 - p. 4 #05-72 & 05-73 2855 Cambridge Lane Minor Subdivision/Variance November 14, 2005 It should be noted that the application does not include a survey with detailed grading, proposed home locations and erosion eontrot. These shall be included with the application for a building permit. The applicant and contractor should be careful to ensure that: - The homes are not built into the setback areas. Effective August 2005, foundation surveys are required for all new structures located within five (5) feet of the required minimum setback which must be submitted by a licensed survey and shall be subject to review and approval by Staff. - All new residences have at least 840 square feet of area, not including any garage. Hardcover calculation sheet(s) have been provided for the existing property. All new subdivisions lose "lot of record" status and are therefore subject to 30 percent hardcover allowance. Applicant(s) is advised that proposed hardcover calculations, prepared by a registered surveyor, will be required as part of the building permit process. If the applicant proposes to use pervious pavers, an as-built survey w/Il be required and shall include a certification that the installation was done according to the plans approved by the City. This as-built survey must be signed by a professional engineer. Staff suggests the applicant contact the manufacturer of the pervious paver product to determine what inspections will be required to provide for "sign-off' on the as-built survey by the manufacturer. Applicant should be advised that inspection(s) at specific intervals during construction may be required. Installation of the pervious paver by a commercial contractor is required. Sanitary sewer and watermain trunk charges must be paid in addition to the connection fees for proposed parcel B. The present tnmk charges are $1,500 for each sanitary sewer and watermain connection. A connection fee of $240 each will be charged for the sewer and water services for the newly created building site. · The installation of the new water and sewer services must be completed or some type of financial guarantee provided, such as a cash deposit, letter of credit, or performance bond. · The curb, gutter and streets which are disturbed because of construction including but not limited to installation of the water service, sewer service and small utilities, shall be replaced. Driveway aprons must be installed for parcel A and B to City of Mound design standards at the owners expense. The driveway aprons will be inspected by the city to ensure compliance with city design standards. · If approved, the minor subdivision would create a new parcel, triggering park dedication fees of $1,100 (Section 330.120 Subd. 3). · All aforementioned fees shall be paid prior to the release of the resolution with the exception of the connections fees. STAFF RECOMMENDATION(S) Staff recommends the denial of the variance to the lot size requirement of 6,000 square feet for Parcel A 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -3542- p. 5 #05-72 & 05-73 2855 Cambridge Lane Minor Subdivision/Variance November 14, 2005 based on the following findings: 1. There are not exceptional circumstances, such as lot shape or topography. 2. The literal interpretation of ordinance provisions does not deprive the applicant of rights commonly enjoyed by other properties in the same district. 3. The need for a variance is created by the applicant's action of subdividing the property. Staff recommends denial of the minor subdivision request based on the following findings: 1. Action will result in a parcel that does not meet the minimum lot size standard of 6,000 square feet. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -3543- 534:1 Maywood Road, Mound, MN 55364 Phone 952-472-0600 FAX 952-472-0620 MINOR SUBDIVISION APPLICATION Application Fee and Escrow Deposit required at time of application. PLANNING COMM. DATE ClTY COUNCIL DATE: Please type or print clearly EXISTING Subject Address ~(~ ~.,.~:~r~,~3r,J~C~.-.~_~ ~'3~,~r..~ PROPER~ ~ LEGAL L°t~ ~' ~O, ~ Block ~ Subdivision ~ ~~ ' I DESCRIPTION PI~ ~H - ~ - ~ - H ~ - 00~ Zone APPLICANT The appli~nt is: ~ ~er o~er: owNER 'Name ~ ~ ~ ~ 5 ~. ~ (if other than ~ ~ applicant) Address Phone (H). .~.) F~ SURVEYO A55oC ENGINEER ¢ Has an apPlication ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? {~f~) yes,.(' ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide cop. les of resolutions. oJ' explanation given Why this iS no~'the case. · .~pplication must be signed by al__[! owners of the subject Property, t '. ~," I certify that all of the statements above and statements contained in any requir.ed papers or Plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the informatipn .provided a~d that I am responsible for all costs incurred by the City related to the processing of this apphcatmn. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of ~osting, mai ' ' nd rempving such nptices as may be required by law. ~2~_ca~e /~/'~ .,.,//.,,(,., :/~ Date Owner's Signature Date Revised 11/20/03 ' ' - 3544- Thursday, October 27, 2005 10;46 AM PLANNING 9524720679 VARIANCE APPLICATION p,D4 5341 Maywood Road. Mound. MN 55364 Pl~one 952-472-0500 FAX 952-472-0620 Application Fee and Escrow Deposit required at time of application. Planning Commission Date Case No. City Council Date Please type or print legibly SUBJECT Address ~ ~ 5 4~ ~__~,~.,,,~,'~{'p__.c. PROPERTY LEGAL Lot 5 ~ !~O. ~. __ ,.... . Block DESC. Subdivision [ ~ ZONING DISTRICT R-1 R-lA R-2 R-3 B-1 B-2 B-3 PROPERTY Na~e ~~-~ ~ ~ ~c~ ~ OWNER PhoneHome~-~-Io~ Work~'q~b -3~5q Fax ~Z APPLICANT Name ~ ~ ~ (IF OTHER Address THAN OWNER) Phons Hom~ .Work Fax 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property?.. : Yes t'~ No. (). If yes, list date(s) of application, action taken, resolution number(s) and provide cop~es of resolutmns. 2. Detailed description of proposed constructi'on or alteration (size, number of stories, type of use, etc,): Variance Information (10/27/2005) Page 4 of 8 -3545- Thursday, October 27, 2005 10:46 AM 1 PLANNING 9524720679 p.06 Case No, O5-~7 ~ 3. Do the existing structures comply with all area,'height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No {X'). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: REQUIRED REQUESTED VARIANCE (or existing) Front Yard: ( N S E W ) ~. O fl. ~, O ft. O ft. Side Yard: ( N S E W ) I O ff. I O ft. O ft. Side Yard: ( N S E W ) I C) ft. t b ff. O ft. Rear Yard: ( N S E W ) I ~' fi- | ~ ft. C) ft. Lakeside: ( N S E W ) i 5 ff. i 5 ft. 0 ff. '~[o~ : (NSEW) }(~ ft. ~(~ ft. (~ ff- Street Frontage: t-j O ff. /-I O ft. ~ ft. LotSize: ~OOO sqff -~cll-~ sqft ~> sqff Hardcover: 1~OO sqft ~'"J ~,lOsq ft O sqff 4. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ('~'). No (). If no, specify each non.conforming use: 5. Which un~lue physical characteristics of the subject property prevent ts reasonable use for any of the uses permitted in that zoning distri~? ( ) too narrow ( ) topography ( ) soil (X) too small ( ) drainage ( ) existing situation ( ) too shallow ( ) shape ( ) other: specify Please describe: Variance Information (10/27/2005) Page 6 of 8 -3546- Thursday, October 27, 2005 10:46 AM PLANNING 9524720679 p,08 Case No. 6. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (). No ~, If yes. explain: 7. Was the hardship created by any other man-made change, such as the relocation of a road? Yes (). No (;)~). If yes, explain: 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes 00, No (). If no, list some other properties which are similarly affected? o~c ,~,-{ o¥~-~r '~m~_~,~-s ~-~-.~, ,~,~c. o ,oo~5% 5~,o~'~ ~,~- 9. Comments: T"~.c o~.~,-~,_r- / ¢~,n~-c~,,~ Looo\ c,~ \, ¥,-¢ ~ ~%~- ~ · I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the variance information provided. I consent to the entr~ in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's $ignature~~ Applicant's Signatur~ t o/'z8 Io5 Date Variance Information (10/27/2005) Page 8 of 8 -3547- PROPOSED ROAD VACATION AND CERTIFICATE OF SURVEY FOR .BENJAMIN D. MILBRATH I ii~} I'! I }1 IIII I ,, ,ll!,!/,i': ,, . / I I '' I'~ EXISTING LEGAL DESCRIPTION: PARcELPROPOSEDA:LEGAL DESCRIPTIONS : Lot 9, ond that port of Lot 10 lying northerly of o line 58.59 feet south of~eosured at * right ~. t .... d p.to,el with the North line of said Lot B, PARCEL B : Lot 11, and that part of Lot 10 lying southerly of e fine 58.59 feet =outh of, meesured at a right ~ngle to, end parallel wiJh Jhe North line of said Lot g, Block 37, WYCHW000, o ; denotes iron marker (~0a.3): denotes existing spot elevation, mean eeo level datum .... g17-----: denotes exJsti~ contour line, me~ sea level deJum Total area = 11,917 Sq. ft, This survey ~howa the boundaries of the above described property, the location of an existing house, and the proposed ~cation of a proposed dwJding line theraon. ' It does not purport to show any other improvements or encroochmen[s. ~ ~ .... BRONBERB ~ , ,~,,. _~ .j ~ A~OaiATEB~ ECD CHEC~ AND BITE 05-335 -3548- MEMORANDUM DATE: NOVEMBER 5, 2005 TO: MOUND BUILDING OFFICIAL FROM: BOB DEHLER, CITY ENGINEER SUBJECT: 2855 CAMBRIDGE LANE MINOR SUBDIVISION REVIEW MFRA File No. 15112 As requested, we have reviewed the Minor Subdivision request with a vacation application and have the following comments and recommendations: 1) 2) 3) 4) 5) 6) 7) 8) A survey with detailed grading, proposed house locations, and erosion control shall be included with the application for a building permit. Sanitary sewer and watermain trunk charges must be paid in addition to the connection fees for proposed parcel B. The present trunk charges are $1500 for each sanitary sewer and watermain connection. A connection fee of $240 will be charged for the sewer and water services for the newly created building site. Proposed property lines are encroaching into the Cambridge Lane right of way and over public utilities. The City would require easements at the least and the terms of the easement would should be acceptable to city prior to subdivision approval. Small utilities would also have to be taken unto consideration. Gas, cable, electrical, telephone, etc. were not shown on the survey submitted. Hardcover calculations should be performed and signed by the surveyor. Hardcover data was not submitted for a proposed house on parcel B. This data must be reviewed by city when the hardcover information is available. Provide drainage and utility easements along all lot lines as required by city code. The installation of the new water and sewer service must be completed or a financial guarantee provided, such as a cash deposit, letter of credit, or performance bond. Replace curb, gutter, and street that are disturbed because of construction including but not limited to installation of the water service, sewer service and small utilities. Driveway aprons must be installed for parcel A and B to City of Mound design standards at the owners expense. The driveway aprons may be inspected by the city to ensure compliance with city design standards. CC: Jill Norlander Sarah Smith Carlton Moore 15050 23RD AVENUE NORTH PLYMOUTH, MN 55447 -3549- BDEHLERI~MFRA.COM (763)476-6010 FAX (763) 476-8532 Page 1 of 1 Sarah Smith From: To: Sent: SubJect: "Julie Ekman" <julie.ekman@dnr.state.mn.us> <SarahSmith @cityofmound.com> Friday, November 04, 2005 10:22 AM Subdivision and Variance Request, 2855 CambridgeLn Hi Sarah, I have reviewed this proposal and variance request. The proposal is for one lot to be 6000 sf and another to be less than 6000 sfwhere DNR Waters' has approved a minimum lot size of 10,000 sf. Sincerely, Julie Julie Ekman, Area Hydrologist West Metro, Central Region 3 Mn Department of Natural Resources-Waters 1200 Warner Road St. Paul, MN 55106-6793 (651) 772-7919 (651) 772-7977 fax julie, ekman@dnr.state.rma.us Visit DNR Waters' website at: http ://www. dnr. state, mn. us/waters/ - 3550- 11/4/2005 AUG-24-2005 14:31 PIPER JAFFRAY 9524763~B' P.O~ HARDC.OVE RCALC.U. LATI-O_NS .:.' .": (IMPERVIOUS SURFACE COVERAGE) (for,,, ~o~) ' .................................. , .... '1800 (fo,-Lo~, · EzI.~D Lots of R~m~d may lave 40 Dement ~owrai/a 8.8.1 (e~ b.~). A plan m~t be =~lt~8 and ~proved LENGTH HOUSE ~, DETACHED BUILDINGS (eARAeF./SHED) DRIVEWAY, PARKING . AREA~, 51DEWALK8, ETC.. DEC~ O~ de~ (w4" ~ ~ U~ not ~d ~ ~r. TOTAL HOUSE .................................................... X = X TOTAL DETACHED BUILDIN~3$ ............................... T. OTAL DRNEWA~, EI"C .. ............................ ........ . . X = .X = X TOTAL DECK ........................................................ X ~o01.80 -© X~ TOTAL OTHER OVER (indic. ate dlfferen~e)~ .... t ..................... : ............... J TOTRL P.03 -35,¢1"- RUG-24-2B~5 14: JO P ! PER JRFFRRY 95247G~9~ P. 82 HARDCO_VERCALCU IONS (IMPERVIOUS SURFACE COVERAGE~ . LOT ~ SQ. ~. X 40% = (for Lo~ ~ RemS) ................... , ......... ~ .. ' · EXisling Lo~ of Recx~l may h~ve 40 percen~ ~overaOe provided Ihat tactmlclues are uUIized, ma ~lined i~ Zoning Or0'nenoe ~e.ollon 350~27.5, SubcL 6.a.1 (aee back). A pl~ ~ ~ ~ml~ and ~d W ~e ~lldlng ~.. LENG~ WIDTH SQ ~ HOUSE ~ X 0 = 0 DETACHED BUILDINGS .(GARAGE/SHED) DRIVEWAY, PARKING · AREAS, SIDEWALKS, ETC., O,. x O .= o X = TOTAL DETACHED BUILDINGS ............................... 0 , x o = 0 X = XT. OTAL DRIVEWAf, ETC ........................................ x 0 = X = X = TOTAL DECK ....................................................... _O, ,x o TOTAL OTHER 'QOOMHO,kM 'L~ ~tOOllB '6 lo"I pe.~ns~eLu 'J.o q~nos ~.aej 6g'Bg' ~z J 'OOOMHO,,kM 'L£ ~l:~OllB '6 ~o"1 p!D~ JO p@Jn~o@u.J 'J.o q~.no$ ~.~aJ 6G'BG ~U!l D ~.0 ONIISIX=I 3SNOH ~)NIJ. SIX3 (C'£Z6)' O~ 0009 I Z.I. 6g )NI/SIX:I ONI.LSIX3 / 0 ,. -3553- V±0S: CIOOMHOAM '/~ ~0_~ GNV NC 5341 Maywood Road Mound, MN 55364 (952) 472-3190 EXECUTIVE SUMMARY TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: December 8, 2005 SUBJECT: Variance - upper story addition OWNER: Dr. Paul Olson CASE NUMBER: 05-70 LOCATION: 2636 Wilshire Boulevard ZONING: 13,-1 Single-Family Residential COMPREHENSIVE PLAN: Residential SUMMARY. Dr. Paul Olson is requesting variance approval to add an upper story addition over a portion of the existing garage located at 2636 Wilshire Boulevard. The requested variance is described as follows: Required Existing / Requested Variance Front 30 feet 10 feet / 10 feet 20 feet BACKGROUND Details regarding the project are contained in Planning Report and Addendum Report(s) No. 05-70. Highlights of the project are summarized as follows: · The property includes a 2-story home which is accessed from Wilshire Boulevard and includes frontage on Lake Minnetonka. The applicant is proposing to construct a home office and sitting room (adjacent to the master bedroom) which would be built over the 2nd stall of the existing garage on the S/W side. · A variance was issued in 1989 which allowed a 10-foot front setback for the attached garage as well as a kitchen addition. · Staff recommended approval of the variance (subject to conditions) based on the following findings: 1. The proposal, as submitted, does not change the existing building footprint. 2. Variance(s) were granted previously for the existing structure which allowed a reduced front setback. -3554- Due to the placement of the existing house on the property and current design layout, there are no other reasonable location(s) to accommodate the proposed addition. PLANNING COMMISSION RECOMMENDATION The Planning Commission voted 5 in favor and 3 opposed to recommend denial of the variance application as the proposed addition expands the structure's nonconformity due to added bulk/mass. Details regarding the Planning Commission's review are contained in the 11/14 and 11/28 meeting minute excerpts which have been included as attachments. Members of the Council are advised that a motion to approve the requested variance failed to pass following a 3 (OsmeldSchwingedBurma) to 4 (GlistedMichael/Ayaz/Miller) vote. Due to differing recommendations from Staff and the Planning Commission, a resolution has not been prepared in advance of the City Council meeting and would likely be brought back for action at an upcoming meeting. ADDITIONAL INFORMATION The application was deemed to be complete on or around September 29, 2005 and the City's deadline for action was on or around November 27, 2005. As allowed by M.S.S. 15.99, Staff executed a 60-day extension regarding the City's action the variance request on November 23, 2003. -3555- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION NOVEMBER 28, 2005 BOARD OF APPEALS CASE #05-70 Variance- Upper Story Addition 2636 Wilshire Boulevard - Dr. Paul Olson Applicant revised the survey to reflect current conditions. Hardcover calculations were modified and Smith further explained the calculations showing hardcover to be well within the maximum of 40%. Burma inquired about the hardship issue. Smith replied that the reasonable use of property also needs to be considered. Osmek thought it important that the resident had the ability to add this square footage without impacting the hardcover, MOTION by Osmek, seconded by Burma, to m~mmend Council approve the variance with conditions as indicated by staff. ~ ~:. ~i¥~i~i Michael indicated that it is hard to g the increase of nonconformity. MOTION denied. Voting for: Osmek, Schwingler and Burma. Voting against: Glister, Michael, Hasse, Ayaz and Miller. MOTION by Ayaz, seconded by Hasse, to recommend Council deny the variance. MOTION approved. Voting for: Glister, Michael, Hasse, Ayaz and Miller. Voting against: Osmek, Schwingler and Burma. Dr. Olson said that the addition would make it easier, at his age, to "go to the office". He appreciated the Commission's time. -3556- MINUTE EXCERPTS MOUND ADVISORY PLANNING .COMMISSION NOVEMBER 14, 2005 BOARD OF APPEALS CASE #05-70 VARIANCE FOR UPPER STORY ADDITION 2636 WILSHIRE BOULEVARD DR. PAUL OLSON The subject property includes a 2-story home that has frontage on Lake Minnetonka. The applicant proposes to construct a home office and sitting room adjacent to the existing master bedroom, built over the 2nd stall of the existing garage on the southwest side. A variance was approved in 1989 for the attached garage and approved a 10-foot front setback for a kitchen/living room/garage addition over which the addition is proposed. Staff recommends the variance be approved subject to the following conditions: 1. Applicant shall be responsible for payment of all costs associated with the land use request. 2. No future approval of any development plans and/or building permits is included as part of this action in the event the vadance application is approved. 3. Applicant shall be required to submit all required information for the building permit application. 4. Applicant shall be responsible for procurement of any and/or all permits. Mueller was concerned about the incomplete nature of the survey submitted with the application. Dee Olson, 2636 Wilshire Boulevard - Ms. Olson clarified the current house outline on the survey. MOTION by Osmek, seconded by Glister, to recommend City Council approval with staff recommendations and findings of fact. Discussion Chair Michael asked Smith about staff's impressions about expansion upwards on a structure that had a previous setback variance. Smith indicated that city staff has determined that replacement is allowed without a variance but expansion of this type requires a variance. Mueller has no problem with the addition but is concerned that the deck was constructed despite a specific variance request that does not include addition of a deck. -3557- Planning Commission Minutes November 14, 2.005 Osmek recognized that the deck may or may not have been constructed without a permit. However, the current project being considered is the variance on the other side of the property. Miller asked the Commission's responsibility to address things that may be an issue on the property. Smith responded that the Planning Commission should focus on the current variance request but further commented that these issues could be addressed by other means. Smith also advised that the City Attorney has previously commented that "home trading" for variances is not appropriate. Glister removed her second to the motion. Osmek would not remove his motion because the hardcover and deck issues are not part of the variance request. Chair Michael said that the requirement for accurate information applies to everyone. MOTION died for lack of a second. MOTION by Mueller, second by Miller, to table action until accurate information can be provided. MOTION approved. Voting for: Miller, Hasse, Michael, Glister and Mueller. Voting against: Osmek 2 -3558- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 PLANNING REPORT- ADDENDUM NO. 2 TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: November 28, 2005 SUBJECT: Variance - upper story addition OWNER: Dr. Paul Olson CASE NUMBER: 05-70 LOCATION: 2636 Wilshire ZONING: R-1 Single-Family Residential COMPREHENSIVE PLAN: Residential SUPPLEMENTAL INFORMATION The following information was hand delivered by the applicant on November 22, 2005: 1. "New" hardcover calculation sheet. 2. Revised/updated site survey (Note: It is staff's understanding that the site survey was updated by the applicant's contractor.) 3. Applicant / contractor notes dated 6/9/89. STAFF COMMENTS 1. A permit was issued for the portable storage unit. 2. The revised hardcover calculation sheet appears accurate based on 11/28 field visit conducted by Staff with the following additions / deletions: Add (77) SF- entry Add (132) SF - plastic under wood chips on west side of house Delete (670) - deck Add (412)- 1989 addition Total: 3233 or 32 percent 3. Staff executed a 60-day extension per M.S.S. 15.99 on November 23, 2005. 4. Landscaping rock without plastic does not count towards hardcover. Planning Commission is advised that no plastic was found under the landscaping beds. -3559- 13621 VINEWOOD ~NE DAMON, MN SURVEY FOR: Covenant Construction Co. ~ ' ' DESCR[~T[ONt Lot 2; N[LBUR ~, PAL~ ADDXT[ON~ '~~ , City of Hound; Hennepin County~ ~[~n, ~~ ' Due to snow and ~ce condftions the top of bank and the driveway locations shown ate approximate. I he:eby certify that this survey was prepared by me o~- under my direct sups:vision and that i am a duly. ReStstated Land Su:veyo: under the laws o~ the State o~ HEnne~ota.~Dated th~s 15th day of ~a:ch, 1989.' B~~ ~ , Minnesota License No, 12267 -3560- HARDCOVER CALCULAT IONS _ ,,~m~,oF.OUN~ _ (IMPERVIOUS SURFACE COVERAGE) IPROPERTY ADDESS: ¢~¢:¢~ /.¢/~.~(.¢'1~¢¢'"- ~t//~ , ///bf;//cz2 / LOT AREA SQ. FT'. X :30% = (for all lots) ....................................... LOT AREA /~//¢"O SQ. FT. X 40%: (for Lots of Record) ............................. I~¢~ ~/01,¢~ ~,~/ ~/D~' * Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Se~ion 350:1225, Subd. 6.B.1 (see back), A plan must be submibed and approved by the Building O~cial. LENGTH WIDTH SQ FT HOUSE ¢~ X ¢~"~/ ¢'~ DETACHED BUILDINGS TOTAL HOUSE .................................................... TOTAL DETACHED BUILDINGS ............................... DRIVEWAY, PARKING AREAS, SIDEWALKS, /'~ X ~/g¢ = ,/~. .... ETC. to x I~-' : DECKS Open decks (1/4" min. Opening between boards) with a pervious surface under are not counted as hardcover. TOTAL DRIVEWAY. ETC ... . × /;"': ............ TOTAL DECK ....................................................... ,¢ TOTAL OTHER ........................................... TOTAL HARDCOVER I IMPERVIOUS SURFACE ................................................... indicate difference) .................................................................... PREPARED BY ~ ..~ ~. Revised 08/06/03 ~, · -' - ' -3561 DATE -3562'~ 5341 Maywood Road Mound, MN 55364 (952) 472-3190 PLANNING REPORT- ADDENDUM NO. 1 TO: Mound Council. Planning Commission and Staff FROM: sarah Smith, community DeveloPment Director DATE: November 21. 2005 SUBJECT: Variance - upper story addition OWNER: Dr. Paul Olson CASE NUMBER: 05-70 LOCATION: 2636 Wilshire ZONING: R-1 Single-Family Residential COMPREHENSIVE PLAN: Residential BACKGROUND At its November 14, 2005 meeting, the Planning Commission reviewed an application from Dr. Paul and Dee Olson requesting variance approval to add an upper story addition over a portion of the attached garage at 2636 Wilshire Boulevard. The requested variance is described as follows: Required Front 30 feet Existing / Requested Variance 10 feet / 10 feet 20 feet The Planning Commission tabled the application so as to obtain additional information including, but not limited to the following: 2. 3. 4. Status of deck and permitting Clarification of the hardcover sheet Revision of the survey to reflect current condition(s) Constructed elevation of the 1989 addition ADDITIONAL INFORMATION Staff has researched the 1989 variance application and found (2) different versions of the approved resolution. The copy which was previously provided in the 11/14 agenda packet refers to the existinq buildin.q being above 933.5 NGVD. The second version refers to the building addition being constructed above the 933.5 NGVD. The copy included in the official resolution book on file with the City Clerk references the second version. -3563- Building Permit No. 8446 was issued on May 17, 1989 by the City of Mound for the following described work: "Kitchen and living room addition. Adding single-car garage on to existing attached-garage.-- Alurninum siding-throughout." The "Special Condition" section on the Building Permit Application indicated that the addition(s) were to be built above 933.5 NGVD (floodplain) and that the addition was not located in a flood zone. The final inspection for the 1989 addition was completed by the Building Official on September 28, 1989. The 100-year flood elevation in Mound is 931.0. The Regulatory Flood Protection Elevation (RFPE) in Mound for properties in a flood hazard zone is 933.0. Portions of the property are within the 100 year floodplain. However, it is unknown if the house (or any portion thereof) is located in a designated floodplain. Members of the Planning Commission are advised that the proposed addition will be above the RFPE. 4. City Code Chapter 300.16, Subd. 9 regulates floodplain nonconformities. Staff discussed the deck issue with City Attorney John Dean who indicated that in the event the deck was constructed without a permit and was not constructed in a conforming location, the applicant should apply for a new variance and/or building permit. This issue does not affect the current variance request and is to be handled as a separate matter. It is anticipated that an updated hardcover sheet and revised survey are forthcoming from the applicant and/or contractor and will likely be delivered to City Hall on Monday for Staff review in advance of the 7 PM meeting. Members of the Commission are advised that packets were prepared early due to the Thanksgiving holiday which did not allow for inclusion of the additional information from the applicant. The portable storage unit (POD). was brought on site in anticipation of the proposed construction project. The applicant has applied for a POD permit. CITY COUNCIL REVIEW In the event a recommendation is received from the Planning Commission at its November 28, 2005 meeting, it is anticipated that the application will be forwarded to the City Council for review at its December 13, 2005 meeting. -3564- 89 May 9, 1989 RESOLUTION TO RECOGNIZE AN EXISTING NONCONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR LOT Zt WILBUR K. pALM ADDITION; PID ~24-117-Z4-13-0027 (2636 WILSHIRE BLVD.); P&Z 89-810 WHEREAS, the applicant has applied for a variance to re.cognize an. existing__nonconf.orming_f=ont~.~yard_setback_of~13~_8 feet and nonconforming lakeshore setback of 45 feet (+/-) to al- low structural modifications for a kitchen addition and a one stall single story attached garage for Lot 2, ~b.~lbur K. Palm Addition; PID 924-117-24-13-0027; and WHEREAS, the subject property is located within the R-1 Single Family Zoning District which according to the City Code requires a 50 foot setback to lakeshore, 10 foot side yard set- backs, and a 30 foot front yard setback; and WHEREAS, Section 23.404, Subdivision (8) provides that alterations may be made to a building containing a lawful noncon- forming residential unit when the alternation will improve the livability thereof, but the alteration may not increase the num- ber of units; and WHEREAS, the. Planning CommisSion has reviewed the request and does.recommend approval with modifications to the ap- plication due to the shallowness of the parcel. NOW, THEREFORE, BE IT RESOLVED,'by the City Council of the City of Mound, Minnesota, as follows: That the City does hereby authorize the existing non- conforming principalstructure setback to lakeshore and front property line at 2636 Wilshire Blvd.; PID #24- 117-24-13-0027, with a 17.8 foot front yard setback and a 45. foot (+/-) lakeshore setback. The .City Council authorizes the existing structure set- back violation and authorizes the alteration set forth below pursuant 'to 23.404, Subdivision (8) with the clear and express understanding that the use remains as a lawful nonconforming use, subject to all of. the provisions and restrictions of Section 23.404. It is determined that the livability of'the residential unit will be improved by authorizing the following al- terations to a nonconforming use property due to the shallowness of the parcel: -3565- , 90 ~a~ 9~ ~989 a. A one story garage iaddi~ion will be'added-within 10 feet of the front property line requiring a 20 foot front yard setback as shown on exhibit 1. b. An interior kitchen and dining room addition within 44 feet of lakeshore requiring a 6 foot lakeshore setback variance, the addition to the southeast property line within l0 feet, and the addition to the west of 5 feet allowing a 30.2 foot setback as shown on exhibit 1 and upon the condition that the Registered Land Survey~.estab- lish the addition to that structure above 933.5 NGVD Lake Minnetonka flood plain minimum eleVa- tion. 4. This variance is granted for the following legally described property: Lot 2, Wilbur K. Palm Addition, PID ~24-117-24-13-0027. This variance shall be recorded with the County Re- corder with the Registrar of Titles in Hennepin County pursuant to Minnesota State Statutes, Section 462.3595, Subdivision (4). This shall be considered a restric- tion on how this property may be used. The property owner shall have the responsibility of filing'this resolution with Hennepin County and paying all costs for such recording. The building permit shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Mayor Smith and seconded by Councilmember Johnson. The following Councilmembers.voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. ~ Ma~of z Attest: City Clerk -3566- 90 May 9, 1989 a. A one story garage.addition will be added within 10 feet of the front property line requiring a 20 foot front yard setback as shown on exhibit 1. b. An interior kitchen and dining room addition within 44 feet of lakeshore requiring a 6 foot lakeshore setback variance the addition to the southeast property line within 10 feet of the west boundary and the addition to the west of 5 feet allowing a 30.2 foot .setback as shown ~n exhibit 1 ondition that the Registered .Land and upon the c , .... ~: -~ n structure a~ove 933.5Y~GvD Lake Minneton~a z£ooa elevation. 4. This variance is granted for the following legally described property: Lot 2, Wilbur K. Palm Addition, PID ~24-117-24-13-0027. This variance shall be recorded with the County Re- corder with the Registrar of Titles in Hennepin County pursuant to Minnesota State Statutes, Section 462.3595, Subdivision (4). This shall be considered a restric- tion on how this property may be used. 5. The. p~operty owner shal~ have the responsibility of filing this resolution wlth Hennepin County and paying all costs for such recording. The building permit shall not be issued until proof of recording has been filed with the city Clerk. The foregoing resolution was moved by Mayor Smith and seconded by Councilmember Johnson. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. May6r Attest: city Clerk -3567- ~ ,~-- HAY I 7 I'~,..q~ ~.~ *~'~ 5341 Ma~ood Road, Mound, Minnesota ~ ....... : 472-1155 LOCATION O[ PR~0~SED' IMPROVEMENT STREET ADDRESS 2G~G Ni IshIFe L~ivd. ESTIMATED VALUE t ADDITION ~] Ibur K. Palm PLAT~ 0~095 ZONING DISTRICT R-1 PARCEL # LOT 2 BLOCK - PID # 24-117-24- 13 0027 COMPLETION DATE 50 t 000 OWNER Pau I 01 son DATE 5-17-~9 , ADDRESS PHONE NO. BLDR..CONT. Covenant Construct ion PHONE NO, 493-3100 ADDRESS 7904 23rd Avenue North, 13rooktyn Park, MN ZIP TYPES OF CONSTRUCTION - DESCRIPTION OF WORK BEING DONE: ~ ~ Kitchen and iivinqreom additiQn. Addln0 single car garage onto existing attach~.d garage, ./~_ ~ ~ j~/~lX~Z_ 01-3151 01-3151 01-2222 78-2304 78-3774 73-3155 73-3744 78-3158 73-3842 PERMIT FEE $ 41.5.00 PLAN CHECK FEE $ 269.75 SURCHARGE $ 25.00 S.A.C. $. WATER CONN. F~EE $ TAPPING FEE SEWER CONN. FEES STATIONARY ROD FEE $ FINAL INSPECTION ' DATE OCCUPANCY CERTIFICATE TOTALS. 709.75 DATE. ARE ADDITIONAL PERMITS NEEDED: ELECTRICAI~ PLUMBING HEATING W ,ermlt is granted, I hereby agree to do the pr~{po~ed work in accordance with descril~n~above set forth and according to the provisions of al ~ances of the City of Mound and of all statut~'bf.the State of Minnesota. in such closes n~ade and provided. All building permits expire one year after date of Issuance. \' '"'... / ~' ) / ,,I ~: : ~:~. "' -3568- BUILDING PERMiTApPLICATION Jurisdiction of... CITY OF HOUND Applicant to complete numbered spaces only. Zip/ Yes J.~ No Soil 'Yeq Nn I" I r'IALTERATION D REPAIR 9 Descdbe work: A~./~/ ' ¢,~ [] MOVE [] REMOVE 10 Change of use from Change of use to '11 Valu~,._ation .t_w~0rk: $ .__ ~"'~., ~ ~IK; I AL ~ N, OI.TI O~q~: . , ~EPARATE PERMI~ ARE REQUIRED FOR ELECTRICAL, PLUMB- lNG, HEATING. VENTILATING OR AIR CONDITIONING. TH~S PE~MtT BECOMES NULL AND VOiD ~F WORK OB CONSTRUC- TION AUTHORIZE~ I~ NOT COMMENCED WITHINJ~0;DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF~q:~_~ DAYS AT, ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIF~ ~HAT I. HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE ~E TO BE TRUE AND CORRECT. AL~ PROVISIONS OF L~WS AN~ ~DINANCES GOVERNING THIS · Y~E O~ WORK WIL~ BE COM~LI~ WITH WHET~ER SPEClFIE~ HEREIN OR NOT. THE GRA~TIN~ OF A PERMIT OO[~ NOT P~SUM[ TO ~IV[ AUTHORITY T~ VIOLATE OR CANCEL THE ~O~IONS OF ANY O~HER STATE ~ LOCA~ ~W REGUEATIN~ IDAT[J PLAN CC~KFEE PERMIT FEE ?ouo No. o! Stories Zone v Division Oeo. Loaa Fire Sprinklers ReQuired I--lyes F-~N, OFFSTREET PARKING SPACES; No. of Dwelling Units Covered J Uncovered Special Approvals Required ZONING HEALTH DEPT. FIRE DEPT. Assessing City Engrnee Public Works Other Received Not Required DRIVER'S LICENSE NUHBER -3569--- ADDRESS 2636 Wilshire Blvd. OWNER Paul Olson Covenant Construction CONTRACTOR PLUMBING CONTRACTOR Plymouth Plumbi.ng PERMIT NO. HEATING CONTRACTOR G 1447 DATE Ward Heating & A/C PERM I T NO. MISC. PERM I T NO. #1430 DATE 6-14 19B9 LOT SQUARE FOOTAGE BLDG. SQ. FOOTAGE GARAGE SQ. FT. DECK PLAT 61895 PERMIT NO. 844~ PARCEL LOT 2 BLOCK - DATE ~i~6_- ~ PERMIT SUBDIVISION Wilbur K. Palm · PID NO. 24-117-24-13-0027 ZONING R-1 . TYPE OF C ONSTRUCTI ON, Kl'~r-~j-i,-m'TM'lt~T~~gn~ ~d.dil;ion ~,i:,.ion ]~~$~~ 1.1;. ...... ~ r ~ ...... ~ m,~, 269 -3570- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 PLANNING REPORT TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: November 8, 2005 SUBJECT: Variance - upper story addition OWNER: Dr. Paul OIson CASE NUMBER: 05-70 LOCATION: 2636 Wilshire ZONING: R-1 Single-Family Residential COMPREHENSIVE PLAN: Residential BACKGROUND Dr. Paul Olson is requesting variance approval to add an upper story addition over a portion of the attached garage at 2636 Wilshire Boulevard. The requested variance is described as follows: Required Existing / Requested Variance Front 30 feet 10 feet / 10 feet 20 feet SITE CONDITIONS The subject property includes a 2-story home which is accessed from Wilshire Boulevard and includes frontage on Lake Minnetonka. The applicant is proposing to construct a home office and sitting room adjacent to the existing master bedroom which would be built over the 2nd stall of the existing garage on the S/W side. Members of the Planning Commission are advised that a variance was issued previously in 1989 for the attached garage and approved a 10-foot front setback for a kitchen/living room/garage addition. For details regarding the project, please refer to the building plans and elevation drawings which have been included with the Planning Report. -3571 - REVIEW PROCEDURE City Code Section 350:530 Subd. 1 outlines the criteria for granting variances in the City of Mound and generally states that a variance to the provisions of the Zoning Ordinance may be issued to provide relief to the landowner in those areas where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his or her land. 60-DAY PROCESS Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The variance application was received and deemed to be complete on or around September 29, 2005. NOTIFICATION City policy requires that abutting property owners are notified of variance requests by mailed notice. Members of the Planning Commission are advised that this activity was completed on or about November 9, 2005. DEPARTMENT COMMENTS Copies of the variance application were forwarded to all City departments for review. All written comments which were received are outlined below: Parks Supt. No comments. Public Works Supt. No objections. Police Chief No objections. City Engineer If the addition does not need sewer or water, the small utilities could easily be added from the master bedroom. Police Chief No objections. Building Official Building permit required. Applicant to provide (2) complete sets of building plans to include type of material(s), footing size, block size, joist size, header sizes, etc. -3572- PUBLIC AGENCY COMMENTS A copy of the variance application was forwarded to the DNR Area Hydrologist and Hennepin County for review. Dave Zetterstrom of Hennepin County has commented that he has no objections to the proposal. No comments were received from the DNR. DISCUSSION At its October 10, 2005 meeting, the Planning Commission deemed the 1989 survey on file with the Building Department acceptable for the purpose of variance review. Previous Land Use Approvals. Resolution No. 89-51 was adopted on May 9, 1989 and recognized the existing nonconforming conditions, allowed structural modifications and allowed the construction of a single-stall garage on the west side of the house with a 10-foot front setback. As indicated on the survey, the existing house / garage is 10 feet from the front property line 10 feet from the west (side) property line. The upper story addition over the garage is proposed to be constructed over the existing footprint of the garage portion of the house. Therefore, the existing building footprint does not change. 4. Rooflines can encroach two (2) feet into the required setback area. o Hardcover for lots of record is up to (40) percent. The hardcover sheet submitted by the applicant shows the property conforms with the 40 percent restriction. Variance(s) were granted previously in 1989 which recognized the existing nonconforming conditions and allowed a 10-foot front setback for the existing house and attached garage. 7. The existing house has a nonconforming lake setback therefore construction on the north side of the house is not an option unless a variance is granted. 8. The existing house has a nonconforming front setback, therefore, construction on the south side of the house is not possible without a variance. 9. Construction of an addition on the east side of the existing house is unlikely unless a variance is approved. -3573- RECOMMENDATION Staff recommends that the Planning Commission recommend City Council to allow an upper story addition on the existing home at 2626 Wilshire Boulevard subject to the following conditions: 1. Applicant shall be responsible for payment of all costs associated with the land use request. 2. No future approval of any development plans and/or building permits is included as part of this action in the event the variance application is approved. 3. Applicant shall be required to submit all required information upon submittal of the building permit application. 4. Applicant shall be responsible for procurement of any and/or all permits. In recommending approval of the requested variance, Staff offers the following findings of fact: 1. The Proposal, as submitted does not change the existing building footprint. Variance(s) were granted previously for the existing structure which allowed a reduced front setback. Due to the placement of the existing house on the property and design layout of the house, there are no other reasonable location(s) to accommodate the proposed addition. CITY COUNCIL REVIEW In the event a recommendation is received from the Planning Commission at its November 14, 2005 meeting, it is anticipated that the application will be forwarded to the City Council for review at its November 22, 2005 meeting. -3574- CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone 952-472-0600 FAX 952-472-0620 VARIANCE APPLICATION Application Fee and Escrow Deposit required at time of application. Planning Commission Date , Case No. City Council Date Please type or print legibly' SUBJECT Address PROPER~ Lot ~ Block LEG~ ZONING DISTRICT R-1 R-lA R-2 R-3 B-1 B-2 B-3 PROPERW Name ~_ OWNER APPLICANT Name (IF OTHER Address THAN OWNER) Phone Home Work Fax Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property?. Yes (~ No (). If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed description of proposed construction or alteration (size, number of stodes, type of use, etc )' _ Vafianm Info~afion (8/1~005) Page 4 ~ 6 -3575- Case No. 3. Do the existing structures comply with all area, height, bulk, and setback regulations fortha zoning district in which it is located? Yes O(~) No I ). If n~, specify each non-conforming use (describe reason · for variance request, i.e. setback, lot ,area, etc,): SETBACKS: REQUIRED Front Yard: (NSEW) ~(~ ft. Side Yard: ~S E W ) ~ ft. Side Yard: (~W) ~"~{~ ft.' Rear Yard: ( N S E W ) I ~. ft. Lakeside: ( N S E W ) ~ ft. ' (NSEW) ft. Street Frontage: -~J ff. Lot Size: sq ft Hardcover: sq ft RE~D VARIANCE /' tV ft. ft. ft. ~. sq ~ sq ~ ~q ff sq~ 4. Does the present,l~se of the property conform to all regulations for the zoning district in which it is located? Yes 00, No (). If no, specify each non-conforming use: 5. Which unique physical characteristics of the subject property prevent its reasonable use for anY of the uses permitted in that zoning district? too narrow ( ) topography ( ) soil too small ( ) drainage ( ) existing situation too shallow ( ) shape ( ) othe.r: speci__~._ Pleasedescri~e: ~ ~~~.~:~ ~ Vadance Information (8116/2005) Page 5 of 6 -3576- Case No. ~::).~'~O 6. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~. If yes, explain: ' 7. Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No (~.). If yes, explain: 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (~C). If no, list some other properties which are similarly affected? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of~~r_~e purpose of inspecting, or of posting, maintaining and removing such notices as ~may be r~uire~~ Owner's Sig natu re~(~..~___.__.._~ Applicant's Signature~;'-..., ~ Date ~-" Date 9- 7 - Variance Information (8/16/2005) Page 6 of 6 -3577- 89 May 9, 1989 RESOLUTION #89-51 RESOLUTION TO RECOGNIZE AN EXISTING NONCONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR LOT 2, WILBUR K. PALM ADDITION; PID %24-117-24-13-0027 (2636 WILSHIRE BLVD.); P&Z 89-810 WHEREAS, the applicant has applied for a variance to recognize an existing nonconforming front yard setback of 17.8 feet and nonconforming lakeshore setback of 45 feet (+/-) to al- low structural modifications for a kitchen addition and a one stall single story attached garage for Lot 2, Wilbur K. Palm Addition; PID %24-117-24-13-0027; and WHEREAS, the subject property is located within the R-1 Single Family Zoning District which according to the City Code requires a 50 foot setback to lakeshore, 10 foot side yard set- backs, and a 30 foot front yard setback; and WHEREAS, Section 23.404, Subdivision (8) provides that · alterations may be made to a building containing a lawful noncon- forming residential unit when the alternation will improve the livability thereof, but the alteration may not increase the num- ber of units; and WHEREAS, the Planning Commission has reviewed the request and does recommend approval with modifications to the ap- plication due to the shallowness of the parcel. NOW, THEREFORE, BE IT RESOLVED, by the city Council of the city of Mound, Minnesota, as follows: 1. ,That the city does hereby authorize the existing non- conforming principal structure setback to lakeshore and front property line at 2636 Wilshire Blvd.; PID %24- 117-24-13-0027, with a 17.8 foot front yard setback and a 45 foot (+/-) lakeshore setback. 2. The City Council authorizes the existing structure set- ack violation and authorizes the alteration set forth elow pursuant to 23.404, Subdivision (8) with the clear and express understanding that the use remains as a lawful nonconforming use, subject to all of the provisions and restrictions of Section 23.404. 3. It is determined that the livability of the residential unit will be improved by authorizing the following al- terations to a nonconforming use property due to the shallowness of the parcel: -3578- 90 May 9, 1989 a® .on Will , be added within sho~ili On exhibit I. An interior kitchen and dining room addition within 44 feet of lakeshore requiring a' 6 foot lakeshore setback variance the addition to the southeast property line within 10 feet of the west boundary and the addition to the west of 5 feet allowing a 30.2 foot setback as shown on exhibit 1 and upon the condition that the Registered Land Survey establish the existing structure above 933.5 NGVD Lake Minnetonka flood plain minimum elevation. This variance is granted for the following legally described property: Lot 2, Wilbur K. Palm Addition, PID #24-117-24-13-0027. This variance shall be recorded with the County Re- corder with the Registrar of Titles in Hennepin County pursuant to Minnesota State Statutes, Section 462.3595, Subdivision (4). This shall be considered a restric- tion on how this property may be used. The property owner shall have 'the responsibility of filin~ this resolution with Hennepin County and paying all costs for such recording. The building permit shall not be issued until proof of recording has been filed with the city Clerk. The foregoing resolution was moved by Mayor Smith and seconded by Councilmember Johnson. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. ? May6r Attest: city Clerk -3579-. III I PROFESBIONAL- I.AND SURVEYOR8 AND LAND DEVELOPMENT CONSUL.TANT8 13621 VINEWOOD LANE DAY'TON, MN 55327 SURVEY FOR~ Covenant Construction Co. Lot 2~ NiL~UR [. PALM ADDITION~ City of Mound~ Hennepin County~ Minn. o Denotes Iron Monument [found and set] t..'l=20' \, 0 ~ /'?/f'~" ...... - 3580- ' -- HARDCOVER CALCULAT IONS (IMPERVIOUS SURFACE COVERAGE) tPROPERTY ADDESS: OWNER S NAME: LOT AREA LOT AREA SQ. FT. X 30% = (for all lots) ....................................... SQ. FT. X 40%= (for Lots of Record) ...................... Existing Lots of Record may have 40 percent coverage.provided.that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225, S'ubd. 6.B.1 (see back). A plan must be submitted and approved by the Building Offi~-ial. HOUSE DETACHED BUILDINGS (GARAGBSHED) LENGTH WIDTH SQ FT TOTAL HOUSE ................... DRIVEWAY, PARKING AREAS, SIDEWALKS~ ETC. DECKS Open decks (1/4" min. Opening between boards) with a pervious surface under are DC. counted as hardCover: TOTAL DETACHED BUILDINGS.':. ;..- ........ ., ................ TOTAL DECK .............................................. ~ X : TOTAL OTHER ................ ~ ..................... : ............. TOTAL HARDCOVER / IMPERVIOUS SURFACE ................................................... ~oVER ~te difference) .................................................................... DATE Revised 08/06/03 -3581 - O ITl ;0 '1' > 0 DESIGN BY: CROWN RENOVATIONS 09/02/05 3',0 ENTRY DOOR, HEADER WITH (2) 2" X 10" SPF 23'-4' --t- m ...q T O O z 23'-4" PAUL & DEE OLSON 2636 WlLSHIRE BLVD -3582- 2ND STORY ADDITION l/ 23'..4" 18'-4" / / / / / / / / / / / / 1/ I ~- I /I I / DESIGN BY: CROWN RENOVATIONS 09~02~05 PAUL & DEE OLSON 2636 WILSHIRE BLVD -3583- Page Description --2ND STORY ADDITION ~ EE~ =ss ~R ~ ~~ °° m z~ ~ ~ m~ _ o ~ = ~ m O ~ --~ ~ O mp~ o ~ O ;' O O -- moo zr- ~m o · ~o c c ~ ~0 ~ C m ~ z m DESIGN BY: PaUL & DEE OLSON CROVVN RENOVATIONS 2636 WILSHIRE BLVD 2ND STORY ADDITION o9/o2Jo5 - 3584- m 131 I"- ITl DESIGN BY: PAUL & DEE OLSON CROWN RENOVATIONS 2636 WILSHIRE BLVD 2ND STORY ADDITION 09/02/02 - 3585- L_____ 0 z --t rtl ITl © DESIGN BY: CROWN RENOVATIONS 09102/05 PAUL & DEE OLSON 2636 WILSHIRE BLVD -3586- 2ND STORY ADDITION Property Information Search by Street Address Result page Page 1 of 2 Search By: HOUSE or BUILDING #: 2636 STREET NAME: (at least first 3 characters) Wilshire Bird UNZT # (if applicable) 20 :~i records per page Hennepin County, IV Property Information Search The Hennepin County Property Tax web data daily (Monday - Friday) at approximately 9: Parcel Data for Taxes Payable Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: Click Here for the 2005 State Copy to be used when filing for ~ 24-117-24'13-0027 2636 WTLSHZRE BLVD MOUND 277 Constrt 3 Approx. I PAUL R OLSON PAUL R OLSON 2636 WILSHIRE BLVD MOUND MN 55364 Most Current Sales Informa Sales prices are reported as listed on the Certificate of Real Estate Value arms-length transactions. Sale Date: June, 1972 Sale Price: $31,700 Transaction Type: Tax Parcel Description Addition Name: Lot: Block: Metes & Bounds: Abstract or Torrens: WILBUR K PALM ADDN 002 TORRENS Value and Tax Summary for Taxes P Values Established by Assessor as of 31 Estimated Market Value: Limited Market Value: Taxable Market Value: Total Improvement Amount: Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: $470,000 $437,100 $437,100 $5,210.35 $69.71 $5,280.06 http://www2.co.hennepin.mn.us/pins/addrresul-,3,587- 11/8/2005 III Property Information Search by Street Address Result page Page 2 of 2 Property Information Detail for Taxes Values Established by Assessor as of 3; Land Market Building Market Machinery Market Values: ' Total Market: Land Limited Building Limited Total Limited: Qualifying Improvements Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status $270,000 $200,000 $470,000 $251,100 $186,000 $437,100 RESIDENTIAL LAKE SHORE HOMESTEAD 420943 Hennepin County is providing this information as a public service. Tax related questions: taxinfo@co.hennepin.mn.us Need help locating a property on our site? Check out our Search Tips Home I Your County Government I Licenses, Certificates, & Registration I Empl( Social Services I Law, Public Safety, & Courts I Environment, Property, & Trans[ Copyright © 2004 Hennepin County, Minnesota I www. Hennepin.us Accessibility Policy I Contact Hennepin County I Security/Privacy Statement http://www2.co.hennepin.mn.us/pins/addrresul?~5~88- 11/8/2005 HCPropertyMap Page 1 of 2 Recenter on click '::~) Yes ~ ' No Hennepin County Property Map Last update: 9/11/2005 at 3:30 PM - READ IMPORTANT DISCLAIMER INFORMATION BELOW Click for detailed information on this parcel Approximate Property Approximate Property Property ID Perimeter Area 24-117-24-13-0027 402 ft. 10,106 sq,ft. = 0.23 acres Property Address Market Value Total Tax (2005) 2636 WILSHIRE BLVD MOUND, MN 55364 $470,000 $5,280.06 Give us your feedba¢ Hennepin County Su How to use Map Lot dimensions may be ur '169 because they are in a For quicker respon., information on surr, 'Recenter on click'. Show: <~) Aerial Photos Off (]) 2004* Aerials On ~ City Names [] Street Names [] Address Number [] Lot Dimensions *Mpls. aerials south of Fran from 2003 The data contained on this page are derived from a compilation of records and maps and may contain discrepancies that can onl licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. Th purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any mi; derivatives. Please report any map discrepancies to the Hennepin County Survey Division via e-mail at Surveyor. Maps~co.hennepi~ The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 1024x768 or highel Explorer 3.02 or Netscape 2.01 or later version for proper operation. Home I Your County Government I Licenses, Certificates, ~ Registration I Employment &Volunteerinq I Health, Housin, I Environment, Property, & Transportation http ://www ] 3. co .hennepin. mn. us/pub licparc eliT__3_ ~8 97propertymap. aspx?PID=241172413... 11/8/2005 HCPropertyMap Page 1 of 2 Recenter on click i.~.i Yes ',,._ J No Hennepin County Property Map Last update: 9/11/2005 at 3:30 PM - READ IMPORTANT DISCLAIMER INFORMATION BELOW Click for detailed information on this parcel Approximate Property Approximate Property Property ID Perimeter Area 24-117-24-13-0027 402 ff. 10,106 sq.ft. = 0.23 acres Property Address Market Value Total Tax (2005) 2636 WlLSHIRE BLVD MOUND, MN $470,000 $5,280.06 55364 Give us your feedba( Hennepin County Su How to use Map For quicker respon., information on surr, 'Recenter on click'. Show: (~) Aerial Photos Off (~) 2004* Aerials On [] City Names [] Street Names []Address Number [] Lot Dimensions *Mpls. aerials south of Fran from 2003 Lot lines different fro~ The data contained on this page are derived from a compilation of records and maps and may contain discrepancies that can onl licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. Th purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any mi.. derivatives. Please report any map discrepancies to the Hennepin County Survey Division via e-mail at Surveyor. Maps@co.hennepil The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 1024x768 or highe~ Explorer 3.02 or Netscape 2.01 or later version for proper operation, Home [ Your County Government [ Licenses, Certificates, 8, Registration I Environment, Property, & Transportation Employment &Volunteerinq I Health, Housin, http://www~3~c~~hennepin~mn~us/pub~icparce~i~~3§9~~pr~pertymap~aspx?P~D=24~~724~3.~~ 11/8/2005 MEMORANDUM To: Kandis Hanson, City Manager From: Jim Kurtz, Chief of Police Greg Pederson, Fire Chief Date: December 7, 2005 Subject: Request for council action - Alarm ordinance In an effort to reduce and prevent the number of false alarms police and fire personnel are dispatched to, we are requesting that the City Council adopt a policy on false alarm prevention by implementing an alarm ordinance. False police and fire alarms are costly to the city and create two difficulties for city staff.' 1. False alarms are time consuming and take public safety personnel away from other important duties and services, 2. Repeat false alarms create an environment of complacency, which in turn places public safety staff at risk. The three main causes of false alarms are technical errors, installation errors, and user errors. A recent study found 75 percent of false alarms were cause by user errors. The complexity of some of the alarm system controls was cited as the main contributing cause of user error initiated false alarms. At the end of November, the police and/or fire departments had responded to 264 alarms. For confidential reasons, we are unable to provide a list of the alarms and addresses we dispatched to for calls for service. However, there were 44 properties that had at least two alarms and 12 properties that had four alarms or more. It should be mentioned that the vast majority of these alarms were false. Top five alarm properties: 1800 block of Commerce Blvd 2500 block of Commerce Blvd 2400 block of Wilshire Blvd 1700 block of Gull Ln. 2100 block of Commerce Blvd. 25 alarms 13 alarms 12 alarms 12 alarms 11 alarms -3591 - Request for Council Action Alarm ordinance p.2 Alarm Ordinance Summary o o All alarm devices which communicate a warning that a crime, fire or other emergency situation warranting immediate action by the police or fire departments are covered by the ordinance. All 0evices which are currently in use and those which will be installed in the future are governed by the ordinance. Any person owning, leasing, maintaining property, or a person occupying a property in Mound with a monitored alarm shall be subject to a fee using the following schedule: · First through Third false alarm .............. No charge · Forth false alarm .............................. $150 · Fifth through Ten false alarm ................ $200 · Each false alarm over Ten .................... $350 Alarms set off by electrical storms, or weather will not considered false alarms. Beginning with the Third false alarm, a letter will be sent to owner, or renter informing them that any subsequent false alarm will result in an administrative fee. All delinquent charges against the respective property will be certified to the County auditor for collection with real estate taxes in the following year. -3592- Draft ii/ii/o~ CITY OF MOUND ORDINANCE NO. -2004 AN ORDINANCE ESTABLISHING SECTION --- OF THE MOUND CITY CODE TO REGULATE THE USE OF ALARM SYSTEMS TO SUMMON PUBLIC SAFETY AND ESTABLISHING USER FEES FOR FALSE ALARMS The City of Mound does ordain: Ordinances# XXXXXXX A) Definitions: For the purpose of this following definitions shall apply: section the Sub 1: Public Safety Personnel: Employee(s) of the City fire and police departments including fire fighters, police officers and other emergency service personnel who may respond to assist on requests for mutual aid. Sub 2: Alarm User: Any person, owner, occupant, tenant, firm, partnership, association, corporation, company or organization of any kind upon whose premises, building, structure or facility an alarm system is maintained. Sub 3: Alarm System: Any mechanical or electrical alarm installation designed to be used for the prevention or detection of burglary, robbery, medical, carbon monoxide, fire or other condition on the premises which contain an alarm installation. Automobile devices shall not be considered an alarm system under this ordinance. Sub 4: Calendar Year: The period January 1 through December 31 of each year. Sub 5: False Alarm: An alarm signal eliciting a response by public safety personnel when a situation requiring a response does not, in fact, exist and which is caused by the activation of the alarm system through mechanical failure, alarm malfunction, improper installation or the inadvertence of the alarm owner or lessee of an alarm system or of such owner or lessee's employees or agents. False alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, violent conditions of -3593- nature or any other conditions which are clearly beyond the control of the alarm manufacturer, installer, owner or alarm user. Federal and/or State agencies and political subdivisions of the Federal or State government shall be exempt from user fees or false alarm charges otherwise prohibited for by this ordinance. B) Violations: Any alarm user who, within one calendar year, has more than three false police alarms, or more then one fals~ fire alarm, shall be in violation of this ordinance. The City shall impose a fee, which shall be in a graduated scale, as is set forth by the city council pursuant to section JO0 or the city code. C) Review false alarm calls: The Chief of Police, or the Chief's designee, shall review all alarm calls to the police department. The Chief of Police, or the Chief's designee, will notify all house, holds, businesses or other establishments, which utilize alarm systems, when an alarm has been responded to by the police department. The police department shall keep an annual record of alarm calls and shall notify all house holds, businesses or other establishments, which utilize alarm systems, when they are in violation of this ordinance. The Fire Chief, or the Chief's designee, shall follow the same procedure listed above as the Police Chief or the Chief's designee. D) Process for notice of violations: Upon receipt and determination of the fourth false police alarm report or the second false fire alarm report to an address, the Chief of Police, the Chief's designee, the Fire Chief, or the Chief's designee, after review, shall then assess the alarm user for an alarm user's violation fee. The alarm user must submit the required violation fee to the City of Mound within thirty (30) working days after receipt of the assessment invoice. Failure to pay the fee within thirty days notice will cause the alarm user to be considered delinquent and subject to a penalty of a full ten percent of the fee. Ail delinquent charges against the respective properties served may be certified to the County Auditor for collection with real estate taxes in the following year. In addition the City shall also have the right to bring civil action or take other legal remedies to collect unpaid fees. -3594- Any subsequent false police or fire alarm at that address within the calendar year shall result in an increased fee in accordance with the fee schedule set forth in J00. This process shall be repeated for each and every false alarm in excess of three (3) false police alarms and in excess of one (1) false fire alarm during each calendar year. E) Duration of the record of false alarms: The record of all responded to false alarms will be closed, and will expire, at the end of each calendar year. False alarms, not occurrin~ during the current calendar year, shall not be counted as a false alarm for fee enhancement purposes. F) Letter of Contestation: After the Chief of Police, the Police Chief's designee, the Fire Chief or the Fire Chief's designee, determines that a false alarm has occurred at an address, the alarm user at that address may submit a letter of contestation to the Chief of Police of the Fire Chief to explain the cause of the alarm activation. If the Chief of Police or the Fire Chief determines that the alarm was caused by conditions beyond the control of the alarm user, the alarm will not be counted as a false alarm at that address. False alarms will be excused if they are the result of an effort or order to upgrade, install, test, or maintain an alarm system and if the Police Department or the Fire Department is given notice in advance of said upgrade, installation, test and maintenance. G) Confidentiality: Information submitted in compliance with this section shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. Subject to requirements of confidentiality, the Chief of Police or Fire Chief may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. H) Communication Center: No automatic dialing devices shall be connected to the Mound Police Department, the Mound Fire Department or the Hennepin County Sheriff's Communication Center through any telephone line without that agencies express written permission. Use of automatic dialing devices will be considered a violation of this section. -3595- I) Separability: Every section, provision, or part of this ordinance is declared separable from every other section, provision or part and if any section, provision or part of any ordinance shall be held invalid, it shall not affect any other section , provision or part thereof. -3596- CITY OF MOUND ORDINANCE NO. -2005 AN ORDINANCE AMENDING CHAPTER 256 OF THE CITY CODE AS IT RELATES TO THE DOCK AND COMMONS ADVISORY COMMISSION The City of Mound does ordain: That Section 256, Docks and Commons Advisory Commission be repealed in its entirety. Passed by the City Council this __ day of ,2005. Attest: Bonnie Ritter, City Clerk Published in The Laker the Effective the __ day of day of ,2005. Mayor Pat Meisel ,2005. -3597- CITY OF MOUND ORDINANCE NO. -2005 AN ORDINANCE AMENDING CHAPTER 255 OF THE CITY CODE AS IT RELATES TO THE PARK AND OPEN SPACE ADVISORY COMMISSION The City of Mound does ordain: That Section 255, Park and Open Space Advisory Commission be amended to read as follows: Section 255 - Parks, and Open Space-Advisery and Docks Commission 255.01 Establishment of Commission. r,;.,, DorI,, ,'~n~l f'~.~,n ~ .... A,4,,; .... The Parks and Docks Commission is hereby established. 255.05 Composition. The initial Parks, Open Space and Docks Commission shall consist of the members of the Docks and Commons Advisory Commission currently appointed and the members of the Parks and Open Space Advisory Commission currently appointed. As the terms of the members expire, the number of members of the Parks, Open Space and Docks Commission shall be reduced by the expirin.q number until the total number of members of the Parks, Open Space and Docks Commission reaches seven. Once the commission is reduced to seven members, the makeup of the seven members shall include one abutter and one non-abutter. The remaininq members may be on the dock pro.qram waitin.q list and if enter the docks pro.qram durin.q their term, will be allowed to complete said term -r~,.. D,..~...,.,~,, ~,,~,., ~ .... A,~,,; .... r,,.,..,,,,,ioo;,.,, o..,~. .... ...;"*....,,"~ seven members. Six members shall be appointed by the City Council and may be removed by a four-fifths vote of the Council. The Council shall select one member of the Council to serve on the Commission from among the Councilmembers, with said Coun¢ilmember to be appointed for one year, commencing in January of each year; the City Manager and the Park Director shall be members of the Commission ex-officio and without vote. (ORD.00-112A, 1/21/01) Members shall be appointed for terms of three years. Appointees shall hold their offices until their successors are appointed and qualified. The .term of ex-officio members shall correspond with their respective office tenures. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. Every appointed member before entering upon the discharge of his or her duties shall take an oath that he or she will faithfully discharge the duties of his or her office. All members shall serve without compensation but may be reimbursed for actual expenses if funds therefore are provided in the adopted budget of the Park Department. (ORD. #36-1989, 10-30-89) (ORD. #39-1990 - 1-29-90)(ORD. #84-1997 - 2/28/97) 1 4/1/97 -3598- 255.10 Organization, Meetings, etc. The Commission shall elect a Chairperson from among its appointed members for a term of one year with a limit of two consecutive terms as Chairperson; and the Commission may create and fill such other offices as it may determine. The Commission shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. 255.15 Duties. It shall be the duty of the Commission to meet from time to time with the City Manager, the City Council, the Parks Dir-eete¢ Superintendent, to consider matters pertaining to ......, ....., .....,..,+;'"'-, progrcm~, parks, open space, / ..... + ..~,.....~;.... +~,..+ ,; .... ~,;....+ +.. C:.it-y,,...., '; ..... ,.......'~ ......,...~'~"'"~'"~ docks, and City controlled shoreline as shall-be referred to the Commission by the City Council, City Manager, the Parks ~ Superintendent or as members of the Commission deem proper regarding such matters. The public policy of the City of Mound is to strive to: a) provide present and future residents of the City an unpolluted environment; b) provide access to lakes and streams in the community; and c) provide parks which afford natural beauty as well as recreational enjoyment. It is understood that the Commission is advisory to the City Council and is created pursuant to the authority conferred upon the City Council bY Minnesota Statutes, Laws of 1987, 412.621, Subdivision 1. (ORD. #84-1997 - 2/28/97) 255.20 Reports to be Advisory. The Commission reports, conclusions, and recommendations shall be made to the Council, Manager, and Parks ~ Superintendent as may be requested, or to any or all of them as the Commission deems appropriate in the light of the matter under consideration. Its reports, conclusions, and recommendations are purely advisory, and the final determination and responsibility shall be with the City Council. It shall be aided and assisted in every way possible by the Parks Diceete~ Superintendent who shall be appointed by the City Manager. (ORD. #10-1988 - 1-26-88) Passed by the City Council this day of ,2005. Attest: Bonnie Rifler, City Clerk Published in The Laker the Effective the __ day of __ day of ,2005. -3599- Mayor Pat Meisel ,2005. 4/1/97 To: Mayor and City Council From: Frank Ahrens, DCAC member Date: December 9, 2005 Re: Proposed 2006 Dock Program Fee Change As you know, I am opposed to the proposed $25 increase for single docks and the new $150 fee for each boat over one boat per dock. However, I do support an increase in the boat slip fee on the multiple docks. The estimated revenues of $15,450 to be generated from the proposed new $150 fee for each boat will go to further subsidize multiple dock complex costs. It was clear to me from the November 15th hearing that the city council was interested in both raising additional revenues and freeing up BSUs. I find the proposed new $150 fee for each boat to be punitive. The sole purpose of $150 fee is to raise revenues, not to cover the cost of services provided. The revenues will further subsidize the multiple dock complex costs. There should not be any expectation of additional services provided to dock site holders with these additional charges. The estimated $15,450 to be generated with this new fee will bring a lot of ill will toward the city and the city staff. Many of the dock site holders with more than one boat are abutters. They are Mound residents that are already paying taxes to the city equivalent to other residents in Mound who live on private lakeshore. This will do nothing but incite another round of class warfare in this community. We have worked hard on the DCAC to make Mound a better place to live for both abutters and non-abutters alike with the introduction of multiple docks on street ends, fire lanes and park land. Although the final decision was that of previous councils, many of us spent countless hours to make this happen. Through this program, we were able to provide dockage to non lakeshore individuals previously on the waiting list. The initial capital outlay for the docks purchased and the annual cost of putting/taking docks in and out have been paid out of our dock fund. Mayor Meisel spoke to the DCAC this summer about the need to increase multiple dock fees to cover a portion of the costs of maintaining the multiple dock complexes including decking replacement and the yearly in/out costs of the docks. We made a recommendation in September to the Council on a 3 to 2 vote to increase the fees for multiple dock site license holders from $300 to $350. We believed this was in line with what the mayor requested, to bring in additional revenues to cover a portion of the costs of maintaining the multiple dock complexes. We, as the DCAC, thought we had completed our task. I observed at the November 15 public hearing that a number of people thought a $350 fee for a boat slip on the multiple dock complexes was too low. I would agree. I spoke with one of my neighbors on the waiting list that would be more than willing to pay $1,000 to be on the multiple dock complex at Schervan Park. Other revenues collected in the Dock Fund have clearly been subsidizing the costs of the multiple dock complexes' since the inception of the program. I think that was alright in the beginning to advance the idea of multiple dock complexes in the dock program and to initially fund the capital outlay for the docks. I believe the use of multiple docks in the dock program has been successful. It is my understanding that being located on a multiple dock complex is the first choice of dock locations for many of the applicants on the waiting list. The problem we have is that demand for dock slips exceeds the number of dock slips that are available. I believe the right approach would be to increase dock slip fees to an amount that would cover the costs of maintaining the multiple docks and a share of the administrative cost of the dock program. The pricing of the boat slips could also be more in line with what applicants on the waiting list would be willing to pay for a boat slip on Lake Minnetonka. Attached is a worksheet I prepared to demonstrate what the projected costs of the multiple dock complexes would be under the proposed budget for 2006. I did make some assumptions on what percentage of the program administration costs should be assigned to the multiple dock complexes. These are the docks that will have four inspections in a season. You will note from the worksheet, a unit cost of approximately $1,000 per boat slip in 2006. I am not suggesting that we increase the fees to $1,000 for the next boating season; I would suggest that the boat slip fee for 2006 should be greater than the $350 currently being proposed. I believe that increasing the boat slip fee on the multiple dock complexes makes more sense than raising more revenues based on BSUs at single docks. As we add more multiple docks we will have an increasing revenue base. The most successful method of adding BSU's for people on the waiting list is through the expansion of the multiple dock complexes. For example, we could add more BSU's to the Center View Beach area by replacing all single docks on the beach road with one or two multiple dock complexes. Also, on many of the commons that are occupied by only abutter docks, the BSU count is greater than the linear feet of shoreline would allow based on the BSU formula. Most of these linear feet of shoreline are only accessible by abutters. BSU's could be freed up by not counting this shoreline and the boats stored on this same shoreline as part of the dock program, thus freeing up BSU's for the overall program, hence non-abutting residents. As many of you know, I currently have five boats registered on my dock. Some of you may think I am being self serving in my opposition to the Council's proposal. I don't believe I am. As you know, I am one of two members on the DCAC that represents the abutters. I do represent their interests, but more importantly, I believe in what we and previous councils have done to make Mound a better place to live and play. In closing, I think we need to take another look at what is being proposed. What are we really trying to achieve? I have offered a solution to increase participation in the program by those on the waiting list. I have also provided an alternative to generate additional revenues. Please give these alternatives consideration in your decision making process at the December 13 Council meeting. Thank you. I --~ 0 0 -,~ -..I 1,0 I 0~000-~0000 O0 0~0~~ 00~0~ 0 ~0 ~0~ 0000000 000~ m 0 0 m CITY OF MOUND RESOLUTION NO. 05- RESOLUTION ADOPTING FEE SCHEDULE 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 400.20 Assessment search Comprehensive Plan Copies Faxes Duplicate license/permit Duplicate meeting tapes Board and Commissions Minutes (not Council) Notary (set by State) Recycling container purchase Recycling container replacement Returned Check Zoning Ordinance COBRA Continuation Administration Fee Administration Fee for delinquent utility bills (to prepare for certification) Certification Fee (per parcel) Late fee for invoices not paid within 30 days (for billable services provided by City) AMUSEMENT & COMMERCIAL RECREATION Amusements: (Set by State) Expire April 30 410.10 Mechanical Amusement Machines Arcades: Expire Dec. 31st 405.00 Arcade Permit (fee per machine) $20/search $30 .25/page .25/page $10 each $3/tape .25/page $1 each at cost at cost $30/¢heck $20 2% $25/account $25/account $15/Iocation+ $15/machine $15/Iocation + $15/machine 10% 1 -3600- Bowling: Expire April 30 420.05 Bowling (fee per alley) Carnivals, Shows, Entertainment: 482.10 Circus, show, game or concert Indoor show Outdoor show Tent shows Dance Hall: 450.60 Public dance or live music Dinner Dancing: 451.30 Dinner Dancing annual prorated Parades: 472.00 Parade $20/yr. $100~ay $100/day $100/day $300~r. $100~ay $750~r. $100/mo. $300 min. N/C BUSINESS AND MISCELLANEOUS Alcoholic Beverages: Expire June 30th 810.15 3.2 beer license investigation fee 3.2 beer off-sale 3.2 beer on-sale 3.2 beer on-sale temporary(non-profit) (for profit) 800.45 Set-ups (+State charges $150 for Consumption & Display Permit Temporary (one-day) set-ups 800.20 Liquor Lic. Investigation fee (in state) (out state) 800.00 Liquor on-sale Liquor on-sale/cabaret Temporary On-Sale Liquor 800.15 Wine on-sale Investigation fee $500/investigation $150~r. $500~r. $25~ay $50/day $300~r. $25/day $500/app Actual (up to $1000) $5,000~r. $5,000~r. $100/day $500~r. $500/investigation 2 -3601 - ALCOHOLIC BEVERAGES (CONTINUED) 800.15 Club license (regulated by State) 800.15 Membershi 3 200 or less: Membershi 3 201-500: Membershi 3 501-1,000: Membershi 3 1,001-2,000: Membershi 3 2,001-4,000: Membershi 3 4,001-6,000: Membershi 3 more than 6,000: Sunday liquor Charitable Gambling: Investigation fee (set by State) Commissaries 445.10 Commissary Car Wash: Expire January 31st 430.00 Coin operated Automatic, drive-through Automatic, conveyor Cigarettes: Now governed by the County. Fireworks: License to Sell Consumer Fireworks Additional inspection if needed Garbage Collection: 490.25 Permit Fee Peddlers & Solicitors: 485.15 Transient merchants, Peddler, Hawker One day One week One month One year Restaurants & Cafes: Expire April 30th 480.00 Restaurants and caf6 permits Taxicabs: Expire January 31 st 484.10 Fee per vehicle $300/yr. $500/yr. $650/yr. $800/yr. $1000/yr. $2000/yr. $3000/yr. $200/yr. $200 $5/yr. $100/yr. $100/yr. $100/yr. $100/yr. +$35 $300~r. $30 $5O $75 $2O0 $50~r. $25~r. 3 -3602- CEMETERY FEES Adult grave - resident Adult grave - non-resident Baby grave-resident Baby grave-non-resident Ash burial- resident Ash burial- non-resident Locate Maintenance Agreement (June-Oct) Ash burial placed on top of casket DOCKS: Commercial Boat (fee per boat) 436.00 Commercial Dock Renewal Slips Boats stored on land 437.01 Penalty fee for unregistered boat at a dock 437.05 Non-refundable processing fee for dock application Shared dock application Filed on or after March 1st 437.10 Temporary boat docking fee: Up to 21 days: 437.12 Multiple Slip Fee Penalty for unregistered boat LMCD charge I IU1/~Xl'~ ~r,~ /;~ ~r;,~,~ 437.25 Late dock license application fee on or after March 1st (abutters only) Additional late fees, per month, starting April 1st (abutters only) 437.25 Dock Fee with 0-1 registered boat on application Additional boat listed on application Sailboat mooring Small watercraft Shared dock LMCD charge LMCD charge (no boat) Lost Lake Multiple $6OO $850 $300 $400 $300 $400 Actual cost (min $25) $15/mo. $50 $30/yr. $500/yr. $30 ea/yr, $10 ea/yr. $25/day $20/yr. $25 $5O ~(~l~r ,v~.~ v v..~, $25/day Actual $2O $10 $150/yr. Actual Minimum as set by LMCD 435.35 $350/yr. $300/yr. $150 ea/yr. $300/yr. $150/yr. $525/yr. 4 -3603- FIRE SERVICES: Fire report (MFD Report) 225.27 Burning Permit' False Alarm (per calendar year) PARKS & RECREATION: Depot rental- residents Depot rental- non-residents Key deposit City Hall room rentals 1 st 2nd 3rd 4th 5th- 10th ea. over 10 $10 $1o $o $o $5o $150 $250 $500 $75/day $150/day $400 $75~ay PUBLIC GATHERING: 615.05 Park use fee: commercial events: (Plus other requests at cost) Damage Deposit 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'l pages, same report Drivers license check: non-resident Photographs: cost + reproduction,Film Audio Cassette Video Cassette Dept. computer check Dept. computer check/page Dept. computer check/hr, computer Finger printing: resident: Non-resident: $300~ay $500 $2OO $5oo $10 $5 .25 ea. $5 $25 $15 $40 $10 .25 ea. $50 N/C $25 5 -3604- DVD's Squad Videos False Alarm (per calendar year) 1st 2nd 3rd 4th 5th_l 0th ea. over 10 Vehicle Impound Processing Fee (per vehicle) $35 $25 $o $o $150 $6.00 $200 ea $350 ea. Animals: Expire April 30th 455.05 Dog/cat license: 2-year, neutered or spayed, with proof After April of odd year: Dog/cat license: 2-year un-neutered or spayed After April of odd year: Duplicate Tag: Kennel Fee: per day Quarantine Fee per day 456.75 Commercial Kennel: Late application: on or after May 10 + $25 $12.50 $35 $17.50 $5 $15 $20 $150~r. $1 475.80 Redemption of impounded animal First impound in current year with current license: $50 First impound in current year without current license: $75 2nd impound w/i year/licensed $65neutered $75 un-neutered 2nd impound w/i year/no license $9O 3rd impound with current license $8O 3rd impound without license $105 ...above impound fees, plus license purchase and following kennel fees... Mound Animals kennel fee $13/day Wayzata Animals kennel fee $16/day (fee starts the day the animal is brought into the kennel) 6 -3605- SPECIAL CONTRACTOR LICENSES Heatin.q~ ACT Ventilation: Contractor registration: $0 Tree Surgeon: Expires April 1st 488.05 Tree surgeon (removal & treatment) $150/yr. Street Excavation: 605.15 Street excavation: Unpaved street Macadam Concrete or bade $100+$500 deposit $100+$500 deposit $100+$500 deposit UTILITIES Water: 610.25 610.35 Service Contract Violation Water Meter (with MXU) 5/8 x % 1 For (2) 5/8" meters For (2) %" meters For (2) 1" meters 1-1% 2 2 Hpt 3 Hpt 4 Hpt 2 tru/flo 3 trufilo 4 tru/flo MXU only $35/upon t-o $275/meter $300/meter $340/meter $392 for two $495 for two $560 for two $455/meter $585/meter $635/meter $860/meter $1,435/meter $1,61 O/meter $2,170/meter $2,985/meter $135 ea. 610.40 610.45 Water Meter Test Water gallonage rates Service Charge User fee New Account Charge On/Off at curb box (during normal business hrs.) On/Off at curb box (after normal business hrs.) $50~est ~'3 ~ ~ I~..,.,.~ I.,.~ ,,,-~ $10 $35 Actual Cost $2.23/mo/acct $2.00/1000R. 7 -3606- 610.45 610.60 610.65 610.70 Meter Installation Meter Removal Reconnection Fee Sprinkler System 2 inch 4 inch 6 inch 8 inch 10 inch 12 inch Water Trunk Area Charge (VVTAC)' Water Service Connection Fee Water Turn-on Plumber Violation Assessment Fee $17.50 $17.50 $35 $3/mo $4/mo $6/mo $15/mo $25/mo $33/mo $1500/unit $240/unit $35/event $100/viol. $25/cert. Sewer: 310.05 Master plumber registration $0 600.45 Connection to sewer, but not water $46.50/qtr. Late fee penalty 10% additional Treatment rates: Residential: 10,000 gals or less $50.90min/qtr Over 10,000 gals/I,000 gals. $3.15 Minimum quarterly charge $50.90 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 Over 3,000 gals/I,000 gals. Minimum monthly charge/unit Availability charge per dwelling $16.97/min/mo $3.15 $16.97 $50.90 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 Dwellinq 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 $16.97/month minimum charge per unit. Water used but not p/aced into the sanitary sewer may be deducted providing it is metered. Dwellinqs Connected to Sewer but not Connected to Municipal Water- Shall pay a quarterly rate of $82.40. 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. 8 -3607- Availability Char, qe - All dwellings not connected to the sanitary sewer must pay an availability charge of $50.90 per quarter whether occupied or vacant. Late Fee Penalty - For all bills not paid on or before the due date specified on the bill, a 1'0% late fee will be added. 600.45 600.85 Sewer Availability charge(SAC) $1200/unit (passes through to Metro Council Environmental Services Agency) Sewer Trunk Area Charge (STAC) $1500/unit Sewer Service Connection Fee $240/unit Assessment Fee $25.00/cert. Storm Sewer: Single-Family or Two-family Residential Cemeteries Parks and Railroads Public and Private Schools/Institutional Use Multi-family Residential Uses Commercial/Industrial/VVarehouse Use Churches $6.48/Iot/qtr. $2.66/acre/mo $8.12/acre/mo $13.56/ac/mo $32.56/ac/mo $54.60/ac/mo $13.56/ac/mo Recycling Household Charqe: Fee per household per month ¢o An/..~ $2 75/mo Street Lit~htinq: Fee per account per month $2.00/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 13th day of December, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 9 -3608- CITY OF MOUND RESOLUTION NO. XX-XX RESOLUTION APPROVING THE 2006 FINAL GENERAL FUND BUDGET IN THE AMOUNT OF $4,781,470; SETTING THE LEVY AT $4,256,205; AND APPROVING THE FINAL OVERALL BUDGET FOR 2006. BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the following 2006 General Fund Budget appropriations: City Council 82,450 Promotions 5,250 Cable TV 45,000 City Manager/Clerk 309,610 Elections/Registration 20,600 Assessing 86,350 Finance 299,270 Computer 13,950 Legal 163,440 Police 1,474,210 Emergency Preparedness 7,550 Planning/I nspections 432,980 Street 911,470 City Hall Bldg. & Srvs. 122,720 Parks 493,560 Cemetery 10,170 Recreation 0 Contingencies 30,000 Transfers 272,890 TOTAL GENERAL FUND 4.781.470 -3609- Resolution No. xx-xx BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby direct the County Auditor to levy the following taxes for collection in 2006: SPECIAL LEVIES HRA Lease Revenue Bonds- Lease Payment Bonded Indebtedness- 2001A Judgment Bond G.O. Improvement 2001C G.O. Improvement 2003A G,O. Tax Increment 2003C G.O. Tax Increment 2004A G.O. Equip. Certificates 2004C G.O. Improvement 2005A G.O. Equip. Certificates 2005C G.O. Equip. Certificates 2006 Lease Equipment Loan Unfunded Accrued Liability of Public Pension Funds 364,060 21 400 75 000 139 067 141 494 30 600 114 500 66 700 31 000 35 000 3.420 67,890 Total Special Levies 1,090,131 PRELIMINARY REVENUE LEVY 3,166,074 Preliminary Certified Levy 4,256.205 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the final overall budget for 2006 as follows: GENERAL FUND As per above 4,781,470 SPECIAL REVENUE FUNDS Area Fire Service Fund Dock Fund TOTAL SPECIAL REVENUE FUNDS 791,430 168,390 959,820 2 -3610- Resolution No. xx-xx ENTERPRISE FUNDS Recycling Fund Liquor Fund Water Fund Sewer Fund Storm Water Utility Fund TOTAL ENTERPRISE FUNDS 166,080 575,770 844,780 1,344,930 128,330 3,059,890 SUMMARY General Fund Special Revenue Funds Enterprise Funds 4,781,470 959,820 3,059,890 TOTAL ALL FUNDS 8.801.180 Adopted by the City Council this 13th day of December, 2005. Mayor Pat Meisel Attest: Bonne Rifler, City Clerk -3611- CITY OF MOUND RESOLUTION NO. XX-XX RESOLUTION APPROVING A LEVY NOT TO EXCEED $153,720 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF AND FOR THE CITY OF MOUND FOR THE YEAR 2006 WHEREAS, the City Council of the City of Mound is the governing body of the City of Mound; and WHEREAS, the City Council has received a resolution from the Housing and Redevelopment Authority of and for the City of Mound, entitled "Resolution Approving the Mound Housing and Redevelopment Authority Budget for the Year 2006 pursuant to MSA Chapter 469"; and WHEREAS, the City Council, pursuant to the provisions of MSA 469, must by resolution consent to the proposed tax levy of the Housing and Redevelopment Authority of the City of Mound. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that a special tax be levied upon real and personal property within the City of Mound in the amount not to exceed $153,720. BE IT FURTHER RESOLVED that the said levy, not to exceed $153,720 is approved by this Council to be used for the operation of the Mound Housing and Redevelopment Authority pursuant to the provisions of MSA 469, and shall be certified as a tax levy to the County Auditor of Hennepin County on or before December 28, 2005. Adopted by the City Council this 13TM day of December, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -3612- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com MEMO DATE: December 7, 2005 TO: FROM: Mayor and Council City Manager Kandis Han~~- Proposed settlement agreement Supervisor's unit Once again, with only three meetings, Staff and Union members are approaching consensus over the terms of an agreement for 2006-2007. Represented by Minnesota Teamsters Union-Local 35, representatives have been very cooperative and eager to settle. As of the printing of this agenda, consensus is nearing. It is my expectation that the proposal, as submitted, will be accepted. If not, this item will be pulled from the agenda the night of the meeting or any minor change will be explained. The terms of these negotiations have not been submitted to the Council Committee but they are nearly identical to the other contracts recently approved. Recommendation: Approval of the terms as submitted. _printed on recycled paper 3613- MOUND POLICE SERGEANTS (change to SUPERVISORS) LELS Local #35 ISSUES FOR CONTRACT NEGOTIATIONS Date: Sept 15, 2005 Sept 20, 2005 Dec 6, 2005 Following are the demands for the upcoming contract year(s). During the course of negotiations the Union reserves the right to alter, change, or modify the demands. 1) ARTICLE XXVIII - DURATION 2 Years City response: Okay. Union response: Tentative agreement 2) ARTICLE XVIII - OVERTIME 1) Section 18.1: 2) Section 18.4: Delete Supervisor of Patrol and Staff Sergeant. Add Sergeants and Lieutenants Amend this section to include Lieutenants so it will read as follows: Sergeants and Lieutenants will receive straight time pay for situations that involve multiple telephone calls or involve cases that interrupt their off-duty time. The determination is to be left to the discretion of the Chief of Police. City response: Instead of Sergeants and Lieutenants, use "employees" (as defined in 2.3 of contract) throughout contract, where applicable. -3614- Union response: Tentative agreement. 3) Section 19.2 Delete first sentence in this section. It will then read as follows: Time on. suspension, absent without leave or leave without pay shall not be counted in determining a calendar montl~, of employment. Inability of an Employee to work due to either sickness or injury shall not result in the loss of the Employee's status as an Employee. City response: Okay. Union response: Tentative agreement. 3) ARTICLE XX - FUNERAL LEAVE Union requests increase to 5 days and any additional days to be taken from sick leave, vacation (Annual Leave), or compensatory time, at the discretion of the Employee. City response: No to increase in days continue at 3 days. May use vacation, sick time or comp time, with the approval of the Chief of Police. Union response: Tentative agreement 4) ARTICLE XXI - SEVERANCE PAY Union requests changing to Administration Code Numbers After 5 years of service After 10 years of service 2005 2006 2007 2008 41% 44°/3 48°/3 53% 46% 49% 54% 59% -3615- After 15 years of service After 20 years of service After 25 years of service City response: Okay. Union response: Tentative agreement. 52% 55% 60% 66% 57% 60% 66% 73% 62% 66% 72% 80% 5) ARTICLE XXII - ANNUAL LEAVE (VACATION) Union requests changing to Administration Code Numbers City response: No. City response: Okay, an incentive to settl~ Union response: Tentative agreement. 6) ARTICLE XXVIII - UNIFORM ALLOWANCE Union requests increase in uniform allowance as follows: 28.1 Each Employee shall be entitled to an annual uniform allowance in the amount of $750.00 effective 1-1-06, and $800.00 effective 1-1-07. City response: Increase to $700 for 2006 and $750 for 2007; payable via voucher system, which is not taxed, and nets more spendable dollars for uniforms. City response: Increase to $800 for 2006 and 2007, via check by Feb 1 of each year. Add full dental insurance for the single employee, to settl~ Union response: Tentative agreement. -3616- 7) APPENDIX A WAGES Start - Employees will be paid 5% above Top Patrol and classification pay After 12 months - Employees will be paid 10% above Top Patrol and classification pay After 3 6 Months - Employees will be paid 16% above Top Patrol and classification pay Wherever Sergeants are now- currently at 36 months ~ 16%, they stay there. Lieutenants to be paid 5% above the 3 6-month step for Sergeants. City response: to be determined. City response: see Appendix A, as proposed. 8) MOUND PHYSICAL FITNESS PROGRAM II E. Change to read: BODY FAT SCALE City response: Okay. Union response: Tentative agreement 9) ARTICLE XXV - INSURANCE What is City's position? City response:Employer contribution to $7$O for 2006 and $800 for 2007. City response: Employer contribution to $750 for 2006 and $8$O for ~07. -3617- Union response: Tentative agreement. NEW - POST RETIREMENT HEALTH CARE Union requests language from Administration Code be included in contract. City response: No. May simply reference Section 14A- Health Care Savings Plan in the contract. Union response: Tentative agreement. ******************************************************************* The City proposes: 5.2 Correct or clarify the reference to "5.2 of this section." Should be "5.1". 10.5B ...unless the parties "agree" to an extension. Not "a". 12.2 Discuss the content of the article and the obligation to have a Safety Committee. Also update language. Delete this language from the contract. 14.4 maybe changed to "may be" 19.4 "...three (3)" not four (4) 23.1 Holidays actual length of time - recorded in hours, not days. The language matches the practice, so no issue. 23.3 Holiday pay "as soon" as possible after the first of December. Allows some flexibility for the Finance Department to get out the checks. City suggests: Holiday pay to be paid on the first non-pay week as soon as possible after the first of December. -3618- 25 Amend language regarding waiting period for all insurances:" .... from the first of the month following thirty (30) days of continuous employment." Mirror language used in the Administrative Code for the beginning of coverage. Appendix A - Incentive Program... paid "as soon" as possible after the 15th of December. Allows some flexibility for the Finance Department to get the checks out. ** Make reference to Administrative Code for FMLA. ** Make December 31, 2006 the effective date for 2007 wages. It is the first day of that pay period. Union response: Tentative agreement on all of City proposals. -3619- Appendix A City of Mound Employees' ~ Salary January 2006 Monthly January 2006 January 2007 January 2007 Hourly Monthly Hourly (*) Start $4,942.87 $28.52 $5,091.15 $29.3 7 After 24 Months $5,258.38 $30.34 $5,416.13 $31,25 After 48 Months $5,363.53 $30.94 $5,524.44 $31.87 (*) The effective date for Year 2007 wages is December 31, 2006. January 2006 Monthly January 2006 January 2007 January 2007 Hourly Monthly Hourly (*) $5,631.71 ] $32.49 I $5,800.66 I $33.47 (*) The effective date for Year 2007 wages is December 31, 2006. T .......OnfA T .......~nnA t .......onn< t .......2005 15 -3620- -3621 - TO: FROM: DATE: RE: MEMORANDUM Mayor and City Council Jim Fackler, Park Superintenden December 6, 2005 Proposed Signage for "Andrew Sister's Trail" At the November 10, 2005 Park & Open Space Advisory Commission (POSAC) meeting the POSAC discussed the proposed signage for the Andrew Sister's Trail which will be located on the Lost Lake Greenway. Briefly, the POSAC recommends the City pays $961.00 for the smaller two-sided 18" x 24" signs to be placed on either end of the trail. The larger 36" x 40" single-sided sign, which costs $5,838.00, is to be paid for through fundraising by Mr. Rockvam with the City matching dollar for dollar of the funds raised. The final cost to the city would be $3,880.00. For the larger sign, City Staff recommends it be placed southwest of the pergola. (See attached map). The sign would have a backdrop of the wetlands and channel and the verbiage would face the trail. Additionally, please note Tom Rockvam's name at the bottom of this proposed sign. Mr. Rockvam is the individual who proposed honoring the Andrew Sister's by naming part of the greenway after them. Past dedications do not recognize the individual who initiated proposed names. MOTION by Mason that the POSAC make a recommendation to the City Council to pay for the two signs on either end of the Andrew Sisters Trail and to match dollar for dollar of the private fundraising efforts for the larger story sign, to be provided from Park Dedication funds. SECOND by Beise with an amendment that we request scale drawings of signs. Motion carried unanimously. After drawings are received, the Planning Department will review, then it will go to council. -3622- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum From: Date: Re: Jim Fackler Sarah Smith, Comm. Dev. Director / Carlton Moore, Public Works Director December 7, 2005 Andrew Sisters Signage Proposal Staff has reviewed the Andrew Sisters sign proposal for the Lost Lake Greenway with regard to the sign regulations in the City Code and offers the following comments: City Code Chapter 365.10, Subd. 2 (p) defines a Governmental Unit Sign as follows: "A sign which is erected by a governmental unit." Governmental Unit Signs are allowed upon any public way and easements according to City Code Chapter 365.15, Subd. 1. City Code Chapter 365.05, Subd. 4 (c) exempts signs erected by a governmental unit from sign permitting requirements. Review of the proposal is not required by the Planning Commission unless formally directed by the City Council. -3623- i -3624- From: Tom Rockvam 2670 Commerce Blvd. Mound, MN 55364 hurl2rock~aol.com 952-472-0759 November 28th, 2005 To~ The Mound City Council 5341 Maywood Rd. Mound, MN 55364 Subject: Cast Aluminum signs for "The Andrews Sisters Trail." At the October 13th Parks Commissioners meeting I was told that all park signs from now on were going to be made of cast aluminum and I was asked to find and get information and pricing for east aluminum sins for the Andrews Sisters Trail, these are my findings. I searched all over Minneapolis, St. Paul and the surrounding suburbs and there are no manufactures of cast aluminum signs in this area. I found that the majority of these types of signs come from the East Coast. I checked with two companies in Ohio and two in Pennsylvania and because of quality and price I narrowed my search down to one company, Lake Shore Industries in Erie, Pennsylvania. They have been in business since 1908 and make all of the historical cast aluminum signs for the states of Pennsylvania, Maryland, Michigan, Ohio and Florida. I have included both drawings and pricing for the signs that would mark the beginning and end of the trail and also a drawing and price for the center sign that would be in the Greenway area of the trail that tells the Andrews Sisters story and has their picture on it. All of the signs from Lake Shore Industries are made out of virgin ~43 Alcoa aluminum bars, (not scrap aluminum,) they are painted the color of your choice with baked enamel sign paint ($149.00 per gallon) and then the raised portion of the letters, border and logo are stripped back to aluminum and sealed with a clear satin finish. THE ANDREWS SISTERS TRAIL SIGNS (2) one on Commerce Blvd. and one by the little league field. The trail signs are two sided and will be 18 x 24 inches in size, have 3 inch letters and the City of Mound logo would be 4-1/2 inches tall and wide, all of the letters, the logo and the border would be raised 1/8 of an inch. The total cost for both double sided trail marking signs would be $1,922.00 or $961.00 each, this price includes the $250.00 tooling charge. The 2, 2 inch galvanized, 7 foot posts can be bought here for less money plus we will save on the shipping cost. -3625- THE ANDREWS SISTERS CENTER SIGN OR (STORY SIGN) The Greenway (Story sign) would be 36 inches high and 40 inches wide, the City of' Mound Logo would be 4-1/2 inches high and wide, the letter height of the header would be 1¼ inches and 1 inch, the letters in the body of the text would be 5/8 and 1/2 inch high and be raised 1/8th inch like the other signs. The Andrews Sisters Picture would be 5 inches by 7 inches and would be what they call a Metal photograph. The posts for this sign would have to be purchased from Lake Shore Industries because they are 4 inch square aluminum and made to fit the sign. The rest of the features of this sign are the same as the above signs. The cost for the Center sign is, $2,915.00, plus the cost of the tooling charge $250.00, plus the cost of the posts with plug caps $476.00, plus the cost for the metal photograph $275.00 for a total cost of $3,916.00 Total cost for the three signs would be $5,838.00 Leo Bruno from Lake Shore Industries said the shipping cost for all three signs would be around $150.00 After my presentation to the Parks Commission on November 10th they voted unanimously to recommend to the Mound City Council that they purchase the above designed signs. They recommended that the City of Mound pay for the double sided signs that mark each end of the trail, one at Commerce Blvd. and one at a location to be picked by the Little League Field. They recommended that Tom Rockvam raise money for the main (Story) sign with the metal photograph and that the City of Mound match his collections dollar for dollar. The Parks Commission also requested that I have a larger drawing of the signs and answers for the following questions for the November 22"a Council meeting in the event that the council wants to change one or both of the signs. Have a larger (To scale, if possible) drawing of both the trail marking signs and the center (Story) sign. How much more would a double sided large (Story) sign cost? Answer: 12% or $349.00 plus metal photograph $275.00 = $624.00 Total cost $4540.00 How much less would a single sided trail beginning sign cost? Answer: -12% or $-110.00 = $851.00 Do they charge for the sign by the number of letters in the sign? Answer: The amount of space the words take up decides the size and therefore the cost of the sign. 1/2 inch lower case letters and 5/8 inch capitol letters are as small as they go because if the letters are smaller than that people won't stop to read the sign. -3626- Would you word the (Story) sign any different? Answer: I have had an English teacher, a writers group, and a proof reader critique the Story sign, I have included the copy of the sign from the sign company as well as the one I had rewritten by the proof reader. What are Lake Shore Industries payment policies and product completion time? Answer: Their payment policies are one half of the payment up front with the balance due 30 days after their final billing. Their product completion time is between six. axad' eight weeks. Thank you for your time, Tom Rockvam -3627- -3628- THE ANDREWS SISTERS TRAIL THE ANDREWS SISTERS, LAVERNE, MAXENE, AND PATTY, GREW UP IN MOUND, MINNESOTA. THEY SPENT ALL OF THEIR SUMMERS HERE FROM 1917 THROUGH 1931, LIVING IN. A HOUSE THAT TODAY WOULD BE AT 2506 COMMERCE BLVD. THEY ALSO SPENT A LOT OF TIME AT THEIR UNCLES' (PETER AND ED SOLLIE) GROCERY STORE, WHICH TODAY WOULD BE AT 2567 COMMERCE BLVD. WHEN THEY WON AN AUDITION AT THE ORPHEUM THEATER IN MINNEAPOLIS IN 1931, THEY WERE HIRED BY LARRY R~CH, A VAUDEVILLIAN, AND THAT WAS THE BEGINNING OF THEIR 6S-YEAR, SHOW-BUSINESS CAREER. THEY SPENT ALL OF THEIR CHILDHOOD SUMMERS IN MOUND AND VISITED HERE EVERY CHANCE THEY COULD AS ADULTS, WHICH INCLUDED AT LEAST ONE WEEK EACH JULY THROUGHOUT THEIR VERY BUSY AND SUCCESSFUL CAREERS. MAXENE, ESPECIALLY, HAD A DEEP LOVE FOR MOUND, BUYING 13 ACRES OF LAND ON WESTEDGE BOULEVARD IN 1951. WHEN SHE DIED IN 1 995, SHE WAS CREMATED AND SOME OF HER ASHES WERE SPREAD ON THE PACIFIC OCEAN AND SOME WERE SPREAD ON LAKE MINNETONKA AT THE MOUND SWIMMING BEACH. THEIR ACCOMPLISHMENTS,' THEY RECORDED OVER 700 SONGS ON THE DECCA LABEL, HAD 113 CHARTED HITS, HAD 12 GOLD RECORDS, WERE THE FIRST FEMALE GROUP TO HAVE A GOLD RECORD GO PLATINUM, WERE I1~ 18 MOVIES, AND WERE THE FIRST AND ONLY FEMALE GROUP TO BE INDUCTED INTO THE VOCAL GROUP HALL OF FAME IN 1998. THEY HAD 46 TOP-TEN HITS IN THEIR CAREER, WHICH IS MORE TOP-TEN HITS THAN ELVIS PRESLEY OR THE BEATLES. DURING WORLD WAR II, THEY ENTERTAINED OVER 161 MILLION ARMED FORCES PERSONNEL, BOTH IN THE UNITED STATES AND DURING THEIR USO TOURS ABROAD, DAILY THEY BROUGHT UPBEAT MUSIC, LAUGHTER, HAPPINESS, AND HOPE TO EVERYONE DURING WORLD WAR II, WHICH WAS A DARK PERIOD FOR AMERICANS, PATTY ANDREWS SAID THAT BECAUSE Of ALL OF HER HAPPY MEMORIES IN MOUND, THE ONLY WAY SHE COULD DESCRIBE MOUND IS "IT IS HEAVEN ON EARTH!" TOM ROCKVAM This is a drawing of the' proposed sign that will be placed in the greenway area by the boat slips at the center of the Andrews Sisters Trail in Mound; it is made from cast aluminum. It will be installed for the dedication of the trail in the spring of 2006. The size of this sign will be 36" high and 40" wide with a 5" x 7" metal photograph of the Andrews Sisters. 26 -3629- Lake Shore Industries, nc. 1817 POPLAR ST. P,O. BOX S9 ERIE, I~A 16512-0059 ~.~.D. OUN~ ~..m (814) 4~$-4277 (800) 4580463 EMAIL: inf~islsiBm.com SIGN DIVISION · GUS'fi/ TO: TOM ROCKVAM ~B'/0 COMMERCE al. VD. MOUND ALUMINUM CASTING DIVISION QUOTATION MN 55384 FAX, (814) 4~;3.4293 25-I0~43~ WEBSITE: w~w. kisifins.com MARKERS DIVISION SALESPERSON: RE: FAX: g52472-TD?0 ATrN: DELIVERY: TERMS: 6-8 WEEKS ., · -, 5o~ DEPOSIT REQUIRED ON ALL ORDERS (~35 MINIMUM) UNDER $100, PAYMENT WITH OI~)ER PAYMENT AGGg:q'ED BY CHECK, MONEY ORI:~, MAS'TERCARD OR VIS~ WE ARE PLEASED TO QUOTE YOU THE FOLLOWING - SUBJECT TO CHANGE WITHOUT NOTICE UHIT PR~,-~;- ~3(il~.U-mihN 01 02 2 03 1 04 1 36"' HIGH X 40" WIDE TEMPLE DESIGN SINGLE FACE C~ ALUMINUM HIS'rORlCAL MARKER - READING: THE ANDREWS SISTERS TRAIL....ETC. 4' x 4" x · Posts wn~ PLue ~ ~ MoU~NG ONE-TIME TOOLING CHAR~3E ~0 '~-'PRoDU~I~'LOG. O COST Fo. (1) M~ PHOT~R~P..H 2,1rl5.00 2,915,130 238.i~J 476.00 250.0~ 250.00 275,~ 275.00 PLUS SHIPPING CHARGES WHEN SIGNED. THIS CXDPY WILL BE ACCEPTED AS AN ORDER CUSTOMER SIGNATURE E~'tabl~bed1908 LAKE sHORE INDUSTRIF-~ -3630- Lake Shore Industries ¢~i4)456'4L~T ~8£~:))4~8-0488 FAX{B14)4S3-42ga THE, ' NDREWS $.ISTERS TRAIL LARS(~ PRINTING ATTN: TOld ROCKVNVI NOT ~3 SCALE 'i) 24' HIGH x. 18' WIDE CAST ALLIMINUM TEMPLE STYLE SIGN, DOUBLE FACE. LEFTER STYLE: TABLE'r LETTER HEIGHT; 3' ABOVE HEADER 1) ,4. 1/2' SEAL FINISH: BLACK BI~---,.KGROUND, RAISED TEXT, BORDER AND SEAL SATIN FINISH. SIGN IS COMPLE3~* WITH CENTER POST MOUNTING HUB TO ACCOMMODATE A 2' I.D. x 7' GALVANIZED STEEL ~ -3631 - IIII I L,~I-I~)-/UUO IU~.. ii,O,' Ml'l I. Ml~r. DI'ILYR: iFIIYUOIRir-O rMA I'IV, lOi"t'~u,,.'q"ov ,-, vi Shore Industries, inc. 1817 POPLAR ST. P.O. BOX 59 ERIE, PA 16512.4)O~;9 ~s"~.~m (814) 456-4277 I:MAIL: infoOI.isigns.com SIGN DIVIS[ 3N · OU$'I~ TO: TC~I ROCKVAM 28'i'0 COMMERCE ~i. VD. MCLJND An'N: DELIVERY: TERMS: ({~)o) 458-0463 FED. I.D. FAX (814) 4534293 :es-~n~zae ALUMINUM CASTING DIVISION Q UOTATI,ON WEBSITE: www. kisisn~com MARKERS DIVISION DAT~_: 10/18/05 auo'm ~ Q00613 SALESPERSON:' RE!: 952-472.7070 MN 55~4 8 WEEKS ATThI: 513~ DEPC~IT REQUIRED ON ALL ORDERS ($35 MINIMUM) UNDER $100, PAYMENT ~NITH ORDER PAYMI~iT ACCEPTED BY CHECK, MONEY ORDEr, MASTERCARD OR VISA t4. E ARE PLEASED TO QUOTE YOU THE FOLLOWING -SUBJECT TO CHANGE WITHOUT NOTICE UNIT 01 I D2 1 03 2 04 1 24" HIGH X 18" WIDE TEMPLE STYLE DOUBLE FACE CA~I' ALUMINUM MARKER WITH (2) COLOR FINISH AND CENTER POS'T MOUNTING HUB IDENTICAL MARKER TO THE ABOVE Z' X T ROUND GALVANIZED S"[EEL, ONE-TIME TOOLING CHARGE TO RE-PRODUC~'~YouR EMBLEM · PLUS SHIPPION CHARGES " 79Z00 792;00 8~.e5 175.30 250.00 250.00 WHEN SIGNED, THIS COPY WILL BE ACCEPTED AS AH ORDER CUSTOMER SIGN,, FI'LIRE LAKE SHORE INDUSTRIES -3632- -3633- mi 12/05/2005 16:26 FAX 15076354567 MEDIACOM ~]001/001 Mediaco Theresa Sunde Community Relations Coordinator Dec~-nber 5, 2005 Via Facsirnile~please distribute Dear Community Officials, Due to the recent completion of programming agreements, effective mediately, Mediacom will be moving two existing channel locations in your community. Customers will be notified via bill message of the following changes: QVC will be added to channel 23 The Weather Chaunel will move to channel 67 Inspiration Net will move to channel 72 Questions regaxding this letter can be directed to my ernail at .tsun(le~mediaeomcc.com or by calling 507-835-2356, ext. 260. Cordially, Theresa Sunde Mediacom Communications Corporation 1504 2ad Street SE · Was¢ca, MN 56093 · 507-835-2356 · Fax 507-835-4567 -3634- Date Weather 11/1/2005 sun/60 11/2/2005 sunny/71 11/3/2005 cldy/50 11/4/2005 cldy/50 11/5/2005 cloudy/55 11/6/2005 sunny/65 11/7/2005 SUNNY/60 11/8/2005 ptsun/60 11/9/2005 COLD/WIND 11/10/2005 ptsun/55 11/11/2005 sun/65 11/12/2005 rain/40 11/13/2005 SUNNY/40 11/14/2005 CLDY/48 11/15/2005 CLDY/RAIN 11/16/2005 cold/20 11/17/2005 cldy/mist/50 11/18/2005 sun/40 11/19/2005 cldy/40 11/20/2005 sunny/40 11/21/2005' pt sun/40 11/22/2005 cldy/38 1/23/2005 CLDY/40 1/24/2005 cool/45 1/25/2005 SNOW/30 1/26/2005 SUNNY/38 1/27/2005 cloudy/35 1/28/2005 cloudy/50 1/29/2005 SNOW/20 1/30/2005 CLDY/LTSN( Totals dsg Harbor Wine & Spirits Nov 2005 Cust 05 Cust 04 Variance 2005 225 246 -21 3843,75 253 283 -30 4820.91 245 232 13 4285.87 423 254 169 7238.97 466 404 62 10251:34 495 -495 242 242 3746.5 238 279 -41 3566.57 237 203 34 4392.48 296 233 63 5577,1 437 255 182 8037.37 470 396 74 10126.12 432 -432 218 218 4186.2 245 252 -7 4226.04 255 219 36 4347.4 262 229 33 4612.99 472 252 220 10295.04 497 409 88 11531.5 494 -494 332 332 6442,55 314 268 46 7606.33 812 296 516 21928.82 798 -798 338 338 7806.73 411 375 36 8534.65 405 -405 263 263 4374.35 203 230 -27 3585.39 225 189 36 3644.31 0 8379 8128 251 V'169009.3 2004 Difference+/- 3504,26 339.49 4880.62 -59.71 3562.3 723.57 4884.57 2354.4 7426.56 2824.78 10822.6 -10822.6 3746.5 4215.35 -648.78 3806.81 585.67 2888.53 2688.57 4699.88 3337.49 7086.65 3039.47 10584.91 -10584.91 4186.2 4262.75 -36.71 3247.48 1099.92 46O6.7 6.29 4266.44 6028.6 7658.83 3872.67 11348.63 -11348.63 6442.55 5198.24 2408.09 5821.29 16107.53 20030.55 -20030.55 7806.73 6561.44 1973.21 7665.44 -7665.44 4374.35 3934.04 -348.65 2680.67 963.64 0 v'f55645.5 13363.74 Cash+/- 0.39 4.64 -11.6 11.32 -4.1 9.41 2.63 0.45 -0.1 -1.48 0.47 3.47 -78.77 2.95 -0.8 6.36 -3.07 1.25 -12,17 0,5 1.05 4.57 -0.39 0.44 -$62.58 -3635-