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2016-10-25 CC Agenda PacketPLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. MOUND CITY COUNCIL REGULAR MEETING Opening meeting 2. Pledge of Allegiance 3. Approve agenda, with any amendments TUESDAY, OCT 25,2016 - 7:00 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature, have been evaluated by staff, recommended by staff for approval by the Council, 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. At this time, anyone present who wishes to offer dissenting comment to any items on the Consent Agenda is invited to identify themselves and the item of concern so that the it may be removed from the Consent Agenda and considered after discussion in normal sequence. Separate introduction or further support from petitioners or requestors is not required at this time and removal of an item from the Consent Agenda for this purpose is not required or appropriate. Page 4. *Consent Agenda *A. Approve payment of claims 2568-2591 *B. Approve Resolutions Receiving Feasibility Reports and Setting Public Improvement Hearings: a. 2017 Street, Utility and Retaining Wall Improvement Project— 2592 Lynwood Blvd./Fairview Ln. - City Project No. PW -17-01 b. 2017 Street, Utility and Retaining Wall Improvement Project— 2593 Wilshire Blvd./Maywood Rd./Hiddenvale Ln. - City Project No. PW -17-02 c. 2017 Street, Utility and Retaining Wall Improvement Project — 2594 Tuxedo Blvd. Phase III - City Project No. PW -17-03 *C. Approve Resolution for the City of Mound to enter into a Master Partnership Contract with the Minnesota Department of Transportation to provide a framework for payment to each other for services rendered *D. *E. Approve Resolution approving Change Order No. 1 in the amount of $64,082.00 for the 2016 Street, Utility and Retaining Wall Improvement Project— Bartlett Boulevard; City Project No. PW -16-01 Approve Resolution approving Change Order No. 2 extending the Substantial Completion date for the 2016 Street, Utility and Retaining Wall Improvement Project — Bartlett Blvd., Tuxedo Blvd. Phase II, and Maywood Rd./Cypress; City Project Nos. PW -16-01, PW -16-02, PW -16-03 2595-2613 2598 2614-2617 2615 2618-2622 2620 *F. Approve a 1 Day to 4 Day Temporary On -Sale Liquor License for Our Lady of the 2623 Lake Catholic Church's November 5, 2016 CCW Luncheon Fundraiser PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) 6. Planning Commission Recommendation A. Public Hearing - Review of application from Tom Penn, on behalf of 2624-2658 Sojourn Adult Day Services LLC, for proposed amendment to Conditional Use Permit for property located at 5200 Maywood Road Requested Actions a. Action on Resolution amending and restating 2628 Conditional Use Permit approved by Resolution No. 10-71 and Resolution No. 11-43 for property located at 5200 Maywood Road Discussion/consideration of Major Subdivision- Final Plat ("Indian Knoll Manor") 2659-2685 and Development Agreement for Indian Knoll Major apartment remodel/addition and new townhome construction project located at 2020 Commerce Boulevard and 5524 Spruce Road Applicant: IKM Limited Partnership / Aeon Requested Actions a. Action approving Major Subdivision - Final Plat for Indian Knoll Manor 2661 b. Action approving Development Agreement for Indian Knoll Manor 2668 c. Action approving Resolution terminating Resolution No. 89-141 for 2683 fence height variance and Resolution No. 05-119 for conditional use pen -nit and variance for property located at 2020 Commerce Boulevard 8. Approve minutes from October 11, 2016 regular meeting 2686-2693 9. Inform ation/Miscellaneous A. Comments/reports from Councilmembers B. Reports: Finance Dept. - August, 2016 2694-2696 C. Minutes: D. Correspondence: Planning Commission Openings 2697 City of Mound - Notice of Election - November 8, 2016 2698 LMCD - October 14, 2016 - Appointment of 2017 LMCD Board Members 2699-2700 10. 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. eit»ofinoundeona. COUNCIL BRIEFING October 25, 2016 Upcoming Events Schedule: Don't Forget!! Oct 25 -- 6:55pm -- HRA Regular Meeting Oct 25 -- 7:00pm -- CC Regular Meeting 31 Oct -- Resume Winter Hours (8: 00an: - 4:30pna M -F) Nov 1 -- 6:30pm -- Special Meeting Workshop - Budget & Capital Planning & Misc Nov 8 -- General Election Nov 9 -- Rescheduled HRA Meeting Nov 9 -- Rescheduled CC Meeting Nov 22 -- 6:55pm -- HRA Regular Meeting Nov 22 -- 7:00pm -- CC Regular Meeting Dec 13-- 6:55pm -- HRA Regular Meeting Dec 13 -- 7:00pm -- CC Regular Meeting Dec 27 -- HRA and CC Regular Meetings Canceled City Offices Closed 11 Nov -- Veterans' Day 24 - 25 Nov -- Thanksgiving Weekend City Official's Absences Please notify the City Manager in advance of an absence. Some votes require more than a simple majority and Staff needs to plan accordingly. Inquire in advance, please...... Council members are asked to call or email their questions in advance of a public meeting so that more research may be done or additional infonnation may be provided that will assist in your quality decision- making. YEAR BATCH NAME DOLLAR AMOUNT 2016 101016FIRE $ 7311000.00 2016 0915HOISINGT $ 21532.86 2016 101316CTYMAN $ 61355.22 2016 102016CTYMAN $ 355.62 2016 102516CITY $ 72,303.03 2016 102516HWS $ 50,442.33 2016 0916KENGRAV $ 2,919.50 ,�� TOTAL• -2568- CITY OF MOUND Payments Current Period: October 2016 Batch Name 101016FIRE User Dollar Amt $731,000.00 Payments Computer DollarAmt $731,000.00 Refer 1 FIRE SAFETY USA, INCORPORATE Cash Payment E 222-42260-500 Capital Outlay FA Invoice 93490 9/28/2016 Transaction Date 10/10/2016 Fund Summary $0.00 In Balance 1 011 0/16 11:11 AM Page 1 NEW FIRE APPARATUS- E -ONE HP78- UNIT $731,000.00 #44 -AERIAL LADDER TRUCK Wells Fargo 10100 Total $731,000.00 10100 Wells Fargo 222 AREA FIRE SERVICES $731,000.00 $731,000.00 Pre -Written Checks $0.00 Checks to be Generated by the Computer $731,000.00 Total $731,000.00 -2569- e 0 'I I Payments Current Period: October 2016 10/20/15 11:25 AM Page 1 Batch Name 0915HOISINGT User Dollar Amt $2,532.86 Payments Computer Dollar Amt $2,532.86 $0.00 In Balance _Refer _ 9 HOISINGTON KOEGLER GROUP,/ _ Cash Payment E 101-42400-300 Professional Srvs MISC PLANNING SVCS SEPT 2016 $956.25 Invoice 007-001-100 10/8/2016 Cash Payment G 101-23402 1575 BLUEBIRD VAR+EXP 1575 BLUEBIRD LN VARIANCE & EP- PC 16- $376.34 28,29 MISC PLANNING SVCS SEPT 2016 Invoice 015-015-18 10/8/2016 Cash Payment G 101-26068 PC16-31 4804-4820 NORTH 4804 NORTHERN RD SKETCH PLAN MISC $47.50 PLANNING SVCS SEPT 2016 Invoice 015-015-18 10/8/2016 Cash Payment G 101-23360 SERENITY HILLS 6639 BARTLETT BLVD- SERENITY HILLS ON $1,152.77 HALSTEAD BAY PDA CUP VARIANCE - REZONING, COMP PLAN AMENDMENT - PLANNING SVCS SEPT 2016 Invoice 015-015-18 10/8/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $2,532.86 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $2,532.86 $2,532.86 Pre -Written Checks $0.00 Checks to be Generated by the Computer $2,532.86 Total $2,532.86 -2570- CITY OF MOUND Payments Current Period: October 2016 Batch Name 101316CTYMAN User Dollar Amt $6,355.22 Payments Computer Dollar Amt $6,355.22 $0.00 In Balance Refer_ _ _ 1 CARQUEST OF NAVARRE (PAN) - Cash Payment E 602-49450-220 Repair/Maint Supply LUBE -GENERATOR Invoice 6974-278900 9/2/2016 Project 16-3 Cash Payment E 101-43100-220 Repair/Maint Supply '07 DODGE DAKOTA #407 BRAKE ROTOR & PADS Invoice 6974-278904 9/2/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-278905 9/2/2016 Cash Payment E 602-49450-220 Repair/Maim Supply Invoice 6974-279020 9/6/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-279260 9/9/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-279298 9/9/2016 Cash Payment E 101-43100-220 Repair/Maint Supply Invoice 6974-279644 9/15/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-279715 9/16/2016 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 6974-279718 9/16/2016 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 6974-279741 9/16/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-279769 9/16/2016 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 6974-279774 9/16/2016 Cash Payment E 101-43100-220 Repair/Maint Supply TOW RECEIVER PINS- 3 QTY Project 16-3 BLUE GENERATOR- BATTERIES & 1/4 IN SAFETY PIN -TOWING GENERATORS- LUBE & OIL 5X30 Project 16-3 DRAIN PLUG EMERALD LIFT STATION GENERATOR UNIT #34 BATTERY- STREETS GENERATORS- LUBE & AIR FILTER Project 16-3 BATTERY JOHN DEERE TRACTOR -PARKS DEPT PARKS TRACTOR #210- DIESEL EXHAUST FLUID 2.5 GAL STOCK- TRAILER CONNECTOR, IN-LINE FUSE HOLDER, RELAY ACCESSORY Project 16-3 SUMACH LIFT STATION- OIL FILTERS #204 STREETS VEHICLE -OIL, AIR & FUEL FILTERS 10/13/16 11:56 AM Page 1 $11.90 $115.28 $18.21 $97.09 $40.70 $2.68 $84.41 $43.22 $105.18 $55.16 $39.00 $6.08 $33.25 Invoice 6974-280186 9/23/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $652.16 Refer m..�, 17 G & K SERVICES Cash Payment E 602-49450-210 Operating Supplies MAT SVC & SHOP SUPPLIES 9-26-16 $170.52 Invoice 1006111557 9/26/2016 Project 16-3 Cash Payment E 602-49450-210 Operating Supplies MAT SVC & SHOP SUPPLIES 10-3-16 $473.49 Invoice 1006122797 10/3/2016 Project 16-3 Transaction Date 10/13/2016 Wells Fargo 10100 Total $644.01 Refer 16 G & K SERVICES Cash Payment E 101-45200-218 Clothing and Uniforms Invoice 1006877948 9/5/2016 Cash Payment E 101-45200-210 Operating Supplies Invoice 1006877948 9/5/2016 UNIFORM SVC 9-5-16 PARKS MAT SVC & SHOP SUPPLIES 9-5-16 PARKS -2571- $20.79 $84.18 CITY OF MOUND Payments Current Period: October 2016 10/13/16 11:56 AM Page 2 Refer 18 G & K SERVICES Cash Payment E 609-49750-460 Janitorial Services Invoice 1006111554 9/26/2016 Cash Payment E 609-49750-460 Janitorial Services Invoice 1006122791 10/3/2016 Cash Payment E 609-49750-460 Janitorial Services Invoice 1006133978 10/10/2016 Transaction Date 10/13/2016 HWS -MAT SVC & SUPPLIES 9-26-16 HWS -MAT SVC & SUPPLIES 10-3-16 HWS -MAT SVC & SUPPLIES 10-10-16 Wells Fargo 10100 Refer 3 GPRS _ Cash Payment E 101-41500-434 Conference & Training GPRS GOVT PAYROLL SEMINAR C. ROBERTS OCT 27, 2016 Invoice 101213 10/12/2013 P024805 Transaction Date 10/12/2016 Refer 8 JUBILEE FOODS Cash Payment E 101-41910-220 Repair/Maint Supply Invoice 093016 9/7/2016 Cash Payment E 101-45200-232 Landscape Material Invoice 093016 9/14/2016 Cash Payment E 101-45200-232 Landscape Material Invoice 093016 9/15/2016 Cash Payment E 101-41310-431 Meeting Expense Invoice 093016 9/15/2016 Cash Payment E 101-41310-431 Meeting Expense Invoice 093016 9/28/2016 Cash Payment G 222-22801 Deposits/Escrow Invoice 093016 9/16/2016 Cash Payment E 609-49750-210 Operating Supplies Invoice 093016 9/16/2016 Cash Payment E 609-49750-210 Operating Supplies Invoice 093016 9/29/2016 $109.15 $109.15 $153.50 Total $371.80 $50.00 Wells Fargo 10100 Total $50.00 JOHNNY'S OUTDOOR- MUM PLANTS, $58.00 ORNAMENTAL GRASS- CENTENNIAL BLDG PLANTERS JOHNNY'S OUTDOOR- MUM PLANTS, $155.16 ORNAMENTAL GRASS- WELCOME ENTRANCE TO MOUND AREA- ETC PLANTINGS JOHNNY'S OUTDOOR- MUM PLANTS, $28.98 ORNAMENTAL GRASS- WELCOME ENTRANCE TO MOUND AREA- ETC PLANTINGS EMPLOYEE ANNUAL OPEN ENROLLMENT $47.91 BENEFIT ELECTION MTG TREATS- 9-15-16 COOKIES- 16TH ANNUAL FLU SHOT $21.45 WORKSITE CLINIC- 9-28-16 FIRE RELIEF- REIMBURSED BEVERAGES- $44.77 POTATOES --ITEMS FOR ANNUAL STEAK FRY APPRECIATION DINNER 9-17-16 FIRST AID SUPPLIES- HWS $4.49 DOG TREAT BISCUITS- HWS $2.13 -2572- Cash Payment E 101-45200-218 Clothing and Uniforms UNIFORM SVC 9-26-16 PARKS $20.79 Invoice 1006111599 9/26/2016 Cash Payment E 101-45200-210 Operating Supplies MAT SVC & SHOP SUPPLIES 9-26-16 PARKS $103.49 Invoice 1006111599 9/26/2016 Cash Payment E 101-45200-218 Clothing and Uniforms UNIFORM SVC 10-3-16 PARKS $20.79 Invoice 1006122799 10/3/2016 Cash Payment E 101-45200-210 Operating Supplies MAT SVC & SHOP SUPPLIES 10-3-16 PARKS $84.18 Invoice 1006122799 10/3/2016 Transaction Date 10/13/2016 Wells Fargo 10100 Total $334.22 Refer 18 G & K SERVICES Cash Payment E 609-49750-460 Janitorial Services Invoice 1006111554 9/26/2016 Cash Payment E 609-49750-460 Janitorial Services Invoice 1006122791 10/3/2016 Cash Payment E 609-49750-460 Janitorial Services Invoice 1006133978 10/10/2016 Transaction Date 10/13/2016 HWS -MAT SVC & SUPPLIES 9-26-16 HWS -MAT SVC & SUPPLIES 10-3-16 HWS -MAT SVC & SUPPLIES 10-10-16 Wells Fargo 10100 Refer 3 GPRS _ Cash Payment E 101-41500-434 Conference & Training GPRS GOVT PAYROLL SEMINAR C. ROBERTS OCT 27, 2016 Invoice 101213 10/12/2013 P024805 Transaction Date 10/12/2016 Refer 8 JUBILEE FOODS Cash Payment E 101-41910-220 Repair/Maint Supply Invoice 093016 9/7/2016 Cash Payment E 101-45200-232 Landscape Material Invoice 093016 9/14/2016 Cash Payment E 101-45200-232 Landscape Material Invoice 093016 9/15/2016 Cash Payment E 101-41310-431 Meeting Expense Invoice 093016 9/15/2016 Cash Payment E 101-41310-431 Meeting Expense Invoice 093016 9/28/2016 Cash Payment G 222-22801 Deposits/Escrow Invoice 093016 9/16/2016 Cash Payment E 609-49750-210 Operating Supplies Invoice 093016 9/16/2016 Cash Payment E 609-49750-210 Operating Supplies Invoice 093016 9/29/2016 $109.15 $109.15 $153.50 Total $371.80 $50.00 Wells Fargo 10100 Total $50.00 JOHNNY'S OUTDOOR- MUM PLANTS, $58.00 ORNAMENTAL GRASS- CENTENNIAL BLDG PLANTERS JOHNNY'S OUTDOOR- MUM PLANTS, $155.16 ORNAMENTAL GRASS- WELCOME ENTRANCE TO MOUND AREA- ETC PLANTINGS JOHNNY'S OUTDOOR- MUM PLANTS, $28.98 ORNAMENTAL GRASS- WELCOME ENTRANCE TO MOUND AREA- ETC PLANTINGS EMPLOYEE ANNUAL OPEN ENROLLMENT $47.91 BENEFIT ELECTION MTG TREATS- 9-15-16 COOKIES- 16TH ANNUAL FLU SHOT $21.45 WORKSITE CLINIC- 9-28-16 FIRE RELIEF- REIMBURSED BEVERAGES- $44.77 POTATOES --ITEMS FOR ANNUAL STEAK FRY APPRECIATION DINNER 9-17-16 FIRST AID SUPPLIES- HWS $4.49 DOG TREAT BISCUITS- HWS $2.13 -2572- CITY OF MOUND Payments 10/13/16 11:56 AM Page 3 Current Period: October 2016 :,. ,J1,m�.a'TSa",M:�t..v::Sru�"%�&\�"��1'ntiCt"a�a'':� '1k', ".'. . •�:-.3�:'4. Cash Payment E 101-41930-210 Operating Supplies AA BATTERIES- CITY HALL $5.49 Invoice 093016 9/28/2016 Cash Payment E 609-49750-340 Advertising HOT DOGS, CONDIMENTS, CUPS, NAPKINS- $155.74 OCTOBERFEST EVENT- 9-29-16- ROTARY GRILLED Invoice 093016 9/29/2016 Transaction Date 10/12/2016 Refer 11 KELLY KEVIN Cash Payment E 101-41410-331 Use of personal auto Invoice 101316 10/10/2016 Cash Payment E 281-45210-331 Use of personal auto Wells Fargo 10100 Total $524.12 REIMS MILEAGE- K. KELLY- ELECTION $7.72 TRAINING- MINNETRISTA CITY HALL 10-5-16 REIMS MILEAGE- K. KELLY- DOCK $11.02 INSPECTIONS- 9-2-16 THRU 10-3-16 Invoice 101316 10/10/2016 Transaction Date 10/13/2016 Wells Fargo 10100 Total Refer .10 MEISEL PAT Cash Payment E 101-43100-440 Other Contractual Servic 2015-2016 CBD PARKING NET REFUND- P. MEISEL Invoice 101316 10/7/2016 Transaction Date 10/13/2016 Wells Fargo 10100 Total Refer 4MINNESOTA, UNIVERSITY OF --- 12 SCHMIDT EDWARD Cash Payment E 602-49450-434 Conference & Training AMERICAN PUBLIC WORKS ASSOC FALL CONFERENCE- U OF M ST. PAUL- NOV 17- 18 2016- R. HANSON Invoice 101216 10/12/2016 Project 16-3 Cash Payment E 101-41310-434 Conference & Training AMERICAN PUBLIC WORKS ASSOC FALL CONFERENCE- U OF M ST. PAUL- NOV 17- 18 2016- R. HANSON Invoice 101216 10/12/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total Refer 2 NAPA AUTO PARTS SPRING PAR Cash Payment E 602-49450-220 Repair/Maint Supply LIFT STATION GENERATORS- MOBIL OIL 5W30 - 72 QUARTS- CARLOW, GLEN ELYN, SUMACH Invoice 995467 9/16/2016 Transaction Date 10/12/2016 Refer --- 12 SCHMIDT EDWARD Cash Payment E 401-43115-300 Professional Srvs Invoice 101316 10/12/2016 Transaction Date 10/13/2016 Refer 5 TRUE VALUE HWS Cash Payment E 609-49750-210 Operating Supplies Invoice 138008 9/8/2016 Cash Payment E 609-49750-210 Operating Supplies Project 16-3 Wells Fargo 10100 Total REIMBURSEMENT- LANDSCAPE REPAIR - GRADE, TOPSOIL, SOD- 2015 GRANDVIEW STREET IMPROV PROD PW 15-01- E. SCHMIDT 2128 GRANDVIEW BLVD. Project PW1501 Wells Fargo 10100 Total GAL NATURAL CLEANER, DELIMER, GE 6 PK 65W FLOOD LIGHTS- HWS WEBER 12" GRILL BRUSH- OCTOBERFEST EVENT- HWS Invoice 138572 9/29/2016 -2573- $18.74 $1,643.62 $1,643.62 $245.00 $245.00 $490.00 $416.88 $416.86 $456.00 $456.00 $56.72 $10.57 CITY OF MOUND 10/13/1611:56 AM Page 4 Payments Current Period: October 2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $67.29 Refer 6 TRUE VALUE MOUND (FIRE) Cash Payment E 222-42260-210 Operating Supplies 15A 125V ARMORED PLUG, 15A RESID HD $10.33 PLUG- FIRE DEPT Invoice 137904 9/3/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $10.33 Refer4�Y 7 TRUE VALUE, MOUND (PW PKS)�� Cash Payment E 285-46388-210 Operating Supplies GE 23W 4' FLUORESCENT TUBE- PARKING $8.62 DECK Invoice 137856 9/1/2016 Cash Payment E 602-49450-220 Repair/Maint Supply SCREWS, NUTS, BOLTS $16.36 Invoice 137863 9/1/2016 Cash Payment E 601-49400-220 Repair/Maint Supply CIRC ALERT WIRESTRIPPER- WATER DEPT $26.09 Invoice 138040 9/9/2016 Cash Payment E 601-49400-220 Repair/Maint Supply SCREWS, NUTS, BOLTS $1.21 Invoice 138098 9/12/2016 Cash Payment E 601-49400-322 Postage UPS GROUND SHIPPING CHG- TO $16.43 ENVIRONMENTAL LAB- DEPT OF HEALTH Invoice 138098 9/12/2016 Cash Payment E 101-43100-220 Repair/Maint Supply SCREWS, NUTS, BOLTS $2.07 Invoice 138166 - 9/14/2016 Cash Payment E 602-49450-210 Operating Supplies FOAM HAND SOAP, LIQUID GOLD HAND $9.86 SOAP- PUB WKS SHOP Invoice 138177 9/15/2016 Project 16-3 Cash Payment E 601-49400-210 Operating Supplies 16 OZ SPRAY ADHESIVE- WATER DEPT $10.79 Invoice 138201 9/16/2016 Cash Payment E 602-49450-210 Operating Supplies 2 PK 7W WHITE LED BULBS- PUB WKS SHOP $43.98 Invoice 138204 9/16/2016 Project 16-3 Cash Payment E 101-45200-210 Operating Supplies SCREWS, NUTS, BOLTS- PARKS SHOP $1.84 Invoice 138207 9/16/2016 Cash Payment E 101-45200-210 Operating Supplies 13' RATCH TIE DOWN, 1 GAL LD TANK $26.08 SPRAYER Invoice 138330 9/21/2016 Cash Payment E 101-45200-210 Operating Supplies WHITE TOILET SEAT- DEPOT BLDG $10.79 Invoice 138389 9/23/2016 Cash Payment E 101-45200-210 Operating Supplies PRICE DIFFERENCE- WHITE ELONGATED $8.10 TOILET SEAT- DEPOT BLDG Invoice 138391 9/23/2016 Cash Payment E 285-46388-210 Operating Supplies GE 26W FLUORESCENT BULB $25.18 Invoice 138437 9/26/2016 Cash Payment E 101-43100-220 Repair/Maint Supply 1/2" x 250' WHITE NYLON CORD $16.25 Invoice 138473 9/27/2016 Cash Payment E 101-45200-210 Operating Supplies GLADE FRESHENER- PARKS $2.68 Invoice 138487 9/27/2016 Cash Payment E 101-45200-322 Postage UPS SHIPPING CHGS- PARKS DEPT $32.36 Invoice 138487 9/27/2016 Cash Payment E 101-45200-210 Operating Supplies 8 PK C ALK BATTERIES, MESH GLOVES, $73.75 SUEDE GLOVE, COW/PIG GLOVE- PARKS DEPT Invoice 138506 9/28/2016 -2574- CITY OF MOUND Payments Current Period: October 2016 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 138521 9/28/2016 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 138525 9/28/2016 Transaction Date 10/12/2016 Refer 9 UNIFIRST CORPORATION 26" POLY LEAF RAKE, 24" CLOG FREE LEAF RAKE -PARKS RETURN 26" POLY LEAF RAKE- DEFECTIVE - 21" LAWN RAKE/28 TINES- PARKS Wells Fargo 10100 Total Cash Payment E 101-45200-218 Clothing and Uniforms UNIFORM SVC PARKS 9-21-16 Invoice 0900324020 9/21/2016 Cash Payment E 101-45200-218 Clothing and Uniforms UNIFORM SVC PARKS 9-28-16 Invoice 0900325074 9/28/2016 Cash Payment E 101-45200-218 Clothing and Uniforms UNIFORM SVC PARKS 10-05-16 Invoice 0900326143 10/5/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Refer 15 UNIFIRST CORPORATION 10/13/16 11:56 AM Page 5 $33.28 $17.10 $382.82 $44.99 $44.99 $44.99 Total $134.97 Cash Payment E 602-49450-218 Clothing and Uniforms UNIFORM SVC PUBLIC WORKS 10-05-16 Invoice 0900326142 10/5/2016 Cash Payment E 601-49400-218 Clothing and Uniforms UNIFORM SVC PUBLIC WORKS 10-05-16 Invoice 0900326142 10/5/2016 Cash Payment E 101-43100-218 Clothing and Uniforms UNIFORM SVC PUBLIC WORKS 10-05-16 Invoice 0900326142 10/5/2016 Transaction Date 10/13/2016 Wells Fargo 10100 Total Refer 14 UNIFIRST CORPORATION _ Cash Payment E 602-49450-218 Clothing and Uniforms UNIFORM SVC PUBLIC WORKS 9-28-16 Invoice 0900325073 9/28/2016 Cash Payment E 601-49400-218 Clothing and Uniforms UNIFORM SVC PUBLIC WORKS 9-28-16 Invoice 0900325073 9/28/2016 Cash Payment E 101-43100-218 Clothing and Uniforms UNIFORM SVC PUBLIC WORKS 9-28-16 Invoice 0900325073 9/28/2016 Transaction Date 10/13/2016 Wells Fargo 10100 Total Refer 13 UNIFIRST CORPORATION Cash Payment E 602-49450-218 Clothing and Uniforms UNIFORM SVC PUBLIC WORKS 9-21-16 Invoice 0900324019 9/21/2016 Cash Payment E 601-49400-218 Clothing and Uniforms UNIFORM SVC PUBLIC WORKS 9-21-16 Invoice 0900324019 9/21/2016 Cash Payment E 101-43100-218 Clothing and Uniforms UNIFORM SVC PUBLIC WORKS 9-21-16 Invoice 0900324019 9/21/2016 Transaction Date 10/13/2016 Wells Fargo 10100 -2575- Total $5.70 $5.69 $5.69 $17.08 $20.96 $15.46 $34.17 $70.59 $20.96 $15.46 $34.17 $70.59 r4fik"WeTsTrolim Payments Current Period: October 2016 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $3,424.13 222 AREA FIRE SERVICES $55.10 281 COMMONS DOCKS FUND $11.02 285 MOUND HRA $33.80 401 GENERAL CAPITAL PROJECTS $456.00 601 WATER FUND $91.13 602 SEWER FUND $1,682.59 609 MUNICIPAL LIQUOR FUND $601.45 $6,355.22 Pre -Written Checks $0.00 Checks to be Generated by the Computer $6,355.22 Total $6,355.22 -2576- 10/13/16 11:56 AM Page 6 CITY OF MOUND Payments FundSummary 10100 Wells Fargo 101 GENERAL FUND $355.62 $355.62 Pre -Written Checks $0.00 Checks to be Generated by the Computer $355.62 Total $355.62 -2577- 10/20/16 1:33 PM Page 1 $186.28 $186.28 $85.90 $85.90 $83.44 $83.44 Current Period: October 2016 Batch Name 102016CTYMAN User Dollar Amt $355.62 Payments Computer Dollar Amt $355.62 $0.00 In Balance Refer 1 BENZ, SCOTT Cash Payment E 101-42110-430 Miscellaneous REIMB TOWING COSTS- CONSTRUCTION VEHICLE PARKED ON LEGAL SIDE OF STREET- NO WARNING TAG- S. BENZ Invoice 102516 10/17/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Tota Refer ..,,. .,.2 MEDlACOM«v,.�,. Cash Payment E 101-42110-321 Telephone, Cells, & Radi ORONO PD INTERNET SVC 10-16-16 THRU 11-15-16 Invoice 102516 10/6/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total Refer ». 3 TREBIL JESSE FOUNDATION.Ww��..m.w«,. Cash Payment R 101-42000-32210 Building Permits REFUND 80% BLDG PERMIT FEE BP# 2016- 00087- WORK NOT DONE -5911 HAWTHORNE RD- J. TREBIL FOUNDATION Invoice 102516 10/17/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total FundSummary 10100 Wells Fargo 101 GENERAL FUND $355.62 $355.62 Pre -Written Checks $0.00 Checks to be Generated by the Computer $355.62 Total $355.62 -2577- 10/20/16 1:33 PM Page 1 $186.28 $186.28 $85.90 $85.90 $83.44 $83.44 CITY OF MOUND Payments Current Period: October 2016 Batch Name 102516CITY User Dollar Amt $72,303.03 Payments Computer Dollar Amt $72,303.03 $0.00 In Balance Refer _ 35 ANC -OM COMMUNICATIONS _ Cash Payment E 222-42260-325 Pagers -Fire Dept. MINITOR V REPLACE PAGER BATTERY & REPAIR- FIRE DEPT Invoice 63253 9/29/2016 Cash Payment E 222-42260-325 Pagers -Fire Dept. Invoice 63254 9/29/2016 Cash Payment E 222-42260-325 Pagers -Fire Dept. Invoice 63255 9/29/2016 Cash Payment E 222-42260-325 Pagers -Fire Dept. Invoice 63256 9/29/2016 Transaction Date 10/20/2016 Refer SECURITY INC. ___2 Cash Payment _ASSURED E 101-41910-220 Repair/Maint Supply MINITOR V PAGER REPAIR- REPLACE RXER BOARD & RESET PAD & RE -PROGRAM - FIRE DEPT MINITOR V PAGER REPAIR- REPLACE SPEAKER, RESET PAD - FIRE DEPT MINITOR V PAGER REPAIR- FELL IN WATER- REPLACE FUNCTION- RESET PAD - FIRE DEPT Wells Fargo 10100 Total CUT 13 DUPLICATE KEYS, RE -KEY 2 OFFICE DOOR LOCKS & BREAKROOM DOOR IN LMCD SPACE, REKEY LEVEL 2 UTILITY ROOM- CENTENNIAL BLDG 10/20/16 2:54 PM Page 1 $211.50 $118.00 $118.00 $118.00 $565.50 $272.00 Invoice 75432 9/30/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $272.00 Refer � 4BERRY COFFEE COMPANY��,�.»ko.�,w...,,,...,.,�,�,�.�.a...«,,,�.-..�..,,.....�.�.,..�,-.a,.,..��,W�.,.�, Cash Payment E 222-42260-210 Operating Supplies BUYOUT OF LEASE TERM- FIRE DEPT $150.00 COFFEE MACHINE Invoice 171151 10/4/2016 Transaction Date 10/20/2016 Refer 1 BRAKEM_E_ IER PROPERTIES, INC. Cash Payment G 101-22801 Deposits/Escrow Invoice 102516 10/13/2016 Transaction Date 10/13/2016 Refer 32 BRAUN INTER_ TEC Cash Payment E 401-43116-500 Capital Outlay FA Wells Fargo 10100 Total REFUND OVERPAYMENT UTILITIES -5749 GRANDVIEW BLVD- BRAKEMEIER PROPERTIES INC: NOT SENT TO OPUS Wells Fargo 10100 2016 STREET IMPROV PROD PW 16-01 BARTLETT BLVD -CONSTRUCTION MATERIALS TESTING $150.00 $255.00 Total $255.00 $4,679.00 Invoice 6073242 10/7/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $4,679.00 Refer_ �_ 37 CANON FINANCIAL SERVICES, IN Cash Payment E 222-42260-202 Duplicating and copying FIRE DEPT GRAPHICS COPIER RENTAL $31.75 FEE SEPT 2016 Invoice 16609736 10/13/2016 Cash Payment E 222-42260-202 Duplicating and copying FIRE DEPT GRAPHICS COPIER RENTAL $31.75 FEE OCT 2016 Invoice 16609736 10/13/2016 -2578- CITY OF MOUND Payments 10/20/16 2:54 PM Page 2 Refer 6 DU_RKIN, DAVID Cash Payment E 101-45200-440 Other Contractual Servic SURFSIDE PARK WORK- EXCAVATE& CREATE PROPER DRAINAGE FOR WATER FLOW, HAUL DEBRIS, MODIFY AREA, ADD DIRT, STRAW, SEED Invoice 102516 10/20/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Refer 7 FIRSTLAB $3,835.00 Total $3,835.00 CashPayment Current Period: October 2016 DOT RANDOM DRUG SCREENS $47.95 Invoice FL00158616 10/10/2016 Transaction Date 10/20/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $63.50 Refer 5 CENTERPOIN_T ENERGY (MINNEG Cash Payment E 222-42260-300 Professional Srvs FIT TEST FIREFIGHTERS FOR 2016- QTY -36 _ Cash Payment E 101-41930-383 Gas Utilities GAS SVC 8-18-16 TO 9-19-16 $51.64 Invoice 102516 10/7/2016 Wells Fargo 10100 Total $936.00 Refer_ Cash Payment E 222-42260-383 Gas Utilities GAS SVC 8-18-16 TO 9-19-16 Cash Payment $51.63 Invoice 102516 10/7/2016 SEPT 2016 Cash Payment E 101-45200-383 Gas Utilities GAS SVC 8-18-16 TO 9-19-16 Project 16-3 $61.11 Invoice 102516 10/7/2016 FIRE DEPT RADIO LEASE & $926.67 Cash Payment E 101-41910-383 Gas Utilities GAS SVC 8-18-16 TO 9-19-16 Invoice 1000082119 $364.11 Invoice 102516 10/7/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total ..,,,.w..,.h...»_...a.,..a.....-..w,w,.�.x...,„,..,..• Cash Payment E 602-49450-383 Gas Utilities GAS SVC 8-18-16 TO 9-19-16 _,w»�...,a., .....,w,.. $53.25 Invoice 102516 10/7/2016 ABSTRACT & TORRENS RECORDING -HENN Project 16-3 Cash Payment E 609-49750-383 Gas Utilities GAS SVC 8-18-16 TO 9-19-16 Invoice 102516 $26.65 Invoice 102516 10/7/2016 Cash Payment G 101-26067 PC -16-30 5010 WOODLAND ABSTRACT & TORRENS RECORDING -HENN Cash Payment E 101-45200-383 Gas Utilities GAS SVC 8-18-16 TO 9-19-16- DEPOT BLDG $34.04 Invoice 102516 10/7/2016 9/30/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $642.43 Refer 6 DU_RKIN, DAVID Cash Payment E 101-45200-440 Other Contractual Servic SURFSIDE PARK WORK- EXCAVATE& CREATE PROPER DRAINAGE FOR WATER FLOW, HAUL DEBRIS, MODIFY AREA, ADD DIRT, STRAW, SEED Invoice 102516 10/20/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Refer 7 FIRSTLAB $3,835.00 Total $3,835.00 CashPayment E 101-43100-305 Medical Services DOT RANDOM DRUG SCREENS $47.95 Invoice FL00158616 10/10/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $47.95 Refer 33 FIT TEST, INCORPORATED Cash Payment E 222-42260-300 Professional Srvs FIT TEST FIREFIGHTERS FOR 2016- QTY -36 $936.00 Invoice 843 10/12/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $936.00 Refer_ 8 HENNEPIN COUNTY INFORMATIO Cash Payment E602-49450-321 Telephone, Cells, & Radi PW RADIO LEASE & ADMINISTRATION FEE - $148.64 SEPT 2016 Invoice 1000082185 10/5/2016 Project 16-3 Cash Payment E 222-42260-321 Telephone, Cells, & Radi FIRE DEPT RADIO LEASE & $926.67 ADMINISTRATION FEE - SEPT 2016 Invoice 1000082119 10/4/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total ..,,,.w..,.h...»_...a.,..a.....-..w,w,.�.x...,„,..,..• $1,075.31 Refer 9 HENNEPIN COUNTY RECORDER _,w»�...,a., .....,w,.. Cash Payment G 101-23346 PC 15-26 5000 TUXEDO BL ABSTRACT & TORRENS RECORDING -HENN $48.00 CTY-PC 15-26- 5000 TUXEDO BLVD Invoice 102516 9/30/2016 Cash Payment G 101-26067 PC -16-30 5010 WOODLAND ABSTRACT & TORRENS RECORDING -HENN $46.00 CTY-PC 16-30- 5010 WOODLAND RD Invoice 102516 9/30/2016 -2579- r • ll•= l,a Payments Current Period: October 2016 10/20/16 2:54 PM Page 3 ..2T Cash Payment G 101-23330 PC -15-11 5139 Waterbury R ABSTRACT & TORRENS RECORDING -HENN $48.00 CTY-PC 15-11- 5139 WATERBURY RD Invoice 102516 9/30/2016 Transaction Date 10/20/2016 Refer 10 HOME DEPOT CREDIT (FIRE) Cash Payment E 222-42260-210 Operating Supplies Invoice 3053881 10/12/2016 Cash Payment E 222-42260-210 Operating Supplies Invoice 7014883 10/8/2016 Transaction Date 10/20/2016 Refer 11 HO VERSTEN, ERIC Cash Payment E 101-41310-331 Use of personal auto Wells Fargo 10100 Total $142.00 DIGITAL ALARM 2 PK, FIRE EXTINGUISHER- $104.80 RECREATIONAL, INOIZATION SMOKE ALARM, 120V CO ALARM- FIRE DEPT 2 X 4 X 10 BOARDS, PVC PIPE, FITTINGS, $159.96 PRIME WHITEWOOD STUD, 8 FT CLOSET ROD, KNIT POLY ROLL 3 PK, HEX NUTS, WASHERS, MACHINE SCREWS- FIRE DEPT Wells Fargo 10100 Total $264.76 REIMB MILEAGE- PLANNING MTG @ $27.00 MCWD- MTKA & CITY MGRS MTG @ MTKA CITY HALL - E. HOVERSTEN SEPT 20-22, 2016 Invoice 102516 10/10/2016 5' FORM SEAL HOSE CLAMP- PUB WKS Transaction Date 10/20/2016 Wells Fargo 10100 Refer 13 LAKE MINNETONKA CONSERVATI_,...,.,r.m.„.„,.„�..„.,,�,.,�„�,„_.e....�. 10/20/2016 Cash Payment E 101-41110-433 Dues and Subscriptions 4TH OTR 2016 LMCD LEVY PAYMENT Invoice 102516 8/25/2016 Transaction Date 10/20/2016 Wells Fargo 10100 «��.,«,,..�.,...�.......,a.�. Refer 14 LA WSON PRODUCTS, INCA Total $27.00 $4,890.00 Total $4,890.00 Cash Payment E 602-49450-220 Repair/Maint Supply 5' FORM SEAL HOSE CLAMP- PUB WKS $15.50 Invoice 9304416483 10/4/2016 Project 16-3 Transaction Date 10/20/2016 Wells Fargo 10100 Total $15.50 Refer � 16 LOFFLER COMPANIES,�INCORPOR Cash Payment E 101-41930-202 Duplicating and copying COPY ROOM KONICA C652 - COLOR $55.82 OVERAGE - 9-14-16 THRU 10-13-16 Invoice 2348191 10/11/2016 Cash Payment E 101-41930-202 Duplicating and copying COPY ROOM KONICA C652 - B & W $220.07 OVERAGE - 9-14-16 THRU 10-13-16 Invoice 2348191 10/11/2016 Cash Payment E 602-49450-202 Duplicating and copying KONICA MINOLTA 8200 PW COPIER $2.67 OVERAGE CHG 9-10-16 THRU 10-9-16 Invoice 2343058 10/5/2016 Project 16-3 Transaction Date 10/20/2016 Wells Fargo 10100 Total $278.56 Refer_ 15 LOFFLER COMPANIES, INCORPOR Cash Payment E 101-42400-202 Duplicating and copying KONICA MINOLTA HP3035 FINANCE/P &1 $100.65 COPIER B & WHIT COPIES 7-20-16 THRU 10- 19-16 Invoice 2346971 10/10/2016 Cash Payment E 101-41500-202 Duplicating and copying KONICA MINOLTA HP3035 FINANCE/P &1 $100.65 COPIER B & WHT COPIES 7-20-16 THRU 10- 19-16 Invoice 2346971 10/10/2016 -2580- [arr-ca�ll,�.mr� Payments Current Period: October 2016 Cash Payment E 101-42400-202 Duplicating and copying PRINTER HP4100 P&I COPIER B & WHT COPIES 7-20-16 THRU 10-19-16 Invoice 2346971 10/10/2016 Transaction Date 10/20/2016 10/20/16 2:54 PM Page 4 $39.61 Due 12/31/2013 Wells Fargo 10100 Total $240.91 Refer _ _ 21 MAAS, JASON Cash Payment E 222-42260-434 Conference & Training Invoice 102516 10/18/2016 Transaction Date 10/20/2016 REIMB- MN FIRE CERTIFICATION BOARD $140.00 FIRE APPARATUS OPERATOR TEST FEE- J. MAAS Wells Fargo 10100 Total $140.00 Refer 17 MIDWEST SERVICES Cash Payment E 602-49450-440 Other Contractual Servic MECHANIC SVCS- SEPT 2016-#214 VAC CON- REFASTEN AIR RELEASE FOR FAN CLUTCH, BAYWOOD SHORES & SCHERVIN GENERATORS- CHANGE OIL & FILTERS, LINES & HOUSING- REPLACE BRAKE PADS & ROTORS ON DODGE DAKOTA #407 Invoice 1291 10/10/2016 Project 16-5 Cash Payment E 602-49450-440 Other Contractual Servic MECHANIC SVCS- SEPT 2016- CHANGE OIL & FILTERS ON 5 NATURAL GAS GENERATORS- INSTALL NEW DRAIN PLUG IN EMERALD GENERATOR Invoice 1291 10/10/2016 Project 16-5 Cash Payment E 602-49450-440 Other Contractual Servic MECHANIC SVCS- SEPT 2016- DISCUSS UPCOMING SNOW REMOVAL EQUIPMENT NEEDS W/ RAY, CHANGE OIL & FILTER @ CARLOW & GLEN ELYN LIFT STATION GENERATORS, INSTALL INVERTER ON TRUCK #113, REPAIR AIR LEAK ON TRUCK #314, REPAIR TRAILER LIGHT WIRING ON BALDOR TRAILER, LOOK AT DURAPATCHER W/ RAY TO DETERMINE VALUE Invoice 1291 10/10/2016 Project 16-5 Cash Payment E 602-49450-440 Other Contractual Servic MECHANIC SVCS- SEPT 2016- ROTATE OLD BLADES ON CHIPPER #204, UNCLOGGED STUCK WOOD CHIP IN ROLLERS, CHANGE OIL & FILTERS, WASH GREASE OFF ENGINE W/DEGREASER $640.00 $640.00 $640.00 $600.00 Invoice 1291 10/10/2016 Project 16-5 Transaction Date 10/20/2016 Wells Fargo 10100 - Total $2,520.00 Refer_ 12 MINNESOTA LABOR INDUSTRY (2)� Cash Payment E 285-46388-430 Miscellaneous TRANSIT RAMP- PARKING DECK- $100.00 ELEVATOR ANNUAL OPERATING PERMIT - 5515 SHORELINE DRIVE Invoice ALR00666901 10/2/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total Refer 27 MINNESOTA UNEMPLOYMENT INS _ Cash Payment E 101-41310-140 Unemployment Comp UNEMPLOYMENT BENEFITS PAID 3RD QTR 2016 K. HANSON Invoice 102516 10/10/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Refer TM 18 MOUND FIRE RELIEF ASSOCIATION ---.-- -2581- $100.00 $2,632.00 Total $2,632.00 CITY OF MOUND 10/20/162:54 PM Page 5 Payments Current Period: October 2016 Cash Payment E 222-42260-124 Fire Pens Contrib OCTOBER 2016 - FIRE RELIEF PENSION $10,416.67 CONTRIBUTION Invoice 10252016 Transaction Date Refer 10/20/2016 10/20/2016 19 OFFICE DEPOT Cash Payment E 609-49750-200 Office Supplies Invoice 869531049001 10/5/2016 PO 23474 Transaction Date 10/20/2016 Refer, 20 OPUS 21 MGMT SOLUTIONS Wells Fargo 10100 Total $10,416.67 LAMINATING POUCHES- HWS $98.44 Wells Fargo 10100 Total $98.44 Cash Payment E 601-49400-307 Admin/Finance/Compute SEPT 2016 -CIS DATA HOSTING, $1,759.54 PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 160954 10/6/2006 Cash Payment E 602-49450-307 Admin/Finance/Compute SEPT 2016 -CIS DATA HOSTING, $1,759.53 PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 160954 10/6/2006 Cash Payment E 601-49400-322 Postage SEPT 2016- UTILITY BILLING POSTAGE $328.60 Invoice 160954 10/6/2006 Cash Payment E 602-49450-322 Postage SEPT 2016- UTILITY BILLING POSTAGE $328.60 Invoice 160954 10/6/2006 _ Transaction Date 10/20/2016 Wells Fargo 10100 Total $4,176.27 Refer- 22 PEDERSON,-GREG��-��-�� Cash Payment E 222-42260-217 Fire Prevention Supplies REIMB- WALMART PLATES, HOT DOG BUNS $55.73 FOR FIRE PREVENTION OPEN HOUSE 10-13- 16-G. PEDERSON Invoice 102516 10/18/2016 _ Transaction Date 10/20/2016 Wells Fargo 10100 Total $55.73 Refer 34 PERFORMANCE PLUS LLC _ Cash Payment E 222-42260-305 Medical Services RESPIRATOR QUALIFIER MEDICAL TESTS $980.00 10-10-16- QTY 35 Invoice 4452LF 10/13/2016 _ Transaction Date 10/20/2016 Wells Fargo 10100 Total $980.00 Refer 23 SCHARBER AND SONS OF LONG L_ Cash Payment E 101-45200-220 Repair/Maint Supply PARKS- MOWER REPAIR PART- TUBE $24.95 Invoice P48634 8/31/2016 Cash Payment E 101-45200-404 Machinery/Equip Repairs PARKS- MOWER REPAIR SERVICE 8-25-16 $100.25 Invoice L11015 8/25/2016 _ Transaction Date 10/20/2016 Wells Fargo 10100 Total $125.20 Refer 24 SUN NEWSPA_PERSHWS ACCT._ _ _ Cash Payment E 609-49750-340 Advertising FALL WINE SALE AD 10-08-16 $846.49 Invoice 418895 10/9/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $846.49 Refer � 25 SUN PATRIOT NEWSPAPER-CITY��_ Cash Payment G 101-26069 PC -16-32 CUP 5200 MAYW LEGAL NTCE- PUB HEARING- COND USE $50.12 PERMIT AMENDMENT- SOJOURN- 52-- MAYWOOD RD -10-15-16 Invoice 419360 10/15/2016 -2582- Cash Payment G 101-23360 SERENITY HILLS Invoice 414897 Transaction Date Refer Cash Payment 10/8/2016 10/20/2016 28-VERIZON WIRELESS 141x01412 JJ10111N 01 Payments Current Period: October 2016 LEGAL NTCE- PUB HEARING- MAJOR SUBDV PRELIM PLAT REVIEW- SERENITY HILLS 6639 BARTLETT BLVD -10-8-16 10/20/16 2:54 PM Page 6 $53.97 Wells Fargo 10100 Total $104.09 E 602-49450-321 Telephone, Cells, & Radi SEWER TRUCK #109 DATACARD SVC 9-11- 16 THRU 10-10-2016 Invoice 9773440066 11/5/2016 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PUB WKS SUPV VEHC #113 R. HANSON DATACARD SVC 9-11-16 THRU 10-10-2016 Invoice 9773440066 11/5/2016 Project 16-3 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PUB WKS JET PACK LAPTOP AIRCARD SVC 9-11-16 THRU 10-10-2016 Invoice 9773440066 11/5/2016 Project 16-3 Cash Payment E 101-42400-321 Telephone, Cells, & Radi FIELD OFFICER DATACARD SVC 9-11-16 THRU 10-10-2016 Invoice 9773440066 11/5/2016 Cash Payment E 101-42115-321 Telephone, Cells, & Radi FIELD OFFICER DATACARD SVC 9-11-16 THRU 10-10-2016 Invoice 9773440066 11/5/2016 Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC FIRE UNIT #42 DUTY OFFICER 9-11-16 THRU 10-10-2016 Invoice 9773440066 11/5/2016 Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC FIRE UNIT #39 RESCUE UTILITY 9-11-16 THRU 10-10-2016 Invoice 9773440066 11/5/2016 Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC FIRE ENGINE #40 9-11-16 THRU 10-10-2016 Invoice 9773440066 11/5/2016 Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC FIRE ENGINE #29 9-11-16 THRU 10-10-2016 Invoice 9773440066 11/5/2016 Cash Payment E 601-49400-321 Telephone, Cells, & Radi WATER TRUCK #315 DATACARD SVC 9-11- 16 THRU 10-10-2016 Invoice 9773440066 11/5/2016 Cash Payment E 601-49400-321 Telephone, Cells, & Radi WATER TRUCK #512 L. GIESE DATACARD SVC 9-11-16 THRU 10-10-2016 Invoice 9773440066 11/5/2016 Transaction Date 10/20/2016 Refer 39 WATER TEK Cash Payment E 101-41930-210 Operating Supplies Invoice 51499 10/18/2016 PO24803 Cash Payment E 101-41910-210 Operating Supplies Invoice 51499 10/18/2016 PO 24803 Cash Payment E 602-49450-210 Operating Supplies Invoice 51499 10/18/2016 PO 24803 $35.01 $35.01 $35.01 $17.51 $17.50 $35.01 $35.01 $35.01 $35.01 $35.01 $35.01 Wells Fargo 10100 Total $350.10 PENTAIR EVERPURE WATER COOLER $158.29 MOUNTING BRACKETS & EVERPURE FILTERS PENTAIR EVERPURE WATER COOLER $158.30 MOUNTING BRACKETS & EVERPURE FILTERS PENTAIR EVERPURE WATER COOLER $158.29 MOUNTING BRACKETS & EVERPURE FILTERS Project 16-3 -2583- 10/20/16 2:54 PM Page 7 Current Period: October 2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $474.88 Refer 29 WEBER, VICKI Cash Payment E 222-42260-217 Fire Prevention Supplies PARTY CITY- CELLO TREAT BAGS & $202.35 COSTCO- HOT DOGS, CHIPS FOR FIRE PREVENTION OPEN HOUSE 10-13-16 - REIMB V. WEBER Invoice 102516 10/19/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $202.35 Refer WIDMER CONSTRUCTION, LLC_�.n,.��,.,„ _30 Cash Payment E 675-49425-440 Other Contractual Servic REPLACE STORM CATCH BASIN @ FINCH $8,395.00 LANE- & REPLACE GATE VALVE @ GLENWOOD 9-1-16 Invoice 4180 10/3/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total ....................w-..,y,�.,..m„w...-....,. $8,395.00 Refer -.....w 31 XCEL ENERGY ...��,..�,�,,...,.�.,.m..,.�....,.,....,�„�.��,.�...�..,,.,,.�....w Cash Payment E 101-43100-381 Electric Utilities ELECTRIC SVC 9-03-16 THRU 10-02-16 CITY $4,739.31 OWNED STREET LIGHTS Invoice 518801932 10/3/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $4,739.31 Refer 38 XCEL ENERGY _ Cash Payment E 101-45200-381 Electric Utilities ELECTRIC SVC - 8-25-16 TO 9-25-16 $148.24 Invoice 520305263 10/13/2016 Cash Payment E 101-45200-381 Electric Utilities ELECTRIC SVC - 8-25-16 TO 9-25-16- DEPOT $56.61 BLDG Invoice 520305263 10/1312016 Cash Payment E 602-49450-381 Electric Utilities ELECTRIC SVC - 8-25-16 TO 9-25-16 $3,956.82 Invoice 520305263 10/13/2016 Cash Payment E 101-43100-381 Electric Utilities ELECTRIC SVC - 8-25-16 TO 9-25-16 $1,769.82 Invoice 520305263 10/13/2016 Cash Payment E 601-49400-381 Electric Utilities ELECTRIC SVC - 8-25-16 TO 9-25-16 $3,892.76 Invoice 520305263 10/13/2016 Cash Payment E 609-49750-381 Electric Utilities ELECTRIC SVC - 8-25-16 TO 9-25-16 $2,018.83 Invoice 520305263 10/13/2016 Cash Payment E 101-41930-381 Electric Utilities ELECTRIC SVC - 8-25-16 TO 9-25-16 $1,409.26 Invoice 520305263 10/13/2016 Cash Payment E 222-42260-381 Electric Utilities ELECTRIC SVC - 8-25-16 TO 9-25-16 $1,409.26 Invoice 520305263 10/13/2016 Cash Payment E 101-41910-381 Electric Utilities ELECTRIC SVC - 8-25-16 TO 9-25-16 $1,495.02 Invoice 520305263 10/13/2016 Cash Payment E 285-46388-381 Electric Utilities ELECTRIC SVC - 8-25-16 TO 9-25-16 $1,362.53 Invoice 520305263 10/13/2016 Cash Payment E 101-42115-381 Electric Utilities ELECTRIC SVC - 8-25-16 TO 9-25-16 $46.93 Invoice 520305263 10/13/2016 _ Transaction Date 10/20/2016 Wells Fargo 10100 Total $17,566.08 -2584- Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 285 MOUND HRA 401 GENERAL CAPITAL PROJECTS 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 675 STORM WATER UTILITY FUND CITY OF MOUND Payments Current Period: October 2016 10100 Wells Fargo $23,37473 $16,302.11 $1,462.53 $4,679.00 $6,050.92 $9,048.33 $2,990.41 $8,395.00 $72,303.03 Pre -Written Checks $0.00 Checks to be Generated by the Computer $72,303.03 Total $72,303.03 -2585- 10/20/16 2:54 PM Page 8 CITY OF MOUND Payments Current Period: October 2016 10/20/16 8:17 AM Page 1 , e.v ,.1 u1 c�4as kvt +. l,Yi1w'tMti�c'�S wrv,kk..tnb':.3E."��»Fi'e'�f$�X&H A'��4tr,',dhY6"vfN9NS'�dh.WdUtv,klG'Sw,�YaPAka9llbuwwe..'avtEwatnn;„.tit e,,w,uxxa. Batch Name 102516HWS User Dollar Amt $50,442.33 Payments Computer Dollar Amt $50,442.33 $0.00 In Balance Refer 1 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE $141.52 Invoice 1929628501 10/11/2016 Transaction Date 10/12/2016 Due 12/31/2014 Wells Fargo 10100 Total $141.52 Refer a....- 2 ARTISAN BEER COMPANY Cash Payment E 60939750-252 Beer For Resale BEER $59.50 Invoice 3131257 10/7/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $465.45 Invoice 3129196 9/29/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $544.95 Refer 26 BAUHAUS BREW LABS _ Cash Payment E 609-49750-252 Beer For Resale BEER $367.50 Invoice 11507 10/13/2016 _ Transaction Date 10/20/2016 Wells Fargo 10100 Total $367.50 Refer ..,.4 BELLBOY CORPORATION�� Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, BAGS CREDIT NOT RECEIVED- -$21.67 OVERPAID Invoice 94695100-2 9/30/2016 Cash Payment E 609-49750-255 Misc Merchandise For R MDSE- SHOT GLASS, WINE GIFT BAGS $24.39 Invoice 94736900 10/10/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $2.72 Refer 5 BELLBOY CORPORATION_�,..�� Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,386.45 Invoice 55734400 10/7/2016 Cash Payment E 609-49750-265 Freight FREIGHT $20.15 Invoice 55734400 10/7/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $4,079.40 Invoice 55750700 10/10/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $5,486.00 Refer_ � 38ELLBOV CORPORATION _ Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, DUM DUM POPS, C -FOLD $56.00 TOWELS Invoice 94731000 10/7/2016 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $36.00 Invoice 94731000 10/7/2016 Cash Payment E 609-49750-255 Misc Merchandise For R MDSE- CORKSCREW, SHAKER SET, SHOT $0.00 CUPS,FLASKS Invoice 94731000 10/7/2016 _ Transaction Date 10/12/2016 Wells Fargo 10100 Total $92.00 Refer -� 6 BERNICKS BEVERAGES AND_VEN Cash Payment E 609-49750-252 Beer For Resale BEER $236.80 Invoice 323657 10/12/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $26.60 Invoice 323137 10/7/2016 -2586- CITY OF MOUND Payments 10/20/16 8:17 AM Page 2 Current Period: October 2016 Transaction Date 10112/2016 Wells Fargo 10100 Total $263.40 Refer 7 B_R_EAKTHRU BEVERAGE MN BEE _ Cash Payment E 609-49750-252 Beer For Resale BEER $2,229.48 Invoice 1090624436 10/12/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $2,229.48 Refer _ 8 BREAKTHRU BEVERAGE MN WINE,,,..._,,.,.»..w,.,."..,,,,,.,�.:.,..�,,.,.. Cash Payment E 609-49750-253 Wine For Resale WINE $72.00 Invoice 1080540178 10/13/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,696.28 Invoice 1080540175 10/13/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $78.00 Invoice 1080540176 10/13/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $1,065.28 Invoice 1080540177 10/13/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $3,911.56 Refer 9 COCA COLA BOTTLING -MIDWEST _ _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa COCA COLA PRODUCTS- MIX $333.60 Invoice 3601201195 10/11/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total - $333.60 Refer 10 DAHLHEIMER BEVERAGE LLC _ _ Cash Payment E 609-49750-252 Beer For Resale BEER $1,824.30 Invoice 1221416 10/12/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $1,824.30 Refer 11 GRAPE BEGINNINGS, INCORPORA _ _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $339.00 Invoice 00010824 10/6/2016 Cash Payment E 609-49750-265 Freight FREIGHT $6.75 Invoice 00010824 10/6/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $345.75 Refer 27 HOHENSTEINS, INCORPORATED _ Cash Payment E 609-49750-252 Beer For Resale BEER $2,169.88 Invoice 854901 10/13/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $2,169.88 Refer 12 JJ TAYLOR. DISTRIBUTING MINN _ Cash Payment E 609-49750-252 Beer For Resale BEER $132.70 Invoice 2576980 10/12/2016 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $77.60 Invoice 2576980 10/12/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $59.95 Invoice 2576989 10/12/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $26.30 Invoice 2576993 10/12/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $313.60 Invoice 2576995 10/12/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $2,827.39 Invoice 2576979 10/12/2016 -2587- CITY OF MOUND 10/20/168:17 AM Page 3 Payments Current Period: October 2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $3,437.54 Refer 14 JOHNSON BROTHERS LIQUOR Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT -$4.68 Invoice 593342 9/23/2016 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT -$3.33 Invoice 593343 9/23/2016 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT -$4.67 Invoice 593344 9/23/2016 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT -$39.45 Invoice 592932 9/21/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total -$52.13 Refer 13 JOHNSON BROTHERS LIQUOR Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $96.75 Invoice 5560767 10/12/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,681.32 Invoice 5560765 10/12/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $5,313.85 Invoice 5560766 10/12/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $8,091.92 Refer 15 MOUND MARKETPLACE ASSOC� Cash Payment E 609-49750-412 Building Rentals NOVEMBER 2016 COMMON AREA MTCE & $679.23 INSURANCE HWS Invoice 102516 11/1/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $679.23 16 PA USTIS AND SONS WINE COMPA _ _Refer Cash Payment E 609-49750-253 Wine For Resale WINE $993.00 Invoice 8565109 10/10/2016 Cash Payment E 609-49750-265 Freight FREIGHT $11.25 Invoice 8565109 10/10/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $1,004.25 Refer 17 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-253 Wine For Resale WINE $4,199.35 Invoice 2056277 10/12/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $918.40 Invoice 2056276 10/12/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $64.00 Invoice 2056278 10/12/2016 _ Transaction Date 10/12/2016 Wells Fargo 10100 Total _ $5,181,75 Refer RED BULL DISTRIBUTION CO. INC _ _28 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $110.20 Invoice 13543-515 10/13/2016 Transaction Date 1 012 0/2 01 6 Wells Fargo 10100 Total $110.20 Refer 18 SOUTHERN WINE & SPIRITS OF M _ Cash Payment E 609-49750-253 Wine For Resale WINE $3,603.50 Invoice 1463382 10/13/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,190.76 Invoice 1463381 10/13/2016 -2588- CITY OF MOUND 10/20/168:17 AM Page 4 Payments -2589- Current Period: October 2016 Transaction Date 1/7/2015 Wells Fargo 10100 Total $5,794.26 Refer 19 THORPE DISTRIBUTING COMPAN _ Cash Payment E 609-49750-252 Beer For Resale BEER $293.20 Invoice 1156016 10/7/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $870.65 Invoice 1156017 10/7/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $1,470.60 Invoice 1154196 10/11/2016 Cash Payment E 609-49750-252 Beer For Resale BEER $175.00 Invoice 1157985 10/14/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $2,809.45 Refer 20 VIN_OCOPIA, INCORPORATED Cash Payment _� E 609-49750-251 Liquor For Resale LIQUOR $94.50 Invoice 0162790 10/6/2016 Cash Payment E 609-49750-265 Freight FREIGHT $2.50 Invoice 0162790 10/6/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $352.00 Invoice 0162946 10/7/2016 Cash Payment E 609-49750-265 Freight FREIGHT $7.50 Invoice 0162946 10/7/2016 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa SODA $32.00 Invoice 0162713 10/6/2016 Cash Payment E 609-49750-265 Freight FREIGHT $2.50 Invoice 0162713 10/6/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $305.50 Invoice 0162714 10/6/2016 Cash Payment E 609-49750-265 Freight FREIGHT $5.00 Invoice 0162714 10/6/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $801.50 ............... ........ Refer 29 VINO_COPIA, INCORPORATED _ Cash Payment E 609-49750-253 Wine For Resale WINE $708.00 Invoice 0163326 10/13/2016 Cash Payment E 609-49750-265 Freight FREIGHT $12.00 Invoice 0163326 10/13/2016 _ Transaction Date 10/20/2016 Wells Fargo 10100 Total $720.00 Refer WACONIA BREWING COMPANY - _ _21 Cash Payment E 609-49750-252 Beer For Resale BEER $305.60 Invoice 4081 10/5/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $305.60 � Refer 22 WINE COMPANY�- _ Cash Payment E 609-49750-253 Wine For Resale WINE $1,048.00 Invoice 16332 10/6/2016 Cash Payment E 609-49750-265 Freight FREIGHT $13.20 Invoice 16332 10/6/2016 Transaction Date 10/12/2016 Wells Fargo 10100 Total $1,061.20 Refer 30 WINE COMPANY _ -2589- CITY OF MOUND Payments Current Period: October 2016 10/20/16 8:17 AM Page 5 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 7102804 Cash Payment E 609-49750-253 Wine For Resale WINE $772.00 Invoice 17015 10/13/2016 24 WRS IMPORTS,, LLCCash 31 Z WINES USA LLC Cash Payment E 609-49750-265 Freight FREIGHT $9.90 Invoice 17015 10/13/2016 Transaction Date 10/13/2016 Transaction Date 10/20/2016 Wells Fargo 10100 Total $781.90 Refer 23 WINE MERCHANTS Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 7102804 10/12/2016 E 609-49750-265 Freight Transaction Date 10/12/2016 Wells Fargo Refer 24 WRS IMPORTS,, LLCCash 31 Z WINES USA LLC _ Payment E 609-49750-253 Wine For Resale WINE Invoice 1244 10/11/2016 Transaction Date 10/13/2016 Wells Fargo Refer 25 Z WINES USA LLC Cash Payment E 609-49750-253 Wine For Resale Invoice 17341 10/6/2016 Cash Payment E 609-49750-265 Freight Invoice 17341 10/6/2016 Transaction Date 10113/2016 - Refer _ 31 Z WINES USA LLC Cash Payment E 609-49750-253 Wine For Resale Invoice 17381 10/13/2016 Cash Payment E 609-49750-265 Freight Invoice 17381 10/13/2016 Transaction Date 10/20/2016 Fund Summary 609 MUNICIPAL LIQUOR FUND 10100 10100 WINE FREIGHT Wells Fargo 10100 WINE FREIGHT Wells Fargo 10100 10100 Wells Fargo $50,442.33 $50,442.33 Pre -Written Checks $0.00 Checks to be Generated by the Computer $50,442.33 Total $50,442.33 -2590- $1,288.00 Total $1,288.00 $156.00 Total $156.00 Total $304.00 $7.50 $311.50 $240.00 $7.50 Total $247.50 CITY OF MOUND Payments Current Period: October 2016 10/20/16 3:23 PM Page 1 s:.1xUfll, ,v iari:,.iiHX,,., x,�nwraVI%' .Ivv, 15i".7,w3;Skr#, Batch Name 0916KENGRAV User DollarAmt $2,919.50 Payments Computer Dollar Amt $2,919.50 $0.00 In Balance Refer 40 KENNEDY AND GRAVEN Cash Payment E 101-41600-304 Legal Fees AMINISTRATIVE LEGAL SVCS SEPT 2016 $589.75 Invoice 133599 9/30/2016 Cash Payment E 101-41600-316 Legal P & I PLANNING LEGAL SVCS SEPT 2016 $130.50 Invoice 133599 9/30/2016 Cash Payment E 101-41600-314 Legal PAN PUBLIC WORKS LEGAL SVCS SEPT 2016 $724.50 Invoice 133599 9/30/2016 Cash Payment E 101-41600-304 Legal Fees EXECUTIVE LEGAL SVCS SEPT 2016 $29.00 Invoice 133599 9/30/2016 Cash Payment G 101-23327 MCESL39 BRADFORD/ WIL MCES L39 & INTERCEPT LIFT STATION $616.00 IMPROV PROJ LEGAL SVCS SEPT 2016 Invoice 133599 9/30/2016 Cash Payment 1101-41600-304 Legal Fees CITY ZONING- LEGAL SVCS SEPT 2016 $449.50 Invoice 133599 9/30/2016 Cash Payment G 101-23361 4518 MANCHESTER RD LE 4518 MANCHESTER RD LEGAL SEWER $380.25 ISSUE- LEGAL SVCS SEPT 2016 Invoice 133599 9/30/2016 Transaction Date 10/20/2016 ....__.... �,e.w oma.. ,... Fund Summary 101 GENERAL FUND Wells Fargo 10100 10100 Wells Fargo $2,919.50 $2,919.50 Pre -Written Checks $0.00 Checks to be Generated by the Computer $2,919.50 Total $2,919.50 -2591- Total $2,919.50 CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR HEARING ON THE 2017 STREET, UTILITY, AND RETAINING WALL IMPROVEMENT PROJECT — LYNWOOD BOULEVARDIFAIRVIEW LANE, CITY PROJECT NO. PW -17-01 WHEREAS, pursuant to a Resolution 16-104 adopted by the Council on August 23, 2016, a report has been prepared by Bolton & Menk, Inc. with reference to the proposed improvement of: Lynwood Boulevard from Belmont Lane to Fairview Lane and Fairview Lane from Lynwood Boulevard to Shoreline Boulevard, hereafter known as the 2017 Street, Utility and Retaining Wall Improvement Project — Lynwood Boulevard/Fairview Lane, and this report was received by the City Council on the 11'h day of October, 2016, and WHEREAS, the report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota 1. The Council will consider the 2017 Street, Utility and Retaining Wall Improvement Project — Lynwood Boulevard/Fairview Lane, in accordance with the report and the assessment of affected properties for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,650,000. 2. A public hearing shall be held on such proposed improvement on the 91h day of November, 2016, in the council chambers of city hall at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 25`h day of October, 2016 Attest: Catherine Pausche, City Clerk -2592- Mayor, Mark Wegscheid CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR HEARING ON THE 2017 STREET, UTILITY, AND RETAINING WALL IMPROVEMENT PROJECT — WILSHIRE BOULEVARD/MAYWOOD ROAD/HIDDENVALE LANE, CITY PROJECT NO. PW - 17 -02 WHEREAS, pursuant to a Resolution 16-104 adopted by the Council on August 23, 2016, a report has been prepared by Bolton & Menk, Inc. with reference to the proposed improvement of: Wilshire Boulevard from Shoreline Boulevard to Bartlett Boulevard, Maywood Road from Wilshire Boulevard to Fairview Lane and Hiddenvale Lane from Maywood Road to Shoreline Boulevard, hereafter known as the 2017 Street, Utility and Retaining Wall Improvement Project — Wilshire Boulevard/Maywood Road/Hiddenvale Lane, and this report was received by the City Council on the 11`h day of October, 2016, and WHEREAS, the report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota 1. The Council will consider the 2017 Street, Utility and Retaining Wall Improvement Project — Wilshire Boulevard/Maywood Road/Hiddenvale Lane, in accordance with the report and the assessment of affected properties for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,774,000. 2. A public hearing shall be held on such proposed improvement on the 9`h day of November, 2016, in the council chambers of city hall at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 25`h day of October, 2016 Attest: Catherine Pausche, City Clerk -2593- Mayor, Mark Wegscheid CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR HEARING ON THE 2017 STREET, UTILITY, AND RETAINING WALL IMPROVEMENT PROJECT — TUXEDO BOULEVARD — PHASE III, CITY PROJECT NO, PW -17-03 WHEREAS, pursuant to a Resolution 16-104 adopted by the Council on August 23, 2016, a report has been prepared by Bolton & Menk, Inc. with reference to the proposed improvement of: Tuxedo Boulevard from Brighton Boulevard to Clyde Road, hereafter known as the 2017 Street, Utility and Retaining Wall Improvement Project — Tuxedo Boulevard, Phase III, and this report was received by the City Council on the 11th day of October, 2016, and WHEREAS, the report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota 1. The Council will consider the 2017 Street, Utility and Retaining Wall Improvement Project — Tuxedo Boulevard, Phase III, in accordance with the report and the assessment of affected properties for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,073,000. 2. A public hearing shall be held on such proposed improvement on the 9th day of November, 2016, in the council chambers of city hall at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 25th day of October, 2016 Attest: Catherine Pausche, City Clerk 2594- Mayor, Mark Wegscheid Real People. Real Solutions. October 19, 2016 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2016 Sheet, Utility and Retaining Wall Improvement Project MNDOT/City Master Partnership Contract — Agreement # 1002064 City Project Nos. PW -16-01, PW -16-02, PW -16-03 Dear Mayor and Council Members: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (9521448-8838 Fax: (952) 448-8805 Bolton-Menk.com Attached is a letter from the Minnesota Department of Transportation briefly explaining the purpose of the proposed Master Partnership Agreement with local agencies. As stated, it provides a framework for Mn/DOT and local agencies to provide payment to each other for services rendered. This recently became an issue for the materials testing that we requested the MNDOT lab technicians to complete for the materials being used in the 2016 Street reconstruction project. They had previously completed these requested services without having a formalized agreement. They've agreed to complete these tests with the understanding that this proposed Agreement will be approved. The alternative is to have the City's geotechnical sub -consultant complete the required tests but the city's cost would be higher, since MNDOT personnel are typically full- time at the material suppliers plants, due to several State Aid projects using these plants. We recommend approval of the attached Resolution for the City to enter into a Master Partnership Contract with the Minnesota Department of Transportation. Sincerely, Bolton &.. Menk, Inc Daniel L. Faulkner, P.E. City Engineer Botta $ M"k Minnesota Department of 1'ransPortation v `N1JESp�, Metro district > F Office of State Aid Telephone; 651-234-773 1500 West County Rd B2 sharon.lernay@state.mn.us "rpK xPN� Roseville, MN 551133174 To: Local Agency RE: Proposed Master Partnership Contract Attached is a proposed master partnership contract along with a sample City Resolution. The Master Partnership Contract provides a framework for Mn/DOT and Local Agencies to provide payment to each other for services rendered. A few routine services are included in the contract and all other services are accomplished through the execution of work orders. If acceptable, please print 3 copies and arrange to have the Master Contract presented to your City Council for their approval and execution. Please ensure that the original signatures of the officials authorized to execute this contract on their behalf are obtained on all four copies of the agreement. A signature acknowledgment must be included either on the signature page or attached as a separate document. (It is suggested that all signers use blue ink so that the original signatures are obvious and will not be mistaken for photo copies.) Please provide signatures only under the Local Government heading. Also required is a new resolution passed by the City Council authorizing its officials to sign and execute the agreement on its behalf. (Only the named officials may sign the agreement: if anyone else signs in the named official's place, the agreement will not be executed.) This resolution must be contain the notarized signature of the individual certifying the resolution. Sample forms and language are enclosed with this letter. Please provide three original versions of a resolution including signatures and City/County stamp. Work Orders do not need City Council approval unless the City Council stipulates that in their resolution. Generally only the City Engineer needs to sign Work Orders. To expedite the approval process, the executed agreements and resolutions should be returned to me to obtain further signatures. Please note that no work shall be performed by Mn/DOT personnel until the full execution of the agreement. After execution by Mn/DOT and other State officials, a copy of the agreement will be returned to you. If you have any questions or require additional information, please feel free to contact me at 651-234-7773. Sincerely, Sharon LeMay, Metro State Aid An Equal Opportunity Employer Sample resolution Whereas, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and Whereas, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and Whereas: the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders' against a master contract would provide the greatest speed and flexibility in responding to identified needs. Therefore, be it resolved: 1. That the City/County/Other Local Government of enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the [Board/Council]. 2. That the proper [City/County/Other Local Government] officers are authorized to execute such contract, and any amendments thereto. 3. That the [City/County/Other Local Government] Engineer/Title of Other Official is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the [City/County/Other Local Government] Engineer/Title of Other Official may execute such work order contracts on behalf of the City/County/Other Local Government of without further approval by this [Board/Council). Approved this_ day of 201 Attest: By: Date: -2597- CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION APPROVING MASTER PARTNERSHIP CONTRACT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS: the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, MN: That the City of Mound enter into a Master Partnership Contract with the Minnesota Department of Transportation, as presented in Exhibit A and made a part herein. 2. That the Mayor and City Manager are authorized to execute such contract, and any amendments thereto. 3. That the City Director of Public Works, or his authorized representative, is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City Director of Public Works, or his authorized representative, may execute such work order contracts on behalf of the City of Mound without further approval by this City Council. Adopted by the City Council this 25`h day of October, 2016. Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk -2598- Exhibit A Master Partnership Contract with the Minnesota Department of Transportation -2599- MnDOT Agreement # 1002064 STATE OF MINNESOTA AND CITY OF MOUND MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation hereinafter referred to as the "State" and the City of Mound, acting through its City Council, hereinafter referred to as the "Local Government." Recitals 1. The parties are authorized to enter into this agreement pursuant to Minnesota Statutes. §§ 15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this Contract is a "road authority" as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into agreements with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation -related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally procure services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract provides a framework for the efficient handling of such requests. This Master Partnership Contract contains terns generally governing the relationship between the parties hereto. When specific services are requested, the parties will (unless otherwise specified herein) enter into a "Work Order' contracts. 7. Subsequent to the execution of this Master Partnership Contract, the parties may (but are not required to) enter into "Work Order' contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this Master Partnership Contract to establish terns that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Contract 1. Term of Master Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3. Expiration Date. This Contract will expire on June 30, 2017. Page I of 14 CM Master Partner ship Contract (CM Rev. 10:052015) _2600_ MnDOT Agreement # 1002064 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that engagement. A party must not begin work under a work order until such work order is fully executed. The terns of this Master Partnership Contract will apply to all work orders issued hereunder, unless specifically varied in the work order. The Local Government understands that this Master Contract is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully -executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terns of this Master Contract will survive with respect to any Work Order issued prior to the expiration date of the Master Contract. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 2. Technical Services 2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Technical services are limited to the following services: 2. 1. Striping, Sign and Signal Repair, Bridge Load Ratings, Bridge and Structure Inspections, Minor Bridge Maintenance, Minor Road Maintenance (such as guard rail repair and sign knockdown repair), Pavement Condition Data, Materials Testing and Carcass Removal. 2.1.2. Every other service not falling under the services listed in 2.1.1 will require a Work Order contract. 2.2. The Local Government may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inforn the Local Government if the State will be unable to perform the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State's normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Local Government the State's then -current rate for performing the Technical Services. The then -current rate may include the State's normal and customary labor additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring A Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. Page 2 of 14 CM MasterPame,ship Comma (CM Rev. 10/05/2015) -2601- MnDOT Agreement # 1002064 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. § 16C.08, subd. 1, professional/technical services "means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task." Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party's professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party's own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be perforned by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully -executed work order in place. If work commences without a fully -executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perforin the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific Page 3 of 14 CM Master Partnership Contract (CM Rev. 10/05,2015) -2602- MnDOT Agreement # 1002064 project/engagement. although "on call" work orders may be prepared for certain types of services, especially for "Technical Services" items as identified section 2.1.2. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. The Local Government will not be paid for work performed prior to execution of a work order and authorization by the State. 4. Responsibilities of the Providing Party The parry requesting the work will be referred to as the "Requesting Party" and the party performing the work will be referred to as the "Providing Party." Each work order will set forth particular requirements for that project/engagement. 4.1. Terns Applicable to ALL Work Orders. The terns in this section 4.1 will apply to ALL work orders. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party's authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this Master Contract or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party's authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order may require the Local Government to deposit payment in advance or may, at the State's option, permit payment in arrears. If the State furnishes the services requested, the Local Government will promptly pay the State to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current State labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed is considered unauthorized and undertaken at the risk of non-payment. 4.1.5. In connection with the performance of this contract and any work orders issued hereunder, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terns of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by agreement or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. Page 4 of 14 CM Master Partnership Contlsct(CM Rev. 101052015) -2603- MnDOT Agreement # 1002064 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State -approved materials, including (byway of example and without limitation), sign posts, sign sheeting, and de-icing and anti -icing chemicals. 4.3. Additional Tervns for Construction Administration. The terns of section 4.1 and this section 4.3 will apply to all work orders for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractors) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally - assisted contracts 4.3.7. Unless otherwise agreed in a Work Order, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other's request, furnish copies of right of way certificates, easements, and construction permits. 4.3.8. The Providing Party may approve minor changes to the Requesting Party's portion of the project work if such changes do not increase the Requesting Party's cost obligation under the applicable work order. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party's written approval, and the execution of a proper amendment to the applicable work order when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State's request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State's Utilities Office. 4.3.11. The Providing Party roust coordinate all necessary detours with the Requesting Party. 4.3.12. if the Local Government is the Providing Party, and there is work performed on the trunk highway right-of-way, the following will apply: 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no Page 5 of 14 CM Master Pannership Conti=(CM Rev. 10/05/2015) -2604- MnDOT Agreement # 1002064 liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terns of all permits issued for the project including, but not limited to, NPDES and other environmental permits. 4.3.12.4 All improvements constructed on the State's right-of-way will become the property of the State. 5. Responsibilities of the Requesting Party 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party's request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and/or inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time In the performance of project work under a work order contract, time is of the essence. Consideration and Paya:ent 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State's normal and customary labor additives will apply to work performed by the State, unless otherwise specified in the work order. The State's normal and customary labor additives will not apply if the parties agree to a `lump sum" or "unit rate' payment. 7.2. State's Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this Master Contract will not exceed $50,000.00. Page 6 of 14 CM Master Paime>sbip Contract (CM Rev. 10'05,2015) -2605- MnDOT Agreement # 1002064 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party's services, and unless otherwise specifically set forth in an applicable work order, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations" a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State's prior written approval for such travel. 7.4. Payment. 7.4.1. Generally. The Requesting Parly will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Local Government. 7.4.2.1. The Local Government will make payment to the order of the Commissioner of Transportation. 7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE "MNDOT CONTRACT NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE "INVOICE NUMBER" ON THE INVOICE RECEIVED FROM MNDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1002064 and Invoice Number ###### Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State. 7.4.3.1. Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State's authorized representative. The balance due will be paid when the State's authorized representative determines that the Local Government has satisfactorily fulfilled all the terns of the work order contract. 8. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party's satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. Page 7 of 14 CM Master Paimership Conuact (CM Rev. 10/05/2015) -2606- MnDOT Agreement # 1002064 9. Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government's Authorized Representative for administering this master contract is the Local Government's Engineer, and the Engineer has the responsibility to monitor the Local Government's performance. The Local Government's Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government's Project Manager will be identified in each work order contract. 10. State's Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State's performance. 10.2. The State's Project Manager will be identified in each work order contract. 11. Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this Master Contract or any work order contract without the prior consent of the other and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Master Contract, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party's right to subsequently enforce it. 11A. Contract Complete. This master contract and any work order contract contain all negotiations and agreements between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government's liability is governed by Minn. Stat. chapter 466 and other applicable law. The State's liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party's failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a "Contractor" to the Requesting Party, as the tern "Contractor" is defined in Minn. Stat. § 115B.03 (subd. 10), and is entitled to the protections afforded to a "Contractor" by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. la will apply to any work undertaken under this Master Contract and any work order issued hereunder. 13. State Audits Under Minn. Stat. § 16C.05, subd. 5, the party's books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Master Contract. 14. Government Data Practices and Intellectual Property Page 8 of 14 CM Master Pamtersttip Conti act (CM Rev. 10'052015) _2607_ MnDOT Agreement # 1002064 14.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Master Contract and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Govermnent under this Master Contract and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2. Intellectual Property Rights 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party's ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty -free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subd.s of the state of Minnesota and to transportation -related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property 14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action Page 9 of 14 CM Master Partnership Contract (CM Rei'. 10/05/2015) -2608- MnDOT Agreement # 1002064 The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this Master Contract, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, roust certify that it is in compliance with federal affirmative action requirements. 15.2. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affinnative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights ("Commissioner") as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3. Minn. R. Parts 5000.3400-5000.3600. 15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A,36, and the rules and relevant orders of the Minnesota Page 10 of 14 CM Master Partnership Conitacl(CMRev.10/05/2015) -2609- MnDOT Agreement #t 1002064 Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 153.2.4, The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 15.3.2.5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terns of Minn. Stat. Section 363A36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 153.3. Consegalenecs. The consequences for the Contractor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A36 and Minn. R. Parts 50003400-50003600 and is aware of the consequences for noncompliance. 16. Workers' Compensation Each party will be responsible for its own employees for any workers compensation claims. This Master Contract, and any work orders issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this Master Contract, or any work order issued hereunder, is determined to be subject to Minn. Stat. § 15.53, such statute will control to the extent of any conflict between the Contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act Section 17.1 is not intended to override the Local Government's responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors Page 1 I of 14 CM Master Pamenship Convact (CM Rev, 1 010512 0 1 5) -2610- MnDOT Agreement # 1002064 The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perfornm the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State./or Convenience. The State or commissioner of Administration may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, the Local Government and the State will be entitled to payment, detenmined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this Master Contract and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is tenninated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State's receiving that notice. 22. Data Disclosure Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the Page 12 of 14 CM Master Paimership Contima(CMRev. 10/05/2015) -2611- MnDOT Agreement # 1002064 payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government's contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this Master Contract, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terns of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions [The balance of this page has intentionally been left blank — signature page follows] Page 13 of 14 CM Master Partneiship Convact(('MRm10/05/2015) _2612_ LOCAL GOVERNMENT The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable ordinance, resolution, or charter provision. By: Title: Date: By: Title Date: MnDOT Agreement # M3 1002064 COMMISSIONER OF TRANSPORTATION (with delegated authority) Title Division Director Date: By: Date: Page 14 of 14 CM Master Patwetship Contract (CM Rev, 10/05/2015) _2613_ OF ADMINISTRATION As delegated to Materials Management Division Ell N-Val Real People. Real Solutions. October 20, 2016 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 RE: 2016 Street, Utility and Retaining Wall Improvement Project—Bartlett Blvd. Change Order No. I City Project Nos. PW -16-01 Dear Mayor and Council Members: Ph: 19521 448-8838 Fax: (9521448-8805 Botton-Menk.com Attached is Change Order No. 1 which increases the contract amount by $64,082.00 and adds an additional item, Select Granular Borrow (sand) to the list of contract items. Due to the wet soils encountered during the excavation of the old road bed on Bartlett Boulevard, from Wilshire Boulevard easterly approximately 1,400 feet, it was determined that the most appropriate and long lasting alternative would be to use a sand section placed below the aggregate base. The contractor submitted a reasonable price of $14 per cubic yard for this new item. The other two items included in Change Order No. 1, Subgrade Excavation and Pipe Drain (draintile) are existing bid items in the contract. They are included in the Change Order due to the significant over -run in these quantities, as necessary to excavate the additional wet material and include additional draintile to keep the subgrade dry. We recommend approval of the attached Resolution approving Change Order No. 1. Sincerely, Bolton & Menk, Inc. 1. t,`U„/i,i-.+_.c`-E .r-/! `tel C�--t=,'G%'✓LA/L_ Daniel L. Faulkner, P.E. City Engineer 9a lto,&Menk; ,�„, , orWnity CITY OF MOUND RESOLUTION NO. 16 -- RESOLUTION APPROVING CHANGE ORDER NO. 1, 2016 STREET, UTILITY & RETAINING WALL IMPROVEMENTS — BARTLETT BOULEVARD, CITY PROJECT NO. PW -16-01 WHEREAS, Resolution 16-39 awarded the contract for the 2016 Street, Utility & Retaining Wall Improvements — Bartlett Boulevard, Tuxedo Boulevard Phase II, Maywood Road/Cypress Lane to Ryan Contracting Company (contractor) in the amount of $2,758,554.25; and WHEREAS, during construction of the contracted roadway, the contractor encountered perched water and wet in-situ soils for approximately 1,400 feet from Wilshire Boulevard easterly; and WHEREAS, it was determined that it's impractical to dry the wet soils and the best long-term solution is to remove and replace the wet soils with select granular borrow (sand); and WHEREAS, the City's contractor, has agreed to a unit price of $14.00 per cubic yard for select granular borrow and agreed to increase the quantity of Subgrade Excavation and 4 -inch Perforated PE Pipe Drain at their current contract unit prices; and WHEREAS, Change Order No. 1 has been prepared, signed by the contractor and submitted to the City for approval; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: That Change Order No. 1 as presented in Exhibit A and made a part herein, totaling $64,082.00 is hereby approved and further, the new total contract amount is increased from $2,758,554.25 to $2,822,636.25 Adopted by the City Council this 25`h day of October, 2016 Attest: Catherine Pausche, Clerk Mayor, Mark Wegscheid -2615- Date of Issuance: 10/25/2016 Effective Date: 10/25/2016 Project: 2016 Street, Utility. & Owner: City of Mound. MN Owner's Contract Nos.: PW -16-01 Retaining W7all Contract: 2016 Street, Utility, & Retaining Wall Improvements— Date of Contract: 4/12/2016 Bartlett Blvd, Tuxedo Blvd Phase II, Maywood Rd/Cypress Ln Contractor: Ryan Contracting Company, 26480 France Ave. PO Engineer's Project No.: C 12.110649 Box 246,E1ko New Market, MN 55020 The Contract Documents are modified as follows upon execution of this Change Order: Description: - Select Granular Borrow material is added to the contract and quantities for Subgrade Excavation and 4 -inch Perf PE Pipe Drain are increased at existing bid prices. Attachments (list documents supporting change): See Attached CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ® Calendar days Substantial completion (days or date): 10/28/2016 $ 2,758.554.25 Ready for final payment (days or date): 6/30/2017 Increase] Decrease] from previously approved [No Change] from previously approved Change Orders ange rders No.: No. I : Substantial completion (days): No Change $ N/A Ready for final payment (days): No Change Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): 10/28/2016 $ 2,758,554.25 Ready for final payment (days or date): 6/30/2017 [No Change] of this Change Order: Increase Decrease] of this Change Order: Substantial completion (days or date): 10/28/2016 $ 64,082.00 Ready for final payment (days or date): No Change Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): 10/28/2016 $ 2,822,636.25 Ready for final payment (days or date): 6/30/2017 REC MEND D: ACCEPTED: ACCEP By: _ �. By: Engineer (A thonz S//i��nature) Owner (Authorized Signature) ontractor Authorized Signature) Date: ! 6? Z% Date: Date: �U l Approved by Funding Agency (if applicable): Date: EJCM-261(6� ange Order Prepared by the Engineers Joint Contract Documents l.ommdice and endorsed by the ('onslruction Specifications Insiimte. Page I of 2 cy, A 11�V z of z Change Order No. 1 Reason for Change Order: Contractor requests the use of Select Granular Borrow to replace wet in-situ soils in an area from approximately station 100+54 to station 114+75.. It is not practical to attempt to dry the wet soils at this time of the year. A wedge shaped Select Granular Borrow section will be added below the aggregate base section detailed in the contract. Contract Modifications: An additional item, Select Granular Borrow, is to be added to the list of bid items, at an estimated quantity of 2,793 cubic yards at a unit price of $14.00 per cubic yard. The Select Granular Borrow shall meet Minnesota Department of Transportation specifications, as per contract requirements. The additional material removal, at an estimated additional quantity of 2,162 cubic yards, will be paid under the Subgrade Excavation item at the unit price bid ($10.00 per cubic yard). The additional 4" Perf PE Pipe Drain, at an estimated additional quantity of 420 lineal feet, will be paid under the 4"Perf PE Pipe Drain at the unit price bid ($8.00 per LF). Select Granular Borrow— 2,793cubic yds. x $14/CY = $39,102.00 Subgrade Excavation - 2,162 cubic yds, x $10/CY = $21,620.00 4" Perf PE Pipe Drain - 420 lineal feet x $8/LF = $ 3.360.00 TOTAL $64,082.00 EdCDC 77 range Order Prepared by the Engineers. Joint Contract Documents CorLm 1tfee and endorsed by the Construction Specifications Institute. Nee 2 or 2 Real People. Real Solutions. October 20, 2016 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2016 Street, Utility and Retaining Wall Improvement Project Change Order No. 2 City Project Nos. PW -16-01, PW -16-02, PW -16-03 Dear Mayor and Council Members: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: [9521448-8838 Fax: (952) 448-8805 Bolton-Menk.com Attached is Change Order No. 2 which increases the contract time for Substantial Completion from October 28, 2016 to November 12, 2016. Also attached is the contractor's letter explaining the reasons for the requested time extension which we feel are justifiable reasons. There is no change in the Final Completion date of June 30, 2017, We recommend approval of the attached Resolution approving Change Order No. 2. Sincerely, Bolton & Mennk, Inc. / Daniel L. Faulkner, P.E. City Engineer aotmn & Menk i, October 13, 2016 City of Mound c/o Dan Faulkner Bolton & Menk 2638 Shadow Lane Chaska, MN 55318 RE: 2016 STREET, UTILITY & RETAINING WALL IMPROVEMENT PROJECT Mound,MN RCCJob#1056 Dear Dan: Please accept this letter as our request for extension to the substantial completion date of October 28, 2016 on the above referenced project due to the following reasons. ® Additional subgrade work for street section. ® Additional import of sand for street section. • Additional manholes and valves added to the project. • Difficulty in finding existing services. We are requesting the extension be granted until November 12, 2016 for all utilities, curb and gutter, concrete walk, bituminous non -wear course, retaining walls, driveways and turf establishment and restoration. Irrigation system repairs and electrical fences will be completed when conditions allow. We will be placing winter mix for turf establishment, with the understanding that we will reseed areas in the Spring that did not grow. Thank you for your time on this matter. Please do not hesitate to contact me with any questions. Respectfully submitted, �A k - Michael E. Holasek Vice President /bt -2619- 26480 Prance Ave • P.O. Box 246 ° Elko New Market, Minnesota 55020 m 952-894-3200 'Fax: 952-894-3207 CITY OF MOUND RESOLUTION NO. 16 -- RESOLUTION APPROVING CHANGE ORDER NO. 2, 2016 STREET, UTILITY & RETAINING WALL IMPROVEMENTS — BARTLETT BOULEVARD, TUXEDO BOULEVARD PHASE 11 AND MAYWOOD ROAD/CYPRESS LANE, CITY PROJECT NOS. PW -16-01, PW -16-02, PW -16-03 WHEREAS, Resolution 16-39 awarded the contract for the 2016 Street, Utility & Retaining Wall Improvements — Bartlett Boulevard, Tuxedo Boulevard Phase II, Maywood Road/Cypress Lane to Ryan Contracting Company (contractor) in the amount of $2,758,554.25; and WHEREAS, Change Orders No. 1 has increased the contract amount to a total of $2,822,636.25; and WHEREAS, the contract date for Substantial Completion is October 28, 2016 and June 30, 2017 for Final Completion; and WHEREAS, late fall, 2016, it was mutually determined that the contractor may not reach Substantial Completion by the specified date; and WHEREAS, a letter dated October 13, 2016 was received from the contractor requesting an extension for Substantial Completion to November 12, 2016; and WHEREAS, staff has reviewed the contractor's request and feel it is justified for the reasons stated in the contractor's letter which include: additional subgrade work for street section; additional import of sand for street section; additional manholes and valves added to the project; difficulty in finding existing services; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: That Change Order No. 2, as presented in Exhibit A and made a part herein, that extends the Substantial Completion date to November 12, 2016 and the Final Completion date remains as June 30, 2017, is hereby approved. Adopted by the City Council this 25th day of October, 2016 Attest: Catherine Pausche, Clerk Mayor, Mark Wegscheid -2620- 1 Date of Issuance: 10/25/2016 Effective Date: 10/28/2016 els A -Pt j,- e 0 f7 Project: 2016 Street. Utility, & Owner: City of Mound, MN (Owner's Contract Nos.: PW -16-01; PW -16- Retaining Wall Improvements 02; PW -16-03 Contract: 2016 Street, Utility, & Retaining Wall Improvements — Date of Contract: 4/12/2016 Bartlett Blvd, Tuxedo Blvd Phase 11, Maywood Rd/Cypress Ln Contractor: Ryan Contracting Company, 26480 France Ave. PO Engineer's Project No.: C 12.110649 Box 246,E1ko New Market, MN 55020 The Contract D mn to are mndiGnd ac fnnnws ecce execution of this Chance Order' Description: - Substantial Completion is modified as enclosed. Also see attached for additional Contract Document modifications. Attachments (list documents supporting change): See Attached CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: El Working days ® Calendar days Substantial completion (days or date): 10/28/2016 $ 2,758,554.25 Ready for final payment (days or date): 6/30/2017 Increase] Decrease] from previously approved Engenders [No Change] from previously approved Change Orders ange No. 1: No. 1 : Substantial completion (days): No Change $ 64.082.00 Ready for final payment (days): No Change Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): 10/28/2016 $ 2,822,636.25 Ready for final payment (days or date): 6/30/2017 [No Change] of this Change Order: Increase Decrease] of this Change Order: Substantial completion (days or date): 11/12/2016 $ 0.00 Ready for final payment (days or date): No Change Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): 1 1/1212016 $ 2,822,636.25 Ready for final payment (days or date): 6/30/2017 By: By: Engineer (Authorize Signature) Owner (Authorized Signature) Date: f ® (it* Date: Approved by Funding Agency (if applicable): Date: %6 Date: EJCDe-2621-ange order Prepared b)r the Engineers Joint Contract Documents Commit ec and endorsed by the Construction specifications Institute. page 1 of 2 Er, A- Pie Z,!, -P2 - Change �Z. Change Order No. 2 Reason for Change Order: Contractor requested an extension to perform a portion of the Work in the 2016 construction year. Contract Modifications: The following modifications pertain to the Contract for the portions of the Work that the Contractor was unable to complete prior to the October 28, 2016 Substantial Completion date. The work the Contractor was unable to complete prior to October 28, 2016 includes but is not limited to roadway construction and/or paving non -wear bituminous course on Bartlett Boulevard, Maywood Road and Cypress Lane, restoration on Bartlett Boulevard, Maywood Road and Cypress Lane. Agreement 4.02 Revised - The work shall be substantially completed on or before November 12, 2016. Substantial Completion shall be defined as: completed construction of all utilities, placement of concrete curb and gutter, construction of concrete sidewalk, placement of all bituminous non -wear courses, construction of all retaining walls, driveways, turf establishment and restoration. Irrigation system repairs and electrical fences will be completed when conditions allow. The project shall be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before June 30, 2017. Agreement 4.03 Revised — Liquidated Damages - Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 and that Owner will suffer financial loss and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 Revised, herein, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,500.00 for each calendar day that expires after November 12, 2016 for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times for completion and readiness for final payment, Contractor shall pay Owner $1,500.00 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. F,JCDC-2622-oge Order Prepared by the Engineers Joint Contract Documents Comm inee and endorsed by the Construction Specifications Institute. Pave 2 of 2 Alcohol & Gambling Enforcement Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number Our Lady of the Lake Church (Council of Catholic Women) Jan 1, 1909 ES 29286 Address City State Zip Code 2385 Commerce Blvd. Mound l Minnesota 55364 Name of person making application Business phone Home phone Rhonda Eurich, Administrator 952-472-1284 x161 612-269-4617 —� Date(s) of event Type of organization November 5, 2016 C (�w L, n 64,k C u r l 0 Club E] Charitable Z Religious 0 Other non-profit Organization officer's name City State Zip Code Fr. Tony O'Neill Mound Minnesota 55364 Organization officer's name City State Zip Code �� Minnesota C� Organization officer's name City State Zip Code Minnesota Organization officer's name City State Zip Code Minnesota Location where permit will be used. If an outdoor area, describe. Parish Activity Center at Our Lady of the Lake Church If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. Purchase Bottles of Wine from Liquor Store If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Self-insured through the Archdiocese of St. Paul & Minneapolis, with program administered through Catholic Mutual. $00,000 GL and $500,000 XL APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT Po LL>J F) City or Co�uu--ntt7yy� approving the license Date Approved JV•t70 Fee Amount Permit Date (0—d(�dlo Date Fee Paid a1hrvvtt�dnRSC4%-@tlly�aFYwow-iQ_.CoM City or County E-mail Address �iSo-y-72--OL33 �1 City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. ��9 PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITYJCOu-N74 AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US 5341 Maywood Road Mound, MN 55364 r ° r (752) 472-0604 Executive Summary FROM: Sarah Smith, Community Development Director DATE: October 20, 2016 SUBJECT: Conditional Use Permit -Amendment PLANNING CASE NO: 16-32 APPLICANT: Tom Penn, on behalf of Sojourn Adult Services LLC OWNER: Ingrid Shaw LOCATION: 5200 Maywood Road (PID NO. 13-117-24-43-0145) COMPREHENSIVE PLAN: Destination District Public Hearing The City Council will hold a public hearing for review of the application from Tom Penn, on behalf of Sojourn Adult Day Services, LLC, to amend the Conditional Use Permit which allows adult day care in the building at 5200 Maywood Road. The current CUP allows (40) clients and not more than (7) personnel on the site at a time with hours of operation from 7:00am to 4:00 pm on Monday through Friday; also, possible operating hours on Saturdays and special after hour events/programming activities which are to conclude by 9:00 pm. Applicant is Tom Penn on behalf of Sojourn Adult Day Services LLC. Sojourn is requesting the CUP be amended to increase the number of clients at the facility from (40) to (50), to add an additional 1-2 employees and to address other related operational issues (i.e., transport vehicles and parking) related to the requested capacity increase. The CUP amendment request is related to increased demands for services that Sojourn Adult Day Services provides. Background Details and background regarding the request are contained in Planning Report No. 16-32, the application and submitted supporting materials which have been submitted, including, but not limited to, the applicant narrative. -2624- Planning Commission Review and Recommendation The Conditional Use Permit amendment request was reviewed by the Planning Commission at its Tuesday, October 4, 2016 meeting. Tom Penn was present at the meeting on behalf of Sojourn Adult Day Services LLC and commented that the amendment is being requested due to increased needs for services in the community. Adjacent property owners were notified of the October 4th Planning Commission meeting. No one was present at the meeting related to the CUP request. In summary, the Planning Commission was favorable to the request and unanimously voted to recommend Council approval of the CUP amendment, as recommended by Staff, subject to conditions. A copy of the October 4th draft Planning Commission meeting minute excerpts has been included as an attachment. Additional Comments ® As provided by M.S. 15,99, the City of Mound, on October 20, 2016, executed an extension for 60 additional days for the City Council's action on the submitted CUP amendment request. With the extension, the deadline for City Council action is December 22, 2016. ® The City Attorney has advised that the current Shared Parking Agreement, that was approved by the City Council, is in effect but recommends a replacement agreement be prepared, which shall be subject to review and acceptance by the City Attorney, and executed and shall also be recorded at Hennepin County. Members are advised that Condition No. 6 in the Planning Report was revised in the draft resolution to include this language. Additionally, Condition No. 12 and Conditional No. 13 in the original Planning Report were also revised in the draft resolution related to the statute citation and to add a provision to allow for the City to record the resolution upon request by the applicant. Requested Action A draft resolution, based on Staff and Planning Commission recommendation for approval, subject to conditions, has been prepared for Council consideration. -2625- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION OCTOBER 4, 2016 Chair Penner called the meeting to order at 7:00 pm. ` ROLL CALL Members present: Chair Cindy Penner; Commissioners Jason Baker, Jeffrey Bergquist, David Goode, Doug Gawtry, and Jennifer Peterson. Members absent: Jameson Smieja. Staff present: Community Development Director Sarah Smith and Secretary Jill Norlander. Members of the public: Tom McDougall, 5239 Washburn Ave S, Mpls; Lisa Sheplee, 2933 Dickens La; Joan Reno, 2939 Dickens La; Rick & Sherri Bode, 2936 Westedge Blvd; Tom Penn, 5200 Maywood Rd (Sojourn); Kari Johnson, 5200 Maywood Rd (Sojourn); APPROVAL OF MEETING AGENDA MOTION by Baker, second by Goode, to approve the agenda as presented. MOTION carried unanimously. REVIEW AND ACTION ON SEPTEMBER 6 2016 MEETING MINUTES MOTION by Goode, second by Baker, to approve the September 6, 2016 meeting minutes as written. MOTION carried unanimously. Planning Case No. 16-32 Conditional Use Permit 5200 Maywood Road Applicant: Tom Penn, Sojourn Adult Services LLC Smith introduced the Conditional Use Permit revision to increase client capacity from 40 to 50, increase staff size, and an increase of traffic by 2 to 3 vehicles between 7:30 am and 9:30 am and between 2:30 pm and 4:30 pm. In 2010, a conditional use permit was approved to operate adult day care on the property for 30 clients. In 2011, the CUP was amended to allow 40 clients. In addition, a parking agreement was approved between Sojourn and St. John's Lutheran Church. Baker asked if Sojourn has the entire building. Smith indicated that other offices are on the second floor and Sojourn is on the main level. Tom Penn, Sojourn, said that the request is based on the high demand for the service they provide. They turn down clients every day. Sojourn has been in business for 34 years and here in Mound for 8 years. About 30-35% of the clients come from Mound. -2626- MOTION by Gawtry, second by Bergquist, to recommend approval with staff recommendations and findings of fact. MOTION passed unanimously. -2627- CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION APPROVING AMENDED AND RESTATED CONDITIONAL USE PERMIT AMENDMENT FOR PROPERTY LOCATED AT 5200 MAYWOOD ROAD WHEREAS, the City Council, at its September 28, 2010 meeting, adopted Resolution No. 10-71 approving a Conditional Use Permit (CUP), subject to conditions, from Tom Penn, on behalf of Sojourn Adult Day Services LLC, to operate a licensed adult day center in the building located at 5200 Maywood Road; and WHEREAS, original CUP allowed (30) clients at the facility who are transported to and from the facility by van/bus Monday through Friday between 7AM and 9:30AM and between 2PM and 4PM with a daily average of 6-8 transport vehicles. The CUP also limits the number of staff to no more than (6) personnel on the site at a time; and WHEREAS, the City Council, at its May 24, 2011 meeting, adopted Resolution No. 11-43 approving an amendment to the CUP following a request from Sojourn to increase the number of clients from 30 to 40 and to address related operational issues; and WHEREAS, the current CUP allows (40) clients and not more than (7) personnel on the site at a time with hours of operation from 7:00am to 4:00 pm on Monday through Friday; also, possible operating hours on Saturdays and special after hour events/programming activities which are to conclude by 9:00 pm; and WHEREAS, applicant, Tom Penn, on August 25, 2016, submitted an amendment to the CUP, on behalf of Sojourn Adult Day Services LLC, to increase the number of clients at the facility from (40) to (50), to add an additional 1-2 employees and to address other related operational issues (i.e., transport vehicles and parking) related to the requested capacity increase; and WHEREAS, Ingrid Shaw, the building owner, signed the CUP application submitted by the applicant thereby consenting to the request; and WHEREAS, details and background regarding the request are contained in Planning Report No. 16-32; and the submitted application and support materials which have been provided by the applicant, including, but not limited to the applicant narrative; and WHEREAS, the Planning Commission, at its October 4, 2016 meeting, reviewed the proposed amendment to the CUP, as requested by the applicant and unanimously recommended Council approval, as recommended by Staff, subject to conditions; and WHEREAS, the City Council, at its October 25, 2016 meeting, held a public hearing for review of the CUP amendment request; and WHEREAS, the City Council's decision on the conditional use permit application was made within the timelines included in Minnesota Statutes Section 15.99; and WHEREAS, in granting approval, the City Council hereby makes the following findings of fact: 1. The criteria in Sec. 129-38 (a) of the City Code are met. 2. The increased parking demand of 1 space is accommodated by the shared parking agreement, which allows use of 15 spaces in the St. John's parking lot by Sojourn Adult Day Services LLC. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound does hereby incorporate and restate the recitals set forth above and hereby approves the amended and restated Conditional Use Permit previously approved by Resolution No. 10-71 and amended by Resolution No. 11-43 for Sojourn Adult Day Services, LLC, which allows licensed adult day care activities in the building located at 5200 Maywood Road subject to the following conditions: 1. As applicable, any required modifications related to the building code must be completed and inspected prior to increased occupancy. A copy of the final inspection report showing compliance shall be provided to the City by the applicant. The applicant shall submit all required information upon submittal of the building permit or related applications, when appropriate. 2. All required licensing from the Department of Health and any other involved agencies must be obtained and written documentation provided to the City of Mound by the applicant. 3. The use shall be limited to no more than (50) clients. 4. Staff for the facility shall be limited to not more than (9) personnel on the site at a time. 5. The "new" parking deficiency for the site created by the proposed CUP amendment is (8) spaces. The additional parking deficiency is accommodated by the existing shared parking agreement between the applicant/owner/St. John's Church. 6. A replacement shared parking agreement shall be prepared, which shall be subject to review and acceptance by the City Attorney, and shall be executed by the involved parties and recorded at Hennepin County. 7. Applicant shall be responsible for contacting the Metropolitan Council Environmental Services (MCES) to determine if any additional Sewer Availability Charges (SAC) are required. -2629- 8. The City reserves the right to require future evaluation of the site related to the proposed adult day care center use, if needed, in the event parking becomes a problem, which may include review and processing of a CUP amendment, if deemed appropriate. 9. All conditions not associated with the current CUP amendment that are contained in Resolution No. 10-71 and Resolution No. 11-43 shall remain in effect. 10. Payment of all fees associated with review of the applicant's request for adult day care use including, but not limited to, the CUP amendment and related activities. 11. This conditional use permit amendment is approved for the following legally described property as stated in the Hennepin County Property Information System: Lot 16 and Lot 17 except the easterly 20 feet thereof, Block Z, SHIRLEY HILLS, UNIT F, according to the recorded plat thereof Torrens Certificate # 12118355 12. This conditional use permit amendment shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minn. Stat. 462.3595, subd. 4 This shall be considered a restriction on how this property may be used. 13. The applicant shall have the responsibility of filing this resolution with Hennepin County and paying for all costs for such recording. A copy of the recorded resolution shall be provided to the City by the applicant. At the applicant's request, the City may be requested to record the resolution, with the involved recording fees to be taken out of the submitted escrow. Adopted by the City Council this 25th day of October, 2016. Attest: City Clerk Catherine Pausche Mark Wegscheid, Mayor -2630- nA ----- _rirr or rvsour�o _ PLANNING REPORT TO: Planning Commission FROM: Sarah Smith, Community Development Director DATE: September 28, 2016 (revised 10-20-2016 for minor corrections) SUBJECT: Conditional Use Permit - Amendment PLANNING CASE NO: 16-32 APPLICANT: Tom Penn, on behalf of Sojourn Adult Services LLC OWNER: Ingrid Shaw LOCATION: 5200 Maywood Road (PID NO. 13-117-24-43-0145) ZONING: B-1 COMPREHENSIVE PLAN: Destination District BACKGROUND The current Conditional Use Permit for Sojourn Adult Day Services, LLC allows adult day care in the building at 5200 Maywood Road. The current CUP allows (40) clients and not more than (7) personnel on the site at a time with hours of operation from 7:00am to 4:00 pm on Monday through Friday; also, possible operating hours on Saturdays and special after hour events/programming activities which are to conclude by 9:00 pm Applicant is Tom Penn on behalf of Sojourn Adult Day Services LLC. Sojourn is requesting the CUP be amended to increase the number of clients at the facility from (40) to (50), to add an additional 1-2 employees and to address other related operational issues (i.e., transport vehicles and parking) related to the requested capacity increase. The CUP amendment request is related to increased demands for services that Sojourn Adult Day Services provides. Details and background regarding the request are contained in the application and submitted support materials which have been provided by the applicant including, but not limited to, the applicant narrative. -2631- 60 -DAY PROCESS Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to approve or deny the land use request unless an extension is executed by the City in accordance with state rules. Minnesota Statutes 645.15 sets forth the procedures for determining "Day 1" for the purpose of application of the 60 -day rule and was determined to be August 26, 2016. CONDITIONAL USE PERMIT Review Procedure Sec. 129.38 requires that all requests for conditional use permits are reviewed by the Planning Commission and also requires that a public hearing be held by the City Council. Procedurally, state statute requires that the planning agency and/or governing body must hold a public hearing on all requests for conditional use permits. The City Council public hearing has not been scheduled. Review Criteria In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed land use upon the health, safety, morals and general welfare of occupants of surrounding lands. Members of the Planning Commission are advised that the conditional use permit review criteria are contained in City Code Sec. 129-38 (d) and are provided below: Sec. 129-38. Conditional use permits. (a) Criteria. A conditional use permit is required for conditional uses. In granting a conditional use permit the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Among other things, the City Council may make the following findings where applicable: (1) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. (2) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. (3) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. (4) Adequate measures have been or will be taken to provide sufficient off- street parking and loading space to serve the proposed use. (S) Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. -2632- ' (6) The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use. (7) The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use. (8) The use is not in conflict with the policy plan of the city. (9) The use will not cause traffic hazards or congestion. (10) Existing adjacent uses will not be adversely affected because of curtailment of customer trade brought about by the intrusion of noise, glare or general unsightliness. (11) The developer shall submit a time schedule for completion of the project. (12) The developer shall provide proof of ownership of the property to the zoning officer. (13) All property taxes, special assessments, municipal utility fees, including, but not limited to, water and sewer bills, and penalties and interest thereon have been paid for the property for which the permit has been submitted. (b) Additional conditions. In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to those standards and requirements expressly specified by this chapter, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. The conditions may include, but are not limited to, the following: (1) Increasing the required lot size or yard dimension. (2) limiting the height, size or location of buildings. (3) Controlling the location and number of vehicle access points (4) Increasing the street width. (5) Increasing the number of required off-street parking spaces (6) Limiting the number, size, location or lighting of signs. (7) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. (8) Designating sites for open space. Any change involving structural alterations, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued. The planning staff shall maintain a record of all conditional use permits issued including information on the use, location, and conditions imposed by the City Council,• time limits, review dates, and such other information as may be appropriate. -2633- STAFF/CONSULTANT/AGENCY REVIEW Copies of the request and all supporting materials were forwarded to all applicable staff, consultants and interested agencies. Members are advised that some comments received as part of the routing and review process have been addressed and are therefore not included in this report. See comments provided below: Greg Pederson, Fire Chief The change from 40 to 50 adults seems incidental. Staff members from MnSpect and MFD may need to evaluate occupancy load, exits and egress. Note: Refer to follow-up comment from Building Official Scott Qualle. Scott Qualle, Building Official Issues related to the building code and fire code were addressed previously with the 2011 CUP amendment which increased occupancy from 30 to 40 participants. Stewart Simon, Field Officer 1 do not have any issues with the proposed CUP amendment. Heidi Quinn, MCWD It is my understanding that there is no land use change or alteration associated with the above referenced CUP. If this is correct, no MCWD permit is required. PROJECT BACKGROUND 1. The subject property, located at 5200 Maywood Road, is zoned B-1. According to City Code Sec. Section 129-135, which includes allowable uses in the business and industrial districts, "Licensed Day Care Facilities' are a conditional use in the B-1 zoning district. 2. As set forth in City Code Section 129.2, day care facility, adult (adult day care, adult day services, and family adult day services) is defined to mean a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining or improving the participants' capabilities for self-care. The term "adult day care," "adult day services," and "family adult day services" does not include programs where adults gather or congregate primarily for purposes of socialization, education, supervision, caregiver respite, religious expression, exercise, or nutritious meals. 3. Previous Approvals and Submittals. At its July 27, 2010 meeting, the City Council, pursuant to the provisions of City Code Section 129-32 (Appeals to the board of adjustment and appeals), adopted Resolution No. 10-51 which determined that "Adult Day Care" would be allowable on the subject property located at 5200 Maywood Road if a conditional use permit was approved. At its September 28, 2010 meeting, the City Council adopted Resolution No. 10-71 approving the request from Sojourn Adult Day Services for a Conditional Use Permit to operate adult day care on the subject property for 30 clients, subject to conditions. A copy of Resolution No. 10-71 has been included as an attachment. -2634- At its December 1, 2010 meeting, the Council adopted Resolution No. 10-89 approving the shared parking agreement between Sojourn, the property owner and St. John's Lutheran Church. The term of the agreement is for five years from the date of the agreement. The agreement was recorded at Hennepin County and is of record. The applicant has confirmed that there is a verbal agreement for the shared parking in place and the parties are working on an agreement extension. See copy of letter dated September 28, 2015 from St. John's Church which has been included as an attachment. At its May 24, 2011 meeting, the City Council adopted Resolution No. 11-43 approving the request from Sojourn Adult Day services for a CUP amendment to increase the number of clients from 30 to 40 and to address operational issues. A copy of Resolution No. 11-43 has been included as an attachment. A CUP amendment to increase participant capacity to (48) was submitted in 2012 and reviewed by the Planning Commission in January 2013 with a public hearing held by the City Council in February 2013. The Council tabled action on the request and directed the applicant to obtain an agreement to require building tenants to park on site or in the church parking lot and encourages clients to do so as well; also to update the shared parking agreement with St. John's Church to reflect the amendments to the CUP and other tenants in the building. The 2013 application was withdrawn by the applicant. Copies of the involved CUP reports and related materials are on file at City Hail and will be provided upon request. DISCUSSION/REVIEW 1. With regard to the current CUP amendment request, a comprehensive analysis of the site/building/use was not done as it was undertaken as part of the original CUP approved in September 2010 and subsequently amended in May 2011. The application indicates that no changes to the site or building are contemplated with the current request. 2. The applicant anticipates that the MN Department of Health will provide written notification about the increased capacity and required licensing for the City that may be available at the Planning Commission meeting. The applicant must provide verification of the City's approval of the CUP to the MN Department of Health in order to amend its license. 3. The requested increase to (50) participants is expected to increase traffic to include 2 to 3 vehicles between 7:30 am and 9:30 and an additional 2 to 3 vehicles between 2:30 pm and 4:30 pm. 4. The proposed amendment will increase staffing at Sojourn by 1-2 employees per day. The current CUP allows for 7 employees. -2635- 5. The 2010 CUP applied the parking requirement for elementary and junior high school requirement (1 space per classroom plus 1 space per (10) student capacity) for the adult day care use and the parking requirement for professional office (1 space per 400SF) for the remaining building space. These calculations created a deficiency of 6 parking spaces as there are (12) spaces and (1) accessible parking space on the site. The same requirement was used for the 2011 CUP amendment which created a deficiency of 7 spaces. The "new" parking deficiency for the site created by the proposed CUP amendment is (8) spaces. The additional (1) space is accommodated by the shared parking agreement between the applicant/owner/St. John's Church which allows use of 15 spaces in the school/church parking lot. 6. Applicant shall be responsible for contacting the Metropolitan Council Environmental Services (MCES) to determine if any additional Sewer Availability Charges (SAC) are required. 7. As part of the original CUP approval, a shared parking agreement was required. Members are advised that a parking agreement was undertaken in cooperation with St. John's Church, which allows shared use of parking spaces in the church/school lot. The parking deficiency noted in the 2010 Resolution referenced that the existing and proposed uses in the building created a deficiency of (6) parking spaces. The 2011 CUP amendment created a deficiency of (7) spaces. The proposed amendment to allow (50) clients requires (1) additional space which creates a deficiency of (8) parking spaces. The parking demand is not an issue as the shared parking agreement makes (15) parking spaces on the St. John's church property available for use by Sojourn Adult Day Services LLC. STAFF RECOMMENDATION Staff recommendation is for approval of the submitted CUP amendment request from Tom Penn, on behalf of Sojourn Adult Day Services LLC, for the property at 5200 Maywood Road subject to the following list of minimum conditions: 1. As applicable, any required modifications related to the building code must be completed and inspected prior to increased occupancy. A copy of the final inspection report showing compliance shall be provided to the City by the applicant. The applicant shall submit all required information upon submittal of the building permit or related applications, when appropriate. 2. All required licensing from the Department of Health and any other involved agencies must be obtained and written documentation provided to the City of Mound by the applicant. 3. The use shall be limited to no more than (50) clients. 4. Staff for the facility shall be limited to not more than (9) personnel on the site at a time. -2636- 5. The "new" parking deficiency for the site created by the proposed CUP amendment is (8) spaces. The additional parking deficiency is accommodated by the existing shared parking agreement between the applicant/owner/St. John's Church. 6. The shared parking agreement is amended by the involved parties related to the City's approval of the CUP and subsequent amendments, to include any required approval by the City of Mound, and recorded. 7. Applicant shall be responsible for contacting the Metropolitan Council Environmental Services (MCES) to determine if any additional Sewer Availability Charges (SAC) are required. 8. The City reserves the right to require future evaluation of the site related to the proposed adult day care center use, if needed, in the event parking becomes a problem, which may include review and processing of a CUP amendment, if deemed appropriate. 9. All conditions not associated with the CUP amendment that are contained in Resolution No. 10-71 and Resolution No. 11-43 shall remain in effect. 10. Payment of all fees associated with review of the applicant's request for adult day care use including, but not limited to, the CUP amendment and related activities. 11. This conditional use permit amendment is approved for the following legally described property as stated in the Hennepin County Property Information System: Lot 16 and Lot 17 except the easterly 20 feet thereof, Block 2, SHIRLEY HILLS, UNIT F, according to the recorded plat thereof Torrens Certificate tJ 12118355 12. This conditional use permit amendment shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to M.S.S. 462.36, Subd. 1. This shall be considered a restriction on how this property may be used. 13. The applicant shall have the responsibility of filing this resolution with Hennepin County and paying for all costs for such recording. A copy of the recorded resolution shall be provided to the City by the applicant. In recommending approval of the CUP amendment, the following findings of fact are offered: 1. The criteria in Sec. 129-38 (a) of the City Code are met. 2. The increased parking demand of 1 space is accommodated by the shared parking agreement, which allows use of 15 spaces in the St. John's parking lot by Sojourn Adult Day Services LLC. -2637- CITY COUNCIL REVIEW At this time, the City Council public hearing has not been scheduled. Pending recommendation from the Planning Commission at its October 4, 2016 meeting, a tentative date is Tuesday, October 25, 2016. 6^� AUG 25206 CITY OF rvEOUNq__ 'Ltd yi�� 2415 Wilshire Boulevard, Mound, MN 55364 APPLICATION P P LI T I Phone 952-472-0600 FAX 952-472-0620 Application Fee and Escrow Deposit required at time of application. Pleasetype or print the followii PROPERTY Subject Address_ INFORMATION Name of Business LEGAL DESCRIPTION Lot(s) APPLICANT OWNER (if other than applicant) ARCHITECT, SURVEYOR, OR ENGINEER Planning Commission Case No. [� -3 Z- r3s LAS Block 13- 11%-214-41-O The applicant yis: Owner _ Other`/ --,Email 16 tasj�i P q Y QY L k, . CCYM, Name Address "S F / Q c i ac -L rye Phone Homeq_5-qiq��-aq Work(! /la'/'10-g2gZ Cell it f `�t� ��-��r f Q E -Mail Address j ` � �� ' `-''�-�� Fax ` 0D-35 `t'.� Name_-/ �g Ya Email Address_ Phone Homd!`>,4'`1 /!i ,�c!c... lb Work reu Name _ `�- Zssoj 4TI Email Address VcRo w�r1v.3.+ :� PD Phone Cm ZONINGI Circle: R-1 R -1A R-2 R-3 B-1 B-2 B-3 DISTRICT Description of Proposed Use: } i�� CA -PAC -1 IN (0 -2639- Conditional Use Permit Info - (1/14/2016) Page 4 of 5 APPLICANT OWNER (if other than applicant) ARCHITECT, SURVEYOR, OR ENGINEER Planning Commission Case No. [� -3 Z- r3s LAS Block 13- 11%-214-41-O The applicant yis: Owner _ Other`/ --,Email 16 tasj�i P q Y QY L k, . CCYM, Name Address "S F / Q c i ac -L rye Phone Homeq_5-qiq��-aq Work(! /la'/'10-g2gZ Cell it f `�t� ��-��r f Q E -Mail Address j ` � �� ' `-''�-�� Fax ` 0D-35 `t'.� Name_-/ �g Ya Email Address_ Phone Homd!`>,4'`1 /!i ,�c!c... lb Work reu Name _ `�- Zssoj 4TI Email Address VcRo w�r1v.3.+ :� PD Phone Cm ZONINGI Circle: R-1 R -1A R-2 R-3 B-1 B-2 B-3 DISTRICT Description of Proposed Use: } i�� CA -PAC -1 IN (0 -2639- Conditional Use Permit Info - (1/14/2016) Page 4 of 5 Planning Commission Case No. Ls� EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guar ntees for the completion of the proposed development. Estimated Development Cost of the Project: $ Has an applicatir ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? yes, (j no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies - reso tions. Application must be signed by all owners of the subject property, or explanation given why this is not the case. Print Applicant's Name Print Owner's Name Print Owner's Name Applica is Signat 3 Owner's ignature Owner's Signature W;;l f Date , —,;,)S -- /I Date Date City Code Section 129-38 relating to Conditional Use Permits must be reviewed by the applicant. If applying for a two family dwelling, City Code Section 129-102 must be reviewed by the applicant. 2640 - Conditional Use Permit Info (1/14/2016) Page 5 of 5 Sojourn Adult Day Services LLC 5200 Maywood Road Mound, MN 55364 Sarah Smith City Development Director City of Mound 8-25-2016 AGOG ZO Dear Sarah, Attached please find a Conditional Use Permit application for Sojourn Adult Day Services LlOo modify its current CUP to allow for an increase in the licensed capacity of its adult day center located at 5200 Maywood Road, Mound from 40 to 50 participants per day. Since the second CUP was approved in 2011, I believe you have all the information necessary on file to begin processing this request. If there are any additional items required, please let me know as soon as possible. . I have enclosed a narrative that outlines the impact of this CUP request that I hope will clarify our position. Thank you as always for your support, Sincerely, Tom Penn Owner/Partner Sojourn Adult Day Services LLC 612-590-9250 -2641- Sojourn Adult Day Services LLC 5200 Maywood Road Mound, MN 55364 Narrative for CUP request for 5200 Maywood Road Background and Overall use:_ Sojourn Adult Day Services LLC has been issued two CUPS by the City of Mound since its move to 5200 Maywood Road, the initial CUP in 2010 for a capacity of 30 clients per day and the 2nd CUP in 2011 increasing its capacity from 30 to 40 clients per day. This CUP is a request to again increase that daily capacity from 40 to 50 clients per day due to increased demands for Sojourn's services. Days/Hours of Operation: No change from exiting CUP Participants: This CUP is a request to again increase that daily capacity from 40 to 50 clients per day due to increased demands for Sojourn's services. Activities: No change from exiting CUP Staftne: State licensing rules dictate a staff/client ratio determined by the ratio of self- preserving and non -self -preserving participants at the center on any given day. The increase from 40-50 participants per day will increase the number of staff by 1 or 2 per day. Traffic: An increase in vehicle traffic is expected to be an additional two (2) to three (3) vehicles between 7:30 am and 9:30 am and an additional two (2) to three (3) vehicles from 2:30 pm and 4:30 pm. Parkin : The shared parking agreement with St. John's Church remains in effect, it is expected that an additional 1 or 2 spaces will be required for the additional staff working due to the increased capacity. Currently only 1 or 2 staff utilize the parking spaces at St. John's. -2642- Sojourn Adult Day Services LLC 5200 Maywood Road Mound, MN 55364 Narrative for CUP request for 5200 Maywood Road External chances to buildin¢: No changes to existing CUP and no changes are anticipated to service the increased capacity. Internal changes to building: No changes to existing CUP. State Iicensing has indicated that the current square footage and space configuration will support a capacity of 50 clients and will issue a license to that effect upon approval of the CUP. -2643- ssaetaEe5, Inrmm9ff mmw uth t E P` [ t1X EngineSring ` Son Wallace Poae MEMMINMEM , ^Land,surve)Ing Bill= JILIM Eden Paiie, Minnesota 553u 1Land5C8{)6 A(Chttedl ` SURVEY (612) 9344242 Planning', ._ ' " Survey for �in12'T NEffT/f�C� f�//Z LO.a�/T/O�/yC7 Job No. 7797 Bk. yff P9 DESCRIPTION PeoPoseo_ E4EV< rioNs �'Fiasr.'yLoo.'? = 967.00 Lot 16 and Lot 17 except the easterly 20 Feet thereof, Block 2, SHIRLEY HILLS, UNIT F, XXX - OBNoTES EX/57/NG ELEVAT/oN according to the recorded plat thereof. (x,y) - veN07e- aeoaoseoEL6PA7'1o/✓ OEN07-65 D19EC7-/0/4 Q= FLOW �wsYN6 of, SvRFAaE ORA /N,4C7 E- -134 35....°...� -,.. rJ36 9718 , — 5 zoT/ zs --UPPP �tp ell I�i>,Nv AR ;n RoPasEs> � %, CNI M T X83 �70) a�b I "11" rjo Hvo = 970'78 YIWY/1� 0At 91-1. '7 3A"j N 78'0 $ VGY or-of.#E87 E91 =NV. IV077 T,L/ 115zzz - Top. 9695 C'rvissb+ TOP =9p/. & BEf%GFiMLIt�K: T/N HYp. wl�-S�+R� ; Eaer.r poaa ECE,,: 95s 58 0 ,® zoT/ zs --UPPP �tp ell I�i>,Nv AR ;n RoPasEs> � %, CNI M T X83 �70) a�b I "11" rjo Hvo = 970'78 YIWY/1� 0At 91-1. '7 3A"j N 78'0 $ VGY or-of.#E87 E91 =NV. IV077 T,L/ 115zzz - Top. 9695 C'rvissb+ TOP =9p/. & BEf%GFiMLIt�K: T/N HYp. wl�-S�+R� ; Eaer.r poaa ECE,,: 95s 58 r�. 13.1 I i I .n -2645- V L i 1n rn j f • Ln C235 L ppFN Oi \ g�.Low� i 18 R aonE H-ha0�� ' DPN ro FUTURE oFFiCES Eric �_ zoo C7 35' --_ ==-2646 REc�prloN �; 2 � a .. FOYEK 1= j'_ Fv7'UIZOi F1c.155cz36' C ME z o1 ! 4 t�Ecu. i^ fn Miry Q1 1-19 11 m rA ki j'_ Fv7'UIZOi F1c.155cz36' C September 28, 2016 2451 Fairview Lane Dearboard/council ol'Soioutn, Mound, MN 55364 1 am writing on behalfoi'SL John's Lutheran Churchto extend the agreement for Phone: 952.472.1416 use of our parking lot for another 5 years, and for an additional 6 car spaces to be Fax: 952.472.2 126 used. We gladly support the work and efforts of Sojourn and value the work they do with families and clients who experience aging related issues. Website: wwwstjom.org If there is ever anything more we can do to be helpful, please contact us. We sec our St. John's coil) n unity and property as a ail! to be used in service to others. God has blessed us and we fell called to be a blessing to otters. if you have any additional questions, please call me on my cell at (612) 709-1431, ( or at the church number listed to the left margin. s Sharing the Love of Christ Sincerely, ` PASTORS: Rev. Dr. Jeff Heiderschcit Jeff Heiderscheit Lead paster Pastor St. John's Lutheran Church Kaitlyn Forster Mound, Minnesota Pastor STAFF: Kristin Smyth Office Manager Katie Clobes Financial Administrator Brigid O'Rourke, RN Parish Nurse Kay S. Hacklander Minister of Music Cathie Samuelson Christian Ed. Director Counseling Center. Ellen Rusin, MSW -2647- CITY OF MOUND RESOLUTION NO. 10-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING A CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 5200 MAYWOOD ROAD P & Z CASE # 10-10 PID #13-117-24-43-0145 WHEREAS, the applicant, Tom Penn, submitted a request for a Conditional Use Permit (CUP), on behalf of Sojourn Adult Day Services LLC, to operate a licensed adult day center in the building located at 5200 Maywood Road; and WHEREAS, Ingrid Shaw, the building owner, signed the Conditional Use Permit application submitted by the applicant thereby consenting to the request; and WHEREAS, specific details regarding Staff's review of the CUP are contained in Planning Report No. 10-10 and supporting application materials that were provided by the applicant; and WHEREAS, the proposed facility will accommodate up to (30) clients who will be transported to and from the facility by van/bus Monday through Friday between 7AM and 9:30 AM and between 2PM and 4PM with a daily average of 6-8 transport vehicles which will bring clients to and from the facility in the morning and afternoon; and WHEREAS, adult day services are regulated by Minnesota Rules, parts 9555.9600 to 9555.9730 and licensed by the Minnesota Department of Human Services; and WHEREAS, the City of Mound was notified by letter dated June 17, 2010 from the Minnesota Department of Human Services that the applicant has submitted an application to operate an adult day center on the subject property; and WHEREAS, a copy of the Minnesota Department of Human Services letter dated June 17, 2010 and the City's letter of response dated June 28, 2010 are on file at the City of Mound; and WHEREAS, the subject property, located at 5200 Maywood Road, is zoned Central Business District (B-1) and according to City Code Section 129-135, which includes allowable uses in the business and industrial districts, "Licensed Day Care Facilities" are a conditional use in the B-1 zoning district; and WHEREAS, as set forth in City Code Section 129.2, day care facility, adult (adult day care, adult day services, and family adult day services) is defined to mean a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining or improving the participants' capabilities for self-care. The term "adult day care," "adult day services," and "family adult day services" do not include programs where adults gather or congregate primarily for purposes of socialization, education, supervision, caregiver respite, religious expression, exercise, or nutritious meals; and WHEREAS, at its July 27, 2010 meeting, the City Council, pursuant to the provisions of City Code Section 129-32 (Appeals to the board of adjustment and appeals), adopted Resolution No. 10-51 which determined that "Adult Day Care" would be allowable on the subject property located at 5200 Maywood Road if a conditional use permit was approved. A copy of Resolution No. 10-51 regarding the City Council's approval of the determination is on the file with the City Clerk,• and WHEREAS, the current legal description is included on the submitted survey, which was prepared in 1987, that was submitted with the application. At its July 20, 2010 meeting, the Planning Commission deemed this survey as acceptable for the purpose of land use application review; and WHEREAS, the Planning Commission reviewed the application at its September 7, 2010 meeting and unanimously recommended approval of the CUP subject to conditions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound does hereby approve the Conditional Use Permit (CUP) from Sojourn Adult Day Services, LLC to allow licensed adult day care activities in the building located at 5200 Maywood Road subject to the following conditions: The parking requirement for the proposed adult day care use shall be the elementary and junior high parking requirement as referenced in City Code Section 129.323. 2. The existing and proposed parking calculations determined for the building uses shall be as follows: # of Existing Business List Requirement SF Stalls Mound Psychological Service Prof/Office 1per 400 990 (3) Midwest Tape/Store Media Prof/Office 1per 400 2470 (7) Proposed Adult Day Care Use City of Mound parking for "School, Elementary and Junior Nigh" 1 per classroom plus (5) 1 per (10) student/client capacity (3) (8) Total (18) Based on the proposed parking plan submitted on September 21, 2011 by the applicant, there are (12) parking spaces and (1) handicapped and loading and unloading space. Therefore, a (6) stall deficiency exists on the subject site as (18) regular spaces are required for current and proposed uses. The proposed parking plan and final parking inventory for the site is subject to review and approval by the Building Official, City Engineer, Public Works Director (or designee) which could affect the final parking calculation for the current and proposed adult day care uses. 3. Any required cross access and parking easement documents to address the -2649- parking shortage for the use, as determined by Staff, must be submitted in preliminary form which shall be subject to review and acceptance by Staff and the City Attorney and must comply with the regulations contained in City Code Section 129.323. Applicant is advised that the documents need to be prepared in recordable form and require approval by the City Council. An executed copy of the recorded easement or related document shall be submitted to the City by the applicant for placement in the property files. 4. The City reserves the right to require future evaluation of the site related to the proposed adult day care center use, if needed, in the event parking becomes a problem which may include review and processing of a CUP amendment, if deemed appropriate. Applicant is advised that deficient or failure to provide adequate parking related to the adult day care use is a violation of the Conditional Use Permit and therefore subject to revocation pursuant to City Code Section 129. 5. Installation of handicapped parking stall and unloading/loading space including all required appurtances, shall be subject to review and acceptance by Building Official, City Engineer or Public Works Director (or designee). 6. The use shall be limited to no more than (30) clients. Hours and days of operation shall be as outlined in the applicant's narrative and is described as follows: 7AM to 4:30 PM Monday thru Friday with possible expanded operating hours on Saturdays. Special after hour and evening programming special activities related to the principal use referenced in the applicant's submitted shall be permitted but shall conclude by 9PM. 7. Staff for the facility shall be limited to no more than (6) personnel on site at a time. 8. Any disturbance to the existing curb, gutter, streets and sidewalks due to any construction in or around the subject site including, but not limited to, installation of the water service, sewer service, small utilities and removal of existing driveway, shall be the applicant's responsibility to replace. 9. The applicant is advised that City Code Section 129.323 includes regulations related to parking including standards and requirements including, but not limited to, design, construction standards and related appurtances. The applicability of the specific regulations contained in the City Code with regard to the off-street parking lot, in the event alterations and modifications to the lot are to be undertaken to accommodate the proposed adult day care use, will be determined by the Public Works Director. -2650- 10. A sign permit is required for all future signage that is installed, erected, relocated, modified, altered, or changed on the site. Any and/or all new signage shall conform to City Code Section 119. 11. The applicant shall be required to submit all required information upon submittal of the building permit or related applications, when appropriate. 12. Applicant is responsible for obtaining a SewerAvailabil'ty Charge (SAC) determination from the MCES and payment thereof prior to release of any required building or mechanical permit associated with the proposed use. 13. The dumpster(s) shall not be placed in any designated parking area reserved for parking and shall be accessible for provide for property maintenance. Construction of the dumpster(s) and related appurtances as required by the City Code and its proposed placement shall be subject to review and acceptance by the City of Mound. 14. The applicant shall be responsible for contacting the Public Works Director in advance of undertaking any construction activities on the site with regard to required permitting to include any and/or all required conditions. 15. Payment of all fees associated with review of the applicant's request for adult day care use including but not limited to, the CUP and related activities. 16. This conditional use permit is approved for the following legally described property as stated in the Hennepin County Property Information System: Lot 16 and Lot 17 except the easterly 20 feet thereof, Block 2, SHIRLEY HILLS, UNIT F, according to the recorded plat thereof. 17. This conditional use permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to M.S.S. 462.36, Subd. 1. This shall be considered a restriction on how this property may be used. 18. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying for all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. Adopted by the City Council this 28th day of September 2010. Attest: City Clerk Bonnie Ritter Mark Hanus, Mayor -2651- Transfer Entered 12/22/201010:00:00 AM Hennepin County, Minnesota Jill L. Alverson County Auditor and Treasurer 1011111611111111 Doc No T4817062 Certified, filed and/or recorded on 12/22/10 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 45 Doc !dame: Easement Document Recording Fee Multiple Certificates Affected Fee Document Total Existing Certs 1218355 347127 -2652- This cover sheet is now a permanencpw, of the recorded document. Pkg 10 678598 $46.00 $20,00 $66.00 New Certs Soloans adult Day Services LLQ 5200 Maywood Road Mound, Minnesota 55364 ., . THIS AGREEMENT is made as of the Ila day of .t>t 2010, is a shared parking agreement between St. John's English Evangelical Lutheran Church, non-profit, religious institution under the laws of the State of Minnesota, Ingrid Shaw, a single person and Sojourn Adult Day Services LLC, a Minnesota limited liability corporation. St. John's English Evangelical Lutheran Church is the owner ofthe tract of land located at 2451 Fairview Lane, Mound, MN (hereinafter "Parking Property") and is legally described as follows: Tracts.4,B,C,EI,E,F&G, REGL4NDSURVEPNG 0734; HennepinCormty, Minnesota That part ofBlock 2, Shirley Hills, Unit A lying Southeasterly ofthe Southeast line of Tract F, Registered Land Survey No. 739, and Northeasterly ofthe extension Southeasterly of the Southwesterly line of Tract G, said Registered land Survey No. 739 Subject to art easententfor road purpases over the North 33 feet ofTractsAB,C, Registeed Land Survey No, 739 as shown in deeddocument number 697913. Subject to an easement over the rear 5feet of each of lots 15 to I9, inclusive, Block 1, Shirley Hilk, Unit Lr, Mound, Minnesota, as ser forth in deed of record in Book 1533 ofdeeds, Page 28 in the ajj'rce ofthe Register of Deeds afHennepin County, Afinnesota. (Now affecting Tracts EF and G, Registered Land Survey No 739. Subject to thefollowing easemeth: Excepting and reserving unta the party of thefirst part the right at all times to use, repair and maintain that certain drain line constructed beneath the surfae of Lots 16,17,18, Block I, Shirley Hills, Unit Lt, (Now affecting Tracts .4,444E and G. ReoteedLand Survey No 739 and Block2, Shirley Hills, Unit Lt ofthe above described propertyandforsuch purpose to enter upon saidproperty, as shown in deed Doc No 224505, Torrerw Certificate i3 34 712 7 2. Ingrid Shaw, is the owner of the tract of land located at 5200 Maywood Road, Mound,. MN (hereinafter "Subject Property") and legally described as follows: Lot 16 and Lot 17 except the easterly 20 feet thereof, Block 2, SWRLRYHILLS UNIT F, according to the recorded plat thereof Torrens Certificate !3121835.5 3. Sojourn Adult Day Services LLC, is leasing a portion of the Subject Property and has submitted an application for a Conditional Use Permit (CLIP) to allow adult day care services on the premises. 4, The Mound City Council considered the CUP request at their September 2S, 2010 meeting and adopted Resolution leo. 10-71 approving the CUP as recommended by the Mound Planning Commission, subject to conditions, one of which requited the execution of a tease or other agreement, to be provided in recordable form, to provide (6) six deficient parking spaces in accordance with City Cade -2653-129-323. A copy of Resolution leo. 10-71 is on file with the City Clerk. M NOW, THEREFORE, in consideration of the premises and their mutual promises the parties hereto hereby agree as to the terms of the agreement as follows: 1. Subject to the provisions of the agreement, beginning on the effective date, Sojourn Adult Day Services LLC is authorized to use up to 15 parking spaces located within the established parking area on the Parking Properly. 2. The term of the agreement is for five (5) years from the effective date of this agreement with an option to renew for an additional five (5) years. The effective date is the date on which Sojourn noticed the City of Mound that items 4 and 7 have been complied with. 3. The agreement shall be valid only as long as the CUP approved for Sojourn Adult Day Services LLC remains in full force and effect. 4. Prior to the effective date of this agreement, Sojourn will provide St. John's with evidence that St. John's has been be added as an additional insured party on Sojourn Adult Day Services LLC general liability insurance policy. Such insurance shall remain in place throughout the term of this Agreement, and any extension. 5. The parking spaces may be utilized Monday through friday from 7:30 AM until 4:30 PM with limited use after 4:30 PM Monday through Friday and on Saturday from 9:00 AM until 3:00 PM. Ara use raiff be made, of the spacer an.Pr allay. 6. Sojourn Adult Day Services LLC. Sojourn Adult Day Services LLC will indemnity and !mold harmless St. John's English Evangelical Lutheran Church from any claims for damaging resulting from vehicles used or associated with the Sojourn Adult Day Services LLC while parked on the Parking Property. 7. Sojourn Adult Day Services LLC agrees to make a donation to St John's English Evangelical Lutheran Church in the amount of S 150.00 per year for the use of the 15 parking spaces. The fust annual donation shall be made prior to the effective date of this Agreement. 9. Fc'falrctenarmce of Parkirra Spaces. St. John's English Evangelical Lutheran Church shall, at its expense, be responsible for repair, update and maintenance of the parking lot and shall keep the same in good condition. 4. R.ecardina ofAareement. Sojourn Adult Day Services LLC shall be required to record this agreement and shall pay all costs associated with doing so. Sojourn Adult Day Services LLC will also be responsible for providing an executed copy of the agreement to the City of Mound. 10. F€ licerkneous. The Agreementt is intended to run with the land and is binding upon the parties herein and their respective successors and assigns against the City. 11. Governing Lamy. This Agreement shall be interpreted in accordance with and be governed by the laws of the State of Minnesota._2654- 12- leen— tion- This agreement is terminated if the Conditional Use Permit is terminated by the City of Mound or if Sojourn Adult Day Services LLC fabs to satisfy their obligations ander this agreement. The agreement is terminated for the reasons stated above by the terminating party giving 30 day written notice to the other party and she at the same time immediately give written notice of termination to the City of hound. 13. R'otices and Demand& All notices, demands or other communications under this Agreement shall be effective only if made in writing and shall be sufficiently given and deemed given when delivered personally or mailed by certified mail (return receipt requested) or registered mail, postage prepaid, properly addressed as follows: a. St. John's English Evangelical Lutheran Church 2451 Fairview Lane Mound, MN 55364 i Ingrid 6280 D.... IPJ Road Mound, C. Tom Penal Sojour Adult Day Services LLC 4270 Circle Road Tonka Bay, MN 55331 or to such other person at such other address as that party may, from time to time, designate in writing and forward to the other as provided in this Section. 14. Amendment This Agreement may be amended by the parties hereto only by written instrmrment executed in accordance with the same procedures and formality followed for the execution of this Agreement. No amendment shall be effective until the City of Mound has consented in writing to the amendment. 15. Cotrt€tertsartso This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. -2655- fN WITMS WHEREOF, the parties have caused this agreement to be duly executed in their names and behalves and on or as of the date first above %7i�ttten. Kd lci��p,u,,,„ri n Wilburn STATE OF MINNESOTA) ) SS. COUNTY O I, ) The foregoing instrument was acknowledged before me this day of 2010. by Jim Wilbum, St. John's E gelical Lutheran Church Board Chair. NOT4RYST4MF OR SEAL i CHRISTIHEFt. FECII�IE o Pub tc Notary Pubis Minn®sofa fJ Comtnicabr+ Ire¢Jan.Sf 2tit3 c P Ingrid ShavP STATE OF MINNESOTA ) COUNTY OFA",, )SS. The foregoing instrument was acknowledged before me this —T: day of Ji r g u lam/ , 2Gby Ingrid Shaw, a single person. RTOWYSTAMP OR SEAL STATE OF MINNESOTA ) ) SS. COUNTY O , V'� ) The foregoing instrument was acknowledged before me this of 2010 by Tom Penn, Partner/Owner, ojourn adult Day Services LLC. fdOTARYST41dp OR SE4L Public city of Mound Maywood5431 'moa N -2656- "Kr vA f��fff��3333 1 , MN 5564 Moundt. CITY OF MOUND RESOLUTION NO, 11-43 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR THE PROPERTY LOCATED AT 5200 MIAYWOOD ROAD P & Z CASE # 11-05 PID #13-117-24-43-0145 WHEREAS, the City Council, at its September 28, 2010 meeting, adopted Resolution No. 10-71 approving a Conditional Use Permit (CUP), subject to conditions, from Tom Penn, on behalf of Sojourn Adult Day Services LLC, to operate a licensed adult day center in the building located at 5200 Maywood Road; and WHEREAS, the current CUP allows (30) clients at the facility who are transported to and from the facility by van/bus Monday through Friday between 7AM and 9:30AM and between 2 p.m. and 4 p.m. with a daily average of 6-8 transport vehicles. The CUP also limits the number of staff to no more than (6) personnel on the site at a time; and WHEREAS, the applicant, Tom Penn, on behalf of Sojourn Adult Day Services LLC, submitted an application for a CUP amendment which was deemed to be complete on April 5, 2011; and WHEREAS, the purpose for the proposed CUP amendment is to increase the number of clients at the facility to (40) and to address the related operational issues including (but not limited) to staffing, which is anticipated to increase from between 3-4 on duty at any one time to between 4-7 on duty at one time, parking, and the number of transport vehicles that serve the facility which is expected to increase to 8- 10 per time period; and WHEREAS, Ingrid Shaw, the building owner, signed the CUP application submitted by the applicant thereby consenting to the request; and WHEREAS, details and background regarding the request are contained in Planning Case Report No. 11-05 and the submitted application and support materials which have been provided by the applicant including but not limited to the applicant narrative; and WHEREAS, the Planning Commission, at its May 3, 2011 meeting, reviewed the CUP amendment unanimously recommended approval of the CUP, as recommended by Staff, subject to conditions; and WHEREAS, the City Council, at its May 24, 2011 meeting, held a public hearing for review of the CUP amendment request. NOW ,THEREFORE, BE IT RESOLVED, the City Council of the City of Mound does hereby approve the requested amendment to the Conditional Use Permit (CUP) as approved by Resolution No. 10-71 for Sojourn Adult Day Services, LLC, which allows licensed adult day care activities in the building located at 5200 Maywood Road subject to the following conditions: 1. The required building modifications from Dean Mau of MnSpect related to the building and fire code must be completed and inspected prior to increased occupancy. A copy of the final inspection report showing compliance shall be provided to the City by the applicant. The applicant shall submit all required information upon submittal of the building permit or related applications, when appropriate. -2657- Resolution No. 11-43 2. All required licensing from the Department of Health and any other involved agencies must be obtained and written documentation provided to the City of Mound by the applicant. 3. The use shall be limited to no more than (40) clients. Hours and days of operation shall be as outlined in the applicant's CUP amendment narrative and is described as follows: 7 a.m. to 4:00 p.m. Monday thru Friday with possible expanded operating hours on Saturdays. Special after hour and evening programming and special activities related to the principal use referenced in the applicant's submitted narrative shall be permitted but shall conclude by 9 p.m. 4. Staff for the facility shall be limited to no more than (7) personnel on site at a time. 5. The "new" parking deficiency for the site created by proposed CUP amendment is seven (7) parking spaces. The additional (1) space is accommodated by the existing shared parking agreement between the applicant/owner/St. John's Lutheran Church. 6. The City reserves the right to require future evaluation of the site related to the proposed adult day care center use, if needed, in the event parking becomes a problem, which may include review and processing of a CUP amendment, if deemed appropriate. 7. All conditions not associated with the CUP amendment contained in Resolution No. 10-71 shall remain in effect. 8. Payment of all fees associated with review of the applicant's request for adult day care use including, but not limited to, the CUP amendment and related activities. 9. This conditional use permit is approved for the following legally described property as stated in the Hennepin County Property Information System: Lot 16 and Lot 17 except the easterly 20 feet thereof, Block 2, SHIRLEY HILLS, UNIT F, according to the recorded plat thereof Torrens Certificate # 1218355 10. This conditional use permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to M.S.S. 462.36, Subd. 1. This shall be considered a restriction on how this property may be used. 11. The applicant shall have the responsibility of filing this resolution with Hennepin County and paying for all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. Adopted by the City Council this 24`" day of May, 2011. Attest: Bonnie Ritter, City Clerk Mark Hanus, Mayor -2658- e njL Executive Summary TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: October 20, 2016 SUBJECT: Major Subdivision - Final Plat for Indian Knoll Manor Apartment Remodel/Addition and New Construction Project 2020 Commerce Boulevard and 5524 Spruce Road Applicant: Aeon/ IKM Limited Partnership Summary At its October 25, 2016 meeting, the City Council will consider several actions related to the major subdivision -preliminary plat for the Indian Knoll Manor redevelopment project proposed for the property at 2020 Commerce Boulevard, which is owned by the Housing and Redevelopment Authority of and for the City of Mound, and the property at 5524 Spruce Road which is owned by IKM Limited Partnership. The proposed project includes remodel/addition of the existing apartment complex to add 6 new units to the 50 -unit building and construction of 10 new townhomes. Prior to recording of the plat, the property owned by the HRA will be sold. The Indian Knoll Manor redevelopment project has received approval of a preliminary plat, (Resolution No. 16-81); a Conditional Use Permit -Planned Development Area (CUP -PDA), expansion permits and variances (Resolution No. 16-82) . Additional approvals received included rezoning and approval of a comprehensive plan amendment for the property at 5524 Spruce Road. The requested actions to be considered for the Indian Knoll redevelopment project are identified below: • Action on the final plat ("Indian Knoll Manor") • Action on the development agreement • Action terminating a fence height variance from 1989 and a CUP and variance from 2005. Information The City's subdivision regulations (City Code Chapter 121) do not require review of a final plat by the Planning Commission prior to consideration by the City Council. A public hearing is not required for a final plat. -2659- Based on information provided by Aeon, the deed for the HRA property is to be recorded prior to the recording of the final plat, therefore the HRA, who currently owns the Indian Knoll apartment building and property, will not be required to sign the final plat. The final plat submitted is consistent with the preliminary plat approved on July 12, 2016 for the Indian Knoll Manor redevelopment project A development agreement was prepared for the project and is included for consideration by the City Council as a separate item. The content and form of the development agreement prepared is similar to previous agreements for past projects and has been reviewed by Aeon and the City Attorney. It is important to mention that the development agreement requires payment of (10) trunk area charges for sewer ($2000.00) and water ($2000.00) for each of the new townhomes which is the same determination that was made by the MCES related to the SAC charges for the proposed project. Members are advised that the cost estimates for the "Developer Items" referenced in "Exhibit B" in the development agreement will be provided by Aeon. A title opinion was prepared by the City Attorney and was provided to Aeon. An item from the title opinion that requires action by the City Council, and was requested by Aeon, is termination of a variance approved for fence height in 1989 and a CUP and variance approved in 2005 for the Indian Knoll Manor property because these approvals will become null and void with the new project. A resolution to terminate these approvals has been prepared and included for consideration by the City Council following action on the final plat and the development agreement. Recommendations Staff recommends approval of the final plat, the development agreement and termination of the 1989 variance and 2005 conditional use permit and variance for the Indian Knoll Manor property. Draft resolutions of approval for each of these actions have been prepared for consideration by the City Council. -2660- RESOLUTION NO 16 - RESOLUTION APPROVING THE MAJOR SUBDIVISION -FINAL PLAT FOR INDIAN KNOLL MANOR WHEREAS, the property located at 2020 Commerce Boulevard, owned by the Housing and Redevelopment Authority of and for the City of Mound (HRA) and adjacent property at 5524 Spruce Road owned by IKM Limited Partnership are subject to a redevelopment project to include remodel/addition of the existing apartment complex to add 6 new units to the 50 -unit building and construction of 10 new townhomes ("the Project"); and WHEREAS, the HRA property at 2020 Commerce Boulevard is being sold to the Developer; and WHEREAS, the Project has received Mound City Council approval of a preliminary plat, (Resolution No. 16-81); a Conditional Use Permit -Planned Development Area (CUP - PDA), expansion permits, and variances (Resolution No. 16-82); and WHEREAS, the applicant, Aeon, has submitted a Major Subdivision -Final Plat application to plat the proposed Indian Knoll Manor property described in Exhibit A; and WHEREAS, the Major Subdivision -Final Plat is consistent with the Major Subdivision - Preliminary {lat whMch was approved by the City Council by Resolution No. 16-81 on July 12, 2016; and WHEREAS, Staff has reviewed and recommended approval of the Major Subdivision - Final Plat for Indian Knoll Manor with conditions; and WHEREAS, the City Council reviewed the Major Subdivision -Final Plat request at its October 25, 2016 meeting and determined that the proposed plat is consistent with the plans and policies of the City; and WHEREAS, in granting approval of the Major Subdivision -Final Plat, the City Council hereby makes the following findings of fact: 1. The proposed Major Subdivision -Final Plat is consistent with applicable development plans and policies of the City of Mound. 2. The proposed Major Subdivision -Final Plat is in all respects consistent with the preliminary plat. 3. The proposed development will not negatively impact the public health, safety or welfare of the community. -2661- WHEREAS, with the written extension from the applicant received on August 18, 2016, the City Council's approval of the Major Subdivision -Preliminary Plat is within the required 120 -day timeline in state statute. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, does hereby incorporate the restate the recitals set forth above and does hereby approve the Major Subdivision -Final Plat for Indian Knoll Manor as requested by the applicant, with the following conditions: 1. The Final Plat drawing labeled as Exhibit B is hereby incorporated into this Resolution. 2. All conditions included in the official resolutions approving the Major Subdivision -Preliminary Plat and the conditional use permit/variances/ expansion permit, as approved by the City Council on July 12, 2016, 3. Applicant shall pay all costs associated with the Major Subdivision -Final Plat application. 4. A development agreement shall be prepared and executed by the involved parties and recorded at Hennepin County at the time the Final Plat is recorded. 5. Applicant shall be responsible for procurement of any and/or all public agency permits including the submittal of all required information prior to building permit issuance. The applicant shall record the resolutions, the Final Plat, the development agreement and all other required documents with Hennepin County. The applicant is advised that the resolution(s), the Final Plat and all other required documents will not be released for recording until all conditions have been met. Release of the resolutions for recording shall be deemed conclusive proof that all conditions have been met. 7. No future approval of any development plans and/or building permits is included as part of this action. 8. The applicant shall satisfy all items included in the plat opinion prepared by the City Attorney. 9. Recording of the Major Subdivision- Final Plat and all related documents City's approval of the Indian Knoll project shall take place after the deed for the HRA property has been transferred. -2662- NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound: The Major Subdivision -Final Plat, in substantially the form included as Exhibit B, is in all respects hereby approved. The City Manager -Public Works Director is hereby authorized to approve minor changes and revisions that are in keeping with the intent of the City Council's approval of the Major -Subdivision -Final Plat in this Resolution. 2. The City Manager -Public Works Director and Mayor and hereby directed to execute the Major Subdivision -Final Plat and to take all steps necessary to carry out the obligations of the City Council thereunder. Mark Wegscheid, Mayor Attest: Catherine Pausche, Clerk -2663- Exhibit A EXISTING Lots 21, 33, 34 and 35, Block 2, LAKESIDE PARK: A.L. CROCKER'S IST DIVISION, MOUND, MINNETONKA, Hennepin County, Minnesota. TOGETHER WITH that part of the southeast half of vacated Crocker Avenue, originally dedicated in said plat of LAKE SIDE PARK: A.L. CROCKER'S IST DIVISION, MOUND, MINNETONKA, which lies southwesterly of the northwesterly extension of the northeasterly line of said Lot 21, Block 2, and which lies northeasterly of the northwesterly extension of the northeasterly line of Lot 22, said Block 2. AND Lots 23, 24, 25 and 26, Block 1; Lots 22 and 23, Block 2; and that part of Lots 24, 25 and 26, Block 2, lying North of the street as opened; and Lots 4, 5, 6, 7, 8 and the North 10 feet of Lot 9, Block 4, all in LAKE SIDE PARK: A.L. CROCKER'S 1ST DIVISION, MOUND, MINNETONKA. TOGETHER WITH that part of vacated Shady Lane, originally dedicated in said plat of LAKE SIDE PARK: A.L. CROCKER'S 1ST DIVISION, MOUND, MINNETONKA, which lies northerly of the easterly extension of the south line of said north 10.00 feet of Lot 9, and which lies southerly of a line described as beginning at the northeast comer of said Lot 4; thence easterly along the easterly extension of the north line of said Lot 4 to the centerline of said vacated Shady Lane; thence southerly along said centerline to its intersection with a line drawn perpendicular to said centerline, westerly from the most northerly northwest corner of said Lot 24, Block 1, perpendicular to said centerline; thence easterly, along said perpendicular line, to said most northerly northwest corner, and said line there terminating. ALSO TOGETHER WITH that part of the northwest half of said vacated Crocker Avenue which lies southwesterly of the southeasterly extension of the northeasterly line of said Lot 26, Block 1. ALSO TOGETHER WITH that part of the southeast half of said vacated Crocker Avenue which lies southwesterly of the northwesterly extension of the northeasterly line of said Lot 22, Block 2. EXCEPTING THEREFROM: All that part of the following described tract: Lots 4, 5, 6, 7, 8 and the North 10 feet of Lot 9, in Block 4, LAKE SIDE PARK: A.L. CROCKER'S 1 ST DIVISION, MOUND, MINNETONKA, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, which lies Westerly of the following described line: Beginning at a point on the North line of said Lot 4, distant 7.0 feet Easterly of the West line of said Block 4; thence run Southerly parallel with said West line for a distance of 128 feet; thence run Southeasterly to a point on a line drawn parallel with and distant 13 feet Easterly of said West line, said point being distant 57 feet Northerly of the South line of the North 10 feet of said Lot 9; -2664- thence run Southerly along said parallel line to the South line of said North 10 feet and there terminating. Together with that part of the first above tract not acquired herein, which lies Southwesterly of the following described line: Beginning at a point on the South line of said first above described tract distant 6 feet East of the above described line; thence Northwesterly to a point on said described line distant 4 feet North of the South line of said first above described tract and there terminating. PROPOSED Lot 1, Block 1, INDIAN KNOLL MANOR, according to the recorded plat thereof, Hennepin County, Minnesota -2665- (final plat) -2666- KNOW ALL PERSONS Bi THESE PRESENTS: That IKM Limited partnership, a Minnesota limited partnership, owner of the following described pmperty: Lots 21, 33, 34 and 35, Block 2, LAKE 510E PARK: A.L. CROCKER'5IST DIVISION, MOUND, MINNETONKA, Hennepin County, Minnesota. TOGETHER WITH that part of the southeast half of vacated Crocker Avenue, originally dedicated in said plat of CAKE SIDE PARK: A,L. CROCKER'S 15T DIVISION, MOUND, MINNETONKA, which lies southwesterly of the northwesterly extension of the martiniline of said Let 21, Block 2, and which lies northeasterly of the northwesterly ertension of the northeasterly line of Lot 22, said Block 2. AND Lots 23, 24, 25 and 26, Block 1; Lots 22 and 23, Block 2; and that part of Lots 24, 25 and 26, Block 2, lying en rid; and Lots > 8ad the North 10 feet of int9 Block 4, allm y g Ortho([ street CKER e, , .6, n , LAKE 510E PAflK:AL [ROCKER'S IST DIVISION MOUND MINNETONKA. T tl dedicated in said plat of LANE SIDE PARK: O, CROCKWITHCh DIVISION, Ot, MOUN,MINNETONKLAin hi the CROCKER'S IST DIVISION, MOUND, Lot 9, and which which liesnortherly oftheeasibed aMenzbn of Ne south line of said north 1000 feethe Lot 9, and y aloM1 lies southerly ex eline described as beginning at the northeast kcornerno., of said sued . [hence easterly along the easterly stenion of the north line of said Lot 4 to the centerline of said vacated Shady Lane; [Fence southerly along said most centerline to its mai c with a line drawn perpendicular to said centerline, westerly ;thefrom the mast northerly northwest corner of said Lot 24, Block rl perpendicular to said centerline; thence easterly, along said perpendicular line, t0 said most northerly northwest corner, and said line there terminating. ALSO TOGETHER WITH that on of the northwest half of said vacated Crocker Avenue which It., southwesterly of [he'From etedy extension of the northeasterly line of said Lot 26, Block 1, ALSO TOGETHER WITH that part of the southeast half of said vacated Crocker Avenue which Iles eachwestetly of the ca,hwesterly ertem on of northeasterly line of said Lot 22, Block 2. EXCEPTING TH EREFROM. All that part of the following described trach: Lots 4, S, 6, 7, 8 and the North 10 feet of Lot 9, In Block 4, LAKE SIOE PARK: A CROCKER'S 17 DIVISION, MOUND, MINNETON KA, acwrding to the map or plat thereof on the and of record in the office of the Register of Deeds in and for Hennepin County, which lies Westerly of the following described line: Begioningat a point on the North line of said Lot 4, distant 7.0 feet Easterly of the West line of said Black P thence run Southerly parallel with said West l' for a distance of 128feet; thence run Southeasterly to a point on a line drawn patch with addistant 13 feet Easterly of tad West foe, sad point bengdstant 57 feet Northerly ofthe 5o [h line fth Nunn 10 feet of sad Lot 9; thence on, Southerly along said parallel line to the South line of said North 10 fees and there term pat ng. Together with that part of the firs above tract not acquired herein, which Res Southwesterly of the fDllawing described line. Beginning at A point on the some line of said In. above described treat d8tant 6 feet East oflha above described ],an; thence Northwesterly to a point on said described line distant 4 feet North of me South Rne of said first above described tract andthere terminating. Has caused the same to be surveyed and platted as INDIAN KNOLL MANOR and does hereby dedicate to [he public for public use he public ways and the drainage and utility easements as located on this plat. In witness whereof said IKM Limited Partnership, a Minnesota limited partnership, has caused these presents to be stood by its proper officer'his _ do, of ,20_ IKM Limited Partnership By: the STATE OF COUNT, of This instrument was acknowledged before me on_ dayof ,20 ,by mited ,the of IKM Li Partnership, a Minnesota limited partnership, on behalf of the partnership. Printed Name My commission expires I Maus I, Hampton do hereby certify that this plat was prepared by me or Under my direct supervio a that I am a duly Licensed Land Surveyor in the State of Minnesota; thatffiis plat is a correct representation of the boundary survey; that all mathearancal data and labels are correctly designated on this plat that all monuments depicted on this plat have been, or win be correctly set within one yedU that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505 01, Fred. 3, as ofthe date Of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this dayof ,20 Marcus F. Hampton, Licensed Land Surveyoq Minnesota License No. 47481 STATE OF MINNE50TA COUNTY OF _ This 'nstrument was acknowledged before me on this _ day of 20 , by Marcus F. Hampton. Printed Name My Comminion exptres January 3C I I 2 I Ali=C.Ir1C I \ f \ L_ IJ L- L _ -!1 � 31 - i I Y NORTH ST CORNER pF Loi a, ewcK a-, -Nrek M LINE OF LOT 4, BLOCK 4'\ = O M 05 " --' S86°47'44"E 113.00 -gym r � I \ se V 22 \f\ \ Oc sins \ :; NdLOPCO ryh 'I \ ��co\\d' I \ yO qn / ad is '1C \ Y O i �. \ IO \ I �\ \is Call He Cdis is w w ii' y// \ 9,e \ \ri is \\yC For on 0 sly (J As,ZI n\. L.. �I \vUl �L_I\\ ojy� /\�\ `D4/ C) I sc r- rc ✓•A J l ai r \\ \ (J ONO. H IO -- i a I / \ y J/Ce�FP\\� Or 9J' -'k/' LOT 1�in` �t� �` � N1 BLOCK� 1I = /N', 4P a\ \ \ L j CJ \ \ I ,moi I c¢/ \\ 5, \ \ ( `L --EXCEPTION _` � pRAINA OE @ UTILITY E--`�-�y( y 2, a b FEET of Lor s, .Loc« 1 -FACTIF HAS .1 TI 4 ° I I^ N8647'44 W 251.75 NORTH Ube of VALSKoN S.A. As OFENEp- '\\\ ER L. N0. 1695856 \ V/A T, \ \ n nom- r -s F V CITY COUNCIL, City of Mound, R TMsplat of INDIAN KNOLL MANORwas approved and accepted bytbe C'ry Council of the 20 of Mound, Minnamcmplianeta at X ar meetingwith Hereof of Mos day of ,2OJ and said plat Is in compliance wi[n the provisions of Mlnneso[a Salutes, Settion SOS 03, Subd 2. By Mayor RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesotd have been aid forth. land d..r.bycertify[hattaxexpath,, nMeyear 20 and prior years p eex[rmea on this plat, dated eMx dayof zo_ Mark V. Chapin, County Auditor SURVEY DIVISION, Hennepin County, Minnesota Pursuant to MN. STAT. Sr,. 3838.565 (19691, this plat has been approved this _day of 2° Chn, F. Mavis, CDunry Surveyor By: COUNTY RECORDER, Hennep(n County, Minnesota I hereby certiN that the within plat Of INDIAN KNOLL MANOR was recorded in this office his day of ,20_,At o'dock_M. Martin McCormick County Recorder By Deputy �D. ke J f �d �"r \ VIVIJIVIv \ is Sy vlLiNi,Er �vIIJ'v'�v/Ee�6o°� y'§ �4 qA ° sky, yJ x,60 OQ 11 ® DENOTES FOUND 1/2 INCH IRON MONUMENT, UNLESS OTHERWISE NOTED 0 DENOTES SET 1/2 INCH x 14 INCH IRON PIPE MARKED BY L L No, 47401 A DENOTES SET MAGNETIC NAIL 0 DENOTES FOUND CAST IRON MONUMENT N SCALE IN FEET 0 30 60 90 Y w4 �\ BEARINGS ARE BASED ON THE NORTH LINE OF LOT 4, BLOCK 4 OF LAKE 510E PARKA.L. CROCKERA IST DIVISION, MOUND, MINNETONKA WHICH IS AESUMED TO HAVE A BEARING OF 5 864]44" E ® DENOTES FOUND 1/2 INCH IRON MONUMENT, UNLESS OTHERWISE NOTED 0 DENOTES SET 1/2 INCH x 14 INCH IRON PIPE MARKED BY L L No, 47401 A DENOTES SET MAGNETIC NAIL 0 DENOTES FOUND CAST IRON MONUMENT N SCALE IN FEET 0 30 60 90 CITYOF MOUND RESOLUTION NO. 16 - RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR INDIAN KNOLL MANOR WHEREAS, the property located at 2020 Commerce Boulevard, owned by the Housing and Redevelopment Authority of and for the City of Mound (HRA) and adjacent property at 5524 Spruce Road owned by IKM Limited Partnership ("Developer") are subject to a redevelopment project to include remodel/addition of the existing apartment complex to add 6 new units to the 50 -unit building and construction of 10 new townhomes ("the Project"); and WHEREAS, the HRA property at 2020 Commerce Boulevard is being sold to the Developer; and WHEREAS, the Project has received Mound City Council approval of a preliminary plat, (Resolution No. 16-81); a Conditional Use Permit -Planned Development Area (CUP -PDA), expansion permits, and variances (Resolution No. 16-82); and a final plat (Resolution No. 16- _); and WHEREAS, a condition of the City Council's approval of the final plat includes the execution of a development agreement for the Indian Knoll Manor project; and WHEREAS, the City Council has reviewed the form of document entitled: Development Agreement (Indian Knoll Manor) attached hereto as Exhibit A. The Development Agreement was recommended for Council approval by Staff; and WHEREAS, it is the desire of the City Council to enter into such Development Agreement with the Developer for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of and for the City of Mound, Minnesota, as follows: 1. The Development Agreement, in substantially the form included as Exhibit A, is in all respects hereby approved. The City Manager -Public Works Director and City Attorney are hereby authorized to make required changes and revisions that are in keeping with the intent of the Development Agreement. 2. The City Manager -Public Works Director and Mayor and hereby directed to execute the Development Agreement and to take all steps necessary to carry out the obligations of the City Council thereunder. Adopted by the City Council of the City of Mound, Minnesota, this 25th day of October, 2016. Mark Wegscheid, Mayor Attest: Catherine Pausche, City Clerk DEVELOPMENT AGREEMENT INDIAN KNOLL MANOR This Development Agreement ("Agreement") is made and entered into this _ day of , 2016, by and between the City of Mound, a Minnesota municipal corporation ("City"), and IKM Limited Partnership, a Minnesota limited partnership ("Developer"). City and Developer may hereinafter be referred to individually as a "party" or collectively as the "parties." RECITALS A. Developer is the fee owner and developer of parcels of land described on the attached Exhibit A (collectively, the "Subject Property") which is proposed to be developed as a subdivision in City bearing the name "Indian Knoll Manor." B. City approved the preliminary plat (Resolution No. 16-81); a Conditional Use Permit - Planned Development Area (CUP -PDA), expansion permits, and variances (Resolution No. 16- 82); and a final plat (Resolution No. 16-_) (collectively, the "Approval Resolutions") named Indian Knoll Manor (collectively, the "Project"). The Project includes a multiple family development with 56 units in the apartment building and 10 townhomes, contingent upon compliance with certain City requirements including, but not limited to, matters set forth in the Approval Resolutions. C. As provided in state law, for two years from the date of final approval of the plat, no amendments to City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by City and Developer. D. The Subject Property will be developed in accordance with the site development plans approved by the City Council on July 12, 2016 ("Site Development Plans"), copies of which are on file with City. If the Site Development Plans vary from the written terms of this Agreement, the written terms of this Agreement shall control. E. City and Developer now desire to enter into this Agreement setting forth certain requirements and obligations relating to the development of the Subject Property. This Agreement is intended to replace and supersede all previous oral agreements and previous negotiations between the parties related to the development of the Subject Property. F. City further requires that Developer perform other work and install certain on and off-site improvements as part of the Project, which work and improvements generally consists of grading and site alteration activities, utilities, landscaping and plantings, erosion control, parking lot/sidewalk construction and installation of a play area and equipment. The improvements to the Subject Property are hereinafter referred to collectively as the "Developer Items" or the "Improvements." The Developer Items to be constructed under this Agreement are private improvements and are not be dedicated to or accepted by City as public improvements. References in this Agreement to City accepting the Developer Items is to City determining the item 1 -2669- was constructed in accordance with the approved plans and specifications, and does not constitute City assuming any ownership in or responsibility for the Developer Items. AGREEMENT In consideration of the mutual promises and agreements hereinafter set forth, and intending to be legally bound, the parties do hereby agree as follows: ARTICLE ONE CONSTRUCTION OF IMPROVEMENTS I. DEVELOPER ITEMS: 1.01. Developer Responsible. Developer agrees to construct and fully pay for the Developer items required for development of the Property, substantially as described in the Site Development Plans and the final construction plans and specifications. A copy of the final construction plans and specifications must be filed with the City Manager -Public Works Director and must be approved prior to commencement of construction of the Developer Items. For the purpose of this Agreement, the final construction plans and specifications prepared by Cermak Rhodes Architects dated August 22, 2016 shall be known as the "Final Construction Plans." Final Construction Plans shall be consistent with the Site Development Plans approved by the City Council on July 12, 2016. Any listed Improvement for which no plan sheet is identified will be subject to review and approval by the City Manager -Public Works Director. None of the Improvements will be constructed until the City Manager -Public Works Director has reviewed and approved the plans and specifications, which review shall be consistent with standard City practices. Items and estimated costs are listed in the attached Exhibit B. The Developer Items shall be materially constructed substantially in accordance with the Approval Resolutions, City specifications, and the Final Construction Plans. Prior to beginning construction, Developer or Developer's engineer will schedule a preconstruction meeting with all parties concerned, including City staff and engineers to review the program for construction work. All labor and work will be done and performed in substantial conformance with the Final Construction Plans. Any deviation from the Final Construction Plans must be preapproved in writing by the City Manager -Public Works Director. 1.02. Staking Surveying and Inspections. Developer must provide all required staking and surveying for the Developer Items in order to ensure that the completed Developer Items conform to the Final Construction Plans. City will provide for construction inspection. Developer must notify the City Manager -Public Works Director at least 48 hours in advance, not including weekend days or holidays, for inspection service or scheduling of tests to be performed. Costs incurred by City for the inspection activities will be recovered through the escrow described in paragraph 3.07. 1 -2670- 1.03. Records. Upon request by the City Manager -Public Works Director, Developer will provide requested copies of bids, change orders, suppliers, subcontractors, or related matters, relating to the work to be performed by Developer. 1.04. Final Inspection/Acceptance. Upon completion of all work required by the City Manager - Public Works Director, the City Manager -Public Works Director and representatives of Developer's contractor and/or engineer will promptly make a final inspection of the work. 1.05. As -built Plans. Upon completion of the work, Developer shall provide City with: (i) a full set of as -built plans in a digital PDF format; and (ii) an as -built survey in a CADD format, for City records. 1.06. Warranty Bond. Developer and/or its contractor shall be required to furnish City a two- year warranty bond or maintenance bond covering all Developer Items. Developer shall be responsible for ensuring all warranty work is completed in a timely maturer. If Developer fails to complete any warranty work, City is authorized to make a claim against the bond to have the work completed. 1.07. Time for Developer's Performance. Developer will commence work on the Developer Items as soon after execution of this Agreement as is feasible in light of weather conditions, and will have all work done and the Developer Items completed to the satisfaction and approval of City on or before June 30, 2018. City may, at its discretion, extend the date specified for completion upon receipt of written notice from Developer of the existence of causes over which Developer has no reasonable control that will delay the completion of the work. Whenever an extension of the date of completion is granted by City, Developer must continue the bond or financial guaranty required by this Agreement to cover the work during the extension of time. 1.08. Maintenance of Developer Items. Developer shall be responsible for all maintenance, upkeep and repair (including, but not limited to snow plowing, mowing, weed control, and landscaping) of the Developer Items until such are completed and accepted by City. Developer shall remain responsible for all maintenance and upkeep of the Developer Items that are not transferred to City. Developer hereby agrees to indemnify and hold City harmless from any and all claims for damages of any nature whatsoever arising out of Developer's acts or omissions in performing the obligations imposed upon Developer by this paragraph. II. EASEMENT; RIGHT OF ENTRY: 1.09. To Developer. City grants to Developer a temporary easement over, under and across the rights-of-way adjacent to the Subject Property for purpose of construction of the Developer Items. The easement will commence with the filing of the final plat for Indian Knoll Manor with Hennepin County Recorder's Office and shall terminate upon acceptance of the Developer Items by City. Developer shall be responsible for the reconstruction of any street impacted by any Developer Item activity. Developer shall be responsible for ensuring the street and right-of-way are kept clear of dirt and debris from the construction activities. 1 -2671- 1.10. To Ci . Developer grants to City, its agents, representatives, employees, officers, and contractors, a right of reasonable entry to access all areas of the Subject Property to perform any and all work and inspections necessary or deemed appropriate by City during the installation of the Improvements, or to take any corrective actions deemed necessary by City. The right of reasonable entry conveyed by Developer to City shall continue until City accepts Developer Items. City will provide Developer with reasonable notice prior to exercising its rights hereunder, except in the case of an emergency. ARTICLE TWO FINANCIAL GUARANTY AND REQUIRED PAYMENTS 2.01, Park Dedication and Fees. The Subject Property, which includes the existing site located at 2020 Commerce Boulevard (previously developed and currently operating as a 50 -unit public housing community) and the existing site located at 5524 Spruce Road (previously developed with a single family home). The two sites are being combined, not subdivided, into one cohesive project site that will serve not only the existing 50 affordable households, but an additional 16 affordable households through a combination of 6 new apartment units and 10 new townhomes. The 0.35 acre property at 5524 Spruce Road was previously assessed by the Hennepin County Assessor's Office with a land value of $52,000. Assuming a park dedication fee of 10% of assessed land value, the project would generate a fee in the amount of $5,200 for this parcel. The previously developed parcel at 2020 Commerce Boulevard does not have an assessed value from Hennepin County since it is currently owned by the Housing and Redevelopment Authority of and for the City of Mound; however, applying the per acre assessed value of 5524 Spruce Road site to the 2020 Commerce Boulevard site results in a land value of $222,856. Combining the two sites together results in a 1.85 acre site and a total estimated assessed land value of $274,856, 10% of which would be $27,486. As part of the development scope of work for the Project, Developer is providing a play area. The play area is expected to be approximately 875 square feet and the cost of the equipment for the play area is expected to be $25,000. With the installation of the play area and park equipment being included in the Project, the parties agree Developer is meeting the required park dedication requirements in accordance with City Code Sec. 121-121 for the Project. 2.02 Utility Connection Fees. A. Developer shall pay City $2,000.00 for the Water Trunk Area Charges and $2,000.00 for the Sewer Trunk Area Charges prior to release of the plat for each of the nine (9) units as determined by Residential Equivalent Connections assigned by the Metropolitan Council, unless City Council approves an alternate fee structure for the Project. B. Developer shall pay City $240.00 for Water Connection Fees and $240.00 for Sewer Connection Fees for each of the 10 new connections for the townhomes on the Property at the time of building permit issuance. C. The Metropolitan Council Environmental Services (MCES) Sewer Area Charge a -2672- (SAC) charges shall be nine (9) as in the MCES letters dated September 19, 2016. September 20, 2016 and September 29, 2016 respectively. The MCES SAC charges due shall be collected at the time the building permits are issued and shall be the amounts currently in effect at the time of permit issuance 2.03 Financial Guaranty, Developer Items. Prior to commencement of construction of the Developer Items, Developer will furnish City with a payment bond and a performance bond covering construction of the Project, including the Developer Items, naming City as an additional or dual obligee ("Developer Item Security"), which shall be subject to review and approval by the City Attorney. The payment bond and performance bond must each be in amount of not less than the total estimated construction costs of the Developer Items. The Developer Item Security must contain a provision that prohibits the surety from terminating the Developer Item Security without first giving 30 days' written notice to City of the proposed termination of Developer Item Security. Failure of Developer to provide the Developer Item Security from commencement until completion of the Project and acceptance by City shall constitute a default. Upon failure of Developer to perform, City may declare the Agreement to be in default and City may make a claim on the bonds to secure the proper completion of any of the Developer Items not completed in accordance with the terms of this Agreement. Developer also agrees to reimburse City for any attorneys' fees, engineering fees or other technical or professional assistance, including the work of the City staff and employees related to Developer's default. Developer shall be liable to City to the extent that the Developer Item Security is inadequate for the completion of the Developer Items. ARTICLE THREE OTHER REQUIREMENTS 3.01. Indemnification. Notwithstanding anything to the contrary in this Agreement, City, its officials, agents and employees shall not be liable or responsible in any manner to Developer, Developer's contractors or subcontractors, material suppliers, laborers or to any other person or persons for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work required by this Agreement to be performed by Developer. Developer shall indemnify and hold City, its officials, agents and employees harmless from all such third party claims, demands, damages, or causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys' fees, consulting engineering services, and other technical or professional assistance, including the work of City staff and employees. Developer's undertaking contained in this paragraph does not apply to any claims arising directly from the negligent acts or omissions of City, its officers, agents or employees in connection with construction of the Public Improvements. Nothing in this Agreement shall be construed as a limitation on or waiver of any exemptions or limitations on liability available to City under Minnesota Statutes, Chapter 466 or other law. 3.02. Insurance. Developer shall furnish proof of insurance acceptable to City, covering any commercial liability or property damage by reason of the operation of Developer's equipment, laborers, and hazards caused by the Improvements. The insurance shall be sufficient to cover Developer's indemnification obligation under this Agreement. Developer must keep the insurance -2673- in force at all times that construction on the development is in progress. The insurance must name City as an additional insured and must provide that the insurer will give City not less than 30 days' written notice prior to cancelation or termination of the insurance policy. 3.03 Permitting. Developer shall be responsible for obtaining all required permits and licenses to undertake the improvements on the Subject Project as shown on the Site Development Plans and shall provide a copy of all permits to City prior to the release of required permits to commence site alteration and building permit activities. 3.04 Early Start. The Housing and Redevelopment Authority of and for the City of Mound, by separate agreement with Developer, has authorized submittal of a building permit application and issuance of a building permit to Developer to undertake internal demolition of units 104 and 209, excavation for footings, forming and pouring footings, building the foundation wall and backfilling activities for the apartment building remodel/addition project at 2020 Commerce Boulevard, prior to closing on the Property and recording of the Major Subdivision -Final Plat and this Agreement for the Project. Any work performed on the Developer Items under the early start agreement shall comply with the standards and requirements established in this Agreement. 3.05 Occupancy Permits. In addition to the other requirements for the issuance of an occupancy permit, unless otherwise authorized in writing by the City Manager -Public Works Director, no occupancy permits shall be issued until: A. all utilities serving the units are tested and approved by City, and have been placed in service; B. all building permit fees for the units have been paid in full; and C. the City's Building Official has authorized and approved the issuance of an occupancy pen -nit. Due to seasonal issues, Developer may request a temporary occupancy certificate be issued. Issuance of a temporary occupancy certificate shall be at the discretion of the Building Official and City Manager -Public Works Director and will include reasonable conditions to ensure completion of any remaining activity and/or improvement. 3.06 Underground Utilities. Developer shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the Subject Property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the Subject Property. Developer agrees to comply with applicable requirements of franchise ordinances in effect in City, copies of which are available from the City Clerk, 3.07. Escrow. Developer shall submit to City a cash escrow in the amount of $5,000.00 ("Escrow"). The parties agree the Escrow is to be used by City to pay or reimburse itself for the costs it incurs for carrying out of inspection activities (including the clean-up activities under 3.09(A)), legal fees associated with drafting and negotiating this Agreement, recording costs, and -2674- other administrative costs incurred by City under this Agreement. If the Escrow balance nears $1,500, City shall notify Developer that additional cash must be placed in the Escrow account so that the balance will not be reduced below $1,500 until completion of the Developer Items. Upon completion of all items covered in this Agreement, City shall return the unused Escrow balance to Developer without interest. 3.08. Construction Hours; Noise; Dust. Developer will comply with all requirements of City pertaining to the hours and days during which construction activities may take place. Developer shall provide dust control to the satisfaction of the City Engineer. 3.09. Clean-up and Restoration. A. Developer shall clean streets (whether within or without Indian Knoll Manor) of dirt and debris that has resulted from erosion, siltation or construction work by Developer, its agents, subcontractors, or assigns. City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. If Developer fails to complete any clean-up within 24 hours of oral notice from City, the City Public Works Director, or designee, will complete or contract to complete the clean-up at Developer's expense to be paid in accordance with paragraph 3.05. B. Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas (whether within or without Indian Knoll Manor) of erosion/siltation and restore to the original condition within fifteen days following the end of home construction. All silt fence and other erosion control should be removed following the establishment of turf. Completion of these items is secured through the Financial Guaranty described in paragraph 2.02. 3.10. Additional Work or Materials. All work that Developer is required to perform pursuant to this Agreement shall be done at no expense to City, including, without limitation, any reimbursement by City for work paid for by Developer. Developer agrees that it will make no claim for compensation for work or materials so done or furnished. 3.11. Miscellaneous Obligations. Within ten days of execution of this Agreement, Developer shall provide to City documentation, acceptable to the City Manager, evidencing compliance with any conditions imposed in the Final Plat Approval, which are to be satisfied prior to recording of the Plat. ARTICLE FOUR DEFAULT AND REMEDIES 4.01. Default by Developer. In the event of default by Developer as to any of the work to be performed hereunder by Developer, its successors or assigns, City may, at its option, perform the work and Developer shall promptly reimburse City for any expense incurred by City, provided Developer is first given notice of the work in default and the right to cure, not less than 72 hours in 7 -2675- advance. City is granted the right to declare any sums provided by this Agreement due and payable in full, and City may immediately bring legal action against Developer to collect the sums covered by this Agreement and/or draw upon the financial guaranty posted in conformance with paragraphs 2.02 or 2.03 of this Agreement. In the event City draws from the financial guaranty sums that exceed the costs or damage to City, City will return such excess amounts. In addition to its other remedies provided herein, City may levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. Notwithstanding anything to the contrary contained in this Agreement, City hereby agrees that any cure of any default made or tendered by Developer's limited partner shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer. City agrees to send courtesy copies of all notices which are sent to Developer under the terns of the Agreement to Developer's limited partner. 4.02. Complete Improvements -Right of Entry. In addition to City's other remedies under this Agreement, if Developer's breach involves failure to complete the Developer Items, City is hereby authorized, at its option, to enter on to all portions of the Subject Property it deems necessary to complete the installation of any or all of the Developer Items to which the default relates. 4.03. Denial of Permits. Breach of any term of this Agreement by Developer or failure to comply with City, ordinances shall be grounds for denial of building or occupancy permits for buildings within the subdivision until such breach is corrected by Developer. 4.04. Rights Cumulative. No remedy conferred in this Agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. 4.05. Attorney Fees. Developer will pay City's costs and expenses, including attorneys' fees, in the event a suit or action is brought to enforce the terms of this Agreement. ARTICLE FIVE MISCELLANEOUS PROVISIONS 5.01. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. 5.02. Assignment. Developer may not transfer or assign any of its obligations under this Agreement without the prior written consent of City, which shall not be unreasonably withheld. 5.03. Agreement to Run with Land. The City shall record this Agreement with Hennepin County, Minnesota. The provisions of this Agreement shall run with the land and be binding upon Developer and its successors in interest. Notwithstanding the foregoing, no conveyance of the 4 -2676- Subject Property or any part thereof shall relieve Developer of its personal liability for full performance of this Agreement unless City expressly so releases Developer in writing. 5.04. Release. Upon completion and approval of all work required herein, including completion of the Developer Items and final acceptance of the Developer Items, satisfaction of all of Developer's obligations under this Agreement, the running of the two-year warranty period, and the final completion of all warranty work City agrees to execute an instrument releasing all lots from the terms of this Agreement. 5.05. Severability. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. 5.06. Notices. All notices, certificates or other communications required to be given to City, Developer or Developer hereunder shall be sufficiently given and shall be deemed given when delivered or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: To City: Eric Hoversten, City Manager -Public Works Director City of Mound 2415 Wilshire Boulevard Mound, MN 55364 With a Copy to: Troy Gilchrist, City Attorney Kennedy & Graven 200 South ba' Street, Ste 470 Minneapolis, MN 55402 To Developer: IKM Limited Partnership c/o Aeon 901 North Third Street, Suite 150 Minneapolis, MN 55401 With a Copy to: Angela M. Christy Faegre Baker Daniels LLP 90 South Seventh Street, Suite 2200 Minneapolis, Minnesota 55402 To Investor: Wells Fargo Affordable Housing Community Development Corporation MAC D 1053-170 301 South College Street, 17" Floor Charlotte, NC 28202-6000 Attention: Director of Asset Management a -2677- With a Copy to: Joel Hjelmaas, Counsel Wells Fargo Bank, N.A. MAC X2401 -06T 1 Home Campus, 6th Floor Des Moines, IA 50328-0001 Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 Attention: John D. Nolde, Esq. City and Developer, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications should be sent. 5.07. No Third Party Beneficiary. This Agreement and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 5.08. Consent. Developer represents and warrants that there are no other persons or entities with interests in the Property except such lenders who may hold mortgages on the Property. 5.09. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Developer agrees to comply with all laws, ordinances, and regulations of Minnesota and City that are applicable to the Subject Property. 5.10. CounteMarts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 5.11. Non -waiver. Each right, power or remedy conferred upon City or Developer by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to City or Developer at law or in equity, or under any other agreement. Each and every right, power and remedy set forth in this Agreement or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by City or Developer and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 5.12. Supersedes and Replaces. The parties understand and agreed that this Agreement supersedes and replaces all oral agreements, previous development agreements, and negotiations between the parties in relation thereto. in -2678- IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MOUND: C Mark Wegscheid Its: Mayor Eric Hoversten Its: City Manager -Public Works Director ACKNOWLEDGEMENT FOR CITY STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of , 20_, by Mark Wegscheid and Eric Hoversten, the Mayor and City Manager -Public Works Director, respectively, of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public -2679- IKM LIMITED PARTNERSHIP Federal I.D. #81-0962531 By: Aeon Its: Managing General Partner IM Its: ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20, by the of Aeon, the Managing General Partner of IKM LIMITED PARTNERSHIP, a Minnesota limited partnership, on behalf of the limited partnership. THIS DOCUMENT DRAFTED BY: City of Mound 2415 Wilshire Boulevard Mound, MN 55364 In -2680- Notary Public EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Legal Description: Lot 1, Block 1, INDLAN KNOLL MANOR, according to the recorded plat thereof, Hennepin County, Minnesota. A 1 -2681- EXHIBIT B DEVELOPER ITEMS AND CLEAN-UP Item description Estimated Amount [Developer to provide cost estimates for list of items and any others that need to be added] Site Grading and Staking Parking Lot Construction Curb and Gutter Parking Lot Striping Sodding/Landscaping/Planting Sidewalks Lighting Play Equipment Sedimentation and Erosion Control D_1 -2682- CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION TERMINATING VARIANCE APPROVED BY RESOLUTION NO. 89- 141 AND CONDITIONAL USE PERMIT AND VARIANCE APPROVED BY RESOLUTION NO. 05-119 FOR PROPERTY AT 2020 COMMERCE BOULEVARD WHEREAS, Aeon ('Developer"), on behalf of IKN Partnership, has received land use and subdivision approvals from the City of Mound to redevelop the properties at 2020 Commerce Boulevard and 5524 Spruce Road to include an apartment remodel / addition project at Indian Knoll Manor and construction of 10 new townhomes ("Project'); and WHEREAS, the Housing and Redevelopment Authority of and for the City of Mound, Minnesota ("HRA") is the current owner of the property at 2020 Commerce Boulevard ('Property") which is to be sold to IKN Limited Partnership; and WHEREAS, the HRA previously provided consent to the Developer to submit applications and obtain the required approvals and permits necessary to undertake the Project; and WHEREAS, the Property is subject to a fence height variance approved by Resolution No. 89-141 dated November 14, 1989 and filed on March 22, 1990 at Hennepin County as Document No. 5638865; and WHEREAS, the Property is subject to a conditional use permit and variance approved by Resolution No. 05-119, dated August 23, 2005 and filed on November 10, 2005 at Hennepin County as Document No. 8694342; and WHEREAS, the Developer requests that the City Council consider actions to terminate these previous actions as they will become null and void with the Project to be undertaken with such termination to become effective the day construction commences. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota as follows: 1. The variance adopted by City of Mound Resolution No. 89-141 will terminate and become effective on the day construction on the Property commences. 2. The conditional use permit and variance adopted by City of Mound Resolution No. 05-119 will terminate and become effective the day construction on the Property commences. 3. This resolution pertains for the following legally described property included as Exhibit A. -2683- 1 Adopted by the City Council this 25th day of October, 2016. Attest: Catherine Pausche, City Clerk Mayor Mark Wegscheid Exhibit A Lots 23, 24, 25 and 26, Block 1; Lots 22 and 23, Block 2; and that part of Lots 24, 25 and 26, Block 2, lying North of the street as opened; and Lots 4, 5, 6, 7, 8 and the North 10 feet of Lot 9, Block 4, all in LAKE SIDE PARK: A.L. CROCKER'S 1 ST DIVISION, MOUND, MINNETONKA. TOGETHER WITH that part of vacated Shady Lane, originally dedicated in said plat of LAKE SIDE PARK: A.L. CROCKER'S 1 ST DIVISION, MOUND, MINNETONKA, which lies northerly of the easterly extension of the south line of said north 10.00 feet of Lot 9, and which lies southerly of a line described as beginning at the northeast corner of said Lot 4; thence easterly along the easterly extension of the north line of said Lot 4 to the centerline of said vacated Shady Lane; thence southerly along said centerline to its intersection with a line drawn perpendicular to said centerline, westerly from the most northerly northwest corner of said Lot 24, Block 1, perpendicular to said centerline; thence easterly, along said perpendicular line, to said most northerly northwest corner, and said line there terminating. ALSO TOGETHER WITH that part of the northwest half of said vacated Crocker Avenue which lies southwesterly of the southeasterly extension of the northeasterly line of said Lot 26, Block 1. ALSO TOGETHER WITH that part of the southeast half of said vacated Crocker Avenue which lies southwesterly of the northwesterly extension of the northeasterly line of said Lot 22, Block 2. EXCEPTING THEREFROM All that part of the following described tract Lots 4, 5, 6, 7, 8 and the North 10 feet of Lot 9, in Block 4, LAKE SIDE PARK: A.L. CROCKER'S 1 ST DIVISION, MOUND, MINNETONKA, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, which lies Westerly of the following described line: Beginning at a point on the North line of said Lot 4, distant 7.0 feet Easterly of the West line of said Block 4; thence run Southerly parallel with said West line for a distance of 128 feet; thence run Southeasterly to a point on a line drawn parallel with and distant 13 feet Easterly of said West line, said point being distant 57 feet Northerly of the South line of the North 10 feet of said Lot 9; thence run Southerly along said parallel line to the South line of said North 10 feet and there terminating. Together with that part of the first above tract not acquired herein, which lies Southwesterly of the following described line: Beginning at a point on the South line of said first above described tract distant 6 feet East of the above described line; thence Northwesterly to a point on said described line distant 4 feet North of the South line of said first above described tract and there terminating. -2685- 3 MOUND CITY COUNCIL MINUTES October 11, 2016 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 11, 2016, at 7:00 p.m. in the council chambers of the Centennial Building. Members present: Mayor Mark Wegscheid, Council Members Kelli Gillispie, Ray Salazar, and Heidi Gesch Members absent: Jennifer Peterson Others present: City Manager and Public Works Director Eric Hoversten, Administrative Assistant Mary Mackres, Community Development Director Sarah Smith, Consultant Planner Rita Trapp, City Engineer Dan Faulkner, Assistant City Engineer Brian Simmons, City Attorney Troy Gilchrist, Director of Finance and Administrative Services Catherine Pausche, Bolton & Menk Project Inspector Mark Onkean, Ben Bunn, Mike Dudzinski, Nicole Brodzik, Molly Emery, Shaun Tancheff, Rick Bode, Lewis Anderson, Paul Wood, Stacey Kvilvang, and Tom McDougal Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Wegscheid called the meeting to order at 7:03 p.m. 2. Pledge of Allegiance 3. Approve agenda Hoversten added page 2504-1 relating to the resolution adopting the assessment of delinquent utility bills and that for agenda Item 9, Stacey Kvilvang will be presenting on behalf of our municipal advisors instead of Jason Aarsvold. MOTION by Salazar, seconded by Gillispie, to approve the agenda as amended. All voted in favor. Motion carried. 4. Consentagenda MOTION by Salazar, seconded by Gesch, to approve the consent agenda. Upon roll call vote, Wegscheid, Gillispie, Salazar, and Gesch voted in favor. Motion carried. A. Approve payment of claims in the amount of $395,593.84 B. Approve minutes from September 27, 2016 regular meeting C. RESOLUTION NO. 16-121: RESOLUTION AUTHORIZING 2016 CENTRAL BUSINESS DISTRICT (CBD) PARKING MAINTENANCE ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 5% INTEREST, LEVY #19369 Mound City Council Minutes—Oct. 11, 2016 D. RESOLUTION NO. 16-122: RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENT TO CONSIDER ISSUANCE OF FRANCHISE E. RESOLUTION NO. 16-123: RESOLUTION AUTHORIZING A CENTENNIAL BUILDING CARPET REPLACEMENT PROJECT RESOLUTION NO. 16-124: RESOLUTION APPROVING VARIANCE FOR 4804-4820 NORTHERN ROAD, PLANNING CASE NO. 16-31 G. RESOLUTION NO. 16-125: RESOLUTION APPROVING VARIANCE FOR 2936 WESTEDGE BOULEVARD, PLANNING CASE NO. 16-34 H. Approve Pay Request No. 3 from Ryan Contracting in the amount of $418,122.55 for the 2016 Street, Utility and Retaining Wall Improvement Project; City Project Nos. PW -16- 01, PW -16-02, PW -16-03, PW -16-04 RESOLUTION NO. 16-126: RESOLUTION AUTHORIZING AN ON-SITE MECHANIC SERVICES CONTRACT J. RESOLUTION NO. 16-127: RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES AS RECOMMENDED FOR THE GENERAL ELECTION ON NOVEMBER 8, 2016 5. Comments and suggestions from citizens present on any item not on the agenda. None offered 6. Public Hearings A. Action on Resolution Adopting Assessment for 2015 Street, Utility, and Retaining Wall Improvement Project - Tuxedo Boulevard, City Project No. 15-02 - Levy #19366 Dan Faulkner, City Engineer from Bolton & Menk, said the Council is required to conduct the required public hearing for the 2015 Tuxedo Boulevard project assessment. Faulkner reviewed the steps required in the special assessment process, including authorization of the preparation of the feasibility report (August 2014), which was received by the Council in October of 2014 with the public improvement hearing set for November 2014 at which time comments were received from the public and the resolution was passed to direct Bolton & Menk to proceed with preparing the plans and specifications. Faulkner added that in April 2015, Geislinger and Sons were the low bidder and were awarded the project for Tuxedo and Grandview. Faulkner said the Tuxedo project started in the summer of 2015 and by the end of the season substantial completion was not met as required, so the Council approved a change order to extend the completion date to the summer of 2016 with financial stipulations included to ensure the completion date was met. Faulkner added the project restarted in March of 2016 with substantial completion by June 2016 and final wear course is scheduled for June of 2017. Faulkner noted the final estimated cost is very close to what was in the contract. -2687- Mound City Council Minutes—Oct. 11, 2016 Faulkner stated this was a joint project with Metropolitan Council which completed replacement of intercept sewer systems and structures from Sulgrove to Brighton Commons. Faulkner said the roadway was totally reconstructed and a 9 -ton design section was included; watermains were replaced and upsized from 8" to 10", various storm sewer improvements were done and the storm water treatment pond was cleaned out. Faulkner added that a punch list of work still needs to be done and noted that Geislinger is not doing a satisfactory job with restoration work so another contractor has been hired to lay dormant seeding. Faulkner displayed the assessment map and stated that residential properties are assessed on a per unit basis and a buildable lot equal to one equivalent residential unit regardless of linear feet, noting if a property borders two streets a'/ assessment will be incurred for each project. Faulkner said this project had 15 half units, two units at 1/3, and 36 full assessment residential lots, and noted commercial lots are assessed using a combination method. Faulkner said the assessable cost does not include the extra street section cost for the 9 -ton design as a typical street is 28' wide with 8" of rock instead of 10" for the 9 -ton. Faulkner added that retaining walls and utility costs are also not included in the assessable cost and benefitting property owners pay 2/3 of the street cost with the proposed term of 15 years at 5% interest. Faulkner presented the assessment notice letter that was sent to affected property owners which stated that property owners have until November 15 of this year to pay the assessment to avoid any interest. He added that homeowners can also make partial payments in minimum increments of $100 with any unpaid balance going on tax rolls for 2017. Faulkner stated that if homeowners feel that the assessments are more than the value of increase to their property, they can submit a written objection to the City Clerk. Mayor Wegscheid informed the public that if there are issues at their properties that are not quite finished, Bolton & Menk has a representative in the adjacent conference room to answer questions. Mayor Wegscheid opened the public hearing at 7:18 p.m. Shaun Tancheff, 5174 Tuxedo, said he intends to submit written objection to the City Clerk stating that the special assessment does not improve his property to the amount being charged. Tancheff stated that he would rather have his property treated as commercial as that would be a whole lot cheaper. The linear foot method used to charge Al & Alma's would have saved him $2,651. Mayor Wegscheid stated that the assessment policy and process has been in place since 2003 and that the Council must hold true to what was decided back then because if changes are made now, it would not be fair to all the others in the past. Tancheff said that Tuxedo roadbed was good for another 20 years and that he saw no serious deterioration in the roadbed. Faulkner stated that the engineers definitely recommended reconstruction Mayor Wegscheid closes the public hearing at 7:22 p.m. Mound City Council Minutes — Oct. 11, 2016 MOTION by Salazar, seconded by Gesch, approving the resolution. All voted in favor Motion carried. RESOLUTION NO. 16-128: RESOLUTION ADOPTING ASSESSMENT FOR 2015 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT - TUXEDO BOULEVARD; CITY PROJECT NO. PW -15-02 LEVY #19366 B. Action on Resolution Adopting Assessment for Delinquent Municipal Utility Bills and Certifying to the County Auditor at 5% Interest - Levy #19367 Hoversten stated that it is common practice for delinquent utility bills to be held against the property and added that this policy allows the City a way to receive unpaid monies. Catherine Pausche stated that MN statutes allows cities to assess delinquent utility bills back to the property which allows cities to have an efficient collection process. Pausche added some people see the list of delinquent bills in the paper and believe they are paying for those that aren't paying their bills. but she added this is not the case. Pausche stated that outstanding bills incur a 10% late payment fee and notices are sent each year to property owners and renters, if applicable, for outstanding balances as of August 15`". Pausche added it is the property owner who is ultimately responsible for utility payments and they must pursue collection from any renters. Mayor Wegscheid asked Pausche how the assessment is reflected on the property taxes? Pausche stated that it shows as a special assessment on a separate line and noted that this is an annual process and nothing new. Hoversten said he has taken calls regarding special assessments when properties are being sold and often settlement is negotiated at the time of sale. Pausche said the City does many special assessment searches for closing. Mayor Wegscheid opened the public hearing at 7:30 p.m. Lewis Anderson, lives at 5000 North Arm Drive and is the fee holder at 2631 Commerce. Anderson wanted to make the Council aware that the buyer is not taking good care of that property and said he has hired an attorney to work on getting it cleaned up. Paul Wood, 5060 Windsor, received a delinquent utility bill notice and says he has lived there for three years and does not know what the notice is for. Pausche asked Mr. Wood to call City Hall tomorrow to discuss his situation. Molly Emery, 2005 Sycamore, said her renters were heroin addicts and noted that it is a big problem in Mound. Emery says she knows now that she just has to pay the bill and that all of her questions have been answered in the presentation. Mayor Wegscheid closes the public hearing at 7:32 p.m. MOTION by Salazar, seconded by Gesch, approving the resolution. All voted in favor. Motion carried. Mound City Council Minutes — Oct. 11, 2016 RESOLUTION NO. 16-129: RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT MUNICIPAL UTILITY BILLS AND CERTIFYING TO THE COUNTY AUDITOR AT 5% INTEREST - LEVY #19367 C. Action on Resolution Adopting Assessment for Miscellaneous Expenses and Certifying to the County Auditor at 5% Interest - Levy #19368 Hoversten stated that this assessment is similar to unpaid utility bills but is for property abatement services initiated by Field Officer Stewart Simon, typically forced mowing and tree removal. Mayor opened the public hearing at 7:35 pm and closed the public hearing after receiving no comments. Gesch asked if the tree removal amount listed is that same that was listed in the claims. Pausche confirmed they are different claims. MOTION by Salazar, seconded by Gesch, approving the resolution. All voted in favor. Motion carried. RESOLUTION NO. 16-130: RESOLUTION ADOPTING ASSESSMENT FOR MISCELLANEOUS EXPENSES AND CERTIFYING TO THE COUNTY AUDITOR AT 5% INTEREST - LEVY #19368 Brian Simmons, Engineer from Bolton & Menk, requesting action on a resolution receiving feasibility report for the 2017 Street, Utility and Retaining Wall Improvement Projects, City Project Nos. PW -17-01; Lynwood Boulevard from Belmont Lane to Fairview Lane and Fairview Lane from Lynwood Boulevard to Shoreline Boulevard; PW -17-02; Wilshire Boulevard from Shoreline Boulevard to Bartlett Boulevard, Maywood Road from Wilshire Boulevard to Fairview Lane and Hiddenvale Lane from Maywood Road to Shoreline Boulevard; PW -17-03; Tuxedo Boulevard from Brighton Boulevard to Clyde Road and Setting the Public Improvement Hearings. Brian Simmons, pursuant to MSS Chapter 429, presented feasibility study for 2017 improvement projects which includes three different project areas. Simmons showed a map of existing street conditions including existing curb and gutter and varying street widths, noting that watermain will be replaced on Maywood and Lynwood in 2017, but that it has already been done on Tuxedo and Wilshire. Simmons noted sanitary sewer work is almost negligible and since the heavy rain events of 2014, meters have been added around the system. Simmons noted that the 2017 project includes a regional collector interface, where the City discharges into a Met Council interceptor and said Bolton & Menk is proposing to add a meter to monitor this flow. Simmons also noted that a small piece of forcemain will be replaced along Lynwood. Mayor Wegscheid explained that the meters are very important because historically, the City was getting billed by Met Council for overages, which may not have resulted from Mound and that with the meters, the City can now monitor the system better and keep track of flow. .•1 Mound City Council Minutes —Oct. 11, 2016 Simmons stated that there will be storm sewer improvements with the 2017 projects, including replacing all catch basins and improving capacity as needed, but noted the bulk of the storm sewer pipe is in good condition. Simmons said there are retaining walls scattered throughout the project area that will be repaired or replaced and noted that pedestrian improvements include sidewalk and trail reconstruction with spot repair being the bulk of the repairs as well as pedestrian ramps being brought up to current standards. Simmons said the assessment portion will be brought to the Council at a later meeting. Reviewing the project cost section of the presentation, Simmons explained that the project will be broken out into three sections and noted that any additional costs associated with the extra depth and width for 9 -ton sections will not be part of residents' assessment responsibility. in addition, trench costs will go to utility street costs. Simmons talked about the Met Council street costs, explaining that this is the second of two projects where Met Council participated which allows for the street to only be rebuilt once. Parking lot improvements at the Public Works Shop on Lynwood will also be reconstructed at the same time, also saving costs. Simmons reviewed the project costs, stating for Project Area 1, the total assessable cost will be $295,000, with a total project cost of $1.6 million. For Project Area 2, total assessable cost will be $534,000, with a total project cost of $1.77 million. Simmons stated that they also plan to repair some cracked concrete in front of the Fire Station, which is not an assessable cost but attributed directly to the City. For Project Area 3, total assessable cost will be $581,000, with a total project cost of $1.074 million. Gesch inquired if these three projects' costs put together are similar to other past projects. Simmons confirmed they are comparable to past years' project costs. Simmons also showed a proposed schedule for the project. MOTION by Wegscheid, seconded by Salazar, to receive the feasibility report, and set the public hearing date for November 9, 2016. All voted in favor. Motion carried. 8. Discussion/action on Ordinance amending City code Chapter 113 at it relates to Floodplain Management. Requested Actions A. Action on Ordinance amending City Code Chapter 113 (Floodplain Management) Rita Trapp, Planning Consultant, informed the Council that in May of this year, the City was notified of new FEMA flood insurance maps for Hennepin County, which are maps produced in 2005 and are now in effect. Trapp said cities in Hennepin County were required to amend or update their current floodplain ordinances to ensure they were in accordance with the national regulations in order to continue to participate in the national flood insurance program. Trapp said Staff is recommending that the Council rescind existing chapter of the ordinance pertaining to floodplain and replace with the new chapter reflecting FEMAs changes. -2691- Mound City Council Minutes — Oct. 11, 2016 Trapp noted floodplain regulations are in the City code, instead of in the zoning ordinance. Trapp brought a sample of maps for the Council to review and said that Staff reviewed the model ordinance and requested conditional approval from the DNR, which was granted, and noted some adjustments were made to the model in order to make it more reflective of Mound. In addition, Staff compared maps to the City's current floodplain maps and did not note any new structures in the floodplain with the new maps, but noted some properties that were already in the floodplain are now a little bit more into the floodplain due to boundary changes. According to Trapp, there are not a lot of significant changes in the floodplain map. Trapp stated that the focus is on the adoption of the new floodplain ordinance, so that Mound can continue to participate in the national flood insurance program and noted that there is no change to the base elevations any significant changes on the implementation side. MOTION by Gesch, seconded by Salazar, approving the ordinance. All voted in favor. Motion carried. ORDINANCE NO. 13-2016: AN ORDINANCE AMENDING CHAPTER 113 OF THE MOUND CITY CODE AS IT RELATES TO FLOODPLAIN MANAGEMEN B. Approve Resolution to allow for publication of Ordinance by title and summary (requires 4/5s vote of City Council to approve) MOTION by Salazar, seconded by Gesch, approving the resolution. All voted in favor. Motion carried. RESOLUTION NO. 16-131: RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 13-2016 BY TITLE AND SUMMARY 9. Jason Aarsvold, Ehlers' Municipal Advisor, requesting action on a resolution providing for the sale of $6,075,000 General Obligation Bonds Series 2016A and $2,295,000 General Obligation Refunding Bonds, Series 2016B Stacey Kvilvang from Ehlers presented to Council in Jason Aarsvold's stead, and said Bond Issue 2016A will fund the 2016 utility improvements, street and retaining wall improvements over 15-20 years, with benefitting property owners being assessed $735,000 over 15 years at 5%. Kvilvang noted the City assumed about 20% in prepaid assessments and the bond size was reduced accordingly. Improvement bonds are for 16 years and utility bonds are for a 21 - years and are paid from utility fund revenues. Lastly, Kvilvang said 10 year bonds will be issued to pay for the new aerial ladder fire truck which will be repaid by tax levy. Kvilvang said bond issue 2016B will refund the 2006-2007-2008B bond issues for a total of $305,610 in interest savings over the remaining life of the bonds and noted that the sale of both bond issues is expected to occur on November 8. -2692- Mound City Council Minutes — Oct. 11, 2016 MOTION by Salazar, seconded by Gesch, approving the resolution. All voted in favor. Motion carried. RESOLUTION NO. 16-132: RESOLUTION PROVIDING FOR THE SALE OF $6,075,000 GENERAL OBLIGATION BONDS, SERIES 2016A AND $2,925,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 20168 Salazar recognized a friendly amendment, accepted by Gesch, changing the date of Nov. 8 to Nov. 9 due to the General Election and change in meeting date. 10. Information/Miscellaneous A. Comments/reports from Council Members Hoversten noted the following meetings/special events: ® Oct 13, Mound Fire Dept. open house. New fire truck, North Memorial air ambulance on site . Regular City Hall hours resume on October 31, 2016 (M -F 8:00 - 4:30) ® Special meeting workshop set for November 1, 2016 . Early voting has started and you can vote at City Hall . November Council Meeting is rescheduled to November 9, due to the General Election ® Planning commission meeting for November will be moved to November 18 B. Reports: Liquor Store - September 2016 Bolton & Menk - September 30, 2016 YTD Mound Fire Dept - September 2016 C. Minutes: D. Correspondence: LMCD - September 29, 2016 11. Adjourn MOTION by Gesch, seconded by Gillispie, to adjourn at 8:06 p.m. All voted in favor. Motion carried. 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This election will include city offices for Mayor and Council Members. The polling places in the City of Mound are as follows and the polls will be open from 7:00 a.m. to 8:00 p.m. for voting: Precinct #1 Mt. Olive Lutheran Church 5218 Bartlett Blvd. Mound, MN Precinct #2 Bethel United Methodist Church 2116 Commerce Blvd. Mound, MN Catherine Pausche, City Clerk Precinct #3 St. John's Lutheran Church 2451 Fairview Lane Mound, MN Precinct #4 The Gillespie Center 2590 Commerce Blvd. Mound, MN SAMPLE BALLOT Published in The Laker the 22nd and 29th of October, 2016. Posted 10/12/16 CITY OFFICES MAYOR CITY OF MOUND VOTE FOR ONE MARK WEGSCHEID Write-ln, if an COUNCIL MEMBER CITY OF MOUND AT LARGE VOTE FOR UP TO TWO L� RAY SALAZAR MIKE DUDZINSKI V JEFF BERGQUIST Write-in, if an U Write-in, if an SAMPLE BALLOT Published in The Laker the 22nd and 29th of October, 2016. Posted 10/12/16 DATE: LAKE MINNETONKA CONSERVATIONDISTRICT V, 'A', d, :2f'P U Ir .[PHO � .�;74.r077 rP.Y 95� a� s3E5 October 14, 2016 TO: LMCD Member Cities Mayors Managers/Clerks) FROM: Vickie Schleunmg, Executive Director SUBJECT: Appointment of 2017 LMCD Board Members The terms for some members of the Lake Minnetonka Conservation District (LMCD) Board of Directors will expire January 31, 2017. Terms on the LMCD Board run from February 1st through January 31ST of the following year. The state enabling LMCD legislation calls for Board members to be appointed by their respective member cities for a three-year term, with no term limits. if necessary, a city does have the ability to recall its member anytime and appoint another member for the remainder of the three-year term. Some cities have made one-year appointments. Because of the uniqueness of Lake Minnetonka and the important application of the ordinances, it would be beneficial to have the Directors serve multiple years. As such, we hope that your current Director will consider serving another term. We appreciate the Director's time and dedication to preserve and enhance the Lake Minnetonka experience. At this time, the cities with the 2017 expiration terms are requested to reappoint or appoint new members to the Board of Directors. A list of the current City appointment terms is provided in the table below. Please note that officer positions will be considered by the Board in February through a Nominating Committee process. 2013-AppafntrnetYts Repuested; 2018,� yrs Y+L�ail. ;i2Q9�'��arPL L�aabYuy��,_° 1. Ll;�i.;�15 'fx{lssNi�� L11vi��4 G�..i Deborah Zorn, Vice Chair- City of Shorewood Jay Green, Chair City of Mound Dennis Klohs, City of Minnetonka Beach Gregg Thomas, Secretary- City of Tonka Bay Dan Baasen, City of Wayzata Sue Shuff, City of Minnetonka Chris Jewett, Treasurer- City of Deephaven Gary Hughes, City of spring Park Ann Hoelscher, City of Victoria Gregg Prest, City of Excelsior Gabriel Jabbour, City of Orono Fred Meyer, City of Woodland Brett Niccum, City of Minnetrista Rob Roy, City of Greenwood -2699- To preserve and enhance the "Lake Minnetonka experience" Appointment of 2017 LMCD Board Members October 14, 2016 Page 2 This past year, the overall attendance of the Board Members was good. The individual Board Member attendance records for the LMCD Regular meetings are provided below. Members may also have attended Special Meetings, Workgroups, Committees, or events. The attendance records for Special Meetings are not included; fewer meetings were held due to the operational and format change for the second Board meeting. LMCD Member, Attendance Regular Board Meetings. October 14, 2015`to Septemba, ,, 2016 Member City Board Member' Number of Meetings Attended Total Meetings Rate of Attendance (Pete®stage) Deephaven Chris Jewett 12 20 60 Excelsior Gregg Prest Jennifer Caron Jeff Morris 6 1 31 1 8 8 1 75 38' 100 Greenwood Rob Roy 151 20 75 Minnetonka ISue Shuff 20 20 100 Minnetonka Beach Dennis Klohs 161 20 80 Minnetrista I Bret Niccum 151 20 75 Mound Ijay Green 201 20 100 Orono IGabriel Jabbour 1 201 20 100 Shorewood Deborah Zorn 171 20 85 Spring Park Gary Hughes 19 20 95 Tonka Bay Gregg Thomas 15 20 75 Victoria Ann Hoelscher 17 20 85 Wayzata Dan Baasen 16 201 80 Woodland Fred Meyer James Doak 11 6 12 71 92 86 Please let me know your city's appointments for 2017 by Friday, December 30, 2016. Their appointment will start February 1, 2017. 1 look forward to working with your city in the coming year. If you have questions, please contact me at (952) 745-0789 or vschleuning@lmcd.org. -2700-