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2006-02-14
11 PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. PX lkx L 1IN L rX *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Paize 1. Call meeting to order 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. *Consent Agenda *A. Approve minutes of: January 24, 2006 regular meeting February 9, 2006 special meeting *B. Approve payment of claims *C. Adopt Resolution to Approve Release of Tax Forfeited Properties *D. Approve Summer Hours, beginning with Daylight Savings Time in Spring, through Labor Day (Mon -Thurs 7:30 am — 5:00 pm, Fri. 7:30 —11:30 am) *E. Set Special Meeting for City Council Facilitation on March 9, 2006, from 6:30 p.m. — 10:00 p.m. (at Gillespie Center) *F. Set Special Meeting /Workshop for April 4, 2006, at 6:30 p.m. for presentation of Annual Reports by Department Heads *G. Approve Agreement for Disposal between NRG Processing Solutions and the City of Mound *H. Approval of Consent and Waiver Agreement for Voluntary Abatement of Property located at 3198 Westedge Boulevard Pursuant to M.S.S. 463.15 (tabled at 1/24 Council meeting) *I. Adopt Resolution Approving Minor Subdivision of Property Located at 1774 Heron Lane to create three lots PC Recommendation: Unanimous approval subject to conditions 349 -353 354 355 -385 386 -387 388 -390 391 -398 399 -409 PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. .1 . Miscellaneous /Correspondence A. Questions and comments from Council members B. Reports: Mound Fire Department 513 -537 C. Minutes: January 9, 2006 PC minutes 538 -540 January 23, 2006 PC meeting minutes (draft) 541 -543 D. Correspondence: Letter of resignation from Corey Wiebusch 544 Letter of resignation from Michael Mueller 545 News Release from Government Finance Officers Assn 546 LMC 2007 -2008 Policy Committee Membership 547 -550 12. 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. cih ofinound. com. COUNCIL BRIEFING February 14, 2006 I Upcoming Events Schedule: Don't Forget!! Feb 14 – 7:25 - HRA regular meeting Feb 14 – 7:30 - CC regular meeting Feb 26 – 6:30 – Chamber of Commerce Ball Feb 28 – 6:30 -14RA regular meeting Feb 28 – 7:30 - CC regular meeting Mar 14 – 6:30 - HRA regular meeting Mar 14 – 7:30 - CC regular meeting Mar 28 – 6:30 - HRA regular meeting Mar 28 – 7:30 - CC regular meeting April 1 – Daylight Savings Time begins Upcoming Absences Kandis Hanson Feb 15 -Mar 4 Vacation City Hall and Public Safety Admin Offices Closed President's Day Feb 20 City Manager's Conference FYI: I cancelled my plans and received refunds for the City Manager's conference in Duluth which is this Thurs through Sat. This was mainly for budgetary reasons and work load, plus other reasons. Threshold There is live Peruvian music at Threshold Gallery this weekend, Sat, Feb 11, starting at 6:30 p.m. Planning Commission Vacancies We now have two vacancies on the Planning Commission. We are advertising for applications and are also including applications from previous rounds of those still interested in an appointment. Council members should try to attend the interviews at the Feb 27 Planning Commission meeting, starting at 7:00. The meeting will be properly noticed. Council Facilitation Members of the Council are encouraged to complete the questionnaires put out by BrimGroup and submit them by mail to him by March 1. The meeting will be on March 9 at the Gillespie Center, from 6:30 -10:00 p.m., with box lunches served starting at 6:15. This is your opportunity to get things off your chest and off your mind as we roll up our sleeves and work out the issues. Everyone bears some responsibility in where we are today. Everyone needs to recognize they also have a role in achieving harmony within the group. I might add, harmony does not equate to unity. You don't have to agree that this is a good thing to do and you don't have agree on all the issues, but you must agree, we will accomplish much more in a positive work environment. Please do your part. Thank you. Parks and Docks Commission The first meeting of the newly merged Parks, Open Space and Docks Commission was held this Thurs, Feb 9. ,/—,Per Jim Fackler, the meeting went well. He reported that Mike Mason was appointed Chair and Jim Funk was appointed Vice - Chair. The next meeting will be held on March 16. Public Works Position 28 applications were received for the Water Division position with Public Works. The process will be put on hold until Greg Skinner and I return from vacation. Interviews should take place in about four weeks. MOUND CITY COUNCIL MINUTES JANUARY 24, 2006 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 24, 2006, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, John Beise and David Osmek. Members Absent: Mike Specht Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Parks Superintendent Jim Fackler, City Planner Bruce Chamberlain, Robert and Carol Lien, June McCarthy, Mark Hanus. Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeting Mayor Meisel called the meeting to order at 7:32 p.m. 2. Pledge of Allegiance 3. Approve Agenda Meisel requested the addition of Item 4L, 2006 Pay Equity Implementation Report. Osmek requested the addition of Item 11A, Discussion on Advisory Committee for Public Works building, to be discussed before Item 11. Sarah Smith requested the removal of item 4G from the agenda, to be considered at a later meeting. MOTION by Brown, seconded by Beise to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Brown, seconded by Osmek to approve the Consent Agenda, with the exception of 4G, and adding 4L. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of January 10, 2006 meeting. B. Approve payment of claims in the amount of $487,229.03. XrtRa Mound City Council Minutes — January 24, 2006 C. Accept recommendation of MFRA on Ridgewood Road, to continue to fill potholes and do major patching for the next few years until the street can be reconstructed with state aid funds. D. Approve Payment Request #1 from Widmer Construction in the amount of $32,107.50 for 2005 Storm Sewer Improvements E. Approve Payment #5 to Veit & Company in the amount of $18,247.12 for the Lost Lake Dump and Maxwell Properties response actions F. Approve Change Order #2 in the amount of $2,047.50 for Response Actions at Lost lake Dump and Maxwell Properties G. (removed) H. RESOLUTION NO. 06 -16: RESOLUTION APPROVING FRONT SETBACK VARIANCE FOR UPPER ADDITION FOR PROPERTY LOCATED AT 1609 PARADISE LANE. P&Z CASE #05 -79. PID #13 -117- 24 -11 -0077. I. Approve DCAC 2006 Dock Location Map as presented J. RESOLUTION NO. 06 -17: RESOLUTION RECOMMENDING FUNDING OF SENIOR PROGRAMS THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT K. RESOLUTION NO. 06 -18: RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO COOPERATION AGREEMENT L. Approve 2006 Pay Equity Implementation Report 5. Comments and suggestions from citizens present on any item not on the agenda. — none were offered. 6. Public Hearings A. Case #05 -84 — Rezoning proposal from Gillespie Senior Center Sarah Smith informed the Council that this public hearing is continued from January 10th meeting. The applicant has withdrawn the rezoning application. Mayor Meisel closed the public hearing and the Council recognized withdrawal of the application. B. Case #06 -01 — Proposed Zoning Amendment — Application: City of Mound Sarah Smith explained that this is a housekeeping item so that our code complies with state statutes as it relates to non - conforming uses. MOTION by Beise, seconded by Brown to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 02 -2006: AN ORDINANCE AMENDING SECTION 350 OF THE CITY CODE AS IT RELATES TO THE ZONING ORDINANCE 2 -350- Mound City Council Minutes — January 24, 2006 7. Approval of Park Dedication Funds for Skate Park and Park Planning- Jim Fackler reviewed the request to use $10,000 of park dedication funds for general upgrade and completion of the skate park, as recommended by the Parks and Open Space Commission. Discussion followed regarding the use of these funds for this purpose versus improvements in other parks that benefit more of the city's citizens. MOTION by Osmek, seconded by Brown to approve $10,000 to come from parks dedication funds, to go towards work needed on the Zero Gravity Skate Park. All voted in favor. Motion carried. Facker continued by stating that Hoisington Koegler Group has presented a proposal in the amount of $21,030 to prepare a master plan for Mound Bay Park. Discussion followed centering around the question if this was good use of funds when so many other areas in the city park system could use improvement. It was also expressed that the Parks, Open Space, and Docks Commission should be given direction to work on a master plan. MOTION by Osmek, seconded by Brown to deny the expenditure for a master plan for Mound Bay Park and remand this back to the Parks, Open Space and Docks Commission with intent for them to meet with the City Council at a future date to work on a master plan for the parks system. All voted in favor. Motion carried. 8. Action on Cooperative Agreement for Shorewood Wetland Mitigation Plan MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06 -19: RESOLUTION APPROVING COOPERATIVE AGREEMENT FOR SHOREWOOD WETLAND MITIGATION PROJECT 9. Action on resolution for new Wetland at 7601 County Road 110, Minnetrista MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06 -20: RESOLUTION APPROVING THE DECLARATION OF COVENANTS FOR NEW WETLAND TO BE CONSTRUCTED ON PROPERTY LOCATED AT 7601 COUNTY ROAD NO. 110 IN MINNETRISTA, MINNESOTA -351- Mound City Council Minutes — January 24, 2006 10. Action on Resolution Accepting Bid for Dredging of Lost Lake MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06 -21: RESOLUTION ACCEPTING BID FOR DREDGING OF LOST LAKE 11A. Discussion on Advisory Committee for Proposed Public Works Facili Osmek requested the addition of this item after finding out after the fact that there was a meeting with council representatives present, to discuss the proposed Public Works facility. He was not aware that there was an advisory committee, or a meeting. Meisel explained that when the bid was accepted for an architect, it was also indicated that the next step would be space needs study, and that's what this group is doing. Beise was asked to join the group because of his proximity and availability during the day, and Brown because he served on the Public Safety facility space needs committee. No one was intentionally left out. Osmek indicated that he believes that the entire council needs to be aware of this type of meeting. Dean indicated that if formal action is taken to appoint members of the Council to a committee, the meetings of that committee may then subject to the open meeting law. MOTION by Osmek, seconded by Brown to formally recognize Beise and Brown to the Maintenance Facility Space Needs Study task force. All voted in favor. Motion carried. 11. Discussion on Monthly Calendar Following along with the discussion above, Osmek had requested a monthly calendar indicating all meetings, where they take place and who is involved. He would like to know, for instance, when staff is meeting with the DNR, or the LMCD, or Hennepin County. He suggested an update bi- monthly. Kandis Hanson asked if he wanted the calendar to include each meeting that department heads go to, because that gets to be a lot. John Dean suggested that the calendar include meetings where formulation of city policy or matters that will be presented to the City Council for action, be included. He stated that breathing room should be given because some meetings are sensitive in nature. Hanson will work on improving the present calendar. 12. Miscellaneous /Correspondence A. Questions and comments from Councilmembers 1. Mayor's SRA Report — Meisel reported on the latest SRA meeting and proposed increase in rates. Further information will follow. B. Correspondence: American Community Survey 4 -352- Mound City Council Minutes — January 24, 2006 13. Adiourn MOTION by Osmek, seconded by Brown to adjourn at 9:00 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk 5 -353- Mayor Pat Meisel MOUND CITY COUNCIL MINUTES FEBRUARY 9, 2006 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Thursday, February 9, 2006 at 8:00 a.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Public Works Director Carlton Moore, Tom Stokes, Amanda Schwarze 1. Open Meeting Mayor Meisel called the meeting to order at 8:00 a.m. 2. Consideration /Action on Lost Lake Dredge Project John Dean explained that the Lost Lake Dredge Project was awarded on January 24th to Michael Scott Construction and they had a requirement to submit documents, including a performance bond, within ten days. When they failed to submit the performance bond a letter was written giving them until 4:00 p.m. on February 8t to submit the documents and they failed to comply. MOTION by Osmek, seconded by Brown to declare Michael Scott Construction in default of its obligations for failure to provide the instruments required in the Notice of Award. All voted in favor. Motion carried. MOTION by Osmek, seconded by Specht to authorize execution of a mutual release between Michael Scott Construction and the City of Mound with regards to the Lost Lake Dredge Contract. MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06 -22: RESOLUTION ACCEPTING BID FOR DREDGING OF LOST LAKE 3. Adiourn MOTION by Osmek, seconded by Brown to adjourn at 8:08 a.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -354- FEBRUARY 14, 2006 CITY COUNCIL MEETING TOTAL $428,630.27 -355- 123105SUE4 $1117094.89 DEC 012506S U E $17996.90 JAN 020106SUE $37341.31 FEB 020806SUE $97859.04 FEB 021406SUE $302,338.13 FEB TOTAL $428,630.27 -355- Refer 123105 HENNEPIN COUNTY TREASUR (R -356- City of Mound 02/08/06 10:44 AM � Payments 9 CITY OF MOUND Current Period: December 2005 Batch Name 123105SUE4 User Dollar Amt $111,094.89 Payments Computer Dollar Amt $111,094.89 $0.00 in Balance Refer 123105 BARR ENGINEERING COMPANY AP Payment E 475 - 46386 -500 Capital Outlay FA 12 -02 -05 THRU 12 -30 -05 DUMP $3,738.41 REMEDIATION Invoice 123105 12/31/2005 Project PW0511 Transaction Date 12/31/2005 Due 12/31/2005 �APPRENT Accounts Payable 20200 Total $3,738.41 Refer 123105� BUREAU OF CRIMINAL AP Payment E 101 - 42110 -434 Conference & Training 10 -13 -05 INTOXILYZER,BECK $45.00 Invoice 10055343 12/31/2005 PO 19260 AP Payment E 101 - 42110 -434 Conference & Training 10 -13 -05 INTOXILYZER,SCHOENHERR $45.00 Invoice 10056582 12/31/2005 PO 19260 AP Payment E 101 = 42110 -434 Conference & Training 10 -13 -05 INTOXILYZER,PETZ $45.00 Invoice 10056586 12/31/2005 PO 19260 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $135.00 Refer 123105 COMPUTER CHEQUE AP Payment E 609 - 49750 -400 Repairs & Maint Contract 12 -05 CHECK VERIFICATION $54.50 Invoice 106851205 12/3112005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $54.50 Refer 123105 GARY'S DIESEL SERVICE AP Payment E 101 -43100 -404 Repairs /Maint Machinery #183 REPAIR REAR AXLE $2,952.50 Invoice 69584 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $2,952.50 Refer 123105 H & L MESABI AGGREGATE CONS AP Payment E 101 -43100 -221 Equipment Parts BLIZZARD BLADE $302.16 Invoice 67408 12/31/2005 AP Payment E 101 -43100 -221 Equipment Parts BLADES $1,165.11 Invoice 67452 12/3112005 AP Payment E 101 - 43100 -221 Equipment Parts CURB RUNNER CURB SIDE $899.20 Invoice 67309 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $2,366.47 Refer 123105 HECKSEL MACHINE SHOP� AP Payment E 601 -49400 -220 Repair /Maint Supply WATERKEYS $42.44 Invoice 62023 12/31/2005 AP Payment E 601 -49400 -220 Repair /Maint Supply FLAT STEEL,TUBING $98.89 Invoice 62022 12/31/2005 AP Payment E 101 - 43100 -221 Equipment Parts CABLE,CABLE CLAMPS $119.17 Invoice 62024 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $260.50 Refer 123105 HENNEPIN COUNTY /NFORMATIO AP Payment E 101 - 42110 -418 Other Rentals 12 -05 RADIO LEASE $2,034.48 Invoice 25128033 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $2,034.48 Refer 123105 HENNEPIN COUNTY TREASUR (R -356- -357- City of Mound 02/08/06 10:44 AM Page 2 Payments CITY OF MOUND Current Period: December 2005 AP Payment E 101 - 41600 -450 Board of Prisoners 12 -05 ROOM AND BOARD $570.50 Invoice 001281 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $570.50 Refer 123105 INFRATECH AP Payment E 401 - 43104 -500 Capital Outlay FA CIPP REPAIRS $31,670.00 Invoice 0503199 12/31/2005 Project PW0501 AP Payment E 401 - 43103 -500 Capital Outlay FA #4 & #58 COMPLETED $3,080.00 Invoice 0600094 12/31/2005 Project PWO501 Transaction Date 12/31/2005 Due 12131/2005 Accounts Payable 20200 Total $34,750.00 Refer 123105 JOHNS VARIETY AND PETS m r AP Payment G 101 -22810 X -Mas Lights Donation /Expe WHITE LIGHTS $228.98 Invoice 0144874 12/31/2005 AP Payment G 101 -22810 X -Mas Lights Donation /Expe WHITE LIGHTS $961.32 Invoice 0275030 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $1,190.30 Refer 123105 KENNEDYAND GRAVEN - AP Payment E 455 - 46380 -300 Professional Srvs 12 -05 REDEVELOP AREA #1 $314.70 Invoice 123105 12/31/2005 AP Payment G 101 -22908 Mound Harbor Renaissance 12 -05 MOUND HARBOR RENAISSANCE $3,199.90 Invoice 123105 12/31/2005 AP Payment E 401 -46377 -300 Professional Srvs 12 -05 CTY RD #15 REALIGNMENT $445.72 Invoice 123105 12/3112005 AP Payment E 101 -41600 -300 Professional Srvs 12 -05 DREAMWOOD LAWSUIT $42.00 Invoice 123105 12/31/2005 AP Payment E 101- 41600 -300 Professional Srvs 12 -05 GARDNER LAWSUIT $660.00 Invoice 123105 12131/2005 AP Payment E 401 - 46388 -300 Professional Srvs 12 -05 TRANSIT DISTRICT PARKING RAMP $72.00 Invoice 123105 12/31/2005 Project 46388 AP Payment E 101 -41600 -300 Professional Srvs 12 -05 EXECUTIVE $750.00 Invoice 123105 12/31/2005 AP Payment E 101- 41600 -300 Professional Srvs 12 -05 ADMINISTRATIVE $66.00 Invoice 123105 12/31/2005 AP Payment G 101 -23028 2855 Cambridge Lane #0 -4-4 12 -05 2855 CAMBRIDGE LANE, MILBRATH $560.00 Invoice 123105 12/31/2005 AP Payment G 101 -23077 Halstead Point #06 -02 12 -05 HALSTEAD POINTE #06 -02 $42.00 Invoice 123105 12/31/2005 AP Payment G 101 -23078 3198 Westedge, Abatement 12 -05 3198 WESTEDGE,ABATEMENT $494.00 Invoice 123105 12/31/2005 AP Payment G 101 -23061 5776 Bartlett Blvd #05 -45 Sk 12 -05 5019 WREN ROAD,PEBBLES $66.00 Invoice 123105 12131/2005 AP Payment E 101- 41600 -316 Legal P & 1 12 -05 MISC PLANNING /ZONING $493.12 Invoice 123105 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $7,205.44 Refer 123105 LAKE MINNETONKA COMM. COM AP Payment E 101 -49840 -300 Professional Srvs 4TH QTR PUBLIC ACCESS FEE $10,358.60 Invoice 123105 12/31/2005 Transaction Date ry123105�LANOEQUIPMENT, 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $10,358.60 Refer INCORPORAT -357- City of Mound 02/08/06 10:44 AM Pa se 3 Payments CITY OF MOUND Current Period: December 2005 AP Payment E 101 - 45200 -409 Other Equipment Repair 7 -PIN REPAIR KIT $85.82 Invoice 16267 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $85.82 Refer 123105 LEAGUE MN CITIES INSURANCE AP Payment E 602- 49450 -361 General Liability Ins SEWER BACKUP $1,000.00 Invoice 11054156 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $1,000.00 Refer 123105 MADDEN, FRANK AND ASSOCIAT AP Payment E 101 -49999 -300 Professional Srvs 12 -05 PROSECUTION SERVICES $159.10 Invoice 123105 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 -1. -1- ._ Accounts Payable 20200 4:1 Total $159.10 1- - Refer 3 MCK1- JOHN . 111- o�, -w, 6 ,R . 1-1-1--,", e.. , " "" -11'.11 ,,,_ - AP Payment E 101 - 42110 -218 Clothing and Uniforms 2005 FITNESS INCENTIVE $94.80 Invoice 123105 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $94.80 Refer 123105 MIDWEST LANDSCAPING���� AP Payment E 496 - 46580 -500 Capital Outlay FA PUBLIC SAFETY BUILDING $1,467.00 Invoice 123105 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $1,467.00 Refer 123105 M/NNEHAHA BUILDING MAINTENA AP Payment E 609 - 49750 -440 Other Contractual Servic 12 -26 -05 WINDOW WASH $37.28 Invoice 115023090 12/31/2005 Transaction Date 12/31/2005 Due 12/3112005 Accounts Payable 20200 Total $37.28 Refer 123105 MORAN USA, LLC AP Payment E 609 - 49750 -255 Misc Merchandise For R MERCHANDISE $462.37 Invoice 268054 -B 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $462.37 Refer 123105 PAULA. WALDRON & ASSOCIATE������ AP Payment E 101 -42400 -308 Building Inspection Fees 10 -01 -05 THRU 11 -30 -05 INSPECTION $23,359.03 BILLINGS Invoice 123105 12/31/2005 AP Payment E 101 - 42400 -308 Building Inspection Fees 12 -01 -05 THRU 12 -30 -05 INSPECTIONS $7,221.16 Invoice 123105 12/3112005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $30,580.19 Refer 123105 PETTIBONE, P.F. AND COMPANY AP Payment E 101 -45200 -200 Office Supplies MINUTE BOOK,FILLTER SHEETS,ETC $252.78 Invoice 9955 12/31/2005 PO 19235 AP Payment E 281 -45210 -220 Repair /Maint Supply MINUTE BOOK,FILLTER SHEETS,ETC $252.77 Invoice 9955 12/31/2005 PO 19235 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $505.55 Refer 123105 SCHWAAB, INCORPORATED AP Payment E 101 - 41310 -210 Operating Supplies SIGNATURE STAMP $35.73 Invoice T74922 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $35.73 Refer 123105 T- MOBILE CELL PHONE -358- City of Mound 02/08/06 10:44 AM Page 4 Payments CITY OF MOUND Current Period: December 2005 AP Payment E 101 - 42110 -321 Telephone & Cells 12 -07 -05 THRU 01 -06 -06 PHONE SERVICE $63.20 Invoice 123105 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $63.20 Refer - 123105 TRUE VALUE, NAVARRE AP Payment E 101 - 45200 -220 Repair /Maint Supply MISCELLANEOUS SUPPLIES $19.91 Invoice 123105 12/31/2005 AP Payment E 101 - 43100 -381 Electric Utilities MISCELLANEOUS SUPPLIES $9,78 Invoice 123105 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $29.69 Refer 123105 VIDOETRONIX, INCORPORATED AP Payment E 101 -42110 -220 Repair /Maint Supply REPAIR DIGITAL RECORDER $496.50 Invoice 91454 12/31/2005 PO 19305 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $496.50 Refer 123105�XCELENERGY AP Payment E 101 -45200 -381 Electric Utilities 07 -25 -05 THRU 08 -28 -05 $236.65 Invoice 123105 -B 12/31/2005 AP Payment E 602 - 49450 -381 Electric Utilities 07 -25 -05 THRU 08 -28 -05 $1,213.62 Invoice 123105 -B 12/31/2005 AP Payment E 101 - 43100 -381 Electric Utilities 07 -25 -05 THRU 08 -28 -05 $825.15 Invoice 123105 -B 12/31/2005 AP Payment E 601 -49400 -381 Electric Utilities 07 -25 -05 THRU 08 -28 -05 $5,060.85 Invoice 123105 -B 12/31/2005 AP Payment E 609 - 49750 -381 Electric Utilities 07 -25 -05 THRU 08 -28 -05 $1,412.54 Invoice 123105 -B 12/31/2005 AP Payment E 101- 41910 -381 Electric Utilities 07 -25 -05 THRU 08 -28 -05 $1,712.15 Invoice 123105 -B 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $10,460.96 I -359- i CITY OF MOUND Fund Summary 101 GENERAL FUND 281 COMMONS DOCKS FUND 401 GENERAL CAPITAL PROJECTS 455 TIF 1 -2 475 TIF 1 -3 Mound Harbor Renaissan 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND City of Mound Payments Current Period: December 2005 20200 Accounts Payable $60,671.80 $252.77 $35,267.72 $314.70 $3,738.41 $1,467.00 $5,202.18 $2,213.62 $1,966.69 $111,094.89 Pre - Written Check $0.00 Checks to be Generated by the Compute $111,094.89 Total $111,094.89 -360- 02/08/06 10:44 AM Page 5 r CITY OF MOUND City of Mound Payments Current Period: January 2006 01/25/06 11:34 AM Page 1 Refer 12506 LAKE MINNETONKA CHAMBER CO Cash Payment E 101 - 41310 -430 Miscellaneous BUY -A -BRICK AD Batch Name 012506SUE User Dollar Amt $1,996.90 1/25/2006 Payments Computer Dollar Amt $1,996.90 E 609 - 49750 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES $239.00 Invoice 022506 $0.00 In Balance Refer 21408 BECK, KENNETH Wells Fargo 10100 Total $274.00 Refer 12506 Cash Payment G 101 -21715 Flex Plan Medical 2005 MEDICAL REIMBUSEMENT Cash Payment $56.81 Invoice 022506 2/25/2006 Invoice 012506 1/26/2005 Cash Payment G 101 -21715 Flex Plan Medical 2006 MEDICAL REIMBURSEMENT 01 -10 -60 CELL PHONES $168.00 Invoice 022506 2/25/2006 Cash Payment Transaction Date 1124/2006 Wells Fargo 10100 Total $224.81 Refer 12506 BERENT, BRIAN Cash Payment E 602 -49450 -321 Telephone & Cells Cash Payment G 101 -21715 Flex Plan Medical 2006 MEDICAL REIMBURSEMENT 1/26/2005 $357.92 Invoice 012506 1/25/2006 G 101 -22816 Personal Cell Phone 01 -10-60 CELL PHONES $222.92 Transaction Date 1/25/2006 Wells Fargo 10100 Total $357.92 Refer 22506 FACKLER, JAMES Wells Fargo 10100 Total $676.17 Cash Payment G 101 -21715 Flex Plan Medical 2006 MEDICAL REIMBURSEMENT $464.00 Invoice 022506 2/25/2006 Transaction Date 1/25/2006 Wells Fargo 10100 Total $464.00 Refer 12506 LAKE MINNETONKA CHAMBER CO Cash Payment E 101 - 41310 -430 Miscellaneous BUY -A -BRICK AD $35.00 Invoice 012506 1/25/2006 Cash Payment E 609 - 49750 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES $239.00 Invoice 022506 2/25/2006 Transaction Date 1/24/2006 Wells Fargo 10100 Total $274.00 Refer 12506 VERIZON WIRELESS (P/W) Cash Payment E 101 - 42400 -321 Telephone & Cells 01 -10 -60 CELL PHONES $13.56 Invoice 012506 1/26/2005 Cash Payment E 101 -43100 -321 Telephone & Cells 01 -10 -60 CELL PHONES $197.97 Invoice 012506 1/26/2005 Cash Payment E 601 -49400 -321 Telephone & Cells 01 -10 -60 CELL PHONES $125.87 Invoice 012506 1/26/2005 Cash Payment E 602 -49450 -321 Telephone & Cells 01 -10 -60 CELL PHONES $115.85 Invoice 012506 1/26/2005 Cash Payment G 101 -22816 Personal Cell Phone 01 -10-60 CELL PHONES $222.92 Invoice 012506 1/26/2005 Transaction Date 1/23/2006 Wells Fargo 10100 Total $676.17 -361- CITY OF MOUND Fund Summary 101 GENERAL FUND 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND City of Mound Payments Current Period: January 2006 10100 Wells Fargo $1,516.18 $125.87 $115.85 $239.00 $1,996.90 Pre - Written Check $0.00 Checks to be Generated by the Compute $1,996.90 Total $1,996.90 -362- 01/25/06 11:34 AM Page 2 CITY OF MOUND 02/01/06 12:20 PM Page 1 Payments . w CITY OF MOUND Current yyPeriod: February 2006 Batch Name 020106SUE User Dollar Amt $3,341.31 Payments Computer Dollar Amt $3,341.31 $0.00 In Balance Refer 20106 WALSH, KOREN _ $194.64 Refer 20106 Cash Payment R 601 -49400 -36200 Miscellaneous Revenu REFUND W/S UTILITIES $332.64 Invoice 020106 2/1/2006 01 -17 -06 SHARE CELL PHONES $47.08 Transaction Date 1/25/2006 Wells Fargo 10100 Total $332.64 Refer 20106 NEXTEL COMMUNICATIONS (PAR_ E 601 -49400 -321 Telephone & Cells 01 -17 -06 SHARE CELL PHONES Cash Payment E 101 -45200 -321 Telephone & Cells 12 -19 -05 THRU 01 -18 -06 612 - 221 -6740 $32.65 Invoice 020106 2/1/2006 E 602 - 49450 -321 Telephone & Cells 01 -17 -06 SHARE CELL PHONES Cash Payment E 101 - 45200 -321 Telephone & Cells 12 -19 -05 THRU 01 -18 -06 612 - 221 -6794 $14.01 Invoice 020106 2/1/2006 Wells Fargo 10100 Total $141.24 Cash Payment E 101 -45200 -321 Telephone & Cells 12 -19 -05 THRU 01 -18 -06 612 - 221 -6812 $87.04 Invoice 020106 2/1/2006 02 -06 REFUND HEALTH INSURANCE $383.41 Cash Payment E 101 -45200 -321 Telephone & Cells 12 -19 -05 THRU 01 -18 -06 612 - 221 -8385 $33.66 Invoice 020106 2/1/2006 $383.41 Refer 20106 Cash Payment E 101 -42400 -321 Telephone & Cells 12 -19 -05 THRU 01 -18 -06 612 - 363 -5883 $27.28 Invoice 020106 2/1/2006 Transaction Date 1/26/2006 Wells Fargo 10100 Total $194.64 Refer 20106 VER/ZON WIRELESS (P/W) o .......... .. Cash Payment E 101 -43100 =321 Telephone & Cells 01 -17 -06 SHARE CELL PHONES $47.08 Invoice 020106 2/4/2006 Cash Payment E 601 -49400 -321 Telephone & Cells 01 -17 -06 SHARE CELL PHONES $47.08 Invoice 020106 2/4/2006 Cash Payment E 602 - 49450 -321 Telephone & Cells 01 -17 -06 SHARE CELL PHONES $47.08 Invoice 020106 2/412006 Transaction Date 1/30/2006 Wells Fargo 10100 Total $141.24 Refer 20106 BOSTROM, RON _ Cash Payment G 101 -21706 Health Insurance 02 -06 REFUND HEALTH INSURANCE $383.41 Invoice 020106 2/1/2006 Transaction Date 1/30/2006 Wells Fargo 10100 Total $383.41 Refer 20106 LAKE MINNETONKA CONSERVATI Cash Payment E 101 -41310 -434 Conference & Training 02 -02 -06 SAVE THE LAKE BANQUET $50.00 Invoice 020106 2/1/2006 Transaction Date 1/30/2006 Wells Fargo 10100 Total $50.00 Refer IX20106 SPEEDWAY SUPERAMERICA (FIR _ Cash Payment E 222 -42260 -212 Motor Fuels THRU 01 -26 -06 GASOLINE CHARGES $1,036.62 Invoice 020106 2/112006 Transaction Date 1/30/2006 Wells Fargo 10100 Total $1,036.62 Refer 20106 SPEEDWAY SUPERAMERICA (PAR _ Cash Payment E 101 -42110 -212 Motor Fuels THRU 01- 2.6 -06 GASOLINE CHAREGS $7.13 Invoice 020106 2/1/2006 Cash Payment E 101- 43100 -212 Motor Fuels THRU 01- 26 -06, GASOLINE CHAREGS $7.13 Invoice 020106 2/112006 Cash Payment E 601 -49400 -212 Motor Fuels THRU 01 -26 -06 GASOLINE CHAREGS $7.13 Invoice 020106 2/1/2006 -363- I, CITY OF MOUND CITY OF MOUND Payments Current Period: February 2006 02/01/06 12:20 PM Page 2 Fund Summary 10100 Wells Fargo 101 GENERAL FUND '(, .'� 7� } Y X ?r %� a ;R §pApPo';gaN9 i 19 'm !}1i � ec i 7«z -�,i Sa i rfM II � h n sk.*M1 ➢C 4 Ft j15 `?^ 5 Cash Payment E 602 -49450 -212 Motor Fuels THRU 01 -26 -06 GASOLINE CHAREGS $7.13 Invoice 020106 2/1/2006 $3,341.31 Cash Payment E 101- 45200 -212 Motor Fuels THRU 01 -26 -06 GASOLINE CHAREGS $343.80 Invoice 020106 2/1/2006 Transaction Date 1/30/2006 Wells Fargo 10100 Total $372.32 Refer 20106 WAYZATA, CITY OF� Cash Payment E 101 - 43100 -438 Licenses and Taxes LICENSE TABS $56.25 Invoice 020106 2/1/2006 Transaction Date 1/31/2006 Wells Fargo 10100 Total $56.25 Refer 20106 MOUND POST OFFICE Cash Payment E 101 -41110 -322 Postage FEB. NEWLETTER $774.19 Invoice 020106 2/1/2006 Transaction Date 2/1/2006 Wells Fargo 10100 Total $774.19 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $1,863.63 222 AREA FIRE SERVICES $1,036.62 601 WATER FUND $386.85 602 SEWER FUND $54.21 $3,341.31 Pre - Written Check $0.00 Checks to be Generated by the Compute $3,341.31 Total $3,341.31 -364- -365- City of Mound 02/08/06 8:23 AM Page 1 Payments CITY OF MOUND Current Period: February 2006 ...rst A�.r'w=m*rs ... tb.- r�+a;bhm,r.€iroy wRk✓im�.+.4r... k +v. v:=P.f'asln Pmita e+s„ nzw.0 Y. .n.�k .b. a .,., ..J ao...i,. Batch Name 020806SUE User Dollar Amt $9,859.04 Payments Computer Dollar Amt $9,859.04 $0.00 In Balance Refer 20806 ACS GOVERNMENT SYSTEMS, IN Cash Payment E 222 -42260 -205 Computer Software 01 -03 -06 THRU 03 -01 -07 SOFTWARE $602.74 SUPPORT Invoice 49747 2/8/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $602.74 Refer 20806 BERRY COFFEE COMPANY Cash Payment E 222 -42260 -210 Operating Supplies COFFEE $36.00 Invoice 543434 2/8/2006 Cash Payment E 222 - 42260 -210 Operating Supplies COFFEE $39.00 Invoice 540769 2/8/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $75.00 Refer 20806 KURTZ, JAMES Cash Payment G 101 -21716 Flex Plan Dependents 2006 DEPENDENT CARE REIMBURSEMENT $199.00 Invoice 020806 2/8/2006 Transaction Date 216/2006 Wells Fargo 10100 Total $199.00 Refer 20806 METROPOLITAN COUNCIL ENVIR ° Cash Payment G 602 -21825 SAC Deposits 12 -05 SAC CHARGES $1,435.50 Invoice 020806 2/8/2006 Transaction Date 2/8/2006 Wells Fargo 10100 Total $1,435.50 Refer 20806 NEXTEL COMMUNICATIONS (FIRE Cash Payment E 222 -42260 -321 Telephone & Cells 12 -19 -05 THRU 01 -28 -06 CELL PHONES $67.01 Invoice 020806 2/812006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $67.01 Refer 20806 NEXTEL COMMUNICATIONS (POLI Cash Payment E 101 -42110 -321 Telephone & Cells 12 -19 -05 THRU 01 -18 -06 PHONES $621.18 Invoice 020806 2/8/2006 Transaction Date 2/2/2006 Wells Fargo 10100 Total $621.18 Refer 20806 NORTH MEMORIAL EDUCATION� Cash Payment E 222 - 42260 -434 Conference & Training 03 -03 -06 EMT CLASSES, GUSTAFSON $240.00 Invoice 020806 2/8/2006 PO 19533 Transaction Date 2/7/2006 Wells Fargo 10100 Total $240.00 Refer 20806 RAHN, JODI L. Cash Payment G 101 -21715 Flex Plan Medical 2006 MEDICAL REIMBRUSEMENT $330.00 Invoice 020806 2/8/2006 Transaction Date 2/2/2006 Wells Fargo 10100 Total $330.00 Refer 20806 SCOTT COUNTY COURTHOUSE Cash Payment G 101 -22801 Deposits /Escrow CASE #06 -266 BOOKING #7627 WT #2005- $250.00 03790 Invoice 020806 2/8/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $250.00 Refer 20806 SPEEDWAY SUPERAMERICA (P/W -365- City of Mound 02/08/06 8:23 AM / y Page 2 Payments CITY OF MOUND Current Period: February 2006 w� a WR 1. .. . Y Cash Payment E 101 - 45200 -212 Motor Fuels THRU 01 -26 -06 GASOLINE CHARGES $88.16 Invoice 020806 2/8/2006 602 SEWER FUND $2,274.71 Cash Payment E 101 - 43100 -212 Motor Fuels THRU 01 -26 -06 GASOLINE CHARGES $1,819.30 Invoice 020806 2/8/2006 Cash Payment E 601 - 49400 -212 Motor Fuels THRU 01 -26 -06 GASOLINE CHARGES $787.43 Invoice 020806 2/8/2006 Cash Payment E 602 -49450 -212 Motor Fuels THRU 01 -26 -06 GASOLINE CHARGES $820.40 Invoice 020806 2/8/2006 Transaction Date 2/712006 Wells Fargo 10100 Total $3,515.29 Refer 20806 SPEEDWAYSUPERAMERICA (POL�� Cash Payment E 101 - 42110 -212 Motor Fuels THRU 01 -26 -06 GASOLINE CHARGES $2,466.89 Invoice 020806 2/8/2006 Transaction Date 2/2/2006 Wells Fargo 10100 Total $2,466.89 Refer 20806 TRUE VALUE, NAVARRE Cash Payment E 101 -43100 -230 Shop Materials DRILL BITS $18.81 Invoice 163335 2/8/2006 Cash Payment E 601 -49400 -230 Shop Materials DRILL BITS $18.81 Invoice 163335 2/8/2006 Cash Payment E 602 - 49450 -230 Shop Materials DRILL BITS $18.81 Invoice 163335 2/8/2006 Transaction Date 2/612006 Wells Fargo 10100 Total $56.43 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $5,793.34 222 AREA FIRE SERVICES $984.75 601 WATER FUND $806.24 602 SEWER FUND $2,274.71 $9,859.04 Pre - Written Check $0.00 Checks to be Generated by the Compute $9,859.04 Total $9,859.04 -366- -367- City of Mound 02 /08/06 4:26 PM Page 1 Payments CITY OF MOUND Current Period: February 2006 .. Batch Name 021406SUE User Dollar Amt $302,338.13 Payments Computer Dollar Amt $302,338.13 $0.00 In Balance Refer 21406 ACTION RADIO AND COMMUNICA Cash Payment E 101 - 42110 -409 Other Equipment Repair GUNLOCK REPLACEMENT $96.92 Invoice 3428 2/14/2006 PO 19312 Transaction Date 1/30/2006 Wells Fargo 10100 Total $96.92 Refer 21406 ALLIED WASTE SERVICES #894 Cash Payment E 101 -43100 -384 Refuse /Garbage Dispos 01 -06 GARBAGE SERVICE $41.86 Invoice 021406 2/14/2006 Cash Payment E 601 -49400 -384 Refuse /Garbage Dispos 01 -06 GARBAGE SERVICE $41.86 Invoice 021406 2/14/2006 Cash Payment E 602 -49450 -384 Refuse /Garbage Dispos 01 -06 GARBAGE SERVICE $41.85 Invoice 021406 2/14/2006 Cash Payment E 222 - 42260 -384 Refuse /Garbage Dispos 01 -06 GARBAGE SERVICE $89.68 Invoice 021406 2/14/2006 Cash Payment E 101 - 42110 -384 Refuse /Garbage Dispos 01 -06 GARBAGE SERVICE $89.67 Invoice 021406 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $304.92 Refer 21406 AMERICAN MESSAGING Cash Payment E 601 - 49400 -418 Other Rentals 02 -01 -06 THRU 01 -31 -07 PAGERS $128.63 Invoice 0800009672000 2/14/2006 Cash Payment E 602 - 49450 -418 Other Rentals 02 -01 -06 THRU 01 -31 -07 PAGERS $128.62 Invoice 0800009672000 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $257.25 Refer 21406 AMSAN BRISSMAN- KENNEDY Cash Payment E 222 -42260 -216 Cleaning Supplies CONCENTRATED DEGREASER $173.13 Invoice 076839 -00 2/14/2006 PO 19199 Transaction Date 2/6/2006 Wells Fargo 10100 Total $173.13 Refer 21406 AMUNDSON, M. LLP Cash Payment E 609 - 49750 -255 Misc Merchandise For R CIGARETTES $645.65 Invoice 194132 2/14/2006 Transaction Date 1/23/2006 �ANCOM Wells Fargo 10100 Total $645.65 Refer 21406 TECHNICAL CENTER Cash Payment E 222 - 42260 -325 Pagers -Fire Dept. PAGER REPAIRS $618.65 Invoice 67411 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $618.65 Refer 21406 ANTHONYS FLORAL Cash Payment E 101 - 41110 -430 Miscellaneous TAFFE FUNERAL $42.60 Invoice 30790 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $42.60 Refer 21406 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $60.13 Invoice 463603110 2/14/2006 Transaction Date 2/2/2006 Wells Fargo 10100 Total $60.13 -367- City of Mound 02/08/06 4:26 PM Page 2 Payments CITY OF MOUND Current Period: February 2006 z Refer 21406 ASSURED SECURITY H a Cash Payment E 101 -41910 -210 Operating Supplies KEY CUT $25.03 Invoice 38133 2/14/2006 Transaction Date 2/8/2006 Wells Fargo 10100 Total $25.03 Refer 21406 BELLBOY CORPORATION Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $4,053.00 Invoice 35984300 2114/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,664.65 Invoice 35973500 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,437.50 Invoice 35940200 2/1412006 Cash Payment E 609 - 49750 -255 Misc Merchandise For R MERCHANDISE $54.28 Invoice 41051300 2114/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,045.90 Invoice 36033100 2114/2006 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $60.96 Invoice 41093400 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $841•.00 Invoice 36102200 2/14/2006 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $237.58 Invoice 41119800 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $3,941.35 Invoice 36043700 2114/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $3,520.65 Invoice 36110000 2/14/2006 Cash Payment E 609- 49750 -255 Misc Merchandise For R MERCHANDISE $202.97 Invoice 41119800 2/14/2006 Transaction Date 1/23/2006 Wells Fargo 10100 Total $17,059.84 Refer 21406 BERRY COFFEE COMPANY Cash Payment E 101 - 41110 -431 Meeting Expense COFFEE $13.66 Invoice 543445 2/14/2006 Cash Payment E 101 - 42400 -431 Meeting Expense COFFEE $13.66 Invoice 543445 2/14/2006 Cash Payment E 101 - 45200 -431 Meeting Expense COFFEE $6.84 Invoice 543445 2/14/2006 Cash Payment E 281 - 45210 -431 Meeting Expense COFFEE $6.84 Invoice 543445 2/1412006 Transaction Date 2/612006 Wells Fargo 10100 Total $41.00 Refer 21406 BORDER STATES ELECTRIC SUP Cash Payment E 609 -49750 -210 Operating Supplies FLOURSCENT BULBS $46.65 Invoice 94928060 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $46.65 Refer 21406 BREDAHL PLUMBING, INCORPOR Cash Payment E 496 -46580 -500 Capital Outlay FA 01 -27 -06 SERVICE CALL $1,636.44 Invoice S25597C 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $1,636.44 Refer 21406 BUMPER TO BUMPER Refer 21406 CARQUEST OF NAVARRE (P/W) - Cash Payment E 602 - 49450 -221 Equipment Parts RADIATOR CAP $6.25 Invoice 2035 2/1412006 Cash Payment E 101 - 43100 -221 Equipment Parts CREDIT — RETURN WIPER BLADE -$2.49 Invoice 2696 2/1412006 Cash Payment E 601 -49400 -221 Equipment Parts CREDIT — RETURN WIPER BLADE 42.49 (� Invoice 2696 City of Mound 02108106 4:26 PM Cash Payment Page 3 CREDIT — RETURN WIPER BLADE /! Payments Invoice 2696 2/14/2006 CITY OF MOUND AIR FILTER $51.72 Current Period: February 2006 2/14/2006 Cash Payment Cash Payment E 101 - 45200 -404 Repairs / Maint Machinery MISCELLANEOUS SUPPLIES $36.03 Invoice D359475 2/14/2006 Cash Payment E 601 - 49400 -221 Equipment Parts POWER SOCKET $8.51 Invoice D360887 2/14/2006 Invoice 2415 Cash Payment E 101- 45200 -404 Repairs / Maint Machinery SPLASH GUARD $23.41 Invoice D360272 2/14/2006 WIPER BLADES Transaction Date 1/23/2006 Wells Fargo 10100 Total $68.55 Refer 21406 CARG/L SALT DIVISION Cash Payment E 101 - 43100 -224 Street Maint Materials BULK ICE $685.73 Invoice 1548471 2/1412006 2/14/2006 Cash Payment E 101 -43100 -224 Street Maint Materials BULK ICE $625.99 Invoice 1549397 2/14/2006 $13.33 Transaction Date 2/6/2006 Wells Fargo 10100 Total $1,311.72 Refer 21406 CARQUEST OF NAVARRE (P/W) - Cash Payment E 602 - 49450 -221 Equipment Parts RADIATOR CAP $6.25 Invoice 2035 2/1412006 Cash Payment E 101 - 43100 -221 Equipment Parts CREDIT — RETURN WIPER BLADE -$2.49 Invoice 2696 2/1412006 Cash Payment E 601 -49400 -221 Equipment Parts CREDIT — RETURN WIPER BLADE 42.49 (� Invoice 2696 2/14/2006 Cash Payment E 602 - 49450 -221 Equipment Parts CREDIT — RETURN WIPER BLADE -$2.50 Invoice 2696 2/14/2006 Cash Payment E 101 - 43100 -221 Equipment Parts AIR FILTER $51.72 Invoice 2683 2/14/2006 Cash Payment E 101 -43100 -221 Equipment Parts WIPER BLADES $9.42 Invoice 2415 2/14/2006 Cash Payment E 601 - 49400 -221 Equipment Parts WIPER BLADES $9.42 Invoice 2415 2/14/2006 Cash Payment E 602 - 49450 -221 Equipment Parts WIPER BLADES $9,41 Invoice 2415 2/14/2006 Cash Payment E 101 - 43100 -221 Equipment Parts WIPER BLADES $13.33 Invoice 2333 2/14/2006 Cash Payment E 601 - 49400 -221 Equipment Parts WIPER BLADES $13.33 Invoice 2333 2/14/2006 Cash Payment E 602 -49450 -221 Equipment Parts WIPER BLADES $13.32 Invoice 2333 2/14/2006 Cash Payment E 101 -43100 -221 Equipment Parts AIR FILTER $27,98 Invoice 2690 2/14/2006 Cash Payment E 101 -43100 -221 Equipment Parts AIR FILTER $27,98 Invoice 2686 2/14/2006 Transaction Date 1/26/2006 Refer 21406 CAT AND FIDDLE BEVERAGE Cash Payment E 609 - 49750 -253 Wine For Resale Invoice 43430 2/1412006 Wells Fargo 10100 Total $174.68 WINE $728.00 Transaction Date 2/8 /2006 Wells Fargo 10100 Total $728.00 Refer 21406 CENTRAL MCGOWAN, INCORPOR �� Cash Payment E 101 - 43100 -220 Repair / Maint Supply OXYGEN,HAZ MATERIALS $40.16 Invoice 00238438 2/1412006 -369- City Of Mound 02/08/06 4:26 PM Invoice 68416 2/14/2006 Page 4 E 602 -49450 -202 Duplicating and copying Payments 2/14/2006 CITY OF MOUND E 601 - 49400 -500 Capital Outlay FA Invoice 68267 Current Period: February 2006 Cash Payment E 602 -49450 -500 Capital Outlay FA Invoice 68267 2/14/2006 PO 19467 Transaction Date 2/7 /2006 Wells Fargo 10100 Total $40.16 Refer 21406 CHADWICK AND MERTZ Cash Payment E 101 -41600 -304 Legal Fees 01 -06 PROSECUTION SERVICES $5,507.10 Invoice 021406 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $5,507.10 Refer 21406 CHIEFS OF POLICE INTERNATION . Cash Payment E 101- 42110 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES,KURTZ $100.00 Invoice 021406 2/14/2006 PO 19311 Cash Payment E 101 - 42110 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES,MCKINLEY $100.00 Invoice 021406 2/14/2006 PO 19311 Transaction Date 1/30/2006 Wells Fargo 10100 Total $200.00 Refer 21406 CLAREYS SAFETY EQUIPMENT, ! Cash Payment E 222 - 42260 -210 Operating Supplies SALVAGE TARP $897.50 Invoice 48320A 2/14/2006 PO 18865 Transaction Date 2/6/2006 Wells Fargo 10100 Total $897.50 Refer 21406 CLASSIFIEDS, ROUNDUP, LAKER, Cash Payment E 101 -43100 -328 Employment Advertising 01 -07 -06 CLASSIFIED $71.09 Invoice 021406 2/14/2006 Cash Payment E 601 -49400 -328 Employment Advertising 01 -07 -06 CLASSIFIED $71.09 Invoice 021406 2/14/2006 Cash Payment E 602 -49450 -328 Employment Advertising 01 -07 -06 CLASSIFIED $71.10 Invoice 021406 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $213.28 Refer 21406 COCA COLA BOTTLING - MIDWEST Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 80975093 2/14/2006 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa CREDIT —MIX Invoice 80975101 2/1412006 $366.20 -$3.50 Transaction Date 1/30/2006 Wells Fargo 10100 Total $362.70 Refer 21406 COPY IMAGES, INCORPORATED Cash Payment E 601 - 49400 -202 Duplicating and copying Invoice 68416 2/14/2006 Cash Payment E 602 -49450 -202 Duplicating and copying Invoice 68416 2/14/2006 Cash Payment E 601 - 49400 -500 Capital Outlay FA Invoice 68267 2/14/2006 PO 19467 Cash Payment E 602 -49450 -500 Capital Outlay FA Invoice 68267 2/14/2006 PO 19467 Transaction Date 1/19/2006 Refer 21406 DAVIES WATER EQUIPMENT Cash Payment E 601 -49400 -220 Repair /Maint Supply Invoice S01001181 -001 2/14/2006 PO 19464 01 -06 -05 THRU 02 -05 -06 MAINTENANCE $13.32 01 -06 -05 THRU 02 -05 -06 MAINTENANCE $13.31 #55137395 COPIER $670.95 #55137395 COPIER $670.95 Wells Fargo 10100 Total $1,368.53 MXU WIRE $436.04 Transaction Date 2/8/2006 Wells Fargo 10100 Total $436.04 Refer 21406 DAY DISTRIBUTING COMPANY Cash Payment E 609 - 49750 -252 Beer For Resale BEER Invoice 347758 2/1412006 -370- $727.51 -371- City of Mound 02/08/06 4:26 PM _ Page 5 Payments CITY OF MOUND Current Period: February 2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,084.40 Invoice 348546 2/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $141.00 Invoice 349060 2/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $19,20 Invoice 349560 2/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,755.30 Invoice 349559 2/14/2006 Transaction Date 1/26/2006 ,., ..... Wells Fargo 10100 Total $5,727.41 Refer 21406 DIVERSIFIED SECURITY INCORPO Cash Payment E 609 - 49750 -440 Other Contractual Servic COLOR MONITOR $441.98 Invoice 2082 2/14/2006 Transaction Date 1/26/2006 Wells Fargo 10100 Total $441.98 Refer 21406 DOBKIN, EUGENE Cash Payment G 101 -23007 Erosion Control Escrow REFUND EROSION ESCROW $500.00 Invoice 021406 2/14/2006 Transaction Date 1/23/2006 Wells Fargo 10100 Total $500.00 Refer 21406 EDEN PRAIRIE, CITY OF Cash Payment E 222 - 42260 -433 Dues and Subscriptions 2006 WAFTA DUES $2,000.00 Invoice 1338 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $2,000.00 Refer 21406 EMERGENCY APPARATUS MAINT Cash Payment E 222 -42260 -409 Other Equipment Repair #24 SEALS LEAK $3,715.66 Invoice 23773 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $3,715.66 Refer 21406 ENVIRONMENTAL EQUIPMENT AN Cash Payment E 101 -43100 -404 Repairs /Maint Machinery BROOM,GASKET,ETC $1,080.44 Invoice 5390 2/14/2006 PO 19470 Transaction Date 2/7/2006 Wells Fargo 10100 Total $1,080.44 Refer 21406 EXTREME BEVERAGE Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $64.00 Invoice 394294 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $64.00 Refer 21406 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101 -41910 -321 Telephone & Cells 01 -06 TELEPHONE SERVICE $1,047.98 Invoice 021406 2/14/2006 Cash Payment E 101 - 42110 -321 Telephone & Cells 01 -06 TELEPHONE SERVICE $454,78 Invoice 021406 2/14/2006 Cash Payment E 222 - 42260 -321 Telephone & Cells 01 -06 TELEPHONE SERVICE $271.16 Invoice 021406 2/14/2006 Cash Payment E 101 - 43100 -321 Telephone & Cells 01 -06 TELEPHONE SERVICE $572.40 Invoice 021406 2/14/2006 Cash Payment Invoice 021406 E 601 -49400 -321 Telephone & Cells 2/14/2006 01 -06 TELEPHONE SERVICE $572.40 Cash Payment E 602 - 49460 -321 Telephone & Cells 01 -06 TELEPHONE SERVICE $572.40 Invoice 021406 2/14/2006 -371- CITY OF MOUND City of Mound Payments Current Period: February 2006 02/08/06 4:26 PM Page 6 Cash Payment E 101 - 45200 -321 Telephone & Cells 01 -06 TELEPHONE SERVICE $19.55 Invoice 021406 2/14/2006 Cash Payment E 609 - 49750 -321 Telephone & Cells 01 -06 TELEPHONE SERVICE $685.29 Invoice 021406 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $4,195.96 Refer 21406 FULLERTON BUILDING CENTER Cash Payment E 101 - 45200 -430 Miscellaneous SKATE PARK SUPPLIES #1176 $38.96 Invoice 2094394 2/14/2006 Transaction Date 1/23/2006 Wells Fargo 10100 Total $38.96 Refer 21406 GALLS, INCORPORATED Cash Payment E 101 - 42110 -218 Clothing and Uniforms CSO JACKET $130.98 Invoice 5810183600011 2/14/2006 PO 19291 Transaction Date 1/26/2006 Wells Fargo 10100 Total $130.98 Refer 21406 GARY'S DIESEL SERVICE� Cash Payment E 601 - 49400 -404 Repairs /Maint Machinery #100 COOLANT LEAK $173.04 Invoice 69749 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $173.04 Refer 21406 GRAPE BEGINNINGS, INCORPOR Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,379.50 Invoice 79130 2/14/2006 Transaction Date 2/2/2006 Wells Fargo 10100 Total $1,379.50 Refer 21406 GRIGGS COOPER AND COMPANY�� Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,680.43 Invoice 352902 2/14/2006 Cash Payment E 60949750 -253 Wine For Resale WINE $386.98 Invoice 352901 2/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $296.64 Invoice 354415 2/14/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,132.50 Invoice 356202 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $288.52 Invoice 256098 2114/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale CREDIT — LIQUOR - $575.14 Invoice 685988 2/1412006 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR - $15.40 Invoice 686177 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $1,846.93 Invoice 359633 2/14/2006 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $37.99 Invoice 359632 2/14/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,547.40 Invoice 359631 2/14/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale CREDIT — LIQUOR - $74.74 Invoice 686447 2/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE - $28.80 Invoice 686446 2/1412006 Transaction Date 1/20/2006 Wells Fargo 10100 Total $6,523.31 -372- _ City of Mound 02/08/06 4:26 PM Page 7 Payments CITY OF MOUND Current Period: February 2006 Refer 21406 HARDINA, DAMON Cash Payment E 602 - 49450 -305 Medical Services 2006 SAFETY LENS $229.50 Invoice 021406 2/14/2006 Cash Payment E 602 - 49450 -218 Clothing and Uniforms 2006 BOOT ALLOWANCE $169.99 Invoice 021406 2/14/2006 Transaction Date 1/26/2006 Wells Fargo 10100 Total $399.49 Refer 21406 HAWKINS,�INCORPORATED Cash Payment E 601- 49400 -227 Chemicals HYDROFLUOSILICIC ACID /CHLORINE $2,106.76 Invoice 779260 2/14/2006 Transaction Date 1/26/2006 Wells Fargo 10100 Total $2,106.76 Refer 21406 HECKSEL MACHINE SHOP Cash Payment E 101 - 45200 -430 Miscellaneous SKATE PARK SUPPLIES #1176 $360.71 Invoice 62030 2/14/2006 Cash Payment E 601 -49400 -221 Equipment Parts WATER KEYS $42.44 Invoice 62023 2/14/2006 Cash Payment E 101 - 43100 -404 Repairs /Maint Machinery #183 CABLE,CLAMPS $119.17 Invoice 62024 2/14/2006 Cash Payment E 101 - 43100 -221 Equipment Parts FLAT STEEL TUBING $98.89 Invoice 62022 2/14/2006 Transaction Date 1/23/2006 Wells Fargo 10100 Total $621.21 Refer 21406 HOHENSTEINS, INCORPORATED Cash Payment E 609 -49750 -252 Beer For Resale BEER $152.50 Invoice 380067 2/14/2006 Transaction Date 2/7 /2006 Wells Fargo 10100 Total $152.50 Refer 21406 HOME DEPOT /GECF (P/WI Cash Payment E 101 - 45200 -430 Miscellaneous SKATE PARK #1187 $148.78 Invoice 023270/8179577 2/14/2006 PO 18930 Cash Payment E 101 - 45200 -220 Repair /Maint Supply HOLE SAW $54.25 Invoice 023859/8018560 2/14/2006 PO 18930 Cash Payment E 281 -45210 -220 Repair /Maint Supply PLYWOOD,MISC $29.45 Invoice 023255/8019576 2/14/2006 PO 18930 Transaction Date 1/23/2006 Wells Fargo 10100 Total $232.48 Refer 21406 IKON OFFICE MACHINES Cash Payment E 101 -42110 -202 Duplicating and copying 12 -24 -05 THRU 01 -24 -06 COPIER $166.61 MAINTENANCE Invoice 23987072 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $166.61 Refer 21406 IN THE LINE OF DUTY - Cash Payment E 101 - 42110 -434 Conference & Training DVD TRAINING $110.00 Invoice 021406 2/14/2006 PO 19310 Transaction Date 1/30/2006 Wells Fargo 10100 Total $110.00 Refer 21406 ISANTI COUNTY SHERIFF OFFICE Cash Payment E 101 -42110 -434 Conference & Training 01 -06 -06 TACTICAL SEARCH /SEIZURE $50.00 TRAINING Invoice 021406 2/14/2006 PO 19315 Transaction Date 1/30/2006 Wells Fargo 10100 Total $50.00 Refer 21406 ISLAND PARK SKELLY -373- Cash Payment E 601 - 49400 -404 Repairs /Maint Machinery #402 THERMOSTAT Invoice 20383 2/14/2006 $120.40 Transaction Date 2/6/2006 Wells Fargo 10100 Total $120.40 Refer 21406 JANI -KING OF MINNESOTA, INCOR Cash Payment E 101 - 42110 -460 Janitorial Services Invoice MIN01060789 2/14/2006 Cash Payment E 101 - 41910 -460 Janitorial Services Invoice MIN02060536 2/14/2006 Cash Payment E 101 - 43100 -460 Janitorial Services Invoice MIN02060535 2/14/2006 Cash Payment E 601 -49400 -460 Janitorial Services Invoice MIN02060535 2/1412006 Cash Payment E 602 - 49450 -460 Janitorial Services Invoice MIN02060535 2/14/2006 01 -06 CLEANING SERVICE $568.71 02 -06 CLEANING SERVICE $1,227.95 02 -06 CLEANING SERVICE $51.12 02 -06 CLEANING SERVICE $51.12 02 -06 CLEANING SERVICE $51.12 Transaction Date 1/26/2006 Wells Fargo 10100 Total $1,950.02 Refer 21406 JEFFERSON FIRE AND SAFETY, IN Cash Payment E 222 - 42260 -210 Operating Supplies LEATHER BOOT $257.59 Invoice 126482 2/14/2006 Transaction Date 2/6 /2006 Wells Fargo 10100 Total $257.59 Refer 21406 JOHNSON BROTHERS LIQUOR Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $164.90 Invoice 1020828 2/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $465.15 Invoice 1020829 2/14/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $3,343.94 Invoice 1020830 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $190.30 Invoice 1020832 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $331.00 Invoice 1023952 2/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $320.60 Invoice 1023951 2114/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $4,892.60 Invoice 1023950 2/14/2006 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa CREDIT —MIX -$4.00 Invoice 301596 2/14/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale CREDIT — LIQUOR - $13.27 Invoice 301969 2/1412006 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR -$6.90 Invoice 302121 2/14/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale CREDIT — LIQUOR - $17.04 Invoice 302602 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT -- LIQUOR - $13.57 Invoice 301969 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $258.78 Invoice 1027174 2/1412006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $284.45 Invoice 1027175 2/14/2006 -374- Refer 21406 LAKE AREA POWER EQUIPMENT Cash Payment E 101 -43100 -221 Equipment Parts TRIGGER LOCK $11.04 Invoice 059484 2/14/2006 Cash Payment E 101 -43100 -221 Equipment Parts PLUGS AND CHAINS $114.08 Invoice 059485 2/14/2006 Transaction Date City of Mound 02/08/064:26 PM Total $125.12 Refer 21406 LAKE MINNETONKA CONSERVATI Page 9 Payments E 101 - 41110 -433 Dues and Subscriptions 1ST QTR LEVY PAYMENT $5,506.00 Invoice 021406 2/14/2006 CITY OF MOUND Wells Fargo 10100 Total $5,506.00 Current Period: February 2006 :,y.N6 evar, m,., waa+en mwA uw, rna`x .U.�trv.� .�n+ifl `JSi^a hu+i s.ei%r nvec ar ,. y6C s,k.. a. 1�'.s. �! r== »-,r ^, w .._x.= s �'.,• Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $688.78 Invoice 1027176 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $97.05 Invoice 1027177 2/14/2006 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $451.00 Invoice 1027178 2/14/2006 Invoice 1226 2/14/2006 Transaction Date 1/20/2006 Wells Fargo 10100 Total $11,433.77 Refer 21406 JUBILEE FOODS 02 -04 -06 ORDINANCE AMENDING #350 Cash Payment E 101 - 41110 -431 Meeting Expense 01 -25 -06 COUNCIL COOKIES $51.14 Invoice 021406 2/14/2006 Transaction Date 217/2006 Cash Payment E 101 -42400 -210 Operating Supplies 02 -03 -06 PLASTIC PERMIT BAGS $31.98 Invoice 021406 2/14/2006 Cash Payment Transaction Date a. 1/26/2006 Wells Fargo 10100 Total $83.12 Refer 21406�KURTZ, JAMES 2/14/2006 Cash Payment E 101 - 42110 -404 Repairs /Maint Machinery REIMBURSE #844 TEARDOWN $200.00 Invoice 021406 2/1412006 $51.25 Cash Payment E 101 - 42110 -350 Printing REIMBURSE #844 TEARDOWN $125.86 Invoice 021406 2/14/2006 E 602 - 49450 -328 Employment Advertising 01 -12 -06 P/W CLASSIFIED Transaction Date 1/26/2006 Wells Fargo 10100 Total $325.86 Refer 21406 LAKE AREA POWER EQUIPMENT Cash Payment E 101 -43100 -221 Equipment Parts TRIGGER LOCK $11.04 Invoice 059484 2/14/2006 Cash Payment E 101 -43100 -221 Equipment Parts PLUGS AND CHAINS $114.08 Invoice 059485 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $125.12 Refer 21406 LAKE MINNETONKA CONSERVATI Cash Payment E 101 - 41110 -433 Dues and Subscriptions 1ST QTR LEVY PAYMENT $5,506.00 Invoice 021406 2/14/2006 Transaction Date 217/2006 Wells Fargo 10100 Total $5,506.00 Refer 21406 LAKER NEWSPAPER Cash Payment G 101 -23061 5776 Bartlett Blvd #05 -45 Sk 01 -28 -06 PUBLIC HEARING NOTICE $35.82 Invoice 1286 2/1412006 Cash Payment E 101 -42110 -351 Legal Notices Publishing ORD #01 -2006 ALARM SYSTEMS $183.08 Invoice 1216 2/14/2006 Cash Payment E 401 -43110 -300 Professional Srvs 01 -21 -06 ASSESSMENT FOR ABATEMENT $75.62 Invoice 1226 2/14/2006 Cash Payment E 101 -42400 -351 Legal Notices Publishing 02 -04 -06 ORDINANCE AMENDING #350 $115.42 Invoice 2406 2114/2006 Transaction Date 217/2006 Wells Fargo 10100 Total $409.94 Refer 21406 LAKESHORE WEEKLY NEWS Cash Payment E 101 -43100 -328 Employment Advertising 01 -12 -06 P/W CLASSIFIED $51.25 Invoice 32254 2/14/2006 Cash Payment E 601 - 49400 -328 Employment Advertising 01 -12 -06 P/W CLASSIFIED $51.25 (� Invoice 32254 2/14/2006 Cash Payment E 602 - 49450 -328 Employment Advertising 01 -12 -06 P/W CLASSIFIED $51.25 Invoice 32254 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $153.75 -375- Z CITY OF MOUND City of Mound Payments Current Period: February 2006 02/08/06 4:26 PM Page 10 Refer 21406 MARK Vll DISTRIBUTOR Cash Payment E 609 - 49750 -252 Beer For Resale BEER Refer 21406 LAWSON PRODUCTS, INC Invoice 889830 2/14/2006 Cash Payment E 101 -43100 -230 Shop Materials BOLTS,NUTS,ETC $191.29 Invoice 4022049 2/14/2006 PO 19465 Invoice 889829 2/14/2006 Cash Payment E 601 -49400 -230 Shop Materials BOLTS,NUTS,ETC $191.29 Invoice 4022049 2/14/2006 PO 19465 Invoice 894703 2/14/2006 Cash Payment E 602 -49450 -230 Shop Materials BOLTS,NUTS,ETC $191.30 Invoice 4022049 2/14/2006 PO 19465 Invoice 892258 2/14/2006 Cash Payment E 101 -45200 -220 Repair /Maint Supply METAL WHEEL $106.92 Invoice 4049472 2/14/2006 Refer 21406 MARLIN'S TRUCKING DELIVERY Transaction Date 2/7/2006 Wells Fargo 10100 Total $680.80 Refer 21406 MARK Vll DISTRIBUTOR Cash Payment E 609 - 49750 -252 Beer For Resale BEER $45.50 Invoice 889830 2/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,642.00 Invoice 889829 2/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,567.15 Invoice 894703 2/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $1,594.45 Invoice 892258 2/14/2006 Transaction Date 1/2312006 Wells Fargo 10100 Total $4,849.10 Refer 21406 MARLIN'S TRUCKING DELIVERY Cash Payment E 609 -49750 -265 Freight 01 -03 -06 DELIVERY CHARGE $16.50 Invoice 16476 2/14/2006 Cash Payment E 609 -49750 -265 Freight 01 -05 -06 DELIVERY CHARGE $75.90 Invoice 16495 2114/2006 Cash Payment E 609 -49750 -265 Freight 01 -06 -06 DELIVERY CHARGE $60.50 Invoice 16499 2/14/2006 Cash Payment E 609 - 49750 -265 Freight 01 -09 -06 DELIVERY CHARGE $25.30 Invoice 16503 2/14/2006 Cash Payment E 609 -49750 -265 Freight 01 -12 -06 DELIVERY CHARGE $128.70 Invoice 16525 2/14/2006 Cash Payment E 609 -49750 -265 Freight 01 -16 -06 DELIVERY CHARGE $26.40 Invoice 16536 2/14/2006 Cash Payment E 609 - 49750 -265 Freight 01 -19 -06 DELIVERY CHARGE $108.90 Invoice 16558 2/1412006 Cash Payment E 609 - 49750 -265 Freight 01 -23 -06 DELIVERY CHARGE $42.90 Invoice 16567 2/14/2006 Cash Payment E 609 - 49750 -265 Freight 01 -26 -06 DELIVERY CHARGE $140.80 Invoice 16588 2/14/2006 Cash Payment E 609 -49750 -265 Freight 01 -30 -06 DELIVERY CHARGE $39.60 Invoice 16598 2/14/2006 Transaction Date 1/20/2006 Wells Fargo 10100 Total $665.50 Refer 21406 MATRX MEDICAL Cash Payment E 222 - 42260 -219 Safety supplies PERSONAL PACKS $27.36 Invoice 8106503 -01 2/14/2006 PO 19523 Transaction Date 216/2006 Wells Fargo 10100 Total $27.36 Refer 21406 METROPOLITAN AREA MANAGEM -376- CITY OF MOUND City of Mound Payments Current Period: February 2006 Cash Payment E 101 -41310 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES Invoice 021406 2/14/2006 02/08106 4:26 PM Page 11 $40.00 Transaction Date 1/26/2006 Wells Fargo 10100 Total $40.00 Refer 21406 METROPOLITAN COUNCIL WASTE Cash Payment E 602 - 49450 -388 Waste Disposal -MCIS 02 -05 WASTEWATER $45,278.98 Invoice 815746 2/14/2006 Transaction Date 1/19/2006 Wells Fargo 10100 Total $45,278.98 Refer 21406 MINNESOTA COUNTIES INSURAN Cash Payment E 101 - 45200 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES $53.60 Invoice 003573 2/14/2006 Invoice 3663 2/14/2006 Cash Payment E 101 - 43100 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES $95.20 Invoice 003573 2/14/2006 Refer 21406 Cash Payment E 601 - 49400 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES $41.60 Invoice 003573 2/14/2006 COLIFORM WATER TESTS $77.50 Cash Payment E 602 - 49450 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES $59.60 Invoice 003573 2/14/2006 Transaction Date 1/19/2006 Wells Fargo 10100 Transaction Date 2/6/2006 Wells Fargo 10100 Total $250.00 Refer 21406 MINNESOTA PUBLISHING -377- Cash Payment E 609 -49750 -340 Advertising 02 -06 ADVERTISING $90.00 Invoice 3663 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $90.00 Refer 21406 MINNESOTA VALLEY TESTING LA Cash Payment E 601 -49400 -470 Water Samples COLIFORM WATER TESTS $77.50 Invoice 287170 2/14/2006 Transaction Date 1/19/2006 Wells Fargo 10100 Total $77.50 Refer 21406 MINUTEMAN PRESS Cash Payment E 101 - 41310 -200 Office Supplies ENVELOPES $37.63 Invoice 6469 2/14/2006 PO 19501 Cash Payment E 101 -41500 -200 Office Supplies ENVELOPES $37.63 Invoice 6469 2/14/2006 PO 19501 Cash Payment E 101 -42400 -200 Office Supplies ENVELOPES $37.63 Invoice 6469 2/14/2006 PO 19501 Cash Payment E 101 -45200 -200 Office Supplies ENVELOPES $37.63 Invoice 6469 2/14/2006 PO 19501 Cash Payment E 101 743100 -200 Office Supplies ENVELOPES $37.63 Invoice 6469 2/14/2006 PO 19501 Cash Payment E 609 - 49750 -200 Office Supplies ENVELOPES $12.53 Invoice 6469 2/14/2006 PO 19501 Cash Payment E 601 -49400 -200 Office Supplies ENVELOPES $25.08 Invoice 6469 2/14/2006 PO 19501 Cash Payment E 602 - 49450 -200 Office Supplies ENVELOPES $25.08 Invoice 6469 2/14/2006 PO 19501 Cash Payment E 101 -41310 -200 Office Supplies LETTERHEAD $59.37 Invoice 6470 2/14/2006 PO 19501 Cash Payment E 101 -41500 -200 Office Supplies LETTERHEAD $59.37 Invoice 6470 2/14/2006 PO 19501 Cash Payment E 101 -42400 -200 Office Supplies LETTERHEAD $59.37 Invoice 6470 2/14/2006 PO 19501 -377- Refer 21400 mOOnE,CAe17lVv Cash Po'mom E1o1-4n1ou-4u* Conference &Training �0���0�� City omoma*�emw Invoice 021406 2U4/2000 Page 12 Cash Payment soo14n4uu4u4 Conference uTraining Payments $11.6e Invoice 021406 2/14m006 Cash Payment CITY OF MOUND n1'o5*6cEAMCONFERENCE $11.e6 Invoice 021406 Current pe,mu: February 2006 caxo povmem Transaction Date 1/3012006 Cash Payment s 1o1-*ozon'uno Office Supplies LETTERHEAD $59.37 Invoice 6470 2114/2006 PO 19501 Euue'4uuoo'1uV Fire-Drill Pay 01-06 MAINTENANCE Cash Payment E 101431OO'2OO Office Supplies LETTERHEAD $59.37 Invoice 6470 2/14/2000 PO 19501 suou-4euaO'1as Fire-Maintenance Pay 01-06 DRILLS Cash Payment Eoos'4y7s0-uoo Office Supplies LETTERHEAD *19J9 Invoice 6470 2/14/2006 PO 19501 E222422GU'19O Fire-Monthly Salaries 01-06 SALARIES Cash Payment eVo1'4o400'uoo Office Supplies LETTERHEAD $39.58 Invoice 6470 2/14/2006 PO 19501 2/6o006 Wells Fargo 10100 Cash Payment ssou'*e4s0-2on Office Supplies LETTERHEAD $usao Invoice 6470 2/14/2006 PO 19501 Transaction Date 2/8/2006 Wells Fargo 10100 Total $648.64 Refer 21400 mOOnE,CAe17lVv Cash Po'mom E1o1-4n1ou-4u* Conference &Training 01-25-06 CsAM CONFERENCE $46.63 Invoice 021406 2U4/2000 Cash Payment soo14n4uu4u4 Conference uTraining n1'us-0oosxwCONFERENCE $11.6e Invoice 021406 2/14m006 Cash Payment Cash Payment Eoo2-4n4s0-4&* Conference &Training n1'o5*6cEAMCONFERENCE $11.e6 Invoice 021406 2/14/2005 caxo povmem Transaction Date 1/3012006 Wells Fargo 10100 Total *69.95 Refer 21406 MOUND FIRE DEPARTMENT _ Cash Payment Euue'4uuoo'1uV Fire-Drill Pay 01-06 MAINTENANCE $823.00 Invoice 021406 2v14/2006 Cash Payment suou-4euaO'1as Fire-Maintenance Pay 01-06 DRILLS $710.00 Invoice 021406 2/14/2006 Cash Payment E222422GU'19O Fire-Monthly Salaries 01-06 SALARIES $3.024.00 Invoice 021406 2/1412006 Transaction Date 2/6o006 Wells Fargo 10100 Total o5.157.00 Rom, 21406 MOUND MARKETPLACE LLo Cash Payment snon-4e7so-410 Building nanta|o Invoice 021406 2/14/2006 Transaction Date 1/26/2006 Rem, 21406 w0uNo CITY OF ou-0o COMMON AREA MAINTENANCE $878.75 Wells Fargo 10100 Total $879.75 Cash Payment secu-4cxoo-4no Dues and Subscriptions uoo6 DOCK SLIP LICENSE $357.50 Invoice 021406 2U4/2006 Transaction Date 2/7m006 Wells Fargo 10100 Total $357.50 Refer 21406 MUELLER, WILLIAM AND SONS _ Cash Payment s*o1-4a4on-2o4 Street ma/mMaterials 01-30-06 SCREENED $23.69 mm000 116534 . 2/14/2006 caxo povmem soou-4y4no-2o* Street muimmamnu|n 01'30*6 aoReswso *on.ro |nvnoo 116534 2/14/2000 Cash Payment Eoo1.*o400'uu* Street maimMaterials 01-23-06 SCREENED $24.10 Invoice 116414 2/1*m006 Cash Payment Esou-4o4owe24 Street ma|mMatema|a 01-23-06 SCREENED s24.09 Invoice 11641* 2/14/2006 Cash Payment Eso1-*e^oo-2u4 Street maimMuteno|u 01-19-06 SCREENED $195.38 Invoice 116367 2/14/2006 Cash Payment Eaoc'4e4so'uu4 Street mointMaterials 01-19-06 SCREENED $1e5.37 Invoice 116367 2/1*/2006 s • � City of Mound Payments Current Period: February 2006 02/08/06 4:26 PM Page 13 Cash Payment E 101 -43100 -224 Street Maint Materials 01 -13 -06 CONCRETE $1,352.21 Invoice 116261 2/14/2006 2/14/2006 PO 19456 Cash Payment E 601 - 49400 -224 Street Maint Materials 01 -13 -06 CONCRETE $56.47 Invoice 116261 2/14/2006 $174.70 Invoice 3140739 Cash Payment E 602 - 49450 -224 Street Maint Materials 01 -13 -06 CONCRETE $56.47 Invoice 116261 2/14/2006 Wells Fargo 10100 Total Transaction Date 2/6/2006 Wells Fargo 10100 Total $1,951.48 Refer 21406 MUZAK - MINNEAPOLIS Cash Payment Cash Payment E 609 - 49750 -440 Other Contractual Servic 02 -06 MUSIC SERVICE $97.16 Invoice A640346 211412006 Transaction Date 1123/2006 Wells Fargo 10100, Total $97.16 Refer 21406 NATIONAL WATERWORKS Cash Payment E 601 -49400 -220 Repair / Maint Supply HAMMER FLARE TOOL $46.17 Invoice 3103876 2/14/2006 PO 19456 Cash Payment E 601 -49400 -221 Equipment Parts CLAMPS $174.70 Invoice 3140739 2/14/2006 Transaction Date . . 1/19/2006 Wells Fargo 10100 Total $220.87 Refer 21406 NICCUM, DANIEL Cash Payment E 101 - 42110 -434 Conference & Training 01 -25 -06 TRAINING REIMBURSEMENT $68.48 Invoice 021406 2/1412006 Transaction Date 2/212006 Wells Fargo 10100 Total $68.48 Refer 21406 NORTHERN SAFETY TECHNOLOG Cash Payment E 101 -43100 -500 Capital Outlay FA #1205 STROBE LIGHTS #9281 $183.12 Invoice 8809 2/14/2006 PO 19461 Cash Payment E 601 -49400 -500 Capital Outlay FA #1205 STROBE LIGHTS #9281 $183.12 Invoice 8809 2/14/2006 PO 19461 Cash Payment E 602 -49450 -500 Capital Outlay FA #1205 STROBE LIGHTS #9281 $183.11 Invoice 8809 2/14/2006 PO 19461 Cash Payment E 601 - 49400 -221 Equipment Parts MINI LFL,MAG,MT.AMBER $609.57 Invoice 8809 2/14/2006 PO 19461 Cash Payment E 101 - 45200 -202 Duplicating and copying RETURN DEFECTIVE MATERIAL - $48.72 Invoice 8809 2/14/2006 Transaction Date 2/2/2006 Wells Fargo 10100 Total $1,110.20 Refer 21406 NORTHERN TOOL AND EQUIPMEN Cash Payment E 101 - 43100 -404 Repairs / Maint Machinery SWIVEL STEEL CASTERS $21,26 Invoice 9875107 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $21.26 Refer 21406 NORTHERN TRAFFIC SUPPLY, INC Cash Payment E 101 - 43100 -440 Other Contractual Servic 5469 BARTLETT BARRICADE,ETC $118.32 Invoice 25 -12043 2/14/2006 Cash Payment E 101 -43100 -440 Other Contractual Servic 4363 WILSHIRE BARRICADE, ETC $156.18 Invoice 25- 12044 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $274.50 Refer 21406�PAUSTIS AND SONS WINE COMPA f Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE _$15.08 Invoice 8095364 2/14/2006 -379- City of Mound 02/08/06 4:26 PM / Page 14 Payments CITY OF MOUND Current Period: February 2006 Refer 21406 PRESS NEWS PUBLICATIONS Cash Payment E 101 -43100 -328 Employment Advertising 01 -06 P/W CLASSIFIED $80.40 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $735.48 Invoice 8096416 2/14/2006 $80.40 Invoice 021406 2/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE E 602 -49450 -328 Employment Advertising $2,302.72 Invoice 8097254 2/14/2006 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Refer 21406 $841.68 Invoice 8097842 2/14/2006 Cash Payment G 101 -23007 Erosion Control Escrow REFUND EROSION ESCROW Transaction Date 1/20/2006 Wells Fargo 10100 Total $3,864.80 Refer 21406 PEPSI -COLA COMPANY Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $67.60 Invoice 32280091 2/14/2006 Transaction Date 1/30/2006 Wells Fargo 10100 Total $67.60 Refer 21406 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $102.00 Invoice 2286970 2/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $349.85 Invoice 2286971 2/14/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $34.75 Invoice 2286972 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,643.75 Invoice 2289309 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $46.25 Invoice 2289311 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $1,600.60 Invoice 2289310 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR -$9.40 Invoice 3332811 2/14/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,316.25 Invoice 2291635 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $1,531.65 Invoice 2291636 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $74.40 Invoice 2291637 2114/2006 Transaction Date 1/20/2006 Wells Fargo 10100 Total $6,690.10 Refer 21406 PLUNKETT'S, INCORPORATED Cash Payment E 101 -41910 -440 Other Contractual Servic JAN,FEB,MAR PEST CONTROL $99.67 Invoice 904906 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $99.67 Refer 21406 PRESS NEWS PUBLICATIONS Cash Payment E 101 -43100 -328 Employment Advertising 01 -06 P/W CLASSIFIED $80.40 Invoice 021406 2/14/2006 Cash Payment E 601 -49400 -328 Employment Advertising 01 -06 P/W CLASSIFIED $80.40 Invoice 021406 2/14/2006 Cash Payment E 602 -49450 -328 Employment Advertising 01 -06 P/W CLASSIFIED $80.40 Invoice 021406 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $241.20 Refer 21406 PRO VISION CONSTRUCTION�� Cash Payment G 101 -23007 Erosion Control Escrow REFUND EROSION ESCROW $500.00 Invoice 021406 2/14/2006 :1 CITY OF MOUND City of Mound Payments Current Period: February 2006 32 e 02/08/06 4:26 PM Page 15 Transaction Date 217/2006 Wells Fargo 10100 Total $500.00 Refer � 21406 PROTECTION ONE Cash Payment E 101-41910-440 Other Contractual Servic 02 -01 -06 THRU 04 -30 -06 FIRE MONITORING $146.00 Invoice 021406 2/14/2006 Transaction Date 1/26/2006 Wells Fargo 10100 Total $146.00 Refer 21406 QUALITY WINE AND SPIRITS Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $384.32 Invoice 657187 -00 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $81.18 Invoice 657917 -00 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR - $85.65 Invoice 654399 -00 2/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $90.68 Invoice 660813 -00 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $684.54 Invoice 660247 -00 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $69.49 Invoice 664383 -00 2/1412006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $773.41 Invoice 663108 -00 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $726.07 Invoice 663569 -00 2/14/2006 Transaction Date 1/20/2006 �21406�RANDY'S Wells Fargo 10100 Total $2,724.04 Refer SANITATION Cash Payment E 101 - 41910 -384 Refuse /Garbage Dispos 01 -06 GARBAGE SERVICE $123.91 Invoice 021406 2/14/2006 Transaction Date 1/23/2006 Wells Fargo 10100 Total $123.91 Refer 21406 RAYS SERVICES Cash Payment E 101 - 45200 -533 Tree Removal LOST LAKE PARK TREE REMOVAL $425.00 Invoice 021406 2/14/2006 Cash Payment E 101 -45200 -533 Tree Removal 2301 FAIRVIEW RD TREE REMOVAL $2,150.00 Invoice 021406 2/14/2006 Transaction Date 1/30/2006 Wells Fargo 10100 Total $2,575.00 Refer 21406 SCHARBER AND SONS Cash Payment E 101 - 45200 -409 Other Equipment Repair MISCELLANEOUS SUPPLIES $11.18 Invoice 02- 2054315 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $11.18 Refer 21406 SCHINDLER ELEVATOR CORPOR Cash Payment E 222 - 42260 -401 Repairs /Maint Buildings 2006 ELEVATOR MAINTENANCE $447.18 Invoice 8101445587 2/14/2006 Cash Payment E 101 - 42110 -404 Repairs /Maint Machinery 2006 ELEVATOR MAINTENANCE $447.18 Invoice 8101445587 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $894.36 Refer 21406 SENTRY SYSTEMS, INCORPORAT Cash Payment E 609 -49750 -440 Other Contractual Servic 02 -06 FIRE MONITORING $26.26 Invoice 475586 2/14/2006 -381- City of Mound E 609 -49750 -252 Beer For Resale 02/08/06 4:26 PM $32.80 Payments 2/1412006 Page 16 y E 609 -49750 -252 Beer For Resale BEER $5,287.40 Invoice 220761 2/14/2006 CITY OF MOUND Cash Payment E 609 -49750 -252 Beer For Resale BEER Current Period: February 2006 Invoice 220849 2/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale Cash Payment E 609 - 49750 -440 Other Contractual Servic 02 -06 BURGLARY MONITORING Invoice 220850 $26.26 Invoice 477452 2/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale Transaction Date 1/23/2006 Wells Fargo 10100 Total $52.52 Refer 21406 SOUTH LAKE MINNETONKA POLIC Cash Payment Cash Payment E 101 - 42110 -434 Conference & Training 01 -17 -06 FIREARMS RANGE $3,333.40 $125.00 Invoice 021406 2114/2006 PO 19313 Transaction Date Transaction Date 1/30/2006 Wells Fargo 10100 Total $125.00 Refer 21406 SPECIALTY WINES AND BEVERAG Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $746.33 Invoice 6766 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $746.33 Refer 21406 ST. JOSEPH EQUIPMENT, INCORP Cash Payment E 101 - 43100 -500 Capital Outlay FA TRACTOR/SNOWBLOWER $97,258.00 Invoice VM02849 2/14/2006 PO 19454 Cash Payment E 101 - 43100 -404 Repairs /Maint Machinery FILTERS,ELEMENTS,ETC $705.66 Invoice SX00995 2/14/2006 Cash Payment E 601 - 49400 -404 Repairs /Maint Machinery FILTESR,ELEMENTS,ETC $705.65 Invoice SX00995 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $98,669.31 Refer 21406 STERNE ELECTRIC COMPANY Cash Payment E 602 - 49450 -440 Other Contractual Servic LIFT STATION REPAIRS $376.83 Invoice 8663 2/14/2006 Cash Payment E 101 -43100 -381 Electric Utilities STREET LIGHT REPAIRS $182.29 Invoice 8672 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $559.12 Refer 21406 SUN NEWSPAPERS Cash Payment E 101 -43100 -328 Employment Advertising 01 -18 -06 THRU 02 -01 -06 CLASSIFIED $288.67 Invoice 833026 2/14/2006 Cash Payment E 601 - 49400 -328 Employment Advertising 01 -18 -06 THRU 02 -01 -06 CLASSIFIED $288.67 Invoice 833026 2114/2006 Cash Payment E 602 -49450 -328 Employment Advertising 01 -18 -06 THRU 02 -01 -06 CLASSIFIED $288.66 Invoice 833026 2/14/2006 Transaction Date 1/23/2006 Wells Fargo 10100 Total $866.00 Refer 21406 TAYLOR, J.J. DISTRIBUTING MINN Cash Payment E 609 -49750 -252 Beer For Resale BEER $32.80 Invoice 220762 2/1412006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $5,287.40 Invoice 220761 2/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $4,423.45 Invoice 220849 2/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $19.95 Invoice 220850 2/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $34.50 Invoice 220937 2/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,333.40 Invoice 220936 2/1412006 Transaction Date 1/26/2006 Wells Fargo 10100 Total $13,131.50 i Refer 21406 V & S JEWELERS Cash Payment E 281 - 45210 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER $99,21 Invoice 021406 2/14/2000 Cash Payment E 101 - 45200 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER $33.06 Invoice 021406 2/14/2000 Transaction Date 2/6/2006 Wells Fargo 10100 Refer 21406 VFW CLUB #5113 Cash Payment E 101 - 41110 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER Invoice 021406 2/14/2006 Cash Payment E 281 - 45210 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER Invoice 021406 2/14/2006 Cash Payment E 101- 42400 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER Invoice 021406 2/14/2006 Cash Payment E 101 - 45200 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER Invoice 021406 2/14/2006 -383- Total $132.27 $117.18 $39.06 $273.43 $136.72 City of Mound 02/08/06 4:26 PM 11 Payments Page 17 ,� CITY OF MOUND Current Period: February 2006 Refer 21406 THORPE DISTRIBUTING COMPAN Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,063.90 Invoice 399387 2/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $63.90 Invoice 399386 2/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $5,139.15 Invoice 399989 2/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $61.00 Invoice 399988 2/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $77.00 Invoice 41102 2/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $314.00 Invoice 41011 2/14/2006 Transaction Date 1 /26/2006 Wells Fargo 10100 Total $6,718.95 Refer 21406 TRUE VALUE, MOUND Cash Payment E 101-43100-230 Shop Materials 01 -06 MISCELLANEOUS SUPPLIES $29.64 Invoice 021406 2/14/2006 Cash Payment E 601 -49400 -230 Shop Materials 01 -06 MISCELLANEOUS SUPPLIES $65.67 Invoice 021406 2/14/2006 Cash Payment E 602 -49450 -230 Shop Materials 01 -06 MISCELLANEOUS SUPPLIES $39.10 Invoice 021406 2/14/2006 Cash Payment E 101 -45200 -220 Repair /Maint Supply 01 -06 MISCELLANEOUS SUPPLIES $399.06 . Invoice 021406 2/14/2006 Cash Payment E 609 - 49750 -210 Operating Supplies 01 -06 MISCELLANEOUS SUPPLIES $33.81 Invoice 021406 2/14/2006 Cash Payment E 101 - 41910 -220 Repair /Maint Supply 01 -06 MISCELLANEOUS SUPPLIES $41.36 Invoice 021406 2/14/2006 Cash Payment E 602 -49450 -322 Postage 01 -06 MISCELLANEOUS SUPPLIES $10.57 Invoice 021406 2/14/2006 Cash Payment E 602 -49450 -221 Equipment Parts 01 -06 MISCELLANEOUS SUPPLIES $31.39 Invoice 021406 2/14/2006 Cash Payment E 601 -49400 -218 Clothing and Uniforms 01 -06 MISCELLANEOUS SUPPLIES $16.56 Invoice 021406 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $667.16 Refer 21406 V & S JEWELERS Cash Payment E 281 - 45210 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER $99,21 Invoice 021406 2/14/2000 Cash Payment E 101 - 45200 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER $33.06 Invoice 021406 2/14/2000 Transaction Date 2/6/2006 Wells Fargo 10100 Refer 21406 VFW CLUB #5113 Cash Payment E 101 - 41110 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER Invoice 021406 2/14/2006 Cash Payment E 281 - 45210 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER Invoice 021406 2/14/2006 Cash Payment E 101- 42400 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER Invoice 021406 2/14/2006 Cash Payment E 101 - 45200 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER Invoice 021406 2/14/2006 -383- Total $132.27 $117.18 $39.06 $273.43 $136.72 City of Mound 02/08/06 4:26 PM Page 18 Payments CITY OF MOUND Current Period: February 2006 Refer 21406 WIDMER CONSTRUCTION, LLC Cash Payment Invoice 1308 Cash Payment Invoice 1321 Cash Payment Invoice 1320 Cash Payment Invoice 1317 Transaction Date E 601 -49400 -400 Repairs & Maint Contract 01 -06 -06 REPAIR SUMAC/THREE PTS 2/14/2006 E 601 -49400 -400 Repairs & Maint Contract 01 -16 -06 BARTLETT BREAK 2/14/2006 E 601 -49400 -400 Repairs & Maint Contract 01 -18 -06 CLOVER CIRCLE /ASPEN BREA 2/14/2006 E 601 - 49400 -400 Repairs & Maint Contract 01 -17 -06 WILSHIRE/TUXEDO BREAK 2/14/2006 1/26/2006 Wells Fargo 10100 $815.00 $1,917.50 K $705.00 $1,750.00 Total $5,187.50 Refer 21406 WINE MERCHANTS Cash Payment E 101 - 41310 -431 Meeting Expense 01 -30 -06 APPRECIATION DINNER $19.54 Invoice 021406 2/14/2006 2114/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $585.93 Refer 21406 VIKING AUTOMATIC SPRINKLER C� Cash Payment E 222 - 42260 -430 Miscellaneous 2006 ANNUAL FIRE INSPECTION $122.50 Invoice 021406 2/14/2006 PO 19531 2/1412006 Cash Payment E 101 - 42110 -430 Miscellaneous 2006 ANNUAL FIRE INSPECTION $122.50 Invoice 021406 2/14/2006 PO 19531 2/14/2006 Transaction Date 2/7/2006 Wells Fargo 10100 Total $245.00 Refer 21406 WASTE MANAGEMENT- TC WEST 2/14/2006 Cash Payment E 670 -49500 -440 Other Contractual Servic 01 -06 CURBSIDE RECYCLING $8,326.48 Invoice 1273633- 1593 -9 2/14/2006 Invoice 27491 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $8,326.48 Refer 21406 WIDMER CONSTRUCTION, LLC Cash Payment Invoice 1308 Cash Payment Invoice 1321 Cash Payment Invoice 1320 Cash Payment Invoice 1317 Transaction Date E 601 -49400 -400 Repairs & Maint Contract 01 -06 -06 REPAIR SUMAC/THREE PTS 2/14/2006 E 601 -49400 -400 Repairs & Maint Contract 01 -16 -06 BARTLETT BREAK 2/14/2006 E 601 -49400 -400 Repairs & Maint Contract 01 -18 -06 CLOVER CIRCLE /ASPEN BREA 2/14/2006 E 601 - 49400 -400 Repairs & Maint Contract 01 -17 -06 WILSHIRE/TUXEDO BREAK 2/14/2006 1/26/2006 Wells Fargo 10100 $815.00 $1,917.50 K $705.00 $1,750.00 Total $5,187.50 Refer 21406 WINE MERCHANTS Cash Payment E 609 - 49750 -253 Wine For Resale WINE $356.00 Invoice 146749 2114/2006 Cash Payment E 609- 49750 -253 Wine For Resale WINE $331.00 Invoice 147384 2/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $654.75 Invoice 147350 2/1412006 Cash Payment E 609- 49750 -251 Liquor For Resale CREDIT — LIQUOR - $600.00 Invoice 27489 2/14/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale CREDIT— LIQUOR - $152.00 Invoice 27490 2/14/2006 Cash Payment E 609 - 49750 -251 Liquor For Resale CREDIT — LIQUOR - $18.67 Invoice 27491 2/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR - $18.67 Invoice 27492 2/14/2006 Transaction Date 1/20/2006 Wells Fargo 10100 Total $552.41 Refer 21406 WINKLER, BOB Cash Payment E 601 -49400 -224 Street Maint Materials 01 -12 -06 SAND FOR SALT MIX $1,225.62 Invoice 021406 2/14/2006 Cash Payment E 602 -49450 -224 Street Maint Materials 01 -12 -06 SAND FOR SALT MIX $1,225.61 Invoice 021406 2/14/2006 Transaction Date 1/19/2006 Wells Fargo 10100 Total $2,451.23 Refer 21406 XCEL ENERGY CITY OF MOUND City of Mound Payments Current Period: February 2006 02108/06 4:26 PM Page 19 Cash Payment E 101-43100-381 Electric Utilities 12 -28 -05 THRU 01 -29 -06 #51- 6002836 -0 $77.20 Invoice 96207810 2/14/2006 Transaction Date 2/6/2006 Wells Fargo 10100 Total $77.20 Fund Summary Pre - Written Check $0.00 Checks to be Generated by the Compute $302,338.13 Total $302,338.13 -385- 10100 Wells Fargo 101 GENERAL FUND $127,537.38 222 AREA FIRE SERVICES $14,134.91 281 COMMONS DOCKS FUND $174.56 401 GENERAL CAPITAL PROJECTS $75.62 496 HRA PUBLIC SAFETY BLDG $1,636.44 601 WATER FUND $13,778.05 602 SEWER FUND $50,168.07 609 MUNICIPAL LIQUOR FUND $86,506.62 670 RECYCLING FUND $8,326.48 $302,338.13 Pre - Written Check $0.00 Checks to be Generated by the Compute $302,338.13 Total $302,338.13 -385- A L) 5341 MAYWOOD ROAD Y OF MOUND MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com February 9, 2006 TO: Mayor and City Council FROM: Bonnie Ritter RE: Resolution to Approve the Release of Tax Forfeited Properties This is a housekeeping item, to add #2 under the "be it resolved" at the request of Hennepin County. 1 ,r ® printed on recycled paper -386- CITY OF MOUND RESOLUTION NO. 06- RESOLUTION TO APPROVE THE RELEASE OF TAX FORFEITED PROPERTIES: 25- 117 -24 -12 -0164 25- 117 -24 -12 -0169 25- 117 -24 -12 -0170 WHEREAS, Hennepin County is seeking a determination as to whether the above tax forfeited properties should be released for public auction, released for auction to adjacent property owners or retained for public use conveyance or nonpublic sale to the City of Mound, WHEREAS, City Staff has reviewed this request and approves the classification of the 1316 CNC List classifying these parcels as Non - Conservation and has determined that the above tax forfeited properties should be retained by the City for wetland purposes. WHEREAS, the City Council considered this request at their meeting of March 22, 2005, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: To approve the classification of the 1316 CNC List classifying these parcels as Non - Conservation and approve retention of the above tax forfeited properties by the City of Mound for wetland purposes. 2. To direct that the deeds for these parcels include a restrictive covenant prohibiting enrollment of these parcels in a state funded program providing compensation for conservation of marginal lands or wetlands. 3. This resolution amends Resolution 05 -39 dated March 22, 2005. Adopted by the City Council this 14th day of February, 2006. Attest: Bonnie Ritter, City Clerk 1 -387- Mayor Pat Meisel (]A \ February 9, 2006 TO: Gino Businaro Finance Director FROM: Joyce Nelson Recycling Coordinator SUBJECT: Compost Site for 2005 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472-0620 WEB: www.cityofmound.com For the year of 2005 the citizens of Mound disposed of 2536 cubic yards of yard waste at NRG. The cost to the City of Mound was $12,680.00. For the year of 2004 the citizens of Mound disposed of 3,066 cubic yards of yard waste at NRG. The cost to the City of Mound was $15,331.25. For the year of 2003, NRG collected 3,419 cubic yards of yard waste. The cost to the City of Mound was $17,095.00. ®printed on recycled paper -388- I AGREEMENT FOR DISPOSAL BETWEEN NRG PROCESSING SOLUTIONS, LLC. AND THE CITY OF MOUND This agreement is made and entered into by the City of Mound and, hereinto referred to as the City, and NRG Processing Solutions, LLC., or any successor, hereinto referred to as NRG PS. Section 1. TERM OF AGREEMENT This agreement will commence April 1, 2006 or when site is opened for the season, and shall expire December 1, 2006 or when the site is closed for the season. Section 2. AREA TO BE SERVED NRG PS will accept delivered, compostable yard waste material, without charge, from the private (i.e., non - commercial) residents of the City of Mound provided the material is prepared and delivered to the facility in a manner reasonably acceptable to NRG PS. The residents of the City will be required to show proper identification to show that they live in the City of Mound. Section 3. COMPOSTABLE MATERIALS The following are examples of the materials that will be accepted at the yard waste composting facility at no charge to residents of the City of Mound: Grass /Lawn Clippings Garden Waste Leaves Weeds Mil Foil Items may be added to or deleted from this list as agreed between the parties or required by law. Section 4. PAYMENT For the operation of accepting material from the residents of the City of Mound, the City will pay $12,500.00 up front to cover the material brought in by the residents of the City of Mound. NRG PS shall keep records of all yardage that is brought into the facility by the residents of the City. The $12,500.00 will cover 2500 cubic yards. If the total for the year is less than 2500 cubic yards NRG PS will refund to the City the difference at $5.00 per cubic yard for every cubic yard under 2500. If the total for the year is more than 2500 cubic yards the City will pay NRG PS $5.00 per a cubic yard for every cubic yard over 2500. :• Section 5. CANCELLATION AND TERMINATION Either party may terminate this Agreement for a material breach of the Agreement by the other party after giving written notice of breach and allowing the other party thirty (30) days to correct the breach to the satisfaction of the complaining party. Except as provided in the paragraph above, this Agreement may be canceled by either party only after thirty (30) days negotiation period and ninety (90) days notice to the other party. Section 6. APPLICABLE LAW This agreement is entered into, and governed by, laws of the State of Minnesota. Section 7. ENTIRE AGREEMENT This agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement In witness thereof, the parties hereto executed this agreement on the day of , 2006. CITY OF MOUND Kandis Hanson City Manager -390- NRG PS Gary White NRG Processing Solutions CONSENT AND WAIVER AGREEMENT THIS. AGREEMENT made this day of , 2006, by and. between June L. McCarthy, a single .person, (hereinafter "McCarthy "), and the City of Mound, a Minnesota municipal corporation (hereinafter "City "). WITNESSETH: WHEREAS; McCarthy is the owner of the land within the city of Mound having a street address of 3198 Westedge Boulevard, and legally described in the attached Exhibit A, (the WHEREAS, the Property was recently inspected by representatives of the City to determine the _ condition-of certam.ixnproverrients located:thereon,.and _- WHEREAS.; such inspection revealed that portions of a second floor outside deck were in danger of collapse due to the failure of certain structural supports for such deck, and. WHEREAS, such inspection further revealed that an outside swimming pool located on : the:pr-operty. -- was - unfenced- arid_w-as- collapsing, -and T -- --- - - - - -- - - - -- - _ - - - - - -. WHEREAS, based on the conditions disclosed by the inspection; the City has determined that the Property is a "hazardous building or hazardous property" within the meaning given that term in Minnesota Statutes, Section 463.15 through 463.621 (the. "Act "). WHEREAS, the. City has reported the results of.its inspection to McCarthy and McCarthy agrees with the conclusions contained therein, and with the City's conclusion as the applicability of the Act; and WHEREAS, the City has determined that the removal of portions of the deck and the securing of egress to the removed portions of the deck, and the securing of access to the swimming pool (the "Project ") are necessary in order to protect the public health or safety; and WHEREAS, The City is willing to undertake the Project and to specially assess the Property for the cost of such work subject to the provisions of this Agreement, and WHEREAS, it is the desire of McCarthy that the City undertake the Project, and McCarthy is willing to agree to accept the levy by the City of 100 % of the cost of the Project against the Property; and WHEREAS, the city is willing to construct the Project in accordance with the request by McCarthy provided the assurances and covenants hereinafter stated are made by McCarthy to ensure that the City will have valid and collectable special assessments as they relate to the. Property: to finance the'cost of the Project; and JBD- 272005v4 MU220 -5 . 1 -391- WHEREAS, were it not for the assurances and covenants hereinafter contained, the City would not undertake the Project. NOW, THEREFORE, on the basis of the mutual covenants and'agreements hereinafter provided, it is hereby agreed by and, between the pa-ties hereto as follows: 1. McCarthy hereby petitions for the undertaking of the Project consisting generally of the elements contained in the attached Exhibit B ( "Project Plan ") together with additional work items determined necessary by the City (subject to the dollar limitation contained in paragraph 3 below). 2 McCarthy represents and warrants that she is currently the owner of the Property, that there are no liens or encumbrances against the property, and that `she has the "full 'legal power _ . and authority to encumber the Property as herein provided. 3. __ : _ iVlcCarthy h as- _been informed <_ that :the_estimated cost rf the PrcxjectT:.ancluding, -.__ without limitation, all engineering, legal, administrative and fiscal costs is $3,700, but further understands and agrees, to the payment of actual costs up to 120.% o of the estimated cost. McCarthy requests that 100 percent. of the actual cost of the Improvement Project be assessed against the Property. -- 4 �Mr(rr" A � fg1- LeiB elf and for er--S sso""gnin titl t9- thg- Px�P,e#y waives notice of hearing and hearing pursuant to Minn.. Stat. § 429.031, on the Project, and the notice of hearing and hearing on the special assessments levied to finance the Project pursuant to Minn. Stat. § 429.061 and specifically requests .that as to it, the Project be undertaken and special assessments be levied against.the Property without hearings: 5. McCarthy for herself and her successors and assigns waives the right to appeal the levy of special assessments in accordance with this. Agreement pursuant to Minn. Stat. § 429.081„ or reapportionment thereof upon land division pursuant to Minn. Stat, § 429.071, Subd. 3, or otherwise; and further specifically agrees with respect to such special assessments against the Property that; a) . any requirements of Minn. Stat. Chapter 429 with which the City does not comply are hereby waived by McCarthy; b) the increase in fair market value. of the Property as a whole resulting from the Improvements will be in an amount at least equal to the total cost of the Project assessed to the'Property, and that such increase in fair market value is a special benefit resulting form the Project; C) assessment of 100 percent of the actual cost of the Improvement Project against .the Property as outlined above is reasonable, fair and equitable and there are not other properties against which such costs should be assessed; and d) it is the intention of the City to provide for the payment of such special assessments in five annual installments, with interest at the annual rate of 8% JBD- 272005v5 -392- commencing in 2007. i e) In the Event McCarthy sells the Property, or pledges the Property as security for any loan, the remaining principal amount of the assessment and all accrued interest will immediately become due and payable. 6. Right of Entry. a) Effective upon the date hereof, McCarthy hereby grants to City, its agents, employees, contractors and invitees the right to enter upon the Property; for the purpose of making and installing thereon all of the improvements required by it to be installed on the Property to accomplish the Project and for the further purpose of storing materials, b) . The right of entry shall expire on the earliest of the date the Project is c. ompleted _or.six =nth.from.the.tlate.of his_Agreement. _.... C) In consideration for such right of entry, City agrees: (i) to use the Property only for the purposes described herein; (iii_ to fin na tna -& Prnper-ty_ .d-r-c�r-e-4he_ Property to substantially the same condition as the condition in which it was found by City at the time of City's entry upon the Property pursuant to this Agreement (except for the addition of the installed improvements). (iii) to hold McCarthy harmless from and indemnify her from any and all claims, damages, judgments or obligations, including the cost of defense of suit, arising out of liens placed on the Property (except for the lien of the special assessment provided under this Agreement), damage to Property or injury to anyone incurred or alleged to have been incurred in connection with or as a result of any work done pursuant to this Right of Entry, .or as a result of City's intentional torts or negligence. This covenant will.not apply to any conduct by McCarthy, her agents, contractors or employees which alter any of the work performed by the City under this Agreement. 7. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of McCarthy and shall run with the land and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Hennepin County, Minnesota and they agree to make any changes to this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Property. 8. This Agreement shall terminate upon the final payment of all special assessments levied against the Property regarding the Improvement and the City shall execute and deliver J &D- 272005v5 -393- such documents, in recordable form, as are necessary to extinguish the rights hereunder.. 9. Nothing.. in this Agreement shall be deemed to obligate McCarthy to payment of an assessment in excess of 120% of the estimated cost contained above, or the actual cost of the Project, whichever is less, plus interest. - 10. McCarthy agrees that she will not permit or allow the removal or alteration of the fencing or guard railings that are installed as part of the work described in Exhibit B. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. _T =EMOFMOUND, Its :City.Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was :acknowledged ,before, me this day of 2006, by and respectively, the City Manager and Mayor of the City of 'Mound, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. Notary Public JBD- 2.72005v5 -394- STATE OF MINNESOTA } ( �-- )SS. COUNTY OF } The foregoing inst went was acknowledged before me this day of 2006, by June L: _McCarthy, a single person, as her free act aad deed:: JBD- 272005v5 -395- That part of Government Lot 5 in Section 23, Township 117, Range 24, Hennepin County, Minnesota, lying Easterly of Halstead Bay and lying Southerly of a line drawn parallel-with the line of said Government 5. of the intersection of the .East line of said Government.. Lot 5. and.. - _. the Nortli line o :State Highway No. 110, described as follows: fhe :above described tract of'.land -lying Noortheasterly of "Line` 1" —and - -` Southwesterly of "Line 2'', said lines described as follows: "Line l ": Commencing at the found Hennepin`County Reference Monument located on the South line of said Government Lot 5; thence on an assumed bearing of North 87 degrees 48 minutes 20 seconds West, long the Sou -line o said overnment Lot 5, a distance of 59.27 feet; thence Northeasterly a distance of 301.40 feet along the are of a non - tangential curve concave to the Southeast, having.a radius of 840.00 feet, a:central angle of 20 degrees 33 minutes' 29 seconds, and the chord of said curve is 299.78 feet in length and bears North 45 degrees 18 minutes 30 seconds East; thence North 55 degrees 35 minutes 15 seconds East along a line tangent to the last above described curve a distance of 19.82 feet to the actual point of beginning of said "Line 1" to be. described; thence North 44 degrees 33 minutes 52 seconds, West a distance of 35 feet more or less to the shoreline of Halstead Bay of Lake Minnetonka; thence South 44 degrees 33 minutes 52 seconds East a distance of 308 feet more or less to the shoreline of Priest Bay of Lake Minnetonka and there terminating. "Line 2 ":. Commencing at the found Hennepin. County Reference Monument located on the South line of said Government Lot 5; thence on an assumed bearing of North 87 degrees 48 minutes 20 seconds West, along the South line of said Government Lot 5, a distance of 59.27 feet; thence Northeasterly a distance of 301.40 feet along the are of a non- tangential curve concave to the Southeast, having a radius of 840.00 feet, a central angle of 20 degrees 33 minutes 29 seconds, and the chord of said curve is 299.78 feet in length and bears North 45 degrees 18 minutes 30. seconds East; thence North 55 degrees 35 minutes 15 seconds East, along a line tangent to the last above described curve, a distance of. JBD- 272005v4 MU220 -5 A -1 -396- I 178.27 feet to the actual point of beginning of said "Line 2" to be described; thence North. 33 degrees 56 minutes 4 seconds West a distance of 35 feet more or less to the shoreline of Halstead Bay of Lake Minnetonka; thence South 33 degrees ,56 minutes 4 seconds East a, distance of 260 feet more or less to the shoreline of Priest Bayof Lake Minnetonka an d -fhere terminating: Subject to an easement for County Road No. 44 lying 33 feet Northwesterly and 33 feet Southeasterly of the following described line: Commencing .at` the found Hennepin County Reference Monument located on the South line of said Government Lot 5; thence on an assumed bearing of North 87 degrees 48 minutes 20 seconds West, along the South line of said -- the are of .a non- tangential curve concave to the Southeast, having a radius of 840.00 feet, a central angle of -20 degrees 33 i 69'29F seconds, and the chord- "of said curve is 299.78 feet,in length and bears North 45 degrees 18 minutes 30 seconds East; thence North 55 degrees 35 es -15-se oms-East- a-ong-a m- tangent-to -th-u- last-- abov- e- d- Lmilsed- curv-e�3ist�ce ofm not --- -_� - -` 19:82 feet to the actual point of beginning of the line to be .described; thence continuing North 55- degrees 35 minutes 15 seconds East, a distance of 158.45 feet and there terminating- The-.sidelines of said easements are to be lengthened or shortened to intersect "Line I" and "Line 2 ". Also subject to an easement for watermain purposes over under and across a strip of land.5 feet Southeasterly and adjoining the Southeasterly right of way line of County Road No. 44. Together with an easement for ingress egress drainage, and utilities over and across a strip of land lying 10 feet Southeasterly and 10 feet Northwesterly of the following described line: Commencing at the point of beginning of "Line 2" described above; thence South 33 degrees .56 minutes 4 seconds East along said "Line 2" a distance of 49.8 feet to the actual point of beginning of the line to be described; thence North 43 degrees 14 minutes 7 seconds East a distance of 79.20 feet more or less to the Southeasterly right of way of County Road No. 44 and there terminating. The sidelines of said easement are to be lengthened or shortened to intersect said "Line 2" and the Southeasterly right of way line of said County Road No. 44. JaD- 272005v4 MU220 -5 A -2 -397- JBD- 272005v4 MU220 -5 B -1 PIt A' -398- �,. Executive Summary Hoisington Koegler Group Inc. ©® TO: Mound City Council, Planning Commission and Staff FROM: Rita Trapp, Consulting City Planner DATE: February 1, 2006 SUBJECT: PC Case #05 -67 1774 Heron Way Minor Subdivision The Planning Commission reviewed this case at their January 9th meeting where a motion for approval of the minor subdivision was recommended. Both Staff and Planning Commission are recommending approval of the request. Members of the Council are advised that a resolution based on the Planning Commission's recommendation to approve the minor subdivision has been prepared. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax(612)338 -6838 -399- RESOLUTION # 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING A MINOR SUBDIVISION FOR THE PROPERY LOCATED AT 1774 HERON LANE P & Z CASE # 05-67 PID # 13- 117 -24 -14 -0001 & #13- 117 -24 -14 -0002 WHEREAS, the applicant, Lawrence Pebbles, has submitted a request for a minor subdivision to create a new buildable parcel from the existing lot of record; and, WHEREAS, the property is located on Heron Lane between Sparrow Road and Summach Lane. The property includes four lots of Block 3 of the Linden Heights Addition. The Zoning is R-1 A, Single Family Residential; and, WHEREAS, according to Hennepin County data the property currently has a residence which was built in 1920; and, WHEREAS, the applicant proposes the following development standards for the parcels labeled as "A" and "B" on the survey: X11 Variance ft. - Proposed Required Parcel A Lot Area 10,000 sq. ft. 6,000 sq. Lot Width 62 feet 40 feet Lot Depth 159 feet 80 feet Sideyards 10 feet 10 feet Frontyard 20 feet 20 feet Rearyard 20 feet 15 feet Lake Setback 50+ feet 50 feet X11 Variance ft. - Parcel 8 Lot Area Lot Width Lot Depth Sideyards Frontyard Rearyard Lake Setback ; and, 9,500 sq. ft. 6,000 sq. ft. 55 feet 40 feet 103 feet 80 feet 10 feet 10 feet 20 feet 20 feet 20 feet 15 feet 50+ feet 50 feet WHEREAS, the proposed minor subdivision meets all applicable zoning minimums for lot and bulk standards; and, WHEREAS, the minor subdivision would create a new parcel triggering additional sanitary sewer and watermain trunk charges which must be paid in connection with sewer and water connection fees; and, WHEREAS, the minor subdivision would create a new parcel, triggering park dedication fees of $1,100 for the newly created lot (Section 330.120 Subd. 3); and, WHEREAS, the Planning Commission has reviewed the application and recommended approval of the minor subdivision with conditions; and, WHEREAS, Staff has reviewed the application and recommended approval of the minor subdivision with conditions; and, NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby approve the minor subdivision as requested by the applicant with the following conditions: 1. The City does hereby approve the minor subdivision request with the following conditions: a. The lots have a non -lot of record status. b. The lots do not have abutting dock status. c. The City Engineer review grading and drainage easements and plans prior to building permit approval which shall be submitted in a form so as to allow recording at Hennepin County. d. Applicant shall be responsible for providing all existing /proposed legal description information in electronic form to City of Mound. e. Hardcover be limited to 30 %. If pervious pavers are used to meet this requirement, the installation shall be by a commercial contractor. An as- built survey shall be submitted for all areas where pervious pavers were used to certify that the installation was done according to the submitted plan. This as -built survey shall be signed by professional engineer. Staff suggests the applicant contact the manufacturer of the pervious paver -401- product to determine what inspections will be required to provide for "sign -off' on the as -built survey by the manufacturer. Applicant should be advised that inspection(s) at specific intervals may be required. f. Installation of utilities prior to the issuance of building permit or provide financial guarantee to cover the cost of utility service connections prior to the release of the Resolution for recording. g. Locations of water and sewer services to be approved by Mound Public Works department. h. Curb, gutter and streets which are disturbed because of construction including, but not limited to, installation of the water service, sewer service and small utilities, shall be replaced. i. Payment of sanitary sewer and watermain trunk charges of $1,500.00 each respectively for Parcel B prior to the release of the resolution. j. Payment of sanitary sewer and water connection fees of $240.00 each respectively for Parcel B. k. Park dedication fee of $1,100.00 be paid prior to the release of the Resolution for recording. I. Payment of any City fees for review of the minor subdivision application. m. Drainage and utility easements, as required by the City Engineer, shall be provided by the applicant and shall be submitted in a form so as to allow for recording at Hennepin County and shall be subject to review and approval by the City. n. No future approval of any development plans and /or building permits is included as parts of this land use action in the event the minor subdivision is approved. o. Applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. p. 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. 2. The minor subdivision is approved for the following legally described property included on Exhibit A as stated in the Hennepin County Property Information System. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: -402- Adopted February 14, 2006 Attest: City Clerk Pat Meisel, Mayor -403- Exhibit "A" Proposed Legal Descriptions: Parcel A: That part of Lots 2, 3, and 4, Block 3, Linden Heights Addition, which lie westerly of a line 62.85 feet easterly of, measured at a right angle to, and parallel with the westerly line of said Lots 3 and 4. Parcel B: That part of Lots 1 and 2, Block 3, Linden Heights Addition, which lie easterly of a line 62.85 feet easterly of, measured at a right angle to, and parallel with the westerly line of Lots 3 and 4, said Block 3. m• MOUND ADVISORY PLANNING COMMISSION January 23, 2006 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Ory Burma, Becky Glister, Cklair Hasse, David Miller, Michael Mueller and Dave Osmek. Absent and Excused: ; Staff present: Community Development Director Sarah Smith, Planning Consultant Rita Trapp, City Attorney John Dean and Recording Secretary Jill Norlander. The following individuals were present: Mark Gronberg CASE #05 -67 MINOR SUBDIVISION 1774 HERON LANE LARRY PEBBLES �.. Applicant has submitted an application for a minor subdivision to create 2 parcels. No i variances are requested. Staff recommends approval of the minor subdivision request with the following conditions: 1. The lots have a non -lot of record status. 2. The lots do not have abutting dock status. 3. The City Engineering review grading and drainage easements and plans prior to building permit approval which shall be submitted in a form so as to allow recording at Hennepin County. 4. Applicant shall be responsible for providing all existing /proposed legal description information in electronic form to the City of Mound. 5. Hardcover shall be limited to 30 %. If pervious pavers are used to meet this requirement, the installation shall be by a commercial contractor. An as -built survey shall be submitted for all areas where pervious pavers were used to certify that the installation was done according to the submitted plan. This as -built survey shall be signed by professional engineer. Staff suggests the applicant contact the manufacturer of the pervious paver product to determine what inspections will be required to provide for "sign -off' on the as -built survey by the manufacturer. Applicant should be advised that inspection(s) at specific intervals may be required. 6. Installation of utilities or provide financial guarantee to cover the cost of utility service connections prior to the release of the Resolution for recording. 7. Locations of water and sewer services to be approved by Mound Public Works -405- department. 8. Payment of sanitary sewer and watermain trunk charges of !,500 each respectively for Parcel B prior to release of resolution. 9. Payment of sanitary sewer and watermain connection fees of $240 each respectively for Parcel B prior to release of resolution. 10. Park dedication fee of $1,100 be paid prior to the release of the Resolution for recording. 11. Payment of any City fees for review of the minor subdivision application. MOTION by Mueller, seconded by Osmek, to recommend Council approve the subdivision with staff recommendation. MOTION carried unanimously. Finding of fact: This subdivision meets current code. No discussion of the DNR flexibility request should be included in the resolution. 91- 5341 Maywood Road, Mound, MN 55364 Phone 952- 472 -0600 FAX 952 - 472 -0620 MINOR SUBDIVISION APPLICATION Application Fee and Escrow Deposit required at time of application. PLANNING COMM. DATE CASE NO. CITY COUNCIL DATE: �� Please type or print clearly t 'S'06 G� OF MOUND EXISTING Subject Address XX X ` r\ r-� CE, 1s .Z PROPERTY LEGAL Lot 5 i" i' L Block 5 Subdivision DESCRIPTION PID# 1.327251 -Y"60e) f 3i2 W:�/ e-ie!>c' zone APPLICANT The applicant> is: _owner ,other. Name__ jl�C147— Address 2/� 2� ^ 2�., %�W �VAF Phone Home I.W �l 2; 7 7 i.2 Work Fax 412 R? -0—%0 OWNER (if other than applicant) Name IVIQiI,Plil " hwl_�5 e64V ?'Z' Address i7 � /� c �l .JQ�1%f' t i% mrJ Phone Home Work Fax SURVEYOR/ ENGINEER Name IQI( -g: — y� Address Ac0 -�& L A 1-� Phone Office `�s2 ' �j ��� Cell Fax Has an appli tion ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( )ye !Pno. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Application must be signed by all owners of the subject property, or explanation given why th J7fiVffl_tVee case. I certify that all of the statements above and statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the information provided and that I am responsible for all c incurred by the City related to the processing of this application. I consent to the entry in or upon the prem' es d in this app icatio ny authorized official of the City of Mound for the purpose of inspecting, or of po ng, m ining and r y i�y ices as may be required by law. .Signature Signature Minor Subdivision Information (8/16/2005) Page 4 of 4 -407- Date Date w O r w ir D N O w f-- a U F- Ci w U in z a Z 0 m m V) x O 0 w O IL O a „W44 7 1 3N pp 5e \\ 8i ti / w $ \\ Z Z \ \\ °o ro \ i dl W \ 3 \ r I M E- co U w i = ��j I • a OK gd &�'a /��1 R II `, �d� 1 ss i W / p s st uj W =O i i4L53 q" N08 °�0� /,1, /f'��'y"�'iRbVEI�ED \ \ °1 m N' O $ op E � � islif g z Y £ Ys 8 €� °.F�b h g i mg .b gs 8� i9gE b iO m N' O 0 Q O W Z Z w D rd MW n W z Z W Z r- i/ /j r / tiQ Q m � o� / � H / Of W, mac % oz �/ w/ CL � o W OJy \\ \ N \ b \ y \ rA let \ 0 \ �\ LL EXISTtNG'; se 10 BE RE s \ I 11 �5 1 \� I 10 iED StDE`Na -K � W °• to �: 0 :D zz•o � O= y / tflw y'- �' °ZII a. 0 F- / / 00. \ r u N }, / J1 2° iA p 0 (ZD \I Ro m .e /Z �s 111 �tMJ CL J ` \ 1 U� I o �F w � 1 I wz r I 1 1 1 I I I I� I I� c �I II I� I I' I I 1 1 1 1. .gE1BA OHW I FROM / / 67.40 11 \\ \\ /t4 OBOLh -409- L E CITY OF MOUND ORDINANCE NO. —2006 AN ORDINANCE AMENDING SECTION 300 OF THE CITY CODE AS IT RELATES TO THE BUILDING CODE AND AMENDING SECTION 920 OF THE CITY CODE AS IT RELATES TO OFFENSES AGAINST PUBLIC HEALTH AND SAFETY The City of Mound does ordain: Subsection 300.10, BUILDING PERMITS, APPLICATIONS, of the Mound City Code is hereby amended to add a new Subdivision 5 C as follows: 300.10 Building Permits, Application Subd. 5. Construction Completion A. All exterior construction and site grading must be completed in a manner to avoid a public nuisance as defined in City Code Chapter 100.15(a). B. Construction and grading that has become a public nuisance is subject to abatement under City Code Chapter 100.25. (ORD. 13 -2005, 8/21/05) C. All construction activity working hours shall be subject to City Code Chapter 920.15. Subsection 920.15 (Noise in Residential Areas) of the Mound City Code is hereby amended to add Subdivision 3 and Subdivision 4 as follows: 920.15 Noise in Residential Areas. Subd. 1. No person shall, between the hours of 10:00 P.M. and 7:00 A.M., congregate because of or participate in any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. No person shall visit or remain within any residential dwelling unit wherein such party or gathering is taking place except persons who have gone there for the sole purpose of abating the disturbance. A police officer may order all persons present, other than the owners or tenants of the dwelling unit, to immediately disperse in lieu of being charged under this ordinance. Owners or tenants of the dwelling unit shall immediately abate the disturbance and if they do not abate the disturbance they shall be in violation of this ordinance. (ORD. #16 -1988 - 11 -7 -88) -410- Subd. 2. No person shall, between the hours of 10:00 P.M. or 7:00 A. M., create, cause, generate or reproduce a noise or sound of a sufficient volume so as to disturb the peace, quiet or repose of a person or persons residing in any residential area. (ORD. 55 -1992 - 3- 23 -92) Subd. 3. Construction activitv on anv residentialiv zoned property, no person shall engage in, permit, or allow construction activities involving the use of manual tools, movement of equipment or power equipment, including, but not limited to, any kind of electric, diesel, or gas- powered machine, at any time other than between the hours of 7:00 a.m. and 9:00 D.M. on weekdays. and 8:00 a.m. and 9:00 p.m. on public holidays, Saturdays and Sundays. Subd. 4 All construction activitv within the public right of wav within the city limits of Mound shall be conducted between the hours 7:00 am and 7:00 pm on week days, 8:00 am and 5:00 pm on Saturdays. No construction activitv is allowed on Sundays except in the case of an emergency. Passed by the City Council this 14 th day of February, 2006. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk Published in The Laker the day of , 2006. Effective the day of , 2006. -411- CITY OF MOUND ORDINANCE NO. -2006 AN ORDINANCE AMENDING SECTION 380 TO THE MOUND CITY CODE AS IT RELATES TO ESTABLISHING LAND USE FEES FOR THE CITY OF MOUND The City of Mound does ordain: Section 380 ESTABLISHMENT OF LAND USE FEES, is hereby amended in the City Code to read as follows: City Code Chapter Description 375.00 Erosion Control Escrow Deposit Passed by the City Council this 14th day of February 2006 Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk Published in the Laker on the day of , 2006. Effective on the day of , 2006. -412- Fee $590 1000 CITY OF MOUND ORDINANCE NO. —2006 AN ORDINANCE AMENDING SECTION 375 AS IT RELATES TO GRADING, SOIL EROSION, SEDIMENTATION CONTROL AND STORMWATER MANAGEMENT The City of Mound does ordain: Subsection 375.10, Grading, Soil Erosion, and Sedimentation Control, of the Mound City Code is hereby amended as follows: 375.10 Grading, Soil Erosion, and Sedimentation Control. Subd. 4. Grading and Erosion Control Plan A. A satisfactory erosion control and grading plan consistent with the City of Mound Surface Water Management Plan (Appendix J and other sections as applicable) and the Minnesota Pollution control Agency's Best Management practices handbook, "protecting Water Quality in urban areas," as amended, must be approved by the City Engineer before a building permit is issued for construction, if the construction will result in disturbing the soil. To guarantee compliance with the plan, a five hundFed dollar ash escrow as established by City Code Section 380. Establishment of Land Use Fees 8F letteF of weds* satisfactory to the City, shall be furnished to the City before a building permit is issued. The maximum escrow required of an individual builder or subdivider, regardless of the number of building permits that have been issued to the builder or subdivider, is ten thousand dollars ($10,000.00). The City may use the essrew the le**er Of GFedi* to reimburse the City for any labor or material costs it incurs in securing compliance with the plan or in implementing the plan. if the -Q C-1 P-44 A; A- AM thP PIRACAW funds, Re additiGRal building peFmits Ghall be issued uAtil The City shall endeavor to give notice to the owner or developer before proceeding, but such notice shall not be required in an emergency as determined by the City. Adopted by the City Council this 14th day of February, 2006. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk Published in The Laker the day of , 2006. Effective the day of , 2006. -413- CITY OF MOUND ORDINANCE NO. —2006 AN ORDINANCE AMENDING SECTION 330 OF THE CITY CODE AS IT RELATES TO PLATTING AND SUBDIVISION REGULATIONS The City of Mound does ordain: Subsection 330.130 (Subdivision Ordinance), Subdivision 13 (Driveways) of the Mound City Code is hereby amended as follows: Subd. 13. Driveways. In all subdivisions, the sub - divider shall provide concrete or bituminous driveways in accordance with the following standards: There shall be installed a concrete or bituminous driveway extending from the back of the curb or from the edge of the service street to the garage floor or garage floor apron for each land r lanes -of vehicular access to the street. If a building permit is issued and no garage is to be constructed, the concrete or bituminous driveway must be completed to the depth of the front yard setback as established in the Zoning Code of the City. No residential curb or driveway opening into any public street shall be made unless the aforesaid construction of concrete or bituminous apron is installed in accordance with the preceding paragraph. No driveway shall be less than 10 feet in width or more than 2$ 24 feet in width without special approval from the City Council. All concrete or bituminous driveways shall be constructed in accordance with the City specifications. Adopted by the City Council this 14th day of February 2006 Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk Published in The Laker the day of , 2006. Effective the day of , 2006. -414- 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MA T 161' �Illl 16 To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: February 2, 2006 Re: Comprehensive Plan Update — HKGi contract proposal Summary. As the City Council is aware, the City is required to update its comprehensive plan by September 2008 for consistency with Metropolitan Council requirements and state statute. Attached for your review and consideration is a contract proposal from HKGI, the City's planning consultant, to assist with the project. Additionally, a proposed schedule has been prepared. Discussion. 1. The comprehensive plan update project was included in the 2006 planning budget. 2. The proposed contract was reviewed by the City Attorney. 3. The proposed schedule was preliminarily discussion with PC Chair Geoff Michael. 4. The City Council is advised that a 2005 revision to state rules now requires a 6- month review period for adjacent governmental units and agencies with overlapping jurisdictions. Recommendation. Staff recommends approval of the contract with HKGI for preparation of the update to the Mound Comprehensive Plan. -415- January 31, 2006 Kandis Hanson City of Mound 5341 Maywood Blvd. Mound, MN 55364 Re: 2008 Comprehensive Plan Update Dear Ms. Hanson: This letter outlines a Scope of Services, Fee Schedule and other elements which together constitute an agreement between the City of Mound, hereinafter referred to as the CLIENT, and Hoisington Koegler Group Inc., hereinafter referred to as the CONSULTANT for professional planning services for the 2008 Comprehensive Plan Update, hereinafter referred to as the PROJECT. The CLIENT and CONSULTANT agree as set forth below: A. BASIC SERVICES The CLIENT and the CONSULTANT may, by mutual consent, alter the basic services if such changes do not result in compensation due to the CONSULTANT in excess of the amount stated in Section C. The CONSULTANT'S basic services for the PROJECT are: Task 1 Organize the Effort The purpose of this task is to orient the various participants in the planning process and begin the task of collecting and assembling data. Organizing the effort involves refining the work scope, identifying a project schedule, developing a communications strategy and orienting the Planning Commission to their role in the planning effort. Tasks include: 1.1 Staff Meeting to finalize work scope, communications strategy and project schedule. 1.2 Planning Commission Orientation Meeting. Task 2 Define the Context and Confirm the Vision Comprehensive Planning requires a thorough understanding of the physical, economic, social and natural forces of a community, as well as knowledge of Metropolitan Council, Minnesota State Statutes and other regional /state policies and requirements. This task will include assembling and analyzing existing City plans; historical demographic information; population, household and employment projections; housing stock information; and GIS mapping. It also will involve identifying current Comprehensive Plan policies which need to be brought into conformance with regional and state requirements. Tasks include: 2.1 Assembling and reviewing of historical demographic information, housing supply data and population, household and employment projections. -416- 2.2 Assembling GIS mapping, including existing land use, transportation, parks and infrastructure. 2.3 Review current Comprehensive Plan policies to determine consistency with Metropolitan Council's 2030 Regional Development Framework, recent legislative changes and regional goals supported by the City of Mound. 2.4 Planning Commission Meeting to present information gathered and confirm existing Comprehensive Plan's Goals and Policies. Task 3 Explore Land Use and Housing This task will focus on identifying and evaluating concepts that address future community development in Mound. Using the information generated in Task 2, future land use analysis will be conducted to address development of the remaining vacant portions of the community, as well as redevelopment opportunities. Staff meetings with property owners in key redevelopment areas will be used to gather information for the Planning Commission. The analysis will include an examination of densities to address the Metropolitan Council's forecasts and density targets. The existing housing plan will be updated to address housing programs to be used to meet identified local and regional goals, the impact of local controls on housing supply and cost, and local fiscal devices to be used with other available tools to facilitate housing consistent with needs identified in the plan. The solar access and historic preservation elements of the Comprehensive Plan will be reviewed and updated as necessary. Tasks Include: 3.1 Conduct two meetings with .property owners in key areas of the City to explore future land use. Consolidate information to present to the Planning Commission. 3.2 Conduct two Planning Commission Meetings to identify, discuss and reach consensus on future land use concepts for vacant and redeveloping areas of the community. 3.3 Conduct one Planning Commission Meeting to review and update the housing plan, as well as review solar access and historic preservation components of the Plan. 3.4 Joint Planning Commission/City Council Workshop to confirm direction on Comprehensive Plan Goals, Policies and Land Use Plan. Task 4 Parks and Open Space Mound's Park and Open Space Advisory Committee will review and provide input to the update of the Recreation section of the Current Comprehensive Plan. The section will be updated to reflect household and user projections for 2030, as well as to reflect current policies and directions in the 2030 Regional Development Framework. The five -year capital improvement program will also be updated. Tasks Include: 4.1 Conduct two meetings with the Parks and Open Space Advisory Committee to review current Recreation Section and Metropolitan Council direction, as well as discuss recommended changes. Task 5 Transportation The transportation section of the Mound Comprehensive Plan will be updated to correlate land use information along with household and employment projections in order to assess future impacts on local roadways and metropolitan highways. The transportation plan will encompass existing and planned modes of transportation, both public and private, including highways and roads; transit; passageways for non - motorized vehicles; freight movement and aviation. The plan will provide an allocation of households and employment by Traffic Analysis Zones (TAZ). Mapping will be developed depicting volumes and functional classifications. City of Mound — Hoisington Koegler Group, Inc. Contract for Services for 2008 Comprehensive Plan Update -417- January 31, 2006 Page 2 Tasks Include: 5.1 Allocation of socio- economic forecasts by Traffic Analysis Zones (TAZ). 5.2 Preparation of a highway and roads plan that maps and describes existing roads and planned improvements, analyzes traffic volumes, addresses safety and capacity issues. 5.3 Preparation of alternative modal plans including bikes and pedestrians; transit and aviation. 5.4 Presentation of Parks and Open Space and Transportation Sections to Planning Commission. Task 6 Water Resources Management The Water Resources Management section encompasses sanitary sewer, water supply and surface water management. The City of Mound is completely served by sanitary sewer. The sewer plan element of the Comprehensive Plan will correlate sewer capacity with adopted community household and employment forecasts. Mapping of the existing system will be included in the plan and where future growth will occur, means and methods of providing sanitary sewer service will be identified and mapped. This task will also include incorporating the City's goals, policies and strategies for preventing and reducing excessive infiltration and inflow (I /I) into the local sewer system. The update of the water supply section of the Comprehensive Plan will incorporate components of the separate water supply plan that will be prepared to meet the requirements of both the Metropolitan Council and the Minnesota DNR. The water supply plan will be updated to reflect household and user projections for 2030, as well as updated guidelines released in 2005. Mound's existing Surface Water Management Plan was adopted in 2000. This plan will need to be reviewed against the policies and required elements of Metropolitan Council's Water Resources Management Policy Plan and any inconsistencies addressed through a revision of Mound's plan. The plan will be updated as necessary with the assistance of the City Engineer. Tasks Include: 6.1 Update the existing sewer section of the Comprehensive Plan to correlate sewer capacity with adopted community household and employment forecasts; summarize components of the separately prepared Comprehensive Sewer Plan (CSP); and incorporate policies and strategies for preventing and reducing excessive infiltration and inflow (I /I) into the local sewer system. 6.2 Modify the existing water supply section of the Comprehensive Plan to incorporate components of the Water Supply Plan separately prepared to meet the requirements of Metropolitan Council and Minnesota DNR. 6.3 Modify Mound's Local Surface Management Plan as needed to meet Metropolitan Council's Water Resources Management Policy Plan and statutory requirements. Task 7 Implementation Section This section will be updated and expanded to ensure that it addresses local programs, fiscal devices and other actions to implement the comprehensive plan, including official controls, a capital improvement program, housing implementation program, and other programs that the community will undertake to implement the plan. Impacts of administrative procedures as well as consistency between the comprehensive plan and the zoning ordinance will be addressed. Tasks Include: 7.1 Update existing Comprehensive Plan to reflect actions needed to implement preceding sections. 7.2 Presentation of Water Resources Management and Implementation Sections to the Planning Commission. City of Mound — Hoisington Koegler Group, Inc. January 31, 2006 Contract for Services for 2008 Comprehensive Plan Update Page 3 Task 8 Prepare the Plan and Seek Approvals of the Final Plan. This task includes assembling a complete draft of the Comprehensive Plan. It also involves review of the Plan by all those who have been involved throughout the process with final approval by the City Council. While public participation will be encouraged at all Planning Commission, Park and Open Space Advisory Committee and City Council meetings, a public hearing will be held at the conclusion of the process. Tasks Include: 8.1 Assembling of a complete draft of the Comprehensive Plan. 8.2 Present Plan to Park and Open Space Advisory Committee for review and recommendation. 8.3 Conduct Planning Commission Meeting to review draft document and identify any revisions. 8.4 Conduct a Public Open House at Planning Commission Meeting. 8.5 Present Plan to City Council for final approval. 8.6 Preparation of Plan for review by adjacent communities and school district 8.7 Compilation of one final, reproducible Comprehensive Plan Document. B. ADDITIONAL SERVICES The CONSULTANT and the CLIENT may agree in writing to amend this Contract for additional services related to the PROJECT and compensation for such services. The following services have not been requested by the CLIENT but are available upon written authorization. 1. Meetings in addition to those specified in Paragraph A above. 2. Services or Deliverables not specifically identified in Paragraph A above. C. FEES FOR PROFESSIONAL SERVICES The CONSULTANT agrees to complete the scope of work contained in Paragraph A in exchange for professional fee compensation as noted below. The CLIENT agrees to pay the CONSULTANT for services rendered as follows: 1. For the CONSULTANT'S Basic Services described in Paragraph A above, a fee based on the CONSULTANT'S current hourly rate schedule (see Attachment A) not to exceed thirty-five thousand dollars ($35,000), including reimbursable expenses. For the CONSULTANT'S Additional Services described in Paragraph B, a fee based on the CONSULTANT'S current hourly rate schedule plus incidental expenses or a negotiated fee. 3. Statements will be submitted to the CLIENT on a monthly basis as work is completed and shall be payable within 30 days in accordance with this Agreement. 4. The CONSULTANT reserves the right to suspend services if the CLIENT is delinquent in making payments in accordance with this Agreement. D. CLIENT'S RESPONSIBILITY The CLIENT shall be responsible for the following: City of Mound — Hoisington Koegler Group, Inc. January 31, 2006 Contract for Services for 2008 Comprehensive Plan Update Page 4 -419- 1. Assembly of background information including, but not limited to paper and/or digital copies of all former comprehensive plans, aerial photographs, base maps, inventory data, U.S. Census information, traffic and transportation information and available CAD mapping, limited to those that are reasonably available. 2. Mailing lists, printing, postage and the mailing of invitations for property owner and public meetings. 3. Arrangements for property owner and public meetings. 4. Reproduction of all packet materials and interim reports for distribution as deemed necessary. E. INSURANCE CONSULTANT shall maintain insurance as follows at all times during the term of this Agreement: Statutory workers compensation and employers' liability insurance coverage. Comprehensive general liability insurance coverage and automobile liability insurance coverage in the sum of not less than $1,000,000 per policy. F. COMPLETION SCHEDULE The services of the CONSULTANT will begin upon CLIENT approval and will, absent of causes beyond the control of the CONSULTANT, be completed within twelve (12) months from notice -to- proceed date. At the beginning of the PROJECT, the CONSULTANT will prepare an overall PROJECT schedule identifying meetings, task completion dates, etc. The CONSULTANT will continually update the PROJECT schedule throughout the course of the work. G. SUB - CONSULTANTS To complete aspects of the PROJECT as described in Paragraph A, the CONSULTANT shall make separate agreements with other qualified firms as directed by the CLIENT. The CONSULTANT shall coordinate the work of Sub - Consultants as part of the work of the PROJECT. The CONSULTANT shall not remove the involvement of identified firms or add the involvement of unmentioned firms without written consent from the CLIENT. H. NONDISCRIMINATION The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. I. EQUAL OPPORTUNITY During the performance of this Contract, the CONSULTANT, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, City of Mound — Hoisington Koegler Group, Inc. January 31, 2006 Contract for Services for 2008 Comprehensive Plan Update Page 5 -420- shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT shall post in conspicuous places available to employees and applicants for employment notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The CONSULTANT shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The CONSULTANT shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. J. INDEMNIFICATION CLIENT agrees to indemnify, defend and hold CONSULTANT harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the PROJECT and/or this Agreement; except that the CONSULTANT shall not be entitled to indemnification to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by CONSULTANT's negligent errors or omissions. K. TERM, TERMINATION. SUCCESSORS AND /OR ASSIGNS 1. The Term of this Agreement shall be concurrent with the work authorized and shall be in accordance with the schedule to be established between the CLIENT and the CONSULTANT. 2. Either party may terminate this Agreement by written notice to the other party at its address by certified mail at least ten (10) days prior to the date of termination. 3. Neither the CLIENT nor the CONSULTANT shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. 4. The time schedule shall not apply and/or time extensions will be allowed for any circumstances beyond the control of the CONSULTANT. 5. This Agreement shall be governed by all applicable laws. 6. Upon termination, Consultant shall be entitled to fees earned through the effective date of termination. L. DISPUTES In the event the CLIENT and CONSULTANT are unable to reach agreement under the terms of this contract, disputes shall be resolved using alternative dispute resolution (ADR). M. REVOCATION City of Mound — Hoisington Koegler Group, Inc. January 31, 2006 Contract for Services for 2008 Comprehensive Plan Update Page 6 -421- If this agreement is not signed and accepted by both parties within 90 days of the contract date, it shall become null and void. N. AUTHORIZATION IN WITNESS WHEREOF, The CLIENT and the CONSULTANT have made and executed this Agreement for Professional Services, This CLIENT City of Mound Name Witnessed by: Name day of , 2006. CONSULTANT Hoisington Koegler Group Inc. R. Mark Koegler, President Title Title Paul E. Paige, Vice President City of Mound — Hoisington Koegler Group, Inc. Contract for Services for 2008 Comprehensive Plan Update -422- January 31, 2006 Page 7 ATTACHMENT A HOISINGTON KOEGLER GROUP INC. 2006 HOURLY RATES Senior Principal ............................... ............................... $130- 150/hr Principal............................................ ............................... $100- 130/hr Senior Professional ........................ ............................... $120- 145/hr Professional III ................................... ............................... $80- I10/hr ProfessionalII ..................................... ............................... $65 -80/hr ProfessionalI ...................................... ............................... $50 -65/hr Technical.............................................. ............................... $35 -55/hr Secretarial.................................................. ............................... $50/hr Testimony................................................. ............................... $175/hr Construction Administration .......................... .................. $100/hr Incidental Expenses: Mileage................................................ ............................... 48.50 /mile Photocopying............. ............................... ............................150 /page Outside Printing ............................. ............................... Actual Cost Diazo Printing ................................. ............................... Actual Cost DraftPlots ................. ............................... ..........................$5.00 each VellumPlots ..................................... ............................... $10.00 each Color Plot's ....................................... ............................... $20.00 each City of Mound — Hoisington Koegler Group, Inc. Contract for Services for 2008 Comprehensive Plan Update -423- January 31, 2006 Page 8 E 7 .a E L V y E L E c a � a 0 � c m aIL E U H C d L E •. G E 0 U -424- 9upae{4 Bounoo App esnoH uedO /BuueeH ollqnd uo!ss!wwoO Bu!uueld n1p.wwoo luos!npy eoedg undo Pus Wd uo!ss!wwoO Bu!uusid uo!ss!wwoo BUluusld BugesW OO/Od lu!or uass!wwoO Bu!uusld aelpwwoo luos!npy soede uedo pus )pad uo!ss!wwoO Bu!uueid uo!ssiwwoO Bu!uusld Bupaeyy s)aus)O Ayedwd oou!wwoo kos!npy aoedg uedo pue )Ped BullaeW s)eu o Apedad uolss!wwoO BuluuOld uass!wwoO BuluuBld Y Al Al S c 0 L E L S E c E a V = m c c O LL o «_ c rC e) (A O «� N CQt C O W c M E C L' O f0 a U CL c O 0 m Q H O m V (° E 0 C a N .L.. N O �. E a C E E U) E Q Y N c O Y C E E Y In Q) x m y a) m` m E O o w a v) Ad Y N h V Y7 �D h aD A f -424- 9upae{4 Bounoo App esnoH uedO /BuueeH ollqnd uo!ss!wwoO Bu!uueld n1p.wwoo luos!npy eoedg undo Pus Wd uo!ss!wwoO Bu!uusid uo!ss!wwoo BUluusld BugesW OO/Od lu!or uass!wwoO Bu!uusld aelpwwoo luos!npy soede uedo pus )pad uo!ss!wwoO Bu!uueid uo!ssiwwoO Bu!uusld Bupaeyy s)aus)O Ayedwd oou!wwoo kos!npy aoedg uedo pue )Ped BullaeW s)eu o Apedad uolss!wwoO BuluuOld uass!wwoO BuluuBld Y Al Al S CITY OF MOUND 'T RESOLUTION NO. 06- RESOLUTION RECOMMENDING CONTINUATION OF CDBG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK (WeCAN) WHEREAS, the City of Mound has supported services for its residents via WeCAN as a community -based human service organization dedicated to helping people achieve grew -tee self-- sufficency and family stability; and WHEREAS, these services include emergency housing and utility assistance, job counseling, food and nutrition education, family support services, public assistance intake services, and family mental health counseling. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mound recommends to the Consolidated Pool Selection Committee that Community Development Block Grant (CDBG) funding of Westonka Community Action Network (WeCAN) be continued. Adopted by the City Council this 14th day of February, 2006. Attest: Bonnie Ritter, City Clerk -425- Mayor Pat Meisel We CAN OFFICERS Liz Jensen President Associate Pastor; Riverwood Convenant Church Dave Garwick Vice President Pastor, Christ Lutheran Church Marvin Johnson Treasurer Mayor or Independence Sue Clements Secretary Community Volunteer BOARD OF DIRECTORS Craig Anderson Minuetrista Police Chief Vern Brandenburg Community Volunteer Mary DeVinney Westonka Food Shelf Rollie Herbst Community Volunteer Mary Hughes Director Westonka Community Education Mark Lee Community Volunteer Ray McCoy Director West Hennepin Public Safety Charles Pugh Community Volunteer Norie Siers Community Volunteer David L. Sutton Immediate Past President Mark Winter PresidenttCEO Crow River Bank WeCAN STAFF Ginny Lozano Executive Director Tracy Walstrom Job Counselor Jessie BiWet Family Advocate Audrey Ogland Meals on Wheels Coordinator Western Communities Action Network • Family Support Services • Meals on Wheels Employment Counseling • Human Services 2434 Commerce Blvd Mound, MN 55364 (952) 472 -0742 Phone (952) 472-5589 Fax January 18, 2006 Mayor Pat Meisel and City Council Members City of Mound City of Mound 5341 Maywood Rd Mound MN 55364 Dear Mayor Meisel and Council Members, On behalf of the Western Communities Action Network (WeCAN), I am requesting the City of Mound to support our application for Community Development Block Grant (CDBG) Pool funds. WeCAN is the community -based human service organization dedicated to helping families achieve greater self- sufficiency and stability. We have been providing a variety of services to low - income residents in twelve communities in western Hennepin County for over 17 years. WeCAN is the sole designated provider of emergency human services in your community. Our mission is to provide a safety net to these families during a time of crisis. Our programs include Meals on Wheels, Emergency housing and utility assistance, Employment counseling, Family support services, Health care referral, and public assistance intake services. In 2005, we served over 1,800 individuals in our services area. This reflects a 28% increase in the number of clients served from the previous year. During these tough economic times and a climate of job lay -offs, we have seen an increase in the number of clients seeking assistance for the first time. The majority of our clients have household incomes considered to be low or very low. A financial crisis can be devastating for most families. WeCAN was able to provide the guidance and assistance needed to maintain family stability. WeCAN serves the following communities: Greenfield, Independence, Loretto, Maple Plain, Minnetonka 10. Beach, Minnetrista, Mound, Rockford ^ "icius, Spring Park, Tonka Bay & Western Orono un,�ed R,�� — 42 G — nn;aa,<a n OFFICERS Liz Jensen President Assoctate- Pastor, Riverwood Conveoant Church Dave Garwick Vice President Pastor, Christ Lutheran Church Marvin Johnson Treasurer Mayor of Independence Sue Clements Secretary Community Volunteer BOARD OF DIRECTORS Craig Anderson Minnetrista Police Chief Vern Brandenburg Community Volunteer Mary DeVinney Westonka Food Shelf lle Herbst "mmunity Volunteer Mary Hughes Director Westonka Community Education Mark Lee Community Volunteer Ray McCoy Director Wei Hennepin Public Safety Charles Pugh Community Volunteer Norie Siers Community Volunteer David L. Sutton Immediate Past President Mark Winter President/CEO Crow River Bank WeCAN STAFF Ginny Lozano Executive Director Tracy Walstrom Job Counselor Jessie Billiet Family Advocate dreg Ogland ^ on Wheels Coordinator Western Communities Action Network • Family Support Services • Meals on Wheels • Employment Counseling • Human Services 2434 Commerce Blvd Mound, MN 55364 (952) 472-0742 Phone (952) 472 -5589 Fax Enclosed for your review is 2005 demographic information about the services provided in your community and surrounding area. This year WeCAN is requesting $15,000 from the Consolidated CDBG funds to support our mission of helping families in your community. We ask for your city's support of our application and would appreciate a letter of support or resolution by February 201h so that it can be included in the materials for Hennepin County. If you have any questions or would like additional information, please feel free to contact me. Thank you for your continued support. Respectfully, Ginny Lozano Executive Director Enclosures WeCAN serves the following communities: Greenfield, Independence, Loretto, Maple Plain, Minnetonka Beach, Minnetrista, Mound, Rockford; "` °--"icius, Spring Park, Tonka Bay & Western Orono -427- 06 Vni,ed Way An:ria«d Agency Western Communities Action Network (WeCAN) 2434 Commerce Blvd. - Suite H Mound MN 55364 (952) 472 — 0742 www.wecan- he 1p.or� 2005 Program and Services Statistics 7 WeCAN Program Summary 2005 Households Served Program Total Number of Households Served Emergency Assistance 183 Employment Program 166 Meals on Wheels 78 Family Support 3-24- Total Households Served 751 Individuals Served Program Total number of n ivi ua s Served Emergency Assistance Employment Program 303 Meals on Wheels 7762 Family bupport 840 Total Individuals Served 1800 Units of Service Program UOS per Program mergency Assistance Employment rogram Meals on Wheels 7762 Family Support 840 Total UOS Served 9261 UOS = Units of Service -429- moo -i mo oKKKmr 500 o�3 =M.00j 3 ; °c -mCD CD C. .. oCD CD 3 cam�=2o° �: N W -0 =+ C1 47 CO -o = a CD v :v m Q O N x N CD CD N tD 3 is CD o ...f i i i i i W N Ln N Cn J N W O O) .A N O IV m 'C !p � O m O i i i O CA CD O O 4 i W N .P " Ui -.I C)l CDJ O c G S CD O � CD y N p O -4 -� CT i 00 i CD 0 -� N O O i O G0 0 0 0 0 in -1 � 3 o w i PQ N N N 00 w ? 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February 2, 2006 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound 2004 Improvements Final Payment Request MFRA #14615 Dear Ms. Hanson: Enclosed is Valley Construction's Final Payment Request for the subject project. The amount of this request is $ 89,230.85. We have reviewed the project and find that the work was completed in general accordance with the plans and specifications. It is our recommendation that the City Council accept the project and make final payment to the Contractor. Sincerely, MFRA 0hul Robert F. Dehler, P.E. Enclosure cc: Carlton Moore Gino Businaro sAmain:\Mou 14615\cores\finalpay2 -2 -06 14800 28th Avenue North, Suite 140 • Plymouth, Minnesota • 55447 An Equal opportunity Employer —432— phone 7631476 -6010 • fax 7631476 -8532 • e -mail. mfra ®mfra.com MAINTENANCE BOND Bond Number 54- 160470 KNOW ALL MEN BY THESE PRESENTS, That we, VALLEY PAVING, INC. , 8800 - 13TH AVE EAST, SHAKOPEE, MN 55379 (hereinafter called the Principal), and UNITED FIRE & CASUALTY COMPANY, - - P.O. BOX 73909, CEDAR RAPIDS, IA 52407 (hereinafter called the Surety), are held and firmly bound unto CITY OF MOUND, 5341 MAYWOOD ROAD, MOUND, MN 55364 (hereinafter called the Obligee), in the full and just sum of ONE MILLION THIRTY ONE THOUSAND ONE HUNDRED TWO AND 70/100 ($1,031,102.70) Dollars, lawful money of the United States, for the payment of which well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with CITY.OF MOUND, MN dated for 2004 STREET RECONSTRUCTION PROJECT 4 -19 -04 which contract has been or is about to be completed and accepted. AND WHBREAS, specifications and contract provided that VALLEY PAVING, INC. should guarantee the project free from defects caused by faulty workmanship and materials for a period of ONE (1) years, general wear and tear excepted. NOW THEREFORE, if the said project shall be free from defects of workmanship and materials, general wear and tear excepted, for a period of ONE (1) years, from the date of acceptance of the work, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered JANUARY 4, 2006 -433- UNITED FIRE & CASUALTY COMPANY Surety MELISSA M. NORDIN, ATTORNEY -IN -FACT Witness SURETY ACKNOWLEDGMENT STATE OF MINNESOTA, SS. COUNTY OF Washington On this 4th day of January , 2006 , before me appeared Melissa M. Nordin to me personally known, who, being duly sworn, did say that he is the Attorney -in -Fact of the United fire & Casualty Company that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and said Melissa M. Nordin acknowledged said instrument to be the free act and deed of said corporation. Notary Public, Washington County, Minn. My commission expires ACKNOWLEDGMENT OF PRINCIPAL For Corporation STATE OF Minnesota ) Scott } SS. COUNTY OF On this 4th day of Janua Richard A. Carron to me known, who, being by me duly sworn, did depose and say; that he resides in that he is the of the Valley Paving, Inc. 2006 , before me personally came Lakeville President the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of ctors of said corporation, and that he signed his name thereto by like order. _ n 1 \\� •" M• ♦ • ♦• 1 1 S- 24221GEEF 11197 Notary Public Carol J. Johnson — Kadrlik My commission exoires 1/31/2010 -434- the UNITED SIRE A, CAL " A 1— h'd"-,J6kecu e i t behalf a f :.a WN (ritten certificates attorneys -in -fact to act in behalf of th br obligatory instrurrltkfs of llym; nature. 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O S O S S S S 0 C , Z D 0 0 0 0 o o D m m D?p 0 O A ( All p OA1 AO ENO C N V V V V N O w ' O O S S O S O O c D z 0 0 0 0 0 0 �o p D D m A + O A N A pp A to 41 N O A O N O 0 c V V V V N O 1 O O S 0 O S O -439- O m m m m o -n Oc S� -n !t �3rn0 � PC z W m a D z -i z � o Z O A T m m m O c N z C m m v 0 77 C ao T � Z OZ C D m� 1 i D 2 DD O mm m N O O O 0 0 D O m A T h re A � iv rs Administrative Center /\!//�!/ /i// J 3000 Xenium Lane Plymouth, M& 55441 -1299 Telephone 763/559 -9000 • TDD 763/559 -6719 • Fax 763/559 -3287 P A R K D 1 S TAR 1 C T www.threeriversparkdistrict.org • an equal opportunity'employer January 25, 2006 Ms. Kandis Hanson, City Manager -City of Mound 5341 Maywood Rd Mound MN 55364 Dear Ms. Hanson: On "January 19th, 2006, Three Rivers Board of Commissioners approved the Dakota Rail Regional Trail Master Plan. The Board also authorized the Superintendent to send the attached resolution to the cities of Wayzata, Minnetonka Beach; Orono, Spring Park, Mound, Minnetrista, and St. Bonifacius seeking support for the development and operations of this trailway pursuant to the Park District's adopted Master Plan. Please place the proposed resolution on your City Council agenda for formal: consideration within the next 30 -days: Our Board of Commissioners plans to.address the District's next step relative to the Dakota Rail Regional .Trail at their March 2na, 2006, regular meeting. When our Board authorizes implementation of the project, , Three Rivers, will cgntact the seven - municipalities identified above to participate in planning initiatives as a member of the Technical Advisory Committee.. Contact me at 763 -559 -6748 if you have any questions. Sincerely, Douglas F. Bryant, Superintendent _ and Secretary -to the Board Enclosure 'Sh1 /wp/Dakota Rail/2006 Promoting environmental stewardship through recreation and education in a natural resources -based park system -440- ADD TO CONSENT AGENDA (per J.Dean) 4R. Ratification of actions taken at the special emergency meeting of February 9, 2006. CITY OF MOUND RESOLUTION NO. 06-- RESOLUTON OF SUPPORT TO DEVELOP, CONSTRUCT, AND OPERATE A REGIONAL TRAIL WITHIN THE DAKOTA RAIL CORRIDOR PURSUANT TO THE THREE RIVERS PARK DISTRICT ADOPTED MASTER PLAN WHEREAS, the City of Mound recognizes that the Hennepin County Regional Railroad Authority ( HCRRA) owns the Dakota Rail Corridor; and WHEREAS, the City of Mound recognizes the Dakota Rail Corridor is identified in the Metropolitan Council's Regional Recreation Open Space Policy Plan as a proposed regional trail; and WHEREAS, the City of Mound recognizes that Three Rivers Park District upon Board authorization intends to enter into a permit agreement with the HCRRA to develop, construct, and operate a regional trail within the Dakota Rail Corridor; and HCRRA has the authority to lease a portion of the corridor to the Park District for regional trail use; and WHEREAS, the City of Mound recognizes that Three Rivers Park District has conducted numerous public meetings and gathered public input in the development of a master plan for a regional trail within the Dakota Rail Corridor; and WHEREAS, the City of Mound has participated with Three Rivers Park District in development of a Master Plan for the construction and operation of a regional trail within the Dakota Rail Corridor; and WHEREAS, the City of Mound recognizes that Three Rivers Park District board, on January 19, 2006, adopted a Master Plan for the development and operation of a regional trail within the Dakota Rail Corridor; and WHEREAS, the City of Mound supports the development of the Dakota Rail Corridor as a regional trail pursuant to the adopted Three Rivers Park District Master Plan; and NOW, THEREFORE BE IT RESOLVED that the City of Mound supports the Dakota Rail Regional Trail and hereby recommends that the Three Rivers Park District expedite the development of a regional recreation trail within the conditions and guidelines delineated by the District's Board of Commissioners in the adopted Master Plan. Adopted by the City Council this 14th day of February, 2006. Attest: Bonnie Ritter, City Clerk -441- Mayor Pat Meisel Y L) 5341 MAYWOOD ROAD Y OF MOUND MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472-0620 WEB: www.cityofmound.com DATE: February 10, 2006 TO: Mayor Meisel City Council Members FROM: Kandis Hanson, City Mana RE: Special Assessment Against 2957 Cambridge Lane In June of 2001, the City was notified of a hazardous retaining wall at 2957 Cambridge Lane. It was determined that City utilities were contained in an unimproved street sustained by the wall. The City initiated hazardous property proceedings against 2957 Cambridge Lane to force the repairs. During the pendency of the hazardous property proceedings, the property went into foreclosure as the owners of record disappeared. The mortgage holder, Citibank intervened in the hazardous property proceeding and negotiated a settlement with the City of Mound. Among the provisions of the settlement, Citibank was given an extension of time to fix the property. The court in the hazardous property proceeding entered an order declaring the property to be hazardous property and directing that the hazards be eliminated. The City hoped to not have to do the work itself and agreed to provide the extension. In exchange for the delay, the City negotiated to be able to recoup its engineer and attorney fees incurred to date relating to the property through a special assessment procedure. This is reflected in the Court's Order. During the extension period, Citibank took control of the property through foreclosure and promptly resold it, selling it to the present owner of record, Mr. Tom Sims. At that time, Mr. Sims' attorney indicated that his client would likewise prefer to abate the hazardous condition himself rather than have the City do the work. The City provided substantial time delay for Mr. Sims to complete the work himself even though the City had the authority at that point to enter the property to correct the problem itself. Mr. Sims finally completed the retaining wall under his own specifications, eventually meeting the City Engineer's satisfaction. ® printed on recycled paper -442- It is the City's stance that Mr. Sims benefited from the work performed by the City, in that he used engineering, soil data and design plans that had been obtained from the City Engineer. The City calculates expenses in excess of $23,000 in relation to this project to which it is entitled to be reimbursed as a special assessment. Efforts to arrive at a compromise of the amount that Mr. Sims would reimburse the city were unsuccessful. The City now seeks reimbursement for all costs related to this matter through a special assessment as provided in the Court's Order. The amount of the proposed assessment ($23,019.77) is based on the following costs and expenditures: $9,774.83— Attorneys fees $2,057.80 —Fees for City engineering services $1,326.00 Field survey work $4,038.95 —Cost for soil borings and analysis $5,822.19— Design plans for walls The matter is on the council agenda for its February 14, 2006 meeting as a public hearing on the proposed assessment of $23, 017.77. The City Manager and Finance Director will present further detail at the hearing, as needed. The current property owner has filed a written objection to the proposed assessment with the City Clerk. It is expected that the property owner will be present to object to the assessment, and to present information regarding his objection either personally or through his attorney. 11911 0 :g pa- 11;611 0 i� Qty 9 Um IIOI l i�z E �i j — — — — _— — — m — — — — — J ISO ma WSKM movoz/tt APL J�aR \WLCt110Y1�P�°M \p $F--- 1S ;. GVOd �31S3HSNb'i� 3 NOS .8 j J Z W 2 x r T 1.7 Q W J w u t7 ti W �? ^3' O Z C3 ;z U ( 3 I N W W W J C3 I 3 �Q a N N N W 3 U V1 r3 �C3Li ooQO ° zzzz loo � i � W W W W c c o a � p 3 �V 11 i - - -� :Z, XO J (( 0 :g pa- 11;611 0 i� Qty 9 Um IIOI l i�z E �i j — — — — _— — — m — — — — — J $F--- 1S ;. GVOd �31S3HSNb'i� NOS .8 Z J ti i--------- - - - --- ( 3 I I 3 loo � i � ► �V 11 i - - -� :Z, (( 2 — — — — -+ III I i �° -- --- - - - --I l ) ( Z O I J4+ 2 I � oac � I x z ! 3SIlOH DNIISIX3 � I If) —,?NOS ' — NVS -8t� Z V v ❑ o 3.LMYONO3 dO.L A 771'9 -29 ' l�`" I i o 0 :g pa- 11;611 0 i� Qty 9 Um IIOI l i�z E �i j Affidavit of Mailing Assessment Hearing Notice - Abatement at 2957 Cambridge Lane State of Minnesota ) County of Hennepin) City of Mound ) Bonnie Ritter, being first duly sworn, deposes and says: I am a United States citizen, over 21 years of age, and the City Clerk of the City of Mound, Minnesota. On Friday, January 13, 2006, acting on behalf of said City, I deposited in the United States post office at Mound, Minnesota, a copy of the attached notice of a hearing on proposed assessment, enclosed in an envelope, with postage thereon fully prepaid, addressed to Thomas Sims, 70 Birch Bluff Road, Tonka Bay, MN 55331. Bonnie Ritter, City Clerk Subscribed and sworn to before me this 13th day of January, 2006. NdItary Public -445- NOTICE OF HEARING ON PROPOSED ASSESSMENT Notice is hereby given that the City Council of the City of Mound, Minnesota, will meet on Tuesday, February 14, 2006, at 7:30 p.m. in the council chambers of city hall to consider, and possibly adopt, the proposed assessment for the Hazardous Building Abatement at 2957 Cambridge Lane. Adoption by the Council of the proposed assessment may occur at the hearing. The amount to be specially assessed against the particular parcel of land is $23,019.77. Such assessment is proposed to be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2007, and will bear interest at the rate of 8% per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Mound. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City of Mound, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is eight percent per year. The right to partially prepay the assessment according to City Code Chapter 370 is available. The proposed assessment is on file for public inspection at the City Clerk's office. The total amount of the proposed assessment is $23,019.77. Written or oral objections will be considered at the hearing. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owners is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owner as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days ;after s ice upon the Ma or or Clerk. nnie Ritter City Clerk Published in The Laker on the 21St day of January, 2006. Imm `I ,7 �C NOTICE OF OBJECTION January 24, 2006 RE: Assessment, 2957 Cambridge Lane Bonnie Ritter, City Clerk City of Mound 5341 Maywood Dr. Mound MN 55364 Dear Ms. Ritter, I am the owner of the property referred to above. In accordance with Minnesota Statutes §429.0611 am hereby notifying you that I object to the assessment. Very Tru ours Tomas Sims -447- CITY OF MOUND RESOLUTION NO. 02-90 RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS PROPERTY AT 2957 CAMBRIDGE LANE WHEREAS, the real estate at 2957 Cambridge Lane, legally described as Lots 9 and 10, Block 33, "Wychwood" ( "Subject Property") was at some point improved by a construction project and WHEREAS, in order to prepare the Subject Property for construction, it was necessary to perform significant grading of the soil; and WHEREAS, the Subject Property abuts a platted road ( "Cambridge Lane ") to the east and a platted fire lane ( "Fire Lane ") to the north; and WHEREAS, the difference in the grade between the City right of ways and the Subject Property is as much as thirteen feet; and WHEREAS, the grading which was necessary for the construction on the Subject Property compromised the lateral support of the abutting City right of ways; and WHEREAS, the owners of record of the Subject Property are Gene and Theresa Skaalerud; and WHEREAS, a previous owner constructed a concrete block retaining wall ( "Wall ") on the Subject Property along the entire east border with Cambridge Lane on Lot 9 and a portion of lot 10 as well as a portion of the north border with the Fire Lane on Lot 9 to preserve the lateral support for the City right of ways; and WHEREAS, utilities including a City water line and a Metropolitan Council Environmental Service Sanitary Sewer Force Main are buried in Cambridge Lane; and WHEREAS, a garage is constructed on the southern -most portion of the lot abutting the Fire Lane on the north; and WHEREAS, the Fire Lane is frequently used recreationally by other citizens as an access to nearby Lake Minnetonka; and WHEREAS, approximately thirty feet of the Wall on Lot 9 abutting Cambridge Lane to the east has collapsed; and WHEREAS, the remaining portions of the Wall have not yet collapsed but have been found by the City structural engineer to be lacking structural integrity; and BDS- 219840v1 MU200 -109 WIM1; �.. WHEREAS, the present condition of the collapsed Wall presents an immediate risk to the lateral support of Cambridge Lane and thus poses an immediate risk to the integrity of the City water line and the Metropolitan Council Sewer Force main; and WHEREAS, the remaining, standing portions of the Wall constitute an immediate risk to the lateral support of the Fire Lane and Cambridge Lane and thus pose an immediate risk to the garage located across the Fire Lane from the Subject Property to the north and the other existing improvements on the Subject Property; and WHEREAS, Minnesota Statutes, Section 463.16 authorizes the governing body of any city or town to order the owner of any hazardous property within the municipality to correct or remove the hazardous condition; and WHEREAS, Minnesota Statutes, Section 463.15 subd. 3 defines a "hazardous property" as "any... property, which because of inadequate maintenance, dilapidation, physical damages, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health"; and WHEREAS, Minnesota Statutes, Section 463.161 et seq. authorizes the City to correct or remove a hazardous condition of any hazardous property if the owner of record fails to do so after a reasonable time and the district court enters a Judgment sustaining the City's Order (attached as Exhibit A); NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as follows: The Subject Property is a Hazardous Property as defined by Minnesota Statutes Section 463.15; 2. An Abatement Order substantially similar to that attached hereto as Exhibit A shall be served upon all required parties in order to effectuate this Resolution; 3. The City Attorney is authorized to take all necessary legal steps to secure compliance with the Order and to obtain authority to remove the hazardous conditions on the Subject Property by court order or consent and assess the costs against the property. Adopted by the City Council of the City of Mound this 90' day of September, 2002. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel BDS- 219840v 1 2 MU200 -109 m EXHIBIT A Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Court File No. In the Matter of the Hazardous Property Located at 2957 Cambridge Lane in the City ORDER FOR ABATEMENT of Mound, Minnesota OF HAZARDOUS PROPERTY TO: GENE AND THERESA SKAALERUD, HUSBAND AND WIFE, OWNERS OF RECORD. The City Council of the City of Mound orders that within twenty (20) days of service of this Order you abate the conditions as described below which exist on property located at 2957 Cambridge Lane in the City of Mound, which property is legally described as: Lots 9 and 10, Block 33, "Wychwood ". The City of Mound, pursuant to Minnesota Statutes, Sections 463.15 et. Seq., and based on the authorization of Resolution No. 02 -90, adopted on September 9, 2002, which is hereby incorporated by reference and attached hereto as Exhibit A, and all prior findings, conclusions, and determinations referenced in Resolution No.02 -90, finds that the above- referenced property constitutes a "hazardous property" within the meaning of Minnesota Statutes, Section 463.15, subd. 3. Pursuant to the above - referenced statutes, it is hereby ORDERED that within twenty (20) days of service of this Order you must remove and replace the existing, standing portions of the concrete block wall on Lots 9 and 10 abutting the Fire Lane and Cambridge Lane and replace the approximately 30 feet of concrete block wall on Lot 9, abutting Cambridge Lane that has collapsed, all in conformity with generally recognized structural engineering standards, in order to provide sufficient lateral support for Cambridge Lane and the Fire Lane. In addition, you must remove all debris from the collapsed portion of the Wall on Lot 9. You are further advised that unless such corrective action is completed or an Answer is served on the City and filed with the Hennepin County District Court Administrator within twenty (20) days BDS- 219840v 1 MU200 -109 M611a of the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to the Hennepin County District Court. You are further advised that if you do not comply with this Order and the City is compelled to take any corrective action, all necessary costs incurred by the City in the corrective action will be assessed against the property pursuant to Minnesota Statutes, Section 463.21. In connection thereto, the City intends to recover all its expenses incurred in carrying out this Order, including specifically but not exclusively, filing fees, service fees, publication fees, attorneys' fees, appraisers fees, witness fees, including expert witness fees and traveling expenses incurred by the City from the time this Order was originally made pursuant to Minnesota Statutes, Section 463.22. Dated: September , 2002 KENNEDY & GRAVEN CHARTERED By: Bryan D. Shirley, 312964 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 ATTORNEYS FOR THE CITY OF MOUND BDS- 219940v1 4 MU200 -109 -451- STATE OF MINNESOTA COUNTY OF HENNEPIN F 11- Case Type: Other Civil 03 MAR -4 PM ,: 50 DISTRICT COURT FOURTH` JUDICIAL DISTRICT Court File No. 02 -19285 In the Matter of the Hazardous Property Located at 2957 Cambridge Lane in the ORDER City of Mound, Minnesota This matter came before the undersigned on February 4, 2003 at 1:30 p.m. upon the City of Mound's motion for the enforcement of a hazardous property abatement order. Based on the pleadings on file and the arguments at the hearing, and because no- answer was filed within twenty (20) days from the, date of service of the Order For Abatement of Hazardous Property. ( "Council Order ")(attached as Exhibit A), filed with the District Court on November 5, 2002, the Court makes the following Order: IT IS HEREBY ORDERED: 1. Representatives of the City of Mound may enter upon the property at 2957 Cambridge Lane in the City of Mound, which property is legally described as Lots 9 and 10, Block 33, "Wychwood ", pursuant to Minnesota Statutes Section 463.15 et seq., in order to enforce the Council Order and abate a property condition found to be hazardous under the aforementioned statute by the City Council of the City of Mound. 2. The City of Mound may recoup any and all of its expenses incurred in connection with the Council Order's enforcement, including specifically, but not exclusively, filing fees, service fees, publication fees, attorney's BDS- 219983v1 MU200 -109 1 EXHIBIT "A" -452- fees, appraiser's fees, witness fees, including expert witness fees, and traveling expenses incurred by the municipality from the time the Council Order was originally made by motion to this court. 3. A lien for such expenses may be levied and collected only as a special assessment in the manner rovided by Minnesota Statutes 1961, sections n* aa- �ssa- mAnt ie nw�1.10 in. etn i.+ct� 429.061 to 429.0 1, Q� �. -e. o:am a.r- ir�,wrsr - :a w- raag��y �eev oseF��iGiIi. 4. Enforcement of this order shall be stayed until April 1, 2003 to provide the owner, or the owner's heirs, successors and. assigns, another opportunity to abate the hazardous condition, in conformity with generally recognized structural engineering standards, avoiding the necessity of the City's direct action. 5. If the owner, or the owner's heirs, successors or assigns determines to abate the hazardous condition, said owner must submit plans, sufficient to warrant the issuance of a building permit for such abatement measures, to City staff on or before April 1, 2003, with construction to be completed as soon as practicable but no later than November 1, 2003. 6. In the event that the o :veer, or the owner's heirs, successors or assigns, complies with the terms of the Council Order prior to the April 1, 2003, enforcement date, the City is nevertheless entitled to reimbursement for its reasonable engineering and attorney's fees incurred as a result of steps taken to effectuate the abatement of the hazardous property condition. 7. In the event that the owner or the owner's heirs, successors or assigns determines to abate the hazardous condition, the City will provide said 13DS- 219983v1 2 MU200 -104 -453- WTi: S\ Nt=`*° �' °"41�N,'+Y.ni�Pi'ShFo'L`auS.rs^ : �' l' ti:; b.' ti➢: N :titiJ.'lvdlt�tr'tu.tttS:nzU' » -� :_3L:.�.:i�S6:utubVjt ..: ��a: �avy1P•^ �••_^••»»'+ a: IL' unnw' 1: mYMn:'s1u�:v:�utwluMi/i`it:Jaul vct.��'.�.c�uuG4u.i�i'Lee Hi., Y�.: 4.. c.+: Ud:: WUx:: :e�.:u.:µwa,::_•.:::m.:1.�4uu:. owner with copies of previously completed soil boring and survey data as well as preliminary design plans for a retaining wall. If the City provides copies of said information, the City. is not responsible for the accuracy of such data. 8. Let judgment be entered accordingly. Dated: �, 2003 Recommended by: -eferee, Housing Court the Court: Xe Judge, District Court 13DS- 219983v 1 3 MU200 -109 -454- CITY OF MOUND RESOLUTION NO. 06- RESOLUTION ADOPTING ASSESSMENT FOR HAZARDOUS BUILDING ABATEMENT The City Council of the City of Mound, Minnesota (City) resolves: Section 1. Pursuant to proper notice given as required by law and in accordance with Minnesota Statutes, Chapter 429 and 463, the Council has conducted a public hearing on a proposed special assessment against certain property in the city. Section 2. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and constitutes the special assessment against the lands named therein. Section 3. The assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2007, and will bear interest at the rate of 8 percent per annum from the date of the adoption of this assessment resolution. To the first installment there will be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installments when due shall be added interest for one year on all unpaid installments. Section 4. The owner of the property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Mound, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City of Mound the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which the payment is made. The payment must be made by November 15 or interest will be charged through December 31 of the succeeding year. Section 5. The Clerk is directed to transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. The assessment is to be collected over in the same manner as other municipal taxes. Adopted by the City Council this day of , 2005. Attest: Bonnie Ritter, City Clerk -455- Mayor Pat Meisel ASSESSMENT ROLL HAZARDOUS BUILDING ABATEMENT ASSESSMENT 2957 Cambridge Lane, Mound, MN (Lots 9 and 10, Block 33, Wychwood) 1. Attorneys fees - $9,774.83 2. Engineering fees - $13,244.94 a. $2,057.80 — fees from City Engineer John Cameron b. $1,326.00 — field survey work c. $4,038.95 — cost for hiring outside firm for soil boring work and analysis d. $5,822.19 — amounts paid for new retaining wall design Total: $23,019.77 -456- CITY OF MOUND RESOLUTION NO. 06-_ Resolution Providing for the Sale of $1,600,000 General Obligation Improvement Bonds, Series 2006A $1,240,000 General Obligation Utility Revenue Bonds, Series 2006B $315,000 General Obligation Equipment Certificates, Series 2006C WHEREAS, the City Council of the City of Mound, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $1,600,000 General Obligation Improvement Bonds, Series 2006A (the "Series 2006A Bonds "), to finance public improvements in the City; and WHEREAS, the City Council of the City of Mound, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $1,240,000 General Obligation Utility Revenue Bonds, Series 2006B (the "Series 2006B Bonds "), to finance water, sewer and storm water improvement projects in the City; and WHEREAS, the City Council of the City of Mound, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $315,000 General Obligation Equipment Certificates, Series 2006C (the "Series 2006C Bonds "), to finance equipment purchases in the City; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Series 2006A Bonds, Series 2006B Bonds and the Series 2006C Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Mound, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Series 2006A Bonds, Series 2006B Bonds and the Series 2006C Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:30 pm on March 14, 2006 for the purpose of considering sealed proposals for and awarding the sale of the Series 2006A Bonds, Series 2006B Bonds and the Series 2006C Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Series 2006A Bonds, Series 2006B Bonds and the Series 2006C Bonds and to execute and deliver it on behalf of the City upon its completion. Adopted by the City Council this 10' day of February, 2006. Attest: Bonnie Ritter, City Clerk -457- Mayor Pat Meisel Percent % -A Cn M --I M CD O N Co -P tip pp �p pp w tip. Y m ® p p 3 Z m CD o __� p m 4t s w 4n-i ,ro N C v vp m N � do m n 0) 00 'o X ° N 140 O a CL N cc z 03 o O Cp CD j' v Cjo =r N CD W C `C W Val m rn 41 w x— o`O Z -� v W o m �o do wp cn 0,0 " m a N°o Cp po A A A A A Ut CT CT O O O O O O O O � � q. h 1•r� dy.y� � � t '� +" 0 CD a m J¢ N + C CD U) *. d` 4 ✓ $ ci +a'w + 5; 5A. F W 0 'y Qw1 a p O �\ t 4 V CD C97 =�% % , 4w} "5�y� l N X ➢� n y�l 3 hi I,r N „. 1 k� N l , t �, tAk % "t"'% i41 1 '1• Q ♦ d %44µS +u P'Q y ��+i .�nbfY a^ 7 F ,�ry � iy � � "• t � ? � F � r MAR" w kM 4, .`' eF 1Pt us 1� €y •'4N,i, as � H ".Nh '4 � ry t�� F.0 �' � F!p A 1�-d'M �' O � %4 'p '� Y �1�a w � i #�'�1�+* � { ar -uy'� v ]� 7k`T�; � f�t rw�4 I'°'. �., l � �� !� r •#Yeh �+A ID 9a. 3 7 5 J 'V r sP � ��aq ^+� 2 $ ': a. � sly. � "4` t � r,' � t •� K fl *. 4 r q ` O le L y dgfi "i2? '' �, k Y4, t i♦ n., I? e �- t .y 1 ,f N � M„ v. ' t v Iw '� v� SY� �^ j C., r, 'ry a.' Wi •+f� i P � h' G;e. d '` tm Yi C, � #Y Vi Y ._ 4 �, M MX =r \Y ry,. 4 'L ;'�,. '' ysi y d ?� , b µ. c ` t fw, 4a% ' ? u .�i v an d R^� ` .P r•a'j •�r "¢i3�rt um 0 bil u . qn � fI 0 -459- 11 2o CITY OF MOUND Pre -Sale Report February 14, 2006 Proposed Issues: 1. $1,600,000 General Obligation Improvement Bonds, Series 2006A 2. $1,240,000 General Obligation Utility Revenue Bonds, Series 2006B 3. $315,000 General Obligation Equipment Certificates, Series 2006C Purpose: 1.Financing for public improvements for the 2006 Street Reconstruction Project. Principal amount to be assessed is $1,000,000 for 15 years at 8% interest. Principal amount to be repaid with general property taxes is $600,000. 2.Financing for the 2006 water, sewer and storm water improvements associated with the 2006 street reconstruction project ($1,240,000). 3.Financing for the 2006 Equipment Replacement Program including the purchase of park, streets and police department equipment ($315,000). Description: These three debt issues will provide financing for projects approved by the City Council. The Improvement Bonds provide funding for the 2006 Street Improvement Project. The Utility Revenue Bonds provide funding for the replacement of water, sewer and storm water trunk lines and related appurtenances. Term /Call Feature: The Improvement Bonds will have a term of 15 years and will be callable in 2015 for bonds maturing on February 1, 2016 and thereafter. The Utility Revenue Bonds will have a term of 20 years and will be callable in 2017 for bonds maturing on February 1, 2018 and thereafter. The Equipment Certificates will have a term of 5 years (non - callable). Funding Sources: The Improvement Bonds will be repaid from special assessments ($1,000,000) and debt levy ($600,000). The Utility Revenue Bonds will be repaid from water ($800,000), sewer ($200,000) and storm water ($100,000) revenues collected by the City. The Equipment Certificates will be repaid with an annual debt levy. 0 m.1 Prepared by Ehlers & Associates, Inc. Discussion Issues: All bonds included within this report are General Obligation Bonds backed by the full faith and credit of the City. This pledge helps improve the credit worthiness of the bonds and reduces interest costs. The pledge does mean that if any of the revenue expected to pay the debt service cost is not available that the city will increase the debt levy to pay the debt service. There is risk for this increase any time the full faith and credit pledge is provided. Schedule: Pre -Sale Review: Distribute Official Statement: Conference with Rating Agency: Bond Sale: Estimated Closing Date: February 14, 2006 March 2, 2006 Week of March 6, 2006 March 14, 2006 April 11, 2006 Attachments: Sources and Uses of Funds Proposed Debt Service Schedule Bond Buyer Index Resolution authorizing Ehlers to proceed with bond sale Ehlers Contacts: Financial Advisors: Dave Callister and Rebecca Kurtz (651) 697 -8500 Bond Analysts: Diana Lockard (651) 697 -8534 Debbie Holmes (651) 697 -8536 Bond Sale Connie Kuck (651) 697 -8527 Coordinator: The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. -461- Prepared by Ehlers & Associates, Inc. City of Mound, MN $1,600,000 General Obligation Improvement Bonds, Series 2006A 2006 Street Reconstruction Dated April 11, 2006 Sources & Uses Dated 04/1112006 1 Delivered 04/11/2006 Sources Of Funds Par Amount of Bonds $1,600,000.00 Total Sources $1,600,000.00 Uses Of Funds Total Underwriters Discount (1.250 %1 _ _ _.____ . — .. 20,000.00 -. . - - Costs of Issuance 22,000.00 Deposit to Capitalized Interest (CIF) Fund_ _ 54,606.60 _ De sit to Project Construction Fund _ 1,500,000.00 Rounding Amount _ _ 3,393.40 Total Uses $1,600,000.00 Ser 06 $1.SM Net GO Imp B I SINGLE PURPOSE 1 1/26/2006 1 11:19 AM Ehlers & Associates, -462- , City of Mound, MN $1,600,000 General Obligation Improvement Bonds, Series 2006A 2006 Street Reconstruction 4.4645403% True Interest Cost (TIC) 4.4851968% Dated April 11, 2006 -- ... - -...__ . _ All Inclusive Cost (AIC) 4.6723574% Debt Service Schedule Date Principal Coupon Interest Total P +I 02/01/2007 - - 54,606.60 54,606.60 02/01/2008 80,000.00 3.800% 67,787.50 147,787.50 02/01/2009 80,000.00 3.900% 64,747.50 144,747.50 02/01/2010 85,000.00 3.950% 61,627.50 146,627.50 02/01/2011 90,000.00 58,270.00 148,270.00_ _ _ 02/01/2012 _ 90,000.00 _ _4.000% 4.050% 54,670.00 144,670.00 02/01/2013 95,000.00 4.100% 51,025.00 146,025.00 02/01/2014 100,000.00 4.150 % 47,130.00 147,130.00 02/01/2015 105,000.00 4.200% 42,980.00 147,980.00 02/_01/2016 110,000.00 4.250% 38,570.00 148,570.00 02/01/2017 115,000.00 _ 4.300% 33,895.00 148,895.00 02/01/2018 120,000.00 4.350% 28,950.00, 148,950.00 02/01/2019 125,000.00 4.400% 23,730.00 148,730.00 02/01/2020 130,000.00 4.450% 18,230.00 148,230.00 135,000.00 4.500% ^12,445.00 147,445.00_ _02/01/2021 _ 02/01/2022 140,000.00 _ 4.550% 6,370.00 146,370.00 Total $1,600,000.00 - $665,034.10 $2,265,034.10 Yield Statistics Bond Year Dollars Average Life 9.59_0 Years 4.3341952% Net Interest Cost (NIC) 4.4645403% True Interest Cost (TIC) 4.4851968% Bond Yield for Arbitrage Purposes . - -- ... - -...__ . _ All Inclusive Cost (AIC) 4.6723574% IRS Form 8038 Net Interest Cost _ _ _ _ _ _ _ 4.3341952% Weighted Average Maturity 9.590 Years Ser 06 $1.5M Net GO Imp B 1 SINGLE PURPOSE 1 1/2612006 1 11:19 AM -463- City of Mound, MN $1,600,000 General Obligation Improvement Bonds, Series 2006A 2006 Street Reconstruction Dated April 11, 2006 Net Debt Service Schedule Date Principal Coupon Interest Total P +l CIF Net New D/S 02/01/2007 - - 54,606.60 54,606.60 (54,606.60) - 02/01/2008 80,000.00 3.800% 67,787.50 147,787.50 147,787.50 02/01/2009 80,000.00 3.900% 64,747.50 144,747.50 - 144,747.50 02/01/2010 85,000.00 3.950% 61,627.50 146,627.50 - 146,627.50 02/01/2011 _ 4.000% 58,270.00 _ 148,270.00 - 148,270.00 02/01/2012 90,000.00 4.050% 54,670.00 144,670.00 - 144,670.00 02/01/2013 95,000.00 4.100% 51,025.00 146,025.00 - 146,025.00 02/01/2014 100,000.00 4.150% 47,130.00 147,130.00 - 147,130.00 02/01/2015 105,000.00 4.200% 42,980.00 147,980.00 - 147,980.00. 02/01/2016 _ __ 110,000.00 4.250% 38,570.00 _148,570.00 - 148,570.00 02/01/2017 115,000.00 4.300% 33,895.00 148,895.00 - 148,895.00 02/01/2018 120,000.00 4.350% 28,950.00 148,950.00 - 148,950.00 02/01/2019 125,000.00 4.400% 23,730.00 148,730.00 - 148,730.00 02/01/2020 130,000.00 4.450% 18,230.00 148,230.00 - 148,230.00 02/01/2021 135,000.00 _ 4.500% _12,445.00 147,445.00 _ 147,445.00 02/01/2022 140,000.00 4.550% 6,370.00 146,370.00 _ 146,370.00 Total $1,600,000.00 - $665,034.10 $2,265,034.10 (54,606.60) $2,2109427.50 Ser 06 $1.5M Net GO Imp 8 I SINGLE PURPOSE 1 1/26/2006 1 11:19 AM M / City of Mound, MN $1,240,000 General Obligation Utility Revenue Bonds, Series 2006B Dated April 11, 2006 Sources & Uses Dated 04/1112006 1 Delivered 04/1112006 Sources Of Funds Par Amount of Bonds $1,240,000.00 Total Sources $1,240,000.00 Uses Of Funds Total Underwriter's Discount (1.250 %) - - -. -- - - - -- .- ..._..._.. ... - - -.. ....... .... .. - -- 15,500.00 . --- ..._..._ _. -- - ............— Costs of Issuance 20 000.00 Deposit to Project Construction Fund -- .... -- - -- . _._.... r 1,200,000.00 ...... _ _.. ....._ .. .- - - - Rounding Amount _ _ 4,500.00 Total Uses $1,240,000.00 Ser 06 $1.2M Net GO UVII I SINGLE PURPOSE 1 1/26/2006 1 11:19 AM -465- City of Mound, MN $1,240,000 General Obligation Utility Revenue Bonds, Series 2006B Dated April 11, 2006 Debt Service Schedule Date Principal Coupon Interest Total P +I 02/01/2007 - - 44,084.03 44,084.03 02/01/2008 45,000.00 3.900% 54,725.00 99,725.00 02/01/2009 45,000.00 3.950% 52,970.00 97,970.00 02/01/2010 45,000.00 4.000% 51,192.50 96,192.50 02/01/2011 50,000 00 4.050% 49,392.50 99,392.50 02/01/2012 50,000.00 4.100% 47,367.50 97,367.50 02/01/2013 55,000.00 4.150% 45,317.50 100,317.50 02/01/2014 55,000.00 4.200% 43,035.00 98,035.00 02/01/2015 60,000.00 4.250% 40,725.00 100,725.00 02/01/2016 - - - - - -- - - 60,000.00 - — -- - - -- - - 4.300% - -- - - - - - 38,175.00 - -- - -- -- - -- - -- - -- -- 98,175.00 - -- - -- - 02/01/2017 65,000.00 4.35u 0 /0 35,595.00 - -- 100,595.00 02/01/2018 65,000.00 4.400% 32,767.50 97,767.50 02/01/2019 70,000.00 4.450% 29,907.50 99,907.50 02/01/2020 70,000.00 4.500% 26,792.50 96,792.50 02/01/2021 75,000 00 4.550% 23,642.50 98,642.50 02/01/2022 80,000.00 4.600% 20,230.00 100,230.00 02/01/2023 80,000.00 4.650% 16,550.00 96,550.00 02/01/2024 85,000.00 4.700% 12,830.00 97,830.00 02/01/2025 90,000.00 4.750% 8,835.00 98,835.00 02/01/2026 95,000.00 4.800% 4,560.00 99,560.00 Total $1,240,000.00 $678,694.03 $1,918,694.03 Yield Statistics Bond Year Dollars _ _ ....- ...__._ _ ....._ . _._ -.. _ ......_....- $14,968.89 AverageLif . ........ _ _._. - - - -.._ _...... -- ...... Average Coupon —. ....._ -.. 4.5340308% Net Interest Cost (NIC) 4.6375789% True Interest Cost (TIC) 4.6527166% Bond Yield for Arbitrage Purposes 4.5107904% All Inclusive Cost (AIC) 4.8396917% IRS Form 8038 Net Interest Cost 4.5340308% Weighted Average Maturity 12.072 Years Ser 06 $1.2M Net GO UUII I SINGLE PURPOSE 1 1/26/2006 1 11:19 AM • - City of Mound, MN $1,240,000 General Obligation Utility Revenue Bonds, Series 2006B Dated April 11, 2006 Net Debt Service Schedule Date Principal Coupon Interest Total P +I Net New D/S 02/01/2007 - - 44,084.03 44,084.03 44,084.03 02/01/2008 45,000.00 3.900% 54,725.00 99,725.00 99,725.00 02101/2009 45,000.00 3.950% 52,970.00 97,970.00 97,970.00 02/01/2010 45,000.00 4.000% 51,192.50 96,192.50 96,192.50 02/0112011_ 50,000.00 4.050% 49,392.50 9_9,392.50 99,392.50 02/01/2012 50,000.00 4.100% 47,367.50 97,367.50 97,367.50 02/01/2013 55,000.00 4.150% 45,317.50 100,317.50 100,317.50 02/01/2014 55,000.00 4.200% 43,035.00 98,035.00 98,035.00 02/01/2015 60,000.00 4.250% 40,725.00 100,725.00 100,725.00 02/01/2016 60,000.00 4.300% 38,175.00 98,175.00 98,175.00 02/01/2017 65,000.00 4.350% _ 35,595.00 100,595.00 100,595.00 02/01/2018 65,000.00 4.400% 32,767.50 97,767.50 97,767.50 02/01/2019 70,000.00 4.450% 29,907.50 99,907.50 99,907.50 02/01/2020 70,000.00 4.500% 26,792.50 96,792.50 96,792.50 02_/01/2021 75,000.00_ 4.550% 98,642.50 98,642.50 02/01/2022 80,000.00 4.600% _23,642.50 20,230.00 100,230.00 100,230.00 02/01/2023 80,000.00 4.650% 16,550.00 96,550.00 96,550.00 02/01/2024 85,000.00 4.700% 12,830.00 97,830.00 97,830.00 02/01/2025 90,000.00 4.750% 8,835.00 98,835.00 98,835.00 02/01/2026 95,000.00 4.800% 4,560.00 99,560.00 99,560.00 Total $1,240,000.00 - $678,694.03 $1,918,694.03 $1,918,694.03 Ser 06 $1.2M Net GO U611 I SINGLE PURPOSE 1 1/26/2006 11:19 AM Ehlers & Associates, Inc. Leadei sin Public Page -467- w ( City of Mound, MN $3l5,000 General Obligation Series 2006C | | Dated &nrU ll, 2086 Debt Service Schedule Date Principal Coupon Interest Tota|PH 02m1o00 60/000.00 3.800% 10,170.14 n\\ruw 02/01/2008 60/00.00 3.900+ 10,345.00 70,345.00 02/01/2009 ao/mv.00 *.000m 8,00 5.00 68,005.00 ozm/oo/o 65.000.00 4.100m 5.605.00 70.605.00 02/01o011 70000.00 *.zuom z*mov ommoo Total S315,000.00 S37,065.14 $352,065.14 Yield Statistics Bond Year Dollars $908.75 Average Life 2.8 85Y ears Net Interest Cost (NIQ 4.4253249% True Interest Cost (TIC) 4.4462321% Bond Yield for Arbitrage Purposes 4.0684971% All Inclusive Cost (AIC) 5.6832973% IRS Form 8038 Net Interest Cost 4.0786949% Ser 06 $300K Equip certs| SINGLE PURPOSE | 1/26/20061 11:18 AM -470- 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Carlton Moore, Director of Public Works Date: February 14, 2006 Subject Agreement for Professional Services — Consulting Engineering Services Background In the fall of 2005 the City sent out request for proposals to six area engineering firms that provide engineering services to local municipalities. A total of four proposals were received. The four firms that submitted proposals were interviewed on January 6, 2006. Two finalists were selected for an additional interview as they both were very qualified and additional information was requested to assist in making the final selection. On January 19, 2006 the final interviews were conducted and the firm of Bolton & Menk was selected. Bolton & Menk was founded in 1949 in Mankato and now has seven offices in Minnesota and Iowa. They have an office in Chaska where our services will be based. The City Engineer will be Dan Faulkner who will be at the Council meeting and be introduced to the Council. Dan has 16 years of experience as the City Engineer with the City of Plymouth, Minnesota. Bolton & Menk is a full service engineering firm which provides all the necessary engineering services a municipality typically needs. They are currently the City Engineer for a number of area communities including; Waconia, Watertown, Woodland, Deephaven, Greenwood, Mayer, 'New Germany and Norwood / Young America. Agreement The proposed agreement is for a three year term which is automatically renewed unless either party wishes to cancel. The City Engineer designee cannot be replaced unless the City agrees. An attractive feature to the proposed agreement is the number of "no charge° services which the City will receive including the City Engineer's attendance at Council meetings. Staff feels the proposed scope of services is well defined and covers the needs of the City. Recommendation It is recommended the Council adopt the attached resolution authorizing execution of the Agreement for Professional Services — Consulting City Engineering Services. -471- AGREEMENT FOR PROFESSIONAL SERVICES CONSULTING CITY ENGINEERING SERVICES CITY OF MOUND, MINNESOTA This Agreement, made this day of , 2006, by and between the City of Mound, Minnesota, 5341 Maywood Road, Mound, MN 55364 -1687, hereinafter referred to as CLIENT, and Bolton & Menk, Inc., 2638 Shadow Lane, Suite 200, Chaska, MN 55318 -1172, hereinafter referred to as CONSULTANT. WITNESS, whereas the CLIENT requires professional engineering and surveying services in association with providing Consulting City Engineering Services and whereas the CONSULTANT agrees to furnish the various professional services required by the CLIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: SECTION I - CONSULTANT'S SERVICES A. The CONSULTANT agrees to perform professional engineering and surveying services as described in Exhibit I. B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described in Exhibit I or as described in Paragraph W.B. SECTION II - THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CLIENT will assist the CONSULTANT in determining the extent to which the information provided may be relied upon to perform services. C. The CLIENT will work with the CONSULTANT to obtain entry upon both public and private lands effected by and associated with CONSULTANT'S services. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in CONSULTANT'S services. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to Page 1 of 11 -472- transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to CONSULTANT'S services. F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of CONSULTANT'S services. G. The CLIENT will work with the CONSULTANT as needed to apply for any and all regulatory permits required for the proper and legal execution of CONSULTANT'S services. H. The CLIENT will hire, when requested by the CONSULTANT, an independent testing company to perform laboratory and material testing services, and soil investigation that can be justified to complete a proper design and the CONSULTANT'S services. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. SECTION III - COMPENSATION FOR SERVICES A. COMPENSATION CHARGE METHODOLOGY: Compensation for all services performed by the CONSULTANT on behalf of the CLIENT in accordance with Exhibit I will be on an hourly basis in accordance with the 2006 Billing Schedules included below. B. HOURLY BILLING SCHEDULES: 2006 Hourly Billing Schedule For Key Mound Staff Kev Individual* Hourly Rate Special Rate ** Dan Faulkner, Consultant City Engineer .......................... $ 125 $ 65 Dan Lonnes, Assistant Consultant City Engineer ............ $ 88 $ 55 Primary Resident Project Representative (RPR) * ** ........ $ 92 $ 55 John Swanson, Senior Project Engineer ........................... $ 108 Sheila DeWolf, Project Engineer ...... ............................... $ 88 Dennis Saari, Senior Technician ....... ............................... $ 105 Dave Poggi, Design Engineer ............ ............................... $ 88 Harvey Samson, Licensed Surveyor .. ............................... $ 105 * Any modifications to the list of Key Individuals prior to the end of contract period shall be approved by the CLIENT. "Applies to non - project related general city engineering services: Dan Faulkner — first 20 hours per month Dan Lonnes — first 10 hours per month Primary RPR — first 10 hours per month * ** The CLIENT must approve the Primary RPR to be utilized by the CONSULTANT. 2006 Hourly Billing Schedule For General Staff Page 2 of 11 -473- Principal Engineer /Surveyor ................................. ............................... Associate Engineer /Surveyor ................................ ............................... Project Manager /Senior Project Engineer ............. ............................... Project/Design Engineer ........................................ ............................... LicensedSurveyor ................................................. ............................... ProjectSurveyor .................................................... ............................... SeniorTechnician .................................................. ............................... Technician............................................................. ............................... Clerical.................................................................. ............................... GPS /Robotic Survey Equipment ........................... ............................... CityCouncil Meetings .......................................... ............................... AutoCAD /Computer Time .................................... ............................... OfficeSupplies ...................................................... ............................... In House Photo Copying / Reproduction .............. ............................... Field Supplies /Survey Stakes & Equipment ........ ............................... Telephone/Cell Phone .......................................... ............................... Mileage.................................................................. ............................... $120- 155/Hour $95- 130/Hour $100- 130/Hour $55 -115 /Hour $70- 110/Hour $50- 85/Hour $55- 115/Hour $40- 85/Hour $30- 75/Hour $45- 70/Hour No Charge No Charge No Charge No Charge No Charge No Charge No Charge Hourly charges for work completed are based on hours spent at the hourly rates in effect for the individuals performing the work. The hourly rates vary according to skill and experience. The Hourly Billing Schedules identified herein shall apply for the period through 2006. These rates may be adjusted annually thereafter to account for changed labor costs, inflation or changed overhead . conditions. The hourly rates identified herein include labor, general business and other normal and customary expenses associated with operating a professional business and include vehicle and personal expenses, mileage, telephone, cell phone, survey stakes and routine expendable supplies; and no separate charges will be made for these activities and materials. Extraordinary expenses beyond the agreed scope of services and non- routine expenses, such as outsourced photocopying /reproductions, out - sourced graphics, document recording fees, and permit fees will be pre- approved and invoiced separately. C. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates and methodology. SECTION IV - GENERAL A. STANDARD OF CARE Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar conditions. B. CHANGE IN SERVICE SCOPE Page 3of11 -474- In the event the CLIENT changes or is required to change the scope of the CONSULTANT'S services as described in Section I and/or the applicable addendum, and such changes require Additional Services by the CONSULTANT, the CONSULTANT shall be entitled to compensation at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such additional services. The CLIENT may request an estimate of additional cost from the CONSULTANT, and upon receipt of the request, the CONSULTANT shall furnish such, prior to authorization of the changed scope of work. C. LIMITATION OF LIABILITY CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials, agents and employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligence act or omission by CONSULTANT'S employees, agents, or subconsultants. In no event shall CLIENT be liable to CONSULTANT for consequential, incidental, indirect, special, or punitive damages. CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligence act or omission by CLIENT'S employees, agents, or consultants. In no event shall CONSULTANT be liable to CLIENT for consequential, incidental, indirect, special, or punitive damages. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this Agreement are being performed solely for the CLIENT'S benefit and no other entity shall have any claim against the CONSULTANT because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of the paragraph. D. INSURANCE The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage. The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, general liability insurance coverage insuring CONSULTANT against claims for bodily injury, death or property damage arising out of CONSULTANT'S general business activities (including automobile use). The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $1,000,000. During the period of service provision, the CONSULTANT also agrees to maintain, at CONSULTANT'S expense, Professional Liability Insurance coverage insuring CONSULTANT against damages for legal liability arising from an error, omission or negligent act in the performance of professional services required by this agreement, providing that such coverage is reasonably available at commercially affordable premiums. For purposes of this agreement, "reasonably available" and "commercially affordable" shall mean that more than half of the design professionals practicing in this state in CONSULTANT'S discipline are able to obtain coverage. The professional liability insurance policy shall provide coverage for each occurrence in the amount of $1,000,000 and annual aggregate of $1,000,000 on a claims -made basis. In addition, the consultant shall name the CLIENT an additional insured and maintain this status during the term of this Contract. The CONSULTANT shall provide CLIENT with certificates of insurance, showing evidence of required coverages. Page 4 of 11 -475- E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of construction cost will generally be based upon public construction cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the CLIENT and the CONSULTANT does not warrant or guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project financing should be based upon contracted construction costs with appropriate contingencies. F. CONSTRUCTION SERVICES It is agreed that the CONSULTANT and its representatives shall not be responsible for the means, methods, techniques, schedules or procedures of construction selected by the contractor or the safety precautions or programs incident to the work of the contractor. G. USE OF ELECTRONIC/DIGITAL DATA Because of the potential instability of electronic /digital data and susceptibility to unauthorized changes, copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by CONSULTANT. Except for electronic /digital data which is specifically identified as a project deliverable by this AGREEMENT or except as otherwise explicitly provided in this AGREEMENT, all electronic /digital data developed by the CONSULTANT as part of the CONSULTANTS services are acknowledged to be an internal working document for the CONSULTANT'S purposes solely and any such information provided to the CLIENT shall be on an "AS IS" basis strictly for the convenience of the CLIENT without any warranties of any kind. As such, the CLIENT is advised and acknowledges that use of such information may require substantial modification and independent verification by the CLIENT (or its designees). Provision of electronic /digital data, whether required by this Agreement or provided as a convenience to the Client, does not include any license of software or other systems necessary to read, use or reproduce the information. It is the responsibility of the CLIENT to verify compatibility with its system and long -term stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from third party use or any adaptation or distribution of electronic /digital data provided under this AGREEMENT, unless such third party use and adaptation or distribution is explicitly authorized by this AGREEMENT or subsequent agreement(s). H. REUSE OF DOCUMENTS Drawings and Specifications and all other documents (including electronic and digital versions of any documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are instruments of service in respect to the Project and CONSULTANT shall retain an ownership interest therein. Upon payment of all fees owed to the CONSULTANT, the CLIENT shall acquire an ownership interest in all identified deliverables, including Plans and Specifications, for any reasonable use relative to the Project and the general operations of the CLIENT. CLIENT may make and disseminate copies for information and reference in connection with the use and maintenance of the Project by the CLIENT. However, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project and any reuse other than that specifically intended by this AGREEMENT will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT. Page 5 of 11 -476- I. CONFIDENTIALITY CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than CONSULTANT'S employees and subconsultants any information obtained from CLIENT not previously in the public domain or not otherwise previously known to or generated by CONSULTANT. These provisions shall not apply to information in whatever form that comes into the public domain through no fault of CONSULTANT; or is furnished to CONSULTANT by a third party who is under no obligation to keep such information confidential; or is information for which the CONSULTANT is required to provide by law or authority with proper jurisdiction; or is information upon which the CONSULTANT must rely for defense of any claim or legal action. PERIOD OF AGREEMENT This Agreement will remain in effect for a period of three (3) years or after which time the Agreement may be extended upon mutual agreement of both parties. K. PAYMENTS If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days after date of the CONSULTANT'S invoice, a service charge of one and one -half percent (1.5 %) per month or the maximum rate permitted by law, whichever is less, will be charged on any unpaid balance. In addition after giving seven days' written notice to CLIENT, CONSULTANT may, without waiving any claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT, suspend services and withhold project deliverables due under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges. L. TERMINATION In addition to the right of termination granted client in paragraph SA. this Agreement may be terminated by either party for any reason, which reason shall be deemed legally sufficient, or for convenience by either party upon thirty (30) days written notice. In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination, computed in accordance with Section III of this Agreement. M. CONTINGENT FEE The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from award or making of this Agreement. N. NON-DISCRIMINATION The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants and vendors are treated without regard to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital status, public assistance status or any other characteristic protected by federal, state or local law. Page 6of11 -477- 0. CONTROLLING LAW This Agreement is to be governed by the law of the State of Minnesota. P. DISPUTE RESOLUTION CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall first be submitted to mediation by a mediator mutually agreeable to the parties.. CONSULTANT and the CLIENT agree to require. an equivalent mediation process governing all contractors, sub - contractors, suppliers, consultants, and fabricators concerned with this contract. The parties reserve all rights and remedies available to them at law or in equity in the event the dispute is not resolved by mediation. Q. SURVIVAL All obligations, representations and provisions made in or given in Section IV of this Agreement will survive the completion of all services of the CONSULTANT under this Agreement or the termination of this Agreement for any reason. R. SEVERABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. S. ADDITIONAL TERMS AND CONDITIONS 1. The CONSULTANT shall not assign any interest in this contract and shall not transfer any interest in the same without prior written consent of the CLIENT. 2. For the purposes of this agreement, the CONSULTANT shall be deemed to be an independent contractor and not an employee of the CLIENT. Any and all agents, servants or employees of the CONSULTANT or other person, while engaged in the performance of any work or services required to be performed by the CLIENT under this agreement, shall not be considered employees of the CLIENT and any and all actions which arise as a consequence of any act or omission on the part of the CONSULTANT, its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the CLIENT. The CONSULTANT, its agents, servants or employees shall be entitled to none of the rights, privileges or benefits of the CLIENT employees, except as otherwise may be stated herein. 3. The CONSULTANT further agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the CONSULTANT'S performance of the provisions of this agreement. 4. If, for any reason, the CONSULTANT shall fail to fulfill in timely and proper manner the obligations under the contract, the CLIENT shall reserve the right to terminate the contract by specifying the date of termination in a written notice to the CONSULTANT at least thirty Page 7 of 11 sm (30) calendar days before the termination date. In this event, the CONSULANT shall be entitled to just and equitable compensation for any satisfactory work completed. I 5. No official or employee of the CLIENT who exercises any responsibilities in the review, approval or carrying out of the contract shall participate in any decision which affects his or her direct or indirect personal or financial interest. 6. Books, records, documents and accounting procedures and practices of consultant (with regard to this contract) are subject to examination by the CLIENT, and the Legislative Auditor, or State Auditor as appropriate. (The balance of this page has been left blank intentionally) Page 8 of 11 -479- SECTION V - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: City of Mound, Minnesota Printed Name: Date: Attest: Printed Name: Title: CONSULTANT: Bolton & �M/.e�nk, Inc. By: Printed Name: Kreq Title: SeWoi- ArtoGfb�t 6,Qfhee, Date: S J 0 b Attest: Printed Name: �)j_1P / L.� Title: / 9 OY, 0 Date: c?=/ b L4 Page 9 of 11 M:1 EXHIBIT I CONSULTING CITY ENGINEERING SERVICES CITY OF MOUND, MINNESOTA In accordance with the Request for Proposals dated October 14, 2005, the CONSULTANT will furnish the following Consulting City Engineering Services, as requested and authorized by the CLIENT: A. General and Project Management • Assist in planning, coordinating, supervising and evaluating programs, plans, services, equipment and infrastructure • Develop and recommend policies and procedures for effective operation of the department consistent with city policies and relevant laws, rules and regulations and ensures council actions are implemented. • Evaluate public works needs and formulates short and long range plans to meet needs in all areas of public works improvements, including but not limited to streets, water, sewer, storm drainage, street lights, parks and buildings • Direct engineering activities on projects and oversees project management for the construction of the municipal public works projects • Ensure that costs and fees are charged back to development projects; work with the Finance Director to monitor charges and revenues associated with development projects • Assist with the preparation of annual engineering budget and monitors expenditures B. Construction Services (Public and Private Projects) • Plan and review construction projects and specifications • Monitor the construction process for compliance with codes, regulations, standards and with approved plans; assure financial accountability of private projects as they relate to escrows and letters of credit. Provide advice to the City during performance of construction projects and shall give consideration and advice to the City during the performance of services • Prepare and review construction plans • Review bids and prepare bid tabulations • Perform construction staking and surveying C. Preparation of Engineering Reports and Technical Correspondence • Determine the need for preliminary studies, reviews all preliminary studies for compliance with ordinances, comprehensive plans, engineering standards and financial guidelines including: • Feasibility reports • Construction inspection • Assist with assessment rolls • Plat review • Utility studies • Traffic studies • State aid reports Page 10 of 11 W; • Storm water system analysis and Management Plan . • Capital Improvement Planning studies • Prepare comments regarding reports, plans and studies of other agencies • Present feasibility studies at public meetings D. Participate in City meetings, including: • Internal and external meetings involving engineering questions and issues • Meet with developer and members of the public on proposed development projects, in order to relate the processes and procedures involved with engineering and infrastructure development. Review development proposals for conformance with City Standards • Act as City liaison and City representative with other communities and county, state and federal agencies in areas of responsibility • Attend City Council meetings and work sessions, as needed • Attend Parks, Open Space and Docks Advisory Commission, and Planning Commission meetings, as needed • Attend other City meetings, as needed E. Respond to Constituent Requests and Issues as Directed by Staff • Perform field inspections • Address constituent concerns personally and in writing • Make public presentations • Provide recommendations to staff and City Council Page 11 of 11 ERYA 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 STAFF REPORT To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: January 31, 2006 Re: Appeals and the Board of Adjustment and Appeals —1599 Bluebird Lane Summary. At its January 9ti' meeting, the Planning Commission reviewed a request from Mike and Judy Gardner, pursuant to City Code Chapter 350.510 (Appeals and the Board of Adjustment), to include the 15'x 160' section of unimproved Woodland Road in the square footage of their property located at 1599 Bluebird Lane for the purpose of calculating hardcover. The request was subsequently tabled to the January 23"' meeting so as to allow the City Attorney to attend the meeting and comment on the request and the involved settlement agreement(s.) Process. As this request is for an interpretation of the City Code, it is being reviewed in accordance with the provisions of City Code Chapter 350.510 (Appeals and the Board of Adjustment and Appeals.) According to City Code Chapter 350:510, Subd. 1, the Board of Appeals and Adjustment is the City Council. Prior to review by the City Council, Planning Commission review is required. Discussion. The City Council approved a contingent settlement agreement with the applicant (the "Settlement Agreement ") whereby the City agrees that it currently has no interest in the unimproved portion of Woodland Road, and that its rights to that portion of Woodland Road are as set out in the Agreement that settled the earlier litigation of Bailey et al. V. Lien et al. ( "Commons Agreement'). • Specifically, the City has concluded that the unimproved portion of Woodland Road is not a public street due to the nature of the dedication in the plat, and to the fact it was never opened and improved for street purposes. • As part of the Settlement Agreement the applicant has the opportunity to request that the City agree to allow applicant to be able to utilize the area lying within the north' /2 of the unimproved Woodland Road to be used by applicant to calculate hardcover for future development of applicant's property. • Applicant is not requesting a variance or any other permit or approval from the City at this time. Applicant is only requesting that the City agree now that if, in the future the applicant wishes to further develop its property, the hardcover calculation (expressed as a percentage) include the north Y2 of unimproved Woodland Road. If that calculation shows that the proposed development will exceed allowable hard cover, applicant will be required to obtain a variance in order to proceed with the development. • While lot coverage is ordinarily measured from the lot lines of a lot, and does not include any part of an abutting street (See Code Sections 350.645 subd. 1 and 350.310 subd.78); a different result may be suggested in this case due to the following special circumstances: (i) Woodland Road abutting applicant's property is not dedicated to the public, and it has never been opened for use as a street. (ii) The Commons Agreement prevents improvement of Woodland Road for use as a street. In fact the bituminous trail currently in place there will be removed when it deteriorates. (iii) The rights of the public and owners of land in Woodland Point to the unimproved portion of Woodland Road are more in the nature of easements than in the nature of a dedicated roadway. • Copies of the Settlement Agreement(s) have been included. Staff Recommendation. Staff recommended that the SF in the north 1/2 of unimproved Woodland Road be included in the square footage of the property located at 1599 Bluebird Lane for the purposes of calculating hardcover. PC Recommendation. The Planning Commission voted 6 to 2 to recommend denial of the request. Members recommending denial expressed concern about precedence of the proposed action. Copies of the January 9t' and January 23`d Planning Commission meeting minute excerpts have been included. Due to conflicting Staff and Planning Commission recommendations, a resolution has not been prepared but will be brought back to a subsequent City Council meeting for action. Additional Comment. • The application was deemed to be complete on January 4, 2006. Therefore, the City has until March 4, 2006 to approve or deny the application unless an extension is executed per M.S.S. 15.99. • Page 2 1 MINUTES MOUND ADVISORY PLANNING COMMISSION JANUARY 9, 2006 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:04 p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Ory Burma, Becky Glister, Cklair Hasse, David Miller, Michael Mueller and Dave Osmek. Absent: Jorj Ayaz. Staff present: Community Development Director Sarah Smith, Planning Consultant Rita Trapp, and Recording Secretary Jill Norlander. The following individuals were present: Bob and Carol Lien (1583 Bluebird Lane) BOARD OF APPEALS Review of request by Mike & Judy Gardner, 1599 Bluebird Lane, to include north '/2 of unimproved Woodland Road for purposes of calculating hardcover per City Code Chapter 350.510 Board of Adjustment and Appeals The applicants are requesting approval by the City of Mound to include the 15' x 160' section of unimproved Woodland Road in the square footage of their property for the purpose of calculating hardcover. The City has concluded that the unimproved portion of Woodland Road is not a public street due to the nature of the dedication in the plat, and the fact it was never opened and improved for street purposes. As part of the Woodland Settlement Agreement, the applicant has the opportunity to request that the City agree to allow the applicant to be able to utilize the area lying with the north' /2 of the unimproved Woodland Road to be used by the applicant to calculate hardcover for future development of applicant's property. Staff recommends that the SF in the north Y2 of unimproved Woodland Road be included in the square footage of the property located at 1599 Bluebird Lane for the purposes of calculating hardcover. Discussion Mueller confirmed with Smith that Planning Commission review of the request is required prior to action by City Council per City Code and that the proposed Settlement Agreement includes a provision which allows the owners the opportunity to make sma application to the City to request that the north Y2 of Woodland Road be used for the purpose of calculating hardcover. Mueller indicated he was concerned that this decision might impact other properties in the future and also commented on its impact on the original Settlement Agreement. Miller stated that, if, in fact they do own this property; they wouldn't need to come to the City for permission and commented that it would be helpful to have the City Attorney to provide background regarding the request. Bob Lien (1589 Bluebird Lane) indicated that it was clear during the settlement agreement issues in court, that the adjacent, platted right -of -ways belong to the adjacent owners. MOTION by Miller, seconded by Hasse, to table consideration of the item. MOTION carried unanimously. --- MINUTES MOUND ADVISORY PLANNING COMMISSION January 23, 2006 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Ory Burma, Becky Glister, Cklair Hasse, David Miller, Michael Mueller and Dave Osmek. Absent and Excused: ; Staff present: Community Development Director Sarah Smith, Planning Consultant Rita Trapp, City Attorney John Dean and Recording Secretary Jill Norlander. The following individuals were present: Mark Gronberg BOARD OF APPEALS REVIEW OF REQUEST BY MIKE & JUDY GARDNER TO INCLUDE NORTH' /2 OF UNIMPROVED WOODLAND ROAD FOR PURPOSES OF CALCULATING HARDCOVER PER CITY CODE CHAPTER 350.505 BOARD OF ADJUSTMENT AND APPEALS — TABLED AT 1/9106 MEETING Settlement agreements — 1St settled Commons lawsuit (dealt primarily with the commons and indirectly with the roadways; was 1 reference to roadway — paragraph 19 — asphalt trail must remain until it needed to be replaced then be removed and sodded with directions to the commons), 2nd approved by City Council (roadway between commons and Bluebird — property interests of City and adjacent property owners; indicates that city does not have fee title but can't say that the adjacent owner does; tries to describe what the various interests do have; utilities, docks and emergency vehicles = City rights; Are we doing any harm in the 2nd agreement to the 1St agreement? 2nd agreement states that all provisions of 1St agreement shall remain in place; the 2nd agreement adds more detail; (answer to question is "no ") Are we setting a precedent? 1) not increasing the size of their lots, not annexing, only allowing them to use the square footage for calculation of hardcover; 2) the only thing that can be done to that area is sodding once the pavement needs to be replaced. The CC discussion indicated this was a very, very good settlement for the City. It is beneficial for the City; however, PC's concern should be from a zoning standpoint. MAB-M Mueller made the point that there are other areas in Woodland Point that this condition would apply. Mr. Dean indicated that there may be similar areas, but they are not granted special provisions in the settlement agreement. He also said that he suspected that this is the only location that this would specifically apply. We are not granting any ownership ability that was not granted in the 1St agreement. MOTION by Mueller, seconded by Hasse, to deny using of adjacent Woodland Road for use in figuring hardcover. MOTION carried. Voting for: Mueller, Glister, Michael, Hasse, Ayaz and Miller. Voting against: Burma and Osmek. Burma felt that granting this now may preserve some of the rights that might likely be taken if the denial results in a lawsuit. Findings of fact: We are laying groundwork for any non -City dedicated, unimproved right of ways to be included in anyone's calculations that abuts them. `°Inco z xro0 +00-n rn rt� b —•co- M N� m a 0 0 OU) 0 0 r l T. D wrn0 cc (n rt .Z 0 0 -I �r- ar+z.0 moo- 0 To 00 -- l Z O rt—i0 to (D w l 0 O 0 t 0 :7 to rt O 0 3 LA < 0 0 0 C D O 1S U/ + —• 00 CD cl —o0 r Nv, t W O w o m b ,V ti I c i 0 0 t �l r� &LUEa1RD LAVE -489- 0 ✓ti vv UO 0 O O r D = z n mo m z -z -0 --� O Z, > D O D m z p 0 V D in ;17 C z < m MZ --< U) D 'T1 Q� p O y D m D D m D O Z D cn D n O 0 7F Dec ei119U P00d: 5oa planning and Building 95247206'79No.1198 P. 5 P.2 CITY OF MOUND R Z N n i HARDCOVER CALCULATIONS L - 1/N'1J --48 (IMPERVIOUS SURFACE COVERAGE) / IS95 42)i-orr ajAQ cAvr�- OWNER'S NAME: [ lW tL Jv4 4k0A) L- LOT AREA SQ. FT. X 30% = (for all lots) ........... ............................... LOT ARE t'. ; 7 :) )SQ. FT. X 40% = (for Lots of Record) ................. ............. l LOT AREA SQ. FT., X 156/6 = (for detached buildings only)................... • E;&sng lots of R rd may have 40 perosM coverage provided that techniques are utilized. as outlined In Zoning Ordinance Section 350:1225. Subd- ez 1 (See back)" A I Ian must be submitted and approved by the Wining Official. (LENGTH WIDTH SQ FT HOUSE I(J1 3 2(0. X .2fo.(a = 7�tl� . k X .2 '7- 2— A 170. r SSA37 TOTAL HOUSE.. .... . ... `7 3 DETACHED BUILDINGS X - (GARAGE/SHEO X - X TOTAL DETACHED BUILDINGS- .............. DRIVEWAY, PARKING PwA `1 e2 g' X `. +_........ AREAS, SIDEWALKS, 04,Jf.w,; r� 1 X ;Z 1- -A- _ Z ETC. S f.QTw'•K 7C. 1 J x q, TOTAL DRIVEWAY. ETC ................. ................... DECKS open decks (1!4" min. 1 `� x 10 Opening between boards) with a X = pervious surface under am not counted as tardoover X = TOTALDECK ............ .................. ... ...... .,............_...... L/O X X = TOTAL OTHER ...... ... ........... .................... ... TOTAL HARDCOVER/ IMPERVIOUS SURFACE..................... ............................... 1 3SS NDER OVER (indicate difference) ................... ...... ..•--- ............- -_ -... _..... ..... PREPARED BY DATE fig Re%"d 04x01102 10 •1 STATE OF MINNESOTA COUNTY OF HENNEPIN Michael S. Gardner and Judy M. Gardner Plaintiffs, V. City of Mound, a Minnesota municipal corporation, Defendant. DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Other Court File No: CT 05- 016627 SETTLEMENT AGREEMENT - - WHEREAS, Michael and Judy Gardner (hereinafter the "Gardners ", or the "Plaintiffs ") are the owners of real property located at 1599 Bluebird Lane, Mound, Minnesota, and legally described as Lots 18 and 19, Block 6, Woodland Point, Hennepin County, Minnesota (hereinafter the "Property "); and WHEREAS, the Plaintiffs sued the City of Mound (hereinafter the "City ") in the above- captioned matter claiming that (1) the Plaintiffs own the underlying fee title to the certain right of way commonly known as the north 1/2 of Woodland Road that abuts the Property (hereinafter the Right of Way, or ROW); (2) the ROW is a private easement to be used only by Woodland Point residents and selected non - Woodland Point City residents; and -491- WHEREAS, the ROW has never been opened by the City to travel by the public and is not currently an open public ROW; and WHEREAS, the Plaintiffs previously petitioned the City to vacate the ROW and the City denied the petition to vacate and by virtue of that action, the ROW remains an unopened ROW; and WHEREAS, the ROW and the "Street Ends" related to the ROW are the subject of that certain Settlement Agreement in Hennepin County Court File MC97- 15540, attached hereto as Exhibit A (hereinafter the "Commons Agreement ''); and WHEREAS, the Commons Agreement at paragraph 19 sets out certain obligations of the City and the Plaintiffs with respect to the ROW upon the occurrence of a certain physical condition of the ROW; and WHEREAS, there is a continuing need for City vehicular access on the ROW and Street Ends for necessary public purposes including the administration of the Dock Program referenced in the Commons Agreement, for access to City utilities located in the ROW and emergency vehicle access; and WHEREAS, the City is not in a position to grant fee title to ROW or Street Ends, but can acknowledge its lack of fee title to the ROW and Street Ends and can acknowledge the City's limited access to the ROW and Street Ends pursuant to the Commons Agreement, and the Plaintiffs, as abutting owners, acknowledge the ongoing nature of the ROW and access afforded by the Settlement Agreement; and WHEREAS, the Plaintiffs want to be able to use the ROW as a hard surface credit for any construction that is done on the Property and the Plaintiffs understand that such a 2 -492- request is subject to City ordinances, policies and procedures before any such credit can be granted; and WHEREAS, the above - captioned lawsuit has been filed with the Court as Court File No. CT 05- 016627 and the parties wish to resolve the above - captioned lawsuit by agreeing to the following: 1. INCORPORATION. All of the recitals set forth above are incorporated and made part of this Agreement. 2. ACKNOWLEDGEMENT OF THE PARTIES. The City hereby acknowledges that it does not claim fee title to the ROW or the Street End related to the ROW referenced in the Commons Agreement, but simply retains a right of way easement over the ROW, including a right to maintain utilities and for vehicular access as set forth above, and the Plaintiffs hereby acknowledge the City's ongoing interest in the ROW for such purposes. 3. LIMITED ACCESS. The City and the Plaintiffs agree that the ROW is an unopened right of way and may be used by Woodland Point residents and those non - Woodland Point City residents who have dock licenses for docks in the Commons as referenced in the Settlement Agreement, in addition to the vehicular access by the City referenced above and other emergency vehicle access as is necessary for the protection of the public health, safety and welfare and access to repair and maintain the public utilities in the ROW. 4. COMMONS AGREEMENT. The obligations of the parties as set forth in paragraph 19 of the Settlement Agreement are not affected by this Agreement. 3 -493- 5. CONTINGENCY.. This Agreement and the obligations of the parties herein are contingent upon the Plaintiffs filing with the City the necessary variance/ application for hard surface credit (the Application") for the area of the ROW for construction on the Property. If the request for such credit is granted this Agreement shall be given full force and effect. If the request is denied, this Agreement shall be null and void and of no effect and neither this Agreement nor any of the negotiations leading to this Agreement shall be admissible in the above captioned lawsuit. The Plaintiffs understand and acknowledge that the City by this Agreement, is not bound to approve the Application for hard surface credit and that the Application shall be processed in accord with the City's usual procedures with the City retaining its ordinary discretion is such matters. The Plaintiffs shall file the Application not later than December 30, 2005 and may not withdraw the Application prior to City Council action either approving or denying the Application. 6. DISMISSAL. The Plaintiffs shall execute the Notice of Voluntary Dismissal With Prejudice, attached hereto as Exhibit B, and file the same with the Court. 7. ENTIRE AGREEMENT. This Agreement fully incorporates all prior discussions and agreements between the parties. 8. AGREEMENT EFFECTIVE. This Agreement is effective upon execution by all parties, subject to the contingencies stated herein. 9. AGREEMENT RUNS WITH THE PROPERTY. This Agreement is binding on the Plaintiffs and all successors and assigns of the Plaintiffs' rights to the Property and runs with and is binding upon the Property, and this Agreement shall be recorded in the Office of the Hennepin County Recorder. 4 -494- IN WITNESS WHEREOF, each party to this Settlement Agreement has caused it to be executed on the date indicated below: Dated: 2 Dated: State of Minnesota ) ) ss County of Hennepin ) Michael S. Gardner tom. This instrument was acknowledged before me this day of R-?, I , '20_0Y by Michael S. Gardner_ and Judy M. Gardner. Ryan Darrel Simafranca Notary Public 40 Minnesota my commission Expires Janua 31, 2010 Dated: 3 0S Dated: By: Its: Mayor ,f By: Its: City Clerk 5 -495- State of Minnesota ) ) ss County of Hennepin ) This instrument was acknowledged before me this day of 20 by'JT M�f 5ej and � �, �� V_ the Mayor and City Clerk of the City of Mound, a municipal .corporation under the laws of Minnesota on behalf of such municipal corporation. This Document Draft By: Hoff, Barry & Kuderer, P.A. 160 Flagship Corporate Center 775 Prairie Center Drive - -Eden Prairie, MN 55344 -7319 <�� I �0_� Notary ublic STATE OF MINNESOTA COUNTY OF HENNEPIN Michael S. Gardner and Judy M. Gardner Plaintiffs, V. City of Mound, a Minnesota municipal corporation, Defendant. DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Other Court File No: CT 05- 016627 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE PLEASE TAKE NOTICE that the undersigned attorney for Plaintiffs in the above - entitled matter, pursuant to Rule 41.01(a) of the Minnesota Rules of Civil Procedure, hereby voluntarily dismisses the above - entitled matter with prejudice and without costs or disbursements to either party. Dated: 1,t—, 7 , 2005 Ryan D. Simafranca ( #0256122) Simafranca Law Office 125 Lake Street West, Suite 200 Wayzata, MN 55391 (952) 200 -6678 Attorney for Plaintiffs -497- MIBIT A SETTLEMENT AGREEMENT As Modified by Court Order Bailey et al. v. Lien et a1. Hennepin County Court Pile No. MC97 -15540 The parties to this litigation agree as follows: Property interests CAP Owners of the adjoining parcels have fee simple title to segments of Wawonaissa and Wauri_ka Commons. The boundaries of each segment are lines that extend from the side lines of the adjoining parcel. The parts of the Commons that adjoin platted streets are owned in fee simple by the fee simple owners of the adjoining streets according to the normal rules for detenr,;r;i,;g fee ownership of platted streets as summarized in Exhibit .l to this Agreement. 2. Canary Beach is -the- portion of Waurika Common. that was defeated by th- Court in its partial summary judgment ruling dated March 3, 1999. Canary Beach has been dedicated to the public through common law dedication and is subject to control by the City for parkland purposes. The public holds a perpetual exclusive easement for beach,. park and dockage purposes in Canary Beach. 3, All proparty ' owners in the Woodland Point subdivision have an easement as to Wawonaissa Commons and Waurika Commons as those Commons are delineated on the 1906 Plat of Woodland Point., This Agreement describes the easement rights of the City.. and of all property owners in the Woodland Point subdivision over the Commons. The City has an easement in the segments of the Commons at street ends for purposes of the multiple slip docks described in this Agreement; the boundaries of each such segment are lines that extend from the outer boundaries. of the street to the lakeshore. Except for Canary Beach (where the public's easemnt is exclusive), the easements to use the Commons set forth in this Settlement Agreement are perpetual, non - exclusive easements appurtenant to all parcels in Woodland Point — abutting parcels and inland parcels as the case may be. These easements supersede the easements in the Commons for .private streets and avenues dedicated in the .1906 Plat of Woodland Point. 3a. The City may retain, utilize, maintain and replace .utilities presently located in Wawonaissa and Waurika Commons, including storm and sanitary sewer pipe, manholes, water lines =d hydrants. ` Multiple slip docks to be provided by the City 4. The City will, through its dock fund, pay 100% of the cost of new multiple slip docks at street ends in Woodland Point. This will consist of- one 2 - boat dock at Gull Lane; one 4 - boat dock at Finch Lane; KRC- i9�135v3 7 Bps -3a -498- viii - luvullL V.1"I LI.iAl\ JVVV /u1V one '4 - boat. dock at Eagle Lane; one 4 - boat dock at Dove Lane; one 4 boat dock -at Bluebird Lane North; one 2 - boat dock at Woo-dlamd Road; and one 2 - boat dock at Bluebird Lane South. No more slips may be provided at any one location than are specified above, nor may fewer slips than specified be provided unless there is insufficient demand for slips by Woodland Point residents, These docks will be configured as straight docks. A diagram of the dock at Chill Lane is attached as Exhibit 2; a diagram of the docks at Finch Lane, Eagle sane and =Bluebird Lane North is attached as Exhibit 3; a diagram of the dock at Dove Lane is attached as Exhibit 4; and a di Karam of the dock at Woodland Road is attached as Exhibit S. In the event that any slip becomes unusable because of climatic-or water level changes, the City is not obligated to provide additional dockage or provide alternative sites_ 5. The City will provide a maximum of 22 Boat Storage Units (`BSUs "), but not lesls than 22 BSUs unless there is insufficient demand, for the nontabutting residents in the future _ -as - outlined -- herein ' nder- the- City!s- blanket- Lake - iv2=etonka -- Conservation District _ ( "LMCD') license. 6. The parties agree that they will use their best efforts and will cooperate to obtain any approvals that may be needed from LMCD for construction of the multiple slip docks. 7. The City will install and remove its docks each year, 8. The City will be responsible for all maintenance or replacement of its docks in the future, at its discretion ( 9.) The City will administer a dock program for the multiple slip docks referred to in ✓ paragraph 4.. This will include, but will not be limited to collecting fees, sending, mailings and notices, and maintaining records and waiting lists. 10. Docks for the year 2001 boating season will be assigned first to Woodland Point residents who paid a dock feedn .1999. Woodland Point residents who applied in 1999 but were not awarded a dock will get second priority for the year 2001 boating season. The City will assign the remaining multiple dock slips in the year 2001 and in following years•with the following priorities: 1st Woodland Point nou- abutters 2nd Woodland point non - abutters who want a second slip 3rd Non - Woodland Point Mound residents. Persons who have been assigned slips will have priority in following years. i:RG19412�v3 � mass -3a -499- uilul /,%uuG 1v. 1v ras aUtYI:.uosu ulli Ur OULUI ,vun_. 11, Any Woodland Point residents using the multiple docks who are assigned a second slip will pay a second full dock fee, Notwithstanding paragraph 10, Woodland Point residents with a second slip will not be reassigned a.,second ship for any season in which demand tan not otherwise be met for primary slips. 12. All multiple dock slip holders will be assigned slips at the location closest to their horrzes to the extent possible, (This could result-in slip holders being moved from year to year as applicants change.) !13. Multiple dock slip fees will be the same as fees for'multiple dock slips throughout the rest of the, City, 'These fees are currently 5150 per-slip, plus the LMCD boat fee. 14. In the event that a woodland Point resident applies for a slip on a multiple slip dock in Woodland Point and that dock has a slip assigned to a non - Woodland Point resident, the non- Woodland Point resident will be assigned a slip outside Woodland Point at the first opportunity but that resident will not be moved until a new location becomes available. 15. There will be no access to the Commons via Gull Lane due to topographic conditions, All such access will be only from Finch Laze _or further west to the Corn-, nS leading up to the all Lane dock, except for those property owners between Gull Lane and Finch - Lane who may access the Commons directly from their property. 16. 14ny non- Woodland Point residents who are assigned slips on the multiple docks must access them through the street end and not across the Commons. Because there is no access via Gull Lane, slips on the Gull Lane dock may not be assigned to any non - Woadland Point resident. 17. It is recommended that the non - abutting slip holders walk to their sites. It is further recommended that their guests park at the slip holder's homes. 18. The abutting properties will no longer be included in the City of Mound's shoreline count The City will only count Canary Beach and the.street ends -in its total count. The abutters will no longer be part of the City's dock program in any way and will not pay any fee to the City. Abutters are permitted to maintain docks on their respective segments., as defined in- paragraph 1; consistent with the City's ri ghts under paragraph 27 anal consistent with requirements unposed by the LMCD -as a condition for the grant, of variances for construction of the multiple slip docks. 7 19. The walkway at Woodland Road will remain as it- is until it is degraded to the point where it must be replaced, at which time the City will remove the asphalt and place black dirt and seeds at the location, without doing landscaping. At that time, petitioners will pay to place a sip at this location to delineate the walkway. 20. All non - abutters will remove their existing docks, lifts, and other dock related Hardware froin the water and easement (Commons and street ends) by December 1, 1999, or they Will forfeit their slips for the following year. KRG194125v3 -500- r�95 -34 07/01/2002 10:15 F_LX 952472UUZU C iTy Ur' XUUV11 JUt1N VrA1N vi uvoi u_La 21. During winter months, the multiple slip docks will be stored on the Commons at the street ends or, if .necessary beoause of topography or snow felimoval needs, as close to the street ends as possible. The dock at Bluebird Lane South will remain installed year round unless conditions, as determined by the City, r�quire removal for personal safety, protection of the dock itself, or other reasons not-reaaed at this time. 22. It is understood that the City will not be doing any dredging in the vicinity of Bluebird Lane South, 23. Owners of the Hillier property (1551 Canary Lane) that abuts Canary Beach are assured a dock location on the frontage of that property at the west end of the Canary Beach property, provided that the boat/dock complex does not encroach beyond the Beach's west property line. •1 24.' The City will construct stairs at Bluebird Lane North, Dove Lane, Eagle Lane and Woodland Road.. Abutters will pay a one -time fee of $300 per household for stairs construction. The multiple slip users will pay a $50- -per year per slip surchaTge foz rive years only. The City will pay the remaining costs from the dock fund.. After five years, the surcharge will. end and the City will be responsible for futare maintenance. - 25. Dock fees paid by any abutring property owner in Woodland Point for the 1999 season will be credited toward the one time stair charge. The balance due will be billed. 26. All rules and regulations as revised over time and published each year by the City that apply to other Mound multiple slip docks wffi apply to the multiple slip docks in Woodland Point except as stated above. Rights to regulate and use Commons 27. The City wall retain regulatory control over VJawonaissa and Waurika Commons only to the ei-tent it has authority over other private lakeshore in the City. Any disputes between neighbors on access, trespassing, or other negotiated agreements between the parties are to be explored and resolved in civil proceedings or mediation rather than through the City. _ 28. All residents of Woodland Point have an easement to access the Commons at street ends and to traverse the Commons close to the lakeshore. .Neither abutters nor. non- abutters mad obstruct the walkway. Absolutely no motorized vehicles w e allowed, and there �Y will be foot traffic only. guests should be accompanied by a Woodland Point resident. The City. will not exercise autthority : izi these civil matters. Any 'disputes between neighbors on access, trespassing, or other negotiated agreements between the parties are to be explored and resolved in civil proceedings or mediation rather ihan through the City. -501 - XRC- 194I3Sv3 'r U7 /01 /YUUZ 1U:17 1'.33 1i5L4'f':Ut5ZU Claims Given Up UITX Ut'' MULUND 4 JU71!N VtAn uJ UUO/ U1D 29. In exchange for benefits under this Agreement, the parties agree to give up their rights to bring elaims set out in or relating to the complaint and answers in this case, and agree to give up all claims which could have been raised relating to Wawonaissa or Waurika Commons. Interpretation, enforcement and notice of this Agreement 30. This Agreement is the complete agreement of the parties relating to this action. This means that no party may rely an prior conversations or statements in interpreting this Agreement. 31. This Agreement will run with the land. This means that the agreement will bind all . persons with an interest in the Conun.ons in the future, 32. This Agreement is contingent on receiving any approvals that may be needed from LMCD or other government bodies for installation of the multiple slip docks.- 33_ This Agreement may be executed in counterparts. 71iis means that it is not necessary for each party to sign the same copy of the Agreement, but that parties may sign separate copies of the Agreement. 34. A copy of this Agreement and Order will be mailed to the owners of all parcels in Woodland point -using the addresses that are maintained by the city or county assessor.- Certified copies of this Agreement and Order will be filed with the Hennepin Coumy Recorder and Registrar of Titles against all parcels in Woodland Point. 35. It is understood that the prior ruling of the Court is of no legal effect, and that this Agreement controls. 36. All disputes arising out of this Settlement Agreement, unless privately. mediated, shall be brought before the' Court under the caption for MC97- 15540. The parties to this Agreement have the right to enforce this Agreement notwithstanding the rights of the - LMCD under paragraph 37(e). — Conditions imposed by the Lake Minnetonka Conservation District (LMCD). 37. The Settlement Agreement is modified in the following way in order to comply with requirements imposed by the Lake Minnetonka Conservation. District (LM-CD) as a coadition for the grant of variances needed for the construction of the multiple slip docks at street ends: The Settlement Agreement, as modified herein by the Court, is binding on all parties, their successors, heirs and assigns, and the Property, and nuns with the Property, and provides permanent restrictions on utilization of the Property as follows: xizc- 194125Y3 -502- VI /vyJ {.V VL yVyl 1'6� GVL'S1LVVLV V.11y Vr J1VV111J - Vvml LL 11\ W_J V V I/ V.LV a. Non abutters shall not place or maintain a dock, nor store or moor any boats at the commons, other.tl= as provided in the Settlement Agreement at the shared docks at the Street Ends, Properties adjacent to the street ends at Finch Lane, Eagle Lane, Bluebird Lane North and Gull Lane (Lot 1, Block 2; Lot 4, Block 1; Lot 1, Block 3; Lot 4, Block 2; Lot I, Block 6; Lot 4, Block 5; and Lot 1, Block 1), shall not place oz maintain any structure, including, without limitation, a dock or store boats or any other watercraft closer than twenty (20) feet to the extension of the street end boundary nearest their Property, and hereby grant a navigational easement over the same area for the purpose of allowing ingress. and egress to the shared docks adjacent to the Property described in this subparagraph. /c. Properties adjacent to the street end of Dove Lane (Lot 1, Block 4; Lot 4, Block 3), shall not place or maintain any structure, including, without limitation, a dock or store boats or any other watercraft closer than ten (10) feat to the extension of the street end boundary nearest their Property, and hereby grant a navigational easement over the same area for the purpose of allowing ingress and egress to the shared docks adjacent to the Property described in this subparagraph. I The City of Mound shall not assign, transfer or otherwise divest itself of any of its rights or responsibilities under this Agreement, or transfer, sell *or convey its _ interests in the street end easements which are created by the Agreement, and any attempted assignment • or transfer in violation of this section shall, result in forfeiture of the right toanaintain shared docks at the street ends. e: The Lake Miimetonka Conservation District is considered a benefited party and may enforce subparagraphs 37(b) — (d) of this Order. f For purposes of paragraph 37, the following definitions apply: i. Abutters Owners of parcels in the Woodland Point subdivision that are listed in Exhibit 6 attached to this Agr- cement ii. Commons Pronerty Property included in Wawonaissa and Waurika Commons as shown on the plat for Woodland Point subdivision. iii. 'Non-abutters Persons owning private property in Woodland Point subdivision other than --- Abutters. KRC- 194.1250 6-503- UI /V1 /LUUA lU.SI l"11 AilA'2I tVU6V Vlii Vl' :11V V1\L � V V31. 1' LL[L]i\ ;J vvvi v�v iv. Street Ends The portions of Waurika and Wawonaissa-Corn-mons located between the street boundaries of Finch Lane, Eagle Lane, Bluebird Lane NorL, Gull Lane, Dove Lane and Woodland Road extended to Lake Minnetonka- This document drafted by: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 ` KRC xRCa�Ticsz3 -504- S EXMIT I TO SE=ENTNT AGREEN ENT SEGMENT OF WAWONAISSA , LOT L1,q ��OODL -kND PODIF ±' COMMON AD. ?ACENT T0. TO WHICH TT IS APPURTENANT South 1/? of'Woodland Road Lot24, B.IoCk 7 North 1/2 of Woodland Road Lot 18, Block 6 _ SEGMENT OF WAU-- LOT IN WOODLAND POINT . COMCYN ADTA, CENT TO: M TO �YHICFi IT X5 APPL]RTEi�iANT Lot 1, Bock 6 West 112 of Bluebird Lane Lot 4, Block 5 East 112 of Bluebird Lane West 1/2 of Canary Lane Lot 1, �Llock 5 East 1/2 of Canary Lane Lot Y, Flock 4 West 112 of Dove lane Lot 1, Block East U2 of Dove Lane ' Lot 4, Block . 3 West 112 of Eazde Lane Lot 1, Block 3 East 1/2 of E,a_le Lane Lot 4, Block 2 West 112 of Finch Lane Lot 1, Flock East 1)2-of Finch Lane _ Lot 4, Block 1 W tst 30' of Gall Lane Lot 1, B 1 ock 1 - 505 -. �I/V1 /GU V:. LV. LO rftA J.7G4i I AUOSU u I l l ur, MUUINy J 010 / 015 t!�L :-5e� -nom - . 304 5 ll . -506- EXHIBIT 4 TO SETTLEME i .4,GREENfZNT .I . 1 -507- ` slip Sizes V! /VS /wUUG. sV .sv rnn uv�zi iuvr,v EXHMYT 5 TO SETTLEMENT A( REEIYIENT 1 i �_rts �5r�r-ciI I -❑ I r1 S� O a4 I L`'-� , -508- EXUMIT'6 TO SETTLEMENT AGREEMENT Abutters for purposes of paragraph 3 of the Court's Order and garag 'aph 37 of the Modified Settlement Agzeernmt are owners of the following parcels in the Woodland Point Subdiivisioz4 City of Mound, Minnesota: Lot 1, Block 1 Lot 2,-Block I Lot 3, Block 1 Lot 4, Block 1 .Lot 1, Block 2 Lot 2, Block 2 Lot 3, Block 2 Lot 4, Block 2 Lot 1, Block 3 Lot 2, Block 3 Lot 3, Block 3 . Lot 4, Block 3 Lot 1, Block 4 Lot 2, Block 4 LOT 3, Block 4 Lot 4, Block 4 Lot 1, Block 5 Lot 2, Block 5 Lot 3, Block 5 Lot 4,.Block 5 Lot 1, Block 6 Lot 2, Block 6 Lot 3, Block 6 Lot 4, Block 6 Lot 5, Block 6 Lot 6, Block 6 Lot 7, Block, 6 Lot 8, Block 6 Lot 9, Block 6 Lot 10, Block 6 Lot 11, Block 6 Lot 12, Block 6 Lot 13, Block 6 KR419462]vl -509- U' / /Ul /IUVG lv:10 rns aVL'*(GVV�v -Lot 14, Block 6 Lot 15, Block 6 Lot 16, Block 6 Lot 17, Block 6 Lot 18, Block 6 Lot 15, Block 7 Lot 16, Block 7 Lot 17, Block 7 Lot 18, Block 7 Lot 19, Block 7 Lot 20, Block 7' Lot 21, Block 7 Lot 22, Block 7 Lot 23, Bock 7 Lot 24, Block 7 �c- ) v -510- , Mound City Council Minutes — December 13, 2005 11. Adopt Resolution Establishing Fee Schedule MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-158: RESOLUTION ADOPTING FEE SCHEDULE 12. Adopt Resolution Approving the 2006 Final General Fund Budget, Setting the Levy and Approving the Final Overall Budget for 2006. Kandis Hanson reviewed the budget process, followed by a presentation of the budget summary by Gino Businaro. MOTION by Beise, seconded by Specht to table this item until December 20, 2005, at 7:30 p.m. He feels the budget is the most important think that the Council does and if they can't come before the public with a unanimous vote they haven't worked hard enough to do this job. The following voted in favor? Specht, Beise and Meisel. The following voted against: Brown and Osmek. Motion carried. Osmek asked to add the budget discussion on as item 17A for this evening's agenda so a decision can be reached this evening. _. 13. Adopt Resolution Approvina Levy for the Housina and Redevelopment Authority for the Year 2006. MOTION by Specht to table action on this item until the General Fund Budget is determined. Specht then withdrew his motion. MOTION by Osmek, seconded by Brown to adopt the following resolution as amended, leaving the HRA levy at the same figure that it was in 2005. All voted in favor. Motion carried. RESOLUTION NO. 05 -159: RESOLUTION APPROVING A LEVY NOT TO EXCEED $136,124 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF AND FOR THE CITY OF MOUND FOR THE YEAR 2006. 14. Action on Contract Proposal with Law Enforcement Labor Services Local No. 35 — Police Sergeants MOTION by Osmek, seconded by Brown to approve the Contract Proposal with Law Enforcement Labor Services Local No. 35 effective January 1, 2006, through December 31, 2007. All voted in favor. Motion carried. -511- Mound City Council Minutes — December 13, 2005 11. Adopt Resolution Establishina Fee Schedule MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05 -158: RESOLUTION ADOPTING FEE SCHEDULE 12. Adopt Resolution Approving the 2006 Final General Fund Budaet, Setting the Lew and Approvina the Final Overall Budget for 2006. Kandis Hanson reviewed the budget process, followed by a presentation of the budget summary by Gino Businaro. MOTION by Beise, seconded by Specht to table this item until December 20, 2005, at 7:30 p.m. He feels the budget is the most important think that the Council does and if they can't come before the public with a unanimous vote they haven't worked hard enough to do this job. The following voted in favor? Specht, Beise and Meisel. The following voted against: Brown and Osmek. Motion carried. Osmek asked to add the budget discussion on as item 17A for this evening's agenda so a decision can be reached this evening. 13. Adopt Resolution Approvina Levy for the Housina and Redevelopment Authority for the Year 2006. MOTION by Specht to table action on this item until the General Fund Budget is determined. Specht then withdrew his motion. MOTION by Osmek, seconded by Brown to adopt the following resolution as amended, leaving the HRA levy at the same figure that it was in 2005. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: Meisel. Motion carried. RESOLUTION NO. 05-169: RESOLUTION APPROVING A LEVY NOT TO EXCEED $136,124 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF AND FOR THE CITY OF MOUND FOR THE YEAR 2006. 14. Action on Contract Proposal with Law Enforcement Labor Services Local No. 35 — Police Sergeants MOTION by Osmek, seconded by Brown to approve the Contract Proposal with Law Enforcement Labor Services Local No. 35 effective January 1, 2006, through December 31, 2007. All voted in favor. Motion carried. E:? -512- moj4ad vdanke4 P) I ) 2415 Wilshire Blvd. Mound, Minnesota 55364 January 13, 2006 Kandis Hanson, City Manager City of Mound 5341 Maywood Rd. Mound, MN 55364 Dear Kandis Hanson, Enclosed is a copy of the Mound Fire Department Incident Report for the calendar year 2005. This report is intended to summarize the fire and rescue responses including personnel hours for the year 2005. The report also provides detailed information for each of the cities that Mound Fire Department serves. We also use this information for future expense calculations and budget allocations. Please share this information with the appropriate people in your city administration. We at Mound Fire Department are proud to serve your city. Respectfully, Gregory S. 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C C N I� Calls -pp� N W O O O 8 S O O -532- N O Ca CJl O M N n a c i -n n _. �CD 00 �CD n 0) CD C) rMIL :z O o. 7 _ CD .-r T =� co _ CD 0 _ CD 0) 0 ■ O O 0 CL OD �o .46 O 0 -533- O� 0 N X0 0 N O O CA N N � Q O N 0 �v 0 (D �(D 3 O f O C 7 a N O O N O N N � O °4 w N O O N O O U, Calls 0 0 $ $ $ $ $ o —535— v, O N � Q �D C d D C My -03 (D D� 0 CD CA (D 3 eqlh 'T1 F'n CD cn n c cu N O O N O N -( N W N O O J6 N O O (n Calls OD O O O O O -536- 0 0 0 cn CA im O Q Er -n _ O 0 ' 3 N CD 0 IIN O —h ic O C 3 CL � i 6 l' f i? � �l 7t )j 3 • J MINUTES MOUND ADVISORY PLANNING COMMISSION JANUARY 9, 2006 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:04 p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Ory Burma, Becky Glister, Cklair Hasse, David Miller, Michael Mueller and Dave Osmek. Absent: Jorj Ayaz. Staff present: Community Development Director Sarah Smith, Planning Consultant Rita Trapp, and Recording Secretary Jill Norlander. The following individuals were present: Bob and Carol Lien (1583 Bluebird Lane) APPROVAL OF APRIL 19.2005 MEETING MINUTES Chair Michael requested to add the phrase "for the sake of discussion" as explanation to his second on page 2. MOTION by Hasse, second by Miller, to approve the minutes of the December 12, 2005 Planning Commission meeting. MOTION carried unanimously. APPROVE AGENDA WITH ANY AMENDMENTS MOTION by Mueller, second by Glister, to switch item b and c. MOTION approved unanimously. BOARD OF APPEALS CASE #05 -79 Variance — Upper Story Addition 1609 Paradise Lane Robert & Carol Lien Applicants are requesting a variance to construct a 2nd story addition to the existing home. The existing house is nonconforming as it does not meet the 20 foot front setback requirement and the requested addition affects the nonconforming side. The side and rear setbacks and hardcover are currently conforming. Staff recommends the approval of the variance as requested with the following conditions: 1. The applicant shall be responsible for payment of all involved fees associated with the variance request. -538- Planning Commission Minutes January 9, 2006 2. Applicant shall be required to submit all required information upon submittal of the building permit application. 3. The covered entry, as depicted on the building plans shall be removed and/or modified for compliance with City Code Chapter 350.440, Subd. 3 (A) 4. Applicant shall be responsible for procurement of any and /or all permits. Mueller confirmed with the applicant that the stoop pictured on the plans will be redesigned to be conforming. MOTION by Mueller, seconded by Glister, to recommend Council approve the variance. MOTION carried unanimously. Review of request by Mike & Judy Gardner, 1599 Bluebird Lane, to include north '/2 of unimproved Woodland Road for purposes of calculating hardcover per City Code Chapter 350.510 Board of Adjustment and Appeals The applicants are requesting approval by the City of Mound to include the 15' x 160' section of unimproved Woodland Road in the square footage of their property for the purpose of calculating hardcover. The City has concluded that the unimproved portion of Woodland Road is not a public street due to the nature of the dedication in the plat, and the fact it was never opened and improved for street purposes. As part of the Woodland Settlement Agreement, the applicant has the opportunity to request that the City agree to allow the applicant to be able to utilize the area lying with the north' /2 of the unimproved Woodland Road to be used by the applicant to calculate hardcover for future development of applicant's property. Staff recommends that the SF in the north Y2 of unimproved Woodland Road be included in the square footage of the property located at 1599 Bluebird Lane for the purposes of calculating hardcover. Discussion Mueller confirmed with Smith that Planning Commission review of the request is required prior to action by City Council per City Code and that the proposed Settlement Agreement includes a provision which allows the owners the opportunity to make application to the City to request that the north' /2 of Woodland Road be used for the purpose of calculating hardcover. Mueller indicated he was concerned that this decision might impact other properties in the future and also commented on its impact on the original Settlement Agreement. Miller stated that, if, in fact they do own this property; they wouldn't need to come to the City for permission and commented that it would be helpful to have the City Attorney to provide background regarding the request. -539- Planning Commission Minutes January 9, 2006 Bob Lien (1589 Bluebird Lane) indicated that it was clear during the settlement agreement issues in court, that the adjacent, platted right -of -ways belong to the adjacent owners. MOTION by Miller, seconded by Hasse, to table consideration of the item. MOTION carried unanimously. CASE #06 -01 Zoning Amendment City Code Chapter 350.420 (Non- Conforming Uses) City of Mound MOTION by Mueller, seconded by Burma, to recommend Council approve the zoning amendment as proposed. MOTION carried unanimously. OLD / NEW BUSINESS Appointment of Chair and Vice Chair — MOTION by Mueller, second by Osmek, to appoint Geoff Michael as chairman for 2006. MOTION approved unanimously. MOTION by Mueller, seconded by Glister, to appoint Miller as vice chairman for 2006. MOTION approved unanimously. City Council Liaison Update — Items discussed: Budget; Docks Commission dissolution. Staff Update — Items discussed: commission applicants; Chief Kurtz at 1St Feb meeting re: Clean Sweep; Comp Plan update for Feb meeting; City Code re- codification, which will be handled by City Clerk's office; Gillespie rezoning at CC tomorrow. ADJOURNMENT MOTION by Hasse to adjourn. Seconded and carried by affirmation at 8:11 p.m. Attest, Planning Secretary -540- Chair Geoff Michael ;- MINUTES MOUND ADVISORY PLANNING COMMISSION January 23, 2006 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Ory Burma, Becky Glister, Cklair Hasse, David Miller, Michael Mueller and Dave Osmek. Absent and Excused: ; Staff present: Community Development Director Sarah Smith, Planning Consultant Rita Trapp, City Attorney John Dean and Recording Secretary Jill Norlander. The following individuals were present: Mark Gronberg CASE #05 -67 MINOR SUBDIVISION 1774 HERON LANE LARRY PEBBLES Applicant has submitted an application for a minor subdivision to create 2 parcels.. No variances are requested. Staff recommends approval of the minor subdivision request with the following conditions: 1. The lots have a non -lot of record status. 2. The lots do not have abutting dock status. 3. The City Engineering review grading and drainage easements and plans prior to building permit approval which shall be submitted in a form so as to allow recording at Hennepin County. 4. Applicant shall be responsible for providing all existing /proposed legal description information in electronic form to the City of Mound. 5. Hardcover shall be limited to 30 %. If pervious pavers are used to meet this requirement, the installation shall be by a commercial contractor. An as -built survey shall be submitted for all areas where pervious pavers were used to certify that the installation was done according to the submitted plan. This as -built survey shall be signed by professional engineer. Staff suggests the applicant contact the manufacturer of the pervious paver product to determine what inspections will be required to provide for "sign -off' on the as -built survey by the manufacturer. Applicant should be advised that inspection(s) at specific intervals may be required. 6. Installation of utilities or provide financial guarantee to cover the cost of utility -541- Planning Commission Minutes January 23, 2006 service connections prior to the release of the Resolution for recording. 7. Locations of water and sewer services to be approved by Mound Public Works department. 8. Payment of sanitary sewer and watermain trunk charges of !,500 each respectively for Parcel B prior to release of resolution. 9. Payment of sanitary sewer and watermain connection fees of $240 each respectively for Parcel B prior to release of resolution. 10. Park dedication fee of $1,100 be paid prior to the release of the Resolution for recording. 11. Payment of any City fees for review of the minor subdivision application. MOTION by Mueller, seconded by Osmek, to recommend Council approve the subdivision with staff recommendation. MOTION carried unanimously. Finding of fact: This subdivision meets current code. No discussion of the DNR flexibility request should be included in the resolution. OLD / NEW BUSINESS REVIEW /DISCUSSION — PDA LOT SIZE STANDARDS Current size requirement for PDA eligibility is 2 acres. Because of the size of the remaining undeveloped lots it is recommended that the minimum size requirement be eliminated. MOTION by Mueller, second by Miller, to review PDA standards. MOTION carried unanimously. City Council Liaison Update — Councilmember Osmek explained the latest and greatest downtown redevelopment plan. Staff Update — Sarah enlightened us all. (Comp Plan, Kurtz, Hanson) Mueller concerned that there was no backup information to make decisions required in the last couple of meetings. He felt there should be all the information provided up front. Burma agreed. Smith felt that the memo that was written included all the information that was needed, direct from the attorney. Staff was directed to negotiate with DNR and exclude any presentation to the Planning Commission or from the Planning Commission regarding the shoreland management agreement that he spent 7 months working on. ADJOURNMENT -542- Planning Commission Minutes January 23, 2006 MOTION by Hasse to adjourn. Seconded and carried by affirmation at 8:57 p.m. Attest, Planning Secretary -543- Chair Geoff Michael Corey Wiebusch Police Officer City of Mound Minnesota 2415 Wilshire Blvd. January 23, 2006 Dear Chief Kurtz, Please accept this as formal notice of my resignation from the position of Police Officer for the City of Mound. In accordance with my contract of employment I am happy to continue to work until February 6, 2006. While I believe that I am moving for good reasons, I am sorry to leave, and wish to thank you for the opportunity to serve the citizens of this fine city. Please let me know the arrangements for handing back equipment and handing over outstanding work and responsibilities. Yours Sincerely, orey Wiebusch -544- 5910 Ridgewood Road Mound, MN 35364 30 January 2006 Mound City Council Honorable Mayor and Council Members Members of the Planning Commission 5341 Maywood Road Mound, MN 55364 Madam Mayor and Council Members: Please accept this letter as my resignation from the Planning Commission. I have enjoyed my 19+ years of service to the city as a Commissioner. The friendships and working relationships developed over the years will be cherished. I was very impressed with the quality of candidates for the Planning Commission at the lost interview process and expect that this quality will continue. I hour mulled this decision over thoroughly and feel it is now time to move on to different adventures. As you know, I truly love this city and would be available on a consultant basis if the need should arrive. Sincere , Mich I Mueller -545- Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 Phone (312) 977 -9700 Fax (312) 977 -4806 12/12/2005 NEWS RELEASE For Information contact: Stephen Gauthier (312) 977 -9700 (Chicago) - -The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Mound by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award - winning CAFR. This has been presented to: Gino Businaro, Finance Director The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR The GFOA is a nonprofit professional association serving approximately 16,000 government finance professionals with offices in Chicago, IL, and Washington, D.C. -546- - 4 LMC League of Minnesota Cities 145 University Avenue West, St Paul, MN 55103 -2044 (651) 281 -1200 • (800) 925 -1122 Gev [W;11 7R1 _1 WO • Tnn• f RRi11 9R1 _199171 www.imnc.org January 24, 2006 TO: Members of the League of Minnesota Cities (Please distribute to interested city officials) FROM: James Miller, Executive Director RE: LMC 2007 -2008 POLICY COMMITTEE MEMBERSHIP It is time to begin preparing for the 2007 -2008 legislative biennium. The LMC policy development process begins with the formation of the four new LMC policy committees. Now is your opportunity to help LMC establish its legislative policies and direct its legislative program for the coming two -year period. Who is eligible, can I be a member? Yes, all city members of LMC, both appointed and elected, can participate in the policy development process as members of policy committees. However, when committee votes occur each city receives only one vote on that committee issue. What are the four policy committees? The four member -led policy committees, which will deal with both state and federal issues, cover areas as follows: ImprovinE Service Delivery • Environmental Mandates • Elections • Ethics • Open Meetings • Governmental Innovation and Cooperation • Public Safety Human Resources & Data Practices • Personnel • Pensions • Labor Relations • Data Practices Improviniz Fiscal Futures • Financial Management of Cities • Property Tax • State Aid Programs Improving Local Economies • Growth Management and Land Use • Boundary Adjustment • Housing • Transportation • Economic Development and Redevelopment • Telecommunications and Information System Is that all? No, these and many more city issues & policies can be read online at www.hnnc.org, AN EQUAL OPPORTUNITY_ 547_ IVE ACTION EMPLOYER Members of the League of Minnesota Cities Page 2 What's the time commitment? Two or three meetings. The committee meets in two -year sessions, and typically meets two or three times each year over the summer. Meetings are held in St. Paul at the LMC Building to facilitate face -to -face discussions on city issues and priorities. During the legislative session, the chairs and vice chairs of the policy committees work with the LMC Board to develop interim policies as needed. What becomes of the committee work? The policy committees make their recommendations to the Board of Directors, who ultimately vote on final approval of the policies. Once approved by the LMC Board, the "City Policies" document is published on the LMC website as well as distributed to each city and to each of the 201 state legislators prior to the legislative session. However, prior to Board consideration the committee's work - the draft policies - are published online and distributed to all member cities for comments (see timeline below). The draft policies are also shared with other local government interests and discussed at member events such as the annual conference and regional meetings before being considered for approval by the LMC Board of Directors. Did you say 2007 -2008, what's the rush? As you may know, the LMC policy committees meet in two -year sessions, which correspond to the next legislative biennium. The 2006 LMC City Policies, for example, is the product of the 2005 policy committees. The policy committees meeting in the summer of 2006 will be working on the policies for the 2007 legislative session. City Policies are designed and discussed ahead of the next legislative session in an attempt to proactively address a variety of municipal issues and concerns. What else do I need to know about the LMC policy development process? First, this is a member - driven, member - focused policy development process. The ideas that become City Policies come from city officials like you. Second, the City Policies document addresses more than 100 legislative issues that impact cities and serves as the foundation of the LMC advocacy efforts. Policies are considered, discussed, and revised annually- -with considerable member input. Listed below is a brief chronology of the major events in the policy development process. January The Minnesota Legislature begins the first session of each two -year biennium in January of odd- numbered years. Guided by the City Policies, LMC member cities and staff actively advocate for city - friendly legislation. LMC solicits member city officials to serve on the policy committees. February/March The Minnesota Legislature typically begins the second session of each biennium in February or March of even - numbered years. Despite the later start of second sessions, legislative hearings can begin as early as January. March State of the Cities Legislative Conference & City Day at the Capitol brings city leaders to St. Paul for policy updates and face -to -face meetings with state lawmakers. Also in March, the National League of Cities hosts the Congressional City Congress in Washington, D.C. r — _ Members of the League of Minnesota Cities Page 3 May Under the Minnesota Constitution, the deadline to end any given legislative session is the first Monday following the third Saturday in May. The Governor may call special legislative sessions when necessary. June At the LMC Annual Conference, members provide comments on City Policies throughout the conference and during the policy session. July Policy committees hold their first of three meetings. The July meeting typically includes a review of the most recent legislative session and a preliminary discussion of the relevance to City Policies. August Policy committees hold their second of three meetings to review and consider member input gathered at the Annual Conference. September Policy committees meet for a third time to finalize their work and make specific policy recommendations to the LMC Board of Directors. October Draft policies, as approved by the policy committees, are distributed to the members and comments are sought. Member input is also sought from city officials attending Regional Meetings each fall. November The Board of Directors reviews member input collected throughout the year, and at their discretion, considers and amends the policies for the following calendar year. The Board adopts policies on behalf of League members at their November or December meeting. When should I sign -up? Now! How do I sign -up? If you would like to be involved in the League's policy development process for 2007 -2008, please complete the attached sign -up form by March 1, 2006 and send by fax to 651.215.4115 or mail to Lynn Peterson, LMC, 145 University Avenue West, St. Paul, MN 55103. Should you have any questions, contact Lynn Peterson at 651.281.1254 or by email at 1peterson(a,lmnc.or .g. What else can I do? Several things. First, make sure your city's voice is heard by participating in at least one of the LMC policy committees. Second, review the most recent City Policies document and include these policy objectives along with your own city agenda when you meet with your legislators. If you have an issue not addressed, contact LMC staff immediately and prepare to bring that concern to the next policy committee meeting. Finally, advocate for your city, local control issues, and municipal authority by talking to your legislators, telling your city - story, and clarifying the services and solutions provided by your city and other cities across Minnesota. Thank you for telling your city- story! -549- Serve on an LMC 2007/2008 policy committee Get involved in the League's policy development process! Questions? Contact Brian Strub at (651) 281 -1256 or Lynn Peterson, at (651) 281 -1254 Complete the form below by March 1, 2006 and fax to: (651) 215 -4115 Or Mail to: Lynn Peterson, LMC, 145 University Avenue W., St. Paul, MN 55103 Schedule for 2006 policy committee meetings Service Delivery Local Economies Fiscal Futures HR and Data Practices Monday, July 10 Tuesday, July 11 Wednesday, July 12 Friday, July 14 9:30 — Noon 9:30 — Noon 9:30 — Noon 9:30 - Noon Monday, August 7 Tuesday August 8 Wednesday, August 9 Friday, August 11 9:30 — Noon 9:30 - Noon 9:30 - Noon 9:30 - Noon Monday, Sept. 18 Tuesday, Sept. 19 Wednesday, Sept. 20 Friday, Sept. 15 9:30 — Noon 9:30 - Noon 9:30 - Noon 9:30 -Noon Sign up now to serve on an LMC 2001/2008 policy committee ---------------------------------------------------------------------------------------------------------------------------- Name Title I would like to serve a two- ; year term on the following ; City committee(s): Address 1 Local Economies Service Delivery (, ) Address 2 Fiscal Futures U HR & Data Practices L� City /Zip Note: more than one official from Work Phone each city may serve on a committee, however, on voting Work Fax matters, each city has only one vote. ; E -mail Please return this form by March 1, 2006 to: Lynn Peterson, Intergovernmental Relations Department, League of Minnesota Cities, 145 University Avenue West, St. Paul, MN 55103 or by fax to --------------------------------------=----------------------------------------------------------------- 651.215.4115 - - - - -- - - -- = �71i11