Loading...
2017-07-11 CC Agenda PacketPLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA MOUND CITY COUNCIL TUESDAY, JULY 11, 2017 - 7:00 PM REGULAR MEETING MOUND CITY COUNCIL CHAMBERS *Consent AQenda: Items listed under the ConsentAgenda 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. Opening meeting 2. Pledge of Allegiance 3. Approve agenda, with any amendments *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature, have been evaluated by staff, recommended by staff for approval by the Council, and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. At this time, anyone present who wishes to offer dissenting comment to any items on the Consent Agenda is invited to identify themselves and the item of concern so that the it may be removed from the Consent Agenda and considered after discussion in normal sequence. Separate introduction or further support from petitioners or requestors is not required at this time and removal of an item from the Consent Agenda for this purpose is not required or appropriate. Page 4. *Consent Agenda *A. Approve payment of claims *B. Approve Minutes: 6-27-17 Regular Meeting 1832- 1849 1850- 1859 *C. Approve resolution approving amendment to the consent and waiver agreement 1860- 1865 with respect to the hazardous building located on the property at 6077 Aspen Road 1862 *D. Approve Resolution Approving Musical Concert Permit for Special Event at 1866- 1869 Mount Olive Lutheran Church on July 30, 2017 and Waiving Fee Due to Public 1868 Purpose of Gathering *E. Approve Resolution Approving Planned Area Development Agreement for 1870-1889 Dutch Lake Preserve 1871 *F. Approve Pay Request No. 2 from Park Construction in the amount of $203,206.74 1890-1891 for the 2017 Street, Utility and Retaining Wall Improvement Project; City Project Nos. PW -17-01, PW -17-02, PW -17-03, PW -17-04 *G. Approve Resolution approving Change Order No. 3, 2016 Lift Station 1892- 1895 Improvements, City Project No. PW -16-05 *H. Approve Resolution approving Change Order No. 4, 2016 Street, Utility & Retaining 1896-1899 Wall Improvements - Bartlett Boulevard, Tuxedo Boulevard Phase II and Maywood 1897 Road/Cypress Lane, City Project Nos. PW -16-01, PW -16-02, PW -16-03 PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. *I. Approve Resolution approving Change Order No. 1, 2017 Street, Utility & Retaining 1900- 1903 Wall Improvements, City Project No. PW -17-01 1901 *J. Approve the following project related pay requests: 1904- 1912 1. Norling Lake Minnetonka Landscapes, Inc. totaling $2,383.50 for the 2016 Street Improvement Project, Tuxedo Blvd, City Project No. PW -16-02 2. Gaylen Thostenson, totaling $502.00 for the 2016 Street Improvement Project, Bartlett Blvd, City Project No. PW -16-01 3. Xcel Energy totaling $1,830.00 for the 2017 Street Improvement Project, Lynwood Blvd, City Project No. PW -17-01 *K. Approve a resolution approving public gathering permit and outdoor musical concert 1913- 1933 permit for 2017 Dog Days special event with a reduced fee due to public purpose 1916 of gathering 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) 6. Visit and presentation by Tim Liffin regarding 2017 Tour de Tonka annual special event 1934- 1937 7. Action on a resolution expressing appreciation to City Engineer Dan Faulkner 1938 8. Field Officer Stewart Simon and Community Development Director Sarah Smith 1939- 1954 requesting action on a resolution ordering the abatement of conditions creating a 1942 hazardous property existing at 4837 Bedford Road 9. Information/Miscellaneous A. Comments/reports from Council members B. Reports: C. Minutes: D. Correspondence: Letter from Kreg Schmidt, Bolton & Menk, Inc., 1955 regarding retirement of City Engineer, Dan Faulkner 10. Adjourn This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City ofMound web site: www. cit mound. com. COUNCIL BRIEFING July 11, 2017 Upcoming Events Schedule: Don't Forget!! 21 - 22 July - Spirit of the Lakes Festival 25 July 2017 - 6:55 PM - HRA Regular Meeting (as may be required) 25 July 2017 - 7:00 PM - City Council Regular Meeting 8 August 2017 - 6:00 PM - Finance Committee Meeting re: 2018 Budget Preview 8 August 2017 - 6:55 PM - HRA Regular Meeting (as may be required) 8 August 2017 - 7:00 PM - City Council Regular Meeting 12 August 2017 - Dog Days 22 August 2017 - 6:55 PM - HRA Regular Meeting (as maybe required) 22 August 2017 - 7:00 PM - City Council Regular Meeting 24 August - 4 September - State Fair 5 September - Westonka Schools resume 9 September - Running of the Bays 12 September - 6:55 PM - HRA Regular Meeting (as may be required) 12 September - 2017 - 7:00 PM - City Council Regular Meeting 16 September - Mound -Tree Trust Tree Sale Tree Pick-up Day 26 September - 6:55 PM - HRA Regular Meeting (as may be required) 26 September - 2017 - 7:00 PM - City Council Regular Meeting City Offices Closed 4 September 2017 - Labor Day City Official's Absences Please notify the City Manager in advance of an absence. Some votes require more than a simple majority and Staff needs to plan accordingly. Inquire in advance, please...... Council members are asked to call or email their questions in advance of a public meeting so that more research maybe done or additional information maybe provided that will assist in your quality decision- making. 2017 0615UBREFUD $ 593.28 2017 PAYREQ062717 $ 247,470.66 2017 062917CTYMAN $ 7,416.22 2017 070717CTYMAN $ 3,661.34 2017 071117CITY $ 50,227.89 2017 071117HS $ 88,983.34 'TOTAL 1! $ 398y352.73 -1832- CITY OF MOUND 06/28/17 2:39 PM Page 1 Payments Current Period: June 2017 Batch Name 0615UBREFUND User Dollar Amt $593.28 Payments Computer DollarAmt $593.28 $0.00 In Balance Refer 1 EDINA REALTY TITLE _ Cash Payment R 601-49400-36200 Miscellaneous Revenu 6016 CHERRYWOOD RD - UTILITY $305.73 REFUND- - J. DAVID -EDINA REALTY TITLE Invoice 062817 6/28/2017 Transaction Date 6/28/2017 Wells Fargo 10100 Total $305.73 Refer 2 JONES, BECKY(JORGENSON) Cash Payment R 60149400-36200 Miscellaneous Revenu 2442 LOST LAKE RD UTILITY REFUND- $100.00 JONES/JORGENSON Invoice 062817 6/28/2017 Transaction Date 6/28/2017 Wells Fargo 10100 Total $100.00 Refer 3 KARNO, PAUL Cash Payment R 60149400-36200 Miscellaneous Revenu 3213 DEVON LANE- UTILITY REFUND- P. $75.00 KARNO Invoice 062817 6/28/2017 Transaction Date 6/28/2017 Wells Fargo 10100 Total $75.00 Refer 4 WILLIAMS, SARAH Cash Payment R 601-49400-36200 Miscellaneous Revenu 3041 DUNDEE LANE- UTILITY REFUND- $112.55 WILLIAMS, SARAH Invoice 062817 6/28/2017 Transaction Date 6/28/2017 Wells Fargo 10100 Total $112.55 Fund Summary 10100 Wells Fargo 601 WATER FUND $593.28 $593.28 Pre -Written Checks $0.00 Checks to be Generated by the Computer $593.28 Total $593.28 -1833- CITY OF MOUND Payments Current Period: June 2017 06/28/17 1:44 PM Page 1 Batch Name PAYREQ062717 User Dollar Amt $247,470.66 Payments Computer Dollar Amt $247,470.66 $0.00 in Balance Refer 1 AMERICAN ENGINEERING TEST IN _ Cash Payment E 602-49450-500 Capital Outlay FA GEOTECHNICAL EXPLORATION SVC 2017 $5,830.00 LIFT STATION IMPROV PROJ PW 17-05- C5 LUMP SUM FEE Invoice 96728 5/31/2017 Transaction Date 6/28/2017 Wells Fargo 10100 Total $5,830.00 Refer 3 GEISLWGER AND SONS, INCOPO _ Cash Payment E 401-43115-500 Capital Outlay FA 2015 STREET PROJ --GRANDVIEW BLVD- $52,385.00 PAY REQUEST # 14 WORK COMPLETED JAN 17TH THRU JUNE 15TH 2017 - PW 15-01 Invoice 062717 6/21/2017 Project PW1501 Cash Payment E 401-43135-500 Capital Outlay FA 2015 STREET PROJ -TUXEDO BLVD- PAY $117,672.87 REQUEST # 14 WORK COMPLETED JAN 17TH THRU JUNE 15TH 2017- PW 15-02 Invoice 062717 6/21/2017 Project PW1502 Cash Payment E 401-43110-500 Capital Outlay FA 2015 RETAINING WALL PROJ --PAY $3,217.72 REQUEST #14 WORK COMPLETED JAN 17TH THRU JUNE 15TH 2017- PW 15-03 Invoice 062717 6/21/2017 Project PW1503 Cash Payment G 401-22000 Deposits MCES 2015 STREET PROJ -PW 15-02- $62,017.26 TUXEDO BLVD- MCES SANITARY SEWER PIPE IMPROV PORTION PAY REQUEST # 14 WORK COMPLETED JAN 17TH THRU JUNE 15TH 2017 Invoice 062717 6/21/2017 Project PW1502 Cash Payment E 401-43115-500 Capital Outlay FA 2015 STREET PROJ --SIDEWALK, PORTION- $172.56 GRANDVIEW BLVD- PAY REQUEST # 14 WORK COMPLETED JAN 17TH THRU JUNE 15TH 2017 - PW 15-01 Invoice 062717 6/21/2017 Project PW1501 Transaction Date 6/28/2017 Wells Fargo 10100 Total $235,465.41 Refer 2 NORLINGS LAKE MINNETONKA IN Cash Payment E 401-43116-300 Professional Srvs _ LANDSCAPE CONSTRUCTION & PLANTING- $3,650.00 REPAIR 2016 STREET PROD- 4937 BARTLETT BLVD -DION -PW 16-01 Invoice 32764 6/15/2017 Cash Payment E 401-43116-300 Professional Srvs LANDSCAPE CONSTRUCTION -REPAIR 2016 $2,525.25 STREET PROJ- 4991 BARTLETT BLVD - GOODE -PW 16-01 Invoice 32763 6/15/2017 Transaction Date 6/28/2017 Wells Fargo 10100 Total $6,175.25 CITY OF MOUND Payments Current Period: June 2017 Fund Summary 10100 Wells Fargo 401 GENERAL CAPITAL PROJECTS $241,640.66 602 SEWER FUND $5,830.00 $247,470.66 Pre -Written Checks $0.00 Checks to be Generated by the Computer $247,470.66 Total $247,470.66 -1835- 06/28/17 1:44 PM Page 2 CITY OF MOUND Payments Current Period: June 2017 06/29/17 11:32 AM Page 1 Batch Name 062917CTYMAN User Dollar Amt $7,416.22 Payments Computer DollarAmt $7,416.22 $0.00 In Balance Refer 4 CENTERPOINT ENERGY (MINNEG _ Cash Payment E 602-49450-383 Gas Utilities 2649 EMERALD DR. LS E3 GENERATOR $23.78 NATL GAS SVC 5-20-17 THRU 6-20-17 Invoice 062917 6/22/2017 Cash Payment E 602-49450-383 Gas Utilities 4791 NORTHERN RD LS DI GENERATOR $55.26 NATL GAS SVC 5-20-17 THRU 6-20-17 Invoice 062917 6/22/2017 Cash Payment E 602-49450-383 Gas Utilities 3303 WATERBURY RD LS GAS SVC 5-20-17 $21.11 THRU 6-20-17 Invoice 062917 6/22/2017 Cash Payment E 602-49450-383 Gas Utilities 2990 HIGHLAND BLVD LS Bt GENERATOR $32.49 NATL GAS SVC 5-20-17 THRU 6-20-17 Invoice 062917 6/22/2017 Cash Payment E 602-49450-383 Gas Utilities 4948 BARTLETT LS E2 GENERATOR NATL $25.11 GAS SVC 5-20-17 THRU 6-20-17 Invoice 062917 6/22/2017 Cash Payment E 602-49450-383 Gas Utilities 4728 CARLOW RD LS GENERATOR NATL $21.11 GAS SVC 5-20-17 THRU 6-20-17 Invoice 062917 6/22/2017 Cash Payment E 602-49450-383 Gas Utilities 5808 GRANDVIEW BLVD LS GENERATOR $25.11 NATL GAS SVC 5-20-17 THRU 6-20-17 Invoice 062917 6/22/2017 Cash Payment E 602-49450-383 Gas Utilities 4922 THREE PTS BLVD LS GENERATOR $26.46 NATL GAS SVC 5-20-17 THRU 6-20-17 Invoice 062917 6/22/2017 Cash Payment E 602-49450-383 Gas Utilities 1758 SUMACH LANE LS GENERATOR NATL $27.81 GAS SVC 5-20-17 THRU 6-20-17 Invoice 062917 6/22/2017 Cash Payment E 602-49450-383 Gas Utilities 5077 WINDSOR RD LS GENERATOR NATL $22.64 GAS SVC 5-20-17 THRU 6-20-17 Invoice 062917 6/22/2017 Transaction Date 6/28/2017 Wells Fargo 10100 Total $280.88 Refer 7 FOUR DAUGHTERS WINERY _ Cash Payment E 609-49750-253 Wine For Resale WINE $520.00 Invoice 032 1/27/2017 Transaction Date 6/29/2017 Wells Fargo 10100 Total $520.00 Refer 8 FRONTIER/CITIZENS COMMUN/CA Cash Payment E 222-42260-321 Telephone, Cells, & Radi NETWORK ETHERNET SVC 6-20-17 THRU - $150.00 20-17 Invoice 062917 6/29/2017 Cash Payment E 101-41920-321 Telephone, Cells, & Radi NETWORK ETHERNET SVC 6-20-17 THRU - $175.00 20-17 Invoice 062917 6/29/2017 Cash Payment E 101-41500-321 Telephone, Cells, & Radi PHONE -INTERNET SVC CREDIT OVERBILL -$6.01 Invoice 062917 6/29/2017 Transaction Date 6/29/2017 Wells Fargo 10100 Total $318.99 Refer 2 GROVE NURSERY, INC. _ -1836- CITY OF MOUND 06/29/1711:32 AM Page 2 Payments Current Period: June 2017 Cash Payment E 101-45200-232 Landscape Material LANDSCAPE PLANTS- #1 - HOSTAS, MISS $327.00 KIM LILAC #5 POTS, ORNAMENTAL GRASS Invoice 27461700 6/6/2017 Transaction Date 6/27/2017 Wells Fargo 10100 Total $327.00 Refer 3 M/NNESTALG/A WINERY _ Cash Payment E 609-49750-253 Wine For Resale WINE $180.00 Invoice 4748 5/16/2017 Transaction Date 6/28/2017 Wells Fargo 10100 Total $180.00 Refer 5 MUELLER, WILLIAM AND SONS _ Cash Payment E 101-43100-224 Street Maint Materials SIZE A BLACK DIRT 2.02 TONS $115.14 Invoice 224193 6/5/2017 Cash Payment E 101-43100-224 Street Maint Materials SIZE A BLACK DIRT .99 TON $56.43 Invoice 224533 6/12/2017 Cash Payment E 101-43100-224 Street Maint Materials SIZE A BLACK DIRT 1.03 TONS $58.71 Invoice 225004 6/22/2017 Transaction Date 6/20/2017 Wells Fargo 10100 Total $230.28 Refer 6 OPUS 21 MGMT SOLUTIONS Cash Payment E 602-49450-307 Admin/Finance/Compute MAY 2017 -CIS DATA HOSTING, $1,777.19 PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 170514 6/22/2017 Cash Payment E 601-49400-322 Postage MAY 2017- UTILITY BILLING POSTAGE $321.62 Invoice 170514 6/22/2017 Cash Payment E 602-49450-322 Postage MAY 2017- UTILITY BILLING POSTAGE $321.63 Invoice 170514 6/22/2017 Cash Payment E 601-49400-307 Admin/Finance/Compute MAY 2017 -CIS DATA HOSTING, $1,777.20 PRODUCTION, BILLING, CALL CTR SUPPORT Invoice 170514 6/22/2017 Transaction Date 6/28/2017 Wells Fargo 10100 Total $4,197.64 Refer 1 R.C. ELECTRIC, INCORPORATED Cash Payment E 101-45200-440 Other Contractual Servic ELECTRICAL WORK @ GREENWAY- CHECK $1,361.43 SHORT CIRCUIT, REPLACE POST LIGHTING, BALLASTS & LAMPS Invoice 5651 4/26/2017 Transaction Date 6/27/2017 Wells Fargo 10100 Total $1,361.43 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $2,087.70 222 AREA FIRE SERVICES $150.00 601 WATER FUND $2,098.82 602 SEWER FUND $2,379.70 609 MUNICIPAL LIQUOR FUND $700.00 $7,416.22 Pre -Written Checks $0.00 Checks to be Generated by the Computer $7,416.22 Total $7,416.22 -1837- CITY OF MOUND 07/06/17 12:04 PM Page 1 Payments Current Period: July 2017 Batch Name 070717CTYMAN User Dollar Amt $3,661.34 Payments Computer DollarAmt $3,661.34 $0.00 In Balance Refer 42 CENTRAL MCGOWAN, INCORPOR Cash Payment E 602-49450-210 Operating Supplies HIGH PRESSURE CYLINDER RENTAL 2017 $33.60 Invoice 00091011 6/30/2017 Project 17-3 Transaction Date 7/6/2017 Wells Fargo 10100 Total $33.60 Refer 43 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-45200-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17 $124.59 Invoice 070717 6/30/2017 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17 $39.55 Invoice 070717 6/30/2017 Cash Payment E 609-49750-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17 $301.48 Invoice 070717 6/30/2017 Cash Payment E 602-49450-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17 $124.15 Invoice 070717 6/30/2017 Cash Payment E 601-49400-321 Telephone, Cells, & Radi PHONE SVC -630-17- TO 7-29-17 $120.50 Invoice 070717 6/30/2017 Cash Payment E 101-43100-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17 $120.50 Invoice 070717 6/30/2017 Cash Payment E 101-41930-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17 $391.01 Invoice 070717 6/30/2017 Cash Payment E 222-42260-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17 $130.34 Invoice 070717 6/30/2017 Cash Payment E 101-41910-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17 $65.16 Invoice 070717 6/30/2017 Cash Payment E 101-42110-321 Telephone, Cells, & Radi PHONE SVC -6-30-17- TO 7-29-17 $65.16 Invoice 070717 6/30/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $1,482.44 Refer 41 KELLY, KEVIN _ Cash Payment G 101-21716 Flex Plan Dependents FLEX PLAN DEPENDENT CARE $192.30 REIMBURSEMENT -K. KELLY Invoice 070717 7/6/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $192.30 Refer 39 KENNEDYAND GRAVEN _ Cash Payment E 101-41600-300 Professional Srvs INDIAN KNOLL MANOR SALE LEGAL SVCS $112.50 MAY 2017 Invoice 137970 6/30/2017 Cash Payment G 101-23371 TRIDENT HOUSING TIF ES 1861 COMMERCE BLVD- TRIDENT HOUSING $1,435.50 TIF PLAN LEGAL SVCS MAY 2017 Invoice 137920 6/29/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $1,548.00 Refer 40 MWHS BOYS HOCKEY BOOSTERS Cash Payment E 101-41930-210 Operating Supplies 30 BAGS SOFTENER SALT PELLETS - CITY $202.50 HALL Invoice 070717 7/6/2017 Cash Payment E 222-42260-210 Operating Supplies 30 BAGS SOFTENER SALT PELLETS - FIRE $202.50 DEPT Invoice 070717 7/6/2017 _1838_ CITY OF MOUND Payments Current Period: July 2017 07/06/17 12:04 PM Page 2 Transaction Date 7/6/2017 Wells Fargo 10100 Total $405.00 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 10100 Wells Fargo $2,709.22 $332.84 $120.50 $197.30 $301.48 $3,661.34 Pre -Written Checks $0.00 Checks to be Generated by the Computer $3,661.34 Total $3,661.34 -1839- CITY OF MOUND Payments Current Period: July 2017 07/06/17 10:10 AM Page 1 Batch Name 071117CITY User Dollar Amt $50,227.89 Payments Computer Dollar Amt $50,227.89 $0.00 In Balance Refer 1 ABM EQUIPMENTAND SUPPLY, IN _ Cash Payment E 602-49450-220 Repair/Maint Supply PUMP& PRESSURE FILTERS- SEWER DEPT $681.71 Invoice 0152315 6/23/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $681.71 Refer 2 BIFFS, INC PORTABLE RESTROO _ Cash Payment E 101-45200-410 Rentals (GENERAL) PHILBROOK PARK BIFFS RENTAL & SVC 5- $89.00 24-17 thru 6- 20-17 Invoice W639855 6/21/2017 Cash Payment E 101-45200-410 Rentals (GENERAL) CENTERVIEW BEACH BIFFS RENTAL & SVC $379.00 5-24-17 thru 6- 20-17 Invoice W639852 6/21/2017 Cash Payment E 101-45200-410 Rentals (GENERAL) MOUND BAY PARK BIFFS RENTAL & SVC 5- $382.00 24-17 thru 6- 20-17 Invoice W639853 6/21/2017 Cash Payment E 101-45200-410 Rentals (GENERAL) SKATEPARK BIFFS RENTAL & SVC 5- 24-17 $253.00 thru 6- 20-17 Invoice W639854 6/21/2017 Transaction Date 6/6/2017 Wells Fargo 10100 Total $1,103.00 Refer 3 BRYAN ROCK PRODUCTS, INC. _ Cash Payment E 101-45200-232 Landscape Material CLASS 2 RIP RAP ROCKS 1.62 TON- PARKS $49.09 Invoice 22286 6/15/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $49.09 Refer 21 CENTURY COLLEGE Cash Payment E 222-42260-433 Dues and Subscriptions FIREFIGHTER CANCER AWARENESS $500.00 SEMINAR 6-19-17 Invoice 00646095 6/22/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $500.00 Refer 4 FIRE SAFETY USA, INCORPORATE _ Cash Payment E 222-42260-409 Other Equipment Repair CHECK FAULT CODES IN ECM- DIAGNOSTIC $240.00 FIRE TRUCK SVC Invoice 101206 5/30/2017 Cash Payment E 222-42260-409 Other Equipment Repair TANKER SVC- REPAIR WATER LEAKING $1,785.56 FROM TANK FILL- REPLACE PIPES & BUTTERFLY VALVE Invoice 101203 5/30/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $2,025.56 Refer 5 FIVE TECHNOLOGY Cash Payment E 101-41920-440 Other Contractual Servic MONTHLY MANAGED SVC & NETWORK $1,290.00 MTCE- JULY 2017 Invoice 10717-23 7/1/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $1,290.00 Refer 20 GALLS, INCORPORATED _ Cash Payment E 222-42260-210 Operating Supplies COLLAR BRASS- CAPT CLUTCH, 4 LT BARS $47.58 SMALL CLUTCH -FIREMEN Invoice 007664577 6/5/2017 -1840- CITY OF MOUND 07/06/1710: 10 AM Page 2 Payments Current Period: July 2017 Cash Payment E 222-42260-210 Operating Supplies 4 QTY ONE LINE BRASS NAMEPLATES- $45.28 FIREMEN Invoice 007664577 6/5/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $92.86 Refer 6 GRANGER _ Cash Payment E 602-49450-220 Repair/Maint Supply DOOR SWITCH, SCREW TERMINALS- $85.34 SEWER DEPT Invoice 9478065601 6/20/2017 Transaction Date 7/6/2017 Refer 7 HD SUPPLY WATERWORKS, LTD Cash Payment E 601-49400-210 Operating Supplies Invoice H242119 6/19/2017 Cash Payment E 601-49400-210 Operating Supplies Invoice H414310 6/29/2017 Cash Payment E 601-49400-210 Operating Supplies Invoice H242119 6/19/2017 Cash Payment E 601-49400-210 Operating Supplies Invoice H242119 6/19/2017 Wells Fargo 10100 Total $85.34 WATER METERS- QTY 8 1 1/4" CURB BOX $1,062.40 SLEEVES & CURB BOX REPAIR TOPS 6/19/2017 8 WATER MTERS- 3/4" $998.87 WATER METER CLAMPS $268.84 WATER METER CURB BOXES, STATIONARY $240.04 RODS 6/19/2017 Cash Payment E 601-49400-210 Operating Supplies WATER METER CLAMPS $124.85 Invoice H242119 6/19/2017 Cash Payment E 601-49400-210 Operating Supplies AC WALL CHARGER $103.80 Invoice H242119 6/19/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $2,798.80 Refer 8 HO VERSTEN, ERIC _ Cash Payment E 101-41310-331 Use of personal auto REIMB MILEAGE- CITY MEETINGS- BOLTON $58.85 & MENK- CHASKA, HENNEPIN COUNTY ADMIN- RIDGEDALE- E. HOVERSTEN JUNE 2017 Invoice 071117 6/30/2017 Transaction Date 7/6/2017 Refer 9IVERSON, NOAH Cash Payment E 101-41500-331 Use of personal auto Invoice 071117 6/30/2017 Cash Payment E 101-41500-331 Use of personal auto Wells Fargo 10100 Total $58.85 REIMB MILEAGE- INVESTMENT TRAINING- $33.38 NEW BRIGHTON- N. IVERSON- 6-29-17 REIMB MILEAGE- SOFTWARE TRAINING- $35.10 BURNSVILLE- N. IVERSON, C PAUSCHE, C ROBERTS- 6-27-17 Invoice 071117 6/30/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $68.48 Refer 10 JEFFERSON FIRE AND SAFETY, IN _ Cash Payment E 222-42260-219 Safety supplies FIRE UNIFORMS- 5 SETS- PANTS, TAILS- $10,640.70 TIM PALM, TANNER PALM, B BERENT, D. BERENT. J. OTTENBREIT Invoice 237859 5/31/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Refer 11 LANO EQUIPMENT, INCORPORAT _ Cash Payment E 101-45200-220 Repair/Maint Supply HYDRAULIC LINES- BOBCAT T-190 Invoice 03-457721 6/12/2017 -1841- Total $10,640.70 $158.01 CITY OF MOUND Payments Current Period: July 2017 Cash Payment E 101-45200-220 Repair/Maint Supply Invoice 03-458661 6/15/2017 Transaction Date 7/6/2017 Refer 12 OFFICE DEPOT Cash Payment E 101-41930-200 Office Supplies Invoice 938517927001 6/26/2017 PO 24818 Cash Payment E 101-41930-200 Office Supplies Invoice 938518049001 6/24/2017 PO 24818 Cash Payment E 101-41930-200 Office Supplies Invoice 938518050001 6/26/2017 PO 24818 Cash Payment E 101-41930-200 Office Supplies Invoice 938506880001 6/26/2017 PO 24818 CREDIT RETURN HYDRAULIC LINES - BOBCAT T-190 Wells Fargo 10100 Total COLORED COPY PAPER, EXPANDING POCKET LEGAL FILES, RUBBERBANDS, BINDER CLIPS -CITY HALL COMP BOOK BINDER CLIPS- SMALL- CITY HALL ADDRESS LABELS, COPY PAPER- CITY HALL 07/06/17 10:10 AM Page 3 -$87.90 $70.11 $39.59 $12.38 $1.00 $142.23 Transaction Date 7/6/2017 Wells Fargo 10100 Total $195.20 Refer_ ,. 13 POTTS, KENNETH N. P.A. _ q Cash Payment E 101-41600-304 Legal Fees 2ND QTR 2017 PROSECUTION SVCS $12,500.00 Invoice 0711117 6/30/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $12,500.00 Refer 14 PROPET DISTRIBUTORS, INC. _ Cash Payment E 101-45200-210 Operating Supplies DOGIPOT SMART LITTER PICK UP BAGS- $172.90 PARKS Invoice 118124 6/20/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $172.90 Refer 16 REPUBLIC SERVICES Cash Payment E 602-49450-384 Refuse/Garbage Dispose JULY 2017 GARBAGE SVC- PUB WKS $136.95 Invoice 0894-004389122 6/25/2017 Project 17-3 Cash Payment E 670-49500-440 Other Contractual Servic JUNE 2017 CITYWIDE RECYCLING SVC $14,494.95 Invoice 0894-004386799 6/25/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $14,631.90 Refer 19 RIDGEVIEW MEDICAL, WACON/A _ Cash Payment E 222-42260-434 Conference & Training AMBULANCE STANDBY- LIVE BURN 6-24-17 $278.00 Invoice 071117 6/27/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $278.00 Refer 22 S2 SERVICES, INC. _ Cash Payment E 222-42260-460 Janitorial Services EVERGLAZE MTCE SVC TO FIRE FIGHTERS $1,725.00 KITCHEN Invoice 0167 6/19/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $1,725.00 Refer 15 SPORTACULAR, INC. _ Cash Payment E 101-45200-218 Clothing and Uniforms 47 SCREENPRINT CITY OF MOUND LOGO $188.00 ON T SHIRTS & SAFETY VESTS- PARKS STAFF Invoice 7623 6/19/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $188.00 Refer 17 WASTE MANAGEMENT OF WI -MND -1842- 11 * \. C Payments Current Period: July 2017 07/06/17 10:10 AM Page 4 Cash Payment E 101-41930-384 Refuse/Garbage Disposa GARBAGE SERVICE AJULY 2017- CITY HALL $72.05 & FIRE DEPT Invoice 7040058-1593-8 6/28/2017 Cash Payment E 222-42260-384 Refuse/Garbage Dispose GARBAGE SERVICE JULY 2017- CITY HALL $72.05 & FIRE DEPT Invoice 7040058-1593-8 6/28/2017 Cash Payment E 101-45200-384 Refuse/Garbage Dispose GARBAGE SERVICE JULY 2017- PARKS $598.03 Invoice 7040059-1593-6 6/28/2017 Cash Payment E 602-49450-384 Refuse/Garbage Dispose GARBAGE SERVICE JULY 2017- PUB WKS $75.34 BLDG Invoice 7040060-1593-4 6/28/2017 Project 17-3 Transaction Date 7/6/2017 Wells Fargo 10100 Total $817.47 Refer 18 XCEL ENERGY _ Cash Payment E 101-43100-381 Electric Utilities SHORELINE -COMMERCE STREET LIGHTS 5- $43.08 24-17 THRU 6-25-17 Invoice 551683972 6/26/2017 Cash Payment E 602-49450-381 Electric Utilities ELECTRIC SVC 5-24-17 THRU 6-24-17 $84.04 CARLOW RD LIFT STATION Invoice 551574344 6/2612017 Cash Payment E 602-49450-381 Electric Utilities ELECTRIC SVC 5-22-17 THRU 6-21-17 - $86.57 LYNWOOD BLVD -02 LIFT STATION Invoice 552118271 6/29/2017 Cash Payment E 101-42115-381 Electric Utilities ELECTRIC SVC -CIVIL SIRENS- 5-26-17 THRU $41.23 6-20-17 Invoice 552118271 6/29/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $254.92 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $16,450.02 222 AREA FIRE SERVICES $15,334.17 601 WATER FUND $2,798.80 602 SEWER FUND $1,149.95 670 RECYCLING FUND $14,494.95 $50,227.89 Pre -Written Checks $0.00 Checks to be Generated by the Computer $50,227.89 Total $50,227.89 -1843- CITY OF MOUND Payments Current Period: July 2017 07/06/17 11:32 AM Page 1 Batch Name 071117HWS User Dollar Amt $88,983.34 BEER Payments Computer Dollar Amt $88,983.34 Invoice 3187770 6/22/2017 $0.00 In Balance Refer _ 1 AM CRAFT SPIRITS, INC. BEER Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $517.33 Invoice 8040 6/28/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $517.33 Refer 2 ARCTIC GLACIER PREMIUM ICE _ Invoice 3190281 7/3/2017 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $143.99 Invoice 1911718204 7/1/2017 BEER CREDIT Cash Payment E 609-49750-255 Misc Merchandise For R ICE $76.90 Invoice 1935717806 6/27/2017 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $155.56 Invoice 1928717506 6/24/2017 Refer 36 BELLBOY CORPORATION Cash Payment E 609-49750-255 Misc Merchandise For R ICE $393.68 Invoice 1971718409 7/3/2017 _ LIQUOR Cash Payment E 609-49750-255 Misc Merchandise For R ICE $118.99 Invoice 1911718507 7/4/2017 Transaction Date 7/6/2017 Due 12/31/2014 Wells Fargo 10100 Total $889.12 Refer 3 ARTISAN BEER COMPANY Cash Payment E 609-49750-252 Beer For Resale BEER $560.7( Invoice 3187770 6/22/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $437.7C Invoice 3189581 6/29/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $851.4C Invoice 3190281 7/3/2017 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT -$28,70 Invoice 389148 6/26/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $1,821.10 Refer 36 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale _ LIQUOR $2,813.43 Invoice 59602200 7/5/2017 Cash Payment E 609-49750-265 Freight FREIGHT $26.35 Invoice 59602200 7/5/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $2,839.78 Refer 4 BELLBOY CORPORATION Cash Payment E 609-49750-210 Operating Supplies _ SUPPLIES, BAGS $120.15 Invoice 96024100 6/26/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $200.50 Invoice 95999900 6/21/2017 Cash Payment E 609-49750-255 Misc Merchandise For R MDSE- SIP & STIR STRAWS, SWORD PICKS, $115.40 5 OZ 2 PC WINE Invoice 96024100 6/26/2017 Cash Payment E 609-49750-210 Operating Supplies SUPPLIES, BAGS $132.20 Invoice 96074400 7/5/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $568.25 Refer 5 BELLBOY CORPORATION - -1844- CITY OF MOUND 07/06/1711:32 AM Page 3 Payments Current Period: July 2017 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT -$125.00 Invoice 362-152 6/22/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $620.45 Invoice 1940487 6/29/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $10,351.31 Refer 10 CLEAR RIVER BEVERAGE CO. _ Cash Payment E 609-49750-252 Beer For Resale BEER $357.00 Invoice 67-2088 6/22/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $357.00 Refer 11 COCA COLA BOTTLING -MIDWEST Cash Payment E 609-49750-254 Soft Drinks/Mix For Rasa COCA COLA PRODUCTS- MIX $498.92 Invoice 3601203936 6/27/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $498.92 Refer 12 DAHLHEIMER BEVERAGE LLC Cash Payment E 609-49750-252 Beer For Resale BEER $1,462.50 Invoice 1287977 6/27/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $252.00 Invoice 1287920 6/22/2017 Cash Payment E 60949750-252 Beer For Resale BEER $252.00 Invoice 1287876 6/22/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $1,966.50 Refer 13 ENKI BREWING COMPANY _ Cash Payment E 609-49750-252 Beer For Resale BEER $65.00 Invoice 7362 6/23/2017 Cash Payment E 609-49750-252 Beer For Resale BEER $359.76 Invoice 7366 6/26/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $424.76 Refer 15 GRAPE BEGINNINGS, INCORPORA _ Cash Payment E 609-49750-253 Wine For Resale WINE $116.00 Invoice 23169 6/22/2017 Cash Payment E 60949750-265 Freight FREIGHT $6.75 Invoice 23169 6/22/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $114.00 Invoice 23169 6/22/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $236.75 Refer 14 GRAPE BEGINNINGS, INCORPORA _ Cash Payment E 609-49750-253 Wine For Resale WINE $540.00 Invoice 23448 6/28/2017 Cash Payment E 609-49750-265 Freight FREIGHT $9.00 Invoice 23448 6/28/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $549.00 Refer 16 GROWLER MAGAZINE Cash Payment E 50949750-340 Advertising 1/4 PAGE AD -HWS- JULY 2017 ISSUE $512.00 Invoice 2690 7/1/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $512.00 Refer 17 HOHENSTEINS, INCORPORATED -1845- CITY OF MOUND Payments Current Period: July 2017 07/06/17 11:32 AM Page 4 Cash Payment E 609-49750-252 Beer For Resale BEER $1,911.00 Invoice 901951 6/22/2017 Transaction Date 7/6/2017 Wells Fargo Cash Payment E 609-49750-252 Beer For Resale BEER $792.00 Invoice 903404 6/29/2017 Invoice 2709881 7/5/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $2,703.00 Refer 19 JJ TAYLOR. DISTRIBUTING MINN _ E 609-49750-252 Beer For Resale Cash Payment E 609-49750-252 Beer For Resale BEER $75.80 Invoice 2709829 6/28/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Rasa MIX Invoice 2709814 6/23/2017 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2676448 6/28/2017 Transaction Date 7/6/2017 Wells Fargo _Refer 18JJ TAYLOR, DISTRIBUTING MINN _ Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2709881 7/5/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Rasa MIX Invoice 2709881 7/5/2017 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2709882 7/5/2017 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 2709862 6/30/2017 Transaction Date 7/6/2017 Wells Fargo Refer 20 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 630528 6/13/2017 Cash Payment E 609-49750-252 Beer For Resale BEER CREDIT Invoice 630526 6/13/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT Invoice 631008 6/15/2017 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT Invoice 630527 6/13/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT Invoice 631007 6/15/2017 Transaction Date 7/6/2017 Wells Fargo Refer 21 JOHNSON BROTHERS LIQUOR _ Cash Payment E 60949750-251 Liquor For Resale LIQUOR Invoice 5760535 6/28/2017 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 5760536 6/28/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 5756118 6/22/2017 Transaction Date 7/6/2017 Wells Fargo Refer 22 MILLNER HERITAGE VINEYARD & _ Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 262617-1 6/26/2017 10100 10100 $150.00 $7,347.03 Total $7,572.83 $60.00 $201.90 $6,616.07 $125.00 Total $7,002.97 -$24.00 -$2.50 -$26.50 -$9.71 -$13.83 10100 Total -$76.54 $8,018.53 $4,749.90 $1,309.00 10100 Total $14,077.43 $141.00 Transaction Date 7/6/2017 Wells Fargo 10100 Total $141.00 _. -1846----- CITY OF MOUND 07/06/1711:32 AM Page 5 Payments Current Period: July 2017 Refer 23 MINNEHAHA BUILDING MAINTENA _ $420.00 Cash Payment E 609-49750-440 Other Contractual Servic WASH WINDOWS INSIDE & OUT 5-29-17 $65.19 Invoice 928073710 6/18/2017 $8,75 Transaction Date 7/6/2017 Wells Fargo 10100 Total $65.19 Refer 24 MOUND, CITY OF _ $168.00 Cash Payment E 609-49750-382 Water Utilities WATER SERVICE 4-28-17 THRU 6-1-17 HWS $61.80 Invoice 071117 6/20/2017 $2.25 Transaction Date 7/6/2017 Wells Fargo 10100 Total $61.80 Refer 25 MUZAK -MINNEAPOLIS Cash Payment E 609-49750-440 Other Contractual Servic 3RD QTR 2017 MUSIC SERVICE- HWS Invoice 53314819 7/1/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Refer 26 PARLEY LAKE WINERY Cash Payment E 609-49750-253 Wine For Resale Invoice 17139 6/25/2017 Transaction Date 7/6/2017 Refer 28 PAUSTIS AND SONS WINE COMPA WINE Wells Fargo 10100 $400.94 Total $400.94 $163.50 Total $163.50 Cash Payment E 609-49750-253 Wine For Resale WINE $420.00 Invoice 8594593 6/26/2017 Cash Payment E 609-49750-265 Freight FREIGHT $8,75 Invoice 8594593 6/26/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $168.00 Invoice 8594596 6/26/2017 Cash Payment E 609-49750-265 Freight FREIGHT $2.25 Invoice 8594596 6/26/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $599.00 Refer 27 PAUSTIS AND SONS WINE COMPA _ Cash Payment E 609-49750-253 Wine For Resale WINE $1,372.00 Invoice 8595386 7/3/2017 Cash Payment E 609-49750-265 Freight FREIGHT $17.50 Invoice 8595386 7/3/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $1,389.50 Refer 29 PHILLIPS WINE AND SPIRITS, INC _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $521.50 Invoice 2189836 6/28/2017 Cash Payment E 609-49750-253 Wine For Resale WINE $1,518.50 Invoice 2189837 6/28/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $72.00 Invoice 2189838 6/28/2017 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT -$128.00 Invoice 267159 6/15/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $1,984.00 Refer 30 RED BULL DISTRIBUTION CO. INC Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $108.00 Invoice K-25910320 7/3/2017 Transaction Date 7/6/2017 Wells Farao 10100 Total $108.00 -1847- n- e 11:•k,C Payments Current Period: July 2017 07/06/17 11:32 AM Page 6 31 SOUTHERN WINE & SPIRITS OF M _ _Refer Cash Payment E 609-49750-253 Wine For Resale WINE $2,979.56 Invoice 1561722 6/29/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,825.55 Invoice 1561724 6/29/2017 Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT -$363.75 Invoice 9107019 6/23/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $80.00 Invoice 1561723 6/29/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $6,521.36 Refer 32 ST JOHN S CHURCH Cash Payment E 609-49750-340 Advertising ADVERTISING IN THE REED NEWSLETTER $200.00 JUNE 2017 THRU MAY 2018 Invoice 176 5/3/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $200.00 Refer 33 VINOCOPIA, INCORPORATED _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $226.00 Invoice 0182949 6/23/2017 Cash Payment E 609-49750-265 Freight FREIGHT $5.00 Invoice 0182949 6/23/2017 Cash Payment E 609-49750-253 Wine For Resale WINE $88.00 Invoice 0182951 6/23/2017 Cash Payment E 609-49750-265 Freight FREIGHT $2.50 Invoice 0182951 6/23/2017 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa SODA $40.00 Invoice 0182950 6/23/2017 Cash Payment E 609-49750-265 Freight FREIGHT $2.50 Invoice 0182950 6/23/2017 Cash Payment E 609-49750-253 Wine For Resale WINE $584.00 Invoice 0182953 6/23/2017 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $584.00 Invoice 0182952 6/23/2017 Cash Payment E 609-49750-265 Freight FREIGHT $7.50 Invoice 0182952 6/23/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $1,539.50 Refer 34 WINE COMPANY Cash Payment E 60949750-253 Wine For Resale WINE $928.00 Invoice 41225 6/29/2017 Cash Payment E 60949750-265 Freight FREIGHT $18.15 Invoice 41225 6/29/2017 Cash Payment E 60949750-253 Wine For Resale WINE $196.00 Invoice 40562 6/22/2017 Cash Payment E 609-49750-265 Freight FREIGHT $4.20 Invoice 40562 6/22/2017 Transaction Date 7/6/2017 Wells Fargo 10100 Total $1,146.35 Refer 35 WINE MERCHANTS _ Cash Payment E 60949750-254 Soft Drinks/Mix For Resa MIX -SODA Invoice 7138836 6/28/2017 $39.50 Transaction Date 7/6/2017 Fund Summary 609 MUNICIPAL LIQUOR FUND CITY OF MOUND Payments Current Period: July 2017 Wells Fargo 10100 10100 Wells Fargo $88,983.34 $88,983.34 Pre -Written Checks $0.00 Checks to be Generated by the Computer $88,983.34 Total $88,983.34 07/06/17 11:32 AM Page 7 Total $39.50 MOUND CITY COUNCIL MINUTES June 27, 2017 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 27, 2017, at 7:00 p.m. in the Council Chambers of the Centennial Building. Members present: Mayor Mark Wegscheid, Council Members Ray Salazar, Jeff Bergquist, Kelli Gillispie, and Jennifer Peterson Members absent: none Others present: City Manager and Director of Public Works Eric Hoversten, Community Development Director Sarah Smith, Administrative Assistant Mary Mackres, Assistant City Engineer Brian Simmons of Bolton & Menk, Consultant Planner Rita Trapp, Director of Finance and Administrative Services Catherine Pausche, Roger Fink, Rita Hughes, Terry Hughes, Dan Anderson, Fritz Gullickson, Louis Colson, Tom Pfeiffer, and Steve McDonald. Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Wegscheid called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance 3. Approve agenda Hoversten noted that Item 41 actually starts on page 1709, not 1708, and, staff is adding Item 4J, page 1710a -1710c, as a consent item for approval of a musical concert permit for private event at 3038 Brighton Commons. MOTION by Salazar, seconded by Peterson, to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda MOTION by Salazar, seconded by Gillispie, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $1,296,933.51 B. Approve Minutes: 06-13-17 Regular Meeting C. RESOLUTION NO. 17-82: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF MOUND AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FISCAL YEARS 2018- 2020 -1850- Mound City Council Minutes — June 27, 2017 D. Approve Pay Request No. 14 from Geislinger & Sons, Inc. in the amount of $235,465.41 for the 2015 Street, Utility and Retaining Wall Improvements - Grandview Boulevard and Tuxedo Boulevard, City Project Nos. PW -15-02 and PW -15-01 E. RESOLUTION NO. 17-83: RESOLUTION ACCEPTING BID FOR THE 2017 LIFT STATION AND FORCEMAIN IMPROVEMENT PROJECT (PW -17-05), LS C5, COMMERCE BLVD. F. Approve the following project related pay requests: 1. Norlings Lake Minnetonka Landscapes, Inc. totaling $6,175.25 for the 2016 Street Improvement Project, Bartlett Blvd, City Project No. PW -16-01 2. American Engineering Testing, Inc. totaling $5,830.00 for the 2017 Lift Station/Forcemain Improvement Project, City Project No. PW -17-05 G. RESOLUTION NO. 17-84: RESOLUTION APPROVING THE DECLARATION AMENDMENT BETWEEN IKM LIMITED PARTNERSHIP, LLC AND MINNEHAHA CREEK WATERSHED DISTRICT H. RESOLUTION NO. 17-85: RESOLUTION APPROVING MUSICAL CONCERT PERMIT APPLICATION FOR PRIVATE EVENT ON JUNE 28, 2017 AT MOUNT OLIVE LUTHERAN CHURCH I. RESOLUTION NO. 17-86: RESOLUTION DELEGATING MINNESOTA WETLAND CONSERVATION ACT (WCA) LGU AUTHORITY TO THE CITY OF MINNETRISTA FOR METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) L-38 FORCEMAIN INTERCEPTOR PROJECT NO. 7021 J. (Added) RESOLUTION NO. 17-93: RESOLUTION APPROVING MUSICAL CONCERT PERMIT APPLLICATION FOR PRIVATE EVENT ON JULY 9, 2017 AT 3038 BRIGHTON COMMONS 5. Comments and suggestions from citizens present on any item not on the agenda. None offered 6. Brian Simmons Bolton & Menk Inc presenting Feasibility Report and requesting action on the following: A. Resolution Receiving Feasibility Report and Calling for Hearing on the 2018 Street, Utility and Retaining Wall Improvement Project - Westedge Boulevard, City Project No. PW -18-01 Brian Simmons presented feasibility study, including maps showing all project areas within the City that have already been completed. Simmons said Met Council is working on a project that will close County Road 44/Westedge Blvd and Bolton & Menk/City of Mound will be doing the City's project in conjunction with Met Council, who will be the administering agent for the bid and construction oversight. Simmons said the project is expected to last two years. Simmons says that the City is reconstructing the roadway in its existing footprint, not changing any widths and replacing curb only where needed, with watermain 1851- Mound City Council Minutes — June 27, 2017 improvements done throughout. Simmons said some upgrades to larger pipes will take place and noted that the City will save some money since Met Council will already have the street dug up. Simmons said the storm sewer project will replace catch basins and noted a trail will be added in accordance with the Comprehensive Plan that called for an 8 -ft bituminous trail with a 4 -ft boulevard. Simmons said the City will follow the Met Council's path of construction along the south side of Westedge. Simmons presented the financials for the project stating the total City project cost is $2.188 million, not including $899K of City improvements paid for by the MCES. Simmons noted special assessments for abutting properties will be capped at $6,600 per equivalent residential unit. Simmons noted Westedge is in bad condition and that the City needs to coordinate with the MCES project because the county would not allow digs under their new projects for about seven years. Peterson asked what portion of the project has already been budgeted. Hoversten said the re -pavement was already budgeted, but the water main project was not and that City plans to replace water line on Commerce Blvd from Grandview to Three Points in 2019 may be pushed back, although he noted the cast iron pipe has some vulnerability. Simmons said that the condition of Westedge is very poor from localized heavy truck traffic so this portion will be built thicker so that it will be protected in the future. Peterson asked where trucks will go during this 2 -yr construction period and how can the City protect the roads that have already been worked on. Hoversten said that Halstead will be the local traffic detour for Westedge. Hoversten plans to work with the City of Minnetrista and Hennepin County to post Westedge as a 4 -ton road throughout the duration the project, which would keep the heavier trucks off the road. Hoversten said the project will start in spring of 2018 with "construction forthcoming" signs put up this fall. Simmons says there will be a big communications campaign with the Met Council, including an open house on July 17th in the Mound council chambers, and noted the City is starting to get information out about the impacts of the project. Simmons presented the timeline for the project, including bids opening in November with construction to begin in April. Peterson asked who has been meeting with the Met Council on behalf of the City. Simmons says regular discussions with Met Council are ongoing with the team of Bolton & Menk and the City Staff. Peterson said she doesn't think Met Council is contributing enough. Hoversten says the whole project is 2 -years, but the Westedge/Mound section should be one year. Simmons said the Met Council is contributing about $900,000 for Mound projects. Gillispie asked if the representative from the Met Council who represents Mound has been involved in any portion of this project planning. Hoversten said no. Bergquist asked what the tonnage rating for Westedge will be when the project is completed. Simmons said that it will be a 9 -ton road. -1852- 7. Mound City Council Minutes — June 27, 2017 MOTION by Salazar, seconded by Bergquist, to approve resolution. All voted in favor. Motion carried. RESOLUTION NO. 17-87: RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR HEARING ON THE 2018 STREET, UTILITY, AND RETAINING WALL IMPROVEMENT PROJECT - WESTEDGE BOULEVARD, CITY PROJECT NO. PW -18- 01 Steve McDonald, Managing Partner of Abdo, Eick & Meyers, presented the 2016 audit report and management letter. McDonald said the firm gave the City a Modified Opinion because the City has chosen not to implement a couple of Governmental Accounting Standards regarding pensions and other post employment benefits due to the additional costs not justifying the value of the information. McDonald said that decision has no affect on decisions made on financial statements and is acceptable to state auditor. McDonald also noted one finding which is technical in nature, that requires advanced encumbered Municipal State Aid funds be deferred and recognized in the actual grant year. McDonald noted this has no impact on the performance of the Finance Department. McDonald walked through the information in the Management Report beginning with the General Fund noting the positive increase in fund balance over the past 5 years to 57% of 2017 budgeted expenditures. McDonald noted the favorable variance to budget for 2016 of $347K, mainly due to license and permit revenue being better than expected. McDonald then walked through the Special Revenue and Capital Project funds, noting the increase in fund balance is unspent bond proceeds. He noted the Debt Service Funds have $33M in bonds outstanding and that there was positive cash flow in all the debt funds. McDonald noted the city is highly leveraged, and that long range planning is critical to ensure financial viability. McDonald then covered the Enterprise Funds, noting the municipal liquor fund had an increase in revenue but slight declines in gross profit and operating income percentages, something to watch. McDonald noted the public housing sale in 2016 will make that fund go away and that the recycling fund has small activity and positive receipts. McDonald said each of the utility funds, water, sewer and storm water all had operating receipts that exceeded operating expenses and debt service. All had increases in fund balance mainly due to unspent bond proceeds. McDonald noted the outstanding bonds of $19M, $10M and $5M in water, sewer and storm water, respectively. McDonald noted the ratio analysis that compares Mound to other cities of similar size (2,500 - 10,000) noting Mound's debt to assets leverage and debt per capita is higher, but current expenditure per capita is lower. Mayor Wegscheid made a motion to direct staff to receive the report. Second by Salazar. All voted in favor. Motion carried. -1853- Mound City Council Minutes — June 27, 2017 8. Review/discussion of Serenity Hill on Halsted Bay Proiect 6639 Bartlett Boulevard Applicant: Dan Anderson Requested Actions Sarah Smith presented two actions to consider: 1) final plat for Serenity Hill on Halstead Bay and, 2) the development agreement that will guide and regulate the project. Applicant is Dan Anderson. Smith said the project will provide 70 condominium units for 60+ seniors and that three quarters of the project is on the City of Minnetrista side, with one 10 -unit condo building and a beach building in Mound. Smith said the Project has been reviewed and approved by the Cities of Mound and Minnetrista and that planning has been going on for about one and one-half years. Smith says the activities that the City and the development team have been working on are related conditions that were put on the preliminary plat and related land use approvals. Staff has also been working on agency related matters and noted the project has received conditional approval for storm water and erosion control from the Minnehaha Creek Watershed District (MCWD) subject to conditions. Staff has also received preliminary review on the final construction plans from Hennepin County with one outstanding item having to do with the paved shoulder on north side. Smith says the Mound piece of property has been formerly closed on and purchased by the development company. Staff and the development team recommend approval of the resolutions presented tonight. A. Action on Resolution Approving Final Plat for Serenity Hill on Halsted Bay MOTION by Salazar, seconded by Gillispie, approving resolution. All voted in favor. Motion carried. RESOLUTION NO. 17-88: RESOLUTION APPROVING MAJOR SUBDIVISION -FINAL PLAT FOR SERENITY HILL ON HALSTED BAY B. Action on Resolution Approving Planned Area Development Agreement for Serenity Hill on Halsted Bay MOTION by Salazar, seconded by Bergquist, approving resolution. All voted in favor. Motion carried. RESOLUTION NO. 17-89: RESOLUTION APPROVING PLANNED AREA DEVELOPMENT AGREEMENT FOR SERENITY HILL ON HALSTED BAY Dan Anderson thanked all for their effort and time put into the project. Anderson says groundbreaking will be in September. Anderson will send out communication pamphlets to all the neighbors. Anderson and his team are coming up with strategies to get a committee together to tie Serenity in so it is seamless. Anderson says this project has been getting an amazing amount of press as it was a huge risk due to city lines crossing. Anderson will be reaching out to downtown Mound businesses to bring them in and seeing what services they could provide to the site. This is an opportunity to display to the region as a model to look at. Mound City Council Minutes — June 27, 2017 Anderson is figuring out how to capitalize on this. Anderson will start that process around the first of 2018. 9. Review/discussion of Dutch Lake Preserve Project 1861 Commerce Boulevard Requested Actions: A. Action on Resolution Rescinding Resolution No,. 95-98 for variance that allowed construction of a screened porch at 1861 Commerce Boulevard dated September 28, 1995 and recorded as Document No. 6482484 Variance Approved by Resolution No. 95- 98 at 1861 Commerce Boulevard Rita Trapp presented resolutions pertaining to Dutch Lake Preserve project, noting that in July of 2016, the City Council approved the major subdivision and preliminary plat submitted by Trident Development for a 72 -unit senior, assisted living/memory care rental housing project and now the final plat has been submitted. Trapp said all issues have been resolved to Staffs satisfaction and that the final plat is consistent with what was previously approved, with no changes to the original proposal. Trapp said she anticipates future sanitary sewer improvements and that an existing variance needs to be terminated as it goes with property as well as a restrictive covenant that existed before restricting grading and building. Trapp says the new plat establishes an out -lot in that area, so no need for the covenant. Trapp says the development agreement is still being worked on. Roger Fink, Trident Development in St. Cloud, thanked staff for their support. Fink stated that there is a high likelihood that the monument sign would be affected by the lift station and notes that a variance may be needed due to this. Fink said he was prepared to talk about exterior materials in detail, however, nothing had really changed from the preliminary plans and Council was satisfied with the brief overview. Fink reviewed the project timeline, noting demo has been done and hazardous materials have been removed and construction financing is in negotiation now. An appraisal has been ordered and Trident will close shortly after that. Fink says Trident is still waiting for the plan review and building review from MNSpect, but the permit should be ready in time for an August 1st closing with construction start soon after. Fink says the construction period should last 12 months. Hoversten says that Mr. Fink and his team have been very accommodating and cordial to work with and noted the proposed lift station that sits on the east side of County Road 110 in front of Huber Funeral Home would be beneficial to get that out of the county right-of-way from a City maintenance perspective. Hoversten agrees with Mr. Fink in saying the monument sign for the development will be pushed closer to the road, which would also provide some screening for the City's utility and give Trident's advertising monument sign a more prominent position. Hoversten thanked Mr, Fink and his team for working closely with the City. MOTION by Salazar, seconded by Gillispie, approving resolution. All voted in favor. Motion carried. RESOLUTION NO. 17-90: RESOLUTION RESCINDING RESOLUTION 95-98 FOR VARIANCE THAT ALLOWED CONSTRUCTION OF A SCREENED PORCH AT 1861 -1855- 10 Mound City Council Minutes — June 27, 2017 COMMERCE BOULEVARD DATED SEPTEMBER 28, 1995 AND RECORDED AS DOCUMENT NO. 6482484 B. Action on Resolution Terminating Declaration of Restrictive Covenants dated January 29, 1990 and recorded as Document No. 5622339 MOTION by Salazar, seconded by Gillispie, approving resolution. All voted in favor. Motion carried. RESOLUTION NO. 17-91: RESOLUTION TERMINATING DECLARATION OF RESTRICTIVE COVENANT DATED JANUARY 29, 1990 AND RECORDED AS DOCUMENT NO. 5622339 C. Action on Resolution Approving Final Plat for Dutch Lake Preserve MOTION by Salazar, seconded by Bergquist, approving resolution. All voted in favor. Motion carried. RESOLUTION NO. 17-92: RESOLUTION APROVING THE MAJOR SUBDIVISION -FINAL PLAT OF DUTCH LAKE PRESERVE Louis Colson and Wayne Ehlebracht (owner) Rita Trapp, Consultant Planner presented a sketch plan review for the property at 4873 Shoreline Drive. She said that staff recommends sketch plan reviews as it provides the opportunity for the applicant to hear the Council's thoughts. Tripp added the site is located on Shoreline Drive and is currently guided as medium residential and is zoned R2 with the lot being .81 acre in size. Tripp said there is currently a single family home on the site which will be removed. Tripp stated the applicant has presented two concepts; one would have five single-family lots; and the other concept would have one single-family lot and two twin -homes. She added that at the June 6, 2017, Planning Commission meeting, all Commissioners were in favor of the single-family concept and the overall density is the same for both with Commissioners being open to either option. Trapp says the single-family home option will entail a comprehensive plan amendment and will likely need variances and the twin -homes would require a variance for lot size and a Conditional Use Permit. Trapp says the community is interested in single-family housing, as is the applicant and staff is interested in diversifying the housing stock. Trapp says this is just a discussion with no formal action needed at this time. Mayor Wegscheid said he doesn't see too much passion either way with the Planning Commission or the neighborhood. Wegscheid asked what costs were involved when the City does a Comprehensive Plan amendment. Trapp says that the fees would be taken on by the developer. Wegscheid asked if the City would be getting on Met Council's nerves if the City keeps amending the comp plan? Trapp is not concerned with the number of times the comp -1856- Mound City Council Minutes — June 27, 2017 plan is amended. Wegscheid asked how long a comp plan change would take. Smith says it would take a minimum of two months. Trapp says a site specific change could be done quickly. Smith says that the last discussion with the Serenity project took 60 days to approve or act on before it went to the Met Council. Hoversten asked why one lot would make the City go back for a comp plan amendment even if the plan is supportive of increased density. Trapp says that medium density implies an R3 zoning. Wegscheid's viewpoint is leaning towards going with the six twin -units and added that this plan seems like it is the most simplistic for the process. Peterson says that the Council shouldn't get hung up on zoning and Hoversten commented that in the public engagement survey on Social Pinpoint, the theme from people was that they don't like seeing apartments as they enter Mound from the east. Gillispie said that it's probably more about how apartments look, not that they are there. Wegscheid asked if density would have to be compensated in another area. Trapp said she is trying to figure that out. Trapp said the City is exploring land use concepts with the focus being the downtown area to which Hoversten added that the City is focusing the density downtown. Wegscheid says the temporary fix would be to go for single-family on this project. Bergquist says he is only in favor of single-family housing on this project. Salazar likes the single-family option or at the most, four twin -units. Gillispie says she leans towards two twin -homes and one single-family home. Gillispie believes the price point would be better with that option. Gillispie says the single-family option looks too crowded. Peterson leans towards single-family housing. Peterson commented that the community wanted a single-family project in that neighborhood. The team which is working on the project addressed the Council. Tom Pfeifer, 1808 Shorewood, Louie Coulson, 5657 Grandview, Fritz Gullickson, 637 Harmony Circle,. Pfeifer has polled the neighbors and they favored single-family housing which is what exists on the block. Pfeifer says the goal is to make these single-family homes priced in the $400s. He added that density doesn't change whether it's single-family or townhomes. Pfeifer says they prefer to build single-family homes and the builder can make the homes more attractive than townhomes. Pfeifer says he is interested in working with the City on building multi-level townhomes downtown. Wegscheid thanks Pfeifer for investing in the community. Salazar thanks Pfeifer for his insight and thought on these home plans. Gullickson says he wants the entrance to Mound to look interesting. 11. Review/discussion regarding short-term/vacation house rental operation and need for Sarah Smith presented preliminary information from the public comments from the last Council meeting relating to short term rentals. She said staff did some research and requests direction from Council. Smith noted that VRBO and Airbnb are on the rise and wondered whether or not the City should look at if there is a need for licensing of short term rentals at this time. Smith noted that the Lake is very prominent and is highly used and a great amenity. Smith added that staff are looking at whether the Council deems short-term rental uses as appropriate and -1857- Mound City Council Minutes — June 27, 2017 acceptable without regulations or does the City need regulations to stay compatible with the neighborhoods. Smith said staff is requesting direction from Council to study the matter. Smith says that If the Council would like Staff to do research on the issue staff could have something ready to come back to the Council with around the fall which should give the City enough time to put something in place before the Super Bowl comes to town. Smith says the City would also encourage a public input portion either at Planning Commission or Council level. Smith says Staff should include input from users of this type of endeavor as well. Wegscheid says it is eye-opening to see neighbors' viewpoint and says doing more research is valid. Salazar concurs with the Mayor. Salazar says he has a rental property out of state in a resort areas and added that short-term rentals are the norm in resort areas. Salazar feels it is not the norm in Mound and Council needs to be aware of this. Salazar says he doesn't want to live next to a short-term rental and says he wants to see what's being done around the City. Giilispie has done VRBO and has no issues with it. Giliispie asked what the difference between short-term and long-term rentals is. Salazar believes that a long-term renter participates in community. Gillispie said that a short-term renter actually bought a house in Mound because they were able to enjoy the community while they were here on a short-term rental basis. Smith wants to understand what other communities have done and how do the short-term rentals affect our community as this topic has become more of an issue. Wegscheid feels this is an opportunity to get educated on the issue. Wegscheid also brought up the concern about how this would be enforced. MOTION by Wegscheid, seconded by Salazar, to direct Staff to conduct a planning study of short-term rentals to be brought back to Council in August or September. All voted in favor. Motion carried. Peterson asked about looking at long-term rentals. Smith says these are two different things and doesn't believe long-term and short-term should not be tied together. 12. Information/Miscellaneous A. Comments/reports from Council Members Hoversten noted the following upcoming events: 7/21-22 - Spirit of the Lakes — Medallion hunt has started 7/20 — Wounded Warrior Ride will be moving to St. Paul 8/12 - Dog Days 8/24-9/04 - State Fair 9/05 - First day of school 9/09 - Running of the Bays The July Planning Commission meeting has been rescheduled from 7/04 to 7/18 and the August 1 Planning Commission meeting conflicts with National Night Out so this date for the meeting will be changed City Offices are closed on 7/04 B. Reports: Liquor Store - May 2017 C. Minutes: Parks & Open Spaces Commission - May 11, 2017 Mound City Council Minutes — June 27, 2017 D. Correspondence: WeCAN - June 7, 2017 13. Adjourn MOTION by Peterson, seconded by Bergquist, to adjourn at 9:22 p.m. All voted in favor. Motion carried. Attest: Catherine Pausche, Clerk -1859- Mayor Mark Wegscheid 2415 Wilshire Boulevard Mound, MN. 55364 (952)472-0605 Memorandum To: Honorable Mayor and City Council From: Field Officer Stewart B. Simon Date: July 6, 2017 Consent Agenda Item 4 (C): Amendment to Consent and Waiver Agreement Re: with respect to the hazardous building located on the property at 6077 Aspen Road On March 28, the Council adopted Resolution 17-48, approving a Consent and Waiver Agreement (the "Agreement) with respect to the hazardous building located on the property at 6077 Aspen Road. Per the Agreement, the project costs were estimated to be $45,000.00, with 120% of the estimate or $54,000.00 assessable to the subject property. In the event the actual costs of this project exceeded 120% of the estimate, the City was required to provide written notification to the property owner, Terence Sincheff; the property owner then had five (5) days to provide written response to the City approving and accepting an increase to the project costs. Staff solicited four (4) contractors to bid the project, of which, three (3) submitted bids: Contractor Bid Amount Lindstrom Restoration $69,020.09 ServiceMaster $64,582.87 Grady Restoration, LLC. $53,973.77 SceneClean MN Bid Withdrawn Upon reviewing the bids, additional repairs to abate the hazardous conditions were identified, which resulted in the bids received being higher than originally estimated. Staff has determined the actual costs associated with this project will therefore exceed 120% of the initial estimate, based on the lowest bid amount, costs incurred to date, and anticipated ancillary costs associated with project completion. On July 5, 2017, Staff provided Mr. Sincheff with written and verbal notice of Staff determination that the project would exceed 120% of the initial estimate and requested approval and acceptance of an increase in estimated cost to $65,000.00, with 120% of the increase, or $78,000.00 assessable to the subject property. Per the terms of the Agreement, Mr. Sincheff has until Monday, July 10, 2017, to provide written notice to the City, approving and accepting the increase in project costs, in order for the City to continue with the project. If a written response is not received by Monday, July 10, 2017, the Agreement will terminate and the City will proceed with a hazardous building action, pursuant to Minnesota Statutes Chapter 463. :.1 As of the date of this memo, Mr. Sincheff has verbally approved and accepted the increase in estimated costs to this project and has advised written confirmation is forthcoming. Based upon Mr. Sincheff's verbal commitment to the increase, Staff requested the City Attorney prepare an amendment to the Consent and Waiver Agreement, to incorporate the increased project costs. As with the original Agreement, the costs associated with this project will be collected as a special assessment, deferred until the earliest of the following three events: (1) the sale, transfer, or any other conveyance of the subject property to another, (2) the death of Mr. Sincheff, or (3) 15 years from the date the Agreement was first executed. It is important to note; the Agreement and amendment are recorded against the title of the subject property. In the case of the subject property, the original Agreement is the only lien against the subject property and, as such, the City will be first to collect the full amount of any special assessment upon one of the previously mentioned events. Requested actions. Staff recommends the City Council take the following actions: 1. The City Council adopt the attached resolution to approve an amendment to the Consent and Waiver Agreement entered into by the City on March 28, 2017, amending paragraph 3, Cost Estimate of the Agreement by deleting $45,000 and replacing it with $65,000. 2. The City Council approve the attached Amendment to Consent and Waiver Agreement and authorize execution by the Mayor and City Manager. 2 -1861- CITY OF MOUND RESOLUTION NO. 17 - RESOLUTION APPROVING AMENDMENT TO CONSENT AND WAIVER AGREEMENT FOR PROPERTY AT 6077 ASPEN LANE WHEREAS, the City Council, on March 28, 2017, approved Resolution No. 17-48 that approved a Consent and Waiver Agreement ("Agreement") with the property owner, Terence Sincheff ("Property Owner"), with respect to a hazardous building located at 6077 Aspen Road ("Subject Property") ; and WHEREAS, Paragraph 3, Cost Estimate, of the Agreement estimated the project costs to be $45,000.00 with a cap of 120% of the estimate or $54,000.00 to be assessable to the Subject Property; and WHEREAS, bids received for the project exceeded the maximum amount provided in the Agreement with the additional costs attributed to the need for additional repairs to abate the hazardous conditions; and WHEREAS, the Property owner was provided five (5) days written and verbal notice in advance of the July 11, 2017 City Council meeting regarding the Amendment to the Consent and Waiver Agreement and has until July 10, 2017 to accept the new estimated project cost of $65,000.00 and 120% project cap of $78,000.00 to be assessable to the Subject Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, does hereby approve Amendment to the Consent and Waiver Agreement for the property located at 6077 Aspen Lane, subject to the following conditions: Paragraph 3, Cost Estimate of the Agreement is amended by deleting $45,000 and replacing it with $65,000. The Property Owner sign the Amendment to Consent and Waiver Agreement on or before Monday, July 17, 2017. 3. Except as modified by this Amendment, the Agreement shall remain in full force and effect. Adopted by the City Council this 11th day of July, 2017. Catherine Pausche, City Clerk -1862- Mayor Mark Wegscheid AMENDMENT TO CONSENT AND WAIVER AGREEMENT This Amendment to the Consent and Waiver Agreement is entered into as of this 11th day of July, 2017, by and between the City of Mound, a Minnesota municipal corporation (the "City") and Terence L. Sincheff, a single person (the "Owner"). The City and the Owner shall be referred to collectively herein as the "Parties." RECITALS WHEREAS, the Owner and the City have entered into a Consent and Waiver Agreement dated as of March 28, 2017, recorded in the office of the Hennepin County Registrar of Titles and in the office of the Hennepin County Recorder (the "Agreement') which provided for repair and abatement of the property located at 6077 Aspen Road, Mound, Minnesota, legally described as Lot 019, `Brockton", Hennepin County, State of Minnesota; and WHEREAS, the Parties desire to amend Paragraph 3, Cost Estimate, of the Agreement. AMENDMENT 1. For valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereby agreed to the following amendment to the Agreement: Amend Paragraph 3, Cost Estimate of the Agreement by deleting $45,000 and replacing it with $65,000. 2. Except as modified by this Amendment, the Agreement shall remain in full force and effect. [SIGNATURE PAGES FOLLOW] -1863- IN WITNESS WHEREOF, the City and the Owner have caused this Amendment to be duly executed in their names and on their behalf on or as of the dates indicated herein. CITY OF MOUND 51 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Mark Wegscheid, Mayor Eric Hoversten, City Manager The foregoing instrument was acknowledged before me this _ day of 2017, by Mark Wegscheid and Eric Hoversten, the Mayor and City Manager, respectively, of the City of Mound, a Minnesota municipal corporation, on behalf of the City. Notary Public :M Terence L. Sincheff STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2017, by Terence L. Sincheff, a single person. THIS INSTRUMENT DRAFTED BY: Elizabeth Brodeen-Kuo Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612)337-9300 -1865- Notary Public 2415 Wilshire Boulevard Mound, MN 55364 (952)472-0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith Date: July 5, 2017 Re: July 11, 2017 Council Consent Agenda Item - Musical Concert Permit for Special Event at Mount Olive Lutheran Church Overview. Millie Snyder, on behalf of Mount Olive Church, submitted a Musical Concert Permit application to allow an outdoor concert by the Teddy Bear Band to be held on Sunday, July 30, 2017 from 11:00 a.m. to 1:30 p.m. at 5218 Bartlett Boulevard. The concert is a family -friendly gathering that includes food, children's games, vendor booths and door prize drawings. Expected attendance is 200 people. The event is being held to promote the church and upcoming vacation bible school week in August. Parking for the event is available in the church parking lot. The applicant has also received permission for guests to park at Shirley Hills Elementary School. The 2017 Fee Schedule, approved by the City Council at its December 13, 2016 meeting, requires a Musical Concert Permit fee of $50.00 per day unless a Public Gathering Permit fee is being paid, in which case the Musical Concert Permit fee is waived. As the event is on private property, a Public Gathering Permit is not required. The permit fee was waived by the City Council in 2016 as the concert is a community event (no fee) and open to the public. Staff is recommending waiver of the $50 fee for this year's concert. • Information about the special event and permit application was provided to Staff, the Orono Police Department, the Mound Fire Department, and the Public Works Department. Recommendation. Staff recommends approval of the Musical Concert Permit for a special event to be held at Mount Olive Lutheran Church on Sunday, July 30, 2017, subject to the following conditions: 1. Applicant shall be responsible for procurement of all required public agency permits that are needed to hold the event . Amplified music, speakers and PA/sound systems are to be directed in the direction best suited to minimize impact upon neighbors. 3. Any signage for the event shall be in accordance with City Code Chapter 119 including the need for any required permits. A draft resolution, based on Staff's recommendation, has been prepared for consideration and action by the City Council. e Page 2 -1867- CITY OF MOUND RESOLUTION NO. 17 - RESOLUTION APPROVING MUSICAL CONCERT PERMIT FOR SPECIAL EVENT AT MOUNT OLIVE CHURCH ON JULY 30, 2017 AND WAIVING FEE DUE TO PUBLIC BENEFIT WHEREAS, on December 13, 2016, the City Council of the City of Mound adopted Resolution 16-169 to establish its Fee Schedule for 2017 ("Fee Schedule"); and WHEREAS, the Fee Schedule set the Musical Concert Fee at $50 per day unless a Public Gathering Permit Fee is being paid; and WHEREAS, Millie Snyder, on June 28, 2017, submitted a Musical Concert Permit application on behalf of Mount Olive Church, requesting approval to allow an outdoor concert performance by the Teddy Bear Band from 11:30 a.m. to 1:00 p.m. on July 30,2017; and WHEREAS, the City Manager and City Staff have reviewed said application and have recommended reasonable conditions which are as set forth in a Staff Memorandum to the City Council dated July 5, 2017; ("Conditions"); and WHEREAS, the City Manager and City Staff desire to waive fees for the 2017 Teddy Bear Band outdoor concert because it is a public event on private property with no fee that benefits the community; and WHEREAS, the City Council, upon recommendation of the City Manager and City Staff, reviewed the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as follows: 1. The recitals set forth above are incorporated into this Resolution. 2. The Musical Concert Permit is approved with Conditions. Adopted by the City Council this 11th day of July, 2017. Attest: Catherine Pausche, Clerk :.: Mayor Mark Wegscheid CITY OF MOUND 2415 WILSHIRE BLVD. MOUND, MINNESOTA 55364 MUSICICAL CONCERT PERMIT APPLICATION (Including, but not limited to, live music, music provided by a disc jockey, and/or any type of amplified music) EVENT: Teddy Bear Band in Concert event LOCATION OF MUSICAL CONCERT: Mt Olive Lutheran Church parking lot, will move indoors if it rains TYPE OF MUSICICAL CONCERT: Teddy Bear Band from 12:00noon-12:45pm / music will be played off a Christian playlist on either side of concert TIME PERIOD OF MUSICAL CONCERT 12:00 noon - 12;45 pm (HOURS PERMITTED: Mon - Sun: 7:00 am - 10:00 pm) REQUESTED EXTENSION OF HOURS: (Council approval must be received to conduct a musical concert after 10:00 pm) A certificate of insurance naming the City of Mound as Certificate Holder/Additional Insured is required with respect to the City's ownership of the public lands. The permit holder must waive their right to subrogation in favor of the certificate holder. APPLICANT: Mt Olive Lutheran Church CONTACT: Millie Snyder ADDRESS: 5218 Bartlett Blvd, Mound, MN 55364 ADDRESS: 4749 S Lake Sarah Dr. Independence, MN 55359 E-MAIL mgsnyder@usfamiy.net HOME PHONE #: 612-309-7558 WORK PHONE #: Church# 952-472-2756 6/30/17 Date Millie Snyder Applicant's Signature :•• 2415 Wilshire Boulevard Mound, MN 55364 (952)472-0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith Date: July 5, 2017 Re: July 11, 2017 City Council Consent Agenda Item - Planned Development Area Agreement for Dutch Lake Preserve Summary. The City Council, at its June 27, 2017 meeting, approved the final plat for the Dutch Lake Preserve project that includes a 72 unit, assisted living and memory care facility to be located at 1861 Commerce Boulevard. A condition of the City's approval of the final plat included execution of a development agreement between the developer, Harrison Bay Senior Living, LLC, and the City of Mound for the project. The current owner of the property is Commerce Partners of Mound, LLC. The property will be conveyed by quitclaim deed to Harrison Bay Senior Living LLC prior to recording of the plat. The agreement was prepared by the City Attorney and has been reviewed by the developer. A resolution to approve the agreement, subject to conditions, has been prepared for review and consideration by the City Council. Staff recommends approval. 1 CITY OF MOUND RESOLUTION NO. 17 - RESOLUTION APPROVING PLANNED DEVELOPMENT AREA AGREEMENT FOR DUTCH LAKE PRESERVE WHEREAS, Commerce Partners of Mound, LLC submitted a major -subdivision final plat application to plat the proposed Dutch Lake Preserve, as described in Exhibit A; and WHEREAS, the properties are generally located between Commerce Boulevard (County Road 110) and Dutch Lake in the City of Mound at the address of 1861 Commerce Boulevard ("Subject Property"); and WHEREAS, the City of Mound ("City") approved the major subdivision -preliminary plat by Resolution No. 16-88 on July 12, 2016, a CUP -PDA and Variance by Resolution No. 16-89 on July 12, 2016, and the major subdivision -final plat for Dutch Lake Preserve by Resolution No.17-92 on June 27, 2017, contingent upon compliance with certain City requirements including, but not limited to, the matters set forth in these Resolutions; and WHEREAS, a condition of the City Council's approval of the final plat in Resolution No. 17-92 is the preparation of a development agreement between the City and the Developer, and WHEREAS, the City and the Developer, Harrison Bay Senior Living, LLC, now desire to enter into a Planned Development Area Agreement ("Agreement") setting forth certain requirements and obligations relating to the development of the Subject Property; and WHEREAS, this Agreement is intended to replace and supersede all previous oral agreements, previous development and early start agreements and related amendments thereto, and previous negotiations between the parties in relation to the Subject Property; and WHEREAS, City staff recommend the approval of this Agreement; and WHEREAS, the City Council considered this recommendation at its regular meeting on July 11, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, that the Planned Development Area Agreement for the Dutch Lake Preserve subdivision is hereby approved with the following conditions: 1. The recitals set forth above are expressly incorporated herein. 2. The final form and content of the Planned Development Area Agreement, including any Exhibits to the Planned Development Area Agreement and whose execution is required by the Planned Development Area Agreement, shall be in substantially the same form as Exhibit B and shall be subject to the review and acceptance of the City Attorney; and 3. The Mayor and City Manager are authorized to execute the Planned Development Area Agreement, in substantially the same form as Exhibit B as well as all related documents that are included as Exhibits to the Planned Development Area Agreement; and -1871- 4. The Developer shall be responsible for recording the Planned Development Area Agreement as well as all related documents that are included as Exhibits to the Planned Development Area Agreement with Hennepin County and providing evidence of such recording to the City of Mound. Adopted by the City Council this 11th day of August, 2017. Mark Wegscheid, Mayor Attest: Catherine Pausche, Clerk EXHIBIT A Legal Description -1873- Planned Development Area Agreement OEM DRAFT 07-05-17 Torrens PLANNED DEVELOPMENT AREA AGREEMENT FOR DUTCH LAKE PRESERVE THIS PLANNED DEVELOPMENT AREA AGREEMENT ("Agreement") is entered into on the day of 2017 by and between Harrison Bay Senior Living, LLC, a limited liability company formed under the laws of the state of Minnesota ("Developer") and the City of Mound, a municipal corporation, located in the County of Hennepin, State of Minnesota ("City"). RECITALS A. Commerce Partners of Mound, LLC is the fee owner of parcels of land located in the City of Mound, Minnesota legally described on Exhibit A, which is attached and incorporated hereto, and which property is proposed to be developed as a subdivision in the City bearing the name "Dutch Lake Preserve" and may sometimes hereinafter be referred to as the "Subject Property." Prior to release of the final plat by the City for recording, Commerce Partners of Mound, LLC will provide a quitclaim deed to the Subject Property to the Developer, which shall be duly recorded with Hennepin County. B. City approved a conditional use permit and variances (Resolution No. 16-89), a major subdivision preliminary plat (Resolution No. 16-88) and a major subdivision -final plat (Resolution No. 17-92), named Dutch Lake Preserve, a 72 -unit senior, assisted living and memory care development consisting of approximately 9.33 acres which is contained on one lot along with one undevelopable lot; contingent upon compliance with certain City requirements including, but not limited to, matters set forth in these Resolutions. For two years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved preliminary plat unless required by state or federal law or agreed to in writing by the City and the Developer C. The City and the Developer desire to enter into this Agreement setting forth certain requirements and obligations relating to the development of the Subject Property. This Agreement is intended to replace and supersede all previous oral agreements and any amendments thereto, and previous negotiations between the parties in relation to the Subject Property. -1875- 500607v2 AMB MU200-201 AGREEMENT In consideration of the mutual promises and covenants made herein, and intending to be legally bound, the parties hereby agree as follows: ARTICLE ONE CONSTRUCTION OF IMPROVEMENTS 1.01. Developer Responsible. Before commencing construction of the improvements specified herein (collectively, the "Improvements"), the Developer shall submit its plans and specifications to the City for the City's review and approval. The release of the building permit for the project shall demonstrate the City's approval of the Approved Plans. The Approved Plans are deemed to be the Harrison Bay Senior Living Construction Plans received on April 27, 2017 and the Mound Assisted Living Building Plans dated April 27, 2017 that were submitted to the City on May 15, 2017, and are on file with the City of Mound, or any subsequent revision that has been approved by the Public Works Director. If the Approved Plans vary from the written terms of this Agreement, the written terms shall control. Developer agrees to construct and fully pay for the Improvements required for development of the Property, as described in Approved Plans. The Improvements and estimated costs are listed in the attached Exhibit B. The Improvements shall be constructed in accordance with City specifications and the Approved Plans. None of the Improvements will be constructed until the City Public Works Director has reviewed and approved the plans and specifications, which review shall be consistent with standard city practices. Any subsequent revision of the Approved Plans must be filed in writing with the Public Works Director prior to commencement of construction of the Improvements and shall be subject to review and acceptance by the Public Works Director with such review to be consistent with the standard city practices. The Public Works Director will, within ten (10) days of receipt of the proposed revision, determine if the proposed revision is consistent with the City's project approvals and, if it is, may approve the revision administratively. If the Public Works Director determines the proposed revision is not consistent with the City's project approvals or is inconsistent with the City's policies or standards, the request shall be denied. Any proposed revision that is substantive as determined by the Public Works Director may require the Developer to submit applications to request an amendment(s) to the land use approvals granted for the project or to request an amendment to this Agreement. Any listed Improvement for which no plan sheet is identified will be subject to review and approval by the Public Works Director Prior to beginning construction, the Developer or the Developer's engineer will schedule a preconstruction meeting with all parties concerned, including City staff and engineers to review the program for construction work and Developer must receive written approval from the Public Works -1876- 500607v2 AMB MU200-201 Director before commencement of construction at the Property. All labor and work will be done and performed in the best and most workmanlike manner and in strict conformance with the Approved Plans. 1.02. Staking, Surveying and Inspections. Developer must provide all required staking and surveying for the Improvements in order to ensure that the completed Improvements conform to the Approved Plans. The City will provide for construction inspection. Developer must notify the Public Works Director at least 48 hours in advance, not including weekend days or holidays, for inspection service or scheduling of tests to be performed. Costs incurred by the City for the inspection activities will be recovered through the escrow described in Article Two. 1.03. Unsatisfactory Labor or Material. In the event that the Public Works Director rejects as defective or unsuitable any material based on the Approved Plans, then such material must be removed and replaced with approved material at the sole cost and expense of the Developer. In the event that the Public Works Director rejects as defective or unsuitable any labor supplied by the Developer, then the labor must be completed again to the specifications and with the approval of the Public Works Director at the sole cost and expense of the Developer. 1.04. Records. Upon request by the Public Works Director, Developer will provide requested copies of bids, change orders, suppliers, subcontractors, or related matters, relating to the work to be performed by the Developer. 1.05. As -built Plans. Within 180 days of completing the work to construct the Improvements the Developer shall provide the City with: (i) a full set of as -built plans in a digital PDF format, and (ii) an as -built survey in a CADD format, for City records. 1.06. Maintenance Bond. The Developer and/or its contractor shall be required to furnish the City a two-year maintenance bond guaranteeing the Improvements. The effective date of the maintenance bond will be the date of issuance for a certificate of occupancy by the City. 1.07. Time for Developer's Performance. The Developer will commence work on the Improvements as soon after execution of this Agreement as is feasible in light of weather conditions, and will have all work done and the Improvements completed to the satisfaction and approval of the City on or before December 31, 2018. 1.08. Extension. The City Public Works Director may, at its discretion, administratively extend the date specified for completion upon receipt of reasonable advance written notice from the Developer of the existence of causes over which the Developer has no reasonable control that will delay the completion of the work. Whenever an extension of the date of completion is granted by the City Public Works Director, the Developer must continue any bond or financial guaranty required by this Agreement to cover the work during the extension of time. -1877- 500607v2 AMB MU200-201 1.09. Maintenance of Improvements. Developer shall be responsible for all maintenance, upkeep and repair including, but not limited to, snow plowing, mowing, weed control, and grading and curb, gutter, and streets. Developer shall remain responsible for all maintenance and upkeep of Improvements. Developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Developer's acts or omissions in performing the obligations imposed upon Developer by this paragraph. 1.10. Construction Hours; Noise: Dust. Developer will comply with all requirements of the City pertaining to the hours and days during which construction activities may take place. The Developer shall provide dust control to the satisfaction of the Public Works Director. II. EASEMENT; RIGHT OF ENTRY: 1.11. To the City. The Developer grants to the City, its agents, representatives, employees, officers, and contractors, a right of entry to access all areas of the Subject Property to perform any and all work and inspections necessary or deemed appropriate by the City or to take any corrective actions deemed necessary by the City. Prior to entering to take any corrective action, the City shall provide the Developer a written notice of the corrections needed and provide a reasonable period for the Developer to complete the necessary corrective work. If the Developer fails to complete the work by the date indicated, the City may enter the Property to take corrective action. The right of entry conveyed by the Developer to the City shall continue until the City issues a certificate of occupancy. The City will provide the Developer with reasonable notice prior to exercising its rights hereunder, except in the case of an emergency. ARTICLE TWO FINANCIAL GUARANTY AND REQUIRED PAYMENTS 2.01. Park Dedication and Utility Fees. hr fulfillment of park dedication requirements established by City ordinance, the Developer must pay to the City the amounts of $58,600 for park fees in lieu of dedication, $80,000 ($2,000 x 40 units) for Water Trunk Area Charges and $80,000 ($2,000 x 40 units) for Sewer Trunk Area Charges prior to release of the plat. The number of units for the Water Trunk Area Charges and Sewer Trunk Area Charges was determined by the Metropolitan Council Environmental Services (MCES) SAC determination for the project in its letter dated January 23, 2017. Payment of water service connection fees of $240 and sewer connection fee of $240 shall be paid at the time of the building permit application. The calculation of the number of units for which water connection fees and sewer connection fees shall be determined by the Public Works Director. Park fees must be paid in full prior to the delivery of the executed plat to Developer for recording. -1878- 500607v2 AMB MU200-201 2.02 Metropolitan Council Environmental Services (MCES) SAC Charge, The Developer must pay $99,400 to the City for the MCES SAC charge assigned to the project (40 units) as stated in the letter from the Metropolitan Council dated January 23, 2017. This amount is based upon the 2017 MCES rate of $2,485 per unit. The amount to be paid shall be the current established MCES SAC fee times (40 units) at the time the building permit is issued. 2.03 Financial Guaranty, Improvements. Prior to commencement of construction of the Improvements, the Developer will furnish the City an irrevocable letter of credit ("Security"), approved by the City Attorney, in the amount of 125% of the estimated project costs for the Improvements as set forth in Exhibit C. The letter of credit shall renew automatically until released by the City. The Public Works Director may approve a reduction in the Security upon written request by the Developer based upon the value of the completed work at the time of the requested reduction. The Security may not be reduced to less than 20% of the original amount until all work required of the Developer by this Agreement has been completed and accepted by the City. If the Developer fails to construct the hnprovements in accordance with the Approved Plans, or fails to complete any of its other material obligations under this Agreement, the City will provide the Developer written notice of default that identifies the corrective actions needed and provides a reasonable period of time in which to come into compliance. If the Developer fails to come into compliance by the date indicated, the City may declare the Agreement to be in default and the amount of the Security shall be paid over to the City. The City shall reimburse itself from the proceeds of the Security for any attorneys' fees, engineering fees or other technical or professional assistance, including the work of the City staff and employees at the City's actual costs, incurred related to the default and the remainder thereof shall be used by the City to complete the Improvements. The Developer shall be liable to the City to the extent that the Security is inadequate to reimburse the City its costs and pay for the completion of the work. 2.04. Escrow. A cash escrow has been submitted to the City in an amount of $5,000.00. This escrow is to be used by the City to reimburse itself for the costs incurs related to processing and acting on the plat including, but not limited to, professional costs and the costs of services and materials in connection with the review of the plat and the carrying out of inspection activities, clean-up activities, and other activities required under this Agreement. If the escrow balance nears $1000.00, the City shall notify the Developer that additional escrow cash must be placed in the escrow account so that the balance will not be reduced below $500.00 until completion of the Improvements. . Upon completion of all items covered in this Agreement, the City shall return the unused escrow balance to the Developer. ARTICLE THREE OTHER REQUIREMENTS 3.01. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officials, agents and employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractor, material suppliers, laborers or to any other person or persons for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work required by this Agreement to be performed by the Developer. The -1879- 500607v2 AMB MU200-201 Developer will hold the City, its officials, agents and employees harmless from all claims, demands, damages, or causes of action arising from the acts or omission of the Developer, its employees, contractors, and subcontractors, including the costs, disbursements, and expenses of defending the same including, but not limited to, reasonable attorneys' fees, consulting engineering services, and other technical or professional assistance, including the work of City staff and employees based on the City's actual costs. The foregoing indemnity obligation shall not apply to claims involving: (i) any negligent or otherwise wrongful acts of any staff employee of the City; or (ii) any allegations that the City has acted in a grossly negligent manner. 3.02. Insurance. The Developer shall furnish proof of insurance covering any public liability or property damage by reason of the operation of the Developer's equipment, laborers, and hazard caused by the Improvements. Such insurance shall, at a minimum, include commercial general liability with a per occurrence limit of at least $1,000,000, commercial automobile liability with a combined single limit of at least $1,000,000, and workers' compensation coverage. The Developer must keep the insurance in force at all times that construction on the development is in progress. The commercial general liability insurance must name the City as an additional insured and must provide that the insurer will give the City not less than 30 days' written notice prior to cancelation or termination of the policy. 3.03. Erosion Control. Developer shall be responsible for compliance with an approved erosion control plan. Developer will be given a telephone notice from the City when an unsatisfactory condition exists that is determined to be a Developer's responsibility. Developer's work to correct said unsatisfactory condition shall commence within 72 hours from the time of the telephone notice. If work is not commenced within 72 hours of said telephone notice, City will proceed to do the required work at the expense of the Developer. If it is determined that the unsatisfactory condition could result in degradation of downstream water quality, Developer shall, upon telephone notice, immediately proceed to correct said unsatisfactory condition. If Developer does not, within the stated time period, respond to said notice of the unsatisfactory condition, City has the right to enter upon the property and correct said condition at Developer's sole cost. City shall be entitled to all of its costs and expenses including, but not limited to legal, fiscal, and engineering. City may draw on Developer's financial escrow and letter of credit required hereunder. 3.04. Construction Hours; Noise; Dust. Developer will comply with all requirements of the City pertaining to the hours and days during which construction activities may take place. The Developer shall provide dust control to the satisfaction of the City Engineer. 3.05. Additional Work or Materials. All work that Developer is required to perform pursuant to this Agreement shall be done at no expense to the City, including, without limitation, any reimbursement by the City for work paid for by the Developer. The Developer agrees that it will make no claim for compensation for work or materials so done or furnished. 3.06. Other Approvals. In addition to the City approvals, other governmental agencies have reviewed and approved components of the Plans. It is the responsibility of the Developer to ensure that all permits from appropriate governmental agencies are received prior to beginning construction of any Improvements. -1880- 500607v2 AMB MU200-201 3.07. Final Plat. The Developer shall record the final plat for Dutch Lake Preserve in the land records for Hennepin County, Minnesota. Developer shall provide the City evidence of recording of the final plat to the prior to the City releasing any future building permit, unless an early start agreement has been approved by the City Council following a request by Developer. Any such early start agreement must be in a form acceptable to the City and shall constitute an amendment to this Agreement, but only with respect to the start of construction regarding the Improvements identified in the Agreement. The City is not obligated to enter into an early start agreement to allow a requested early start of construction. 3.08. Miscellaneous Obligations. Prior to the City releasing the final plat for recording, the Developer shall provide to the City documentation, acceptable to the City Manager, evidencing compliance with any conditions imposed in the final plat approval that are to be satisfied prior to recording of the final plat. ARTICLE FOUR DEFAULT AND REMEDIES 4.01. Default by Developer. In the event of default by the Developer as to any of the work to be performed hereunder by the Developer, its successors or assigns, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. Except in emergencies, prior to taking any corrective action the City shall provide the Developer a written notice of the corrections needed and provide a reasonable period for the Developer to complete the necessary corrective work. If the Developer fails to complete the work by the date indicated, the City take corrective action. The City is granted the right to declare any sums provided by this Agreement due and payable in full, and the City may immediately bring legal action against the Developer to collect the sums covered by this Agreement and/or draw upon the Security and escrow funds provided by the Developer under this Agreement. In the event the City draws from the Security sums that exceed the costs or damage to the City, the City will return such excess amounts. If the Security is not sufficient to fully reimburse the City for the costs it incurs related to the Developer's default, the Developer shall be required to reimburse the City for all such additional costs, including any collection costs. In addition to its other remedies provided herein, or that are otherwise available under law, the City may levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 4.02. Complete Improvements -Right of Entry. In addition to the City's other remedies under this Agreement, if the Developer's breach involves failure to complete the Improvements and the Developer fails to correct the breach upon notice and opportunity to cure as provided herein, the City is hereby authorized, at its option, to enter upon all portions of the Subject Property it deems necessary to complete the installation of any or all of the Improvements to which the default relates. -1881- 500607v2 AMB MU200-201 4.03. Denial of Permits. Breach of any term of this Agreement by the Developer or failure to comply with City ordinances shall be grounds for denial of building or occupancy permits for buildings within the subdivision until such breach is corrected by the Developer. 4.04. Rights Cumulative. No remedy conferred in this Agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. 4.05. Attorney Fees. The Developer will pay the City's costs and expenses, including reasonable attorneys' fees, the City actually incurs in the event a suit or action is brought to enforce the terms of this Agreement. ARTICLE FIVE MISCELLANEOUS PROVISIONS 5.01. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. 5.02. Assignment. The Developer may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld, conditioned, or delayed. Once the Improvements are completed and any warranty period has ended, the restriction on assignment ends, but the Developer shall provide the City prior written notice of any such assignment. 5.03. Agreement to Run with Land. The Developer agrees to record this Agreement among the land records of Hennepin County, Minnesota immediately prior to recording the plat of "Dutch Lake Preserve", the provisions of this Agreement shall run with the land and be binding upon the Developer and its successors in interest. Notwithstanding the foregoing, no conveyance of the Subject Property or any part thereof shall relieve the Developer of its personal liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. 5.04. Release. Upon completion and approval of all work required herein, including completion of the Improvements, and satisfaction of all of the Developer's obligations under this Agreement, the City agrees to execute an instrument releasing the Subject Property from the terms of this Agreement. 5.05. Severability. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. 5.06. Notices. All notices, certificates or other communications required to be given to the City, Developer or Developer hereunder shall be sufficiently given and shall be deemed given when delivered or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: -1882- 500607x2 AMB MU200-201 To City: City of Mound 2415 Wilshire Blvd Mound, MN 55364 Attention: Eric Hoversten With a copy to: Mound City Attorney Kennedy & Graven, Chid. 200 S. 6°i Street Suite 470 Minneapolis, MN 55402 To Developer: The City and Developer, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications should be sent. 5.07. No Third Party Beneficiary. This Agreement and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 5.08. Consent. The Developer represents and warrants that there are no other persons or entities with interests in the Property except such lenders who hold mortgages on the Property and have consented to this Agreement by executing the Consent attached as Exhibit 5.09. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. The Developer agrees to comply with all laws, ordinances, and regulations of Minnesota and the City that are applicable to the Subject Property. 5.10. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 5.11. Non -waiver. Each right, power or remedy conferred upon the City or the Developer by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City or the Developer at law or in equity, or under any other agreement. Each and every right, power and remedy set forth in this Agreement or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City or the Developer and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 5.12. Estoppel Certificate; Partial Release. a) The City agrees at any time, and from time to time, within ten (10) business days after receipt of written request by the Developer, a lender or a -1883- 500607v2 AMB MU200-201 party purchasing any portion of the Subject Property (including a residential lot), to execute, acknowledge and deliver a certification in writing and in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments certifying: (a) that this Agreement is unmodified and in full force and effect, or if there have been modifications, the identify of such modifications and that the same are in full force and effect as modified; (b) that no party is in default under any provisions of this Agreement or, if there has been a default, the nature of such default; (c) that all Improvements to be constructed under this Agreement have been constructed, or, if not, specifying the Improvements yet to be constructed; and (d) as to any other matter that the requesting party shall reasonably request. It is intended that any such statement may be relied upon by any person, prospective mortgagee of, or assignee of any mortgage, upon such interest. Any such statement on behalf of the City may be executed by the City Manager without City Council approval. 5.13. Supersedes and Replaces. The parties understand and agree that this Agreement supersedes and replaces all oral agreements, previous development agreements, and negotiations between the parties in relation thereto. [LEFT INTENTIONALLY BLANK] -1884- 500607v2 AMB MU200-201 IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MOUND: Mark Wegscheid Its: Mayor By: Eric Hoversten Its: City Manager ACKNOWLEDGEMENT FOR CITY STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of '2017, by Mark Wegscheid and Eric Hoversten, the Mayor and City Manager, respectively, of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public -1885- 500607v2 AMB MU200-201 DEVELOPER Its: ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 20, by of , a on behalf of the Notary Public THIS DOCUMENT DRAFTED BY: Kennedy & Graven, Chartered(TJG) 470 U.S. Bank Plaza 200 South Sixth Sheet Minneapolis, MN 55402 (612)337-9300 -1886- 500607v2 AMB MU200-201 EXHIBIT A LEGAL DESCRIPTION [TO BE INSERTED] -1887- 500607x4 AMB MU200-201 EXHIBIT B IMPROVEMENT COSTS $ $ Total $ Total x 125% $ [Detailed breakdown of improvements listed on subsequent pages] -1888- 500607v4 AMB MU200-201 EXHIBIT C MORTGAGE CONSENT (`Bank") holds a mortgage encumbering the Subject Property. The Subject Property is subject to the foregoing Development Agreement and, accordingly, Bank hereby consents to the Development Agreement; provided, that in doing so, Bank shall not be liable to the City or any other person for the performance or non-performance of the Agreement by the Developer; provided further, that in the event that Bank acquires fee title to the Subject Property by foreclosure or sale in lieu of foreclosure, Bank shall not be required to perform any of the obligations required of the Developer in said Agreement during the Bank's term of ownership so long as Bank is actively marketing the Subject Property for sale and maintaining the Subject Property in compliance with applicable ordinances. Dated: 120 Its: ACKNOWLEDGEMENT FOR BANK STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20� by , the of a under the laws of on behalf of the Notary Public [Developer to provide the required consents] -1889- 500607x4 AMB MU200-201 C Real People. Real Solutions. July 6, 2017 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound, MN 55364 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521448-8838 Fax: 19521448-8805 Bolton-Menk.com RE: 2017 Street, Utility and Retaining Wall Improvements — Lynwood Blvd/Fairview Ln, Wilshire Blvd/Maywood Rd/Hiddenvale Ln, Tuxedo Blvd Phase III City Project Nos. PW -17-01, PW -17-02, PW -I7-03, PW -17-04 Pay Request No. 2 Dear Mr. Hoversten: Please find enclosed Pay Request No. 2 from Park Construction Company for work completed on the 2017 Street, Utility and Retaining Wall Improvement Project from June 1, 2017 through June 30, 2017. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $203,206.74 to Park Construction Company. Sincerely, Bolton & M/enk, Inc. Daniel L. Faulkner, P.E. City Engineer Bolton & Menk— DATE: 7/5/2017 CONTRACTOR'S PAY REQUEST NO. 2 CONTRACTOR Park Construction Cc 2017 STREET, UTILITY & RETAINING WALL IMPROVEMENTS OWNER City of Mound CITY PROJECT NO, 17-01, 17-02, 17-03,17-04 ENGINEER Bolton & Menk BMI PROJECT NO. C17.112393, C17.112394, 017.112395 FOR WORK COMPLETED FROM 6/1/2017 THROUGH 6/30/2017 TOTALAMOUNT BID.. ....................... ....................................... .............. .............................................................. $ 3247,178.52 APPROVED CHANGE ORDERS + EXTRA WORK..................................................................................... $ - CURRENTCONTRACT AMOUNT........................................................................................................... $ 3,247,178.52 TOTAL, COMPLETED WORK TO DATE.................................................................................................................... $ 360,126.33 TOTAL, STORED MATERIALS TO DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED............................................................... $ TOTAL, COMPLETED WORK & STORED MATERIALS., ..................................... ................................................... $ 360,126.33 RETAINED PERCENTAGE 5.0% )................................................................................................. $ 18,006.32 TOTAL AMOUNT OF OTHER DEDUCTIONS ................................................. NET AMOUNT DUE TO CONTRACTOR TO TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES PAY CONTRACTOR AS ESTIMATE NO, 2 Certificate for Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S, 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor: Park Construction Company 1481 81stAve. NE Minneapolis, MN 55432 By Date CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., ENGINEER 2638 SHADOW LN, SUITE 200, CHASKA MN 55318 By`�C2%+%L�CI�"i�'Lf�l , CITY ENGINEER Daniel//L. Faulkner Date lO jf APPROVED FOR PAYMENT: Owner: CITY OF MOUND By -1891 $ 342,120.02 $ 138,913.28 $ 203,206.74 Real People. Real Solutions. July 5, 2017 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2016 Lift Station Improvement Project Change Order No. 3 City Project No. PW -16-05 Dear Mayor and Council Members: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (9521448-8838 Fax: 1952)448-8805 Bolton-Menk.com Attached is Change Order No. 3 which extends the Final Completion date from June 30, 2017 to August 31, 2017. There is no proposed change in contract price with Change Order No. 3. The contractor has been responsive to the unknown issues encountered with this project as well as the need for coordination with various parties. Some of this coordination has required much time for schedules to mesh. Consequently, the necessary lift station "start-up" has been delayed, through no fault of the city's contractor, Pember Construction, and they are requesting an extension in time to complete all aspects of their contract with the City. Their letter requesting an extension is attached. We recommend approval of the attached Resolution approving Change Order No. 3. Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. City Engineer Bolton & Menk I— CITY OF MOUND RESOLUTION NO. 17 - RESOLUTION APPROVING CHANGE ORDER NO. 3, 2016 LIFT STATION IMPROVEMENTS — CITY PROJECT NO. PW -16-05 WHEREAS, Resolution 16-50 awarded the contract for the 2016 Lift Station Improvement Project to Pember Companies, Inc. (Contractor) in the amount of $168,112.05; and WHEREAS, the presence of contaminated and potentially hazardous soil, water and vapor, emanating from the former Tonka Toys site (Balboa Center, 5300 Shoreline Drive), was discovered subsequent to preparation of final plans and specifications for the 2016 Lift Station Improvement project; and WHEREAS, in order for the Contractor to fully address all contamination issues, Change Order No. 1 was approved by Council on April 25, 2017 increasing the contract amount by $74,288.26 and extending the Substantial Completion date from October 20, 2016 to June 2, 2017 and the Final Completion date from November 3, 2016 to June 16, 2017; and WHEREAS, Change Order No. 2 was approved by Council on May 23, 2017 extending the Substantial and Final completion dates to June 16, 2017 and June 30, 2017, respectively, with no change in contract price; and WHEREAS, Change Order No. 3 has been requested to extend the Final Completion date to August 31, 2017 due to delays in lift station "start-up" not caused by the contractor; and WHEREAS, Change Order No. 3 has been prepared, signed by the contractor and submitted to the City for approval; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: That Change Order No. 3, attached to this Resolution, extending the Final completion date to August 31, 2017, with no change in contract price, is hereby approved. Adopted by the City Council this 11`h day of July, 2017. Mayor, Mark Wegscheid Attest: Catherine Pausche, City Clerk Change Order No. 3 Date of Issuance: 6/30/2017 Effective Date: 7/11/2017 Project: 2016 Lift Station Owner: City of Mound, MN Owner's Contract No.: PW -16-05 Improvements — Lynwood Blvd LS D2 Contract: 2016 Lift Station Improvements of Contract: 4/27/2016 Contractor: Pember Companies, Inc. N4449 469`i' Street, Engineer's Project No.: C12.1 11100 Menomonie, WI 54751 The Contract Docn.nantc are modified as follows mien execution of this Change a Irdert Description: -extension of contract Final Completion date due to delay in "start-up" on the new lift station, not caused by the contractor. Attachments (list documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ® Calendar days Substantial completion (days or date): 10/20/2016 $ 168,112.05 Ready for final payment (days or date): 11/03/2016 9rdIncrease Decrease] firm previously approved Change from previously approved Change Order No. 2 ange ers No. 1 and Extra Work: Substantial completion : June 16, 2017 $ 74,288,26 Ready for final payment : June 30, 201 Contract Price prior to this Change Order: $ 242,400.31 [No Change] of this Change Order: =Decrease] of this Change Order: Substantial completion (days or date): 6/16/2017 $ 74,288.26 Ready for final payment (days or date): 8/31/2017 Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): 6/16/2017 $ 242.400.31 Ready for final payment (days or date): 8/31/2017 ACCEPTED: ACCEPTED: REC=o� A ` �7 By: By: By: �. t Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) �d0 ' % Date: Date: ? Date: s EJCDC C-941 Change Order I'mpnred by the Engineers Joint Contract Documents Committee and endorsed by the Construction specifications Institute. QW1111de=pq Pember Companies, Inc. N4449 - 469th Street a Menomonie, Wisconsin 54751 Phone: 715-235-0316 Grading * Utility, Installation * Curb mid Gutter * Sidewalk Fac 715-235-9006 June 26, 2017 Bolton & Menk Matt Bauman, P.E. 2638 Shadow Lane, Suite 200 Chaska, MN 55318-1172 RE: Extension Request 2016 Lift Station Improvements Project — D2 City of Mound, MN BMI Project No. 012.111100 Dear Mr. Bauman, We would like to request an extension for the Final Completion date on the 2016 Lift Station Improvements Project —D2 for the City of Mound, MN due to the delay in "start-up" on the new lift station. Until the official "start-up" can occur, Pember Companies, Inc. cannot complete the demolition of the existing lift station. The City has tentatively scheduled a start up of the D-2 Lift Station on July 24/25" We are requesting an extension of August 31"2017 to complete the demolition and final restoration. We look forward to hearing from you. Sincerely, Nicole Bowman Project Manager EEO/AA (W/M/Vei----11^ sability) Employer -1895- Real People. Real Solutions, July 5, 2017 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2016 Street, Utility and Retaining Wall Improvement Project Change Order No. 4 City Project Nos. PW -16-01, PW -16-02, PW -16-03 Dear Mayor and Council Members: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: (9521448-8805 Bolton-Menk.com Attached is Change Order No. 4 which increases the contract time for Final Completion from June 30, 2017 to July 14, 2017. Also attached is the contractor's letter explaining the reasons for the requested time extension which we feel are justifiable reasons. There is no change in the current contract amount of $2,879,918.80. We recommend approval of the attached Resolution approving Change Order No. 4. Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. City Engineer 801ten & Menk i^ CITY OF MOUND RESOLUTION NO. 17 - RESOLUTION APPROVING CHANGE ORDER NO. 4, 2016 STREET, UTILITY & RETAINING WALL IMPROVEMENTS — BARTLETT BOULEVARD, TUXEDO BOULEVARD PHASE II AND MAYWOOD ROAD/CYPRESS LANE, CITY PROJECT NOS. PW -16-01, PW -16-02, PW -16-03 WHEREAS, Resolution 16-39 awarded the contract for the 2016 Street, Utility & Retaining Wall Improvements — Bartlett Boulevard, Tuxedo Boulevard Phase II, Maywood Road/Cypress Lane to Ryan Contracting Company (contractor) in the amount of $2,758,554.25; and WHEREAS, Change Orders No. 1, 3 and Extra Work have increased the contract amount to a total of $2,879,918.80; and WHEREAS, Change Order No. 2 revised the date for Substantial Completion from October 28, 2016 to November 12, 2016 with no change in contract amount; and WHEREAS, a letter dated June 28, 2017 was received from the contractor requesting an extension for Final Completion from June 30, 2017 to July 14, 2017; and WHEREAS, staff has reviewed the contractor's request and feel it is justified for the reasons stated in the contractor's letter which include weather delays and an analysis and subsequent meetings regarding the condition of base course pavement and its replacement in various locations; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: That Change Order No. 4, attached to this Resolution, extends the Final Completion date to July 14, 2017 is hereby approved. Adopted by the City Council this 11`" day of July, 2017 Attest: Catherine Pausche, City Clerk Mayor, Mark Wegscheid -1897- Date of Issuance: 7/6/2017 Effective Date: 7/11/2017 Project: 2016 Street, Utility, & Owner: City of Mound, MN Owner's Contract Nos.: PW -16-01; PW -16 - Retaining Wail Improvements 02; PW -16-03 Contract: 2016 Street, Utility, & Retaining Wall Improvements — Date of Contract: 4/12/2016 Bartlett Blvd, Tuxedo Blvd Phase 11, Maywood Rd/Cypress Ln Contractor: Ryan Contracting Company, 26480 France Ave. PO Engineer's Project No.: C12.110649 Box 246,E1ko New Market, MN 55020 The Contract Documents are modified as follows unon execution of this Chanee Order: Description: - Final Completion is extended to July 14, 2017; all contract items are modified by reference. Contract Document modifications. Attachments (list documents supporting change): Letter from contractor requesting extension. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ® Calendar days Substantial completion (days or date): 10/28/2016 $ 2,758,554.25 Ready for final payment (days or date): 6/30/2017 [Increase] Decrease] from previously approved [No Change] from previously approved Change Orders ange rders No. 1, 3 and Extra Work: No. 2: Substantial completion (days): 11/12/2016 $ 121,364.55 Ready for final payment (days): No Change Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): 11/12/2016 $---------2-879,9l8 80 Ready for final payment (days or date): No Change [No Change] of this Change Order: =Decrease] of this Change Order: Substantial completion (days or date): No Change $ 0.00 Ready for final payment (days or date): 7/14/2017 Contract Price incorporating this Change Order: $ 2.879,918.80 REC 1JDjD AC �ic�k-&V--- By; Engineer (Authorized Signature) Contract Times with all approved Change Orders: Substantial completion (days or date): 11/12/2016 Ready for final payment (days or date): 7/14/2017 Owner (Authorized Signature) Date: 7 (0 ,/7 Date: Approved by Funding Agency (if applicable): M Date: ` Ili, N« Date: EJCDC-1898-Inge order Prepared by Die Engineers Joint Con hact Documents Cmnmilice and endorsed by Ote Construction Specifications Inslinuc. Pape 1 of 2 Signature) June 28, 2017 City of Mound c/o Dan Faulkner Bolton & Menk 2638 Shadow Lane Chaska, MN 55318 RE: 2016 STREET, UTILITY & RETAINING WALL IMPROVEMENT PROJECT Mound, MN RCCJob#1056 Dear Dan: Please accept this letter as our request for extension to the completion date of June 30, 2017 on the above referenced project due to the following reasons. m Time spent on discussing pavement correction • Weather delays We are requesting the extension be granted until July 14, 2017 to allowfor time to complete the pavement correction. Thank you for your time on this matter. Please do not hesitate to contact me with any questions. Respectfully submitted, Michael E. Holasek Vice President /bt 26480 France Ave • P.O. Box 246 < Elko New Market, Minnesota 55020 .952-894-3200 o Fax: 952-894-3207 oAW Real People. Real Solutions. July 5, 2017 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2017 Street, Utility and Retaining Wall Improvement Project Change Order No. 1 City Project Nos. PW -17-01 Dear Mayor and Council Members: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: t9521 448-8838 Fax: 19521448-8805 Bolton-Menk.com Attached is Change Order No. 1 which increases the contract amount by $9,625.00 and adds an additional item, Extra Work — 2274 Westedge Blvd Hydrant, to the list of contract items. This is in response to the city staff request for a proposal from the contractor to complete this work very soon due to the operational malfunction of the hydrant. We have reviewed the contractor's proposal and recommend approval. Attached is a Resolution approving Change Order No. 1. Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. City Engineer Bolmn & Menk— CITY OF MOUND RESOLUTION NO. 17 - RESOLUTION APPROVING CHANGE ORDER NO. 1, 2017 STREET, UTILITY & RETAINING WALL IMPROVEMENTS —CITY PROJECT NO. PW -17-01 WHEREAS, Resolution 17-51 awarded the contract for the 2017 Street, Utility and Retaining Wall Improvement Project to Park Construction Company (Contractor) in the amount of $3,247,178.52; and WHEREAS, the City has requested a quote from the Contractor for the replacement of a malfunctioning hydrant and gate valve at 2274 Westedge Boulevard, which will add one item to the contract, Item 152 " Extra Work — 2274 Westedge Blvd Hydrant" at a total cost of $9,625.00 to the current contract with the Contractor; and WHEREAS, Change Order No. 1 has been prepared, signed by the contractor and submitted to the City for approval; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: That Change Order No. 1, attached to this Resolution, totaling $9,625.00 is hereby approved and further, the new total contract amount is increased from $3,247,178.52 to $3,256,803.52; there is no change to the completion dates. Adopted by the City Council this 11t" day of July, 2017 Attest: Catherine Pausche, City Clerk Mayor, Mark Wegscheid -1901- EXEI C CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] C N.11U. 10I11 COMPACT _ODLL TT L01.I I.iR_i__EE__ Original Contract Times: Substantial Completion: November 3. 2017 $ 3,247,178.52 Ready for Final Payment: June 29, 2018 Change Order No. 1 Date of Issuance: 6/29/2017 Effective Date: 4'''^�'^^'r',- Mi/20 "1 Owner: City of Mound Owner's Contract No.: Substantial Completion: Contractor: Park Construction Co. Contractor's Project No.: Engineer: Bolton & Menk, Inc. Engineer's Project No.: C17.112393, Substantial Completion: $ 3,247,178.52 Ready for Final Payment: 017.112394, 017.112395 Project: 2017 Street, Utility & Retaining Wall Contract Name: [Increase) [Decrease] of this Change Order: Improvements $9,625.00 Ready for Final Payment: No Change The Contract is modified as follows upon execution of this Change Order: Description: The hydrant and gate valve at 2274 Westedge Boulevard does not function properly, requiring replacement as soon as possible, and shall be replaced for $9,625.00, including restoration. This shall be paid under Miscellaneous as added item 152 "EXTRA WORK -2274 WESTEDGE BLVD HYDRANT". Attachments: Quote. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Price: Original Contract Times: Substantial Completion: November 3. 2017 $ 3,247,178.52 Ready for Final Payment: June 29, 2018 days or dates [Increase] [Decrease] from previously approved Change [increase] [Decrease] from previously approved Change Orders No. _ to No. _ Orders No. _ to No. Substantial Completion: $ Ready for Final Payment: days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ 3,247,178.52 Ready for Final Payment: days or dates [Increase] jPeerease} of this Change Order: [Increase) [Decrease] of this Change Order: Substantial Completion: No Change $9,625.00 Ready for Final Payment: No Change days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: November 3. 2017 $ 3,256,803.52 Ready for Final Payment: June 29. 2018 days or dates ECOMM DED'. By: Engineer (if required) Tltle: C^r r AL'C—i Title: Date: 5 I Date: Approved by Funding Agency (if applicable) By: Title: ACCEPTED: Owner (Authorized Signature) Title: Date: Date: EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Signature) A KY -;, S Ame i) CONSTRUCTION COMPANY, LLC June 20, 2017 Park Construction Company 1481 81st Avenue NE Minneapolis, MN 55432 Attention: Steve Regarding: Hydrant removal/replacement at 2274 West Edge Dear Sir: Our proposal would include the equipment, labor and material necessary to do the following: Remove existing hydrant and gate valve Install new hydrant and gate valve Seed and blanket disturbed area ourprice would be................................................................................................$ 8750.00 (Eight Thousand Seven Hundred Fifty Dollars and No Cents) The following are not included: Dewatering(beyond sump pumps) Sprinkler repair Blacktop removal/replacement(should not be needed) Curb removal/replacement(should not be needed) Fence removal/replacement nc ,rely, GENERAL CONTRACTOR 10% MARKUP .....$875.00 TOTAL.. ........ ........ -- .............. .......................$9625.00 �d Jason Kusske President -1903- 424 Chestnut Street Suite 204 Chaska, Minnesota 55318 Phone 952-448-3321 Fax 952-448-3774 Real People. Real Solutions. July 6, 2017 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: Project related pay requests Dear Mr. Hoversten: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: 19521448-8805 Bolton-Menk.com Please find enclosed the following three project related pay requests which have been reviewed and are in accordance with proposals and/or project cost budgeted items. I recommend payment of these requests. 1. Norling Lake Minnetonka Landscapes, Inc. - $2,383.50 for landscape repair work at 4515 Manchester: 2016 Street Reconstruction project — Tuxedo Blvd. (PW -16-02) 2. Gaylen Thostenson - $502 for landscape repair work items at 5024 Bartlett Blvd, purchased and completed by homeowner: 2016 Street Reconstruction project — Bartlett Blvd. (PW -16-01) 3. Xcel Energy - $1,830.00 for installation of two lights on Lynwood Blvd, per approved MSA plans: 2017 Street Reconstruction project — Lynwood Blvd. This is a pre -payment along with a Construction Agreement that needs to be signed by the City Manager. (PW - 17 -01) Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. City Engineer Bolton & Menk Gj2t�lr7 g Lake Minnetonka Landscapes, Inc. P. O. Box 361, Spring Park, MN 55384 Phone: 952-471-0255 FAX: 952-471-1181 BILL TO City of Mound 2415 Wilshire Boulevard Mound, MN 55364 ATTN: Mr. Dan Faulkner, Sr. Project Mgr. DATE INVOICE # 6/22/2017 32776 -1905- TERMS JOB# NET 30 8740 QUANTITY DESCRIPTION RATE AMOUNT LANDSCAPE CONSTRUCTION - 4515 Manchester/Almquist (costs as quoted) Labor equipped with tools and truck (2 men, 6 hrs ea) 840.00 840.00 (acutal hours - 2 men, 7 hrs ea) Western Cedar Mulch 490.00 490.00 (21)Hosta 262.50 262.50 (12) Lilac 696.00 696.00 Irrigation -truck and operator (I hr) 95.00 95.00 (Homeowner left town and would not be able to water) 1.5% finance charge on balances over 30 days. Please write Job Number on check. Total $2,383.50 -1905- I�P��v wl ®� June 27, 2017 To: Eric Hoversten City Manager Director of Public Works 2414 Wilshire Blvd. Mound, MN 55364 From: Gaylen Thostenson Homeowner 5024 Bartlett Blvd. Mound, MN 55364 Subject: Replanting Perennials and Replacing Ornamental Boulders Bartlett Blvd. Greetings Eric;. On May 11th, my wife and I had a very positive conversation with Pat Schroepfer (Project Inspector) from Bolton & Menk regarding the finishing Cf the project of the great upgrading of Bartlett Blvd., improvement and replacement of infrastructure and repairing our lawn abutting Bartlett.. We specifically discussed how the work (mostly my wife) and I replanting plants, replacing ornamental boulders and repairing the lawn adjacent to our house. The Ryan Co. needed to re -arrange soil and any plants we weren't able to remove last summer, in order to complete their project. We definitely realize the importance of street surface replacement, upgrading of sewer, water and gas lines. We applaud the City of Mound for the necessary improvements. I asked Pat if it would be possible for us to receive reimbursement for the expenses we have encountered. He said we should submit the information to you, including our work time. We have decided to only submit receipts for perennials, ornamental blue boulders and black mulch. Please note the list below: -1906- Date Purchased Items Vendor Cost 5.2.17 (6) Lucerne Perennials Home Depot $58.00 5.2.17 (10 Lucerne Perennials Home Depot 96.00 5.4.17 (11) Blue Ornamental bould. Otten Bros. 30.00 5.4.17 (10) Firewitch Perennials Mustard Seed 130.00 5.4.17 (6) Firewitch Perennials Mustard Seed 68.00 5.5.17 (9) Dianthus Perennials Home Depot 32.00 5.6.17 (12) Blue Ornamental bould. Otten Bros. 16.00 5.10.17 (4) bags black mulch Home Depot 13.00 5.11.17 (6) bags black mulch Home Depot 19.00 5.11.17 (1) bag black mulch Md. True Value Hdwe. 4.00 5.13.17 (2) bags soil Md. True Value Hdwe. 12.00 5.13.17 (4) bags black mulch Md. True Value Hdwe. 13.00 5.13.17 (3) bags black mulch Md. True Value Hdwe. 11.00 Total: $502.00 Pat mentioned that Norlings Landscaping will be finishing the work on the corner of Avon and Bartlett where the white drainage pipe is located. Norlings probably won't get at this work until end of May or the first week of June, as per Pat. We would be pleased with whatever amount you may feel comfortable reimbursing us for the above mentioned items. Thank you for the opportunity for my wife and I to work with you and Pat. Please note: Our email address : gwthost@mchsi.com -1907- XcelEnergy Outdoor Lighting 825 Rice Street St. Paul, MN 55117 Construction Agreement For Street Lighting Facilities The ("Customer") and Northern States Power Company, a Minnesota Corporation d/b/a Xcel Energy ("Xcel Energy" or "Company") agree to this Construction Agreement for Street Lighting Facilities, including the attached Terms and Conditions, for the following street light facilities: Customer: City of Mound Address: 2415 Wilshire Boulevard City: Mound State: MN Zip Code: 55364 Project charges of: Eighteen hundred thirty dollars no/100 Dollars: $1,830.00 In accordance with the following terms of payment: Payment for the street light project is due prior to construction starting For Association or City of: Mound, MN Streetlights/Facilities Location: Lynwood Boulevard Rate Code: A30 -C Service consisting of: Installation of Company Owned streetlight facilities consisting of: Designation of Lamps: Number of Luminaries: Installation of 2 — C rated LED cut-off cobra fixtures on 30' 2 direct buried fiberglass poles. Moving the following Company Owned street light facilities to a new location: Project charges valid for 60 days from signing of contract. Construction process valid for 30 days from: Customer and Xcel Energy agree to the attached terms and conditions for the installation and moving of the facilities identified above. Customer and Xcel Energy agree that the operation of the newly installed or moved facilities shall be subject to the General Street Lighting Contract for Operations & Maintenance Services between Customer and Xcel Energy. Dated this 30th day of _June 2017 Dated this day of Customer: Xcel Energy By: By: Mary J. Woolf, Director Business Title: Title: Operations — Minnesota as authorized agent for Northern States Power Co. XCEL ENERGY USE ONLY Date: Div: XceI Ener Outdoor Lighting Consultant : Randy Kemnitz Xcel Energy Project Number: Customer Charges Paid: Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. A, gust 2006 -1908-.ge 1 of 5 Outdoor Lighting 825 Rice Street St, Paul, MN 55117 TERMS AND CONDITIONS Customer and Company agree to the following terms and conditions: 1. Acceptance. Execution of this Agreement constitutes Customer's acceptance of the express terms of Company's proposal and the offer contained therein, which are included and incorporated into this Agreement. Any additional or different terms proposed by Customer, or any attempt by Customer to vary in any degree any of the terms in this Agreement in Customer's acceptance, are hereby objected to and rejected, and (i) such additional or different terms shall not operate as a rejection of the incorporation of the Company's proposal in this Agreement unless such variances are with respect to terms involving the description, quantity, or delivery schedule of the Work to be performed by Company as described in Company's proposal ("the Work" means the supplying of any labor, materials, or any other work of Company expressly described in Company's proposal); (ii) such additional or different terms shall be deemed a material alteration hereof, and (iii) Company's proposal shall be deemed accepted by Customer and incorporated into this Agreement without said additional or different terms. 2. Request for Installation; Rights. Customer requests that Company install outdoor fighting at the location(s) designated on page one and/or as shown on the attached exhibit. Customer grants Company any right, privilege and easement to install, operate and maintain its facilities, including underground facilities, on the property. 3. Installation Requirements. Customer agrees that, prior to Company starting work: (1) the route of Company's service installation shall be accessible to Company's equipment; (2) Customer will remove all obstructions from the route at no cost or expense to Company; (3) Customer will clearly mark all septic tanks, drain -fields, sprinkler systems, water wells, owner -installed electric or pipeline facilities, or other Customer -owned facilities in the installation route; and (4) the ground elevation along the route shall not be above or more than four inches below the final grade. Company will contact the appropriate agency to locate 3 I party utility facilities (phone, cable, etc.) on Customer property. Customer agrees Company is not responsible for damage to Customer -owned underground facilities not marked at the time of outdoor lighting service installation. 4. Installation Cost Contribution. Customer agrees to pay an installation cost contribution provided in Project Charges on page one. Customer is responsible for any additional installation costs incurred by Company because of (1) soil conditions that impair the installation of underground facilities, such as rock formations, etc., and (2) sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route, such as extensive existing underground facilities, etc. 5. Winter Construction. Charges. When underground facilities are installed between October 1 and April 15, inclusive, because of failure of Customer to meet all requirements of the Company by September 30, or because the Customer's property, or the streets leading thereto, are not ready to receive the underground facilities by such date, such work will be subject to a Winter Construction Charge when winter conditions of six inches or more of frost exist, snow removal or plowing is required to install service, or burners must be set at the underground facilities in order to install service for the entire length of the underground service. Winter construction will not be undertaken by the Company where prohibited by law or where it is not practical to install underground facilities during the winter season. The charges apply to frost depths of 18" or less. At greater frost depths, the Company may individually determine the job cost. The Company also reserves the right to charge for any unusual winter construction expenses. All winter construction charges are non-refundable and are in addition to any normal construction charges. 6. Schedule; Delays. Quoted shipping and completion dates are approximate and are based on prompt receipt of all necessary information and approvals from Customer and access as required by Company and its contractors or subcontractors (if any) to the site and to the equipment which is the subject of this Agreement. If Company's performance is delayed by Customer's suspension of work, in whole or in part, or by any act or omission of Customer, the time for performance will be extended by the period of time required by Company to return to the Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. A, -q ust 2006 -1909-ge 2 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 state of performance that existed before the delay. If the delay or suspension continues for sixty (60) days, Company has the right to cancel or renegotiate the Agreement. customer will pay an equitable adjustment based on a claim submitted by Company for all reasonable costs, damages and expenses incurred by Company incident to the delay or suspension. 7. Changes. The prices for any extras or changes to the scope of the Work or modifications to the payment or performance schedule will be agreed upon in writing before either party will be obligated to proceed with such changes. Performance of any change will not waive any claims for equitable adjustment in price or schedule. 8. Relocating Facilities. Customer agrees to pay the cost of relocating any portion of facilities, including underground facilities, to accommodate Customer or as required due to altering of grade, additions to structures, installation of patios, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping or any other condition which makes maintenance of the Company's facilities impractical. 9. Environmental. Prior to the start of the Work, Customer will provide notice of any hazardous materials or hazardous situations that it is aware of with respect to the facilities where the Work is to be performed or that could affect the Work. In the event Company encounters the existence of asbestos, asbestos containing materials, formaldehyde, lead, or potentially toxic or otherwise hazardous material in the performance of the Work, the discovery thereof shall constitute a cause beyond Company's reasonable control and Company shall have the right to cease or not commence the Work until the area has been made safe by Customer or Customer's representative, at Customer's expense. 10. Restoration. Company will restore any excavation of the boulevard on Customer's property with existing soil so it is level and clean. Customer is responsible for the final compacting, loam, seeding, sod or watering of the boulevard at Customer's expense unless otherwise noted on page one of this Agreement. 11. Additional Charges. In addition to the project charges on page one of this Agreement, Company shall be compensated for any added costs of performing the Work attributable to any one or more of the following: (i) any and all extras and change orders and any and all other additional work mutually agreed by Customer and Company; (ii) any and all costs and expenses related to asbestos or other environmental matters, any unforeseen conditions or any changes in the law; and (iii) any and all added costs and expenses of performing the Work attributable to any change by Customer in the criteria or information for the facility or to any delay or breach by Customer or its subcontractors. 12. Operations; Maintenance. Customer requests and authorizes Company to provide illumination and maintain the street lighting facilities under the Terms and Conditions as described in Customer's General Street Lighting Contract for Operations & Maintenances Services with Company, which shall be effective upon the completion date of the street light installation. 13. Payments. Unless otherwise specified in Company's proposal, Company may at its option invoice Customer upon completion of the Work or invoice Customer on a monthly basis for construction work performed under this Agreement. Customer shall pay Company all invoiced amounts within thirty (30) days of receipt of invoice. 14. Termination. Customer may terminate the Agreement only upon written notice to Company and payment to Company for all (i) services and Work rendered or performed to the effective date of such termination; (ii) materials, supplies and equipment purchased prior to the effective date of such termination; and (iii) costs incurred by Company as a result of such termination. 15. Warranties. Company shall perform the Work in a safe and professional manner in accordance with all applicable codes, standards, regulations and laws. Company shall repair, replace or correct to Customer's satisfaction all faulty or substandard work or defects in materials which appear within ninety (90) days from the date of completion of the Work. Acceptance of the Work or payment by Customer shall not affect this obligation. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL STATUTORY OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE). Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. August 2006 -1910age 3 of 5 ce Energy Outdoor Lighting 825 Rice Street St. Paul, MN 55117 16. Limitation of Remedies. IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL COMPANY BE LIABLE TO CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE. In no event whatsoever shall Company ever be liable to Customer for any damages or other amounts (including, without limitation, direct or actual damages), whether arising in contract or tort (including, without limitation, negligence) or otherwise, under or in connection with this Agreement or the Work, in an amount, in the aggregate, in excess of the total price paid for the Work; any and all claims for damages in excess of such amount being hereby forever waived and released by Customer; provided, however, that nothing contained in this sentence shall waive or limit any direct damages which Customer may suffer on account of Company's gross negligence or willful misconduct. 17. Force Majeure. Neither party will be liable to the other for any delay or failure to perform due to any cause beyond its reasonable control, including fire, flood, strike or other labor difficulty, act of God, or act of any governmental authority. The party experiencing the force majeure will notify the other party promptly, and appropriate adjustments will be negotiated. In the event of delay in performance due to force majeure, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay, provided that if such delay continues for 60 days the party not experiencing the force majeure may terminate this Agreement. 18. Document Approval. Company may request that Customer review documents developed by Company for conformity with Customer requirements or specifications. Unless Customer advises Company otherwise in writing within fifteen (15) days after Company's submission, Company may consider the documents approved and proceed with work. Changes thereafter, made at the direction of Customer, will entitle Company to adjustment by change order. 19. Documentation and Proprietary Information. Customer will provide Company with accurate and complete information in order to permit Company to successfully undertake and complete the Work. Company shall not be prohibited from disclosure or use of proprietary or confidential information or documents necessary for Company to secure or maintain in effect any license or permit, or otherwise to complete the Work. Where Customer information is incomplete or incorrect, resulting in delay or extra work, Company will be entitled to adjustment by change order. 20. Work Product. All reports, drawings, plans, specifications, calculations, studies, software programs, tapes, models and memoranda, if any, assembled or prepared by Company or Company's affiliates, independent professional associates, agents, consultants, contractors or subcontractors pursuant to this Agreement are instruments of service in respect of the Work, and Company shall retain all ownership and property interest therein, whether or not the Work is completed. Customer may make and retain copies for information and reference in connection with the Work; provided, however, that it is understood and agreed that such documents are not intended to be re -used by Customer or others on extensions of the project or on any other project or any other purpose other than as expressly set forth in this Agreement, and Customer shall not re -use or disclose to any third party all or any portion of such work product without the express prior written consent of Company. 21. Customer Facilities. Company does not assume any responsibility for the adequacy, safety or satisfactory performance of Customer's facilities. Customer shall, to the fullest extent permitted by law, indemnify, defend and hold harmless Company and its officers, directors, agents, employees, and representatives from and against any and all losses, claims, damages, expenses (including attorneys' fees and costs) arising, for any reason whatsoever, out of the failure, non -operation or faulty performance of Customer's facilities (except to the extent of Company's gross negligence or willful misconduct). 22. Subcontracting. Company may subcontract any portion or all of the Work without the approval of Customer. 23. Independent Contractor. Nothing contained in this Agreement nor any acts of the parties shall be construed to create the relationship of principal and agent, or of limited or general partner, or of joint venture or of any association between or among the parties to this Agreement, except that of owner and independent contractor. 24. Title; Rights of Access_ Customer warrants that it has fee simple title to the property. Customer hereby grants to Company the right to enter and improve the real property for the purposes stated herein. Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. August 2006 _1911_3ge 4 of 5 c/Energy Outdoor Lighting 825 Rice Street St. Paul, MN 55117 25. Ownership. Customer shall acquire no right, title or interest in any portion of the Work or Company's equipment or facilities placed in, on, over, through and/or under the real property by Company. The Work constructed and installed by Company on the real property of Customer shall be and mean the personal property of Company, shall not be considered a fixture of the property, shall not attach to the realty, and shall not be alienable or lienable by Customer or any other party. Further, Company may remove, repair and replace the Work and its component system and equipment at any time without notice in Company's sole and absolute discretion. 26. Other. It is agreed that failure by Customer or by Company at any time or from time to time to enforce any of the provisions of this Agreement shall not be construed to be a waiver of such provision or of Customer's right or Company's right, respectively, to thereafter enforce each and every provision hereof. This Agreement contains, with respect to the specific services to be performed by Company, the entire understanding of the parties, and shall supersede any other oral or written agreements and be binding upon and inure to the benefit of the parties' successors and assigns. This Agreement may not be modified in any way without the written consent of both parties. If any provision of this Agreement is determined by a court to be unenforceable, then such provision will be deemed null and void but the remaining provisions shall be enforceable according to their terms. This Agreement shall be construed and interpreted in accordance with the internal laws of the State of Minnesota (as opposed to conflicts of laws provisions) as though all acts and omissions contemplated hereby or related hereto occurred in Minnesota. No course of prior dealing, usage of trade and course of performance shall be used to modify, supplement or explain any terms of this Agreement. Neither Party will assign or otherwise transfer its rights or obligations hereunder, in whole or in part, without the advance written consent of the other. Notwithstanding the above, Company may assign its rights or obligations to any of its affiliates without the written consent of Customer. 27. Governing Law. The Terms and Conditions provided herein and the rights of all the parties hereunder shall be construed under and governed by the laws of the State of Minnesota. Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. August 2006 -1'912-age 5 of 5 2415 Wilshire Boulevard Mound, MN 55364 (952)472-0604 MEMORANDUM To: Honorable Mayorand City Council From: Sarah Smith Date: July 5, 2017 Re: July 11, 2017 City Council Consent Agenda Item - Public Gathering Permit and Musical Concert Permit for 2017 Westonka Community & Commerce Dog Days Overview. Karen King, on behalf of Westonka Community & Commerce (WCC), has submitted a Public Gathering Permit application for the 2017 Dog Days annual event to be held on Auditors Road and surrounding vicinity of the Harbor District in downtown Mound on Saturday, August 12, 2017 from 9:00 a.m. to 2:00 p.m. Details about the upcoming event are outlined in the permit application and supporting materials that were submitted by the applicant. Some highlights about the event are summarized below: • The 2017 Dog Days special event will be similar to past years and includes the "Splash for Cash" dogjumping competition again this year. • Expected attendance is 300+ people. • Estimated cars at the event is approximately 200+. Staff anticipates parking will take place in the Transit District (surface and parking deck). Event attendees may also walk or bike to the event. • One (1) portable, accessible restroom is being provided for the event. Public restrooms are available in the Transit District next to the Dakota Regional Trail. • Auditors Road will be closed for the event and during set-up and tear down activities. • The certificate of insurance was submitted for the event and was approved by Staff. Comments. • A reduced fee of $150.00 is recommended because this community event serves a public purpose and benefits Mound. Staff notified Mound Staff and involved agencies about the upcoming event. Applicant is responsible for contacting the Orono Police Department, the Mound Fire Department, and the Public Works and Parks Department regarding the event, including coordination activities and personnel/equipment needs; also any involved agencies (i.e., Hennepin County Transportation, Hennepin County Environmental Health, the Three Rivers Park District, etc.). A temporary sign permit was submitted for the event and includes the use of special event yard signs, banners and an over- the -road sign to be hung on Bartlett Boulevard. -1913- o A live music permit is not required as the event is taking place during the day. ® An open sided tent(s) will be used at the event. No heater(s) will be in the tent(s). Recommendation: Staff recommends approval of the requested Public Gathering Permit for the Dog Days event, subject to the following conditions: 1. Applicant shall submit a final site plan for review and approval prior to release of the Public Gathering Permit. 2. Applicant shall be responsible for procurement of all required public agency permits that are needed to hold the event (i.e., the Hennepin County Transportation Department, the Three Rivers Park District etc.) Applicant is also required to for ensuring that all vendors (i. e., food vendors, etc.) have all of the required permits needed, including, but not limited to, a temporary food permit from Hennepin County Environmental Health. 3. Applicant shall be responsible for obtaining a temporary sign permit, including payment of involved fee(s). Special event signage shall be subject to the provisions of Code Section 119-(i) (6). Applicant is responsible for removal of all signage following the event. 4. Applicant shall work with the Orono Police Department, the fire Department, and and the Public Works Department regarding logistics for the upcoming event including, but not limited to, equipment and personnel needs, site set-up and staging, traffic/pedestrian control and circulation, road closure, etc. Applicant is responsible for payment of fees for public safety or public services that may apply. 5. Amplified music, speakers and PA/sound systems are to be directed in the direction best suited to minimize impact upon neighbors. 6. Applicant shall be responsible for obtaining all required agency permits required for the event and shall provide copies of all said permits to the City prior to the issuance and release of the Public Gathering Permit. 7. A reduced fee of $150.00 shall be charged for the event. 8. The portable restroom being provided for the event is required to be ADA compliant. 9. Applicant shall be in contact with the Mound Farmers' Market & More to inform them of the upcoming event. o Page 2 -1914- A (draft) resolution, based on Staffs recommendation, has been prepared for the Council's consideration/action. ® Page 3 -1915- CITY OF MOUND RESOLUTION NO. 17 - RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND OUTDOOR MUSICAL CONCERT PERMIT FOR 2017 DOG DAYS SPECIAL EVENT WITH A REDUCED FEE DUE TO PUBLIC PURPOSE OF GATHERING WHEREAS, on December 13, 2016, the City Council of the City of Mound adopted Resolution 16-169 to establish its Fee Schedule for 2017 ("Fee Schedule"); and WHEREAS, the Fee Schedule set a Public Gathering Permit Category I Location Fee at $300 per day and the Damage Deposit at $500 per day; and WHEREAS, the Fee Schedule set the Musical Concert Fee at $50 per day unless a Public Gathering Permit Fee is being paid; and WHEREAS, Karen King, on July 5, 2017, submitted Public Gathering Permit and Musical Concert Permit applications, on behalf of Westonka Community & Commerce, for the 2017 Dog Days special event being held on Saturday, August 12, 2017 in the vicinity of the Harbor District in downtown Mound; and WHEREAS, City Staff has reviewed said application and has recommended reasonable conditions to protect the public's investment in its public parks and commons areas as set forth in the Staff Memorandum to the City Council dated July 5, 2017 ("Conditions"); and WHEREAS, the City Manager and City Staff desire to waive a portion of said fee and to charge a reduced fee of $150 for the proposed gathering because it is a special event that benefits the community as a whole, it requires an extremely limited amount of city expenditures, and the primary objective of the event is not to benefit a private interest but rather to showcase the economic, recreational, and residential opportunities and amenities located within the City of Mound as a whole and within the geographic area of the proposed public gathering. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as follows: 1. The recitals set forth above are incorporated into this Resolution. 2. A reduced fee of $150 is in the public interest due to the overwhelming public benefits and extremely limited demands on city resources arising from the 2017 Dog Days special event. 3. The Public Gathering Permit and Musical Concert Permit for the 2017 Dog Days special event is hereby approved with Conditions. 4. The signage plan for the 2017 Dog Days special event is approved. -1916- Passed by the City Council this 11th day of July, 2017. Attest: Catherine Pausche, Clerk -1917- Mayor Mark Wegschied CITY OF MOUND 2415 WILSHIRE BLVD. MOUND, MINNESOTA 55364 PUBLIC GATHERING PERMIT Use of a public park, streets or rights of way by any group consisting of 15 or more individuals. Use is not to interfere with traffic and general use of the public lands or to be beyond the ability of the police in maintaining order. NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS. Group is to remove all litter and trash and provide a deposit to insure cleaning up of the public lands. Category I Locations (Surfside Park, Greenway, Centerview and Parking Deck) PERMIT FEE: $300/DAY DAMAGE DEPOSIT: $500/DAY* Category II Locations: Other parks (neighborhoods, veterans parks) PERMIT FEE: $50/DAY DAMAGE DEPOSIT: $200/DAY* A certificate of insurance naming the City of Mound as Certificate Holder/Additional Insured is required with respect to the City's ownership of the public lands. The permit holder must waive their right to subrogation in favor of the certificate holder. Date(s) of Use Area to be Used 1i74 L2: (C� 1 uL iUi� _' 1 j 6j Time Frame _41— rC pl-ki Intended Use Expected Attendance _ C Organization Representative's Names Address �' X %'�i Gi ( L/S/ 7 ✓� l/, ti/- r\' / / Telephone No. Daytime: 7//( j C Work: E -Mail: ,41 f A/ Departmental Approval City Clerk Police Dept. Public Works Dept. -1918- Fire Dept. $100/day Date of Musical Concert LICENSE # CITY OF MOUND 2415 WILSHIRE BLVD. MOUND, MINNESOTA 55364 MUSICICAL CONCERT PERMIT APPLICATION (Including, but not limited to, live music, music provided by a disc jockey, and/or any type of amplified music) EVENT: LOCATION OF MUSICAL CONCERT: �'tI��CEti0 TYPE OF MUSICICAL CONCERT:�y(ii TIME PERIOD OF MUSICAL CONCERT cm (HOURS PERMITTED: Mon - Sun: 7:00 am - 10:00 pm) REQUESTED EXTENSION OF HOURS: (Council approval must be received to conduct a musical concert after 10:00 pm) A certificate of insurance naming the City of Mound as Certificate Holder/Additional Insured is required with respect to the City's ownership of the public lands. The permit holder must waive their right to subrogation in favor of the certificate holder. APPLICANT: CONTACT: ADDRESS:' %G ✓vi'I/ ADDRESS: E-MAIL /I HONE #: WORK PHONE v Date Applicant's Signature 6 Department Review Approved Denied Police Dept. Adm. Fire Dept. -1919- 5 ,•OSA qd _ Westonka Community & Commerce is proud to present the 2017 Dog Days Westonka which is our summer event to celebrate the Dog Days of Summer. An event of activities for your pets and pet lovers. The event will be held at the Mound Harbor District between Auditors Road and Shoreline Drive in Mound and start at 9:00 AM and go through 2:00 PM. The day will feature lots of fun activities and booths for both dogs and people. Events include Blessing of the Animals, Hennepin County K-9 Demonstration, Pet'Olympics dog competition to include: Costume Parade and Cutest Puppy Contest, Musical Sit and "Splash for Cash". Anyone can enter their dogs in "Splash for Cash" to have a chance to compete in the championship where your pet will be award cash prizes for Gold, Silver and Bronze medals. Besides these events there will also be a variety of booths for attendees to visit such as Nail Trims, a hydration station and pet photos. Food and Beverage will also be available for purchase. The event is free and entirely run by volunteers. Of course, dogs on leashes are welcome and owners are responsible for picking up after their dogs. Westonka Community & Commerce will be collecting Food & Cash donations to benefit: Hennepin County K -9's that service our community +S Westonka Food Shelf & WeCAN Doggie Poo Stations along the Dakota Rail Trail Attached find Exhibitor/Vendor and Sponsorship Forms. Please complete and return prior to July 7`" to take advantage of our print marketing and banners. Looking forward to another fun event Westonka Community & Commerce Dog Days Committee Westonkac KNNETRISTA . Y&UN6 + NAVARRE - SPRINC PARK -1920- yr: rJAY NYGARD FOR SENATE i UFC FARM SUPPLY i J ^— SAVE A !� !BULL RESCUE r—� !d6TERRA MINNEHAHA „ WATERSHED BE E i 9 it ° o �f F — o € 1 RYAN ANDERSON L� MUSHER PERPETUAL MOTION CHIROPRACTIC—' J KIDS CREATIVE I m i0 'BOOTH Lz oz; i WeCAN I Li4 MINNESOTA LAKES BANK h O Z c ° \°o 1 I S 3ozi I aPo! •_i i i �PET PARADE :UNLEASHED l BEHAVIOR "? SPRING PARK } ?PHARMACY fn !JUBILEEFOODS ST. JOHN'S LUTH CHURCH LrSECOND HAND —IHOUNDS BOW WOW -MEOW BANDANAS ORONO POLICE I ;DEPARTMENT CARVERSCOTT I f HUMANE SOCIETY t GIRL SCOUTS 1921 - TI im AMERICAN LEGION AMERICAN LEGION Lo MONIQUE OF SWITZERLAND JEWELERS f. fl VT NORTH STAR ! SHIH TZU RESCUE y� CANVASBACK a vhi ¢ w < w rJAY NYGARD FOR SENATE i UFC FARM SUPPLY i J ^— SAVE A !� !BULL RESCUE r—� !d6TERRA MINNEHAHA „ WATERSHED BE E i 9 it ° o �f F — o € 1 RYAN ANDERSON L� MUSHER PERPETUAL MOTION CHIROPRACTIC—' J KIDS CREATIVE I m i0 'BOOTH Lz oz; i WeCAN I Li4 MINNESOTA LAKES BANK h O Z c ° \°o 1 I S 3ozi I aPo! •_i i i �PET PARADE :UNLEASHED l BEHAVIOR "? SPRING PARK } ?PHARMACY fn !JUBILEEFOODS ST. JOHN'S LUTH CHURCH LrSECOND HAND —IHOUNDS BOW WOW -MEOW BANDANAS ORONO POLICE I ;DEPARTMENT CARVERSCOTT I f HUMANE SOCIETY t GIRL SCOUTS 1921 - TI im a Y01 zx. Dai 3aS r— GLAMOUR PETS SMOOCHYOUR POOCH ROBERTS PHOTO f MN/WI ( COLLIE RESCUE gt OFF E ! OLLARSH MN COMPANION ! RABBITSOCIETY ACHIEVE HEALTH CARE ! NORTH STAR ' THERAPY ANIMALS �1 C— j jAUTHORS BOOTH ',. FIRST MINNESOTA L.......__ BANK 1 JENNfl'S CONCESSION HOUNDS ABOUTTOWN AMERICAN LEGION AMERICAN LEGION Lo MONIQUE OF SWITZERLAND JEWELERS VENTURE PHOTOGRAPHY NORTH STAR ! SHIH TZU RESCUE CANVASBACK a Y01 zx. Dai 3aS r— GLAMOUR PETS SMOOCHYOUR POOCH ROBERTS PHOTO f MN/WI ( COLLIE RESCUE gt OFF E ! OLLARSH MN COMPANION ! RABBITSOCIETY ACHIEVE HEALTH CARE ! NORTH STAR ' THERAPY ANIMALS �1 C— j jAUTHORS BOOTH ',. FIRST MINNESOTA L.......__ BANK 1 JENNfl'S CONCESSION HOUNDS ABOUTTOWN r -,n talent foy Weftoxika Communitiij & Commerce 14INNETRISTA . MOUND - NAVARRE ® SPRING PARK vane watch or JUM .! Big i Dog Competition S1 25 Gold Sponsored by 75 Silver- ll, � F VEHICLE PET PFOTECTON (Judges Award of Merit) „ostia s r• • f •• a. Fun and Qualifying Jumps from • 0 1:00prn Splash For Gash Championship 1:30pm Top 10 Longest Juleps qualify for Ghal-npi ;---'—'P " e *V t. n 4� a, vli1�S�'Yxaa l.nPa .i n SEASONAL, BANNER, & __r,naF�o�No- PORTABLE SIGN PERMIT 2415 Phone -06 0 und,Fax 52 55364 APPLICATION Phone 952-472-0600 Fax 952-472-0620 Note: Any information supplied on this form will be considered public according to the Minnesota Government Data Practices Act. SITE Property Address Zone Business Name Phone APPLICANT Name z Email - ih �3�`% L Phone '5, 45 Z 2 Q:�ff Fax Other OWNER Name Phone Fax Other SIGN Company Name 7 /A/C CONTRACTOR Address /5 -7 ��� !2)�Y 'k fm) 664J Contact Person all C_ G ( 'i Email Ir2i1�E¢ Phone % i AJCG' Fax Other See City Code Chapter 119-4 ❑ Seasonal Sign $25 - Dates from to Size feet x feet = sf Message Seasonal Signs - Seasonal signs of a temporary or portable nature may be used in the non-residential districts to promote or advertise on -premise seasonal services or merchandise. Such signs shall be limited to a maximum of thirty-two (32) square feet and shall not be left in place for more than a two (2) month period. Permits and fees shall be required for all seasonal signs, and permits may be issued no more than two (2) times per calendar year per business. I ®"Banner/Pennant $25 -Dates from�� to Describe eventa Sign locations (list or attach map) Temporary banners and pennants employed for grand openings of business establishments, special events or promotions and holidays are not exempt from permits and fees and shall be removed within thirty (30) days upon permit issuance unless an alternate schedule is approved by the City Council. Temporary banners and pennants are prohibited from being placed upon any decorative fencing unless the banner or pennant is used in conjunction with a government, a quasi -public function, or similar -related special event. Permits for banners and pennants can be issued no more than four (4) times per calendar year. ❑ Portable Sign (no fee) - Dates from Sign locations (list or attach map) Describe sign (message, materials, etc.) to Number of signs --1925- Portable Signs used for the purpose of directing the public may be permitted under the following conditions: (a) Said sign is coincidental to, or used in conjunction with, a governmental unit or quasi -public function; and (b) The period of use of said sign shall not exceed thirty (30) consecutive days; and (c) Signs shall not be used more than four (4) times during a calendar year; and (d) Signs shall be placed on the premises of the advertised event and/or on such other premises following approval of a temporary sign permit by the City of Mound. Administrative approval of a portable sign permit is permitted if the following conditions are met: 1. The sign is not being placed on public property. 2. Written permission from the property owner of record is provided if being located off -premises. 3. The criteria reference in subsections (a), (b), and (c) above are met. 4. The proposed location of the sign is reviewed and deemed acceptable by Mound Staff, which shall include the Police, Planning, and Engineering Departments, based on the following criteria: • The sign is not being placed in the road right-of-way. • The sign does not obstruct the sight triangle for pedestrian or vehicular traffic. • Placement of the sign does not create any potential traffic or other related hazard; and (e) Portable sign placement on public property requires City Council approval; and (f) Such signs shall require the issuance of a permit but will be exempt from all fees; and (g) In the instance of a multi -use facility, only one seasonal sign may be placed on the premises at any one time. Applicants are advised that incomplete applications or insufficient information can delay the processing of the permit request or may result in the application being rejected. Please fully complete all involved sections of the application and provide as much detail as possible, including, but not limited to, the proposed locations of signs, using addresses or landmarks, and written permission from the property owner for off-site locations. t i APP ANTS SIGNATURE 0 ATE (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: RECEIVED BY 8, DATE 7KED BY EPPROVED BY &DATE COPIED APPROVED fzONING -1926- 2017 Dog Days Westonka Banners and Yard Signs 1. Carbone's Decorative Fence Facing Commerce Blvd a. Approval from WAH & Carbone's and Carly Miller LS Capital 2. Westonka Animal Hospital 3. Shoreline Drive & Barttlet Blvd in front of the Welcome to Mound Sign 4. Shoreline Drive & Auditors Road 5. CR 110&CR 151 6. 110 & 44 over the street banner Yard signs (approx. 40) will be placed throughout the community -1927- QTY ? 18' x 24' Digitally Printed Corro, 2 -sided -1928- ix20 13u6 F`Felded Hems G,proinex5 O`,rER THE ROAC 2 -SIDED :H30«tax 5 x i0'I-SIDED Role Peet, o,top vnfh Weltled Her, S6'orjol (161z 5126+lax) of 113ot L105' -tax) -1929- W m 8 C .MR i527 116 — TDT Riders • 7 i; 166 different communities 36 Minnesota counties • 19 States -1934- 7/6/2017 EconomicImpact A U of M Extension professor studied the economic impact that biking events, organized rides and tours generate statewide in tourism and recreational spending. The results.... $14.3 million in economic activity in 2015 • An average of $121 a day per participant To oo Communities aoa6 °P `sMinnetonka 43s Minneapolis 3�43 Eden Prairie a5) 4 Chanhassen u5 9 Plymouth n9 lRolk 6 Excelsior S' 7 St. Louis Park so3B Wayzata ro0 9 Edina 93 Maple Grove 90 luTotathesecommooideebrought 1 It Male aoa3 411— ank olm", Female %Female Total# 11 o kine BE 1s e5p 12 hoo—od ]3 9 �Is 13 testa 65 o 3 3a muco 63 to 15 I.PoUI 63 15 e12 15 loomin Nn 52 o -19 1] Men Nlle a6 11 .0 16 etoria _� 46 20 e10 old 45 1 30fi 30 16 418 old685 Total these Commvnities brought ao36 m,, T: 4384 2016 Tour de Tonka Demographics Male %Male Female %Female Total# 0-9 ears old 69 66% 35 34% 106 0-19 ears old 210 70% 91 30% 301 old 189 36% 149 44% 338 old 336 61% 205 39% 319 old 419 38% 30fi 42% ]23 old685 66% 346 36% 1031 old ff 336 ]4% 118 26% 636 ld 53 83% 11 1]% 64 old z f00% 0 0%z S 22]9 64% 1261 36% 3340 T: 3006 2969 Youngest Rider: 5 Oldest Rider: 86 To 2016 Top 21- 40 Communities a ap 60 Communities 2016 Total 2015 Rank _ YI ootlbu ZZ <risO 36 E3 33 ovN 33 E] Ea MFo E9 30 35 IeNll 36 37 Z6 ES 30 z> o�ws zd zo EB Z3 24 E9 mvetl 1E 3b mNlle 19 36 31 PlbrLake i6 Ed 33 lane 17 dE 33 navilk I6 3E 33 Pi[M Itl ]6 3E 35 9mo4 nPark 15 E6 35 IS ]0 3] mxrGmve He F4 ld 3I MentloG Hel b6 6a 39 Fem lin 13 39 lal 13 at 2016 otal these Communitiez brought to Td Male %Male Female %Female Total# 0-9 ears old 69 66% 35 34% 106 0-19 ears old 210 70% 91 30% 301 old 189 36% 149 44% 338 old 336 61% 205 39% 319 old 419 38% 30fi 42% ]23 old685 66% 346 36% 1031 old ff 336 ]4% 118 26% 636 ld 53 83% 11 1]% 64 old z f00% 0 0%z S 22]9 64% 1261 36% 3340 2017 Cities Traveled Through Chanhassen Chaska Deephaven Delano Eden Prairie Excelsior Greenwood Independence Long Lake Mayer Minnetonka Minnetrista Mound Navarre Orono Shorewood Spring Park Tonka Bay Victoria Waconia Watertown Wayzata Norwood -Young America 7/6/2017 To date. Tour do 11 Tonka has raised almost 550,000 r the $3,540 Donations from Rider Registration $3,969 Same Day Donations (Ron Kamps' fishbowl) $616 52 pounds of food (X $1.70 per pound) $88 2076 TOTAL $8,273 T: 3006 2969 ICA Foodahalf. Annual Donation from TdT Police and Fire Departmei $3,540 Donations from Rider Registration $3,969 Same Day Donations (Ron Kamps' fishbowl) $616 52 pounds of food (X $1.70 per pound) $88 2076 TOTAL $8,273 Norwood Young America Fire II Watertown Fire Minnetonka Police Carver County Sheriffs Deephaven Police Eden Prairie Police Minnetrista Police Orono Police Plymouth Police Wayzata Fire Delano Fire Wayzata Police Wa<onia Fire I Victoria Fire Excelsior Fire Maple Plain Fire Long Lake Fire 'i`'ek South Lake Minnetonka Police '� Three Rivers District Park Police West Hennepin Public Safety -1935- 2 1 •. Excelsior Elementary NYA Legion Park Crystal Bay Chanhassen Bluff Cree. Chaska Pioneer Park Orono Trinity Lutheran Church Mound Bethel United Methodist Church Minnetonka Middle School East Minnetonka High School Waconia Brook Peterson Park mmOmw MINNETONKAe INVICTA -1936- 7/6/2017 2017 Tour de Tonka All Rides e �. — Y ha' 3 Minnesota ZMT-Afa-j—or bponsors All R RIC�EWATE �.4NK ® Park Dental Y� Lt t MEMORIAL HEALTH 3 Youth See vou there! -1937- 1 Kate Raddat from WCCO N, singing the National Anthem. 7/6/2017 RESOLUTION NO. 17 - RESOLUTION EXPRESSING APPRECIATION TO CITY ENGINEER DAN FAULKNER WHEREAS, Dan Faulkner of Bolton & Menk has served the City of Mound as its City Engineer from 2006 to 2017; and WHEREAS, Mr. Faulkner has made the decision to retire from Bolton & Menk on July 14, 2017; and WHEREAS, over time this longstanding relationship has resulted in a deep mutual professional and personal respect between the City Council, the City Manager, other City Staff, and Mr. Faulkner; and WHEREAS, Mr. Faulkner can be credited as a pragmatic member of the Team that drove Mound's street and utility improvement projects, leaving a proud legacy; and WHEREAS, Mr. Faulkner's warm smile and sincere disposition always ensured that there was a bit of lightness in the day to day work, even while deliberating over difficult situations; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does wish to express its sincere appreciation to Mr. Dan Faulkner for his service to the City of Mound over the years, and to wish him the very best in his retirement. Adopted by the City Council this 11th day of July, 2017. Attest: Catherine Pausche, Clerk -1938- Mayor Mark Wegscheid 2415 Wilshire Boulevard Mound, MN. 55364 MEEM (952) 472-0605 Memorandum To: Honorable Mayor and City Council From: Field Officer Stewart B. Simon5P Date: July 6, 2017 Re: Regular Agenda Item 8: Hazardous Building Abatement Order for 4837 Bedford Road Summary. Due to the present conditions of the dwelling located at 4837 Bedford Road, which is the result of significant damage to the structure and accumulation of refuse in the living areas; which has not been repaired, razed, or removed, the Building Official and Community Development Staff have deemed the property to be a hazardous building or hazardous property under Minnesota Statute § 463.15, Subd. 5. BackgroundfTimeline. ➢ On June 19, 2015, Staff received a report from the Orono Police Department regarding a property maintenance complaint, which were discovered during a welfare check at the subject property. On June 24, 2015, the Building Official performed an inspection of the exterior grounds of the subject property. During this inspection, the following conditions: no landing for the front patio door or guard rail to protect from falling from the second story, rotting and unsecured railing on the front stairway, rotting and unsecured raised wooden walkway at the front of the dwelling, no guard on a portion of the rear deck, rotting boards on the rear deck, no stairway to the deck with a ladder used to provide access, siding deterioration, siding delamination, siding separation from the building, holes in the siding and exterior sheathing, and the northwest corner of the roof had separated from the structure leading to probable water intrusion into the building envelope. ➢ On July 1, 2015, the Building Official notified the property owner and occupant that the subject property was in violation of the International Property Maintenance Code (IPMC). The Building Official requested the property owners provide access to the interior of the dwelling for purposes of inspection, within ten (10) days. The property owner and occupant did not respond to this letter. On August 3, 2015, the Building Official sent a second letter to the property owner and occupant, advising the property was in violation of the IPMC and requesting access to the interior for purposes of inspection. The property owners were to contact the Building Official within five (5) days to schedule the inspection and discuss plans to repair the exterior of the structure. The property owner and occupant did not respond to this letter. -1939- The Act affords the City two (2) options for abatement of hazardous buildings or properties: 1) Voluntary Abatement in a voluntary abatement, all owners of record, occupants, and lienholders of record, enter into a signed agreement with the City, consenting to the City taking any necessary actions to abate the hazardous conditions, with all incurred costs charged against the property as a special assessment; all interested parties waive all rights to appeal the special assessment. The Council may, as specified in the Act, authorize the payment of the special assessment to be collected in five (5) equal annual installments, at a set interest rate of eight (8) percent annually. A voluntary abatement is commonly referred to as a Consent and Waiver Agreement. 2) Order to Abate. With an order to abate, the Council orders by Resolution, the owner of the hazardous property or building to correct or remove the hazardous conditions or raze or remove the building. The order, which must specify all required actions necessary to correct the hazardous conditions and provide reasonable time for compliance, is filed in district court. If the property owner fails to comply with or appeal the order, the City can seek summary enforcement of the order by the Court. All costs incurred by the City related to the order and enforcement, can be charged against the property as a special assessment payable in a single installment, or recovered by seeking a judgment against the property owner. in general, the costs associated with an order to abate are higher than those with a voluntary abatement. In the case of the subject property, the property owner has not responded to repeated requests to abate the hazardous conditions present on the property and has not agreed to a voluntary abatement, leaving an order to abate as the option of last resort. The subject property is owned by Chelsea Tangen and occupied by Sandra Marie Stangland. According to the certificate of title, there is a mortgage dated January 23, 2012, recorded against the property. Photographs documenting the extent of the hazardous conditions have been included with this memo as Exhibit A. Staff, in consultation with the Building Official and City Attorney, has drafted an Order for Abatement of a Hazardous Building, which would be served upon the property owner, occupant, and lienholders of record, requiring the abatement of the hazardous conditions on the subject property within 20 -days of service. The Order requires the abatement of the hazardous conditions by either removal of the structure, or completion of the following: 1. Obtain assessment from a licensed structural engineer to determine what needs to be done to remedy the numerous structural deficiencies of the dwelling including but not limited to the front stairway, the rear deck, and the separation of the roof from the northwest corner of the building; 2. Obtain permits and begin work on needed structural repairs according to the structural engineer's assessment; 3. Install proper guardrails on all stairways and decks; 4. Replace all rotten boards on all stairways and decks; 5. Repair and/or replace all siding and exterior sheathing with holes; Page 3 of 4 -1940- 6. Repair and/or replace missing and deteriorated siding; 7. Repaint existing siding that is in fair condition; 8. Make second -story patio door safe by either (a) installing a landing at the exterior, (b) installing a guard to protect from falling if the door is opened and providing adequate fall protection from the interior, or (c) removing the door and repairing the resulting hole; 9. Ensure roof and flashing are sound, tight, and have no defects to admit water intrusion into the dwelling; 10. Repair or remove unsafe light fixture installed at the basement stairs; 11. Remove all excess junk, garbage, and unnecessary articles from inside the dwelling; and 12. Clean and sanitize the dwelling. If the hazardous conditions are not abated within 20 -days of the Order being served, the City will petition the court for summary enforcement, allowing the City to take corrective actions to abate the hazardous conditions by either removing the structure or making the necessary repairs to the property. A copy of the Order to Abate has been included with this memo, as Exhibit C. Recommendations. Staff recommends the City Council take the following actions; 1. The City Council approve the attached Resolution ordering the abatement of conditions creating a hazardous building existing at 4837 Bedford Road, in the city of Mound, Minnesota 55364. 2. Execution of the Order for Abatement of a Hazardous Building by the City Attorney, by serving on the property owner, occupant, and all lienholders of record. Page 4 of 4 -1941- CITY OF MOUND RESOLUTION NO. 17 - RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS BUILDING EXISTING AT 4837 BEDFORD ROAD, IN THE CITY OF MOUND, MINNESOTA 55364 WHEREAS, the property located at 4837 Bedford Road, Mound, Minnesota, legally described as Lot 1, except the South 5 feet thereof-, Lots 2 and 3, Block 23, "Wychwood'; situated in Hennepin County, Minnesota contains a single-family dwelling (the "Subject Property"); and WHEREAS, Chelsea Tangen ("Owner") is the owner of the Subject Property; and WHEREAS, Sandra Marie Stangland ("Occupant") is the occupant of the Subject Property; and WHEREAS, on June 19, 2015, the Field Officer for the City of Mound ("City") received a report from the Orono Police Department regarding a property maintenance complaint at the Subject Property which stemmed from a welfare check at the Subject Property; and WHEREAS, the City Building Official performed an inspection of the exterior of the building on the Subject Property on June 24, 2015 and found the following conditions: no landing for the front patio door or guard rail to protect from falling from second story, rotting and unsecured railing on front stairway, rotting and unsecured raised wooden walkway at the front of the house, no guard on a portion of the rear deck, rotting boards on the rear deck, no stairway to the deck with a ladder to access, siding deterioration, siding delamination, siding separation from the building, holes in the siding and exterior sheathing, and the northwest corner of the roof had separated from the building leading to probable water intrusion into the building's envelope, as shown in photographs taken by the City Building Official attached in Exhibit A; and WHEREAS, the City Building Official sent a letter to the Owner and the Occupant communicating his findings from the June 24, 2015 inspection on July 1, 2015 and requested an inspection of the interior of the building; and WHEREAS, the Owner and the Occupant did not respond to the July 1, 2015 letter or subsequent requests from the City for inspection nor did the Owners take any corrective action with regard to the exterior of the structure; and WHEREAS, the Orono Police Department reported the Subject Property as being potentially hazardous on November 16, 2016 to the City; and -1942- 502651 v1 LBK MU200-202 WHEREAS, the City obtained an administrative search warrant for the Subject Property on December 23, 2016; and WHEREAS, the City Building Official and the City Field Officer inspected the Subject Property on January 6, 2017 pursuant to the administrative search warrant; and WHEREAS, the City Building Official found the following conditions during the January 6, 2017 inspection: the landing at the top of the front exterior stairway did not have a ledger board attached to the house, the landing also has an unsafe guard and was inadequately supported, the raised wooden landing at the front of the house had rotting boards and had a guard that was not structurally sound, the front stairway guard rail was rotting and was not fully secured, no landing for the front patio door or guard rail to protect from falling from second story, no guard on a portion of the rear deck, rotting boards on the rear deck, no stairway to the deck with a ladder to access, exposed wood where deck on front of the house was removed, missing and deteriorated siding, holes in siding and exterior sheathing, the northwest corner of the roof had separated from the building leading to probable water intrusion into the interior of the building envelope and potential rodent and insect infestation into interior of the building, evidence of water intrusion from the attic/roof in bathroom and various parts of the house, unsafe light fixture installed at the basement stairs, and general condition of the interior was unsanitary including garbage strewn throughout the building, the bathroom sink and tub were filled with garbage; and WHEREAS, the City Building Official took photographs of the Subject Property during the January 6, 2017 inspection, as shown in Exhibit A; and WHEREAS, as a result of the January 6, 2017 inspection, the City Building Official declared the Subject Property unsafe and hazardous under Minn. Rules Chapter 1300.0180 and Minn. Stat. § 463.15 due to the multiple structural defects as well as the life -safety and health issues; and WHEREAS, the City Building Official sent an inspection letter report resulting from the January 6, 2017 inspection on February 13, 2017 to the Owner and the Occupant requiring abatement of the conditions identified by April 1, 2017, as shown in Exhibit B, however, the Owner and the Occupant did not respond to the letter report; and WHEREAS, the City Building Official sent the inspection letter report to the Owner and the Occupant again on March 2, 2017 requiring abatement of the conditions identified by April 17, 2017, however, the Owner and the Occupant did not respond to the letter report; and WHEREAS, the City Field Officer sent a letter to the Owner and the Occupant on June 12, 2017 regarding the inspection letter report and requiring a response by July 3, 2017, or a hazardous building action would be initiated by the City; and WHEREAS, the Owner and the Occupant did not respond to the June 12, 2017 letter; MT4l -1943- 502651v1 LBKMU200-202 WHEREAS, the Owner and the Occupant of the Subject Property have taken no steps to abate the hazardous conditions of the dwelling on the Subject Property; and WHEREAS, the City has communicated its intent to the Owner and the Occupant of the Subject Property that if they failed to comply with the applicable City and State building codes, the City would institute a hazardous building action; and WHEREAS, Minnesota Statutes, Section 463.161 authorizes the governing body of any city or town to order the owners of any hazardous building within the municipality to correct or remove the hazardous condition; and WHEREAS, Minnesota Statutes, Section 463.15, subdivision 3 defines a "hazardous building" as "any building..., which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or a hazard to public safety or health;" and WHEREAS, Minnesota Statutes, Section 463.161 et seg. authorizes a city to correct or remove a hazardous condition of any hazardous building 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; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as follows: 1. The dwelling located on the Subject Property is hazardous as defined by Minnesota Statutes, Section 463.15. 2. An Abatement Order substantially similar to that attached hereto as Exhibit C shall be served upon all parties with an interest or a purported interest in the Subject Property 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 and abate the hazardous conditions on the Subject Property by court order or consent and assess the costs thereof against the Subject Property. Adopted by the City Council this 11`h day of July, 2017. ATTEST: Catherine Pausche, City Clerk -1944- 502651v1 LBKMU200-202 Mark Wegscheid, Mayor EXHIBIT A June 24, 2015 Photos -19j4 - 502651 vi LBK MU200-202 January 6, 2017 Photos -194@- 502651v1 LBK MU200-202 January 6, 2017 Photos (continued) -1947- 502651v1 LBK MU200-202 104e11:��r:� • PH: 952472,0600- FA%: 952472-0620 • W W W.CnnOFMou N0.C6M Mailed First Class and Certified February 13, 2017 Ms. Chelsea Tangen Ms. Sandra Marie Stangland 4837 Bedford Rd. Mound, MN 55364 RE: 4837 Bedford Road, Mound; Ste Inspection—January 6, 2017 Dear Ms. Tangen and Ms. Stangland: On January 6, 2017, 1 conducted a site inspection of the property at 4837 Bedford Road, Mound. This Inspection was completed with the authontyofan administrative warrant. Thepurposeofthe inspection was to determine if there Is cause to deem the house as unsafe. Based on our findings, we have determined that the structure is unsafe. MN Rules Chapter 1300.0180 defines an unsafe structure as "A building or structure regulated by the code is unsafe, for purposes of this part, if it Is structurally unsafe, not provided with adequate egress, a fire hazard, or otherwise dangerous to human life." It further states "Ali unsafe buildings, structures, or appendages are public nuisances and must be abated by repair, rehabilitation, demolition, or removal according to Minnesota Statutes, Sections 463.15 to 463.26. In addition, the City of Mound has adopted and does enforce the 2000 International Property Maintenance Code (IIPMC). The following items have been found that are deemed unsafe andforare noncompliant with the 2000 IPMC: 1. Landing at top of front stairway: IPMC303.4 All structural members shod be maintained free from deterioration, ondsholl be capable of safely supporting the Imposed dead and live foods. a. No ledger board attached to house; b. Hangers supporting the landing joists appear to be only attached to the siding of the house c. Unsafe guard ' 1948- 502651v1 LBK MU200-202 2. Raised wooden walkway (landing) at house front: + IPMC Section 303.2 All exterior surfaces, Including but not limited to, doors, door and window frames, comites, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-reslstont woods, shall be protected from the elements and decay by painting or other protective covering or treatment. • IPMC Section 303.12 Every handrail and guardrail shall be flrmlyfastened and capable of supporting normally imposed loads and shall be maintained in good condition. • IPMCSection 303.10 Every exterior stairway, deck porch and balcony, and ail appurtenances attached thereto, shall be maintained structurally sound, In good repair, with proper anchorage and capable of supporting the Imposed foods. a. Boards are rotting b. Moss Is growing on the wooden boards indicating excessive moisture retention c. Guard does not appear to be structurally sound as the posts are rotting at the point of attachment to the platform d. The guard is missing at the end of the walkway e. find post that supports the platform Is not secured at ground level and can easily be moved out of position 3. Frontstairway: • 1PMC Section 303.12 Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads ondshall be maintained in good condition. • IPMC Section 303.2 All exterior surfaces, Including but not limited to, doors, door and windawfromes, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. • IPMCSection 303.10 Every exterlorstairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. a. Boards that compose the guard are rotting b. Top rail of guard in not fully secured and can easily be knocked loose 4. Front patio door: • MN Rules, Chapter 1300.0180 Unsafe Building or Structure: All unsafe buildings, structures, or appendages are public nuisances and must be abated by repair, rehabilitation, demolition, or removal according to Minnesota Statutes, Sections 463.15 to 463.26. a. No landing at the exterior b. No guard to protect from failing if the door Is opened c. Inadequate fall protection from Interior -1949- 502651vl LBK MU200-202 S. Rear Deck: • iPMCSection 303.12 Every handrail and guardraiishallbef6mlyfastened and capable of supporting normally imposed loads and shall be maintalned in goodcondition. • 1PMCSection 303.20 Every, exteriorstainvay, deck porch and Mcory, and all appurtenances attached thereto, shall be maintained structuraliysound, in goodrepair, with proper anchorage and capable of supporting the imposed loads. • IPMCSection 303.1 Ali extedorsurfaces, including but not limited to, doors, doorond window frames, cornices, porches, triny balconies, decks and fencessholibe molntained in goodcondition. Erteriorwoodsurfaces, other than decaV�msistant woods, sho(Ibe protected from the elements and decay by painting or other protective covering or treatment a. No Guard at the front side b. Guards at the ends do not appear structurally sound as they are deteriorated and falling away from the deck- No stairway to the deck— using a ladder for access c, The deck contains may rotting boards d. Uncertain as to the structural soundness of the deck e. Deck posts have been •ancored"to non -frost footings 6. Deck at front of house has been removed • 11,MCSection 303.1 Ail exferorsurfaces, including but not -Ilmited to, doors, door and window frames, carnkes, porches, trim, balconies, decks and fences sholl be maintained in good condition. Exterior woodsurfoces, other than decay-resistont woods, shall be protected from the elements and decay by palating or otherprotective covering w treatment. a. Exposed wood where deck was removed 7. Siding deterioration, delamination, and separation from building • IPMCSectton 303.1 All exterior surfaces, including but not limited to doors, door and window fromes, cornices, porches, trim, balconies, decks and fences shall be maintained in goodcondition. Exterior woodsurfaces, otherthan decoy -resistant woods, shall be protected from the elements and decay by pointing crother protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and mosonryjalms as well as those between the building envelope and the perimeter of windows, doors, andskylights shall be maintained weather resistant and water tight a. Missing and deteriorated siding b. Existing siding needs to be repainted B. Roles in siding and exterior sheathing—potential for insect infestation within wall cavities • IPMC Section 303.6Ag exterior walls shollbefreefrom holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. -1959- 502651vl LBK MU200-202 S. Northwest corner ofroof has separated from building: s IPMCSection 303,6 AIf exterior walls shall be free from holes, breaks, and loose or rotting materials, and maintained weatherproof and properly surface coated where required to prevent deterioration. a, Probable water intrusion into interior of building envelope b. Potential rodent and insect Infestation Into Interior of building 10. Evidence of water Intrusion from the attic/roof in bathroom and various parts of house (many stains on calling) ® IPMCSection 303.7 The roof andfloshfng shall be sound, tight, and not have defects that admit rain. 11. Unsafe light fixture installed at the basement stairs • IPMCSection 6043 Where it isfound that the electrical system in astructure constitutes a hazard to the occupants or the structure by reason of inadequate service, improperfusing, Insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar masons, the code official shall require the defects to be corrected to eliminate X68 hazard. 12. General condition of interior is considered unsanitary e IPMCSection 304.1 The Interior of a structure and equipment therein shall be maintained In good repair, structurally sound and in a sanitary condition. Occupants shall keep that port of the structure which they occupy or control in a clean and sanitary condition. a. Unclean messes in the kitchen and living room; garbage strewn about the home. b. Toilet appears to have been uncleaned for a long period of time c. Bathroom sink filled with garbage and is unusable d. Bathroom tub filled with garbage and is unusable Pursuant to MN Rules, Chapter 1349.0180 and the 2000 international Property Maintenance Code, Section 108, the property located at 4837Bedford Road, Mound, Is declared unsafe, It has been determined that the above-mentioned items need to be abated by repair, rehabilitation, demolition, or removal according to Minnesota Statutes, Sections 463.15 to 463.26. All above-mentioned items must be abated no later than April k 2017. Please note, required building permits should be obtained prior to the abatement of one through ten above. An electric permit is required for Item 11. Please feel free t0 contact me at 952.442-7520 should you have any questions about the above requirements. We look forward to working with you in the process of bringing your home into a safe condition. Sincerely, -� t Scott Qualle Building Official cc: City Property File -195,1- 502651 vl LBK MU200-202 Abatement Order STATE OF MINNNESOTA COUNTY OF HENNEPIN In the Matter of the Hazardous Building Located at 4837 Bedford Road, Mound, Minnesota DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Other Civil ORDER FOR ABATEMENT OF A HAZARDOUS BUILDING TO: All owners, all occupants, and all lienholders of record. The City Council of the City of Mound orders that within 20 days of service of this Order that you abate the hazardous conditions which exist on the property located at: 4837 Bedford Road, in the City of Mound, which property is legally described as: Lot 1, except the South 5 feet thereof; Lots 2 and 3, Block 23, "Wychwood'; situated in Hennepin County, Minnesota. The City of Mound, pursuant to Minnesota Statutes Sections 463.15 to 463.261, finds the building located at the above -referenced property constitutes a hazardous building within the meaning of Minnesota Statutes Section 463.15 subdivision 3, specifically due to the structural deficiencies and defects, the poor condition of the exterior, the substantial amount of garbage and debris throughout the interior, the water instruction throughout the interior, and the overall condition of the structure. Pursuant to the above -referenced statutes, it is hereby ORDERED that you abate the hazardous property conditions within 20 days of the date of service of this Order by either removing the structure or completing the following: 502651v1 LBK MU200-202 1. Obtain an assessment from a licensed structural engineer to determine what needs to be done to remedy the numerous structural deficiencies of the dwelling including but not limited to the front stairway, the rear deck, and the separation of the roof from the northwest corner of the building; 2. Obtain permits and begin work on needed structural repairs according to the structural engineer's assessment; 3. Install proper guardrails on all stairways and decks; 4. Replace all rotten boards on all stairways and decks; 5. Repair and/or replace all siding and exterior sheathing with holes; 6. Repair and/or replace missing and deteriorated siding; 7. Repaint existing siding that is in fair condition; 8. Make second -story patio door safe by either (a) installing a landing at the exterior, (b) installing a guard to protect from falling if the door is opened and providing adequate fall protection from the interior, or (c) removing the door and repairing the resulting hole; 9. Ensure roof and flashing are sound, tight, and have no defects to admit water intrusion into the dwelling; 10. Repair or remove unsafe light fixture installed at the basement stairs; 11. Remove all excess junk, garbage, and unnecessary articles from inside the dwelling; and 12. Clean and sanitize the dwelling. You must apply for and obtain any appropriate permit(s), if applicable, for the work you intend to perform from the appropriate City offices before abating the hazardous conditions. -195�- 502651v1 LBK MU200-202 This Order is not a permit. Further, all work completed is subject to inspection by the City's building inspector, Fire inspector, and other staff as required to ensure compliance with applicable rules and law. You are further advised that unless such corrective action is taken or an Answer is served on the City and filed with the Hennepin County District Court Administrator within 20 days of the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to 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 taking 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 July , 2017. KENNEDY & GRAVEN, CHARTERED In 502651v1 LBKMU200-202 Troy J. Gilchrist (#0228849) Elizabeth C. Brodeen-Kuo (#0391949) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 ATTORNEYS FOR THE CITY OF MOUND -1$,54- Real People. Real Solutions, June 30, 2017 City of Mound c/o: Mr. Eric Hoversten, City Manager 2415 Wilshire Boulevard Mound, MN 55364 RE: Status of Mr. Dan Faulkner, P.E. and City Engineer Honorable Mayor and City Council Members: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: [952) 448-8805 Bolton-Menk.com It is with both great personal joy for Dan and selfish, heavy heartedness that I write you this letter to inform you that Mr. Dan Faulkner will be retiring on July 14, 2017. It has been my true privilege to be a teammate of Dan's since we convinced him to join our Bolton & Menk team in March of 2005. Since February of 2006 (nearly 11-1/2 years), Dan has committed his passion and expertise to the City Council, staff and residents of Mound as your consulting City Engineer during which time the Mound team has accomplished many great things together based on the shared belief that people should live in safe, sustainable and beautiful communities. Upon Dan's retirement, Mr. Brian Simmons, P.E. will immediately be assuming Dan's role as your consulting City Engineer. This transition has been intentionally nurtured for the past several years, in anticipation of Dan's retirement, as Brian has taken on an increasingly major role in Mound issues and projects. It is also important for me to note that we are not requesting any changes to our current Engineering Services Agreement with Mound as related to rates or key Bolton & Menk staff beside the change noted above. As always, on behalf of Bolton & Menk, I thank the City Council and staff for both your leadership and the wonderful opportunities to serve you and the residents of the City of Mound. Please feel free to contact me with any questions you may have regarding the information contained herein and join me in congratulating Dan for a distinguished career in service of the public and wishing him well during his next phase of life in well-earned retirement! Respectfully Submitted, Bolton & Menk, Inc. Kreg J. Schmidt, P.E. Vice President Bolton A Menk i—