2022-01-25 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,
L quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community.
AGENDA
MOUND CITY COUNCIL
REGULAR MEETING
1. Opening meeting
2. Pledge of Allegiance
3. Approve agenda, with any amendments
TUESDAY, JANUARY 25, 2022 - 7:00 PM
MOUND CITY COUNCIL CHAMBERS
*Consent Agenda: Items listed under the Consent Agenda are considered routine in nature, have been evaluated by
staff, recommended by staff for approval by the Council, and will be enacted by a single roll call vote. There will be no
separate discussion of these items unless a Council Member or Citizen so requests. At this time, anyone present who
wishes to offer dissenting comment to any items on the Consent Agenda is invited to identify themselves and the item
of concern so that the it may be removed from the Consent Agenda and considered after discussion in normal sequence.
Separate introduction or further support from petitioners or requestors is not required at this time and removal of an
item from the Consent Agenda for this purpose is not required or appropriate.
4. *Consent Agenda Page
*A. Approve payment of claims 161-167
*B. Approve minutes: January 11, 2022 Regular Meeting 168-176
*C. Approve 1-4 Day Temporary On -Sale Liquor License for Our Lady of the 177
Lake's Keg & Cork Fundraiser on March 5, 2022
*D Approve Resolution No. 22-_ Approving Temporary Real Estate Sign for 178-182
Artessa Cooperative in Harbor District 179
5. Comments and suggestions from citizens present on any item not on the agenda.
(Limit to 3 minutes per speaker.)
6. Discussion and action to approve color samples for downtown paver sidewalk 183-200
replacement
7. Brian Farrell of Northland Real Estate Group requesting Council consideration of 201-218
revised purchase agreement terms for 3 City parcels adjacent to northeast shore 215
of Lake Langdon
8. Information/Miscellaneous
A. Comments/Reports from Council members
B. Reports: Fire - December 2021 219-220
PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
C. Minutes:
D. Correspondence:
9. Adjourn
COUNCIL BRIEFING
January 25, 2022
Council meetings are held in the City Council Chambers in the Centennial Building on the second and
fourth Tuesday each month at 7:00 PM with agendas and meeting details/locations posted to the City
website the Thursday prior under the "Mayor and Council' section of the "Government" tab of the
Home Page. Government I Mound, MN (citvofmound.com)
*** All Meetings At City Council Chambers, Centennial Building ***
Upcoming Events Schedule: Don't Forget!!
January 25 — 6:55 PM — HRA Regular Meeting (as may be required)
January 25 — 7:00 PM — City Council Regular Meeting
February 8 — 6:55 PM — HRA Regular Meeting (as may be required)
February 8 — 7:00 PM — City Council Regular Meeting
February 15 — 7:00 PM — Joint, Special Meeting Workshop of Planning Commission and Council
February 22 — 6:55 PM — HRA Regular Meeting (as may be required)
February 22 — 7:00 PM — City Council Regular Meeting
March 8 — 6:55 PM — HRA Regular Meeting (as may be required)
March 8 — 7:00 PM — City Council Regular Meeting
March 22 — 6:55 PM — HRA Regular Meeting (as may be required)
March 22 — 7:00 PM — City Council Regular Meeting
Events and Activities:
Subscribe to RAVE messaging tool for emergency notifications and updates
RAVE Emereencv Notifications I Mound, MN (citvofmound.com)
January 29 — Polar Plunge — Surfside Park and Beach
Polar Plunge I Home (plungemn.org)
March 25 — 31 — Westonka Public Schools Spring Break
City Offices:
City offices closed February 21 — Presidents' Day
City Official's Absences
Please notify the City Manager in advance of an absence.
Inquire in advance. please......
Council members are asked to call or email their questions in advance of a public meeting so that more
research may be done or additional information may be provided that will assist in your quality decision -
making.
2022 City of Mound Claims 1-25-22
YEAR BATCH NAME
DOLLAR AMOUNT
2021 2021AP-4 $ 8,143.90
2022
PAYREQ011122
$
40,235.88
2022
011322HWSMAN
$
24,111.40
2021 011922FI RE $ 6,755.69
TOTAL CLAIMS 11 $ 79,246.87
fin
Payments Batch 2021AP-4
CITY OF MOUND
Payments
Current Period: January 2022
$8,143.90
Refer 420 CARQUEST AUTO PARTS (FIRE) _
Cash Payment E 222-42260-409 Other Equipment Repair
HALOGEN HEADLIGHT- FIRE UNIT #26
Invoice 6974-434351 12232021
Cash Payment E 222-42260-409 Other Equipment Repair
2.5 GAL DEF FLUID- MAINTENANCE- FIRE
UNIT #44
Invoice 6974-433687 12/132021
Transaction Date 1/122022 Total
Refer 419 FIRS TNET _
Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC-XXX-0353 FIRE UNIT#39
FIRE CHIEF RESCUE UTILITY 11-26-21
THRU 12-25-21
Invoice 011222 12252020
Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC XXX-0545 FIRE #43
RESCUE TRUCK SVC 11-26-21 THRU 12-25-
21
Invoice 011222 12252020
Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC XXX-1887 FIRE LADDER
TRUCK #44 SVC 11-26-21 THRU 12-25-21
Invoice 011222 12252020
Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC XXX-1962 FIRE ENGINE #29
SVC 11-26-21 THRU 12-25-21
Invoice 011222 12252020
Cash Payment E 222-42260-321 Telephone, Cells, & Radi DATACARD SVC XXX-4845 FIRE UNIT #42
DUTY OFFICER SVC 11-26-21 THRU 12-25-21
Invoice 011222 12252020
Cash Payment E 222-42260-321 Telephone, Cells, & Radi CELLPHONE SVC XXX-0150- CHIEF G.
PEDERSON-11-26-21 THRU 12-25-21
Invoice 011222 12252020
Transaction Date 1/122022 Due 12/312021 Accounts Payable 20200 Tota
Refer 421 MARLIN S TRUCKING DELIVERY
Cash Payment E 609-49750-265 Freight
Invoice 37753 12/162021
Cash Payment E 609-49750-265 Freight
Invoice 37769 12232021
Cash Payment E 609-49750-265 Freight
Invoice 37784 12/302021
01/12/22 4:29 PM
Page 1
$4.29
$21.74
$26.03
$38.23
$38.23
$38.23
$38.23
$38.23
$53.66
$244.81
DELIVERY
SVC
12-16-21
$259.55
DELIVERY
SVC
12-23-21
$184.15
DELIVERY
SVC
12-30-21
$249.40
Transaction Date 1/122022 Due 12/312021 Accounts Payable 20200
Total $693.10
Refer 423 NORTHERN TOOL AND EQUIPMEN _
Cash Payment E 101-45200-404 Machinery/Equip Repairs COMPACT MAG TAPE BOG, WHEEL KIT-
NSTAR GENERATOR, SPOKES -PARKS DEPT
Invoice 195232 12202021
Cash Payment E 602-49450-220 Repair/Maint Supply AIR HAMMER W/ CHISEL SET- PUBLIC
WORKS
Invoice 4061194129 12/102021 Project 21-5
Transaction Date 1/122022 Due 12/312021 Accounts Payable 20200 Total
Refer 422 UHL COMPANY _
Cash Payment E 101-41930-400 Repairs & Maintenance PREPAID MAINTENANCE & REPAIR OF
HVAC CONTROL SYSTEM- PUBLIC SAFETY
BLDG - FIRE DEPT/CITY HALL
$369.97
$64.99
$434.96
$3,372.50
Invoice 65633 12/312021
f"64
CITY OF MOUND
Payments
Current Period: January 2022
Cash Payment E 222-42260-402 Building Maintenance PREPAID MAINTENANCE & REPAIR OF
HVAC CONTROL SYSTEM- PUBLIC SAFETY
BLDG - FIRE DEPT/CITY HALL
Invoice 65633 12/312021
Transaction Date 6202017 Due 12/312021 Accounts Payable 20200 Total
Fund Summary
222 AREA FIRE SERVICES
101 GENERAL FUND
222 AREA FIRE SERVICES
602 SEWER FUND
609 MUNICIPAL LIQUOR FUND
$26.03
$26.03
20200 Accounts Payable
$3,742.47
$3,617.31
$64.99
$693.10
$8,117.87
Pre -Written Checks $0.00
Checks to be Generated bythe Computer $8,143.90
Total $8,143.90
01/12/22 4:29 PM
Page 2
$3,372.50
$6.745.00
f"61
CITY OF MOUND
Payments
Current Period: January 2022
Payments Batch PAYREQ011122 $40,235.88
Refer 2 BITUMINOUS ROADWAYS
Cash Payment E 427-43121-500 Capital Outlay FA
Invoice 011122 1/112022
Transaction Date 1/122022
PAY REQUEST #2 2021 CENTENNIAL
PARKING LOT PROJ PW 21-09- WORK
COMPLETED NOVEMBER 17, 2021 THRU
JANUARY 4, 2022
Project PW2109
U.S. Bank 10100 10100 Total
Refer
3 DERAU CONSTRUCTION, LLC
_
Cash Payment
E 404-43100-500 Capital Outlay FA
2021 ENTRANCE MONUMENT PROJ - PAY
REQ #3 PW 21-13- WORK COMPLETED
OCTOBER 16, 2021 THRU NOVEMBER 30,
2021
Invoice 011122
1/112022
Project PW2113
Transaction Date
1/122022
U.S. Bank 10100 10100 Total
Fund Summary
10100 U.S. Bank 10100
404 COMMUNITY INVESTMENT RESERVE $33,471.11
427 STREET MAINTENANCE $6,764.77
$40,235.88
Pre -Written Checks $0.00
Checks to be Generated by the Computer $40,235.88
Total $40,235.88
01/12/22 1:43 PM
Page 1
$6,764.77
$6,764.77
$33,471.11
$33,471.11
`16*1
CITY OF MOUND
Payments
Current Period: January 2022
Payments Batch 011322HWSMAN $24,111.40
Refer 300 ARTISAN BEER COMPANY
Cash Payment E 609-49750-252 Beer For Resale
Invoice 3515039 1/62022
Cash Payment E 609-49750-252 Beer For Resale
Invoice 323144 12202021
Cash Payment E 609-49750-252 Beer For Resale
Invoice 323143 12202021
Transaction Date 1/122022
BEER
BEER CREDIT
BEER CREDIT
U.S. Bank 10100 10100
Refer 301 BREAKTHRU BEVERAGE MN WINE _
AP Payment E 609-49750-253 Wine For Resale WINE
Invoice 342480910 1/52022
AP Payment E 609-49750-251 Liquor For Resale LIQUOR
Invoice 342480911 1/52022
Transaction Date 1/122022 U.S. Bank 10100 10100
Refer
302 BROKEN CLOCK BREWING COOP _
Cash Payment
E 609-49750-252 Beer For Resale BEER
Invoice 5951
1/52022
Transaction Date
1/122022 U.S. Bank 10100 10100
Refer 303 INBOUND BREWCO
Cash Payment E 609-49750-252 Beer For Resale
Invoice 12815 1172022
Transaction Date 1/122022
BEER
U.S. Bank 10100 10100
Refer 304 JJ TAYLOR. DISTRIBUTING MINN _
AP Payment E 609-49750-252 Beer For Resale BEER
Invoice 3254136 1/62022
AP Payment E 609-49750-252 Beer For Resale BEER
Invoice 3254137 1/62022
Transaction Date 1/122022 U.S. Bank 10100 10100
Refer
305 JOHNSON BROTHERS LIQUOR
_
Cash Payment
E 609-49750-251 Liquor For Resale
LIQUOR
Invoice 1967900
1/62022
Cash Payment
E 609-49750-253 Wine For Resale
WINE
Invoice 1967901
1/62022
Cash Payment
E 609-49750-251 Liquor For Resale
LIQUOR
Invoice 1967902
1/62022
Cash Payment
E 609-49750-253 Wine For Resale
WINE
Invoice 1967903
1/62022
Transaction Date
1/122022
U.S. Bank 10100 10100
Refer
306 PEQUOD DISTRIBUTION _
Cash Payment
E 609-49750-252 Beer For Resale BEER
Invoice 131534
1/62022
Transaction Date
1/122022 U.S. Bank 10100 10100
01/12/22 2:05 PM
Page 1
$977.75
-$176.81
-$153.74
Total $647.20
$2,820.00
$2,680.44
Total $5,500.44
$278.00
Total $278.00
$348.00
Total
Total
Total
$348.00
$4,047.95
$33.85
$4.081.80
$1,603.08
$1,997.60
$484.00
$330.80
$4,415.48
$446.00
Total $446.00
Refer 307 PHILLIPS WINE AND SPIRITS, INC _
AP Payment E 609-49750-253 Wine For Resale WINE $294.00
Invoice 6330798 1/62022
AP Payment E 609-49750-251 Liquor For Resale LIQUOR $3,922.30
Invoice 6330797 1/62022 165
CITY OF MOUND
Payments
Current Period: January 2022
AP Payment E 609-49750-253 Wine For Resale WINE
Invoice 6330799 1/62022
Transaction Date 1/122022 U.S. Bank 10100 10100
Refer 308 PRYES BREWING COMPANY, LLC _
AP Payment E 609-49750-252 Beer For Resale BEER
Invoice 31512 1/62022
Transaction Date 1/122022 U.S. Bank 10100 10100
Refer
309 SHAMROCK GROUP, INC.
AP Payment
E 609-49750-254 Soft Drinks/Mix For Resa MIX
Invoice 2716796
1/52022
Transaction Date
1/122022 U.S. Bank 10100 10100
Refer
310 SOUTHERN WINE & SPIRITS OF M
_
AP Payment
E 609-49750-253 Wine For Resale
WINE
Invoice 2165363
1/62022
AP Payment
E 609-49750-251 Liquor For Resale
LIQUOR
Invoice 2165362
1/62022
AP Payment
E 609-49750-253 Wine For Resale
WINE
Invoice 2165361
1/62022
AP Payment
E 609-49750-253 Wine For Resale
WINE
Invoice 2165359
1/62022
AP Payment
E 609-49750-251 Liquor For Resale
LIQUOR
Invoice 2165360
1/62022
Transaction Date
1/122022
U.S. Bank 10100 10100
Refer
311 WINE COMPANY
_
AP Payment
E 609-49750-253 Wine For Resale
WINE
Invoice 193636
1/62022
AP Payment
E 609-49750-265 Freight
FREIGHT
Invoice 193636
1/62022
Transaction Date
1/122022
U.S. Bank 10100 10100
Refer
312 WINE MERCHANTS _
AP Payment
E 609-49750-253 Wine For Resale WINE
Invoice 7363608
1/62022
Transaction Date
1/122022 U.S. Bank 10100 10100
Fund Summary
10100 U.S. Bank 10100
609 MUNICIPAL LIQUOR FUND $24,111.40
$24,111.40
Pre -Written Checks $0.00
Checks to be Generated bythe Computer $24,111.40
Total $24,111.40
Total
Total
Total
01/12/22 2:05 PM
Page 2
$72.00
$4,288.30
$134.00
$134.00
$339.60
$339.60
$706.00
$1,412.00
$328.00
$36.00
$378.18
Total $2,860.18
$432.00
$8.40
Total $440.40
$332.00
Total $332.00
CITY OF MOUND
Payments
Current Period: Closing 2021
Payments Batch 011922FIRE $6,755.69
Refer 1 SAFETY VEHICLE SOLUTIONS _
Cash Payment E 222-42260-500 Capital Outlay FA
Invoice 2140
Transaction Date 12/312021
INSTALLATION OF SIREN AND LIGHTS FOR
2021 CHEVY TAHOE FIRE VEHICLE #47
U.S. Bank 10100 10100 Total
Refer 2 BLACKSTONE, JOE _
Cash Payment E 222-42260-409 Other Equipment Repair CHAINS FOR CHAINSAW-REIMBURSEMENT
TO FIREFIGHTER WHO PURCHASED ON
BEHALF OF FIRE DEPARTMENT
Invoice
Transaction Date 12/312021 U.S. Bank 10100 10100 Total
Fund Summary
222 AREA FIRE SERVICES
10100 U.S. Bank 10100
$6,755.69
$6,755.69
Pre -Written Checks $0.00
Checks to be Generated by the Computer $6,755.69
Total $6,755.69
01/19/22 4:16 PM
Page 1
$6,661.09
$6,661.09
$94.60
$94.60
167
MOUND CITY COUNCIL MINUTES
January 11, 2022
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, January 11, 2022 at 7:00 p.m. in the Council Chambers in the Centennial Building.
Members present: Mayor Ray Salazar; Council members Phil Velsor, Paula Larson, Sherrie
Pugh, and Jason Holt
Members absent: None
Others present: City Manager Eric Hoversten, Administrative Services Director Catherine
Pausche, City Engineer Brian Simmons, Orono Police Sergeant Tim Sonnek, Jeff Wrede, Jason
Zattler, Michelle Herrick, Mary Davis
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
Councilmember or citizen so requests, in which event it will be removed from the Consent
Agenda and considered in normal sequence.
1. Open meeting
Mayor Salazar called the meeting to order at 7:00 p.m.
2. Pledae of Alleaiance
3. Approve agenda
MOTION by Larson, seconded by Velsor, to approve the agenda. All voted in favor. Motion
carried.
4. Consent agenda
MOTION by Velsor, seconded by Larson, to approve the consent agenda. Upon roll call vote,
all voted in favor. Motion carried.
A. Approve payment of claims in the amount of $652,483.72.
B. Approve minutes: 12-14-21 regular meeting
C. RESOLUTION NO. 22-01: RESOLUTION APPOINTING PAULA LARSON AS
ACTING MAYOR FOR 2022
D. RESOLUTION NO. 22-02: RESOLUTION APPOINTING CITY COUNCIL MEMBERS
AS REPRESENTATIVES OF THE CITY COUNCIL TO COMMITTEES AND
COMMISSIONS FOR 2022
E. RESOLUTION NO. 22-03: RESOLUTION APPOINTING CATHERINE PAUSCHE AS
THE ACTING CITY MANAGER FOR 2022
F. RESOLUTION NO. 22-04: RESOLUTION APPOINTING FIELD OFFICER ANDREW
DRILLING AS ASSISTANT WEED INSPECTOR FOR 2022
Mound City Council Minutes — January 11, 2022
G. RESOLUTION NO. 22-05: RESOLUTION APPROVING THE PURCHASE OF
BONDING AS PROVIDED UNDER MINNESOTA STATE STATUTE 412.111
H. RESOLUTION NO. 22-06: RESOLUTION DISGNATING THE OFFICIAL
DEPOSITORIES FOR 2022
I. RESOLUTION NO. 22-07: RESOLUTION DESIGNATING THE LAKER AS THE
OFFICIAL NEWSPAPER FOR 2022
J. Approve request for commercial kennel license for Mound Emergency Management
Division, waiving the fee
K. RESOLUTION NO. 22-08: RESOLUTION MAKING SELECTION NOT TO WAIVE
THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PURPOSES
L. RESOLUTION NO. 22-09: RESOLUTION RECOMMENDING CONTINUATION OF
CDBG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK (WeCAN)
M. RESOLUTION NO. 22-10: RESOLUTION EXPRESSING SUPPORT FOR CDBG
FUNDING OF SENIOR COMMUNITY SERVICES
N. Approve Hennepin County Assessor Open Book Meeting for Tuesday,
April 26, 2022 from 8:00 a.m. to 4:30 pm
O. Approve Special Meeting Workshops/Regular Schedule Changes in 2022
1) Schedule February 15, 2022 7:00 pm - Concurrent Planning Commission & City
Council
2) Schedule April 19, 2022 6:30 PM Department Head Annual Reports to Council
3) Cancel August 9, 2022 City Council Regular Meeting due to primary election
and reschedule to Wednesday, August 10, 2022
4) Schedule October 18, 2022 Special — 2023 Budget and Long Term Financial Plan
5) Cancel November 8, 2022 City Council Regular Meeting due to general election
and reschedule to Wednesday, November 9, 2022
6) Cancel December 27, 2022 City Council Regular Meeting due to Christmas
Holiday
P. Approve pay request #2 in the amount of $6,764.77 to Bituminous Roadways for the
2021 Pavements Improvement Project PW 21-09
Q. RESOLUTION NO. 22-11 RESOLUTION APPROVING AMENDMENTS TO 2040
COMPREHENSIVE PLAN TO REGUIDE PROPERTIES AT 5084 AND 5098 THREE
POINTS BOULEVARD FROM MEDIUM DENSITY RESIDENTIAL TO MIXED USE
AND PUTTING THE COMPREHENSIVE PLAN AMENDMENT INTO EFFECT
R. APPROVE ORDINANCE NO.01-2022 AMENDING DIVISION 2 OF CHAPTER 129
(ZONING ORDINANCE) PERTAINING TO ALLOWABLE USES AND
ESTABLISHMENT OF C-1 GENERAL COMMERCIAL DISTRICT
K
169
Mound City Council Minutes — January 11, 2022
S. RESOLUTION NO. 22-12 AUTHORIZING PUBLICATION OF AN ORDINANCE BY
TITLE AND SUMMARY, AS IT RELATES TO ALLOWABLE USES AND
ESTABLISHMENT OF C-1 GENERAL COMMERCIAL DISTRICT
T. APPROVE ORDINANCE NO.02-2022 AMENDING THE CITY OF MOUND OFFICIAL
ZONING MAP TO CHANGE THE ZONING DISTRICT TO C-1 GENERAL
COMMERCIAL DISTRICT FOR A NUMBER OF PROPERTIES
U. RESOLUTION NO. 22-13 AUTHORIZING PUBLICATION OF AN ORDINANCE BY
TITLE AND SUMMARY, TO CHANGE THE ZONING DISTRICT TO C-1 GENERAL
COMMERCIAL DISTRICT FOR A NUMBER OF PROPERTIES
5. Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
6. Orono Police Sergeant Tim Sonnek presenting the Mound December 2021 activity report
Sergeant Sonnek said there were 334 cases in December for Mound versus 290 in 2020, with
the most frequent calls including 48 medicals, 78 parking violations and 15 welfare checks.
Sonnek said a mental health social worker was hired but then accepted another position, as did
the two alternates. Sonnek said the new estimate is it will to take three months to fill and noted
COVID is impacting staffing levels so things are busy.
Holt said a friend in Minneapolis witnessed a car jacking on Christmas and was told only four
squads were working on Christmas Day. Sonnek heard that five were working in that area
which compares to five in the Orono Police Department on many shifts.
Salazar noted this is an opportunity to educate vehicle owners to lock their vehicles, take
remote openers indoors, and if it is a button or OnStar, lock the garage door if vehicle is left
outside.
Salazar noted he and the City Manager attended a Mayors meeting with the County that lasted
over three hours and the take away was that too often it is catch and release with youth
offenders that are stealing cars with multiple offenses but there are currently gaps in the system
that delay prosecution. Salazar said it is not the Police's fault but he feels there needs to be
more consequences and prevention. Salazar thanked the Police metro -wide for their efforts.
Pugh commented that while Mound doesn't experience all of Minneapolis issues, we do need to
address problems at home as things like drug dealing does happen. Sonnek agreed.
7. Discussion to consider and approve a resolution approving unsolicited Purchase Agreement to
convey three City parcels
Hoversten said tonight's action is consideration of a purchase agreement from a developer
interested in developing the northeast corner of Lake Landon, which involves the purchase of
parcels from one private owner with an interest in purchasing three fragment parcels owned by
the City.
Hoversten noted this area was included in the City Visions plan created in 1999 which had an
aspiration to develop the area noting tonight's resolution is not to discern the proposed
170
Mound City Council Minutes — January 11, 2022
development, but whether the City is willing to dispose of these properties to a known
prospective development and whether the Council feels the offer is reasonable.
Hoversten analyzed the $50,000 cash offer for the combined three parcels noting that they have
not been professionally appraised due to previous lack of interest. Hoversten said staff used
Hennepin County Property Information to develop a range of values per square foot based on
the other parcels on the tax roll. Hoversten said the County increased the appraised value
significantly in recent years which may be motivating the seller to dispose. Hoversten said the
low end is $0.80 per square foot equal to $15K, the average of $2.00 square foot equal to
$30,000, and the high end being the 2021 valuation of $4.95 per square foot equal to $82,000.
Hoversten said the parcels have no real value unless they are combined to create a project
noting the condition of the land does not suggest it is buildable leading staff to conclude the
offer is reasonable. Hoversten said the parcels are not in a TIF district so the value is in
returning them to the tax rolls into perpetuity.
Hoversten said the Planning Commission should be allowed its procedural space to evaluate
the proposed project, but he is here to answer any questions on the valuation or process to
dispose of land.
Holt agreed it is a separate issue, but asked if the sale is required to have the project move
forward. Hoversten said they would likely have to modify their site plan if the parcels are not
acquired. Holt asked how we got these parcels originally and Hoversten said the City is not in
possession of the title and a title search will be performed to answer that question. Hoversten
said in the 1960's the state offered all sorts of parcels to cities for conservation, etc., noting that
any conditions on the deed were waived in the last few years. Holt said he just wanted to
confirm we did not pay for the parcels and asked if the offer price is public, which Hoversten
said not at this time but the listing price suggests why the Hennepin County Assessors
increased the value. Holt asked what the tax value will be and Hoversten suggested looking at
the total improvement which could be $30 - $40 million.
Hoversten cautioned the decisions should be made on the benefit to the community and that the
tax value improvement is secondary. Velsor noted this is one of the last developable areas of
our community to create this level of tax value. Salazar noted there is a lack of quality rental
options with amenities people desire and this is an option to fill a gap in the life -cycle housing
spectrum.
Pugh said she is concerned about process and getting ahead of the Planning Commission and
asked if this is normal. Hoversten said in order to make application they have to have secured
the parcels/site control so the agreement has the appropriate contingencies that does not
guarantee approval of the project, but allows them to meet the threshold of site control to submit
an application.
Pugh asked about whether the three parcels impact the existing development abutting
Commerce Boulevard. Hoversten said these three parcels are all beyond the wood line.
Hoversten said the private property owner who held a substantial portion of all the parcels has
apparently decided to break them up. Hoversten said this is based on the fact there has been
many changes in ownership that have created established businesses committed to maintaining
the existing buildings.
171
Mound City Council Minutes — January 11, 2022
Hoversten said the decision is whether to participate in the conditional purchase agreement and
whether the Council feels the offer is reasonable.
Velsor asked about the other parcels, and Hoversten said there are two right of ways that they
have asked to be vacated, noting the Council will act on that separately. Hoversten said there
is a path for all of the requested approvals, noting vacations are typically part of the
development application process.
Holt asked to clarify the disposition of the drive aisle between the chiropractor and OLL.
Hoversten said it is privately owned and not part of this application. Hoversten showed the two -
public right of way access points, cautioning the Council not to get into the practical details and
leave it to the developer to show alternatives during the planning application process.
Larson said she feels the City is jumping the gun based on past policy and feels there are three
ways to come up with the valuation, including Hennepin County valuation comparative, bank
mortgage appraisal, and paying a professional appraiser to value it. Larson said she does not
understand the City's hesitancy to spend the money to do an appraisal.
Larson noted the recent sales of City owned property in other locations where there was a letter
of request which prompted the City to notify abutting properties to give them the opportunity to
bid on the adjacent properties. Larson said in this case the other abutting owner is Our Lady of
the Lake and asked why they weren't given the opportunity to bid.
Hoversten said Admin Policy 010 defines the procedures on disposals and directs staff to
evaluate the merits of an offer and make a recommendation to Council on the benefit to the tax
payers noting that facilitating redevelopment in the downtown can justify the modified approach.
Velsor said when he served on the Planning Commission there were many instances where city
disposed of public lands.
Hoversten noted the three parcels are specifically identified in the Comprehensive Plan for the
redevelopment track. Pausche gave background on the TIF district and how these were
knocked down (removed) due to the Five Year Rule and lack of activity. Pausche noted
consultant fees for appraising land can add up and noted during the Harbor District RFQ/I
process the professional would not recommend an appraisal until the use/project was known.
Larson asked for this sale to be treated the same as tax forfeit and offered to abutting property
owners so that we don't give preferential treatment to developers that we would not give to our
residents. Larson also noted that she did not receive the Planning Commission notices even
though she owns commercial and residential property in the area.
Mayor Salazar invited public comment.
Jason Zattler, owner of Wiser Insurance Agency at 2345 Commerce Boulevard, said he is not
against apartments, just the location of these apartments. Zattler asked if any private
conversations were held with the developer. Hoversten said the Development Committee
consisting of Mayor Salazar and Phil Velsor did meet with them. Zattler asked if that was
recorded and or a public meeting to which Hoversten noted there wasn't a quorum of the
Council present so it was not. Zattler asked about the progression of the approvals and noted
the Met Council and County have not signed off.
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Mound City Council Minutes — January 11, 2022
Hoversten said it is no different then when Zattler asked what the bank building could be used
for. Hoversten said Zattler did not meet with the Development Committee because he did not
take the next step of a proposed project. Zattler asked what the role of the Planning
Commission is for and Hoversten said the Development Committee is a non -decision -making
body to give feedback to prospective developers.
Zattler said his concern is the placement of a 104-unit apartment building on low-lying land and
the other concerns outlined in an email he sent to the City Council. Salazar said he respects
the role of the Planning Commission to vet the proposed project and this is not intended to
preempt the concept without that review, noting the Planning Commission gave a long list of
items to be addressed, including access. Salazar said this is just to give the applicant standing
to propose the project without guarantee of approval. Salazar said he does not feel it would be
appropriate to throw in the towel at this point without the proper vetting. Salazar encouraged
Zattler to continue to express his concerns to the decision makers, including the Planning
Commission.
Salazar noted the Council listened to the citizens and did not approve an apartment
development at Commerce Place which will now remain commercial under the new owner
Zattler said his main concerns are snow plowing, parking, congestion, and safety, including the
school buses that transport children. Zattler said the existing owners abutting Commerce are all
united in being against the project and will reevaluate the shared parking agreement with the
City if this project goes forward.
Michelle Herrick, 2630 Westedge Boulevard, said this is a resolution to approve an unsolicited
purchase agreement and she disagrees with Staff's assessment that the City should take
responsibility to get all usable and unusable parcels evaluated and appraised.
Mary Davis, 3021 Inverness Lane, said Our Lady of the Lake was forced to build on Commerce
and not near the lake because of the land. Davis noted that the Grace Family Center also had
issues with the Watershed District. Davis said Our Lady of the Lake was not aware of the sale.
Davis asked for the Mayor to clarify the comment on the 60-day deadline.
Hoversten said the City has a 60-day deadline to act on a complete application but has the
option to extend another 60 days, otherwise if no action or specification of action items are
given to developer, the application is approved by default, per statute.
Davis asked whether the parcels would ever be sold for another purpose like a walkway or trail.
Hoversten said these particular parcels were consistently identified for redevelopment in the
Comprehensive Plans of the last 20 — 30 years. Davis said it was a surprise that these parcels
were going to be offered and people wonder why the City isn't focused on other more pertinent
needs, like the Williams building. Davis said she is not against apartment buildings but just not
on the corner by Our Lady of the Lake. Holt suggested Davis watch previous Council meetings
on discussions on the Williams Store for which there has been much discussion and action.
Holt said the resolution before the Council is a City agreement to sell the parcels for $50K if the
applications are approved and asked what would happen if we tabled the action and did
nothing. Hoversten said the City would have to figure out the process to consent to the
applications or the applicant would have to revise their plans to not include the parcels. Velsor
said this is an opportunity to get something for nothing.
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Mound City Council Minutes — January 11, 2022
Jason Zattler, 2345 Commerce Boulevard, asked whether approving this resolution essentially
approves the project. Hoversten said no, it is just to give them standing on the land to work
through the planning application process. Zattler said if it is not sold, then they would have to
come back with 90 units which was projected in the Comprehensive Plan.
Larson said she strongly suggests that the parcels be offered the same way other city -owned
non -conforming parcels are, including being offered to abutting property owners with a sealed
bid process in fairness to the other constituents whose offers are put through a bidding process
with the other abutters. Hoversten said the policy allows for this approach and this does not set
a precedence. Velsor said any buyer would have to purchase the Meisel property to make the
sale makes sense for the City.
Pugh asked Larson to clarify if she feels abutting property owners should be able to purchase
the parcels without a plan to develop the lot and Larson said yes. Salazar said the only reason
the City would consider selling the parcels is for a project.
Zattler asked why the Commerce Boulevard property owners were not given the right to
purchase the parcels for snow storage. Hoversten said the City's role, as stewards of public
lands, is to determine the best and highest value, particularly in a redevelopment district.
MOTION by Velsor, seconded by Salazar, to approve the following resolution. The following
voted in favor: Salazar and Velsor, the following voted against: Larson and Holt. The following
abstained: Pugh. Motion failed.
8. City Engineer Brian Simmons presenting discussion and action to approve of Pay item
#3 in the amount of $33,471.11 to Derau Construction for the 2021 City Monumentation
Project PW 21-13
Simmons said this item was not put on the consent agenda in order to give an update on the
outstanding items, noting that this is not the final payment. Simmons noted there was a change order
due to the need to relocate smaller utilities present that were not permitted to be where they were, so
restitution will be pursued at a later date. Hoversten noted the original design called for reuse of the
existing electricity that ended up having to be upgraded. Simmons said both issues caused an $8K
overage for a total construction cost estimated at $79K and that a portion should be recovered by the
utilities. Simmons said this is an opportunity to weigh in on quality of work and whether the Council
feels the invoice should be paid.
Velsor asked how long the retainage will be held and noted that the change order #2 to replace the
conduit and cables seemed steep. Simmons said part of the overrun is duplicate staging costs due to
the presence of unforeseen utilities and separately contracting the electrical would have created a
third staging fee further increasing the total cost.
Velsor asked that the in -ground lighting be adjusted to improve the monument's back -lit lighting.
Salazar noted they were originally pointed down and he adjusted them up and Velsor noted that the
ground landscape may ultimately dim the lights as well. Larson said she has had heard many
complements and Velsor said he is excited for spring when the plantings bloom. Holt asked if the cap
was repaired and Simmons said yes and confirmed the six-foot trees are per contract and more could
be added in the future taking into consideration the underground utilities.
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Mound City Council Minutes — January 11, 2022
MOTION by Velsor, seconded by Pugh, to approve the Pay Item #3 in the amount of
$33,471.11 to Derau Construction. All voted in favor. Motion carried.
9. Approve application for DNR "Protect Forests by Managing Ash for EAB" Grants
Hoversten gave an overview of the Emerald Ash Borer (EAB) infestation, noting that it only affects Ash
trees and EAB presence in Mound has been confirmed. Hoversten said there are treatment options,
including a biocontrol solution where a small wasp species is cultivated that preys on the flying phase
of the beetle (May —September). Hoversten stated EAB has been confirmed in areas including Three
Points, Grandview, Tonkawood, Westedge and the Island. Hoversten added once an area is infested
the influence area is a 10-mile radius. Hoversten said a public entity like Mound should start with a
tree survey and drafting a forestry management plan that includes a specific EAB response action.
Hoversten said impacted trees can be saved early on, but otherwise the decision is to remove or allow
the trees to die and drop in place. Hoversten said removal is not recommended during the flying phase
and the Department of Agriculture is also not recommending eradication and recommends replacing
lost trees with diverse tree species.
Hoversten said a no -match grant application has been offered by the DNR and the requested action is
whether the City Staff should pursue the grant, noting it is a long shot in light of the typical
environmental scoring factors. Hoversten said the grant can pay for the tree survey, drafting of a
forestry management plan and potential tree removal and/or replanting.
Pugh asked if the grant will allow the City to pay people to evaluate the trees and Hoversten said it
would be to pay a vendor to do the evaluation. Pugh suggested the contractor should have to partner
with an intergenerational educational group to learn to do the work. Hoversten said the grant
application requires a certain level of expertise.
MOTION by Larson, seconded by Pugh, to direct Staff to proceed with applying for the DNR
grant. All voted in favor. Motion carried.
10. Action on a sixth amendment to employment agreement with City Manager Eric Hoversten
Salazar summarized the actions taken at the December meeting based on the performance
evaluation completed at that time.
MOTION by Velsor, seconded by Pugh, to approve the sixth amendment to the employment
agreement with City Manager Eric Hoversten. The following voted in favor: Salazar, Velsor,
Pugh. The following voted against: Larson, Holt. Motion carried.
11. Information/Miscellaneous
A. Comments/reports from Council members/City Manager:
Hoversten noted the special meetings approved in the Consent Agenda, including one on
February 15`h and noted all meetings are scheduled to take place in Council Chambers.
Hoversten noted Saturday, January 29`h is the Polar Plunge at Surfside Park & Beach and that
City Hall will be closed for the MLK Holiday on Monday, January 17`h
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Mound City Council Minutes — January 11, 2022
Larson commented on the Fire Department's response to back to back mutual aid fire calls and
wanted to thank them for the fabulous job.
Velsor thanked Hoversten for keeping the Council updated as requested.
B. Reports: Finance Department — December 2021
Liquor Store — December 2021
C. Minutes: Planning Commission: 11-16-21
D. Correspondence:
12. Adjourn
MOTION by Velsor, seconded by Holt, to adjourn at 9:45 p.m. All voted in favor. Motion
carried.
Attest: Kevin Kelly, Clerk
Mayor Raymond J. Salazar
01
176
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
445 Minnesota Street, Suite 1600, St. Paul, MN 55101
651-201-7507 Fax 651-297-5259 TTY 651-282-6555
APPLICATION AND PERMIT FOR A 1 DAY
TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE
Name of organization Date organized Tax exempt number
Our Lady of the Lake Church Jan 1, 1909 8382779
Address City State Zip Code
2385 Commerce Blvd. Mound Minnesota 55364
Name of person making application
Rhonda M. Eurich, Administrator
Date(s) of event
Organization officer's name
Fr. Peter Richards
Business phone Home phone
952-472-8201 612-269-4617
Type of organization ❑ Microdistillery ❑ Small Brewer
❑ Club ❑ Charitable ❑X Religious ❑ Other non-profit
City State Zip Code
Mound Minnesota 55364
Organization officer's name City State Zip Code
Minnesota
Organization officer's name City State Zip Code
CMinnesota
Location where ermit will be used. If an outdoo area, describe.
If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service.
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APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT
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City or County approving the license Date Approved
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Fee Amount
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Signature City Clerk or County Official
Permit Date
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Please Print Name of City Clerk or County Official
CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event.
ONE SUBMISSION PER EMAIL, APPLICATION ONLY.
PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY
PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY
CITY/COUNTY TO AGE.TEMPORARYAPPLICA STATE.MN.US
2415 Wilshire Boulevard
Mound, MN 55364
(952)472-0604
Memorandum
To: Honorable Mayor and City Council
From: Sarah Smith, Comm. Dev. Director
Date: January 20, 2022
Re: January 25, 2022 City Council Meeting — Consent Agenda Item for Temporary
Real Estate Promotional Sign for Artessa Cooperative
Summary
A temporary real estate sign request was submitted on behalf of Lifestyle Communities, LLC,
to install a temporary real estate promotional sign for the Artessa Cooperative site in the
Harbor District.
The proposed temporary sign meets the requirements included in City Code Chapter 119-4 (i)
(2), including, but not limited to, square footage and height. However, the temporary sign
requires Council approval prior to installation.
Requested Action. A resolution approving the temporary real estate sign has been prepared
for Council consideration. Staff recommends approval.
178
CITY OF MOUND
RESOLUTION NO. 22-
RESOLUTION APPROVING TEMPORARY REAL ESTATE PROMOTIONAL SIGN FOR
ARTESSA COOPERATIVE IN HARBOR DISTRICT
WHEREAS, a request was submitted on behalf of Lifestyle Communities, LLC, to
install a temporary real estate promotional sign in the Harbor District for the Artessa
Cooperative project that has been approved by the City of Mound; and
WHEREAS, based on Staff review, the proposed temporary real estate promotional
sign request is conforming to the regulations in City Code Sec. 119-4 (i) (2); and
WHEREAS, Staff recommends Council approval.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Mound
does hereby approve the submitted request for a temporary real estate promotional sign,
recommend as recommended by Staff, subject to the following condition:
The recitals set forth above are incorporated into this Resolution.
Passed by the City Council this 25th day of January, 2022.
Attest: Kevin Kelly
Mayor Raymond J. Salazar
179
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3 Year Project Phasing
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• Allows multiple shades on same panel
• Most difficult to repeat
• Chipping / damage reveals gray beneath
• —50 year life expectancy
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recommended for consistency
between projects
• Brick pattern provides best
transition
• Combinations with colors or
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Design Input
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• Is more information needed/time to consider
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selected, then direction to staff would be invited
• We will keep working on plans/specs
• We will return with an updated estimate prior to solicitation for bids
• Other questions or concerns?
Are there any other ways that we can add value/continue placemaking that you would
like us to consider?
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SLN & MEK
Real People. Real Solutions.
Downtown Paver Sidewalks
January 2022
CITY OF MOUND — CITY MANAGER
2415 Wilshire Blvd
Mound, MN 55364
TO: Honorable Mayor and City Council
FROM: Eric Hoversten, City Manager and Director of Public Works
DATE: January 20, 2022
SUBJECT: Unsolicited Purchase Request for 3 City Parcels
PIDs: 1411724440062,1411724440056,1411724440057
LOCATION: Northwest Shoreline of Langdon Lake (graphic included)
REQUEST: Consider Purchase Agreement proposed by potential land developer
BACKGROUND:
The City has received a revised set of terms to the formal offer to purchase the several
narrow parcels on either end of the private property at the northeast corner of Langdon
under development proposal by Northland Real Estate Group, LLC (the Offerer). The
revised terms modify the purchase price to be the "Appraised Value". Under the revised
terms the appraised Value
shall mean the fair market value of the Property in its as -is condition (including the
current condition of access to the Property and developability of the Property without
being part of any potential development on adjacent properties) as determined by an
independent third -party appraiser.
Seller (City) would pay for the appraisal, our own legal fees, Title Commitments for use
at Closing, and one half of the closing fee charged by the Title Company. The agreement
includes a due diligence period for the Offerer through October 31, 2022 and would
expire at that time.
The City Attorneys have reviewed the draft agreement and find it legally sufficient and
suitable to manage any foreseen City risks.
The offer remains contingent as defined in Article 3 of the Purchase Agreement
summarized here: the Offerer completing the purchase of the specified adjacent lands,
determination of acceptable Title, acceptance of Seller (City) Closing documents (Title
Commitments), obtaining city and agency approvals for the proposed project, and
approval of project financing. These conditions leave that the Purchase Agreement is
only relevant and contingent only to this project proposal and the project moving into
development. The sale will only close if the project proceeds.
In its pre-2000's planning for re -development of the core downtown land areas in Mound,
the City assumed re -organization and assembly of the various public and private lands in
this area as part of "future re -development". hi the most recent 2030 and 2040
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201
Comprehensive Plans these parcels were identified as part of the "Langdon" re-
development district and "Downtown Lakes" districts respectively. The fragmented
nature of the subject City lands leaves them non -conforming for any uses absent
assembly with adjacent lands under a broader scope re -development project.
Prior to the sale of lands, State Statute requires the City to determine that the sale is
consistent with Comprehensive Plan objectives. A consistency determination that the
proposed sale of these parcels is consistent with the current Comprehensive Plan is included
as part of the Northland applications and requests that are currently under evaluation by the
Planning Commission.
City Policy ADMIN 010 allows and defines the procedures for release of city parcels
(typically tax forfeit lands). This policy calls for determination and recommendations to
be made by Staff as to the suitability for sale and method of sale. For these parcels, the
long-standing plans contemplated for re -development would indicate support toward
cooperating with fair and reasonable assembly of the re -development tract lands to foster
maximized tax value improvement to the extent possible and practical. It would be
reasonable to condition the sale of these specific City parcel on the assembly or
demonstration of site control over the remaining private parcels for inclusion in a single
project —which the Offerer has met in this case. The mechanism for selling the lands to
support re -development assembly would be review and consideration of a Purchase
Agreement offered by a prospective buyer/developer and acting in favor or denial. There
is no requirement for the sale to be offered publicly or for pricing value to be determined
competitively when a City sells lands. The linkage between these lands and the rest of
the re -developable adjacent property and their separate non -conformity would preclude a
public offer to sell the lands separate from the proposed project assemblage.
There is always an expectation by residents that Cities act responsibly and fairly. This
offer proposes payment of the fair market value of the Property if determined acceptable
by/to the Offerer. The Appraised Value shall be "in its as -is condition (including the
current condition of access to the Property and developability of the Property without
being part of any potential development on adjacent properties) as determined by an
independent third -party appraiser" retained by the City. The Appraised Value may come
in substantially below, above, or on -par with the previous offer; but replace that original
offer's specific amount with this to -be -determined market value. If determined
unacceptable to the Offerer, they may terminate their offer.
These revised terms resolve the Council concern by determining and embedding a
"Market Value" for the parcels as the purchase price in their conveyance. The revised
terms do not address Council comments regarding open advertisement or active
notification of availability to other interests known or unknown.
The City has previously contemplated obtaining professional appraisal services in regard
to the various Harbor District Parcels when the development strategies for those areas
were formulated in 2017. The City did not move on any of those pricing proposals nor
obtain appraisals at that time. The proposals ranged in pricing from $2,400 per "report"
to $8,000 for what became the 2+ acre development parcel. The price quotes all tended
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to depend more on "project origination costs" rather than the size of the parcels to be
evaluated due to the small land areas in discussion. Similar would apply here considering
the .4 acres under consideration.
More recent market research conducted by Staff to prepare this report identified likely
current costs between $3,000 and $9,000 for an appraisal report for the 3 parcels under a
single conveyance action. Notably, the Appraisers interviewed expressed concern with
their ability to meet the specific condition requested by the Offerer to determine value
"without being part of any potential development on adjacent properties". All expressed that the
organic "best and highest use"; and perhaps only use for these parcels is assembly and their value
outside of assembly is de-minimis. Staff would recommend striking that condition in the Offer.
RECOMMENDATIONS: Staff makes the following recommendations to Council:
The Planning Commission will review and act upon a recommendation of Comprehensive
Plan consistency as part of its review of the full re -development applications for the project at
its forthcoming meeting, Feb 1, 2022.
The means of sale is consistent with past contemplations on the assembly of lands to
support re -development and a Purchase Agreement with the prospective developer as
Buyer is the appropriate method to sell
The City would not otherwise sell the specific lands under this offer except to an adjacent
owner and specifically to support active re -development of the area as is required by the
proposed Purchase Agreement
The means of sale under a Purchase Agreement to prospective developers is consistent
with City Policy ADMIN 010
The sale of the lands supports tax improvement of the area and will financially benefit the
City and its residents in perpetuity
The offer contemplates payment of the "Appraised Value" for the property if acceptable
to the Offerer. The "Appraised Value" defined in the Agreement should be revised to
become "the fair market value of the Property in its as -is condition as determined by an
independent third -party appraiser following the Uniform Standards of Professional Appraisal
Practice, and other required standards." This change is highlighted in yellow in the included
exhibit.
The Council approve a Resolution approving execution of the proposed Purchase
Agreement by the Mayor and City Manager with the modifications noted.
3
203
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (this "Agreement") is made as of the date the last of Seller and
Buyer executes this Agreement (the "Effective Date') (if either party fails to date this Agreement by its
signature, the date of execution of the other party shall constitute the Effective Date), by and between the City
of Mound, a Minnesota municipal corporation ("Seller"), and Northland Real Estate Group, LLC, a Minnesota
limited liability company, or its assigns (`Buyer").
In consideration of the covenants and representations set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as
follows:
ARTICLE 1.
PURCHASE AND SALE
Subject to the terms and conditions of this Agreement, Seller agrees to sell to Buyer, and Buyer agrees
to buy from Seller, those three (3) certain parcels of real property located in the City of Mound, Hennepin
County, Minnesota, together with all rights whatsoever in the property, real or personal, including, without
limitation, riparian rights, rights of way, oil, gas and mineral rights, privileges, easements, credits, permits,
licenses, interests and appurtenances, development rights and similar rights benefiting or appurtenant to the
Property, being generally depicted and legally described as set forth on Exhibit A attached hereto (the
"Property').
ARTICLE 2.
PURCHASE PRICE
2.1 Purchase Price. Buyer shall pay Seller a total purchase price for the Property equal to the Appraised
Value (the `Purchase Price"). As used herein, the "Appraised Value" of the Property shall mean the
fair market value of the Property in its as -is condition as determined by an independent third -party
appraiser following the Uniform Standards of Professional Appraisal Practice, and other required
standards. Within ten (10) days after the Effective Date, Seller shall engage an independent third -
party appraiser to provide the Appraised Value to Seller and Buyer. If Buyer does not approve of the
Appraised Value, Buyer may terminate this Agreement and receive a refund of the Earnest Money.
2.2 Earnest Money. Within three (3) business days after the Effective Date, Buyer shall deposit as earnest
money the sum of One Thousand and no/100 Dollars ($1,000.00) with First American Title Insurance
Company (the "Title Company"), located at 121 South 8th Street, Suite 1250, Minneapolis,
Minnesota 55402, Attn: Mike Broyles. The earnest money deposit, together with all interest earned
thereon, is referred to herein as the "Earnest Money."
2.3 Payment of Purchase Price. Buyer shall pay to Seller at Closing (defined in Article 4, below) the
balance of the Purchase Price by wire transfer or other immediately available funds, all Earnest Money
being credited and applied thereto.
ARTICLE 3.
CONDITIONS TO CLOSING
3.1 Buver's Conditions to Closing. The obligations of Buyer to perform under this Agreement are contingent
upon the timely occurrence of each of the following conditions (collectively, the `Buyer's Conditions'):
(a) Adjacent Properties. Buyer shall have successfully closed on its acquisition of the Adjacent
Properties. For purposes of this Section, "Adjacent Properties" means those parcels of real
property in Hennepin County, Minnesota with PID#s: 1411724440051, 1411724440050,
(00331475)
MU200-215-768974.v6
204
1411724440049, 1411724440048, 1411724440047, 1411724440046, 1411724440045,
1411724440044, 1411724440043, 1411724440060, and 1411724440061.
(b) Title. By the Closing Date, title shall have been found acceptable, or been made acceptable, in
accordance with the requirements and terms of Article 5 below.
(c) Seller's Closing Documents. Seller shall have delivered all of the Seller's Closing Documents as
defined in Section 4.2 at Closing.
(d) Approvals. Buyer shall have obtained all governmental and third -party approvals as deemed
necessary by Buyer, in Buyer's sole discretion, for Buyer's intended development of the
Property.
(e) Financing. Buyer shall have obtained financing to complete the transaction contemplated hereby,
on terms satisfactory to Buyer in its sole discretion.
If any of Buyer's Conditions have not been satisfied by Closing, then this Agreement may be terminated
by notice from Buyer to Seller, and upon such termination, all Earnest Money shall be returned to Buyer,
and neither party will have any further rights or obligations regarding this Agreement, except for those
that expressly survive termination. The Buyer's Conditions are for the sole benefit of Buyer and may be
waived by Buyer at any time.
ARTICLE 4.
CLOSING
4.1 Closing Date. Provided that all conditions thereto have been satisfied, the closing of the purchase and
sale of the Property contemplated by this Agreement (the "Closing') will occur on the date that is
thirty (30) days following expiration of the Due Diligence Period, as may be extended by mutual
agreement of Buyer and Seller, or on such other earlier date as may be agreed to in writing by Buyer
and Seller. Buyer may elect to close at any time upon giving Seller thirty (30) days' prior written
notice. The date of Closing is referred to herein as the "Closing Date." This transaction shall be
closed by the Title Company by delivery of documents to the Title Company and wire transfer of
funds through the Title Company's accounts. Seller agrees to deliver possession of the Property to
Buyer on the Closing Date.
4.2 Seller's Closing Documents. At Closing, Seller shall execute and deliver to Buyer the following, all in
form and content reasonably satisfactory to Buyer ("Seller's Closing Documents'):
(a) A limited warranty deed conveying marketable fee simple title to the Property to Buyer, free
and clear of all encumbrances, except the Permitted Encumbrances as defined in 5.1(b);
(b) A standard form seller's affidavit as may be reasonably required by the Title Company to
issue an owner's policy of title insurance conforming to the requirements of Article 5 of this
Agreement;
(c) Any other affidavits or certificates that may be required under Minn. Stat. § 116.48, subd. 6,
Minn. Stat. § 115B.16, Minn. Stat. § 103I, or other provisions of law; and
(d) All other documents contemplated by this Agreement or such other documentation as is
required by applicable law or reasonably required by the Title Company to effectuate the
transaction contemplated hereby.
4.3 Buyer's Closing Documents. At Closing, Buyer shall execute and/or deliver to Seller the following:
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MU200-215-768974.v6
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(a) Funds representing the balance of the Purchase Price by either cashier's check or wire transfer,
with a credit given for any Earnest Money paid by Buyer; and
(b) Such other documents as may be reasonably requested by the Title Company to evidence the
performance by Buyer of its obligations under this Agreement.
4.4 Taxes and Special Assessments. Seller will pay all real estate taxes (and installments of special
assessments due therewith) due and payable in all years prior to the year in which the Closing occurs.
Seller and Buyer will prorate to the Closing Date on a per diem basis all real estate taxes payable in
the year in which the Closing occurs on the basis of the calendar year in which the Closing occurs.
Seller shall pay all special assessments levied, pending, deferred or constituting a lien against the
Property as of the Closing Date, including without limitation any special assessments financed through
installments payable with general real estate taxes, regardless of the due dates for collection. Buyer
shall pay all real estate taxes due and payable in the years following the year of Closing.
4.5 Closing Costs. The following costs and expenses will be paid as follows in connection with the
Closing:
(a) Seller will pay:
(i) Seller's attorneys' fees;
(ii) All costs associated with the Title Commitment, including abstracting and
examination fees;
(iii) The state deed tax and the costs of obtaining and recording any document necessary to
make title marketable and to convey the Property as required by this Agreement;
(iv) One-half of the closing fee charged by the Title Company;
(v) Appraisal fees; and
(vi) Such other costs as are allocated to Seller under this Agreement.
(b) Buyer will pay:
(i) Buyer's attorneys' fees;
(ii) All costs associated with the Survey (defined below), if applicable;
(iii) All costs of recording the deed;
(iv) The premium for the title policy;
(v) One-half of the closing fee charged by the Title Company; and
(vi) Such other costs as are allocated to Buyer under this Agreement.
ARTICLE 5.
TITLE EXAMINATION
5.1 Title Examination. Title examination will be conducted as follows:
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(a) Title Evidence. Buyer shall order at Seller's expense, a commitment prepared by the Title
Company for an owner's current form ALTA title insurance policy committing the Title
Company to insure good and marketable title to the Property free and clear of liens, mortgages,
charges or encumbrances, except the Permitted Encumbrances, and including copies of all items
of record identified therein (the "Title Commitment'). Buyer, at its own expense, may obtain a
survey of the Property prepared by a land surveyor registered in the State of Minnesota (the
"Survey"). The Survey and the Title Commitment are collectively referred to as the "Title
Evidence."
(b) Buyer's Objections. Within sixty (60) days after receiving the last of the Title Evidence, but
prior to expiration of the Due Diligence Period, Buyer may make written objections
("Objections') to the form and/or contents of the Title Evidence. Any items shown in the Title
Evidence and not objected to by Buyer shall be deemed to be `Permitted Encumbrances".
Seller will have thirty (30) days after receipt of the Objections to cure the Objections, during
which period the Closing will be postponed if necessary. Seller shall use its best efforts to correct
any Objections at Seller's expense. If the Objections are not cured within such 30-day period or
if Seller cannot deliver and Buyer cannot obtain a final title insurance policy from the Title
Company consistent with the foregoing terms and requirements, Buyer will have the option to do
any of the following: (1) terminate this Agreement by written notice to Seller and receive a full
refund of the Earnest Money; or (2) waive the Objections and proceed to close.
Notwithstanding anything herein to the contrary, any monetary liens of a definite and
ascertainable amount (such as judgments, mechanics' or mortgage liens) will be paid by Seller
on or before the Closing Date or the date of commencement of foreclosure of such lien, and
all purchase options and other rights of third parties in or to the Property shall be terminated
by Seller on or before the Closing Date, without the need for Buyer to object to the same. If
Seller has not removed such liens by the earlier of Closing or commencement of foreclosure
proceedings, then any such liens will be removed and satisfied out of Seller's proceeds at
Closing or in the case of commencement of lien foreclosure proceedings, Buyer shall have the
right to pay directly to the foreclosure lienholder, either before or after the Sheriff's Sale, all
amounts owing to satisfy such liens) on behalf of Seller and all amounts so paid together with
interest from the date paid shall be immediately due and owing by Seller to Buyer.
(c) Updated Title Insurance. At least twenty (20) days before the Closing, the Title Company may
provide, at Buyer's request and at Buyer's expense, an updated Title Commitment. If title as
shown on the updated Title Commitment shows any new encumbrance created subsequent to the
date of the initial Title Commitment that was not caused by or consented to by Buyer, then Seller
shall have thirty (30) days to remove such encumbrance from title. If Seller is unable to remove
such title encumbrance(s) to Buyer's satisfaction, in Buyer's sole discretion, within said period of
time, then with respect to each such title encumbrance Buyer shall have the option, in addition to
any other remedies available to Buyer at law or in equity, of: (i) accepting title as it then stands
and proceeding on the Closing Date; or (ii) curing the defect itself and utilizing closing proceeds
to the extent necessary to cure such defect and deducting same from the sums due Seller from the
Purchase Price; or (iii) terminating this Agreement for a Seller default, in which event the Earnest
Money paid by Buyer shall be returned immediately to Buyer. Notwithstanding anything herein
to the contrary, any delay in closing occasioned by a title defect hereunder shall automatically toll
the Closing Date and any other obligations of Buyer under this Agreement.
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MU200-215-768974.v6
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ARTICLE 6.
INSPECTION
6.1 Existing Documents. Within five (5) business days after the Effective Date, Seller will deliver to
Buyer correct and complete copies of the following to the extent in Seller's possession or reasonable
control ("Seller's Documents'): all existing environmental reports, and all other reports,
investigations, and information relating to the Property, including but not limited to all surveys, plans
and specifications, topographic studies, building plans, reports or documentation, construction plans,
market studies, demographic studies, permits, licenses, warranties, existing title policy, third -party
agreements, and correspondence relating to any access rights, zoning, assessment, soil conditions,
hazardous substances or other environmental conditions affecting the Property.
6.2 Buyer's Inspection and Review. Prior to Closing, Buyer may conduct, at Buyer's sole expense, any
testing, investigation, or inspection, or may seek governmental or third -party approvals, with respect
to the Property that Buyer believes may be necessary or suitable for Buyer's intended use of the
Property, including, without limitation, soil and engineering/structural investigations, appraisals,
environmental studies, zoning, land use, opportunity zone or other approvals. Seller shall cooperate
with Buyer's inspections and governmental approvals for land use and zoning, including any
applications related thereto, provided, however, no such approvals shall take effect until Closing.
Seller hereby grants to Buyer and its agents access to the Property at all reasonable times to permit the
proper performance of the aforementioned inspections and studies. Buyer will not suffer or permit any
mechanic's liens to attach to or be filed against or upon the Property or any part thereof by reason of
any of the foregoing inspections, tests, reviews, or audits.
6.3 Due Diligence Period. In the event Buyer, in Buyer's sole discretion, is not satisfied with the Property
for any reason or no reason, then Buyer may terminate this Agreement by written notice delivered to
Seller during the Due Diligence Period and receive a full refund of the Earnest Money. If Buyer fails
to send written notice to Seller prior to expiration of the Due Diligence Period affirmatively waiving
its right to terminate this Agreement pursuant to this Section 6.3, then this Agreement may be
terminated upon written notice from either party; provided that if Seller delivers the notice of
termination, Buyer shall have ten (10) days after receipt of such notice to cancel such termination by
delivering to Seller notice of satisfaction or waiver of Buyer's right to terminate this Agreement
pursuant to this Section 6.3. If Buyer fails to timely cancel Seller's termination, then this Agreement
shall be deemed terminated and all Earnest Money shall be refunded to Buyer. `Due Diligence
Period" means that time period commencing on the Effective Date of this Agreement and ending on
October 31, 2022.
ARTICLE 7.
REPRESENTATIONS
7.1 Seller's Representations. Seller hereby represents to Buyer that as of the Effective Date and the
Closing Date, each of the following is true and accurate:
(a) Seller has good marketable fee simple title to the Property, and there are no parties in possession
of any portion of the Property as lessees, tenants at sufferance, or trespassers, and no party has
been granted any license, lease, or other right relating to use or possession of the Property, and
Seller will terminate any leases or occupancy agreements prior to Closing;
(b) Seller does not know of any underground or aboveground storage tanks, wells, or individual
sewage treatment systems currently or formerly located on the Property;
(c) To the best of Seller's knowledge, methamphetamine production has not occurred on the
Property;
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MU200-215-768974.v6
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(d) Seller is not a `foreign person," `foreign partnership," `foreign trust" or "foreign estate" as those
terms are defined in Section 1445 of the hiternaI Revenue Code;
(e) There has been no labor or material of any kind furnished to or for the benefit of the Property for
which payment has not been made; and
(f) Seller has not entered into any currently effective contracts for the sale of the Property other than this
Agreement. Seller has received no notice of and has no knowledge of any rights of first refusal or
first offer, options to purchase any portion of the Property or any other rights or agreements that may
delay or prevent this transaction.
7.2 Remedy. In the event that any of Seller's representations, warranties or covenants set forth in this
Agreement are not true and correct as of the Closing Date, Buyer may, in addition to its other
remedies, either (a) terminate this Agreement and receive a refund of the Earnest Money; or (b) elect
to close under this Agreement notwithstanding the failure of such representation or warranty. All such
representations and warranties shall survive Closing for a period of six months.
7.3 "AS IS, WHERE IS." The Buyer acknowledges that it has inspected or has had the opportunity to
inspect the Property and agrees to accept the Property "AS IS" with no right of set off or reduction in the
Purchase Price. Such sale shall be without representation of warranties, express or implied, either oral or
written (except for the representations and warranties in Section 7.1 herein), made by the Seller or any
official, employee or agent of the Seller with respect to the physical condition of the Property, including
but not limited to, the existence or absence of petroleum, hazardous substances, pollutants or contaminants
in, on, or under, or affecting the Property or with respect to the compliance of the Property or its operation
with any laws, ordinances, or regulations of any government or other body, except as stated above. The
Buyer acknowledges and agrees that the Seller has not made and does not make any representations,
warranties, or covenants of any kind or character whatsoever, whether expressed or implied, with respect
to warranty of income potential, operating expenses, buildability, uses, habitability, tenant ability, or
suitability for any purpose, merchantability, or fitness of the Property for a particular purpose, all of which
warranties the Seller hereby expressly disclaims, except as provided in Section 7.1 above.
ARTICLE 8
REAL ESTATE BROKERS
Seller and Buyer represent and warrant to each other that they have dealt with no other brokers, finders
or the like in connection with this transaction, and each hereby warrant and represent to the other that no other
brokers, agents, finders fees, commissions, or other similar fees are due or arising in connection with the
entering into of this Agreement, the sale and purchase of the Property, or the consummation of transactions
contemplated herein. Seller and Buyer each hereby agree to indemnify and hold the other harmless from and
against all liability, loss, cost, damage, or expense (including, but not limited to, reasonable attorneys' fees and
costs of litigation) which the other party shall suffer or incur because of any claim by a broker, agent, or finder
claiming by, through, or under such indemnifying party for any compensation with respect to the entering into
of this Agreement, the sale and purchase of the Property, or the consummation of the transactions
contemplated herein. The foregoing indemnification shall survive Closing. Buyer may be a licensed real estate
company and is acquiring an interest in purchasing the Property for Buyer's own account. Employees or
officers of Buyer may be licensed real estate brokers and salespersons.
ARTICLE 9
DEFAULT
9.1 Seller's Default. In the event of a default by Seller in the performance of its obligations hereunder,
which default is not cured within thirty (30) days after Seller's receipt of written notice of the same
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MU200-215-768974.v6
209
from Buyer, Buyer may, in addition to any other remedies at law or in equity, either (a) enforce the
specific performance of this Agreement, provided that any action for specific performance must be
commenced within twelve (12) months after Seller's alleged default, or (b) terminate this Agreement
and receive a refund of the Earnest Money.
9.2 Buyer's Default In the event of a default by Buyer in the performance of its obligations hereunder,
which default is not cured within thirty (30) days after Buyer's receipt of written notice of the same
from Seller, the sole and exclusive remedy of Seller shall be to terminate this Agreement pursuant to
applicable law and Buyer shall forfeit the Earnest Money as the agreed upon liquidated damages.
Seller expressly waives any other remedy, at law or in equity, against Buyer. The parties agree and
stipulate that as of the Effective Date, the exact amount of damages would be extremely difficult to
ascertain and that any Earnest Money paid by Buyer shall constitute a reasonable and fair
approximation of such damages and is not a penalty.
ARTICLE 10
MISCELLANEOUS
10.1 Time of Essence. Both Buyer and Seller agree that time is of the essence of this Agreement If the
date for the giving of any notice, the performance of any act, or the beginning or end of any period
provided for herein falls on a Saturday, Sunday or other legal holiday, such date shall be extended to
the next succeeding business day which is not a Saturday, Sunday, or legal holiday.
10.2 Notices. Any notice or election herein required or permitted to be given or serviced by any party
hereto upon the other will be in writing and delivered in person, sent by United States first class mail,
or by certified or registered mail, postage prepaid, return receipt requested, or by email, or deposited
with a nationally recognized overnight courier, properly addressed as follows:
To Seller: City of Mound
2415 Wilshire Blvd
Mound, MN 55364
Attn: City Manager
Email: erichoversten(a),cityofmound.com
With a copy to: Kennedy & Graven, Chartered
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
Attn: Sarah J. Sonsalla
To Buyer: Northland Real Estate Group, LLC
4324 West Lake Harriet Parkway, #2
Minneapolis, MN 55410
Attn: Brian Farrell
Email: brianAnorthlandre¢roup.com
With a copy to: Vantage Law Group, PLLC
125 SE Main St., Suite 250
Minneapolis, MN 55414
Attn: Jim Wilson
Email: jim.wilson(avantage.law
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MU200-215-768974.v6
210
Any such notice if mailed or emailed as provided herein will be deemed to have been given or served
on the date on which it is deposited in the mail, sent by email or delivered in person as provided
above. Any party may change its address for the service of notice by giving written notice of such
change to the other party, in any manner above specified.
10.3 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be
an original, but such counterparts together will constitute one and the same instrument. Each parry's
signature page may be delivered by email and the parties hereby agree to be bound by electronic
signatures.
10.4 Governing Law. This Agreement will be governed by and construed in accordance with the laws of
the State of Minnesota.
10.5 Complete Agreement. All understandings and agreements heretofore had between the parties are
merged into this Agreement which alone fully and completely expresses their agreement. This
Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and
bind the successors and assigns of each of the parties hereto. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter herein contained, and all prior
negotiations, discussions, writings and agreements between the parties with respect to the subject
matter herein contained are superseded and of no further force and effect.
[Signature page follows.]
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MU200-215-768974.v6
211
To evidence their agreement to the foregoing, the parties have duly executed this Agreement
effective as of the date indicated above.
SELLER:
City of Mound
By:
Name: Raymond J Salazar
Its: Mayor
By:
Name: Eric Hoversten
Its: City Manager
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BUYER:
Northland Real Estate Group, LLC
Brian Farrell, Chief Manager
MU200-215-768974.v6
212
Parcel 1:
Parcel 2:
PID# 1411724440056
EXHIBIT A
LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
[See following page for Parcel 3]
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10
MU200-215-768974.v6
213
Parcel 3:
PID# 1411724440057
(00331475)
[legal description to be govemed by title commitment and survey]
11
MU200-215-768974.v6
214
CITY OF MOUND
RESOLUTION NO. 22-
RESOLUTION APPROVING A PURCHASE AGREEMENT FOR THE SALE OF
THREE PARCELS OF CITY -OWNED PROPERTY LOCATED IN THE CITY OF
MOUND
WHEREAS, the City of Mound (the "City") is the owner of real property depicted on
Exhibit A attached hereto, Hennepin County PIDs 14-117-24-44-0062, 14-117-24-44-0056, and
14-117-24-44-0057 (the "Property"), each and all residential, non -homesteaded, and vacant land;
and
WHEREAS, the City received a revised offer from Northland Real Estate Group, LLC
(the "Buyer") to purchase the Property for the "Appraised Value" contingent upon the Buyer
successfully closing on the eleven adjacent properties; and
WHEREAS, the "Appraised Value" of the Property shall mean the fair market value of
the Propertv in its as -is condition (including the current condition of access to the Propertv and
developability of the Propertv without being part of anv potential development on adjacent
properties) as determined by an independent third -party appraiser.
WHEREAS, the City and the Buyer desire to enter into a purchase agreement, pursuant to
which the City will convey the Property to the Buyer; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as
follows:
1. The City Council adopts, as factual findings, all of the above recitals.
2. That the City Council hereby approves the Purchase Agreement in substantially the form
presented to the City Council, subject to modifications and addenda that do not alter the
substance of the transaction and that are approved by the Mayor and City Manager.
3. City officials, staff, and consultants are authorized to take all actions necessary to perform
the City's obligations under the Purchase Agreement as a whole, including, without
limitation, execution of any documents to which the City is a party referenced in or
attached to the Purchase Agreement, and any other documents necessary for the Property
to be conveyed by the City to the Buyer, all as described in the Purchase Agreement.
MU200-215-772399.v2
215
Adopted by the City Council this day of January, 2022.
ATTEST:
Kevin Kelly, City Clerk
CITY OF MOUND
Raymond J. Salazar, Mayor
2
MU200-215-772399.v2
216
Parcel 1
PID#1411724440062
Parcel 2:
PID#1411724440056
EXHIBIT A
DEPICTION OF THE PROPERTY
.. _ grip
[See following page for Parcel 3]
A-1
MU200-215072399.+2
217
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