2012-06-12 CC Agenda PacketPLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
AGENDA
...................... _ _ ................... _ _ __ _ _ ............................. _ ........_..
MOUND CITY COUNCIL TUESDAY, JUNE 12, 2012 - 7:00 PM
REGULAR MEETING M CITY CO CHA MBERS
* Consent A ee nda Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call
vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will
be removed from the Consent Agenda and considered in normal sequence.
Page
Open meeting
2. Pledge of Allegiance
3. Approve agenda, with any amendments
4. *Consent Agenda
*A.
Approve payment of claims
1370 -1396
*B.
Approve minutes: May 22, 2012 regular meeting
1397 -1401
May 29, 2012 special meeting
1402
*C.
Approve Resolution Approving a Public Lands Alteration Permit for
1403 -1405
William C. Dahlen to Remove Sumac and Brush from Devon Common
*D.
Approve Banner Permit for Surfside Sand Volleyball Tournament for
1406 -1408
Mound Centennial
*E
Approve 3- year Extension of Agreement for Professional Services,
1409 -1420
Consulting City Engineering Services, Bolton & Menk, Inc.
*F. Approve Pay Request No. 3 from Minncomm Utility Construction Company 1421 -1422
in the amount of $24,649.41 for work completed on the Island View Dr. —
Windsor Rd. Watermain Loop Improvement Project, City Project No. PW -12 -0
*G. Approve Pay Request No. 1 from GHM Asphalt Corporation in the amount 1423 -1424
of $221,161.22 for work completed on the 2012 Street, Utility, Lift Station
and Retaining Wall Improvement Project, City Project Nos. PW- 12 -01,
PW — 12 -03, PW -12 -04
*H. Approve Resolution Authorizing the 2012 Seal Coat and Crack Sealing 1425 -1426
Projects, (PW- 12 -06) and Directing Staff to Receive Quotes for this Project
5. Comments and suggestions from citizens present on any item not on the agenda.
(Limit to 3 minutes per speaker)
PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
6. Public Hearing
Conditional Use Permit for proposed animal clinic/hospital use and to allow site 1427 -1459
modifications at Mound MarketPlace at 2125 Commerce Boulevard.
Applicants: Craig and Jackie Piepkorn ( Westonka Animal Hospital)
Action on Resolution Granting Approval of a Conditional Use Permit to Allow
Westonka Animal Hospital and Site Modifications to Mound MarketPlace
Shopping Center
7. Jeff Johnson, County Commissioner, addressing the City Council
8. Mark Ruff, Ehlers & Associates, presenting the results of the bond sale and
requesting approval of the following:
A. Resolution Accepting Proposal on the Sale of $4,860,000 General 1460 -1500
Obligation Bonds, Series 2012A, Providing for their Issuance and
Pledging for the Security Thereof Special Assessments and Net
Revenues and Levying a Tax for the Payment Thereof
B. Resolution Accepting Proposal on the Sale of $5,505,000 General 1501 -1527
Obligation Refunding Bonds, Series 2012B, Providing for the Issuance
and Pledging Net Revenues and Levying a Tax for the Payment Thereof
9. Kevin Borg, Rotary President, and Rotary members, acknowledged by means 1528
of Resolution Recognizing and Expressing Appreciation to the Mound Westonka
Rotary Club for Tyrone Park Improvements
10. Sgt Mike Sussman, advisor to the Mound Police Explorers, acknowledging them 1529
for First Place in the categories of Hostage Negotiation, First Aid and Crime
Prevention
11. Carlton Moore, Public Works Director, introducing Public Meeting Requirement 1530 -1532
for the 2011 Storm Water Pollution Prevention Program (SWPPP) annual report
12. Information/Miscellaneous
A. Comments /reports from Councilmembers /City Manager
B. Minutes: Docks & Commons Comm — May 17, 2012 1533 -1534
C. Reports: LGU Annual Report 1535 -1545
Harbor Wine & Spirits — May 2012 1546
D. Correspondence: Letter from Metropolitan Council on population 1547 -1549
13. Adjourn
Note: This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting
agendas may be viewed at City Hall or at the City of Mound web site: www.cityofinound.com
COUNCIL BRIEFING
June 12, 2012
Upcoming
Events Schedule: Don't Forget!!
June 12 –
6:55
– HRA regular meeting
June 12 –
7:00
– CC regular meeting
June 26 –
6:55
– HRA regular meeting
June 26 –
7:00
– CC regular meeting
July 10 -22 – Spirit of the Lakes Festival /Mound Centennial
July 10 –
6:30 –
HRA regular meeting
July 10 –
7:00 –
CC regular meeting
July 24 –
6:30 –
HRA regular meeting
July 24 –
7:00 –
CC regular meeting
Aug 7 – Night to Unite
Aug 4 – Tour de Tonka passes through Mound
Aug 14 – 7:00am- 8:00pm -- Primary Election
Aug 16 – 6:30 —HRA regular rescheduled meeting (please note the new date for this meeting)
Aug 16 – 7:00 –CC regular rescheduled meeting (please note the new date for this meeting)
Aug 18 – Dog Days Event (animal expo with vendors and education —bring your dog to Auditor's Road)
Aug 28 –6:30 – HRA regular meeting
Aug 28 – 7:00 —CC regular meeting (2013 Budget meeting and Adoption)
Oct 13 – 8:00 -12:00 – Recycling Day
Oct 16 –1:30 -3:30 – Flu Shots
Nov 2 – Seasonal Hours end
Nov 4 - Daylight Saving Time ends
Nov 15 – 6:00 – Tree Lighting Ceremony
City Hall ClosinLs
July 4 Independence Day
Sept 3 Labor Day
Nov 12 Veteran's Day observation
Citv Official's Absences
July 28 -Aug 1 Kandis Hanson Vacation
Oct 6 -11 Kandis Hanson City Manager's Conf
Music in the Park
June 14 July 12
June 21 July 19 (Spirit of the Lakes /Kiddie Parade /Boots & Badges Safety Fair
June 28 July 26
City of Mound Claims as of 06 -12 -12
YEAR
BATCH NAME DOLLAR AMOUNT
2012 0601CITYMAN $ 24,845.47
2012 MINGER052312 $ 18,236.92
2012 061212CITY $ 178,705.21
2012 061212 H WS $ 178, 677.03
TOTAL CLAIMS $ 400,464.63
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MOUND, MN 06/04/12 11:13 AM
Page 1
Payments
r
CITY OF MOUND
Current Period: June 2012
Batch Name 0601CITYMAN
Payments
Refer 5 ABBOTT, TARA
User Dollar Amt $24,845.47
Computer Dollar Amt $24,845.47
$0.00 In Balance
Cash Payment G 101 -22801 Deposits /Escrow
REFUND OVERPAYMENT OF WATER BILL
$245.69
$147.83
5976 IDLEWOOD T. ABBOTT
$140.17
Invoice 060112 6/1/2012
1576 FINCH LANE J. HUDOBA
Invoice 3729715
Transaction Date 6/1/2012
Wells Fargo 10100 Total
$245.69
Refer 2 COLOTTI, JOHN A.
E 10141920-321 Telephone & Cells
NETWORK ETHERNETSVC 05 -20 -12 THRU 6-
Cash Payment E 609 - 49750 -331 Use of personal auto
REIMBURSE MILEAGE MMBA CONFERENCE
$133.76
20 -12
ALEXANDRIA, J. COLOTTI
Invoice 3729715
Invoice 06012012 5/24/2012
$201.34
Refer 3 INFRA TECH
Transaction Date 6/1/2012
Wells Fargo 10100 Total
$133.76
Refer
Cash Payment
E 101 -41910 -321 Telephone & Cells
NETWORK ETHERNETSVC 05 -20 -12 THRU 6-
$147.83
REFUND OVERPAYMENT OF WATER BILL
$140.17
20 -12
1576 FINCH LANE J. HUDOBA
Invoice 3729715
5/20/2012
Cash Payment
E 10141920-321 Telephone & Cells
NETWORK ETHERNETSVC 05 -20 -12 THRU 6-
$295.66
Invoice 06012012 6/1/2012
20 -12
Invoice 3729715
5/20/2012
$201.34
Refer 3 INFRA TECH
Cash Payment
E 101 - 42110 -321 Telephone & Cells
NETWORK ETHERNETSVC 05 -20 -12 THRU 6-
$147.83
$102.60
Invoice 1200230 5/3/2012
20 -12
Invoice 3729715
5/20/2012
$102.60
Refer w 6 LEAGUE OF MINNESOTA CITIES
Cash Payment
E 222 - 42260 -321 Telephone & Cells
NETWORK ETHERNETSVC 05 -20 -12 THRU 6-
$147.83
$77.92
20 -12
Invoice 3729715
5/20/2012
Invoice 161835 3/8/2012
Transaction Date
5/31/2012
Wells Fargo 10100 Total
$739.15
Refer 4 HUDOBA, JOHN
.......
Cash Payment G 101 -22801 Deposits /Escrow
REFUND OVERPAYMENT OF WATER BILL
$140.17
1576 FINCH LANE J. HUDOBA
Invoice 06012012 6/1/2012
Cash Payment R 601 - 49400 -36200 Miscellaneous Revenu REFUND OVERPAYMENT OF WATER BILL
$61.17
1576 FINCH LANE J. HUDOBA
Invoice 06012012 6/1/2012
Trans Date 6/1/2012
Wells Fargo 10100 Total
$201.34
Refer 3 INFRA TECH
Cash Payment E 601 -49400 -210 Operating Supplies
FLUORESCENT BLUE MARKING PAINT
$102.60
Invoice 1200230 5/3/2012
Transaction Date 6/1/2012
Wells Fargo 10100 Total
$102.60
Refer w 6 LEAGUE OF MINNESOTA CITIES
Cash Payment E 101 - 42110 -434 Conference & Training
POLICE ACCREDITED TRAINING ONLINE
$77.92
SUBSCRIPTION - J. MCKINLEY JAN THRU
MAY 2012
Invoice 161835 3/8/2012
Transaction Date 6/1/2012
Wells Fargo 10100 Total
$77.92
Refer 7 LOBE TECH, INCORPORATED
Cash Payment E 602 -49450 -230 Shop Materials
AQUA KLEEN TAR & ASPHALT REMOVER
$1,011.46
Invoice 2047227 5/10/2012
Project 12 -3
1 FRONTIER/CITIZENS COMMUNICA
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MOUND, MN 06/04/1211:13 AM
Payments Page 3
L`.... ......._... ....
.....__...____"
CITY OF MOUND
Current Period: June 2012
Cash Payment E 222 - 42260 -101 F T Empl Regular
DATALUX COMPUTER BROADBAND SVC
$52.04
$1,853.95
APRIL 8 THRU MAY 7 FIRE DEPT
Invoice 2740209159 5/7/2012
Invoice 060112
Transaction Date 6/1/2012
Wells Fargo 10100 Total
$52.04
Refer 14 VER/ZON WIRELESS
E 101 -45200 -381 Electric Utilities
ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12
Cash Payment E 101 -43100 -321 Telephone & Cells
CELL PHONE CHARGES 4 -14 THRU 5 -13-
$250.93
DEPOT
2012 STREETS
Invoice 060112
Invoice 2743339084 5/13/2012
Cash Payment E 601- 49400 -321 Telephone & Cells
CELL PHONE CHARGES 4 -14 THRU 5 -13-
$157.42
$114.67
2012 WATER
Invoice 2743339084 5/13/2012
Invoice 060112
Cash Payment E 602 - 49450 -321 Telephone & Cells
CELL PHONE CHARGES 4 -14 THRU 5 -13-
$237.48
Cash Payment
2012 SEWER
ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12
Invoice 2743339084 5/13/2012
Cash Payment E 101 - 42400 -321 Telephone & Cells
CELL PHONE CHARGES 4 -14 THRU 5 -13-
$22.38
5/14/2012
2012 P &I
Invoice 2743339084 5/13/2012
E 601 - 49400 -381 Electric Utilities
ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12
Cash Payment E 101 - 45200 -321 Telephone & Cells
CELL PHONE CHARGES 4 -14 THRU 5 -13-
$247.55
WATER
2012 PARKS
Invoice 060112
Invoice 2743339084 5/13/2012
Cash Payment E 101 - 41310 -321 Telephone & Cells
CELL PHONE CHARGES 4 -14 THRU 5 -13-
$265.14
$1,203.50
2012 K. HANSON PHONE
Invoice 2743339084 5/13/2012
Invoice 060112
Cash Payment E 222 - 42260 -321 Telephone & Cells
CELL PHONE CHARGES 4 -14 THRU 5 -13-
$298.87
2012 FIRE & G.PEDERSON PHONE
-1372-
Invoice 2743339084 5/13/2012
Cash Payment G 101 -13100 Due From Other Funds
CELL PHONE CHARGES 4 -14 THRU 5 -13-
$34.45
2012 IKM
Invoice 2743339084 5/13/2012
Cash Payment G 101 -22816 Personal Cell Phone
CELL PHONE CHARGES 4 -14 THRU 5 -13-
$2.21
2012 EE PAID OVERAGE
Invoice 2743339084 5/13/2012
Transaction Date 6/1/2012
Wells Fargo 10100 Total
$1,516.43
Refer 15 XCEL ENERGY
Cash Payment
E 101 -43100 -381 Electric Utilities
ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12
$1,853.95
STREETS
Invoice 060112
5/14/2012
Cash Payment
E 101 -45200 -381 Electric Utilities
ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12
$50.78
DEPOT
Invoice 060112
5/14/2012
Cash Payment
E 101 -45200 -381 Electric Utilities
ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12
$114.67
PARKS
Invoice 060112
5/14/2012
Cash Payment
E 602 - 49450 -381 Electric Utilities
ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12
$2,688.44
SEWER
Invoice 060112
5/14/2012
Cash Payment
E 601 - 49400 -381 Electric Utilities
ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12
$3,227.62
WATER
Invoice 060112
5/14/2012
Cash Payment
E 609 -49750 -381 Electric Utilities
ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12
$1,203.50
LIQUOR
Invoice 060112
5/14/2012
-1372-
MOUND, MN
Payments
Current Period: May 2012
05/23/12 11:51 AM
Page 1
Pre - Written Check $0.00
Checks to be Generated by the Computer $18,236.92
Total $18,236.92
-1373-
MOUND, MN 06107/12 11:48 AM
Payments Page 1
CITY OF MOUND
Current Period: June 2012
Refer 3 AUTOMATIC SYSTEMS COMPANY
Cash Payment E 602 - 49450 -440 Other Contractual Servic LYNWOOD LIFT STATION MOVE SVC TO $824.05
NEW ELECTRIC POLE 2/6 & 2/14
Invoice 24642 5/22/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$824.05
Refer 4 BATTERIES PLUS, #018
Cash Payment E 602- 49450 -210 Operating Supplies
BATTERIES: 6V LEAD, 12V, 12V LEAD, 12V
$286.14
6/12/2012
BATTERY ENDS
Invoice 018 - 267902 5/14/2012 PO 23985
6/5/2012
Wells Fargo 10100 Total
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$286.14
Refer 6 BIFFS, INC PORTABLE RESTROO
Cash Payment
E 101 -43100 -221 Equipment Parts
Cash Payment E 101 -45200 -410 Rentals (GENERAL)
CENTERVIEW BEACH BIFFS RENTAL & SVC
$67.86
MAY 2012
Invoice W462716 5/30/2012
Cash Payment E 101-45200-410 Rentals (GENERAL)
MOUND BAY PARK BIFFS RENTAL & SVC
MAY 2012
$251.94
Invoice W462717 5/30/2012
Cash Payment E 101 - 45200 -410 Rentals (GENERAL)
Invoice W462718 5/30/2012
Transaction Date 6/5/2012
SKATE PARK BIFFS RENTAL & SVC MAY
2012
Wells Fargo 10100 Total
$380.00
$699.80
Refer 5 BILDEAUX SERVICES
Cash Payment
E 101 - 43100 -434 Conference & Training
CHAINSAW SAFETY TRAINING SEMINAR 5-
$718.00
15 -12
Invoice 061212
6/12/2012
Transaction Date
6/5/2012
Wells Fargo 10100 Total
$718.00
Refer 8�BOYER TRUCK PARTS
Cash Payment
E 101 -43100 -221 Equipment Parts
'12 FORD F550 FRONT AXLE ALIGNMENT,
$43.98
CENTER WHEEL
Invoice 250644
5/16/2012
Cash Payment
E 601 - 49400 -221 Equipment Parts
'12 FORD F550 VEHICLE #112 FRONT AXLE
$43.97
ALIGNMENT, CENTER WHEEL
Invoice 250644
5/16/2012
Transaction Date
6/5/2012
Wells Fargo 10100 Total
$87.95
Refer 9 CARQUEST OF NAVARRE (P/M
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f - \ Page 2
Payments
CITY OF MOUND
Current Period: June 2012
Refer 10 CENTERPO/NT ENERGY (M/NNEG
Cash Payment E 602 - 49450 -383 Gas Utilities
Invoice 061212 5/21/2012
Transaction Date 6/5/2012
3303 WATERBURY GAS SERVICE 4 -18 THRU $15.82
5 -17 -12
Wells Fargo 10100 Total $15.82
Refer 51 CENTRAL MCGOWAN, INCORPOR
Cash Payment E 602 - 49450 -230 Shop Materials
HIGH PRESSURE CYLINDER RENTALS
$17.23
Invoice 00070656 5/31/2012
Project 12 -3
Transaction Date 6/6/2012
Wells Fargo 10100 Total
$17.23
Refer 11 COMMERCIAL ASPHALT CO.
Cash Payment E 101 - 43100 -224 Street Maint Materials
42A WEAR HOT ASPHALT MIX
$382.82
Invoice 24505 5/9/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$382.82
Refer 59 CREST PRECAST INCORPORATED
Cash Payment E 101 - 43100 -400 Repairs & Maintenance
7 BOLLARDS W /CAPS COUNTY RD 15-
$4,937.63
REIMBURSED BY INSURANCE CLAIM APRIL
2012
Invoice 39674 5/25/2012 PO 23668
Transaction Date 6/6/2012 Wells Fargo 10100 Total $4,937.63
Refer a 12 CUMMINGS NPOWER,LLC
Cash Payment E 602 - 49450 -500 Capital Outlay FA STANDBY GENERATOR FOR LIFT STATION $21,532.11
N -1 2011 PROJ PIN 11 -03
Invoice 806 -21580 5/11/2012 PO 23554 Project PW1103
Transaction Date 6/5/2012 Wells Fargo 10100 Total $21,532.11
Refer 60 DELL MARKETING L.P.
Cash Payment E 101 -41920 -205 Computer Hardware /Soft DELL COMPUTER MONITOR FOR $168.35
ACCOUNTANT
Invoice XFRTCJ3R5 5/25/2012 PO 23961
Cash Payment E 101 - 41920 -205 Computer Hardware /Soft DELL DESKTOP COMPUTER W/ WINDOWS 7 $745.04
FOR ACCOUNTANT
Invoice XFRWD93F4 5/29/2012 PO 23961
Transaction Date 6/6/2012 Wells Fargo 10100 Total $913.39
Refer 7 DURKIN, DAVID
Cash Payment E 675- 49425 -440 Other Contractual Servic STORM SEWER REPAIR, GRADING, DIRT, $1,565.00
SEED @ PIPER
Invoice 061212 6/12/2012
Transaction Date 6/5/2012 Wells Fargo 10100 Total $1,565.00
Refer 13 FERGUSON WATERWORKS
Cash Payment E 601 -49400 -220 Repair / Maint Supply 10 5/8 " X 3/4" WATER METERS, 20 3/4" $1,308.55
METER COUPLINGS
Invoice S01363653 5/14/2012 PO 23984 -1375-
Transaction Date 6/5/2012 Wells Fargo 10100 Total $1,308.55
Refer 61 FIRE ENGINEERING PUBLICATION
Cash Payment E 222 - 42260 -433 Dues and Subscriptions FIRE ENGINEERING MAGAZINE $48.00
SUBSCRIPTION 3 YEAR RENEWAL
Invoice 061212 6/5/2012
Transaction Date 6/6/2012 Wells Fargo 10100 Total $48.00
Refer 67 FIRE SERVICE CERT OF MINNESO
Cash Payment E 222 - 42260 -434 Conference & Training
Invoice 1412 5/17/2012
FIREFIGHTER II CERTIFICATION EXAM 5 -5- $75.00
12 - J. BRYCE
Transaction Date 6/6/2012 Wells Fargo 10100 Total $75.00
Refer 14 FIVE TECHNOLOGY
Cash Payment E 101 - 41920 -440 Other Contractual Servic MONTHLY MANAGED SVC & NETWORK $1,800.00
MTCE -JUNE 2012
Invoice 124994 6/1/2012
Cash Payment E 101 - 42110 -440 Other Contractual Servic MONTHLY FEE FOR ONLINE POLICE $50.00
REPORT FORM JUNE 2012
Invoice 124994 6/1/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total $1,850.00
Refer 32 FOURTH JUDICIAL DISTRICT
Cash Payment
E 101 -42110 -203 Printed Forms
2012 UNIFORM CITATIONS
$221.31
Invoice 201235
5/21/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$221.31
Refer 125
FRONTIER/CITIZENS COMMUNICA
Cash Payment
E 101 -43100 -321 Telephone & Cells
PHONE SERVICE 5 -30 -12 THRU 06 -29 -12
$432.85
Invoice 061212
5/30/2012
Cash Payment
E 601 -49400 -321 Telephone & Cells
PHONE SERVICE 5 -30 -12 THRU 06 -29 -12
$432.85
Invoice 061212
5/30/2012
Cash Payment
E 602 -49450 -321 Telephone & Cells
PHONE SERVICE 5 -30 -12 THRU 06 -29 -12
$445.97
Invoice 061212
5/30/2012
Cash Payment
E 602- 49450 -321 Telephone & Cells
PHONE SERVICE 5 -30 -12 THRU 06 -29 -12
$61.40
LIFT STATION LINE
Invoice 061212
5/30/2012
Cash Payment
E 101 - 45200 -321 Telephone & Cells
PHONE SERVICE 5 -30 -12 THRU 06 -29 -12
$115.89
Invoice 061212
5/30/2012
Cash Payment
E 609 -49750 -321 Telephone & Cells
PHONE SERVICE 5 -30 -12 THRU 06 -29 -12
$540.96
Invoice 061212
5/30/2012
Cash Payment
E 101- 41910 -321 Telephone & Cells
PHONE SERVICE 5 -30 -12 THRU 06 -29 -12
$916.36
Invoice 061212
5/30/2012
Cash Payment
E 101 - 42110 -321 Telephone & Cells
PHONE SERVICE 5 -30 -12 THRU 06 -29 -12
$381.82
Invoice 061212
5/30/2012
Cash Payment
E 222 - 42260 -321 Telephone & Cells
PHONE SERVICE 5 -30 -12 THRU 06 -29 -12
$229.09
Invoice 061212
5/30/2012
Transaction Date 6/6/2012
Wells Fargo 10100 Total
$3,557.19
Refer 16
G & K SERVICES
Cash Payment
E 101 - 41910 -460 Janitorial Services
MAT SVC & SUPPLIES 5 -28 CITY HALL
$174.45
Invoice 1006756299 5/28/2012
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06/07/1211:48 AM
Page 4
Payments
CITY OF MOUND
Current Period: June 2012
Cash Payment E 609 - 49750 -460 Janitorial Services
MAT SVC & SUPPLIES 5 -28 LIQUOR STORE
$72.76
Invoice 1006756294 5/28/2012
Cash Payment E 609 - 49750 -460 Janitorial Services
MAT SVC 5 -21 LIQUOR STORE
$55.88
Invoice 1006745186 5/21/2012
Cash Payment E 609 -49750 -460 Janitorial Services
MAT SVC 6 -4 LIQUOR STORE
$55.88
Invoice 1006767247 6/4/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$358.97
Refer 17 G & K SERVICES
Cash Payment E 101 - 45200 -218 Clothing and Uniforms
UNIFORM SVC 6 -4 -12
$40.15
Invoice 1006767253 6/4/2012
Cash Payment E 101 - 45200 -210 Operating Supplies
SUPPLIES 6 -4 -12
$56.80
Invoice 1006767253 6/4/2012
Cash Payment E 101 -45200 -218 Clothing and Uniforms
UNIFORM SVC 5 -28 -12
$44.66
Invoice 1006756300 5/28/2012
Cash Payment E 101 -45200 -210 Operating Supplies
SUPPLIES 5 -28 -12
$62.47
Invoice 1006756300 5/28/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$204.08
Refer 18 G & K SERVICES
Cash Payment E 101 - 43100 -218 Clothing and Uniforms
UNIFORM SVC 5 -21 -12
$76.57
Invoice 1006745191 5/21/2012
Cash Payment E 601 - 49400 -218 Clothing and Uniforms
UNIFORM SVC 5 -21 -12
$25.69
Invoice 1006745191 5/21/2012
Cash Payment E 602 - 49450 -218 Clothing and Uniforms
UNIFORM SVC 5 -21 -12
$33.78
Invoice 1006745191 5/21/2012
Cash Payment E 602 - 49450 -230 Shop Materials
MAT SVC & SHOP SUPPLIES 5 -21 -12
$216.47
Invoice 1006745191 5/21/2012
Project 12 -3
Cash Payment E 602 - 49450 -230 Shop Materials
MAT SVC & SHOP SUPPLIES 5 -28 -12
$250.55
Invoice 1006756298 5/28/2012
Project 12 -3
Cash Payment E 101 - 43100 -218 Clothing and Uniforms
UNIFORM SVC 5 -28 -12
$23.21
Invoice 1006756298 5/28/2012
Cash Payment E 601- 49400 -218 Clothing and Uniforms
UNIFORM SVC 5 -28 -12
$25.69
Invoice 1006756298 5/28/2012
Cash Payment E 602 - 49450 -218 Clothing and Uniforms
UNIFORM SVC 5 -28 -12
$33.78
Invoice 1006756298 5/28/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$685.74
Refer 64 GERTENS
Cash Payment E 101 - 45200 -232 Landscape Material
2012 PLANTS FOR STREETSCAPE
$1,187.92
GREENWAY AREAS
Invoice 252329 5/23/2012 PO 23989
Cash Payment E 101 - 45200 -232 Landscape Material
2009 OVERPAYMENT CREDIT
- $1,088.97
Invoice H54063 5/23/2012
Transaction Date 6/6/2012 Wells Fargo 10100 Total $98.95
Refer 33 GOPHER STATE ONE CALL
Cash Payment E 601 -49400 -395 Gopher One -Call MAY 2012 LOCATES $150.27
Invoice 40749 6/4/2012
Cash Payment E 602 -49450 -395 Gopher One -Call MAY 2012 LOCATES $150.28
Invoice 40749 6/4/2012
Transaction Date 6/5/2012 Wells F 10100 Total $300.55
.. -1377
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Payments
CITY OF MOUND
Refer 15 HAWKINS, INCORPORATED
Current Period: June 2012
Cash Payment
E 601 - 49400 -227 Chemicals
CHLORINE CYLINDER RENTAL
$15.00
Invoice 3343354
5/25/2012
SPACEJAYCEES
Transaction Date
6/5/2012
Wells Fargo 10100 Total
$15.00
Refer 52 HD SUPPLY WATERWORKS, LTD
6/6/2012
Wells Fargo 10100 Total
Cash Payment
E 601 -49400 -220 Repair /Maint Supply
3 -1/2" 200 PSI GAUGE
$56.83
Invoice 4862469
5/25/2012 PO 23990
HANDLES
$10.62
Transaction Date
6/6/2012
Wells Fargo 10100 Total
$56.83
Refer 62 HECKSEL MACHINE SHOP
Cash Payment E 222 -42260 -409 Other Equipment Repair ALUMINUM BUMPER REPAIR FOR TRUCK $363.38
#34
Invoice 94269 5/4/2012 PO 23379
Transaction Date 6/6/2012 Wells Fargo 10100 Total $363.38
Refer 19 HENNEPIN COUNTY COMMUNITY
Cash Payment E 101 -41600 -450 Board of Prisoners
Invoice 1000016684 5/16/2012
Transaction Date 6/5/2012
Refer 20 HENNEPIN COUNTY INFORMATIO
Cash Payment E 101 - 42110 -418 Other Rentals
Invoice 120338034 3/31/2012
Transaction Date 6/5/2012
COMMUNITY CORRECTIONS WORK
RELEASE APRIL 2012
Wells Fargo 10100 Total
RADIO LEASE AND ADMIN FEE MARCH 2012
Wells Fargo 10100 Total
$36.00
$36.00
$1,214.03
$1,214.03
Refer 63 HOLASEK, FRED AND SON, INCOR
Cash Payment
G 101 -22808 Adopt A Green Space
DEPOT FLOWERS - ADOPT A GREEN
$409.54
SPACEJAYCEES
Invoice 0014448
5/23/2012
Transaction Date
6/6/2012
Wells Fargo 10100 Total
$409.54
Refer 65 HOME DEPOT CREDIT (FIRE)
Cash Payment
E 222 -42260 -210 Operating Supplies
HANDLES
$10.62
Invoice 1144058
4/18/2012
Cash Payment
E 222 -42260 -210 Operating Supplies
PAINT SUPPLIES: ROLLER & COVERS,
$120.26
BRUSH, TRAY, MNT KEYSAFES,
ELECTRICAL ROLL
Invoice 5125041
5/4/2012
Transaction Date
6/6/2012
Wells Fargo 10100 Total
$130.88
Refer 49 IKON OFFICE SOLUTIONS � �..
Cash Payment
E 222 - 42260 -202 Duplicating and copying
COPIER RENTAL FEE 3 -13 -12 THRU 6 -12 -12
$158.72
FIRE DEPT
Invoice 87052343 5/25/2012
Transaction Date 6/512012 Wells Fargo 10100 Total $158.72
Refer � 21 ISLAND PARK SKELLY
Cash Payment E 101 -42110 -404 Machinery/Equip Repairs SQUAD #842 OIL CHANGE, FILTER & LUBE, $819.24
TIRE MOUNT /BALANCE, REPLACE FRONT &
REAR BRAKES
Invoice 32897 5/24/2012
Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs SQUAD #843 OIL FILTER CHANGE, TOP OFF $31.10
OIL
Invoice 32900 5/24/2012
-1378-
Transaction Date 6/5/2012 Wells Fargo 10100 Total $850.34
Refer 1
J.R. S APPLIANCE DISPOSAL, INC
$807.49
Refer 23 JOHNS VARIETY AND PETS
Cash Payment
E 670 - 49500 -460 Janitorial Services
RECYCLE DAY 5 -12 -12 DISPOSAL OF
$1,347.90
PICTURE FRAME - JOHN DEAN
$6.41
APPLIANCES
Refer 25
Invoice 78538
5/15/2012
Invoice 452004
5/17/2012
Tr Date 6/5/2012
Wells Fargo 10100 Total
$1,347.90
Refer 22
JANI -KING OF MINNESOTA, INCOR
$6.41
Refer 24 JUBILEE FOODS
Cash Payment
E 602 - 49450 -460 Janitorial Services
MONTHLY CONTRACT CLEANING PUBLIC
$267.19
BEVERAGES, WATER FOR RECYCLE DAY
$89.59
WORKS JUNE 2012
Invoice MIN06120328
6/1/2012
Project 12 -3
5/12/2012
Cash Payment
E 101 -41910 -460 Janitorial Services
MONTHLY CONTRACT CLEANING CITY HALL
$540.30
DELI LUNCH RECYCLE DAY EVENT
$70.70
JUNE 2012
5/12/2012
Invoice MIN06120322 6/1/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$807.49
Refer 23 JOHNS VARIETY AND PETS
Invoice 061212
5/26/2012
Cash Payment
E 101 -41110 -431 Meeting Expense
PICTURE FRAME - JOHN DEAN
$6.41
$221.89
Refer 25
RETIREMENT RESOLUTION
Invoice 452004
5/17/2012
E 101 - 41600 -316 Legal P & I
PLANNING LEGAL SVC APRIL 2012
Transaction Date
6/5/2012
Wells Fargo 10100 Total
$6.41
Refer 24 JUBILEE FOODS
Cash Payment
E 670 - 49500 -460 Janitorial Services
BEVERAGES, WATER FOR RECYCLE DAY
$89.59
EVENT
Wells Fargo 10100 Total
Invoice 061212
5/12/2012
KENNEDYAND GRAVEN
Cash Payment
E 670 - 49500 -460 Janitorial Services
DELI LUNCH RECYCLE DAY EVENT
$70.70
Invoice 061212
5/12/2012
5/15/2012
Cash Payment
G 101 -23215 Emerg Respond Unit Lake Ar BEVERAGES, WATER FOR EMERGENCY
$16.38
ADMINISTRATIVE LEGAL SERVICES APRIL
$224.18
RESPONSE UNIT TRAINING
Invoice 061212
5/16/2012
Cash Payment
E 101 -41110 -431 Meeting Expense
BEVERAGES FOR JOHN DEAN'S
$4.27
RETIREMENT RECEPTION 2 -22 -12
Invoice 061212 5/12/2012
Cash Payment
E 609- 49750 -255 Misc Merchandise For R
LIMES, LEMONS FOR RESALE
$40.95
Invoice 061212
5/26/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$221.89
Refer 25
KENNEDYAND GRAVEN
Cash Payment
E 101 - 41600 -316 Legal P & I
PLANNING LEGAL SVC APRIL 2012
$570.00
MUELLER NUISANCE ABATEMENT 5910
RIDGEWOOD
Invoice 108091
5/15/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$570.00
Refer 26
KENNEDYAND GRAVEN
Cash Payment
E 101 - 41600 -300 Professional Srvs
EXECUTIVE LEGAL SERVICES APRIL 2012
$402.00
Invoice 108086
5/15/2012
Cash Payment
E 101 -41600 -300 Professional Srvs
ADMINISTRATIVE LEGAL SERVICES APRIL
$224.18
2012
Invoice 108086 5115/2012
Cash Payment E 101 -41600 -314 Legal P/W PUBLIC WORKS LEGAL SERVICES APRIL $177.00
2012
Invoice 108086 5/15/2012
-1379-
MOUND, MN 06/07/1211:48 AM
Payments Page 7
CITY OF MOUND
Current Period: June 2012
Cash Payment
G 101 -23247 WALGREENS #11 -10 SEMP WALGREENS ZONING & SUBDIVISION APPS
$1,120.00
Cash Payment E 101 - 41110 -433 Dues and Subscriptions
3RD QTR LMCD LEVY PAYMENT
LEGAL SERVICES APRIL 2012
Invoice 061212 6/4/2012
Invoice 108086
5/15/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
Cash Payment
E 101 - 41600 -316 Legal P & I
PLANNING & ZONING LEGAL SERVICES
$102.20
Cash Payment E 602 - 49450 -230 Shop Materials
NYLON CABLE TIES, DEGREASER, PIPE
APRIL 2012
Invoice 108086
5/15/2012
CRIMPING, PLUGS, PIPE TAPE, CABLE
Cash Payment
G 101 -23231 6301 Lynwood #10 -07, Wood WOODLYN RIDGE, 6301 LYNWOOD LEGAL
$186.00
Invoice 9300857687 5/23/2012
SERVICES APRIL 2012
Invoice 108086
5/15/2012
$70.55
Invoice 9300244939 10/20/2011
Cash Payment
G 101 -23256 2650 Lakewood Ln - Grunow
LAKEWOOD LANE - GRUNOW LEGAL
$45.00
$275.90
SERVICES APRIL 2012
Invoice 108086
5/15/2012
Cash Payment
G 101 -23255 2125 Commerce- Animal Hos
WESTONKA ANIMAL HOSPITAL SERVICES
$45.00
APRIL 2012
Invoice 108086
5/15/2012
Cash Payment
G 101 -23253 4857 Island View Dr. BARNE 4857 IVD BARNES LEGAL SERVICES APRIL
$42.00
2012
Invoice 108086
5/15/2012
Transaction Date
6/5/2012
Wells Fargo 10100 Total
$2,343.38
Refer 57 KENNEDY AND GRAVEN
Cash Payment
E 101 - 41600 -300 Professional Srvs
LEGAL SERVICES HRA REVIEW & MTGS
$176.00
APRIL 2012
Invoice 108085
5/15/2012
Cash Payment
G 101 -23257 RON CLARK LOST LAKE VI
LOST LAKE VILLAS LEGAL SERVICES APRIL
$217.00
2012
Invoice 108085
5/15/2012
Cash Payment
G 101 -23089 MHR Phase II Auditors Road
MHR PHASE II LEGAL SERVICES APRIL 2012
$605.00
Invoice 108085
5/15/2012
Transaction Date
6/6/2012
Wells Fargo 10100 Total
$998.00
Refer 28 LAKE MINNETONKA CONSERVATI
Cash Payment E 101 - 41110 -433 Dues and Subscriptions
3RD QTR LMCD LEVY PAYMENT
$5,776.00
Invoice 061212 6/4/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$5,776.00
Refer 29 LAWSON PRODUCTS, INC
Cash Payment E 602 - 49450 -230 Shop Materials
NYLON CABLE TIES, DEGREASER, PIPE
$205.35
EXPANDER, ELBOW ADAPTERS, PIPE
CRIMPING, PLUGS, PIPE TAPE, CABLE
CLAMPS
Invoice 9300857687 5/23/2012
Project 12 -3
Cash Payment E 602 -49450 -230 Shop Materials
NYLON CABLE TIES\
$70.55
Invoice 9300244939 10/20/2011
Project 12 -3
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$275.90
Refer 54 LORETTO VOLUNTEER FIRE DEPT
Cash Payment E 101-42115-434 Conference & Training GORDON GRAHAM SEMINAR - MANAGING $58.00
RISK MAY 11 & 12
Invoice 2 -2075 5/30/2012 PO 23854
Transaction Date 6/6/2012 Wells Fargo 10100 Total $58.00
Refer 78 MADER, RANDY
Cash Payment R 601- 49400 -36200 Miscellaneous Revenu REFUND OVERPAYMENT OF UTILITY BILL R. $119.67
MADER 2135 OVERLAND LANE
Invoice 061212 616/2012 -1380-
CITY OF MOUND
Current Period: June 2012
Transaction Date 6/6/2012 Wells Fargo 10100 Total $119.67
Refer 36 MERTZ, CRAIG M. LAW OFFICE _
Cash Payment E 101 - 41600 -304 Legal Fees PROSECUTION SVCS MAY 2012 $8,490.53
Invoice 061212 6/5/2012
Cash Payment E 101 - 41600 -304 Legal Fees HENN CTY INFO TECH ACCESS TO MNCIS $48.09
FEE MAY 2012
Invoice 061212
6/5/2012
MULCH - CONTRACT GARDEN BLEND
$54.71
Transaction Date 6/7/2012
Wells Fargo 10100 Total
$8,538.62
Refer 30
METROPOLITAN COUNCIL WASTE
E 601- 49400 -224 Street Maint Materials
MULCH - CONTRACT GARDEN BLEND
Cash Payment
E 602- 49450 -388 Waste Disposal -MCIS
WASTEWATER SERVICES JULY 2012
$62,357.48
Invoice 0000990903 6/4/2012
Cash Payment
E 101 - 45200 -232 Landscape Material
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$62,357.48
Refer 31
MINNESOTA DEPT OF HEALTH
Cash Payment
Cash Payment
R 601- 49400 -37170 State fee - Water
2ND QTR 2012 COMMUNITY WATER SUPPLY
$5,504.00
5/22/2012
-1381-
SVC CONNECTION FEE
Invoice 061212
5/23/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$5,504.00
Refer 68
MNSPECT
Cash Payment
E 101 - 42400 -308 Building Inspection Fees
MAY 2012 BUILDING INSPECTION FEES
$7,736.48
Invoice 5803
6/4/2012
Cash Payment
R 101 - 42000 -32220 Electrical Permit Fee
MAY 2012 ELECTRICAL INSPECTION
- $204.00
PERMIT FEE CREDIT
Invoice 5803
6/4/2012
Cash Payment
G 101 -20800 Due to Other Governments
MAY 2012 ELECTRICAL INSPECTION STATE
- $80.00
SURCHARGE FEE CREDIT
Invoice 5803
6/4/2012
Transaction Date 6/6/2012
Wells Fargo 10100 Total
$7,452.48
Refer 34
MORRELL ENTERPRISES, LP
Cash Payment
E 670 - 49500 -460 Janitorial Services
DUMPSTER BINS FOR CITY CLEAN UP DAY
$2,463.73
5 -12 -12
Invoice 24269
5/18/2012
Cash Payment
E 670 -49500 -460 Janitorial Services
DUMPSTER BINS FOR CITY CLEAN UP DAY
$642.19
5 -12 -12
Invoice 24237
5/12/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$3,105.92
Refer 35
MOUND FIRE RELIEF ASSOC/ATIO
Cash Payment
E 222 -42260 -124 Fire Pens Contrib
JUNE 2012 FIRE RELIEF CONTRIBUTION
$11,968.75
Invoice 061212
6/1/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$11,968.75
Refer 36 MULCH STORE, THE
Cash Payment
E 601 - 49400 -224 Street Maint Materials
MULCH - CONTRACT GARDEN BLEND
$54.71
Invoice 8116533
5/18/2012
Cash Payment
E 601- 49400 -224 Street Maint Materials
MULCH - CONTRACT GARDEN BLEND
$54.71
Invoice 8116522
5/18/2012
Cash Payment
E 101 - 45200 -232 Landscape Material
MULCH - CONTRACTOR HONEY GOLD
$563.23
Invoice 8116833
5/22/2012
Cash Payment
E 101 -45200 -232 Landscape Material
MULCH - CONTRACTOR HONEY GOLD
$565.34
Invoice 8116862
5/22/2012
-1381-
Transaction Date 6/5/2012 Wells Fargo 10100 Total $1,237.99
Refer 37 NEWMAN SIGNS
Cash Payment E 101 -43100 -226 Sign Repair Materials
Invoice TI- 0248780 5115/2012
Transaction Date 6/5/2012
BLACK FILM, TRANSFER TAPE
Wells Fargo 10100
Refer 38 NS 11 MECHANICAL CONTRACTING,
Cash Payment E 101 - 41910 -440 Other Contractual Servic PREVENTATIVE MTCE AGREEMENT MAY
THRU AUGUST 2012 CITY HALL
Invoice C002194 5/22/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
Refer 66 OFFICE DEPOT (FIRE)
Cash Payment E 222 - 42260 -200 Office Supplies INK CARTRIDGE, USB DRIVE, SIGN
HOLDER, BINDER CLIPS, REPORT COVERS,
FILES, LAMINATING POUCH, CLIPBOARD,
HIGHLIGHTERS
Invoice 609526060001 5/10/2012 PO 23383
$1,180.00
$1,180.00
$254.53
Cash Payment E 222 - 42260 -200 Office Supplies INK TONER CARTRIDGE $136.67
Invoice 611181349001 5/25/2012 PO 23384
Cash Payment E 222 - 42260 -200 Office Supplies MEMO BOARDS $108.16
Invoice 611078348001 5/24/2012 PO 23383
Transaction Date 6/6/2012 Wells Fargo 10100 Total $499.36
Refer 39 OFFICE DEPOT
Cash Payment E 101 - 41910 -200 Office Supplies
Invoice 610230996001 5/17/2012 PO 22874
Cash Payment E 281 -45210 -200 Office Supplies
Invoice 610230996001 5/17/2012 PO 22874
Transaction Date 6/5/2012
ADDRESS LABELS, ENVELOPES,
RUBBERBANDS
ADDRESS LABELS
Wells Fargo 10100
Refer 71 PEDERSON, GREG
Cash Payment E 222 - 42260 -200 Office Supplies
Invoice 061212 6/5/2012
Cash Payment E 222 - 42260 -200 Office Supplies
REIMBURSE OFFICE SUPPLIES SAM'S
CLUB- 2 SIDED POSTER BOARD, DRY
ERASE, CUPBOARDS
$1,391.38
Total $1,391.38
$34.72
$24.46
Total $59.18
$160.47
REIMBURSE- 11 X 17" POSTERS PRINTED @ $19.02
FED -EX
Invoice 061212 6/5/2012
Transaction Date 6/6/2012 Wells Fargo 10100 Total $179.49
Refer 72 PLUNKETT S, INCORPORATED � R56
Cash Payment E 609 -49750 -440 Other Contractual Servic PEST CONTROL SERVICE 5 -11 -12 LIQUOR $50.20
STORE
Invoice 3145886 5/11/2012
Transaction Date 6/6/2012 Wells Fargo 10100 Total $50.20
Refer 73 R & S COLLISION SERVICES /NCO
Cash Payment E 222 - 42260 -409 Other Equipment Repair PAINT RIGHT BOX CORNER & REPAIR DENT $200.00
FIRE TRUCK #40
Invoice 1106 6/25/2011
Transaction Date 6/6/2012 Wells Fargo 10100 Total $200.00
Refer 40 RANDY S SANIT
-1382-
_ MOUND, MN 06/07/1211:48 AM
Page 10
// Payments
1 ...... ............... _ ""•..
CITY OF MOUND
Current Period: June 2012
Cash Payment E 670- 49500 -460 Janitorial Services DOCUMENT SHREDDER FOR RECYCLE $224.65
EVENT 5 -12 -12
Invoice 1666416 5/15/2012
Tran Date 6/5/2012
Wells Fargo 10100 Total $224.65
Refer 74 RANDY S SANITATION
Cash Payment E 670 - 49500460 Janitorial Services
REMOVE 40YD RECYLCE OPEN BIN FROM
CLEAN UP 5 -12 -12
$50.00
$50.00
Invoice 1672374 5/31/2012
Transaction Date 6/6/2012
Wells Fargo 10100 Total
Refer 53 ROCKYS HANDYMAN SERVICES L
Cash Payment E 101 - 49999 -430 Miscellaneous
Invoice 2011 -392 6/1/2012
Cash Payment E 101 - 49999 -430 Miscellaneous
Invoice 2011 -393 6/1/2012
Cash Payment E 101 - 49999 -430 Miscellaneous
Invoice 2011 -394 6/1/2012
Cash Payment E 101 - 49999 -430 Miscellaneous
MOWING SERVICE 5 -31 -12 @ 6309 SUGAR $106.88
MILL LANE
MOWING SERVICE 5 -31 -12 @ 4879 $106.88
PLYMOUTH ROAD
MOWING SERVICE 5 -31 -12 @ 5025 $106.88
SHORELINE DRIVE
MOWING SERVICE 5 -31 -12 @ 4869 $106.88
HANOVER ROAD
Invoice 2011 -395 6/1/2012
Transaction Date 6/6/2012 Wells Fargo 10100 Total $427.52
Refer 55 SCHARBER AND SONS OF LONG L
Cash Payment E 101 - 45200 -500 Capital Outlay FA 2 TORO PUSH MOWERS W /BAGGER, $1,160.64
MULCHER & SIDE DISCHARGE, LESS
TRADEINS
Invoice 21600 5/5/2012 PO 22865
Transaction Date 6/6/2012 Wells Fargo 10100
Total $1,160.64
Refer 48 SCHMIDT, ERIC
Cash Payment R 281 - 45210 -34725 Dock Permits
REFUND KEY DEPOSIT LOST LAKE VILLAS
$50.00
DOCKSITE ERIC SCHMIDT
Invoice 061212 6/4/2012
Transaction Date 6/5/2012
Wells Fargo 10100 Total
$50.00
Refer 75 SPRINT WIRELESS (FIRE)
Cash Payment E 222 - 42260 -321 Telephone & Cells
FIRE DEPT DATA CARD ACCESS CHARGES
$7.19
5 -13 THRU 6 -12
Invoice 617320297 -044 5/16/2012
Transaction Date 6/6/2012
Wells Fargo 10100 Total
$7.19
Refer 70 STA -SAFE LOCKSMITHS COMPAN
Cash Payment E 101 - 42110 -402 Building Maintenance
REPAIR LOCK ON MEN'S LOCKER ROOM
$95.82
Invoice 0018958 5/29/2012 PO 23873
Cash Payment E 101-42110-402 Building Maintenance REPAIR LOCK ON PD FILE CABINET /DESK $101.57
Invoice 0018950 5/9/2012 PO 23873
Transaction Date 6/6/2012 Wells Fargo 10100 Total $197.39
Refer 41 STERNE ELECTRIC COMPANY
Cash Payment E 222 - 42260 -402 Building Maintenance MOVE OUTLETS AT FIRE DEPT. $209.00
Invoice 11009 5/7/2012
-1383-
Refer 76 TRI -K SERV ICES
Cash Payment
MOUND, MN
06/07/1211:48 AM
$2,343.00
Page 11
Invoice 061212
5/11/2012 PO 23386
Payments
6/6/2012
Wells Fargo 10100 Total
$2,343.00
Refer 79
TRUE VALUE, MOUND (PW PKS)
CITY OF MOUND
Cash Payment
E 602- 49450 -221 Equipment Parts
Current Period: June 2012
$18.16
Cash Payment
E 222 -42260 -401 Building Repairs
CREDIT FEB STMT
-$3.56
Invoice 11009
5/7/2012
GFCI OUTLETS, SUPER SHOCK
$30.96
Cash Payment
E 10142110 -402 Building Maintenance
CREDIT FEB STMT
-$3.56
Invoice 11009
5/7/2012
INSECT KILLER, CLEANER
$12.80
Transaction Date
6/5/2012
Wells Fargo 10100 Total
$201.88
Refer 56 SUN PATRIOIT NEWSPAPER
E 602 - 49450 -220 Repair /Maint Supply
HEX BUSHING, GALV COUPLING, GALV
Cash Payment
G 101 -23247 WALGREENS #11 -10 SEMP
RE- ZONING PEDESTRIAN PLANNED UNIT
$137.81
Invoice 93993
DEVELOPMENT DISTRICT HEARING NOTICE
Cash Payment
PUB.6 -2 -12 SEMPER WALGREENS PROJECT
SCREWS, NUTS, BOLTS FOR BOAT
Invoice 1109996
6/2/2012
5/16/2012
Cash Payment
G 101 -23255 2125 Commerce - Animal Hos
COND. USE PERMIT - AMENDMENT HEARING
$33.08
$72.25
NOTICE PUB.6 -2 -12 WESTONKA ANIMAL
HOSPITAL
Invoice 1109992
6/2/2012
Cash Payment
E 101 -41110 -351 Legal Notices Publishing
CENTERPOINT GAS FRANCHISE FEE
$38.59
ORDINANCE AMENDMENT LEGAL NOTICE
PUB 06 -2 -12
Invoice 1109999
6/2/2012
Cash Payment
E 101 -41110 -351 Legal Notices Publishing
XCEL ENERGY ELECTRIC FRANCHISE FEE
$38.59
ORDINANCE AMENDMENT LEGAL NOTICE
PUB 06 -2 -12
Invoice 1110001
6/2/2012
Transaction Date
6/6/2012
Wells Fargo 10100 Total
$248.07
Refer 42 THYSSEN -KRUPP ELEVATOR COR
Cash Payment
E 101 - 41910 -440 Other Contractual Servic
ELEVATOR MAINTENANCE CITY HALL 16 -1-
$731.87
12 THRU 8 -31 -12
Invoice 3000180596 6/1/2012
Transaction Date
6/5/2012
Wells Fargo 10100 Total
$731.87
Refer 43 TOWN & COUNTRY FENCE
Cash Payment
E 101 - 45200 -525 Other Capital Improveme SOFTBALL BACKSTOP FOR SWENSON PARK
$1,800.00
Invoice 920073
5/31/2012 PO 22873
Transaction Date
6/5/2012
Wells Fargo 10100 Total
$1,800.00
Refer 76 TRI -K SERV ICES
Cash Payment
E 222 - 42260 -500 Capital Outlay FA
2011 EAGLE AMERICA TRAILER FOR FIRE
$2,343.00
DEPT.
Invoice 061212
5/11/2012 PO 23386
Transaction Date
6/6/2012
Wells Fargo 10100 Total
$2,343.00
Refer 79
TRUE VALUE, MOUND (PW PKS)
Cash Payment
E 602- 49450 -221 Equipment Parts
TRIMMER LINE
$18.16
Invoice 93592
5/11/2012
Project 12 -3
Cash Payment
E 602 -49450 -210 Operating Supplies
GFCI OUTLETS, SUPER SHOCK
$30.96
Invoice 93721
5/15/2012
Cash Payment
E 602- 49450 -220 Repair /Maint Supply
INSECT KILLER, CLEANER
$12.80
Invoice 93190
5/1/2012
Cash Payment
E 602 - 49450 -220 Repair /Maint Supply
HEX BUSHING, GALV COUPLING, GALV
$6.49
NIPPLE
Invoice 93993
5/21/2012
Cash Payment
E 101 - 45200 -409 Other Equipment Repair
SCREWS, NUTS, BOLTS FOR BOAT
$3.84
Invoice 93771
5/16/2012
Tr Date
6/6/2012
Wells F 13$4- 10100 Total
$72.25
MOUND, MN 06/07/1211:48 AM
Payments Page 12
CITY OF MOUND
Current Period: June 2012
Refer 80 TRUE VALUE, MOUND (PW PKS)
Cash Payment
E 101 - 45200 -220 Repair / Maint Supply
SPRINKLER HOSE
$22.43
Invoice 093868
5/18/2012
Cash Payment
E 101 - 43100 -210 Operating Supplies
Cash Payment
E 602 -49450 -220 Repair / Maint Supply
DWV ADAPTERS, PVC ADJ TRAP
$16.61
Invoice 093891
5/18/2012
STREETS CRACK FILLER CRS -2 480 G
$583.43
Cash Payment
E 601 - 49400 -210 Operating Supplies
40 LB TOP SOIL
$15.97
Invoice 093899
5/18/2012
STREETS CRACK FILLER CRS -2 480 G
$501.30
Cash Payment
E 285 - 46388 -220 Repair / Maint Supply
TRASH BAGS, PINE SOL CLEANER FOR
$29.90
Transaction Date
6/5/2012
PARKING DECK MTCE
$1,713.48
Invoice 094115
5/24/2012
Transaction Date 6/6/2012
Wells Fargo 10100 Total
$84.91
Refer 81
TRUE VALUE, MOUND (PW PKS) _
5/18/2012
Cash Payment
E 602 -49450 -230 Shop Materials
SILLCOCK, COPPER ELBOWS
$40.59
Invoice 094273
5/29/2012
Project 12 -3
Cash Payment
E 602 -49450 -230 Shop Materials
CREDIT RETURN SILLCOCK, COPPER
-$2.36
Invoice 094278
5/29/2012
Cash Payment
E 101 -43100 -210 Operating Supplies
Invoice 094344
5/30/2012
Cash Payment
E 101 - 43100 -210 Operating Supplies
Invoice 094345
5/30/2012
Cash Payment
E 602 -49450 -210 Operating Supplies
Invoice 093152 4/30/2012
Cash Payment E 285 - 46388 -220 Repair / Maint Supply
Invoice 094407 6/1/2012
Transaction Date 6/6/2012
ELBOWS
Project 12 -3
PUTTY KNIFE $7.03
AA & 9V BATTERIES $26.15
CREDIT GLOVES, SILICONE SPRAY INVCE - $18.73
#093152
TOILET BOWL CLEANER, FORMULA 409 $16.00
FOR PARKING DECK MTCE
Wells Fargo 10100 Total $68.68
Refer 44
VANCE BROTHERS
Cash Payment
E 101 - 43100 -224 Street Maint Materials
STREETS CRACK FILLER CRS -2 480 G
$628.75
Invoice 22297
5/24/2012
Cash Payment
E 101 -43100 -224 Street Maint Materials
STREETS CRACK FILLER CRS -2 480 G
$583.43
Invoice 22222
5/18/2012
Cash Payment
E 101 -43100 -224 Street Maint Materials
STREETS CRACK FILLER CRS -2 480 G
$501.30
Invoice 22182
5/15/2012
Transaction Date
6/5/2012
Wells Fargo 10100 Total
$1,713.48
Refer 45
WACON/A FARM AND HOME SUPP
Cash Payment
E 601 - 49400 -224 Street Maint Materials
CUSTOM SUN SHADE GRASS SEED
$104.73
Invoice 7955
5/18/2012
Transaction Date
6/5/2012
Wells Fargo 10100 Total
$104.73
Refer 77
WEBER, VICKI
Cash Payment
E 222 -42260 -210 Operating Supplies
REIMBURSE FIREFIGHTER PHOTOS
$215.27
PRINTED @ TARGET & PROEX - V. WEBER
Invoice 061212
5/31/2012
Transaction Date
6/6/2012
Wells Fargo 10100 Total
$215.27
Refer 46 WESTONKA MECHANICAL CONTR
Cash Payment E 601- 49400 -220 Repair / Maint Supply
Invoice 35036 5/31/2012
WOODFORD SILLCOCK 12" AUTO DRAINING $202.20
WALL HYDRANT
-1385-
MOUND, MN 06/07/1211:48 AM
Page 13
Payments
CITY OF MOUND
Current Period: June 2012
Transaction Date 6/5/2012 Wells Fargo 10100 Total $202.20
Refer 126 ZIELINSKI, JOANNE
Cash Payment G 101 -23150 New Construction Escrow REFUND NEW CONSTRUCTION ESCROW J. $5,000.00
ZIELINSKI, 5000 EDGEWATER DRIVE
Invoice 061212 6/6/2012
Cash Payment G 101 -23007 Erosion Control Escrow REFUND EROSION CONTROL ESCROW J. $1,000.00
ZIELINSKI, 5000 EDGEWATER DRIVE
Invoice 061212 6/6/2012 _
Transaction Date 6/7/2012 Wells Fargo 10100 Total $6,000.00
Fund Summary
Pre - Written Check $0.00
Checks to be Generated by the Computer $178,705.21
Total $178,705.21
-1386-
10100 Wells Fargo
101 GENERAL FUND
$57,089.93
222 AREA FIRE SERVICES
$16,623.57
281 COMMONS DOCKS FUND
$74.46
285 MOUND HRA
$45.90
601 WATER FUND
$8,114.84
602 SEWER FUND
$87,061.12
609 MUNICIPAL LIQUOR FUND
$816.63
670 RECYCLING FUND
$5,088.76
675 STORM WATER UTILITY FUND
$3,790.00
$178,705.21
Pre - Written Check $0.00
Checks to be Generated by the Computer $178,705.21
Total $178,705.21
-1386-
MOUND, MN 06/08/12 8:05 AM
Page 1
Payments
CITY OF MOUND
Current Period: June 2012
Batch Name 061212HWS User Dollar Amt $178,677.03
Payments Computer Dollar Amt $178,677.03
$0.00 In Balance
Refer 2 AMUNDSON, M. LLP
Cash Payment E 609- 49750 -256 Tobacco Products For R TOBACCO PRODUCTS $808.50
Invoice 132768 6/6/2012
Cash Payment E 609 - 49750 -256 Tobacco Products For R TOBACCO PRODUCTS $606.18
Invoice 131992 5/23/2012
Transaction Date 6/7/2012 Wells Fargo 10100 Total $1,414.68
Refer 1 ARCTIC GLACIER PREMIUM ICE
Cash Payment E 609- 49750 -255 Misc Merchandise For R
ICE
Invoice 381215415 6/2/2012
$68.35
Cash Payment E 609 - 49750 -265 Freight
FREIGHT
Invoice 381215415 6/2/2012
$119.91
Cash Payment E 609- 49750 -255 Misc Merchandise For R
ICE
Invoice 379215204 5/31/2012
$35.75
Cash Payment E 609 - 49750 -255 Misc Merchandise For R
ICE
Invoice 379214617 5/25/2012
$19.99
Cash Payment E 609 - 49750 -265 Freight
FREIGHT
Invoice 379215204 5/31/2012
$115.43
Cash Payment E 609- 49750 -265 Freight
FREIGHT
Invoice 379214617 5/25/2012
$71.95
Cash Payment E 609 - 49750 -255 Misc Merchandise For R
ICE
Invoice 379213806 5/17/2012
$157.00
Cash Payment E 609 - 49750 -265 Freight
FREIGHT
Invoice 379213806 5/17/2012
$5.70
Transaction Date 6/6/2012
Wells Fargo
10100
$261.60
$1.00
$114.48
$180.92
$1.00
$1.00
$130.50
$1.00
Total $691.50
Refer 2 BELLBOY CORPORATION
Cash Payment E 609 - 49750 -210 Operating Supplies BAGS, SUCKERS, SLEEVES
$68.35
Invoice 86752800 5/16/2012
Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX
$119.91
Invoice 86842200 6/4/2012
Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX
$35.75
Invoice 86808300 5/25/2012
Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX
$19.99
Invoice 86816400 5/30/2012
Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX
$115.43
Invoice 86816000 5/30/2012
Cash Payment E 609 - 49750 -210 Operating Supplies BAGS
$71.95
Invoice 86816000 5/30/2012
Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX
$157.00
Invoice 86772100 5/18/2012
Cash Payment E 609 - 49750 -255 Misc Merchandise For R MERCHANDISE
$5.70
Invoice 86772100 5/18/2012
Transaction Date 6/6/2012 Wells Fargo 10100
Total $594.08
Refer 3 BE LLBOY CORPORATION
Cash Payment E 609- 49750 -253 Wine For Resale
Invoice 73752300 6/1/2012
FILTHNIA
-1387-
$438.00
MOUND, MN 06/08/12 8:05 AM
Page 2
Payments
CITY OF MOUND
Current Period: June 2012
Cash Payment E
609- 49750 -265 Freight
FREIGHT
$12.30
Invoice 73752300
6/112012
Cash Payment
E 609- 49750 -252 Beer For Resale BEER
Cash Payment E
609 -49750 -251 Liquor For Resale
LIQUOR
$5,306.02
Invoice 73766000
6/4/2012
$58.70
Invoice 10791
Cash Payment E
609 - 49750 -253 Wine For Resale
WINE
$432.00
Invoice 73752300
6/1/2012
5/31/2012
Cash Payment E
609 -49750 -265 Freight
FREIGHT
$12.30
Invoice 73752300
6/1/2012
Cash Payment
E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX
Cash Payment E
609- 49750 -251 Liquor For Resale
LIQUOR
$6,242.44
Invoice 73699700
5/30/2012
Cash Payment E
609- 49750 -265 Freight
FREIGHT
$68.46
Invoice 73699700
5/30/2012
Cash Payment E
609 -49750 -251 Liquor For Resale
LIQUOR
$763.55
Invoice 73675400
5/25/2012
Cash Payment E
609 -49750 -265 Freight
FREIGHT
$12.30
Invoice 73675400
5/25/2012
Cash Payment E
609 -49750 -251 Liquor For Resale
LIQUOR
$7,607.76
Invoice 73593400
5/21/2012
Cash Payment E
609 -49750 -251 Liquor For Resale
LIQUOR
$2,636.02
Invoice 73534700
5/16/2012
Cash Payment E
609 - 49750 -265 Freight
FREIGHT
$28.41
Invoice 73534700
5/16/2012
Cash Payment E
609 - 49750 -251 Liquor For Resale
LIQUOR
$704.84
Invoice 73581700
5/18/2012
Cash Payment E
609 -49750 -265 Freight
FREIGHT
$7.75
Invoice 73581700
5/18/2012
Transaction Date
6/6/2012
Wells Fargo 10100
Total $24,272.15
Refer 4 BELLBOY CORPORATION
Cash Payment E
609 - 49750 -251 Liquor For Resale
LIQUOR CREDIT
- $269.50
Invoice 73507400
5/14/2012
Cash Payment E
609 -49750 -253 Wine For Resale
WINE
$270.00
Invoice 72729800
3/27/2012
Cash Payment E
609 -49750 -265 Freight
FREIGHT
$9.30
Invoice 72729800
3/27/2012
Transaction Date
6/6/2012
Wells Fargo 10100
Total $9.80
Refer 5 BERNICKS BEVERAGES AND VEN
Cash Payment
E 609 -49750 -254 Soft Drinks /Mix For Resa MIX
$170.60
Invoice 10079
5/23/2012
Cash Payment
E 609- 49750 -252 Beer For Resale BEER
$1,857.50
Invoice 10080
5/23/2012
Cash Payment
E 609- 49750 -254 Soft Drinks /Mix For Resa MIX
$58.70
Invoice 10791
5/31/2012
Cash Payment
E 609 - 49750 -252 Beer For Resale BEER
$378.00
Invoice 10792
5/31/2012
Cash Payment
E 609 -49750 -252 Beer For Resale BEER
$567.00
Invoice 52638
5/18/2012
Cash Payment
E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX
$62.30
Invoice 11279
6/6/2012
-1388-
MOUND, MN 06/08/12 8:05 AM
/ Payments Page 3
CITY OF MOUND
Refer 6 COCA COLA BOTTLING- MIDWEST
Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX -COCA COLA PRODUCTS $356.32
Invoice 0118055107 5/24/2012
Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX -COCA COLA PRODUCTS CREDIT - $12.60
Invoice 0118055108 5/24/2012
Transaction Date 6/7/2012 Wells Fargo 10100 Total $343.72
Refer 7 DAHLHE/MER BEVERAGE LLC
_
Cash Payment E 609 - 49750 -252 Beer For Resale
BEER
$834.30
Invoice 1024858 5/21/2012
Cash Payment E 609 - 49750 -252 Beer For Resale
BEER
$693.50
Invoice 1024951 6/4/2012
Transaction Date 6/6/2012
Wells Fargo
10100 Total
$1,527.80
Refer 8 DAY DISTRIBUTING COMPANY
Cash Payment E 609- 49750 -252 Beer For Resale
BEER
$80.70
Invoice 651855 5/22/2012
Cash Payment E 609- 49750 -252 Beer For Resale
BEER
$4,599.25
Invoice 651854 5/22/2012
Cash Payment E 609- 49750 -252 Beer For Resale
BEER
$3,367.00
Invoice 653080 5/30/2012
Cash Payment E 609- 49750 -252 Beer For Resale
BEER
$1,882.80
Invoice 653890 615/2012
Cash Payment E 609 - 49750 -252 Beer For Resale
BEER CREDIT
- $52.80
Invoice 47934 4/27/2012
Cash Payment E 609 - 49750 -252 Beer For Resale
BEER CREDIT
- $17.60
Invoice 47934 4/27/2012
Transaction Date 6/6/2012
Wells Fargo
10100 Total
$9,859.35
Refer 9 EXTREME BEVERAGE
Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX
$346.50
Invoice W- 552506 5/30/2012
Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX
$241.00
Invoice W- 545504 5/16/2012
Transaction Date 6/6/2012
Wells Fargo
10100 Total
$587.50
Refer 10 HOHENSTE/NS, INCORPORATED
Cash Payment E 609- 49750 -252 Beer For Resale
BEER
$258.50
Invoice 600849 5/15/2012
Cash Payment E 609 -49750 -252 Beer For Resale
BEER
$816.00
Invoice 602854 5/30/2012
Transaction Date 6/6/2012
Wells Fargo
10100 Total
$1,074.50
Refer 11 JJ TAYLOR. DISTRIBUTING MINN
Cash Payment E 609 -49750 -252 Beer For Resale BEER
Invoice 1767142 5/15/2012
Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX
Invoice 1801647 5/29/2012
$7,748.15
$77.60
-1389-
MOUND, MN 06/08/12 8:05 AM
/1 Page 4
Payments
CITY OF MOUND
Current Period: June 2012
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$47.00
Invoice 1767148
5/15/2012
Invoice 1298502
5/16/2012
Cash Payment
E 609- 49750 -252 Beer For Resale
BEER
$3,759.90
Invoice 1801625
5/29/2012
Invoice 1298499
5/16/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$4,310.90
Invoice 1801675
6/5/2012
Invoice 1298500
5/16/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$2,723.00
Invoice 1767199
5/22/2012
Invoice 1298503
5/16/2012
Cash Payment
E 609- 49750 -252 Beer For Resale
BEER
$25.50
Invoice 1801633
5/29/2012
Invoice 534378
5/11/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$140.00
Invoice 1801645
5/29/2012
Refer 13 JOHNSON BROTHERS LIQUOR
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$298.20
Invoice 1801617
5/23/2012
5/23/2012
Cash Payment
E 609 - 49750 -254 Soft Drinks /Mix For Resa
MIX
$157.60
Invoice 1801600
5/22/2012
Transaction Date
6/6/2012
Wells Fargo 10100
Total $19,287.85
Refer 12 JOHNSON BROTHERS LIQUOR
Cash Payment
E 609 -49750 -254 Soft Drinks /Mix For Resa MIX
$25.15
Invoice 1298502
5/16/2012
Cash Payment
E 609- 49750 -251 Liquor For Resale
LIQUOR
$5,130.86
Invoice 1298499
5/16/2012
Cash Payment
E 609 - 49750 -253 Wine For Resale
WINE
$3,465.30
Invoice 1298500
5/16/2012
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$39.25
Invoice 1298503
5/16/2012
Cash Payment
E 609 -49750 -253 Wine For Resale
WINE CREDIT
- $32.00
Invoice 534378
5/11/2012
Transaction Date
6/6/2012
Wells Fargo 10100
Total $8,628.56
Refer 13 JOHNSON BROTHERS LIQUOR
Cash Payment
E 609- 49750 -251 Liquor For Resale
LIQUOR
$5,642.53
Invoice 1303941
5/23/2012
Cash Payment
E 609- 49750 -254 Soft Drinks /Mix For Resa MIX
$32.49
Invoice 1303944
5/23/2012
Cash Payment
E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX
$90.75
Invoice 1303943
5/23/2012
Cash Payment
E 609- 49750 -253 Wine For Resale
WINE
$3,223.05
Invoice 1303942
5/23/2012
Cash Payment
E 609 - 49750 -251 Liquor For Resale
LIQUOR
$1,320.63
Invoice 1304398
5/24/2012
Cash Payment
E 609- 49750 -251 Liquor For Resale
LIQUOR
$73.50
Invoice 1305447
5/25/2012
Cash Payment
E 609 - 49750 -265 Freight
FREIGHT
$1.47
Invoice 1305447
5/25/2012
Transaction Date
6/7/2012
Wells Fargo 10100
Total $10,384.42
Refer 14 JOHNSON BROTHERS LIQUOR
Cash Payment
E 609 -49750 -251 Liquor For Resale
LIQUOR
$4,020.63
Invoice 1310369
5/31/2012
-1390-
_ MOUND, MN 06/08/12 8:05 AM
Page 5
Payments
CITY OF MOUND
Current Period: June 2012
Cash Payment
E 609 -49750 -253 Wine For Resale
WINE
$3,817.20
Invoice 1310370
5/31/2012
Cash Payment
E 609 -49750 -254 Soft Drinks /Mix For Resa MIX
$64.50
Invoice 1310371
5/31/2012
5/17/2012
Transaction Date
6/7/2012
Wells Fargo 10100
Total $7,902.33
Refer 16 MARLIN S TRUCKING DELIVERY
Invoice 8350469
5/17/2012
Cash Payment
E 609 -49750 -265 Freight
DELIVERY SVCS 5 -3 -12
$185.90
Invoice 26523
5/3/2012
Invoice 8349803
5/14/2012
Cash Payment
E 609 - 49750 -265 Freight
DELIVERY SVCS 5 -7 -12
$99.40
Invoice 26533
5/7/2012
Invoice 8349803
5/14/2012
Cash Payment
E 609 - 49750 -265 Freight
DELIVERY SVCS 5 -10 -12
$150.70
Invoice 26551
5/10/2012
Cash Payment
E 609 - 49750 -265 Freight
DELIVERY SVCS 5 -17 -12
$338.00
Invoice 26570
5/17/2012
Cash Payment
E 609 - 49750 -265 Freight
DELIVERY SVCS 5 -21 -12
$81.20
Invoice 26580
5/21/2012
Cash Payment
E 609 -49750 -265 Freight
DELIVERY SVCS 5 -24 -12
$346.75
Invoice 26599
5/24/2012
Transaction Date
6/6/2012
Wells Fargo 10100
Total $1,201.95
Refer 17 M/NNEHAHA BUILDING MA/NTENA
Cash Payment E 609- 49750 -440 Other Contractual Servic WASH WINDOWS INSIDE & OUT 5 -7 -12 $65.19
Invoice 921098043 5/27/2012
Transaction Date 6/7/2012 Wells Fargo 10100 Total $65.19
Refer 18 MINNESOTA PUBLISHING
Cash Payment E 609 - 49750 -340 Advertising 1/4 PAGE AD JUNE 12 WEST LAKE $130.00
BUSINESS PUBLICATION
Invoice 14374 5/31/2012
Transaction Date 6/6/2012 Wells Fargo 10100 Total $130.00
Refer 19 MUZAK - MINNEAPOLIS
Cash Payment E 609 - 49750 -440 Other Contractual Servic JUNE MUSIC SERVICES $108.94
Invoice AA64247 6/1/2012
Transaction Date 6/6/2012 Wells Fargo 10100 Total $108.94
Refer 15 OLVALDE FARM & BREWING CO.
Cash Payment E 609 -49750 -252 Beer For Resale BEER $168.00
Invoice 428 6/5/2012
Transaction Date 6/7/2012 Wells Fargo 10100 Total $168.00
Refer 20 PAUSTIS AND SONS WINE COMPA
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$184.20
Invoice 8349805
5/14/2012
Cash Payment
E 609 - 49750 -253 Wine For Resale
WINE
$604.00
Invoice 8350469
5/17/2012
Cash Payment
E 609 - 49750 -265 Freight
FREIGHT
$8.75
Invoice 8350469
5/17/2012
Cash Payment
E 609 - 49750 -253 Wine For Resale
WINE
$922.00
Invoice 8349803
5/14/2012
Cash Payment
E 609- 49750 -265 Freight
FREIGHT
$16.25
Invoice 8349803
5/14/2012
-1391-
MOUND, MN
Payments
CITY OF MOUND
Current Period: June 2012
Transaction Date 6/6/2012 Wells Fargo 10100
06/08/12 8:05 AM
Page 6
Total $1,735.20
Refer 21 PAUSTIS AND SONS WINE COMPA
Cash Payment
Cash Payment E 609 - 49750 -253 Wine For Resale
WINE
$1,584.02
Invoice 8350809 5/21/2012
5/16/2012
Cash Payment E 609 - 49750 -265 Freight
FREIGHT
$31.25
Invoice 8350809 5/21/2012
$1,231.30
Invoice 2241536
Cash Payment E 609- 49750 -253 Wine For Resale
WINE
$1,277.49
Invoice 8351825 5/29/2012
E 609 -49750 -252 Beer For Resale
BEER
Cash Payment E 609- 49750 -265 Freight
FREIGHT
$20.00
Invoice 8351825 5/29/2012
Cash Payment
Cash Payment E 609 -49750 -265 Freight
FREIGHT
$20.00
Invoice 8352704 6/4/2012
5/16/2012
Cash Payment E 609 -49750 -253 Wine For Resale
WINE
$1,212.98
Invoice 8352704 6/4/2012
$4,466.30
Invoice 2245073
Cash Payment E 609 -49750 -253 Wine For Resale
WINE
$729.02
Invoice 8351428 5124/2012
E 609 - 49750 -253 Wine For Resale
wine
Cash Payment E 609 -49750 -251 Liquor For Resale
LIQUOR
$57.00
Invoice 8351794 5/29/2012
Cash Payment
Cash Payment E 609 - 49750 -265 Freight
FREIGHT
$2.25
Invoice 8351794 5/29/2012
Transaction Date 617/2012 Wells Fargo 10100 Total $4,934.01
Refer 22
PHILLIPS WINE AND SPIRITS, INC
Cash Payment
E 609- 49750 -251 Liquor For Resale
LIQUOR
$381.10
Invoice 2241538
5/16/2012
Cash Payment
E 609 -49750 -253 Wine For Resale
WINE
$1,231.30
Invoice 2241536
5/16/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$139.70
Invoice 2241537
5/16/2012
Cash Payment
E 609 -49750 -253 Wine For Resale
WINE
$56.00
Invoice 2241540
5/16/2012
Cash Payment
E 609 -49750 -251 Liquor For Resale
LIQUOR
$4,466.30
Invoice 2245073
5/23/2012
Cash Payment
E 609 - 49750 -253 Wine For Resale
wine
$692.65
Invoice 2245071
5/23/2012
Cash Payment
E 609 -49750 -253 Wine For Resale
wine
$238.00
Invoice 2245072
5/23/2012
Transaction Date
6/6/2012
Wells Fargo 10100
Total $7,205.05
Refer 23
PHILLIPS WINE AND SPIRITS, INC
Cash Payment
E 609- 49750 -251 Liquor For Resale
LIQUOR
$0.00
Invoice 2249605
5/31/2012
Cash Payment
E 609 - 49750 -253 Wine For Resale
WINE
$372.55
Invoice 2249606
5/31/2012
Cash Payment
E 609- 49750 -252 Beer For Resale
BEER
$76.95
Invoice 2249607
5131/2012
Cash Payment
E 609- 49750 -251 Liquor For Resale
LIQUOR
$981.75
Invoice 2249608
5/31/2012
Cash Payment
E 609 -49750 -254 Soft Drinks /Mix For Resa MIX
$41.95
Invoice 2249609
5/31/2012
-1392-
Refer 24
R. C. ELECTRIC, INCORPORATED
LIQUOR
$1,047.50
Cash Payment
E 609 -49750 -400 Repairs & Maintenance
ADD NEW OUTLET FOR COOLERS 5 -30 -12
$280.19
Invoice 3380
6/1/2012
WINE
$128.00
Transaction Date 6/7/2012
Wells Fargo 10100 Total
$280.19
Refer 25
SHANKEN COMMUNICATIONS, INC
5/18/2012
Cash Payment
E 609 -49750 -255 Misc Merchandise For R
WINE SPECTATOR PUBLICATIONS 5 -31 -12
$15.00
$150.70
Invoice 692609
EDITION
Invoice 926976
5/21/2012
E 609 -49750 -252 Beer For Resale
BEER
T— n¢orhinn nnfo F /F /9n19
Wells Faroo 10100 Total
$15.00
Refer 26 SOUTHERN WINE & SPIRITS OF M
Cash Payment E 609 - 49750 -253 Wine For Resale
Invoice 1802489 5/17/2012
Cash Payment E 609 - 49750 -251 Liquor For Resale
Invoice 1771740 5/17/2012
Cash Payment E 609 - 49750 -253 Wine For Resale
Invoice 1802518 5/24/2012
Cash Payment E 609- 49750 -251 Liquor For Resale
Invoice 1771777 5/24/2012
Cash Payment E 609 - 49750 -251 Liquor For Resale
Invoice 1797024 6/1/2012
Cash Payment E 609 -49750 -253 Wine For Resale
Invoice 1798852 5/24/2012
Cash Payment E 609 - 49750 -253 Wine For Resale
Invoice 1798863 6/1/2012
Cash Payment E 609 - 49750 -253 Wine For Resale
Invoice 1802547 6/1/2012
Transaction Date 6/6/2012
WINE
$1,006.00
LIQUOR
$1,047.50
WINE
$184.00
LIQUOR
$1,476.62
LIQUOR
$2,530.72
WINE
$128.00
WINE
$204.00
WINE
$632.00
Wells Fargo
10100
Total
$7,208.84
Refer 27
THORPE DISTRIBUTING COMPAN
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$1,739.00
Invoice 690904
5/17/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$421.00
Invoice 689913
5/18/2012
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$150.70
Invoice 692609
5/29/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$705.00
Invoice 00773087 5/29/2012
Cash Payment
E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX
$18.00
Invoice 693802
6/5/2012
Cash Payment
E 609 - 49750 -253 Wine For Resale
WINE
$150.60
Invoice 693259
6/1/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$139.50
Invoice 693802
6/5/2012
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$2,995.10
Invoice 00750634 6/5/2012
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$7,611.90
Invoice 692610
5/29/2012
-1393-
Refer 28
MOUND, MN
06/08/12 8:05 AM
Page 8
$236.00
Payments
E 609 - 49750 -253 Wine For Resale
CITY OF MOUND
$2,104.01
Invoice 0057655
Current Period: June 2012
FREIGHT
Cash Payment E 609 - 49750 -252 Beer For Resale
BEER
$139.50
Invoice 00750622 5/22/2012
$51.25
Invoice 0057655
Cash Payment E 609 - 49750 -252 Beer For Resale
BEER
$8,039.20
Invoice 691398 5/22/2012
E 609 -49750 -251 Liquor For Resale
LIQUOR
Cash Payment E 609 - 49750 -252 Beer For Resale
BEER
$479.40
Invoice 693258 5/1/1212
$452.00
Cash Payment
Transaction Date 6/6/2012
Wells Fargo 10100
Total $22,588.90
Refer 28
V/NOCOPIA, INCORPORATED
WINE
$236.00
Cash Payment
E 609 - 49750 -253 Wine For Resale
WINE
$2,104.01
Invoice 0057655
6/1/2012
FREIGHT
$8.40
Cash Payment
E 609- 49750 -265 Freight
FREIGHT
$51.25
Invoice 0057655
6/1/2012
WINE
$436.00
Cash Payment
E 609 -49750 -251 Liquor For Resale
LIQUOR
$267.50
Invoice 0057655
6/1/2012
WINE
$452.00
Cash Payment
E 609 -49750 -253 Wine For Resale
WINE
$72.00
Invoice 0057263
5/24/2012
FREIGHT
$8.40
Cash Payment
E 609- 49750 -265 Freight
FREIGHT
$5.00
Invoice 0057263
5/24/2012
FREIGHT
$8.40
Cash Payment
E 609- 49750 -251 Liquor For Resale
LIQUOR
$141.34
Invoice 0057263
5/24/2012
Wells Fargo 10100
Total $1,149.20
Cash Payment
E 609 - 49750 -253 Wine For Resale
WINE
$72.00
Invoice 0056881
5/17/2012
Cash Payment
E 609- 49750 -265 Freight
FREIGHT
$2.50
Invoice 0056881
5/17/2012
Cash Payment
E 609 - 49750 -265 Freight
CREDIT
-$2.50
Invoice 0056352
5/8/2012
Cash Payment
E 609- 49750 -251 Liquor For Resale
LIQUOR CREDIT
- $175.25
Invoice 0056352
5/8/2012
Transaction Date
6/6/2012
Wells Fargo 10100
Total $2,537.85
Refer 29 WINE COMPANY
Cash Payment
E 609 -49750 -253 Wine For Resale
WINE
$236.00
Invoice 300845
5/31/2012
Cash Payment
E 609 - 49750 -265 Freight
FREIGHT
$8.40
Invoice 300845
5/31/2012
Cash Payment
E 609 - 49750 -253 Wine For Resale
WINE
$436.00
Invoice 300383
5/24/2012
Cash Payment
E 609 - 49750 -253 Wine For Resale
WINE
$452.00
Invoice 299745
5/17/2012
Cash Payment
E 609- 49750 -265 Freight
FREIGHT
$8.40
Invoice 300383
5/24/2012
Cash Payment
E 609- 49750 -265 Freight
FREIGHT
$8.40
Invoice 299745
5/17/2012
Transaction Date
6/6/2012
Wells Fargo 10100
Total $1,149.20
Refer 31 WINE CONNECT
Cash Payment E 609 - 49750 -340 Advertising JUNE 2012 HWS WEBSITE $95.12
Invoice 979 6/1/2012
Transaction Date 6/7/2012 Wells Fargo 10100 Total $95.12
Refer 30 WINE MERCHANTS - - 1394-
Transaction Date 6/6/2012 Wells Fargo 10100 Total $15.00
Refer 33
MOUND, MN
06/08/12 8:05 AM
Page 9
Payments
E 609 -49750 -252 Beer For Resale
CITY OF MOUND
$3,885.28
Invoice 899001
Current Period: June 2012
Cash Payment E 609 - 49750 -253 Wine For Resale
WINE
$844.00
Invoice 409468 5/16/2012
$71.10
Invoice 899002
Cash Payment E 609 -49750 -253 Wine For Resale
WINE
$1,401.75
Invoice 410610 5/24/2012
E 609 - 49750 -252 Beer For Resale
BEER
Cash Payment E 609 - 49750 -265 Freight
FREIGHT
$20.58
Invoice 410610 5/24/2012
Cash Payment
Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For
Resa WATER & SODA
$79.00
Invoice 409469 5/16/2012
5/23/2012
Cash Payment E 609 - 49750 -253 Wine For Resale
WINE
$2,268.50
Invoice 411461 5/31/2012
$21.50
Invoice 902177
Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For
Resa MIX
$15.75
Invoice 411462 5/31/2012
E 609 -49750 -252 Beer For Resale
BEER
Transaction Date 6/6/2012
Wells Fargo 10100
Total $4,629.58
Refer 32 WINE NEWS INCORPORATED
Cash Payment
Cash Payment E 609 -49750 -255 Misc Merchandise
For R WINE ENTHUSIAST JUNE 2012
$15.00
Invoice 905168
PUBLICATIONS
Invoice 925678 5/18/2012
Cash Payment
E 609- 49750 -252 Beer For Resale
Transaction Date 6/6/2012 Wells Fargo 10100 Total $15.00
Refer 33
WIRTZ BEVERAGE MN BEER
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$3,885.28
Invoice 899001
5/16/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$71.10
Invoice 899002
5/16/2012
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$288.00
Invoice 899003
5/16/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$5,372.68
Invoice 902176
5/23/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$21.50
Invoice 902177
5/23/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$348.00
Invoice 902942
5/24/2012
Cash Payment
E 609 -49750 -252 Beer For Resale
BEER
$1,751.64
Invoice 905168
5/30/2012
Cash Payment
E 609- 49750 -252 Beer For Resale
BEER
$380.00
Invoice 905169
5/30/2012
Cash Payment
E 609- 49750 -252 Beer For Resale
BEER
$64.50
Invoice 905170
5/30/2012
Cash Payment
E 609- 49750 -252 Beer For Resale
BEER
$370.00
Invoice 905171
5/30/2012
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$5,786.33
Invoice 908324
6/6/2012
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$142.50
Invoice 908325
6/6/2012
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$735.20
Invoice 908326
6/6/2012
Cash Payment
E 609 - 49750 -252 Beer For Resale
BEER
$370.00
Invoice 908327
6/6/2012
Transaction Date 6/6/2012
Wells Fargo 10100
Total $19,586.73
Refer 34 WIRTZ BEVERAGE MN WINE SP/RI _ - 1395-
$178,677.03
Pre - Written Check $0.00
Checks to be Generated by the Computer $178,677.03
Total $178,677.03
-1396-
MOUND, MN
06/08/12 8:05 AM
/ --
Payments
Page 10
CITY OF MOUND
Current Period: June 2012
Cash Payment E 609- 49750 -253 Wine For Resale
WINE
$2,223.60
Invoice 746601 5/17/2012
Cash Payment E 609 - 49750 -251 Liquor For Resale
LIQUOR
$3,962.86
Invoice 746599 5/17/2012
Cash Payment E 609 - 49750 -253 Wine For Resale
WINE
$47.95
Invoice 746602 5/17/2012
Cash Payment E 609 -49750 -251 Liquor For Resale
LIQUOR
$2,677.13
Invoice 749812 5/24/2012
Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX
$64.12
Invoice 746600 5/1712012
Cash Payment E 609 -49750 -253 Wine For Resale
WINE
$899.50
Invoice 749814 5/24/2012
Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX
$33.38
Invoice 749813 5/24/2012
Cash Payment E 609- 49750 -251 Liquor For Resale
LIQUOR
$1,224.04
Invoice 752842 5/31/2012
Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX
$60.33
Invoice 752843 5/31/2012
Cash Payment E 609 - 49750 -253 Wine For Resale
WINE
$1,958.67
Invoice 752844 5/31/2012
Transaction Date 6/6/2012
Wells Fargo 10100
Total $13,151.58
Refer 35 Z WINES USA LLC
_
Cash Payment E 609 - 49750 -253 Wine For Resale
WINE
$160.00
Invoice 11113 5/31/2012
Cash Payment E 609- 49750 -265 Freight
FREIGHT
$5.00
Invoice 11113 5/31/2012
Transaction Date 617/2012
Wells Fargo 10100
Total $165.00
Fund Summary
10100 Wells Fargo
609 MUNICIPAL LIQUOR FUND
$178,677.03
$178,677.03
Pre - Written Check $0.00
Checks to be Generated by the Computer $178,677.03
Total $178,677.03
-1396-
MOUND CITY COUNCIL MINUTES
May 22, 2012
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, May 22, 2012, at 7:00 p.m. in the council chambers of city hall.
Members present: Mayor Mark Hanus; Councilmembers Kelli Gillispie, Ray Salazar, David
Osmek and Heidi Gesch
Others present: City Attorney John Dean, City Clerk Bonnie Ritter, Community Development
Director Sarah Smith, Acting City Manager Catherine Pausche, City Attorneys Melisa
Manderschied and Julie Eddington, Fire Chief Greg Pederson, Roger Brandel, Duane Norberg,
Sean Royer, Johann Chemin, Rnady & Amy Grunow, David Paquette, Tom LaVoie, Mike
Regan, Beverly Paine, David Thompson
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 Hanus called the meeting to order at 7:00 p.m.
2. Pledae of Alleaiance
3. Approve agenda
Hanus indicated that Item 9 should have been included in the Miscellaneous, and requested
that Item 9 be omitted and added to Item 11.
MOTION by Osmek, seconded by Gesch to approve the agenda as amended. All voted in
favor. Motion carried.
4. Consent agenda
Gesch requested the removal of Item H for discussion.
MOTION by Gesch, seconded by Osmek to approve the consent agenda as amended. Upon
roll call vote, all voted in favor. Motion carried.
A. Approve payment of claims in the amount of $148,474.38
B. ORDINANCE NO. 03 -2012: AN ORDINANCE AMENDING ORDINANCE NO. 08 -2003
IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D /B /A
XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MOUND
C. ORDINANCE NO. 04 -2012: AN ORDINANCE AMENDING ORDINANCE NO. 05 -2003
IMPLEMENTING A GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO
FOR PROVIDING GAS SERVICE WITH THE CITY OF MOUND
D. Approve Pay Request No. 5 from Minger Construction, Inc., in the amount of $18,236.92 for
work completed on the 2011 Lift Station Improvement Project, City Project PW -11 -03
E. Approve the following liquor license renewals, contingent upon receipt of all required forms,
fees, and certificates of insurance:
-1397-
Mound City Council Minutes — May 22, 2012
On -Sale Liquor — AI & Alma's Supper Club Corp.
Willette Companies, LLC (dba Carbone's Pizzeria Bar & Grill)
Sunday On -Sale Liquor — Al & Alma's Supper Club Corp.
Willette Companies, LLC (dba Carbone's Pizzeria Bar & Grill)
American Legion Post 398
Club On -Sale Ligour: American Legion Post 398
Off -sale 3.2 Malt Beverages — PDQ Food Stores, Inc.
Northern Tier Retail, LLC (dba SuperAmerica #4194)
F. Approve permits for the Spirit of the Lakes Festival (with fee waivers)
Temporary On -sale Liquor License for July 14, 2012
Temporary On -sale Liquor License for July 19 -22, 2012
Parade Permit for July 21, 2012
Temporary Sign Permit
G. RESOLUTION NO. 12-44: RESOLUTION APPROVING EXPANSION PERMIT FOR 2650
LAKEWOOD LANE
H. (removed)
I. RESOLUTION NO. 12-45: RESOLUTION AMENDING AND REPLACING RESOLUTION
08 -103, APPROVING VARIANCE FOR 1558 DOVE LANE
J. RESOLUTION NO. 12-46: RESOLUTION DESIGNATING HANDICAPPED PARKING ON
A PORTION OF HANOVER ROAD
4H. Sign Variance for Mound MarketPlace
Gesch indicated that she wanted this pulled from the consent agenda because she previously
indicated she was in favor of the color variance, but not the size variance. Osmek also
indicated he didn't have a problem with changing to color, but did not agree with the size
variance.
MOTION by Hanus, seconded by Salazar to adopt the following resolution. The following voted
in favor: Gillispie, Salazar, Hanus. The following voted against: Gesch and Osmek. Motion
carried.
RESOLUTION NO. 12-47: RESOLUTION AMENDING RESOLUTION NO. 03-12,
APPROVING SIGN AREA VARIANCE AND MODIFYING CONDITION TO ALLOW USE OF
COLOR FOR TENANT SIGNAGE AREA IDENTIFICATION SIGN AT MOUND
MARKETPLACE
5. Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
6. Resolution expressing appreciation to City Attorney John Dean
MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12-48: RESOLUTION EXPRESSING APPRECIATION TO CITY
ATTORNEY JOHN DEAN
Mayor Hanus read the resolution aloud and thanked Mr. Dean for his years of service to the City
of Mound. He also introduced Melissa Manderschied, the attorney from Kennedy & Graven that
will now be serving as our City Attorney.
I &S -11
Mound City Council Minutes — May 22, 2012
7. Grant for Fire Department Patters
Roger Brandel, area manager for CenterPoint Energy presented a Community Partnership
Grant Check in the amount of $1,000 to Fire Chief Pederson for Fire Department pagers.
8. Consideration of proposed Walgreens Redevelopment Proiect applications /requ
from Semper Development for certain parcels in vicinity of SW corner of Commerce and
Lynwood Blvds.
The Council will conduct the public hearings concurrently for the rezoning, conditional use
permit, preliminary plat -major subdivision, and vacation of public alley.
Mayor Hanus called the public hearing to order at 7:13 p.m.
Rita Trapp of Hoisington Koegler Group reviewed the following requests from Semper
Development: Subdivision exemption; Alley vacation; Rezoning; CUP including specific sign
program; Preliminary plat; and Final plat
Semper Development has submitted development plans for the redevelopment of the corner of
Lynwood and Commerce Blvds. The site area is 1.3 acres, or 56,494 square feet. It involves
the removal of an existing 15 -unit apartment building and four commercial buildings. The
redevelopment of this site is entirely private with willing sellers. The project includes the
construction of a 14,378 square foot Walgreens and plans for a 1,010 square foot future tenant
building. The development also involves a land transfer between the applicant and the
Hennepin County Regional Rail Authority to modify the amount of right -of -way surrounding the
Dakota Rail Regional Trail located immediately south of the project site.
Trapp reviewed the process, signage, lighting, building fagade entrances, landscaping, and park
dedication. She indicated that the Planning Commission and City Staff recommend approval of
the six resolutions and one ordinance presented, and noted that Kennedy & Graven supplied
the plat opinion.
Mayor Hanus opened the hearing up to public comment.
Johann Chemin, 6039 Beachwood Road, presented the issue he has with parking. He feels
that the parking being proposed is more than what is necessary. He also questioned whether
this proposal is pedestrian friendly, and that is not valid as a Pedestrian Planned Unit
Development. He also stated that there is prime exposure for solar panels and this would be
good for business and set a good example for the community.
Sarah Smith answered by stating that there is no set parking standard in the Pedestrian District,
and that the parking designed for this site is less than what the code would require in a B -1
zone. Hanus stated that this is a mixed commercial use, this qualifies as mixed use and doesn't
have to have residential included.
Duane Norberg, 6015 Aspen Road, stated this is not user /pedestrian friendly as proposed.
There is no access from the Commerce or Lynwood and he asked why they couldn't put an
entrance off at least one of those streets. Hanus stated that that issue was discussed at length
and feels that if Walgreens thinks they're losing business because they don't have a door there,
they can and probably will add one there.
-1399-
Mound City Council Minutes — May 22, 2012
Mike Regan, owner of Porta Del Sol restaurant, asked the Mayor about the comment he made
in the City Contract that there would probably be a bistro /small cafe in the stand alone building,
and previously when he had an application in to the City, Hanus stated that there would be no
bistros /small cafes in this town. Hanus stated that this use had been suggested, but it is up to
Walgreens who they sell that building to, and what they use it for.
Beverly Paine, 5709 Lynwood Blvd. made the Council aware of an issue she has with the
removal of one of the driveways for the apartment buildings, and the added use that puts on the
other driveway that is close to hers. She stated there won't be enough parking and her property
will be affected. Osmek stated that one of the apartments will be removed, along with its
driveway and thus the need for parking will be reduced by half. He also commented that
emergency vehicles have access to her house from Lynwood, and if need be, hoses would
reach to the rear. He also stated that if people are parking in her driveway, she need so take
action and have them towed. It was indicated that City Staff work with Ms. Paine on her issue.
David Thompson, 6108 Bartlett Blvd, asked how much the Council and developer spend on
trying to put the business on Auditors Road. He asked if the City suggested the proposed site
for the development, or did Semper choose the location. Hanus told him that Semper came in
with a development plan for the Lynwood /Commerce site. This was the site they desired after
doing their due diligence.
Tom Lavoie, 6549 Bartlett Blvd, stated he thinks the design is terrific, he loves the fagade with
the turrets, the materials, windows, etc. He is really happy that Walgreens is considering this
project and would like to see this thing go forward. He commended Sarah Smith on her work,
and thanked the Council for pursing this, and for their service to the community.
Johann Chemin, 6039 Beachwood Road, asked the Mayor to explain how he can view this as
pedestrian when it's a traffic oriented business. Hanus stated that downtown business must
cater to pedestrian and auto traffic. If we didn't cater to any care traffic, we will be a ghost town
like years ago. He then explained the definition of a pedestrian planned unit development.
Chemin then restated his issue with the plan offering too much parking.
After no further comment, Mayor Hanus closed the public hearing at 8:48 p.m.
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12-49: RESOLUTION GRANTING APPROVAL OF A SUBDIVISION
EXEMPTION
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12 -50: RESOLUTION GRANTING APPROVAL OF AN ALLEY
VACATION
-1400-
Mound City Council Minutes — May 22, 2012
MOTION by Osmek, seconded by Salazar to pass the following ordinance. All voted in favor.
Motion carried.
ORDINANCE NO. 05 -2012: AN ORDINANCE APPROVING REZONING OF CERTAIN
PARCELS FROM B -1 CENTRL BUSINESS DISTRICT AND R -3 MULTIPLE FAMILY
RESIDENTIAL TO PEDESTRIAN PLANNED UNIT DEVELOPMENT DISTRICT
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12 -51: RESOLUTION GRANTING APPROVAL OF CONDITIONAL USE
PERMIT FOR A PLANNED UNIT DEVELOPMENT
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12 -52: RESOLUTION GRANTING APPROVAL OF PRELIMINARY
PLAT /MAJOR SUBDIVISION FOR CONNER GREEN ADDITION
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12 -53: RESOLUTION GRANTING APPROVAL OF FINAL PLAT /MAJOR
SUBDIVISION FOR CONNER GREEN ADDITION
9. Approval of minutes
MOTION by Salazar, seconded by Osmek to approve the minutes of the April 11, 2012 special
meeting, the May 1, 2012 special meeting, the May 8, regular meeting, and the May 15, 2012
special meeting. All voted in favor. Motion carried.
10. Information /Miscellaneous
A.. Comments /reports from Councilmembers /City Manager
B. Minutes: Docks & Commons Comm. — 4/19/12
Planning Commission — 4/3/12
Parks & Open Space Comm. - 5/10/12
C. Reports: Resolution from St. Boni regarding cooperative fire protection
D. Correspondence: Letter from Lake Minnetonka Conservation District
E. Article: Public Health & Preventive experts recommend against
privatization of retail alcohol sales in places that currently
have government control
11. Adiourn
MOTION by Osmek, seconded by Salazar to adjourn at 8:54 p.m. All voted in favor. Motion
carried.
Mayor Mark Hanus
Attest: Bonnie Ritter, City Clerk
-1401-
MOUND CITY COUNCIL MINUTES
May 29, 2012
The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on
Tuesday, May 29, 2012, at 6:30 p.m. in the council chambers of city hall.
Members present: Mayor Mark Hanus; Councilmembers Kelli Gillispie, Ray Salazar, David
Osmek and Heidi Gesch
Others present: Community Development Director Sarah Smith, Howard Bergerud, Stephanie
Bolles, Blaze Fugina.
1. Open meeting
Mayor Hanus called the meeting to order at 6:30 p.m.
2. Approval of resolution adopting Comp Plan Amendment
Mayor Hanus stated that the items on the agenda tonight are relative to a project that has been
before the Council before, and discussed at length.
MOTION by Salazar, seconded by Osmek to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12 -54: RESOLUTION ADOPTING THE MOUND COMPREHENSIVE
PLAN AMENDMENT FOR WALGREENS REDEVELOPMENT PROJECT AND PUTTING THE
COMPREHENSIVE PLAN AMENDMENT INTO EFFECT
3. Approval of resolution terminating CUP
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO.12 -55: RESOLUTION TERMINATING CONDITIONAL USE PERMIT (CUP)
APPROVED BY RESOLUTION NO. 90 -72 BY THE CITY COUNCIL ON JULY 30, 1990, AND
RECORDED IN THE OFFICE OF THE REGISTRAR OF TITLES OF HENNEPIN COUNTY,
MINNESOTA ON NOVEMBER 1, 1990, AS DOCUMENT NO. 2134072
4. Adjourn
MOTION by Osmek, seconded by Salazar to adjourn at 6:32 p.m. All voted in favor. Motion
carried.
Mayor Mark Hanus
Attest: Bonnie Ritter, City Clerk
-1402-
MEMORANDUM
TO: Honorable Mayor and City Council
FROM: Jim Fackler, Public Works Superintendent
DATE: May 15, 2012
RE: Public Lands Alteration Permit — Proposal for sumac and brush removal
project on Devon Common by William C. Dahlen, 4555 Island View Drive
Mound, MN 55364
Request for Public Lands Permit. City Code Section 62 -11 regulates use of public lands
in the City of Mound and states that construction of any kind on any public way, park or
commons, or the alteration of the natural contour of any public way, park, or commons,
is unlawful unless a special construction on public land permit is issued.
Summary of Request. William C. Dahlen of 4555 Island View Drive Mound, MN 55364,
is requesting approval of a Public Lands Alteration Permit application so as to undertake
an sumac and brush removal along Devon Common adjacent to his home.
City Department Review. Copies of the request and all supporting materials were
forwarded to all applicable City departments for review and comment. All written
comments received to date have been summarized below:
Public Works Superintendent Jim Fackler
1. All sumac and brush is to be removed and disposed of off site from Devon
Common.
2. Notification of staff, Jim Fackler, Public Works Superintendent, 612 - 221 -6812, 48
hour before the work is to be performed and schedule a meeting on site for
review.
3. Applicant is responsible for all costs incurred.
-1403-
Public Works Director, Carlton Moore
1. No Comment
Public Works Supervisor Ray Hanson
1. Applicant to get utility locations prior to work.
Police Chief, Dean Mooney
1. No Comment
Fire Chief, Greg Pederson
1. No Comment
City Manager, Kandis Hanson
1. No Comment
Staff recommendation. Approve with the staff stipulations listed above.
-1404-
CITY OF MOUND
RESOLUTION NO. 12-
RESOLUTION APPROVING A PUBLIC LANDS ALTERATION PERMIT FOR WILLIAM C.
DAHLEN TO REMOVE SUMAC AND BRUSH FROM DEVON COMMON
WHEREAS, the applicant, William C. Dahlen 4555 Island View Drive Mound, MN 55364, is
seeking a Public Lands Alteration Permit to undertake removal of sumac and brush along
Devon Common adjacent to his property.
WHEREAS, City Code Section 62 -11, requires City Council approval by a majority vote for
construction of any kind on any public way, park or commons, or the alteration of the natural
contour of any public way, park or commons; and
WHEREAS, details regarding the request are contained in the Public Lands Alteration Permit
Report dated April 30, 2012; and
WHEREAS, based on its review, Staff recommended approval of the Public Lands Alteration
Permit subject to conditions; and
WHEREAS, the City Council considered this request at their meeting of Tuesday, June 12,
2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to
approve the Public Lands Alteration Permit as submitted by William C. Dahlen of 4555 Island
View Drive Mound, MN 55364 to conduct stenciling of removal of sumac and brush as outlined
in the Public Lands Application dated April 30, 2012 with the following conditions;.
1) All sumac and brush is to be removed and disposed of off site from Devon Commons.
2) Notification of staff, Jim Fackler, Public Works Superintendent, 612 - 221 -6812, 48
hours before the work is to be performed and schedule a meeting on site for review.
3) Applicant is to be responsible for all costs incurred.
4) Applicant to locate all utilities prior to work.
Adopted by the City Council this 12th day of June, 2012.
Mayor Mark Hanus
Attest: Bonnie Ritter, City Clerk
-1405-
5341 Maywood Road
Mound, MN 55364
(952) 472 -0600
MEMORANDUM
To: Honorable Mayor and City Council
Date: June 6, 2012
Re: 2012 Spirit of the Lakes Temporary Sign Permit
Surfside Sand Volleyball Tournament
SUMMARY
Kelli Gillispie, on behalf of the 2012 Spirit of the Lakes committee, is requesting approval of a
temporary sign permit to allow placement of signage associated with the Surfside Sand Volleyball
Tournament being held in July. The following banner locations are being requested:
• County Road 110 at Bartlett Boulevard (west side of CR 110)
• County Road 15 at Norwood Lane (southeast corner)
• Hubers Funeral Home
• Bartlett Boulevard and Wilshire Boulevard
Details regarding the request are contained in the attached permit application. An additional
request was made by City Manager Kandis Hanson to allow the use of special event signs for a
period beyond the standard five day allowance (June 20 —July 15). Waiver of the temporary
permit application fee is also being requested.
RECOMMENDATION
City staff recommends approval of the sign permit as requested, including extended time periods
and fee waiver subject to the following conditions:
1. The applicant shall work with Staff to evaluate all proposed sign locations. The applicant
shall be responsible for obtaining permission from the current property owner for sign
placement on private property.
2. All signage is removed immediately following the event.
3. No signs can be placed within any county road right of way unless approval is granted by
Hennepin County.
4. No sign shall be placed in the sight triangle or obstruct vehicle or pedestrian traffic. Sign
placement shall be subject to field modification by Mound Staff, if needed.
-1406-
5341 Maywood Road, Mound, MN 55364
Phone 952 -472 -0600 Fax 952 - 472 -0620
SEASONAL, BANNER, &
PORTABLE SIGN PERMIT
APPLICATION
SITE
Property Address
Zone
Business Name
Phone
APPLICANT
Name
Email
Phone
Fax Other
OWNER
Name
Phone
Fax Other
SIGN
Company Name
CONTRACTOR
Address
Contact Person V. - m
L aZ:k Email
Phone M7,, Q.
L g Fax Other
See City Code Chapter 119-4
❑ Seasonal Sign $25 - Dates from.to' Size feet x T 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
X 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.
Banner /Pennant $25 - Dates from to
Describe event
Sign locations (list or attach map) 3
3
Temporary banners and pennants employed for grand openings or business establishments, special events or
promotions and holidays are not exempt from permits and fees and shall be removed within fifteen (15) 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 to Number of signs
Sign locations (list or attach map)
Describe sign (message, materials, etc.)
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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 ten (10) 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.
ATURE
DATE
(OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS:
RECEIV BY & DATE
PLANS CHECKED BY
APPROVED BY & DATE
COPIED
APPROVED
ZONING
II
Juste 6, 2012
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 Chaska, MN 55318 -1172
Phone (952) "8 -8838 • Fax (952) 448 -8805
www.bolton- menk.com
City of Mound
Honorable Mayor and Members of the City Council
5341 Maywood Road
Mound, MN 55364
RE: Agreement for Professional Services
Honorable Mayor and Council Members:
I NCB
Attached is the updated Consulting City Engineering Services agreement between the City of Mound and Bolton
& Menk, Inc. Under the terms of the Agreement we are respectfully requesting a three -year extension.
Despite many increasing business expenses, as a company, we work very diligently at providing you high
quality services as efficiently as possible. This commitment has enabled us to increase our aggregate hourly
rates for our Chaska office staff an average of only 1.5% per year for the past five years! In addition, we have
continued the municipal discount for key staff working in your community as provided for in the original
contract which offers hourly rate reductions from 30% to over 50% for certain key staff members working on
general city matters.
We sincerely appreciate your confidence in our engineering abilities and we take pride in the significant
infrastructure improvements completed in Mound with you and your wonderful staff. We look forward to
continuing our relationship with the City of Mound and working hard for you and your community for the next
three years!
Respectfully Submitted,
BOLTON & MENK, INC.
Kreg J. Schmidt, P.E.
Vice President
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DESIGNING FOR A BETTER TOMORROW
Balton & Menk is an equal opportunity employer.
AGREEMENT FOR PROFESSIONAL SERVICES
CONSULTING CITY ENGINEERING SERVICES
CITY OF MOUND, MINNESOTA
This Agreement, made this the day of , 2012, by and between the City of Mound,
Minnesota, 5341 Maywood Road, Mound, MN 55364 -1687, hereinafter referred to as CLIENT, and
Bolton & Menk, Inc., 2638 Shadow Lane, Suite 200, Chaska, MN 55318 -1172, hereinafter referred
to as CONSULTANT.
WITNESS, whereas the CLIENT requires professional engineering and surveying services in association
with providing Consulting City Engineering Services and whereas the CONSULTANT agrees to furnish
the various professional services required by the CLIENT.
NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto,
it is agreed:
SECTION I - CONSULTANT'S SERVICES
A. The CONSULTANT agrees to perform professional engineering and surveying services as
described in Exhibit I.
B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described
in Exhibit I or as described in Paragraph IV.B.
SECTION II - THE CLIENT'S RESPONSIBILITIES
A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this
Agreement.
B. The CLIENT shall place any and all previously acquired information in its custody at the
disposal
of the CONSULTANT for its use, Such information shall include but shall not be limited
boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil
surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements,
environmental reviews, and zoning limitations. The CLIENT will assist the CONSULTANT in
determining the extent to which the information provided may be relied upon to perform
CONSULTANT'S services.
C. The CLIENT will work with the CONSULTANT to obtain entry upon both public and private
lands effected by and associated with CONSULTANT'S services.
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D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or
otherwise becomes aware of any defect in CONSULTANT'S services.
E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to
services to be rendered under this Agreement. Said representative shall have the authority to
transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S
policies with respect to CONSULTANT'S services.
F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance
counseling services as may be required for completion of CONSULTANT'S services.
G. The CLIENT will work with the CONSULTANT as needed to apply for any and all regulatory
permits required for the proper and legal execution of CONSULTANT'S services.
H. The CLIENT will hire, when requested by the CONSULTANT, an independent testing company to
perform laboratory and material testing services, and soil investigation that can be justified to
complete a proper design and the CONSULTANT'S services. The CONSULTANT shall assist the
CLIENT in selecting a testing company. Payment for testing services shall be made directly to the
testing company by the CLIENT and is not part of this Agreement.
SECTION III - COMPENSATION FOR SERVICES
A. COMPENSATION CHARGE METHODOLOGY
Compensation for all services performed by the CONSULTANT on behalf of the CLIENT in
accordance with Exhibit I will be on an hourly basis in accordance with the 2012 Billing Schedules
included below.
B. HOURLY BILLING SCHEDULES
2012 Hourly Billing Schedule For Key Mound Staff
Kev Individual* Hourly Rate Special Rater*
Dan Faulkner, Consultant City Engineer .. ............................... $ 142 65
Sheila Krohse, Assistant Consultant City Engineer ................
$ 99 $ 55
Primary Resident Project Representative (RPR) * ** ...............
$ 82 $ 55
John Swanson, Senior Project Engineer ... ...............................
$ 126
Nate Stadler, Licensed Surveyor .............. ...............................
$ 110
Bob Bean, Water Resources Engineer ...... ...............................
$ 98
Josh Eckstein, Design Engineer ................ ...............................
$ 94
* Any modifications to the list of Key Individuals prior to the end of contract period shall
be approved by the CLIENT.
* *Applies to non- project related general city engineering services:
Dan Faulkner — first 20 hours per month
Sheila Krohse — first 10 hours per month
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Primary RPR — first 10 hours per month
* ** The CLIENT must approve the Primary RPR to be used by the CONSULTANT.
2012 Hourly Billing Schedule For General Staff
Principal Engineer /Surveyor .................. ...............................
....................$ 175 /Hour
Senior Associate Engineer /Surveyor ........ ...............................
..................$110 150 /Hour
Senior Project Manager /Engineer .......... ...............................
....................$100 1
Associate Engineer /Surveyor .................................................
...................$ 140 /Hour
Project/Design Engineer ........................................................
...................$ 105 /Hour
LicensedSurveyor .......................................................... ...........................$
120 /Hour
ProjectSurveyor ....................................................................
....................$55- 95/Hour
SeniorTechnician ..................................................................
...................$ 115 /Hour
Technician ................................................................... ...............................
$ 50- 85
Resident Field Technician .....................................................
....................$ 85 /Hour
Clerical............................................................................. .........................$
-65 /Ho
City Council Meetings/Planning Commission Attendance ...
....................$60/Meeting
GPS /Robotic Survey Equipment .................................. ...............................
No Charge
ComputerTime ............................................................ ...............................
No Charge
OfficeSupplies ............................................................ ...............................
No Charge
Photocopying .............................................................. ...............................
No Charge
FieldSupplies .............................................................. ...............................
No Charge
Mileage ........................................................................ ...............................
No Charge
Hourly charges for work completed are based on hours spent at the hourly rates in effect for the
individuals performing the work. The hourly rates vary according to skill and experience. The
Hourly Billing Schedules identified herein shall apply for the period through 2012. These rates
may be adjusted annually thereafter to account for changed labor costs, inflation or changed
overhead conditions.
The hourly rates identified herein include labor, general business and other normal and
customary expenses associated with operating a professional business and include vehicle and
personal expenses, mileage, telephone, cell phone, survey stakes and routine expendable
supplies; and no separate charges will be made for these activities and materials. Extraordinary
expenses beyond the agreed scope of services and non - routine expenses, such as outsourced
photocopying/reproductions, out - sourced graphics, document recording fees, and permit fees
will be pre - approved and invoiced separately.
C. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not
more often than monthly at the herein rates and methodology.
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SECTION IV - GENERAL
A. STANDARD OF CARE
Professional services provided under this Agreement will be conducted in a manner consistent with that
level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing
under similar conditions.
B. CHANGE IN SERVICE SCOPE
In the event the CLIENT changes or is required to change the scope of the CONSULTANT'S services as
described in Section I and/or the applicable addendum, and such changes require Additional Services by
the CONSULTANT, the CONSULTANT shall be entitled to compensation at the applicable hourly rates.
The CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such
additional services. The CLIENT may request an estimate of additional cost from the CONSULTANT,
and upon receipt of the request, the CONSULTANT shall furnish such, prior to authorization of the
changed scope of work.
C. LIMITATION OF LIABILITY
CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials, agents and
employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses
of litigation) arising from, or based in the whole, or in any part, on any negligence act or omission by
CONSULTANT'S employees, agents, or subconsultants. In no event shall CLIENT be liable to
CONSULTANT for consequential, incidental, indirect, special, or punitive damages.
CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from any loss,
claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from,
or based in the whole, or in any part, on any negligence act or omission by CLIENT'S employees, agents,
or consultants. In no event shall CONSULTANT be liable to CLIENT for consequential, incidental,
indirect, special, or punitive damages.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services
under this Agreement are being performed solely for the CLIENT'S benefit and no other entity shall have
any claim against the CONSULTANT because of this Agreement or the performance or nonperformance
of services hereunder. The CLIENT agrees to include a provision in all contracts with contractors and
other entities involved in this project to carry out the intent of the paragraph.
Nothing in this Section shall be construed as a waiver of any liability limits or immunities contained in
Minnesota Statutes, Chapter 466.
D. INSURANCE
The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's
compensation coverage.
The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, general liability insurance
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coverage insuring CONSULTANT against claims for bodily injury, death or property damage arising out
of CONSULTANT'S general business activities (including automobile use). The liability insurance policy
shall provide coverage for each occurrence in the minimum amount of $1,000,000.
During the period of service provision, the CONSULTANT also agrees to maintain, at
CONSULTANT'S expense, Professional Liability Insurance coverage insuring CONSULTANT against
damages for legal liability arising from an error, omission or negligent act in the performance of
professional services required by this Agreement, providing that such coverage is reasonably available
at commercially affordable premiums. For purposes of this Agreement, "reasonably available" and
"commercially affordable" shall mean that more than half of the design professionals practicing in this
state in CONSULTANT'S discipline are able to obtain coverage. The professional liability insurance
policy shall provide coverage for each occurrence in the amount of $1,000,000 and annual aggregate of
$1,000,000 on a claims -made basis. In addition, the consultant shall name the CLIENT an additional
insured and maintain this status during the term of this Agreement.
The CONSULTANT shall provide CLIENT with certificates of insurance, showing evidence of required
coverages.
E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST
Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of
construction cost will generally be based upon public construction cost information. Since the
CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather
conditions and other factors affecting the cost of construction, all cost estimates are opinions for general
information of the CLIENT and the CONSULTANT does not warrant or guarantee the accuracy of
construction cost opinions or estimates. The CLIENT acknowledges that costs for project financing
should be based upon contracted construction costs with appropriate contingencies.
F. CONSTRUCTION SERVICES
It is agreed that the CONSULTANT and its representatives shall not be responsible for the means,
methods, techniques, schedules or procedures of construction selected by the contractor or the safety
precautions or programs incident to the work of the contractor.
G. USE OF ELECTRONIC /DIGITAL DATA
Because of the potential instability of electronic /digital data and susceptibility to unauthorized changes,
copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known
as hard copies) that are signed or sealed by CONSULTANT. Except for electronic /digital data which is
specifically identified as a project deliverable by this AGREEMENT or except as otherwise explicitly
provided in this AGREEMENT, all electronic /digital data developed by the CONSULTANT as part of
the CONSULTANTS services are acknowledged to be an internal working document for the
CONSULTANT'S purposes solely and any such information provided to the CLIENT shall be on an
"AS IS" basis strictly for the convenience of the CLIENT without any warranties of any kind. As such,
the CLIENT is advised and acknowledges that use of such information may require substantial
modification and independent verification by the CLIENT (or its designees). Provision of
electronic /digital data, whether required by this Agreement or provided as a convenience to the Client,
does not include any license of software or other systems necessary to read, use or reproduce the
information. It is the responsibility of the CLIENT to verify compatibility with its system and long-
term stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its
Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of
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or resulting from third party use or any adaptation or distribution of electronic /digital data provided
under this AGREEMENT, unless such third party use and adaptation or distribution is explicitly
authorized by this AGREEMENT or subsequent agreement(s).
H. REUSE OF DOCUMENTS
Drawings and Specifications and all other documents (including electronic and digital versions of any
documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are instruments of
service in respect to the Project and CONSULTANT shall retain an ownership interest therein. Upon
payment of all fees owed to the CONSULTANT, the CLIENT shall acquire an ownership interest in all
identified deliverables, including Plans and Specifications, for any reasonable use relative to the Project
and the general operations of the CLIENT. CLIENT may make and disseminate copies for information
and reference in connection with the use and maintenance of the Project by the CLIENT. However, such
documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of
the Project or on any other project and any reuse other than that specifically intended by this
AGREEMENT will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT.
I. CONFIDENTIALITY
CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than
CONSULTANT'S employees and subconsultants any information obtained from CLIENT not previously
in the public domain or not otherwise previously known to or generated by CONSULTANT. These
provisions shall not apply to information in whatever form that comes into the public domain through no
fault of CONSULTANT; or is furnished to CONSULTANT by a third party who is under no obligation to
keep such information confidential; or is information for which the CONSULTANT is required to
provide by law or authority with proper jurisdiction; or is information upon which the CONSULTANT
must rely for defense of any claim or legal action.
PERIOD OF AGREEMENT
This Agreement will remain in effect for a period of three (3) years or after which time the Agreement
may be extended upon mutual agreement of both parties.
K. PAYMENTS
If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days
after date of the CONSULTANT'S invoice, a service charge of one and one -half percent (1.5 %) per
month or the maximum rate permitted by law, whichever is less, will be charged on any unpaid balance.
In addition after giving seven days' written notice to CLIENT, CONSULTANT may, without waiving any
claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT, suspend
services and withhold project deliverables due under this Agreement until CONSULTANT has been paid
in full all amounts due for services, expenses and charges.
L. TERMINATION
In addition to the right of termination granted client in paragraph TA. this Agreement may be terminated
by either party for any reason, which reason shall be deemed legally sufficient, or for convenience by
either party upon thirty (30) days written notice,
hi the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of
amounts due and owing including payment for services performed or furnished to the date and time of
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termination, computed in accordance with Section III of this Agreement.
M. CONTINGENT FEE
The CONSULTANT warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement, and that it
has not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from
award or making of this Agreement.
N. NON - DISCRIMINATION
The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that
all employees, persons seeking employment, subcontractors, subconsultants and vendors are treated
without regard to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital
status, public assistance status or any other characteristic protected by federal, state or local law.
O. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Minnesota.
P. DISPUTE RESOLUTION
CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of
thirty (30) days from the date of notice of dispute prior to proceeding to formal dispute resolution or
exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall
first be submitted to mediation by a mediator mutually agreeable to the parties. CONSULTANT and the
CLIENT agree to require an equivalent mediation process governing all contractors, sub - contractors,
suppliers, consultants, and fabricators concerned with this Agreement. The parties reserve all rights and
remedies available to them at law or in equity in the event the dispute is not resolved by mediation.
Q. SURVIVAL
All obligations, representations and provisions made in or given in Section IV of this Agreement will
survive the completion of all services of the CONSULTANT under this Agreement or the termination of
this Agreement for any reason.
R. SEVERABILITY
Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall
be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT
and CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision
or part thereof with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
S. RECORD KEEPING
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Pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5, CONSULTANT agrees that the books,
records, documents, and accounting procedures and practices of CONSULTANT, that are relevant to the
contract or transaction, are subject to examination by the CLIENT and either legislative auditor or the
state auditor for a minimum of six years. CONSULTANT shall maintain such records for a minimum of
six years after final payment.
Pursuant to Minnesota Statutes, Section 13.05, Subdivision 11, all of the data created, collected, received,
stored, used, maintained, or disseminated by CONSULTANT in performing this Agreement is subject to
the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and
CONSULTANT must comply with those requirements as if it were a government entity. The remedies in
Minnesota Statutes, Section 13.08, apply to CONSULTANT. CONSULTANT does not have a duty to
provide access to public data to the public if the public data are available from the CLIENT.
T. ADDITIONAL TERMS AND CONDITIONS
1. The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any
interest in the same without prior written consent of the CLIENT.
2. For the purposes of this Agreement, the CONSULTANT shall be deemed to be an
independent contractor and not an employee of the CLIENT. Any and all agents, servants or
employees of the CONSULTANT or other person, while engaged in the performance of any
work or services required to be performed by the CLIENT under this Agreement, shall not
be considered employees of the CLIENT and any and all actions which arise as a
consequence of any act or omission on the part of the CONSULTANT, its agents, servants,
employees or other persons shall in no way be the obligation or responsibility of the
CLIENT. The CONSULTANT, its agents, servants or employees shall be entitled to none of
the rights, privileges or benefits of the CLIENT employees, except as otherwise may be
stated herein.
3. The CONSULTANT further agrees to comply with all federal, state and local laws or
ordinances, and all applicable rules, regulations and standards established by any agency of
such governmental units, which are now or hereafter promulgated insofar as they relate to the
CONSULTANT'S performance of the provisions of this Agreement.
4. If, for any reason, the CONSULTANT shall fail to fulfill in timely and proper manner the
obligations under this Agreement, the CLIENT shall reserve the right to terminate this
Agreement by specifying the date of termination in a written notice to the CONSULTANT at
least thirty (30) calendar days before the termination date. In this event, the CONSULANT
shall be entitled to just and equitable compensation for any satisfactory work completed.
5. No official or employee of the CLIENT who exercises any responsibilities in the review,
approval or carrying out of this Agreement shall participate in any decision which affects his
or her direct or indirect personal or financial interest.
6. All communications in writing between the parties shall be deemed to have been received by
the addressee if delivered to the other party, or if sent by post or by facsimile addressed as
noted above in this Agreement.
7. Neither the CLIENT nor CONSULTANT shall assign this Agreement without the prior
consent in writing of the other.
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SECTION V - SIGNATURES
THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms,
conditions or obligation referring to the subject matter other than contained herein. This Agreement may
only be amended, supplemented, modified or canceled by a duly executed written instrument signed by
both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf.
CLIENT: City of Mound, Minnesota CONSULTANT: Bolton & Menk, Inc.
By:
Printed Name:
Title:
Date:
Attest:
Printed Name:
Title:
Date:
By:
Printed Name:
Title:
Date:
Attest:
Printed Name:
Title:
Date:
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EXHIBIT I
CONSULTING CITY ENGINEERING SERVICES
CITY OF MOUND, MINNESOTA
In accordance with the Request for Proposals dated October 14, 2005, the CONSULTANT will furnish
the following Consulting City Engineering Services, as requested and authorized by the CLIENT:
A. General and Project Management
• Assist in planning, coordinating, supervising and evaluating programs, plans, services,
equipment and infrastructure
• Develop and recommend policies and procedures for effective operation of the department
consistent with city policies and relevant laws, rules and regulations and ensures council
actions are implemented.
• Evaluate public works needs and formulates short and long range plans to meet needs in all
areas of public works improvements, including but not limited to streets, water, sewer, storm
drainage, street lights, parks and buildings
• Direct engineering activities on projects and oversees project management for the construction
of the municipal public works projects
• Ensure that costs and fees are charged back to development projects; work with the Finance
Director to monitor charges and revenues associated with development projects
• Assist with the preparation of annual engineering budget and monitors expenditures
B. Construction Services (Public and Private Projects)
• Plan and review construction projects and specifications
• Monitor the construction process for compliance with codes, regulations, standards and with
approved plans; assure financial accountability of private projects as they relate to escrows
and letters of credit. Provide advice to the City during performance of construction projects
and shall give consideration and advice to the City during the performance of services
• Prepare and review construction plans
• Review bids and prepare bid tabulations
• Perforni construction staking and surveying
C. Preparation of Engineering Reports and Technical Correspondence
• Determine the need for preliminary studies, reviews all preliminary studies for compliance
with ordinances, comprehensive plans, engineering standards and financial guidelines
including:
• Feasibility reports
• Construction inspection
• Assist with assessment rolls
• Plat review
• Utility studies
• Traffic studies
• State aid reports
-1419 -
10of11
• Storm water system analysis and Management Plan
• Capital Improvement Planning studies
• Prepare comments regarding reports, plans and studies of other agencies
• Present feasibility studies at public meetings
D. Participate in City meetings, including:
• Internal and external meetings involving engineering questions and issues
• Meet with developer and members of the public on proposed development projects, in order
to relate the processes and procedures involved with engineering and infrastructure
development. Review development proposals for conformance with City Standards
• Act as City liaison and City representative with other communities and county, state and
federal agencies in areas of responsibility
• Attend City Council meetings and work sessions, as needed
• Attend Parks, Open Space and Docks Advisory Commission, and Planning Commission
meetings, as needed
• Attend other City meetings, as needed
E. Respond to Constituent Requests and Issues as Directed by Staff
• Perform field inspections
• Address constituent concerns personally and in writing
• Make public presentations
• Provide recommendations to staff and City Council
-1420-
11 of 11
I 9;z=PC> L - r (=> r-- , j & NA ;== r- t-<,,
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 - Chaska, MN 55318 -1172
Phone (952) 448 -8838 • Fax (952) 448 -8805
www.bolton- menk.com
June 6 2012
Ms. Kandis Hanson, City Manager
City of Mound
5341 Maywood Road
Mound, MN 55364
RE: Island View Dr. — Windsor Rd.
City Project No. PW -12 -07
Pay Request No. 3
Dear Ms. Hanson:
Watermain Loop Improvement Project
Please find enclosed Pay Request No. 3 from Minncomm Utility Construction Company for
work completed on the Watermain Loop Improvement Project from April 28, 2012 through May
25, 2012. All work is complete but we have not received the required lien waivers, so we are still
withholding 5 percent retainage.
We have reviewed the contractor's request, verified quantities and recommend payment in the
amount of $24,649.41 to Minncomm Utility Construction Company.
Sincerely,
BOLTON & MENKK, INC.
NZ V Z�z 44 � ��-
Daniel L. Faulkner, P.E.
City Engineer
DLF /dlp
cc: Carlton Moore, Director of Public Works
Catherine Pausche, Director of Finance
HAMOUNIC 1210325411_ CorreslD. Docs12012 -06 -06 Ltr of Reedn, Pay Reqt No. 3,doc
DESIGNING FOR A BEl7ER TOMORROW
Bolton & Menk is an equal opportunity employer
-1421-
DATE: 5/25/2012
CONTRACTOR PAY REQUEST NO. 3 CONTRACTOR Minncomm
ISLAND VIEW DR. - WINDSOR RD, WATERMAIN LOOP OWNER City of Mound
CITY PROJECT NOS. PW-12-07 ENGINEER Bolton & Menk
BMI PROJECT NO. C12.103254
FOR WORK COMPLETED FROM 412812012 THROUGH 5125/2012
TOTALAMOUNT BID ......... —.— . ............. ............................. .. ............................ ...... .............................................. $ 96,817.50
APPROVED CHANGE ORDERS ........ -- ............. ......... I. ---, ......... I ....... .......... .......... -'-1-1- $
CURRENT CONTRACT AMOUNT..,..... . ........... ....... ...... -- ...... $ 95,817.50
TOTAL COMPLETED WORK TO DATE ..................................................................... .......I. ......... .............. $ 84,714.25
TOTAL, STORED MATERIALS TO DATE ........................................................... ............. ....... - ......................... $ -
DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED... .................... .................... ....... $ -
TOTAL, COMPLETED WORK & STORED MATERIALS ........ ....... .............................................. . ............ ........... 84,714.25
RETAINED PERCENTAGE 6% ) ............. . ............ .; ................ ................. I
............. ........ $ 4,236.71
TOTAL AMOUNT OF OTHER DEDUCTIONS..... ............................... ............
NET AMOUNT DUE TO CONTRACTOR TO DATE— ...................... - .......... .......... .......... ............... $ 80,478.54
TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES .......... 11- .... .......... — ....... ............. — ....... $ 55,829.13
PAY CONTRACTOR AS ESTIMATE 3.. ....... ;: v ....... ...... ............ ........ $ 24,649.41
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 compiled with and that
all claims against me by reason of the Contract have been paid or satisfactorily secured,
Contractor: Minncornm Utility Construction Company
1949 Shady Acres Lane
Mora, MN 55051
By
Name Title
Date
CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT:
BOLTON & ME INC., ENGINEERS, 2638 SHADOW LN, SUITE 200, CHASKA MN 55318
By PROJECT ENGINEER
Daniel L. Faulkner
Date & /& / 1"7'
APPROVED FOR PAYMENT:
Owner: CITY OF MOUND
By
Name Title Date
-1422-
PER => L- 7 rC>" 81L. NA E " 1-< I
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172
Phone (952) 448-8838 • Fax (952) 448-8805
www.bolton-menk.com
June 6, 2012
Ms. Kandis Hanson, City Manager
City of Mound
5341 Maywood Road
Mound, MN 55364
RE: 2012 Street, Utility, Lift Station and Retaining Wall Improvement Project
City Project Nos. PW- 12 -01, 12-03, 12-04
Pay Request No. I
Dear Ms. Hanson:
Please find enclosed Pay Request No. I from GMH Asphalt Corporation for work completed on
the 2012 Street, Utility, Lift Station and Retaining Wall Improvement Project from May 14,
2012 through June 1, 2012.
We have reviewed the contractor's request, verified quantities and recommend payment in the
amount of $221,161.22 to GMH Asphalt Corporation.
Sincerely,
BOLTON & MEND, INC.
J
Daniel L. Faulkner, P.E.
Mound City Engineer
cc: Carlton Moore, Director of Public Works
Catherine Pausche, Director of Finance
-1423-
DATE. 61612012
CONTRACTORS PAY REQUEST NO. 1 CONTRACTOR GMH Asphalt Corp.
2012 STREET IMPROVEMENTS OWNER City of Mound
CITY PROJECT NOS. PW- 12 -01, 12 -03, 12 -04 ENGINEER Bolton & Menk
BMI PROJECT NO. C12,103970
FOR WORK COMPLETED FROM 5114/2012 THROUGH 6t112012
TOTALAMOUNT BID ...... ........ .......................................... ........................................................................•. $ 3,542,611.68
APPROVED CHANGE ORDERS... ......
CURRENT CONTRACT AMOUNT.. ........ ...... ......... ........... ......
$ 3,542.611.158
TOTAL, COMPLETED WORK TO DATE.. ........ ....... ..................... . .................... ...........................
232,801.28
TOTAL, STORED MATERIALS TO DATE ...... .............. ................... ......... ............ ,, , < ,; > ........I...............
$
DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED ........... .................. ......... ......... ...........
$ -
TOTAL, COMPLETED WORK & STORED MATERIALS.. —,— ...... ............. ....... I ................................
$ 232,801.28
RETAINED PERCENTAGE 5% ..... ........1. 1-1;-- ................. ........ .............. -- .........
$ 11,640.06
TOTAL AMOUNT OF OTHER DEDUCTIONS._.... ......... ......._. ...... ....... ........................ ...........
$ -
NET AMOUNT DUE TO CONTRACTOR TO DATE ..... —.,— ............... --- .......................... ..................... ......
$ 221,161.22
TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES,..............._.. - .............. ....... ......... I ........
$ -
PAY CONTRACTOR AS ESTIMATE NO. I.... ........... ....... ......... ............ -- .......
$ 221,161.22
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 provislons of M. & 290.92 have been compiled with and that
all claims against me by reason of the Contract have been paid or satisfactorily secured.
Contractor. GMH Asphalt Corporation
9180 Lake Town Road
Chaska, MN 55318
By
Name Title
Date
CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT:
BOLTON & ME INC.. ENGI ERS, 2638 SHADOW LN, SUITE 200, CHASKA MN 55318
By PROJECT ENGINEER
Daniel L. Faulkner
Date 6 /& IIX_
APPROVED FOR PAYMENT'
Owner: CITY OF MOUND
By
Name Title Date
-1424-
Consulting. Engineers & Surveyors
2638 Shadow Lane, Suite 200 • Chaska, MN 55318 -1172
Phone (952) 448 -8838 - Fax (952) 448 -8805
wwwbolton- menk.com
June 7, 2012
Honorable Mayor and Members of the City Council
City of Mound
5341 Maywood Road
Mound, MN 55364
RE: 2012 Seal Coat & Crack Sealing Project
City Project No. PW -12 -06
Dear Mayor and Members of the Council:
An important part of maintaining and extending the life of the newly reconstructed City streets, completed
under the 10 -year Street Reconstruction Program, is to seal surface cracks and seal the surface mat with a
mixture of oil emulsion and rock chips. The time when this is typically completed is between the 5 and
7` year after a street has been reconstructed. The City has completed such projects the past two years,
including the Three Points Area in 2010 and the Highlands area in 2011.
This year, due to less available fiends, we are proposing a smaller overall project. The proposed area
includes the Shirley Hills area (2007 Street Reconstruction area streets south of Shoreline Boulevard).
Depending upon the bid prices we receive to complete this work, we may be able to add the City Hall and
Public Safety parking lots. Since the total available project funding is $80,000, we are proposing to
receive quotes for both the Crack Sealing work and the Seal Coat work. There are only a small number of
contractors that do this type of work, so receiving quotes will enable the City to receive competitive bids
without the cost of advertising.
The work will be specified to be completed over a designated number of continuous days during the
summer months. The crack sealing work will be completed first followed by the seal coating of the same
streets. Advance notice will be provided to the affected property owners so that the contractor will have
access to the entire street. The process is completed in a very short timeframe, so access limitations will
be minimal. There will be some dust, oil and rock chips to contend with but every effort will be made to
keep this to a minimum.
I t is my recommendation that the Council approve the attached Resolution authorizing the 2012 Seal
Coat and Crack Sealing Project and directing staff to receive quotes for the project.
Sincerely,
Bolton & Menk, Inc.
Daniel L. Faulkner, P.E.
Mound City Engineer
cc: Carlton Moore, Director of Public Works
DESIGNING FOR A BETTER TOMORROW
Bolton & Menk is an equal opportunity employer
-1425-
CITY OF MOUND
RESOLUTION NO. 12-
RESOLUTION AUTHORIZING THE 2012 SEAL COAT AND CRACK SEALING
PROJECT (PW- 12 -06) AND DIRECTING STAFF TO RECEIVE QUOTES FOR THIS
PROJECT
WHEREAS, the City Engineer has estimated that the proposed project cost for the 2012
Seal Cost and Crack Sealing Project is less than $100,000; and
WHEREAS, this area was included in the early years of the City's Street Reconstruction
Project; and
WHEREAS, it is recommended that seal coating and crack sealing be completed
between the 5th and 7 th year after a street has been reconstructed,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound,
Minnesota, to authorize the 2012 Seal Coat and Crack Sealing Project as
recommended, and to direct staff to receive quotes for this project.
Adopted by the City Council this 12 day of June, 2012.
Mayor Mark Hanus
Attest: Bonnie Ritter, City Clerk
-1426-
Executive Summary
TO: Mound City Council, Planning Commission and Staff
FROM: Rita Trapp, Consulting City Planner
Sarah Smith, Community Development Director
DATE: June 7, 2012
SUBJECT: PC Case 12 -12 - Request from Westonka Animal Hospital for Conditional Use
Permit for 2125 Commerce Boulevard for purposes of an animal hospital and site
modifications for Mound Marketplace
REQUEST SUMMARY
The applicants, Craig and Jacqueline Piepkorn from Westonka Animal Hospital, have
submitted development plans for the use of the 4,000 square foot north building in
Mound Marketplace for a veterinary hospital. A conditional use permit is required as the
Destination District identifies animal hospitals as a conditional use. In addition, Mound
Marketplace is a planned unit development (PUD) with a conditional use permit. As the
applicants are proposing to revise the parking, landscaping and site plan for the area
around the building, the conditional use permit needs to be reviewed and approved.
The applicant is not proposing to expand the existing 4,000 square foot building.
PROCEDURAL ITEMS
As required by City Code Section 121 -39, the City Council will hold a public hearing on
the conditional use request. The required public hearing notice has been published and
noticed in accordance with Minnesota State Statutes and City Code.
PLANNING COMMISSION REVIEW AND RECOMMENDATION
The Planning Commission reviewed this case at their May 14 meeting. As noted in the
minutes attached, the Planning Commission voted unanimously to recommend
approval of the conditional use permit.
PLAN REVISIONS
The applicants have met with adjacent business owners since the May 14 Planning
Commission Meeting to discuss the proposed plans and address concerns. As a result
of those discussions the plans have undergone revisions. As shown in the set dated
June 7, 2012, the landscaped area for Westonka's clients has been reconfigured and
reduced. The turf area continues to be adjacent to the building with a black vinyl chain
link fence surrounding it. As shown on the landscape plan, the landscaped area will
1 :_14 7 _ Third Street, Suite 100, Minneapolis, Minnesota 55401
(612)38 -0800 Fax (612) 338 -6838
have a number of shrubs and perennials. There will also be four trees throughout the
reconstructed site.
The revised site plan will essentially maintain the same number of overall parking stalls.
Four will be removed from the main parking area while five will be added adjacent to the
animal hospital building with one being a handicapped stall. This has been achieved by
modifying the curved traffic lane. The applicant is also adding a drop -off lane in front of
the building.
As part of the site reconfiguration, the applicant will be moving the existing trash
enclosure to a new location. Rather than within the landscaped area it will be between
the parking spaces and the edge of the property. The applicant is requesting that the
trash enclosure be able to be constructed of cedar.
RECOMMENDATION
As both the Planning Commission and Staff recommended approval of the requests,
Staff has prepared the attached resolution for your consideration. Staff recommends
approval of the resolution with their findings of fact and conditions.
1:_142 Third Street, Suite 100, Minneapolis, Minnesota 55401
(612) 38 -0800 Fax (612) 338 -6838
CITY OF MOUND
• RESOLUTION NO. 12 -_
RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
WESTONKA ANIMAL HOSPITAL AND SITE MODIFICATIONS TO MOUND MARKETPLACE
SHOPPING CENTER
WHEREAS, the applicants, Craig and Jacqueline Piepkorn, have submitted an application for a
conditional use permit requesting the operation of an animal hospital and site modifications to
Mound Marketplace; and,
WHEREAS, the property owner consented to the application; and
WHEREAS, subject site is located at the northwest corner of Commerce Boulevard and Lynwood
Boulevard; and,
WHEREAS, the subject site is guided Destination District in the Comprehensive Plan and zoned
Destination Planned Unit Development (PUD) District; and,
WHEREAS, Mound Marketplace is an existing planned unit development which was authorized by
Resolution #01 -13; and,
WHEREAS, City Code Subsection 129 -140 identifies animal hospital as a conditional use for the
Destination -PUD District; and
WHEREAS, the applicants are proposing to make changes to Mound Marketplace as described in
the Executive Summary, Planning Report, and submitted applications and materials provided by
the applicant; and
WHEREAS, the proposed parking lot modifications will change the drive aisles and parking spaces
around the building. The number of total parking spaces for Mound Marketplace will continue to
meet the requirement of at least 337 spaces; and
WHEREAS, the applicants are proposing to add a small turfed landscaped area to the west of the
building for their clients' animals; and
WHEREAS, the Planning Commission reviewed the conditional use permit application at its
May 14, 2012 meeting and recommended Council approval, subject to conditions, as
recommended by Staff; and,
WHEREAS, the City Council held a public hearing at its June 12, 2012 meeting to receive public
testimony on the proposed conditional use permit application;'and,
WHEREAS, the City has considered the proposed project as it might affect public health, safety
or welfare and will be imposing conditions upon the approval addressing these considerations;
and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Mound, Minnesota as follows:
•
JUNE 12, 2012
CITY COUNCIL
REGULAR AGENDA ITEM 6
p6u - men t Pk�& 1 u J-q -14 31
The City Council of the City of Mound does hereby approve the conditional use
permit based on the following findings of fact: •
a. The physical characteristics of the site are suitable for the type of development
and use being proposed.
b. The proposed development will not negatively impact the public health, safety
or welfare of the community.
c. The conditional use will not be iniurious to the use and enioyment of other
Property in the immediate vicinity for the purposes already permitted, no
substantially diminish and impair property values within the immediate vicinity.
d. Adequate utilities, access roads, drainage and other necessary facilities have
been or are being provided.
e. Adequate measures have been or will be taken to provide sufficient off - street
parking and loading space to serve the proposed use.
f. The use is consistent with the purposes of this chapter and the purposes of the
zoning district in which the applicant intends to locate the proposed use.
g. The use is not in conflict with the policy plan of the city.
h. The use will not cause traffic hazards or congestion.
•
2. The conditional use permit for a planned unit development is hereby approved
subject to the following conditions:
a. Applicant shall have their painting contractor put fresh paint on the lane
markings and stop bar at the parking lot entrance /exit to Commerce Blvd. when
they do the parking stall striping.
b. There shall not be a drop off in front of the building due to the potential for traffic
safety issues.
c. Signage shall meet City Code and Mound Marketplace regulations.
d. Exterior lighting shall meet the provisions of the City Code.
e. Applicant shall ensure adequate maintenance of the area around their building,
including the turf area inside the fence. If maintenance of the site becomes an
issue the conditional use permit may be subject to further review by the City
Council.
f. Applicant shall construct the trash enclosure out of cedar or other material
deemed acceptable to City Staff.
g. Applicant shall obtain any necessary permits and approvals from Minnehaha •
Creek Watershed District (MCWD).
• h. As applicable, payment of an required City utility fees is required prior to
Y Y Y q p
release of the resolution
L A MCES SAC determination for the proposed use must be done by the
applicant as part of the building permit process. Applicant shall pay any required
MCES SAC fees for the project as part of the building permit.
j. Applicant shall pay all costs associated with the conditional use permit
application.
k. No future approval of any development plans, building and /or related permits
are included as part of this action.
I. No building permits will be issued until evidence of recording of the resolution at
Hennepin County is provided unless the resolution is filed by the City and an
escrow of sufficient amount is on file with the City.
m. The applicant shall record the resolution(s) with Hennepin County. The
applicant is advised that the resolution(s) will not be released for recording until
all conditions have been met.
3. The conditional use permit is hereby approved for the following described property:
• (to be inserted)
Adopted this 12` day of June, 2012
Mayor Mark Hanus
Attest: Bonnie Ritter, City Clerk
•
sm,dlno
June � '. 2.I2 _
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MINUTE EXCERPTS
MOUND ADVISORY PLANNING COMMISSION
MAY 14, 2012
ROLL CALL
Members present: Chair Stephen Ward; Commissioners Jeffrey Bergquist, Douglas Gawtry,
David Goode, George Linkert, Cindy Penner, Pete Wiechert, and Councilmember Ray Salazar.
Absent: Kelvin Retterath. Staff present: Planning Commission Secretary Jill Norlander, Planning
Consultant Rita Trapp from HKGi.
Others present: Eric Beazley (Minnetrista), Bob Boese (Mound), Jackie Piepkorn (Mound), Brian
Pellowski (Minnetonka), Randy & Amy Grunow (Mound), Amy Nelson (Corcoran), Dean
Trongard (Independence), Bruce Soden (Mound), Dan DeNasku (Mound), Chase Miller
(Mound), Scott Logeln (Waconia)
BOARD OF APPEALS
Case No. 12 -12 Conditional Use Permit
Location: 2125 Commerce Boulevard Owner: Mound Marketplace LLC
Applicant: Craig and Jackie Piepkorn — Westonka Animal Hospital
Trapp introduced the application. Applicant is requesting relocation of their business to the
freestanding building at Mound Marketplace.
Linkert questioned the location of the trash enclosure. Trapp indicated is to remain in the same
location.
Dr. Jackie Piepkorn, Westonka Animal Hospital at 4861 Shoreline Drive — The reasons for the
parking lot modifications is for traffic safety and greenspace for the animals.
Bob Boese, Jubilee Foods — They will be meeting with PBK this week to address leasing issues.
MOTION by Gawtry, second by Salazar, to recommend approval of the conditional use permit
with conditions as recommended by staff. MOTION carried unanimously.
5 R11-
PLANNING REPORT
TO: Mound Council, Planning Commission and Staff
FROM: Rita Trapp, Consulting City Planner
Sarah Smith, Community Development Director
DATE: May 10, 2012
MEETING DATE: May 14, 2012
HKI N
APPLICANT: Craig and Jacqueline Piepkom
REQUEST: Conditional Use Permit requests for animal hospital and to allow site
modifications at Mound Marketplace
CASE NUMBERS: 12 -12
LOCATION: 2125 -2129 Commerce Boulevard
PROPERTY ID: 14- 117- 24-41 -0088
ZONING: Destination District
COMPREHENSIVE PLAN: Destination District
I. BACKGROUND
The applicants, Craig and Jacqueline Piepkorn from Westonka Animal Hospital, have
submitted development plans for the use of the 4,000 square foot north building in
Mound Marketplace for a veterinary hospital. The services proposed are to include, but
are not limited to, veterinary care, pet hospitalization, x -rays, pet supply retail area, pet
training, pet rehabilitation and pet grooming. Mound Marketplace consists of three (3)
buildings with 67,000 square feet of retail space and 337 parking spaces on six (6) plus
acres. Mound Marketplace is part of an overall planned unit development (PUD) that
also includes the residential development, Village by the Bay.
A conditional use permit is required as the Destination District identifies animal hospitals
as a conditional use. In addition, Mound Marketplace is a planned unit development
(PUD) with a conditional use permit. As the applicants are proposing to revise the
parking, landscaping and site plan for the area around the building, the conditional use
permit needs to be reviewed and approved. The applicant is not proposing to expand
the existing 4,000 square foot building.
123.1437 -bird Street, Suite 100, Minneapolis, Minnesota 55401
(612) 338 -0800 Fax (612) 338 -6838
p. 2
#12 -12 2125 Commerce Boulevard CUP
May 10, 2012
II. PROCEDURAL ITEMS
60 -Day Land Use Application Review Process
Pursuant to Minnesota State Statutes Section 15.99, local government agencies are
required to approve or deny land use requests within 60 days. The CUP application was
submitted on March 30, 2012 and deemed complete on April 19, 2012. The 60 -day
timeline expires on or around May 29, 2012.
Notification
Per policy, a copy of the 5/14 Planning Commission agenda was mailed to the adjacent
property owner and tenants in Mound Marketplace on May 10, 2012. Additionally, it is
Staffs understanding that the applicant is planning to meet with the individual tenants
within Mound Marketplace in advance of the Planning Commission meeting, if possible,
about the proposal. Therefore, the Planning Commission may wish to speak with the
applicant at the meeting to learn any comments that they have received thus far on the
project.
City Council Review
If a recommendation is received from the Planning Commission at its May 14, 2012
meeting, it is anticipated that the application will be forwarded to the City Council for
review and action at the June 12, 2012 City Council meeting. As required by City Code
Section 121 -39, the City Council will hold a public hearing on the conditional use
request. The required public hearing notice will be published and noticed in accordance
with Minnesota State Statutes and City Code.
City Department, Consultant and Agency Review and Comments
Copies of the request and supporting materials were forwarded to all City departments
for review and comment. Comments received are summarized below:
Dan Faulkner, City Engineer
There are no traffic flow issues with the new parking
layout. The applicant is requested to have their painting
contractor put fresh paint on the lane markings and stop
bar at the parking lot entrance /exit to Commerce Blvd
when they do the parking stall striping.
Public Works Director Moore
No comments.
Public Works Supervisor
No comments.
Hanson
Building Official Qualle
No comments.
- 1438 -0
p. 3
#12 -12 2125 Commerce Boulevard CUP
May 10, 2012
Fire Chief Pederson The ceiling inside the building was not completed so the
sprinkler system does not currently meet the fire code. The
work inside would need to be completed prior to
occupancy.
Acting Police Chief Mooney No comments.
Public Works Supt. Fackler No comments.
Minnehaha Creek Watershed The project would be subject to the District rules including
District Erosion Control and Stormwater Management. We request
that as the applicant moves forward with City approvals
that they get in contact with Steve Christopher.
Ill. DEVELOPMENT SUBMITTAL REVIEW
Westonka Animal Hospital is currently located at 4861 Shoreline Drive. As provided in
the applicant narrative, the clinic is owned completely by the applicants. The hours of
operation are:
• Monday & Friday: 8 a.m. to 6 p.m.
• Tuesday & Thursday: 8 a.m. to 7 p.m.
• Wednesday: 10:30 a.m. to 6 p.m.
• Saturday: 8:30 a.m. to 2 p.m.
The applicant notes that the hours may be expanded in the future to accommodate
retail sales and pet grooming. However, hours are not expected to extend past 9 p.m.
Use
Section 129 -140 lists permitted and conditional uses for the Destination PUD District.
An animal hospital is listed as a conditional use. As a conditional use, the City Council
may impose additional conditions it deems necessary to address the best interest of the
surrounding areas. With regards to use, Staff does not have conditions it would
recommended to impose given the proposed location of the animal hospital within a
commercial district.
Bulk Requirements
The Destination PUD District does not have any specific setback requirements for
structures on non - shoreland lots. Rather, setbacks are as agreed to in the PUD. The
setbacks for this structure are as were proposed as part of the Mound Marketplace PUD
as the applicants are not proposing to expand the existing 4,000 square foot building.
-1439-
p. 4
#12 -12 2125 Commerce Boulevard CUP
May 10, 2012
The Destination PUD District does require hardcover coverage to be limited to 75% or
as defined by the PUD. The Mound Marketplace PUD allows hardcover on the
commercial portion of the development at 92 %. Please note that the overall site
hardcover is 64 %. As shown on Sheet 2 of the applicant's materials, the hardcover
coverage for their portion of Mound Marketplace is going to improve from 89% to 82%
due to the expansion of the turf grass area.
Parking and Circulation
Parking regulations for the Destination PUD District are as agreed to in the Mound
Marketplace Resolution #01 -13 (see enclosed). The Mound Marketplace PUD stipulates
that 337 parking spaces shall be provided that are at least 9.5 feet by 18 feet in
dimension. It is important to mention that the code was revised a number of years ago
to modify the standard parking stall size to 9 feet by 18 feet.
If you compare Sheet 1 and Sheet 2 of the site plans submitted, you can see how the
applicants are proposing to reconfigure the parking lot. The current survey on Sheet 1
shows the existing configuration with a drive aisle between the building and the parking
stalls. The proposed configuration shown on Sheet 2 shows the movement of the drive
aisle on the other side of a small parking lot located immediately adjacent the building.
This site modification not only provides some parking spaces whereby clients do not
have to cross the drive aisle, but also provides some landscaped area which clients can
use with their pets. City Staff have found this new configuration to be acceptable for
traffic circulation. The reconfiguration as proposed will not change the total amount of
parking spaces provided in Mound Marketplace. (Note that Sheet 3 shows the
proposed layout without the existing conditions behind if that is easier to use.)
Landscaping
The Landscape Plan is provided on Sheet 4. The applicant is proposing to create a
small turf area adjacent to the building to serve clients. The turf area will be surrounded
by a 6 foot high vinyl- coated chain link fence. The fence will extend from the front of the
building on the north side and then around the turf area on the west end of the site.
There will be a few mulch beds in and around the fenced area. City Code Section 129-
203 requires that fences in business districts be no higher than 6 feet at or behind the
front building line.
The applicant is also proposing to replace the two existing trees located in the parking
island. One will go adjacent to the turf area and the other within the new parking island
to the west of the building. The landscape islands will be bark mulched.
- 1440 -2
p. 5
#12 -12 2125 Commerce Boulevard CUP
May 10, 2012
The applicant is requesting that the trash enclosure remain as it was previously
constructed as is shown on Sheet 2. The applicant would be willing to move the trash
enclosure if it is necessary.
The applicant is proposing to modify the site within the existing drainage and utility
easement. While landscaping is allowed, the applicant is advised that if any issues
arise, the site improvements may have to be modified and /or removed to address the
issue.
Si nay e
The applicant is proposing to add two signs to the building. The applicant will work with
Staff on signage that meets the City Code which also shall be subject to approval and
acceptance by Mound Marketplace.
IV. RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the requested
Conditional Use Permit (CUP) for the Westonka Animal Hospital as submitted with the
following conditions:
1. Applicant shall have their painting contractor put fresh paint on the lane markings
and stop bar at the parking lot entrance /exit to Commerce Blvd. when they do the
parking stall striping.
2. Signage shall meet City Code and Mound Marketplace regulations.
3. Exterior lighting shall meet the provisions of the City Code.
4. Applicant is responsible for obtaining any necessary permits and approvals from
Minnehaha Creek Watershed District (MCWD).
5. As applicable, payment of any required City utility fees prior to release of the
resolution.
6. A MCES SAC determination for the proposed use must be done by the applicant
as part of the building permit process. Applicant shall be responsible for payment
of any required MCES SAC fees for the project as part of the building permit.
7. Applicant is responsible for ensuring adequate maintenance of the area around
their building, including the turf area inside the fence. If maintenance of the site
becomes an issue the conditional use permit may be subject to further review by
the City Council.
8. Applicant shall be responsible for payment of all costs associated with the
conditional use permit application.
9. Applicant shall be required to submit all required information upon submittal of
the building permit application.
10. Applicant shall be responsible for procurement of any and /or all permits.
-1441-
p. 6
#12 -12 2125 Commerce Boulevard CUP
May 10, 2012
11. No future approval of any development plans, building and /or related permits are
included as part of this action in the event the variance application is approved.
12. No building permits will be issued until evidence of recording of the resolution at
Hennepin County is provided unless the resolution is filed by the City and an
escrow of sufficient amount, is on file with the City.
13. The applicant shall be responsible for recording the resolution(s) with Hennepin
County. The applicant is advised that the resolution(s) will not be released for
recording until all conditions have been met.
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-1444
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Westonka Animal Hospital Business Narrative for Condition Use Application:
Westonka Animal Hospital is owned solely by Dr. Craig Piepkorn and Dr. Jackie Piepkom.
Westonka Animal Hospital's Clinic hours of operation are:
Monday & Friday: 8 am — 6 pm, Tuesday & Thursday: 8 am — 7 pm, Wednesday 10:30 am — 6 pm and
Saturday: 8:30 am — 2 pm.
Peak hours of operation are from 8 am —12 pm, then from 1:30 pm — 6 pm Monday, Tuesday, Thursday
and Friday. Saturday 9 am — 2 pm. We do not have emergency hours or see appointments after hours.
The typical parking demands for these times are about 14 stalls, with 4 of the stalls located so that a client
will not need to cross traffic with their pet to enter the building.
The clinic may remain open outside of the above stated hours in the future to accommodate some retail
sales of pet products and grooming. Those hours have not been determined yet, but will not likely extend
past 9 pm and parking demands for those times will not likely exceed 4 stalls.
As of date the clinic employs 10 people, 4 full time employees and 6 part time employees. The business
plan for moving in to the new building would expect to add 1 — 3 more employees in the future.
We plan to add signage to the building in accordance to city code and the Mound Marketplace guidelines-
the initial plan is to have a sign on 2 sides of the building ( the side facing Commerce may be a window
sign) permitting marketplace regulations and city code.
The plan for the parking lot modifications does include moving an existing lamp post and landscape
island. The plan from Beazley Consulting proposes more green space and relocating the landscape island.
Beazley Consulting will be providing us with landscape architecture plans.
We would like to add a fence to the added green space to provide a safe area to walk dogs.
The proposal from Beazley Consulting provides plans for keeping the existing dumpster where it is and
also a plan for moving it. We would prefer to keep the dumpster in its current location, but will move it if
necessary.
MAD *1?
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CITY OF MOUND
RESOLUTION #01 -13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND
GRANTING DEVELOPMENT PLAN APPROVAL OF "THE VILLAGE BY COOK'S
BAY" AND "MOUND MARKETPLACE" BY CONDITIONAL USE PERMIT AND
VARIANCE APPROVAL
P &Z CASE #00 -65.
WHEREAS, the applicant, MetroPlains Development, rezoning applications to allow
residential and commercial development of property on the "Old School" site for development
projects called "The Village by Cook's Bay" and "Mound Marketplace "; and,
WHEREAS, the proposed development includes 18.97 acres of land that was previously the
Westonka Community Center and ballfields and Westonka High School previously; and,
WHEREAS, the development plan for the site calls for its development as multiple family
residential and a commercial area along with land dedicated for park land dedication requirements;
and,
WHEREAS, The concept plan indicates 59 townhome units and 40 `flats.' The
townhomes will provide a total of 4 parking spaces per unit including 2 indoor and 2 outdoor
parking spaces. Underground parking will be provided for the flats at a ratio of 1 '/z spaces per
unit. An additional 40 spaces will be scattered in bays along the private streets for visitor and
guest parking. All streets within the residential area of the development will be private with a 24
feet width with no on- street parking because of the need to allow emergency access on this
narrowed design; and,
WHEREAS, as a planned development area, dimensional items such as building
setbacks, lot area and width are approved and regulated under a conditional use permit. A
Common Interest Community (CIC) will be established to govern the further replatting and use
of the land as individual units; and,
WHEREAS, four `big house' flats-are shown on the eastern side of the development
along Bellaire Road. The narrative talks about these units as single level with 4 units per level in
these 2 — 3 story buildings. The developer indicates that the market for the flats would appeal to
seniors which is a good `fit' with the needs in Mound; and,
WHEREAS, the following standards apply under the conditional use permit for the "The
Village by Cook's Bay,"
PARCEL SIZE 12.27 ac
PROPOSED UNIT # 99
Resolution #01 -13
Page I of 8 - 1452 - 4
DENSITY
8 units /acre
Minimum Lot Width
Not applicable
Front Yard Setback
Elm Road
60 feet
Bellaire
100 feet
Side Yard Setbacks
As indicated on plans
between buildings
Rear Yard Setbacks
As indicated on plans
from property lines.
LAND USE PLAN
Downtown
Residential (Medium
to High Density
Residential @ 7 +
units /acre)
SUBDIVISION STREET
DESIGN
Right -of -way width
NA — private streets
Pavement width
24 feet
Park Site Dedication
1.89 acres or 10% of
total development
land area —18.97
acres
GREENSPACE
57.4 percent
HARDCOVER
36.2 percent
, and
WHEREAS, building elevations for the townhomes are provided with the development
which also detail material standards to be followed on building exteriors; and,
WHEREAS, the landscape plan for the residential portion of the development provides a
total of 145 planting units which exceeds the 99 unit minimum. Plantings consist of shade,
ornamental, and coniferous varieties. The park will be planted with 24 shade trees in addition to the
9 conifers that will be preserved; and,
WHEREAS, a total of 1.89 acres, 10 percent of the total site area, will be dedicated to the
City as parkland. Outlots `B' and `C' note these lands. Tot lot play equipment will also be provided
by the developer and located in Outlot `C'; and,
WHEREAS, the development proposes 67,000 square feet of commercial space called
`Mound Marketplace.' Anticipated tenants include a grocer, city liquor store, restaurants, and smaller
retail shops. The buildings would be designed to consider the urban context of the downtown and
the Mound Visions plan. Detailed exterior treatments, space relationships, and other design elements
are provided in the development submittal which will encourage high quality building and site
Resolution #01 -13 -1453 -
Page 2 of 8
treatment; and,
WHEREAS, the following standards apply through the conditional use permit for Mound
Marketplace
PARCEL SIZE
6.7 ac
PROPOSED SQ. FT. OF
COMMERCIAL
67,000
Minimum Lot Size
NA
Minimum Lot Width
NA
Front Yard Setbacks -
Building fronting on Lynwood
Building fronting on Commerce
Per development plan
Side Yard Setbacks -
Building fronting on Lynwood
West building
Per development plan
Rear Yard Setbacks
Per development plan
LAND USE PLAN
Destination District
SUBDIVISION STREET
DESIGN
Streets/Drives
All private access
PARKING
337 spaces provided
Code requires 446
spaces
9 '/z feet by 18 feet stall
dimension
Code requires 10 feet
by 20 feet
HARDCOVER
92 percent
; and,
WHEREAS, the landscape plan for the commercial portion of the development provides a
total of 95 planting units which exceeds the 67 planting unit minimum. Plantings consist of shade,
ornamental, and coniferous varieties. Screening and buffering of the parking and dock areas are
provided to minimize impacts on the adjacent single family neighborhood; and,
WHEREAS, a total of 313 parking spaces are shown plus 24 spaces adjacent to the Pond
Arena which is a ratio of 1 space for every 197 square feet of commercial floor area. City Code
requires 1 space for every 150 square feet of commercial floor area or 446 spaces requiring a
variance of 109 spaces; and,
WHEREAS, the City and County are currently reviewing plans for the relocation and
upgrade of County Road 15 and the intersection of County Road 110. The results of the study are
not yet complete, but will take into consideration the access locations proposed by the development
plan. In reviewing the development, the City has considered traffic, circulation and other aspects of
the proposed project as it might affect public health, safety or welfare and imposed conditions upon
the approval addressing those considerations; and,
Resolution #01 -13
Page 3 of 8 -1454= 6
WHEREAS, the Planning Commission and City Council have studied the practicability of
the residential and commercial planned developments, variances, taking into consideration the
requirements of the City, giving particular attention to the arrangement and location of the street,
their relation to topography, water supply, sewage disposal, drainage, building arrangements, the
present and future development of adjoining lands and the requirements of the Zoning Ordinance
and Comprehensive Plan and other official controls; and,
WHEREAS, the physical characteristics of the site are suitable for the type and density of
development contemplated subject to the conditions imposed herein, and the proposed subdivision
as conditioned is consistent with the Comprehensive Plan and the existing land use in the area; and,
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City
of Mound.
WHEREAS, at the Planning Commission has recommended City Council approval of the
conditional use permit for the information as contained in the development plans; and,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound,
Minnesota:
A. Approves a Conditional Use Permit for the "The Village by Cook's Bay" and "Mound
Marketplace" with the following conditions:
Relocate parking spaces along the rear of the grocery store to areas close to the
clubhouse.
2. A pedestrian easement between building facades along Lynwood and Commerce
right -of -ways be provided.
3. Easements for recreation and maintenance of the multi -use trail system.
4. Indicate how private streets will be lighted.
5. Developer work with the City in developing a streetscape along Commerce and
Lynwood to address landscaping, facade, and other improvements complementary
to the development of the Mound Visions Plan.
6. All streets within the proposed development shall be private streets serving the
residential area shall be 24 feet wide, measured from back of curb to back of curb.
Concrete curb and gutter shall be installed on all streets, drives and parking areas in
both the commercial and residential areas.
7. Applicant provide fireflow analysis prior to the completion of the final utility plans.
Resolution #01 -13 -1455 -
Page 4 of 8
8. The final plat shall include utility easements for the new sanitary sewer and
watermains which will be public utilities. The final plat must also include utility
easements for the existing public utilities which will remain in place.
9. Approval of right -of -way and access drives by Hennepin County and consistent with
final plat approval.
10. Approval by the Minnehaha Creek Watershed District.
11. The existing tower be removed or relocated to a location on the site consistent with
previous variance approvals and current zoning code provisions prior to granting of
final plat.
12. Prior to the City releasing the final plat, the Developer shall sign a development
contract with the City. The development contract shall stipulate that construction of
all public improvements covered by said contract shall be completed within 280 days
of the City releasing the final plat. As part of the development contract, the
Developer shall furnish the City with a performance bond or an irrevocable letter of
credit or other form of security approved by the City Attorney in the amount of 125%
of estimated construction costs as per plans approved by the City Engineer.
13. The Developer shall secure and provide copies to the City's Building Official of all
reviews and required permits from the Minnesota Department of Health and the
Minnesota Pollution Control Agency, or any other applicable permits, prior to
beginning construction. The Building Official will not authorize construction until
permits are secured.
14. The City Attorney shall examine title to the property and shall render a title opinion
to the city showing the ownership status of the property prior to filing. The applicant
shall provide the City Attorney a current abstract or register of property abstract for
Langdon Bay. .
15. Prior to any occupancy the applicant shall secure Certificates of Occupancy from the
Building Official. Certificates will not be issued for homes in the subdivision until
utilities and access servicing the homes are approved by the City Engineer, Public
Works Superintendent, and Building Official.
16. Developer will reimburse the City for legal, engineering and planning costs incurred
for review and approval of these plans.
B. Approves variances as follows:
1. A variance is approved to allow the commercial parking spaces to meet 1 space per
200 square feet ratio plus a reduction of 23 spaces.
Resolution #01 -13
Page 5 of - 1456:8
2. A variance is approved to allow the commercial parking spaces to be designed at 9
feet width and a 60 feet 6 inch isle separation.
3. A hardcover variance of 62% is approved for "Mound Marketplace."
C. The City .Council adopts the following findings in support of the approved variances:
1. The property has long served the parking needs of surrounding uses and will likely
continue to do so.
2. The parking space ratio and size are consistent with current retail industry design and
other metropolitan community code requirements.
3. The smaller parking space size reduces the amount of hardcover that would be
incurred by the typical zoning requirements.
4. The residential and commercial portions of the project will utilize a central pond for
stormwater management. The total hardcover for the project is 64 %, which is below
typical hardcover thresholds of 75% in the downtown.
C. The resolution is adopted for the property legally described as:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Lynwold Park, Lake
Minnetonka, together with vacated Ridgewood Avenue and vacated alley originally
delineated and dedicated in said plat of Lynwold Park, Lake Minnetonka.
Lot 18, Lynwold Park, Lake Minnetonka, except the North 30 feet thereof.
Lots 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 104, 105, 106, 107, 108, 109, 110, 111,
112, 113, 114 and 115, Mound.
Those parts of Lots 102 and 103, "Mound ", which lie Easterly of the East line of the West
200.00 feet of the Northeast ' / 4 of the Southeast '/4 of Section 14, Township 117 North,
Range 24 West of the 5th Principal Meridian, Hennepin County, Minnesota.
That part of Meadow Lane, as delineated and dedicated on the plat of "Mound ", and now
vacated, which lies Easterly of the West 200.00 feet of the Northeast' /4 of the Southeast 1 /4
of Section 15, Township 117 North, Range 24 West of the 5th Principal Meridian, Hennepin
County, Minnesota, and Westerly of the Southerly extension of the West line of Dewey
Avenue, now known as Bellaire Lane, as delineated and dedicated in said plat of "Mound ".
The South '/z of the northeast '/4 of the Southeast '/4 of Section 14, Township 117 North,
Range 24 West of the. 5t Principal Meridian, Hennepin County, Minnesota, except the West
200.00 feet thereof, also except that part within the plat of "Mound ", and except that part
described as follows:
Resolution #01 -13 -1457 -
Page 6 of 8
Commencing at the Northeast corner of said South '/2 of the Northeast '/ of the Southeast
'/4; thence Southerly along the East line of said Southeast ' /4, a distance of 225.00 feet;
Westerly parallel with the North line of said South '/2 of the Northeast ' /4 of the Southeast
' /4, to the intersection with the southerly extension of the West line of Dewey Avenue, now
known as Bellaire Lane, as delineated and dedicated in the plat of "Mound'; thence
Northerly along said Southerly extension to the North line of said South %z of the Northeast
'/4 of the Southeast V4 thence Easterly along said North line to the point of beginning.
And except that part of said South '/2 of the Northeast '/4 of the Southeast '/4, described as
follows: Beginning at a point on the East line of said Northeast '/4 of the Southeast '/4,
distant 225.00 feet Southerly from the Northeast corner of said South '/2 of the Northeast 1 /4
of the Southeast 1 /4; thence Westerly, parallel with the North line of said South '' of the
Northeast '/4 of the Southeast 1 /4, a distance of 398.63 feet; thence Southerly, deflecting to
the left 90 degrees 00 minutes 00 seconds, a distance of 158.39 feet; thence Easterly,
deflecting to the left 89 degrees 57 minutes 22 seconds, to said East line of the Northeast
' /4 of the Southeast 1 /4; thence Northerly along said East line to the point of beginning.
Legal Description: Lots 19 and 20 Lynwold Park Lake Minnetonka
The foregoing resolution was moved by Councilmember Hanus and seconded by
Councilmember Brown.
The following Councilmembers voted in the affirmative: Hanus, Brown, Meisel
The following Councilmembers voted in the negative: Anderson, Meyer
Adopted January 23, 2001 �a f
Pat Meisel, Mayor
Attes : City Clerk
Resolution 901 -13 -145 &0
Page 7 of 8
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EXTRACT OF MINUTES OF A MEETING
OF THE CITY COUNCIL
CITY OF MOUND, MINNESOTA
HELD: June 12, 2012
Pursuant to due call, a regular or special meeting of the City Council of the City of
Mound, Hennepin County, Minnesota, was duly held at the City Hall on June 12, 2012, at 7:00
P.M., for the purpose, in part, of considering proposals and awarding the sale of $4,860,000
General Obligation Bonds, Series 2012A.
The following members were present:
and the following were absent:
Member
introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING PROPOSAL ON THE SALE OF $4,860,000 GENERAL
OBLIGATION BONDS, SERIES 2012A, PROVIDING FOR THEIR ISSUANCE AND
PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND NET
REVENUES AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City of Mound, Minnesota (the "City "), owns and operates a
municipal water utility system (the "Water System "), a municipal sewer utility system (the
"Sewer System "), and a municipal storm water utility system (the "Storm Water System" and,
together with the Water System and the Sewer System, the "System "), as separate revenue
producing public utilities and there are outstanding payable from the net revenues of the System:
(i) $1,675,000 original principal amount of General Obligation Revenue Bonds, Series 2004B,
dated June 22, 2004 (the "2004B Bonds "), (ii) $ 1,240,000 original principal amount of General
Obligation Utility Revenue Bonds, Series 2006B, dated April 11, 2006 (the "2006B Bonds ");
(iii) 2,355,000 original principal amount of General Obligation Utility Revenue Bonds, Series
2007B, dated April 5, 2007 (the "2007B Bonds "); (iv) $1,885,000 original principal amount of
General Obligation Utility Revenue Bonds, Series 2008C, dated June 4, 2008 (the "2008C
Bonds "); (v) $5,060,000 original principal amount of General Obligation Utility Revenue bonds,
Series 2009B, dated June 4, 2009 (the "2009B Bonds "); (vi) $ 1,490,000 original principal
amount, which is the "System Portion" of the General Obligation Refunding Bonds, Series
2011A, dated February 2, 2011 (the "2011A Bonds "); and (vii) $2,840,000 original principal
amount, which is the "System Portion" of the General Obligation Bonds, Series 2011B, dated
May 5, 2011 (the "2011 B Bonds ", and together with the 2004B Bonds, the 2006B Bonds, the
2007B Bonds, the 2008C Bonds, the 2009B Bonds, and the 2011A Bonds, the "Outstanding
System Bonds "); and
B. WHEREAS, there is currently outstanding $3,325,000 original principal amount
of General Obligation Water Revenue Bonds, Series 2005B, dated April 19, 2005 (the
"Outstanding Water Revenue Bonds ", and together with the Outstanding System Bonds, the
"Outstanding Bonds "), which are payable from the net revenues of the Water System; and
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C. WHEREAS, the City Council has heretofore determined and declared that it is
necessary and expedient to issue $4,860,000 General Obligation Bonds, Series 2012A (the
"Bonds" or individually, a 'Bond "), pursuant to Minnesota Statutes, Chapters 475 and 429 and
Section 444.075, to finance the costs of various improvements to the System including the K1
lift station and other utility improvements (the "System ") and to finance certain street
improvements including retaining wall repair (the "Improvements ") within the City; and
D. WHEREAS, the Improvements and all their components have been ordered prior
to the date hereof, after a hearing thereon for which notice was given describing the
Improvements or all their components by general nature, estimated cost, and area to be assessed;
and
E. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville,
Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Bonds and was
therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been
solicited by Ehlers; and;
F. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the Manager, or designee, at the offices of Ehlers at 12:00 Noon this same day pursuant to the
Preliminary Official Statement dated May 31, 2012; and
G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book -
entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Mound,
Minnesota, as follows:
1. Acceptance of Proposal. The proposal of
(the "Purchaser "), to purchase the Bonds in accordance with the Preliminary Official Statement
established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum
of $ , plus interest accrued to settlement, is hereby found, determined and
declared to be the most favorable proposal received and is hereby accepted and the Bonds are
hereby awarded to the Purchaser. The Manager is directed to retain the deposit of the Purchaser
and to return to the unsuccessful bidders any good faith checks or drafts.
2. Bond Terms
(a) Original Issue Date; Denominations; Maturities, Term Bond Option The Bonds
shall be dated July 12, 2012, as the date of original issue and shall be issued forthwith on or after
such date in fully registered form, shall be numbered from R -1 upward in the denomination of
$5,000 each or in any integral multiple thereof of a single maturity (the "Authorized
Denominations ") and shall mature on February 1 in the years and amounts as follows:
Year Amount Year Amount
2014 2024
2015 2025
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4706974v1
Year
2016
2017
2018
2019
2020
2021
2022
2023
Amount
Year
2026
2027
2028
2029
2030
2031
2032
2033
Amount
As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory
sinking fund redemption and final maturity amounts conforming to the foregoing principal
repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) Allocation The aggregate principal amount of $ maturing in
each of the years and amounts hereinafter set forth are issued to finance the Improvements (the
"Improvement Portion "); and the aggregate principal amount of $ maturing in each
of the years and amounts hereinafter set forth are issued to finance the System Improvements
(the "System Portion "):
Year
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
Improvement Portion System Portion
(Amount) (Amount)
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Total Amount
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If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service
(and hence allocated to the payment of Bonds treated as relating to a particular portion of debt
service) as provided in this paragraph.. If the source of prepayment moneys is the general fund of
the City, or other generally available source, the prepayment may be allocated to either or both of
the portions of debt service in such amounts as the City shall determine. If the source of the
prepayment is special assessments pledged to and taxes levied for the Improvements, the
prepayment shall be allocated to the Improvement Portion of debt service. If the source of a
prepayment is excess net revenues of the System pledged to the System Improvements, the
prepayment shall be allocated to the System Portion of debt service.
(c) Book Entry Only System tem The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository ") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry form
only (the "Book Entry Only Period "), shall at all times be in the form of a separate
single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized
Denominations for any Bond shall be deemed to be limited during the Book Entry
Only Period to the outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of
CEDE & CO., as the nominee (it or any nominee of the existing or a successor
Depository, the "Nominee ").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant ") or the person for which a Participant holds an interest in the Bonds
shown on the books and records of the Participant (the 'Beneficial Owner ").
Without limiting the immediately preceding sentence, neither the City, nor the
Bond Registrar, shall have any such responsibility or obligation with respect to
(A) the accuracy of the records of the Depository, the Nominee or any Participant
with respect to any ownership interest in the Bonds, or (B) the delivery to any
Participant, any Owner or any other person, other than the Depository, of any
notice with respect to the Bonds, including any notice of redemption, or (C) the
payment to any Participant, any Beneficial Owner or any other person, other than
the Depository, of any amount with respect to the principal of or premium, if any,
or interest on the Bonds, or (D) the consent given or other action taken by the
Depository as the Registered Holder of any Bonds (the "Holder "). For purposes
of securing the vote or consent of any Holder under this Resolution, the City may,
however, rely upon an omnibus proxy under which the Depository assigns its
consenting or voting rights to certain Participants to whose accounts the Bonds
are credited on the record date identified in a listing attached to the omnibus
proxy.
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(iv) The City and the Bond Registrar may treat as and deem the Depository to be the
absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of
obtaining any consent or other action to be taken by Holders for the purpose of
registering transfers with respect to such Bonds, and for all purpose whatsoever.
The Bond Registrar, as paying agent hereunder, shall pay all principal of and
premium, if any, and interest on the Bonds only to the Holder or the Holders of
the Bonds as shown on the bond register, and all such payments shall be valid and
effective to fully satisfy and discharge the City's obligations with respect to the
principal of and premium, if any, and interest on the Bonds to the extent of the
sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to the
effect that the Depository has determined to substitute a new Nominee in place of
the existing Nominee, and subject to the transfer provisions in paragraph 10
hereof, references to the Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments with
respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the
Bond Registrar or City, as the case may be, to the Depository as provided in the
Letter of Representations to the Depository required by the Depository as a
condition to its acting as book -entry Depository for the Bonds (said Letter of
Representations, together with any replacement thereof or amendment or
substitute thereto, including any standard procedures or policies referenced
therein or applicable thereto respecting the procedures and other matters relating
to the Depository's role as book -entry Depository for the Bonds, collectively
hereinafter referred to as the "Letter of Representations ").
(vii) All transfers of beneficial ownership interests in each Bond issued in book -entry
form shall be limited in principal amount to Authorized Denominations and shall
be effected by procedures by the Depository with the Participants for recording
and transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to the
Holders pursuant to this Resolution by the City or Bond Registrar with respect to
any consent or other action to be taken by Holders, the Depository shall consider
the date of receipt of notice requesting such consent or other action as the record
date for such consent or other action; provided, that the City or the Bond Registrar
may establish a special record date for such consent or other action. The City or
the Bond Registrar shall, to the extent possible, give the Depository notice of such
special record date not less than 15 calendar days in advance of such special
record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under this
Resolution and any paying agency/bond registrar agreement, shall agree to take
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any actions necessary from time to time to comply with the requirements of the
Letter of Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in
paragraph 5, make a notation of the reduction in principal amount on the panel
provided on the Bond stating the amount so redeemed.
(d) Termination of Book -Entry OnlySystem Discontinuance of a particular
Depository's services and termination of the book -entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with respect
to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may
terminate the services of the Depository with respect to the Bond if it determines
that the Depository is no longer able to carry out its functions as securities
depository or the continuation of the system of book -entry transfers through the
Depository is not in the best interests of the City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the
City, is willing and able to assume such functions upon reasonable or customary
terms, or if the City determines that it is in the best interests of the City or the
Beneficial Owners of the Bond that the Beneficial Owners be able to obtain
certificates for the Bonds, the Bonds shall no longer be registered as being
registered in the bond register in the name of the Nominee, but may be registered
in whatever name or names the Holder of the Bonds shall designate at that time,
in accordance with paragraph 10. To the extent that the Beneficial Owners are
designated as the transferee by the Holders, in accordance with paragraph 10, the
Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph
10.
(e) Letter of Representations The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose The Improvement Portion of the Bonds shall provide funds to finance
the Improvements (the "Improvement Project ") and the System Portion of the Bonds shall
provide funds to finance the System Improvements (the "System Improvements Project," and
together with the Improvement Project, the "Project "). The total cost of the Project, which shall
include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least
equal to the amount of the Bonds. The City covenants that it shall do all things and perform all
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acts required of it to assure that work on the Project proceeds with due diligence to completion
and that any and all permits and studies required under law for the Project are obtained.
4. Interest The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013,
calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity Year Interest Rate
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
Maturity Year Interest Rate
2024
2025
2026
2027
2029
2029
2030
2031
2032
2033
5. Redemption All Bonds maturing on February 1, 2022 and thereafter, shall be
subject to redemption and prepayment at the option of the City on February 1, 2021, and on any
date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of
the Bonds subject to prepayment. If redemption is in part, the maturities and the principal
amounts within each maturity to be redeemed shall be determined by the City; and if only part of
the Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected registered holder of the Bonds.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Bond of a denomination of more than
$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds
having the same stated maturity and interest rate and of any Authorized Denomination or
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47069740
Denominations, as requested by the Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Registrar Bond Trust Services Corporation, in Roseville, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor - paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12.
7. Form of Bond The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
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4706974v1
UNITED STATES OF AMERICA
STATE OF MINNESOTA
HENNEPIN COUNTY
CITY OF MOUND
R-
GENERAL OBLIGATION BOND, SERIES 2012A
Interest Rate Maturity Date Date of Original Issue CUSIP
% February 1, July 12, 2012
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
THE CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA (the "Issuer "), certifies
that it is indebted and for value received promises to pay to the registered owner specified above,
or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the
principal amount specified above, on the maturity date specified above, and to pay interest
thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment
Date "), commencing February 1, 2013, at the rate per annum specified above (calculated on the
basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been
provided for. This Bond will bear interest from the most recent Interest Payment Date to which
interest has been paid or, if no interest has been paid, from the date of original issue hereof. The
principal of and premium, if any, on this Bond are payable upon presentation and surrender
hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the
"Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the
Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed
to the person in whose name this Bond is registered (the "Holder" or 'Bondholder ") on the
registration books of the Issuer maintained by the Bond Registrar and at the address appearing
thereon at the close of business on the fifteenth day of the calendar month next preceding such
Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease
to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be
payable to the person who is the Holder hereof at the close of business on a date (the "Special
Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of
the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less
than ten days prior to the Special Record Date. The principal of and premium, if any, and
interest on this Bond are payable in lawful money of the United States of America. So long as
this Bond is registered in the name of the Depository or its Nominee as provided in the
Resolution hereinafter described, and as those terms are defined therein, payment of principal of,
premium, if any, and interest on this Bond and notice with respect thereto shall be made as
provided in the Letter of Representations, as defined in the Resolution, and surrender of this
Bond shall not be required for payment of the redemption price upon a partial redemption of this
Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may
only be registered in the name of the Depository or its Nominee.
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Optional Redemption All Bonds of this issue (the "Bonds ") maturing on February 1,
2022, and thereafter, are subject to redemption and prepayment at the option of the Issuer on
February 1, 2021, and on any date thereafter at a price of par plus accrued interest. Redemption
may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the
maturities and the principal amounts within each maturity to be redeemed shall be determined by
the Issuer; and if only part of the Bonds having a common maturity date are called for
prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar.
Bonds or portions thereof called for redemption shall be due and payable on the redemption date,
and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of
redemption shall be given to the paying agent and to each affected Holder of the Bonds.
Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed
in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying
the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the
addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear
interest on the specified redemption date, provided funds for their redemption have been duly
deposited.
Selection of Bonds for Redemption; Partial Redemption To effect a partial redemption
of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new
Bond or Bonds having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by the Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
Issuance, Purpose; General Obligation This Bond is one of an issue in the total principal
amount of $4,860,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by
the City Council on June 12, 2012 (the "Resolution "), for the purpose of providing money to
finance street and utility reconstruction projects within the jurisdiction of the Issuer. This Bond
is payable out of the General Obligation Bonds, Series 2012A Fund of the Issuer. This Bond
constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the same become due, the full faith
and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
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4706974v1
Denominations, Exchange; Resolution The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer This Bond is transferable by the Holder in person or the Holder's attorney duly
authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax - Exempt Obligation This Bond has been designated by the Issuer as a
"qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law; that the
Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect
charges for the service, use and availability of its municipal water, sewer and storm water utility
systems (the "System ") at the times and in amounts necessary to produce net revenues, together
with other sums pledged to the payment of the System Portion of the Bonds, as defined in the
Resolution, adequate to pay all principal and interest when due on the System Portion of the
Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the
taxable property of the Issuer, without limitation as to rate or amount, for the years and in
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4706974v1
amounts sufficient to pay the principal and interest on System Portion of the Bonds as they
respectively become due, if the net revenues from the System, and any other sums irrevocably
appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together
with all other debts of the Issuer outstanding on the date of original issue hereof and the date of
its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory
limitation of indebtedness.
IN WITNESS WHEREOF, the City of Mound, Hennepin County, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures of its
Mayor and its Manager, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
Date of Registration:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
Bond Trust Services Corporation,
Roseville, Minnesota
Bond Registrar
M.
Authorized Signature
Registrable by: BOND TRUST SERVICES
CORPORATION
Payable at: BOND TRUST SERVICES
CORPORATION
CITY OF MOUND, HENNEPIN COUNTY,
MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
Manager
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4706974v1
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for under the Uniform
(Cust) (Minor) (State)
Transfers to Minors Act
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond
and does hereby irrevocably constitute and appoint attorney to transfer the
Bond on the books kept for the registration thereof, with full power of substitution in the
premises.
Dated:
Notice: The assignor's signature to this assignment must
correspond with the name as it appears upon the face of the
within Bond in every particular, without alteration or any
change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
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PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
Date Amount Authorized signature of Holder
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8. Execution The Bonds shall be in typewritten form, shall be executed on behalf of
the City by the signatures of its Mayor and Manager and be sealed with the seal of the City;
provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate
seal has been omitted. In the event of disability or resignation or other absence of either officer,
the Bonds may be signed by the manual or facsimile signature of the officer who may act on
behalf of the absent or disabled officer. In case either officer whose signature or facsimile of
whose signature shall appear on the Bonds shall cease to be such officer before the delivery of
the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if the officer had remained in office until delivery.
9. Authentication No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of
July 12, 2012. The Certificate of Authentication so executed on each Bond shall be conclusive
evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
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All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the Holder thereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates. The Manager is hereby
authorized to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date "). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13. Treatment of Registered Owner The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
14. Delivery; Application of Proceeds The Bonds when so prepared and executed
shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price,
and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts There is hereby established a special fund to be designated
"General Obligation Bonds, Series 2012A Fund" (the "Fund ") to be administered and maintained
by the Finance Director as a bookkeeping account separate and apart from all other funds
maintained in the official financial records of the City. The Fund shall be maintained in the
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manner herein specified until all of the Bonds and the interest thereon have been fully paid. The
Operation and Maintenance Accounts heretofore established by the City shall continue to be
maintained in the manner heretofore provided by the City. All moneys remaining after paying or
providing for the items set forth in the resolution establishing the Operation and Maintenance
Accounts shall constitute or are referred to as "net revenues" until the System Portion of the
Bonds and the Outstanding Bonds have been paid. There shall be maintained in the Fund the
following separate accounts to which shall be credited and debited all income and disbursements
of the System as hereinafter set forth. The Finance Director of the City and all officials and
employees concerned therewith shall establish and maintain financial records of the receipts and
disbursements of the System in accordance with this resolution. In such records there shall be
established accounts or accounts shall continue to be maintained as the case may be, of the Fund
for the purposes and in the amounts as follows:
(a) Construction Account To the Construction Account there shall be credited the
proceeds of the sale of the Bonds, less capitalized interest, plus any special assessments levied
with respect to the Improvements and collected prior to completion of the Improvements and
payment of the costs thereof. From the Construction Account there shall be paid all costs and
expenses of making the Improvements listed in paragraph 16 and all costs and expenses of the
System Improvements, including the cost of any construction contracts heretofore let and all
other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section
475.65. Moneys in the Construction Account shall be used for no other purpose except as
otherwise provided by law; provided that the proceeds of the Bonds may also be used to the
extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement
of the collection of taxes, special assessments or net revenues herein levied or covenanted to be
levied; and provided further that if upon completion of the Improvements there shall remain any
unexpended balance in the Construction Account from the Improvement Portion of the Bonds,
such balance (other than any special assessments) shall be transferred to the Debt Service
Account or may be transferred by the Council to the fund of any other improvement instituted
pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments
credited to the Construction Account shall only be applied towards payment of the costs of the
Improvements upon adoption of a resolution by the City Council determining that the application
of the special assessments for such purpose will not cause the City to no longer be in compliance
with Minnesota Statutes, Section 475.61, Subdivision 1.
(b) Debt Service Account There shall be maintained two separate subaccounts in the
Debt Service Account to be designated the "Improvement Project Debt Service Subaccount" and
the "System Improvements Project Debt Service Subaccount." There are hereby irrevocably
appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt
Service Account:
(i) Improvement Project Debt Service Subaccount To the Improvement Project
Debt Service Subaccount there shall be credited: (A) all collections of special
assessments herein covenanted to be levied with respect to the Improvements and
either initially credited to the Construction Account and not already spent as
permitted above and required to pay any principal and interest due on the
Improvement Portion of the Bonds or collected subsequent to the completion of
the Improvements and payment of the costs thereof; (B) capitalized interest in the
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amount of $ ; (C) any collections of all taxes herein or hereinafter
levied for the payment of the Improvement Portion of the Bonds and interest
thereon; (D) a pro rata share of all funds remaining in the Construction Account
after completion of the Project and payment of the costs thereof; (E) all
investment earnings on funds held in the Improvement Project Debt Service
Subaccount; and (F) any and all other moneys which are properly available and
are appropriated by the governing body of the City to the Improvement Project
Debt Service Subaccount. The Improvement Project Debt Service Subaccount
shall be used solely to pay the principal and interest and any premium for
redemption of the Improvement Portion of the Bonds and any other general
Obligation Improvement and Utility Revenue Bonds of the City hereafter issued
by the City and made payable from said subaccount as provided by law.
(ii) System Improvements Project Debt Service Subaccount To the System
Improvements Project Debt Service Subaccount there shall be credited: (A) the
net revenues of the System not otherwise pledged and applied to the payment of
other obligations of the City, in an amount, together with other funds which may
herein or hereafter from time to time be irrevocably appropriated to the System
Improvements Project Debt Service Subaccount, sufficient to meet the
requirements of Minnesota Statutes, Section 475.61 for the payment of the
principal and interest of the System Portion of the Bonds; (B) capitalized interest
in the amount of $ ; (C) any collections of all taxes which may
hereafter be levied in the event that the net revenues of the System and other
funds herein pledged to the payment of the principal and interest on the System
Portion of the Bonds are insufficient therefore; (D) a pro rata share of all funds
remaining in the Construction Account after completion of the Project and
payment of the costs thereof, (E) all investment earnings on funds held in the
System Improvements Project Debt Service Subaccount; and (F) any and all other
moneys which are properly available and are appropriated by the governing body
of the City to the System Improvements Project Debt Service Subaccount. The
System Improvements Project Debt Service Subaccount shall be used solely to
pay the principal and interest and any premium for redemption of the System
Portion of the Bonds and any other general obligation bonds of the City hereafter
issued by the City and made payable from said subaccount as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (1) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (2) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
this effect, any proceeds of the Bonds and any sums from time to time held in the Construction
Account, Operation and Maintenance Accounts or Debt Service Account (or any other City
account which will be used to pay principal or interest to become due on the bonds payable
therefrom) in excess of amounts which under then applicable federal arbitrage regulations may
be invested without regard to yield shall not be invested at a yield in excess of the applicable
yield restrictions imposed by said arbitrage regulations on such investments after taking into
account any applicable "temporary periods" or "minor portion" made available under the federal
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arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued
by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and
to the extent that such investment would cause the Bonds to be "federally guaranteed" within the
meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code ").
16. Covenants Relating to the Improvement Portion of the Bonds
(a) Assessments It is hereby determined that no less than twenty percent of the cost
to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes,
Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every
assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby
covenants and agrees that it will let all construction contracts not heretofore let within one year
after ordering each Improvement financed hereunder unless the resolution ordering the
Improvement specifies a different time limit for the letting of construction contracts. The City
hereby further covenants and agrees that it will do and perform as soon as they may be done all
acts and things necessary for the final and valid levy of such special assessments, and in the
event that any such assessment be at any time held invalid with respect to any lot, piece or parcel
of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken
by the City or the City Council or any of the City officers or employees, either in the making of
the assessments or in the performance of any condition precedent thereto, the City and the City
Council will forthwith do all further acts and take all further proceedings as may be required by
law to make the assessments a valid and binding lien upon such property. It is hereby
determined that the assessments shall be payable in equal, consecutive, annual installments, with
general taxes for the years shown below and with interest on the declining balance of all such
assessments at a rate per annum not greater than the maximum permitted by law and not less
than the rates per annum shown opposite their collection years specified below:
Improvement Designations tions Levy Years Collection Years Rate Amount
2012 -2026 2013 -2027 See Attached
Schedule
At the time the assessments are in fact levied the City Council shall, based on the then -
current estimated collections of the assessments, make any adjustments in any ad valorem taxes
required to be levied in order to assure that the City continues to be in compliance with
Minnesota Statutes, Section 475.61, Subdivision 1.
(b) Tax Levy; Coverage Test To provide moneys for payment of the principal and
interest on the Improvement Portion of the Bonds there is hereby levied upon all of the taxable
property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and
collected with and as part of other general property taxes in the City for the years and in the
amounts as follows:
Year of Tax Levy
Year of Tax Collection
Amount
2012 -2026
2013 -2027
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See Attached Schedule
4706974v1
The tax levies are such that if collected in full they, together with estimated collections of
special assessments and other revenues herein pledged for the payment of the Improvement
Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet
when due the principal and interest payments on the Improvement Portion of the Bonds. The tax
levies shall be irrepealable so long as any of the Improvement Portion of the Bonds are
outstanding and unpaid, provided that the City reserves the right and power to reduce the levies
in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
17. Covenants Relating to the System Portion of the Bonds
(a) Sufficiency of Net Revenues, Coverage Test It is hereby found, determined and
declared that the net revenues of the System are sufficient in amount to pay when due the
principal of interest on the System Portion of the Bonds and the Outstanding System Bonds and a
sum at least five percent in excess thereof. The net revenues of the Water System are sufficient
to pay the Outstanding Water Revenue Bonds and a sum at least five percent in excess thereof.
The net revenues of the System are hereby pledged for the payment of the Bonds on a parity lien
with the Outstanding Bonds and shall be applied for that purpose, but solely to the extent
required to meet the principal and interest requirements of the Bonds as the same become due.
Nothing contained herein shall be deemed to preclude the City from making further
pledges and appropriations of the net revenues of the System for the payment of other or
additional obligations of the City, provided that it has first been determined by the City Council
that the estimated net revenues of the System will be sufficient in addition to all other sources,
for the payment of the System Portion of the Bonds and such additional obligations and any such
pledge and appropriation of the net revenues of the System may be made superior or subordinate
to, or on a parity with the pledge and appropriation herein.
(b) Excess Net Revenues Net revenues in excess of those required for the foregoing
may be used for any proper purpose.
(c) Covenant to Maintain Rates and Charges In accordance with Minnesota Statutes,
Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will
impose and collect charges for the service, use, availability and connection to the System at the
times and in the amounts required to produce net revenues adequate to pay all principal and
interest when due on the System Portion of the Bonds. Minnesota Statutes, Section 444.075,
Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a
temporary basis, to pay general or special obligations when the other revenues are insufficient to
meet the obligations."
18. Defeasance When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also discharge its obligations with respect to any prepayable Bonds called
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for redemption on any date when they are prepayable according to their terms, by depositing
with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full,
provided that notice of redemption thereof has been duly given. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a
suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if
notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
19. Compliance With Reimbursement Bond Regulations The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure ").
The City hereby certifies and /or covenants as follows:
(a) Not later than sixty days after the date of payment of a Reimbursement
Expenditure, the City (or person designated to do so on behalf of the City) has made or will have
made a written declaration of the City's official intent (a "Declaration ") which effectively (i)
states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional
description of the property, project or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of
Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the
proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the
Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)
the issuance of the Bonds and in all events within the period ending on the date which is the later
of three years after payment of the Reimbursement Expenditure or one year after the date on
which the Project to which the Reimbursement Expenditure relates is first placed in service.
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(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30
days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing
covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating
in effect that such action will not impair the tax- exempt status of the Bonds.
20. Continuing Disclosure The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "),
promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking ") hereinafter described to:
(a) Provide or cause to be provided to the Municipal Securities Rulemaking Board
(the "MSRB ") by filing at www.emma.msrb.org in accordance with the Rule, certain annual
financial information and operating data in accordance with the Undertaking. The City reserves
the right to modify from time to time the terms of the Undertaking as provided therein.
(b) Provide or cause to be provided to the MSRB notice of the occurrence of certain
events with respect to the Bonds in not more than ten (10) business days after the occurrence of
the event, in accordance with the Undertaking.
(c) Provide or cause to be provided to the MSRB notice of a failure by the City to
provide the annual financial information with respect to the City described in the Undertaking, in
not more than ten (10) business days following such amendment.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and Manager of the City, or any other officer of the City authorized to act in
their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City
the Undertaking in substantially the form presented to the City Council subject to such
modifications thereof or additions thereto as are (i) consistent with the requirements under the
Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
21. General Obligation Pledge For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the net revenues of the
System appropriated and pledged to the payment of principal and interest on the System Portion
of the Bonds, together with other funds irrevocably appropriated to the System Improvements
Project Debt Service Subaccount herein established, shall at any time be insufficient to pay such
principal and interest when due, the City covenants and agrees to levy, without limitation as to
rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such
principal and interest as it becomes due. If the balance in the Debt Service Account is ever
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4706974v1
insufficient to pay all principal and interest then due on the Bonds and any other bonds payable
therefrom, the deficiency shall be promptly paid out of any other funds of the City which are
available for such purpose, and such other funds may be reimbursed with or without interest
from the Debt Service Account when a sufficient balance is available therein.
22. Certificate of Registration A certified copy of this resolution is hereby directed
to be filed with the Director of Property Tax and Public Records of Hennepin County, together
with such other information as the Director shall require and there shall be obtained from the
Director a certificate that the Bonds have been entered in the County Bond Register and that the
tax levy required by law has been made.
23. Records and Certificates The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
24. Negative Covenant as to Use of Bond Proceeds and Project The City hereby
covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them
to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such
a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103
and 141 through 150 of the Code.
25. Tax- Exempt Status of the Bonds; Rebate; Elections The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation
(i) requirements relating to temporary periods for investments, (ii) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment
earnings to the United States. The City expects to satisfy the twenty -four month expenditure
exemption for gross proceeds of the Bonds as provided in Section 1.148- 7(d)(1) of the
Regulations. The Mayor and /or Finance Director are hereby authorized and directed to make
such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary,
appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall
be deemed and treated as, elections of the City.
26. Designation of Qualified Tax - Exempt Obligations In order to qualify the Bonds
as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for
purposes of Section 265(b)(3) of the Code;
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4706974v1
(d) the reasonably anticipated amount of tax- exempt obligations (other than private
activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2012 will
not exceed $10,000,000;
(e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2012 have been designated for purposes of Section 265(b)(3) of the Code; and
(f) the aggregate face amount of the Bonds does not exceed $10,000,000.
The City shall use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designation made by this paragraph.
27. Payment of Issuance Expenses The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska,
Minnesota, on the closing date for further distribution as directed by Ehlers.
28. Governmental Bonds Post - Issuance Compliance Policies and Procedures The
City hereby approves the Governmental Bonds Post - Issuance Compliance Policies and
Procedures as contained in Attachment A.
29. Severability If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution
30. Headings Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF MOUND
I, the undersigned, being the duly qualified and acting Manager of the City of Mound,
Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes
with the original thereof on file in my office, and that the same is a full, true and complete
transcript of the minutes of a meeting of the City Council, duly called and held on the date
therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale
of $4,860,000 General Obligation Bonds, Series 2012A.
WITNESS my hand on June _, 2012.
Manager
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EXHIBIT A
Proposals
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ATTACHMENT A
Government Bonds Post - Issuance Compliance Policies and Procedures
with Memorandum
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4706974v1
BRIGGS Z M O R G A N
W2200 First National Bank Building
332 Minnesota Street
St. Paul MN 55101 -1396
tel 651.808.6600
fax 651.808.6450
MEMORANDUM
TO: Catherine Pausche, Finance Director, City of Mound
FROM: Mary L. Ippel
DATE: June 5, 2012
RE: Post - Issuance Compliance Policies and Procedures
Following issuance by the City of Mound of tax - exempt governmental bonds, the City of
Mound must continue to take certain actions with respect to the bonds in order that they retain
their tax - exempt status. In particular, the City of Mound must be sure that the project financed
with the bonds continues to be used for public purposes and that the proceeds of the bonds are
applied in a manner that complies with the arbitrage rules on the Internal Revenue Code of 1986,
as amended (the "Code "), and its related regulations.
Over the last couple of years, the IRS has increased its scrutiny of tax - exempt bonds and
has strongly expressed an expectation that issuers of tax - exempt bonds have written procedures
in place to ensure compliance with these rules. Most recently, in September, 2011, the IRS
released a new Form 8038 -G, which is the form that issuers file upon the issuance of each tax -
exempt bond issue. The new version of the form specifically asks the issuer to check a box that
it has established written procedures "to ensure that all nonqualified bonds of this issue are
remediated according to the requirements under the Code and Regulations." There is a second
box asking if the issuer has written procedures "to monitor the requirements of Section 148,"
which is the Code section governing arbitrage.
There is no statutory or rule requirement that the City of Mound have such written
procedures. By including these questions on Form 8038-G (the same questions also appear on
Form 8038), however, the IRS is strongly emphasizing its view of the importance of having such
procedures in place. Informally, the IRS has also indicated that having such procedures in place
may result in a lower penalty in the event of any audit or voluntary compliance agreement related
to an issuer's bonds. Therefore, we strongly recommend that the City of Mound adopt the
proposed Post - Issuance Compliance Policies and Procedures.
The proposed Policies and Procedures have been drafted to cover the concerns and
expectations that have been expressed by the IRS. Yet, at the same time, we recognize that the
i ^ o - Briggs and Morgan, Professional Association
- 1487 - Minneapolis I St. Paul I www.briggs.com
Member - Lex Mundi, a Global Association of Independent Law Firms
4714116v1
BRIGGS AND M O R G A N
City of Mound, along with its bond counsel and financial advisor, are already doing many of the
tasks set forth in the document. It simply demonstrates that the City of Mound is, in fact, taking
the appropriate actions to ensure that its bonds remain tax- exempt.
Please feel free to contact us if you have any further questions or comments.
47141160
Catherine Pausche
From:
Casey, Claudia [CCasey @Briggs.com]
Sent:
Tuesday, June 05, 2012 2:50 PM
To:
Catherine Pausche
Cc:
Wendy Lundberg; grobertson @ehiers- inc.com
Subject:
City of Mound Post Issuance Compliance
Attachments:
PCDOCS- #4713934 -v1 -Mound POST ISSUANCE COMPLIANCE POLICIES AND
PROCEDURES.DOC; PCDOCS- #4714116 -v1 -Mound MEMO POST ISSUANCE
COMPLIANCE.DOC
Catherine: As discussed with Mary Ippel, attached is the "Government Bonds Post - Issuance Compliance Policies and
Procedures" document and a memorandum which explains the need for the policies.
The approval of these procedures by the City Council on June 12th is included in the bond resolution for the issuance of
the General Obligation Bonds, Series 2012A at paragraph 28, which I will be sending you later today. The language at
paragraph 28 reads as follows: "Governmental Bonds Post - Issuance Compliance Policies and Procedures. The City
hereby approves the Governmental Bonds Post - Issuance Compliance Policies and Procedures in substantially the form
presented to the City Council."
Upon the approval of the policies and procedures, please sign last page and retain these documents on file for future
reference.
If you have any questions, please feel free to contact me or Mary Ippel at 651 - 808 -6620 or at mippel @briggs.com
Claudia MI. Casey
Paralegal
Briggs and Morgan, P.A.
Direct 651.808.6653
Fax 651.808.6450
ccasey0briggs.com
W2200 First National Bank Building I 332 Minnesota Street I St. Paul, MN 55101
CONFIDENTIALITY NOTICE: The information contained in this e-mail
communication and any attached documentation may be privileged,
confidential or otherwise protected from disclosure and is
intended only for the use of the designated recipient(s). It
is not intended for transmission to, or receipt by, any unauthorized
person. The use, distribution, transmittal or re- transmittal by
an unintended recipient of this communication is strictly
prohibited without our express approval in writing or by e -mail.
If you are not the intended recipient of this e -mail, please delete
it from your system without copying it and notify the above sender
so that our e-mail address may be corrected. Receipt by anyone other
than the intended recipient is not a waiver of any attorney- client
or work - product privilege.
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CITY OF MOUND, MINNESOTA
GOVERNMENTAL BONDS
POST - ISSUANCE COMPLIANCE
POLICIES AND PROCEDURES
The following policies and procedures were adopted by the City Council of the City of
Mound, Minnesota (the "City ") as of the date indicated below with respect to the governmental
bonds of the City, to require, and further ensure, the ongoing compliance of governmental bonds
issued by the City with the Internal Revenue Code of 1986, as amended (the "Code "), and the
Treasury Regulations promulgated thereunder (the "Regulations "), including the record retention
requirements of Code Section 6001 and Section 1.6001(a) of the Treasury Regulations. Such
policy and procedures were adopted after consultation with Briggs and Morgan, P.A., the bond
counsel ( "Bond Counsel "), and Ehlers & Associates, Inc., the financial advisors, to the City and
are internal operating procedures to be used by the City's management in connection with the
issuance and sale of all issues of governmental bonds.
The City Council of the City has the overall, final responsibility for monitoring whether
the City is in compliance with post - issuance federal tax requirements for the City's governmental
bonds. However, the City Council assigns to the Finance Director of the City the primary
operating responsibility to monitor the City's compliance with post - issuance federal tax
requirements for the City's governmental bonds. The Finance Director may further assign post -
issuance compliance responsibilities to other staff of the City, Bond Counsel, the paying agent
for the bonds, and a rebate analyst. The Finance Director shall provide training and educational
resources to City staff who are responsible for ensuring compliance with any portion of these
policies and procedures.
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1. Appropriate Application of Proceeds.
(a) The Finance Director shall ensure the timely expenditure of the proceeds
of governmental bonds by monitoring the application of all bond proceeds
in accordance with the source of funds used and in accordance with the
documents related to the issuance of the governmental bonds, including
the reimbursement of pre - issuance expenses.
(b) The Finance Director shall ensure the correct calculation and application
of bond proceeds pursuant to the Code by:
(i) confirming that any closing and/or allocation memorandum for the
issuance of the bonds is accurate in the deposits directed
thereunder, including ensuring that bond proceeds are used only
for public purposes; and
(ii) through the draw request process, identifying requested
expenditures that are not eligible expenditures.
(c) The Finance Director shall monitor the use of all bond - financed facilities
in order to:
(i) determine whether private business uses of bond - financed facilities
have exceeded de minimus limits set forth in Section 141(b) of the
Code, and
47139341
(ii) determine whether private security or payments have exceeded the
de minimus limits set forth in Section 141(b) of the Code.
2. Arbitrage Yield Restriction and Rebate Requirements.
The Finance Director shall monitor and calculate arbitrage, and shall coordinate and
maintain, or cause to be maintained, records of:
(a) Computations of the yield on the bonds by the City's financial advisor, and
purchases and sales of investments made with bond proceeds (including
amounts treated as "gross proceeds" of bonds under section 148 of the
Code) and receipts of earnings in those investments;
(b) Expenditures made with bond proceeds (including investment earnings on
bond proceeds) for the governmental purposes of the bonds;
(c) Calculations that will be sufficient to demonstrate to the Internal Revenue
Service ( "IRS ") upon an audit of a bond issue that, where applicable, the
City has complied with any available exception to the arbitrage rebate
requirement in respect of that bond issue;
(d) Calculations that will be sufficient to demonstrate to the IRS upon an audit
of a bond issue for which no exception to the arbitrage rebate requirement
was applicable, that the rebate amount, if any, was payable to the United
States of America in respect of investments made with gross proceeds of
that bond issue, was calculated and timely paid with Form 8038 -T timely
filed with the IRS; and
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(e) Information and records showing that investments held in yield- restricted
advance refunding or defeasance escrows for bonds, and investments
made with unspent bond proceeds after the expiration of the applicable
temporary period, were not invested in higher yielding investments.
The Finance Director shall also:
(a) Ensure that any third -party entity tasked with investment responsibility for
governmental bonds is provided with a copy of the tax compliance or
arbitrage certificate for each bond issue and is advised as to all investment
restrictions with respect to the proceeds of and funds related to any
governmental bonds issued by the City;
(b) Cause any funds subject to yield restriction to be segregated;
(c) If necessary, hire an independent contractor annually or every five years,
as the case may be and as required by any arbitrage certificate, to perform
all arbitrage and rebate calculations and to review the City's investment
process to ensure that it is in compliance; and
(d) If necessary, consult with Bond Counsel prior to engaging in post - issuance
credit enhancement transactions.
3. Record Retention Requirements.
It is the policy of the City that, unless otherwise permitted by future IRS regulations or
other guidance, written records (which may be in electronic form) will be maintained with
respect to each bond issue for as long as those bonds remain outstanding, plus three years. For
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this purpose, the bonds include refunding bonds that refund the original bonds and thereby
refinance the property that was financed by the original bonds.
In maintaining electronic storage, the Finance Director will comply with applicable IRS
requirements such as those contained in Revenue Procedure 97 -22.
The records to be obtained and maintained are to include:
(a) The official transcript of proceedings for the original issuance of the bonds
(including ensuring that all applicable documents are included in such
transcript);
(b) Records showing how the bond proceeds were invested, as described in 2
above;
(c) Records showing how the bond proceeds were spent, as described in 1
above, including, but not limited to, loan documents, construction
contracts, draw requests, invoices, payment of bond issuance costs, and
records of "allocations" of bond proceeds to make reimbursement for
project expenditures made before the bonds were actually issued;
(d) Information, records, and calculations showing that, with respect to each
bond issue, the City was eligible for an exception to the arbitrage rebate
requirement or, if not, that the rebate amount, if any, that was payable to
the United States of America in respect of investments made with gross
proceeds of that bond issue, was calculated and timely paid with Form
8038 -T timely filed with the IRS, as described in 2 above;
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(e) Schedules of all bond - financed facilities, including whether such facilities
are land, buildings, or equipment, economic life calculations, and
information regarding depreciation;
(f) Records and agreements related to any trade or business activities by or
with non - governmental entities or persons with respect to any facilities
financed with the proceeds of governmental bonds, including, but not
limited to, management agreements and leases; and
(g) Documentations of all sources of payment or security for the issue.
The basic purpose of the foregoing record retention procedure for the City's
governmental bonds is to enable the City to readily demonstrate to the IRS upon a questionnaire
or an audit of any bond issue that the City has fully complied with all federal tax requirements
that must be satisfied after the issue date of the bonds.
4. Reissuance.
The following policies relate to compliance with rules and regulations regarding the
reissuance of bonds for federal law purposes.
The Finance Director will:
(a) Identify and consult with Bond Counsel regarding any post- issuance
change to any terms of an issue of bonds which could potentially be
treated as a reissuance for federal tax purposes; and
(b) Confirm with Bond Counsel whether any "remedial action" in connection
with a "change in use" (as such terms are defined in the Code and
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Treasury Regulations) would be treated as a reissuance for tax purposes
and, if so, confirm the filing of any new Form 8038 -G.
5. Direct Pay Bonds.
(a) In addition to the other requirements herein, should the City issue direct
pay bonds pursuant to Sections 54A through 54F of the Code, the Finance
Director shall also be responsible for:
(i) determining the amount of interest payable on each interest
payment date and the proper amount of refundable credit reported
on Form 8038 -CP;
(A) as appropriate, the Finance Director shall compare the
interest payment calculations to any independently- verified
report prepared at closing for the bond issue; and
(B) the Finance Director shall approve all disbursements.
(ii) preparing and timely filing all Forms 8038 -CP;
(A) timely filing of Form 8038 -CP shall be made to insure that
payments are timely made on the interest payment date and
such timely filing is ensured by the use of a third -party
filing agent; and
(B) in the case of bond issues with multiple maturities, a
separate Form 8038 -CP shall be filed for each maturity;
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47139341
(iii) ensuring all credit payments shall be requested to be made by wire.
The Finance Director is familiar with the wire payment procedures
for the City and will ensure that the Form 8038 -CP includes the
proper information for payment of the credit to the proper person;
and
(iv) alternatively, hiring a third party (the "Filing Agent ") who shall be
responsible for the matters in this Section 5 and any other
responsibilities set forth in a filing agent agreement between the
City and the Filing Agent.
(b) In addition to the records retained pursuant to Section 3, the records to be
obtained and maintained with respect to direct pay bonds are to include:
(i) information, records, and calculations showing that Forms 8038-
CP were properly prepared and timely filed, as described in (a)
above;
(ii) all contracts that are subject to the federal Davis -Bacon prevailing
wage rules; and
(iii) with respect to Qualified Energy Conservation Bonds, such
documents, test results, audits, and reports obtained by the City
that demonstrate that the final project has achieved a reduction in
energy consumption in publicly -owned buildings by at least 20 %.
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(c) The Finance Director shall ensure that all contracts let for projects
financed with direct pay bonds shall comply with the federal Davis -Bacon
prevailing wage rules.
6. Taxable Governmental Bonds.
Most of the provisions of these policies and procedures are not applicable to
governmental bonds the interest on which is includable in gross income for federal income tax
purposes. However, if an issue of taxable governmental bonds is later refunded with the
proceeds of an issue of tax - exempt governmental refunding bonds, then the uses of the proceeds
of the taxable governmental bonds and the uses of the facilities financed with the proceeds of the
taxable governmental bonds will be relevant to the tax - exempt status of the governmental
refunding bonds. Therefore, if there is any reasonable possibility that an issue of taxable
governmental bonds may be refunded, in whole or in part, with the proceeds of an issue of tax-
exempt governmental bonds then, for purposes of these policies and procedures, the Finance
Director shall treat the issue of taxable governmental bonds as if such issue were an issue of tax-
exempt governmental bonds and shall carry out and comply with the requirements of these
policies and procedures with respect to such taxable governmental bonds. The Finance Director
shall seek the advice of Bond Counsel as to whether there is any reasonable possibility of issuing
tax - exempt governmental bonds to refund an issue of taxable governmental bonds.
7. Qualified 501(c)(3)
If the City issues bonds to finance a facility to be owned by the City but which may be
used, in whole or in substantial part, by a nongovernmental organization that is exempt from
federal income taxation under Section 501(a) of the Code as a result of the application of Section
501(c)(3) of the Code (a "501(c)(3) Organization "), the City may elect to issue the bonds as
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"qualified 501(c)(3) bonds" the interest on which is exempt from federal income taxation under
Sections 103 and 145 of the Code and applicable Treasury Regulations. Although such qualified
501(c)(3) bonds are not governmental bonds, at the election of the Finance Director, for purposes
of these policies and procedures, the Finance Director may treat such issue of qualified 501(c)(3)
bonds as if such issue were an issue of tax - exempt governmental bonds and shall carry out and
comply with the requirements of these policies and procedures with respect to such qualified
501(c)(3) bonds. Alternatively, in cases where compliance activities are reasonably within the
control of the relevant 501(c)(3) Organization, the Finance Director may determine that all or
some portion of the compliance responsibilities described herein shall be assigned to
organization.
8. Conduit Bonds.
The provisions of these policies and procedures are primarily intended to be applicable to
governmental bonds. However, the City may from time to time issue qualified 501(c)(3) bonds
or other qualified private activity bonds that are not governmental bonds and loan the proceeds
thereof to a nongovernmental organization that is the obligor on such conduit bonds. Although
such conduit bonds are not governmental bonds, at the election of the Finance Director, for
purposes of these policies and procedures, the Finance Director may treat such issue of conduit
bonds as if such issue were an issue of tax- exempt governmental bonds and shall carry out and
comply with the requirements of these policies and procedures with respect to such conduit
bonds. Alternatively, in cases where compliance activities are reasonably within the control of
the relevant obligor, the Finance Director may determine that all or some portion of the
compliance responsibilities described herein shall be assigned to or required of such obligor.
9. General Requirements.
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(a) Periodically, the Finance Director shall consult with Bond Counsel,
general counsel, and financial advisors to the City to determine if any
changes to these procedures are advisable and shall amend these
procedures accordingly.
(b) These procedures may be amended or withdrawn from time to time and
constitute internal management procedures for compliance with certain
provisions of the Code and do not constitute and are not intended to be,
rules of the City.
Adopted this 12th day of June, 2012 on behalf of the City.
CITY OF MOUND, MINNESOTA
Its Finance Director
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EXTRACT OF MINUTES OF A MEETING
OF THE CITY COUNCIL
CITY OF MOUND, MINNESOTA
HELD: June 12, 2012
Pursuant to due call, a regular meeting of the City Council of the City of Mound,
Minnesota, was duly held at the City Hall on June 12, 2012, at 7:00 P.M., for the purpose in part
of considering proposals and awarding the sale of $5,505,000 General Obligation Refunding
Bonds, Series 2012B.
The following members were present:
and the following were absent:
Member introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING PROPOSAL ON THE SALE OF
$5,505,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012B,
PROVIDING FOR THEIR ISSUANCE AND PLEDGING NET REVENUES
AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City of Mound, Minnesota (the "City "), after publication of the
notice of public hearing, on September 13, 2011, held a public hearing on the proposed issuance
of CIP Refunding Portion of the bonds (as hereinafter defined) pursuant to Minnesota Statutes,
Section 475.521, Subd. 2 and on the proposed capital improvement plan, and adopted the Capital
Improvement Plan for the City (the "Plan") in accordance with the provisions of Minnesota
Statutes, Section 475.521, Subd. 3, which provided, in part, for the issuance of bonds to acquire
the Public Safety Building (the "Facility ") which the City is leasing from the Housing and
Redevelopment Authority of the City of Mound, Minnesota (the "HRA ") and in connection with
the acquisition the current refunding of the outstanding HRA's Public Safety Building Lease
Revenue Bonds, Series 2002 (City of Mound, Minnesota Lease Obligation), dated July 1, 2002
(the "Prior 2002 Bonds ") which financed the Facility; and
B. WHEREAS, no petition signed by voters equal to five percent of the votes cast in
the City in the last general election requesting a vote on the issuance of the capital improvement
plan bonds has been filed with the City Manager within thirty days after the public hearing on
the issuance of the Bonds; and
C. WHEREAS, the City has also determined that it is necessary to provide moneys
for a current refunding of the City's $1,675,000 original principal amount of General Obligation
Revenue Bonds, Series 2004B, dated June 22, 2004 (the "Prior 2004B Bonds "); and
D. WHEREAS, the City of Mound, Minnesota (the "City "), owns and operates a
municipal water utility system (the "Water System "), a municipal sewer utility system (the
"Sewer System "), and a municipal storm water utility system (the "Storm Water System" and,
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together with the Water System and the Sewer System, the "System "), as separate revenue
producing public utilities and there are outstanding payable from the net revenues of the System:
(i) $1,675,000 original principal amount of General Obligation Revenue Bonds, Series 2004B,
dated June 22, 2004 (the "2004B Bonds "), (ii) $1,240,000 original principal amount of General
Obligation Utility Revenue Bonds, Series 2006B, dated April 11, 2006 (the "2006B Bonds ");
(iii) 2,355,000 original principal amount of General Obligation Utility Revenue Bonds, Series
2007B, dated April 5, 2007 (the "2007B Bonds "); (iv) $1,885,000 original principal amount of
General Obligation Utility Revenue Bonds, Series 2008C, dated June 4, 2008 (the "2008C
Bonds "); (v) $5,060,000 original principal amount of General Obligation Utility Revenue bonds,
Series 2009B, dated June 4, 2009 (the "2009B Bonds "); (vi) $1,490,000 original principal
amount, which is the "System Portion" of the General Obligation Refunding Bonds, Series
2011A, dated February 2, 2011 (the "2011A Bonds "); and (vii) $2,840,000 original principal
amount, which is the "System Portion" of the General Obligation Bonds, Series 2011 B, dated
May 5, 2011 (the "2011B Bonds ", and together with the 2004B Bonds, the 2006B Bonds, the
2007B Bonds, the 2008C Bonds, the 2009B Bonds, and the 2011A Bonds, the "Outstanding
System Bonds "); and
E. WHEREAS, there is currently outstanding $3,325,000 original principal amount
of General Obligation Water Revenue Bonds, Series 2005B, dated April 19, 2005 (the
"Outstanding Water Revenue Bonds ", and together with the Outstanding System Bonds, the
"Outstanding Bonds "), which are payable from the net revenues of the Water System; and
F. WHEREAS, the City has heretofore determined, in accordance with Minnesota
Statutes, Section 475.521, Subd. 4, that the maximum amount of principal and interest to become
due in any year on the CIP Refunding Portion of the Bonds, and any other outstanding bonds
issued under Minnesota Statutes, Section 475.521, is less than 0.16 percent of the taxable market
value of property of the City; and
G. WHEREAS, $4,790,000 aggregate principal amount of the Prior 2002 Bonds
which mature, or are subject to mandatory redemption, on and after February 1, 2013 (the
'Refunded 2002 Bonds "), are callable on August 1, 2012 (the "Call Date "), as provided in the
Mortgage and Security Agreement and Indenture of Trust dated as of July 1, 2002 (the "Prior
2002 Indenture "), and the refunding of the callable Prior 2002 Bonds is consistent with
covenants made with the holders thereof, and is necessary and desirable for the reduction of debt
service cost to the City; and
H. WHEREAS, $1,180,000 principal amount of the Prior 2004B Bonds which
mature, or are subject to mandatory redemption, on and after February 1, 2013 (the 'Refunded
2004B Bonds" and together with the Refunded 2002 Bonds, the 'Refunded Bonds "), is callable
on the Call Date at a price of par plus accrued interest, as provided in the Resolution of the City
adopted May 25, 2004 (the "Prior 2004B Resolution "); and
1. WHEREAS, the City Council has heretofore determined that it is necessary and
expedient to issue $5,505,000 General Obligation Refunding Bonds, Series 2012B (the 'Bonds"
or individually, a 'Bond ") pursuant to Minnesota Statutes, Section 475.521 and Chapter 475 to
provide funds to (i) acquire the Facility pursuant to a current refunding of the Prior 2002 Bonds
and (ii) a current refunding of the Prior 2004B Bonds; and
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J. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville,
Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Bonds and was
therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been
solicited by Ehlers; and
K. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the Manager, or designee, at the offices of Ehlers at 12:00 noon this same day pursuant to the
Preliminary Official Statement dated May 31, 2012 established for the Bonds; and
L. WHEREAS, it is in the best interests of the City that the Bonds be issued in book -
entry form as hereafter provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound,
Minnesota, as follows:
1. Acceptance of Proposal The proposal of
(the "Purchaser "), to purchase the Bonds in accordance with
the Preliminary Official Statement established for the Bonds, at the rates of interest hereinafter
set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is
hereby found, determined and declared to be the most favorable proposal received and is hereby
accepted, and the Bonds are hereby awarded to the Purchaser. The Manager is directed to retain
the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith
checks or drafts.
2. Bond Terms
(a) Original Issue Date; Denominations; Maturities; and Term Bond Option The
Bonds shall be dated July 12, 2012, as the date of original issue and shall be issued forthwith on
or after such date in fully registered form. The Bonds shall be numbered from R -1 upward in the
denomination of $5,000 each or in any integral multiple thereof of a single maturity (the
"Authorized Denominations "). The Bonds shall mature on February 1 in the years and amounts
as follows:
Year Amount
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
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2024
2025
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the forgoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) Allocation of Bonds to Prior 2002 Bonds and Prior 2004B Bonds, of
Prepayments to Portions of Debt Service The aggregate principal amount of $
maturing in each of the years and amounts hereinafter set forth are issued to refund the Prior
2002 Bonds (the "CIP Refunding Portion "). The aggregate principal amount of $
maturing in each of the years and amounts hereinafter set forth are issued to refund the Prior
2004B Bonds (the "System Refunding Portion "):
CIP Refunding System Refunding
Year Portion Portion
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service
(and hence allocated to the payment of Bonds treated as relating to a particular portion of debt
service) as provided in this paragraph. If the source of prepayment moneys is the general fund of
the City, or other generally available source, the prepayment may be allocated to either or both of
the portions of debt service in such amounts as the City shall determine. If the source of the
prepayment is taxes levied for the purchase of the Facility, the prepayment shall be allocated to
the CIP Refunding Portion of debt service. If the source of a prepayment is excess net revenues
of the System pledged to the System, the prepayment shall be allocated to the System Refunding
Portion of debt service.
(c) Book Entry Only System The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or
successors to its functions hereunder (the "Depository ") will act as securities depository for the
Bonds, and to this end:
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(i) The Bonds shall be initially issued and, so long as they remain in book entry
form only (the "Book Entry Only Period "), shall at all times be in the form of a separate
single fully registered certificate for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
(i) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO.,
as the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee ").
(i) With respect to the Bonds neither the City nor the Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial institution
for which the Depository holds Bonds as securities depository (the "Participant ") or the
person for which a Participant holds an interest in the Bonds shown on the books and
records of the Participant (the "Beneficial Owner "). Without limiting the immediately
preceding sentence, neither the City, nor the Registrar, shall have any such responsibility
or obligation with respect to (A) the accuracy of the records of the Depository, the
Nominee or any Participant with respect to any ownership interest in the Bonds, or (B)
the delivery to any Participant, any Owner or any other person, other than the Depository,
of any notice with respect to the Bonds, including any notice of redemption, or (C) the
payment to any Participant, any Beneficial Owner or any other person, other than the
Depository, of any amount with respect to the principal of or premium, if any, or interest
on the Bonds, or (D) the consent given or other action taken by the Depository as the
Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or
consent of any Holder under this Resolution, the City may, however, rely upon an
omnibus proxy under which the Depository assigns its consenting or voting rights to
certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
(i) The City and the Registrar may treat as and deem the Depository to be the
absolute owner of the Bonds for the purpose of payment of the principal of and premium,
if any, and interest on the Bonds, for the purpose of giving notices of redemption and
other matters with respect to the Bonds, for the purpose of obtaining any consent or other
action to be taken by Holders for the purpose of registering transfers with respect to such
Bonds, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall
pay all principal of and premium, if any, and interest on the Bonds only to or upon the
Holder of the Holders of the Bonds as shown on the register, and all such payments shall
be valid and effective to fully satisfy and discharge the City's obligations with respect to
the principal of and premium, if any, and interest on the Bonds to the extent of the sum or
sums so paid.
(i) Upon delivery by the Depository to the Registrar of written notice to the effect
that the Depository has determined to substitute a new Nominee in place of the existing
Nominee, and subject to the transfer provisions in paragraph 10, references to the
Nominee hereunder shall refer to such new Nominee.
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4708516v1
(i) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Registrar
or City, as the case may be, to the Depository as provided in the Letter of Representations
to the Depository required by the Depository as a condition to its acting as book -entry
Depository for the Bonds (said Letter of Representations, together with any replacement
thereof or amendment or substitute thereto, including any standard procedures or policies
referenced therein or applicable thereto respecting the procedures and other matters
relating to the Depository's role as book -entry Depository for the Bonds, collectively
hereinafter referred to as the "Letter of Representations ").
(i) All transfers of beneficial ownership interests in each Bond issued in book -
entry form shall be limited in principal amount to Authorized Denominations and shall be
effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(i) In connection with any notice or other communication to be provided to the
Holders pursuant to this Resolution by the City or Registrar with respect to any consent
or other action to be taken by Holders, the Depository shall consider the date of receipt of
notice requesting such consent or other action as the record date for such consent or other
action; provided, that the City or the Registrar may establish a special record date for
such consent or other action. The City or the Registrar shall, to the extent possible, give
the Depository notice of such special record date not less than 15 calendar days in
advance of such special record date to the extent possible.
(i) Any successor Registrar in its written acceptance of its duties under this
Resolution and any paying agency registrar agreement, shall agree to take any actions
necessary from time to time to comply with the requirements of the Letter of
Representations.
(i) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5,
make a notation of the reduction in principal amount on the panel provided on the Bond
stating the amount so redeemed.
(d) Termination of Book- Entry Only System Discontinuance of a particular
Depository's services and termination of the book -entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
respect to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Bonds if it determines that the Depository
is no longer able to carry out its functions as securities depository or the continuation of
the system of book -entry transfers through the Depository is not in the best interests of
the City or the Beneficial Owners.
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4708516v1
(i) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository can be found which, in the
opinion of the City, is willing and able to assume the functions of the Depository
hereunder upon reasonable or customary terms, or if the City determines that it is in the
best interests of the City or the Beneficial Owners of the Bonds that the Beneficial
Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be
registered as being registered in the bond register in the name of the Nominee, but may
be registered in whatever name or names the Holder of the Bonds shall designate at that
time, in accordance with paragraph 10. To the extent that the Beneficial Owners are
designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds
will be delivered to the Beneficial Owners.
(i) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10.
(e) Letter of Representations The provisions in the Letter of Representations are
incorporated herein by reference and made a part hereof. If and to the extent any such provisions
are inconsistent with the other provisions of this resolution, the provisions in the Letter of
Representations shall control.
3. Purpose; Refunding igs The Bonds shall provide funds to (i) current refund
the Refunded 2004B Bonds and to (ii) acquire the Facility as set forth in the Plan (the "Project "),
pursuant to a current refunding of the Refunded 2002 Bonds (together, the "Refunding "). It is
hereby found and determined that the Refunding is pursuant to Minnesota Statutes, Section
475.67 and shall result in a reduction of debt service cost to the City.
4. Interest The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013,
calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity Year Interest Rate
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
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4708516vl
5. Redemption All Bonds maturing on February 1, 2022, and thereafter, shall be
subject to redemption and prepayment at the option of the City on February 1, 2021, and on any
date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of
the Bonds subject to prepayment. If redemption is in part, the maturities and the principal
amounts within each maturity to be redeemed shall be determined by the City; and if only part of
the Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected registered holder of the Bonds at least thirty days prior to the
date fixed for redemption.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Bond of a denomination of more than
$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds
having the same stated maturity and interest rate and of any Authorized Denomination or
Denominations, as requested by the Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Re ig_strar Bond Trust Services Corporation, in Roseville, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 11.
7. Form of Bond The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
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4708516v1
UNITED STATES OF AMERICA
STATE OF MINNESOTA
HENNEPIN COUNTY
CITY OF MOUND
0
GENERAL OBLIGATION REFUNDING BOND, SERIES 2012B
Interest Rate Maturity Date Date of Original Issue CUSIP
February 1, _ July 12, 2012
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Mound, Hennepin County, Minnesota (the "Issuer "), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns, in the manner hereinafter set forth, the principal amount specified above, on
the maturity date specified above, unless called for earlier redemption, and to pay interest
thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment
Date "), commencing February 1, 2013, at the rate per annum specified above (calculated on the
basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been
provided for. This Bond will bear interest from the most recent Interest Payment Date to which
interest has been paid or, if no interest has been paid, from the date of original issue hereof. The
principal of and premium, if any, on this Bond are payable upon presentation and surrender
hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the
"Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the
Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed
to the person in whose name this Bond is registered (the "Holder" or 'Bondholder ") on the
registration books of the Issuer maintained by the Bond Registrar and at the address appearing
thereon at the close of business on the fifteenth day of the calendar month next preceding such
Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease
to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be
payable to the person who is the Holder hereof at the close of business on a date (the "Special
Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of
the defaulted interest Notice of the Special Record Date shall be given to Bondholders not less
than ten days prior to the Special Record Date. The principal of and premium, if any, and
interest on this Bond are payable in lawful money of the United States of America. So long as
this Bond is registered in the name of the Depository or its Nominee as provided in the
Resolution hereinafter described, and as those terms are defined therein, payment of principal of,
premium, if any, and interest on this Bond and notice with respect thereto shall be made as
provided in the Letter of Representations, as defined in the Resolution, and surrender of this
Bond shall not be required for payment of the redemption price upon a partial redemption of this
Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may
only be registered in the name of the Depository or its Nominee.
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4708516v1
Optional Redemption All Bonds of this issue (the "Bonds ") maturing on February 1,
2022, and thereafter, are subject to redemption and prepayment at the option of the Issuer on
February 1, 2021, and on any date thereafter at a price of par plus accrued interest. Redemption
may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the
maturities and the principal amounts within each maturity to be redeemed shall be determined by
the Issuer; and if only part of the Bonds having a common maturity date are called for
prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar.
Bonds or portions thereof called for redemption shall be due and payable on the redemption date,
and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of
redemption shall be given to the paying agent and to each affected Holder of the Bonds at least
thirty days prior to the date fixed for redemption.
Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed
in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying
the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the
addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear
interest on the specified redemption date, provided funds for their redemption have been duly
deposited.
Selection of Bonds for Redemption; Partial Redemption To effect a partial redemption
of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new
Bond or Bonds having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by the Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obligation This Bond is one of an issue in the total principal
amount of $5,505,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate and denomination, issued pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on
June 12, 2012 (the "Resolution "), for the purpose of providing funds to finance the (i) acquisition
of the Public Safety Building described in the Issuer's Capital Improvement Plan pursuant to a
current refunding of the outstanding Public Safety Building Lease Revenue Bonds, Series 2002
of the Housing and Redevelopment Authority of the City of Mound, Minnesota, dated July 1,
2002 and (ii) a current refunding of the outstanding General Obligation Revenue Bonds, Series
2004B, dated June 22, 2004, pursuant to and in full conformity with the Constitution and laws of
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a7oss16v1
the State of Minnesota, including Minnesota Statutes, Chapter 475. This Bond is payable out of
the General Obligation Refunding Bonds, Series 2012B Fund of the Issuer. This Bond
constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the same become due, the full faith
and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer This Bond is transferable by the Holder in person or by the Holder's attorney
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax - Exempt Obligations This Bond has been designated by the Issuer as a
"qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law; that the
Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect
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47085160
charges for the service, use and availability of its municipal water, sewer and storm water utility
systems (the "System ") at the times and in amounts necessary to produce net revenues, together
with other sums pledged to the payment of the System Refunding Portion of the Bonds, as
defined in the Resolution, adequate to pay all principal and interest when due on the System
Refunding Portion of the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad
valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount,
for the years and in amounts sufficient to pay the principal and interest on System Refunding
Portion of the Bonds as they respectively become due, if the net revenues from the System, and
any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor;
and that this Bond, together with all other debts of the Issuer outstanding on the date of original
issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed
any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Mound, Minnesota, by its City Council has caused
this Bond to be executed on its behalf by the facsimile signatures of the Mayor and the Manager,
the seal of the Issuer having been intentionally omitted as permitted by law.
Date of Registration:
Registrable by: BOND TRUST SERVICES
CCf • [ . 0]
BOND REGISTRAR'S CERTIFICATE
OF AUTHENTICATION
This Bond is one of the Bonds described
in the Resolution mentioned within.
BOND TRUST SERVICES
CORPORATION
Roseville, Minnesota,
Bond Registrar
IM
Authorized Signature
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12
Payable at: BOND TRUST SERVICES
CORPORATION
CITY OF MOUND,
HENNEPIN COUNTY, MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
Manager
4708516vt
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto the
within Bond and does hereby irrevocably constitute and appoint attorney to transfer
the Bond on the books kept for the registration thereof, with full power of substitution in the
premises.
Dated:
Signature Guaranteed:
Notice: The assignor's signature to this assignment must
correspond with the name as it appears upon the
face of the within Bond in every particular, without
alteration or any change whatever.
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad- I5(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
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4708516v1
PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
AUTHORIZED SIGNATURE
DATE AMOUNT OF HOLDER
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4708516v1
8. Execution The Bonds shall be in typewritten form, shall be executed on behalf of
the City by the signatures of its Mayor and Manager and be sealed with the seal of the City;
provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate
seal has been omitted. In the event of disability or resignation or other absence of either officer,
the Bonds may be signed by the manual or facsimile signature of the officer who may act on
behalf of the absent or disabled officer. In case either officer whose signature or facsimile of
whose signature shall appear on the Bonds shall cease to be such officer before the delivery of
the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if the officer had remained in office until delivery.
9. Authentication No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
such Bond, substantially in the form hereinabove set forth, shall have been duly executed by the
Bond Registrar. The Bond Registrar shall authenticate the signatures of officers of the City on
each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the
date of registration in the space provided the date on which the Bond is authenticated, except that
for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as
a date of registration the date of original issue of July 12, 2012. The Certificate of
Authentication so executed on each Bond shall be conclusive evidence that it has been
authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9 with respect to authentication) of, and deliver, in the
name of the designated transferee or transferees, one or more new Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount, having the same stated
maturity and interest rate, as requested by the transferor; provided, however, that no Bond may
be registered in blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City.
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4708516v1
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the holder thereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates.
11. Rights pon Transfer or Exchange Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date "). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13. Treatment of Registered Owner The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 13 with respect to interest payment and record date) on, such Bond and
for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the
City nor the Bond Registrar shall be affected by notice to the contrary.
14. Delivery; Application of Proceeds The Bonds when so prepared and executed
shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price,
and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts There is hereby created a special fund to be designated the
"General Obligation Refunding Bonds, Series 2012B Fund" (the "Fund ") to be administered and
maintained by the Finance Director as a bookkeeping account separate and apart from all other
funds maintained in the official financial records of the City. The Fund shall be maintained in
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4708516v1
the manner herein specified until all of the Bonds and the interest thereon have been fully paid.
There shall be maintained in the Fund the following separate accounts.
(a) Redemption Accounts The following deposits shall be made from Bond
proceeds:
(i) $ in proceeds of the sale of the CIP Refunding Portion of the
Bonds shall be deposited in the Bond Fund heretofore created by the Prior 2002 Indenture
for the Prior 2002 Bonds (the "Prior 2002 Bonds Redemption Account ");
(i) $ in proceeds of the sale of the System Refunding Portion of
the Bonds shall be deposited in the Debt Service Account heretofore created by the Prior
2004B Resolution for the Prior 2004B Bonds (the "Prior 2004B Bonds Redemption
Account ");
The deposits into the Prior 2002 Bonds Redemption Account and the Prior 2004B Bonds
Redemption Account (together, the "Redemption Accounts "), together with all other funds held
therein, are sufficient to prepay the Refunded Bonds on the Call Date and to pay costs of issuing
the Bonds.
(b) Debt Service Account There shall be maintained two separate subaccounts in the
Debt Service Account to be designated the "CIP Refunding Debt Service Subaccount" and the
"System Refunding Debt Service Subaccount." There are hereby irrevocably appropriated and
pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account:
(i) CIP Refunding Debt Service Subaccount To the CIP Debt Service
Subaccount there shall be credited a pro rata share of (A) all funds paid for the Bonds in
excess of the minimum bid; (B) any collections of all taxes herein or hereafter levied for
the payment of the CIP Refunding Portion of the Bonds and interest thereon; (C) on and
after the Call Date, any unexpended moneys in the Series 2002 Public Facility Lease
Revenue Bond Fund created for the Prior 2002 Bonds; (D) on and after the Call Date, any
balance remaining in the Public Safety Building Lease Revenue Bond Fund created in the
Prior 2002 Indenture; (E) all investment earnings on funds held in the CIP Refunding
Debt Service Subaccount; and (F) any and all other moneys which are properly available
and are appropriated by the governing body of the City to the CIP Refunding Debt
Service Subaccount. The CIP Refunding Debt Service Subaccount shall be used solely to
pay the principal and interest and any premiums for redemption of the CIP Refunding
Portion of the Bonds and any other general obligation bonds of the City hereafter issued
by the City and made payable from said account as provided by law.
(i) System Refunding Debt Service Subaccount To the System Refunding
Project Debt Service Subaccount there shall be credited: (A) a pro rata share of all funds
paid for the bonds in excess of the minimum bid; (B) the net revenues of the System not
otherwise pledged and applied to the payment of other obligations of the City, in an
amount, together with other funds which may herein or hereafter from time to time be
irrevocably appropriated to the System Refunding Debt Service Subaccount, sufficient to
meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the
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principal and interest of the System Refunding Portion of the Bonds; (C) any collections
of all taxes which may hereafter be levied in the event that the net revenues of the System
and other funds herein pledged to the payment of the principal and interest on the System
Refunding Portion of the Bonds are insufficient therefore; (D) on and after the Call Date,
any unexpended moneys in the General Obligation Revenue Bonds, Series 2004B Fund
created in the Prior 2004B Resolution; (E) on and after the Call Date, any balance
remaining in the Debt Service Account created in the Prior 2004B Resolution; (F) all
investment earnings on funds held in the System Refunding Debt Service Subaccount;
and (G) any and all other moneys which are properly available and are appropriated by
the governing body of the City to the System Refunding Debt Service Subaccount. The
System Refunding Debt Service Subaccount shall be used solely to pay the principal and
interest and any premium for redemption of the System Refunding Portion of the Bonds
and any other general obligation bonds of the City hereafter issued by the City and made
payable from said subaccount as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (1) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (2) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service
Account (or any other City account which will be used to pay principal or interest to become due
on the bonds payable therefrom) in excess of amounts which under then applicable federal
arbitrage regulations may be invested without regard to yield shall not be invested at a yield in
excess of the applicable yield restrictions imposed by said arbitrage regulations on such
investments after taking into account any applicable "temporary periods" or "minor portion"
made available under the federal arbitrage regulations. Money in the Fund shall not be invested
in obligations or deposits issued by, guaranteed by or insured by the United States or any agency
or instrumentality thereof if and to the extent that such investment would cause the Bonds to be
"federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of
1986, as amended (the "Code ").
16. Covenants Relating to the CIP Refunding Portion of the Bonds
(a) Tax Levy; Coverage Test To provide moneys for payment of the principal and
interest on the CIP Refunding Portion of the Bonds there is hereby levied upon all of the taxable
property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and
collected with and as part of other general property taxes in the City for the years and in the
amounts as follows:
Year of Tax Levy Year of Tax Collection Amount
2012 -2023 2013 -2024 $
The tax levies are such that if collected in full they, together with other revenues herein
pledged for the payment of the CIP Refunding Portion of the Bonds, will produce at least five
percent in excess of the amount needed to meet when due the principal and interest payments on
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the CIP Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of
the CIP Refunding Portion of the Bonds are outstanding and unpaid, provided that the City
reserves the right and power to reduce the levies in the manner and to the extent permitted by
Minnesota Statutes, Section 475.61, Subdivision 3.
17. Covenants Relating to the System Refunding Portion of the Bonds
(a) Sufficiency of Net Revenues; Coverage Test It is hereby found, determined and
declared that the net revenues of the System are sufficient in amount to pay when due the
principal of interest on the System Refunding Portion of the Bonds and the Outstanding System
Bonds and a sum at least five percent in excess thereof. The net revenues of the Water System
are sufficient to pay the Outstanding Water Revenue Bonds and a sum at least five percent in
excess thereof. The net revenues of the System are hereby pledged for the payment of the
Bonds on a parity lien with the Outstanding Bonds and shall be applied for that purpose, but
solely to the extent required to meet the principal and interest requirements of the Bonds as the
same become due.
Nothing contained herein shall be deemed to preclude the City from making further
pledges and appropriations of the net revenues of the System for the payment of other or
additional obligations of the City, provided that it has first been determined by the City Council
that the estimated net revenues of the System will be sufficient in addition to all other sources,
for the payment of the System Portion of the Bonds and such additional obligations and any such
pledge and appropriation of the net revenues of the System may be made superior or subordinate
to, or on a parity with the pledge and appropriation herein.
(b) Excess Net Revenues Net revenues in excess of those required for the foregoing
may be used for any proper purpose.
(c) Covenant to Maintain Rates and Charges In accordance with Minnesota Statutes,
Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will
impose and collect charges for the service, use, availability and connection to the System at the
times and in the amounts required to produce net revenues adequate to pay all principal and
interest when due on the System Refunding Portion of the Bonds and the Outstanding Bonds.
Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax
revenues should be used only, and then on a temporary basis, to pay general or special
obligations when the other revenues are insufficient to meet the obligations."
18. General Obligation Pledge For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the net revenues of the
System appropriated and pledged to the payment of principal and interest on the System Portion
of the Bonds, together with other funds irrevocably appropriated to the System Refunding Debt
Service Subaccount herein established, shall at any time be insufficient to pay such principal and
interest when due, the City covenants and agrees to levy, without limitation as to rate or amount
an ad valorem tax upon all taxable property in the City sufficient to pay such principal and
interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay
all principal and interest then due on the Bonds and any other bonds payable therefrom, the
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deficiency shall be promptly paid out of any other funds of the City which are available for such
purpose, and such other funds may be reimbursed with or without interest from the Debt Service
Account when a sufficient balance is available therein.
19. Prior Bonds; Security and Prepayment Until retirement of the Prior Bonds, all
provisions for the security thereof shall be observed by the City and all of its officers and agents.
The Refunded Bonds shall be redeemed and prepaid on the Call Date in accordance with the
terms and conditions set forth in the Notices of Call for Redemption attached hereto as Exhibit B
and Exhibit C, which terms and conditions are hereby approved and incorporated herein by
reference.
20. Supplemental Resolution The Prior Resolutions authorizing the issuance of the
Prior Bonds are hereby supplemented to the extent necessary to give effect to the provisions
hereof.
21. Defeasance When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered Holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a suitable banking institution qualified by law as an
escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such rates and maturing on such
dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to
become due thereon to maturity or, if notice of redemption as herein required has been duly
provided for, to such earlier redemption date.
22. Continuing Disclosure The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "),
promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking ") hereinafter described to:
(a) Provide or cause to be provided to the Municipal Securities Rulemaking Board
(the "MSRB ") by filing at www.emma.msrb.org in accordance with the Rule, certain annual
financial information and operating data in accordance with the Undertaking. The City reserves
the right to modify from time to time the terms of the Undertaking as provided therein.
(b) Provide or cause to be provided to the MSRB notice of the occurrence of certain
events with respect to the Bonds in not more than ten (10) business days after the occurrence of
the event, in accordance with the Undertaking.
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(c) Provide or cause to be provided to the MSRB notice of a failure by the City to
provide the annual financial information with respect to the City described in the Undertaking, in
not more than ten (10) business days following such amendment.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and Manager of the City, or any other officer of the City authorized to act in
their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City
the Undertaking in substantially the form presented to the City Council subject to such
modifications thereof or additions thereto as are (i) consistent with the requirements under the
Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
23. Certificate of Registration A certified copy of this resolution shall be filed in the
office of the Director of Property Tax and Public Records of Hennepin County, Minnesota,
together with such other information as the Director shall require and the Director shall issue a
certificate that the Bonds have been entered in the Director's Bond Register and that the tax levy
required by law has been filed and levied.
24. Records and Certificates The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
25. Negative Covenant as to Use of Bond Proceeds and Project The City hereby
covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit it to be
used, or to enter into any deferred payment arrangements for the cost of the Project, in such a
manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103
and 141 through 150 of the Code.
26. Tax- Exempt Status of the CIP Refunding Portion of the Bonds; Rebate With
respect to the CIP Refunding Portion of the Bonds, the City is subject to the rebate requirement
imposed by Section 148(f) of the Code because the Refunded 2004B Bonds did not qualify for
the small issuer exemption from rebate, as provided in Section 148(f)(4)(D) of the Code and
Section 1.148 -8 of the Regulations.
27. Tax- Exempt Status of the System Refunding Portion of the Bonds; Rebate The
City shall comply with requirements necessary under the Code to establish and maintain the
exclusion from gross income under Section 103 of the Code of the interest on the Bonds,
including without limitation (i) requirements relating to temporary periods for investments, (ii)
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limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate
of excess investment earnings to the United States. The City expects to satisfy the six month
expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148 -7(c) of the
Regulations. The Mayor and/or Finance Director are hereby authorized and directed to make
such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary,
appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall
be deemed and treated as, elections of the City.
28. Designation of Qualified Tax - Exempt Obligations In order to qualify the Bonds
as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax exempt obligations (other than private
activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2012 will
not exceed $10,000,000;
(e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2012 have been designated for purposes of Section 265(b)(3) of the Code;
(f) the aggregate face amount of the Bonds does not exceed $10,000,000;
Furthermore:
(g) each of the Refunded Bonds was designated as a "qualified tax exempt
obligation" for purposes of Section 265(b)(3) of the Code;
(h) the average maturity of the CIP Refunding Portion of the Bonds does not exceed
the average maturity of the Refunded 2002 Bonds;
(i) the average maturity of the System Refunding Portion of the Bonds does not
exceed the average maturity of the Refunded 2004B Bonds;
0) no part of the Bonds has a maturity date which is later than the date which is
thirty years after the date the Refunded Bonds were issued; and
(k) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds
within the meaning of Section 149(d)(5) of the Code, and shall not be taken into account under
the $10,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of
the Prior Bonds.
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The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
29. Termination of Lease The City hereby elects to exercise its option under Section
10.4 of the Lease Agreement between the City and the HRA, dated as of July 1, 2002 (the
"Lease ") to prepay its Rental Payments (as defined in the Lease) through the Call Date and
deposit funds sufficient to refund the outstanding Prior 2002 Bonds on the Call Date. As
provided in the Lease, the City hereby determines and declares that upon the issuance of the
Bonds, the Lease shall be terminated and the HRA shall have no further right, title and/or interest
in and to the Facility.
30. Severability If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
31. Headings Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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STATE OF MINNESOTA
CITY OF MOUND
I, the undersigned, being the duly qualified and acting Manager of the City of Mound,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council, duly called and held on the
date therein indicated, insofar as the minutes relate to considering proposals and awarding the
sale of $5,505,000 General Obligation Refunding Bonds, Series 2012B.
WITNESS my hand on June _, 2012.
Manager
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EXHIBIT A
Proposals
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4708516v1
EXHIBIT B
NOTICE OF CALL FOR REDEMPTION
$6,860,000 PUBLIC SAFETY BUILDING LEASE REVENUE BONDS, SERIES 2002
HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND,
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the Board of Commissioners of the Housing and
Redevelopment Authority of the City of Mound, Hennepin County, Minnesota (the "HRA "),
there have been called for redemption and prepayment on
August 1, 2012
those outstanding bonds of the HRA designated $6,860,000 Public Safety Building Lease
Revenue Bonds, Series 2002, dated as of July 1, 2002, having stated maturity dates or subject to
mandatory redemption in the years 2013 through 2024, inclusive, and totaling $4,790,000 in
principal amount and having CUSIP numbers listed below:
Year CUSIP Number*
2013
2014
2015
2016
2017
2018
2019
2021
2024
The bonds are being called at a price of par plus accrued interest to August 1, 2012, on which
date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment at U.S. Bank National Association,
Attention: Paying Agent Services, 60 Livingston Avenue, Roseville, Minnesota 55107.
Dated: June 12, 2012 BY ORDER OF THE BOARD OF COMMISSIONERS,
HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF MOUND, MINNESOTA
Chairperson
*The HRA shall not be responsible for the selection of or use of the CUSIP numbers, nor is any
representation made as to their correctness indicated in the notice. They are included solely for
the convenience of the holders.
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4708516v1
EXHIBIT C
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION REVENUE BONDS, SERIES 2004B
CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Mound, Hennepin
County, Minnesota, there have been called for redemption and prepayment on
February 1, 2012
those outstanding bonds of the City designated as General Obligation Revenue Bonds, Series
2004B, dated as of June 22, 2004, having stated maturity dates or subject to mandatory
redemption in the years 2013 through 2025, inclusive, and totaling $1,180,000 in principal
amount and having CUSIP numbers listed below:
Year CUSIP Number*
2014
2016
2018
2021
2023
2024
2025
The bonds are being called at a price of par plus accrued interest to August 1, 2012, on which
date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment, at Bond Trust Services
Corporation, 3060 Centre Pointe Drive, Roseville, Minnesota 55113.
Dated: June 12, 2012
BY ORDER OF THE CITY COUNCIL
/s/ , City Manager
*The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any
representation made as to their correctness indicated in the notice. They are included solely for
the convenience of the holders.
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4708516v1
CITY OF MOUND
RESOLUTION NO. 12-
RESOLUTION RECOGNIZING AND EXPRESSING APPRECIATION TO MOUND -
WESTONKA ROTARY CLUB FOR TYRONE PARK IMPROVEMENTS
WHEREAS, the baseball field at Tyrone Park is used by the Upper Tonka Little League and the
general public; and
WHEREAS, the field's backstop and field surface were in a deteriorating state; and
WHEREAS, the Mound - Westonka Rotary Club recognized these needs for improvement; and
WHEREAS, the Mound - Westonka Rotary Club did use grant funds along with fundraising
monies to renovate the field backstop and surface; and
WHEREAS, these improvements made the field more user friendly and an asset to the City of
Mound,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to
recognize and express sincere appreciation to the Mound - Westonka Rotary Club for the
improvements they made to Tyrone Park.
Adopted by the City Council this day of _,2012.
Mayor Mark Hanus
Attest: Bonnie Ritter, City Clerk
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ivrour.rc�
MOUND POLICE
2415 Wilshire Blvd. Telephone (952) 472 -0621
Mound, MN 55364 Dispatch (763) 525 -6210
Fax (952) 472 -0656
EMERGENCY 911
Date: May 17, 2012
To: City Manager /City Council
From:
Subject:
Police Chief Mooney .
Police Explorers Recognition
The State Police Explorer Conference was held on April 19 -22 in Rochester, MN. The
Mound Explorer Unit entered a Team of four Explorers (Brandon Wenande, Ben
Wenande, Noah Sonie and Christian Westerberg) in the State -wide Police Skills
Competition. Our Explorers competed in four events. The competition is structured so
that all Units conduct a Crime Prevention exercise, but are not told which other 3 events
they will be competing in until 30 minutes prior to the competition.
Our Explorers took first place in Hostage Negotiation, First Aid, and Crime Prevention.
This level of success is unprecedented for a small Post, and is even more remarkable
considering that this is the third year in a row that Mound has won the Mandated Crime
Prevention Event ! !
Sergeant Sussman has directed our Explorer Program throughout the years of this
Championship run. He will introduce the other staff advisors and our Explorers and
present these awards before the City Council.
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Ea L_'T'CN 11 N K
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 - Chaska, MTV 55318 -1172
Phone (952) 448 -8838 - Fax (952) 448 -8805
www.bofton- menk.com
MEMORANDUM
TO: norable Mayor and City Council
FROM: VDaniel L. Faulkner, City Engineer.
DATE: June 7, 2012
SUBJECT: Mound Storm Water Pollution Prevention Program (SWPPP)
2011 Annual Meeting —June 12, 2012
MPCA General Permit for Storm Water Discharge
1 N4=e
As required by the National Pollutant Discharge Elimination System (NPDES), State statute
requires that cities with populations in excess of 10,000 must obtain coverage under the state's
General Permit for storm water discharge. The city of Mound was required to apply for Permit
coverage in 2003, with revisions in 2006. The city is currently covered under the General Permit,
which was originally set to expire in June of 2011. There has been much discussion and public
input on draft rules revisions and additional public informational meetings have been scheduled
by the Minnesota Pollution Control Agency (MPCA). This extensive process has moved the
expiration date of the current General Permit back to late this year. The City will need to abide
by the new rules, once they are adopted and renew its General Permit as required by state statute.
What is the SWPPP?
The primary requirement for coverage under the General Permit is the completion of a City
Storm Water Pollution Prevention Plan (SWPPP). This plan outlines how the city will manage
storm water to improve overall water quality and meet the requirements of the permit, which
includes addressing multiple state- identified best management practices (BMPs). These BMPs
are divided among 6 minimum control measures (MCMs), which are very briefly described
below and accompanied with potential improvement options:
MCM 1) Public Education and Outreach
• Includes promoting water quality information to the general public, currently via: city
newsletter, brochures available at city hall, posters at city hall and newspaper articles.
• In 2011 the City has included links on its website to information or educational
opportunities regarding general surface water management and best management
practices. The City's quarterly newsletter, City Contact, has contained various articles on
Documentl
DESIGNING FOR A BETTER TOMORROW
Bolton & Menk is an equal opportunity employer
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f4 .Z
•
what residents can do to improve water quality.MCM 2) .Public Participation and
Involvement
• It is required that the City solicit public input on water quality - related issues. This
requirement is met by the annual public meeting and 30 day advance notice which was
published in the Saturday, May 5, 2012 edition of The Laker.
MCM 3) Illicit Discharge Detection and Elimination
• The City maintains its storm sewer and drainage area maps.
• Public works addresses any illicit discharge reports from the public.
MCM 4) Construction Site Storm Sewer Runoff'
• The city currently requires sediment and erosion be controlled to State and Minnehaha
Creek Watershed. District (MCWD) standards. City projects are inspected and weekly
reports are made.
• City should require submittal of weekly inspection logs from developer construction.
MCM 5) Post - Construction Storm Water Management in New Development and Redevelopment
• The City requires storm water treatment facilities meeting State and Watershed standards
and plans are reviewed for verification.
MCM 6) Pollution PreventionlGood Housekeeping
• The City follows a regular street sweeping schedule, with greater emphasis put on heavier
traffic areas.
• The City has met the requirement to annually inspect a minimum of 20% of all storm
sewer outfalls and 100% of all structural pollution control devices and keep appropriate
records.
• It is recommended that the City require maintenance agreements for developments with
private ponds /rain gardens that are intended to meet the storm water requirements.
• The City should continue to work with the Minnehaha Creek Watershed to implement
Total Maximum Daily Load (TMDL) requirements as they arise.
The City of Mound is in compliance with the General Permit for storm water discharge. Bolton
& Menk staff will work with City staff to implement the above recommendations and other
Control Measures and Best Management Practices as deemed appropriate and beneficial. No
action is required. by City Council with. respect to the public meeting or the annual SWPPP report
to be submitted to the MPCA before the June 30 deadline.
Documentl
DESIGNING ri1k7S 11"TER TOMORROW
Rohon & Mork i3 on equal opportunity employer.
CITY OF MOUND
NOTICE OF PUBLIC MEETING
The City of Mound holds a National Pollutant Discharge Elimination System (NPDES)
Phase II permit from the Minnesota Pollution Control Agency (MPCA) with the og_al of
reducing_ pollutant concentrations to surface waters As required, the City has prepared a
Storm Water Pollution Prevention Plan ( SWPPP) and annually solicits public input on the
Plan. Citizens are invited to participate in this year's annual meeting and to report
general concerns regarding the SWPPP or specific information on illicit discharges
within the community. Citizens have the opportunity to come to the meeting and express
concerns orally or submit concerns in writing prior to the meeting. The City must
consider citizen input and make appropriate adjustments to the SWPPP prior to
submitting its annual report to the MPCA.
The meeting will be held as part of a regularly scheduled council meeting at 7:00 p.m. on
Tuesday, June 12, 2012. The council agenda will be available from the City or the City's
website prior to the meeting date. The public is encouraged to submit written
comments /concerns on the SWPPP by June 1, 2012 to City Hall, 5341 Maywood Road,
Mound, MN 55364. A copy of the SWPPP is available for review at City Hall. For
more information, contact the City at 952- 472 -0615.
Published in The Laker on May 5, 2012
Posted May 1, 2012
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DOCKS AND COMMONS COMMISSION MEETING
Thursday, May 17, 2012
Present: Chair Jim Funk, Commissioners Mark Drahos, Susan Gardner, Rodney
Beystrom, and Cliff Schmidt.
Excused: David Osmek
Staff Present: Public Works Superintendent Jim Fackler
Public Present: None
Chair Jim Funk called the meeting to order at 7:00 p.m.
1. Approval of Agenda
MOTION by Funk, second by Gardner, to approve agenda as presented. MOTION carried
unanimously.
2. Approval of April 19, 2012 Minutes
MOTION by Schmidt, second by Drahos, to approve the minutes as written. MOTION
approved unanimously
3. Comments and Suggestions — no one present
4. Public Lands Permit for 4555 Island View Drive
Fackler introduced this brush removal project. Staff recommends approval with
conditions.
MOTION by Schmidt, second by Beystrom, to approve the public lands request as
submitted. MOTION carried unanimously.
S. Review of 2013 Fees
Fackler stated that there was nothing new but suggested it might be better to look at it
after the election.
MOTION by Schmidt, second by Funk, to approve table discussion of fees until next year.
MOTION carried unanimously.
6. Discussion of Devon Common Rip Rap
Fackler reviewed the information provided and said that further field analysis needs to
be done. It will be coming back to the commission next year once it's finished.
-1533-
7. Discuss Dredging
Informational only; No plans for now.
8. Review 2011 Annual Report
Informational only; No discussion.
9. Review of the 2012 Calendar
MOTION by Funk, second by Gardner, to accept the calendar as presented. MOTION
approved unanimously.
10. Reports
Jim Fackler — Villas are all rented out. It appears there is a new developer coming. There
will be a re- evaluation of fees and agreements. Dreamwood adjustments are being
addressed.
Mark Drahos — (Car & Boat Show) He will send out an email with details soon.
MOTION by Funk, second by Drahos, to adjourn. MOTION approved unanimously. Meeting
adjourned at 7:38 p.m.
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-1544-
City of Mound, MN
2010 Permits Issued
The Final Plat and Related Approvals for the Woodlyn Ridge residential development project were
adopted by the City Council on May 25, 2010 including
• RESOLUTION NO. 10 -33: RESOLUTION GRANTING FINAL PLAT APPROVAL
FOR WOODLYN RIDGE RESIDENTAIL DEVELOPMENT AT 6301 LYNWOOD
BOULEVARD
• RESOLUTION NO. 10 -34: RESOLUTION TO APPROVE THE DEVELOPMENT
AGREEMENT WITH TIMOTHY D HARTMAN FOR THE WOODLYN RIDGE
SUBDIVISION LOCATED AT 6301 LYNWOOD BOULEVARD
• RESOLUTION NO. 10 -35: RESOLUTION TO APPROVE EARLY START
AGREEMENT FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301
LYNWOOD BOULEVARD
• RESOLUTION NO. 10 -36: RESOLUTION TO APPROVE A WETLAND BUFFER
DECLARATION FOR THE WOODLYN RIDGE RESIDENTIAL DEVELOPMENT
PROJECT AT 6301 LYNWOOD BOULEVARD
• RESOLUTION NO. 10 -37: RESOLUTION TO APPROVE TRAIL EASEMENT
AGREEMENTS FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301
LYNWOOD BOULEVARD
• RESOLUTION NO. 10 -38: RESOLUTION AMENDING RESOLUTION NO. 08 -15,
08-16,08-17, AND 08 -114 FOR WOODLYN RIDGE RESIDENTIAL PROJECT
LOCATED AT 6301 LYNWOOD BOULEVARD TO CORRECT TYPOGRAPHICAL
ERRORS IN LEGAL DESCRIPTIONS
Note: The Preliminary Plat/Major Subdivision, Conditional Use Permit- Planned
Development Area and Water Resource Permit (stormwater and erosion control) for this
project were originally approved in 2008 and were extended as needed.
-1545-
Harbor Wine & Spirits May 2012
Date Weather
Cust 12
Cust 11
Variance
Sales 12
Sales l l
Difference +/-
Cash +/-
5/1/2012 sun wind 66
359
359
6933.9
6933.9
-0.14
5/2/2012 SUN 80
281
228
53
5557.99
4822.38
735.61
0.24
5/3/2012 SUN 80
326
291
35
6233.49
5619.89
613.6
-1
5/4/2012 SUN 70
562
255
307
13539.99
4826.6
8713.39
5/5/2012 RAIN 70
595
276
319
14702.45
5562.44
9140.01
-1.71
5/6/2012
597
-597
13938.15
- 13938.15
5/7/2012 sun wnd 73
260
652
-392
4627.05
15923.29
- 11296.24
-0.22
5/8/2012 RAIN 70
266
266
5173.15
5173.15
0
5/9/2012 sun 70s
299
246
53
6120.14
4434.54
1685.6
0.45
5/10/2012 pt sun 72
279
293
-14
6117.22
6112.22
5
-0.03
5/11/2012 sun rain It 69
512
263
249
12275.18
5879.97
6395.21
0.31
5/12/2012 sun 78
686
227
459
17415.94
5029.19
12386.75
9.62
5/13/2012
463
-463
11228.34
- 11228.34
5/14/2012 sun 82
266
523
-257
5079.68
11945.4
- 6865.72
0.27
5/15/2012 sun wnd 70
326
326
6768.18
6768.18
-0.73
5/16/2012 sun mid 70s
314
260
54
6225.37
4722.56
1502.81
6
5/17/2012 sun mid 70s
305
313
-8
6431.05
6236.86
194.19
0.15
5/18/2012 sun to 90s
638
297
341
15320.74
5615.83
9704.91
-2.05
5/19/2012 sun mid 80s
650
298
352
15594.84
5834.65
9760.19
-0.87
5120/2012
521
-521
14854.26
- 14854.26
5/21/2012 sun 73
276
606
- 330
5411.87
14778.55
- 9366.68
-0.18
5/22/2012 sun to 80s
340
340
8011.28
8011.28
0.69
5/23/2012 rain hi 70s
299
233
66
6123.94
4459.61
1664.33
0.2
5/24/2012 rain 4 +inch
305
289
16
6434.71
5985.54
449.17
0
5/25/2012 pt sun 74
660
269
391
17337.3
5077.06
12260.24
0.62
5/26/2012 off /on rain
685
352
333
22365.81
8294.36
14071.45
-1.62
5/27/2012
597
-597
15880
-15880
5/28/2012 sun 731twnd
383
787
-404
7977.97
22431.62
- 14453.65
1.27
5/29/2012 ptsunwnd 63
252
252
5119.1
5119.1
0.97
5/30/2012 sun mid 60s
255
329
-74
5350.02
6954.6
- 1604.58
-1.13
5/31/2012 sun 70
276
290
-14
5804.14
5737.65
66.49
0.65
Totals 10655 9755 `� 244052.5 222185.56 21866.4 11.36
l�
-1546-
it Metropolitan Council
May 29, 2012
Kandis Hanson
City Manager
City Of Mound
5341 Maywood Rd
Mound, MN 55364 -1687
Dear Ms. Hanson:
Each year, the Metropolitan Council prepares population and household estimates as of April 1 of the previous
year. Local governments are invited to review and comment on the preliminary estimates. The Council will
certify final estimates by July 15 for State government use in allocating local government aid and local street aid.
The Metropolitan Council estimates that the City of Mound h d 9,8 r , ple and 3,987 households as of
April 1, 2011. Household size averaged 2.27 persons per house d ng0 . - 4 p
With this letter, the Council is reporting the data inputs used to develop the preliminary estimates for your
community. Starting with Census 2010 counts, the Council estimates current population and households through
changes in the housing stock, occupancy rates and persons per household. Input data sources include the U.S.
Census Bureau's American Community Survey, and housing stock data, manufactured home parks, and group
quarters data collected by Metropolitan Council Research. For more information on the Council's population
estimates model, please visit the Council's website at http: / /stats.metc.state.nm.us /stats /pdf/EstimatesMethod.pdf,
or contact Baris Gumus -Dawes at 651- 602 -1331.
Importantly, the Council has redesigned our estimation process this year to use Census 2010 counts as a base
year, or starting point. Thus, Census 2010 largely governs the estimates we share today. If you think that some
aspect of the Census 2010 counts is in error, the Census Bureau has established a Count Question Resolution
process. Questions and appeals to the Census Bureau must be submitted by the end of May 2013. For more
information on Census 2010 counts, please visit the Bureau's website at
http: // 2010. census .gov /2010census /about/cgr.php
Council staff welcomes discussion of the 2011 preliminary estimates. Under Minnesota Statutes 473.24, the
Metropolitan Council must receive your comments, questions or specific objections, in writing, by June 25.
Please send any written comments or questions to Baris Gumus- Dawes, Metropolitan Council Research, 390
Robert Street North, Saint Paul, MN 55101; or by e-mail to baris.dawes @metc.state.mn.us
Sincerely,
Todd Graham
Principal Demographer
` w` -1547 uncil.org
390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904
An Equal Opportunity Employer
2011 Annual Population Estimates
Mound city, Hennepin County, Minnesota
Households:
3,987
Population in Households:
9,070 Average Household Size: 2.275
Housing Total:
4,381
Population in Group Quarters:
14
Occupancy Rate:
91.01%
Total Population:
9,084
The Council's Annual Estimates account for housing stock changes since April 1, 2010. These include housing units permitted and other changes.
Other changes are due to demolitions, building conversions (units added or lost), city boundary changes (units annexed in or out), and other changes
reported by city and township staff. The Council assumes that 85% of multifamily and 95% of single - family- detached units permitted in 2010 were
completed by April 1, 2011; the remainder are assumed occupiable later.
Manufactured homes are counted each year from Metropolitan Council surveys of manufactured home park operators and local governments. Other
housing (boats, RVs, etc. used as housing) is an estimate from the most recent American Community Survey estimates.
Housina Stock
Newly built
Other chanaes
Housina Stock
Persons Per
April 1, 2010
since 2010
since 2010
April 1, 2011
Single- family- detached:
3,241
6
-4
3,243
Townhomes:
252
0
0
252
Duplex, 3 -, 4 -plex units:
105
0
0
105
Multifamily units:
768
0
0
768
Manufactured homes:
13
768
89.33%
13
Other (boats, RVs, etc. used as housing):
0
Manufactured homes:
13
0
Housing Stock Total: 4,379 4,381
Each housing type will have a specifically estimated occupancy rate and average household size. Starting with the 2011 -12 cycle, the primary data are
the most recent American Community Survey estimates, calculated and adjusted as described in the Council's methodology, available online at
http://stats.metc.state.mn.us/stats/aboutestimates.aspx
Definitions: A household is a group of people (or one person alone) occupying a housing unit.
The number of occupied housing units and the number of households are equivalent.
Population in Group Quarters (or institutional housing) is counted separately through an annual Metropolitan Council survey.
Housina Stock
Occupancy
Occupied with
Persons Per
Population
April 1, 2011
Rate 2011
Households
Household
in 2011
Single- family- detached:
3,243
91.41%
2,964
2.442
7,238
Townhomes:
252
91.41%
230
2.442
562
Duplex, 3 -, 4 -plex units:
105
94.16%
99
3.051
302
Multifamily units:
768
89.33%
686
1.356
930
Manufactured homes:
13
59.06%
8
4.724
38
Other:
0
Counted only if
0
1.400
0
occupied
Housing Total:
4,381
Households:
3,987
In Households:
9,070
In Group Qtrs:
14
Total Population:
9,084
-1548 -
4� metropoutm oO
5/25/2012
it Metropolitan Council
Local Population Counts and Census - a workshop for local governments.
Local Population Counts and Census is a 2.5 hour workshop. It will be offered at two
locations:
• June 14, 2:00 — 4:30 pm, at Ridgedale Library, Meeting Room 172, 12601 Ridgedale Dr,
Minnetonka
• June 18, 2:00 — 4:30 pm, at Metropolitan Council, Meeting Room LLA, 390 North Robert
Street, St. Paul
The first half of the workshop will cover. Reviewing Census 2010 and Count Question
Resolution. (2:00 — 3:15)
Census population counts for 2010 are the culmination of a great effort by the US
Census Bureau and a high level of public participation. Still, the Census Bureau
acknowledges that the new data could include scattered errors and undercounts.
(http: // 2010. census .gov /2010census /about/cqr.php ) Errors can occur where the Census
used inaccurate geographic boundaries or inaccurate geocoding of addresses.
Miscounts also result from exclusions or duplications due to Census processing errors.
Metropolitan Council staff are offering technical advice for local governments that want
to analyze and evaluate 2010 Census results. The workshop will introduce the Census's
Count Question Resolution (CQR) process and provide guidance on how to prepare a
count challenge and present supporting evidence.. Between now and May 2013, the
Census Bureau is accepting questions and "challenges" from local governments that
suspect their local enumeration counts are in error.
For local governments, the post -2010 CQR process now puts the ball in your court.
Local governments are responsible for questioning and challenging Census count
problems.
The last hour of the workshop will cover: Local Population Counts, 2011 and beyond.
(3.30— 4:30)
Each year, the Metropolitan Council estimates local population and households
(Minnesota Statutes 473.24). Data on housing stock, occupancy rates and persons per
household inform the calculation of estimates. Importantly, the estimation process has
been re- programmed this year with new calculations, and using Census 2010 counts as
a base year, or starting point.
Local governments received preliminary estimates in late May, and have opportunity in
June to review and comment on the preliminary estimates. In this workshop, Council
staff will review the estimates calculations and data sources.
Space is limited. Please RSVP for the workshop date /location of your choice:
http : / /metrocouncil.eventbrite.com or email research @metc.state.mn.us
www -1549 zncil.org
390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904
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