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2016-11-09 CC Agenda PacketPLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. CTTT OF NIOUND MISSION S7 ATEMENr: The Cite of Mound, through teamwork and cooperation, provides at a reasonable cost. quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing communrt} . AGENDA MOUND CITY COUNCIL WEDNESDAY, NOV 09, 2016 - 7:00 PM RESCHEDULED REGULAR MEETING MOUND CITY COUNCIL CHAMBERS 1. Opening meeting 2. Pledge of Allegiance Approve agenda. with any amendments *Consent Agenda Items listed under the Consent Agenda are considered routine in nature, have been evaluated by staff, recommended by staff for approval by the Council, and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. At this time, anyone present who wishes to offer dissenting comment to any items on the Consent Agenda is invited to identify themselves and the item of concern so that the it may be removed from the Consent Agenda and considered after discussion in normal sequence. Separate introduction or further support from petitioners or requestors is not required at this time and removal of an item from the Consent Agenda for this purpose is not required or appropriate. Palze 4. *Consent Agenda *A. Approve payment of claims 2701-2733 *B. Approve a Resolution Approving an Agreement for Legal 2734A -2739A Services with Kennedy & Graven, Chartered (C -FA -008) 2734B *C. Approve Resolution to approve professional services agreement with 2740-2747A Hoisington Koegler Group Inc. (C -FA -017) 2739B *D. Approve a Resolution Approving an Agreement and Contract for 2748-2758A Professional City Engineering Services with Bolton & Menk, Inc. (C -PW -001) 2747B *E. Approve Resolution to approve professional services agreement with 2759-2774 MnSpect (C -FA -005) *F. Action on Resolution Approving Public Gathering Permit and Musical 2775-2796 Concert Permit for 2016 Annual Mound Tree Lighting Ceremony and 2776-2777 Waiving Permit Fees Due to Public Purpose of Gathering *G. Approve Pay Request No. 4 from Ryan Contracting in the amount of 2797-2798 $817,439.00 for the 2016 Street, Utility and Retaining Wall Improvement Project; City Project Nos. PW -16-011 PW -16-02, PW -16-03, PW -16-04 *H. Pay Request No. 1 from Pember Companies, Inc. in the amount of $37,314.52 2799-2800 for the 2016 Lift Station Improvement Project, City Project No. PW -16-05 *I. Approve Resolution authorizing application for and execution of Grant 2801-2805 Agreement with the Metropolitan Council for the 2014 Municipal Inflow 2802 and Infiltration Grant Program PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. *J. Approve Resolution to Canvass Returns and Declare the Results of the Municipal Election of Nov 8, 2016 Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) Public Hearing (Please bring Feasibility Report distributed for 10-I1-16 meeting) Brian Simmons, Assistant City Engineer, presenting the feasibility report for the 2017 Street, Utility and Retaining Wall Improvement Projects and requesting action on resolutions ordering improvements and preparation of plans: A. Action on Resolution Ordering Improvement and Preparation of Plans for the 2017 Street, Utility and Retaining Wall Improvement Project — Lynwood Boulevard/Fairview Lane, City Project No. PW -17-01 B. Action on Resolution Ordering Improvement and Preparation of Plans for the 2017 Street, Utility and Retaining Wall Improvement Project — Wilshire Boulevard/Maywood Road/Hiddenvale Lane, City Project No. PW -17-02 C. Action on Resolution Ordering Improvement and Preparation of Plans for the 2017 Street, Utility and Retaining Wall Improvement Project — Tuxedo Boulevard, Phase III, City Project No. PW -17-03 Stacie Kvilvang, Senior Municipal Advisor/Director, Ehlers, Inc, reporting on the results of the 2016 bond sale and requesting action on: A. Resolution Accepting Proposal on the Sale of $6,075,000 General Obligation Bonds, Series 2016A, Providing for their Issuance and Pledging for the Security Thereof Special Assessments and Net Revenues and Levying a Tax for the Payment Thereof 2806 2807 K31F? 2809 2810-2833 B. Resolution Accepting Proposal on the Sale of $2,925,000 General Obligation 2834-2857 Refunding Bonds, Series 2016B, Providing for their Issuance and Pledging for the Security Thereof Special Assessments and Net Revenues and Levying a Tax for the Payment Thereof 8. Catherine Pausche, Director of Finance and Administrative Services, requesting action 2858-2859 on Resolution Approving Documents Related to the Local Housing Incentives Account Program (LHIA) Loan and Environmental Response Fund (ERF) Loan Related to the Indian Knoll Manor Project 9. Information/Miscellaneous A. Comments/reports from Councilmembers B. Reports: Fire Dept - October 2016 C. Minutes: D. Correspondence: MN DNR - October 21, 2016 W -14 9M.0) .0) 2863-2864 10. Adjourn This is a preliminary agenda and sub/ect 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:• )L.rn;�•�+,•; ,�a� L—L' COUNCIL BRIEFING November 9, 2016 Upcoming Events Schedule: Don't Forget!! Nov 8 -- General Election Nov 9 -- Rescheduled HRA Meeting Nov 9 -- Rescheduled CC Meering Nov 22 -- 6:55pm -- HRA Regular Meeting Nov 22 -- 7:00pm -- CC Regular Meeting Dee 13-- 6:55pm -- HRA Regular Meeting Dec 13 -- 7:00pm -- CC Regular Meeting Dec 27 -- HRA and CC Regular Meetings Canceled in recognition of Christmas Holiday Citv Offices Closed 11 Nov -- Veterans' Day 24 - 25 Nov -- Thanksgiving Weekend City Official's Absences Please notify the City Manager in advance of an absence. Some votes require more than a simple majority and Staff needs to plan accordingly. Inquire in advance, please...... Council members are asked to call or email their questions in advance of a public meeting so that more research may be done or additional information may be provided that will assist in your quality decision- making. City of Mound Claims 11-09-16 YEAR BATCH NAME 2016 4THQNEWSLTR 2016 102516CTYMAN 2016 102616CTYMAN 2016 110216CTYMAN 2016 OCT16UBREFUND 2016 3Q16BLDGSRCH 2016 BOLTMNK0916 2016 BOLTMNK1016 2016 110916CITY 2016 110916HWS 2016 1016KENGRAV DOLLAR AMOUNT $ 927.94 $ 23,493.76 $ 19.75 $ 2,073.38 $ 834.20 $ 2,207.60 $ 107,938.20 $ 122,340.80 $ 52,536.96 $ 128,555.45 $ 1,846.21 TOTAL CLAIMS -2701 $ 442,774.25 58 CITY OF MOUND 1028/167Page 1 Page 1 Payments Current Period: October 2016 k� -. .._. ..v - - Batch Name 4thQNEWSLTR User Dollar Amt $927.94 Payments Computer Dollar Amt $927.94 $0.00 In Balance Refer 4 POSTMASTER _ Cash Payment E 101-41110-322 Postage POSTAGE CITY CONTACT NEWSLETTER- $92794 4TH QTR NOV, DEC 2016 & JAN 2017 EDITION - 8 PGS- 5798 PIECES Invoice 102816 10/282016 Transaction Date 10/282016 Wells Fargo 10100 Total $927.94 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $827.94 $927.94 Pre -Written Checks $0.00 Checks to be Generated by the Computer $927.94 Total $927.94 -2702- CITY OF MOUND 10/25/16 3:27 PM Page 1 Payments Current Period: October 2016 Invoice 102516 10/21/2016 Transaction Date 10/252016 Batch Name 102516CTYMAN User Dollar Amt $23,493.76 _ Cash Payment E 222-42260-434 Conference & Training Payments Computer Dollar Amt $23,493.76 10/242016 Transaction Date 10/252016 $0.00 In Balance Refer 2 COPPIN SEWER & WATER _ Cash Payment G 101-23361 4518 MANCHESTER RD LE 4518 MANCHESTER RD LEGAL SEWER $6,995.00 ISSUE- DISCONNECT SEWER FROM NEIGHBORS LINE, CUT & CAP, RUN NEW LINE TO CITY SEWER MAIN, MAKE NEW TAP, COMPACT, REPAIR & BLACKTOP STREET Invoice 2019 8/19/2016 Transaction Date 10/25/2016 Wells Fargo 10100 Total $6,995.00 Refer 3 LAKE MINNETONKA COMM. COMM - Cash Payment E 101-49840-300 Professional Srvs 3RD QTR 2016 PEG ACCESS FEE PER $10,546.76 SUBSCRIBER Invoice 102516 10/11/2016 Transaction Date 10/25/2016 Wells Fargo 10100 Total $10,546.76 Refer 1 MENDELSOHN D. & BELL C. _ Cash Payment G 101-23359 1633 FINCH PC #16-21 INF ESCROW REFUND- PC 16-21-1633 FINCH $702.00 LN- D. MENDELSOHN & C. BELL Invoice 102516 10/24/2016 Transaction Date 10/25/2016 Wells Fargo 10100 Total $702.00 Refer 4 MINNETONKA CUSTOM HOMES _ Cash Payment G 101-23150 New Construction Escrow ESCROW REFUND- BP#2016.00049- 2138 $5,000.00 NOBLE LN- MTKA CUSTOM HOMES Invoice 102516 10/21/2016 Transaction Date 10/252016 Refer 5 PALM GREG _ Cash Payment E 222-42260-434 Conference & Training Invoice 102516 10/242016 Transaction Date 10/252016 Refer 6 PEDERSON, GREG Wells Fargo 10100 Total $5,000.00 TRAVEL ADVANCE -MEALS- G. PALM- MN STATE FIRE CHIEFS ASOC CONFERENCE - 10 -26 TO 10-29 2016 ST. CLOUD MN Wells Fargo 10100 Total $125.00 $125.00 Cash Payment E 222-42260-434 Conference & Training TRAVEL ADVANCE -MEALS- G. PEDERSON- $125.00 MN STATE FIRE CHIEFS ASOC CONFERENCE -10-26 TO 10-29 2016 ST. CLOUD MN Invoice 102516 1024/2016 Transaction Date 10252016 Wells Fargo 10100 Total $125.00 -2703- CITY OF MOUND 1nl9FHa977 PM Payments Current Period: October 2016 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $23,243.76 222 AREA FIRE SERVICES $250.00 $23,493.76 Pre -Written Checks $0.00 Checks to be Generated by the Computer $23,493.76 Total $23,493.76 -2704- CITY OF MOUND Payments Current Period: October 2016 Batch Name 102616CTYMAN User Dollar Amt $19.75 Payments Computer Dollar Amt $19.75 $0.00 alance Refer 1 WAYZATA, CITY OF _ Cash Payment E 22242260438 Licenses and Taxes 2016 E -ONE HP78 TYPHOON- UNIT #44 FIRE AERIAL LADDER TRUCK -VEHICLE, TITLE ISSUE 8 STATE FILING FEES Invoice 102616 10/26/2016 Transaction Date 10/26/2016 Wells Fargo 10100 Total Fund Summary 10100 Wells Fargo 222 AREA FIRE SERVICES $1975 $19.75 Pre -Written Checks $0.00 Checks to be Generated by the Computer $19.75 Total $19.75 -2705- 10/26/16 11:25 AM Page 1 $19.75 $19.75 CITY OF MOUND 11/02/16 4:34 PM Page 1 Payments Current Period: November 2016 Batch Name 110216CTYMAN User Dollar Amt $2,073.38 Payments Computer Dollar Amt $2,073.38 $0.00 In Balance Refer 4 COURNEYA, TODD & MYSTI Cash Payment G 101-23340 PC15-19 1989 LAKESIDE LA ESCROW BALANCE REFUND- PC #15-19 $449.63 $216.00 1989 LAKESIDE LN FIRE TRAINING -CONFERENCE 11-09-16 TO Invoice 110216 11/1/2016 _ Transaction Date 11/1/2016 Wells Fargo 10100 Total $449.63 Refer 6 JENSEN, DAN _ Wells Fargo 10100 Total Cash Payment E401-43136-300 Professional Srvs REIMB FOR MAILBOX REPAIR DAMAGED BY $71.10 Cash Payment STREET IMPROV PROJ- PW16-02 TUXEDO TRAVEL ADVANCE -MEALS- G. PEDERSON- $162.00 BLVD- D. JENSEN VCOS FIRE TRAINING- CONFERENCE 11-09- Invoice 110216 11/1/2016 Project PW1602 16 TO 11-13-16 CLEARWATER BEACH FL Transaction Date 11/12016 Wells Fargo 10100 Total $71.10 Refer 5 LOST LAKE HOMES & MARINA LL _ Wells Fargo 10100 Total Cash Payment G 101-23324 LOST LAKE HOMES CUP P ESCROW BALANCE REFUND. PC #15-02- $67.25 Cash Payment THE LANDINGS ON LOST LAKE- HOMES & ESCROW BALANCE REFUND -6016 $750.00 MARINA BEACHWOOD WETLAND DEDICATION J. Invoice 110216 11/12016 THOMAS Transaction Date 11/12016 Wells Fargo 10100 Total $67.25 Refer 8 MOUND POST OFFICE _ Wells Fa 10100 Total Cash Payment E 10141110-322 Postage PRESORT BULK MAIL ANNUAL PERMIT -PI $215.00 #87 12-15-16 TO 12-14-17 Invoice 110116 10/202016 Transaction Date 11/12016 Wells Fargo 10100 Total $215.00 Refer r 9 PALM GREG _ Cash Payment E 22242260434 Conference & Training REIMB TRANSPORTATION- G. PALM- MN $40.72 STATE FIRE CHIEF ASSOC CONF 10-26 THRU 10-29 2016 ST. CLOUD MN Invoice 110216 11/2/2016 Transaction Date 1122016 Wells Fargo 10100 Total $40.72 Refer 1 PALM, GREG Cash Payment E 22242260434 Conference & Training TRAVEL ADVANCE -MEALS- G. PALM- VCOS $216.00 FIRE TRAINING -CONFERENCE 11-09-16 TO 11-13-16 CLEARWATER BEACH FL Invoice 102516 1024/2016 Transaction Date 11/1/2016 Wells Fargo 10100 Total $216.00 Refer 2 PEDERSON, GREG _ Cash Payment E 22242260434 Conference & Training TRAVEL ADVANCE -MEALS- G. PEDERSON- $162.00 VCOS FIRE TRAINING- CONFERENCE 11-09- 16 TO 11-13-16 CLEARWATER BEACH FL Invoice 102516 10/242016 Transaction Date 11/12016 Wells Fargo 10100 Total $162.00 Refer 7THOMAS, JOHN R. Cash Payment G 101-233356016 Beachwood Wetland D ESCROW BALANCE REFUND -6016 $750.00 BEACHWOOD WETLAND DEDICATION J. THOMAS Invoice 110216 11/1/2016 Transaction Date 11/12016 Wells Fa 10100 Total $750.00 4 PM CITY OF MOUND 11/02I164Page2 Page 2 Payments Current Period: November 2016 Refer 3 TIMMONS, DUSTIN & WENDY _ Cash Payment G 101-23338 PC 15-18 5308 THREEPTS ESCROW BALANCE REFUND- PC #15-18 $101.68 5308 THREE PTS BLVD- D. & W. TIMMONS Invoice 110216 11/1/2016 Transaction Date 11/1/2016 Wells Fargo 10100 Total $101.68 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $1,583.56 222 AREA FIRE SERVICES $418.72 401 GENERAL CAPITAL PROJECTS $71.10 $2,073.38 Pre -Written Checks $0.00 Checks to be Generated by the Computer $2,073.38 Total $2,073.38 -2707- CITY OF MOUND Payments Current Period: November 2016 Batch Name OCT16UBREFND User DollarAmt $834.20 Payments Computer Dollar Amt $834.20 $0.00 In Balance 11/01/16 3:12 PM Page 1 Refer 2 CARLSON, JAMES - Cash Payment R 60149400-36200 Miscellaneous Revenu 2436 LOST LAKE RD- UTILITY REFUND- $25.97 JAMES CARLSON Invoice 110216 11/1/2016 Transaction Date 11/1/2016 Wells Fargo 10100 Total $25.97 Refer 1 EDINA REALTY TITLE Cash Payment R 601-49400-36200 Miscellaneous Revenu 6439 BAY RIDGE RD- L A DONNAY- UTILITY $302.48 REFUND- EDINA REALTY TITLE Invoice 110916 11/1/2016 Transaction Date 11/1/2016 Wells Fargo 10100 Total $302.48 3 KINDE, REID _Refer Cash Payment R 601-49400-36200 Miscellaneous Revenu 4700 WILSHIRE BLVD- UTILITY REFUND- $505.75 REID KINDE Invoice 110216 11/1/2016 Transaction Date 11/1/2016 Fund Summary 601 WATER FUND Wells Fargo 10100 10100 Wells Fargo $834.20 $834.20 Pre -Written Checks $0.00 Checks to be Generated by the Computer $834.20 Total $834.20 -2708- Total $505.75 Batch Name 3016BLDGSRCH Payments CITY OF MOUND Payments Current Period: October 2016 User Dollar Amt $2,207.60 Computer Dollar Amt $2,207.60 $0.00 In Balance Refer 3 DEPARTMENT OF LABOR & INDUS _ Cash Payment G 101-20800 Due to Other Governments 3rd Quarter Bldg Surcharge 2016 Invoice 09302016 10/1/2016 Transaction Date 10/31/2016 Wells Fargo 10100 f Fund Summary 10100 Wells Fargo 101 GENERAL FUND $2,207.60 $2,207.60 Pre -Written Checks $0.00 Checks to be Generated by the Computer $2,207.60 Total $2,207.60 -2709- 10/31/16 9:50 AM Page 1 $2,207.60 Total $2,207.60 CITY OF MOUND 11/021163:31 PM Page 1 Payments Current Period: November 2016 Batch Name BOLTMNK0916 User Dollar Amt $107,938.20 Payments Computer Dollar Amt $107,938.20 $0.00 In Balance Refer 1 BOLTONAND MENK, INCORPORA _ Cash Payment E 402-43120-300 Professional Srvs MSA SYSTEM COORD UPDATE SVCS AUG $308.00 13 THRU SEPT 9 2016 Invoice 0195188 9292016 Cash Payment E 67549425-300 Professional Srvs SURFACE WATER MGMT SVCS AUG 13 $1,729.00 THRU SEPT 9 2016 Invoice 0195189 9/29/2016 Cash Payment E 101-43100-300 Professional Srvs GENERAL ENGINEERING SVCS AUG 13 $365.84 THRU SEPT 9 2016 Invoice 0195184 929/2016 Cash Payment E 602-49450-300 Professional Srvs GENERAL ENGINEERING SVCS AUG 13 $365.83 THRU SEPT 9 2016 Invoice 0195184 9/292016 Cash Payment E 601-49400-300 Professional Srvs GENERAL ENGINEERING SVCS AUG 13 $365.83 THRU SEPT 9 2016 Invoice 0195184 929/2016 Transaction Date 112/2016 Wells Fargo 10100 Total $3,134.50 Refer 2 BOLTONAND MENK, INCORPORA _ Cash Payment E 40143114-303 Engineering Fees 2014 STREET, UTILITY IMPROV PROJ. PW14- $1,795.50 01 ENG SVCS AUG 13 THRU SEPT 9 2016 Invoice 0195173 9292016 Project PW1401 Cash Payment E 101-43100-300 Professional Srvs GIS UPDATES ENG SVC AUG 13 THRU $33.75 SEPT 9 2016 Invoice 0195185 9292016 Cash Payment E 601-49400-300 Professional Srvs GIS UPDATES ENG SVC AUG 13 THRU $33.75 SEPT 9 2016 Invoice 0195185 9/29/2016 Cash. Payment E 60249450-300 Professional Srvs GIS UPDATES ENG SVC AUG 13 THRU $33.75 SEPT 9 2016 Invoice 0195185 929/2016 Cash Payment E 675-49425-300 Professional Srvs GIS UPDATES ENG SVC AUG 13 THRU $33.75 SEPT 9 2016 Invoice 0195185 9292016 Transaction Date 112/2016 Wells Fargo 10100 Total $1,930.50 Refer 3 BOLTON AND MENK, INCORPORA _ Cash Payment E 40143115-303 Engineering Fees 2015 GRANDVIEW BLVD ST IMPROV PROJ $3,736.50 ENG SVC AUG 13 THRU SEPT 9 2016 PW 15- 01 Invoice 0195186 9292016 Project PW1501 Cash Payment E 602-49450-500 Capital Outlay FA 2015 LIFT STATION IMPROV PROJ PW15-04 $493.00 ENG SVC AUG 13 THRU SEPT 9 2016 Invoice 0195174 9/29/2016 Project PW1504 Cash Payment E 60149400-500 Capital Outlay FA 2015 BARTLETT BLVD WATERMAIN $231.00 REPLACE PROJ PW 15-09 COMMERCE TO LOST LAKE BLVD ENG SVC AUG 13 THRU SEPT 9 2016 Invoice 0195182 929/2016 Project PW1509 -2710- CITY OF MOUND Payments Current Period: November 2016 Cash Payment E 401-43135-303 Engineering Fees Invoice 0195190 9/29/2016 Cash Payment E 601-49400-500 Capital Outlay FA Invoice 0195192 9/29/2016 Cash Payment G 101-23360 SERENITY HILLS Invoice 0195183 9/29/2016 Cash Payment E 601-49400-500 Capital Outlay FA 2015 TUXEDO BLVD ST IMPROV PROJ ENG SVC AUG 13 THRU SEPT 9 2016 PW 15-02 Project PW1502 WATERMAIN LOOP BARTLETT TO ISLAND PARK PROJ 15-10 ENG SVCS AUG 13 THRU SEPT 9 2016 Project PW1510 SERENITY HILLS SR LIVING PROJ DEVELOP REVIEW ENG SVCS AUG 13 THRU SEPT 9 2016 2015 WILSHIRE BLVD TRUNK WATERMAIN IMPROV PROJ PW 15-11 ENG SVC AUG 13 THRU SEPT 9 2016 Invoice 0195193 929/2016 Project PW1511 Cash Payment G 101-23327 MCESL39 BRADFORDMIL MCES LS #39 8 INTERCEPT REPLACEMENT PROJ -ENGINEERING SVCS AUG 13 THRU SEPT 9 2016 Invoice 0195187 9292016 Transaction Date 112/2016 Refer 5 BOLTON AND MENK, INCORPORA Cash Payment E 401-43117-303 Engineering Fees Invoice 0195178 929/2016 Cash Payment E 401-43137-303 Engineering Fees Invoice 0195180 9292016 Cash Payment E 401-43147-303 Engineering Fees Invoice 0195179 9/292016 Cash Payment E 602-49450-500 Capital Outlay FA Invoice 0195181 929/2016 Transaction Date 11/2/2016 Refer 4 BOLTONAND MENK, INCORPORA Cash Payment E 602-49450-500 Capital Outlay FA Invoice 0195175 9292016 Cash Payment E 401-43146-303 Engineering Fees Invoice 0195177 9/292016 Cash Payment E 401-43116-303 Engineering Fees Invoice 0195176 929/2016 Cash Payment E 401-43136-303 Engineering Fees Invoice 0195191 929/2016 Transaction Date 11/2/2016 11/02/163:31 PM Page 2 $5,470.45 $1,904.00 $301.00 $746.00 $2,117.00 Wells Fargo 10100 Total $14,998.95 2017 LYNWOOD BLVD STREET IMPROV $553.00 PROJ PW 17-01 ENG SVCS AUG 13 THRU SEPT 9 2016 $1,958.30 Project PW1701 2017 WILSHIRE/MAYWOOD STREET $1,180.00 IMPROV PROJ PW 17-02 ENG SVCS AUG 13 THRU SEPT 9 2016 $43,554.45 Project PW1702 2017 TUXEDO BLVD PHASE III STREET $1,672.00 IMPROV PROJ PW 17-03 ENG SVCS AUG 13 THRU SEPT 9 2016 $31,043.50 Project PW1703 2017 LIFT STATION IMPROV PROJ PW 17-05 $3,729.00 ENG SVCS AUG 13 THRU SEPT 9 2016 Project PW1705 $80,740.25 Wells Fargo 10100 Total $7,134.00 2016 LIFT STATION IMPROV PROJ PW 16-05 $4,184.00 ENG SVC AUG 13 THRU SEPT 9 2016 Project PW1605 2016 CYPRESS-MAYWOOD STREET $1,958.30 IMPROV PROJ PW 16.03 ENG SVC AUG 13 THRU SEPT 92016 Project PW1603 2016 BARTLETT BLVD STREET IMPROV $43,554.45 PROJ PW 16-01 ENG SVC AUG 13 THRU SEPT 9 2016 Project PW1601 2016 TUXEDO BLVD EAST STREET IMPROV $31,043.50 PROJ PW 16-02 ENG SVC AUG 13 THRU SEPT 9 2016 Project PW1602 Wells Far- 10100 Total $80,740.25 CITY OF MOUND Payments Current Period: November 2016 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $2,817.59 401 GENERAL CAPITAL PROJECTS $90,963.70 402 MUNICIPAL STAID ST CONSTUCT $308.00 601 WATER FUND $3,280.58 602 SEWER FUND $8,805.58 675 STORM WATER UTILITY FUND $1,762.75 $107,938.20 Pre -Written Checks $0.00 Checks to be Generated by the Computer $107,938.20 Total $107,938.20 -2712- 11/02116 3:31 PM Page 3 CITY OF MOUND Payments Current Period: November 2016 Batch Name BOLTMNK1016 User Dollar Amt $122,340.80 Payments Computer DollarAmt $122,340.80 Refer 1 BOLTON AND MENK, INCORPORA Cash Payment E 402-43120-300 Professional Srvs Invoice 0195916 10/19/2016 Cash Payment E 67549425-300 Professional Srvs Invoice 0195917 10/19/2016 Cash Payment E 10143100-300 Professional Srvs Invoice 0195911 10/19/2016 Cash Payment E 602-49450-300 Professional Srvs Invoice 0195911 10/19/2016 Cash Payment E 601-49400-300 Professional Srvs Invoice 0195911 10/19/2016 Cash Payment E 601-49400-300 Professional Srvs Invoice 0195921 10/192016 Cash Payment E 222-42260-300 Professional Srvs $0.00 In Balance MSA SYSTEM COORD UPDATE SVCS SEPT 10 THRU OCT 7 2016 SURFACE WATER MGMT SVCS SEPT 10 THRU OCT 7 2016 GENERAL ENGINEERING SVCS SEPT 10 THRU OCT 7 2016 GENERAL ENGINEERING SVCS SEPT 10 THRU OCT 7 2016 GENERAL ENGINEERING SVCS SEPT 10 THRU OCT 7 2016 WATER WELLHEAD PROTECTION PLAN ENGINEERING SVCS SEPT 10 THRU OCT 7 2016 FIRE DISTRICT MAPPING- FIRE DEPT ENGINEERING SVCS SEPT 10 THRU OCT 7 2016 Invoice 0195911 10/192016 Cash Payment Transaction Date 11/2/2016 Wells Fargo 10100 Total Refer 2 BOLTON AND MENK, INCORPORA _ Cash Payment E 401-43114-303 Engineering Fees 2014 STREET, UTILITY IMPROV PROJ. PW14- Invoice 0195912 10/192016 01 ENG SVCS AUG 13 THRU SEPT 9 2016 Invoice 0195896 10/19/2016 Project PW1401 Cash Payment E 101-43100.300 Professional Srvs GIS UPDATES ENG SVC AUG 13 THRU SEPT 9 2016 Invoice 0195912 10/192016 Cash Payment E 601-49400-300 Professional Srvs Invoice 0195912 10/19/2016 Cash Payment E 602-49450-300 Professional Srvs Invoice 0195912 10/192016 Cash Payment E 675-49425-300 Professional Srvs Invoice 0195912 10/192016 Cash Payment E 601-49400-500 Capital Outlay FA Invoice 0195906 10/19/2016 Cash Payment E 601-49400-300 Professional Srvs Invoice 0195920 10/19/2016 GIS UPDATES ENG SVC AUG 13 THRU SEPT 9 2016 GIS UPDATES ENG SVC SEPT 10 THRU OCT 72016 GIS UPDATES ENG SVC SEPT 10 THRU OCT 7 2016 2014 BARTLETT BLVD WATERMAIN REPLACE PROJ PW 14-08 ENG SVC SEPT 10 THRU OCT 7 2016 Project PW1408 UPDATE STREET & UTILITY MAPS ENGINEERING SVCS SEPT 10 THRU OCT 7 2016 -2713- 11/02/16 4:25 PM Page 1 $231.00 $210.00 $464.00 $464.00 $464.00 $924.00 $1,215.00 $3,972.00 $756.00 $64.00 $64.00 $64.00 $64.00 $156.00 $874.00 CITY OF MOUND Payments 11/02/16 4:25 PM Page 2 Current Period: November 2016 Cash Payment E 602-49450-300 Professional Srvs UPDATE STREET & UTILITY MAPS $874.00 ENGINEERING SVCS SETP 10 THRU OCT 7 2016 Invoice 0195920 10/19/2016 Cash Payment E 101-43100-300 Professional Srvs Invoice 0195920 10/19/2016 Cash Payment E 675-09425-300 Professional Srvs Invoice 0195920 10/19/2016 Transaction Date 11/2/2016 Refer 3 BOLTON AND MENK, INCORPORA Cash Payment E 401-43115-303 Engineering Fees Invoice 0195913 10/19/2016 Cash Payment E 40143135-303 Engineering Fees Invoice 0195918 10/19/2016 Cash Payment E 601-49400-500 Capital Outlay FA Invoice 0195922 10/19/2016 Cash Payment G 101-23360 SERENITY HILLS Invoice 0195907 10/19/2016 Cash Payment E 601-49400-500 Capital Outlay FA UPDATE STREET & UTILITY MAPS ENGINEERING SVCS SETP 10 THRU OCT 7 2016 UPDATE STREET & UTILITY MAPS ENGINEERING SVCS SETP 10 THRU OCT7 2016 Wells Fargo 10100 Total 2015 GRANDVIEW BLVD ST IMPROV PROJ ENG SVC SEPT 10 THRU OCT 7 2016 PW 15- 01 Project PW1501 2015 TUXEDO BLVD ST IMPROV PROJ ENG SVC SEPT 10 THRU OCT 7 2016 PW 15-02 Project PW1502 WATERMAIN LOOP BARTLETT TO ISLAND PARK PROJ 15-10 ENG SVCS SEPT 10 THRU OCT 7 2016 Project PW 1510 SERENITY HILLS SR LIVING PROJ DEVELOP REVIEW ENG SVCS SEPT 10 THRU OCT 7 2016 2015 WILSHIRE BLVD TRUNK WATERMAIN IMPROV PROJ PW 15-11 ENG SVC SEPT 10 THRU OCT 7 2016 Invoice 0195923 10/19/2016 Project PW1511 Cash Payment G 101-23327 MCESL39 BRADFORDNVIL MCES LS #39 & INTERCEPT REPLACEMENT PROJ -ENGINEERING SVCS SEPT 10 THRU OCT 7 2016 Invoice 0195915 10/19/2016 Transaction Date 11/2/2016 Refer 4 BOLTON AND MENK, INCORPORA Cash Payment E401-43117-303 Engineering Fees Invoice 0195903 10/19/2016 Cash Payment E 401-43137-303 Engineering Fees Invoice 0195905 10/19/2016 Cash Payment E 401-43147-303 Engineering Fees $874.00 $874.00 $4,664.00 $3,240.00 $5,512.10 $372.00 $133.00 $303.00 $1,848.00 Wells Fargo 10100 Total $11,408.10 2017 LYNWOOD BLVD STREET IMPROV $8,209.00 PROJ PW 17-01 ENG SVCS SEPT 10 THRU OCT 7 2016 Project PW1701 2017 WILSHIRE/MAYWOOD STREET $5,951.00 IMPROV PROJ PW 17-02 ENG SVCS SEPT 10 THRU OCT 7 2016 Project PW1702 2017 TUXEDO BLVD PHASE III STREET $5,034.00 IMPROV PROJ PW 17-03 ENG SVCS SEPT 10 THRU OCT 7 2016 Invoice 0195904 10/19/2016 Project PW1703 Transaction Date 11/2/2016 Wells Fargo 10100 Total $19,194.00 Refer ' 5BOLTON AND MENK INCORPORA _ -2714- CITY OF MOUND Payments Current Period: November 2016 Cash Payment E602-49450-500 Capital Outlay FA Invoice 0195898 10/19/2016 Cash Payment E 40143146-303 Engineering Fees Invoice 0195902 10/19/2016 Cash Payment E 40143116-303 Engineering Fees Invoice 0195901 10/19/2016 Cash Payment E 401-43136-303 Engineering Fees Invoice 0195919 10/19/2016 Cash Payment E 67549425-500 Capital Outlay FA Invoice 0195900 10/19/2016 Cash Payment E 602-49450-500 Capital Outlay FA Invoice 0195899 10/19/2016 Cash Payment E 60249450-500 Capital Outlay FA Invoice 0195897 10/19/2016 Transaction Date 11/2/2016 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 401 GENERAL CAPITAL PROJECTS 402 MUNICIPAL ST AID ST CONSTUCT 601 WATER FUND 602 SEWER FUND 675 STORM WATER UTILITY FUND 2016 LIFT STATION IMPROV PROJ PW 16-05 ENG SVC SEPT 10 THRU OCT 7 2016 Project PW 1605 2016 CYPRESS-MAYWOOD STREET IMPROV PROJ PW 16-03 ENG SVC SEPT 10 THRU OCT 7 2016 Project PW1603 2016 BARTLETT BLVD STREET IMPROV PROJ PW 16-01 ENG SVC SEPT 10 THRU OCT 7 2016 Project PW1601 2016 TUXEDO BLVD EAST STREET IMPROV PROJ PW 16-02 ENG SVC SEPT 10 THRU OCT 7 2016 Project PW 1602 2016 STORM DRAINAGE IMPROV PROJ- PW 16-09 ENG SVCS SEPT 10 THRU OCT 7 2016 Project PW1609 2016 SANITARY SEWER REHAB PROJ- PW 16-06 ENG SVCS SEPT 10 THRU OCT 7 2016 Project PW1606 2015 LIFT STATION IMPROV PROJ PW 15-04 ENGINEERING SVCS SEPT 10 THRU OCT 7 2016 11/02/16 4:25 PM Page 3 $4,093.00 $13,621.60 $46,159.60 $18,315.50 $154.00 $528.00 $231.00 Project PW1504 Wells Fargo 10100 Total $83,102.70 10100 Wells Fargo $3,383.00 $1,215.00 $106,798.80 $231.00 $3,157.00 $6,254.00 $1,302.00 $122,340.80 Pre -Written Checks $0.00 Checks to be Generated by the Computer $122,340.80 Total $122,340.80 -2715- CITY OF MOUND Payments Current Period: November 2016 s.RAu:- BatchName 110916CITY User Dollar Amt $52,536.96 Payments Computer Dollar Amt $52,536.96 $0.00 In Balance Refer 28 ADVANCED FIRST AID INC Cash Payment E 222-42260-219 Safety supplies Invoice 1016452 10/10/2016 Transaction Date 11/2/2016 Refer 38 RIFFS INC PORTABLE RESTR00 Cash Payment E 10145200-410 Rentals (GENERAL) Invoice W515323 10/12/2016 Cash Payment E 101-45200-410 Rentals (GENERAL) Invoice W615320 10/12/2016 Cash Payment E 101-45200-410 Rentals (GENERAL) Invoice W615321 10/12/2016 Cash Payment E 101-45200410 Rentals (GENERAL) Invoice W615322 10/12/2016 Transaction Date 11/2/2016 Refer 12 CENTERPOINT ENERGY(MINNEG Cash Payment E 60249450-383 Gas Utilities Invoice 110916-2 10/20/2016 Cash Payment E 602-49450-383 Gas Utilities Invoice 110916-2 10/20/2016 Cash Payment E 60249450-383 Gas Utilities Invoice 110916-2 10/20/2016 Cash Payment E 60249450-383 Gas Utilities Invoice 110916-2 10/20/2016 Cash Payment E 60249450-383 Gas Utilities Invoice 110916-2 10/20/2016 Cash Payment E 60249450-383 Gas Utilities Invoice 110916-2 10/20/2016 Cash Payment E 60249450-383 Gas Utilities Invoice 110916-2 10/20/2016 Cash Payment E 502-49450-383 Gas Utilities Invoice 110916-2 10/20/2016 11/03/16 12:03 PM Page 1 RE -CELL OF CARDIAC SCIENCE UNIT- $708.46 ADULT ELECTRODES POWERHEART G3 AED Wells Fargo 10100 Total $708.46 PHILBROOK PARK BIFFS RENTAL 8, SVC 9- $89.00 14-16 thru 10- 11-16 CENTERVIEW BEACH BIFFS RENTAL & SVC $379.00 9-14-16 thru 10-11-16 MOUND BAY PARK BIFFS RENTAL & SVC 9- $533.00 14-16 thru 10- 11-16 SKATEPARK BIFFS RENTAL & SVC 9- 14-16 $379.00 thru 10- 11-16 Wells Fargo 10100 Total $1,380.00 1758 SUMACH LANE LS GENERATOR NATL $18.60 GAS SVC 4-20-16 THRU 5-20-16 2649 EMERALD DR. LS E3 GENERATOR $21.10 NATL GAS SVC 4-20-16 THRU 5-20-16 4791 NORTHERN RD LS Dt GENERATOR $34.15 NATL GAS SVC 4-20-16 THRU 5-20-16 3303 WATERBURY RD LS GAS SVC 4-20-16 $19.82 THRU 5-20-16 2990 HIGHLAND BLVD LS Bt GENERATOR $21.71 NATL GAS SVC 4-20-16 THRU 5-20-16 4948 BARTLETT LS E2 GENERATOR NATL $23.58 GAS SVC 4-20-16 THRU 5-20-16 4728 CARLOW RD LS GENERATOR NATL $19.82 GAS SVC 4-20-16 THRU 5-20-16 5808 GRANDVIEW BLVD LS GENERATOR $22.52 NATL GAS SVC 4-20-16 THRU 5-20-16 Cash Payment E 60249450-383 Gas Utilities 4922 THREE PTS BLVD LS GENERATOR $21.70 NATL GAS SVC 4-20-16 THRU 5-20-16 Invoice 110916-2 10/20/2016 Transaction Date 11/2/2016 Wells Faroo 10100 Total $203.00 CITY OF MOUND 11/03/1612:03 PM Page 2 Payments Current Period: November 2016 Refer 8DISPLAYSALES _ Cash Payment E 101-43100-210 Operating Supplies INCANDESCENT BULBS- C9 CLEAR $144.50 Invoice 008360 1021/2016 Cash Payment E 101-43100-210 Operating Supplies INCANDESCENT BULBS- C7 & C9 GREEN, $430.00 RED, YELLOW, BLUE, CLEAR- HOLIDAY LITES Invoice 008359 10212016 Transaction Date 10/312016 Wells Fargo 10100 Total $574.50 Refer 13 EMERYS TREE SERVICE, INCORP _ Cash Payment E 101-45200-533 Tree Removal CLEARED ROOF.CUT LIMBS BACK @$240.00 NORTH OF 2310 ROBIN LN- 10-3-16 Invoice 1922420985 10/172016 Transaction Date 11/1/2016 Wells Fargo 10100 Total $240.00 Refer 14 ESS BROTHERS AND SONS, INCO _ Cash Payment E 602-49450-210 Operating Supplies CHIMNEY PATCH & REPAIR FOR MANHOLE $1,482.00 COVERS, SEWER LIDS, FRAMES Invoice VV8295 10/14/2016 Cash Payment E 60149400-210 Operating Supplies CHIMNEY PATCH & REPAIR, WATER VALVE $787.50 RISERS Invoice W8295 10/14/2016 Transaction Date 11/1/2016 Wells Fargo 10100 Total $2,269.50 Refer - 15 FIVE TECHNOLOGY Cash Payment E 101-41920-440 Other Contractual Servic MONTHLY MANAGED SVC & NETWORK $1,290.00 MTCE- NOVEMBER 2016 Invoice 11116-27 11/12016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $1,290.00 16 FRONTIER/CITIZENS COMMUNICA _Refer Cash Payment E 222-42260-321 Telephone, Cells & Red! NETWORK ETHERNET SVC 10-20-16 THRU $187.61 11-20-16 Invoice 4710365 10/20/2016 Cash Payment E 101-41920-321 Telephone, Cells, & Radi NETWORK ETHERNET SVC 10-20-16 THRU $562.81 11-20-16 Invoice 4710365 10/202016 Transaction Date 11/22016 Wells Fargo 10100 Total $750.42 Refer 34 GOPHER STATE ONE CALL, INC _ Cash Payment E 601-49400-395 Gopher One -Call OCT 2016 LOCATES $166.73 Invoice 6100584 10/312016 Cash Payment E 602-49450-395 Gopher One -Call OCT 2016 LOCATES $166.72 Invoice 6100584 10/312016 Transaction Date 11/22016 Wells Fargo 10100 Total $333.45 Refer.F 2 HD SUPPLY WATERWORKS, LTD _ Cash Payment E 601-49400-210 Operating Supplies 30" REED MANHOLE HOOK, 3/4" X 6" BRASS $182.98 NOZZLE- WATER DEPT Invoice G300108 10/212016 Transaction Date 10/312016 Wells Fargo 10100 Total $182.98 Refer x 38 HD SUPPLY WATERWORKS, LTD _ Cash Payment E 602-49450-210 Operating Supplies SEWER PVC PIPE, SOLVENT WELD GLUE $40.72 Invoice G257868 10/11/2016 -2717- CITY OF MOUND 11/03/16 tzP3 PM Page 3 Payments Current Period: November 2016 Cash Payment E 601-49400-210 Operating Supplies 5 FT HYDRAFINDER FLAGS- HYDRANT $1,885.68 MARKERS- WATER DEPT Invoice G265619 10/13/2016 Transaction Date 11/2/2016 Wells Fargo 10100 Total $1,926.40 Refer . _ 7 HECKSEL MACHINE SHOP, INC. Cash Payment E 10145200-220 Repair/Maint Supply GALVANIZED PIPE, ALUMINUM RAILING $145.00 SPLICES- PARKS DEPT Invoice 101413 10/19/2016 Transaction Date 10/31/2016 Wells Fargo 10100 Total _ ` $145.00 Refer 10 HOWLING WOLF EMBROIDERY _ Cash Payment E 10141500-218 Clothing and Uniforms CITY OF MOUND LOGO EMBROIDERED ON $7.00 FULL ZIP SWEATER JACKET- M. MACKRES 2016 MOUNDWEAR Invoice 110916 10/21/2016 Transaction Date 10/31/2016 Wells Fargo 10100 Total $7.00 Refer ~� 3 HYDRO KLEAN 35 LAWSON PRODUCTS, INC Cash Payment E 60249450404 Machinery/Equip Repairs CUES HK LOANER CAMERA REPAIR $651.10 Invoice 56229 10/18/2016 $203.81 Cash Payment E 602-49450-210 Operating Supplies CUES- SPACER .25 QUICK CHANGE, CPR $123.53 Invoice 56295 1026/2016 Cash Payment E 60249450-210 Operating Supplies CUES- CRANE- SHORT HEAD 22" $4,383.00 Invoice 56294 10/262016 Cash Payment E 60249450404 Machinery/Equip Repairs CUES- COMPACT PIPE RANGER- FOR $2,395.10 Transaction Date REPAIR -UPGRADE Wells Fargo 10100 Total Invoice 56302 10262016 Transaction Date 10/312016 Wells Fargo 10100 Total $7,552.73 Refer 29 INTERSTATE POWER SYSTEMS, I _ Cash Payment E 22242260409 Other Equipment Repair FIRE TRUCK UNIT #22 REPAIR- INSTALL $4,814.10 NEW WATER PUMP, INSTALL SUPPLY HOSE FROM TANK TO PUMP, FILLED COOLANT Invoice R001119148 10202016 Transaction Date 11/22016 Wells Fargo 10100 Total $4,814.10 Refer 35 LAWSON PRODUCTS, INC _ Cash Payment E 60249450-210 Operating Supplies SUPPLIES- PUB WKS SHOP- SEAL HOSE $203.81 CLAMPS, RECIP BLADES, ELECTRICAL TAPE, BRAKE KLEAN, HEAT SEAL, NIPPLES, COUPLERS, WASHERS, LUBE Invoice 9304461229 1024/2016 Project 16-3 Transaction Date 11/2/2016 Wells Fargo 10100 Total $203.81 Refer 4 LUBE TECH & PARTNERS, LLC _ Cash Payment E 60249450 210 Operating Supplies BULK OIL MOBIL DELVAC 5W40 - SHOP $1,570.50 SUPPLIES, DRUM DEPOSIT & CLEANOUT Invoice 842429 10/192016 Project 16-3 Cash Payment E602-49450-210 Operating Supplies Comments $100.00 USED BULK OIL PICK UP- PUB WKS SHOP 10-19-16 Invoice 842430 10/192016 Project 163 Transaction Date 10/312016 Wells Fargo 10100 Total $1,670.50 Refer r 30 LUSTRE -CAL NAMEPLATE CORPO _ -2718- CITY OF MOUND 11/03/16 12:03 PM Page 4 Payments Current Period: November 2016 Cash Payment E222-42260-210 Operating Supplies 'PROPERTY OF' ALUMINUM LABELS -FOR $338.77 FIRE TRUCKS Invoice 036357 10/112016 PO 24717 Transaction Date 11/1/2016 Transaction Date 112/2016 Wells Fargo 10100 Total $338.77 Refer 33 MINNESOTA ELEVATOR, INCORP _ Cash Payment E 101-41910-440 Other Contractual Servic NOVEMBER MONTHLY ELEVATOR SVC- $110.00 CENTENNIAL BLDG Invoice 682407 11/12016 Transaction Date 11/22016 Wells Fargo 10100 Total $110.00 Refer 17 MINNESOTA VALLEY TESTING LA - Cash Payment E 601-49400-470 Water Samples MONTHLY CHLORINE REPORT 6 COLIFORM $77.50 WATER TESTS -10 Invoice 834227 10/252016 Transaction Date 11/1/2016 Refer 18 MINUTEMAN PRESS Cash Payment E 101-41410-200 Office Supplies Invoice 18689 10/21/2016 Cash Payment E 10142400-203 Printed Forms Invoice 18689 10212016 Cash Payment E 10142400-203 Printed Forms Invoice 18689 10/212016 Cash Payment E 101-42115-210 Operating Supplies Invoice 18689 10212016 Transaction Date 11/12016 _Refer 19 MN CLEAN SERVICES, INC. Cash Payment E 101-41930460 Janitorial Services Invoice 1116M01 11/1/2016 Cash Payment E 222-42260460 Janitorial Services Invoice 1116M01 11/12016 Cash Payment E 10141910460 Janitorial Services Invoice 1116M01 11/1/2016 Cash Payment E 60249450460 Janitorial Services Invoice 1116M01 11/12016 Transaction Date 11/1/2016 Refer 36 MOUND FIRE RELIEF ASSOCIATIO Cash Payment E 22242260-124 Fire Pens Contrite Invoice 110916 11/12016 Transaction Date 11/2/2016 Refer 5 NELSON ELECTRIC MOTOR REPAI Wells Fargo 10100 Total $77.50 VOTER RECEIPT PADS- GENERAL $119.22 ELECTION 11-08-16 VOTER RECEIPT PADS- GENERAL $44.50 ELECTION 11-08-16 VOTER RECEIPT PADS- GENERAL $175.73 ELECTION 11-08-16 VOTER RECEIPT PADS- GENERAL $175.72 ELECTION 11-08-16 Wells Fargo 10100 Total $515.17 JANITORIAL SVC- OCTOBER 2016- CITY $474.80 HALL JANITORIAL SVC- OCTOBER 2016- FIRE $245.20 DEPT JANITORIAL SVC- OCTOBER 2016- $426.93 CENTENNIAL BLDG JANITORIAL SVC- OCTOBER 2016- PUBLIC $163.47 WORKS BLDG Project 16-3 Wells Fargo 10100 Total $1,310.40 NOVEMBER 2016 - FIRE RELIEF PENSION $10,416.67 CONTRIBUTION Wells Fargo 10100 Total $10,416.67 -2719- CITY OF MOUND Payments Current Period: November 2016 11/03/16 12:03 PM Page 5 Cash Payment E 60249450-440 Other Contractual Servic REPLACE LOWER SEAL ON PUMP 32 @ $430.00 3000 ISLAND VIEW DRIVE LIFT STATION & REPLACE DIALER ON SUNSET LIFT STATION Invoice 7858 10/14/2016 Transaction Date 10/31/2016 Wells Fargo 10100 Total $430.00 Refer 20 NORTHLAND EXCAVATING, LLC Cash Payment E 67549425-440 Other Contractual Servic BRING CATCH BASIN UP TO GRADE & POUR $750.00 NE CURB Invoice 110916 10/24/2016 Cash Payment E 101-43100-440 Other Contractual Servic TAKEOUT OLD STEPS, FIX WALL THAT $1,500.00 SETTLED, POUR NEW STEPS Invoice 110916 10/24/2016 Transaction Date 11/1/2016 Refer 21 OFFICE DEPOT Cash Payment E 222-42260-200 Office Supplies Invoice 871420566001 10/13/2016 P024669 Cash Payment E 10141930-200 Office Supplies Invoice 871420566001 10/13/2016 PO 24669 Cash Payment E 60949750-200 Office Supplies Invoice 871420566001 10/13/2016 PO 24669 Cash Payment E 10141410-200 Office Supplies Invoice 871420566001 10/13/2016 PO 24669 Cash Payment E 10141930-200 Office Supplies Invoice 874680408001 10126/2016 PO 24670 Cash Payment E 10142400-200 Office Supplies Invoice 874680408001 1026/2016 PO 24670 Cash Payment E 602-49450-200 Office Supplies Wells Fargo 10100 Total $2,250.00 LAMINATING POUCHES- FIRE DEPT $1499 LAMINATING POUCHES, SMALL WRITING $10.07 PADS u BLUE PENS $3.51 FORAY PENS- BLACK- ELECTIONS $7.02 BADGE CLIPS, COPY PAPER- CITY HALL, $166.96 BINDER CLIPS -SMALL, CALCULATOR, LP Cash Payment DRYLINE MARKERS, LAMINATING SHEETS PEST CONTROL SVC- QUARTERLY - CENT DRY ERSE MARKERS- PLANNING DEPT $4.06 HP INKJET PAPER- 36"X 150'- PUBLIC $7399 WORKS PRINTER Invoice 871420566001 10/13/2016 PO 24669 Project 16-3 Transaction Date 11/1/2016 Wells Fargo 10100 Total $280.60 u Refer 32 PLUNKETT S, INCORPORATED Cash Payment E 10141910440 Other Contractual Servic PEST CONTROL SVC- QUARTERLY - CENT $108.16 BLDG 10-7-16 Invoice 5551954 10/7/2016 Transaction Date 11/22016 Wells Fargo 10100 Total $108.16 Refer 31 SAFETY & SECURITY CONSULTAT Cash Payment E 22242260434 Conference & Training 9-24-16 ON -SCENE FIRE INVESTIGATION $125.00 INSTRUCTION CLASS -J. BROWN FIREFIGHTER Invoice 1897 10/16/2016 Transaction Date 11/22016 Wells Fargo 10100 Total $125.00 Refer 11 SCHINDLER ELEVATOR CORPORA _ Cash Payment E 285-46388440 Other Contractual Servic PARKING DECK ELEVATOR MTCE $2,614.32 CONTRACT 11-01-16 THRU 10-31-17 Invoice 8104392742 11/12016 Transaction Date 10/312016 Wells Fargo 10100 Total $2,614.32 Refer ._ 22 SUN NEWSPAPERS -HWS ACCT. _ -2720- Cash Payment E 60949750-340 Advertising Invoice 421289 10/16/2016 Transaction Date 11/1/2016 CITY OF MOUND Payments Current Period: November 2016 WEST LAKES GUIDE AD 10-15-16 11/03/16 12:03 PM Page 6 $380.00 Wells Fargo 10100 Total $380.00 Invoice 422077 10/22/2016 Cash Payment E 10141110-351 Legal Notices Publishing Invoice 422079 23 SUN PATRIOT NEWSPAPER -CITY _ Transaction Date _Refer Cash Payment E 10142400-351 Legal Notices Publishing PLANNING COMMISSIONER VACANCIES -AD Cash Payment E 60249450-400 Repairs & Maintenance 10-22-16 Invoice 422505 10/23/2016 Cash Payment E 10141410-351 Legal Notices Publishing LEGAL NTCE - ELECTIONS PUBLIC Invoice 9773650437 10/13/2016 ACCURACY TEST 10-27-16 Invoice 422078 10/22/2016 2016 Cash Payment E 10141110-351 Legal Notices Publishing LEGAL NTCE OF INTENT TO CONSIDER Cash Payment E 10145200-321 Telephone, Cells, & Red! CELL PHONE CHARGES 9-14-16 THRU 10-13- $93.81 ISSUANCE OF CABLE FRANCHISE - Invoice 9773650437 10/13/2016 APPLICATION INSTRUCTIONS- PUB 10-22-16 Invoice 422077 10/22/2016 Cash Payment E 10141110-351 Legal Notices Publishing Invoice 422079 10/22/2016 Transaction Date 11/1/2016 Refer 37 TWIN CITY HARDWARE Cash Payment E 60249450-400 Repairs & Maintenance Invoice 827312 10/14/2016 P024647 Transaction Date 11/2/2016 Refer 24 VERIZON WIRELESS Cash Payment G 101.13100 Due From Other Funds Invoice 9773650437 10/132016 LEGAL NTCE - FLOOD PLAIN MGMT ORDINANCE NO. 13--2016 REPEALS & REPLACES CITY CODE CHAPTER 113 - ADOPTS UPDATED FEMA MAPS- PUB 10-22- 16 Wells Fargo 10100 Total $144.00 $19.28 $146.49 $15.42 $325.19 REPLACE STEEL DOORS, FRAMES, $3,841.82 CLOSERS, THRESHOLDS, KICK PLATES ETC @ PUB WKS SHOP- NEW PUB SVC DOOR & BUS GARAGE ENTRANCE Wells Fargo 10100 Total $3,841.82 CELL PHONE CHARGES 9-14-16 THRU 10-13- $31.31 2016 Cash Payment E 10143100-321 Telephone, Cells, & Red! CELL PHONE CHARGES 9-14-16 THRU 10-13- $148.30 2016 Invoice 9773650437 10/13/2016 Cash Payment E 60149400-321 Telephone, Cells, & Red! CELL PHONE CHARGES 9-14-16 THRU 10-13- $85.29 2016 Invoice 9773650437 10/132016 Cash Payment E 602-49450-321 Telephone, Cells, & Red! CELL PHONE CHARGES 9-14-16 THRU 10-13- $88.73 2016 Invoice 9773650437 10/13/2016 Cash Payment E 10142400-321 Telephone, Cells, & Red! CELL PHONE CHARGES 9-14-16 THRU 10-13- $38.38 2016 Invoice 9773650437 101132016 Cash Payment E 10145200-321 Telephone, Cells, & Red! CELL PHONE CHARGES 9-14-16 THRU 10-13- $93.81 2016 Invoice 9773650437 10/13/2016 Cash Payment E 10141310-321 Telephone, Cells, & Radi CELL PHONE CHARGES 9-14-16 THRU 10-13- $55.27 2016 Invoice 9773650437 10/132016 Cash Payment E 22242260-321 Telephone, Cells, & Red! CELL PHONE CHARGES 9-14-16 THRU 10-13- $101.42 2016 Invoice 9773650437 10/13/2016 -2721- CITY OF MOUND Payments Current Period: November 2016 11/03/16 12:03 PM Page 7 Cash Payment E 101-42115-321 Telephone, Cells, & Radi CELL PHONE CHARGES 9-14-16 THRU 10.13- $15.64 2016 Invoice 9773650437 10/13/2016 Transaction Date 11/1/2016 Wells Fargo 10100 Total $658.15 Refer 27 WASTE MANAGEMENT OF WI -MN _ Cash Payment E 10141930-384 Refuse/Garbage Dispose GARBAGE SVC NOV 2016- CITY HALL & FIRE $37.27 DEPT Invoice 6967132-1593-2 10/28/2016 Cash Payment E 222-42260-384 Refuse/Garbage Dispose GARBAGE SVC NOV 2016- CITY HALL & FIRE $37.28 DEPT Invoice 6967132-1593-2 10/28/2016 Cash Payment E 101-45200-384 Refuse/Garbage Dispose GARBAGE SVC NOV 2016- PARKS Invoice 6967133-1593-0 10/28/2016 Cash Payment E 602-49450-384 Refuse/Garbage Dispose GARBAGE SVC NOV 2016- PUBLIC WORKS_ Invoice 6967134-1593-8 10/28/2016 Project 16.3 Transaction Date 11/1/2016 Wells Fargo 10100 Total Refer 9 WATERTEK _ Cash Payment E 101-41910-210 Operating Supplies EVERPURE WATER FILTER REPLACEMENT CARTRIDGES- CENTENNIAL BLDG $236.52 $74.55 $385.62 $61.67 Invoice 51509 10/20/2016 PO 24803 Transaction Date 10/3112016 Wells Fargo 10100 Total $61.67 Refer 1 WESTONKA SEWER & WATER, IN Cash Payment E 601-49400-440 Other Contractual Servic DIG UP & REPLACE LEAKING CURBSTOP @ $1,395.00 6000 LYNWOOD BLVD Invoice 7228 10/2112016 Transaction Date 10/312016 Wells Fargo 10100 Total $1,395.00 Refer 6 WESTSIDE WHOLESALE TIRE AND _ Cash Payment E 601-49400-440 Other Contractual Servic 4 TIRES- MOUNT & BALANCE- WATER $610.95 TRUCK #315'14 FORD F150 Invoice 777493 1021/2016 Cash Payment E 601-49400-220 Repair/Maint Supply 4 TIRES. WATER TRUCK #315'14 FORD $425.30 F150 Invoice 777481 1021/2016 Cash Payment E 101-43100-440 Other Contractual Servic 4 TIRES- MOUNT & BALANCE- STREETS $1,460.20 TRUCK #1604 2004 STERLING TANDEM STREETS DEPT Invoice 776982 10/17/2016 Transaction Date 10/31/2016 -:.. _.�_�.__. .,._._�...__......:,�.�,.... Wells Fargo 10100 Total $2,496.45 Refer �,....::�. 26XCELENERGY Cash Payment E 602-49450381 Electric Utilities ELECTRIC SVC - 9-26-16 TO 10-10-16 $8.63 Invoice 521681460 10252016 Cash Payment E 101-42115-381 Electric Utilities ELECTRIC SVC - 9-26-16 TO 10-10-16 $22.36 Invoice 521681460 10/25/2016 Transaction Date 11/1/2016 Wells Fargo 10100 Total $30.99 25 XCEL ENERGY _ _Refer Cash Payment E 101-43100-381 Electric Utilities SHORELINE -COMMERCE STREET LIGHTS 9- $55.61 22-16 THRU 10-23-16 Invoice 521549060 10/24/2016 -2722- CITY OF MOUND Payments Current Period: November 2016 11/03/16 12:03 PM Page 8 Cash Payment E 602-49450-381 Electric Utilities ELECTRIC SVC 9-24.16 THRU 10-24-16 $78.02 CARLOW RD LIFT STATION Invoice 521791722 10/26/2016 Transaction Date 11/2/2016 Wells Fargo 10100 Total $133.63 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 285 MOUND HRA 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 675 STORM WATER UTILITY FUND 10100 Wells Fargo $10,104.01 $16,989.50 $2,614.32 $5,616.93 $16,078.69 $383.51 $750.00 $52,536.96 Pre -Written Checks $0.00 Checks to be Generated by the Computer $52,536.96 Total $52,536.96 -2723- CITY OF MOUND Payments Current Period: November 2016 •Batch Name 110916HWS User Dollar Amt $128,555.45 Payments Computer Dollar Amt $128,555.45 $0.00 In Balance Refer 1 ARCTIC GLACIER PREMIUM ICE 11/03/16 11:57 AM Page 1 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $121.86 Invoice 1935630207 10/282016 Transaction Date 11/3/2016 Due 12/31/2014 Wells Fargo 10100 Total $121.86 Refer 2 ARTISAN BEER COMPANY . Cash Payment E 60949750-252 Beer For Resale BEER $235.00 Invoice 3134482 1020/2016 Cash Payment E 60949750-252 Beer For Resale BEER $507.45 Invoice 313262 10/13/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $742.45 Refer 3 BELLBOY CORPORATION _ Cash Payment E 60949750-210 Operating Supplies SUPPLIES, BAGS $47.00 Invoice 94832700 1028/2016 Cash Payment E 609-49750-254 Soft Drinks/Mix For Rasa MIX $54.00 Invoice 94832700 10/28/2016 Cash Payment E 60949750-255 Misc Merchandise For R MDSE- CORKSCREWS- FLASKS $7629 Invoice 94832700 1028/2016 Cash Payment E 60949750-254 Soft Drinks/Mix For Rasa MIX $142.39 Invoice 94798800 1021/2016 Cash Payment E 60949750-210 Operating Supplies SUPPLIES- DUM DUM POPS, BAGS $159.92 Invoice 94798800 10/21/2016 Transaction Date 11/32016 Wells Fargo 10100 Total $479.60 Refer 5 BELLBOY CORPORATION _ Cash Payment E 60949750-251 Liquor For Resale LIQUOR $698.01 Invoice 55932500 10/21/2016 Cash Payment E 60949750-265 Freight FREIGHT $11.48 Invoice 55932500 10212016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR $1,864.60 Invoice 56039500 1028/2016 Cash Payment E 60949750-265 Freight FREIGHT $29.45 Invoice 56039500 10/28/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR $3,157.22 Invoice 56063300 11/22016 Cash Payment E 60949750-265 Freight FREIGHT $40.30 Invoice 56063300 11/22016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $5,801.06 Refer 4 BELLBOY CORPORATION _ Cash Payment E 60949750-251 Liquor For Resale LIQUOR $405.00 Invoice 55946300 10/24/2016 . Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,624.75 Invoice 55949200 10242016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR $3,972.55 Invoice 55849500 10/17/2016 -2724- 57 AM CITY OF MOUND 11I03/1611Page2 Page 2 Payments Current Period: November 2016 h_. _ 7 BERNICKS BEVERAGES AND VEN Total $5,402.20 — Cash Payment E 60949750-251 Liquor For Resale LIQUOR CREDIT -$200.20 Invoice 55415900 9/15/2016 Invoice 1090627776 10/192016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $7,802.10 Refer 6 BERNICKS BEVERAGES AND VEN Cash Payment Cash Payment E 60949750-254 Soft Drinks/Mix For Resa MIX $51.20 Invoice 324819 10/192016 Cash Payment E 60949750-252 Beer For Resale BEER Cash Payment E 609.49750-252 Beer For Resale BEER $672.90 Invoice 324820 10/192016 $9,181.00 Invoice 1090630053 10/262016 Cash Payment E 60949750-252 Beer For Resale BEER CREDIT -$100.04 Invoice 324821 10/192016 _ Transaction Date 11/32016 Wells Fargo 10100 Total $624.06 Refer 7 BERNICKS BEVERAGES AND VEN Total $5,402.20 Refer 9 BREAKTHRU BEVERAGE MN BEE Cash Payment E 60949750-254 Soft Drinks/Mix For Resa MIX $10.40 Invoice 326045 10/262016 Invoice 1090627776 10/192016 Cash Payment E 60949750-254 Soft Drinks/Mix For Resa MIX $46.80 Invoice 327167 11/2/2016 Cash Payment E 60949750-252 Beer For Resale BEER $1,391.40 Invoice 326046 10/26/2016 Cash Payment E 60949750-252 Beer For Resale BEER Cash Payment E 609-49750-252 Beer For Resale BEER $473.90 Invoice 327168 11/22016 $9,181.00 Invoice 1090630053 10/262016 Transaction Date 11/32016 Wells Fargo 10100 Total $1,922.50 Refer 8 BLU SKY PUBLISHING _ Cash Payment E 60949750-340 Advertising 1/4 PAGE AD NOVEMBER 2016 WEST $175.00 METRO BUSINESS PUBLICATION Invoice 17089 1024/2016 Transaction Date 11/32016 Wells Fargo 10100 Total $175.00 Refer 10 BREAKTHRU BEVERAGE MN BEE _ Cash Payment E 609-49750-252 Beer For Resale BEER $5,714.50 Invoice 1090633293 11/22016 Cash Payment E 60949750-252 Beer For Resale BEER CREDIT -$312.30 Invoice 1090633292 11/22016 Transaction Date 11/3/2016 Wells Fargo 10100 `Y Total $5,402.20 Refer 9 BREAKTHRU BEVERAGE MN BEE Cash Payment E 60949750-252 Beer For Resale BEER $2,178.98 Invoice 1090627776 10/192016 Cash Payment E 60949750-252 Beer For Resale BEER $222.60 Invoice 1090627778 10/192016 Cash Payment E 609-49750-252 Beer For Resale BEER $83.00 Invoice 1090627777 10/19/2018 Cash Payment E 60949750-252 Beer For Resale BEER $154.00 Invoice 1090630054 10/262016 Cash Payment E 60949750-252 Beer For Resale BEER $9,181.00 Invoice 1090630053 10/262016 Transaction Date 11/32016 Wells Fargo 10100 Total $11,819.58 Refer 12 BREAKTHRU BEVERAGE MN WINE _ Cash Payment E 60949750-253 Wine For Resale WINE $759.92 Invoice 1080543520 10/202016 -2725- CIN OF MOUND 11/03/1611:57 AM Page 3 Payments Current Period: November 2016 Invoice 1080549990 11/3/2016 Transaction Date 11/3/2016 Wells Fargo Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,069.67 Invoice 1080543518 10/20/2016 14 CHANKASKA CREEK TASTING_RO _ Cash Payment E 609-49750-254 Sok Drinks/Mix For Resa MIX $154.00 Invoice 1080543519 10/20/2016 Cash Payment E 60949750 253 Wine For Resale Cash Payment E 609-49750-253 Wine For Resale WINE $352.00 Invoice 1080544276 10/21/2018 Invoice 195105 10/14/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $4,335.59 Refer 11 BREAKTHRU BEVERAGE MN WINE _ 11/3/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $108.00 Invoice 1080546097 10/27/2016 Refer 15 CLEAR RIVER BEVERAGE CO Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $382.32 Invoice 1080546846 10/27/2016 Cash Payment E 60949750-252 Beer For Resale Cash Payment E 60949750-253 Wine For Resale WINE $874.52 Invoice 1080546096 10/27/2016 Invoice 67-845 10/20/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR $1,811.49 Invoice 1080546095 10127/2016 Transaction Date 11/3/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $3,176.33 Refer 13 BREAKTHRU BEVERAGE MN WINE _ 16 COCA COLA BOTTLING -MIDWEST Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,763.61 Invoice 1080549989 11/3/2016 Cash Payment E 60949750-254 Soft Drinks/Mix For Resa COCA COLA PRODUCTS- MIX Cash Payment E 60949750-254 Soft Drinks/Mix For Resa MIX $55.95 Invoice 1080549989 11/3/2016 Cash Payment E 60949750-253 Wine For Resale WINE $677.82 Invoice 1080549990 11/3/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $4,497.38 Refer- 14 CHANKASKA CREEK TASTING_RO _ Cash Payment E 60949750 253 Wine For Resale WINE $285.60 Invoice 195105 10/14/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $285.60 Refer 15 CLEAR RIVER BEVERAGE CO _ Cash Payment E 60949750-252 Beer For Resale BEER $402.00 Invoice 67-845 10/20/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $402.00 Refer 16 COCA COLA BOTTLING -MIDWEST Cash Payment E 60949750-254 Soft Drinks/Mix For Resa COCA COLA PRODUCTS- MIX $243.92 Invoice 3602201421 10/25/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $243.92 Refer . _- 17 DAHLHEIMER BEVERAGE LLC Cash Payment E 60949750-252 Beer For Resale BEER $653.75 Invoice 1223806 10/26/2018 Cash Payment E 60949750-252 Beer For Resale BEER $870.00 Invoice 133778 10/17/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $1,523.75 Refer- 18 ENKI BREWING COMPANY Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa BEER $65.00 Invoice 6364 10/24/2016 -2726- 7 AM CITY OF MOUND 11/03/1611Page4 Page 4 Payments Current Period: November 2016 Transaction Date 11/3/2016 , Wells Fargo 10100 Total $65.00 Refer 19 GRAPE BEGINNINGS, INCORPORA _ 10/192016 LIQUOR CREDIT -$3.09 Cash Payment E 60949750-253 Wine For Resale WINE Invoice 2597013 10/19/2016 $144.00 Invoice 11322 10/19/2016 E 60949750-252 Beer For Resale BEER $5,570.15 Invoice 2597012 Cash Payment E 60949750-265 Freight FREIGHT Cash Payment E 60949750-252 Beer For Resale $225 Invoice 11322 101192016 10/192016 - Cash Payment Cash Payment E 60949750-253 Wine For Resale WINE Invoice 2597084 11/22016 $120.00 Invoice 12037 11/2/2016 E 609-49750-252 Beer For Resale BEER $131.20 Cash Payment E 609-49750-265 Freight FREIGHT $225 Invoice 12037 11/22016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR $162.00 Invoice 11250 10/182016 Cash Payment E 60949750-265 Freight FREIGHT $225 Invoice 11250 10/18/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $432.75 Refer 20 HOHENSTEINS, INCORPORATED Cash Payment E 60949750 252 Beer For Resale BEER $1,374.00 Invoice 000057 10/27/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $1,374.00 Refer 22 JJ TAYLOR. DISTRIBUTING MINN Cash Payment E 609-49750-262 Beer For Resale BEER $67.20 Invoice 2597048 10262016 Cash Payment E 60949750-252 Beer For Resale BEER $3,319.44 Invoice 2597047 10262016 Cash Payment E 60949750-252 Beer For Resale BEER $236.60 Invoice 2597059 10/26/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $3,623.24 Refer 2111 TAYLOR. DISTRIBUTING MINN _ $9,971.37 Cash Payment E 60949750-252 Beer For Resale BEER $132.00 Invoice 2597013 10/192016 LIQUOR CREDIT -$3.09 Cash Payment E 60949750-254 Soft Drinks/Mix For Resa MIX $40.00 Invoice 2597013 10/19/2016 E 60949750-251 Liquor For Resale LIQUOR CREDIT Cash Payment E 60949750-252 Beer For Resale BEER $5,570.15 Invoice 2597012 10/192016 11/3/2016 Wells Fsr�n 10100 Total Cash Payment E 60949750-252 Beer For Resale BEER $20.50 Invoice 2597023 10/192016 - Cash Payment E 60949750-252 Beer For Resale BEER $4,077.52 Invoice 2597084 11/22016 Cash Payment E 609-49750-252 Beer For Resale BEER $131.20 Invoice 2597085 11/22016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $9,971.37 Refer 25 JOHNSON BROTHERS LIQUOR Cash Payment E 60949750-251 Liquor For Resale LIQUOR CREDIT -$3.09 Invoice 595623 10/11/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR CREDIT -$11.33 Invoice 595623 10/112016 Transaction Date 11/3/2016 Wells Fsr�n 10100 Total -$14.42 r__ CITY OF MOUND Payments Current Period: November 2016 Refer 24 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 5571886 10/26/2016 Cash Payment E 60949750-253 Wine For Resale WINE Invoice 5571887 10/26/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR Invoice 5577637 11/2/2016 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 55776388 11/2/2016 10/27/2016 Transaction Date 11/3/2016 Wells Fargo Refer 23 JOHNSON BROTHERS LIQUOR 10/30/2016 Cash Payment E 60949750-254 Soft Drinks/Mix For Rasa MIX Invoice 5566438 10/19/2016 Refer Cash Payment E 60949750-251 Liquor For Resale LIQUOR Invoice 5566437 10/19/2016 Invoice 32341 Cash Payment E 60949750-253 Wine For Resale WINE Invoice 5566436 10/19/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR Invoice 5566435 10/19/2016 Transaction Date 11/3/2016 Wells Fargo Refer 45 LAKES & LEGENDS BREWING CO _ Cash Payment E 60949750-252 Beer For Resale BEER Invoice 1230 11/2/2016 Transaction Date 11/3/2016 Wells Fargo Refer 26 MARGRON SKOGLUND WINE IMP _ Cash Payment E 60949750-253 Wine For Resale WINE Invoice 20020288 10/13/2016 Cash Payment E 60949750-265 Freight FREIGHT Invoice 20020288 10/13/2016 Cash Payment E 60949750-253 Wine For Resale WINE Invoice 20020315 10/20/2016 Transaction Date 11/3/2016 Wells Fargo Refer 28 MARLIN S TRUCKING DELIVERY 11/03/16 11:57 AM Page 5 $5,593.86 $5,791.93 $2,184.51 $3,735.80 10100 Total $17,306.10 $37.25 $30.00 $4,383.00 $2,875.01 10100 Total $7,325.26 $190.00 10100 Total $190.00 10100 Cash Payment E 60949750-265 Freight DELIVERY SVC 10-17-16 Invoice 32389 10/17/2016 Cash Payment E 609.49750-265 Freight DELIVERY SVC 10-20-16 Invoice 32405 10/20/2016 Cash Payment E 60949750-265 Freight DELIVERY SVC 10-24-16 Invoice 32412 10/24/2016 Cash Payment E 609-49750-265 Freight DELIVERY SVC 10-27-16 Invoice 32429 10/27/2016 Cash Payment E 60949750-265 Freight DELIVERY SVC 10-30-16 Invoice 9 10/30/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Refer 27 MARLIN S TRUCKING DELIVERY _ Cash Payment E 509-49750-265 Freight DELIVERY SVC 10-03-16 Invoice 32341 10/3/2016 -2728- $224.00 $3.00 $168.00 Total $395.00 $52.20 $295.80 $47.85 $362.50 $791.70 Total $1,550.05 $20.16 CITY OF MOUND Payments Current Period: November 2016 11/03/16 11:57 AM Page 6 Cash Payment E 60949750-265 Freight DELIVERY SVC 10-06-16 $314.65 Invoice 32358 10/6/2016 Cash Payment E 60949750-265 Freight DELIVERY SVC 10.10-16 $44.95 Invoice 32366 10/10/2016 Cash Payment E 609-49750-265 Freight DELIVERY SVC 10-13-16 $411.80 Invoice 32382 10/13/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $791.56 Refer 29 MINNEHAHA BUILDING MAINTENA Cash Payment E 609-49750440 Other Contractual Servic WASH WINDOWS INSIDE & OUT 9-19-16 $65.19 Invoice 928061516 10/9/2016 32 PAUSTIS AND SONS WINE COMPA _ Transaction Date 111312016 Wells Fargo 10100 Total $65.19 Refer 30 PARLEY LAKE WINERY _ Cash Payment E 60949750-253 Wine For Resale WINE $240.00 Invoice 16170 10/20/2016 10/24/2016 Cash Payment E 60949750-253 Wine For Resale WINE $144.00 Invoice 16173 11/2/2016 34 PHILLIPS WINE AND SPIRITS INC Transaction Date 11/3/2016 Wells Fargo 10100 Total $384.00 Refer 31 PAUSTIS AND SONS WINE COMPA Cash Payment E 60949750-253 Wine For Resale WINE $1,129.01 Invoice 8567675 10/31/2016 Cash Payment E 60949750-265 Freight FREIGHT $13.75 Invoice 8567675 10/31/2016 Cash Payment E 60949750-253 Wine For Resale WINE $1,216.75 Invoice 8565855 10/17/2016 Cash Payment E 609-49750-265 Freight FREIGHT $15.00 Invoice 8565855 10/17/2016 Transaction Date 11/3/2016 Wells Fargo 10100tat Total $2,37 _-^ -,- 4.51 Refer 32 PAUSTIS AND SONS WINE COMPA _ Cash Payment E 60949750-253 Wine For Resale WINE $586.00 Invoice 8566784 10/24/2016 Cash Payment E 609-49750-265 Freight FREIGHT $10.00 Invoice 8566784 10/24/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $596.00 Refer 34 PHILLIPS WINE AND SPIRITS INC Cash Payment E 60949750-253 Wine For Resale WINE CREDIT -$105.50 Invoice 247466 9/30/2016 Cash Payment E 60949750-253 Wine For Resale WINE $894.70 Invoice 2067693 11/2/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR $2,019.80 Invoice 2067692 11/2/2016 Transaction Date 11/3/2016 Wells Fargo 10100 _ _-Total . +$2,809.00 Refer 33 PHILLIPS WINE AND SPIRITS INC _ Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $586.25 Invoice 2060167 10/19/2016 Cash Payment E 60949750-253 Wine For Resale WINE $825.00 Invoice 2060168 10/19/2016 -2729- CITY OF MOUND 11/03/1611:57 AM Page 7 Payments Current Period: November 2016 Invoice 1161115 10/252016 -2730- Cash Payment E 60949750-253 Wine For Resale WINE $435.90 Invoice 2063906 10/19/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR $1,091.35 Invoice 2063905 10/19/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $2,938.50 Refer 35 SHANKEN COMMUNICATIONS INC _ Cash Payment E 60949750-255 Misc Merchandise For R WINE SPECTATOR PUBLICATIONS 10-31-16 $15.00 EDITION Invoice S0543295 9/27/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $15.00 Refer 36 SMALL LOT MN _ Cash Payment E 60949750-253 Wine For Resale WINE $280.08 Invoice 10188 10/21/2016 Cash Payment E 60949750-265 Freight DELIVERY $6.15 Invoice 10188 10/21/2016 Cash Payment E 609-49750-253 Wine For Resale WINE $96.00 Invoice 10175 1020/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $382.23 Refer 37 SOUTHERN WINE & SPIRITS W M _ Cash Payment E 60949750-253 Wine For Resale WINE $1,650.00 Invoice 1465928 1020/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR $2,223.50 Invoice 1465929 10/20/2016 Cash Payment E 60949750-254 Soft Drinks/Mix For Ress MIX $116.74 Invoice 1465930 1020/2016 Cash Payment E 60949750-253 Wine For Resale WINE $117.93 Invoice 1468507 10/272016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $995.30 Invoice 1468508 1027/2016 Cash Payment E 60949750-253 Wine For Resale WINE $1,574.00 Invoice 1468509 10272016 Cash Payment E 60949750-253 Wine For Resale WINE $1,593.34 Invoice 1471187 11/3/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR $1,826.89 Invoice 1471188 11/32016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $10,097.70 Refer 38 THORPE DISTRIBUTING COMPAN _ Cash Payment E 609-49750-252 Beer For Resale BEER $60.00 Invoice 167-60 11/1/2016 Cash Payment E 60949750-252 Beer For Resale BEER $20420 Invoice 1164583 11/1/2016 Cash Payment E 60949750-252 Beer For Resale BEER $1,519.05 Invoice 1164582 11/12016 Cash Payment E 60949750-252 Beer For Resale BEER $1,647.40 Invoice 1157599 10/182016 Cash Payment E 60949750-252 Beer For Resale BEER $8,119.42 Invoice 1161115 10/252016 -2730- CITY OF MOUND Payments Current Period: November 2016 11/03/16 11:57 AM Page 8 Cash Payment E 609-49750-252 Beer For Resale BEER $101.00 Invoice 1162084 10/19/2016 Transaction Date 1113/2016 Wells Fargo 10100 Total $11,651.07 Refer 39 TWISTED SHRUB LLC, THE Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $216.00 Invoice 1455 10/20/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $216.00 Refer 40 VINOCOPIA, INCORPORATED _ Cash Payment E 60949750-251 Liquor For Resale LIQUOR $745.67 Invoice 0164036 10/20/2016 Cash Payment E 609-49750-265 Freight FREIGHT $7.50 Invoice 0164036 10/20/2016 Cash Payment E 60949750-253 Wine For Resale WINE $112.00 Invoice 0164037 10120/2016 Cash Payment E 60949750-265 Freight FREIGHT $5.00 Invoice 0164037 10/20/2016 Cash Payment E 60949750-253 Wine For Resale BEER $24.00 Invoice 0164035 10/20/2016 Cash Payment E 60949750-265 Freight FREIGHT $2.50 Invoice 0164035 10/20/2016 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $60.08 Invoice 0161340 9/20/2016 Cash Payment E 60949750-265 Freight FREIGHT $2.50 Invoice 0161340 9/20/2016 Cash Payment E 60949750-253 Wine For Resale WINE $99.00 Invoice 0164361 10/25/2016 Cash Payment E 60949750-265 Freight FREIGHT $2.50 Invoice 0164361 10/25/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR CREDIT -$120.00 Invoice 0160967CM 9/30/2016 Cash Payment E 60949750-265 Freight FREIGHT CREDIT -$2.00 Invoice 0162117CM 9/30/2016 Cash Payment E 60949750-251 Liquor For Resale LIQUOR CREDIT -$148.75 Invoice 0162117CM 9/30/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $790.00 Refer 41 VINOCOPIA, INCORPORATED - Cash Payment E 60949750-251 Liquor For Resale LIQUOR $262.63 Invoice 0164917 10/28/2016 Cash Payment E 609-49750-265 Freight FREIGHT $2.00 Invoice 0164917 10/28/2016 Cash Payment E 60949750.253 Wine For Resale WINE $672.00 Invoice 0164916 10/28/2016 Cash Payment E 60949750-265 Freight FREIGHT $14.00 Invoice 0164916 10/28/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $950.63 Refer 42 WINE COMPANY _ Cash Payment E 609-49750-253 Wine For Resale WINE $804.00 Invoice 18441 10127/2016 _2731_ CITY OF MOUND Payments Current Period: November 2016 Pre -Written Checks $0.00 Checks to be Generated by the Computer $128,555.45 Total $128,555.45 -2732- 11/03/16 11:57 AM Page 9 $9.90 $560.00 $6.30 10100 Total $1,380.20 $645.28 $620.00 $21.00 -$40.00 $184.00 $19.75 10100 Total $1,450.03 $88.00 $2.50 10100 Total $90.50 -- Cash Payment E 60949750-265 Freight FREIGHT Invoice 18441 10/27/2016 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 17694 10/20/2016 Cash Payment E 60949750-265 Freight FREIGHT Invoice 17694 10/20/2016 Transaction Date 11/3/2016 Wells Fargo Refer 43 WINE MERCHANTS _ Cash Payment E 60949750-253 Wine For Resale WINE Invoice 7103853 10/192016 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 7104887 10126/2016 Cash Payment E 60949750-254 Soft Drinks/Mix For Rosa MIX Invoice 7103854 10/192016 Cash Payment E 60949750-253 Wine For Resale WINE CREDIT Invoice 710174 10/62016 Cash Payment E 60949750-253 Wine For Resale WINE Invoice 7105943 11/2/2016 Cash Payment E 60949750-254 Soft Drinks/MIX For Rasa MIX Invoice 7105944 11/2/2016 Transaction Date 11/3/2016 Wells Fargo Refer 44 Z WINES USA LLC _ Cash Payment E 60949750-253 Wine For Resale WINE Invoice 17432 112/2016 Cash Payment E 60949750-265 Freight FREIGHT Invoice 17432 11/22016 Transaction Date ~ 11/3/2016 Wells Fargo Fund Summary 10100 Wells Fargo 609 MUNICIPAL LIQUOR FUND $128,555.45 $128,555.45 Pre -Written Checks $0.00 Checks to be Generated by the Computer $128,555.45 Total $128,555.45 -2732- 11/03/16 11:57 AM Page 9 $9.90 $560.00 $6.30 10100 Total $1,380.20 $645.28 $620.00 $21.00 -$40.00 $184.00 $19.75 10100 Total $1,450.03 $88.00 $2.50 10100 Total $90.50 CITY OF MOUND 11/03/1612:40 PM Page 1 Payments Current Period: November 2016 Batch Name 1016KENGRAV User Dollar Amt $1,846.21 Payments Computer DollarAmt $1,846.21 $0.00 In Balance Refer 10 KENNEDYAND GRAVEN _ Cash Payment E 609-49750-300 Professional Srvs HWS CONTRIBUTIONS LEGAL SVCS SEPT $58.00 2016 Invoice 134011 1028/2016 Cash Payment E 101-41600-304 Legal Fees EXECUTIVE LEGAL SVCS SEPT 2016 $304.50 Invoice 134011 10282016 Cash Payment G 101-23349 1861 COMMERCE -TRIDENT 1861 COMMERCE BLVD. TRIDENT DEVELOP $127.90 LEGAL SVCS SEPT 2016 Invoice 134011 10/28/2016 Cash Payment G 101-23327 MCESL39 BRADFORDNVIL MCES L39 & INTERCEPT LIFT STATION $680.97 IMPROV PROJ LEGAL SVCS SEPT 2016 Invoice 134011 1028/2016 Cash Payment G 101-13100 Due From Other Funds 2020 COMMERCE- INDIAN KNOLL MANOR $105.00 ZONING TRANSFER TO AEON- LEGAL SVCS SEPT 2016 Invoice 134011 10/282016 Cash Payment E 101-41600-300 Professional Srvs FRONTIER FRANCHISE MATTERS- LEGAL $212.50 SVCS SEPT 2016 Invoice 134011 1028/2016 Cash Payment G 101-233614518 MANCHESTER RD LE 4518 MANCHESTER RD SEWER ISSUE- $357.34 LEGAL SVCS SEPT 2016 Invoice 134011 10/28/2016 Transaction Date 11/3/2016 Wells Fargo 10100 Total $1,846.21 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $1,788.21 609 MUNICIPAL LIQUOR FUND $58.00 $1,846.21 Pre -Written Checks $0.00 Checks to be Generated by the Computer $1,846.21 Total $1,846.21 -2733- r 4k MEMORANDUM Date: November 3, 2016 To: Mayor and City Council From: Catherine Pausche, Director of Finance and Administrative Services Subject: Professional Services Contracts The City of Mound approved one year contracts for professional services in 2015. This year, we are proposing three year renewals with either set increases or rate caps, with the exception of MNSPECT, which is a one year contract at the same rates per the direction provided at the November Istworkshop. Consulting/Prof Services Firm Service Contract Period/Price 2015 KENNEDY AND GRAVEN Attorney 3 YRS - 2017 $0 2018 +$5/HR 2019 $0 $60K HOSINGTON KOEGLER GROUP Plannin 3 YRS - 2017 +$5/hr max 2018 0% 2019 0% $19K BOLTON AND MENK, INC En ineerin 3 YRS - 2017 $24/hr 2018/19 - Max +4% $1.271 M MNSPECT BldgOfficial 1 YR - no change - 50% of permit fees $107K Staff recommends approval of the contracts. Please let Catherine know if you have any questions regarding this matter at (952)472-0633. -2734-A CITY OF MOUND RESOLUTION NO. 16 -- RESOLUTION TO AUTHORIZE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACT AGREEMENT FOR LEGAL SERVICES WHEREAS, the City Council designates a City Attorney to serve as the legal advisor to the Council and the City Manger pursuant to Section 2-89 of the City Code; and WHEREAS, the City has contracted with Kennedy & Graven for legal services for many years; and WHEREAS, Kennedy & Graven is well established with a good reputation and the necessary skills to provide legal services; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby authorizes the Mayor and City Manager to enter into a contract agreement with Kennedy & Graven, Chartered, for legal services as shown in Attachment A and made a part herein. Adopted by the City Council this 9th day of November, 2016. Attest: Catherine Pausche, Clerk Zq 3i -I 15 Mayor Mark Wegscheid AGREEMENT FOR LEGAL SERVICES This Agreement, entered into between the CITY OF MOUND, a Minnesota municipal corporation (City) and the law firm of KENNEDY & GRAVEN, CHARTERED (City Attorney) as of this 1:t day of January, 2017, provides as follows: SECTION 1. Background: Findinss. 1.01. Authority. The City Council designates a City Attorney to serve as the legal adviser to the Council and the City Manager pursuant to Section 2-89 of the City Code. 1.02. Council Determination. At a duly called regular meeting of the City Council held on October 25, 2016, the City Council determined that the firm of Kennedy & Graven, Chartered be engaged as City Attorney, with Troy J. Gilchrist of that firm serving as primary legal counsel for the City and directed the Mayor and City Manager to execute an agreement between the firm and the City setting forth the terms and conditions of the engagement. SECTION 2. Terms and Conditions. 2.01. Consideration. In consideration of the mutual promises and conditions contained in this Agreement the City and the City Attorney agree to the terms and conditions set forth herein. 2.02. City Attorney Appointment. The City appoints the firm of Kennedy & Graven, Chartered as City Attorney, with Troy J. Gilchrist as primary legal counsel for the City. 2.03. Usual and Customary Legal Services. The City Attorney agrees to perform all usual and customary legal services for the City in accordance with the terms of this Agreement, including, but not limited to the following: a) Attend City Council meetings and other City board, commission, or committee meetings as requested by the City Council or City Manager; b) Draft ordinances, resolutions, and correspondence as requested; c) Review of all City Council, Planning Commission, and other public meeting agenda packets and minutes and provide email comments and suggestions regarding the same; d) Participate in meetings and telephone conversations with and advising Mayor, Council Members, City Manager, Department Managers, and designated individuals on general legal matters; e) Review of municipal contracts, including contracts for public improvements, joint powers agreements, construction, purchase of equipment; f) Represent the City in the acquisition of properties for public projects; g) Represent the City in condemnation proceedings for public projects; h) Represent the City in matters related to the enforcement of city building, housing and zoning codes; i) Represent and advise the City in employment related issues, administrative -2735- 487871v1 TJG MU220-4 hearings, and in litigation involving the same when requested by the City Manager or City Council; j) Research and submit legal options on municipal or other legal matters requested by City Council or City Manager; k) Provide legal briefings to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities when requested by the City Council or City Manager; 1) Defend the City in all litigation, except in those cases where insurance companies are required to exclusively provide defense, including, but not limited to: (1) human rights claims; (2) zoning and land use regulation matters; and (3) permits and administrative actions; m) Review public improvement contracts; and n) Respond to City staff and City Council inquiries. 2.04. Compensation for Legal Services. Except as provided in Section 2.08, the City agrees to compensate the City Attorney for providing legal services at the hourly rates for services indicated below: For 2017 (same as 2016): a) For all attorneys in general municipal matters not covered below: $145/hr. b) For all attorneys in litigation and administrative proceedings: $175/hr. C) For all attorneys in real estate and economic development matters in which costs are not passed through to the developer or applicant: $180/hr. d) For all attorneys in real estate and economic development matters in which costs are passed through to the developer or applicant: $195/hr. e) For all attorneys in specialized matters, such as telecommunications: $170/hr. f) For all law clerks in matters (a) through (e): $80/hr. g) For all paralegals in matters (a) through (e): $90/hr. For 2018: a) A $5.00 increase to each of the hourly rates listed above. For 2019: a) The same hourly rates as in 2018. 2.05. Compensation for Expenses. The City will compensate the City Attorney for the following actual and necessary expenses incurred by the City Attorney on behalf of the City: The fmn will bill its out-of-pocket costs for such things as postage, long distance telephone calls, -2736- 487871vl TJG MU220-4 photocopying, filing fees and witness fees, and similar items. Photocopying: Mileage: Westlaw or Lexis fees: Other charges such as: Messenger service Postage Filing fees $.10 per page IRS -approved reimbursement rate Actual cost charged Actual cost charged The monthly billing statements provide detail for all fees and costs. Travel time and mileage to attend meetings at City Hall or the Centennial Building will be provided without charge to the City. Travel time and mileage to meetings at locations other than City Hall or the Centennial Building will be billed from our Minneapolis office. 2.06. Billing Statements. Billings by the City Attorney to the City for services will be on a monthly basis, except as may otherwise be agreed upon by the parties. The billing statement shall be of sufficient detail to adequately inform the City concerning the tasks performed, the attorney or staff performing them, the time spent on each task and the nature and extent of costs and disbursements. The statement shall also contain a summary that shows the total time spent for each category and the total fees, charges and disbursements for each category. 2.07. Term of Agreement. The term of this Agreement shall be for three years and shall continue until renewed by mutual agreement of the parties or unless terminated by either party as provided herein. 2.08. Other Services. (a) The firm of Kennedy & Graven, Chartered also acts as counsel to the Mound Housing and Redevelopment Authority. These services are not part of this Agreement. (b) The firm of Kennedy & Graven, Chartered will act as approving bond counsel for the City if so requested by the City. These services are not part of this Agreement, but may be made such by mutual agreement of the parties. In the event such services are desired by the City, fees for these services will be those usual and customarily charged by the firm of Kennedy & Graven, Chartered. (c) Historically, the City has retained outside counsel for labor matters. The firm of Kennedy & Graven, Chartered will also provide such services if so requested by the City. These labor counsel services are not part of this Agreement, but may be made such by mutual agreement of the parties. In the event such services are desired by the City, fees for these services will be those usual and customarily charged by the firm of Kennedy & Graven, Chartered. 2.09. Primary Legal Counsel. It is the intention of the parties and it is hereby agreed by the City Attorney, that the term "primary legal counsel' as used herein means and refers to Troy J. Gilchrist who will, except in the case of extraordinary circumstances involving disability, unavoidable conflict or other good and substantial reasons, be responsible to the City for the legal services to be provided. 2.10. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and the City Attorney, and supersedes any other written or oral agreements between the City and the City -2737- 48787Ivl TJG MU220-0 Attorney. This Agreement can only be modified in writing signed by the City and the City Attorney. 2.11. Termination. This Agreement may be terminated by the City at any time or by the City Attorney upon 60 days written notice. 2.12. Conflict of Interest. The City Attorney shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict, the City Attorney, with the consent of the City, shall arrange for suitable alternative legal representation. It is the intent of the City Attorney to refrain from handling legal matters for any other person or entity that may pose a conflict of interest. 2.13. Agreement Not Assignable. Except as provided in Paragraph 2.12 of this Agreement relating to conflicts of interest, the rights and obligations created by this Agreement may not be assigned by either party. 2.14. Agreement Not Exclusive. The City retains the right to hire other legal representation for specific legal matters. 2.15. Independent Contractor Status. All services provided by the City Attorney pursuant to this Agreement shall be provided by the City Attorney as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 2.16. Work Products. All records, information, materials and other work products prepared and developed in connection with the provision of services pursuant to this Agreement shall become the property of the City. 2.17. Insurance and Indemnification. City Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of this Agreement. The value of the policy shall not be less than the cap for municipal tort liability as established by Minnesota Statutes. City Attorney further agrees to defend, indemnify, and hold harmless the City, its agents and employees against all causes of actions against the City or any of its agents or employees that arise from or as a result of the City Attorney's negligent actions or advice under the terms of this Agreement. 2.18. Data Practices Act Compliance. Data provided to the City Attorney under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. -27-38- 487871v1 TJG MU2204 2.19. Choices of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their proper officers and representatives as of the day and year first above written. 67 In 0 CITY OF MOUND, MINNESOTA Mark Wegscheid Its Mayor Eric Hoversten Its City Manager KENNEDY & GRAVEN, CHARTERED Troy J. Gilchrist City Attorney -2739- 487871x1 T7G MU220-4 CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION TO APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HOISINGTON KOEGLER GROUP INC. WHEREAS, Chapter 129 of the Mound City Code, Zoning, exists, in part, to promote orderly development of the residential, commercial, industrial, recreational, and public areas; and Hoisington Koegler Group Inc. (HKGI) has provided consultant planning services to the City of Mound for well over twenty years; and WHEREAS, HKGI is well established with a good reputation and the necessary skills to provide planning consultant services to the City of Mound; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby approves the professional services agreement and authorizes the Mayor and City Manager to execute the professional services agreement with Hoisington Koegler Group Inc. to provide consultant planning services as shown in Exhibit A and made a part herein. Adopted by the City Council this 9th day of November, 2016. Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk 273`l $-, PROFESSIONAL SERVICES AGREEMENT BETWEEN: City of Mound AND: Hoisington Koegler Group Inc. EFFECTIVE DATE: January 1, 2017 This Agreement is made this —day of , 2016, by and between the City of Mound, a Minnesota municipal corporation, hereafter referred to as the "City", and Hoisington Koegler Group Inc., a Minnesota corporation, hereafter referred to as the "Consultant". RECITALS A. Consultant is engaged in the business of providing professional planning services to municipalities. B. City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions set forth herein. AGREEMENT 1. Services to be Provided. Consultant agrees to provide City with planning services as set forth in Consultant's Scope of Work attached hereto as Exhibit A and/or any supplemental letter agreements entered into between the City and Consultant (the "Work"). The services referenced in the attached Exhibit A or any supplemental letter agreements shall be incorporated into this Agreement by reference. All Work shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Time for Completion. This Agreement shall remain in force and effect commencing from January 1, 2017 to December 31, 2019 unless terminated by either party or amended pursuant to the Agreement. 3. Consideration. The consideration, which City shall pay to Consultant, for both the Work performed by Consultant and the expenses incurred by Consultant in performing the Work, shall be as set forth in Exhibit A and incorporated herein to the Agreement. City shall make progress payments, based on monthly invoices from Consultant. City's payment shall be made within 30 days after Consultant's statement. Consultant's statement shall contain a detailed list of project labor and hours, rates, titles, and amounts undertaken by the Consultant during that billing period. Consultant shall cap increases in rates to $5/hour for 2017 with no increases in 2018 or 2019. The 2016 Rate Schedule is shown in Exhibit B. -2740- 470848v1 MUM MU220-2 4. Expense Reimbursement. The Consultant will not be compensated separately for necessary incidental expenses for, such as, but not limited to, office space, administration, lodging, food, telephone, internet, photocopies, faxes, and computer. All expenses of the Consultant shall be built into the Consultant's fixed compensation rates, unless reimbursement for an expense received the prior written approval of the City, which approval may be provided via electronic mail. 5. Approvals. The Consultant will secure the City's written approval before making any expenditures, purchases, or commitments on the City's behalf or before releasing any material to the media. The City's approval may be provided via electronic mail. 6. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time. b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days written notice to the City. C. The City may terminate this Agreement at any time at its option, for any reason, or no reason at all. d. City may terminate this Agreement immediately upon Consultant's failure to have in force any insurance required by this Agreement. In the event of a termination, City shall pay Consultant for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in writing signed by both parties. 8. Remedies. a. In the event of a termination of this Agreement by City because of a breach by Consultant, City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. b. The foregoing remedies provided to City for breach of this Agreement by Consultant shall not be exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant's breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, the Consultant agrees that the books, records, documents, and accounting procedures and practices of the Consultant, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. The Consultant shall maintain such records for a minimum of six years after final payment. -2741- 2 10. Indemnification. To the fullest extent permitted by law, the Consultant, and the Consultant's successors or assigns, agree to protect, defend, save, and hold harmless the City, its officers, agents, and employees from all claims, suits, or actions of any kind, nature, or character, and the costs, disbursements; and expenses of defending the same, including but not limited to, attorneys' fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of the negligence, breach of contract or willful misconduct of Consultant or its subcontractors, agents, or employees under this Agreement or arising out of the failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations will survive the completion or termination of this Agreement. 11. Insurance. Consultant will maintain insurance coverage for: Worker's Compensation (statutory limits), General Liability, Automobile Liability, Professional Liability, and Excess or Umbrella Liability in an amount of not less than $1,500,000.00 (one million five hundred thousand dollars and no/100) per occurrence, and will provide information as to specific limits upon receipt of signed Agreement. Consultant shall provide City with a current certificate of liability insurance for all insurance coverage referenced above. Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless thirty (30) days written notice is provided to the City, or ten (10) days written notice in the case of non-payment. 12. Subcontracting. Neither the City nor the Consultant shall assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of services hereunder. 13. Assignment. Neither City nor Consultant shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other parry's prior written consent. Any assignment in violation of this provision is null and void. 14. Independent Contractor. Consultant shall be deemed an independent contractor. Consultant's duties will be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by Consultant; however, the nature of the services and the results to be achieved shall be specified by City. Consultant is not to be deemed an employee or agent of City and has no authority to make any binding commitments or obligations on behalf of City except to the extent expressly provided -2742- 3 herein. All services provided by the Consultant pursuant to this Agreement shall be provided by the Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 15. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the applicable services detailed in Exhibit A or any supplemental letter agreement. 16. Notices. Any notices permitted or required by this Agreement shall be .deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Consultant: Hoisington Koegler Group, Inc., 123 North Third Street, Suite 100, Minneapolis, MN 55401; Attn: Brad Scheib, Principal City: City of Mound, 2415 Wilshire Blvd, Mound, MN 55364; Attn: City Manager; or such other address as either party may provide to the other by notice given in accordance with this provision. 17. Attorney Fees. In the event of any action to enforce or interpret this Agreement, the prevailing parry shall be entitled to recover from the losing party reasonable attorney fees incurred in the proceeding, as set by the court, at trial, on appeal or upon review. 18. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and the Consultant, and supersedes any other written or oral agreements between the City and the Consultant. This Agreement can only be modified in writing signed by the City and the Consultant. 19. Third Party Rights. The parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 20. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 21. Conflict of Interest. The Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Consultant shall advise the City and either secure a waiver of the conflict or advise the City that it will be unable to provide the requested services. -2743- 4 22. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of services pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by the Consultant. 23. Agreement Not Exclusive. The City retains the right to hire other planning service providers for other matters, in the City's sole discretion. 24. Data Practices Act Compliance. Any and all data provided to the Consultant, received from the Consultant, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. This paragraph does not create a duty on the part of the Consultant to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. 25. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. 26. Authorized Agents. The City's authorized agent for purposes of administration of this contract is the Community Development Director of the City, or its designee. The Consultant's authorized agent for purposes of administration of this contract is Rita Trapp, and all Work shall be performed by or under its supervision. 27. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 28. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the City and the Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. -2744- 5 City of Mound By: By: Its: Its: Date: Date: Hoisington Koegler Group Inc. By: By: Its: Its: Date: Date: -2745- 6 EXHIBIT A SCOPE OF WORK 1) Response to general question and inquiries 2) Review of building permit and land use applications 3) Preparation of meeting materials related to the processing of land use applications 4) Attendance at Planning Commission and City Council meetings 5) Attendance at meetings with City Staff, applicants, and/or agencies related to the processing of building permit and land use applications 6) Studies and updates to the City Code 7) Amendments to the Comprehensive Plan 8) Other tasks as assigned by City Staff -2746- 470848v1 MJM MU220-2 EXHIBTT B HOISINGTON KOEGLER GROUP INC. 2016 HOURLY RATES Principal....................................................... $170-225/hr Associate...................................................... $115-165/hr Senior Professional ....................................... $90-165/hr Professional II ................................................ $ 80-105/hr Professional I .................................................. $50-85/hr Technical.......................................................... $40-65/hr Secretarial............................................................. $60/hr Litigation Services .............................................. $200/hr Testimony........................................................... $285/hr Incidental Expenses: Mileage............................ Photocopying BW............ Photocopying Color......... Outside Printing ............... Large Format Scanning.... B/W Bond Plots ............... Color Bond Plots .............. Photo Paper Color Plots... ......current federal rate/mile ..............................150/page ........................... $1.00/page ..........................Actual Cost ..........................Actual Cost ........................... $5.00 each ......................... $20.00 each ......................... $40.00 each -2747-A CITY OF MOUND RESOLUTION NO. 16 -- RESOLUTION TO AUTHORIZE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WHEREAS, the City provides services and construction projects that require professional engineering and surveying services; and WHEREAS, the City has contracted with Bolton & Menk, Inc. for professional engineering services since 2006; and WHEREAS, Bolton & Menk is well established with a good reputation and the necessary skills to provide professional engineering services; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby authorizes the Mayor and City Manager to enter into a contract agreement with Bolton & Menk, Inc., for professional engineering services as shown in Attachment A and made a part herein. Adopted by the'City Council this gch day of November, 2016. Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk -Zly`18- AGREEMENT FOR PROFESSIONAL SERVICES CONSULTING CITY ENGINEERING SERVICES CITY OF MOUND, MINNESOTA This Agreement, made this the _ day of 2016, by and between the City of Mound, Minnesota, 2415 Wilshire Boulevard, 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. 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. -274@_ 11 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 2017 Billing Schedules included below. B. HOURLY BILLING SCHEDULES 2017 Hourly Billing Schedule For Key Mound Staff Dan Faulkner, P.E. - Consultant City Engineer .......................$ 156 $ 65 Brian Simmons, P.E. - Assistant Consultant City Engineer .....$ 128 $ 55 Primary Resident Project Representative (RPR)*** ................$ 108 $ 55 Edward Rock, R.L.S. —Primary Surveyor ................................$ 132 Robert Bean, P.E. - Water Resources Engineer .......................$ 116 Matt Bauman, P.E. - Design Engineer ......................................$ 115 * Any modifications to the list of Key Individuals prior to the end of contract period shall be approved by the CLIENT. These rates are $2 - $4 higher than 2016, with the exception of Matt Bauman who replaced Josh Eckstein and makes $9 less than Josh. ** Special rate applies to non -project related general, non -project related city engineering services: Dan Faulkner, P.E. — first 20 hours per month Brian Simmons, P.E. — first 10 hours per month Primary RPR — first 10 hours per month * * * The CLIENT must approve the Primary RPR to be used by the CONSULTANT. -2749: 11 2017 Hourly Billing Schedule For General Staff Senior Principal Engineer/Surveyor.........................................................$170-240/Hour Senior Project Manager — Principal Engineer/Surveyor ........................... $127-180/Hour Senior Transportation/AviationPlanner...................................................$125-175/Hour Project Manager (Includes Landscape Architect/GIS) .............................$106-170/Hour Project/Design Engineer/Planner/Landscape Architect ............................ $52-170/Hour Licensed Surveyor (Includes Licensed Project Surveyors/Manager) ....... $94-165/Hour ProjectSurveyor.......................................................................................$82-130/Hour Specialist (Natural Resources/GIS/Traffic/Graphics/Other) .................... $47-140/Hour Senior Technician (Includes Survey)........................................................ $72-165/Hour Technician(Includes Survey) $33-140/Hour Administrative Support & Clerical...........................................................$29-110/Hour Structural/Electrical/Mechanical/Architect............................................... $120-215/Hour City Council Meetings/Planning Commission Attendance .................$60/Meeting CPS/Robotic Survey Equipment.............................................................. No Charge C91)/Computer Usage.............................................................................. No Charge Routine Offwe Supplies ............................................................................ No Charge No Charge Routine Photocopying/Reproduction....................................................... Field Supplies/Survey Stakes & Equipment ............................................ 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 2017. These rates may be adjusted annually thereafter to account for changed labor costs, inflation or changed overhead conditions but won't exceed a maximum increase of 4%. 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. -27% 11 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 finishing 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 cavy 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 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 -2751; 11 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 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 -27§?O: 11 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. J. PERIOD OF AGREEMENT This Agreement will remain in effect for a period of three (3) years 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. In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination, computed in accordance with Section III of this Agreement. M. CONTINGENT FEE The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this 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 -27§qq 11 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 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 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. -27§4,11 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. -275o`(,i 11 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 By: Printed Name Title: Date: Attest: Printed Name: Title: Date: CONSULTANT: Bolton &yMenk, Inc. By. Printed Name: Krea J. Schmidt Title: Vice President Date: October 24, 2016 Attest: Printed Name: Daniel L. Faulkner Title: Senior Project Manager Date: October 24, 2016 -27§§: l l EXHIBIT I CONSULTING CITY ENGINEERING SERVICES CITY OF MOUND, MINNESOTA In accordance with the Request for Proposals dated October 14, 2005, the CONSULTANT will furnish the following Consulting City Engineering Services, as requested and authorized by the CLIENT: A. General and Project Management • Assist in planning, coordinating, supervising and evaluating programs, plans, services, equipment and infrastructure • Develop and recommend policies and procedures for effective operation of the department consistent with city policies and relevant laws, rules and regulations and ensures council actions are implemented. • Evaluate public works needs and formulates short and long range plans to meet needs in all areas of public works improvements, including but not limited to streets, water, sewer, storm drainage, street lights, parks and buildings • Direct engineering activities on projects and oversees project management for the construction of the municipal public works projects • Ensure that costs and fees are charged back to development projects; work with the Finance Director to monitor charges and revenues associated with development projects • Assist with the preparation of annual engineering budget and monitors expenditures B. Construction Services (Public and Private Projects) • Plan and review construction projects and specifications • Monitor the construction process for compliance with codes, regulations, standards and with approved plans; assure financial accountability of private projects as they relate to escrows and letters of credit. Provide advice to the City during performance of construction projects and shall give consideration and advice to the City during the performance of services • Prepare and review construction plans • Review bids and prepare bid tabulations • Perform construction staking and surveying C. Preparation of Engineering Reports and Technical Correspondence • Determine the need for preliminary studies, reviews all preliminary studies for compliance with ordinances, comprehensive plans, engineering standards and financial guidelines including: • Feasibility reports • Construction inspection • Assist with assessment rolls • Plat review • Utility studies ■ Traffic studies • State aid reports -27§7-11 • 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 -27§$;#ii CITY OF MOUND RESOLUTION NO. 16 -- RESOLUTION TO AUTHORIZE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACT AGREEMENT WITH MNSPECT FOR INSPECTION SERVICES WHEREAS, Chapter 105 of the Mound City Code, Building and Building Regulations, exists in part to promote the orderly development of the residential, commercial, industrial, recreational, and public areas; and WHEREAS, the City is the responsible authority for issuing building permits and ensuring compliance with the official city code; and WHEREAS, the City has contracted with MNSPECT since 2005 for building inspection services; and WHEREAS, MNSPECT is well established with a good reputation and the necessary skills to conduct inspections; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby authorizes the Mayor and City Manager to enter into a contract with MNSPECT for inspection services as shown in Exhibit A made a part herein. Adopted by the City Council this 9th day of November, 2016. Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk AGREEMENT AND CONTRACT FOR INSPECTION SERVICES THIS AGREEMENT is made and entered into this day of November, 2016, by and between the City of Mound, Minnesota ("Municipality") and MNSPECT, LLC, a Minnesota Limited Liability Company ('Inspector'). WITNESSETH: WHEREAS, the City is desirous of contracting with Inspector for the performance of various services within the City of Mound to include: o Building Inspections (See section A for specifics) F"— -Mgr Mayor MNSPECT p Electrical Inspections (See section B for specifics)_ City Mgr Mayor MNSPECT o Plumbing Plan Review (See section C for specifics)_ _ City Mgr Mayor MNSPECT o Fire Inspections (See section D for specifics)Fire Chf City Mgr Mayor MNSPECT and WHEREAS, Inspector is agreeable to rendering services on the terms and conditions hereinafter set forth. NOW, THEREFORE, the parties hereto agree to general terms as follows and to the specific terms as set forth in the indicated appendices: Files and Records. All completed files and all official copies of correspondence, inspection reports, plans and other matters connected with the file shall be maintained at the City offices. All such files the Inspector may desire for its own records shall be maintained outside the City offices. Files and records created in connection with the contract agreement shall be subject to the provisions of the Minnesota Data Practices Act. 2. Independent Contractor. It is acknowledged by and between the parties hereto that the Inspector is an independent contractor contracting with the Municipality to perform the services as provided in this agreement. -2759- 1 A. Non -Employee Status Personnel assigned to perform the Services to be provided by Inspector pursuant to this agreement shall be officers, employees, or sub- contractors of Inspector. Inspector assumes full responsibility for the actions of such personnel while performing services pursuant to this Agreement, and shall be solely responsible for their supervision, daily direction and control, provision of employment benefits and payment of salary (workers' compensation insurance, salary, retirement contributions, withholding tax, health insurance, and unemployment insurance). The Municipality shall not be responsible to furnish any benefits to such personnel. B. Administrative Responsibility The daily administration of the Inspector services rendered to the Municipality shall be under the sole direction of the Inspector. The degree of services rendered, the standard of performance, and other matters relating to regulations and policies shall be under joint control of the Municipality and the Inspector, and shall be further defined in a separate standards of service agreement. Headquarters for the services rendered to the Municipality under this agreement shall be located at the Municipality offices. The Inspector shall submit to the Municipality a regular report of services rendered and charges due, as well as periodic suggestions regarding other matters relating to the inspection services. C. Insurance 1. Auto Insurance — Inspector, in carrying out its obligation under this agreement, shall supply, upon the request of the Municipality, a Certificate of Insurance for owned, hired, and non -owned auto usage coverage for liability in the amounts of $1,000,000 single limit, per occurrence. 2. Professional Liability Insurance - The Inspector shall provide the Municipality upon request with copies of Professional Liability Errors and Omissions Insurance in an amount of at least $500,000 covering all personnel employed by Inspector in capacity of acting as an Agent of the municipality. 3. General Liability Insurance — The Inspector shall provide the City, upon request, with copies of General Liability Insurance in an amount of at least $1,000,000 covering all personnel employed by Inspector in capacity of acting as an Agent of the Municipality. The City of Mound shall be named as an additional insured with respect to their interest in products and services provided by MNPSECT. MNSPECT waives their right to subrogation in favor of the certificate holder. -2760- 2 4. Workers' Compensation Insurance — The Inspector shall provide its employees with workers' compensation coverage conforming with State minimum requirements. The Inspector shall provide the Municipality with copies of Certificate of Liability Insurance. D. Continuing Education and Certification The Inspector shall be responsible for maintenance of required or appropriate certification and continuing education as Inspector under the laws of the State of Minnesota and shall be responsible for supplying any and all technical manuals and reference materials. E. Communications Equipment, and Supplies. The Inspector shall provide, at its sole expense, all necessary equipment, vehicles and supplies to carry out its obligations under this agreement. 3. Violations and Penalties. Any Code violations occurring within the Municipality may be charged in accordance with the ordinances of the Municipality and shall be subject to the penalties provided therein. Prosecution of such violations shall be by the Prosecuting Attorney of the Municipality. All costs and expenses incurred by said prosecution shall be paid by the Municipality. (Decisions to prosecute are made by the Municipality and the Inspector). 4. Effective Date of Service. The effective date of service to which the terms of this agreement shall apply shall be on the 1st day of January, 2017. Termination of Agreement. This agreement shall remain in force and effect from the effective date of service until the 31st day of December, 2017, or until cancelled by either party for Cause. "Cause" for purposes of this Agreement, shall be deemed to occur if either party to this Agreement should materially breach any material provision herein. In such case, the non -breaching party may notify the breaching party in writing specifying the respect in which such party has breached the Agreement. In the event that such breach is not remedied thirty (30) calendar days after delivery of the above notice, the non -breaching party may, by written notice to the breaching party, terminate the Agreement, effective immediately. Breach of an obligation with respect to a party shall be deemed to include both a single instance of a serious failure to perform one of its duties hereunder, as well as a continual, general lack of performance of its duties hereunder. 6. Normal Business Hours. Normal business hours are defined as: 8:00 a.m. to 4:30 p.m., Monday through Friday, generally excluding Federal holidays except Columbus Day. A list of -2761- 3 holidays observed will be provided to the City each year. for the following year, by November 15t 7 Payment for Services. A. Billings for all services as defined in Costs to Municipality for Services sections in each appendix shall be considered payment for all services rendered during that billing period. Although billings may be calculated based on specific permits, payments are for services provided during that billing period. B. Any payments received by Inspector for contracted services as a result of eCommerce or Internet transactions or electrical permits shall be accounted for, allocated by contract specifications, and amounts due to Municipality shall be netted against current billing. C. Municipality shall remit payment to Inspector within twenty (20) days of filing a Report or Billing. , Parties acknowledge that they are subject to the provisions of Minnesota Statute 471.425, regarding prompt payment to vendors. 8. Assignment. Inspector may not assign this agreement without the prior written consent of the Municipality. 9. Staff Each of the parties hereto agrees that while Inspector is performing services under this Agreement and for a period of twelve (12) months following the performance of such services or the termination of this Agreement, whichever is later, neither party will, except with the other party's written approval, solicit or offer employment as an employee, inspector, independent contractor, or in any other capacity to the other party's employees or staff engaged in any efforts under this Agreement without the prior written consent of the other party. 10. Hold Harmless and Indemnification. Inspector shall hold harmless and indemnify the Municipality from any and all claims of any nature brought by others injured or damaged by the actions of the Inspector, its officers, employees, or agents. This agreement to hold harmless and indemnify shall not apply to any claim arising out of a situation where the Inspector has previously notified the Municipality in writing of a failure by an owner or permittee to comply with the appropriate Code and the Municipality fails to enforce that Code or arising out of a situation involving an existing or future platted lot with corrected soils, filled soils or a building pad. -2762- 4 11. Entire Agreement. This agreement, and its designated sections, contains the entire agreement between the parties and supersedes any and all agreement, written or oral, express or implied, pertaining to its subject matter. It may be changed only by written instrument signed by both parties. 12. Choice of Law. This agreement shall be governed and construed in accordance with the State of Minnesota Law. 13. Representation of Authority. The undersigned executing this agreement for MNSPECT represents and warrants that he has been duly authorized to execute this agreement on behalf of MNSPECT, by the company's Board of Governors and that this agreement shall bind the corporation to the terms and obligations contained herein. 14. Appeals. MN Rule 1300.0230 provides a mechanism for persons aggrieved by an order, decision, or determination of the Building Official to appeal. The Municipality does not have an appeals board. Therefore, any appeals will be heard by the State appeals board IN WITNESS THEREOF, the parties have executed this agreement in duplicate this day of November, 2016. CITY OF MOUND MNSPECT, LLC By By Mark Wegscheid Scott Qualle Mayor, City of Mound President M - Catherine Pauche City Clerk -2763- 5 Section A AGREEMENT AND CONTRACT FOR BUILDING INSPECTION SERVICES NOW, THEREFORE, the parties hereto agree as follows: Level of Inspection Services ("Services"). Inspector will provide inspection services for the Municipality on the following terms and conditions: A. Render required enforcement and administration of Municipality's currently adopted Minnesota State Building Code regulations and represent the Municipality as its Inspector. B. Enforce the MN State Fire Code as it relates to projects requiring Building Permits. C. Render to the Municipality inspection services related to and enforcement of the Minnesota Plumbing Code regulations, Minnesota Statute 326.38. D. Provide such other services as specified in this agreement. 2. Adoption of Building Codes. The Minnesota State Building Code, established pursuant to Minnesota Statutes 32613.101 — 326B.194, has been adopted as the Building Code for the City of Mound. The City of Mound will use the current Minnesota State Building Code and other chapters of Minnesota Rules and enforcement and administration provisions. All regulations adopted by the City as set forth in Paragraphs 1 and 2 of this agreement shall be referred to hereinafter as "Building Code", and shall be enforced by the Inspector. The Inspector shall inform the Municipality whenever the Municipal Code of Mound should be revised to include new or revised code additions. 3. Administrative Procedures. This section is set forth to clarify the responsibilities of the City and Inspector and to establish procedures for issuing permits and performing inspection services. A. Responsibility of the Municipality: Direct the administration of all zoning requirements and inform Inspector in writing what requirements are needed to be enforced by the Inspector. -2764- 6 2. Administer all contractor licensing required if required by the Municipality. 3. Issue all permits and collect local permit fees and state or regional charges. 4. Keep permanent records on file and provide data or comply with any State agency reporting requirements. 5. Complete all periodic reports and government surreys. 6. Prosecute all violations, as it deems necessary and appropriate. 7. Provide Inspector with access to the Municipality offices during regular business hours of the Municipality including access to telephones, copy machine, etc., for the Municipality Building Code purposes only. 8. Issue certificates of occupancy, signed by Inspector. B. Responsibility of Inspector: 1. Perform all pre -construction building and site plan reviews for compliance with Building Codes. 2. Perform all on-site construction inspections required for Building Code enforcement. 3. Provide building and plumbing inspection reports and other information for the permanent records kept by the Municipality. 4. Assist in maintaining the building files kept by the Municipality. 5. Assist in all Building Code prosecutions with the Inspector's time and records. 6. Provide general building and plumbing code information to the citizens of Mound required by the Municipality. 7. Inspect hazardous buildings, inspect buildings to be moved into the Municipality prior to such action, and inspect Municipality Buildings (at the Municipality's request). 8. Participate in issuance of Certificates of Occupancy. 9. Recommend updating of Building Code ordinances. 10. Review and recommend fee schedule changes. 11. Provide, review and recommend changes in building, plumbing and mechanical permit forms. 12. Represent Municipality as its Inspector within the limits of the Minnesota State Building Code. 13. Serve as authority to administer and enforce the Building Code, and Plumbing Code, and assist with Zoning Ordinance when so requested in written form. 14. Provide the Municipality with timely reports as reasonably requested by the Municipality which include, but are not limited to: a monthly summary of the number of permits issued the estimated cost of the construction, and the amount of the fee. Within thirty (30) days after each calendar year ending, during the terms of this contract, the Inspector shall prepare an annual report containing the same information as the monthly reports. 15. Analyze trends in construction design and techniques, highlight problem areas with recommendation of solutions, and provide recommendations for process and/or policy changes. -2765- 7 16. Assist Fire Chief on City ordinance and Building Code related issues. 17. Upon submission of a complete residential building application, the Inspector shall process his portion of the building permit within ten (10) working days, excluding weekends and holidays. 18. Calculate building permit fees for building permits. 19. Act as Code Official for Property Maintenance Code Enforcement, per Resolution 09-14. C. Procedure for Building Code Administration: 1. The Inspector reviews the building construction plans and site plans for conformance with the Building Code and applicable City ordinances, and approves, modifies, or rejects same. 2. The Municipality upon approval of the plans by the Inspector and consistent with all local requirements, issues the required permit, collects the local state, and regional fees, and notifies the Inspector of any other pertinent information. 3. The Inspector shall perform all required inspections and notify the Municipality of any violations and final completion; the Inspector is required to perform inspections based on the process as outlined in Exhibit A. 4. The Inspector approves, and City Staff issues the Certificate of Occupancy upon final approval and when consistent with all local requirements. 4. Building Official to be Officer of the Municipality of Mound. The Designated Building Official (Inspector) shall be provided specific authority to administer and endorse the Building Code as provided by this agreement. Such authority shall be granted by proper action of the City Council. 5. Cost to Municipality for Services. The Municipality shall pay to the Inspector for services under this contract the following: A. The Inspector shall be paid fifty percent (50%) of the building permit fee as found in the Municipality's fee schedule, for residential, performed under the International Residential Code. B. The Inspector shall be paid fifty percent (50%) of the building permit fee as found in the Municipality's fee schedule, for commercial, performed under the International Building Code. C. The Inspector shall be paid fifty percent (50%) of all special investigation fees and one hundred percent (100%) of all reinspection fees. D. The Inspector shall be paid in the following manner for plan review. Plan Review fees are sixty-five percent (65%) of permit fee. -2766- 8 E. The Inspector shall receive fifty percent (50%) of the Plan Review fee received for all building plans reviewed under the International Residential Code. F. The Inspector shall receive fifty percent (50%) of the Plan Review fee received for all building plans reviewed under the International Building Code. G. The Inspector shall receive fifty percent (50%) of all accessory and general permit fees, i.e. plumbing, mechanical, etc. H The Inspector shall receive $50.00 for each maintenance permit issued. The Inspector shall receive 100% of fees for Items on the "other inspection and fees' section of the building code fee schedule. J. Payments made by the City to the Building Official pursuant to Sections A - C above shall be for services included under "Required Services" in Exhibit A of this agreement. K. Services other than those listed in 12A — G above, shall be considered as "Additional Services" in Exhibit A of this agreement. Fees for those services shall be billed and paid according to the fee schedule as adopted by the Municipality. Inspector shall make every attempt, where appropriate, (penalty fees, re -inspection fees, etc.) to recover fees from applicant on behalf of the Municipality. L. The Municipality shall pay the Inspector for services performed at the request of the Municipality other than as provided in Section 3B and 12A — J above, at a rate of $60.00 per hour for time spent. Time spent pursuant to this paragraph shall exclude City Council meetings, but may include such matters as preparation and time spent in connection with the prosecution of any violations for the Building Code Ordinance or other ordinances of the Municipality. The Inspector shall submit logs with any such statements for services rendered under this subsection. No charges for services at an hourly rate may be made unless there has been prior direction to the Inspector by the City Manager. M. Municipality shall pay $75.00 per seat for their access to the permitting software provided by Inspector. -2767- 9 Additional Services (additional fee may apply) 1. Pre -Construction meetings 2. Complaint Investigations 3. Re -inspections - verify corrections 4. Stop Work orders 5. Unannounced or routine inspections 6. Verify compacted fill placement under structure 7. Partial completion inspections 8. Additional rough -in inspections 9. "Pre -Final' inspections 10. Partial plumbing - winter underground inspections 11. Move in or unsafe building inspections 12. Contractor neglects to cancel inspections -2768- 10 EXHIBIT A BUILDING INSPECTION PROCESS Required Services (Included in Building Permit Fees) Residential Buildings Commercial Buildings (one inspection per item) (possible multiple inspections per item) 1. Plans Examination 1. Plans Examination 2. Pre -Construction site inspection 2. Pre -Construction site inspection (before release of building permit) (before release of building permit) 3. Footing 3. Footing 4. Poured wall or wood foundation 4. Poured wall or wood foundation 5. Vapor Barrier 5. Framing 6. Framing 6. Plumbing - rough in (1 inspection) 7. Plumbing - rough in 7. Insulation 8. Septic inspection (if applicable) 8. Gypsum wall board 9. Insulation 9. Fire resistive assemblies 10. Gypsum wall board (optional) 10. Fire caulking 11. Gas line pressure test 11. Rough -in fire suppression systems 12. Heat/mechanical - rough in 12. Final fire suppression systems 13. Heat/mechanical - final 13. Fire alarm systems 14. Final plumbing and sump pump 14. Gas line pressure test 15. Final building 15. Heat/mechanical - rough -in 16. Authorize Certificate of Occupancy 16. Heat/mechanical - final 17. Final plumbing and sump pump 18. Final building 19. Authorize Certificate of Occupancy Additional Services (additional fee may apply) 1. Pre -Construction meetings 2. Complaint Investigations 3. Re -inspections - verify corrections 4. Stop Work orders 5. Unannounced or routine inspections 6. Verify compacted fill placement under structure 7. Partial completion inspections 8. Additional rough -in inspections 9. "Pre -Final' inspections 10. Partial plumbing - winter underground inspections 11. Move in or unsafe building inspections 12. Contractor neglects to cancel inspections -2768- 10 Section B AGREEMENT AND CONTRACT FOR ELECTRICAL INSPECTION SERVICES NOW, THEREFORE, the parties hereto agree to specific terms as follows: 1. Level of Inspection Services ('Services"). Inspector will provide Electrical Inspection services for the City of Mound on the following terms and conditions: A. Render required enforcement and administration of the currently adopted State Electrical Code and represent the City as its Electrical Inspector. B. Provide such other services as may be agreed to by the parties. 2. Adoption of Electrical Codes. The National Electrical Code, has been adopted by reference as the Electrical Code for the City of Mound. All regulations adopted by the City as set forth in Paragraphs 1 and 2 of this agreement shall be referred to hereinafter as "Electrical Code" and shall be enforced by the Electrical Inspector. The Inspector shall inform the City whenever the Municipal Code of Mound should be revised to include new or revised code additions. 3. Administrative Procedures. This section is set forth to clarify the responsibilities of the Municipality and Inspector and to establish procedures for performing Electrical Inspection services. A. Responsibility of the Municipality: 1. Complete all periodic reports and government surveys. 2. Prosecute all violations, as it deems necessary and appropriate. 3. Provide Electrical Inspector with access to the Municipality offices during regular business hours of the Municipality including access to office equipment for the Municipality of Mound Electrical Code inspection purposes only. B. Responsibility of Inspector: 1. Issue all permits and collect local permit fees. -2769- 11 2. Perform all on-site inspections required for Electrical Code enforcement. 3. Provide inspection reports and other information for the permanent records kept by the Municipality. 4. Assist in all Electrical Code violation prosecutions with the Electrical Inspector's time and records. 5. Provide general Electrical Code information to the citizens of Mound as required by the Municipality. 6. Inspect hazardous electrical conditions as requested by the Municipality. 7. Recommend updating of Electrical Code ordinance which is currently under the Building Code ordinance 545. 8. Review and recommend Electrical Inspection Fee Schedule. 9. Represent Municipality as its Electrical Inspector within the limits of the National Electrical Code. 10. Serve as authority to administer and enforce the Electrical Code. 11. Provide the Municipality with timely reports as reasonably requested by the Municipality which include, but are not limited to a monthly summary of the inspections performed. 12. Assist the Municipality on ordinance and Electrical Code related issues. 13. Attend City Council Meetings, as requested, to discuss building projects or issues related to the Electrical Inspections Program. 4. Cost to Municipality for Services. A. Inspector shall be paid eighty percent (80%) of all electrical permit fees as found in the Municipality's Fee Schedule. B. The Electrical Plan Review Fee will be calculated at twenty-five percent (25%) of permit fee when required by the Inspector. C. Inspector shall be paid one hundred percent (100%) of all electrical plan review fees for commercial and industrial plans reviewed. -2770- 12 Section C AGREEMENT AND CONTRACT FOR PLUMBING PLAN REVIEW SERVICES NOW, THEREFORE, the parties hereto agree to specific terms as follows: 1. Level of Inspection Services (`Services"). Inspector will provide Plumbing Plan Review services for the Municipality of Mound on the following terms and conditions: A. Render required enforcement and administration of the currently adopted State Plumbing Codes and perform Plumbing Plan Review Services formerly provided by the State Of Minnesota. 2. Adoption of Plumbing Codes. The State Plumbing Code has been adopted by reference as the Plumbing Code for the Municipality of Mound. All regulations adopted by the Municipality as set forth in Paragraphs 1 and 2 of this agreement shall be referred to hereinafter as "Plumbing Code" and shall be enforced by the Inspector. The Inspector shall inform the Municipality whenever the Municipal Code of Mound should be revised to include new or revised code additions. 3. Administrative Procedures. This section is set forth to clarify the responsibilities of the Municipality and Inspector and to establish procedures for performing Plumbing Plan Review Services. A. Responsibility of the Municipality: 1. Issue all permits and collect local permit fees. 2. Complete all periodic reports and government surveys. 3. Prosecute all violations, as it deems necessary and appropriate. B. Responsibility of Inspector: 1. Perform Plumbing Plan Review for all eligible Commercial, Industrial and Multi -Unit Residential projects requiring such review. -2771- 13 2. The Plumbing Inspector reserves the right to pass plans on to the State if such plans represent issues beyond the scope of this contract. The Plumbing Inspector will bill the Municipality for costs incurred for such special instances. 3. Provide review reports and other information for the permanent records kept by the Municipality and to State Department of Labor and Industry. 4. Assist in all Plumbing Code violation prosecutions with the Plumbing Inspector's time and records. 5. Provide general Plumbing Code information to the citizens of Mound as required by the Municipality. 6. Recommend updating of Plumbing Code ordinance. 7. Review and recommend Plumbing Plan Review Fee Schedule. B. Represent Municipality as its Plumbing Inspector within the limits of the State Plumbing Codes. 9. Serve as authority to administer and enforce the Plumbing Code. 10. Provide the Municipality with timely reports as reasonably requested by the Municipality. 11. Assist the Municipality on ordinance and Plumbing Code related issues. 12. Attend City Council Meetings, as requested, to discuss building projects or issues related to the Plumbing Inspections or Plan Review Programs. 4. Cost to Municipality for Services. The Municipality shall pay the Inspector for services under this contract a rate of 100% of fee listed in Municipality's Fee Schedule. -2772- 14 Section D AGREEMENT AND CONTRACT FOR FIRE INSPECTION SERVICES NOW, THEREFORE, the parties hereto agree to specific terms as follows: 3. Level of Inspection Services ("Services"). Inspector will provide fire inspection services for the City of Mound on the following terms and conditions: C. Render required enforcement and administration of Municipality's currently adopted Fire Ordinance including the State Fire Code and represent the Municipality as its Fire Inspector, when requested by Fire Chief. D. Review plans, issue permits, and perform field inspections for fire suppression systems and fire alarm systems when that work is associated with permits for construction, renovation, or other construction activity. E. Provide such other services as may be agreed to by the parties. 4. Adoption of Fire Codes. The Minnesota State Fire Code, established pursuant to Minnesota Statute 299F.011 has been adopted by reference as the Fire Code for the Municipality of Mound. All regulations adopted by the Municipality as set forth in Paragraphs 1 and 2 of this agreement shall be referred to hereinafter as "Fire Code" and shall be enforced by the Fire Inspector. The Inspector shall inform the Municipality whenever the Municipal Code of Mound should be revised to include new or revised code additions. 5. Administrative Procedures. This section is set forth to clarify the responsibilities of the Municipality and Inspector and to establish procedures for performing Fire Inspection services. C. Responsibility of the Municipality/Fire Department: 4. Administer all licensing as required by the Municipality (fireworks, explosives, etc.). 5. Issue all permits and collect local permit fees, state or regional charges. 6. Complete all periodic reports and government surveys. 7. Prosecute all violations, as it deems necessary and appropriate. -2773- 15 8. Provide Fire Inspector with access to the Municipality offices during regular business hours of the Municipality including access to office equipment for the Municipality of Mound Fire Code inspection purposes only. D. Responsibility of Inspector: 14. Perform necessary site plan and construction plan reviews for compliance with Fire Codes. 15. Perform all field inspections required for Fire Code enforcement of fire suppression and alarm systems associated with construction. 16. Provide inspection reports and other information for the permanent records kept by the Municipality. 17. Assist in all Fire Code prosecutions with the Fire Inspector's time and records, when requested. 18. Provide general Fire Code information to the citizens of Mound as required by the Municipality. 19. Inspect hazardous buildings as requested by the Municipality. 20. Recommend updating of Fire Code ordinances. 21. Review and recommend Fire Inspection Fee Schedules. 22. Represent Municipality as its Fire Inspector within the limits of the Minnesota State Fire Code and City Ordinance, when requested by the Fire Chief. 23. Serve as authority to administer and enforce the Fire Code. 24. Provide the Municipality with timely reports as reasonably requested by the Municipality which include, but are not limited to; a monthly summary of the inspections performed. 25. Assist Fire Chief on City Ordinance and Fire Code related issues. 26. Attend City Council Meetings, as requested, to discuss building projects or issues related to the Fire Inspections Program. 4. Cost to Municipality for Services. The Municipality shall pay Inspector as listed in section A for work (plan review and permits) issued and inspected pursuant to item 1 B in this section D. The Municipality shall pay the Inspector for services under this contract a rate of $60.00 per hour for fire inspections and other inspections/services. -2774- 16 2415 Wilshire Boulevard Mound, MN 55364 (952) 472-0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: November 2, 2016 Re: November 9, 2016 City Council Consent Agenda Item -- 33rd Annual Mound Tree Lighting Ceremony Overview. Karen King, on behalf of Westonka Community & Commerce (WCC) has submitted a Public Gathering Permit and Musical Concert Permit application for the 33rd Annual Mound Tree Lighting to be held in the Harbor District/Auditor's Road on Tuesday, November 22, 2016 from 6:00 p.m. to 8:00 p.m. Members are advised that the original date was Thursday, November 17th but was changed as trees are not scheduled for delivery to local suppliers until November 20th. Details about the upcoming event are outlined in the permit application and supporting materials that were submitted by the applicant. Some highlights about the event are summarized below: • The tree lighting will be similar to previous years and will include holiday music by local choirs, horse-drawn hay rides, a bonfire and a visit by Santa and Mrs. Claus. A sound system will be used. WCC will be serving complimentary cookies and cider at the event. River Valley Church will also be providing mini donuts and hot chocolate at the event and will be responsible for obtaining a temporary food license, if needed. • A burn permit application and temporary sign permit application were also submitted and are eligible for administrative approval. As part the City's actions, waiver of all involved local fees for the event is recommended this is a public event for the benefit for the entire community. ■ Expected attendance is 300-400 people. • Approximately 250-200 vehicles are expected for the event with the majority of the parking taking place at the Transit District parking deck. • Auditors Road will be closed for the tree lighting ceremony activities as well as during event set-up and tear down. • One (1) portable restroom will be on premise. Comments. ■ Staff and involved agencies were notified of the special event. The applicant has also been in contact with the Orono Police Department, the Fire Department and the Public Works Department regarding the event including coordination activities and personnel/equipment needs. -2775- A temporary sign permit application was submitted to allow placement of a banner on the decorative fence at Mound Marketplace. They also may be using special event signage. Code Section 119-(i) (6) allows the placement of special event signs subject to the provisions in the City Code which regulates garage sale signs including a five (5) day allowance period. A permit is not required for garage sale/special event signs. Staff contacted Hennepin County Transportation and Three Rivers Park District to inform them of the annual event. Recommendation. Staff recommends approval of the requested Public Gathering Permit and Musical Concert Permit for the 33rd Annual Mound Tree Lighting, subject to the following conditions: 1. Applicant shall be responsible for procurement of all required public agency permits that are needed to hold the event (i.e. Hennepin County Health Department, Three Rivers Park District, etc.) 2. Applicant shall be responsible for obtaining a temporary sign permit. Special event signage shall be subject to the provisions of Code Section 119-(i) (6). Applicant is responsible for removal of all signage following the event. 3. Applicant shall work with the Orono Police Department, the Fire Department and and Public Works Department regarding logistics for the upcoming event including, but not limited to, equipment and personnel needs, site set-up and staging, traffic/pedestrian control and circulation, etc. 4. Amplified music, speakers and PA/sound systems are to be directed in the direction best suited to minimize impact upon neighbors. c Page 2 CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION APPROVING PUBLIC GATHERING PERMIT AND MUSICAL CONCERT PERMIT FOR 2016 ANNUAL MOUND TREE LIGHTING CEREMONY AND WAIVING PERMIT FEES DUE TO PUBLIC PURPOSE OF GATHERING WHEREAS, on December 8, 2015, the City Council of the City of Mound adopted Resolution No. 15-146 to establish its fee schedule for 2016 ("Fee Schedule"); and WHEREAS, the Fee Schedule sets a public gathering permit fee range from $300-600 and the damage deposit range from $500-1000 per day with the actual amounts determined by the City Manager -Public Works Director and Staff upon receipt of the permit application stating the specific use and requirements of the City for the proposed public gathering; and WHEREAS, the Fee Schedule sets a musical concert permit fee at $100 per day, the temporary sign permit fee at $25 and the burn permit fee at $10; and WHEREAS, pursuant to the requirements of Mound City Code, applicant Karen King, on behalf of Westonka Community and Commerce, submitted a public gathering permit and musical concert permit applications for the 33nd annual Mound tree lighting ceremony to be held on Tuesday, November 22, 2016 from 6:00 PM to 8:00 PM in the Mound Harbor District and in the vicinity of Auditors Road for City Council approval; and WHEREAS, a bum permit application and temporary sign permit application were also submitted and are eligible for administrative review and approval; and WHEREAS, Staff has reviewed said applications and has recommended reasonable conditions to protect the public's investment in its public parks and common areas as set forth in a staff memo to the City Council dated November 2, 2016 ("Conditions"); and WHEREAS, the City Manager -Public Works Director and Staff desire to waive the public gathering permit fee and damage waiver and other related permit fees because the annual tree lighting ceremony is a public event that benefits the community as a whole. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as follows: 1. The recitals set forth above are incorporated into this Resolution. 2. The public gathering permit and musical concert permit are approved for the 33rd annual Mound tree lighting ceremony. -2776- 3. Fee waivers for all permit applications and the waiver of the damage deposit for the public gathering permit is in the public interest due to the overwhelming public and community benefits of the annual tree lighting special event. Passed by the City Council this 9th day of November 2016. Attest: Catherine Pausche, Clerk -2777- Mayor Mark Wegscheid Westonka Common q & Commeice MINNETRISTA • MOUND + NIAVARRE • SPRING BW 33,d Annual Tree Lighting — Mound Harbor District ADDENDUM Tuesday, November 22, 2016 The 33'd Annual Tree Lighting date has been changed from Thursday, November 17th to Tuesday, November 22"d. The reason for this is we are not able to get a Christmas tree from any of the local tree suppliers. The earliest trees are delivered is November 20th. This has been getting more difficult every year and this is the year that we were not able. Johnny Royer has reserved an 18' tree for our event, his delivery is Sunday, November 20th. I will work with Johnny and Ray Hanson with the logistics as the timing is tight. River Valley Church will be participating this year, they will provide hot chocolate and mini donuts. They will obtain their own permit, we will not need to. The remainder of the festivities are still the same. -2778- a s� westonka ommunitV & Conunierce MANETRISTA « .'410LNG' t NAVARRE + SPRING PARK 33`d Annual Tree Lighting — Mound Harbor District The 33`d Annual Tree Lighting event will be held on Thsday, 01 November, 2016 at the Mound Harbor District along Auditors Road in downto n Mound. The hours will be 6:00 to 8:00 PM. As in the past, we will have the tree lighting ceremony with local Mayors, WCC Board members and Santa Claus to do the honor. Holiday music will be provided by Tommy Gray sound system and local choirs. Santa and Mrs. Claus will arrive by way of the Mound Fire department. Horse drawn hayrides will be available for the community. The Mound Fire department will manage the bonfire. We will be serving complimentary cookies and apple cider. We will provide one ADA portable restroom. We will market the event via yard signs and a 3'x20' banner which will be hung on the decorative fence at Mound Marketplace (facing Commerce Blvd). We will work with Public Works, Orono PD and Mound Fire regarding the logistics. -2779- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC GATHERING PERMIT Use of a public park or commons by any group consisting of 15 or more individuals. Use is not to interfere with traffic and general use of the park or commons or to be beyond the ability of the police in maintaining order. NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS. Group is to remove all litter and trash and provide a deposit to insure cleaning up of the park area. PERMIT FEE: $300/DAY TO $600/DAY* DAMAGE DEPOSIT: $500 TO $1000/DAY* *Permit fee and damage deposit amount to be determined by City Manager and City Staff upon receipt of application stating specific use and requirements. Date(s) of Use / Area to be Used Time Frame (D Intended Use 7 / Expected Attendance Organization(,� ) d� Representative's Name _ Address Lq Telephone No.'I=Feifle Drivers License Number Work: f S� 4176Z d 4& -Z / t5u- City Clerk Police Dept. Park Dept. 1m Google Maps Go ale Maps Google Maps Imagery 02015 DigitalGlobe, U.S. Geological Survey, Map data 02015 Google 50 fl -2783- Page 1 of 1 Google Maps �Q Cie Maps Google Maps N 0 a, C', -2784- Map data 02015 Google 20 ft Page I of I $100/day CITY OF MOUND 2415 WILSHIRE BLVD. MOUND, MINNESOTA 55364 Date of Musical Concert LICENSE MUSICICAL CONCERT PERMIT APPLICATION (including, but not limited to, live music, music provided by a disc jockey, and/or any type of . music) /I -- EVENT: ✓c� LOCATION OF MUSICAL CONCERT: TYPE OF MUSICICAL CONCERT: TIME PERIOD OF MUSICAL CONCERT 112 - (HOURS PERMITTED: Mon - Sun: 7:00 am -10:00 pm) 2Z 6O L'1• REQUESTED EXTENSION OF HOURS: (Council approval must be received to conduct a musical concert after 10:00 pm) APPLICANT: C�)lt� CONTACT: �� U ADDRESS: D✓y)/ ADDRESS: H4 PHONE #: WORK PHONE #: Date App icanVs Signature Department Review Approved Denied Police Dept. Adm. Fire Dept. -2785- J M9ound Fire Department 2415 Wilshire Blvd, Mound, MN 55364 952-472-3555 —Office 952-472-3775—Fax r www.moundfire.com MINNESOTA OPEN BURNING PERMIT AND CITY OF MOUND LOCAL BURNING PERMIT APPLICATION Permittee Information ress: I ii_, Burn Site Location (if different than above) Section: Top: n ., RaAggl Forty or Area: Burning Permit Conditions (Check those that apply) ❑ Piled Material (circle fuel) Trees/Brush/Leaves El Other (specify) X#PilesIle-k Approximate Pile Size ❑ Running Fire (circle fuel) Brush/Grass ❑ Size in acres ❑ Special Conditions ❑ Attachment ❑ Wetland ❑ Local Ordinance ❑ Prior to Burning call: MFD 952-472-3555 Lot: Effective Dates: From: M �•C Dailv Hours: From: (O: Qt2am/pYW'_�o: : 00 am/gg?--or— 0 All Day This permit is valid for open burning as allowed and specified in Minnesota State Fh €Code, statute 199F.011, subd 4 and City Mound Fire Code Section 30-50 thru 30-52. The permittee is granted permission to burn the above described materials at the specified location during the dates and times listed above. Application Submittal Requirements: I Agree: To have this permit available at the burn site for inspection at all times. To completely extinguish the fire immediately if this permit is revoked. • To keep this fire under control and assume responsibility for all damages and costs that may result from burning done under this permit. • To attend this fire until completely extinguished and not to allow fire to smolder without flame. • Not to burn if there is a practical alternative method for disposal of the material such as chipping or composting. • To use a clean burning device to start the fire. • Not to burn paper or cardboard except as provided by Minnesota Statutes 17.135. • That prevailing wind must be away from nearby occupied buildings. 5 MPH or less is ideal. Application Submittal Requirements: Provide site sketch on back side of permit indicating location of the burn, distance to adjacent buildings, exposures, and utilities. Fee: $10.00 (Make check payable to Mound Fire Department) I attest by my signature, that I hove read and will comply with the conditions of and any attachments to this permit and that I am the land owner or have pelmi;3ion of the landownegtdbum at the above burn site location. Permittee's Approving Authority Signaturt k\adminVorms\permits\burn permit.docz M Fa -2786- wli.r, Ti9 o,v s i76 Date: /(J Date: /40-a S --.2 0 /6 6C.0 BURN LOCATION SKETCH PLAN Provide site sketch indicating location of the burn, distance to adjacent buildings, exposures, and utilities. Provide distance from property line and neighboring structures. IJ PROHIBITED MATERIALS: Oils, rubber, plastic, tires, railroad ties, construction debris and chemically treated materials such as, treated lumber, composite shingles, tar paper, insulation composition board, sheetrock, wiring, paint, hazardous and industrial solid waste, and burning barrels. Burning such items is punishable under Minnesota State Statute. --VIOLATIONS OF PERMIT CONDITIONS MAY SUBJECT PERMITTEE TO CRIMINAL AND/OR CIVIL ACTIONS — REUSE, RECYCLE, AND COMPOST j:\admin\forms\permlts\burn permitdocx -2787- "Ck[ �•-Y`-T�... nnv �Google nA 2415 Wilshire Blvd, Mound, MN 55364 Phone 952-472-0600 Fax 952-472-0620 SEASONAL, BANNER, & PORTABLE SIGN PERMIT APPLICATION Note: Any information supplied on this form will be considered public according to the Minnesota Government Data Practices Act. SITE Property Address �! 6.4e d Zone �s Business Name l l( L f ] P37LSA Phone APPLICANT Name Email KlAPn Phone Fax Other OWNER Name Phone,KI y o2010� Fax 819 is a Rab / Other SIGN Company Name Address CONTRACTOR Contact Person Email Phone Fax Other See City Code Chapter 119-4 ❑ Seasonal Sign $25 - Dates from to Message Size _ feet x feet = _sf Seasonal Signs - Seasonal signs of a temporary or portable nature may be used in the non-residential districts to promote or advertise on -premise seasonal services or merchandise. Such signs shall be limited to a maximum of thirty-two (32) square feet and shall not be left in place for more than a two (2) month period. Permits and fees shall be required for all seasonal signs, and permits may be issued no m tha (2) times per calendar year per business._ A / % j f Banner/Pennant $25 - Dates fro %� to >/ 1�1 Describe event locations (list or Temporary banners and pennants employed for grand openings of business establishments, special events or promotions and holidays are not exempt from permits and fees and shall be removed within thirty (30) days upon permit issuance unless an alternate schedule is approved by the City Council. Temporary banners and pennants are prohibited from being placed upon any decorative fencing unless the banner or pennant is used in conjunction with a government, a quasi -public function, or similar -related special event. Permits for banners and pennants can be issued no more than four (4) times per calendar year. ❑ Portable Sign (no fee) - Dates from to Number of signs Sign locations (list or attach map) Describe sign (message, materials, etc.) -2789- a C%( Portable Signs used for the purpose of directing the public may be permitted under the following conditions: (a) Said sign is coincidental to, or used in conjunction with, a governmental unit or quasi -public function; and (b) The period of use of said sign shall not exceed thirty (30) consecutive days; and (c) Signs shall not be used more than four (4) times during a calendar year; and (d) Signs shall be placed on the premises of the advertised event and/or on such other premises following approval of a temporary sign permit by the City of Mound. Administrative approval of a portable sign permit is permitted if the following conditions are met: 1. The sign is not being placed on public property. 2. Written permission from the property owner of record is provided if being located off -premises. 3. The criteria reference in subsections (a), (b), and (c) above are met. 4. The proposed location of the sign is reviewed and deemed acceptable by Mound Staff, which shall include the Police, Planning, and Engineering Departments, based on the following criteria: • The sign is not being placed in the road right-of-way. • The sign does not obstruct the sight triangle for pedestrian or vehicular traffic. • Placement of the sign does not create any potential traffic or other related hazard; and (e) Portable sign placement on public property requires City Council approval; and (f) Such signs shall require the issuance of a permit but will be exempt from all fees; and (g) In the instance of a multi -use facility, only one seasonal sign may be placed on the premises at any one time. Applicants are advised that incomplete applications or insufficient information can delay the processing of the permit request or may result in the application being rejected. Please fully complete all involved sections of the application and provide as much detail as possible, including, but not limited to, the proposed locations of signs, using addresses or landmarks, and written permission from the property owner for off-site locations. /0- It -';'016 DTE (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: RECEIVED BY & DATE PLANS CHECKED BY APPROVED BY & DATE COPIED APPROVED ZOI -2790- �3r� 3' x 20' 13 oa Mnyt Full Color Banner I Durable Heat Welded Hems & Grommets, 1 -sided. " Colors shown on screen are not exact' 22 -2791- �• Special Event Check List cm of Mom City of Mound Date Received: 2415 Wilshire Boulevard 'teceived by: Mound, MN 55364 952-472-0604 This Check List should be submitted at least 45 days prior to the event Objective: The Check List helps the Cityyaccomplish three things: ;w 1) Be aware of what is taking place on city -owned property 2) Determine how the City or other agencies may be of assistance 3) Assure public safety for event goers and passers by OUICK TEST: DOES YOUR EVENT REOUIRE A SPECIAL EVENT PERMT? If you are having an event that has less than 300 people, on private property without music, no fireworks, no off-site parking, no charge for liquor and event does not involve any of the items listed near the top of page 2 of this check list, special events permits may not be required. DISCLAIMER: Some or all of the information that you are asked to provide on the application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intent is to use the information to determine your qualification for the permit(s) or license(s) requested. If you refuse to supply the information, permit(s) or Ucense(s) may not be issued. Applicant tion Name: (� Address: City, State, Zip: Day Phone: Cell Phone: 02� Email: i dro Organization//��if applicable) g� �i ? 4 Address:'*'* �; � �; City State Zip: Mw 5 -3& Event Details: n w Name of Event: Location: Date(s): Hours(s): 4 1 C50 01 0 P Applicant Phone # on Event Day: S Dcription of Ev � %4 Use additional paper, if necessary. Size of Gathering Gathering, or projected gathering, of under 100 persons at one time and at a single location. Gathering, or projected gathering, of 100-200 persons at one time and at a single location. Gathering, or projected gathering, of more than 300 persons at one time and at a single location 11/13/15 -2792- Page 1 of 8 Type of pecial Event (check or answer all that apply) Public Event on Public Property? _Private Event on Public Property? _Private Event on Private Property? iv Will you have a tent? in Will your tent have sides? Will you have tent heaters? Size of tent Indicate possible activities/attractions/components: Block Party Carnival Petting Zoo Political Rally/Event Live Music Parade Fireworks Wedding Beer Garden Inflatable Jumping Toy Others, not listed Road Closing _ Circus Fishing Contest Church/Religious Event Theatrical Performance or Event Boat Show Car Show Marathon Other Athletic Contest (type: _ Dunk Tank PUBLIC LOCATIONS • .�— _ Location: J'}'1 /a .4",Lt ,491 kQ Approximately how many people are expected at event? lwl? Is the event private? Is this event open to the public? Diagram and label site plan for event parking, music, attractions, tents, sanitary facilities, garbage containment, all possible other amenities/activities Submitted? Will you post event signage or banners? Will any special services be required from the Police Department or other city department? List needed publi ervices — fees for service ma a > >1 ak Yes No (ES)No Yes) No es No Yes No Coli s for saf�attreetrossing, traffic control, alcohol containment? (circleneeds) c Works for coness generator, garba street cleaning? (circle needs Submitted? Yes No PRIVATE LOCATIONS Location: Approximately how many people are expected at event? Diagram and label site plan for event parking, music, attractions, tents, sanitary facilities, garbage containment, all possible other amenities/activities Submitted? Yes No Will you post event signage or banners? Yes No Will any special services be required from the Police Department or other city department? Yes No Diagram and label event layout and list needed public services — fees for service may apply Police/Reserves for safety, street crossing, traffic control, alcohol containment? (circle needs) Public Works for cones, barricades, generator, garbage, street cleaning? (circle needs) Submitted? Yes No 11/13/15 -2793- rage 2 of 8 PARKING O Approximately how many vehicles are expected? On -Site Parking: How many vehicles could be parked on the property? ` / Off -Site Parking: How many vehicles would need to be parked off the property? _ Include on master diagram and label 0 :!Sind off-site n Submitted? r) 7 (�(if'LIX �= Ye No Describe method(s) of transporting guests/participants of event from off-site parking: ZJtrX_k Will your parking have an impact on emergency response or site access? Yes No Written permission for parking attained from private property or business owner(s) Submitted? Yes No Do you have a designated responsible person to direct vehicles as to where/how to park? Yes No MUSIC Wi]] there be live music? Describe: Yes No Wii1 there be amplified music? jLyyt/h /ac� L1�1 Yes No What are proposed days/hours for music t�be played? Include and label on master diagram location of music, direction ofspeakers and adjoining properties Submitted? Yes No LIQUOR Will liquor be served? If liquor is served, will there be a charge? Is liquor included in the price of a ticket to attend the event? Provide completed applications for liquor sales Submitted? Provide proof of insurance Submitted? FIREWORKS Will there be fireworks at your event? Include diagram and label proposed display of fireworks, with surrounding properties Submitted? Provide proof of insurance Submitted? VENDORS AND/OR ATTRACTIONS '� qq Will vendors sell food or other products? No Provide copy of permit required from Hennepin County Health Department Submitted? Will you have any other attractions? (i.e., petting zoo, carnival, etc.) Include on master diagram and label proposed attractions Submitted? SANITATION Are there indoor bathrooms available to the event? Will you provide portable bathrooms? How many? Will you provide handicapped bathrooms? How many? Include on master diagram and label location ofSubmitted? 11/13/15 -2794- Yes No Yes Yes No Yes No Yes No Yes No Yes No Yes No Yes No Ye No Yes No CYes) No Yes Fs o oNo No ?age 3 of 8 INSURANCE Will there be insurance coverage for the event? /r /yep No Provide Certificate of Liability Insurance, with coverage levels Submitted? Ye No SEVERE WEATHER AND EMERGENCY RESPONSE PLAN For large events: Do you have a basic Emergency Response Plan? Y No Do you know where crowds will congregate during severe weather? es No Provide a Severe Weath� espgns� , wi shelter locations labeled Submitted? Yes No POSSIBLE LICENSES AND PERMITS (if anolicable Department of Natural Resources (DNR) Lake Minnetonka Conservation District (LMCD) Hennepin County Sheriff's Water Patrol Three Rivers Park District Hennepin County Health Department �,� Mound Fire Department/Fire Marshal Hennepin County -- Roads/closures Hennepin County -- Signs/banners Fireworks Peddler, Solicitor or Transient Merchant �G Temporary Sign/Banner Raffle Gambling Vendor License Musical Concert Other (type ) Temporary Liquor License (State and Local) - Any time alcohol is served or sold to the general public, or if alcohol is soldat a private party/event—even if included in ticket price. May only be issued to a club, charitable, religious, or non-profit organization, or political committee registered under state law. SU3MITTALS Please give consideration to the following list of documents that may be required prior to approval: Proposed parade or race route Master site plan identifying buildings, driveways, streets, parking locations, tents/temporary structures (include size), sanitary facilities, garbage containment areas, music and direction of speakers, attractions, vendor locations, any cordoned -off area(s) for the event, neighboring properties and any other possible uses On-site and off-site Parking Plans, including Shuttle Bus Plan, with diagram attached Written permission for parking attained from private property or business owner(s) Letter of approval with signature of the owner of the property on which the special event is to be held Approval of Home Owners Association, if event affects the private property where one exists Proof of written notice to all property owners within 350' of the location, at least 10 days prior to the event, including date, time and location of the event (see form below) List or description of all public services or supplies required from Police, Public Works, Parks Completed applications for liquor sales, with proof of liability insurance Diagram of fireworks set-up with surrounding properties, with proof of insurance )/ Food vendor locations and proof of permit from Hennepin County Health Department Certificate of Liability Insurance with coverage levels Severe Weather/Emergency Response Plan, with shelter locations Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct event or activity, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of the City of Mound The following acknowledgement must be signed by applicant-- L,I/13/15 -2795- Page 4ots Applicant Release and Indemnification: I am aware of all applicable State and other laws regarding special events and will abide by the same. IN CONSIDERATION of being allowed to conduct the above-described event, the undersigned hereby releases, waives, discharges, and covenants not to sue the City of Mound or the City of Orono Police Department, the cities' elected officials, employees, volunteers, or agents ("Releasees') for injuries, death, or damages caused by the negligence of Releasees as a result ofconducting or participating in the above-described event. The undersigned further agrees to protect, indemnify, and hold harmless Releasees from any and all damages, liability, and costs, including attorney's fees, for injuries, death, or damages caused by the negligence of Releasees. This Release and Indemnification does not apply to intentional, wild, or wanton acts by Releasees. Applicant acknowledges they may be required to pay a service charge for the governmental services provided to support the event. qI�6ilti0a. Signa re 11/13/15 -2796- Date Page 5 of 8 (y�j ,BOLTON & MENK Real People. Real Solutions. November 3, 2016 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound, MN 55364 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521448-8838 Fax: 19521448-8805 Bolton-Menk.com RE: 2016 Street, Utility and Retaining Wall Improvements — Bartlett Blvd., Tuxedo Blvd. Phase II, and Cypress/Maywood City Project Nos. PW -16-01, PW -16-02, PW -16-03, PW -16-04 Pay Request No. 4 Dear Mr. Hoversten: Please find enclosed Pay Request No. 4 from Ryan Contracting Company for work completed on the 2016 Street, Utility and Retaining Wall Improvement Project from September 30, 2016 through October 28, 2016. With the approval of Change Order No. 1 at the October 25`h Council meeting, the Contract Amount has been increased an additional $64,082.00 for a total increase of $80,357.00. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $817,439.00 to Ryan Contracting Company. Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. City Engineer DATE: 10/3112016 CONTRACTOR'S PAY REQUEST NO. 4 CONTRACTOR Ryan Contracting Co, 2016 STREET, UTILITY& RETAINING WALL IMPROVEMENTS OWNER City of Mound CITY PROJECT NO. 16-01, 16-02.16-03,16-04 ENGINEER Bollon It Monk BMI PROJECT NO. C12.110649, 072.110650, C12.110651 FOR WORK COMPLETED FROM 91302016 THROUGI- 10,2612016 TOTALAMOUNT DID................................,................»,.....,.........,.......................................................................... S 2,758,554.26 APPROVED CHANGE ORDERS +EXTRA WORK...................................................................................... $ 80.357,00 CURRENTCONTRACT AMOUNT........................................................................................................... $ 2.8311,911.26 TOTAL, COMPLETED WORK TO DATE.............................................................................................................. $ 2,221.953.86 TOTAL, STORED MATERIALS TO DATE ......... .... ...... ........ ................................................................................ 8 DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED... ......................... _........................... ....... 8 TOTAL, COMPLETED WORK 8 STORED MATERIALS.................................,................................................... $ 2,221,963.85 RETAINED PERCENTAGE 5.0% )...... .... ..... ................. ......... .... _..... ..._....................--- 8 111,087.68 TOTAL AMOUNT OF OTHER DEDUCTIONS---- ..... ......... . ................................ . . .... .............. ........... 8 - NET AMOUNT DUE TO CONTRACTOR TO DATE. ........................... ....... ................. ..................... ................ 6 2,110,856.16 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES ..................... ........... ._........ _................ .................... ... ..... S 1,293,417.16 PAY CONTRACTOR AS ESTIMATE NO.4............................................__.................._.............._................... S 817,439.00 Certificate for Payment 1 hereby certify that, to the best of my knowledge and belief, a3 items quantilles and prices of work and material shown on this Estimate are correct and that all work has been performed in NII accordance with the terms and conditions of the Contract forthis project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing Is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor. Ryan Contracting Company 26480 France Ave. PO Box 246 EMarket, MN 65020 By Cv e4l? Name TMe Date��'�� CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON S MENK, I , ENGINEER , 2535 HADA LN, SUIT ' 20D, CHASKA MN 55316 By��LL/•-ice . CITY ENGINEER Daniel L. Faulkner Date II At i & APPROVED FOR PAYMENT: Owner: CITY OF MOUND By Name TiBe Data -2798- D &MLENK Real People. Real Solutions. November 3, 2016 Mr. Eric Hoversten, City Manager City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2016 Lift Station Improvement Project City Project No. PW -16-05 Pay Request No. I Dear Mr. Hoversten: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521448-8838 Fax: 19521448-8805 Bolton-Menk.com Please find enclosed Pay Request No. 1 from Pember Companies, Inc. for work completed on the 2016 Lift Station Improvement Project from September 1, 2016 through October 28, 2016. The contractor has been unable to work on the Lynwood lift station D2 site due to environmental issues, but has worked on the Windsor lift station Sl site. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $37,314.52 to Pember Companies, Inc. Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. City Engineer DATE: 10/3112016 CONTRACTOR Pember Companies, Inc CONTRACTOR'S PAY REQUEST NO. 1 OWNER City of Mound 2016 UB Stenon Improvements ENGINEER Balton & Menk City Project No. PW -18.05 $ 1.963.82 BMI PROJECTING. C12.1111100 ....... $ - FOR WORK COMPLETED FROM 91112016 THROUGH 10/28)20/6 I............... $ 37,314.52 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES............................................................... ..................... It 168,112.05 TOTALAMOUNT BID........... ................ .......... .......................... .......... ....................................................................... ........... $ 37,314.52 APPROVED CHANGE ORDERS+ EXTRA WORK..................................................................................... $ .. I hereby cerlify that, to the best of my knowledge and belief, all Items quane0es and prices $ 168.112.06 CURRENTCONTRACT AMOUNT............................................................................................................ TOTAL, COMPLETED WORK TO DATE..................................................................................................................... $ 39.278.44 TOTAL, STORED MATERIALS TO DATE................................................................................................................. CHECKED v DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED................................................................. $ - TOTAL, COMPLETED WORK & STORED MATERIALS......................................................... ........................ I ..... I..... $ 39,278.44 RETAINED PERCENTAGE ( 5.0% )....................................................................................................... $ 1.963.82 TOTALAMOUNT OF OTHER DEDUCTIONS ........... ...... ..................... ...... ............. ........................... I .............. ....... $ - NET AMOUNT DUE TO CONTRACTOR TO DATE............................ ................ ......................... _.............. I............... $ 37,314.52 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES............................................................... ..................... I............ $ - PAY CONTRACTOR AS ESTIMATE NO.1...................... ......................... ....... ............. .............. .I ....... I ......... ........... $ 37,314.52 Certificate for Payment I hereby cerlify that, to the best of my knowledge and belief, all Items quane0es and prices of work and material shown on this Estimate are correct and drat all work hes been performed in full accordance with the terms and conditions of the Contract for this project ' between the Owner and the undersigned Conlmclor, 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 provlslons or M. S. 290.92 have been complied with and that all claims against me by reason of the Contract haver been paid or satisfactorily secured. Contractor. Pember Companies, Inc. N 4449 48911h Street Menomonie, WI 54751 By Name Title /_3- Date -11-3- CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MEN INC., ENGINEERS 22638 SHADOW LN, SgUITE 200, CHASKA MN 55318 By= Zr �f�_Ci'/� / - , PROJECT ENGINEER Daniel L, F kner Date /' r APPROVED FOR PAYMENT: Owner. CITY OF MOUND By Name 7111e Date :11 BOLTON Real People. Real Solutions. November 2, 2016 Honorable Mayor and Members of the City Council City of Mound 2415 Wilshire Boulevard Mound, MN 55364 RE: 2014/2015 Sanitary Sewer Rehabilitation Project Metropolitan Council 2014 Municipal I & I Grant Program City of Mound/ Metropolitan Council Grant Agreement City Project No. PW -14-05 Dear Mayor and Members of the Council 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 1952)448-8838 Fax: f952)448-8805 Bolton-Menk.com The 2015 Minnesota State Legislature appropriated an additional $1.5 M of State Bond funds to the 2014/2015 Municipal Inflow and Infiltration Grant Program bringing the total to $4,156,800. There are a total of 76 cities, including Mound, in the metro area that are eligible to receive a portion of these grant funds to help reduce inflow and infiltration (1/I) into their public sewer system which eventually is treated by the one of the Metropolitan Council's treatment plants. Grant proposals were due to the Metropolitan Council (Met Council) by September 26, 2014. The proposal submitted for Mound's preliminary 2014/2015 1/I abatement project included an estimated construction cost of $293,900 (attached) which well exceeded the potential amount of the grant. Met Council's response to the 47 cities that submitted proposals, indicating the amount of their Preliminary Minimum Allocation (PMA) as well as their estimated Final Reimbursement Allocation (FRA), was sent out on October 10, 2014. The Program's allocation guidelines specify the lesser of 50% of the eligible 1/I abatement costs or $25,000 to each city applicant. Mound's PMA was $25,000 and its estimated FRA was $29,146, which was greater than the maximum amount specified due to the lower than anticipated number of cities that submitted proposals. We have now submitted all of the required verification materials to the Met Council, including the final payment amount to the City's contractor for the 2014/2015 Sanitary Sewer Rehabilitation Project, with one exception. A City Resolution is required, authorizing the grant application and execution of the Grant Agreement between the City and the Met Council, which will be subsequently prepared by the Met Council. A Resolution is attached for your consideration and requested approval. Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. City Engineer H:\MOUNL0firatFile\2016116urr orp Reapanse\2016-11-02 Ltrm City Coundl RR Grant Anreemt Rmolutiun.doa Belton A CITY OF MOUND RESOLUTION NO. 16 -- RESOLUTION AUTHORIZING APPLICATION FOR AND EXECUTION OF GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY FOR THE 2014 MUNCIPAL INFLOW AND INFILTRATION GRANT PROGRAM WHEREAS, the Minnesota State Legislature has appropriated $4,156,800 in general obligation bond funds for grants to municipalities to reduce inflow and infiltration in their public system infrastructure, administered by Metropolitan Council Environmental Services (MCES); and WHEREAS, application to participate in the MCES 2014 Municipal Grant Program (Grant Program) was made on September 23, 2014 for reimbursement of a percentage of eligible construction costs associated with the City of Mound 2014/2015 Sanitary Sewer Rehabilitation Project ( Project); and WHEREAS, the City of Mound was notified by MCES Letter of Intent dated October 10, 2014, of approval to participate in the Grant Program and of estimated Final Reimbursement Amount (FRA) of $29,146.08; and WHEREAS, the City of Mound awarded bid in the amount of $161,716.00 for Project to Insituform Tech USA on December 9'h, 2014, and WHEREAS, the Final Contract Amount for work completed by Insituform Tech USA was $203,373.00 and the City Council approved Final Payment and acceptance of work on April 16, 2016; and WHEREAS, Grant Agreement between the Metropolitan Council and the City of Mound has been drafted by MCES; and WHEREAS, the City of Mound has completed $48,497.63 of work eligible for funding, and desires to enter into Grant Agreement to finalize the reimbursement process. NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota: 1. The City Council hereby approves application for MCES 2014 Municipal Inflow & Infiltration Grant Program. 2. The City Council hereby approves the Grant Agreement between Metropolitan Council and City of Mound and authorizes the City Manager to execute Grant Agreement, subject to minor modifications and final review by City Attorney. Adopted by the City Council this 9'h day of November, 2016. ATTEST Catherine Pausche, City Clerk -2802- Mark Wegscheid, Mayor METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES 2014 STATE BOND FUND MUNICIPAL INFLOW & INFILTRATION (I&I) GRANT APPLICATION FORM NOTICE TO APPLICANTS: Submission of this application form confirms your city's intention to participate in the Metropolitan Council Environmental Services (MCES) 2014 State Bond Fund Municipal 1/I Grant program (Grantee Program). Applicants must review the Grantee Program design and process details which, along with the draft agreement that must be entered into with the Metropolitan Council, can be found at the following link: hllp//www metrocounci] orglWastewater WaterIFunding-Finance/Available-Funding-Grants.aspx Submission of all information requested herein is mandatory and becomes the basis for determining your city's Preliminary Minimum Allocation (PMA) and an estimated Final Reimbursement Amount (FRA) that will accompany the Letter of Intent all qualifying applicants will receive. Grant agreements will be sent for signature simultaneously for all participants subsequent to receipt and review of all project information that will form each participant's final PMA and FRA. CITY NAME: City of Mound The City's designated authorized representative (all correspondence and city responsibility regarding participation in the Grantee Program should be should be addressed to individual named below) is: NAME: Dan Faulkner TITLE: City Engineer STREET: 2638 Shadow Lane Suite 200 CITY, ZIP: Chaska, MN 55318 PHONE: 952.448.8838 EMAIL: danfa@bolton-menk.com Secondary Contact Information NAME: Brian Simmons TITLE: Asst City Engineer STREET: 2638 Shadow Lane Suite 200 CITY, ZIP: Chaska, MN 55318 PHONE: 612.756.3441 EMAIL: briansi@bolton-menk.com A city resolution must be included with the final signed agreement confirming the designated representatives' authority and certification to participate in the grant program. Page -1 I METROPOLITAN COUNCIL -2803- Enter Your Estimated Project Work Description: See Attached Map and Preliminary Engineer's Estimate Enter Your Estimated Eligible I&I Costs (Column A): (A) Estimated 1. Pipe Lining and Replacement 2. Pipe Joint Sealing and chimney Seals 3. Manholes — Lining, replacement 4. Manhole Sealing joints, castings, covers 5. Flood Mitigation 6. Cross Connection Elimination Non -Eligible I&I Work: ■ Studies, investigations or inspections • Any improvements to privately owned infrastructure Page - 2 1 METROPOLITAN COUNCIL -2804- (B) Covered: 50% (C) % Eligible of Proiect Costs for funding_ _ $146,947.50 X50%= _ $ 0.00 X 100%= _ $ 0.00 X50%= _ $ 0.00 X 100%= _ $ 0.00 X 10% _ _ $ 0.00 X 100% _ (D)Amount Eligible For Grant Funding $73,473.75 $ 0.00 Letter of Intent Information: Once approved to participate in the Grantee Program, MCES will provide each participating City a Letter of Intent (LOI) on or around October 10, 2014 to include the following: • PMA and estimated FRA for each city based on total submitted applicant information • Disclaimer that all PMAs and FRAs are conditional upon participant completing and substantiating sufficient eligible I&I work completed. ■ Program design details and important dates to remember • Disclaimer that LOI is not a legal binding document confirming funding, but is a stated commitment to enter into agreement if city submission of required documentation substantiates eligibility and funding. • Authorized MCES signatures. • MCES Commitment to enter into agreement at completion of the project(s), assuming submission of the following that substantiates eligible work: o Certification (notarized) confirming ownership or easements for locations where work was completed, and o Description of work, along with description or map of locations, and o Invoices substantiating cost of work completed Important Dates to Remember: Notice of approved grant program guidelines to cities, request applications Grant applications due from cities MCES provide cities Letter of Intent, PMA & estimated FRA Cities provide descriptions and pay claims for completed projects FRA determination, grant agreement distributed MCES processes reimbursement Questions may be directed to the MCES Program Administrator: Matt Gsellmeier MCES I&I Grant Administrator 390 Robert Street North St, Paul, MN 55101-1805 Phone: (651) 602-1802 Email: matthew esellmeiffAmetc.state.mn.us Page - 3 1 METROPOLITAN COUNCIL -2805- August 28, 2014 September 26, 2014 October 10, 2014 October 30, 2016 November 15, 2016 Upon receipt of signed agreement CITY OF MOUND RESOLUTION NO. 16 -- RESOLUTION TO CANVASS RETURNS AND DECLARE THE RESULTS OF THE MUNICIPAL ELECTION OF NOVEMBER 8, 2016 BE IT HEREBY RESOLVED by the City Council of the City of Mound, Minnesota: That the City Council does hereby certify the results of the Municipal Election as presented on the Canvass of Votes for the November 8, 2016 election as: Mayor (2 -year term): Candidate Pct 1 Pct 2 Pct 3 Pct 4 Total Write-ins Overvotes Undervotes Council Member (4 -year term): Candidate Pct 1 Pct 2 Pct 3 Pct 4 Total Write-ins Overvotes Undervotes With said results, is hereby appointed to a two-year Mayoral term. and are appointed to four-year City Council terms. Adopted by the City Council this gth day of November, 2016. Attest: Catherine Pausche, Clerk Mayor Mark Wegscheid :1. CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2017 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT — LYNWOOD BOULEVARD/FAIRVIEW LANE, CITY PROJECT NO. PW -17-01 WHEREAS, a motion was made and approved by the City Council on the 11`h day of October, 2016, receiving the Feasibility Report and fixing the date of November 9, 2016 for a Council hearing on the proposed 2017 Street, Utility, and Retaining Wall Improvement Project for improvement of Lynwood Boulevard from Belmont Lane to Fairview Lane, and Fairview Lane from Lynwood Boulevard to Shoreline Boulevard, and WHEREAS, a resolution was approved by the City Council on the 25`h day of October, 2016, which confirmed the receipt of the Feasibility Report on October 11, 2016 and the date of November 9, 2016 for the Council hearing, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 9'h day of November, 2016, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, 1. The 2017 Street, Utility, and Retaining Wall Improvement Project — Lynwood Boulevard/Fairview Lane is found to be necessary, cost-effective, and feasible as detailed in the Feasibility Report. 2. Such improvements are hereby ordered as proposed in the council resolution No. 16 - adopted on the 25`h day of October, 2016. 3. Bolton & Menk, Inc. is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The City Council declares its official intent to reimburse itself for the cost of the improvement from the proceeds of the tax-exempt bond. Adopted by the City Council this 9'h day of November, 2016. Attest: Catherine Pausche, City Clerk Mayor Mark Wegscheid -2807- CITY OF MOUND RESOLUTION NO. 16 -- RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2017 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT — WILSHIRE BOULEVARDIMAYWOOD ROAD/HIDDENVALE LANE, CITY PROJECT NO. PW -17-02 WHEREAS, a motion was made and approved by the City Council on the 110 day of October, 2016, receiving the Feasibility Report and fixing the date of November 9, 2016 for a Council hearing on the proposed 2017 Street, Utility, and Retaining Wall Improvement Project for improvement of Wilshire Boulevard from Shoreline Boulevard to Bartlett Boulevard, Maywood Road from Wilshire Boulevard to Fairview Lane and Hiddenvale Lane from Maywood Road to Shoreline Boulevard, and WHEREAS, a resolution was approved by the City Council on the 25th day of October, 2016, which confirmed the receipt of the Feasibility Report on October 11, 2016 and the date of November 9, 2016 for the Council hearing, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 91h day of November, 2016, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, 1. The 2017 Street, Utility, and Retaining Wall Improvement Project—Wilshire Boulevard/Maywood Road/Hiddenvale Lane is found to be necessary, cost-effective, and feasible as detailed in the Feasibility Report. 2. Such improvements are hereby ordered as proposed in the council resolution No. 16-_ adopted on the 25th day of October, 2016. 3. Bolton & Menk, Inc. is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The City Council declares its official intent to reimburse itself for the cost of the improvement from the proceeds of the tax-exempt bond. Adopted by the City Council this 9th day of November, 2016. Attest: Catherine Pausche, City Clerk Mayor Mark Wegscheid MW CITY OF MOUND RESOLUTION NO. 16 -- RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2017 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT— TUXEDO BOULEVARD, PHASE III, CITY PROJECT NO. PW -17-03 WHEREAS, a motion was made and approved by the City Council on the 11`h day of October, 2016, receiving the Feasibility Report and fixing the date of November 9, 2016 for a Council hearing on the proposed 2017 Street, Utility, and Retaining Wall Improvement Project for improvement of Tuxedo Boulevard from Brighton Boulevard to Clyde Road and WHEREAS, a resolution was approved by the City Council on the 25th day of October, 2016, which confirmed the receipt of the Feasibility Report on October 11, 2016 and the date of November 9, 2016 for the Council hearing, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 9th day of November, 2016, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, 1. The 2017 Street, Utility, and Retaining Wall Improvement Project—Tuxedo Boulevard, Phase III is found to be necessary, cost-effective, and feasible as detailed in the Feasibility Report. 2. Such improvements are hereby ordered as proposed in the council resolution No. 16 adopted on the 25'" day of October, 2016. 3. Bolton & Menk, Inc. is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The City Council declares its official intent to reimburse itself for the cost of the improvement from the proceeds of the tax-exempt bond. Adopted by the City Council this 9'h day of November, 2016. Attest: Catherine Pausche, City Clerk Mayor Mark Wegscheid :1• EXTRACT OF MINUTES OF A MEETING CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA HELD: November 9, 2016 Pursuant to due call, a regular or special meeting of the City Council of the City of Winsted, McLeod County, Minnesota, was duly held at the City Hall on November 9, 2016, at 7:00 P.M., for the purpose, in part of authorizing the issuance and awarding the sale of $6,075,000 General Obligation Bonds, Series 2016A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $6,075,000 GENERAL OBLIGATION BONDS, SERIES 2016A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND NET REVENUES AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $6,075,000 General Obligation Bonds, Series 2016A (the "Bonds" or individually a 'Bond"), pursuant to Minnesota Statutes, Chapters 475; and 1. Section 429 to finance the construction of various public improvements within the City (the "Improvements") in the amount of $2,285,000 (the "Improvement Portion of the Bonds"); 2. Section 444.075 to finance improvements to the municipal water, sanitary sewer and storm water systems (the "Utility Improvements") in the amount of $3,045,000 (the "Utility Portion of the Bonds"); 3. Section 412.301 to finance the acquisition of capital equipment for the City (the "Equipment") in the amount of $745,000 (the "Equipment Portion of the Bonds"); B. 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 C. WHEREAS, the City owns and operates a municipal water utility system (the "Water System"), a municipal sanitary 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 -2510- 7949858v1 there are outstanding payable from the net revenues of the System: (i) $1,885,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2008C, dated June 4, 2008 (the "2008C Bonds"); (ii) $5,060,000 original principal amount of General Obligation Utility Revenue bonds, Series 2009B, dated June 4, 2009 (the "2009B Bonds"); (iii) $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"); (iv) $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"); (v) $4,860,000 original principal amount, which is the "System Portion" of the General Obligation Bonds, Series 2012A, dated July 12, 2012 (the "2012A Bonds"); (vi) $5,505,000 original principal amount, which is the "System Refunding Portion" of the General Obligation Refunding Bonds, Series 2012B, dated July 12, 2012 (the "2012B Bonds"); (vii) $6,270,000 original principal amount, which is the "System Portion" of the General Obligation Utility and Improvement Bonds, Series 2013A, dated May 2, 2013 (the "2013A Bonds"); (viii) $2,495,000 original principal amount, which is the "System Portion" of the Taxable General Obligation Bonds, Series 2013B, dated May 2, 2013 (the "2013B Bonds"); (ix) $4,925,000 original principal amount, which is the "System Portion" of the General Obligation Bonds, Series 2014A, dated September 18, 2014 (the "2014A Bonds"); (x) $3,230,000 original principal amount, which is the "System Portion" of the General Obligation Bonds, Series 2014B, dated September 18, 2014 (the "2014B Bonds"); (xi) $8,380,000 original principal amount, which is the "Utility Portion" of the General Obligation Bonds, Series 2015A, dated September 10, 2015 (the "2015A Bonds"); and (xii) $2,925,000 original principal amount, which are the 'Prior 2006B Bonds Refunding Portion" and the "Prior 2007B Bonds Refunding Portion" of the General Obligation Refunding Bonds, Series 2016B, dated December 1, 2016 (the "2016B Bonds", and together with the 2008C Bonds, the 2009B Bonds, the 2011A Bonds, the 2011B Bonds, the 2012B Bonds, the 2013A Bonds, the 2013B Bonds, the 2014A Bonds, the 2015A Bonds and the 2016A Bonds, the "Outstanding System Bonds"); and D. WHEREAS, each item of Equipment to be financed by the Equipment Portion of the Bonds, as hereinafter defined, has an expected useful life at least as long as the term of the Equipment Portion of the Bonds; and E. WHEREAS, the principal amount of the Equipment Portion of the Bonds does not exceed one-quarter of one percent (0.25%) of the estimated market value of the taxable property in the City ($ times 0.25% is $..... and F. WHEREAS, the City has retained Ehlers & Associates, hic., 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 G. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Manager, or designee, at the offices of Ehlers at 10:00 A.M. on the date hereof, pursuant to the Preliminary Official Statement, dated October 27, 2016, established for the Bonds; and -2811- 7949858v1 H. 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, is hereby accepted and the Bonds are hereby awarded to the Purchaser. The City Manager is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. Bond Terms. (a) Original Issue Date• Denominations; Maturities• Term Bond Option. The Bonds shall be dated December 1, 2016, 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 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Amount Year 2028 2029 2030 2031 2032 2033 2034 2035 2036, 2037 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 Improvement Portion of the Bonds, being the aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth, is issued to finance the Improvements. The Utility Portion of the Bonds, being the aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth, is issued to finance the Utility Improvements. The Equipment Portion of the Bonds, being the aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth, is issued to finance the Equipment. -2812- 7949858v1 Improvement Utility Equipment Year Portion Portion Portion Total 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 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 any portions of debt service in such amounts as the City shall determine. If the source of the prepayment is special_ assessments pledged to 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 Utility Improvements, the prepayment shall be allocated to the Utility Portion of debt service. If the source of the prepayment is taxes pledged to the Equipment, the prepayment shall be allocated to the Equipment 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 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. -2813- 7949858v1 (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. (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 -2814- 7949858v1 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 fifteen 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 any actions necessary from time to time to comply with the requirements of the Letter of Representations. (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 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. -2815- 7949858v1 (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. Purposes. The Improvement Portion of the Bonds shall provide funds to finance the Improvements. The Utility Portion of the Bonds shall provide funds to finance the Utility Improvements. The Equipment Portion of the Bonds shall provide funds to finance acquisition of the Equipment. The Improvements, Utility Improvements and the Equipment, are herein referred to together as 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 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 August 1, 2017, 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 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Maturity Year Interest Rate 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 5. Redemption. All Bonds maturing on February 1, 2026 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2025, 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 not more than sixty (60) days and not fewer than thirty (30) days prior to the date fixed for redemption. -2816- 7949858v1 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 stray. 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: -2817- 7949858vl In UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND GENERAL OBLIGATION BOND, SERIES 2016A Interest Rate Maturity Date Date of Original Issue CUSIP % February 1, December 1, 2016 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 August 1, 2017, 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"). 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 7949858x1 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. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2026, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2025, 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 registered holder of the Bonds not more than sixty (60) days and not fewer than thirty (30) days prior to the date fixed for redemption. 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• P=ose; General Obli ag tion. This Bond is one of an issue in the total principal amount of $6,075,000, 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 November 9, 2016 (the "Resolution"), for the purpose of providing money to finance various municipal improvement projects within the jurisdiction of the Issuer and the purchase of capital equipment. This Bond is payable out of the General Obligation Bonds, Series 2016A 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 -2819- 7949858v1 when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations• Exchatim 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 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 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 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, sanitary 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 Utility Portion of the Bonds, as defined in the Resolution, adequate to pay all principal and interest when due on the Utility -2820- 7949858v1 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 Utility 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 City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: December 1. 2016 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 LM Authorized Signature 7949858v1 Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Manager -2821- 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 (Cust) (Minor) Uniform (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. 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- 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.) -2822- 7949858v1 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City 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 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 December 1, 2016. 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. -2823- 7949858v1 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 his, her or its 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 Finance Director 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 fimd to be designated "General Obligation Bonds, Series 2016A 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 -2824- 7949858vl manner herein specified until all of the Bonds and the interest thereon have been fully paid. The Operation and Maintenance Account heretofore established by the City for the Water System shall continue to be maintained in the manner heretofore provided by the City. The Operation and Maintenance Account heretofore established by the City for the Sewer System shall continue to be maintained in the manner heretofore provided by the City. The Operation and Maintenance Account heretofore established by the City for the Storm Water System shall continue to be maintained in the manner heretofore provided by the City. (The Operation and Maintenance Account for the Water System, the Operation and Maintenance Account for the Sewer System and the Operation and Maintenance Account for the Storm Water System are referred to collectively herein as the "Operation and Maintenance Accounts".) All moneys for the System remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Account shall constitute or are referred to as "net revenues" until the Utility Portion of the 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 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, plus any amount paid for the Bonds in excess of the minimum bid and 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 and the Utility Improvements and acquiring the Equipment, including the cost of any construction or other 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, the 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 separate subaccounts in the Debt Service Account to be designated the "Improvement Project Debt Service Subaccount", the "Utility Improvements Project Debt Service Subaccount" and the "Equipment 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: -2825- 7949858x1 (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) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (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 Bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. (ii) Utility Improvements Proiect Debt Service Subaccount. To the Utility 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 Utility 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 Utility Portion of the Bonds; (B) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (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 Utility 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 Utility 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 Utility Improvements Project Debt Service Subaccount. The Utility Improvements Project Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Utility 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. (iii) Equipment Debt Service Subaccount. To the Equipment Debt Service Subaccount there shall be credited: (A) all collections of taxes herein or hereinafter levied for the payment of the Equipment Portion of the Bonds and interest thereon; (B) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (C)a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof, (D) all investment earnings on funds held in the Equipment Debt Service Subaccount; and (E) any and.all other moneys which are properly available and are appropriated by the governing body of the City to the -2826- 7949858vl Equipment Debt Service Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Equipment Portion of the Bonds. 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 Account 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 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) Special 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 special 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 special assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all fiuther acts and take all further proceedings as may be required by law to make the special 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: -2827- 7949858v1 Improvement Levy Collection Designation Years Years Amount 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: Levy Years Collection Years Amount See attached schedule 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 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 Utility 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 an amount to pay when due the principal and 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 System are hereby pledged on a parity lien with the Outstanding System Bonds and shall be applied for that purpose, but solely to the extent required to meet, together with other pledged sums, the principal and interest requirements of the Bonds. As used herein the term net revenues means the gross revenues derived by the City from the operation of the System, including all charges for service, use, availability, and connection to the System, and all monies received from the sale of any facilities or equipment of the System or any by-products thereof, less all normal, reasonable, or current costs of owning, operating, and maintaining the System. 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 g�=i 7949858v1 pledge and appropriation of the net revenues 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 Utility 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. Covenants Relating to the Equipment Portion of the Bonds: Tax Levv. To provide moneys for payment of the principal and interest on the Equipment 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: Levy Years Collection Years Amount See attached schedule The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Equipment 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 Equipment Portion of the Bonds. The tax levies shall be inepealable so long as any of the Equipment 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. 19. 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. -2829- 7949858vl (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 occurrence. (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 City 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. 20. 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 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. 21. 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 -2830- 7949858v1 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 fust placed in service. (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. 22. 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 Utility Portion of the Bonds, together with other funds irrevocably appropriated to the Utility 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 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. -2831- 7949858v1 23. 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 Bond Register and that the tax levy required by law has been made. 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 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. 26. Tax -Exempt Status 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 (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States. The City expects to satisfy the 24 -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 City Manager 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. 27. 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 -2832- 7949858vl entities whose obligations are treated as issued by the City) during this calendar year 2016 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2016 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. 28. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 29. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Klein Bank, Chaska, Minnesota on the closing date for further distribution as directed by the City's municipal advisor, Ehlers. 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. -2833- 7949858v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MOUND, MINNESOTA HELD: November 9, 2016 Pursuant to due call, a regular or special meeting of the City Council of the City of Winsted, McLeod County, Minnesota, was duly held at the City Hall on November 9, 2016, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $2,925,000 General Obligation Refunding Bonds, Series 2016B. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,925,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016B, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND NET REVENUES AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mound, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to issue $2,925,000 General Obligation Refunding Bonds, Series 2016B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys to: 1. current refund the City's $1,240,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2006B, dated April 11, 2006 (the "Prior 2006B Bonds"); 2. current refund the City's $2,355,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2007B, dated April 5, 2007 (the "Prior 2007B Bonds"); 3. current refund the City's $1,675,000 original principal amount of General Obligation Improvement Bonds, Series 2008B, dated June 18, 2008 (the "Prior 2008B Bonds", and together with the Prior 2006B Bonds and Prior 2007B Bonds, the "Prior Bonds"); B. WHEREAS, the Prior 2006B Bonds are callable on any date, at a price of par plus accrued interest, as provided in a resolution adopted by the City Council on March 14, 2006 (the "Prior 2006B Bonds Resolution"), authorizing the issuance of the Prior 2006B Bonds; and -2834- 7943859v1 C. WHEREAS, the Prior 2007B Bonds are callable on any date, at a price of par plus accrued interest, as provided in a resolution adopted by the City Council on March 13, 2007 (the 'Prior 2007B Bonds Resolution"), authorizing the issuance of the Prior 2007B Bonds; and D. WHEREAS, the Prior 2008B Bonds are callable on any date, at a price of par plus accrued interest, as provided in Resolution No. 08-60, adopted by the City Council on May 27, 2008 (the 'Prior 2008B Bonds Resolution", and together with the Prior 2006B Bonds Resolution and the Prior 2007B Bonds Resolution, the 'Prior Resolutions"), authorizing the issuance of the Prior 2008B Bonds; and E. WHEREAS, the current refunding on February 1, 2017 (the "Call Date") of $710,000 aggregate principal amount of the Prior 2006B Bonds maturing on and after February 1, 2018 (the 'Refunded 2006B Bonds"); (ii) the current refunding on the Call Date of $1,535,000 aggregate principal amount of the Prior 2007B Bonds maturing on February 1, 2018 (the 'Refunded 2007B Bonds"); and (iii) the current refunding on the Call Date of $900,000 aggregate principal amount of the Prior 2008B Bonds maturing on and after February 1, 2018 (the 'Refunded 2008B Bonds" and,together with the Refunded 2006B Bonds and the Refunded 2007B Bonds, the 'Refunded 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 F. WHEREAS, the City owns and operates a municipal water utility system (the "Water System"), a municipal sanitary 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) $1,885,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2008C, dated June 4, 2008 (the "2008C Bonds"); (ii) $5,060,000 original principal amount of General Obligation Utility Revenue bonds, Series 2009B, dated June 4, 2009 (the "2009B Bonds"); (iii) $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"); (iv) $2,840,000 original principal amount, which is the "System Portion" of the General Obligation Bonds, Series 2011B, dated May 5, 2011 (the "2011B Bonds"); (v) $4,860,000 original principal amount, which is the "System Portion" of the General Obligation Bonds, Series 2012A, dated July 12, 2012 (the "2012A Bonds"); (vi) $5,505,000 original principal amount, which is the "System Refunding Portion" of the General Obligation Refunding Bonds, Series 2012B, dated July 12, 2012 (the "2012B Bonds"); (vii) $6,270,000 original principal amount, which is the "System Portion" of the General Obligation Utility and Improvement Bonds, Series 2013A, dated May 2, 2013 (the "2013A Bonds"); (viii) $2,495,000 original principal amount, which is the "System Portion" of the Taxable General Obligation Bonds, Series 2013B, dated May 2, 2013 (the "2013B Bonds"); (ix) $4,925,000 original principal amount, which is the "System Portion" of the General Obligation Bonds, Series 2014A, dated September 18, 2014 (the "2014A Bonds"); (x) $3,230,000 original principal amount, which is the "System Portion" of the General Obligation Bonds, Series 2014B, dated September 18, 2014 (the "2014B Bonds"); (xi) $8,380,000 original principal amount, which is the "Utility Portion" of the General Obligation Bonds, Series 2015A, dated September 10, 2015 (the "2015A Bonds"); and (xii) $6,075,000 original principal amount, which is the "Utility Portion" of the General Obligation Bonds, Series 2016A, dated December 1, 2016 (the "2016A Bonds", and together with the 2008C Bonds, the 2009B Bonds, the 2011A -283B- 7943859x1 Bonds, the 2011B Bonds, the 2012B Bonds, the 2013A Bonds, the 2013B Bonds, the 2014A Bonds, the 2015A Bonds and the 2016A Bonds, the "Outstanding System Bonds"); and G. 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 H. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Manager, or designee, at the offices of Ehlers at 10:00 A.M. on the date hereof, pursuant to the Preliminary Official Statement, dated October 27, 2016, established for the Bonds; and I. 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 City Council of the City of Mound, Minnesota, as follows: 1. Acceptance of Offer. 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 City 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. The Bonds shall be dated December 1, 2016, as the date of original issue, 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 2018 $ 2024 $ 2019 2025 2020 2026 2021 2027 2022 2028 2023 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 -2836- 7943859v1 principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) 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 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 6 and 11 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. (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 -2837- 7943859v1 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 11, 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 agencylbond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) 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 Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the 7943859x1 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 11. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 11, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 11. (d) 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. Allocation. The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to refund the Refunded 2006B Bonds (the Prior 2006B Bonds Refunding Portion"). The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to refund the Refunded 2007B Bonds (the "Prior 2007B Bonds Refunding Portion"). The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to refund the Refunded 2008B Bonds (the 'Prior 2008B Bonds Refunding Portion"): Prior 2006B Bonds Prior 2007B Bonds Year Refunding Portion Refunding Portion 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 -2839- 7943959v1 Prior 2008B Bonds Refunding Portion Total 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 is the general fund of the City, or other generally available source, the prepayment may be allocated to any of the portions of debt service in such amounts as the City shall determine. If the source of a prepayment is net revenues of the System pledged to the Prior 2006B Bonds, the prepayment shall be allocated to the debt service of the Prior 2006B Bonds Refunding Portion. If the source of a prepayment is net revenues of the System pledged to the Prior 2007B Bonds, the prepayment shall be allocated to the debt service of the Prior 2007B Bonds Refunding Portion. If the source of a prepayment is special assessments or taxes pledged to the Prior 2008B Bonds, the prepayment shall be allocated to the debt service of the Prior 2008B Bonds Refunding Portion. 4. Purpose: Refunding Findings. The Bonds shall provide funds for a current refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the City. 5. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2017, 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: Year Interest Rate Year Interest Rate 2018 % 2024 % 2019 2025 2020 2026 2021 2027 2022 2028 2023 6. Redemption. Bonds maturing on February 1, 2026, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2025, 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 not more than sixty (60) days and not fewer than thirty (30) 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 7943859vl 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. 7. Bond Re ig straz. 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 13. 8. 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: -2841- 7943859v1 10 UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND GENERAL OBLIGATION REFUNDING BOND, SERIES 2016B Interest Rate Maturity Date Date of Orieinal Issue CUSIP % February 1, December 1, 2016 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, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2017, 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. -2842- 7943859v1 Optional Redemption. The Bonds of this issue (the "Bonds") maturing on February 1, 2026, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2025, 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 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. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds not more than sixty (60) days and not fewer than thirty (30) days prior to the date fixed for redemption. 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 the 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 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• Pumose• General Obligation. This Bond is one of an issue in the total principal amount of $2,925,000 (the "Bonds"), 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 November 9, 2016 (the "Resolution"), for the purpose of providing funds sufficient for a current refunding of certain outstanding general obligation bonds of the Issuer. This Bond is payable out of the Debt Service Account of the Issuer's General Obligation Refunding Bonds, Series 2016B Fund. 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. -2843- 7943859v1 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 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, sanitary sewer and storm water systems (collectively, the "System") at the rimes and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Prior 2006B Bonds Refunding Portion and the Prior 2007B Bonds Refunding Portion, as defined in the Resolution, adequate to pay all principal and interest when due on the Prior 2006B Bonds Refunding Portion and the Prior 2007B Bonds Refunding Portion; 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 7943859v1 amount, for the years and in amounts sufficient to pay the principal and interest on Prior 2006B Bonds Refunding Portion and the Prior 2007B Bonds Refunding Portion 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 City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: December 1, 2016 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 In Authorized Signature 7943859x1 Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Manager -2845- 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 - TEN ENT - JT TEN - UTMA- as tenants in common as tenants by the entireties as joint tenants with right of survivorship and not as tenants in common as custodian for (Cust) under the (State) (Minor) Uniform 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: g� 7943859v1 9. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City 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. 10. 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 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 December 1, 2016. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 11. 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 10) 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. -2847- 7943859vl 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 his, her or its 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 Finance Director is hereby authorized to negotiate and execute the terns of said agreement. 12. 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. 13. 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. 14. 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) 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. 15. 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. 16: Funds and Accounts. There is hereby created a special fund to be designated the "General Obligation Refunding Bonds, Series 2016B 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 Operation and Maintenance 7943859v1 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 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 and all officials and employees of the City 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) Payment Account. To the Payment Account there shall be credited the proceeds of the sale of the 2006B Refunding Portion, the 2007B Refunding Portion and the 2008B Refunding Portion. On or prior to the Call Date, the Finance Director shall transfer (i) $ of the proceeds of the 2006B Refunding Portion from the Payment Account to the paying agent for the Prior 2006B Bonds; (ii) and $ of the proceeds of the 2007B Refunding Portion from the Payment Account to the paying agent for the Prior 2007B Bonds; and (iii) $ of the proceeds of the 2008B Refunding Portion from the Payment Account to the paying agent for the Prior 2008B Bonds, which sums are sufficient, together with other funds on deposit in debt service funds for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds due after the Call Date, including the principal of the Refunded Bonds called for redemption on the Call Date. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the Debt Service Account. (b) Debt Service Account. There shall be maintained the following separate subaccounts in the Debt Service Account to be designated the "Improvement Debt Service Subaccount", and the "Revenue 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) Revenue Debt Service Subaccount. To the Revenue Debt Service Subaccount there is hereby pledged and irrevocable appropriated and there shall be credited: (1) 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 account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Prior 2006B Bonds Refunding Portion and the Prior 2007B Refunding Portion; (2) a pro rata share of all funds paid for the Bonds in excess of the minimum bid; (3) any collections of all taxes which may hereafter be levied in the event that the net revenues of the System herein pledged to the payment of the principal and interest on the Prior 2006B Bonds Refunding Portion and the Prior 2007B Bonds Refunding Portion are insufficient therefor; (4) any balance remaining after the Call Date in the Debt Service Accounts created by the Prior 2006B Bonds Resolution and the Prior 2007B Bonds Resolution; (5) all investment earnings on funds in the Debt Service Account; and (6) any and all other moneys which are properly available and are 7943859v1 appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Prior 2006B Bonds Refunding Portion and the Prior 2007B Bonds Refunding Portion and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. (ii) Imyrovement Debt Service Subaccount. To the Improvement Debt Service Subaccount there is hereby pledged and irrevocably appropriated and there shall be credited: (1) after the Call Date, all uncollected special assessments pledged to the payment of the Prior 2008B Bonds; (2) a pro rata share of all funds paid for the Bonds in excess of the minimum bid; (3) any collections of all taxes heretofore or hereafter levied for the payment of the Prior 2008B Bonds and interest thereon which are not needed to pay the Prior 2008B Bonds as a result of the Refunding; (4) all investment earnings on funds in the Improvement Debt Service Subaccount; and (5) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvement Debt Service Subaccount. The amount of any surplus remaining in the Improvement Debt Service Subaccount when the Prior 2008B Bonds Refunding Portion and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Improvement Debt Service Subaccount shall be used solely to pay the principal of and interest on the 2010 Bonds Refunding Portion or any other bonds hereafter issued and made payable from the Fund. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. 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 Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and 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 federal Internal Revenue Code of 1986, as amended (the "Code"). 17. Covenants Relating to the Prior 2006B Bonds Refunding Portion and the Prior 2007B Bonds Refunding Portion. (a) Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and declared that the net revenues of the System are sufficient to pay, together with other sums - pledged to the payment of the Prior 2006B Bonds Refunding Portion and the Prior 2007B Bonds Refunding Portion, the principal of and interest on the Prior 2006B Bonds Refunding Portion and -2850- 7943859v1 the Prior 2006B Bonds Refunding Portion and a sum at least five percent in excess thereof The net revenues of the System are sufficient to pay when due the principal and interest on the Outstanding System Bonds and a sum at least five percent in excess thereof. The net revenues of the System are hereby pledged on a panty lien with the Outstanding System Bonds to the payment of the Prior 2006B Bonds Refunding Portion and the Prior 2006B Bonds Refunding Portion and, but solely to the extent required to meet, together with other pledged sums, the principal and interest requirements of the Prior 2006B Bonds Refunding Portion and the Prior 2006B Bonds Refunding Portion. 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 Prior 2006B Bonds Refunding Portion and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (b) 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 Prior 2006B Bonds Refunding Portion and the Prior 2007B Bonds Refunding Portion 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 Prior 2006B Bonds Refunding Portion and the Prior 2006B Bonds Refunding Portion. 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". (c) Excess Net Revenues. Net revenues in excess of those required for the foregoing may be used for any proper purpose. (d) General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Prior 2006B Bonds Refunding Portion and the Prior 2007B Bonds Refunding Portion 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 balance in the Revenue Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Prior 2006B Bonds Refunding Portion and the Prior 2007B Bonds Refunding Portion payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Revenue Debt Service Subaccount when a sufficient balance is available therein. 18. Covenants Relating to the Prior 2008B Bonds Refunding Portion. (a) Special Assessments. The City has heretofore levied special assessments pursuant to the Prior 2008B Bonds Resolution, which were pledged to the payment of the principal and interest on the Prior 2008B Bonds and, after the Call Date, the uncollected special assessments for the Prior 2008B Bonds are now pledged to the payment of principal and interest on the Prior 2008B Bonds Refunding Portion. The special assessments are such that if collected -2851- 7943859x1 in full they, together with estimated collections of taxes herein pledged for the payment of the Prior 2008B Bonds Refunding Portion, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Prior 2008B Bonds Refunding Portion. The special assessments were levied as provided below, 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 the rate shown opposite such years: Imnrovement Designations Amounts Interest Rate Collection Years See attached schedules (b) Tax Levy' Coverage Test Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on the Prior 2008B Bonds Refunding Portion, 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: Years of Tax Lew Years of Tax Collection Amounts See attached schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments and any other revenues herein pledged for the payment of the Prior 2008B Bonds Refunding Portion, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Prior 2008B Bonds Refunding Portion. The tax levies shall be irrepealable so long as any of the Prior 2008B Bonds Refunding Portion 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 475.6 1, Subdivision 3. Upon payment of the Prior 2008B Bonds, the uncollected taxes levied in the Prior 2008B Bonds Resolution authorizing the issuance of the Prior 2008B Bonds which are not needed to pay the Prior 2008B Bonds as a result of the Refunding shall be canceled. (c) General Obligation Pledge. For the prompt and full payment of the principal and interest on the Prior 2008B Bonds Refunding Portion, 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 balance in the Improvement Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Prior 2008B Bonds Refunding Portion 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 Improvement Debt Service Subaccount when a sufficient balance is available therein. 19. 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 -2852- 7943859x1 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 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. 20. 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 Exhibits C, D and E, which terms and conditions are hereby approved and incorporated herein by reference. 21. Supplemental Resolution. The Prior Resolutions are hereby supplemented to the extent necessary to give effect to the provisions hereof. 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 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 re furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Proceeds and Projects. The City hereby covenants not to use the proceeds of the Bonds or to use the projects originally financed by the Prior Bonds, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the projects, 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. -2853- 7943859vl 25. Tax -Exempt Status 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) 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 from gross proceeds of the Bonds as provided in Section 1.148-7(c) of the Regulations. The Mayor and/or City Manager 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 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 2016 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2016 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. Furthermore: (g) each of the Refunded 2006B Bonds, the Refunded 2007B Bonds or the Refunded 2008B 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 2006B Refunding Portion does not exceed the remaining average maturity of the Refunded 2006B Bonds; (i) the average maturity of the 2007B Refunding Portion does not exceed the remaining average maturity of the Refunded 2007B Bonds; 0) the average maturity of the 2008B Refunding Portion does not exceed the remaining average maturity of the Refunded 2008B Bonds; -2854- 7943859v1 (k) no part of the 2006B Refunding Portion, the 2007B Refunding Portion and 2008B Refunding Portion has a maturity date which is later than the date which is thirty years after the date the Refunded 2006B Bonds, the Refunded 2007B Bonds or the Refunded 2008B Bonds were issued; and (1) the 2006B Refunding Portion, the 2007B Refunding Portion and the 2008B Refunding Portion are issued to refund, and not to "advance refund" the Prior 2006B Bonds the Prior 2007B Bonds or the Prior 2008B 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 2006B Refunding Portion, the 2007B Refunding Portion and the 2008B Refunding Portion does not exceed the outstanding amount of the Prior 2006B Bonds, the Prior 2007B Bonds or the Prior 2008B Bonds. 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. Continuiniz 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 occurrence. (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 City Manager 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. -2855- 7943859v1 28. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 29. 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 the City's municipal advisor, Ehlers. 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. -2856- 7943859v1 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting City 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 providing for the issuance and sale of $2,925,000 General Obligation Refunding Bonds, Series 2016B. WITNESS my hand on November 9, 2016. City Manager -2857- 7943859v1 CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION APPROVING DOCUMENTS RELATED TO THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM (LHIA) LOAN AND ENVIRONMENTAL RESPONSE FUND (ERF) LOAN RELATED TO THE INDIAN KNOLL MANOR PROJECT WHEREAS, the Housing and Redevelopment Authority in and for the City of Mound (the "Authority") and IKM Limited Partnership, a Minnesota limited partnership, an affiliate of Aeon, a Minnesota nonprofit corporation ("IKM"), entered into a Purchase Agreement setting forth the terms and conditions of sale of certain property owned by the Authority, located at 2020 Commerce Boulevard, Mound, Minnesota to IKM, including the housing facility known as Indian Knoll Manor (the "Property"); and WHEREAS, the City has received funds in the amount of $400,000 from the Metropolitan Council under its Local Housing Incentives Account Program ("LHIA Loan"); and WHEREAS, the City desires to loan proceeds of the Metropolitan Council LHIA Grant in the amount of $400,000 to IKM to finance IKM's costs of acquisition and construction of a 66 unit affordable rental housing project on the Property (the "Project"); and WHEREAS, IKM's lender has agreed to allow the LHIA Loan to be secured by allowing the City to place a mortgage against the Property pursuant to the terms of a Subordination and Standstill Agreement; and WHEREAS, the City also received an environmental response fund grant from Hennepin County in the amount of $390,982 ("ERF Loan"); and WHEREAS, the City desires to loan proceeds of the ERF grant in the amount of $390,982 to IKM to finance IKM's costs of the Project; and WHEREAS, it has been requested that the City agree to subordinate the LHIA Loan and ERF Loan in accordance with the Master Subordination Agreement and Estoppel Certificate; and WHEREAS, it has also been requested that the City agree to the order of priority for the disbursement of the LHIA Loan and the ERF Loan along with other loans that are being received by IKM; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota as follows: 1. That the Loan Agreement between the City of Mound and IKM Limited Partnership for the Metropolitan Council Local Housing Incentives Account — Metropolitan Livable Communities Act (LHIA Loan) is hereby approved, subject to modifications that do not alter the substance of the transaction and that are approved by the City Attorney. 2. That the Grant Agreement between the City of Mound and Aeon for the County of Hennepin Environmental Response Funds (ERF Loan) is hereby approved, subject to modifications that do not alter the substance of the transaction and that are approved by the City Attorney. 3. That the Subordination and Standstill Agreement is hereby approved, subject to modifications that do not alter the substance of the transaction and that are approved by the City Attorney. 4. That the Master Disbursement Agreement is hereby approved, subject to modifications that do not alter the substance of the transaction and that are approved by the City Attorney. 5. That the Master Subordination Agreement and Estoppel Certificate is hereby approved, subject to the modifications that do not alter the substance of the transaction and that are approved by the City Attorney. 6. That the Mayor and the City Manager are hereby authorized and directed to execute all appropriate documents, including, but not limited to, the above stated document, to effectuate the transaction contemplated by this Resolution. Adopted by the City Council this 9th day of November, 2016. 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J:ladminlREPORTS - Fire Incident & Performance12016 Performance RepoW2016 Fire Alarm - False Alarm Reports by City Minnesota Depertmat ®f Natural hscurres 500 Lafayette Road • St. Paul, MN • 55155-4039 MNDNR October 17, 2016 OCT 71 2016 Dear Trail Administrators and GIA Sponsors, The snowmobile trail system statewide has played an important recreational, economic, and cultural role in Minnesota since its early inception in the 1970s. The majority of trails are managed by snowmobile club members with countless hours of volunteering. The Grant -in -Aid (GIA) Program has provided important funding for those costs associated with managing the over 21,000 mile system, including grooming, fuel, brushing, signing, landowner permission, and easements for trail routes. As you are aware, over the last few years there have been reductions to GIA funding due to insufficient funds available from the dedicated snowmobile account. This account receives revenues primarily from the gas tax, snowmobile registrations, and trail permits. While revenue from the gas tax is relatively stable from year to year, the number of snowmobile registrations has varied and over the last decade where the total number of registrations went from a high of 277,000 snowmobiles in 2006 to 196,000 in 2016. This decline in the total number of registered snowmobiles, as well as the weather variability in the snowmobile season (think snow!), has created an ongoing funding challenge to support our large GIA trail system. This funding challenge can be overcome by increasing revenue or reducing spending. One option is to raise the snowmobile registration fees to help restore funding. Another option is to permanently reduce funding to the GIA Program, perhaps even by reducing the size of the trail system. Both of these options have impacts to snowmobiling. Raising the registration fee increases the cost of snowmobiling, but reducing GIA funding may impact grooming or reduce the number of trails open for riding. The state needs to consider all options, but at this time we are looking into the impact of an increase to registration fees. We recognize there are concerns among snowmobilers about raising fee levels, but there are several positive points to consider. ■ We want to avoid further funding reductions to the GIA Program. • Current fee levels, including registration and the trail pass, haven't increased in more than 10 years, and with rising costs it is prudent to increase the fees to stay in line with inflation. www' e-- --is AN EQUAL OP 2-8.6.3..MPLDYER {a PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM Of 10% POST -CONSUMER WASTE Trail Administrators and GIA Sponsors October 17, 2016 Page 2 Current Minnesota registration fees are lower than other states. For example, Minnesota's registration comes to $25/year, while Wisconsin's is $40/year and Michigan's is $55/year. Since the price of fees are established in Minnesota statutes, any change would need to go through the legislative process. We wanted to make you aware of this fee increase option as we consider how to manage the snowmobile account and the GIA Program over the long-term. Thank you for all of the work you put into the snowmobile trail system in Minnesota. Thanks to your dedication, it is one of the best in the nation! Sincerely, 9 Erika Rivers Director, Division of Parks and Tails QBOLTON & MENK Real People. Real Solutions. 2017 Street, Utility & Retaining Wall Improvements Lynwood Boulevard/Fairview Lane/Wilshire Boulevard/ Maywood Road/Hiddenvale Lane/Tuxedo Boulevard November 9, 2016 SUJ' iJ'iJ ` Capitol Improvement Plan CITY OF MOUND STREET RECONSTRUCTION PROJECT AREAS COMPLETED PROJECTS: 2003 2004 2005 2006 2007 .� 2008 2008 2010 NO PROJECT 2011 2012 2013 2014 PROPOSED PROJECTS: , 2015 2015 MSA 2016 2016 MSA 2017 2018 2019 \ Capitol Improvement Plan CITY OF MOUND STREET RECONSTRUCTION PROJECT AREAS COMPLETED PROJECTS: 2003 2004 2005 2006 2007 2008 2008 2010 NO PROJECT II 2011 2012 20132014 *4k PROPOSED PROJECTS: 2015 2015 MSA 2016 2016 MSA nnumnmm 2017 2018 2019 Existing Street Conditions MI 9 � \��R_ -- A-300 28 -AB A=300' Tw, LEGEND PROPDSED STREET REMNSTRUMON BOLTON 2017 STCop U➢.Itt & 11 MENKmncm.ema..x,.� MW STREET CONDITIONS Watermain Improvements __ „ • " LEGEND LI • L=1— 0 EMSnNGHYDAANi ymmws • EgSiINGVALVE w ~ —I— EMSNNG WATERMAN CEMEW MAM �`,q{! I � 6 rl'FcV?YG • HYDAAMiOBEAEPUCED HYDUW70BEPEPACED 1 • VALVE REPLACEMENT m� NEWHYDRANT e 1 1 W Ji rnn oma w II rri�d ®BOLTON r^nd X•jWW CI OF MDUNG MINNFSOTA 3 ID17 FW161 7YF GUAES &MENK .'� WATERMANIMPAOVEMEN6 Sanitary Sewer Improvements I•� IN BOLTON 2o "" ETUTJ MNUTAU iS'HALL WIRD ex�nimy ... Zp115iPEEi lli.liY 6PEi41NIA5 WPLLIIJ�ROVEMEAii ® &MENK ^T.Imm„ 4 SANIiA4Y SEWER INPPOVEMENii LEGEND o EXISTING MH ® EXISTING LIFT STATION —II— EXISTING FORCEMAIN —<— EXISTING SANT SEWER —u— PROPOSED FORCEMAIN —I— PROPOSED CIPP REHABILITATION PROPOSED SANITARY SEWER • PROPOSED MH iE PROPOSED FLOW METER IN BOLTON 2o "" ETUTJ MNUTAU iS'HALL WIRD ex�nimy ... Zp115iPEEi lli.liY 6PEi41NIA5 WPLLIIJ�ROVEMEAii ® &MENK ^T.Imm„ 4 SANIiA4Y SEWER INPPOVEMENii n,1 Storm Sewer Improvements I LEGEND EXISTING STORM SEWER EXISTING CATCHBASIN . PROPOSED STORM SEWER • PROPOSED CATCH BASIN u,n�o,,,m,,.m,„ '—T'—"—M2.—.M TY OPMOUND MINNEEOTA°+° BOLTON °XtlYAN""`m''u'" 11117..7REETNTOTV RETAINING WALLINPRMMENT5 ® &MENK w«,. s .� � SORMSEWERIMPROVWENTS Retaining Wall Improvements -- -F-- m I Ll SI,,. L H aro vt I I %I l;, I4. ' ; I U LEGEND PROPOSED STREET RECONSTRUCTION RECONSTRUCT EXISTING RETAINING WALL ®BCLTGN„ mnsrREEr�urn bIF i4�NInGNFLi�W�PovEMEnrs &MENK PEiWNINGWALL IN1P40VEMENiS Pedestrian Improvements w f LEGEND EXISTING SIDEWALK )SPOT REPAIRS AS REQUIRED) EXISTING TRAIL )SPOT REPAIRS AS REQUIRED) - SIDEWALK IMPROVEMENTS UPGRADE PEDESTRIAN RAMP ✓y' _ v Ll 91 Al ®BOLTON °°" `" " aTvoPMouno INNEwTA ':nn,�nu,wnwu dill 57REEf UT.IiY&NEiAINIAurNALLINPROVEMEhiS &MENK r~rw�m r»..,....n SIRf,NALl Ih1PYQVEMfNiS �f1 Assessment Area �I I•III� LEGEND rXNVMONM ruMxcxa xusxlMX.roMA"scmeL MooeiNusa -U.Eo]Mro. PHM:i. Rf[ORSIAU[ISIRF[I UUNIR fWIVMFXI RFL]ENIW UX I! E1,VPFAI tlUXiR R:AUSM4LAI 11A11 FpUIVFlill FmCM"ALM - SomM.U•191oI1 5 Il U - NAMM.:V.ILNS 3 1 x - $,0E.A8x3:2M ° :x a MNM W,1.92mn m sa m ss y l+ MAFfM NT-. S ° L o33 iCA5fF54P811: ams m 13 18 ]d ,=-5. o s 'xs rmu Ms vm A% ! arl o ouro niNNE araBOLTONn. 2CSiFEETLTJM&FEiAIMP NALLM'RO VEMEAii®&MENK 1 ASSESSMENTAHA PROJ. AREA 1 PROJ. AREA 2 PROJ. AREA 3 WILSHIRE/ TOTAL LYNWOOD/ MAYWOOD/ TUXEDO BLVD PROJECT STREET COST (STD. SECTION) SIDEWALK COST STREET COST (EXTRA SECTION) STREET COST (UTILITY) WATERMAIN COST SANITARY SEWER COST STORM SEWER COST RETAINING WALL COST MCES STREET COST PARKING LOT COST TOTAL Lynwood Boulevard/Fairview Lane Recommendations • Improve Lynwood and Fairview at an Estimated Total Street Cost of $861,000 • Reconstruct Deficient Sections of Watermain, Sanitary Sewer and Storm Sewer at an Estimated Total Cost of '.•11 111 • Repair Deficient Sections of Retaining Wall at an Estimated Total Cost of $86,500 • Assess a Portion of the Street Improvement Costs in Accordance with the City's Street Construction and Reconstruction Policy - $295,000 Project Financing • Project Area 1: Lynwood/Fairview Amount assessed To benefitting Properties (213) $197,000 Amount Paid by the City (113) $98,000 Total Estimated Assessable Street Costs $295,000 Extra Section Cost - City $193,000 Retaining Wall Reconstruction — Retaining Wall Fund $86,000 Public Works Lot Reconstruction — City $102,000 Utility Improvements - Respective Utility Funds $600,000 Utility associated Street costs — City $373,000 Estimated Total Project Costs $1,649,000 Project Financing • Project Area 1: Lynwood/Fairview — Typical Assessment Amount assessed to benefitting Properties (213) Amount assessed to Commercial Unitsl Amount assessed to Residential Unitsl Total Benefitting ERUs Estimated Per UnitAssessment = $125,650118.50 Maximum Per Unit Assessment Revised Estimated Per Unit Assessment, Per Max. $196,920 71270 $125,650 18.50 $6,792 $6,600 $6,600 1) Combination Method for Commercial Assessments Based on Front Footage: 30%, Area: 30%, # of Units: 40% 2) Unit Method for Assessments— Based on Equivalent Residential Unit (ERU) — Single Family Units =13 Full ERUs, 11'1 ERUs (DI Wilshire Boulevard/Maywood Road/ Hiddenvale Lane Recommendations • Improve WilshirelMaywoodlHiddenvale at an Estimated Total Street Cost of $1,196,000 • Reconstruct Deficient Sections of Watermain, Sanitary Sewer and Storm Sewer at an Estimated Total Cost of $517,000 • Repair Deficient Sections of Retaining Wall at an Estimated Total Cost of $36,000 • Assess a Portion of the Street Improvement Costs in Accordance with the City's Street Construction and Reconstruction Policy - $534,000 Project Financing • Project Area 2: WilshirelMaywoodlHiddenvale Amount assessed To benefitting Properties (2/3) Amount Paid by the City (113) Total Estimated Assessable Street Costs Extra Section Cost - City MCES Street Cost — MCES* Retaining Wall Reconstruction — Retaining Wall Fund Fire Station Driveway Improvements — Fire Department Utility Improvements - Respective Utility Funds Utility associated Street costs — City Estimated Total Project Costs $356,000 $178,000 $534,000 $276,000 $47,000 $36,000 $24,000 $517,000 $339,000 $1,773,000 Project Financing • Project Area 2: WilshirelMaywoodlHiddenvale — Typical Assessment Amount assessed to benefitting Properties (213) Amount assessed to Commercial Unitsl Amount assessed to Residential Unitsl Total Benefitting ERUs Estimated Per UnitAssessment = $137,91019.83 Maximum Per Unit Assessment Revised Estimated Per Unit Assessment, Per Max. $356,290 $218,380 $137,910 9.83 $14,030 $6,600 $6,600 1) Combination Method for Commercial Assessments Based on Front Footage: 30%, Area: 30%, # of Units: 40% 2) Unit Method for Assessments— Based on Equivalent Residential Unit (ERU) — Single Family Units = 2 Full ERUs, 13'h ERUs, 2 2/3 ERUs (DI Tuxedo Boulevard Phase III Recommendations • Improve Tuxedo Boulevard at an Estimated Total Street Cost of $803,000 • Reconstruct Deficient Sections of Watermain, Sanitary Sewer and Storm Sewer at an Estimated Total Cost of $230,000 • Repair Deficient Sections of Retaining Wall at an Estimated Total Cost of $41,000 • Assess a Portion of the Street Improvement Costs in Accordance with the City's Street Construction and Reconstruction Policy - $581,000 Project Financing • Project Area 3: Tuxedo Phase III Amount assessed To benefitting Properties (2/3) $387,000 Amount Paid by the City (113) $194,000 Total Estimated Assessable Street Costs $581,000 Extra Section Cost - City $143,000 Retaining Wall Reconstruction — Retaining Wall Fund $41,000 Utility Improvements - Respective Utility Funds $230,000 Utility associated Street costs — City $79,000 Estimated Total Project Costs $1,074,000 Project Financing • Project Area 3: Tuxedo Phase III —Typical Assessment Amount assessed to benefitting Properties (213) Amount assessed to Commercial Unitsl Amount assessed to Residential Unitsl Total Benefitting ERUs Estimated Per UnitAssessment = $387,150135.66 Maximum Per Unit Assessment Revised Estimated Per Unit Assessment, Per Max. $387,150 $387,150 35.66 $10,856 $6,600 $6,600 1) Combination Method for Commercial Assessments Based on Front Footage: 30%, Area: 30%, # of Units: 40% 2) Unit Method for Assessments— Based on Equivalent Residential Unit (ERU) — Single Family Units =18 Full ERUs, 28'1 ERUs,1 1/3 ERUs, (D 2017 Street, Utility & Retaining Wall Project Schedule October 11 2016 GOURnil ReGe'VeG Feasibility Re.pGq & SGhedules the November 9, 2016 Council Holds Public Improvement Hearing and orders Project Plans and Specifications February 2014 Council Approves Final Plans and Sets Bid Date March 2017 Bids are Opened April 2017 Council Awards Contract June 2017 Construction Begins October 2017 Substantial Completion of Project June 2018 Final Completion of Project Aug/Oct 2018 Council Holds Assessment Hearing QBOLTON & MENK Real People. Real Solutions. 2017 Street, Utility & Retaining Wall Improvements Lynwood Boulevard/Fairview Lane/Wilshire Boulevard/ Maywood Road/Hiddenvale Lane/Tuxedo Boulevard November 9, 2016 SUJ' iJ'iJ ` CITY OF MOUND RESOLUTION NO. 16 - RESOLUTION TO CANVASS RETURNS AND DECLARE ` HE RESULTS OF THE MUNICIPAL ELECTION OF NOVEMBER 089 2016 BE IT HEREBY RESOLVED by the City Council of the City of Mound, Minnesota: That the City Council does hereby certify the results of the Municipal Election as presented on the Canvass of Votes for the November 8, 2016 election as: Mayor (2 -year term): Canal:date Pct 1 Pct 2 Pct 3 Pct 4 Total Mark Wegscheid 1062 1047 992 1064 4165 Write-ins 23 27 31 24 105 Overvotes 0 0 0 0 0 Undervotes _ 321 335 410 84 1150 Council Member (4 -year term): Candidate Pct 1 Pct 2 Pct 3 Pct 4 Total Jeff Berqquist 633 701 590 700 2624 Mike Dudzinski 488 514 447 518 1927 Ray Salazar 720 670 672 637 2699 Write-ins 20 18 13 10 61 Overvotes 0 0 0 6 6 Undervotes 991 915 1144 975 4025 With said results, Mark Wegscheid is hereby appointed to a two-year Mayoral term. Ray Salazar and Jeff Bergquist are appointed to four-year City Council terms. Adopted by the City Council this 9th day of November, 2016. Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk NOVEMBER 9, 2016 CONSENT AGENDA ITEM 4J REPLACEMENT PAGE -2806-