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2009-05-12
PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. crry ovmoVaND MISgION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable c st, quality, services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. �t AGENDA FUND CITY COUNCIL TUESDAY, MAY 12, 2009 - 7:30 PM F, ULAR MEETING MOUND CITY COUNCIL CHAMBERS *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Page Call meeting to order 2. Pledge of Allegiance Approve agenda, with any amendments 4. Proclamation 851 *Consent A eg nda *A. Approve minutes of April 28, 2009 regular meeting 852 -854 • *B. Approve payment of claims 855 -883 *C. Action on Resolution Approving a Variance for property at 884 -906 5060 Edgewater Drive *D. Action on Resolution Approving a 1 -year Extension for Variance 907 -913 at 5001 Wilshire Blvd. *E. Approve Settlement Agreement between Teamsters Local No. 320 914 and City of Mound *F. Adopt resolution approving Fourth Supplement to Memorandum of 915 -921 Understanding with Mound Harbor Renaissance Development *G. Consideration/Approval of Option and Site Agreement between 922 -938 City and T- Mobile — Water Standpipe at Donald & Devon *H. Approve permits for June 6, 2009 Fish Fry for Fire Relief Association and 939 -943 waive fees: Temporary Sign Permit; Public Dance /Live Music; Temporary On -sale Liquor; One -day Consumption & Display Permit. Comments and suggestions from citizens present on any item not on the agenda (Limit to three minutes per speaker) PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 7 Public hearing • A. Public hearing on Wellhead Protection Plan Part 2 and consideration/ 944 -947 action on Resolution Approving Wellhead Protection Plan and Requesting Approval from the Minnesota Department of Health Discussion/Action — uncompleted building project update at 4945 948 -963 Glen Elyn Road 9. Dave Callister from Ehlers & Associates on 2009 Bond Sales A. Action on Resolution providing for the Issuance and Sale of 964 -985 $4,020,000 General Obligation Improvement Bonds, Series 2009A, Pledging Special Assessments for the Security Thereof and Levying A Tax for the Payment B. Action on Resolution Providing for the Issuance and Sale of 986 -1008 $5,110,000 General Obligation Utility Revenue Bonds, Series 2009B, Pledging for the Security Thereof Net Revenues C. Action on Resolution Providing for the Issuance and Sale of 1009 -1029 $420,000 General Obligation Equipment Certificates, Series 2009C, Pledging Special Revenue from Area Fire Services Fund for the Security Thereof and Levying a Tax for the Payment Thereof 0. Consideration/Approval of Assessment Agreement No. A090393 with 1030 -1056 Hennepin County 11. Discussion/Action — Mound Visions funding request update and report 1057 -1071 from Mayor Hanus and Councilmember Osmek from 5/5 congressional meetings in Washington, D.C. 12. Stair Replacement on Dreamwood Commons /Gull Lane 1072 -1079 13. Fee Waiver Request for Rental of Depot by Fish Camp 1080 -1082 14. Miscellaneous /Correspondence A. Comments /reports from Council Members B. Reports: C. Correspondence: Staff memo regarding expiration of appeal deadline 1083 for Avon Drive summary judgment dated 2/11/09 Staff memo regarding DNR press release — preliminary 1084 -1085 draft of proposed rules update Three Rivers memo on new construction in Carver Park 1086 Gillespie Gazette 1087 -1088 40 5. Adjourn 2 • Proclamation W unicipal Clerks Week May 10 through May 16, 2009 Whereas, The office of the Municipal Clerk a time honored and vital part of local government, e*ts throughout the world; and Whereas, The office of the Municipal Clerkis the oldest among public servants; and Whereas, r1he office of the Municipal Cie rkpro vides the professional [ink between the citizens, the localgoverning bodies and agencies of government at other levels; and Whereas, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to alb and Whereas, The Municipal Clerkserves as the information center on functions of local government and community; and • Whereas, Municipal Clerks continually strive to improve the administration of the affairs of the office of the WunicipalClerkthrough participation in education programs, seminars, workshops and the annual meetings of their county, state, and international professional organizations; and Whereas, It is most appropriate that we recognize the accomphAments of City Clerk Bonnie Witter. Now, Therefore, 1, MarkYfanus, Mayor of 2Tie City of Mound, do recognize the week of May 10 through May 16, 2009, as Municipal Clerks Weel, and further extend appreciation to our Municipal Clerk Bonnie Ritter and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Dated this 12th day of May, 2009. Mayor • -851- Attest: MOUND CITY COUNCIL MINUTES APRIL 28, 2009 • The Mound City Council met in regular session on Tuesday, April 28, 2009 at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, Heidi Gesch and Greg Skinner Others present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Finance Director Catherine Pausche, Public Works Director Carlton Moore, City Engineer Dan Faulkner, Parks Superintendent Jim Fackler, Katie Hoff, Larry Connelly, Rex and Nancy Lindgren Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve agenda MOTION by Osmek, seconded by Salazar to approve the agenda. All voted in favor. • Motion carried. 4. Consent agenda MOTION by Osmek, seconded by Salazar to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $345,941.38. B. RESOLUTION NO. 09 -33: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR 4555 ISLAND VIEW DRIVE 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Consideration /approval of Separation Agreement and Release and Waiver of All Claims Hanson explained that in an attempt to balance the budget, early retirement packages have been offered to some employees. Phase 1 had no takers, and Phase 2 resulted in two early retirements from the Public Works Department. The agreement up for consideration tonight is the result of a Police Officer requesting consideration of an early retirement package. MOTION by Osmek, seconded by Salazar to approve the Separation Agreement and Release and Waiver of All Claims as presented. All voted in favor. Motion carried. • -852- Mound City Council Minutes — April 28, 2009 7. Consideration of bids for the 2009 Street Improvement Proiect, Island View Drive /Dorchester Improvements, Retaining Wall and Lift Station Improvements Dan Faulkner gave an overview of the bids received stating that the low base bid is 20% lower than the engineer's estimate. An alternate bid for the Island View Drive portion of the project was received, as directed. The alternate bid is for an "in kind" replacement (concrete in the existing concrete portion and bituminous in the current bituminous). The estimated difference in the assessment per unit between the bituminous and the "in- kind" replacement is about $730 if it spread to all 122 units. Discussion followed regarding the assessment costs for various scenarios. Faulkner noted that this is not the assessment hearing and the decision on how to assess the project does not have to be made now. All the stated figures are estimates. MOTION by Hanus, seconded by Salazar to adopt the following resolution. The following voted in favor: Salazar, Hanus, Gesch and Skinner. The following voted against; Osmek. Motion carried. RESOLUTION NO. 09 -34: RESOLUTION ACCEPTING BID FOR THE 2009 STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT; 2009 ISLAND VIEW DRIVE /DORCHESTER ROAD STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT; AND 2009 LIFT STATION IMPROVEMENT PROJECT IMPROVEMENTS (PW 09 -01, 09 -02, 09 -04, • AND 09 -06) 8. Consideration /Action on proposed expansion of Centerview multiple slip complex Fackler reviewed the recommendation of the Docks and Commons Commission, to add six additional slips to the multiple at Centerview. Nancy Lundgren, 2128 Centerview Lane, stated that she is concerned about traffic, parking, and the preservation of the natural resources if the complex is expanded to 22 spaces. Hanus asked if there is currently a problem and she indicated that there isn't. Hanus stated that if expanding to this size is considered, her concerns will be addressed at that time. MOTION by Osmek, seconded by Gesch to approve the Option C (six slips, three fingers) addition to the Centerview multiple slip complex as recommended by the Docks and Commons Commission. All voted in favor. Motion carried. 9. Consideration of Assessment Agreement with Hennepin County MOTION by Salazar, seconded by Osmek to table this item due to lack of pertinent information. All voted in favor. Motion carried. 10. Approve minutes MOTION by Osmek, seconded by Salazar to approve the minutes of the April 14, 2009 special meeting and the April 14, 2009 regular meeting. The following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: None. Skinner • abstained from voting because he was absent from the meetings. Motion carried. -853- Mound City Council Minutes — April 28, 2009 11. Executive session for the purpose of the City Manager's performance NW evaluation Mayor Hanus announced at 8:56 p.m. that the Council will go into executive session for the purpose of the City Manager's performance evaluation. The Council reconvened at 9:58 p.m. 12. Miscellaneous /Correspondence A. Comments /reports from Councilmembers B. Reports: Congressman Erik Paulsen Transportation Request form — SAFETEA- LU Reauthorization bill (submitted 4/24/09) C. Correspondence: Three Rivers Park District - Dakota Rail Update 13. Adiourn MOTION by Osmek, seconded by Gesch to adjourn at 9:59 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus • • 0 MAY 129 2009 CITY COUNCIL MEETING 0 TOTAL $428,012.74 -855- 042109CRCARD $4,423.84 APR 042209S U E $65042.69 APR 042909S U E $735866.65 APR 050609SUE $225936.23 MAY 050609SUE2 $190.00 MAY 051209SU E $3205553.33 MAY 0 TOTAL $428,012.74 -855- CITY OF MOUND Batch Name 042109CRCARD Payment City of Mound Payments 05/07/09 9:07 AM Page 1 Current Period: April 2009 x a w� Computer Dollar Amt $4,423.84 Posted 9I Refer 42109 ELAN CREDIT CARD Ck# 099210 4/21/2009 Cash Payment G 101 -13100 Due From Other Funds 03 -25 -09 SUBWAY, RESIDENT MEETING $53.34 Invoice 4732 4/21/2009 PO 21545 Cash Payment E 601 - 49400 -434 Conference & Training 03 -09 MN RURAL WATER ANNUAL $822.16 TECHNICAL CONFERENCE Invoice 2371 4/21/2009 Cash Payment E 101 - 41310 -434 Conference & Training 03 -10 -09 GOVERNMENT TRAINING, $225.00 REGISTRATION Invoice 9156 4/21/2009 Cash Payment E 101 -42400 -200 Office Supplies 03 -12 -09 DELL, INKJET CARTRIDGES $113.30 Invoice 9589 4/21/2009 PO 21468 Cash Payment E 101 - 42400 -434 Conference & Training 03 -10 -09 GOV TRAINING, WARD, STEPHEN $55.00 Invoice 4319 4/21/2009 PO 21469 Cash Payment E 602- 49450 -430 Miscellaneous 04 -01 -09 MY WEATHER $1.99 Invoice 4051 -C 4/21/2009 Cash Payment E 601 - 49400 -430 Miscellaneous 04 -01 -09 MY WEATEHR $1.98 Invoice 4051 -B 4/21/2009 Cash Payment E 281 -45210 -301 Auditing and Acct'g Servi 03 -20 -09 CCH TAX COMPLAINCE, FIXED $85.43 Invoice 5252 -C ASSET SOFTWARE 4/21/2009 PO 21540 • Cash Payment E 602 -49450 -221 Equipment Parts 03 -30 -09 NORTHERN TOOL, BALL MOUNT $19.24 Invoice 7339 -C 4/21/2009 Cash Payment E 475 -46386 -300 Professional Srvs 03 -24 -09 UPS ON LINE, BECKEL DELIVERY $16.63 Invoice 3537 4/21/2009 PO 21462 Cash Payment E 101 -41910 -210 Operating Supplies 03 -23 -09 INET INTERNET SERVICE $58.75 Invoice 9531 4/21/2009 Cash Payment E 675 -49425 -301 Auditing and Acct'g Servi 03 -20 -09 CCH TAX COMPLAINCE, FIXED $52.45 ASSET SOFTWARE Invoice 5252 -1 4/21/2009 PO 21540 Cash Payment E 670 -49500 -301 Auditing and Acct'g Servi 03 -20 -09 CCH TAX COMPLAINCE, FIXED $52.45 ASSET SOSFTWARE Invoice 5252 -H 4/21/2009 PO 21540 Cash Payment E 609 -49750 -301 Auditing and Acct'g Servi 03 -20 -09 CCH TAX COMPLAINCE, FIXED $329.74 ASSET SOFTWARE Invoice 5252 -G 4/21/2009 PO 21540 Cash Payment E 602- 49450 -301 Auditing and Acct'g Servi 03 -20 -09 CCH TAX COMPLIANCE, FIXED $199.04 ASSET SOFTWARE Invoice 5252 -F 4/21/2009 PO 21540 Cash Payment E 601 -49400 -301 Auditing and Acct'g Servi 03 -20 -09 CCH TAX COMPLIANCE, FIXED $185.37 ASSET SOFTWARE Invoice 5252 -E 4/21/2009 PO 21540 Cash Payment E 401 -43108 -301 Auditing and Acct'g Servi 03 -20 -09 CCH TAX COMPLAINCE, FIXED $103.54 ASSET SOFTWARE Invoice 5252 -D 4/21/2009 PO 21540 Cash Payment E 101 - 43100 -430 Miscellaneous 04 -01 -09 MY WEATHER $1.98 Invoice 4051 -A 4/21/2009 Cash Payment E 101- 42110 -431 Meeting Expense 03 -13 -09 OX YOKE, SUPERVISORS LUNCH $35.68 • MEETING Invoice 1902 4/21/2009 City of Mound 05/07/09 9:07 AM • Payments Page 2 CITY OF MOUND 10 Current Period: April 2009 Cash Payment E 101 -41500 -301 Auditing and Acct'g Servi 03 -20 -09 CCH TAX COMPLAINCE, FIXED $466.93 ASSET SOFTWARE Invoice 5252 -A 4/21/2009 PO 21540 Cash Payment G 101 -13100 Due From Other Funds Invoice 1732 4121/2009 PO 21545 Cash Payment G 101 -13100 Due From Other Funds Invoice 4231 4/21/2009 Cash Payment E 101 - 45200 -218 Clothing and Uniforms Invoice 4581 4/21/2009 Cash Payment E 101 - 42110 -434 Conference & Training 03 -16 -09 TARGET, RESIDENT MTG 03 -11 -09 UPS, PRIORITY MAIL 03 -07 -09 KOHLS, UNIFORMS, FACKLER 04 -03 -09 MSP AIRPORT, PARKING, CHIEF, DOMESTIC VOILENCE TRAINING Invoice 5398 4/21/2009 Cash Payment E 101- 42110 -434 Conference & Training 04 -03 -09 DELTA AIR, LUGGAGE, CHIEF, DOMESTIC VOILENCE TRAINING Invoice 8598 4/21/2009 Cash Payment E 101 - 42110 -434 Conference & Training Invoice 9130 4/21/2009 Cash Payment E 101 -43100 -221 Equipment Parts Invoice 7339 -A 4/21/2009 Cash Payment E 101 - 42110 -400 Repairs & Maintenance Invoice 3151 4/21/2009 Cash Payment E 601 -49400 -221 Equipment Parts Invoice 7339 -B 4/21/2009 Cash Payment E 222 - 42260 -434 Conference & Training Invoice 1671 4/21/2009 PO 21506 Cash Payment E 222 - 42260 -434 Conference & Training Invoice 9398 4/21/2009 PO 21507 Cash Payment E 222 - 42260 -430 Miscellaneous Invoice 7950 4/21/2009 Cash Payment E 222 -42260 -210 Operating Supplies Invoice 2923 4/2112009 PO 21501 Cash Payment E 222 - 42260 -434 Conference & Training Invoice 9536 4/21/2009 Cash Payment E 222 - 42260 -434 Conference & Training 03 -30 -09 CRAGUNS LODGE, QUAAS, CREDIT ON 05 -21 -09 STATEMENT 03 -30 -09 NORTHERN TOOL, BALL MOUNT 03-23-091 & I INTERNET 03 -30 -09 NORTHERN TOOL, BALL MOUNT 03 -30 -09 NWA AIR TO INDIANAPOLIS, JAKUBIC 03 -27 -09 FDIC, WORKSHOP, JAKUBIK 03 -10 -09 EBAY, SELLING FEES 03 -09 -09 SHOP123GO, TOILET BAGS FOR RESCUES 03 -09 -09 NWA AIR, JAKUBIK 03 -09 -09 NWA AIR, DIRECT TICKETING CHARGE Invoice 8841 4/2112009 Cash Payment E 222 -42260 -301 Auditing and Acct'g Servi 03 -20 -09 CCH TAX COMPLIANCE, FIXED ASSET SOFTWARE Invoice 5252 -B 4/21/2009 PO 21540 $15.98 $16.19 $31.99 $90.00 $15.00 $125.00 $19.23 $29.97 $19.23 $87.52 $165.00 $159.34 $69.15 $321.69 $20.00 $233.55 Cash Payment E 101 - 42110 -434 Conference & Training 03 -30 -09 CRAGUNS LODGE, HAWKS, PLEAA $125.00 TRAINING Invoice 9122 4/21/2009 Transaction Date 4/2312009 Due 0 Wells Fargo 10100 Total $4,423.84 -857- CITY OF MOUND Fund Summary 101 222 281 401 475 601 602 609 670 675 City of Mound Payments 05/07/09 9:07 AM Page 3 Current Period: April 2009 BATCH Total $4,423.84 10100 Wells Fargo $1,478.34 $1,056.25 $85.43 $103.54 $16.63 $1,028.74 $220.27 $329.74 $52.45 $52.45 $4,423.84 Pre - Written Check $4,423.84 Checks to be Generated by the Compute $0.00 Total $4,423.84 01 01 . A ' • CITY OF MOUND City of Mound Payments Current Period: April 2009 Batch Name 042209SUE User Dollar Amt $6,042.69 Payments Computer Dollar Amt $6,042.69 $0.00 in Balance Refer 42209 HILD MATTHEW Cash Payment R601-49400-36200 Miscellaneous Reven REFUND WATER/SEWER Invoice 042209 4/22/2009 04/23/09 3:09 PM Page 1 $15.13 Transaction Date 4/20/2009 Wells Fargo 10100 Total $15.13 Refer 42209 HOME DEPOT CREDIT (FIRE) Cash Payment E 222 -42260 -210 Operating Supplies FINANCE CHARGE $12.05 Invoice 042209 4/22/2009 Transaction Date 4/22/2009 Wells Fargo 10100 Total $12.05 Refer 42209 IKON OFFICE MACHINES _ Cash Payment E 222 - 42260 -202 Duplicating and copying 04 -27 -09 THRU 07 -26 -09 COPIER $101.23 MAINTENACE Invoice 79117506 4/22/2009 Transaction Date 4/22/2009 Wells Fargo 10100 Total $101.23 Refer 42209 JAKUS K, MATTHEW _ Cash Payment E 222 -42260 -200 Office Supplies COMPUTER ADAPTER $36.99 042209 4/22/2009 •Invoice Transaction Date 4/2212009 Wells Fargo 10100 a Total $36.99 Refers 42209 LEAGUE MN CITIES INSURANCE T _ Cash Payment E 601 -49400 -361 General Liability Ins #11068206 03 -14 -09 VEHICLE DAMAGE $714.60 Invoice 11068206 4/22/2009 Transaction Date 4/20/2009 Wells Fargo 10100 Total $714.60 Refer 42209 LOCKRIDGE GRINDAL NAUEN, P.L Cash Payment E 475 -46386 -300 Professional Srvs 03 -09 FEDERAL RELATIONS $2,562.50 Invoice 32261 4/2212009 Cash Payment E 475 - 46386 -300 Professional Srvs 03 -09 FEDERAL LOBBYING $437.50 Invoice 32262 4/22/2009 Transaction Date 4/23/2009 4. Wells Fargo 10100 Total $3,000.00 Refer 42209 MEDINA, CITY OF _ Cash Payment G 101 -20800 Due to Other Governments 03 -17 -09 SAFE AND SOBER $320.33 Invoice 042209 4/22/2009 Transaction Date 4/20/2009 Wells Fargo 10100 Total $320.33 Refer 42209 ORONO, CITY OF Cash Payment G 101 -20800 Due to Other Governments 03 -17 -09 SAFE AND SOBER $279.91 Invoice 042209 4/22/2009 Transaction Date 4/20/2009 Wells Fargo 10100 Total $279.91 Refer 42209 POSTMASTER Cash Payment E 101 -41110 -322 Postage SUMMER 2009 NEWSLETTER Invoice 042209 4/22/2009 $808.57 •Transaction Date 4123/2009 Wells Fargo 10100 Total F $808.57 Refer 42209 TRUE VALUE, MOUND _ Cash Payment E 101 - 42110 -402 Building Maintenance FLAG POLE ROPE $29.45 Invoice 56943 -A 4/2212009 City of Mound 04/23/09 3:09 PM I, Page 2 Payments CITY OF MOUND Current Period: April 2009 Pre - Written Check $0.00 Checks to be Generated by the Compute $6,042.69 Total $6,042.69 :.1 *I • Cash Payment E 222 - 42260 -402 Building Maintenance FLAG POLE ROPE $29.44 Invoice 56943 -B 4/22/2009 Cash Payment E 222 -42260 -210 Operating Supplies SCREWS, NUTS, BOLTS $34.50 Invoice 57395 4/22/2009 Cash Payment E 222 -42260 -210 Operating Supplies PLIER, SCREWS, NUTS, BOLTS $18.56 Invoice 57569 4/22/2009 Transaction Date 4/21/2009 Wells Fargo 10100 Total $111.95 Refer 42209 WEST HENNEPIN PUBLIC SAFETY Cash Payment G 101 -20800 Due to Other Governments 03 -17 -09 SAFE AND SOBER $523.25 Invoice 042209 4/22/2009 Transaction Date 4/20/2009 Rm+y -42209 Wells Fargo 10100 Total $523.25 Refer WOYTCKE, DENNIS E, Cash Payment E 222 -42260 -212 Motor Fuels 03 -25 -09 RED RIVER VALLEY $93.00 Invoice 042209 4/22/2009 Transaction Date 4/21/2009 ff Wells Fargo 10100 Total $93.00 Refer 42209 XCEL ENERGY _ Cash Payment E 101 -42115 -381 Electric Utilities 03 -09 #51- 6002835 -9 $25.68 Invoice 267453898 4/22/2009 Transaction Date 4/21/2009 Wells Fargo 10100 Total $25.68 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $1,987.19 222 AREA FIRE SERVICES $325.77 475 TIF 1 -3 Mound Harbor Renaissan $3,000.00 601 WATER FUND $729.73 $6,042.69 Pre - Written Check $0.00 Checks to be Generated by the Compute $6,042.69 Total $6,042.69 :.1 *I • 10 I� CITY OF MOUND Batch Name 042909SUE Payments City of Mound Payments Current Period: April 2009 User Dollar Amt Computer Dollar Amt $73,866.65 $73,866.65 $0.00 In Balance Refer 42909 FERRARA, RALPH _ Cash Payment R 281 -45210 -34735 Multiple Slip Permits REFUND VILLA SLIP #5 Invoice 042909 4/29/2009 Cash Payment R 281 -45210 -34705 LMCD Fees REFUND VILLA SLIP #5 Invoice 042909 412912009 Cash Payment R 281 -45210 -34725 Dock Permits REFUND VILLA SLIP #5 KEY DEPOSIT Invoice 042909 4/29/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Refer 42909 LEAGUE MN CITIES INSURANCE T Cash Payment E 101 -41110 -361 General Liability Ins 1ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 10141310 -361 General Liability Ins 1 ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 101-41500-361 General Liability Ins 1ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 10141600 -361 General Liability Ins 1ST QTR GEN LIABILITY 30954 4/29/2009 •Invoice Cash Payment E 101 -41910 -361 General Liability Ins 1ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 101 -42110 -361 General Liability Ins 1ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 10142115 -361 General Liability Ins 1ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 101 -42400 -361 General Liability Ins 1ST QTR GEN LIABILITY Invoice 30954 4129/2009 Cash Payment E 101 -43100 -361 General Liability Ins 1ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 101 -45200 -361 General Liability Ins 1 ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 222 -42260 -361 General Liability Ins 1ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 281 -45210 -361 General Liability Ins 1 ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 28546388 -361 General Liability Ins 1 ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 60149400 -361 General Liability Ins 1ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 602 -49450 -361 General Liability Ins 1ST QTR GEN LIABILITY Invoice 30954 4/29/2009 Cash Payment E 609 -49750 -361 General Liability Ins 1 ST QTR GEN LIABILITY Invoice 30954 4/29/2009 05/01/09 8:22 AM Page 1 $823.00 14 ti \ b $18.75 'Q ( t $50.00 V (D 6 '�:' Total $891.75 $3,143.45 $926.03 $1,194.88 $219.06 $482.93 $7,039.83 $99.57 $1,135.14 $7,184.22 $1,623.05 $8,687.77 $861.31 $102.83 $7,328.60 $6,780.94 $10,292.89 Cash Payment E 281 - 45210 - 361 General Liability Ins 1ST QTR DOCK FOR VILLAS ON LOST LAKE •Invoice 30954 4/29/2009 Cash Payment E 285 -46388 -361 General Liability Ins PARKING DECK I PROPERTY INSURANCE Invoice 30954 4/29/2009 :- $4,833.00 -AVM Ut -kAX- PAA T $4,937.00 City of Mound 05101/09 8:22 AM Page 2 Payments CITY OF MOUND Current Period: April 2009 =: �'c7 as �tsc�`R Jw 5' ... w�- �c'}c+mt� t x _., , s. 1,. x �r -qr �u-� �ragK � +;•.. Cash Payment E 101 -41110 -361 General Liability Ins 2009 OPEN MEETING LAW $419.00 Invoice 30956 4/29/2009 Cash Payment E 609 -49750 -361 General Liability Ins 2009 LIABIILTY COVERAGE $5,202.00 Invoice 30955 4/29/2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $72,493.50 Refer 42909 XCEL ENERGY _ Cash Payment G 602 -16325 Fixed Asset- Distribution Sy #51- 9137456 -8 REPAIR UNDERGROUND $481.40 WIRE Invoice 264943418 4/29/2009 Project PW0804 Transaction Date 4/27/2009 Wells Fargo 10100 Total $481.40 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $23,467.16 222 AREA FIRE SERVICES $8,687.77 281 COMMONS DOCKS FUND $6,586.06 285 MOUND HRA $5,039.83 601 WATER FUND $7,328.60 602 SEWER FUND $7,262.34 609 MUNICIPAL LIQUOR FUND $15,494.89 $73,866.65 Pre - Written Check $0.00 Checks to be Generated by the Compute $73,866.65 Total $73,866.65 01 • is I6 I* CITY OF MOUND Batch Name 050609SUE Payments City of Mound Payments 05/06/09 2:21 PM Page 1 Current Period: May 2009 ,. .... User Dollar Amt Computer Dollar Amt Refer 50609 CANNON, DELON Cash Payment G 101 -22803 Police Reserves Invoice 050609 516/2009 $22,936.23 $22,936.23 $0.00 In Balance 2008 EMERGENCY CALLOUTS $10.00 Transaction Date 5/4/2009 Wells Fargo 10100 Total $10.00 Refer 50609 FERRARA, RALPH Cash Payment R 281 -45210 -34705 LMCD Fees REFUND VILLA SLIP #5 $18.75 Invoice 050609 5/6/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total Cash Payment R 281 -45210 -34735 Multiple Slip Permits REFUND VILLA SLIP #5 $823.00 Invoice 050609 5/6/2009 $10.00 Invoice 050609 5/6/2009 Cash Payment R 281 -45210 -34725 Dock Permits REFUND VILLA SLIP #5 KEY DEPOSIT $50.00 Invoice 050609 5/6/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $891.75 Refer 50609 GABLES, CLINT _ Invoice 050609 5/6/2009 Cash Payment G 101 -23007 Erosion Control Escrow 4621 KILDARE #2005 -00634 $500.00 Invoice 050609 5/6/2009 Cash Payment G 101 -22803 Police Reserves Transaction Date 5/5/2009 Wells Fargo 10100 Total $500.00 Refer 50609 HENNEPIN COUNTY TREASURER Cash Payment E 475 - 46386 -438 Licenses and Taxes #13- 117 -24 -33 -0005 5555 SHORELINE DRIVE $11,639.67 Invoice 1311724330005- 5/6/2009 Cash Payment E 475 - 46386 -438 Licenses and Taxes #13- 117 -24 -33 -0006 5545 SHORELINE DRIVE $2,977.84 Invoice 1311724330006- 5/6/2009 Cash Payment E 101 - 49999 -430 Miscellaneous #19- 117 -23 -22 -0010 SETON CHANNEL LAND $64.31 Invoice 1911723220010 5/6/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $14,681.82 Refer 50609 HUGHES, TIMOTHY Cash Payment G 101 -22803 Police Reserves 2008 EMERGENCY CALLOUTS $30.00 Invoice 050609 5/6/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $30.00 Refer y 50609 HWAY, ZACH _,m... . Cash Payment G 101 -22803 Police Reserves 2008 EMERGENCY CALLOUTS $10.00 Invoice 050609 5/6/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $10.00 Refer 50609 JAKUBIK, MATTHEW _ Cash Payment E 222 - 42260 -434 Conference & Training 04 -30 -09 INSTRUCTORS CONFERENCE, $254.00 INDIANA Invoice 050609 5/6/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $254.00 Refer 50609 LEE, JEREMIAH _ Cash Payment G 101 -22803 Police Reserves 2008 EMERGENCY CALLOUTS $70.00 050609 5/6/2009 •Invoice Transaction Date 5/4/2009 Wells Fargo 10100 Total $70.00 Refer 50609 MCCARVILLE, MICHAEL�������� Cash Payment E 222 - 42260 -409 Other Equipment Repair Invoice 050609 5/6/2009 Cash Payment E 101 - 42110 -430 Miscellaneous Invoice 050609 5/6/2009 Transaction Date 5/5/2009 Refer 50609 OWENS, SCO TT EXERCISE EQUIPMENT PARTS $67.00 EXERCISE EQUIPMENT PARTS $67.00 Wells Fargo 10100 Total $134.00 Cash Payment R 281 -45210 -34705 LMCD Fees MOVED FROM VILLA SLIP TO CENTERVIEW $7.50 SLIP Invoice 050609 5/6/2009 Cash Payment R 281 -45210 -34725 Dock Permits MOVED FROM VILLA SLIP TO CENTERVIEW $562.50 SLIP Invoice 050609 5/6/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $570.00 Refer 50609 PEDERSON, GREG Cash Payment E 101 - 42115 -431 Meeting Expense FOOD SUPPLIES $1,054.33 Invoice 050609 5/6/2009 Project 09009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $1,054.33 Refer 50609 SANDE, LORI Cash Payment G 101 -22803 Police Reserves 2008 EMERENCY CALLOUTS $10.00 Invoice 050609 5/6/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $10.00 Refer 50609 SIMON, STEWART Cash Payment G 101 -22803 Police Reserves 2008 EMERGENCY CALLOUTS $70.00 Invoice 050609 5/6/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $70.00 Refer 50609 STEELE, TAMI _ Cash Payment G 101 -22803 Police Reserves 2008 EMERGENCY CALLOUTS $10.00 Invoice 050609 5/6/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $10.00 Refer 50609 TRUE VALUE, MOUND Cash Payment E 222 -42260 -210 Operating Supplies TOOL HOLDER $14.36 Invoice 058008 5/6/2009 Cash Payment E 222 -42260 -210 Operating Supplies RETURN WALL HOOK -$4.78 Invoice 058014 5/6/2009 Cash Payment E 222 - 42260 -210 Operating Supplies MORTON PELLETS $234.50 Invoice 058160 -A 5/6/2009 Cash Payment E 101 -42110 -210 Operating Supplies MORTON PELLETS $234.49 Invoice 058160 -B 5/6/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $478.57 Refer 50609 WAYZATA, CITY OF Cash Payment E 101 - 43100 -500 Capital Outlay FA #9585, #109 FORD F450 LICENSE $658.53 Invoice 050609 -A 5/6/2009 PO 21558 Cash Payment E 601 -49400 -500 Capital Outlay FA #9585, #109 FORD F450 LICENSE $658.53 Invoice 050609 -B 5/6/2009 PO 21558 Cash Payment E 602 -49450 -500 Capital Outlay FA #9585, #109 FORD F450 LICENSE $658.52 Invoice 050609 -C 5/6/2009 PO 21558 W.T.On 61 • I, CITY OF MOUND City of Mound Payments 05/06/09 2:21 PM Page 3 Current Period: May 2009 `M'I ae: 5�.. � -.-a. � '. 4, v.v .. . a: i w .. <<:. =T Cash Payment E 101 -43100 -500 Capital Outlay FA #9584, #209 FORD F550 $713.73 Invoice 050609 -D 5/6/2009 PO 21558 281 COMMONS DOCKS FUND $1,461.75 Cash Payment E 601 -49400 -500 Capital Outlay FA #9584, #209 FORD F550 $713.73 Invoice 050609 -E 5/6/2009 PO 21558 .... ..........._................... $1,372.24 .............................. Cash Payment E 602 -49450 -500 Capital Outlay FA #9584, #209 FORD F550 $713.72 Invoice 050609 5/6/2009 PO 21558 Transaction Date 5/4/2009 Wells Fargo 10100 Total $4,116.76 Refer 50609 WEIST, KATHY Cash Payment E 101 -42115 -431 Meeting Expense COOKING PROPANE $45.00 Invoice 050609 5/6/2009 Project 09009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $45.00 Fund Summary 14D • 10100 Wells Fargo 101 GENERAL FUND $3,547.39 222 AREA FIRE SERVICES $565.08 281 COMMONS DOCKS FUND $1,461.75 475 TIF 1 -3 Mound Harbor Renaissan $14,617.51 601 WATER FUND $1,372.26 602 SEWER FUND $1,372.24 $22,936.23 Pre - Written Check $0.00 Checks to be Generated by the Compute $22,936.23 Total $22,936.23 City of Mound 05/06/09 2:47 PM Page 1 Payments CITY OF MOUND Current Period: May 2009 .:.�.w Batch Name Name 050609SUE2 User Dollar Amt $190.00 Payments Computer Dollar Amt $190.00 101 GENERAL FUND 10100 Wells Fargo $190.00 $190.00 Pre - Written Check $0.00 Checks to be Generated by the Compute $190.00 Total $190.00 01 *I � 0 CITY OF MOUND Batch Name 051209SUE Payments City of Mound Payments 05107/09 8:51 AM Page 1 Current Period: May 2009 .n F .• #_ro. ,.� F rf,. r.a :r.M^^2' * •r rn rt n2 User Dollar Amt $320,553.33 Computer Dollar Amt $320,553.33 $0.00 In Balance Refer 51209 AECOM INCORPORATED _ Cash Payment E 475 -46386 -300 Professional Srvs THOU 04 -10 -09 PRE -DEMO SURVEY BECKEL $2,763.76 PROPERTY Invoice 446792 5/12/2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $2,763.76 Refer 51209 ALLIED WASTE SERVICES #894 Cash Payment E 101 -43100 -384 Refuse /Garbage Dispos 05 -09 GARBAGE SERVICE $52.31 Invoice 051209 5/12/2009 Cash Payment E 601 -49400 -384 Refuse /Garbage Dispos 05 -09 GARBAGE SERVICE $52.31 Invoice 051209 5/12/2009 Cash Payment E 602 -49450 -384 Refuse /Garbage Dispos 05 -09 GARBAGE SERVICE $52.30 Invoice 051209 5/12/2009 Cash Payment E 670- 49500 -440 Other Contractual Servic 04 -09 CURBSIDE RECYCLING $14,280.21 Invoice 051209 5/12/2009 Cash Payment E 101 -42110 -384 Refuse /Garbage Dispos 05 -09 GARBAGE SERVICE $112.14 Invoice 051209 5/12/2009 Payment E 222 -42260 -384 Refuse /Garbage Dispos 05 -09 GARBAGE SERVICE $112.14 •Cash Invoice 051209 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total . I $14 661.41 Refer 51209 AMERICAN MESSAGING _ Cash Payment E 222 - 42260 -325 Pagers -Fire Dept. 05 -09 PAGER SERVICE $111.15 Invoice D2044078JE 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $111.15 Refer 51209 AMUNDSON, M. LLP Cash Payment E 609 -49750 -256 Tobacco Products For R CIGARETTES $495.22 Invoice 60361 5/12/2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $495.22 Refer 51209 APPROVED EQUAL COMPANY Cash Payment E 222 - 42260 -440 Other Contractual Servic DISCHARGE AIR SENSORS $313.75 Invoice 10289 -A 5/12/2009 Cash Payment E 101 - 42110 -440 Other Contractual Servic DISCHARGE AIR SENSORS $313.75 Invoice 10289 -B 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $62 7.50 Refer 51209 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609- 49750 -255 Misc Merchandise For R ICE $81.08 Invoice 459911303 -A 5/12/2009 Cash Payment E 609 -49750 -265 Freight 04 -23 -09 DELIVERY CHARGE $1.00 Invoice 459911303 -B 5/12/2009 Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $172.41 Invoice 384912209 -A 5/1212009 •Cash Payment E 609 -49750 -265 Freight 05 -02 -09 DELIVERY CHARGE $1.00 Invoice 384912209 -B 5/12/2009 Transaction Date 4128/2009 Wells Fargo 10100 Total $255.49 Refer 51209 ARSON INVESTIGATORS MINNES :. City of Mound 05/07/09 8:52 AM I, Page 2 Payments • CITY OF MOUND Current Period: May 2009 Cash Payment E 222-42260-433 Dues and Subscriptions 2009 MEMBERSHIP DUES, MYERS Invoice 051209 5/12/2009 $25.00 Transaction Date 5/6/2009 Wells Fargo 10100 Total $25.00 Refer- -51209 ASPEN EMBROIDERYAND DESIG- Cash Payment E 101-43100-218 Clothing and Uniforms EMBOIDER LOGO $21.30 Invoice 051209 5/12/2009 Transaction Date 5/612009 Wells Fargo 10100 Total $21.30 Refer 51209 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $627.95 Invoice 48703200-A 5/12/2009 Cash Payment E 609-49750-253 Wine For Resale WINE $730.00 Invoice 48703200-B 5/12/2009 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE $29.70 Invoice 82128300-A 5/12/2009 Cash Payment E 609-49750-200 Office Supplies PAPER TOWELS $86.00 Invoice 82128300-B 5/12/2009 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $117.36 Invoice 82128300-C 5/12/2009 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,295.10 Invoice 48777600-A 5/12/2009 Cash Payment E 609-49750-253 Wine For Resale WINE $74.00 Invoice 48777600-B 5/12/2009 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $317.05 Invoice 48841100 -A 5/12/2009 Cash Payment E 609-49750-265 Freight 05-01-09 DELIVERY CHARGE $5.10 Invoice 48841100 -B 5/1212009 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE $126.72 Invoice 82179300-A 5/12/2009 Cash Payment E609-49750-210 Operating Supplies BAGS $199.67 Invoice 82179300-B 5/12/2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $3,608.65 Refer 51209 BERRY COFFEE COMPANY Cash Payment E 222-42260-210 Operating Supplies COFFEE $44.95 Invoice 789879 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $44.95 Refer 51209 BILDEAUX SERVICES Cash Payment G 101-22801 Deposits/Escrow CHAINSAW SAFETY SEMINAR INVOICE $143.55 #1434 Invoice 051209 5/12/2009 Cash Payment E 101 - 43100 -434 Conference & Training CHAINSAW SAFETY SEMINAR $143.57 Invoice 051209 5112/2009 Cash Payment E 602-49450-434 Conference & Training CHAINSAW SAFETY SEMINAR $143.57 Invoice 051209 5/12/2009 Cash Payment E 101- 45200 -434 Conference & Training CHAINSAW SAFETY SEMINAR $143.56 Invoice 051209 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $574.25 Refer 51209 BLUE LAGOON MARINE • • City Of Mound 05/07/09 8:52 AM Page 3 Payments CITY OF MOUND Current Period: May 2009 r tz jm- n .., R t.. . _... Cash Payment E 222 - 42260 -409 Other Equipment Repair PUMP KIT $335.13 Invoice 2068854 5/1212009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $335.13 Refer 51209 BRYAN ROCK PRODUCTS _ Cash Payment E 101 -45200 -232 Landscape Material 3 "-4" SC CLEAN $481.99 Invoice 31145 5/12/2009 Transaction Date 4127/2009 Wells Fargo 10100 Total $481.99 Refer 51209 CARQUEST OF NAVARRE (PA40 _ Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs OIL FILTERS $4.77 Invoice 6974 - 92405 -A 5/12/2009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs OIL FILTERS $118.04 Invoice 6974 - 92405 -B 5/12/2009 Cash Payment E 101- 42110 -404 Machinery/Equip Repairs RETURN —COIL -$27.89 Invoice 6974 -93182 5/12/2009 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #843 COOLANT, TECHRON, ETC $118.86 Invoice 6974 -92998 5/12/2009 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #843 BRAKE PAD $80.91 Invoice 6974 -93023 5/1212009 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #851 WIPER BLADES $46.82 •Invoice 6974 -92984 5/12/2009 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #843 TRANSMISSION FILTER KIT $22.30 Invoice 6974 -93030 5/12/2009 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #843 TRANSMISSION FILTER $13.48 Invoice 6974 -93032 5/12/2009 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #843 BRAKE PAD $74.32 Invoice 6974 -93113 5/12/2009 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #840 OIL FILTER $4.76 Invoice 6974 -92942 5/12/2009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #1105 WIPER BLADES $21.26 Invoice 6974 -93276 5/12/2009 Cash Payment E 101- 43100 -404 Machinery/Equip Repairs LEVER HOOK BLO -GUN $12.91 Invoice 6974 -93376 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $490.54 Refer 51209 CAT AND FIDDLE BEVERAGEx Cash Payment E 609 -49750 -253 Wine For Resale WINE $290.00 Invoice 81838 5/12/2009 Transaction Date 514/2009 Wells Fargo 10100 Total $290.00 Refer 51209 CLARK PRODUCTS, INCORPORAT Cash Payment E 101 -41110 -431 Meeting Expense PAPER CUPS $121.41 Invoice 39255 5/12/2009 PO 21303 Transaction Date 4/28/2009 Wells Fargo 10100 Total $121.41 Refer 51209 COCA COLA BOTTLING - MIDWEST w N Cash Payment E 609 -49750 -255 Misc Merchandise For R MIX $526.26 •Invoice 0138054126 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $526.26 Refer 51209 CONWAY, DAVID _ -869- City Of Mound 05/07/09 8:52 AM I, Page 4 Payments • CITY OF MOUND Current Period: May 2009 ;fawz a«w* Cash Payment E 602 - 49450 -440 Other Contractual Servic 2124 SOUTHVIEW LANE SEWER FLUSH $494.00 Invoice 051209 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $494.00 Refer 51209 COPY IMAGES, INCORPORATED - - - - -- - Cash Payment E 101 - 41910 -440 Other Contractual Servic 05 -09 COPIER MAINTENANCE $200.00 Invoice 107466 5/12/2009 Cash Payment E 101 - 41910 -200 Office Supplies TONER CARTRIDGE $17.82 Invoice 107466 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $217.82 Refer 51209 COVERALL CLEANING CONCEPTS _ Cash Payment E 101 - 41910 -460 Janitorial Services 05 -09 CLEANING SERVICE $1,466.51 Invoice 7070142112 5/12/2009 Transaction Date 5/512009 Wells Fargo 10100 Total $1,466.51 Refer 51209 DAY DISTRIBUTING COMPANY Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,508.90 Invoice 500951 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $58.30 Invoice 500952 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $162.90 Invoice 501750 5/12/2009 • Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,734.35 Invoice 501959 5/12/2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $5,464.45 Refer 51209 DOCKMASTERS OF LAKE M/NNET _ Cash Payment E 101 - 45200 -400 Repairs & Maintenance INSTALL DOCK SECTIONS $551.67 Invoice 201695 -A 5/12/2009 Cash Payment E 281 - 45210 -440 Other Contractual Servic INSTALL DOCK SECTIONS $5,689.38 Invoice 201695 -B 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $6,241.05 Refer 51209 DULCET FOUNTAINS Cash Payment E 675 -49425 -220 Repair /Maint Supply STANDOFF STRAINER $171.12 Invoice 4606 5/12/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $171.12 Refer 51209 ESS BROTHERS AND SONS, INCO Cash Payment E 602 -49450 -221 Equipment Parts MANHOLE ADJUSTMENT RINGS $1,252.44 Invoice NM1172 5/12/2009 PO 21559 Transaction Date 5/5/2009 Wells Fargo 10100 Total $1,252.44 Refer.... 51209 EXTREME BEVERAGET Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $33.50 Invoice 772667 5/12/2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $33.50 Refer 51209 FIREHOUSE MAGAZINE Cash Payment E222-42260-433 Dues and Subscriptions 2009 ANNUAL SUBSCRIPTION $42.05 • Invoice 051209 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $42.05 Refer 51209 F/RSTLAB 1 0 // ... - i -- CITY OF MOUND I* • City of Mound Payments 05/07/09 8:52 AM Page 5 Current Period: May 2009 mq ✓iY ;'?� - ^ ..xv ... .rr.:.^n:Y:. .;.f� aies�MSxr�nr n.K Cash Payment E 60249450 -305 Medical Services Invoice 99172 5/12/2009 Transaction Date 4/2812009 Wells Fargo 10100 Total $39.00 Refer 51209 FORCE AMERICA INCORPORATE Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #404 REPAIRED CONTROLLER $329.35 Invoice 01321122 5/12/2009 03 -12 -09 POST ACCIDENT SCREENING $39.00 Transaction Date 5/6/2009 Wells Fargo 10100 Total $329.35 Refer 51209 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101 -41910 -321 Telephone & Cells 05 -09 TELEPHONE SERVICE $1,208.89 Invoice 051209 5/12/2009 Cash Payment E 101 -42110 -321 Telephone & Cells 05 -09 TELEPHONE SERVICE $542.98 Invoice 051209 5/12/2009 Cash Payment E 222 -42260 -321 Telephone & Cells 05 -09 TELEPHONE SERVICE $297.10 Invoice 051209 5/1212009 Cash Payment E 101 - 43100 -321 Telephone & Cells 05 -09 TELEPHONE SERVICE $525.48 Invoice 051209 5/12/2009 Cash Payment E 601-49400 -321 Telephone & Cells 05 -09 TELEPHONE SERVICE $525.48 Invoice 051209 5/12/2009 Cash Payment E 602- 49450 -321 Telephone & Cells 05 -09 TELEPHONE SERVICE $525.48 Invoice 051209 5/12/2009 Cash Payment E 101 -45200 -321 Telephone & Cells 05 -09 TELEPHONE SERVICE $88.73 Invoice 051209 5/12/2009 Cash Payment E 609 -49750 -321 Telephone & Cells 05 -09 TELEPHONE SERVICE $768.68 Invoice 051209 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $4,482.82 Refer 51209 G & K SERVICES _ Cash Payment E 609- 49750 -460 Janitorial Services 04 -20 -09 MATS $56.16 Invoice 6543713 5112/2009 Cash Payment E 101-45200 -218 Clothing and Uniforms 04 -27 -09 UNIFORMS $15.92 Invoice 6556208 -A 5/12/2009 Cash Payment E 101 -45200 -210 Operating Supplies 04 -27 -09 MATS $61.81 Invoice 6556208 -B 5/12/2009 Cash Payment E 10142110 -460 Janitorial Services 04 -20 -09 MATS $63.72 Invoice 6543717 5/12/2009 Cash Payment E 10145200-218 Clothing and Uniforms 05 -04 -09 UNIFORMS $19.71 Invoice 6568652 -A 5/12/2009 Cash Payment E 101 -45200 -210 Operating Supplies 05 -04 -09 MATS $63.79 Invoice 6568652 -B 5/12/2009 Cash Payment E 10141910 -460 Janitorial Services 05 -04 -09 MATS $202.19 Invoice 6568651 5/12/2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $483.30 Refer 51209 GARY'S DIESEL SERVICE _ Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #715 WHEEL SEAL $69.35 Invoice 7824 5/12/2009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs WATER CONDITIONER $15.39 Invoice 7728 -A 5/12/2009 Cash Payment E 601 - 49400404 Machinery/Equip Repairs WATER CONDITIONER $15.39 Invoice 7728 -B 5/12/2009 -871- City of Mound 05/07/09 8:52 AM I, Page 6 Payments CITY OF MOUND Current Period: May 2009 x. ... ... ... ,.. ssy. x.. Cash Payment E 602- 49450 -404 Machinery/Equip Repairs WATER CONDITIONER $15.38 Invoice 7728 -C 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $115.51 Refer 51209 GOPHER STATE ONE CALL Cash Payment E 601 -49400 -395 Gopher One -Call 04 -09 LOCATES $89.18 Invoice 9040709 -A 5/12/2009 Cash Payment E 602 -49450 -395 Gopher One -Call 04 -09 LOCATES $89.18 Invoice 9040709 -B 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $178.36 Refer 51209 GOVERNMENT FINANCE OFFICER Cash Payment E 101 - 41500 -433 Dues and Subscriptions 2009 MEMBERSHIP DUES, FINANCE $170.00 DIRECTOR Invoice 051209 5/12/2009 Transaction Date 5/6/2009 _ Wells Fargo 10100 Total $170.00 Refer..,., 51209 GRIGGS COOPER AND COMPANY _ Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $10,292.34 Invoice 221417 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $47.95 Invoice 221416 5/12/2009 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa CREDIT —MIX _$112.29 Invoice 775427 5/12/2009 Cash Payment E 609 -49750 -254 Soft Drinks/Mix For Resa MIX $28.94 Invoice 217770 5/12/2009 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $4,198.58 Invoice 217769 5/12/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $0.00 Invoice 216698 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $407.60 Invoice 216705 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,474.00 Invoice 221415 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $17,337.12 Refer 51209 HD SUPPLY WATERWORKS, LTD _ Cash Payment E 601 -49400 -224 Street Maint Materials COUPLING, PLUGS, ETC. $305.14 Invoice 8896287 5/12/2009 PO 21557 Transaction Date 5/6/2009 Wells Fargo 10100 Total $305.14 Refer 51209 HENNEPIN COUNTY SHERIFF'S A _ Cash Payment E 101 - 41600 -450 Board of Prisoners 03 -09 PROCESSING FEE $549.35 Invoice 2431 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $549.35 Refer 51209 HENNEPIN TECHNICAL COLLEGE 01 Cash Payment E 222 - 42260 -434 Conference & Training FIRE OFFICER I, LARSON $742.90 Invoice 00148314 -C 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $742.90 • Refer 51209 HOHENSTEINS, INCORPORATED Cash Payment E 609 -49750 -252 Beer For Resale BEER $301.00 Invoice 483584 5/12/2009 -872- City Of Mound 05/07/09 8:52 AM A Page 7 • Payments CITY OF MOUND Current Period: May 2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $301.00 Refer 51209 HYDROLOGIC WATER MANAGEM Cash Payment E 101 -45200 -220 Repair /Maint Supply SPRINKLER PARTS $250.13 Invoice 0380925 5/12/2009 PO 21556 Cash Payment E 101 - 45200 -220 Repair /Maint Supply KEY PIN $13.69 Invoice 0381466 5/12/2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $263.82 Refer 51209 INFRATECH Cash Payment E 401 -43108 -500 Capital Outlay FA SEWER JOINT GROUTING $27,816.12 Invoice PR90176 5/12/2009 Project PWO801 Transaction Date 5/4/2009 Wells Fargo 10100 Total $27,816.12 Refer 51209 JESSEN PRESS INCORPORATED Cash Payment E 101-41110-350 Printing 2009 SUMMER NEWSLETTER $1,217.30 Invoice 14328 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $1,217.30 Refer 51209 JOHNS VARIETY AND PETS _ Cash Payment E 101 - 42110 -200 Office Supplies IDENTIFICATION PAPER $8.19 Invoice 708682 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $8.19 Refer 51209 JOHNSON BROTHERS LIQUOR Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,498.50 Invoice 1618944 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,354.55 Invoice 1618945 5/12/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $3,497.34 Invoice 1622840 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,759.35 Invoice 1622841 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $10,109.74 Refer 51209 JUBILEE FOODS _ Cash Payment E 101- 41110 -434 Conference & Training 02 -19 -09 SAFETY TRAINING $36.71 Invoice 051209 5/12/2009 Cash Payment E 101 - 41110 -434 Conference & Training 02 -18 -09 SAFETY TRAINING $40.63 Invoice 051209 5/12/2009 Cash Payment E 222 - 42260 -431 Meeting Expense 02 -18 -09 FIRE COMMISSION MEETING $62.78 Invoice 051209 5/12/2009 Cash Payment E 222 -42260 -210 Operating Supplies 03 -23 -09 HAZ MAT CALL $46.95 Invoice 051209 5/12/2009 Cash Payment E 222 -42260 -210 Operating Supplies 03 -24 -09 RED RIVER, FARGO, MOORHEAD $72.85 Invoice 051209 5/12/2009 Cash Payment E 101- 42110 -431 Meeting Expense 03 -20 -09 DEPARTMENT MEETING $26.67 Invoice 051209 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $286.59 Refer 51209m LAKE MINNETONKA COMM. COM Cash Payment E 101 -49840 -300 Professional Srvs 1ST QTR PEG ACCESS FEE $11,361.24 Invoice 051209 5/12/2009 -873- City Of Mound 05/07/09 8:52 AM Page 8 Payments CITY OF MOUND Current Period: May 2009 .. Vii„ ., ..< „ ..x ,�:. «.s..mwtP.•��, 4,T�„ -, ,.x. .,u .,...,.ax,m it �.. ,., s r,,.o :..... ,._,.F.:.u.. -.wd •Ren .. <�.:. Transaction Date 4/27/2009 Wells Fargo 10100 Total $11,361.24 Refer 51209 LAKE MINNETO.Y. NKA CONSERVATI Cash Payment E 101 - 41110 -433 Dues and Subscriptions 2ND QTR LEVY PAYMENT $6,283.32 Invoice 051209 _ 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total , -" $6,283.32 1,,,,4.,.,., _ --,-1-1---.-F-.1-7--, . ,,-. , .- .,4.,. -_ Refer 51209 LAKER NEWSPAPER , , -11-.--_o...2_. -.., . .. - .. -- �. , -M.x. ., Cash Payment E 601 -49400 -351 Legal Notices Publishing 04 -25 -09 WATER QUALITY REPORT $411.60 Invoice 914388 5/12/2009 Cash Payment E 601 -49400 -351 Legal Notices Publishing 04 -11 -09 HYDRANT FLUSHING $114.99 Invoice 910404 5/12/2009 Cash Payment E 401 -43109 -300 Professional Srvs 04 -11 -09 STREET BIDS $66.41 Invoice 911383 -A 5/12/2009 Project PWO901 Cash Payment E 401 -43109 -300 Professional Srvs 04 -11 -09 STREET BIDS $33.21 Invoice 911383 -B 5/12/2009 Project PWO901 Cash Payment G 601 -16325 Fixed Asset - Distribution Sy 04 -11 -09 LIFT STATION BIDS $33.21 Invoice 911383 -C 5/12/2009 Project PWO904 Cash Payment E 281 -45210 -351 Legal Notices Publishing 04 -04 -09 SLIP AVAIL $31.79 Invoice 908006 -B 5/12/2009 Cash Payment E 281 -45210 -351 Legal Notices Publishing 04 -04 -09 SEASONAL AD $141.99 Invoice 909355 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $833.20 Refer 51209 LAWSON PRODUCTS, INC _ Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs UTILITY LAMP $16.41 Invoice 8004898 5/12/2009 Cash Payment E 101 -43100 -230 Shop Materials BRAKE CLEAN, ETC $23.96 Invoice 8014739 -A 5/12/2009 Cash Payment E 601 -49400 -230 Shop Materials BRAKE CLEAN, ETC $23.96 Invoice 8014839 -B 5/12/2009 Cash Payment E 602 -49450 -230 Shop Materials BRAKE CLEAN, ETC $23.96 Invoice 8014839 -C 5/1212009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $88.29 Refer 51209 LOBE TECH, INCORPORATED Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs STEEL DRUM $2,369.43 Invoice 1650654 5/12/2009 *I • Transaction Date 5/6/2009 Wells Fargo 10100 Total $2,369.43 Refer 51209 MAINSTREAM SOLUTIONS _ Cash Payment E 222 -42260 -300 Professional Srvs 05 -09 SPAM VIRUS FILTERING $37.50 Invoice 1140 - 14696 -A 5/12/2009 Cash Payment E 101 - 42110 -400 Repairs & Maintenance 05 -09 SPAM VIRUS FILTERING $37.50 Invoice 1140 - 14696 -B 5/12/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $75.00 Refer 51209 MARK VII DISTRIBUTOR _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $4,790.05 Invoice 456351 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $22.00 • Invoice 456352 5/12/2009 i � City of Mound 05/07/09 8:52 AM Payments Page 9 CITY OF MOUND Current Period: May 2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $6,818.65 Invoice 459047 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $44.00 Invoice 459048 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale CREDIT —BEER -$92.20 Invoice 443664 -B 5/12/2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $115 .50 Refer MARLIN'S TRUCKING DELIVERY _ Cash Payment E 609 -49750 -265 Freight 04 -02 -09 DELIVERY CHARGE $264.00 Invoice 16 5/12/2009 Cash Payment E 609 -49750 -265 Freight 04 -06 -09 DELIVERY CHARGE $8.40 Invoice 22248 5/12/2009 Cash Payment E 609 -49750 -265 Freight 04 -09 -09 DELIVERY CHARGE $196.80 Invoice 22270 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $469.20 Refer 51209 METROPOLITAN COUNCIL WASTE _ Cash Payment E 602 -49450 -388 Waste Disposal -MCIS 06 -09 WASTEWATER $50,145.06 Invoice 898214 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 „., Total $50,145.06 T +LL 51209 MINNEAPOLIS, CITY OF •Refer Cash Payment E 101 -42110 -433 Dues and Subscriptions 2009 PAWNSHOP QUERY FEE $240.00 Invoice 40650005237 5/12/2009 PO 21370 Transaction Date 5/5/2009 Wells Farg o 10100 To tal $240.00 Refer 51209 MINNETONKA CUSTOM HOMES _ Cash Payment G 101 -23007 Erosion Control Escrow 3110 HIGHLAND BLVD #2008 -00380 $750.00 Invoice 051209 5/12/2009 Cash Payment G 101 -23150 New Construction Escrow 3110 HIGHLAND BLVD #2008 -00380 $5,000.00 Invoice 051209 5/12/2009 Transaction Date 4/30/2009 Wells Fargo 10100 Total $5,750.00 Refer 51209 MUELLER, WILLIAM AND SONS Cash Payment E 101 -43100 -224 Street Maint Materials 04 -27 -09 BLACKTOP $318.70 Invoice 149941 5/12/2009 Cash Payment E 101 -45200 -232 Landscape Material 04 -29 -09 CONCRETE $297.99 Invoice 149941 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $616.69 Refer 51209 MUZAK- MINNEAPOLIS _ Cash Payment E 609- 49750 -440 Other Contractual Servic 05 -09 MUSIC SERVICE $102.37 Invoice A338016 5/12/2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $102.37 er 51209 NATIONAL FIRE PROTECTION AS Refer Cash Payment E 222 - 42260 -433 Dues and Subscriptions 06 -01 -09 THRU 05 -31 -10 $150.00 Invoice 452079OX 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $150.00 Refer 51209 NATIONAL RECREATION PARKAS Cash Payment E 101 - 45200 -433 Dues and Subscriptions 2009 MEMBERSHIP DUES $135.00 Invoice 051209 5/12/2009 PO 21186 -875- Invoice F9676 -C 5/12/2009 PO 21414 Transaction Date 4/28/2009 City of Mound 05/07/09 8:52 AM $62,257.84 Refer 51209 NELSON ELECTRIC MOTOR REPAI Page 10 Cash Payment E 101 - 41110 -200 Office Supplies Payments Cash Payment E 602- 49450 -440 Other Contractual Servic CITY OF MOUND • Current Period: May 2009 MISCELLANEOUS OFFICE SUPPLIES $12.86 Transaction Date 5/6/2009 Wells Fargo 10100 Total $135.00 Refer 51209 NELSON AUTO CENTER FLEET DE _ Refer 51209 NEOPOST Cash Payment E 101 -43100 -500 Capital Outlay FA #9585 2009 FORD F-450 TRUCK #109 $9,951.68 Invoice F9619 -A 5/12/2009 PO 21415 RATE CHANGE SCALE $9.83 Cash Payment E 601 -49400 -500 Capital Outlay FA #9585 2009 FORD F-450 TRUCK #109 $9,951.68 Invoice F9619 -B 5/12/2009 PO 21415 MISCELLANEOUS OFFICE SUPPLIES Transaction Date 5/6/2009 Cash Payment E 602 -49450 -500 Capital Outlay FA #9585 2009 FORD F-450 TRUCK #109 $9,951.68 Invoice F9619 -C 5/12/2009 PO 21415 MISCELLANEOUS OFFICE SUPPLIES $5.30 Cash Payment E 101 -43100 -500 Capital Outlay FA #9584 2009 FORD F -550 TRUCK #209 $10,800.93 Invoice F9676 -A 5/12/2009 PO 21414 $170.06 Invoice 051209 5/12/2009 PO 21555 Cash Payment E 601 -49400 -500 Capital Outlay FA #9584 2009 FORD F -550 TRUCK #209 $10,800.93 Invoice F9676 -B 5/12/2009 PO 21414 Wells Fargo 10100 Total Cash Payment E 602 -49450 -500 Capital Outlay FA #9584 2009 FORD F -550 TRUCK #209 $10,800.94 Invoice F9676 -C 5/12/2009 PO 21414 Transaction Date 4/28/2009 Wells Fargo 10100 Total $62,257.84 Refer 51209 NELSON ELECTRIC MOTOR REPAI Cash Payment E 101 - 41110 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES Cash Payment E 602- 49450 -440 Other Contractual Servic STATION J1 MOTOR STARTERS $746.17 Invoice 3542 5/12/2009 MISCELLANEOUS OFFICE SUPPLIES $12.86 Invoice 471582685 -B 5/12/2009 PO 21302 Transaction Date 5/6/2009 �. -.E Wells Fargo 10100 Total $746.17 Refer 51209 NEOPOST Invoice 471582685 -C 5/12/2009 PO 21302 yment� 10w�. Cash Pa 1- 41910 -400 Repairs & Maintenance RATE CHANGE SCALE $9.83 $276.90 • Invoice 12892522 5/12/2009 Cash Payment E 101 -45200 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES Transaction Date 5/6/2009 Wells Fargo 10100 Total $276.90 Refer 51209 NORTHERN TOOL AND EQUIPMEN _ MISCELLANEOUS OFFICE SUPPLIES $5.30 Invoice 471582685 -F 5/12/2009 PO 21302 Cash Payment E 602 -49450 -221 Equipment Parts HYDRAULIC CYLINDER WRENCH Cash Payment E 60949750 -200 Office Supplies $170.06 Invoice 051209 5/12/2009 PO 21555 Transaction Date 4/27/2009 Wells Fargo 10100 Total $170.06 Refer 51209 NVI MECHANICAL CONTRACTING Cash Payment E 101 - 41910 -440 Other Contractual Servic 04 -13 -09 EXHAUST FAN $2,070.83 Invoice W16991 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $2,070.83 Refer 51209 OFFICE DEPOT - Cash Payment E 101 - 41110 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $4.54 Invoice 471582685 -A 5/12/2009 PO 21302 Cash Payment E 101- 41310 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $12.86 Invoice 471582685 -B 5/12/2009 PO 21302 Cash Payment E 101 -41500 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $17.40 Invoice 471582685 -C 5/12/2009 PO 21302 Cash Payment E 101 -42400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $9.83 Invoice 471582685 -D 5112/2009 PO 21302 Cash Payment E 101 -45200 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $7,57 Invoice 471582685 -E 5/12/2009 PO 21302 Cash Payment E 101 -43100 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $5.30 Invoice 471582685 -F 5/12/2009 PO 21302 Cash Payment E 60949750 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $4.53 • Invoice 471582685 -G 5/12/2009 PO 21302 City Of Mound 05/07/09 8:52 AM Page 11 • Payments CITY OF MOUND Current Period: May 2009 M.hW.a- ».- nm'�irn- r.... Y ...F:; .., k r. 2'<, -s .rvkt..um p:...rs.�n,._..3:a'^&, u�• €,,:.aaas J3 r,� a <s.i , .. +,..m..a._ a r:.,.. .w N, a.,,n+ n.: ?35«rs;L Cash Payment E 601 -49400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $6.81 Invoice 471582685 -H 5/12/2009 PO 21302 Cash Payment E 602 -49450 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $6.81 Invoice 471582685 -1 5/12/2009 PO 21302 Cash Payment E 101 -45200 -200 Office Supplies BINDERS $46.90 Invoice 471676848 5/12/2009 PO 21553 Cash Payment E 101 - 41310 -200 Office Supplies INKJET CARTRIDGE $60.51 Invoice 471680514 5/12/2009 Cash Payment E 281 -45210 -200 Office Supplies INKJET CARTRIDGE $36.40 Invoice 472046304 5/12/2009 PO 21183 Cash Payment E 101 - 42110 -200 Office Supplies INKJET CARTRIDGE, BATTERIES $126.39 Invoice 471013862 5/12/2009 PO 21360 Cash Payment E 101 -42110 -200 Office Supplies PHONE SHOULDER REST $7.60 Invoice 472317710 5/12/2009 PO 21304 Cash Payment E 609 -49750 -200 Office Supplies LAMINATING SUPPLIES $104.65 Invoice 472890197 5/12/2009 PO 21670 Cash Payment E 222 -42260 -200 Office Supplies PAPER, LAMINATE POUCHES $55.96 Invoice 472316852 5/12/2009 PO 21517 Transaction Date 4/28/2009 Wells Fargo 10100 Total $514.06 Refer 51209 PAUSTIS AND SONS WINE COMP� �ry� •Cash Payment E 609 -49750 -253 Wine For Resale WINE $565.00 Invoice 8219715 -A 5/12/2009 Cash Payment E 609 -49750 -265 Freight 04 -20 -09 DELIVERY CHARGE $8.75 Invoice 8219715 -B 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $296.00 Invoice 8220446 -A 5/12/2009 Cash Payment E 609 -49750 -265 Freight 04 -27 -09 DELIVERY CHARGE $10.50 Invoice 8220446 -B 5/12/2009 Transaction Date 4/28/2009 Wells Fargo 10100 Total $880.25 Refer 51209 PEDERSON, GREG _ Cash Payment E 222 -42260 -409 Other Equipment Repair REPAIR PORTABLE PUBLIC ADDRESS $10.36 SYSTEM Invoice 051209 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $10.36 Refer 51209 PEPSI -COLA COMPANY Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $376.70 Invoice 51387841 5/12/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $376.70 Refer 51209 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609- 49750 -253 Wine For Resale WINE $120.00 Invoice 2747381 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $318.63 Invoice 2745135 5/12/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $43.25 •Invoice 2745134 5/12/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $489.30 Invoice 2748122 5/12/2009 -877- City Of Mound 05/07/09 8:52 AM Payments Page 12 • CITY OF MOUND Current Period: May 2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,155.75 Invoice 2748123 5/1212009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $2,126.93 Refer 51209 PLUNKETTS, INCORPORATED _ Cash Payment E 101 - 41910 -440 Other Contractual Servic APRL, MAY, JUNE PEST CONTROL $106.50 Invoice 1262000 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $106.50 Refer 51209 QUALITY WINE AND SPIRITS _ Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,976.53 Invoice 151413 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,456.00 Invoice 151412 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $83.33 Invoice 151457 5/12/2009 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $78.13 Invoice 148151 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $78.07 Invoice 148150 5/12/2009 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $1,394.08 Invoice 148407 5/12/2009 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,419.30 • Invoice 148399 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $7,485.44 Refer 51209 RANDY'S SANITATION _ Cash Payment E 101 -45200 -384 Refuse /Garbage Dispos 04 -09 GARBAGE SERVICE $192.13 Invoice 051209 5/12/2009 Cash Payment E 101 -41910 -384 Refuse /Garbage Dispos 04 -09 GARBAGE SERVICE $158.38 Invoice 051209 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $350.51 Refer 51209 ROLYAN BUOYS _ Cash Payment E 101 -45200 -221 Equipment Parts REGULATORY BUOYS $617.70 Invoice 3560131 5/12/2009 PO 21182 Transaction Date 4/28/2009 Wells Fargo 10100 Total $617.70 Refer 51209 SCHARBER AND SONS _ Cash Payment E 101 -43100 -218 Clothing and Uniforms CHAPS, HELMETS, BOOTS $507.28 Invoice 02- 2009430 -A 5/12/2009 PO 21554 Cash Payment E 601 -49400 -218 Clothing and Uniforms CHAPS, HELMETS, BOOTS $507.28 Invoice 02- 2009430 -B 5/12/2009 PO 21554 Cash Payment E 602 -49450 -218 Clothing and Uniforms CHAPS, HELMETS, BOOTS $507.29 Invoice 02- 2009430 -C 5/12/2009 PO 21554 Transaction Date 4/27/2009 Wells Fargo 10100 Total $1,521.85 Refer 51209 SCHINDLER ELEVATOR CORPOR Cash Payment E 222 - 42260 -402 Building Maintenance 03 -13 -09 ELEVATOR REPAIRS $148.65 Invoice 7151145976 -A 5/12/2009 • Cash Payment E 10142110 -402 Building Maintenance 03 -13 -09 ELEVATOR REPAIRS $148.65 Invoice 7151145976 -B 5/12/2009 Transaction Date 5/6/2009 Wells Fargo 10100 Total $297.30 �r • CITY OF MOUND I* City of Mound Payments Current Period: May 2009 05/07/09 8:52 AM Page 13 Refer 51209 SHANKEN COMMUNICATIONS, IN _ Cash Payment E 609 -49750 -255 Misc Merchandise For R 04 -30 -09 PUBLICATION $2,963.90 $15.00 Invoice 250988 5/12/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $15.00 Refer 51209 SPEEDWAY SUPERAMERICA (FIR _ Cash Payment E 222 -42260 -212 Motor Fuels THRU 04 -26 -09 GASOLINE CHARGES $604.00 $538.28 Invoice 051209 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 To tal $538.28 Refer 51209 SPEEDWAY SUPERAMERICA (P/W _ Cash Payment E 101 -45200 -212 Motor Fuels THRU 04 -26 -09 GASOLINE CHARGES $105.00 $26.66 Invoice 051209 5/12/2009 • Cash Payment E 101 -43100 -212 Motor Fuels THRU 04 -26 -09 GASOLINE CHARGES Total $8,161.60 $1,157.56 Invoice 051209 5/12/2009 Cash Payment E 601 -49400 -212 Motor Fuels THRU 04 -26 -09 GASOLINE CHARGES $8,443.00 $826.92 Invoice 051209 5/12/2009 Cash Payment E 602 -49450 -212 Motor Fuels THRU 04 -26 -09 GASOLINE CHARGES $534.07 Invoice 051209 5/12/2009 Transaction Date 5/7/2009 Wells Fargo 10100 Total $2,545.21 Refery 51209 DW SUPERAMERICA (PA SPEEDWAY Cash Payment E 101 -45200 -212 Motor Fuels THRU 04 -26 -09 GASOLINE CHARGES $501.30 Invoice 051209 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $501.30 Refer 51209 SPEEDWAY SUPERAMERICA (POL Cash Payment E 101 - 42110 -212 Motor Fuels THRU 04 -26 -09 GASOLINE CHARGES $2,077.03 Invoice 051209 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $2,077.03 Refer 51209 STERNE ELECTRIC COMPANY _ Cash Payment E 101 -43100 -381 Electric Utilities REPAIR LIGHT POLE BASE $123.00 Invoice 10228 5/12/2009 Cash Payment E 101 -43100 -381 Electric Utilities LIGHT POLE 5000 BLOCK OF SHORELINE $156.75 Invoice 10206 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $279.75 Refer 51209 TAYLOR, J.J. DISTRIBUTING MINN _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,963.90 Invoice 1267025 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $59.60 Invoice 1267057 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale LIQUOR $604.00 Invoice 1254368 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $4,429.10 Invoice 1267056 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $105.00 Invoice 944375 5/12/2009 • Transaction Date 4/28/2009 Wells Fargo 10100 Total $8,161.60 Refer 51209 THORPE DISTRIBUTING COMPAN Cash Payment E 609 -49750 -252 Beer For Resale BEER $8,443.00 Invoice 538223 5/12/2009 IF:1:11Z City Of Mound 05/07/09 8:52 AM Page 14 /, Payments CITY OF MOUND • Current Period: May 2009 ;M M1._ Mui` egu Cash Payment E 609 -49750 -252 Beer For Resale BEER $86.45 Invoice 538222 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $570.00 Invoice 71352 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $348.00 Invoice 71438 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,962.00 Invoice 539321 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $247.50 Invoice 539203 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $302.00 Invoice 71523 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $186.85 Invoice 539599 5/12/2009 Cash Payment E 609 -49750 -252 Beer For Resale BEER $456.15 Invoice 539598 5/12/2009 Transaction Date 4/28/2009 s _. Wells Fargo 10100 —. a.T Total $14,601.95 Refer 51209 TRI COUNTY BEVERAGE AND SUP _ _mss ..< r< _ ,� ,. M ,.,— Cash Payment E 609 -49750 -252 Beer For Resale BEER $167.60 Invoice 218781 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $167.60 • Refer 51209 TRUE VALUE, MOUND _ Cash Payment E 101 -41910 -220 Repair / Maint Supply 04-09 MISCELLANEOUS SUPPLIES $8,52 Invoice 051209 5/12/2009 Cash Payment E 101 -45200 -220 Repair/Maint Supply 04 -09 MISCELLANEOUS SUPPLIES $71.44 Invoice 051209 5/12/2009 Cash Payment E 609 -49750 -210 Operating Supplies 04 -09 MISCELLANEOUS SUPPLIES $61.19 Invoice 051209 5/12/2009 Cash Payment E 281 -45210 -220 Repair / Maint Supply 04 -09 MISCELLANEOUS SUPPLIES $77,85 Invoice 051209 5/12/2009 Cash Payment E 101 -43100 -230 Shop Materials 04 -09 MISCELLANEOUS SUPPLIES $23.35 Invoice 051209 5/12/2009 Cash Payment E 601 -49400 -230 Shop Materials 04 -09 MISCELLANEOUS SUPPLIES $43.33 Invoice 051209 5112/2009 Cash Payment E 602 -49450 -230 Shop Materials 04 -09 MISCELLANEOUS SUPPLIES $32.55 Invoice 051209 5/12/2009 Cash Payment E 602 -49450 -220 Repair / Maint Supply 0409 MISCELLANEOUS SUPPLIES $77.13 Invoice 051209 5/12/2009 Cash Payment E 601 -49400 -220 Repair / Maint Supply 04 -09 MISCELLANEOUS SUPPLIES $247.45 Invoice 051209 5/12/2009 Cash Payment E 601 -49400 -221 Equipment Parts 04 -09 MISCELLANEOUS SUPPLIES $70.26 Invoice 051209 5/12/2009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs 04 -09 MISCELLANEOUS SUPPLIES $13.07 Invoice 051209 5/12/2009 Cash Payment E 101 -43100 -221 Equipment Parts 04 -09 MISCELLANEOUS SUPPLIES $13.25 Invoice 051209 Cash Payment 5/12/2009 E 101 -43100 -224 Street Maint Materials 04 -09 MISCELLANEOUS SUPPLIES $21.28 • Invoice 051209 5/12/2009 IF:1:11Z _ City of Mound 05/07/09 8:52 AM I� Page 15 Payments CITY OF MOUND Current Period: May 2009 Cash Payment E 602 -49450 -218 Clothing and Uniforms 04 -09 MISCELLANEOUS SUPPLIES $11.98 Invoice 051209 5/12/2009 Cash Payment E 101 - 43100 -460 Janitorial Services 04 -09 MISCELLANEOUS SUPPLIES $16.80 Invoice 051209 5/12/2009 Cash Payment E 601- 49400 -460 Janitorial Services 04 -09 MISCELLANEOUS SUPPLIES $16.80 Invoice 051209 5/12/2009 Cash Payment E 602 - 49450 -460 Janitorial Services 04 -09 MISCELLANEOUS SUPPLIES $16.80 Invoice 051209 5/12/2009 Cash Payment E 285 -46388 -210 Operating Supplies 04 -09 MISCELLANEOUS SUPPLIES $35.94 Invoice 051209 5/12/2009 Cash Payment E 222 -42260 -210 Operating Supplies 04 -09 MISCELLANEOUS SUPPLIES $2.44 Invoice 051209 5112/2009 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs 04 -09 MISCELLANEOUS SUPPLIES $9.81 Invoice 051209 5/12/2009 Cash Payment E 222 -42260 -210 Operating Supplies 04 -09 MISCELLANEOUS SUPPLIES $10.64 Invoice 051209 5/12/2009 Transaction Date 515/2009 Wells Fargo 10100 Total $881.88 _Refer 51209 UNITED RENTALS Cash Payment E 601 -49400 -221 Equipment Parts THROTTLE KIT $97.43 Invoice 80882212 -001 5/12/2009 • Transaction Date 4/27/2009 Wells Fargo 10100 Total $97.43 Refer 51209 VINO SOURCE, THE Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $282.00 Invoice 26775 -A 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $492.00 Invoice 26775 -B 5/12/2009 Cash Payment E 609- 49750 -265 Freight 04 -17 -09 DELIVERY CHARGE $8.00 Invoice 26775 -C 5/1212009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $782.00 Refer 51209 VINO COP/A, INCORPORATED _ Cash Payment Invoice 15017 -A Cash Payment Invoice 15017 -B Cash Payment Invoice 14790 -A Cash Payment Invoice 14790 -B Cash Payment Invoice 14790 -C Cash Payment Invoice 15018 Transaction Date E 609 -49750 -253 Wine For Resale 5/12/2009 E 609 -49750 -265 Freight 5/12/2009 E 609 - 49750 -251 Liquor For Resale 5/12/2009 E 609 - 49750 -253 Wine For Resale 5/12/2009 E 609 - 49750 -265 Freight 5/12/2009 E 609 -49750 -253 Wine For Resale 5/12/2009 WINE $235.50 04 -30 -09 DELIVERY CHARGE $4.00 LIQUOR $92.00 WINE $1,216.00 04 -22 -09 DELIVERY CHARGE $13.00 WINE $0.00 4/28/2009 Wells Fargo 10100 Total $1,560.50 Refer 51209 WACON/A FORD MERCURY isCash Payment E 101 - 45200 -404 Machinery/Equip Repairs TURBO REPAIR Invoice FOCS34565 5/12/2009 PO 21184 Transaction Date 5/4/2009 Wells Fargo 10100 Refer 51209 WESTONKA ANIMAL HOSPITAL $1,962.81 Total $1,962.81 City of Mound 05/07/09 8:52 AM Payments Page 16 • CITY OF MOUND Current Period: May 2009 Cash Payment E 101 - 42110 -445 Dog Kennel Fees #09 -751 IMPOUNDED DOG $158.50 Invoice 102397 5/12/2009 PO 21366 Transaction Date 5/5/2009 Wells Fargo 10100 Total $158.50 Refer 51209: WESTONKA MECHANICAL CONTR _ Cash Payment E 601- 49400 -440 Other Contractual Servic 2913 HOLT LANE CHANGE METER $127.05 Invoice 33590 5/12/2009 Transaction Date 514/2009 Wells Fargo 10100 Total $127.05 Refer 51209 WESTSIDE EQUIPMENT Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs AIR MOTOR FOR PUMP $96.52 Invoice 0039288 5/12/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $96.52 Refer uw512099 WIDMER CONSTRUCTION, LLC _ Cash Payment E 602- 49450 -440 Other Contractual Servic 03 -24 -09 DISCONNECT HOM $2,030.00 Invoice 2573 5/12/2009 Cash Payment E 602- 49450 -400 Repairs & Maintenance 04 -16 -09 SOUTHVIE LANE SANITARY SEWER $385.00 Invoice 2575 5/12/2009 Cash Payment E 601 - 49400 -400 Repairs & Maintenance 04 -14 -09 LYNWOOD BLVD WATERMAIN $1,130.00 Invoice 2578 5/12/2009 Transaction Date 4/27/2009 Refer 51209 WINE COMPANY _ Wells Fargo 10100 Total $3,545.00 Cash Payment E 609 -49750 -253 Wine For Resale WINE $828.00 Invoice 216966 -A 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale 04 -30 -09 DELIVERY CHARGE $11.55 Invoice 216966 -B 5/12/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $839.55 Refer 51209 WINE CONNECT _ Cash Payment E 609- 49750 -440 Other Contractual Servic 05 -09 MANAGE INTERNET SITE $94.79 Invoice 226 5/12/2009 Transaction Date 5/4/2009 Wells Fargo 10100 Total $94.79 Refer 51209 WINE MERCHANTS _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,379.75 Invoice 271505 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $606.25 Invoice 272353 5/12/2009 Cash Payment E 609 -49750 -253 Wine For Resale WINE $60.00 Invoice 272354 5/12/2009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $2,046.00 Refer 51209 WINE NEWS INCORPORATED Cash Payment E 609 -49750 -255 Misc Merchandise For R 05 -09 PUBLICATION $14.85 Invoice 246400 5/1212009 Transaction Date 4/27/2009 Wells Fargo 10100 Total $14.85 Refer 51209 WINKLER, BOB _ Cash Payment E 101 - 45200 -400 Repairs & Maintenance WASHED SAND MOUND BAY PARK $632.23 Invoice 051209 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Total $632.23 Refer 51209 WORLD CLASS WINES, INCORPO CITY OF MOUND City of Mound Payments Current Period: May 2009 05/07/09 8:52 AM Page 17 10 • Refer 51209 XCEL ENERGY Cash Payment E 602 -49450 -381 Electric Utilities 04 -09 #51- 7890142 -3 Invoice 270395162 5/12/2009 Transaction Date 5/5/2009 Wells Fargo 10100 Refer 51209 ZARNOTH BRUSH WORKS, /NCOR _ Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs GUTTER BROOM, ETC Invoice 0122010 5/12/2009 Transaction Date 4127/2009 Wells Fargo 10100 Fund Summary Pre - Written Check $0.00 Checks to be Generated by the Compute $320,553.33 Total $320,553.33 $624.34 Total $624.34 $1,707.20 Total $1,707.20 10100 Wells Fargo 101 GENERAL FUND $70,520.61 222 AREA FIRE SERVICES $3,160.58 281 COMMONS DOCKS FUND $5,977.41 285 MOUND HRA $35.94 401 GENERAL CAPITAL PROJECTS $27,915.74 475 TIF 1 -3 Mound Harbor Renaissan $2,763.76 601 WATER FUND $25,397.20 602 SEWER FUND $78,675.19 609 MUNICIPAL LIQUOR FUND $91,655.57 670 RECYCLING FUND $14,280.21 675 STORM WATER UTILITY FUND $171.12 $320,553.33 Pre - Written Check $0.00 Checks to be Generated by the Compute $320,553.33 Total $320,553.33 $624.34 Total $624.34 $1,707.20 Total $1,707.20 Executive Summary Hoisington Koegler Group Inc. TO: Honorable Mayor and City Council FROM: Rita Trapp, Consulting City Planner DATE: May 6, 2009 SUBJECT: PC Case #09 -03 — 5060 Edgewater Drive Variance Request SUMMARY HK 1 At its May 5, 2009 meeting, the Planning Commission reviewed the application from Ron and Jane Anderson to replace the existing house and detached garage at 5060 Edgewater Road with a new two -story structure primarily on the existing foundation. The existing one -story wood home, constructed in the 1940s, is part of the Skarp and Lindquist's Glen Arbor addition. There is also an existing detached garage, located less than 20 feet from the front property line, which will be removed and replaced with an attached garage in conformance with current setback requirements. The 7,323 square foot lot is located at the intersection of Edgewater Drive and undeveloped Chateau Lane. The Planning Report, variance application and supporting materials have been included as attachments. RECOMMENDATION The Planning Commission voted unanimously to recommend Council approval of the variance to allow the construction of a two -story home and attached garage as requested. A draft resolution has been included for review and consideration by the City Council. Additionally, the minute excerpts from the May 5, 2009 Planning Commission meeting (draft) have also been included. ADDITIONAL INFORMATION Of note, the variance was received and deemed complete on April 22, 2009. Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax(612)338 -6838 01 • • RESOLUTION # 09- A RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 5060 EDGEWATER DRIVE P & Z CASE # 09 -03 PID # 13- 117 -24 -42 -0020 WHEREAS, the applicants, Ron and Jane Anderson, have submitted a request for a 6.8 foot variance to the side yard setback in order to replace the existing home and detached garage with a new two -story home and attached garage on the existing foundation; and WHEREAS, the property is located at the intersection of Edgewater Drive and Chateau Lane. This existing lot of record was originally platted as part of the Skarp and Lindquist's Glen Arbor Addition. The zoning is R-1 A, Single Family Residential; and WHEREAS, the property, according to Hennepin County data, currently has a one -story home which was built in the 1940s. The property also contains a detached garage located less than 20 feet from the front property line; and • WHEREAS, the applicants propose the following development standards for this existing lot of record: Required Proposed /Existing Variance Lot Area 6,000 sq. ft. 7,323 sq. ft. - Lot Width 40 feet 40 feet - Lot Depth 80 feet 147+ feet - Front Yard Setback 20 feet 20 feet - Lakeshore Setback 50 feet 75+ feet - Side Yard Setback (east) 6 feet 6 feet - Side Yard Setback (west) 10 feet 3.2 feet 6.8 feet Hardcover (maximum 40 %) 2,929 sq. ft. 2,775 sq. ft. - ;and WHEREAS, the applicants are proposing to reuse the existing foundation as well as a 10 foot foundation expansion to the east to accommodate a two -story home. The applicants' engineer has concluded that the existing foundation and footings are structurally sound to accommodate the proposed two -story home; and WHEREAS, the applicants are proposing to keep the existing deck in its current • location; and WHEREAS, Staff has reviewed the application and recommended approval of • the variance with conditions; and WHEREAS, the Planning Commission reviewed the application at its May 5, 2009 meeting and recommended approval, subject to conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City Council of the City of Mound does hereby approve the 4 -foot front yard setback variance to allow the construction of a 20 by 22 foot garage, as requested by the applicant, based on the following findings of fact: a. The buildable area on the property is limited due to the property being a corner lot only 40 feet in width. As a corner lot, the property owners are required to provide 16 feet in side yard setbacks instead of 12 feet. b. The applicants have attempted to minimize the impact of the redevelopment by reusing the existing foundation and placing the home closer to the undeveloped Chateau Lane on the property's west side rather than the developed property to the east. c. The applicants have minimized the variance needed by eliminating the existing front yard setback variance due to the replacement of the • detached garage with an attached garage that is within setback requirements. d. The conditions of City Code Chapter 350.530 are being met. 2. The variance is hereby approved subject to the following conditions as recommended by the Planning Commission: a. Applicants shall ensure that runoff from the roof does not drain onto neighbor's property and shall include the installation of roof gutters as recommended by the City Engineer. b. Applicants shall be responsible for payment of all costs associated with the variance request. c. No future approval of any development plans and/or building permits is included as part of this action in the event the variance application is approved. d. Applicants shall be required to submit all required information upon submittal of the building permit application. e. Applicants shall be responsible for procurement of any and /or all permits. 40 f. Applicants shall be responsible for procurement of any and /or all • public agency permits including the submittal of all required information prior to building permit issuance. g. The applicants shall be responsible for recording the resolution(s) with Hennepin County. The applicants are advised that the resolution(s) will not be released for recording until all conditions have been met. h. No building permits will be issued until evidence of recording of the resolution(s) and easement(s), if applicable, has been provided to the City by the applicant. L No building permits will be issued until any and /or all fees associated with the land use application have been paid unless an escrow deposit of sufficient amount is on file with the City. j. Structures shall not be built into the required front, side, and rear yards. A foundation survey is required as the proposed structures are within 5 feet of the required minimum front/side /rear setbacks. k. New construction shall conform to the City Code in all regards. 3. This variance is approved for the following legally described property: • —Lot 16 Skarp & Lindquists Glen Arbor Addition 4. The variance is valid for one (1) year following its approval unless an extension is approved by the City Council pursuant to the City Code 350.530, Subd. 2 (E). The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted May 12, 2009 Attest: Bonnie Ritter, City Clerk • Mark Hanus, Mayor MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION MAY 5, 2009 BOARD OF APPEALS CASE NO. 09-03 VARIANCE - NEW HOUSE 5060 EDGEWATER DRIVE APPLICANTS: RON AND JANE ANDERSON • PLANNING REPORT • Hoisington Koegler Group Inc. ®© ®® I• I* TO: Mound Council, Planning Commission and Staff FROM: Rita Trapp DATE: April 30, 2009 MEETING DATE: May 12, 2009 APPLICANT: Ron and Jane Anderson REQUEST: Variance CASE NUMBERS: 09 -03 LOCATION: 5060 Edgewater Road PROPERTY ID: 13- 117 -24 -42 -0020 ZONING: R -1A Single Family Residential COMPREHENSIVE PLAN: Low Density Residential BACKGROUND The applicants, Ron and Jane Anderson, have submitted an application for a variance in order to replace the existing house and garage at 5060 Edgewater Road with new structures. The existing one -story wood home was constructed in the 1940s. There is also an existing detached garage, located less than 20 feet from the front property line, which will be removed and replaced with an attached garage. The 7,323 square foot lot, which is part of the Skarp and Lindquist's Glen Arbor addition, is located at the intersection of Edgewater Drive and undeveloped Chateau Lane. The applicants are proposing the construction of a two -story home primarily on the existing foundation. PROPOSED DIMENSIONS 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 Required Proposed /Existing Variance Lot Area 6,000 sq. ft. 7,323 sq. ft. - Lot Width 40 feet 40 feet - Lot Depth 80 feet 147+ feet - Front Yard Setback 20 feet 20 feet - Lakeshore Setback 50 feet 75+ feet - Side Yard Setback (east) 6 feet 6 feet - Side Yard Setback (west) 10 feet 3.2 feet 6.8 feet Hardcover (maximum 40 %) 2,929 sq. ft. 2,775 sq. ft. - 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 p• 2 #09 -03 5060 Edgewater Road Variance • April 30, 2009 CITY DEPARTMENT REVIEW Copies of the request and supporting materials were forwarded to all City departments for review and comment. Comments received are summarized below: Dan Faulkner, City Engineer With the new house being a 2 -story replacing an existing 1 -story, roof drainage may potentially fall onto adjacent properties where it may not currently do so. There may be a need to add gutters and downspouts and this should be examined by the applicant's architect. Dan Menth, Building Official Building permit required. Two sets of plans and engineering for the foundation need to be submitted. Jim Fackler, Parks Supt. No comments. Ray Hanson, Eng Tech. No comments. Greg Skinner, PW Supt. No comments. Jim Kurtz, Police Chief No comments. Greg Pederson, Fire Chief No comments. DISCUSSION •I • The existing, one -story home is located less than four feet from the west property line., while the detached garage is located less than 20 feet from the front property line. The applicant would like to use the existing foundation, as well as a 10 -foot foundation expansion to the east to construct a two -story home and attached garage on the property. • In residential districts, unimproved street frontages having a width exceeding (15) feet, shall be considered side yards or rear yards, as appropriate. Therefore, the minimum side setback from Chateau Lane is (10) feet. • The replacement of the existing garage with the proposed attached garage will bring the property in conformance with front yard setback requirements. • According to the applicant's engineer, the existing concrete block foundation walls and concrete footings will be structurally sound to support the proposed construction. • Variance application was submitted and deemed to complete on or around April 22, 2009. Pursuant to MS 15.99, the City has 60 days to approve or deny a land use application unless an extension is executed. *I 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 :•1 p. 3 #09 -03 5060 Edgewater Road Variance • April 30, 2009 STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend Council approval of the variance to construct a two -story home and attached garage as proposed subject to the following conditions: 1. Applicant shall ensure that runoff from the roof does not drain onto neighbor's property. 2. Applicant shall be responsible for payment of all costs associated with the variance request. 3. No future approval of any development plans and/or building permits is included as part of this action in the event the variance application is approved. 4. Applicant shall be required to submit all required information upon submittal of the building permit application. 5. Applicant shall be responsible for procurement of any and/or all permits. • 6. Applicant shall be responsible for procurement of any and /or all public agency permits including the submittal of all required information prior to building permit issuance. • 7. The applicant shall be responsible for recording the resolution(s) with Hennepin County. The applicant is advised that the resolution(s) will not be released for recording until all conditions have been met. 8. No building permits will be issued until evidence of recording of the resolution(s) and easement(s) has been provided to the City by the applicant. 9. No building permits will be issued until any and /or all fees associated with the land use application have been paid unless an escrow deposit of sufficient amount is on file with the City. 10. Runoff must not be directed towards the neighbor's property. 11. Structures shall not be built into the required front, side, and rear yards. A foundation survey is required as the proposed structures are within 5 feet of the required minimum front/side /rear setbacks. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 ff `s p. 4 #09 -03 5060 Edgewater Road Variance April 30, 2009 • In recommending approval of the requested variance, Staff offers the following findings of fact: 1. The buildable area on the property is limited due to the property being a corner lot only 40 feet in width. As a corner lot, the property owners are required to provide 16 feet in side yard setbacks instead of 12 feet. 2. The applicant has attempted to minimize the impact of the redevelopment by reusing the existing foundation and placing the home closer to the undeveloped Chateau Lane on the west side rather than the developed property to the east. 3. The applicant has minimized the variance needed by eliminating the existing front yard setback variance due to the replacement of the detached garage with an attached garage that is within setback requirements. 4. The conditions of City Code Chapter 350.530 are being met. CITY COUNCIL REVIEW. The variance application, including the recommendation from the May 5, 2009, Planning Commission meeting, will be presented at the May 12, 2009 City Council meeting. • • 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 • - -iF p -- 5341 Maywood Road, Mound, MN 55364 Phone 952- 472 -0600 FAX 952- 472 -0620 6 VARIANCE APPLICATION RECEIVED AP R 6 2009 MOUND PLANNING Application Fee and Escrow Deposit required at time of application. Planning Commission Date 5 -55 e)q Case No. 0 City Council Date - , %'0q. LOPI, Please Me or print lealbly SUBJECT Address SO (p ��,�t E ttiT�12 PROPERTY LEGAL Lot 1(4 Block DESC. Subdivision SKMP o, 1-Q,)2Qux&7- 6LEtJ ARMR PID # (S - j 1-1 - Z 4 - 4Z - b0---A o Plat # ZONING DISTRICT ( ) R -2 R -3 B -1 B -2 B -3 PROPERTY Name tZON JJyt-Jl- AN0ERSn(V OWNER Address 1501 l L_`lNN TFe-J2AC -E Phone Home F APPLICANT Name (IF OTHER THAN Address OWNER) Phone Home Work Fax Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? Yes ( ) No A). If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): is Variance Information (6/9/2008) Page 4 of 4 Case No. OC/ " D 3 3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No (X. If no, specify each non - conforming use (describe reason for variance request, i.e. setback, lot area, etc.): �. L:r _�� I ' _1L �.� /G -P+. t�A4 Loo- u ti E' . SETBACKS: REQUIRED REQUESTED (or existing) Front Yard: (N S E W) ft. ft. Side Yard: ( N S E(& /D ft. S ft. Side Yard: (N S E W) ft. ft. Rear Yard: (N S E W) ft. ft. Lakeside: (N S E W) ft. ft. (NSEW) ft. ft. Street Frontage: ft. ft. Lot Size: sq ft sq ft Hardcover: sq,ft sq ft VARIANCE ft. F-& -7 ft. ft. ft. ft. ft. ft. sq ft S„ 9 ft ,..r 4. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes K ), No ( ). If no, specify each non - conforming use: 5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage KJ existing situation ( ) too shallow ( ) shape () other: specify Please describe: k)E 1UdU1_p beF 7'c) U-T7 Ll ZF 77�f E)(1 ST -IN(�, S17Z(,AT7 DID! �i UNOAno/V U PDIV W Ht e-H 7—o BU I LO au E a - STopeY Hay—r- 410H A fD :fj� AOprT bN ON 7-He Eesi' S ( pE 6)17-Ff ra zonal NFL , Variance Information (6/9/2008) Page 5 of 5 91 01 • Case No. (R-03 6. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No P. If yes, explain: 7. Was the hardship created by any other man -made change, such as the relocation of a road? Yes ( ), No ()Q. if yes, explain: 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ( ), No ( ). If no, list some other properties which are similarly affected? • 9. Comments: • I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Sig nature '�-� Date ' v� Applicant's Signature Date Variance Information 16/9/2008) Page 6 of 6 Variance Application (attachments) Question 2: Case # 09— d 2 Currently, there exists a single story wood home with a detached garage on lot. The existing home is between 3 -5 feet from the west lot line next to (Chateau Lane) non - constructed (Fire Lane). This existing house has been situated in this position since the early 1940s. The present zoning code state the new structures be 10 ft from the lot line when adjacent to an undeveloped street (Chateau). We are requesting a variance to rebuild on the existing foundation, which does not meet current zoning codes by 5 -6 feet on the west side; at the same time demolish existing garage, which is currently detached and not in compliance, then rebuild an attached garage to the south side of the new house which will now be in compliance. We have had the foundation inspected. The engineer found the existing foundation to be structurally sound to rebuild a two story home upon, provided re -bar is positioned in the foundation blocks. (see Engineering Report). Additionally, we would like to include a covered front entrance with cement stairs (approximately 6 ft x 8 ft) 5 feet from the west lot line. (see Survey). Question 8: Other newer homes and additions on the block have been granted variances. Notable: 1) 5120 Edgewater, Mike and Barb Wilkus', for hardcover and sidewalk too close to lot line. 2) ., 5116 Edgewater, Jon and Justine Goode, 2nd story addition extends to existing first floor wall which is not compliant to zoning code that requires new structures be a minimum of 6 ft from lot line. Question 9 Comments: The Variance request would be visually similar in material and style of the existing home and an improvement to the street and neighborhood. The variance would also allow the house at 5060 Edgewater Drive, Mound to be updated and reconstructed to a two -story home. lei • I* HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTYADDESS: 570teo 910- OWNER'S NAME: Row 4 ,J"F,= A0r,>E-(ScDt-J LOT AREA SO. FT. X 30% (for all lots) ....................................... I I LOT AREA -7 -3c)-3 - SO. FT. X 40% (for Lots of Record) ............................. I zq2q 1• * Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225, Subd. 6. B. 1 (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT HOUSE x X TOTALHOUSE .................................................... DETACHED BUILDINGS x (GARAGE/SHED) X TOTAL DETACHED BUILDINGS ............................... DRIVEWAY, PARKING x AREAS, SIDEWALKS, ETC. x X - = TOTAL DRIVEWAY, ETC ........................................ DECKS Open decks (1/4!'min. x Opening between boards) with a pervious surface under are not x counted as hardcover. X TOTALDECK ....................................................... - x -X TOTALOTHER .................................................... TOTAL HARDCOVER / IMPERVIOUS SURFACE ................................................... UNDER / OVER (indicate difference) ................................................................. I• PREPARED BY Revised 05/05/05 Fi --- 9 c, I --3 2 10/ -- 0 U D G-4 DATE 5201 E. River Road Suite 308 Minneapolis, MN 55421 Tot 763 - 571.2500 Fax 763 -571 -1168 www.utteig.com March 19, 2009 GBI Homes 112 East Fifth Street, #103 Chaska, MN 55318 Attn: Sharon Goodwin Subject: Foundation Review Anderson Residence - 5060 Edgewater Drive, Mound, MN Ulteig Project No. 09.00550 To Whom It May Concern: • The purpose of this letter is to report the findings of a structural engineering review of an existing foundation. ASSIGNMENT Ulteig Engineers has been retained to provide a structural engineering review of the existing foundation to support the proposed construction to be built at 5060 Edgewater Drive in Mound, MN, as directed by Sharon Goodwin, with GBI Homes. BACKGROUND The existing residence is a 1 -story wood -framed structure with a detached garage. The builder is proposing to remove the existing above grade wood framing and detached garage in order to construct a new two -story residence with a new attached garage. A portion of the plan for the new residence will extend beyond the existing building footprint onto a new foundation. The builder is requesting an independent structural engineering feasibility review of the existing foundation to support the additional loads. • GBI Homes Ulteig Project No. 09.00550 March 19, 2004 • Page 2 DESCRIPTION The proposed residence is a two- story, single - family house with a full basement, walkout at the rear. The basement foundation walls are concrete masonry block and the above grade construction is wood framing. The new foundation for the addition may be cast -in -place concrete or concrete masonry block. OBSERVATIONS AND COMMENTS 1. The following information was obtained during a site inspection on March 11, 2009 by Trevor Axner, PE of Ulteig, as well as from conversations with the builder: a. The existing house is approximately 54 feet deep by 24 feet wide in plan. The average width is closer to 20 feet. b. The foundation is constructed of 101A courses of 10" minimum width concrete masonry block. The slab appears to have been poured integrally with or directly over the concrete footing. The block wall is supported directly on the concrete slab. The approximate clear height of the existing foundation is T -4 ". At the rear walkout wall, the formed slab extends a couple inches beyond the outside of the block, then bevels out to between 4" and 5" beyond the perimeter for the footing width. The • owner dug a hole adjacent the walkout foundation and reportedly the concrete extends 36" below grade. Based on these dimensions, the overall footing width is assumed to be 18" minimum. C. The existing foundation walls are exposed and appear to be in relatively good condition. d. Exterior grade elevation varies. Grade slopes from full height at the front wall to walkout at the rear. e. The existing main level framing consists, of floor joists spanning in the 20 -foot direction with a center interior beam line. The builder is proposing to remove all wood framing down to the top of the foundation wall. f. The builder is proposing to add an additional course of concrete masonry block, as well as a 2 x 6 sill plate. g. The new floor and roof systems will be wood manufacturer engineered trusses spanning the width of the structure. h. The majority of the building footprint will have an additional 8' -0" of width added on. The basement foundation between the new and existing sections will remain but the upper level wall framing will be removed. • GBI Homes Ulteig Project No. 09.00550 March 19, 2009 Page 3 2. The following information is noted with regard to the additional loading on the existing foundation walls: a. Based on the additional course of block added, the foundation stress design to resist lateral soil loading will increase. Top and bottom of wall support reactions will be similar to the existing conditions. Once the course of block is installed, the foundation contractor is to reinforce the existing exterior foundation walls with either (1) #6 or (2) #4 vertical bars at 48" on center, 3" from the inside face. Reinforcement at the front wail adjacent the garage slab on grade is to be spaced at 24" on center. Knock out the face shell of the lowest block if needed to adequately align rebar and ensure proper grouting. Once exterior grade drops to 42" above the basement slab, no additional reinforcement is- required. The existing foundation that will be an interior wall between the new and existing basement sections does not require reinforcement (no unbalanced fill). Provide a Ih" diameter anchor bolt at each vertical bar location as well as at 72" on center nYaximum. Connection to floor joists and non - bearing wall blocking is to be in accoronce with the Code for lateral support of the foundation walls. The following material properties apply — grout with a compressive strength of 3,000 psi and rebar with a yield strength of 60 ksi. b. During construction, the removal of the existing main level wood floor system will significantly change the lateral support structure for the block walls. The contractor is to adequately laterally brace the top of the foundation wall prior to removing the • floor system until the new floor system is in .place. Adequate bracing and shoring is the responsibility of the contractor. C. The main level floor trusses are to bear on the `new' interior existing foundation to reduce loading on the left side of the house. The second level and roof truss systems may span full from the left side of the residence to the new foundation on the right side of the foundation, without interior bearing. d. Assuming a standard allowable net soil bearing pressure of 2,000 psf, 18" wide concrete strip footings are structurally adequate to support the proposed construction including the additional vertical loading at the exterior walls due to the full span trusses. During excavation for the new basement section, the contractor is to verify that the slab and footing extend a minimum of 4" out from the outside of the wall. e. Due to the 36" reported footing depth at walkout, Ulteig recommends installing 2" rigid insulation for additional frost protection. The insulation is to be located 12" below grade and extend horizontally two feet from the outside of the wall. At the foundation, the insulation is to extend vertically to the walkout wall elevation. • WS 1 1 GBI Homes Ulteig Project No. 09.00550 • March 19, 2009 Page 4 [W&O114-11-1 19101A 3. It is our professional engineering opinion that: a. The existing concrete block foundation walls and concrete footings will be structurally sound to support the proposed construction as noted in this report., b. Whenever additional loading is added to existing footings, there is a potential for additional settlement to occur. This movement is not typically extensive but may cause minor distress to finished materials. If the builder is concerned with this potential movement, they may contact a geotechnical engineer to determine the strength of the soils and to quantify the potential for additional settlement to occur. GENERAL 4. The information, observations, and opinions stag iii: is;re�rt are based on an inspection made by Trevor Axner. The inspection c bf a 4� walk- through observing exposed elements and those accessible without ti* of fssrihed materials. 5. The observations and opinions expressed in this report are on our professional engineering judgment and professional practice, as well as the vied inspection. • 6. No other engineering was performed or requested for this project. All new construction is to be in accordance with the Code. U] If you have any questions or comments, please contact us Sincerely, ULTEIG ENGINEERS Trevor A er, PE I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer and the laws of the State of Minnesota. 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Robert Winkler for a setback variance to allow construction of a new single - family home to be located on the property at 5001 Wilshire Boulevard (Resolution No. 08 -57). VARIANCE EXTENSION Details regarding the extension request are contained in the letter of request from the applicant, which was received on April 23, 2009 via email. In summary, the extension has been requested due to delays encountered as part of the utility relocation project. Additionally, the applicant has opted to obtain alternate building contractor services for the construction project. • Pursuant to City Code Section 350.530, Subd. 2 (E), whenever within one (1) year after granting a variance, the use as permitted by the variance has not been completed or utilized, the variance becomes null and void unless a petition for an extension has been submitted at least 30 days in advance of the expiration of the variance. The City Council is advised that all requests for variance extensions require review by the Planning Commission and approval by the City Council. PLANNING COMMISSION RECOMMENDATION The extension request was reviewed by the Planning Commission at its May 5, 2009 meeting who voted to recommend City Council approval of the 1 -year extension request as submitted as recommended by Staff. A draft resolution has been prepared. ADDITIONAL COMMENT The agenda and summary memo prepared for the Planning Commission referenced the subject address as the property at 5001 Brighton Boulevard and has been corrected. ATTACIFIlVIENTS • Letter of request from owner /applicant • Resolution No. 08 -57 adopted at May 27, 2008 Council meeting • Excerpt from Mound City Code — variance extension provisions -907- RESOLUTION # 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING A 1 -YEAR EXTENSION FOR VARIANCE AT PROPERTY AT 5001 WILSHIRE BOULEVARD P & Z CASE # 08 -12 WHEREAS, a variance was approved for the property located at 5001 Wilshire Boulevard on May 27, 2008 to allow construction of a new single- family dwelling following adoption of Resolution No. 08 -57 including all conditions; and WHEREAS, a recorded copy of Resolution No. 08 -57 is on file at Mound City Hall; and WHEREAS, City Code Section 350.530, Subd. 2 (E) states that whenever within one (1) year after granting a variance, the use as permitted by the variance has not been completed or utilized, the variance becomes null and void unless a petition for an extension has been submitted at least 30 days in advance of the expiration of the variance and also requires review by the Planning Commission prior to approval by the City Council. WHEREAS, details regarding the extension request are contained in the letter of request from the applicant, which was received on April 23, 2009 via email. In • summary, the extension has been requested due to delays encountered as part of the utility relocation project. Additionally, the applicant has opted to obtain alternate building contractor services for the construction project. WHEREAS, the variance extension request was reviewed by the Planning Commission at its May 5, 2009 meeting who voted to recommend City Council approval of the 1 -year extension request as recommended by Staff. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted May 12, 2009 Attest: Bonnie Ritter, City Clerk Mark Hanus, Mayor I'IOIs11 • MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION MAY 5.2009 CALL TO ORDER CASE NO. 08-12 1 YEAR EXTENSION FOR VARIANCE FOR NEW SINGLE FAMILY HOME 5001 WILSHIRE BOULEVARD. APPLICANT: T. ROBERT WINKLER Smith explained some of the reasons for the delay of project start. Staff recommends approval of the extension. MOTION by Glister, seconded by Claywell, to recomme Council approve the variance extension as requested The Planning Commission wishes to acknowle that, alt gh they recommended denial of the original variance request, they red d approval of the variance as granted. MOTION carried unanimously. REVIEW OF PROPOSED Z I CE TEXT AMENDMENT FRONT /CORNER SETB SIDENTIAL DISTRICTS MOTION by Ward, second by ister, to recommend Council approve proposed zoning ordinance text amen t. MOTION carried. Unanimously. -909- April 29, 2009 Sarah Smith City of Mound To whom it may concern: I would like to request an extension to the variance I was awarded almost a year ago. I was not granted a building permit from Mound for a number of months due to a telephone pole dispute with my neighbor. I have now been further delayed by having to fire my original building contractor, and I am currently in process of selecting a new builder. I would greatly appreciate a variance extension in consideration of my delays, and continued desire to build. Sincerely, T. Rob Winkler • *I • 14425 17TH AVE. N • PLYMOUTH, MN • 55447 PHONE: -910- CITY OF MOUND RESOLUTION #08-57 RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 5001 WILSHIRE BOULEVARD P & Z CASE # 08 -02 PID #.24- 117 -24 -13 -0034 WHEREAS, the applicant, T. Rob Winkler, has submitted a request for a variance in order to replace the existing home at 5001 Wilshire Boulevard with a new one; and WHEREAS, the property is located at the intersection of Wilshire and Brighton Boulevards, the property was originally platted as part of Block 40 of the Wychwood Subdivision. The Zoning is • R -1, Single Family Residential; and WHEREAS, the property, according to Hennepin County data, currently has a house that was built in 1920 and is a non - conforming structure; and WHEREAS, the applicant proposes the following development standards for this existing lot of record in his survey, submitted on May 12, 2008: ; and WHEREAS, the applicant is requesting a 15 foot variance to the front property line; and • WHEREAS, replacing the existing home is an improvement as the existing, nonconforming home only has 450 square feet of livable area; and -911- Required Proposed /Existing Variance Lot Area 10,000 sq. ft. 6,719 sq. ft. - Lot Width 60 feet 55 feet - Lot Depth 80 feet 101+ feet - Front Yard Setback 30 feet 15 feet 15 feet Rear Yard Setback 15 feet 50 feet - Side Yard Setback — East 10 feet 10 feet - Side Yard Setback — West 6 feet 6 feet - OHWL Setback j 50 feet j 50 feet - Hardcover (maximum 40 %) 1 40% 1 36% - ; and WHEREAS, the applicant is requesting a 15 foot variance to the front property line; and • WHEREAS, replacing the existing home is an improvement as the existing, nonconforming home only has 450 square feet of livable area; and -911- Resolution No. 08 -57 WHEREAS, the new location improves traffic safety and movement as the driveway is relocated off of Brighton Boulevard and onto the access driveway; and WHEREAS, the new location provides a greater setback on Brighton Boulevard as the existing is home is on the property line; and WHEREAS, replacing the existing home will reduce the number of variances for this property from the four recognized in Resolution 91 -105 to one; and WHEREAS, at its April 14, 2008 meeting, the Planning Commission reviewed the variance application that previously included a request for a front setback of 8.26 FT and a lakeshore setback of 45.6 FT and recommended denial of the variance; and WHEREAS, the applicant subsequently revised the plans in an attempt to address the comments and concerns of the Planning Commission; and WHEREAS, the City Council reviewed the application with the May 12, 2008 survey and deemed that the concerns of the Planning Commission were addressed; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound does hereby approve a 15 -foot front yard setback variance, as requested by the applicant with the following conditions: 1. Structures, except balconies, decks and staircases as allowed, shall not be built into the required front, side and rear yards. 2. A foundation survey is required if a proposed building is within 5 feet of the required minimum front/side /rear setbacks. • 3. New construction on the property shall conform to the City Code regulations in all regards with the exception of the approved front setback variance for the new house. 4. The Regulatory Flood Protection Elevation (RFPE) for the City of Mound is 933 feet. Floodplain regulations require that the lowest, of all structures including basements and crawl spaces must be constructed at or bove the RFPE. 5. Hardcover shall be limited to 40 %. Where pervious pavers are used to meet this requirement, the installation shall be by a commercial contractor. An as -built survey shall be submitted for all areas where pervious pavers were used to certify that the installation was done according to the submitted plan. This as -built survey shall be signed by a professional engineer. Staff suggests the applicant contact the manufacturer of the pervious paver product to determine what inspections will be required to provide for "sign -off" on the as -built survey by the manufacturer. Applicant should be advised that inspection(s) at specific intervals may be required. 6. Drainage shall not be directed to neighboring properties or onto Brighton Boulevard. The applicant shall work with staff on the design and construction of the retaining w. alls immediately adjacent to Brighton Boulevard. 7. The curb, gutter and streets which are disturbed because of construction including but not limited to installation of the water service, sewer service and small utilities, shall be replaced. 8. Payment of any City fees for review of the variance application. 2 • -912- Resolution No. 08 -57 9. No future approval of any development plans and /or building permits is included as part • of this land use action. 10. Applicant shall submit all required information upon submittal of the building permit applications, when appropriate. 11. Applicant shall be responsible for procurement of any and /or all public agency permits. 12. The applicant shall be responsible for recording the resolution(s) with Hennepin County. The applicant is advised that the resolution(s) will not be released for recording until all conditions have been met. 13. No building permits will be issued until evidence of recording of the resolution has been provided to the City unless an escrow deposit of sufficient amount is on file or submitted with the City of Mound. 14. For many years a portion of the property has been occupied by Brighton Boulevard. In order to memorialize the location of Brighton Boulevard, the applicant will provide the city with a permanent easement for road purposes over under and across the portion of the property currently occupied by Brighton Boulevard. The city will determine the legal description of the easement area and prepare the document at the expense of the city. Execution and delivery of the easement by the applicant shall be a precondition to delivery of this resolution to applicant for recording. 15. No building permits will be issued until any and /or all fees associated with the land use application have been paid unless an escrow deposit of sufficient amount is on file with the City. 16. In accordance with Minnesota Statutes 15.99, all other requests as submitted in the • original or any subsequent applications) to the extent not specifically approved herein are hereby denied. 17. This variance(s) is approved for the following legally described property: All that part of Block 40, Wychwood, according to the record plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, lying Southeasterly of the following described line:. Commencing at the Southeasterly corner said Block 40; thence Northwesterly along the Easterly line of said Block 40 a distance of 55 feet to the point of beginning of the line to be described; thence deflecting to the left 103 degrees 11 minutes 42 seconds for a distance of 103 feet, more or less, to the shore of Lake Minnetonka and there terminating. Adopted by the City Council this 27th day of May, 2008. . /s/ Bonnie Ritter Attest: Bonnie Ritter, City Clerk -913- /s/ Mark Hanus Mayor Mark Hanus 'i31M IN DIJ, i {� This Settlement Agreement is entered into between the City of Mound (hereafter "City") and Teamsters Local Union No. 324 (hereafter "Union'). WHEREAS, the City and the Union are parties to a collective bargaining agreement effective January 1, 2008 through December 31, 2009; and WHEREAS, on or about December 19, 2008, the Union filed a class action grievance alleging that the City violated past practice and Article 11 of the collective bargaining agreement when bargaining unit members were called in early for snowplowing and then sent home afwr working 8 hours on December 15 and 16, 2008; and the City denied the grievance and cited the language of Article 9.3 which states "It is not required that an employee, working other than the normal work day, be scheduled to work more than eight (8) hours." NOW, + ; FORE, the parties have resolved this matter in mediation and enter into this Settlement Agreement as follows: 1. The City acknowledges that the communication regarding this matter could have been handled better and commits to trying to improve communications in the future. 2. The City Manager has prepared a letter that was distributed to employees regarding communication and employee appreciation. This letter is attached hereto as Exhibit A. 3. The Union acknowledges chat since December 15 and 16, 2008, the Public Works Department supervisors have been communicating shin length changes in a satisfactory manner and the City commits to continued prompt communication. 4. The Union shall withdraw the grievance with prejudice. 5. This Settlement Agreement is based upon the unique circumstances of the present cases and shall not constitute a precedent with respect to any other claim, grievance or dispute arising between the City and the Union or any member of the bargaining unit covered by the collective bargaining agreement between the City and the Union. 6. This Settlement Agreement represents the complete and total agreement between the parties regarding this matter. T S WHEREOF, the parties have executed this Settlement Agreement this 17 day 2009. FOR CrIY OF • E -914- • CITY OF MOUND RESOLUTION NO. 09- RESOLUTION APPROVING FOURTH SUPPLEMENT TO MEMORANDUM OF UNDERSTANDING WHEREAS, the Council has reviewed the form of document entitled: Fourth Supplement to Memorandum of Understanding, (attached hereto as Exhibit A , has received the recommendations of staff regarding same and is fully informed as to its content. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota as follows 1. The Supplement is, in all respects hereby approved. 2. The Mayor and City Manager are directed to execute the same and to take all steps necessary to carry out the obligations of the City thereunder. Adopted by the City Council of the City of Mound, Minnesota this 12th day of May, 2009. • Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus 343438v1 JBD MU195 -15 1 -915- Fourth Execution Copy • Supplement to Memorandum of Understanding THIS AGREEMENT, is made as of the day of May, 2009, by and between the City of Mound, a Minnesota municipal corporation (the "City ") and Mound Harbor Renaissance Development, LLC, a Minnesota limited liability corporation ( "MHR "), and the Villas on Lost Lake Homeowners Association (the "Association") BACKGROUND On or about November 23, 2005, the parties entered into a Memorandum of Understanding (the "MOU ") relating to dredging, construction and use of a 37 -slip dock facility all as fully set out in the MOU. The 37 -Slip Dock Facility is shown on the attached Exhibit A. 2. Pursuant to the MOU the parties also entered into an Escrow and Disbursing Agreement dated _ September, 2007 ( the "EDA ") pertaining to the reserve of funds to cover certain future expenditures relating to the Lost Lake channel, the 37 slips and the area serving the 37 slips all as fully set out in the EDA. 3. On or about November _, 2008, the parties entered into a Supplement to Memorandum of Understanding (the "Supplement"), a Second Supplement to Memorandum of • Understanding (the "Second Supplement") and a Third Supplement to Memorandum of Understanding (the "Third Supplement ") each of which modified the provisions of the MOU and the EDA as they related to the availability of slips within the 37 -slip Facility. The Supplement, the Second Supplement, and the Third Supplement are collectively referred to as the Supplements. 4. The MOU, the EDA and the Supplements are currently in full force and effect according to their terms. 5. The City has requested that the parties revise the Supplements to increase the number of slips that are available within the city's dock program beginning with the 2009 boating season. 6. As a result of discussions between the City and MHR, the parties have agreed to the terms of this Fourth Supplement to the MOU.. Those terms are set out herein. 11W 07 317.Y1 W411017QCl1.� 1. The provisions of the MOU, the EDA, and the Supplements are incorporated at this point as if fully set out herein. For the purpose of this Agreement, the term Non -Owner shall mean a person who is not the occupant or owner of a home in the Villas. 351035v5 JBD NW195 -15 -916- is I• • • 2. Notwithstanding any provision contained in the MOU, the EDA or the Supplement to the contrary, the parties agree as follows: (1) (a). For the 2009 boating season only, the city will be responsible for licensing to the general public, all of the slips shown on Exhibit A except for slips 24, 25, 26 and 27 (the "Reserved Owner Slips "), unless the President of the Association notifies the City by not later than May 13, that less slips will be required by the occupants and owners for the 2009 boating season. (b). For 2010 and succeeding boating seasons: (i) not later than October 15 of the year prior to any boating season the Association/MHR will provide preliminary notice to the city of the number of slips that it expects will be licensed by owners or occupants of the residential units for the next boating season ( "Preliminary Number "); (ii) not later than February 28 of the following year, the Association/MHR will make application, and pay the required fees, for the actual number of slips that will be licensed by owners or occupants of the residential units for that boating season ( "Final Number "), which may be less, but not more than the Preliminary Number; (iii) not later than May 15 of each year, the City will notify the Association/MHR of the number of slips in the facility that the City will be responsible for during the boating season for that season. The number may be equal to or less than the number of slips in the facility minus the Final Number licensed to owners and occupants. (2) In determining the number of available slips it will seek to license, the city may advertise to the general public with preference individuals who are participating in the city's dock program. (3) Licenses issued to Non - Owners are for an annual basis only, and will not be renewed as to any year for which the City has received an application for that slip from an owner of a home in the Villas, but only after all of the Reserved Owner Slips area have been assigned to Owners. Licenses shall contain a statement to that effect. (4) Licenses issued to owners and to Non - Owners shall provide that a license will be subject to revocation or suspension if the licensee is involved in conduct which unreasonably annoys members of the public or owners or occupants of nearby residential dwellings. 351035v5 JBD MU195 -15 2 -917- (5) Licenses issued to Non - Owners shall contain a statement to the effect that parking of vehicles in connection with use of the slip will be limited to designated permitted • areas and prohibited anywhere within the Lost Lake community as well as in other designated prohibited areas; and that a violation of those provisions may result in revocation or suspension of the license. (6) Slips licensed by the City to Non - Owners will be subject to the offset provisions contained in paragraph 2(c) of the EDA. Those licensees will be expected to pay the full license fee and the allocated portion of the Deposits as described in the EDA. Neither MHR nor the Association shall have any responsibility for payment of the Deposits or the offset provisions relating to the slips allocated to the City under this agreement during the years of such allocations. 3. If this Agreement is determined to be in violation of any license, permit or approval issued by any other governmental authority in connection with the slips or the dredge, this Agreement shall automatically be null and void without action from either parry, except that any current annual licenses shall remain in effect for their term. 4. Any notice shall be given in writing, signed by the party giving notice, personally delivered or mailed by certified or registered mail, return receipt requested, to the parties' respective addresses as set forth below: To MHR: Mound Harbor Renaissance Development, LLC 152194' Lane NE • Minneapolis, MN 55449 Attn: David Newman, Chief Manager With copies to: Thomas A. Stokes 4052 Oakland Street St. Bonifacius, MN 55375 Plum Investment Company 700 East Lake Street, Suite 201 Wayzata, MN 55391 Attn: Peter Pflaum, President and Chief Financial Officer Key Investment, Inc. 225 6th Street, Suite 5200 Minneapolis, MN 55402 Attn: Jerry Paquin, Chief Operating Officer To Association: The Villas on Lost Lake Homeowners Association Attn: Tom Stokes 4052 Oakland Street St. Bonifacius, MN 55375 r� 351035v5 JBD MU195 -15 3 . ; To the CITY: Kandis M. Hanson, City Manager • Mound City Hall 5341 Maywood Road Mound, MN 55364. With copy to: Mr. John Dean I* City Attorney Kennedy & Graven 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 Notice shall be deemed delivered (a) in the case of personal delivery, on the date when personally delivered; or (b) in the case of certified or registered mail, on the date which is one day after deposited in the United States mail with sufficient postage to effect such delivery. Each party may change recepient and the address to which notice must be given by delivery of written notice to the other parties in accordance with this Paragraph 4. 5. Counterparts. This Agreement may be executed in any number of counterparts,m all of which shall constitute one and the same instrument. 351035v5 JBD MU195 -15 4 -919- IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. • Mound Harbor Renaissance Development, LLC By: Its: City of Mound By: Its: By: Its: The Villas on Lost Lake By: Its: By: Its: Drafted by: Kennedy & Graven, Chartered (JBD) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 351035v5 JBD W195 -15 5 -920- L� • 5341 Maywood Road City Mound, MN 55364 � Mound (952) 472 -3190 Department • MEMORANDUM To: Honorable Mayor and City Council From: Carlton Moore, Director of Public Works Date: May 12, 2009 Subject: Water Standpipe Structure Space Lease Agreement The City of Mound owns a water tower standpipe on the Island at the intersection of Donald and Devon. T- Mobile has submitted to the City a request to have an option for future site lease and antenna on the standpipe. Staff and the City attorney have negotiated the proposed agreement titled "Option and Site Lease Agreement ". The agreement is similar to the other agreement we have with T- Mobile for the same type of cell equipment and antenna at well # 8 on Evergreen Road. The Option in the agreement gives T- Mobile two years with a six month extension to construct the antenna and base equipment. In exchange the City receives $2,000 for the two years of the option and another $500 for the six -month extension if requested. The site lease portion of the agreement is very similar to the other site lease agreements the City has with other cell companies which is for a period of 4 five year renewal periods at beginning at an annual lease of $20,000 and increasing with the area CPI each year thereafter. Recommendation • Based on its review, Staff recommends the City Council authorize execution of the Option and Site Lease Agreement with T- Mobile. A complete copy of the agreement is available in the Public Works office for review. • -922- 4 -6-09¶ Site Name: AIP0099A Mound Site #: MN0147 OPTION AND SITE LEASE AGREEMENT This Option And Site Lease Agreement ( "Agreement ") is made as of this ' 2009 ( "Effective Date "), by and between City of Mound, a Minnesota municipal corporation ( "Owner "), whose address is 5341 Maywood Road, Mound, MN 55364 and T- Mobile Central LLC, a Delaware limited liability company ( "T- Mobile "), whose address is 12920 SE 38th Street, Bellevue, WA 98006, for the leasing of certain property interests at 3036 Donald Drive, Mound, Minnesota, 55364, pursuant to the following terms: 0. OPTION TO LEASE. a) In consideration of the payment of Two Thousand and no /100 dollars ($2,000.00) (the "Option Fee ") by T- Mobile to Owner, Owner hereby grants to T- Mobile an option to lease a portion of the Owner's Property (as that term is defined below), on the terms and conditions set forth herein (the "Option "). The Option shall be for an initial term of twenty -four (24) months, commencing on the Effective Date (the "Option Period "). The Option Period may be extended by T- Mobile for an additional six (6) months upon written notice to Owner and • payment of Five Hundred and no /100 .dollars ($500.00) ( "Additional Option Fee ") at any time prior to the end of the Option Period. b) During the Option Period and any extension thereof, and during the Initial Term and any Renewal Term (as those terms are defined below) of this Agreement, and subject to all governmental rights as a regulatory body, which Owner does not waive, Owner agrees not to interfere with T- Mobile in obtaining, at T- Mobile's expense, all licenses and permits or authorizations required for T- Mobile's use of the Leased Premises (as defined below) from all applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communications Commission ( "FCC ") ( "Governmental Approvals "), including all land use and zoning permit applications, and Owner agrees to cooperate with and to allow T- Mobile, at no cost to Owner, to obtain a title report, zoning approvals and variances, land -use permits. Owner expressly grants to T- Mobile a right of access to the Owner's Property to perform any surveys, soil tests, and other engineering procedures or environmental investigations ( "Tests ") on the Owner's Property deemed necessary or appropriate by T- Mobile to evaluate the suitability of the Owner's Property for the uses contemplated under this Agreement. During the Option Period and any extension thereof, and during the Initial Term or any Renewal Term of this Agreement, Owner agrees that it will not interfere with T- Mobile's efforts to secure other licenses and permits or authorizations that relate to other property. During the • Option Period and any extension thereof, T- Mobile may exercise the Option by so 331044v8 JMS MU220 -4 1 -923- notifying Owner in writing, at Owner's address in accordance with Section 17 G • hereof 1. PROPERTY. If T- Mobile exercises the Option, then Owner hereby leases and grants to T- Mobile property interests (collectively, the "Leased Premises ") that shall include the following: real property comprised of approximately Three Hundred Fifty (350) square feet of land, water tower ( "Structure ") exterior space for attachment of up to Nine (9) antennas; space required for cable runs to connect equipment and antennas; non- exclusive easements required to run utility lines and cables, and a non - exclusive easement across Owner's Property (hereinafter defined) for access in or upon the Owner's real property ( "Owner's Property ") legally described on Exhibit "A" attached hereto. The Leased Premises are shown in relation to the Owner's Property on Exhibit "B" attached hereto. The exact location of the Leased Premises upon the Owner's Property has been approved by the Owner's Director of Public Works and is a condition to Owner execution of this Agreement. 2. TERM. The initial term of this Agreement shall begin on the "Commencement Date" (as hereinafter defined) and subject to the terms of the Termination paragraph herein, shall end on December 31 of the year in which the fourth annual anniversary of the Commencement Date occurs ( "Initial Term "). The Commencement Date shall be the date of T- Mobile's written notice of exercise of Option. 3. RENT. T- Mobile shall pay Owner the annual rent beginning twenty (20) days after the • Commencement Date for the first calendar year (or portion thereof) and thereafter ten (10) days prior to the first business day of the next calendar year of the term of this Agreement. The annual rent for the initial term shall be Twenty Thousand and N01100 dollars ($20,000) ( "Initial Annual Rent ") together with any applicable sales tax. Rent for any initial partial year will be prorated. T- Mobile shall be entitled to a pro -rata reimbursement of any pre -paid Rent upon early termination of this Agreement as provided for in the termination provisions below. The annual rent shall be increased on the anniversary of the Commencement Date and on each anniversary thereafter by the increase in the Consumer Price Index ( "CPI "). The CPI shall mean the Consumer Price Index for AU Urban Consumers, All Cities, All Items (1984 = 100)" as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by T- Mobile under a CPI adjuster, the annual rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent (annualized for the first year). Owner shall communicate all rental increases to T- Mobile in writing at least sixty (60) days prior the anniversary of the Commencement Date. If Owner does not notify T- Mobile of the Rent increase calculation on or before such • 3310440 JMS MU220 -4 -924- • date, the then current Rent shall increase by three percent (3 %) for the following year. 4. RENEWAL TERMS. A. T- Mobile may extend the term of the Agreement for four (4) additional five (5) year renewal periods (individually, and "Renewal Term" and collectively, the "Renewal Terms.") T- Mobile shall have elected to extend the term for each successive Renewal Term unless it gives Owner written notice of its intention not to extend at least thirty (30) days prior to the expiration of the then current term. B. T- Mobile hereby acknowledges that Owner intends, but is not obligated to, demolish the Structure and may, but is not obligated to, construct a similar water tower in the immediate area sometime after the second Renewal Term. Owner shall give T- Mobile nine (9) months written notice prior to the date the Structure will no longer be useable for the Communications Facilities. Owner retains the right to require T- Mobile to relocate its equipment, or place a cell on' wheels ( "COW "), to a temporary location on the Property during the building of a new water tower in the immediate area, unless the Owner can demonstrate that the health, safety or general welfare of Owner's inhabitants will be adversely affected by the leasing of space on the new water tower to T- Mobile under substantially similar terms and conditions as this Agreement, in which event, Owner may terminate this Agreement. If no such concerns are demonstrated by Owner and the new water tower is constructed in the immediate area, T- Mobile may relocate its equipment to the new water tower and this Agreement shall continue under the same terms and conditions as set forth herein. Modifications shall be made to reflect any changes in the description and or depiction of the Structure, Premises and Communications Facility. C. If Owner gives notice of termination under section 4(B) above and requires substantial modification of the terms in a new agreement for T- Mobile to utilize the new water tank, good faith negotiations shall commence upon T- Mobile's receipt of such notice and both parties shall diligently pursue mutually acceptable terms for a new agreement. Owner agrees the negotiations shall continue for a reasonable time and shall be limited to those terms that bear a rational relationship to the health, safety or general welfare of the public. 5. USE. T- Mobile may use the Leased Premises for the purpose of installing, removing, replacing, maintaining, modifying, altering and operating a communications facility (collectively, the "Communications Facility" or "Facilities "). The manner in which the Communications Facility is attached to the Leased Premises has been approved by Owner and a building permit for such installation has been issued by Owner. T- Mobile shall request access to the Structure twenty -four (24) hours in advance, except in an emergency when no prior notice is required, and Owner's approval shall not be unreasonably withheld or delayed. Owner shall provide T- Mobile with twenty -four (24) hour, seven (7) 3310448 JMS MU220 -4 -925- day a week year round access to the Leased Premises. Provided, however, that at Owner's sole option, Owner may require that an Owner representative accompany T- Mobile during any such access and that T- Mobile reimburse Owner at the representative's established hourly rate of compensation. T- Mobile will pay all personal property taxes (if any) assessed against the Communications Facility upon satisfactory evidence of such assessment as provided by Owner. Owner shall timely pay all real property taxes and assessments against the Owner's Property. T- Mobile will not allow any mechanics' or materialmen's liens to be placed on the Leased Premises as a result of its work on the Leased Premises. 6. FACILITIES. A. Installation. T- Mobile agrees to install its Communications Facilities as described in Exhibit "D" attached hereto, in compliance with the Site Standards (as outlined in Exhibit "C ") and any reasonable amendments thereto, all FCC rules and regulations, and with good engineering practices. T- Mobile agrees that its Communications Facilities will be of types and frequencies which will not cause radio frequency interference to Owner or to any other lessees of the Owner's Property existing as of the Commencement Date, provided that Owner, all lessees and other users of the Owner's Property are in full compliance with Subparagraph 6A herein, In the event such interference does occur, T- Mobile agrees that it shall be responsible for the correction of said interference, at its own expense, as provided in Paragraph 7 below. • T- Mobile shall construct at its expense the Communications Facilities on the Leased Premises in accordance with Owner- approved plans, specifications, and site plan on file with Owner and as identified in Exhibit "D" and in accordance with all applicable codes, ordinances and statutes. After construction T- Mobile shall repair and maintain its Communications Facilities and all antennas for reasons of safety and aesthetics at its own expense, which repair and maintenance shall occur at least annually. B. Frequencies. T- Mobile has listed in Exhibit D the range of frequencies it shall operate on the Leased Premises. Prior to adding additional frequencies on the Leased Premises, T- Mobile agrees to notify the Owner of the modified frequencies. T- Mobile shall carry out the necessary interference studies, and Owner, at its sole option, may independently verify the study results at T- Mobile's expense. For the purpose of this Agreement, harmful interference shall be defined as transmitters that produce receiver desensing because of inadequate frequency spacing between new transmitters and existing receivers, or transmitters that produce second, third, or fifth order harmful intermadulation products within twenty (20) KHZ of existing receivers on the Owner's Property. T- Mobile will not utilize transmitters at the Leased Premises that cause harmful interference to existing radio users on the Owner's Property. 331044v8 JMS MU220 -4 4 -926- • T- Mobile may, at its option, add or modify its Communications Facilities on the Leased Premises with prior notification to and approval of the Owner, but will not be required to notify Owner of work completed within T- Mobile's communications building. 7. T- MOBILE INTERFERENCE. A. User Priority. T- Mobile agrees that the following priorities of use, in descending shall apply in the event of communication interference or other conflict while this Agreement is in effect: 1. Owner; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not a part of the Owner; T- Mobile and other government - regulated entities whose antennas offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. B. With Structure. T- Mobile shall not interfere with Owner's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Owner's use thereof no later than three business days after receipt of written notice of the interference from Owner. In the event that T- Mobile cessation of • action. is material to T- Mobile's use of the Leased Premises and such cessation frustrates T- Mobile's use of the Leased Premises within T- Mobile's sole discretion, T- Mobile shall have the immediate right to terminate this Agreement for cause and without payment for any damages. The term "interference" in this Section B includes mechanical interference or any installation by T- Mobile that interferes with the operation and maintenance of the Structure. C. With Higher Priority Users. If T- Mobile's Communications Facilities cause impermissible interference with higher priority users as set forth in Subparagraph 7A above or with preexisting tenants as of the Commencement Date, T- Mobile shall take all measures necessary to correct and eliminate the interference: If. the interference cannot be eliminated within forty -eight (48) hours after receiving Owner's written noting of the interference, T- Mobile shall immediately cease operating its Communications Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within sixty (60) days after T- Mobile received Owner's written notice, Owner or T- Mobile may at its option terminate this Agreement immediately for cause and without payment of any damages. D. Interference Study -- New Occupants. Upon written notice by Owner that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ( "Leased Premises Area "), T- Mobile agrees to • provide Owner within sixty (60) days, the radio frequencies currently in operation 331044v8 JMS MU220 -4 5 -927- or to be operated in the future of each transmitter and receiver installed and • operational by T- Mobile on the Leased Premises. At the time of such request, Owner may then have an independent, registered professional engineer of Owners choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to T- Mobile. Owner shall require the new applicant to pay the reasonable cost for such interference studies. E. Interference -New Occupants. Owner agrees that it will not grant a future lease in the Leased Premises Area to any parry who is of equal or lower priority to T- Mobile, if such party's use is reasonably anticipated to interfere with T- Mobile's operation of its Communications Facilities or would contribute to causing interference with higher priority users. Owner agrees further that any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with T- Mobile's Communications Facilities. Owner agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to T- Mobile to provide T- Mobile these same assurances against interference. Owner shall have the obligation to eliminate any interference with the operation of T- Mobile caused by such subsequent occupants. If such interference is not eliminated, T- Mobile shall have the right to terminate this Agreement or seek injunctive relief against the interfering occupant, at T- Mobile's expense. F. Owner Consultant/Facilities Removal./Restoration Costs. Within twenty (20) days • of the full execution of this Agreement, T- Mobile shall deposit with Owner the sum of Twenty Thousand and No /100 Dollars ($20,000.00), , for reimbursement to Owner for costs it may incur in connection with T- Mobile's operations at the Leased Premises, including but not limited to Owner use of an independent, qualified consultant to undertake frequency or interference testing. Upon review and approval of the Facilities and frequencies and after deducting Owner costs incurred in the review, Owner shall return the remaining balance to T- Mobile. Thereafter, Owner shall invoice T- Mobile for all reasonable costs incurred for periodic review and interference studies Owner may carry out pursuant to this Agreement. T- Mobile shall pay such invoice(s) within 60 days of receipt or Owner may declare T- Mobile in default. Upon termination of this Agreement, T- Mobile shall remove Communication Facilities and restore the Leased Premises Area to the same condition that existed before T- Mobile entered into this Agreement. T- Mobile expressly agrees that Owner may also draw on this deposit to reimburse Owner for its inspection costs associated with the installation, ongoing operation, maintenance,, and modification of T- Mobile's equipment. 8. UTILITIES. Payment for electric service, telephone or other communication services to the Communications Facility shall be T- Mobiles sole responsibility. Owner agrees to • 331044v8 JMS MU220 -4 6 i0 cooperate with T- Mobile in its efforts to connect the Communications Facility to existing utility service at T- Mobile's expense. 9. INSURANCE. A. Indemnity. T- Mobile shall indemnify Owner and hold Owner harmless from and against any and all claims and demands relating to the negligence or misconduct of T- Mobile, its agents and employees, including the payment of reasonable attorneys' fees and costs for' damages to property and injury or death to persons, including any payments made under any workers' compensation law or any plan for employees' disability and death benefits, which may arise out of or be caused by the installation, maintenance, presence, use or removal of T- Mobile's Communications Facilities in the Leased Premises described hereunder, except as said claim or demand may arise out of or in any way result from the negligence or willful misconduct of Owner, its employees, agents or invitees. Owner does not waive any rights it has under Minnesota Statutes, Chapter 466, governmental immunities. B. Workers Compensation. T- Mobile must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of $1,000,000 bodily injury each accident, $1,000,000 bodily injury by disease, policy limit, and $1,000,000 bodily injury by disease, each employee. • C. General Liability. T- Mobile must maintain an occurrence form Commercial General Liability Coverage. Such coverage shall provide for third party bodily injury and property damage arising out T- Mobile's use, maintenance, or operation of the Leased Premises and Communications Facility. C7 T- Mobile must maintain aforementioned Commercial General Liability Coverage with limits of liability of $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the Commercial General Liability Coverage or in combination with an Umbrella or Excess Liability Policy, provided coverage afforded by the Umbrella or Excess Policy is no less than the underlying commercial General Liability Coverage. D. Automobile Liability. T- Mobile must carry Commercial Automobile Liability Coverage. Coverage shall afford total combined single limits in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Automobile Liability Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage afforded by the Umbrella or Excess Policy is no less than the underlying Commercial Automobile Liability coverage. 331044v8 JMS MU2204 -929- Coverage shall be provided for third party bodily injury and property damage arising out of the ownership, use maintenance or operation of all owned, non - owned, and hired automobiles. Unless rejectable by State law, the Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. E. T- Mobile Property Insurance. T- Mobile must keep in force during the term of the Agreement a policy covering damages to its Communications Facilities at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. F. Additional Insured- Certificate of Insurance. T- Mobile shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company mutually agreeable to both Owner and T- Mobile (rated A or better), licensed to do business in the state of Minnesota, which includes all coverages. required in this Paragraph. T- Mobile will name Owner as an Additional Insured on the Commercial General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall provide that the coverage may not be canceled without thirty -(30) days prior written notice to Owner. is G. Casualty. Neither party shall be liable to the other (or to the other's successors or . assigns) for any loss or damage caused by fire or other casualty. H. Owner's Insurance. The Owner is covered by insurance through the League of Minnesota Cities Insurance Trust. 10. - TERMINATION. A. Termination Events. Except as otherwise provided herein, this Agreement may be terminated, without any penalty or further liability, on sixty (60) days notice as follows: (1) by either party upon default of any covenant or term hereof by the other party which default is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof) unless such default may not reasonably be cured within a sixty (60) day period in which case, this Agreement may not be terminated if the defaulting party commences action to cure the default within such sixty (60) day period and proceeds with due diligence to fully cure the default; (2) by T- Mobile if it is unable to obtain or maintain any license, permit or other governmental approval necessary to the construction and/or operation of the Communications Facilities or T- Mobile's business; is 331044v8 JMS MU220 -4 IRMO . (3) by T- Mobile if the Leased Premises is or becomes unacceptable under T- Mobile's design or engineering specifications or the communications systems to which the Communications Facilities belong; (4) By Owner, after the expiration of the second Renewal Term, upon nine (9) months prior written notice to T- Mobile, if its Council votes to redevelop the Leased Premises in a manner inconsistent with the continued use of the Leased. Premises by T- Mobile and/or discontinues use of the Structure, including destroying the Structure, for all purposes; (5) By Owner, after the expiration of the second Renewal Term, upon sixty (60) days written notice, if an independent licensed engineer determines that the Structure is structurally unsound to accommodate the Communications Facilities, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source; (6) By Owner, upon sixty (60) days written notice, if after engineering studies, it determines that a potential user with a higher priority under Subparagraph 7A above cannot find another adequate location, or the Communications Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study • that was part of the application process, provided that Owner shall not at any time over the balance of the then existing term and all unexpired Renewal Terms, lease the Leased Premises space as depicted on Exhibit A -1 attached hereto to another party with equal or lesser priority for the same use as that of T- Mobile. B. Site Restoration. In the event that this Agreement is terminated or not renewed, T- Mobile shall have ninety (90) days from the termination or expiration date to remove its Communications Facilities, and related equipment from the Leased Premises, repair the site and restore the - surface of the Structure, reasonable wear and tear excepted. Upon the timely removal of the Facilities and related equipment, the repair of the site and the restoration of the Structure surface to the reasonable satisfaction of the Owner, reasonable wear and tear and casualty excepted, Owner shall return the remaining deposit established pursuant to paragraph 71. above. In the event that T- Mobile's Communications Facilities and equipment are not removed within the allotted time frame, they shall be deemed abandoned and become the property of the Owner and T- Mobile shall have no further rights thereto. All costs incurred by Owner in the removal of said abandoned equipment and site restoration shall be reimbursed from the deposit established in paragraph 7.F. If said deposit is insufficient to reimburse Owner fully for its reasonable costs, Owner shall invoice T- Mobile, or its successor, for the remaining balance which shall be due and payable within thirty (30) days of mailing. The provisions of this paragraph shall not be limited by Owner's • 3310448 JMS MU220 -4 9 -931- waiver of rights concerning the Communications Facility as provided for in • paragraph 20. 11. COMPLIANCE WITH STATUTES AND REGULATIONS: T- Mobile's Communications Facilities shall be erected, maintained and operated in accordance with City code, and State statutes, rules and regulations and in compliance with any regulations and in compliance with any rules or orders now in effect or that hereafter may be issued by the FCC, and FAA and the Metropolitan Airports Commission and with the Site Standards as outlined in Exhibit "C." 12. MAINTENANCE AND OPERATION PROPERTY. A. Owner Right to Operate. Owner shall have the right to operate its facilities at the Structure in such manner as will best enable it to fulfill its own service requirements, but in accordance with the provisions herein. Owner shall not be liable to T- Mobile for any interruption of the service of T- Mobile or for interference with the operation of T- Mobile's Communications Facilities arising in any manner from Owner's use of the Leased Premises thereunder, unless due to the gross negligence or willful misconduct of Owner, its employees, agents, or invitees: B. Limitations of Owner's Liability. If Owner terminates this Agreement other than as of right as provided in this Agreement, or Owner negligently causes interruption of the business of T- Mobile or for any other Owner breach of this Agreement, Owners liability for damages to T- Mobile shall be limited to the actual and direct costs of Communication Facilities and equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of T- Mobile as a going concern, future expectation of profits, loss of business or profit or related damages to T- Mobile. C. Temporary Interruptions of Service. If Owner reasonably determines that continued operation of the Communications Facilities would cause or contribute to an immediate threat to public health and/or safety including evidence that T- Mobile is failing to comply with FCC emission standards relating to radio frequency transmission, Owner may order T- Mobile to discontinue its operation. T- Mobile shall immediately comply with such order. Service shall be discontinued only for the period that the immediate threat exists. If Owner does not give prior notice to T- Mobile, Owner shall notify T- Mobile as soon as possible after its action and give its reason for taking the action. Owner shall not be liable to T- Mobile or any other parry for any interruption in T- Mobile's service or interference with T- Mobile's operation of its Communications Facilities, except as may be caused by the gross negligence or willful misconduct of Owner, its employees or agents. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, T- Mobile shall have the right to terminate this Agreement within its sole discretion for cause and 01 without payment of any damages. • 3310440 JMS MU220 -4 10 -932- • D. Maintenance, Improvement Expenses. All modifications to the Leased Premises and all improvements made for T- Mobile's benefit shall be at T- Mobile's expense and such improvements, including the Communications Facility and equipment, shall be maintained in a good state of repair at least equal to the standard of maintenance of the surrounding Owner's Property on or adjacent to the Leased Premises and shall be secured by T- Mobile. T- Mobile's antennas shall at all times be painted, at T- Mobiles expense, the same color as the Structure. In the event Owner's reasonable maintenance of Owner's Property affects areas involving the Leased Premises, within ten (10) days of receipt of prior written notice from Owner, T- Mobile agrees to protect its equipment from such repairs at T- Mobiles sole cost and expense. Should Owner's maintenance cause an interruption in T- Mobiles use of the Leased Premises (i.e. removal of T- Mobile's antennas for Structure maintenance), T- Mobile shall be allowed to place a temporary facility in order to maintain uninterrupted service, provided such facility does not endanger the public health, safety and welfare. T- Mobile's ability to place a temporary facility shall also apply in the event that Owner removes the Structure and this Agreement is allowed to remain in force as discussed earlier in Section 4. T- Mobile shall remove the temporary facility as soon as the need for the temporary facility has ended. E. Replacements. Before T- Mobile may expand the Communications Facility, T- • Mobile must notify and provide a detailed proposal to Owner. T- Mobile shall submit to Owner a detailed proposal for any such expansion and any other information reasonably requested by Owner for such requested expansion, including but not limited to, a technical study carried out at T- Mobile's expense. The proposal shall be deemed approved if Owner has not responded within sixty (60) days of receipt of the detailed proposal. F. Additional Maintenance Expense. Upon notice from Owner, T- Mobile shall promptly pay to Owner from the deposit established in paragraph 7.F. all reasonable additional Owner expenses incurred in maintaining the Leased Premises including painting of the Leased Premises that are directly caused by T- Mobile s occupancy of the Leased Premises. 13. HAZARDOUS SUBSTANCES. Owner represents that Owner has no knowledge of any substance, chemical, or waste on Owner's Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Owner shall hold T- Mobile harmless from and indemnify T- Mobile against any damage, loss, expense, response costs, or liability, including consultant fees and attorneys' fees resulting from the presence of hazardous substances on, under, or around Owner's Property or resulting from hazardous substances being generated, stored, disposed of, or transported to, on, under, or around Owner's Property as long as the hazardous substances were not generated, stored, disposed of, or transported by T- Mobile or its employees, agents or contractors. • 331044v8 JMS MU220 -4 11 -933- 14. CASUALTY. If any portion of Owner's Property or the Communications Facility is • damaged by any casualty and such damage adversely affects T- Mobile's use of the Leased Premises, this Agreement shall terminate as of the date of the casualty if T- Mobile gives written notice of the same within thirty (30) days after T- Mobile receives notice of such casualty. 15. CONDEMNATION. If a condemning authority takes any portion of Owner's Property and such taking adversely affects T- Mobile's use of the Leased Premises, this Agreement shall terminate as of the date of the- taking if T- Mobile gives written notice of the same within thirty (30) days after T- Mobile receives notice of such taking. The parties shall be entitled to make claims in any condemnation proceeding for value of their respective interests in Owners Property (which for T- Mobile may include, where applicable, the value of the Communications Facility, moving expenses, prepaid rent, and business relocation expenses). Sale of all or part of Owner's Property to a purchaser with the power of eminent domain in the face of the exercise of such power shall be treated as a taking by condemnation. 16. QUIET ENJOYMENT. T- Mobile, upon performance of its obligations hereunder, shall peaceably and quietly have, hold and enjoy the Leased Premises. If, as of the date of execution of this Agreement or hereafter, there is any mortgage or other encumbrance affecting Owner's Property, Owner agrees to obtain from the holder of such encumbrance an agreement that T- Mobile shall not be disturbed in its possession, use and enjoyment of the Leased Premises. Owner shall not cause or permit any use of Owner's Property which interferes with or impairs (a) the integrity of the • Communications Facility or the structure to which it is attached or (b) the quality of the communication services being rendered by T- Mobile from the Leased Premises. Except in cases of emergency, Owner shall not have access to the Leased Premises, except the Structure, unless accompanied by T- Mobile personnel. 17. MISCELLANEOUS. A. Authority; Title. Owner represents and warrants that Owner has full authority to enter into this Agreement and that any person or entity executing in a representative capacity for Owner has full authority to do so, such authority being verified and confirmed by attestation in the provided therefor. Further, Owner represents that it has good and marketable title to Owner's Property. B. Integration; Amendment. This Agreement supersedes all prior discussions and negotiations and contains all agreements and understandings between Owner and T- Mobile, except that Owner and T- Mobile also have entered into a certain Access Agreement that shall operate independently of this Agreement. This Agreement may only be amended in writing signed by all parties. Exhibits "A" through "D" are incorporated into this Agreement by reference. C. Counterparts. This Agreement may be signed in counterparts by the parries hereto. • 331044v8 JMS MU220 -4 12 -934- • D. Successors in Interest. The terms and conditions of this Agreement shall run with the land and shall extend to and bind the heirs, personal representatives, successors and assigns of Owner and T- Mobile. E. Attorneys Fees. The prevailing party in any action or proceeding in court to enforce the terms of this Agreement shall be entitled to receive its reasonable attorneys fees and other reasonable enforcement costs and expenses from the non prevailing party, for an amount not " to exceed Five Thousand Dollars ($5,000) total. F. Memorandum of Agreement. Owner shall contemporaneously herewith execute, acknowledge and deliver to T- Mobile for recording a Memorandum of this Agreement ( "Memorandum ") in the form of Exhibit "B ". G. Notice. Notices shall be in writing and sent by United States Mail, postage prepaid, certified or registered with return receipt requested or by courier service to the address set forth beneath the signature of each party below. During the Initial Term and any Renewal Term, T- Mobile shall provide Owner, the phone number, for T- Mobile's person in charge of the site, i.e., site manager or project manager. T- Mobile shall also send a copy of all such notices to Owner's public works department as follows: Attn: Carlton Moore, 5341 Maywood Road, Mound, MN 55364 -1627. H. Governing Law. This Agreement shall be construed in accordance with the laws of Minnesota. Each party agrees to furnish to the order, within ten (10) days after request, such truthful estoppel information regarding this Agreement as the other may reasonably request. I. Broker. If either party is represented by any.broker or listing agent, such party shall be responsible for all commission, fee or other payment to such agent. J. Document Execution. Owner hereby agrees to cooperate with T- Mobile and its authorized representatives regarding any reasonable request made subsequent to execution of this Agreement to correct any clerical errors contained in the Agreement and to provide any and all additional documentation deemed necessary by T- Mobile to effectuate the transaction contemplated by this Agreement The Owner further agrees that "to cooperate" as used in this Agreement includes but is not limited to, the agreement by the Owner to execute or re- execute any documents that T- Mobile reasonably deems necessary or desirable to carry out the intent of this Agreement. K. Owner's Affidavit. In order to induce a title insurance company to provide coverage against standard title insurance exceptions in a leasehold title insurance policy to be issued to T- Mobile, Owner hereby agrees to execute, • acknowledge and deliver to T- Mobile an owner's affidavit in form customarily 331044v8 JMS MU220 -4 13 -935- used by title insurance companies in the community where Owner's Property is • located. L. Owner Approvals. Unless otherwise provided herein, Owner's approvals required herein shall not be unreasonably withheld or unreasonably delayed. M. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in fall force and effect. N. Heading. Headings set forth herein are for convenience, only, and are notes be construed against the content of any paragraphs herein. 18. ASSIGNMENT AND SUBLETTING. T- Mobile may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Owner; provided, however, that Owner's consent shall not be required for any assignment of T- Mobile's interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in- interest or entity acquiring fifty -one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 19 below. Owner may assign this Agreement upon written notice to T- Mobile, subject to the assignee assuming all of Owner's obligations herein. Notwithstanding anything to the contrary contained in this Agreement, T- Mobile may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any • financing entity to whom T- Mobile (i) has obligations for borrowed money or in respect to guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 19. WAIVER OF OWNER'S LIEN. Owner waives any lien rights it may have concerning the Communication Facilities which are deemed T- Mobiles personal property and not fixtures, and T- Mobile has the right to remove the same at any time without Owner's consent, but upon written notice to Owner with a description of the.Facilities removed. Owner acknowledges that T- Mobile has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Communication Facilities (the "Collateral ") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Owner (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (ii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at and time without recourse to legal proceedings. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. • 331044v8 JMS MU220 -4 14 -936- • OWNER: I* City of Mound, a Minnesota municipal corporation' By: By: Mark Hanus, Mayor BY: Bonnie Ritter, City Clerk Address: 5341 Maywood Road, Mound, MN 55364 Telephone: (612) 472 -0600 Federal Tax ID # STATE OF, MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before this day of , 2009, by and Mayor and City Clerk respectively, of the City of Mound, a Minnesota municipal corporation on behalf of the corporation. 331044v8 JMS MU220 -4 15 -937- T- MOBILE: T- Mobile Central LLC, a DelawaVimited liability company By: Its: Hossein Sepehr, its D' tor, Engineering and Operations Address: T- Mobile USA, Inc. 12920 SE 38h Street Bellevue, WA 98006 Attn: PCS Lease Administrator Attn: Legal Dept. With copies to: T- Mobile Central LLC 2001 Butterfield Road Suite 1900 Downers Grove, IL 60515 Lease Administration —16'' Floor Attn: Legal Dept. STATE OF h2j, w,r ,.. ) ss. COUNTY OF The foregoing instrument was acknowledged before this day of / 7 2009, by the /j �/!a,/ of T- Mobile Central L C, a Delaware limited liability company, on behalf of the company. �= =` SA i � VERNA G q� Notary Public '14 Minnesota �'•. ' MYCommisgpn Expires JmtWMY Si. 2013 331044v8 JMS MU220 -4 16 Site Number: AIP0099A Site Nacre: MOUND WT Market: MINNEAPOLIS —938- 01 • 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith Date: 5/7/2009 Re: Mound Fire Department Annual Fish Fry — Temporary Sign Permit(s) SUMMARY The Mound Fire Department is requesting approval of a temporary sign permit(s) for the Annual Fish Fry event which is being held on Saturday, June 6, 2009. Waiver of the $25.00 temporary sign permit is also requested. In summary, the following signs are proposed: Banners — 3 locations along County Roads in Mound Hennepin County Transportation Department electronic sign boards — 3 locations Respectfully, Staff offers the following information: 1. Pennant / Banner. City Code Section 365:15 Subd. 9 (C) allows temporary banners and pennants employed for special events as long as they are removed after (15) days unless an extended period is approved by the City Council. 2. Portable Signs. City Code Section 365 allows for the placement of portable signs and is eligible for administrative approval in most instances subject to conditions including 10-day allowance. 3. General Sign Provisions Applicable to All Districts. • Illuminated Signs. No illuminated sign which changes in either color or intensity of light shall be permitted except one giving time, date, temperature, weather or similar public service information. The City in granting permits for illuminated signs shall specify the hours during which same may be kept lighted when necessary to prevent the creation of a nuisance. • No sign other than governmental unit signs shall be erected or placed upon any public way or upon public easement with the exception of garage sale and real estate signage. • The timeframe for the banners meets the 15-day provision. The proposed timeframe for the portable sign meets 10-day provision. Installation of the temporary banners/signs will meet the aforementioned time provisions. 4. Similar to the 2008 event, the Fire Department will be using the Hennepin County electronic sign message boards for the fish fry event. -939- RECOMMENDATION City staff recommends that the City Council approve the temporary sign permit request(s) for banners and the Hennepin County Transportation Department electronic sign boards for the Mound Fire Department Fish Fry 2009 event and grants permission for sign placement on City -owned property subject to the following conditions: 1. A temporary sign permit application (completed) is submitted. 2. Any and/or all signage is removed immediately following the event. 3. No signs can be placed within any County Road right -of -way unless approval is needed and granted by Hennepin County. 4. The applicant obtain permission from all private property owners prior to placement. 5. The temporary sign permit fee is waived. 6. The City reserves the right to restrict the hours of illumination. • Page 2 •$ *I 91 • CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC DANCE/LIVE MUSIC PERMIT APPLICATION EVENT: Mound Volunteer Fire Department Relief Association Fish Fry and Dance 2009 LOCATION OF DANCE /LIVE MUSIC: in front of Mound fire station, on drive apron and in roadway on Wilshire Blvd. TYPE OF DANCE/LIVE MUSIC: Variety of Dance, Rock -n -Roll, and Oldies TIME PERIOD OF DANCE/LIVE MUSIC: Saturday June 6, 2009 from 8 pm —12:30 pm (HOURS PERMITTED: Mon -Sat: 8pm- 12:30am — Sunday: 8pm- 11:30pm) CHAIRPERSON OR APPLICANT: Mound Volunteer Fire Department Relief Association TITLE: Fire Chief Gregory S. Pederson ADDRESS: 2415 Wilshire Blvd. ADDRESS: 6087 Aspen Road Mound, MN 55364 Mound, MN 55364 HOME PHONE #: 952472 -5785 HOME PHONE #: same WORK PHONE #: 952 -472 -3533 WORK PHONE #: same -7 n 2oaq Date Applicant's Si -941- 111111` Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101 -5133 (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 W W W.DPS. STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION �: *ice" • ": NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER MOttAd VOL- Fire- . Re 14 Ass a. 11-5-1 STREET ADDRESS CITY STATE ZIP CODE 2415 WiLs*tt SLitD. MouuD &A4 1 6,5364 NAME OF PERSON MAKING APPLICATION C7re �e dcrsor� BUSINESS PHONE 451. 472,3533 HOME PHONE (452, 472.578' or S . DATES LIQUOR WILL BE SOLD 7+OG� 31jr- 4P. TYPE OF ORGANIZATION ORGANIZATION OFFICER'S NAME ADDRESS LL TO-S14 d LE tUlou 5 - Presi de4 4- 'TO3o 140Je&+4 tJ Dr. M *4j4 &'i" rtt'�mL ma ORGANIZATION OFFICER'S NAME ADDRESS AAelevsen — V. P. 7-;L7-1 <V1L+AV;dW Lx . Meer► d fAg 653 ORGANIZATION OFFICER'S NAME —157-51 ADDRESS P&WI B4.bh - T*r &&SUNGV' Edeo. Ro&A Mou-nd, wk C" Location license will be used. If an outdoor area, describe Z 415 lda1 #&e, SLV D . — 1;4 FRo/V T OF mourt,dt Ftr't 5f &41;N , 1;J%1"015 MAIn 4pogn44S bets AAct �n mar k eio a Lo f , Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Al 0 Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. Yom. aiNNe;SeTA LiQvow_ LiPqSi,t-i-c, AS4iwjemA WsK- FLAN. i`�IINNEy'�Oe�A 'Z'oiwrr 11 000,000 covat APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY /COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS -09079 (05/06) -942- • )5344 .y • 46e- • • U-..� O Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar St. /Suite 133 St. Paul, MN 55101 -5133 (651) 201 -7507 FAX (651) 297 -5259 TDD (651) 282 -6555 APPLICATION AND PERMIT FOR A 1 DAY TEMPORARY CONSUMPTION & DISPLAY PERMIT (City or county may not issue more than 10 permits in any one year) NAME OF ORCJANIZATION \bL. DATE ORGANIZED 3 TAX EXEMPT NUMBER oLVAi. 1:1- .e 551✓. 1 STREET ADDRESS 2416' W1L5*6W' gL\1D. CITY Nlou -� n STATE NlN ZIP CODE 36 NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE 61r-e ov S . �'Lderson (R6)2-. 47Z. 3533 (9Oz .472.. 5785' DATE SET UPS WILL BE SOLD TYPE OF ORGANIZATION 5-4we- to 24O CLUB CHARITABLE THER NONPPROFI ORGANIZATION I M NAMEYI T—o-51 EV O S RELIGIOUS ADDRESS 3 O Plab4ewtd D/. Iriiw— rl S 74 -6 ORGANIZATION OFFI ER'S NAME P. ADDRESS 4d. A&44 /WA) 5-5-36q T e i;-evi - \1. z2 55owW vK t,) OR NIZA ON F ICER'S NAME au. t- Tr*eaSuretr ADDRESS 5t da r? Ra eowd. PW 32;736# Location where permit will be used. If an outdoor area, describe W 1`5h1i& 134-vd. - in/ FYon -� o- N1nuK ci ire S i•iy, 1NSiDE Main 4rard -4us bet!/ afld 1n -ad4l4 nar41r'+A APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LIQUOR CONTROL CITY /COUNTY DATE APPROVED CITY FEE AMOUNT PERMIT DATE (Not to exceed $25) DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event PS- 09098(5/06) WIWI 3G� Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318 -1172 Phone (952) 448 -8838 • Fax (952) 448 -8805 www.bolton- menk.com May 6, 2009 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 RE Wellhead Protection Plan (Part 1 and 2) Dear Mayor and Members of the City Council: State Administrative Rules require all public water suppliers to develop and implement Wellhead Protection Plans. The goal of this program is to prevent human - caused contaminants from entering our water supply wells from the recharge area and protect users from adverse health effects associated with groundwater contamination. There are two parts to this planning process and the City's consultant, EOR, completed the Part 1 Plan in April, 2008 which was approved by the Minnesota Department of Health (MDH) last May. The draft Part 2 Plan was received by Council on March 10, 2009 and subsequently sent to the abutting communities and various governmental agencies for a 60 -day review and comment period prior to a required Public Hearing on the entire Plan. The Part 1 Plan addressed the two active wells in Mound, Well No. 3 (Chateau) and No. 8 (Evergreen), and identified the three required items: 1. The delineation of the wellhead protection areas (WHPA) 2. The delineation of the drinking water supply management area (DWSMA) 3. The assessment of each well and aquifer vulnerability The findings indicated moderate vulnerability to contamination for the Well No. 8 aquifer while the Well No. 3 aquifer is not considered to be vulnerable. The draft Part 2 Plan includes the following important items: 1. The City's Potential Contaminant Source Inventory 2. The City's Potential Contaminant Source Management Strategy 3. The City's Emergency /Alternative Water Supply Contingency Plan 4. The City's Wellhead Protection Plan Evaluation Plan F:\ MOUN \C1240166\Correspondence \Regt for Co. Apprl Pt 2.doc DESIGNING FORA BETTER TOMORROW Bolton & Menk is an equal opportunity employer •.. Name Date Page 2 • The May 12, 2009 Public Hearing on the Plan has been noticed in the Laker as required to afford the general public an opportunity to comment on the draft plan and attend the Public Hearing. At the conclusion of the Public Hearing, all comments will need to be addressed prior to sending the final draft Part 2 Plan to the MDH for final review and approval. This is a 90 -day review process whereby MbH staff will send the Plan to various state agencies for review. After receipt of any comments that require revisions, the Final Part 2 Plan will be prepared and implementation will need to begin within 60 days by the City. I* If any of the Council is interested in reviewing Part 1 and/or Part 2of the Plan, please contact me and I will provide you with the full report. Sincerely, BOLTON & MENK, INC. Daniel L. Faulkner, P.E. City Engineer & Wellhead Protection Manager • F:\MOUN \C1240166 \Correspondence \Regt for Co. Apprl Pt 2.doc -945- NOTICE OF PUBLIC HEARING — City of Mound The City of Mound is in the process of developing a Wellhead Protection Plan for its drinking water supply wells. As required in the "Minnesota Wellhead Protection Rules" (4720.5330, subpart 7), a Public Hearing has been scheduled for Tuesday, May 12, 2009 at 7:30 p.m., Mound City Hall, 5341 Maywood Road, Mound, Minnesota to discuss issues and address all comments related to Part 2 of the Wellhead Protection Plan. n. C7 01 • CITY OF MOUND • RESOLUTION NO. 09 -_ RESOLUTION APPROVING WELLHEAD PROTECTION PLAN AND REQUESTING APPROVAL FROM THE MINNESOTA DEPARTMENT OF HEALTH; WHEREAS, the Wellhead Protection Plan (WHP), Part 1, was prepared by Emmons and Olivier Resources and submitted to the Minnesota Department of Health (MDH) in April 2008 for review /approval in accordance with MN Wellhead Protection Rule (4720.5330, subpart 6); and WHEREAS, the MDH approved the WHP, Part 1 on May 29, 2008 which pertains to Mound's two active water supply wells: Well No. 3 (Chateau), Unique Well No. 206994 and Well No. 8 (Evergreen), Unique Well No. 699091 and their respective Wellhead Protection Areas (WHPA), Drinking Water Supply Management Areas (DWSMA) and an assessment of aquifer vulnerability; and WHEREAS, the WHP, Part 1 was sent to the three abutting communities, Minnetrista, Spring Park and Orono on June 28, 2008 as well as various governmental agencies for their information and notice of the Public Information Meeting scheduled for July 8, 2008 to discuss issues and concerns with the Part 1 Plan; and WHEREAS, the required Public Information Meeting was held as part of the City Council meeting on July 8, 2008 with no comments or issues of concern raised at that meeting and authorization was given for Bolton & Menk, Inc. to prepare the WHP, Part 2 in accordance with the State Administrative Rules and the required Scoping Meeting with the MDH staff; and • WHEREAS, the draft WHP, Part 2 was prepared, presented to the City Council at the March 10, 2009 meeting and authorization was given to send this plan to all abutting communities and various governmental agencies for a 60 -day review /comment period prior to the required Public Hearing on the Part 2 plan scheduled for May 12, 2009; and WHEREAS, no comments have been received to date with the 60 -day comment period ending on or about May 11, 2009; NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota: That the Wellhead Protection Plan prepared for the two active supply wells for the City of Mound, Well No. 3 and Well No. 8, be approved subject to the review and approval by the Minnesota Department of Health. Adopted by the City Council this 12th day of May, 2009. Attest: Bonnie Ritter, City Clerk • -947- Mayor Mark Hanus 5341 Maywood Road ITIVIA 11% Mound, MN 55364 Planning and Building Department • (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Comm. Development Director Date: May 6, 2009 Re: Progress Report — Uncompleted Building Project at 4945 Glen Elyn Road Summary. The property owner, Brian Johnson, has been invited to attend the May 12, 2009 meeting to provide a progress report regarding the uncompleted building project at 4945 Glen Elyn Road. This property includes a single - family dwelling which is the subject of a long- standing remodel / addition project started in 1995 which has not been completed. Members may recall that this matter was formally discussed by the City Council meetings held in September and November 2008 due to violations of the City Code and Chapter 3 of the International Building Code with the objective and goal of getting the building exterior completed. Comments. • The owner has been providing on -going updates to Staff following the • September 2008 and November 2008 meetings: - applicant provided updates to Staff on 12/1 and 12/29 - submittal of January 2009 schedule to Staff; 1/9 meeting with Staff - 3/6 meeting with Staff - applicant provided activities update on 4/14 and advised of updated schedule to be submitted - 4/27 submittal of April 2009 schedule to Staff • Progress on the project is being made. A summary listing of some of the activities undertaken over the past few months includes: - removal of window stickers (subject to a few exceptions) - removal of rotten pergola material - cedar trim installation along units windows (N/W walls) - construction and addition of shadowboxes on windows • The owner has provided a written project update and schedule that details the activities which have been completed and are to be forthcoming to facilitate a Fall 2009 final project completion which is pushed out a few months from original May 2009 anticipated date. • • • In the applicant's narrative, pp it is mentioned that the schedule has been rearranged to allow utilization of materials currently on hand and programmed to accommodate smaller outlay of financial resources. Staff would like to see the owners focus their efforts towards completing the soffits, windows and roof (including skylights). Members are advised that the applicant's narrative mentions that they will be focusing on completing the copper fascia, soffits and cedar shingle roofing first which is viewed as. favorable. Staff also suggests the owners undertake an on- going, stepped - up maintenance plan of the property to keep it in good order. Staff also suggests a possible bi- weekly on site meeting be scheduled with involved personnel so regular updates are available for the Council and to ensure satisfactory progress towards completion of the project is being made. • Members are reminded that the underside of the soffits, which includes oriented strand board (OSB), was discussed with the Building Official who advised that the current material in place is acceptable with the building code. • The need for new permit(s) needs to be discussed with the Building Official for the remaining work to be completed as Staff believes the previously issued building permit issued in May 2008 has expired as the last inspection • done on the property took place on or around September 29, 2008 and 180 - days have gone by without an inspection. • • To minimize reproduction costs, additional background information previously provided has not been included but will be provided upon request. • Page 2 •, • GAMEFARM STABLES AT 6570 GAME FARM ROAD MAILING ADDRESS: 6690 GAME FARM ROAD MINNETRISTA, MN 55364 April 24, 2009 To: Ms Sarah Smith, Community Development Director City of Mound 5341 Maywood Road Mound, MN 55364 Cc: M_ s. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Current Schedule Proposal for 4945 Glen Elyn Road, Mound, MN. Planning Dept Discussion, April 24, 2009, Brian Johnson Summer 2009, Schedule of Completion for Tasks to be Verified Sarah, Per your request, I'm providing this updated Gantt Chart, Task Outline and Proposed Calendar of Events for ongoing work at 4945 Glen Elyn. There are some additional items that I'll be adding to the schedule as I proceed, but these are the critical tasks that need to be completed to stay on track for exterior completion by Fall, 2009. I've rearranged the tasks to continue making progress with materials already onsite and readily available for smaller cash investments along the way. b6�6 sating an ,completing .Copper Fascia,, Soffits and Cedar Shingle Roofing first instead of last. I'm leaving the unfinished windows sealed off with the present siding and will get to that when the windows are available onsite. Since early April, I've completed the Cedar Trite around the Unit Windows along the North and West Walls. Also we took a weekend to bag up all of the leaves and mess and have started an ongoing pile of sticks and brush to pick up or burn ASAP. Also, I'll finish removnghe stuff that was frozen to the ground on the uppermost corner of our ,property to clean up, including the discarded copper from the original Pergola... -950- • •I • I will simply continue with the items on the schedule and will see Ray Onsite for progress as he sees fit. If you need me to address these issues further, let me know, otherwise I'll be Onsite working. Thanks Much to You and Your Staff for all of your help... Sincerely, Brian and Maria Johnson � 0 • le -951- L -952- -953- 0) 0 N -954- • • r- -955- ■� � .\ 2 w *I C14 -14 "a .2M . , ",]I M,01 -956- 7m E 2 C11 QE �.._ § ..../ -956- 7m E QE �.._ § ..../ 01, w le -957- *I 'O 7 C 1 p 4za F' jl S C < y z r;. d7 ID- N ; h ; G� ° p > r + f•: l0 L f' � j •a O o ° f s m C � co e, *I • • • Glen Elyn Schedule-1 Skylight Openings Blocked Off North End Soffit WON. and Rough-In Soffit Fixtures Electrical Rough-In Inspection Cut Soffit Opqs and Prep Close Up Soffit Sheathing Southwest Face Wall ve' Cedar/Rktwood to the Wainscot Line Pick U p T -111 and PreFinish Above the Wainscot T -111 North End wall Pick Up 1x4 T/G Cedar and Prefinish Cedar/Redwood to Soffit Northwest Pace Wall Cedar/Redwood to Soffit East Wall CedarlRedwood Base to Window Base Cedar/Redwood Base to Wainscot Alcove V 1-1111 Above BaseBoard Progress Review PA9 Clean Up and Demo South Pergola 'Remove Storage Refuse Remove Interior Window Labels Shadowbox Single Unit Windows North (11) Cut and Assemble Cedar lxMatls. PreFinish Boxes w/011 Stain Cedar yr Level and Install Shadowboxes Instiall.1 kernaining Drip Edge.. Replace Sheathing at Edge as reqd. Install Remaining Copper Fascia Complete T&G Soffit Flats West main Side West Soffit Sides/Base (3) Wes t Gable End North End Street plus Lights East Gable End Kitchen Windows Trim E ast Ki chen Door Trim Complete Soffit Vent Covers in Flats West Main Side 129-, We st Soffit Sides/Base (3) 9 North End Street .3, East IGchen Door Trim Complete Lap Siding Soffit Bevels West Main Side West Soffit Sides (3) West Gable End 29- North End Street East Gable End Kitchen Windows Trim East 14chen Door Trim Detail South Pergola System Remove T&G for Sheathing Access Remove(Replace Underlayment Tongue & Groo ve on Shea thing Roof Seal Ice Guard/PaperNalleys Install Copper Standing Seam Detail West Pergola System Frame out Pergola System Install sheathing on Pergola Frames Tongue & Groove on Sheathing Roof Sea[ Ice Guard /PaperNalleys Install Cedar Shingles/Ridges Skylight Installations 4 days Thu 9/25/08 Tue 9/36/W 16 days. Mon 9/22/08 Mon 5 days Mon 9122108. ,10113/08.1--, Fri 9126/08, 1 day' Mon 9M/08: Mon 9/29/08 g 2 days Wed 10/8/08 Thu 10/9/081 2 days' Fri 10/10/08 Mon 10113/08' 3/og' 4- 11 days Wed I 1011108 , Wed MIMS 3 days.' Wed 10/1/08 Fri 1013(08 2 days I Mon 10/13/08 Tue 10/14/08 9 1 day Wed 10/15108 Wed 10/15/08 10 6 days: Thu 10/16108 Wed 1012k/69:__ 2 days Thu 10/16/08 Fri 10/17/08 11 3 days Mon 10/20/08-. Wed 10/22108 113 4 days Thu 10/23/081 Tue 10/28/08 4 days 'Thu 10123/08' Tue 10/26/08 -14 7 days Wed 10/29108. Thu 11/6/08; I day Wed 10/29108' Wed 10/29/08, 16 1 day Thu 1.0/.30/08 Thu l0/39/08,18- 4 days Fri 10/31/08, Wed 11/5108.19 1 day Thu 11/6/08 ' , Thu Il /a/08 20 3 days Mon 11/3/08: Wed 11/51615' 3 days. Fri 1/2/09' Tue 1/6109 2 days Mon 1/5/09 Tue 1/6/00 10 days Fri 4/10/09 Thu 4123/09 4 days Fri 4/16/69 Wed 415/09- 4 days Thu 4/16/09 Tue 41211/60213 2 days Wed 4W60 Thu 4I23169 27'. 6 days Fri 4124109 Thu 4/30109 26 3 days Fri 4/24(09 Tue 4-128/09 2 days; Wed 4129= Thu 4/=09 30 9 days Fri 5/1/09 Wed 6/13/09 29 I day Fri 5/1109' Fri 511/09: I day Mon 5/409. Mon 8/4100 33 1 day Tue 5/5/09 Tue 5/5/09 5-:M- 3 days Wed 5A/09 Fri 5 1 day Mon 5/11/09 Mon 5/11/09. 36 1 day Tue 5/12/09 Tue 6112W 37 1 day Wed 511309. Wed 5/13/09'38 4 days' Thu 5114109. Tue 5.1,19/09 32 1 day Thu 5114/09 Thu 5/14/09 1 day Fri 5115/09 Fri 5/151091-4-1 1 day, Mon 8A 8/09'! Mon 5118/09 42--- I day. Tue 5119/09 Tue 5119/09 43 9 days Wed 5120109 j Mon 6111/0940 1 day: Wed 5120/09 Wed 5120/09 2 days Thu 5121/09: Fri 5/22/09 46 1 day Mon 5125/09 Mon 5125/09 47 2 days Tue 5126f09 Wed 5/27/09 -148 1 day: Thu 5/28100 Thu 5M/69 746- 1 day Fri 5129/00 Fri 5 50 1 day Mon 611109 . Mon 6tl /09 51 16 days Tue 612109 Tue 6/23/00 1 day Tue 6009 Tue embb, 3 days Wed 1 6/3= 1 Fri MOO 54 1 day, Mon 6/8/091 Mon 616100 156 I day, Tue 619/09 Tue 619/09 56 10 days' Wed 6110/09, Tue 6/Z.3/09'677 22 d ays i - . 0 Wed 6/24/0.9 Thu 712 1 3/69 53 5 days, Wed 6124/09 Tue 6130/09 2 days: Wed 711 /09 j Thu 1009:_ W 4 days Fri 7/3/09 Wed 7/8/09 61 1 day Thu 7/9109 i Thu 719/09 62 10 days' Fri 7/10109' Thu 7/23/0963 6 days Fri 7124/09 Fri 7131110 Page I -959- Kitchen Skylight Install (5) Final Wet Vent Locations for Flashing Shingle Remaining Roof Areas East West Cross Gable North South Main Gable WindowDoor Installations West Windows Install (5) East Windows Install (4) Kitchen Windows Install (5) East Kichen Door Install Complete UG Siding at Windows West Trim above Wainscot East Trim above Ground Line Kitchen Trim above Baseline East Kichen DoorTrim Chimney Chase Stone Veneer West Chimney Lath/Mesh West Chimney Scratch Coat West Chimney Veneer Application West Chimney Capstone Application Main Chimney Lath/Mesh Main Chimney Scratch Coat Main Chimney Veneer Application Main Chimney CapStone Application Glen Elyn Schedule -1 3 days Tue 7/28/09, 1 day j Fri 7131109 10 days, Mon 813109 , 4 days. Mon 8!3/09 6 days, Fri 8/7109 7 days Mon 8117109 2 days Mon 8/17/09 2 days', Wed 8/19/09 2 days Fri 8/21/09 1 day Tue 8125109 ` 8 days , Wed 8126/09 3 days Wed 8126/09 3 days Mon 8131109 1 day Thu 9/3109 1 day Fri 9 /4/09+ 22 days: Mon 917/09 1 day Mon 917/09 1 day Tue 918109 8 days; Wed 9/9/09' 3 days Mon 9/21 /09 1 day Thu 9124109 1 day; Fri 9125/09', 4 days: Mon 9128/09' 3 days Fri 10/2109' Page 2 ••1 is C] • -A • • • a 0 0 0 EHLERS LEADERS IN PUBLIC FINANCE May 12, 2009 City of Mound, Minnesota 1!11 Debt Issuance Services vwwv,ehiers- inc,c ©m Minnesota phone 651 -597 -8500 3080 Centre Points Drive Offices also in Wisconsin and illinols fax 651 -697 -8555 Roseville, MN 55113 -1122 City of Mound, MN Results of Bond Sale -• May 12, 2009 $319407000 General Obligation Improvement Bonds, Series 2009A Purpose: To finance various public improvements within the City. Rating: Standard & Poor's "AA" Number of Bids: 2 Low Bidder: Piper Jaffray & Co. True Interest Cost: 3.4146% Interest Savings from Low Bid High Bid Interest Savings Lowest to Highest Bid: 3.4146% 3.5847% $62,285 Summary of Results: Projected Results of Sale Difference Principal Amount *: $4,020,000 $3,940,000 - $80,000 Net Proceeds: $3,929,750 $3,926,464 - $3,286 Premium: $0 $42,271 $42,271 Discount Allowance: $50,250 $27,765 - $22,485 True Interest Cost: 3.6896% 3.4149% -0.27% Cost of Issuance: $40,000 $28,042 - $11,958 Coupon Rates: 1.50% - 4.20% 2.50% - 4.00% Annual Debt Service: Closing Date: June 4, 2009 Council Action: Resolution Providing for the Issuance and Sale of $3,940,000 General Obligation Improvement Bonds, Series 2009A, Pledging Special Assessments for the Security Thereof and Levying a Tax for the Payment Thereof Attachments: • Bid Tabulation • Updated Debt Service Schedules • Bond Resolution (Distributed in Council Packets) " The size of the bond issue changed from the projected amount due to a reduction in bond proceeds needed, reduction in underwriters' discount, and a decrease in costs of issuance. EHLERS LEADERS IN PUBLIC FINANCE www,ehiers- inc.com Minnesota Phone 651 -697 -8500 3060 Centre Pointe DrNe Offloes also In Wisconsin and Illinois fax 651- 697 -8555 Roseville, MN 55113 -1122 Debt Issuance Services City of Mound, MN Results of Bond Sale -- May 12, 2009 $5,060,000* General Obligation Utility Revenue Bonds, Series 2009B Purpose: Rating: Number of Bids: Low Bidder: True Interest Cost: Interest Savings from Lowest to Highest Bid: Summary of Results Principal Amount'": Net Proceeds: Discount Allowance: True Interest Cost: Cost of Issuance: Coupon Rates: Annual Debt Service: Closing Date To finance the construction of various utility system improvements within the City. Standard & Poor's "AA" 3 Cronin & Co., Inc. 3.9307% Low Bid High Bid Interest Savings 3.9307% 4.0645% $83,306 Projected 1019 Results of Sale Difference $5,110,000 $5,060,000 - $50,000 $5,001,125 $5,000,069 - $1,056 $63,875 $42,948 - $20,927 4.1199% 3.9311% -0.19% $45,000 $37,750 - $7,250 1.50% - 4.70% 2.00% - 4.25% June 4, 2009 Council Action: Resolution Providing for the Issuance and Sale of $5,060,000 General Obligation Utility Revenue Bonds, Series 2009B, Pledging Net Revenues for the Security Thereof and Levying a Tax for the Payment Thereof Attachments: • Bid Tabulation • Updated Debt Service Schedules • Bond Resolution (Distributed in Council Packets) The size of the bond issue changed from the projected amount due to a reduction in bond proceeds needed, reduction in underwriters' discount, and a decrease in costs of issuance. EHLERS LEADERS IN PUBLIC FINANCE wmehiers- inc.com Minnesota phone 651- 697 -8500 3060 Centre Pointe Drive Offices also In Wisconsin and Illinois fax 651 -697 -8555 Roseville, MN 55113 -1122 Debt Issuance Services City of Mound, MN Results of Bond Sale — May 12, 2009 $425,000 General Obligation Equipment Certificates, Series 2009C Purpose: To finance the acquisition of capital equipment. Rating: Standard & Poor's "AA" Number of Bids: 2 Low Bidder: Cronin & Company, Inc. True Interest Cost: 3.2881% Interest Savings from Low Bid High Bid Interest Savings Lowest to Highest Bid: 3.2281% 3.6507% $8,184 Summary of Results: Projected 10/9 Results of Sale Difference Principal Amount *: $425,000 $425,000 $0 Net Proceeds: $407,825 $413,487 $5,662 Discount Allowance: $4,675 $7,025 $2,350 True Interest Cost: 2.9635% 3.2881% 0.32% Cost of Issuance: $12,500 $9,806 - $2,694 Coupon Rates: 1.50% - 3.55% 2.00% - 4.00% Closing Date: June 4, 2009 Council Action: Resolution providing for the issuance and sale of $425,000 general obligation equipment certificates, series 2009C, and levying a tax for the payment thereof Attachments: . Bid Tabulation • Updated Debt Service Schedules • Bond Resolution (Distributed in Council Packets) EHLERS LEADERS IN PUBLIC FINANCE www,ehlers- inc.com Minnesota phone 651 -897 -8500 3060 Centre Pointe Drive Offices also In Wisconsin and Illinois fax 651 -697 -8555 Roseville, MN 5511 3 -11 22 BID TABULATION $4,020,000` General Obligation Improvement Bonds, Series 2009A CITY OF MOUND, MINNESOTA SALE: May 12, 2009 AWARD: PIPER JAFFRAY & CO. RATING: Standard R Poor's Credit Markets "AA" BBI: 4.62% NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE PIPER JAFFRAY & CO. 2011 2.500% 1.200% $4,034,953.50 $1,227,113.17 3.4146 %. Minneapolis, Minnesota 2012 2.500% 1.500 %Q 2013 2.500% 1.750 %0 2014 3.000% 2A 00% 2015 3.000% 2.400% 2016 3.000% 2.600% 2017 3.000% 2.850% 2018 3.000% 3.050% 2019` 3.500% 3.500% 2020* 3.500% 3.500% 2021 ` 3.500% 3.500% 2022 ** 3.625% 3.700 % 2023 ** 3.625% 3,700% 2024`' *` 4.000% 3.900% 2025*** 4.000% 3.900 % *Subsequent to bid opening the issue size was decreased to $3;940,000 with the 2012 maturity decreased $10,000 to $205,000, the 2013 maturity decreased $10,000 to $210;000, the 2014 . maturity decreased $5,000 to $220,000, the 2015 maturity decreased $5,000 to $225,000 the 2016 maturity decreased $5,000 to $230,000 the 2018 maturity decreased $5,000 to $245,000 (fie 2019 maturity decreased $5,000 to $250,000 the 2020 maturity decreased $5;000 to $260,000 the 2021 maturity decreased $5,000 to $270,000 the 2022 maturity decreased $5,000 to $280,000 the 2023 maturity decreased $5,000 to $290,000, the 2024 maturity decreased $5,000 to $300;000 and the 2025 maturity decreased $10,000 to $310,000 in maturity value. Adjusted Price - $3,954,506.26 Adjusted Net Interest Cost - $1,202,575.72 Adjusted TIC - 3.4149 % *$795,000 Term Bond due 2021 with .mandatory redemption in 2019 -2020 (Adjusted amount of $780,000) * *$580,000 Term Bond due 2023 with mandatory redemption in 2022 (Adjusted amount of $570,000) ** *$625 000 Term Bond due 2025 with mandatory redemption in 2024 (Adjusted amount of $610,000) E H L E RS f 'EADMIN PUBI'IC FINANCE. WWW.ehle,rS-inc.COm , Minnesota phone 651.697 -8500 3060 Centre Pointe Drive Offices also in W,sconsln and Illinois fax 651.697 -6555 Roseville, MN 55113 -11 22 $4,020,000 General Obligation Improvement Bonds, Series 2009A City of Mound, MN Page 2 NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE CRONIN & COMPANY, INC. 2011 2.000° Minneapolis, Minnesota 2012 2.000% WELLS FARGO BROKERAGE SERVICES, LLC 2013 2.500% Minneapolis, Minnesota 2014 2.500% UBS INVESTMENT BANK 2415 3.000% Minneapolis, Minnesota 2016 3.000% 2017 . 3250 %0 2018 3.250% 2019 3.500% 2020 4.000% 2021 4.000% 2022 4.000 % 2023 4.000% 2024 4.000% 2025 4.000% $4,030,00920 $1,289,398.09 3.5847% BID TABULATION $5,110,000" General Obligation Utility Revenue Bonds, Series 2009B CITY OF MOUND, MINNESOTA SALE: May 12, 2009 AWARD: CRONIN & COMPANY, INC. RATING; Standard & Poor's Credit Markets "AA" BBI: 4.62% NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE CRONIN & COMPANY, INC. Minneapolis, Minnesota UBS INVESTMENT BANK New York, New York WELLS FARGO BROKERAGE SERVICES, LLC Minneapolis, Minnesota 2011 2.000% 1.500% 2012 2.000% 1.750% 2013 2.500% 2.000% 2014 2.500% 2.250% 2015 3.000% 2.500 % 2016 3.000% 2.750% 2017 3.250% 3.000 % 2018 3.250% 3.150% 2019 3.500% 3.300% 2020 4.000% 3.500% 2021 4.000% 3.750% 2022 4.000% 3.900% 2023 4.000% 4.000% 2024 4.000% 4.050% 2025 4.000 % 4.100% 2026 4.100% 4.150% 2027 4.125 %a 4.200% 2028 4.125% 4.250% 2029 4.250% 4.300% 2030 4.250% 4.350% $5,087,540.60 $2,487,262.23 3.9307% `Subsequent to bid opening the issue size was decreased to $5,060,000 with the 2011 maturity decreased $5,000 to $185,000, the 2012 maturity decreased $10,000 to $185,000, the 2017 maturity decreased $5,000 to $215,000, the 2018 maturity decreased $5,000 to $220,000, the 2021 maturity decreased $5,000 to $245,000, the 2023 maturity decreased $5,000 to $265,000, the 2028 maturity decreased $5,000 to $325,000, the 2029 maturity decreased $5,000 to $340,000 and the 2030 maturity decreased $5,000 to $355;000 in maturity value. Adjusted Price - $5,037,818.54 Adjusted Net Interest Cost - $2,466,156.26 Adjusted TIC - 3.9311 % r �y� EHLERS m F LEADERS IN PUBLIC FINANCE. mmehlers-Ir1C.corri Minnesota phone 651-697-8500 3060 Centre Pointe Olive Offices also In Lhlsconsin and Illinois fax 651 -697 6555 Roseville. MN 551'3 -1122 $5,110,000 General Obligation Utility Revenue Bonds, Series 2009E City of Mound, Minnesota Page 2 NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE FTN FINANCIAL CAPITAL MARKETS Memphis, Tennessee ROBERT W. BAIRD & CO. Milwaukee, Wisconsin 2011 2012 2013 2014 2015 2016 2017 2018 2019. 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2011 2012 2013 2014 2015 201.6 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2.500% 2.500 % 2.500% 2.500% 2.500 % 2.600 % 2.800% 3.000% 3.200% 3.500 % 3,700% 3.900% 4.000% 4.100% 4.200% 4.300 %0 4.350 % 4.400% 4.450% 4.500% 2.000% 2.000% 2.000% 2.500 % 3.000% 3.000% 3.250% 3.500% 3.750 % 4.000% 4.000 % 4.000% 4.000% 4.000% 4.20.0 %0 4.200% 4.350% 4.350% 4.400% 4.400% $5,076,785.00 $2,531,699.92 3.9909% $5,472,776.90 $2,570,568.45 4.0645% BID TABULATION $425,000 General Obligation Equipment Certificates, Series 2009C CITY OF MOUND, MINNESOTA SALE: May 12, 2009 AWARD: CRONIN & COMPANY, I'NG. RATING: Standard & Poor's Credit Markets "AN' BBI: 4.62% NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE CRONIN & COMPANY, INC. 2011 2.000% 1.500% $423,292.90 $75,563.14 3.2881% Minneapolis, Minnesota 2012 2.000 % 1.750% WELLS FARGO BROKERAGE SERVICES 2013 2.500% 2.000°% LLC 2014 3.000% 2.250% Minneapolis, Minnesota 2015 3.000°% 2.500°% 2016' 3.000% 3.000% 2017* 3.:000% 3:000% 2018"* 4.000% 4.000°% 2019 ** 4.0001% 4.000% 2020** 4.000% 4.000% UNITED BANKERS' BANK 2011 2.000% $420,750.00 $83,747.08 3.6507% Bloomington, Minnesota 2012 2.000% 2013 2.000% 2014 3.000% 2015 3.000% 2016 4.250% 2017 4.250% 2018 4.250% 2019 4.250% 2020 4.250% *$50,000 Term Bond due 2017 with mandatary redemption in 2016 * *$90,000 Term Bond due 2020 with mandatory redemption in 2018 -2019 40 q ,, EHLERS LEADERS IN PUBLIC FINANCE www.ehiers- inc.com Minnesota phone 651.697.8500 3060 Centre Pointe Drive Offices also in Wisconsin and Illinois fax 651 -697 -8555 Roseville. MN 55113 -1122 City of Mound, MN FINAL - $3,940,000 General Obligation Improvement Bonds, Series 2009A Debt Service Schedule Date Principal Coupon Interest Total P +I 02/01/2010 - - 84,044.48 84,044.48 02/01/2011 405,000.00 2.500% 127,662.50 532,662.50 02/01/2012 205,000.00 2.500% 117,537.50 322,537.50 02/01/2013 210,000.00 2.500% 112,412.50 322,412.50 02/01/2014 220,000.00 3.000% _ 107,162, 50 327,162.50 _ 02/01/2015 225,000.00 3.000% 100,562.50 325,562.50 02/01/2016 230,000.00 3.000% 93,812.50 323,812.50 02/01/2017 240,000.00 3.000% 86,912.50 326,912.50 02/01/2018 245,000.00 3.000% 79,712.50 324,712.50 _250 000.00 3.500% 72,36_2.50 322,362.50 _02/01/2019_ 02/01/2020 260,000.00 3.500% 63,612.50 323,612.50 02/01/2021 270,000.00 3.500% 54,512.50 324,512.50 02/01/2022 280,000.00 3.625 % 45,062.50 325,062.50 02/01/2023 290,000.00 3.625% 34,912.50 324,912.50 02/01/2024 4.000% 241400.00 324 400.00 __300,0_00.00 02/01/2025 J _ 310,000.00 4.000% 12,400.00 322,400.00 Total $3,940,000.00 - $1,217,081.98 $5,157,081.98 Yield Statistics Bond Year Dollars _ . $34,863.83 ^8.849 _ Average Life _ Years _ Average Coupon _ _ _ _�._.._ _ 3.4909586% Net Interest Cost (NIC _ _ 3.4493502% True Interest Cost TIC 3.4149263% Bond Yield for Arbitrage Purposes _ _ _ 3.3201370% All Inclusive Cost AIC 3.5116297% IRS Form 8038 Net Interest Cost _ 3.3519979% Weighted Average Maturity 8.801 Years Ser 09A $3.94M GO tmp Bds I SINGLE PURPOSE 1 5/12/2009 1 3:22 PM Ehlers and Associates, Inc. Leaders City of Mound, MN FINAL - $3,940,000 General Obligation Improvement Bonds, Series 2009A Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price Dollar Price 02/01/2011 Serial Coupon 02/01/2012 Serial Coupon 02/01/2013 Serial Coupon 02/01/2014 Serial Coupon 02/01/2015 Serial Cog.on 2.500% 2.500% 2.500% 3.000% 3.000% 1.200% 1.500% 1.750% 2.100% 2.400% _ 405,000.00 205,000.00 210,000.00 220,000.00 225,000.00 102.127% 102.595% 102.645% 103.972% _ 103.154% 413,614.35 210,319.75 215,554.50 228,738.40 _ _ 232,096.50 W 02/01/2016 Serial Coupon 02/01/2017 Serial Coupon 02/01/2018 Serial Coupon 02/01/2021 Term 1 Coupon 02/01/2023 Term 2 Coupon 3.000% 3.000% 3.000% 3.500% 3.625% 2.600 %� 2.850% 3.050% 3.500% 3.700% 230,000.00 240,000.00 245,000.00 780,000.00 570_,000.00 102.429% 101.023% 99.619% 100.000% 99.197% 235,586.70 242,455.20 244,066.55 780,000.00 565,422.90 02/01/2025 Term 3 Coupon 4.000% 3.900% 610,000.00 100.724% c 614,416.40 Total - - - $3,940,000.00 - - $3,982,271.25 Bid Information Par Amount of Bonds_ _ $32940,000.00 Reoffering Premium or (Discount _ _ _ 42,271.25 Gross Production Total Underwriter's Discount (0.705 %) _ -- $(27,764.991 Bid (100.368 %) _ 3,954 506.26 Total Purchase Price _ _ T _ $3 954,506.26 Bond Year Dollars $34,863.83 Average Life _ ___` 8.849 Years Average Coupon _ _ _ _� __ 3.4909586% Net Interest Cost (NIC) _ 3.4493502% True Interest Cost (TIC) _ 3.4149263% Ser 09A $3.94M GO Imp Bds I SINGLE PURPOSE 1 5/12/2009 1 3:22 PM Ehlers • • Associates, Leaders r- City of Mound, MN FINAL - $5,060,000 General Obligation Utility Revenue Bonds, Series 2009B Debt Service Schedule Date Principal Coupon Interest Total P +I 02/01/2010 - - 120,656.04 120,656.04 02/01/2011 185,000.00 2.000% 183,275.00 368,275.00 02/01/2012 185,000.00 2.000% 179,575.00 364,575.00 02/01/201.3 200,000.00 2.500% 175,875.00 375,875.00 02/01/2014 200 000.00 2.500% 170 875.00 370,875.00 02/01/2015 205,000.00 3.000% 165,875.00 370,875.00 02/01/2016 210,000.00 3.000% 159,725.00 369,725.00 02/01/2017 215,000.00 3.250% 153,425.00 368,425.00 02/01/2018 220,000.00 3.250% 146,437.50 366,437.50 02/01/2019 230,000.00 3.500% - 13.9,287.50 369.128750 02/01/2020 240,000.00 4.000% 131,237.50 371,237.50 02/01/2021 245,000.00 4.000% 121,637.50 366,637.50 02/01/2022 255,000.00 4.000% 111,837.50 366,837.50 02/01/2023 265,000.00 4.000% 101,637.50 366,637.50 02/01/2024 280,000.00 4.000% 91037.50 371,037.50 02/01/2025 290,000.00 4.000% 79,837.50 369,837.50 02/01/2026 300,000.00 4.100% 68,237.50 368,237.50 02/01/2027 315,000.00 4.125% 55,937.50 370,937.50 02/01/2028 325,000.00 4.125% 42,943.76 367,943.76 02/01/2029 _ 340,000.00 4.250% 29,537.50 369537.50 02/01/2030 355,000.00 4.250% 15,087.50 370,087.50 Total $5,060,000.00 - $2,443,974.80 $7,503,974.80 Yield Statistics Bond Year Dollars _. $621341.17 Average Life _ _ 12.320 Years AveMe Coupon _ _ -_ - - 3.9203225% _ Net Interest Cost (NIC _ _- 3.9559033% True Interest Cost (TIC) -_� _ _ _ -_ 3.9311163% Bond Yield for Arbitrage Purposes _ - mm 3.8402614% All Inclusive Cost (AIC) _ - 4.0114092% _ _ IRS Form 8038 Net Interest Cost 3.8902991% Weighted Average Maturity _ __. _ 12.260 Years Ser 09B $5.06M GO Util Re I SINGLE PURPOSE 1 5/12/2009 1 3:23 PM Ehlers • Associates, Leaders • g- City of Mound, MN FINAL - $5,060,000 General Obligation Utility Revenue Bonds, Series 2009B Pricing Summary Type of Maturity Bond Coupon Yield Maturity Value Price Dollar Price 02/01/2011 Serial Coupon 2.000% 1.500% 185,000.00 100.815% 186,507.75 02/01/2012 Serial Coupon 2.000% 1.750% 185,000.00 100.645% 186,193.25 02/01/2013 Serial Coupon 2.500% 2.000% 200,000.00 101.754% 203,508.00 02/01/2014 Serial Coupon 2.500% 2.250% 200,000.00 101.098% 202,196.00 02/01/2015 Serial Coupon _ _ 3.000% 2.500% 205,000.00___ 102.620% _ 210,371.00 02/01/2016 Serial Coupon 3.000% 2.750 %� 210,000.00 101.509 %� 213,168.90 02/01/2017 Serial Coupon 3.250% 3.000% 215,000.00 101.696% 218,646.40 02/01/2018 Serial Coupon 3.250% 3.150% 220,000.00 100.749% 221,647.80 02/01/2019 Serial Coupon 3.500% 3.300% 230,000.00 101.639% 233,769.70 02/01/20_20 Serial Coupon ___4.000% _ 33500% 2_40,000.00 ____,_104.064% c w_ 249,753.60 02/01/2021 Serial Coupon 4.000% 3.750% 245,000.00^ 102.006 %� c 249,914.70 02/01/2022 Serial Coupon 4.000% 3.900% 255,000.00 100.794% c 257,024.70 02/01/2023 Serial Coupon 4.000% 4.000% 265,000.00 100.000% 265,000.00 02/01/2024 Serial Coupon 4.000% 4.050% 280,000.00 99.446% 278,448.80 _02/01/2025 Serial Coupon 4.100% 290,000.00 _ _ _98.848% 286,659.20 02/01/2026 SeriaTC..pon 4.100% 4.150% 300,000.00 99.398% 298,194.00 02/01/2027 Serial Coupon 4.125% 4.200% 315,000.00 99.066% 312,057.90 02/01/2028 Serial Coupon 4.125% 4.250% 325,000.00 98.396% 319,787.00 02/01/2029 Serial Coupon 4.250% 4.300% 340,000.00 99.336% 337,742.40 02/01/2030 Serial Coupon _ 4.250% _ 4.350% 355,000.00 98.641% 350 175.55 Total - - $5,060,000.00 - - $5,080,766.65 Bid Information Paz Amount of Bonds __T $5,060,000.00 _ 20 766.65 Gross Production _ ___ __� $5,080,766.65 _ Total Underwriter's Discount $(42,948.11) Bid (99.562%) 5 037 818.54 Total Purchase Price $5,037,818.54 Bond Year Dollars _ _ $62,341.17 _ _ Average Life _ _ _ _ __� 12.320 Years Average Coupon _ _ _ 3.9203225% Net Interest Cost NIC � �� 3.9559033% True Interest Cost (TIC) 3.9311163% Ser 09B $5.06M GO Utit Re I SINGLE PURPOSE 1 5/12/2009 1 3:23 PM Ehlers i • Associates, Leaders • City of Mound, MN FINAL - $425,000 General Obligation Equipment Certificates, Series 2009C Total Issue Sources And Uses Dated 06/04/2009 1 Delivered 0610412009 Issue 214K 10 Yr 157K 5 Y Summary Sources Of Funds Par Amount of Bonds $265,000.00 $1600000.00 $425 000.00.' Reoffering Premium 2,282.75 3,035.15 1; 317_90 Total Sources $267,282.75 $163,035.15 $430,317.90 Uses Of Funds Total Underwriter's Discount (1.653%) . ..... 2 4.71 7,025.00 Costs of Issuance 6,415.56 3,390.44 9,806.00 Deposit to Project Construction 0 .9 413486.90 Total Uses $267,282.75 $163,035.15 S430,317.90 Ser 09C Equip Cert 214K 1 1 Issue Summary I 5/1212009 1 3:24 PM City of Mound, MN FINAL - $425,000 General Obligation Equipment Certificates, Series 2009C Debt Service Schedule Date Principal Coupon Interest Total P +I 02/01/2010 - - 8,081.04 8,081.04 02/01/2011 55,000.00 2.000% 12,275.00 67,275.00 02/01/2012 55,000.00 2.000% 11,175.00 66,175.00 02/01/2013 55,000.00 2.500% 10,075.00 65,075.00 02/01/2014 _� - -_ 601000.00 _ 3.000% _ 8,700.00 68,700.00 02/01/2015 60,000.00 3.000% 6,900.00 66,900.00 02/01/2016 25,000.00 3.000% 5,100.00 30,100.00 02/01/2017 25,000.00 3.000% 4,350.00 29,350.00 02/01/2018 30,000.00 4.000% 3,600.00 33,600.00 02/01 /2019 — 30,000.00 4.000% _ 2,400.00 _ 32,400.00 02/01/2020 30,000.00 4.000% 1,200.00 31,200.00 Total $425,000.00 - $73,856.04 $498,856.04 Yield Statistics Bond Year Dollars $2,284.79 Average Life 5.376 Years Aye upon _ _ ._ �_..__...__.._._._.__— —_ _ __ 3.2325065% Net Interest Cost NIC 3.3072223% True Interest Coq .(11C 3.2881906% Bond Yield for Arbitra &e Purposes �J 2.94881990/6 All Inclusive Cost AIC 3.7754107% IRS Form 8038 Net Interest Cost __ —� __ _ 2.9694392% _ Weighted Average Maturity _ 5.364 Years Ser 09C Equip Cert 214K 1 1 Issue Summary 1 5/12/2009 1 3:24 PM Ehlers . ' Leaders in Public Finance Page City of Mound, MN FINAL - $425,000 General Obligation Equipment Certificates, Series 2009C Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price Dollar Price 02/01/2011 Serial Coupon 02/01/2012 Serial Coupon 02/01/2013 Serial Coupon 02/01/2014 Serial Coupon 02/01/2015 Serial Coupon 2.000% 2.000% 2.500% 3.000% 3.000% 1.500% 1.750% 2.000% 2.250% 2.500% 55,000.00 55,000.00 55,000.00 60,000.00 60 000.00 100.815% 100.645% 101.754% 103.297% 102.620% 55,448.25 55,354.75 55,964.70 61,978.20 61 572.00 02/01/2017 Term 1 Coupon 02/01/2020 Term 2 Coupon 3.000% 4.000% 3,000% 4.000% 50,000.00 90,000.00 100.000% 100.000% 50,000.00 90,000.00 Total - - $425,000.00 - $430,317.90 Bid Information Paz Amount of Bonds $425,000.00 Reoffering Premium or (Discount) 5,317.90 Gross Production $430,317.90 Total Underwriter's Discount (1.653 %) _ S(7,025.00) Bid (99.598 %) 423,292.90 Total Purchase Price _ $423,292.90 Bond Year Dollars $2,284.79 Average Life 5.376 Years Average Coupon 3.2325065% _Net Interest Cost (IIC) 3.3072223% True Interest Cost (TIC) 3.2881906% Ser 09C Equip Cert 214K 1 1 Issue Summary 1 5/12/2009 1 3:24 PM Ehlers and Associates, Inc. .•' Public CITY OF MOUND • RESOLUTION NO. 09- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,020,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2009A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mound, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $4,020,000 General Obligation Improvement Bonds, Series 2009A (the 'Bonds" or individually, a 'Bond "), pursuant to Minnesota Statutes, Chapters 429 and 475, to finance public improvement projects (the "Improvements "); and 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 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 D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers at 11:00 a.m. this same day pursuant to the Terms of Proposal established for the Bonds; and E. 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: I. Acceptance of Proposal. The proposal of (the "Purchaser "), to purchase the Bonds in accordance with the Terms of Proposal, 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 Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations-, Maturities-,. Term Bond Option. The Bonds • shall be dated June 4, 2009, as the date of original issue, shall be issued forthwith on or after 2344724v1 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 2011 2019 2012 2020 2013 2021 2014 2022 2015 2023 2016 2024 2017 2025 2018 All dates are inclusive. 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 Bonds. (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: is (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. 2344724v1 (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 • 2 -965- 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, 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 is consent or other action; provided, that the City or the Bond Registrar may establish a 2344724v1 3 WRIT. 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 agencylbond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (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 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 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (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. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, 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. Work on the 23447240 4 MOVIE Improvements shall proceed with due diligence to completion. The City covenants that it shall • do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2010, 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 Maturity Year Interest Rate 2011 2019 2012 2020 2013 2021 2014 2022 2015 2023 2016 2024 2017 2025 2018 5. Redemption. All Bonds maturing on February 1, 2019, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2018, 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 selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the City. If only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall • authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds 23447241 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: UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND R- $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2009A Interest Rate Maturity Date Date of Original Issue CUSIP • _% February 1, 20_ June 4, 2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2010, 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 2344724v1 6 • 16 0 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 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, 2019, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2018, 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 selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer. 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. 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. 23447241 7 -970- Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $4,020,000, 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 May 12, 2009 (the "Resolution "), for the purpose of providing money to finance the construction of public improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2009A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. lei Qualified Tax- Exempt Obli ag tion. 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. • 23447241 -971- �0 I* • 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, 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: 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. as Bond Registrar Authorized Signature 23447241 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 6 -972- 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 - under the (Cust) (State) as custodian for (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: (Include information for all joint owners if the Bond is held by joint account.) 23447241 10 -973- 01 • PREPAYMENT SCHEDULE • This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: • r� 2344724v1 AUTHORIZED DATE AMOUNT SIGNATURE OF HOLDER 11 -974- 8. Execution, Temporary Bonds. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Manager and be sealed with the • seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of June 4, 2009. 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. • 23447241 12 -975- 10 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk 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 the 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 the Bond and for all other purposes whatsoever whether or not the Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2009A 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 2344724v 1 13 -976- in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: • (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments 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 by the City Council to the Debt Service Account or 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 are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) 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 Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (ii) any accrued interest received upon delivery of the Bonds; (iii) any collections of all taxes herein and hereafter levied for the payment of the Bonds and interest thereon; (iv) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof; (v) all investment earnings on funds held in the Debt Service Account; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. lei 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 or the Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage • 23447241 14 -977- U� 140 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. Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, 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 the rates per annum not less than the rate per annum set forth opposite the collection years specified below: Improvement Designations tions Levy Years Collection Years Amount Interest Rate 2008 Street Improvements 2009 -2023 2010 -2024 See attached schedule and Utilities 2009 Street Improvements 2009 -2023 2010 -2024 See attached schedule and Utilities 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. 17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on 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: 23447240 15 Lew Years Collection Years Amount 2009 -2023 2010 -2024 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 Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on 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 475.6 1, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall cease, to the extent permitted by law. 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. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). 2344724v1 The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional 16 -979- 9� 91 description of the property., project or program to which the Declaration relates • and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150 - 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the • Reimbursement Expenditure relates is first placed in service. (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 thirty days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax- exempt status of the Bonds. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, through and including June 30, 2009, and thereafter to the Electronic Municipal Market Access system at www.emma.msrb.org ( "Emma "), in each case as designated by the Commission 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. 23447241 17 •'1 (b) Provide or cause to be provided, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and • any SID, and (ii) thereafter to EMMA, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the MSRB and any SID, and (ii) thereafter to EMMA, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (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. 21. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the 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. 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 heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or • 2344724v1 18 � 0 • permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax - Exempt Status of the Bonds; Rebate; Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the twenty -four month exemption for gross proceeds of the Bonds as provided in Section 1.148- 7(d)(1) of the Regulations. The Mayor, the Manager or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. Designation of Qualified Tax - Exempt Obligations. In order to qualify the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax- exempt obligations" for purposes of Section 265(b)(3) of the Code; (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 2009 will not exceed $30,000,000; and (e) not more than $30,000,000 of obligations issued by the City during this calendar year 2009 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Greenwich, Connecticut on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 28. 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. 23447240 19 29. 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. • 2344724v1 20 •. r lie • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting Clerk 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 the sale of $4,020,000 General Obligation Improvement Bonds, Series 2009A. WITNESS my hand on May _, 2009. 23447240 Clerk 21 EXHIBIT A Bid Tabulation • C7 • 2344724v1 A -1 CITY OF MOUN D RESOLUTION NO. 09- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5,110,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2009B, PLEDGING NET REVENUES FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Mound, Minnesota (the "City "), owns and operates a municipal water utility system (the "Water System "), a municipal sewer utility system (the "Sewer System "), and a municipal storm water utility system (the "Storm Water System" and, together with the Water System and the Sewer System, the "System "), as separate revenue producing public utilities and there are outstanding: (i) $1,585,000 original principal amount of General Obligation Bonds, Series 2001A, dated July 11, 2001, $760,000 original principal amount of which is payable from the net revenues of the Storm Water System (the "2001 Storm Sewer Bonds ") and $570,000 original principal amount of which is payable from the net revenues of the Water System (the "2001 Water Bonds "); (ii) $1,355,000 original principal amount of General Obligation Water and Sewer Revenue Bonds, Series 2003B, dated July 1, 2003 (the "2003 Bonds "), which are payable from the net revenues of the Water System and Sewer System; (iii) $1,675,000 original principal amount of General Obligation Revenue Bonds, Series 2004B, dated June 22, 2004 (the "2004B Bonds "), which are payable from the net revenues of the System; (iv) $3,325,000 original principal amount of General Obligation Water Revenue Bonds, Series 2005B, dated April 19, 2005 (the "2005B Bonds "), which are payable • from the net revenues of the Water System; (v) $1,240,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2006B, dated April 11, 2006 (the "2006B Bonds "), which are payable from the net revenues of the System; (vi) 2,355,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2007B, dated April 5, 2007 (the "2007B Bonds "), which are payable from the net revenues of the System; and (vii) $1,885,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2008C, dated June 4, 2008 (the "2008C Bonds ") (together, the "Outstanding Bonds "); and • B. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $5,110,000 General Obligation Utility Revenue Bonds, Series 2009B (the "Bonds" or individually, a 'Bond "), pursuant to Minnesota Statutes, Chapter 475 and Section 444.075, to finance improvements to the System, which includes the remaining costs of the replacement of trunk lines for the System associated with the 2008 street reconstruction project, sewer lift station rehabilitation and Wilshire Boulevard water and sewer improvements (the "2008 Project ") and the replacement of water, sewer and storm sewer trunk lines associated with the 2009 street reconstruction project, sewer lift station rehabilitation and water and sewer improvements (the "2009 Project" and, together with the 2008 Project, the "Project "); and C. 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 23451040 MOND2 D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers at 11:00 a.m. this same day pursuant to the Terms of • Proposal established for the Bonds; and E. 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 Proposal. The proposal of (the "Purchaser "), to purchase the Bonds in accordance with the Terms of Proposal, 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 Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated June 4, 2009, 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 2011 2021 2012 2022 2013 2023 2014 2024 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 All dates are inclusive. 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 Bonds. (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: 23451041 2 W11-1A (i) The Bonds shall be initially issued and, so long as they remain in book • entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other • person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (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, references to the • Nominee hereunder shall refer to such new Nominee. 23451041 M�111-111 (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 fifteen calendar days in advance of such special record date to the extent possible. is (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. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (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 system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. • 23451041 4 (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 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (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. Purpose. The Bonds shall provide funds to finance 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 February 1, 2010, 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 Maturity Year Interest Rate 2011 2021 2012 2022 2013 2023 2014 2024 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 5. Redemttion. All Bonds maturing on February 1, 2020 and thereafter, shall be • subject to redemption and prepayment at the option of the City on February 1, 2019, and on any 23451041 5 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 selection of the amounts and • maturities of the Bonds to be prepaid shall be at the discretion of the City. If only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND 0 2345104v1 6 -991- • 10 • GENERAL OBLIGATION UTILITY REVENUE BOND, SERIES 2009B Interest Rate Maturity Date Date of Original Issue CUSIP _% February 1, 20_ June 4, 2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2010, 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 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, 2020, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2019, 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 selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer. If only part of the Bonds having a common maturity date are called for prepayment, 23451041 7 -992 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. 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; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $5,110,000, 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 May 12, 2009 (the "Resolution "), for the purpose of providing money to finance water, sewer and storm sewer improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Utility Revenue Bonds, Series 2009B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. 401 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 • 2345104v1 -993- I* 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 Obli ag tion. This Bond has been designated by the Issuer as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue • Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of its municipal water, sewer and storm water Systems (together, the "System ") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Bonds, adequate to pay all principal and interest when due on 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 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. 23451040 9 W� Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the resolution mentioned within. Bond Trust Services Corporation Roseville, Minnesota. as Bond Registrar Authorized Signature Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Manager 23451041 10 -995- *I • 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 - under the (Cust) (State) as custodian for (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. lie Dated: • Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 2345104v1 11 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE 2345104v1 AMOUNT 12 -997- AUTHORIZED SIGNATURE OF HOLDER *I 01 U �e 8. Execution; Temporary Bonds. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Manager and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of June 4, 2009. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Reizistration; 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. 2345104v 1 13 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this • resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk 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 the 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 the Bond and for all other purposes whatsoever whether or not the Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery, Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Utility Revenue Bonds, Series 2009B 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 23451041 14 in the manner herein specified until all of the Bonds and the interest thereon have been fully • paid. The Operation and Maintenance Accounts heretofore established by the City for the Water System, Sewer System and Storm Water System 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(s) 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 of the City and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds. From the Construction Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Any balance remaining in the fund after completion of the costs shall be transferred to the Debt Service Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) 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 Bonds; (ii) all accrued interest received upon delivery of the Bonds; (iii) any collections of all taxes which may hereafter be levied in the event the net revenues and other funds herein pledged to the payment of the principal and interest on the Bonds are insufficient therefor; (iv) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (v) all investment earnings on funds held in the Debt Service Account; and (vi) any and all other moneys which are properly available and are 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 Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. 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 Construction Account or the Debt Service Account (or any other City account which will be used to pay is principal or interest to become due on the bonds payable therefrom) in excess of amounts which 2345104v1 15 -1000- 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 is 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. Excess Net Revenues. Net revenues in excess of those required for the foregoing may be used for any proper purpose. 17. Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and declared that (i) the net revenues of the System are sufficient in amount to pay when due the principal of interest on the Bonds, the 2004B Bonds, the 2006B Bonds, the 2007B Bonds and the 2008C Bonds and a sum at least five percent in excess thereof; (ii) the net revenues of the Water System and the Sewer System are sufficient to pay the 2003 Bonds and a sum at least five percent in excess thereof; (iii) the net revenues of the Storm Water System are sufficient to pay the 2001 Storm Sewer Bonds and a sum at least five percent in excess thereof; (iv) the net revenues of the Water System are sufficient to pay the 2001 Water Bonds and the 2005B Bonds and a sum at least five percent in excess thereof, and the net revenues of the System are hereby pledged for the payment of the Bonds on a parity lien with the Outstanding Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the Bonds as the same become due. • Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues of the System may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. 18. 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 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 ". 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 cease, to the extent permitted by law. 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 • 23451041 16 -1001- 10 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. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and/or covenants as follows: • (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for • each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) 2345104v1 17 -1002- the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (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 thirty 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. 21. 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: *I (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, through and including June 30, 2009, and thereafter to the Electronic Municipal Market Access system at www.emma.msrb.org ( "Emma "), in each case as designated by the Commission 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, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and any SID, and (ii) thereafter to EMMA, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the MSRB and any SID, and (ii) thereafter to EMMA, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (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. • 2345104v1 18 -1003- 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 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. 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. 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; Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the twenty -four month exemption for gross proceeds of the Bonds as provided in Section 1.148- 7(d)(1) of the Regulations. The Mayor, the Manager or either one of them, 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; 2345104v1 19 -1004- (c) the City hereby designates the Bonds as "qualified tax- exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2009 will not exceed $30,000,000; and (e) not more than $30,000,000 of obligations issued by the City during this calendar year 2009 have been designated for purposes of Section 265(b)(3) of the Code. 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. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Greenwich, Connecticut on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 29. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 23451040 20 -1005- *I 61 • STATE OF MINNESOTA . COUNTY OF HENNEPIN CITY OF MOUND • • I, the undersigned, being the duly qualified and acting Clerk 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 the sale of $5,110,000 General Obligation Utility Revenue Bonds, Series 2009B. WITNESS my hand on May _, 2009. Clerk 23451041 2 1 -1006- EXHIBIT A Bid Tabulation • is • 2345104v I A-1 -1007- • • • 2345104v1 i RESOLUTION NO. 09 -_ RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $425,000 GENERAL • OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2009C, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Mound, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $425,000 General Obligation Equipment Certificates, Series 2009C (the "Certificates" or individually, a "Certificate "), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the purchase of various items of capital equipment for the City (the 'Equipment ") and each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and B. WHEREAS, the amount of the Certificates to be issued does not exceed one- quarter of one percent (0.25 %) of the market value of the taxable property in the City ($1,393,776,200 times 0.25% is $3,484,441); and C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ('Ehlers "), as its independent financial advisor for the sale of the Certificates and was therefore authorized to sell the Certificates by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Certificates have been solicited by Ehlers; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received is by the City Clerk, or designee, at the offices of Ehlers, at 11:00 a.m., this same day pursuant to the Terms of Proposal established for the Certificates; and E. WHEREAS, it is in the best interests of the City that the Certificates 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 Proposal. The proposal of (the "Purchaser "), to purchase the Certificates, in accordance with the Terms of Proposal established for the Certificates, 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 Certificates are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Certificate Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Certificates shall be dated June 4, 2009, 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 • 23451350 -1009- [7 I* "Authorized Denominations ") and shall mature on the February 1 in the years and amounts as follows: Year Amount 2011 2012 2013 2014 2015 Year Amount 2016 2017 2018 2019 2020 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 Certificate(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 Certificates, and to this end: 2345135v1 (i) The Certificates shall be initially issued and, so long as they remain in book entry form only (the 'Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Certificate for each maturity of the Certificates; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. (ii) Upon initial issuance, ownership of the Certificates shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Certificates neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Certificates as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Certificates shown on the books and records of the Participant (the 'Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Certificates, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Certificates, 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 Certificates, or (D) the consent given or other action taken by the Depository as the Register Holder of any Certificates (the "Holder "). For 2 -1010- 2345135v1 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 Certificates are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Certificates for the purpose of payment of the principal of and premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to the Certificates, 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 Certificates, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Certificates only to or upon the Holder of the Holders of the Certificates 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 Certificates to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Certificate is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Certificates (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 Certificates, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Certificate 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 Certificates. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar *I *I days in advance of such special record date to the extent possible. • -1011- I* is C� (ix) Any successor 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. (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 Certificates 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 Certificate 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 Certificate that the Beneficial Owners be able to obtain certificates for the Certificates, the Certificates 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 Certificates 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 Certificates will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (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. Purpose. The Certificates shall provide funds to finance the Equipment. The total cost of the Equipment, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. Interest. The Certificates shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2010, 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 dates as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2345135v1 4 -1012- 2011 2016 % 2012 2017 2013 2018 2014 2019 2015 2020 5. Redemption. Certificates maturing on February 1, 2016, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2015, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Certificates subject to prepayment. If redemption is in part, the selection of the amounts and maturities of the Certificates to be prepaid shall be at the discretion of the City. If only part of the Certificates having a common maturity date are called for prepayment, the specific Certificates to be prepaid shall be chosen by lot by the Registrar. Certificates 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 Certificates at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Certificates having a common maturity date, the Registrar prior to giving notice of redemption shall assign to each Certificate having a common maturity date a distinctive number for each $5,000 of the principal amount of such Certificate. The 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 Certificates, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Certificates to be redeemed. The Certificates to be redeemed shall be the Certificates to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Certificate 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 Certificate is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the City or Registrar so requires, a written instrument of transfer in form satisfactory to the City and 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 Registrar shall authenticate and deliver to the Holder of the Certificate, without service charge, a new Certificate or Certificates 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 Certificate so surrendered. 6. Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar "), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate and paragraph 12. 2345135vl 5 -1013- 101 • • 7. Form of Certificate. The Certificates, together with the Registrar's Certificate of • Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 16 • UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND R- $ GENERAL OBLIGATION EQUIPMENT CERTIFICATE, SERIES 2009C Interest Rate Maturi . Date Date of Original Issue CUSIP % February 1, 20_ June 4, 2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2010, 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 Certificate 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 Certificate are payable upon presentation and surrender hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the "Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder ") on the registration books of the Issuer maintained by the 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 Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. So long as this Certificate 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, 2345135v1 6 -1014- premium, if any, and interest on this Certificate and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the • book -entry only system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee. Optional Redemption. The Certificates of this issue (the "Certificates ") maturing on February 1, 2016, and thereafter, shall be subject to redemption and prepayment at the option of the Issuer on February 1, 2015, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Certificates subject to prepayment; if redemption is in part, the selection of the amounts and maturities of the Certificates to be prepaid shall be at the discretion of the Issuer. If only part of the Certificates having a common maturity date are called for prepayment, the specific Certificates to be prepaid shall be chosen by lot by the Registrar. Certificates 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 Certificates at least thirty days prior to the date fixed for redemption. Selection of Certificates for Redemption; Partial Redemption. To effect a partial redemption of Certificates having a common maturity date, the Registrar shall assign to each Certificate having a common maturity date a distinctive number for each $5,000 of the principal amount of such Certificate. The 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 Certificates, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Certificates to be redeemed. The Certificates to be redeemed shall be the Certificates to which were assigned numbers so selected; provided, however, that only so much of the principal amount of Certificate 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 Certificate is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the Issuer or Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and 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 Registrar shall authenticate and deliver to the Holder of the Certificate, without service charge, a new Certificate or Certificates 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 Certificate so surrendered. 01 Issuance; Purpose; General Obligation. This Certificate is one of an issue in the total principal amount of $425,000, 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 May 12, 2009 (the "Resolution "), for the purpose of providing money to finance the purchase of various items of capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates, Series 2009C Fund of the Issuer. This Certificate 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. is 2345135v1 -1015- 10 r: • Denominations; Exchange; Resolution. The Certificates are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Certificates of other Authorized Denominations in equal aggregate principal amounts at the principal office of the 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 Registrar. Copies of the Resolution are on file in the principal office of the Registrar. Transfer. This Certificate is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the 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 Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates 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 Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The 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 Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Reizistered Owners. The Issuer and Registrar may treat the person in whose name this Certificate 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 Certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. Authentication. This Certificate 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 Registrar. Qualified Tax - Exempt Obli ag tion. This Certificate 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, laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Certificate, 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 Certificate to be executed on its behalf by the facsimile signatures of its 23451350 8 -1016- Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. • Date of Registration: REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Certificate is one of the Certificates described in the Resolution mentioned within. Bond Trust Services Corporation Roseville, Minnesota Registrar Authorized Signature Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Manager r� • 2345135v1 9 -1017- • • • ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Certificate, 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) Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT Uniform For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate 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 Certificate 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 Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Certificate is held by joint account.) 2345135v1 10 -1018- 2345135v1 PREPAYMENT SCHEDULE This Certificate has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED DATE AMOUNT SIGNATURE OF HOLDER 11 -1019- 7 • • 8. Execution; Temporary Certificates. The Certificates shall be in typewritten form, • shall be executed on behalf of the City by the signatures of its Mayor and Manager and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Certificates 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 Certificates shall cease to be such officer before the delivery of the Certificates, 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 Certificate 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 Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the City on each Certificate by execution of the Certificate of Authentication on the Certificate and by inserting as the date of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue of June 4, 2009. The Certificate of Authentication so executed on each Certificate 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 Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. • Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the 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 Certificates 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 Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. 2345135v1 12 -1020- All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under • this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate 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 Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The 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 Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Registrar, including regulations which permit the Registrar to close its transfer books between record dates and payment dates. The City Manager is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Payment; Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder ") on the registration books of the City maintained by the 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 Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate 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 Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. 14. Delivery-, Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase' price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Equipment Certificates, Series 2009C 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 2345135v1 13 -1021- 16 10 is be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: 16. Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates. From the Capital Account there shall be paid all costs and expenses of the acquisition of the Equipment including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. 17. Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all taxes herein and hereafter levied for the payment of the Certificates; (ii) all funds remaining in the Capital Account after the payment of all costs of acquisition of the Equipment; (iii) all investment earnings on funds held in the Debt Service Account; and (iv) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Certificates 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 (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (ii) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates 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 Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 18. Tax Lew; Coverage Test. To provide moneys for payment of the principal and interest on the Certificates there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Lew Year of Tax Collection Amount 2009 -2018 2010 -2019 See Attached Levy Schedule 23451350 14 -1022- The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates 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. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the 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 Certificates called for redemption on any date when they are prepayable according to their terms, by depositing with the 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 Certificates, 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. 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 Certificates, 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: *I 61 (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, is 2345135v1 15 -1023- surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Certificates, 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 Certificates. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates 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 Certificates and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (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 thirty days after the Certificates are issued, shall be treated as made on the day the Certificates 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 Certificates stating in effect that such action will not impair the tax- exempt status of the Certificates. • 21. Continuing Disclosure. The City is the sole obligated person with respect to the Certificates. 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 each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, through and including June 30, 2009, and thereafter to the Electronic Municipal Market Access system at www.emma.msrb.org ( "Emma "), in each case as designated by the Commission 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, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and any SID, and (ii) thereafter to EMMA, notice of the occurrence of certain material events with respect to the Certificates in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the MSRB and any SID, and (ii) thereafter to EMMA, notice of a failure by the City to provide the annual financial information with respect to the City . described in the Undertaking. 2345135vl 16 -1024- (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 Certificates 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 Certificates, and (iii) acceptable to the Officers. 22. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificates, 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 Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates 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. 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 Certificates 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 Certificates, certified copies of all proceedings and records of the City relating to the Certificates 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 Certificates 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 Proceeds and Equipment. The City hereby covenants not to use the proceeds of the Certificates or the equipment financed thereby, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the equipment, in such a manner as to cause the Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 26. Tax- Exempt Status of the Certificates; Rebate; Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Certificates, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on • 2345135v1 17 'iIINIM amounts invested at a yield greater than the yield on the Certificates, and (iii) the rebate of excess • investment earnings to the United States. The City expects to satisfy the eighteen month expenditure exemption for gross proceeds of the Certificates as provided in Section 1.148 - 7(d)(1) of the Regulations. The Mayor, the Manager or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Certificates as they deem necessary, appropriate or desirable in connection with the Certificates, 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 Certificates 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 Certificates are issued after August 7, 1986; (b) the Certificates are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Certificates 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 2009 will • not exceed $30,000,000; and • (e) not more than $30,000,000 of obligations issued by the City during this calendar year 2009 have been designated for purposes of Section 265(b)(3) of the Code. 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. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Certificate proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Greenwich, Connecticut on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 29. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions hereof. 30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 2345135v1 18 -1026- The motion for the adoption of the foregoing resolution was duly seconded by Member and, after a full discussion thereof and upon 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. is • 2345135v1 19 -1027- STATE OF MINNESOTA • COUNTY OF HENNEPIN CITY OF MOUND • • I, the undersigned, being the duly qualified and acting Clerk of the City of Mound, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as the minutes relate to providing for the issuance and the sale of $425,000 General Obligation Equipment Certificates, Series 2009C. WITNESS my hand on May , 2009. Clerk 2345135v1 20 -1028- EXHIBIT A Bid Tabulation • • • 2345135v1 A -1 -1029- • CITY OF MOU May 7, 2009 TO: FROM: RE: Mayor and City Council Bonnie Ritter Hennepin County Assessment Agreement 5341 M"WOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com Following is the letter from Hennepin County Assessor's office, along with the proposed • agreement. I have included a copy of contract #A02901, dated 2001, that was renewed in 2005 for another 4 years. I've also included a copy of the cover letter from Kandis dated 2/2/05, the resolution extending the contract, and a cost summary of the contract costs in 2005, 2006, 2007 and 2008. 0 printed on recycled paper -1030- Hennepin Hennepin County Assessor Department A -2103 Government Center 300 South Sixth Street Minneapolis; MN 55487 -0213 May 1, 2009 Kandis Hanson City of Mound 5341 Maywood Rd. Mound, MN 55364 Dear Ms. Hanson: www.co.hennepin.mn.us Re: Assessment Agreement A090393 — City of Mound Enclosed please find the original and one copy of the above referenced assessment agreement for execution by the proper officials in the City of Mound. This agreement is for five years covering the 2010, 2011, 2012 and 2013 assessments. Please review the contract and feel free to contact me with any questions that may arise. After execution by the proper officials, please return the original and copy to me along with a copy of your city council resolution. We will return a copy to you after they have been executed by Hennepin County Officials. Thank you for your cooperation in this matter. Very truly yours, Ki//z/1411 William G. Effertz Asst. Hennepin County Assessor WGE :js Enc. An Equal Opportunity Employer —1031— • • • Recycled Paper lie I* Contract No. A090393 AGREEMENT THIS AGREEMENT, Made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY ", and the CITY OF MOUND, a political subdivision of the State of Minnesota, hereinafter referred to as "CITY "; WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN and constitutes a separate assessment district; and WHEREAS, under such circumstances, the provisions of Minnesota Statutes, Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said CITY desires the COUNTY to perform certain assessments on behalf of said CITY; and WHEREAS, the COUNTY is willing to cooperate with said CITY by completing the assessment in a proper manner; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. The COUNTY shall perform the 2010, 2011, 2012 and 2013 property assessment for the CITY OF MOUND in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The -1032- property assessment by the COUNTY shall be composed of those assessment services which are set forth in Exhibit A, attached hereto and made a part hereof by this • reference, provided that the time frames set forth therein shall be considered to be approximate only. 2. All information, records, data, reports, etc. necessary to allow the COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY without charge by the CITY, and the CITY agrees to cooperate in good faith with the COUNTY in carrying out the work under this Agreement. 3. The CITY agrees to furnish, without charge, office space needed by the COUNTY at appropriate places in the CITY's offices. The keys thereto shall be provided to the COUNTY. The CITY assures that such areas shall not be unattended, during or after work of any kind by or on behalf of the CITY, in any area occupied by the COUNTY as provided herein, or if unattended, the CITY shall make certain that such areas are locked and secured. Such office space shall be sufficient in size to accommodate reasonably two (2) appraisers and any furniture placed therein. The office space shall be available for the COUNTY's use at any and all times during the CITY's business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. 4. The CITY also agrees to provide appropriate desk and office furniture as necessary, clerical and secretarial support necessary and reasonable for the carrying out of the work herein, necessary office supplies and equipment, copying machines and fax machines and their respective supplies, telephone service and WEB access to the COUNTY, all without charge to the COUNTY. (2) -1033- 401 • 5. It shall be the responsibility of the CITY to have available at the CITY's • offices each CITY working day a person who has the knowledge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters and to receive, evaluate and organize homestead applications. It shall also be the responsibility of the CITY to promptly refer any homestead application which needs investigation to the COUNTY. 6. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex- offender status or national origin; and no person who is protected by applicable Federal or State laws, rules and regulations • against discrimination shall be otherwise subjected to discrimination. 7. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co- partners between the parties hereto or as constituting the CITY as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. Any and all personnel of CITY or other persons, while engaged in the performance of any activity under this Agreement, shall have no contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of (3) -1034- employment or alleged employment including, without limitation, claims of discrimination against the CITY, its officers, agents, CITY or employees shall in no way be the responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re- employment Compensation, disability, severance pay and retirement benefits. 8. CITY agrees that it will defend, indemnify and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) resulting form or caused by any act or omission of the CITY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. 9. The COUNTY shall endeavor to perform all services called for herein in an efficient manner. The sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY's liability of any kind whatsoever, including but not limited to liability arising out of, resulting from or in any manner related to contract, tort, warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances. (4) -1035- *I C] • I* I* • 10. Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, resulting from causes beyond the reasonable control of such party, which causes shall include, but are not limited to, acts of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties' reasonable control. 11. This Agreement shall commence on August 1, 2009, and shall terminate on July 31, 2013. Either party may initiate an extension of this Agreement for a term of four (4) years by giving the other written notice of its intent to so extend no less than 150 days prior to the termination of this Agreement. If the party who receives said notice of intent to extend gives written notice to the other party of its desire not to extend within 110 days prior to termination of this Agreement, this Agreement shall terminate on July 31, 2013. Nothing herein shall preclude the parties, prior to the end of this Agreement, from agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be on the same terms and conditions set forth herein and shall commence on August 1, 2013. Either party may terminate this Agreement for "just cause" as determined by the Commissioner of Revenue after hearing for such a determination is held by the Commissioner of Revenue and which has been attended by representatives of COUNTY and CITY or which said representatives had a reasonable opportunity to attend, provided that after such determination, any party desiring to cancel this Agreement may do so by giving the other party no less than 120 days' written notice. If the CITY should cancel this Agreement, as above provided, before the completion of the then current property assessment by the COUNTY, the (5) -1036- CITY agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any liability that might ensue as a result of the non- completion of a property tax assessment. For the purpose of this Agreement, the term "just cause" shall mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder. 12.A. In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of Ninety -six Thousand dollars ($96,000) for each annual assessment, provided that any payment for the current year's assessment may be increased or decreased by that amount which exceeds or is less than the COUNTY's estimated cost of appraising new construction and new parcels for the current year's assessment. The amount of any increase or decrease shall be specified in the billing for the current year's assessment. 12.13. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of $96,000.00 may also be increased by the COUNTY if: (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not limited to the following types of costs: new construction and new parcel appraisals, gasoline, postage, supplies, labor (including fringe benefits) and other types of costs, whether similar or dissimilar; and /or 2) The COUNTY reasonably determines that other costs should be included in the costs of assessment work. If the COUNTY desires to increase the assessment cost pursuant to this paragraph 12(B), it shall give written notice thereof by June 15 of any year and such increase shall apply to the assessment for the calendar year next following the current calendar year. Any such notification shall specifically set forth the amount of any new (6) -1037- *I 91 LJ construction and new parcel appraisal charges. Notwithstanding any provisions herein to the • contrary, an such increase exclusive of an charge for the estimated costs of new rY� Y � Y g construction and new parcel appraisals, exceeds ten (10 %) percent of the amount charged for the assessment for the then current calendar year, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement by giving to the COUNTY written notice thereof, provided that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shall be effective no earlier than five (5) days after the receipt of said notice by the COUNTY and not later than July 31 of said current calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Failure of the COUNTY to give the CITY a price- change notice by June 15 • shall not preclude the COUNTY from giving CITY such notice after said date but prior to • September 1 of any year, provided that if such price increase exceeds said ten (10 %) - all as above set forth - the CITY may cancel this Agreement if the COUNTY receives notice thereof not Later than thirty -nine (39) days from the date of receipt by the CITY of any said late price - change notice, provided further that any such cancellation shall be effective not earlier than five (5) days after COUNTY's receipt of said cancellation notice and not later than forty -six (46) days after the CITY's receipt of any said price- increase notice. Payment for each assessment shall be made in the following manner: Any bill from the COUNTY for the current year's assessment which is received by the CITY before August 18 of the current year shall be due on September 7 of said year, (7) -1038- provided that the CITY may elect to pay said bill before said date. Any said bill received b the CITY after August 18 shall be due no later than twenty-one 21 days after t • Y 9 y ( ) y he CITY's receipt thereof. 13. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO CITY: Mayor, City of Mound 5341 Maywood Road Mound, MN 55364 TO COUNTY: Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 copies to: County Assessor Hennepin County • 2103A Government Center Minneapolis, MN 55487 Assistant County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. • (8) -1039- 10 • 14. It is expressly understood that the obligations of the CITY under Paragraphs 7, 8, 11, and 12 hereof and the obligations of the CITY which, by their sense and context, are intended to survive the performance thereof by the CITY, shall so survive the completion of performance, termination or cancellation of this Agreement. [Remainder of page intentionally left blank.] (9) -1040- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this day of , 2009. Reviewed by the County Attorney's Office Date: -4 —( � City organized under: COUNTY OF HENNEPIN STATE OF MINNESOTA By: Chair of Its County Board ATTEST: Deputy /Clerk of County Board Date: And: Assistant/Deputy /County Administrator Date: CITY OF MOUND 91 Its And: Its Statutory Option A Option B Charter (10) -1041- *I 401 10 1.0 • Contract No. A090393 EXHIBIT A CITY OF MOUND During the contract term, the County shall: 1. Physically inspect and revalue 20 % of the real property, as required by law. 2. Physically inspect and value all new construction, additions and renovation. 3. Conduct valuation reviews prior to Board of Review - approximate dates: March through May 15. 4. Attend Board of Review. Per Board request, make all necessary review appraisals. Approximate dates: April 1 - May 31 . 5. Keep updated field card file - current values, homestead and classification data. 6. Print, mail and post valuation notices and homestead cards. 7. Respond to taxpayers regarding assessment or appraisal problems or inquiries periodically. 8. Make divisions and combinations periodically. 9. Administer the abatement process pursuant to Minn. Stat. § 375.192 (2000). 10. Make appraisals, defend and /or negotiate all Tax Court cases. 11. Post values from appraisal cards to assessment rolls. 12. Adjust estimated market values on those properties not physically inspected as needed as per sales analysis. (11) -1042- < / § a g E 0 q 2 r- F- Q g� & w � LO s m � m § as w 2 \ 0 k $ \ \ - § E » < G k} co i 2 I 2 & . \ _ _ _ _ . _ \ 0 0 0 0 O m 0 a< w @ G S 0 E }\ 1- k k (D co k b 0 _ @ . c LO \ § § § / / Z i\ ° @ q C a . k \ » ° c R Q q ~ 2 § 2 § OD � / g § G ? 2 \ L < z § \ k \ \ \ \ � . 0 .\ \ \ \ / 0 e E\ 2 £ \ § ) \ k % ) \ § 0 k k � O ■ LL \ 0 j k :m mw m q m 2 < ) Z ) 2 ) o \ U k/ k§ k§ k§ <u 2 ) \ q w w w §« q f m (L) m (D m n \ 3 / 0 § § z § z 0 0 0 4 / 4 \ j \ q 0 § 0 S 0\ O W 0 2 $ $ § 2 CO < E ? K\ b .k § k o § 0 k S 0\ 2 w R w R w 8 w R ?2 2 < u \ I ■ - § . . \ / / a ƒ 41 2 k b \ ca ) / \ \ 0 k© � k d© \ >k� -1043- A *I *I 01 To: City Mayor and Council From: Kandis Hanson, City Manager Date: February 2, 2005 Re: Assessment Agreement with Hennepin County Attached please find a copy of the Assessment Agreement with Hennepin County and a letter from Hennepin County Assessor Thomas J. May. This agreement will expire on July 31, 2005 and the County Assessor is asking for an extension for a term of four years as provided in Section 11 of the agreement. We have discussed the assessing services provided by the County with the Council during the budget process and we have evaluated our options with staff and others. Administration is of the opinion that the cost of the services received from the County are reasonable and that the City would incur higher costs if assessments was done in house. The cost for assessing services for the last three years was as follows: Year Cost 2002 78,037 2003 83,269 2004 79,300 2005 83,300 (Budget) County Assessor Thomas May will be available to answer any questions or concerns during the Council meeting on February 8, 2005, and feel free to call me at 952- 472 -0609 with any comments. ..0 Cc: Gino Businaro, Finance Director -1044- CITY OF MOUND RESOLUTION NO. 06-31 • RESOLUTION TO EXTEND AGREEMENT WITH HENNEPIN COUNTY (CONTRACT A02901) FOR ASSESSMENT SERVICES WHEREAS, The City of Mound currently is under agreement with Hennepin County for assessment services; and WHEREAS, this agreement (A02901) expires on July 31, 2005; and WHEREAS, Section 11 of this agreement provides that this agreement may be extended for a term of four (4) years by either party giving the other written notice of its intent to extend no less than 150 days prior to the termination of this agreement. NOW, THEREFORE BE IT RESOLVED by the City Council that they wish to extend Contract A02901 with Hennepin County for assessment services for another four years, being 2006, 2007, 2008 and 2009. Adopted by the City Council this 8th day of February, 2005. Attest: Bonnie Ritter, City Clerk -1045- Mayor Pat Meisel • 10 10 0--- of -3ff Contract No. A02901 AGREEMENT THIS AGREEMENT, Made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY ", and the CITY OF MOUND, a political subdivision of the State of Minnesota, hereinafter referred to as "CITY "; WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN and constitutes a separate assessment district; and WHEREAS, under such circumstances, the provisions of Minnesota Statutes, Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said CITY desires the COUNTY to perform certain assessments on behalf of said CITY; and WHEREAS, the COUNTY is willing to cooperate with said CITY by completing the assessment in a proper manner; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. The COUNTY shall perform the 2002, 2003, 2004, and 2005 property assessment for the CITY OF MOUND in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The -1046- property assessment by the COUNTY shall be composed of those assessment services • which are set forth in Exhibit A, attached hereto and made a part hereof by this reference, provided that the time frames set forth therein shall be considered to be approximate only. 2. All information, records, data, reports, etc. necessary to allow the COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY without charge by the CITY, and the CITY agrees to cooperate in good faith with the COUNTY in carrying out the work under this Agreement. 3. The CITY agrees to furnish, without charge, office space needed by the COUNTY at appropriate places in the CITY's offices. The keys thereto shall be provided to the COUNTY. The CITY assures that such areas shall not be unattended, during or after work of any kind by or on behalf of the CITY, in any area occupied by the COUNTY as p rovided herein, or if unattended, the CITY shall make certain that such • areas are locked and secured. Such office space shall be sufficient in size to accommodate reasonably two (2) appraisers and any furniture placed therein. The office space shall be available for the COUNTY's use at any and all times during the CITY's business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. 4. The CITY also agrees to provide appropriate desk and office furniture as necessary, clerical and secretarial support necessary and reasonable for the carrying out of the work herein, necessary office supplies and equipment, copying machines and (2) -1047- CIO© 10 10 • 6 -�)\ fax machines and their respective supplies, and telephone service to the COUNTY, all without charge to the COUNTY. 5. It shall be the responsibility of the CITY to have available at the CITY's offices each CITY working day a person who has the knowledge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters and to receive, evaluate and organize homestead applications. It shall also be the responsibility of the CITY to promptly refer any homestead application which needs investigation to the COUNTY. 6. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex- offender status or national origin; and no person who is protected by applicable Federal or State laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. 7. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co- partners between the parties hereto or as constituting the CITY as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. Any and all personnel of CITY or other persons, while engaged in the performance of any activity under this Agreement, shall have no contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under the Workers' Compensation Act of the State of (3) -1048- Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the CITY, its officers, agents, CITY or employees shall in no way be the responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re- employment Compensation, disability, severance pay and retirement benefits. 8. CITY agrees that it will defend, indemnify and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) resulting form or caused by any act or omission of the CITY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. 9. The COUNTY shall endeavor to perform all services called for herein in an efficient manner. The sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY's liability of any kind whatsoever, including but not limited to liability arising out of, resulting from or in any manner related to contract, tort, (4) -1049- *I • r �- • • U 6S3 warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances. 10. Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, resulting from causes beyond the reasonable control of such party, which causes shall include, but are not limited to, acts of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties' reasonable control. 11 This Agreement shall commence on August 1, 2001, and shall terminate on July 31, 2005. Either party may initiate an extension of this Agreement for a term of four (4) years by giving the other written notice of its intent to so extend no less than 150 days prior to the termination of this Agreement. If the party who receives said notice of intent to extend gives written notice to the other party of its desire not to extend within 110 days prior to termination of this Agreement, this Agreement shall terminate on July 31, 2005. Nothing herein shall preclude the parties, prior to the end of this Agreement, from agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be on the same terms and conditions set forth herein and shall commence on August 1, 2005. Either party may terminate this Agreement for "just cause" as determined by the Commissioner of Revenue after hearing for such a determination is held by the Commissioner of Revenue and which has been attended by representatives of COUNTY and CITY or which said representatives had a reasonable opportunity to attend, provided that after such determination, any party desiring to cancel this Agreement may do so by giving the other party (5) -1050- no less than 120 days' written notice. If the CITY should cancel this Agreement, as above • provided, before the completion of the then current property assessment by the COUNTY, the CITY agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any liability that might ensue as a result of the non- completion of a property tax assessment. For the purpose of this Agreement, the term "just cause" shall mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder. 12. A. In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of Seventy -three Thousand Two Hundred ($73,200.00) Dollars for each assessment, provided that any payment for the current year's assessment may be increased or decreased by that amount which exceeds or is less than the COUNTY's estimated cost of appraising new construction and new parcels for the current year's assessment. The amount of an increase or decrease shall be specified in the billing • y p for the current year's assessment. Any bill from the COUNTY for the current year's assessment which is received by the CITY before August 18 of the current year shall be due on September 7 of said year, provided that the CITY may elect to pay said bill before said date. Any said bill received by the CITY after August 18 shall be due no later than twenty -one (21) days after the CITY's receipt thereof. 12.13. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of $73,200.00 may also be increased by the COUNTY if: (6) -1051- b� • • (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not limited to the following types of costs: new construction and new parcel appraisals, gasoline, postage, supplies, labor (including fringe benefits) and other types of costs, whether similar or dissimilar; and /or 2) The COUNTY reasonably determines that other costs should be included in the costs of assessment work. If the COUNTY desires to increase the assessment cost pursuant to this .paragraph 12(B), it shall give written notice thereof by June 15 of any year and such increase shall apply to the assessment for the calendar year next following the current calendar year. Any such notification shall specifically set forth the amount of any new construction and new parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such increase, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, exceeds ten (10 %) percent of the amount charged • for the assessment for the then current calendar year, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement by giving to the COUNTY written notice thereof, provided that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shall be effective no earlier than five (5) days after the receipt of said notice by the COUNTY and not later than July 31 of said current calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Failure of the COUNTY to give the CITY a price- change notice by June 15 shall not preclude the COUNTY from giving CITY such notice after said date but prior to September 1 of any year, provided that if such price increase exceeds said ten (10 %) - • all as above set forth -the CITY may cancel this Agreement if the COUNTY receives 0.,- (7) �km -1052- notice thereof not later than thirty -nine (39) days from the date of receipt by the CITY of • any said late price- change notice, provided further that any such cancellation shall be effective not earlier than five (5) days after COUNTY's receipt of said cancellation notice and not later than forty -six (46) days after the CITY's receipt of any said price- increase notice. Payment by the CITY shall be due no later than twenty -one (21) days after receipt by the CITY of billing from the COUNTY for the herein assessment services, provided that said payment shall be due no earlier than September 7 of each year. 13. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO CITY: Mayor, City of Mound • 5341 Maywood Road Mound, MN 55364 TO COUNTY: Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 copies to: County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Assistant County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed • (8) -1053- 6(0% • received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 14. It is expressly understood that the obligations of the CITY under Paragraphs 7, 8, 11, and 12 hereof and the obligations of the CITY which, by their sense and context, are intended to survive the performance thereof by the CITY, shall so survive the completion of performance, termination or cancellation of this Agreement. 15. The herein parties hereby agree that that certain contract between the County and the City of Mound (formerly the Village of Mound), dated September 12, 1972 for County Assessment services shall be terminated at the end of July 31, 2001, provided that the obligations of the CITY which by their sense and context are intended • t0 survive the completion of performance thereof by the CITY shall so survive the completion of performance and termination or cancellation of said contract, including, without limitation, the making of any payments thereunder. [Remainder of page intentionally left blank.] -1054- IN WITNESS WHEREOF, the parties have caused this Agreement tto be executed by its duly authorized officers and delivered on its behalf, this J --day of 2001. 0 UZ ate: ED AS TO COUNTY OF HENNEPIN, STATE OF MINNESOTA er Ak And: 0 is on le with the `i/ ,Clerk the R //"of,- 'Deputy /Count Ad in -1) 1'74 n . rl/ 14P VrQeM '6fthe County �= • ► 5 Its And: The above Agreement No. A02901 is hereby approved by the Commissioner of Revenue this day of , 2001. COMM SION ENU City organized under: Statutory Option A Option B Charter (10) -1055- �� • • • I• Contract No. A02901 EXHIBIT A CITY OF MOUND During the contract term, the County shall: 1. Physically inspect and revalue 25% of the real property, as required by law. 2. Physically inspect and value all new construction, additions and renovation. 3. Conduct valuation reviews prior to Board of Review - approximate dates: March through May 15. 4. Attend Board of Review. Per Board request, make all necessary review appraisals. Approximate dates: April 1 - May 31 . 5. Keep updated field card file - current values, homestead and classification data. 6. Print, mail and post valuation notices and homestead cards. 7. Respond to taxpayers regarding assessment or appraisal problems or inquiries periodically. 8. Make divisions and combinations periodically. 9. Administer the abatement process pursuant to Minn. Stat. § 375.192 (2000). 10. Make appraisals for, testify or negotiate all District Court or Tax. Court filings. 11. Post values from appraisal cards to assessment rolls. 12. Adjust estimated market values on those properties not physically inspected as needed and per sales analysis. (11) -1056- 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council City of Mound Planning and Building Department From: Sarah Smith, Comm. Development Director Date: May 5, 2009 Re: Mound Visions Federal Funding Request Summary. Staff will provide an update regarding the Mound Visions funding request at the 5/12 meeting. Additionally, it is anticipated that Mayor Hanus and Council Member Osmek will provide a report of the congressional meetings held in Washington, D.C. on May 5t'. Based on discussions on Ms.Gehrman on 5/5 and 5/6, it is Staff's understanding the some of the funding components in Priority No. 1 and Priority No. 2 need to modified and clarified. Additionally, some of the component(s) within Priority No. 1 and Priority No. may need to be shifted. Staff and LGN are currently working on this item(s) and will provide further comment at the meeting. A memorandum from Emily Gehrman of LGN following the 5/5 meetings was prepared and includes a summary of the congressional meetings. Attachments. LGN memo — 5/5 congressional meeting summary LGN 5/5 congressional meeting schedule Downtown Mound and Redevelopment Summary Timeline Downtown Mound and Redevelopment Overview — federal meetings talking points Mound Visions funding request "leave behind" pamphlet Supplemental information request from Senator Klobuchar's office regarding Mound Visions funding request (DRAFT) -1057- DRAFT • Please Ancwpr the C-- lm-_L Facility /Organization Requesting: City of Mound, MN Project Title (As Submitted to the Office of Senator Klobuchar): Mound Visions Funding Request Estimated Number of Jobs Created through Funding: 295* (Note: *Preliminary estimate referenced above is from 2003 -2004 Livable Communities grant application for Mound Visions /Mound Harbor Renaissance Redevelopment Plan (as of 2003) that was submitted to the Twin Cities Metropolitan Council and therefore does not include jobs created as a result of broader redevelopment efforts in downtown Mound. Project Justification: Please supply 1 -3 sentences explaining why this funding is in the interest of taxpayers. • Funding for our public redevelopment /infrastructure /transportation projects will reuse blighted properties, restore lakeshore habitat and • will strengthen the tax base, create job opportunities, stimulate the economy and encourage private reinvestment. • • The project will create valuable pedestrian and bicycle links between the Dakota Regional Trail and future Light Rail Transit (LRT) corridor, residential neighborhoods and the public shores of Lake Minnetonka. With one other short segment yet to be built, the Dakota Regional Trail will soon connect downtown Mound with downtown Minneapolis. The project will extend the pedestrian and bicycle reach of the regional trail 346179v1 JBD MU195 -15 -1058- Wi w.UGkiay.tbiit TO: City of Mound ARNNEAPOLIS WASHINGTON, D.C. • Suite 2200 Suite 210 100 Washington Avenue South 415 Second Street, N.E. Minneapolis, MN 55401 -2179 Washington, D.C. 20002 -4900 T 612.339.6900 T 202.544.9840 F 612- 339 -0981 F 202 -544 -9850 MEMORANDUM FROM: LOCKRIDGE GRINDAL NAUEN P.L.L.P Federal Relations Dennis McGrann H Emily Gehrman DATE: May 5, 2009 RE: Summary of Congressional Meetings Below is a summary of your recent meetings in Washington, DC. Please contact Dennis McGrann (office: (202) 544 -9841; cell: (202)669 -4591 or Emily Gehrman (office: (202) 544- 9896; cell: (202) 378 -7147) at any time for questions or if you need additional information. TUESDAY, MAY 5, 2009 11:00 AM CONGRESSMAN JAMES OBERSTAR with Bill Richard, Chief of Staff Mayor Hanus and Councilmember Osmek were able to meet briefly with Chairman Oberstar before meeting with his Chief of Staff Bill Richard. This was a brief but very informative meeting with Mr. Richard who was supportive of the project but advised that the City work with Congressman Paulsen and his staff to ensure that our current request through the transportation reauthorization bill is compliant with federal statute for this legislation. Action Item• -LGN staff has and will work with Mound staff to align our requests with Mr. Richard's suggestions and meet congressional requirements for this process. -LGN staff will draft thank you letters to Congressman Oberstar and his staff for the review of Mound staff and Council. 3:00 PM SENATOR AMY KwBUCHAR -1059- • • • May 5, 2009 Page 2 140 r� and Travis Talvitie, Legislative Assistant This was a very productive meeting with The Senator's transportation legislative assistant Travis Talvitie. The Mayor and Councilmember were able to update Travis fully on the Mound Visions project and make him aware of status updates. Mound was also able to meet with Senator Klobuchar and give her a brief overview of the project and status. Action �°= -LGN staff will draft thank you letters to the Senator and her staff for the review of Mound staff and Council 4:00 PM CONGRESSMAN ERIK PAULSEN with Desiree Westby, Legislative Assistant The Mayor and Councilmember spoke briefly with Congressman Paulsen during this visit as well as with his Chief of Staff Dean Peterson. The bulk of their time was spent with Desiree Westby, the Congressman's head transportation staff. Desiree is well acquainted with the project so time was spent in determining the most beneficial was to align the City's "priority" requests in order to have the best chance of receiving funding through the upcoming transportation reauthorization High Priority Project (HPP) process. Action item: -LGN staff will work with Mound staff to determine the best approach to a revised request in the HPP process to ensure that the City has met all obligations and requirements in this process. -LGN staff will draft thank you letters to the Senator and her staff for the review of Mound staff and Council -1060- INDAL A.ttoib'6ji at Lair arid'.ir.lobklate:tom N MVEMLIS Suite 2200 100 Washington Avenue South MiompoI6, MN 55401 -2179 T 612339.6900 P 612 - 339-0981 WASIONGTOK MC Sure 210 415 Second Street, N.E. Wahington,D.0 20002-4900 T 202.544.9840 F 202.344 -9850 MEMORANDUM TO: City of Mound FROM: LOCKRIDGE GRINDAL NAUEN P.L.L.P Federal Relations Dennis McGr um // Emily Gehrman DATE: May 5, 2009 RE: SCHEDULE OF CONGRESSIONAL MEETINGS Below is a preliminary schedule for your upcoming appointments in Washington, DC. Due to the nature of the Congressional schedule during legislative session, meetings may be subject to change with short notice. Please contact Dennis MoGrann (office: (202) 5449841; cell: (202)6694591) or Emily Gehrman (office: (202) 5449896; cell: (202) 378 -7147) at any time for questions or if you need additional information. TUESDAY, MAY 5, 2009 9:15 AM STRATEGY BREAKFAST t�l�Tnvc with Dennis McGrann and Emily Gehrman The Center Cafb at Union Station 60 Massachusetts Ave, NE Washington, DC 20002 E. Gehrman Cell: (202) 378 -7147 11:00 AM CoNGREsstilAN JAmzs OBERSTAR with Bill Richard, Chief of Staff 2365 Rayburn House Building Washington, D.C. 20515 Telephone: (202) 225 -6211 // Fax: (202) 225 -0699 0 -1061- *I 01 •I April 30, 2009 Page 2 11:45 PM FEDERAL ISSUES BRIEFING With Dennis McGrann // Emily Gehrman / /Andy Burmeister LOCKRIDGE GRINDAL NAUEN Federal Relations 415 Second Street NE Suite 210 Washington, D.C. 20002 -4900 Telephone: (202) 544 -9840 12:30 PM &T--RATEGY LpN Location TBD 2 :00 PM SENATOR AMY KLOBUCHAR and Travis Talvitie, Legislative Assistant 302 Hart Senate Building Washington, D.C. 20510 Telephone: (202) 224 -3244 // Fax: (202) 228 -2186 3:30 PM CONGRESSMAN ERIK PAULSEN with Desiree Westby, Legislative Assistant 126 Cannon House Office Building Washington, DC 20515 Phone: (202) 225 -2871 *4:00 PM STRATEGY SUMMARY MEN Location TBD Tentatively Scheduled -1062- Downtown Mound and Redevelopment Projects Timeline 1990 -1992 Mound Visions: the revitalization effort for downtown Mound begins Downtown Master Plan and Mound Environmental and Appearance Model adopted 1994 Mound receives first of two pivotal federal grants totaling $1.4M to restore Lost Lake Channel and create a public greenway /marina as centerpiece of downtown 1998 -1999 Auditor's Road, Mound's new "mainstreet ", opens to traffic Historic Lost Lake Channel reopens to boating after a half - century hiatus 2000 Zoning Ordinance revisions to create downtown district regulations and standards Downtown's first redevelopment, Mound True Value Hardware Store, opens its new facility 2001 -2002 Gillespie Community Center has their grand opening New downtown Post Office construction Mound Marketplace shopping center and Village by the Bay residential project(s) construction starts in downtown • 65,000 SF of commercial / retail • 99 residential units Adoption of Mound Surface Water Management Plan (SWMP) and transfer of permitting authority from the Minnehaha Creek Watershed District (MCWD) to the City of Mound Cypress Commons (former bowling alley) remodel project along CSAH 15 / Shoreline Drive -1063- 2003 -2004 Lost Lake Greenway opens as the signature public green space and marina of downtown New public safety building construction start County Road 15 is realigned through downtown and is visually transformed to become an aesthetic icon of Mound. (Note: road project was competed and opened to traffic in 2005) Approval of Mound Harbor Renaissance (MHR) sketch plan for Lost Lake / Auditor's Road / Lake Langdon Districts Stonegate Plaza (formerly Shoreline Plaza) remodel project located on Shoreline Drive / CSAH 15 2005 AUAR for Mound Visions / MHR redevelopment plan(s) adoption MHR TIF District establishment/approval Lost Lake District (Phase I of MHR redevelopment plan) project approvals Super America remodel / site design project(s) along Shoreline Drive /CSAH 15 Remodel / subdivision of east end of Balboa Business Building for reuse by Mound Mini Storage located on Shoreline Drive / CSAH 15 Lost Lake Villas dump remediation and site work 2006 Lost Lake Villas townhomes construction start Transit District parking deck (Deck 1) design project and approvals 2007 Transit District parking deck (Deck 1) construction and grand opening Wolner Field parking lot / stormwater improvement project Lost Lake commercial building in Lost Lake (Caribou Coffee and "Tenant B ") construction start Comprehensive Plan 2030 update process starts 1064 2007 (continued) RayMar garden center and east end retail areas construction start in downtown Dakota Regional Trail construction start 2008 Construction of road connection from Shoreline Drive /CSAH 15 from Auditor's Road, the City's new "mainstreet" Completion and opening of Dakota Regional Trail which runs through Mound including its downtown Construction and completion of Veteran's Plaza Park in Transit District Submittal of 2030 Comprehensive Plan update to the Metropolitan Council 2009 Demolition of (4) structures in 5500 block of former Shoreline Drive (pending May 2009) Historic wellhouse relocation from Auditor's Road to Transit District which will be used as trail head and transit center (pending May 2009) 1065- U, k *1 " o Im - Downtown Mound Redevelopment Overview Talking Points — Federal Official Meetings • Mound's request for federal funding revolves around 2 efforts including completion of the remaining infrastructure necessary for our transit - oriented redevelopment and trail and ecological linkage of the new Dakota Regional Trail to Lake Minnetonka. Mound Visions Funding Request Amount: $16.6M (Priority #1- $7M, Priority #2 - $9.6M) • Mound Visions redevelopment project started nearly 20 years ago. • Core Principal of Mound Visions: - Reorient downtown toward its greatest natural asset — Lake Minntonka - Establish downtown as a regional, multi -modal transportation hub linking boats, trains, bicycles, pedestrians, buses and vehicles - Make downtown a model for innovative sustainable design - Establish a traditional downtown character built around great public spaces and high quality private development - Create a mixed -use development pattern with street -level retail and office or housing above - Incorporate a diversity of lifecycle housing - Provide shared, structured district parking • Estimated local investment including broader downtown Mound redevelopment and related effforts is estimated at $25M (Le., infrastructure, stormwater, roads, lighting, streeiscaping, acquisition, construction projects etc. 1999 —present). • 12+ agency partners and coordinating agencies. • $7M grant funding and financial assistance. • Mound Harbor Rennaisannce (MHR) Contract for Private Redevelopment with Mound HRA was adopted in 2005. Funding source /amounts: Mound Housing and Redevelopment Authority (HRA) $17M (TIF) Contract for Private Redevelopment with MHR (2005) (Lost Lake /Auditor's Road /Langdon Districts) Mound Harbor Renaissance (MHR), developer Contract for Private Redevelopment with HR,4 (2005 $ project (Lost Lake /Auditor's Road /Langdon Districts) ) $40-5 -SOM improvements -1066- • AUAR for Mound Visions /MHR plan(s) undertaken in 2004 -2005. • Mound's redevelopment activities and stormwater enhancement strategies are in cooperation with the Minnehaha Creek Watershed District and are are being viewed by many as a "model" for unique and innovative stormwater treatment and are already being used as demonstration site(s). • The Mound Visions and downtown Mound redevelopment project will be over $200 million of investment upon full build -out. • Mound is at the threshold of creating what will truly be a model transit - oriented district of multi -modal connections, compact development and environmental restoration. • The relocation of CSAH 15 through Mound improved traffic flows and facilitated land assembly for the redevelopement. • The re- dredge of a historic channel and development of the public pier facilitated boat access to the new downtown. • A former municipal dump was remediated in the Lost Lake District, mitigating high phosphorus run -off into Lake Minnetonka. • The new Dakota Regional Trail, which passes through the new downtown, is being reserved as a future light rail corridor. • The newly developed Mound Transit Center, with 224 spaces of public parking, acts as a trail head to the Dakota Regional Trail. 2 1067- 10 lie Downtown Mound, c.1925 L{% For nearly twenty years, the community of Mound, Minnesota with a population of 10,000, has been moving closer to realizing an aggressive vision for redevelopment of their small downtown. The Mound Vision Plan, which was established in 1991, is based on the creation of transit - oriented, mixed -use districts which will serve as a hub of commerce, living and recreation. Since the effort's inception, the Mound community has demonstrated incredible financial commitment, political will and patience to revitalize this once declining downtown. Today, after redesiojnincj and rebuilding much of its downtown, not creat�n what will truly be WWI OAMW of multi -modal connections, compact development pment and environmental restoration. Core Principles of Mound Visions Re- orient downtown toward its greatest natural asset - Lake Minnetonka. n Establish downtown as a regional multi -modal transportation hub linking boats, trains, bicycles, pedestrians, buses and autos. » Make downtown a model for innovative sustainable design. u Establish a traditional downtown character built around great public spaces and high - quality private development. • Create a mixed -use development pattern with street -level retail and office or housing above. • Incorporate a diversity of lifecycle housing. • Provide shared, structured district parking. 1.: v, ti;i�,, r � AL a- - C17Y OF MOUND t , t I'LL -1070- Priority #2 Trail and ecological linkage of the new Dakota t Regional Trail from downtown Mound to Lake a ' Minnetonka: $9.6 million t�I GUS » Land (fee title or easement) acquisition F4 °gyp » Demolition and brownfield cleanup » Lost Lake trail and corridor amenity construction and lakeshore restoration (topography and habitat) Mlnnotv'gkt' ' Excursion boat landing construction at ea Mound Bay Park Lakeside trailhead construction at Gillespie Center » Rubber -tire street car aquisition -1070- 1999:: Dedication of s: 1990 'MaundU�sions :> � revitalization; program neW Main Street r begins 2002: Mound Marketplace mixed -use development opens Investments: Partnered with over a dozen agencies Recognized as sustainable development model Over $7 million in grant funding to date » Over $25 million in public investment to date Has leveraged over $60 million in private investment to date » Over $200 million investment upon full project build -out -1071- Mound Visions Funding Request Spring 2009 CONGRESSMAN ERIK PAULSEN (MN -03) , Transportation Request Form 2 SAFETEA -LU Reauthorization DRAFT Overview: Under current law, the U.S. Department of Transportation, States, Metropolitan Planning Organizations, and public transit agencies are responsible for the vast majority of surface transportation investment decisions. Although the current Federal- state -local partnership has served highway and transit systems well, not all communities are treated equally in the decision - making process. To complement the work done by these agencies, a small percentage of the overall investment of the authorization bill will be available for High Priority Projects. To ensure that projects that receive funding in this surface transportation authorization act result in tangible transportation and safety benefits, the House Transportation and Infrastructure Committee has adopted the following principles for High Priority Projects: ■ All projects are required to meet eligibility criteria under Title 23 (Highways) or Chapter 53 of Title 49 (Public Transit). o More information on what constitutes a Highway project can be found at http: / /www4. law. cornell .edu /uscode /html /uscode49 /usc sec 49 00005302 - - -- 000 -. html o More information on what constitutes a Public Transit project can be found at hlt2://v;ww4.law.comell.edu/uscode/htrnl/uscode49/usc sec 49 00005302--- - 000 -.html • At least 80 percent of the total cost of the phase or segment of the project must be identified. This can be a combination of the amount requested and other specifically designated Federal, state, local or private funding sources. • At least one letter of support for the project from the state Department of Transportation or local government must be submitted. The letter must identify the funding sources that may be used to advance the project and specify the process that will be followed to provide an opportunity for public comment. Instructions: Please complete this form and submit it to the attention of Desiree Westby at Paulsen reauests (cD-mai1.house.ctov by Friday, April 24, 2009. All fields are required. Only requests submitted electronically will be considered. Due to the short time frame, we cannot guarantee the full consideration of anv incomalete reauests or requests _submitted afti Should you have any questions, please do not hesitate to contact Desiree Westby at Desiree.WestbyCaD- mail. house. gov or 202 - 225 -2871. Page 1 of 8 Mound Visions Funding Request GENERAL INFORMATION Project Title: Mound Visions Funding Request Sponsor Name: City of Mound, Minnesota Sponsor Address: 5341 Maywood Road, Mound, MN 55364 Main Point of Contact for Request: Kandis Hanson, City Manager Phone Number: 952.472.0609 Email Address: Kandishanson @cityofmound.com Cell Phone /After -Hours Number: 952.240.5244 Spring 2009 Alternate Point of Contact for Request: Sarah Smith, Community Development Director Phone Number: 952.472.0604 Email Address: Sarahsmith @cityofmound.com Cell Phone /After -Hours Number: 612.723.8383 Additional Contact Information (D.C. contact, if applicable): Emily Gehrman LOCKRIDGE GRINDAL NAUEN P.L.L.P. Federal Relations Group 415 2nd St NE, Suite 210 Washington, DC 20002 (202) 544 -9840 (202) 544 -9850 (fax) Website: www.locklaw.com Email: ejgehrman @locklaw.com PROJECT TYPE Please check ONE of the following by double - clicking the box and selecting "Checked" under the Default value heading; and answer the corresponding questions. ® Highway - Please list one of the following project categories: Highway, Road, Bridge, Tunnel, Bicycle /Pedestrian, Technology, Ferry Boat, Intermodal Freight Facility, or Other: Highway - Is the project located on a Federal -aid highway (Yes /No)? No o If yes, is the project located on the National Highway System (Yes /No)? Page 2 of 8 Mound Visions Funding Request Spring 2009 ■ If yes, is the project located on the Interstate System (Yes /No)? ❑ Transit (Does not include school bus, charter bus, intercity passenger rail, high -speed rail, or private rail operations). Please list one of the following project categories: Passenger Vehicles, Transit Facilities, Transit Rights -of -Way, or Transit Equipment: - Is the project a NEW Start (seeking more than $75 million in Federal funds) or a SMALL Start Project (seeking less than $75 million in Federal funds)? ❑ Rail (Does not include commuter rail projects. Funds for commuter rail projects should be requested under Transit). - Is the project located in one of the eleven previously designated corridors (Yes /No)? - Please indicate whether the project is Class I, II or III Freight Rail ❑ Research - Is the project located at a University Transportation Center (Yes /No)? PROJECT INFORMATION 1. Is this project located in Minnesota's Third Congressional District (MN -03)) (Yes /No)? Yes a. If no, please indicate the Congressional District(s) in which the project is located: 2. Are you submitting this project to other Members of Congress (House or Senate) for consideration? If so, please list them below. Yes United States Senator Amy Klobuchar (Minnesota) and any 2nd seated United States Senator 3. Did the Federal Highway Administration, Federal Transit Administration, Minnesota Department of Transportation, or public transit agency confirm that the project is eligible under Title 23 (Highways) or Chapter 53 of Title 49 (Public Transit) (Yes /No)? No a. If yes, please list the confirming agency and contact (name, position, and phone number) below. b. If yes, please indicate whether it is eligible under Title 23 (Highways), Chapter 53 of Title 49 (Public Transit), or both. 4. Please identify the state, regional, or local government entity that is an eligible recipient of the funds (i.e., MnDOT, Capitol Region Council of Governments, Transit Agency, County, City). Local: City of Mound, MN Page 3 of 8 Mound Visions Funding Request Spring 2009 5. Project description. The project description should include the specific terminus points of the project or activity. Activities include: construct, plan, design, engineer, conduct environmental review, acquire right -of -way, conduct alternative analysis, research, develop, demonstrate, deploy, reconstruct, rehabilitate, replace, retrofit, install, mitigate, implement, realign. Please describe the project below: Mound's funding request revolves around two (2) efforts including completion of the remaining infrastructure necessary for our transit - oriented redevelopment trail and ecological linkage of the new Dakota Regional Trail to Lake Minnetonka. A. Construction of district parking structure — final phase Detailed costs breakdown is as follows: $ 2, 000, 000 construction 280, 000 engineering /admin 456,000 contingency Notes: Title 23 eligible $1,135,000 in grant funds awarded for this project No clean -up costs included in these numbers B. Lakeside trailhead construction at Gillespie Center Detailed costs breakdown is as fol lows: $ 500,000 acquisition /demolition 100,000 acquisition contingency 400,000 construction 56,000 engineering /admin 91,000 construction /admin contingency Notes: Title 23 eligible. No clean -up costs included in these numbers Priority # 2: A. Completion of the remaining public infrastructure necessary for Mound's transit - oriented downtown redevelopment: • Land acquisition • Demolition • Marketplace multi -use corridor construction • Lake Langdon lakeshore restoration (topography and habitat) • Lake Langdon trail and corridor amenity construction • Rehabilitation of historic wellhouse as Dakota Regional Trail restroom facility • Installation of rainwater reuse system • Installation of wayfinding signage system Page 4 of 8 Mound Visions Funding Request Spring 2009 B. Trail and ecological linkage of the new Dakota Regional Trail from downtown Mound to Lake Minnetonka: • Land (fee -title or easement) acquisition • Demolition • Lost Lake lakeshore restoration (topography and habitat) • Lost Lake trail and corridor amenity construction • Excursion boat landing construction at Mound Bay Park • Rubber -tired streetcar acquisition 6. If you are requesting funding for a specific segment or activity, please describe the overall project and indicate the total estimated cost of the overall project. Please limit your response to 500 characters. Refer to response provided in Question 5 above. 7. Is the project included in the State's Long -Range Transportation Plan (Yes /No)? No a. If yes, please provide the date of approval and the title of the plan. 8. Is the project included in the Metropolitan Transportation Improvement Program (TIP) and /or State Transportation Improvement Program (STIP) (Yes /No)? No a. If yes, please provide the date(s) of approval and the title(s) of the plan(s). 9. If the project is an intercity passenger rail project, is it included in the State Rail Plan (Yes /No)? No a. If yes, please provide the date on which the Governor approved the plan and the title of the plan. 10. Please describe the current status of the project and the expected schedule for its completion. a. For Highways projects, select one of the following: In Planning, In Environmental Review, In Final Design, In Right -of -Way Acquisition, Under Construction. Under Construction b. For Transit projects, select one of the following: In Planning, In Alternatives Analysis, In Preliminary Engineering, In Final Design, Under Construction or Procurement. c. For Rail projects, select one of the following: In Planning, In Environmental Review, In Preliminary Engineering, In Design, Under Construction. d. For Research projects, select one of the following: Under Research, Under Development, Under Demonstration, Under Deployment. e. When is the project expected to be completed? Priority #1 - 2013; Priority #2 - 2016 Page 5 of 8 Mound Visions Funding Request Spring 2009 f. Please provide any additional information below: N/A 11. Is a letter of support from a state, regional, or local governmental official included with the submission of this form (Yes /No)? Yes This letter should discuss the merits of the project; specify the process to provide the public with an opportunity to comment on the project; and identify the other sources of Federal, state, or private funding that will be used to complete this project or project phase. At least 80 percent of the total cost of the phase or segment of the project must be identified. This can be a combination of the amount requested and other specifically designated Federal, state, local or private funding sources. Please use boldface font to highlight these statements in the letter. 12. Does the project have regional or national significance (Yes /No)? Yes a. If yes, please describe its significance below. Please limit your response to 500 characters. The project will create pedestrian and bicycle links between the Dakota Regional Trail and future Light Rail Transit (LRT) corridor, residential neighborhoods and the public shores of Lake Minnetonka. With one other short segment yet to be built, the Dakota Regional Trail will soon connect downtown Mound with downtown Minneapolis. The project will extend the pedestrian and bicycle reach of the regional trail. 13. Describe the safety, economic development, mobility, and environmental benefits associated with completion of the project. a. Safety Benefits. Please limit your response to 500 characters. The project will create pedestrian and bicycle trails where no or unsafe pedestrian facilities exists today. The project will create a public restroom / concession facility along a regional trail. b. Economic Development Benefits. Please limit your response to 500 characters. Funding for our public redevelopment, infrastructure and transportation projects will help strengthen the tax base, create job opportunities, stimulate the economy and encourage private reinvestment. The project will also create critical public infrastructure and amenities for planned downtown redevelopment. c. Mobility Benefits. Please limit your response to 500 characters. The project will interlink (pedestrian and bicycle) an express bus route, a regional trail, residential neighborhoods, a public park and natural open spaces. The project will also establish a multi -modal hub for bicycles, pedestrians, boats, buses and automobiles. d. Environmental Benefits. Please limit your response to 500 characters. The project will reuse and clean up blighted and contaminated properties. The project will also restore lakeshore habitat. Page 6 of 8 Mound Visions Funding Request Spring 2009 PROJECT FUNDING 3. What is the request as a percentage of the total estimated cost? 80% 4. Please specify all other funding sources designated for this project by source and amount: Source Amount Please refer to information provided in Question 6 below 5. Has the project previously received any Federal funding (Yes /No)? Yes Previous Surface Transportation Funding. If applicable, please specify the Section, Project Number, Amount of Funding, and Amount Obligated under the respective surface transportation act(s). Yes - $1,460,000 in ISTEA funding was provided in 1999 for reestablishment of the historic Lost Lake Channel (TEAF 2797 (028) and construction of the Greenway Trail (TEAR 2700 (028) in the Lost Lake area of Mound's downtown redevelopment project area(s). a. Previous Appropriations Funding. If applicable, please specify the Public Law Name, Public Law Number, Section, Project Number, Amount of Funding, and Amount Obligated under the respective appropriations act(s). N/A b. Previous Other Federal Funding. If applicable, please specify the Public Law Name, Public Law Number, Section, Project Number, Amount of Funding, and Amount Obligated under the respective legislation. N/A 6. Has the project received any prior funding from a State, local, or private source (Yes /No)? Yes a. If yes, please specify the Source, Amount of Funding, and Amount Obligated. See Below: Mound Housing and Redevelopment Authority (HRA) $17M (TIF) Contract for Private Redevelopment with MHR (2005) (Lost Lake /Auditor's Road/ Langdon Districts) Mound Harbor Renaissance (MHR), developer $13M; project; Contract for Private Redevelopment with HRA (2005) $40 -50M improvements (Lost Lake /Auditor's Road/ Langdon Districts) Page 7 of 8 Mound Visions Funding Request Spring 2009 Agency grants and funding assistance $ 7 M Additional local investment (1999 - present) $ 25M (estimate) (i.e. infrastructure, stormwater, roads, lighting, streetscaping, acquisition, construction projects, etc.) Notes: • Funding sources referenced above have been used for the broader downtown redevelopment effort; not just the specific projects being requested for funding in this application. The Mound Visions and downtown Mound redevelopment project will be over $200 million of investment upon full build -out. SHORT DESCRIPTION Please provide the proposed legislative text (in no more than 250 characters) of the project as you would like it to appear in the bill. The request from the City of Mound, Minnesota for federal funds to construct and complete the remaining infrastructure necessary for its transit- oriented redevelopment and trail and ecological linkage of the new Dakota Regional Trail to Lake Minnetonka is hereby included in the Transportation Reauthorization Bill. Note: The project line items carry the force of law, and can only be amended through subsequent public laws. Recommended language includes: construct, plan, design, engineer, conduct environmental review, acquire right -of -way, conduct alternative analysis, research, develop, demonstrate, deploy, reconstruct, rehabilitate, replace, retrofit, install, mitigate, implement, realign. Page 8 of 8 1�1 TO: Mayor and Council Members FROM: Jim Fackler, Park DATE: May 6, 2009 RE: Stair Replacement Dreamwood Commons, Gull Lane In February, 2009, a request was made to the council to replace the stairway on Gull Lane that accesses Dreamwood Commons. Council directed staff to look at repairing the existing steps verses replacing them. • On March 27, 2009, I met with Barry Lund and Scott Geisinger from the League of Minnesota Cities to assess the existing stairway. They observed exposed nail heads on the handrails and stair treads, loose top rail at the bottom of the stair case, weathered and decaying wood, and a cracked wood on stair tread. The League of Minnesota Cities recommends bringing the stairway up to code to reduce the potential of injuries. • City staff made immediate repairs noted in the League's letter (attached) to items No. 1 and No. 2, and since receiving the letter addressed No. 4 by replacing the step. No. 3 refers to the entire stairway in general. The League of Minnesota Cities recommends bringing this stairway up to code, which it currently is not. Based on the Leagues key conclusion, staff recommends replacement of the stairway to meet current code. Attached is a quote from Willette Building Company in the amount of $2,128.00 for stairway repair. Please review this repair which leaves the lower stairway support structure, which is 15+ years old, and replaces the treads, railings and platform. The cost to replace the lower stairway structure per a phone quote from Willette Building Company would be an additional $3,800.00. Staff recommends replacing the entire structure at a cost of approximately $5,928.00. -1072- b MULETTE BUILDING comPANy "Willette's the People with Ideas" • Office Address: 6074 County Rd Maple Plain, MN 55364 MAILING ADDRESS: P.O. Box 85, Mound, MN. 55364 Cell- 612- 210 -4480 Office- 763 - 479 -6148 - Fax 763 -479 -6168 License # 1804 City of Mound 5341 Maywood Road Mound, MN 55364 Attention : Jim Fackler April 28, 2009 Re: Gull .Lane. Stair repair to. the lake/ replace. 40 treads/ 2 railings 25 feet /2 railings 9 feet and 4x4 platform We propose to use green treated lumber to: - Remove all existing stair and platform treads and install new 2x 12 treads to existing horses or stringers - Remove all existing railings by cutting off the existing 3x3 posts even with the top of existing stair horses or stringers. The remainder or lower portion of the post will support the stair system -Re- enforce the splices or joints of the existing stair horses or stringers - Install new gripable handrails on both sides of the stairs at 36 inches off the front or nose of new stair treads which will be mounted on new vertical 2x4's that are bolted to the existing stair horses or stringers - Install new platform railings with all new vertical members installed with 4 inch spacing or less. The hei t of new railings is to be 36 inches above the existing platform gh -Clean up the work site and haul away all debris. -The cost of the building permit is EXCLUDED from our bid Our bid for this scope of work is $2,128.00 Thank you for c jo�n�side�rm us fo this work, W, G�-' David W. Willette -1073- • o� Lea cvE of MINNESOTA CITIES March 27, 2009 Kandis Hanson City Manager City of Mound 5341 Maywood Road Mound, MN 55364 CONNECTING &INNOVATING SINCE 1913 Regarding: Assessment of Wood Staircase on March 17, 2009. Dear Ms. Hanson: .Q� On the above date, Scott Gesinger, Loss Control Research and Development Coordinator, and I met with Jim Fackler, Parks Superintendent, to perform a loss control survey of the wood staircase located by the docks. This meeting was in conjunction with your participation in the League of Minnesota Cities Insurance Trust workers' compensation and property /casualty insurance program. Discussion: Mr. Fackler provided Scott and me some background information on the staircase. According to Jim, a city employee built the staircase approximately eighteen years ago and the city is responsible for repair and maintenance. Jim also informed us about concerns made by citizens of Mound regarding the safety of the staircase. After our discussion, we reviewed the condition of the staircase We made the following observations: 1. Exposed nail heads on handrails and stair treads (See photo 1). 2. Loose top rail at the bottom of the staircase (See photo 2). 3. Weathered and decaying wood (See photo 3). 4. Cracked wood on stair tread (See photo 4). Key Conclusions: The best option to reduce the potential of injuries is to bring the staircase up to code. • LEAGUE � OF MINNESOTA CITIES . INSURANCE TRUST 222 SOUTH 9TH ST., SUITE 1300 PHONE: (612) 766-3000 FAx (612) 766 -3199 LOSS CONTROL FIELD SERVICES. MINNEAPOLIS. MN 55402 -3332 TOLL FREE: (800) 449 -7707 WEB: WWW.LMC.ORG -1074- City of Mound March 27, 2009 Page 2 of 3 Service Plan If you or any of your staff have, safety related questions between now and my next visit, please contact me. Sincerely, 1�/ � a Barry Lund, MS, BS Loss Control Consultant Phone 612 -766 -3169 Email blund&berkleyrisk.com c: Arthur J Gallagher Risk Management Services Inc. 11010 Prairie Lakes Dr. #350 Eden Prairie, MN 55344 Jim Fackler City of Mound 5341 Maywood Road Mound, MN 55364 (See Photos on next page) Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance • program referenced above, They are not made for the purpose of complying with the requirements of any law, rule or regulation, We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. -1075- 10 I• City of Mound March 27, 2009 Page 3 of 3 Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. —1076— February 10, 2009 MEMORANDUM TO: . Mayor & Council Members FROM: Jim Fackler, Park SUBJECT: Stair Replacement Dreamwood Comm , Gull Lane. 5341 MAYWOOD ROAD • MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com Staff is requesting that the funds approved in the 2009 Budget for Stair Replacement at Gull Lane (Line Item 45210 -525) be released to be spent for an installation this spring. The current stairway is of wood construction and was installed about 20 years ago and is showing wear (Please see attached photos). This request is based on the Mound City Council policy that directs Staff to request any expenditure from the existing Dock Fund Budget be brought back to them for their final approval Construction of previous stairways have been done without site specific Engineered Drawings as a way to save money. The stairways are constructed in accordance to the Block Manufactures Engineered Standard for Installation. Based on this approach, it is important to have a contractor that the City is familiar with do the work. Currently Staff has an estimate of $10,678.00 from Concept Landscaping, which is a local contractor and is under the budgeted estimate of $12,000.00. Concept Landscaping has done a few of the Cities current stairways and have shown to install an excellent stairway. They also have provided great follow up on repairs if need be. Minn. Stat. 471.345 the Uniform Municipal Contracting Law for contracts of $25,000 or less -open market quotations (with at least two contract quotations if practicable). rwyded -1077- 0 10 � ]l MEMORANDUM TO: Mayor and City Council FROM: Jim Fackler, Park Superintendent DATE: May 6, 2009 RE: Fee Waiver Request for Rental of Depot by Fish Camp! The Mayor and City Council received a letter from Dan Jasper, owner of Fish Camp! regarding using the Mound Bay Park Depot for a fish camp for children. He is requesting the City waive the rental fee of $100.00 per day for the following rental dates: June 10, June 24, July 1, July 14 and July 29. Staff is recommending denial of this request for waiver of fees as this is a for -profit business. 1:1 2009correspondence /5- 6- 09fteampletter Fish Camp! Interactive day camp that teaches kids the basics of fishing and boating 952.220.4954 • April 290, 2009 The Honorable Greg Skinner Mound City Council 5341 Maywood Road Mound, MN 55364 Dear Council Member Greg Skinner: I am writing to you today, as suggested by the City Manager, Kandis Hanson. I am a new small business owner in the Mound area starting a fish camp for children that teaches them the basics of fishing and boating through interactive instruction. I left my long -time job at a large corporation to pursue my dream of a fishing camp and am using my life savings to start this venture. The class includes 4 hours of hands on instruction teaching the basics from how to rig a fishing line, identify and handle fish to boating and water safety. Class room portion of the camp requires some inside instruction and a space outside for practicing. I have looked at the Depot in the Mound Park and think it would be a great place to hold these events. The classes are small, only 8 to 10 students per class, and I plan to conduct the classes on five different days throughout the summer. To help get this venture successfully off the ground and make the camp more affordable for families, I am requesting that the usage fee for the Depot be waived. I believe this is a great opportunity to get our youth involved in outdoor activities and teach them the proper way to use the great resources of Lake Minnetonka. At the same time this will help generate revenue to the city through parents and children out and about in downtown Mound, create a positive youth activity for Mound residents and help a local business owner. In addition, Fish Camp! would be a great advertisement on the City of Mound's web page demonstrating the City of Mound's involvement and support to our youth and environment. As well, I would like to advertise your support by including the City of Mound's logo on the Fish Camp! banner that will be present at each event. I invite you to view my website for more information at www.ja=rservices.com I appreciate your consideration. If you have any questions, please contact me directly at 952- 220 -4954. I look forward to hearing from you and the entire Mound City Council. Sincerely, Dan Jasper -1081- *I 16 UepoL nenhdl tiYl cC„ICUL City of Mound 5341.Maywood Road, Mound, MN 55364 Phone 472 - 0600, Fax 472 -0620 le) iv a 2.y ORGANIZATION: js DATE OF USE: Jul It / a•. 1 RENTER'S NAME: ^� `_ FEE: $ The renter must be 25 years or older. ADDRESS:S� �', RECEIPT #: PHONE: (H) 5t -210 X195 ( DEPOSIT: DEPOT TO BE USED FOR: KEY #: TeAd� �-j iAti Kids ' i +r/5' -- A-vd } DATE KEY RETURNED: THE UNDERSIGNED AGREES TO OBSERVE ALL CITY ORDINANCE AND STATE LAWS AND IS RESPONSIBLE FOR ANY DAMAGE DONE TO THE ABOVE PUBLIC FACILITY, AND FOR PROPERTY CLEAN -UP OF THE BUILDING AND SURROUNDING GROUNDS AS DESCRIBED IN THE RENTAL POLICY. RENTER AGREES TO PICK UP DEPOT KEY PRIOR TO THE RENTAL DATE SUMMER HOURS (Day light savings time to Labor Day) WINTER HOURS 7:30 A.M. - 5:00 P.M. MONDAY THROUGH THURSDAY 8:00 A.M. - 4:30 P.M. MONDAY THROUGH FRIDAY 7:30 A.M. - 11:30 A.M. FRIDAY ALL TABLES AND CHAIRS MUST REMAIN IN THE DEPOT BUILDING DEPOT RENTAL AGREEMENT RESERVES THE DEPOT DECK AND BUILDING ONLY (DOES NOT INCLUDE DOCK, PARKING LOT AND OTHER PARK FACILITIES NO LIQUOR IS ALLOWED IN ANY OF THE CITY PARKS OR BUILDINGS YOU MUST TAKE YOUR GARBAGE WITH YOU WHEN YOU LEAVE THE MOUND DEPOT DOES NOT HAVE HOT WATER NO SMOKING ALLOWED IN THE BUILDING RENTER1 SIGNATURE DATE DATE OF INSPECTION: APPROVED BY: REASON FOR NOT RETURNING DEPOSIT: DATE DEPOSIT RETURNED/RECEIVED: Rental Fees: $3 50.00 Check DAMAGE AND CLEAN -UP DEPOSIT. Your deposit check and cash will be held by the City of Mound and $ 50.00 Cash returned to you after inspection of the Depot by the Parks Director. $200.00 per day NON -MOUND RESIDENTS for private use, parties, reception, showers, etc. $100.00 per day Mound Residents for private use, parties, receptions, showers, etc. Free MOUND WESTONKA COMMUNITY CIVIC AND NON- PROFIT CHARITABLE Donations ORGANIZATIONS (provided clean -up is made after the meeting) such as, but not limited to the • Following: Jaycees, K.C.'s, Lions, Rotary, Sewing Guild, Garden Clubs, Westonka Chamber, Churches. Note One day is considered 7:00 a.m. to Midnight. Cancellation: $50.00 of the rental fee will be refunded if a reservation is canceled with less then 30 day notice -1082- 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM 0 � To: Honorable Mayor and City Council From: Sarah Smith, Comm. Development Director Date: May 5, 2009 Re: Avon Drive Motion for Summary Judgment Dated February 11, 2009 — Appeal Period Expiration Summary. Members of the City Council are advised that Staff was notified by Senior Land Use Attorney Paul Merwin of the League of Minnesota Cities (LMC) on April 24, 2009 that the appeal period for the Avon Drive motion for summary judgment related to the City's approval of a variance (Linkert) has expired and no appeal was filed. 01 • -1083- 5341 Maywood Road • Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Comm. Development Director Date: May 5, 2009 Re: DNR Press Release — Preliminary Draft of the Shoreland Rule Update Summary. Staff received email notification from DNR Staff on April 28, 2009 regarding the Preliminary Draft of the proposed shoreland rules update. A copy of the DNR Press Release dated May 4, 2009 regarding the Preliminary Draft has been has been included. Additionally, provided below is an excerpt from the DNR email notification which gives an overview of the project and upcoming review process: The Preliminary Draft is a working document that will continue to be refined, in preparation of the Notice of Hearing to Adopt Rules that is expected to be published this summer. Public comment on the Preliminary Draft is welcome. Please note formal comments "on the record" will be accepted • during the formal public hearing stage expected later this year. When available, updated drafts will be posted on the Shoreland Rules Update Project web site as will future announcements pertaining to the rulemaking process. • UPDATE �e1 =M Creating Standards for Lake and River Conservation News Release: DNR releases preliminary draft of updated shoreland rules (May 4, 2009) • The Minnesota Department of Natural Resources (DNR) has released a preliminary draft of the updated shoreland rules. This is the next step of a project, which started in January 2008. The draft is at http: / /mndnr.gov /waters /shoreland.htmi. "We've had an open and engaging process, with lots of public input and oversight," said Kent Lokkesmoe, director of the DNR Division of Waters. "The preliminary draft reflects key resource values, and is adaptable to a variety of local issues and needs, based on • development trends." The proposed standards include, but are not limited to: better water quality standards achieved by improved rainwater runoff management; increased drainfield setbacks, and higher shoreline buffer standards for new development; greater protections for vulnerable areas (e.g. sensitive lakeshore, trout streams, bluffs); and improved standards for planned unit developments. Other updated standards include specific resort standards allowing for expansion and improvements while addressing water quality and habitat concerns; higher standards for new development and new lots (e.g. impervious surface, open space, shoreline buffers); advanced subdivision controls, including promotion of conservation subdivisions and other creative developments over conventional (lot and block) subdivisions; and revisions that allow for more options for local government implementation. The preliminary draft also shows how general elements of the wild and scenic rules may be incorporated into the shoreland standards. y� yy y 3,13� F t c f4 y t i> r � E sp f -1085- 0 nreeRivers PARK DISTRICT April 29, 2009 FOR IMMEDIATE RELEASE Contact: Tom Knisely Media Relations Specialist 763/694 - 7617 tkn isely(a)th reeriverspa rkd istri ct. org NEW CONSTRUCTION CARVER PARK RESERVE Three Rivers Park District will begin construction in June of an 1.7 miles of multi -use paved trail within Carver Park Reserve that will provide an expanded closed -loop paved trail system on Carver's east side. It also will allow for better circulation between Lowry Nature Center and the Zumbra Group Camp. •In addition to the new trail, a pedestrian tunnel will be constructed under County Road 11. This tunnel, located near the entrance to the Lake Auburn Campground, will provide for the safe pedestrian crossing of County Road 11 and will allow campground visitors to safely access amenities on both the east and west sides of Carver Park. Construction of the pedestrian tunnel will require a temporary closure of County Road 11. Detour signage will be posted. Construction will also necessitate weekday closure of Lake Zumbra Group Camp and the paved trails east of County Road 11. The group camp and closed trail sections will be open on weekends. Lowry Nature Center, Lake Auburn Campground, and the dog off -leash area will remain open. Construction is expected to be completed in November 2009. Three Rivers Park District has applied for a Minnehaha Creek Watershed District permit for the projects. For more detailed information, please visit http: // www.threeriversparkdistrict.org /parks /construction.cfm. About Three Rivers Park District Three Rivers Park District is a natural resources -based park system that manages park reserves, regional parks, regional trails and special -use facilities in the Twin Cities metropolitan area. The Park District offers facilities for every season, including picnicking, swimming, creative play, boating, fishing, downhill skiing, snowboarding, golf, camping and sledding; extensive trails for hiking, biking, in -line skating, horseback riding, cross - country skiing and snowshoeing, as well as program sites for nature, recreation, historic and farm education. is Three Rivers Park District's mission is to promote environmental stewardship through recreation and education in a natural resources -based park system. The Park District owns and operates over 27,000 acres and serves more than 5 million visitors a year. 1:. MESSAGES FOR YOU... Hello Everyone, Hope you all are enjoying the warm weather. I've golfed a few times and just was very thankful to be outside. Also, thankful for all my good friends at the Gillespie Center. We have had so many nice programs and nice things happening. It just warms my heart to see the Meisel Room (now known as the Recreation Room) come around and take shape, thanks to Gerry Smith, his crew and Don McCarville, the Committee Chair. As you are reading this I'm sure the next stage for the reformation downstairs is taking place. I'm excited to see the next step... unbelievable vision and it's working! I would just like to say our quilters are working fast and fearlessly on getting a 1930's quilt done for raffle at the May 9th Tea and Fashion Show. Some of the fabric was given to the quitters by Gayle Grady, my mother, Pauline Payne, and without enough vintage fabric, we have Shelley Lindberg's and Jackie Greenslit's reproduction fabric. Our quitters are pulling together to pull this one off, crossing our fingers that we get this done in time. Pray for us please! We certainly would love to have people come and join us in quilting. If you have a project going, just bring it and we can all support each other in completing our projects. Also, we are looking at a different time for the Quilters Group to meet. We are thinking of Thursday afternoons. This will be posted later. Meanwhile, if you have an interest please call me at 952 - 472 -6656. Beading /Jewelry Making class has been real fun and I have seen some very beautiful items made. We will re- sume beading this -fall. So, look for upcoming information and come join us for beading class. ' Reminder, the Advisory Board /Membership meeting is the first Tuesday of each month. We try to have enter- tainment before lunch or right after lunch. Come enjoy the fun and stay for the meeting. The meeting is meant to be informative and a time for members to ask questions or make suggestions. We welcome your thoughts and ideas. Please come join us! Advisory Board Chair, Beverly (Jones) Mierzejewski Some ideas about our world today Most of us are too busy grieving the losses we are Suffering to rejoice in the gifts we are given. Grief is a natural reaction to loss. The key though is to acknowledge the grief, but stay out of the fear that accompanies it. In these days of change, it is important to stay focused on what is important to us. This is individual to each of us, but there are some themes. These themes are authenticity, simplicity, and community. These ar� the things we have all longed for in some fashion. Ou longing is part of what started the changes in the first place. Katherine Harwig -1087- mm� •I • N.), 5341 Maywood Road Mound, MN 55364 (952) 472 -0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Comm. Development Director Date: May 12, 2009 Re: TIF Five Year Rule Legislation — Update Summary. Staff received an update concerning the status of Mound's TIF legislation from the City Attorney earlier today which is summarized as follows: First, as the Council is aware, in both the House and the Senate, Mound's bills were laid over for inclusion in a general amendment to the statute that would extend the 5 -year rule. The House was looking at a 3 -year extension and the Senate was looking at a 5 -year extension. The Conference Committee has been splitting up the provisions contained in the House and Senate bills and repackaging them into a series of bills that are then handled separately. The tax increment information has not yet been packaged, but we understand that the Conference Committee will be taking those provisions up shortly. We hope to learn more about the status soon. It is important to mention that the tax increment provisions were not in the bill that was vetoed last week. Staff also contacted Senator Olson and Representative Smith last Friday for an update and also spoke with Senator's Olson's administrative aide on 5/11 regarding same. 5/12 City Council Agenda Add -On Item "Miscellaneous /Correspondence"