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2012-06-12 CC Agenda PacketPLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA ...................... _ _ ................... _ _ __ _ _ ............................. _ ........_.. MOUND CITY COUNCIL TUESDAY, JUNE 12, 2012 - 7:00 PM REGULAR MEETING M CITY CO CHA MBERS * Consent A ee nda Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Page Open meeting 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. *Consent Agenda *A. Approve payment of claims 1370 -1396 *B. Approve minutes: May 22, 2012 regular meeting 1397 -1401 May 29, 2012 special meeting 1402 *C. Approve Resolution Approving a Public Lands Alteration Permit for 1403 -1405 William C. Dahlen to Remove Sumac and Brush from Devon Common *D. Approve Banner Permit for Surfside Sand Volleyball Tournament for 1406 -1408 Mound Centennial *E Approve 3- year Extension of Agreement for Professional Services, 1409 -1420 Consulting City Engineering Services, Bolton & Menk, Inc. *F. Approve Pay Request No. 3 from Minncomm Utility Construction Company 1421 -1422 in the amount of $24,649.41 for work completed on the Island View Dr. — Windsor Rd. Watermain Loop Improvement Project, City Project No. PW -12 -0 *G. Approve Pay Request No. 1 from GHM Asphalt Corporation in the amount 1423 -1424 of $221,161.22 for work completed on the 2012 Street, Utility, Lift Station and Retaining Wall Improvement Project, City Project Nos. PW- 12 -01, PW — 12 -03, PW -12 -04 *H. Approve Resolution Authorizing the 2012 Seal Coat and Crack Sealing 1425 -1426 Projects, (PW- 12 -06) and Directing Staff to Receive Quotes for this Project 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker) PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 6. Public Hearing Conditional Use Permit for proposed animal clinic/hospital use and to allow site 1427 -1459 modifications at Mound MarketPlace at 2125 Commerce Boulevard. Applicants: Craig and Jackie Piepkorn ( Westonka Animal Hospital) Action on Resolution Granting Approval of a Conditional Use Permit to Allow Westonka Animal Hospital and Site Modifications to Mound MarketPlace Shopping Center 7. Jeff Johnson, County Commissioner, addressing the City Council 8. Mark Ruff, Ehlers & Associates, presenting the results of the bond sale and requesting approval of the following: A. Resolution Accepting Proposal on the Sale of $4,860,000 General 1460 -1500 Obligation Bonds, Series 2012A, Providing for their Issuance and Pledging for the Security Thereof Special Assessments and Net Revenues and Levying a Tax for the Payment Thereof B. Resolution Accepting Proposal on the Sale of $5,505,000 General 1501 -1527 Obligation Refunding Bonds, Series 2012B, Providing for the Issuance and Pledging Net Revenues and Levying a Tax for the Payment Thereof 9. Kevin Borg, Rotary President, and Rotary members, acknowledged by means 1528 of Resolution Recognizing and Expressing Appreciation to the Mound Westonka Rotary Club for Tyrone Park Improvements 10. Sgt Mike Sussman, advisor to the Mound Police Explorers, acknowledging them 1529 for First Place in the categories of Hostage Negotiation, First Aid and Crime Prevention 11. Carlton Moore, Public Works Director, introducing Public Meeting Requirement 1530 -1532 for the 2011 Storm Water Pollution Prevention Program (SWPPP) annual report 12. Information/Miscellaneous A. Comments /reports from Councilmembers /City Manager B. Minutes: Docks & Commons Comm — May 17, 2012 1533 -1534 C. Reports: LGU Annual Report 1535 -1545 Harbor Wine & Spirits — May 2012 1546 D. Correspondence: Letter from Metropolitan Council on population 1547 -1549 13. Adjourn Note: This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site: www.cityofinound.com COUNCIL BRIEFING June 12, 2012 Upcoming Events Schedule: Don't Forget!! June 12 – 6:55 – HRA regular meeting June 12 – 7:00 – CC regular meeting June 26 – 6:55 – HRA regular meeting June 26 – 7:00 – CC regular meeting July 10 -22 – Spirit of the Lakes Festival /Mound Centennial July 10 – 6:30 – HRA regular meeting July 10 – 7:00 – CC regular meeting July 24 – 6:30 – HRA regular meeting July 24 – 7:00 – CC regular meeting Aug 7 – Night to Unite Aug 4 – Tour de Tonka passes through Mound Aug 14 – 7:00am- 8:00pm -- Primary Election Aug 16 – 6:30 —HRA regular rescheduled meeting (please note the new date for this meeting) Aug 16 – 7:00 –CC regular rescheduled meeting (please note the new date for this meeting) Aug 18 – Dog Days Event (animal expo with vendors and education —bring your dog to Auditor's Road) Aug 28 –6:30 – HRA regular meeting Aug 28 – 7:00 —CC regular meeting (2013 Budget meeting and Adoption) Oct 13 – 8:00 -12:00 – Recycling Day Oct 16 –1:30 -3:30 – Flu Shots Nov 2 – Seasonal Hours end Nov 4 - Daylight Saving Time ends Nov 15 – 6:00 – Tree Lighting Ceremony City Hall ClosinLs July 4 Independence Day Sept 3 Labor Day Nov 12 Veteran's Day observation Citv Official's Absences July 28 -Aug 1 Kandis Hanson Vacation Oct 6 -11 Kandis Hanson City Manager's Conf Music in the Park June 14 July 12 June 21 July 19 (Spirit of the Lakes /Kiddie Parade /Boots & Badges Safety Fair June 28 July 26 City of Mound Claims as of 06 -12 -12 YEAR BATCH NAME DOLLAR AMOUNT 2012 0601CITYMAN $ 24,845.47 2012 MINGER052312 $ 18,236.92 2012 061212CITY $ 178,705.21 2012 061212 H WS $ 178, 677.03 TOTAL CLAIMS $ 400,464.63 -1370- MOUND, MN 06/04/12 11:13 AM Page 1 Payments r CITY OF MOUND Current Period: June 2012 Batch Name 0601CITYMAN Payments Refer 5 ABBOTT, TARA User Dollar Amt $24,845.47 Computer Dollar Amt $24,845.47 $0.00 In Balance Cash Payment G 101 -22801 Deposits /Escrow REFUND OVERPAYMENT OF WATER BILL $245.69 $147.83 5976 IDLEWOOD T. ABBOTT $140.17 Invoice 060112 6/1/2012 1576 FINCH LANE J. HUDOBA Invoice 3729715 Transaction Date 6/1/2012 Wells Fargo 10100 Total $245.69 Refer 2 COLOTTI, JOHN A. E 10141920-321 Telephone & Cells NETWORK ETHERNETSVC 05 -20 -12 THRU 6- Cash Payment E 609 - 49750 -331 Use of personal auto REIMBURSE MILEAGE MMBA CONFERENCE $133.76 20 -12 ALEXANDRIA, J. COLOTTI Invoice 3729715 Invoice 06012012 5/24/2012 $201.34 Refer 3 INFRA TECH Transaction Date 6/1/2012 Wells Fargo 10100 Total $133.76 Refer Cash Payment E 101 -41910 -321 Telephone & Cells NETWORK ETHERNETSVC 05 -20 -12 THRU 6- $147.83 REFUND OVERPAYMENT OF WATER BILL $140.17 20 -12 1576 FINCH LANE J. HUDOBA Invoice 3729715 5/20/2012 Cash Payment E 10141920-321 Telephone & Cells NETWORK ETHERNETSVC 05 -20 -12 THRU 6- $295.66 Invoice 06012012 6/1/2012 20 -12 Invoice 3729715 5/20/2012 $201.34 Refer 3 INFRA TECH Cash Payment E 101 - 42110 -321 Telephone & Cells NETWORK ETHERNETSVC 05 -20 -12 THRU 6- $147.83 $102.60 Invoice 1200230 5/3/2012 20 -12 Invoice 3729715 5/20/2012 $102.60 Refer w 6 LEAGUE OF MINNESOTA CITIES Cash Payment E 222 - 42260 -321 Telephone & Cells NETWORK ETHERNETSVC 05 -20 -12 THRU 6- $147.83 $77.92 20 -12 Invoice 3729715 5/20/2012 Invoice 161835 3/8/2012 Transaction Date 5/31/2012 Wells Fargo 10100 Total $739.15 Refer 4 HUDOBA, JOHN ....... Cash Payment G 101 -22801 Deposits /Escrow REFUND OVERPAYMENT OF WATER BILL $140.17 1576 FINCH LANE J. HUDOBA Invoice 06012012 6/1/2012 Cash Payment R 601 - 49400 -36200 Miscellaneous Revenu REFUND OVERPAYMENT OF WATER BILL $61.17 1576 FINCH LANE J. HUDOBA Invoice 06012012 6/1/2012 Trans Date 6/1/2012 Wells Fargo 10100 Total $201.34 Refer 3 INFRA TECH Cash Payment E 601 -49400 -210 Operating Supplies FLUORESCENT BLUE MARKING PAINT $102.60 Invoice 1200230 5/3/2012 Transaction Date 6/1/2012 Wells Fargo 10100 Total $102.60 Refer w 6 LEAGUE OF MINNESOTA CITIES Cash Payment E 101 - 42110 -434 Conference & Training POLICE ACCREDITED TRAINING ONLINE $77.92 SUBSCRIPTION - J. MCKINLEY JAN THRU MAY 2012 Invoice 161835 3/8/2012 Transaction Date 6/1/2012 Wells Fargo 10100 Total $77.92 Refer 7 LOBE TECH, INCORPORATED Cash Payment E 602 -49450 -230 Shop Materials AQUA KLEEN TAR & ASPHALT REMOVER $1,011.46 Invoice 2047227 5/10/2012 Project 12 -3 1 FRONTIER/CITIZENS COMMUNICA -1371- MOUND, MN 06/04/1211:13 AM Payments Page 3 L`.... ......._... .... .....__...____" CITY OF MOUND Current Period: June 2012 Cash Payment E 222 - 42260 -101 F T Empl Regular DATALUX COMPUTER BROADBAND SVC $52.04 $1,853.95 APRIL 8 THRU MAY 7 FIRE DEPT Invoice 2740209159 5/7/2012 Invoice 060112 Transaction Date 6/1/2012 Wells Fargo 10100 Total $52.04 Refer 14 VER/ZON WIRELESS E 101 -45200 -381 Electric Utilities ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12 Cash Payment E 101 -43100 -321 Telephone & Cells CELL PHONE CHARGES 4 -14 THRU 5 -13- $250.93 DEPOT 2012 STREETS Invoice 060112 Invoice 2743339084 5/13/2012 Cash Payment E 601- 49400 -321 Telephone & Cells CELL PHONE CHARGES 4 -14 THRU 5 -13- $157.42 $114.67 2012 WATER Invoice 2743339084 5/13/2012 Invoice 060112 Cash Payment E 602 - 49450 -321 Telephone & Cells CELL PHONE CHARGES 4 -14 THRU 5 -13- $237.48 Cash Payment 2012 SEWER ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12 Invoice 2743339084 5/13/2012 Cash Payment E 101 - 42400 -321 Telephone & Cells CELL PHONE CHARGES 4 -14 THRU 5 -13- $22.38 5/14/2012 2012 P &I Invoice 2743339084 5/13/2012 E 601 - 49400 -381 Electric Utilities ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12 Cash Payment E 101 - 45200 -321 Telephone & Cells CELL PHONE CHARGES 4 -14 THRU 5 -13- $247.55 WATER 2012 PARKS Invoice 060112 Invoice 2743339084 5/13/2012 Cash Payment E 101 - 41310 -321 Telephone & Cells CELL PHONE CHARGES 4 -14 THRU 5 -13- $265.14 $1,203.50 2012 K. HANSON PHONE Invoice 2743339084 5/13/2012 Invoice 060112 Cash Payment E 222 - 42260 -321 Telephone & Cells CELL PHONE CHARGES 4 -14 THRU 5 -13- $298.87 2012 FIRE & G.PEDERSON PHONE -1372- Invoice 2743339084 5/13/2012 Cash Payment G 101 -13100 Due From Other Funds CELL PHONE CHARGES 4 -14 THRU 5 -13- $34.45 2012 IKM Invoice 2743339084 5/13/2012 Cash Payment G 101 -22816 Personal Cell Phone CELL PHONE CHARGES 4 -14 THRU 5 -13- $2.21 2012 EE PAID OVERAGE Invoice 2743339084 5/13/2012 Transaction Date 6/1/2012 Wells Fargo 10100 Total $1,516.43 Refer 15 XCEL ENERGY Cash Payment E 101 -43100 -381 Electric Utilities ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12 $1,853.95 STREETS Invoice 060112 5/14/2012 Cash Payment E 101 -45200 -381 Electric Utilities ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12 $50.78 DEPOT Invoice 060112 5/14/2012 Cash Payment E 101 -45200 -381 Electric Utilities ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12 $114.67 PARKS Invoice 060112 5/14/2012 Cash Payment E 602 - 49450 -381 Electric Utilities ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12 $2,688.44 SEWER Invoice 060112 5/14/2012 Cash Payment E 601 - 49400 -381 Electric Utilities ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12 $3,227.62 WATER Invoice 060112 5/14/2012 Cash Payment E 609 -49750 -381 Electric Utilities ELECTRIC SERVICE 3 -27 -12 TO 4 -26 -12 $1,203.50 LIQUOR Invoice 060112 5/14/2012 -1372- MOUND, MN Payments Current Period: May 2012 05/23/12 11:51 AM Page 1 Pre - Written Check $0.00 Checks to be Generated by the Computer $18,236.92 Total $18,236.92 -1373- MOUND, MN 06107/12 11:48 AM Payments Page 1 CITY OF MOUND Current Period: June 2012 Refer 3 AUTOMATIC SYSTEMS COMPANY Cash Payment E 602 - 49450 -440 Other Contractual Servic LYNWOOD LIFT STATION MOVE SVC TO $824.05 NEW ELECTRIC POLE 2/6 & 2/14 Invoice 24642 5/22/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $824.05 Refer 4 BATTERIES PLUS, #018 Cash Payment E 602- 49450 -210 Operating Supplies BATTERIES: 6V LEAD, 12V, 12V LEAD, 12V $286.14 6/12/2012 BATTERY ENDS Invoice 018 - 267902 5/14/2012 PO 23985 6/5/2012 Wells Fargo 10100 Total Transaction Date 6/5/2012 Wells Fargo 10100 Total $286.14 Refer 6 BIFFS, INC PORTABLE RESTROO Cash Payment E 101 -43100 -221 Equipment Parts Cash Payment E 101 -45200 -410 Rentals (GENERAL) CENTERVIEW BEACH BIFFS RENTAL & SVC $67.86 MAY 2012 Invoice W462716 5/30/2012 Cash Payment E 101-45200-410 Rentals (GENERAL) MOUND BAY PARK BIFFS RENTAL & SVC MAY 2012 $251.94 Invoice W462717 5/30/2012 Cash Payment E 101 - 45200 -410 Rentals (GENERAL) Invoice W462718 5/30/2012 Transaction Date 6/5/2012 SKATE PARK BIFFS RENTAL & SVC MAY 2012 Wells Fargo 10100 Total $380.00 $699.80 Refer 5 BILDEAUX SERVICES Cash Payment E 101 - 43100 -434 Conference & Training CHAINSAW SAFETY TRAINING SEMINAR 5- $718.00 15 -12 Invoice 061212 6/12/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $718.00 Refer 8�BOYER TRUCK PARTS Cash Payment E 101 -43100 -221 Equipment Parts '12 FORD F550 FRONT AXLE ALIGNMENT, $43.98 CENTER WHEEL Invoice 250644 5/16/2012 Cash Payment E 601 - 49400 -221 Equipment Parts '12 FORD F550 VEHICLE #112 FRONT AXLE $43.97 ALIGNMENT, CENTER WHEEL Invoice 250644 5/16/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $87.95 Refer 9 CARQUEST OF NAVARRE (P/M -1374- MOUND, MN 06/07/1211:48 AM f - \ Page 2 Payments CITY OF MOUND Current Period: June 2012 Refer 10 CENTERPO/NT ENERGY (M/NNEG Cash Payment E 602 - 49450 -383 Gas Utilities Invoice 061212 5/21/2012 Transaction Date 6/5/2012 3303 WATERBURY GAS SERVICE 4 -18 THRU $15.82 5 -17 -12 Wells Fargo 10100 Total $15.82 Refer 51 CENTRAL MCGOWAN, INCORPOR Cash Payment E 602 - 49450 -230 Shop Materials HIGH PRESSURE CYLINDER RENTALS $17.23 Invoice 00070656 5/31/2012 Project 12 -3 Transaction Date 6/6/2012 Wells Fargo 10100 Total $17.23 Refer 11 COMMERCIAL ASPHALT CO. Cash Payment E 101 - 43100 -224 Street Maint Materials 42A WEAR HOT ASPHALT MIX $382.82 Invoice 24505 5/9/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $382.82 Refer 59 CREST PRECAST INCORPORATED Cash Payment E 101 - 43100 -400 Repairs & Maintenance 7 BOLLARDS W /CAPS COUNTY RD 15- $4,937.63 REIMBURSED BY INSURANCE CLAIM APRIL 2012 Invoice 39674 5/25/2012 PO 23668 Transaction Date 6/6/2012 Wells Fargo 10100 Total $4,937.63 Refer a 12 CUMMINGS NPOWER,LLC Cash Payment E 602 - 49450 -500 Capital Outlay FA STANDBY GENERATOR FOR LIFT STATION $21,532.11 N -1 2011 PROJ PIN 11 -03 Invoice 806 -21580 5/11/2012 PO 23554 Project PW1103 Transaction Date 6/5/2012 Wells Fargo 10100 Total $21,532.11 Refer 60 DELL MARKETING L.P. Cash Payment E 101 -41920 -205 Computer Hardware /Soft DELL COMPUTER MONITOR FOR $168.35 ACCOUNTANT Invoice XFRTCJ3R5 5/25/2012 PO 23961 Cash Payment E 101 - 41920 -205 Computer Hardware /Soft DELL DESKTOP COMPUTER W/ WINDOWS 7 $745.04 FOR ACCOUNTANT Invoice XFRWD93F4 5/29/2012 PO 23961 Transaction Date 6/6/2012 Wells Fargo 10100 Total $913.39 Refer 7 DURKIN, DAVID Cash Payment E 675- 49425 -440 Other Contractual Servic STORM SEWER REPAIR, GRADING, DIRT, $1,565.00 SEED @ PIPER Invoice 061212 6/12/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $1,565.00 Refer 13 FERGUSON WATERWORKS Cash Payment E 601 -49400 -220 Repair / Maint Supply 10 5/8 " X 3/4" WATER METERS, 20 3/4" $1,308.55 METER COUPLINGS Invoice S01363653 5/14/2012 PO 23984 -1375- Transaction Date 6/5/2012 Wells Fargo 10100 Total $1,308.55 Refer 61 FIRE ENGINEERING PUBLICATION Cash Payment E 222 - 42260 -433 Dues and Subscriptions FIRE ENGINEERING MAGAZINE $48.00 SUBSCRIPTION 3 YEAR RENEWAL Invoice 061212 6/5/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $48.00 Refer 67 FIRE SERVICE CERT OF MINNESO Cash Payment E 222 - 42260 -434 Conference & Training Invoice 1412 5/17/2012 FIREFIGHTER II CERTIFICATION EXAM 5 -5- $75.00 12 - J. BRYCE Transaction Date 6/6/2012 Wells Fargo 10100 Total $75.00 Refer 14 FIVE TECHNOLOGY Cash Payment E 101 - 41920 -440 Other Contractual Servic MONTHLY MANAGED SVC & NETWORK $1,800.00 MTCE -JUNE 2012 Invoice 124994 6/1/2012 Cash Payment E 101 - 42110 -440 Other Contractual Servic MONTHLY FEE FOR ONLINE POLICE $50.00 REPORT FORM JUNE 2012 Invoice 124994 6/1/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $1,850.00 Refer 32 FOURTH JUDICIAL DISTRICT Cash Payment E 101 -42110 -203 Printed Forms 2012 UNIFORM CITATIONS $221.31 Invoice 201235 5/21/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $221.31 Refer 125 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101 -43100 -321 Telephone & Cells PHONE SERVICE 5 -30 -12 THRU 06 -29 -12 $432.85 Invoice 061212 5/30/2012 Cash Payment E 601 -49400 -321 Telephone & Cells PHONE SERVICE 5 -30 -12 THRU 06 -29 -12 $432.85 Invoice 061212 5/30/2012 Cash Payment E 602 -49450 -321 Telephone & Cells PHONE SERVICE 5 -30 -12 THRU 06 -29 -12 $445.97 Invoice 061212 5/30/2012 Cash Payment E 602- 49450 -321 Telephone & Cells PHONE SERVICE 5 -30 -12 THRU 06 -29 -12 $61.40 LIFT STATION LINE Invoice 061212 5/30/2012 Cash Payment E 101 - 45200 -321 Telephone & Cells PHONE SERVICE 5 -30 -12 THRU 06 -29 -12 $115.89 Invoice 061212 5/30/2012 Cash Payment E 609 -49750 -321 Telephone & Cells PHONE SERVICE 5 -30 -12 THRU 06 -29 -12 $540.96 Invoice 061212 5/30/2012 Cash Payment E 101- 41910 -321 Telephone & Cells PHONE SERVICE 5 -30 -12 THRU 06 -29 -12 $916.36 Invoice 061212 5/30/2012 Cash Payment E 101 - 42110 -321 Telephone & Cells PHONE SERVICE 5 -30 -12 THRU 06 -29 -12 $381.82 Invoice 061212 5/30/2012 Cash Payment E 222 - 42260 -321 Telephone & Cells PHONE SERVICE 5 -30 -12 THRU 06 -29 -12 $229.09 Invoice 061212 5/30/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $3,557.19 Refer 16 G & K SERVICES Cash Payment E 101 - 41910 -460 Janitorial Services MAT SVC & SUPPLIES 5 -28 CITY HALL $174.45 Invoice 1006756299 5/28/2012 -1376- MOUND, MN 06/07/1211:48 AM Page 4 Payments CITY OF MOUND Current Period: June 2012 Cash Payment E 609 - 49750 -460 Janitorial Services MAT SVC & SUPPLIES 5 -28 LIQUOR STORE $72.76 Invoice 1006756294 5/28/2012 Cash Payment E 609 - 49750 -460 Janitorial Services MAT SVC 5 -21 LIQUOR STORE $55.88 Invoice 1006745186 5/21/2012 Cash Payment E 609 -49750 -460 Janitorial Services MAT SVC 6 -4 LIQUOR STORE $55.88 Invoice 1006767247 6/4/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $358.97 Refer 17 G & K SERVICES Cash Payment E 101 - 45200 -218 Clothing and Uniforms UNIFORM SVC 6 -4 -12 $40.15 Invoice 1006767253 6/4/2012 Cash Payment E 101 - 45200 -210 Operating Supplies SUPPLIES 6 -4 -12 $56.80 Invoice 1006767253 6/4/2012 Cash Payment E 101 -45200 -218 Clothing and Uniforms UNIFORM SVC 5 -28 -12 $44.66 Invoice 1006756300 5/28/2012 Cash Payment E 101 -45200 -210 Operating Supplies SUPPLIES 5 -28 -12 $62.47 Invoice 1006756300 5/28/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $204.08 Refer 18 G & K SERVICES Cash Payment E 101 - 43100 -218 Clothing and Uniforms UNIFORM SVC 5 -21 -12 $76.57 Invoice 1006745191 5/21/2012 Cash Payment E 601 - 49400 -218 Clothing and Uniforms UNIFORM SVC 5 -21 -12 $25.69 Invoice 1006745191 5/21/2012 Cash Payment E 602 - 49450 -218 Clothing and Uniforms UNIFORM SVC 5 -21 -12 $33.78 Invoice 1006745191 5/21/2012 Cash Payment E 602 - 49450 -230 Shop Materials MAT SVC & SHOP SUPPLIES 5 -21 -12 $216.47 Invoice 1006745191 5/21/2012 Project 12 -3 Cash Payment E 602 - 49450 -230 Shop Materials MAT SVC & SHOP SUPPLIES 5 -28 -12 $250.55 Invoice 1006756298 5/28/2012 Project 12 -3 Cash Payment E 101 - 43100 -218 Clothing and Uniforms UNIFORM SVC 5 -28 -12 $23.21 Invoice 1006756298 5/28/2012 Cash Payment E 601- 49400 -218 Clothing and Uniforms UNIFORM SVC 5 -28 -12 $25.69 Invoice 1006756298 5/28/2012 Cash Payment E 602 - 49450 -218 Clothing and Uniforms UNIFORM SVC 5 -28 -12 $33.78 Invoice 1006756298 5/28/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $685.74 Refer 64 GERTENS Cash Payment E 101 - 45200 -232 Landscape Material 2012 PLANTS FOR STREETSCAPE $1,187.92 GREENWAY AREAS Invoice 252329 5/23/2012 PO 23989 Cash Payment E 101 - 45200 -232 Landscape Material 2009 OVERPAYMENT CREDIT - $1,088.97 Invoice H54063 5/23/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $98.95 Refer 33 GOPHER STATE ONE CALL Cash Payment E 601 -49400 -395 Gopher One -Call MAY 2012 LOCATES $150.27 Invoice 40749 6/4/2012 Cash Payment E 602 -49450 -395 Gopher One -Call MAY 2012 LOCATES $150.28 Invoice 40749 6/4/2012 Transaction Date 6/5/2012 Wells F­ 10100 Total $300.55 .. -1377 _ MOUND, MN 06/07/1211:48 AM Page 5 Payments CITY OF MOUND Refer 15 HAWKINS, INCORPORATED Current Period: June 2012 Cash Payment E 601 - 49400 -227 Chemicals CHLORINE CYLINDER RENTAL $15.00 Invoice 3343354 5/25/2012 SPACEJAYCEES Transaction Date 6/5/2012 Wells Fargo 10100 Total $15.00 Refer 52 HD SUPPLY WATERWORKS, LTD 6/6/2012 Wells Fargo 10100 Total Cash Payment E 601 -49400 -220 Repair /Maint Supply 3 -1/2" 200 PSI GAUGE $56.83 Invoice 4862469 5/25/2012 PO 23990 HANDLES $10.62 Transaction Date 6/6/2012 Wells Fargo 10100 Total $56.83 Refer 62 HECKSEL MACHINE SHOP Cash Payment E 222 -42260 -409 Other Equipment Repair ALUMINUM BUMPER REPAIR FOR TRUCK $363.38 #34 Invoice 94269 5/4/2012 PO 23379 Transaction Date 6/6/2012 Wells Fargo 10100 Total $363.38 Refer 19 HENNEPIN COUNTY COMMUNITY Cash Payment E 101 -41600 -450 Board of Prisoners Invoice 1000016684 5/16/2012 Transaction Date 6/5/2012 Refer 20 HENNEPIN COUNTY INFORMATIO Cash Payment E 101 - 42110 -418 Other Rentals Invoice 120338034 3/31/2012 Transaction Date 6/5/2012 COMMUNITY CORRECTIONS WORK RELEASE APRIL 2012 Wells Fargo 10100 Total RADIO LEASE AND ADMIN FEE MARCH 2012 Wells Fargo 10100 Total $36.00 $36.00 $1,214.03 $1,214.03 Refer 63 HOLASEK, FRED AND SON, INCOR Cash Payment G 101 -22808 Adopt A Green Space DEPOT FLOWERS - ADOPT A GREEN $409.54 SPACEJAYCEES Invoice 0014448 5/23/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $409.54 Refer 65 HOME DEPOT CREDIT (FIRE) Cash Payment E 222 -42260 -210 Operating Supplies HANDLES $10.62 Invoice 1144058 4/18/2012 Cash Payment E 222 -42260 -210 Operating Supplies PAINT SUPPLIES: ROLLER & COVERS, $120.26 BRUSH, TRAY, MNT KEYSAFES, ELECTRICAL ROLL Invoice 5125041 5/4/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $130.88 Refer 49 IKON OFFICE SOLUTIONS � �.. Cash Payment E 222 - 42260 -202 Duplicating and copying COPIER RENTAL FEE 3 -13 -12 THRU 6 -12 -12 $158.72 FIRE DEPT Invoice 87052343 5/25/2012 Transaction Date 6/512012 Wells Fargo 10100 Total $158.72 Refer � 21 ISLAND PARK SKELLY Cash Payment E 101 -42110 -404 Machinery/Equip Repairs SQUAD #842 OIL CHANGE, FILTER & LUBE, $819.24 TIRE MOUNT /BALANCE, REPLACE FRONT & REAR BRAKES Invoice 32897 5/24/2012 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs SQUAD #843 OIL FILTER CHANGE, TOP OFF $31.10 OIL Invoice 32900 5/24/2012 -1378- Transaction Date 6/5/2012 Wells Fargo 10100 Total $850.34 Refer 1 J.R. S APPLIANCE DISPOSAL, INC $807.49 Refer 23 JOHNS VARIETY AND PETS Cash Payment E 670 - 49500 -460 Janitorial Services RECYCLE DAY 5 -12 -12 DISPOSAL OF $1,347.90 PICTURE FRAME - JOHN DEAN $6.41 APPLIANCES Refer 25 Invoice 78538 5/15/2012 Invoice 452004 5/17/2012 Tr Date 6/5/2012 Wells Fargo 10100 Total $1,347.90 Refer 22 JANI -KING OF MINNESOTA, INCOR $6.41 Refer 24 JUBILEE FOODS Cash Payment E 602 - 49450 -460 Janitorial Services MONTHLY CONTRACT CLEANING PUBLIC $267.19 BEVERAGES, WATER FOR RECYCLE DAY $89.59 WORKS JUNE 2012 Invoice MIN06120328 6/1/2012 Project 12 -3 5/12/2012 Cash Payment E 101 -41910 -460 Janitorial Services MONTHLY CONTRACT CLEANING CITY HALL $540.30 DELI LUNCH RECYCLE DAY EVENT $70.70 JUNE 2012 5/12/2012 Invoice MIN06120322 6/1/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $807.49 Refer 23 JOHNS VARIETY AND PETS Invoice 061212 5/26/2012 Cash Payment E 101 -41110 -431 Meeting Expense PICTURE FRAME - JOHN DEAN $6.41 $221.89 Refer 25 RETIREMENT RESOLUTION Invoice 452004 5/17/2012 E 101 - 41600 -316 Legal P & I PLANNING LEGAL SVC APRIL 2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $6.41 Refer 24 JUBILEE FOODS Cash Payment E 670 - 49500 -460 Janitorial Services BEVERAGES, WATER FOR RECYCLE DAY $89.59 EVENT Wells Fargo 10100 Total Invoice 061212 5/12/2012 KENNEDYAND GRAVEN Cash Payment E 670 - 49500 -460 Janitorial Services DELI LUNCH RECYCLE DAY EVENT $70.70 Invoice 061212 5/12/2012 5/15/2012 Cash Payment G 101 -23215 Emerg Respond Unit Lake Ar BEVERAGES, WATER FOR EMERGENCY $16.38 ADMINISTRATIVE LEGAL SERVICES APRIL $224.18 RESPONSE UNIT TRAINING Invoice 061212 5/16/2012 Cash Payment E 101 -41110 -431 Meeting Expense BEVERAGES FOR JOHN DEAN'S $4.27 RETIREMENT RECEPTION 2 -22 -12 Invoice 061212 5/12/2012 Cash Payment E 609- 49750 -255 Misc Merchandise For R LIMES, LEMONS FOR RESALE $40.95 Invoice 061212 5/26/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $221.89 Refer 25 KENNEDYAND GRAVEN Cash Payment E 101 - 41600 -316 Legal P & I PLANNING LEGAL SVC APRIL 2012 $570.00 MUELLER NUISANCE ABATEMENT 5910 RIDGEWOOD Invoice 108091 5/15/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $570.00 Refer 26 KENNEDYAND GRAVEN Cash Payment E 101 - 41600 -300 Professional Srvs EXECUTIVE LEGAL SERVICES APRIL 2012 $402.00 Invoice 108086 5/15/2012 Cash Payment E 101 -41600 -300 Professional Srvs ADMINISTRATIVE LEGAL SERVICES APRIL $224.18 2012 Invoice 108086 5115/2012 Cash Payment E 101 -41600 -314 Legal P/W PUBLIC WORKS LEGAL SERVICES APRIL $177.00 2012 Invoice 108086 5/15/2012 -1379- MOUND, MN 06/07/1211:48 AM Payments Page 7 CITY OF MOUND Current Period: June 2012 Cash Payment G 101 -23247 WALGREENS #11 -10 SEMP WALGREENS ZONING & SUBDIVISION APPS $1,120.00 Cash Payment E 101 - 41110 -433 Dues and Subscriptions 3RD QTR LMCD LEVY PAYMENT LEGAL SERVICES APRIL 2012 Invoice 061212 6/4/2012 Invoice 108086 5/15/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total Cash Payment E 101 - 41600 -316 Legal P & I PLANNING & ZONING LEGAL SERVICES $102.20 Cash Payment E 602 - 49450 -230 Shop Materials NYLON CABLE TIES, DEGREASER, PIPE APRIL 2012 Invoice 108086 5/15/2012 CRIMPING, PLUGS, PIPE TAPE, CABLE Cash Payment G 101 -23231 6301 Lynwood #10 -07, Wood WOODLYN RIDGE, 6301 LYNWOOD LEGAL $186.00 Invoice 9300857687 5/23/2012 SERVICES APRIL 2012 Invoice 108086 5/15/2012 $70.55 Invoice 9300244939 10/20/2011 Cash Payment G 101 -23256 2650 Lakewood Ln - Grunow LAKEWOOD LANE - GRUNOW LEGAL $45.00 $275.90 SERVICES APRIL 2012 Invoice 108086 5/15/2012 Cash Payment G 101 -23255 2125 Commerce- Animal Hos WESTONKA ANIMAL HOSPITAL SERVICES $45.00 APRIL 2012 Invoice 108086 5/15/2012 Cash Payment G 101 -23253 4857 Island View Dr. BARNE 4857 IVD BARNES LEGAL SERVICES APRIL $42.00 2012 Invoice 108086 5/15/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $2,343.38 Refer 57 KENNEDY AND GRAVEN Cash Payment E 101 - 41600 -300 Professional Srvs LEGAL SERVICES HRA REVIEW & MTGS $176.00 APRIL 2012 Invoice 108085 5/15/2012 Cash Payment G 101 -23257 RON CLARK LOST LAKE VI LOST LAKE VILLAS LEGAL SERVICES APRIL $217.00 2012 Invoice 108085 5/15/2012 Cash Payment G 101 -23089 MHR Phase II Auditors Road MHR PHASE II LEGAL SERVICES APRIL 2012 $605.00 Invoice 108085 5/15/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $998.00 Refer 28 LAKE MINNETONKA CONSERVATI Cash Payment E 101 - 41110 -433 Dues and Subscriptions 3RD QTR LMCD LEVY PAYMENT $5,776.00 Invoice 061212 6/4/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $5,776.00 Refer 29 LAWSON PRODUCTS, INC Cash Payment E 602 - 49450 -230 Shop Materials NYLON CABLE TIES, DEGREASER, PIPE $205.35 EXPANDER, ELBOW ADAPTERS, PIPE CRIMPING, PLUGS, PIPE TAPE, CABLE CLAMPS Invoice 9300857687 5/23/2012 Project 12 -3 Cash Payment E 602 -49450 -230 Shop Materials NYLON CABLE TIES\ $70.55 Invoice 9300244939 10/20/2011 Project 12 -3 Transaction Date 6/5/2012 Wells Fargo 10100 Total $275.90 Refer 54 LORETTO VOLUNTEER FIRE DEPT Cash Payment E 101-42115-434 Conference & Training GORDON GRAHAM SEMINAR - MANAGING $58.00 RISK MAY 11 & 12 Invoice 2 -2075 5/30/2012 PO 23854 Transaction Date 6/6/2012 Wells Fargo 10100 Total $58.00 Refer 78 MADER, RANDY Cash Payment R 601- 49400 -36200 Miscellaneous Revenu REFUND OVERPAYMENT OF UTILITY BILL R. $119.67 MADER 2135 OVERLAND LANE Invoice 061212 616/2012 -1380- CITY OF MOUND Current Period: June 2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $119.67 Refer 36 MERTZ, CRAIG M. LAW OFFICE _ Cash Payment E 101 - 41600 -304 Legal Fees PROSECUTION SVCS MAY 2012 $8,490.53 Invoice 061212 6/5/2012 Cash Payment E 101 - 41600 -304 Legal Fees HENN CTY INFO TECH ACCESS TO MNCIS $48.09 FEE MAY 2012 Invoice 061212 6/5/2012 MULCH - CONTRACT GARDEN BLEND $54.71 Transaction Date 6/7/2012 Wells Fargo 10100 Total $8,538.62 Refer 30 METROPOLITAN COUNCIL WASTE E 601- 49400 -224 Street Maint Materials MULCH - CONTRACT GARDEN BLEND Cash Payment E 602- 49450 -388 Waste Disposal -MCIS WASTEWATER SERVICES JULY 2012 $62,357.48 Invoice 0000990903 6/4/2012 Cash Payment E 101 - 45200 -232 Landscape Material Transaction Date 6/5/2012 Wells Fargo 10100 Total $62,357.48 Refer 31 MINNESOTA DEPT OF HEALTH Cash Payment Cash Payment R 601- 49400 -37170 State fee - Water 2ND QTR 2012 COMMUNITY WATER SUPPLY $5,504.00 5/22/2012 -1381- SVC CONNECTION FEE Invoice 061212 5/23/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $5,504.00 Refer 68 MNSPECT Cash Payment E 101 - 42400 -308 Building Inspection Fees MAY 2012 BUILDING INSPECTION FEES $7,736.48 Invoice 5803 6/4/2012 Cash Payment R 101 - 42000 -32220 Electrical Permit Fee MAY 2012 ELECTRICAL INSPECTION - $204.00 PERMIT FEE CREDIT Invoice 5803 6/4/2012 Cash Payment G 101 -20800 Due to Other Governments MAY 2012 ELECTRICAL INSPECTION STATE - $80.00 SURCHARGE FEE CREDIT Invoice 5803 6/4/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $7,452.48 Refer 34 MORRELL ENTERPRISES, LP Cash Payment E 670 - 49500 -460 Janitorial Services DUMPSTER BINS FOR CITY CLEAN UP DAY $2,463.73 5 -12 -12 Invoice 24269 5/18/2012 Cash Payment E 670 -49500 -460 Janitorial Services DUMPSTER BINS FOR CITY CLEAN UP DAY $642.19 5 -12 -12 Invoice 24237 5/12/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $3,105.92 Refer 35 MOUND FIRE RELIEF ASSOC/ATIO Cash Payment E 222 -42260 -124 Fire Pens Contrib JUNE 2012 FIRE RELIEF CONTRIBUTION $11,968.75 Invoice 061212 6/1/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $11,968.75 Refer 36 MULCH STORE, THE Cash Payment E 601 - 49400 -224 Street Maint Materials MULCH - CONTRACT GARDEN BLEND $54.71 Invoice 8116533 5/18/2012 Cash Payment E 601- 49400 -224 Street Maint Materials MULCH - CONTRACT GARDEN BLEND $54.71 Invoice 8116522 5/18/2012 Cash Payment E 101 - 45200 -232 Landscape Material MULCH - CONTRACTOR HONEY GOLD $563.23 Invoice 8116833 5/22/2012 Cash Payment E 101 -45200 -232 Landscape Material MULCH - CONTRACTOR HONEY GOLD $565.34 Invoice 8116862 5/22/2012 -1381- Transaction Date 6/5/2012 Wells Fargo 10100 Total $1,237.99 Refer 37 NEWMAN SIGNS Cash Payment E 101 -43100 -226 Sign Repair Materials Invoice TI- 0248780 5115/2012 Transaction Date 6/5/2012 BLACK FILM, TRANSFER TAPE Wells Fargo 10100 Refer 38 NS 11 MECHANICAL CONTRACTING, Cash Payment E 101 - 41910 -440 Other Contractual Servic PREVENTATIVE MTCE AGREEMENT MAY THRU AUGUST 2012 CITY HALL Invoice C002194 5/22/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total Refer 66 OFFICE DEPOT (FIRE) Cash Payment E 222 - 42260 -200 Office Supplies INK CARTRIDGE, USB DRIVE, SIGN HOLDER, BINDER CLIPS, REPORT COVERS, FILES, LAMINATING POUCH, CLIPBOARD, HIGHLIGHTERS Invoice 609526060001 5/10/2012 PO 23383 $1,180.00 $1,180.00 $254.53 Cash Payment E 222 - 42260 -200 Office Supplies INK TONER CARTRIDGE $136.67 Invoice 611181349001 5/25/2012 PO 23384 Cash Payment E 222 - 42260 -200 Office Supplies MEMO BOARDS $108.16 Invoice 611078348001 5/24/2012 PO 23383 Transaction Date 6/6/2012 Wells Fargo 10100 Total $499.36 Refer 39 OFFICE DEPOT Cash Payment E 101 - 41910 -200 Office Supplies Invoice 610230996001 5/17/2012 PO 22874 Cash Payment E 281 -45210 -200 Office Supplies Invoice 610230996001 5/17/2012 PO 22874 Transaction Date 6/5/2012 ADDRESS LABELS, ENVELOPES, RUBBERBANDS ADDRESS LABELS Wells Fargo 10100 Refer 71 PEDERSON, GREG Cash Payment E 222 - 42260 -200 Office Supplies Invoice 061212 6/5/2012 Cash Payment E 222 - 42260 -200 Office Supplies REIMBURSE OFFICE SUPPLIES SAM'S CLUB- 2 SIDED POSTER BOARD, DRY ERASE, CUPBOARDS $1,391.38 Total $1,391.38 $34.72 $24.46 Total $59.18 $160.47 REIMBURSE- 11 X 17" POSTERS PRINTED @ $19.02 FED -EX Invoice 061212 6/5/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $179.49 Refer 72 PLUNKETT S, INCORPORATED � R56 Cash Payment E 609 -49750 -440 Other Contractual Servic PEST CONTROL SERVICE 5 -11 -12 LIQUOR $50.20 STORE Invoice 3145886 5/11/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $50.20 Refer 73 R & S COLLISION SERVICES /NCO Cash Payment E 222 - 42260 -409 Other Equipment Repair PAINT RIGHT BOX CORNER & REPAIR DENT $200.00 FIRE TRUCK #40 Invoice 1106 6/25/2011 Transaction Date 6/6/2012 Wells Fargo 10100 Total $200.00 Refer 40 RANDY S SANIT -1382- _ MOUND, MN 06/07/1211:48 AM Page 10 // Payments 1 ...... ............... _ ""•.. CITY OF MOUND Current Period: June 2012 Cash Payment E 670- 49500 -460 Janitorial Services DOCUMENT SHREDDER FOR RECYCLE $224.65 EVENT 5 -12 -12 Invoice 1666416 5/15/2012 Tran Date 6/5/2012 Wells Fargo 10100 Total $224.65 Refer 74 RANDY S SANITATION Cash Payment E 670 - 49500460 Janitorial Services REMOVE 40YD RECYLCE OPEN BIN FROM CLEAN UP 5 -12 -12 $50.00 $50.00 Invoice 1672374 5/31/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total Refer 53 ROCKYS HANDYMAN SERVICES L Cash Payment E 101 - 49999 -430 Miscellaneous Invoice 2011 -392 6/1/2012 Cash Payment E 101 - 49999 -430 Miscellaneous Invoice 2011 -393 6/1/2012 Cash Payment E 101 - 49999 -430 Miscellaneous Invoice 2011 -394 6/1/2012 Cash Payment E 101 - 49999 -430 Miscellaneous MOWING SERVICE 5 -31 -12 @ 6309 SUGAR $106.88 MILL LANE MOWING SERVICE 5 -31 -12 @ 4879 $106.88 PLYMOUTH ROAD MOWING SERVICE 5 -31 -12 @ 5025 $106.88 SHORELINE DRIVE MOWING SERVICE 5 -31 -12 @ 4869 $106.88 HANOVER ROAD Invoice 2011 -395 6/1/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $427.52 Refer 55 SCHARBER AND SONS OF LONG L Cash Payment E 101 - 45200 -500 Capital Outlay FA 2 TORO PUSH MOWERS W /BAGGER, $1,160.64 MULCHER & SIDE DISCHARGE, LESS TRADEINS Invoice 21600 5/5/2012 PO 22865 Transaction Date 6/6/2012 Wells Fargo 10100 Total $1,160.64 Refer 48 SCHMIDT, ERIC Cash Payment R 281 - 45210 -34725 Dock Permits REFUND KEY DEPOSIT LOST LAKE VILLAS $50.00 DOCKSITE ERIC SCHMIDT Invoice 061212 6/4/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $50.00 Refer 75 SPRINT WIRELESS (FIRE) Cash Payment E 222 - 42260 -321 Telephone & Cells FIRE DEPT DATA CARD ACCESS CHARGES $7.19 5 -13 THRU 6 -12 Invoice 617320297 -044 5/16/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $7.19 Refer 70 STA -SAFE LOCKSMITHS COMPAN Cash Payment E 101 - 42110 -402 Building Maintenance REPAIR LOCK ON MEN'S LOCKER ROOM $95.82 Invoice 0018958 5/29/2012 PO 23873 Cash Payment E 101-42110-402 Building Maintenance REPAIR LOCK ON PD FILE CABINET /DESK $101.57 Invoice 0018950 5/9/2012 PO 23873 Transaction Date 6/6/2012 Wells Fargo 10100 Total $197.39 Refer 41 STERNE ELECTRIC COMPANY Cash Payment E 222 - 42260 -402 Building Maintenance MOVE OUTLETS AT FIRE DEPT. $209.00 Invoice 11009 5/7/2012 -1383- Refer 76 TRI -K SERV ICES Cash Payment MOUND, MN 06/07/1211:48 AM $2,343.00 Page 11 Invoice 061212 5/11/2012 PO 23386 Payments 6/6/2012 Wells Fargo 10100 Total $2,343.00 Refer 79 TRUE VALUE, MOUND (PW PKS) CITY OF MOUND Cash Payment E 602- 49450 -221 Equipment Parts Current Period: June 2012 $18.16 Cash Payment E 222 -42260 -401 Building Repairs CREDIT FEB STMT -$3.56 Invoice 11009 5/7/2012 GFCI OUTLETS, SUPER SHOCK $30.96 Cash Payment E 10142110 -402 Building Maintenance CREDIT FEB STMT -$3.56 Invoice 11009 5/7/2012 INSECT KILLER, CLEANER $12.80 Transaction Date 6/5/2012 Wells Fargo 10100 Total $201.88 Refer 56 SUN PATRIOIT NEWSPAPER E 602 - 49450 -220 Repair /Maint Supply HEX BUSHING, GALV COUPLING, GALV Cash Payment G 101 -23247 WALGREENS #11 -10 SEMP RE- ZONING PEDESTRIAN PLANNED UNIT $137.81 Invoice 93993 DEVELOPMENT DISTRICT HEARING NOTICE Cash Payment PUB.6 -2 -12 SEMPER WALGREENS PROJECT SCREWS, NUTS, BOLTS FOR BOAT Invoice 1109996 6/2/2012 5/16/2012 Cash Payment G 101 -23255 2125 Commerce - Animal Hos COND. USE PERMIT - AMENDMENT HEARING $33.08 $72.25 NOTICE PUB.6 -2 -12 WESTONKA ANIMAL HOSPITAL Invoice 1109992 6/2/2012 Cash Payment E 101 -41110 -351 Legal Notices Publishing CENTERPOINT GAS FRANCHISE FEE $38.59 ORDINANCE AMENDMENT LEGAL NOTICE PUB 06 -2 -12 Invoice 1109999 6/2/2012 Cash Payment E 101 -41110 -351 Legal Notices Publishing XCEL ENERGY ELECTRIC FRANCHISE FEE $38.59 ORDINANCE AMENDMENT LEGAL NOTICE PUB 06 -2 -12 Invoice 1110001 6/2/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $248.07 Refer 42 THYSSEN -KRUPP ELEVATOR COR Cash Payment E 101 - 41910 -440 Other Contractual Servic ELEVATOR MAINTENANCE CITY HALL 16 -1- $731.87 12 THRU 8 -31 -12 Invoice 3000180596 6/1/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $731.87 Refer 43 TOWN & COUNTRY FENCE Cash Payment E 101 - 45200 -525 Other Capital Improveme SOFTBALL BACKSTOP FOR SWENSON PARK $1,800.00 Invoice 920073 5/31/2012 PO 22873 Transaction Date 6/5/2012 Wells Fargo 10100 Total $1,800.00 Refer 76 TRI -K SERV ICES Cash Payment E 222 - 42260 -500 Capital Outlay FA 2011 EAGLE AMERICA TRAILER FOR FIRE $2,343.00 DEPT. Invoice 061212 5/11/2012 PO 23386 Transaction Date 6/6/2012 Wells Fargo 10100 Total $2,343.00 Refer 79 TRUE VALUE, MOUND (PW PKS) Cash Payment E 602- 49450 -221 Equipment Parts TRIMMER LINE $18.16 Invoice 93592 5/11/2012 Project 12 -3 Cash Payment E 602 -49450 -210 Operating Supplies GFCI OUTLETS, SUPER SHOCK $30.96 Invoice 93721 5/15/2012 Cash Payment E 602- 49450 -220 Repair /Maint Supply INSECT KILLER, CLEANER $12.80 Invoice 93190 5/1/2012 Cash Payment E 602 - 49450 -220 Repair /Maint Supply HEX BUSHING, GALV COUPLING, GALV $6.49 NIPPLE Invoice 93993 5/21/2012 Cash Payment E 101 - 45200 -409 Other Equipment Repair SCREWS, NUTS, BOLTS FOR BOAT $3.84 Invoice 93771 5/16/2012 Tr Date 6/6/2012 Wells F 13$4- 10100 Total $72.25 MOUND, MN 06/07/1211:48 AM Payments Page 12 CITY OF MOUND Current Period: June 2012 Refer 80 TRUE VALUE, MOUND (PW PKS) Cash Payment E 101 - 45200 -220 Repair / Maint Supply SPRINKLER HOSE $22.43 Invoice 093868 5/18/2012 Cash Payment E 101 - 43100 -210 Operating Supplies Cash Payment E 602 -49450 -220 Repair / Maint Supply DWV ADAPTERS, PVC ADJ TRAP $16.61 Invoice 093891 5/18/2012 STREETS CRACK FILLER CRS -2 480 G $583.43 Cash Payment E 601 - 49400 -210 Operating Supplies 40 LB TOP SOIL $15.97 Invoice 093899 5/18/2012 STREETS CRACK FILLER CRS -2 480 G $501.30 Cash Payment E 285 - 46388 -220 Repair / Maint Supply TRASH BAGS, PINE SOL CLEANER FOR $29.90 Transaction Date 6/5/2012 PARKING DECK MTCE $1,713.48 Invoice 094115 5/24/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $84.91 Refer 81 TRUE VALUE, MOUND (PW PKS) _ 5/18/2012 Cash Payment E 602 -49450 -230 Shop Materials SILLCOCK, COPPER ELBOWS $40.59 Invoice 094273 5/29/2012 Project 12 -3 Cash Payment E 602 -49450 -230 Shop Materials CREDIT RETURN SILLCOCK, COPPER -$2.36 Invoice 094278 5/29/2012 Cash Payment E 101 -43100 -210 Operating Supplies Invoice 094344 5/30/2012 Cash Payment E 101 - 43100 -210 Operating Supplies Invoice 094345 5/30/2012 Cash Payment E 602 -49450 -210 Operating Supplies Invoice 093152 4/30/2012 Cash Payment E 285 - 46388 -220 Repair / Maint Supply Invoice 094407 6/1/2012 Transaction Date 6/6/2012 ELBOWS Project 12 -3 PUTTY KNIFE $7.03 AA & 9V BATTERIES $26.15 CREDIT GLOVES, SILICONE SPRAY INVCE - $18.73 #093152 TOILET BOWL CLEANER, FORMULA 409 $16.00 FOR PARKING DECK MTCE Wells Fargo 10100 Total $68.68 Refer 44 VANCE BROTHERS Cash Payment E 101 - 43100 -224 Street Maint Materials STREETS CRACK FILLER CRS -2 480 G $628.75 Invoice 22297 5/24/2012 Cash Payment E 101 -43100 -224 Street Maint Materials STREETS CRACK FILLER CRS -2 480 G $583.43 Invoice 22222 5/18/2012 Cash Payment E 101 -43100 -224 Street Maint Materials STREETS CRACK FILLER CRS -2 480 G $501.30 Invoice 22182 5/15/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $1,713.48 Refer 45 WACON/A FARM AND HOME SUPP Cash Payment E 601 - 49400 -224 Street Maint Materials CUSTOM SUN SHADE GRASS SEED $104.73 Invoice 7955 5/18/2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $104.73 Refer 77 WEBER, VICKI Cash Payment E 222 -42260 -210 Operating Supplies REIMBURSE FIREFIGHTER PHOTOS $215.27 PRINTED @ TARGET & PROEX - V. WEBER Invoice 061212 5/31/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $215.27 Refer 46 WESTONKA MECHANICAL CONTR Cash Payment E 601- 49400 -220 Repair / Maint Supply Invoice 35036 5/31/2012 WOODFORD SILLCOCK 12" AUTO DRAINING $202.20 WALL HYDRANT -1385- MOUND, MN 06/07/1211:48 AM Page 13 Payments CITY OF MOUND Current Period: June 2012 Transaction Date 6/5/2012 Wells Fargo 10100 Total $202.20 Refer 126 ZIELINSKI, JOANNE Cash Payment G 101 -23150 New Construction Escrow REFUND NEW CONSTRUCTION ESCROW J. $5,000.00 ZIELINSKI, 5000 EDGEWATER DRIVE Invoice 061212 6/6/2012 Cash Payment G 101 -23007 Erosion Control Escrow REFUND EROSION CONTROL ESCROW J. $1,000.00 ZIELINSKI, 5000 EDGEWATER DRIVE Invoice 061212 6/6/2012 _ Transaction Date 6/7/2012 Wells Fargo 10100 Total $6,000.00 Fund Summary Pre - Written Check $0.00 Checks to be Generated by the Computer $178,705.21 Total $178,705.21 -1386- 10100 Wells Fargo 101 GENERAL FUND $57,089.93 222 AREA FIRE SERVICES $16,623.57 281 COMMONS DOCKS FUND $74.46 285 MOUND HRA $45.90 601 WATER FUND $8,114.84 602 SEWER FUND $87,061.12 609 MUNICIPAL LIQUOR FUND $816.63 670 RECYCLING FUND $5,088.76 675 STORM WATER UTILITY FUND $3,790.00 $178,705.21 Pre - Written Check $0.00 Checks to be Generated by the Computer $178,705.21 Total $178,705.21 -1386- MOUND, MN 06/08/12 8:05 AM Page 1 Payments CITY OF MOUND Current Period: June 2012 Batch Name 061212HWS User Dollar Amt $178,677.03 Payments Computer Dollar Amt $178,677.03 $0.00 In Balance Refer 2 AMUNDSON, M. LLP Cash Payment E 609- 49750 -256 Tobacco Products For R TOBACCO PRODUCTS $808.50 Invoice 132768 6/6/2012 Cash Payment E 609 - 49750 -256 Tobacco Products For R TOBACCO PRODUCTS $606.18 Invoice 131992 5/23/2012 Transaction Date 6/7/2012 Wells Fargo 10100 Total $1,414.68 Refer 1 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609- 49750 -255 Misc Merchandise For R ICE Invoice 381215415 6/2/2012 $68.35 Cash Payment E 609 - 49750 -265 Freight FREIGHT Invoice 381215415 6/2/2012 $119.91 Cash Payment E 609- 49750 -255 Misc Merchandise For R ICE Invoice 379215204 5/31/2012 $35.75 Cash Payment E 609 - 49750 -255 Misc Merchandise For R ICE Invoice 379214617 5/25/2012 $19.99 Cash Payment E 609 - 49750 -265 Freight FREIGHT Invoice 379215204 5/31/2012 $115.43 Cash Payment E 609- 49750 -265 Freight FREIGHT Invoice 379214617 5/25/2012 $71.95 Cash Payment E 609 - 49750 -255 Misc Merchandise For R ICE Invoice 379213806 5/17/2012 $157.00 Cash Payment E 609 - 49750 -265 Freight FREIGHT Invoice 379213806 5/17/2012 $5.70 Transaction Date 6/6/2012 Wells Fargo 10100 $261.60 $1.00 $114.48 $180.92 $1.00 $1.00 $130.50 $1.00 Total $691.50 Refer 2 BELLBOY CORPORATION Cash Payment E 609 - 49750 -210 Operating Supplies BAGS, SUCKERS, SLEEVES $68.35 Invoice 86752800 5/16/2012 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $119.91 Invoice 86842200 6/4/2012 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $35.75 Invoice 86808300 5/25/2012 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $19.99 Invoice 86816400 5/30/2012 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX $115.43 Invoice 86816000 5/30/2012 Cash Payment E 609 - 49750 -210 Operating Supplies BAGS $71.95 Invoice 86816000 5/30/2012 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $157.00 Invoice 86772100 5/18/2012 Cash Payment E 609 - 49750 -255 Misc Merchandise For R MERCHANDISE $5.70 Invoice 86772100 5/18/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $594.08 Refer 3 BE LLBOY CORPORATION Cash Payment E 609- 49750 -253 Wine For Resale Invoice 73752300 6/1/2012 FILTHNIA -1387- $438.00 MOUND, MN 06/08/12 8:05 AM Page 2 Payments CITY OF MOUND Current Period: June 2012 Cash Payment E 609- 49750 -265 Freight FREIGHT $12.30 Invoice 73752300 6/112012 Cash Payment E 609- 49750 -252 Beer For Resale BEER Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $5,306.02 Invoice 73766000 6/4/2012 $58.70 Invoice 10791 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $432.00 Invoice 73752300 6/1/2012 5/31/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT $12.30 Invoice 73752300 6/1/2012 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $6,242.44 Invoice 73699700 5/30/2012 Cash Payment E 609- 49750 -265 Freight FREIGHT $68.46 Invoice 73699700 5/30/2012 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $763.55 Invoice 73675400 5/25/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT $12.30 Invoice 73675400 5/25/2012 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $7,607.76 Invoice 73593400 5/21/2012 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,636.02 Invoice 73534700 5/16/2012 Cash Payment E 609 - 49750 -265 Freight FREIGHT $28.41 Invoice 73534700 5/16/2012 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $704.84 Invoice 73581700 5/18/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT $7.75 Invoice 73581700 5/18/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $24,272.15 Refer 4 BELLBOY CORPORATION Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR CREDIT - $269.50 Invoice 73507400 5/14/2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE $270.00 Invoice 72729800 3/27/2012 Cash Payment E 609 -49750 -265 Freight FREIGHT $9.30 Invoice 72729800 3/27/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $9.80 Refer 5 BERNICKS BEVERAGES AND VEN Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $170.60 Invoice 10079 5/23/2012 Cash Payment E 609- 49750 -252 Beer For Resale BEER $1,857.50 Invoice 10080 5/23/2012 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX $58.70 Invoice 10791 5/31/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $378.00 Invoice 10792 5/31/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $567.00 Invoice 52638 5/18/2012 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $62.30 Invoice 11279 6/6/2012 -1388- MOUND, MN 06/08/12 8:05 AM / Payments Page 3 CITY OF MOUND Refer 6 COCA COLA BOTTLING- MIDWEST Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX -COCA COLA PRODUCTS $356.32 Invoice 0118055107 5/24/2012 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX -COCA COLA PRODUCTS CREDIT - $12.60 Invoice 0118055108 5/24/2012 Transaction Date 6/7/2012 Wells Fargo 10100 Total $343.72 Refer 7 DAHLHE/MER BEVERAGE LLC _ Cash Payment E 609 - 49750 -252 Beer For Resale BEER $834.30 Invoice 1024858 5/21/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $693.50 Invoice 1024951 6/4/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $1,527.80 Refer 8 DAY DISTRIBUTING COMPANY Cash Payment E 609- 49750 -252 Beer For Resale BEER $80.70 Invoice 651855 5/22/2012 Cash Payment E 609- 49750 -252 Beer For Resale BEER $4,599.25 Invoice 651854 5/22/2012 Cash Payment E 609- 49750 -252 Beer For Resale BEER $3,367.00 Invoice 653080 5/30/2012 Cash Payment E 609- 49750 -252 Beer For Resale BEER $1,882.80 Invoice 653890 615/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER CREDIT - $52.80 Invoice 47934 4/27/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER CREDIT - $17.60 Invoice 47934 4/27/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $9,859.35 Refer 9 EXTREME BEVERAGE Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $346.50 Invoice W- 552506 5/30/2012 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $241.00 Invoice W- 545504 5/16/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $587.50 Refer 10 HOHENSTE/NS, INCORPORATED Cash Payment E 609- 49750 -252 Beer For Resale BEER $258.50 Invoice 600849 5/15/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $816.00 Invoice 602854 5/30/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $1,074.50 Refer 11 JJ TAYLOR. DISTRIBUTING MINN Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 1767142 5/15/2012 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX Invoice 1801647 5/29/2012 $7,748.15 $77.60 -1389- MOUND, MN 06/08/12 8:05 AM /1 Page 4 Payments CITY OF MOUND Current Period: June 2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $47.00 Invoice 1767148 5/15/2012 Invoice 1298502 5/16/2012 Cash Payment E 609- 49750 -252 Beer For Resale BEER $3,759.90 Invoice 1801625 5/29/2012 Invoice 1298499 5/16/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $4,310.90 Invoice 1801675 6/5/2012 Invoice 1298500 5/16/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,723.00 Invoice 1767199 5/22/2012 Invoice 1298503 5/16/2012 Cash Payment E 609- 49750 -252 Beer For Resale BEER $25.50 Invoice 1801633 5/29/2012 Invoice 534378 5/11/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $140.00 Invoice 1801645 5/29/2012 Refer 13 JOHNSON BROTHERS LIQUOR Cash Payment E 609 - 49750 -252 Beer For Resale BEER $298.20 Invoice 1801617 5/23/2012 5/23/2012 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $157.60 Invoice 1801600 5/22/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $19,287.85 Refer 12 JOHNSON BROTHERS LIQUOR Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $25.15 Invoice 1298502 5/16/2012 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $5,130.86 Invoice 1298499 5/16/2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $3,465.30 Invoice 1298500 5/16/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $39.25 Invoice 1298503 5/16/2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE CREDIT - $32.00 Invoice 534378 5/11/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $8,628.56 Refer 13 JOHNSON BROTHERS LIQUOR Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $5,642.53 Invoice 1303941 5/23/2012 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX $32.49 Invoice 1303944 5/23/2012 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $90.75 Invoice 1303943 5/23/2012 Cash Payment E 609- 49750 -253 Wine For Resale WINE $3,223.05 Invoice 1303942 5/23/2012 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,320.63 Invoice 1304398 5/24/2012 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $73.50 Invoice 1305447 5/25/2012 Cash Payment E 609 - 49750 -265 Freight FREIGHT $1.47 Invoice 1305447 5/25/2012 Transaction Date 6/7/2012 Wells Fargo 10100 Total $10,384.42 Refer 14 JOHNSON BROTHERS LIQUOR Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $4,020.63 Invoice 1310369 5/31/2012 -1390- _ MOUND, MN 06/08/12 8:05 AM Page 5 Payments CITY OF MOUND Current Period: June 2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE $3,817.20 Invoice 1310370 5/31/2012 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $64.50 Invoice 1310371 5/31/2012 5/17/2012 Transaction Date 6/7/2012 Wells Fargo 10100 Total $7,902.33 Refer 16 MARLIN S TRUCKING DELIVERY Invoice 8350469 5/17/2012 Cash Payment E 609 -49750 -265 Freight DELIVERY SVCS 5 -3 -12 $185.90 Invoice 26523 5/3/2012 Invoice 8349803 5/14/2012 Cash Payment E 609 - 49750 -265 Freight DELIVERY SVCS 5 -7 -12 $99.40 Invoice 26533 5/7/2012 Invoice 8349803 5/14/2012 Cash Payment E 609 - 49750 -265 Freight DELIVERY SVCS 5 -10 -12 $150.70 Invoice 26551 5/10/2012 Cash Payment E 609 - 49750 -265 Freight DELIVERY SVCS 5 -17 -12 $338.00 Invoice 26570 5/17/2012 Cash Payment E 609 - 49750 -265 Freight DELIVERY SVCS 5 -21 -12 $81.20 Invoice 26580 5/21/2012 Cash Payment E 609 -49750 -265 Freight DELIVERY SVCS 5 -24 -12 $346.75 Invoice 26599 5/24/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $1,201.95 Refer 17 M/NNEHAHA BUILDING MA/NTENA Cash Payment E 609- 49750 -440 Other Contractual Servic WASH WINDOWS INSIDE & OUT 5 -7 -12 $65.19 Invoice 921098043 5/27/2012 Transaction Date 6/7/2012 Wells Fargo 10100 Total $65.19 Refer 18 MINNESOTA PUBLISHING Cash Payment E 609 - 49750 -340 Advertising 1/4 PAGE AD JUNE 12 WEST LAKE $130.00 BUSINESS PUBLICATION Invoice 14374 5/31/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $130.00 Refer 19 MUZAK - MINNEAPOLIS Cash Payment E 609 - 49750 -440 Other Contractual Servic JUNE MUSIC SERVICES $108.94 Invoice AA64247 6/1/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $108.94 Refer 15 OLVALDE FARM & BREWING CO. Cash Payment E 609 -49750 -252 Beer For Resale BEER $168.00 Invoice 428 6/5/2012 Transaction Date 6/7/2012 Wells Fargo 10100 Total $168.00 Refer 20 PAUSTIS AND SONS WINE COMPA Cash Payment E 609 - 49750 -252 Beer For Resale BEER $184.20 Invoice 8349805 5/14/2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $604.00 Invoice 8350469 5/17/2012 Cash Payment E 609 - 49750 -265 Freight FREIGHT $8.75 Invoice 8350469 5/17/2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $922.00 Invoice 8349803 5/14/2012 Cash Payment E 609- 49750 -265 Freight FREIGHT $16.25 Invoice 8349803 5/14/2012 -1391- MOUND, MN Payments CITY OF MOUND Current Period: June 2012 Transaction Date 6/6/2012 Wells Fargo 10100 06/08/12 8:05 AM Page 6 Total $1,735.20 Refer 21 PAUSTIS AND SONS WINE COMPA Cash Payment Cash Payment E 609 - 49750 -253 Wine For Resale WINE $1,584.02 Invoice 8350809 5/21/2012 5/16/2012 Cash Payment E 609 - 49750 -265 Freight FREIGHT $31.25 Invoice 8350809 5/21/2012 $1,231.30 Invoice 2241536 Cash Payment E 609- 49750 -253 Wine For Resale WINE $1,277.49 Invoice 8351825 5/29/2012 E 609 -49750 -252 Beer For Resale BEER Cash Payment E 609- 49750 -265 Freight FREIGHT $20.00 Invoice 8351825 5/29/2012 Cash Payment Cash Payment E 609 -49750 -265 Freight FREIGHT $20.00 Invoice 8352704 6/4/2012 5/16/2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,212.98 Invoice 8352704 6/4/2012 $4,466.30 Invoice 2245073 Cash Payment E 609 -49750 -253 Wine For Resale WINE $729.02 Invoice 8351428 5124/2012 E 609 - 49750 -253 Wine For Resale wine Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $57.00 Invoice 8351794 5/29/2012 Cash Payment Cash Payment E 609 - 49750 -265 Freight FREIGHT $2.25 Invoice 8351794 5/29/2012 Transaction Date 617/2012 Wells Fargo 10100 Total $4,934.01 Refer 22 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $381.10 Invoice 2241538 5/16/2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,231.30 Invoice 2241536 5/16/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $139.70 Invoice 2241537 5/16/2012 Cash Payment E 609 -49750 -253 Wine For Resale WINE $56.00 Invoice 2241540 5/16/2012 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $4,466.30 Invoice 2245073 5/23/2012 Cash Payment E 609 - 49750 -253 Wine For Resale wine $692.65 Invoice 2245071 5/23/2012 Cash Payment E 609 -49750 -253 Wine For Resale wine $238.00 Invoice 2245072 5/23/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $7,205.05 Refer 23 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $0.00 Invoice 2249605 5/31/2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $372.55 Invoice 2249606 5/31/2012 Cash Payment E 609- 49750 -252 Beer For Resale BEER $76.95 Invoice 2249607 5131/2012 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $981.75 Invoice 2249608 5/31/2012 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $41.95 Invoice 2249609 5/31/2012 -1392- Refer 24 R. C. ELECTRIC, INCORPORATED LIQUOR $1,047.50 Cash Payment E 609 -49750 -400 Repairs & Maintenance ADD NEW OUTLET FOR COOLERS 5 -30 -12 $280.19 Invoice 3380 6/1/2012 WINE $128.00 Transaction Date 6/7/2012 Wells Fargo 10100 Total $280.19 Refer 25 SHANKEN COMMUNICATIONS, INC 5/18/2012 Cash Payment E 609 -49750 -255 Misc Merchandise For R WINE SPECTATOR PUBLICATIONS 5 -31 -12 $15.00 $150.70 Invoice 692609 EDITION Invoice 926976 5/21/2012 E 609 -49750 -252 Beer For Resale BEER T— n¢orhinn nnfo F /F /9n19 Wells Faroo 10100 Total $15.00 Refer 26 SOUTHERN WINE & SPIRITS OF M Cash Payment E 609 - 49750 -253 Wine For Resale Invoice 1802489 5/17/2012 Cash Payment E 609 - 49750 -251 Liquor For Resale Invoice 1771740 5/17/2012 Cash Payment E 609 - 49750 -253 Wine For Resale Invoice 1802518 5/24/2012 Cash Payment E 609- 49750 -251 Liquor For Resale Invoice 1771777 5/24/2012 Cash Payment E 609 - 49750 -251 Liquor For Resale Invoice 1797024 6/1/2012 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 1798852 5/24/2012 Cash Payment E 609 - 49750 -253 Wine For Resale Invoice 1798863 6/1/2012 Cash Payment E 609 - 49750 -253 Wine For Resale Invoice 1802547 6/1/2012 Transaction Date 6/6/2012 WINE $1,006.00 LIQUOR $1,047.50 WINE $184.00 LIQUOR $1,476.62 LIQUOR $2,530.72 WINE $128.00 WINE $204.00 WINE $632.00 Wells Fargo 10100 Total $7,208.84 Refer 27 THORPE DISTRIBUTING COMPAN Cash Payment E 609 - 49750 -252 Beer For Resale BEER $1,739.00 Invoice 690904 5/17/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $421.00 Invoice 689913 5/18/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $150.70 Invoice 692609 5/29/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $705.00 Invoice 00773087 5/29/2012 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $18.00 Invoice 693802 6/5/2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $150.60 Invoice 693259 6/1/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $139.50 Invoice 693802 6/5/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $2,995.10 Invoice 00750634 6/5/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $7,611.90 Invoice 692610 5/29/2012 -1393- Refer 28 MOUND, MN 06/08/12 8:05 AM Page 8 $236.00 Payments E 609 - 49750 -253 Wine For Resale CITY OF MOUND $2,104.01 Invoice 0057655 Current Period: June 2012 FREIGHT Cash Payment E 609 - 49750 -252 Beer For Resale BEER $139.50 Invoice 00750622 5/22/2012 $51.25 Invoice 0057655 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $8,039.20 Invoice 691398 5/22/2012 E 609 -49750 -251 Liquor For Resale LIQUOR Cash Payment E 609 - 49750 -252 Beer For Resale BEER $479.40 Invoice 693258 5/1/1212 $452.00 Cash Payment Transaction Date 6/6/2012 Wells Fargo 10100 Total $22,588.90 Refer 28 V/NOCOPIA, INCORPORATED WINE $236.00 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $2,104.01 Invoice 0057655 6/1/2012 FREIGHT $8.40 Cash Payment E 609- 49750 -265 Freight FREIGHT $51.25 Invoice 0057655 6/1/2012 WINE $436.00 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $267.50 Invoice 0057655 6/1/2012 WINE $452.00 Cash Payment E 609 -49750 -253 Wine For Resale WINE $72.00 Invoice 0057263 5/24/2012 FREIGHT $8.40 Cash Payment E 609- 49750 -265 Freight FREIGHT $5.00 Invoice 0057263 5/24/2012 FREIGHT $8.40 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $141.34 Invoice 0057263 5/24/2012 Wells Fargo 10100 Total $1,149.20 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $72.00 Invoice 0056881 5/17/2012 Cash Payment E 609- 49750 -265 Freight FREIGHT $2.50 Invoice 0056881 5/17/2012 Cash Payment E 609 - 49750 -265 Freight CREDIT -$2.50 Invoice 0056352 5/8/2012 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR CREDIT - $175.25 Invoice 0056352 5/8/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $2,537.85 Refer 29 WINE COMPANY Cash Payment E 609 -49750 -253 Wine For Resale WINE $236.00 Invoice 300845 5/31/2012 Cash Payment E 609 - 49750 -265 Freight FREIGHT $8.40 Invoice 300845 5/31/2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $436.00 Invoice 300383 5/24/2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $452.00 Invoice 299745 5/17/2012 Cash Payment E 609- 49750 -265 Freight FREIGHT $8.40 Invoice 300383 5/24/2012 Cash Payment E 609- 49750 -265 Freight FREIGHT $8.40 Invoice 299745 5/17/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $1,149.20 Refer 31 WINE CONNECT Cash Payment E 609 - 49750 -340 Advertising JUNE 2012 HWS WEBSITE $95.12 Invoice 979 6/1/2012 Transaction Date 6/7/2012 Wells Fargo 10100 Total $95.12 Refer 30 WINE MERCHANTS - - 1394- Transaction Date 6/6/2012 Wells Fargo 10100 Total $15.00 Refer 33 MOUND, MN 06/08/12 8:05 AM Page 9 Payments E 609 -49750 -252 Beer For Resale CITY OF MOUND $3,885.28 Invoice 899001 Current Period: June 2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $844.00 Invoice 409468 5/16/2012 $71.10 Invoice 899002 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,401.75 Invoice 410610 5/24/2012 E 609 - 49750 -252 Beer For Resale BEER Cash Payment E 609 - 49750 -265 Freight FREIGHT $20.58 Invoice 410610 5/24/2012 Cash Payment Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa WATER & SODA $79.00 Invoice 409469 5/16/2012 5/23/2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $2,268.50 Invoice 411461 5/31/2012 $21.50 Invoice 902177 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $15.75 Invoice 411462 5/31/2012 E 609 -49750 -252 Beer For Resale BEER Transaction Date 6/6/2012 Wells Fargo 10100 Total $4,629.58 Refer 32 WINE NEWS INCORPORATED Cash Payment Cash Payment E 609 -49750 -255 Misc Merchandise For R WINE ENTHUSIAST JUNE 2012 $15.00 Invoice 905168 PUBLICATIONS Invoice 925678 5/18/2012 Cash Payment E 609- 49750 -252 Beer For Resale Transaction Date 6/6/2012 Wells Fargo 10100 Total $15.00 Refer 33 WIRTZ BEVERAGE MN BEER Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,885.28 Invoice 899001 5/16/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $71.10 Invoice 899002 5/16/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $288.00 Invoice 899003 5/16/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $5,372.68 Invoice 902176 5/23/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $21.50 Invoice 902177 5/23/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $348.00 Invoice 902942 5/24/2012 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,751.64 Invoice 905168 5/30/2012 Cash Payment E 609- 49750 -252 Beer For Resale BEER $380.00 Invoice 905169 5/30/2012 Cash Payment E 609- 49750 -252 Beer For Resale BEER $64.50 Invoice 905170 5/30/2012 Cash Payment E 609- 49750 -252 Beer For Resale BEER $370.00 Invoice 905171 5/30/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $5,786.33 Invoice 908324 6/6/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $142.50 Invoice 908325 6/6/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $735.20 Invoice 908326 6/6/2012 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $370.00 Invoice 908327 6/6/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $19,586.73 Refer 34 WIRTZ BEVERAGE MN WINE SP/RI _ - 1395- $178,677.03 Pre - Written Check $0.00 Checks to be Generated by the Computer $178,677.03 Total $178,677.03 -1396- MOUND, MN 06/08/12 8:05 AM / -- Payments Page 10 CITY OF MOUND Current Period: June 2012 Cash Payment E 609- 49750 -253 Wine For Resale WINE $2,223.60 Invoice 746601 5/17/2012 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $3,962.86 Invoice 746599 5/17/2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $47.95 Invoice 746602 5/17/2012 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,677.13 Invoice 749812 5/24/2012 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $64.12 Invoice 746600 5/1712012 Cash Payment E 609 -49750 -253 Wine For Resale WINE $899.50 Invoice 749814 5/24/2012 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $33.38 Invoice 749813 5/24/2012 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $1,224.04 Invoice 752842 5/31/2012 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX $60.33 Invoice 752843 5/31/2012 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $1,958.67 Invoice 752844 5/31/2012 Transaction Date 6/6/2012 Wells Fargo 10100 Total $13,151.58 Refer 35 Z WINES USA LLC _ Cash Payment E 609 - 49750 -253 Wine For Resale WINE $160.00 Invoice 11113 5/31/2012 Cash Payment E 609- 49750 -265 Freight FREIGHT $5.00 Invoice 11113 5/31/2012 Transaction Date 617/2012 Wells Fargo 10100 Total $165.00 Fund Summary 10100 Wells Fargo 609 MUNICIPAL LIQUOR FUND $178,677.03 $178,677.03 Pre - Written Check $0.00 Checks to be Generated by the Computer $178,677.03 Total $178,677.03 -1396- MOUND CITY COUNCIL MINUTES May 22, 2012 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 22, 2012, at 7:00 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers Kelli Gillispie, Ray Salazar, David Osmek and Heidi Gesch Others present: City Attorney John Dean, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Acting City Manager Catherine Pausche, City Attorneys Melisa Manderschied and Julie Eddington, Fire Chief Greg Pederson, Roger Brandel, Duane Norberg, Sean Royer, Johann Chemin, Rnady & Amy Grunow, David Paquette, Tom LaVoie, Mike Regan, Beverly Paine, David Thompson Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:00 p.m. 2. Pledae of Alleaiance 3. Approve agenda Hanus indicated that Item 9 should have been included in the Miscellaneous, and requested that Item 9 be omitted and added to Item 11. MOTION by Osmek, seconded by Gesch to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Gesch requested the removal of Item H for discussion. MOTION by Gesch, seconded by Osmek to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $148,474.38 B. ORDINANCE NO. 03 -2012: AN ORDINANCE AMENDING ORDINANCE NO. 08 -2003 IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D /B /A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MOUND C. ORDINANCE NO. 04 -2012: AN ORDINANCE AMENDING ORDINANCE NO. 05 -2003 IMPLEMENTING A GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO FOR PROVIDING GAS SERVICE WITH THE CITY OF MOUND D. Approve Pay Request No. 5 from Minger Construction, Inc., in the amount of $18,236.92 for work completed on the 2011 Lift Station Improvement Project, City Project PW -11 -03 E. Approve the following liquor license renewals, contingent upon receipt of all required forms, fees, and certificates of insurance: -1397- Mound City Council Minutes — May 22, 2012 On -Sale Liquor — AI & Alma's Supper Club Corp. Willette Companies, LLC (dba Carbone's Pizzeria Bar & Grill) Sunday On -Sale Liquor — Al & Alma's Supper Club Corp. Willette Companies, LLC (dba Carbone's Pizzeria Bar & Grill) American Legion Post 398 Club On -Sale Ligour: American Legion Post 398 Off -sale 3.2 Malt Beverages — PDQ Food Stores, Inc. Northern Tier Retail, LLC (dba SuperAmerica #4194) F. Approve permits for the Spirit of the Lakes Festival (with fee waivers) Temporary On -sale Liquor License for July 14, 2012 Temporary On -sale Liquor License for July 19 -22, 2012 Parade Permit for July 21, 2012 Temporary Sign Permit G. RESOLUTION NO. 12-44: RESOLUTION APPROVING EXPANSION PERMIT FOR 2650 LAKEWOOD LANE H. (removed) I. RESOLUTION NO. 12-45: RESOLUTION AMENDING AND REPLACING RESOLUTION 08 -103, APPROVING VARIANCE FOR 1558 DOVE LANE J. RESOLUTION NO. 12-46: RESOLUTION DESIGNATING HANDICAPPED PARKING ON A PORTION OF HANOVER ROAD 4H. Sign Variance for Mound MarketPlace Gesch indicated that she wanted this pulled from the consent agenda because she previously indicated she was in favor of the color variance, but not the size variance. Osmek also indicated he didn't have a problem with changing to color, but did not agree with the size variance. MOTION by Hanus, seconded by Salazar to adopt the following resolution. The following voted in favor: Gillispie, Salazar, Hanus. The following voted against: Gesch and Osmek. Motion carried. RESOLUTION NO. 12-47: RESOLUTION AMENDING RESOLUTION NO. 03-12, APPROVING SIGN AREA VARIANCE AND MODIFYING CONDITION TO ALLOW USE OF COLOR FOR TENANT SIGNAGE AREA IDENTIFICATION SIGN AT MOUND MARKETPLACE 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Resolution expressing appreciation to City Attorney John Dean MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 12-48: RESOLUTION EXPRESSING APPRECIATION TO CITY ATTORNEY JOHN DEAN Mayor Hanus read the resolution aloud and thanked Mr. Dean for his years of service to the City of Mound. He also introduced Melissa Manderschied, the attorney from Kennedy & Graven that will now be serving as our City Attorney. I &S -11 Mound City Council Minutes — May 22, 2012 7. Grant for Fire Department Patters Roger Brandel, area manager for CenterPoint Energy presented a Community Partnership Grant Check in the amount of $1,000 to Fire Chief Pederson for Fire Department pagers. 8. Consideration of proposed Walgreens Redevelopment Proiect applications /requ from Semper Development for certain parcels in vicinity of SW corner of Commerce and Lynwood Blvds. The Council will conduct the public hearings concurrently for the rezoning, conditional use permit, preliminary plat -major subdivision, and vacation of public alley. Mayor Hanus called the public hearing to order at 7:13 p.m. Rita Trapp of Hoisington Koegler Group reviewed the following requests from Semper Development: Subdivision exemption; Alley vacation; Rezoning; CUP including specific sign program; Preliminary plat; and Final plat Semper Development has submitted development plans for the redevelopment of the corner of Lynwood and Commerce Blvds. The site area is 1.3 acres, or 56,494 square feet. It involves the removal of an existing 15 -unit apartment building and four commercial buildings. The redevelopment of this site is entirely private with willing sellers. The project includes the construction of a 14,378 square foot Walgreens and plans for a 1,010 square foot future tenant building. The development also involves a land transfer between the applicant and the Hennepin County Regional Rail Authority to modify the amount of right -of -way surrounding the Dakota Rail Regional Trail located immediately south of the project site. Trapp reviewed the process, signage, lighting, building fagade entrances, landscaping, and park dedication. She indicated that the Planning Commission and City Staff recommend approval of the six resolutions and one ordinance presented, and noted that Kennedy & Graven supplied the plat opinion. Mayor Hanus opened the hearing up to public comment. Johann Chemin, 6039 Beachwood Road, presented the issue he has with parking. He feels that the parking being proposed is more than what is necessary. He also questioned whether this proposal is pedestrian friendly, and that is not valid as a Pedestrian Planned Unit Development. He also stated that there is prime exposure for solar panels and this would be good for business and set a good example for the community. Sarah Smith answered by stating that there is no set parking standard in the Pedestrian District, and that the parking designed for this site is less than what the code would require in a B -1 zone. Hanus stated that this is a mixed commercial use, this qualifies as mixed use and doesn't have to have residential included. Duane Norberg, 6015 Aspen Road, stated this is not user /pedestrian friendly as proposed. There is no access from the Commerce or Lynwood and he asked why they couldn't put an entrance off at least one of those streets. Hanus stated that that issue was discussed at length and feels that if Walgreens thinks they're losing business because they don't have a door there, they can and probably will add one there. -1399- Mound City Council Minutes — May 22, 2012 Mike Regan, owner of Porta Del Sol restaurant, asked the Mayor about the comment he made in the City Contract that there would probably be a bistro /small cafe in the stand alone building, and previously when he had an application in to the City, Hanus stated that there would be no bistros /small cafes in this town. Hanus stated that this use had been suggested, but it is up to Walgreens who they sell that building to, and what they use it for. Beverly Paine, 5709 Lynwood Blvd. made the Council aware of an issue she has with the removal of one of the driveways for the apartment buildings, and the added use that puts on the other driveway that is close to hers. She stated there won't be enough parking and her property will be affected. Osmek stated that one of the apartments will be removed, along with its driveway and thus the need for parking will be reduced by half. He also commented that emergency vehicles have access to her house from Lynwood, and if need be, hoses would reach to the rear. He also stated that if people are parking in her driveway, she need so take action and have them towed. It was indicated that City Staff work with Ms. Paine on her issue. David Thompson, 6108 Bartlett Blvd, asked how much the Council and developer spend on trying to put the business on Auditors Road. He asked if the City suggested the proposed site for the development, or did Semper choose the location. Hanus told him that Semper came in with a development plan for the Lynwood /Commerce site. This was the site they desired after doing their due diligence. Tom Lavoie, 6549 Bartlett Blvd, stated he thinks the design is terrific, he loves the fagade with the turrets, the materials, windows, etc. He is really happy that Walgreens is considering this project and would like to see this thing go forward. He commended Sarah Smith on her work, and thanked the Council for pursing this, and for their service to the community. Johann Chemin, 6039 Beachwood Road, asked the Mayor to explain how he can view this as pedestrian when it's a traffic oriented business. Hanus stated that downtown business must cater to pedestrian and auto traffic. If we didn't cater to any care traffic, we will be a ghost town like years ago. He then explained the definition of a pedestrian planned unit development. Chemin then restated his issue with the plan offering too much parking. After no further comment, Mayor Hanus closed the public hearing at 8:48 p.m. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 12-49: RESOLUTION GRANTING APPROVAL OF A SUBDIVISION EXEMPTION MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 12 -50: RESOLUTION GRANTING APPROVAL OF AN ALLEY VACATION -1400- Mound City Council Minutes — May 22, 2012 MOTION by Osmek, seconded by Salazar to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 05 -2012: AN ORDINANCE APPROVING REZONING OF CERTAIN PARCELS FROM B -1 CENTRL BUSINESS DISTRICT AND R -3 MULTIPLE FAMILY RESIDENTIAL TO PEDESTRIAN PLANNED UNIT DEVELOPMENT DISTRICT MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 12 -51: RESOLUTION GRANTING APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 12 -52: RESOLUTION GRANTING APPROVAL OF PRELIMINARY PLAT /MAJOR SUBDIVISION FOR CONNER GREEN ADDITION MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 12 -53: RESOLUTION GRANTING APPROVAL OF FINAL PLAT /MAJOR SUBDIVISION FOR CONNER GREEN ADDITION 9. Approval of minutes MOTION by Salazar, seconded by Osmek to approve the minutes of the April 11, 2012 special meeting, the May 1, 2012 special meeting, the May 8, regular meeting, and the May 15, 2012 special meeting. All voted in favor. Motion carried. 10. Information /Miscellaneous A.. Comments /reports from Councilmembers /City Manager B. Minutes: Docks & Commons Comm. — 4/19/12 Planning Commission — 4/3/12 Parks & Open Space Comm. - 5/10/12 C. Reports: Resolution from St. Boni regarding cooperative fire protection D. Correspondence: Letter from Lake Minnetonka Conservation District E. Article: Public Health & Preventive experts recommend against privatization of retail alcohol sales in places that currently have government control 11. Adiourn MOTION by Osmek, seconded by Salazar to adjourn at 8:54 p.m. All voted in favor. Motion carried. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk -1401- MOUND CITY COUNCIL MINUTES May 29, 2012 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday, May 29, 2012, at 6:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers Kelli Gillispie, Ray Salazar, David Osmek and Heidi Gesch Others present: Community Development Director Sarah Smith, Howard Bergerud, Stephanie Bolles, Blaze Fugina. 1. Open meeting Mayor Hanus called the meeting to order at 6:30 p.m. 2. Approval of resolution adopting Comp Plan Amendment Mayor Hanus stated that the items on the agenda tonight are relative to a project that has been before the Council before, and discussed at length. MOTION by Salazar, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 12 -54: RESOLUTION ADOPTING THE MOUND COMPREHENSIVE PLAN AMENDMENT FOR WALGREENS REDEVELOPMENT PROJECT AND PUTTING THE COMPREHENSIVE PLAN AMENDMENT INTO EFFECT 3. Approval of resolution terminating CUP MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO.12 -55: RESOLUTION TERMINATING CONDITIONAL USE PERMIT (CUP) APPROVED BY RESOLUTION NO. 90 -72 BY THE CITY COUNCIL ON JULY 30, 1990, AND RECORDED IN THE OFFICE OF THE REGISTRAR OF TITLES OF HENNEPIN COUNTY, MINNESOTA ON NOVEMBER 1, 1990, AS DOCUMENT NO. 2134072 4. Adjourn MOTION by Osmek, seconded by Salazar to adjourn at 6:32 p.m. All voted in favor. Motion carried. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk -1402- MEMORANDUM TO: Honorable Mayor and City Council FROM: Jim Fackler, Public Works Superintendent DATE: May 15, 2012 RE: Public Lands Alteration Permit — Proposal for sumac and brush removal project on Devon Common by William C. Dahlen, 4555 Island View Drive Mound, MN 55364 Request for Public Lands Permit. City Code Section 62 -11 regulates use of public lands in the City of Mound and states that construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land permit is issued. Summary of Request. William C. Dahlen of 4555 Island View Drive Mound, MN 55364, is requesting approval of a Public Lands Alteration Permit application so as to undertake an sumac and brush removal along Devon Common adjacent to his home. City Department Review. Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. All written comments received to date have been summarized below: Public Works Superintendent Jim Fackler 1. All sumac and brush is to be removed and disposed of off site from Devon Common. 2. Notification of staff, Jim Fackler, Public Works Superintendent, 612 - 221 -6812, 48 hour before the work is to be performed and schedule a meeting on site for review. 3. Applicant is responsible for all costs incurred. -1403- Public Works Director, Carlton Moore 1. No Comment Public Works Supervisor Ray Hanson 1. Applicant to get utility locations prior to work. Police Chief, Dean Mooney 1. No Comment Fire Chief, Greg Pederson 1. No Comment City Manager, Kandis Hanson 1. No Comment Staff recommendation. Approve with the staff stipulations listed above. -1404- CITY OF MOUND RESOLUTION NO. 12- RESOLUTION APPROVING A PUBLIC LANDS ALTERATION PERMIT FOR WILLIAM C. DAHLEN TO REMOVE SUMAC AND BRUSH FROM DEVON COMMON WHEREAS, the applicant, William C. Dahlen 4555 Island View Drive Mound, MN 55364, is seeking a Public Lands Alteration Permit to undertake removal of sumac and brush along Devon Common adjacent to his property. WHEREAS, City Code Section 62 -11, requires City Council approval by a majority vote for construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park or commons; and WHEREAS, details regarding the request are contained in the Public Lands Alteration Permit Report dated April 30, 2012; and WHEREAS, based on its review, Staff recommended approval of the Public Lands Alteration Permit subject to conditions; and WHEREAS, the City Council considered this request at their meeting of Tuesday, June 12, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve the Public Lands Alteration Permit as submitted by William C. Dahlen of 4555 Island View Drive Mound, MN 55364 to conduct stenciling of removal of sumac and brush as outlined in the Public Lands Application dated April 30, 2012 with the following conditions;. 1) All sumac and brush is to be removed and disposed of off site from Devon Commons. 2) Notification of staff, Jim Fackler, Public Works Superintendent, 612 - 221 -6812, 48 hours before the work is to be performed and schedule a meeting on site for review. 3) Applicant is to be responsible for all costs incurred. 4) Applicant to locate all utilities prior to work. Adopted by the City Council this 12th day of June, 2012. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk -1405- 5341 Maywood Road Mound, MN 55364 (952) 472 -0600 MEMORANDUM To: Honorable Mayor and City Council Date: June 6, 2012 Re: 2012 Spirit of the Lakes Temporary Sign Permit Surfside Sand Volleyball Tournament SUMMARY Kelli Gillispie, on behalf of the 2012 Spirit of the Lakes committee, is requesting approval of a temporary sign permit to allow placement of signage associated with the Surfside Sand Volleyball Tournament being held in July. The following banner locations are being requested: • County Road 110 at Bartlett Boulevard (west side of CR 110) • County Road 15 at Norwood Lane (southeast corner) • Hubers Funeral Home • Bartlett Boulevard and Wilshire Boulevard Details regarding the request are contained in the attached permit application. An additional request was made by City Manager Kandis Hanson to allow the use of special event signs for a period beyond the standard five day allowance (June 20 —July 15). Waiver of the temporary permit application fee is also being requested. RECOMMENDATION City staff recommends approval of the sign permit as requested, including extended time periods and fee waiver subject to the following conditions: 1. The applicant shall work with Staff to evaluate all proposed sign locations. The applicant shall be responsible for obtaining permission from the current property owner for sign placement on private property. 2. All signage is removed immediately following the event. 3. No signs can be placed within any county road right of way unless approval is granted by Hennepin County. 4. No sign shall be placed in the sight triangle or obstruct vehicle or pedestrian traffic. Sign placement shall be subject to field modification by Mound Staff, if needed. -1406- 5341 Maywood Road, Mound, MN 55364 Phone 952 -472 -0600 Fax 952 - 472 -0620 SEASONAL, BANNER, & PORTABLE SIGN PERMIT APPLICATION SITE Property Address Zone Business Name Phone APPLICANT Name Email Phone Fax Other OWNER Name Phone Fax Other SIGN Company Name CONTRACTOR Address Contact Person V. - m L aZ:k Email Phone M7,, Q. L g Fax Other See City Code Chapter 119-4 ❑ Seasonal Sign $25 - Dates from.to' Size feet x T feet = sf Message _ Seasonal Signs - Seasonal signs of a temporary or portable nature may be used in the non - residential districts to promote or advertise on- premise seasonal services or merchandise. Such signs shall be limited to a maximum of X thirty -two (32) square feet and shall not be left in place for more than a two (2) month period. Permits and fees shall be required for all seasonal signs, and permits may be issued no more than two (2) times per calendar year per business. Banner /Pennant $25 - Dates from to Describe event Sign locations (list or attach map) 3 3 Temporary banners and pennants employed for grand openings or business establishments, special events or promotions and holidays are not exempt from permits and fees and shall be removed within fifteen (15) days upon permit issuance unless an alternate schedule is approved by the City Council. Temporary banners and pennants are prohibited from being placed upon any decorative fencing unless the banner or pennant is used in conjunction with a government, a quasi - public function, or similar - related special event. Permits for banners and pennants can be issued no more than four (4) times per calendar year. ❑ Portable Sign (no fee) - Dates from to Number of signs Sign locations (list or attach map) Describe sign (message, materials, etc.) -1407- Portable Signs used for the purpose of directing the public may be permitted under the following conditions: (a) Said sign is coincidental to, or used in conjunction with, a governmental unit or quasi - public function; and (b) The period of use of said sign shall not exceed ten (10) consecutive days; and (c) Signs shall not be used more than four (4) times during a calendar year; and (d) Signs shall be placed on the premises of the advertised event and /or on such other premises following approval of a temporary sign permit by the City of Mound. Administrative approval of a portable sign permit is permitted if the following conditions are met: 1. The sign is not being placed on public property. 2. Written permission from the property owner of record is provided if being located off- premises. 3. The criteria reference in subsections (a), (b), and (c) above are met. 4. The proposed location of the sign is reviewed and deemed acceptable by Mound Staff, which shall include the Police, Planning, and Engineering Departments, based on the following criteria: • The sign is not being placed in the road right -of -way. • The sign does not obstruct the sight triangle for pedestrian or vehicular traffic. • Placement of the sign does not create any potential traffic or other related hazard; and (e) Portable sign placement on public property requires City Council approval; and (f) Such signs shall require the issuance of a permit but will be exempt from all fees; and (g) In the instance of a multi -use facility, only one seasonal sign may be placed on the premises at any one time. Applicants are advised that incomplete applications or insufficient information can delay the processing of the permit request or may result in the application being rejected. Please fully complete all involved sections of the application and provide as much detail as possible, including, but not limited to, the proposed locations of signs, using addresses or landmarks, and written permission from the property owner for off -site locations. ATURE DATE (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: RECEIV BY & DATE PLANS CHECKED BY APPROVED BY & DATE COPIED APPROVED ZONING II Juste 6, 2012 Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 Chaska, MN 55318 -1172 Phone (952) "8 -8838 • Fax (952) 448 -8805 www.bolton- menk.com City of Mound Honorable Mayor and Members of the City Council 5341 Maywood Road Mound, MN 55364 RE: Agreement for Professional Services Honorable Mayor and Council Members: I NCB Attached is the updated Consulting City Engineering Services agreement between the City of Mound and Bolton & Menk, Inc. Under the terms of the Agreement we are respectfully requesting a three -year extension. Despite many increasing business expenses, as a company, we work very diligently at providing you high quality services as efficiently as possible. This commitment has enabled us to increase our aggregate hourly rates for our Chaska office staff an average of only 1.5% per year for the past five years! In addition, we have continued the municipal discount for key staff working in your community as provided for in the original contract which offers hourly rate reductions from 30% to over 50% for certain key staff members working on general city matters. We sincerely appreciate your confidence in our engineering abilities and we take pride in the significant infrastructure improvements completed in Mound with you and your wonderful staff. We look forward to continuing our relationship with the City of Mound and working hard for you and your community for the next three years! Respectfully Submitted, BOLTON & MENK, INC. Kreg J. Schmidt, P.E. Vice President -1409 - DESIGNING FOR A BETTER TOMORROW Balton & Menk is an equal opportunity employer. AGREEMENT FOR PROFESSIONAL SERVICES CONSULTING CITY ENGINEERING SERVICES CITY OF MOUND, MINNESOTA This Agreement, made this the day of , 2012, by and between the City of Mound, Minnesota, 5341 Maywood Road, Mound, MN 55364 -1687, hereinafter referred to as CLIENT, and Bolton & Menk, Inc., 2638 Shadow Lane, Suite 200, Chaska, MN 55318 -1172, hereinafter referred to as CONSULTANT. WITNESS, whereas the CLIENT requires professional engineering and surveying services in association with providing Consulting City Engineering Services and whereas the CONSULTANT agrees to furnish the various professional services required by the CLIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: SECTION I - CONSULTANT'S SERVICES A. The CONSULTANT agrees to perform professional engineering and surveying services as described in Exhibit I. B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described in Exhibit I or as described in Paragraph IV.B. SECTION II - THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use, Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CLIENT will assist the CONSULTANT in determining the extent to which the information provided may be relied upon to perform CONSULTANT'S services. C. The CLIENT will work with the CONSULTANT to obtain entry upon both public and private lands effected by and associated with CONSULTANT'S services. -1410- 1 of l l D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in CONSULTANT'S services. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to CONSULTANT'S services. F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of CONSULTANT'S services. G. The CLIENT will work with the CONSULTANT as needed to apply for any and all regulatory permits required for the proper and legal execution of CONSULTANT'S services. H. The CLIENT will hire, when requested by the CONSULTANT, an independent testing company to perform laboratory and material testing services, and soil investigation that can be justified to complete a proper design and the CONSULTANT'S services. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. SECTION III - COMPENSATION FOR SERVICES A. COMPENSATION CHARGE METHODOLOGY Compensation for all services performed by the CONSULTANT on behalf of the CLIENT in accordance with Exhibit I will be on an hourly basis in accordance with the 2012 Billing Schedules included below. B. HOURLY BILLING SCHEDULES 2012 Hourly Billing Schedule For Key Mound Staff Kev Individual* Hourly Rate Special Rater* Dan Faulkner, Consultant City Engineer .. ............................... $ 142 65 Sheila Krohse, Assistant Consultant City Engineer ................ $ 99 $ 55 Primary Resident Project Representative (RPR) * ** ............... $ 82 $ 55 John Swanson, Senior Project Engineer ... ............................... $ 126 Nate Stadler, Licensed Surveyor .............. ............................... $ 110 Bob Bean, Water Resources Engineer ...... ............................... $ 98 Josh Eckstein, Design Engineer ................ ............................... $ 94 * Any modifications to the list of Key Individuals prior to the end of contract period shall be approved by the CLIENT. * *Applies to non- project related general city engineering services: Dan Faulkner — first 20 hours per month Sheila Krohse — first 10 hours per month -1411 - 2of 11 Primary RPR — first 10 hours per month * ** The CLIENT must approve the Primary RPR to be used by the CONSULTANT. 2012 Hourly Billing Schedule For General Staff Principal Engineer /Surveyor .................. ............................... ....................$ 175 /Hour Senior Associate Engineer /Surveyor ........ ............................... ..................$110 150 /Hour Senior Project Manager /Engineer .......... ............................... ....................$100 1 Associate Engineer /Surveyor ................................................. ...................$ 140 /Hour Project/Design Engineer ........................................................ ...................$ 105 /Hour LicensedSurveyor .......................................................... ...........................$ 120 /Hour ProjectSurveyor .................................................................... ....................$55- 95/Hour SeniorTechnician .................................................................. ...................$ 115 /Hour Technician ................................................................... ............................... $ 50- 85 Resident Field Technician ..................................................... ....................$ 85 /Hour Clerical............................................................................. .........................$ -65 /Ho City Council Meetings/Planning Commission Attendance ... ....................$60/Meeting GPS /Robotic Survey Equipment .................................. ............................... No Charge ComputerTime ............................................................ ............................... No Charge OfficeSupplies ............................................................ ............................... No Charge Photocopying .............................................................. ............................... No Charge FieldSupplies .............................................................. ............................... No Charge Mileage ........................................................................ ............................... No Charge Hourly charges for work completed are based on hours spent at the hourly rates in effect for the individuals performing the work. The hourly rates vary according to skill and experience. The Hourly Billing Schedules identified herein shall apply for the period through 2012. These rates may be adjusted annually thereafter to account for changed labor costs, inflation or changed overhead conditions. The hourly rates identified herein include labor, general business and other normal and customary expenses associated with operating a professional business and include vehicle and personal expenses, mileage, telephone, cell phone, survey stakes and routine expendable supplies; and no separate charges will be made for these activities and materials. Extraordinary expenses beyond the agreed scope of services and non - routine expenses, such as outsourced photocopying/reproductions, out - sourced graphics, document recording fees, and permit fees will be pre - approved and invoiced separately. C. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates and methodology. -1412 - 3 of 11 SECTION IV - GENERAL A. STANDARD OF CARE Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar conditions. B. CHANGE IN SERVICE SCOPE In the event the CLIENT changes or is required to change the scope of the CONSULTANT'S services as described in Section I and/or the applicable addendum, and such changes require Additional Services by the CONSULTANT, the CONSULTANT shall be entitled to compensation at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such additional services. The CLIENT may request an estimate of additional cost from the CONSULTANT, and upon receipt of the request, the CONSULTANT shall furnish such, prior to authorization of the changed scope of work. C. LIMITATION OF LIABILITY CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials, agents and employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligence act or omission by CONSULTANT'S employees, agents, or subconsultants. In no event shall CLIENT be liable to CONSULTANT for consequential, incidental, indirect, special, or punitive damages. CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligence act or omission by CLIENT'S employees, agents, or consultants. In no event shall CONSULTANT be liable to CLIENT for consequential, incidental, indirect, special, or punitive damages. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this Agreement are being performed solely for the CLIENT'S benefit and no other entity shall have any claim against the CONSULTANT because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of the paragraph. Nothing in this Section shall be construed as a waiver of any liability limits or immunities contained in Minnesota Statutes, Chapter 466. D. INSURANCE The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage. The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, general liability insurance -1413 - 4of11 coverage insuring CONSULTANT against claims for bodily injury, death or property damage arising out of CONSULTANT'S general business activities (including automobile use). The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $1,000,000. During the period of service provision, the CONSULTANT also agrees to maintain, at CONSULTANT'S expense, Professional Liability Insurance coverage insuring CONSULTANT against damages for legal liability arising from an error, omission or negligent act in the performance of professional services required by this Agreement, providing that such coverage is reasonably available at commercially affordable premiums. For purposes of this Agreement, "reasonably available" and "commercially affordable" shall mean that more than half of the design professionals practicing in this state in CONSULTANT'S discipline are able to obtain coverage. The professional liability insurance policy shall provide coverage for each occurrence in the amount of $1,000,000 and annual aggregate of $1,000,000 on a claims -made basis. In addition, the consultant shall name the CLIENT an additional insured and maintain this status during the term of this Agreement. The CONSULTANT shall provide CLIENT with certificates of insurance, showing evidence of required coverages. E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of construction cost will generally be based upon public construction cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the CLIENT and the CONSULTANT does not warrant or guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project financing should be based upon contracted construction costs with appropriate contingencies. F. CONSTRUCTION SERVICES It is agreed that the CONSULTANT and its representatives shall not be responsible for the means, methods, techniques, schedules or procedures of construction selected by the contractor or the safety precautions or programs incident to the work of the contractor. G. USE OF ELECTRONIC /DIGITAL DATA Because of the potential instability of electronic /digital data and susceptibility to unauthorized changes, copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by CONSULTANT. Except for electronic /digital data which is specifically identified as a project deliverable by this AGREEMENT or except as otherwise explicitly provided in this AGREEMENT, all electronic /digital data developed by the CONSULTANT as part of the CONSULTANTS services are acknowledged to be an internal working document for the CONSULTANT'S purposes solely and any such information provided to the CLIENT shall be on an "AS IS" basis strictly for the convenience of the CLIENT without any warranties of any kind. As such, the CLIENT is advised and acknowledges that use of such information may require substantial modification and independent verification by the CLIENT (or its designees). Provision of electronic /digital data, whether required by this Agreement or provided as a convenience to the Client, does not include any license of software or other systems necessary to read, use or reproduce the information. It is the responsibility of the CLIENT to verify compatibility with its system and long- term stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of -1414 - 5 of 11 or resulting from third party use or any adaptation or distribution of electronic /digital data provided under this AGREEMENT, unless such third party use and adaptation or distribution is explicitly authorized by this AGREEMENT or subsequent agreement(s). H. REUSE OF DOCUMENTS Drawings and Specifications and all other documents (including electronic and digital versions of any documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are instruments of service in respect to the Project and CONSULTANT shall retain an ownership interest therein. Upon payment of all fees owed to the CONSULTANT, the CLIENT shall acquire an ownership interest in all identified deliverables, including Plans and Specifications, for any reasonable use relative to the Project and the general operations of the CLIENT. CLIENT may make and disseminate copies for information and reference in connection with the use and maintenance of the Project by the CLIENT. However, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project and any reuse other than that specifically intended by this AGREEMENT will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT. I. CONFIDENTIALITY CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than CONSULTANT'S employees and subconsultants any information obtained from CLIENT not previously in the public domain or not otherwise previously known to or generated by CONSULTANT. These provisions shall not apply to information in whatever form that comes into the public domain through no fault of CONSULTANT; or is furnished to CONSULTANT by a third party who is under no obligation to keep such information confidential; or is information for which the CONSULTANT is required to provide by law or authority with proper jurisdiction; or is information upon which the CONSULTANT must rely for defense of any claim or legal action. PERIOD OF AGREEMENT This Agreement will remain in effect for a period of three (3) years or after which time the Agreement may be extended upon mutual agreement of both parties. K. PAYMENTS If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days after date of the CONSULTANT'S invoice, a service charge of one and one -half percent (1.5 %) per month or the maximum rate permitted by law, whichever is less, will be charged on any unpaid balance. In addition after giving seven days' written notice to CLIENT, CONSULTANT may, without waiving any claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT, suspend services and withhold project deliverables due under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges. L. TERMINATION In addition to the right of termination granted client in paragraph TA. this Agreement may be terminated by either party for any reason, which reason shall be deemed legally sufficient, or for convenience by either party upon thirty (30) days written notice, hi the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing including payment for services performed or furnished to the date and time of -1415 - 6 of 11 termination, computed in accordance with Section III of this Agreement. M. CONTINGENT FEE The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from award or making of this Agreement. N. NON - DISCRIMINATION The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants and vendors are treated without regard to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital status, public assistance status or any other characteristic protected by federal, state or local law. O. CONTROLLING LAW This Agreement is to be governed by the law of the State of Minnesota. P. DISPUTE RESOLUTION CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of thirty (30) days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall first be submitted to mediation by a mediator mutually agreeable to the parties. CONSULTANT and the CLIENT agree to require an equivalent mediation process governing all contractors, sub - contractors, suppliers, consultants, and fabricators concerned with this Agreement. The parties reserve all rights and remedies available to them at law or in equity in the event the dispute is not resolved by mediation. Q. SURVIVAL All obligations, representations and provisions made in or given in Section IV of this Agreement will survive the completion of all services of the CONSULTANT under this Agreement or the termination of this Agreement for any reason. R. SEVERABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. S. RECORD KEEPING -1416 - 7of11 Pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5, CONSULTANT agrees that the books, records, documents, and accounting procedures and practices of CONSULTANT, that are relevant to the contract or transaction, are subject to examination by the CLIENT and either legislative auditor or the state auditor for a minimum of six years. CONSULTANT shall maintain such records for a minimum of six years after final payment. Pursuant to Minnesota Statutes, Section 13.05, Subdivision 11, all of the data created, collected, received, stored, used, maintained, or disseminated by CONSULTANT in performing this Agreement is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and CONSULTANT must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes, Section 13.08, apply to CONSULTANT. CONSULTANT does not have a duty to provide access to public data to the public if the public data are available from the CLIENT. T. ADDITIONAL TERMS AND CONDITIONS 1. The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in the same without prior written consent of the CLIENT. 2. For the purposes of this Agreement, the CONSULTANT shall be deemed to be an independent contractor and not an employee of the CLIENT. Any and all agents, servants or employees of the CONSULTANT or other person, while engaged in the performance of any work or services required to be performed by the CLIENT under this Agreement, shall not be considered employees of the CLIENT and any and all actions which arise as a consequence of any act or omission on the part of the CONSULTANT, its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the CLIENT. The CONSULTANT, its agents, servants or employees shall be entitled to none of the rights, privileges or benefits of the CLIENT employees, except as otherwise may be stated herein. 3. The CONSULTANT further agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the CONSULTANT'S performance of the provisions of this Agreement. 4. If, for any reason, the CONSULTANT shall fail to fulfill in timely and proper manner the obligations under this Agreement, the CLIENT shall reserve the right to terminate this Agreement by specifying the date of termination in a written notice to the CONSULTANT at least thirty (30) calendar days before the termination date. In this event, the CONSULANT shall be entitled to just and equitable compensation for any satisfactory work completed. 5. No official or employee of the CLIENT who exercises any responsibilities in the review, approval or carrying out of this Agreement shall participate in any decision which affects his or her direct or indirect personal or financial interest. 6. All communications in writing between the parties shall be deemed to have been received by the addressee if delivered to the other party, or if sent by post or by facsimile addressed as noted above in this Agreement. 7. Neither the CLIENT nor CONSULTANT shall assign this Agreement without the prior consent in writing of the other. -1417 - 8 of 11 SECTION V - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: City of Mound, Minnesota CONSULTANT: Bolton & Menk, Inc. By: Printed Name: Title: Date: Attest: Printed Name: Title: Date: By: Printed Name: Title: Date: Attest: Printed Name: Title: Date: -1418 - 9of11 EXHIBIT I CONSULTING CITY ENGINEERING SERVICES CITY OF MOUND, MINNESOTA In accordance with the Request for Proposals dated October 14, 2005, the CONSULTANT will furnish the following Consulting City Engineering Services, as requested and authorized by the CLIENT: A. General and Project Management • Assist in planning, coordinating, supervising and evaluating programs, plans, services, equipment and infrastructure • Develop and recommend policies and procedures for effective operation of the department consistent with city policies and relevant laws, rules and regulations and ensures council actions are implemented. • Evaluate public works needs and formulates short and long range plans to meet needs in all areas of public works improvements, including but not limited to streets, water, sewer, storm drainage, street lights, parks and buildings • Direct engineering activities on projects and oversees project management for the construction of the municipal public works projects • Ensure that costs and fees are charged back to development projects; work with the Finance Director to monitor charges and revenues associated with development projects • Assist with the preparation of annual engineering budget and monitors expenditures B. Construction Services (Public and Private Projects) • Plan and review construction projects and specifications • Monitor the construction process for compliance with codes, regulations, standards and with approved plans; assure financial accountability of private projects as they relate to escrows and letters of credit. Provide advice to the City during performance of construction projects and shall give consideration and advice to the City during the performance of services • Prepare and review construction plans • Review bids and prepare bid tabulations • Perforni construction staking and surveying C. Preparation of Engineering Reports and Technical Correspondence • Determine the need for preliminary studies, reviews all preliminary studies for compliance with ordinances, comprehensive plans, engineering standards and financial guidelines including: • Feasibility reports • Construction inspection • Assist with assessment rolls • Plat review • Utility studies • Traffic studies • State aid reports -1419 - 10of11 • Storm water system analysis and Management Plan • Capital Improvement Planning studies • Prepare comments regarding reports, plans and studies of other agencies • Present feasibility studies at public meetings D. Participate in City meetings, including: • Internal and external meetings involving engineering questions and issues • Meet with developer and members of the public on proposed development projects, in order to relate the processes and procedures involved with engineering and infrastructure development. Review development proposals for conformance with City Standards • Act as City liaison and City representative with other communities and county, state and federal agencies in areas of responsibility • Attend City Council meetings and work sessions, as needed • Attend Parks, Open Space and Docks Advisory Commission, and Planning Commission meetings, as needed • Attend other City meetings, as needed E. Respond to Constituent Requests and Issues as Directed by Staff • Perform field inspections • Address constituent concerns personally and in writing • Make public presentations • Provide recommendations to staff and City Council -1420- 11 of 11 I 9;z=PC> L - r (=> r-- , j & NA ;== r- t-<,, Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 - Chaska, MN 55318 -1172 Phone (952) 448 -8838 • Fax (952) 448 -8805 www.bolton- menk.com June 6 2012 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 RE: Island View Dr. — Windsor Rd. City Project No. PW -12 -07 Pay Request No. 3 Dear Ms. Hanson: Watermain Loop Improvement Project Please find enclosed Pay Request No. 3 from Minncomm Utility Construction Company for work completed on the Watermain Loop Improvement Project from April 28, 2012 through May 25, 2012. All work is complete but we have not received the required lien waivers, so we are still withholding 5 percent retainage. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $24,649.41 to Minncomm Utility Construction Company. Sincerely, BOLTON & MENKK, INC. NZ V Z�z 44 � ��- Daniel L. Faulkner, P.E. City Engineer DLF /dlp cc: Carlton Moore, Director of Public Works Catherine Pausche, Director of Finance HAMOUNIC 1210325411_ CorreslD. Docs12012 -06 -06 Ltr of Reedn, Pay Reqt No. 3,doc DESIGNING FOR A BEl7ER TOMORROW Bolton & Menk is an equal opportunity employer -1421- DATE: 5/25/2012 CONTRACTOR PAY REQUEST NO. 3 CONTRACTOR Minncomm ISLAND VIEW DR. - WINDSOR RD, WATERMAIN LOOP OWNER City of Mound CITY PROJECT NOS. PW-12-07 ENGINEER Bolton & Menk BMI PROJECT NO. C12.103254 FOR WORK COMPLETED FROM 412812012 THROUGH 5125/2012 TOTALAMOUNT BID ......... —.— . ............. ............................. .. ............................ ...... .............................................. $ 96,817.50 APPROVED CHANGE ORDERS ........ -- ............. ......... I. ---, ......... I ....... .......... .......... -'-1-1- $ CURRENT CONTRACT AMOUNT..,..... . ........... ....... ...... -- ...... $ 95,817.50 TOTAL COMPLETED WORK TO DATE ..................................................................... .......I. ......... .............. $ 84,714.25 TOTAL, STORED MATERIALS TO DATE ........................................................... ............. ....... -­ ......................... $ - DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED... .................... .................... ....... $ - TOTAL, COMPLETED WORK & STORED MATERIALS ........ ....... .............................................. . ............ ........... 84,714.25 RETAINED PERCENTAGE 6% ) ............. . ............ .; ................ ................. I ............. ........ $ 4,236.71 TOTAL AMOUNT OF OTHER DEDUCTIONS..... ............................... ............ NET AMOUNT DUE TO CONTRACTOR TO DATE— ...................... - .......... .......... .......... ............... $ 80,478.54 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES .......... 11- .... .......... — ....... ............. — ....... $ 55,829.13 PAY CONTRACTOR AS ESTIMATE 3.. ....... ;: v ....... ...... ............ ........ $ 24,649.41 Certificate for Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing Is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been compiled with and that all claims against me by reason of the Contract have been paid or satisfactorily secured, Contractor: Minncornm Utility Construction Company 1949 Shady Acres Lane Mora, MN 55051 By Name Title Date CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & ME INC., ENGINEERS, 2638 SHADOW LN, SUITE 200, CHASKA MN 55318 By PROJECT ENGINEER Daniel L. Faulkner Date & /& / 1"7' APPROVED FOR PAYMENT: Owner: CITY OF MOUND By Name Title Date -1422- PER => L- 7 rC>" 81L. NA E " 1-< I Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com June 6, 2012 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 RE: 2012 Street, Utility, Lift Station and Retaining Wall Improvement Project City Project Nos. PW- 12 -01, 12-03, 12-04 Pay Request No. I Dear Ms. Hanson: Please find enclosed Pay Request No. I from GMH Asphalt Corporation for work completed on the 2012 Street, Utility, Lift Station and Retaining Wall Improvement Project from May 14, 2012 through June 1, 2012. We have reviewed the contractor's request, verified quantities and recommend payment in the amount of $221,161.22 to GMH Asphalt Corporation. Sincerely, BOLTON & MEND, INC. J Daniel L. Faulkner, P.E. Mound City Engineer cc: Carlton Moore, Director of Public Works Catherine Pausche, Director of Finance -1423- DATE. 61612012 CONTRACTORS PAY REQUEST NO. 1 CONTRACTOR GMH Asphalt Corp. 2012 STREET IMPROVEMENTS OWNER City of Mound CITY PROJECT NOS. PW- 12 -01, 12 -03, 12 -04 ENGINEER Bolton & Menk BMI PROJECT NO. C12,103970 FOR WORK COMPLETED FROM 5114/2012 THROUGH 6t112012 TOTALAMOUNT BID ...... ........ .......................................... ........................................................................•. $ 3,542,611.68 APPROVED CHANGE ORDERS... ...... CURRENT CONTRACT AMOUNT.. ........ ...... ......... ........... ...... $ 3,542.611.158 TOTAL, COMPLETED WORK TO DATE.. ........ ....... ..................... . .................... ........................... 232,801.28 TOTAL, STORED MATERIALS TO DATE ...... .............. ................... ......... ............ ,, , < ,; > ........I............... $ DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED ........... .................. ......... ......... ........... $ - TOTAL, COMPLETED WORK & STORED MATERIALS.. —,— ...... ............. ....... I ................................ $ 232,801.28 RETAINED PERCENTAGE 5% ..... ........1. 1-1;-- ................. ........ .............. -- ......... $ 11,640.06 TOTAL AMOUNT OF OTHER DEDUCTIONS._.... ......... ......._. ...... ....... ........................ ........... $ - NET AMOUNT DUE TO CONTRACTOR TO DATE ..... —.,— ............... --- .......................... ..................... ...... $ 221,161.22 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES,..............._.. - .............. ....... ......... I ........ $ - PAY CONTRACTOR AS ESTIMATE NO. I.... ........... ....... ......... ............ -- ....... $ 221,161.22 Certificate for Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provislons of M. & 290.92 have been compiled with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor. GMH Asphalt Corporation 9180 Lake Town Road Chaska, MN 55318 By Name Title Date CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & ME INC.. ENGI ERS, 2638 SHADOW LN, SUITE 200, CHASKA MN 55318 By PROJECT ENGINEER Daniel L. Faulkner Date 6 /& IIX_ APPROVED FOR PAYMENT' Owner: CITY OF MOUND By Name Title Date -1424- Consulting. Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318 -1172 Phone (952) 448 -8838 - Fax (952) 448 -8805 wwwbolton- menk.com June 7, 2012 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 RE: 2012 Seal Coat & Crack Sealing Project City Project No. PW -12 -06 Dear Mayor and Members of the Council: An important part of maintaining and extending the life of the newly reconstructed City streets, completed under the 10 -year Street Reconstruction Program, is to seal surface cracks and seal the surface mat with a mixture of oil emulsion and rock chips. The time when this is typically completed is between the 5 and 7` year after a street has been reconstructed. The City has completed such projects the past two years, including the Three Points Area in 2010 and the Highlands area in 2011. This year, due to less available fiends, we are proposing a smaller overall project. The proposed area includes the Shirley Hills area (2007 Street Reconstruction area streets south of Shoreline Boulevard). Depending upon the bid prices we receive to complete this work, we may be able to add the City Hall and Public Safety parking lots. Since the total available project funding is $80,000, we are proposing to receive quotes for both the Crack Sealing work and the Seal Coat work. There are only a small number of contractors that do this type of work, so receiving quotes will enable the City to receive competitive bids without the cost of advertising. The work will be specified to be completed over a designated number of continuous days during the summer months. The crack sealing work will be completed first followed by the seal coating of the same streets. Advance notice will be provided to the affected property owners so that the contractor will have access to the entire street. The process is completed in a very short timeframe, so access limitations will be minimal. There will be some dust, oil and rock chips to contend with but every effort will be made to keep this to a minimum. I t is my recommendation that the Council approve the attached Resolution authorizing the 2012 Seal Coat and Crack Sealing Project and directing staff to receive quotes for the project. Sincerely, Bolton & Menk, Inc. Daniel L. Faulkner, P.E. Mound City Engineer cc: Carlton Moore, Director of Public Works DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer -1425- CITY OF MOUND RESOLUTION NO. 12- RESOLUTION AUTHORIZING THE 2012 SEAL COAT AND CRACK SEALING PROJECT (PW- 12 -06) AND DIRECTING STAFF TO RECEIVE QUOTES FOR THIS PROJECT WHEREAS, the City Engineer has estimated that the proposed project cost for the 2012 Seal Cost and Crack Sealing Project is less than $100,000; and WHEREAS, this area was included in the early years of the City's Street Reconstruction Project; and WHEREAS, it is recommended that seal coating and crack sealing be completed between the 5th and 7 th year after a street has been reconstructed, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to authorize the 2012 Seal Coat and Crack Sealing Project as recommended, and to direct staff to receive quotes for this project. Adopted by the City Council this 12 day of June, 2012. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk -1426- Executive Summary TO: Mound City Council, Planning Commission and Staff FROM: Rita Trapp, Consulting City Planner Sarah Smith, Community Development Director DATE: June 7, 2012 SUBJECT: PC Case 12 -12 - Request from Westonka Animal Hospital for Conditional Use Permit for 2125 Commerce Boulevard for purposes of an animal hospital and site modifications for Mound Marketplace REQUEST SUMMARY The applicants, Craig and Jacqueline Piepkorn from Westonka Animal Hospital, have submitted development plans for the use of the 4,000 square foot north building in Mound Marketplace for a veterinary hospital. A conditional use permit is required as the Destination District identifies animal hospitals as a conditional use. In addition, Mound Marketplace is a planned unit development (PUD) with a conditional use permit. As the applicants are proposing to revise the parking, landscaping and site plan for the area around the building, the conditional use permit needs to be reviewed and approved. The applicant is not proposing to expand the existing 4,000 square foot building. PROCEDURAL ITEMS As required by City Code Section 121 -39, the City Council will hold a public hearing on the conditional use request. The required public hearing notice has been published and noticed in accordance with Minnesota State Statutes and City Code. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission reviewed this case at their May 14 meeting. As noted in the minutes attached, the Planning Commission voted unanimously to recommend approval of the conditional use permit. PLAN REVISIONS The applicants have met with adjacent business owners since the May 14 Planning Commission Meeting to discuss the proposed plans and address concerns. As a result of those discussions the plans have undergone revisions. As shown in the set dated June 7, 2012, the landscaped area for Westonka's clients has been reconfigured and reduced. The turf area continues to be adjacent to the building with a black vinyl chain link fence surrounding it. As shown on the landscape plan, the landscaped area will 1 :_14 7 _ Third Street, Suite 100, Minneapolis, Minnesota 55401 (612)38 -0800 Fax (612) 338 -6838 have a number of shrubs and perennials. There will also be four trees throughout the reconstructed site. The revised site plan will essentially maintain the same number of overall parking stalls. Four will be removed from the main parking area while five will be added adjacent to the animal hospital building with one being a handicapped stall. This has been achieved by modifying the curved traffic lane. The applicant is also adding a drop -off lane in front of the building. As part of the site reconfiguration, the applicant will be moving the existing trash enclosure to a new location. Rather than within the landscaped area it will be between the parking spaces and the edge of the property. The applicant is requesting that the trash enclosure be able to be constructed of cedar. RECOMMENDATION As both the Planning Commission and Staff recommended approval of the requests, Staff has prepared the attached resolution for your consideration. Staff recommends approval of the resolution with their findings of fact and conditions. 1:_142 Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 38 -0800 Fax (612) 338 -6838 CITY OF MOUND • RESOLUTION NO. 12 -_ RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW WESTONKA ANIMAL HOSPITAL AND SITE MODIFICATIONS TO MOUND MARKETPLACE SHOPPING CENTER WHEREAS, the applicants, Craig and Jacqueline Piepkorn, have submitted an application for a conditional use permit requesting the operation of an animal hospital and site modifications to Mound Marketplace; and, WHEREAS, the property owner consented to the application; and WHEREAS, subject site is located at the northwest corner of Commerce Boulevard and Lynwood Boulevard; and, WHEREAS, the subject site is guided Destination District in the Comprehensive Plan and zoned Destination Planned Unit Development (PUD) District; and, WHEREAS, Mound Marketplace is an existing planned unit development which was authorized by Resolution #01 -13; and, WHEREAS, City Code Subsection 129 -140 identifies animal hospital as a conditional use for the Destination -PUD District; and WHEREAS, the applicants are proposing to make changes to Mound Marketplace as described in the Executive Summary, Planning Report, and submitted applications and materials provided by the applicant; and WHEREAS, the proposed parking lot modifications will change the drive aisles and parking spaces around the building. The number of total parking spaces for Mound Marketplace will continue to meet the requirement of at least 337 spaces; and WHEREAS, the applicants are proposing to add a small turfed landscaped area to the west of the building for their clients' animals; and WHEREAS, the Planning Commission reviewed the conditional use permit application at its May 14, 2012 meeting and recommended Council approval, subject to conditions, as recommended by Staff; and, WHEREAS, the City Council held a public hearing at its June 12, 2012 meeting to receive public testimony on the proposed conditional use permit application;'and, WHEREAS, the City has considered the proposed project as it might affect public health, safety or welfare and will be imposing conditions upon the approval addressing these considerations; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: • JUNE 12, 2012 CITY COUNCIL REGULAR AGENDA ITEM 6 p6u - men t Pk�& 1 u J-q -14 31 The City Council of the City of Mound does hereby approve the conditional use permit based on the following findings of fact: • a. The physical characteristics of the site are suitable for the type of development and use being proposed. b. The proposed development will not negatively impact the public health, safety or welfare of the community. c. The conditional use will not be iniurious to the use and enioyment of other Property in the immediate vicinity for the purposes already permitted, no substantially diminish and impair property values within the immediate vicinity. d. Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. e. Adequate measures have been or will be taken to provide sufficient off - street parking and loading space to serve the proposed use. f. The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use. g. The use is not in conflict with the policy plan of the city. h. The use will not cause traffic hazards or congestion. • 2. The conditional use permit for a planned unit development is hereby approved subject to the following conditions: a. Applicant shall have their painting contractor put fresh paint on the lane markings and stop bar at the parking lot entrance /exit to Commerce Blvd. when they do the parking stall striping. b. There shall not be a drop off in front of the building due to the potential for traffic safety issues. c. Signage shall meet City Code and Mound Marketplace regulations. d. Exterior lighting shall meet the provisions of the City Code. e. Applicant shall ensure adequate maintenance of the area around their building, including the turf area inside the fence. If maintenance of the site becomes an issue the conditional use permit may be subject to further review by the City Council. f. Applicant shall construct the trash enclosure out of cedar or other material deemed acceptable to City Staff. g. Applicant shall obtain any necessary permits and approvals from Minnehaha • Creek Watershed District (MCWD). • h. As applicable, payment of an required City utility fees is required prior to Y Y Y q p release of the resolution L A MCES SAC determination for the proposed use must be done by the applicant as part of the building permit process. Applicant shall pay any required MCES SAC fees for the project as part of the building permit. j. Applicant shall pay all costs associated with the conditional use permit application. k. No future approval of any development plans, building and /or related permits are included as part of this action. I. No building permits will be issued until evidence of recording of the resolution at Hennepin County is provided unless the resolution is filed by the City and an escrow of sufficient amount is on file with the City. m. The applicant shall record the resolution(s) with Hennepin County. The applicant is advised that the resolution(s) will not be released for recording until all conditions have been met. 3. The conditional use permit is hereby approved for the following described property: • (to be inserted) Adopted this 12` day of June, 2012 Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk • sm,dlno June � '. 2.I2 _ H,\Projects*,T7 e n I.o M o. A p F o .6 El n (D 0 M z Ul > C N F j z M Al Al VIM C e i Z > z cl z z CA z O m O z ILA O 0 (A -A ILA dW x .16 M m -LANDSCAPE PLAN.da,LANDSCAPE PLAN to CD A V m p mp >,' - . . . 8F 0 p. " - V = " -�A _0 A o A M.0 _1 -0 (n ;0 0 1 n X ' g! C zs; o n O (A > r � 2 t 0 m - -, ;0;,K — (A 0 � c, z i is A TO, A 0 m N 0 8 m r n M ., Z r- Z r- F� z Fc, ?IS mr 0 Mr 8 . 2 Q Z - a :34: m yy O - - 0 , fA < c --I (n:r 0 Z 2 r 00 0- 0 s . oz - M pp D ' m c - Cl 15; ;a n o Z 0. 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F- -P 0 O O - p, CA Al II I � Qo a� °° °; 50.3 cn oo ' 5 0.3 3 z o 0Z \ SOUTH 0 Q0 O O z ox my °i� z��zy z m �dc�r r a so N�o sad M > �mmK 0 k0 0 O (A 00 O C� CA 99 ( r I G� I O a 'C.0 m Ul rn b -9 z uo N (.0 O C, N 0 00 oQo V ❑ O N k0 0 O (A 00 O C� CA 99 ( r I G� I O a 'C.0 m Ul rn MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION MAY 14, 2012 ROLL CALL Members present: Chair Stephen Ward; Commissioners Jeffrey Bergquist, Douglas Gawtry, David Goode, George Linkert, Cindy Penner, Pete Wiechert, and Councilmember Ray Salazar. Absent: Kelvin Retterath. Staff present: Planning Commission Secretary Jill Norlander, Planning Consultant Rita Trapp from HKGi. Others present: Eric Beazley (Minnetrista), Bob Boese (Mound), Jackie Piepkorn (Mound), Brian Pellowski (Minnetonka), Randy & Amy Grunow (Mound), Amy Nelson (Corcoran), Dean Trongard (Independence), Bruce Soden (Mound), Dan DeNasku (Mound), Chase Miller (Mound), Scott Logeln (Waconia) BOARD OF APPEALS Case No. 12 -12 Conditional Use Permit Location: 2125 Commerce Boulevard Owner: Mound Marketplace LLC Applicant: Craig and Jackie Piepkorn — Westonka Animal Hospital Trapp introduced the application. Applicant is requesting relocation of their business to the freestanding building at Mound Marketplace. Linkert questioned the location of the trash enclosure. Trapp indicated is to remain in the same location. Dr. Jackie Piepkorn, Westonka Animal Hospital at 4861 Shoreline Drive — The reasons for the parking lot modifications is for traffic safety and greenspace for the animals. Bob Boese, Jubilee Foods — They will be meeting with PBK this week to address leasing issues. MOTION by Gawtry, second by Salazar, to recommend approval of the conditional use permit with conditions as recommended by staff. MOTION carried unanimously. 5 R11- PLANNING REPORT TO: Mound Council, Planning Commission and Staff FROM: Rita Trapp, Consulting City Planner Sarah Smith, Community Development Director DATE: May 10, 2012 MEETING DATE: May 14, 2012 HKI N APPLICANT: Craig and Jacqueline Piepkom REQUEST: Conditional Use Permit requests for animal hospital and to allow site modifications at Mound Marketplace CASE NUMBERS: 12 -12 LOCATION: 2125 -2129 Commerce Boulevard PROPERTY ID: 14- 117- 24-41 -0088 ZONING: Destination District COMPREHENSIVE PLAN: Destination District I. BACKGROUND The applicants, Craig and Jacqueline Piepkorn from Westonka Animal Hospital, have submitted development plans for the use of the 4,000 square foot north building in Mound Marketplace for a veterinary hospital. The services proposed are to include, but are not limited to, veterinary care, pet hospitalization, x -rays, pet supply retail area, pet training, pet rehabilitation and pet grooming. Mound Marketplace consists of three (3) buildings with 67,000 square feet of retail space and 337 parking spaces on six (6) plus acres. Mound Marketplace is part of an overall planned unit development (PUD) that also includes the residential development, Village by the Bay. A conditional use permit is required as the Destination District identifies animal hospitals as a conditional use. In addition, Mound Marketplace is a planned unit development (PUD) with a conditional use permit. As the applicants are proposing to revise the parking, landscaping and site plan for the area around the building, the conditional use permit needs to be reviewed and approved. The applicant is not proposing to expand the existing 4,000 square foot building. 123.1437 -bird Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 p. 2 #12 -12 2125 Commerce Boulevard CUP May 10, 2012 II. PROCEDURAL ITEMS 60 -Day Land Use Application Review Process Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The CUP application was submitted on March 30, 2012 and deemed complete on April 19, 2012. The 60 -day timeline expires on or around May 29, 2012. Notification Per policy, a copy of the 5/14 Planning Commission agenda was mailed to the adjacent property owner and tenants in Mound Marketplace on May 10, 2012. Additionally, it is Staffs understanding that the applicant is planning to meet with the individual tenants within Mound Marketplace in advance of the Planning Commission meeting, if possible, about the proposal. Therefore, the Planning Commission may wish to speak with the applicant at the meeting to learn any comments that they have received thus far on the project. City Council Review If a recommendation is received from the Planning Commission at its May 14, 2012 meeting, it is anticipated that the application will be forwarded to the City Council for review and action at the June 12, 2012 City Council meeting. As required by City Code Section 121 -39, the City Council will hold a public hearing on the conditional use request. The required public hearing notice will be published and noticed in accordance with Minnesota State Statutes and City Code. City Department, Consultant and Agency Review and Comments Copies of the request and supporting materials were forwarded to all City departments for review and comment. Comments received are summarized below: Dan Faulkner, City Engineer There are no traffic flow issues with the new parking layout. The applicant is requested to have their painting contractor put fresh paint on the lane markings and stop bar at the parking lot entrance /exit to Commerce Blvd when they do the parking stall striping. Public Works Director Moore No comments. Public Works Supervisor No comments. Hanson Building Official Qualle No comments. - 1438 -0 p. 3 #12 -12 2125 Commerce Boulevard CUP May 10, 2012 Fire Chief Pederson The ceiling inside the building was not completed so the sprinkler system does not currently meet the fire code. The work inside would need to be completed prior to occupancy. Acting Police Chief Mooney No comments. Public Works Supt. Fackler No comments. Minnehaha Creek Watershed The project would be subject to the District rules including District Erosion Control and Stormwater Management. We request that as the applicant moves forward with City approvals that they get in contact with Steve Christopher. Ill. DEVELOPMENT SUBMITTAL REVIEW Westonka Animal Hospital is currently located at 4861 Shoreline Drive. As provided in the applicant narrative, the clinic is owned completely by the applicants. The hours of operation are: • Monday & Friday: 8 a.m. to 6 p.m. • Tuesday & Thursday: 8 a.m. to 7 p.m. • Wednesday: 10:30 a.m. to 6 p.m. • Saturday: 8:30 a.m. to 2 p.m. The applicant notes that the hours may be expanded in the future to accommodate retail sales and pet grooming. However, hours are not expected to extend past 9 p.m. Use Section 129 -140 lists permitted and conditional uses for the Destination PUD District. An animal hospital is listed as a conditional use. As a conditional use, the City Council may impose additional conditions it deems necessary to address the best interest of the surrounding areas. With regards to use, Staff does not have conditions it would recommended to impose given the proposed location of the animal hospital within a commercial district. Bulk Requirements The Destination PUD District does not have any specific setback requirements for structures on non - shoreland lots. Rather, setbacks are as agreed to in the PUD. The setbacks for this structure are as were proposed as part of the Mound Marketplace PUD as the applicants are not proposing to expand the existing 4,000 square foot building. -1439- p. 4 #12 -12 2125 Commerce Boulevard CUP May 10, 2012 The Destination PUD District does require hardcover coverage to be limited to 75% or as defined by the PUD. The Mound Marketplace PUD allows hardcover on the commercial portion of the development at 92 %. Please note that the overall site hardcover is 64 %. As shown on Sheet 2 of the applicant's materials, the hardcover coverage for their portion of Mound Marketplace is going to improve from 89% to 82% due to the expansion of the turf grass area. Parking and Circulation Parking regulations for the Destination PUD District are as agreed to in the Mound Marketplace Resolution #01 -13 (see enclosed). The Mound Marketplace PUD stipulates that 337 parking spaces shall be provided that are at least 9.5 feet by 18 feet in dimension. It is important to mention that the code was revised a number of years ago to modify the standard parking stall size to 9 feet by 18 feet. If you compare Sheet 1 and Sheet 2 of the site plans submitted, you can see how the applicants are proposing to reconfigure the parking lot. The current survey on Sheet 1 shows the existing configuration with a drive aisle between the building and the parking stalls. The proposed configuration shown on Sheet 2 shows the movement of the drive aisle on the other side of a small parking lot located immediately adjacent the building. This site modification not only provides some parking spaces whereby clients do not have to cross the drive aisle, but also provides some landscaped area which clients can use with their pets. City Staff have found this new configuration to be acceptable for traffic circulation. The reconfiguration as proposed will not change the total amount of parking spaces provided in Mound Marketplace. (Note that Sheet 3 shows the proposed layout without the existing conditions behind if that is easier to use.) Landscaping The Landscape Plan is provided on Sheet 4. The applicant is proposing to create a small turf area adjacent to the building to serve clients. The turf area will be surrounded by a 6 foot high vinyl- coated chain link fence. The fence will extend from the front of the building on the north side and then around the turf area on the west end of the site. There will be a few mulch beds in and around the fenced area. City Code Section 129- 203 requires that fences in business districts be no higher than 6 feet at or behind the front building line. The applicant is also proposing to replace the two existing trees located in the parking island. One will go adjacent to the turf area and the other within the new parking island to the west of the building. The landscape islands will be bark mulched. - 1440 -2 p. 5 #12 -12 2125 Commerce Boulevard CUP May 10, 2012 The applicant is requesting that the trash enclosure remain as it was previously constructed as is shown on Sheet 2. The applicant would be willing to move the trash enclosure if it is necessary. The applicant is proposing to modify the site within the existing drainage and utility easement. While landscaping is allowed, the applicant is advised that if any issues arise, the site improvements may have to be modified and /or removed to address the issue. Si nay e The applicant is proposing to add two signs to the building. The applicant will work with Staff on signage that meets the City Code which also shall be subject to approval and acceptance by Mound Marketplace. IV. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the requested Conditional Use Permit (CUP) for the Westonka Animal Hospital as submitted with the following conditions: 1. Applicant shall have their painting contractor put fresh paint on the lane markings and stop bar at the parking lot entrance /exit to Commerce Blvd. when they do the parking stall striping. 2. Signage shall meet City Code and Mound Marketplace regulations. 3. Exterior lighting shall meet the provisions of the City Code. 4. Applicant is responsible for obtaining any necessary permits and approvals from Minnehaha Creek Watershed District (MCWD). 5. As applicable, payment of any required City utility fees prior to release of the resolution. 6. A MCES SAC determination for the proposed use must be done by the applicant as part of the building permit process. Applicant shall be responsible for payment of any required MCES SAC fees for the project as part of the building permit. 7. Applicant is responsible for ensuring adequate maintenance of the area around their building, including the turf area inside the fence. If maintenance of the site becomes an issue the conditional use permit may be subject to further review by the City Council. 8. Applicant shall be responsible for payment of all costs associated with the conditional use permit application. 9. Applicant shall be required to submit all required information upon submittal of the building permit application. 10. Applicant shall be responsible for procurement of any and /or all permits. -1441- p. 6 #12 -12 2125 Commerce Boulevard CUP May 10, 2012 11. No future approval of any development plans, building and /or related permits are included as part of this action in the event the variance application is approved. 12. No building permits will be issued until evidence of recording of the resolution at Hennepin County is provided unless the resolution is filed by the City and an escrow of sufficient amount, is on file with the City. 13. The applicant shall be responsible for recording the resolution(s) with Hennepin County. The applicant is advised that the resolution(s) will not be released for recording until all conditions have been met. -1442'-t f /n t DAL Pi Add Pha�ne i�ti�me _ 41 4, ik r` -6 • 7 ✓ ivxz iz .. -- 012 IG P n- on .. . � —L wa Ing 00MI"04 Me No. t* 409 Daw City:C e:' a ion 12048 valaUng to CondiffonW Use Pennfts jMW be. �bythe w AwIcant if qpplytng- fora two fanOy dwell ft Cl r Code Section 129402 inustbe m eared by: U" Pamit Wo -1444 0 Westonka Animal Hospital Business Narrative for Condition Use Application: Westonka Animal Hospital is owned solely by Dr. Craig Piepkorn and Dr. Jackie Piepkom. Westonka Animal Hospital's Clinic hours of operation are: Monday & Friday: 8 am — 6 pm, Tuesday & Thursday: 8 am — 7 pm, Wednesday 10:30 am — 6 pm and Saturday: 8:30 am — 2 pm. Peak hours of operation are from 8 am —12 pm, then from 1:30 pm — 6 pm Monday, Tuesday, Thursday and Friday. Saturday 9 am — 2 pm. We do not have emergency hours or see appointments after hours. The typical parking demands for these times are about 14 stalls, with 4 of the stalls located so that a client will not need to cross traffic with their pet to enter the building. The clinic may remain open outside of the above stated hours in the future to accommodate some retail sales of pet products and grooming. Those hours have not been determined yet, but will not likely extend past 9 pm and parking demands for those times will not likely exceed 4 stalls. As of date the clinic employs 10 people, 4 full time employees and 6 part time employees. The business plan for moving in to the new building would expect to add 1 — 3 more employees in the future. We plan to add signage to the building in accordance to city code and the Mound Marketplace guidelines- the initial plan is to have a sign on 2 sides of the building ( the side facing Commerce may be a window sign) permitting marketplace regulations and city code. The plan for the parking lot modifications does include moving an existing lamp post and landscape island. The plan from Beazley Consulting proposes more green space and relocating the landscape island. Beazley Consulting will be providing us with landscape architecture plans. We would like to add a fence to the added green space to provide a safe area to walk dogs. The proposal from Beazley Consulting provides plans for keeping the existing dumpster where it is and also a plan for moving it. We would prefer to keep the dumpster in its current location, but will move it if necessary. MAD *1? -1445- o Hi nos \� \\ 20 J o i ��'09 -�, m V) / OS (0 00 CD m o LL.' 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I I I I I I I I I s CL FM I 1 i I I I � I I ----- - - - - -- J .. . _._ r b - n��ir:. i.�����'. �� .its. ..: '�a, �� t�'�,..���x��. tC« �a_,.i.`fE. 3.s •>;:,�'„l,,_3. �.. -. 4 d ;a �T ---------- ------- ---------- ------- - --- U9 L z z uj 0 5 D 1U ::)Wo Lu b u E f Niel I i h 1 1 fill, ---------- ------- ---------- ------- - --- all I IA tIN I i h 1 1 fill, all I IA tIN CITY OF MOUND RESOLUTION #01 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING DEVELOPMENT PLAN APPROVAL OF "THE VILLAGE BY COOK'S BAY" AND "MOUND MARKETPLACE" BY CONDITIONAL USE PERMIT AND VARIANCE APPROVAL P &Z CASE #00 -65. WHEREAS, the applicant, MetroPlains Development, rezoning applications to allow residential and commercial development of property on the "Old School" site for development projects called "The Village by Cook's Bay" and "Mound Marketplace "; and, WHEREAS, the proposed development includes 18.97 acres of land that was previously the Westonka Community Center and ballfields and Westonka High School previously; and, WHEREAS, the development plan for the site calls for its development as multiple family residential and a commercial area along with land dedicated for park land dedication requirements; and, WHEREAS, The concept plan indicates 59 townhome units and 40 `flats.' The townhomes will provide a total of 4 parking spaces per unit including 2 indoor and 2 outdoor parking spaces. Underground parking will be provided for the flats at a ratio of 1 '/z spaces per unit. An additional 40 spaces will be scattered in bays along the private streets for visitor and guest parking. All streets within the residential area of the development will be private with a 24 feet width with no on- street parking because of the need to allow emergency access on this narrowed design; and, WHEREAS, as a planned development area, dimensional items such as building setbacks, lot area and width are approved and regulated under a conditional use permit. A Common Interest Community (CIC) will be established to govern the further replatting and use of the land as individual units; and, WHEREAS, four `big house' flats-are shown on the eastern side of the development along Bellaire Road. The narrative talks about these units as single level with 4 units per level in these 2 — 3 story buildings. The developer indicates that the market for the flats would appeal to seniors which is a good `fit' with the needs in Mound; and, WHEREAS, the following standards apply under the conditional use permit for the "The Village by Cook's Bay," PARCEL SIZE 12.27 ac PROPOSED UNIT # 99 Resolution #01 -13 Page I of 8 - 1452 - 4 DENSITY 8 units /acre Minimum Lot Width Not applicable Front Yard Setback Elm Road 60 feet Bellaire 100 feet Side Yard Setbacks As indicated on plans between buildings Rear Yard Setbacks As indicated on plans from property lines. LAND USE PLAN Downtown Residential (Medium to High Density Residential @ 7 + units /acre) SUBDIVISION STREET DESIGN Right -of -way width NA — private streets Pavement width 24 feet Park Site Dedication 1.89 acres or 10% of total development land area —18.97 acres GREENSPACE 57.4 percent HARDCOVER 36.2 percent , and WHEREAS, building elevations for the townhomes are provided with the development which also detail material standards to be followed on building exteriors; and, WHEREAS, the landscape plan for the residential portion of the development provides a total of 145 planting units which exceeds the 99 unit minimum. Plantings consist of shade, ornamental, and coniferous varieties. The park will be planted with 24 shade trees in addition to the 9 conifers that will be preserved; and, WHEREAS, a total of 1.89 acres, 10 percent of the total site area, will be dedicated to the City as parkland. Outlots `B' and `C' note these lands. Tot lot play equipment will also be provided by the developer and located in Outlot `C'; and, WHEREAS, the development proposes 67,000 square feet of commercial space called `Mound Marketplace.' Anticipated tenants include a grocer, city liquor store, restaurants, and smaller retail shops. The buildings would be designed to consider the urban context of the downtown and the Mound Visions plan. Detailed exterior treatments, space relationships, and other design elements are provided in the development submittal which will encourage high quality building and site Resolution #01 -13 -1453 - Page 2 of 8 treatment; and, WHEREAS, the following standards apply through the conditional use permit for Mound Marketplace PARCEL SIZE 6.7 ac PROPOSED SQ. FT. OF COMMERCIAL 67,000 Minimum Lot Size NA Minimum Lot Width NA Front Yard Setbacks - Building fronting on Lynwood Building fronting on Commerce Per development plan Side Yard Setbacks - Building fronting on Lynwood West building Per development plan Rear Yard Setbacks Per development plan LAND USE PLAN Destination District SUBDIVISION STREET DESIGN Streets/Drives All private access PARKING 337 spaces provided Code requires 446 spaces 9 '/z feet by 18 feet stall dimension Code requires 10 feet by 20 feet HARDCOVER 92 percent ; and, WHEREAS, the landscape plan for the commercial portion of the development provides a total of 95 planting units which exceeds the 67 planting unit minimum. Plantings consist of shade, ornamental, and coniferous varieties. Screening and buffering of the parking and dock areas are provided to minimize impacts on the adjacent single family neighborhood; and, WHEREAS, a total of 313 parking spaces are shown plus 24 spaces adjacent to the Pond Arena which is a ratio of 1 space for every 197 square feet of commercial floor area. City Code requires 1 space for every 150 square feet of commercial floor area or 446 spaces requiring a variance of 109 spaces; and, WHEREAS, the City and County are currently reviewing plans for the relocation and upgrade of County Road 15 and the intersection of County Road 110. The results of the study are not yet complete, but will take into consideration the access locations proposed by the development plan. In reviewing the development, the City has considered traffic, circulation and other aspects of the proposed project as it might affect public health, safety or welfare and imposed conditions upon the approval addressing those considerations; and, Resolution #01 -13 Page 3 of 8 -1454= 6 WHEREAS, the Planning Commission and City Council have studied the practicability of the residential and commercial planned developments, variances, taking into consideration the requirements of the City, giving particular attention to the arrangement and location of the street, their relation to topography, water supply, sewage disposal, drainage, building arrangements, the present and future development of adjoining lands and the requirements of the Zoning Ordinance and Comprehensive Plan and other official controls; and, WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated subject to the conditions imposed herein, and the proposed subdivision as conditioned is consistent with the Comprehensive Plan and the existing land use in the area; and, WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. WHEREAS, at the Planning Commission has recommended City Council approval of the conditional use permit for the information as contained in the development plans; and, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A. Approves a Conditional Use Permit for the "The Village by Cook's Bay" and "Mound Marketplace" with the following conditions: Relocate parking spaces along the rear of the grocery store to areas close to the clubhouse. 2. A pedestrian easement between building facades along Lynwood and Commerce right -of -ways be provided. 3. Easements for recreation and maintenance of the multi -use trail system. 4. Indicate how private streets will be lighted. 5. Developer work with the City in developing a streetscape along Commerce and Lynwood to address landscaping, facade, and other improvements complementary to the development of the Mound Visions Plan. 6. All streets within the proposed development shall be private streets serving the residential area shall be 24 feet wide, measured from back of curb to back of curb. Concrete curb and gutter shall be installed on all streets, drives and parking areas in both the commercial and residential areas. 7. Applicant provide fireflow analysis prior to the completion of the final utility plans. Resolution #01 -13 -1455 - Page 4 of 8 8. The final plat shall include utility easements for the new sanitary sewer and watermains which will be public utilities. The final plat must also include utility easements for the existing public utilities which will remain in place. 9. Approval of right -of -way and access drives by Hennepin County and consistent with final plat approval. 10. Approval by the Minnehaha Creek Watershed District. 11. The existing tower be removed or relocated to a location on the site consistent with previous variance approvals and current zoning code provisions prior to granting of final plat. 12. Prior to the City releasing the final plat, the Developer shall sign a development contract with the City. The development contract shall stipulate that construction of all public improvements covered by said contract shall be completed within 280 days of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City Attorney in the amount of 125% of estimated construction costs as per plans approved by the City Engineer. 13. The Developer shall secure and provide copies to the City's Building Official of all reviews and required permits from the Minnesota Department of Health and the Minnesota Pollution Control Agency, or any other applicable permits, prior to beginning construction. The Building Official will not authorize construction until permits are secured. 14. The City Attorney shall examine title to the property and shall render a title opinion to the city showing the ownership status of the property prior to filing. The applicant shall provide the City Attorney a current abstract or register of property abstract for Langdon Bay. . 15. Prior to any occupancy the applicant shall secure Certificates of Occupancy from the Building Official. Certificates will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Public Works Superintendent, and Building Official. 16. Developer will reimburse the City for legal, engineering and planning costs incurred for review and approval of these plans. B. Approves variances as follows: 1. A variance is approved to allow the commercial parking spaces to meet 1 space per 200 square feet ratio plus a reduction of 23 spaces. Resolution #01 -13 Page 5 of - 1456:8 2. A variance is approved to allow the commercial parking spaces to be designed at 9 feet width and a 60 feet 6 inch isle separation. 3. A hardcover variance of 62% is approved for "Mound Marketplace." C. The City .Council adopts the following findings in support of the approved variances: 1. The property has long served the parking needs of surrounding uses and will likely continue to do so. 2. The parking space ratio and size are consistent with current retail industry design and other metropolitan community code requirements. 3. The smaller parking space size reduces the amount of hardcover that would be incurred by the typical zoning requirements. 4. The residential and commercial portions of the project will utilize a central pond for stormwater management. The total hardcover for the project is 64 %, which is below typical hardcover thresholds of 75% in the downtown. C. The resolution is adopted for the property legally described as: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Lynwold Park, Lake Minnetonka, together with vacated Ridgewood Avenue and vacated alley originally delineated and dedicated in said plat of Lynwold Park, Lake Minnetonka. Lot 18, Lynwold Park, Lake Minnetonka, except the North 30 feet thereof. Lots 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114 and 115, Mound. Those parts of Lots 102 and 103, "Mound ", which lie Easterly of the East line of the West 200.00 feet of the Northeast ' / 4 of the Southeast '/4 of Section 14, Township 117 North, Range 24 West of the 5th Principal Meridian, Hennepin County, Minnesota. That part of Meadow Lane, as delineated and dedicated on the plat of "Mound ", and now vacated, which lies Easterly of the West 200.00 feet of the Northeast' /4 of the Southeast 1 /4 of Section 15, Township 117 North, Range 24 West of the 5th Principal Meridian, Hennepin County, Minnesota, and Westerly of the Southerly extension of the West line of Dewey Avenue, now known as Bellaire Lane, as delineated and dedicated in said plat of "Mound ". The South '/z of the northeast '/4 of the Southeast '/4 of Section 14, Township 117 North, Range 24 West of the. 5t Principal Meridian, Hennepin County, Minnesota, except the West 200.00 feet thereof, also except that part within the plat of "Mound ", and except that part described as follows: Resolution #01 -13 -1457 - Page 6 of 8 Commencing at the Northeast corner of said South '/2 of the Northeast '/ of the Southeast '/4; thence Southerly along the East line of said Southeast ' /4, a distance of 225.00 feet; Westerly parallel with the North line of said South '/2 of the Northeast ' /4 of the Southeast ' /4, to the intersection with the southerly extension of the West line of Dewey Avenue, now known as Bellaire Lane, as delineated and dedicated in the plat of "Mound'; thence Northerly along said Southerly extension to the North line of said South %z of the Northeast '/4 of the Southeast V4 thence Easterly along said North line to the point of beginning. And except that part of said South '/2 of the Northeast '/4 of the Southeast '/4, described as follows: Beginning at a point on the East line of said Northeast '/4 of the Southeast '/4, distant 225.00 feet Southerly from the Northeast corner of said South '/2 of the Northeast 1 /4 of the Southeast 1 /4; thence Westerly, parallel with the North line of said South '' of the Northeast '/4 of the Southeast 1 /4, a distance of 398.63 feet; thence Southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 158.39 feet; thence Easterly, deflecting to the left 89 degrees 57 minutes 22 seconds, to said East line of the Northeast ' /4 of the Southeast 1 /4; thence Northerly along said East line to the point of beginning. Legal Description: Lots 19 and 20 Lynwold Park Lake Minnetonka The foregoing resolution was moved by Councilmember Hanus and seconded by Councilmember Brown. The following Councilmembers voted in the affirmative: Hanus, Brown, Meisel The following Councilmembers voted in the negative: Anderson, Meyer Adopted January 23, 2001 �a f Pat Meisel, Mayor Attes : City Clerk Resolution 901 -13 -145 &0 Page 7 of 8 \ � c / ➢ C y C,2 Z t �'� I 5rt �;rnm 10 ern Om r9" "S 89 Z• ��S pO o vV ) I y �� K Arlr 1 NIr1 >r� �q,L L 1, r , , �,,m IvIVVIVV n 3 " / CO N p I tJ�da• 0� 17 E 8.55 b z 521.60 „f �� o _ �_ r r w C4 � �,:� �' ±• r� OWNER: c co ao -r 6�' Gj'1J r �� � i V,O /tie ,Q4. 1 co OD 7 CID >�e C i s ° c� - C l O `� ` �, O O . - s Ln - 1 V rr 1 . "�. cJ r .4 t� rri a u w `� 56 SO`., E IN; Z y�o �-4 w 72.90 ' r14 O _ D w -4 � �d g -� N c la• , A � O g� C- � rn t nm Im (n O o� � d v+ I t �► i � i m pp <' . ': ff cA I o D E„ a r. O r D N m \ 110.6 _ 1; - -. j sp 23.5 V `� 45.00 65.7 \ \� - �� 23 .50.:.; \ nRTH -, NORTH 65.71 \ ` ! 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(� °g oo .� II s7 w m - a �/( Z rn / Z v � / Z 24.76 n -U 0, '•�i w / J S 0'00' 10" E 11 If / I J N \ 6; °► 50.3 � ' o r 20 PA KIN SAL �l I I _ rn �. _, 31 cn N oz 1 � SOUTH - j m — \ 1 --- - - - - -- -- - -- - -- - - -Ll - \. - - - --- - - -_ 1 L•\- �VL_L_ V OD EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MOUND, MINNESOTA HELD: June 12, 2012 Pursuant to due call, a regular or special meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was duly held at the City Hall on June 12, 2012, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the sale of $4,860,000 General Obligation Bonds, Series 2012A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL ON THE SALE OF $4,860,000 GENERAL OBLIGATION BONDS, SERIES 2012A, PROVIDING FOR THEIR ISSUANCE AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND NET REVENUES AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Mound, Minnesota (the "City "), owns and operates a municipal water utility system (the "Water System "), a municipal sewer utility system (the "Sewer System "), and a municipal storm water utility system (the "Storm Water System" and, together with the Water System and the Sewer System, the "System "), as separate revenue producing public utilities and there are outstanding payable from the net revenues of the System: (i) $1,675,000 original principal amount of General Obligation Revenue Bonds, Series 2004B, dated June 22, 2004 (the "2004B Bonds "), (ii) $ 1,240,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2006B, dated April 11, 2006 (the "2006B Bonds "); (iii) 2,355,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2007B, dated April 5, 2007 (the "2007B Bonds "); (iv) $1,885,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2008C, dated June 4, 2008 (the "2008C Bonds "); (v) $5,060,000 original principal amount of General Obligation Utility Revenue bonds, Series 2009B, dated June 4, 2009 (the "2009B Bonds "); (vi) $ 1,490,000 original principal amount, which is the "System Portion" of the General Obligation Refunding Bonds, Series 2011A, dated February 2, 2011 (the "2011A Bonds "); and (vii) $2,840,000 original principal amount, which is the "System Portion" of the General Obligation Bonds, Series 2011B, dated May 5, 2011 (the "2011 B Bonds ", and together with the 2004B Bonds, the 2006B Bonds, the 2007B Bonds, the 2008C Bonds, the 2009B Bonds, and the 2011A Bonds, the "Outstanding System Bonds "); and B. WHEREAS, there is currently outstanding $3,325,000 original principal amount of General Obligation Water Revenue Bonds, Series 2005B, dated April 19, 2005 (the "Outstanding Water Revenue Bonds ", and together with the Outstanding System Bonds, the "Outstanding Bonds "), which are payable from the net revenues of the Water System; and -1460- 4706974v1 C. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $4,860,000 General Obligation Bonds, Series 2012A (the "Bonds" or individually, a 'Bond "), pursuant to Minnesota Statutes, Chapters 475 and 429 and Section 444.075, to finance the costs of various improvements to the System including the K1 lift station and other utility improvements (the "System ") and to finance certain street improvements including retaining wall repair (the "Improvements ") within the City; and D. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and E. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and; F. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Manager, or designee, at the offices of Ehlers at 12:00 Noon this same day pursuant to the Preliminary Official Statement dated May 31, 2012; and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Mound, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser "), to purchase the Bonds in accordance with the Preliminary Official Statement established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser. The Manager is directed to retain the deposit of the Purchaser and to return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms (a) Original Issue Date; Denominations; Maturities, Term Bond Option The Bonds shall be dated July 12, 2012, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations ") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2014 2024 2015 2025 -1461- 2 4706974v1 Year 2016 2017 2018 2019 2020 2021 2022 2023 Amount Year 2026 2027 2028 2029 2030 2031 2032 2033 Amount As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the Improvements (the "Improvement Portion "); and the aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the System Improvements (the "System Portion "): Year 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Improvement Portion System Portion (Amount) (Amount) -1462- 3 Total Amount 4706974v1 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph.. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to either or both of the portions of debt service in such amounts as the City shall determine. If the source of the prepayment is special assessments pledged to and taxes levied for the Improvements, the prepayment shall be allocated to the Improvement Portion of debt service. If the source of a prepayment is excess net revenues of the System pledged to the System Improvements, the prepayment shall be allocated to the System Portion of debt service. (c) Book Entry Only System tem The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the 'Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. -1463- 4 4706974v1 (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take -1464- 5 4706974v1 any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d) Termination of Book -Entry OnlySystem Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose The Improvement Portion of the Bonds shall provide funds to finance the Improvements (the "Improvement Project ") and the System Portion of the Bonds shall provide funds to finance the System Improvements (the "System Improvements Project," and together with the Improvement Project, the "Project "). The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all -1465- 6 4706974v1 acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Maturity Year Interest Rate 2024 2025 2026 2027 2029 2029 2030 2031 2032 2033 5. Redemption All Bonds maturing on February 1, 2022 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2021, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or -1466- 7 47069740 Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor - paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: -1467- 8 4706974v1 UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND R- GENERAL OBLIGATION BOND, SERIES 2012A Interest Rate Maturity Date Date of Original Issue CUSIP % February 1, July 12, 2012 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or 'Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. 4706974v1 Optional Redemption All Bonds of this issue (the "Bonds ") maturing on February 1, 2022, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2021, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption; Partial Redemption To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance, Purpose; General Obligation This Bond is one of an issue in the total principal amount of $4,860,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on June 12, 2012 (the "Resolution "), for the purpose of providing money to finance street and utility reconstruction projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2012A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. -1469- 10 4706974v1 Denominations, Exchange; Resolution The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax - Exempt Obligation This Bond has been designated by the Issuer as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of its municipal water, sewer and storm water utility systems (the "System ") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the System Portion of the Bonds, as defined in the Resolution, adequate to pay all principal and interest when due on the System Portion of the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in -1470- 11 4706974v1 amounts sufficient to pay the principal and interest on System Portion of the Bonds as they respectively become due, if the net revenues from the System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mound, Hennepin County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Trust Services Corporation, Roseville, Minnesota Bond Registrar M. Authorized Signature Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Manager -1471- 12 4706974v1 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for under the Uniform (Cust) (Minor) (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) -1472- 13 4706974vl PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date Amount Authorized signature of Holder -1473- 14 4706974v1 8. Execution The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Manager and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of July 12, 2012. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. -1474- 15 4706974v1 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Manager is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts There is hereby established a special fund to be designated "General Obligation Bonds, Series 2012A Fund" (the "Fund ") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the -1475- 16 4706974v1 manner herein specified until all of the Bonds and the interest thereon have been fully paid. The Operation and Maintenance Accounts heretofore established by the City shall continue to be maintained in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Accounts shall constitute or are referred to as "net revenues" until the System Portion of the Bonds and the Outstanding Bonds have been paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all income and disbursements of the System as hereinafter set forth. The Finance Director of the City and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Construction Account To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less capitalized interest, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16 and all costs and expenses of the System Improvements, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes, special assessments or net revenues herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account from the Improvement Portion of the Bonds, such balance (other than any special assessments) shall be transferred to the Debt Service Account or may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Debt Service Account There shall be maintained two separate subaccounts in the Debt Service Account to be designated the "Improvement Project Debt Service Subaccount" and the "System Improvements Project Debt Service Subaccount." There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) Improvement Project Debt Service Subaccount To the Improvement Project Debt Service Subaccount there shall be credited: (A) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Improvement Portion of the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (B) capitalized interest in the -1476- 17 4706974v1 amount of $ ; (C) any collections of all taxes herein or hereinafter levied for the payment of the Improvement Portion of the Bonds and interest thereon; (D) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (E) all investment earnings on funds held in the Improvement Project Debt Service Subaccount; and (F) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvement Project Debt Service Subaccount. The Improvement Project Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Improvement Portion of the Bonds and any other general Obligation Improvement and Utility Revenue Bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. (ii) System Improvements Project Debt Service Subaccount To the System Improvements Project Debt Service Subaccount there shall be credited: (A) the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the System Improvements Project Debt Service Subaccount, sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the System Portion of the Bonds; (B) capitalized interest in the amount of $ ; (C) any collections of all taxes which may hereafter be levied in the event that the net revenues of the System and other funds herein pledged to the payment of the principal and interest on the System Portion of the Bonds are insufficient therefore; (D) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof, (E) all investment earnings on funds held in the System Improvements Project Debt Service Subaccount; and (F) any and all other moneys which are properly available and are appropriated by the governing body of the City to the System Improvements Project Debt Service Subaccount. The System Improvements Project Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the System Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account, Operation and Maintenance Accounts or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal -1477- 18 4706974v1 arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Covenants Relating to the Improvement Portion of the Bonds (a) Assessments It is hereby determined that no less than twenty percent of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. It is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rates per annum shown opposite their collection years specified below: Improvement Designations tions Levy Years Collection Years Rate Amount 2012 -2026 2013 -2027 See Attached Schedule At the time the assessments are in fact levied the City Council shall, based on the then - current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Tax Levy; Coverage Test To provide moneys for payment of the principal and interest on the Improvement Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount 2012 -2026 2013 -2027 -1478- 19 See Attached Schedule 4706974v1 The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Improvement Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Improvement Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Improvement Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Covenants Relating to the System Portion of the Bonds (a) Sufficiency of Net Revenues, Coverage Test It is hereby found, determined and declared that the net revenues of the System are sufficient in amount to pay when due the principal of interest on the System Portion of the Bonds and the Outstanding System Bonds and a sum at least five percent in excess thereof. The net revenues of the Water System are sufficient to pay the Outstanding Water Revenue Bonds and a sum at least five percent in excess thereof. The net revenues of the System are hereby pledged for the payment of the Bonds on a parity lien with the Outstanding Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the Bonds as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the System Portion of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues of the System may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (b) Excess Net Revenues Net revenues in excess of those required for the foregoing may be used for any proper purpose. (c) Covenant to Maintain Rates and Charges In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the System Portion of the Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations." 18. Defeasance When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called -1479- 20 4706974v1 for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and /or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. -1480- 21 4706974v1 (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax- exempt status of the Bonds. 20. Continuing Disclosure The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB ") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Manager of the City, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. General Obligation Pledge For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the net revenues of the System appropriated and pledged to the payment of principal and interest on the System Portion of the Bonds, together with other funds irrevocably appropriated to the System Improvements Project Debt Service Subaccount herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever -1481- 22 4706974v1 insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 22. Certificate of Registration A certified copy of this resolution is hereby directed to be filed with the Director of Property Tax and Public Records of Hennepin County, together with such other information as the Director shall require and there shall be obtained from the Director a certificate that the Bonds have been entered in the County Bond Register and that the tax levy required by law has been made. 23. Records and Certificates The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Project The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax- Exempt Status of the Bonds; Rebate; Elections The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the twenty -four month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148- 7(d)(1) of the Regulations. The Mayor and /or Finance Director are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. Designation of Qualified Tax - Exempt Obligations In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; -1482- 23 4706974v1 (d) the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2012 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2012 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Payment of Issuance Expenses The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota, on the closing date for further distribution as directed by Ehlers. 28. Governmental Bonds Post - Issuance Compliance Policies and Procedures The City hereby approves the Governmental Bonds Post - Issuance Compliance Policies and Procedures as contained in Attachment A. 29. Severability If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution 30. Headings Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. -1483- 24 4706974v1 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting Manager of the City of Mound, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $4,860,000 General Obligation Bonds, Series 2012A. WITNESS my hand on June _, 2012. Manager -1484- 25 4706974v1 EXHIBIT A Proposals -1485 - A -1 4706974v1 ATTACHMENT A Government Bonds Post - Issuance Compliance Policies and Procedures with Memorandum -1486 - A-1 4706974v1 BRIGGS Z M O R G A N W2200 First National Bank Building 332 Minnesota Street St. Paul MN 55101 -1396 tel 651.808.6600 fax 651.808.6450 MEMORANDUM TO: Catherine Pausche, Finance Director, City of Mound FROM: Mary L. Ippel DATE: June 5, 2012 RE: Post - Issuance Compliance Policies and Procedures Following issuance by the City of Mound of tax - exempt governmental bonds, the City of Mound must continue to take certain actions with respect to the bonds in order that they retain their tax - exempt status. In particular, the City of Mound must be sure that the project financed with the bonds continues to be used for public purposes and that the proceeds of the bonds are applied in a manner that complies with the arbitrage rules on the Internal Revenue Code of 1986, as amended (the "Code "), and its related regulations. Over the last couple of years, the IRS has increased its scrutiny of tax - exempt bonds and has strongly expressed an expectation that issuers of tax - exempt bonds have written procedures in place to ensure compliance with these rules. Most recently, in September, 2011, the IRS released a new Form 8038 -G, which is the form that issuers file upon the issuance of each tax - exempt bond issue. The new version of the form specifically asks the issuer to check a box that it has established written procedures "to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations." There is a second box asking if the issuer has written procedures "to monitor the requirements of Section 148," which is the Code section governing arbitrage. There is no statutory or rule requirement that the City of Mound have such written procedures. By including these questions on Form 8038-G (the same questions also appear on Form 8038), however, the IRS is strongly emphasizing its view of the importance of having such procedures in place. Informally, the IRS has also indicated that having such procedures in place may result in a lower penalty in the event of any audit or voluntary compliance agreement related to an issuer's bonds. Therefore, we strongly recommend that the City of Mound adopt the proposed Post - Issuance Compliance Policies and Procedures. The proposed Policies and Procedures have been drafted to cover the concerns and expectations that have been expressed by the IRS. Yet, at the same time, we recognize that the i ^ o - Briggs and Morgan, Professional Association - 1487 - Minneapolis I St. Paul I www.briggs.com Member - Lex Mundi, a Global Association of Independent Law Firms 4714116v1 BRIGGS AND M O R G A N City of Mound, along with its bond counsel and financial advisor, are already doing many of the tasks set forth in the document. It simply demonstrates that the City of Mound is, in fact, taking the appropriate actions to ensure that its bonds remain tax- exempt. Please feel free to contact us if you have any further questions or comments. 47141160 Catherine Pausche From: Casey, Claudia [CCasey @Briggs.com] Sent: Tuesday, June 05, 2012 2:50 PM To: Catherine Pausche Cc: Wendy Lundberg; grobertson @ehiers- inc.com Subject: City of Mound Post Issuance Compliance Attachments: PCDOCS- #4713934 -v1 -Mound POST ISSUANCE COMPLIANCE POLICIES AND PROCEDURES.DOC; PCDOCS- #4714116 -v1 -Mound MEMO POST ISSUANCE COMPLIANCE.DOC Catherine: As discussed with Mary Ippel, attached is the "Government Bonds Post - Issuance Compliance Policies and Procedures" document and a memorandum which explains the need for the policies. The approval of these procedures by the City Council on June 12th is included in the bond resolution for the issuance of the General Obligation Bonds, Series 2012A at paragraph 28, which I will be sending you later today. The language at paragraph 28 reads as follows: "Governmental Bonds Post - Issuance Compliance Policies and Procedures. The City hereby approves the Governmental Bonds Post - Issuance Compliance Policies and Procedures in substantially the form presented to the City Council." Upon the approval of the policies and procedures, please sign last page and retain these documents on file for future reference. If you have any questions, please feel free to contact me or Mary Ippel at 651 - 808 -6620 or at mippel @briggs.com Claudia MI. Casey Paralegal Briggs and Morgan, P.A. Direct 651.808.6653 Fax 651.808.6450 ccasey0briggs.com W2200 First National Bank Building I 332 Minnesota Street I St. Paul, MN 55101 CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re- transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e -mail. If you are not the intended recipient of this e -mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney- client or work - product privilege. -1489- 1 CITY OF MOUND, MINNESOTA GOVERNMENTAL BONDS POST - ISSUANCE COMPLIANCE POLICIES AND PROCEDURES The following policies and procedures were adopted by the City Council of the City of Mound, Minnesota (the "City ") as of the date indicated below with respect to the governmental bonds of the City, to require, and further ensure, the ongoing compliance of governmental bonds issued by the City with the Internal Revenue Code of 1986, as amended (the "Code "), and the Treasury Regulations promulgated thereunder (the "Regulations "), including the record retention requirements of Code Section 6001 and Section 1.6001(a) of the Treasury Regulations. Such policy and procedures were adopted after consultation with Briggs and Morgan, P.A., the bond counsel ( "Bond Counsel "), and Ehlers & Associates, Inc., the financial advisors, to the City and are internal operating procedures to be used by the City's management in connection with the issuance and sale of all issues of governmental bonds. The City Council of the City has the overall, final responsibility for monitoring whether the City is in compliance with post - issuance federal tax requirements for the City's governmental bonds. However, the City Council assigns to the Finance Director of the City the primary operating responsibility to monitor the City's compliance with post - issuance federal tax requirements for the City's governmental bonds. The Finance Director may further assign post - issuance compliance responsibilities to other staff of the City, Bond Counsel, the paying agent for the bonds, and a rebate analyst. The Finance Director shall provide training and educational resources to City staff who are responsible for ensuring compliance with any portion of these policies and procedures. -1490- 47139341 1. Appropriate Application of Proceeds. (a) The Finance Director shall ensure the timely expenditure of the proceeds of governmental bonds by monitoring the application of all bond proceeds in accordance with the source of funds used and in accordance with the documents related to the issuance of the governmental bonds, including the reimbursement of pre - issuance expenses. (b) The Finance Director shall ensure the correct calculation and application of bond proceeds pursuant to the Code by: (i) confirming that any closing and/or allocation memorandum for the issuance of the bonds is accurate in the deposits directed thereunder, including ensuring that bond proceeds are used only for public purposes; and (ii) through the draw request process, identifying requested expenditures that are not eligible expenditures. (c) The Finance Director shall monitor the use of all bond - financed facilities in order to: (i) determine whether private business uses of bond - financed facilities have exceeded de minimus limits set forth in Section 141(b) of the Code, and 47139341 (ii) determine whether private security or payments have exceeded the de minimus limits set forth in Section 141(b) of the Code. 2. Arbitrage Yield Restriction and Rebate Requirements. The Finance Director shall monitor and calculate arbitrage, and shall coordinate and maintain, or cause to be maintained, records of: (a) Computations of the yield on the bonds by the City's financial advisor, and purchases and sales of investments made with bond proceeds (including amounts treated as "gross proceeds" of bonds under section 148 of the Code) and receipts of earnings in those investments; (b) Expenditures made with bond proceeds (including investment earnings on bond proceeds) for the governmental purposes of the bonds; (c) Calculations that will be sufficient to demonstrate to the Internal Revenue Service ( "IRS ") upon an audit of a bond issue that, where applicable, the City has complied with any available exception to the arbitrage rebate requirement in respect of that bond issue; (d) Calculations that will be sufficient to demonstrate to the IRS upon an audit of a bond issue for which no exception to the arbitrage rebate requirement was applicable, that the rebate amount, if any, was payable to the United States of America in respect of investments made with gross proceeds of that bond issue, was calculated and timely paid with Form 8038 -T timely filed with the IRS; and - 149?�- 47139341 (e) Information and records showing that investments held in yield- restricted advance refunding or defeasance escrows for bonds, and investments made with unspent bond proceeds after the expiration of the applicable temporary period, were not invested in higher yielding investments. The Finance Director shall also: (a) Ensure that any third -party entity tasked with investment responsibility for governmental bonds is provided with a copy of the tax compliance or arbitrage certificate for each bond issue and is advised as to all investment restrictions with respect to the proceeds of and funds related to any governmental bonds issued by the City; (b) Cause any funds subject to yield restriction to be segregated; (c) If necessary, hire an independent contractor annually or every five years, as the case may be and as required by any arbitrage certificate, to perform all arbitrage and rebate calculations and to review the City's investment process to ensure that it is in compliance; and (d) If necessary, consult with Bond Counsel prior to engaging in post - issuance credit enhancement transactions. 3. Record Retention Requirements. It is the policy of the City that, unless otherwise permitted by future IRS regulations or other guidance, written records (which may be in electronic form) will be maintained with respect to each bond issue for as long as those bonds remain outstanding, plus three years. For -149- 47139341 this purpose, the bonds include refunding bonds that refund the original bonds and thereby refinance the property that was financed by the original bonds. In maintaining electronic storage, the Finance Director will comply with applicable IRS requirements such as those contained in Revenue Procedure 97 -22. The records to be obtained and maintained are to include: (a) The official transcript of proceedings for the original issuance of the bonds (including ensuring that all applicable documents are included in such transcript); (b) Records showing how the bond proceeds were invested, as described in 2 above; (c) Records showing how the bond proceeds were spent, as described in 1 above, including, but not limited to, loan documents, construction contracts, draw requests, invoices, payment of bond issuance costs, and records of "allocations" of bond proceeds to make reimbursement for project expenditures made before the bonds were actually issued; (d) Information, records, and calculations showing that, with respect to each bond issue, the City was eligible for an exception to the arbitrage rebate requirement or, if not, that the rebate amount, if any, that was payable to the United States of America in respect of investments made with gross proceeds of that bond issue, was calculated and timely paid with Form 8038 -T timely filed with the IRS, as described in 2 above; -1494- 5 47139340 (e) Schedules of all bond - financed facilities, including whether such facilities are land, buildings, or equipment, economic life calculations, and information regarding depreciation; (f) Records and agreements related to any trade or business activities by or with non - governmental entities or persons with respect to any facilities financed with the proceeds of governmental bonds, including, but not limited to, management agreements and leases; and (g) Documentations of all sources of payment or security for the issue. The basic purpose of the foregoing record retention procedure for the City's governmental bonds is to enable the City to readily demonstrate to the IRS upon a questionnaire or an audit of any bond issue that the City has fully complied with all federal tax requirements that must be satisfied after the issue date of the bonds. 4. Reissuance. The following policies relate to compliance with rules and regulations regarding the reissuance of bonds for federal law purposes. The Finance Director will: (a) Identify and consult with Bond Counsel regarding any post- issuance change to any terms of an issue of bonds which could potentially be treated as a reissuance for federal tax purposes; and (b) Confirm with Bond Counsel whether any "remedial action" in connection with a "change in use" (as such terms are defined in the Code and -1495- 6 47139341 Treasury Regulations) would be treated as a reissuance for tax purposes and, if so, confirm the filing of any new Form 8038 -G. 5. Direct Pay Bonds. (a) In addition to the other requirements herein, should the City issue direct pay bonds pursuant to Sections 54A through 54F of the Code, the Finance Director shall also be responsible for: (i) determining the amount of interest payable on each interest payment date and the proper amount of refundable credit reported on Form 8038 -CP; (A) as appropriate, the Finance Director shall compare the interest payment calculations to any independently- verified report prepared at closing for the bond issue; and (B) the Finance Director shall approve all disbursements. (ii) preparing and timely filing all Forms 8038 -CP; (A) timely filing of Form 8038 -CP shall be made to insure that payments are timely made on the interest payment date and such timely filing is ensured by the use of a third -party filing agent; and (B) in the case of bond issues with multiple maturities, a separate Form 8038 -CP shall be filed for each maturity; a I 47139341 (iii) ensuring all credit payments shall be requested to be made by wire. The Finance Director is familiar with the wire payment procedures for the City and will ensure that the Form 8038 -CP includes the proper information for payment of the credit to the proper person; and (iv) alternatively, hiring a third party (the "Filing Agent ") who shall be responsible for the matters in this Section 5 and any other responsibilities set forth in a filing agent agreement between the City and the Filing Agent. (b) In addition to the records retained pursuant to Section 3, the records to be obtained and maintained with respect to direct pay bonds are to include: (i) information, records, and calculations showing that Forms 8038- CP were properly prepared and timely filed, as described in (a) above; (ii) all contracts that are subject to the federal Davis -Bacon prevailing wage rules; and (iii) with respect to Qualified Energy Conservation Bonds, such documents, test results, audits, and reports obtained by the City that demonstrate that the final project has achieved a reduction in energy consumption in publicly -owned buildings by at least 20 %. - 149 47139341 (c) The Finance Director shall ensure that all contracts let for projects financed with direct pay bonds shall comply with the federal Davis -Bacon prevailing wage rules. 6. Taxable Governmental Bonds. Most of the provisions of these policies and procedures are not applicable to governmental bonds the interest on which is includable in gross income for federal income tax purposes. However, if an issue of taxable governmental bonds is later refunded with the proceeds of an issue of tax - exempt governmental refunding bonds, then the uses of the proceeds of the taxable governmental bonds and the uses of the facilities financed with the proceeds of the taxable governmental bonds will be relevant to the tax - exempt status of the governmental refunding bonds. Therefore, if there is any reasonable possibility that an issue of taxable governmental bonds may be refunded, in whole or in part, with the proceeds of an issue of tax- exempt governmental bonds then, for purposes of these policies and procedures, the Finance Director shall treat the issue of taxable governmental bonds as if such issue were an issue of tax- exempt governmental bonds and shall carry out and comply with the requirements of these policies and procedures with respect to such taxable governmental bonds. The Finance Director shall seek the advice of Bond Counsel as to whether there is any reasonable possibility of issuing tax - exempt governmental bonds to refund an issue of taxable governmental bonds. 7. Qualified 501(c)(3) If the City issues bonds to finance a facility to be owned by the City but which may be used, in whole or in substantial part, by a nongovernmental organization that is exempt from federal income taxation under Section 501(a) of the Code as a result of the application of Section 501(c)(3) of the Code (a "501(c)(3) Organization "), the City may elect to issue the bonds as i". 47139341 "qualified 501(c)(3) bonds" the interest on which is exempt from federal income taxation under Sections 103 and 145 of the Code and applicable Treasury Regulations. Although such qualified 501(c)(3) bonds are not governmental bonds, at the election of the Finance Director, for purposes of these policies and procedures, the Finance Director may treat such issue of qualified 501(c)(3) bonds as if such issue were an issue of tax - exempt governmental bonds and shall carry out and comply with the requirements of these policies and procedures with respect to such qualified 501(c)(3) bonds. Alternatively, in cases where compliance activities are reasonably within the control of the relevant 501(c)(3) Organization, the Finance Director may determine that all or some portion of the compliance responsibilities described herein shall be assigned to organization. 8. Conduit Bonds. The provisions of these policies and procedures are primarily intended to be applicable to governmental bonds. However, the City may from time to time issue qualified 501(c)(3) bonds or other qualified private activity bonds that are not governmental bonds and loan the proceeds thereof to a nongovernmental organization that is the obligor on such conduit bonds. Although such conduit bonds are not governmental bonds, at the election of the Finance Director, for purposes of these policies and procedures, the Finance Director may treat such issue of conduit bonds as if such issue were an issue of tax- exempt governmental bonds and shall carry out and comply with the requirements of these policies and procedures with respect to such conduit bonds. Alternatively, in cases where compliance activities are reasonably within the control of the relevant obligor, the Finance Director may determine that all or some portion of the compliance responsibilities described herein shall be assigned to or required of such obligor. 9. General Requirements. -1499- 10 47139341 (a) Periodically, the Finance Director shall consult with Bond Counsel, general counsel, and financial advisors to the City to determine if any changes to these procedures are advisable and shall amend these procedures accordingly. (b) These procedures may be amended or withdrawn from time to time and constitute internal management procedures for compliance with certain provisions of the Code and do not constitute and are not intended to be, rules of the City. Adopted this 12th day of June, 2012 on behalf of the City. CITY OF MOUND, MINNESOTA Its Finance Director -1500- 11 47139341 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MOUND, MINNESOTA HELD: June 12, 2012 Pursuant to due call, a regular meeting of the City Council of the City of Mound, Minnesota, was duly held at the City Hall on June 12, 2012, at 7:00 P.M., for the purpose in part of considering proposals and awarding the sale of $5,505,000 General Obligation Refunding Bonds, Series 2012B. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL ON THE SALE OF $5,505,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012B, PROVIDING FOR THEIR ISSUANCE AND PLEDGING NET REVENUES AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Mound, Minnesota (the "City "), after publication of the notice of public hearing, on September 13, 2011, held a public hearing on the proposed issuance of CIP Refunding Portion of the bonds (as hereinafter defined) pursuant to Minnesota Statutes, Section 475.521, Subd. 2 and on the proposed capital improvement plan, and adopted the Capital Improvement Plan for the City (the "Plan") in accordance with the provisions of Minnesota Statutes, Section 475.521, Subd. 3, which provided, in part, for the issuance of bonds to acquire the Public Safety Building (the "Facility ") which the City is leasing from the Housing and Redevelopment Authority of the City of Mound, Minnesota (the "HRA ") and in connection with the acquisition the current refunding of the outstanding HRA's Public Safety Building Lease Revenue Bonds, Series 2002 (City of Mound, Minnesota Lease Obligation), dated July 1, 2002 (the "Prior 2002 Bonds ") which financed the Facility; and B. WHEREAS, no petition signed by voters equal to five percent of the votes cast in the City in the last general election requesting a vote on the issuance of the capital improvement plan bonds has been filed with the City Manager within thirty days after the public hearing on the issuance of the Bonds; and C. WHEREAS, the City has also determined that it is necessary to provide moneys for a current refunding of the City's $1,675,000 original principal amount of General Obligation Revenue Bonds, Series 2004B, dated June 22, 2004 (the "Prior 2004B Bonds "); and D. WHEREAS, the City of Mound, Minnesota (the "City "), owns and operates a municipal water utility system (the "Water System "), a municipal sewer utility system (the "Sewer System "), and a municipal storm water utility system (the "Storm Water System" and, -1501- 4708516vl together with the Water System and the Sewer System, the "System "), as separate revenue producing public utilities and there are outstanding payable from the net revenues of the System: (i) $1,675,000 original principal amount of General Obligation Revenue Bonds, Series 2004B, dated June 22, 2004 (the "2004B Bonds "), (ii) $1,240,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2006B, dated April 11, 2006 (the "2006B Bonds "); (iii) 2,355,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2007B, dated April 5, 2007 (the "2007B Bonds "); (iv) $1,885,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2008C, dated June 4, 2008 (the "2008C Bonds "); (v) $5,060,000 original principal amount of General Obligation Utility Revenue bonds, Series 2009B, dated June 4, 2009 (the "2009B Bonds "); (vi) $1,490,000 original principal amount, which is the "System Portion" of the General Obligation Refunding Bonds, Series 2011A, dated February 2, 2011 (the "2011A Bonds "); and (vii) $2,840,000 original principal amount, which is the "System Portion" of the General Obligation Bonds, Series 2011 B, dated May 5, 2011 (the "2011B Bonds ", and together with the 2004B Bonds, the 2006B Bonds, the 2007B Bonds, the 2008C Bonds, the 2009B Bonds, and the 2011A Bonds, the "Outstanding System Bonds "); and E. WHEREAS, there is currently outstanding $3,325,000 original principal amount of General Obligation Water Revenue Bonds, Series 2005B, dated April 19, 2005 (the "Outstanding Water Revenue Bonds ", and together with the Outstanding System Bonds, the "Outstanding Bonds "), which are payable from the net revenues of the Water System; and F. WHEREAS, the City has heretofore determined, in accordance with Minnesota Statutes, Section 475.521, Subd. 4, that the maximum amount of principal and interest to become due in any year on the CIP Refunding Portion of the Bonds, and any other outstanding bonds issued under Minnesota Statutes, Section 475.521, is less than 0.16 percent of the taxable market value of property of the City; and G. WHEREAS, $4,790,000 aggregate principal amount of the Prior 2002 Bonds which mature, or are subject to mandatory redemption, on and after February 1, 2013 (the 'Refunded 2002 Bonds "), are callable on August 1, 2012 (the "Call Date "), as provided in the Mortgage and Security Agreement and Indenture of Trust dated as of July 1, 2002 (the "Prior 2002 Indenture "), and the refunding of the callable Prior 2002 Bonds is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and H. WHEREAS, $1,180,000 principal amount of the Prior 2004B Bonds which mature, or are subject to mandatory redemption, on and after February 1, 2013 (the 'Refunded 2004B Bonds" and together with the Refunded 2002 Bonds, the 'Refunded Bonds "), is callable on the Call Date at a price of par plus accrued interest, as provided in the Resolution of the City adopted May 25, 2004 (the "Prior 2004B Resolution "); and 1. WHEREAS, the City Council has heretofore determined that it is necessary and expedient to issue $5,505,000 General Obligation Refunding Bonds, Series 2012B (the 'Bonds" or individually, a 'Bond ") pursuant to Minnesota Statutes, Section 475.521 and Chapter 475 to provide funds to (i) acquire the Facility pursuant to a current refunding of the Prior 2002 Bonds and (ii) a current refunding of the Prior 2004B Bonds; and -1502- 2 4708516v1 J. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and K. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Manager, or designee, at the offices of Ehlers at 12:00 noon this same day pursuant to the Preliminary Official Statement dated May 31, 2012 established for the Bonds; and L. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: 1. Acceptance of Proposal The proposal of (the "Purchaser "), to purchase the Bonds in accordance with the Preliminary Official Statement established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Manager is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms (a) Original Issue Date; Denominations; Maturities; and Term Bond Option The Bonds shall be dated July 12, 2012, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 -1503- 3 4708516v1 2024 2025 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the forgoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation of Bonds to Prior 2002 Bonds and Prior 2004B Bonds, of Prepayments to Portions of Debt Service The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to refund the Prior 2002 Bonds (the "CIP Refunding Portion "). The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to refund the Prior 2004B Bonds (the "System Refunding Portion "): CIP Refunding System Refunding Year Portion Portion 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to either or both of the portions of debt service in such amounts as the City shall determine. If the source of the prepayment is taxes levied for the purchase of the Facility, the prepayment shall be allocated to the CIP Refunding Portion of debt service. If the source of a prepayment is excess net revenues of the System pledged to the System, the prepayment shall be allocated to the System Refunding Portion of debt service. (c) Book Entry Only System The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or successors to its functions hereunder (the "Depository ") will act as securities depository for the Bonds, and to this end: -1504- 4 4708516vl (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered certificate for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (i) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (i) With respect to the Bonds neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (i) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of the Holders of the Bonds as shown on the register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (i) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. -1505- 5 4708516v1 (i) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (i) All transfers of beneficial ownership interests in each Bond issued in book - entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (i) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (i) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agency registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (i) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d) Termination of Book- Entry Only System Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bonds if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. -1506- 6 4708516v1 (i) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository can be found which, in the opinion of the City, is willing and able to assume the functions of the Depository hereunder upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bonds that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (i) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations The provisions in the Letter of Representations are incorporated herein by reference and made a part hereof. If and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding igs The Bonds shall provide funds to (i) current refund the Refunded 2004B Bonds and to (ii) acquire the Facility as set forth in the Plan (the "Project "), pursuant to a current refunding of the Refunded 2002 Bonds (together, the "Refunding "). It is hereby found and determined that the Refunding is pursuant to Minnesota Statutes, Section 475.67 and shall result in a reduction of debt service cost to the City. 4. Interest The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 -1507- 7 4708516vl 5. Redemption All Bonds maturing on February 1, 2022, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2021, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Re ig_strar Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 11. 7. Form of Bond The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: -1508- 8 4708516v1 UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND 0 GENERAL OBLIGATION REFUNDING BOND, SERIES 2012B Interest Rate Maturity Date Date of Original Issue CUSIP February 1, _ July 12, 2012 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Mound, Hennepin County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or 'Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. -1509- 9 4708516v1 Optional Redemption All Bonds of this issue (the "Bonds ") maturing on February 1, 2022, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2021, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemption. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption; Partial Redemption To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation This Bond is one of an issue in the total principal amount of $5,505,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on June 12, 2012 (the "Resolution "), for the purpose of providing funds to finance the (i) acquisition of the Public Safety Building described in the Issuer's Capital Improvement Plan pursuant to a current refunding of the outstanding Public Safety Building Lease Revenue Bonds, Series 2002 of the Housing and Redevelopment Authority of the City of Mound, Minnesota, dated July 1, 2002 and (ii) a current refunding of the outstanding General Obligation Revenue Bonds, Series 2004B, dated June 22, 2004, pursuant to and in full conformity with the Constitution and laws of -1510- 10 a7oss16v1 the State of Minnesota, including Minnesota Statutes, Chapter 475. This Bond is payable out of the General Obligation Refunding Bonds, Series 2012B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax - Exempt Obligations This Bond has been designated by the Issuer as a "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect -1511- 11 47085160 charges for the service, use and availability of its municipal water, sewer and storm water utility systems (the "System ") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the System Refunding Portion of the Bonds, as defined in the Resolution, adequate to pay all principal and interest when due on the System Refunding Portion of the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on System Refunding Portion of the Bonds as they respectively become due, if the net revenues from the System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mound, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and the Manager, the seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: BOND TRUST SERVICES CCf • [ . 0] BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. BOND TRUST SERVICES CORPORATION Roseville, Minnesota, Bond Registrar IM Authorized Signature -1512- 12 Payable at: BOND TRUST SERVICES CORPORATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Manager 4708516vt ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- I5(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) -1513- 13 4708516v1 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER -1514- 14 4708516v1 8. Execution The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Manager and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by the Bond Registrar. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of July 12, 2012. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9 with respect to authentication) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. -1515- 15 4708516v1 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 11. Rights pon Transfer or Exchange Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 13 with respect to interest payment and record date) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts There is hereby created a special fund to be designated the "General Obligation Refunding Bonds, Series 2012B Fund" (the "Fund ") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in -1516- 16 4708516v1 the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts. (a) Redemption Accounts The following deposits shall be made from Bond proceeds: (i) $ in proceeds of the sale of the CIP Refunding Portion of the Bonds shall be deposited in the Bond Fund heretofore created by the Prior 2002 Indenture for the Prior 2002 Bonds (the "Prior 2002 Bonds Redemption Account "); (i) $ in proceeds of the sale of the System Refunding Portion of the Bonds shall be deposited in the Debt Service Account heretofore created by the Prior 2004B Resolution for the Prior 2004B Bonds (the "Prior 2004B Bonds Redemption Account "); The deposits into the Prior 2002 Bonds Redemption Account and the Prior 2004B Bonds Redemption Account (together, the "Redemption Accounts "), together with all other funds held therein, are sufficient to prepay the Refunded Bonds on the Call Date and to pay costs of issuing the Bonds. (b) Debt Service Account There shall be maintained two separate subaccounts in the Debt Service Account to be designated the "CIP Refunding Debt Service Subaccount" and the "System Refunding Debt Service Subaccount." There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) CIP Refunding Debt Service Subaccount To the CIP Debt Service Subaccount there shall be credited a pro rata share of (A) all funds paid for the Bonds in excess of the minimum bid; (B) any collections of all taxes herein or hereafter levied for the payment of the CIP Refunding Portion of the Bonds and interest thereon; (C) on and after the Call Date, any unexpended moneys in the Series 2002 Public Facility Lease Revenue Bond Fund created for the Prior 2002 Bonds; (D) on and after the Call Date, any balance remaining in the Public Safety Building Lease Revenue Bond Fund created in the Prior 2002 Indenture; (E) all investment earnings on funds held in the CIP Refunding Debt Service Subaccount; and (F) any and all other moneys which are properly available and are appropriated by the governing body of the City to the CIP Refunding Debt Service Subaccount. The CIP Refunding Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the CIP Refunding Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. (i) System Refunding Debt Service Subaccount To the System Refunding Project Debt Service Subaccount there shall be credited: (A) a pro rata share of all funds paid for the bonds in excess of the minimum bid; (B) the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the System Refunding Debt Service Subaccount, sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the -1517- 17 4708516v1 principal and interest of the System Refunding Portion of the Bonds; (C) any collections of all taxes which may hereafter be levied in the event that the net revenues of the System and other funds herein pledged to the payment of the principal and interest on the System Refunding Portion of the Bonds are insufficient therefore; (D) on and after the Call Date, any unexpended moneys in the General Obligation Revenue Bonds, Series 2004B Fund created in the Prior 2004B Resolution; (E) on and after the Call Date, any balance remaining in the Debt Service Account created in the Prior 2004B Resolution; (F) all investment earnings on funds held in the System Refunding Debt Service Subaccount; and (G) any and all other moneys which are properly available and are appropriated by the governing body of the City to the System Refunding Debt Service Subaccount. The System Refunding Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the System Refunding Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Covenants Relating to the CIP Refunding Portion of the Bonds (a) Tax Levy; Coverage Test To provide moneys for payment of the principal and interest on the CIP Refunding Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount 2012 -2023 2013 -2024 $ The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the CIP Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on -1518- 18 4708516v1 the CIP Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of the CIP Refunding Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Covenants Relating to the System Refunding Portion of the Bonds (a) Sufficiency of Net Revenues; Coverage Test It is hereby found, determined and declared that the net revenues of the System are sufficient in amount to pay when due the principal of interest on the System Refunding Portion of the Bonds and the Outstanding System Bonds and a sum at least five percent in excess thereof. The net revenues of the Water System are sufficient to pay the Outstanding Water Revenue Bonds and a sum at least five percent in excess thereof. The net revenues of the System are hereby pledged for the payment of the Bonds on a parity lien with the Outstanding Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the Bonds as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the System Portion of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues of the System may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (b) Excess Net Revenues Net revenues in excess of those required for the foregoing may be used for any proper purpose. (c) Covenant to Maintain Rates and Charges In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the System Refunding Portion of the Bonds and the Outstanding Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations." 18. General Obligation Pledge For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the net revenues of the System appropriated and pledged to the payment of principal and interest on the System Portion of the Bonds, together with other funds irrevocably appropriated to the System Refunding Debt Service Subaccount herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the -1519- 19 4708516v1 deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Prior Bonds; Security and Prepayment Until retirement of the Prior Bonds, all provisions for the security thereof shall be observed by the City and all of its officers and agents. The Refunded Bonds shall be redeemed and prepaid on the Call Date in accordance with the terms and conditions set forth in the Notices of Call for Redemption attached hereto as Exhibit B and Exhibit C, which terms and conditions are hereby approved and incorporated herein by reference. 20. Supplemental Resolution The Prior Resolutions authorizing the issuance of the Prior Bonds are hereby supplemented to the extent necessary to give effect to the provisions hereof. 21. Defeasance When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered Holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 22. Continuing Disclosure The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB ") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. -1520- 20 4708516v1 (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Manager of the City, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 23. Certificate of Registration A certified copy of this resolution shall be filed in the office of the Director of Property Tax and Public Records of Hennepin County, Minnesota, together with such other information as the Director shall require and the Director shall issue a certificate that the Bonds have been entered in the Director's Bond Register and that the tax levy required by law has been filed and levied. 24. Records and Certificates The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 25. Negative Covenant as to Use of Bond Proceeds and Project The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit it to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 26. Tax- Exempt Status of the CIP Refunding Portion of the Bonds; Rebate With respect to the CIP Refunding Portion of the Bonds, the City is subject to the rebate requirement imposed by Section 148(f) of the Code because the Refunded 2004B Bonds did not qualify for the small issuer exemption from rebate, as provided in Section 148(f)(4)(D) of the Code and Section 1.148 -8 of the Regulations. 27. Tax- Exempt Status of the System Refunding Portion of the Bonds; Rebate The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) -1521- 21 4708516v1 limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the six month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148 -7(c) of the Regulations. The Mayor and/or Finance Director are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 28. Designation of Qualified Tax - Exempt Obligations In order to qualify the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2012 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2012 have been designated for purposes of Section 265(b)(3) of the Code; (f) the aggregate face amount of the Bonds does not exceed $10,000,000; Furthermore: (g) each of the Refunded Bonds was designated as a "qualified tax exempt obligation" for purposes of Section 265(b)(3) of the Code; (h) the average maturity of the CIP Refunding Portion of the Bonds does not exceed the average maturity of the Refunded 2002 Bonds; (i) the average maturity of the System Refunding Portion of the Bonds does not exceed the average maturity of the Refunded 2004B Bonds; 0) no part of the Bonds has a maturity date which is later than the date which is thirty years after the date the Refunded Bonds were issued; and (k) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149(d)(5) of the Code, and shall not be taken into account under the $10,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of the Prior Bonds. -1522- 22 4708516v1 The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 29. Termination of Lease The City hereby elects to exercise its option under Section 10.4 of the Lease Agreement between the City and the HRA, dated as of July 1, 2002 (the "Lease ") to prepay its Rental Payments (as defined in the Lease) through the Call Date and deposit funds sufficient to refund the outstanding Prior 2002 Bonds on the Call Date. As provided in the Lease, the City hereby determines and declares that upon the issuance of the Bonds, the Lease shall be terminated and the HRA shall have no further right, title and/or interest in and to the Facility. 30. Severability If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 31. Headings Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. -1523- 23 4708516v1 STATE OF MINNESOTA CITY OF MOUND I, the undersigned, being the duly qualified and acting Manager of the City of Mound, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as the minutes relate to considering proposals and awarding the sale of $5,505,000 General Obligation Refunding Bonds, Series 2012B. WITNESS my hand on June _, 2012. Manager -1524- 24 4708516v1 EXHIBIT A Proposals -1525 - A -1 4708516v1 EXHIBIT B NOTICE OF CALL FOR REDEMPTION $6,860,000 PUBLIC SAFETY BUILDING LEASE REVENUE BONDS, SERIES 2002 HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the Board of Commissioners of the Housing and Redevelopment Authority of the City of Mound, Hennepin County, Minnesota (the "HRA "), there have been called for redemption and prepayment on August 1, 2012 those outstanding bonds of the HRA designated $6,860,000 Public Safety Building Lease Revenue Bonds, Series 2002, dated as of July 1, 2002, having stated maturity dates or subject to mandatory redemption in the years 2013 through 2024, inclusive, and totaling $4,790,000 in principal amount and having CUSIP numbers listed below: Year CUSIP Number* 2013 2014 2015 2016 2017 2018 2019 2021 2024 The bonds are being called at a price of par plus accrued interest to August 1, 2012, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at U.S. Bank National Association, Attention: Paying Agent Services, 60 Livingston Avenue, Roseville, Minnesota 55107. Dated: June 12, 2012 BY ORDER OF THE BOARD OF COMMISSIONERS, HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND, MINNESOTA Chairperson *The HRA shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. -1526 - B -1 4708516v1 EXHIBIT C NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION REVENUE BONDS, SERIES 2004B CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Mound, Hennepin County, Minnesota, there have been called for redemption and prepayment on February 1, 2012 those outstanding bonds of the City designated as General Obligation Revenue Bonds, Series 2004B, dated as of June 22, 2004, having stated maturity dates or subject to mandatory redemption in the years 2013 through 2025, inclusive, and totaling $1,180,000 in principal amount and having CUSIP numbers listed below: Year CUSIP Number* 2014 2016 2018 2021 2023 2024 2025 The bonds are being called at a price of par plus accrued interest to August 1, 2012, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at Bond Trust Services Corporation, 3060 Centre Pointe Drive, Roseville, Minnesota 55113. Dated: June 12, 2012 BY ORDER OF THE CITY COUNCIL /s/ , City Manager *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. - 1527 4708516v1 CITY OF MOUND RESOLUTION NO. 12- RESOLUTION RECOGNIZING AND EXPRESSING APPRECIATION TO MOUND - WESTONKA ROTARY CLUB FOR TYRONE PARK IMPROVEMENTS WHEREAS, the baseball field at Tyrone Park is used by the Upper Tonka Little League and the general public; and WHEREAS, the field's backstop and field surface were in a deteriorating state; and WHEREAS, the Mound - Westonka Rotary Club recognized these needs for improvement; and WHEREAS, the Mound - Westonka Rotary Club did use grant funds along with fundraising monies to renovate the field backstop and surface; and WHEREAS, these improvements made the field more user friendly and an asset to the City of Mound, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to recognize and express sincere appreciation to the Mound - Westonka Rotary Club for the improvements they made to Tyrone Park. Adopted by the City Council this day of _,2012. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk -1528- ivrour.rc� MOUND POLICE 2415 Wilshire Blvd. Telephone (952) 472 -0621 Mound, MN 55364 Dispatch (763) 525 -6210 Fax (952) 472 -0656 EMERGENCY 911 Date: May 17, 2012 To: City Manager /City Council From: Subject: Police Chief Mooney . Police Explorers Recognition The State Police Explorer Conference was held on April 19 -22 in Rochester, MN. The Mound Explorer Unit entered a Team of four Explorers (Brandon Wenande, Ben Wenande, Noah Sonie and Christian Westerberg) in the State -wide Police Skills Competition. Our Explorers competed in four events. The competition is structured so that all Units conduct a Crime Prevention exercise, but are not told which other 3 events they will be competing in until 30 minutes prior to the competition. Our Explorers took first place in Hostage Negotiation, First Aid, and Crime Prevention. This level of success is unprecedented for a small Post, and is even more remarkable considering that this is the third year in a row that Mound has won the Mandated Crime Prevention Event ! ! Sergeant Sussman has directed our Explorer Program throughout the years of this Championship run. He will introduce the other staff advisors and our Explorers and present these awards before the City Council. -1529- Ea L_'T'CN 11 N K Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 - Chaska, MTV 55318 -1172 Phone (952) 448 -8838 - Fax (952) 448 -8805 www.bofton- menk.com MEMORANDUM TO: norable Mayor and City Council FROM: VDaniel L. Faulkner, City Engineer. DATE: June 7, 2012 SUBJECT: Mound Storm Water Pollution Prevention Program (SWPPP) 2011 Annual Meeting —June 12, 2012 MPCA General Permit for Storm Water Discharge 1 N4=e As required by the National Pollutant Discharge Elimination System (NPDES), State statute requires that cities with populations in excess of 10,000 must obtain coverage under the state's General Permit for storm water discharge. The city of Mound was required to apply for Permit coverage in 2003, with revisions in 2006. The city is currently covered under the General Permit, which was originally set to expire in June of 2011. There has been much discussion and public input on draft rules revisions and additional public informational meetings have been scheduled by the Minnesota Pollution Control Agency (MPCA). This extensive process has moved the expiration date of the current General Permit back to late this year. The City will need to abide by the new rules, once they are adopted and renew its General Permit as required by state statute. What is the SWPPP? The primary requirement for coverage under the General Permit is the completion of a City Storm Water Pollution Prevention Plan (SWPPP). This plan outlines how the city will manage storm water to improve overall water quality and meet the requirements of the permit, which includes addressing multiple state- identified best management practices (BMPs). These BMPs are divided among 6 minimum control measures (MCMs), which are very briefly described below and accompanied with potential improvement options: MCM 1) Public Education and Outreach • Includes promoting water quality information to the general public, currently via: city newsletter, brochures available at city hall, posters at city hall and newspaper articles. • In 2011 the City has included links on its website to information or educational opportunities regarding general surface water management and best management practices. The City's quarterly newsletter, City Contact, has contained various articles on Documentl DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer -1530- f4 .Z • what residents can do to improve water quality.MCM 2) .Public Participation and Involvement • It is required that the City solicit public input on water quality - related issues. This requirement is met by the annual public meeting and 30 day advance notice which was published in the Saturday, May 5, 2012 edition of The Laker. MCM 3) Illicit Discharge Detection and Elimination • The City maintains its storm sewer and drainage area maps. • Public works addresses any illicit discharge reports from the public. MCM 4) Construction Site Storm Sewer Runoff' • The city currently requires sediment and erosion be controlled to State and Minnehaha Creek Watershed. District (MCWD) standards. City projects are inspected and weekly reports are made. • City should require submittal of weekly inspection logs from developer construction. MCM 5) Post - Construction Storm Water Management in New Development and Redevelopment • The City requires storm water treatment facilities meeting State and Watershed standards and plans are reviewed for verification. MCM 6) Pollution PreventionlGood Housekeeping • The City follows a regular street sweeping schedule, with greater emphasis put on heavier traffic areas. • The City has met the requirement to annually inspect a minimum of 20% of all storm sewer outfalls and 100% of all structural pollution control devices and keep appropriate records. • It is recommended that the City require maintenance agreements for developments with private ponds /rain gardens that are intended to meet the storm water requirements. • The City should continue to work with the Minnehaha Creek Watershed to implement Total Maximum Daily Load (TMDL) requirements as they arise. The City of Mound is in compliance with the General Permit for storm water discharge. Bolton & Menk staff will work with City staff to implement the above recommendations and other Control Measures and Best Management Practices as deemed appropriate and beneficial. No action is required. by City Council with. respect to the public meeting or the annual SWPPP report to be submitted to the MPCA before the June 30 deadline. Documentl DESIGNING ri1k7S 11"TER TOMORROW Rohon & Mork i3 on equal opportunity employer. CITY OF MOUND NOTICE OF PUBLIC MEETING The City of Mound holds a National Pollutant Discharge Elimination System (NPDES) Phase II permit from the Minnesota Pollution Control Agency (MPCA) with the og_al of reducing_ pollutant concentrations to surface waters As required, the City has prepared a Storm Water Pollution Prevention Plan ( SWPPP) and annually solicits public input on the Plan. Citizens are invited to participate in this year's annual meeting and to report general concerns regarding the SWPPP or specific information on illicit discharges within the community. Citizens have the opportunity to come to the meeting and express concerns orally or submit concerns in writing prior to the meeting. The City must consider citizen input and make appropriate adjustments to the SWPPP prior to submitting its annual report to the MPCA. The meeting will be held as part of a regularly scheduled council meeting at 7:00 p.m. on Tuesday, June 12, 2012. The council agenda will be available from the City or the City's website prior to the meeting date. The public is encouraged to submit written comments /concerns on the SWPPP by June 1, 2012 to City Hall, 5341 Maywood Road, Mound, MN 55364. A copy of the SWPPP is available for review at City Hall. For more information, contact the City at 952- 472 -0615. Published in The Laker on May 5, 2012 Posted May 1, 2012 -1532- DOCKS AND COMMONS COMMISSION MEETING Thursday, May 17, 2012 Present: Chair Jim Funk, Commissioners Mark Drahos, Susan Gardner, Rodney Beystrom, and Cliff Schmidt. Excused: David Osmek Staff Present: Public Works Superintendent Jim Fackler Public Present: None Chair Jim Funk called the meeting to order at 7:00 p.m. 1. Approval of Agenda MOTION by Funk, second by Gardner, to approve agenda as presented. MOTION carried unanimously. 2. Approval of April 19, 2012 Minutes MOTION by Schmidt, second by Drahos, to approve the minutes as written. MOTION approved unanimously 3. Comments and Suggestions — no one present 4. Public Lands Permit for 4555 Island View Drive Fackler introduced this brush removal project. Staff recommends approval with conditions. MOTION by Schmidt, second by Beystrom, to approve the public lands request as submitted. MOTION carried unanimously. S. Review of 2013 Fees Fackler stated that there was nothing new but suggested it might be better to look at it after the election. MOTION by Schmidt, second by Funk, to approve table discussion of fees until next year. MOTION carried unanimously. 6. Discussion of Devon Common Rip Rap Fackler reviewed the information provided and said that further field analysis needs to be done. It will be coming back to the commission next year once it's finished. -1533- 7. Discuss Dredging Informational only; No plans for now. 8. Review 2011 Annual Report Informational only; No discussion. 9. Review of the 2012 Calendar MOTION by Funk, second by Gardner, to accept the calendar as presented. MOTION approved unanimously. 10. Reports Jim Fackler — Villas are all rented out. It appears there is a new developer coming. There will be a re- evaluation of fees and agreements. Dreamwood adjustments are being addressed. Mark Drahos — (Car & Boat Show) He will send out an email with details soon. MOTION by Funk, second by Drahos, to adjourn. MOTION approved unanimously. 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E L a) a 0 a Q. a-� m C U C v u c m c L O OJ N N s a� C 7 N 3 N N E v Q O C E E 3 N .c u Q -1544- City of Mound, MN 2010 Permits Issued The Final Plat and Related Approvals for the Woodlyn Ridge residential development project were adopted by the City Council on May 25, 2010 including • RESOLUTION NO. 10 -33: RESOLUTION GRANTING FINAL PLAT APPROVAL FOR WOODLYN RIDGE RESIDENTAIL DEVELOPMENT AT 6301 LYNWOOD BOULEVARD • RESOLUTION NO. 10 -34: RESOLUTION TO APPROVE THE DEVELOPMENT AGREEMENT WITH TIMOTHY D HARTMAN FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301 LYNWOOD BOULEVARD • RESOLUTION NO. 10 -35: RESOLUTION TO APPROVE EARLY START AGREEMENT FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301 LYNWOOD BOULEVARD • RESOLUTION NO. 10 -36: RESOLUTION TO APPROVE A WETLAND BUFFER DECLARATION FOR THE WOODLYN RIDGE RESIDENTIAL DEVELOPMENT PROJECT AT 6301 LYNWOOD BOULEVARD • RESOLUTION NO. 10 -37: RESOLUTION TO APPROVE TRAIL EASEMENT AGREEMENTS FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301 LYNWOOD BOULEVARD • RESOLUTION NO. 10 -38: RESOLUTION AMENDING RESOLUTION NO. 08 -15, 08-16,08-17, AND 08 -114 FOR WOODLYN RIDGE RESIDENTIAL PROJECT LOCATED AT 6301 LYNWOOD BOULEVARD TO CORRECT TYPOGRAPHICAL ERRORS IN LEGAL DESCRIPTIONS Note: The Preliminary Plat/Major Subdivision, Conditional Use Permit- Planned Development Area and Water Resource Permit (stormwater and erosion control) for this project were originally approved in 2008 and were extended as needed. -1545- Harbor Wine & Spirits May 2012 Date Weather Cust 12 Cust 11 Variance Sales 12 Sales l l Difference +/- Cash +/- 5/1/2012 sun wind 66 359 359 6933.9 6933.9 -0.14 5/2/2012 SUN 80 281 228 53 5557.99 4822.38 735.61 0.24 5/3/2012 SUN 80 326 291 35 6233.49 5619.89 613.6 -1 5/4/2012 SUN 70 562 255 307 13539.99 4826.6 8713.39 5/5/2012 RAIN 70 595 276 319 14702.45 5562.44 9140.01 -1.71 5/6/2012 597 -597 13938.15 - 13938.15 5/7/2012 sun wnd 73 260 652 -392 4627.05 15923.29 - 11296.24 -0.22 5/8/2012 RAIN 70 266 266 5173.15 5173.15 0 5/9/2012 sun 70s 299 246 53 6120.14 4434.54 1685.6 0.45 5/10/2012 pt sun 72 279 293 -14 6117.22 6112.22 5 -0.03 5/11/2012 sun rain It 69 512 263 249 12275.18 5879.97 6395.21 0.31 5/12/2012 sun 78 686 227 459 17415.94 5029.19 12386.75 9.62 5/13/2012 463 -463 11228.34 - 11228.34 5/14/2012 sun 82 266 523 -257 5079.68 11945.4 - 6865.72 0.27 5/15/2012 sun wnd 70 326 326 6768.18 6768.18 -0.73 5/16/2012 sun mid 70s 314 260 54 6225.37 4722.56 1502.81 6 5/17/2012 sun mid 70s 305 313 -8 6431.05 6236.86 194.19 0.15 5/18/2012 sun to 90s 638 297 341 15320.74 5615.83 9704.91 -2.05 5/19/2012 sun mid 80s 650 298 352 15594.84 5834.65 9760.19 -0.87 5120/2012 521 -521 14854.26 - 14854.26 5/21/2012 sun 73 276 606 - 330 5411.87 14778.55 - 9366.68 -0.18 5/22/2012 sun to 80s 340 340 8011.28 8011.28 0.69 5/23/2012 rain hi 70s 299 233 66 6123.94 4459.61 1664.33 0.2 5/24/2012 rain 4 +inch 305 289 16 6434.71 5985.54 449.17 0 5/25/2012 pt sun 74 660 269 391 17337.3 5077.06 12260.24 0.62 5/26/2012 off /on rain 685 352 333 22365.81 8294.36 14071.45 -1.62 5/27/2012 597 -597 15880 -15880 5/28/2012 sun 731twnd 383 787 -404 7977.97 22431.62 - 14453.65 1.27 5/29/2012 ptsunwnd 63 252 252 5119.1 5119.1 0.97 5/30/2012 sun mid 60s 255 329 -74 5350.02 6954.6 - 1604.58 -1.13 5/31/2012 sun 70 276 290 -14 5804.14 5737.65 66.49 0.65 Totals 10655 9755 `� 244052.5 222185.56 21866.4 11.36 l� -1546- it Metropolitan Council May 29, 2012 Kandis Hanson City Manager City Of Mound 5341 Maywood Rd Mound, MN 55364 -1687 Dear Ms. Hanson: Each year, the Metropolitan Council prepares population and household estimates as of April 1 of the previous year. Local governments are invited to review and comment on the preliminary estimates. The Council will certify final estimates by July 15 for State government use in allocating local government aid and local street aid. The Metropolitan Council estimates that the City of Mound h d 9,8 r , ple and 3,987 households as of April 1, 2011. Household size averaged 2.27 persons per house d ng0 . - 4 p With this letter, the Council is reporting the data inputs used to develop the preliminary estimates for your community. Starting with Census 2010 counts, the Council estimates current population and households through changes in the housing stock, occupancy rates and persons per household. Input data sources include the U.S. Census Bureau's American Community Survey, and housing stock data, manufactured home parks, and group quarters data collected by Metropolitan Council Research. For more information on the Council's population estimates model, please visit the Council's website at http: / /stats.metc.state.nm.us /stats /pdf/EstimatesMethod.pdf, or contact Baris Gumus -Dawes at 651- 602 -1331. Importantly, the Council has redesigned our estimation process this year to use Census 2010 counts as a base year, or starting point. Thus, Census 2010 largely governs the estimates we share today. If you think that some aspect of the Census 2010 counts is in error, the Census Bureau has established a Count Question Resolution process. Questions and appeals to the Census Bureau must be submitted by the end of May 2013. For more information on Census 2010 counts, please visit the Bureau's website at http: // 2010. census .gov /2010census /about/cgr.php Council staff welcomes discussion of the 2011 preliminary estimates. Under Minnesota Statutes 473.24, the Metropolitan Council must receive your comments, questions or specific objections, in writing, by June 25. Please send any written comments or questions to Baris Gumus- Dawes, Metropolitan Council Research, 390 Robert Street North, Saint Paul, MN 55101; or by e-mail to baris.dawes @metc.state.mn.us Sincerely, Todd Graham Principal Demographer ` w` -1547 uncil.org 390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An Equal Opportunity Employer 2011 Annual Population Estimates Mound city, Hennepin County, Minnesota Households: 3,987 Population in Households: 9,070 Average Household Size: 2.275 Housing Total: 4,381 Population in Group Quarters: 14 Occupancy Rate: 91.01% Total Population: 9,084 The Council's Annual Estimates account for housing stock changes since April 1, 2010. These include housing units permitted and other changes. Other changes are due to demolitions, building conversions (units added or lost), city boundary changes (units annexed in or out), and other changes reported by city and township staff. The Council assumes that 85% of multifamily and 95% of single - family- detached units permitted in 2010 were completed by April 1, 2011; the remainder are assumed occupiable later. Manufactured homes are counted each year from Metropolitan Council surveys of manufactured home park operators and local governments. Other housing (boats, RVs, etc. used as housing) is an estimate from the most recent American Community Survey estimates. Housina Stock Newly built Other chanaes Housina Stock Persons Per April 1, 2010 since 2010 since 2010 April 1, 2011 Single- family- detached: 3,241 6 -4 3,243 Townhomes: 252 0 0 252 Duplex, 3 -, 4 -plex units: 105 0 0 105 Multifamily units: 768 0 0 768 Manufactured homes: 13 768 89.33% 13 Other (boats, RVs, etc. used as housing): 0 Manufactured homes: 13 0 Housing Stock Total: 4,379 4,381 Each housing type will have a specifically estimated occupancy rate and average household size. Starting with the 2011 -12 cycle, the primary data are the most recent American Community Survey estimates, calculated and adjusted as described in the Council's methodology, available online at http://stats.metc.state.mn.us/stats/aboutestimates.aspx Definitions: A household is a group of people (or one person alone) occupying a housing unit. The number of occupied housing units and the number of households are equivalent. Population in Group Quarters (or institutional housing) is counted separately through an annual Metropolitan Council survey. Housina Stock Occupancy Occupied with Persons Per Population April 1, 2011 Rate 2011 Households Household in 2011 Single- family- detached: 3,243 91.41% 2,964 2.442 7,238 Townhomes: 252 91.41% 230 2.442 562 Duplex, 3 -, 4 -plex units: 105 94.16% 99 3.051 302 Multifamily units: 768 89.33% 686 1.356 930 Manufactured homes: 13 59.06% 8 4.724 38 Other: 0 Counted only if 0 1.400 0 occupied Housing Total: 4,381 Households: 3,987 In Households: 9,070 In Group Qtrs: 14 Total Population: 9,084 -1548 - 4� metropoutm oO 5/25/2012 it Metropolitan Council Local Population Counts and Census - a workshop for local governments. Local Population Counts and Census is a 2.5 hour workshop. It will be offered at two locations: • June 14, 2:00 — 4:30 pm, at Ridgedale Library, Meeting Room 172, 12601 Ridgedale Dr, Minnetonka • June 18, 2:00 — 4:30 pm, at Metropolitan Council, Meeting Room LLA, 390 North Robert Street, St. Paul The first half of the workshop will cover. Reviewing Census 2010 and Count Question Resolution. (2:00 — 3:15) Census population counts for 2010 are the culmination of a great effort by the US Census Bureau and a high level of public participation. Still, the Census Bureau acknowledges that the new data could include scattered errors and undercounts. (http: // 2010. census .gov /2010census /about/cqr.php ) Errors can occur where the Census used inaccurate geographic boundaries or inaccurate geocoding of addresses. Miscounts also result from exclusions or duplications due to Census processing errors. Metropolitan Council staff are offering technical advice for local governments that want to analyze and evaluate 2010 Census results. The workshop will introduce the Census's Count Question Resolution (CQR) process and provide guidance on how to prepare a count challenge and present supporting evidence.. Between now and May 2013, the Census Bureau is accepting questions and "challenges" from local governments that suspect their local enumeration counts are in error. For local governments, the post -2010 CQR process now puts the ball in your court. Local governments are responsible for questioning and challenging Census count problems. The last hour of the workshop will cover: Local Population Counts, 2011 and beyond. (3.30— 4:30) Each year, the Metropolitan Council estimates local population and households (Minnesota Statutes 473.24). Data on housing stock, occupancy rates and persons per household inform the calculation of estimates. Importantly, the estimation process has been re- programmed this year with new calculations, and using Census 2010 counts as a base year, or starting point. Local governments received preliminary estimates in late May, and have opportunity in June to review and comment on the preliminary estimates. In this workshop, Council staff will review the estimates calculations and data sources. Space is limited. Please RSVP for the workshop date /location of your choice: http : / /metrocouncil.eventbrite.com or email research @metc.state.mn.us www -1549 zncil.org 390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An Equal Opportunity Employer