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2013-04-09 CC Agenda PacketPLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA MOUND CITY COUNCIL TUESDAY, APRIL 9, 2013 - 7:00 PM REGULAR MEETING MOUND CITY COUNCIL CHAMBERS *ConsentAQenda: 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. Open meeting 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. *Consent Agenda *A. Approve payment of claims *B. Approve minutes: March 26, 2013 regular meeting *C. Approve for Our Lady of the Lake Catholic Church - "The Blast," May 18, 2013, with fees paid 1. Public Dance /Live Music Permit 2. Temporary On -Sale Liquor Permit 3. Exempt Permit for Raffle 4. Temporary Sign Permit Application *D. Approve Public Gathering Permit for Minnesota Pro Team, LLC, Big Bass Bonanza Tournament Weigh -In at Mound Bay Park on Sat, June 16, 2013, with fees paid Page 731 -753 754 -757 758 759 760 -761 762 -766 767 *E. Approve an Ordinance Amending Chapter 6 of the Mound City Code 768 as it Relates to Alcoholic Beverages *F. Approve a Resolution Authorizing Publication of an Ordinance by Title 769 and Summary, as it Relates to Alcoholic Beverages *G. Approve Resolution Approving Expansion Permit for Property at 1571 770 -774 Finch Lane (Planning Case No. 13 -13) *H. Approve Resolution Approving Variance for 1571 Finch Lane 775 -778 (Planning Case No. 13 -03) *I. Approve Seasonal Request for 2013 Mound Farmers' Market and More 779 -789 in downtown Mound PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS *J. Approve Resolution Awarding Contract for the 2013 Street, Utility and 790 -792 Retaining Wall Improvement Project, City Project No's. PW- 13 -01, PW -13 -02 and PW- 13 -05, to GMH Asphalt Corporation in the amount of $4,577,797.29 *K. Approve Resolution Approving Plans and Specifications and Ordering 793 -796 Advertisement for Bids, 2013 Sanitary Sewer Lining Project, City Project No. PW -13 -06 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) 6. Jan Callison, Hennepin County Commissioner Stacie Kvilvang, Financial Advisor /Executive Vice President of Ehlers & Assoc, presenting the results of the bond sale and requesting action on the following: A. Resolution Accepting Proposal on the Sale of $6,470,000 General Obligation 797 -824 Utility and Improvement Bonds, Series 2013A, 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 $2,580,000 Taxable General 825 -850 Obligation Bonds, Series 2013B, Providing for their Issuance and Pledging for the Security Thereof Tax Increments and Net Revenues and Authorizing Execution of a Pledge Agreement 8. Carlton Moore, Public Works Dir, requesting action on Resolution Authorizing 851 -859 Installation of Stop Signs on Grandview Boulevard as it Intersects with Bellaire Lane and Hillcrest Road 9. Carlton Moore, Public Works Dir, requesting action regarding Wolner Field property A. Action on Resolution Terminating the Recreational Land Lease, as amended, 860 -867 between the City of Mound and the Upper Tonka Little League for the Wolner Field Property B. Action on Resolution Approving Declaration Regarding Stormwater 868 -877 Operation and Maintenance at the Wolner Field Property C. Action on Resolution Approving Lease Agreement between the City of 878 -886 Mound and ISD # 277 (Westonka) for the Wolner Field Property 10. Information/Miscellaneous A. Comments /reports from Councilmembers /City Manager B. Minutes: Planning Commission: Mar 5, 2013 887 -889 Planning Commission: Mar 19, 2013 890 -891 C. Reports: Orono Police Comm Meeting agenda: Mar 27, 2013 892 -924 Minnetrista & Met Council Environmental Services 925 -929 (MCES) Sanitary Forcemain Rehab Project w 11. Adjourn PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS Correspondence: Letter to legislators on tax forfeitures: Apr 1, 2013 930 Letter from Mediacom on rates: Mar 29, 2013 931 -932 Letter from Kennedy & Graven Re: the Suburban Rate 933 -934 Authority Assessments Hennepin County Assessors -2013 Assessment and Open Book Info (See separate Packet) YEAR BATCH NAME DOLLAR AMOUNT 2013 MAR13- ELANCC $ 11883.57 2013 4- 2CITYMAN $ 12,462.10 2013 040913CITY $ 72,455.04 2013 040913HWS $ 69,493.93 2013 0213KENGRAV $ 6,202.00 �TOTAL CLAIMS �l $ 162,496.64� -731- SAFINANCE DEPT\AP \CITY COUNCIL CLAIMS LISTING 2013.xisx 4 -9 -13 MOUND, MN Payments 04/04/13 11:08 AM Page 1 Current Period: March 2013 u,.. Batch Name MAR13- ELANCC User Dollar Amt $1,883.57 Payments Computer Dollar Amt $1,883.57 Refer 4 ELAN CREDIT CARD Cash Payment E 609 - 49750 -200 Office Supplies Invoice 03252013 3/25/2013 Cash Payment E 602 - 49450 -434 Conference & Training Invoice 03252013 3/25/2013 Cash Payment E 222 - 42260 -434 Conference & Training Invoice 03252013 3/25/2013 Cash Payment E 222 - 42260 -210 Operating Supplies Invoice 03252013 3/25/2013 Cash Payment E 601 -49400 -455 Permits Invoice 03252013 3125/2013 Cash Payment E 602- 49450 -230 Shop Materials Invoice 03252013 3/25/2013 Cash Payment E 222 - 42260 -208 Instructional Supplies $0.00 In Balance OFFICE MAX -COPY PAPER -HWS WATER & WASTEWATER CONF. -R. HANSON 3 -1 -13 Project 13 -3 HILTON GARDEN INN - MANKATO -T MYERS ADVANCED VENTILATION FIRE TRAINING 3- 1 TO 3 -3 -13 MPLS OXYGEN GOAT PALM GLOVES -22 PRS UTILITY PERMIT HENNP CTY 2 -12 -13 WATERMAIN BREAK 5218 BARTLETT SEARS- SHOP SUPPLIES- PRYBAR, WRENCH, SOCKET SET, BITS Project 13 -3 FIRST RESPONDER 8TH EDITION -6 BOOKS FOR NEW FIREFIGHTERS Invoice 03252013 3/25/2013 Cash Payment E 222 - 42260 -409 Other Equipment Repair COUNTRYSIDE COVERS TRUCK ACCESS.- 2 80# 191/2 PROPS -TARPS Invoice 03252013 3/25/2013 Transaction Date 4/4/2013 Fund Summary 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND Wells Fargo 10100 10100 Wells Fargo $1,190.21 $215.00 $447.28 $31.08 $1,883.57 Pre - Written Check $0.00 Checks to be Generated by the Computer $1,883.57 Total $1,883.57 -732- Total $31.08 $95.00 $306.86 $271.88 $215.00 $352.28 $547.10 $64.37 $1,883.57 MOUND, MN Payments Current Period: April 2013 Batch Name 4- 2CITYMAN Payment Computer DollarAmt $12,462.10 Posted Refer 3 LAKE MINNE_TONKA CONSERVATI Ck# 043336 4/2/2013 Cash Payment E 281 - 45210 -439 LMCD CITY OF MOUND DOCK PROGRAM FEES 2013 DOCKS & SLIPS Invoice 04022013 3/26/2013 Cash Payment E 281 - 45210 -439 LMCD CITY OF MOUND DOCK PROGRAM FEES 2013 VILLAS Invoice 04022013 3/26/2013 Cash Payment E 101- 45200 -430 Miscellaneous CITY OF MOUND DOCK PROGRAM FEES 2013 TRANSIENT Invoice 04022013 3126/2013 Transaction Date 4/2/2013 Due 0 Wells Fargo 10100 Total Refer 4 R. C. ELECTRIC, INCORPORATED Ck# 043337 4/2/2013 -- �� -� -� Cash Payment E 101 -49999 -430 Miscellaneous REWIRE KEY SWIPE LOW VOLTAGE -MOVE TO NEW LOCATION PUBLIC SAFETY BLDG Invoice 3682 1/29/2013 Project CH2O13 Transaction Date 4/2/2013 Due 0 Wells Fargo 10100 Total Refer - 2 SUNDBERG, RICHARD Ck# 043338 4/2/2013 Cash Payment G 101 -23150 New Construction Escrow REFUND NEW CONSTRUCTION ESCROW- 4539 ISLAND VIEW DR. - R. SUNDBERG Invoice 04032013 3/29/2013 Transaction Date 4/212013 Due 0 Wells Fargo 10100 Total Refer 1 VERIZON WIRELESS ........, ... .... ... .,. ..... , ..�:.....m,. Ck# 043339 4/2/2013 Cash Payment E 101- 43100 -321 Telephone & Cells CELL PHONE CHARGES 2 -13 -13 THRU 3 -14- 2013 Invoice 9701537796 3/13/2013 Cash Payment G 101 -22816 Personal Cell Phone Invoice 9701537796 3/13/2013 Cash Payment G 101 -13100 Due From Other Funds Invoice 9701537796 3/13/2013 Cash Payment E 222 - 42260 -321 Telephone & Cells Invoice 9701537796 3/13/2013 Cash Payment E 101 -41310 -321 Telephone & Cells Invoice 9701537796 3/13/2013 Cash Payment E 101 - 45200 -321 Telephone & Cells Invoice 9701537796 3/13/2013 Cash Payment E 101- 42400 -321 Telephone & Cells Invoice 9701537796 3/13/2013 Cash Payment E 602 - 49450 -321 Telephone & Cells Invoice 9701537796 3/13/2013 CELL PHONE CHARGES 2 -13 -13 THRU 3 -14- 2013 EE PERSONAL USE OVERAGE TO BE REIMBURSED CELL PHONE CHARGES 2 -13 -13 THRU 3 -14- 2013 IKM CELL PHONE CHARGES 2 -13 -13 THRU 3 -14- 2013 CELL PHONE CHARGES 2 -13 -13 THRU 3 -14- 2013 CELL PHONE CHARGES 2 -13 -13 THRU 3 -14- 2013 CELL PHONE CHARGES 2 -13 -13 THRU 3 -14- 2013 CELL PHONE CHARGES 2 -13 -13 THRU 3 -14- 2013 -733- 04/04/13 9:55 AM Page 1 $4,690.00 $595.00 $332.50 $5,617.50 $765.00 $765.00 $5,000.00 $5,000.00 $220.14 $134.49 $33.18 $101.04 $55.25 $116.50 $21.24 $192.40 Current Period: April 2013 04/04/13 9:55 AM Page 2 Cash Payment E 601- 49400 -321 Telephone & Cells CELL PHONE CHARGES 2 -13 -13 THRU 3 -14- $205.36 2013 Invoice 9701537796 3/13/2013 Transaction Date 3/2712013 �H Fund Summary 602 SEWER FUND 601 WATER FUND 281 COMMONS DOCKS FUND 222 AREA FIRE SERVICES 101 GENERAL FUND Due 0 Wells Fargo 10100 10100 Wells Fargo $192.40 $205.36 $5,285.00 $101.04 $6,678.30 $12,462.10 Pre - Written Check $12,462.10 Checks to be Generated by the Computer $0.00 Total $12,462.10 -734- Total $1,079.60 MOUND, MN 04/04113 9:51 AM Page 1 Payments Current Period: April 2013 _.k .,,,,,. s .., ..,. ,,,v, ,.,.N, Batch Name 040913CITY User Dollar Amt $72,455.04 Payments Computer Dollar Amt $72,455.04 $0.00 In Balance Refer 1 ALLIED WASTE _ Cash Payment E 101 -42110 -384 Refuse /Garbage Disposa APRIL 2013 GARBAGE SVC PUB SAFETY $114.75 BLDG Invoice 0894 - 003144000 3/2512013 Cash Payment E 222 - 42260 -384 Refuse /Garbage Dispose APRIL 2013 GARBAGE SVC PUB SAFETY $114.75 BLDG Invoice 0894 - 003144000 3/25/2013 Cash Payment E 602 -49450 -384 Refuse /Garbage Dispose APRIL 2013 GARBAGE SVC PUBLIC WORKS $114.29 BLDG Invoice 0894 - 003144002 3/25/2013 Project 13 -3 Cash Payment E 101 - 41910 -384 Refuse /Garbage Disposa APRIL 2013 GARBAGE SVC CITY HALL $118.90 Invoice 0894 - 003141255 3/25/2013 Cash Payment E 101 - 45200 -384 Refuse /Garbage Dispose APRIL 2013 GARBAGE SVC PARKS $204.47 Invoice 0894 - 003141812 3/2512013 Cash Payment E 670- 49500 -440 Other Contractual Servic MARCH 2013 CITYWIDE RECYCLING SVC $12,991.77 Invoice 0894 - 003140872 3/25/2013 Transaction Date 413/2013 Wells Fargo 10100 Total $13,658.93 Refer 2 AMERICAN MESSAGING _ Cash Payment E 602- 49450 -440 Other Contractual Servic REPLACEMENT OF WATER DAMAGED $28.00 PAGER Invoice D2062026ND 4/1/2013 Project 13 -3 Transaction Date 4/3/2013 Wells Fargo 10100 Total $28.00 Refer 43 COMMUNICATIONS _ _ANCOM Cash Payment E 222 - 42260 -325 Pagers -Fire Dept. REPLACE MINITOR PAGER -TEST & ALIGN $95.00 Invoice 36189 3/14/2013 Cash Payment E 222 - 42260 -325 Pagers -Fire Dept. REPLACE MINITOR PAGER -TEST & ALIGN $95.00 Invoice 36188 3/14/2013 Transaction Date 4/312013 Wells Fargo 10100 Total $190.00 Refer 53 APACHE GROUP - Cash Payment E 10141910 -210 Operating Supplies C -FOLD TOWELS -CITY HALL $314.28 Invoice 163409 4/2/2013 Transaction Date 4/4/2013 Wells Fargo 10100 Total $314.28 Refer 31 ASPEN EMBROIDERY AND_DE_S_IG Cash Payment E 222 - 42260 -210 Operating Supplies 24 DOZEN MFD DUTY T- SHIRTS W/ MFD $1,522.95 LOGO- FOR FIREFIGHTERS & RE -SALE Invoice 04092013 4/3/2013 PO 24240 Transaction Date 41312013 Wells Fargo 10100 Total $1,522.95 Refers, .3 BATTERIES PLUS Cash Payment Payment E 101 - 43100 -210 Operating Supplies BATTERIES: 6V ALKALINE LANTERNS, 24V $126.54 2.5A WATERPROOF #213 STREET DEPT Invoice 018 - 296925 3114/2013 PO 22032 Cash Payment E 602 - 49450 -210 Operating Supplies 9V ALKALINE 2 PK $5.29 Invoice 018 - 296925 3/14/2013 PO 22032 Project 13 -3 Transaction Date 4/3/2013 Wells Fargo 10100 Total $131.83 Refer 4 BENIEK PROPERTY SVCS INC _ -735- Iit1*111 I Big Jil. Payments 04/04113 9:51 AM Page 2 Current Period: April 2013 Cash Payment E 101- 43100 -440 Other Contractual Servic MARCH CBD SNOWPLOW COMMERCIAL $5,964.00 AREAS: COMMERCE BLVD, PARKING DECK, CITY BLVDS Invoice 140749 3/31/2013 Transaction Date 4/3/2013 Refer 46 BERRY COFFEE COMPANY Cash Payment E 222 - 42260 -210 Operating Supplies Invoice 1080688 3/20/2013 Transaction Date 4/3/2013 Refer 5 BORDER STATES ELECTRIC SUPP� Cash Payment E 101- 43100 -210 Operating Supplies Invoice 905424346 3/2512013 PO 22820 Transaction Date 4/3/2013 Refer 6 CARGIL SALT DIVISION Cash Payment E 101- 43100 -237 Deicing Salt Invoice 2901042561 3/14/2013 Transaction Date 4/3/2013 Refer 56 CARQUEST OF NAVARRE RIM Cash Payment E 602- 49450 -221 Equipment Parts Invoice 6974 - 199986 317/2013 Cash Payment E 602 - 49450 -221 Equipment Parts Invoice 6974 - 200042 3/8/2013 Cash Payment E 602- 49450 -221 Equipment Parts Invoice 6974- 200105 3/1112013 Cash Payment E 602 - 49450 -221 Equipment Parts Invoice 6974 - 200174 3112/2013 Cash Payment E 601- 49400 -221 Equipment Parts Invoice 6974 - 200097 3111/2013 Cash Payment E 101- 43100 -221 Equipment Parts Invoice 6974 - 200187 3112/2013 Cash Payment E 101 - 43100 -221 Equipment Parts Invoice 6974 - 200446 3/18/2013 Cash Payment E 101 - 43100 -221 Equipment Parts Invoice 6974 - 200465 3/18/2013 Cash Payment E 101- 43100 -221 Equipment Parts Invoice 6974 - 200470 3/18/2013 Cash Payment E 101 - 43100 -221 Equipment Parts Invoice 6974 - 200571 3120/2013 Cash Payment E 602 - 49450 -230 Shop Materials Invoice 6974 - 200485 3/19/2013 Cash Payment E 101- 43100 -221 Equipment Parts Invoice 6974 - 196311 12/21/2012 Cash Payment E 101 - 43100 -221 Equipment Parts Invoice 6974- 194595 2128/2013 Transaction Date 414/2013 Refer 7 CENTERPOINT ENERGY (MINNEG Wells Fargo 10100 COFFEE, CREAMER, COCOA Total $5,964.00 $87.50 Wells Fargo 10100 Total 12 STREET LIGHTS Wells Fargo 10100 Total DEICER SALT BULK SHIPPED 3 -14 -13 $87.50 $128.72 $128.72 $4,054.32 Wells Fargo 10100 Total $4,054.32 BATTERY- MARINE STARTING #213 $205.37 BATTERY- HOLD DOWN, HLD DWN BELT $17.61 #213 ENGINE HEATER #213 $44.22 DIESEL FUEL COND #213 $4.22 MICRO V BELT #508 $37.36 BLK RUB TRK FLP STREETS #605 $21.62 LUBE TERRACAIR DEF 2.5 GAL #412 $23.58 STREETS RUBBER BELT #206 $8.54 RUBBER BELT #206 $8.54 SNOWPLOW LAMP KIT $109.00 LUBE TERRACAIR DEF 2.5 GAL STOCK $11.79 Project 13 -3 DIESEL FUEL SUPPLEMENT, HEET FUEL $91.29 ANTIFREEZE BATTERY CORE RETURN CREDIT - $89.93 Wells Fargo 10100 Total $493.21 �w -736- MOUND, MN 04/04/13 9:51 AM Page 3 Payments Current Period: April 2013 .'.....ivX,,wtltYr±vY SJw. �v)„ vvNV tiuk., x. rtt,. a?aP«' 1M" XY, ?';"" k11' il5'. Sk"" �4t*. 1" ska" wt` v3dr�0.ti\ l2" r+^ rv�llVdfiiN1?4R4\ t' v",",.. W.,. �Vsl` SS% 31uaa` lw `,a$Guu°;FS"�"."d'"uv�i"=ir�.v. Cash Payment E 602 - 49450 -383 Gas Utilities 2649 EMERALD DR. LS E3 GENERATOR $19.20 NATL GAS SVC 2 -19 -13 THRU 3 -20 -13 Invoice 04092013 3/22/2013 Cash Payment E 602 - 49450 -383 Gas Utilities Invoice 04092013 3/22/2013 Cash Payment E 602 - 49450 -383 Gas Utilities Invoice 04092013 3/22/2013 Cash Payment E 602 - 49450 -383 Gas Utilities Invoice 04092013 3/22/2013 Cash Payment E 602 - 49450 -383 Gas Utilities Invoice 04092013 3/22/2013 Transaction Date 4/3/2013 Refer CENTRAL MCGOWAN, INCORPOR Cash Payment E 602- 49450 -230 Shop Materials Invoice 00086908 3/31/2013 Transaction Date 41412013 Refer 8 EGAN COMPANIES -- - 4791 NORTHERN RD LS DI GENERATOR $15.82 NATL GAS SVC 2 -19 -13 THRU 3 -20 -13 3303 WATERBURY RD LS GAS SVC 2 -19 -13 $15.82 THRU 3 -20 -13 2990 HIGHLAND BLVD LS B1 GENERATOR $17.17 NATL GAS SVC 2 -20 -13 THRU 3 -20 -13 4948 BARTLETT LS E2 GENERATOR NATL $17.83 GAS SVC 2 -19 -13 THRU 3 -20 -13 $514.80 Wells Fargo 10100 Total $85.84 HIGH PRESSURE CYLINDER RENTAL $17.23 Project 13 -3 $1,898.85 Wells Fargo 10100 Total $17.23 Cash Payment E 101 - 43100 -400 Repairs & Maintenance STREET LIGHTING MTCE- REPAIR $514.80 CONDUCTOR SPLICES Invoice JC10080584 3/28/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $514.80 Refer 9 FERGUSON WATERWORKS _ Cash Payment E 601- 49400 -220 Repair /Maint Supply WATER METERS & COUPLING $1,898.85 Invoice 0012847 3/7/2013 PO 22803 Transaction Date 4/3/2013 Wells Fargo 10100 Total $1,898.85 Refer 10 FINANCE AND COMMERCE Cash Payment E 401 - 43113 -351 Legal Notices Publishing ADV FOR BIDS LEGAL NOTICE- 2013 $209.25 STREET PROJ PW 13 -01 Invoice 10253764 2/25/2013 Project PW1301 Transaction Date 4/3/2013 Wells Fargo 10100 Total $209.25 Refer 11 FIRSTLAB _ Cash Payment E 602 -49450 -305 Medical Services PRE EMPLOYMENT DRUG SCREEN PW $39.95 Invoice 00628062 3/20/2013 Project 13 -3 Cash Payment E 602 - 49450 -305 Medical Services RANDOM DRUG SCREEN PW $39.95 Invoice 00628062 3/20/2013 Project 13 -3 Cash Payment E 101- 45200 -305 Medical Services RANDOM DRUG SCREEN PARKS $39.95 Invoice 00628062 3/20/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $119.85 Refer 12 FIVE TECHNOLOGY _ Cash Payment E 101-41920-440 Other Contractual Servic MONTHLY MANAGED SVC & NETWORK $1,800.00 MTCE- APRIL 2013 Invoice 126830 4/1/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $1,800.00 Refer 13 FRONTIER/CITIZENS COMMUNICA _ -737- Payments 04/04113 9:51 AM Page 4 Current Period: April 2013 .x"', �.,d*,,.vatitiiiSYt�s°amd r'�."i"Ea;wvl u:x+Nla�;tu+w:�L ,+.,1'4w +'�o�anuC,vkt d„3��'.k�t #w,te ,., rah. #*.!31X3:S�'cY,N"ti£ Cash Payment E 101 -42110 -321 Telephone & Cells NETWORK ETHERNETSVC 3 -20 -13 THRU 4- $157.99 20 -13 Invoice 3934698 3/20/2013 Cash Payment E 222- 42260 -321 Telephone & Cells Invoice 3934698 3/20/2013 Cash Payment E 101- 41910 -321 Telephone & Cells Invoice 3934698 3/20/2013 Cash Payment E 101 - 41920 -321 Telephone & Cells Invoice 3934698 3120/2013 Transaction Date 10/2/2012 Refer 14 G & K SERVICES Cash Payment E 101- 41910 -460 Janitorial Services Invoice 1006444762 411/2013 Cash Payment E 609 -49750 -460 Janitorial Services Invoice 1006444758 4/1/2013 Cash Payment E 609 - 49750 -460 Janitorial Services Invoice 1006433343 3/25/2013 Cash Payment E 101 - 45200 -218 Clothing and Uniforms Invoice 1006433349 3/25/2013 Cash Payment E 101- 45200 -210 Operating Supplies Invoice 1006433349 3/25/2013 Cash Payment E 101- 45200 -210 Operating Supplies Invoice 1006444763 4/1/2013 Cash Payment E 101- 45200 -218 Clothing and Uniforms Invoice 1006444763 41112013 Cash Payment E 101 -45200 -210 Operating Supplies Invoice 1006422249 3/18/2013 Cash Payment E 101 - 45200 -218 Clothing and Uniforms Invoice 1006422249 3/1812013 Cash Payment E 101- 45200 -210 Operating Supplies Invoice 1006400110 3/4/2013 Cash Payment E 101- 45200 -218 Clothing and Uniforms Invoice 1006400110 3/412013 Transaction Date 4/2/2013 — Refer 15 G & K SERVICES _ _ Cash Payment E 101- 43100 -218 Clothing and Uniforms Invoice 1006433348 3/2512013 Cash Payment E 601 - 49400 -218 Clothing and Uniforms Invoice 1006433348 3/25/2013 Cash Payment E 602 - 49450 -218 Clothing and Uniforms Invoice 1006433348 312512013 Cash Payment E 602 - 49450 -210 Operating Supplies Invoice 1006433348 3/25/2013 Cash Payment E 101 - 43100 -218 Clothing and Uniforms Invoice 1006422245 3/18/2013 Cash Payment E 601 - 49400 -218 Clothing and Uniforms Invoice 1006422245 3/18/2013 NETWORK ETHERNETSVC 3 -20 -13 THRU 4- $157.99 20 -13 NETWORK ETHERNETSVC 3 -20 -13 THRU 4- $157.99 20 -13 NETWORK ETHERNETSVC 3 -20 -13 THRU 4- $316.00 20 -13 Wells Fargo 10100 Total $789.97 MAT SVC & SUPPLIES 4 -1 -13 CITY HALL $167.49 MAT SVC & SUPPLIES 4 -1 -13 LIQUOR STORE $87.31 MAT SVC 3 -25 -13 LIQUOR STORE $58.58 UNIFORM SVC 3 -25 -13 PARKS $40.76 SHOP SUPPLIES 3 -25 -13 PARKS $61.63 MAT SVC & SUPPLIES 4 -1 -13 PARKS $72.82 UNIFORM SVC 4 -1 -13 PARKS $45.48 MAT SVC & SUPPLIES 3 -18 -13 PARKS $72.82 UNIFORM SVC 3 -18 -13 PARKS $45.48 MAT SVC & SUPPLIES 3 -04 -13 PARKS $72.82 UNIFORM SVC 3 -04 -13 PARKS $45.48 Wells Fargo 10100 Total $770.67 UNIFORM SVC 3 -25 -13 $24.40 UNIFORM SVC 3 -25 -13 $24.80 UNIFORM SVC 3 -25 -13 $35.59 MAT SVC & SHOP SUPPLIES 3 -25 -13 $371.43 Project 13 -3 UNIFORM SVC 3 -18 -13 $24.40 UNIFORM SVC 3 -18 -13 $24.80 -738- MOUND, MN 04/04/13 9:51 AM Page 5 Payments Current Period: April 2013 C2 i .`u- w,U vda, ,.' x , .avn?t �aiaw alyd,+ r`''hY1'axP a.usu`S `iv m`Q�ss+,. vd�„�Yta4aua.,w`'1�.u`Vtiac �ia?dud'N.a.�dSi ..+x k1?es.`�M'xU,: vNt1`i °tt m�"`. Cash Payment E 602 - 49450 -218 Clothing and Uniforms UNIFORM SVC 3 -18 -13 $35.59 Invoice 1006422245 3/18/2013 Cash Payment E 602 - 49450 -210 Operating Supplies MAT SVC & SHOP SUPPLIES 3 -18 -13 $152.21 Invoice 1006422245 3/18/2013 Project 13 -3 Transaction Date 4/3/2013 Wells Fargo 10100 Total $693.22 Refer 36�G &KSERVICES Cash Payment E 101 - 42110 -460 Janitorial Services Invoice 1006422248 3/18/2013 Cash Payment E 22242260460 Janitorial Services Invoice 1006422247 3/18/2013 Transaction Date 41312013 Refer GOPHER STATE ONE CALL�� MAT SVC 3 -18 -13 PUBLIC SAFETY BLDG MAT SVC 3 -18 -13 PUBLIC SAFETY BLDG Wells Fargo 10100 Total $111.81 $91.65 $203.46 Cash Payment E 601 - 49400 -395 Gopher One -Call MARCH 2013 LOCATES $25.53 Invoice 66682 3/31/2013 Cash Payment E 602- 49450 -395 Gopher One -Call MARCH 2013 LOCATES $25.52 Invoice 66682 3/31/2013 Transaction Date 413/2013 Wells Fargo 10100 Total $51.05 Refer 32 GREATAMERICAN MARINE _ Cash Payment E 222 -42260 -409 Other Equipment Repair 3 SAFETY STRAP HANDLES FOR ZODIAC $45.44 FIRE BOAT Invoice 34160 4/2/2013 PO 24239 Transaction Date 4/312013 Wells Fargo 10100 Total $45.44 Refer 47 HAWK LABELING SYSTEMS _ Cash Payment E 222 - 42260 -200 Office Supplies LABELS- 1" WHITE ON BLACK, 1/2 " BLACK $84.97 ON RED Invoice 191005 3120/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $84.97 Refer 17 HD SUPPLY WATERWORKS LTD Cash Payment E 601 -49400 -500 Capital Outlay FA RADIO -READ HAND -HELD DEVICE, $5,878.13 CHARGER, SENSUS LINK Invoice 6380321 3/26/2013 Cash Payment E 601 -49400 -220 Repair /Maint Supply 8 X 12 -1/2 CLAMP $141.71 Invoice 6433801 3/2812013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $6,019.84 Refer 38 HENNEPIN COUNTY SHERIFFS OF _ Cash Payment E 101 -41600 -450 Board of Prisoners MARCH 2013 PER DIEM & PROCESSING FEE $75.00 Invoice 1000029218 3/31/2013 Transaction Date 41312013 Wells Fargo 10100 Total $75.00 Refer 18 HO ME DEPOT /GECF (PA49 Cash Payment E 602- 49450 -223 Building Repair Supplies 50 GAL GAS WATER HEATER $478.80 Invoice 88475 3128/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $478.80 Refer 19 INDELCO PLASTICS CORPORATIO _ Cash Payment E 601 - 49400 -220 Repair /Maim Supply BALL VALVES, MALE ADAPTERS $68.76 Invoice 764936 3/28/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $68.76 ,,.�,�,�� ......,.. MOUND, MN 04/04/13 9:51 AM Page 6 Payments Current Period: April 2013 Refer 48 JAKUBIK, MATTHEW Cash Payment E 222 - 42260 -434 Conference & Training Invoice 04092013 3/26/2013 FIRE INVESTIGATIONS TEST OUT- HC TECH $50.00 COLLEGE REIMB -M. JAKUBIK Transaction Date 4/3/2013 Wells Fargo 10100 Total $50.00 Refer 20 JANI -KING OF MINNESOTA, INC_OR_�� ^ ^� Cash Payment E 602 - 49450 -460 Janitorial Services MONTHLY CONTRACT CLEANING PUB WKS $271.73 BLDG APRIL 2013 Invoice MIN04130330 4/1/2013 Cash Payment E 101- 41910 -460 Janitorial Services Invoice MIN04130326 4/1/2013 Transaction Date 4/312013 Refer ..1'.e..�.,",21 KE., -- _.,.^.,.,_111111 .n, .. NNEDYAND GRAVEN _ Cash Payment G 101 -23264 TRIDENT HOUSING DEVEL Invoice 113288 3/22/2013 Transaction Date 413/2013 Refer 37 LAWSON PRODUCTS, INCA ^ Project 13 -3 MONTHLY CONTRACT CLEANING CITY HALL $508.73 APRIL 2013 Wells Fargo 10100 Total $780.46 TRIDENT HOUSING DEVELOPMENT LEGAL $273.00 SVCS FES 2013 Wells Fargo 10100 Total $273.00 Cash Payment E 602 -49450 -230 Shop Materials TAPE, DUCT TAPE, DISPOSABLE GLOVES, $129.53 HARDFLEX RECIP BLD 6" Invoice 9301528191 3/2212013 Project 13 -3 Transaction Date 4/3/2013 Wells Fargo 10100 Total $129.53 Refer 40 LOFFLER COMPANIES, INCORPOR _ Cash Payment E 101- 42110 -202 Duplicating and copying DATA ERASURE SOLUTION- POLICE COPIER $268.19 Invoice 1545185 3/25/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $268.19 Refero.,....,. 49 METRO FIRE Cash Payment E 222 - 42260 -219 Safety supplies SPEED ON- CHICAGO STYLE HARNESS $283.28 ASSEMBLY Invoice 46776 3/21/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $283.28 Refer ^ 22 MINNESOTA VALLEY TESTING_ LA Cash Payment E 601 -49400 -470 Water Samples COLIFORM WATER TESTS & MONTHLY $77.50 CHLORINE REPORT Invoice 646665 3/18/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $77.50 Refer 50 NAPA AUTO PARTS - SPRING PAR Cash Payment E 222- 42260 -409 Other Equipment Repair REPAIR PARTS FOR 1999 FORD F -250 UNIT $125.66 #26 Invoice 840919 2/25/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $125.66 Refer 41 NORTHERN TOOL AND EQUIPMEN _ Cash Payment E 101 - 45200 -210 Operating Supplies UTILITY GLOVES, COWHIDE DRIVER $10150 GLOVES, CAUTION TAPE, PROFESSIONAL EAR MUFF Invoice 24859 3/8/2013 Transaction Date 4/3/2013 „- "1.r, . - __.11 ,.., .. , ... _w.. Wells F. 10100 Total ., -740 ........ . , . w $102.50 MOUND, MN 04/04/13 9:51 AM Page 7 Payments Current Period: April 2013 r , w,ik,,,�x4a.J .1 ), r1 ss:, 3�u ,t..Utia, a41 'LC,aa+;a{`�"@';tr? »,14,?k+"tt, aswY1 e,,.,. s; nv4",+'+rR+wu,a . tisub':wwal.? i�*v ,aysuCZ?,uRvat,'w'h" Refer 51 OFFICE DEPOT (FIRE) _ Cash Payment E 222 - 42260 -210 Operating Supplies 72" STORAGE CABINET $464.88 Invoice 649743158001 3/20/2013 Cash Payment E 222 - 42260 -200 Office Supplies FILE FOLDERS, USB CARD READER $36.53 Invoice 649743376001 3/20/2013 Cash Payment E 222 - 42260 -200 Office Supplies FLASH MEMORY $19.13 Invoice 649743377001 3/21/2013 Transaction Date 4/3/2013 ..w.�. ...�23 Wells Fargo 10100 Total $520.54 Refer OFFICEDEPOT Cash Payment E 101 -49999 -430 Miscellaneous COAT HOOKS /RACKS FOR NEW CITY HALL $230.79 WORK AREAS Invoice 649670513001 3/20/2013 PO 22807 Project CH2013 Cash Payment E 602 -49450 -200 Office Supplies PRINTER TONER CARTRIDGE- J. NELSON $64.11 Invoice 649670513001 3/20/2013 PO 22807 Cash Payment E 101 -41110 -210 Operating Supplies M. WEGSCHEID - NAMEPLATE COUNCIL $10.68 CHAMBERS Invoice 649891278001 3/1512013 PO 24092 Transaction Date 4/3/2013 .....,. ...— -. ......... .... ..- ., ...,., .. Wells Fargo 10100 Total rad. ..,., �,.�_,. $305.58 ,- .. -. — Refer 42 ORONO, CITY OF _ ...... �. , . - .,.,...�.. , Cash Payment E 101- 41600 -450 Board of Prisoners HENN CTY SHERRIF FEB 2013 PER DIEM & $92.53 PROCESSING FEES Invoice 20130044 3122/2013 Transaction Date 413/2013 Wells Fargo 10100 Total $92.53 Refer 25 POTTS KENNETH N P.A. _ Cash Payment E 101 -41600 -304 Legal Fees PROSECUTION SVCS 1. -1 -13 THRU 3 -31 -13 $12,500.00 Invoice 04042013 4/1/2013 Transaction Date 4/3/2013 - m...,...35 Wells Fargo 10100 Total $12,500.00 Refer R &GS COLLISION SERVICES INCO�_ Cash Payment E 222 - 42260 -409 Other Equipment Repair 2010 CHEVY TAHOE BODY REPAIR & PAINT- $1,930.93 INS. CLAIM Invoice 1574 3/18/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $1,930.93 Refer 26 R.C. ELECTRIC, INCORPORATEDx Cash Payment E 101- 49999 -430 Miscellaneous FURNISH & INSTALL TROFFER, INSTALL $270.00 DEDICATED CIRCUIT FOR COPIER AT PUBLIC SAFETY BLDG Invoice 3736 4/2/2013 Project CH2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $270.00 Refer 52 RICOH USA, INC. _ Cash Payment E222-42260-202 Duplicating and copying ADDTL COPY IMAGES 1 -13 -13 THRU 4 -12 -13 $61.05 FIRE DEPT Invoice 86761688 3125/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $61.05 Refer 24 SCHARBER AND SONS OF LONG L _ Cash Payment E 101 -43100 -221 Equipment Parts CHAINSAW CHAINS, APRON $295.34 Invoice PO3434 3/4/2013 Cash Payment E 101 - 45200 -221 Equipment Parts BOOTS FOR PARKS DEPT. $288.51 Invoice PO3493 3/6/2013 -741- MOUND, MN 04/04/139:51 AM Page 8 Payments Current Period: April 2013 Cash Payment E 101- 43100 -210 Operating Supplies CHAPS FOR STREETS DEPT. $96.13 Invoice P03493 3/6/2013 Cash Payment E 101 - 45200 -221 Equipment Parts TWIST CAP $4.79 Invoice P03727 3/29/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $684.77 Refer 27 SOUTHWEST TRAILS ASSO__�v� S CIATIO _ Cash Payment G 101 -22801 Deposits /Escrow SW TRAILS ASSOC 2013 PMT #2 4 -1 -13 $7,735.60 Invoice 04092013 4/1/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $7,735.60 Refer 44 SUBURBAN RATE AUTHORITY _ Cash Payment E 101 - 41110433 Dues and Subscriptions 2013 1ST HALF MEMBERSHIP ASSESSMENT $400.00 $400fVOTE Invoice 04092013 4/3/2013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $400.00 Refer 28 SUN PATRIOTNEWSPAPER -CITY Cash Payment G 101 -23272 SALITERMAN: #13 -04 to #13 LOST LAKE HOMES & MARINA - PRELIM $49.61 PLAT LEGAL NOTICE PUB. 3 -23 -13 Invoice 1154246 3/23/2013 Cash Payment E 281- 45210 -351 Legal Notices Publishing LATE DOCK APPLICATION ONE -TIME $33.08 EXCEPTION PROCEDURE LEGAL NOTICE PUB. 3 -30 -13 Invoice 1155422 3/30/2013 Cash Payment E 28145210 -351 Legal Notices Publishing LOST LAKE VILLA DOCK SLIPS LICENSE $77.18 PRIORITIES LEGAL NOTICE PUB. 3 -30 -13 Invoice 1155419 3/3012013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $159.87 Refer mm 55 TRUE VALUE, MOUND (PWPKS) Cash Payment E 10145200 -220 Repair /Maint Supply PAINT BRUSH SET, MINI ROLL, GREEN $61.91 SPRAY PAINT, TORCH BLADE, SCREWS, NUTS BOLTS Invoice 102424 3/20/2013 Cash Payment E 101 - 41910 -401 Building Repairs PASTE CLEANER WAX, BUMPERS, PLEDGE, $30.95 DISPOSABLE GLOVES Invoice 102706 3/19/2013 Cash Payment E 281 - 45210 -220 Repair /Maint Supply DOCKS /GATES SPRAY PAINT $36.28 Invoice 102733 3/20/2013 Cash Payment E 281 - 45210 -220 Repair /Maint Supply DOCKS /GATES SPRAY PAINT $7,47 Invoice 102784 3/22/2013 Cash Payment E 281- 45210 -220 Repair /Maint Supply DOCKS /GATES SPRAY PAINT $22.42 Invoice 102859 3/26/2013 Cash Payment E 281 - 45210 -220 Repair /Maint Supply DOCKS -CABLE $13.75 Invoice 102907 3/2712013 Cash Payment E 281 - 45210 -220 Repair /Maint Supply DOCKS -CLEAR COAT CABLE $11.41 Invoice 102937 3/28/2013 Cash Payment E 281- 45210 -220 Repair /Maint Supply DOCKS /GATES WIRE BRUSH $14.95 Invoice 102692 3/19/2013 Cash Payment E 60249450 -210 Operating Supplies DISH SOAP $2.76 Invoice 102736 3/20/2013 Project 13 -3 Cash Payment E 101- 43100 -220 Repair /Maint Supply TRIMING TOOL BOX & TRAY $27.77 Invoice 102838 3/25/2013 742 MOUND, MN 04/04/13 9:51 AM Page 9 Payments Current Period: April 2013 .11 - , .. ? »w,.,, .;:. ,2R a , x Cash Payment E 602- 49450 -220 Repair /Maint Supply EXPAND FOAM, DUCT TAPE #195 $32.03 Invoice 102829 3/25/2013 Refer 34 VESSCO, INCORPORATED _ Cash Payment E 602 - 49450 -220 Repair /Maint Supply EYE BLT, SCREWS, NUTS, BOLTS $4.86 Invoice 102842 3/25/2013 Transaction Date 41312013 Cash Payment E 602 - 49450 -220 Repair /Maint Supply WIRE STRIPPER $16.02 Invoice 102897 3/27/2013 NEW TIRES & MOUNT TRUCK #195 $2,205.95 Cash Payment E 60149400 -210 Operating Supplies AA ALKALINE BATTERIES $8.00 Invoice 102930 3/28/2013 Refer XCEL ENERGY Transaction Date 4/4/2013 "�� Wells Fargo 10100 Total $290.58 Refer 45 TRUE VALUE, NAVARRE ELECTRIC SVC 7 -21 -12 THRU 3 -25 -13 Cash Payment E 602 - 49450 -223 Building Repair Supplies COPPER ADAPTER, 1" COPPER UNIONS, 1" $72.62 HARD COPPER TUBES Invoice 262812 3/2812013 Project 13 -3 Transaction Date 41312013 Wells Fargo 10100 Total $72.62 Refer 33 UHL COMPANY Cash Payment E 222- 42260 -401 Building Repairs Invoice 18882 3/21/2013 Cash Payment E 101 - 42110 -402 Building Maintenance COMPREHENSIVE EVALUATION OF HVAC $846.00 SYSTEM -PUB SAFETY BLDG COMPREHENSIVE EVALUATION OF HVAC $846.00 SYSTEM -PUB SAFETY BLDG Invoice 18882 3/21/2013 Transaction Date 413/2013 Wells Fargo 10100 Total $1,692.00 Refer 34 VESSCO, INCORPORATED _ Cash Payment E 601- 49400 -221 Equipment Parts GRP P.M. KITS 2001500 PPD VAC RE $288.54 Invoice 56852 3128/2013 Transaction Date 41312013 Wells Fargo 10100 Total $288.54 Refer 29 WESTSIDE WHOLESALE TIRE AND_ Cash Payment E 602 -49450 -221 Equipment Parts NEW TIRES & MOUNT TRUCK #195 $2,205.95 Invoice 698391 3/22/2013 PO 22033 Transaction Date 4/3/2013 �30 Wells Fargo 10100 Total $2,205.95 Refer XCEL ENERGY Cash Payment E 101-43100 -381 Electric Utilities COMMERCE BLVD STREET LIGHTS $546.24 ELECTRIC SVC 7 -21 -12 THRU 3 -25 -13 Invoice 464909814 3126/2013 Cash Payment E 602- 49450 -381 Electric Utilities Invoice 465181798 3/28/2013 Transaction Date 4/3/2013 ELECTRIC SVC CARLOW RD K -1 LIFT $107.38 STATION 2 -25 -13 TO 3 -26 -13 Wells Fargo -743- 10100 Total $653.62 ,[o1l]"gI?A J, l. Payments Current Period: April 2013 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $39,685.01 222 AREA FIRE SERVICES $6,112.71 281 COMMONS DOCKS FUND $216.54 401 GENERAL CAPITAL PROJECTS $209.25 601 WATER FUND $8,473.98 602 SEWER FUND $4,619.89 609 MUNICIPAL LIQUOR FUND $145.89 670 RECYCLING FUND $12,991.77 $72,455.04 Pre - Written Check $0.00 Checks to be Generated by the Computer $72,455.04 Total $72,455.04 -744- 04/04/13 9:51 AM Page 10 MOUND, MN Payments Current Period: April 2013 04/04/13 3:14 PM Page 1 Batch Name 040913HWS User Dollar Amt $69,493.93 Payments Computer Dollar Amt $69,493.93 $0.00 In Balance Refer 1 ARCTIC GLACIER PREMIUM ICE _ Cash Payment E 609- 49750 -255 Misc Merchandise For R ICE $75.48 Invoice 461308507 3126/2013 Cash Payment E 609- 49750 -265 Freight FREIGHT $1.00 Invoice 461308507 3/26/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total $76.48 Refer 2 BELLBOY CORPORATION _ Cash Payment E 609 - 49750 -210 Operating Supplies BAGS, SUPPLIES $50.60 Invoice 88170400 3/25/2013 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Rasa MIX $85.25 Invoice 88170400 3/25/2013 Cash Payment E 609 - 49750 -210 Operating Supplies BAGS, SUPPLIES $121.69 Invoice 88166700 3/2212013 Cash Payment E 609 -49750 -210 Operating Supplies TOWELS, SHELF STRIPS $59.00 Invoice 88203000 4/1/2013 Cash Payment E 609 - 49750 -210 Operating Supplies BAGS $41.05 Invoice 88049200 3/1/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total $357.59 Refer 3 BELLBOY CORPORATION _ Cash Payment E 609 - 49750 -253 Wine For Resale WINE $112.00 Invoice 77477100 3/22/2013 Cash Payment E 609 - 49750 -265 Freight FREIGHT $2.05 Invoice 77477100 3/22/2013 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,079.35 Invoice 77477200 3/22/2013 Cash Payment E 609- 49750 -265 Freight FREIGHT $14.35 Invoice 77477200 3/22/2013 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $2,298.75 Invoice 77493400 3125/2013 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,275.15 Invoice 77568200 3/2912013 Cash Payment E 609 - 49750 -265 Freight FREIGHT $18.60 Invoice 77568200 3/29/2013 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $2,377.26 Invoice 77190700 3/1/2013 Cash Payment E 609 - 49750 -265 Freight FREIGHT $27.13 Invoice 77190700 3/1/2013 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,222.08 Invoice 77582300 4/1/2013 Transaction Date 3/2 912 01 3 Wells Fargo 10100 Total $9,426.72 Refer 4 BERNICKS BEVERAGES AND VEN - Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Rasa MIX $89.20 Invoice 51163 3/28/2013 Cash Payment E 609 - 49750 -252 Beer For Resale BEER 8. RETURNS - $24.03 Invoice 51164 3128/2013 -745- MOUND, MN 04/04/133:14 PM Page 2 Payments Current Period: April 2013 Refer 9 JJ TAYLOR. DISTRIBUTING MINN Cash Payment E 609- 49750 -252 Beer For Resale BEER Invoice 2049366 3125/2013 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX Invoice 2049370 3/25/2013 Cash Payment E 609 - 49750 -252 Beer For Resale BEER DUPL CREDIT MEMOS ISSUED - BAL DUE INVC 2017923 Invoice 2017923 215/2013 Cash Payment E 609- 49750 -252 Beer For Resale BEER Invoice 2072410 4/2/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total $65.17 Refer 5 COCA COLA BOTTLING- MIDWEST _ Invoice 2072414 4/2/2013 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa COCA COLA PRODUCTS- MIX BEER CREDIT $134.76 Invoice 04042013 3/28/2013 Transaction Date 3/2912013 Wells Fargo Transaction Date 3/29/2013 Wells Fargo 10100 ....... .. Total .......... $134.76 ., w,.n .........- Refer .. _:�. ,, ...... w.. a w , 6 DAHLHEIMER BEVERAGE LLC . _ Cash Payment E 609 - 49750 -253 Wine For Resale WINE Cash Payment E 609 - 49750 -252 Beer For Resale BEER $273.00 Invoice 11224 3/25/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total $273.00 Refer 7 DAY DISTRIBUTING COMPANY _ Cash Payment E 609- 49750 -252 Beer For Resale BEER $1,80110 Invoice 694169 3/26/2013 Cash Payment E 609 -49750 -252 Beer For Resale BEER $24.45 Invoice 694170 3/26/2013 Cash Payment E 609- 49750 -252 Beer For Resale BEER $1,810.70 Invoice 695128 4/2/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total ,.._ -.. ... $3,638.25 ._�...,, Refer 8 HOHENSTEINS, INCORPORATED _ ... Cash Payment E 609 -49750 -252 Beer For Resale BEER $749.50 Invoice 641247 3/28/2013 Cash Payment E 609- 49750 -252 Beer For Resale BEER $405.00 Invoice 641716 4/1/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total $1,154.50 Refer 9 JJ TAYLOR. DISTRIBUTING MINN Cash Payment E 609- 49750 -252 Beer For Resale BEER Invoice 2049366 3125/2013 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX Invoice 2049370 3/25/2013 Cash Payment E 609 - 49750 -252 Beer For Resale BEER DUPL CREDIT MEMOS ISSUED - BAL DUE INVC 2017923 Invoice 2017923 215/2013 Cash Payment E 609- 49750 -252 Beer For Resale BEER Invoice 2072410 4/2/2013 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX Invoice 2072411 4/2/2013 Cash Payment E 609 -49750 -252 Beer For Resale BEER CREDIT Invoice 2072414 4/2/2013 Cash Payment E 609 - 49750 -252 Beer For Resale BEER CREDIT Invoice 2072415 4/2/2013 Transaction Date 3/2912013 Wells Fargo 11 JOHNSON BROTHERS LIQUOR_- _Refer _ Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR Invoice 1532765 3/27/2013 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Invoice 1532766 3/27/2013 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 1532767 3/27/2013 o 10100 $3,304.27 $78.80 $27.00 $1,488.03 $40.00 - $30.00 - $36.00 Total $4,872.10 $4,486.63 $3,738.00 $30.25 MOUND, MN Payments Current Period: April 2013 04/04/13 3:14 PM Page 3 Transaction Date 3/29/2013 Wells Fargo 10100 Total $8,254.88 Refer 10 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $0.00 Invoice 1527834 3/20/2013 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,728.08 Invoice 1527831 3/20/2013 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $2,319.95 Invoice 1527832 3/20/2013 Cash Payment E 609 -49750 -252 Beer For Resale BEER $53.30 Invoice 1527833 3/20/2013 Cash Payment E 609 - 49750 -253 Wine For Resale WINE CREDIT -$3.33 Invoice 570778 3/21/2013 Cash Payment E 609- 49750 -253 Wine For Resale WINE CREDIT - $11.03 Invoice 570373 3119/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total $4,086.97 Refer 26 MARLIN S TRUCKING DELIVERY _ Cash Payment E 609 - 49750 -265 Freight DELIVERY SVC 3 -18 -13 $42.00 Invoice 27620 3/18/2013 Cash Payment E 609 - 49750 -265 Freight DELIVERY SVC 3 -21 -13 $155.40 Invoice 27765 3/21/2013 Cash Payment E 609 - 49750 -265 Freight DELIVERY SVC 3 -25 -13 $39.20 Invoice 27773 3/2512013 Cash Payment E 609 -49750 -265 Freight DELIVERY SVC 3 -28 -13 $250.60 Invoice 27791 3128/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total $487.20 Refer 12 MUZAK- MINNEAPOLIS _ _ Cash Payment E 609 - 49750 -440 Other Contractual Servic APRIL MUSIC SERVICE $111.61 Invoice AG82702 4/1/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total $111.61 Refer 28 OLVALDE FARM & BREWING CO. _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $252.00 Invoice 665 4/112013 Transaction Date 4/3/2013 Wells Fargo 10100 Total $252.00 Refer 13 PARLEY LAKE WINERY Cash Payment E 609 - 49750 -253 Wine For Resale WINE $504.00 Invoice 8311 3/27/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total $504.00 14 PAUSTIS AND SONS WINE COMPA _ _Refer Cash Payment E 609 - 49750 -253 Wine For Resale WINE $1,060.99 Invoice 8392786 3/25/2013 Cash Payment E 609- 49750 -265 Freight FREIGHT $17.50 Invoice 8392786 3/25/2013 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $36.00 Invoice 8392784 3/25/2013 Transaction Date 3/29/2013 Wells Fargo 10100 11 11 - Total - $1,114.49 Refer 29 PAUSTIS AND SONS WINE COMPA_ I I'll - - - -- - - � �� -747- MOUND, MN 04/04/13 3:14 PM Page 4 Payments Current Period: April 2013 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 2394802 3/20/2013 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Invoice 2394803 3120/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total _Refer 18 SHA_NKEN COMMUNICATIONS INC_ Cash Payment E 609 - 49750 -255 Misc Merchandise For R WINE SPECTATOR PUBLICATIONS 3 -31 -13 EDITION Invoice 142133 3/2012013 Transaction Date 3/29/2013 Refer 17 SOUTHERN WINE & SPIRITS OF M Cash Payment E 609- 49750 -253 Wine For Resale Invoice 1014299 3/21/2013 Cash Payment E 609 - 49750 -251 Liquor For Resale Invoice 1014298 3121/2013 Cash Payment E 609 - 49750 -253 Wine For Resale Invoice 1016618 3/28/2013 Cash Payment E 609 - 49750 -251 Liquor For Resale Invoice 1016617 3/28/2013 Cash Payment E 609 - 49750 -253 Wine For Resale Invoice 1017310 3129/2013 Transaction Date 3/29/2013 Refer 19 THORPE DISTRIBUTING COMPAN Cash Payment E 609 - 49750 -210 Operating Supplies Invoice 743841 3/26/2013 Cash Payment E 609 - 49750 -252 Beer For Resale Invoice 743537 3/26/2013 Cash Payment E 609 -49750 -252 Beer For Resale Invoice 00750843 3/26/2013 $188.75 $496.65 $685.40 $15.00 Wells Fargo 10100 Total $15.00 WINE $784.00 Cash Payment E 609- 49750 -252 Beer For Resale BEER $96.00 Invoice 8393755 4/1/2013 WINE $1,200,00 Cash Payment E 609- 49750 -253 Wine For Resale WINE $2,291.59 Invoice 8393756 4/1/2013 $103.60 BEER Cash Payment E 609- 49750 -265 Freight FREIGHT $38.75 Invoice 8393756 411/2013 Transaction Date 3129/2013 Wells Fargo 10100 Total $2,426.34 Refer 15 PHILLIPS WINE AND SPIRITS, INC _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $867.70 Invoice 2397932 3/27/2013 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $517.10 Invoice 2397931 3127/2013 Cash Payment E 609 -49750 -252 Beer For Resale BEER $63.90 Invoice 2397933 3/27/2013 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $83.90 Invoice 2397934 3/27/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total $1,532.60 Refer 16 PHILLIPS WINE AND SPIRITS, INC _ Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 2394802 3/20/2013 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Invoice 2394803 3120/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total _Refer 18 SHA_NKEN COMMUNICATIONS INC_ Cash Payment E 609 - 49750 -255 Misc Merchandise For R WINE SPECTATOR PUBLICATIONS 3 -31 -13 EDITION Invoice 142133 3/2012013 Transaction Date 3/29/2013 Refer 17 SOUTHERN WINE & SPIRITS OF M Cash Payment E 609- 49750 -253 Wine For Resale Invoice 1014299 3/21/2013 Cash Payment E 609 - 49750 -251 Liquor For Resale Invoice 1014298 3121/2013 Cash Payment E 609 - 49750 -253 Wine For Resale Invoice 1016618 3/28/2013 Cash Payment E 609 - 49750 -251 Liquor For Resale Invoice 1016617 3/28/2013 Cash Payment E 609 - 49750 -253 Wine For Resale Invoice 1017310 3129/2013 Transaction Date 3/29/2013 Refer 19 THORPE DISTRIBUTING COMPAN Cash Payment E 609 - 49750 -210 Operating Supplies Invoice 743841 3/26/2013 Cash Payment E 609 - 49750 -252 Beer For Resale Invoice 743537 3/26/2013 Cash Payment E 609 -49750 -252 Beer For Resale Invoice 00750843 3/26/2013 $188.75 $496.65 $685.40 $15.00 Wells Fargo 10100 Total $15.00 WINE $784.00 LIQUOR $393.89 WINE $2,185.25 LIQUOR $332.02 WINE $1,200,00 Wells Fargo 10100 Total $4,895.16 BEER DRAFTMARK DISPENSERS $175.00 BEER $103.60 BEER $8,615.50 MOUND, MN 04104/13 3:14 PM Page 5 Payments Current Period: April 2013 t, . -...... WINE Transaction Date 3/29/2013 Wells Fargo 10100 Total $8,894.10 30 THORPE DISTRIBUTING COMP_A_ N E 609 - 49750 -265 Freight FREIGHT _Refer Cash Payment E 609 - 49750 -252 Beer For Resale BEER $148.20 Invoice 744686 4/212013 3129/2013 Wells Fargo 10100 Total Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX 22 WINE COMPANY $9.00 Invoice 744686 4/2/2013 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Cash Payment E 609- 49750 -252 Beer For Resale BEER 3/28/2013 $2,707.85 Invoice 00750849 41212013 Cash Payment E 609- 49750 -265 Freight Transaction Date 4/3/2013 Wells Fargo 10100 Total $2,865.05 Refer 20 TO� TAL REGISTER SYSTEMS INC. _ w Cash Payment E 609 - 49750 -210 Operating Supplies REGISTER PRINTER ECR PAPER ROLLS $119.68 Invoice 28782 2/26/2013 Cash Payment E 609- 49750 -210 Operating Supplies PLAIN PAPER LABEL ROLLS $43.57 Invoice 132 3/19/2013 Transaction Date 3/29/2013 Wells Fargo 10100 Total $163.25 Refer 21 VINOCOPIA, INCORPORATED Cash Payment E 609 - 49750 -253 Wine For Resale WINE $728.00 Invoice 0074503 3/28/2013 Cash Payment E 609 - 49750 -265 Freight FREIGHT $14.00 Invoice 0074503 3/2812013 Transaction Date 3129/2013 Wells Fargo 10100 Total $742.00 Refer 22 WINE COMPANY Cash Payment E 609 - 49750 -253 Wine For Resale WINE $480.00 Invoice 325765 3/28/2013 Cash Payment E 609- 49750 -265 Freight FREIGHT $8.40 Invoice 325765 3/28/2013 Cash Payment E 609- 49750 -253 Wine For Resale WINE $592.00 Invoice 325201 3/21/2013 Cash Payment E 609 -49750 -265 Freight FREIGHT $6.30 Invoice 325201 3/21/2013 Transaction Date 3/2912013 Wells Fargo 10100 Total $1,086.70 Refer 23 WINE CONNECT _ Cash Payment E 609 -49750 -340 Advertising APRIL 2013 HWS WEBSITE $95.12 Invoice 1090 4/112013 Transaction Date 4/2/2013 Wells Fargo 10100 Total $95.12 Refer 24 WINE MERCHANTS _ Cash Payment E 609 - 49750 -253 Wine For Resale WINE $2,320.00 Invoice 448086 3/20/2013 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $628.00 Invoice 448086 3120/2013 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX -SODA $17.75 Invoice 448087 3/20/2013 Transaction Date 3/2912013 Wells Fargo 10100 Total $2,965.75 Refer 25 WINE NEWS INCORPORATED _ Cash Payment E 60949750 -255 Misc Merchandise For R WINE ENTHUSIAST APRIL 2013 ISSUES $15.00 FOR SALE Invoice 140904 3120/2013 _749_ M0UND, MN 04/04/133:14 PM Page 6 Payments Current Period: April 2013 Fund Summary 10100 Wells Fargo 609 MUNICIPAL LIQUOR FUND $69,493.93 $69,493.93 Pre - Written Check $0.00 Checks to be Generated by the Computer $69,493.93 Total $69,493.93 -750- Transaction Date 3/29/2013 11-1 Wells Fargo 10100 .., 1-11-111-11111-111 Total -11 M. ,,, , $15.00 1-111-1111-11 -11 . . ,_w., ... , I -,11- .- , -1 -. Refer 26 WIRTZ BEVERAGE MN BEER 1..,,...-1- ,.I', I _ ... Cash Payment E 609 - 49750 -252 Beer For Resale BEER $5,253.30 Invoice 1090023026 3/27/2013 Cash Payment E 609- 49750 -252 Beer For Resale BEER $156.80 Invoice 1090023027 3/27/2013 Transaction Date 312912013 Wells Fargo 10100 Total $5,410.10 Refer 27 WIRTZ BEVERAGE MN WINE SPIRI _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $240.00 Invoice 1080017189 3/21/2013 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $700.75 Invoice 1080017189 3/21/2013 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $68.00 Invoice 1080017549 3/2112013 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,533.65 Invoice 1080019634 3/27/2013 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $296.00 Invoice 1080019634 3/27/2013 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $34.24 Invoice 1080019634 3/27/2013 Transaction Date 3/2912013 Wells Fargo 10100 Total $2,892.64 Fund Summary 10100 Wells Fargo 609 MUNICIPAL LIQUOR FUND $69,493.93 $69,493.93 Pre - Written Check $0.00 Checks to be Generated by the Computer $69,493.93 Total $69,493.93 -750- Ty'so �cF IF�T''LT ��l y -751- MOUND, MN Payments Current Period: April 2013 04/04/13 10:34 AM Page 1 Invoice 113266 3/2112013 Cash Payment E 101- 41600 -304 Legal Fees VERIZON SITE CHANGES LEGAL SVCS FEB $60.00 Batch Name 0213KENGRAV User Dollar Amt $6,202.00 Invoice 113266 Payments Computer Dollar Amt $6,202.00 $96.00 Cash Payment E 222 - 42260 -300 Professional Srvs $0.00 In Balance $528.00 Refer 57 KENNEDYAND GRAVEN _ - BONI LEGAL SVCS FEB 2013 $24.00 Cash Payment E 101- 41600 -300 Professional Srvs EXECUTIVE LEGAL SVCS FEB 2013 $636.00 Invoice 113266 3/21/2013 PUBLIC SAFETY LEGAL SVCS FEB 2013 $72.00 Cash Payment E 101- 41600 -300 Professional Srvs ADMINISTRATIVE LEGAL SVCS FEB 2013 $540.00 Invoice 113266 3/2112013 $210.00 Cash Payment E 101- 41600 -314 Legal P/W PUBLIC WORKS LEGAL SVCS FEB 2013 $216.00 Invoice 113266 3/21/2013 Cash Payment Cash Payment E 101- 41600 -318 Legal Parks PARKS LEGAL SVCS FEB 2013 $60.00 Invoice 113266 3/21/2013 Cash Payment G 101 -23270 MCCALL - 5346 PIPER - PC 5346 PIPER RD EXPANSION LEGAL SVCS $96.00 FEB 2013 Invoice 113266 3/21/2013 Cash Payment G 101 -23231 6301 Lynwood #10 -07, Wood WOODLYN RIDGE DEVELOPMENT LEGAL $3,108.00 SVCS FEB 2013 Invoice 113266 3/21/2013 Cash Payment G 101 -23271 KAHMEYER -1571 FINCH -P 1571 FINCH LANE LEGAL SVCS FEB 2013 $36.00 Invoice 113266 3/21/2013 Cash Payment E 101 - 41600 -316 Legal P & I MISC. PLANNING LEGAL SVCS FEB 2013 $154.00 Invoice 113266 3/21/2013 Cash Payment E 101 - 41600 -304 Legal Fees T- MOBILE SITE CHANGES LEGAL SVCS FEB $60.00 2013 Invoice 113266 3/2112013 Cash Payment E 101- 41600 -304 Legal Fees VERIZON SITE CHANGES LEGAL SVCS FEB $60.00 Invoice 113266 3/21/2013 2013 Invoice 113266 3/21/2013 SOJOURN CUP LEGAL SVCS FEB 2013 $96.00 Cash Payment E 222 - 42260 -300 Professional Srvs FIRE SVC EXPANSION AGREEMENT -ST. $528.00 Cash Payment G 101 -23266 Windsor Road BONI LEGAL SVCS FEB 2013 $24.00 Invoice 113266 3/21/2013 FEB 2013 Cash Payment E 101- 41600 -312 Legal Police PUBLIC SAFETY LEGAL SVCS FEB 2013 $72.00 Invoice 113266 3/21/2013 Wells Fargo 10100 Total $6,202.00 Cash Payment G 101 -23272 SALITERMAN: #13 -04 to #13 LOST LAKE HOMES & MARINA LEGAL SVCS $210.00 FEB 2013 Invoice 113266 3/21/2013 Cash Payment E 101- 41600 -316 Legal P & I PLANNING AUAR PROCESS UPDATE LEGAL $210.00 SVCS FEB 2013 Invoice 113266 3/21/2013 Cash Payment G 101 -23269 Jubilee Foods PC#12 -24 JUBILEE CUP LEGAL SVCS FEB 2013 $96.00 Invoice 113266 3/21/2013 Cash Payment G 101 -23267 Adult Day Sew. PC #12 -22 SOJOURN CUP LEGAL SVCS FEB 2013 $96.00 Invoice 113266 3121/2013 Cash Payment G 101 -23266 Windsor Road WINDSOR RD VARIANCE APP LEGAL SVCS $24.00 FEB 2013 Invoice 113266 3121/2013 Transaction Date 4/4/2013 Wells Fargo 10100 Total $6,202.00 -752- MOUND, MN 04/04/1310:34 AM Page 2 Payments Current Period: April 2013 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $5,674.00 222 AREA FIRE SERVICES $528.00 $6,202.00 Pre - Written Check $0.00 '.. Checks to be Generated by the Computer $6,202.00 Total $6,202.00 -753- MOUND CITY COUNCIL MINUTES March 26, 2013 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 26, 2013, at 7:00 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Council members Kelli Gillispie and Ray Salazar Members absent: Councilmembers Mark Wegscheid and Heidi Gesch. Others present: City Manager Kandis Hanson, City Attorney Melissa Manderschied, CDD Sarah Smith, Rita Trapp, Darren Kahmeyer, Scott Spangers, Robert Goodfellow, Blaze Fugina 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. Pledoe of Allegiance 3. Approve agenda MOTION by Salazar, seconded by Gillispie to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda Salazar requested the removal of item 46 as he wishes to abstain from the vote for that item. MOTION by Salazar, seconded by Gillispie to approve the consent agenda as amended. Upon role call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $291,394.80. B. (removed) C. Approve Public Gathering Permit for for WeCAN for "Wheels for Meals" bike marathon, benefiting Meals on Wheels Program: May18, 2013. D. RESOLUTION NO. 13 -33: RESOLUTION APPROVING AN EXTENSION OF THE ASSESSMENT AGREEMENT (A090393) WITH HENNEPIN COUNTY E. RESOLUTION NO. 13 -34: RESOLUTION APPROVING EXPANSION PERMIT AND VARIANCE FOR 5346 PIPER ROAD F. Approve DCC Commission Appointment — Derrick Hentz 4B. Approve minutes of March 12, 2013 regular meeting Salazar indicated that he requested that this be removed from the consent agenda because he was absent from the meeting. MOTION by Gillispie, seconded by Hanus to approve the minutes of the March 12, 2013 regular meeting. The following voted in favor: Hanus and Gillispie. The following voted against: None. Salazar abstained from voting. Motion carried. -754- 5. one were offered. Mound City Council Minutes — March 26, 2013 6. Expansion permit and 15 foot setback variance at 1571 Finch Lane. Applicant: Darren Kahmeyer. Rita Trapp, HGKI Planner, stated applicant would like to change garage from front load to side load and raise the roof of garage and existing home to allow for a second floor living area. Planning Commission Recommendation was to approve expansion permit and deny setback variance. Current garage 10 foot setback is already non- conforming. Applicant prepared a revised survey and revised plan to address concerns of Planning Commission. Applicant proposed to shorten the garage from 34 feet to 28 feet, making front year set back 6.1 feet from the originally proposed 5.2 feet. Hardcover is not an issue. Mayor asked if expansion permit required action and Trapp indicated yes. Mayor asked if the actions are separate resolutions, and Trapp indicated yes. No resolutions were provided at this time. Planning Commission Council Rep Wegscheid sent his comments in advance due to his absence, but he was not aware of the revisions. Mayor said setbacks are mainly for snow -plow issues, character of the neighborhood and site lines. Since this is the last house in a cul -de -sac, those issues are less important. Mayor stated the revised plan shows good faith effort to mitigate concerns of Planning Commission. Salazar asked if so much concession was necessary, referring to the 13 inch reduction in setback variance. Hanson stated salt, sand and snow is thrown at houses and complaints are received regularly. MOTION by Salazar, seconded by Gillispie, to direct staff to prepare a resolution approving the expansion permit consistent with the discussion. All voted in favor. Motion carried. Mayor asked for discussion on the setback variance before a motion. Mayor asked why the Planning Commission felt they needed to limit request when hardcover more than adequate. Trapp explained Planning Commission struggled with whether the variance had been minimized especially due to the size and the interior staircase located in the garage addition. MOTION by Gillispie, seconded by Salazar, to direct staff to prepare a resolution approving the set back variance based on the revised plan presented at the meeting. All voted in favor. Motion carried. -755- Mound City Council Minutes — March 26, 2013 0 Two amendments to the City Code were discussed and approved by the Docks and Commons Commission at the March 21, 2013, DCC meeting. Hanson said with the second addition of the subdivision, references to Villas of Lost Lake were changed to just Lost Lake. Mayor requested the change in wording from "assigned" to "offered." Hanus clarified the priority list was written as is to distinguish between residents of the development and the "pool" of slips available to others. Mayor questioned whether references to "Lost Lake Resident" was sufficient to distinguish the residents of the townhomes in question. Attorney Manderschied stated the definition was created with that in mind. Discussion ensued and it was determined it was sufficient. A. MOTION by Hanus, seconded by Gillispie, to approve the following ordinance as amended. All voted in favor. Motion carried. ORDINANCE 02 -2013: ORDINANCE AMENDING CHAPTER 78 OF THE MOUND CITY CODE AS IT RELATES TO WATERWAYS (Sec 78 -122) Hanson stated the next proposal is to allow a one -time exemption for the non - abutters who miss the application deadline and add a late fee of $100 to sufficiently deter the practice. Hanus requested a strong message be sent to anyone who is late that this is a one -time deal. Hanson requested people not delay in submitting their application and don't take a chance. B. MOTION by Hanus, seconded by Gillispie, to approve the following ordinance. All voted in favor. Motion carried. ORDINANCE -2013: ORDINANCE AMENDING CHAPTER 78 OF THE MOUND CITY CODE AS IT RELATES TO WATERWAYS (Sec 78 -101) E-1 Mayor Hanus stated that the increase in Lost Lake Slip fees was primarily due to help with the debt service on the bonds issued to pay for the Lost Lake improvements. Scott Spangers, 2540 Lakewood Lane, received notice of invitation to get on the wait list and increase of slip rate to $1,600, and now asking $1,950. He stated it seemed extreme. He asked if thought was given if the slips would rent at that rate. Mayor Hanus stated market rates were considered and referred to the information in the packet. Hanus stated these rates are well below market rates. Hanus stated one of the benefits was that this gets Lost Lake slip holders into the dock program. Spangers referenced City of Tonka Bay slips and the Mayor clarified our regular program is far below market, but the Lost Lake slips are different and there are different maintenance requirements and debt related directly to these slips. The residents of the development receive a lower rate to assist in the marketing and attractiveness of the townhomes. Hanus stated that Staff is investigating the possibility of paying for the docks on the utility bill. -756- Mound City Council Minutes — March 26, 2013 Edward Andrews, 3301 Warner Lane, stated there are other amenities at the marinas that justify the higher cost. Lost Lake slips have not been allowed to utilize garbage cans and some theft has occurred. Mayor Hanus emphasized that the fees are not being raised simply to stay with market but because of the debt and maintenance needs of Lost Lake. Hanson requested the attorney to modify the language and change the "and" to "or" in the applicable lines. MOTION by Hanus, seconded by Salazar, to approve the following resolution as amended with the stated corrections. All voted in favor. Motion carried. RESOLUTION NO. 13 -35: RESOLUTION AMENDING RESOLUTION NO, 12 -107 ADOPTING FEE SCHEDULE 9. Information /Miscellaneous A. Comments /reports from Councilmembers /City Manager B. Minutes: DCC Meeting DRAFT: 3/21/13 C. Reports: Finance Department — February 2013 D. Correspondence: 10. Adjourn MOTION by Salazar, seconded by Gillispie to adjourn at 8:17 p.m. All voted in favor. Motion carried. Attest: Catherine Pausche, Clerk -757- Mayor Mark Hanus 100 /day �y $300 /yr. �it.L�< �� z) ate oftSingloDance License Year Annual Dance LICENSE # CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC DANCE /LIVE MUSIC PERMIT APPLICATION " -h EVENT: t� LOCATION OF DANCE /LIVE MUSIC: �J O� t) P_ d J lid-, TYPE OF DANCE /LIVE MUSIC: TIME PERIOD OF DANCE /LIVE MUSIC �_3D 4-0 (HOURS PERMITTED: Mon -Sat: 8pm- 12:30am -'Sunday: 8pm- 11:30pm) CHAIRPERSON OR �b JG P, &rfe '4jJ APPLICANT: LI -� TITLE: j fCC40f G ADDRESS: � �' � ` / l P LakeADDRESS: /v1�1d r7 HOME PHONE #:��#ol�' HOME PHONE #: "� '`_7�)- ��g WORK PHONE #: f WORK PHONE #: exF ) �) v D We Applicant's Signature Department Approval/Denial (Submit memo if denied) Approved Denied Police Dept. C F v tk, ` -1,1;3 Adm. Fire Dept, -758- Name of organization Date organized Tax exempt number Our Lady of the Lake Church 1909 ES 29286 Address City State Zip Code 2385 Commerce Blvd. Mound —� Minnesota v 55364 Name of person making application Business phone Home phone Rhonda M. Eur ch, Administrator 9S2- 472 -1284 ext. 161 612 - 269 -4617 Date set ups will be sold Type of organization May 18, 2013 ❑ Club [_] Charitable ❑X Religious x0 Other non - profit Organization officer's name City State Zip X—TIM Dolan Mound Minnesota - 55364 Add New Officer Location where permit will be used. If an outdoor area, describe. Parking lot behind Our Lady of the Lake School and Church. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. John Glenn of Miller Coors / on- premise Sales Manager 3639 Reed Rd. St. Bonifacius, MN 5S375 If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Self- insured through the Archdiocese of St. Paul and Minneapolis, with program admjinistrated through /by Catholic Mutual. We have $500,00 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT nt Signature City Clerk or County Official Date Approved Permit Date Approved Director Alcohol and Gambling Enforcement NOT Sulxmi ! flie city Of ccunty30 days ll mIIto ✓Ont. For to =d applications:gnn by dty and /or county w the address abov�. Lf she ePpl catirn I ..p,alov,�'he Mcohoi and Er nt!nivlsinn v.,ffl return thi applicnuor: to bts useO' a the pF rtrit fo: tho-: -vcnt. -759 - Page 1 of 1 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt permit 1/13 Page I of 2 An exempt permit may be issued to a nonprofit organization that: Application fee (non refundable) - conducts lawful gambling on five or fewer days, and - awards less than $50,000 in prizes during a calendar year. If application is postmarked or received 30 days or If total prize value for the year will be $1,500 or less, contact the licensing more before the event $50; otherwise $100. specialist assigned to your county. ORGANIZATION INFORMATION Organization name Previous gambling permit number Our Lady of the Lake Church X -27340 Minnesota tax ID number, if any Federal employer ID number (FEIN), if any ES 29286 41- 0718339 Type of nonprofit organization. Check one. —0 Fraternal I G I Religious .Veterans aOther nonprofit organization Mailing address City State Zip code County 2385 Commerce Blvd. Mound MN 55364 Hennepin Name of chief executive officer [CEO] Daytime phone number E -mail address Rhonda M. Eurich, Administrator 952 -472 -6340 ext. 161 reurich @oll.pvt.k12.mn.us NONPROFIT STATUS Attach a copy of ONE of the following for proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 60 Empire Drive, Suite 100, St. Paul, MN 55103 Phone: 651- 296 -2803 El _ IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877- 829 -5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization [charter] If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b, the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. Our Lady of the Lake Church and School Address [do not use PO box] City or township Zip code County 2385 Commerce Blvd. Mound 55364 Hennepin Date[s] of activity. For raffles, indicate the date of the drawing. Saturday, May 18, 2013 CY each type of g�ling activity that your organization will conduct. IL✓J_I u Bingo* Raffle Paddlewheels* El Pull -tabs* Tipboards* *Gambling equipment for bingo paper, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gicb.state.mmus and click on Distributors under the WHO'S WHO? LIST OF LICENSEES, or call 651- 639 -4000. - t Ou- 1/13 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after 30 [60 days for a 1st class city]. days. _The application is denied. The application is denied. Print city name L I -F \1 /) � O Lkt J C> Print county name Signature f o/�i.- [i'h- tS!✓)U.",4�i.ivL6ti`� Signature of county personnel Z Title Date Title TOWNSHIP. If required by the county. On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. i �''i'�'' PI �'Ii I' I' I° [A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.166.] Print township name Signature of township officer IN Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returne t Board w' hin 3> 0 days of� event date., '`��/,t/') Chief executive officer's signature L,i(JLixyll� Date3 /27/13 Print name Rhonda M. Eurich, Administrator REQUIREMENTS Complete a separate application for: Financial report and recordkeeping required • all gambling conducted on two or more consecutive days, or A financial report form and instructions will be sent with your • all gambling conducted on one day. permit, or use the online fill -in form available at Only one application is required if one or more raffle drawings www.gcb.state.mn.us. are conducted on the same day Within 30 days of the event date, complete and return Send application with: the financial report form to the Gambling Control Board. _ a copy of your proof of nonprofit status, and Questions? application fee (non refundable). Make check payable to Cali the Licensing Section of the Gambling Control Board "State of Minnesota." at 651- 639 -4000. To: Gambling Control Board Thisform will be made available in alternative format (i.e. large print, Braille) 1711 West County Road B, Suite 300 South upon request. Roseville, MN 55113 Data privacy notice: The information requested on this All other information provided will be pri- General; Commissioners of Administration, form (and any attachments) will be used by the Gambling vate data about your organization until the Minnesota Management & Budget, and Control Board (Board) to determine your organization's Board issues the permit. When the Board Revenue; Legislative Auditor, national and qualifications to be involved in lawful gambling activities in Issues the permit, all information provided international gambling regulatory agencies; Minnesota. Your organization has the right to refuse to will become public. If the Board does not anyone pursuant to court order; other indi- supply the information; however, if your organization issue a permit, all information provided viduals and agencies specifically authorized refuses to supply this information, the Board may not be remains private, with the exception of your by state or federal law to have access to able to determine your organization's qualifications and, organization's name and address which will the Information; individuals and agencies as a consequence, may refuse to issue a permit. If your remain public. Private data about your for which law or legal order authorizes a organization supplies the information requested, the Board organization are available to: Board mem- new use or sharing of information after this will be able to process the application. Your organization's bers, Board staff whose work requires notice was given; and anyone with your name and address will be public information when received access to the information; Minnesota's written consent. by the Board. Department of Public Safety; Attorney 761- 5341 Maywood Road Mound, MN 55364 (952) 472 -0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith Date: 4/4/2013 Re: April 9, 2013 City Council Consent Agenda Item —2013 OLL Blast Blockparty SUMMARY. Our Lady of the Lake Catholic Church and School (OLL) is requesting approval of a temporary sign permit to allow placement of 3 temporary banners (3' x 20') at a number of locations in Mound to promote the 'Blast Blockpart ", a fundraising concert event for OLL school, to be held on Saturday, May 18, 2013 on the church /school grounds. The proposed locations for the banners are described below and will be put up as soon as possible following approval until May 20, 2013. 2155 Commerce Boulevard (Carbone's at Mound Marketplace — fence) 2411 Commerce Boulevard (OLL church school - fence) 5401 Shoreline Drive (Villa Commercial Building /Caribou - fence) DISCUSSION. • Pennant / Banner Provisions. City Code Sec. 119.4 (1) (3) allows temporary banners and pennants employed for special events as long as they are removed within (30 ) days 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 or pennants can be issued no more than four (4) times per calendar year. • The permit application includes a request to allow the temporary signage for an extended period beyond the 30 -day allowance. The temporary sign permit application fee of $25.00 has been paid by the applicant. • Similar to previous years, the banners will be constructed of a plastic -type, flexible material and will include the event logo and other information about the event. • The submitted letter from OLL states that they have obtained permission from the owners of the aforementioned locations. • It is important to note that Staff approved a temporary sign permit for the period of April 4`h through April 22nd for a banner on the Mound Marketplace plaza decorative fence. In addition, the signage and marketing plan associated with the 2013 Mound Farmers' Market & More seasonal request is also included on the April 9`h agenda and includes banners to be placed on the Mound Marketplace and Villa commercial building decorative fence for the time period of May 4`h - May 18`h. Therefore, there will be more than 1 banner on the decorative fence(s) on certain days. -762- RECOMMENDATION. City staff recommends that the City Council approve the temporary sign request for the OLL 'Blast' subject to the following conditions: 1. An extended period beyond the 30 -day banner allowance is approved for the banners. All signage shall be removed from the locations immediately following the event. • Page 2 -763- tr 5341 Maywood Road, Mound, MN 55364 Phone 952- 472 -0600 Fax 952 - 472 -0620 .,, r 1 WEETAIN U N • M. 0 SITE Property Address 2385 Commerce Blvd. Zone Business Name Our Lady of the Lake Church Phone 952- 472 -1284 APPLICANT Name Rhonda M. Eurich, Administrator_ Email reur1ch @oll.pvt.k12.mn.us_ Phone 952472 -1284 ext. 161 Fax 952472 -1216 Other OWNER Name Fr. Tim Dolan, Pastor Phone 952472 -1284 ext. 172 Fax 952 -472 -1216 Other SIGN Company Name r Address CONTRACTOR Contact Person Email �f8 ew Phone Fax Other See City Code Chapter 365.15 Subd 9 and 10 ❑ Seasonal Sign $25 - Dates from to Size feet x 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 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) 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. X Portable Sign (no fee) - Dates from ASAP_ to May 20, 2093 Number of signs 3 Sign locations (list or attach map) 2251 Commerce Blvd., 2385 Commerce Blvd and 5401 Shoreline Dr. Please see attached letter! Describe sign (message, materials, etc.) Our Lady of the Lake's Annual School Fundraiser, called the "BLAST." 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. (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: 3- � -4, 2 DATE RECEIVED BY & DATE PLANS CHECKED BY APPROVED BY & DATE COPIED APPROVED ZONING -765- Our Lady of the Lake Church 2385 Commerce Blvd. Mound, MN 55364 952 - 472 -1284 Our BLAST signs will be placed at the following establishments: 2251 Commerce Blvd, Current Owner has given us their permission. Caribou Coffee 5401 Shoreline Drive Current Owner has given us permission OLL School Fence 2411 Commerce Blvd. All of the Signs are Tx 20.' 1013 Thank you for your consideration. If you have any question, please contact me. R onda Eunch, Administrator 952 - 472 -1284 ext. 161 -766- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC GATHERING PERMIT Use of a public park or commons by any group consisting of 15 or more individuals. Use is not to interfere with traffic and general use of the park or commons or to be beyond the ability of the police in maintaining order. NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS. Group is to remove all litter and trash and provide a deposit to insure cleaning up of the park area. PERMIT FEE: $300/DAY TO $600/DAY* f- -3 b b DAMAGE DEPOSIT: $500 TO $1000/DAY* +Sgb0 *Permit fee and damage deposit amount to be determined by City Manager and City Staff upon receipt of application stating specific use and requirements. Date(s) of Use bJ�/�� 3 Area to be Used Time Frame Intended Use Expected Attendance –'> (V-\, Organization �� \ L UGS `_} 0, Representative's Name & �CA 6? 4 l p Address z PUCK r - I O to A�p- � Telephone No. Home: Work: 22— - ci w Drivers License Number Zn C 2-9 `Y 2 S ) Z DTartmental Approval City /�Clerk C, rniakC t i"r1�i Police De t. Park Dept. -767- Fire Dept CITY OF MOUND ORDINANCE NO. -2013 AN ORDINANCE AMENDING CHAPTER 6 OF THE MOUND CITY CODE AS IT RELATES TO ALCOHOLIC BEVERAGES The City Council of Mound does ordain: That Article II, Intoxicating Liquor, Section 6 -18, Definitions, be hereby amended as follows: Restaurant means an establishment under the control of a single proprietor or manager, having appropriate facilities to serve meals, for seating not less than 5,0 40 guests at one time, having a total area of at least 254 square feet, and where in consideration of payment therefore, meals are regularly prepared on the premises and served at tables to the general public, and which employs an adequate staff for the usual and suitable service to its guests and more than 50 percent of the dollar volume of sales comes from the sale of food. For the purpose of meeting the 50 percent dollar volume requirement, the aggregate dollar volumes of restaurants which are adjacent, and which are under the majority control and ownership of the same individual may be combined. That Article III, 3.2 Percent Malt Liquor, Section 6 -79, Definitions, be hereby amended as follows Restaurant means an establishment under the control of a single proprietor or manager, having appropriate facilities to serve meals, for seating not less than 54 40 guests at one time, having a total area of at least 254 square feet, and where in consideration of payment therefore, meals are regularly prepared on the premises and served at tables to the general public, and which employs an adequate staff for the usual and suitable service to its guests and more than 50 percent of the dollar volume of sales comes from the sale of food. For the purpose of meeting the 50 percent dollar volume requirement, the aggregate dollar volumes of restaurants which are adjacent, and which are under the majority control and ownership of the same individual may be combined. Passed by the City Council this 90' day of April, 2013. Attest: Catherine Pausche, Clerk Mayor Mark Harms Published in The Laker the day of April, 2013. Effective the _ day of April, 2013. .: CITY OF MOUND RESOLUTION NO. 13- RESOLUTION AUTHORIZING PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY, AS IT RELATES TO ALCOHOLIC BEVERAGES WHEREAS, the City Council of the City of Mound has adopted Ordinance No. 03- 2013 amending Chapter 6 of the Mound City Code as it relates to alcoholic beverages; and WHEREAS, Minnesota Statutes, Section 412.191, subdivision 4, allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the following summary of Ordinance 04 -2013 has been approved by the City Council of the City of Mound as clearly informing the public of the intent and effect of the Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound has reviewed the following summary of the ordinance and approved its publication in accordance with Minnesota Statutes, Section 412.191, subdivision 4: Ordinance 04 -2013 has been approved by the City Council of the City of Mound. The Ordinance amends Chapter 6 of the Mound City Code as it relates to alcoholic beverages by changing the minimum seating requirements from 50 to 40 in the definition of the tern "Restaurant" in Mound City Code, Sections 6 -18 and 6 -79. BE IT FURTHER RESOLVED that the City Clerk keep a copy of the entire text of the ordinance in her office at city hall for public inspection and that she post the entire text of the ordinance at the Westonka Public Library in the City. Passed by the City Council this 9s' day of April, 2013. Mayor Mark Hanus Attest: Catherine Pausche, Clerk -769- 420825x1 MTM MU220 -2 1 H K giv 81i 1hW8161.1LLC 111i144Z81:11 TO: City Council FROM: Rita Trapp, Planning Consultant Sarah Smith, Community Development Director DATE: April 4, 2013 SUBJECT: Front Yard Setback Variance Request & Expansion Permit Request APPLICANT: Darren Kahmeyer LOCATION: 1571 Finch Lane (PID NO. 12- 117 -24 -43 -0001) CASE: Planning Case No. 13 -13 (Expansion Permit) and Planning Case No. 13 -03 (Variance) The City Council reviewed the requested expansion permit and variance for the property at 1571 Finch Lane at its March 26, 2013 meeting. At that time the City Council recommended approval of both applications and directed Staff to prepare resolutions. Attached are two resolutions for your consideration. WA"I RESOLUTION NO. 13- RESOLUTION APPROVING EXPANSION PERMIT FOR 1571 FINCH LANE PLANNING CASE NO. 13 -13 WHEREAS, the applicant, Darren Kahmeyer, submitted an expansion permit for a house and garage remodel /addition project at 1571 Finch Lane; and WHEREAS, the property is located in the R -1A single - family residential zoning district; and WHEREAS, the R -1A single - family residential district requires a rear setback of 14.3; and WHEREAS, the existing home on the property is nonconforming as it is located only 14.3 feet from the rear property line; and WHEREAS, the applicant seeks to raise the roof and add additional living area on the existing home; and WHEREAS, according to City Code Section 129 -2, "Expansion Permit" is defined as follows: Expansion Permit means a permit which is granted by the City Council for the expansion or enlargement of a nonconforming structure in accordance with Section 129 -40. and WHEREAS, City Code Section 129 -40 (a) outlines the criteria for granting expansion permits which are provided below: (a) Criteria. An expansion permit for a nonconforming structure may be issued, but is not mandated, to provide relief to the landowner where this chapter imposes practical difficulties to the property owner in the reasonable use of the land. In determining whether practical difficulties exist, the applicant must satisfy the City Council that the following criteria exist: (1) the proposed expansion is a reasonable use of the property considering: a. function and aesthetics of the expansion. b. absence of adverse off -site impacts such as from traffic, noise, odors and dust. c. adequacy of off - street parking. -771- (2) exceptional or extraordinary circumstances justifying the expansion are unique to the property and result from lot size or shape, topography, or other circumstances over which the owners of the property since enactment of this chapter have had no control. (3) the exceptional or extraordinary circumstances do not result from the actions of the applicant. (4) the expansion would not adversely affect or alter the essential character of the neighborhood. (5) the expansion requested is the minimum needed. -. WHEREAS, details regarding the requested variance for the proposed project are contained in the City Council Report dated March 21, 2013, the City Council Report – Addendum dated March 26, 2013 and the submitted application and supporting materials from the applicant; and WHEREAS, Staff recommended approval of the expansion permit subject to conditions; and WHEREAS, the expansion permit was reviewed by the Planning Commission at its March 19, 2013 meeting; and WHEREAS, the Planning Commission unanimously voted to recommend Council approval of the expansion permit, as recommended by Staff; and WHEREAS, the City Council reviewed the expansion permit at its March 26, 2013 meeting; and WHEREAS, the City Council recommended approval of the expansion permit at its March 26, 2013 meeting and directed Staff to prepare a resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound does hereby approve the expansion permit with the following conditions: Concurrent approval of the requested variance application submitted by the applicant. 2. Applicant shall be responsible for payment of all costs associated with the land use request. 3. No future approval of any development plans and /or building permits is included as part of this action. 4. Applicant shall submit all required information upon submittal of the building permit application. 5. An expansion permit granted will automatically expire and be of no further force and effect if no building permit has been issued within one year of the date of -772- approval of the expansion permit unless an extension is approved pursuant to the regulations contained in City Code Section 129 -40 which shall be the responsibility of the applicant. 6. Applicant shall ensure that runoff from the roof does not drain on to neighboring properties. 7. Building height of the home shall be less than 35 feet as required by City Code. 8. No materials shall be stockpiled in the 50 -FT lakeshore setback, Waurika Commons area, public right -of -way, or 100 -year floodplain area(s). 9. Applicant shall be responsible for procurement of any and /or all local or public agency permits including, but not limited to, the submittal of all required information prior to building permit issuance. 10. The applicant shall be responsible for recording the resolution with Hennepin County. The applicant is advised that the resolution will not be released for recording until all conditions have been met. 11. No building permit will be issued until evidence of recording of the resolution at Hennepin County is provided unless an escrow of sufficient amount is on file with the City. The applicant may also direct the City to record the resolution with the fees to be taken out of the escrow. 12. Effective September 1, 2011, new Minnehaha Creek Watershed District (MCWD) rules related to wetlands, floodplain, erosion control and others are in effect. These rules are now under the jurisdiction of the MCWD as regulatory authority and permitting was officially turned back to the District by the Mound City Council on August 23, 2011. Applicant is directed to contact the MCWD related to the new regulations and applicable permits that may be needed to undertake the proposed project. Evidence from the MCWD in the form of a permit or waiver must be provided before release of any future building permit. In approving the requested expansion permit, the City Council hereby makes the following findings of fact: The requested construction is being constructed within the footprint of the existing home. 2. Conditions of City Code Section 129 -40 (a) are being met. The expansion permit is hereby approved for the following legally described property: Lots 1 & 2, Block 2, Woodland Point including adjacent part of Waurika Common -773- Adopted by the City Council this 91" day of April 2013, Attest: Catherine Pausche, City Clerk Mark Hanus, Mayor -774- RESOLUTION NO. 13- RESOLUTION APPROVING VARIANCE FOR 1571 FINCH LANE PLANNING CASE NO. 13 -03 WHEREAS, the applicant, Darren Kahmeyer, submitted a variance for a house and garage remodel /addition project at 1571 Finch Lane; and WHEREAS, the property is located in the R -1A single- family residential zoning district; and WHEREAS, the R -1A single - family residential district requires a front yard setback of 20 feet; and WHEREAS, the applicant is seeking to remove the existing, nonconforming front - loaded garage which is located 10 feet from the front property line; and WHEREAS, the applicant is seeking to construct a side - loaded garage located 6.1 feet from the front property line; and WHEREAS, the side - loaded garage is to have upstairs living area and basement storage; and WHEREAS, City Code Section 129 -39 (a) outlines the criteria for granting variances which is provided below: (a) Criteria. A variance to the provisions of this chapter may be granted, but is not mandated, to provide relief to the landowner in those zones where this chapter imposes practical difficulties to the property owner in the use of the owner's land. No use variances may be granted. A variance may be granted only in the event that the following circumstances exist: (1) The variance proposed meets the criteria for Practical Difficulties as defined in City Code Sub. 129 -2. (2) Granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district nor be materially detrimental to property within the same zone. (3) The variance requested is the minimum variance which would alleviate the practical difficulty. -775- Resolution No. 13- (4) A variance shall only be permitted when it is in harmony with the general purposes and intent of the zoning ordinance and when the terms of the variance are consistent with the comprehensive plan. and; WHEREAS, according to City Code Sec. 129 -2, "Practical Difficulties" is defined as follows: Practical Difficulties, as used in conjunction with a variance, means that: (i) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (ii) The plight of the landowner is due to circumstance unique to the property including unusual lot size or shape, topography or other circumstances not created by the landowner; and (iii) The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. ; and WHEREAS, details regarding the requested variance for the proposed project are contained in the City Council Report dated March 21, 2013, the City Council Report Addendum dated March 26, 2013 and the submitted application and supporting materials from the applicant; and WHEREAS, the variance was reviewed by the Planning Commission at its March 5, 2013 and March 19, 2013 meetings; and WHEREAS, the Planning Commission voted four in the affirmative and two in the negative to recommend denial of the variance; and WHEREAS, the Planning Commissioners in recommending denial of the variance suggested the applicant reduce the size of the garage so as to minimize the size of variance required; and WHEREAS, the City Council reviewed the variance at its March 26, 2013 meeting; and WHEREAS, the applicant submitted revised plans to the City Council at its March 26, 2013 meeting; and WHEREAS, the revised plans presented modified the size of the garage, reducing the size of the variance needed from 14.8 feet to 13.9 feet. WHEREAS, the City Council recommended approval of the variance at its March 26, 2013 meeting and directed Staff to prepare a resolution; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound does hereby approve the variance with the following conditions: -776- Resolution No. 13- 1. Concurrent approval of the requested expansion permit application submitted by the applicant. 2. Applicant shall be responsible for payment of all costs associated with the land use request. 3. No future approval of any development plans and /or building permits is included as part of this action. 4. Applicant shall submit all required information upon submittal of the building permit application. 5. Building height of the proposed structure shall be less than 35 feet as required by City Code. 6. No materials shall be stockpiled in the 50 -FT lakeshore setback, Waurika Commons area, public right -of -way, or 100 -year floodplain area(s). 7. Applicant shall be responsible for procurement of any and /or all local or public agency permits including, but not limited to, the submittal of all required information prior to building permit issuance. 8. The applicant shall be responsible for recording the resolution with Hennepin County. The applicant is advised that the resolution will not be released for recording until all conditions have been met. 9. No building permit will be issued until evidence of recording of the resolution at Hennepin County is provided unless an escrow of sufficient amount is on file with the City. The applicant may also direct the City to record the resolution with the fees to be taken out of the escrow. 10. Effective September 1, 2011, new Minnehaha Creek Watershed District (MCWD) rules related to wetlands, floodplain, erosion control and others are in effect. These rules are now under the jurisdiction of the MCWD as regulatory authority and permitting was officially turned back to the District by the Mound City Council on August 23, 2011. Applicant is directed to contact the MCWD related to the new regulations and applicable permits that may be needed to undertake the proposed project. Evidence from the MCWD in the form of a permit or waiver must be provided before release of any future building permit. -777- Resolution No. 13- In approving the requested variance, the City Council hereby makes the following findings of fact: The criteria of City Code Section 129 -39 (a) are being met 2. The orientation of the house on the property and its location at the end of Finch Lane limits the ability of the applicant to locate the proposed garage in a different location on the lot. 3. The replacement of the existing front -load garage with a side -load garage will enable the applicant to construct a driveway that better accommodates off - street parking and improves safety for the neighborhood. 4. The replacement of the garage and associated structure improvements to the landscape will reduce hardcover to at or below 40 %. The expansion permit is hereby approved for the following legally described property: Lots 1 & 2, Block 2, Woodland Point including adjacent part of Waurika Common Adopted by the City Council this gth day of April 2013. Attest: Catherine Pausche, City Clerk Mark Hanus, Mayor INO 5341 Maywood Road Mound, MN 55364 (952) 472 -0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: April 2, 2013 Re: City Council Consent Agenda Item —2013 Mound Farmers' Market & More Seasonal Activities SUMMARY. Karly Curtis, on behalf of the Mound Farmers' Market and More (MFM &M), has submitted a request for seasonal approval for this year's activities associated with the market in downtown Mound which has been located in the City parking lot south of the Dakota Trail for the past few years. Details regarding the 2013 seasonal request from MFM &M are outlined in the applicant's submitted materials. DISCUSSION • The MFM &M request includes their seasonal signage plan and permission to place a storage shed south of the Dakota Trail on City property south of the Dakota Trail in the vicinity of the market area. Members may recall that a temporary storage shed was included as part of the 2012 seasonal program. • 2013 market activities will be held on Saturdays from May 18th through October 12th from 8:30AM to 12:30 PM. • Members may recall that this is the same approach used by the City Council for review and approval of the 2011 and 2012 MFM &M activities and was recommended by Staff because the City Code regulations are not geared toward a temporary seasonal use for an extended period of time. • Copies of the applicant materials were forwarded to City Manager Kandis Hanson, Orono Police Chief Farniok, Public Works Director Carlton Moore, Finance Director /City Clerk Catherine Pausche, Fire Chief Pederson, and Public Works Superintendent Ray Hanson. • Signage / Marketing Program. • MFM &M is also requesting Council approval of its proposed seasonal marketing program which includes the use of banners, portable sandwich boards, and special events signs for the duration of the market season based on submitted graphics of the proposed signs. Council is advised that the temporary sign permit submitted only referenced the use of banners and that dates shown on graphic are not consistent with the dates included in the applicant's narrative. -779- Pennant / Banners. City Code Sec. 119 allows temporary banners and pennants employed for special events as long as they are removed within (30) days 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 or pennants can be issued no more than four (4) times per calendar year. Portable Signs. City Code Sec. 119 allows for the placement of portable signs and is eligible for administrative approval in most instances subject to conditions including a 30 -day allowance. Special Event Yard Signs. City Code Sec. 119 allows the placement of special event signs on private property subject to the provisions in the City Code which regulates garage sale signs. ® Fees. MFM &M is requesting waiver of all fees. However, City Manager Hanson is recommending payment of the following fees for 2013 season which is the same as the fees paid for the 2012 season: $300.00 — Public Gathering Permit $ 50.00 — Dance /Live Music Permit $ 25.00 — Temporary Sign Permit • Other Permits. MFM &M submitted their requests for the Public Gathering and Public Dance /Live Music Permit applications to the City which are recommended for approval subject to payment of the applicable fees. ® Indemnity Agreement. Similar to 2011 and 2012, the execution of an indemnity agreement is a recommended condition. • Insurance. Similar to 2011 and 2012, a certificate of insurance from the Farmer's Market naming the City of Mound as an additional insured is recommended. The applicant has confirmed that the certificate of insurance is forthcoming. The MFM &M insurance certificate is required to be in effect at all times the market is operating. O Members are advised that Staff has requested that Karly Curtis attend the April 9th City Council meeting in the event there are questions from the Council. • It is important to note that there is a temporary sign permit request by Our Lady of the Lake Church included on the April 9ch agenda to allow banner placement on the Mound Marketplace and Villa commercial building decorative fence to promote this yea's "Blast' event with a requested time period of April loth to May 20th. Therefore, Council members area there will be more than 1 banner on the decorative fences for certain days. • Page 2 :I RECOMMENDATION. Staff recommends that the City Council approve the 2013 seasonal use and activities for the 2013 Mound Farmers' Market & More subject to the following list of minimum conditions: 1. No fees are waived for this year's market activities. The fees to be paid for the 2013 market season are $375.00. 2. No signage can be placed upon private property unless permission from the private property owner has been provided to the applicant who shall be responsible for obtaining same. 3. Signage placement is subject to review and approval by the City of Mound. No signage shall be placed in a location so as to affect vehicular and pedestrian traffic. The City of Mound reserves the right to modify sign placement in the field. 4. As applicable, the applicant shall be required to obtain any and /or all required permits from other agencies including, but not limited to, Hennepin County. 5. Signage placed outside of the City's approval of the temporary permit shall be subject to removal by the City. 6. An indemnity agreement shall be prepared by the City and executed by the involved parties related to the seasonal location of the storage shed with all associated costs thereof to be paid by the applicant. The indemnity agreement must be fully executed before the storage shed is delivered to the site. 7. A certificate of insurance shall be provided to the City of Mound by the Mound Farmers' Market & More, which shall name the City of Mound as an additional insured, which shall be subject to review and acceptance by Staff and the City's insurance carrier including any required revisions. • Page 3 -781- To: Sarah Smith/City of Mound From: Karly Curtis Date: 3/27/2013 Re: City Council Consent Agenda Item — 2013 Mound Farmers' Market & More season PURPOSE: Mound Farmers' Market & More (MFM &M) is requesting city council approval of submitted permits listed below for the 2013 season. We are asking for a waiver of all or most fees, if possible. The Market will operate May 18 -Oct 12, on Saturdays from 8:30AM- 12:30PM. We will offer locally grown produce, local crafters, music and more. Location of the Market will be at the Mound Transit Center - 5515 Shoreline Drive, on the Dakota Rail Trail. Sign Permit Banner permit Public Gathering Permit Music permit March 13, 2013 Mound Farmers Market & More !f 5341 Maywood Road, Mound, MN 55364 Phone 952- 472 -0600 Fax 952- 472 -0620 1 �'. � • Will SITE Property Address Zone Business Name: Mound Farmers' Market and More Phone 952- 472 -2342 APPLICANT Name_ Karly Curtis Email: Karlycurtis @Live.com Phone 952 - 452 -3986 Fax Other Cell: 952 -452 -3986 OWNER Name _ Mound Farmers' Market and More Phone _952- 452- 3986_Fax Other SIGN Company Name CONTRACTOR Address Contact Person: Email: Phone _ _ Fax Other Cell: See city uooe unapter 119 -4 ❑ Seasonal Sign $25 - Dates from to Size feet x 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 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. Z Banner /Pennant $25 — (Rotate 2 banners to 6 locations, throughout the 2013 Market Season) Dates from on or around May 4-18, at first 2 sites Then rotate to each at other locations, for 2 weeks, Dates TBD as property owners allow Describe event: Banner Advertisement for the (:Mound Farmers Market & More Sign locations for 2 banners (list or attach map): I. Villa /Caribou decorative fence 2. Daily's Pub decorative fence At the Welcome to Mound sign on Cty Rd 15 At OLL fence facing Ct Rd 110 (pending approval front (ALL property owners) Private property corner of 110 & 44 Vacant lot across from PDQ on Cty Rd 110 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 schedL-7 8 3 -pproved 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 Sign locations (list or attach map) Describe sign (message, materials, etc.) to Number of signs 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 © 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. Karly Curtis APPLICANT'S SIGNATURE _3/13/2013 DATE (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: RECEIVED BY &DATE PLANS CHECKED BY APPROVED BY &DATE 7E COPIED APPROVED zONINO n 3 a �o A N N N N d_ a N N � � s � w wo Q a a N -785- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC GATHERING PERMIT Use of a public park or commons by any group consisting of 15 or more individuals. Use is not to interfere with traffic and general use of the park or commons or to be beyond the ability of the police in maintaining order. NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS. Group is to remove all litter and trash and provide a deposit to insure cleaning up of the area. PERMIT FEE: $300 /DAY TO $600 /DAY* DAMAGE DEPOSIT: $500 TO $1000 /DAY* *Permit fee and damage deposit amount to be determined by City Manager and City Staff upon receipt of application stating specific use and requirements. * * *MFM &M committee is requesting aft fees to be waived. We assure the City of Mound that MFM &M will be accountable for monitoring vendors and elean -up of the lot. Date(s) of Use Saturdays May 18 -Oct 12, 2013 Area to be Used 5515 Shoreline Drive (Mound Transit Center) and City of Mound parking lot, located to the south of the Dakota Rail Trail Time Frame Market will operate 8.30AM- 1230PM. (Vendor setup time 7am -8am break -down & cleanup 12:001)m- 1:00pm) Intended Use vendor displaces Expected Attendance 200+ daily Organization Mound Farmers Market & More Representative's Name Address Telephone No. Home: Work: Drivers License Number :. Departmental Approval City Clerk Police Dept. Park Dept. Fire Dept.' -787- z» 2 Info ". MY MOM'S FARM Entertainment 2 V MY MOM'S FARM COOKIES 4 19 6 euuphan mr TAMMEN FARMS EE 8 XIONG /KEN BAKERY CHANG 10 27 12 ELAINSUCHY 14 11 4rlbeula Chee Her AKERBERG 16 gCRES U�Ibeu W 35 THE FARM OF 18 MN 22 SHAUNANA FUSED GLASS 24 ONG TAO STAN'S 26 SAWING 28 SHEETS 30 SANDY SOLBERG 32 KETTLE CREEK KITCHEN 34 TOUAVANG 36 TOUAVANG INFORMATIO N BOOTH 13' 13' 20' Light Pale 13' SO' Total of 66' Total of 233' deep Entrance wide Bank Parking Lot i i extra MY MOM'S 17 COOKIES Butterfield 19 Greenhouse 9 TAMMEN FARMS 5 HOWLING DOG 2 BAKERY 25 COMMUNITY 27 BOOTH 9 LEE FAMILY 11 4rlbeula Chee Her 29 ennw,, ch.. er I— abenmwe 13 U�Ibeu W 35 20' Light Pale 13' SO' Total of 66' Total of 233' deep Entrance wide Bank Parking Lot i i IS Sally's Hoops 17 DOWNHOME TRADITIONS 19 CHIROPRACTIC USA 21 WEAR IGIVE 23 25 LEE FAMILY 27 FARM LEE FAMILY FARM 29 31 20' Light Pale 13' SO' Total of 66' Total of 233' deep Entrance wide Bank Parking Lot i i $100 /day1 %. $300 /yr. u( Date of Single Dance / License Year Annual Dance LICENSE # CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC DANCE/LIVE MUSIC PERMIT APPLICATION EVENT: Mound Farmers Market & More, May 18 -Oct 12, 2013 LOCATION OF DANCE/LIVE MUSIC: _ Mound Transit Center - 5515 Shoreline Drive TYPE OF DANCE /LIVE MUSIC: Volunteering Local acoustic musicians_ TIME PERIOD OF DANCE /LIVE MUSIC _ _Approx 10:00 -12:00 (HOURS PERMITTED: Mon -Sat: 8pm- 12:30am — Sunday: 8pm- 11:30pm) CHAIRPERSON OR APPLICANT: Karly Curtis TITLE:_MFM &M Board member ADDRESS: 5967 Idlewood Road, Mound ADDRESS: HOME PHONE #: 952- 452 -3986 HOME PHONE #: WORK PHONE #: WORK PHONE #: 3/13/2013_ _`Kxrtt GNrN5 Date Applicant's Signature Department Approval/Denial (Submit memo if denied) Approved Denied Police Dept. Adm. Fire Dept, -789- f ` C. f /p` �I Consulfin Engineers +fit Surveyors i ; 2838 Shadow Lane, Suite 200 • Chaska, MN 55318 -1172 Phone (952) 448 -8838 - Fax (952) 448 -8805 �1�.. -- www.bolton- menk.com April 4, 2013 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 RE: 2013 Street, Utility and Retaining Wall Improvements City Project Nos. PW- 13 -01, PW- 13 -02, PW -13 -05 Award of Bid Dear Mayor and Members of the Council: 1 t'�_J p Bids were received on March 26, 2013 with the following results which includes Alternate 1, Woodlyn Ridge Court Improvements, $315,664.89, for which we have received the developer's approval to include; Lynwood Boulevard Watermain replacement from Grandview Boulevard to Old School Road at $151,919.94; and the Wilshire Boulevard parking space addition at $26,451.84: Contractor Amount Bid GMH Asphalt Corporation $4,577,797.29 LaTour Construction, Inc. $4,757,811.11 While we received only hvo bids, there was much interest in the project and we feel both bids were good. The low bid is 7.9% below the Engineer's Estimate of $4,941,431. The contractor, GMH Asphalt Corporation, out of Chaska, has successfully completed previous Mound Street Reconstruction projects in 2007, 2009, 2011 and is nearing final completion of the 2012 Project. In addition, they have completed several other similar projects throughout the metro area. One item that I want to make sure the Council is aware of, is the possible use of the City's Clyde Road property between Island View Drive and Tuxedo Boulevard, for the contractor's material storage area. The contractor is currently attempting to obtain permission to use the Tumquist Properties site west of the Skelly Station between Tuxedo Boulevard and Wilshire Boulevard, but has not yet been able to make contact with the owner. It is always a challenge for the contractor to find space to store pipe, concrete structures and other miscellaneous items temporarily before they are installed as part of the improvement project. The Clyde Road site is adjacent to one of the project streets — Clyde Road, and would help the contractor proceed with the required work in a timely manner. If it becomes necessary to use this site, we will monitor the site to assure that it meets contract requirements. Everything will be restored to pre - existing conditions prior to project close -out. H:N0UMC12105545 \1,Co=\D. Docs\M3 -04 -03 Hid Award Recdn to Council.doc PES1GNING FOR A BETTER TOMORROW W Bolton & Menk is an euval opportunity employer -790- i Mayor and Members of the Council April 2I, 2017 x r Page 2 It is our recommendation that the Council approve the attached resolution awarding the 2013 Street, Utility and Retaining Wall Improvement Project to GMI-I Asphalt Corporation in the amount of $4 „577,797.29. Sincerely, BOLTON & MENK, INC.` Daniel L. Faulkner, P.E. Mound City Engineer HAMOUMC1210554511 Cones\D. W&2013-04-03 Bid Award Reedn to CounciLdoc -791- CITY OF MOUND RESOLUTION NO. 13- RESOLUTION ACCEPTING BID FOR THE 2013 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT (PW13 -01, PW13 -02, and PW13 -05) WHEREAS, pursuant to an advertisement for bids for the 2013 Street, Utility and Retaining Wall Improvement Project, bids were received, opened and tabulated according to law, with the following bids received and complying with the advertisement: GMH Asphalt Corporation $4,577,797.29 LaTour Construction, Inc. $4,757,811.11 AND WHEREAS, it appears that GMH Asphalt Corporation of Chaska, MN is the lowest responsible bidder, NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota, that the Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with GMH Asphalt of Chaska, MN, in the name of the City of Mound for the 2013 Street, Utility and Retaining Wall Improvement Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 91h day of April 2013. Attest: Catherine Pausche, City Clerk -792- Hanus, Mayor L=C>iV ! , . } Consuming Engineers & Surveyors r 2638 Shadow Lane, Suite 200 - Chaska, MN 55316 -1172 / Phone (952) 448 -8838 • Fax (952) 448 -6805 /�--} www.bofton- menk.com April 4, 2013 Honoi-able Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 RE: Metropolitan Council Grant Program Infiltration and Inflow Reduction Final Plans for Cured-In-Place Pipe (CIPP) Project City Project PW -13 -06 Dear Mayor and Council Members: We have recently received the fully executed grant agreement from the Metropolitan Council for the proposed CIPP project. The construction cost estimate is $303,720 and the project consists of lining 5,850 feet of 8 -inch sanitary sewer pipe in various areas throughout the City. Please refer to the attached maps for the project locations. The maximum grant amount is $74,301 which covers 50 percent of the eligible construction expenses. For pipe lining, 50 percent of the cost is eligible, so depending on the low bid, the City should be eligible to receive the maximum amount. In simpler terms, for pipe lining, the City can receive 25 percent of the construction cost up to its maximum grant amount. The plans and specifications have now been completed and since the estimated construction cost exceeds $100,000, the project must by publically advertised for a minimum of 10 days prior to the receipt and opening of sealed bids. A Resolution has been prepared for the Council's consideration approving the plans and specifications and setting the bid date for April 30`h Sincerely, BrO,,T'ON & /M/ENK, INC. Daniel L. Faulkner, P.E. City Engineer 11 "MOUNU2105673U_Correslll. Docs\2013 -04-04 Council Approval of Final frians.doc DESIGNING; FOR A BETTER TOMORROW Bolton & Menk is an eouui opportunity employer -793- CITY OF MOUND RESOLUTION NO. 13- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2013 CIPP LINING PROJECT (PW- 13 -06) WHEREAS, pursuant to Resolution 12 -87 passed by the City Council on October 26, 2012, authorizing City staff to prepare and submit a Grant Application to the Metropolitan Council for inclusion in the Municipal Infiltration /Inflow Grant Program; and WHEREAS, the Grant Application was approved by the Metropolitan Council and a Grant Agreement ( SG2013 -020) was sent to the City Engineer on or about January 15, 2013; and WHEREAS, pursuant to Resolution 13 -17 passed by the City Council on February 12, 2013, authorizing the City to enter into the referenced Grant Agreement to be signed by the City Manager and further authorizing the City Engineer to prepare and submit pay claims for reimbursement of Project costs which require the preparation of plans and specifications in order to publically bid the project; NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published in the official city newspaper, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on April 30, 2013, at which time they will be publicly opened in the council chambers of city hall by the City Clerk and Engineer, will then be tabulated and will be considered by the City Council at 7:00 p.m. on Tuesday May 14, 2013 in the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless seated and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5% of the amount of such bid. Adopted by the City Council this 9`" day of April 2013. ATTEST: Catherine Pausche, City Clerk 794- Mark Hanus, Mayor EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MOUND, MINNESOTA HELD: April 9, 2013 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 April 9, 2013, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the sale of $6,470,000 General Obligation Utility and Improvement Bonds, Series 2013A. 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 $6,470,000 GENERAL OBLIGATION UTILITY AND IMPROVEMENT BONDS, SERIES 2013A, 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 "201 IA 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 "2011B Bonds ", and (viii) $ original principal amount, which is the "System Portion" of the General Obligation Bonds, Series 2012A, dated July 12, 2012 (the "2012 Bonds ", and together with the 2004B Bonds, the 2006B Bonds, the 2007B Bonds, the 2008C Bonds, the 2009B Bonds, the 2011A Bonds, and the 2011B Bonds, the "Outstanding System Bonds "); and -797- 5374825vI 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 C. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $6,470,000 General Obligation Utility and Improvement Bonds, Series 2013A (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 SE Island Park Area and other utility improvements (the "System Improvements ") 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 10:00 a.m. this same day pursuant to the Preliminary Official Statement dated March 28, 2013; 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 May 2, 2013, 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 -798- 2 5374825v1 $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 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Amount Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 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 "): Improvement Portion System Portion Year (Amount) _ (Amount) 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 -799- 3 5374825vl Total Amount 2032 2033 2034 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. 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, :11 5s74s2svi however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any 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 SI 5374825vl 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 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 Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (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 :1 53748250 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 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 I of each year (each, an "Interest Payment Date "), commencing February 1, 2014, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2015 2025 2016 2026 2017 2027 2018 2029 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 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 -803- 7 5374825v1 authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor - paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: al 5374825v1 IM UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND GENERAL OBLIGATION BOND, SERIES 2013A Interest Rate Maturity Date Date of Original Issue CUSIP % February 1, May 2, 2013 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, 2014, 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. 805- 9 5374825v1 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 $6,470,000, 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 April 9, 2013 (the "Resolution "), for the purpose of providing money to finance street and utility improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Utility and Improvement Bonds, Series 2013A 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. :1. 5374825v1 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, sanitary sewer and storm water utility systems (the "System ") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the 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 -807- 11 53748250 years and in 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 I: Authorized Signature 5374825v1 Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Manager :I: ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties 7T TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for under the (Cust) (Minor) Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto and does hereby irrevocably constitute and appoint Bond on the books kept for the registration thereof, premises. Dated: Uniform the within Bond attorney to transfer the with full power of substitution in the 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.) 809- 13 5374825v1 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 -810- 14 5374825vi 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 May 2, 2013. 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. -811- 15 5374825v1 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 /Clerk/Treasurer 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 Utility and Improvement Bonds, Series 2013A Fund" (the "Fund ") to be administered and maintained by the Finance Director /Clerk/Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. -812- 16 5374s25vi The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. The Operation and Maintenance Accounts heretofore established by the City 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 /Clerk/Treasurer 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 -813- 17 5374825vl the Improvements and payment of the costs thereof; (B) capitalized interest in the 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 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 -814- 18 5374825vi account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Covenants Relating to the Improvement Portion of the Bonds. (a) 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 Levy Years Collection Years Rate Amount 2013 -2027 2014 -2028 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 -815- 19 5374825vl 2013 -2027 2014 -2028 See Attached Schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Improvement Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Improvement Portion of the Bonds. The tax levies shall be irrepealable so long as any of the 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 WPM in 5374825v1 Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). 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 -817- 21 5374825vl of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 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 -818- 22 5374825v1 principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 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 /Clerk/Treasurer 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; -819 23 5374825v1 (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 2013 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2013 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. 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 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 820- 24 5374825v1 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting Clerk of the City of Mound, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $6,470,000 General Obligation Utility and Improvement Bonds, Series 2013A. WITNESS my hand on April _, 2013. Clerk -821- 25 5374825v1 EXHIBIT A Proposals -822- --1 5374825v1 STATE OF MINNESOTA DIRECTOR OF PROPERTY TAX AND PUBLIC RECORDS CERTIFICATE AS COUNTY OF HENNEPIN TO TAX LEVY AND REGISTRATION 1, the undersigned, being the duly qualified and acting Director of Property Tax and Public Records of Hennepin County, Minnesota, do hereby certify that on the date hereof there was filed in my office a certified copy of a resolution adopted on April 9, 2013, by the City Council of the City of Mound, Minnesota, authorizing the issuance of $6,470,000 General Obligation Utility and Improvement Bonds, Series 2013A (the "Obligations "), and levying a tax for the payment thereof, together with full information regarding the Obligations; the Obligations have been entered in my register; and the tax levy required by law has been made. WITNESS my hand and the seal of the Director of Property Tax and Public Records on April _, 2013. Director of Property Tax and Public Records (SEAL) -823- 5374825v1 Deputy County Auditor THIS PAGE IS INTENTIONALLY LEFT BLANK 5394825vl EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MOUND, MINNESOTA HELD: April 9, 2013 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 April 9, 2013, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the sale of $2,580,000 Taxable General Obligation Bonds, Series 2013B. 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 $2,580,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2013B, PROVIDING FOR THEIR ISSUANCE AND PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS AND NET REVENUES AND AUTHORIZING EXECUTION OF A PLEDGE AGREEMENT A. WHEREAS, the City Council of the City of Mound, Minnesota (the "City ") and the Housing and Redevelopment Authority of the City of Mound (the "Authority "), has heretofore created Development District No. 1 (the "Project Area "); and B. WHEREAS, the City and the Authority also heretofore established Tax Increment District No. 2 -1 as a redevelopment district within the Project Area (the "Tax Increment District ") under the provisions of Minnesota Statutes, Sections 469.174 through 469.179 and has approved a tax increment financing plan (the "Plan ") with respect to the Tax Increment District and the tax increments derived from the Tax Increment District are referred to herein as the "Tax Increments "; and C. WHEREAS, the City has heretofore issued $2,300,000 original principal amount of Taxable General Obligation Tax Increment Bonds, Series 2003C, dated July 1, 2003 (the 'Prior Bonds "); and D. WHEREAS, the City hereby determines and declares that it is necessary and expedient to provide moneys for a current refunding, on May 15,2013 (the 'Redemption Date ") of $1,485,000 aggregate principal amount of the Prior Bonds, which mature or are subject to mandatory redemption on and after February 1, 2016 (the 'Refunded Bonds "), at a price of par plus accrued interest, as provided in the resolution of the City Council duly adopted on May 29, 2003, authorizing the issuance of the Prior Bonds (the 'Prior Resolution "); and -825- 5375811vI E. WHEREAS, the refunding on the Redemption Date of the Refunded Bonds is consistent with covenants made with the holders thereof; and is necessary and desirable for the reduction of debt service cost to the City; and F. WHEREAS, the City owns and operates a municipal water utility system (the "Water System "), a sanitary sewer utility system (the "Sanitary 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 201113, dated May 5, 2011 (the "201113 Bonds ", and (viii) $ original principal amount, which is the "System Portion" of the General Obligation Bonds, Series 2012A, dated July 12, 2012 (the "2012 Bonds "), and (ix) $ original principal amount, which is the "System Portion" of the General Obligation Utility and Improvement Bonds, Series 2013A, dated May 2, 2013 (the "2013A Bonds" and together with the 2004B Bonds, the 2006B Bonds, the 2007B Bonds, the 2008C Bonds, the 2009B Bonds, the 2011A Bonds, the 201113 Bonds, and the 2012 Bonds, the "Outstanding System Bonds "); and G. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $2,580,000 Taxable General Obligation Bonds, Series 2013B (the 'Bonds" or individually, a 'Bond "), pursuant to Minnesota Statutes, Chapters 475 and 469 and Section 444.075, to finance improvements to the City's sanitary sewer system (the "System Improvements ") and to finance a current refunding of the Refunded Bonds (the 'Refunding ") within the City; and H. 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; I. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Manager, or designee, at the offices of Ehlers at 10:00 a.m. this same day pursuant to the Preliminary Official Statement dated March 28, 2013; and J. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and -826- 2 5375811 v1 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 May 2, 2013, 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 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 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 Refunding (the "Refunding 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' ): -827- 3 5375811v1 Refunding Portion System Portion Year (Amount) (Amount) Total Amount 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 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 tax increments pledged to the Prior Bonds, the prepayment shall be allocated to the Refunding Portion of debt service. If the source of a prepayment is excess net revenues of the Sanitary Sewer System pledged to the System Improvements, the prepayment shall be allocated to the System Portion of debt service. (c) Book Entry OnlySystem. 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 "). 537581 M Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any 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 "). -829- 5 5375811vI (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 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 Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are I 5375811v1 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, Refunding Findings. The Bonds shall provide funds for a current refunding of the Refunded Bonds (the 'Refunding "). If is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the City. The Refunding Portion of the Bonds shall provide funds to finance the Refunding and the System Portion of the Bonds shall provide funds to finance the System Improvements (the "System Improvements Project "). The total cost of the Refunding and the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 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 2024 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 -831- 7 5375811vI 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 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: -832- 8 5375811vI I UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND GENERAL OBLIGATION BOND, SERIES 2013A Interest Rate Maturity Date Date of Original Issue CUSIP % February 1, May 2, 2013 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 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. -833- 9 5375811v1 INCOME TAXATION PURPOSES. 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 $2,580,000, 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 April 9, 2013 (the "Resolution "), for the purpose of providing money to -834- 10 5375811v1 finance a current refunding of the Issuer's Taxable General Obligation Tax Increment Bonds, Series 2003C, dated July 1, 2003 which mature or are subject to mandatory redemption on and after February 1, 2016 and to finance improvements to the sanitary sewer system. This Bond is payable out of the Taxable General Obligation Bonds, Series 2013B 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 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. Taxable Interest. The interest on this Bond is included in the gross income of the owner hereof for purposes of United States income tax and to the same extent in both gross income and taxable net income for purposes of State of Minnesota income tax. 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 -835- 11 5375811x1 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 sanitary sewer system (the "Sanitary Sewer 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 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 Sanitary Sewer 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 Authorized Signature 5375811v1 Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Manager -836- 12 C ._D1TAKIN[elm 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 (Cost) (Minor) 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 and does hereby irrevocably constitute and appoint Bond on the books kept for the registration thereof, premises. Dated: Uniform the within Bond attorney to transfer the with full power of substitution in the Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- I5(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) -837- 13 5375817vl 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 53758110 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 May 2, 2013. 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. -839- 15 5375811vI 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 /Clerk/Treasurer 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 "Taxable General Obligation Bonds, Series 2013B Fund" (the "Fund ") to be administered and maintained by the Finance Director /Clerk/Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be S�1 5375811 v1 maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. The Operation and Maintenance Account heretofore established by the City 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 Account shall constitute or are referred to as "net revenues" until the System Portion of the Bonds and the Outstanding System 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 Sanitary Sewer System as hereinafter set forth. The Finance Director /Clerk/Treasurer of the City and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the Sanitary Sewer System in accordance with this resolution. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Payment Account. The proceeds of the Refunding Portion of the Bonds, shall be deposited in the Payment Account. On or prior to the Redemption Date, the Finance Director /Clerk/Treasurer shall transfer $ of Bond proceeds from the Payment Account to the paying agent for the Refunded Bonds, which sum is sufficient, together with other funds on deposit in the Debt Service Account for the Prior Bonds to pay the principal and interest due on the Refunded Bonds on the Redemption Date, including the principal of the Refunded Bonds called for redemption on the Redemption Date. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the Debt Service Account. (b) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the System Portion of the Bonds. From the Construction Account there shall be paid 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 collection of net revenues herein levied or covenanted to be levied. (c) Debt Service Account. There shall be maintained two separate subaccounts in the Debt Service Account to be designated the "Refunding 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) Refunding Debt Service Subaccount. To the Refunding Debt Service Subaccount there shall be credited: (A) any balance remaining after the Redemption Date in the Debt Service Account for the Prior Bonds created by the Prior Resolution; (B) any uncollected Available Tax Increments (as defined in the Tax Increment Pledge Agreement referenced in paragraph 16 hereof) which were heretofore pledged for the payment of the Refunded Bonds and are herein pledged to the -841- 17 5375811vI payment of the Refunding Portion of the Bonds in an amount sufficient, together with other sums herein pledged, to pay the annual principal and interest payments on the Refunding Portion of the Bonds; (C) any collections of all taxes which are herein levied for the payment of the Refunding Portion of the Bonds; (D) all funds remaining in the Payment Account after the Refunded Bonds have been paid or discharged; (E) all investment earnings on funds held in the Debt Service Account; and (F) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Refunding Debt Service Subaccount. The Refunding Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the 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. (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 Sanitary Sewer 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) any collections of all taxes which may hereafter be levied in the event that the net revenues of the Sanitary Sewer System and other funds herein pledged to the payment of the principal and interest on the System Portion of the Bonds are insufficient therefore; (C) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (D) all investment earnings on funds held in the System Improvements Project Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the 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 Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal 5375811x1 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 Refunding Portion of the Bonds. (a) Available Tax Increments• Tax Levy; Coverage Test. The City hereby pledges and appropriates the Available Tax Increments to the Refunding Debt Service Subaccount, which pledge and appropriation shall continue until the Refunding Portion of the Bonds are paid or discharged. To provide moneys for payment of the principal and interest on the 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: Levy Years Collection Years Amount See attached schedule The tax levies are such that if collected in full they, together with estimated collections of the Available Tax Increments and other revenues herein pledged for the payment of the 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 the Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of the 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 475.6 1, Subdivision 3. (b) Reservation of Rights. Notwithstanding any provisions herein to the contrary, the City reserves the right to terminate, reduce, or apply to other lawful purposes the Available Tax Increments herein pledged to the payment of the Refunding Portion of the Bonds and interest thereon to the extent and in the manner permitted by law. (c) Authorization to Execute Tax Increment Pledge Agreement. The Tax Increment Pledge Agreement (the "Pledge Agreement ") is hereby approved in substantially the form now on file in the office of the City; and the Mayor and Finance Director /Clerk/Treasurer of the City are authorized to execute the Pledge Agreement in the name of and on behalf of the City. In the event of the disability or the resignation or other absence of the Mayor or Finance Director /Clerk/Treasurer of the City, such other officers of the City who may act in their behalf shall without further act or authorization of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Pledge Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and by the City officials authorized herein to execute the Pledge Agreement prior to its execution; and said City officials are hereby authorized to approve said changes on behalf of the City. -843- 19 5375811v1 (d) Resolution of the Authority. The Authority will adopt a resolution authorizing execution of the Pledge Agreement. The City shall take such action as it determines is necessary to assure that the covenants of the Authority in the Pledge Agreement are fully and promptly performed; provided that in the exercise of any rights with respect thereto, the City shall be subject to the same standards and to the same rights applicable to the Authority under the covenants as if the City were the Authority. 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 Outstanding System Bonds and a sum at least five percent in excess thereof. The net revenues of the Sanitary Sewer System are hereby pledged for the payment of the System Portion of the Bonds. The net revenues of the Sanitary Sewer System are hereby pledged for the payment of the System Portion of the Bonds on a parity hen with the Outstanding System Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the System Portion 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 Sanitary Sewer 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 Sanitary Sewer 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 Sanitary Sewer 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 Sanitary Sewer 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. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Debt Service Account when a sufficient balance is available therein. 1 53758110 19. Prior Bonds; Security. 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. 20. Redemption of Refunded Bonds. The Refunded Bonds shall be redeemed and prepaid on the Redemption Date in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit A, which terms and conditions are hereby approved and incorporated herein by reference. 21. Supplemental Resolution. The Prior Resolution authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions hereof. 22. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 23. 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. -845- 21 5375811vt (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. 24. Taxable Status of the Bonds. The City does not qualify the Bonds as tax- exempt under the Internal Revenue Code of 1986, as amended. It is hereby determined that the Bonds are to be issued as fully taxable obligations, and all interest received on the Bonds is to be included in the gross income of the Holder of any Bond for federal income taxation purposes and, to the same extent, in both gross income and taxable net income for state income taxation purposes 25. 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. 26. 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. 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 KleinBank, Chaska, Minnesota, on the closing date for further distribution as directed by Ehlers. 28, Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. -846- 22 5375811vI 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. 847- 23 537581M STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting Clerk of the City of Mound, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $2,580,000 Taxable General Obligation Bonds, Series 2013B. WITNESS my hand on April _, 2013. Clerk 5375811v1 EXHIBIT A Proposals 5375811v1 �\Cj P � SQP,G \�F Emil 5375811v1 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 To: Honorable Mayor and City Council From: Carlton Moore, Public Works Director Correy Famiok, Police Chief Date: March 22, 2013 Subject: Request for the installation of stop signs on Grandview Blvd. Background The City has received a petition from the residents who live on Grandview Blvd. to place stop signs at the intersections of Grandview /Hillcrest, Grandview /Sunset Road, to install posted speed limit signs, caution signs, school signs and to limit the roadway to local traffic only. . Staff spoke with the initiator of the petition to determine the reasons for the resident's request. The residents on Grandview Blvd. have been seeing an increase use of this road as a "cut - through" to Commerce Blvd. Residents are concerned of the fast speed that some of these vehicles are traveling. Road usage is heavier during the morning and afternoon rush hour and prior to and after school hours. Grandview Blvd. is a narrow road with no sidewalks and residents feel unsafe with the speed of the traffic driving through the area as they walk along the side of the road. Residents agreed that they would prefer to see posted speed limit signs, installation of stop signs and other cautionary signs to reduce the speed of the vehicles using Grandview Blvd. The Public Works Director and the Police Chief have reviewed the request and looked at the conditions in the field. Staff would have no objection to the installation of stop signs at the intersection of Hillcrest and Grandview (3 way stop) and at Bellaire and Grandview (3 way stop). In speaking with Sgt. Beck he indicated that the area has been monitored for speed and that speed (30 mph) is not continuously being exceeded. The process to have a speed limit decreased creates potential issues and concerns for the city and neighborhood and is still difficult to enforce at a speed limit of 20 mph. School zone or reduce speed limit when children are present only solves the problem for a very limited amount of time. By placing stop signs and having it followed up with education and enforcement may resolve some of the issues. The road is a public street so limiting it to local traffic only is not an option. Recommendation Staff recommends the City Council to authorize the installation of the stop signs at the intersection of Grandview /Hillcrest and at Grandview /Bellaire, along with the warning signs that would accompany the stop signs at these intersections. Would also recommend a cautionary sign at the curve near the boat landing and attach a 15 mph speed sign with the curve sign. F-M March 6, 2013 RE: traffic concert along Grandview Blvd. We need your help to feel safer living along Grandview Blvd. While walking door -to -door with the attached petition, my neighbors expressed a similar theme, "Grandview is a speedway and someone is going to get hurt". On the evening of 8 Feb 2013, our property was damaged by a Tahoe SUV that, skid marks indicated, lost control at the corner approaching the public boat launch. The vehicle landed atop our landscaping, destroying approximately 10 feet of vegetation and lighting. No one was injured, but the high school driver was shaken. Had the landscaping not stopped the large vehicle's momentum, it would have continued into our garage building or collided with an enormous tree in our front yard. Both the driver of the vehicle (a Westonka high school senior) and her father stated (courteously) that they use Grandview Blvd. "all the time to avoid Commerce ". They live two miles west of Grandview Blvd. in Minnestrista, clearly among the non - neighborhood traffic. It is understood that upon receiving our requests, an investigation between Public Works and the Fire & Police Depts, will determine our outcome followed by a City Council review. Many of my neighbors are planning to be present at the council meeting when this problem /solution is determined and look forward to the opportunity to follow up regarding their phone calls to the police. I have also invited a local newspaper reporter to follow our situation and its outcome to share with the Mound community. Please notify me when you receive this packet as I would appreciate a contact person to be informed of the progress. Sincerely, E. A. Vandam -855- City of Mound Change of Service Petition Contact person's name Address 5r,?,ic, Gy- P,,,Avi,2LO �Iyck. 06u,,-c�� n-)O 5534 Phone No. Description of Request Cell No. i,42. 7�,UlVv2ib':Vd�'ii- s b hc:�• Y\.�1rn l.,,.rC.......i 4-o I/ 11-Y ADDRESS t1 '5(PRINT NAME SIGNATURE 14-, U'CV13 Iv-i f_',w y>IVc•\ H +s 59 <J7 u.- Cli/tC:zy &td n ' i`� Lrrvm t.9t ,ec4 k�l �Cf I efc -ti /ti?�G' V:t iDI 3 11 12 ,�5� 6'r-,Aovre`buo LL;uc- mllrst -cj 13 Z U�tk�(�UlC(� A�, 14 111111 �Iiix 1111111111 �111111111 11111 WARNING SIGNS to STOP AHEAD to curb speeding before reaching stops REGIIIN"JOR T.r SPEED LIMIT SIGRS on Grandview Blvd. reminding traffiIj to maintain posted speeds. public boat -857- • t • •l • -s r.• The neighbors who live along Grandview Blvd are: adults, kids /students, and pets struggling with traffic traveling at unsafe speeds • without benefit of sidewalks and who all deserve to feel safe while walking along their street (to catch a bus or walk to school, walking w /family and /or pets) • at risk from increased non - neighborhood traffic that uses Grandview Blvd. O31vd as a Commerce W. by -pass bordering a middle school campus and a public boat launch, both enjoyed by the community requesting road signs that will ✓ DECREASE traffic traveling above posted speed limits v' CURB non - neighborhood traffic •! INCREASE public safety Citizen statements include: Neighbors state they have called the police and shared concerns about speeding traffic. Neighbors who walk with their pets state feeling intimidated by speeding traffic and nearly being hit by those who are traveling too fast to be able to slow in time to see them. A senior citizen was seen driving at the appropriate speed while a vehicle behind him used intimidating tactics to include tailgating and honking. Neighbors with young children feel at increased risk to even allow a child to walk to retrieve mail or ride their bikes. CITY OF MOUND RESOLUTION NO. 13- RESOLUTION AUTHORIZING INSTALLATION OF STOP SIGNS ON GRANDVIEW BOULEVARD AS IT INTERSECTS WITH BELLAIRE LANE AND HILLCREST ROAD WHEREAS, residents who live on Grandview Boulevard have presented a petition requesting three -way stop signs at the intersections of Grandview /Hillcrest and Grandview /Sunset Road; and WHEREAS, the Public Works Director and the Orono Police Chief have determined that stop signs are warranted at the intersections of Grandview Boulevard and Bellaire Lane and Hillcrest Road due to increased speed and traffic concerns; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: To hereby authorize and direct the installation of three -way stop signs at the intersections of Grandview Boulevard and Bellaire Lane and Grandview Boulevard and Hillcrest Road. Adopted by the City Council this 9th day of April, 2013 Attest: Catherine Pausche, Clerk Mayor Mark Hanus 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D www•kennedy- graven.com MEMORANDUM TO: Mayor and City Council of the City of Mound FROM: Melissa Manderschied, City Attorney DATE: April 4, 2013 RE: Wolner Field Baseball The Independent School District #277 (Westonka) has been working with the Upper Tonka Little League to assume the administration and operation of youth baseball activities at Wolner Field. Wolner Field was deeded to the City in 1992 subject to, among other things, leases of record. There is one lease, as amended, of record between the previous owner of Wolner Field and Upper Tonka. Given Upper Tonka's desire to pass its youth baseball responsibilities onto the District, the District, City, and Upper Tonka decided to terminate the existing lease, as amended, and enter into a new lease between the City and the District. In 2006, the City executed a declaration imposing certain Minnehaha Creek Watershed District stormwater maintenance and operational requirements on the Wolner Field parking lot. While in the process of negotiating the terms of the new lease between the City and District, it was discovered that the 2006 declaration did not reflect the as -built conditions of the parking lot at Wolner Field — specifically, the 2006 declaration referred to the parking lot as porous asphalt when the parking lot was actually constructed of porous concrete. As such, this 2006 declaration needs to be revised to reflect the as-built conditions of the Wolner Field parking lot. At the April 9, 2013 council meeting, the Public Works Director, in consultation with the City Attorney, is requesting the following actions regarding Wolner Field: A. Terminate the Recreational Land Lease, as amended, between the City of Mound and the Upper Tonka Little League; B. Approve the Revised Declaration Regarding Stormwater Operation and Maintenance; and C. Approve the New Lease Agreement between the City of Mound and ISD # 277 (Westonka). The District approved the new lease agreement at its April 1, 2013 board meeting. -860 - 421577v2 MU220 -6 I CITY OF MOUND RESOLUTION RESOLUTION TERMINATING THE RECREATIONAL LAND LEASE, AS AMENDED, BETWEEN THE CITY OF MOUND AND THE UPPER TONKA LITTLE LEAGUE FOR THE WOLNER FIELD PROPERTY WHEREAS, on or about April 30, 1959 Mound Shopping Center, Inc. and Upper Tonka Little League, Inc. ( "Upper Tonka") entered into a year -by -year Recreational Land Lease (filed January 12, 1960 and registered as Doc. No. 617630 with the Registrar of Titles, Hennepin County, Minnesota) by which Mound Shopping Center, Inc. leased the following property to Upper Tonka for Little League and other recreational functions: The Southerly Three Hundred (300) feet of Block Four (4), Shirley Hills, Unit F, according to the recorded plat thereof on file and of record in the office of the Register of Titles in and for said County of Hennepin and State of Minnesota. ( "Property"); and WHEREAS, thereafter Mound Shopping Center, Inc. conveyed its interest in the Property to M.S.C. Properties Ltd., a Minnesota limited partnership ( "MSC "); and WHEREAS, on or about July 14, 1992, MSC conveyed the Property to the City of Mound ( "City ") subject to the Recreational Land Lease and restrictions of record, and said Lease was amended to provide that it would run for 99 years from the date of the amendment (filed July 30, 1992 and registered as Doc. Nos. 2284407 and 2284406 with the Registrar of Titles, Hennepin County, Minnesota) ( "Amended Lease"); and WHEREAS, Upper Tonka and the City desire to mutually terminate the Recreational Land Lease as amended by the Amended Lease as further set forth and incorporated herein as Exhibit A; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound directs the City Manager, the City Public Works Director, and the City Attorney to undertake all necessary and appropriate steps to terminate the Recreational Land Lease as amended by the Amended Lease. Passed by the City Council this 9th day of April, 2013 Mayor Mark Hanus Attest: Catherine Pausche, Clerk -861 - 421550vi MJM MU220 -6 i ExhibitA Box No. 198 Torrens C/T 779422 NOTICE OF MUTUAL LEASE TERMINATION TO: The Registrar of Titles for Hennepin County NOTICE IS HEREBY GIVEN that the City of Mound and the Upper Tonka Little League, Inc., have mutually agreed to terminate the Recreational Land Lease between the parties for the property located in the County of Hennepin, State of Minnesota described as: The Southerly 300 feet of Block 4, Shirley Hills, Unit F, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County ( "Property") as set forth in that certain instrument dated April 30, 1959, filed January 12, 1960, and registered as Document No. 617630 and thereafter amended by July 14, 1992, filed July 21, 1992, and registered as Document No. 2284406 and by that certain Warranty Deed dated July 14, 1992, filed July 21, 1992, and registered as Document No. 2284407 which conveyed the Property to the City of Mound subject to, inter alia, leases of record. The mutual termination of said agreement is attached hereto and incorporated herein as Exhibit A. No state deed tax is due the State of Minnesota on this instrument. -862 - 420542v2 MJM MU220 -6 1 Dated: April _, 2013 CITY OF MOUND By Kandis Hanson Its City Manager Subscribed to and sworn before me this th day of April, 2013. Notary Public This instrument was drafted by: Kennedy & Graven, Chartered 470 U. S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 -863- 420542x2 MJM MU220 -6 2 Exhibit A TERMINATION OF LEASE AGREEMENT This Termination of Lease Agreement is entered into effective this 9th day of April, 2013, by and between Upper Tonka Little League, Inc., a Minnesota corporation ( "Upper Tonka") and the City of Mound, a Minnesota municipal corporation ( "City"). RECITALS WHEREAS, on or about April 30, 1959 Mound Shopping Center, Inc. and Upper Tonka entered into a year -by -year Recreational Land Lease (filed January 12, 1960 and registered as Doc. No. 617630 with the Registrar of Titles, Hennepin County, Minnesota) by which Mound Shopping Center, Inc. leased the following property to Upper Tonka for Little League and other recreational functions: The Southerly Three Hundred (300) feet of Block Four (4), Shirley Hills, Unit F, according to the recorded plat thereof on file and of record in the office of the Register of Titles in and for said County of Hennepin and State of Minnesota. ( "Property"); and WHEREAS, thereafter Mound Shopping Center, Inc. conveyed its interest in the Property to M.S.C. Properties Ltd., a Minnesota limited partnership ( "MSC "); and WHEREAS, on or about July 14, 1992, MSC conveyed the Property to the City subject to the Recreational Land Lease and other restrictions of record, and said Recreational Land Lease was amended to provide that it would run for 99 years from the date of the amendment (filed July 30, 1992 and registered as Doc. Nos. 2284407 and 2284406 with the Registrar of Titles, Hennepin County, Minnesota) ( "Amended Lease "); and -864 - 421566v1 MUM MU220 -6 WHEREAS, the City and Upper Tonka have mutually agreed to terminate the Recreational Land Lease as amended by the Amended Lease; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereto agree as follows: 1. Termination. The Recreational Land Lease as amended by the Amended Lease is hereby terminated and of no effect as of April 9, 2013, and neither party shall have any further liability thereunder. 2. Mutual Release. Upper Tonka hereby releases and discharges the City, its officers, directors, employees, and agents from all liability and causes of action arising out of or relating to the Recreational Land Lease and Amended Lease or the Property. The City hereby releases and discharges Upper Tonka from all liability and cause of action arising out of or relating to the Recreational Land Lease and Amended Lease or the Property. IN WITNESS WHEREOF, the above -named parties executed the foregoing instrument to be effective as of the day and year first above written. -865 - 421566v1 MJM MU220 -6 IN WITNESS WHEREOF, the above -named parties executed the foregoing instrument to be effective as of the day and year first above written. CITY OF MOUND I By Mark Harms Kandis Hanson Its Mayor Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged b e f o r e me this day of , 20_, by Mark Harms, the Mayor of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 20, by Kandis Hanson, the City Manager of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public -866 - 421566v1 MJM MU220 -6 UPPER TONKA LITTLE LEAGUE, INC. Mike Hoh Its STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of April, 2013, by Mike Hoh, the of Upper Tonka Little League, Inc., on behalf of the corporation. THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 -867 - 421566A MJM MU220 -6 CITY OF MOUND RESOLUTION RESOLUTION APPROVING DECLARATION REGARDING STORMWATER OPERATION AND MAINTENANCE AT THE WOLNER FIELD PROPERTY WHEREAS, on or about July 14, 1992, M.S.C. Properties Ltd., a Minnesota limited partnership ( "MSC') conveyed the following property to the City of Mound ( "City ") subject to leases and other restrictions of record: The Southerly Three Hundred (300) feet of Block Four (4), Shirley Hills, Unit F, according to the recorded plat thereof on file and of record in the office of the Register of Titles in and for said County of Hennepin and State of Minnesota. ( "Properly "); and WHEREAS, on September 14, 2006, the City executed a declaration subjecting the Property to certain stormwater maintenance and operational requirements imposed by the Minnehaha Creek Watershed District as further set forth and incorporated herein as Exhibit A ( "Declaration "); and WHEREAS, thereafter the City determined that the Declaration provided for the maintenance and operation of a porous asphalt parking lot; however the parking lot on the Property is constructed of concrete so many of the requirements of the Declaration are inapplicable to the as- built conditions; and WHEREAS, the City seeks to revise the Declaration to reflect the as -built conditions on the Property and has communicated its desire to revise the Declaration to the Minnehaha Creek Watershed District as further set forth and incorporated herein as Exhibit B ( "Revised Declaration "); and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound hereby approves the Revised Declaration. Passed by the City Council this 9" day of April, 2013. Mayor Mark Hanus Attest: Catherine Pausche, Clerk -868- 421561 v2 MJM MU220 -6 I Exhibit A THIS DECLARATION ( "Declaration ") is made this 1 q" day of �FY'&'it1e . 2006, by City of Mound, ( "Declarant"). WHEREAS, Declarant is the owner of real property within the City of Mound, Hennepin County, Minnesota, platted and legally described as: South 340 feet of Block 4 Shirley Hills Unit F (the "Property ") and no one other than Declarant, has any right, title or interest in the Property, and WHEREAS, Declarant desires to subject the Property to certain conditions and restrictions imposed by the Mirmehaha Creek Watershed District as a condition of a project for the mutual benefit of the owners of the Property. NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this Declaration shalt constitute covenants to run with the Property in perpetuity, and further declares that the Property shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives, and assigns. 1, Stormwater Facility Maintenance. The terms of Attachment B, incorporated herein, shall apply to the stormwater management facilities indicated on the site plan for the Property attached hereto and incorporated herein as on Attachment A, identified as follows: Porous Asphalt Parking Lot -869- 1 The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. SPATE OF MINNESOTA) }ss. COUNTY OF ) DECLARANT: By: city of Mound, Mayor The foregoing instrum t was agknowiedged before me this 1gTVday of � 2006 by ME Al0iS 01 �� No Public 1 e.x_�s.Mn +r,.+ i� t � !+' wit ern�!,.u„iar. L.4rrYr ►Trnz�' � Operation and Maintenance Plan Wolner Field Porous Asphalt Parking Lot Mound, NN I. The porous asphalt parking lot is intended to be high performing from a water quality standpoint and generally requires more maintenance compared to typical stormwater ponds. Not performing regular maintenance may cause the aggregate storage bed below the asphalt surface to become overloaded and not function as designed. 2. The MCWD shall inspect the parking lot twice per month for 3 months following construction and at least annually thereafter, inspections should be conducted after large storms to check for surface ponding that might indicate local or widespread clogging. 3. The city of Mound shall perform annual inspections of the draintile outlet and erosion of side slopes. 4. The City of Mound shall remove trash, debris and repair eroded slopes. 5. The City of Mound shall arrange for the porous pavement surface to be vacuum swept at least three times per year, followed by high - pressure jet hosing to keep the asphalt pores open, b, drilling half -inch holes through the porours asphalt layer every few feet can relieve spot clogging of the porous pavement layer. In cases where clogging occurs in a low spot in the pavement, it may be advisable to install a drop inlet to route water into the aggregate sub -base. 7. Potholes and cracks can be repaired using conventional, non - porous patching mixes as long as the cumulative area repaired does not exceed 10% of the parking lot area. $, de- icing: do not use salt because chloride contamination of groundwater and soil may occur. do not use sand or ash because they may cause clogging of the pavement. 9. Annual inspection and maintenance reports must identify the results of annual inspections and maintenance required and/or performed. 16, The City of Mound shalt utilize qualified professionals to complete or supervise all maintenance activities: • A licensed contractor or qualified staff shall perform all maintenance to the parking lot • City of Mound staff is to coordinate and report all maintenance activities. -872- Exhibit B DECLARATION THIS DECLARATION ( "Declaration") is made this _ day of April, 2013, by City of Mound ( "Declarant"). RECITALS WHEREAS, Declarant is the owner of real property within the City of Mound, Hennepin County, Minnesota, platted and legally described as: South 300 feet of Block 4 Shirley Hills Unit F (the "Property") and no one other than Declarant, has any right, title or interest in the Property other than those of record; and WHEREAS, Declarant desires to subject the Property to certain conditions and restrictions imposed by the Minnehaha Creek Watershed District as a condition of a project for the mutual benefit of the owners of the Property; and WHEREAS, on September 14, 2006, the Declarant executed a declaration subjecting the Property to certain stormwater maintenance and operational requirements imposed by the Minnehaha Creek Watershed District that indicated that the parking lot at the Property was porous asphalt; however the parking lot surface was constructed using porous concrete; and WHEREAS, the Declarant and the Minnehaha Creek Watershed District desire to execute a revised declaration that replaces the September 14, 2006 declaration in its entirety and replace it with this Declaration so as to reflect the as -built condition of the parking lot on the Property and the stormwater maintenance and operational requirements arising therefrom; and NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this Declaration shall constitute covenants to run with the Property in perpetuity, and further declares that the Property shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right, title, or interest in the Property, and their heirs, successors, personal representatives, and assigns. -873- I . Stormwater Facility Maintenance. The terms of Attachment B, incorporated herein, shall apply to the stormwater management facilities indicated on the site plan for the Property attached hereto and incorporated herein as on Attachment A, identified as follows: Porous Asphalt ( "Parking Lot") The Parking Lot is porous concrete, not porous asphalt. The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF, the undersigned has executed this instrument on behalf of the Declarant. DECLARANT: By: Mark Harms City of Mound, Mayor By: Kandis Hanson City of Mound, City Manager State of Minnesota ) )ss. County of Hennepin ) The foregoing instrument was acknowledged before me this day of , 2013 by Mark Harms, Mayor of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public State of Minnesota ) )ss. County of Hennepin ) The foregoing instrument was acknowledged before me this _ day of , 2013 by Kandis Hanson, City Manager of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public NMI This instrument was drafted by: Kennedy & Graven, Chartered Suite 470 200 South Sixth Street Minneapolis, Minnesota 55402 -875- AttounmentA �1 I: � Y pp i t I (1 t. E I t i ti i t{ y��r 8�f wuw •ram m6 oamsO im yst$NWX Er k11ERFL4 MIMT gory t 876 j ATTACHMENT B Operation and Maintenance Plan for Parking Lot Wolner Field, Mound MN L The porous concrete parking lot is intended to be high performing from a water quality standpoint and generally requires more maintenance compared to typical stormwater ponds. Not performing regular maintenance may case the aggregate storage bed below the concrete to become overloaded and not function as designed. 2. The Minnehaha Creek Watershed District shall inspect the Parking Lot at least annually. Minnehaha Creek Watershed District inspections should be conducted after large storms to check for surface pending that might indicate local or widespread clogging. 3. The City of Mound shall perform annual inspections of the draintile outlet and erosion of side slopes. 4. The City of Mound shall remove trash, debris, and repair eroded slopes. 5. The City of Mound shall arrange for the porous concrete parking lot pavement surface to be vacuum swept at least three times per year, followed by a high - pressure jet hosing to keep the concrete pores open. 6. Drilling half -inch holes through the porous concrete layers every few feet can relieve spot clogging of the porous pavement layer. In cases where clogging occurs in a low spot in the pavement, it may be advisable to install a drop inlet to route water into the aggregate sub- base. 7. Potholes and cracks can be repaired using conventional, non - porous patching mixes as long as the cumulative area repaired does not exceed 10% of the parking lot area. 8. De- icing: do not use salt because chloride contamination of groundwater and soil may occur. Do not use sand or ash because they may cause clogging of the pavement. 9. Annual inspection and maintenance must identify the results of annual inspections and maintenance required and/or performed. 10. The City of Mound shall utilize qualified professionals to complete or supervise all maintenance activities: • A licensed contractor or qualified staff person shall perform all maintenance to the parking lot. • City of Mound staff is to coordinate and report all maintenance activities. -877- CITY OF MOUND RESOLUTION RESOLUTION APPROVING LEASE AGREEMENT BETWEEN THE CITY OF MOUND AND ISD # 277 (WESTONKA) FOR THE WOLNER FIELD PROPERTY WHEREAS, on or about April 30, 1959 Mound Shopping Center, Inc. and Upper Tonka Little League, hie. ( "Upper Tonka") entered into a year -by -year Recreational Land Lease (filed January 12, 1960 and registered as Doc. No. 617630 with the Registrar of Titles, Hennepin County, Minnesota) by which Mound Shopping Center, Inc. leased the following property to Upper Tonka for Little League and other recreational functions: The Southerly Three Hundred (300) feet of Block Four (4), Shirley Hills, Unit F, according to the recorded plat thereof on file and of record in the office of the Register of Titles in and for said County of Hennepin and State of Minnesota. ( "Property"); and WHEREAS, thereafter Mound Shopping Center, Inc. conveyed its interest in the Property to M.S.C. Properties Ltd., a Minnesota limited partnership ( "MSC "); and WHEREAS, on or about July 14, 1992, MSC conveyed the Property to the City of Mound ( "City") subject to the Recreational Land Lease and restrictions of record, and said Lease was amended to provide that it would run for 99 years from the date of the amendment (filed July 30, 1992 and registered as Doc. Nos. 2284407 and 2284406 with the Registrar of Titles, Hennepin County, Minnesota) ( "Amended Lease "); and WHEREAS, by mutual agreement of the City and Upper Tonka the City and Upper Tonka terminated said Recreational Land Lease as amended by the Amended Lease effective as of April 8, 2013, as further set forth in Resolution ; and WHEREAS, on September 14, 2006, the City executed a declaration subjecting the Property to certain stormwater maintenance and operational requirements imposed by the Minnehaha Creek Watershed District ( "Declaration "), City seeks to revise the Declaration to reflect the as -built conditions on the Property and has communicated its desire to revise the Declaration to the Minnehaha Creek Watershed District, and the City Council has directed the City Manager, the City Public Works Director, and the City Attorney to undertake all necessary and appropriate steps to revise the Declaration to reflect the as -built conditions of the Property as further set forth in Resolution ; and WHEREAS, the City has provided the Independent School District #277 ( "Westonka ") with a copy of the Declaration and indicated the City's desire to revise the Declaration; Westonka desires to assume certain City's responsibilities as set forth in the Declaration, and the City desires that Westonka assume certain City responsibilities in the Declaration; and -878- 421562x] MIMMU220 -6 1 WHEREAS, the City has determined that it is in the best interests of the public for the future use of the Property for baseball and other recreational functions to occur by leasing the Property to the Westonka, through its Community Education Program, subject to the Declaration and to the terms and conditions of the lease set forth and herein incorporated as Exhibit A ( "Lease "); and WHEREAS, Westonka approved the Lease on April 1, 2012; and WHEREAS, Westonka and the City agree to amend the Lease at a future time pursuant to the terms of the Lease if necessary to address revisions of the Declaration; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound that: 1. The recitals set forth above are incorporated as if restated herein; and 2. The Lease between Westonka and the City for the Property is hereby approved; and 3. The City Manager, City Public Works Director, and City Attorney are hereby directed to undertake all necessary and appropriate steps to prepare the Lease for execution by the Mayor and City Manager and to provide a copy of the same to Westonka. Passed by the City Council this 9" day of April 2013. Mayor Mark Hanus Catherine Pausche, Clerk -879 - 421562v1 NUM MU220 -6 2 Exhibit A LEASE AGREEMENT This Lease Agreement ( "Agreement') is made this day of April, 2013 by and between the City of Mound, a Minnesota municipal corporation, with its principal office at 5341 Maywood Road, Mound, Minnesota 55364 ( "City "), and Independent School District No. 277, Minnetrista, Minnesota, with its principal office at Westonka Public Schools, Community Education and Services, 5901 Sunnyfield Road East, Minnetrista Minnesota 55364 ( "District'). RECITALS WHEREAS, on or about April 30, 1959 Mound Shopping Center, hic. and Upper Tonka Little League, Inc. ( "Upper Tonka") entered into a year -by -year Recreational Land Lease (filed January 12, 1960 and registered as Doc. No. 617630 with the Registrar of Titles, Hennepin County, Minnesota) by which Mound Shopping Center, Inc. leased the following property to Upper Tonka for Little League and other recreational functions: The Southerly Three Hundred (300) feet of Block Four (4), Shirley Hills, Unit F, according to the recorded plat thereof on file and of record in the office of the Register of Titles in and for said County of Hennepin and State of Minnesota. ( "Property "); and WHEREAS, thereafter Mound Shopping Center, Inc. conveyed its interest in the Property to M.S.C. Properties Ltd., a Minnesota limited partnership ( "MSC "); and WHEREAS, on or about July 14, 1992, MSC conveyed the Property to the City subject to the Recreational Land Lease and restrictions of record, and said Lease was amended to provide that it would run for 99 years from the date of the amendment (filed July 30, 1992 and registered as Doc. Nos. 2284407 and 2284406 with the Registrar of Titles, Hennepin County, Minnesota) ( "Amended Lease "); and WHEREAS, on April 9, 2013, the City terminated said Recreational Land Lease as amended and filed a notice of said termination (filed and registered as Doc. No. with the Registrar of Titles, Hennepin County, Minnesota); and :il WHEREAS, the Property is subject to a Declaration for stormwater maintenance and operation (filed and registered as Doc. No. with the Registrar of Titles, Hennepin County, Minnesota) ( "Declaration ") and the District agrees to assume the City's responsibilities as set forth in Attachment B to said Declaration except #5, and those further defined in this Agreement; and WHEREAS, the City has determined that it is in the best interests of the public for the future use of the Property for baseball and other recreational functions to occur by leasing the Property to the District, through its Community Education Program, subject to the Declaration and to the terms and conditions of this Lease; and NOW, THEREFORE, based on the mutual promises and consideration provided for herein, the sufficiency of which is not disputed, the parties agree as follows: 1. The recitals set forth above are expressly incorporated herein. 2. PROPERTY. The City owns certain real property legally described herein as the Property. The City hereby leases the Property to the District for baseball and other recreational functions subject to the Declaration of record and terms and conditions of this Agreement. 3. TERM. The term of this Agreement shall begin on April 15, 2013 and subject to the terms of the Termination paragraph herein, shall end on December 31, 2023. 4. RENT. The annual rent shall be $1.00 per year. The District shall pay the City the annual rent on April 1 of each year. The District shall timely pay all real property taxes (if any) and assessments against the Property. 5. USE. a. General. The District may use the Property for the purpose of providing baseball and other recreational activities. b. Access to the Property. The District shall have the right to access the Property twenty - four (24) hours per day, seven (7) days per week. The District shall be fully liable for any and all loss, damage or claim associated with its use of the Property. 6. FACILITIES. The District shall reasonably and safely maintain and repair all existing improvements to the Property, including but not limited to the dugouts, bleachers, fencing, backstops, all buildings, and irrigation system ("Recreational Facilities "), on the Property at its own expense. The District may construct additional improvements on the Property with the prior written consent and approval of the City ("Additional mprovements"). Upon termination of this Agreement, all Recreational Facilities and Additional Improvements become the property of the City. 7. UTILITIES & GARBAGE REMOVAL. Payment of the garbage removal services and utilities that serve the Property shall be the sole responsibility of the District The District shall be solely responsible for maintaining sufficient garbage removal services. :: 8. DECLARATION. The parties agree that the Property is a subject to a Declaration regarding stormwater maintenance and operation conditions and restrictions imposed by the Minnehaha Creek Watershed District. The District agrees to assume the City of Mound's responsibilities except #5 as set forth in Attachment B of said Declaration, which is incorporated and attached as Exhibit A to this Agreement. 9. INSURANCE. a. Indemnity. 1. The District shall defend and indemnify the City and hold the City harmless from and against any and all claims and demands relating to the negligence or misconduct of the District, its agents, contractors, officials and employees, including the payment of reasonable attorneys' fees and costs for damages to property and injury or death to persons, including any payments made under any workers' compensation law or any plan for employees' disability and death benefits, which may arise out of any activities on the Property. 2. The City shall defend and indemnify the District and hold the District harmless from and against any and all claims and demands relating to the negligence or misconduct of the City, its agents, contractors, officials and employees, including the payment of reasonable attorneys' fees and costs for damages to property and injury or death to persons, including any payments made under any workers' compensation law or any plan for employees' disability and death benefits, which may arise out of any activities on the Property. 3. Nothing in this section shall be construed as a waiver of any liability limits or immunities contained in Minnesota Statutes, Chapter 466. b. Worker's Compensation. The District must maintain workers' compensation insurance in compliance with all applicable statutes. c. General Liability. The parties must maintain Commercial General Liability insurance with limits of at least $1,500,000 per occurrence. Such coverage shall provide for third parry bodily injury and property damage arising out of the insured's use, maintenance, or operation of the Property. d. Property Insurance. The District must keep in force during the term of the Agreement a policy covering damages to any equipment the District keeps on the Property. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. e. Additional Insured & Certificate of Insurance. The parties shall provide each other with evidence of the required insurance in the form of a Certificate of insurance by a company licensed to do business in the state of Minnesota, which includes all coverage required in this Agreement. The parties shall name each other as an Additional Insured on their respective Commercial General Liability Policies. The Certificate shall provide that the coverage may not be canceled without thirty (30) days prior written notice to each other. f. Casualty. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or other casualty. 10. TERMINATION. Either party to this Agreement may terminate this Agreement with or without cause upon twelve (12) months written notice to the other party. In the event that this Agreement is terminated or not renewed, the District shall have ninety (90) days from the termination or expiration date to remove its equipment from the Property. In the event the District's equipment is not removed to the reasonable satisfaction of the City, the equipment shall be deemed abandoned and become the property of the City. 11. PROGRAMMING OF THE RECREATIONAL FACILITIES. The District shall be solely responsible for administering the use and any programs or activities on the Property. The District further agrees to conduct a background check on each District staff member and volunteer (both paid and unpaid) that works directly with children under the age of 18 and as further required by Minnesota Statutes, Section 12313.03. All background checks must be completed by the District prior to that staff member or volunteer being permitted to work directly with any child under the age of 18. The District agrees to require that each coach must have completed a concussion training within the last three (3) years that meets the Center for Disease Control's standards and the requirements of Minnesota Statutes, Section 121A.37. Proof that background checks have been conducted by the District and that concussion training has been completed must be provided to the City upon the request of the City and in the format requested by the City. The District shall hold the City harmless from, defend and indemnify the City against any damage, loss, expense, costs, or liability, including consultant fees and attorneys' fees resulting from the District's failure to conduct background checks or require concussion training as required by this Section. 12. HAZARDOUS SUBSTANCES. The District represents and warrants that hazardous substances will not be generated, stored, disposed of or transported to, on, under, or around the Property by the District. The District shall hold City harmless from, defend and indemnify City against any damage, loss, expense, response costs, or liability, including consultant fees and attorneys' fees resulting from hazardous substances generated, stored, disposed of, or transported to, on, under, or around the Property by the District, or its officials, employees, agents or contractors. 13. RELATIONSHIP OF THE PARTIES. This Agreement shall not render the District an employee, partner, co- owner, or agent of the City or engaged in a joint venture with the City for any purpose. The District shall have no claim against the City for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employment benefits of any kind. The District will be responsible for the hiring, training, supervision and conduct of any staff or volunteers utilized in the District's recreational activities on the Property. :: 14. COMPLIANCE WITH LAWS, REGULATIONS, AND POLICIES. The District shall abide by all federal, state, and local laws and regulations. The District agrees not to discriminate on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. 15. DATA PRACTICES. The parties acknowledge that each is subject to the Minnesota Government Data Practices Act (Minnesota Statutes, Chapter, "the Act "), and that the data and information provided pursuant to this Agreement shall be maintained and administered in accordance with the Act. The parties will immediately report to each other any requests from third parties for information relating to this Agreement. The parties agree to promptly respond to each other's inquiries concerning data requests. The parties agree to hold each other harmless from any claims resulting from the unlawful disclosure or use of data protected under state and federal laws. 16. MISCELLANEOUS. a. Integration; Amendment. This Agreement supersedes all prior discussions and negotiations and contains all agreements and understandings between the City and the District. This Agreement may only be amended in writing signed by all parties. All Exhibits are incorporated into this Agreement by reference. b. Counterparts. This Agreement may be signed in counterparts by the parties hereto. c. No Assignment. The District shall not assign or transfer this Agreement at any time or sublease a portion of the Property without the City's prior written consent. The City may assign this Agreement upon written notice to the District. d. Notice. Notices shall be in writing and sent by United States Mail, postage prepaid, certified or registered with return receipt requested or by courier service to the address set forth in this Agreement. e. Governing Law. This Agreement shall be construed in accordance with the laws of Minnesota. f. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Signature Authority. Each party represents and warrants to the other that the signatory of that party is authorized to enter into this Agreement for and on behalf of that party. h. Waiver. No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. All waivers must be in writing and signed by the party waiving its rights. IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the day and year first written above. CITY OF MOUND By Mark Harms Its Mayor STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) By Kandis Hanson Its City Manager' The foregoing instrument was acknowledged before me this day of 20 , by Mark Hanus, the Mayor of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of - , 20_, by Kandis Hanson, the City Manager of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public :: INDEPENDENT SCHOOL DISTRICT NO. 277, MINNETRISTA, MINNESOTA Its STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Im Its The foregoing instrument was acknowledged before me this day of , 20_, by , the of Independent School District No. 277, Minnetrista, Minnesota, on behalf of the District. STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20_, by , the of Independent School District No. 277, Minnetrista, Minnesota, on behalf of the District. THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 4208560 M!M MU220 -6 : i MINUTES MARCH 5, 1 ROLL CALL Members present: Chair Stephen Ward; Commissioners Jeffrey Bergquist, Douglas Gawtry, David Goode, George Linkert, Cindy Penner, Kelvin Retterath, Pete Wiechert and Councilmember Mark Wegscheid. Absent: none. Staff present: Community Development Director Sarah Smith, Planning Commission Secretary Jill Norlander and City Manager Kandis Hanson. Others present: Larry McCall, 5346 Piper Rd; Darren Kahmeyer, 1571 Finch La. OATH OF OFFICE City Manager Kandis Hanson administered the oath to Council Member Mark Wegscheid. She also took questions and comments from the commission. IT77 %I�I�Td4-aga ikIaF- ,l0u1Til4cl�7�il�i!Y' 1 Retterath requests a couple of minutes in Old /New Business. MOTION by Ward, second by Linkert, to approve the requested amendment. MOTION carried unanimously. MOTION by Ward, second by Linkert, to approve the agenda as amended. MOTION carried unanimously. APPROVE MEETING MINUTES FOR JANUARY 15 2013 AND FEBRUARY 11 2013 MOTION by Goode, second by Penner, to approve the minutes for January 15, 2013. MOTION carried unanimously. MOTION by Gawtry, second by Penner, to approve the minutes for February 11, 2013. MOTION carried unanimously. Bergquist and Ward abstained. :: BOARD OF APPEALS A. Review of Expansion Permit /Variance Application —Garage Remodel /Addition 5346 Piper Road Applicant: Larry McCall Smith explained that the expansion permit is being requested to enable the replacement of the existing roof with a new gambrel roof on the detached garage to allow hobby space. The existing garage is nonconforming due to a deficient front setback. A variance is being requested as the height of the proposed garage will be higher than the existing house, which is currently not allowed by code. Smith presented updated building height information for the house and garage following preparation of the Planning Report and went over the information with the Commission. Staff recommends approval with conditions. Ward asked which variance criteria were being met. She indicated that, at a minimum, Code Section 129 -39 (a) (1), (4), and (5) were being met. Larry McCall (applicant) —the gambrel roof gives him adequate work space without excessive height. Retterath felt the applicant did a good job at designing a work space. He supports the project. Ward asked if Retterath agreed that requirement (1) was being met. Retterath felt that (5) was more appropriate. MOTION by Linkert, second by Wiechert, to approve the expansion permit and variance with conditions as recommended by Staff. MOTION carried unanimously. B. Review of Variance Application — House Addition 1571 Finch Lane Applicant: Darren Kahmeyer Smith introduced the application. The applicant has requested a 15 foot front yard setback variance. It is proposed to remove the existing, attached garage and replace it with a new garage with upper floor living space that will be accessed from the house. The existing front - loaded garage is non - conforming, located only 10 feet from the street. The proposed garage and living area is to be located 5 feet from the property line. However, it will be side - loaded instead of front - loaded allowing a driveway that better accommodates off - street parking and improves safety. Hardcover will be improved with the project. Staff recommends approval with conditions. Ward felt that the proposal met most of the criteria in City Code Section 129 -39 (a). Discussion took place about criteria included in the Planning Reports and the City Code which were not consistent. . Smith also inquired about remodeling activities within the house. Retterath said that the oversized garage bothers him and that the applicant is asking for more than the minimum. Bergquist requested clarification of the front setback requirement. Smith indicated that it is 20 feet by code. Gawtry brought up the obstructed view. The applicant said that because the garage is turned from its present location it doesn't impact views of the neighbors significantly. Retterath can't support the plan because of the excessive storage and garage space. Linkert appreciates that the parking situation will be improved, however this is not the minimum variance required to alleviate the hardship. Penner feels that it's a reasonable use of his property. Goode asked Retterath how he would cure the situation. Retterath would end the addition at the end of the garage section bringing the building 2 feet farther from the front setback line. MOTION by Ward, second by Linkert, to table the request for further consultation with Staff. MOTION carried unanimously. OLD /NEW BUSINESS A. Staff /Council Liaison Updates B. Discussion of upcoming meeting schedule - extra meeting for the Finch case, if needed. C. Planning Commissioner training session D. Retterath — would like to discuss in a June meeting: building height ordinance; discussion on hardcover; due to changing demographics - add clause in the zoning for in -law apartments. ADJOURNMENT MOTION by Ward, second by Gawtry, to adjourn at 8:50 p.m. MOTION carried unanimously. Submitted by Jill Norlander MINUTES MARCH 19,2013 ROLL CALL Members present: Chair Stephen Ward; Commissioners Jeffrey Bergquist, David Goode, George Linkert, Cindy Penner, Kelvin Retterath and Councilmember Mark Wegscheid. Absent: Wiechert and Gawtry. Staff present: Community Development Director Sarah Smith, Planning Commission Secretary Jill Norlander and Planning Consultant Rita Trapp. Others present: Larry McCall, 5346 Piper Rd; Mike Behr, Behr Design. BOARD OF APPEALS A. Review of Expansion Permit /Variance Application —Garage Remodel /Addition 5346 Piper Road Applicant: Larry McCall Smith reviewed the case as presented in the previous meeting. Although the expansion permit and the variance were both recommended for approval at the last Planning Commission meeting, the variance criteria included in the Planning Report was not the current criteria from City Code so Staff brought the applications to this meeting for additional consideration and evaluation using the correct criteria. Staff explained that the motion from the March 5th meeting could either be rescinded or amended. MOTION by Ward, second by Penner, to amend the previous motion to reference the correct variance criteria. MOTION carried unanimously. B. Review of Variance Application —House Addition 1571 Finch Lane Applicant: Darren Kahmeyer Trapp reviewed the proposed addition in detail. Retterath asked if there was any criteria for grading discussed. Smith said the grading and alteration will be addressed with the building permit. They will also be required to pull an erosion control permit from the MCWD. Linkert was concerned about the size of the garage. He likes the overall design plan but would like to know the deciding factors in the size of the garage. Mike Behr (Behr Design, 3496 220th St, Jordan, MN) responded that there were not a lot of areas for parking. They were trying to create more guest parking. The additional 25 foot width was needed to make room for the house entryway and the added depth of the garage is to allow room for the interior stairway to the lower level. Ceiling height of 8' for the lower garage was confirmed. Linkert finds it a good design, an improvement to the exterior, and a nice master bedroom addition. To shorten the garage by a foot wouldn't improve the roadside setback significantly. Retterath, after surveying the neighborhood, disputed that the 3 car garage is the norm. This is a two level garage with 4 stalls. The expansion request is a no- brainer. The 'skew' of the property is a factor, but, even if the house was squared with the lot, this garage would still be more than the buildable area would allow. He felt that criteria #2 and #3 weren't met. The street is 7 feet from the corner of the proposed building. He is strongly opposed because of the size of the garage. It's too close to the property line. Bergquist left the Planning Commission meeting at 7:42. Goode said this community has a wide variety of ages of housing stock. The fact that there aren't many 3 car garages in the neighborhood doesn't reflect on current garage standards. MOTION by Ward, second by Linkert, to approve the expansion permit with conditions 1 -12 in the Planning Report dated March 1, 2013. MOTION carried unanimously. MOTION by Ward, second by Retterath, to deny the variance request. Voting for: Ward, Penner, Retterath and Goode; Voting against: Linkert and Wegscheid Goode asked the Chair to change the order to: motion, second, open for discussion, and vote. He also asked what he thought the cure would be for this property. Ward said that his obligation isn't to recommend a cure; however, he thought the project should be brought more into scope with the property. Retterath added that the cure would be a standard garage size 24 x 24 or 26; the master suite would still be generous. ADJOURNMENT MOTION by Ward, second by Goode, to adjourn at 8:00 p.m. MOTION carried unanimously. Submitted by Jill Norlander :• Orono Police Commission Meeting Navarre Fire Station March 27, 2013 8:00 am - Welcome and Introductions -2012 Annual Report -2012 Police Activities Report - Investigative Summary - WMDTF Summary - 2013 Police Activities — Year to Date - Administrative Citations - Finance Report — Budget to date -Other issues or concerns CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31, 2013 GENERALFUND 03113 YTD AMOUNT BUDGET UNEXPENDED PCNT 07 me POLICE DEPARTMENT 101-42110-101 FULL -TIME EMPLOYEES REGULAR 167,747 23 433,34336 2,212,198.00 1,778,854.64 19.6 10142110 -102 FULL -TIME EMPLOYEES OVERTIME 76,F61 2,818.18 60,000.00 57,181.82 43 101 -42110 -103 PART -TIME EMPLOYEES (4444.92) 8,653.59 3,000.00 21 34641 28.9 1OIA2110 -104 TEMPORARY EMPLOYEES REGULAR .00 .00 25,000.00 25,000.00 .0 1 01 4 211 0 -1 21 PERA 22,688.68 60,574.49 301,239.00 240,664.51 20.1 10142110 -122 FICA 3,20392 8,546.07 42,129.00 33,582.99 203 101 - 42110 -135 CITY BENEFIT CONTRIBUTION 25,785 -08 77,355.24 375,660.00 298,304.76 20.6 101 - 42110 -142 UNEMPLOYMENT BENEFIT PAYMENTS .00 00 .00 .00 .0 10142110 -143 OPEB EXPENSE 00 .00 .00 .00 .0 101-42110-151 WORKER'S COMP INSURANCE PREM .00 .00 72,883 00 72,883.00 .0 101- 42110 -201 OFFICE SUPPLIES 1,26530 3,251.53 18,500.00 15,24847 17.6 101-42110 -208 BOOKS & PERIODICALS .00 .00 1,000.00 1,000.00 0 10142110 -212 MOTOR FUELS & LUBRICANTS 10,39635 20,679.20 90,000 00 69,320.80 23.0 10142110 -221 EQUIPMENT PARTS & ACCESSORIES 889.68 1,616.83 8,50000 6,883.17 19.0 101 -42110 -223 BLDG /GROUNDS MAINT. SUPPLIES 46.68 101.18 1,400.00 1,298,82 72 101 -42110 -226 CLOTHING& PERSONAL EQUIPMENT 2,379.95 4,52617 27,000.00 22,47379 16.8 10142110 -228 TRAINING SUPPLIES .00 .00 14,500.00 14,500.00 .0 101 - 42110 -229 EXPORERS PROGRAM EXPENSES 2,955.00 2,955.00 .OD ( 2,955 00) .0 10142110 -240 SMALL TOOLS AND MINOR EQUIP .00 336.28 7,800.00 7,463 72 4.3 10142110 -304 ENGINEERING - CONSULTING .00 .00 .00 00 .0 10142110 -307 LEGAL - CONSULTING 232.00 754.00 6,500.00 5,746.00 11.6 101 42710310 LOGIS- APPLICATIONS 7,048.00 7,048.00 59,95000 52,90100 11.8 10142110-311 DATA PROCESSING COMMUNICATION 11500 23000 5,000.00 4,770.00 4.6 10142110 -317 ANIMAL CARE .00 00 1,750.00 1750.00 0 10142110 -319 PROFESSIONAL SERVICES 950.00 8,906.23 12,000.00 3,093.77 742 10142110 -321 TELEPHONE 2,076.86 4,973.82 24,00000 19,026.18 203 10142110 -322 POSTAGE .00 76.00 1,600.00 1,524.00 4.8 101- 42110 -329 INTERNET /OTHER COMMUNICATIONS 75400 754.00 6,526.00 5,772.00 11.6 10142110 -331 TRAVELEXPENSES 149.73 189.73 280.00 9027 67.8 10142110 -340 GENERAL ADVERTISING .00 14400 .00 ( 144.00) .0 10142110 -352 PRINTING& PUBLISHING .00 74557 2,00000 1,254.43 373 101 -42110 -361 GENERAL LIABILITY INS .00 .00 12,210.00 12,210.00 .0 10142110 -362 UMBRELLA LIABILITY INS 00 .00 9,100 -00 9,100.00 0 101 -42110 -366 PROPERTY INSURANCE .00 .00 3,300.00 3,300.00 .0 10142110 -367 EQUIPMENT FLOATERS INS .00 .00 500.00 50000 .0 101 -42110368 AUTOMOTIVE INSURANCE 00 .00 6,600.00 6,600.00 .0 10142110 -370 INSURANCE AGENT OF RECORD .00 .00 .00 .DO .0 10142110-379 INSURANCE DEDUCTIBLES 00 .00 .00 .00 0 1 014 211 0 -381 GAS & ELECTRIC 1,28191 2,615 75 15,000.00 12,38425 17.4 10142110 -382 WATER UTILITIES .00 00 1,500.00 1,50000 .0 10142110401 REPAIRS /MAINT- OFFICE EQUIP 1,525.77 3,507.75 15,000.00 11,49215 23.4 101 -4211D -402 REPAIRSIMAINT -AUTO EQUIP 4,113.22 6,912.61 57,000.00 48,08739 15.6 101-42110-403 REPAIRSIMAINT -MISC. EQUIP .00 1,410.16 7,500.00 6,089.84 18.8 10142110404 REPAIRSIMAINT -BLDGS /GROUNDS 198.70 342.11 11,00000 10,657.89 3.1 10142110407 JANITORIAL SERVICES 1,110.97 3,33191 14,000.00 10,667.09 23.8 10142110413 OFFICE EQUIPMENT RENTAL 209.73 41946 4,500.00 4,08054 9.3 101-42110-414 EDP /COMMUNICATIONS EQUIP RENT 2,204.41 4,128.92 27,000.00 22.871.08 16-3 10142110433 MEMBERSHIPS 20500 992.72 3,000.00 2,00718 33.1 10142110436 TOWING CHARGES .00 0D -00 .00 .0 10142110437 TRAINING & DEVELOPMENT 8594 5,598.83 35,000.00 29,401.17 16.0 10142110439 MEETING EXPENSES 107.28 160A6 2,000.00 1,839,54 8.0 10142110440 SPECIAL EQUIPMENT REPLACEMENT .00 .00 5,000.00 5,000.00 .0 FOR ADMINISTRATION USE ONLY 25 q OF THE FISCAL YEAR HAS ELAPSED 03/25/2013 10:44AM PAGE: i 07 me 101 -4211CA41 LICENSES & TAXES 101 42110 -489 OTHER MISCELLANEOUS CHARGES 101 -02110 -520 BUILDINGS AND STRUCTURES 101 -42110 -550 AUTOMOTIVE EQUIPMENT 101 -42110 -560 FURNITURE AND FIXTURES 101A21IM70 OFFICE EQUIP AND FURNISHINGS 101 -02110 -575 IT HARDWARE 8 APPLICATIONS 101 -42110 -580 OTHER EQUIPMENT TOTAL POLICE DEPARTMENT TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES FOR ADMINISTRATION USE ONLY CITY OF ORONO 81.75) KPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31, 2013 GENERALFUND .0 03113 YTD AMOUNT 1,110.00 138175 00 .00 00 00 .00 .00 .00 .00 00 .00 2,18100 2,183.00 .00 .00 261,341.08 683,564.88 BUDGET UNEXPENDED PCNT 1 30000 ( 81.75) 1063 4,100.00 4,10000 .0 00 .00 .0 130.00000 130,000.00 0 00 .00 0 7,500.00 7,500.00 .0 30,000.00 27,817 00 73 25,000.00 25,000.00 .0 3,834,525.00 3,150,960.12 1Z8 267 341.08 683,564.88 3,834,525.00 3,150,960.12 ITS (267341.08) ( 683,564.88) ( 3,834,52500) { 3,150,960.12) ( 17.8) 25 % OF THE FISCAL YEAR HAS ELAPSED 03125(2013 10 44A PAGE:2 HENNEPIN COUNTY NEW CAD - ARSC08A Response Time Analysis / Area FOR AGENCY: 64P and 65P REPORT PERIOD: From: 1/1/2012 Through: 12/31/2012 Average Times in Minutes 64P in MND Priority Total Entry Dispatch Reponse AtScene Total Total Total Total Calls Dispatch AtScene Time Close XE Handled FG Dispatched 1 880 0.61 3.76 4.36 42.04 19 33 49 779 2 228 0.86 4.95 5.81 23.60 5 1 20 202 3 8,476 1.53 6.64 8.17 10.44 75 89 6,234 2,078 4 761 1.58 8.82 10.40 34.79 9 102 116 534 Total 10,345 1.44 6.52 7.95 15.21 108 225 6,419 3,593 Average Times in Minutes 65P in LLK Priority Total Entry Dispatch Reponse AtScene Total Total Total Total Calls Dispatch AtScene Time Close XE Handled FG Dispatched 1 1 1.15 4.32 5.47 46.02 0 0 0 1 2 3 0.00 0.00 0.00 23.51 0 0 3 0 3 124 2.64 17.64 20.28 13.02 1 1 117 5 4 7 0.00 0.00 0.00 10.70 0 0 6 1 Total 135 2.44 16.23 18.67 13.38 1 1 126 7 Average Times in Minutes 65P in MTB Priority Total Entry Dispatch Reponse AtScene Total Total Total Total Calls Dispatch AtScene Time Close XE Handled FG Dispatched 1 76 0.52 6.30 6.82 32.08 7 0 2 67 2 17 0.59 4.93 5.53 16.83 1 0 7 9 3 303 1.92 8.32 10.24 13.53 3 10 225 65 4 399 1.33 8.18 9.5 -895- 4.69 2 5 333 59 Total 795 1.46 7.98 9.44 10.94 13 15 567 200 Average Times in Minutes 65P in ORO Priority Total Entry Dispatch Reponse AtScene Total Total Total Total Calls Dispatch AtScene Time Close XE Handled FG Dispatched 1 1,111 0.58 5.96 6.53 32.32 36 53 38 984 2 291 0.69 6.50 7.19 1917 0 4 79 208 3 4,734 1.71 8.43 10.15 12.55 48 344 3,053 1,289 4 3,690 1.44 7.12 8.57 7.44 30 173 2,674 813 Total 9,826 1.45 7.60 9.06 13.06 114 574 5,844 3,294 Average Times in Minutes 65P in SPK Priority Total Entry Dispatch Reponse AtScene Total Total Total Total Calls Dispatch AtScene Time Close XE Handled FG Dispatched 1 361 0.63 4.46 5.09 30.12 3 7 9 342 2 74 0.57 4.42 4.99 24.58 0 1 32 41 3 893 1.60 5.94 7.55 14.99 5 96 508 284 4 1,186 1.59 7.01 8.60 5.86 8 42 965 171 Total 2,514 1.43 6.19 7.61 13.14 16 146 1,514 838 Average Times in Minutes Total 65P Priority Total Entry Dispatch Reponse AtScene Total Total Total Total Calls Dispatch AtScene Time Close XE Handled FG Dispatched 1 2,490 0.59 4.92 5.51 35.88 65 94 123 2,208 2 649 0.70 5.36 6.06 20.95 7 6 169 467 3 16,205 1.51 6.71 8.19 11.30 148 544 11,708 3,805 4 7,151 1.44 6.83 8.26 9.52 58 325 5,140 1,628 Total 26,495 1.38 6.54 7.90 13.37 278 969 17,140 8,108 HENNEPIN COUNTY NEW CAD - ARSCO2A Activity Breakdown by Time and Event Type J Area FOR AGENCY: 65P REPORT PERIOD: From: 1/1/2013 Through: 3125/2013 Hour Person Property Traffic Animal Service Distrb Medical Fire Others Alarms Total 00 2 1 55 4 174 6 7 _.... 1 _ 7 2 _.5 259 01 3 2 39. _96 3 302 7. 7 _. 0 2 _...1 _ 36 210 02 5 2 276 3 360 4 _.... 7 _... 0 39 4 __..6 240 ...195 03 2 _._0 .76.. 0._. 100_.. 2 8 0 1 23 835 04 1 0 61 1 129 3 6 0 0 9 211 05 0 1 71 0 95 3 5 0 1 5 182 II 06 1 0 42 _..61 1 56 3 5 - 1 3 6 118 07 _ _.2 0 301 5_.. 62... - 2 13......... 3 2 9 160 -284 08 2 8 91 8 113 8 12 0 22 20 5,920 !; 09 4 13 101 6 109 4 13 3 40 14 307 10 8 7 1008 95 7 14 0 30 8 277 11 7 9 _5 77 14 78 8 12 _. 0 _.. 26 10 243 _12. ._5 82 5.... 78 5 3 32 11 242... 13 5 9 106 6._.. 120 5 12 1 22 8 295 14 5 10 100 6.... 75 11 15 1 17 10 250 15 3 8 68 13 72 11 10 1 15 17 218 16 4 11 8618 92 7 12 4 19 _ 12 266 ...211. . 17 5 4 84 16 66 __. 7 _ 8 7 ...150...... 18 4 4 57. 7.... 49 5 5 5 5 8 19 -4 6 82 6..... 92 12 7 1 3 6 220 20 _..5 2 129 2.... 148 7 8 2 6 7 318 21 2 2 155 5 225 7 6 1 6 5 417 22 5 1 _.1. 105 5 190 12 5 _ 0 _ 5 7 337 23 .._2 64. 2..... 201 12 17 1 1 6 310 Total 86 106 1,988 144 2,676 167 229 30 269 202 5,920 )ay of Week Person Property Traffic Animal Service Distrb Medical Fire Others Alarms Total iunday 6 8 205 26 302 24 29 ._ 3 12 36 653 Monday 9 16 276 14 360 20 31 2 39 24 793 ruesday 13 20 277 18 384 17 35 1 42 23 835 Nednesday 21 22 302 19 453 17 30 _ 6 75 26 975 rhursday 12 14 264 26 437 26 35 3 48 24 891 -riday 14 15 363 24 406 31 29 __. 7 43 32 969 iaturday 11 11 301 17 334 _ 32 40 8 10 37 804 Total 86 106 1,988 144 2,676 167 229 30 269 202 5,920 -897 - AnCO2A_Aoa dl er.kd —by Tme arm E�-tT a_A 'Pt Page 1 of 1 Printed on: 3/25/2013 HENNEPIN COUNTY NEW CAD - ARSCO2A Activity Breakdown by Time and Event Type / Area FOR AGENCY: 65P REPORT PERIOD: From: 1/1/2012 Through: 12/31/2012 Hour Person Property Traffic Animal Service Distrb Medical Fire Others Alarms Total 'r 00 12 7 384 7 494 46 13 4 6 14 987 01 8 3 252 0..... 387 48 19 4 14 12 749 02 -4 2 158 5 359 31 12 5 9 15 600 03 .2 3 66 2.. 278 17 14 2 5 15 405 04 3 2 70 2 346 12 8 3 7 9 465 05 4 1 179 4 330 7 8 2 6 11 553 06 1 9 167 5 181 7 _ 16 __. 1 7 _ 15 _. 412 07 2 13 136 20 159 6 __. 15 _ 4 23 24 402 08 5 25 294 21 286 13 _16 21 - 16 ........136. 128 41 _ __.52 850 ....824 . 09. - 5 _ _.17 .....266 42... 245.... 36........ 8 10 6 27 242 36 250 22 28 5 72 38 727 11 6 33 227 25 232 25 30 8 44 _ 45 678 12 13 21 225 20 210 24 45 4 30 _ 41 634 13 7 21 245 30 183 19 38 5 46 36 631 14 18 28 224 26 187 15 24 11 56 44 633 15 15 21 224 26 208 24 27 12 37 39 633 16 12 29 387 30 246 14 32 11 56 44 862 17 9 23 381 25 217 33 25 8 27 37 785 .13 10 18 266 20 175 31 29 10 12 35 608 99. 13 10 244 29 202 23........ 38 14 8 39 622 20 11 12 282 20 239 32 26 7 14 29 675 21 6 10 278 15 240 32 26 6 7 26 647 22 7 6 237 12 148 57 _,.._ 18 _._ 1 _ 8 _ 20 516 23 10 7 262 11 333 51 21 5 8 22 730 Total 189 348 5,696 433 6,135 605 569 156 766 703 15,628 Day of Week Person Property Traffic Animal Service Distrb Medical Fire Others Alarms Total Sunday 29 46 770 63 849 _ 100 79 16 39 100 2,097 Monday 23 55 808 54 901 71 87 _ 29 161 115 2,306 Tuesday 33 51 747 64 920 87 80 25 _ 160 98 2,267 Wednesday 26 37 697 79 905 78 79 26 117 108 2,156 Thursday 26 56 754 58 784 66 74 23 159 96 2,099 Friday 24 63 940 54 _ 883 _ 87 _ 82 _ 17 99 96 2,347 Saturday 28 40 980 61 893 116 _ 88 20 31 90 2,356 Total 189 348 5,696 433 6,135 605 569 156 766 703 15,628 -898 - A GCC A_Aeimay Ere kown ny Time and Even[ Ty e_A .rp Page 1 of 1 Printed on: 3/25/2013 HENNEPIN COUNTY NEW CAD - ARSC08A Response Time Analysis / Area FOR AGENCY: 65P REPORT PERIOD: From: 1/1/2013 Through: 3/25/2013 Average Times in Minutes 65P in MND Priority Total Entry Dispatch Reponse AtScene Total Total Total Total Calls Dispatch AtScene Time Close XE Handled FG Dispatched 1 200 0.58 4.21 4.79 34.12 2 2 4 192 2 49 0.75 6.20 6.95 20.09 0 1 14 34 3 899 1.65 6.33 7.98 15.45 13 66 467 353 4 1,161 1.58 6.43 8.00 5.93 5 29 977 150 Total 2,309 1.50 6.19 7.69 12.38 20 98 1,462 729 Average Times in Minutes 65P in ORO Priority Total Entry Dispatch Reponse AtScene Total Total Total Total Calls Dispatch AtScene Time Close XE Handled FG Dispatched 1 202 0.49 5.43 5.92 34.63 3 12 3 184 2 43 0.48 5.15 5.63 20.99 1 0 12 30 3 1,037 1.82 7.12 8.94 11.79 15 105 662 255 4 955 1.48 6.25 7.74 5.43 8 37 780 130 Total 2,237 1.53 6.56 8.09 11.31 27 154 1,457 599 Average Times in Minutes 65P in SPK Priority Total Entry Dispatch Reponse AtScene Total Total Total Total Calls Dispatch AtScene Time Close XE Handled FG Dispatched 1 88 0.53 3.54 4.07 32.24 0 0 2 86 2 9 0.42 4.37 4.79 2734 0 0 3 6 3 300 128 6.78 8.05 11.72 3 15 231 51 4 294 1.72 6.06 7.78 5.59 5 13 244 32 Total 691 1.36 6.03 7.39 11.93 8 28 480 175 Average Times in Minutes Total 65P Priority Total Entry Dispatch Reponse AtScene Total Total Total Total Calls Dispatch AtScene Time Close XE Handled FG Dispatched 1 504 0.53 4.63 5.16 34.50 5 16 12 471 2 106 0.58 5.44 6.02 20.54 1 1 33 71 3 2,524 1.64 6.51 8.15 12.80 37 186 1,625 676 4 2,786 1.40 5.65 7.05 5.34 19 79 2,368 320 Total 5,920 1.41 5.93 7.34 11.28 62 282 4,038 1,538 ARSC08A_Response Time Analysis Ares.rpl Page 5 of 5 •11 Printed on: 3/25/2013 Orono Police Department Crime Summary Report SPRING PARK Time Period: 1/1/2012 12:00:00 AM - 12/31/2012 11:59:59 PM ".RIME CATEGORY ASSAULT -AGGR -2ND DEG - FAMILY -OTH WEAPON 1 ASSAULT -AGGR -2ND DEG - NON - FAMILY -KNIFE BURGLARY -2ND DEG- OWELLING,BANK,PHARM,POS$ BURG TOOLS BURGLARY -NO FORCE -RES- UNKNOWN CONT SUBST -5TH DEG POSS- COCAINE 1 CONT SUBST -5TH DEG POSS- HEROIN CONT SUBST -POSS OR SELL -SMALL AMT MARIJUANA CONT SUBST -POSS -DRUG PARAPHERNALIA CONT SUBST -POSS- MARIJUANA IN MV TRAF -DWI.1 ST DEG DWI; WAN 10 YRS OF 3 OR MORE QUALIFIED PRIOR 1 TRAF- DWI -2ND DEG - DRIVING WHILE IMPAIRED -2 OR MORE AGGRAVATING TRAF- DWI -3RD DEG - DRIVING WHILE IMPAIRED;CRIMINAL PENALTY TRAF- DWI.4TH DEGREE - DRIVING WHILE IMPAIRED CRIMINAL DAMAGE PROP4TH DEG -VALUE $1 TO $500 11 DISTURB - DISORDERLY CONDUCT DISTURB - HARASSMENT OR STALKING ... � ",+ . -eM .a'•,:b,`. .. ,,,,'. a .., .,":, �� ,..a t., iil�w. „�� .5..�.c to 1 s.1 •,1��.F lam FAMILY OFFENSE- NEGLECT OR ENDANGERMENT OF CHILD 1 PiitG't' FORGERY -CHECK FORGERY 1 FRAUD- FINANCIAL TRANSACTION CARD -USE FRAUDULENT CARD 1 Printed: 03/25/201312:11 ., -901- Page 1 of 6.... CRIME CATEGO FRAUD - FINANCIAL TRANSACTION CARD -USE STOLEN CARD 1 FRAUD - THEFT- IDENTITY THEFT -LOSS IS LESS THAN $500 1 FRAUD - VULNERABLE ADULT- FINANCIAL EXPLOITATION -MS 1 HEALTH SAFETY - LITTERING JUV- CURFEW VIOLATION JUVENILE- RUNAWAY TRAF- CARELESS DRIVING TRAF- CRACKED DISCOLORED WINDSHIELD - LIMITS /OBSTRUCTS VISION TRAF- CROSSWALK VIOLATION - PTY TO PEDESTRIAN IN CROSSWALK TRAF -DL- EXPIRED DRIVERS LICENSE -OVER 21 TRAF -DL- FAILED TO CHANGE NAME /ADD ON LICENSE TRAF -DL -NO DL IN POSSESSION TRAF -DL -NO MN DL/WRONG CLASSIMORE THAN ONE VALID TRAP -DL- VIOLATION OF RESTRICTED LICENSE - ALCOHOL OR CONTROLLED TRAF -DRIVE WITHOUT INSURANCE - OWNER -MS TRAF- DRIVING AFTER CANCELLATION (IPS) TRAF - DRIVING AFTER REVOCATION TRAF- DRIVING AFTER SUSPENSION TRAF- EQUIP - WINDOWS RESTRICTIONS -TINT TOO DARK (MIN- 50 %) TRAF- EXPIRED TABS -VEH REGISTRATION TRAF -FAIL TO STOP AT STOP SIGNS OR ENTR TO H WY TRAF- FOLLOWING TOO CLOSE TRAF- ILLEGAL USE OF DEALER PLATES -ANY VIOLATION TRAF- IMPROPER CHANGE OF COURSE TRAF -NO PROOF INSURANCE TRAF -NO PROOF OF INSURANCE - DRIVER NOT THE OWNER TRAF -OPEN BOTTLE- DRIVER/OWNER ALLOW TRAF - OPERATE VEH W /MATERIAL COVERING HEAD/TAIL LAMP TRAF - OPERATE VEHICLE WITH EXPIRED REGISTRATION TRAF- PARKING -WHERE SIGNS PROHIBIT TRAF -PASS BY DRIVING OFF PAVEMENT OR MAIN TRAVELED PORTION OF 2 3 13 2 4 17 1 1 1 3 1 Printed: 03125(2013 12:11 -902- Page 2 of 6 CV- EXPIRED MEDICAL CERTIFICATE (30 DAYS OR MORE) 1 GOVT -FALSE NAME TO POLICE OFFICER -MISD 1 GOVT- OBSTRUCT LEGAL PROCESS -NO FORCE -MS 1 GOVT- VIOLATE COURT ISSUED RESTRAINING ORDER 1 HEALTH SAFETY - LITTERING JUV- CURFEW VIOLATION JUVENILE- RUNAWAY TRAF- CARELESS DRIVING TRAF- CRACKED DISCOLORED WINDSHIELD - LIMITS /OBSTRUCTS VISION TRAF- CROSSWALK VIOLATION - PTY TO PEDESTRIAN IN CROSSWALK TRAF -DL- EXPIRED DRIVERS LICENSE -OVER 21 TRAF -DL- FAILED TO CHANGE NAME /ADD ON LICENSE TRAF -DL -NO DL IN POSSESSION TRAF -DL -NO MN DL/WRONG CLASSIMORE THAN ONE VALID TRAP -DL- VIOLATION OF RESTRICTED LICENSE - ALCOHOL OR CONTROLLED TRAF -DRIVE WITHOUT INSURANCE - OWNER -MS TRAF- DRIVING AFTER CANCELLATION (IPS) TRAF - DRIVING AFTER REVOCATION TRAF- DRIVING AFTER SUSPENSION TRAF- EQUIP - WINDOWS RESTRICTIONS -TINT TOO DARK (MIN- 50 %) TRAF- EXPIRED TABS -VEH REGISTRATION TRAF -FAIL TO STOP AT STOP SIGNS OR ENTR TO H WY TRAF- FOLLOWING TOO CLOSE TRAF- ILLEGAL USE OF DEALER PLATES -ANY VIOLATION TRAF- IMPROPER CHANGE OF COURSE TRAF -NO PROOF INSURANCE TRAF -NO PROOF OF INSURANCE - DRIVER NOT THE OWNER TRAF -OPEN BOTTLE- DRIVER/OWNER ALLOW TRAF - OPERATE VEH W /MATERIAL COVERING HEAD/TAIL LAMP TRAF - OPERATE VEHICLE WITH EXPIRED REGISTRATION TRAF- PARKING -WHERE SIGNS PROHIBIT TRAF -PASS BY DRIVING OFF PAVEMENT OR MAIN TRAVELED PORTION OF 2 3 13 2 4 17 1 1 1 3 1 Printed: 03125(2013 12:11 -902- Page 2 of 6 CRIME CATEGORY TRAF- PASSING ON THE RIGHT 1 TRAF- RECKLESS DRIVING 1 TRAF - REGISTRATION - OPERATE VEH W/O REGISTRATION 1 TRAF -SEAT BELT REQUIRED 24 TRAF -SEAT BELT REQUIRED- DRIVER AND PASSENGERS 1 TRAF - SEMAPHORE VIOLATION - FAIL TO OBEY TRAFFIC CONTROL DEVICES 1 TRAF -SIZE WEIGHT AND LOAD RESTRICTIONS 1 TRAF- SPEEDING- EXCEED LIMIT 21 TRAF- SPEEDING - EXCEED LIMIT OF 30 MPH -URBAN DISTRICT 3 TRAFSPEEDING- INATTENTIVE DRIVING 1 TRAFSTOP SIGN VIOLATION - 1 TRAF- UNSAFE U-TURN (1000 FT- CLEAR OBST) t TRAF- VEHICLE REGIST -REAR DISPLAY OF SINGLE PLATE 1 TRAF - WINDSHIELD DEFROSTING REQUIREMENT 1 TRESPASS - RETURN TO PROPERTY WITHIN ONE YEAR 1 LIQUOR LIQUOR - CONSUMING ALCOHOL UNDER 18 YEARS OLD (JUV)(340A- 503- 1 -A -2) 1 LIQUOR - POSSESS UNDER THE AGE OF 21 1 LIQUOR - UNDERAGE CONSUMPTION 18 -21 YEARS OF AGE 1 ASSAULT- DOMESTIC ASSAULT -MISD 2 ASSAULT -5TH DEG - COMMITS, ATTEMPTS OR THREATS HARM 7 <null> ACC -MOTOR VEH PROPERTY DAMAGE -HIT & RUN ACC -MOTOR VEHICLE PROPERTY DAMAGE ALARM BUSINESS ALARM FALSE ALARM FIRE ALARM OTHER ANIMAL AT LARGE ANIMAL BITE ANIMAL COMPLAINTIOTHER ANIMAL DEAD ANIMAL DOG BARKING Printed: 0312512013 12:11 -903- 186 1 20 1 18 2 8 4 1 6 1 3 Page 3 of 6 CRIME CATEGO ANIMAL INJURED /SICK 4 _.... ASSIST FIRE DEPT 2 ASSIST OTHER AGENCY 12 ASSIST PUBLIC 27 DEATH INVESTIGATION 3 DISTURB DOMESTIC 16 DISTURB FIGHT 3 DISTURB HARASSMENT 9 DISTURB NEIGHBORHOOD 5 DISTURB NOISE COMPLAINT 45 DISTURB UNWANTED PERSON 13 DOG RUNNING AT LARGE 1 FIRE ALL OTHER 1 FIRE GRASS 1 FOUND ADULTICHILD 1 FOUNDANIMAL 1 FOUND BICYCLE 1 FOUND PROPERTY 3 - JUV -CHILD NEGLECT 1 JUV -CHILD PROBLEM 3 JUV -CHILD PROTECTION 1 LOST PROPERTY 3 LOST /MISSING PERSON _.... _... 3 . MEDICAL -. 174 MEDICAL MENTAL HEALTH 17 MISC FALSE 911 CALL 8 MISC OFCR DAMAGE TO SQUAD 1 MISC OFCR DRIVING COMPLAINT 12 MISC OFCR EXTRA PATROL 5 MISC OFCR FIREWORKS COMPLAINT 5 MISC OFCR FIX -IT- TICKET 10 MISC OFCR INEBRIATES 17 MISC OFCR INFORMATION 32 MISC OFCR NARCOTICS INTELLIGENCE 10 MISC OFCR OTHER 50 MISC OFCR ROAD CONDITION /DEBRIS 1 MISC OFCR SPECIAL DETAIL 25 Printed: 03/2512013 12:11 _904_ Page 4 of 6 CRIME CATEGORY MISC OFCR UTILITIES MISC OFCR VEH/MOTORIST ASSIST/STALL MISC OFCR VOID CITATION MISC OFCR WARRANT ARREST MISC OFCR WELFARE CHECK MISC PUBLIC CIVIL MATTER MISC PUBLIC CIVIL PAPER SERVICE MISC PUBLIC HEALTH AND SAFETY MISC PUBLIC ORDER FOR PROTECTION MISC PUBLIC PREDATORY OFFENDER COMPLIANCE CK MISC PUBLIC PREDATORY OFFENDER NOTIFICATION MISC PUBLIC VULNERABLE ADULT NO PARKING 2AM - 6AM NO PARKING OVER 24 HOURS ORD NUISANCE ORD VIOLATION PARKING COMPLAINT PARKING VIOLATIONS PERMIT HANDGUN PURCHASE PERMIT LIQUOR LICENSE PERMIT TOBACCO LICENSE RECOVERED MOTOR VEHICLE SUICIDE ATTEMPT SUICIDE THREAT SUSPICIOUS ACTIVITY SUSPICIOUS PERSON TRAF -CHILD PASSENGER RESTRAINT SYSTEM -CHILD UNDER 8 AND UNDER 57 TRAF -OUT - WIDTH (PER FEET OR FRACTION THEREOF) TRAF -RED SIGNAL -FAIL TO STOP UNREASONABLE ACCELERATION 7 1 1 3 32 18 1 _1 2 1 1 57 1 1 1 13 1 12 3 1 3 2 20 16 2 1_ 2 ROBBERY -1ST DEG -AGG -ARMED OR INFLICTS BODILY HARM 1 CRIM SEXUAL COND -5TH DEG - NONCONSENSUAL SEXUAL CONTACT 1 TH9FT THEFT- BICYCLE -MISD 1 Printed.., 0312512013 12:11 _905_ Page 5 of 6 CRIME CATEGORY THEFT -FROM BUILDING/RENTAL VALUE $500 -$1000 1 THEFT -FROM BUILDING /RENTAL VALUE LESS THAN $500 3 THEFT -FROM BUILDING/RENTAL VALUE OVER $1000 8 THEFT -FROM VEHICLE -VALUE LESS THAN $500 3 THEFT -FROM YARDS- $500 -$1000 1 THEFT -FROM YARDS -VALUE LESS THAN $500 2 THEFT -FROM YARDS -VALUE OVER $1000 1 THEFT -OTHER PROPERTY -VALUE LESS THAN $500 ._... 1 __.1 _ _.... THEFT -SELF SERV GAS THEFT -THEFT OF MAIL 1 THEFT -VEH MOTOR VEHICLE 1 GRAND TOTAL: '1,205 Printed: 0312512013 12:11 -906- Page 6 of 6 Orono Police Department Crime Summary Report MINNETONKA BCH, MINNETONKA BEACH Time Period: 1/1/2012 12:00:00 AM - 12/31/2012 11:59:59 PM CRIME CATEGORY BURGLARY -2ND DEG- DWELLING,BANK,PHARM,POSS BURG TOOLS 1 CONT SUBST -POSS OR SELL -SMALL AMT MARIJUANA 1 - Ctrl.,. TRAF- DWI -3RD DEG- DRIVING WHILE IMPAIRED;CRIMINAL PENALTY 1 TRAF -DWI -3RD DEG - DRIVING WHILE IMPAIRED; 1 AGGRAVATING FACTOR 2 TRAF- DWI -4TH DEGREE - DRIVING WHILE IMPAIRED 3 CRIMINAL DAMAGE PROP -4TH DEG -VALUE $1 TO $500 4 CRIM SEXUAL COND 1ST DEG - RAPE - FEMALE 1 FRAUD -THEFT BY CHECK -VALUE OVER $1000 1 GOVT - VIOLATE COURT ISSUED RESTRAINING ORDER 2 JUV- CURFEW VIOLATION TRAF- CARELESS DRIVING TRAF- CENTERLINE VIOLATION TRAF - DISPLAY LICENSE PLATES TRAF -DL- FAILED TO CHANGE NAME /ADD ON LICENSE TRAF -DL -NO DL IN POSSESSION TRAF -DL -NO MN DLWRONG CLASS /MORE THAN ONE VALID TRAF -DRIVE WITHOUT INSURANCE - DRIVER NOT OWNER TRAF- DRIVER FAILS TO STOP FOR STOP SIGN 19 TRAF- DRIVING AFTER CANCELLATION 2 TRAF- DRIVING AFTER DISQUALIFICATION TRAF- DRIVING AFTER REVOCATION TRAF - DRIVING AFTER SUSPENSION Printed: 03/2'1201311:10 -907- Page 1 of CRIME CATEGORY TRAF- EQUIP - WINDOWS RESTRICTIONS -TINT TOO DARK (MIN- 50 %) 1 TRAF - EXPIRED TABS -VEH REGISTRATION 7 TRAF -FAIL TO YIELD TO EMERGENCY VEHICLE ON ROADSIDE 1 .....1 TRAF -HEAD LAMPS REQUIRED 1 TRAF- ILLEGAL USE OF DEALER PLATES -ANY VIOLATION 1 TRAF- LITTERING - TRAFFIC RELATED 1 TRAF -NO PROOF INSURANCE 9 TRAF -NO PROOF OF INSURANCE - DRIVER NOT THE OWNER 1 TRAF -PASS BY DRIVING OFF PAVEMENT OR MAIN TRAVELED PORTION OF 1 TRAF - PASSING IN A NO TRAF- PASSING ZONE 1 TRAF- REGISTRATION - ALTERED LIC PLATEPOSSESS 1 TRAFSEAT BELT REQUIRED t TRAFSPEEDING- EXCEED LIMIT 11 TRAFSPEEDING- EXCESS SPEED IN URBAN DISTRICT 1 TRAFSPEEDING- INATTENTIVE DRIVING 1 TRAFSTOP SIGN VIOLATION 9 TRAF - VIOLATE PERMIT/DL SUPERVISION -UNDER 18 1 �araa�� .. ; . afiz` .. <nul l> 47 ACC -MOTOR VEHICLE PERSONAL INJURY 2 ACC -MOTOR VEHICLE PERSONAL INJURY- BICYCLE 1 ACC -MOTOR VEHICLE PROPERTY DAMAGE 8 ._ ALARM FALSE ,.. 20 ALARM FIRE 1 ANIMAL BITE ANIMAL COMPLAINTIOTHER 2 ANIMAL DEAD 1 ANIMAL DOG BARKING 3 ANIMAL INJURED /SICK 5 ASSIST OTHER AGENCY 1 ASSIST PUBLIC 5 DISTURB NEIGHBORHOOD 1 DISTURB NOISE COMPLAINT 1 DISTURB UNWANTED PERSON 1 FOUND ANIMAL 4 _. FOUND PROPERTY. .... 2 Printed: 0312512013 11:10 -908- Page 2 of 3 CRIME CATEGORY JUV -CHILD ABUSE MEDICAL ... _. 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N UFO N'. 4-J T ED ® O N N c O L (d L< _ M '(q C N n =: O ed E — .�CC O ch G t N •� N � O 2 u h 2 a. cd N Q -924- 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 ZT4 TOS171I G111 i1 To: Honorable Mayor and City Council From: Carlton Moore, Director of Public Works Date: April 9, 2013 Subject: Minnetrista and Metropolitan Council Environmental Services (MCES) Forcemain Lining Project The City of Minnetrista owns a sanitary sewer forcemain that passes through the City of Mound from the Northern edge of Mound on Commerce Blvd. to the MCES gravity line that is located in the right of way of the Dakota Regional Trail. ( See attached map ) Minnetrista and MCES plan on doing a lining project in the forcemain this summer along with a meter station on Grandview Blvd. This project will only have minimal traffic disruption during the lining process. The only street reconstruction will be on Grandview where the new meter station is proposed and a small southerly section of Cottonwood Lane where a sanitary sewer service will need to be relocated. Mound will only be responsible for the relocation of the one service. The construction will entail setting trucks at two manholes as they line between them. Then they will move to the next manhole and do the same lining process. Traffic will be maintained during the lining operation. The City's consulting engineer and staff have reviewed and approved the proposed plans. This information is being provided so the Council is aware of the construction activity taking place on the City streets this summer. No Council action is required. Staff has not received a schedule for the work yet. -925- WSB AELIENEM a ;i,,,,,. .m"'. 1,,,.. Engineering a Planning ■ Environmental a Construction April 2, 2013 Carlton Moore, Director of Public Works City of Mound 5341 Maywood Road Mound, MN 55364 Re: Project Description Lift Station No. 1 Force Main Rehabilitation City of Minnetrista, MN WSB Project No. 1741 -97 Dear Mr. Moore: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 - 541.4800 Fax: 763 -541 -1700 Minnetrista's Lift Station #1 is located near the intersection of Sunnybrook Drive and County Road 110 (CR 110) at the border between Minnetrista and Mound. The lift station pumps wastewater in a 12 -inch force main south through Mound to the MCES Interceptor sewer as shown on the attached map. The force main is in need of rehabilitation and the section along CR 110 was lined with a Cast In Place Pipe (CIPP) liner in 2009. This year it is planned to line the remaining section of force main along Grandview Boulevard, Bellaire Lane, Glenwood Boulevard, and Cottonwood Lane as shown on the attached map. As a separate project, MCES will construct a flow meter along Grandview Boulevard. The project generally includes: a The force main will be shut down and bypass pumped through a temporary force main. The temporary force main will generally be above grade on the roadside and will be buried at some street crossings and include ramps to allow vehicles to cross at other locations. Exact road crossing configurations will be determined once a contractor has been selected and issues their plan for bypass pumping. To line the force main it is anticipated approximately 6'x10' pits will need to be excavated at bends in the force main and valve manholes. It is estimated that approximately 13 pits will be necessary along the route. The number of pits and dimensions will be contingent upon the winning contractor. Roadway replacement requirements have been provided by Mound staff. The force main currently discharges at a manhole upstream of the MCES interceptor. It has not yet been approved by MCES, but it is desired to extend the force main downstream to connect directly to the MCES interceptor. There have been odor 926 N i0 /-11970 W-' 11— ,ITRPr O ;' 010J3.Inr Carlton Moore, Director of Public Works April 2, 2013 Page 2 complaints from residents along Cottonwood Lane, and Mound City Staff indicated the force main extension would likely eliminate odors. • A Mound property along Cottonwood Lane has its service connected to the Minnetrista sewer downstream of the force main discharge point. Pending further evaluation, it is desired to connect the service to Mound's sanitary sewer. The flow meter station constructed by MCES will include an 8 -feet diameter buried manhole constructed on the force main at Grandview Boulevard with a flow meter inside. A small pedestal control panel will be constructed on the north side of Grandview Boulevard to send flow meter data to MCES. Sincerely, WSB & Associates, Inn. Jose PC. Ward, PE' � Project Manager Enclosures cc: Mark Erichson, City of Minnetrista —927 11111 roar „no�Flrxn �,a,.wa�...neazi3 e,. March 28, 2013 Mr. Carlton Moore Public Works Director City of Mound 5341 Maywood Road Mound, MN 55364 Re: Request to Proceed with Project - M426 Meter Station (MCES Project No. 805650, MCES Contract No. 13P030) Dear Mr. Moore: SENT VIA E -MAIL Meter station construction is proposed to establish meter station M426 (on City of Minnetrista Lift Station LS1) in the City of Mound at 5646 Grandview Boulevard, Mound, MN. MCES acknowledges the required coordination with the cities of Mound and Minnetrista, as well as coordination with the Minnetrista forcemain lining project. The scope of this project includes construction of a new vault to house a 6 -inch magnetic flow meter on Grandview Blvd between Bellaire Lane and Commerce Blvd. A new remote telemetry unit (RTU) will be installed on the north side of Grandview Blvd. The project is located within the municipal limits of Mound and the forcemain is the property of the City of Minnetrista, In addition to the MCES meter station construction, it is understood that the forcemain will be lined under a separate contract beginning at the intersection of Grandview Blvd and Commerce Blvd extending south west. Construction of meter station is expected to begin June 2013. The street work will be completed before the school year begins in September 2013. The Forcemain Plan & Profile sheet is included with this letter. Please feel free to contact me if you have any questions at 651.602.4507 or jeny.shah @metc.state,mn.us. Sincerely, r Jeny Shah MCES Project Manager Enclosure: Forest Lake -Hugo (M043) and Minnetrista (M426) Meter Project Forcemain Plan & Profile: M426 C: Mike Ostendorf, SEH METROPOLITAN 0 0 U N C I L Forcemain Rehabilitation Ends at Manhole Forcemain Extended from Manhole to Met Council Interceptor Resident Sewer Service Relocated From Minnetrista Sewer to Mound Sewer Bypass Line During Rehabilitation End of Forcemain to be Rehabilitated Lift Station No. 1 Forcemain Rehabilitation City of Minnetrista, MN WSB Project No. 1741 -97 Forcemain Rehabilitated in 2009 MCES Flow Meter a Legend A . ss Temporary Bypass Line 4) Air Relief Manhole - --.- Sanitary Sewer 0 Cleanout d. a 0- 12" DIP Forcemain m Sanitary Manhole =- - - 24^ MCES Sewer -- Lift Station r— —� Cit y Boundary Lift Station No. 1 Start of Forcemain to be Rehabilitated 0 250 500 1,000 Feet April 1, 2013 Representative Cindy Pugh & Senator David Osmek, SF 873/ HF 1081 and SF 874/ HF1082 represent significant and dramatic changes to our current forfeiture laws. In 2010 and 2012, there were several legislative changes made to address those issues, including: changing the notice requirements and property receipt requirements; providing for a Petition for Remission and Mitigation (filed with the prosecutorial authority), increasing prosecutorial oversight, improving and expanding reporting requirements; and the development of model forfeiture policies. Those legislative changes are working and there have not been any problems along the lines of the Metro Gang Strike Task Force. Instead, the changes being proposed would effectively end forfeiture and be detrimental to public safety. The legislative changes proposed would: • turn the innocent owner affirmative defense on its head by shifting to the burden of proof to the state and requiring an impossible standard when the claimant raises and innocent owner defense; • expand innocent owner claims to include joint ownership and allow someone to acquire an ownership interest after the crime was committed and before forfeiture was initiated; • end administrative forfeiture for controlled substance crimes by repealing the presumptions of property that is subject to forfeiture (Minn. Stat. § 609.5314, subd. 1); • allow a DWI offender to have possession of the car with ignition interlock, but does not provide for monitoring of the ignition interlock or a practical way to enforce the requirement, • returns the instrumentality of the crime to the DWI offender with the posting of bond and installation of ignition interlock and then provides that the forfeiture proceed against the bond and not the motor vehicle, which is contrary to the public safety purpose of removing the car from the DWI offender; • significantly increase costs and storage fees, by requiring a conviction for judicial forfeitures; and • add to prosecution and court costs. The City of Mound wishes to go on record as opposing this legislation and would appreciate your support in that regard. Benefits that now go to the cities would be lost, but there is an even more important consideration for lawmakers: Whereas, the intention of these bills is to protect "innocent" owners but the language makes seizure "un- prosecutable" according to the County Attorney's Association. Please vote in opposition to these bills. Sincerely, Ka+ldi%H a vi4 Kandis Hanson City Manager City of Mound CC: Chief Correy Farniok Mound City Council -930- ediacom the power to simplify Via Certified Mai! March 29, 2013 City of Mound Kandis Hanson, City Administrator Dear Ms. Hanson: Bill Jensen Regional Vice President The purpose of this letter is to inform you effective on or about May 1, 2013, Mediacom will be implementing the following rate adjustments impacting our video customers:' Product: Old Rate: New Rate: Net Chan e: Local Broadcast Station Surchar e N/A $ 1.61 $1.61 Family Cable $ 70.95 $ 72.95 $ 2.00 New Famil Rate $ 70.95 $ 74.56 $ 3.61 As you know, especially in these competitive times where our customer are accessing video content for free via the Internet, the decision to make price adjustments is always a difficult one. In fact, and contrary to public perception, we are very reluctant to raise video prices because when we do, we lose customers. However, cable and satellite companies are constantly being pressured by the programmers we buy from to pay more for the channels we carry. Mediacom is no exception as our overall programming costs rose by over 12% in the past year. In fact, every penny of this increase will be passed on to the programmers. The fees we pay to retransmit local broadcast stations tike ABC, CBS, FOX and NBC are by far our fastest growing programming cost component. Outdated federal laws give the local broadcast stations monopoly power over network and syndicated programming within their respective market areas. Over the past few years, many broadcasters have used their monopoly powers to demand 100 %, 200% and even 300% rate increases during contract negotiations. This has driven up cable and satellite rates and forced American consumers to pay billions of dollars for "free" over - the -air television. Depending on the terms of their contract, certain customers on promotional rates may or may not receive this rate change at this time. Mediacom Communications Corporation 1604 2nd Street SE, Waseca, Minnesota 66093 E -mail: bjensen@mediacomcc.com -931- Page Two, Mediacom Price Adjustments March 29, 2013 Beginning in May 2013, Mediacom will institute a Local Broadcast Station Surcharge equal to fee increases the local broadcast stations in your market have demanded we pay to them since the start of 2012. By bringing more transparency to the unjustified fee increases being taken by local broadcast stations, we hope to draw the attention of consumers and their elected representatives to this rapidly escalating problem. As the saying goes, sunlight is the best disinfectant and we believe more awareness of this issue will force lawmakers in Washington to fix this outdated and unfair fee structure. Unfortunately, local broadcasters aren't the only programmers causing cable and satellite prices to rise. Other channel owners, especially national and regional sports networks, are insisting on huge rate increases that are driving up the cost of Family Cable. One look at the skyrocketing rights fees announced with recent deals and it is easy to see that the marketplace for live televised sports is out of control. The television rights to the Los Angeles Lakers and Los Angeles Dodgers recently sold for $3 billion and $7 billion respectively. These are just two in a long list of examples of the unrestrained spending that has become the hallmark of the sports programming business. Because the programming community has been unwilling to exercise even the slightest measure of self- restraint when it comes to reigning -in their spending or increasing their price demands, Mediacom has taken the fight to Washington. Mediacom has asked the Federal Communications Commission (FCC) and Members of Congress to protect senior citizens, low- income households and rural residents from practices that are rendering pay television unaffordable for more and more Americans. We even started a petition asking President Obama for help (see http: / /www,change.ora /petitions /white- house- protect -tv- viewers - from - broadcast - blackouts -and- unfair - p rice-in creases). We invite the leaders of your community to do the same. Despite the business challenges and growing competition we face, Mediacom appreciates the opportunity to continue to serve your community's telecommunications needs. If you have any questions regarding the aforementioned price adjustments, please contact me directly at (507) 837 -4860 or bjensen @mediacomcc.com . Sincerely, 0-*-- Bill Jensen -932- March 7, 2013 Offices in 470 U.S. Bank plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 Saint Paul (612) 337 -9300 telephone 612) 337 -9310 fa JAMES M. STROMMEN St. Cloud www.kennedy- graven.com Affirmative Action, Equal Opportunity Employer Attorney at Law Direct Dial (612) 337 -9233 EmaiL jstrommen@kennedy- graven.atm Ms. Kandis Hanson City Manager City of Mound 5341 Maywood Road Mound, MN 55364 -1627 RE: /2013 First alf Suburban Rate Authority Assessments Dear G Enclosed are the first half assessments for Mound's membership in the Suburban Rate Authority ( "SRA "), a joint power association of 27 Twin City suburban cities totaling over 800,000 in population. The SRA greatly appreciates the City's continued membership and knows that it contributes to the significant collective voice the SRA has had in utility rates, utility right -of -way use, franchise fees and other issues in its nearly 40 -year history. The SRA remains very active and successful. Very recent accomplishments and current issues are as follows: The SRA has intervened in the current $284 million annual Xcel Electric rate increase petition and is challenging increases in both street lighting and residential classes, relative to other classes. 2. Through agreements with Xcel, the SRA has successfully deferred Xcei's intended increases to municipal pumping large station demand rates. The SRA does expect, however, that in November 2014 there will be an attempt by Xcel to increase the pumping demand rates to equal General Service rates. The SRA is in the process of seeking additional Xcel electrical outage credits for customers experiencing multiple outages in consecutive years, a credit not currently offered under Xcel electric's tariffs. In that proceeding, the SRA is also seeking to recover additional $200 credits in for cities operating pumping stations with Xcel's territory. 4. The SRA is currently seeking a change in the form of notice provided by Xcel Electric for damage claims to Xcel equipment. The current "bill" format is misleading and implies that the damage amount is a contract obligation, when in fact it is simply a damage claim that would be reviewed by the City's League Insurance Trust. -933- "i C H A R T E R E D March 7, 2013 Offices in 470 U.S. Bank plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 Saint Paul (612) 337 -9300 telephone 612) 337 -9310 fa JAMES M. STROMMEN St. Cloud www.kennedy- graven.com Affirmative Action, Equal Opportunity Employer Attorney at Law Direct Dial (612) 337 -9233 EmaiL jstrommen@kennedy- graven.atm Ms. Kandis Hanson City Manager City of Mound 5341 Maywood Road Mound, MN 55364 -1627 RE: /2013 First alf Suburban Rate Authority Assessments Dear G Enclosed are the first half assessments for Mound's membership in the Suburban Rate Authority ( "SRA "), a joint power association of 27 Twin City suburban cities totaling over 800,000 in population. The SRA greatly appreciates the City's continued membership and knows that it contributes to the significant collective voice the SRA has had in utility rates, utility right -of -way use, franchise fees and other issues in its nearly 40 -year history. The SRA remains very active and successful. Very recent accomplishments and current issues are as follows: The SRA has intervened in the current $284 million annual Xcel Electric rate increase petition and is challenging increases in both street lighting and residential classes, relative to other classes. 2. Through agreements with Xcel, the SRA has successfully deferred Xcei's intended increases to municipal pumping large station demand rates. The SRA does expect, however, that in November 2014 there will be an attempt by Xcel to increase the pumping demand rates to equal General Service rates. The SRA is in the process of seeking additional Xcel electrical outage credits for customers experiencing multiple outages in consecutive years, a credit not currently offered under Xcel electric's tariffs. In that proceeding, the SRA is also seeking to recover additional $200 credits in for cities operating pumping stations with Xcel's territory. 4. The SRA is currently seeking a change in the form of notice provided by Xcel Electric for damage claims to Xcel equipment. The current "bill" format is misleading and implies that the damage amount is a contract obligation, when in fact it is simply a damage claim that would be reviewed by the City's League Insurance Trust. -933- The SRA appreciates the long -term membership of Mound. The SRA remains the only municipal organization addressing utility and utility right -of -way use matters in Minnesota. If you have any questions about this assessment — which has not increased per vote in over ten years, please contact me, Very truly yours, KEN Y GRAV CHARTERED 4� James M. Strommen General Counsel for the SRA Enclosure JMS:bjc cc: SRA Delegate -934- L _ L iii 'r •.. J '� _ _M :0. / rl r_ +y F. •_.ter•. �° 4. .� �yri}�'�tj f /Wt �p 1 r ♦i !. F w> r 7 J' } JW lu At �_ i r mss. PIP e r . 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