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2015-10-21 CC Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS CITY OF MOUND MISSION STATEMENT: The City of Mound, through team Aork and cooperation, provides at a reasonable cost. quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA Page Fire Department — Greg Pederson, Fire Chief A. Strategic Priorities — Personnel, Apparatus, Equipment, Facilities 1 -10 B. Long Term Financial Plan, including Capital Improvement Plan -10 Year 11 -16 C. Direction to staff on proposed CIP, including Ladder Truck and other 17 -31 apparatus purchases 2. Review and Discussion of Suggested Changes to the City Code and Miscellaneous Policies 32 A. Chapter 30 - Burn Permits (Greg) 33 -35 B. ADMIN -003 - Policy on Vacation of Public Lands Leading to 36 Public Rater (Sarah/Catherine /Melissa) C. Chapter 1.05 - Rental Licensing Amendment (Sarah/Scott/Melissa/Stewart) 37 -55 D. Chapter 2 - Administration - Fines (Sarah/Scott /Melissa/Stewart) 56 -72 E. Breweries /Brew Pubs /Tap Rooms 73 -87 & Chapter 6 Alcoholic Beverages (Sarah/Catherine) F. Chapter 42 - Nuisances (Eric /Stewart) 88 -90 G. Chapter 46 - Offences and Misc Provisions (Eric) 91 -92 H. Chapter 70 - Traffic and Vehicles (Eric) 93 -94 I. Chapter 2 - Administration - Residency Requirements (Catherine) 95 -101 J. Chapter 18 - Cemeteries (Catherine) 102 -104 K. Fees - Pet Licensing, Public Gathering Permits (Catherine /Sarah) 105 -113 3. Liquor Store — John Colotti, Manager A. Marketing proposals 114 -149 4. Public Works — Eric Hoversten, Public Works Dir & Ray Hanson, Public Works Supt A. CIP and utility rates B. Equipment replacement plan C. Technology update - nuisance abatement /asset tracking /workflow - Mobile 311 5. Finance and Admin — Catherine Pausebe, Finance Director /Clerk/Treasurer A. Explanation of revenues, anticipated changes to preliminary budget B. Supporting schedules discussion • Major contracts and procurement • Conferences and training • Equipment replacement plans • Employee FTE assumptions TO: Mayor Mark Wegscheid Mound City Councilors Ms. Catherine Pausche FROM: Fire Chief Gregory S. Pederson SUBJECT: Mound Fire Department l� Strategic and Financial Plan 2415 Wilshire Boulevard Mound, MN 55364 Main: 952.472.3555 Fax: 952.472.3775 October 14, 2015 www.moundfire.com In 2004, I worked on and created a simple Strategic Plan for Successful Operations for the fire department. At about that same time I developed a 10 year Financial Forecast Plan that was implemented and expired at the end of FY 2014. Our fire department administrative staff team has been successfully implementing and working both of these plans since their inception in 2004. It was time to create a new plan, therefore over the past six months our administrative staff and I have been working diligently on updating and creating a new 10 year Financial Plan. The new plan includes a 10 year Long Term Budget Forecast and a correlating Capital Improvement Plan. • On August 19, 2015, our Fire Commission Team member representatives met to review, dissect, and evaluate the details of the 10 year Long Term Budget Forecast. The Fire Commission approved and supports the financial plan based upon well documented and logical assumptions. On October 7, 2015, our Fire Commission Team member representatives met again to review, dissect, evaluate, and justify the implementation of the 10 Year Capital Improvement Plan (CIP). After studying the plan and much discussion the Fire Commission approved and supports the capital improvement plan. The capital improvement plan approval was based upon our documented needs analysis, justification factors, and the fire department apparatus committee recommendations. It is critical that our elected officials are fully informed about, and approve the Strategic Plan and Financial Plan of the Mound fire department. I realize we do not move forward with either plan without your support. It is my goal to provide our elected officials with an overview of these long term plans, and provide as much support detail as requested or necessary. Then request your approval of both the long term financial plan and capital equipment plan. attachments -1- Mound Fire Department February 2004 Strategic Plan for Successful Fire Operations Purpose: The Mound Fire department must have a Short Term and Long Term strategy for continued successful and efficient operations. The strategic plan for successful operations must include a wide range of diverse services, plus maintain a cost effective and reasonable budget. Our goal is to provide the highest level of emergency response and customer service to our residents. The strategy must include a well thought out comprehensive plan that assures the highest level of public safety services to our communities. Scope: The strategic plan for continued successful operations must consider the service requirements of our current customers, plus be comprehensive enough to envision growth and future needs associated with changing community dynamics. The plan must focus on and consider the critical necessary resources to support the ever changing fire service operations. These key critical recourses would include people, equipment, facilities, supplies, and financial support. Key elements: The critical components of any fire department are quite simple and basic. Take away any of the three basic components and the operation will not succeed. Even though all three components are critical, the priority of importance is as follows: 1. Personnel /People: • Personnel - numbers, location, and time of availability • Adequately trained and diverse firefighters • Well trained officers • Firefighter commitment 2. Equipment and Supplies: • Apparatus — trucks, boats, trailers, etc. • Firefighter turnout gear and safety equipment • Basic tools and equipment of all types (i.e. fire hose) • Specialized tools and equipment (i.e. extrication tools, water rescue suits) • Supplies to support all operations including: fire, hazmat, rescue, etc, 3. Facilities: GSP • Response facilities to store apparatus, equipment and supplies • Training facilities for firefighter training and education • Maintenance facilities for maintaining and cleaning everything • Centralized facilities for efficient response times • Additional or support facilities for large scale events and emergencies -2- v O •� ct Q ct - a� +� 4.a ct o ( y �" ct ct bA s , . , p � 6�} a- b4 ul N ' 69 Q O � � bOA bA vi c cn Oct tn CA bh O ct O i" cn ��• ct N U ® O ai Ln N o N N .,p O a ) s i O a Q a� Cd tb ct -T� C'� p v N s, by cd bb W O U O En cd cn Ct bb'. +� a> ' ccnn C,5 ct rA c . Cd U U cd U Ln U Q" rA En n U 2016 BUDGET BREAKDOWN RELIEF CAPITAL DEPT ASSN AND BUILDING 2016 BUDGET CONT RESERVES PAYMENT COST MINNETONKA BEACH 49,280 9,578 7,393 21,532 87,783 MINNETR15TA 158,044 30,718 23,709 68,104 280,575 SHOREWOOD 13,352 2,595 2,003 5,885 23,835 SPRING PARK 77,411 15,046 11,613 31,010 135,080 MOUND 345,038 67,063 51,762 156,409 620,272 643,125 125,000 96,480 282,940 1,147,545 53.65% A IIM A ID Alolow m Minneirista _24.57% tj'; 1 1:\admin \Financial, Budgets, Contract, Expenses \Financial 2016 - Budget and Fire Contract \Fire Contract and Calculations \2016 Budget Breakdown by City i+7. s LL d d U O O O 6 0 0 0 0 0 0 o R a o o a 0 a tp N o M O O d' m v v O v G O Cl) f` O N O O to O O O X O n N 6A O' O O O r t0 O 40 'a W O N O O TO O O O O Cl) Cl) co T T M CO M EA (A H 44 T d d C O C d O O O O p O . O O O O d o N [0 O O O O O O O C C d N t U� N ti o e W U N C °' "' O s t. W) uni N k m m U v O6 M N N F O 09 N.. d c N tah Vi EA di FPr 60 fR N tiP ffD to M. 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L wN N W N O M Q M N N O m N N m m m m Q P M N M m P b N b n O N 'fW OO m rn Q F m V m Q O � N M N N N M MO9 W M Q Q M Q Q (Q n o W M b m m m CW N m ' l fn A 6 N9 N . - NF lM f.m (r 9 H 6 M P Wb n W m r o m m m M m W W b W r m W m m M F m m o N t0� N M N Q N Wmm a mm Wmrn mW mOON r N NN O0000oop N N N N N N N o N ooN o N N N 0v0» N N 0m 0 N N 0 0 N N 0 N N 0N 0 0 N N N E N m O v m II w c Mound Fire Department 2003 - 2015 Budget Summary Total Budget $15,809,528 2% State Aid /Supplemental $1,269,904 Pension $2,978,184 Building Total $3,504,990 Capital (Line Items 500 -600) $1,049,920 Fire Truck Replacement (580) $549,452 GO Equipment Expenses (600 -620) $372,679 1: \admin \Financial, Budgets, Contract, Expenses \2003 -2015 Budget Totals MOUND FIRE DEPARTMENT NEWS October, 2015 2415 Wilshire Boulevard Mound, MN 55364 Main: 952.472.3555 Fax: 952.472.3775 www,moundfire.com FIREFIGHTERS JEFF OTTENBREIT & TANNER PALM COMPLETE ONE YEAR PROBATIONARY PERIOD Mound firefighters Jeff Ottenbreit and Tanner Palm have completed the training and attendance requirements necessary to become State Certified Firefighter I & 11, Hazmat and First Responders. The State Certification is a requirement of all firefighters employed by the Mound Fire Department. Congratulations to Jeff and Tanner on all of their hard work! With the successful completion of the State Certification Testing, both men have now successfully completed their one year probationary period with the Mound Fire Department, Both Jeff and Tanner have done a greatjob and are proficiently trained employees, and a welcome addition to our fire department staff. (Photo attached of Jeff Ottenbreit and Tanner Palm) FIREFIGHTER TIM PALM RETURNS TO SERVICE Mound Fire Captain Tim Palm retired from the Mound Fire Department on May 1, 2015 after 26 years of dedicated service to the Mound Fire Department. The State of Minnesota Laws and Mound Fire Department Relief Association Bylaws now allow a retired firefighter to return to service after a 60 day separation from active service. Tim recently applied to return to service after a three month absence. In order to return to service a retired firefighter has to reapply to the department, interview with the board, and pass a required physical exam and background check. We're happy to announce Tim was rehired as a Mound Firefighter on October 3, 2015. Welcome back Firefighter Tim Palm! MOUND FIRE DEPATMENT HIRES FOUR NEW FIREFIGHTERS AS PROBIES The Mound Fire Department recently hired four new probationary firefighters who started on October 3, 2015. The four new firefighters are Dan Berent, Joseph Brown, Michael Catton and Carter Palm. The hiring was in response to firefighter retirements over the past couple of years, along with implementation of the department staffing goals. Hiring now will allow us to continue to have a fully trained staff to continue provide excellent protection now and in the future. Are you interested in becoming a firefighter with the Mound Fire Department? We are always accepting applications. You can print an application form by visiting our website at www.moundfire.com or stop by our office. Call 952- 472 -3555 with questions. a t tlttew4, i41'; 4hlk��s�°` rl"; t` F` �i4& llr' �?�.>~ ilsativit� 'r�x''`r��4�tk`��',Jlt` ivy'"`. 1u`';' sCk� ,?rxte�t`t~'.?l�e'�',tct;'t`k` o � m o o CN o Ln RT N � O Ln 0 Itt C l 0 N m 0 N 0 N rH 0 N 0 0 V 1 0 0 N no I• N 0 O N O O E E v :- 0 0 E a c E 1��414fi�t�lfi�ik4ir� t�itlti�'tlut4st4h'R 4 4 ��;h11�n��±� � �1�fi'il�°�?`�� 1 4 4 t 414 kj4RCr st14 itlt'�k *y'1*'d it�?1xta�,�1 i i tlt 41"4thirk* i ilitt'`<Mti`U 1, 1 • • gx�l��4^�1�fit � �t�ll '''ti 4rv�'� N N � tSt�z�I '�1F44i� t tilt, e e �41�vilirc '�`sl*`u�°+��h'�41sk��t xi �,f, � �ti 1�$ �� f 11141 �i�ti¢t LS.k9 t t}Lt \1 1 114144} t.}11441Ci14 4 41 1 l� 1 Y i t14� \4ity \...��£. r ri.. lt�"'�11'li�ltilll'} 4 4it�S111,.4r,i:tR t tr�„14,i4itki 1 >. uM11 ` t 42 a b t ``v `i tiih 4 41� 414 4 4 t r r 4 a tt }ix,b t ti {{`l;{i " ": 14�irtyYl l lS1 3 R4jyj.!1 1 �iS111 ili 1 q�4lttx � .a Y ; o � m o o CN o Ln RT N � O Ln 0 Itt C l 0 N m 0 N 0 N rH 0 N 0 0 V 1 0 0 N no I• N 0 O N O O E E v :- 0 0 E a c E \ 1. s • V L U- v° s u +- co LL m y � s t t vC5 v � ° Q OfLFL- _� Fj N G O_ } cn CO � G d L } s in c•�U- Q0 N �• Ot N N s s > v v c H d in y L Q Q LL � x s a � o�i •� Nix r^ g m Z V :t p® c s } V i ® y L V = O x L L N i Li Q a-°. L ° •F- d u d S O '> O L V- O 4- i m Vi' p•7 F7 Q ti VF i N L A_rL... in i s L i p y Y 11 N H a ® i `h m •1°- ouF LO L �° O o Csl U v z � d Y a c � x s a � o�i •� Nix r^ g m Z V :t p® c s } V i ® y L V = O x L L N i Li Q a-°. L ° •F- d u d S O '> O L V- O 4- i m Vi' p•7 F7 Q ti N 0- a U � L � O.. }U� OF....a �.... u N C5 31 O Q S V LL O x y O O Ox ` 0 �% s Co F-i Co � IZ 0 0 W04 0 -10- s `^ in s v_i p y C o z 7 N N LO S �° O o 4- co > •1- Y a c } s x m m - V) 0 F7 0 J m ° u o �n Y Q L11 co N 0- a U � L � O.. }U� OF....a �.... u N C5 31 O Q S V LL O x y O O Ox ` 0 �% s Co F-i Co � IZ 0 0 W04 0 -10- et U .1 m s `^ in s v_i p y u o z o N S �° o 4- co > Y a c m m - V) 0 F7 0 et U .1 m R, } V1 -11- M Y Y� Y Y • 1f -12- w i , if -13- U 69 0 O cn ct N O O > A Uj Cd o 0 O ?r tO `y c ai O .x C M p ( ® ,rye, . � N � N N o ai 6011 8 RNs C� N y N CA O y ^:5 y�,� perp,^, •yam„, N ca 9D ' rz •� U V1 bj) '� N V� ptl N N t. O ."' N CIO �J •� V Q O �' C .!-+ a$ O N jyy VJ N-1� 'Q t9 �� •t0 U tV v ca 3 r3 o£ c N �? ® U� ® ct CA i-+ W (� r ..hi . a F'" U� ❑fir bb bD ® O ^rs v cd ¢, u -13- REVENUE Fire Contract: Operations Fire Contract: CIP Apparatus Replacement Fire Contract: CIP Apparatus Series 2009C Fire Contract: CIP Tools & Equipment Fire Contract: CIP Facility Repair /Maint Fire P( Fire Contract: Facility Bonds, Debt Service Fire Contract: Facility Reserve Fund Fire Contract: Pension City Contribution Total Fire Contract Revenue MN State Aid 2 %- Pension Plan MN Supplemental Aid - Pension Plan Total State Aid Revenue MISC. REVENUE Local, State 8 Federal Grants Donations and Miscellaneous Total Misc. Revenue TOTAL REVENUE Total Dollar Change Percent Change EXPENDITURES OPERATIONS Salaries & Wages (101-190) Operations and Supplies (200 -460) J: \admin \Financial, Budgets, Contract, Expenses\2013 -2024 Revenue Increase based upon the following: 102% (Grants & Donations estimated 2% annual increase) 104% (Fire Contract Operations estimated 4% increase) 2013 -2024 MFD Budget and Forecast Summary �...,,...,s. Forecast Forecast Forecast Actual 2013 Actual 2014 $ 601,656.00 $ 70,525.00 $ 282,940.00 $ 147,000.00 $ 1,102,121.00 $ 80,177.07 $ 19,398.19 $ 99,575.26 $ 13,000.00 $ 5,682.00 $ 18,682.00 $ 1,220;378:26 $ 20,650.40 1.72% Budget 2015 $ 626,692.00 $ 48,000.00 $ 30,700.00 $ 11,000.00 $ - $ 282,940.00 $ 125,000.00 ! $ 1,124,332.00 $ 82,800.00 $ 21,500.00 $ 104,300.00 $ 11,224.00 '.$ 5,300.00 $ 16,524.00 ,.$.1,245,156.00 $ 24,777.74 2.03% Budget 2016 $ 643,154.00 $ 41,000.00 $ 29,950.00 $ 15,000.00 $ 10,500.00 $ 282,940.00 $ 125,000.00 $1,147,544.00 $ 851284.00 $ 22,175.00 $ 107,459.00 $ 11,602.00 $ 5,406.00 $ 17,008.00 $1,272,011.00 $ 26,855.00 2.16% Forecast 2017 $ 668,880.16 $ 54,000.00 $ 29,200.00 $ 37,900.00 $ 10,500.00 $ 282,940.00 $ 128,750.00 $1,212,170.16 $ 88,700.00 $ 23,060.00 $ 111,760.00 $ 11,834.00 $ 5,514.00 $ 17,348.00 $1,341,278.16 $ 69,267.16 5.45% Forecast 2018 $ 695,635.37 $ 57,000.00 $ 33,225.00 $ 39,000.00 $ 17,000.00 $ 282,940.00 - $ 128,750.00 $1,253,550.37 $ 91,350.00 $ 23,750.00 $ 115,100.00 $ 12,070.00 $ 5,624.00 $ 17,694.00 $1,386,344.37 $ 45,066.21 3.36% ��_�- 2019 $ 723,460.78 $ 60,000.00 $ 32,025.00 $ 21,800.00 $ 7,500.00 $ 282,940.00 $ 132,600.00 $1,260,325.78 $ 94,100.00 $ 24,460.00 $ 118,560.00 $ 12,311.00 $ 5,736.00 $ 18,047.00 .$1,396,932.78 $ 10,588.41 0.76% 2020 $ 752,399.21 $ 63,000.00 $ 30,825.00 $ 63,780.00 $ 10,000.00 $ 282,940.00 $ 132,600.00 $1,335,544.21. $ 96,900.00 $ 25,200.00 $ 122,100.00 $ 12,557.00 $ 5,850.00 $ 18,407.00 $1,476,051.21 $ 79,118.43 5.66 ° /u 2021 $ 782,495.18 $ 95,000.00 $ - $ 75,780.00 $ 10,000.00 $ 282,940000 $ 136,600.00 $1,382,815.18 $ 98,800.00 $ 25,700.00 $ 124,500.00 $ 12,808.00 $ 5,967.00 $ 18,775.00 $1,526,090.18 $ 50,038.97 3.39% 2022 $ 813,794.99 $ 98,000.00 $ - $ 63,780.00 $ 10,000.00 $ 282,940.00 $ 136,660.00 $1,405,174.99 $ 101,300.00 $ 26,350.00 $ 127,650.00 $ 13,064.00 $ 6,086.00 $ 19,150.00 $1,551,974.99 $ 25,884.81 1.70% 2023 $ 929,600.00 $ 151,000.00 $ - $ 63,780.00 $ 10,000.00 $ - $ 140,000.00 $ 140,600.00 $1,434,960.00 $ 104,300.00 $ 27,100.00 $ 131,400.00 $ 13,325.00 $ 6,207.00 $ 19,532.00 $1,585,912.00 $ 33,937.01 2.19 %.. 2024 $ 966,784.00 $ 154,000.00 $ - $ 78,780.00 $ 10,000.00 $ - $ 140,000.00 $ 140,600.00 $1,490;164.00 $ 107,000.00 $ 27,800.00 $ 134,600.00 $ 13,591.00 $ 6,331.00 $ 19,922.00 .$1,644,886.00 Description Code $ 585,496.00 $ 58,225.00 -- )rtion Facility Repair and Maintenance $ 282,940.00 $ 155,800.00 $ 1,082,461.00 $ 79,039.47 $ 23,356.39 $ 102,395.86 $ 9,900.00 $ 4,971.00 $ 14,871.00 $. 1,199,727.86 $ 58,974.00 3.72% 3.04% - - _ 1 '.FT Employees Administrative Secretary FT Overtime Salaries - PT - Janitor Comp Pay Vacation Pay 101 101 102 103 112 113 $ :383,009.00 $ 132,179.00 $ - $ 167.00 $ 6,023.00 $ 11,353.00 $ 382,875.00 $ 135,340.00 $ 230.00 $ 11,062.00 $ 7,068.00 $ 102.00 $ 19,272.00 $ 16,063.00 $ 20,796.00 $ 1,018.00 $ 23.00 $ 2,400.00 $ 688.00 $ 27,645.00 $ 27,600.00 $ 7,350.00 $ 14,465.00 81,503.00 $ 256,033:00 $ 1,389.00 $ 1,337.00 $ 309.00 $ 498.00 $ 28,498.00 $ 8,163.00 $ 232.00 $ 1,796.00 $ 31,141.00 $ 2,450.00 $ 4,352.00 $ 418,032.00 $ 102,315.00 $ 55,224.00 - $ $ 19,658.00 $ 18,504.00 $ 21,050.00 $ 1,048.00 $ 24.00 $ 2,400.00 $ 803.00 $ 29,736.00 $ 28,450.00 $ 18,750.00 $ 14,140.00 $ ._._.91,050.00 $ :208,660.00 $ 1,800.00 $ 1,200.00 $ 1,500.00 $ 800.00 $ 21,000.00 $ 8,700.00 $ 720.00 $ 1,800.00 $ 4,800.00 $ 3,600.00 $ 3,780.00 $ 3,600.00 $ 14,500.00 $ 3,000.00 -- $ '429,554.00 $ 102,523.00 $ 55,432.00 $ 20,766.00 $ 19,183.00 $ 21,900.00 $ 1,018.00 $ 829.00 $ 2,400.00 $ 25.00 $ 29,580.00 $ 28,450.00 $ 20,400.00 $ 15,148.00 $ 96,900.00 $ ::.213,600.00: $ 2,400.00 $ 1,320.00 $ 1,500.00 $ 800.00 $ 22,000.00 $ 9,000.00 $ 720.00 $ 1,800.00 $ 6,000.00 $ 3,600.00 $ 4,400.00 $ 3,600.00 $ 14,500.00 $ 3,000.00 $ $ 441,998.85 $ 1175,086.08 $ 56,817.80 $ 21,285.15 $ 19,662.58 $ 22,995.00 $ 1,068.90 $ 849.73 $ 2,460.00 $ 25.63 $ 32,000.00 $ 29,200.00 $ 21,600.00 , . 1500000 $ 15,14800 $ 98800.00 $ 219,432;50 $ 2,460.00 $ 1,353.00 $ 1,537.50 $ 820.00 $ 22,550.00 $ 9,270.00 $ 738.00 $ 1,845.00 $ 6,150.00 $ 3,690.00 $ 4,510.00 $ 3,690.00 $ 14,862.50 $ 3,600.00 $ 452;223.72 $ 107,713.23 $ 58,238.25 - $ 21,817.28 $ 20,154.14 $ 24,144.75 $ 1,122.35 $ 870.97 $ 2,521.50 $ 26.27 $ 32,000.00 $ 30,000.00 $ 22,140.00 $ 15,400.00 $ 100,700.00 $ 224,777.16 $ 2,521.50 $ 1,386.83 $ 1,575.94 $ 840.50 $ 23,113.75 $ 9,548.10 $ 756.45 $ 1,891.13 $ 6,303.75 $ 3,782.25 $ 4,622.75 $ 3,782.25 $ 15,234.06 $ 3,690.00 $ :462,449.11 $ 110,406.06 $ 59,694.20 - - $ 22,362.71. $ 20,657.99 $ 25,351.99 $ 1,178.46 $ 892.74 $ 2,584.54 $ 26.92 $ 32,000.00 $ 30,600.00 $ 22,693.50 $ 5, . $ 15,400.00 $._.102,800.00 $ - 236,406.58 $ 2,584.54 $ 1,421.50 $ 1,615.34 $ 861.51 $ 23,691.59 $ 9,834.54 $ 775.36 $ 1,938.40 $ 6,461.34 $ 3,876.81 $ 4,738.32 $ 3,876.81 $ 15,614.91 $ 4,OD0.00 ` -$ 473,497177 $ 113,166.21 $ 61,186.56 $ 22,921.78 $ 21,174.44 $ 26,619.59 $ 1,237.39 $ 915.06 $ 2,649.15 $ 27.60 $ 32,000.00 $ 31,200.00 $ 24,000.00 , $ 15,800.00 $ 104,800.00 '' $ 24Q578�42 $ 2,649.15 $ 1,457.03 $ 1,655.72 $ 883.05 $ 24,283.88 $ 10,129.58 $ 794.75 $ 1,986.86 $ 464;141.63 $ 115,995.36 $ 62,716.22 $ -496,108 .92 i$ 589,206:95 $ 603,648.32: $ 118,895.25 $ 121,867.63 $ 124,91432 $ 64,284.13 $ 65,891.23 $ 67,538.51 $ 23,494.82 $ 21,703.80 $ 27,950.57 $ 1,299.25 $ 937.94 $ 2,715.38 $ 28.29 $ 32,000.00 $ 31,800.00 $ 24,600.00 00.00 , $ 15,800.00 $ 106,90000 $ 245;810.40 $ 2,715.38 $ 1,493.46 $ 24,082.19 $ 22,24640 $ 29,348.09 $ 1,364.22 $ 961.39 $ 2,783.26 $ 28.99 $ 32,000.00 $ 32,400.00 $ 25,215.00 , . $ 16,200.00 $ 10910000 $ 1252,080.33 $ 24,684.25 $ 22,802.56 $ 30,81.5.50 $ 1,432.43 $ 985.42 $ 2,852.85 $ 29.72 $ 32,000.00 $ 32,800.00 $ 25,845.38 $ 83,200.00 , 600.00 $ 16,200.00 $ $ $ $ $ $ $ $ $ $ 25,301.35 23,372.62 32,356.27 1,504.05 1,010.06 2,924.17 30.46 32,000.00 33200.00 26491.51 Holiday Pay 114 $ 6,888.00 Sick Pay 115 $ 1,066.00 Pera 121 $ 18,204.00 Fica 122 $ 15,749.00 Employer Paid Health 131 $ 18,771.00 Employer Paid Dental 133 $ 981.00 Employer Paid Life 134 $ 21.00 Post Retirement .LTD Worker's Comp. Ins. Officers Pay Du Officer Pay Duty Crew Pay . Drill Pa '.Maintenance Pay -- Monthly alaries - -- Office Supplies Copy Machine &Fees Computer Software Instructional Supplies Operating Supplies Motor Fuels Cleaning Supplies Fire Prevention supplies Safety Equipment Supplies 135 137 151 170 175 175 1 185 -190 200 202 205 208 210 212 216 217 219 $ 2,494.00 $ 626.00 $ 32,890.00 $ 22,643.00 $ $ 10,556.00 $ ....91,568.00._.$ $ .195,557.00 $ 1,730.00 $ 1,216.00 $ 1,939.00 $ 986.00 $ 21,801.00 $ 8,851.00 $ 385.00 $ 1,639.00 $ 8,555.00 $ 86,500.00 $ 16,600.00 $ 16,605.00 $ 111,200.00 $ 113,500.00 $ 257,666:07 $ 263,170.57 $ 2,78326 $ 2,852.85 $ 2,924.17 $ 1,530.80 $ 1,569.07 $ 1,608.29 $ 1,697.11 $ 1,739.54 $ 1,783.03 $ 1,827.60 $ 905.13 $ 927.75 $ 950.95 $ 974.72 $ 24,890.98 $ 25,513.26 $ 26,151.09 $ 26,804.86 $ 10,433.47 6.47 $ 11,068.86 $ 11,400.93 $ 814.61 4.98 $ 855.85 $ 877.25 $ 2,036.53 7.45 $ 2,139.63 $ 2,193.13 $ 6,622.88 $ 3,973.73 $ 4,856.78 $ 3,973.73 $ 16,005.29 $ 4,200.00 $ - $ 6,788.45 $ 4,073.07 $ 4,978.20 $ 4,073.07 $ 16,405.42 $ 4,400.00 $ - 8.16 .90 r$4,174.90 2.85 4.90 5.55 0.00 $ - $ 7,132.11 $ 4,279.27 $ 5,230.22 $ 4,279.27 $ 17,235.94 $ 4,800.00 $ - $ $ $ $ $ $ $ 7,310.42 5,360.97 4,386.Audit/Financial 4,386.25 17,666.84 5,000.00 - Professional Services 300 $ 2,376.00 301 $ 3,192.00 Medical Services 305 $ 4,324.00 $ 2,764.00 $ 14,505.00 $ - $ 742.00 Admin /Financial /Computer 307 $ 14,505.00 Contract Fire Inspection 308 $ 432.00 $iel CFbff9W13 -2024. Forecast Wor sheU5 $ 576.00 Capital improvement Plan Summary (500 -620) .Total (101 - 620).., FACILITIES i. Facility Bonds, Debt Service Facility Reserve Fund PENSION PLAN Fire Contract: Pension City Contribution MN State Aid 2% - Pension Plan MN Supplemental Aid - Pension Plan MISC. EXPENSE Local, State & Federal Grants Donations and Miscellaneous TOTAL EXPENDITURES Total Dollar Change Percent Change SUMMARY - Revenue - Actual or Anticipated Expenses - Actual! or Forecast Variance - Forecast Fund Balance $$ Fund Balance % Forecast Forecast forecast Description Telephone Internet - Radios Code 321 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Actual 2013 7,180.00 495.00 4,450.00 - - 19,321.00 16,897.00 4,107.00 1,406.00 2,463.00 1,862.00 25,018.00 6,889.00 542.00 453.00 3,863.00 15,177.00 10,074.00 2,853.00 :;72,253.00 40,113.00 25,000.00 6.913.00 227.00 - :650,819.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ($ $ $ $ $ $ $ Actual 2014 8,761.00 455.00 5,138.00 26.00 208.00 201134.00 17,947.00 6,877.00 1,718.00 1,812.00 4,992.00 37,027.00 11,826.00 15.00 547.00 4,093.00 17,721.00 396.00 12,190.00 5,974.00 35,771.00 4,321.00 25.000.00 6,225,00 225.00 - 674,679.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Budget 2015 7,000.00 600.00 4,800.00 400.00 600.00 20,000.00 15,000.00 6,600.00 1,500.00 $4,000.00 $4,500.00 21,000.00 10,000.00 600.00 360.00 3,900.00 18,000.00 11,800.00 7,200.00 41,700.00 - - 25,000.00 5,475.00 225.00 - 11,000.00 - 888,392.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $! $ $ $ $ $ $ $ $... $ Bud e4 2096 16,800.00 600.00 4,800.00 400.00 - 20,400.00 16,000.00 6,600.00 1,200.00 $4,000.00 $4,500.00 21,000.00 - 1,400.00 360.00 3,900.00 18,000.00 - 11,800.00 7,200.00 94,450.00: 39,000.00 - 25,000.00 4,.725.00 225.00 - 15,000.00 10,500.00 737,604.00': $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ forecast 2017 17,000.00 615.00 4,800.00 410.00 - 20,910.00 16,400.00 6,765.00 1,230.00 $41000.00 $4,500.00 22,000.00 - 1,435.00 369.00 3,997.50 18,450.00 12,095.00 7,380.00 139,910.00 - 25,000 00 3,975.00 225.00 62,310.00 37,900.00 10,500.00 801,341135 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ro�ecae, 2018 17,000.00 630.38 4,920.00 420.25 - 21,432.75 16,810.00 6,934.13 1,260.75 $5,000.00 $4,500.00. 22,000.00 1,470.88 378.23 4,097.44 18,911.25 12,397.38 7,564.50 195',698.00 42,000.00 30,000.00 3 „000.00 225.00 64,473.00 39,000.00 17,000.00 8.72,698.88 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $::125,173.00': $ $ $ $ $ $ $ $ $ �•zw 2019 22,000.00 646.13 5,000.00 430.76 21,968.57 17,230.25 7,107.48 1,292.27 $5,000.00 $6,000.00 22,500.00 1,507.65 387.68 4,199.87 19,384.03 12,707.31 7,753.61 - 30,000.00 1;800.00 225.00 63,848.00 21,800.00 7,500,00 +:824,028.70: $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ - - - -- 2020 22,500.00 662.29 5,125.00 441.53 22,517.7 8 17,661.01 7,285.17 1,324.58 $5,000.Oo $5,000.00 22,500.00 1,545.34 397.37 4,304.87 19,868.63 13,024.99 7,947.45 257,703:00 90,000.00 30,000.00 600.00 225.00 63,098.00 63,780.00 10,000.00 971.779:19 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 2021 22,500.00 678.84 5,200.00 452.56 23,080.73 18,102.53 7,467.29 1,357.69 $5,000.00 $5,000.00 23,000.00 .1,583.97 407.31 4,412.49 20,365.35 13,350.62 8,146 14 148;053.00 2022 $ 23,000.00 $ 695.82 $ 5,200.00 $ 463 88 $ 23,657.75 $ 18,555.09 $ 7,653.98 $ 1,391.63 $6,000.00 $5,000.00'. $ 23,000 00 $ 1,62357 $ 417.49 $ 4,522.80 $ 20,874.48 2023 $ 23,000.00 $ 713.21 $ 5,400.00 $ 475 47 $ 24,249.19 $ 19,018.97 $ 7,845.33 $ 1,426.42 $6,000.00 $5,000.00 23,500 00 $ 1,664.16 $ 427.93 $ 4,635.87 2024 $ 23,500.00 $ 731.04 $ 5,400.00 $ 487.36 $ 24,855.42 $ 19,494.45 $ 8,041.46 $ 1,462.08 $6,000.00 $5,000.00 $ 23,500.00 $ 1,705.76 Postage 322 325 331 350 361 381 383 384 Pa ers -Fire Dept. Use of Personal Auto Printing (moved to office sup as 200) Gen. Liability Ins. Electricity Gas Service Garbage Building Repair Building /Grounds Maintenance 401 402 409 418 430 431 433 434 438 440 460 500 580 600 -A 611 620 600 -B 525 -A 525 - B Other Equip. Repair Rentals (moved to Tele. Internet 321) Miscellaneous Meeting Expenses Dues &Subscriptions '.Conferences &Schools 'License & Taxes Other Contractual Services Janitorial Services Capital Outlay (Cash) Apparatus Savings - Reserve or Truck Fund Debt Service Principal 2009 C Bond Interest Series 2009C $ 438.63 $ 4,751.77 $ 21,396.34 $ 21,931.25 $ $ $ $ 13,684.38 $ 14,026.49 $ 14,377.15 $.. 8,349.79 $ 8,558.54 $ .8,772.50 $ ::256,128.00 $ 265,820:00 $ 283 }133.00: $ - $ 46,00000 $ -. $ - $ $ $ $ $ - $ - $ - $ '.. $ - $ - $ 62,273.00 $ 75,780.00 $ 10,000.00 $ 878;005.04 $ - $ - $ 136,348.00 $ 63,780.00 $ 1 0,000.00 $1;003,317.25 $ $ - $ 192,040,00 $ 63,780.00 $ 10,000.00 $1,112,693 :02 $ - $ - $ 194,35100 $ 78,780,00 $ 10,000.00 $1,150,151.89`. Fiscal Agent Fees Series 2009C BondedDebt - Future Apparatus Tools /Equipment ClP or Expenses Facility Repair Fund - Fire Portion $ 282940.00 $ 82,940.00 $ 282,940.00 $ 282,940.00 $ 282,940.00 $ 28$940.00 140o000.00 $ 140,000.00 $ 282,940.00 $ 282,940.00 $ 282,940.00 'Payment Bldg 412 $ 282,940.00 Facility Repair and Maintenance - $ $ $ 125,000.00 82,800.00 21,500.00 $ $ $ 125,000.00 85,284.00 22,175.00 $ $ $ 128,75000 91,350.00 23,750.00 $ 147,000.00 $ 80,177.07 $ 19,398.19 $ 128,750.00 $ 88,700.00 $.. 23,060.00 $ 132,600.00 $ 94,100.00 $ 24,460.00 $ 132,600.00 $ 96,900.00 $ 25,200.00 $ 136,600.00 $ 98,800.00 $ 25,700.00 $ 136,660.00 $ 101,300.00 $ 26,350.00 $ 140,600.00 $ 104,300.00 $ 27,100.00 $ $ $ 140,600.00 107,000.00 27,800.00 124 $ 155,800.00 $ 79,039.47 $ 23,356.39 $ 13,000.00 $ 5,682.00 ;$ 1,204,19426 $ 12,239.40 1.03% $ 6,532.00 $ 3,043.00 $1,560,142.25 $ 128,709.71 8.99% $ 6,662.50 $ 3,103.50 $1,534,459;02 $ (25,683.23) - 1.65% $ 6,795.50 $ 3,165.50 $1,575512.89f $ 41,053.87 2.68% $ 5,612.00 $ 2,650.00 $ 1,188,894.00 $ 15,300.261 -L27% $ 5,80100 $ 1,351.50 $1,260,155.50- $ 71,261.50 $ 5,917.00 $ 2,757.00 $1,333,405.35 $ 73,309.85 5.82% $ 6,035.00 $ 2,812.00 $1,408,335.88 $ 74,870.53 5.61 %.. $ 6,155.50 $ 2,868.00 $11,367,152.20' $ (41,183.69 - 2.92% $ 6,278.50 $ 2,925.00 $1,518,622.69 $ 151,470.49 11.08% $ 6,404.00 $ 2,983.50 $1,431;432.54 $ (87,190.15 -5.74% $ 9,900.00 $ 4,971.00 $ 1;191,954.86 2.86% $.- 1,199,727.86..;.$:7;220,378.26 $ 1)191,954.86 $ 7,773.00. $ 319,855.00 26.83 %` '$ 1,204,194.26 $ 16,184.00 $ 336,041.00 27.91% .$.::1,245,156.00 $ 1,188,894.00 $ 56,262.00 $ 392,303.00 33.00% .:$1,272,011.00: $1,260,155.501 $ 11,855.50 $ 404,158.50 32.07% $1,349,278.16 $1,333,485.35 $ 7,812.81 $ 411,971.31 30.89% $1;386,344.37 $1;408,335.88 $ 21,991.51 $ 389,979.80 27.69% .$1,396,932.78. $1,367,152.20r $ 29,780.58 $ 419,760.38 30.70% $1,476,051.21 $1,518,622.69 $ (42,571.47) $ 377,188.91 24.84% $1,526,090.18 $1,431';432.54 $ 94,657.64 $ 471,846.55 32.96% $1;551,974.99 $1,585,912.00 $1,644;886.00 $1;560,142.25 'i $1,534,459:02 $L575j512.89 $ 8,167.26) $ .463,679.29 29.72% $ 51,452.98 $ 515,132.27 33.57% $ 69,373.11 $ 584,505.38 37.10% -15 J: \admin \Financial, Budgets, Contract, Expenses \201.3 -2024 Budget Forecast \2013 -2024 Forecast Worksheet Capital Improvement Plan Summary (500 -620) CAPITAL IMPROVEMENT PLAN (Detailed Expenses) Apparatus Replacement Tools and Equipment Replacement Facility Repair .Maintenance :. -:Fire Portion Firefighter Staffing & Duty Crews 1 1 � t � , t • • F. c...,....,�f Pn ..of Fnrncant Fnracast Forecast 16- J:\admin \Financial, Budgets, Contract, Expenses \2013 -2024 Budget Forecast\2013 -2024 Forecast Worksheet CC Packet 10 -21 -2015 Actual Actual tsuo eY ouugea 2016 2017 2018 -' - - -- 2019 - 2020 2021 2022 2023 2024 Description Code 2013 2014 2015 $72,253.00 : $35,771.00 $47,700.00 $94;450.00 $139,910.00 ' $195,698.00 .$125,173.00 '$257,703.00., $148,053.00 $256;128.00 .:`$265,820.00:. $283,133.00.. Capital Outlay (Cash) Apparatus 500 $40,113.00 $4,321.00 $0.00 $39,000.00. $0.00 $42,000.00 $0.00 $90,000.00 $0.00 $46,000.00 $0.00 $0.00 Savings - Reserve or Truck Fund Debt Service Principal Serivices 2009 580 600 -A $25,000.00 $25,000.00 $25,000,00 $25,000.00 $25,000.00' $30,000.00. $30000.00 $30000.00 - $0.00 $0.00 $0.00 Bond Interest Series 2009C 611 $6,913.00, $ 6,225.00 $ 5,475.00 $ 4,725.00 $ 3,975.00 $ 3,000.00 $ 1,800.00 $ 600,00 Fiscal Agent Fees Series 2009C 620 $227.00'. $ 225.00 $ 225.00 $ 225.00 $ 225.00 $62,310.00 $ 225.00 $64,473.00 $ 225.00 $63,848..00 $ 225.00 $63,098.00 $62,273,00 $136,348.00 $192,040.00 $194,353.00 Bonded Debt- Future Apparatus 600 -B $000 $11,000.00 $0.00 $15,000.00 $37,900.00 $39,000.00' $21,800.00 $63,780.00 $75.780.00 $63,780.00 $63,780.00 $78,780.00 Tools /Equipment CIP or Expenses 525 -A $ $ 10,500.00 $ 10,500.00 $ 17,000.00 $ 7,500.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Facility Repair Fund - Fire Portion 525 -6 $72,253.00 1 $35,771.00 $30,700.00: $68, 950.00 $91,510.00 '.c$139,698.00 $95;873.00 $183,923.00 $62,273.00::'. $182348.00 ::$192,040.00 - $194,353.00 =: 1 Tanker Pumper 2000 Ga. 600 -A $21,125.00 $21,125.00 $21,125.00 $21,125.00'. $21,125.00 $25,350.00 $25,350.00 $25,350.00 1a Bond Interest Series 2009C 611 $5,841.49. $5,260.13 $4,626.38 $3,992.63 $3,358.88 $2,535.00 $1,521.00 $507.00 1b Fiscal Agent Fee Series 2009C 620 $191.821 $190.13 $190.13 $190.13 $1.90.13 $19013 $190.13 $190.13 2 Chief Officer Vehicle 600 -A $3,875.001 $3,875.00 $3,875.00 $3,875.00 $31875.00 $4,650.00 $4,650.00 $4,650.00 1a Bond Interest Series 2009C 611 $1,071.52 $964.88 $848.63 $732.38 $616.13 $465.00 $279.00 $93.00 1 b Fiscal A gent Fee Series 2009C 620 $35.19 $34.88 $34.88 $34.88 $34.88 $34.88 $34.88 $34.88 3 Duty Officer Vehicle 500 $40,113.00 $4,321.00 $ 621310400 $63,848.00 $631098.00 $62,273.00 $136,348.00 $133,785.00 $136,098.00 4) Aerial Ladder 78 ft. 600 -B .$64,473.00 5) EMS Rescue Truck - SUV 500 - $39,000.00 - $58,255.001 $58,255.00 6) Fire Pumper 1500 GPM 600 -B - $90,000.00 7) Heavy Rescue - Refurbish 500 8). Utility Pickup Truck 500 $42,000.00 9). Fire Pumper 1500 GPM 600 -B $ 46,000.00 10) Chief Officer Vehicle 500 $9,520;00 $59,224.00 $11,000.00 $15,000.00 $37,900.00 $39,tl00.00 0:00 $63;780.00 $78,780.00 [- 1) Equip, Tools, Saws, Ex. Fan 525 -A $2,000.00. $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $8,000.00 $3,000.00 $3,000.00 $6,000.00 $6,000.00 $0.00 $6,000.00 $15,000.00 2) Equip. for New Apparatus 525 -A $0.00 $0.00 $0.00 $9,000.00 $15,000.00 $0.00 $0.00 $0.00 $0.00 $28,980.00 $15,000.00 $28,980.00 $0.00 $28,980.00 $28,980.00 $28,980.00 3). 20 SCBA Masks w / Air Tank 525 -A $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,000.00 $0.00 $0.00 $0.00 $0.00 4 Tablets to Replace MDC's 525 -A $2,520.00 $2,520.00 $0.00 $0.00 $2,400.00 $0.00. $0.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 5). 40 Sets PPE Turn - Out -Gear 525 -A $5,000.00 $25,104.00 $5,000.00 $0.00 $0.00 $0.00 $33,000.00. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 6). SCBA Air Compressor 525 -A $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $10,800.00 $10,800400 $10,800.00 $10,800.00 $10,800.00 $10,800.00 7) 24 - 800 MHz Portable Radios 525 -A $25,600.00 $0.00 $0.00 $141500.00 $0.00 $0400 $0.00 $0.00 $0.00 $0.00 $0.00 8). Lucas Device CPR Machine 525 -A $0.00 $0.00 $3,000.00 $0.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000400 $3,000.00 $3,000.00 $3,000.00 $3,000.00 9). Capital Equipment Reserve 525 -A $ 8,500.00 $ $ - $ 10,500.00 $ ::10,500.00 '$ 17,000.00 $ 7,500.00 $ )10,000.00 $ 10,000:00 $ 10,000.00 $ 10,000.00 `.$10000.00 1). Building Repair & Maint. 401 $ 3,000.00 $ 4,000.00 $4,000.00 $4,000,00 $4,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $6,000.00 $6,000.00 $6,000.00' 2). Grounds Repair & Maint 402 $ 3,600.00 $ 4,500.00 $4,500.00. $4,500.00 $4,500,00 $4,500.00 $6,000.00 $5,000.00 $5,000.00 $5.000.00 $5,000.00 $5,000.00 $ $ - $0.00 $0.00 $0.00 $0.00 $0.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 3). Roof Repair or Replace 525 -B - $ - $000 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4). Facility HVAC Upgrades 525 -B 8,500.00 $ $0.00 $10,500.00 $10,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5). Facility Concrete Repair 525 -B $ - - $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 6). Replace Light Fixtures 525 -B $ - $ - expense $0.00 $0.00 $0.00 $2,500.00 $7,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 7). Replace Carpet - Paint in Out 525 -B $ - $ - $0.00 $0.00 $14,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 18). Resurface App. Bay Floor 525 -B $ - $ - $0.00 $ 19,000.00 $ - 20,000.00 $ 21,750100 $ 23,400.00 $ ..44,600.00 1$ 47,140;00 $ 47;693.00 $ 49,000.00 $ 49,600.00 $ 50,215.00 $ 132,045.00 $: 135,990.00; 1). Duty Officer Wa as $ 16,000.00 $ 17,000.00 $18,750.00 $20,400.00 $21,600.00 $22,140.00 422,693.00 $24,000.00 $24,600.00 $25,215.00 $25,845.00. $26,490.00 2). Fire Marshall / Insp Wages $ 3,000.00 $ 3,000.00 $3,000.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $ $ - $ - $ - $ - $ - $ - $ $83,200.00 $86,500.00 3). Duty Crew FF Staff Wages $ - $ - - $ - $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.001 $20,0017.00 $20,000.00 4). Training -Inspector $ - $ - $ - 16- J:\admin \Financial, Budgets, Contract, Expenses \2013 -2024 Budget Forecast\2013 -2024 Forecast Worksheet CC Packet 10 -21 -2015 • • LIE -17- T U U y y C P Ci of v 6 U L 7 O U) m c v c LL v d J d .0 C U d 7 O J LL N � a U W V, R CL o a LL w Y !K d y O U ci a' ti a v Z 0 j -17- T U U y y C P Ci of v 6 U L 7 O U) m c v c LL v d J d .0 �� F o O -17- T U U y y C P Ci of v 6 U L 7 O U) m c v c LL v d J F o � U W LL w w !K o� o }' N z a v Z Q j i J J O r- Q M ° 0 E e N E O O) 'a 14 d Its i fiF 40 IL Q C 0 vi N c O g N a - U4 0 O C1 tS i� o 4 o n W Q 4 a -2 OW A �I e fR U� d w 09 w y tto o 3 ° ` S J Q rU V � a o wo rL;u� x. Le p . j- b f V U .r C V o 1 L lu r CL u CD Lo Ul Q ° c a y m _y m 0 y m 0-0 s � o LL o (n z -17- T U U y y C P Ci of v 6 U L 7 O U) m c v c LL v d J u1 w oo u z a v Z O Z i Q 0 N 14 Xi- Its i fiF 40 vi a - U4 0 O C1 tS i� o 4 o n W Q 4 a -2 OW e fR U� w 09 y tto 3 ° ` S J i rU V rL o wo rL;u� x. Le p . j- b f V U .r C 1 L lu r z n u Lo 73 Lo Ul f6 ° s �- d 0 sh�yy 0. W 0 K 0-0 s 4! LL 4 f v pt W U„ U11 �l in CE Ltl� U) lL Ili S1 -17- T U U y y C P Ci of v 6 U L 7 O U) m c v c LL v d J CITY OF • r CAPITAL s r +�_ii, Your File Name: CIP2015 Prepared By: G. Pederson PROD. NO.: fire 001 LEVEL: 1 - Critical PAGE NO.: 1 of 4 & LOCATION Replacement program that replaces old obsolete fire apparatus with new and better fire apparatus $ JUSTIFICATION Continue to replace fire trucks to meet the needs of the community and to improve department capabilities FUNDING: By all contract fire service cities including Mound. Approximately 55 - 60 % funded by the city of Mound COST $ 48.000.00 1 $731.000.00' 1 t$ 4� 2.000.00 1 $ 90,000.00 1) Tanker Pumper 2000 Ga. Fire Apparatus Replacement Fund ENT: Fire Department TITLE: Fire Truck Replacement Program _START: 2007 _ COMPLETION.: On -going Your File Name: CIP2015 Prepared By: G. Pederson PROD. NO.: fire 001 LEVEL: 1 - Critical PAGE NO.: 1 of 4 & LOCATION Replacement program that replaces old obsolete fire apparatus with new and better fire apparatus $ JUSTIFICATION Continue to replace fire trucks to meet the needs of the community and to improve department capabilities FUNDING: By all contract fire service cities including Mound. Approximately 55 - 60 % funded by the city of Mound COST $ 48.000.00 1 $731.000.00' 1 t$ 4� 2.000.00 1 $ 90,000.00 1) Tanker Pumper 2000 Ga. 1 $27,150.001 $27,150.001 $27,150.001 $25,458.00 $24,820.00 $28,241.00 $27,221.00 $26,201.00 $213,391.uu Wuu 2) Chief Officer Vehicle $4,988.00 $4,988.00 $4,988.00 $4,492.00 $4 „380,00 $4,984.00 $4,804.00 $4,624.00 $ 46,000.00 $84,248.00 $0.00 3) Duty Officer Vehicle $42,315.00 $42,315.00 $52,000.00 4) Aerial Ladder 78 ft. $ 62,310.00 $64,473.00 $63,848.00 $63,098.00 $62,273.00 $136,348.00 $133,785.00 $136,098.00 $722,233.00 $138,173.00 5) EMS Rescue Truck - PU /SUV $48,000.00 $48,000.00 $0.00 6) Fire Pumper 1500 GPM $58,255.00 $58,255.00 $116,510.00 $466,040.00 7) Heavy Rescue - Refurbish $90,000.00 $90000.00 $0.00 8). Utility Pickup Truck $42,000.00 $42,000.00 $0.00 9). Fire Pumper 1500 GPM $0.00 $550,000.00 Total Expenditures $32,138.00 $74,453.00 $80,138.00 $29,950.00 $91,510.00 $139,698.00 $95,873.00 $183,923.00 $62,273.00 $182,348.00 $192,040.00 $194,353.00 $1,358,697.00 $656,213.00 Truck Fund Contribution $37,101.50 $15,494.00 $48,000.00 $51,000.00 $54,000.00 ' $57,000.00 $60,000.00 $63,000.00 $95,000.00 $98,000.00 : $151;000;00 "$154,000.00 $883,595.50 $850,000.00 Fund Addition or Draw Down >$0.00 , $51,000.00 $,5,31`0700 $49,4 3.00 $3,845,00, $90098A0 $32,727.00 $84,;348.00 . $41,040 >00 $44 353;,00 $401,197.00 Fund Balance $319,855.00 $336,041.00 $336,041.00 $387,041.00 $378,731.00 $329,258.001 $325,410.00 $235,312.00 $268,039.00 $183,691.00 $142,651.00 $102,298.00 Apparatus Sales Revenue $ 20,000.00 Fund Balance - overall 2013 -2024 Forcast - FINAL Draft 10/06/2015 Capital Improvement -Fire Apparatus - Budget Financial in E: \Fire Commission and Mound CC Budget Presentations \2013 -2014 CIP All Categories \2013 -2024 Capital Improvement Plan - Fire Apparatus CIP2015 (FINAL) 10062015 PROJECT TITLE: SCHEDULE START: SCHEDULE COMPLETION.: DESCRIPTION & LOCATION CITY OF MOUND Your File Name Prepared By: CAPITAL IMPROVEMENT PROGRAM Fire Tools and Equipment Replacement PROD. NO. Fire Department LEVEL: Firefighting Equipment Replacement Program PAGE NO.: 2007 On -going CIP2016 G. Pederson Fire 002 1 - Critical 2of4 Replacement program that replaces old tools, equipment, safety gear with new and all Breathing Apparatus (SCBA) PURPOSE & JUSTIFICATION Safety - Replacement of necessary firefighting tools, equipment, and firefighter personal protective equipment FUNDING: By all contract fire service cities including Mound. Approximately 55 - 60 % funded by the city of Mound COST 1) Equip, Tools, Saws, Ex. Fan $2,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $8,000.00 $3,000.00 $3,000.00 $6,000.00 $6,000.001 $6,000.00 $49,000.00 $50,000.00 2) Equip. for New Apparatus $0.00 $0.00 $0.00 $9,000.00 $15,000.00 $0.00 $0.00 $0.00 ! $15,000.00 $0.00 $0.001 $15,000.00! $54,000.00 $60,000.00 3) 20 SCBA Masks w/ Air Tank $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $28,980.00 $28,980.00 $28,980.00 $28,980.00 $28,980.00 $144,900.00 $7,500.00 4) Tablets to Replace MDC's $2,520.00 $2,520.00 $0.00 $0.00 $2,400.00 $0.00 $0.00 $3,000.00 $0.00 $0.00 $0.00 $0.00 $10,440.00 $5,000.00 5) 40 Sets PPE Turn - Out -Gear $5,000.00 $25,104.00 $5,000.00 $0.00 $0.00 $0.00 $0.00 $15,600.00 ? $15,000.00 $15,000.00 $15,000.00 $15,000.00 $110,104.00 $18,000.00 6) SCBA Air Compressor $0.00 $0.00 $0.00 $0.00 $0.00 $33,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $33,000.00 $0.00 7) 24 - 800 MHz Portable Radios $0.00 $25,600.001 $0.001 wool $0.00 $0.00 $10,800.001 ? $10,800.00 $10,800.00 $10,800.00 $10,800.001 $90,400.001 $23,420.00 8) Lucas Device CPR Machine $0.00 $0.00 $0.00 $0.00 $14,500.00 $0.00 $0.001 $0.001 $0.00 Woul $0.00 $0.00 $14,500.00 $0.00 9) Capital Equipment Reserve $0.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $33,000.00 $15,000.00 TOTAL 1 $9,520.00 $59,224.001 $11,000.001 $15,000.001 $37,900.00 $39,000.00 $21,800.001 $63,780.001 $75,780.001 $63,780.001 $63,780.001 $78,780.001 $539,344.001 $178,920.00 10/ 612004 - updated August 17, 2015 Capital Improvement -Fire Equipment - Budget Financial -19- E: \Fire Commission and Mound CC Budget Presentations \2013 -2014 GIP All Categories \2013 -2024 Capital Improvement Plan - Fire Equipment CIP2016 (FINAL DRAFT) CITY OF MOUND Your File Name: CIP2016 Prepared By: G. Pederson CAPITAL IMPROVEMENT PROGRAM FUND: Fire Operations Fund 2023 PROJ. NO.: Fire 004 DEPARTMENT: Fire Department LEVEL: 2 - Efficiency PROJECT TITLE: Firefighter Staffing and Duty Crews PAGE NO.: 4 of 4 SCHEDULE START: 2007 $24,000.001 SCHEDULE COMPLETION.: On -going DESCRIPTION & LOCATION Hire firefighter part -time staff to occupy fire stations as needed. & JUSTIFICATION Staff station(s) with partime firefighters to enhance response times during critical time periods as needed. FUNDING: By all contract fire service cities including Mound. Approximately 55 - 60 % funded by the city of Mound COST CATEGORY 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TOTAL 2025 -2029 1). Duty Officer wages $16,60.001 $17,000.001 $18,750.001 $20,400.001 $21,600.001 $22,140.001 $22,693.001 $24,000.001 $24,600.001 $25,215.001 $25,845.001 $26,490.001 $264,733.001 $90,000.00 2). Fire Marshal/ Insp wages $3,000.001 s3,bbo.00l $3,000.00 $3,000-001 $3,000.001 $5,060.001 $5,000.00 $5,000.001 $5,000.001 $5,000.00 $3,000.00 $3,000.00 $46,000.00 125,000.00 3). Duty Crew FF Staff Wages $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $83,200.00 $86,500.00 $169,700.00 $445,475.00 Al I I I I I I I 1 1 $0.00 TOTAL I sig,ocio.o-oT $20,000.001 $21.750.001 $23.400.001 $44.600.001 $47.140.001 $47,693.001 $49,000.001 $49,600,001 $50,215.001 $132,045.001 $135,990.001 640,433.00 560,475.00 10/6/2004 - updated August 18, 2015 Capital Improvement- Firefighter Salaries - Budget Financial -20- TITLE: _ START: COMPLETION.: & LOCATION CITY OF MOUND CAPITAL IMPROVEMENT PROGRAM Facility Repair and Maintenance - Fire Portion Fire Department Public Safety Facility Repair and Maintenance 2007 Your File Name: CIP2016 Prepared By: G. Pederson PROD. NO.: Fire 003 LEVEL: 1 - Critical PAGE NO.: 3 of 4 Repair, maintenance and upkeep of Public Safety Facility - 2415 Wilshire Blvd., Mound & JUSTIFICATION To maintain the quality, appearance, and functionality of the Fire & Police Public Safety Facility FUNDING: By City of Mound and a portion 1 COST CATEGORY 201 1). Building Repair & Maint. $3,0 2). Grounds Repair & Maint. $3,6 3). Roof Repair or Replace $0.00 $0.00 4). Facilty HVAC Upgrades $8,5 5). Facility Concrete Repair $0.00 6). Replace Light Fixtures Rn no 7). Replace Carpet - Paint In -Out 8). Resurface App. Bay Floor TOTAL $15,11 10/6/2004 - updated August 18, 2015 Capital Improvement -PS Facility Grounds - Facility by contract fire service cities including Mound. Approximately 55 - 60 3 2014 2015 2016 2017 00.00 $4,000.00 $4,000.00 $4,500.00 $0.00 $0.00 $0.00 expense $0.00 $0.00 $0.00 $4,501 $0.00 $0.00 $10,500.00 $0.00 $0.00 $0.00 $4,000.00 $4,500.00 $0.00 $0.00 $10,500.00 $0.00 $0.00 $0.00 i 'I 00.00 $4,500.00 $0.00 $0.00 00.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Rn no $$0.00 0.00 the $5,000.00 E, i I I $0.00 E1Fire Commission and Mound CC Budget Presentaticns12013 -2014 CIP All Categories \2013 -2014 Capital Improvement Plan - PS Facility Grounds CIP2016 (FINAL DRAFT) $0 $30,000.00 $12,000.00 $21,600.00 $10.000.00 $14,500.00 $13,500.00 223,600.00 $132,600.00 -21- il� • 1 Apparatus Needs Analysis and Planning 1. Review apparatus utilization history, data, and charts 2. Discuss all commercial and residential development projects 3. Review ISO public protection classifications — all cities 4. Review the various existing plan(s), options, and KFS plan 5. Consider the budget and funding issues 6. Establish priorities for ALL cities we serve 7. Formulate a basic strategy for investigating MFD apparatus replacement and purchase options. 8. Finalize apparatus needs replacement and plan for all fire stations 9. Adjourn Priorities Highlight ti indicates:app"±aiatuspurdrased. " " j:\admin\ operations \apparatus \apparatus info=mation\2015 appartus replacement committee \apparatus needs and analysis 2004 2016.doc -22- W .O (6 J M C N 3 U C U CL O U CL C CU 0 • .� L C' Q,j O a- U 4= f6 m > O c c C� �0 W CW 4-+ G d 0— C U t6 m C C 0 cl,. N O O_ U L O O tB m C O E 0 .O cr �D N N C O a N N N m 'O O L N W N O O_ ca cu O U Q .O N fu N O (D a) O C (4f N O cu L O Q O N toO L _O N C O N -23- 'O iN O O O cu co CD cu L i O Q O O Q- < L � U N O - O m O O U O tB N O ~ O lq- MEJ}- `- N O O m O - X O O C U U O (6 L N N m pC -O N O � U U- o a) a) L O ca N N d E I i N w N L _M n Q O -0 'O m �Q% � TmR /a1 MO mow. L C C (n �V > N t6 N Z LO U- ; N N N (0 U cn CU 0- 00 C N -0 Q- � L, m O m O O iz Q O a) ISO Public Protection Classification Ratings Fire Protection Area With hydrants Without llydrants PPC Rating Old vs. New Old N'fn, Newest Old NecN Newest Mound 4 4 4 none N/A N /w4. Minnetonka Beach 7 6 4 none N/A N/ Shorewood 6 5 NA 9 Spring Park 6 4 4 none N/A N /.4 Minnetrista 8 4 4 9 4 5/10 ¢ l i'1,; 1; Co 3 ef P was (Arcc£ive: dato 4!sarch 1, 2009 2), Newest PI'C rating wiil be effective January 1, 2015 NOTES: 1. Residential property insurance rates only improve up to an I.S.O. Rating of 7; anything above a rating of 7 generally does change /reduce insurance premiums for residential properties. 2. The most recent Insurance Services Office (ISO) Public Protection Classification audit for the Mound Fire Dept, and our service area cities was completed in 2014, with the results published and effective date of January 1, 2015. 3. ISO recently changed the Fire Suppression Rating Schedule (FSPS) system which effects the Public Protection Classification rating for cites. 4. ISO audits are typically done approximately every 5 -6 (was every 10) years. Oi! -24- Mound Fire Department 11 inifiaratus Utilization and Response Concepts We must evaluate and implement a short term and long term plan that reconfigures our apparatus and equipment fleet, and then implement response sequence changes that are more appropriate, efficient and effective. r l_�x,W.,:, Sts alm Pi EMS" 3'l Accident `JJLd�!plhza d Seas c Calls r No Major change Smaller Apparatus Smaller Apparatus? Change response Not sure, needs TBD Change Response 009 or be and 004 or be on Late in 2008 009 or be and Comments, Concepts, Action Items and Implementations Steps: 1. Dispose of some of our OLDER JUNK apparatus that we do not need! (i.e. F- Troop, Gamma Goat, R19) 2. Evaluate our utilization of each apparatus and apparatus type to determine usefulness and justify future purchase. 3. Better utilize our Existing Apparatus by establishing and redefining each apparatus purpose (Grass #11, Utility #22) 4. Brainstorm about better and more sensible apparatus purchase while considering our ISO PPC rating...$$$$ 5. Possibly reduce the numbers of apparatus, replace apparatus we need, have better newer equipment, or at a minimum less expensive apparatus when BIG BUCK HIGH TICKET $$ trucks are not needed. 6. End Result: Newer — Better — More Efficient — More Appropriately Equipped — Less to Maintain, Check or Test, and Repair —Ready for AnythingAWaratus Random thoughts: 1. Our emergency response calls are more unusual and bizarre than ever before — we get called out for anything and everything which requires a NEW SET of Rules and Tools! 2. Actual Fire calls are less than in the past, special calls for services are more than ever. 3. We need a smaller well equipped (loaded with stuff) combined use vehicle for Special Response Calls, EMS, Service Calls, Duty Officer, Light Response Vehicle. 4. Our small Grass Rig Mini - Pumper works well and needs more use! 5. Our Utility Truck #22 needs to be reengaged and out back into the mix, but needs a revamp of inventory, tools and equipment to make it more useful. 6. We need to determine if we are prepared for all types of calls and what we might want to add to our toll box of tools and training. What types of calls should we train for? What kind tools and equipment do we need that we don't have? -25- } � / a 4 � - Y ati h M s 4 y1. O O O O O O O C) N r d) O sdAl, snlejsddV Aq sasu®dsoM -27- I D W 0 mcn co 0 � m as rs (m ®t y� 1 I 9 2415 Wilshire Boulevard Mound, MN 55364 Main: 952 4723555 Fax: 9' )2 wvvsv.moundframm October 5, 2015 Fire Chief Greg Pederson: Over the last several months the apparatus committee has been working on a recommendation for the replacement of our current 1981 Sutphen 100' ladder truck and our 1998 Ford F -350 Rescue truck. The Committee goal was to determine what vehicle type we felt was the best purchase option to replace each of the two trucks. These decisions were made based on a current community needs assessment, prior incident response data, and potential future growth considerations. A priority goal of the truck committee was that any purchase recommendation we made meet the community's needs yet be cost- effective. Simply put, the cost /benefit of each truck recommendation should provide a significant value to the taxpayer and the communities that we serve. Rescue Truck Recommendation: Based on the community needs assessment outlined above, the truck committee recommends the following: The current 1998 Ford rescue truck is replaced with a 2016 Chevrolet Suburban (1/2 ton). The truck committee determined that: Approximately 55% of MFD annual calls are emergency medical calls. This number has been consistent over the last 5 years. The current multi - purpose EMS response vehicle would be extremely expensive to replace (with a similarly configured vehicle). Rescue and extrication capabilities can be successfully accomplished using other current apparatus (at no increased cost). ® A smaller, more maneuverable medical response vehicle would decrease costs without decreasing department services or capabilities. Maintenance costs will also decrease. ® A Chevrolet Suburban was felt to be the most cost - effective truck option to perform emergency medical response — while maintaining the ability to carry all desired medical equipment, including backboard. The truck committee considered a a/ ton Chevrolet Pickup (diesel powered) and custom modular topper as a second option. However, the initial Pickup truck cost was considerably more than the Suburban option (Minnesota State Bid purchase prices). The additional cost of the custom modular topper further increased the cost of this second option. This second option also offered no additional functional capability over the Chevrolet Suburban. j: \admin \operations \apparatus \apparatus inform ation \2015 appartus replacement committee \i0 -05- 2015 a a pparatus recommendation letter, docx i The Chevrolet Suburban is currently in the bid process for the state bid contract. Based on the 2015 numbers the estimated cost in 2015 would be $42,000.00. In contacting the 2015 contract holder they recommended adding 5% to the 2015 price to estimate for the 2016 pricing. Based on that information the cost of the vehicle before equipment, graphics or lighting the price would be in the area of $44,100.00. The committee recommends an additional $10,000.00 for the added equipment, graphics and lighting. Aerial Apparatus Recommendation: Current models from E -One, Pierce and Sutphen were considered, all being single source manufacturers. All manufacturers currently produce an apparatus that meet the community needs analysis. The E -One was the most cost - effective option. The Pierce and Sutphen models offered no advantages over the E -One and were considerably more expensive. The models considered are currently offered in 75 ft., 78 ft., 105 ft., and 107 ft. ladder lengths. The truck committee determined that: • Limited access to some areas will limit available aerial ladder use to one ortwo sides of the building. Entry /Exit requirements require the apparatus to be highly maneuverable. • A 75 -78 ft. ladder would meet almost all the current community needs at decreased cost versus the 105- 107 foot ladder options. • The shorter wheelbase and increased maneuverability of a single axle 75 -78 ft. ladder was felt to be a considerable advantage over a dual axle 105 foot ladder. A single axle 107 ft. ladder was considered. However, the product is a new design with no deliveries to date —and was considerably more expensive. The committee felt that the cost /benefit of this option was not justified. • An aluminum ladder was desired due to its lower weight and decreased maintenance costs. • The E -One HP 78 was the most cost - effective apparatus offered with a 75/78 foot aluminum ladder. The E -One HP78 ladder truck is available for purchase under the HGAC Buy Program. This program offers a lower price compared to the traditional bidding process. The committee has specified a ladder truck that would meet the needs addressed above. The cost of the apparatus would be $731,000.00. The committee also recommends that an additional $18,000.00 - $20,000.00 be allocated for equipping the truck. The committee members were: Asst. Chief of Operations Tony Myers, Captain Jason Maas, Lieutenant Jason Rice, Firefighter Mike Foley and Firefighter Paul Jolicouer. Please let me know if you have any questions. Sincerely, Tony Myers Assistant Chief of Operations j: \admin \operations \apparatus \apparatus information \2015 appartus replacement committee \10 -05 -2015 apparatus recommendation letter. docx -2.9- Cltv of I Mound, MN tt #» .,_ . Back End Loaded Debt Service Assumes Current Market BQ "AA" Rates plus 25bps Da1F pirl n0 pa, Ce�aapan Interest Total P41 s'@5ca9'fO d 08/01/2015 - - - - ' 08/0112016 - - 14,872.50 14,87250 - 02/01/2017 40,000.00 1.000% 7,436.25 47,436.25 62,308.75 08/01/2017 - - 7,236.25 7,236.25 - 02/01/2018 50,000.00 1.250% 7,236.25 57,236.25 64,472.50 08/01/2018 - - 6,923.75 6,923.75 - 02/01/2019 50,000.00 1.500% 6,92175 56,923.75 63,847.50 08/01/2019 - - 6,548.75 6,548.75 - 02/01/2020 50,000.00 1.650% 6,548.75 56,548.75 63,097.50 08/01/2020 - - 6,136.25 6,136.25 - 02/01/2021 50,000.00 1.850% 6,136.25 56,136.25 62,272.50 08/01/2021 - - 5,673.75 5,673.75 - 02/OM022 125,000.00 2.050% 5,673.75 130,673.75 136,347.50 08/01/2022 - - 4,392.50 4,392.50 - 02/O1/2023 125,000.00 2.150% 4,392.50 129,39150 133,785.00 08/01/2023 - - 3,048.75 3,048.75 - 02/O1/2024 130,000.00 2.250% 3,048.75 133,048.75 136,097.50 08/01/2024 - - 1,586.25 1,586.25 - 02/O1/2025 135,000.00 2.350% 1,586.25 136,586.25 138,172.50 Total $755,000.00 - $105,401.25 $860,401.25 - vfWeti StaNskme s Bond Year Dollars %4,997.50 Average Life 6.619 Years Average Coupon 2.1090795% Net Interest Cost (NIC) 22903702% True Interest Cost (TIC) 2.2996052% Bond Yield for Arbitrage Purposes 2.1019507% All Inclusive Cost (AIC) 25324768% Rs Form 8038 Net Interest Cost 2.1090795% Weighted Average Maturity 6.619 Years Series 2015 GO Equip Cert I SINGLE PURPOSE 1 6/4/2015 1 3:45 PM LEADEkS IN PUBLIC FINANCE $Q- Mound Fire Department 2015 Apparatus Committee — Basic Roles and Responsibilities Key Dates: August 19, 2015 Fire Commission approval of Long Term Financial Plan October 7, 2015: Fire Commission approval of apparatus purchase plan October 21, 2015: Mound City Council review of Financial and CIP plan October 27, 2015: City Council Adopts Resolution to Purchase Apparatus October 29, 2015 Tentative — place order for E -One HP78 Ladder Truck Fire Chief — Administration 1. Create concept plans, and gain Fire Commission and City Council approval: • Long Term Budget and Financial Plan • Capital Improvement Plans (spending) • Establish and meet Schedules 2. Justify all purchases as listed in the Capital Improvement Plants) 3. Approve the Board of Directors (FD) and Apparatus Committee recommendations 4. Gain final $$ spending approval, write resolutions, and order assets 5. Receive and Implement Board of Directors 1. Evaluate all aspects of existing apparatus fleet, utilization, and future needs. 2. Determine current needs and prioritize apparatus replacement 3. Assist Fire Chief with apparatus budget, and formulate a plan 4. Support the plan and help implement the plan Apparatus Committee 1. Become well informed, research available options, understand key decision making factors, and help justify apparatus replacement. 2. Based upon concept plan, determine the specific type and needs of apparatus to be purchased. 3. Recommend apparatus type, size, make, model, design features, to improve utilization plan. 4. Work to implement the final apparatus purchase plan, within the established budget. 5. Determine final specifications, approve and travel to manufacturing site as necessary to achieve apparatus design goals. 6. Determine equipment needs for each apparatus 7. Assist with getting apparatus "In Service" and "Training" -31- MEMORANDUM Date: October 14, 2015 To: City Mayor and City Council From: Catherine Pausche, Director of Finance and Administrative Services Subject: Discussion on Proposed Changes to the City Code and Other Policies Over the course of the year, Staff has been brainstorming needed changes to the city code. Some of these have been presented to the council and /or advisory commissions on some level, some not. Some are further developed and may be ready for action and some may need further consideration and research. It may be valuable to develop a "standard" for presenting proposed changes to the city code and /or formalized policy and procedures. Not all steps may be necessary depending on the complexity of the issue, but Staff would appreciate any feedback on the check list below. It may also serve as a guide in reviewing the proposed changes included in the workshop's packet. Checklist for Changes to City Code or New /Revised Policies 1. Current language, if applicable 2. Anecdotes of what is driving the need for change and requestor, if applicable 3. Staff research and findings 4. Key stakeholder memos, city council and advisory commission minutes pertinent to issue 5. Proposed language (preferably a draft of proposed language specific to Mound, otherwise samples from other cities) 6. Possible options /alternatives, pros and cons, financial /enforcement /service level impacts 7. Research on what are other cities doing B. Staff recommendation 9. Next steps, direction on need for additional info /research, etc. 10. if adopted, determine whether to publish in entirety or by title and summary -32- MEMORANDUM Date: October 15, 2015 To: Mayor and City Council From: Catherine Pausche, Director of Finance and Administrative Services Greg Pederson, Fire Chief Subject: City Code Amendment - Chapter 30 Fire Prevention and Protection The proposed ordinance is to amend areas of the City Code as it relates to Fire Prevention and Protection. The proposed changes are intended to address: • Updating City Code definitions and requirements to be compatible with the State Fire Code • Restrict Open Burning to very few and prescribed instances which are delineated in code - this would eliminate private residences from requesting a burn permit and limit private residences to recreational fires only • Establish code language which describes the administrative consequences for illegal use of the Commons • Restrict the hours recreational fires should be allowed. Spring Park and Minnetonka Beach do not issue open burn permits. Minnetrista, with its expansive lots, does issue open burn permits. Staff feels the density in Mound does not adequately accommodate open burning and leads to neighbor disputes and poses unnecessary risks, including reduced air quality. The City of Mound contracts with SET /The Mulch Store for leaf and brush drop off and compost and chipping are also alternatives. The Fire Chief does not recall a year when more than 5 open burn permits were issued, so demand has been limited. Once again, recreational fires would still be allowed and are felt to be more appropriate for Mound's average lot size. Staff recommends adopting the proposed changes as shown in the attached ordinance amending Chapter 30 of the City Code. -33- CITY OF MOUND ORDINANCE -2015 AN ORDINANCE AMENDING CHAPTER 30 OF THE MOUND CITY CODE AS IT RELATES TO ADMINISTRATION The City of Mound does ordain: Section 1. Subsection 30 -50 (b). Recreational Fires; Definitions, of the Mound City Code is hereby amended as follows: Combustible material means things such as wood paper and plastics. Competent, unimpaired adult means a person over 18 years of age who is not under the influence of alcohol or other drugs, who shall be the responsible party for directly supervising ai- epen - burn recreational fire and who shall be responsible for ensuring compliance with this section. Fire Chief means the appointed Fire Chief or any individual designated by the Fire Chief to perform specific duties. Recreational fire means a fire set for cooking or warming or other recreational purposes which is not more than three feet in diameter and three two feet in flame height, and has a noncombustible separation between the fire area and adjoining combustible material such as bricks or stones and has had the ground twen -five feet from the base of the fire cleared of all combustible material. Starter fuels mean dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles, commercially available products for use in starting charcoal grills and alcohols are permitted as starter fuels and as aides to ignition only. Propane gas torches or other clean burning devices causing minimal pollution may be used to start up an open a recreational fire. The term "starter fuels" does not include gasoline, diesel fuel, kerosene, and heating oil which are expressly prohibited. Wood means dry, clean wood from trees €uel only, such as twigs, branches, limbs, "Westo Logs," --,egT charcoal and cord wood. and- unt-feated dimensienal lumber, The ,m "file," does not include Burning wood that is green; leaves or needles; grass clippings; garden waste; wood that is rotten, oil soaked or treated with paint, glue or preservative; plywood, ap Vets, particle board, chip board, finished paneling, or painted, treated, or stained cardboard or paper is expressly prohibited. Section 2. Subsection 30 -50 (c). Recreational Fires; Requirements, of the Mound City Code is hereby amended as follows: (6) The recreational fire shall be located 25 feet a safe - distaaee from any structure or combustible material unless the fire is in an approved container and is not less than 15 feet (4572 mm) from a structure. (7) Recreational fires may be conducted between 7:00 a.m. and midnight at-atty4ime -34- Section 3. Subsection 30 -51. Burning restrictions,— �er " " "y" d, of the Mound City Code is hereby amended as follows: Sec. 30 -51. (a) Open burning prohibited. In addition to the requirement contained in section 30 -50, it shall be unlawful for any person to start or allow burning any open fire, except a recreational fire on any private property within the city or in certain exceptions as described section 30- 51(e). - '`+eut�a- m't issued tindef this seetie . No pefmit shall be Fequired of any a fieial fire set by pfevided in septign 30 49 (b) Rules adopted by reference. Minn. Rules pts. 7005.0705- 7005.0805 of the Minnesota Pollution Control Agency are hereby adopted by reference and made a part of this Code as if fully set forth herein. (c) Person designated to issue permits. The Fire Chief or Deputy Fire Marshal are is hereby authorized to issue permits under this section, and may establish reasonable permit conditions for open burning consistent with the rules adopted herein. The signature of the Fire Ghief4s-neeessaity for a permit to be issup4 The applieaff�_�� fee as established by4he-eity (d) Amendment to the state fire code Section 105,630, are hereby adopted by reference and made a part of this Code as fully set forth herein with the exception of deleting "Open Burning," as adopted by the state fire code and replacing it with the following section (e): (e) Certain Open Fires Permitted An open burning permit may be issued for the following purposes: (1) Instruction and training of firefighting personnel. (2) Abatement of hazards that in the opinion of the fire chief cannot be abated by other reasonable means. (3) Management of vegetation by the jurisdiction other governmental agencies, or other individuals that in the opinion of the fire chief, show a valid need and under the direction of the fire department. (4) Special events or ceremonies by recognized organizations, under the direct supervision of the fire department. Passed by the City Council this _ day of 2015 Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk Published in the Laker the _ of 2015. Effective the day of -2015. -35- A _�Si�N OF MOUND__.. ADMIN POLICY - VACATION OF PUBLIC LANDS LEADING TO PUBLIC WATER Original Adoption: xx /xx /xx Reviewed /Updated: TBD Reference No. ADMIN -003 Purpose and Scope - This policy is intended for situations where the City has been asked to vacate or release, sell or convey city -owned public lands, including roads, streets, alleys, fire lanes, public easements that abut commons, park, road or street right of way which extends to or terminates at public waters. The city council makes the following findings of fact: a. Specifically, road accesses provide access to Commons or similar type property that extend to public water including Lake Minnetonka and is counted in the City's overall shoreline count for the City dock program's license with the Lake Minnetonka Conservation District (LMCD). b. Road accesses or similar rights of way or easements are used by neighborhoods and by the general public to gain access to public waters, including, but not limited to Lake Minnetonka. C. Platted roads or similar property (i.e, park, commons, etc.) that may not be currently improved, may be needed at some time in the future for right -of -right or utilities construction corridor purposes. d. The Minnesota DNR typically supports that public access to public water be maintained for current and future overall enjoyment by the general public. e. The public benefit of putting property back on the tax rolls is a high threshold and often the parcels are not buildable /sufficient size to for redevelopment without additional variances. f. The City Council recognizes that significant time and resources can be devoted'to these requests by the applicant. For these reasons, the City Council disfavors requests to vacate, release, sell, or convey city - owned public lands. The City of Mound desires to maintain these types of properties for the overall public good of the City including maintaining the City's dock program and to provide for current and future public access to and use of public water. This policy does not prohibit an application made pursuant to the provisions in Minnesota Statutes Section 412.851. -36- 2415 Wilshire Boulevard Mound, MN 55364 (952) 472 -0604 MEMORANDUM To: Honorable Mayor and City Council City of Mound Planning and Building Department From: Sarah Smith, Community Development Director Date: October 15, 2015 Re: City Council Workshop Item - Rental Registration Research and Discussion Overview. At the August 25th City Council meeting, the City Attorney was requested to generate some samples and chart the types of rental registration tools being used by surrounding communities for review and discussion at the October 21st City Council special meeting workshop. Rental Registration Procedures and Samples. Provided below are website links for the Cites of New Hope, Eagan, Apple Valley and Long Lake related to rental registration. Additionally, copies of registration information and forms from these cities are being provided. It is worth mentioning that the forms used by the Cities of Eagan, Apple Valley and Long Lake are very similar. New Hope: http //www ci new hope mn us/ departments /communitydevelopment /rental /index shtml (Note: Kindly disregard inspection and point of conversion element. Also, the fee is reduced if the owner attends a landlord class. ) Eagan: http / w-ww cityofeagan com /index php/planning- zoning /ctt6Lcode- enforcement /rental - registration Apple Valley: http //www ci apple - valley mn us /index aspx?NID =280 Long Lake: http //www longlakemn goy /index aspvTWe =B BASIC &SEC= Y7BEDABF2FB- 4042- 427F -AE42- 004FFDE6A670 %7D Summary of Rental Regulations in Surrounding Communities. Community Program Long Lake Registration, no fee Minnetrista No regulation Spring Park None found Minnetonka Beach None found Tonka Bay None found Shorewood Licenses and inspects rental properties Orono None found Additional Documentation. A summary from 2010 of the rental licensing requirements for all cities in Hennepin County, including those of our neighboring communities, is attached. In addition, a table of pros and cons, feedback from Orono PD and the Hennepin County Assessor, as well an excerpt from the August 25th regular meeting minutes have been included. -37- Residential Rental Registration The City of Eagan requires all residential rental properties to be registered. Registration is required to help ensure, through relationship and education, that rental housing in the City is decent, safe and sanitary, and is maintained as to not become a nuisance. Either a rental property owner or rental manager shall register all residential rental properties with the City of Eagan. In the case of a transfer of ownership, change in rental manager, change in the number of rental units or change in dwelling occupancy from owner to tenant, the owner or property manager shall complete and submit a registration form for every property affected. Rental Registration Application Helpful Code Compliance Tips Landlord and Tenant Rights Handout Crime Free /Drug Free Lease Addendum Handout List of Commercial Rental Properties Rental Registration Ordinance Yi.0 L m I(I Either a property owner or rental manager shall register all residential rental properties with the City of Eagan. In the case of a transfer of ownership, change in rental manager, change in the number of rental units or change in dwelling occupancy from owner occupancy to rental tenant occupancy, the property owner or rental property manager shall complete and submit a registration form for every property affected by the transfer within thirty (30) days of the transfer. Please complete one registration form for each residential rental property address Check one of the following that applies: ❑ New Rental Registration ❑ Change of address /phone number ❑ Change of owner ❑ Change of rental manager ❑ Change in number of units ❑ Change from owner to rental occupancy Name: Address Number /Street: City: Primary Phone: Email: -39- State: Alternate Phone: Zip: Page 1 of 2 Name: t.: APPLICANT/ Address Number /Street: REGIS] (pgrson ;; City: State: Zip: z ,,�, complet}rig(orrit} Primary Phone: Alternate Phone: { t r1} Email: .,k 5n i 1 11�5a REF�TL Address Number: Street Zip: PROPERTY INIz `Kh �}ON Number of Rental Units: Building Name (if applicable): Name: Address Number /Street: City: Primary Phone: Email: -39- State: Alternate Phone: Zip: Page 1 of 2 SEE REVERSE 4 " A rental manager is required. A rental manager is any person who has been delegated by the residential rental property owner with the charge, care or control of a residential rental property and s able to respond in- person to issues related to the residential rental property. The rental manager may be the same as the owner and /or applicant. OY t1Y Y Name: r> 4 - MANAC� R +S Address Number /Street: A. 3 ^. ilia li�t'�,t \ti Y City: State: Zip: Y; ' Alternate Phone: Primary Phone: - k Y Y r;t Email: providing false information on the prescribed registration form shall be guilty of a person misdemeanor and subject to a fine. The responses are being collected for informational purposes and a 'yes' answer is not required. Y' 1. Does the residential property owner or rental manager conduct a criminal background check on each and every residential tenant? ❑ Yes ❑ No QUESTIONS 2. Does a written lease exist for each and every residential property and unit dwelling thereon? ❑ Yes ❑ No �Y t lease commonly known as "Drug Free /Crime Free Lease Addendum' '3""', 3. Does a written addendum exist for each and every written lease? ❑ Yes ❑ No After completing the Residential Rental Registration form in its entirety, submit it electronically to commdevelopmen !P— cityofeagan.com, fax to (651) 675 -5694 or deliver to: Eagan City Hall Attn: Community Development 3830 Pilot Knob Road Eagan, MN 55122 Page 2 of 2 Blew Hope Rental Registration Permit Program Contact Community Development Phone: 763-531-5110 Email The city of New Hope requires all residential rental properties to register with the city annually. The purpose of the Rental Registration Permit Program is to help maintain the quality of the rental housing stock in the city and protect the city's neighborhoods. Small rental properties (including single-family homes, condos, and duplexes) Rental properties that are one to two units receive a one year permit valid July 1 through the end of June. If you own a one or two family rental, please read the registration details and download the Application for Rental Registration Permit T. Multifamily rental properties (three or more units) Rental properties with three or more units receive a one year permit valid January 1 through the end of December. If you own a rental property with three or more units, read the registration details and download the Application for Rental Registration Permit Renewal Information Once registered, rental property owners will be sent a renewal notice prior to the expiration of the registration permit. Rental property owners are responsible for contacting the Inspections Division (763- 531 -5110) upon change of contact information, such as new address or new phone number. -41- City of New Hope Community Development i 4401 Xylon Ave N • New Hope MN 55428 • Phone: 763 -531 -5110 • Fax: 763 -531 -5136 • ci.new- hope.rui ental a 'str tion Application (1 -2 unit) Rental Property Complex Name _ Address(es) PID C Single Family C Condo C Townhome ❑ Duplex C Services Owner Name _ Company Address Phone E -mail Federal Tax ID MN Business Tax ID Additional Owner(S) Include all owners and officers of rental dwelling Name Company Address Phone Cell Partnership C Corporation C Company C Other Fee Schedule First year annual registration is included in conversion fee Per Rental Unit $750 Two Units $1,500 Payment Submitted by License N Received Application Received Payment For Office Use On -Site Property Manager List property manager not listed as owner Name Company Phone Name_ Company Address Phone Cell [-.Partnership C Corporation C Company [-,Other Fees Fees Due Upon Application (9001.4531) Rebates $250 per rebate 1. Property owner or owner's agent attends Minnesota Multi Housing Association class "The Fundamentals of Rental Property Management in Minnesota' and provides proof of attendance to the city within the previous six months or subsequent six months of the propert}es conversion to rental and there have been no reports of disorderly behavior per section 3 -31 (f) of the City Code against any properties owned by the same property owner in the city within the previous 12 months. Classes are conducted by MHA several times throughout the year. Visit mmha.com or call 952- 854 -8500 for more information. 2. Property remains free of any disorderly behavior complaints for a period of 18 months after initial registration. Notice to Owner Completed by one owner only The undersigned hereby applies for a rental registration permit and acknowledges receipt of requirements excepted to perform as described in the City Ordinance Code book; and attests the subject premises will be operated and maintained according to the requirements . contained therein, subject to applicable sanctions and penalties. The undersigned further agrees the subject premises maybe inspected by the compliance official. _... E' Owner Signature Date of Application Notice to On -Site Property Manager In cases where the owner of a rental dwelling does not reside in either Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington County, the registration shall be made by an operator who shall be legally responsible for compliance with this and all other applicable ordnances and such operator shall reside within one of the aforementioned counties. Property Manager Signature Date of Applicafion Payment Make checks payable to City of New Hope or complete information below Name (print) Signature _ Billing Address Credit Card Account Number Expiration Date G: \COmmoev \Forms \ftental \Originals \Rental Registration Application 1 -2 unitdoex (04.15) City of New Hope Community Development 4401 Xylon Ave N • New Hope MN 55428 • Phone: 763- 531 -5110 • Fax: 763 -531 -5136 • ci.new- hope.mn.us 4 Rental Renmstration Application (3+ units) Rental Property Complex Name _ Address(es) PID Number of 1 Bedroom Units _ Number of 2 Bedroom Units _ Number of 3 Bedroom Units Owner Name _ Company Address _ Phone E -mail Federal Tax ID lF Partnership Other Units (describe) Total Number of Units Cell MN Business Tax ID _ Ci Corporation C? Company D Other On -Site Property Manager Ifdiffereni from owner ni, Company Phone License # Received Application Received Payment For Office Use Additional Owner(S) List all owners and officers of rental property Name Company Address Phone E -mail Main Contact ❑ Owner ❑ Property Manager Company Address Phone TvnA of License Fee Schedule Cell D Other Cell r Multifamily with Best Practices Program I am paying the Best Practices registration fee, submitting a completed Best Practices application, and agree to adhere to all program requirements Base Fee $ 87.50 per building x 0 buildings $ 0.00 per Unit Fee $ 15.00 per unit x 0 units $ 0.00 F- Multifamily I am not applying for the Best Practices program and am paying the standard multifamily fee Base Fee x ts5.0obuildin isding 0 $ 0.00 per Unit Fee $ 20.00 per unit x 0 units $ 0.00 Payment Submitted by (9001.4531) Fees Due Upon Application $0. 00 Notice to Owner Completed by one owner The undersigned hereby applies for a rental registration permit and acknowledges receipt of requirements excepted to perform as described in the City Ordinance Code book; and attests the subject premises will be operated and maintained according to the requirements contained therein, subject to applicable sanctions and penalties. The undersigned further agrees the subject premises may be inspected by the compliance official.._,. owner Signature Date of Application Notice to On -Site Property Manager In cases where the owner of a rental dwelling does not reside in either Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington County, the registration shall be made by an operator who shall be legally responsible for compliance with this and all other applicable ordnances and such operator shall reside within one of the aforementioned counties. Property Manager Signature Date of Application Payment Make checks payable to City of New Hope or complete information below Name (print) Signature Billing Address Credit Card Account Number Expiration Date G: \CommDev \Forms \Rental \Originals \Rental Registration Application 3a units.docx (04.15) -43- • ` + • r • ' •' 0 Adopted Ordinance On November 20, 2007, the City of Apple Valley adopted a rental registration ordinance. The purpose of the ordinance is to help ensure through relationship and education that rental housing int he City is decent, safe, and sanitary and is operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvest in the community. Residential rental landlords are essentially participating in a business enterprise that entails certain responsibilities. Owners and operators are responsible to take reasonable steps to ensure that the citizens of the City who occupy rental properties may pursue the quiet enjoyment of the normal activities of life int heir surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; and free from condition that endangers the health or safety of persons and security of property. The City of Apple Valley hopes that this ordinance will help to identify residential rental property owners in order to further a positive relationship. We also hope that through this relationship, residential rental property owners will be well educated in the aspects of property management. Registration Requirement Pursuant to Apple Valley City Ordinance 122, 'Residential Rental Property" either a residential rental property owner or rental manager shall register all residential rental properties with the City of Apple Valley. In the case of a transfer of ownership or change in rental manager, or change in the number of rental units or change in dwelling occupancy from owner occupancy to rental tenant occupancy, the residential rental property owner or rental property manager shall complete and submit a registration form for each and every residential rental property affected by the transfer. Requirement to Update Information Within thirty (30) days of the transfer of ownership or change in rental manager or change in the number of rental units, or change in the dwelling occupancy from owner occupancy to rental tenant occupancy, the residential property owner or rental manager shall complete and submit a registration form for each and every residential rental property affected by the transfer. Register a property online. m ®a City of Apple Valley 7100 147th St. W App Apple Valley, MN 55124 ValleTelephone: Valley (952) 953 -2500 Fax: (952) 953-2515 Dear Rental Property Owner Rental Property Registration Form Pursuant to Apple Valley City Ordinance §122, "Residential Rental Property' either a residential rental property owner or rental manager shall register all residential rental properties with the City of Apple Valley. In the case of a transfer of ownership or change in rental manager or change in the number of rental units or change in dwelling occupancy from owner occupancy to rental tenant occupancy the residential rental property owner or rental property manager shall complete and submit a registration form for each and every residential rental property affected by the transfer. Please complete one registration form for each residential rental property address. Check one of the following that applies: Requirement to update information. Within thirty (30) days of the transfer of ownership or change in rental manager or change in the number of rental units or change in the dwelling occupancy from owner occupancy to rental tenant occupancy the residential rental property owner or rental manager shall complete and submit a registration form for each and every residential rental property affected by the transfer. f— New Rental Registration j` Change of Owner Change of Rental Manager F_ Change of Address /Phone j— Change in Number of Units Change from Owner Occupancy to Rental Tenant Occupancy I. Person Completing Registration Form First Name Street: Home Phone: E -Mail Address: II. Property Information Legal Address of Property: Middle Name: City: Work Phone: Last Name: State: Zip: Mobile Phone: Number: Street: City: State: Zip: Number of Rental Units: Apartment Building Name: III. Property Owner Name (if owner is a natural person: First Name: Middle Name: Last Name: Name (if owner is a business: Company Name: Legal Address: Street: City: State: Zip: Owner Phone: E -Mail Address: -45- IV. Rental Manager A rental manager is any natural person who has been delegated by the residential rental property owner the charge, care or control of a residential rental property and is able to respond in- person to issues related to the residential rental property. A RENTAL MANAGER IS REQUIRED. Each residential rental property owner shall appoint a rental manager upon whom the City may lawfully serve notices pertaining to the administration of this or any other Chapter of the City Code or state or federal law, service of which shall be as effective as if made upon such residential rental property owner. The residential rental property owner may serve as the rental manager, provided all requirements of a rental manager prescribed within Apple Valley City Ordinance §122 are met by the residential rental property owner. First Name: Middle Name: Last Name: Street: City: State: Zip: Home Phone: Work Phone: Mobile Phone: E -Mail Address: V. Questions Any person providing false information on the prescribed registration form shall be guilty of a misdemeanor and subject to fine. A. Does the residential property owner or rental manager conduct a criminal background check on each and every residential tenant? F_ Yes F_ No B. Does a written lease exist for each and every residential rental property and unit dwelling thereon? F_ Yes F_ No C. Does a written lease addendum commonly known as a "Drug Free /Crime Free Lease Addendum' exist for each and every written lease? F— Yes (— No V. Instructions After completing this form in Its entirety, submit it either electronically or by mail or in person at: City of Apple Valley ATTN: Rental Registration 7100 147th Street West Apple Valley, MN 55124 ALL RESIDENTIAL RENTAL PROPERTY MUST BE REGISTERED By City Ordinance, all residential properties must register with the City and receive a Certificate of Residential Rental Registration. Either the residential property owner or the property manager may complete the registration form. There is NO fee to complete this registration; however, registration of residential properties is not optional - it is required by Ordinance. The residential rental property registration program provides a way to identify and quantify rental units with the City, to ensure that rental property is properly maintained, and to be sure contact information for rental properties is available to staff and public safety departments in the event of an emergency. Residential Rental Property Registration Application - This application is in .pdf form and may be completed by typing into the form and checking appropriate check boxes, printed for signature, and either mailed or delivered in person to Long Lake City Hall. LANDLORD RESOURCES Supportive Organizations Minnesota Multi- Housing Association (MHA) 1650 West 82nd Street, Suite 250 Bloomington, MN 55431 Phone / 952.854.8500 www.mmha.com Screening Agencies Most screening companies offer comprehensive regional screening services. As professional screeners, they have the experience and time that individual rental property owners / managers rarely have. It is strongly recommended that property owners / managers use an agency for rental histories, credit histories, and criminal histories. Below are a few examples of screening agencies in the metropolitan area. Additional screening agencies may be found by checking the yellow pages in your current phone book or searching online. Neither the City of Long Lake nor the Police Department endorse any particular screening agency. Rental History Reports, Inc. 10505 Wayzata Boulevard, Suite 200 Minnetonka, MN 55305 - Phone / 952.545.3953 www rentaihistoryreports.com Rental Research Services 11300 Minnetonka Mills Road Minnetonka, MN 55305 Phone / 952.935 5700 www. rentalresearch.com Apartment Service Plus (ASP) 7400 Metro Boulevard Edina, MN 55435 Phone / 952.925.9592 or 1.800.825.9592 www.aspscreenin.cl.com Renters Acceptance 7575 Corporate Way Eden Prairie, MN 55344 Phone / 952.259.1199 -47- Residential Rental Property Registration City of Long Lake ® 450 Virginia Avenue, PO Box 606 Long Lake, MN 55356 Phone / 952.473.6961 FOR OFFICE USE ONLY Date Rec'd: Certificate #: Staff Initials: • There is no fee to complete this registration; however, registration of residential rental properties is not optional. It is required by City Ordinance. Registration application may be completed by either the residential property owner or property manager. Applications may be mailed or delivered in person to the City of Long Lake at the address above. A Certificate of Residential Rental Registration will be issued by staff upon receipt of a fully completed application. Rental Property Information Property Type: (3 Single Family Home other (PLEASE DESCRIBE) Name of Complex (IF APPLICABLE) Rental Address(es) # of 1 Bedroom Units # of 2 Bedroom Units # of 3 Bedroom Units Property Owner(s) Ownership Type: [3 Corporation E3 Duplex [3 Townhouse ® Apartment # of Other Units (PLEASE DESCRIBE) TOTAL # OF UNITS Other (PLEASE DESCRIBE) Partnership [3 Company [:B Individual Please List Owners (IF MORE THAN TWO, PLEASE ATTACH A LIST OF ALL OWNERS AND OFFICERS OFTHE RENTAL DWELLING): NAME / ADDRESS / cm, STATE ZIP/ PHONE NUMBER NAME / ADDRESS / CITY, STATE ZIP/ PHONE NUMBER Property Manager NAME / ADDRESS / CITY, STATE ZIP / PHONE NUMBER EMAIL ADDRESS (IF APPLICABLE) Main Contact Person Main Contact Person Is: [3 Property Owner 13 Property Manager [3 Caretaker NAME / ADDRESS / CITY, STATE ZIP /PHONE NUMBER EMAIL ADDRESS (IF APPLICABLE) Residential Rental Property Registration Application Page 2 of 2 Additional Information Are criminal background checks completed on all rental tenants? pJ Yes ® No Are written leases executed for the residential rental property and all dwelling units therein? Q3 Yes [3 No Do all leases include a "Drug Free /Crime Free Lease Addendum'? [3 Yes ® No Applicant Signature Applicant Is: ® Property Owner [3 Property Manager The undersigned hereby applies for a Certificate of Residential Rental Registration; and attests that the subject premises will be operated and maintained according to the requirements in accordance with State and local law, including the Long Lake City Code of Ordinances, subject to applicable sanctions and penalties. A new application for a revised Certificate of Residential Rental Registration must be submitted in the event of an address, ownership, or manager change for the subject premises. X Signature of Applicant .. Date Requirements as of February 2010 CITY RENTAL LICENSE INSPECT. LANDLORD ORDINANCE LICENSE INSPECTION UPON PENALTY DEMAND Bloomington Yes Yes Yes Fee Single Family: Section 14.510 Multiple Family: Section 14,501 Brooklyn Center Yes Yes Yes Fee —Section 12.901 Section Brooklyn Park Yes Yes Yes Administrative 117.43 citation and civil enalty Champlin Yes No No Misdemeanor and ection 301 civil penalty Chanhassen Yes Yes No Misdemeanor "ection 10_ -218 Corcoran No No No No Crystal Yes Yes Yes Administrative ' cetion 425.17 citation and civil enalty Dayton Ordinance Tabled No Misdemeanor which ordinance requires requires license "compliance" currently for license, but tabled for no official City inspection Council discussion Dee haven No No No No Eden Prairie Yes Yes No Misdemeanor .Section 5.7_2 Edina No No No No Excelsior Yes Yes Yes Misdemeanor Section 8 -146 Note: this section applies only to multiple dwelling buildings. Golden Valley Yes Yes No Misdemeanor Section 4.60 S_ubd 9 Greenfield No No No No Greenwood Yes No No Misdemeanor for Section 32030 each day occu ied Hamel (located No No No No within the City of Medina and portions of which are governed by either Corcoran or Medina ordinances) -50- Hanover Yes Yes Re-inspection fee Unknown ection 712.03 Hassan Township No No No No Hopkins Yes Yes No Misdemeanor or 'ection 407 admistrative citation or both for each day occu ied Independence No No No No Long Lake No No No No Loretto No No No No Maple Grove Yes Yes No Misdemeanor for Section 10 -372 each day occu ied Maple Plain No No No No Medicine Lake Yes Yes No Misdemeanor for Drdinance90 each day ection 4 occupied Medina No No No No Minnetonka No No No No Minnetrista No No No No Mound No No No No Navarre Unknown Unknown Unknown Unknown New Hope Yes May be No Fine and possible 'ection 3 -3 J c) required misdemeanor Orono No No No No Osseo Yes Yes Re- inspection fee Misdemeanor for 'ection 151.24 (charged to owner each day or occupied o erator /mana er) Richfield Yes Yes No Misdemeanor RCC Section 407 Robbinsdale Yes Yes No Misdemeanor for 'ection 42531 each day located on page occupied and fine 6) or imprisonment Rockford Yes No Upon complaint Delinquency Section 612 Subd 4 located on page to the city penalty of 5% of the license fee for 8) each day on invalid operation Rogers No No Yes, when No "reason to believe" Chapter 105, Article III (of city code) has been violated. St. Anthony Yes Yes Yes, if proof can Misdemeanor be made of inaction on part of owner to correct roblem St. Bonifacius Yes No No Misdemeanor, administrative citation, or both -51- St. Louis Park Yes No No Misdemeanor Section 8926 Shorewood Yes Yes Yes, at any time Misdemeanor for Section 1004.03 upon receipt of a each day non - anonymous occupied corn laint ..Spring Park No No No No Tonka Bay No No No No Wayzata Yes Yes Unknown Each day rdinance 685 occupied deemed Section a separate 8 15.01 (page 377) offense. Woodland No No No No -52- Registering Rental Properties Pros - In Favor Cons - Against Contact info of owner and renter will all City to Voluntary compliance, particularly if a fee is more effectively send notices to appropriate charged, will reduce application returns and parties in emergencies or when hazardous impact the accuracy and reliability of the data situations arise , although the owner info is already available on Hennepin County website in addition to being able to send notices to the property. Code enforcement will be better able to track Current code enforcement issues will most likely problem tenants and property owners. continue. A registration program will not compel problem landlords to comply with City requests and other measures are still needed. Emergency response, law enforcement, nuisance Staff time to enter application information and on- compliance will improve with more effective going tracking of property owner and renter communication and knowledge of whether a changes vs. spending time on other customer property is owner occupied or rental, although service priorities that info may not be available at the time of an emergency response. Land use —The City will have a better Creates false impression that City is responsible for understanding where rental properties are located notifying owners of any and all issues (calls for in the City and Community Development will be service, delinquent utility bills, building permits, able to establish patterns of rental housing within etc). City should not take on this City, although Henn Co can provide PIDS by responsibility /liability. Owners are able to receive classification - homestead, seasonal, non- duplicate bills from the utility billing company at homestead (renter or second home). no extra charge. Property owner information will allow code There are other alternatives to providing enforcement and building code officials to directly education and notification to property owners and communicate with property owners /education tenant responsibilities (mailings, press releases, and information regarding City Code and website, newsletter, etc.) versus maintaining a responsibilities of property ownership in City data base. Minimal level of oversight Minimal level of oversight Voluntary and free ( ?) = no backlash 5'q- Key Stakeholder Feeback /Comments /Suggestions /CC Minutes Extract Feedback from Police Chief Correy Farniok regarding rental registration Catherine Pausche < catherinepausche geityofmound.com> wrote: Hi Correy - We are putting together the packet to discuss the implementation of a rental registration. This basically would capture property owner and renter contact information and identify which properties are rental. I believe it would be voluntary. My question to you is do you have issues with identifying renters and /or landlords. Is this a database you would utilize? Similarly, 1 want to suggest animal licenses be for the life of the pet as they are so underutilized and I think serve the main purpose to get a lost pet back to its owner. Do you agree or do you think it is to ensure rabies vaccinations are kept up? Thanks, Catherine From: Correy Farniok [ mailto:CFarniok @ci.orono.mn.us] Sent: Wednesday, October 14, 2015 3:10 PM To: Catherine Pausche Subject: Re: Rental Registration Discussion I would agree on the licensing, it's to reunite pet and owner. As for rental properties, info would be used occasionally, but is not an extreme need. Sent from my Veriaon Wireless 4G LTE DROID Feedback from Hennepin County Assessor, Kevin Wynn, on property type classifications. From: Kevin E Wynn [mailto:Kevin.Wynn @hennepin.us] Sent: Wednesday, October 14, 2015 2:24 PM To: Catherine Pausche Subject: RE: Rental Registration Discussion We do not track whether a property is rented or not. We have been, for the past couple years now (though it should have, statutorily, been much longer than that) classifying as Seasonal Residential - Recreational, property that is used seasonally or only occupied for recreational purposes. This basically excludes all rentals, because if rented it's not for "seasonal or temporary" occupancy. We actually polled our contract cities used the rental licensing records or the cities who have rental licensing as well as utility billing info to help determine whether or not to apply a Seasonal Rec classification. -54- So, vacant or rental are simply non - homestead Residential. Second homes that are used for "seasonal or temporary" occupancy get Seasonal Residential - Recreational class. If you were trying to ID rental properties, the Seasonal -Rec class should clue you that it's NOT a rental. And that you can easily find on the County website. You could also request a report of PID by property class. And the same data would be on the CD or data file you get from us when the assessment is certified. (Assessment rolls, or the giant ream of paper we used to bring you in years past) Does that help? Hope I am answering what I think you are asking. if you have any other questions, let me know. Kevin Wynn, AMA Hennepin County Assessor Department Primary Appraiser- Minnetrista, Spring Park, Medicine Lake Excerpt from 8/25/15 Regular City Council Meeting Minutes 5. Kelli Gillispie Council Member, requesting discussion on Rental Registration Code Gillispie said she would like the City to consider a form of rental registration for rental properties in the City. The registration would allow the City to have the contact information of landlords in the interest of public safety and for administrative purposes such as Utility Billing. Manderschied stated that rental registration gives the city knowledge of rentals for public safety, nuisance, planning and zoning purposes and is the minimum oversight a city can require, just above no oversight. Peterson asked if this would include vacation homes and Gillispie responded yes. Salazar said he likes the idea but questions how to enforce. Wegscheid said that rental inspections are not being considered. Gesch said she would only like minimal info to be obtained and is not sure why the City needs to know who the renter is. Gillispie said it is just for informational purposes. Gesch stated she does not want government to get bigger and does not want a fee. Peterson asked for research to be done to see what other cities are doing as well. Wegscheid asked if the Council would like to add this to the October 21st budget workshop and all agreed -55- 2415 Wilshire Boulevard Mound, MN 55364 (952) 472 -0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: October 13, 2015 Re: Proposed Language Changes to Chapter 2 - Administration Related to Administrative Fines Possible City Code Amendment - Administrative Citations. A draft of a proposed ordinance amendment to allow for administrative citations is included on the October 21st City Council special meeting workshop for Council review and discussion. • Several Staff members have been involved the preparation of the proposed draft of the ordinance amendment related to administrative citations including the Field Officer, the Building Official, the Prosecuting Attorney, the City Attorney and the Acting City Manager, all of which have signed off on the proposed version. The draft ordinance, in its current form, would be available to assist with enforcement and abatement of exterior storage, nuisance, signs and building code related matters. Discussion with the Council whether the proposed amendments would be appropriate for use in other areas of the City Council is requested. Staff requests Council discussion about the involved fines /penalties to be included in the proposed ordinance amendment, if adopted. Staff would offer a suggestion that a penalty schedule be considered and has provided examples from other cities. Staff recommends adopting the proposed changes as shown in the attached ordinance amending Chapter 2 of the City Code with a corresponding fee schedule to follow. -56- ORDINANCE _ -2015 (Discussion draft dafetl October,13,1015J AN ORDINANCE AMENDING CHAPTER 2 OF THE MOUND CITY CODE AS IT RELATES TO ADMINISTRATION The City of Mound does ordain: Section 1. Subsection 2 -187. Administrative offenses, of the Mound City Code is hereby amended as follows: (a) Certain oflensp,; pnforoed a,; admWi,;traWe The City GeWnGil has dptp-rrA!npd to enforce induritz vink;tinns ripsnribLzr] iR Minnesota Statutes, Chapter 169. The offenses to be Purpose The City Council finds that there is a need for alternative methods of enforcing the city code. While criminal fines and penalties have been the most frequent enforcement mechanism there are certain negative consequences for both the city and the accused The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city code violations as being important due to caseloads and more serious cases in the system. Using a declaratory action or injunction often results in similar delays and can be financially burdensome for a city. Accordingly, the City Council finds the use of administrative citations and the imposition of administrative penalties is a legitimate and necessary alternative method of enforcement. shall be subject tA thP scheduled admillistFative penalty. The City C06IRGI, shall PBRalty amount may be amended, fFE)M time te time, by FeGGlUtiOR of the —ity �—b) Scope The administrative procedures and penalties in this article may be used for any violation of city code The provisions of this article may be used concurrently with or in addition to anv other procedure or remedy, criminal or civil the City may pursue under City Code state law, or federal law -57- .. _ Section 2. a new Subsection 2 -188, General provisions, of the Mound City Code is hereby added, as follows: Ll Certain offenses enforced as administrative The City ..Council has determined to enforce certain offenses within the city as administrative offenses Those violations shall not include violations described in Minnesota Statutes Chapter 169. The offenses to be enforced as administrative offenses shall be determined by resolution of the City Council. -A violation of the provisions contained within chapters 42- nuisances 105 - building and building regulations 119 -signs and 129 - zoning of the city code is an administrative offense subiect to a citation and administrative penalties pursuant to this article Each day a violation exists constitutes a separate offense. u An administrative offense may be subiect to an administrative penalty not to exceed $XXX XX The City Council must adopt by resolution a schedule of administrative penalties for offenses initiated by administrative citation. Lcj Administrative penalties may be doubled for repeat violations that occur within a 12- month time period. Section 3. a new Subsection 2 -189. Administrative citation, of the Mound City Code is hereby amended as follows: ial Any person employed by the city with authority to enforce this Code may issue an administrative citation upon belief that a code violation has occurred. The citation must be issued in person or by U.S. first class mail to the person responsible for the violation or to the property owner identified by the Hennepin County property records If the must state the date time and nature of the violation the name of the issuing officer, the amount of the scheduled administrative penalty and the manner for paving the administrative penalty or appealing the citation. (b) The person responsible for the violation must either pay the scheduled administrative penalty and come into compliance or request .a hearing within seven (7) calendar days after issuance Payment of the administrative penalty constitutes admission of the violation A late payment fee of 10 percent of the scheduled administrative penalty W -T amount may be imposed The penalty may be rescinded if compliance is achieved by the compliance date. Lcj Reguestinq a hearing The request must be in writing and executed by the property owner or person with an ownership interest in the property It must minimally state the name and mailing address of that person that person's relationship to the property involved a brief statement describing the basis for the appeal and a hearing request A property owner or person with ownership interest in the property may request an extension to come into compliance which may be granted or denied by the City Manager. If an extension to come into compliance is requested and granted and the property owner does not come into compliance by the extension date the administrative penalty imposed with the citation shall be immediately due. a- A request for an extension to the compliance deadline shall constitute an admission to the violation and a waiver of a right to request a hearing under subparts (b) and (c) of this subsection. Section 4. A new, Subsection 2 -190. Administrative hearing, of the Mound City Code is hereby added as follows: (a) Hearing officer. The hearing officer shall be a neutral third party The hearing officer is authorized to hear and determine any controversy relating to administrative offenses of the city code provided in this article. (b) A hearing officer shall conduct an informal hearing to determine if a violation has occurred The hearing officer shall render a written decision within five (5) business days of the hearing date. (c) The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed within seven (7) calendar days of the date of the decision and come into compliance by the specified date given at the hearing. (d) The failure to attend the hearing shall constitute a waiver of the appellant's right to a hearing and an admission of the violation A hearing officer may waive this result upon good cause shown Examples of "good cause" are death or incapacitating illness of the accused a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause'° does not include forgetfulness and intentional delay. Section 5. a new Subsection 2 -191, Judicial review, of the Mound City Code is hereby added as follows: An aggrieved party may obtain judicial review of the decision of the hearing officer by proceeding under a writ of certiorari in a court of appeals. -59- Section 6. A new, Subsection, 2 -192, Recovery of administrative penalties, of the Mound City Code is hereby added, as follows: L. If an administrative penalty is not paid within the time specified it will constitute:_ 1. A lien on the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation or 2. A personal obligation of the violator. 2. A lien may be assessed against the property and collected in the same manner as taxes as set forth in Minnesota Statute §429.101, as maybe amended from time to time 3. A personal obligation may be collected by appropriate legal means. 4. A late payment fee of 10 percent of the fine may be assessed for each 30 -day period or part thereof, that the fine remains unpaid after the due date. 5. During the time that an administrative penalty remains unpaid no city approval will be ranted for license permit or other city approval sought by the violator or for property under the violator's ownership or control. 6. If the citation is not paid and the violations are not corrected a Criminal Citation may be issued. Z. Failure to pay a penalty and correct the violation is grounds for the suspension or revocation of a license related to the violation. 8. The City reserves the authority to use the abatement process as outlined in Chapter 42 Nuisances Section 42 -6 in lieu of or in addition to the process outlined in this article. Section 7. A new, Subsection 2 -193, Criminal penalties, of the Mound City Code is hereby added, as follows: 1. The following are misdemeanors punishable in accordance with state law: (a) Failure without good cause to appear at a hearing that was scheduled under Section 2- 190 (b) Failure to pay a civil penalty imposed by a hearing officer within seven (7) calendar days after it was imposed or such other time as may be established by the hearing officer. 2. If the final adjudication in the administrative penalty appeal hearning is a finding of no violation then the city may not prosecute a criminal violation in district court based on the same set of facts This does not preclude the city from pursuing a criminal conviction for a .1 violation of the same provision based on a different set of facts. A different date of violation will constitute a different set of facts. Passed by the City Council this _ day of 2015 Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk Published in the Laker the of , 2015. Effective the day of 2015. -61- 2415 Wilshire Boulevard �a.CrtyiiflYloUltd `t, ,14 1 Mound, Cirmmunrty{3eueiopmentiaUUnent a 472-0605 JA MT�E To: Honorable Mayor and City Council From: Stewart B. Simon, Field Officer Date: October 15, 2015 Re: City Council Workshop Discussion Item - Administrative Citations In September of 2014, a new Field Officer position was created and tasked with conducting code enforcement. Hired Staff had previously worked for the Mound Police Department as a Community Service Officer, and was familiar with the tasks associated with enforcement of the City Code. Currently, the City uses a complaint -based approach to code enforcement; a citizen makes a report of a violation directly to Staff, who in turn investigates the complaint. When a violation is identified, Staff issues a written warning to the property owner of record, which provides the property owner seven (7) days to bring the property into compliance with the Code, (self- abatement). In most cases, the offending property is brought into compliance within the seven -day self- abatement period, and the case file is subsequently closed. In cases where the property owner does not bring the property into compliance during the self - abatement period, a second warning is issued'; after another seven -day self- abatement period, the property is re- inspected. If the property is found non - compliant after the second warning, a third and final warning is issued; the property owner is notified failure to self -abate after the issuance of a final warning may result in legal and /or Council involvement, or city - abatement. Year to date, approximately 90% of the 151 -code enforcement cases handled have resulted in self- abatement, after the issuance of the first warning, and have been subsequently closed. The remaining 10 %, however, remain stalled or open, pending further action by Staff; 5% of the properties have been issued final warnings, with little to no action taken by the property owner to bring the property into compliance with the Code. Additionally, several properties have been deemed "repeat offenders "; bringing their property into compliance, only to have a new complaint made to Staff a short time later. Staff has compared current processes to those in use by other cities, including, but not limited to Cambridge, Eagan, Hopkins, Orono, Spring Park, and Wayzata. The identified cities have implemented the use of administrative citations as an effective method for resolving non- compliance. The administrative citation is a city ticket, issued in lieu of a criminal complaint, in cases of non- compliance or repeat violations. The following is a breakdown of the benefits and risks associated with the implementation of administrative citations: 'in cases of noxious weeds, (long grass), only one warning is issued per growing season. If the property owner does not self -abate (i.e. mow the lawn) the property is forwarded to our contractor for city- abatement. -62- Benefits Quicker case resolution Additional record keeping and reporting requirements Offending party is not labeled as a criminal Additional resources required to ensure proper due process for the accused Lower burden of proof required Lower burden of proof required Penalty more in line with the offense Limited use by statutuy cities Criminal process does not view city code violations as being important Attorney fees associated with appeals Additional source of revenue for the city Potential exists for non - a ment of penalty Affords the city flexibility in case processing Consistenc Overall reduced cost for the city Legality The use of administrative citations would require the city to assign an administrative penalty amount to the annual fee schedule. The following is a breakdown of the administrative penalties currently in use: city Set Fee Cambridge On average, $200.00 per day, after citation is issued for non-compliance Eagan Not orovided Hopkins $50.00 - $500.00 per offense Orono $60.00 Spring Park $100.00 - $200.00 per offense Wayzata $51.00 - general nuisance, $102.00 - $306.00 for zoning violations Staff is recommending the implementation of an administrative citation program, for use in the enforcement of City Code violations. See Staff report from Sarah Smith for more details on the proposed administrative citation ordinance. Should you have any further questions, please contact me. Respectfully, Stewart B. Simon Field Officer -63- Home > City Council > City Code > Administrative Citations Administrative Citations Administrative Citations are non- criminal tickets issued to individuals who do not correct violations of the City Code. (See City Code Section 355 Why "non - criminal "? In the past criminal fines and penalties have been the mostfrequent enforcement mechanism. Unfortunately there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city code violations as being important. What are Administrative Citations issued for? An Administrative Citation can be issued for any violation of the Hopkins City Code. In practice, citations are usually issued for property related violations such as: exterior storage violations involving construction materials, tires, and miscellaneous junk junk cars rental of dwelling unitwithouta license What are the Administrative Citation penalties? The penalties vary according to the seriousness of the offense. Fines range from $50 to $500 peroffense. Who can issue citations? The City Manager is authorized by City Code Section 350.02 who may issue citations. These include: Patrol Officer Reserve Officer Public Service Officer City Clerk Building Inspector Weed Inspector Zoning Administrator /Planner Sanitation Officer Fire Chief Fire Inspector to designate City employees Fire Marshal Parking Enforcement Officer Housing Inspector Mechanical Inspector Police Services Liaison Street Superintendent Senior Engineering Technician Building Official © City of Hopkins, 2015 1010 1st St S, Hopkins, MN 55343 :: 952 - 935 -8474 Contact Us *M City Clerk Amy Domeier 952- 548 -6304 Site Policies i 6s i ORDINANCE NO. 609 Licenses, Fees, and Permits for 2015 An Ordinance providing for licenses, fees, and permits. The City Council of Cambridge, Minnesota, ordains: Title III— Administration Fees Code Type of License /Fee Term Fee Section 32.23 Planning Commission Per Diems $35.00 per meeting 32.49 Parks, Trails, and Recreation Commission Per $35.00 per meeting (including Diems ex- officio members 37.03 Administration Fees —Worthless Checks Per Check $50.00 ($10.00 to Complainant & $40.00 to City) 38.04 Administrative Citation — Debris and /or Garbage Per day $200.00 after citation is issued for non- compliance 38.04 Administrative Citation — Abandoned and /or junk Per day $200.00 vehicle after citation is issued for non- compliance 38.04 Administrative Citation — Unlawful Storage Per day $200.00 after citation is issued for non- compliance 38.04 Administrative Citation — Junk Per day $200.00 after citation is issued for non- compliance 38.04 Animals: Cleaning up Litter Per day $50.00 after citation is issued for non- compliance 38.04 Administrative Citation — Housing: Minimum Per day $200.00 standards for basic equipment and facilities after citation is issued for non- compliance 38.04 Administrative Citation — Housing: Safe and Per day $200.00 sanitary maintenance of parts or dwellings after citation is issued for non- compliance 38.04 Administrative Citation — Exterior Structure Per day $300.00 after citation is issued for -65- Title V — Public Works Fees 50.01 Garba e & Refuse Collection non- $1,250.00 51.02 Water: Trunk Area Charge compliance $2,314.00 38.04 Administrative Citation — Residential outdoor Per day $200.00 parking and storage after citation $901.00 is issued for non- compliance., 38.04 Administrative Citation — Sign Regulation Per day $100.00 after citation is issued for non- compliance 38.04 Administrative Citation —Accessory Building and Per day $200.00 Structure Requirements after citation is issued for non- compliance 38.04 Administrative Citation — Fences Per day $200.00 after citation is issued for non- compliance 38.04 Administrative Citation — Garbage Containers Per day $50.00 after citation is issued for non- compliance 38.04 Administrative Citation — Except as otherwise Per day $200.00 stated herein, all other violations of the City Code after citation or Zoning Ordinance is issued for non- compliance Copies $0.25, if over 100 pages, Police Reports Per page actual cost per MN Rule 12.05.0300 Photos and /or Media Copying Per page $15.00 Photocopy of requests` Per page $0.25 Maps, Building Plans, and Plats Per page $10.00 — Color $5.00 — Black & White Providing & copying information Per hour or $10.00 part `Except if you are the victim or the legal guardian thereafter of the victim for the crime committed Title V — Public Works Fees 50.01 Garba e & Refuse Collection Per Year $1,250.00 51.02 Water: Trunk Area Charge Per Acre $2,314.00 Water Access Charge Per REU $201.00 Water Treatment Facility Charge Per REU $901.00 .. 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U h N N a O a r. u a a m u WI n us us v3 vz v> a b w h 0 y u d u y, v ab4 E � • -y G a�"i u 0 R a •d; d C 0 'L V1 z o od E° E . a �� d•y= v� 0 ��ydba 9 O N z ° a O a r. u a a m u WI n us us v3 vz v> a b w h 0 •i y u u y, v ab4 � • -y G a�"i u R a •d; d C 0 'L V1 d o od E° E . a �� d•y= 0 ��ydba •i CITY OF SPRING PARK SPRING PARK, MN Resolution 15 -06 FEES FOR LICENSES, PERMITS, SERVICES -2015 Alcohol Beverage License (City Code, Chapter 4 Beer, 3.2 on sale $532 Beer, 3.2 off sale $80 Liquor, intoxicating on sale two installments allowed 6/1 & 12/31 - each $5025) $10,050 Liquor, intoxicating Sunday sale $200 Liquor, intoxicating off sale $100 Wine, on sale (City Code Sec 4 -92 $1064 Violations: 1st offense $500 2nd offense $750 3rd offense (w /in 12 monthss of tat and 2nd violations and $1000 consider license sus-ension. Administrative Fine General Code Sec 1 -14 Violations: I 1st offense $100 2nd offense $150 3rd and subsequent offenses $200 Amusement Device License (City Code Sec 6 -161 First Device $30 Each Additional Device $15 Building (City Code, Chapter 10 Permit Fees - per evaluation Plan Review - % of evaluation State Surcharge - per evaluation Demo - per evaluation and requires a building permit Residential Site Plan Review Fee - Actual consultants' fees charged for secs related to site plan review (e.g. Engineer, Planner, Attorney) Equalization Connection Fee Cit Code 34 -292 $3,132 /Unit SAC Sewer Accessibility Char a Code Sec 34-41 $2,485 /Unit Plumbing Commercial Permit - per evaluation Mechanical Commercial Permit - per evaluation Shed /Accesso Building $100 Cigarette /Tobacco Products Code Sec 12 -82 $25 Res 15 -06 10 N m � m � °1000 ° ry N o w n d N � rn � m O P m °1 0000 O o N x 2 0 � a N a o M 0 0 0 0 0 O 0 n m° °v C O 0 m° d � v 3 N 3 tt o N � O N N Q � O N = b N C w m c i— LL 6 K u 0 0 0 0 0 0 0 0 0 0 0 O d 0 O 'O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 O t' u _ r O ui N O N O N O of O of 0 0 N O O m (Op M M M a O (O r N N In u) M M v � T t _ O c C N � En'— — — — 0 0 0 0 0 0 O O O O O O o\ d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O } ; w d N N N N O O O ui 0 0 0 0 O u1 M O W O W O 10 O M M O O M M O O M O N O N " M yyw_- Fm M cM M N C6 O a z 1C. t0 en e» F» ua es u3 f» E» » sv vs yr a' 9 E o0 0 00 0 0 0 0 o Oo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 yio, Y 00 O vi O tfi O c"i O O O M M O O ui (O Off, O O pl fN0 M M M VO' (00 (00 to M M O O M M O O.M M O O N O N i0 •- M (0 M M M N M O siiv, d c d:' r EA Vi fA fA kR cfl M EA fA U3 NT Vi — — o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 o r N N 6 In 0 0 0 0 0 0 O u) L6 O N O u> O M W O O m W O uJ (O O O r 0 0l (O N N N �D fD 10 O N 10 M O M O M O M M M N 0 d C Rf 9 — 4516 1 E ° a o m y 19 O p T 7u @ d n 7 O L 'O C On INS', 0 d 0 0 -6 OE 9 ' O d o p y fq d @ U 'O Nip 19 tF.C. 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Y o V 6 L d a a a M L �O 'r N f d W LLo .�'+ � w W d E c @ J c y o d > d U U d J2 a C a¢ O a . 0 E _ E o DY 11LL Z O LT 0 a 0 = 4 U a O -72- H O ti 2415 Wilshire Boulevard Mound, MN 55364 (952) 472 -0604 MEMORANDUM To: Honorable Mayorand City Council From: Sarah Smith, Community Development Director Date: October 12, 2015 Re: City Council Workshop Item - Breweries /Brew Pubs/Tap Rooms Planning Study Breweries /Brew Pubs /Tap Rooms. A copy of the Planning Study reviewed by the Planning Commission at its October 6th meeting is included as an attachment. As the Council may recall, possible amendments to the City Code to allow for these types of uses was included on the Planning Commission's project list for 2015 and was discussed at the February 2015 joint Planning Commission /City Council special meeting workshop. Initial review and discussion took place by the Planning Commission at its June and September meetings. The Planning Commission is supportive of amending the code to include these uses in certain commercial districts, the Pedestrian District, the Destination District and the Industrial District by conditional use. Refer to the October 6th draft Planning Commission meeting minute excerpts. Council members are advised that amendments to Chapter 6 (Alcoholic Beverages) would also be required related to allow breweries /brew pub /tap room uses in Mound. Attached is an analysis of Chapter 6 conducted by Kevin Kelly, Administrative Services Coordinator for the City of Mound. -73- PLANNING STUDY TO: Planning Commission and City Council FROM: Sarah Smith, Community Development Director Rita Trapp, Planning Consultant DATE: October 1, 2015 SUBJECT: Breweries, Brewpubs, and Taprooms In August the Planning Commission provided direction to Staff on developing ordinance amendments to allow for breweries, brewpubs, and taprooms in the City. It was recommended that in most districts those uses be considered conditional uses. Staff was requested to draft performance standards related to noise, odors, outdoor storage, deliveries, outdoor dining, and smoking. The following are proposed ordinance amendments for review and comment. Definitions • Brewery — a facility that produces for sale beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than one -half of one percent alcohol by volume. • Brewpub — a brewery that operates a restaurant on the same premises as the Brewery, whose malt liquor production per calendar year may be limited by Minnesota State Statutes. • Taproom — an area for the on -sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery. A taproom may also include sale for off - premises consumption of malt liquor produced at the brewery for off - premises consumption, packaged subject to Minnesota Statute 240A.301, subdivision 7(b) or its successor. Use Chart M M .'' B -1 B B 2 B B-3 1 1 -1 P PED -PUD D DEST -PUD L L -PUD Brewery C C C C C C C C C C Brewpub C C C C C C C C C C Taproom C C C C C C C C C C M .'' Parking Uses Parking Spaces Required Brewery At least one space for each employee on maximum shift or one space for each 2,000 square feet of gross floor area, whichever is larger. Brewpub Parking space requirements shall be based upon the types of uses on the premises. The retail portion of the business would fit under the Retail Store requirement. The restaurant or taproom portion under the Restaurants, cafes, bars, taverns and night club requirement. The production portion under the Industrial, warehouse, storage and handling of bulk goods requirement. Taproom 1 space for each three seats based on capacity design. Performance Standards (a) Licensing. The owner of the brewery, brewpub, and /or taproom shall obtain all federal, state, and city licenses necessary for the operations. (b) Outdoor Storage. No outdoor storage is permitted on the site, with the exception that refuse and /or recycling may occur in an enclosure that is fully screened from adjoining streets and residentially zoned properties. (c) Waste Products. Waste products shall be disposed of in a timely manner and in such a way as to reduce odors. (d) Noise. Noise from the brewery, brewpub, or taproom shall not be allowed to exceed MPCA standards. (e) Odors. No odors from the brewery shall be perceptible beyond the property line. The brewery shall take appropriate measures to reduce or mitigate any odors generated from the operation and be in compliance with any applicable Minnesota Pollution Control Standards. (f) Deliveries. Adequate space for off - street loading and unloading of all trucks greater than twenty -two (22) feet in length shall be provided. if off - street loading is not possible, the City may impose limits on the number and hours for deliveries that must occur along public rights of way. 75- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION OCTOBER 6, 2015 Chair Penner called the meeting to order at 7:00 pm. ROLL CALL Members present: Chair Cynthia Penner; Commissioners Jason Baker, Jeffrey Bergquist , David Goode, Bill Stone, Jameson Smieja, Pete Wiechert and Jennifer Peterson. Members absent: Doug Gawtry. Staff present: Community Development Director Sarah Smith and Secretary Jill Norlander. Members of the public: Dustin Timmons, 5308 Three Points Blvd; Walter Baker, 5300 Three Points Blvd OLD /NEW BUSINESS Review /discussion regarding proposed ordinance amendments related to breweries /brewpubs /tap rooms Trapp summarized the study included in the packet. Smith addressed the "conditional" vs. "permitted" standard in the districts. It was thought that a conditional provision would be wise because of all the issues (i.e., noise, odors, deliveries, etc.) that would need to be addressed. Smieja asked about the residential screening requirements. Trapp thought that our code, per district, addresses those requirements. They are considered Performance Standards. -76- F6. PLANNING STUDY TO: Planning Commission and City Council FROM: Sarah Smith, Community Development Director Rita Trapp, Planning Consultant DATE: July 2, 2015 SUBJECT: Microbreweries and Brewpubs Study As was introduced at the June Planning Commission Meeting, the City is undertaking a process of reviewing its codes relative to microbreweries and related businesses. Currently those types of businesses are not specifically allowed by code. Staff has conducted the requested research into the zoning provisions of nearby communities. The following is a summary of the findings: • Excelsior— allows microbrewery, micro - distillery and micro - winery in a number of its commercial districts (8-1 to B -6) as a conditional use. The term is defined as "a small scaled business located in a building where the primary use is for restaurant, retail or tasting room, and which specializes in producing limited quantities of wine, beer or other alcoholic beverages." Attached are the standards and criteria. • Victoria — Staff was unable to find specific zoning provisions related to breweries or brewpubs in the City's code. While the Planner was unavailable, Staff was able to speak with the City Clerk. She indicated that the brewery is considered an allowed use in the CBD. The City did not make any specific changes to its zoning code or liquor regulations regarding breweries. • Waconia— updated its code in 2013 to allow microdistilleries, small breweries, and taprooms as permitted uses in their B1 Highway Business, 11 Industrial Park and 12 General Industrial zoning districts. In the B2 General Business District, "small breweries operated in conjunction with taprooms" were the only use that is allowed. There are no performance standards or conditions related to the use. • Wayzata— amended its zoning code in 2014 to allow microbreweries and taprooms as conditional uses in its C -2 and C -4 zoning districts. The provisions from the C -2 district are provided as an attachment. While breweries and related businesses are a mix of manufacturing and restaurant uses, it seems appropriate to review how the City Code regulates restaurants that serve liquor, identified as Class 111, as a starting point. Class III restaurants are allowed as conditional uses in the B -1, B -2, and 1 -1 district, and are considered permitted uses in the PED -PUD and DEST -PUD districts. For reference purposes, the entire summary chart that was handed out at the June Planning Commission meeting is provided below. -77- Use B -1 B -2 B -3 1 -1 PED -PUD DEST -PUD L -PUD Liquor Stores P C C P - Restaurant (Class 1) P P C C P* P - Restaurant (Class 2) C C C P* P - Restaurant (Class 3) C C C P* P - Restaurant (Class 4) C C C C Tavern C C C C *Drive -thru require CUP Associated Definitions: Restaurants. (1) Class I traditional restaurant means where food is served and consumed by customers while seated at a counter or table. A cafeteria is where food is selected by customers while going through a serving line and taken to a table for consumption. (2) Class II fast food, convenience and drive -in means restaurants where a majority of customers order and are served their food at a counter in packages prepared to leave the premises; or able to be taken to a table, counter, or automobile, or off the premises to be consumed; or a drive -in where most customers consume theirfood in an automobile regardless of how it is served. (3) Class 1/1 liquor service restaurants means restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and /or restaurants which contain entertainment, either live or prerecorded. Food snles in such facilities shall account for a minimum of 50 percent of a restaurant's gross receipts on n annual basis. (4) Class IV 3.2 malt liquor service restaurants means restaurants where food, 3.2 malt liquor and setups are served and consumed by customers while seated at a counter or table Staff would recommend that a similar approach be applied to breweries and related businesses as to Class III restaurants. Discussion at the Planning Commission will focus on whether there are conditions that should be placed on the use and appropriate parking regulations. W CITY OF WAYZATA HENNEPIN COUNTY, MINNESOTA DRAFT ORDINANCE NO. 746 AN ORDINANCE AMENDING WAYZATA'S ZONING ORDINANCE TO ALLOW MICRO - PRODUCTION FACILITIES AND TAPROOMS /TASTING ROOMS AS CONDITIONAL USES THE CITY OF WAYZATA ORDAINS: 1.1 In accordance with the Report and Re Commission dated July 21, 2014, the amends Chapter 801 of the City Code A. Section 801.02.2 (Definitions), is definitions: Micro - production Faci beverages are brewed, by the brewer for or its area subject in oftl% ,Wayzata Planning of the Cfty,ipfWayzata, hereby the followine new in ovIiieh beer, wine, or other alcoholic istilled €for distribution and consumption. breweries; brewpubs, wineries, and on -sale consumption of malt liquor produced he premises of a brewery. n taproom may onsumption of malt liquor produced at the (and owned -y the brewery for off - premises innesma Statute 240A.301, subdivision 7(b), Room'(Winery/Distillery): An area for the on -sale consumption of spirits or wine produced on the premises of one winery or one distillery moron ownership to the producer of the wine or distilled spirits. Growler: *A.`s "'vially designed sixty four (64) ounce beer container for exclusive off -sale of rnicro- production facility beer. A growler shall have the following packaging requirements: i. Growlers shall bear a twist -type closure, cork, stopper or plug. ii. At the time of sale, paper or plastic adhesive band, strip, or sleeve shall be applied to the container and extended over the top of the closure, forming a seal. CC 09152014 Page 85 of 247 -79- Micro - production facility, provided that: Licensing. The owner of the micro - production facility qualifies for and receives all federal, state and city licenses necessary for the operation of the micro - production facility, including a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity); winery license; and /or a distiller's license from the State of Minnesota, according to Minnesota �tgmtes Section 340A. 2. Taproom/Tasting Room L1 room for the on -sale of bee require a taproom/tasting r, according to City Code`rS'e6� r; ix s. E 3. Off -sale. On -site salebf be Brewery License for Off <s Section 524.02. On -site sa governed under Minnesota 4. Production of Beer. Total .I 5,000 barrels annually. Mi license shall not 'exceed 3,� may be Sold off =sale as gio operating as a brewery, sfia. City with the request to rer. �G accessory taproom or tasting x . ner, or spirits produced on -site shall scensefrom the City of Wayzata, 524.02.' in the form of gioNvlers shall require a of Malt Liquor, aceording to City Code of Gvvine or spirits, other than samples as Ate Statutes, shall be prohibited. duction of malt liquor shall not exceed r- production Facilities with a taproom i barrels annually, and only 500 barrels ors:. facility nnually'submit production reports to the a brewery taproom or off -sale malt a a 5. 'Production of Wine.' Total production of wine shall not exceed 50,000 gallons annually. Any micro - production facility operating as a winery shall annually,, submit production reports to the City with the request to renew a tasting room or winery license. & Production of Spirits. Total production of spirits shall not exceed 40,000,,proof gallons annually. Any micro production facility �oIaerating as a distillery shall annually submit production reports to the City with the request to renew a tasting room or distillery license. 7. Off - street Loading. The micro- production facility shall provide adequate space for off - street loading and unloading of all trucks greater than twenty two (22) feet in length. In the absence of off - street loading, the City may impose limits on deliveries or shipments using the public rights of ways, including regulating the number of trucks per day and the hours that deliveries are permitted. CC 09152014 Page 87 of 247 M 8. Outdoor Storage. No outdoor storage is permitted on the site, with the exception that waste handling (refuse and /or recycling) may occur in an enclosure that is fully screened from adjoining streets and residentially zoned properties. 9. Odors. No odors from the micro- production facility shall be perceptible beyond the property line. The micro- production facility operator shall take appropriate measprgs to reduce or mitigate any odors generated from the operation'Qibe in compliance with any applicable Minnesota Pollution•COP'ttol Standards. 10. Waste. Waste products such a way to reduce oc 11. Exterior Lightine. way as to have no property, and shall of the Wayzata Zo 12. Parkin . Parkin; arrangement, to reduced parking requirements of applicable. 13. Hours of Onerat be limited to for off sale i as part of a ( of in a timely manner and in lighting shall d in such a adjacent tion 801.16.6 be provided on -site or through off -site irking ot.residential streets. Off -site or ,,quire separate approval per the of the Wayzata Zoning Ordinance, as ficro- production facility operation hours shall specified in Minnesota Statues Chapter 340A g liquor unless further limited the City Council 1 Use Permit. 14. Other Provisions.` The provisions of Section 801.04.21 of the Wayzata Zoning Ordinance, pertaining to Conditional Use Permit criteri a; are considered and satisfactorily met. A micro - production fa6lityshall meet all other applicable performance standards and design requirements in the Wayzata Zoning Ordinance. 1.2 This Ordinance shall become effective upon its passage and publication. Adopted this day of 2014. i CC 09152014 Page 88 of 247 Excelsior CUP Regulations Microbrewery, micro - distillery and micro - winery. a. The brewer shall obtain a license from the commissioner of public safety to brew 15,000 barrels of malt liquor per year, obtain approval of the commissioner of public safety and be issued a license by the city for off -sale of malt liquor. b. All conditions for a brewer off -sale malt liquor license as specified in chapter 4, article II, division 2, andsection 4 -72 of the Code are complied with. c. Microbrewery, micro - distillery and micro - winery operation hours shall be limited to the hours specified in Minn. Stats. chapter 340A for off -sale intoxicating liquor unless further limited by the city council as part of the conditional use permit. d. A microbrewery, micro - distillery and micro - winery located at the street level of Water Street shall provide at least 50 percent of the total floor space at the front one -half of the building to be used for sales, tasting, or restaurant purposes. e. Where a microbrewery, micro - distillery and micro - winery abut residentially zoned property, a buffer yard of not less than 20 feet wide for buildings and ten feet wide for parking areas shall be landscaped and screened in compliance with article 21 of this Appendix E. f. Vehicular access points shall create a minimum conflict with through traffic movement, shall comply witharticle 19 of this Appendix E, and shall be subject to the approval of the city engineer. g. The architectural appearance, scale and functional plan of the site and building is in character with existing downtown, commercial area or neighborhood buildings, the city comprehensive plan, and the design standards. h. All performance standards related to sec. 16 -6, smoke;sec. 16 -7, dust and other particulate matter; sec. 16 -8, air pollution; sec. 16 -9, noise; sec. 16 -10, odors; sec. 16 -11, vibration; sec. 1616 =13, waste; of this Appendix E shall be compiled with. i. All lighting shall be designed in such a way as to have no direct source of light visible from adjacent land in residential use and shall be in compliance with section 16 -5 of this Appendix E. j. All signage shall be in conformance with article 24 of this Appendix E. k. Ail parking shall be in conformance with article 19 of this Appendix E. 1. The building and site will comply with all setbacks, building heights, impervious surface and other requirements in section 45 -7 of this Appendix E. m. The development shall comply with all other conditions as set forth by the city to mitigate any undue negative influence on all surrounding residential properties. PLANNING STUDY TO: Planning Commission and City Council , FROM: Sarah Smith, Community Development Director Rita Trapp, Planning Consultant DATE: May 29, 2015 SUBJECT: Microbreweries and Brewpubs Study / Alcoholic Beverage Regulations Review At its 2015 Joint Meeting the City Council and Planning Commission identified the need to review the City's Zoning Code and Liquor Licenses relative to microbreweries and related businesses. Planning Staff would like to begin that discussion at the June 2nd Planning Commission Meeting with an overview of the topic and discussion about the zoning considerations for permitting such uses. There are two types of brewing related businesses the City should consider addressing in zoning code amendments. The first, microbreweries, manufacture malt liquor for wholesale to retailers on a small scale basis. The second, brewpubs, are restaurants that have a small brewery on site as part of their operations. The malt liquor produced at brewpubs can only be sold on -site as part of the restaurant or off -sale in growlers. Minnesota Statutes limit the amount of malt liquor it can produce to 3,500 barrels annually. The ability for brewpubs and microbreweries to directly sell malt liquor to consumers packaged in 64 ounce containers (commonly called growlers) was one of the changes made in 2011 to Minnesota Statues. Commonly referred to as the "Surly Bill ", the amendment allows growler sales up to 500 barrels annually for brewers that produce fewer than 20,000 barrels of malt liquor. The "Surly Bill" also allowed microbreweries to have a taproom for the first time. A brewer taproom license authorizes breweries to sell malt liquor produced by the brewer for consumption on the premises or adjacent to the brewery in a location owned by the brewer. Brewer taprooms are allowed for brewers who produce less than 250,000 barrels of malt liquor annually. Taprooms are not allowed to sell other alcohol products not produced on -site. This change moves microbreweries from a primarily industrial facility to a facility that has both industrial and commercial components. The City Zoning Code currently does not explicitly address either type of establishment. if the City were to permit either type of facility there are a number of land use considerations that should be addressed. This includes where the, 108 Id be allowed, whether they would be allowed as a permitted or conditional use, the amount of parking to be required, and whether there are conditions that should be established for their operations. in determining where they are appropriate, consideration should be given to the reality that microbreweries are manufacturing facilities. As such, there is the potential for impacts such as increased truck traffic, noise, and odors. Breweries and brewpubs are also likely to request outdoor seating and the ability to have live music, similar to restaurants. City Staff would like to discuss these issues to provide a framework for the development of potential zoning ordinance amendments. As part of the City's study, review of the existing liquor regulations especially with regard to minimum seating requirements will also be evaluated. M Chapter 6 Alcoholic Beverages - Possible Code Changes /Research Conducted by: Kevin Kelly, Administrative Services Coordinator Alcohol service and changes in consumer tastes are affecting adequate regulation of businesses with on- sale liquor licenses. Many cities are moving away from using percentage of sales of food and alcohol to regulate on -sale license holders. Currently Mound requires on -sale license holding restaurants to have at least 50% of sales volume to come from non - alcohol choices. This is more restrictive than the State which removed sales percentages from statute. Using alcohol sales percentages as a licensing requirement in an environment of $6.00 craft beer and $10 glasses of wine paired with an affordable menu option almost assures the restaurant to violate this licensing provision. As described by an owner of a small neighborhood restaurant, "people are much more interested in drinking quality beverages and these archaic laws make it very hard for business owners to provide that experience." Currently City of Mound on —sale licensing requires: • Seating for not less than 40 guests at one time having a total area of at least 254 square feet • Appropriate facilities to serve meals under the control of a single proprietor or manager • Meals that are regularly prepared on the premises and served at tables to the general public • The restaurant to have no more than 50 percent of volume of sales from alcoholic beverages • On -sale wine licensee has to have gross receipts of at least 60% attributed to sales of food • Licensee is responsible for conduct of business and maintain conditions of sobriety and order State Law requirements for restaurants serving intoxicating liquor are: A capacity of 30 seats minimum which can be served at one time is a restaurant and the business prepares food as opposed to reheat or assemble. Restaurant is an establishment under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating capacity for guests as prescribed by the appropriate license issuing authority. (can cities be less restrictive ?) Note: State minimum restaurant seating is 25 for an on -sale wine license. Cities can choose to be more restrictive. Local Communities Licensing standards — Cities can elect to be more restrictive than the State • Spring Park - Restaurant seating of 25 or more and 75% of sales volume from food • Orono — Restaurant seating for 25 wine /3.2 & 30 with intoxicating liquor with food service • Excelsior — Seating for 50 guests at one time with no percentage restrictions • Minnetrista - Wine On sale — restaurant with seating for 25 • Wayzata - 25 seats & 60% food for wine /3.2 and 30 seats for Intoxicating liquor license with 50/50 food /alcohol sales The City is on the high end of local communities seating requirements. 0 The City of Minneapolis has recently removed all percentage- based regulations on restaurants serving alcohol. Those percentages were either 60/40 or 70/30 (the higher number being food sales) depending on zoning. This change according to Minneapolis regulatory staff has not increased complaints from residents living near these neighborhood restaurants. Minneapolis is emphasizing regulating the layout of the business such as open space and /or a dance floor and any space for congregating which does not include sit down food service. The bar /open area must not exceed 30 percent of the total premises. Minneapolis also requires food service and food preparation on site. Options: 1. Leave the food service requirements as they currently are in code. The City in 2013 approved reduced seating requirements from 50 to 40 which allowed more flexibility to owners. Current standards though are more restrictive than state requirements and could limit interest in potential restaurant opportunities in the City. Leaving in the 50 /50 sales requirement would prevent the attraction of new ventures like breweries and brewpubs. 2. Amend the City Code to remove the alcohol /food percentage for restaurants. This could allow for greater customer choice of premium products and allow for restaurants to compete with restaurants in neighboring cities. The seating requirement could remain in place and act as a deterrent to the promotion of drinking. 3. Reduce the seating and eliminate the sales volume requirements to allow for greatest amount of choice in restaurant options to Mound residents. This and the other option could be coupled with additional owner documentation that they are providing alcohol server training to new and existing employees. Other Topics for Consideration Number of Liquor Licenses MN Statute 340A.413 limits the number of on -sale Intoxicating liquor licenses which the City may issue to six. This is based on the population of the City and could be amended through City ordinance amendment to be more restrictive or by referendum to be less restrictive. Currently the City has issued three on -sale Intoxicating liquor licenses: Al & Alma's, Carbone's, and Cattails. The Club license for the American Legion and wine /beer for Dakota Junction are not included in this limit. Off —Sale Licenses The City Code establishes the City Muni as the only off -sale liquor store in Mound and the City Code does not allow for breweries or micro - breweries. To accommodate breweries or brew pubs the liquor ordinance regulating this area would need to be amended. The City of Wayzata currently has a municipal liquor on -sale and off -sale and a brewery tap room and off -sale growler sales. Other cities such as Brooklyn Center have also held both an exclusive municipal off -sale with a micro - brewery business which offered off -sale brewery products. Tap Rooms and Breweries in Mound area Since the "Surly Bill" was signed in 2011 there has been a large increase in the number of microbreweries in Minnesota and the metro area Below is a list of cities and breweries in the area: • Excelsior — Excelsior Brewing with Food Truck service • Minnetonka — Lucid Brewery — Growler sales • Minnetonka —Pryes Brewery • Victoria - Enki Brewing - Tap Room which provides a limited menu from a local restaurant • Victoria — Lazy Loon Brewery —Tap Room pending • Waconia - Waconia Brewing Company —Tap Room • Waconia - Schram Vineyard Winery & Brewery — Growler sales and Food Truck service • Minnetrista — Ordinance allows for microbrewery, and brew pub sales • Orono — Ordinance doesn't address microbreweries or brew pubs Brew Pubs and microbreweries have become destinations throughout the state and these businesses generally have a strong community connection and support local charities and other institutions. The growth of breweries and brew pubs along Lake Minnetonka provide examples of community interest in this type of business and if the ordinance is amended to approve Microbrewery and Brew Pub licensing Mound would be prepared to be a part of this growth industry. S MEMORANDUM To: Mayor Wegscheid and City Council From: Eric Hoversten, Public Works Director Stewart Simon, Field Service Officer Date: October 15, 2015 Subject: Proposed Language Changes to Chapter 42 of the City Code .lasea........... e®® ®ae®®s oe............ a . . . a. sa...... a . . . . . . . . . . . . 0 The current city Code (Ch 42- 4 -(10)) implies a requirement that all lot areas be maintained and kept clipped to a vegetation height of less than eight (8) inches. This standard is not practical or enforceable; and if applied to the vast number and array of City owned lots would be unaffordable. Mound is a woodland community surrounded by waterfront and establishment of turf - grasses and typical manicured maintenance is not appropriate for all areas. Native or wild spaces within the community create transition spaces and buffers between improved and manicured spaces and the wild. Green -belts break up sight lines between properties and development areas, screen homes from road surfaces, provide visual interest, and provide habitat for appropriate urban wildlife. When and where appropriate, many of our partnering natural resource management agencies encourage the use of these wild spaces as buffers and passive treatment features to improve water quality on the lake. Tree hazard language is vague and has proven to be difficult to enforce as well. This language should be tightened up to require removal of dead trees from all improved lots. These become unsightly, host disease vectors harmful to other trees, often drop limber on adjacent streets and properties; and by nature of the improvement on the lot create an unavoidable hazard to properties. Language should allow for appropriate treatment by qualified experts in lieu of removal. Trees within unimproved or natural areas should be removed only when determined necessary to abate clear hazard to persons or property. The significant challenge in any lot maintenance ordinance is balancing owner taste with appropriate community standards and the views of others. Definition of particular, specific landscape treatments or detailed standards leaves the City overly - legislating "taste" — OK for a covenant community or Home Owners' Association; but not a municipality. Ordinance language should cover the following basic intents: + Where established, turf -lawns should be mowed at appropriate frequency. :: • When established, green belts should be maintained free of noxious or uncontrolled weeds. • Recognize the need for and benefits of allowing establishment and maintenance of native and naturally - occurring woodland, prairie, wetland, and riparian grasses, wildflower, and pollinator attractant areas within lots. • Control of noxious and invasive weeds and un- controlled growth of other weeds. • Dead, unsound, storm damaged, or diseased trees should be treated or removed from improved lots; or if they present a clear public hazard on unimproved lots. It is important to note, at this fine edge of defining taste, the basic definition of a nuisance refers to objections of any considerable number of members of the public and response to individual complaints relating to preference of appearance should be limited to only those cases where it is beyond argument to assume the opinions or statements of the individual would reasonably represent those of most others. Staff recommends adopting the proposed changes as shown in the attached ordinance amending Chapter 42 of the City Code. It should be noted if Staff is directed to bring forward the ordinance amendment for action, an accompanying amendment will be brought forward to change Chapter 62 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, as follows: ARTICLE II. PRIVATE STRUCTURES AND PRIVATE CONSTRUCTION ACTIVITIES ON PUBLIC LAND Sec. 62 -11. Special permits for certain structures on public land (e) Exception to City Council approval. Add the following: (5) Removal of or control of noxious weeds invasives or volunteer sapling /small diameter, low -value (Soft Maple Cottonwood Boxelder) trees in native, natural, or unmaintained areas. .• CITY OF MOUND ORDINANCE -2015 AN ORDINANCE AMENDING CHAPTER 42 OF THE MOUND CITY CODE AS IT RELATES TO NUISANCES The City of Mound does ordain: Section 1. Subsection 42 -4. Affecting Peace and Safety; of the Mound City Code is hereby amended as follows: The following are declared to be public nuisances affecting public peace and safety: (10) Noxious weeds, as that term is defined in Minn. Stars. § 18.77, and any excessive or un- controlled growth of other weeds, and un -mowed turf Brass exceedine - eight inches or more in height. Establishment and minimal maintenance of native and (14) All dead standing trees on improved lots or those on unimproved lands which present an immediate and direct hazard to life or property; all elm or other trees found harboring the Dutch elm beetle; all dead standing elm wood, and all cut elm or other wood found harboring the Dutch elm beetle. Live trees Section 2. Subsection 42 -6. Abatement; of the Mound City Code is hereby amended as follows: (b) Failure of owner to abate after notice from city. If the owner or occupant thereof fails within seven days after posting of notice on the subject property and/or after posting by first class mail to abate a public health hazard, or public nuisance affecting peace and safety on the property, the city, by and through its authorized personnel, may enter upon such property and abate the public health hazard, or nuisance affecting peace and safety by any reasonable means, including contracting with a private person to do so. For the purpose of regulating weeds or un -mowed turf- grasses which exceed eight (8) inches or more in height and providing notice to an owner for abatement pursuant to this section, only one (1) notice for abatement will be sent and such notice shall stay in effect for the entire growing season, meaning that if at any time after the issuance of the notice of abatement the nuisance reoccurs, the City shall abate the nuisance without further notice to the property owner. No other notice of abatement for weed abatement shall be required. Passed by the City Council this _ day of 2015 Mayor Mark Wegscheid Attest: Catherine Pausche, City Clerk Published in the Laker the of 2015. Effective the 1st day of January, 2015. MEMORANDUM To: Mayor Wegscheid and City Council From: Eric Hoversten, Public Works Director Date: October 15, 2015 Subject: Proposed Language Changes to the Code Chapter 46 - Use of Drones mm m a a mma®aa®amammf a a a m mammalm®mma ammmae a m a s s ammma mmm a® am m ama m® m am® m®®mm a m a m m mma Recent advances in technology present new and easily - accessible means for persons to harass or otherwise impact the rights and privacy of others. One such method is the explosion in availability and capability in small remote aerial platforms presenting a variety of potentially disruptive capabilities in addition to their valuable contributions to society. The FAA has limited its oversight on these equipments to regulation of the use of airspace, and not to what purpose they are used. Other communities have attempted to establish areas as "drone free" only to find this difficult to enforce, and self - limiting in terms of how many vendors are adapting the technology to useful purpose (agronomy, photography, engineering, surveying, mapping, wildlife management, etc). New means of harassing, intimidating, and violation to privacy are not limited to just drone -use. Many stationary technologies now exist which may be used to the same detrimental effect. Many beneficial activities are enabled or made more efficient through the use of similar stationary technologies and can be reasonably expected to be present by the public; traffic cams, weather cams, wildlife cams, area security cameras, optical sensors on stoplights, etc. These technologies or equipments are aligned to the specific purpose intended and do not specifically "target" or capture individuals or individual behaviors. In it important to note that behavior on public lands or in public spaces is public in its very nature. Private behavior on private property should be protected from the inappropriate application of these technologies while still preserving space in the community for their appropriate use. Enhancing language that defines lurking and trespass will give the city and law enforcement tools to use when personnel are identified participating in behaviors that disrupt the peace within the community in ways similar to traditional definitions of the same, but perhaps no longer requiring the same physical presence. Staff recommends adopting the proposed changes as shown in the attached ordinance amending Chapter 46 of the City Code. -91- CITY OF MOUND ORDINANCE -2015 AN ORDINANCE AMENDING CHAPTER 46 OF THE MOUND CITY CODE AS IT RELATES TO OFFENSES AND MISCELLANEOUS PROVISIONS The City of Mound does ordain: Section 1. Subsection 46 -139. Lurking or loitering; of the Mound City Code is hereby amended as follows: (a) Lurking, loitering, or being concealed in, upon, or near the public streets, highways, roads, alleys, ap rks, playgrounds, sidewalks, or other public grounds, and public buildings, places of amusement, entertainment or refreshment, vacant lots, parking lots, or other unsupervised places on any property, whether public or private, not his their own is prohibited: (1) When such conduct results in the making of any noise, riot, disturbance, e- improper diversion, or constitutes voyeurig, unauthorized recording surveillance or harassment to the annoyance or disturbance of a reasonable person; Section 2. Subsection. 46 -140. Trespassing and congregating on business /municipal parking lots and private business premises. (d) Trespassing prohibited. (1) No person shall enter or stay on any business /municipal parking lot or private business premises, without claim of right or consent of the lawful possessor, during such hours as entry is prohibited by conspicuously posted signs; or (2) No person shall enter upon the land of another and, without claim of right, refuse to depart therefrom on demand of the lawful possessor or his agent. A demand to depart may be made orally or by posting at reasonable intervals signs which prohibit trespass on the affected land. Any city police officer may be appointed an agent of the lawful possessor of land for the purpose of making a demand to depart therefrom; or Passed by the City Council this _ day of 2015 Mayor Mark Wegscheid Attest: Catherine Panache, Clerk Published in the Laker the of 2015 Effective the _day of 12015. -92- MEMORANDUM To: Mayor Wegscheid and City Council From: Eric Hoversten, Public Works Director Date: October 15, 2015 Subject: Proposed Language Changes to the Code Chapter 70 Traffic and Vehicles ...... •.easaaa....asaa a....... a.. a a.asaaa.a a• 0.... a..uasa• aaaa.a a vaa.a. There have been a number of occasions were community members have expressed concern regarding use or operation of general purpose and street vehicles on unimproved right -of -way and commons. Preliminary advice from our legal council has indicated that the code language is not clear enough to allow the City to enforce the desired community standard for these areas, similar to the specific prohibition to driving off improved surfaces in parks as specifically cited. The included changes add unimproved street right -of -way and commons to the language already in place for driving in parks. It also amplifies the language to require submission of a Public Lands Permit if these traversing areas for the purpose of providing work access for shoreline improvements is desired or required. Staff recommends adopting the proposed changes as shown in the attached ordinance amending Chapter 70 of the City Code. -93- CITY OF MOUND ORDINANCE -2015 AN ORDINANCE AMENDING CHAPTER 70 OF THE MOUND CITY CODE AS IT RELATES TO TRAFFIC AND VEHICLES The City of Mound does ordain: Section 1. Subsection 70 -14. Driving in parks, commons unimproved roads and alleys and right of ways; of the Mound City Code is hereby amended as follows: No person shall drive or operate unauthorized motor vehicles in any public park commons, unimproved street or alley right -of -way except on improved roads, trails, or designated parking areas as they may Passed by the City Council this _ day of 12015 Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk Published in the Laker the of 2015. Effective the _day of 2015. MEMORANDUM Date: October 21, 2015 To: Mayor and City Council From: Catherine Pausche, Director of Finance and Administrative Services Subject: City Code Amendment - Chapter 2 Administration (Residency Requirements) Staff would like direction on whether or not the Council wants to amend the City Code as it relates to Administration and, specifically, residency requirements for commissioners. Any changes would need to address: • The question of residency requirements for seats on the Planning, Parks and Open Spaces (POSC) and Dock and Commons (DCC) Commissions and possibly any ad -hoc commissions • The need to distinguish between residency and being a property owner • The need to specify what happens when a sitting commissioner moves out of the City - whether they can finish through the end of the year, finish their term if more than a year, and/or vacate their seat immediately Please note The DCC has a de facto residency requirement as members of the DCC must be a dock license holder and therefore a resident. It should be noted that the issue came about when the POSC Chair Brian Roth moved to Minnetrista. Since our code is silent, he was allowed to finish his term which expires at the end of this year. Please see the response from the LMC regarding residency requirements as well as excerpts from the Anoka and Burnsville policies on commissions. In addition, two resolutions that specify the process for appointments and reappointments of commissioners and the interview process are attached. There is a need to acknowledge that it can be difficult to fill vacancies on some commissions but also that the City must ensure the tax payers' interests are protected. Staff recommends, for simplicity, that residency should be required for commissioners on all commissions, but that if a commissioner moves out of the City mid -year, that they are allowed to finish through the calendar year, if they so desire, in order to allow time for recruiting a replacement. An ordinance amendment to implement this recommendation is attached. 0 CITY OF MOUND ORDINANCE -2015 AN ORDINANCE AMENDING CHAPTER 18 OF THE MOUND CITY CODE AS IT RELATES TO ADMINISTRATION The City of Mound does ordain: ARTICLE VII. BOARDS AND COMMISSIONS DIVISION 1. GENERALLY Sec. 2 -213 2 267- Reserved. Residency Requirements. Members of the Planning Parks and Open Spaces and Docks and Commons Commissions must be a Mound resident to be appointed and must vacate their seat on the commission by the end of the calendar year in which their residency status changes Residency requirements for members of ad -hoc commissions will be determined by the City Council at the time the ad -hoc commission is established. Secs. 2 -214 -2 -267. Reserved. Passed by the City Council this _ day of 12015 Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk Published in the Laker the of 2015. Effective the day of 2015. From: Helmer, Chelsea [mailto•chelmergImc.org] Sent: Friday, March 20, 2015 9:06 AM To: Catherine Pausche Subject: Research Inquiry Response - Residency Requirements Dear Ms. Pausche, Thank you for submitting the following on -line inquiry: "Our City Code does not specifically state that council members and commissioners have to be residents. Is there something in state statute that requires that? Is this something that should be specified in our code ?" For council members, the residency requirements are set forth in the Minnesota Constitution and State Statute. The Minnesota Constitution and Minnesota Statutes 201.014 and 204B.06 currently provide that to hold elective city office, individuals must be qualified city voters, at least 21 years of age on the date of taking office, U.S. citizens, and residents of the city for at least 30 days before the election. Because residency for elective office is addressed by State law, it would not be necessary for the City to add the requirement to the Code absent a change in State law. Regarding commissioners, I noted that Mound is listed as a Statutory Plan B City. Plan B cities are restricted to having advisory boards. Currently, there is no residency requirement for advisory board members under state law. If state law does not require residency, the city council may require residency or they may allow non - residents on a board or commission. I am attaching two examples of appointment guidelines from Anoka, MN and Burnsville, MN that might assist you if needed. I would note that Anoka is a Charter City so you can disregard those provisions related to the Charter (you also may need to open the document Read - Only). I hope this information helpful and please do not hesitate to contact our office if you need additional information. This response is intended to convey general information and should not be taken as legal advice or as a substitute for competent legal guidance. Consult your attorney for advice regarding specific situations. Thank you for contacting the League of Minnesota Cities! Sincerely, Chelsea Chelsea J. Helmer Law Clerk Research Tel: (651) 215 -4040 Fax: (651) 215 -4128 chelmer(o)lmc.org I www.imc.org League of Minnesota Cities 145 University Ave. West I St. Paul, MN 55103 Connecting & Innovating since 1913 Web Facebook J0 Twitter Blog Please note, this information is not legal advice and is not a substitute for competent legal guidance. Consult your attorney concerning specific legal situations. N Policy 2004 -01 Polity Establishing Procedures forAppointments to Boards & Commissions Page 2 of 3 V. Appointment Process. Appointments shall be made annually by the City Council at their first regular meeting in December. In the event that there are more applicants than vacancies, at its discretion the City Council may choose to interview interested applicants. Members shall be appointed by a majority vote of the City Council, unless otherwise provided for by State Statute. VI. Residengy Requirements. It is declared by the City Council that a requirement of residency for all boards and commissions is not in the best interest of the City and it has been determined that residency requirements are as listed below, per enabling ordinance or resolution: Home Rule Charter Commission: Appointed by District Court Judge Economic Development Commission: Residency not required. Members must be those, who in the judgment of the City Council, are representative of the community and are qualified by training and experience and interest useful for the fulfillment of the Commission's responsibility in economic development. Heritage Preservation Commission: Residency required. Members must be citizens of the City of Anoka who have demonstrated an interest in the historical, cultural or architectural development of the City and at least two members shall be preservation - related professionals, if available in the community. Per Minnesota Statute 471.193, the Commission must include a member from the Anoka County Historical Society, if available. Housing & Redevelopment Authority: Residency required by Minnesota Statute 469.003. Human Rights Comm ssion: Residency not required. Members must demonstrate an interest in Human Rights and Social justice Issues. Parking Advisory Board: Members shall be either residents, property owners, or rent office /commercial /industrial space in the City of Anoka. Parks & Recreation Board: Residency required. Planning Commission: Residency required. Utility Advisory Board: All members of the board shall be either residents, property owners, utility customers, or employees of businesses in the City of Anoka. At least four (4) members shall be residents of the City of Anoka. Waste Reduction & Recycling: Residency required. Members must be residents of the City of Anoka and are expected to be interested in solid waste matters as they relate to the overall general welfare and development of the community. yo- Policy No. 1.020 Page 2 III. PROCEDURES A. All persons making application to the City Council for a position on a citizen board or ad hoc committee shall be residents of the City of Burnsville. This requirement may be waived by the Council in the case of the Economic Growth Committee, the HOC Design Review Committee, the Board of Appeals and ad hoc committees if the applicant's place of business Is in Burnsville and their role on the board is based on a board - related occupation. B. No person shall serve as a regular or alternate voting member on more than one citizen board or ad hoc committee at the same time. This procedure may be waived when Council deems it appropriate for a member of an existing board to serve on an ad hoc committee. C. When an individual's regular employment may potentially cause a conflict of interest with the normal items of business of a citizen board or ad hoc committee, he or she shall divulge such possible conflict in writing prior to the consideration for appointment. Prior to making an appointment, the City Council shall determine whether or not such potential conflict of interest would preclude the appointment of the applicant. D. Anyone already holding an elective county, state, or federal office shall not be eligible to serve in a regular voting position on any citizen board. E. No permanent full -time or part -time City of Burnsville staff employee shall hold a regular voting position on any citizen board or ad hoc committee except that a staff member may serve as an ex- officio member. F. Efforts shall be made to have a diversity of professions and occupations represented on all citizen boards and ad hoc committees. As a general guideline, at no one time should one -third of any one commission or committee be comprised of Individuals of like professions or occupations. G. As a general guideline, the members of each citizen board or ad hoc committee should be comprised of members representing a wide range of civic groups and interests. H. All citizen boards and ad hoc committees shall conduct their meetings in public and in general compliance with Roberts Rules of Order. Written minutes will be taken and forwarded to the City Council. Y. Standing Advisory Boards The following standing advisory boards shall be appointed by the City Council and shall meet on the days designated below: • Economic Growth Committee • HOC Design Review Committee • Parks & Natural Resources Commission • Planning Commission • Board of Appeals 7:30 am: 2nd Tues, of each month As needed 7:30 pm, Is` Tues. each month and 3rd Tues. if needed 7:00 p.m., 2nd & 4th Mon. each As needed October 24, 1989 RESOLUTION #89 -139 RESOLUTION APPROVING A POLICY ON APPOINTMENTS AND REAPPOINTMENTS TO ADVISORY COMMISSIONS BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, hereby establishes the following policy: Definitions of "Vacancy ": A vacancy occurs when a term expires and the commissioner holding that term does not desire reappointment. A vacancy also occurs when a commissioner resigns his/her position prior to the term expiring. 1. When a vacancy occurs, the City Manager is directed to advertise in the City's official newspaper that there are positions to be filled on a commission(s). Such advertising shall be done in the form of a "news release ". 2. Such news release shall include, but not be limited to, the number of vacancies, the length of the term, or request for letter of interest and /or resume, application deadline date, etc. The news release shall also state that prospective applicants will be required to interview with the city Council and respective commission jointly. Such interviews will be conducted as soon as possible following the application deadline. Each commission will formally recommend appointments following the joint interviews. The City Council will review those recommendations and will be responsible for making the appointments. 3. Current commission members who wish to be reappointed must indicate such and the reasons for being reappointed in writing a minimum of sixty (60) days prior to their term expiring. 4. It a member resigns during his/her term, such resignation must be in writing and submitted to the City Manager. 5. In the case of member resigning with less than ninety (90) days remaining, on his/her term, the City Council, at its discretion, may delay filling the vacancy until the term officially expires." The foregoing resolution was moved by Councilmember Jessen and seconded by Councilmember Johnson. The following Councilmembers voted in the affirmative: Jensen, Jessen, and Johnson. The following Councilmembers voted in the negative: Ahrens And Smith. Steve Smith Mayor Francene C. Clark Attest: City Clerk Docks and Commons Commission Work Rules — Approved 1 -20 -2011 5 -100- October 13, 1992 RESOLUTION NO. 92-136 RESOLUTION ESTABLISHING THE PROCESS OF INTERVIEWING CANDIDATES FOR ADVISORY COMMISSION APPOINTMENTS BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, hereby establishes the following policy as it pertains to the interviewing of candidates for advisory commission appointments: Candidates for appointment to advisory commissions will be interviewed jointly by the applicable commission and the city council at a regularly scheduled commission meeting. Following the interviews and at the same meeting, the commission will establish a ranking of the candidates, listing the candidates and the number of votes they have received. The results will then be submitted to the Council at the next regular Council Meeting. The Council will then make official appointments at that Council Meeting. BE IT FURTHER RESOLVED, that if candidates who wish to be considered for appointment cannot be present for the interviews that the commission and the city Council will base their decisions on the resumes submitted. The foregoing resolution was moved by Councilmember Smith seconded by Councilmember Jensen. The following councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following councilmembers voted in the negative: None. Skip Johnson Mayor Francene C. Clark Attest: City Clerk Docks and Commons Commission Work Rules— Approved 1 -20 -2011 6 0 MEMORANDUM Date: October 15, 2015 To: Mayor and City Council From: Catherine Pausche, Director of Finance and Administrative Services Subject: City Code Amendment - Chapter 18 Cemeteries The proposed ordinance is to amend areas of the City Code as it relates to the Mound Union Cemetery. The proposed changes are intended to update language and clarify policy and procedures related to cemetery administration and are thought to be self explanatory. Staff recommends adopting the proposed changes as shown in the attached ordinance amending Chapter 18 of the City Code. -102- CITY OF MOUND ORDINANCE -2015 AN ORDINANCE AMENDING CHAPTER 18 OF THE MOUND CITY CODE AS IT RELATES TO CEMETERIES The City of Mound does ordain: That Section I. Subsection 18 -32. Regulation of interments be hereby amended as follows: Regulations governing interments are as follows: (1) No interment other than that of an immediate relative or heir of the lot owner may be made in any lot without the written consent of the lot owner. The City will refer to the Table of Minnesota Heirship list to determine the status of a Living Heir who can authorize use of a grave lot without original deed consent The Living Heir must submit a notarized document attesting to their Living Heir status to the former deed holder and a statement that they will be responsible for any and all costs associated with any future dispute involving their Living Heir status and use of the grave lot. (2) All orders for interments in lots must be signed by the owner of the lot, or his their legal representative or their Living Heir. However, when this is impossible beeause sueh ensenisabsent&9m (4) No interment of two or more bodies shall be made in one grave except in the case of mother and child or two infants buried in one casket, and except that mbere. eremation beg laken place, the ashes 0 the same grave lot ar the remains ef one spouse ind the ashes ef the other spouse may be IRP.Rted en one grave let -or in the case where one urn of cremated remains is buried with one casket or two urns of cremated remains are buried. (7) In order to maintain a high standard of care and to eliminate sunken graves, it is required that all burials whether in a casket or in an urn, must be made in approved outside containers. All such containers must be made and installed as to meet specifications established by the cemetery. That Section 2. Subsectionl 8-3 5. Memorials be hereby amended as follows: -103- (a) Erection; fees. Lot owners may shall provide for the erection of a grave marker proper memorial al orki in the space designated by the sup -ice fte nQent City after the burial. No memorial may shall be placed until the price of the space used for burial and all burial fees have been paid. All placement of memorials or markers must be conducted by a City approved designee. (d) Size and quantity; (3) In lot sections, 30 inches by 15 inches, unless stone markers embracing two adjoining graves are used. Double markers may not exceed 48 inches by 15 inches except when double markers are used, no marker shall bear more than one inscription unless more than one body was interred in the grave, as in the case ` N'iH iHfamS, OF the ether and i.,c,,,.« Markees /- ll not be 1pqq than qix inehes in 1...:,.1,4 (4) Only one grave marker will be allowed per grave lot. U All markers will be flush with the ground with the exception of those grave lots in Division A. Passed by the City Council this _ day of 2015 Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk Published in the Laker the of , 2015. Effective the day of 2015. Date: October 14, 2015 To: City Mayor and City Council From: Catherine Pausche, Director of Finance and Administrative Services Subject: Discussion on Proposed Changes to the Fee Schedule Public Gathering Permits The City has implemented a Special Event Checklist for public gatherings and private events on private property that meet certain criteria. No fee is charged for processing a special event checklist, but the following permit fees that may apply: Public Gathering Permit, Musical Concert Permit, Sign Permit, Tent Permit and Temporary Liquor License. There has been some discussion over the past year as to whether we should have a tiered fee structure for public gathering permits. The City of Delano fee schedule was suggested as a potential model. It should be noted that the City of Delano and Delano Public Schools have a Joint Powers Agreement which governs the scheduling of City of Delano facilities and fields by Delano Community Education and the sharing of fees between the city and school district. Delano °s rental fee schedule ranges from $0 to $100 based on type of organization and percentage of population served/members. In addition, it was suggested a fee schedule be developed for both the base rental and services above and beyond the normal prep and maintenance provided by the City. Staff suggests the fee schedule should assume base rental and require a contract for services be created if above and beyond services are requested. The contract should indicate if services will be on an in -kind basis or whether the costs will need to be subsidized /reimbursed by the organizer. Staff requests that the complexity of assessing public gathering permit fees be minimized while making sure the City captures a reasonable amount for providing the service. Staff also suggests that a minimum fee be assessed to deter overuse and providing for the public enjoyment. Current fees for public gathering permits are $300 - $600, in addition to a refundable deposit. Council approval is obtained via resolution when a public gathering permit fee is reduced or waived due to the public benefit of the gathering. -105- Staff requests feedback on how to structure the fee schedule for public gathering permits and offers the following ideas on what the Council may want to consider, including: Incorporating frequency /impact: 1. Minimal impact on city owned property (small gathering < XX people) and no financial gain to organizer (Category II) 2. Material impact on city owned property (large gathering > XX people) and /or financial gain to organizer (Category 1) 3. Just passing through (typically on trail /county roads) (Category II) 4. Seasonal use of city owned property (Farmers Market, Soccer Club) (Category I - one time) Incorporating location: 1. Catergory I Locations: Surfside Park, Greenway, Centerview and Parking Deck 2. Category II Locations: Other parks (neighborhoods, veterans parks) Incorporating type of organization: 1. City or city sanctioned -criteria to show benefit to entire community (requires resolution by the City Council authorizing reduced or eliminated fee) 2. Non -profit (local (WCC, WSD) vs. unaffiliated (fishing tournaments)) 3. For profit or private individuals For example: As you will see from the resolution that follows, there are other changes to the fee schedule being proposed. Staff invites discussion on any of these changes. Most notably, Staff asks that the Council determine if the reduced fees for non - profits ($25) and employees ($62.50) for the Depot rental is allowed, as has been past practice. -106- Category I LOCATIONS Category 11 LOCATIONS organization Type Category I Impact >XX People or financial gain Catergory II impact <XX People Deposit Category I Impact >XX People or financial gain Catergory II Impact <XX People Deposit City /City Sanctioned $0 or reduced per resolution $0 $0 $0 $0 $0 Local Non - Profit or Community Ed ? ? $500 ? ? $200 Unaffiliated Non - Profit ? ? $500 1 ? $200 For Profit /Private ? ? $500 ? ? $200 As you will see from the resolution that follows, there are other changes to the fee schedule being proposed. Staff invites discussion on any of these changes. Most notably, Staff asks that the Council determine if the reduced fees for non - profits ($25) and employees ($62.50) for the Depot rental is allowed, as has been past practice. -106- Pet Licensing Research and Analysis By Kevin Kelly, Administrative Services Coordinator There are approximately 150 current pet licenses issued by the City out of just over 4,000 households. Studies indicate that nearly 50% of Minnesota households own a pet with 1/3 of households having at least one dog. Based on these pet ownership statistics, the City has at best around 10% of all dogs and cats currently licensed. The great majority of current licenses are issued for dogs. The low rate of license compliance is typical for most Minnesota cities. I canvassed metro area and cities statewide and the majority do not actively pursue renewals of dog licenses. I reached out to Chief Farniok and other municipalities in the metro area for a total of 13 municipalities ranging from a population of 300 to 106,000. All cities in the survey license dogs except for Rochester which stopped licensing this year and now requires dog owners to micro -chip their dog and /or wear an ID when out in public. As with nearly all cities surveyed, Rochester does not actively enforce animal licensing. These cities generally will respond to licensing issues based on resident complaints about barking and dangerous or off -leash dogs. Those cities that do solicit renewals are contacting owners whose pets were previously registered but the tags are expiring. Most cities reach out via newsletters, city websites, public flyer posting and advertising. A couple of cities use their utility billing mailing as an avenue of outreach to residents. Chief Farniok stated the Orono PD is not actively seeking out non - licensed dogs but will respond to resident complaints on an active, off - leash, dog issue. If a dog is picked up and not licensed it makes it difficult to return animals. An animal which is not licensed is kenneled and a CSO will follow up to ensure the animal gets licensed. The Orono PD works with the Mound Field Officer on dangerous dog related issues. Microchips are becoming much more common. The City currently charges residents $25 -$35 for a two -year license which covers administrative costs to process the licenses. License programs of surveyed cities • License is typically 1 or 2 years • Cost of a license at $5 -$20 per year • All require proof of rabies vaccination • Low number of animals in cities are licensed and enforcement limited Incentives to licensing used by other Cities • Pet with a 3 -year rabies vaccine gets a 3 -year license at same value as two -year • License fee discounts for Micro - chipping the animal • Issue a life of the pet one -time license -107- Options 1 Adopt a Lifetime Pet License A cost effective option to pet licensing would be to replace the 2 -year pet licensing with a lifetime license. Positive outcomes of this option: • Reduce Staff time dedicated to pet licensing freeing them up for other customer service priorities • Pet and owner information would remain with the City • Save on advertizing, processing costs, and replacing tags • Proof of rabies vaccine would be required for the initial license Most pet owners who seek out a license are generally conscientious and will continue to provide healthcare for their pet over the pet's lifetime regardless of licensing requirements. 2 End City Dog and Cat Licensing The lowest cost alternative to pet licensing is to remove the requirement from the City Code altogether. Enforcement would continue on dangerous . The City Code could be amended to add pet regulations such as micro- chipping in lieu of licensing. It would only be enforced if a stray is picked up and not mirco- chipped. 3 Keep License Requirement and Increase Enforcement In order to increase pet licensing numbers in the City, outreach and engagement with residents will have to increase. Current outreach is done through the City newsletter which is mailed to residents and regularly includes licensing reminders. Outreach ideas to increase licensing in City • Use the City website listsery to directly contact residents about licensing • Use utility billing to market licensing program • Partner with a local veterinary clinic on rabies vaccine /licensing event • Promote licensing at community events The City has created a pet licensing flyer which will be offered to local veterinary clinics for display. This flyer could be sent out electronically to residents on the listsery as licensing season approaches. An email blast could be done at virtually no cost. The City can assess the effectiveness of the direct email approach and explore other outreach options if numbers do not increase. Staff recommends either elimination (Option 2) or a combination of Option 1 and 3 (Lifetime and increase outreach). 0 CITY OF MOUND RESOLUTION NO. 15- RESOLUTION ADOPTING FEE SCHEDULE FOR 2016 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Fees shall be hereby established. In the event of a conflict between this schedule and the City Code the fee schedule shall prevail. An application or code provision may require payment of fees for consultation with experts, professionals, or other qualified persons or for other matters which may result in the imposition of a fee greater than listed in this fee schedule. ADMINISTRATIVE FEES & CHARGES Comprehensive Plan $30.00 Copies $0.25 /page Faxes $0.25 1page 38 -23 Duplicate license /permit $10.00 each Duplicate meeting tapes $3.00 /tape Board and Commissions Minutes (not Council) $0.25 /page Notary (set by State) $1.00 each Returned Check $30.00 1check Zoning Ordinance $20.00 Fee $25 00/aG ., Rt 74 -129 Gel4ifiGatieR (per parcel) Late fee for invoices not paid within 30 days 1 % per month (for billable services provided by City) AMUSEMENT & COMMERCIAL RECREATION Amusements: (Set by State) Expire April 30 10 -37 Mechanical Amusement Machines $15.00 /location+ $15.00 /machine Arcades: Expire Dec. 31St 10 -37 Arcade Permit (fee per machine) $15.00 /location + $15.00 /machine Carnivals Shows Entertainment: 10 -73 Circus, carnival, or show, game OFeeRsert indoor show $100.00 /day Outdoor show $100.00 /day Tent shows $100.00 /day 10 -73 Musical concert $50.00 /day Parades: 38 -1 Parade -109- N/C BUSINESS AND MISCELLANEOUS Alcoholic Beverages: Expire June 30th 6 -112 3.2 beer license investigation fee $500.00 /investigation 3.2 beer off -sale $150.00 /yr. 3.2 beer on -sale $500.00 /yr. 3.2 beer on -sale temporary (non- profit) $25.00 /day (for profit) $50.00 /day 6 -21 Set -ups ( +State charges $150 for $300.00 /yr. Consumption & Display Permit) Temporary (one -day) set -ups $25.00 /day 6 -49 Liquor Lic. Investigation fee per investor (in state) $500.00 /app (out state) Actual (up to $1,000) 6 -48 Liquor on -sale $5,000.00 /yr. Liquor on- sale /cabaret $5,000.00 /yr. Temporary On -Sale Liquor 1 -4 Da $50.00 /dayevent 6 -48 Wine on -sale $500.00 /yr. Investigation fee $500.00 /investigation 6 -48 Club license (regulated by State) Membership 200 or less: $300.00 /yr. Membership 201 -500: $500.00 /yr. Membership 501 - 1,000: $650.00 /yr. Membership 1,001- 2,000: $800.00 /yr. Membership 2,001- 4,000: $1,000.00 /yr. Membership 4,001- 6,000: $2,000.00 /yr. Membership more than 6,000: $3,000.00 /yr. 6 -48 Sunday liquor $200.00 /yr 6 -53 Civil Penalty for violation to comply First violation $500.00 Second violation $750.00 Third violation $1,000.00 plus public hearing before City Council to consider suspension and /or revocation of license 6 -117 Civil Penalty for violation to comply First violation $500.00 Second violation $750.00 Third violation $1,000.00 plus public hearing before City Council to consider suspension and /or revocation of license Charitable Gambling: Investigation fee (set by State) $200.00 Cigarettes: Now regulated by the County. -110- Fireworks: 38 -253 License to Sell Consumer Fireworks $100.00 /yr. Additional inspection if needed +$35.00 Garbage Collection: 54 -48 Permit Fee $500.00 /yr. Secondhand Goods Dealer Background check/investigation fee $100.00 first year Dealer License aRRual background rhenk $100.00 /yr. Peddlers & Solicitors: 38 -152 Transient merchants, Peddler, Hawker One day $30.00 One week $50.00 One month $75.00 One year $200.00 CEMETERY FEES 18 -22 Adult grave - resident (or prior resident with proof) $600.00 Adult grave - non - resident $1,100.00 Baby grave- resident (1/2 Grave) $300.00 Baby grave- non - resident (1/2 Grave) $550.00 Ash burial - resident (1/2 Grave) $300.00 Ash burial - non - resident (1/2 Grave) $550.00 Locate Actual cost $50.00 /mo. (min $35.00) Maintenance Agreement (June -Oct) $15.00 /mo. Ash burial placed on top of casket (limit 1 urn) $50.00 DOCKS: 78 -38 Commercial Boat (fee per boat) $30.00 /yr. 78 -56 Commercial Dock Renewal $500.00 /yr. Slips $30.00 ea /yr. Boats stored on land $10.00 ea /yr. 78 -76 Charter Boat License Fee $1,000.00 /yr or $100.00 /occurrence Investi ation Fee $100.00 78 -101 9 Non - refundable processing fee for wait list Application $20.00 /yr 78 -101 Processing fee for full dock refunds $50.00 78 -101 Late dock license application fee on or after March 15t (abutters only) $50.00 /mo. 78 -101 Late dock license application fee for applications received between March 15t and March 3151(non- abutters only) $100 78 -101 Dock fee that includes primary watercraft (1 boat) $325.00/yr 78 -101 Each secondary watercraft $100.00 /yr. 78 -101 Sailboat mooring $325.00/yr 78 -103 Shared dock application - filed on or after March 15t $25.00 78 -102 Temporary Visiting Dockage Permit - up to 21 days $50.00 78 -103 Shared dock (Secondary Site Holder Fee) $175.00/yr LMCD charge (based on boat length) Set by LMCD LMCD charge (no boat) Minimum as set by LMCD -111- 78 -104 Penalty fee for undeclared boat at dock (license holder) $100.00 78 -104 Penalty for undeclared boat at a slip (license holder) $100.00 78 -121 Multiple Slip Fee $375.00/yr 78 -121 Multiple Slip LMCD Fee $15.00 78 -121 Small watercraft slip fee $100.00 /yr 78 -121 Lost Lake Slips Multiple (Villa of Lost Lake Residents) $1,148.00/yr 78 -121 Lost Lake Slips Multiple (to Mound residents who are not Lost Lake residents) $1,950.00/yr. 78 -121 Lost Lake Slips Multiple (to Non -Mound residents or Lost Lake Residents for second slip) $2,050.00 /yr 78 -121 Lost Lake Slips Multiple (After August 1st of the year) $1,000 /yr 78 -121 Lost Lake Slips LMCD $18.75 78 -121 Multiple Slip Refundable Key Deposit $50.00 78 -123 Processing fee for full slip refund $50.00 78 -123 Processing fee for voluntary suspension of license $50.00 78 -123 Penalty for boat at slip after October 151h deadline $100.00 FIRE /EMERGENCY SERVICES: Fire report (MFD Report) $10.00 ,n_G1 P D '+ xan nn 30 fil -26 =56 False Alarm (per calendar year) Fire and Burglary Separate 1 St $0.00 2nd $0.00 3rd $50.00 4th $150.00 5th -10th $250.00 ea. over 10 $500.00 PARKS & RECREATION: Depot rental — residents Depot rental — non - residents Damage deposit Cancellation fee (depot) City Hall /Centennial Building room rentals $125.00 1day $250.00 /day $350.00 plus $50.00 cash $50.00 $75.00 /day 50 -20 Public Gatheringsroh Permitted Public'Land`s (Also requires Special Evenf:'Perrnit' °Application) Special Events Permit on Privately Owned Property -112- TAX FORFEIT AND /OR CITY -OWNED PROPERTY Fee for staff review of request for release of tax forfeit and /or city -owned land $200.00 Escrow Deposit for above $500.00 POLICE SERVICES Animals: €Wwei A� 14 -38 Dog /cat license: Pet's lifetime' yeaF, neutered -. ^yed, with proof of rabies vaccination $25.00 After ApFil of odd spayed x�c nn °fter- �d ear Duplicate Tag or update to contact info: $1.00 ... 14-44 Commercial Kennel: 00 application: Late on _ 00 Redemption po Orono Impound/Release FiFGt impound in GUFFeRt yea ... .. --- abov __mpound fees, plus liGense PurGhase and following kennel fees _ I Rd " RiMals kenRPI fIBP $13.00iday (fPP stai4s the day the aRimalis brought into the kennel) .. SPECIAL CONTRACTOR LICENSES Heating AC, Ventilation: Contractor registration: $0.00 Tree Surgeon: Expires April Vt 38 -207 Tree surgeon (removal & treatment) $200.00 /yr. Street Excavation: 61 -23 Street excavation: Unpaved street $100.00 +$500.00 deposit Asphalt $100.00 +$500.00 deposit Concrete $100.00 +$500.00 deposit -113- MEMORANDUM Date: October 15, 2015 To: City Mayor and City Council From: Catherine Pausche, Director of Finance and Administrative Services John Colotti, Liquor Store Manager Subject: Marketing Efforts and Environmental Factors for 2016 Budget Attached are two proposals for website design and content management. The liquor store is proposing to increase its advertising /marketing budget (account 4340) to $25,000 for 2016. This is in response to anticipated market pressures from a Total Wine & More that is being built in Chanhassen and expected to open in March of 2016. This is the second generation website design for Harbor Wine and Spirits. Management's preferred vendor is the Prime Advertising and Design as the content of the proposal and face to face meetings indicate a higher quality product and service, specifically better deliverables, analysis, and references. Other cost pressures include the rise in minimum wage and the ability to attract and retain part- time help, therefore part-time wages are proposed to increase to $90,000 in 2016. Management is evaluating how to work with less staff who are more experienced and better compensated. The unknown is what impact Total Wine & More will have on revenues. Many residents in the area commute, so to some extent have had options all along. Harbor Wine & Spirits has focused on customer service and convenience as the major competitive advantages. As a result, no increase is being proposed from the 2015 budget for revenue or cost of goods sold. Below is a summary of transfers from the Liquor Fund to the General Fund for 2014: Administrative Charges $33,780 Inter fund loan interest* $11,529 Transfers (Tax Relief) $50,000 Total for 2014 $95,309 *Note: Inter fund loan principal and interest are $96.5K per year through 2018, and $56.4K in 2019 when it is paid off. This should increase the opportunity for additional tax relief if current level of revenues and expenses can be sustained. -114- 6 N M N O a` a M d r d U ry O C C a`10? 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Murray President /CEO Greg Anzelc Sales & Marketing Director -116- e. PRIME Harbor Wine & June 24, 2015 Thank you for the opportunity to implement Prime Advertising & Design's Professional Web Services. Our company's team oriented environment ensures website solutions are completed: on time, on budget, and with plenty of room for growth. The estimate at hand will relate costs and investment to the recommendations made by our Nveb services team. This is a foundation to build upon as your Internet needs continue to grow and evolve with the marketplace. We will address your goals to: • Design website using the latest Responsive Web technology with wide design • Build website using the latest SEO techniques o Custom SEO URL's o Breadcrumb Trails o Inner Page Linking • Blog (optional) • E -Mail Marketing (optional) • Design website on our state -of-the -art Content Management System (CD'1S) • Statistics for dally reporting on site traffic, referrals, keywords and more (Google Analytics) Your technology will always be up -to -date �Nith Prime Advertising & Design as your web presence w ill be designed and positioned for growth and ease updates. Although software and system technology is important, Prune Advertising & Design understands that it is only part of the equation, which is why we position ourselves as a full service "VIeb Services Partner" that works as part of your team by providing on -going managed service that is proactive, personal, pleasant, and prompt: o Proactive: Constant maintenance of applications o Personal: We become part of your technology team and take ownership. o Pleasant: We value our customers and like what we do. o Prompt: Action is taken immediately no questions asked. This estimate allows our web services team to work closely with you and incorporate a unique look and feel that reflects your organization. As you might have gathered from our conversation we hold a special passion for accomplishing your most complex obstacles and providing you with the ideal solution you desire. We believe our professional expertise and web design service meets your need for an efficient Internet presence. We look forward to working with you and we are very excited to get this project in motion. Sincerely, \\ NA7H,1,ra�r.,t- ---I _. Mark J. Murray Nathan D. Ohnscheid President /CEO Chief Operating Officer 763.551.3722 763.551.3711 Mark &PrimeAdvertising.com NathankPrimeAdvertising.com 6450 Wedgwood Road North, Suite 100 a Maple Grove, Minnesota 55311 • P 763.551.3700 o 1`763.551,3701 a PrareAdvertising.com 2of9 -117- PRIME Harbor Wine & Navigation /Page Structure Recommendation: Main Navigation: • Home Page (La`-out with navigation, 9lideshow area, overview paragraph, highlights) • About Us • Wine (feature area for product of the month or week) • Hops Corner (feature area for product of the month or week) • Liquors (feature area for product of the month or week) • Recipes • Specials • Tastings & Events Secondary Navigation o Testimonials with Randomizer • Contact Us (Google Map, Contact Form) • Blog (optional) • E- Newsletter Sign -up (optional) Highlight Areas: New Products, Diverse Wine Selection, Local and Craft Beer, Hosting a Party ?, Specials, Upcoming Events Social Media (Recommended links to the following pages): Blog (optional), Facebook, Twitter, Google +, Pinterest, 6450 Wedgwood Road North. Suite 100 • MaPle Gmve, Minnesota 55311 • F- 763.551.3700 • F 763.551,3701 • FdmeAdvertisingaom 3 of iii PRIMC" Harbor Wine & Scope of Solution: Below are the areas that Prime will be applying hours of service towards in this estimate. DNS Management: Domain Name: wvvw.HarborWineSpirits.com Expiration Date: May 22, 2016 Domain name registration /renewal and DNS reporting, IP information gathering and monitoring. Content Management System (CMS) Set Up: Fixed Rate The CMS allows you to control tour website without professional coding skills. You will be able to fully manage teat, Images, create forms, add pages and keep your site up -to -date as your business grows. Design Services: 20 hours Responsive layout and design using colors and font style selections to reflect company linage Prime will create an initial home page mock; you can then make 2 rounds of revisions to the initial design /la }-out if needed to reach a final approved mock. Any further changes beyond the 2 rounds will incur additional charges at our hourly rate. Once the home page mock is approved an inside page mock will be created for approval. Dynamic Home Page Slideshow Area: 3 hours A DH "I`Ntl, file with up to 4 to 6 photos, taglines and a its on will be created for the home page. DHT7 Il, is a slideshow feature that allows you to make edits to photos or taglines using the CMS. jQuery is slideshow feature that has SF,O and allows ,,on to make edits to photos or taglines using the CMS. A storyboard will be created with photos and text to be used for our approval before the file is created. Pvime doer not train on. -1lobe P/woshop or any' other pmprietar7 ro(twal Programming: 30 hours Prime's programmer will slice the approved home and inside page designs, program the navigation and page structure, articles, forms, photo galleries, highlights and complete all site functionality. Content Entry or Transfer: 8 hours Prime will either transfer content from your existing site or add the new content supplied by your company and /or copywriter to each page of your site. Supporting photos and images will be added to designated pages or galleries. Project Manager (PM) and Staff Consulting! 10 hours Prime's PM will lead all communication during the project process with the client and Prime staff. This efficiency in communication gives you, the client, one person to communicate all project needs, questions and details throughout the project ensuring clear and accurate processes. Communication includes email, phone, fax and person -to- person interaction. Search Engine Optimization (SEO): 6 hours The goal of SEO is to gain organic (free) search engine results. To help achieve this, Prime will add the following to the site: SEO URL's, breadcrumb navigation, page titling and meta data. You will be provided with a web statistics account to be able_to ._ review the traffic on their site. Prime offers additional ongoing SEO and pay -per -click services, an estimate for these services can be requested. 6450 Wedgwood Road North. Suite too • Maple Grove. Minnesota 55311 • P 763.551.3700 o F'763.551,3701 o PrimeA&e tu;ingaom 4 of -119- Harbor Wine & Optional Functionality: It PRIME' Blog Setup & Design: 9 hours Prime will create and customize a W'ordPress blog to match the website design. Prime N,,U provide a 1 hour training session on how to post and manage your blog. RSS feed capabilities will also be setup. E -mail Marketing Tool: 9 hours Prime is a proud Vertical Response Partner or Constant Contact for e -mail campaigns. The service allows the creation, management, and reporting of e -mail campaigns. Prime will design an e -mail template based on your website design. A one - hour training session is provided. copywriting Services: 12 hours Prime can help write the content for the site in two ways - either performs an interview with you or you can provide a rough draft for us to enhance, All copywriting includes research, xvriting and /or editing, a first draft is provided with two rounds of revisions_ Video Production: Flat Rate Prime wilt script and produce a 1 -2 minute video for your website. Video is an important SLO tool, which will help enhance your rankings on search engines. The video can be a general business overview, a customer testimonial, and /or a mix of both. Standard pricing includes a single location shoot. Print Advertising Creative Services: 10 hours Prime marketing and design team will graphic design and brand I larbor Wine & Spirits for all print ads and marketing collateral for up to 10 hours of design time. Ex, Publication ,ids, Social Media Graphics, Flyers, Postcards, etc. 6450 Wedgwood Road North. Suite 100 • Maple Grove, Minnesota 55311 e P:763.551 3700 a F 763.5513701 a PrimeAdvertising.com 5 of -120- I C - -` Harbor Wine & Spin Monthly Managed Services Doing business on the Internet requires a vigilant team of skilled professionals and a state of the art datacenter. Managed service provides tour business with an all- inclusive package. Hosting Our Data center is connected to the Internet via 5 redundant fiber connection carriers. Its features include: • Redundant Ticr -1 connections to the most powerful backbones in the US • Savvis, Aq' &T, Verizon, Sprint, & Lcvc13 • ,aggregate connectivin reaches 8,500+ networks just a single network away from our uplinks. • Multiple Redundant Gigabit Ethernet Links • 24/7/365 On -Site Security • Multiple Licbert State of Art Cooling Systems • Multiple Kohler and Cummins Diesel Generators • Diultiple Powerovarc UPS Systems • Liebert PDLI Units • RAID Redundant Servers • Firewall Protection • Static IP and SSL certificate encryption available • 10GB of Bandwidth Traffic per month • 1GB of Disk space Utility Services • DNS, A, NIX, T\T record management • Email Options are available and can be estimated upon request • Google Analytics Statistics • Domain and DNS Fail over /Backup System The fail over system is a hedge against hardware failure and data loss. Our backup continuously captures your entire system configuration to an off -site facility which allows for up to the minute recovery of your information. • Continuous Backups: During normal host operation, the backup agent keeps a journal of disk changes. Incremental backups know what sectors on the disk have changed before the backup operation even starts. Our method is less resource intensive than tradition file -by -file or block -by -block back-up methods. • Recover: Our backup system allows us to choose restore points of your data in increments of 15 minutes. • Database Backup: Continuous table level backup of MySQL databases. Help Desk We are your partners in technology and stress communication that recogn M your needs and works toward creative an m. effective solutions to any problem, concern or need. Support is available Monday through Friday from 9 am to 5 p • Clients can contact support by sending an email to support @primeadvertising.com • Web support gathers as much information as possible from the client and enters information as a task into project management system. If the task falls outside of the client's current Managed Service agreement, an estimate will be provided for maintenance before any work is started. 6450 Wedgwood Road North, Suite 100 • Maple Grove. Moruesota 55311 e P. 763.5519700 • F'763.5513701 • PrimeAdvertising.com 6 of 9 121- Harbor Wine & Professional Wets Services Description DNS Management CMS — Content,' anagement System Design Ser'ices Dynamic Homepage Slideshow _area Programming of site functionality Content Eno, (text, services, photos, links) Staff Consulting and Project Management Search Engine Optitnization (SEC) URL, Breadcrumb Trails) 2 -hours CNIS & Blog /F,mail 'Marketing Training (if applicable) -No Charge x IZSI�r Optional Opportunities: Blog Vertical Response Email Marketing Tool Copywriting Services Video Production (1 -2 Minute, 1- loc2tion shoot) Print advertising Creative Services ppI .•; (F 1"C Quantity Unit Price Total 1.00 $300.00 N/C 1.00 $1,200.00 $1200.00 20.00 $120.00 $2,400.00 100 8120.00 $360.00 30.00 $120.00 $3,600.00 800 $100.00 $800.00 10.00 $1oum 51,000.00 6.00 $100.00 4600.00 1.00 $200.00 N/C ebo Subtotal: $9,960.00 9.00 $100.00 $900.00 9.00 $100.00 $900.00 12.00 $100.00 $1,200.00 1M 12,500.00 $2,500.00 10.00 $100.00 $1,000.00 Subtotal: $6,500.00 i x `5-S Total with $16,460.00 options: Monthly Managed Services Hosting Fees, 5100.00 All managed services fees are automatically charged monthly' using to a credit card or e -check or paid in full annually. Your Scak -o Include: • Hosting (lOGB bandwidth & 1GB Disk space) • Up to 5 CNIS user accounts (if applicable) • Email options available at request and will be estimated separately • Utility Services (DNS, _j, ALSi, TXT record management) • Statistics /Help Desk Support/Fail -Over System Limitations: • Photography, photo editing, or any photo enhancements are the client's re sponsibilir' unless noted above. Prime does offer these services. • all images used on your site must be taken, created or purchased be your company. • dll work outside "scope of solution" will be billed at current rate per hour unless otherwise specified. • Prime does not provide support for IE 6 or 7 browser or email to phone problems. • Pricing and details in this estimate are valid for 30 days. Term; ❑ 5% discount if paid in full upon acceptance. ❑ Down Payment of 50% of total due to begin process, 25% Progress Payment due when site is out of the initial Programming stage, and the remaining 25% is due prior to going LIFE. By signing this estimate, the cgentis agreeing ro the terms and conditions of this estimate. Date: Accepted By: Printed Name: Title: 6450 Wedgwood Road North, Suite 100 • Maple Grove. Minnesota 55311 ® P 763.551.3700 • F 763.551.3701 • PritneAdvertising co- 7uf9 -122- 16 PRi C` Harbor Wine & Recent Web Projects: Organization Site GiGi's Salon & Spa W"Vw zJt�ssalonsspa. com i www.smucklerarclutects. con, Smuckler Architects Avonix Imaging NV- 1VW.ac =--W ae Icom Nv,vw- ambeltd.com AMBE LTD City of Maple Grove www manlegrovemn.gov Eagan Pointe Senior Living w anv caPannoint'?ng corn Greenscape Companies Nvww.greenscaPccom�aincs.com w w splashwash. com SPLASH Factory Motor Parts (FMP) www. facton'motoWparts.com Healthwise Behavioral Health & Wellness www.bebavioralhealthmn.com www.wooddalebuilders.com Wooddale Builders, Inc. wWW.M XXUM.com Maxxum Polar Service Centers www oolarservicecenters.com Kalla Lily ymy kallalily.com National Joint Powers Alliance ni�aacoozo ore Security By You — E- commerce www securitybyyou.com Pop'd Kerns — E- commerce www.12ol2dkerns.com Beaudry Oil www.beaudUoil.co m 6450 Wedgwood Road North. Suite 100 • Map1e Grove. Minnesota 55311 ® P 763.551.3700 m F 763.551 ?701 • PrimeAdvertising.com 8of9 -123- '� .1 ia• Ty^ Local Search Netw -ozk Gaagle Plus Matketit2g flan Prepared fiat Harbor Wine & Spirits 2135 Commerce Boulevard Tlound,NN 55364 Phone: 952-472-0648 Prepared by Mark Murray Marilyn Bina President /CEO VP /Marketing Consultant 763 -551 -3722 763 -551 -3720 i\fark @PrimeAdvertising.com 9farilyn @Primeddvertising.com Client 39907 12041 June 24, 2015 spark the w -124- PRIMG Prime Local Search Marketing Harbor Wine & Spirits • 220 1\Iaon Network Users per month on over 50 plus sites. 600'0 of our users are mobile and 53% use their desktops. • Guaranteed Presence -Appear in the most possible local searches with guaranteed presence. Prime Local Search makes sure your listings are present with the correct information. We add missing listings, update critical fields like name, address, phone number, and categories across our network. Need to change your information? Contact us and we change your information anytime and it will update everlwhere. • Enhanced Listings - Stand out and look great with enhanced listings. We can add photos, descriptions, promotions, to your listings on each site on our network. Let your customers knots about specials, new products, important announcements, changing hours, or anything else. Contact us and then watch updates occur across the network at blazing fast speeds. • Vast Network - Show up in the most search results. Prime Local Search Network includes over 50 search engines, maps and apps where users might be searching for your business. We will make sure pour listings stand out so that you can turn online searchers into offline shoppers. RMA ttT :iragmthttl;. ``t, ^ „ Begin 1b '_); Y']i - -rwcas F�°H l'.Aiau Y v p ' Network ,Bch tn��spt tcu mwy �.vm� �umrt+ry 6o coms core 6450 Wedgvood Road North, Suitc loo • Ataplc Groxz, a1N 55311 • P/763551.3700 • P/7635513701 • PrimeAdvertising.com • nlyprime6uidecom DiJB I Client 39907 2041 1 6/24/2015 1 Page 2 of 7, -125- Harbor Wine & Spirits Prime Local Search Marketing Listing Examples ..R core cHnra:x ' 27 million drivers trust mapQuest to get them where they're headed. e LFedEx Oauc= Up your presence with I . frkabk fCpNred Me5S9gr S mapQuest and tailor your content to stand out from Gokn3ors Office Print & 5hip Center -- - — the competition Pled'IM5$.5B11 `• (.i ri r%Eit ru••• .•r E tt)5 P? AOOUt Tryi6 Place ASgnU! Anaiu,, ..... ,.. r..P•ov.. d Pholo (3n>!r�r irl'Yt /Illllflnc [unun -.� RfylrbLQ LW LOSa_ �SIrR k, IJjlb3lPS 4, _ � '... ffi. l B.L fif�Q RA.trf Sc hears Ci Opemfron PC}meFlfS Aemulad [vlcrpal Li41 Listings: Yelp 7Citlbank Cute Gnalma Pho4o C?BN, Business [Jesrnption, Ho¢ry pl pperatiW+ FxxerFlat I Or, Red[ Tine Orval" Rave. Aiarl Yelp crowdsources valuable local business reviews by customers for customers — with over 138 million users totaling around 81 million reviews. 6.7CPCYC543 L m J 6450 Wedgv;ood Road North, Suite 100 • Alaple Gxoce, A1N 55311 a P/763.551.3700 a 1x/763.551.3701 • Prime %deerdmg.eom a blyprime(.uide.com AIJB I Client 39907 1 2041 1 6/24/2015 1 Page 3 of 7 -126- gee f Google My Business Listing Harbor Wine & Spirits Google My Business connects you directly with customers, whether they're looking for you on Search, Maps, Google+ or mobile devices. 970,'o of consumers search for local businesses online. Give customers the right info at the right time, whether that be driving directions to your business in Google Maps or hours of operations. They may be searching for your phone number for last minute information or to make an appointment. Google My Businesss pages are business listings within Google that allow consumers to quickly and easily find the products and services they are looking for. "This makes it easier for customers to find local businesses as well as rate and review their favourites. These Google pages are now known as Google My Business, previously called Google Places / Google Plus / Google + / Google Local. Google is constantly evolving and it is important to keep up and ensure your web presence is optimised.mark. 4OA?* :.a•s rnamtan.ii, Fleet 1iemtenanca Fleer"v rr !i. ,.atv flret-a: ..,: u1 - F16 cervMaIntmnanca.•.r,,., r °: t� „�s "�•t -. y... .; �.., tleetCatem #�ntRnartC8 '. r. - .... _ -.. � 0 1 nnit•nm I _ .� t »tw ?.?.�» m �. t6xat�a 1d FRepnu<r t .. 1210 5 n ry Fleetcare Maintenance Al1(iYPAR � a,� a v , tea. {�I..V A Re: izr;s Posts are displayed on the search Page 6450 Wedgwood Road North, Suite too • Maple Glove, MN 55311 • P/763.551.3700 • F/763.551,3701 e Prim ,Advertising.com a alyPrimeGaid,c,m DIJB I Client 39907 j 2041 1 6/24/2015 1 Page 4 of 7 -127- �, ®„ I Summary of Marketing Plan Harbor Wine & Spirits ffLocal Search Network Plus _annual Management $2,196.00 $2,196.00 Subtotal: $2,196.00 $2,196.00 Your Price: $2,196.00 Payment Plan Options u 5% discount for payment in full at time of signing. Save $109.80. Your price - $2,086.20 ❑ Net 15 'germs & Advertising Agreement Approved By: Acting as the Authorized Signer, I Agree to the Payment Option Noted and the Terms and Reproducing Works Below, on Ynnted Name Signature 0450 Wedgwood Road North, Suite 100 • Maple Croce, MN 55311 911/763.551.3700 • 1 :/763.551.3701 • Primridcertisinecom a N1yPrimeGuidnmm D1J13 I Client 39907 1 2041 1 6/24/2015 1 Page 5 of 7 -128- ", Harbor Wine & Spirits Prime Local Search Network Terms & Conditions This Senlce Agreement Chis -Agreemenr) is a legal agmement between Pnme Adveaising 8 Design, Inc., a dowdatbn organized and existing under be laws of Mlnnesom, wiE Its principal oaice located at M50 Wedgwood Road North, Sucre 100, Maple Grove, Minnesota 55311 ( Pnme ' . "us' a' kRr), and Me business by which the individual accepting this Agreement is employed or otherwise engaged (the "Client" or you "). Prime and Client are each referte0 to herein as,'Party," and collectively as fie "Pontes.' This Agreement, tagether wth any other applicable terms and mntlNOns referenced M1erein, governs in Ile en6rery the relationshi0 between Pnme and t a Client in connection whm me Pnme Look Search Network service or services forwhich Client has purchased a subscnpgon (Ee'Senices ") i. Services. 1.1 Prime Local Search Network Listing Sell. Subscriptions. You have punchased a subscription for Prime's Lose Search Network Listing service (Me "PLSN Service'), which vi,ll slow us to place and synchronize your enhanced business listings across mUNPIe business directory and search wdb sites and mobile apps (me -BRYCE Partner Sites ") of third pmdes Mat padJdpate in Me version of Me PUSH Service you subscribe to, as determined by Prime fiom Dan m time (Me -SeMCe Pa ,em" L 2. Fee 2.1 Periods aadommoe andlor location m any FOR ANY DECISION BY A SER\ F THE PRECEDING SENTENCE, be PLSN Service (Me -AddeonalService'). the deflallor of- Sarvico P6Mem' and' Service Partner Smi hat a Partners time M con OR and CHANGE will r a,: rvice, you agree to any fee and payment amr, Mal are described herein andlor during me online registration pmcass far such Servlo9. Any Seryice tees are exclusive of any sales Or omer PYlncome) If Information; Payment Terms. You mg be Calmo d to Movies Prime with a valid credit cam number upon registration for each Service. You hampy warrant and roprcaent Mat you have Me edit and Information M Prime and Shall be responsible tar all changes made Me., Pnme will bill your credit cad in advance of each Billing Period (as defined below) for Me fees incurred for as for any outstanding balances. Your'Billirg Period" will as speed by Prime at Me time of regisbaeen for me Service, though Prime reserves Me right to change Me term of fuWre Billing id all late Payments shallaceme lntemst at to rate Of one and one half cent lEtS PERIOD, SO LONG AS YOUR SERVICE SUBSCRIPTION HAE that be amount bitted earn year may very for reasons such as p purchasing Services), changes in the amount of applicable sales anticipation of account or related Charges. 3. Tenn and Teminaaon. 3.1 Term This AOmnmenl k.rt..ri,:e :,.r.ne a...,, ...... r fore Service and shall remain In all force and effect until terminated by either parry In.of.Merge with this Section 4, and discordant some Or all Of your$ervicae at any time fW drommence upon notice to Prime (which maybe provided by.mall l0 'rime. We may laminate his Agmamant and disconnect some mail of your Services at any time for convenience at any time upon ndece (which we may provide by email). any teminamm or expiration Of this Agreement, Client will pay Prime any Fees Cu. and Payable prior to the effective date of such expimtod orengrinatiOn. The falbening providlons shat survive any peemenC Section 34(' Survival°), Section4(Dsda mar and Lim fatlon MLia0Ny ),$,coons(IntlemnKCallon' "), Section 6('Representations and Wandidd es'). Section T('Special TCM$ for Pnme iNkra-) (10 me extent applicable) and Section 8 ('General PNvisiob5), don of Liabilily. D ANY OTHER SERVICES PROVIDED BY PRIME IN CONNECTION WITH THIS AGREEMENT ARE SUPPLIED ON AN'AS lS"AND "AS AVAILABLE" BASIS, TO THE FULLEST EXTENT UNDER PRIME MAKES N0, AND DISCLAIMS ALL, WARRANTIES (INCLUDING, BUT NOT LIMITED TO. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE EMEN), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS. IMPLIED, ORAL OR OTHERWISE. PRIME AND OTHER WESSITES. DATABASES AND /OR THIRD PARTY MINED WITHIN THE SERVICE MAY CONTAIN BUGS, ERRORS. PROBLEMS AND/OR OTHER LIMITATIONS. PRIME HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND /OR ANY PARTY'S USE OF, OR INABILITY TO USE. PRIME W ESSITES, DATABASES AND/OR PROGRAMS. PRIM! ID ALL WARRANTIES, EXPRESS AND IMPLIED, THATANY OTHER PARTY'S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY'S USE OF PRIME'S SES AND/OR PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL PRIME OR ANY SERVICE PARTNER BE RESPONSIBLE FOR ANY CONSEQUENTIAL, IAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR OTHERWISE, INCLUDING. WITHOUT LIMITATION, LOST REVENUE OR (RIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRIME WILL NOT BE LIABLE, OR CONSIDERED IN BREACH OF THE AGREEMENT ON ACCOUNT OF A DELAY OR )RIM UNDER THE AGREEMENT, AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND PRIME'S CONTROL. IN ADDITION, AND NOTWITHSTANDING ANYTHING CONTAINED NTRARY, PRIME'S LIABILITY UNDER ANY CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO $600. TO the extant annot be disclaimed, excluded or limited underappiica0le law, such liability shall be disoba riled, excwdetl aria limned to hafullest extent PeMiaeO under appllCabie law. emniry, and hold haMlBds, Prime, its third party licensors antl Service Partners, and its afiliates, and each of to and Neil respective 061eers, dlMltOM, members. manage¢. employees, suNloonsees, s hallentimly, "Indemnified Parties') from and against any and all claims, actions, losaes, liability, damages, fines, roars, and expenses (including easonabe Coney. fees and expanded) adding from rm Rld of the Agreement by you (Including, but not none id to, any repmsentablis and wamneed made herein); (b) any violation of any law or regulation arising from or in connection with your MIAs: (c) any allegation anstng from or relating to any Client Content Including, but not limited to, any allegation mat any Client Content infringes or otherwise Violates any MUMMUM, trade name, tC license, 4ade secret right Of privacy or publidty or omer inW llectual proparty or pmpnelary rght nt any MIN party, constitUte9 false edvedlsinp, Is defamatory anNOrid In'a0laton Of any lary Or regulation; (a) any claim by any third pedy related to you or your produMS, services or business; and/or (e) any Ming party dispute who you, any injury strained by a fold parry at your place of business or any other related abe dean' B. Representations and Wamntles. You represent warrant and covenant Mal at all times during Me tend of fold Agreement (a) The Individual accepting this Agreement Is authoraed m act on behalf at You and E larch you to INC Agreement; (b) You have Me roll power and authordy to conduct Your business, m enter mto Ek Agreement, and to perform Your obligations under m15 Agreement (c) Your execution, delivery and performance of this Agreement will not cObfind with or violate: (1) any provision df law, Me or regulation b which You ere subject: (II) any Obbi judgment or decide appllcable to you, (III) any pNWSlon of your ongarimtlonal documents; or OV) any agreement or other instrument applicable m you; and LOU You will comply wm all applicable liberal, state and bcal laws, roles, regulations, Court orders, judgments and decrees. 7. Special Terms for Prime Sync for Facebogk Service. If you have purchased a subscription for Me "Prime Sync for FaCab*ok" Service (the'Pnme Sync far Facebddk Service")• you hereby agree to, and agree m cargy w, (and t0 around that ell content mat you prd,ide m Prime with Nspe t to Me Prime Sync for Faeebpok SPNnoe compres wlm) Facebook's men - cadent - Statement of Right and Respdnslblimes" (cudently located at Mg /hmwlacebook.coMlegaNemra) and any Omer applicable terms and Conditions and policies Of Facetoaok (collectively, the "Facebook Toppi Any actual or alleged falWre M you, or of any of your content, m comply war, Me Facabook Tons will constitute a material breach sf this Agreement and Prone will have me right to Immediately suspend provision of the Facebook Sync Service until such failure is Cured by you and/Or, ❑ directed by Facedgm, to terminate he annfidon ame Prime Sync for Facebock SeMce m you. In addition to Your indemnity obligations set forth elsewhere in this Agreement you wit defend, indemnify and hold harmless Me Indemnil ed Parties from antl against any and all claims, Mons, losses, viability, damages, fines, costs, and expenses (including reasonable adomeys fees and expenses) ending from or related [o any asseretl breach of me facebo0h Terms by you anWOr Me content M any of Your Facebook pages. S. General PHOYsions. 8.1 Confidentiality. You may not abalone, the terms or conditions of this Agreement any third party, except m your professional advisors under a staid duty of perfidenfially or as necessary M comply W M applicable laws or regulations. In ( . , )per monM(or he highest rzte Ondrited by law, wmicholl, lass). In addW -, You are responsible for ctian arm C011eetlng Into amounts. IF YOUR SERVICE SUBSCRIPTIONS AND CHARGE YOUR CREDIT CARD AT THE BEGINNING OF EACH SUBSCRIPTION RENEWAL N CANCELLED. The automatle Change to your credit card will occur at the comm6ncement of each Service subwoptlon renewal, You acknowlede rated no on9mbeing applled, changes In your SeMoe SUp$OripbOU (far example, changes In me number Of your IoCa4an9 for which you are It smears: and you au broth Ue to charge or di mt ear, far Such varying amounts. PCT. may 8190 Wndod aly pmaubonze your Cf,n am, M 3.3 3.4 LL' or matted m: 8.4 8.5 de to Prime shall be sent to PH an email to the email address s es deemed rea lved wren sent of a breach era rz, rnme may use Clients name and logo for Me purpose of refedng m Client as a Pnme client an Prima's ampere and in As otherpmmotional . materols, - IdI51mg 8 Caeign, Inc. at 6450 Wedgwood Road NOM, Suite 100, Maple Grove, Minnesota 55311, adantion Prime Search Services. Any notices to Client may be by Client during Me Service registration pNcess (Or to such updated email address as maybe specified by Client on its account settlngs page on Me Service i responsible for ensuring mat a current and accurate email address Is on file with Prime at all rimes, fact to all applicable Pnme policies includmg, wimput limitation, Me Privacy Policies posted on any Web Site on which Client listings are published, and any "POlicias') The Policies may be modified at any time. You should review the Policies regularly. By Your continued participation in a Service, you agree to all of me a eflaphi at that time. I from performing, or Is unable to pedom, any of Its obligations under Nis Agreement due to any came beyond Me reasonable control of Me Parry invoking Ens I and Me time for performance shall be extended for Me Fargo of delay or inability to Whom due o Won MA morce. M of ag lytsProvisan 0 night, Agreement by Me omer Party shall not be construed as a waiver of any succeeding breach of the same or any omer provision, nor shall YnB power or pdvileoe Mal it has fir mvv hnvo n >.a:mne,.,,, —. _.. r Indirectly form this Agreement, shall be govemed by and construed in - -Oman. with me laws of Ee State Of Minnesota, without retied submits m the exciuendjUrediddon Mthe state and fetlerel courts located in Hennepin County, Minnesota for any such disputes, and -- -• ^ "- ^e• = =•••_ •. t-em "' •a•..=ia .... 'El --o n Ragemer wrm any Omer applicable tends and coodbons referenced herein) constitutes Me entire agreement between Me Parties wit regard M the subject matter hereof. Pnme may modify Ee terms of this Agreement at any time without liability, and your use of Me Service aker notice Mat Me terns of this Agreement have changed absttutes Your acceptance OF Me new terns. 8.10 Headings. Captions and headings contained in Nis Agreement have been included for ease of reference and convenience and shall not be consndersd in Interpreting or construing Mi. Agreement. 8.11 Cons, Expenses and Attomeys' Fees. If either Party commences any action or proceeding against the other Party to enforce or interpret his Agreement Me premlling Party in such action or proceeding shall he entitled to recover tmm Me other Party he actual costs, expenses antl reasonable atomeys' fees (Including all related costs and expenses), incurred by such prevailing Party in connection with such action orproceeding and In connect ion with obtaining and enforcing any judgment or Oder thereby obtained. 6450 WedgtYOOd Road NnrdA St;re 10t1 • hIaple C3roce. NfN 5531 t o P/763.551.3700 e F/763.551.3701 • PameAdcerthing.com • %fvPrimc(daide.CnM INUB I Client 39907 12041 1 6/24/2015 1 Page 6 of 7 -129- 14, PRIME Payment Options ("I ciiii i i..;.a1 -si One -time 1 rt , i, , ,.I s payment option or Recutting roc a.li 1 ,s i if payment option R Card Type: W I authorize Prime Advertising & Design, Inc. to charge my credit card below- a recurring amount of $ on the of the month. Cardholder Name: Cardholder Tide: Business Name: Phone: Account Number: Expiration Date: _ Security Code:, Card Billing Addre City: Email: Phone: _'Zip: 1 understand that this authorization will remanr in effect until balance owed is paid, and I agree to r ifi Prime Advertising & Design, Inc. in writing of any changes in my account information or termination of this authorization at least 15 days prior to the nest belling date If the aborc noted periodic payment dates fall on a weekend or holiday, 1 understand that the payment mac be executed on the nest business day. I understand that because this is an electronic namction, these funds raj be withdrawn from my account a, soon as the above noted periodic tracosea on dates. In the case that a Transaction is rejected for Non - Sufficient funds, I understand that Prime Advertising & Design, Inc. may at its discretion attempt to pros the charge again within 3u ekov I acknowledge that the origination of these transactions to my amount most comply with the provisions of US law. I agree not to dispute recro m, billing with my, credit card company so long as the transactions rocespond to the terms indicated in this anduematime foram. Authorized Signer Signature: Please Print Name: Title: Date: Harbor Wine & Spirits _ One -time A f P i payment option or Recurring 'tCI1 payment option I authorize Prune Advertising & Design, Inc. to charge my Bank account below a recurring amount of $ on the the month. Bank Name Bank City: State: Account Number: Bank Routing #: Name on Acct.: Company Name: .address on acct.: City: State: _Zip:_ Email: Phone: I mulemmonJ that this authorization w ill remain in effect until balance raced is paid, and I agree to notify Prime Advertising & Design, Inc. in wi terg of am- changes in me account information or nonunion of this authnrizanon at least 15 days prier to the caret billing date If the vbovc noted periodic prilown, dates all ,m a weekend or holiday, 1 understand that the parmcnt may be toted no the near b.,iness day. I understand that because this is an cyrona, transaction, these fund, mm be withdrawn pram my account as coon as the k... c noted period¢ transaction dates. In the case of an AU Transaction burns rejected for Non - Sufficient funds (NSI1 I understand that Prime Advertising Is Design, Inc. may at its discretion attempt m process the charge again within 31) days, and We, to an additional 825 charge for each attempt returned NS p, which will be initiated as a separate [......turn from the authod ed recurring pweress t. I seknow -0edge that the origination of MA I rrvmacone, m rat account coos, compy with the provision of f.S. law. I ogre, no, to dispute the recurring billing with my bank s., ling as the transactions correspond to the terms indicated in this authorization form. Authorized Signer Signature: Please Print Name: Title: Date: 6450 Wedgwood Road North, Suite 100 m Maple Grove, hfN 55311 is P/763.551.3700 • 1;/763.551.3701 a Prime.idvenning.com is hfvPrimcGuidc.eom MJB I Client 39907 1 2041 ( 6/24/2015 ( Page 7 of 7 -130- PRIME Location Data V3 U Errors Detected Harbor Wine & Spirits 2135 Commerce Boulevard, Mound, MN 55364 (952) 472 -0648 -131- Phone Special Offer Business Name Address (952) 472.0648 Yahoo! Harbor Wine & 2135 Commerce (952) 472.0648 ol:,v Iic ruy Spirits Blvd, Mound, (952) 472 -0648 Not standing out MN (952) 472 -0648 Not standing out 2135 (952) 472 -0648 Bing Harbor Wine & Commerce Spirits Blvd, Mound, MN 2135 Facobook Harbor Wine & Commerce -iaw !hEnr Spirits Blvd, Mound, MN 55364 2135 t� PFoursquare Harbor Wine And Commerce cisv, istrop Spirits Blvd, Mound, MN 55364 2135 Yelp Harbor Wine & Commerce viuev 7is5nr. Spirits Blvd, Mound, MN 55364 2135 WhitePages Harbor Wine & Commerce 'w" 1 �t n_ Spirits Blvd, Mound, MN 55364_ 2135 „�.. SwitchBoard Harbor Wine & Commerce view fisting Spirits Blvd, Mound, MN 55364 2135 411 441 Harbor Wine & Commerce vtr,• s.�n<a Spirits Blvd, Mound, MN 55364 2135 MapOuest Harbor Wine & Commerce 6" Spirits Blvd, Mound, MN 55364 -131- Phone Special Offer Status (952) 472.0648 Not standing out :. i "J.: a'. (952) 472.0648 Not standing out t "sted (952) 472 -0648 Not standing out i."ta C, (952) 472 -0648 Not standing out "..',. (952) 472 -0648 Not standing out (952) 472.0648 Not standing out , •< (952) 472.0648 Not standing out llst,�o (952) 472.0648 Not standing out t v'zc. (952)472.0648 Not standing out I near Superpages Harbor Wine & Spirits 2135 Commerce (952) 472 -0648 Not standing out _ L, 1I C Harbor Wine & Commerce Blvd 4 Commerce Blvd, Mound, ,�c vv 8stv-,g Spirits MARKETPLACE, ( 952 ) 4720648 Not standing out ! Mira Blvd, Mound, (982) 472 -1686 MN 55364 Mound, MN MN 55364 55364 2135 2135 2135 Citysearch Harbor Wine & Commerce Mound City of Commerce Blvd, Mound, (952) 472 -0648 Not standing out 3 Flb r; Not standing out t <r g c iec. '.izNn;, Spirits Blvd, Mound, (952) 472 -0646 Not standing 9 out ilsv=r Not found! Not found MN 55364 Commerce Blvd 2135 GetFave Harbor Wine& Local.com Harbor Wine & Commerce .. - Spirits MARKETPLACE, viz v.- lis *.ic Spirits Blvd, Mound, (952) 472 -0648 Not standing out g is!ae to MN 55364 55364 2135 d, DexKnows Harbor Wine & Commerce Spirits Blvd, Mound, (952) 472 -0648 Not standing out , h'tccf MN 2135 MerchantCircle Harbor Wine & Commerce view listrnc Spirits Blvd, Mound, (952) 472 -0648 Not standing out g 1 I stscf IR MN 55364 2135 EZlocal view Iistr;g Harbor Wine & Spirits Commerce Blvd, Mound, (952) 472 -0648 Not standing out g o to MN 55364 LocalDatabase Mound City - 2135 Commerce 472.0648 Liquor Store Blvd, Mound, (952) Not standing out ka -a t go MN 55364 2135 ,. ShowMelocal v;w istn,c Harbor Wine & Spirits Commerce Blvd, Mound, 952 472 -0648 ( ) Not standing out nz! MN 55364 Topix Temporary problem scanning on this publisher. The publisher system is not responding to our scanning requests. This is a temporary problem, and will be fixed shortly. -132- 2135 CitySquares Harbor Wine & Commerce Blvd 4 Commerce ,�c vv 8stv-,g Spirits MARKETPLACE, ( 952 ) 4720648 Not standing out ! Mira Blvd, Mound, (982) 472 -1686 Not standing out tiler!, 9 Mound, MN MN 55364 55364 2135 2135 LocalPages Mound City of Commerce Blvd, Mound, (952) 472 -0648 Not standing out 3 Flb r; Not standing out t <r g MN 55364 MN 55364 MojoPages Not found! Not found -132- 2135 Yellowise Harbor Wine And Commerce listloc Spirits Blvd, Mound, (982) 472 -1686 Not standing out tiler!, 9 MN 55364 2135 YellowMoxie ss Harbor Wine & Spirits Commerce Blvd, Mound, (952) 472 -0648 Not standing out t <r g MN 55364 2135 Commerce Blvd GetFave Harbor Wine& p I- .. - Spirits MARKETPLACE, (952) 472 -064B Not standing out Mound, MN 55364 -132- -' Tupelo ;t Not found! Not found Avantar Harbor Wine & 2135 Commerce 472 Spirits Blvd, Mound> (952) -0648 Not standing out g MN 55364 AirYell Harbor Wine & Spirits 2135 Commerce Blvd, Mound, (952) 472 -0648 Not standing out g : issed MN 55364 2135 - White & Yellow Pages Harbor Wine & Commerce Spirits Blvd, Mound, (952) 472 -0648 Not standing out 9 tip zed MN 55364 Co -Pilot Harbor Wine & Spirits 2135 Commerce Blvd, Mound, (952) 472.0648 Not standing out t MN 55364 r� Navmii Not found! Not found 2135 Where Tot Mound Municipal Commerce (952) 472.0648 Not view ItsUn¢a Liquor Store Blvd, Mound, standing out Alert RE MN 55364 2135 ChamberofCommerce.com Harbor Wine & Commerce (952) 47 &0648 Not Lictsci Spirits Blvd, Mound, standing out MN 55364 2135 USCity.net Harbor Wine & Commerce (952) 472 -0648 Not Spirits Blvd, Mound, standing out j .e. , MN $5364 ® YellowPageCity.com Notfound. � Not found 2135 AmericanTowns.com Harbor Wine & Commerce ro Spirits Blvd, Mound, (952) 472.0648 Not standing out g MN $5364 2135 s 8coupons Harbor Wine & Commerce (952) 472.0648 Not standing out s ^ Spirits Blvd, Mound, g ,ac. MN 55364 2135 eIP eLocal i'3 wr-� 6 =ling Harbor Wine & Spirits Commerce Blvd, Mound, (952) 472 -0648 Not standing out t s't ^i to MN 55364 2135 sm Factual Harbor Wine & Spirits Commerce Blvd, Mound, (952) 472 -0648 Not standing out t Isesd MN 55364 2135 �1 GoLocal247 Harbor Wine& Commerce (952) 472 -0648 Not standing .... Spirits Blvd, Mound, g out• s « MN 55364 2135 YaSabe Harbor Wine & Commerce Spirits Blvd, Mound, (952) 472 -0648 Not standing out -133- -134- MN 55364 � � Listed 2135 C1tyMaps Harbor Wine And Commerce (952) 472 -0648 Not', standing out � Listed Spirits Blvd, Mound, MN 55364 Citybot Not found! Not found YellowPagesGoesGreen Not found! Not found 2135 Pointcom Mound City of Commerce Blvd, Mound, (952) 472 -0648 Not standing autAle Ii.UJ MN 55364 2135 ABLocal Harbor Wine & Commerce (952) 472 -0648 Not standing out Ll =tcd Spirits Blvd, Mound, MN 55364 2135 Opendi Harbor Wine & Commerce (952) 472 -0648 Not standing out Liao ^tl ,. vaw Ifs9uu Spirits Blvd, Mound, MN 55364 YotefortheBest Not found! Not found 2135 2findlocal City of Mound Commerce (952) 472 -0648 Not standing out Alert rw H�ti„q General Blvd, Mound, MN, MN 55364 MyLocalServices Not found! Not found -134- Website Redesign with Search Engine Marketing (SEM) Option To: Harbor Wine & Spirits 2135 Commerce Boulevard Mound, Minnesota 55364 Contact: John Colotti Phone: 952- 472 -0648 Email: johncolotti@cityofmound.com Effective Date: 8/31/2015 IMPORTANT: io efile web designs From: Elite Web Designs 9778 Woodridge Drive Eden Prairie, Minnesota 55347 Contact: Sandra Wagner Phone: 612 -210 -9654 Email: sandra@elite-web-designs.com Strategically Partnered With. erco WebOratter.com, Inc. PO Box 112 Millerstown, PA 17062 Please read this document in its entirety prior to approving it. This Proposal covers Scope of Work, Services Offered, Project Timelines, Payment Terms, Payment Policies, Waivers and Disclaimers, Limits of Liability, Cancellation Policy, Durability and other important Terms and Conditions. Upon signature, this Proposal becomes the legal document (Agreement) which defines your project and your business relationship with WebDrafter.com. NON- DISCLOSURE STATEMENT: This Proposal contains information Intended only for the use of the individual or entity named above. Any dissemination, publication or copying of this Proposal is strictly prohibited. information, scope of work, and pricing contained herein is provided by on a proprietary and confidential basis PROPOSAL EXPIRATION: This Proposal is valid for 30 days from the Effective Date of 6/31/2015. Start and Completion Dates for this Proposal are subject to change If this Proposal is accepted after the proposed Start Date herein. Proposal: 001037 .l.0 Proftspomv Advertising CERTIFIED PARTNER At'kALYTICS': 4rt%. AL f ii:.D, ,s aiv �NAI G.0 gic d .tt "p aw ��t�oarec`�:I arasu+rw'4 "• Page 1 of 15 8131/201510:46:28 AM- (c)2011 Webdrafter Proposal Manager -135- Initials: Service Provider Information 1. Purpose of this Document: This Agreement is submitted to Harbor Wine & Spirits (hereafter also referenced as "Client', "You ", and "Your ") to define the Scope of Work and mutually understood terms to meet your online project requirements discussed during your consultation. Specifically, you, Elite Web Designs, and WebDrafter.com, Inc. are each a "Party" to this Document. 2. Introduction to WebDrafter.com, Inc.: Hereafter also referenced as "WebDrafter", "We ", "Us ", and "Our" throughout the remainder of this Agreement, WebDrafter provides complete online solutions to businesses and organizations, including Web design, Search Engine Optimization (SEO) and Marketing (SEM), consulting, e- commerce services, hosting and management packages, domain names, and more through our in -house services and our network of strategic partners. Our mission is to customize an affordable and effective online solution that meets your needs today, while providing enough flexibility to expand it as your needs evolve tomorrow. We will be providing Website design services and Search Engine Optimization /Marketing services in accordance with the Scope of Work section of this Agreement. 3. Introduction to Elite Web Designs: Hereafter referenced as a Strategic Partner of WebDrafter, and included collectively as party to "We ", "Us ", and "Our" throughout the remainder of this Agreement, Elite Web Designs provides consulting, customer support, and website related technical and /or design services as an independent website solutions provider. 4. Strategic Partnership: Together, Elite Web Designs and WebDrafter collectively provide custom web solutions, hosting, search engine marketing, copy writing, consultation, technical support, and design services to your business. The Strategic Partnership approach provides you with an economy -of -scale savings by ensuring that the most applicable skill set and qualified experience is applied to each step of your project. This reduces rework, improves efficiency, decreases production time, and in turn saves you money through reduced overhead and a more concerted project effort. Services Defined The following are terms may be used throughout this Agreement, and are defined by WebDrafter as indicated herein 1. Website Design: Website design is the process of creating and coding the graphics layout of individual screen displays that will comprise the pages of your website, including structural, formatting, and navigational elements of the pages. 2. Graphics Design: Graphics Design Services include image modification and rendering, background art development, cropping, transparency, recoloring, etc. which may include logo work, stock photo work, original picture creation, appearances of buttons, and so forth. 3. Textual Content, Copy Write, and Copy Edit: Text content is defined as typesetting, appearance, formatting, and layout of textual verbiage on the site. Copy writing includes data input, typing, retyping, writing, editing and /or rewriting content. Copy editing includes proofreading and adjustment of textual content on the site. 4. Search Engine optimization (SEO) and Search Engine Marketing (SEM): SEO work includes market research, adjustments to web page content to optimize the website, and initial submission to search engines to establish a baseline for Search Engine Marketing (SEM). SEM work involves varying combinations of efforts included, but not limited to, blog posts, article publishing, social media posts, professional networking posts, press releases, and establishing legitimate third -party back - links. 5. Use of the Terms "Good", "Better", and 'Best": The use of "Good", " Better ", and "Best' herein this Proposal provide a concept of relative comparison for anticipated results based on budget considerations, but is not intended to mean that other options are unavailable. Spending less time, money, effort and resources on marketing than what is included in the "Good" option may perhaps still yield favorable results, whereas spending more time, money, effort, and resources on marketing than the 'Best' option includes may provide even more aggressive /favorable results. Results from search engine marketing will vary by industry type and market conditions, and may need to be reviewed and updated with different budget amounts to achieve different/improved results than are provided by proposed amounts in the "Good", "Better", or "Best" options herein, r-rvpesa: vu I wr rage z of 1 b Initials: 8/31/201510:4628 AM- (c)2011 Webdrafter Proposal Manager -136- Project Scope of Work 1. Proposed Start Date: 9/7/2015 2. Proposed Completion Date: 9/28/2015 3. inclusive Pages: The following pages are included in the Scope of Work of this Agreement: Home Page Wine & Beer of the Month About Us Specials Contact Us Calendar of Events Signop N2WSWer Blog Wine Ever Spirits The pages cited above are the Inclusive number of pages covered by this Agreement. Work not included In this Agreement includes additional pages, sub - pages, forms, pop-up windows or any other developed layouts not specified above, that are displayed within a browser window resulting from clicking on, following, or forwarding from navigation bars, menus, buttons, page links or text links. 4. Functionality: The following functionality is planned for your website solution as part of the Scope of Work priced above: Content Management (1) Calendar (1) Project Pricing 1, Project Pricing: The project cost for initial design of the pages specified in the Scope of Work section is defined as follows in a "Good ", "Better ", "Best' pricing structure to accommodate a variety of budget considerations. All work is custom - quality work; the differences in the "Good ", 'Better ", and "Best' prices are related to level of detail, complexity, and time involvement associated with each option, respectively. A. "Good" Design Professional, Custom Work with emphasis on establishing a credible web presence, but leaning on fewer "bells and whistles" and a simpler layout: Solid quality on a tighter budget. Price: $3,715 Inclusive Hours: 44 B. "Better" Design Takes the "Good" design to a more elegant level with higher emphasis on design detail work, more elaborate functionality, and stronger search engine optimization. Price: $4,630 Inclusive Hours: 55 C. "Best" Design Adds more interactive design elements and usability considerations to improve customer experience in highly competitive markets. Price: $5,540 Inclusive Hours: 65 All prices above are inclusive of hours specified, applicable software and service licensing specified, and other overhead, collectively treated as "time and materials ". F , vNwat. vv i vv t rages of 1 b 8/31/2015 10:46:28 AM - fc)201 t Webdrafter Proposal Manager 137- Initials: 2. Hosting: Website hosting options are flexible and can usually be customized to meet your specific needs. The following hosting options are available for your website solution based on the Scope of Work and Functionality you have requested: Business Hosting- $25 /month. This includes email accounts, optional domain management, Google Analytics implementation, access to form submission archive database, and other essential management tools. 3. Recommended Search Engine Marketing (SEM): The following search engine strategies and proposed budgets have been customized for your site, taking into consideration your market, your location, your targeted goals, and your industry competition. We recommend one of the following ongoing SEM plans as follows in a "Good ", "Better ", "Best" arrangement. On the Approval Page of this Agreement, please indicate the option you prefer. Some businesses and organizations have seasonal requirements or budgetary factors that vary throughout the year. A non - refundable, one -time setup fee of $250 is required to set up all necessary accounts, pages, and software configurations for your SEM campaign. To be as accommodating and flexible as possible, we can further customize your marketing strategy based on your specific needs, and you may upgrade /downgrade the selection with 10 days advance notice at no penalty. Distribution of funds between organic and Adwords amounts may be periodically reviewed and adjusted at WebDrafter's discretion to promote Client's website. Good: $600 per month to promote organic rankings, including appropriate combinations of article publications, blog posts, and /or other backlink efforts to promote Google PageRank. If appropriate, a subscribed marketing campaign may be included. This approach typically yields a gradual but steady increase in customer traffic. Better: $780 per month includes more aggressive SEM organic efforts and detailed work on a per -page basis, including appropriate combinations of article publications, clog posts, professional networks, social media posts, press releases, and /or other backlink efforts. This approach is more aggressive and typically yields compounding traffic to your site in a shorter time than the "Good" option. Best: $960 per month is tailored to your business to provide extensive organic and (if applicable) Google Adwords campaigns with continued analysis. This most aggressive option is recommended especially for markets that are over - saturated, geographically widespread, difficult to penetrate, extremely diversified, and /or highly- competitive. In addition to article publishing, blog posting, professional networks, social media, and /or press releases as deemed necessary, this strategy includes the design and production of landing pages if applicable for niche market indexing and traffic. THIS SECTION INTENTIONALLY LEFT BLANK rage v or 10 Initials: 3 3 -20rs 1.0,46,28 AM Ic)20- i wab±aller P cposai 6dana,er -138- 4. Payment Terms: Upon your acceptance of this Agreement, 1) an initial down payment for working capital of 1/3 of project costs is due upon project Start Date. This allows us to commit resources to your project. Upon payment of the working capital invoice and delivery of content materials, we will begin immediate work on your project. 2) A second payment of 1/3 of project costs will be due by 30 days after initial payment. 3) Final payment for the remaining balance must be received by 30 days thereafter. Hosting payments, if applicable, will begin 30 days after your initial payment. Search Engine Marketing (SEM) payments will begin as indicated on the Review and Approval Page of this Agreement. Payment of funds for costs invoiced defined in the Payment Terms 1) signifies your acceptance of satisfactory completion of the project work in accordance with the Scope of Work herein, and 2) satisfies your obligation to render payment for the work performed in conjunction with your project. Special Provisions Elite Web Designs and Harbor Wine & Spirits have agreed upon the following Special Provisions for this project: INCLUDES, Mobile Site, Content Management, 4 Hours Script Writing THIS SECTION INTENTIONALLY LEFT BLANK vroposae uuius Page 5 of 15 Initials: 8/31/2015 10:48:28 AM - (c)2011 webdraf er Proposal Manager -139- Project Management Policies 1. Payments For Scope of Work: a. Web Development: Payments for Scope of Work will be made to WebDrafter by credit card, PayPal, check or e- check. b. Hosting: Monthly website hosting and management charges will be made directly to WebDrafter, the strategic partner or the hosting company who hosts your website solution, whichever is applicable. If, for example, your website hosting company is WebDrafter, your monthly banking statement (if paying by e- check), PayPal Subscription, or monthly credit card statement will reflect WebDrafter. c. Optimization: Payments for Scope of Work will be made to WebDrafter by credit card, PayPal, check or e- check. d. Marketing: All ongoing monthly Search Engine Marketing (SEM) services will be automatically paid directly to WebDrafter by credit card, PayPal Subscription, or e -check (bank draft). All automatic billing by WebDrafter will be secure by 128 -bit or higher Secure Socket Layer (SSL) encrypted connection. You may change or update your payment method on file at any time in writing by submitting a Payment Authorization Form (PAF), 2. Emergent or Excess Work: Additional work beyond the Inclusive Time allotted as described in the Website Project Pricing section will be performed at the discounted rate of $85.00 per hour for Web Design and $100.00 per hour for SEO /SEM. BILLING FOR EXCESS OR EMERGENT WORK APPLIES TO ANY TIME BEYOND THE INCLUSIVE PROJECT TIME SPECIFIED HEREIN, AND INCLUDES CHANGES TO THE SCOPE OF WORK, TECHNICAL SUPPORT TO TROUBLESHOOT AND /OR CONFIGURE FUNCTIONALITY WITH THIRD PARTY SERVICES AND PRODUCTS, TELEPHONE SUPPORT, TRAINING, OR ANY OTHER ADDITIONAL SERVICES REQUESTED. This work includes, but Is not limited to, assistance with configuring software on customers' computers, configuring customers' cell phones for email access, assistance with troubleshooting and configuring customers' web browser settings, interpreting analytics data for web traffic, conference calls to provide training or plan marketing strategies, designing and producing printed marketing materials, etc. WebDrafter reserves the right to decline excess or emergent work not covered in the Scope of Work of this Agreement. 3. Completion of Project Scope: The Scope of Work of this project will be determined to be complete when the specified page work or services have been performed as defined in the Scope of Work section of this Agreement. 4. Completion of Payment: Project work related to this Agreement will be considered paid -in -full for the Scope of Work defined by this project once you have paid all related invoices in accordance with the billable rates presented herein this Agreement. 5. Payment Method Account Changes: All changes to automated monthly payment methods must be made in writing via a WebDrafter Payment Authorization Form. Credit card and bank account information should not be sent via email because email is not a secure method of transmission. Either fax or delivery via United States Postal Service, UPS, or FedEx is recommended - a. Bank Drafts: Required information to make billing account changes for bank accounts includes: financial institution name, account holder's name, account holder's billing address, ABA routing number, bank account number, and authorized account holder signature. b. Credit Cards: Required information to make billing account changes for credit cards includes: card type, card holder's name, card holder's billing address, card number, card expiration, card CCV code (3 digits on signature panel for Visa, Discover, and MasterCard. 4 digits printed on front of AMEX cards), and signature. c. PayPal: Required information to make billing account changes for PayPal accounts includes: PayPal account email address, and PayPal account holder's signature. 6. Automatic Billing: We will retain your preferred payment method and payment account information on file, securely, to be applied to work we perform. We retain copies of paper checks (photo copies or scanned) as record of payment on file in the event that a paper check must be 1) re- presented to the bank due to non - sufficient funds (NSF), or 2) used as a source document to produce a subsequent payment as specified in the "Unpaid Invoices" section of this Agreement. For paper checks and electronic fund transfers (EFT), we will retain the bank name, ABA routing number, and account number on file securely. For ease, convenience, cost savings, and in the interests of conserving the environment, we will apply your payment method on account to outstanding invoices rather than mailing paper invoices to you unless you specify in writing that you prefer to be invoiced for transactions. WebDrafter will only mail paper invoices upon your request or when payment information on account is unavailable for automatic billing. 7. Manual Billing: If you elect not to participate in our automatic billing or specify that you want paper invoices and /or statements mailed to you rather than sent electronically, a monthly service/ statement fee of $5 to cover administrative costs will be applied to your account for recurring transactions such as hosting and /or search engine marketing (SEM). Pr000sal: 001037 Pane F of 1 F n c• 8/31/2015 10A8.28 AM - (c)2011 Weborafter Proposal Manager -140- 8. Unpaid Invoices: Invoices for work performed are due in full within the payment term period indicated by Agreement and as marked on invoices. Unpaid invoices, including but not limited to any of the items below, are subject to the Cancellation Section of this Agreement, "Cancellation Due to Payment History ". a. Payment Not Received By Due Date: Payment is overdue if not received by the due date, and if no other arrangements have been mutually agreed upon in writing you agree to allow us to apply payment to your invoice using the payment method we have on file for you. For example, if you have provided us with initial payment by a hand - written (paper) check or e -check (bank draft) information, you expressly and specifically agree to allow us to initiate and present a substitute check (paper) or Electronic Funds Transfer (EFT) transaction in order to obtain payment for our current or future services. Similarly, if you provide us with your credit card Information, you expressly and specifically agree to allow us to Initiate and present credit card transactions as necessary in order to obtain payment for our current or future services. We may maintain copies of all paper checks, bank account data, and /or credit card information on file for this purpose. b. Uncollectable Payments: In the event that we are unable to collect payment for work performed or other valid charges and fees as described in this Agreement, including future invoices for emergent and routine website updates, you agree to be responsible for any and all fees pursuant to, and Incidental to, obtaining payment for such balances due to WebDrafter. Such fees may include but are not limited to, collection agencies, travel, lodging, per -diem, attorneys, court costs, etc, for attempts made to obtain payment and reconcile your account. C. Delinquent Accounts and Overdue Payments: WebDrafter reserves the right to suspend, withhold, undo and /or discontinue any services including, but not limited to, hosting, marketing, web design, domain registry (including temporary reassignment of registrant as collateral for payment due), and email related to your account until your account is reconciled in good standing. In the event that your website is hosted on a server other than provided by WebDrafter, you agree that WebDrafter may remove or reverse any work performed that has not been paid for, or in the event that WebDrafter no longer has access to that work, you agree to have the work removed or reversed until such time as your account is reconciled as paid -in -full to WebDrafter. 9. Declined Payments: Please keep your billing method current and up -to -date, which includes updating the payment method, account number, and expiration date of any credit card on file for automated billing. Unless you provide us with your updated billing information, our automated billing system for hosting and ongoing marketing will still attempt to process the transaction using the information we have on file, and we will incur associated fees for any declined payments and /or NSF transactions. In addition, it becomes costly and administratively time consuming for us to manually reconcile such transactions. Therefore, you agree to be responsible for recompensing the related fees for declined, NSF, or skipped transactions as follows: a. NSF and Service Fees: Declined credit card payments or Non - Sufficient Funds (NSF) checks /bank drafts will incur a fee of $25 per incident. This includes, but is not limited to, payments that decline due to expired credit cards, over -limit charges, or card numbers that have been replaced due to being reported lost or stolen. b. PayPal Payments Declined (also called "Skipped "): If a PayPal payment is declined, a service fee of $10 per incident will be assessed to Client. This includes any PayPal payment that declines due to the payment method(s) associated with Client's PayPal account failing to process due to, but not limited to, credit card expiration, Non - Sufficient Bank Funds, closed accounts, etc. It is important that you update any credit card or bank account changes related to your PayPal account immediately as they occur. c. Second Attempt at Billing: If a credit card, paper check, or bank draft payment is declined, we will wait five (5) business days before attempting to re- present or repost the payment, during which time we will attempt to contact you by phone and /or email. If a PayPal payment is declined, the PayPal service may attempt to re- present the transaction one additional time. If the subsequent payment is declined (credit card, paper check, bank draft, or PayPal), it will be considered a new, separate incident, and the service(s) for which the payment was to be applied will be suspended until the account is paid to good standing, including resulting service fees. d. Alternative Payment Methods: If you have provided us with a secondary ( "alternative ") payment method on file, we will first attempt to apply your primary method to pay for invoices before attempting to apply the alternative method. In the event your primary method is declined, skipped, or returned as NSF, we will automatically attempt any alternative payment method(s) on file. If you provide new payment information that is intended to replace or supersede a previous valid payment method on file, you must specify in writing if you want the previous method to be removed from your account. If you have not specifically requested the previous method to be removed from your account, it will be managed as an alternative payment method and the new payment method will be managed as your primary payment method on file. rrupusar uu i usr Page 7 of 15 Initials: 93120'510;4626 AM- rci ^0- i Wcbjrafler Proposal N,ana,er -141- e. History of Declined Payments: If payment for an ongoing monthly service declines for three months out of a twelve month period, you agree to convert monthly billing to an annual billing interval for website hosting services, and /or to a quarterly billing interval for ongoing Search Engine Marketing (SEM) services, and will be invoiced for pre - payment of the next billing period, accordingly. 10. Chargebacks: If you dispute a credit card charge or bank draft transaction due to your oversight, negligence, or error (including attempts to circumvent the cancellation terms herein), you agree to reimburse WebDrafter for any resulting transaction fees, administrative charges, and chargeback fees. You further agree to reinstitute payment for services rendered or contracted which you charged back. Transactions which are charged back will be considered delinquent retroactive to the date of the original invoice and handled in accordance with the overdue and payment delinquency terms herein. 11, Languishing Projects: Upon your signature to this Proposal, this Document becomes a legal and binding Agreement for contracted services with respect to the Scope of Work contained herein. Your project will be prioritized and managed at the opportunity cost of other projects that we might have otherwise accepted. Consequently, the following provisions are in effect in order to ensure that WebDrafter is able to make reasonable and timely delivery for your project with minimal damage or impact to our other clients' projects. A "languishing project" is one with a lapsed due date and /or either has made no progress or insufficient progress to ensure completion within a reasonable period of time ( "reasonable delay ") as specified herein. a. Reasonable Delay: If circumstances develop that cause delays by any Party to this document, we will make every attempt to adhere to the proposed Project End Date herein. We are understanding and flexible to reasonable delays due to emergent circumstances unforeseen at the Project Begin Date. For the purposes of this Document, all Parties agree that within 60 days is considered "reasonable delay ". b. Our Fault: It will be considered our fault if we, our strategic partners, or our assigns are unable to complete your project within 60 days of the Project End Date due circumstances for which we are responsible, including technology failure on our part, labor strike, or incompatible skill set for the Scope of Work we have agreed to herein. Unless mutually agreed upon otherwise, we will prorate the billing (at the discounted rates herein) to account for work actually performed, and we will provide it to you in a fashion that is usable by another professional Web developer. After prorating the billing, we will then issue you a refund for the amount of any overpayment you have made, or if a balance is due to us, we will waive such balance to reconcile your account. c. Not Our Fault: It will be considered not our fault if we, our strategic partners, or our assigns are unable to complete your project within 60 days of the Project End Date due to circumstances including but not limited to not receiving necessary content and materials from you, your failure or refusal to communicate or respond to repeated requests we initiate (history of not returning phone calls, emails, etc.), mid - project changes to Scope of Work which cause project delays, and /or rework of any kind after you have approved or accepted project work. If any of the aforementioned situations in this paragraph arise and we are unable to resolve them within a reasonable delay, after 60 days you authorize us (or the applicable billing Party) to apply payment in full for the remaining balance on account using your payment method on file, which we will then apply as a non - refundable credit to your account. We will apply the credit on your account to the Scope of Work of your project once the project resumes, unless the project becomes a Dormant Account as defined in the following section. 12. Active and Dormant Accounts: Your customer account with us will be considered "active" for one year after any activity posted to it. Your account will be considered "dormant" if no transaction activity occurs. Hosting, Search Engine Optimization (SEO), Search Engine Marketing (SEM), Domain Name purchases and renewals, Web Development Work, Graphics Design work, or most other transactions (receipts or invoices) will serve to reset the one year (365 days) counter (exceptions include account service charges, finance charges on overdue balances, and any monthly account management fees on dormant -- accounts) to keep your account in an active status for the respective service provider. a. Dormant with Balance Due: Dormant accounts with a balance due are considered negligently delinquent, meaning that the outstanding balance due is excessively overdue for a period of over one year. We will attempt to obtain payment from you for overdue balances via periodic statements mailed to your last known billing address on file. To maintain administrative efficiency, your approval of this Agreement acknowledges your understanding that balances due on dormant accounts will be considered "bad debt" and may be referred to a collections agency, which in turn may reported to credit bureaus. At our discretion, we may also pursue legal action to recover fund from overdue balances, in which case you agree to pay all costs and fees including, but not limited to, travel, lodging, per -diem, attorneys, court costs, etc. incidental to the collection of your balance due. Your Dormant Account with any balance due will be immediately closed, and any other services provided to you by WebDrafter will be terminated without refund. Proposal: 001037 Page 8 of 15 Initials: cc 31 2D' S 10:4529 AM; c)e01' WebdraCer FmFo=a� V" r.arrjer -142- b. Dormant with Credit on Account: Dormant accounts with credit balances are considered to be abandoned funds, meaning that the outstanding credit has aged to the point where you have lost interest in retaining it or receiving benefit from its use for a period exceeding one year (365 days). We will notify you of any refundable credits you have on account via periodic statements or credit vouchers mailed to your last known valid billing address on file. To maintain administrative efficiency, your approval of this Agreement acknowledges your understanding that dormant accounts with credit balances will be assessed a $35 monthly management fee beginning on the first day which begins the second year of no activity on the account. The monthly management fee will continue in perpetuity until a transaction occurs which brings the account back into "active" status, or the credit balance is depleted. Once a credit balance is depleted from a dormant account, the account will thereafter be immediately closed. C. Dormant with Partial Work Completed: Accounts that qualify as a "Languishing Projects (Not Our Fault)" for a period exceeding of one year (365 days) that are paid up to the point of work completed, but on which the agreed upon Scope of Work have not been completed, will be considered "Dormant with Partial Work Completed ". Until the point where the account becomes "Dormant", Client may "claim" their partially completed work by requesting that any work performed by WebDrafter is saved on external media (CD -ROM, DVD -ROM, or Flash Drive) and shipped with delivery confirmation to Client for a service fee of $50, paid in advance. Once such an account becomes "Dormant ", the account will be immediately closed, any unclaimed work will be permanently and irreversibly purged (deleted) from our servers without saving it to external media, and the amount paid by Client for the unclaimed work will be forfeited without credit or refund. 13. Finance Charges on Overdue Balances: Invoices provided to you will be clearly marked with payment terms, typically annotated as "Pre -Pay ", "Due on Receipt ", "Net 15 ", "Net 30 ", or "Net 60 ". ( "Net" payment terms mean that the balance indicated is due in full within the number of days indicated). Net billing is also known as a "grace period" to receive payment without incurring finance charges on the outstanding balance due. If a payment is overdue, the following finance charges will be applied to your respective account: 1 % of the balance monthly, $10 minimum. 14. Hourly Rates: Our hourly rates are subject to change without notice. Project pricing and hourly rates specific to the Scope of work for your project are guaranteed to remain as quoted herein through the completion of your project. The hourly rates quoted for additional (future) work after your project's completion are not guaranteed in perpetuity, and WebDrafter, at its sole discretion, may change (increase or decrease) the hourly rate applied to future work in response to market demands. Client agrees that after completion of the Scope of Work herein for this project, any subsequent hourly work performed will be billable at the then - current hourly rate at the time additional services are rendered. 15. Incremental and Prorated Billing: Billing for hourly work will be prorated in half -hour increments, rounded up to the nearest half -hour. 16. Content for Your Project: Content for pages must be provided to us prior to the Start Date to ensure timely completion of project. Delays in delivery of content, and changes or additions to content while the project is in development may result in delays in project delivery beyond the specified or computed Project End date. a. Acceptable Forms of Content Delivery: Content should be provided in digital /electronic format, and appropriately represent the information to be displayed on your website. Except as necessary for search engine optimization (if applicable), we will use the content you provide as -is without adjustment or proof- reading unless you specifically contract us to copy -edit or proofread the material. Information you provide to us after your project starts, content that WebDrafter must manually enter, or information that you change /modify after pages have been developed may incur additional hourly fees if additional hours are required to complete the Scope of Work, or if rework is necessary to make adjustments. b. Transferred, Migrated, or Otherwise Copied Content: When website content is being copied or transferred to WebDrafter from another hosting account provider or any other source, Client assumes all responsibility for content that may be rights- managed in accordance with the Legal Waivers, Disclaimers, Limits of Liability, and Durability section of this Agreement. 1. Damaged or Missing Content: When transferring a website to WebDrafter from a third -party hosting service provider, WebDrafter is not responsible for correcting damaged or missing content that come from the third -party hosting service provider. Examples of damaged or missing content include, but are not limited to, broken links, corrupted files, proprietary code, and other such materials that are not readily available or cannot be obtained from the third -party service provider. rrup sdl. uV I VJ/ rage 9 of 15 Initials: 93 -2Cib 046:28APJ- !ci2r`ir Webdrafter ProuosaI Maraner -143- 2. Transfer or Inclusion of Erroneous Content: Unless specifically including copy editing services in the Scope of Work Agreement, content you provide to WebDrafter for your website will be used as -is. WebDrafter is not responsible for typographical errors, layout errors, typesetting errors, grammar errors, spelling errors, or any other errors transferred from source documents and files. This applies for content that you provide to WebDrafter for inclusion in a new site design or site redesign, as well as for content transferred to WebDrafter from another hosting provider. Copy editing services are available separately upon request. c. Access to Relevant Accounts: For the purpose of fulfilling the agreed upon Scope of Work within the project timelines as described herein, the term "Content' includes all account access and login information that we need in order to transfer or configure files, shopping carts, domain names, email accounts, etc in conjunction with your project. 17. Third -Parry Software and Licensing: In the event other Third - Party - Materials are necessary to complete the project, including but not limited to applications; software; stock photo images; clip -an; video clips; subscriptions; or licenses, you agree to procure and provide us with, or reimburse us for procurement of such materials. , , vNvaa. VV. w, THIS SECTION INTENTIONALLY LEFT BLANK rage to of lb Initials: 8'8-20`610:46:28 AM 1cp20 -1 WffijraP8, Propo=_al Malaa,r -144- Standard Legal Clauses The following Waivers, Disclaimers, and Limits of Liability are in effect due to 1) the widespread and far reaching linkable and attainable content digitally available via the Internet, 2) our inability to control and monitor such content, 3) our inability to certify or verify rights managed content provided to us by our clients with regard to their website's development, and 4) the ability for our clients to make changes and additions to their own website content themselves, or through third -party applications and services beyond our control. 1. Disclaimer of Warranties: WebDrafter disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, operability, and /or availability of information or material displayed on Client's Website or hosting service. Additionally, WebDrafter disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Further, WebDrafter disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through Client's website or any other website. WebDrafter's services are provided "as is ", with no warranties whatsoever. WebDrafter disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non - infringement of proprietary rights. Additionally, WebDrafter disclaims any warranties regarding the security, reliability, timeliness, and performance of all hosting, merchant account, consultant, and other service providers related to support, performance, and functionality of Client's website. Further, WebDrafter disclaims any warranties for any information or advice obtained through or advertised related to the hosting, merchant account, consultant, and any other service or services, as well as for any information or advice received through any links provided in or by such services. 2. Limitation of Liability: Under no circumstances shall WebDrafter be liable to any website user (website visitor, customer, or otherwise) on account of that user's use or misuse of, or reliance on, the hosting, merchant account, or other third -party services associated with Client's website or provided to Client. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if WebDrafter and /or other website service parties to this Agreement have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of, and reliance on, such services, from inability to use such services, or the interruption, suspension, or termination of such services (including such damages incurred by third parties). Client holds harmless WebDrafter, its shareholders, officers, directors, employees, subcontractors, strategic partners, and other assigns from any and all errors, omissions, and /or damages that may relate to services rendered or content contained on or within Client's website, as well as from implementation, employment of, and content of any marketing efforts related to or incidental to the promotion of Client's website. 3. Content Posted on, Linked To, or Linked From Client's Website: Client's website, the sites displayed in Internet search results, or linked to/from Client's website may be developed by people or companies over whom WebDrafter exercises no control. We are not responsible and shall not be liable for the content, listings or advertisements contained in websites we develop, and those websites may include technical inaccuracies or typographical errors notwithstanding our efforts to eliminate them. WebDrafter does not check licenses, trademarks, certifications, copyrights and other certified or rights managed content provided by Client or provided to Client, and Client agrees to hold WebDrafter harmless of all infractions, breaches, or legal consequences resulting from use or misuse of content posted on Client's website. Client assumes sole, total and complete responsibility for use of all content on Client's website. WebDrafter does not assume the responsibility of monitoring the use of trademarks, certifications, copyrights, or other rights of third parties. WebDrafter may make improvements and /or changes in the products, services, and /or programs described in these materials at any time without notice. A search using Internet search tools, resources, or services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. WebDrafter cannot guarantee that an Internet search will not locate unintended or objectionable content and assume no responsibility for the content of any website included in any search results, including Client's site. Links and content created by WebDrafter personnel (and also WebDrafter's subcontractors and assigns) that involve newsletter, article, and /or biog submissions in conjunction with advertising, promotion, public relations and /or search engine marketing efforts performed by WebDrafter may credit the Client's name, Client's company, WebDrafter or a WebDrafter employee, vendor, subcontractor or other assigns as the author or co- author, with content of the written copy to be created at WebDrafter's discretion. Client may request (in writing) to review such content prior to posting and /or publishing articles and /or biog entries. Upon Client's review of written copy content, or in the absence of Client's written request for review of such content preceding the publication or posting date of such content, Client agrees to hold harmless WebDrafter, its officers, employees, and assigns from any liability, misrepresentation, or damages resulting from newsletter, article, and biog citations and content. �,. �• raye I I or io Initials: 8/31/2015 10:46:26 AM - (c)201! Webdrafter Proposal Manager -145- 4. Durability and Venue of Agreement: This Agreement shall be construed and governed in accordance with the laws of the State of Pennsylvania without regard to its conflict of laws rules and principles, the parties agree that venue and jurisdiction for any disputes lies exclusively in Dauphin County, Pennsylvania, and Client hereby submits to personal jurisdiction in Dauphin County, Pennsylvania and waives any defense based on venue, jurisdiction, and forum non conveniens. If either party brings any action to this Agreement against the other party regarding the subject matter hereof, Client agrees to recompense all costs and fees including, but not limited to, travel, lodging, per -diem, attorneys, court costs, etc. incidental to the resolution of such dispute. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired, and this Agreement shall continue in full force and effect as if such invalid, illegal, or unenforceable provision had never been a part of the Agreement. THIS SECTION INTENTIONALLY LEFT BLANK Froposal: 001037 Page 12 of 15 Initials: a'5! 2C^5 tC:dG:28 A.M rc1- O' "'Jrbdia1 :er Proposal .%!, nager -146- Changes and Cancellations 1. Changes for Scope of Work and /or Recurring Services: The following services may be changed as follows: a. Project Scope of Work: Client must make change requests to Search Engine Optimization or Website Design projects in writing (email is acceptable) and understands that such changes may involve re -work, incur additional costs to Client, and impact the scheduled completion date of the project. b. Search Engine Marketing (SEM): Based on WebDrafter's monthly review of SEM results within Client's approved budget. Client agrees that WebDrafter, at its sole discretion, may make changes and adjustments to how the budgeted funds are allocated between organic, pay - per - click, social media, and other methods of SEM. This Agreement proposes an initial amount and allocation, but WebDrafter will dynamically adjust the monthly distribution as it deems appropriate to manage and improve search engine promotion. The total dollar amount of Search Engine Marketing (SEM) work provided to Client maybe adjusted by Client prior to 15 days of the Client's next recurring billing date. Client adjustments to the SEM budget may not decrease below the minimum proposed SEM amount herein less the proposed Ad Words portion for that amount. In the event that Client changes the monthly marketing amount (seasonally or otherwise), or increases or decreases the SEM scope of work, Client must make such a request in writing (email is acceptable) and agrees that a new Minimum Term of four (4) months begins upon making any such changes. Change requests by Client made within 15 days of the next billing date will be adjusted for the following billing period. c. Website Hosting: Website hosting may be changed by Client prior to 15 days of the next recurring hosting billing date. Change requests made within 15 days of the next billing date will be adjusted for the following billing period. 2. General Cancellation of Project: This Agreement shall commence upon full execution and delivery of this Agreement by all signatory parties and may be cancelled by WebDrafter or Client with three (3) day's written notice of the date executed with no Cancellation Fee. If Client cancels this Agreement after three days of being signed, Client agrees to pay for all unpaid hourly work performed on the project; plus overhead expended by WebDrafter for project resources such as third -party software licenses, stock photos, etc; plus an early termination Cancellation Fee of 20 percent of the remaining balance due for the project. The minimum Cancellation Fee is $100. If this Agreement is cancelled after work has begun but prior to project completion, Client agrees to pay for actual work performed at regular hourly rates (not the discounted rates quoted herein) as of the date on the Title Page of this Agreement. Regular hourly rates are currently $110 /hr for Web Design, Graphics Design, and Copy Writing; and $125/hr for Search Engine Optimization (SEO) and Search Engine Marketing (SEM). 3. Cancellation of Recurring Services: The following ongoing services may be cancelled as described: a. Search Engine Marketing: Search Engine Marketing (SEM) work provided to Client may be canceled after payment for the Minimum Term of four (4) months has been completed and prior to 15 days of the Client's next recurring billing date. Requested cancellations for SEM services which have not met the minimum term will incur the balance due for the remaining months of the term, payable at the time of cancellation. Requested cancellations for SEM services which are made within 15 days of the Client's next recurring billing period will be billed for the next billing period. b. Website Hosting: Website hosting may be canceled by client prior to 15 days of the next recurring hosting billing date. Cancellation requests made within 15 days of the next billing date will be billed for the next billing period. Client has 15 days from date of hosting cancellation to request a backup copy of website content on CD -ROM for a fee of $50. After 15 days, WebDrafter may archive or delete website content at its sole discretion. 4. Cancellation Due to Payment History: If payment for any project work or services is refused by Client or declined by Client's payment method, if payment is disputed by Client, or if payment is late beyond the payment due date, WebDrafter reserves the right to cancel any remaining project or recurring service work immediately at WebDrafter's sole discretion and proceed as described in the "Unpaid Invoices: Delinquent Accounts and Overdue Payments" section of this Agreement. 5. Notification of Change and Cancellation Requests: All change requests and cancellation requests must be made in writing. Email is an acceptable method of written notification. 6. Monetary Reconciliation for Cancellations: Upon cancellation of this Agreement, any funds paid in advance for project work will first be applied to actual work performed and fees pursuant to the General Cancellation terms of Paragraph 2 above, with any remainder refunded to Client. Any remaining payments due to WebDrafter will be collected via automatic billing using payment methods on file or invoiced to you under Net 15 payment terms plus applicable declined payment fees if automatic billing fails. Upon early cancellation, we will return all Client - provided materials to you. Upon Client's request, WebDrafter will also provide a written account of work performed, and will deliver all developed project materials to Client for work that has been paid for by Client. Email is an acceptable mode of written documentation. Proposal: 001037 Page 13 of 15 initials: 8/31/2015 10:48:28 AM- (c)2011 Webdrafter Proposal Manager -147- Review and Approval Acceptance of this Proposal will constitute binding legal Agreement to the terms herein. Any clarification or alteration of the terms in this Document must be mutually defined and agreed upon by all undersigned parties in writing. SUBMITTED BY: 1, Sandra Wagner, authorized agent for Elite Web Designs, submit this Proposal for review and approval by Harbor Wine & Spirits and our Strategic Partner, WebDrafter, for work to be performed in whole or in part by WebDrafter.com, Inc.. •t>�t� President 8/31/2015 Signature Position/Titie Date REVIEWED, ACCEPTED, and FORWARDED BY: I, Melodi Elliott, authorized agent for WebDrafter.com, Inc., have reviewed and do accept this Agreement, and further submit this Proposal for review and approval by Harbor Wine & Spirits. Upon approval of Harbor Wine & Spirits, and our receipt of the executed Agreement, payment authorization, required content, and initial payment as described herein, WebDrafter will begin project work as set forth herein. President 8/31/2015 Signature Position/Title Date APPROVED BY: authorized signatory representative of Harbor Wine & Spirits, have reviewed and understand this Agreement in its entirety, and I accept this Agreement in accordance with the terms and provisions herein and as updated periodically at www. webdrafter .com /paymentpolicies.pdf, whichever version is most recent. I agree that WebDrafter's terms and policies apply also to ongoing and /or future work and survive this projects scope -of -work completion. My signature below indicates my binding approval and gives permission to commence work on this project. The Proposed Scope of Work that I agree to is selected below, indicated by my Initials In each applicable box: Scope of Work Recommended SEM GOOGLE AdWords Hosting Options Please Initial one: Please Initial one: Please Initial One: Please Initial One: ® Good Good ❑ Add $350 Adwords ® Business $3,715 $600 /month to SEM amount $25 /month Better Better Add ® $4,630 $780 /month ® AdWosds to SEM amount Best Best $5,540 ® $960 /month ® ds All SEM will No Marketing be organic as proposed (default) Signature Positionlritle Date PLEASE ENSURE that you have INITIALED the appropriate choices above, READ and INITIALED each page of this document to indicate your understanding and acceptance of the content herein, and SIGNED this document indicating your approval and agreement to this contract ( "Agreement "). rroposal: vu I oat Page 14 of 15 Initials: 8/31/201510:46:28AM- (c)2011 Webdrafter Proposal Manager CONFIDENTIAL Webpra- /�er.cow�. We request your approval signature for recurring billing on any items such as monthly hosting, ongoing search engine marketing, and recurrent project work (website maintenance) that you may require us to do. Per the terms in our approved Agreement with you, your information will be maintained confidentially and processed through secure transaction methods as necessary. Please select a payment method for your accounts with WebDrafter.com, Inc.( "Merchant "). WebDrafter.com, Inc. Payment Authorization Form Website Client Information: Name: John Colotti Company Name: Harbor Wine & Spirits Mailing Address: 2135 Commerce Boulevard City /State /Zip: Mound, Minnesota Zip: 55364 Email: johnoolottl @cityofmound.com Phone Number: 952 - 472 -0648 TRANSACTION DETAILS: You agree to make payments in the amounts as follows, governed by the terms in your formal written Agreement with WebDrafter.com, Inc. Website Design (Single Purchase) Amount $ (Divided in Individual Payments as follows: $ $ $ ) Ongoing (Recurring) Monthly Hosting Payment: $ Ongoing (Recurring) Monthly Marketing Payment: $ Please Select and Complete at Least One of the Following: Credit Card Payments: I AGREE that in consideration for the goods, products and services provided to me by the MERCHANT listed below, I hereby authorize the Merchant to charge my bankcard for payments as invoiced on a recurring basis. I FURTHER AGREE that my bankcard may be used to automatically make payments for any balance on my account with the Merchant below in accordance with the Terms and Conditions set forth in my formal written Agreement with them for work including, but not limited to Wobsite Design, Hosting, Search Engine Optimization, Search Engine Marketing, Domain Name Registrations, and Website Maintenance. If I am not satisfied with my purchase, I understand that I have a five (5) calendar day right of rescission from the original Agreement date to be addressed with the Merchant in writing. I further acknowledge that I must provide fifteen (15) days advance written notice to cancel this Payment Authorization for future payments and will honor any payments for balances due or services rendered that post during the 15 day cancellation notice period. My signature to the right indicates my understanding, acceptance, and agreement to the terms and conditions herein. Credit Card Account: Card Holder's Name on Card Credit Card Number Expiration (mo/yr) GCV Code Signature of Card Holder Data Card Type Bank Draft / Check / eCheck / Electronic Funds Transfer (EFT) Payments: Bank Checking Account: I AGREE that in consideration for the goods, products and services provided to me by the MERCHANT listed below, I hereby authorize the Merchant to draft funds from my checking account on a recurring basis for payments as invoiced. I FURTHER AGREE that my checking Account Holder's Name account may be used to automatically make payments for any balance on my account with the Merchant below in accordance with the Terms and Conditions set forth in my formal written Agreement with them for work including, but not limited to Website Design, Hosting, Search Financial Institution / Bank Name Engine Optimization, Search Engine Marketing, Domain Name Registrations, and Website - Maintenance. If I am not satisfied with my purchase, I understand that I have a five (5) calendar day right of rescission from the original Agreement date to be addressed with the respective Bank ABA Routing Number (9- Digits) Merchant in writing. I further acknowledge that I must provide fifteen (15) days advance written notice to cancel this Payment Authorization for future payments and will honor any payments for balances due or services rendered that post during the 15 day cancellation notice period. My Account Number signature to the right indicates my understanding, acceptance, and agreement to the terms and conditions herein. Signature Date Merchant Information: WebDrafter.com, Inc. Phone: 717- 589 -7812 P.O. Box 112 Fax: 717 - 589 -7813 Miilerstown, PA 17062 Email: Billing @WebDrafter.com t -149-