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HomeMy WebLinkAboutAgenda Packets - 2017/04/10CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, April 10, 2017 7:00 p.m. REVISED AS OF APRIL 10, 2017, AT 6:30 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Mueller, Gunn, Hull, Meehlhause, Bergeron 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Presentation from Senator Jason Isaacson 7. COUNCIL BUSINESS A. 7:00 p.m. Public Hearing: Resolution 8747, a Resolution to Consider a Honeybee Keeping License Located at 2071 Terrace Drive. Applicant: Adam Retterath B. Resolution 8745, Awarding the Sale of $6,000,000 General Obligation Capital Improvement Plan Bonds, Series 2017A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment C. Resolution 8742, Establishing Meeting Times for the City Council D. Ordinance 932, First Reading and Introduction, Amending Section 502.12 Relating to Hours and Days of Off-Sale Liquor Sales E. Resolution 8741, Accepting Bids Received by the City of Coon Rapids Joint Powers Agreement for 2017 Seal Coating of Area D 8. CONSENT AGENDA A. Resolution 8743, Allowing the Mounds View Police Foundation to Use “Mounds View Police Department” in its Marketing Materials B. Resolution 8744, Dissolving the Fridley Training JPA C. Resolution 8740, Approving Bidding Documents and Authorizing Advertisement for Bids for 2017 Sewer Rehabilitation Project D. Resolution 8746, Approving a Revision to the City’s Policy in Support of Artistic Organizations 9. JUST AND CORRECT CLAIMS City Council Agenda Monday, April 10, 2017 Page 2 10. APPROVAL OF MINUTES A. March 13, 2017, City Council Meeting B. March 27, 2017, City Council Meeting 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, May 1, 2017, at 7:00 p.m.______ p.m. Next Council Meeting: Monday, April 1027, 2017, at 7:00 p.m.______ p.m. 13. ADJOURNMENT Item No: 07A Meeting Date: April 10, 2017 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Public Hearing: Resolution 8747, to Consider a New License for Keeping of Honeybees at 2071 Terrace Drive – Applicant: Adam Retterath Introduction: City Council passed Ordinance 908, which amended Chapter 701 of the City Code to provide for the keeping of bee hives on properties zoned R-1, Single Family Residential. Residents would be limited to no more than four (4) hives restricted to backyard areas. Hive openings must face in toward property owner’s backyard. This Ordinance became effective on October 25, 2015. Background: Applicant Adam Retterath, located at 2071 Terrace Drive, submitted a license application to keep and raise honeybees on his property. Attached is the application for the City Council’s consideration. It appears Mr. Retterath meets all the requirements under Ordinance 908. In accordance with Ordinance 908, initial applications shall be considered by the City Council after holding a public hearing on the matter. Licenses are valid indefinitely so long as the hives are operated continuously. This license may be revoked or denied by the City Council based on negligence or nuisance. In such event, the property owner would be provided with an opportunity to be heard. Staff published this hearing in the City’s official newspaper, Sun Focus. Public hearing notices were also mailed to residents within a 350 feet radius of 2071 Terrace Drive. Applicant did receive a satisfactory report from the Mounds View Police Department. Recommendation: Staff recommends opening this public hearing for public comment. Staff recommends approval of this license. Respectfully submitted, _____________________ Desaree Crane RESOLUTION 8747 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A HONEY BEE KEEPING LICENSE TO ADAM RETTERATH, 2071 TERRACE DRIVE WHEREAS, the City Council passed Ordinance 908, which amended Chapter 701 of the City Code to provide for the keeping of bee hives on properties zoned R-1, Single Family Residential; and, WHEREAS, in accordance with Ordinance 908, initial applications shall be considered by the City Council after holding a public hearing on the matter; and WHEREAS, Adam Retterath submitted a license application and fees to keep and raise honeybees on his property located at 2071 Terrace Drive; and, WHEREAS, Staff has reviewed Mr. Retterath’s application; and WHEREAS, Mr. Retterath’s application meets all the requirements as set forth in Ordinance 908; and WHEREAS, this license is valid indefinitely so long as the hives are operated continuously; and WHEREAS, this license may be revoked or denied by the City Council based on negligence or nuisance. NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve a license for the keeping and raising of honey bees to Adam Retterath on his property located at 2071 Terrace Drive. Adopted this 10th day of April, 2017. ________________________________ Carol A. Mueller, Mayor ATTEST: ________________________________ James Ericson, City Administrator (seal) Item No. 7.B. Meeting Date: April 10, 2017 Type of Business: Council Business City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8745, Awarding the Sale of $6,000,000 General Obligation Capital Improvement Plan Bonds, Series 2017A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment The City Council adopted resolution 8732 on March 27th, 2017 calling for the sale of $6 million of General Obligation Capital Improvement Plan Bonds, Series 2017A to finance the construction of a new public works facility. The sale results will be available by 12 noon on Monday, April 10, 2017. The resolution and exhibits will be revised by Kennedy & Graven to reflect the successful bidder and the final results. The City Council would have the option to reject the successful bid based on the recommendation of the City’s financial advisor. Respectfully Submitted, Mark Beer, Finance Director 496797v1 JSB MU210-244 2 Extract of Minutes of Meeting of the City Council of the City of Mounds View, Ramsey County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mounds View, Minnesota, was duly held in the City Hall in said City on Monday, April 10, 2017, commencing at 7:00 P.M. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the issuance of the City’s $6,000,000 General Obligation Capital Improvement Plan Bonds, Series 2017A. The City Administrator presented a tabulation of the proposals that were received in the manner specified in the Terms of Proposal for the Bonds. The proposals are as set forth in Exhibit A attached. After due consideration of the proposal, Member ____________ then introduced the following resolution, and moved its adoption: 496797v1 JSB MU210-244 3 RESOLUTION 8745 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION AWARDING THE SALE OF $6,000,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2017A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Mounds View, Ramsey County, Minnesota (the “City”) as follows: Section 1. Background. 1.01. Statutory Authorization. The City is authorized by Minnesota Statutes, Chapter 475, including without limitation, Section 475.521 (the “Act”) to finance certain capital improvements under an approved capital improvement plan by the issuance of general obligation bonds of the City payable from ad valorem taxes. Capital improvements include acquisition or betterment of public lands, buildings or other improvements for the purpose of a city hall, library, public safety facility and public works facilities (excluding light rail transit or any activity related to it, or a park, road, bridge, administrative building other than a city hall, or land for any of those activities). 1.02. Capital Improvement Plan Authorizing Issuance of Bonds. On November 14, 2016 the City held a public hearing regarding a five year capital improvement plan (the “Plan”), and regarding issuance of bonds in the maximum principal amount of $7,500,000 to finance planned capital improvements, all in accordance with the Act. The Plan authorizes issuance of bonds to pay the cost of certain capital improvements identified in the capital improvement plan, including but not limited to the acquisition and construction of a public works facility (the “Improvements”). 1.03. No Petition for a Referendum Received. The City Council has determined that no petition for a referendum on issuance of bonds pursuant to the Plan was received by the City within 30 days after the hearing in accordance with the Act. 1.04. Estimated Total Cost of Capital Improvements. The City estimates that the total cost of the Improvements is approximately $6,000,000, including capitalized interest, costs of issuance and bond discount. 496797v1 JSB MU210-244 4 1.05. Determinations of the City in Compliance with the Act. As required by the Act, the City has determined that: (i) the expected useful life of the Improvements will be at least 5 years; and (ii) the amount of principal and interest due in any year on all outstanding bonds issued by the City under the Act, including the Bonds, will not exceed 0.16% of the taxable market value of property in the City for taxes payable in 2017. 1.06. Issuance of the Bonds. The City finds it is necessary and expedient to the sound financial management of the affairs of the City to issue its $6,000,000 General Obligation Capital Improvement Plan Bonds, Series 2017A (the “Bonds”) pursuant to the Act to provide financing for the Improvements. Section 2. Sale of Bonds. 2.01. Award to the Purchaser and Interest Rates. The City is authorized by Minnesota Statutes, Section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial advisor in connection with such sale. The actions of the City staff and the City’s financial advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. The proposal of _______________ (the “Purchaser”) to purchase the Bonds of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $_______________ for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2019 % 2029 % 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 2028 2038 2.02. Purchase Contract. Any original issue premium and any rounding amount shall be credited to the Debt Service Fund hereinafter created, or deposited in the Construction Fund hereinafter created, as determined by the City Finance Director upon consultation with the City’s municipal advisor. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Administrator are authorized to execute a contract with the Purchaser on behalf of the City, if requested by the Purchaser. 496797v1 JSB MU210-244 5 2.03. Terms and Principal Amounts of Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act to the Purchaser in the total principal amount of $6,000,000. The Bonds will be originally dated the date of issuance in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1 upward, bearing interest as above set forth and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2019 $240,000 2029 $295,000 2020 245,000 2030 305,000 2021 250,000 2031 310,000 2022 255,000 2032 320,000 2023 260,000 2033 330,000 2024 265,000 2034 340,000 2025 270,000 2035 350,000 2026 275,000 2036 360,000 2027 280,000 2037 375,000 2028 290,000 2038 385,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). 2.04. Optional Redemption. The City may elect on February 1, 2026, and on any day thereafter to prepay Bonds due on or after February 1, 2027. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 8 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 3. Registration and Payment. 3.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2018, 496797v1 JSB MU210-244 6 to the registered owners of record thereof as of the close of business on the 15th day of the immediately preceding month, whether or not that day is a business day. 3.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of the Bonds and the registration of transfers and exchanges of the Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the 15th day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. The Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of the Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. 496797v1 JSB MU210-244 7 (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of any Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 3.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 3.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Finance Director and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be 496797v1 JSB MU210-244 8 valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 3.06. Temporary Bonds. The City may elect to deliver, in lieu of printed definitive Bonds, one or more typewritten temporary Bonds in substantially the form set forth in Exhibit B with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds, the temporary Bonds will be exchanged therefor and cancelled. Section 4. Form of Bond. 4.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form attached hereto as Exhibit B. 4.02. Approving Legal Opinion. The City Finance Director is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany the Bonds. Section 5. Payment; Security; Pledges and Covenants. 5.01. Debt Service Fund. (a) The Bonds are payable from the General Obligation Capital Improvement Plan Bonds, Series 2017A Debt Service Fund (the “Debt Service Fund”) hereby created, and the proceeds of the ad valorem taxes hereinafter levied are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of the taxes levied by this resolution, when collected. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 2.02; (iii) except as provided in (b), proceeds of general ad valorem taxes herein levied for the Bonds (the “Taxes”), which Taxes are pledged to the Debt Service Fund; (iv) all investment earnings on amounts in the Debt Service Fund; and (iv) any other funds appropriated for the payment of principal or interest on the Bonds. (b) Construction Fund. The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Taxes collected during the construction of the Improvements will be deposited in a separate construction fund (the “Construction Fund”) to be used solely to defray expenses of the Improvements and the payment of 496797v1 JSB MU210-244 9 principal and interest on the Bonds prior to the completion and payment of all costs of the Improvements. Any balance remaining in the Construction Fund after completion of the Improvements may be used to pay the cost in whole or in part of any other capital improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and subsequent collections of Taxes for the Improvements are to be deposited in the Debt Service Fund. 5.02. Pledge of Taxes. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, to be spread upon the tax rolls and collected with and as part of other general taxes of the City. The tax will be credited to the Debt Service Fund above provided and is in the years and amounts as follows (year stated being year of collection): Year Levy (See Exhibit C) 5.03. Certification to County Auditor as to Debt Service Fund Amount. It is determined that the estimated collection of the foregoing taxes, will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds. The tax levy herein provided will be irrepealable until the Bond is paid, provided that at the time the City makes its annual tax levies the City Finance Director may certify to the County Auditor of Ramsey County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 5.04. County Auditor’s Certificate as to Registration. The City Administrator is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Minnesota Statutes, Section 475.63. 5.05. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to KleinBank, Minneapolis, Minnesota on the closing date for further distribution as directed by the City’s municipal adviser, Ehlers & Associates, Inc. Section 6. Authentication of Transcript. 6.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 496797v1 JSB MU210-244 10 6.02. Certification as to Official Statement. The Mayor and City Administrator are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 7. Tax Covenant. 7.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds and the rebate of excess investment earnings to the United States (unless the City qualifies for any exemption from rebate requirements based on timely expenditure of proceeds of the Bonds, in accordance with the Code and applicable Treasury Regulations). 7.02. Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bond under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 7.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified tax- exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not “private activity bonds” as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2017 will not exceed $10,000,000; and 496797v1 JSB MU210-244 11 (d) not more than $10,000,000 of obligations issued by the City during calendar year 2017 have been designated for purposes of Section 265(b)(3) of the Code. 7.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 8. Book-Entry System; Limited Obligation of City. 8.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 2.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 8.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.,” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Registrar and Paying Agent. 8.03. Representation Letter The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment 496797v1 JSB MU210-244 12 of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 8.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. Section 9. Continuing Disclosure. 9.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 9.02. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and the City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 9.03. Limited Continuing Disclosure. In order to qualify the Bonds for limited continuing disclosure under paragraph (d)(2) of Securities and Exchange Commission Rules, Section 15c2-12 (the “SEC Rule”), the City makes the following factual statement and representation: as of the date of delivery of the Bonds, the City will not be an obligated person (as defined in paragraph (f) of the SEC Rule) with respect to more than $10,000,000 in aggregate amount of outstanding municipal securities, including the Bonds and excluding municipal securities that were exempt from the SEC Rule pursuant to paragraph (d)(1) thereof 496797v1 JSB MU210-244 13 Section 10. Defeasance. When all Bonds and all accrued interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. Adopted this 10th day of April, 2017. _________________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ James Ericson, City Administrator (SEAL) Extract of Minutes of Meeting of the City Council of the City of Mounds View, Ramsey County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mounds View, Minnesota, was duly held in the City Hall in said City on Monday, April 10, 2017, commencing at 7:00 P.M. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the issuance of the City’s $6,000,000 General Obligation Capital Improvement Plan Bonds, Series 2017A. The City Administrator presented a tabulation of the proposals that were received in the manner specified in the Terms of Proposal for the Bonds. The proposals are as set forth in Exhibit A attached. After due consideration of the proposal, Member ____________ then introduced the following resolution, and moved its adoption: 496797v1 JSB MU210-244 STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) SS. ) CITY OF MOUNDS VIEW ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Mounds View, Ramsey County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on April 10, 2017 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $6,000,000 General Obligation Capital Improvement Plan Bonds , Series 2017A of the City. WITNESS My hand as City Clerk this ____ day of _______________, 2017. City Administrator 496797v1 JSB MU210-244 A-1 EXHIBIT A PROPOSALS 496797v1 JSB MU210-244 B-1 EXHIBIT B FORM OF BOND No. R-__ $_______ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MOUNDS VIEW GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BOND, SERIES 2017A Rate Maturity Date Date of Original Issue CUSIP February 1, 20__ May 4, 2017 Registered Owner: Cede & Co. The City of Mounds View, Minnesota, a duly organized and existing municipal corporation in Ramsey County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above on the Maturity Date specified above, unless called for earlier redemption, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing February 1, 2018, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2026, and on any date thereafter to prepay Bonds due on or after February 1, 2027. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 496797v1 JSB MU210-244 B-2 The City Council has designated the Bonds as “qualified tax exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $6,000,000 all of like original issue date and tenor, except as to number, maturity date, interest rate, denomination and redemption privilege, all issued pursuant to a resolution adopted by the City Council on April 10, 2017 (the “Resolution”), for the purpose of providing money to defray the expenses incurred and to be incurred in making certain capital improvements, pursuant to and in full conformity with the Constitution, Charter of the City and laws of the State of Minnesota, including Minnesota Statutes, section 475.521, and the principal hereof and interest hereon are payable from ad valorem taxes as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in ad valorem taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution, Charter of the City and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. 496797v1 JSB MU210-244 B-3 IN WITNESS WHEREOF, the City of Mounds View, Ramsey County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF MOUNDS VIEW, MINNESOTA (Facsimile) (Facsimile) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By 496797v1 JSB MU210-244 B-4 ______________________________________ The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________ in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STEMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. 496797v1 JSB MU210-244 B-5 The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13-2555119 496797v1 JSB MU210-244 C-1 EXHIBIT C TAX LEVY SCHEDULE YEAR * TAX LEVY 2018 $ 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 * Year tax levy collected. 496797v1 JSB MU210-244 1 STATE OF MINNESOTA COUNTY AUDITOR’S CERTIFICATE AS TO COUNTY OF RAMSEY TAX LEVY AND REGISTRATION I, the undersigned County Auditor of Ramsey County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Mounds View, Minnesota, on April 10, 2017, levying taxes for the payment of its General Obligation Capital Improvement Plan Bonds, Series 2017A, dated May 4, 2017, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this _____ day of _________________, 2017. County Auditor Ramsey County, Minnesota (SEAL) Deputy 496797v2 JSB MU210-244 Extract of Minutes of Meeting of the City Council of the City of Mounds View, Ramsey County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mounds View, Minnesota, was duly held in the City Hall in said City on Monday, April 10, 2017, commencing at 7:00 P.M. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the issuance of the City’s $6,000,000 General Obligation Capital Improvement Plan Bonds, Series 2017A. The City Administrator presented a tabulation of the proposals that were received in the manner specified in the Terms of Proposal for the Bonds. The proposals are as set forth in Exhibit A attached. After due consideration of the proposal, Member ____________ then introduced the following resolution, and moved its adoption: 496797v2 JSB MU210-244 2 RESOLUTION 8745 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION AWARDING THE SALE OF $6,000,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2017A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Mounds View, Ramsey County, Minnesota (the “City”) as follows: Section 1. Background. 1.01. Statutory Authorization. The City is authorized by Minnesota Statutes, Chapter 475, including without limitation, Section 475.521 (the “Act”) to finance certain capital improvements under an approved capital improvement plan by the issuance of general obligation bonds of the City payable from ad valorem taxes. Capital improvements include acquisition or betterment of public lands, buildings or other improvements for the purpose of a city hall, library, public safety facility and public works facilities (excluding light rail transit or any activity related to it, or a park, road, bridge, administrative building other than a city hall, or land for any of those activities). 1.02. Capital Improvement Plan Authorizing Issuance of Bonds. On November 14, 2016 the City held a public hearing regarding a five year capital improvement plan (the “Plan”), and regarding issuance of bonds in the maximum principal amount of $7,500,000 to finance planned capital improvements, all in accordance with the Act. The Plan authorizes issuance of bonds to pay the cost of certain capital improvements identified in the capital improvement plan, including but not limited to the acquisition and construction of a public works facility (the “Improvements”). 1.03. No Petition for a Referendum Received. The City Council has determined that no petition for a referendum on issuance of bonds pursuant to the Plan was received by the City within 30 days after the hearing in accordance with the Act. 1.04. Estimated Total Cost of Capital Improvements. The City estimates that the total cost of the Improvements is approximately $6,000,000, including capitalized interest, costs of issuance and bond discount. 496797v2 JSB MU210-244 3 1.05. Determinations of the City in Compliance with the Act. As required by the Act, the City has determined that: (i) the expected useful life of the Improvements will be at least 5 years; and (ii) the amount of principal and interest due in any year on all outstanding bonds issued by the City under the Act, including the Bonds, will not exceed 0.16% of the taxable market value of property in the City for taxes payable in 2017. 1.06. Issuance of the Bonds. The City finds it is necessary and expedient to the sound financial management of the affairs of the City to issue its $6,000,000 General Obligation Capital Improvement Plan Bonds, Series 2017A (the “Bonds”) pursuant to the Act to provide financing for the Improvements. Section 2. Sale of Bonds. 2.01. Award to the Purchaser and Interest Rates. The City is authorized by Minnesota Statutes, Section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial advisor in connection with such sale. The actions of the City staff and the City’s financial advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. The proposal of FTN Financial Capital Markets (the “Purchaser”) to purchase the Bonds of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $6,075,850.24 for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2019 3.00% 2024 3.00% 2020 3.00 2025 3.00 2021 3.00 2037* 2.70 2022 3.00 2038 3.50 2023 3.00 *Term Bond 2.02. Purchase Contract. Any original issue premium and any rounding amount shall be credited to the Debt Service Fund hereinafter created, or deposited in the Construction Fund hereinafter created, as determined by the City Finance Director upon consultation with the City’s municipal advisor. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Administrator are authorized to execute a contract with the Purchaser on behalf of the City, if requested by the Purchaser. 2.03. Terms and Principal Amounts of Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act to the Purchaser in the total principal amount of $6,000,000. The Bonds will be originally dated the date of issuance in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1 upward, bearing interest as above set forth and maturing serially on February 1 in the years and amounts as follows: 496797v2 JSB MU210-244 4 Year Amount Year Amount 2019 $225,000 2024 $ 260,000 2020 235,000 2025 270,000 2021 240,000 2037* 3,885,000 2022 245,000 2038 385,000 2023 255,000 *Term Bond As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). 2.04. Optional Redemption. The City may elect on February 1, 2026, and on any day thereafter to prepay Bonds due on or after February 1, 2027. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 8 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 2.05. Term Bond; Mandatory Redemption. The Bond maturing on February 1, 2037 shall hereinafter be referred to collectively as the “Term Bond.” The principal amounts of the Term Bond subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bond credited against future mandatory sinking fund redemptions of such Term Bond in such order as the City shall determine. The Term Bond is subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: 496797v2 JSB MU210-244 5 February 1, 2037 Term B ond Sinking Fund Installment Date Principal Amount 2026 $280,000 2027 285,000 2028 295,000 2029 300,000 2030 310,000 2031 315,000 2032 325,000 2033 335,000 2034 345,000 2035 355,000 2036 365,000 2037* 375,000 ____________________ * Maturity Section 3. Registration and Payment. 3.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2018, to the registered owners of record thereof as of the close of business on the 15th day of the immediately preceding month, whether or not that day is a business day. 3.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of the Bonds and the registration of transfers and exchanges of the Bonds entitled to be registered, transferred or exchanged. 496797v2 JSB MU210-244 6 (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the 15th day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. The Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of the Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of any Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the 496797v2 JSB MU210-244 7 Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 3.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 3.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Finance Director and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 496797v2 JSB MU210-244 8 3.06. Temporary Bonds. The City may elect to deliver, in lieu of printed definitive Bonds, one or more typewritten temporary Bonds in substantially the form set forth in Exhibit B with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds, the temporary Bonds will be exchanged therefor and cancelled. Section 4. Form of Bond. 4.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form attached hereto as Exhibit B. 4.02. Approving Legal Opinion. The City Finance Director is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany the Bonds. Section 5. Payment; Security; Pledges and Covenants. 5.01. Debt Service Fund. (a) The Bonds are payable from the General Obligation Capital Improvement Plan Bonds, Series 2017A Debt Service Fund (the “Debt Service Fund”) hereby created, and the proceeds of the ad valorem taxes hereinafter levied are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of the taxes levied by this resolution, when collected. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 2.02; (iii) except as provided in (b), proceeds of general ad valorem taxes herein levied for the Bonds (the “Taxes”), which Taxes are pledged to the Debt Service Fund; (iv) all investment earnings on amounts in the Debt Service Fund; and (iv) any other funds appropriated for the payment of principal or interest on the Bonds. (b) Construction Fund. The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Taxes collected during the construction of the Improvements will be deposited in a separate construction fund (the “Construction Fund”) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvements. Any balance remaining in the Construction Fund after completion of the Improvements may be used to pay the cost in whole or in part of any other capital improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and subsequent collections of Taxes for the Improvements are to be deposited in the Debt Service Fund. 496797v2 JSB MU210-244 9 5.02. Pledge of Taxes. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, to be spread upon the tax rolls and collected with and as part of other general taxes of the City. The tax will be credited to the Debt Service Fund above provided and is in the years and amounts as follows (year stated being year of collection): Year Levy (See Exhibit C) 5.03. Certification to County Auditor as to Debt Service Fund Amount. It is determined that the estimated collection of the foregoing taxes, will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds. The tax levy herein provided will be irrepealable until the Bond is paid, provided that at the time the City makes its annual tax levies the City Finance Director may certify to the County Auditor of Ramsey County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 5.04. County Auditor’s Certificate as to Registration. The City Administrator is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Minnesota Statutes, Section 475.63. 5.05. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to KleinBank, Minneapolis, Minnesota on the closing date for further distribution as directed by the City’s municipal adviser, Ehlers & Associates, Inc. Section 6. Authentication of Transcript. 6.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 6.02. Certification as to Official Statement. The Mayor and City Administrator are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 496797v2 JSB MU210-244 10 Section 7. Tax Covenant. 7.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds and the rebate of excess investment earnings to the United States (unless the City qualifies for any exemption from rebate requirements based on timely expenditure of proceeds of the Bonds, in accordance with the Code and applicable Treasury Regulations). 7.02. Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bond under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 7.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified tax- exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not “private activity bonds” as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2017 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2017 have been designated for purposes of Section 265(b)(3) of the Code. 7.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. 496797v2 JSB MU210-244 11 Section 8. Book-Entry System; Limited Obligation of City. 8.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 2.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 8.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.,” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Registrar and Paying Agent. 8.03. Representation Letter The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 496797v2 JSB MU210-244 12 8.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. Section 9. Continuing Disclosure. 9.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 9.02. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and the City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 9.03. Limited Continuing Disclosure. In order to qualify the Bonds for limited continuing disclosure under paragraph (d)(2) of Securities and Exchange Commission Rules, Section 15c2-12 (the “SEC Rule”), the City makes the following factual statement and representation: as of the date of delivery of the Bonds, the City will not be an obligated person (as defined in paragraph (f) of the SEC Rule) with respect to more than $10,000,000 in aggregate amount of outstanding municipal securities, including the Bonds and excluding municipal securities that were exempt from the SEC Rule pursuant to paragraph (d)(1) thereof 496797v2 JSB MU210-244 13 Section 10. Defeasance. When all Bonds and all accrued interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. Adopted this 10th day of April, 2017. _________________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ James Ericson, City Administrator (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by Member _______, and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 496797v2 JSB MU210-244 STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) SS. ) CITY OF MOUNDS VIEW ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Mounds View, Ramsey County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on April 10, 2017 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $6,000,000 General Obligation Capital Improvement Plan Bonds , Series 2017A of the City. WITNESS My hand as City Clerk this ____ day of _______________, 2017. City Administrator 496797v2 JSB MU210-244 A-1 EXHIBIT A PROPOSALS 496797v2 JSB MU210-244 A-2 496797v2 JSB MU210-244 A-3 496797v2 JSB MU210-244 B-1 EXHIBIT B FORM OF BOND No. R-__ $_______ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MOUNDS VIEW GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BOND, SERIES 2017A Rate Maturity Date Date of Original Issue CUSIP February 1, 20__ May 4, 2017 Registered Owner: Cede & Co. The City of Mounds View, Minnesota, a duly organized and existing municipal corporation in Ramsey County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above on the Maturity Date specified above, unless called for earlier redemption, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing February 1, 2018, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2026, and on any date thereafter to prepay Bonds due on or after February 1, 2027. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 496797v2 JSB MU210-244 B-2 The Bond maturing on February 1, 2037 shall hereinafter be referred to collectively as the “Term Bond.” The principal amounts of the Term Bond subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bond credited against future mandatory sinking fund redemptions of such Term Bond in such order as the City shall determine. The Term Bond is subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: February 1, 2037 Term B ond Sinking Fund Installment Date Principal Amount 2026 $280,000 2027 285,000 2028 295,000 2029 300,000 2030 310,000 2031 315,000 2032 325,000 2033 335,000 2034 345,000 2035 355,000 2036 365,000 2037* 375,000 ____________________ * Maturity The City Council has designated the Bonds as “qualified tax exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $6,000,000 all of like original issue date and tenor, except as to number, maturity date, interest rate, denomination and redemption privilege, all issued pursuant to a resolution adopted by the City Council on April 10, 2017 (the “Resolution”), for the purpose of providing money to defray the expenses incurred and to be incurred in making certain capital improvements, pursuant to and in full conformity with the Constitution, Charter of the City and laws of the State of Minnesota, including Minnesota Statutes, section 475.521, and the principal hereof and interest hereon are payable from ad valorem taxes as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in ad valorem taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. 496797v2 JSB MU210-244 B-3 As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution, Charter of the City and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Mounds View, Ramsey County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF MOUNDS VIEW, MINNESOTA (Facsimile) (Facsimile) City Administrator Mayor 496797v2 JSB MU210-244 B-4 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By 496797v2 JSB MU210-244 B-5 ______________________________________ The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________ in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STEMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. 496797v2 JSB MU210-244 B-6 The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13-2555119 496797v2 JSB MU210-244 C-1 EXHIBIT C TAX LEVY SCHEDULE YEAR * TAX LEVY 2017 $132,597.76 2018 415,033.50 2019 418,446.00 2020 416,293.50 2021 413,983.50 2022 416,766.00 2023 413,983.50 2024 416,293.50 2025 418,288.50 2026 415,600.50 2027 418,020.75 2028 414,907.50 2029 416,902.50 2030 413,364.00 2031 414,933.75 2032 416,220.00 2033 417,222.75 2034 417,942.00 2035 418,377.75 2036 418,530.00 2037 418,398.75 * Year tax levy collected. 496797v2 JSB MU210-244 1 STATE OF MINNESOTA COUNTY AUDITOR’S CERTIFICATE AS TO COUNTY OF RAMSEY TAX LEVY AND REGISTRATION I, the undersigned County Auditor of Ramsey County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Mounds View, Minnesota, on April 10, 2017, levying taxes for the payment of its General Obligation Capital Improvement Plan Bonds, Series 2017A, dated May 4, 2017, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this _____ day of _________________, 2017. County Auditor Ramsey County, Minnesota (SEAL) Deputy Item No: 07C Meeting Date: April 10, 2017 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8742 Approving a Change of Council Meeting Start Times from 7:00 pm to 6:00 pm. Introduction: On January 23, 2017, the City Council adopted Ordinance 931 which amended the City Code to indicate that the City Council will establish meeting times by resolution. The ordinance is now effective thus a resolution can be brought forward for consideration. The issue was discussed again at the March 27, 2017, City Council meeting, at which time direction was provide to bring forth such a resolution. Discussion: The City Council has indicated support for shifting the start of meeting times to 6 pm rather than 7 pm. The intent of the proposal to move the meetings up an hour was to reduce personnel costs and get everyone home an hour earlier. A concern had been expressed that an earlier start time may be less convenient for residents to attend, although it isn’t often that residents are in attendance. Meetings are always available on cable replay as well as “on demand” via web streaming, so residents are able to stay up to date on what’s happening in the City at their leisure. Another concern was expressed with how EDA start times would be handled. The proposed response would be to move the EDA meetings AFTER the Council meetings since the EDA meets rather infrequently anyway. Another approach which may make sense, especially if there are issues of a similar nature on both the Council and EDA agendas, would be to recess the Council at a specific point in the meeting, call the EDA meeting to order, take action, then recess or adjourn the EDA meeting, and reconvene the Council meeting. Sounds cumbersome but it can help the Council / EDA to operate more efficiently since the Council wears both hats. Recommendation: Resolution 8742 has been prepared and is available for City Council action to change the meeting times of Council meetings from 7 pm to 6 pm, effective May 1, 2017, through the end of the year. Meeting times in future years would be addressed in the same resolution used to approve the City Council meeting calendar. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 8742 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CHANGING THE STARTING TIME OF CITY COUNCIL MEETINGS FROM 7:00 PM TO 6:00 PM WHEREAS, On January 23, 2017, the City Council adopted Ordinance 931 which amended the City Code to indicate that the City Council will establish meeting times by resolution; and, WHEREAS, at multiple meetings preceding and following the approval of Ordinance 931, the City Council has expressed a desire to start Council meetings one hour earlier. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does hereby approve an earlier start time for City Council meetings, from 7:00 pm to 6:00 pm, beginning May 1, 2017. Adopted this 10th day of April, 2017 _____________________________________ Carol A. Mueller, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07D Meeting Date: April 10, 2017 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Introduction and First Reading of Ordinance 932, an Ordinance Amending Chapter 502 of the Mounds View City Code Relating to Hours of Operation for Off-Sale Licensed Establishments Introduction: The Governor has signed into law legislation allowing off-sale liquor sales on Sundays, beginning effectively July 2, 2017. The Council has discussed changing the Code to allow for Sunday sales and expanded sales Mondays through Thursdays. The Council asked staff to invite the three off-sale licensees to provide input or attend the April work session. Discussion: Staff reached out to the three off-sale licensees and invited all three to attend the April 3, 2017, work session. Only Merwin Liquors, represented by Stuart Tapper, attended the meeting. Greg Waste from Vino & Stogies indicated that they’d probably be unable to attend but were not opposed to the proposed changes. Mr. Tapper indicated that the proposed changes would be beneficial to MN liquor stores as many Minnesota residents drive over the border into other states on Sundays. Concerning the expansion of hours to 10:00 pm Mondays through Thursdays, Mr. Tapper indicated this would be a benefit to Mounds View stores as well as a convenience to Mounds View residents, who are forced to drive to Fridley, Spring Lake Park or Blaine to purchase alcohol after 8 pm on those days. It was noted that the expanded hours and ability to sell on Sundays were permissive, not mandatory. A liquor store may open later or close earlier than what is allowed in Code. Recommendation: Staff recommends the City Council approve the first reading and introduction of Ordinance 932, an ordinance amending Section 502.12 of the Mounds View City Code to allow off- sale licensees to stay open until 10 pm Mondays through Thursdays and to be open from 11 am to 6 pm on Sundays. The second reading and adoption will occur on April 24, 2017. Respectfully submitted, ________________________ James Ericson City Administrator ORDINANCE NO. 932 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 502 OF THE MOUNDS VIEW CITY CODE RELATING TO HOURS AND DAYS OF SALES OF INTOXICATING LIQUORS The City of Mounds View Ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 502, Section 5012.12, of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 502.12: HOURS AND DAYS OF SALES: Subd. 1. General Restrictions: No sale of intoxicating liquor for consumption on the licensed premises shall be made between the hours of two o’clock (2:00) A.M. and eight o’clock (8:00) A.M. on the days of Monday through Saturday. No sale of intoxicating liquor shall be made by an off-sale licensee before eight o’clock (8:00) A.M. or after ten eight o’clock (10 8:00) P.M. on the days of Monday through any day except Saturday, and before eleven o’clock (11:00) A.M. or after six o’clock (6:00) P.M. on Sundays. on which days sales may be made until ten o’clock (10:00) P.M. No sale of intoxicating liquor shall be made by an off-sale licensee on Sundays. No off-sale of intoxicating liquor shall be made on Thanksgiving Day, Christmas Day or after eight o’clock (8:00) P.M. on December 24th. Subd. 2. Sunday Sales: Notwithstanding the provisions of subdivision 1 of this Section, restaurants, clubs, bowling centers and hotels with seating capacities for at least thirty (30) persons and which hold an on-sale intoxicating liquor license may serve intoxicating liquor between the hours of ten o’clock (10:00) A.M. and two o’clock (2:00) A.M. on Sundays in conjunction with the sale of food upon obtaining a Sunday Sales license from the City. Subd. 3. No delivery of alcohol to an off-sale licensee may be made by a wholesaler or accepted by an off-sale licensee on a Sunday. No order solicitation or merchandising may be made by a wholesaler on a Sunday. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On April 24, 2017, the Mounds View City Council adopted Ordinance 932 which amends Chapter 502 of the Mounds View City Code to allow for the sale of intoxicating liquors by an off-sale licensee on Sundays, and extending the hours of permitted sales on Mondays through Thursdays from 8 pm to 10 pm, consistent with MN Statutes. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. Ordinance 932 Page 2 SECTION 3. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter, except as follows: the effective date for allowance of Sunday Sales by an off-sale licensee shall be July 2, 2017. Introduction and First Reading by the Mounds View City Council on April 10, 2017. Second Reading and Adoption by the Mounds View City Council on April 24, 2017. Publication Date: May 5, 2017 _____________________________ Carol A. Mueller, Mayor Attest: ______________________________ James Ericson, City Administrator (seal) Item No: 07E Meeting Date: April 10, 2017 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Brian Erickson, Public Works Director Item Title/Subject: Resolution 8741, Accepting Bids Received by the City of Coon Rapids Joint Powers Agreement for 2017 Seal Coating of Area D Background: The City is about to finish the process of reconstructing the twenty six (26) miles of City-owned streets as part of the Streets and Utilities Improvement Program (Program). The City established a pavement maintenance plan for these streets and Area D is scheduled for a bituminous seal coat in 2017. Area D plus Bronson Avenue between Edgewood Drive and Raymond Avenue, and County Road H2 between Program Avenue and Mounds View Boulevard will be seal coated. This area contains approximately 3.0 miles of streets. Area D was reconstructed in 2011, and other than crack filling, there has been no major maintenance work performed since their construction took place. To ensure the longevity and performance of these roads, a bituminous seal coat is recommended. Discussion: The City entered into a Joint Powers Agreement (JPA) with the City of Coon Rapids on February 13, 2017 (Resolution 8704) to provide routine street maintenance such as traffic marking, street sweeping, crack sealing, and seal coating. The City of Coon Rapids prepared plans, specifications, and bid documents using the combined quantities of the all the members of the JPA for the 2017 Seal Coat Project and a public bid solicitation was executed to obtain pricing. The Mounds View quantity for 2017 is 60,012 square yards (syd). On March 17, 2017, Coon Rapids opened bids from three qualified seal coating contractors with the lowest bid being submitted by Pearson Bros., Inc. of Hanover, Minnesota. The bids are as follows: Rank Contractor Total Bid (Mounds View only) Low Pearson Bros., Inc. $76.120.36 1 Allied Blacktop Company $79,576.84 2 Asphalt Surface Technologies Corp. $84,210.24 The bid is a unit price bid meaning payment will be made based on measured quantities. The costs provided to the JPA ($1.27/syd) are comparable to bids received in 2015 for seal coating of Areas A through C ($1.26/syd). The 2017 budget includes funding of $150,000 to perform the proposed seal coat work in the Street Improvement Fund (485-4470-7050). As part of the JPA with Coon Rapids, Mounds View has a 30-day ‘opt-out’ period during which Mounds View can completely opt out of the contract, in addition to adjusting the planned quantities. Prior to the expiration of this 30-day period (April 15, 2017), Mounds View needs to provide either a concurrence or an opt-out notification to Coon Rapids. Coon Rapids expects to award the contract at their April 18, 2017 Council Meeting. Once the contractor begins work, Mounds View will inspect and approve the work and all the invoices will come to Mounds View. In addition, the construction cost the JPA includes an administrative fee to be paid to Coon Rapids no later than 90 days after the contract award. This administrative fee is based on a sliding scale, and the following table calculates the fee that will be required as part of this contract as well as the total project cost. The administrative fee covers advertising, specification preparation, legal review and other overhead costs that City of Mounds View staff would be required to complete if the city went out for bids independently. This administrative fee adds approximately $0.02/syd to the cost of the project. Recommendation: Public Works recommends that the City Council approve the attached resolution and concur with the award of the contract to Pearson Bros., Inc. Additionally, staff further recommends a 10% contingency of $7,600 for quantity over-runs or additional work resulting from unknowns discovered during construction. Finally, Council should authorize the Administrative Cost in the amount of $1,391.81 for a construction budget not to exceed $85,112.17. Respectfully submitted, Brian L. Erickson – Public Works Director/City Engineer Construction Cost Admin Cost (Percentage) Admin Cost (Low Bid) $0 - $50,000 2.00%1,000.00$ $50,001 - $100,000 1.50%391.81$ Over $100,000 1.00%-$ Total Admin Cost 1,391.81$ Construction Cost 76,120.36$ Contingency Cost (10%)7,600.00$ TOTAL PROJECT COST 85,112.17$ Project Cost (Based on Low Bid) RESOLUTION 8741 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ACCEPTING BIDS RECEIVED BY THE CITY OF COON RAPIDS JOINT POWERS AGREEMENT FOR 2017 SEAL COATING OF AREA D WHEREAS, the City has a pavement management program that includes city streets, trails, and parking lots; and, WHEREAS, project area D is due for routine maintenance which would entail a bituminous seal coat for 2017; and, WHEREAS, the City entered into a Joint Powers Agreement (JPA) with the City of Coon Rapids on February 13, 2017 (Resolution 8704) to provide routine street maintenance such as traffic marking, street sweeping, crack sealing, and seal coating; and, WHEREAS, the City of Coon Rapids prepared plans, specifications, and bid documents using combined quantities of the all the members of the JPA for the 2017 Seal Coat Project and a public bid solicitation was executed to obtain pricing; and, WHEREAS, Pearson Bros., Inc. of Hanover, Minnesota submitted the lowest bid of $76,120.36; and, WHEREAS, City staff recommends accepting the bids received by the JPA and concurring with the City of Coon Rapids to enter into a contract with Pearson Bros., Inc.; and, WHEREAS, the JPA provides for an Administrative Fee to be paid to the City Coon Rapids based on the construction cost; and, WHEREAS, the Administrative Fee is calculated to be $1,391.81. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The bid proposal for $76,120.36 submitted by Pearson Bros., Inc. of Hanover, Minnesota for the 2017 Seal Coat Project (City Project No. 2017-C09) is hereby approved. 2. The City Council concurs with the City of Coon Rapids to enter into a contract with Pearson Bros., Inc. for said project at said price. 3. The City Council accepts the Administrative Fee in the amount of $1,391.81. 4. The Mayor and City Administrator are hereby authorized and directed to execute all appropriate documents to effectuate the actions contemplated by this Resolution. 5. Funding for the Project shall be funded by the Street Improvement Fund (485-4470-7050) in an amount not to exceed $85,112.17, which includes a 10% construction contingency of $7,600 for minor work associated with project unknowns, and quantity over-runs and $1,391.81 for the Administrative Fee. Adopted this 10th day of April, 2017 ____________________________________ Carol A. Mueller, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 08A Meeting Date: April 10, 2017 Type of Business: Consent Agenda City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8743, Authorizing the Mounds View Police Foundation to Use the Name of the Mounds View Police Department When Soliciting Donations for Use in Supporting the City of Mounds View and the Mounds View Police Department Introduction: The City of Mounds View and the Mounds View Police Department are committed to community outreach, education, and involvement. Recently, a group of concerned citizens formed the Mounds View Police Foundation, a non-profit, tax-exempt corporation to solicit funding for said community outreach, education, and involvement. The citizens desire to use the name Mounds View Police Department and/or the City of Mounds View when soliciting donations for this purpose. Discussion: As a local 501(c) 3, the Mounds View Police Foundation exists to support the Mounds View Police Department through programs that create community partnerships which fund and support safety initiatives, community outreach programs, expand the use of technology in deterring and solving crime, and improve the readiness of our police department. The Foundation is committed to providing volunteers as well as funding to make existing outreach projects better and further develop a wonderful officer/citizen relationship in the community. Mounds View Officers will not be utilized either on or in uniform to solicit funds for the Foundation. To be able to reference the City of Mounds View or the Mounds View Police Department, the City Council must first approve a resolution consenting to this usage. Recommendation: Staff recommends the City Council approve Resolution 8743, a resolution authorizing the Mounds View Police Foundation to use the name of the Mounds View Police Department when soliciting donations for use in supporting the City of Mounds View and the Mounds View Police Department. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 8743 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE MOUNDS VIEW POLICE FOUNDATION TO USE THE NAME OF THE MOUNDS VIEW POLICE DEPARTMENT WHEN SOLICITING DONATIONS FOR USE IN SUPPORTING THE CITY OF MOUNDS VIEW AND THE MOUNDS VIEW POLICE DEPARTMENT WHEREAS, the City of Mounds View and the Mounds View Police Department are committed to community outreach, education, and involvement; and, WHEREAS, a group of concerned citizens formed the Mounds View Police Foundation, a non-profit, tax-exempt corporation to solicit funding for said community outreach, education, and involvement; and, WHEREAS, the citizens desire to use the name Mounds View Police Department and/or the City of Mounds View when soliciting donations for this purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: Section 1: That the Mounds View Police Foundation is hereby permitted to use the phrases “Mounds View Police Department” and “City of Mounds View” when soliciting charitable donations for the purposes of community outreach, education, and involvement. Section 2: That the Mounds View Police Foundation may not use on-duty or uniformed Mounds View Police Officers to solicit such donations. Section 3: That any charitable donations solicited by the Mounds View Police Foundation may not be used to supplement the salaries of Mounds View Police Officers or Mounds View City employees. Adopted this 10th day of April, 2017 _____________________________________ Carol A. Mueller, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 08B Meeting Date: April 10, 2017 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8744, Authorizing the Dissolution of the Fire Training Association Joint Powers Agreement (JPA) Introduction: In 1991, the cities of Fridley, Brooklyn Center, Spring Lake Park, Blaine and Mounds View entered into a joint powers agreement (JPA) to form a Fire Training Association. The purpose of this JPA was to jointly construct, use and maintain a fire training facility. The facility is currently located on the former Columbia Arena site in Fridley. Discussion: As the Council may be aware, the former Columbia Arena site in Fridley is being redeveloped and the facility’s location on that site conflicts with that redevelopment. Instead of relocating the fire training facility, the member departments (SBM, Brooklyn Center and Fridley Fire Departments) have decided that there is no longer a need for the fire training facility and that the JPA and the lease agreement for the fire training facility should be terminated. SBM has, under direction of legal counsel, secured insurance that will cover any liability for the Association until the buildings have been removed and the assets distributed as outlined in the JPA. The attached resolution authorizes dissolution of the JPA and termination of the lease and authorizes the Mayor and Administrator to sign any documents associated with the JPA dissolution and lease termination. Recommendation: Staff recommends approval of Resolution 8744, a resolution authorizing the dissolution of the Fire Training Association Joint Powers Agreement. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION NO. 8744 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF JOINT POWERS AUTHORITY DISSOLUTION AGREEMENT AND LEASE TERMINATION RELATING TO FIRE TRAINING FACILITY ASSOCIATION WHEREAS, pursuant to the authority set forth in Minn. Stat. § 471.59, the City of Fridley (the “City”) and Spring Lake Park, Blaine, Mounds View, and Brooklyn Center (collectively the “Cities”) entered into a Joint Powers Agreement in 1991 entitled Joint Powers Agreement – Fire Training Association (the “JPA”) for the construction and operation of the Fire Training Association (the “Association”), a joint powers entity under Minnesota law; and WHEREAS, the Association originally consisted of four Member Departments with Spring Lake Park, Blaine, and Mounds View collectively considered one Member Department (“SBM”) and Fridley, Columbia Heights, and Brooklyn Center individually comprising the other three Member Departments; and WHEREAS, at the time they entered into the JPA, the City and the Cities determined that it was to their mutual advantage to form a single joint powers entity under Minnesota Statutes Section 471.59, to jointly and collectively construct, use, and maintain a fire training facility; and WHEREAS, the fire training facility, comprised of several structures, improvements and fixtures, and alternatively referred to as the fire training center or the building (collectively, the “Facility”) was constructed on real property owned by Fridley located at 348 71st Avenue NE, Fridley, Minnesota or alternatively identified as 300 71st Avenue, Fridley, Minnesota (the “Property”); and WHEREAS, the Cities amended the JPA in 1994 with the execution of the Amendment Of Joint Powers Agreement For Construction And Operation Of Fire Training Site (the “Amendment”), which terminated the participation of one Member Department, Columbia Heights, from the JPA; and WHEREAS, following the construction of the Facility, the City and the Association entered into a twenty-five year lease, the Fire Training Center Lease Agreement (the “Lease”) for its rental in 1997; and WHEREAS, the Property is now being redeveloped as a part of the City’s construction of the new City Hall Campus, the Facility’s location conflicts with those redevelopment plans, and the Member Departments, including the City, have determined that there is no longer a need for the JPA; and Resolution 8744 Page 2 WHEREAS, based upon the foregoing circumstances, the City and the Cities and their respective Member Departments desire to terminate the Lease and to dissolve and terminate the Fire Training Association JPA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View: 1. The City Council hereby approves the Termination of the Fire Training Center Lease Agreement relating to the Property and authorizes the SBM Fire Chief to execute the same on its behalf. 2. The City Council hereby approves the dissolution of the Fire Training Association and its JPA and authorizes the Mayor and City Administrator to execute the Dissolution Agreement related to the same. Adopted this 10th day of April, 2017. _______________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ James Ericson, City Administrator (seal) DISSOLUTION AGREEMENT This Dissolution Agreement (the “Agreement”), is entered into by and between the City of Fridley (“Fridley”), the City of Brooklyn Center (“Brooklyn Center”), the City of Spring Lake Park (“Spring Lake Park”), the City of Blaine (“Blaine”), and the City of Mounds View (“Mounds View”), all Minnesota municipal corporations, hereinafter collectively referred to as the “Cities”, and Spring Lake Park Fire Department Incorporated, a Minnesota non-profit corporation. RECITALS WHEREAS, pursuant to the authority set forth in Minn. Stat. § 471.59, the Cities entered into a Joint Powers Agreement in 1991 entitled Joint Powers Agreement – Fire Training Association (the “JPA”), a copy of which is attached hereto, as Exhibit A, for the construction and operation of the Fire Training Association (the “Association”); and WHEREAS, the Association originally consisted of four Member Departments with Spring Lake Park, Blaine, and Mounds View collectively considered one Member Department (“SBM”) and Fridley, Columbia Heights, and Brooklyn Center individually comprising the other three Member Departments; and WHEREAS, at the time they entered into the JPA, the Cities determined that it was to their mutual advantage to form a single joint powers entity under Minnesota Statutes Section 471.59, to jointly and collectively construct, use, and maintain a fire training facility; and WHEREAS, the fire training facility, comprised of several structures, improvements and fixtures, and alternatively referred to as the fire training center or the building (collectively, the “Facility”) was constructed on real property owned by Fridley located at 348 71st Avenue NE, Fridley, Minnesota or alternatively identified as 300 71st Avenue, Fridley, Minnesota (the “Property”); and WHEREAS, the Cities amended the JPA in 1994 with the execution of the Amendment Of Joint Powers Agreement For Construction And Operation Of Fire Training Site (the “Amendment”), a copy of which is attached hereto as Exhibit B, which terminated the participation of one Member Department, Columbia Heights, from the JPA; and WHEREAS, the Property is being redeveloped, the Facility’s location conflicts with those development plans, and the Member Departments have determined that there is no longer a need for the JPA; and WHEREAS, based upon the foregoing circumstances, Cities and their respective Member Departments desire to dissolve and terminate the JPA. Dissolution Agreement Page 2 NOW, THEREFORE, the Cities and their respective Member Departments agree as follows: 1. The Association shall divide all assets and liabilities, if any, among the remaining Member Departments in proportion to the contribution of the remaining Member Departments, as provided in Paragraph 17 of the JPA. 2. To dissolve the JPA and terminate the Chief’s Board and Operations Committee created by and through the JPA upon the completion of division and distribution of all assets and the liabilities other than the Facility and the Property. 3. The Facility and Property shall revert back to Fridley, upon dissolution, as provided in Paragraphs 16 and 17 of the JPA. 4. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 5. The effective date of this Agreement shall be the date upon which the last of the Cities has caused this Agreement to be executed pursuant to an authorizing resolution of its governing body. [The remainder of this page is intentionally left blank.] CITY OF MOUNDS VIEW ___________________________ ___________________________ Mayor Carol A. Mueller Date ___________________________ ___________________________ City Administrator Jim Ericson Date TERMINATION OF THE FIRE TRAINING CENTER LEASE AGREEMENT This Termination of the Fire Training Center Lease Agreement (the “Termination”), is entered into by and between the City of Fridley (“Fridley”), a Minnesota municipal corporation, and the Fire Training Association, a Minnesota joint powers entity (the “Association”), hereinafter collectively referred to as “the Parties”. RECITALS WHEREAS, pursuant to the authority set forth in Minn. Stat. § 471.59 as well as the 1991 Joints Powers Agreement – Fire Training Association (the “JPA”) and the 1994 Amendment of Joint Powers Agreement for Construction and Operation Of Fire Training Site (the “Amendment”), Fridley and other municipal fire departments created the Association with the purpose of constructing and operating a fire training facility, alternatively referred to as a fire training center or the building, comprised of several structures, improvements and fixtures (collectively, the “Facility”) for firefighter training purposes; and WHEREAS, following the creation of the Association, Fridley and the Association entered into a twenty-five year lease agreement entitled Fire Training Center Lease Agreement (the “Agreement”) on June 9, 1997, a copy of which is attached hereto as Exhibit A; and WHEREAS, Minn. Stat. § 471.59, the JPA, the Amendment and the Agreement authorized the Association’s Member Departments and other entities to use the Facility located at 300 71st Avenue, Fridley, Minnesota or alternatively described as 348 71st Avenue NE, Fridley, Minnesota (the “Property”); and WHEREAS, the Property is being redeveloped and the location of the Facility interferes with the redevelopment of the Property. NOW, THEREFORE, the Parties agree as follows: 1. To terminate the Agreement. 2. Notwithstanding this Termination, the Association affirms its indemnification obligation pursuant to Paragraph 1 of the Agreement and that the Association’s indemnification obligation shall survive this Termination. 3. Pursuant to Paragraph 3 of the Agreement and Paragraphs 16 and 17 of the JPA, upon the effective date of this Termination, ownership of the Facility and Property reverts to and thereafter belong to Fridley. Termination of the Fire Training Center Lease Agreement Page 2 4. This Termination may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 5. The effective date of this Termination shall be the date upon which the last of the Parties has caused this Termination to be executed pursuant to an authorizing resolution of its governing body. [The remainder of this page is intentionally left blank] CITY OF FRIDLEY ___________________________ ___________________________ Scott Lund Date Mayor ___________________________ ___________________________ Walter Wysopal Date City Manager FIRE TRAINING ASSOCIATION CITY OF BROOKLYN CENTER ______________________ Chief Jeremy Hulke Date City of Brooklyn Center FIRE TRAINING ASSOCIATION SPRING LAKE PARK FIRE DEPARTMENT INCORPORATED ______________________ Chief Charlie V. Smith IV Date Spring Lake Park Fire Department Incorporated FIRE TRAINING ASSOCIATION CITY OF FRIDLEY ______________________ Chief John Berg Date City of Fridley 2017 Sanitary Sewer Rehabilitation Areas Priority Ranking 2017 Storm Sewer Rehabilitation Area Priority Ranking Item No: 8C Meeting Date: April 10, 2017 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Brian L. Erickson, Public Works Director/City Engineer Michael L. Richie, Public Works Project Coordinator Item Title/Subject: Resolution 8740, Approving Bidding Documents and Authorizing Advertisement for Bids for 2017 Sewer Rehabilitation Project Background/Discussion: The municipal sanitary sewer system is composed of approximately 45 miles of trunk sewer, 900 manholes, and 2 lift stations. The sanitary trunk sewer was largely constructed in the 1960’s and early 1970’s using (predominately) clay pipe. The use of clay pipe during this time was the industry standard, but more watertight pipe products (PVC) have been developed and replaced clay pipe to become the new industry standard the last few decades. Unfortunately, the leaky clay pipe incurs unnecessary Met Council treatment costs due to infiltration of ground water into the trunk sewer. In general, one gallon per minute of ground water entering the system equates to $1,000 of Met Council treatment costs annually. Public Works has an inspection and maintenance program for the municipal sanitary sewer system. This program includes inspecting the trunk sewer by televising and evaluating the condition of the pipe. Defects are logged while performing inspections, including cracks in the pipe and leaking joints. Repair and remediation of these deficiencies are incorporated into the street and utility improvement projects as much as possible. However, there are trunk sewers not located in these project areas, and conditions of trunk sewers in project areas can change over time. A priority list that ranks the segments of pipe needing repair or remediation is maintained by Public Works. A map of the 2017 sanitary sewer rehabilitation priorities is attached. The municipal storm sewer system is composed of approximately 30 miles of trunk sewer, 1,500 storm drains/manholes, 300 infiltration basins, and 10 regional ponds. The storm trunk sewer was largely constructed in the 1960’s and early 1970’s using (predominately) reinforced concrete pipe. The Public Works Department inspects the storm sewer by televising on an as-needed basis when problems (i.e. excessive settlement of a manhole structure) are observed. Over the past several months, the manhole structure on Edgewood Drive, in front of City Hall, has been observed to have excessive settlement. On March 15, 2017, Public Works Staff televised the storm sewer pipes leading into this manhole structure and observed that the rubber gaskets between the sections of pipe were missing, leading to excessive sand infiltration into the storm sewer in this area. The area of storm sewer to be rehabilitated is shown on the attached Figure. Cured-In-Place Pipe (CIPP) is a trenchless rehabilitation method used to fix pipes that are in good condition, but have leaky joints, without the need to dig up the streets, and replace the pipe. CIPP is a jointless, seamless, “pipe-within-a-pipe” that essentially places a hard liner inside the existing pipe. CIPP lining is considerably less expensive than trenching and replacing pipe, and there is no “inconvenience cost” compared to trenching methods. This is the method that will be used to rehabilitate the sanitary and storm sewers. The Engineering Division of Public Works has prepared plans and specifications (bid documents) in house for use in obtaining public bids for the sanitary and storm sewer rehabilitation project. A public bid is required since the estimated construction cost exceeds $100,000. The 2017 budget includes $150,000 in the sanitary sewer enterprise fund and $25,000 in the storm sewer enterprise fund for this work. Recommendation: Public Works recommends that the City Council adopt the attached resolution. If adopted, the project will be advertised and bid in accordance with state statutes and a bid opening will be scheduled for Thursday, May 11, 2017 at 2:00p.m. After bid opening staff will return to Council for awarding the project (tentatively scheduled for May 22, 2017) before any construction can begin. Respectfully submitted, Brian L. Erickson – Public Works Director/City Engineer RESOLUTION 8740 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING BIDDING DOCUMENTS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR 2017 SEWER REHABILITATION PROJECT WHEREAS, the municipal sanitary sewer system contains approximately 45 miles of trunk sanitary and 30 miles of trunk storm sewer that was predominately constructed during the 1960’s and early 1970’s using various materials; and WHEREAS, the Public Works Department has an inspection and maintenance program that prioritizes sanitary sewer pipe segments as candidates for rehabilitation; and WHEREAS, the Public Works Department inspects storm sewer pipe segments on an as-needed basis and has inspected several sections on Edgewood Drive in front of City Hall because of excessive settlement of the manhole structure; and WHEREAS, Public Works has prepared bidding documents in-house for public bidding to rehabilitate the sanitary sewer and storm sewer piping. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The bidding documents prepared by Public Works for construction of the 2017 Sewer Rehabilitation Project (City Project No. 2017-C08) are hereby approved. 2. City staff is hereby directed to cause to be published in the Sun-Focus newspaper and the online bid management system Quest Construction Data Network, at least 10 days before the last day to submit bids, a notice to bidders for the implementation of said project as required by law. 3. The time and date for receipt of public bids for said project is hereby established as 2:00 p.m., Thursday, May 11, 2017, at which time they will be publicly opened and read aloud in the Council Chambers of the Mounds View City Hall. 4. The Director of Public Works is authorized to make approvals related to any amendments to Bidding Documents, including changes in the time and date bids are due, on behalf of the City. 5. The Mayor and City Administrator are hereby authorized and directed to execute all appropriate documents to effectuate the actions contemplated by this Resolution. 6. The Mayor and City Administrator and staff are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this resolution. Adopted this 10th day of April, 2017. ____________________________________ Carol A. Mueller, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 08D Meeting Date: April 10, 2017 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8746, Approving a Revision to the City’s Policy in Support of Artistic Organizations Introduction: In 2003, the City Council adopted a policy in support of artistic organizations, consistent with MN Statutes 471.941 (see attached Policy.) Over the years, the Policy has been used to support the Mounds View Community Theatre (MVCT) through its use of our copy machine. Discussion: In the years subsequent to Policy adoption, MVCT has requested and the City Council has approved the use of the copy machine, as long as MVCT uses its own paper and the copies are in black & white. Their use has been without incident or inconvenience, and the MVCT again seeks Council support for similar usage in 2017. Given the long history with the organization, staff is proposing an amendment to the Policy to allow for administrative authorizations after an initial Council resolution of approval. This can be done by adding a new clause, Section 2.3, which could read as follows: 2.3 The City Council may delegate to the City Administrator the ability to administratively re-approve such requests which had been previously approved by City Council resolution. Recommendation: Staff recommends City Council approval of Resolution 8746, a resolution revising the City of Mounds View Policy in Support of Artistic Organizations. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION NO. 8746 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN AMENDMENT TO THE CITY’S POLICY IN SUPPORT OF ARTISTIC ORGANIZATIONS WHEREAS, in 2003, the City Council adopted the Policy for the Support of Artistic Organizations (the “Policy”), consistent with MN Statutes 471.941; and, WHEREAS, subsequent to Policy adoption, the City has supported the Mounds View Community Theatre (MVCT) by permitting the organization’s use of the City’s copy machine, without incident or inconvenience; and, WHEREAS, in recognition of the years of ongoing support to MVCT, the City Council has determined that an amendment to the City’s Policy to permit administrative approvals under certain conditions. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does hereby approve an amendment to the Policy for the Support of Artistic Organizations by adding the following language: 2.3 The City Council may delegate to the City Administrator the ability to administratively re-approve such requests which had been previously approved by City Council resolution. Adopted this 10th day of April, 2017. _______________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ James Ericson, City Administrator (seal) PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 March 13, 2017 6 Mounds View City Hall 7 2401 Mounds View Blvd, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Gunn, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, March 13, 2017, City Council Agenda. 21 22 City Administrator Ericson requested Item 8C be removed from the agenda. 23 24 MOTION/SECOND: Gunn/Hull. To Approve the Monday, March 13, 2017, agenda as 25 amended. 26 27 Ayes – 4 Nays – 0 Motion carried. 28 29 5. PUBLIC INPUT 30 31 None. 32 33 6. SPECIAL ORDER OF BUSINESS 34 A. Arbor Day and Earth Day Proclamation 35 36 Mayor Mueller read a proclamation in full for the record declaring Friday, April 28th to be Arbor 37 Day and Saturday, April 22nd to be Earth Day in the City of Mounds View. 38 39 Council Member Gunn encouraged residents to consider purchasing a tree for a City park 40 through the Ramsey County Friends of the Park tree sale. 41 42 B. Resolution 8730, Canvassing the 2017 Special Election. 43 44 Mounds View City Council March 13, 2017 Regular Meeting Page 2 Assistant City Administrator Crane requested the Council adopt a resolution canvassing the 2017 1 Special Election, which was held on Tuesday, March 7th. Staff reviewed the results and noted 2 William Bergeron would be sworn in on Monday, March 27th. 3 4 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8730, 5 Canvassing the 2017 Special Election. 6 7 Ayes – 4 Nays – 0 Motion carried. 8 9 The Council offered Council Member Elect William Bergeron a round of applause. 10 11 Council Member Elect William Bergeron, 7729 Woodlawn Drive, thanked everyone who came 12 out and voted at the Special Election. He looked forward to serving as a Council Member in the 13 City of Mounds View. 14 15 7. COUNCIL BUSINESS 16 A. Resolution 8719, Accepting the Bids and Awarding the Contract for the 17 Construction of the Public Works Facility. 18 19 Public Works Director Erickson requested the Council accept the bids and award the contract for 20 the construction of the Public Works Facility. He reviewed the history of this project and noted 21 bids were opened on February 21st. He explained the low bidder was Ebert Construction. Staff 22 provided further comment on the proposed bid along with the alternatives and recommended a 23 6% contingency be included in the contract. 24 25 Council Member Meehlhause asked why there was such a discrepancy for Alternate #1 bid. 26 Public Works Director Erickson stated he was uncertain why these numbers varied so much 27 between bidders. 28 29 Council Member Meehlhause questioned where the storage containers would be located. Public 30 Works Director Erickson explained the storage containers would be placed outside of the water 31 treatment plant. 32 33 Council Member Meehlhause inquired where the SCADA system would be relocated. Public 34 Works Director Erickson indicated this would be placed in the water treatment plant as well. 35 36 Mayor Mueller thanked staff for the thorough staff report. She was pleased that the bids came in 37 $700,000 lower than was estimated by the City Engineer. 38 39 MOTION/SECOND: Hull/Gunn. To Waive the Reading and Adopt Resolution 8719, Accepting 40 the Bids and Awarding the Contract for the Construction of the Public Works Facility. 41 42 Council Member Meehlhause questioned when the Public Works Facility project would begin. 43 Public Works Director Erickson anticipated work would begin mid-April after road restrictions 44 have been lifted. 45 Mounds View City Council March 13, 2017 Regular Meeting Page 3 1 Mayor Mueller requested the Public Works Facility plans be posted at City Hall for the public to 2 review at the upcoming Town Hall meeting. 3 4 Ayes – 4 Nays – 0 Motion carried. 5 6 B. Resolution 8727, Accepting a Donation from Bethlehem Baptist Church and 7 Authorizing Distribution of Funds. 8 9 City Administrator Ericson requested the Council accept a donation from Bethlehem Baptist 10 Church and authorize the distribution of these funds. He noted the City received a check from 11 Bethlehem Baptist in the amount of $16,170.50. Staff described how the dollars would be spent 12 and recommended Council approval. 13 14 MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 8727, 15 Accepting a Donation from Bethlehem Baptist Church and Authorizing Distribution of Funds. 16 17 Council Member Meehlhause offered his thanks to Bethlehem Baptist for their generous 18 donation and continued support of the community. 19 20 Ayes – 4 Nays – 0 Motion carried. 21 22 C. Resolution 8729, Appointing the 2016 Mounds View Citizen of the Year. 23 24 City Administrator Ericson requested the Council appoint the 2016 Mounds View Citizen of the 25 Year. He congratulated Virgil Beyer on being named Citizen of the Year View and explained 26 Mr. Beyer would be presented with this award at the March 20th Town Hall meeting. 27 28 Mayor Mueller read Resolution 8729 in full for the record and thanked Virgil Beyer for his 29 dedication to the community. 30 31 MOTION/SECOND: Mueller/Meehlhause. To Adopt Resolution 8729, Appointing the 2016 32 Mounds View Citizen of the Year. 33 34 Council Member Meehlhause suggested the 2015 Citizen of the Year also be allowed to serve as 35 Grand Marshal’s for the Festival in the Park parade, along with Virgil Beyer. 36 37 Council Member Gunn thanked Virgil Beyer for all that he does for the City of Mounds View. 38 39 Ayes – 4 Nays – 0 Motion carried. 40 41 D. Resolution 8731, Approving 2017 City Council Goals and Priorities. 42 43 City Administrator Ericson reviewed the 2017 City Council goals and priorities and 44 recommended approval. 45 Mounds View City Council March 13, 2017 Regular Meeting Page 4 1 City Council Hull questioned when the Council would be addressing the action steps for the 2 2017 goals. City Administrator Ericson reported this would be determined by the City Council 3 and could be addressed at an upcoming work session meeting. 4 5 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8731, 6 Approving 2017 City Council Goals and Priorities. 7 8 Council Member Meehlhause commended staff for completing four of the goals on the Council’s 9 2016 list. 10 11 Ayes – 4 Nays – 0 Motion carried. 12 13 E. Resolution 8732, Providing for the Sale of $6,000,000 General Obligation 14 Capital Improvement Plan Bonds, Series 2017A. 15 16 Finance Director Beer requested the Council provide for the sale of $6,000,000 General 17 Obligation Capital Improvement Plan Bonds, Series 2017A. He explained these bonds would be 18 used for the Public Works Facility. He noted the Council would be reviewing the bids for these 19 bonds on Monday, April 10th. 20 21 Stacie Kvilvang, Ehlers & Associates, introduced herself to the Council and noted she worked 22 with the City on bond sales that were competitively bid. She anticipated the City would receive a 23 successful sale on these bonds give the current market and the City’s financial rating. 24 25 Council Member Meehlhause requested further information on the City’s bonding capacity. Ms. 26 Kvilvang described the City’s bonding capacity in detail with the Council. 27 28 Council Member Hull questioned when these bonds would be on the tax rolls. Finance Director 29 Beer reported this would occur in 2018. 30 31 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8732, 32 Providing for the Sale of $6,000,000 General Obligation Capital Improvement Plan Bonds, 33 Series 2017A. 34 35 Ayes – 4 Nays – 0 Motion carried. 36 37 F. Resolution 8733, Authorizing a Budget Adjustment for the MVCC Building 38 Alterations. 39 40 Public Works Supervisor Peterson requested the Council authorize a budget adjustment for the 41 MVCC building alterations. He explained that with the staff turnover at the MVCC several 42 adjustments were made to the plans for the MVCC. He described these changes and noted the 43 cost was over the spending threshold, which required a budget adjustment. He reported the 44 additional expense would be covered by the Special Projects Fund. Staff recommended the 45 Mounds View City Council March 13, 2017 Regular Meeting Page 5 Council approve the budget adjustment for the MVCC. 1 2 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8733, 3 Authorizing a Budget Adjustment for the MVCC Building Alterations. 4 5 Ayes – 4 Nays – 0 Motion carried. 6 7 G. Resolution 8734, Accepting Credit Proposal and Authorizing Final Payment 8 on the Energy Savings Partnership with Trane. 9 10 Public Works Supervisor Peterson requested the Council accept the credit proposal and authorize 11 final payment on the energy savings partnership with Trane. He stated in 2015 the City entered a 12 partnership with Trane. He explained Trane was unable to complete their contract with the City 13 in a timely manner and was offering the City a $12,965 credit. Staff recommended the Council 14 accept the credit and authorize final payment to Trane. 15 16 Council Member Meehlhause asked how the solar panels were working on the Community 17 Center and City Hall. Public Works Supervisor Peterson stated he would be reviewing the 18 energy consumption information in detail in the coming weeks and would report back to the City 19 Council. 20 21 Mayor Mueller thanked Public Works Supervisor Peterson for having a difficult conversation 22 with Trane about this situation. She appreciated his efforts and the cost savings that were being 23 offered by Trane. Public Works Supervisor Peterson reported Public Works Director Erickson 24 was instrumental throughout the process. 25 26 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8734, 27 Accepting Credit Proposal and Authorizing Final Payment on the Energy Savings Partnership 28 with Trane. 29 30 Ayes – 4 Nays – 0 Motion carried. 31 32 8. CONSENT AGENDA 33 34 City Administrator Ericson had earlier requested Item 8C be removed from the Consent Agenda. 35 36 A. Resolution 8725, Renewing an Agreement with the Housing Resource Center 37 (HRC) for 2017. 38 B. Resolution 8726, Approving an Agreement with the City of New Brighton for 39 Housing Inspection Services. 40 C. Resolution 8728, Approving an Agreement with Simple Recycling for free 41 Curbside Pickup of Clothing and Household Goods. 42 43 MOTION/SECOND: Gunn/Meehlhause. To Approve the Consent Agenda as presented. 44 45 Mounds View City Council March 13, 2017 Regular Meeting Page 6 Ayes – 4 Nays – 0 Motion carried. 1 2 9. JUST AND CORRECT CLAIMS 3 4 Finance Director Beer answered the Council's questions related to claims. 5 6 MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as presented. 7 8 Ayes – 4 Nays – 0 Motion carried. 9 10 10. APPROVAL OF MINUTES 11 A. February 13, 2017, City Council Meeting Minutes. 12 13 Council Member Meehlhause requested a correction on Page 9, Line 37 changing “on” to “of”. 14 15 Mayor Mueller requested a correction on Page 9, Line 9 changing “would” to “were invited”. 16 17 MOTION/SECOND: Mueller/Gunn. To Approve the February 13, 2017, City Council meeting 18 minutes as corrected. 19 20 Ayes – 4 Nays – 0 Motion carried. 21 22 B. February 27, 2017, City Council Meeting Minutes. 23 24 Council Member Meehlhause requested a correction on Page 7, Line 12 noting the time should 25 be reflected as 11:00 a.m. 26 27 MOTION/SECOND: Gunn/Meehlhause. To Approve the February 27, 2017, City Council 28 meeting minutes as corrected. 29 30 Ayes – 4 Nays – 0 Motion carried. 31 32 11. REPORTS 33 A. Reports of Mayor and Council. 34 35 Council Member Hull reported he attended the CPY Luncheon last Tuesday, along with staff and 36 Council Member Meehlhause. He was pleased by the amount of people in attendance. 37 38 Council Member Meehlhause stated he would be attending a Gateway board meeting next week 39 where he would be learning how much funding would be contributed to the City. 40 41 Council Member Meehlhause explained he would be attending an NYFS Human Resources 42 Committee meeting next Wednesday, March 22nd and an NYFS Board of Directors meeting on 43 Thursday, March 23rd. 44 45 Mounds View City Council March 13, 2017 Regular Meeting Page 7 Mayor Mueller stated she attended a Five Cities meeting this afternoon along with City 1 Administrator Ericson. She provided a brief update on the issues discussed at this meeting by the 2 various cities in attendance. 3 4 Mayor Mueller commented on Wednesday she would be touring the Medtronic building with 5 City Administrator Ericson and Public Works Director Erickson. 6 7 Mayor Mueller reported the Festival in the Park Committee would be meeting next on Tuesday, 8 March 21st at 7:00 p.m. at City Hall. Those interested in volunteering for this great community 9 event were encouraged to attend this meeting. She stated in addition, the City was seeking 10 volunteers to serve on a committee for the City’s 60th Anniversary Celebration. 11 12 B. Reports of Staff. 13 14 Public Works Director Erickson provided the Council with an update on the Met Council’s 15 project in the City. He anticipated Area I would take approximately eight weeks to complete this 16 spring. 17 18 City Administrator Ericson reported Commissioners McGuire and Huffman would be in 19 attendance at the next Council meeting, along with Senator Isaacson. 20 21 City Administrator Ericson explained the Council would be going into a Closed Session meeting 22 after the Council meeting adjourns to discuss labor negotiations. 23 24 C. Reports of City Attorney. 25 26 There was nothing additional to report. 27 28 12. Next Council Work Session: Monday, April 3, 2017, at 7:00 p.m. 29 Town Hall Meeting: Monday, March 20, 2017, at 6:00 p.m. 30 Next Council Meeting: Monday, March 27, 2017, at 7:00 p.m. 31 32 13. ADJOURNMENT 33 34 The meeting was adjourned at 8:25 p.m. 35 36 Transcribed by: 37 38 Heidi Guenther 39 TimeSaver Off Site Secretarial, Inc. 40 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 March 27, 2017 6 Mounds View City Hall 7 2401 Mounds View Blvd, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, March 27, 2017, City Council Agenda. 21 22 Council Member Hull noted the Council received two amended Resolutions for items on the 23 agenda. 24 25 MOTION/SECOND: Gunn/Hull. To Approve the Monday, March 27, 2017, agenda as 26 amended. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 5. PUBLIC INPUT 31 32 Eric Robertson, 5177 Longview Drive, provided the Council with several photographs. He 33 reported he has lived in his home for the past 10 years and lives just north of the Longview 34 Estates development. He explained that since these new homes have been built he has had water 35 in his backyard and his sump pump now runs year round. He noted the staff members and 36 individuals from the watershed district that he has met with. He stated he brought in five loads 37 of dirt to raise the level of his backyard, but water continues to run into his yard. After speaking 38 with an attorney, Mr. Robertson was encouraged to contact the City Council with his concerns. 39 40 Mayor Mueller asked if Mr. Robertson believed the development of Longview Estates was 41 contributing to the water in his backyard. Mr. Robertson believed this to be the case, but also 42 understood the summer of 2016 was very wet. He described the slope of the neighboring 43 property and stated water was running directly onto his property instead of towards the retention 44 pond. 45 Mounds View City Council March 27, 2017 Regular Meeting Page 2 1 Mayor Mueller requested comment from Public Works Director Erickson. 2 3 Public Works Director Erickson stated he has been trying to work with the developer to address 4 the final grading issues in order to close out the development. He explained one rain garden had 5 to be rebuilt and understood the development still had work remaining. He commented that frost 6 was still in the ground and this would be further examined in later in the spring. 7 8 Mayor Mueller recommended the City meet with Mr. Robertson, along with the Harstad 9 Development personnel in order to address this matter. City Administrator Ericson suggested 10 staff meet with the Rice Creek Watershed District first and after an evaluation was completed a 11 meeting could be set for all parties involved. 12 13 6. SPECIAL ORDER OF BUSINESS 14 A. Oath of Office – City Council Member Bill Bergeron 15 16 Mayor Mueller administered the Oath of Office to newly elected City Council Member Bill 17 Bergeron. A round of applause was offered by all in attendance. 18 19 B. Presentation from Ramsey County Commissioners Blake Huffman and Mary 20 Jo McGuire 21 22 Ramsey County Commissioner Mary Jo McGuire thanked the Council for their time and 23 provided the Council with a presentation on the issues occurring at the County level. She stated 24 she appreciated attending the Mounds View Town Hall meeting on Monday, March 20th. She 25 then described the County’s mission, vision, goals and provided services. She commented on the 26 beautification of Mounds View Boulevard, along with the planned repairs on Long Lake Road. 27 She updated the Council on the improvements occurring at Long Lake Regional Park. Lastly, 28 she commented on the benefits of the Ramsey County library system. 29 30 Ramsey County Commissioner Blake Huffman stated he appreciated the Council’s time and 31 provided the Council with an update on Rice Creek Commons (TCAAP). He described the 32 cleanup work that was completed by the County and noted Alatus was hired as the Master 33 Developer for this project. He reviewed the proposed TCAAP Regulating Plan and described 34 how the site would be zoned. He explained 1,500 housing units would be developed on TCAAP 35 and commented on the variety of housing that would be offered. The proposed design of the 36 Town Center was reviewed and it was noted water would be a focus throughout this 37 development. He anticipated a grocery store would be located within the development, along 38 with other significant retail and commercial buildings. He thanked Heather Worthington, the 39 County’s Deputy Manager, for her dedication to this project. 40 41 Council Member Meehlhause thanked the Commissioners for their report. He asked if the 42 utilities for TCAAP would be installed underground. Ms. Worthington stated all utilities would 43 be placed underground for this development. 44 45 Mounds View City Council March 27, 2017 Regular Meeting Page 3 Council Member Gunn questioned how the freeway entrance from County Road I would be 1 impacted by the development. Ms. Worthington discussed the construction project and noted 2 how this intersection would be altered after the roundabout was complete. 3 4 Council Member Meehlhause asked if a flyover was being considered for this intersection along 5 with the 35W MNPASS Project. Ramsey County Commissioner McGuire stated she was not 6 aware of a flyover. 7 8 City Administrator Ericson understood all of the sanitary outflow from TCAAP would flow 9 through Mounds View. He requested further information from the County on this matter. Ms. 10 Worthington stated the County had a technical sewer plan for the project and she would be happy 11 to provide this information to Mounds View City staff. She reported the County would be 12 drafting a new agreement with Mounds View and the Met Council in order to address this issue. 13 14 Mayor Mueller expressed concern with how Mounds View residents would be impacted after the 15 northbound access to 35W from County Road I was closed. Ms. Worthington stated Mounds 16 View residents would be able to access 35W via County Road H. 17 18 Mayor Mueller thanked Ramsey County Commissioner McGuire, Ramsey County Commissioner 19 Huffman, and Deputy County Manager Worthington for attending this evening and for their 20 detailed reports. 21 22 7. COUNCIL BUSINESS 23 A. Resolution 8737, Authorizing the Installation of a Perimeter Fence 24 Surrounding Police Department Parking Area. 25 26 Police Chief Harder requested the Council authorize the installation of a perimeter fence 27 surrounding the Police Department parking area. He reviewed the proposed location of the fence 28 and explained the fence would assist in providing security for both officers and the children 29 playing in the adjacent park. He reviewed the quotes in detail with the Council and 30 recommended approval. 31 32 Mayor Mueller believed the fence was a logical step in upgrading this site. 33 34 MOTION/SECOND: Hull/Gunn. To Waive the Reading and Adopt Resolution 8737, 35 Authorizing the Installation of a Perimeter Fence Surrounding Police Department Parking Area. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 B. Resolution 8736, Accepting Bids and Awarding Contract to Thein Well 40 Company, Inc. for Municipal Well No. 1 Rehabilitation. 41 42 Public Works Director Erickson requested the Council accept bids and award a contract to Thein 43 Well Company, Inc. for the rehabilitation of Municipal Well No. 1. He described the work that 44 would be completed on Well No. 1 noting this work was budgeted and planned for in 2017. Staff 45 Mounds View City Council March 27, 2017 Regular Meeting Page 4 recommended approval of the project with a 20% contingency. 1 2 Council Member Gunn questioned when this project would begin. Public Works Director 3 Erickson stated the work would begin as soon as possible. 4 5 Council Member Meehlhause asked if the City had worked with Thein Well Company, Inc. in 6 the past. Public Works Director Erickson reported he had not previous work experience but 7 another member of the public works staff has. 8 9 Finance Director Beer explained the last time work was completed on Well No. 1 additional 10 bailing of sand was required. He inquired if this work was anticipated to occur again. Public 11 Works Director Erickson stated this work may be needed and was included as an alternate bid for 12 this project. 13 14 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8736, 15 Accepting Bids and Awarding Contract to Thein Well Company, Inc. for Municipal Well No. 1 16 Rehabilitation. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 8. CONSENT AGENDA 21 22 Mayor Mueller asked to remove Item 8D. 23 24 A. Resolution 8738, Approving Severance for John Hughes, Public Works 25 Community Center Custodian. 26 B. Resolution 8739, Approving a Cigarette/Tobacco License to AB Liquor, LLC 27 (doing business as ABC Liquor) located at 2840 Mounds View Boulevard. 28 C. Schedule a Public Hearing for Monday, April 10, 2017, at 7:00 p.m. to 29 Consider a Honeybee Keeping License located at 2071 Terrace Drive. 30 Applicant: Adam Retterath. 31 D. Resolution 8728, Approving an Agreement with Simple Recycling for Free 32 Curbside Pickup of Clothing and Household Goods. 33 34 MOTION/SECOND: Meehlhause/Hull. To Approve the Consent Agenda items 8A, 8B and 8C. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 D. Resolution 8728, Approving an Agreement with Simple Recycling for Free 39 Curbside Pickup of Clothing and Household Goods. 40 41 Council Member Meehlhause noted Item 8D had a revised Resolution. 42 43 Mayor Mueller stated she was asked by a resident why the Council was considering this 44 Resolution. She explained this service would provide Mounds View residents with bags to place 45 Mounds View City Council March 27, 2017 Regular Meeting Page 5 unwanted clothing and other household items for pickup on their regular trash collection day. 1 She indicated the City was given a small amount of compensation for the items donated (1¢ per 2 pound). She encouraged Mounds View residents to continue to support their preferred non-3 profits and stated this service would be provided at no cost to residents if they should choose to 4 use it. 5 6 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8728, 7 Approving an Agreement with Simple Recycling for Free Curbside Pickup of Clothing and 8 Household Goods. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 9. JUST AND CORRECT CLAIMS 13 14 Finance Director Beer answered the Council's questions related to claims. 15 16 MOTION/SECOND: Meehlhause/Hull. To Approve the Just and Correct Claims as presented. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 10. APPROVAL OF MINUTES 21 22 None. 23 24 11. REPORTS 25 A. Reports of Mayor and Council. 26 27 Council Member Gunn thanked Police Chief Harder and the entire Mounds View Police 28 Department for the number of volunteers they sent out for the Bowling with a Cop event. She 29 noted that 25 children were able to Bowl with a Cop yesterday. 30 31 Council Member Meehlhause stated he attended a Twin Cities Gateway Board meeting last 32 week. He provided the Council with a sports marketing brochure that was reviewed at the 33 meeting. He was pleased to report Twin Cities Gateway had a healthy fund balance of $678,622. 34 He anticipated a one-time grant would be provided to member cities to spend down a portion of 35 the fund balance. He explained the City would be receiving $7,964 from the Twin Cities 36 Gateway from hotel taxes. He stated he was nominated to serve on the Twin Cities Gateway 37 Executive Board of Directors. 38 39 Council Member Meehlhause invited the public to attend a fun event this Thursday, March 30th 40 at 4:30 p.m. where five members of the Mounds View Police Department would be taking on 41 another team at Northeast Youth and Family Services. 42 43 Mayor Mueller provided the Council with an update from the Festival in the Park Committee, 44 noting this group met last Tuesday. She explained a new route had been chosen for the bike 45 Mounds View City Council March 27, 2017 Regular Meeting Page 6 races. She stated the committee was seeking sponsors for the bike races given the high expense 1 of the event. She encouraged the public to consider attending the next Festival in the Park 2 Committee meeting on Tuesday, April 18th at 7:00 p.m. at City Hall in the Conference Room. 3 4 Mayor Mueller reported the City of Mounds View will be celebrating its 60th Anniversary in 5 2018 and a committee has been formed to begin preparations for this celebration. She invited 6 Mounds View residents to consider assisting with this event and to contact City Hall for further 7 information. 8 9 Mayor Mueller stated on Friday, March 31st she would be attending a Minnesota Women in City 10 Government meeting sponsored by the League of Minnesota Cities where the attendees would be 11 addressing how to effectively communicate via social media. 12 13 Mayor Mueller encouraged the public to consider purchasing a tree through the Ramsey County 14 Friends of the Park tree sale. Further information regarding the tree sale could be found at City 15 Hall. She noted orders must be placed prior to Friday, April 21st. 16 17 Mayor Mueller stated she received a letter from Mark and Mary Holmes, parents of Patrick 18 “Homer” Holmes, who lost his life when the 35W bridge collapsed. She read the letter in full for 19 the record noting the Holmes family appreciated the recognition the City of Mounds View 20 continued to provide to volunteer coaches. 21 22 Mayor Mueller encouraged residents to fill out a postcard with their correct address for the Sun 23 Focus to ensure their publications were delivered in a timely manner to all Mounds View 24 residents. 25 26 B. Reports of Staff. 27 28 Police Chief Harder invited the public to attend a fun event this Thursday, March 30th at 4:30 29 p.m. where five members of the Mounds View Police Department would be taking on another 30 team at Northeast Youth and Family Services. 31 32 Police Chief Harder thanked Council Members Meehlhause and Gunn for attending the Bowling 33 with a Cop event, along with the volunteers from Target Corp. 34 35 Police Chief Harder reported that all retired Mounds View Police Officers would be honored on 36 Thursday, March 30th. 37 38 Finance Director Beer noted the bond issue for the Public Works Facility would be called on 39 Thursday. 40 41 Public Works Director Erickson updated the Council on the Public Works Facility project noting 42 the contracts were being reviewed by the City Attorney. He explained the street project would be 43 starting in the coming weeks once the road restrictions were lifted. 44 45 Mounds View City Council March 27, 2017 Regular Meeting Page 7 Police Chief Harder recognized the Mounds View Police Foundation for their support at the 1 recent community event. 2 3 1. Administrator Report 4 5 City Administrator Ericson reviewed his Administrative Report with the Council. He noted the 6 League of Minnesota Cities would be holding their Annual Conference June 14-16 and invited 7 Council members to let him know if they’d like to attend. 8 9 City Administrator Ericson discussed the City Council meeting start times and noted a resolution 10 could be brought forward by staff At the April 10th meeting to shift the meeting start time to 6:00 11 p.m. He requested direction from the Council on how to proceed. 12 13 Council Member Meehlhause supported the Council start time being moved to 6:00 p.m. with 14 EDA meetings to follow. 15 16 Council Members Bergeron, Hull, and Gunn were in agreement. 17 18 Mayor Mueller stated her only concern with changing the start time was that the Council be 19 flexible and allow residents to speak even if they do not arrive right at 6:00 p.m. 20 21 Council Member Gunn supported this recommendation and stated the Council could elect to 22 move Public Input to the end of the agenda. 23 24 City Administrator Ericson reported the Governor signed a bill that would allow Sunday liquor 25 sales from 11:00 a.m. to 6:00 p.m. City Attorney Riggs advised the City would have to allow 26 Sunday sales, but could set their own hours. He recommended the Council provide staff with 27 input on how to proceed with this matter. 28 29 City Administrator Ericson stated he could invite the liquor license holders to a future work 30 session meeting in order to discuss this issue in further detail. The Council supported this 31 recommendation. 32 33 Council Member Gunn was in favor of the City allowing local off-sale establishments being open 34 from 11:00 a.m. to 6:00 p.m. on Sundays and until 10:00 p.m. Monday through Saturday. 35 36 City Administrator Ericson stated in 2003 the City adopted a policy supporting artistic 37 organizations. He explained the local theater company was requesting to use the City’s 38 photocopy and asked if the Council would allow for an administrative approval. The Council 39 supported this becoming an administratively approved matter. 40 41 City Administrator Ericson provided the Council with information on becoming a bee friendly 42 community, along with a resolution that was recently approved by the City of Austin, Minnesota. 43 The Council requested this item be placed on the May work session agenda. 44 45 Mounds View City Council March 27, 2017 Regular Meeting Page 8 City Administrator Ericson reviewed the April work session meeting agenda with the Council. 1 2 Mayor Mueller requested staff provide an update on the workforce housing initiative at this 3 meeting. 4 5 Council Member Gunn asked that the Council consider holding a discussion on racial equity as 6 well. 7 8 Council Member Bergeron explained that Nativity Lutheran Church in St. Anthony was holding 9 a discussion on race on Tuesday, March 28th. 10 11 City Administrator Ericson stated he would be attending a Met Council Environmental Services 12 meeting on Thursday, April 6th at 9:00 a.m. where those in attendance would be discussing 13 regional wastewater funding and budgeting for 2018. 14 15 C. Reports of City Attorney. 16 17 City Attorney Riggs reviewed an employee matter with the Council. 18 19 12. Next Council Work Session: Monday, April 3, 2017, at 7:00 p.m. 20 Next Council Meeting: Monday, April 10, 2017, at 7:00 p.m. 21 22 13. ADJOURNMENT 23 24 The meeting was adjourned at 8:59 p.m. 25 26 Transcribed by: 27 28 Heidi Guenther 29 TimeSaver Off Site Secretarial, Inc. 30