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2015-07-21 Council Packet1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA July 21, 2015 — 7:00 pm Mendota Heights City Hall 5. Consent Agenda a. Approve July 7, 2015 City Council Minutes b. Approve July 15, 2015 City Council Special Session/Closed Session c. Approve Resolution 2015-57 Accept Bids and Award Contract for 2015 Sanitary Sewer Cleaning & Televising d. Approve Resolution 2015-55 Amending Fee Schedule for Planning Fees e. Acknowledge June 2015 Fire Synopsis f. Adopt Technology Use Policy g. Approve Resolution 2015-54 Dakota Co Electronic Crimes Task Force JPA h. Purchase of Property — 1189 Bourn Lane i. Approve Dates for Council Budget Workshop Meetings j. Approve Time Change for August 4, 2015 City Council Meeting due to Night to Unite k. Approve Treasurer's Report I. Approve Claims List m. Approve Contractor List 6. Public Comments 7. Presentations a. Citizen's Award of Merit 8. New and Unfinished Business a. Resolution 2015-56 Amendments to Educational Facilities Revenue Refunding Note for St. Thomas Academy 9. Community Announcements 10. Council Comments 11. Adjourn page 2 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 7, 2015 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. Councilmembers present included Duggan, Povolny, and Petschel. Councilmember Norton joined the meeting at 8:31 p.m. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Povolny moved adoption of the agenda. Councilmember Petschel requested that item 9d) Ordinance 479 Concerning Interim Uses, Planning Case 2015-22 be moved ahead of item 8b) Resolution 2015-52 Appeal from Zoning Determination for STEP Academy at 1345 Mendota Heights Road, Planning Case 2015-18. Councilmember Duggan supported that request; Mayor Krebsbach stated that she felt that the agenda should stand as prepared. Councilmember Povolny amended his motion to include moving item 9d) Ordinance 479 Concerning Interim Uses, Planning Case 2015-22 to item 7d. Councilmember Duggan seconded the motion. Ayes: 3 Nays: 1 (Krebsbach) Absent: 1 (Norton) CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items b) Approval of June 25, 2015 Special Council Meeting Minutes, g) Approve Ordinance 480 Amendment to City Code Regarding Barbeques at Multi -Family Dwellings, h) Approve Resolution 2015-43 Receipt of Gifts for 5K Run and Parks Celebration, o) Approval of Claims List, and q) Approve Ordinance 481 Enterprise Drive Parking Restrictions. a. Approval of June 16, 2015 City Council Minutes page 3 b. Approval of June 25, 2015 Special Council Meeting Minutes c. Acknowledgement of June 29, 2015 Council Workshop Minutes d. Acknowledgement of June 23, 2015 Planning Commission Minutes --Councilmember Duggan recognized the completeness of the Planning Commission Minutes e. Approve Resolution 2015-47 Critical Area Permit for Fence - 731 Woodridge Drive, Planning Case 2015-19 f. Approve Tobacco License for Twin City Beverage Inc., d/b/a Mendota Liquor Barrel g. Approve Ordinance 480 Amendment to City Code Regarding Barbeques at Multi—Family Dwellings h. Approve Resolution 2015-43 Receipt of Gifts for 5K Run and Parks Celebration i. Approve Resolution 2015-53 Authorize Use of Found Property j. Acknowledgement of Deer Population Management Plan Update k. Approve Out of State Travel for Police Department 1. Authorize Purchase of Squad Car in. Personnel Action Item n. Approval of May 2015 Treasurer's Report o. Approval of Claims List p. Approval of Contractor List q. Approve Ordinance 481 Enterprise Drive Parking Restrictions r. Acknowledgement of Airport Relations Commission Minutes Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) PULLED CONSENT AGENDA ITEM B) APPROVAL OF JUNE 25, 2015 SPECIAL COUNCIL MEETING MINUTES City Administrator Mark McNeill stated that Mendota Heights was one of three communities that had been under consideration for an expansion of an existing company in the Twin Cities area. The City was subsequently notified that Prime Therapeutics had chosen the site at 1440-1444 Northland Drive in Mendota Heights. It is a company that does on-line pharmaceuticals. Mayor Krebsbach moved to approve the June 25, 2015 Special Council Meeting Minutes. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) G) APPROVE ORDINANCE 480 AMENDMENT TO CITY CODE REGARDING BARBEQUES AT MULTI -FAMILY DWELLINGS City Administrator Mark McNeill explained that this amendment will bring the City Code into compliance with the State of Minnesota Fire Code, which does not allow barbeques in multi -family dwellings which contain three or more residential units. Ground units may not have barbeques located within fifteen feet of the structure. page 4 Councilmember Petschel moved to adopt ORDINANCE 480 AMENDING TITLE 7, CHAPTER 2 OF THE CITY CODE PERTAINING TO FIRES OR BARBEQUES ON BALCONIES OR PATIOS with the clarification under Item C that states "when approved by the Fire Chief'. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) H) APPROVE RESOLUTION 2015-43 RECEIPT OF GIFTS FOR 5K RUN AND PARKS CELEBRATION Councilmember Duggan stated that this was the 10th anniversary of the 5K Walk/Run and Parks Celebration. He encouraged every resident to continue supporting this event. Councilmember Petschel expressed her appreciation to Neil Garlock who organized the event this year as a volunteer. Councilmember Duggan moved to adopt Resolution 2015-43 ACKNOWLEDGING THE RECEIPT OF THE GIFTS TO THE CITY 5K AND THE CITY CELEBRATION and authorize a check to Special Olympics Minnesota for $9232.31. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) O) APPROVAL OF CLAIMS LIST Councilmember Duggan asked if the Dermco-Lavine Construction - Tennis Court Rehab in the amount of $61,400.00 was within budget. Finance Director Kristen Schabacker replied that this was the amount that was approved as proposed in the original memo from Recreation Coordinator Sloan Wallgren. Councilmember Duggan moved to approve the Claims List. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) Q) APPROVE ORDINANCE 481 ENTERPRISE DRIVE PARKING RESTRICTIONS Public Works Director John Mazzitello explained that the newly relocated Southview Design business on Pilot Knob Road has their seasonal workers parking on Enterprise Drive which was interfering with truck traffic from the businesses. Staff reached out to the area business owners, as well as Southview Design, and came up with a compromise that parking would be allowed on the south side of the street only. This ordinance would codify the no parking restriction on the north side of Enterprise Drive. Councilmember Duggan asked if this parking restriction could be removed if it is not needed in the future. Engineer Mazzitello replied that this could be decodified at any time. page 5 Councilmember Duggan moved to adopt ORDINANCE 481 AMENDING TITLE 6, CHAPTER 3, OF THE CITY CODE TO PROHIBIT PARKING ON THE NORTH SIDE OF ENTERPRISE DRIVE. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) SAINT THOMAS ACADEMY SCOREBOARD REVISIONS Planner Nolan Wall explained that St. Thomas Academy would like to replace the existing scoreboard at the main athletic field with a new scoreboard which would contain an electronic display. The Council amended the code to allow electronic display signs for institutional uses; however, the definition purposely excluded scoreboards. Video message components related to scoreboards were not discussed. Councilmembers asked for an explanation of the difference on what was being proposed and what the ordinance allows. Planner Wall replied that the ordinance purposely excludes scoreboards. It reads, "a scoreboard being used during an organized sporting event shall not be considered a sign." Mr. Matthew Mohs, Headmaster of St. Thomas Academy and Mr. Paul Solomon, Director of Facilities came forward to review their plans for the scoreboard. They shared the various options they are exploring. They explained that the video portion would only be used during the sporting events. The Council was in agreement that the scoreboard with the video component should not be considered as signage. B) REVIEW OF 2014 AUDIT MATT MAYER OF KERN, DEWENTER, VIERE Mr. Matt Mayer of Kern DeWenter Viere, Ltd. [KDV] reviewed the Annual Audit Report for 2014, which included the Annual Report & Basic Financial Statements and the Communications Letter. He reported that KDV was providing an unmodified opinion, or a clean opinion, on the City's Financial Statements, which is the best that can be given. It means that the numbers presented were materially accurate, a true picture of the City's financial position. The State Auditor also requires a compliance audit, testing the City on all of the various State Statutes that apply and making sure there are no conflicts of interest. Mr. Mayer reported that the City had one minor housekeeping item regarding a collateral agreement at the depository, just making sure that the collateral is released immediately upon default; there is a three-day lag in the current contract. City staff has already taken care of this housekeeping item. page 6 Councilmembers asked if KDV had any reason to believe that Standard and Poor's would change the City's current AAA bond rating. Mr. Mayer stated he saw no significant changes and sees no reasons the rating should be modified. Councilmember Duggan moved to accept the report. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) C) PROCLAMATION FOR ST. PETER'S CHURCH Councilmember Duggan explained that St. Peter's Church is 175 years old this year and is the oldest church in the State of Minnesota in continuous use. Father Steven Hoffman addressed the Council. Councilmember Duggan read the proclamation. Councilmember Petschel moved to proclaim July 12, 2015 as Saint Peter's Day. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) D) ORDINANCE 479 CONCERNING INTERIM USES, PLANNING CASE 2015-22 Planner Nolan Wall explained that the City is considering amendments to Title 12, Chapter 1, Articles B and L of the City Code concerning Interim Uses. He gave a brief background on this request and summarized the sections included in the amendments. This ordinance would only adopt the ability to have interim uses in the city. An applicant would then have to request an amendment to the Code for a specific use as an interim use in a zoning district. Mayor Krebsbach asked when would an applicant apply for a conditional use and when do they apply for an interim use. Planner Wall stated that the Code would indicate whether a use is considered a conditional use or an interim use. The definition of the term `interim use' was discussed as being a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit the use. The Council would have to approve either the conditional use or the interim use permit. Councilmember Duggan asked who would determine if a use would "seriously depreciate surrounding property value" as stated in Section 3 -E -1-a. Planner Wall stated this would be part of the review process for that particular use. Councilmember Duggan suggested a change to Section E. 2. to state that the "conditions found to be valid by the City Council, upon the recommendation from the Planning Commission." He suggested a change to F. 2. to remove the word `any'. He suggested an addition to I. "or any other unintended consequences." page 7 Councilmember Petschel stated this would be a tool for the city to use where we can be agile to accommodate businesses without limiting ourselves. Councilmember Duggan moved to adopt Ordinance 479 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLES B AND L OF THE CITY CODE CONCERNING CONDITIONAL AND INTERIM USES with the changes and additions as suggested. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) PUBLIC HEARINGS A) RESOLUTION 2015-51 CRITICAL AREA PERMIT AT 1104 SIBLEY MEMORIAL HIGHWAY, PLANNING CASE 2015-16 Planner Nolan Wall explained that the property owners at 1104 Sibley Memorial Highway are requesting approval of an after -the -fact Critical Area Permit for construction of a retaining wall. Planner Wall shared an image of the subject parcel and the existing retaining wall. He noted that the existing wall on the property was constructed in 2011. Questions arose regarding the location of the wall in relation to the property boundary lines. The adjacent property owner at 1680 Lexington Avenue South submitted a letter stating their position that of any portions of the existing wall that are not located on the subject parcel should be removed. That is an issue that would be addressed prior to an after -the -fact building permit being issued. The applicant has stated they will remove any portions of the wall that are not entirely on their own property. Retaining walls in the critical area are limited to five feet in height and they need to be constructed of native wood or stone. Staff feels that the existing wall meets both of these requirements. Councilmembers asked questions regarding the difference between the two property owners on the wall and asked where the wall beings and ends. Public Works Director John Mazzitello stated the property owner has agreed to remove any portions of the wall that are not on their property before the building permit is issued. Mayor Krebsbach opened the public hearing and asked if anyone would like to make a comment. No public comments were received. Councilmember Duggan moved to close the public hearing. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) Councilmember Petschel moved to adopt RESOLUTION 2015-51 APPROVING A CRITICAL AREA PERMIT AT 1104 SIBLEY MEMORIAL HIGHWAY based on the findings of fact that the request meets the policies and standards of the Critical Area Overlay District and with the condition that the applicants obtain an after -the -fact building permit. page 8 Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) B) RESOLUTION 2015-52 APPEAL FROM ZONING DETERMINATION FOR STEP ACADEMY AT 1345 MENDOTA HEIGHTS ROAD, PLANNING CASE 2015-18 Planner Nolan Wall explained that the applicant is seeking an appeal from an interpretation of the City Code concerning the definition of a trade school. The code designates the Planning Commission as the Board of Zoning Appeals but does allow the Council to review and revise any decision made by that board after conducting a public hearing. The Board of Zoning Appeals met on June 23, 2015 and voted 6-1 in favor of denying the appeal request. The appellant, STEP Academy, is a charter school serving grades 6 — 12. Staff was contacted by representatives from STEP Academy about leasing space at 1345 Mendota Heights Road, which is zoned Industrial and is currently occupied by Sanford -Brown College. Based on staff interpretation, they were informed that the proposed use is not permitted and would require a code amendment to locate the charter school in the Industrial District. Representatives from STEP Academy submitted a written request for an opinion from staff as to whether STEP Academy can lease the space on the subject property based on the proposed use being considered a trade school under the existing definition. Staff responded by letter that the use was not permitted and subsequently a formal appeal was filed for consideration by the Board of Zoning Appeals as required by the Code. Planner Wall continued by stating that according to City Code, a trade school is defined as "An educational institution, either private or public, which offers classes and training to full and/or part time students including, but not limited to, technical, mechanical, services and computing fields. " Based on this definition and past Council discussions, it remains the City's position that a charter school is not intended to be included in the trade school definition and therefore is not a permitted non -manufacturing use in the Industrial District. A charter school use would be consistent with the use category of public and parochial schools, which are permitted within residential zoning districts. Staff contends that the intent of the existing trade school definition is to further qualify the companion permitted use in the Industrial District, which is "trade schools and colleges or universities." Trade school uses that have occupied the Industrial District were post -secondary institutions. The Industrial District does contain a mix of land uses but a vast majority are office and industrial uses. A determination that would allow a charter school use to be permitted by right in the Industrial District may allow for proliferation of other educational institutions that were not envisioned as part of the long- term planning process for the area. page 9 The Council packet did include minutes of past Council meetings where they were approached by other charter schools interested in operating within the Industrial District. The interested parties were informed that a code amendment would be required for the use to be considered. This appeal does stand on its own merits, but staff felt that it was important to know that past Councils considered charter school uses within the Industrial District, why staff is making the aforementioned determination in this case, and that it further reinforces the potential issues that could be created by allowing a charter school as a permitted use within the Industrial District. In the past, staff has informed all interested parties inquiring about charter school uses in the Industrial District that a formal code amendment process is required to consider allowing the use. If an applicant were to make such a request of the City, staff would then recommend that the use be considered as a conditional or interim use, not as a permitted use. Based on the decision made earlier in this meeting, an interim use would be a much better fit for a potential charter school in the Industrial District. A conditional use permit or an interim use permit does require a public hearing and allows for reasonable conditions to be placed on the use, based on potential negative impacts to the surrounding properties and the public. Staff recommends that a code amendment is the most equitable and transparent process for consideration of a charter school use within the Industrial District. The Council was provided with two resolutions for consideration in this case. Upon a question from Mayor Krebsbach, Planner Wall clarified that the appeal request is based on whether a charter school fits under the definition of a trade school. Mayor Krebsbach opened the public hearing. It was clarified that STEP stands for Science, Technology, Engineering, and Preparatory. Ms. Sandra Olmsted, Vice -chair of the Board of Directors of STEP Academy. She explained that STEP Academy is a 6-12 middle school/high school and the students are college bound. All of the seniors in the class will have accomplished up to a year or more of college credits before they graduate. The school is currently leasing space in an elementary school building in Inver Grove Heights that is functionally difficult due to its cramped space. Most of the students are bussed in from surrounding areas. STEP Academy is interested in the space at 1345 Mendota Heights Road because it is move -in ready. Ms. Olmsted provided additional information on charter schools and the legalities involved in being a charter school (i.e. cannot own property and cannot enter into a lease agreement longer than five years). Mr. Richard Schadegg, property manager of 1345 Mendota Heights Road, is in support of the sublease to STEP Academy. He feels this would be an appropriate use for the property. The property was renovated three years ago for Brown College and has the latest technology. They do not see any issues with the property or traffic. Parking is more than what is needed for this use. Councilmembers asked if Brown College would be sharing the building. Mr. Schadegg stated that STEP Academy would be sharing the building for part of the year. There are some economic and legal details that would have to be worked out amongst the three parties — Brown College, STEP Academy, and the page 10 property owner — because of sub -leases involved in the short run and the potential of a longer-term lease in the long run. Council member Steve Norton joined the meeting at 8:31 p.m. Mr. Chad Blihovde, Real Estate Broker with Java Properties who is representing STEP Academy Charter School in their search for a new location. They have been looking for a suitable location for over a year. This type of requirement is difficult for two reasons: 1) the cost of building any school is extremely expensive and 2) a charter school has a limited amount of money they can pay for a site. Finding this particular location that is move -in ready was very exciting. The school works with students from East Africa who are disadvantaged. They show that a lot of these students become very successful in this program versus a traditional public school. Mr. Mustafa Ibrahim, Executive Director of STEP Academy, provided information on the STEP Academy program and how the students are encouraged to continue on to college and take college courses while at STEP Academy. He stated that the City of Inver Grove Heights believes that the school has added value to their city and he feels they would add value to Mendota Heights as well. They need to move because they have outgrown the current facility. A current student at STEP Academy explained the reasons why he feels that moving to this facility in Mendota Heights would be a good thing for him and his fellow students. Attorney Cindy Lavorato, representing STEP Academy, came forward to address the legal points made in their letter to the Planning Commission and forwarded to the Council by staff dated June 17, 2015. She stated she feels STEP Academy meets the City's definition of a trade school and the rationale for denying the proposed use is inconsistent with the plain meaning of the ordinance. There is nothing in the ordinance expressly limiting this use in the industrial zone. It is arbitrary to treat a technology-based charter school differently from a school that offers the same type of training to college age students. She feels the City's attempt to redefine "Trade School" is nothing more than an attempt to zone STEP Academy out of the area. Attorney Lavorato also stated that the City needed to react on the original request in relation to the zoning in this matter within 60 days. The first request they made in writing to the City was dated April 17, 2015. Therefore, the City needed to act to approve or deny by June 16, 2015. That did not happen. So it is the school's position that under State Law, the application is deemed approved. She expressed her hope that the Council will take that argument into account along with the others that she has made so they do not have to involve the third branch of government and get some resolution on whether that 60 days has expired. Councilmember Petschel moved to close the public hearing. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 As requested by Council, City Attorney Tom Lehmann explained that the key issue before the Council is to adopt one of the two resolutions submitted: 1) to accept the decision by the Board of Zoning Appeals denying an appeal from a zoning determination or 2) to revise the decision by the Board of Zoning Appeals denying an appeal from a zoning determination. page 11 Councilmember Norton moved to adopt RESOLUTION 2015-52 ACCEPTING DECISION BY THE BOARD OF ZONING APPEALS DENYING AN APPEAL FROM A ZONING DETERMINATION. Councilmember Povolny seconded the motion. Councilmember Duggan asked who defines educational terms, what was the definition of trade school in the past versus what the definition is today per the Minnesota Board of Education. Attorney Lavorato replied that there is no definition in State Law or Rule, that she is aware of, defining trade school. Councilmember Duggan stated that the Council, at the time the definition was approved, used the definition for a trade school that was normally considered a reasonable definition. Attorney Lavorato stated her argument that the City should not look at intent of the definition, but should look at what it states if the language is clear. Councilmember Povolny stated that he attended a vocational/technical school and he sits on an advisory committee for a technical college. He believes technical schools are completely different from charter schools because of the age of the students and the subject matter of what they teach. Councilmember Duggan asked what would be the impact of accepting the reversal resolution, allowing charter schools in the Industrial District. Planner Nolan Wall stated that charter schools would then be a permitted use in Industrial Districts. Mayor Krebsbach called for the vote on the motion: Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2015-49 VARIANCE AT 949 MENDOTA HEIGHTS ROAD, PLANNING CASE 2015-21 Planner Nolan Wall explained that the applicant, St. Thomas Academy, was requesting a variance from the sign size requirements for a non-residential use within a residential zone. The subject property is approximately 43 acres, which includes the school campus and several buildings and athletic fields. The applicant is proposing to erect an 88 square foot sign on the front of the control room press box overlooking the athletic field which faces Mendota Heights Road. The proposed size of the sign exceeds the maximum size allowed and therefore would require a variance. Planner Wall shared an image of the proposed sign, clarified that this is a different sign than was discussed earlier in the evening, and explained the code requirements. Councilmembers asked additional questions regarding the font and color of the sign letters. Paul Solmon, Director of Facilities for St. Thomas Academy, explained the layout of the sign, the colors and font to be used. page 12 Councilmember Petschel moved to adopt RESOLUTION 2015-49 APPROVING A VARIANCE AT 949 MENDOTA HEIGHTS ROAD based on the Findings of Fact as stated in the resolution. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Krebsbach) C) RESOLUTION 2015-48 PRELIMINARY PLAT AT 2511 AND 2525 CONDON COURT,PLANNING CASE 2015-20 Planner Nolan Wall explained that the applicant is seeking approval of a preliminary plat for a five -lot subdivision at 2511 and 2525 Condon Court. He shared an image of the site. The subject property is 1.34 acres, which includes a 0.08 -acre tract of excess right-of-way which was acquired from MnDOT. It currently contains two single-family dwellings with attached garages. Planner Wall noted that the property at 2535 Condon Court is not owned by the applicant and is not part of this preliminary plat. The parcels are zoned R-2 and guided medium density residential development on the Comprehensive Plan. In January of 2015 the applicant did receive approvals to rezone the properties and to amend the Comprehensive Plan in order to enact the current zoning and land use plan for that area. The proposed plat would be named The Oaks and would create three new lots from two existing lots and additional right-of-way. A single-family home would be constructed on the northern most parcel [Lot 1] and two twinhome units would be constructed on the remaining parcels for a total of five dwelling units. All five lots do meet the minimum lot size and setback requirements. The property at 2535 Condon Court is currently being used as a residential treatment facility and will remain zoned and guided as limited business. Councilmembers asked questions regarding any water challenges in that area. The applicant, Dick Bjorklund, was present to address the Councilmember's concerns. He stated he is not concerned about water drainage on this property after the development is completed. It was clarified that the final plans for building permits are reviewed thoroughly by city staff for proper grading and drainage. Councilmember Duggan moved to adopt RESOLUTION 2015-48 APPROVING A PRELIMINARY PLAT AT 2511 AND 2525 CONDON COURT based on the Findings of Fact and Conditions as included in the resolution, with a change to #4 in the resolution to replace the word `restrictions' with `the provisions'. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel added that the 2035 Long Term Comprehensive Plan Noise Mitigation Impacts for the MSP airport were recently released. She stated the contour will be expanding significantly which may impact this area. She gave the information to city staff for the applicant to review. page 13 D) RESOLUTION 2015-50 LOT SPLIT AND VARIANCE AT 650 NORTH FREEWAY ROAD, PLANNING CASE 2015-23 Planner Nolan Wall explained that the applicant is requesting a lot split and variance for the subject parcel at 650 North Freeway Road. The parcel is approximately 50,000 square feet, zoned R-1, and guided for low-density residential development on the Comprehensive Plan. A garage addition would be constructed on the existing single-family dwelling and a new single-family dwelling would be constructed on the easterly parcel. The existing driveway accessing the garage through the proposed parcel B would be removed. Planner Wall reviewed the standards required in the R -I zoning district and how this request complies with those standards. The variance is needed due to grading and construction activities on a slope over 25%. Councilmembers asked questions regarding the steep slope located on the property and potential drainage issues. City Engineer John Mazzitello provided additional information on the grading plan. Mr. Daniel Norman, 1937 South Lane, expressed his concerns regarding the granting of this variance. He expressed concern about the slope being disturbed and potential drainage problems in the area. Mr. Patrick Droege, 641 South Freeway Road, expressed his concerns about the resale value of his home being impacted. He is also concerned about drainage. Councilmember Norton moved to adopt RESOLUTION 2015-50 APPROVING A LOT SPLIT AND VARIANCE AT 650 NORTH FREEWAY ROAD based on the following Findings of Fact and Conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • Night to Unite is Tuesday, August 4. Register your parties with the Police Department. • Wednesday is Music in the Park at 6:30 p.m. at The Village. • There are many Park & Rec activities going on; Traveling Parks program is Mondays, Wednesdays, and Fridays and fishing at Rogers Lake on Fridays. • Footgolf is very popular this year. There were over 50 people playing on Friday. COUNCIL COMMENTS Councilmember Petschel recognized Eunice Dietrich for celebrating her 101st birthday on July 2. She recognized Peter Bohacek of Henry Sibley High School as the recipient of the Presidential Award of Excellence in Mathematics and Science Teaching. He has been teaching at Henry Sibley High School for 12 years. page 14 Councilmember Duggan noted some residents' concerns: when will the King and I Thai restaurant be opening, when will the grocery store in that same area be opening, people are still interested in raising chickens, residents in Copperfield are concerned about water quality, traffic on Decorah is still an issue. Mayor Krebsbach noted that the Minneapolis/St. Paul Business Journal acknowledged two women from Mendota Heights as "Outstanding Women in Business" — Sara Gavin, President of Weber Shandwick's North American operations and Laura Oberst, Executive Vice President and Region Group Head for Wells Fargo & Co.'s Central Commercial Banking Region. I 0 • "I Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 10:07 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk page 15 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Special Session and Closed Session Held Tuesday, July 15, 2015 Pursuant to due call and notice thereof, a special session and closed session of the City Council, City of Mendota Heights, Minnesota was held at 9:30 a.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 9:30 a.m. Councilmembers present included Norton and Petschel. Councilmembers Povolny and Duggan arrived at 9:33 a.m. Also in attendance were City Administrator Mark McNeill, City Attorney Tom Lehmann, Police Chief Mike Aschenbrener, Public Works Director John Mazzitello, Planner Nolan Wall, and City Clerk Lorri Smith. APPROVAL OF ISSUANCE OF BUILDING PERMIT AT 2185 GLEN TORO, WITH THE ISSUANCE CERTIFICATE OF OCCUPANCY BEING CONTINGENT UPON RECEIPT OF WETLANDS PERMIT Public Works Director John Mazzitello presented the proposed building permit for Lot 3, Block 2, Glen Toro 2nd Addition. The proposed home is located outside of the 100 -foot radius regulated area around the wetland; however, the proposed driveway would be constructed within the 100 -foot radius, which would require a wetlands permit. The developer proposes to move vegetation and add impervious surface within the wetland area. It was noted that city staff sees no issue with the applicant receiving a wetlands permit for the construction of the driveway in the future. Councilmember Norton moved to authorize staff to issue the Building Permit for the home proposed for Lot 3, Block 2, Glen Toro Second Addition upon completion of plan review by the Building Official. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach announced that pursuant to Minnesota Statute 13D.03 and Minnesota Statute 13D.05 subd. 3(b), the City Council would be going into a closed session. Councilmember Norton moved to adjourn to a closed session. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 page 16 CLOSED SESSION TO DISCUSS ISSUES RELATED TO LITIGATION AGAINST THE CITY, COURT FILE NO. 19HA-CV-14-651. Starting at 9:40 a.m. and pursuant to Minnesota Statute 13D.05 subd. 3(b), the City Council met in closed session to discuss strategy for litigation against the City. Present for this portion of the closed session were Mayor Krebsbach, Councilmembers Duggan, Norton, Petschel, and Povolny. Also in attendance were City Administrator Mark McNeill, Assistant to the City Administrator/HR Coordinator Tamara Schutta, Police Chief Mike Aschenbrener, City Attorney Tom Lehmann, LMCIT Attorney Jana O'Leary Sullivan, LMCIT Claims Supervisor Mark Rossow. The purpose of the closed session was to discuss Court File Number 19HA-CV-14-651. CLOSED SESSION TO DISCUSS UNION CONTRACT NEGOTIATIONS: Starting at 11:12 a.m. and pursuant to Minnesota Statute 13D.03 subd. 1(b), the City Council continued in closed session to discuss strategy for union contract negotiations. Present for this portion of the closed session were Mayor Krebsbach, Councilmembers Duggan, Norton, Petschel, and Povolny. Others present included City Administrator Mark McNeill, Assistant to the City Administrator/HR Coordinator Tamara Schutta, Public Works Director John Mazzitello. The purpose of the closed session was to discuss strategy for union contract negotiations. Mayor Krebsbach left the meeting at 11:13 a.m. Councilmember Petschel took over as Acting Mayor. Councilmember Povolny left the meeting at 11:43 a.m. ADJOURN Councilmember Norton moved to adjourn the closed session meeting at 11:47 a.m. Councilmember Duggan seconded the motion. Ayes: 3 Nays: 0 Acting Mayor Petschel stated that no action was taken by the Council in closed session. Councilmember Norton moved to adjourn the meeting at 11:48 a.m. Councilmember Duggan seconded the motion. Ayes: 3 Nays: 0 Liz Petschel, Acting Mayor ATTEST: Lorri Smith, City Clerk 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452,8940 fax u^. v mendota-heights.com CITY OF MENDOTA HEIGHTS DATE: July 21, 2015 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Accept Bids and Award Contract for 2015 Sanitary Sewer Cleaning and Televising Project BACKGROUND Six proposals (see attached resolution) were received and opened on Wednesday, July 15, 2015 for the Sanitary Sewer Televising and Cleaning Project. Pipe Services Corporation submitted the low bid of $27,074.09. Their bid was lower than the Engineer's Estimate of $44,980.77. Based on the age of the pipe, staff anticipates that some additional work may be required that is not included in the low bid such as cutting root blockages, sags in the lines, or unforeseen restoration work. Our sanitary sewer system is aging. Many of our pipes are 60 years old and will soon be in need of repair. Cleaning our sewer system on a regular cycle will help extend the life of the pipes. Televising of the system will show where immediate repairs are needed. Lining pipes in need of repair with cured -in -place -pipe will extend the life of our system. The City of Mendota Heights maintains 72.2 miles of sanitary sewer pipe. Currently, Rich Burrows along with one seasonal employee cleans approximately 10 miles of pipe per year. The proposed project is for the cleaning of approximately 4.4 miles of the City's sanitary sewer system and televising approximately 9.6 miles of the City's sanitary sewer system. At our current rate, we are cleaning the system every 5-6 years. BUDGET IMPACT The project costs will be funded through the Sanitary Sewer Utility Fund which has sufficient funds to cover the project costs. XK#] l 1 / U K117_�Cll M0 Staff recommends that the council accept the bids and award the contract to Pipe Services Corporation for their bid in the amount of $27,074.09. If city council wishes to implement the staff recommendation, pass a motion adopting A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2015 SANITARY SEWER CLEANING AND. TELEVISING (PROJECT #201504). This action requires a simple majority vote. page 17 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-57 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2015 SANITARY SEWER CLEANING AND TELEVISING PROJECT WHEREAS, pursuant to an advertisement for bids for the proposed cleaning and televising of sanitary sewers to serve the area referred to as 2015 Sanitary Sewer Televising and Cleaning Project (City Project No. 201504), bids were received, opened and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER AMOUNT OF BID Pipe Services Corporation $27,074.09 Vortech Hydro Vac Inc. $39,753.93 Overline & Son, Inc. $42,273.83 Hydro Klean $62,417.35 Visu-sewer Inc. $77,924.08 National Power Rodding Corp. $291,148.65 and WHEREAS, the City Engineer recommended that the low bid submitted by Pipe Services Corporation of Shakopee, Minnesota, be accepted. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the bid of Pipe Services Corporation of Shakopee, Minnesota, submitted for the cleaning and televising of the above described project be and the same is hereby accepted. 3. That the contract be awarded to Pipe Services Corporation of Shakopee, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this twenty first day of July 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 18 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-heights.com 7- OPP— CITY OF MENDOTA HEIGHTS DATE: July 21, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving Amendments to the Fee Schedule BACKGROUND Staff is proposing the following amendments to the Fee Schedule related to Planning Fees: 1. Interim Use Permit – fee added for recently adopted ordinance allowing interim use permits • $350 – same as for conditional use permit 2. Subdivision – description revised to "Preliminary/Final Plat" • $750 + escrow 3. Appeal to the Board of Zoning Appeals – fee added for subsequent requests • $250 – same as for zoning ordinance amendment BUDGETIMPACT N/A 19 1113 105 1 L130I Staff recommends approval of the proposed Fee Schedule amendments. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2015-55 REVISING SCHEDULE OF FEES FOR SERVICES TO ADD AND AMEND VARIOUS PLANNING FEES. This matter requires a simple majority vote. page 19 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, INNESOTA RESOLUTION 2015 - 55 RESOLUTION REVISING SCHEDULE OF FEES FOR SERVICES TO ADD AND AMEND VARIOUS PLANNING FEES WHEREAS, the City of Mendota Heights adopted Resolution 2015-19 "Revising Schedule of Fees for Services" on March 19, 2015; and WHEREAS, the City of Mendota Heights has established by City Code that all fee requirements established be brought forth by resolution; and WHEREAS, the cost of services provided escalates and new services require a fee to be set; and WHEREAS, it is appropriate that fees be revised to cover the escalating costs of providing services and to cover new services. NOW THEREFORE BE IT RESOLVED, that the fee schedule be amended to add new fees for Appeals to the Board of Appeals and Interim Use Permits beginning immediately upon approval of the City Council. The fee for Subdivision shall be retitled "Preliminary / Final Plat". Adopted by the Mendota Heights City Council this 21St day of July 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk Accessory Structure Permit Appeal to Board of Zoning Appeals Comprehensive Plan Amendment Concept Plan Review for PUD/Plat Conditional Use Permit/ Interim Use Permit Critical Area Permit CUP for PUD Fence Permit Lot Split Mining Permit Park Dedication Fee Park Dedication Fee Rezoning Preliminary/Final Plat Sign Permit Temporary Sign Permit Variance Variance Wetlands Permit Wetlands Permit Zoning Ordinance Amendment M PLANNING FEE SCHEDULE Under 120 sq. ft. * Escrow Required - See table * Escrow Required - See table * Escrow Required - See table * Escrow Required - See table * Escrow Required - See table New Residential Lot New Commercial / Industrial Lot * Escrow Required - See table * Escrow Required - See table Triple fee charged if sign is erected w/o permit -Per Code 12-1D-15 B. 2 Residential *Escrow Required - See table Commercial or Industrial * Escrow Required - See table Residential * Escrow Required - See table Commercial or Industrial * Escrow Required - See table page 20 2015 25 S250 $750 $250 $350 $100 $500 $25/flat fee $350 $350 $2,700 10% of assessed value $350 $750 Per Attachment A $25 $200 $250 $150 $200 $250 page 21 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com Of { CITY OF MJ MENDOTA HEIGHTS DATE: July 21, 2015 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: June 2015 Fire Synopsis Fire Calls The department responded to 21 calls for the month. The majority of calls were classified as false alarms or good intent calls. Nine calls were residential in nature and five were commercial alarms. In addition, there were three EMS calls, one car fire, one grass fire, and one dumpster fire. Monthly Squad Training The squad training for the month focused on maintaining our proficiency in auto extrication. Training Officer Stein made arrangements to have a towing company drop off vehicles that could be used for the training. Firefighters had to stabilize the vehicle and use the hydraulic rescue tools to remove the doors and roof. Monthly Squad Training The squad training for the month focused on water supply. Firefighters trained on all the aspects that are associated with hooking up to the hydrant, establishing a supply line to the apparatus and flowing water to the various hand lines that could be used at a fire. Each apparatus has three intakes that can be used to receive water from the hydrant and between 10 and 12 different discharges. MENDOTA HEIGHTS FIRE DEPARTMENT JUNE 2015 MONTHLY REPORT FIRE CALLS NO. 15099 - 15119 NUMBER OF CALLS FIRE ALARMS DISPATCHED: NUMBER STRUCTURE CONTENTS ACTUAL FIRES Structure - MH Commercial Structure - MH Residential Structure - Contract Areas Vehicle - MH Vehicle - Contract Areas Grass/Brush/No Value MH Grass/Brush/No Value Contract MEDICAL Assist Extrication HAZARDOUS SITUATION Spills/Leaks Arcing/Shorting Chemical Power Line Down FALSE ALARM Residential Malfunction Commercial Malfunction Unintentional - Commercial Unintentional - Residential Criminal GOOD INTENT Smoke Scare Steam Mistaken for Smoke Other MUTUAL AID page 22 21 1 $2,500 $2,510 $100,000 $0 1 $5,900 $9,900 $0 TOTAL MONTHLY FIRE LOSSES 2 $0 $0 $8,400 FIRE LOSS TOTALS MENDOTA HEIGHTS 2 2 1 4 1 7 ALL FIRES, ALL AREAS (MONTH) $8,400 $112,410 MEND. HTS. ONLY STRUCT/CONTENTS $100,010 MEND. HTS. ONLY MISCELLANEOUS $11,400 MEND. HTS. TOTAL LOSS TO DATE $111,410 BILLING FOR SERVICES TOTAL CALLS $0 21 $0 CNR RR $0 OTHERS: LOCATION OF FIRE ALARMS: TO DATE LAST YEAR MENDOTA HEIGHTS 18 100 123 MENDOTA 1 1 4 SUNFISH LAKE 1 6 8 LI LYDALE 1 5 6 OTHER 0 7 3 TOTAL 21 119 144 WORK PERFORMED HOURS TO DATE LAST YEAR FIRE CALLS 287 2010.5 2613.5 MEETINGS 19 176 206.5 DRILLS 145 922.5 926.5 WEEKLY CLEAN-UP 37 214 216 SPECIAL ACTIVITY 202.5 1424 2143.5 ADMINISTATIVE 0 0 0 FIRE MARSHAL 66 294 311 TOTALS 756.5 5041 6417 *Dumpster Fire MN/DOT $0 MILW. RR $0 CNR RR $0 OTHERS: $0 TOTALS: $0 $0 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS 33.5 INVESTIGATIONS 0 RE -INSPECTION 0 MEETINGS 3 ADMINISTRATION 21.5 SPECIAL PROJECTS 8 TOTAL 66 REMARKS: SEE OTHER SIDE FOR SYNOPSIS page 23 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei ghts.corn f of CITY OF MENDOTA HEIGHTS DATE: July 21, 2015 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta Assistant to the City Administrator/HR Coordinator SUBJECT: Technology Use Policy BACKGROUND The Technology Use Policy was last reviewed and updated in 2011 by City staff. To maintain the integrity and security of the city's IT Infrastructure, we have been working on updating our Technology Use Policy for all city employees, paid -on-call firefighters, contractors, volunteers, and interns. The Technology Use policy has been reviewed by the City's Labor Attorney Kevin Rupp. The purpose of this policy is to promote the availability and reliability of City -owned equipment for productive employee use in providing effective and efficient service to our citizens. One part of fulfilling that purpose is to define acceptable use, including parameters for appropriate personal use of such equipment and information. Access to a copy of the draft policy was provided to all employees for their review. The IT Manager and I also provided an overview of the Technology Use Policy. All employees were invited to attend those meetings; eighteen employees did so. Attachment(s): 1. Draft copy of Technology Use Policy BUDGETIMPACT Not applicable. RECOMMENDATION Staff is recommending the City Council approve the Technology Use Policy. Approval of this item requires a simple majority vote of the City Council. This Technology Use Policy will replace the 2011 Technology Use Policy. page 24 TECHNOLOGY USE POLICY - DRAFT Table of Contents 1. Purpose................................................................................................................................................. 3 2. Definitions.............................................................................................................................................3 3. Application............................................................................................................................................ 5 4. Security.................................................................................................................................................5 4.1. Logins and Passwords................................................................................................................... 5 4.2. Physical Security............................................................................................................................6 5. Data....................................................................................................................................................... 7 5.1. Data Practices............................................................................................................................... 7 5.2. Record Retention Schedules.........................................................................................................7 5.3. Data Ownership and Expectation of Privacy.................................................................................7 5.4. Data Storage..................................................................................................................................8 5.5. Portable files.................................................................................................................................8 5.6. Data Security.................................................................................................................................9 6. Copyright and Licensing........................................................................................................................9 7. Allowable Uses......................................................................................................................................9 7.1. Personal Use.................................................................................................................................9 7.2. Internet.......................................................................................................................................10 7.3. Email............................................................................................................................................11 8. Prohibited Use....................................................................................................................................12 81 General Prohibitions ................................................................................................................... 12 9. Access .................................................................................................................................................. 13 9.1. Remote Network Access ............................................................................................................. 1] 92 Wireless Access ........................................................................................................................... 13 10. Office/Cellular Telephone ............................................................................................................... 14 101 Office Telephones ................................................................................................................... 14 102. Cellular Telephones ................................................................................................................. 14 11. Maintenance and Support .............................................................................................................. 14 111 File Names and Storage Space Usage, Limitations, and Maintenance ................................... 14 112. Safeguard Policy ...................................................................................................................... 14 113. Equipment Maintenance & Disposal ...................................................................................... 1S 12. Social Media .................................................................................................................................... 1S 13. City Website .................................................................................................................................... 1S 131 Participation ............................................................................................................................ 15 13.2. External Links .......................................................................................................................... 15 13.3. Event Promotion ..................................................................................................................... 16 13.4. Disclaimer ................................................................................................................................ 16 14. Training & Documentation .............................................................................................................. 17 15. Disciplinary Action .......................................................................................................................... 17 page 26 1. Purpose The purpose of this policy is to promote the availability and reliability of City -owned equipment for productive employee use in providing effective and efficient service to our citizens. One part of fulfilling that purpose is to define acceptable use, including parameters for appropriate personal use of such equipment and information. This policy is intended to be a general use policy. Department heads and supervisors are responsible for ensuring the appropriate use of all electronic tools and other equipment through training, supervising, coaching, and taking disciplinary action, when necessary. Users may be assigned City -owned equipment and are responsible for the reasonable protection for such equipment and information against theft, loss, environmental damage, viruses, and other risks. 2. Definitions Unless otherwise indicated, the following words and terms have the meanings indicated below: Blog — is short for web log. A blog is a webpage that serves as a publicly accessible personal journal for an individual. Blogs often reflect the personality of the author. Broadband — is a wide bandwidth data transmission with an ability to simultaneously transport multiple signals and traffic types. The medium can be coaxial cable, optical fiber, twisted pair, or wireless broadband (wireless broadband includes Mobile broadband). Configuration — is the way a system is set up or the assortment of components that make up the system. Configuration can refer to either hardware or software or the combination of both. Download — is a copy of data or software from a main source to a computer device. The term is often used to describe the process of copying a file or software from an online service or bulletin board service to a computer. Downloading can also refer to the copying of a file from a network file servers to a computer on the network. Electronic Mail (email) — is a network application that allows users to exchange messages over networks. File Server — is an enhanced computer with network operating software that is used for file storage, application functionality, and managing network resources. Information Technology (IT) — manages the process and use of information on multiple platforms. page 27 Information Technology (IT) Systems — includes computers, printers, software, email, Internet, Intranet, telephone, voice mail, and similar equipment as deemed appropriate. Internet — is the global network connecting millions of computers and networks around the world. Intranet — is a network based website accessible only within an organization. Intranet websites look and act just like any other website, but firewall security restricts external access. Licensing — is the legal compliancy of IT systems hardware and software assets. Malware — software intended to damage a computer, mobile device, computer system, or computer network, or to take partial control over its operation. Peripheral — is a computer device, internal or external, that is not part of the computer itself, such as a CD-ROM drive, printers, keyboard, mouse, and monitor. Phishing — is the act of sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. Portable Equipment — is the hardware that is small, lightweight and mobile (i.e. laptop computers, tablets, hand-held computers, projectors, flash drives and digital cameras). Social Media — is a conversation in print. Social Media includes the various online technology tools that enable people to communicate easily via the Internet to share information and resources. Social Media can include text, audio, images, podcasts, and other multimedia communications. Software — system software includes the operating system and all utilities that enable the computer to function. Application software includes programs that assist users (i.e. word processors, spreadsheets, and database management systems). SPAM — is electronic junk mail or junk newsgroup postings. Users — regular, part-time and temporary employees, paid -on-call firefighters, contractors, vendors, consultants, volunteers, interns, elected officials, members of City commissions and boards, and other individuals authorized to use the City's IT system. Virus — a segment of self -replicating code planted illegally in a computer program, often to damage or shut down a system or network. page 28 Wi-Fi — a facility allowing computers, smartphones, or other devices to connect to the Internet or communicate with one another wirelessly within a particular area. 3. Application The Technology Use Policy shall apply to all employees, contractors, volunteers, interns, paid -on-call firefighters and other individuals authorized to have access or use the City of Mendota Heights IT system. To the extent permitted by law, the Technology Use Policy will also apply to elected officials and members of City commissions and boards. The misuse of City property and/or equipment or any violation of the Technology Use Policy may result in disciplinary action per Section 27 of the Mendota Heights Personnel Code, applicable labor agreements or through other applicable rules and laws. To the extent permitted by law, elected officials and commission members found to have misused City property/equipment or violated the Technology Use Policy may be subject to disciplinary action approved by the City Council. If applicable, violations may also be referred for criminal prosecution. 4. Security 4.1. Logins and Passwords As a member of the Local Government Information Systems (LOGIS) consortium, the City of Mendota Heights must adhere to the security requirements and recommendations set forth within the LOGIS Member Security Policy to ensure security, protection, and appropriate access to all of the City's IT systems and resources. As such, all Users must maintain unique IT -issued login IDs/usernames for computer and network -related access. All passwords are to be treated as sensitive and confidential information. Users must not share passwords with anyone. If the system administrator needs to log on as a User, the administrator will change the User's password to the default password, and the User will be prompted to change the password next time the User logs onto the network with the default password. All system and user level passwords must follow these specifications: • Have a minimum of at least (8) alphanumeric characters in length. • Must be changed every 90 days. page 29 • Have not been previously used in the last ten password rotations. • Not contain the user's account name or parts of the user's full name that exceed two consecutive characters • Contain characters from three of the following four categories: ■ English uppercase characters (A through Z) ■ English lowercase characters (a through z) ■ Base 10 digits (0 through 9) ■ Non -alphabetic characters (for example, !, $, #, %) The password policies will be defined on the server level to ensure adherence to policy. Passwords should never be written down or stored on-line. Try to create passwords that can be easily remembered. One way to do this is create a password based on a song title, affirmation, or other phrase. For example, the phrase might be: "This May Be One Way To Remember" and the password could be: "TmB1w2R11!" or "Tmb1W>r-11" or some other variation. Users must report password security breaches to the IT Manager immediately. This includes when an account is suspected to have been compromised and/or if someone demands a password. Only the User must know the password. 4.2. Physical Security Users are expected to provide reasonable security to their computer workstations and related IT equipment. This includes ensuring that removable media is kept in a secured area, and confidential data is not displayed in such a manner that unauthorized personnel can view it. All IT equipment is City property and must remain on current premises. Users may not move IT equipment outside of its assigned area without prior approval from the IT Manager and a department supervisor. Designated portable equipment, such as laptop computers, tablets, projectors, and digital cameras, may be removed from City buildings only for City business. Portable computing equipment must be reserved and checked out only to Users. Users are expected to provide appropriate "common sense" protection against theft, breakage, environmental damage, and other risks. Theft or loss of any portable computing equipment used for City business must be reported immediately to a department supervisor and the IT Manager. Users should shut down computer workstations when absent for an extended time, such as for the weekend or for vacation. Users may, however, log off their workstations and turn off the monitor, instead of shutting down, when absent for less than 24 hours. Users must lock their workstations (press Ctrl -Alt -Del keys) when away from their desk or office, however, all computers connected to the City's page 30 network remaining inactive for at least 5 minutes will lock automatically and have a password protected screensaver activated which will require re -authentication to unlock. 5. Data 5.1. Data Practices Data that the City maintains in an electronic format is government data and, as such, is subject to classification and access under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Users should understand that electronic data may not be completely secure. They should also understand that email messages and Internet transactions, including those they delete or erase from their own files, may be backed up or recorded and stored centrally for system security and investigative purposes. Emails and records of Internet activities may be retrieved and viewed by someone else with proper authority at a later date. It is the User's responsibility to use care in communicating information not meant for public viewing. Because electronic communication systems, such as facsimile, email and Internet systems may not be secure, it is recommended that employees not send any data classified under the Minnesota Government Data Practices Act as not public (private or confidential data on individuals or nonpublic or protected nonpublic data not on individuals) through unsecured facsimiles, email, or Internet systems unless the data is encrypted or encoded. Users should contact the IT manager with any questions about encrypting or encoding data. 5.2. Record Retention Schedules Record Retention Schedules are the same regardless of the medium used to create or store the record. As a result, many electronic records and email messages are official records of the City and must be retained in accordance with the City's approved Record Retention Schedules appropriate for the type, nature, and content of the record. Improper disposal of an official record may subject the employee and the City to legal sanctions and other administrative or legal consequences. The same rules that are used to determine if a paper or videotaped record should be retained apply to electronic records or email messages. 5.3. Data Ownership and Expectation of Privacy All information developed in or introduced to the City's IT system by a network User in conjunction with the User's job duties or performance of services for the City is considered property of the City. As a government agency, the City is subject to laws page 31 governing data privacy and records retention. All files and documents, including email messages and Internet logs, are owned by the City and may be subject to requests under public records law. Users have no expectation of privacy with respect to their use of the City's IT system. City -owned computers, telephones, facsimile machines, email and Internet systems are the property of the City and any and all software, data, or other information stored on a City -owned electronic device may be monitored, read, examined, seized, or confiscated. Therefore, Users should not expect that any facsimile, voicemail, email message, either sent or received, or any Internet activities conducted using the City's IT systems are private. When a User terminates employment with the City or otherwise ceases to perform services for the City, the User gives up his/her rights to all data, voice mail, email, email contacts and cell phone contacts stored on the City's IT systems to the City. All of these items are City property. After termination of employment or when a User no longer provides services for the City, the City is no longer responsible for maintaining or keeping data related to the User on file unless maintaining the data is necessary to comply with record retention requirements. The information may be deleted without notice to the User. Any User who terminates employment with the City or otherwise stops performing services for the City must leave all existing files and City data organized in an orderly fashion. 5.4. Data Storage All City data must be saved to a network drive found on the City server. Users are responsible for deleting outdated files that are no longer needed (in compliance of the City's Record Retention Schedules); this includes data files and email messages. The City Clerk should be contacted if staff has questions or concerns regarding the City Record Retention Schedules. 5.5. Portable files To facilitate off-site work, Users may copy appropriate files, including word processing files, spreadsheets, and presentation graphic files to and from removable media, such as diskettes/CDs or USB "flash drives" only with the permission of a department supervisor. Files or information may be copied to or from City computers only to the extent necessary to facilitate on-site or off-site work. A current copy of any file(s) copied to or from removable media must be maintained on the City server. Prior to reinstalling the portable file media back onto the City system, the employee shall be responsible for performing a virus scan to ensure that malicious software is not introduced into the City system. page 32 5.6. Data Security The IT Manager regularly backs up all data stored on the City's file servers. Workstation hard drives (c -drive) are not backed up on the City's file server. 6. Copyright and Licensing City -owned software may not be installed on non -City -owned equipment unless there is prior approval from a department supervisor and the IT Manager. Any software programs, such as custom designed Microsoft Access databases, developed for use by the City is the property of the City. Such software programs may not be sold or distributed without prior approval. The City of Mendota Heights complies with all software copyrights and terms of all software licenses. Users may not duplicate licenses, software, or related documentation. Any such duplication may subject Users and/or the City to both civil and criminal penalties under the United States Copyright Act. If there is any question about the legality of the software and documentation, it should be directed to the IT Manager. To prove legal ownership of software, the City must have the original media and manuals stored on City property. The IT Manager may periodically check for software that may be in violation of the City's Technology Use Policy. 7. Allowable Uses 7.1. Personal Use This policy is not intended to prohibit Users from using technology within the organization for personal use, however, personal use shall be done in a reasonable manner, respectful of the rights and dignity of all, and may be limited by a department supervisor and/or department head for any reason. A User's personal use of any City IT system must not interfere with the User's job duties or performance of services for the City. The following controls are necessary to protect the City's equipment and computer network and prevent Users from abusing the privilege of using technology for their personal use: • Only Users, as defined by this Policy, may use City -owned equipment. Family members or friends of Users are not allowed to use City equipment or technology resources. page 33 • Personal use must take place during non -work hours (breaks, lunch hour, before or after work). Personal use should never preempt work use. • If a User wants to use or connect the User's own flash drive, CD or disk to City -owned systems the User must have prior approval from a department supervisor and must follow provided directions for protecting the City's computer network. Personal cellphones and audio/video devices such as mp3 players are prohibited. • Files from appropriate personal use of the City's equipment may be stored on the User's computer's local hard drive, providing the total size of all personal files does not exceed 50 MB. At no time may personal files that contain copyrighted material, such as mp3 files or photos, be stored on City computer systems. • The City may inspect any data or information stored on its equipment or network at any time, even if the information is personal to the User. • City IT systems shall not be used for any purpose which is malicious, discriminatory in nature, illegal, or which would reflect negatively upon the reputation of the City of Mendota Heights or any official of the City of Mendota Heights. Use of City equipment or technology for personal business interests, for-profit ventures, political activities, or other uses deemed by the City Administrator to be inconsistent with City activities is not allowed. If there is any question about whether a use is appropriate, it should be forwarded to the City Administrator for a determination. 7.2. Internet The City provides Internet access to Users for work on City business. Use of the Internet by Users is encouraged (and in many cases required) for work-related purposes. Occasional personal use of the Internet is acceptable, provided it does not interfere with a User's job duties and is consistent with all other provisions of this Policy. The following controls are necessary to protect the City's equipment and computer network and prevent Users from abusing the privilege of using the Internet for their personal use: • Internet use during work hours must be limited to subjects directly related to a User's job duties. Personal use of the Internet must take place during non - work hours (breaks, lunch hour, before or after work). • Users' personal use of the Internet must be limited to websites that are appropriate in the workplace. Users may not at any time access websites that are inappropriate or disruptive in a work setting. By way of example, inappropriate and disruptive websites include, but are not limited to, adult entertainment sites or any other website containing sexually explicit material and websites advocating intolerance of any race, religion, or other group of people in a manner that would violate City policies related to a respectful workplace or prevention of discrimination and harassment. If you are unsure page 34 whether a website may include inappropriate information, you should not visit it. • No software or files may be downloaded from the Internet unless approved in advance by a department supervisor and/or IT Manager. This includes, but is not limited to free software or downloads, maps, weather information, toolbars, music or photo files, screensavers, and games. Clipart downloaded through Microsoft Office is acceptable provided User is abiding copyright laws. • Users may not participate in chat groups or instant messaging. • Users are prohibited from conducting the following online activities using the City's Internet access: gaming, shopping, gambling, and auctions. • Users may not engage in social networking and blogging activity using the City's Internet access (including access via the City's wifi) unless the User is required to do so in the performance of his/her job duties. • The City may monitor any employee's use of the Internet for any purpose without prior notice, as deemed appropriate by the City Administrator. 7.3. Email The Email system is a tool to be used for matters directly related to the business activities of Users and as a means to further the mission by providing services that are efficient, accurate, timely, and complete. The City allows Users to access personal email accounts via the Internet provided such access occurs during non -work hours (breaks, lunch hour, before or after work) and fully complies with this Policy. A User's personal email (and other personal documents) accessed via a City computer could be considered "public" data and may not be protected by privacy laws. Personal email and computer use may be monitored as directed by the City Administrator and without notice to the User. Users should not expect privacy in any activity conducted on a City -owned computer. Automatic forwarding of city email to personal email accounts is prohibited. Email messages sent or received using the City's email system are subject to regulation under the Minnesota Government Data Practices Act. Users must not expect privacy with respect to their use of the City's email system. For example, a User's email correspondence could be disclosed by the City in accordance with a request for public data under the Minnesota Government Data Practices Act. Users are responsible for adhering to business standards when email is created, sent, forwarded, or saved using the City's email system. Business standards include: • Using appropriate and professional language. • Using the City's email system in compliance with all applicable City policies, including policies related to a respectful workplace and prevention of harassment and discrimination. page 35 • Refraining from gossip, harassing or insensitive language, inappropriate jokes, and insulting comments. Failure to adhere to business standards puts the City and the User at risk for legal or financial liabilities, potential embarrassment, and other consequences. Email is subject to the Minnesota Data Practices Act. Critical email correspondence and attachments should be saved to an appropriate location on the City's network. Unnecessary email should not be kept for an extended period of time. Delete all inbox, sent, and deleted messages that are no longer needed, adhering to the City's Record Retention Schedules. 8. Prohibited Use 8.1. General Prohibitions All Users of the City's IT systems, including Internet, Intranet, and email, are strictly prohibited from transmitting, accessing, or receiving material of the following nature: • Illegal or criminal activities; • Items sold on the Internet for personal profit; • Threatening, intolerant, hateful, violent, or harassing material; • Obscene, offensive, or sexually explicit material; • Mass mailed jokes and other chain letters; • Games, gambling, wagering, or selling chances; • Fundraising or charitable solicitations, except for City -approved activities; • Unauthorized software programs or executables; • Applications for a City -owned smartphone, tablet, or other mobile device (unless the User receives prior permission from a department supervisor and the IT manager; if a User downloads an application without permission, the User will be responsible for paying any expenses incurred by the City); • Non -business audio, video or image files, copyrighted material, or large data files not directly related to City business; • Political or religious promotion; • Access resulting in unauthorized expense to the City; • Activities that interfere with or disrupt network users, services, or equipment, including mass distribution of messages, intentional distribution of viruses, or seeking unauthorized access to other computers or systems; • Chat or instant text messaging; and • Unauthorized proxies or peer-to-peer networking. Police Department personnel that are using the Internet, Intranet, or other IT devices in the course of investigating a criminal matter are exempt from the aforementioned provisions. page 36 Users are prohibited from downloading or installing any software through the Internet, email, or any other source without prior approval from a department supervisor and the IT Manager. Users are not allowed to change the computer setup or configuration files. 9. Access 9.1. Remote Network Access Remote access is defined as the ability to connect to a computer or network from a distance, such as from home, a hotel, a conference, or an Internet kiosk. Remote access to the City's network, or any City -owned device, may be granted upon meeting the following conditions: • Remote access must be for a business-related purpose approved by a department supervisor and the IT Manager. • Only methods authorized, configured, and supported by the City will be used to remotely access City IT systems. • While remotely connected, nobody but the authorized User may have access to the computer making the connection. • The remote computer must comply with current anti-virus and security parameters as specified by the IT Manager. Please contact the IT Manager if you have any questions regarding anti-virus software. • Remote access is generally limited to employees who are classified as exempt and who frequently work independently on City business. Non- exempt employees may be given access based on their job duties with approval of their supervisor. Users should follow proper data practices protocols as directed by the Minnesota law and the City's Record Retention Schedules. Users are prohibited from storing City data on home or personal computers without prior approval from a department supervisor. 9.2. Wireless Access Unauthorized wireless access into the City's network is strictly prohibited. Employees are prohibited from installing any wireless computing device or access point equipment on City equipment or property. page 37 10. Office/Cellular Telephone 10.1. Office Telephones Telephones may be used for incidental personal use as long as it does not interfere with the normal duties of the User and all guidelines are followed. Use of office telephones must meet the following standards: • Telephones must be used primarily for City -related business. • Any communication that may constitute verbal abuse, threats, intimidation, sexual harassment, or harassment of any kind is strictly prohibited. • Use of telephones for personal business interests, for-profit ventures, political activities, or other uses deemed by the City Administrator to be inconsistent with City activities is not allowed. If there is any question about whether a use is appropriate, it should be forwarded to the City Administrator for a determination. • Employees are responsible for reimbursing the City for any personal long distance charges reported on the monthly statements, including taxes and fees associated with such personal use. 10.2. Cellular Telephones This left intentional blank. This section is currently under consideration. 11. Maintenance and Support 11.1. File Names and Storage Space Usage, Limitations, and Maintenance The City reserves the right to set file naming conventions and manage the use of file storage space on any City -owned or used equipment. Such management includes, but is not limited to, which storage devices are used for specific purposes, limitations on the amount and type of storage used, and maintenance of storage such as deletion or archiving of older or infrequently accessed files, duplicated files, file versions, and files that should be managed per the City's Record Retention Schedules or other electronic retention policies. 11.2. Safeguard Policy Great care should be taken with City technology devices. Do not leave laptops, cell phones, and other devices or equipment in cars or unsecured areas. In the event that City technology equipment is stolen or lost, please contact a department supervisor. If a department supervisor cannot be reached, please call the IT Manager at 612-730-8423. page 38 11.3. Equipment Maintenance & Disposal The City will inventory and maintain a record listing City -owned hardware and software. When computers, removable media and software are no longer in use, they will be securely destroyed. This includes, but is not limited to, hard drives, cell phones, CD/DVDs and copy machine hard drives. 12. Social Media This left intentional blank. This section is currently under consideration. 13. City Website The website is provided as an additional communication tool between the City and the public it serves for the purpose of communicating City business. The website is not intended as a public forum for general debate or the free exchange of ideas. Information related to events or business not sponsored by the City shall not be permitted. However, as outlined in this Policy, the City may use the City's website to provide external links to other websites or notify the public of certain events within the community. All information on the City's website will be provided in the most positive, professional, user-friendly manner possible. 13.1. Participation Departments are expected to actively participate in maintenance of the website, and must check their department information on a monthly basis to ensure that information is current and fresh. Updates shall be provided to the Webmaster email address. 13.2. External Links The City may post external links to other websites within the City's own website in accordance with the following criteria: • The information in the external website promotes economic welfare, commerce, and tourism in the City; and • The information in the external website provides information regarding government or public services that is useful and informative to all City residents. page 39 Since the City's website is not a public forum, the City will not post external links to websites that advance political or religious causes, advocate for specific political candidates, or otherwise advance special interests or business interests that do not fall within the criteria outlined above. The City shall not be responsible for and does not endorse the information on any linked website, nor does the City guarantee the accuracy, completeness, or timeliness of the information on those websites. The City is not liable for defamatory, offensive, or illegal conduct of linked websites. The links from the City's website to other websites do not constitute or imply endorsement or recommendation on the part of the City. Any organization meeting the above criteria seeking to link to the City's website shall make a request to the City Administrator or IT Manager. The City reserves sole and exclusive right to determine whether an organization or entity meets the enumerated criteria, and whether to approve the link. The City also reserves the sole and exclusive authority to discontinue website linkage based upon this policy as interpreted by the City. 13.3. Event Promotion The City may use its website to inform the public of certain events within the community, provided an event meets the following criteria: • The event is a City -sponsored event; • The event is a public meeting of a government entity that will take place within the City; or • The event is a Community -wide event that is open, without charge, to the general public and promotes economic welfare, commerce, and tourism in the City. The City reserves the right to approve any and all event promotion materials and language before promoting the event on the City's website. Since the City's website is not a public forum, the City will not promote events that advance political or religious causes, advocate for specific political candidates, or otherwise advance special interests or business interests that do not fall within the criteria outlined above. 13.4. Disclaimer The City will make every effort to ensure the accuracy of the information provided on its website. However, due to the possibility of unauthorized modification of the data, transmission errors, HTML browser incompatibilities, human error, changes made since the last update to the website or other aspects of electronic communication page 40 that are beyond the City's control, the City does not guarantee the accuracy of the information provided on its website and is not liable for reliance on the information. 14. Training & Documentation Department heads shall be responsible for addressing staff technology training needs as part of the development of their annual budgets in an effort to ensure each User is adequately trained to accomplish the User's job duties. Annual training needs shall be reviewed with Administration in order to determine if there are cross -departmental needs. Technology training needs will be prioritized based on amount of need, training funds available, and applicability to job functions. 15. Disciplinary Action Violation of this policy may be grounds for disciplinary action, up to and including termination of employment with the City of Mendota Heights. Discipline does not preclude separate criminal penalties resulting from an employee's illegal use of any IT systems. All discipline shall be in accordance with the City's personnel policies and applicable labor agreements. page 41 APPENDIX A IT PROCEDURES Request for a new user account: All new user accounts, additions or deletions, will be directed to both the Assistant to the City Administrator/HR Coordinator and the IT Manager. Department maintains a list of work-related authorizations as necessary. Reporting problems: When requesting IT service or support, please complete with as much detail, one of the following forms: 1. IT Helpdesk Form on the Intranet; or 2. The IT Service Request Form. Please note, details could include error messages, information about what was going on and where were you located when it happened, what troubleshooting steps were already taken? After hours support: Business hours are considered to be hours which City Hall is open, generally 8am-4:30 pm Monday through Friday. Hours outside of this timeframe are considered after hours. These procedures are designed to address technology problems that severely impact core operations, not minor equipment malfunctions that may be remedied by a temporary work around. End user Procedure: 1. If possible, start a helpdesk ticket at http://intranet.mendota- heights.com:81/portal/page/11-it-helpdesk. The more details included in the ticket, the better. 2. If the issue is technical and impairs core operations after hours, call 612- 730-8423 to reach IT or leave a message. 3. IT will respond to urgent issues within 60 minutes or as appropriate to the situation. 4. In the event the issue is not immediately resolved, IT will provide updates when possible until the issue is resolved. page 42 Incident Criteria: An after-hours response will occur if there is a technical problem that severely impacts core operations (aka mission critical) and there is no work around available. Examples of mission critical issues that DO require an after-hours response: • No network connectivity for multiple computers/squad laptops • Malicious software/virus attack or security breach affecting all devices on the network • Alarm state in the Mendota Heights IT server room • Email server unavailable • City wide -incident response related (natural disaster, public events, etc.) • LOGIS applications unavailable for multiple users • Internet unavailable for multiple users Examples of non -mission critical issues that will not be addressed until normal city hall hours (items of this nature will be addressed based on priority): • Non-functioning camera • Inability for single user to print • Cell phone not working • One workstation/squad laptop unable to login • One user unable to connect to the Internet Additional support contacts for police: CJIIN: provides support 24/7/365 at 651-438-8348 If, the call is after normal business hours follow the prompts to get assistance. You do not need to discuss a CJIIN call for help with a supervisor before calling. If the problem is not urgent or relates to recommendations or how to questions you may submit an email on the CJIIN home page. ProPhoenix: For errors while entering information into the program call 609- 953-6850 for support, please use your department issued cell phone. You do not need to check with a supervisor before calling. LOGIS (CAD, Bi -web & APS ticket writer): Please check with a supervisor or Sue Donovan before calling LOGIS. LOGIS provides 24/7/365 support at 763-230-7199 (fee-based). Additional support contacts for fire: • LOGIS (CAD) — provides 24/7/365 support at 763-230-7199 (fee-based). page 43 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei ghts.corn s CITY OF MENDOTA HEIGHTS DATE: July 21, 2015 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener, Chief of Police & Emergency Manager SUBJECT: Resolution 2015-54 Dakota County Electronic Crimes Task Force Joint Powers Agreement (JPA) reauthorization BACKGROUND In 2013 the City Council was briefed on the need to have the capacity to work on electronic devices used in the commission of crimes. Over the course of 2014 the Dakota County Chiefs of Police work to develop a collaborative effort to enhance the investigation of crimes in the county specifically related to gathering electronic evidence. In October of 2014 the City Council authorized the participation in the Dakota County Electronic Unit (ECU). The unit is up running and actively solving crimes and assisting in the daily work of all the members. The JPA that was presented in 2014 had Inver Grove Heights listed as a member providing an officer to the unit. This did not happen due to budget issues. Two weeks ago the Dakota County Attorney providing legal services to the unit advised the board of directors that the JPA needed to be redone as the original was never fully executed in accordance with the agreement. The new agreement has added language that will allow membership to be adjusted in the future without need to redo the entire agreement. ATTACHED • JPA (with all signature pages removed except Mendota Heights) • Resolution No. 2015-054 Dakota County Electronic Crimes Task Force Joint Powers Agreement BUDGET IMPACT The City of Mendota Heights paid $15,000 in 2015 to participate in the JPA Task Force. These expenses are included in the 2015 Police budget. RECOMMENDATION If Council desires to implement the recommendation, pass a motion authorizing the Acting Mayor to sign Resolution 2015-54; "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE JOINT POWERS AGREEMENT," and execute the agreement. page 44 City of Mendota Heights Dakota County, Minnesota RESOLUTION 2015-54 RESOLUTION 2015-054 FORMALLY AUTHORIZING PARTICIPATION IN A JOINT POWERS AGREEMENT (JPA) "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE." WHEREAS, the City of Mendota Heights desires to have the ability to contact neighboring communities for aid assistance; and WHEREAS, the Minnesota State Statute requires a resolution to enter into a JPA; and WHEREAS, the City recognizes the need to have all agreements accurately reflect the work being done and membership; and WHEREAS, the City recognizes that the advances in technology require a continuing investment in training and resources; and WHEREAS, the City wishes to provide the highest level of service to its citizens and all victims of crime; and WHEREAS, the City understands that the ability to investigate these cases continues to exceed the capacity of the police department(s) individual investigative divisions and WHEREAS, the City understands the responsibilities vested in them to provide for the health, safety and welfare of the community; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to enter into an agreement that would expand the resources available to them and our neighbors to solve crimes. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights has by RESOLUTION 2015-54 FORMALLY AUTHORIZIED PARTICIPATION IN A JOINT POWERS AGREEMENT, "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE." Adopted by the City Council of the City of Mendota Heights this 21 s` day of July 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Liz Petschel, Acting Mayor ATTEST: Lorri Smith, City Clerk page 45 FINAL DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of criminal laws in their respective jurisdictions . This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes §471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: Name. The parties hereby establish the Dakota County Electronic Crimes Task Force ("Task Force"). 2. General Purpose. The purpose of this Agreement is to establish an organization to coordinate efforts to investigate illegal activities related to the use of electronic devices, the Internet, and materials transmitted or used in electronic form and the prosecution of those conducting such illegal activities. 3. Parties. The parties to this Agreement are the following units of government: City of Apple Valley City of Mendota Heights City of Burnsville City of Rosemount City of Farmington City of South St. Paul City of Hastings City of West St. Paul Dakota County 4. Administrative Board. 4.1 Creation and Composition. A joint powers board, known as the Electronic Crimes Task Force Administrative Board ("Board"), is established for the purposes contained herein with the powers and duties set forth in this Agreement. The Board shall consist of one member from each of the law enforcement units of government that participates in the Task Force, appointed by their respective police chief or sheriff. Board members appointed by police chiefs and the sheriff must be full-time supervisory peace officers of their jurisdiction or office. The police chief or sheriff may appoint an alternative member to attend Board meetings if the appointed member is unavailable. Alternates must be full-time supervisory peace officers from their jurisdiction or office. Board members shall not be deemed employees of the Task Force and shall not be compensated by it. At the discretion of the Dakota County Attorneys, the Dakota County Attorney's Office shall serve the Board in an advisory capacity. The fiscal agent shall maintain a roster of current Board members and appointed alternates. 4.2 Term. Board members and alternates shall serve at the pleasure of their respective police chief or sheriff. In the event that any Board member shall be removed by the appointing agency, the vacancy shall be filled by the appropriate appointing agency. 4.3 Officers. At its initial meeting after execution of this Agreement by all parties, the Board shall elect from its members (but not alternates) a chair, a vice -chair and a secretary/treasurer. . The officers shall serve in their respective positions until the Board meets in January 2016, when Board members shall again elect from its members a chair, a vice -chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. In January of each subsequent year the Board shall meet and elect from its members a chair, a vice -chair, a secretary/treasurer, , and such other officers as it deems necessary to conduct its meetings and affairs. Officers shall serve for a term of one (1) year or until the officer ceases to be a board member, whichever is shorter. page 46 4.4 Meetinqs. Except as provided in Paragraph 4.3, the Board shall meet in January of each year and shall have other regular and special meetings at such times and places as the Board shall determine. Special meetings may be held on three (3) days' notice by the chair or any two (2) board members, except that a special meeting to consider adoption of or amendments to the Board's operating rules pursuant to paragraph 6.1 shall require ten (10) days' notice. The presence of two- thirds (2/3) of the Board members at a meeting shall constitute a quorum. 4.5 Voting. Each Board member shall be entitled to one vote. If a Board member is unable to attend a meeting, the duly appointed alternative may attend and vote. Proxy voting is not permitted. The Board shall function by a majority vote of the board members, or alternates, present. 5. Duties of the Administrative Board. 5.1 The Board shall formulate a program to carry out its purpose. 5.2 The Board shall coordinate intelligence between the members and the Task Force. 5.3 The Board shall have prepared an independent audit of the books and accounts of the Task Force and shall provide an audit report to its members if any member requests a financial audit of the Task Force. 5.4 The Sheriffs Office shall provide annually a year-end review/expenditure report of the Task Force's activities. 5.5 The Board shall establish performance and quality control measures and periodically monitor those measures, to include Task Force investigatory practices and policies. 6. Powers of the Administrative Board. 6.1 The Board may adopt and amend such bylaws that it may deem necessary or desirable for the conduct of the business of the Board. Such bylaws shall be consistent with the terms of this Agreement and any applicable laws or regulations. 6.2 The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Board may authorize the chair of the Board to enter into and execute those contracts. 6.3 The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the parties to this Agreement. 6.4 The Board may apply for and accept gifts, grants or loans of money or other property or assistance from- the United States Government, the State of Minnesota, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, property or assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.6 The Board shall maintain liability coverage with the League of Minnesota Cities Insurance Trust (LMCIT) with a limit of at least $1,500,000 per occurrence, under standard LMCIT liability coverage forms. page 47 6.7 Technology equipment required to investigate crimes and analyze evidence seized by Agents of the Task Force shall be contributed and owned by Dakota County. The Board may hold such other property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement make distribution of such property as provided for in this Agreement. 6.8 The Board may create a policies and procedures manual for use by the Task Force. If a policy or procedure adopted by the Board conflicts with a policy or procedure of a member, that member's policy or procedure shall apply to any agent assigned by that member to the Task Force. 6.9 The Board may recommend changes in this Agreement to its members. 7. Budgeting and Funding. 7.1 7.1 The members intend to fund the cost of operating the Task Force through member contributions of funds and staff and by obtaining grant funds and restitution, if available. For 2015, the cities of Hastings, Farmington, Mendota Heights, Rosemount, South St. Paul and West St. Paul each will pay $15,000 to the Task Force fiscal agent to be deposited in the Task Force account. For 2015 each of the cities of Burnsville and Apple Valley will contribute the services of one full-time licensed peace officer. For subsequent years, these cities, as well as any new member cities, each will pay an amount or contribute staffing determined by the Board so that the adopted budget will be adequately funded, provided only that any member may object to a proposed payment as excessive relative to the adopted budget. If a member's objection cannot be resolved, the Board may adopt a revised budget to accommodate the member's objection or an amendment to this Agreement approved by all members shall be approved and executed by each member's governing body. Other members may contribute the services of licensed peace officers as each deems appropriate. 7.2 The Board shall adopt a budget based upon grant funds received, member financial contributions and money made available from other sources. The Board may amend the budget as needed to reflect revenue and expenditure changes. 7.3 Dakota County shall serve as the fiscal agent of the Task Force and shall account for all funds received pursuant to this Agreement according to generally accepted accounting principles. The fiscal agent shall forward reports on Task Force receipts and disbursements to the members on a regular basis. Fiscal agent responsibilities shall include, but not be limited to: management of all funds, including member contributions and grant monies, payment for contracted services and relevant bookkeeping and recordkeeping. No payment on any invoice for services performed by any person providing services in connection with this Agreement shall be authorized unless approved by the Board chair, vice -chair or secretary/treasurer. 7.4 The members agree to contribute their financial contributions , grant funds and dedicated licensed peace officers required to operate the Task Force. 7.5 All funds shall be accounted for according to generally accepted accounting principles. The secretary/treasurer shall make a quarterly financial report of all expenditures and receipts, and current fund balances to the Board. 7.6 The Board may not incur debt. 7.7 The Board's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the receipt of grant funds for that purpose. If insufficient grant funds are received, the Board may reduce the level of reimbursement and/or reduce other expenditures. 8. Agents. page 48 8.1 Each member shall inform the Board in December of each year of the identity of the licensed peace officers to serve as Agents for the Task Force for the following calendar year. The chief law enforcement officer shall have the responsibility for determining the identity of their agency's assigned officer(s). The number of licensed peace officer(s) per member allowed to serve as Agents for the Task Force must be approved in advance by the Board. 8.2 Agents are not employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be compensated by that member. Each party to this Agreement shall be responsible for injuries to or death of its own personnel. Each party to this Agreement waives its right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injury is caused wholly or partially by the negligence of any other party, or its officers, employees or agents. 8.3 The member appointing the Agent shall furnish the Agent with all standard department issued equipment necessary to perform all functions of the Agent. Agents' computers must meet Dakota County standards. Each member shall be responsible for damages to or loss of its own equipment. Each member waives the right to sue any other member for any damages to or loss of its equipment, even if the damages or loss were caused wholly or partially by the negligence of any other member or its officers, employees or agents. 8.4 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent or Half Time Equivalent staffing assigned to the Task Force as described in Section 8.1. 9. Indemnification. The Task Force is a separate and distinct public entity to which the parties have transferred all responsibility and control for actions taken pursuant to this Agreement. The Task Force shall defend and indemnify the parties, and their officers, employees, and agents, from and against all claims, damages, losses, and expenses, including attorney fees, arising from Task Force activities or operations, and decisions of the Board. Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466, or a waiver of any available immunities or defenses. To the fullest extent permitted by law, action by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a(a), provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or agents of any party for any act or omission for which the officer, employee, or agent is gu8ilty of malfeasance in office, willful neglect of duty, or bad faith. Any excess or uninsured liability shall be borne equally by all the parties, but this does not include the liability of any individual officer, employee, or agent which arises from his or her own malfeasance, willful neglect of duty, or bad faith. 10. Insurance. The Board shall purchase general liability insurance for activities of the Task Force as described in Section 6.7. Such insurance shall name each member as an additional insured. By purchasing insurance, the members do not intend to waive, and this Agreement shall not be interpreted to constitute a waiver by any member of limitations on liability or immunities provided by any applicable Minnesota law, including Minn. Stat. Chs. 466 and 471. The cost of the general liability insurance shall be paid from funds of the Task Force. page 49 11. Task Force Supervisory Oversight. The Dakota County Sheriff's Office will provide supervisory oversight of Task Force operations including case assignments, record keeping, intelligence management, management of all property seized, and the execution of stings, arrests, search warrants and similar operations performed by the Agents. The members of this Agreement are not liable for the acts or omissions of the other members of this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other members. 12. Additional Parties. Any additional unit of government may become a party to this Agreement by adopting a resolution declaring its intention to do so and by entering into this Agreement, as it may be amended from time to time, provided that the parties have entered into an amendment pursuant to Paragraph 12 approving such additional member. Such amendment shall be substantially in form of Exhibit A, attached hereto and incorporated by reference. 13. Amendments. Any amendment to this Agreement must be in writing and executed by all of the parties. 14. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. All counterparts and amendments shall be filed with the fiscal agent. 15. Effective Date. This Agreement shall take full effect on January 1, 2015. Members may execute this Agreement in counterparts and need not sign the same original document. The signed Agreement shall be filed with the Board's designated fiscal agent, who shall notify all members in writing of its effective date. The fiscal agent shall also notify all parties of additional parties added pursuant to Paragraph 11 and parties withdrawing pursuant to Paragraph 15.2. 16. Termination and Withdrawal. 16.1 Termination Date. This Agreement shall terminate upon the occurrence of any one of the following events, whichever occurs first: • When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or • When a majority of members agree by resolution to terminate the agreement upon a date certain; or • On December 31, 2017, unless extended by agreement of all of the members. 16.2 Withdrawal. Without the necessity of approval from the parties' governing bodies, any party may withdraw from this Agreement upon 60 days' written notice to the Board. The Board shall notify the members pursuant to Section 16 of the receipt of a withdrawal notice. Withdrawal shall not act to discharge any liability incurred by the member prior to withdrawal. Such liability shall continue until discharged by law or agreement. In the event of withdrawal by any member, the agreement shall remain in full force and effect as to all remaining members. 16.3 Effect of Termination. With the exclusion of technology equipment contributed and owned by Dakota County as described in Section 6.8, upon termination of this Agreement all property of the Task Force shall be sold or distributed to the members in proportion to their respective financial and staff page 50 contributions to the Task Force since its inception. Parties who effectively withdraw from this Agreement will not be entitled to any return of their contributions. 17. Notice. Notice of withdrawal shall be provided by first class mail to the following and to any additional members added pursuant to Paragraph 12: Apple Valley Chief of Police 7100 147th Street West Apple Valley, MN 55124 Burnsville Chief of Police 100 Civic Center Parkway Burnsville, MN 55337 Farmington Chief of Police 19500 Municipal Drive Farmington, MN 55024 Hastings Chief of Police 150 3rd Street East Hastings, MN 55033 Mendota Heights Chief of Police 1101 Victoria Curve Mendota Heights, MN 55118 Rosemount Chief of Police 2875 145th StreetWest Rosemount, MN 55068 South St. Paul Chief of Police 125 3rd Avenue North South St. Paul, MN 55075 West St. Paul Chief of Police 1616 Humboldt Avenue West St. Paul, MN 55118 Dakota County Sheriff Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 page 51 IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute § 471 ,59. Approved by the City Council CITY OF MENDOTA HEIGHTS Date: By: Date of Signature: Attest: Date of Signature: page 52 EXHIBIT A Amendment to Dakota County Electronic Crimes Task Force Joint Powers Agreement Whereas, on or about January 1, 2015, the County of Dakota and the cities of Apple Valley, Burnsville, Farmington, Hastings, Mendota Heights, Rosemount, South St. Paul and West St. Paul have entered into a joint powers agreement establishing the Dakota County Electronic Crimes Task Force (Agreement); and Whereas, the Parties desire to amend the Agreement to add the of as a party to the Agreement; and Whereas, the of a governmental unit of the State of Minnesota, through its duly elected governing body has adopted a resolution approving the Agreement and authorizing its to execute the same; and Whereas, the Agreement provides that any amendments to the Agreement must be in writing and executed by all of the parties. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paragraph 3 of the Agreement to include the of as a party to the Agreement. 2. All other terms of the Agreement shall remain in force and effect unless otherwise amended in accordance with the terms of the Agreement. In Witness Whereof, the parties have executed this Amendment to the Agreement on the dates indicated below. CITY OF MENDDTA HEIDHTS page 53 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: July 21, 2015 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 1189 Bourn Lane Purchase COMMENT.- INTRODUCTION OMMENT. INTRODUCTION The City Council is asked to approve a Purchase Agreement for 1189 Bourn Lane BACKGROUND Over the years, the City of Mendota Heights has been purchasing properties as they have become available on Bourn Lane. The intent is for the City to assemble these individual parcels into a larger single parcel for a future re -use; this has been underway since at least 1991. A representative for the owners of property at 1189 Bourn Lane recently approached the City, stating that his client's property would be available for purchase. The subject parcel is .43 acres, and is shown on the attached aerial photograph (Attachment A) in the middle of the row of smaller parcels, adjacent to the one marked "1199". It does contain a structure, which will need to be removed prior to any eventual redevelopment. (The Mendota Heights Fire Department is interested in its use for a practice burn structure.) A summary of all of the parcel sizes in the Bourn Lane area, and the City investments to date is shown in Attachment B. The properties are currently zoned B -1A. The overall development parcel would be 14.8 acres There is no immediate need to sell the assembled parcel. BUDGET IMPACT Based on an appraisal of the property, a purchase price of $247,000 has been negotiated. page 54 Staff anticipates that the additional costs associated with the clearing of this property will total about $25,000. That price includes the appraisal; the removal of ash (assuming it is burned) or demolition; testing for and the remediation of lead paint and asbestos; the capping of the two wells; and the removal of the septic system on the property. There may be some additional cleanup work which would be needed to be done by the Public Works Department regarding the removal of household items which were negotiated to be abandoned by the sellers. We anticipate that the disposal of those material should be manageable. The source of funding for these expenditures would be from the City's Fund 13. This fund's original balance was from previous land sales by the City of Mendota Heights. It has been the source of funding for some of the previous Bourn Lane purchases. The anticipated balance at the end of this year will be approximately $281,000. This fund has been used for annual transfers into the General Fund, and so there may be some impact on the preliminary FY 2016 budget. At the time that this property is sold for redevelopment, that fund could be reimbursed. However, it could be months or even years before that might take place. RECOMMENDATION I recommend that the Council authorize the execution of a Purchase Agreement for property located at 1189 Bourn Lane. ACTION REQUIRED If the Council agrees, if should, by motion, authorize the execution of a Purchase Agreement for the acquisition of property located at 1189 Bourn Lane. Note: A copy of the Purchase Agreement will be provided to the Council, prior to the July 21St City Council meeting. 1189 BOURN LANE 0.43 Acres (18,753 SQ. FT.) Zoned B -1A Business Park Date: 5/27/2015 N m0 180 SCALE IN FEET City of Mendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. z 3 4 5 6 7 s 9 li Il 12 13 14 I5 16 17 I[ 19 20 21 22 21 24 25 26 27 21 29 3u 31 32 31 34 3s 36 37 31 39 40 41 42 43 44 43 46 47 41 49 Si 71 52 53 Sa 55 56 57 5[ 59 60 61 62 63 64 65 66 67 61 69 70 71 72 73 74 75 76 77 M.S.B.A, Real Property Form No. 23 (2009) Minnesota Standard Residential Purchase Agreement: Fiduciary Seiler PAGE 1 of 9 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT: FIDUCIARY SELLER © Copyright 2409 Minnesota Slate Bar Association, Minneapolis, Minnesota. BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT HATH A LAWYER TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS Minnesota Stale Bar Association disclaims any liability arising out or use or this form WARNING TO SELLER AND BUYER: Sales by persons acting In a fiduciary capacity generally require the assistance of a lawyer with experience In real property law. If you do not understand the terms of this Purchase Agreement, do not sign it until you have been advised by your lawyer. WARNING TO PREPARER: Make no changes to this form unless such changes are visible. 1. PARTIES. This Purchase Agreement is made on [date] , by and between Sandra Jo Dose ('FjM ctary Selli offaddrass] as [select which applies] [KI Personal Representative of the estate of ^ Mary Slrii Gal fname of decedent] who was, a1 the time of death 0 single or [Z) married to [name of decedent's spouse) M Conservator of the estate of [name of protected person[ who is M single or 0 married to [name of pmtecfed person's spouse] 0 Trustee of the [name of Trust] Custodian for under the Minnesota Uniform Transfers to Minora Act [name of rmnor] (� Custodial Trustee for under the Minnesota Uniform Custodial Trust Act [name of benefil © Receiver in the matter of [name of case, name of county, and court file number] E:1 Other. fname of and atiflionly of Fiduciary Seller] (Court approval fsel oriel Q is 0 is not required for this sale) and of [addrassJ who istere. Osrngfe oro married to rind, victual Seller'), SELLER (which, as used in this Purchase Agreement. means all Sellers denldied in this Paragraph 1;, AND City of Mendota Heights as joint tenants [sfnke joint tenants' if tenancyin-comnion is intended or if only one buyer) of Wall BUYER 2. OFFERIACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described ea Lot 4, Block 4, SchouveUer Subdivision, Mendota Helghls, MN - legal to govom ('Property') (Property Tax Iden frcalion Number or Tax Parcel Number 27-66500-01}040 located at 1189 Boum Lane , City of Mendota Heights County of Dakota , Stale of Minnesota, Zip Code 55120 3. ACCEPTANCE DEADLINE, The acceptance dale of this Purchase Agreement is the date it is delivered by the last party signing to the other party This offer to purchase, unless accepted sooner, shell be void at 11 59 A M , on [date] , and in such event all earnest money shall be refunded to Buyer 4. FIXTURES AND PERSONAL PROPERTY, For the purposes of this Purchase Agreement,'FWures' are Name that are embedded in the land or attached to the building(m) and cannot be r9rr oved without clam age to the real property. The method by which the fixture ie'attached' could bescrews, nails, adhesives, or any other mechanical connection which shows Settees intent to make the item a relatively permanent part of the real estate Examples of fixtures are doors and cabinets L' Personi property" includes items Ihat are not attached to the budding(s) or err bedded in the land and that arerernovablewhhoutdamage tothe real property Examples of personal property are free-standing (not built in')appliances and furniture Buyer and Seller should consider carefully the fodures and personal property to be included in the sale For example, a mirror attached to a wall by screws or nails is a futlurs, while a mj= hung from a nail or picture hangers personal property A. FIXTURES INCLUDED IN THE SALE Title to fodures passes to Buyer with the deed All fixtures except Incise excluded is B , below, are Included in this sale such an gaFden-bw*G p+enls ehre6s-4 eesiandscsp ng, storm windows and inserts, storm doors and inserts, screans, awnings, window shades, blinds, curtain -traverse -drapery rode, mirrors, door mirrors, cabinets, counter lops, doors, door hardware, mantels, woodwork, attached lighting fixtures with bulbs, electrical wiring. electric outlets, slectricswilchae. electric nutlet plates and switch plates, all plumbing and piping, plumbing fxtures, sump pumps, water healers, healing systems, healing stoves, fireplace inserts, fireplace doors and screens, built-in humidifiers, built-in or conditioning units, budl4n electronic air filters, automatic garage door openers with controls, television antennas, satellite dishes, water softeners, bust -in dishwashers. garbage disposals, built-in trash compactors, buill-irh ovens and cooking stoves, hood -fans. intercoms, installed carpeting, built --in work benches, security systems, fences. retaining walls, kennels, gates, survey monuments, culverts, sheds, gazebos, M.S.B.A. Real Property Form No. 23 (2009) Minnesota Standard Residential Purchase Agreement: Fiduciary Seller PAGE 2 of 9 trellises, underground irrigation systems. weelhervanos, lightning rods, flagpoles, light poles and lights, outdoor statuary, pumps, mail boxes, mall box posts. and newspaper boxes B. FIXTURES EXCLUDED FROM THE SALE. The following fixtures are excluded from this sale and will be removed by Seller prior to dose le Any damage to the reel property that occurs In Sellers removal of these fixtures will be repaired by Seller prior to closing The following excluded and removed fixtures will be replaced by Seller with a functional equivalent. At dosing or prix to closing. Seller shall provide for payment of, satisfaction of, or release of any existing Irons, claims, or encumbrances on the fixtures, except for the following encumbrances which Buyer accepts or assumes Fist here] 95 C. PERSONAL PROPERTY. Any personal property to be purchased by Buyer is listed on the attached Personal Property Agreement 96 97 S. PRICE AND TERMS. The price for the real property is 91 Two Hundred Forty-seven Thousand and rolloo-------------------------- Dollars {3 247,000.00 - ), 99 which Buyer shal l pay as follows 1� lel Earnest money of S by ]CASH, CHECK, NOTE - stale which] payable to 111)2 fselectone'l lo) Seller, to be deposited and held by Seller (and maybe commingled with Sellers other funds) pending closing, 104 Sellers lawyer, 10 be deposited and heli in the lawyers trust account pending closing, 1107 Q SelWa broker, to be deposited or held by broker according to the requirements of Minnesota Statutes, IW Q Other jdescnbe how the earnest money writ he he 107 receipt of which in hereby acknowledged and $ cash, on , the DATE OF CLOSING los and the balance of S by financing as shown on the attached Financing Addendum 1119 uu 6. DEED! MARKETABLE TITLE. [ 11 A. Upon performance by Buyer, Seller shall execute and deriver a Deed conveying good and marketable title of record, subject to the following Title 112 Exceptions [ Il (1) Building and zoning Iowa, ordinances, elate end federal regulations, and 114 (2) The lien of reel property taxes and the Igen of special assessments and interest due thereon, ri any, payable in the year of closing which by 115 the terms of this Purchase Agreement are to be paid or assumed by Buyer 116 1117 Form of Deed. 113 Fiduciary Seller will convey the Properly using a quit cloy m deed, a limited warranty deed, or a Minnesota Uniform Conveyancing Blank deed form 119 designated for the Fiduciary Seller Any deed given by Fiduciary Seller will include the statement. 'This deed conveys of eracquved title.' 120 121 Individual Seller will convey the Individual Seller's title and ownership in the Property by Personal Representative deed 122 123 B. Title will be delivered to Buyer at closing subjed to the Wowing title issues (check each applicable issue! 124 121 (1) ©Encumbrances, easements, covenants, conditions, restrictions. a declaration (without an associalion),and reservation of mineral rights 126 by the State of Minnesota, as disclosed in M S BA Rea; Properly Forth No 19, ADDENDUM TO PURCHASE AGREEMENT: TITLE 127 ISSUES (2005), attached as a part of this Purchase Agreement 123 129 (2) 0 A Declaration of covenants, conditions, and restrictions with an association in a planned community, condominium. or other common 130 interest ownership community. as disclosed in M.S B.A. Reel Property Forth No. 12. ADDENDUM TO PURCHASE AGREEMENT: III COMMON INTEREST COMMUNITY (2008) attached as a part of this Purchase Agreement 112 131 (3) OThe rights of tenants or other parties in possession, as disclosed In M S B A Real Property Form No. 20, ADDENDUM TO PURCHASE 134 AGREEMENT; TENANTS AND PARTIES IN POSSESSION (2005) attached as is part of this Purchase Agreement 137 136 Although Seller has disclosed these title Issues mind Buyer has Indicated a general willingness to take title subject to these dile issues, 117 these title issues are subject to the other provisions of the Purchase Agreement and to an examination of dde based upon the Minnesota 01 Title Standards and upon Minnesota law. 119 1140 Buyer also reserves the right to evaluate these title issue@ In the light of Buyers intended use and enjoyment of the property Buyer shalf have 141 until the and of the period for stating Title Objections under Paragraph 14., of this purchase Agreement to make Ire evaluation and determine if 142 these idle issues wilt aired Buyer's intended use and enjoyment of the properly Except for matters disclosed under 8 (2), above, and governed 141 by thestafutoryremediesreferencedinM.S.BARealProperlyFormNo12,ADDENDUMTOPURCHASEAGREEMENT:COMMONINTEREST 144 COMMUNITY (2008),IfBuyer, inBuyer's selediscretion,determinesthatthesetitleissueswilladverselyaftectBullintendeduseandenjoyment 147 of the property, Buyer may declare this Purchase Agreement void by nollce to Seller, nedher party shall be Fable for damages hereunder to the 146 other, and earnest money shall be refunded to Buyer It the period for stating Title Objections under Paragraph 14 , passes without Buyers 1141 declaring thal these Idle issueswilt adversely affect Buyers intended useand enjoyment cif the property, trier, subject to Se[lees covenanttodeiiver 143 a good end marketable title of record, Buyer shall take Idle subject. to these tale issues Seller should consider full disclosure of all title issues to 149 Buyer n this Purchase Agreement win addenda to this Purchase Agreemenf Full disclosure os to the substance ofbfle issues allows Buyer an 150 sarlyeppoiYunrry, to ensure that this is the night property for Buyer and to measure the impact on the Buyers intended use or potential enfeyment III of the properly in other words, Buyers consent to take We subject to the existence of title issues must be a fully informed consent if buyer is 152 fully informed early, rt is less likely that Buyer will elect to void this Purchase Agreement ) 153 ❑4 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. 05 A. Prior Years' Delinquent Real Estate Taxes and Delinquent Special Assessments. Delinquent real estate taxes payed Is in years prior to the 156 year of closing and delinquent instaAmenls of specal assessments certified for collodion with real estate taxes payable in years poor to the year 157 of closing, together with penalty. interest and costs, shall be paid by Seller not later than the actual data of closing. 153 159 B. Real Estate Teres Payable In the Year of Closing. Real estate taxes payable in the year of closing shell Isehl fmm (f) or (2)r 160[]x (1) Be prorated between Seller and Buyer {seiect (a) or (b)). 161 (a) On a calender year basis to the actual dale of closing, 162 Q (b) AS follows' Seller %, Buyer %, 16) adjusted between Seller end Buyer at dosing, and paid to the county at closing if then due and Buyer shell assume installments not 164 paid at dosing. 165 Q (2) Not be prorated and the arrive year's taxes shall be jselect (a) or {b)j 166 (a) Pad by Seiler when due, but not later than closing, 167 (b) Assumed by Buyer, to be pad when due and not later than closing d due prior to closing, and Buyer shall remburse 163 Seller at closing for any installments pad by Seller prior to closing 169 Seller shall pay penalty, interest and costs on any delinquent installment of taxes and special assessments payable in the year of dosing If 170 closing is delayed to a later year, real estate taxes payable in ilia year of closing shall be prorated between Seller and Buyer on a calendar year 171 basis to the actual dale of closing 172 173 174 175 176 177 171 179 110 112 ]l3 124 las 116 t97 19a 129 190 191 192 193 194 197 1% 197 191 199 200 201 202 203 204 205 206 207 209 209 210 211 212 213 214 215 216 217 219 219 220 221 222 223 214 225 226 227 221 229 230 231 212 233 234 235 216 237 239 239 240 241 242 243 244 245 246 247 249 249 250 211 252 253 254 255 176 277 251 259 260 261 261 263 264 263 266 267 161 269 M.S.B.A. Real Property Forrn No. 23 (2009) Minnesota Standard Residential Purchase Agreement: Fiduciary Seller PAGE 3 of 9 C. Tax Statements. If lax statements for [axes payable in the year of closing are not available on the Date of Closingthe amount to be used for closing purposes shall be _`% of the prior year's [axes, and such amount shall be (select one]OFULL AND FINAL BETWEEN SELLER AND BUYER 0 ADJUSTED UPON RECEIPT OF TAX STATEMENTS FOR SUCH YEAR (in which case the party obligated to pay the adjustment shall pay it to the other party within 30 days of issuance of the fax statements) D. Homestead Tex Classification. Seller makes no representations [1f Buyer intends to claim the property as Buyer's homestead, Buyer should file Buyers homestead declaration as soon as possible after faking possession and occupancy of the property.] E. Deferred Real Estate Texas. [select one ] [] BUYER 0 SELLER shall pay on date of closing or provide for payment of any deferred real estate taxes (Including *Green Acres" taxes under Minnesota Statutes Section 273.111) payment of which is required as a result of the closing of this sale or the recording of the Deed or Contract for Deed Provision for payment shall baby payment into escrow of r 5 tunes the aslimaled amount of the assessor's reassessment for deferred luxes F. Valuation Exclusions from Assessed Value. Seller makes no representation as to any exclusion from eshrlsaled market value torcertaln home improvements pursuant to Minnesota Statutes Section 273 11, Subd 16 (1997) Any exclusion would expire on the sale of the property and would cause the assessed value of the property to increase for property lax purposes. The increase in assessed value would rause the property taxes to increase and might make the property uneRordable for Buyer If an exGuslon is discovered prior to closing. Buyer may, at Buyer s option (1) Assume payment of the increased property taxes without adjustment to the purchase price of the real property, or, (2) Rescind this Purchase Agreement, in which case all earnest money shall be refunded to Buyer G. Certified Special Assassments. All installments of special assessments certified for payment with the real estate taxes payable in the year of closing shall be (select one]. ® Prorated between 6611erand Buyer on a calendar year basis to the actual dale of dosing, adjusted at closing, and unless otherwise provided in this Purchase Agreement. shell be pad a1 closmg, 8 Pend by Buyer of dosing, Paid by Seller at closing, Q Assumed by Buyer H. Pending Special Assessments. [select one] =BUYER SHALL ASSUME PAYMENT OF ]SCI -LER SRALL PROVIDE FOR PAYMENT OF special assessments pendmg as of the dale of this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing aulhorilies (Sellers provision for payment shall be by payment into escrow of 1 5 tares the estimated amount of the assessments ) If a special assessment becomes pending after the dale of this Purchase Agreement and before the Dale of Closing, Buyer may, at Buyers option: (1) Assume payment of the pending special assessment without adjustment to the purchase price of the real property, or, (2) Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commensurate irxrease in the purchase price of the real property, which increase shall be the same as the estimated amount of the assessment; or, (3) Rescind this Purchase Agreement, in which case all earnest money shall be refunded to Buyer. L Deferred Special Assasemento. [select one.] 0 BUYER f [K SELLER shall pay on dale of closing or provide for payment of any deferred special assessments payment of which is required as a result of the closmg of this sale or the recording/filing of the deed or Conked for Deed Provision for payment shall be by payment into escrow of 1 5 limes the eslimated amount of the deferred special assessments J. All Other Levied Special Assessments, [sated one-) 0 BUYER SHALL ASSUME PAYMENT OF I [K SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the dale of this Purchase Agreement, except deferred special assessments (covered at Paragraph 71, above) K. Taxes land Special Assessments In the Years Following Closing. Buyer shall pay reel estate luxes payable in the years following dosing and special assessments payable therewith, the payment of which is not otherwise provided herein Seller makes no representation cancemvig the amount of future real estate taxes or of future special estiessmants 6. B7kINAee3Tt3ReArPROFeRT1rt1i'Th CUt7pletiorsofehosii't�aflriSkoPloasts an3eller—IfrthaTealPn�pertl"is�arriage�pnartociosmg•9eifer 4ltlatywa�aW ieedO+BHyef�wAtnrn � bwr:i[w u daysa(ieFsustadawiege Meseswiwer �hawelieasi+eNa»ckide SeAerepropoaaF Ferrepairing-Nhe dem age -- f71rrr1Frerdefeilse4�Barer•reeeNes-f+ekerzsneMee�esyetshelF ke+re2businees-dsya le mispeeNhaYealpropeiiy�rid�n eddiho«ieF2�esirieso-de}fs_ Y 4aeteflMie 1Llpe.denwsesan$ Sa+leFs�ropoeaFfersepairsare�sesepfable-to-Beiyer� IF &rrerdees'+5et esoeePt�6dlet'e prepesnlsfer repa+rswilFmn- 1hr�ds'yperiod-lhtrP4saeMeee-iigreenSenF�soenxeNe4l�rd�Fne eeeneot-rnoi�er eherlbe�'efexnded b�ryer S. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller makes no representations 10. CONDITION OF THE REAL PROPERTY. A. Waiver of Statutory Disclosure. Minnemta Suitates Section 513 60 Wil The wall disclosure required under Sections 513 52 to 513 60 may be waived if the Seller and the prospecooe buyer agree in writing Waiver of the disco re required under Sections 513 52 10 513 60 does not waive, limit, or abridge any obligation ror Seller disclosure Created by any other law Seller and Buyer waive the written disclosure required under Sections 513.52 to 517.60. SELLER. SELLER BUYER: BUYER NOTICE REGARDING PREDATORY OFFENDERS: Information about the predatory offender registry and persons registered with the registry may be obtained by contacting the local law enforcement agency or by contacting the Msnnesole Department of Correctiorns at 651-361-7200 or at http:llwww.doc.stats.rrl B. WELL DISCLOSURE. [Check one ofthe folbwfol 0 Seller certifies that Seller does not know of any wells on the real property and will so certify on the Deed or Contract for Dead delivered at dosing ® Wells on the real property are disclosed by Seller on the attached MSOX Real Property Form No21(2005),Well DlsdosureStatement C. SEWAGE TREATMENT SYSTEM DISCLOSURE. [Check either (1) or (2)1 [�1), Seller caddies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency (for example, e city rs municipal sewer system) 0(2). Seller certifies that sewage generated at the properly does not go to a facility, permitted by the Minnesota Pollution Control Agency and Seller's Disclosure of Sewage Treatment System is attached (attach form). [Check either (3) or (6)1 0(3), Seller does not know, if theta is an abandoned subsurface sewage treatment system on the property ®(4). Seller known that [here [strike one.[ are f are no abandoned subsurface sewage treatment systems on the property If Seller discloses the existence of an abandoned subsurface sewage trealment system on the propel then Minnesota law requires that the location of [he system be disclosed to Buyer with a map [Attach Sellers Disclosure of Sewage Trealmenf System with map compfalsd.[ M.S.B.A. Real Property Form No. 23 (2009) Minnesota Standard Residential Purchase Agreement: Fiduciary Seller PAGE 4 of 9 270 D. LEAD PAINT DISCLOSURE. [Chock one ofthelotbwing] 271 Seller represents that the dwelling was constructed on the real properly .n 1978 or later 272 ® Seller represents that the dwelling was constructed on the real property before 1978 (If such housing is located on the real property, 273 attached and made a part of this Purchase Agreement is M S B A Rea) Property Form No 11 (1996), LEAD PAINT ADDENDUM FOR 274 HOUSING CONSTRUCTED BEFORE 1978 ) 273 216 E HAZARDOUS SUBSTANCES, PETROLEUM PRODUCTS, AND UNDERGROUND STORAGE TANKS. Seller makes no representations 277 278 F. PROTECTED SITES, Seller makes no representations I79 2110 G. DISEASED TREES. Seller makes no representations 211 212 H. MECHANICAL SYSTEMS. Seller makes no representations. d13 2114 I. WET BASEMENT. Seller makes no representations 2715 296 J. ROOF. Seller makes no representations 217 289 K. UTILITIES CONNECTIONS. Seller makes no representations 219 290 L CLEAN CONDITIONS. Sehershag rernooehe{fdebfie;trMird firl froi Widbeforethevessellldate 291 Semen~ iiefflova ik?aahrgerbagt end rr, and "1 *884a rhehncildilrrr*reom-eleuri 292 eerdllion6eForai.►repesseserondate Sailor shall remove all personal property not included mthis sale from the real property before possession 293 date 294 295 M. BUYER'S INSPECTIONS, Buyer may have inspections of the properly conducted prior to closing (Cheek the box iftho Adlomitig provrsil 296 apples to this Purchase Agreement.] 0 ADDENDUM TO PURCHASE AGREEMENT: BUYER'S HOME INSPECTION CONTINGENCY, 297 M S B A Real Properly Form No 18 (211)1 is included as an addendum to this Purchase Agreement. 291 299 N. METHAMPHETAMINE DISCLOSURE. (Check only one box, either (1) or (2) ] 3m ® (t) To the best of Setters knowledge, melhamphelamine production has not occurred on the property Sup 0 (2) To the best of Sellers knowledge, methamphetamine production has occurred on the property and Seller's disclosure is continued 302 in Pan B, METHAMPHETAMINE DISCLOSURE STATEMENT, MS.BA Reel Property Form No 22 (2005), included as an 303 addendum to this Purchase Agreement 304 303 0. NCiT16E9F♦1dRPAi2Tz�[3iHN�R�CiUkkT10N9.ifmrr�orlrortfng•reguiel+onse4Feetthrarea►propertra�pyefihesrarrportzon,ngregulahens 306 as•adepledomba+rwwedx�blainad.eFlpea�iaaofitraaowNy+eoordaravpar4xlkiawnetlaraa +oaaiect. 307 309 P. WARRANTIES DO NOT SURVIVE CLOSING. Sellers warranties and reprasenlallons contained in this Paragraph i0., shall not survive the 309 delivery of the Dead or Contract for Deed. 310 Ill This Paragraph 10, shall not charge or affect any rights that Buyer might have underthe Ur form Commercial Code [Minnesota Statutes Section 336 2- 112 3121, or under Minnesota's 'Prevention of Consumer Freud Act' [Minnesota Statutes Sections 325F.68 — 70], or under MinnssoWs'Homeowners 30 Warranty Acr IMrnnescle Statutes Chapter 327A], nor shall it preclude Sellers Imbanty for an action for fraud, negligent misrepresenlalion, or other 114 actions allowed by law [Minnesota Statutes Section 513 57.) 315 316 11. DISCLOSURE OF NOTICES. Seller makes no representations 317 319 12. TRUTH4N-HOUSING. Buyer acknowledges receipt of the Truth-m-Housrrg Disclosure Report or other inspection report a required by this 319 municipality in which the real property is located 320 321 13. POSSESSION. Seller shell deliver possession of the property not later than date of closing 322 All interest, fuel oil, liquid petroleum gas, and all charges for city water, city sewer, akictrrcrly, and natural gas snail be prorated between the parties 323 as of dale of dosing 324 325 14. TITLE. 326 A. ABSTRACT AND EXAMINATION OF TITLE To demonstrate that tale to be conveyed to Buyer is goad and marketable of record, within a 327 reasonable lime after acceptance of this Purchase Agreement. Sellar shall fumish Buyer with an Abstract of This (see 6, below] or a Registered 321 Property Abstract certified to date irKAAmlit proper searches covering bankruptcies and stele and federal judgments, federal courtjudgment Irene 329 in favor of the U S , [rens, and levied and pending special assessmards Buyer shall have ten business days after receipt of the Abstract of Tale or 330 Registered Property Abstract either to have Buyer's lawyer examine the tale and provide Seller with written Tale Objections or, at Buyers own 331[ expense, to make an application for a title insurance policy and notify Seller of lha application Buyer shall have ten business days after receipt of 332 the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written Tale Objections Buyer shall be deemed to have 333 waived any Tale Objections not made within the ten day period above If Buyerobtains Idle insurance, Buyer is not waving the right to oblash a good 334 and marketable title of record from Seller 333 For the purposes of this Purchase Agreement, an'Objedhon to Title' or'Tdle Objection' is some title matterwhich fails l0 pass a tale examination 336 based upon Minnesota low and the Minnesota Title Standards promulgated by the Reel Property Section of the Minnesota Stele Bar Association "It thereby rendering the lrtle unmarketable and is a Idle metier which requires a remedial response by the Seller pnor to or at closing 331 An -Exception to Tdle' or'TAIe Exceplwri' is same Idle matter which passes a Idle examination based upon Minnesota law and the Minnesota Title 339 Standards, is generally regarded by title examiners as not rendering the title unmarketable and, which, because of its nature, is generally disclosed 340 by Idle examiners to the reclprend of the title opinion or tale Insurance commitmen! 341 342 B. ABSTRACT LOST OR UNAVAILABLE: TITLE INSURANCE If Seller is unable to find the Abstract of Title or it Seller did not receive an 343 Abstract of Tale when Seller purchased the Property, then, to demonsirata that Sellers late is insurable for marketability and subject to only those 344 matters disclosed at Paragraph 6. above, within a reasonable time after acceptance of this Purchase Agreement, Sailer shall furnish Buyer with a 345 Commitment for Title Insurance including proper searches covering bankruptcies and slate and federal judgments, federal court judgment Tars in 146 favor of the U S , liens, and levied and pending special assessments [Seller see Advisory behol The Commitment shall be obtained from [soled 347 one ] 341 The tdie 9lsurer of Buyers choice, or, 349 0 The following tate insurer 130 The Commitment shall contain the insurers requirements for deleting these exceptions in the owner's policy (except for those matters accepted by 351 Buyer in this Purchase Agreemel 352 (t) Rights or claims of parties in possession, not shown by the public records 333 (2) Easements, or claims of easements, not shown by the public rerords. 354 (3) Discrepancies, conflicts in boundary Imes, shortage in area, encroachments, end any facts which a correct survey and inspection of the 335 premises would disclose and which are not shown by the public records and, 356 (4) Any lien, or right to a lion, for servicas, labor or material furnished, imposed by law and not shown by the public records 337 Seller shall provide to Buyer and l0 the Idle insurer al[ documents [except a survey, unless Seller is required by other provisions of this Purchase 351 Agreement to provide a survey] necessary to enable the idle insurer to delete these exceptions from the owners policy of tale insurance Buyer shall 359 have lan business days after receipt of the Commitment for Tale Insurance to provide Seiler with a copy of the Commitment and written Title 36U Objections Buyer shall be deemed to have werved any The Objections not made within the ten day period above By agreeing to receive title 361 insurance in heu of an Abstract, Buyer is not watvug the right to obtain a good and marketable title of record from Seller. [Buyer see Adviscryheiaw i 362 M.S.B.A. Real Properly Form No. 23 (2009) Mlnnesola Standard Residential Purchase Agreement: Fiducia Seller PAGE 6 of 9 363 Select one of the following.- 364 ollowing:364 M The CommitmerlshallbeaccompaniedbyatSeflersexpense,theinsurersagreement(ortheseparateagreementofaMlnnesololicensed 365 abstracter) to provide Buyer with an Abstract of Title aI any time in the future The sbslracl Lobe provided shall beat no cost to Buyer for 366 ell abstracting through the date of recording of the instrument of conveyance contemplated by this Purchase Agreement Seiler shalt pay 367 all commitment, abstracting, examination, searches, and We insurance costa, including the premium for the owners policy and excluding 361 the premium for the lender s policies J69 [] The Commitment will not include the'ansurere or abstracters agreement to provide Buyer with an Abstract of Title at any Lune of no cost to 370 Buyer Seller shall pay all creel itmen[, abstracting. examination, searches, and Idle insurance costs including the premiums for the owner's 371 and the lander's policy 372 ' ADVISORY TO SELLER: You should consult with your lawyer about the comparative costa of paying an abstract company to produce e 373 new Abstract of 7111e versus paying the Buyers title Insurance costs. In many Minnesota counties, it is Isms expensive to obtain a new 374 IL Abstract. 375 ADVISORY TO BUYER: You should consult with your lawyer about the relative merits of receiving an Abstract of Tltie versus receiving 776 ■ title Insurance policy. As a future eller of the same property, you likely will be asked to give your buyer an AbalracL If your Seller does 377 sat obtain the title Insuranes ondoresmant for future production of an Abstract, you might be facing a large expense when you sell. 371 379 Mil 311 312 313 314 315 J16 317 311 319 390 191 392 393 394 395 396 397 391 399 400 401 402 403 441 403 406 407 401 409 oto 411 412 411 414 413 416 417 411 419 420 421 422 423 424 423 426 427 421 429 430 431 432 433 434 433 436 437 411 439 MO 441 442 441 444 445 446 447 441 449 450 43t 452 453 454 05 436 417 15. TITLE CORRECTIONS AND REMEDIES. Seller shalt have a limited time, from receipt of Buyers written Title Objections. to make Idle mafketable Upon recall of Buyer's Title Objections, Seller shall, within len business days, give Notice to Buyer of Sellers intention to make title marketable within the title-daanng cure period selected in C.(1 ) or C (2) below Liens or encumbrances for liquidated amounts which can be released by payment or escrowfrom proceeds of dosug shall not delay the closing Cure of the defects by Seller shall be reasonaWa, diligent. and prompt Pending correction of title, all payments required heroin and the closing shall be postponed As an alternative to making tills good and marketable of record, Seller may, within the fen day Notice period, make a written, dated offer to Buyer to obtain Idle insurance for Buyer with insuring provisions acceptable to Buyer (and, d applicable, Buyer's lender), as follows • Seller may procure, at Seller's expense, an owner's policy oftitle insurance. from an insurer registered and licensed to do business in Minnesota and acceptable to Buyer, specifically Insuring over the Title Objections, or, • If the Title Objections are slated in a title insurance commitment which Buyer has obtained. Seller may provide the insurer with such documents and escrows as are necessary to allow the 'ensurer to spa ifirally insure over the Title Objections and agree to pay all of the Insurers charges for issuing the owner's paltry to Buyer Under either of these Ulla insuring alternatives, 'at Sellers expense" and 'pay all of the Insurers charges' mean that Seller will pay all Idle insurance commitment and policy premium charges, search charges, plat drawing fees, and any other charge by the insurer to issue the owners policy but not the pramium for a lenders policy, if any If Buyer accepts Seller's offer of an insurable title, then in this Purchase Agreamant.'makug title marketable' shall mean •making Lille insurable.' in Ilse manner descinbed above Buyer is under no obligation to accept Sellers offer plan utsurrabfe title in Ileu of a good and marketable title of record, but. if Buyer does not reject Seller's crier of an insurable title within three (3) Wall days of receiving Sellers offer, Buyer shall be deemed to have accepted Sellers offer of an insurable tine. If Buyer rejects Setters offer to make title Insurable, Seller shelf then make title good and marketable of record and shall be subject to the provisions of this Purchase Agreement for failure to bmely present good and marketable Idle of record A If Notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation es(abtishi g that Idle has been made marketable, and d sol objected to in writing and within 5 business days of receipt al Setlsea documentation, the closing shall lake place within ten business days or on the scheduled closing date, whichever is later B If Seller does not give Notice of intention to make Mla matotable within ton business days afterrecept or Buyer's Ti Objections, this Purchase Agreement hs canceled and the earnest money shall be refunded to Buyer. C. Cure Period and Remedies. Seller shall have fselect chef 30 160 190 1 120 days from recall of Buyers written Title Objections or until the Dale of Closing, whichever dale I9 later, to make title marketable If Notice is given but the slated period expires without Idle being made marketable. Buyer may (1) Cancel this Purchase Agreement bynolice to Seller pursuant to Minnesota Si Section 559 217, Subd 3 (allowing Seller a 15 day right to cure) and neither party shall be liable for damages hereunder to the other, and the lamest money shall be refunded to Buyer, or, (2) Elect to take title subject to the Tole Objections D. If title is marketable, or is mode marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may cancel [his Purchase Agreement pu rsuant to either Minnesota Statutes Section 559 21 or Sedron 5% 217, Sol 3, and retain all payments made hereunder as liquidaled damages ill Under federal law, Seller might riot be able M legally claim or retain the lamest money under purchase agreements where Buyer applies for butis unable to secure F.H.A orOVA mortgage fmanang ] The parties acknowledge their intention that any note given pursuant to this conired m a down payment note, and may be presented for payment notwithstanding cancellation. E If title is marketable, or is made marketsble as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law.. (1) Seek specific performance within ecu months after such right of action arises; (2) Cancel this Purchase Agreement pursuant to Minnesota Statutes Section 559 217, Subd. 3 (alloi Seller a 15 day right to cure) and neither party shag be Gable for damages hereunder to the other, and the saddest money shall be refunded to Buyer. F The remedies listed in this Paragraph 15., are the only remedies available to the parties NOTE: If this Purehaae Agreement is canceled using Minnesota Statutes Section 569,217, contract provisions and statutory provisions for refunding of the earn■et money to Buyer might be In cor lcL 16. NOTICES. An notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 above and, if mailed, are effective as of the dale of mailing -176 96PBB WISHON 9FbANBT-hf+hhe Bele EONsIT[Mi4s9hfegakas� subdrvisisrwLlaadnwadbySaUec.�aularshall-pay<.a ILsuhtllwsuw Qxpensilli mtrFakrelfneoessery^gaverimmtentaFaplSrcaals�9eiternei•e+'rla{hetNee kgeFdaserlptierraFthe reel PraPertfte beeonvnyedfieanxen errriNi3e ep)rrwsd �oRfappf�ing�Y49-DW F Gf CIpeW g, 16. MINNESOTA LAW. This contract shall be governed by the laws of the Slate of Mlnnesola 19, WETLANDS, SHORELAND, AND FLOOD PLAIN CONCERNS. Unless disclosed as'a material faW that could adversely and signs icantly affect buyer's use and enjoyment of the Property or any untended use of the Property, current law does not require Seller to disclose Sellers knowledge, d any, of Ura existence of wetlands, shoreland, erflood pram on oraffecling the real property Jr Buyer has not already investigated those concerns, Buyer might want to u3ckude Sellers disclosures regarding these concerns (Chock the box if ilia folfoNmg prowsr47n applies to this Purchase Agreement f 0 ADDENDUM TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S B A Real Property Form No. 8 (1997), is included as an addendum to this Purchase Agreement 20.SELLER'SAFFIDAVIT. At closing. Seller shall execute and deliver aMinnesota UndorinConveyancing Blank [Form No 5012or5013]Afridavd of Sener Sellers Affidavit shall include Seller's representation that no encumbrances have been placed on the property since the dale of this Purchase Agreement 21. CLOSING. Closing shall beat the office of Sellers lawyer, Buyers title Insurer, oral some other mutually agreeable location. (State other locatron f At dosing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal taut forms The Fiduciary Sellers identifying number shall be for the principal, trust or estate CLOSING COSTS. The costs of closing, it not determined by other provisions of this Purchase Agreement. shall be pad as follows A. SELLER'S COSTS. Seller shall pay the following at dosing 1. Document preparation costs, recording fees, and deed taxes for documents necessary to establish good and marketable title in Seller 2. Document preparation costs, certified copy fees, and recording fees to establish the authority of the person acting on behalf of Seller 3. Document preparation costs for Sellers deed or contred-for-deed. Certificate of Real Estate Value, Sellers affidavit, Well Disclosure Cortificale (if required), and any other documents necessary to transfer good and markelable Idle by Seller's deed or contmel-fondeed 459 459 460 461 462 463 464 461 466 467 461 469 470 471 472 473 474 475 476 477 471 479 490 411 492 491 494 495 416 497 411 499 490 491 492 493 494 495 496 497 499 49'3 300 501 502 303 304 503 5116 507 30s 509 510 111 712 313 314 515 516 517 511 519 320 321 322 323 524 523 526 527 528 329 570 331 532 533 534 333 336 6I7 539 540 541 342 343 544 143 M.S.B.A. Real Property Form No. 23 (2009) Minnesota Standard Residential Purchase Agreement: Fiduciary Seller PAGE l of 9 4. Deed lax on Sellers dead and the Agricultural Conservation deed tax Charged under Muuhesota Statutes Section 40At52 5. Fees payable to Sellers lawyer or to a closer ['title closer'] for conducting the true -transfer portion of the closing. If Seller is not providing a lawyeror title closer for the title -transfer portion of the dosing and if Buyer is obtaining new mortgage financing and the closers fee is nal separated into a'blle dosing fee' and a'loan closing fee,` than Seller shall pay one half of the closers fee or S_ whichever amount is less. 6 And also the following costs None. B. BUYER'S COSTS. Buyer shall pay the following at closing 1 Document preparation costs, recording fees, and mortgage registry taxes far documents necessary for Buyers mortgage final 2 Document fill fee for a Well Disclosure Certificate, if applicable 3 The Agricultural Conservation deed lax on Buyers mortgage deed charged under Minnesota Statutes Section 40A 152 4 Loan closers tae 5. Recording fee for Deed, Contract for Dead, or other instrument of conveyance where Buyer is the grantee 6 And also the follawmg costa 22, ADDITIONAL TERMS. Buyer to pay for capping of any and all was and disposal of any sewage drainfield. 23. ADDENDA. Attached are the following addenda which are made a part or this Purchase Agreement. [Check only those that are attached f FINANCING [Sefecr only one financing addendum f Financing Addendum for Conventional f Privately Insured Mortgage, M S.B.A Real Property Fort No 2 (2006) Financing Addendum for FHA Insured Mortgage, M S B A Real Property Form No 3 (2008) Financing Addendum for VA Insured Mortgage, M S B A Real Property Form No 4 (2006) Financing Addendum for Seller Mortgage, M S B A Real Property Form No. 5 (2005) Financing Addendum for Contract for Beed, M S.B.A. Real Property Foran No 6 (2005) Financing Addendum for Assumption, M S B A Real Property Form No 7 (2005) DISCLOSURE AND CONTINGENCY: [� Addendum to Purchase Agreement: Wetlands, Shorstand, and Flood Plain Disclosure, M S B A Real Property Foran No 6 (1997) Addendum for Contingent Sale or Purchase of Other Home(s), M S.B.A Real Property Foran No B (1997) Lead Paint Addendum for Housing Constructed Before 1978, M S B A Real Property Farm No 11 (19%) X Disclosure of Sewage Treatment System, M S B A Rael Property Form No 14 (2009) Condition of Property, M S a A Real Property Form No 15 (2005) 0 Addendum to Purchase Agreement: Survey, Appraisal, Development Evaluation, and Archeological t Historical Survey, M.S &A Real Property Foran No 17 (2005) Buyers Home Inspection Contingency, M S B A Real Property Form No 16 (2005) X Well Disclosure Statement, M S B A. Real Property Form No 21 (2005) M9thempholamine Disclosure Statement, M S B A Real Property Form No 22 (2005) TITLE ISSUES: BAddendum to Purchase Agreement: Title Issues, M S B A Real Property Form No 18 (2005) Addendum to Purchase Agreement: Tenants and Parties in Possession, M.S S.A Real Property Form No 20 (2005) COMMON INTEREST COMMUNITY: 0 Addendum to Purchase Agreement: Common Interest Community, M S B A Real Property Foran No 12 (2004) Others 24. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement 25. MULTIPLE ORIGINALS. Seller and Buyer have signed /number) I originals of this Purchase Agreement THIS ISA LEGALLY BINDING CONTRACT, BEFORE SIGNING, CONSULT A LAWYER. Minnesota low permits licensed real estate brokers and sales agents to prepare purchase agreements. No recommendation or representation may be nada by any nal estate broker or safes agent as to the legal sufficiency, the legal effeel, or the tax consequences of this contract These are questions for your lawyer. M.S.B.A, Real Property Form No. 23 (2009) Minnesota Standard Residenilal Purchase A re m n : Fidudary Seller PAGE 7 of 9 546 Cerldiceilon 1 cerldy that none of the published text of lhisform has been deleted oraltered except as endicated by strike out or by adddlonal text shown Sal in a typeface different than lire published form 541 sag Name of lawyer or other preparer Thomas R. Lehmann SSn 551 552 Signature of lawyer or other preparer I agree to sell the property for the price and terms and candiUona set forth I agree to purchase the property ror the pfra and tars and conditions above set forth above SELLER BUYER, (dale) (dale) SELLER: BUYER. (date) (dale) This PurOmse Agreement was prepared by - Thomas R. Lehmann ECKBERG, LAMMERS, BRIGGS, WOLFF 8 VIERLING, P.L.L.P. 1609 Northwestern Avenue Sfilhvater, MN 55062 Telephone: (651)351-2133 Email: tlehmann@sckberglammers.mm Others who will asalsf Sellar or R—r wloh this fmn—dirn- Lawyerfor Buyer Telephone Facsimile Thomas R. Lehmann 651-351-2133 651439-2923 Listing Agent and Broker for this transaction are. Telephone Facsimile. Patrick Cropsey 952-201-3670 651-282-1005 Selling Agent and Broker for this trensac6on are. Telephone. Facsimile Buyer's or Lender's Title Insurer Telephone Facsimile 2 3 4 S fi 7 r 9 le ]I 12 13 14 15 16 17 Ir 19 20 21 22 23 24 25 26 27 2r 29 30 31 32 33 34 33 36 17 33 39 10 41 42 43 44 45 46 47 411 49 SU 31 52 73 74 55 76 57 51 59 60 fit 62 63 64 65 M.S.B.A. Real Property Form No. 23 (2009) Minnesota Standard Residential Purchas Agreement: Fiduaa Seller PAGE B of 9 PERSONAL PROPERTY AGREEMENT This Personal Property Agreement is a suppi sment to the Purchase Agreement to which it is attached Seller's obligation to transfer title to thepersonal property is contingent upon a successful closing and transfer of the teal property title to Buyer according to the terms of the foregoing Purchase Agreement. A. PERSONAL PROPERTY INCLUDED IN THE SALE PRICE OF THE REAL PROPERTY These items of personal properly are included in the price shown for the real property in the foregoing Purchase Agreement B. PERSONAL PROPERTY PURCHASED SEPARATELY. The fcllowlrg items of personal property owned by Seller and currently located on the real property shall be purchased by Buyer at the price shown for each dem These items era not included in the prig shown for the real property, In the foregoing Purchase Agreement and shall be paid for at closing. price price price .�� price .� price rice nce TOTAL PRICE Buyer will accept the property "aa is' in Its condition el the Uma of closing Title to personal properly passes to Buyer by a bill of sale Upon delivery of the Deed, Seller shell deliver a Bill of Sale. Al closing or prior to closing, Seller shell provide for paymanl of, satisfaction of, or release of any existing Meru, claims, a encumbrances on the personal properly, except for the following encumbrances which Buyer accepts or assumes Pist here,' This supplement page is initialed contemporaneously with the signing of the Purchase Agreement, INITIALS: Sellers Buyers M.S.B.A. Real Property Form No. 23 (2009) Minnesota SlanAard Resldenlial Purchase Agreement: Fiduciary Seller PAGE 9 of 9 Supplemental Page I SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM 2 ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION OF ANY LAW, 3 ORDINANCE OR REGULATION. IF THE PROPERTY IS SUBJECT TO a RESTRICTIVE COVENANTS, SELLER WARRANTS THAT SELLER HAS NOT 5 RECEIVED ANY NOTICE FROM ANY PERSON OR AUTHORITY AS TO THE 6 BREACH OF THE COVENANTS; ANY NOTICES RECEIVED BY SELLER WILL 7 BE PROVIDED TO BUYER IMMEDIATELY. S 9 SELLER FURTHER ACKNOWLEDGES THAT THE CITY OF MENDOTA Io HEIGHTS HAS NOT DIRECTLY OR INDIRECTLY THREATENED TO ACQUIRE I i THE SUBJECT PROPERTY BY USE OF EMINENT DOMAIN AUTHORITY. 12 SELLER ACKNOWLEDGES THAT IT WAIVES AND RELEASES THE CITY OF 13 MENDOTA HEIGHTS UNDER MINNESOTA STATUTES §117.521 FROM ANY 14 CLAIM OF RELOCATION BENEFITS AUTHORIZED THEREUNDER. This supplemental page is initialed contemporaneously with the signing of the Purchase Agreement, INITIALS: SELLER BUYER CITY OF MENI]OTA HEIGHTS page 56 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: July 21, 2015 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Set City Council Budget Workshops COMMENT.- INTRODUCTION OMMENT: INTRODUCTION The City Council is asked to establish two dates, at which time the proposed budget options for FY 2016 may be discussed. BACKGROUND Staff is currently reviewing the proposed departmental budget requests for next year, for both the operating and capital improvements documents. It is expected that a preliminary budget will be available for review and discussion after August 7th. The Council is asked to set the dates and times to review and discuss the proposals. Last year, the Council met at 5 PM, preceding regular City Council meetings. If it wishes to do that again, the recommended dates are August 18th and September 1st. If the Council prefers to meet at another date or time, it should so indicate. RECOMMENDATION I recommend that the Council set City Council Budget workshops for August 18th and September 1St, to start at 5:00 PM. ACTION REOUIRED: If the Council concurs, it should, by motion, the Council should, by motion, set workshops for August 18 and September 1, 2015, at 5:00 PM, to discuss FY 2016 Budget options for the City of Mendota Heights. page 57 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei ghts.corn s CITY OF MENDOTA HEIGHTS DATE: July 21, 2015 TO: Mayor and City Council, City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Change of Start Time for Aug 4th Council Meeting BACKGROUND This year's Night to Unite is scheduled for Tuesday, August 4th, which is the same night as a city council meeting. In years past, the city council has chosen to start their meeting on this night an hour later so that councilmembers and staff can attend parties being held by various neighborhoods. If this is the desire of the council, the official start time of the August 4th city council meeting would be posted as 8:00 p.m. RECOMMENDATION If the council desires, a motion to approve changing the time of the August 4th city council meeting to 8:00 p.m. would be in order. Approval of this action requires a majority vote of the city council. CITY OPKOE0DOTAHEIGHTS TREASURER'S REPORT JUNE 2015\e Rates Money Market June Bank 0.0296 5Yr. Tr. 1.63% BALANCE COLLATERAL American Bank Checking Account .0296 $37.438.51 Savings Account .0296 $64{i4[ $38,078.98 CoUotena|-Bondo $1.078.032.00 Gov't. Guar. $250.000.00 Investments Cost 9V Saving Cert 1/2EV15@O.i596Cherokee $13.962.69 $13.952.59 FHLB 3.0O9612/3O/1B $500.000.00 $500.205.00 FHLB 2.00Y612/3D/1S $750.000.00 $750.307.50 FHLB 1.00961/3O/30 $500.000.00 $500.155.00 FHLN1C1.00962/27/2O $750.000.00 $749.362.50 FHLB 1.0O962/27/2O $250.000.00 $250.065.00 FHLB 2.UO96U4/O1/2O $750.000.00 $750.007.50 GECapital Financial Inc 2.OS9611/4/1G $245.000.00 $248.501.05 American Express Cent Bank 2.05Y612/1/1G $245.000.00 $248.584.35 GECapital Retail Bank 2.00967/G/18 $200.000.00 $200.882.00 Sallie Mae Bank 2.O5O9611/2O/18 $245.000.00 $246.038.80 BMW Bank 2.009612/11/18 $245.000.00 $245.477.75 World's Foremost Bank 2.0096OO/13/19 $200.000.00 $198.438.00 Cit Bank 2.159611/13/18 $245.000.00 $245.127.40 Goldman Sachs Bank 2.2O9612/17/18 $100.000.00 $100.139.00 Discover Bank 2.O5O960G/1O/20 $200,000.00 $197.988.00 Fidelity Institutional Government Portfolio (Piper) $297.054.48 $297.05448 Gov't.Securities Fund 2O96Sold G/4 $433.187.00 $1.031.000.00 yWK8h±Fd (WF) $1.748.282.38 TOTAL FUNDS AVAILABLE 6/30M5 $7.055.555.43 Funds Available 1/1/2O15 $12,023.991.13 Rates Money Market June Bank 0.0296 5Yr. Tr. 1.63% page 59 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.5940 fax www.mendota-heights.com , CITY OF MENDOTA HEIGHTS July 21, 2015 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director\e SUBJECT: Claims List Summary I.:TQ�1 lU'l� Significant Claims Metro Council Environmental Services — July Sewer Service Xcel Energy — Utilities Bond Trust Services Corp — Bond Payment CDW-G — New Squad Setup — Police Eckberg Lammers — June Legal Mid Northern Services — Street, Light Repairs Pioneer Engineering — Victoria South/Mendota Road Work Tri State Bobcat — Mower Attachment/Equipment Repair Twin City Outdoor Services — Market Square Work Urban Companies — Sibley Memorial Trail Work Manual Checks Total System Checks Total Total for the list of claims for the July 21, 2015 city council meeting RECOMMENDATION: Approval of the list of claims for July 21, 2015. $ 96,795.08 $ 7,975.76 $ 218,950.60 $ 4,108.00 $ 6,355.89 $ 18,967.78 $ 6,057.50 $ 6,395.69 $ 7,720.00 $ 28,033.80 $ 116,613.46 $ 370,677.99 $ 487,291.45 page 60 CITY OF MENDOTA HEIGHTS 07/16/15 10:04 AM Claims List Page 1 MANUALCHECKS 07/15/15 MAN Account Comments DEPT Descr Amount Search Name B C A - BTS E 01-4490-020-20 BACKGROUND CHECK - POLICE Police $19.75 Search Name B C A - BTS $19.75 Search Name I C M A RETIREMENT 457 G 01-2072 07/03/2015 PAYROLL Search Name I C M A RETIREMENT 457 Search Name L M C I T3 G 45-1215 LIQUOR LIABILITY - PAR3 E 45-4250-045-45 LIQUOR LIABILITY - PAR3 Search Name L M C I T3 Search Name MENDOTA HEIGHTS, CITY OF E 01-4435-200-70 PARK CELEBRATION Search Name MENDOTA HEIGHTS, CITY OF Search Name METRO COUNCIL ENVIRONMENT SVC E 15-4449-060-60 JULY 2015 SEWER SERVICE Search Name METRO COUNCIL ENVIRONMENT SVC Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 07/03/2015 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION Search Name SELECT ACCOUNT E 01-4131-110-10 G 01-2071 E 05-4131-105-15 E 01-4131-070-70 E 01-4131-050-50 E 01-4131-020-20 Search Name SELECT ACCOUNT JULY 2015 HSA CONTRIBUTION JULY 2015 HSA CONTRIBUTION JULY 2015 HSA CONTRIBUTION JULY 2015 HSA CONTRIBUTION JULY 2015 HSA CONTRIBUTION JULY 2015 HSA CONTRIBUTION Search Name UNITED WAY OF ST. PAUL G 01-2070 07/03/2015 PAYROLL Search Name UNITED WAY OF ST. PAUL Search Name US POSTAL SERVICE E 15-4318-060-60 Search Name US POSTAL SERVICE Search Name XCEL ENERGY E 01-4211-315-30 E 01-4211-300-50 E 01-4211-310-70 E 01-4211-320-70 E 01-4211-420-50 E 08-4211-000-00 E 15-4211-310-60 E 15-4211-400-60 E 28-4211-000-00 E 01-4212-310-50 E 01-4212-310-70 2ND QTR UTILITY BILLING POSTAGE MAY 2015 EL. UTILITIES MAY 2015 EL. UTILITIES MAY 2015 EL. UTILITIES MAY 2015 EL. UTILITIES MAY 2015 EL. UTILITIES MAY 2015 EL. UTILITIES MAY 2015 EL. UTILITIES MAY 2015 EL. UTILITIES MAY 2015 EL. UTILITIES MAY 2015 GAS UTILITIES MAY 2015 GAS UTILITIES Golf Course Parks & Recreation Utility Enterprise Administration Engineering Enterprise Parks & Recreation Road & Bridges Police Utility Enterprise Fire Road & Bridges Parks & Recreation Parks & Recreation Road & Bridges Spec Fds Utility Enterprise Utility Enterprise Spec Fds Road & Bridges Parks & Recreation $1,255.92 $1,255.92 $281.50 $281.50 $563.00 $450.00 $450.00 $96,795.08 ,$96,795.08 $50.00 $50.00 $501.93 $3,577.98 $657.69 $386.55 $386.55 $3,047.74 $8,558.44 $49.00 $49.00 $896.51 $896.51 $637.32 $1,717.34 $227.23 $247.21 $185.31 $1,939.94 $227.23 $1,092.04 $886.17 $31.92 $31.92 page 61 CITY OF MENDOTA HEIGHTS 07/16/1510:04 AM Page 2 Claims List MANUALCHECKS 07/15116 MAN Account Comments DEPT Descr Amount E 01-4212-315-30 MAY 2015 GAS UTILITIES Fire $178.47 E 01-4212-320-70 MAY 2015 GAS UTILITIES Parks & Recreation $50.00 E 08-4212-000-00 E 15-4212-310-60 E 15-4212-400-60 E 01-4211-310-50 Search Name XCEL ENERGY MAY 2015 GAS UTILITIES MAY 2015 GAS UTILITIES MAY 2015 GAS UTILITIES MAY 2015 EL. UTILITIES Spec Fds $232.98 Utility Enterprise $31.92 Utility Enterprise $31.53 Road & Bridges $227.23 $7,975.76 $116,613.46 Search Name ADVANTAGE SIGNS & GRAPHICS E 01-4420-050-50 STREET SIGNS Search Name ADVANTAGE SIGNS & GRAPHICS Search Name ALL CITY ELEVATOR, INC. E 08-4335-000-00 JULY 2015 ELEVATOR CONTRACT - CITY HALL Search Name ALL CITY ELEVATOR, INC. Search Name ALLSTATE PETERBILT E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Search Name ALLSTATE PETERBILT Search Name AMERICAN FLEET" SUPPLY G 45-2035 EQUIPMENT REPAIR PARTS - PAR3 E 01-4330-490-50 page 62 E 45-4330-490-45 CITY OF MENDOTA HEIGHTS 07/16/15 10:03 AM EQUIPMENT REPAIR PARTS - PD Search Name AMERICAN FLEET SUPPLY Page 1 Claims List SYSTEM CHECKS 07/21/15 PAY Account Comments DEPT Descr Amount Search Name 1, 2, TREE, LLC E 01-4335-315-30 STUMPS GRINDING - FIRE HALL Fire $160.00 E 01-4500-070-70 STUMPS GRINDING - PARKS Parks & Recreation $80.00 Search Name 1, 2, TREE, LLC $240.00 Search Name 4 PAWS ANIMAL CONTROL LLC E 01-4225-800-90 JUNE 2015 ANIMAL CONTROL Animal Control $543.63 G 01-2035 JUNE 2015 ANIMAL CONTROL -$20.63 Search Name 4 PAWS ANIMAL CONTROL LLC $523.00 Search Name ADVANTAGE SIGNS & GRAPHICS E 01-4420-050-50 STREET SIGNS Search Name ADVANTAGE SIGNS & GRAPHICS Search Name ALL CITY ELEVATOR, INC. E 08-4335-000-00 JULY 2015 ELEVATOR CONTRACT - CITY HALL Search Name ALL CITY ELEVATOR, INC. Search Name ALLSTATE PETERBILT E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Search Name ALLSTATE PETERBILT Search Name AMERICAN FLEET" SUPPLY G 45-2035 EQUIPMENT REPAIR PARTS - PAR3 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS E 45-4330-490-45 EQUIPMENT REPAIR PARTS - PAR3 E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Search Name AMERICAN FLEET SUPPLY Search Name AMERICAN PROMOTIONAL INCENTIVE E 01-4435-200-70 SAFETY CAMP T-SHIRTS Search Name AMERICAN PROMOTIONAL INCENTIVE Search Name AMERIPRIDE SERVICES E 01-4335-310-50 E 01-4335-310-70 E 15-4335-310-60 E 45-4335-045-45 Search Name AMERIPRIDE SERVICES Search Name APACHE GROUP E 01-4305-030-30 E 08-4335-000-00 Search Name APACHE GROUP Search Name ARROW MOWER INC. E 01-4330-490-70 Search Name ARROW MOWER INC. Search Name AWARDS BY HAMMOND E 01-4490-030-30 Search Name AWARDS BY HAMMOND MAT SERVICE - PW MAT SERVICE - PW MAT SERVICE - PW MAT SERVICE - PAR3 SUPPLIES - FIRE DEPT SUPPLIES - CITY HALL EQUIPMENT REPAIR PARTS - PARKS PLAQUES - FIRE DEPT Road & Bridges Spec Fds Police Road & Bridges Golf Course Police Parks & Recreation Road & Bridges Parks & Recreation Utility Enterprise Golf Course Fire Spec Fds Parks & Recreation Fire Search Name BCA -CJ I S E 01-4223-020-20 2ND QTR 2015 CIDN CHARGES Police $169.92 $169.92 $153.00 $153.00 $50.08 $50.08 $0.44 $572.90 -$6.55 -$42.95 $523.84 $401.52 $401.52 $28.11 $28.10 $28.10 $61.99 $146.30 $65.00 $156.12 $221.12 $13.30 $13.30 $530.40 $530.40 $720.00 page 63 CITY OF MENDOTA HEIGHTS 07/16/15 10:03 AM Page 2 Claims List SYSTEM CHECKS 07/21116 PAY Account Comments DEPT Descr Amount Search Name BCA -CJ IS $720.00 Search Name BESSER WELDING & FABRICATION E 10-4490-000-00 CANOE RACK Spec Fds $550.00 Search Name BESSER WELDING & FABRICATION $550.00 Search Name BLUE CHIP TREE CO. E 01-4500-050-50 TREE REMOVAL Road & Bridges $1;600.00 Search Name BLUE CHIP TREE CO. $1,600.00 Search Name BOND TRUST SERVICES CORP E 72-4226-000-00 2011 BOND ISSUE - AGENT FEES Spec Fds $225.00 E 75-4226-000-00 2012 BOND ISSUE - AGENT FEES Spec Fds $450.00 E 79-4226-000-00 2014 BOND ISSUE - AGENT FEES Spec Fds $450.00 E 42-4226-000-00 2014 REFUNDING ISSUE - AGENT FEES Spec Fds $450.00 E 75-4456-000-00 2012 BOND ISSUE Spec Fds $28,405.00 E 46-4456-000-00 2011 BOND ISSUE Spec Fds $11,371.25 E 72-4456-000-00 2011 BOND ISSUE Spec Fds $16,947.50 E 12-4456-000-00 2009 BOND ISSUE Spec Fds $3,721.25 E 67-4456-000-00 2009 BOND ISSUE Spec Fds $2,826.25 E 65-4456-000-00 2008 BOND ISSUE Spec Fds $48,576.25 E 47-4456-000-00 2007 BOND ISSUE Spec Fds $35,065.00 E 42-4456-000-00 2014 REFUNDING BOND ISSUE Spec Fds $13,100.50 E 79-4456-000-00 2014 BOND ISSUE Spec Fds $16,078.22 E 77-4456-000-00 2013 BOND ISSUE Spec Fds $23,625.00 E 58-4456-761-00 2006 BOND ISSUE Spec Fds $2,925.00 E 77-4226-000-00 2013 BOND ISSUE - AGENT FEES Spec Fds $450.00 E 70-4456-777-00 2010 BOND ISSUE Spec Fds $12,259.38 E 58-4226-761-00 2006 BOND ISSUE - AGENT FEES Spec Fds $450.00 E 46-4226-000-00 2011 BOND ISSUE - AGENT FEES Spec Fds $225.00 E 70-4226-777-00 2010 BOND ISSUE - AGENT FEES Spec Fds $450.00 E 67-4226-000-00 2009 BOND ISSUE - AGENT FEES Spec Fds $225.00 E 12-4226-000-00 2009 BOND ISSUE - AGENT FEES Spec Fds $225.00 E 65-4226-000-00 2008 BOND ISSUE - AGENT FEES Spec Fds $450.00 Search Name BOND TRUST SERVICES CORP $218,950.60 Search Name BUEfOW 2 ARCHITECTS, INC. E 01-4220-030-30 FIRE STATION STUDY Fire $925.00 Search Name BUE("OW 2 ARCHITECTS, INC. $925.00 Search Name C. DARLENE OEHLKE, CAP E 01-4220-110-10 07/07/15 CITY COUNCIL MEETING Administration $234.00 Search Name C. DARLENE OEHLKE, CAP $234.00 Search Name CAMELOT CLEANERS E 01-4410-020-20 UNIFORMS CLEANING - PD Police $96.55 E 01-4410-020-20 UNIFORMS CLEANING - PD Police $115.05 Search Name CAMELOT CLEANERS $211.60 Search Name CDW GOVERNMENT, INC E 01-4330-440-20 NEW SQUAD SET-UP Police $4,108.00 Search Name COW GOVERNMENT, INC $4,108.00 Search Name CENTERLINE CHARTER CORP E 01-4435-200-70 FIELD TRIPS Parks & Recreation $395.00 page 64 CITY OF MENDOTA HEIGHTS 07/16/15 10:03 AM Page 3 Claims List SYSTEM CHECKS 07/21/15 PAY Account Comments DEPT Descr Amount Search Name CENTERLINE CHARTER CORP $395.00 Search Name COCA-COLA REFRESHMENTS E 45-4310-210-45 BEVERAGES - PAR3 Golf Course $266.31 Search Name COCA-COLA REFRESHMENTS $266.31 Search Name COMCAST E 45-4210-045-45 JULY 2015 SERVICE Golf Course $195.65 Search Name COMCAST $195.65 Search Name COMMERCIAL ASPHALT E 01-4422-050-50 STREET MAINT. MATERIALS Road & Bridges $2,623.84 Search Name COMMERCIAL ASPHALT $2,623.84 Search Name DAKOTA COMMUNICATIONS CENTER E 01-4275-020-20 AUG 2015 DCC FEE Police $17,515.00 E 01-4275-030-30 AUG 2015 DCC FEE Fire $612.00 Search Name DAKOTA COMMUNICATIONS CENTER $18,127.00 Search Name DAKOTA COUNTY TREASURER E 05-4220-105-15 PICTOMETRY COST SHARE Engineering Enterprise $720.00 Search Name DAKOTA COUNTY TREASURER $720.00 Search Name DELL MARKETING L.P. E 01-4301-030-30 TABLET - FIRE DEPT Fire $1,384.98 E 01-4301-020-20 COMPUTER REPLACEMENT - PD Police $100.78 E 01-4301-020-20 COMPUTER REPLACEMENTS - PD Police $2,422.28 Search Name DELL MARKETING L.P. $3,908.04 Search Name EARL F. ANDERSEN, INC E 01-4420-050-50 STREET SIGN SUPPLIES Road & Bridges $58.20 Search Name EARL F. ANDERSEN, INC $58.20 Search Name ECKBERG LAMMERS E 01-4220-120-10 JUNE 2015 LEGAL SERVICES Administration $862.50 E 01-4481-110-10 JUNE 2015 LEGAL SERVICES Administration $3,487.50 E 01-4220-120-80 JUNE 2015 LEGAL SERVICES Planning $450.00 E 01-4221-120-10 JUNE 2015 LEGAL SERVICES - COUNCIL MEETINGS Administration $400.00 E 01-4220-120-20 JUNE 2015 LEGAL SERVICES Police $525.89 E 13-4220-000-00 JUNE 2015 LEGAL SERVICES Spec Fds $630.00 Search Name ECKBERG LAMMERS $6,355.89 Search Name FACTORY MOTOR PARTS E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $281.71 Search Name FACTORY MOTOR PARTS $281.71 Search Name FASTENAL INDUSTRIAL & CONSTR E 05-4620-105-15 NEW ENG. TRUCK EQUIPMENT Engineering Enterprise $35.08 Search Name FASTENAL INDUSTRIAL & CONSTR $35.08 Search Name FLAGSHIP RECREATION E 01-4330-215-70 PLAYGROUND REPAIR PARTS Parks & Recreation $66.70 Search Name FLAGSHIP RECREATION $66.70 Search Name FLEETPRIDE E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $20.85 page 65 CITY OF MENDOTA HEIGHTS 07/16/15 10:03 ANI Page 4 Claims List SYSTEM CHECKS 07/21/15 PAY .Account Comments DEPT Descr Amount Search Name FLEETPRIDE $20.85 Search Name FRONTIER AG & TURF E 01-4620-070-70 NEW MOWER EQUIPMENT Search Name FRONTIER AG & TURF Search Name GL SPORTS CAMPS, LLC E 01-4435-200-70 BASKETBALL/SKYHAWK CAMP Search Name GL SPORTS CAMPS, LLC Search Name GOPHER STATE ONE CALL E 01-4210-040-40 JUNE 2015 SERVICE Search Name GOPHER STATE ONE CALL Parks & Recreation Parks & Recreation $126.26 $126.26 Atfzlz nn TJGJ. V V Code Enforcement/Inspe $549.65 $549.65 Search Name GRAFIX SHOPPE E 01-4305-070-70 NEW LETTERING - PW Parks & Recreation $106.67 E 15-4305-060-60 NEW LETTERING - PW Utility Enterprise $106.66 E 01-4305-050-50 NEW LETTERING - PW Road & Bridges $106.67 Search Name GRAFIX SHOPPE $320.00 Search Name GRAINGER E 08-4335-000-00 BLDG MAINT. SUPPLIES - CITY HALL Spec Fds $23.88 Search Name GRAINGER $23.88 Search Name GRANNIS & HAUGE, P.A. E 01-4222-120-20 JUNE 2015 LEGAL SERVICES Police $5,891.00 Search Name GRANNIS & HAUGE, P.A. $5,891.00 Search Name GRAYBAR ELECTRIC E 28-4330-000-00 STREET LIGHTING SUPPLIES Spec Fds $29.97 Search Name GRAYBAR ELECTRIC $29.97 Search Name HANCO CORPORATION E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $110.59 Search Name HANCO CORPORATION $110.59 Search Name HIRSHFIELD S PAINT & MFG INC E 01-4330-215-70 FIELDS STRIPING PAINT Parks & Recreation $950.40 Search Name HIRSHFIELD S PAINT & MFG INC $950.40 Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration -$12.51 E 01-4300-020-20 OFFICE SUPPLIES - PD Police $68.94 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $21.65 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $69.52 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $22.38 Search Name INNOVATIVE OFFICE SOLUTIONS $169.98 Search Name INVER GROVE FORD E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $42.17 Search Name INVER GROVE FORD $42.17 Search Name IRON MOUNTAIN RECORDS MGMT E 01-4490-110-10 JUNE 2015 SHREDDING Administration $12.29 E 01-4490-020-20 JUNE 2015 SHREDDING Police $36.87 page 66 CITY OF MENDOTA HEIGHTS 07/16/15 10:03 AM Page 5 Claims List SYSTEM CHECKS 07/21/15 PAY Account Comments DEPT Descr Amount Search Name IRON MOUNTAIN RECORDS MGMT $49.16 Search Name JANI-KING OF MINNESOTA, INC. E 01-4335-310-50 JULY 2015 SERVICE - PW GARAGE Road & Bridges $66.67 E 01-4335-310-70 JULY 2015 SERVICE - PW GARAGE Parks & Recreation $66.67 E 15-4335-310-60 JULY 2015 SERVICE - PW GARAGE Utility Enterprise $66.66 E 01-4331-020-20 JULY 2015 SERVICE - PD Police $780.00 Search Name JANI-KING OF MINNESOTA, INC. $980.00 Search Name JRS ADVANCED RECYCLERS E 01-4280-310-50 ELECTRONICS RECYCLING - PW Road & Bridges $45.00 Search Name JRS ADVANCED RECYCLERS $45.00 Search Name KIRCHNER CONTRACTING E 01-4490-040-40 MOWING @ 1565 DODD RD Code Enforcement/Inspe $375.00 Search Name KIRCHNER CONTRACTING $375.00 Search Name KLEIN, RON & ROXY G 15-1150 REFUND - SEWER ACCT CREDIT $8.18 Search Name KLEIN, RON & ROXY $8.18 Search Name KREMER SERVICES, LLC E 01-4330-490-50 DO T INSPECTION Road & Bridges $87.95 Search Name KREMER SERVICES, LLC $87.95 Search Name LAWSON PRODUCTS, INC E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $41.55 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $41.54 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $41.54 E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $57.47 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $57.46 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $57.46 E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $48.30 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $48.30 Search Name LAWSON PRODUCTS, INC $393.62 Search Name LEPEAN, DOROTHY G 15-1150 REFUND - SEWER ACCT CREDIT $33.85 Search Name LEPEAN, DOROTHY $33.85 Search Name LEXISNEXIS E 01-4223-020-20 JUNE 2015 SERVICE Police $50.00 Search Name LEXISNEXIS $50.00 Search Name LILLIE SUBURBAN NEWS E 01-4240-080-80 JUNE 2015 PUBLICATIONS Planning $371.25 Search Name LILLIE SUBURBAN NEWS _ $371.25 Search Name M T I DISTRIBUTING COMPANY E 45-4330-490-45 EQUIPMENT REPAIR PARTS - PAR3 Golf Course -$116.27 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $29.79 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $123.76 Search Name M T I DISTRIBUTING COMPANY $37.28 Search Name MAUER CHEVROLET a page 67 CITY OF MENDOTA HEIGHTS 07/16/15 10:03 AM Page 6 Claims List SYSTEM CHECKS 07/21/16 PAY Account Comments DEPT Descr Amount E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $81.88 Search Name MAUER CHEVROLET $81.88 Search Name MENARDS G 45-2035 BLDG MAINT. SUPPLIES - PAR3 -$1.77 E 01-4305-050-50 OPERATING SUPPLIES - STREETS Road & Bridges $113.74 E 45-4335-045-45 BLDG MAINT. SUPPLIES - PAR3 Golf Course $27.48. E 27-4460-791-00 REPAIR SUPPLIES - VICTORIA RD SOUTH PROJECT Spec Fds $80.70 E 15-4305-060-60 OPEARATING SUPPLIES - SEWER Utility Enterprise $87.27 E 08-4335-000-00 CLEANING SUPPLIES - CITY HALL Spec Fds $14.64 Search Name MENARDS $322.06 Search Name METRO SALES E 01-4330-490-70 QTRLY COPIER MAINTENANCE - PW Parks & Recreation $34.59 E 01-4330-490-50 QTRLY COPIER MAINTENANCE - PW Road & Bridges $34.60 E 15-4330-490-60 QTRLY COPIER MAINTENANCE - PW Utility Enterprise $34.59 E 01-4330-030-30 QTRLY COPIER MAINTENANCE - FIRE DEPT Fire $152.02 Search Name METRO SALES $255.80 Search Name MID NORTHERN SERVICES E 28-4330-000-00 STREET LIGHTING REPAIRS Spec Fds $13,675.60 E 28-4330-000-00 STREET LIGHTING REPAIRS Spec Fds $1,384.60 E 28-4330-000-00 STREET LIGHTING REPAIRS Spec Fds $3;021.08 E 15-4335-310-60 LIGHTING REPAIRS - PW Utility Enterprise $295.50 E 01-4335-310-70 LIGHTING REPAIRS - PW Parks & Recreation $295.50 E 01-4335-310-50 LIGHTING REPAIRS - PW Road & Bridges $295.50 Search Name MID NORTHERN SERVICES $18,967.78 Search Name MIDWEST AQUA CARE, INC E 01-4330-215-70 ROGERS LAKE TREATMENT Parks & Recreation $1,517.50 G 01-1145 ROGERS LAKE TREATMENT $1,517.50 Search Name MIDWEST AQUA CARE, INC $3,035.00 Search Name MITCHELLi E 01-4300-050-50 JULY 2015 SERVICE Road & Bridges $169.00 Search Name MTTCHELLI $169.00 Search Name MN ST ADMIN 1TG TELECOM SRVCE E 01-4223-020-20 JUNE 2015 WAN SERVICE Police $124.00 E 01-4220-133-10 JUNE 2015 WAN SERVICE Administration $111.00 Search Name MN ST ADMIN ITG TELECOM SRVCE $235.00 Search Name MN TEAMSTERS LOCAL 320 G 01-2075 JULY 2015 UNION DUES $620.00 Search Name MN TEAMSTERS LOCAL 320 $620.00 Search Name MN WANNER COMPANY E 01-4330-490-70 EQUIPMENT - PARKS Parks & Recreation $223.56 E 01-4330-490-70 EQUIPMENT - PARKS Parks & Recreation $67.10 Search Name MN WANNER COMPANY $290.66 Search Name MPELRA E 01-4400-110-10 CONF. REGISTRATION - T. SCHUTTA Administration $250.00 Search Name MPELRA $250.00 a was] a 11 1:4 \ 111191 IF -All ■ Welwaw Claims List SYSTEM CHECKS 07/21/15 PAY page 68 07/16/15 10:03 AM Page 7 Account Comments DEPT Descr Amount Search Name NATURE CALLS, INC E O1-4200-610-70 MAY 2015 RENTALS - PARKS Search Name NATURE CALLS, INC Search Name NIITI SANITATION INC E 45-4280-045-45 RUBBISH & RECYCLING - PAR3 Search Name NITTI SANITATION INC Search Name NORTHERN TECHNOLOGIES, INC E 22-4220-765-00 SIBLEY MEM. TRL PROJECT E 27-4220-791-00 VICTORIA RD PROJECT Search Name NORTHERN TECHNOLOGIES, INC Search Name NUSS TRUCK & EQUIPMENT E 01-4330490-50 EQUIPMENT REPAIR PARTS - STREETS E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS E 01-4330-490-50 EQUIPMENT REPAIR PARTS- STREETS E O1-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Search Name NUSS TRUCK & EQUIPMENT Search Name OFFICE DEPOT E O1-4300-070-70 OFFICE SUPPLIES - PARKS E 01-4300-020-20 OFFICE SUPPLIES - PD Search Name OFFICE DEPOT Search Name OREILLY AUTO/FIRST CALL E 01-4305-050-50 OPERATING SUPPLIES - STREETS E 05-4620-105-15 EQUIPMENT - NEW TRUCK E 05-4620-105-15 EQUIPMENT - NEW TRUCK E 01-4305-070-70 OPERATING SUPPLIES - PARKS E 01-4305-070-70 OPERATING SUPPLIES - PARKS E 01-4305-050-50 OPERATING SUPPLIES - STREETS E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Search Name OREILLY AUTO/FIRST CALL Search Name OXYGEN SERVICE CO E 01-4200-610-70 E 15-4200-610-60 E 01-4200-610-70 E 01-4200-610-50 E 15-4305-060-60 E 15-4200-610-60 E 01-4200-610-50 E 01-4305-070-70 E 01-4305-050-50 Search Name OXYGEN SERVICE CO Search Name PAC E 29-4337-000-00 Search Name PAC Search Name PATRIOT DIAMOND INC E 01-4305-050-50 CYINDER RENT - PW CYINDER RENT - PW CYINDER RENT - PW CYINDER RENT - PW OPERATING SUPPLIES - SHOP CYINDER RENT - PW CYINDER RENT - PW OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP EMERGENCY STORM SEWER REPAIR OPERATING SUPPLIES - STREETS Parks & Recreation Golf Course Spec Fds Spec Fds Road & Bridges Road & Bridges Road & Bridges Road & Bridges Parks & Recreation Police Road & Bridges Engineering Enterprise Engineering Enterprise Parks & Recreation Parks & Recreation Road & Bridges Police Police Parks & Recreation Utility Enterprise Parks & Recreation Road & Bridges Utility Enterprise Utility Enterprise Road & Bridges Parks & Recreation Road & Bridges Spec Fds Road & Bridges $952.00 $952.00 $70.25 $70.25 $162.50 $3,625.00 $3,787.50 $1.14 $208.60 $14.02 $225.36 $449.12 $113.10 $176.98 $290.08 $95.48 -$88.82 $88.82 $95.48 $39.15 $25.00 $149.77 $38.18 $443.06 $29.00 $37.31 $37.31 $37.31 $13.32 $29.00 $29.00 $13.32 $13.33 $238.90 $3,880.00 $3,880.00 $318.00 page 69 CITY OF MENDOTA HEIGHTS 07/16/15 10:03 AM Page 8 Claims List SYSTEM CHECKS 07/21/15 PAY Account Comments DEPT Descr Amount Search Name PATRIOT DIAMOND INC $318.00 Search Name PERRAULT, CHRIS & ELIZABETH G 15-1150 REFUND - SEWER ACCT CREDIT $36.54 Search Name PERRAULT, CHRIS & ELIZABETH $36.54 Search Name PIONEER ENGINEERING E 27-4220-794-00 MENDOTA RD PROJECT Spec Fds $752.50 E 27-4220-791-00 VICTORIA RD SOUTH PROJECT Spec Fds $5,305.00 Search Name PIONEER ENGINEERING $6,057.50 Search Name PREMIER PAYMENT SOLUTIONS LLC E 01-4490-110-10 CREDIT CARD TERMINAL - CITY HALL Administration $507.00 Search Name PREMIER PAYMENT SOLUTIONS LLC $507.00 Search Name RICOH USA, INC. E 01-4300-110-10 TONER Administration $59.68 Search Name RICOH USA, INC. $59.68 Search Name ROOTX E 15-4330-490-60 SEWER MAINT. SUPPLIES Utility Enterprise $1,153.06 Search Name ROOTX $1,153.06 Search Name SAFE -FAST, INC. E 01-4305-050-50 SAFETY SUPPLIES - STREETS Road & Bridges $135.00 E 01-4305-070-70 SAFETY SUPPLIES - PARKS Parks & Recreation $45.60 E 15-4305-060-60 SAFETY SUPPLIES - SEWER Utility Enterprise $74.00 E 01-4305-050-50 SAFETY SUPPLIES - STREETS Road & Bridges $191.20 Search Name SAFE -FAST, INC. $445.80 Search Name SAM S CLUB E 01-4435-200-70 FISHING DERBY SUPPLIES Parks & Recreation $231.02 E 01-4435-200-70 PARK CELEBRATION SUPPLIES Parks & Recreation $508.88 E 01-4435-200-70 PARK CELEBRATION SUPPLIES Parks & Recreation $26.72 E 01-4300-070-70 OFFICE SUPPLIES - PARKS Parks & Recreation $5.29 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $313.34 E 01-4435-200-70 PLAYGROUND SUPPLIES Parks & Recreation $26.40 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $114.97 E 01-4435-200-70 PLAYGROUND SUPPLIES Parks & Recreation $31.93 E 01-4435-200-70 PARK PROGRAMS SUPPLIES Parks & Recreation $115.27 Search Name SAM S CLUB $1,373.82 Search Name SECURITY RESPONSE SERVICES INC E 45-4335-045-45 SECURITY MONITORING - PAR3 Golf Course $93.04 Search Name SECURITY RESPONSE SERVICES INC $93.04 Search Name SELECT ACCOUNT E 01-4220-110-10 JULY 2015 HSA PARTICIPANT FEE Administration $11.13 E 01-4220-020-20 JULY 2015 HSA PARTICIPANT FEE Police $15.64 E 01-4220-050-50 JULY 2015 HSA PARTICIPANT FEE Road & Bridges $3.31 E 01-4220-070-70 JULY 2015 HSA PARTICIPANT FEE Parks & Recreation $1.20 E 01-4220-080-80 JULY 2015 HSA PARTICIPANT FEE Planning $2.11 E 05-4220-105-15 JULY 2015 HSA PARTICIPANT FEE Engineering Enterprise $5.42 E 15-4220-060-60 JULY 2015 HSA PARTICIPANT FEE Utility Enterprise $2.11 Search Name SELECT ACCOUNT $40.92 page 70 CITY OF MENDOTA HEIGHTS 07/16/1510:03 AM Page 9 Claims List SYSTEM CHECKS 07/21/16 PAY Account Comments DEPT Descr Amount Search Name SEMERAD, DAVID G 15-1150 REFUND - SEWER ACCT CREDIT $25.95 Search Name SEMERAD, DAVID $25.95 Search Name SPRWS E 01-4425-070-70 MAY 2015 SERVICE - PARKS Parks & Recreation $133.37 E 01-4425-315-30 MAY 2015 SERVICE - FIRE HALL Fire $94.58 E 45-4425-045-45 2ND QTR 2015 SERVICE - PAR3 Golf Course $36.98 E 08-4425-000-00 MAY 2015 SERVICE - CITY HALL Spec Fds $77.31 E 15-4425-310-60 MAY 2015 SERVICE - PW Utility Enterprise $17.03 E 01-4425-310-70 MAY 2015 SERVICE - PW Parks & Recreation $17.04 E 01-4425-310-50 MAY 2015 SERVICE - PW Road & Bridges $17.04 E 01-4425-070-70 MAY 2015 SERVICE - PARKS Parks & Recreation $185.18 Search Name SPRWS $578.53 Search Name ST. PAUL STAMP WORKS E 05-4300-105-15 OFFICE SUPPLIES - ENG. Engineering Enterprise $21.40 Search Name ST. PAUL STAMP WORKS $21.40 Search Name ST. PAUL, CITY OF E 80-4460-788-00 VICTORIA RD PROJECT Spec Fds $746.79 Search Name ST. PAUL, CITY OF $746.79 Search Name STREICHERS E 01-4306-020-20 UNIFORM & EQUIPMENT - P. MCCARTY Police $24.99 E 01-4306-020-20 UNIFORM & EQUIPMENT - P. MCCARTY Police $105.98 Search Name STREICHERS $130.97 Search Name SUMMIT FIRE PROTECTION E 01-4335-315-30 FIRE EXT. INSPECTION - FIRE HALL Fire $415.50 E 01-4330-440-20 FIRE EXT. INSPECTION - PD Police $220.75 E 01-4335-315-30 FIRE SPRINKLER INSP. FIRE HALL Fire $109.00 Search Name SUMMIT FIRE PROTECTION $745.25 Search Name SUNFLOWER MARKETING E 01-4435-200-70 TENNIS T-SHIRTS Parks & Recreation $1,560.19 Search Name SUNFLOWER MARKETING $1,560.19 Search Name TESSMAN CO E 01-4330-215-70 BALLFIELD MAINT. SUPPLIES Parks & Recreation $501.20 Search Name TESSMAN CO $501.20 Search Name TRACTOR SUPPLY E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $134.71 Search Name TRACTOR SUPPLY $134.71 Search Name TRI STATE BOBCAT E 01-4200-610-50 EQUIPMENT RENTAL - STREETS Road & Bridges $4,837.00 E 01-4200-610-50 EQUIPMENT RENTAL - STREETS Road & Bridges $400.00 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $1,158.69 Search Name TRI STATE BOBCAT $6,395.69 Search Name TWIN CITY OUTDOOR SERVICES E 01-4330-215-70 CONCERT/FOUNTAIN AREA WORK - MARKET SQUA Parks & Recreation $7,720.00 page 71 CITY OF MENDOTA HEIGHTS 07/16/1510:03 AM Claims List Page 10 SYSTEM CHECKS 07/21/15 PAY Account Comments DEPT Descr Amount Search Name TWIN CITY OUTDOOR SERVICES $7,720.00 Search Name TWIN CITY TELEPHONE E 01-4210-050-50 E 01-4210-070-70 E 15-4210-060-60 Search Name TWIN CITY TELEPHONE Search Name TWIN CITY VOIP INC E 15-4330-490-60 Search Name TWIN CITY VOIP INC Search Name UNIFORMS UNLIMITED E 01-4410-020-20 E 01-4410-020-20 Search Name UNIFORMS UNLIMITED TELEPHONE SYSTEM MAINT. - PW TELEPHONE SYSTEM MAINT. - PW TELEPHONE SYSTEM MAINT. - PW EQUIPMENT REPAIR - PW UNIFORM - M. ASCHENBRENNER UNIFORM - M. ASCHENBRENNER Search Name URBAN COMPANIES, LLC E 22-4460-765-00 SIBLEY MEM. TRL PROJECT Search Name URBAN COMPANIES, LLC Search Name VALLEY IMAGES PHOTOGRAPHY E 01-4490-110-10 DIGITAL FILES Search Name VALLEY IMAGES PHOTOGRAPHY Search Name VERIZON WIRELESS E 01-4210-020-20 E 15-4210-060-60 E 01-4210-070-70 E 01-4210-050-50 E 01-4223-020-20 E 01-4210-030-30 E 05-4210-105-15 E 01-4210-110-10 E 01-4210-114-14 Search Name VERIZON WIRELESS Search Name VERSATILE VEHICLES E 45-4200-610-45 Search Name VERSATILE VEHICLES Search Name WALLGREN, SLOAN E 01-4435-200-70 Search Name WALLGREN, SLOAN Search Name WASTE MANAGEMENT E 01-4280-310-50 E 01-4280-310-70 E 15-4280-310-60 E 08-4280-000-00 Search Name WASTE MANAGEMENT JUNE 2015 CELL SERVICE JUNE 2015 CELL SERVICE JUNE 2015 CELL SERVICE JUNE 2015 CELL SERVICE JUNE 2015 CELL SERVICE JUNE 2015 CELL SERVICE JUNE 2015 CELL SERVICE JUNE 2015 CELL SERVICE JUNE 2015 CELL SERVICE JULY 2015 CART RENTALS FISHING DERBY SUPPLIES JUNE 2015 SERVICE - PW GARAGE JUNE 2015 SERVICE - PW GARAGE JUNE 2015 SERVICE - PW GARAGE JUNE 2015"SERVICE - CITY HALL Road & Bridges Parks & Recreation Utility Enterprise Utility Enterprise Police Police Spec Fds Administration Police Utility Enterprise Parks & Recreation Road & Bridges Police Fire Engineering Enterprise Administration Info Tech Golf Course Parks & Recreation Road & Bridges Parks & Recreation Utility Enterprise Spec Fds Search Name ZIEGLER INC E 01-4200-610-50 EQUIPMENT RENTAL - STREETS Road & Bridges E 01-4200-610-50 EQUIPMENT RENTAL - STREETS Road & Bridges $242.17 $242.17 $242.16 $726.50 $125.00 $125.00 $99.99 $66.50 $166.49 $28,033.80 $28,033.80 $125.00 $125.00 $1,013.31 $52.47 $52.47 $236.54 $280.08 $278.19 $157.41 $103.61 $87.48 $2,261.56 $600.00 $600.00 $150.03 $150.03 $180.24 $180.24 $180.24 $200.62 $741.34 $900.00 -$630.00 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 07/21/15 PAY page 72 07/16/15 10:03 AM Page 11 Account Comments DEPT Descr Amount Search Name ZIEGLER INC $270.00 $370,677.99 2015 Licensing List for City Council Type Contractor Name Gas Piping Genera/ HVAC Sign Schulties Plumbing, Inc Langer Construction Company Sullivan Day Construction Appliance Connections, Inc Avid Heating & Cooling Signminds, Inc page 73 Thursday, July 16, 2015 Page I of I page 74 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-heights.com T CITY OF IVIENDOTA HEIGHTS DATE: July 21, 2015 TO: Mayor and City Council FROM: Mike Aschenbrener, Chief of Police SUBJECT: Citizen's Award of Merit INTRODUCTION Each year the Mendota Heights Police Department recognizes employees and citizens for extra ordinary efforts that occur within the previous year. At the July 21 City Council meeting the City will present the Citizen's Award of Merit to Greg Hilding, for actions taken by coming to the aid of a fellow Mendota Heights resident during her time of need. BACKGROUND January 26, 2015 at 5:45 a.m. Mendota Heights resident Jane Lonergrin was taking her dog Faith for a walk on one of the City's walking trails. While descending a small hill, Ms. Lonergrin slipped on an icy patch in the dark, and fell backwards and hit her head on the asphalt. Knocked unconscious, she was unable to help herself up. At any time of the year a head trauma can be life altering, but add in darkness, 20° temperature, and a brisk morning wind, tragic results would not be unheard of. A passerby, Greg Hilding, saw the light which she had been carrying, and recognized that something was not right. He drove by, but then turned around to investigate. He found her in a condition which he recognized to be in need of medical help. Even though he was on his way to work and would be late as a result, he helped Jane into his car, dropped her dog off at her home, and proceeded to take Jane to a hospital in downtown St. Paul to be checked out. Fortunately, she was not seriously hurt, but he results might have been due to the cold and hour of the day had not this selfless individual notice that something was amiss, and stopped to investigate. For his actions, Greg Hilding is awarded the Mendota Heights' Police Department's Citizen's Award of Merit. RECOMMENDATION: It is recommended that the Mendota Heights City Council recognize Greg Hilding for actions on January 26, 2015. page 75 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei ghts.corn s CITY OF MENDOTA HEIGHTS DATE: July 21, 2015 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Amendments to Educational Facilities Revenue Refunding Note BACKGROUND In 1999, the City served as a conduit in the issuance of Variable Rate Demand Purchase Revenue Bonds, Series 1999 for Saint Thomas Academy. This issue financed the construction of a middle school addition and certain capital improvements to the Academy's existing educational facilities. On August 17, 2010 those bonds were refunded. St. Thomas Academy is now looking to make certain amendments to the Note and Loan Agreement. These changes do not impact the City; however, City approval is required for these amendments. The attached memo from the City's Bond Counsel Briggs and Morgan explains what is being requested by St. Thomas Academy. Representatives from St. Thomas Academy and Briggs and Morgan will be in attendance to address questions that Council may have. BUDGET IMPACT In the past, the City has charged applicants a flat fee of $500 to cover staff time for activities relating to the refinancing tax exempt bonds. I recommend that the Council continue to charge a flat fee of $500 for these amendments. RECOMMENDATION We recommend the Council approve the required action to allow for the refinancing. ACTION REQUIRED If the Council concurs, it should, by motion, adopt Resolution 2015-56 A Resolution Providing for the First Amendment to Educational Facilities Revenue Refunding Note (St. Thomas Academy Project), Series 2010 and Authorizing the Execution of the Documents Related Thereto. R M0r���rv. July 15, 2015 RV F -MATT, Mark McNeill Kristen Schabacker City Councilmembers City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118-4106 2200 IDS Center 80 South 8th Street Minneapolis MN 55402-2157 tel 612.977.8400 fax 612 977 8650 page 76 Catherine J. Courtney (612)977-8765 ccourtney@briggs.com Re: Amendments to Educational Facilities Revenue Refunding Note, Series 2010 (St. Thomas Academy) Dear Councilmembers, Mr. McNeill, and Ms. Schabacker: In 2010, the City of Mendota Heights (the "City") issued its $6,310,000 Educational Facilities Revenue Refunding Note, Series 2010 (St. Thomas Academy Project) (the "Note"). The proceeds of the Note were loaned to St. Thomas Academy (the "Academy") pursuant to a loan agreement (the "Loan Agreement") to refinance the City's Variable Rate Demand Purchase Revenue Bonds (St. Thomas Academy Project) Series 1999, which were used to finance the acquisition, construction, and equipping of a middle school addition and the renovation and remodeling of the Academy's existing educational facilities, including the acquisition of unimproved land adjacent thereto and the expansion of a parking lot (the "Project"). The Note was sold to U.S. Bank National Association (the "Bank"). The City's rights (except for certain reserved rights) and obligations under the Loan Agreement were assigned to the Bank. The Academy and the Bank have agreed to make certain amendments to the Note and the Loan Agreement. While these amendments do not have any direct effect on the City, they are of a nature that requires the City's approval. The amendments also result in what is called a "reissuance" under the federal tax code. From a tax perspective, it is like a new note is being issued, but without all of the same necessary procedures and documentation as the original issuance. It will require the filing of a new Form 8038 with the IRS. The Note, as amended, will remain a special limited obligation of the City. It shall not be payable from or charged upon any funds other than the revenues pledged to the payment of the Briggs and Morgan, Professional Association Minneapolis I St Paul I wwwbriggs corn Member - Lex Mundi, a Global Association of Independent Law Firms 7167418v1 page 77 BRIGGS AND MORGAN Mark McNeill July 15, 2015 Page 2 Note, nor shall the City be subject to any liability on the Note. The Bank (or any other holder) shall not have the right to compel any exercise of the taxing power of the City to pay the Note or the interest on the Note, or to enforce payment of the Note against any property of the City. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limit. As a result of a change in the federal tax code from the time the Note was originally issued in 2010, it is necessary for the City to designate the Note as "bank qualified." The Note was designated as bank qualified in 2010, but with the reissuance as a result of the amendments, it must be newly designated in 2015. Bank qualification gives certain favorable treatment to bank holders, like the Bank, and results in a lower interest rate for the borrowers. A city may designate only $10,000,000 of tax exempt obligations in each calendar year for its own governmental bonds and for bonds issued on behalf of 501(c)(3) organizations, like the Academy. It is our understanding that the City has not yet made any designation in 2015 but that it expects to do so for its street improvement bonds in an amount less than $2,000,000 later this year. The requested designation for the Academy will be in the approximate amount of $5,300,400. That will still leave approximately $2,700,000 of bank qualification capacity available for the remainder of 2015. Briggs and Morgan, Professional Association, as the City's Bond Counsel, has prepared the resolution that has been presented to the City Council that approves the requested amendments to the Note and Loan Agreement. Briggs and Morgan has also drafted those amendment documents and drafted or reviewed other documents relevant to the transaction, on behalf of the City. Mary Ippel from Briggs and Morgan will be available at the City Council meeting to answer any questions that Councilmembers may have. Please feel free to contact me if you have any questions or comments. Very truly yours, Catherine J. Cour ey CJC Enclosure cc: Mary L. Ippel 7167418v1 page 78 Extract of Minutes of Meeting of the City Council of the City of Mendota Heights, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mendota Heights, Minnesota was duly held at City Hall in said City on Tuesday, the 21 st day of July, 2015 at 7:00 o'clock P.M. The following Council members were present: and the following were absent: Council member resolution and moved its adoption: then introduced and read the following written A RESOLUTION PROVIDING FOR THE FIRST AMENDMENT TO EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE (ST. THOMAS ACADEMY PROJECT), SERIES 2010 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO The motion for the adoption of the foregoing resolution was duly seconded by Council 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. page 79 RESOLUTION 2015-56 RESOLUTION PROVIDING FOR THE FIRST AMENDMENT TO EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE (ST. THOMAS ACADEMY PROJECT), SERIES 2010 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota (the "City"), as follows: SECTION 1 LEGAL AUTHORIZATION AND FINDINGS. 1.1 Findings. The City hereby finds, determines and declares as follows: (1) The City, pursuant to Resolution 10-63 adopted on August 17, 2010 (the "Note Resolution"), has previously issued its revenue note in an original aggregate principal amount of $6,310,000 to provide funds that were loaned to St. Thomas Academy, a Minnesota nonprofit corporation (the `Borrower"), to refinance the acquisition, construction, and equipping of a middle school addition and the renovation and remodeling of the Borrower's existing facilities, including the acquisition of unimproved land adjacent thereto and the expansion of a parking lot located in the City, which facilities are owned and operated by the Borrower (the "Project"). (2) The City issued the Educational Facilities Revenue Refunding Note, Series 2010 (St. Thomas Academy Project) dated September 1, 2010, (the "Note"), pursuant to Minnesota Statutes, Section 469.152 to 469.165, as amended (the "Act"), and sold the Note to U.S. Bank National Association, a national banking association (the "Lender"). (3) Pursuant to a Loan Agreement (the "Loan Agreement") dated September 1, 2010 between the City, the Borrower, and the Lender, the Borrower agreed to repay the Note in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to the expenditure of proceeds of the Note, the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City, the Borrower and Lender deem necessary or desirable for the financing of the Project. (4) Pursuant to a Pledge Agreement (the "Pledge Agreement") dated September 1, 2010 between the City and the Lender, the City pledged and granted a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses). (5) The Lender and the Borrower have informed the City that they have agreed to certain changes in the terms of the Note. (6) The form of First Amendment to Note between the City, the Borrower, and the Lender, proposed to be entered into in order to document changes in the terms of the Note has been page 80 submitted to the City Council and is on file in the office of the City Clerk (the "Note Amendment"). (7) The form of First Amendment to Loan Agreement between the City and the Borrower and consented to by the Lender, proposed to be entered into in order to document changes in the terms of the Loan Agreement has been submitted to the City Council and is on file in the office of the City Clerk (the "Loan Agreement Amendment"). SECTION 2 AUTHORIZATION OF NOTE AMENDMENT. 2.1 Approval and Execution of Note Amendment and Loan Agreement Amendment. (1) The Note Amendment and Loan Agreement Amendment are made a part of this Resolution as though fully set forth herein and are hereby approved in substantially the form presented to the City Council. The Mayor and the Clerk are authorized and directed to execute, acknowledge, and deliver the Note Amendment and Loan Agreement Amendment on behalf of the City with such changes, insertions, and omissions therein as bond counsel to the City may hereafter deem appropriate, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof. (2) The Mayor and the Clerk are authorized and directed to execute and deliver all other documents which may be required under the terms of the Note Amendment and Loan Agreement Amendment or by bond counsel, and to take such other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof. (3) The Mayor and Clerk and other officers of the City are authorized to furnish to the Lender, the Borrower, and bond counsel certified copies of all proceedings and records of the City relating to the Note Amendment and Loan Agreement Amendment, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Note as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. (4) In the event that for any reason the Mayor or the Clerk are unable to carry out the execution of any of the documents or other acts provided herein, any other officer of the City or member of its City Council as, in the opinion of the City's attorney, are authorized to act in that capacity and undertake such execution or acts on behalf of the City, shall without further act or authorization execute and deliver the Note Amendment and Loan Agreement Amendment and do all things and execute all instruments and documents required to be done or executed by such officers, with full force and effect, which executions or acts shall be valid and binding on the City. 2.2 No Liability of City. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Note, as amended, shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property or funds of the City except the revenues and proceeds pledged to the payment thereof, page 81 nor shall the City be subject to any liability thereon. The holders of the Note shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Note or the interest thereon, or to enforce payment thereof against any property of the City. The Note recites in substance that the Note, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. SECTION 3 BANK QUALIFIED. 3.1 Qualified Tax Exempt Obligations. In order to qualify the Note as a "qualified tax- exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the City hereby makes the following factual statements and representations; (1) the Note is not treated as a "private activity bond" under Section 265(b)(3) of the Code; (2) the City hereby designates the Note as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Code; (3) the reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(C) of the Code) which will be issued by the City (and all entities whose obligations will be aggregated with those of the City) during the calendar year 2015 will not exceed $10,000,000; (4) not more than $10,000,000 of obligations issued by the City during the calendar year 2015 have been designated for purposes of Section 265(b)(3) of the Code; and (5) the aggregate face amount of the Note does not exceed $10,000,000. page 82 Adopted by the City Council of the City of Mendota Heights, Minnesota this 21st day of July, 2015. Mayor ATTEST: Clerk CERTIFICATE STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS page 83 I, Lorri Smith, duly appointed, acting and qualified Clerk of the City of Mendota Heights, do hereby certify that I have examined the City of Mendota Heights records and the Minute Book of said Authority for the meeting of the 21st of July, 2015 and that the attached copy of the RESOLUTION PROVIDING FOR THE FIRST AMENDMENT TO EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE (ST. THOMAS ACADEMY PROJECT), SERIES 2010 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO was approved and is a true and correct copy of the City Proceedings relating to said Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2015. Clerk City of Mendota Heights page 84 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS Amendment to Educational Facilities Revenue Refunding Note (St. Thomas Academy Project), Series 2010 WHEREAS, on September 1, 2010, the City of Mendota Heights, Minnesota (the "Issuer") issued its $6,310,000 Educational Facilities Revenue Refunding Note (St. Thomas Academy Project), Series 2010 (the "Current Note") promising to pay U.S. Bank National Association (the "Lender"); and WHEREAS, pursuant to a Loan Agreement dated as of September 1, 2010 as amended by a First Amendment to Loan Agreement of even date herewith (collectively, the "Loan Agreement") between the Issuer, St. Thomas Academy, a Minnesota nonprofit corporation (the `Borrower"), and the Lender, the Borrower agreed to repay the Current Note in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Current Note; and WHEREAS, pursuant to a Pledge Agreement (the "Pledge Agreement") dated as of September 1, 2010 between the Issuer and the Lender, the Issuer pledged and granted a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses); and WHEREAS, the Lender and the Borrower have informed the Issuer that they have agreed to certain changes in the terms of the Current Note; and WHEREAS, pursuant to a resolution of the Issuer adopted on July 21, 2015 (the "Resolution"), the Issuer has agreed to the requested changes to the terms of the Current Note; and WHEREAS, this Amendment is authorized to be attached to the Current Note to evidence the amendments made hereby. 1. The Current Note is hereby amended by inserting a new paragraph 3A immediately after paragraph 3, which shall read as follows: 3A. (a) On any date on which the Maximum Federal Corporate Tax Rate changes, the interest rate on this Note shall be effectively adjusted by the Margin Rate Factor. (b) Definitions. For purposes of this paragraph, the following definitions apply: (i) "Margin Rate Factor" means the greater of (i) 1.0 and (ii) the product of (a) one minus the Maximum Federal Corporate Tax Rate multiplied by (b) 1.53846. The effective date of any change in the Margin Rate Factor shall be page 85 the effective date of the decrease or increase (as applicable) in the Maximum Federal Corporate Tax Rate resulting in such change; and (ii) "Maximum Federal Corporate Tax Rate" means the maximum rate of income taxation imposed on corporations pursuant to Section I I (b) of the Internal Revenue Code, as in effect from time to time (or, if as a result of a change in the Internal Revenue Code, the rate of income taxation imposed on corporations generally shall not be applicable to the Lender, the maximum statutory rate of federal income taxation which could apply to the Lender). (c) Maximum Rate. Notwithstanding the foregoing, the annual interest rate on this Note may not exceed the maximum nonusurious lawful rate of interest permitted by Minnesota law, if any (the "Maximum Rate"). (d) Excess Interest. Notwithstanding anything in this Note to the contrary, if during the term of this Note the rate of interest on this Note exceeds the Maximum Rate set forth in paragraph (c) above, then (i) this Note shall bear interest at the Maximum Rate and (ii) interest on this Note calculated at the rate equal to the difference between (A) the interest rate for this Note set forth in paragraph 1. or 2. above, as applicable, and (B) the Maximum Rate (the "Excess Interest") shall be deferred until such date as the interest rate borne by this Note set forth in paragraph 1. or 2. above, as applicable, or Section 16 below is less than the Maximum Rate, at which time Excess Interest shall be payable with respect to this Note. Payments of deferred Excess Interest shall no longer be due and payable when principal of this Note is paid in full. 2. All other terms and provisions of the Current Note remain in full force and effect. [Signature pages follow] page 86 IN WITNESS WHEREOF, the City of Mendota Heights, Minnesota, St. Thomas Academy, and U.S. Bank National Association have caused this Amendment to Note to be duly executed in their names and have caused this Amendment to Note to be dated as of 92015. CITY OF MENDOTA HEIGHTS, MINNESOTA By Its Mayor By Its Administrator [Amendment to Note] page 87 CONSENT OF: ST. THOMAS ACADEMY By Its [Amendment to Note] CONSENT OF: U.S. BANK NATIONAL ASSOCIATION By Its [Amendment to Note] page 89 FIRST AMENDMENT TO LOAN AGREEMENT Between CITY OF MENDOTA HEIGHTS, MINNESOTA AND ST. THOMAS ACADEMY Dated , 2015 Relating To $6,310,000 City of Mendota Heights, Minnesota Educational Facilities Revenue Refunding Note, Series 2010 (St. Thomas Academy Project) The interests of the City of Mendota Heights, Minnesota in the Loan Agreement dated September 1, 2010, as amended by this First Amendment to Loan Agreement (the "Loan Agreement"), have been assigned (except for the City's certain reserved rights under the Loan Agreement) pursuant to the Pledge Agreement dated September 1, 2010, between the City of Mendota Heights, Minnesota and U.S. Bank National Association (the "Lender"), and is subject to the security interest of the Lender. page 90 FIRST AMENDMENT TO LOAN AGREEMENT THIS FIRST AMENDMENT TO LOAN AGREEMENT is dated 12015 (this "Amendment"), between the CITY OF MENDOTA HEIGHTS, MINNESOTA (the "City"), a municipal corporation under the Constitution and laws of the State of Minnesota, and ST. THOMAS ACADEMY (the "Borrower"), a Minnesota nonprofit corporation. WHEREAS, on September 1, 2010, the City of Mendota Heights, Minnesota (the "Issuer") issued its $6,310,000 Educational Facilities Revenue Refunding Note (St. Thomas Academy Project), Series 2010 (the "Current Note") promising to pay U.S. Bank National Association (the "Lender"); and WHEREAS, pursuant to a Loan Agreement dated as of September 1, 2010 (the "Loan Agreement") between the Issuer and St. Thomas Academy, a Minnesota nonprofit corporation (the `Borrower"), the Borrower agreed to repay the Current Note in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Current Note; and WHEREAS, pursuant to a Pledge Agreement (the "Pledge Agreement") dated as of September 1, 2010 between the Issuer and the Lender, the Issuer pledged and granted a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses); and WHEREAS, the Lender and the Borrower have informed the Issuer that they have agreed to certain changes in the terms of the Current Note and the Loan Agreement; and WHEREAS, pursuant to a resolution of the Issuer adopted on July 21, 2015 (the "Resolution"), the Issuer has agreed to the requested changes to the terms of the Current Note and the Loan Agreement; and WHEREAS, the parties hereto wish to amend the Loan Agreement to reflect the certain amendments as set forth herein. NOW, THEREFORE, in consideration of $1.00 and other good and valuable consideration and the premises contained herein, the parties hereto agree as follows: 1. Capitalized terms not otherwise defined herein shall have the meanings given such terms in the Resolution or the Loan Agreement. 2. Section 1.1 of the Loan Agreement is hereby amended by adding the following definition: Continuing Covenant Agreement: the Continuing Covenant Agreement dated , 2015 by and between the Borrower and the Lender, as the same may from time to time be amended or supplemented; page 91 3. Section 2.2(3) of the Loan Agreement is hereby amended by deleting it in its entirety and replacing it with the following: (3) The execution and delivery of this Agreement and the Continuing Covenant Agreement, the consummation of the transactions contemplated thereby, and the fulfillment of the terms and conditions thereof do not and will not conflict with or result in a breach of any of the terms or conditions of the Borrower's articles of incorporation, any restriction or any agreement or instrument to which the Borrower is now a party or by which it is bound or to which any property of the Borrower is subject, and do not and will not constitute a default under any of the foregoing or a violation of any order, decree, statute, rule or regulation of any court or of any state or federal regulatory body having jurisdiction over the Borrower or its properties, including the Project, and do not and will not result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Borrower contrary to the terms of any instrument or agreement to which the Borrower is a party or by which it is bound. 4. Section 2.2(4) of the Loan Agreement is hereby amended by deleting it in its entirety and replacing it with the following: (4) There is public access to the Project; and, as of the date hereof, the use of the Project as designed and operated complies, in all material respects, with all presently applicable development, pollution control, water conservation and other laws, regulations, rules and ordinances of the federal government and the State of Minnesota and the respective agencies thereof and the political subdivisions in which the Project are located. All necessary and material approvals of and licenses, permits, consents and franchises from federal, state, county, municipal or other governmental authorities having jurisdiction over the Project have been or will be obtained to operate the Project and the Borrower has obtained all necessary approvals to enter into, execute and perform its obligations under this Agreement and the Continuing Covenant Agreement, and no violation of any local ordinance, laws, regulations or requirement exists with respect to the Land. 5. Section 4.1(4) of the Loan Agreement is hereby amended by deleting it in its entirety and replacing it with the following: (4) violation of any law, ordinance or regulation affecting the Project or a part thereof or the ownership, occupancy or use thereof, or arising out of this Agreement, the Continuing Covenant Agreement, the Note, or the transactions contemplated thereby, including any requirements imposed on the Lender as a financial institution or any disclosure or registration requirements imposed by any federal or state securities law; and 6. Section 4.5(1) of the Loan Agreement is hereby amended by adding a new subparagraph (m) thereto as follows: (m) The Borrower shall maintain such written procedures as appropriate and applicable to ensure the Borrower's principal responsibility for compliance with the post- page 92 issuance requirements necessary to maintain the tax-exempt status of the interest on the Note, including requirements that must be continually monitored, including (i) monitoring the investment (pending expenditure) of Note proceeds (and keep detailed records thereof) in order to assure compliance with the arbitrage requirements applicable to the Note, (ii) monitoring the expenditure of Note proceeds (and keep detailed records thereof), (iii) monitoring the use of the Project in order to ensure that the Note continues to qualify as a qualified 501(c)(3) bond within the meaning of Section 145 of the Code, (iv) periodically consulting with Bond Counsel with respect to arbitrage issues and compliance, and (v) consulting with Bond Counsel as necessary to determine whether, and to what extent, any change in the use or purpose of the financed facility will require any remedial action under the relevant Treasury Regulations. 7. Section 4.13 of the Loan Agreement is hereby amended by [how will financial covenants be changed as a result of the CCA?] 8. Section 6.1 of the Loan Agreement is hereby amended by adding a new subparagraph (10) thereto that reads as follows: (10) The occurrence of an Event of Default as defined in the Continuing Covenant Agreement. 9. Except as herein amended or supplemented all other provisions of the Loan Agreement shall remain in full force and effect. 10. In the event any provision of this Amendment shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. This Amendment may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 12. This Amendment shall be governed by and construed in accordance with the laws of the State of Minnesota. page 93 IN WITNESS WHEREOF, the City has caused this Amendment to be executed in its corporate name attested by its duly authorized officials. The Borrower has caused this Amendment to be executed in its corporate name attested by its duly authorized officers. All of the above occurred as of the date first above written. CITY OF MENDOTA HEIGHTS, MINNESOTA By: Mayor By: City Administrator First Amendment to Loan Agreement dated as of 92015 page 94 ST. THOMAS ACADEMY Its First Amendment to Loan Agreement dated as of , 2015 page 95 Consented to by: U.S. BANK NATIONAL ASSOCIATION, as Lender Its First Amendment to Loan Agreement dated as of , 2015 i✓6..1 P�r✓Nt` rte L ',q�J PGR(-3eX � ''t- fit issuance requirements necessary to maintain the tax-exempt status of the interest on the Note, including requirements that must be continually monitored, including (i) monitoring the investment (pending expenditure) of Note proceeds (and keep detailed records thereof) in order to assure compliance with the arbitrage requirements applicable to the Note, (ii) monitoring the expenditure of Note proceeds (and keep detailed records thereof), (iii) monitoring the use of the Project in order to ensure that the Note continues to qualify as a qualified 501(c)(3) bond within the meaning of Section 145 of the Code, (iv) periodically consulting with Bond Counsel with respect to arbitrage issues and compliance, and (v) consulting with Bond Counsel as necessary to determine whether, and to what extent, any change in the use or purpose of the financed facility will require any remedial action under the relevant Treasury Regulations. 7. Section 4.13 of the Loan Agreement is hereby amended byEdeleting it in its entirety and replacing it with the following Section 4.13 Financial Covenants. Borrower shall achieve and/or maintain the financial covenants set forth in the Continuing Covenant Agreement; provided, however, the Borrower shall not be subject to covenants with respect to the Note that would otherwise cause the Note to be an "'arbitrage bond" or adversely affect the exclusion of interest on the Note from gross income for federal income tax purposes. 8. Section 6.1 of the Loan Agreement is hereby amended by adding a new subparagraph (10) thereto that reads as follows: (10) The occurrence of an Event of Default as defined in the Continuing Covenant Agreement. 9. Except as herein amended or supplemented all other provisions of the Loan Agreement shall remain in full force and effect. 10. In the event any provision of this Amendment shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. This Amendment may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 12. This Amendment shall be governed by and construed in accordance with the laws of the State of Minnesota. 7146213v2 <b K submitted to the City Council and is on file in the office of the City Clerk (the "Note Amendment"). (7) The form of First Amendment to Loan Agreement between the City and the Borrower and consented to by the Lender, proposed to be entered into in order to document changes in the terms of the Loan Agreement has been submitted to the City Council and is on file in the office of the City lerkAdininistrator (the "Loan Agreement Amendment"). SECTION 2 AUTHORIZATION OF NOTE AMENDMENT. 2.1 Approval and Execution of Note Amendment and Loan Agreement Amendment. (1) The Note Amendment and Loan Agreement Amendment are made a part of this Resolution as though fully set forth herein and are hereby approved in substantially the foram presented to the City Council. The Mayor and the Gkq-kAdministrator are authorized and directed to execute, acknowledge, and deliver the Note Amendment and Loan Agreement Amendment on behalf of the City with such changes, insertions, and omissions therein as bond counsel to the City may hereafter deem appropriate, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof. (2) The Mayor and the Qer-kAdministrator are authorized and directed to execute and deliver all other docurrients which may be required under the terms of the Note Amendment and Loan Agreement Amendment or by bond counsel, and to take such other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof. (3) The Mayor and Glei--kAdministrator and other officers of the City are authorized to furnish to the Lender, the Borrower, and bond counsel certified copies of all proceedings and records of the City relating to the Note Amendment and Loan Agreement Amendment, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Note as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. (4) In the event that for any reason the Mayor or the Glei---kAdministrator are unable to carry out the execution of any of the documents or other acts provided herein, any other officer of the City or member of its City Council as, in the opinion of the City's attorney, are authorized to act in that capacity and undertake such execution or acts on behalf of the City, shall without further act or authorization execute and deliver the Note Amendment and Loan Agreement Amendment and do all things and execute all instruments and documents required to be done or executed by such officers, with full force and effect, which executions or acts shall be valid and binding on the City. 2.2 No Liabili1y of City. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal Rinds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Note, as amended, shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any 0) 716-5-231-x- 716523 16523 +2- 716523 10