1 ## City Council ## Regular Meeting Monday, August 3, 2026, 6:30 PM ## 106 Center Street Members of the public may attend the City Council meeting either in person or by joining via Zoom either online or by telephone at: ## Join Zoom Meeting https://us02web.zoom.us/j/88526566715 Meeting ID: 885 2656 6715 One tap mobile ## +13052241968,,88526566715# US ## +13092053325,,88526566715# US Dial by your location ## • +1 305 224 1968 US ## AGENDA 1. Call to Order ## 2. Roll Call ## 3. Meeting Agenda Approval 4. Approval of Minutes ## a) July 20, 2026 Work Session Minutes ## b) July 20, 2026 City Council Minutes ## 5. Open Forum This is the time for the public to speak. Open Forum will be limited to one-half hour. No person may speak more than 5 minutes or more than once. Each subject will have a limit of 10 minutes. Council members may ask questions of the speaker. With the agreement of the Council, such matters taken up during the “Open Forum” may be scheduled on the current or a future Agenda. Members of the public interested in speaking on an agenda item may direct a request to be recognized to the Mayor. ## 6. City Council Communications, Questions, and Reports ## a) Council Work Group Updates ## b) Election Update ## c) Construction Updates ## d) South Lake Minnetonka Police Department Update Page 1 of 117 2 ## e) Excelsior Fire District Update f) Summary of Closed Session on July 20, 2026 ## 7. Meet Excelsior ## 8. Consent Agenda a) Review Verified Claims under $20,000 and Approve Verified Claims over $20,000 ## b) June Financials c) Ordinance No. 700 - Amendment to Chapter 34 Sewer Service ## d) Approve City Manager Employment Agreement ## e) Haskell's Liquor License Refund Request f) 2026 Sanitary Sewer Lining Project - Accept Bids Received and Award Contract ## g) Parks and Recreation Commission Appointment ## 9. Public Hearings a) Ordinance No. 698 Amendment to Swimming Pool Standards - 7:00 PM b) Ordinance No. 697 Amending City Ordinance, Appendix E, Chapter 15, Section 15-4 Nonconforming Structures to Clarify Definitions of "Expansion" - 7:15 PM c) Ordinance No. 699 Amendment to Porch and Pergola Definitions - 7:35 PM ## 10. Petitions, Requests, and Communications a) Resolution 2026-40 Issuing 2026C General Obligation (GO) Bonds - 8:00 PM 11. Ordinances and Resolutions ## 12. Reports of Officers, Boards, and Committees a) 2027 Excelsior Fire District Budget and Capital Improvement Plan (CIP) - 8:15 PM b) Presentation from Interim Fire Chief Basinger Regarding the Haskell's Fire - 8:30 PM ## 13. Unfinished Business ## 14. New Business ## a) Scheduling City Ice Cream Social and City Council Training 15. Adjournment Page 2 of 117 ## City of Excelsior ## City Council Work Session ## Minutes Monday, July 20, 2026 ## 106 Center Street – Entrance located off Center Street ## 5:30 P.M. – 6:30 P.M. ## 1. CALL TO ORDER/ROLL CALL Mayor Ringate called the work session to order at 5:32 PM. ## Present: Mayor Ringate and Councilmembers Caron, O’Hanlon, Bildsoe, and Vogel Also Present: City Manager Luger. ## 2. APPROVAL OF AGENDA Bildsoe moved to approve the work session agenda. O’Hanlon seconded. Motion carried 5/0. ## 3. NEW BUSINESS (a) Closed meeting pursuant to Minnesota Statues Section 13.05 Subd. 3(a) to evaluate the performance of the City Manager O’Hanlon voted to close the meeting. Caron seconded. Motion carried 5/0. O’Hanlon voted to end the closed session. Caron seconded. Motion carried 5/0. ## 4. ADJOURNMENT Caron moved to adjourn. Vogel seconded. Motion carried 5/0. The work session adjourned at 6:30 PM. Respectfully submitted, ## Hilary Vokovan ## City Clerk Page 3 of 117 ## City of Excelsior ## City Council Meeting ## Minutes Monday, July 20, 2026 106 Center Street, Excelsior, MN 55331 – Entrance is located on Center Street ## 6:30 P.M. ## 1. CALL TO ORDER/ROLL CALL Mayor Ringate called the meeting to order at 6:45 P.M. Present: Mayor Ringate and Councilmembers Caron, O’Hanlon, Bildsoe, and Vogel. Also Present: City Manager Luger, Assistant City Manager Lindberg, City Clerk Vokovan, City Engineer Dawley, and City Attorney Tolar. ## 2. APPROVAL OF AGENDA Bildsoe moved to approve the agenda. Vogel seconded. Motion carried 5/0. ## 3. APPROVAL OF MINUTES ## (a) June 15, 2026 Work Session Minutes ## (b) June 15, 2026 City Council Minutes Bildsoe moved approval of both sets of minutes. O’Hanlon seconded. Motion carried 5/0. ## 4. OPEN FORUM This is the time for the public to speak. Open forum will be limited to one-half hour. No person may speak more than 5 minutes or more than once. Each subject will have a limit of 10 minutes. Council members may ask questions of the speaker. With the agreement of the Council, such matters taken up during the “Open Forum” may be scheduled on the current or future Agenda. Members of the public interested in speaking on an agenda item may direct a request to be recognized to the Mayor. Teena Bolin, 723 Water Street expressed concerns about traffic and signage near The Waters. ## 5. CITY COUNCIL COMMUNICATIONS, QUESTIONS AND REPORTS ## (a) Council Work Group Updates O’Hanlon provided an update on the Mini Master Plan. ## (b) Elections Update Clerk Vokovan provided an elections update. ## (c) Public Works Construction Updates City Engineer Dawley provided a construction update. ## (d) South Lake Minnetonka Police Department update ## 6. MEET EXCELSIOR Page 4 of 117 None. ## 7. CONSENT AGENDA (a) Review Verified Claims under $20,000 and Approve Verified Claims over $20,000 (b) Resolution 2026-38 Calling for Public Hearing on Assessment for 2022-2023 Street ## and Utility Improvements Project (MCES L20) (c) Second Reading and Approval of Ordinance No. 696 Amending City Ordinance, ## Appendix E, Section 24 Signs (d) Resolution 2026-37 Appointing Election Judges and Absentee Ballot Board for the ## 2026 State Primary and General Election ## (e) 2026 Goal Report – Second Quarter ## (f) May Financials ## (g) Second Quarter Gambling Report (h) FOG Ordinance (Rescheduled) (i) Division Street Watermain Lining Project – Approve Pay Voucher No. 1 (j) Third and Center Street SUIP – Approve Pay Voucher No. 1 ## (k) PNR Bench Donation – John “Punk” Seamans ## (l) PNR Bench Donation – Michael McNulty O’Hanlon pulled item (d) Resolution 2026-37 relating to election judges. Bildsoe commented on items (k) and (l) relating to the Park Bench Donations. Bildsoe moved approval of the Consent Agenda. O’Hanlon seconded. Motion carried 5/0. ## 8. Public Hearings (a) Appeal of HPC Decision to Deny Site Alteration Permit for Partial Demolition of the Tonka Theatre Building, 26 Water Street. Community Development Director Mullin addressed the Council on the project. The applicant Matt Mitthun and representatives addressed the Council. Mayor Ringate opened the public hearing. Tom Ferris, owner of Lagos Tacos spoke in favor of the project. Mike Slater, Co-owner of Lagos Tacos spoke in favor of the project. Bruce Kelly, 165 Maple Street, spoke in favor of the project. Bruce Noll, 214 1 st street, spoke in favor of the project. Ryan Sather, manager of Excelsior Shores, spoke in favor of the project. Cindy Graham, 603 Lake Street, spoke in favor of the project. Chad Babcock, 44 Center Street, spoke in favor of the project. Sharon Dahlstrom, 233 Center, spoke in favor of the project. Mayor Ringate closed the public hearing. Bildsoe made a motion to approve Resolution 2026-39 “A Resolution Reversing the Heritage Preservation Commission’s Decision to Deny a Site Alteration Permit for the Page 5 of 117 Partial Demolition and Rear Wall Design of the Tonka Theater at 26 Water Street.” Vogel seconded. The City Council discussed the motion and the potential findings of fact. Bildsoe moved to table the motion to approve Resolution 2026-39 until the August 17 th City Council meeting and to have staff revise the Resolution 2026-39 with the findings of fact discussed. Vogel seconded. Motion carried 5/0. (b) Ordinance No. 697 Amending City Ordinance, Appendix E, Chapter 15, Section 15-4 Non- ## Conforming Structures to Clarify Definitions of “Expansion.” Bildsoe moved to continue Ordinance No. 697 to the August 3 rd City Council meeting. O’Hanlon seconded the motion. Motion carried 5/0. ## 9. PETITIONS REQUESTS AND COMMUNICATIONS None. ## 10. ORDINANCES AND RESOLUTIONS None. ## 11. REPORTS OF OFFICERS, BOARDS AND COMMITTEES None. ## 12. UNFINISHED BUSINESS None. ## 13. NEW BUSINESS None. ## 14. ADJOURNMENT Bildsoe moved to adjourn. O’Hanlon seconded. Motion carried 5/0. The City Council adjourned at 9:30 P.M. Respectfully submitted, ## Hilary Vokovan ## City Clerk Page 6 of 117 Item: 6.b. ## ITEM REPORT ## To: City Council ## From: Hilary Vokovan, City Clerk ## Meeting Date: August 3, 2026 ## Department/Office: Administration ## Item Name: Election Update ## Summary: ## Candidate Filing Closed July 28, 2026 at 5 PM Early Voting Period Open through August 10, 2026 until 5 PM Early Voting Open Saturday August 8 from 9 AM - 3 PM ## Office Hours ## Monday - Thursday (Closed Friday) ## 7:30 AM - 5:30 PM ## City Hall: 261 School Ave, Third Floor, Excelsior, MN 55331 ## State Primary Election August 11, 2026 ## 7 AM - 8 PM Mount Calvary Lutheran Church: 301 County Road 19, Excelsior, MN 55331 ## Recommended Action: No Action. Information Only. ## Budget: ## Attachments: ## None Page 7 of 117 07/29/2026 CHECK REGISTER FOR CITY OF EXCELSIOR ## CHECK DATE 07/15/2026 - 07/29/2026 ## Check DateCheckAmount ## Bank GEN WELLS FARGO 07/23/20269387729,050.00 07/23/202693887341,829.50 07/23/20269390044,995.00 ## GEN TOTALS: Total of 3 Checks:415,874.50 ## Less 0 Void Checks:0.00 Total of 3 Disbursements:415,874.50 Page 8 of 117 ## 07/29/2026CHECK REGISTER FOR CITY OF EXCELSIOR ## CHECK DATE 07/15/2026 - 07/29/2026 ## Check DateCheckAmount ## Bank GEN WELLS FARGO ## 07/18/20263594(E)9,686.11 ## 07/22/20263590(E)16,810.23 ## 07/22/20263591(E)900.00 ## 07/22/20263592(E)8,703.90 ## 07/22/20263593(E)3,032.38 07/23/2026938781,589.00 07/23/202693879256.65 07/23/2026938801,090.48 07/23/20269388139.14 07/23/2026938824,029.58 07/23/202693883123.75 07/23/202693884303.53 07/23/202693885121.12 07/23/202693886354.33 07/23/20269388814,216.64 07/23/20269388910.00 07/23/202693890557.00 07/23/202693891150.00 07/23/202693892300.00 07/23/202693893100.00 07/23/2026938943,311.00 07/23/20269389575.00 07/23/202693896125.70 07/23/202693897383.82 07/23/2026938981,504.65 07/23/202693899138.00 07/23/2026939017,077.90 07/23/202693902319.13 07/23/20269390312,087.85 07/23/20269390413.50 07/23/2026939054,190.00 07/23/2026939062,923.00 07/23/20269390719,260.00 07/23/202693908235.82 07/23/2026939092,900.03 07/23/2026939104,650.00 07/23/20269391113.20 07/23/2026939121,080.00 Page 9 of 117 07/23/20269391315.10 07/23/2026939141,444.00 07/23/202693915207.00 07/23/202693916582.86 07/23/2026939176,089.59 07/23/2026939182,583.65 ## GEN TOTALS: Total of 44 Checks:133,584.64 ## Less 0 Void Checks:0.00 Total of 44 Disbursements:133,584.64 Page 10 of 117 1 ## General Fund Revenues The June target budget is 50%. The deposit property tax settlement came in which put the General Fund revenues close to target. Final settlement will be in July. Transfers from the Dock Fund and Park Capital Fund will bring the fund close to target in July. ## GENERAL FUND BUDGET ## JUNE ## REVENUE ## YTD ## REVENUE ## VARIANCE ## PERCENT ## RECEIVED Taxes and Franchise Fees 2,087,125 1,100,000 1,136,862 950,263 54.47% Business Licenses 120,925 550 5,325 115,600 4.40% Non-Business Licenses/Permits 271,050 22,775 184,385 86,665 68.03% Intergovernmental Revenue 57,000 4,840 12,063 44,937 21.16% Charges for Servic es 73,900 9,519 37,924 35,976 51.32% Fines 15,000 6,625 10,907 4,093 72.71% Water Tower and Kayak Rental 46,500 517 49,786 (3,286) 107.07% Park Vendor, Garden and Cemetery Plots 42,000 - 9,860 32,140 23.48% T ransfers from Ot her Funds 625,000 6 25,000 0.00% Other Revenue 144,500 2,394 21,863 122,637 15.13% ## GENERAL FUND T OT AL 3,483,000 1,147,219 1,468,976 2,014,024 42.18% ## JuneAnnual% of Annual ## YTD RevenuesRevenuesRevenues 20241,495,560$ 3,097,442$ 48.28% 20251,342,041$ 3,486,562$ 38.49% 20261,468,976$ 3,483,000$ 42.18% Item 8(b ) iil ## Date: ## Jenny Palmer-Finance Director ## City Council ## MEMORANDUM ## Re: ## To: Aug 3, 2026 ## From: Page 11 of 117 2 ## General Fund Expenses General Fund Expenses are over budget by 11.57%. This is mainly due to third Quarter Police and Fire payments made in June. Recreations Programs is over budget due to some expenses for movies in the park. ## GENERAL FUNDBUDGET ## JUNE ## EXPENSE ## YTD ## EXPENSE ## VARIANCE ## PERCENT ## EXPENDED Counc il19,4693,682 8,227 11,242 42.26% Cit y Manager/Clerk245,65218,226 131,655 113,997 53.59% Elec t ions7,624- 867 6,757 11.37% Financ e84,5496,263 42,948 41,601 50.80% Planning & Zoning275,41119,880 135,267 140,144 49.11% Cit y Administ rat ion336,65339,095 190,048 146,605 56.45% Heritage Preservation25,500175 10,215 15,285 40.06% Polic e1,064,764264,494 798,321 266,443 74.98% Fire361,20889,802 269,406 91,802 74.58% Building Inspec t ions75,0005,705 22,279 52,721 29.71% Engineering50,000- 7,374 42,627 14.75% Streets308,30238,985 179,991 128,311 58.38% Park Maintenanc e528,36864,231 280,822 247,546 53.15% Rec reat ion Program500465 923 (423) 184.50% Trees and Plantings100,00021,951 66,054 33,946 66.05% ## GENERAL FUND T OT AL3,483,000572,9542,144,3961,338,60461.57% ## JuneAnnual% of Annual ## YTD ExpensesExpensesExpenses 20241,588,220$ 3,097,442$ 51.28% 20251,824,087$ 3,346,062$ 54.51% 20262,144,396$ 3,483,000$ 61.57% Page 12 of 117 3 ## Enterprise Funds Revenue The Enterprise Fund revenues are slightly below budget by 1.43%. The months included in the revenues for Water and Sewer are October 25-March 26 which are the lower usage months. The months of April-October are the high water usage months so these rates will stabilize over the summer season. Charter boat revenues are coming in now which brings the Dock Fund close to budget for the year. ## BUDGET ## JUNE ## REVENUE ## YTD ## REVENUE ## VARIANCE ## PERCENT ## RECEIVED Water Fund 1,379,370 3,263 538,822 840,548 39.06% Sewer Fund 1,030,096 1,132 401,575 628,521 38.98% Street Lighting Fund 76,000 122 36,953 39,047 48.62% Doc ks Fund 537,007 203,361 495,156 41,851 92.21% ## Surfac e Water Mgmt Fund 380,400 5,256 180,329 200,071 47.41% ## ENTERPRISE FUND TOTAL 3,402,873 213,134 1,652,835 1,750,038 48.57% ## JuneAnnual% of Annual ## YTD RevenuesRevenuesRevenues 20241,344,179$ 2,584,550$ 52.01% 20251,668,754$ 2,836,495$ 58.83% 20261,652,835$ 3,402,873$ 48.57% Page 13 of 117 4 ## Enterprise Funds Expenditures The Enterprise Fund expenses are 4.68% below the target budget of 50% for June. ## BUDGET ## JUNE ## EXPENSE ## YTD ## EXPENSE ## VARIANCE ## PERCENT ## EXPENDED Water Fund926,074131,847 482,464 443,610 52.10% Sewer Fund1,045,025158,582 559,387 485,638 53.53% Street Lighting Fund91,3318,656 42,978 48,353 47.06% Doc ks Fund 564,892 46,716 147,005 417,887 26.02% Surfac e Water Mgmt Fund430,30618,723 153,747 276,559 35.73% ## ENTERPRISE FUND TOTAL3,057,628364,525 1,385,581 1,672,047 45.32% ## JuneAnnual% of Annual ## YTD ExpensesExpendituresExpenditures 20241,254,997$ 2,657,378$ 47.23% 20251,051,449$ 2,449,727$ 42.92% 20261,385,581$ 3,057,628$ 45.32% Page 14 of 117 5 ## Parking Fund Revenues The parking revenues are now tracked in their own fund. The main revenue generating months for parking are May-August. Charter boat invoices have gone out which brings that line item just over total budget for the year. ## PARKING FUND BUDGET ## JUNE ## REVENUE ## YTD ## REVENUE ## VARIANCE ## PERCENT ## RECEIVED ## Spec ial Event Parking 62,20029,28331,909 30,291 51.30% ## Metered Parking883,00088,784 236,820 646,180 26.82% ## Parking Permit s25,0001,620 30,211 (5,211) 120.84% Parking Cit at ions50,0002,005 29,385 20,615 58.77% ## Parking Impact Fees00 0 - 0.00% ## Charter Boat Maintenance Fees30,30030,416 30,416 (116) 100.38% ## Parking Lot Maintenanc e Fees45,9000 14,487 31,413 31.56% ## PARKING FUND T OT AL 1,096,400152,108373,228723,172 34.04% ## JuneAnnual% of Annual ## YTD RevenuesRevenuesRevenues 2024311,312$ 745,122$ 41.78% 2025222,869$ 602,394$ 37.00% 2026373,228$ 1,096,400$ 34.04% Page 15 of 117 6 ## Parking Fund Expenses Parking Fund expenses are below budget by 25%. This will stabilize with higher operator fees for June, July and August. The budget for Ramp Reserves for Major Repairs has been updated to reflect the budget from Interstate Parking. Ramp Maintenance is over budget due to the Parking Fund’s share of the annual street sweeper lease payment made in February. City Staff is over budget due to worker’s compensation paid in full in April. Permitting, Office, Bank Fees and Admin Costs is over budget, this line item includes $35,023 of sales and use tax and credit card fees. ## PARKING FUNDBUDGET ## JUNE ## EXPENSE ## YTD ## EXPENSE ## VARIANCE ## PERCENT ## EXPENDED ## Ramp Reserves for Major Repairs18,9453 ,1579,4739,47250.00% ## Ramp Insuranc e, Ut ilit ies, Supplies10,5008914,9865,51447.49% ## Ramp Maintenanc e11,00010,09790391.79% ## City Staff96,1629,23456,31339,84958.56% ## Parking Operat or401,15079,000156,200244,95038.94% ## Permit t ing, Offic e, Bank Fees, Admin Cost s86,30515,32651,47134,83459.64% Downt own Beaut ific at ion35,0001,0094,08130,91911.66% ## Transfer to General Fund350,0000350,0000.00% T ransfer t o Debt Servic e204,5590204,5590.00% ## PARKING FUND T OT AL1,213,621108,617292,621921,000 24.11% ## JuneAnnual% of Annual ## YTD ExpensesExpensesExpenses 2024286,990$ 587,913$ 48.82% 2025335,587$ 685,746$ 48.94% 2026292,621$ 1,213,621$ 24.11% Page 16 of 117 7 ## Capital and Special Revenue Funds ## Revenues: • Capital Project fund is under budget due to the anticipated sale of 106 Center Street. ## Expenditures: • Debt Service Funds are over budget due to principal and interest payments due in January. These funds will stabilize throughout the year. Council Action: Accept report for filing. ## RevenuesBUDGET ## JUNE ## ACT IVIT Y ## Y T D VARIANCE ## PERCENT ## EXPENDED Local Sales Tax - The Commons 802,000 65,207 349,969 452,031 43.64% Debt Service Funds 1,423,885 9,793 710,806 713,079 49.92% Capit al Projec t Funds 1,430,622 189 175,352 1,255,270 12.26% ## Expenditures Local Sales Tax - The Commons 875,000 69,721 772,469 102,531 88.28% Debt Service Funds 1,654,270 575 1,359,135 295,136 82.16% Capit al Projec t Funds 619,300 59,458 349,090 270,210 56.37% Page 17 of 117 Item: 8.c. ## ITEM REPORT ## To: City Council ## From: Tim Amundsen, Public Works Director ## Meeting Date: August 3, 2026 ## Department/Office: Public Works Item Name: Ordinance No. 700 - Amendment to Chapter 34 Sewer Service ## Summary: ## SUMMARY Staff recommends approval of 34-42, a new ordinance to establish a comprehensive FOG control program. This will protect the City's sanitary sewer system from costly blockages caused by fats, oils, and grease while supporting local businesses through clear compliance guidelines. ## BACKGROUND Fats, oils, and grease (FOG) from food service establishments are a primary cause of sewer line clogs, leading to backups, overflows, and expensive emergency repairs. The City has experienced several FOG-related backups in recent years, resulting in increased sewer maintenance frequency in problem areas. A voluntary FOG program was implemented several years ago, but compliance has been low—only 5 out of 23 FSEs (21%) submitted required annual reports last year. Onsite inspections conducted with Metropolitan Council staff have revealed that many establishments lack proper FOG treatment devices or fail to maintain them adequately. As a historic City, many FSEs were not originally equipped with modern grease interceptors or grease traps. Many cities across Minnesota, including Minneapolis, St. Paul, Bloomington, and Rochester, have successfully implemented mandatory FOG control programs that have reduced maintenance costs and extended infrastructure life. ## KEY TAKEAWAYS FROM PROPOSED ORDINANCE ## SCOPE AND APPLICATION The ordinance applies to Food Service Establishments (FSEs) that discharge wastewater into the City’s sanitary sewer system. Exemptions may be granted by the Public Works Director for operations that do not generate FOG, such as those serving only pre-packaged foods or catered meals cleaned off-site. Page 18 of 117 ## INSTALLATION REQUIREMENTS Most FSEs must install an exterior gravity grease interceptor meeting Minnesota State Plumbing Code standards. Alternatives like hydro-mechanical traps may be approved if exterior installation is not feasible due to space or slope constraints. Existing FSEs have until June 1, 2027 to comply, while new or renovated facilities must install systems as a condition of permits and occupancy. ## MAINTENANCE AND REPORTING Facilities are required to perform regular cleaning—every 90 days for exterior interceptors and 30 days for interior traps—or more frequently as needed. Strict protocols prohibit decanting waste back into the system or using unapproved chemicals. Detailed records of maintenance, cleaning, and employee training must be maintained and submitted annually to the City. ## COMPLIANCE AND INSPECTIONS The City will conduct regular inspections to verify compliance. FSEs must allow access and maintain systems in good condition. Upon successful installation and verification, the City issues a certificate of compliance. Training materials will be provided to support businesses. ## ENFORCEMENT Violations are subject to escalating administrative fines, with additional remedies including permit revocation or sewer service termination in severe cases. Property owners and FSE operators are jointly and severally liable, ensuring accountability. ## BENEFITS AND RATIONALE FOR APPROVAL By preventing FOG from entering the sewer system, the ordinance will significantly reduce sewer blockages, overflows, and related public health risks while protecting the environment. It will also lower the City’s long-term costs for sewer cleaning and emergency repairs, as similar programs in other municipalities have demonstrated substantial savings and extended infrastructure lifespan. The standards are clear, enforceable, and fully aligned with the Minnesota State Plumbing Code. Additionally, the City will support affected businesses by providing training materials and implementing the requirements on a phased schedule. ## IMPLEMENTATION AND TIMELINE Notices will be sent to affected FSEs. Full compliance expected by June 1, 2027, with ongoing inspections and reporting thereafter. Page 19 of 117 ## FISCAL IMPACT No significant new expenditures anticipated. Revenue from potential fines will offset administrative costs. Long-term savings in sewer maintenance expected. ## Recommended Action: It is recommended that the City Council approve the First Reading of Ordinance No. 700 and schedule the Second Reading and approval of the ordinance for the August 17th City Council meeting. ## Budget: ## Attachments: 1. Ordinance No. 700 Page 20 of 117 Page 21 of 117 Page 22 of 117 Page 23 of 117 Page 24 of 117 Page 25 of 117 Page 26 of 117 Page 27 of 117 Page 28 of 117 Item: 8.d. ## ITEM REPORT ## To: City Council ## From: Kristi Luger, City Manager ## Meeting Date: August 3, 2026 ## Department/Office: Administration ## Item Name: Approve City Manager Employment Agreement ## Summary: As part of the city manager's performance review, the City Council reviewed the city manager's Employment Agreement since it has not been modified since 2016. A copy of the updated agreement is included in the packet. ## Recommended Action: Approve the City Manager Employment Agreement. ## Budget: ## Attachments: 1. Revised Employment Agreement - 2026 Page 29 of 117 ## EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, entered into this 3 rd day of August, 2026, by and between the CITY OF EXCELSIOR, MINNESOTA, a municipal corporation and political subdivision, hereinafter referred to as “City”, and Kristi Luger, hereinafter referred to as “Employee.” ## RECITALS WHEREAS, Employee has been employed by City as its City Manager since April 21, 2008; and WHEREAS, Employee’s employment to date has been governed by an Employment Agreement dated March 17, 2008; and WHEREAS, Employee and City agree that it is appropriate to update Employee’s Employment Agreement to better reflect the current circumstances of her employment. NOW, THEREFORE, for good and valuable mutual consideration, and with the intent of being legally bound, the City and Employee agree as follows: 1. EMPLOYMENT. Subject to the terms and conditions set forth in this Employment Agreement, the City agrees to continue to employ Employee to serve as City Manager to perform the duties and responsibilities associated with that position in accordance with the requirements of the City Charter, state and federal laws (including Minn. Stat. sections 412.601 through .751), and City ordinances and to perform such other legally permissible and proper duties and functions as the City Council shall, from time to time, assign. 2. CONTINUED EMPLOYMENT AND HOURS OF WORK. By entering into this Employment Agreement, Employee and City Agree to terminate their Employment Agreement dated October 17, 2016 and replace it with this Employment Agreement. Nothing herein, however, shall be construed to constitute an interruption in Employee’s employment and Employee and the City shall continue to treat Employee’s employment with the City as having commenced on April 21, 2008 (“Commencement Date”). It is understood that the position of City Manager requires attendance at evening meetings and occasionally at weekend meetings. Employee recognizes that additional compensation and compensatory time shall not be allowed for such evening and weekend expenditure of time. Employee and the City agree, however, that Employee may from time to time be absent from the office during regular business hours in consideration of the extraordinary time expenditures associated with evening and weekend meetings provided that such absences do not interfere with acceptable performance of her duties. ## 3. PERFORMANCE REVIEWS. The City Council shall conduct biannual performance reviews of Employee. To the extent practical, City and Employee shall endeavor to have said performance reviews be conducted on or about the annual anniversary of the Page 30 of 117 Page 2 Commencement Date. Upon completion of each performance review, the City Council shall generate a written summary of Employee’s performance which shall be provided to Employee and placed in her personnel file. 4. COMPENSATION. In consideration of her performance of the duties required of her by this Employment Agreement, Employee shall be paid an annual salary commiserate with her skill and tenure, in line with city policy and procedure starting on January 1, 2017, and shall receive cost of living increases on the same schedule and at the same times as are received by other employees of the City. Additional increases in salary may be awarded from time to time by the City Council based on the results of performance evaluations, rate studies, industry benchmarking, or based on any other measure the City Council deems appropriate. The position of City Manager is an executive, exempt position under the Fair Labor Standards Act and shall not be eligible for cash overtime or compensatory time in lieu of overtime. 5. BENEFITS. The City shall provide Employee with the same group medical, dental, and life insurance benefits as are provided to all other non-union employees. 6. PENSION. The City shall contribute to PERA as required by state law or in an equivalent amount to an alternative plan selected by Employee if authorized by state law. ## 7. EXPENSE REIMBURSEMENT AND CAR ALLOWANCE. ## a. Non-Automotive Expense Reimbursement. The City shall reimburse Employee for miscellaneous job-related expenses unrelated to automotive travel expenses incurred by Employee per an annual budget proposed by Employee and approved by the Council from time to time provided that Employee provides the City with documentation of the expenses. b. Car Allowance. Employee shall be paid a monthly allowance of $400.00 to compensate her for the use of her personal automobile for City business. The City shall report this payment as part of Employee’s compensation and it shall be Employee’s responsibility to gather and retain any documentation necessary to characterize the expenses as deductible for tax purposes. ## 8. VACATION, HOLIDAYS, AND SICK LEAVE. a. Vacation. Employee shall earn 216 hours of vacation per year in 2027 and 2028, 224 hours per year in 2029 and 2030, and 232 hours per year in 2031. Employee’s maximum balance of vacation days shall be governed by the City’s personnel ordinance. b. Holidays. Employee shall be entitled to the paid holidays identified in the City’s personnel ordinance effective upon the Commencement Date and as amended from time to time notwithstanding anything in the City’s Page 31 of 117 Page 3 personnel ordinance to the contrary. c. Sick Leave. Employee’s sick leave shall accrue at a rate of eight (8) hours per month. ## 9. DUES, SUBSCRIPTIONS, AND PROFESSIONAL DEVELOPMENT. The City and Employee recognize the importance and benefits of belonging to professional associations and participating in continuing professional education and development. Accordingly, the City agrees to pay annual dues for Employee to belong to ICMA and MCMA. In addition, the City agrees to support a reasonable annual budget for professional development, continuing education, and membership in other professional associations. The actual annual budget for these items shall be approved annually by the City Council after reviewing Employee’s recommendations. 10. CIVIC CLUB MEMBERSHIP. The City and Employee also recognize the importance of maintaining relationships with local civic and other organizations serving the community. To the extent that payment of dues to such organizations have a public purpose and are necessary to facilitate relationships with such organizations, the City shall reimburse Employee for the cost of membership. The actual annual budget for these items shall be approved annually by the City Council after reviewing Employee’s recommendations. 11. TERMINATION. The City and Employee agree to have this Employment Agreement continue in effect until terminated or modified by mutual agreement (as provided in section 12.b.) or terminated as provided below. a. By City. The City may terminate Employee’s employment by directing written notice of termination to Employee in person or by registered or certified mail. No advance notice shall be required for such termination but, in the event that such termination is without “cause” as defined herein, the City shall make a lump sum payment to Employee of an amount equal to six (6) months compensation as provided in paragraph 4 of this Employment Agreement and continue to pay the City share in effect at the time of termination of the Employee’s group hospital, medical, dental, life, and disability insurance plans for a period of six months from the effective date of her termination. If the termination occurs before the conclusion of the probationary period, the City shall have no obligation to pay Employee additional compensation or benefits after the effective date of her termination. If City terminates Employee with “cause” as defined herein, Employee shall not be entitled to any additional compensation or benefits after the effective date of termination other than continuation benefits required by law at the time of termination. For purposes of this Agreement, “cause” shall be defined to mean misconduct or incompetence of a nature that make Employee unfit to perform the duties of City Manager. Page 32 of 117 Page 4 b. By Employee. Employee may terminate her employment with the City by providing the City with 30 days written notice delivered in person or via registered or certified mail to the City Clerk. In the event that Employee voluntarily terminates her employment with the City pursuant to this paragraph, she shall not be entitled to further compensation or benefits after the effective date of her termination. ## 12. GENERAL PROVISIONS. a. Notices. All notices, requests, and demands given to or made pursuant to this Employment Agreement shall be in writing and personally delivered or mailed, postage prepaid, as follows: ## To City: Honorable Mayor and City Council ## City of Excelsior ## PO Box 558 ## Excelsior, Minnesota 55331 ## To Employee: Kristi Luger ## b. Complete Agreement. This Employment Agreement constitutes the entire agreement between the parties and supersedes any oral or written agreements between the parties. This Employment Agreement may only be modified by written agreement signed by both parties. c. Governing Law. This Employment Agreement shall be interpreted in accordance with the laws of the State of Minnesota. d. Severability. The parties covenant and agree that the provisions herein are reasonable and not known to be in violation of any federal, state, or local law or regulation. In the event that a court of competent jurisdiction finds any provision contained herein to be illegal or unenforceable, such court may modify that provision to make it valid and enforceable. The declaration of a provision as unenforceable shall not invalidate any other provision of this Employment Agreement. e. Dispute Resolution. If the parties disagree upon the interpretation of this Agreement, and cannot resolve their differences in good faith, the parties agree to request non-binding mediation from the Minnesota Bureau of Mediation Services. Each party will be responsible for its own attorneys’ fees, and the parties will split equally any other mediation fees. Page 33 of 117 Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Employment Agreement to be executed the day and year first above written. Date: August 3, 2026 CITY OF EXCELSIOR _______________________________ ## Gary Ringate, Mayor Date: August 3, 2026 CITY MANAGER _______________________________ ## Kristi Luger Page 34 of 117 Item: 8.e. ## ITEM REPORT ## To: City Council ## From: Hilary Vokovan, City Clerk ## Meeting Date: August 3, 2026 ## Department/Office: Administration ## Item Name: Haskell's Liquor License Refund Request ## Summary: City Staff was contacted by Haskell's Vice President David Johantgen regarding a request for a prorated refund for their remaining 2026 On-Sale Intoxicating Liquor License fee due to substantial damages from a recent fire at the Excelsior location. Haskell's paid their 2026 On-Sale Intoxicating Liquor License in November 2025 in the full amount of $10,700. The total refund amount requested is $7,600. Attached is their formal request. ## Recommended Action: Approve Haskell's request for a prorated refund for their remaining 2026 On-Sale Intoxicating Liquor License fee in the amount of $7,600. ## Budget: ## Attachments: ## 1. Haskell's Refund Request Page 35 of 117 ## Outlook ## Haskell's Port of Excelsior Liquor License ## FromDave Johantgen <djohantgen@haskells.com> DateFri 6/26/2026 11:44 AM ## ToHilary Vokovan <hvokovan@excelsiormn.org> 1 attachment (112 KB) ## Haskell's Excelsior 2026 Liquor License Renewal Info.pdf; ## Hello Hilary, Thank you for assisting with my inquiry about having the City of Excelsior consider granting Haskell's Port of Excelsior a prorated refund of the Bar/Restaurant Liquor License fee paid for 2026. Haskell's plans to attend the City of Excelsior City Council meeting on Monday, August 3rd, 2026. Brian Farrell and John Farrell III will represent Haskell's at the meeting. As you are probably aware, they both are owners of Haskell's. Please include them on the docket for the City Council meeting. At the City Council meeting on August 3rd, Brian or John will ask the City Council members to consider granting Haskell's Port of Excelsior a prorated refund of the 2026 Liquor License fee paid to the City of Excelsior. In November of 2025, Haskell's paid the City of Excelsior $10,700 to renew the On-Sale and On-Sale Sunday intoxicating Liquor License for 2026. On May 6th, 2026 Haskell's Port of Excelsior experienced a large fire which destroyed the majority of the building that our Bar/Restaurant operated out of. The Liquor store side of the building did not have fire damage but the store sustained extensive smoke damage. Due to extensive fire damage, Port of Excelsior Bar/Restaurant operations will not take place for the remainder of 2026, and the A&GE Office has placed our business in an Inactive State. Preliminary estimates suggest Haskell's Port of Excelsior might be able to complete construction/renovation and resume operations in Spring 2027 at the earliest. Due to Haskell's loss of income from the extraordinary fire we experienced, Haskell's respectfully asks the City of Excelsior to consider refunding a prorated amount of the 2026 On-Sale Intoxicating Liquor License fee. Please see the attached PDF for the license renewal form detailing the fee for On-Sale licensing. Thank you, ## David Johantgen -- ## David Johantgen ## Vice President & Secretary Haskell's Inc. 81 South 9th Street #130 ## MPLS, MN 55402 PH: 612-342-2437 Ext 918 ## HASKELL'S ## -LOCALLY OWNED & OPERATED SINCE 1934- Page 36 of 117 Item: 8.f. ## ITEM REPORT ## To: City Council ## From: Morgan Dawley, City Engineer ## Meeting Date: August 3, 2026 ## Department/Office: Administration Item Name: 2026 Sanitary Sewer Lining Project - Accept Bids Received and Award ## Contract ## Summary: On June 15, 2026, the City Council authorized the advertisement for bids for the 2026 Sanitary Sewer Lining Project which is a part of budgeted ongoing maintenance of the sanitary sewer within the City. Maintenance activities, as directed by Public Works, include lining of sanitary sewer main. Funding for the project is with wastewater utility funds included in the 2026 budget in a total amount of $120,000. In order to leverage economy of scale, staff identified an opportunity to participate in a joint project with the City of Minnetrista, which will act as the contracting agency for sanitary sewer lining services. It is anticipated that the increased quantities associated with the joint project will result in more favorable contractor pricing. Bids were received at an online bid opening on July 15, 2026, and were viewed and read aloud for the 2026 Sanitary Sewer Lining Project. The bids received are detailed below. ## Contractor Total Bid ## Insituform Technologies USA, LLC $226,386.67 ## Hydro-Klean, LLC $229,842.10 ## Visu-Sewer, LLC $266,273.00 Page 37 of 117 The attached letter and Tabulation Summary include a description of the bids received and recommendation for award of a contract to Insituform Technologies USA, LLC as the bidder with the lowest total bid amount. The total contract award for the City of Excelsior portion of the project is $98,753.23, which is under the budgeted amount of $120,000 for 2026 sanitary sewer lining maintenance improvements. Staff recommends Council award of the contract as outlined above. ## Recommended Action: Accept bids received for the 2026 Sanitary Sewer Lining Project and award a contract to Insituform Technologies USA, LLC for the total bid amount of $226,386.67, of which $98,753.23 is the City of Excelsior’s portion of the total project cost. ## Budget: ## Attachments: ## 1. WSB Recommendation Letter ## 2. Certified Tabulation Summary Page 38 of 117 C:\Users\SBuckley\DC\ACCDocs\WSB\R-036524-000\Project Files\06_Construction\Contract_Documents\Bidding\036524-000 CST LTR RECMMDTN-hmcc-072826.docx ## 178 E 9 ## TH ## STREET | ## SUITE 200 | ## ST. PAUL, MN | 55101 | 651.286.8450 | ## WSBENG.COM July 28, 2026 ## Honorable Mayor and City Council ## City of Excelsior ## PO Box 558 ## Excelsior, MN 55331 ## Re: 2026 Sanitary Sewer Lining Project ## Cities of Excelsior and Minnetrista, MN ## Minnetrista City Project No. 05-26 WSB Project Nos. 036524-000 and 033687-000 ## Dear Mayor and Council Members: Bids were received online for the above-referenced project on Wednesday, July 15, 2026, and were viewed and read aloud. Three bids were received. Please find attached the Bid Tabulation Summary indicating Insituform Technologies USA, LLC, Chesterfield, Missouri, as the low bidder with a grand total bid amount of $226,386.67. We recommend that the City Council consider these bids and award a contract to Insituform Technologies USA, LLC for the grand total bid amount of $226,386.67, of which $98,753.23 is the City of Excelsior’s portion of the total project cost. If you have any questions, please contact me at 612.849.6157. Thank you. ## Sincerely, ## WSB ## Emily Brown, PE ## Project Manager ## Attachment ## cc: Insituform Technologies USA, LLC ## Morgan Dawley, WSB srb Page 39 of 117 ## Bid Tabulation Summary ## 2026 Sanitary Sewer Lining Project ## Cities of Excelsior and Minnetrista, MN ## Minnetrista City Project No. 05-26 WSB Project Nos. 036524-000 and 033687-000 Bids Received Online: Wednesday, July 15, 2026, at 10:00 a.m. Local Time ## DENOTES CORRECTED FIGURE ## ContractorBid Bond (5%) ## Addendum No. 1 ## Received ## Grand Total Bid ## 1Insituform Technologies USA, LLCXX$226,386.67 2Hydro-Klean, LLCXX$229,842.10 3Visu-Sewer, LLCXX$266,273.00 ## Emily Brown, PE, Project Manager I hereby certify that this is a true and correct tabulation of the bids as received on July 15, 2026. ## 036524-000 CST Bid Tab Summary-071526 Page 40 of 117 Item: 8.g. ## ITEM REPORT ## To: City Council ## From: Hilary Vokovan, City Clerk ## Meeting Date: August 3, 2026 ## Department/Office: Administration ## Item Name: Parks and Recreation Commission Appointment ## Summary: The Parks and Recreation Commission currently has one vacancy. One application has been received. Mayor Ringate will make his recommendation for the Parks and Recreation Commission appointment of Ann Nachtigal. ## Recommended Action: Accept recommendation from the Interview Committee. ## Budget: ## Attachments: ## None Page 41 of 117 Item: 9.a. ## ITEM REPORT ## To: City Council ## From: Julia Mullin, Community Development Director, Jess Long, City Planner ## Meeting Date: August 3, 2026 ## Department/Office: Community Development Item Name: Ordinance No. 698 Amendment to Swimming Pool Standards - 7:00 PM ## Summary: ## Background Staff is proposing an amendment to Article 21 of the City Zoning Ordinance. The proposed amendment will remove the Conditional Use Permit requirement for the installation of new pools as well as strengthen the safety requirements for pools by requiring that they be fenced. Removing the CUP requirement will help applicants move through the building permit process without the additional steps of Planning Commission review and City Council approval. City Staff will review for zoning compliance and the Building Official will review that standards are met and apply building code requirements. In addition to removing the CUP, staff reworked the section to enhance readability for applicants. Lastly, Staff has not proposed changes to the size of pools at this time; the current size requirement is consistent with existing CUP requirements and does not increase or decrease current safety standards. If the City Council is interested in extending existing requirements to a broader group of pools, this discussion could be proposed for a future Planning Commission agenda. ## Proposed Amendment to Existing Ordinance Below is a “clean copy” of the proposed amendments. If amendments are adopted, this is how the ordinance will read. A redlined version of the proposed amendments is attached as Ordinance 698 for your consideration and approval. Appendix E, Article 21, Fences, Section 21-2 (6) Swimming Pool Protection (6) Swimming pool protection. Swimming pools having a depth of 24 inches at any point and a surface area exceeding 150 square feet shall meet the following standards: a. Fencing safeguards shall be installed to prevent children from gaining uncontrolled access. Fences shall be installed and inspected and approved by the Building Official prior to filling of the pool. 1. Fences shall be at least four feet in height. 2. The bottoms of the fences shall not be more than four inches from the ground nor shall any open space in the fence be more than four inches. Page 42 of 117 3. Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable. 4. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. 5. The fencing requirements of subsection 21-2(3) need only be provided around the means of access on above ground pools which have four feet high, vertical or outward inclined side walls. b. In all residential districts, swimming pools shall be setback ten feet from all adjoining lots and, except for fences and pump enclosures, shall be located at least ten feet away from any other building or structure on the same lot and shall not be located within a drainage or utility easement. Swimming pools shall not be permitted in a front yard or in the area between the street right-of-way and the minimum required building side yard setback line. c. Requirements contained in subsections 21-2(6) shall be satisfied by submission and approval of a site plan by the Zoning Administrator. ## Recommended Action: It is recommended that the City Council waive the First Reading of Ordinance No. 698 and schedule the Second Reading and approval of the ordinance for the August 17th City Council meeting. ## Budget: ## Attachments: ## 1. Ord 698 Amending Swimming Pool Requirements ## 2. Planning Commission Packet, July 8, 2026 ## 3. Planning Commission Packet, July 27, 2026 Page 43 of 117 ## ORDINANCE NO. 698 ## AN ORDINANCE TO AMEND APPENDIX E, ARTICLE 21, FENCING, SECTION ## 21-2 FENCING AND RETAINING WALLS OF THE EXCELSIOR CITY CODE TO ## REMOVE CONDITIONAL USE PERMIT REQUIREMENT FOR SWIMMING ## POOLS AND ADD FENCING REQUIREMENTS FOR SWIMMING POOLS The City Council of the City of Excelsior hereby ordains as follows: Section 1. Appendix E, Article 21, Section 21-2 (6) of the Excelsior City Code is amended as follows: (6) Swimming pool protection. a. A conditional use permit, as provided for in article 4 of this Appendix E, shall be required for Swimming pools having a depth of 24 inches at any point and a surface area exceeding 150 square feet shall meet the following standards: require a building permit. Each application for a building permit conditional use permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show: 1. The proposed location of the pool and its relationship to the principal building on the lot. 2. The size of the pool. 3. Fencing and other fixtures existing and proposed on the lot, including utility location and trees. 4. The location, size and types of equipment to be used in connection with the pool, including but not limited to filter unit, pump fencing and the pool itself. 5. That the requirements contained in subsections 21-2(3)b., and c., and d. of this section will be satisfied including submission and approval of a site plan. a. All swimming pools for which a permit is required and granted shall be provided with Fencing safeguards to prevent children from gaining uncontrolled access shall be installed and inspected and approved by the Building Official prior to filling of the pool. This can be accomplished with fencing, screening or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. If 1. Fences are employed, they shall be at least four feet (4) in height. 2. The bottoms of the fences shall not be more than four (4) inches from the ground nor shall any open space in the fence be more than four (4) inches. 3. Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable. 4. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. 5. The fencing requirements of subsection 21-2(3) need only be provided around the means of access on above ground pools which have four feet high, vertical or outward inclined side walls. Prior to filling the pool, the approved fence and/or screen must be completely in place and inspected and approved by the city building official. Page 44 of 117 b.c. In all residential districts, swimming pools shall be setback ten (10) feet from all adjoining lots and, except for fences and pump enclosures, shall be located at least ten (10) feet away from any other building or structure on the same lot and shall not be located within a drainage or utility easement. Swimming pools shall not be permitted in a front yard or in the area between the street right-of-way and the minimum required building side yard setback line. c. Requirements contained in subsection 21-2(6) shall be satisfied by submission and approval of a site plan by the Zoning Administrator. Section 2. This Ordinance is effective in accordance with Section 3.06 of the Excelsior City Charter. Adopted by the Council of the City of Excelsior, Minnesota, this _____ day of _______________ 2026. ## Gary Ringate, Mayor ## ATTEST: Hilary Vokovan, City Clerk Kristi Luger, City Manager First Reading of Ordinance: August 3, 2026 ## Second Reading and Adoption: August 17, 2026 Publication of Ordinance: August 27, 2026 ## Effective Date: September 28, 2026 Page 45 of 117 Page 46 of 117 Page 47 of 117 Page 48 of 117 1 ## Background The Planning Commission previously reviewed a proposed amendment to Article 21 of the city zoning ordinance at the July 8, 2026 meeting intended to remove the requirement for a Conditional Use Permit and to strengthen the safety requirements for pools by requiring that they be fenced. Current ordinance requires fencing, screening, or other measures. Staff has considered comments from Commissioners and implemented them into the updated proposed amendment. The requirement for a CUP is removed, and by removing proposed language about a building permit requirement (which staff has proposed at your last meeting), it is clear that no pool is excluded from the required building permit process. Additionally, staff reworked the section to enhance readability for applicants. Lastly, staff has not proposed changes to the size of pools at this time; current size is consistent with existing CUP requirements and does not increase or decrease current safety standards. If the Planning Commission is interested in extending existing requirements to a broader group of pools, this discussion could be proposed for a future agenda. ## Proposed Amendment to Existing Ordinance Below is a “clean copy” of the proposed amendments. If amendments are adopted, this is how the ordinance will read. A redlined version of the proposed amendments is attached as Ordinance 698 for your consideration and approval. Appendix E, Article 21, Fences, Section 21-2 (6) Swimming Pool Protection (6) Swimming pool protection. Swimming pools having a depth of 24 inches at any point and a surface area exceeding 150 square feet shall meet the following standards: a. Fencing safeguards shall be installed to prevent children from gaining uncontrolled access. Fences shall be installed and inspected and approved by the Building Official prior to filling of the pool. 1. Fences shall be at least four feet in height. 2. The bottoms of the fences shall not be more than four inches from the ground nor shall any open space in the fence be more than four inches. 3. Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable. 4. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped ## Date: ## Item Amendment to Zoning Article 21, CUP requirements for new pools ## Julia Mullin, Community Development Director ## Jess Long, City Planner ## Planning Commission ## MEMORANDUM ## Re: ## To: July 27, 2026] ## From: Page 49 of 117 2 with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. 5. The fencing requirements of subsection 21-2(3) need only be provided around the means of access on above ground pools which have four feet high, vertical or outward inclined side walls. b. In all residential districts, swimming pools shall be setback ten feet from all adjoining lots and, except for fences and pump enclosures, shall be located at least ten feet away from any other building or structure on the same lot and shall not be located within a drainage or utility easement. Swimming pools shall not be permitted in a front yard or in the area between the street right-of-way and the minimum required building side yard setback line. c. Requirements contained in subsections 21-2( 6) shall be satisfied by submission and approval of a site plan by the Zoning Administrator. ## RECOMMENDATION Staff recommends that the Planning Commission discuss the proposed ordinance amendments and recommend approval of Ordinance No. 698 to the City Council. ## Attachments ## Ordinance No. 698 Page 50 of 117 Item: 9.b. ## ITEM REPORT ## To: City Council ## From: Julia Mullin, Community Development Director, Jess Long, City Planner ## Meeting Date: August 3, 2026 ## Department/Office: Community Development Item Name: Ordinance No. 697 Amending City Ordinance, Appendix E, Chapter 15, Section 15-4 Nonconforming Structures to Clarify Definitions of "Expansion" - 7:15 PM ## Summary: ## BACKGROUND Across the City of Excelsior there are numerous structures that do not meet current zoning requirements such as minimum setbacks from property lines or lot coverage requirements. This is to be expected as many of Excelsior's older homes were built prior to modern zoning standards, and more modern homes may not meet the current zoning requirements because of recent changes to the zoning code including how height is measured. These properties are considered “nonconforming,” and they are allowed to continue to exist; however, the conformities may not be expanded, unless a variance is granted. Throughout the years, different additions and rebuilds have been brought to the City with proposed expansions to nonconformities. Some owners and developers have questioned if their project is an expansion or simply making use of an existing nonconformity. Staff has explained that while an owner could rebuild a home at the same size with the same size of nonconformity, they do not have the automatic right to expand a nonconformity. The proposed definition of “expansion” provides additional clarity on what expansion is and how increasing dimension, size, area, volume, or height of a structure intensifies/expands the nonconformity. In February 2026, the Planning Commission had a discussion with the City Attorney about nonconforming structures. The Planning Commission then considered this update to the definition of “expansion” at the April 27, 2026, and July 8, 2026, regular Planning Commission meetings. During discussion of the amendment, some commissioners felt that a more substantial revision of Article 15 was needed. Following consultation with the City Attorney, it has been determined that the City’s code is as restrictive as allowed by state statute. However, an update to the definition of “expansion” could provide additional clarity for staff, commissioners, and applicants. ## Proposed Ordinance Amendment Staff is proposing that we add a definition of “expansion” to our ordinance that makes clear what “expansion” means. The City Attorney recommended a definition from the Page 51 of 117 City of Minnetonka’s ordinance: Expansion - Any increase in dimension, size, area, volume, or height, any increase in the area of use, any placement of a structure or part thereof where none existed before, any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool, any improvement that would allow the land to be more intensely developed, any move of operation to a new location on the property, or any increase in intensity of use based on a review of the original nature, function or purpose of a non-conforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city. Expansion is synonymous with "enlargement" and "intensification." In addition to updating the definition of expansion the Planning Commission has recommended that Section 15-4 Nonconforming Structures be updated to reflect and the new definition of expansion. ## Existing Ordinance ## Zoning Ordinance, Article 15, Sec. 15-4 Nonconforming structures states: (a) Expansions. No nonconforming structure may be expanded, enlarged, or extended in a manner that increases an existing nonconformity. ## Proposed Ordinance (a) Expansions. No nonconforming structure may be expanded, enlarged, or extended in a manner that increases an existing nonconformity. Lastly, Staff is including a correction to a typo within Section 15-1 Purpose. The correction will improve clarity of the section and the City’s goal to eliminate nonconforming uses. Sec. 15-1. - Purpose. It is the purpose of this article to provide for the regulation of nonconforming uses, structures, lots and signs, and to specify those requirements, circumstances, and conditions under which nonconforming uses, structures, lots and signs will be operated and maintained. This Appendix E establishes separate zoning districts, each of which is an appropriate area for the location of uses which are permitted in that zoning district. It is necessary and consistent with the establishment of these zoning districts that nonconforming, structures, uses and signs not be permitted to continue without restriction. Furthermore, it is the intent of this article that all nonconforming uses shall be eventually brought into conformity. Page 52 of 117 ## Recommended Action: It is recommended that the City Council waive the First Reading of Ordinance No. 697 and schedule the Second Reading and approval of the ordinance for the August 17, 2026 City Council meeting. ## Budget: ## Attachments: 1. Ordinance No. 697 Page 53 of 117 Created: 2026-05-18 09:20:35 [EST] (Supp. No. 26) Page 1 of 2 ## ORDINANCE NO. 697 ## AN ORDINANCE TO AMEND APPENDIX E, ARTICLE 15 NONCONFORMING USES, ## STRUCTURES, LOTS, AND SIGNS, SECTION 15-2 GENERAL PROVISIONS OF THE EXCELSIOR ## CITY CODE TO ADD DEFINITION OF “EXPANSION,” SECTION 15-4 NONCONFORMING ## STRUCTURES TO CLARIFY LIMITS TO EXPANSIONS The City Council of the City of Excelsior hereby ordains as follows: Section 1. Appendix E, Article 15, Section 15-1 Purpose of the Excelsior City Code is amended as follows: It is the purpose of this article to provide for the regulation of nonconforming uses, structures, lots and signs, and to specify those requirements, circumstances, and conditions under which nonconforming uses, structures, lots and signs will be operated and maintained. This Appendix E establishes separate zoning districts, each of which is an appropriate area for the location of uses which are permitted in that zoning district. It is necessary and consistent with the establishment of these zoning districts that nonconforming, structures, uses and signs not be permitted to continue without restriction. Furthermore, it is the intent of this article that all nonconformities nonconforming uses shall be eventually brought into conformity. (Ord. No. 554, § 1, 1-17-2017) Section 2. Appendix E, Article 15, Section 15-2 Definition of the Excelsior City Code is amended as follows: (f) Expansion - Any increase in dimension, size, area, volume, or height, any increase in the area of use, any placement of a structure or part thereof where none existed before, any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool, any improvement that would allow the land to be more intensely developed, any move of operation to a new location on the property, or any increase in intensity of use based on a review of the original nature, function or purpose of a non-conforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city. Expansion is synonymous with "enlargement" and "intensification." Section 3. Appendix E, Article 15, Section 15-4 Nonconforming structures of the Excelsior City Code is amended as follows: Page 54 of 117 Created: 2026-05-18 09:20:35 [EST] (Supp. No. 26) Page 2 of 2 (a) Expansions. No nonconforming structure may be expanded, enlarged, or extended in a manner that increases an existing nonconformity. Section 4. This Ordinance is effective in accordance with Section 3.06 of the Excelsior City Charter. Adopted by the Council of the City of Excelsior, Minnesota, this _____ day of _______________ 2026. ## Gary Ringate, Mayor ## ATTEST: Hilary Vokovan, City Clerk Kristi Luger, City Manager ## First Reading of Ordinance: August 3, 2026 ## Second Reading and Adoption: August 17, 2026 Publication of Ordinance: August 27, 2026 ## Effective Date: September 28, 2026 Page 55 of 117 Item: 9.c. ## ITEM REPORT ## To: City Council ## From: Julia Mullin, Community Development Director, Jess Long, City Planner ## Meeting Date: August 3, 2026 ## Department/Office: Community Development Item Name: Ordinance No. 699 Amendment to Porch and Pergola Definitions - 7:35 PM ## Summary: ## Background Staff is proposing amendments to definitions of “porch” and “pergola” in the city zoning ordinance, Section 2, in order to clarify how our building coverage standard is applied and to clarify what we exempt from our residential review permit requirements. This proposed ordinance amendment came up in response to “Pivot 6 pergolas” being proposed at several properties in Excelsior and questions about whether our zoning ordinance considers them a “porch” or a “pergola”. A Pivot 6 pergola is a porch-like structure added to a home that allows the roof/ceiling to be louvered open or closed, and allows screens on the exposed sides of the structure to be kept raised or be lowered. Some of the screens that can be included are opaque or nearly opaque. The Planning Commission discussed the ordinance amendments proposed by staff at their July 8 and July 27 meetings. (Meeting packets are attached.) Commissioners wanted clear language that would distinguish the definitions and make application of zoning standards straightforward. ## Proposed Amendments 1. Pergola – Added “permanently partially open” roof, so that our “pergola” definition would clearly not include a Pivot 6 structure which has a movable roof that can be opened or closed. 2. Porch – Added “covered or capable of being covered” entryway. We include porches in our building coverage calculation, and making this change helps us determine when building coverage standard applies. 3. Added a new definition, “Enclosed porch” – “A porch or any portion of floor area thereof with exterior walls that are or can be at least 50% enclosed with screens or windows.” This language helps us determine whether a proposed porch requires a residential review permit or not. Page 56 of 117 4. Clarified what type of porch is currently exempt from a residential review permit by adding “Enclosed porches are not exempt.” Ordinance 699 provides a redlined version of the proposed amendments and is attached. The city attorney has reviewed the proposed amendments. ## Recommended Action: Staff recommends that the City Council approve the first reading of Ordinance 699 and schedule the second reading and approval for the August 17, 2026, City Council meeting. ## Budget: ## Attachments: 1. Ordinance No. 699 ## 2. Planning Commission Packet, July 8, 2026 ## 3. Planning Commission Packet, July 27, 2026 Page 57 of 117 ## ORDINANCE NO. 699 An Ordinance to Amend Appendix E, Article 2 Rules and Definitions, Section 2-2 Definitions, and Article 42 Residential Review Process, Section 42-6 Residential Review Permit – When Required of the Excelsior City Code to Add Definition of “Enclosed ## Porch”, “Covered Porch”, Amend Definition of “Pergola” and Clarify Exemptions ## from Residential Review Permit Requirements The City Council of the City of Excelsior hereby ordains as follows: Section 1. Appendix E, Article 2, Section 2-2 Definitions is amended as follows: Porch. A covered, or capable of being covered, entryway attached to a building and/or projecting from its main mass. Enclosed Porch. A porch, or any portion of floor area thereof, with exterior walls that are or can be at least 50% enclosed with screens or windows. Pergola. An arbor or passageway with a permanently partially open roof or trellis work on which clinging plants are typically grown. Section 2. Appendix E, Article 42, Section 42-6 Residential review permit—When required, (b) Exemptions is amended as follows: (4) Street-facing, single-story porches. Enclosed porches are not exempt. Section 3. This Ordinance is effective in accordance with Section 3.06 of the Excelsior City Charter. Adopted by the Council of the City of Excelsior, Minnesota, this _____ day of _______________ 2026. ## Gary Ringate, Mayor ## ATTEST: Hilary Vokovan, City Clerk Kristi Luger, City Manager Page 58 of 117 First Reading of Ordinance: August 3, 2026 ## Second Reading and Adoption: August 17, 2026 Publication of Ordinance: August 27, 2026 ## Effective Date: September 28, 2026 Page 59 of 117 ## Background The introduction of the Pivot 6 roof system has added new options to homeowners who want to cover their patios and decks. The Pivot 6 and other similar technologies have roofs that can open and close. When open, the roof slats allow sunlight and rain to pass through, similar to a pergola’s slatted roof. When closed the roof becomes sealed and does not allow light or water to pass through, similar to a porch. Companies selling the technology also allow for retractable screens that can be added to the system, with varying levels of opacity, and create the appearance of a totally enclosed screened in porch. Staff believe that the Code’s current definitions of pergola and porch should be updated to reflect these new roofing systems, and zoning standards including residential review permit, building coverage, and setbacks can be clearly applied. The definition of pergola should be updated to clarify that it is a freestanding structure and has a roof that is permanently partially open. Staff believe that a structure with roof that can be completely closed that is attached to the home or garage and is fully screened, should count toward building coverage calculations because it will add mass to the parcel, impact rain runoff and impact the visual mass of the building it is attached to. Staff is also proposing new definitions for covered porch and enclosed porch. The current porch definition does not include information about roofs.. Additionally, the proposed enclosed porch definition adds additional clarity to applicants looking to add a porch with screens or windows. Along with adding clarity through definitions, staff recommends amending Section 42-6 (b) ## Exemptions to Residential Review Permit Requirements. Currently, street-facing, single-story porches that are more than 50 percent open at the perimeter are exempt from RRP review. Staff proposes adding clarifying language that the structure must be permanently at least 50 percent open. If an applicant proposes adding retractable screens to the more than 50 percent of the structure, then the Planning Commission should review for massing and scale through a Residential Review Permit application. When lowered, the screens have visual impact on the view of porch from the street and adjacent properties. ## Date: ## Item Amendment to porch and Pergola Definitions ## Julia Mullin, Community Development Director ## Jess Long, City Planner ## Planning Commission ## MEMORANDUM ## Re: ## To: July 8, 2026] ## From: Page 60 of 117 Figure 1 Example of rear porch with slatted roof and screens Figure 2 Pivot 6 porch system ## Existing Definitions ## Appendix E, Article 2, Section 2-2 Definitions Porch. An entryway attached to a building and/or projecting from its main mass. Pergola. An arbor or passageway with a roof or trellis work on which clinging plants are grown. ## Proposed Definitions Porch. A covered entryway attached to a building and/or projecting from its main mass. Page 61 of 117 Enclosed Porch. A porch with exterior walls that are at least 50%enclosed with screens or windows and open to elements. Pergola. An freestanding arbor or passageway with a permanently partially open roof or trellis work on which clinging plants are grown. ## Existing Sec. 42-6. - Residential review permit—When required. (b) Exemptions. The following shall not require a residential review permit: (1) Decks under 48 inches in height. (2) Any structure not requiring a building permit. (3) Structures that would require a site alteration permit as outlined in chapter 20 of the Code. (4) Street-facing, single-story porches that are more than 50 percent open at the perimeter. ## Proposed Sec. 42-6. - Residential review permit—When required. (b) Exemptions. The following shall not require a residential review permit: (1) Decks under 48 inches in height. (2) Any structure not requiring a building permit. (3) Structures that would require a site alteration permit as outlined in chapter 20 of the Code. (4) Street-facing, single-story porches. Enclosed porches are not exempt. ## RECOMMENDATION Staff recommends that the Planning Commission discuss the proposed amendment and recommend approval of Ordinance No. 699 to the City Council. ## Attachments ## Ordinance No. 699 Page 62 of 117 Page 63 of 117 1 ## Background At the July 8, 2026, Planning Commission meeting, Staff brought suggested amendments to definitions of “pergola” and “porch” and a new definition of “enclosed porch”. The goal of clarifying the differences among these structures is to provide clear guidance for applicants and staff for when a Residential Review Permit is required for additions to a parcel and how to apply building coverage and lot coverage standards. These definitions help clarify for staff how to manage new proposed structures that are identified by manufacturers and contractors as pergolas but are considered per our zoning code to be porches. The introduction of the Pivot 6 roof system has added new options to homeowners who want to cover their patios and decks. The Pivot 6 and other similar technologies have roofs that can open and close. When open, the roof slats allow sunlight and rain to pass through, similar to a pergola’s slatted roof. When closed the roof becomes sealed and does not allow light or water to pass through, similar to a porch. Companies selling the technology also allow for retractable screens that can be added to the system, with varying levels of opacity, and create the appearance of a totally enclosed screened porch. Staff recommends that the definition of pergola be updated to clarify that it is a freestanding structure and has a roof that is permanently partially open. With this amendment, it is clear that a structure with roof that can be completely closed that is attached to the home or garage and is fully screened is not a pergola and will be included in building coverage calculations because it will add mass to the parcel, impact rain runoff and impact the visual mass of the building it is attached to. Staff is also proposing new definitions for covered porch and enclosed porch. The current porch definition does not include information about roofs and may be confused with decking. Adding “covered” to the definition distinguishes porches from decks. Additionally, the proposed enclosed ## Date: ## Item Amendment to porch and Pergola Definitions ## Julia Mullin, Community Development Director ## Jess Long, City Planner ## Planning Commission ## MEMORANDUM ## Re: ## To: July 27, 2026] ## From: Page 64 of 117 2 porch definition adds additional clarity to applicants looking to add a porch with screens or windows. Along with adding clarity through definitions, staff recommends amending Section 42-6 (b) ## Exemptions ## to Residential Review Permit Requirements. Currently, street-facing, single-story porches that are more than 50 percent open at the perimeter are exempt from RRP review. Staff proposes adding clarifying language that the structure must be permanently at least 50 percent open. If an applicant proposes adding retractable screens to more than 50 percent of the structure, then the Planning Commission must review for massing and scale through a Residential Review Permit application, as the enclosed porch will have an impact on mass and volume when viewed from the street. Figure 1 Example of rear porch with slatted roof and screens Figure 2 Pivot 6 porch system Page 65 of 117 3 Single-story enclosed porches with screens single-story unenclosed porches Adding a definition clarifies that an enclosed porch uses screens or windows to separate the space from the outdoors. Based on comments from commissioners, Staff added “or can be at least 50% enclosed” to the definition to capture porches with removable or retractable screens. 1. Proposed changes to definitions (Appendix E, Article 2, Section 2-2 Definitions): ## Porch ## Existing Definition Porch. An entryway attached to a building and/or projecting from its main mass. ## Proposed Definition Page 66 of 117 4 Porch. A covered entryway attached to a building and/or projecting from its main mass. ## Pergola ## Existing Definition Pergola. An arbor or passageway with a roof or trellis work on which clinging plants are grown. ## Proposed Definition Pergola. A freestanding arbor or passageway with a permanently partially open roof or trellis work on which clinging plants are grown. ## Enclosed Porch ## Proposed Definition Enclosed Porch. A porch with exterior walls that are or can be at least 50% enclosed with screens or windows. 2. Proposed change to exemptions from Residential Review Permit requirement: Currently, Section 42-6 Residential Review permit – When required exempts “Street- facing, single-story porches that are more than 50 percent open at the perimeter.” Staff proposes that this exemption be amended as: “Street-facing, single-story porches. Enclosed porches are not exempt.” ## RECOMMENDATION Staff recommends that the Planning Commission discuss the proposed amendments and recommend approval of Ordinance No. 699 to the City Council. ## Attachments ## Ordinance No. 699 Page 67 of 117 Item: 10.a. ## ITEM REPORT ## To: City Council ## From: Jenny Palmer, Finance Director ## Meeting Date: August 3, 2026 ## Department/Office: Finance Item Name: Resolution 2026-40 Issuing 2026C General Obligation (GO) Bonds - 8:00 ## PM ## Summary: The Resolution before City Council awards the sale of $7,030,000 General Obligation Bonds, Series 2026C to finance projects related to street and utility replacement on Third and Center Streets and Division Street water main lining. The resolution provided in this packet is the “form” of the resolution and does not include final pricing information. After bids are received at 10:00 a.m., on August 3, 2026, Northland and Taft Law will finalize the debt service schedules and Award Resolution. The final Awarding Resolution will be provided to the City Council at the meeting. Jessica Green with Northland Securities will be attending the meeting with an update for the City Council. ## Recommended Action: Adopt Resolution No. 2026-40—A Resolution Awarding the Sale of $7,030,000 General Obligation Bonds, Series 2026C. ## Budget: ## Attachments: 1. Resolution 2026-40 Page 68 of 117 301472461v1 ## EXTRACT OF MINUTES OF A MEETING ## CITY COUNCIL OF THE ## CITY OF EXCELSIOR, MINNESOTA ## HELD: AUGUST 3, 2026 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Excelsior, Hennepin County, Minnesota, was duly held at the City Hall on August 3, 2026, at 6:30 P.M., for the purpose, in part of authorizing the issuance and awarding the sale of $7,030,000 General Obligation Bonds, Series 2026C. The following members were present: and the following were absent: Member _______________ introduced the following resolution and moved its adoption: ## RESOLUTION NO. ___________ ## RESOLUTION AUTHORIZING THE ISSUANCE AND AWARDING ## THE SALE OF $7,030,000 GENERAL OBLIGATION BONDS, SERIES ## 2026C, PLEDGING FOR THE SECURITY THEREOF NET ## REVENUES AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Excelsior (the "City") has heretofore determined and declared that it is necessary and expedient to issue $7,030,000 General Obligation Bonds, Series 2026C (the "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475; and 1. Section 444.075 to finance improvements to the municipal water system, sanitary sewer system and surface water system (the "Utility Improvements"); and 2. Section 475.58, Subdivision 3b to finance street reconstruction projects under the City's 5- Year Street Reconstruction Plan adopted on June 15, 2026 (the "Street Reconstruction Projects"). B. WHEREAS, the City owns and operates a municipal water system (the "Water System"), a municipal sanitary sewer system (the "Sanitary Sewer System"), and a municipal Surface Water system (the "Surface Water System," and together with the Water System and the Sanitary Sewer System, the "System"), as separate revenue producing public utilities; and C. WHEREAS, the net revenues of the Water System and the Sanitary Sewer System are pledged to the payment of the City's outstanding General Obligation Revenue Note of 2014, in the original principal amount of $920,313, dated November 26, 2014 (the "Outstanding Water and ## Sanitary Sewer Note"); and D. WHEREAS, the net revenues of the System are pledged to the payment of the City's outstanding (1) General Obligation Bonds, Series 2017A, in the original principal amount of Page 69 of 117 301472461v1 2 $3,970,000, of which a portion was designated the "Utility Portion" in the original principal amount of $2,520,000, dated June 14, 2017; (2) General Obligation Bonds, Series 2020A, in the original principal amount of $2,775,000, of which a portion was designated the "Utility Portion" in the original principal amount of $1,330,000, dated July 16, 2020; (3) General Obligation Bonds, Series 2021A, in the original principal amount of $6,920,000, of which a portion was designated the "System Portion" in the original principal amount of $2,890,000, dated August 19, 2021; and (4) General Obligation Bonds, Series 2026A, in the original principal amount of $4,835,000, of which a portion was designated the "Utility Revenue Portion" in the original principal amount of $3,370,000, dated August 20, 2026 (collectively, the "Outstanding Utility Bonds"); and E. WHEREAS, on June 15, 2026, following duly published notice thereof, the City Council held a public hearing on the issuance of not to exceed approximately $3,975,000 principal amount of bonds to finance the Street Reconstruction Projects and all persons who wished to speak or provide written information relative to the public hearing were afforded an opportunity to do so; and F. WHEREAS, no petition signed by voters equal to 5 percent of the votes cast in the City in the last municipal general election requesting a vote on the issuance of the street reconstruction bonds was filed with the City Clerk within 30 days after the public hearing on June 15, 2026; and G. WHEREAS, the Street Reconstruction Portion of the Bonds, as hereinafter defined, together with any outstanding bonds of the City that are subject to the City's net debt limit, do not exceed the City's net debt limit; and H. WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis, Minnesota ("Northland"), as its independent municipal advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Northland; and I. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Finance Director, or designee, at the offices of Northland at 10:00 A.M. on the date hereof, pursuant to the Notice of Sale established for the Bonds; and J. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Excelsior, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of ________________________ (the "Purchaser"), to purchase the Bonds, in accordance with the Notice of Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $__________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser. Page 70 of 117 301472461v1 3 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option; Debt Limitations. The Bonds shall be dated August 20, 2026, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: ## Year Amount Year Amount 2028 2038 2029 2039 2030 2040 2031 2041 2032 2042 2033 2043 2034 2044 2035 2045 2036 2046 2037 2047 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). The Bonds, together with any outstanding bonds of the City that are subject to the City's net debt limit, do not exceed the City's net debt limit. (b) Allocation. The aggregate principal amount of $___________ maturing in each of the years and amounts hereinafter set forth is issued to finance the Utility Improvements (the "Utility Revenue Portion" of the Bonds). The aggregate principal amount of $___________ maturing in each of the years and amounts hereinafter set forth is issued to finance the Street Reconstruction Projects (the "Street Reconstruction Portion" of the Bonds"). ## Year ## Utility Revenue ## Portion ## Street Reconstruction ## Portion ## Total 2028 2029 2030 2031 2032 2033 2034 2035 2036 Page 71 of 117 301472461v1 4 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, including the levy of taxes, the prepayment may be allocated to any or all portions of debt service in such amounts as the City shall determine. If the source of a prepayment is excess net revenues of the System pledged to the Utility Improvements, the prepayment shall be allocated to the Utility Revenue Portion of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, Page 72 of 117 301472461v1 5 or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book- entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record Page 73 of 117 301472461v1 6 date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (d) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Utility Revenue Portion of the Bonds shall provide funds to finance the Utility Improvements. The Street Reconstruction Portion of the Bonds shall provide funds to finance the Street Reconstruction Projects. The Utility Improvements and the Street Reconstruction Projects are herein referred to together as the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform Page 74 of 117 301472461v1 7 all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2027, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2028 2038 2029 2039 2030 2040 2031 2041 2032 2042 2033 2043 2034 2044 2035 2045 2036 2046 2037 2047 5. Redemption. All Bonds maturing on February 1, 2035 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2034, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated Page 75 of 117 301472461v1 8 maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank Trust Company, National Association, in Saint Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor-paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. ## 7. F orm of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the form set forth on Exhibit B attached hereto. 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City Manager and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. ## 9. A uthentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form set forth on Exhibit B attached hereto, shall have been duly executed by the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of August 20, 2026. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. ## 10. R egistration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a Page 76 of 117 301472461v1 9 like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. ## 12. I nterest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15 th ) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. ## 13. T reatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving Page 77 of 117 301472461v1 10 payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. ## 15. F und and Accounts. There is hereby established a special fund to be designated "General Obligation Bonds, Series 2026C Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. The Operation and Maintenance Account for the Water System, the Operation and Maintenance Account for the Sanitary Sewer System and the Operation and Maintenance for the Surface Water System (collectively, the "Operation and Maintenance Accounts") heretofore established by the City shall continue to be maintained in the manner heretofore and herein provided by the City. All moneys remaining after paying or providing for the items set forth in the resolutions establishing the Operation and Maintenance Accounts shall constitute and are referred to as "net revenues" until the Utility Revenue Portion of the Bonds has been paid. In such records there shall be established accounts of the Fund for the purposes and in the amounts as follows: (a) C onstruction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds. From the Construction Account there shall be paid all costs of issuance of the Bonds and all costs and expenses of financing the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied or covenanted to be levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance shall be transferred to the Debt Service Account. (b) D ebt Service Account. There shall be maintained separate subaccounts in the Debt Service Account to be designated the "Utility Improvements Debt Service Subaccount" and the "Street Reconstruction Projects Debt Service Subaccount." There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt ## Service Account: (i) U tility Improvements Debt Service Subaccount. To the Utility Improvements Debt Service Subaccount there shall be credited: (A) the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the Utility Improvements Debt Service Subaccount, sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Utility Revenue Portion of the Bonds; (B) all collections Page 78 of 117 301472461v1 11 of taxes which may hereafter be levied in the event that the net revenues of the System and other funds herein pledged to the payment of the principal and interest on the Utility Revenue Portion of the Bonds are insufficient therefore; (C) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (D) all investment earnings on funds held in the Utility Improvements Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Utility Improvements Debt Service Subaccount. The amount of any surplus remaining in the Utility Improvements Debt Service Subaccount when the Utility Revenue Portion of the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The Utility Improvements Debt Service Subaccount shall be used solely to pay the principal and interest on the Utility Revenue Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. (ii) Street Reconstruction Projects Debt Service Subaccount. To the Street Reconstruction Projects Debt Service Subaccount there shall be credited: (A) all collections of taxes herein or hereafter levied for the payment of the principal and interest on the Street Reconstruction Portion of the Bonds; (B) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (C) all investment earnings on funds held in the Street Reconstruction Projects Debt Service Subaccount; and (D) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Street Reconstruction Projects Debt Service Subaccount. The amount of any surplus remaining in the Street Reconstruction Projects Debt Service Subaccount when the Street Reconstruction Portion of the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The Street Reconstruction Projects Debt Service Subaccount shall be used solely to pay the principal and interest on the Street Reconstruction Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account, Operation and Maintenance Accounts or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). Page 79 of 117 301472461v1 12 16. Covenants Relating to the Utility Revenue Portion of the Bonds. (a) Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and declared that the net revenues of the System are sufficient in amount to pay when due the principal of and interest on the Utility Revenue Portion of the Bonds and the Outstanding Utility Bonds and a sum at least five percent in excess thereof. The net revenues of the Water System and the Sanitary Sewer System are sufficient in amount to pay when due the principal of and interest on the Outstanding Water and Sanitary Sewer Note and a sum at least five percent in excess thereof. The net revenues of the System are hereby pledged on a parity with the Outstanding Utility Bonds and the Outstanding Water and Sanitary Sewer Note for the payment of the Utility Revenue Portion of the Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the Bonds as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the Utility Revenue Portion of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (b) Excess Net Revenues. Net revenues of the System in excess of those required for the foregoing may be used for any proper purpose. (c) Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Utility Revenue Portion of the Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations." ## 17. C ovenants Relating to the Street Reconstruction Portion of the Bonds. (a) Tax Levy. To provide moneys for payment of the principal and interest on the Street Reconstruction Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: ## Year of Tax Levy Year of Tax Collection Amount ## See Attached Schedule in Exhibit C (b) Coverage Test. The tax levies are such that if collected in full they will produce at least five percent in excess of the amount needed to meet when due the principal and interest Page 80 of 117 301472461v1 13 payments on the Street Reconstruction Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Street Reconstruction Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the net revenues of the System appropriated and pledged to the payment of principal and interest on the Utility Revenue Portion of the Bonds, together with other funds irrevocably appropriated to the Utility Improvements Debt Service Subaccount herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. ## 19. C ontinuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Manager of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such Page 81 of 117 301472461v1 14 modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 20. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. ## 21. C ompliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Program"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Program; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Program, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. Page 82 of 117 301472461v1 15 (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds, and not later than 18 months after the later of (i) the date of the payment of the Reimbursement Expenditure, or (ii) the date on which the Program to which the Reimbursement Expenditure relates is first placed in service, but in no event more than three years after the date of payment of the Reimbursement Expenditure. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its bond counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 22. Certificate of Registration and Tax Levy. A certified copy of this resolution is hereby directed to be filed with the with the Auditor/Treasurer of Hennepin County, Minnesota, together with such other information as the Auditor/Treasurer shall require, and there shall be obtained from the Auditor/Treasurer a certificate that the Bonds have been entered in the Auditor/Treasurer's Bond Register and that the tax levy required by law has been made. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to bond counsel, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. ## 24. N egative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. ## 25. T ax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the twenty-four month exemption for gross proceeds of the Bonds as provided in Section 1.148-7(e) of the Regulations. The Mayor and/or City Manager and/or Page 83 of 117 301472461v1 16 Finance Director are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. No Designation of Qualified Tax-Exempt Obligations. The City will not designate the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code. ## 27. O fficial Statement. The Official Statement relating to the Bonds prepared and distributed by Northland is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. ## 28. S everability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. ## 29. H eadings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member _____________ and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Page 84 of 117 301472461v1 17 ## STATE OF MINNESOTA ## COUNTY OF HENNEPIN ## CITY OF EXCELSIOR I, the undersigned, being the duly qualified and acting City Clerk of the City of Excelsior, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $7,030,000 General Obligation Bonds, Series 2026C. WITNESS my hand on August 3, 2026. _______________________________________ ## Hilary Vokovan, City Clerk Page 85 of 117 301472461v1 ## A-1 ## EXHIBIT A ## PROPOSALS [To be supplied by Northland Securities, Inc.] Page 86 of 117 301472461v1 ## B-1 ## EXHIBIT B ## FORM OF BOND ## UNITED STATES OF AMERICA ## STATE OF MINNESOTA ## HENNEPIN COUNTY ## CITY OF EXCELSIOR ## R-____ $_________ ## GENERAL OBLIGATION BOND, SERIES 2026C ## INTEREST ## RATE ## MATURITY ## DATE ## DATE OF ## ORIGINAL ISSUE ## CUSIP ______% February 1, 20__ August 20, 2026 ## REGISTERED OWNER: CEDE & CO. ## PRINCIPAL AMOUNT: _________________________________________ The City of Excelsior, Hennepin County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2027, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank Trust Company, National Association, in Saint Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15 th ) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and Page 87 of 117 301472461v1 ## B-2 interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2035, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2034, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $7,030,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution, Charter of the Issuer and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on August 3, 2026 (the "Resolution"), for the purpose of Page 88 of 117 301472461v1 ## B-3 providing money to finance (i) improvements to the municipal water system, sanitary sewer system and surface water system; and (ii) street reconstruction projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2026C Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. ## Fees upon Transfer or Loss. T he Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. ## Authentication. T his Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Not Qualified Tax-Exempt Obligation. This Bond has not been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, Charter of the Issuer and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect Page 89 of 117 301472461v1 ## B-4 charges for the service, use and availability of its municipal water system, sanitary sewer system and surface water system (collectively, the " System") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Utility Revenue Portion of the Bonds, as defined in the Resolution, adequate to pay all principal and interest when due on the Utility Revenue Portion of the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on Utility Revenue Portion of the Bonds as they respectively become due, if the net revenues from the System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Excelsior, Hennepin County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. ## Date of Registration: ## BOND REGISTRAR'S ## CERTIFICATE OF ## AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. ## U.S. BANK TRUST COMPANY, ## NATIONAL ASSOCIATION ## Saint Paul, Minnesota, ## Bond Registrar ## By: ## Authorized Signature ## Registrable by: U.S. BANK TRUST COMPANY, ## NATIONAL ASSOCIATION ## Payable at: U.S. BANK TRUST COMPANY, ## NATIONAL ASSOCIATION ## CITY OF EXCELSIOR, ## HENNEPIN COUNTY, MINNESOTA ## [DO NOT SIGN THIS FORM OF BOND] ## Mayor ## [DO NOT SIGN THIS FORM OF BOND] ## City Manager Page 90 of 117 301472461v1 ## B-5 ## ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ___________ as custodian for ______________ (Cust) (Minor) under the _____________________ Uniform (State) ## Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ___________________________________________________________ ## ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:_____________________ ______________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. ## Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ (Include information for all joint owners if the Bond is held by joint account.) Page 91 of 117 301472461v1 ## C-1 ## EXHIBIT C ## SCHEDULES [To be supplied by Northland Securities, Inc.] Page 92 of 117 Item: 12.a. ## ITEM REPORT ## To: City Council ## From: Kristi Luger, City Manager ## Meeting Date: August 3, 2026 ## Department/Office: Administration Item Name: 2027 Excelsior Fire District Budget and Capital Improvement Plan (CIP) - ## 8:15 PM ## Summary: On July 15, the Excelsior Fire District (EFD) Board recommended the 2027 proposed operating budget and capital improvement plan be forwarded with a 6.39% increase to the member City Councils for approval. The EFD funding formula is strictly based on tax capacity with Excelsior’s share of the budget increasing by $23,103.76. A copy of the 2027 proposed operating budget and capital improvement program is included in the packet. Interim Fire Chief Basinger will be at the meeting to answer any questions. ## Recommended Action: Approve the 2025 Excelsior Fire District operating budget and capital improvement program ## Budget: ## Attachments: ## 1. 2027 EXFD FINAL Budget for Council Page 93 of 117 ## AccountAccountItem2025202520262027 ## Budget Change% ## CodeCodeBudgetActualBudgetBudget relative to 2026 ## Change ## Personal ServicesPersonal Services 230-42200-101230-42200-101Employees Regular521,986480,460.00641,549788,187146,63822.86% 230-42200-103230-42200-103Part-Time Employees34,22142,692.0035,92721,559-14,368-39.99% 230-42200-106230-42200-106Firefighter's Salaries689,650706,059.00713,688742,49728,8094.04% ## 230-42200-121230-42200-121PERA80,03280,788.00104,547128,11823,57122.55% ## 230-42200-122230-42200-122FICA/MC73,17570,991.0071,16974,5353,3664.73% ## 230-42200-129230-42200-129State Fire Aid0 230-42200-131230-42200-131Health & Dental Insurance82,46184,915.00114,895151,81036,91532.13% 230-42200-133230-42200-133Life Insurance1,1151,1151,11500.00% 230-42200-151230-42200-151Worker's Comp47,09939,963.0047,09970,72623,62750.16% ## Total Personal Services1,529,7381,505,8681,729,9891,978,548248,55914.37% ## PensionPension 230-42200-170230-42200-170Fire Pension Contribution231,000283,795.00268,550295,405 26,85510.00% ## Total Pension Contribution231,000283,795.00268,550295,40526,85510.00% ## SuppliesSupplies 230-42200-200230-42200-200Office Supplies3,000.003,115.003,0003,0000 0.00% 230-42200-212230-42200-212Motor Fuels25,000.0019,714.0020,00025,0005,00025.00% 230-42200-217230-42200-217Clothing45,971.0043,748.0044,57045,3647941.78% 230-42200-220230-42200-220Repair/Maint. Supplies15,000.0012,455.0012,25012,25000.00% ## 230-42200-221230-42200-221First Aid Supplies6,000.003,774.006,0006,00000.00% 230-42200-222230-42200-222Firefighting Supplies22,600.0023,871.0012,9108,500-4,410-34.16% ## 230-42200-241230-42200-241Fire Prevention Tools7,000.005,610.007,0007,00000.00% ## Total Supplies124,571112,287.00105,730107,1141,3841.31% ## Professional ServicesProfessional Services 230-42200-304230-42200-304Legal6,000.0017,919.003,0003,00000.00% ## 230-42200-307230-42200-307Fiscal Mgmt Fees7,400.006,665.007,4007,40000.00% 230-42200-311230-42200-311Auditing18,860.0015,500.0018,86017,260-1,600-8.48% 230-42200-312230-42200-312Refuse & Recycling3,600.004,525.003,6005,5001,90052.78% 230-42200-313230-42200-313Janitorial Services5,000.003,679.003,0003,00000.00% 230-42200-318230-42200-318Medical Fees13,000.005,300.0012,00012,00000.00% ## 230-42200-319230-42200-319Other Prof. Services17,800.0019,225.0014,80026,80012,00081.08% ## Total Prof. Services71,66072,813.0062,66074,96012,30019.63% ## Other Services and ChargeOther Services and Charges 230-42200-321230-42200-321Telephone25,450.0016,642.0018,50030,60012,10065.41% 230-42200-322230-42200-322Postage600.00609.0060070010016.67% 230-42200-323230-42200-323Radio Units42,650.0040,483.0042,65043,5509002.11% 230-42200-330Recruitment/Retention25,000.0013,961.0025,00025,00000.00% 230-42200-331230-42200-331Conferences20,250.0011,991.0016,25016,25000.00% 230-42200-332230-42200-332Mileage1,500.00492.001,0001,00000.00% 230-42200-333230-42200-333Meeting Expenses5,500.002,394.004,0004,00000.00% 230-42200-334230-42200-334Training & Schools28,500.0034,208.0028,50028,50000.00% 230-42200-350230-42200-350Printing & Publishing1,700.001,264.001,4751,47500.00% 230-42200-360230-42200-360Insurance35,000.0033,274.0035,00054,50619,50655.73% 230-42200-381230-42200-381Electric Utilities40,000.0032,826.0035,00035,00000.00% 230-42200-383230-42200-383Gas Utilities21,000.0017,200.0019,00019,00000.00% 230-42200-386230-42200-386Other Utilities2,500.003,089.003,0003,1001003.33% 230-42200-401230-42200-401Contracted Repairs28,100.0027,169.0030,80029,050-1,750-5.68% 230-42200-404230-42200-404Machinery/Equipment52,255.0034,531.0052,25552,2550 0.00% 230-42200-405230-42200-405Other Maintenance25,050.008,224.0020,32517,725-2,600-12.79% 230-42200-430230-42200-430Misc Expenses1,726.002,894.0075075000.00% 230-42200-433230-42200-433Dues and Subscriptions21,705.0016,147.0034,21040,5636,35318.57% ## Total Other Services378,486297,398.00368,315403,02434,7099.42% ## Total Operating Budget2,335,4552,272,161.002,535,2442,859,051323,80712.77% ## Capital OutlayCapital Outlay 230-42200-560230-42200-720CIP Tranfer225,000.00255000.00450,605399,355-51,250-11.37% ## 230-42200-720230-42200-560Building Fund Transfer30,000.0030,000-30,000-100.00% 230-42200-720230-42200-720Facilities Transfer0.0000 ## Total Capital Outlay255,000255000.00480,605399,355-81,250-16.91% 0 ## Total Fund 230Total Fund 230 ## Fire Operating Expenses2,590,4552527161.003,015,8493,258,406 242,5578.04% ## Operating RevenuesOperating Revenues ## 230-33400230-33400State Fire Aid231,000283,795.00268,550295,40526,85510.00% 230-34202230-34202Municipal Fire Contracts (Cities' Contribution)2,304,733.002,304,733.002,725,9482,900,151174,2036.39% 230-36210230-36210Interest Earnings1,100.002,061.001,1001,10000.00% 230-36228230-36228Refunds & Reimbursements5,000.0025,012.005,00046,50041,500830.00% 230-36230230-36230Donations2,500.0030,207.002,5002,50000.00% ## 230-36230230-36230Shared Services Income0.00000 ## 230-39203230-39203Special Event Permits12,750.0012,712.0012,75012,75000.00% 230-39203230-39203Transfers0.00000 ## Total Operating Revenues2,557,0832,658,520.003,015,8483,258,406242,5588.04% ## Balance-33,372-10 ## Balance January 1st363,817 ## Balance December 31st ## Unassigned Fund Balance % 2027 Page 94 of 117 ## 2027 CIP ## Equipment Item ## Date ## Aquired ## Original Cost ## Life Bench mark ## Proj Repl ## Date ## Proj Equip ## Costs ## Proj ## Finance ## Costs ## Proj Apparatus ## Costs ## Total Costs 20272028202920302031203220332034203520362037203820392040204120422043204420452046 ## APPARATUS Fire Marshal202120,0005202610,000 - 50,000 60,000 10,500 10,500 10,500 10,500 10,000 8,000 8,000 8,000 8,000 Chief 1202220,000520267,500 - 60,000 67,500 10,500 10,500 10,500 10,500 100008,000 8,000 8,000 8,000 Chief 2 (becomes R21 in 2027, new squad leased)201940,00010202710,000 - 60,000 70,000 25,000 11,250 11,250 11,250 11,250 10,000 9,000 9,000 9,000 Utility 11202155,000720285,000 - 55,000 60,000 10,050 20,000 8,000 8,000 8,000 8,000 22,500 8,000 8,000 Rescue 12 - Ford F 250 (currently owned)201948,0001020295,000 - 55,000 60,000 15,000 11,250 11,250 11,250 11,250 10,000 7,500 #30 - DO/R21 (owned, sell in 2027 #32 becomes R21)520305,000 - 55,000 60,000 15,000 11,250 11,250 11,250 11,250 10,000 7,500 Duty Officer202512,000520305,000 - 50,000 55,000 10,722 10,722 10,722 135008,500 8,500 8,500 8,500 10,000 ATV - John Deere Gator (not planning to replace)201417,663152029- - - #18 - Engine 212002309,00026202835,000 68,125 1,000,000 1,103,125 278,169 278,169 278,169 278,169 278,169 #19 - Tanker 112002181,00031203325,000 500,000 525,000 125,000 100,000 100,000 100,000 100,000 #27 - Engine 222013425,00025203835,000 95,000 850,000 980,000 205,000 170,000 170,000 170,000 170,000 #29 - Ladder 11 2018762,00025204335,000 97,225 1,200,000 1,332,225 #37 - Engine 11 2025327,00023204830,000 70,000 700,000 800,000 177,333 LSU Trailer201712,00020203715,000 - 15,000 30,000 30,000 ATV - Ranger202430,0002020445,000 - 35,000 40,000 40,000 Trailer - Ranger20241,700202044- - 5,000 5,000 5,000 Marine 1 (motors and electronics at 20)2022225,000202042100,000 - 100,000 100,000 Boat Trailer - Marine 120225,000202042- - 8,000 8,000 8,000 Boat 12 (motor & misc. equipment)8,000203515,000 - - 15,000 15,000 Boat Trailer - Boat 122,0002035- - 2,000 2,000 2,000 - Total Apparatus Expenses244,105 341,141 359,141 354,419 348,419 343,169 203,500 161,500 175,000 100,000 130,000 205,000 170,000 170,000 170,000 278,000 - 45,000 - - ## EQUIPMENT Air Pack (SCBA) Replacement (15 year)2026350,000 152041350,000 350,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 SCBA Compressor Station 1202640,000 30205655,000 55,000 Circle Air Washer202630,000 20204630,000 30,000 Extrication Tools 202129,239 10203130,000 30,000 10,000 10,000 10,000 30,000 Defibrillators (10)20258,000 102035 10,000 10,000 10,000 ## Thermal Imaging Cameras (TICs) 3,200 3,200 3,200 3,200 3,200 3,200 3,200 3,200 4-gas & single-gas monitors 850 850 850 850 850 850 850 850 Hose & nozzles 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 Lucas CPR Device202553,000 102035 60,000 60,000 60,000 KnoxBox202425,000 252049- Training Equipment- 5,000 5,000 5,000 5,000 5,000 5,000 - Total Equipment Expenses11,550 41,550 51,550 51,550 51,550 41,550 30,000 25,000 95,000 25,000 25,000 25,000 25,000 25,000 25,000 - - - - 30,000 ## BUILDING Station 1 Roof Repairs (flat roofs 2027)35,000 Garage Doors/Openers (2 per year)8,000 ## Carbon Monoxide/Nitrogen Oxide Sensors5,200 Server/IT/Hardware upgrades15,000 Mobile Data Computer Devices (2) (communicates with dispatch)5,500 ## Uniterrupted Power Supply75,000 Potential bond payment beginning 2028 (in addition to truck)100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Station 2 Total Building Expenses143,700 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 - - - - - - - - - - - Total Expenses399,355 482,691 510,691 505,969 499,969 484,719 333,500 286,500 370,000 125,000 155,000 230,000 195,000 195,000 195,000 278,000 - 45,000 - 30,000 Page 95 of 117 City2024 Budget2025 Budget2026 Budget2027 BudgetIncreaseOperations IncreaseCapital IncreaseTotal % Increase ## Deephaven$602,750.84$668,375.13$790,888.40$854,744.27$63,855.8713.14%-15.59%8.07% ## Excelsior$255,873.60$291,777.47$359,207.56$382,311.32$23,103.7611.42%-16.87%6.43% ## Greenwood$175,164.94$190,284.24$215,159.84$244,289.20$29,129.3618.86%-11.32%13.54% ## Shorewood$746,361.43$843,578.15$982,406.12$1,025,765.75$43,359.639.31%-18.45%4.41% ## Tonka Bay$273,849.19$310,718.01$378,286.08$393,040.10$14,754.028.77%-18.85%3.90% ## Total Contribution$2,054,000.00$2,304,733.00$2,725,948.00$2,900,150.65$174,202.6511.38%-16.91%6.39% ## 2026 Operations2027 Operations2026 Capital2027 Captial ## Deephaven$651,449.00$737,044.73$139,440.00$117,699.54 ## Excelsior$295,877.00$329,666.49$63,331.00$52,644.83 ## Greenwood$177,226.00$210,650.22$37,934.00$33,638.98 ## Shorewood$809,201.00$884,516.30$173,206.00$141,249.45 ## Tonka Bay $311,591.00$338,917.90$66,695.00$54,122.20 ## TOTAL$2,245,344.00$2,500,795.65 $480,606.00$399,355.00 ## OperationsCapital Page 96 of 117 Item: 12.b. ## ITEM REPORT ## To: City Council ## From: Kristi Luger, City Manager ## Meeting Date: August 3, 2026 ## Department/Office: Administration Item Name: Presentation from Interim Fire Chief Basinger Regarding the Haskell's Fire ## - 8:30 PM ## Summary: Interim Fire Chief Basinger will be at the meeting to give a presentation regarding the fire that occurred at Haskell’s in May. ## Recommended Action: No action. Information only. ## Budget: ## Attachments: ## 1. 1 Water Street Presentation Page 97 of 117 ## HASKELL’S ## PORT OF EXCELSIOR ## AFTER ACTION REVIEW Page 98 of 117 ## D ISPATCH AND INITIAL RADIO TRAFFIC ## FIRE DISPATCH Page 99 of 117 ## SLMPD BODY CAM Page 100 of 117 ## BC2 DASH CAM Page 101 of 117 ## INCIDENT OVERVIEW ## DATE & TIME 05/06/2026 ## 01:33AM - SLMPD ## 01:37AM - EXFD ## LOCATION ## 1 Water Street ## Excelsior, MN ## CALL TYPE ## Burglary Alarm – SLMPD ## Business Fire - EXFD ## Number of Agencies 13 Page 102 of 117 ## INCIDENT TIMELINE 01:33SLMPD notified of burglary alarm activated 01:36SLMPD on scene. Updated dispatch while coming down Water Street. 01:37:55Fire page: Excelsior Fire All Call, Minnetonka Fire for an engine and BC. 01:41:01EXFD Battalion Chief 2 arrives, gives size up, requests second alarm 01:43:10EXFD Engine 11 arrives with a crew of 3, pulls attack lines, hooks hydrant 01:45:45First water applied 15:52:26All EXFD units clear 01:45:38EXFD Chief 1 arrives, assumes command Page 103 of 117 ## VICTORIA FD DRONE Page 104 of 117 ## VICTORIA FD DRONE Page 105 of 117 ## ROOF CONSTRUCTION Page 106 of 117 ## LADDER 11 Page 107 of 117 ## LADDER 11 Page 108 of 117 ## LADDER 11 Page 109 of 117 ## LADDER 11 Page 110 of 117 ## RESPONSE ## EXFD RESPONSE 16 personnel on initial response (5 in-station) •Chief 1 •*Battalion 2 •*Engine 11 (3) •Engine 21 (4) •**Engine 22 (2) •Ladder 11 (4) •Utility 11 (1) *Staffed at Station 1 **Staffed at Station 2 ## EXTERNAL RESPONSE •Minnetonka •Engine 3, Battalion Chief 2 (auto-aid) •Ladder 1, Chief 1, Air truck (2 nd alarm) •Hopkins – Engine 1, Chief 1 •Mound – Engine 11 •Shoreline – Engine 12, Chief 1, Chief 4 •Chanhassen – Chief 3, Engine 1 ## •Golden Valley – LSU, Battalion Chief 1 ## •Hennepin County Fire Investigation Team ## •South Lake Minnetonka PD •Deephaven PD •Wayzata PD ## •Hennepin Ambulance, Supervisor •Victoria – Drone Operator Page 111 of 117 ## WHAT WORKED WELL ## Battalion Chief and Duty Crew Staffing Battalion Chief and E11 crew were staffed at Station 1. Water on the fire in less than 8 minutes from time of page. ## Coordination with PD SLMPD had good positioning – did not obstruct fire apparatus access. Good communication with command. ## Apparatus Placement Perfect positioning by E11 – nosed into hydrant, stretched off rear, left room for ladder(s). BC2 placement – dash cam. ## Mutual Aid Auto aid and mutual aid response was fast. Interagency support has grown and operations have become more consistent. ## Use of Resources BC2 requested Victoria Drone. Firefighters were creative accessing problematic areas and maximizing apparatus capabilities. Page 112 of 117 ## AREAS FOR IMPROVEMENT ## Utilize Rehab Not many crews went through rehab. This should be standard practice on all fires. ## Crew Integrity/PAR Boards Ensure PAR boards are brought to assigned area or left on officer’s floorboard. Crews remaining together throughout. ## 360 Update Over Radio Discussed face-to-face. Should have been aired over the radio with reaffirmation of strategy and accountability location. Establish a perimeter/barrier sooner. 11 / 17 ## Perimeter Page 113 of 117 ## KEY TAKEAWYS ## TIC Use - Division Boss and Safety Officers TIC use by division boss and safety officers identified the metal joists were beginning to sag and the roof was starting to fail. Unable to see this through the smoke. Made for an informed decision as to when to go defensive. ## Knowing Apparatus E11 position for fastest deployment and water supply. L11 use for initial and standby operations. ## Persistence of Crews Crews stood by and continued to pick away at the problematic areas, finding solutions to safely make access (duct taped knife to pike pole, L11 ladder for safe access to collapsed roof). Prevented a re-kindle. Enabled additional salvage. ## Review and Adapt Continuously Every incident reveals gaps that routine inspections miss. Use the AAR process as a catalyst for policy updates, training refreshers, and system upgrades. Build a culture where feedback drives improvement. 16 / 17 Page 114 of 117 ## INVESTIGATION Conducted by: Hennepin County Fire Investigation Team; Excelsior Fire District Fire Marshal ## AREA OF ORIGIN With a high degree of certainty, the area of origin was the Bravo side exterior of the structure in the area adjacent to the primary restaurant entrance. ## IGNITION SOURCE Undetermined. There is a high likelihood of an improperly disposed cigarette in the planter as the ignition source, which then ignited the peat moss soil and then the wood trellis. However, no remnants of smoking materials were found in the immediate area of origin. It is possible smoking materials were entirely consumed by fire, or were washed away during defensive firefighting operations. ## DETECTION SYSTEMS PRESENT None. No detectors. No sprinklers. Alarm was motion detection only. 12 / 17 Page 115 of 117 Page 116 of 117 Item: 14.a. ## ITEM REPORT ## To: City Council ## From: Cari Lindberg, Assistant City Manager ## Meeting Date: August 3, 2026 ## Department/Office: Administration Item Name: Scheduling City Ice Cream Social and City Council Training ## Summary: In 2019, the City held an ice cream social in the Commons to connect with the community. As part of the City’s communication efforts, the City Council discussed holding an ice cream social in the fall with a potential date of Monday, September 14, 2026. The Council should discuss whether to schedule it on this date or select a different date. The City Attorney would also like to hold a special work session with the City Council to discuss the process of making findings of fact in considering land use applications and other quasi-judicial decisions. This meeting would be a special work session outside the regular meeting calendar. The Council should discuss potential dates for this special work session. ## Recommended Action: Schedule a date for the City ice cream social. Schedule a date for the special work session regarding land use applications. ## Budget: ## Attachments: ## None Page 117 of 117