2004-05-25 pI.F~ASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
AGENDA
*Consent A~enda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call
vote. There will be no separate discussion of these items unless a Council g~embqr or Citizen so requests. In that event the item will
be removed from the Consent Agenda and considered in normal sequence.
Page
Open meeting - Pledge of Allegiance
Approve agenda, with any amendments
*Consent Agenda
*A. Approve minutes:
*B.
*C.
*D.
*E.
*F.
May 10, 2004 special meeting workshop
May 11, 2004 regular meeting
May 18, 2004 joint CC/HRA meeting
Approve payment of claims
Approve tree removal & treatment licenses
Approve recommendation to extend CBD Parking Program
Approve resolution reaffirming the authorization of the City
sponsorship of the state grant-in-aid snowmobile trail funds
Approve letter of credit reduction for Langdon Trails
Approve an ordinance adding section 903 to Chapter IX of the
City Code prohibiting fishing at certain portions of the Lost Lake
Channel
1425
1426-1432
1433-1434
1435-1463
1464-1465
1466
1467-1470
1471-1473
1474-1480
C~
Comments and suggestions from citizens present on any item not on the
agenda. (Limit to three minutes per speaker.)
Public Hearings
A. CSAH 15 Street Improvements
1. Action on resolution receiving report for the construction
and realignment of CSAH 15
Action on resolution ordering improvement and approving
plans for the construction and realignment of CSAH 15/110
1481-1482
1483-1484
C
PLEASE TURJ~I OFF AT CE!,L PHONES & PAGE~ ~ COUNC~ CH~4~MBE~.
Bond Sale for 2004 Projects
A. Action on resolution providing for the issuance and sale of $1,785,000
general obligation improvement bonds, series 2004A, pledging special
assessments for the security thereof and levying a tax for the payment
thereof
Action on resolution providing for the issuance and sale of $1,675,000
general obligation revenue bonds, series 200411 and pledging for the
security thereof net revenues
Action on resolution providing for the issuance and sale of $500,000
general obligation equipment certificates, series 2004C, and levying
a tax for the payment thereof
Action on proposed amendments to the Zoning Ordinance - Temporary
Membrane Structures
PC report/recommendation: Lake access for parcels which are physically
separated/applicable subdivision procedures
Miscellaneous/Correspondence
A. Minutes: Planning Commission -May 3 &. 17, 2004
B. FYI: Halstead Point sketch plan
C. Notes: Hennepin County 15 project
D. Correspondence: LMCD
· E. LMC: Friday/Monday Fax
F. Report: Finance Department - April 2004
G. FYI: Contribution of charitable gambling funds from Jaycees
H. Report: 2004 Open Book Meeting
I. Correspondence: Mediacom
J. Correspondence: Westonka Healthy Community Collaborative
K. Calendar: LMCC
1485-1507
1508-1532
1533-1551
1552-1557
1558-1561
1562-1570
1571-1580
1581-1582
1583-1597
1598-1604
1605-1607
1608
1609-1615
1616-1617
1618-1621
1622-1623
10. Adjourn
This ts a preliminary agenda and subject to change. The Council will set a final agenda at the meeting.
agendas may be viewed at City Hall or at the City of 3dound web site: www. cityofmound, com.
More current meeting
COUNCIL BRIEFING
May 25, 2004
Upcoming Events Schedule: Don't Forget!!
May 22 - 10:00-2:00 - City Silent Auction of Surplus Goods - City Hall & Public Safety
May 25 - '6r31J- HRA regular meeting
May 25 - 7:30 - CC regular meeting
June 5 - 3:00-12:00 - Mound Fire Department Fish Fry
June 6 - DARE Open
June 18- 8:00 a.m.- City Golf Outing
Aug 21-22 - Mound Art in the Park
Upcoming Absences
Admin Offices Closed
May 31 Memorial Day
July 5 Independence Day
Photo ID's
Those whose photos need to be retaken should come a little past 7:00 p.m. to do that. Thank you for your
cPatience.
Silent Auction
Consider coming to the City Silent Auction this Sat, 10:00 to 2:00. There is a huge inventory, including jewelry
and watches. Could be fun and interesting!
C
MOUND CITY COUNCIL MINUTES
MAY 10, 2004
The City Council of the City of Mound, Hennepin County, Minnesota, met in special
session on Monday, May 10, 2004, at 6:30 p.m. in the council chambers of city hall.
Members Present: Mayor Pat Meisel; Councilmembers Mark Hanus, David Osmek and
Peter Meyer.
Members Absent: Councilmember Bob Brown
Others Present: City Manager Kandis Hanson, Finance Director Gino Businaro, Public
Works Director Carlton Moore, Parks Superintendent Jim Fackler, Public Works
Superintendent Greg Skinner, and Jim Prosser of Ehlers & Associates.
1. Open Meeting
Mayor Meisel called the meeting to order at 6:45 p.m.
2. Preview by Jim Prosser of Ehlers & Associates and Kandis Hanson
Kandis Hanson reviewed the space needs analysis, with the outstanding need being
Public Works facilities. This meeting is for the Council to give direction regarding the
proposed improvement of the Public Works facilities.
Jim Prosser reviewed financing scenarios and options for the proposed improvement of
the Public Works facilities, and recommended that a task force be used to implement
public participation.
After discussion it was decided to obtain First Right of Refusal for properties on
Lynwood Boulevard, to the east of the existing Public Works Facility, as well as the
properties to the north.
3. Tour of Parks Facility~ Including Island Park Hall
At 7:30 p.m. the Council proceeded to tour the Parks Facilities
4. Additional Presentation and Discussion at City Hall
It was the decision of the Council not to return to City Hall.
5. Adjourn
Mayor Meisel adjourned the meeting at 8:30 p.m.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
- 1425-
MOUND CITY COUNCIL MINUTES
MAY 11, 2OO4
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, May 11,2004, at 7:30 p.m. in the council chambers of city hall.
Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David
Osmek and Peter Meyer.
Others Present: City Attorney John Dean, City Manager Kandis Hanson, Community
Development Director Sarah Smith, Liquor Store Manager John Colotti, Allison Fish,
Melody Husted, Beatrice Amidon, Mark Lee, Pam Weatherhead, Danny Hill, Tom
Stokes, Eva Hasch, James Holmbeck.
Consent Agenda: All items listed under the Consent Agenda are considered to be
routine in nature by the Council and will be enacted by a roll call vote. There will be no
separate discussion on these items unless a Councilmember or citizen so requests, in
which event the item will be removed from the Consent Agenda and considered in
normal sequence.
1. Open Meeting and Pledge of Allegiance
Mayor Meisel qalled the meeting to order at 7:30 p.m., and the Pledge of Allegiance was
recited.
2. Approve Agenda
Meisel requested the addition of 3K, setting special meeting and Hanus requested the
removal of 3C for discussion.
MOTION by Brown, seconded by Hanus to approve the agenda as amended. All voted
in favor. Motion carried.
Consent Agenda
A. Approve minutes of April 26, 2004 joint Planning Commission/City Council
meeting, April 27, 2004 regular meeting, and April 29, 2004 special meeting.
B. Approve payment of bills in the amount of $345,149.17.
C. (removed)
D. Approvals for Mound Fire Department Fish Fry: (1) Public Dance Permit; (2)
Temporary On-Sale 3.2 Malt Liquor Permit; and (3) Temporary Set-up
License (Consumption & Display)
E. Approve Partial Payment #5 to Environmental Associates in the amount of
$121,724.83 for the Lost Lake Greenway Project
F. RESOLUTION NO. 04-58: RESOLUTION PROCLAMING BUDDY POPPY
DAY
G. Approve Public Gathering Permit for Fishers of Men for picnic at Mound Bay
Park on June 16, 2004, from 7:00 a.m. to 3:00 p.m.
H. Approve Tree Removal License for Pro Tree Service of Little Falls, MN
1
- 1426-
C
Mound Council Minutes - May 11,2004
Planning Commission Recommendations:
1. RESOLUTION NO. 04.59: RESOLUTION APPROVING REAR YARD
SETBACK VARIANCE FOR THE CONSTRUCTION OF A PORCH
ON THE RESIDENCE LOCATED AT 1749 BLUEBIRD LANE, LOTS
13 AND 14, BLOCK 9, DREAMWOOD. P&Z CASE #04-08. PID #13-
117-24-24-0005.
2. RESOLUTION NO. 04-60: RESOLUTION TO APPROVE A SIDE
SETBACK VARIANCE TO ALLOW A TEN (10) INCH VARIANCE
FOR A 2-CAR GARAGE ADDITION FOR THE PROPERTY
LOCATED AT 4679 HAMPTON ROAD. P&Z CASE #04-10, PID #19-
117-23-33-0185.
3. RESOLUTION NO. 04-61: RESOLUTION TO APPROVE A
LAKESHORE SETBACK VARIANCE TO ALLOW REPLACEMENT
OF AN EXISTING DECK FOR THE PROPERTY LOCATED AT 4804-
4820 NORTHERN ROAD. P&Z CASE #04-11. PID #13-117-24-44-
0094.
Waiver of Plattinq Request- 5853 Fairfield Road
RESOLUTION NO. 04-62: RESOLUTION TO APPROVE REQUEST FROM
VINCENT REIS FOR WAIVER OF PLATTING APPROVAL TO SUBDIVIDE
LOTS 3,4,5, & 6, BLOCK 9, MINNESOTA BAPTIST ASSEMBLY INTO
TWO (2) LOTS. PID #23-117-24-42-0089.
Set special meeting with the HRA and Mound Harbor Renaissance
Development for May 18, 2004, at 6:30 p.m., for the purpose
discussion/action on docks and/or dredging in the Lost Lake District.
3C. Ordinance Prohibitinq Fishinq at Certain Portions of the Lost Lake Channel
Hanus had a question regarding the areas meant to be included in this no fishing
regulation because some of the property included is not public land. Meisel also stated
she had calls from residents in the neighborhood stating that they use private property
for fishing. After discussion it was decided that the no fishing regulation was meant for
the Lost Lake Greenway area, which is public property.
John Dean asked for direction from Council as to what area they want included in the no
fishing regulation.
MOTION by Osmek, seconded by Brown to table this item until next week for
clarification and designation of no fishing area. All voted in favor. Motion carried.
2
' - 1427-
Mound Council Minutes - May 11, 2004
4. Comments & Suqqestions from Citizens Present on any Item Not on the
Aqenda - Danny Hill commented on a proposed new structure at 4625 Island View
Drive and possible impacts this construction would have on their views. His concern is
that the height of this proposed structure would decrease the value of their property.
Sarah Smith will check the status of the permit and if it complies with code.
James Holmbeck, 2222 Mill Pond Lane, appeared before the Council with reference to
the Langdon Trails development. He stated the developer sheared the roots off of one
of his trees, is removing 100-year fir trees. Meisel stated that the drainage issues have
been addressed, but the developer has no right to damage others private property or
trees. City staff will conduct an on-site meeting and get in contact with property owner
and the project manager, Chuck Alcon.
5. Report on Harbor Wine & Spirits Gala Wine Tasting Benefit
John Colotti presented an overview of the April 1st Gala Wine Tasting Event that was
held at Burl Oaks Country Club. This was the first event of this type and plans are to
have it a bi-annual event in the future.
6. Consideration / Action on Floodplain Alteration Permit - Mark & Becky Lee -
1975-1989 Lakeside Lane
Sarah Smith explained that the applicant is proposing to place 30 cubic yard of fill within
the floodplain on the lake side of the west lot, so as to eliminate a Iow spot that allows
standing water in the Spring. She indicated that the Chair of the Planning Commission
has determined that this application need not go before the Commission, and that a
resolution has been prepared outlining the details associated with the application. Staff
recommends approval.
Hanus commented that the language in the resolution, l(a) states that the project shall
be constructed according to the project plan that was approved by the City Council. He
requests that wording be added to stress that this approval is not for any structures or
buildings. Smith will add this wording.
Tom Stokes of Brenshell Homes stated there is wide spread water in the area as it now
lays. The alteration permit as submitted would rectify the current problem of standing
water.
Beatrice Amidon, 1909 Lakeside Lane, asked why the City didn't let the former owners
fill in this lot. Smith explained that prior to 2002 permitting responsibilities for floodplain
alteration were handled by the MCWD. She said that since the swamp was filled in next
to her, she has had numerous water problems. She presented some pictures to the
Council. She asked if she can submit a similar application and was referred to Smith for
clarification.
3
- 1428-
C~
Mound City Council Minutes - May 11,2004
Melody Hustad, 1968 Lakeside Lane, stated that she is the lowest point on the street
and people behind and beside her drain towards the corner of her property. She wants
a guarantee that she will not be flooded if this alteration permit is granted. Osmek
stated that by the plan presented, the water should not drain back into any yards. It was
noted that the proposed grading plan submitted with this application was reviewed by
the City Engineer.
MOTION by Osmek, seconded by Brown to adopt the following resolution, adding
section l(f) to read: No further approval of any development plans and/or building
permits is included as part of this action in the event the variance(s) application is
approved. All voted in favor. Motion carried.
RESOLUTION NO. 04-63: RESOLUTION APPROVING THE FLOODPLAIN
ALTERATION AND EROSION PERMITS FOR THE PROPERTY LOCATED AT 1975-
1989 LAKESIDE LANE.
7. Proposed Amendment to the Zoning Ordinance - Temporary Membrane
Structures
Meisel stated that this item has been before the Council before. She has a problem
with taking the time to inventory these temporary structures. Brown also indicated that
the 180 day window is also hard to keep track of. Discussion took place as to the
proposed provisions with regard to placement in residential vs. commercial districts. He
recommended having the proposed ordinance limit these structures to one per property
not to exceed 400 sq. ft, that it shall not be placed on public property, it must meet the
hardcover regulations of 40%, and it must be adequately anchored and/or secured to
the ground.
Mayor Meisel opened the public hearing at 8:35 p.m. (continued from April 27, 2004).
Beatrice Amidon, 1909 Lakeside Lane, commented that she thinks the people who live
to the left side of her property have such a structure.
John Dean commented that the removal of the (180) day limitation makes the
"temporary" structures not subject to setback requirements which in essence makes the
structures "permanent", and the setback requirements have also been taken out at this
point. As the ordinance is proposed this permanent structure can go anywhere on the
property.
Mayor Meisel closed the public hearing at 8:45 p.m.
Osmek stated that he understands Dean's concern, but if you make this type of
structure conform to setbacks, you have a lot of residents that cannot have them on
their lot.
4
- 1429-
MOund City Council Minutes - May 11, 2004
Brown withdrew the second to the motion on the floor, stating that he feels that a
structure of this type has to be conforming to setbacks.
Osmek is not removing his motion and looking for a second. Motion failed for lack of a
second.
Hanus talked about the City's temporary structure at the Public Works Garage and he is
unwilling to adopt a regulation which the City itself cannot abide by, because of not
meeting setbacks, etc. Osmek suggested waiting two weeks to find out the status of
this structure and if it would meet certain regulations. He asked if a (3) foot setback is
acceptable to the rest of the Council and it appeared that it was.
MOTION by Osmek, seconded by Brown to table action on the proposed ordinance until
May 25th so the structure at Public Works can be assessed for compliance. All voted in
favor. Motion carried.
Meisel requested that the proposed new ordinance as discussed with suggested
changes, be included in the next agenda packet.
8. Action on Labor Aoreement Between the City of Mound and Minnesota
Teamsters Union, Local 320: Public Works Workers, January 1, 2004- December
3'1, 2005.
MOTION by Brown, seconded by Hanus to accept and approve the Labor Agreement
between the City of Mound and Minnesota Teamsters Union, Local 320: Public Works
Workers, January 1, 2004 through December 31,2005, as presented. All voted in
favor. Motion carried.
Mayor Meisel announced that the Council would take a ten minutes break and then go
into Executive Session to discuss the City Manager's Performance Evaluation.
9. Executive Session for City Manager's Performance Evaluation, with Action on
Resolution Extending Contract and Setting Salary
Upon returning from Executive Session at 9:33 p.m., Mayor Meisel reviewed the
Performance Evaluation process.
MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 04-64: RESOLUTION AMENDING EMPLOYEE AGREEMENT
BETWEEN THE CITY OF MOUND AND CITY MANAGER, KANDIS HANSON
10. Miscellaneous/Correspondence
A. Article: Six reasons why it's best to work through the manager
B. Update: County Road 15 Reconstruction Project
5
- 1430-
C
C
Mound City Council Minutes - May 11,2004
C. Letter to the Editor: Meyer said no to land deal - Discussion took place between
Osmek and Meyer regarding a letter to the editor that was written by Meyer with
reference to his vote on the request for release of public land abutting (3) properties on
Denbigh Road, which was formerly reviewed by the Council in 2003.
Hanus asked to make a statement to Meyer as follows: "1 been trying to take the high
road on this thing and avoid getting into petty arguments in The Laker. I've endured
week after week after week of character assassinations in The Laker by misinformed or
un-informed people that are more interested in making a splash than dealing with the
truth. Now I have a Councilmember who's been presented more than once with the
whole truth. You do not have ignorance as an excuse this time. You chose to repeat
only part of the truth in order to influence public opinion. This is shameful behavior by a
public official and in itself is abuse of the public trust. You're damaging public opinion of
me and the City Council and the City itself by telling only part of the story and you insist
on doing it over and over and over. Rather than running to The Laker I'm confronting
you directly tonight, something that I think should be done a little more often in Mound.
The public is entitled to the whole truth and the public should not be manipulated by
filtering information such as you're doing. People who live in glass houses should not
throw stones. You, Councilman Meyer, have threatened businesses if they don't follow
your political agenda. You have argued against giving the public important financial
information on the purchase of land for public purposes because it might not yield the
result you want. You have created, and then hidden behind illegal political campaigns to
affect the outcome of elections in Mound. All of these things you have done, Mr. Public
Trust, Mr. Open and Honest Government. I wrote a letter to the City, inquiring if they
might be interested in selling a small unbuildable piece of tax forfeit property. I did it in
the open, I did it above board, I did it in the public eye in front of three City
commissions, all city department heads and the City Council. I was the one who
authorized the notification of the renewed status of the case to the only person that was
in opposition to it. How open do I have to be? How open do I have to be? And for this
you levy a charge that I have abused the public trust. If you have any integrity or if you
have any sense of right and wrong, you should be ashamed of yourself. I don't care
about myself, but you owe the public an apology here tonight and in The Laker."
D. Report: Harbor Wine & Spirits- April 2004
E. LMC: Friday Fax
F. Correspondence: LMCD
11. Adjourn
MOTION by Osmek, seconded by Brown to adjourn at 9:54 p.m. All voted in favor.
Motion carried.
6
-1431 -
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
7
- 1432-
MOUND CITY COUNCIL AND HRA MINUTES
MAY '18, 2004
C
C
The City Council and Housin9 and Redevelopment Authority of and for the City of
Mound, Minnesota, met in special session on Tuesday, May 18, 2004, at 6:30 p.m. in
the council chambers of city hall.
Members Present: Councilmembers/Commissioners Bob Brown, Mark Hanus, David
Osmek and Peter Meyer.
Members Absent: Mayor/Chairperson Pat Meisel
Others Present: City Attorney John Dean, City Manager Kandis Hanson, Parks/Docks
Superintendent Jim Fackler, City Planner Bruce Chamberlain, Community Development
Director Sarah Smith, Peter Pflaum, Walter Rockenstein, Dave Newman, Jerry Paqnir,
Chuck Alcon.
1. Open Meeting
Acting MayodChair Mark Hanus called the meeting to order at 6:45 p.m.
2. Discussion with Mound Harbor Renaissance Development Re.qardinR
Proposed Dockage at Lost Lake District
Discussion took place between City staff, City Council, and members of Mound Harbor
Renaissance Development, LLC, regarding the need for a dock license for each
townhome being proposed in the Lost Lake District.
MOTION by Brown, seconded by Osmek to approve the following requests made by
MHRD, LLC:
1) Authorize the City Staff to contact the LMCD regarding boat dimension limits
which will be in effect for the Lost Lake Townhome docks, to determine the
sizing of the docks and the dredge area.
2) Authorize the City Staff to apply for licenses from the LMCD for 40 additional
docks, with overnight mooring, for each of the 38 Lost Lake Townhome
owners plus two guest slips, consistent with the dimension data determined in
paragraph (1) above.
3) Authorize the City Staff to make the appropriate applications to the various
agencies, including the MCWD, for a dredging permit to dredge an area from
Lost Lake, adjacent to the townhome site, to support the boat dimensions and
boat navigability requirements, determined from paragraph (1) above;
applications are to include the required mitigation plans, improved storm
sewer water quality from downtown Mound, and other supporting data as may
be required.
- 1433-
Mound City Council and HRA Minutes - May 18, 2004
Assumptions for the requested actions above:
1) All costs for the applications, licensing actions, dredging and dock
construction will be the responsibility of MHRD.
2) New BSU's will be created to support the request for 40 docks.
3) The Common Dock Program will not be impacted nor will existing program
licensees.
4) The dredge project will be a City Project, the docks will be constructed by
MHRD and accepted by the City as in a utility acceptance.
The following voted in the affirmative to the above motion: Hanus, Brown and Osmek.
The following voted in the negative: Meyer. Motion carried.
3. Adjourn
MOTION by Osmek, seconded by Brown to adjourn at 7:20 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
- 1434-
MAY 25~ 2004 CITY COUNCIL MEETING
C
051204SU E $9,647.88 MAY
051304SU E $4,225.15 MAY
051904SU E $11,583.78 MAY
052504SUE $243,850.51 MAY
053104CRCARD $3,348.24 MAY
TOTAL
$272,655.56
-1435-
CiTY OF MOUND
City of Mound
Payments
05/11/04 11:42 AM
Page 1
Current Period: May 2004
Batch Name 051204SUE User Dollar Amt $9,647.88
Payments Computer Dollar Amt $9,647.88
$0.00 In Balance
Refer 51204 FRONTIER/CITIZENS COMMUNICA
Cash Payment E 101-41910-321 Telephone & Cells 03-04 472-0600 $1,138.52
Invoice 051204 5/12/2004
Cash Payment E 101-42110-321 Telephone & Cells 03-04 472-0622 $474.38
Invoice 051204 5/12/2004
Cash Payment E 222-42260-321 Telephone & Cells 03-04 472-3555 $284.63
Invoice 051204 5/12/2004
Cash Payment E 101-43100-321 Telephone & Cells 04-04 472-0635 $367.60
Invoice 051204 5/12/2004
Cash Payment E 601-49400-321 Telephone & Cells 04-04 472-0635 $367.60
Invoice 051204 5/12/2004
Cash Payment E 602-49450-321 Telephone & Cells 04-04 472-0635 $367.80
Invoice 051204 5/12/2004
Transaction Date 5/5/2004 Wells Fargo 10100 Total $3,000.53
Refer 52304 MOUND POST OFFICE
Cash Payment E 101-41110-322 Postage SUMMER NEWSLETTER POSTAGE $710.76
Invoice 051204 5/12/2004
~'ransaction Date 5111/2004 Wells Fargo 10100 Total $710.76
Refer 51204 TRUE VALUE, MOUND
Cash Payment E 222-42260-210 Operating Supplies 04-04 MISCELLANEOUS SUPPLIES $246.45
Invoice 051204 5/12/2004
Transaction Date 5/6/2004 Wells Fargo 10100 Total $246.45
Refer 51204 XCEL ENERGY
Cash Payment E 101-41910-381 Electdc Utilities 03-04#2245-301-939 $722.51
Invoice 051204 5/12/2004
Cash Payment E 101-42115-381 Electdc Utilities 03-04 #0466-607-223 $21.99
Invoice 051204 5/12/2004
Cash Payment E 601-49400-381 Electdc Utilities 03-04 ~0217-606-329 $2,565.59
Invoice 051204 5/12/2004
Cash Payment E 101-45200-381 Electric Utilities 03-04 #0047-005-229 $173.50
Invoice 051204 5/12/2004
Cash Payment E 101-43100-381 Electdc Utilities 03-04 #0864-508-832 $110.11
Invoice 051204 5/12/2004
Cash Payment E 601-49400-381 Electdc Utilities 03-04 ~)864-508-832 $110.11
Invoice 051204 5/12/2004
Cash Payment E 602-49450-381 Electdc Utilities 03-04 #0864-508-832 $110.11
Invoice 051204 5/12/2004
Cash Payment E 602-49450-381 Electdc Utilities 03-04 #0018-802-634 $1,539.15
Invoice 051204 5/12/2004
Cash Payment E 101-43100-381 Electdc Utilities 03-04#0009-604-835 $337.07
Invoice 051204 5/12/2004
Transaction Date 5/4/2004 Wells Fargo 10100 Total $5.690.14
- 1436-
CITY OF MOUND
Fund Summary
101 GENERAL FUND
222 AREA FIRE SERVICES
601 WATER FUND
602 SEWER FUND
City of Mound 05/41/0411:42 AM
Page 2
Payments
Current Period: May 2004
10100 Wells Fargo
$4,056.44
$531.08
$3,043.30
$2,017.06
$9,647.88
Pre-Written Check
Checks to be Generated by the Compute
Total
$0.00
$9,647.88
$9,647.88
C
- 1437-
CITY OF MOUND
Batch Name
051304SUE
Payments
City of Mound 05/13/04 9:47 AM
Page 1
Payments
User Dollar Amt $4,225.15
Computer Dollar Amt $4,225.15
Refer 51904 FRONTIER/CITIZENS COMMUNICA
E 609-49750-321 Telephone & Cells
5/19/2004
5/11/2004
Cash Payment
Invoice 051904
Transaction Date
$0.00 In Balance
04-04 472-0648 $$19.71
Wells Fargo 10100 Total $619.71
Refer 51304 LUEDKE, JULIE M.
Cash Payment G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE $283.36
Invoice 051304 5/13/2004
Transaction Date 5/13/2004 Wells Fargo 10100 Total $283.35
Refer 51904 PETTY CASH
Cash Payment G 101-22908 Mound Harbor Renaissance PARKING, MOORE $4.75
Invoice 051904 5/19/2004
Cash Payment E 101-41500-322 Postage POSTAGE $0.23
Invoice 051904 5/19/2004
Cash Payment E 401-46377-300 Professional Srvs PARKING,MOORE $12.00
Invoice 051904 5/19/2004
Cash Payment E 401-46377-300 Professional Srvs PARKING,MOORE $15.00
Invoice 051904 5/19/2004
Cash Payment E 101-43100-434 Conference & Training REGISTRATION,WIDMER $32.00
Invoice 051904 5/19/2004
Cash Payment R 101-39210 Duplicating Service Charge POSTAGE $20.14
Invoice 051904 5/19/2004
Cash Payment E 101-41310-434 Conference & Training TRAINING,MEALS $15.00
Invoice 051904 5/19/2004
Cash Payment E 101-43100-438 Licenses and Taxes LICENSE TABS $1.00
Invoice 051904 5/19/2004
Cash Payment E 601-49400-438 Licenses and Taxes LICENSE TABS $1.00
Invoice 051904 5/19/2004
Cash Payment E 602-49450-438 Licenses and Taxes LICENSE TABS $1.00
Invoice 051904 5/19/2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $102.12
Refer 51904 SPEEDWAY SUPERAMERICA (POL
Cash Payment E 101-42110-212 Motor Fuels THRU 04-26-04 GASOLINE CHARGES $1,862.10
Invoice 051904 5/19/2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $1,862.10
Refer 51904 XCEL ENERGY
Cash Payment E 222-42260-381 Electric Utilities 04-04 ELECTRICITY $814.72
Invoice 051904 5/19/2004
Cash Payment E 101-42110-381 Electric Utilities 04-04 ELECTRICITY $543.14
Invoice 051904 5/19/2004
Transaction Date 5/6/2004 Wells Fargo 10100 Total $1,357.86
- 1 438-
CITY OF MOUND
Fund Summary
101 GENERAL FUND
222 AREA FIRE SERVICES
401 GENERAL CAPITAL PROJECTS
601 WATER FUND
602 SEWER FUND
609 MUNICIPAL LIQUOR FUND
City of Mound 05/13/04 9:47 AM
Page 2
Payments
Current Period: May 2004
10100 Wells Fargo
$2,761.72
$814.72
$27.00
$1,oo
$1.oo
$619.71
$4,225.15
Pre-Written Check
Checks to be Generated by the Compute
Total
$0.00
$4,225.15
$4,225.15
C
C
- 1439-
CITY OF MOUND
Batch Name
051904SUE
Payments
Refer 51904 MOUND POST OFFICE
Cash Payment
Invoice 051904
Cash Payment
Invoice 051904
Transaction Date
E 601-49400-322 Postage
5/19/2004
E 602-49450-322 Postage
5/19/2004
5/18/2004
City of Mound 05/18/04 1:00 PM
Page 1
Payments
Current Period: May 2004
~,~,~
User Dollar Amt $11,583.78
Computer Dollar Amt $11,583.78
$0.00 In Balance
UTILITY BILLING POSTAGE $130.87
UTILITY BILLING POSTAGE $130.86
Wells Fargo 10100 Total $261.73
Refer 51904 VERIZON WIRELESS (FIRE~FIN)
Cash Payment E 101-41500-321 Telephone & Cells $8.49
Invoice 051904 5/19/2004
Cash Payment E 222-42260-321 Telephone & Cells $8.49
Invoice 051904 5/19/2004
Cash Payment E 101-41910-321 Telephone & Cells $52.15
Invoice 051904 5/19/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $69.13
Refer 51904 XCEL ENERGY
Cash Payment E 101-41910-381 Electdc Utilities 04-04#2245-301-939 $1,504.96
Invoice 051904-B 5/19/2004
Cash Payment E 101-43100-381 Electric Utilities
Invoice 051904-B 5/19/2004
Cash Payment E 601-49400-381 Electric Utilities
Invoice 051904-B 5/19/2004
Cash Payment E 602-49450-381 Electric Utilities
Invoice 051904-B 5/19/2004
Cash Payment E 101-43100-381 Electric Utilities
Invoice 051904-B 5/19/2004
Cash Payment E 601-49400-381 Electric Utilities
Invoice 051904-B 5/19/2004
Cash Payment E 101-42115-381 Electdc Utilities
Invoice 051904-B 5/19/2004
Cash Payment E 101-45200-381 Electdc Utilities
Invoice 051904-B 5/19/2004
Cash Payment E 602-49450-381 Electdc Utilities
Invoice 051904-B 5/19/2004
Transaction Date 5/18~2004
05-04-04 THRU 06-03-04 296-9058
05-04-04 THRU 06-03-04 751-3573
05-04-04 THRU 06-03-04 240-5244
Total
$213.45
$213.45
$213.44
$699.41
$4,935.71
$43.98
$334.45
$3,094.07
$11,252.92
04-04 #0864-508-832
04-04 #0864-508-832
04-04 #0864-508-832
04-04 ~0009-604-835
04-04 ~)217-606-329
04-04 ~O466-607-223
04-04 ~)047-005-229
04-04 #0018-802-634
Wells Fargo 10100
- 1440-
CITY OF MOUND
Fund gummary
101 GENERAL FUND
222 AREA FIRE SERVICES
601 WATER FUND
602 SEWER FUND
City of Mound 05/18/041:00 PM
Page 2
Payments
Current Period: May 2004
10100 Wells Fargo
$2,856.89
$8.49
$5,280.03
$3,438.37
$11,583.78
Pre-Written Check
Checks to be Generated by the Compute
Total
$0.00
$11,583.78
$11,583.78
C
-1441 -
CITY OF MOUND
Batch Name
052504SUE
Payments
City of Mound 05/19/04 1:43 PM
Page 1
Payments
Current Period: May 2004
User Dollar Amt $266,003.90
Computer Doflar Amt $268,003.90
$0.00 In Balance
Refer 52504 ALCOHOL AND TOBACCO TAX/TR
Cash Payment E 609-49750-438 Licenses and Taxes
Invoice 41-6005396 5/25/2004
Transaction Date 5/17/2004
07-01-04 THRU 06-30-05 LICENSE
$250.00
Wells Fargo 10100 Total $250.00
Refer 52504 ARCTIC GLACIER PREMIUM ICE
Cash Payment E 609-49750-255 Misc Merchandise For R ICE $95.76
Invoice 463413217 5/11/2004
Cash Payment E 609-49750-255 Misc Merchandise For R ICE $89.70
Invoice 463413908 5/11/2004
Transaction Date 5/13/2004 Wells Fargo 10100 Total $185.46
Refer 52504 BELLBOY CORPORATION
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,393.70
Invoice 29453700 5/10/2004
Cash Payment E 609-49750-251 Liquor For Resale CREDIT-FREIGHT -$11.00
Invoice 29427100 5/5/2004
Cash Payment E 609-49750-253 Wine For Resale WINE $120.96
Invoice 29401300 5/7/2004
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $423.60
Invoice 29444600 5/7/2004
Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE $53.25
Invoice 38373000 5/7/2004
Cash Payment E 609-49750-253 Wine For Resale WINE $342.00
Invoice 29473200 5/10/2004
Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE $93.04
Invoice 38397400 5/10/2004
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,923.70
Invoice 29510700 5/10/2004
Transaction Date 5/10/2004 Wells Fargo 10100 Total $4,339,25
Refer 52504 BFI OF MINNESOTA, INC.
Cash Payment E 222-42260-384 Refuse/Garbage Dispos 04-04 GARBAGE SERVICE $54.38
Invoice 052504 4/30/2004
Cash Payment E 222-42260-384 Refuse/Garbage Dispos 05-04 GARBAGE SERVICE $69.68
Invoice 052504 4/30/2004
Cash Payment E 101-42110-384 Refuse/Garbage Dispos 05-04 GARBAGE SERVICE $69,68
Invoice 052504 4/30/2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $193.74
Refer 52504
Cash Payment
Invoice 052504
Cash Payment
Invoice 052504
Cash Payment
Invoice 052504
BRISTOL, BRAD
R 101-32230 Plumbing Connection Permit REFUND METER APPLICATION $15.00
5/25/2004
R 601-37144 Sales of Meters & Reader REFUND METER APPLICATION $100.00
5/25/2004
G 101-20800 Due to Other Govemments REFUND METER APPLICATION $0.50
5/25/2004
Transaction Date 5/10/2004 Wells Fargo 10100 Total $115.50
- 1442-
nvoice 052504
X,...,..j 'l'ransaction Date
CITY OF MOUND
City of Mound
Payments
Current Period: May 2004
05/19/04 1:43 PM
Page 2
WINE
Wells Fargo
03-18-04 THRU 04-19-04 #543-000-053-000
03-18-04 THRU 04-19-04 #543-001-095-800
03-18-04 THRU 04-19-04 #543-001-853-000
03-18-04 THRU 04-19-04 #543-001-972-603
03-18-04 THRU 04-19-04 #543-001-972-603
03-18-04 THRU 04-19-04 #543-001-972-603
03-18-04 THRU 04-19-04 #543-004-818-801
Refer 52504 BURKE, JAMI
Cash Payment E 101-42110-431 Meeting Expense REIMBURSE MEAL $20.00
Invoice 052504 5/25/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $20.00
Refer 52504 CARQUEST OF NAVARRE
Cash Payment E 602-49450-404 Repairs/Maint Machinery FILTERS,ETC $37.43
Invoice N32281 5/13/2004 PO 18309
Cash Payment E 602-49450-220 Repair/Maint Supply AIR FILTERS $45.11
Invoice N32083 5/13/2004
Cash Payment E 101-43100-220 Repair/Maint Supply OIL FILTERS $8.23
Invoice N32269 5/13/2004
Cash Payment E 601.49400-220 RepaidMaint Supply OIL FILTERS $8.23
Invoice N32269 5/13/2004
Cash Payment E 602-49450-220 RepaidMaint Supply OIL FILTERS $8.24
Invoice N32269 5/13/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $107.24
Refer 52504 CA T AND FIDDLE BEVERAGE
Cash Payment E 609-49750-253 Wine For Resale $234.00
Invoice 38764 5/5/2004
Transaction Date 5/11/2004 10100 Total $234.00
Refer 52504 CENTERPOINT ENERGY (MINNEG
Cash Payment E 101-45200-383 Gas Utilities $141.45
Invoice 052504 5/25/2004
Cash Payment E 101.45200-383 Gas Utilities $288.26
Invoice 052504 5/25/2004
Cash Payment E 101-41910-383 Gas Utilities $534.75
Invoice 052504 5/25/2004
Cash Payment E 101.43100-383 Gas Utilities $153.60
Invoice 052504 5/25/2004
Cash Payment E 601-49400-383 Gas Utilities' $87.28
Invoice 052504 5/25/2004
Cash Payment E 602-49450-383 Gas Utilities $108.22
Invoice 052504 5/25/2004
Cash Payment E 609-49750-383 Gas Utilities $135.24
Invoice 052504 5/25/2004
TranSaction Date 5/11/2004 Wells Fargo 10100 Total $1,448.80
Refer 52504 CHAMPION AUTO
Cash Payment E 101-43100-220 RepaidMaint Supply 1/4 BALL $19.16
Invoice D257959 5/13/2004
Cash Payment E 101-45200-404 Repairs/Maint Machinery U-BOLT $36.28
Invoice D257922 5/13/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $55.44
Refer 52504 CITGO GASOLINE COMPANY
Cash Payment E 101-43100-212 Motor Fuels GASOLINE CHARGES $85.51
5/25/2004
5/11/2004 Wells Fargo 10100 Total $85.51
- 1443 -
CITY OF MOUND
City of Mound
Payments
05/19/04 1:43 PM
Page 3
Current Period: May 2004
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $276.80
Invoice 81347058 5/13/2004
Transaction Date 5/1712004 Wells Fargo 10100 Total $276.80
Refer 52504 COMPUTER CHEQUE
Cash Payment E 609-49750-400 Repairs & Maint Contract 04-04 CHECK VERIFICATION $54.50
Invoice 10685030404 5/1/2004
Transaction Date 5/1812004 Wells Fargo 10100 Total $54.50
Refer 52504 CONCEPT LANDSCAPING
Cash Payment E 401-43110-500 Capital Outlay (GENERA RETAINING WALLS $18,956.00
Invoice 1726 4/21/2004 PO 18382
Transaction Date 5/19/2004 Wells Fargo 10100 Total $18,956.00
Refer 52504 CONSTRUCTION BULLETIN
Cash Payment E 401-43104-300 Professional Srvs 03-15-04 LEGALADS $129.88
Invoice 2540622 5/14/2005
Transaction Date 5/17/2004 Wells Fargo 10100 Total $129.88
Refer 52504 COPY IMAGES, INCORPORATED
Cash Payment E 101-41910-400 Repairs & Maint Contract 04-04 COPY MAINTENANCE $340.80
Invoice 47628 5/7/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $340.80
Refer 52504 CRETE WORKS, INCORPORATED
Cash Payment E 601-49400-440 Other Contractual Servic SIDEWALK & CURB WORK $10,248.00
Invoice 052504 5/11/2004
Transaction Date 5/13/2004 Wells Fargo 10100 Total $10,248.00
Refer 52504 DAVIES WATER EQUIPMENT
Cash Payment E 601-49400-220 Repair/Maint Supply METERS $1,001.66
Invoice 3223154 4/29/2004 PO 18304
Transaction Date 5/11/2004 Wells Fargo 10100 Total $1,001.66
Refer 52504 DA VIS AND STANTON
Cash Payment E 101-42110-431 Meeting Expense COMMENDATION BARS $492.00
Invoice 07375 4/13/2004 PO 18348
Transaction Date 5/18/2004 Wells Fargo 10100 Total $492.00
Refer 52504 DA Y DISTRIBUTING COMPANY
Cash Payment E 609-49750-252 Beer For Resale BEER $1,667.10
Invoice 264191 5/11/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $16.90
Invoice 264192 5/11/2004
Cash Payment E 609-49750-252 Beer For Resale CREDIT-BEER -$46.48
Invoice 40866 5/11/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $2,348.80
invoice 265134 5/11/2004
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $16.90
Invoice 265140 5/11/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $4,003.22
Refer 52504 DEL PLACEMENT AGENCY, INCOR
Cash Payment E 609-49750-340 Advertising 04-24-04 WINE POURING $100.00
Invoice 5002 5/11/2004 --
- 1444-
CITY OF MOUND
City of Mound 05/19/041:43 PM
Page 4
Payments
Transaction Date 5/17/2004 Wells Fargo 10100
Refer 52504
DOCKMASTERS OF LAKE MINNET
E 281-45210-440 Other Contractual Servic DOCK SECTIONS
5/4/2005
E 281-45210-220 Repair/Maint Supply DOCK SECTIONS
5/4/2005
5/18/2004 Wells Fargo
Current Period: May 2004
Total $100.00
$3,082.00
$753.01
Cash Payment
Invoice 200629
Cash Payment
Invoice 200629
Transaction Date
10100 Total $3,835.01
Refer 52504 DYNAMEX DELIVERS NOW
Cash Payment E 401-46377-300 Professional Srvs DELIVERIES $89.14
Invoice 1007170 5/6/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $89.14
Refer 52504 EAST SIDE BEVERAGE
Cash Payment E 609-49750-252 Beer For Resale BEER $3,815.95
Invoice 222706 5/10/2004
Cash Payment E 609-49750-253 Wine For Resale BEER $2,770.60
Invoice 222810 5/10/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $6,586.55
Refer 52504 EMERGENCY APPARA TUS MAINT
Cash Payment E 222-42260-409 Other Equipment Repair TANKER 11 REPAIRS $479.00
Invoice 18092 5/6/2004
~,...~"Transaction Date 5/19/2004 Wells Fargo 10100 Total $479.00
Refer 52504 EVERGREEN LAND SERVICES
Cash Payment G 101-22989 MHR Spot Appraisals MHR SPOT APPRAISALS $375.00
Invoice 00-6283 5/4/2003
Transaction Date 5/11/2004 Wells Fargo 10100 Total $375.00
Refer 52504 FINE WINES FROM EURPOE
Cash Payment E 609-49750-253 Wine For Resale WINE $631.25
Invoice 11517 5/3/2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $631.25
Refer 52504 FRONTIER/CITIZENS COMMUNICA
Cash Payment E 101-42400-321 Telephone & Cells 05-04 472-0646 $19,58
Invoice 052504 5/25/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $19.58
Refer 52504 FRONTLINE PLUS FIRE AND RESC
Cash Payment E 222-42260-210 Operating Supplies WHELEN LIGHTS $374.88
Invoice 9061 5/4/2004 PO 18073
Transaction Date 5/19/2004 Wells Fargo 10100 Total $374.88
Refer 52504 G & K SERVICES
Cash Payment E 101-43100-218 Clothing and Uniforms
Invoice 6897955 4/20/2004
Cash Payment E 601-49400-218 Clothing and Uniforms
Invoice 6897955 4/20/2004
CCash Payment E 602-49450-218 Clothing and Uniforms
invoice 6897955 4/20/2004
Cash Payment E 101-43100-230 Shop Materials
Invoice 6897955 4/20/2004
04-20-04 UNIFORMS $30.23
04-20-04 UNIFORMS $30.23
04-20-04 UNIFORMS $30.22
04-20-04 MATS $24.13
- 1445-
City of Mound 05/19/04 1:43 PM
~Jf~'~ Page5
Payments
/
CITY OF MOUND
Current Period: May 2004
Cash Payment E 601-49400-230 Shop Materials 04-20-04 MATS $24.13
Invoice 6897955 4/20/2004
Cash Payment E 602-49450-230 Shop Materials 04-20-04 MATS $24.13
Invoice 6897955 4/20/2004
Cash Payment E 101-45200-223 Building Repair Supplies 04-27-04 MATS $52.39
Invoice 6104581 4/20/2004
Cash Payment E 101-41910-460 JanitoriaIServices 04-27-04 MATS $97.01
Invoice 6104582 4/20/2004
Cash Payment E 609-49750-460 Janitorial Services 04-27-04 MATS $28.30
Invoice 6104579 4/20/2004
Cash Payment E 101-42110-460 Janitorial Services 04-27-04 MATS $38.55
Invoice 6104570 4/20/2004
Cash Payment E 222-42260-216 Cleaning Supplies 04-27-04 MATS $67,56
Invoice 6104569 4/20/2004
Cash Payment E 101-43100-218 Clothing and Uniforms 04-17-04 UNIFORMS $36.37
Invoice 6104580 4/20/2004
Cash Payment E 601-49400-218 Clothing and Uniforms 04-17-04 UNIFORMS $36.37
Invoice 610480 4/20/2004
Cash Payment E 602-49450-218 Clothing and Uniforms 04-17-04 UNIFORMS $36.38
Invoice 610580 4/20/2004
Cash Payment E 101-43100-230 Shop Materials 04-17-04 MATS $23,15
Invoice 6104580 4/20/2004
Cash Payment E 601-49400-230 Shop Materials 04-17-04 MATS $23.15
Invoice 6104580 4/20/2004
Cash Payment E 602-49450-230 Shop Materials 04-17-04 MATS $23.15
Invoice 6104580 4/20/2004
Cash Payment E 101-45200-223 Building Repair Supplies 05-11-04 MATS $114.01
Invoice 6117618 4/20/2004
Cash Payment E 101-41910-460 Janitorial Services 05-11-04 MATS $75.03
Invoice 6117619 4/20/2004
Cash Payment E 609-49750-460 Janitorial Services 05-11-04 MATS $39,14
invoice 6117616 4/20/2004
Cash Payment E 101-42110-460 Janitorial Services 05-11-04 MATS $38,55
Invoice 6117607 4/20/2004
Cash Payment E 101-43100-218 Clothing and Uniforms 05-04-04 UNIFORMS $26.92
Invoice 6111123 4/20/2004
Cash Payment E 601-49400-218 Clothing and Uniforms 05-04-04 UNIFORMS $26.92
Invoice 6111123 4/20/2004
Cash Payment E 602-49450-218 Clothing and Uniforms 05-04-04 UNIFORMS $26.92
Invoice 6111123 4/20/2004
Cash Payment E 101-43100-230 Shop Materials 05-04-04 MATS $26.75
Invoice 6111123 4/20/2004
Cash Payment E 601-49400-230 Shop Materials 05-04-04 MATS $26.75
Invoice 6111123 4/20/2004
Cash Payment E 602-49450-230 Shop Materials 05-04-04 MATS $26.75
Invoice 6111123 4/20/2004
Cash Payment E 101-43100-218 Clothing and Uniforms 05-11-04 UNIFORMS $31.81
Invoice 6117617 4/20/2004
Cash Payment E 601-49400-218 Clothing and Uniforms 05-11-04 UNIFORMS $31.81
Invoice 6117617 4/20/2004
- 1446-
C
CITY OF MOUND
City of Mound 05/19/04 1:43 PM
Page 6
Payments
Current Period: May 2004
Cash Payment E 602-49450-218 Clothing and Uniforms 05-11-04 UNIFORMS $31.81
Invoice 6117617 4/20/2004
Cash Payment E 101-43100-230 Shop Materials 05-11-04 MATS $24.03
Invoice 6117617 4/20/2004
Cash Payment E 601-49400-230 Shop Materials 05-11-04 MATS $24.03
Invoice 6117617 4/20/2004
Cash Payment E 602-49450-230 Shop Materials 05-11-04 MATS $24.03
Invoice 6117617 4/20/2004
Cash Payment E 222-42260-210 Operating Supplies 05-11-04 MATS $94.06
Invoice 6117606 4/20/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $1,314.77
Refer 52504 GAMETIME
Cash Payment E 101-45200-221 Equipment Parts SLIDE SECTION $870.93
Invoice 702564 5/7/2004 PO 18203
Transaction Date 5/18/2004 Wells Fargo 10100 Total $870.93
Refer 52504 GARY'S DIESEL SERVICE
Cash Payment E 101-43100-404 Repairs/Maint Machinery REPAIR CLUTCH $1,242.17
Invoice 63235 4/8/2004
Cash Payment E 101-43100-404 Repairs/Maint Machinery ADJUST CLUTH $245.84
Invoice 63156 4/8/2004
' Transaction Date 5/17/2004 Wells Fargo 10100 Total $1,488.01
Cash Payment E 609-49750-253 Wine For Resale WINE $582.12
Invoice 884783 5/5/2004
Cash Payment E 609-49750-253 Wine For Resale WINE $625.13
Invoice 884784 5/5/2004
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,955.91
Invoice 887986 5/5/2004
Cash Payment E 609-49750-253 Wine For Resale WINE $485.50
Invoice 887987 5/5/2004
Cash Payment E 609-49750-253 Wine For Resale WINE $157.15
Invoice 887988 5~5~2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $5,805.81
Refer 52504 HANSSEN, LEANN
Cash Payment G 101-22858 5200 Waterbury Road, Beyre CLOSE ESCROW $382.30
Invoice 052504 5/25/2004
Transaction Date 5/14/2004 Wells Fargo 10100 Total $382.30
Refer 52504 HATCH, JIM SALES COMPAY
Cash Payment E 101-43100-404 Repairs/Maint Machinery ROLLER LIGHTS $202.46
Invoice 5904 5/4/2004 PQ 18291
Transaction Date 5/11/2004 Wells Fargo 10100 Total $202.46
Refer 52504 HAWKINS, INCORPORATED
Cash Payment E 601-49400-227 Chemicals CONTAINERS (6) $30.00
Invoice DM102652 4/30/2004
C
~-ransaction Date 5/17/2004 Wells Fargo 10100 Total $30.00
Refer 52504 HECKSEL MACHINE SHOP
- 1447-
City of Mound 05/19/041:43 PM
//.~"~'~'"" Page 7
~ Payments
CITY OF MOUND
Current Period: May 2004
Cash Payment E 101-43100-404 Repairs/Maint Machinery HOSE FOR SWEEPER $34.51
Invoice 50558 4/5/2004
Cash Payment E 101-45200-404 Repairs/Maint Machinery SKATE BOARD PARKS $58.96
Invoice 50564 4/5/2004
Cash Payment E 101-45200-404 Repairs/Maint Machinery SKATE BOARD PARKS $25.00
Invoice 50559 4/5/2004
Cash Payment E 101-45200-404 Repairs/Maint Machinery 4" PIPE $61.34
Invoice 50560 4/5/2004
Cash Payment E 101-43100-221 Equipment Parts TRAILER HITCH $8.38
Invoice 50558 4/5/2004
Cash Payment E 601-49400-221 Equipment Parts TRAILER HITCH $8.38
Invoice 50558 4/5/2004
Cash Payment E 602-49450-221 Equipment Parts TRAILER HITCH $8.37
Invoice 50558 4/5/2004
Cash Payment E 101-45200-404 Repairs/Maint Machinery SKATE BOARD PARK $6.39
Invoice 50561 4/5/2004
Transaction Date 5/13/2004 Wells Fargo 10100 Total $211.33
Refer 52504 HENNEPIN COUNTY INFORMATIO
Cash Payment E 101-42110-418 Other Rentals 04-04 RADIO LEASE $1,323.44
Invoice 24048024 4/30/2004
Cash Payment E 222-42260-418 Other Rentals 04-04 RADIO LEASE $1,002.96
Invoice 24048023 4/30/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $2,326.40
Refer 52504 HENNEPIN COUNTY MEDICAL CE
Cash Payment E 101-42110-434 Conference & Training EMT COURSE,MURRAY $264.00
Invoice 10781 5/3/2004 PO 18360
Transaction Date 5/18/2004 Wells Fargo 10100 Total $264.00
Refer 52504 HOHENSTEINS, INCORPORATED
Cash Payment E 609-49750-252 Beer For Resale BEER $199.00
Invoice 331367 5/17/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $199.00
Refer 52504 HOISINGTON KOEGLER GROUP, I
Cash Payment E 401-46540-300 Professional Srvs 04-04 LOST LAKE GREENWAY $6,396.76
Invoice 051104-A 5/11/2004
Cash Payment E 401-46377-300 Professional Srvs 04-04 CTY RD 15 STREETSCAPE $4,332.93
Invoice 051104-B 5/11/2004
Cash Payment E 101-42400-300 Professional Srvs 04-04 MISC PLANNING $1,401.25
Invoice 051104-C 5/11/2004
Cash Payment G 101-22978 4520 Denbigh #04-03 Olson, 04-04 4520 DENBIGH RD, OLSON $85.00
Invoice 051104-D1 5/11/2004
Cash Payment G 101-22983 1749 Bluebird Ln #04-08 Hen 04-04 1749 BLUEBIRD LANE VARIANCE $170.00
Invoice 051104-D2 5/11/2004
Cash Payment G 101-22984 1717 Finch Ln #04-09 Bowm 04-04 1717 FINCH LANE VARIANCE $212.50
Invoice 051104-D3 5/11/2004
Cash Payment E 455-46377-300 Professional Srvs 04-04 MOUND VISIONS $8,943.23
Invoice 051104-E 5/11/2004
Cash Payment E 455-46377-300 Professional Srvs 04-04 TIF RELATED WORK . $725.00
Invoice 051104-F 5/11/2004
- 1448-
City of Mound 05/19/04 1:43 PM
///' ~ Page 8
~ ,~ Payments
CITY OF MOUND
Current Period: May 2004
Cash Payment G 101-22994 MHR Alternative Urban Area 04-04 AUAR $170.00
Invoice 051104-G 5/11/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $22,436.67
Refer 52504 JAKUBIK, MATTHEW
Cash Payment E 222-42260-210 Operating Supplies REIMBURSE TRAILER ITEMS $197.92
Invoice 052504 5/25/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $197.92
Refer 52504 JESSEN PRESS INCORPORATED
Cash Payment E 101-41110-300 Professional Srvs SUMMER 2004 NEWSLETTERS - $1,516.56
Invoice 49294 5/11/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $1,516.56
Refer 52504 JOHNSON BROTHERS LIQUOR
Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$11.96
Invoice 249318 4/21/2004
Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$7.61
Invoice 249119 4/20/2004
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,294.50
Invoice 1718978 4/21/2004
Cash Payment E 609-49750-253 Wine For Resale WINE $363.85
~-.,51nvoice 1718979 4/21/2004
.7,as h Payment
~,,..~, E 609-49750-253 Wine For Resale WINE
$182.00
Invoice 1718980 4/21/2004
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $449.26
Invoice 1718981 4/21/2004
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $484.96
Invoice 1722342 4/21/2004
Cash Payment E 609-49750-253 Wine For Resale WINE $223.34
Invoice 1722343 4/21/2004
Cash Payment E 609.49750-253 Wine For Resale WINE $145.45
Invoice 1722344 4/21/2004
Cash Payment E 609.49750-251 Liquor For Resale LIQUOR $407.85
Invoice 1722704 4/21/2004
Transaction Date 5/10/2004 Wells Fargo 10100 Total $4,531.64
Refer ~2~ ~U~Ii_~E~oDs
Cash Payment E 670-49500.460 Janitorial Services 05-15-04 CLEAN UP DAY $36,99
Invoice 052504 5/14/2004
Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $20.35
Invoice 052504 5/14/2004
Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $36.93
Invoice 052504 5/14/2004
Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $3.69
Invoice 052504 5/14/2004
Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $33.24
Invoice 052504 5/14/2004
~,,-%'[ransaction Date 5/17/2004 , Wells Fargo 10100 Total $131 20
~..~..~,P, efer 52504 LAFORTUNE, RENE
Cash Payment R 101-34110 Depot Rental REFUND DEPOT FEE $75.00
Invoice 052504 5/25/2004
- 1449 -
CiTY OF MOUND
Transaction Date 5/17/2004
City of Mound 05/19/041:43 PM
Page 9
Payments
Current Period: May 2004
Wells Fargo 10100 Total $75.00
Refer 52504 LAKER NEWSPAPER
Cash Payment E 601-49400-381 Electric Utilities DRINKING WATER REPORT $304.47
Invoice 115 5/8/2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $304.47
Refer 52504 LANO EQUIPMENT, INCORPORAT
Cash Payment E 101-45200-500 Capital Outlay (GENERA RUBBER TRACKS,TIRES,WHEELS $9,052.50
Invoice 6189 2/20/2004 PO 18187
Transaction Date 5/13/2004 Wells Fargo 10100 Total $9,052.50
Refer 52504 LAWSON PRODUCTS,/NC
Cash Payment E 101-43100-230 Shop Materials DUCTTAPE $26.99
Invoice 2017829 5/11/2004
Cash Payment E 601-49400-230 Shop Materials DUCT TAPE $26.99
Invoice 2017829 5/11/2004
Cash Payment E 602-49450-230 Shop Materials DUCT TAPE $26.98
Invoice 2017829 5/11/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $80.96
Refer 52504 MADDEN, FRANK AND ASSOCIA T
Cash Payment E 101-49999-300 Professional Srvs 04-04 PROFESSIONAL SERVICES $1,164.80
Invoice 052504 5/1/2004
Transaction Date 5/10/2004 Wells Fargo 10100 Total $1,164.80
Refer 52504 MAPLE PLAIN AUTO BODY
Cash Payment E 601-49400-404 Repairs/Maint Machinery SANDBLAST COAT $479.00
Invoice 0001235 5/25/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $479.00
Refer 52504
MARK VII DISTRIBUTOR
Cash Payment E 609-49750-252 Beer For Resale BEER $2,068.50
Invoice 665583 5/11/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $75.00
Invoice 665584 5/11/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $1,299.95
Invoice 668198 5/11/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $32.00
Invoice 338199 5/11/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $45.00
Invoice 668200 5/11/2004
Transaction Date 5/13/2004 Wells Fargo 10100 Total $3,520.45
Refer 52504 MATTHEWS, DAVE LANDSCAP/NG
Cash Payment E 601-49400-440 Other Contractual Servic PRE/INSTALL SOD & SEED $637.00
Invoice 287660 5/25/2004
Cash Payment E 602-49450-440 Other Contractual Servic PRE/INSTALL SOD & SEED $637,00
Invoice 287660 512512004
Transaction Date 5/13/2004 Wells Fargo 10100 Total $1,274.00
Refer 52504 MCCOMBS FRANK ROOS ASSOCI
Cash Payment E 101-42400-300 Professional Srvs 04-04 MISC BLDG ENGINEERING $477.00
Invoice 47388 5/1/2004 Project 08901
- 1450-
CITY OF MOUND
Cash Payment
Invoice 47389
Cash Payment
Invoice 47390-A
Cash Payment
Invoice 47390-B
Cash Payment
Invoice 47391
Cash Payment
Invoice 47392
Cash Payment
Invoice 47393
Cash Payment
Invoice 47394
Cash Payment
Invoice 47395
Cash Payment
Invoice 47396
Cash Payment
Invoice 47397
Cash Payment
lnvoice 47398
~..~. Cash Payment
Invoice 47399
Cash Payment
Invoice 47400
Cash Payment
Invoice 47401
Cash Payment
Invoice 47402
Cash Payment
Invoice 47403
Cash Payment
Invoice 47404
Cash Payment
Invoice 47405
Cash Payment
Invoice 47406
Cash Payment
Invoice 47407
Cash Payment
Invoice 47408
Cash Payment
Invoice 47409
Cash Payment
Invoice 47410
cCash Payment
!nvoice 47411
Cash Payment
Invoice 47412
City of Mound 05/19/04 1:43 PM
Page 10
Payments
Current Period: May 2004
04-04 MISC STREET ENGINEERING
Project 08903
04-04 MISC WATER ENGINEERING
Project 08904
04-04 MISC SEWER ENGINEERING
Project 08904
04-04 STORM SEWER PROJECT
Project 10293
04-04 CTY RD 15 REALIGNMENT
Project 12533
E 101-43100-300 Professional Srvs
5/1/2004
E 601-49400-300 Professional Srvs
5/1/2004
E 602-49450-300 Professional Srvs
5/1/2004
E 675-49425-300 Professional Srvs
5/1/2004
E 401-46377-300 Professional Srvs
5/1/2004
G 101-22854 Langdon Bay Major Sub-Divi 04-04 LANGDON BAY DEVELOPMENT
5/1/2004 Project 12754
E 455-43255-300 Professional Srvs 04-04 MCES LIFT STATION
5/1/2004 Project 13132
E 401-43100-300 Professional Srvs 04-04 WESTEDGE EXTENSION
5/1/2004 Project 13142
E 281-45210-300 Professional Srvs 04-04 DOCK LOCATION MAP
5/1/2004 Project 13223
G 601-16300 Improvements Other Than BI 04-04 WELL/PUMPHOUSE
5/1/2004 Project 13313
E 455-46380-300 Professional Srvs 04-04 LONGPRE DEMOLITION
5/1/2004 Project 13314
E 401-46540-300 Professional Srvs 04-04 LOST LAKE GREENWAY
5/1/2004 Project 13566
G 101-22855 MetroPlains Develop 00-64 04-04 METRO PLAINS DEVELOPMENT
5/1/2004 Project 13646
E 601.49400-300 Prefessional Srvs 04-04 WATERMAIN REPLACEMENT
5/1/2004 Project 13681
G 101-22899 Pastuck Natural Homes #02- 04-04 PASTUCK SUB-DIVISION
5/1/2004
E 401-46540-300 Professional Srvs
5/1/2004
E 101-42400-300 Professional Srvs
5/1/2004
G 101-22931 2241 Southview Ln,03-10 W
5/1/2004
E 401-43104-300 Professional Srvs
5/1/2004
Project 13770
04-04 2003 STREET RECONSTRUCTION.
Project 14121
04-04 NPDES PHASE II MS4 PERMITTING
Project 14137
04-04 2241 SOUTHVIEW #03-10
Project 14275
04-04 2004 STREET RECONSTRUCTION
Project 14615
G 101-22969 5853 Fairfield #03-48 Platting 04-04 5853 FIARFIELD 03-48
5/1/2004 Project 14626
E 402-43120-300 Professional Srvs 04-04 2004 MSA ADMINISTRATION
5/112004 Project 14673
E 401-43100-300 Professional Srvs 04-04 2004 RETAINING WALL REPLACEMENT
5/1/2004 Project 14707
G 101-22981 2163 Fairview #04-06 Varian 04-04 FAIRVIEW 04-06
5/1/2004 Project 14735
G 101-22988 Heritage Point Trailer Court 04-04 6639 BARTLETT,TRAILER COURT
5/1/2004 Project 14755
G 101-22979 1599 Bluebird Lane Vacation 04-04 1599 BLUEBIRD LANE #04-04
5/1/2004 Project 14791
$53.00
$449.50
$449.50
$675.00
$1,749. O0
$106.00
$371.00
$53.00
$511.00
$3,795.50
$265.00
$8,754.30
$339.00
$438.00
$159.00
$252.00
$29.39
$106.00
$8,982.20
$53.OO
$734.O0
$1,171.80
$106,00
$582.50
$53.O0
-1451 -
CITY OF MOUND
Transaction Date 5/18/2004
City of Mound
Payments
05/19/04 1:43 PM
Page 11
Current Period: May 2004
Wells Fargo 10100 Total $30,714.69
Refer 52504 METROPOLITAN COUNCIL ENVIR
Cash payment E 602-49450-388 Waste DisposaI-MCIS 06-04 WASTEWATER $31,172.87
Invoice 774164 5/7/2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $31,172.87
Refer 52504 MINNEHAHA BUILDING MAINTENA
Cash Payment E 609-49750-401 Repairs/Maint Buildings 04-26-04WASH WINDOWS $37.28
Invoice 59003993 5/9/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $37.28
Refer 52504 MINNESOTA DEPT OF HEALTH
Cash Payment E 601-49400-433 Dues and Subscdptio;3s CLASS C RENEWAL SKINNER $23.00
Invoice 052504 5/25/2004 PO 18310
Transaction Date 5/17/2004 Wells Fargo 10100 Total $23.00
Refer 52504 MINNESOTA ROADWAYS COMPA
Cash Payment E 101-43100-224 Street Maint Materials ASPHALT EMULSION $217.26
Invoice 45300 5/14/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $217.26
Refer 52504 MINNESOTA VALLEY TESTING LA
Cash Payment E 601-49400-440 Other Contractual Servic BOD CARBONACEOUS $1,562.50
Invoice 210061 4/30/2004
Transaction Date 5/13/2004 Wells Fargo 10100 Total $1,562.50
Refer 52504 MORRELL AND MORRELL, INCOR
Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $1,716.26
Invoice 7268 5/17/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $1,716.26
Refer 52504 MOUND CRIME PREVENTION
Cash Payment E 609-49750-340 Advertising CORPORATE HOLE SPONSOR DARE OPEN $750.00
Invoice 052504 5/25/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $750.00
Refer 52504 MOUND MARKETPLACE LLC
Cash Payment E 609-49750-412 Building Rentals 06-04 COMMON SPACE $735.25
Invoice 052504 5/25/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $735.25
Refer 52504 MOUND, CITY OF
Cash Payment E 222-42260-418 Other Rentals 2004 DOCK FEE $257.50
Invoice 052504 5/25/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $257.50
Refer 52504 MUELLER, WILLIAM AND SONS
Cash Payment E 101-43100-224 Street Maint Materials 04-29-04 BLACKTOP $153.66
Invoice 90733 4/29/2004
Cash Payment E 601-49400-224 Street Maint Materials 04-29-04 BLACKTOP $252.19
Invoice 90733 4/29/2004
Cash Payment E 101-43100-224 Street Maint Materials 04-26-04 BLACKTOP $60.82
Invoice 90542 4/29/2004
- 1452-
C
City of Mound 05/19/041:43 PM
Page 12
Payments
CITY OF MOUND
Current Period: May 2004
Cash Payment E 601-49400-224 Street Maint Materials 04-26-04 BLACKTOP $122.04
Invoice 90542 4/29/2004
Cash Payment E 101-43100-224 Street Maint Materials 04-30-04 BLACKTOP $61.45
Invoice 90803 4/29/2004
Cash Payment E 601-49400-224 Street Maint Materials 04-30-04 BLACKTOP $352.88
invoice 90803 4/29/2004
Cash Payment E 101-43100-224 Street Maint Materials 04-30-04 BLACKTOP $46.85
Invoice 90871 4/29/2004
Cash Payment E 601-49400-224 Street Maint Materials 04-30-04 BLACKTOP $88.07
Invoice 60871 4/29/2004
Cash Payment E 101-43100-224 Street Maint Materials 04-16-04 BLACKTOP $203.93
Invoice 90206 4/29/2004
Cash Payment E 601-49400-224 Street Maint Materials 04-16-04 BLACKTOP $141.09
Invoice 901206 4/29/2004
Transaction Date 5/13/2004 Wells Fargo 10100 Total $1,482.98
Refer 52504 NASH SALES, INCORPORATED
Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $200.00
Invoice 0002052-1N 5/14/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $200.00
Refer 52504 NATIONAL WATERWORKS
Cash Payment E 601-49400-220 Repair/Maint MISCELLANEOUS SUPPLIES
Supply
$458.90
~k,,.~, Invoice 1245304 4/29/2004 PO 18377
Transaction Date 5/13/2004 Wells Fargo 10100 Total $458.90
Refer 52504 NORTHERN TOOL AND EQUIPMEN
Cash Payment E 101-43100-220 Repair/Maint Supply BOLT ON SWIVEL $29.81
Invoice 1159 5/10/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $29.81
Refer 52504 NRG PROCESSING SOLLUTIONS L
Cash Payment E 670-49500-460 Janitorial Services 03-04 LEAVE/BRUSH $12,500.00
Invoice 3217 5/5/2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $12,500.00
Refer 52504 ONE CALL CONCEPTS, INCORPO
Cash Payment E 601-49400-395 Gopher One-Call 04-04 LOCATES $162.15
Invoice 4040556 4/30/2004
Cash Payment E 602-49450-395 Gopher One-Call 04-04 LOCATES $162.15
Invoice 4040556 4~30~2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $324.30
Refer 52504 PALM, GREG
Cash Payment E 222-42260-210 Operating Supplies REIMBURSE EXPENSES $334.34
Invoice 052504 5/25/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $334.34
Refer 52504 PA TCHIN MESSNER AND DODD
Cash Payment G 101-22908 Mound Harbor Renaissance 5555 SHORELINE DRIVE APPRAISAL $4,500.00
nvoice 20413-5 5/2/2004
,~ransaction Date 5/18/2004 Wells Fargo 10100 Total $4,500.00
Refer 52504 PAUSTIS AND SONS WINE COMPA
- 1453-
City of Mound 05/19/04 1:43 PM
,~,t~- ~ ~ Page 13
/× Payments
_.~
CiTY OF MOUND
Current Period: May 2004
Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$294.50
Invoice 8035517 5~6~2004
Cash Payment E 609-49750-253 Wine For Resale WINE $760,71
Invoice 8035724 5/6/2004
Cash Payment E 609-49750-253 Wine For Resale CREDIT--WINE -$60.00
Invoice 8036135 5/6/2004
Cash Payment E 609-49750-253 Wine For Resale WINE -$23,74
Invoice 8036423 5~6~2004
Cash Payment E 609-49750-253 Wine For Resale WINE $425.74
Invoice 8036290 5~6~2004
Transaction Date 5/10/2004 Wells Fargo 10100 Total $808.21
Refer 52504 PEDERSON, GREG
Cash Payment E 222-42260-210 Operating Supplies STORAGE SHELVING $191.32
Invoice 052504 5/25/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $191.32
Refer 52504 PEPSI-COLA COMPANY
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $116.60
Invoice 59531623 5/12/2004
Transacti°n Date 5/13/2004 Wells Fargo 10100 Total $116.60
Refer 52504 PHILLIF~S WINE AND SPIRITS,/NC
Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$4 85
Invoice 3297502 4/22/2004
Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$10.32
Invoice 3297501 4/22/2004
Cash Payment E 609-49750-253 Wine For Resale WiNE $1,103.60
Invoice 2067849 4/22/2004
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $4,143.70
Invoice 2070455 4/22/2004
Cash Payment E 609-49750-253 Wine For Resale WINE $997.90
Invoice 2070456 4/22/2004
Cash Payment E 609-49750-253 Wine For Resale WINE $33.75
Invoice 2070457 4/22/2004
Transaction Date 5/10/2004 Wells Fargo 10100 Total $6,263.78
Refer 52504 PINNACLE DISTRIBUTING
Cash Payment E 609-49750-255 Misc Merchandise For R CIGARE'I-I'ES $598.75
Invoice 40543 5/11/2004
Transaction Date 5/13/2004 Wells Fargo 10100 Total $598,75
Refer 52504 PROTECTION ONE
Cash Payment E 101-43100-440 Other Contractual Servic SERVICE CALL $37.28
Invoice 052504 5/25/2004
Cash Payment E 601-49400-440 Other Contractual Servic SERVICE CALL $37.28
Invoice 052504 5/25/2004
Cash Payment E 602-49450-440 Other Contractual Servic SERVICE CALL $37.27
Invoice 052504 5/25/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $111.83
Refer 52504 QUALITY WINE AND SPIRITS
- 1454-
C
CITY OF MOUND
City of Mound
Payments
05/19/04 1:43 PM
Page 14
Current Period: May 2004
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR
Invoice 401414-00 5/5/2004
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX
Invoice 401415-00 5/5/2004
Cash Payment E 609-49750-253 Wine For Resale WINE
Invoice 401269-00 5/5/2004
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX
Invoice 404090-00 5/5/2004
Cash Payment E 609-49750-253 Wine For Resale
Invoice 403873-00 5/5/2004
Cash Payment E 609-49750-251 Liquor For Resale
Invoice 404089-00 5/5/2004
Transaction Date 5/11/2004
10100 Total
WINE
LIQUOR
Wells Fargo
$1,471.40
$28.63
$310.81
$91.77
$418.03
$280.66
$2,601.30
Refer 52504 R.C. ELECTRIC, INCORPORATED
Cash Payment E 101-41910-401 Repairs/Maint Buildings REPLACE BALLAST $t14.12
Invoice 052504 5/13/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $114.12
Refer 52504 REYNOLDS WELDING SUPPLY CO
Cash Payment E 222-42260-219 Safety supplies AIR AND OXYGEN $21.73
Invoice R04041059 4/30/2004
CTransactionDate5/19/2004 Wells 10100 Total
Fargo
$21
Refer 52504 RIDGEVIEW MEDICAL, WACONIA
Cash Payment E 222-42260-305 Medical Services HEALTH ASSESSMENTS (3) $1,393.50
Invoice 052504 5/25/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $1,393.50
Refer 52504 RS MECHANICAL SERVICES, INCO
Cash Payment R 101-32210 Building Permits REFUND PERMIT FEE $40.00
Invoice 052504 5/25/2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $40.00'
Cash Payment E 101-43100-300 Professional Srvs ANNUAL SAFETY TRAINING $983,33
Invoice 1-C 5/3/2004
Cash Payment E 601-49400-300 Professional Srvs ANNUAL SAFETY TRAINING $983.33
Invoice 1-C 5/3/2004
Cash Payment E 602-49450-300 Professional Srvs ANNUAL SAFETY TRAINING $983.34
Invoice 1-C 5/3/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $2,950.00
Cash Payment E 222-42260-325 Pagers-Fire Dept. 05-04 PAGERS $94.97
Invoice 20233305042 5/1/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $94,97
Refer 52504 SCHARBER AND SONS
Cash Payment E 101-45200-409 Other Equipment Repair OIL FILTERS,FILTER ELEMENTS,ETC $64.07
nvoice 02~2039474 5/12/2004
~,,..~,fransaction Date 5/13/2004 Wells Fargo 10100 Total
- 1455-
CITY OF MOUND
City of Mound
Payments
05/19/04 1:43 PM
Page 15
Current Period: May 2004
Cash Payment E 281-45210-533 Tree Removal 4879 BARTLETT $894.00
Invoice 4999 5/10/2004
Cash Payment E 101-45200-533 Tree Removal 3011 HIGHLAND ROAD $852.00
Invoice 5006 5/10/2004
Cash Payment E 281-45210-533 Tree Removal DOVE COMMONS $426.00
Invoice 5008 5/10/2004
Cash Payment E 101-45200-533 Tree Removal SCHERVEN PARK $1,171.50
Invoice 5007 5/10/2004
Cash Payment E 101-45200-533 Tree Removal 2903 CAMBRIDGE $639.00
invoice 5019 5/10/2004
Transaction Date 5/18/2004 Wells Fargo 10100 Total $3,982.50
Refer 52504 SOUTHERN POLICE INSTITUTE
Cash Payment E 101-42110-434 Conference & Training REGISTRATION,BURKE $595.00
Invoice 29-14 4/26/2004 PO 18355
Transaction Date 5/17/2004 Wells Fargo 10100 Total $595.00
Refer 52504 STERNE ELECTRIC COMPANY
Cash Payment E 602-49450-500 Capital Outlay (GENERA ENTRANCE BODY,ETC $774.38
Invoice 8251 4/2/2004
Cash Payment E 602-49450-500 Capital Outlay (GENERA LIFT STATIONS $522.50
Invoice 8258 4/2/2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $1,296.88
Refer 52504 STS CONSULTANTS
Cash Payment E 101-42400~300 Professional Srvs THRU 03-31-04 MAXWELL PROPERTY $8,384.50
invoice 255785 4/26/2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $8,384.50
Refer 52504 THORPE DISTRIBUTING COMPAN
Cash Payment E 609-49750-252 Beer For Resale BEER $238.00
Invoice 32184 5/10/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $30.15
Invoice 333472 5/10/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $8,691.45
Invoice 333883 5/10/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $174.45
Invoice 333882 5/10/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $242.00
Invoice 32271 5/10/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $718.90
Invoice 333884 5/10/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $1,661.00
Invoice 334599 5/10/2004
Cash Payment E 609-49750-252 Beer For Resale BEER $127.75
Invoice 334598 5/10/2004
Transaction Date 5/10/2004 Wells Fargo 10100 Total $11,883.70
Refer 52504 TOLL GAS AND WELDING SUPPLY
Cash Payment E 101-43100-230 Shop Materials INDUSTRIAL CYLS $17.91
Invoice 445914 4/30/2004
Transaction Date 5/17/2004 Wells Fargo 10100 Total $17.91
- 1456-
............. 1 I ~i, mm. , ~llJ, ,IQ ~, ii& ,
CITY OF MOUND
Refer 52504 TROPHIES BY LINDA
Cash Payment E 101.42110-431 Meeting Expense
invoice 11344 4/12/2004 PO 18347
Cash Payment E 101-42110-430 Miscellaneous
Invoice 11518 5/1/2004 PO 18357
City of Mound
Payments
05/19/04 1:43 PM
Page 16
Current Period: May 2004
PLAQUES $13.05
CERTIFICATES/FRAMES $67.10
Transaction Date 5/14/2004 Wells Fargo 10100 Total $80.15
Refer 52504 TRUE VALUE, MOUND
Cash Payment E 101-42110-321 Telephone & Cells TELEPHONE $26.61
Invoice ×09587 4/15/2004 PO 18350
Transaction Date 5/11/2004 Wells Fargo 10100 Total $26.61
Refer 52504 TWIN CITY OFFICE SUPPLY
Cash Payment E 101-41310-200 Office Supplies
Invoice 427040-0 5/25/2004
Cash Payment E 101-41500-200 Office Supplies
Invoice 427040-0 5/25/2004
Cash Payment E 101-42400-200 Office Supplies
Invoice 427040-0 5/25/2004
Cash Payment E 101-45200-200 Office Supplies
Invoice 427040-0 5/25/2004
Cash Payment E 101-43100-200 Office Supplies
Invoice 427040-0 5/25/2004
~,.~..~, Cash Payment E 609-49750-200 Office Supplies
Invoice 427040-0 5/25/2004
Cash Payment E 601-49400-200 Office Supplies
Invoice 427040-0 5/25/2004
Cash Payment E 602-49450-200 Office Supplies
invoice 427040-0 5/25/2004
Cash Payment E 101-43100-200 Office Supplies
Invoice 426761-0 5/25/2004
Cash Payment E 601-49400-200 Office Supplies
Invoice 426761-0 5/25/2004
Cash Payment E 602-49450-200 Office Supplies
Invoice 426761-0 5/25/2004
Cash Payment E 222-42260-200 Office Supplies
Invoice 427223-0 5/25/2004 PO 18081
Cash Payment E 101-42110-200 Office Supplies
Invoice 428358-0 5/25/2004 PO 18359
Cash Payment E 101-41310-200 Office Supplies
Invoice 427602-0 5/25/2004
Cash Payment E 101-41500-200 Office Supplies
Invoice 427602-0 5/25/2004
Cash Payment E 101-42400-200 Office Supplies
Invoice 427602-0 5/25/2004
Cash Payment E 101-45200-200 Office Supplies
Invoice 427602-0 5/25/2004
/,.~Cash Payment E 101-43100-200 Office Supplies
(...nvoice 427602-0 5/25/2004
"Cash Payment E 609-49750-200 Office Supplies
Invoice 427602-0 5/25/2004
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
SCALE
SCALE
SCALE
INK JET CARTRIDGE, PINS
PENCIL,TAPE,ETC
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
$1.16
$1.16
$1.16
$1.16
$1.16
$0.40
$0.77
$0.77
$6.OO
$6.00
$5.99
$164.08
$55 .O6
$0.77
$0.77
$0.77
$0.77
$0.77
$o.25
- 1457-
CITY OF MOUND
City of Mound
Payments
05/19/04 1:43 PM
Page 17
Cash Payment E 601-49400-200 Office Supplies
Invoice 427602-0 5/25/2004
Cash Payment E 602-49450-200 Office Supplies
Invoice 427601-0 5/25/2004
Cash Payment E 281-45210-200 Office Supplies
Invoice 425184-0 5/25/2004
Cash Payment E 601-49400-200 Office Supplies
Invoice 425184-0 5/25/2004
Cash Payment E 602-49450-200 Office Supplies
Invoice 425184-0 5/25/2004
Cash Payment E 609-49750-200 Office Supplies
Invoice 427436-0 5/25/2004
Cash Payment E 101-41310-200 Office Supplies
Invoice 426474-0 5/25/2004
Cash Payment E 101-41500-200 Office Supplies
Invoice 426474-0 5/25/2004
Cash Payment E 101-42400-200 Office Supplies
invoice 426474-0 5/25/2004
Cash Payment E 101-45200-200 Office Supplies
Invoice 426474-0 5/25/2004
Cash Payment E 101-43100-200 Office Supplies
Invoice 426474-0 5/25/2004
Cash Payment E 609-49750-200 Office Supplies
Invoice 426474-0 5/25/2004
Cash Payment E 601-49400-200 Office Supplies
Invoice 426474-0 5/25/2004
Cash Payment E 602-49450-200 Office Supplies
Invoice 426474-0 5/25/2004
Cash Payment E 101-43100-200 Office Supplies
Invoice 426540-0 5/25/2004
Cash Payment E 601-49400-200 Office Supplies
Invoice 426540-0 5/25/2004
Cash Payment E 602-49450-200 Office Supplies
invoice 426540-0 5/25/2004
Cash Payment E 101-42400-200 Office Supplies
Invoice 426949-0 5/25/2004
Cash Payment E 101-41500-200 Office Supplies
Invoice 426212-0 5/25/2004
Cash Payment E 101-41310-200 Office Supplies
Invoice 427505-0 5/25/2004
Cash Payment E 101-41500-200 Office Supplies
Invoice 427505-0 5/25/2004
Cash Payment E 101-42400-200 Office Supplies
Invoice 427505-0 5/25/2004
Cash Payment E 101-45200-200 Office Supplies
Invoice 427505-0 5/25/2004
Cash Payment E 101-43100-200 Office Supplies
Invoice 427505-0 5/25/2004
Cash Payment E 609-49750-200 Office Supplies
Invoice 427505-0 5/25/2004
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
CREDIT-RODS FOR FRAMES
CREDIT-RODS FOR FRAMES
CREDIT-RODS FOR FRAMES
STAPLER,TAPE DISPENSER
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
RIBBON
RIBBON
RIBBON
BUSINESS CARD HOLDER
TONER CARTRIDGE
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
$0.51
$0,51
-$2,75
~$5.50
*$5.49
$45.29
$12.07
$12.07
$12.07
$12.07
$12,07
$4.02
$8.05
$8.05
$8.13
$8,13
$8.13
$3.60
$299.55
$2,34
$2.34
$2.34
$2.34
$2,34
$O,80
- 1458-
C
CITY OF MOUND
City of Mound 05/19/041:43 PM
Page 18
Payments
Current Period: May 2004
Cash Payment E 601-49400-200 Office Supplies
Invoice 427505-0 5/25/2004
Cash Payment E 602-49450-200 Office Supplies
Invoice 427505-0 5/25/2004
Cash Payment E 101-43100-200 Office Supplies
Invoice 427181-0 5/25/2004
Cash Payment E 601-49400-200 Office Supplies
Invoice 427181-0 5/25/2004
Cash Payment E 602-49450-200 Office Supplies
Invoice 427181-0 5/25/2004
Cash Payment E 101-41310-200 Office Supplies
Invoice 428040-0 5/25/2004
Cash Payment E 101-41500-200 Office Supplies
Invoice 428040-0 5/25/2004
Cash Payment E 101-42400-200 Office Supplies
Invoice 428040-0 5/25/2004
Cash Payment E 101-45200-200 Office Supplies
Invoice 428040-0 5/25/2004
Cash Payment E 101-43100-200 Office Supplies
Invoice 428040-0 5/25/2004
Cash Payment E 609-49750-200 Office Supplies
Invoice 428040-0 5/25/2004
Cash Payment E 601-49400-200 Office Supplies
Invoice 428040-0 5/25/2004
Cash Payment E 602-49450-200 Office Supplies
Invoice 428040-0 5/25/2004
Cash Payment E 281-45210-200 Office Supplies
Invoice 428040-0 5/25/2004
Cash Payment E 601-49400-200 Office Supplies
Invoice 428040-0 5/25/2004
Cash Payment E 602-49450-200 Office Supplies
Invoice 428040-0 5~25/2004
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
CHAIR
CHAIR
CHAIR
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEQUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
INK JET CARTRIDGE
INK JET CARTRIDGE
INK JET CARTRIDGE
$1.56
$1,56
$236.00
$58,99
$58.99
$8.97
$8.97
$8,97
$8.97
$8.97
$3.02
$5.98
$5.98
$30.05
$60.10
$60.10
Transaction Date 5/18/2004 Wells Fargo 10100 Total $1 289.23
Refer 52504 TWO RIVER SIGN AND DESIGN
Cash Payment E 101-41910-500 Capital Outlay (GENE~RA DOOR SIGNS $778.05
Invoice 1050-B 4/29/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $778.05
Refer 52504 WE/ST, KATHY
Cash Payment E 222-42260-210 Operating Supplies REIMBURSE STICKERS $40.00
Invoice 052504 5/25/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total '~.$40'00
Refer 52504 WESTONKA SEWE~A/vu
Cash Payment E 601-49400-430 Miscellaneous 2923 DICKENS LANE SERVICE CALL $75.70
Invoice 30211 511212004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $75.70
~..-.~Cash Payment E 401-46377-300 Professional Srvs - 04-23-04 CLEAR DITCH 110 $300.00
Invoice 529 5/13/2004
- 1459 -
City of Mound 05/19/041:43 PM
Page 19
Payments
CITY OF MOUND
Cash Payment
Invoice 531
Transaction Date
Current Period: May 2004
E 401-46377-300 Professional Srvs 04-23-04 FORCEMAIN BARTLETT $1,426.50
5/13/2004
5/17/2004 Wells Fargo 10100 Total $1,726.50
Refer 52504 WILLIAMS TOWING
Cash Payment E 101-42110-436 Towing Charges STORAGE FEE $180.00
Invoice 68542 1/25/2004 PO 18358
Transaction Date 5/18/2004 Wells Fargo 10100 Total $180.00
Refer 52504 WINE COMPANY
Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$7.00
Invoice 19702-00 2/6/2004
Cash Payment E 609-49750-253 Wine For Resale WINE $238.70
Invoice 25955-00 2/6/2004
Transaction Date 5/13/2004 Wells Fargo 10100 Total $231.70
Refer 52504 XCEL ENERGY
Cash Payment E 101-43100-381 Electdc Utilities 04-04 STREET LIGHTS $10,094.58
Invoice 0542-505-000-12 5/25/2004
Transaction Date 5/11/2004 Wells Fargo 10100 Total $10,094.58
Refer 52504 ZACK, INCORPORATED
Cash Payment E 101-45200-220 Repair/Maint Supply - SQUEEGES $47.50
Invoice 7713 5/10/2004 PO 18307
Cash Payment E 101-43100-230 Shop Materials BROOMS,SHOVELS,ETC $460.39
Invoice 25121 5/10/2004 PO 18306
Cash Payment E 101-43100-230 Shop Materials SHOVEL,BRUSH $150.67
Invoice 25127 5/10/2004 PO 18306
Cash Payment E 101-45200-220 Repair/Maint Supply METAL BOLT HANDLE $48.99
Invoice 25122 5/10/2004 PO 18307
Cash Payment E 222-42260-210 Operating Supplies SHOVELS/BRUSHES $106.33
Invoice 7237 5/10/2004 PO 18306
Transaction Date 5/10/2004 Wells Fargo 10100 Total $813.88
Refer 52504 ZIEGLER, INCORPORATED
Cash Payment E 101-43100-500 Capital Outlay (GENERA COMPRESSOR $11,251.50
Invoice J2726601 5/8/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $11,251.50
- 1460-
CITY OF MOUND
Fund Summary
City of Mound
Payments
05/19/04 1:43 PM
Page 20
Current Period: May 2004
101 GENERAL FUND
222 AREA FIRE SERVICES
281 COMMONS DOCKS FUND
401 GENERAL CAPITAL PROJECTS
402 MUNICIPAL ST AID ST CONSTUCT
455 TIF 1-2
601 WATER FUND
602 SEWER FUND
609 MUNICIPAL LIQUOR FUND
670 RECYCLING FUND
675 STORM WATER UTILITY FUND
10100 Wells Fargo
$65,928.76
$4,944.21
$5,693.31
$52,593.51
$734.00
$10,304.23
$22,241.12
$35,341.34
$55,000.96
$14,547.46
$675.00
$268,003.90
Pre-Written Check
Checks to be Generated by the Compute
Total
$0.00
$268,003.90
$268,003.90
C
-1461 -
CITY OF MOUND
City of Mound
Payments
Current Period: May 2004
Batch Name
Refer 53104
05/19/04 1:44 PM
Page 1
053104CRCARD User Dollar Amt $3,348.24
Payments Computer Dollar Amt $3,348.24
$0.00 In Balance
ELAN CREDIT CARD Ck# 095094 5/21/2004
Cash Payment E 101-43100-434 Conference & Training 05-04-04 SIGNCAD SYSTEMS $258.00
Invoice 053104 5/31/2004
Cash Payment E 101-41910-300 Professional Srvs 04-20-04 INET 7 $18.00
Invoice 053104 5/31/2004
Cash Payment E 101-42400-500 Capital Outlay (GENERA 04-25-04 COMPUPLUS LAPTOP $51.99
Invoice 053104 5/31/2004
Cash Payment E 101-41910-300 Professional Srvs 04-14-04 CAR WASH $202.30
Invoice 053104 5/31/2004
Cash Payment E 101-45200-210 Operating Supplies 05-05-04 EXPRESS POLICE SUPPLY $84.96
FLASHLIGHT
Invoice 053104 5/31/2004
Cash Payment E 101-41310-434 Conference & Training 04-14-04 FICHE CONFERENCE $168.69
Invoice 053104 5/31/2004
Cash Payment E 101-41310-434 Conference & Training 04-26-04 FICHE CONFERENCE $117.65
Invoice 053104 5/31/2004
Cash Payment E 101-41310-210 Operating Supplies 05-05-04 BESTBUY FLAT MONITOR $680.51
Invoice 053104 5/31/2004
Cash Payment E 222-42260-210 Operating Supplies 04-15-04 TOTAL TEMPERATURE HEAT GUNS $260.00
Invoice 053104 5/31/2004
Cash Payment E 222-42260-210 Operating Supplies 05-05-04 SUNSET PRINTING, FISH FRY $250.00
Invoice 053104 5/31/2004
Cash Payment E 609-49750-210 Operating Supplies 04-15-04 HOME DEPOT, SHELVING $64.89
Invoice 053104 5/31/2004
Cash Payment E 101-42110-404 Repairs/Maint Machinery 04-22-04 SQUAD WASH $12.77
Invoice 053104 5/31/2004
Cash Payment E 101-42110-404 Repairs/Maint Machinery 04-24-04 CREDIT-SQUAD WASH -$5.30
Invoice 053104 5/31/2004
Cash Payment E 101-42110-210 Operating Supplies 04-23-04 MENARDS $23.40
Invoice 053104 5/31/2004
Cash Payment E 101-42110-210 Operating Supplies 04-24-04 MENARDS $108.02
Invoice 053104 5/31/2004
Cash Payment E 101-42110-434 Conference & Training 04-27-04 AIRFARE $6.95
Invoice 053104 5/31/2004
Cash Payment E 101-42110-434 Conference & Training 04-27-04 AiRFARE $162.00
Invoice 053104 5/31/2004
Cash Payment E 101-42110-434 Conference & Training 04-26-04 AIRFARE $610.69
Invoice 053104 5/31/2004
Cash Payment E 101-42110-434 Conference & Training 04-30-04 AIRFARE $272.70
Invoice 053104 5/31/2004
Transaction Date 5/19/2004 Wells Fargo 10100 Total $3,348.24
- 1462-
CITY OF MOUND
Fund Summaw
101 GENERAL FUND
222 AREA FIRE SERVICES
609 MUNICIPAL LIQUOR FUND
City of Mound
Payments
05/19/04 1:44 PM
Page 2
Current Period: May 2004
10100 Wells Fargo
$2,773.35
$510.00
$64.89
$3,348.24
Pre-Written Check
Checks to be Generated by the Compute
Total
$3,348.24
$0.00
$3,348.24
C
- 1463-
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MN 55364-1687
PH: (952) 472-0600
FAX: (952) 472-0620
WEB: www. cityofmound.com
May 18, 2004
TO:
FROM:
RE:
Mayor and City Council
Bonnie Ritter
Tree Removal License
I have received an application from Tom Gullickson of Gullickson Tree Service, Mound,
for a Tree Removal License. Approval contingent upon receipt of all forms, fees and
certificate of insurance.
printed on recycled paper
- 1464-
CITY OF MOUND.
5341 MAYWOOD ROAD
MOUND, MN 55364-1687
PH: (952) 472-0600
FAX: (952) 472-0620
WEB: www. cityofmound.com
May 18, 2004
C
TO:
FROM:
RE:
Mayor and City Council
Bonnie Ritter
Tree Removal License
An application has been received from Williams Tree Service of Maple Grove, for a
Tree Removal License. All forms, fees and certificates of insurance have been
submitted.
__pdnted on recycled paper
1465-
CITY OF MOUND
MEMORANDUM
5341 MAYWOOD ROAD
MOUND, MN 55364-1687
PH: (952) 472-0600
FAX: (952) 472-0620
WEB: www. cityofmound.com
May 18, 2004
TO: MAYOR AND COUNCIL
FROM: KANDIS M. HANSON, CITY MANAGER
SUBJECT: CBD Parking Program
As you might know, in 2003 the City Council took action to extend the existing CBD program until June 30, 2004. After
this date, unless extended by the Council, the program will no longer exist.
If it is your intent to extend this program for one more year, there will be a direct impact on the City budget. We do not
have all the costs for the year 2003-2004, but for the year 2002-2003 they were as follows:
Snow plowing by contractor $ 4,057
CBD Lease payments 6,939
Total Cost 10,996
Less Assessments (1,114)
Net Cost to City $ 9,882
The Council could consider one of the following options:
Continue the CBD program as is for one more year.
Terminate the program at the end of the 2003-2004 season.
Continue the program for one more year and charge the CBD district for all direct
costs incurred by the City.
Continue the program for one more year and charge the CBD district for snow
plowing at 1/4 of the cost plus the lease payments.
Given the parking concerns that we still have in our downtown area, the administration recommends
that the program be extended as is for one more year.
If you have any questions, please contact me at 952-472-0609.
cc:
Gino Businaro, Finance Director
Greg Skinner, P. W. Superintendent
C
CITY OF MOUND
RESOLUTION NO. 04-
RESOLUTION REAFFIRMING THE AUTHORIZATION OF CITY SPONSORSHIP
OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS
WHEREAS, the City Council of the City of Mound, Minnesota, did on February 12,
1991, adopt resolution No. 91-30, entitled "Resolution Authorizing City Sponsorship in
State Grant-In-Aid Snowmobile Trail Funds"; and
WHEREAS, the Department of Natural Resources is requesting that the City again
reaffirm its sponsorship of the State Grant-In-Aid Snowmobile Trail funds; and
WHEREAS, the Southwest Trails Association has requested the City of Mound to
sponsor grant-in-aid snowmobile trails through the Minnesota Trails Assistance
Program;
NOW, THEREFORE BE IT RESOLVED that the City Clerk is authorized to apply to the
Department of Natural Resources for the Minnesota Trail Assistance program on behalf
of the Southwest Trails Association; and
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to execute and
approve contractual agreements for this grant.
Adopted by the City Council this 25th day of May, 2004.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
- 1467-
I~ DEPARTIV~NT OF
MINNESOTA TRAIL ASSISTANCE PROGRAM
SNOWMOBILE/CROSS-COUNTRY SKI
TRADITIONAL GRANT AGREEMENT
ITrail Name
IState Cost
Effective Date
See Item I
THIS AGREEMENT, is made between the STATE OF MINNESOTA, acting through the Commissioner of Natural
Resources, hereinafter referred to as the "State", and the sponsoring Local Unit of Government specified above, and
relates to the establishment of proposed trails specified above.
WHEREAS, the local unit of government desires to establish, construct and maintain public trails; and
WHEREAS, the Minnesota Trails Assistance Program provides grants to local units of government for the
construction and maintenance of recreational trails pursuant to Minnesota Statutes, Chapter 84.83; and
WHEREAS, the local unit of government has applied to the State for a grant for said trails and has submitted the
Minnesota Trails Assistance Program's application form, maps, ownership list, and resolution of the local unit of
government authorizing the proposed trails as outlined in said documents; and said application form, resolution, map or
new trail project proposal are attached hereto as Exhibit "A".
NOW THEREFORE, it is agreed between the parties as follows:
A. TRAIL OBLIGATION OF THE LOCAL UNIT OF GOVERNMENT. The local unit of government agrees to
construct, operate, and maintain the proposed trails in accordance with the current Minnesota
Snowmobile/Cross Country Ski Trails Assistance Program Instruction Manual, hereinafter referred to as the
"Manual", and with the application or new trail project proposal form, as accepted or amended by the State.
The local unit of government shall:
1. Forthwith proceed to acquire necessary interests in lands and open trails to the public. The local unit of
government must acquire the interests in land in fee, or by easement, lease, permit, or deed for said
trails. The term of said interest shall be no less than four (4) months between November 15 of any year
and April 1 of the succeeding year. For each parcel of land crossed by proposed trails, the local units of
government shall obtain from the owner of said parcel and submit to the State a permit, lease, easement,
or deed for said crossing.
(a) A person having personal knowledge of ownership shall sign an affidavit that the person whose
name appears on the document of conveyance, lease, or permit is the owner or possessor.
(b) Any instrument of conveyance or permit with a consideration exceeding $500.00 shall be
accompanied by an Attorney's Certificate of Title.
2. Construct the trails and provide adequate maintenance which shall include keeping the trails reasonably
safe for public use; provide sanitation and sanitary facilities when needed; and provide other maintenance
as may be'required. The local unit of government and not the State is responsible for maintaining signs
and grooming all trails. If the local unit of government fails to expedite establishment and construction of
trails or fails to provide for adequate maintenance, the State may withhold future payments to the local
unit of government and/or terminate this agreement.
B. · TECHNICAL ASSISTANCE, The State shall give technical assistance to the local unit of government in
establishing trails upon request.
C. FUNDING. The state's sole responsibility under this Agreement is to provide funds to the local unit of
government. In the event that state funds become unavailable because of legislative or executive action or
· restraints the grant amount may be reduced or canceled by the State.
- 1468-
Bo
Fo
REIMBURSEMENT. The state agrees to reimburse the local unit of government 65 percent of the cost of trail
acquisition, development, and maintenance, except grooming and liability insurance which shall be reimbursed at
the rate of 90 percent for all eligible costs. All costs shall be in accordance with the allowable charges and costs
listed in the Manual. This grant shall not exceed the State Cost as specified above.
PAYMENT. The local unit of 9overnment must submit a request for reimbursement and attach worksheets
furnished by the State for all costs incurred in acquiring, developing, maintaining and grooming the trail, all in
accordance with the Manual. Additionally, the local unit of government must submit original receipts of actual
purchases exceeding $100.00. Further, the first request for reimbursement for costs incurred by grooming must
be made by January 31, and the last day of every month thereafter while costs are incurred during the grooming
season.
1. First Payment: Upon receipt of the request for reimbursement evidencing acceptable trail costs of
$500.00 or more for acquisition, development, or maintenance, the State agrees to reimburse the local
unit of government for approved costs in accordance with the Manual. The State shall not be required Jo
pay for any services provided by the local unit of government which the State determines to be
unsatisfactory as determined by the State's authorized representative.
2. Subsequent Payments: Each thirty (30) successive days after the first payment, the local unit of
government may submit invoices evidencing trail costs. Payments shall be made to the extent of
authorized reimbursement, or until this agreement is terminated.
3. Trail Segments: It is understood that if the trail system is developed in segments, the local unit of
government may submit requests for reimbursement as soon as continuous and workable segments are
completed.
STATE AUDITS. Under Minnesota Statutes § 16C.05, subd. 5, the Grantee=s books, records, documents, and
accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or
the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant
contract.
WORKERS COMPENSATION. The Grantee certifies that it is in compliance with Minnesota Statutes § 176.181,
subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not
be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on
behalf of these employees and any claims made by any third party as a consequence of any act or omission on
the part of these employees are in no way the State's obligation or responsibility.
LIABILITY. Each party agrees that it will be responsible for its own acts and (he results thereof to the extent
authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State's
liability shall be governed by the provisions of the Minnesota 7'crt Claims Act, Minnesota Statutes § 3.736 and
other applicable law. The Sponsor's liability shall be governed by the provisions of Minnesota political
Subdivisions Tort Liability, Minnesota Statutes § 466.02 and other applicable law.
TERM. Effective date: (SPELL OUT FULL DATE), or the date the State obtains all required signatures under
Minnesota Statutes § 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this Grant Agreement until this Grant is fully executed and the
Grantee has been notified by the State's Authorized Representative to begin the work.
Expiration date: June 30, 2004, or until all obligations have been satisfactorily fulfilled, whichever occurs
first.
Encumbrances for grants issued by June 30 may be certified for a period of one year beyond the year
in which the funds were originally appropriated. Services rendered under grant contracts may occur
during the certification period.
TERMINATION. This Agreement may be terminated by the State in the event of a default by the Sponsor, the
legislature appropriates insufficient monies for the program, or the abandonment of the Trail. It may also be
terminated upon mutual agreement by the State and the Sponsor.
PUBLICITY AND ENDORSEMENT
-1469-
Publicity: Any publicity regarding the subject matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
resulting from this grant contract.
Endorsement: The Grantee must not claim that the State endorses its products or services.
ASSIGNMENT OR MODIFICATION. The Sponsor may not assign any of its rights or obligations under this
Agreement'without the prior written consent of the State. No change or modification of the terms or provisions of
this Agreement shall be binding unless such change or modification is in writing and signed byall parties on this
Agreement.
DATA DISCLOSURE. Under Minnesota Statutes § 270.66, and other applicable law, the Grantee consents to
disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax
identification number, already provided to the State, to federal and state tax agencies and state personnel
involved in the payment of state obligations. These identification numbers may be used in the enforcement of
federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay
delinquent state tax liabilities, if any.
GOVERNING LAW, JURISDICTION, AND VENUE. Minnesota law, without regard to its choice-of-law
provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach,
must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
LOCAL UNIT OF GOVERNMENT
(County) (City) (Village) (Town)
Authorized Signature Title Date
Authorized Signature Title Date
DEPARTMENT OF NATURAL RESOURCES
Individual certifies that funds have been State Encumbrance Verification Date
encumbered as required by M.S. § 16A.15
and 16C.05.
CFMS #:
Authorized Signature Trails and Waterways Division Date
Director
Signature (Recommend for Approval) Trails and Waterways Regional Date
Manager
Form date: I0/03 GIA Sno04a
-1470-
Engineering · Planning · Surveying
May 19, 2004
C
Ms. Sarah Smith
Community Development Director
City of Mound
5341 Maywood Road
Mound, Minnesota 55364-1627
SUBJECT:
City of Mound
Landgon Trails
Letter of Credit Reduction
MFRA #14275
Dear Sarah:
I have reviewed the request by Chuck Alcon for a reduction in the amount of the letter of credit for
subject project and also discussed it with Carlton Moore and we feel that 3 percent of the original
amount for the utility construction ($3,168.00) should be retained until the final record plans are
received. The amount to be released would then be $38,973.00, leaving a balance of $27,594.00 in
the letter of credit.
If you have any questions, or need additional information, please contact me.
Sincerely,
MFRA
John Cameron, City Engineer
JC:rth
cc: Carlton Moore, Public Works Director
Chuck Alcon, Project Manager, Langdon Trails
s:Xmain:Xmou 14275Xcor~espondence~smithS-19
Cf
-1471 -
15050 23rd Avenue North · Plymouth, Minnesota · 55447
phone 763/476-6010 · fax 763/476-8532
e-mai/: mfra@mfra, com
MAY-l?-2004 16:35 P.O1
City of Mound '
Attn: Ms. Sarah Smith, Community Development Director
5341 Maywood Road
Mound, MN. 55364
LANGDON TRAILS
Letter of Credit (LOC) Reduction RequeSt #2
- ,, ,. Construction
c;~'~':"x I va~ of : o~i.~ J % J va~u. of ! Addition~ '1 To~a~ LOC
I w.~ I ,oc I c~,,., I _~.-' I'-"~ I
Gmdl~ ~? ~h ' Re~uiled I
$8,4 e25
7
~ ~4~-
12./16A]3
ChuCk Aloon. Project Manager, Langdon Trails
Cc: MFRA, John Cameron
TOTAL P.O1
- 1472-
P.01
MAY-I'?-20~4
16:55
C
C
City of Mound
Attn: Ms. Sarah Smith, Community Development Director
5341 Maywood Road
Mound, MN. 55364
LANGDON TRAIL8
Letter of Credit (LOC) Reduction Request #2
Construction
Cal~J0n/ V01ue'of 0rigi~al % Value
Wo~ L~ C;p~ W~
~g ~7.~0 $~,e25 ~ ~,7~ $t,~7 $e,~3
San~ ~;~r $29,361 ~5r451 i5% ~.2~ S1 .~ ~318
~%~,~;n ~3~1 ~2~1 ' 15% ~.076 $1 ~ ~,~
S;~ 9~ ~e S39~419 ~,~4 ~ $11,5~ S2.~1 S14~7
Stm~ ~ar ~u~ $9,~0 $11.812
"~evious LOC Reductions Elate ,
LOC
Nui~b=-r 1 12/16/~3 '
Numar 3
_Numar 4 ,
Numar 6
....
Original L~;~ ~f Credit $266,291
_F're~ieua LOC ~-~ ,.
$198,724
Cu,~; LOC R~luction $42~141
TOtal Ri~i~.%~ LOC' , , , ~24,4~
Chuck ^t~on, Project Manager, Langdon Trails
Cc: MI=PlA, John Cameroft
TOTAL P. O1
- 1473-
CITY OF MOUND
ORDINANCE NO. 01-2004
AN ORDINANCE ADDING SECTION 903 TO CHAPTER IX OF THE CITY CODE
PROHIBITING FISHING AT CERTAIN PORTIONS OF THE LOST LAKE CHANNEL
The City of Mound does ordain:
The following new Section hereby added to Chapter IX.
Section 903 - REGULATION OF FISHING AT LOST LAKE CHANNEL
903.00 Findin.q and Determination. Due to inherent risk of injury to
persons engaged in boating and pedestrian activities within the relatively confined and
congested areas of the Lost Lake Channel, the City Council has determined that it is
necessary to, in the interest of public heath, safety and welfare, to prohibit fishing at
certain portions of the Lost Lake Channel.
903.05 FishinR Regulation. No fishing is allowed from any public dock,
pier, or other city regulated or owned structure or on any city lands at that portion of the
Lost Lake Channel described in Mound City Resolution 03-28, which resolution is on file
in the office of the City Clerk. The term fishing shall include fishing with a line, taking
fish by means of snagging, spearing, harpooning, archery or by dip net.
903.10 Signs to be Posted. Signs shall be posted at suitable locations
within the regulated area informing the public that fishing is prohibited within the area
where signage is posted.
Passed by the City Council this __ day of
,2004.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
Published in The Laker on the
Effective the __ day of
day of
,2004.
,2004.
- 1474-
CITY OF MOUND
RESOLUTION NO. 03-28
RESOLUTION GIVING AUTHORIZATION TO GRANT PERMANENT EASEMENTS FOR
CONSTRUCTION OF LOST LAKE GREEENWAY (TRAIL, LANDSCAPING AND PIER WITH
DOCKS)
WHEREAS, the City of Mound has approved the construction of the Lost Lake Greenway from
Commerce Boulevard (CSAH 110) to the Little League Ball Fields Parking Lot at Cypress Lane;
and
WHEREAS, the Lost Lake Greenway is identified in the Mound Visions Downtown
Revitalization Plan adopted by the City of Mound in 1992 as a central community open space;
and
WHEREAS, the Lost Lake Greenway is envisioned by the community as a permanent public
recreational space; and
WHEREAS, the Lost Lake Greenway project is partially funded with federal ISTEA funds; and
WHEREAS, Federal funding compels the City of Mound to place a permanent easement over
the Lost Lake Greenway property ensuring its perpetual use as a public recreational space; and
WHEREAS, the Lost Lake Greenway is scheduled to be completed by the end of 2003, with
construction activities commencing about June 1, 2003.
C~
NOW THEREFORE BE IS RESOLVED by the City Council of the City of Mound, that a
permanent easement for trails, landscaping, docking facilities and supportive improvements is
granted over the following described properties:
That part of Lot 8, McNaught's Addition to "Mound" Lake Minnetonka, described as follows:
Beginning at a point on the West line of said Lot 8 distant 1.00 feet South from the
Northwest corner of said Lot 8; thence South along said West line 47.00 feet; thence
East, parallel with the North line of said Lot 8 a distance of 87.00 feet; thence
Northeasterly, deflecting to the left 33 degrees 41 minutes 22 seconds, a distance of
18.02 feet; thence East to a point on the East line of said Lot 8 distant 38.00 feet South
from the Northeast corner of said Lot 8; thence North to said Northeast corner; thence
West along the North line of said Lot 8 to a point 75.00 feet East from the Northwest
corner of said Lot 8; thence South, parallel with said West line 1.00 feet; thence West,
parallel with said North line to the point of beginning.
ALSO
- 1475-
That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 117,
Range 24 described as follows:
Commencing at the Southwest corner of said Southwest Quarter of the Southwest
Quarter; thence Easterly along the South line of said Southwest Quarter of the
Southwest Quarter a distance of 695.78 feet; thence Northerly 225.19 feet to a point
501.31 feet Easterly of the Southwest corner of Lot 11, Auditor's Subdivision No. 170, as
measured along a line drawn parallel with the South line of said Southwest Quarter of
the Southwest Quarter from the Southwest corner of said Lot 11; thence continuing
Northerly along the last described course, hereinafter referred to as "Line A", to its
intersection with the Easterly extension of the North line of Lot 8, McNaught's Addition to
"Mound" Lake Minnetonka, said intersection being the actual point of beginning; thence
Westerly along said extension to the Northeast corner of said Lot 8; thence Southerly
along the East line of said Lot 8 a distance of 38.00 feet; thence Easterly parallel with
the Easterly extensions of the North line of said Lot 8, to said "Line A"; thence Northerly
along said "Line A" to the actual point of beginning.
(Torrens Certificate No. 863221)
ALSO
The South 50 feet of Lot 7, Auditor's Subdivision No. 170
(Abstract)
ALSO
That part of Lot 7, Auditor's Subdivision #170, Hennepin County, lying South of the center line
of alley separating Lots 1 to 6 from Lot 7, in said Auditor's Subdivision #170 extended Easterly
to the Easterly line of said Lot 7 in said Auditor's Subdivision #170, also a perpetual joint right
of way over that portion of Lot 7 lying North of said center line of said alley extended and lying
Easterly of a line drawn from a point on the North line of Lot 7 distant 90 feet East from
Northeasterly corner of Lot 6, said Auditor's Subdivision #170 to a point 20 feet East of the
Southeast corner of said Lot 6 and then extending to the Northerly line of the above described
portion of Lot 7, all in and a part of Lot 7, Auditor's Subdivision #170.
(Abstract)
ALSO
That part of the Southwest Quarter of the Southwest Quarter, Section 13, TOwnship 117,
Range 24, and that part of Lot 6, Auditor's Subdivision No. 170, Hennepin County, Minnesota,
and that part of the vacated alley dedicated in "McNaught's 2nd Addition to Mound, Lake
Minnetonka", all described as follows:
Commencing at the Southwest corner of said Southwest Quarter of the Southwest
Quarter; thence on an assumed bearing of North 02 degrees 43 minutes 32 seconds
East along the West line of said Southwest Quarter of the Southwest Quarter 664.53
feet; thence South 89 degrees 40 minutes 35 seconds East 572.01 feet to the point of
beginning; thence continue South 89 degrees 40 minutes 35 seconds East 58.66 feet;
thence South 02 degrees 43 minutes 32-seconds West 149.71 feet; thence South 89
- 1476-
degrees 38 minutes 28 seconds East 100.00 feet; thence North 02 degrees 43 minutes
32 seconds East 149.77 feet; thence South 89 degrees 40 minutes 35 seconds East
113.10 feet; thence Southeasterly 490.37 feet along a tangential curve concave to the
Southwest, having a radius of 1,450.37 feet and a central angle of 19 degrees 22
minutes 18 seconds; thence North 19 degrees 41 minutes 43 seconds East, not tangent
to last described curve, 0.60 feet; thence South 70 degrees 40 minutes 24 seconds East
16.10 feet to the intersection with the East line of said Southwest Quarter of the
Southwest Quarter; thence Southerly along said East line 621.57 feet to the Southeast
corner of said Southwest Quarter of the Southwest Quarter; thence Westerly 648.84 feet
along the South line of said Southwest Quarter of the Southwest Quarter to a point
695.78 feet East of the Southwest corner of said Southwest Quarter of the Southwest
Quarter; thence Northerly 225.19 feet to a point 501.31 feet Easterly of the Southwest
corner of Lot 11, Auditor's Subdivision No. 170, as measured along a line drawn from
said Southwest corner of Lot 11 and parallel with the South line of said Southwest
Quarter of the Southwest Quarter; thence continue Northerly along last described course
170.00 feet; thence deflect to the left 21 degrees a distance of 169.63 feet to the
intersection with the Easterly extension of the centerline of Alley as dedicated in the plat
of "McNaught's 2nd Addition to Mound, Lake Minnetonka"; thence Westerly along said
center line to the intersection with the extension South of the East line of Lot 6, Auditor's
Subdivision No.170; thence Northerly along said extension to the Southeast corner of
said Lot 6; thence Westerly to the Southeast corner of the West 50.00 feet of 'said Lot 6;
thence Northerly along the East line of the West 50.00 feet of said Lot 6 to the North line
of the South 10.00 feet of said Lot 6; thence Easterly along said North line to the East
line of said Lot 6; thence North 33 degrees 31 minutes 24 seconds East 19.53 feet to the
intersection with a line bearing South 02 degrees 43 minutes 32 seconds West from the
point of beginning; thence North 02 degrees 43 minutes 32 seconds East 100.00 feet to
the point of beginning.
According to the recorded plat thereof, and according to the Government Survey thereof.
(Torrens Certificate No. 679336)
ALSO
That part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 117,
Range 24, described as commencing at the Southwest corner of said Section 13; thence North
along the West line thereof 665.21 feet; thence Easterly deflecting to the right 87 degrees 38
minutes, a distance of 630.65 feet to the actual point of beginning; thence South deflecting to
the right, 92 degrees 22 minutes, a distance of 150 feet; thence Easterly, deflecting to the left
92 degrees 22 minutes, a distance of 100 feet; thence North, deflecting to the left 87 degrees
38 minutes, a distance of 150 feet; thence Westerly, deflecting to the left 92 degrees 22
minutes, a distance of 100 feet to the actual point of beginning.
(Torrens Certificate No. 848408)
ALSO
The Southerly 300 feet of Block 4, Shirley Hills Unit F, according to the plat thereof on file or of
record in the office of the Registrar of Titles Hennepin County, Minnesota.
- 1477 -
Said easement being 15 feet left and 65 feet right of a line described as follows:
Commencing at the southwest corner of the Southwest Quarter of the Southwest
Quarter of Section 13, Township 117, Range 24, Hennepin County, Minnesota; thence
on an assumed bearing of North 03 degrees 09 minutes 53 seconds West along the
west line of the Southwest Quarter of the Southwest Quarter a distance of 314.10 feet to
the point of beginning of said line to be described; thence South 89 degrees 33 minutes
39 seconds East a distance of 106.85 feet; thence easterly a distance of 165.98 feet
along a tangential curve, concave to the north, having a radius of 721.34 feet and a
central angle of 13 degrees 11 minutes 03 seconds; thence northeasterly a distance of
74.06 feet along a compound curve, concave to the northwest, having a radius of 250.00
feet and a central angle of 16 degrees 58 minutes 21 seconds; thence easterly a
distance of 106.15 feet along a reverse curve, concave to the southeast, having a radius
of 300.00 feet and a central angle of 20 degrees 16 minutes 25 seconds; thence
northeasterly a distance of 193.11 feet along a reverse curve, concave to the northwest,
having a radius of 250.00 feet and a central angle of 44 degrees 15 minutes 26 seconds
to a point hereinafter referred to as "Point A" and said line there terminating.
Together with a permanent easement for trail, landscaping, docking facilities, and supporting
improvements over, under and across the above described property. Said easements being 37
feet left and 65 feet right of a line described as follows:
Beginning at the above described "Point A"; thence North 53 degrees 01 minutes 09
seconds East, not tangent to last described curve, a distance of 109.94 feet and said line
there terminating.
Together with a permanent easement for trail, landscaping, docking facilities, and supporting
improvements over, under and across the above described property. Said easements being 15
feet left and 65 feet right of a line described as follows:
Beginning at the termination of the last described line; thence North 46 degrees 34
minutes 09 Seconds East a distance of 13.83 feet; thence northeasterly, easterly and
southeasterly a distance of 305.11 feet along a tangential curve, concave to the south,
having a radius of 180.00 feet and a central angle of 97 degrees 07 minutes 15 seconds;
thence South 36 degrees 18 minutes 36 seconds East tangent to last curve, a distance
of 13.55 feet; thence southeasterly a distance of 134.21 feet along a tangential curve,
concave to the southwest, having a radius of 292.00 feet and a central angle of 26
degrees 20 minutes 07 seconds; thence South 09 degrees 58 minutes 29 seconds East,
tangent to last curve, a distance of 40.14 feet; thence Southeasterly a distance of 150.80
feet along a tangential curve, concave to the northeast, having a radius of 110.00 feet
and a central angle of 78 degrees 32 minutes 59 seconds; thence South 88 degrees 31
minutes 28 seconds East, tangent to last curve, a distance of 31.17 feet; thence
southeasterly a distance of 65.44 feet, along a tangential curve, concave to the
southwest, having a radius of 100.00 feet and a central angle of 37 degrees 29 minutes
43 seconds; thence South 51 degrees 01 minutes 44 seconds East, tangent to last
curve, a distance of 35.52 feet; thence southeasterly a distance of 76.74 feet, along a
tangential curve, concave to the northeast, having a radius of 165.00 feet and a central
angle of 26 degrees 38 minutes 49 seconds and said line there terminating.
- 1478-
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Together with a permanent easement for trail, landscaping, docking facilities, and
supporting improvements over, under and across the above described property. Said
easements being 15 feet left and 15 feet right of a line described as follows:
Beginning at the termination of the last described line; thence South 77 degrees
40 minutes 34 seconds East, tangent to last curve, a distance of 35.20 feet;
thence southeasterly a distance of 81.15 feet, along a tangential curve, concave
to the northeast, having a radius of 225.00 feet and a central angle of 20 degrees
39 minutes 49 seconds and said line there terminating.
Together with a permanent easement for trail, landscaping, docking facilities, and
supporting improvements over, under and across the above described property. Said
easement being 35 feet left and 20 feet right of a line described as follows:
· Commencing at the above described "Point A"; thence South 52 degrees 40
minutes 32 seconds East a distance of 53.70 feet to the point of beginning of said
line to be described; thence southeasterly a distance of 172.20 feet along a
nontangential curve, concave to the east, having a radius of 180.72 feet, a central
angle 54 degrees 35 minutes 38 seconds, a chord of 165.76 and a chord bearing
of South 19 degrees 27 minutes 20 seconds East and said line there terminating.
Adopted by the City Council this 11th day of March, 2003.
Attest: Bonnie Ritter, City Clerk
Acting Mayor Mark Hanus
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- 1479-
3N~'I N[]I~IV~
'ON 'H'V'2'D
-'~48o-
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May 20, 2004
C
Honorable Mayor and Members of the City Council
City of Mound
5341 Maywood Road
Mound, Minnesota 55364-1627
SUBJECT:
CSAH 15 Improvements
Feasibility Report
MFRA #14831
Dear Mayor and Council Members:
As requested, we are submitting a Feasibility Report for the reconstruction of County State Aid
Highway 15.
If you have any questions, or need additional information on anything in this report, we will be
pleased to discuss this further with you at your convenience.
Sincerely,
MFRA
John Cameron, City Engineer
JC:rth
Enclosure
s:~nain:~Vlou 14831 :\Correspondence~nayor5 ~20
-1481 -
CITY OF MOUND
RESOLUTION NO. 04-
RESOLUTION RECEIVING REPORT FOR THE CONSTRUCTION AND
REALIGNMENT OF CSAH 15/110
WHEREAS, pursuant to resolution of the Council adopted April 27, 2004, a report has
been prepared by McCombs Frank Roos Associates with reference to the construction
and realignment of CSAH 15/110, and this report was received by the Council on May
25, 2004, and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible,
NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota:
The Council will consider the improvement of CSAH 15 (Shoreline Drive) on new
alignment from 566 feet west of CSAH 15 (Commerce Boulevard) to Cypress Lane as
well as adjoining portions of CSAH 110, city streets and driveways, and the assessment
of abutting property for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of
$4,800,000.
The foregoing resolution was moved by Councilmember
Councilmember
and seconded by
The following voted in the affirmative:
The following voted in the negative:
Adopted by the City Council this 25th day of May, 2004.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
- 1482-
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CITY OF MOUND
RESOLUTION NO. 04-
RESOLUTION ORDERING IMPROVEMENT AND APPROVING PLANS
FOR THE CONSTRUCTION AND REALIGNMENT OF CSAH 15/110
WHEREAS, a resolution of the City Council adopted April 27, 2004, fixed a date for a
Council hearing on the proposed improvement of CSAH 15 (Shoreline Drive) on new
alignment from 566 feet west of CSAH 15 (Commerce Boulevard) to Cypress Lane as
well as adjoining portions of CSAH 110, city streets and driveways; and
WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was
given, and the hearing was held thereon on the 25th day of May, 2004, at which all
persons desiring to be heard were given an opportunity to be heard thereon,
NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the
feasibility report accepted in Resolution No. 04-__.
2. Such improvement is hereby ordered as proposed in the Council resolution
adopted May 25, 2004.
3. Plans and specifications prepared by Hennepin County, McCombs Frank Roos
Associates, and Hoisington Koegler Group, engineers for such improvement
pursuant to Council resolution, a copy of which plans and specifications are
made a part hereof, and hereby approved and shall be filed with the City Clerk.
4. The City Council declares its official intent to reimburse itself for the costs of the
improvement from the proceeds of the tax exempt bond.
The foregoing resolution was moved by Councilmember
Councilmember
and seconded by
The following voted in the affirmative:
The following voted in the negative:
Adopted by the City Council this 25th day of May, 2004.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
- 1483-
THIS PAGE IS
INTENTIONALLY
LEFT BLANK
- 1484-
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CITY OF MOUND
RESOLUTION NO. 04-
RESOLUTION PROVIDING FOR THE ISSUANCE AND
SALE OF $1,785,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2004A, PLEDGING
SPECIAL ASSESSMENTS FOR THE SECURITY
THEREOF AND LEVYING A TAX FOR THE PAYMENT
THEREOF
A. WHEREAS, the City Council of the City of Mound, Minnesota (the "City"), has
heretofore determined and declared that it is necessary and expedient to issue $1,785,000
General Obligation Improvement Bonds, Series 2004A (the "Bonds" or individually, a "Bond"),
pursuant to Minnesota Statutes, Chapters 429 and 475, to finance various improvements for the
2004 Street Reconstruction Project, the Retaining Wall Improvement Project 2004, and the
Construction and Realignment of CSAH 15/110 Project which have been consolidated into the
2004 Street Reconstruction Project (the "Improvements"); and
B. WHEREAS, the Improvements and all their components have been ordered prior
to the date hereof, after a hearing thereon for which notice was given describing the
Improvements or all their components by general nature, estimated cost, and area to be assessed;
and
C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville,
Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was
therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been
solicited by Ehlers; and
D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the Clerk, or designee, at the offices of Ehlers at 10:00 A.M. this same day pursuant to the
Terms of Proposal established for the Bonds; and
E. 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 City Council of the City of Mound,
Minnesota, as follows:
1. Acceptance of Offer. The proposal of
(the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates
of interest hereinafter set forth, and to pay therefor the sum of $ ., plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser.
The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to
the unsuccessful bidders their good faith checks or drafts.
_ 1649072vl
- 1485-
2. Bond Terms.
(a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds
shall be dated June 22, 2004, as the date of original issue, shall be issued forthwith on or after
such date in fully registered form, shall be numbered fi.om 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
2006-2007 $95,000 2015 $115,000
2008 90,000 2016 120,000
2009 80,000 2017 115,000
2010 35,000 2018 110,000
2011-2012 140,000 2019 165,000
2013 170,000 2020 155,000
2014 160,000
All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds
may be issued having mandatory sinking fund redemption and final maturity amounts
conforming to the foregoing principal repayment schedule, and corresponding additions may be
made to the provisions of the applicable Bond(s).
(b) 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
1649072vl
2
-1486- ,
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Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to
be the absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of obtaining any
consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and
all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and premium, if any, and interest on the Bonds
to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to
the effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10 hereof,
references to the Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations to the Depository required by the Depository as a condition to its acting
as book-entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book-entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations").
(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
1649072v 1
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consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5
hereof, make a notation of the reduction in principal amount on the panel provided on the
Bond stating the amount so redeemed.
(c) 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 11 hereof. To the extent that
the Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10 hereof.
(d) 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.
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3. Purpose. The Bonds shall provide funds to finance the Improvements. The total
cost of the Improvements, 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. Work on the
Improvements shall proceed with due diligence to completion. The City covenants that it shall
do all things and perform all acts required of it to assure that work on the Improvements
proceeds with due diligence to completion and that any and all permits and studies required
under law for the Improvements 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 February 1, 2005,
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 Interest Maturity Interest
Year Rate Year Rate
2006 % 2014
2007 2015
2008 2016
2009 2017
2010 2018
2011 2019
2012 2020
2013
5. Redemption. All Bonds maturing on February 1, 2012, and thereafter, shall be
subject to redemption and prepayment at the option of the City on February 1,2011 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, those Bonds remaining unpaid which
have the latest maturity date shall be prepaid first; 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
1649072v 1 5
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City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds
having the same stated maturity and interest rate and of any Authorized Denomination or
Denominations, as requested by the Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Registrar. , in
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 of this resolution.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
1649072vl 6
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
HENNEPIN COUNTY
CITY OF MOUND
R- $
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2004A
Interest Rate Maturity Date
% February 1,__
Date of Original Issue
June 22, 2004
CUSIP
C
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Mound, Hennepin County, Minnesota (the "Issuer"), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the
principal amount specified above, on the maturity date specified above, and to pay interest
thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment
Date"), commencing February 1, 2005, 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 , in ., Minnesota (the
"Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the
Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed
to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the
registration books of the Issuer maintained by the Bond Registrar and at the address appearing
thereon at the close of business on the fifteenth day of the calendar month next preceding such
Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease
to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be
payable to the person who is the Holder hereof at the close of business on a date (the "Special
Record Date") fixed by the Bond Registrar whenever money becomes available for payment of
the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less
than ten days prior to the Special Record Date. The principal of and premium, if any, and
interest on this Bond are payable in lawful money of the United States of America. So long as
this Bond is registered in the name of the Depository or its Nominee as provided in the
Resolution hereinafter described, and as those terms are defined therein, payment of principal of,
premium, if any, and interest on this Bond and notice with respect thereto shall be made as
provided in the Letter of Representations, as defined in the Resolution. Until termination of the
1649072vl-- 7
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book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of
the Depository or its Nominee.
Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2012 and
thereafter, shall be subject to redemption and prepayment at the option of the City on February 1,
2011, 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, those Bonds
remaining unpaid which have the latest maturity date shall be prepaid first; 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 fi:om and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date
fixed for redemption.
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, fi:om the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of the 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 Bond of a denomination of more than
$5,000 shall be redeemed as shall equal $5,000 foreach 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 $1,785,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by
the City Council on May 25, 2004 (the "Resolution"), for the purpose of providing money to
finance the construction of various improvements within the jurisdiction of the Issuer. This
Bond is payable out of the General Obligation Improvement Bonds, Series 2004A 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
1649072vl 8
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registered Bonds of other Authorized Denominations in equal aggregate principal mounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and beating interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law, and that this
Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof
and the date of its issuance and delivery to the original purchaser, does not exceed any
constitutional or statutory limitation of indebtedness.
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1649072vl -- 9
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IN WITNESS WHEREOF, the City of Mound, Hermepin 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:
Registrable by:
Payable at:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
Within.
CITY OF MOUND, HENNEPIN COUNTY,
MINNESOTA
/s/ Facsimile
Mayor
., Minnesota,
Bond Registrar
/s/ Facsimile
CityManager
By
Authorized Signature
1649072vl
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ABBREVIATION~I
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
(Gust)
under the
(State)
(Minor)
Uniform Transfers to Minors Act
Additional abbreviations may also be used
though not in the above list.
ASSIGNMENT
C
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.)
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PREPAYMENT SCHEDULE-
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
DATE AMOUNT.
AUTHORIZED
SIGNATURE
OF HOLDER
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8. Execution; Temporary_ Bonds. The Bonds shall be printed (or, at the request of
the Purchaser, typewritten) and 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, however, that the seal
of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and
provided further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law.
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 an officer who may act on behalf of the absent or
disabled officer. In case either the 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. The City may elect to deliver, in lieu of printed definitive
bonds, one or more typewritten temporary bonds in substantially the form set forth above, with
such changes as may be necessary to reflect more than one maturity in a single temporary bond.
Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and
City Manager. Such temporary bonds shall, upon the printing of the definitive bonds and the
execution thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and, by inserting as the date of registration in the space provided, the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is June 22, 2004. The Certificate of Authentication so executed on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option °fthe 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
1649072vl -- 13
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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 instmrnent 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 Clerk is hereby authorized
to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth (15th) 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 (10) days prior
to the Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
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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. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Improvement Bonds, Series 2004A 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. There shall be maintained in the Fund the following separate accounts:
(a) Construction Account. To the Construction Account there shall be credited the
proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount
paid for the Bonds in excess of the minimum bid, and less capitalized interest in the amount of
$ (together with interest earnings thereon and subject to such other
adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or
before February 1, 2005), plus any special assessments levied with respect to the Improvements
and collected prior to completion of the Improvements and payment of the costs thereof. From
the Construction Account there shall be paid all costs and expenses of making the Improvements
listed in paragraph 16, 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 or special assessments herein levied or covenanted to be levied; and provided
further that if upon completion of the Improvements there shall remain any unexpended balance
in the Construction Account, the balance (other than any special assessments) shall be transferred
by the City Council to the Debt Service Account or the fund of any other improvement instituted
pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments
credited to the Construction Account shall only be applied towards payment of the costs of the
Improvements upon adoption of a resolution by the City Council determining that the application
of the special assessments for such purpose will not cause the City to no longer be in compliance
with Minnesota Statutes, Section 475.61, Subdivision 1.
(b) Debt Service Account. There are hereby irrevocably appropriated and pledged to,
and there shall be credited to, the Debt Service Account: (i) all collections of special
assessments herein covenanted to be levied with respect to the Improvements and either initially
credited to the Construction Account and not already spent as permitted above and required to
pay any principal and interest due on the Bonds or collected subsequent to the completion of the
Improvements and payment of the costs thereof; (ii) all accrued interest received upon delivery
of the Bonds; (iii) all funds paid for the Bonds in excess of the minimum bid; (iv) capitalized
interest in the amount of $ (together with interest earnings thereon and subject to
such other adjustments as are appropriate to provide sufficient funds to pay interest due on the
Bonds on or before February 1, 2005; (v) any collections of all taxes hereafter levied for the
payment of the Bonds and interest thereon; (vi) all funds remaining in the Construction Account
after completion of the Improvements and payment of the costs thereof, not so transferred to the
account of another improvement; (vii) all investment earnings on funds held in the Debt Service
1649072vl -- 15
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Account; and (viii) any and all other moneys which are properly available and are appropriated
by the governing body of the City to the Debt Service Account. The Debt Service Account shall
be used solely to pay the principal and interest and any premiums for redemption of the Bonds
and any other general obligation bonds of the City hereafter issued by the City and made payable
from said account as provided by law.
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 5% 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 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").
16. Assessments. It is hereby determined that no less than 20% of the cost to the City
of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section
475.58, Subdivision 1 (3), shall be paid by special assessments to be levied against every
assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby
covenants and agrees that it will let all construction contracts not heretofore let within one year
after ordering each Improvement financed hereunder unless the resolution ordering the
Improvement specifies a different time limit for the letting of construction contracts. The City
hereby further covenants and agrees that it will do and perform as soon as they may be done all
acts and things necessary for the final and valid levy of such special assessments, and in the
event that any such assessment be at any time held invalid with respect to any lot, piece or parcel
of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken
by the City or the City Council or any of the City officers or employees, either in the making of
the assessments or in the performance of any condition precedent thereto, the City and the City
Council will forthwith do all further acts and take all further proceedings as may be required by
law to make the assessments a valid and binding lien upon such property. The special
assessments have heretofore been authorized. Subject to such adjustments as are required by the
conditions in existence at the time the assessments are levied, it is hereby determined that the
assessments shall be payable in equal, consecutive, annual installments, with general taxes for
the years shown below and with interest on the declining balance of all such assessments at the
rates per annum not less than the rate per annum set forth opposite the collection years specified
below:
1649072vl --- 16
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Improvement Designation
Levy Collection
Amount Years Years Rate
$ %
C
At the time the assessments are in fact levied the City Council shall, based on the then-
current estimated collections of the assessments, make any adjustments in any ad valorem taxes
required to be levied in order to assure that the City continues to be in compliance with
Minnesota Statutes, Section 475.61, Subdivision 1.
17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and
interest on 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 mounts as follows:
Year of Tax Levy Year of Tax Collection
Amount
See Attached Levy Schedule
The tax levies are such that if collected in full they, together with estimated collections of
special assessments and other revenues herein pledged for the payment of the Bonds, will
produce at least 5% in excess of the amount needed to meet when due the principal and interest
payments on the Bonds. The tax levies shall be irrepealable so long as any 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. 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
1649072vl 17
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notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
19. Compliance With Reimbursement Bond Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a)
Not later than 60 days after the date of payment of a Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will
have made a written declaration of the City's official intent (a "Declaration")
which effectively (i) states the City's reasonable expectation to reimburse itself for
the payment of the Reimbursement Expenditure out of the proceeds of a
subsequent borrowing; (ii) gives a general and functional description of the
property, project or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the
City and the general functional purpose thereof from which the Reimbursement
Expenditure was to be paid (collectively the "Project"); and (iii) states the
maximum principal amount of debt expected to be issued by the City for the
purpose of financing the Project; provided, however, that no such Declaration
shall necessarily have been made with respect to: (i) "preliminary expenditures"
for the Project, defined in the Reimbursement Regulations to include engineering
or architectural, surveying and soil testing expenses and similar prefatory costs,
which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and
(ii) a de minirnis amount of Reimbursement Expenditures not in excess of the
lesser of $100,000 or 5% of the proceeds of the Bonds.
(b)
Each Reimbursement Expenditure is a capital expenditur~ 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)
(d)
The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but
not prior to) the issuance of the Bonds and in all events within the period ending
on the date which is the later of three years after payment of the Reimbursement
Expenditure or one year after the date on which the Project to which the
Reimbursement Expenditure relates is first placed in service.
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.
1649072vl
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Provided, however, that the City may take action contrary to any of the foregoing covenants in
this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that
such action will not impair the tax-exempt status of the Bonds.
20. Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission 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, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of
certain material events with respect to the Bonds in accordance with the Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
(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
modifications thereof or additions thereto as are (i) consistent with the requirements under the
Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
21. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
22. Certificate of Registration. The Clerk is hereby directed to file a certified copy of
this resolution with the Director of Property Tax and Public Records of Hennepin County,
Minnesota, together with such other information as the Director shall require, and to obtain the
1649072vi 1 9 --~
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Director's certificate that the Bonds have been entered in the Director'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 the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City
hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or
permit them to be used, or to enter into any deferred payment arrangements for the cost of the
Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the
meaning of Sections 103 and 141 through 150 of the Code.
25. Tax-Exempt Status of the Bonds; Rebate. 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
(a) requirements relating to temporary periods for investments, (b) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment
earnings to the United States, if the Bonds (together with other obligations reasonably expected
to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception
amount of $5,000,000.
For purposes of qualifying for the exception to the federal arbitrage rebate requirements
for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and
declares that (a) the Bonds are issued by a governmental unit with general taxing powers, (b) no
Bond is a private activity bond, (c) 95% or more of the net proceeds of the Bonds are to be used
for local governmental activities of the City (or of a governmental unit the jurisdiction of which
is entirely within the jurisdiction of the City), and (d) the aggregate face amount of all
tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate
entities thereof, and all entities treated as one issuer with the City) during the calendar year in
which the Bonds are issued and outstanding at one time is not reasonably expected to exceed
$5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code.
26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds
as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
Code;
the Bonds are not "private activity bonds" as defined in Section 141 of the
1649072vl 20
- 1504-
(c) the City hereby designates the Bonds as "qualified tax-exempt
obligations" for purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds, treating qualified 501 (c)(3) bonds as not being private activity
bonds) which will be issued by the City (and all entities treated as one issuer with the
City, and all subordinate entities whose obligations are treated as issued by the City)
during this calendar year 2004 will not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by the City during this
calendar year 2004 have been designated for purposes of Section 265(b)(3) of the Code.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses to U. S. Trust Company
N.A., Minneapolis, Minnesota on the closing date for further distribution as directed by the
City's financial advisor, Ehlers.
28. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
29. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The foregoing resolution was moved by Councilmember and seconded by
Councilmember 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.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
1649072vl 21
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF MOUND
I, the undersigned, being the duly qualified and acting Clerk of the City of Mound,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council, duly called and held on the
date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding
the sale of $1,785,000 General Obligation Improvement Bonds, Series 2004A.
WITNESS my hand on May__, 2004.
Clerk
1649072vl 22
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EXHIBIT A
Bid Tabulation
C
1649072vl
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CITY OF MOUND
RESOLUTION NO. 04-
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$1,675,000 GENERAL OBLIGATION REVENUE BONDS, SERIES 2004B
AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES
A. WHEREAS, the City of Mound, Minnesota (the "City"), owns and operates a
municipal water utility system (the "Water System"), a municipal sewer utility system (the
"Sewer System"), and a municipal storm sewer utility system (the "Storm Sewer System" and,
together with the Water System and the Sewer System, the "System"), as separate revenue
producing public utilities and there are outstanding (i) $1,355,000 original principal amount of
General Obligation Water and Sewer Revenue Bonds, Series 2003B, dated July 1, 2003, which
are payable from the net revenues of the Water System and Sewer System and (ii) $1,585,000
original principal amount of General Obligation Bonds, Series 200lA, dated July 11, 2001,
$760,000 original principal amount of which is payable from the net revenues of the Storm
Sewer System and $570,000 original principal amount of which is payable from the net revenues
of the Water System (together, the "Outstanding Bonds"); and
B. WHEREAS, the City Council has heretofore determined that it is necessary and
expedient to issue $1,675,000 General Obligation Revenue Bonds, Series 2004B (the "Bonds" or
individually, a "Bond"), pursuant to Minnesota Statutes Chapter 475, Section 444.075 to finance
improvements to the System (the "Project") and individually, (i) the portion of the Project
described as financing the water utility portion of the 2004 Street Reconstruction, CSAH 15, Well
#8 and telemetry is hereinat~er referred to as the "Water System Project"; (ii) the portion of the
Project described as financing the sewer utility portion of the 2004 Street Reconstruction,
telemetry for Well #8 and slip lining for the sanitary sewer included in the street project is
hereinafter referred to as the "Sewer System Project"; and (iii) the portion of the Project
described as financing the storm sewer utility portion of the 2004 Street Reconstruction and
CSAH 15 is hereinafter referred to as the "Storm Sewer System Project"; and
C. WHEREAS, the City has retained Ehlers and Associates, Inc., in Minneapolis,
Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was
therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been
solicited by Ehlers; and
D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the Clerk, or designee, at the offices of Ehlers, at 10:00 A.M., this same day pursuant to the
Terms of Offering established for the Bonds; and
E. WHEREAS, it is in the best interests of the City that the Bonds be issued in
book-entry form as hereinafter provided; and
1649083vl
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Mound,
Minnesota, as follows:
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates
of interest hereinafter set forth, and to pay therefor the sum of $ ., plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser.
The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to
the unsuccessful bidders their good faith checks or drafts.
2. Bond Terms.
(a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds
shall be dated June 22, 2004, as the date of original issue and shall be issued forthwith on or after
such date as fully registered bonds. The Bonds 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"). The Bonds shall mature on February 1 in the years and amounts
as follows:
Year Amount Year Amount
2005 2016
2006 2017
2007 2018
2008 2019
2009 2020
2010 2021
2011 2022
2012 2023
2013 2024
2014 2025
2015
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) 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
1649083v I
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complying with this requirement under paragraphs 6 and 11 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner"). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, 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 11, 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
1649083vi
3
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notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations to the Depository required by the Depository as a condition to its acting
as book-entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book-entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in
book-entry form shall be limited in principal amount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 6
hereof, make a notation of the reduction in principal amount on the panel provided on the
Bond stating the amount so redeemed.
(c) Termination of Book-EntlW 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
1649083vi
4
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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 11. To the extent that the
Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 11, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 11.
(d) 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; Cost. The Bonds shall provide funds to finance the Project in the City.
The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes,
Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants
that it shall do all things and perform all acts required of it to assure that work on the Project
proceeds with due diligence to completion and that any and all permits and studies required
under law for the Project are obtained.
4. Allocation of Bonds to Water System Portion, Sewer System Portion and Storm
Sewer System Portion; Allocation of Prepayments to Portions of Debt Service. The aggregate
principal amount of $ maturing in each of the years and amounts hereinafter set forth
are issued to finance the Water System Project, the cost of which is attributable to the Water
System (the "Water System Portion"). The aggregate principal amount of $
maturing in each of the years and amounts hereinafter set forth are issued to finance the Sewer
System Project, the cost of which is attributable to the Sewer System (the "Sewer System
Portion"). The aggregate principal amount of $ maturing in each of the years and
amounts hereinafter set forth are issued to finance the Storm Sewer System Project, the cost of
which is attributable to the Storm Sewer System (the "Storm Sewer System Portion"):
Year
Water System Sewer System Storm Sewer System
Portion Portion Portion
(Amount) (Amount) (Amount)
2005
2006
2007
2008
2009
2010
2011
2012
1649083vl
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2013
2o14
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service
(and hence allocated to the payment of Bonds treated as relating to a particular portion of debt
service) as provided in this paragraph. If the source of prepayment moneys is the general fund of
the City, or other generally available source, the prepayment may be allocated to either or any of
the portions of debt service in such amounts as the City shall determine. If the source ora
prepayment is excess net revenues of the Water System for the Water System Project, the
prepayment shall be allocated to the Water System Portion of debt service. If the source of the
prepayment is taxes levied or excess net revenues of the Sewer System for the Sewer System
Project, the prepayment shall be allocated to the Sewer System Portion of debt service. If the
source of the prepayment is taxes levied or excess net revenues of the Storm Sewer System for
the Storm Sewer System Project, the prepayment shall be allocated to the Storm Sewer System
Portion of debt service.
5. Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2005,
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
2005 2016
2006 2017
2007 2018
2008 2019
2009 2020
2010 2021
2011 2022
2012 2023
2013 2024
2014 2025
2015
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6. Redemption. All Bonds maturing on February 1, 2013 and thereafter, shall be
subject to redemption and prepayment at the option of the City on February 1, 2012, 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, those Bonds remaining unpaid which
have the latest maturity date shall be prepaid first; 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 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 his, her or its attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by such Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
7. Bond Registrar. ., in ,
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 13.
8. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
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C
UNITED STATES OF AMERICA
STATE OF MINNESOTA
HENNEPIN COUNTY
CITY OF MOUND
GENERAL OBLIGATION REVENUE BOND, SERIES 2004B
Interest Rate Maturity Date Date of Original Issue
February 1, 20 June 22, 2004
CUSIP
C
REGISTERED OWNER: CEDE & CO.
PRINCI?AL AMOUNT:
The City of Mound, Hennepin County, Minnesota (the "Issuer"), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns, in the manner hereinafter set forth, the principal amount specified above, on
the maturity date specified above, unless called for earlier redemption, and to pay interest
thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment
Date"), commencing February 1, 2005, 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 ., in .,
Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly
appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by
check or draft mailed to the person in whose name this Bond is registered (the "Holder" or
"Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at
the address appearing thereon at the close of business on the fifteenth day of the calendar month
next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so
timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular
Record Date, and shall be payable to the person who is the Holder hereof at the close of business
on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date shall be given
to Bondholders not less than ten days prior to the Special Record Date. The principal of and
premium, if any, and interest on this Bond are payable in lawful money of the United States of
America. So long as this Bond is registered in the name of the Depository or its Nominee as
provided in the Resolution hereinafter described, and as those terms are defined therein, payment
of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be
made as provided in the Letter of Representations, as defined in the Resolution, and surrender of
this Bond shall not be required for payment of the redemption price upon a partial redemption of
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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.
Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2013 and
thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1,
2012, 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, those Bonds
remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the
Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed
for redemption.
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 his, her or its
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a
new Bond or Bonds of the same series having the same stated maturity and interest rate and of
any Authorized Denomination or Denominations, as requested by such 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 $1,675,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by
the City Council on May 25, 2004 (the "Resolution"), for the purpose of providing money to
finance improvements to the municipal water system, the municipal sewer system and the
municipal storm sewer system within the jurisdiction of the Issuer (together, the "System"). This
Bond is payable out of the General Obligation Revenue Bonds, Series 2004B 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.
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Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attomey
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided on the reverse side hereof with respect to the
Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither
the Issuer nor the Bond Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law; that the
Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect
charges for the service, use and availability of the System at the times and in amounts necessary
to produce net revenues, together with other sums pledged to the payment of the Bonds, adequate
to pay all principal and interest when due on 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 the Bonds as they respectively become due, if the net revenues from the System, and
1649083vl
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any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor;
and that this Bond, together with all other debts of the Issuer outstanding on the date of original
issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed
any Constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Mound, Hennepin County, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures of its
Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
Date of Registration:
Registrable by:
Payable at:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
CITY OF MOUND, HENNEPIN COUNTY,
MINNESOTA
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
/s/ Facsimile
Mayor
., Minnesota
Bond Registrar
/s/ Facsimile
City Manager
By
Authorized Signature
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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
(Gust) (Minor)
Uniform Transfers to Minors Act
under the
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond
and 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.)
1649083vl
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PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
DATE AMOUNT AUTHORIZED SIGNATURE
OF HOLDER
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9. Execution; Temporary_ Bonds. The Bonds shall be printed (or, at the request of
the Purchaser, typewritten) and 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, however, that the seal
of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and
provided further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law.
In the event of disability or resignation or other absence of either such officer, the Bonds may be
signed by the manual or facsimile signature of that officer who may act on behalf of such absent
or disabled officer. In case either such 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, such
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he
or she had remained in office until delivery. The City may elect to deliver, in lieu of printed
definitive bonds, one or more typewritten temporary bonds in substantially the form set forth
above, with such changes as may be necessary to reflect more than one maturity in a single
temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures
of the Mayor and City Manager. Such temporary bonds shall, upon the printing of the definitive
bonds and the execution thereof, be exchanged therefor and cancelled.
10. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is June 22, 2004. The Certificate of Authentication so executed on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this resolution.
11. Registration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
1649083vl
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any Bonds are so sm'rendered 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 cancelled 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 Clerk is hereby authorized
to negotiate and execute the terms of said agreement.
12. 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.
13. Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
14. Treatment of Registered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 13) 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.
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15. 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.
16. Fund and Accounts. There is hereby established a special fund to be designated
the "General Obligation Revenue Bonds, Series 2004B Fund" (the "Fund"), to be administered
and maintained by the Clerk 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 Accounts heretofore established by the City shall continue to be
maintained in the manner heretofore provided by the City. All moneys remaining after paying or
providing for the items set forth in the resolution establishing the Operation and Maintenance
Accounts shall constitute or are referred to as "net revenues" until the Bonds and the Outstanding
Bonds have been paid. There shall be maintained in the Fund the following separate accounts to
which shall be credited and debited all income and disbursements of the System as hereinafter
set forth. The Finance Director of the City and'all officials and employees concerned therewith
shall establish and maintain financial records of the receipts and disbursements of the System in
accordance with this resolution. In such records there shall be established accounts or accounts
shall continue to be maintained as the case may be, of the Fund for the purposes and in the
amounts as follows:
(a) Construction Account. To the Construction Account there shall be credited the
proceeds of the sale of the Bonds, less accrued interest received thereon, capitalized interest and
any unused discount. From the Construction Account there shall be paid all costs and expenses
of 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. Any
balance remaining in the fund after completion of the costs shall be transferred to the Debt
Service Account.
(b) Debt Service Account. There shall be maintained three separate subaccounts in
the Debt Service Account to be designated the "Water System Subaccount", the "Sewer System
Subaccount" and the "Storm Sewer System Subaccount". There are hereby irrevocably
appropriated and pledged to, and there shall be credited to, the separate subaccounts of the Debt
Service Account:
(i) Water System Subaccount. To the Water System Subaccount there shall
be credited: (i) the net revenues of the Water 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
account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the
payment of the principal and interest of the Water System Portion of the Bonds; (ii) a pro
rata share of accrued interest received upon delivery of the Bonds; (iii) a pro rata share of
capitalized interest ($ ), together with interest earnings thereon and subject to
other adjustments as are appropriate to pay interest due on the Water System Portion of
the Bonds on or before ; (iv) a pro rata share of any amount paid
for the Bonds in excess of the minimum bid; (v) any collections of all taxes hereafter
levied in the event the net revenues of the Water System and other funds herein pledged
1649083vl
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to the payment of the principal and interest on the Water System Portion of the Bonds are
insufficient therefor; (vi) a pro rata share of all funds all funds remaining in the
Construction Account after completion of the Water System Project and payment of the
costs thereof; (vii) all investment earnings on funds held in the Water System
Subaccount; and (viii) any and all other moneys which are properly available and are
appropriated by the governing body of the City to the Water System Subaccount. The
Water System Subaccount shall be used solely to pay the principal and interest and any
premiums for redemption of the Water System Portion of the Bonds and any other
general obligation bonds of the City hereafter issued by the City and made payable from
said account as provided by law.
(ii) Sewer System Subaccount. To the Sewer System Subaccount there shall
be credited: (i) the net revenues of the Sewer System not otherwise pledged and applied
to the payment of other obligations of the City, in an mount, together with other funds
which may herein or hereafter from time to time be irrevocably appropriated to the
account sufficient to meet the requirements of Mirmesota Statutes, Section 475.61 for the
payment of the principal and interest of the Sewer System Portion of the Bonds; (ii) a pro
rata share of accrued interest received upon delivery of the Bonds; (iii) a pro rata share of
capitalized interest ($ ), together with interest earnings thereon and subject to
other adjustments as are appropriate to pay interest due on the Sewer System Portion of
the Bonds on or before ; (iv) a pro rata share of any mount paid
for the Bonds in excess of the minimum bid; (v) any collections of all taxes herein or
hereafter levied in the event the net revenues of the Sewer System and other funds herein
pledged to the payment of the principal and interest on the Sewer System Portion of the
Bonds are insufficient therefor; (vi) a pro rata share of all funds all fimds remaining in the
Construction Account after completion of the Sewer System Project and payment of the
costs thereof; (vii) all investment earnings on funds held in the Sewer System
Subaccount; and (viii) any and all other moneys which are properly available and are
appropriated by the governing body of the City to the Sewer System Subaccount. The
Sewer System Subaccount shall be used solely to pay the principal and interest and any
premiums for redemption of the Sewer System Portion of the Bonds and any other
general obligation bonds of the City hereafter issued by the City and made payable from
said account as provided by law.
(iii) Storm Sewer System Subaccount. To the Storm Sewer System
Subaccount there shall be credited: (i) the net revenues of the Storm Sewer System not
otherwise pledged and applied to the payment of other obligations of the City, in an
amount, together with other funds which may herein or hereafter from time to time be
irrevocably appropriated to the account sufficient to meet the requirements of Minnesota
Statutes, Section 475.61 for the payment of the principal and interest of the Storm Sewer
System Portion of the Bonds; (ii) a pro rata share of accrued interest received upon
delivery of the Bonds; (iii) a pro rata share of capitalized interest ($ ), together
with interest earnings thereon and subject to other adjustments as are appropriate to pay
interest due on the Storm Sewer System Portion of the Bonds on or before
; (iv) a pro rata share of any amount paid for the Bonds in excess
of the minimum bid; (v) any collections of all taxes herein or hereafter levied in the event
the net revenues 0fthe Storm Sewer System and other funds herein pledged to the
17
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payment of the principal and interest on the Storm Sewer System Portion of the Bonds
are insufficient therefor; (vi) a pro rata share of all funds remaining in the Construction
Account after completion of the Storm Sewer System Project and payment of the costs
thereof; (vii) all investment earnings on funds held in the Storm Sewer System
Subaccount; and (viii) any and all other moneys which are properly available and are
appropriated by the governing body of the City to the Storm Sewer System Subaccount.
The Storm Sewer System Subaccount shall be used solely to pay the principal and
interest and any premiums for redemption of the Storm Sewer System Portion of the
Bonds and any other general obligation bonds of the City hereafter issued by the City and
made payable from said account as provided by law
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").
17. Excess Net Revenues. Net revenues in excess of those required for the foregoing
may be used for any proper purpose.
18. Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and
declared that the net revenues of the System are sufficient in amount to pay when due the
principal of interest on the Bonds and the Outstanding Bonds and a sum at least five percent in
excess thereof, and the net revenues of the System are hereby pledged on a parity lien with the
Outstanding Bonds for the payment 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 Bonds and such additional obligations and any such pledge and
appropriation of the net revenues of the System may be made superior or subordinate to, or on a
parity with the pledge and appropriation herein.
19. 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
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impose and collect charges for the service, use, availability and connection to the System at the
times and in the mounts required to produce net revenues adequate to pay all principal and
interest when due on the Bonds and the Outstanding 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".
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. Compliance With Reimbursement Bond Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a) Not later than 60 days after the date of payment of a Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will have made a
written declaration of the City's official intent (a "Declaration") which effectively (i) states the
City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional
description of the property, project or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the ~'Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
19
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the Project, defined in the Reimbursement Regulations to include eng/neer/ng or arch/tectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis mount of Reimbursement
Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the
Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)
the issuance of the Bonds and in all events within the period ending on the date which is the later
of 18 months after payment of the Reimbursement Expenditure or one year after the date on
which the Project to which the Reimbursement Expenditure relates is first placed in service, but
not more than three years after the date 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. Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission 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, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of
certain material events with respect to the Bonds in accordance with the Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
(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
1649083vl
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covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and Manager of the City, or any other officer of the City authorized to act in
their place (the "Officers") are hereby authorized and directed to execute on behalf of the City
the Undertaking in substantially the form presented to the City Council subject to such
· modifications thereof or additions thereto as are (i) consistent with the requirements under the
Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
23. 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 irrevocably pledged. If the net revenues of the System
appropriated and pledged to the payment of principal and interest on the Bonds, together with
other funds irrevocably appropriated to the Debt Service Account 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
payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City
which are available for such purpose, and such other funds may be reimbursed without interest
from the Debt Service Account when a sufficient balance is available therein.
24. Certificate of Registration. The Clerk is hereby directed to file a certified copy of
this resolution with the Director of Property Tax and Public Records of Hennepin County,
Minnesota, together with such other information as the Director shall require, and to obtain the
Director's certificate that the Bonds have been entered in the Director's Bond Register.
25. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
26. Negative Covenant as to Use of 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.
27. Tax-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
(a) requirements relating to temporary periods for investments, (b) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment
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C
C
earnings to the United States if the Bonds (together with other obligations reasonably expected to
be issued and outstanding at one time in this calendar year) exceed the small-issuer exception
amount of $5,000,000.
For purposes of qualifying for the exception to the federal arbitrage rebate requirements
for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and
declares that (a) the Bonds are issued by a governmental unit with general taxing powers, (b) no
Bond is a private activity bond, (c) ninety-five percent or more of the net proceeds of the Bonds
are to be used for local governmental activities of the City (or of a governmental unit the
jurisdiction of which is entirely within the jurisdiction of the City), and (d) the aggregate face
amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all
subordinate entities thereof, and all entities treated as one issuer with the City) during the
calendar year in which the Bonds are issued and outstanding at one time is not reasonably
expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code.
28. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds
as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds, treating qualified 501 (c)(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2004 will
not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2004 have been designated for purposes of Section 265(b)(3) of the Code.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
29. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses to U. S. Trust Company
N.A., Minneapolis, Minnesota on the closing date for further distribution as directed by the
City's financial advisor, Ehlers.
30. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
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31. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The foregoing motion was moved by Councilmember and seconded by
Councilmember 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.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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C;
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF MOUND
I, the undersigned, being the duly qualified and acting Clerk of the City of Mound,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council, duly called and held on the
date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding
the sale of $1,675,000 General Obligation Revenue Bonds, Series 2004B.
WITNESS my hand on May ,2004.
Clerk
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EXHIBITA
Bid Tabulation
1649083vl
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C;
C
CITY OF MOUND
RESOLUTION NO. 04-
RESOLUTION PROVIDING FOR THE ISSUANCE AND
SALE OF $500,000 GENERAL OBLIGATION EQUIPMENT
CERTIFICATES, SERIES 2004C, AND LEVYING A TAX
FOR THE PAYMENT THEREOF
A. WHEREAS, the City of Mound, Minnesota (the "City"), has heretofore
determined and declared that it is necessary and expedient to issue $500,000 General Obligation
Equipment Certificates, Series 2004C (the "Certificates" or individually, a "Certificate"),
pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance
the purchase of various items of capital equipment for the City (the "Project") and each item of
equipment to be financed by the Certificates has an expected useful life at least as long as the
term of the Certificates; and
B. WHEREAS, the mount of the Certificates to be issued does not exceed one-
quarter of one percent (0.25%) of the market value of the taxable property in the City
($ times 0.25% is $ ); and
C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville,
Minnesota CEhlers"), as its independent financial advisor for the sale of the Certificates and was
therefore authorized to sell the Certificates by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Certificates have been
solicited by Ehlers; and
D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the City Clerk, or designee, at the offices of Ehlers, at 10:00 A.M., this same day pursuant to
the Terms of Proposal established for the Certificates; and
E. WHEREAS, it is in the best interests of the City that the Certificates be issued in
book-entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Motmd,
Minnesota, as follows:
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase the Certificates, in accordance with the Terms of Proposal
established for the Certificates, 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 Certificates are
hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the
Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts.
2. Certificate Terms.
(a) Original Issue Date; Denominations; Maturities; Term Bond Option. The
Certificates shall be dated June 22, 2004, as the date of original issue, shall be issued forthwith
1649174v 1
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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 the maturity dates and in amounts as follows:
Maturity Date Amount
12/01/2005 $ 95,000
12/01/2006 100,000
12/01/2007 100,000
12/01/2008 100,000
06/01/2009 105,000
As may be requested by the Purchaser, one or more term bonds may be' issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Certificate(s).
(b) 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
Certificates, and to this end:
(i) The Certificates 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 Certificate for each maturity of the Certificates; and for
purposes of complying with this requirement under paragraphs 5 and 10 Authorized
Denominations for any Certificate shall be deemed to be limited during the Book Entry
Only Period to the outstanding principal amount of that Certificate.
(ii) Upon initial issuance, ownership of the Certificates shall be registered in a
bond register maintained by the 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 Certificates neither the City nor the Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Certificates as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Certificates
shown on the books and records of the Participant (the "Beneficial Owner"). Without
limiting the immediately preceding sentence, neither the City, nor the 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 Certificates, or (B) the delivery to any Participant, any Owner or any other person,
other than the Depository, of any notice with respect to the Certificates, including any
notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any
other person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Certificates, or (D) the consent given or other action
1649174vi
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taken by the Depository as the Register Holder of any Certificates (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 Certificates are
credited on the record date identified in a listing attached to the omnibus proxy.
(iv) The City and the Registrar may treat as and deem the Depository to be the
absolute owner of the Certificates for the purpose of payment of the principal of and
premium, if any, and interest on the Certificates, for the purpose of giving notices of
redemption and other matters with respect to the Certificates, 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 Certificates, and for all purpose whatsoever. The Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Certificates only to or upon the Holder of the Holders of the Certificates 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 Certificates to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the 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, references to the
Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Certificate is registered in the name of a Nominee, all
payments with respect to the principal of and premium, if any, and interest on such
Certificate and all notices with respect to such Certificate shall be made and given,
respectively, by the 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 Certificates (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 Certificates, collectively hereinafter referred to as the
"Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Certificate 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 Certificates.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or 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 Registrar may establish a special
record date for such consent or other action. The City or the Registrar shall, to the extent
1649174vl
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possible, give the Depository notice of such special record date not less than 15 calendar
days in advance of such special record date to the extent possible.
(ix) Any successor 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.
(c) 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 Certificates 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 Certificate 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
Certificate that the Beneficial Owners be able to obtain certificates for the Certificates,
the Certificates 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 Certificates shall designate at that time, in accordance with paragraph 10 hereof. To
the extent that the Beneficial Owners are designated as the transferee by the Holders, in
accordance with paragraph 10 hereof, the Certificates will be delivered to the Beneficial
Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10.
(d) 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 Certificates shall provide funds to finance 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 Certificates.
4. Interest. The Certificates shall bear interest payable semiannually on June 1 and
December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 2004,
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 dates as follows:
1649174vi 4 -
- 1536-
Maturity Year
Interest Rate
12/012005
12/012006
12/012007
12/01/2008
06/01/2009
5. No Redemption. The Certificates shall not be subject to redemption and
prepayment prior to their stated maturity dates.
6. Registrar. ., in , Minnesota, is
appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar"),
and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any
contract the City and Registrar shall execute which is consistent herewith. The Registrar shall
also serve as paying agent unless and until a successor paying agent is duly appoimed. Principal
and interest on the Certificates shall be paid to the registered holders (or record holders) of the
Certificates in the manner set forth in the form of Certificate and paragraph 12.
7. Form of Certificate. The Certificates, together with the Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
1649174vl 5
- 1537-
UNITED STATES OF AMERICA
STATE OF MINNESOTA
HENNEPIN COUNTY
CITY OF MOUND
R- $
GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2004C
Interest Rate
Maturity Date Date of Original Issue CUSIP
June 22, 2004
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Mound, Hennepin County, Minnesota (the "Issuer"), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns, in the manner hereinafter set forth, the principal amount specified above, on
the maturity date specified above, without option of prepayment, and to pay interest thereon
semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"),
commencing December 1, 2004, 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 Certificate 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 Certificate are payable upon presentation and surrender
hereof at the principal office of , in , Minnesota
(the "Registrar"), acting as paying agent, or any successor paying agent duly appointed by the
Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft
mailed to the person in whose name this Certificate is registered (the _"Holder") on the
registration books of the Issuer maintained by the Registrar and at the address appearing thereon
at the close of business on the fifteenth day of the calendar month next preceding such Interest
Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be
payable to the person who is the Holder hereof as of the Regular Record Date, and shall be
payable to the person who is the Holder hereof at the close of business on a date (the "Special
Record Date") fixed by the Registrar whenever money becomes available for payment of the
defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten
days prior to the Special Record Date. The principal of and premium, if any, and interest on this
Certificate are payable in lawful money of the United States of America. So long as this
Certificate is registered in the name of the Depository or its Nominee as provided in the
Resolution hereinafter described, and as those terms are defined therein, payment of principal of,
premium, if any, and interest on this Certificate and notice with respect thereto shall be made as
provided in the Letter of Representations, as defined in the Resolution. Until termination of the
book-entry only system pursuant to the Resolution, Certificates may only be registered in the
name of the Depository or its Nominee.
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No Redemption. The Certificates of this issue (the "Certificates") are not subject to
redemption and prepayment prior to their stated maturity dates.
Issuance; Purpose; General Obligation. This Certificate is one of an issue in the total
principal amount of $500,000, all of like date of original issue and tenor, except as to number,
maturity, interest rate and denomination, issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City
Council on May 25, 2004 (the "Resolution"), for the purpose of providing money to finance the
purchase of various items of capital equipment for the Issuer. This Certificate is payable out of
the General Obligation Equipment Certificates, Series 2004C Fund of the Issuer. This
Certificate 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 Certificates are issuable solely in fully
registered form in Authorized Denominations (as defined in the Resolution) and are
exchangeable for fully registered Certificates of other Authorized Denominations in equal
aggregate principal amounts at the principal office of the 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 Registrar. Copies of the Resolution are on file in
the principal office of the Registrar.
Transfer. This Certificate is transferable by the Holder in person or by the Holder's
attorney duly authorized in writing at the principal office of the Registrar upon presentation and
surrender hereof to the 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
Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in
exchange for this Certificate, one or more new fully registered Certificates 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 Certificate, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The 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 Certificate and any legal or unusual costs regarding transfers and lost Certificates.
Treatment of Registered Owners. The Issuer and Registrar may treat the person in whose
name this Certificate is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided on the reverse side hereof with respect to the
Record Date) and for all other purposes, whether or not this Certificate shall be overdue, and
neither the Issuer nor the Registrar shall be affected by notice to the contrary.
Authentication. This Certificate 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 Registrar.
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Qualified Tax-Exempt Obligation. This Certificate has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution, laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Certificate, have been done, have happened
and have been performed, in regular and due form, time and manner as required by law, and that
this Certificate, together with all other debts of the Issuer outstanding on the date of original
issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed
any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Mound, Hennepin County, Minnesota, by its City
Council has caused this Certificate 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:
Registrable by:
Payable at:
REGISTRAR'S CERTIFICATE OF
AUTHENTICATION
This Certificate is one of the
Certificates described in the
Resolution mentioned within.
Registr~,r
, Minnesota
By
Authorized Signature
CITY OF MOUND, HENNEPIN COUNTY,
MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
City Manager
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ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Certificate,
shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for under the
(Cust) (Minor)
Transfers to Minors Act
(State)
Uniform
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 Certificate and does hereby
irrevocably constitute and appoint attorney to transfer the Certificate 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 Certificate 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 Registrar will not effect transfer of this Certificate unless the information concerning
the transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Certificate is held by joint account.)
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8. Execution; Temporary Certificates. The Certificates shall be printed (or, at the
request of the Purchaser, typewritten) and 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,
however, that the seal of the City may be a printed (or, at the request of the Purchaser,
photocopied) facsimile; and provided further that both of such signatures may be printed (or, at
the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on
the Certificates as permitted by law. In the event of disability or resignation or other absence of
either such officer, the Certificates may be signed by the manual or facsimile signature of that
officer who may act on behalf of such absent or disabled officer. In case either such officer
whose signature or facsimile of whose signature shall appear on the Certificates shall cease to be
such officer before the delivery of the Certificates, such signature or facsimile shall nevertheless
be valid and sufficient for all purposes, the same as if he or she had remained in office until
delivery. The City may elect to deliver, in lieu of printed definitive certificates, one or more
typewritten temporary certificates in substantially the form set forth above, with such changes as
may be necessary to reflect more than one maturity in a single temporary certificate. Such
temporary certificates may be executed with photocopied facsimile signatures of the Mayor and
City Manager. Such temporary certificates shall, upon the printing of the definitive certificates
and the execution thereof, be exchanged therefor and canceled.
9. Authentication. No Certificate 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
such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by
an authorized representative of the Registrar. Certificates of Authentication on different
Certificates need not be signed by the same person. The Registrar shall authenticate the
signatures of officers of the City on each Certificate by execution of the Certificate of
Authentication on the Certificate and by inserting as the date of registration in the space provided
the date on which the Certificate is authenticated, except that for purposes of delivering the
original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of
original issue, which date is June 22, 2004. The Certificate of Authentication so executed on
each Certificate shall be conclusive evidence that it has been authenticated and delivered under
this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Registrar a certificate register in which, subject to such reasonable regulations as the
Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the
registration of transfers of Certificates entitled to be registered or transferred as herein provided.
Upon surrender for transfer of any Certificate at the principal office of the Registrar, the
City shall execute (if necessary), and the 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 Certificates of any Authorized Denomination or Denominations
of a like aggregate principal amount, having the same stated maturity and interest rate, as
requested by the transferor; provided, however, that no Certificate may be registered in blank or
in the name of "bearer" or similar designation.
At the option of the Holder, Certificates may be exchanged for Certificates of any
Authorized Denomination or Denominations of a like aggregate principal amount and stated
1649174vl
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maturity, upon surrender of the Certificates to be exchanged at the principal office of the
Registrar. Whenever any Certificates are so sun'endered for exchange, the City shall execute (if
necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the
Certificates which the Holder making the exchange is entitled to receive.
All Certificates surrendered upon any exchange or transfer provided for in this resolution
shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City.
All Certificates delivered in exchange for or upon transfer of Certificates shall be valid
general obligations of the City evidencing the same debt, and entitled to the same benefits under
this resolution, as the Certificates surrendered for such exchange or transfer.
Every Certificate 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
Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in
writing.
The 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 Certificate and
any legal or unusual costs regarding transfers and lost Certificates.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Registrar, including regulations which permit the Registrar to close its
transfer books between record dates and payment dates. The City Manager is hereby authorized
to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or
in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and
unpaid, and to accrue, which were carried by such other Certificate.
12. Interest Payment; Record Date. Interest on any Certificate shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Certificate is
registered (the "Holder") on the registration books of the City maintained by the Registrar and at
the address appearing thereon at the close of business on the fifteenth (15th) 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 Registrar whenever money
becomes available for payment of the defaulted interest. Notice of the Special Record Date shall
be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record
Date.
13. Treatment of Registered Owner. The City and Registrar may treat the person in
whose name any Certificate is registered as the owner of such Certificate for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12 above) on, such Certificate and for all other purposes whatsoever
whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be
affected by notice to the contrary.
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14. Delivery; Application of Proceeds. The Certificates 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. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Equipment Certificates, Series 2004C 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 Certificates and the interest thereon
have been fully paid. There shall be maintained in the Fund the following separate accounts:
16. Capital Account. To the Capital Account there shall be credited the proceeds of
the sale of the Certificates, less accrued received thereon, and less any amount paid for the
Certificates in excess of the minimum bid, and less capitalized interest in the amount of
$ (together with interest earnings thereon and subject to such other adjustments
as are appropriate to provide sufficient funds to pay interest due on the Certificates on or before
December 1, 2004). From the Capital Account there shall be paid all costs and expenses of the
acquisition of the Equipment including all costs incurred and to be incurred of the kind
authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used
for no other purpose except as otherwise provided by law; provided that the proceeds of the
Certificates may also be used to the extent necessary to pay interest on the Certificates due prior
to the anticipated date of commencement of the collection of taxes herein levied.
(e) Debt Service Account. There are hereby irrevocably appropriated and pledged to,
and there shall be credited to, the Debt Service Account: (i) all accrued interest received upon
delivery of the Certificates; (ii) all funds paid for the Certificates in excess of the minimum bid;
(iii) capitalized interest in the amount of $ (together with interest earnings
thereon and subject to such other adjustments as are appropriate to provide sufficient funds to
pay interest due on the Certificates on or before December 1, 2004); (iv) all taxes herein and
hereafter levied for the payment of the Certificates; (v) all funds remaining in the Capital
Account after the payment of all costs of the Project; (vi) all investment eamings on funds held
in the Debt Service Account; and (vii) any and all other moneys which are properly available and
are appropriated by the governing body of the City to the Debt Service Account. The Debt
Service Account shall be used solely to pay the principal and interest of the Certificates and any
other general obligation certificates of the City hereafter issued by the City and made payable
from said account as provided by law.
No portion of the proceeds of the Certificates 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 Certificates 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
Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time
to time held in the Capital Account or Debt Service Account (or any other City account which
will be used to pay principal or interest to become due on the certificates 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
1649174vi
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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 Certificates to be "federally guaranteed" within
the meaning of gectlon 149(b3 of the Internal ]~evenue Code of l~)~tg, as amended (t~e 'l~odett).
17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and
interest on the Certificates 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 Levy Schedule
The tax levies are such that if collected in full they, together with other revenues herein
pledged for the payment of the Certificates, will produce at least 5% in excess of the amount
needed to meet when due the principal and interest payments on the Certificates. The tax levies
shall be irrepealable so long as any of the Certificates 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. Defeasance. When all Certificates have been discharged as provided in this
paragraph, all pledges, covenants and other rights granted by this resolution to the registered
holders of the Certificates shall cease. The City may discharge its obligations with respect to any
Certificates which are due on any date by irrevocably depositing with the Registrar on or before
that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid
when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for
the payment thereof in full with interest accrued to the date of such deposit. The City may also
at any time discharge its obligations with respect to any Certificates, 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 bylaw 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, subject
to sale and/or reinvestment, to pay all amounts to become due thereon to maturity.
19. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Certificates, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Certificates
and any other certificates 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.
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20. Continuing Disclosure. The City is the sole obligated person with respect to the
Certificates. 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 each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository CSID"),
if any, for the State of Minnesota, in each case as designated by the Commission 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, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of
certain material events with respect to the Certificates in accordance with the Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
(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 Certificates 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
modifications thereof or additions thereto as are (i) consistem with the requirements under the
Rule, (ii) required by the Purchaser of the Certificates, and (iii) acceptable to the Officers.
21. Certificates of Registration. The Clerk is hereby directed to file a certified copy
of this resolution with the Director of Property Tax and Public Records of Hennepin County,
together with such other information as the Director shall require and to obtain fi'om the Director
of Property Tax and Public Records a certificate that the Certificates have been entered in the
Director's Bond Register and that the tax levy required by law has been made.
22. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Certificates, certified copies of all proceedings and records of the City relating to
the Certificates 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 Certificates 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
1649174vl
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C
affidavits, including any heretofore furn/shed, shall be deemed representations of the City as to
the facts recited therein.
23. Compliance with Reimbursement Bond Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Certificates, 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 60 days after the date of payment of a Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will have made a
written declaration of the City's official intent (a "Declaration") which effectively (i) states the
City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functiOnal
description of the property, project or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of
Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of
the Certificates.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Certificates 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 Certificates and in all events within the period ending on the date which is the
later of three years after payment of the Reimbursement Expenditure or one year after the date on
which the Project to which the Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30
days after the Certificates are issued, shall be treated as made on the day the Certificates 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 Certificates stating in effect
that such action will not impair the tax-exempt status of the Certificates.
1649174vl 15
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24. Negative Covenant as to Use of Proceeds and Equipment. The City hereby
covenants not to use the proceeds of the Certificates or the equipment financed thereby, or to
cause or permit them to be used, or to enter into any deferred payment arrangements for the cost
of the equipment, in such a manner as to cause the Certificates to be "private activity bonds"
within the meaning of Sections 103 and 141 through 150 of the Code.
25. Tax-Exempt Status of the Certificates; 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 Certificates, including without
limitation (a) requirements relating to temporary periods for investments, Cc)limitations on
amounts invested at a yield greater than the yield on the Certificates, and (c) the rebate of excess
investment earnings to the United States if the Certificates (together with other obligations
reasonably expected to be issued and outstanding at one time in this calendar year) exceed the
small-issuer exception amount of $5,000,000.
For purposes of qualifying for the exception to the federal arbitrage rebate requirements
for governmental units issuing $5,000,000 'or less of bonds, the City hereby finds, determines and
declares that (a)the Certificates are issued by a governmental unit with general taxing powers, (b)
no Certificate is a private activity bond, (c) ninety-five percent or more of the net proceeds of the
Certificates are to be used for local governmental activities of the City (or of a governmental unit
the jurisdiction of which is entirely within the jurisdiction of the City), and (d) the aggregate face
amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all
subordinate entities thereof, and all entities treated as one issuer with the City) during the
calendar year in which the Certificates are issued and outstanding at one time is not reasonably
expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code.
26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the
Certificates as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the
Code, the City hereby makes the following factual statements and representations:
(a) the Certificates are issued after August 7, 1986;
Cc)
Code;
the Certificates are not "private activity bonds" as defined in Section 141 of the
(c) the City hereby designates the Certificates as "qualified tax-exempt obligations"
for purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds, treating qualified 501 (c)(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2004 will
not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2004 have been designated for purposes of Section 265(b)(3) of the Code.
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G;
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the
amount of Certificate proceeds allocable to the payment of issuance expenses to U. S. Trust
Company N.A., Minneapolis, Minnesota on the closing date for further distribution as directed
by the City's financial advisor, Ehlers.
28. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions hereof.
29. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The foregoing resolution was moved by Councilmember and seconded by
Councilmember and, after a full discussion thereof and upon 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.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
1649174vl
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF MOUND
I, the undersigned, being the duly qualified and acting Clerk of the City of Mound,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, tree and
complete transcript of the minutes of a meeting of the City Council, duly called and held on the
date therein indicated, insofar as the minutes relate to authorizing the issuance and awarding the
sale of $500,000 General Obligation Equipment Certificates, Series 2004C.
WITNESS my hand on May ,2004.
Clerk
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EXHIBIT A
Bid Tabulation
C
1649174vl
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5341 Maywood Road
Mound, MN 55364
(952) 472-3190
EXECUTIVE SUMMARY- ADDENDUM NO. 3.
TO: Honorable Mayor and City Council
FROM: Sarah Smith, Community Development Director
DATE: May 6, 2004
SUBJECT: Proposed Text Amendments to City Code - Temporary
Structures
Membmne
BACKGROUND
At its May 11, 2004 meeting, the City Council continued the review of the proposed text
amendment to the Zoning Ordinance to regulate membrane structures. Specific issues
included the following:
· Removal of the 180-day restriction for membrane structures.
· Establishment of a minimum 3-foot setback on all sides.
· The location of the existing structure at the Public Works facility located
on Lynwood Boulevard.
· Allowing the use of membrane structure in the commercial and industrial
districts.
COMMENTS
Respectfully, Staff offers the following additional comments:
Staff has prepared a revised draft of the proposed ordinance to reflect the
suggested changes from the City Council and City Attorney -I'iedjen that has
been prepared in "highlighted / strikeout" form. Additionally, a copy of the
previous draft of the proposed ordinance has also been included as
requested by Mayor Meisel.
Public Works Supt. Skinner has verified that the existing membrane structure,
which is located on the inside of the fence, is approximately 4 feet from the
east (side) lot line and 5 feet from the south (front) lot line. Therefore, the
City's existing building would be conforming with the proposed 3-foot setback.
- 1552-
C
CITY OF MOUND
ORDINANCE NO. -200
AN ORDINANCE AMENDING SECTION 350:310 (DEFINITIONS) AND 350:435
(ACCESSORY BUILDINGS) OF THE MOUND CITY CODE
(ZONING ORDINANCE)
TO ADOPT REGULATIONS REGARDING THE PLACEMENT OF ~
MEMBRANE STRUCTURES
The City of Mound does ordain:
Subsection 350:310 (Definitions) of the Mound City Code is hereby amended to add a
new definition for T~:~a,w-Membrane Structure as follows:
A t~structure usually consisting of an aluminum, steel or plastic frame
which is covered with a plastic, fabric, canvas or similar non-permanent material
and is used to provide temper~ry-storage of vehicles, boats, recreational vehicles
or other personal property. The term shall also apply to tcmporaG' structures
commonly known as hoop houses, canopy-covered carports and tent garages
and can be fully or partially covered but shall not apply to boat lifts and canopies
which are placed in public water=
Subsection 350:425 (Accessory Buildings) of the Mound City Code is hereby amended
to add a new Subdivision 8 --Temperary-Membrane Structures as follows:
Permit Procedure. No person shall place a ~membrane structure on
private property without first obtaining a permit from the City. ~
~' ...... * ~"d ....... " Failure
to obtain a permit or to ~., ~shall be considered to be a violation
of the Ci~ Code and subject to the penalties defined therein.
Fee. The permit fee shall be determined by the City Council as set forth in
City Code Chapter ~nn ,.. h,, ,~;,,o,,,.,~ qRfl
C. Special Provisions.
:~ M__membrane-covered buildings shall be permitted uses in
all residential, commercial and industrial districts and shall be neutral
colored (ie. dark green, tan, brown, etc.).
1
- 1553-
ho
There shall be no more than one (1) ~membrane-
structure ........ shall
eeveredstructure....,,..,, ~'' ,;l~lin,~,~ per property and such
not exceed 400 square feet.
:~emt~s-Rf-Mmembrane structures ........ shall not be
placed on public property or in a location Which obstructs traffic
visability.
~Mmembrane-_eever-ed structures shall meet the
3-foot front, side and rear minimum setback requirement.
:Femt~-R~M_membrane structures shall also be included in hardcover
calculations ~ ..... ;'~'"*;"~ ..... '+; .... '~ ..... * ..... ,~ [,~m p~rccnt
~- ~*- ~ record ~-~/~nx ~ ..... ~*" cf record.
Membrane sStructures shall be adequately anchored and/or secured
to the ground.
i. Membrane structure shall be placed a minimum setback of three (3)
feet on all sides.
Passed by the City Council this
Published in The Laker the
Effective on
day of
day of
,200 .
200_.
,200 .
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
2
- 1554-
C:
CiTY OF MOUND
ORDINANCE NO. -200
AN ORDINANCE AMENDING SECTION 350:310 (DEFINITIONS) AND 350:435
(ACCESSORY BUILDINGS) OF THE MOUND CITY CODE
(ZONING ORDINANCE)
TO ADOPT REGULATIONS REGARDING THE PLACEMENT OF TEMPORARY
MEMBRANE STRUCTURES
The City of Mound does ordain:
Subsection 350:310 (Definitions) of the Mound City Code is hereby amended to add a
new definition for Temporary Membrane Structure as follows:
A temporary structure usually consisting of an aluminum, steel orplastic frame
which is covered with a plastic, fabric, canvas or similar non-permanent material
and is used to provide temporary storage of vehicles, boats, recreational vehicles
or other personal property. The term shall also apply to temporary structures
commonly known as hoop houses, canopy-covered carports and tent garages
and can be fully or partially covered.
Subsection 350:425 (Accessory Buildings) of the Mound City Code is hereby amended
to add a new Subdivision 8 - Temporary Membrane Structures as follows:
Permit Procedure. No person shall place a temporary membrane structure on
private property without first obtaining a permit from the City. Each structure
placed in accordance with this section shall be issued a placard that must be
prominently displayed indicating the date of placement and removal. Failure
to obtain a permit or to post the placard shall be considered to be a violation
of the City Code and subject to the penalties defined therein.
Bo
Fee. The permit fee shall be determined by the City Council as set forth in
City Code Chapter 500 or by ordinance.
C. Special Provisions.
Temporary membrane-covered buildings shall be permitted uses in all
residential districts and shall be neutral colored (ie. dark green, tan,
brown, etc.).
b. There shall be no more than one (1) temporary membrane-covered
building per property which shall not exceed 400 square feet.
1
-1555-
Temporary membrane-covered buildings shall not be placed on public
property or in a location which obstructs traffic visability.
d. Temporary membrane-covered structures shall meet the appropriate
setbacks for accessory buildings as set forth in the Zoning Ordinance.
so
Temporary membrane structures shall also be included in hardcover
calculations for residential properties and cannot exceed (40) percent
for lots of record and (30) for non-lots of record.
f. Hardcover regulations shall also apply to temporary membrane-
covered structure.
g. Structure shall be adequately anchored and/or secured to the ground.
Temporary membrane-covered buildings shall not be placed on
residential property for more than (180) days within a (12) month
period on a single premises unless an extension has been applied for
(30) days prior to the expiration and is approved by the City Council
Passed by the City Council this
day of 200_.
Published in The Laker the
day of ,200_.
Effective on
,200 .
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
2
- 1556-
.Wv'l(7
'~7/6 7 ~7
CT O OA4 /V/< 7
.... O0 '0 ~'/ ....
1'02
MINUTES
MOUND ADVISORY PLANNING COMMISSION
MAY 3, 2004
CALL TO ORDER
Chairman Michael welcomed the public and called the meeting to order at 7:06 p.m.
ROLL CALL
Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Becky Glister, Cklair
Hasse, David Miller, Greg Raines, Jon Schwingler and Dave Osmek. Absent and
excused: Michael Mueller; Staff present: Community Development Director Sarah
Smith, Planning Consultant Loren Gordon, and Recording Secretary Jill Norlander.
The following individuals were present: Allison Fish (4629 Hampton Rd); Phil Bowman
(1717 Finch La); Eva Hasch (4804 Northern Rd); David Wiegert (4065 Quaker La,
Plymouth); Jeff Hanratty (1749 Bluebird La)
APPROVAL OF APRIL 197 2004 MEETIN~J~NUTES
It was noted that Greg Raines was liste~ present and absent. Change status to
absent and unexcused.
MOTION by Hasse, second by Schwingler, to approve the minutes of the April 19, 2004
Planning Commission meeting with the requested change. MOTION carried
unanimously.
MOTION by Glister, second by Schwingler, to table the minutes for the joint City
Council/Planning Commission meeting on April 26. MOTION carried unanimously.
APPROVE AGENDA WITH ANY AMENDMENTS
MOTION by Schwingler, second by Raines, to approve the agenda as presented.
MOTION carried unanimously.
BOARD OFAPPEAL~
CASE #04-08 VARIANCE
DECK/PORCH CONSTRUCTION
1749 BLUEBIRD LANE- JEFF HANRATTY
The applicant has submitted a variance request to remodel the existing deck and porch.
The porch will be larger. The variance is needed because of the existing rear yard
- 1 562 -
Planning Commission Minutes
May 3, 2004
setback of 8.6 feet. Required setback is 15 feet.
Findings in support of the variance request include:
1. The applicant did not create the existing property condition.
2. The rear yard setback maintains the existing setback of the current house and porch.
3. The placement of the proposed porch is a logical location.
4. The proposed porch will not increase the current level of nonconformity.
5. The proposed porch will add to the livability of the house.
Staff recommends approval of the variance with the following conditions:
1. The City Engineer review grading and drainage iSsues at the time of building permit
application.
2. The applicant shall be responsible for the payment of all costs associated with the
variance request.
3. The applicant shall be responsible for all necessary building permits.
Discussion
General discussion ensued regarding the e~-~g and proposed conditions on the site.
Jeffrey Hanratty (applicant) clarified a f~ues on the site
drawing.
Ayaz made the point that he would like<~)o see the deck reconstruCted conforming. Staff
responded by indicating the rear setback for a deck was 10 feet making the proposed
deck conforming.
Hanratty was confused about the Commission's comments. The original plan was to
add on to the existing structure with the least amount of change. He would like to
maximize the porch structure because of the weather constraints.
MOTION by Osmek, seconded by Schwingler, to recommend Council approve the
variance as proposed. Osmek amended the motion, seconded by Schwingler, to
require any exterior open deck to be conforming in all respects. MOTION carried
unanimously.
CASE #04-09 VARIANCE
REMODEL/ADDITION
1717 FINCH LANE- PHILIP BOWMAN
The applicant requests a front yard variance to build a second level bedroom over the
existing entry. The bedroom would cantilever 3 feet toward Finch Lane reducing the
setback from 7 to 4 feet. In addition, the applicant will be residing the home to update
its appearance.
- 1563-
5341 Maywood Road
Mound, MN 55364
(952) 472-3190
MEMORANDUM
To:
From:
Date:
Re:
Honorable Mayor and City Council
Sarah Smith, Community Development Director
May 20, 2004
Planning Commission Preliminary Report - Lake Access for Parcels
Which are Physically Separated / Subdivision Procedures
Background. At its April 13, 2004 meeting, the City Council discussed the City's
subdivision procedures and whether splitting off a portion of a lakeshore parcel which
would be tax-combined with an adjacent non-lakeshore parcel for the purpose of
providing lake access was possible. Based on its review, the City Council requested
that the matter be referred to the Planning Commission for discussion. Additionally,
the item was included on the 2004 project list as discussed at the April 26, 2004 joint
workshop.
Planning Commission Review. The matter was preliminarily reviewed by the
Planning Commission at its May 17th meeting. While the Planning Commission is not
adverse to the concept, discussion took place about whether the "dock lot" should
meet the minimum lot area of the zoning district so as to not create a nonconforming
lot. It is important to note that while the new "dock lot" being created physically may
not meet the minimum size, it would be tax-combined with the adjacent property.
The Planning Commission also discussed the need for modifications to the
subdivision regulations and directed Staff to bring back some proposed language for
consideration. A copy of the minute excerpts (draft) from the May 17th meeting have
been included.
Staff would like to request additional discussion with the City Council regarding this
item and also offers the following comments:
LMCD Staff indicated that the "dock lots" would be subject to the provisions of
the LMCD Code. Members of the City Council are advised grandfathering
provisions may be affected for properties that are subdivided.
-1558-
Planning Commission Minutes
May 3, 2004
c. Preliminary discussion of 2004 project list items
· Front setback requirement from unimproved public streets
One of the issues is the undeveloped street that acts more like a side yard but,
according to the code, requires a double front setback as a corner lot because it is
dedicated public right of way. Do we want to make a code change allowing a side
setback in these cases or do we want to evaluate each one as they come up?
Mueller felt that making a front setback requirement in these cases is ridiculous.
Doing an inventory of the unimproved streets for potential for improvement and
establishing a specific setback in those cases makes sense.
· Lake access for parcels which are physically separated - applicable subdivisior~=::::~~.
procedures
Presently, the City's subdivision regulations generally contemplate the creation of
buildable parcels that conform to the ordinance but do not appear to prevent the
creation of "other" types of parcels, such as "dock lots". Private agreements
between property owners could likely be undertaken to provide lake/dock access.
Dock location or installation would be subject to the regulations of the LMCD.
Discussion took place about making the lots subject to the minimum lot size
requirement for the specific zoning district before the subdivision would be allowed.
Additionally, clarifications to the subdivision ordinance to tighten up the
requirements would also likely be needed.
The change would affect some lots on CR 125, CR 144, Black Lake and Seton
have a few parcels, Langdon has a few that are not as critical at this point. A few
up off of West Arm. Even though there is potential for many parcels to be
subdivided in the city but the LMCD currently wouldn't give out dock licenses for
just any size of lot.
Raines felt some if these regulations would restrict the development of currently
vacant parcels within the city.
Mueller brought up several scenarios regarding development of the individual
parcels that would need to be addressed in the process.
Staff was instructed to bring back some language for consideration.
- 1559-
5341 Maywood Road
Mound, MN 55364
(952) 472-3190
MEMORANDUM
To:
From:
Date:
Re:
Planning Commission
Sarah Smith, Community Development Director
May 13, 2004
Agenda Item No. 6C - 2004 Projects List
Lake Access - Physically Separated Lots
Recently, Staff has received a number of inquiries regarding the City's subdivision
procedures and how to split off a portion of a lakeshore parcel which would be tax-
combined with a non-lakeshore parcel for the purpose of providing lake access.
For example, a property exceeding the minimum requirements may consider splitting
off a portion of his / her lot for the purpose of assigning it to an adjacent parcel which
does not include lake frontage. Specifically, there are a number of parcels in Mound
which include property on two sides of a City street and/or County road which include
lakeshore on one side which could be split off independently and/or combined with an
adjacent parcel for the purpose of providing lake access.
If the Planning Commission recalls, the matter was discussed at a recent City Council
meeting who requested that the issue be referred to the Planning Commission for
review and discussion.
Preliminary Staff Comments:
Presently, the City's subdivision regulations generally contemplate the creation
of buildable parcels which conform to the Zoning Ordinance but does not
appear to prevent the creation of "other" types of parcels.
It is important to note that private agreements between property owners could
likely be undertaken to provide lake / dock access. Dock location / installation
would be subject to the regulations of the LMCD.
3. Staff has begun discussions with LMCD Staff regarding the matter.
o
If appropriate, the Planning Commission should discuss whether or not the
subdivision ordinance needs to be revised to reference this type of subdivision.
- 1560 -
330.00
Mound City Code
Section 330 - PLATTING AND SUBDIVISION REGULATIONS
330.01 Purpose. The process of dividing'raw land into home sites, or separate
parcels for other uses, is one of the most important factors in the orderly growth of any
community. Few activities have a more lasting effect upon its appearance and
environment. Once the land has been subdivided and the streets, homes and other
structures have been constructed, the basic character of this permanent additionto-the
community has become firmly established. It is then virtually impossible to alter its basic
character without substantial expense, in most subdivisions, roads and streets must be
maintained and various public services must be provided. The welfare of the entire
community is thereby affected in many important respects. It is, therefore, to the interest of
the general public, the developer and the future owners that subdivisions be conceived,
designed and developed in accordance with sound rules and proper standards.
All subdivisions of land hereafter submitted for approval shall fully comply, in all respects,
with the regulations set forth herein. It is the purpose of these regulations to:
1. encourage well planned, efficient and attractive subdivisions by establishing
reasonable standards for design and construction;
2. provide for the public health, safety and general welfare of residents by requiring
properly designed streets, park land and adequate sanitary sewer, storm sewer and
water service;
3. place the cost of improvements against those benefiting financially from their
construction; and
4. secure the rights of the public with respect to public lands and waters.
The Council of the City .of Mound deems these regulations to be necessary for the
preservation of the health, safety and general welfare of this community. These regulations
have been developed under the authority contained in Section 462.358, Minnesota Statutes
Annotated (M.S.A.), and are supplemented by appropriate sections of Chapter 505, M.S.A.,
as indicated.
330.05 Definitions.
Subd. 1. Block - A tract of land bounded by streets, or by a combination of
streets and public parks, railroad rights-of-way, shoreline of waterways, or boundary
· lines of municipalities.
Subd. 2. Boulevard - That portion of the street right-of-way between the curb
line and the property line.
- 618/03
- 1561 -
Planning Commission Minutes
May 3, 2004
Staff recommends denial of the variance with the following points of support:
1. The proposed setback of 4 feet further encroaches on the front yard setback.
2. It has not been adequately demonstrated that the proposed room addition could be
accommodated in some other manner that wouldn't exacerbate the existing
conditions.
3. Other reasonable alternates may be available to accomplish the intended outcome.
Discussion
Ayaz asked to clarify if outgrowing a house creates a hardship? Gordon indicated that
would be a self-imposed condition not a hardship by definition.
Philip Bowman (applicant) - The house is about 100 years old. He feels the hardship is
the reality of a third child. The additional bedroom is a minimal size.
Miller observed that the impact on the lake view for other Finch Lane residents would be
significant.
It was agreed that the look and usability of th?,~ouse would be vastly improved.
MOTION by Osmek, seconded by Rain~~able action until May 17. MOTION
carried unanimously.
CASE #04-10 VARIANCE
DECK REPLACEMENT
4804 NORTHERN ROAD - EVA HASCHIGREG LUNDE
The applicant, Greg Lunde of Annointed Carpentry, has requested a variance to repair
and replace an existing deck. A small portion of the deck on the northwest side does
not meet the required 50-foot lakeshore setback. The requested variance requested is
5 feet.
Staff wishes to point out that the original construction approval occurred before the
hardcover and 50-foot setback from the OHW regulations were in place.
Staff recommends approval of the proposed variance subject to the following conditions:
1. The lakeside deck shall be located in the same location and shall not encroach
further into the lakeshore setback area.
2. Applicant shall be responsible for payment of all costs associated with the land use
request.
3. No future approval of any development plans and/or building permits is included as
part of this action in the event the variance application is approved.
4. Applicant shall be required to submit all required information upon submittal of the
building permit application.
- 1564-
Planning Commission Minutes
May 3, 2004
5. Applicant shall be responsible for procurement of any and/or all permits.
6. Application shall be subject to comments and recommended .conditions from City
Staff.
Discussion
Greg Lunde, (Applicant) indicated that the gravel driveway could be pared back to
reduce hardcover, if necessary.
MOTION by Osmek, seconded by Miller, to recommend Council approve the variance
as recommended. MOTION carried unanimously.
CASE #04-11 VARIANCE
GARAGE ADDITION
4679 HAMPTON ROAD - ALLISON FISH/SCOTT FREDRICKSON
The applicants have requested a side setback variance to allow construction of a 2-car
garage addition to the home. The requested variance is 10 inches on the west side of
the structure.
The pro~,o, se.,d addition is approximately 22'~'~'. The applicants are also planning to
add a 16 x 6 patio below the existing de~t is located in the SE corner of the house.
approval of the var~'~subject to the following conditions:
Staff
recommends
1. Applicant shall be responsible for payment of all costs associated with the land use
request.
2. No future approval of any development plans and/or building permits is included as
part of this action in the event the variance application is approved.
3. Applicant shall be required to submit all required information upon submittal of the
building permit application.
4. Applicant shall be responsible for procurement of any and/or all permits.
5. Application shall be subject to comments and recommended conditions from City
Staff.
MOTION by Miller, seconded by Ayaz, to recommend Council approve the variance.
MOTION carried unanimously.
OLD I NEW BUSINESS
Reschedulin~ of July 5th Meeting - Consensus was to reschedule to July 12th.
Staff Update - Smith gave a brief overview of current issues and updates.
Council Update - Osmek addressed the downtown traffic issue as well as the
ordinance regarding "hoop houses" that was stalled at the Council level.
- 1565-
Planning Commission Minutes
May 3, 2004
ADJOURNMENT
MOTION by Hasse to adjourn. Seconded and carried by affirmation at 9:09 p.m.
Chair Geoff Michael
Attest, Planning Secretary
- 1566-
MINUTES
MOUND ADVISORY PLANNING COMMISSION
MAY 2004
CALL TO ORDER
Chairman Michael welcomed the public and called the meeting to order at 7:05 p.m.
ROLL CALL
Those present: Chair"Geoff Michael; Commissiorrers.diieckyGlister,-Cklair H asse,
David Miller, Michael Mueller, and Greg Raines. Absent and Excused: Jon
Schwingler, Jori Ayaz, Dave Osmek; Staff present: Planning Consultant Loren
Gordon, and Recording Secretary Jill Norlander.
The following individuals were present: Phil Bowman (1717 Finch Lane), Mark
Krawiecky (1736 Shorewood Lane)
APPROVAL OF APRIL 26~ 2004 AND MAY 37 2004 MEETING MINUTES
MOTION by Mueller, second be Hasse, to accept the minutes of the April 26, 2004
meeting as presented. MOTION carried unanimously.
A change was noted on Page 5, item 2 on the May 3, 2004 minutes. Add the word
not to read "could not be accommodated.
MOTION by Glister, second by Miller, to approve the minutes of the May 3, 2004
Planning Commission meeting as amended. MOTION carried unanimously.
APPROVE AGENDA WITH ANY AMENDMENTS
Agenda was not amended.
BOARD OF APPEALS
CASE #04-09 VARIANCE (CONTINUED FROM 5~3~04)
REMODEL/ADDITION
1717 FINCH LANE - PHILIP BOWMAN
Applicant has revised the original plan to expand the 2nd story addition on the north/
south sides and decrease the east/west measurement. Front setback is going to be
maintained as it currently exists at 7 feet;
Staff recommended approval with the following conditions:
- 1567-
Planning Commission Minutes
May 3, 2004
1. The City Engineer review grading and drainage issues at the time of building
permit application.
2. The applicant shall be responsible for the payment of all costs associated with the
variance request.
3. The applicant shall be responsible for all necessary building permits.
Discussion
Discussion ensued about the expansion of a non-conformance when there is lot area
available for a conforming addition. It was pointed out that this short block has a
number-of-ne n ~co nferm-ing ..... '~; ...........
~,, ,.,~, ...... 2_m d-that *~';,, ,,,, .... ,,, ,,.. is ""*, ,,,, ....... I.
MOTION by Raines, second by Miller, to recommend Council approve the variance
with recommendations. MOTION carried. Voting for: Glister, Miller, Raines and
Mueller. Voting against: Hasse and Michael
Findings of Fact
1. This street is more conducive to these modifications due to a number of non-
conforming properties on the block.
2. Existing non-conforming setback is not likely to change
3. Floor plan is conducive to having the addition in the proposed place.
OLD / NEW BUSINESS
a. Review of survey for 1736 Shorewood Lane
Application has been made for a variance to replace a deck on the lakeside of the
home. Upper level was altered and, in the process, the deck was removed with intent
to replace.
MOTION by Mueller, second by Raines, to accept the survey for use in a future
variance request. MOTION carried unanimously.
b. Review of proposed zoning amendment - lakeshore setback requirement in
the Pedestrian District for commercial and mixed-use structures.
MOTION by Mueller, second by Miller, to recommend acceptance of the change as
proposed. MOTION carried unanimously.
- 1568-
Planning Commission Minutes
May 3, 2004
c. Preliminary discussion of 2004 project list items
· Front setback requirement from unimproved public streets
One of the issues is the undeveloped street that acts more like a side yard but,
according to the code, requires a double front setback as a corner lot because it is
dedicated public right of way. Do we want to make a code change allowing a side
setback in these cases or do we want to evaluate each one as they come up?
Mueller felt that making a front setback requirement in these cases is ridiculous.
establishing a specific setback in those cases makes sense.
· Lake access for parcels which are physically separated - applicable subdivision
procedures
Presently, the City's subdivision regulations generally contemplate the creation of
buildable parcels that conform to the ordinance but do not appear to prevent the
creation of "other" types of parcels, such as "dock lots". Private agreements
between property owners could likely be undertaken to provide lake/dock access.
Dock location or installation would be subject to the regulations of the LMCD.
Discussion took place about making the lots subject to the minimum lot size
requirement for the specific zoning district before the subdivision would be allowed.
Additionally, clarifications to the subdivision ordinance to tighten up the
requirements would also likely be needed.
The change would affect some lots on CR 125, CR 144, Black Lake and Seton
have a few parcels, Langdon has a few that are not as critical at this point. A few
up off of West Arm. Even though there is potential for many parcels to be
subdivided in the city but the LMCD currently wouldn't give out dock licenses for
just any size of lot.
Raines felt some if these regulations would restrict the development of currently
vacant parcels within the city.
Mueller brought up several scenarios regarding development of the individual
parcels that would need to be addressed in the process.
Staff was instructed to bring back some language for consideration.
- 1569-
Planning Commission Minutes
May 3, 2004
d. Next meeting dates: June 7th, June 21st and July 12th
Suggestion was made to cancel the first July meeting and go with the 19th unless a
first meeting is critical.
e. City Council update - Councilman Osmek was not in attendance.
f. Staff update - Gordon expanded upon the Staff Update as submitted in the packet.
ADJOURNMENT
MOTION by Hasse to adjourn. Seconded and carried by affirmation at 9:42 p.m.
Chair Geoff Michael
Attest, Planning Secretary
-1570-
Review Request Item #: $
SKETCH PLAN / REZONE / COMP PLAN AMENDMENT REVIEW: Request from
Halsted Point L.L.C. to redevelop property at 6701 County Road 110 West, and to
rezone said property from R2 (single family residential) to R5 (multi family residential)
Halsted Pointe L.L.C. is seeking to redevelop the existing trailer Court on County Road
110 West. Attached you will find the sketch plan illustrating the proposed seven multi-
family units within both Mound and Minnetrista. In conjunction with a sketch plan
review, they are also seeking the following:
1) A rezone of the property fi:om R2 (single family residential) to R5 (multi
family residential). This rezoning would allow for their proposed 48
condmninktm town-homeunits(appr-oximate!y ll-A3 m,,its-per aore):
2) To accommodate the rezone request, the City's comprehensive plan would
need to be amended to create a new residential land use classification of"high
(multi family)" to allow between 9 and 12 units per acre. Additionally, 6701
County Road 110 West would need to be assigned this new land use
classification.
Also attached is the applicant, s variance narrative for the following questions:
a. A listing of contact information including name(s), address(es) and phone
number(s) of: the owner of record, authorized agents or representatives, engirteer,
surveyor, and any other relevant associates;
b. A listing of the following site data: Address, current zoning, parcel size in acres
and square feet, property identification number(s) (PID), and current legal
description(s);
c. A description of the land's current characteristics (i.e. rolling hills, streams,
wetlands, beautiful views, mature woods, etc.);
d. Information on the proposal:
i. A narrative explaining the intent of the project
ii. The proposed name of the subdivision
iii. Number'Of lots
iv. Description of proposed parks and/or open space
v. Discuss proposed infi:astmcture extensions
e. A statement showing the proposed density of the project with the method of
calculating said density shown;
f. A description of how conflicts with nearby land uses (livability, value, potential
future development, etc.) and/or disturbances to wetlands or natural areas are
being avoided or mitigated;
g. A brief statement on the proposed ownership and maintenance of public and
private open space areas;
h. A narrative addressing concerns/issues raised by neighboring properties (staff
always suggests discussing your proposal with the neighboring land owners to get
a sense of what issues may arise as your application is processed);
-1571 -
i. A proposed development schedule indicating the approximate date when
construction of the project, or stages of the same, can be expected to begin and be
completed (including the proposed phasing of construction of public
improvements and recreational and common space areas).
j. Provide justification that the proposal will not place an excessive burden on roads
(traffic), sewage, water supply, parks, schools, fire, police, or other public
facilities/services (including traffic flows) in the area.
- 1572-
Written Statements
Halstead Pointe LLC
Sketch Plan Application
April 23, 2004
A listing of contact information including name(s), address(es) andphone
· number(s) of: the owner of record, authorized agents or representatives, engineer,
surveyor and any other relevant associates;
Owner of record:
Lake Miunetonka Highlands LLC
6542 Regency Lane, #203
Eden Prairie, MN 55425
Purchasing entity:
Halstead Pointe LLC
Craig Fink
2373 East Old Shakopee Rd
Bloomington, MN 55425
612-385-2252
Project Manager:
KMJ Management LLC
Stephen John.qon
9909 South Shore Drive
Plymouth, MN 55441
612-384-4218
Architect:
Harriss Architects
John Harriss
33'1 Second Ave N
Minneapolis, MN 55401
612-339-2190
Civil Engineer:
James R. Hill, Inc
Joel Cooper
2500 West County Rd 42
Burnsville, MN 55337
952952-890-6044
Surveyor:
MFRA
Henry Nelson
- 1573-
15050 23r~ Ave N
Plymouth, MN 55447
763-476-6010
Environmental & Geo-technical Engineer
Braun Intertee
Mike Heuer
11001 Hampshire Ave S
Bloomington, MN 55438
952-995-2258
Sales & Marketing
Anne Hunt/Jay Nord
952-476-5399/952-927-1119
A listing of the following site data: Address, current zoning, parcel size in acres
and square fee6 property identification numbers (PID) and current legal
description(s); '
The proposed development consists of two PID's straddling the Mound and Minnetrista
boundaries.
6701 County Rd 110 W
PID # 22-117-24-43-0002
COM ON THE NWLY LINE OF HALSTEAD AT A PT 520 8/10 FT N'ELY FROM
THE MOST WLY COR OF HALSTEAD PARK TH NWLY LINE OF HALSTEAD
182,118 sq.ft = 4.181 acres
6639 Bartlett Blvd
PID# 22-117-24-43-0007
HALSTEAD HEIGHTS, LOTS 1, 2 & 3
74,755 sq.ff = 1.716 acres
Property is currently zoned Residential, R-2 / Mobile Home Park
Parcel is approximately 5.897 acres/256,873 sq. ft.
c) A description of the land's current characteristics (i.e. rolling hills, streams,
wetlands, beautiful views, mature woods, etc);
The site is wooded with sloping topography from County Rd 110 down to Halstead's
Bay. There is a pocket of mature, native trees in the NE comer of the property. The
majority of the remaining property is covered with Boxelder and Poplar. There is a bluff
line that was created when the street and utility improvements were done a number of
- 1574-
years ago. Prior to that point the property was farmland that sloped more unifomaly
down to the lake. The upper portion of the property has views of Halstead Bay.
d) Information on the proposal:
i) A narrative explaining the intent of the project
The proposed project consists of seven-eight unit buildings (6 in Minnetrista
and I in Mound) for a total of 56 condominium town-homes. The buildings
will be designed to look like "old Lake Minnetonka" style mansions or
resorts. There will be 4 units spaced along the upper (north) side of the
property and 3 units along the lower (south) portion. Every effort will be
made to have the buildings blend in with the natural topography and feel like
they belong on the site.
The proposed name of the subdivision
Halstead Pointe
Number of lots
N/A
Description of proposed parks and/or open space
Halstead Pointe will attempt to preserve as much open space as possible. The
area between the upper and lower buildings will be designed as a community
"green" area with extensive ponding and landscaping. The shoreline will be
natural vegetation with an area for picnics, a gazebo and a small dock.
Discuss proposed infrastructure extensions
County Road 110 will not be significantly impacted. The number of access
points will actually be reduced. It is not anticipated that replacing the current
mobile home park with condominiums will significantly increase mfffie to the
The sewer service is sufficient to handle the needs of the site. There is
currently a lift station near the site that has ample capacity for the increased
usage of the new units over the current trailers.
- 1575-
Water supply is an issue that pre-dates this development and will continue to
be a problem, with or without this proposed development. There is sufficient
supply and pressure available for domestic use, but not for fire protection. A
series of meetings have occurred with the engineers for the developer, the city
of Mound and the city of Mirmetrista to explore solutions, both short term and
long term. Although a couple of long term solutions have been identified,
these do not appear options that will be available in time to help this project.
An over-sized well built near the site would offer a short term solution for the
development as well as contribute to the city's future needs by being
integrated into the city's system.
~4 statement showing the proposed density of the project with the method of
calculating sam density shown;
The Minnestrista portion of the project is situated on approximately 4.2 acres or
182,950 sq ft. With the planned 48 units on the Minnetfista side, this works out to
11.43 units/acre. A zoning change will be requested to R-5. Under R-5, the project
will be within the 12 units per acre density the zoning allows. Minnetrista's
comprehensive plan does not have a category that matches the R-5 zoning. An
amendment to the comp plan will be sought to have the zoning and comp plan match.
/1 description of how conflicts with nearby land uses(livability, value, potential ·
future development, etc. and/or disturbances to wetlands or natural areas);
It is anticipated that the proposed development will increase value for the surrounding
area as well as the community at large. This property is the eastern gateway to the
city. An attractive, well-designed housing project will be an asset to the area. There
will be very little impact to the neighboring residents as to sight lines and views. The
orientation of the area is toward Halstead's Bay. This project will not block
anybody's views and will improve the view of those entering the community on
County Rd 110. No wetlands or natural areas will be disturbed. The property is
wooded, primarily with Boxelder and Poplar. Every effort will be made to preserve
the natural feel of the property.
A brief statement on theproposed ownership and maintenance of public and
private open space areas;
The private open spaces will be owned and maintained by the Hastead Pointe
homeowner' association. There are no public spaces anticipated.
- 1576-
A narrative addressing concerns/issues raised by neighboringproperties (st~tJf
always suggests discussing your proposal with the neighboring land owners to get a
sense of what issues may arise as your application is processed);
A neighborhood meeting will be held early in the development process to hear and
address any concerns the neighbors may have. Preliminary discussions indicate that
there may be concerns for traffic issues, sight-lines/views and how the development
will fit in with the Lake Minnetonka, semi-rural feel.
0
/1 proposed development schedule indicating the approximate date when
construction of the project, or stages of the same, can be expected to begin and be
completed (including the proposed phasing of construction of public improvements
and recreational and common space areas).
A construction schedule is hard to estimate on this project given the relative
complexity of concurrent applications being processed through two municipalities, as
well as making sure that the closing of the mobile home park is handled in the
appropriate fashion. If all goes well, sales would occur in 2005.
Provide justification that the proposal will not place an excessive burden on roads
(traffic), sewage, water supply, parks, schools, fire, police, or other public
facilities/services (including traffic flows) in the area.
The target market for this development is "Empty Nesters". This type of resident has
a very Iow impact on community services. With one or two non-commuting drivers
per housing unit the impact on roads is minimal. Access to the property will be' off of
County Rd 110. Currently there are several access points - this number will be
reduced. There are now approximately 24 households on the site. Although the
number of units will double, the traffic may not increase significantly, if at all.
Schools will not be affected, except to the extent that the increased value will lead to
a greater tax base to fund schools. There is ample sewage caPacity available now and
for any future growth. Water supply is currently an issue in the community. There is
suffictent domestic water supply, but not enough for fire protection. We propose
building an over-sized well on-site that can be eventually turned over to the city to
assist in the community's fire protection.
Schedule for removal of manufactured home park and associated legal issues.
Every effort will be made to meet both the letter and the intent of the closure statutes.
With two municipalities involved, there will be some scheduling issues to be dealt with.
As the development schedule is firmed up, so will the park closure plan.
- 1577-
Page 1 of 2
Sarah Smith
From:
To:
Sent:
Subject:
"Carlton Moore" <CarltonMoore@cityofmound.com>
"Sarah Smith" <SarahSmith@cityofmound.com>
Tuesday, May 11, 2004 12:09 PM
Fw: Your Questions Yesterday
Sarah, This is the email from Bob Byers I mentioned to you.
Carlton Moore
Public Works Director
City of Mound
5341 Maywood Road
Mound, MN 55364-1687
952-472-0636 work
952-472-0620 fax
..... Original Message .....
From: <Robert. Byers~co.hennepin.mn.us>
To: <carltonmoore~cityofmound.com>
Sent: Tuesday, May 11, 2004 7:53 AM
Subject: Your Questions Yesterday
Page 1 of 1
Sarah Smith
From:
To:~
Sent:
Subject:
"Carlton Moore" <CarltonMoore@cityofmound.com>
~'Sarah Smith" <SarahSmith@cityofmound.com>
Tuesday, May 11, 2004 12:09 PM
Fw: Your Questions Yesterday
> I checked with Marcia Wilda (612-348-8537) who is in charge of property
> management for the Regional Rail Authority. She confirmed what I
initially
> told you the County HCRRA now has completed the abandonment process and
> at the PreSent time no additional actions are planned. There were some
> initial conversations with the Three Rivers Regional Park District
> regarding maintaining and operating a trail, however until some
significant ' ' ~ ....
> funding sources are foUnd; no cooperative agreement will be set-up between
> our agencies. She also confirmed that there are some major future costs
> out there for repair or replacement of the tressels and buffering from
> homes that have minimal setback from the trail.
>
- 1578- 5/11/2004
· - 1579-
-1580-
HENNEPIN COUNTY WEEKLY MEETING AGENDA
CP 9417 SAP 27-615-16
DAN ALLMARAS
TED KRUSE
ANDY LEITH
HENNEPIN COUNTY CONST
HENNEPIN COUNTY CONST
HENNEPIN COUNTY ENVIOR.
2
JEREMY GIBBS
LARRY SIKKILA
PARK CONSTRUCTION
PARK CONSTRUCTION
3 SUBCONTRACTORS
~.~~_.. --.
4 UTILITIES
5 CITY OF MOUND
- 1581 -
HENNEPIN COUNTY WEEKLY MEETING AGENDA
CP 9417 SAP 27-615-16
DAN ALLMARAS
TED KRUSE
ANDY LEITH
HENNEPIN COUNTY CONST
HENNEPIN COUNTY CONST
HENNEPIN COUNTY ENVlOR.
2 JEREMY GIBBS
LARRY SIKKILA
PARK CONSTRUCTION
PARK CONSTRUCTION
- 1582-
LAKE MINNETONKA CONSERVATION DISTRICT
BOARD OF DIRECTORS
7:00 PM, Wednesday, April 28, 2004
Tonka Bay City Hall
CALL TO ORDER
Skramstad called the meeting to order at 7:01 p.m.
ROLL CALL
Members present: Tom Skramstad, Shorewood; Jose Valdesuso, Excelsior; Bob Ambrose, Wayzata; Orv
Burma, Mound; Miles Canning, Greenwood; Debbie Halvorson, Orono; Pete Nelson, Victoria; Tom Scanlon,
Spring Park; Tom Seuntjens, Uinnetonka Beach. Also present: Charles LeFevere, LMCD Counsel; Greg Nybeck,
Executive Director; Judd Harper, Administrative Technician.
Members absent: Doug Babcock, Tonka Bay; Bert Foster, Deephaven; Paul Knudsen, Minnetrista; Herb Suerth,
Woodland; Katy Van Hercke, Uinnetonka.
CHAIR ANNOUNCEMENTS, Chair Skramstad
There were no Chair Announcements.
READING OF MINUTES-4/14/04 LMCD Regular Board Meeting
Skramstad asked for comments or entertained a motion to approve the draft minutes as submitted.
Harper recommended that a change needed to be made to the motion under the Queen of Excelsior, Inc. public
hearing on page 4. He stated that the condition to "approve a full refund of the $3,000 preliminary investigation
fee" should be removed and the following inserted in its place "approve a refund of $1,150 to Sunboat Cruises of
Lake Minnetonka for the duplicate fees they submitted for 2004".
MOTION: Seuntjens moved, Nelson second to approve the minutes from the 4/14/04 Regular LMCD Board
Meeting with the change recommended by Harper.
VOTE: Ayes (8), Abstained (1, Skramstad); motion carried.
PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.)
There were no comments from the public on subjects not on the agenda.
CONSENT AGENDA- Consent agenda items identified with a (*) will be approved in one motion unless a Board
member requests discussion of any item, in which case the item will be removed from the consent agenda.
Seuntjens moved, Nelson seconded to approve the consent agenda as submitted. Motion carried unanimously.
Items so approved include: lB, Hennepin County Sheriff's Office Water Patrol Significant Activity Report, 2C,
2004 Multip_l_e Dock and DMA Licenses, staff recommends Board approval of 2004 renewal without change
- 1 583-
Lake Minnetonka Conservation District
Regular Board Meeting
April 28, 2004 _
applications for Al and Alma's, Minnetonka Yacht Club (DMA), and Wayzata Marine, 3B, March financial
summary and balance sheet, and 4A, Minutes from the 4/9/04 EWM/Exotics Task Force Meeting.
Page 2
LAKE USE & RECRETATION
A. Three Rivers Park District, presentation of "2003 Water Quality of Lake Minnetonka" Repod by John
Baden.
Skramstad stated that John Baden from the Three Rivers Park District was in attendance to review the
"2003 Water Quality of Lake Minnetonka" Repod. He welcomed Baden on behalf of the Board and
asked for an overview of the 2003 Repod
Baden thanked the Board for its initial and continued funding suppod of the water quality sampling
program on Lake Minnetonka. Similar to recent years, 16 bays were monitored on Lake Minnetonka.
2003 was a relatively good year compared to 2002. Eight bays met the criteria for full recreational use in
2003 compared to four or five in 2002. In general, the water quality on bays on the east end of the lake
had better water quality than those on the west and nodh ends of the lake. He provided an overview of
the key chads included in the 2003 Report.
A number of questions were asked by the Board that Baden addressed. Some of these included: 1)
What was the definition of full recreational use that the Three Rivers Park District used, 2) How Three
Rivers Park District determined the bays to be included in the sampling program and whether Smithtown
Bay could be added in the future, 3) The possible impact of water quality on Lake Minnetonka with the
recently adopted state legislation that prohibits using fedilizer with phosphorous in it, 4) Whether density
of housing and docks on a specific bay has an impact on phosphorous levels in that bay, 5) The nutrient
impact of tributaries leading into Lake Minnetonka compared to internal loading, 6) What impact the
LMCD harvesting program has on the removal of phosphorous on Lake Minnetonka, 7) An explanation of
the effect decomposing curlyleaf pondweed had on phosphorous levels and whether programs existed to
address this, and 8) the ability of wetlands to improve water quality concerns by removing nutrients.
Nybeck stated that the financial contribution of the LMCD from the 2003 "Save the Lake" Budget for the
water quality sampling program was $3,000. In the 2004 "Save the Lake" Budget, he believed that the
Three Rivers Park District was requesting $3,000 for the Lake Minnetonka water quality sampling
program.
MOTION: Seuntjens moved, Canning seconded to approve $3,000 of "Save the Lake" funds for the 2004
Lake Minnetonka water quality sampling program.
VOTE: Motion carried unanimously.
Skramstad thanked Baden on behalf of the Board and informed the public that a copy of the 2003 Repod
was available in the LMCD office.
C. Additional Business.
There was no additional business.
- 1584-
Lake Minnetonka Conservation District
Regular Board Meeting
April 28, 2004 - Page 3
2. WATER STRUCTURES
A. Kenneth Peterson, consideration of draft Findings of Fact and Order for approval of a dock length
variance application at 1074 Wildhurst Trail on Forest Lake.
Skramstad asked for background from Nybeck on this agenda item.
Nybeck stated that LeFevere had prepared draft Findings for consideration by the Board consistent with
the Board discussion at the 4/14/04 Regular Meeting and the staff memo. He entertained questions or
comments from the Board on the draft Findings.
MOTION: Halvorson moved, Seuntjens seconded to approve the Kenneth Peterson Findings of Fact and
Order for a dock length variance at 1074 Wildhurst Trail.
VOTE: Motion carried unanimously.
B. Shorewood Yacht Club (Site 2), consideration of 2004 renewal, without change, multiple dock license
Application.
Skramstad asked for background from Nybeck on this agenda item.
Nybeck made the following comments:
· Mr. John Cross has submitted a renewal without change multiple dock license for Shorewood
Yacht Club (Site 2) on Gideon Bay in the City of Shorewood. The facility is considered a legal
conforming facility for density purposes because it was granted a special density license in 2001
for 35 Boat Storage Units (BSU's) on 350' of continuous shoreline. Without this special density,
the maximum number of BSU's it could be licensed for is seven.
· Traditionally, renewal without change multiple dock license applications are approved by the
Board through the consent agenda. However, the Board did not consider the 2003 renewal
without change application through the consent agenda because staff expressed concern that this
multiple dock facility and the adjacent multiple dock facility, Shorewood Yacht Club (Site 1), were
not in compliance with LMCD Code and license requirements in 2002. The Board approve the
2003 renewal without change applications for both multiple dock facilities with two conditions.
These included: 1) discontinuing the illegal storage of unauthorized boats on the backside of the
main walkway between the two sites, with the removal of any unauthorized structure by 5/15/03,
and 2) the applicant coming into conformance with providing and maintaining all public amenities
that are required by the 1/24/01 special density license order.
· Staff had three primary concerns in 2002 regarding the illegal storage of watercraft on the
backside of the main walkway and unauthorized structure. These included: 1) two BSU's from
Site 1 were illegally relocated on the back side, 2) three boats were being stored in unauthorized
locations on the backside of the main walkway, and 3) an illegal seasonal dock structure was
installed as a bridge between the land for Sites 1 and 2. Based on the multiple dock inspections
conducted in 2003, the seasonal dock and the unauthorized storage of watercraft had been
resolved. With regards to the removal of unauthorized structure by the 5/15/03 deadline, the
decking was removed by this deadline but the removal of the pilings for the unauthorized BSU's
was not removed until the last 30 days.
· The primary concern that staff had in 2002 regarding approved public amenities was that the
- 1 585-
Lake Minnetonka Conservation District
Regular Board Meeting
April 28, 2004
Page 4
applicant documented that he did not provide the public amenity that required him to "Provide free
charter boat excursions or fishing trips for at least 100 handicapped or underprivileged persons
per year". In 2003, approval of his renewal without application required him to "Provide free
charter boat excursions or fishing trips for at least 200 handicapped .or underprivileged persons"
to compensate for this public amenity not being provided in 2002. Based on the documentation
provided by the applicant, this public amenity was not provided again in 2003.
· The applicant has communicated that they provide more than enough public amenities to meet
the minimum number of points required by LMCD Code, 20. If the applicant would like to amend
the public amenity points required for the approved special density license, he believed that this
was a valid request. However, he recommended that the Board not allow the applicant to
substitute these amended public amenities for those that he did not provide in 2002. He
recommended that any Board approval of the 2004 renewal application should have a condition
that would require to "Provide free charter boat excursions or fishing trips for at least 200
handicapped or underprivileged persons" by a date established by the Board.
He expressed concern about the proposed public amenity of a "Dry Sail Program" because this
might be qualified as "off-lake" storage and would be prohibited by LMCD Code. This was raised
during the public hearing in 2000 for the approved special density license and the attorney
representing the applicant stated that it would cease if it did not comply with LMCD Code.
· He did not make a recommendation on the 2004 renewal without change multiple dock license
application; however, he believed there were two options for the Board to consider. First, the
Board could notify the applicant that it would be scheduling a public hearing to revoke its special
density license because they have not been providing the approved public amenities annually.
Second, the Board could approve the 2004 renewal application with conditions deemed
necessary. Conditions deemed necessary by the Board could include: 1) how to deal with public
amenities not provided in 2002 and 2003, 2) how to deal public amenities to be provided by the
applicant in 2004 and future boating seasons, and 3) requiring the applicant to provide additional
information for the ""Dry Sail Program" to ensure that it does not qualify as "off-lake" storage
based on LMCD Code Section 2.045.
· He entertained questions or comments from the Board.
Canning asked for clarification of the "Dry Sail Program" proposed.
Nybeck recommended that the applicant should clarify this question.
Mr. John Cross, owner of Shorewood Yacht Club (Site 2), stated that his wife ran the day to day
operations of the property. He was unaware of the "Dry Sail Program" referred to in the staff memo. It
has not been conducted in recent years. He pointed out that they had a sailing school and that staff had
clarified where the unrestricted watercraft associated with the sailing school needed to be stored.
Nybeck stated that it was not uncommon for yacht clubs to have a sailing school that uses sailboats that
qualify as an unrestricted watercraft. This is not prohibited at a multiple dock facility as long as they are
entirely stored on land out of the water. When these unrestricted watercraft are stored in the water, they
need to be located at authorized BSU locations and each BSU can store only one unrestricted watercraft.
LeFevere stated that for the purposes of determining whether an activity to store boats on land would
qualify as "off-lake" storage, unrestricted watercraft would not qualify. When an unrestricted watercraft is
- 1586-
Lake Minnetonka Conservation District
Regular Board Meeting
April 28, 2004 - Page 5
stored in the water at a licensed multiple dock facility, there is not a distinction between restricted and
unrestricted watercraft.
Nybeck stated that the reference to the proposed public amenity for a "Dry Sail Program" was included in
the letter submitted by the applicant, dated 4/16/04. This was proposed by the applicant originally in
2000; however, it did not make the approved public amenities because there was concern that the
activitY might qualify as "off-lake" storage. This has been proposed again for 2004 and further
clarification might need to be provided to verify whether it would qualify as "off-lake" storage.
Ms. Judy Cross, owner of Shorewood Yacht Club (Site 2), stated that "Dry Sail Program" has not been
conducted by the yacht club since it was brought her and her husband's attention that it might qualify as
"off-lake" storage. If it was included in the proposal to amend the public amenities for 2004, it was
mistakenly included in the 4/16/04 letter. She pointed out that the six outboard motor rental boats were
being stored in authorized BSU locations.
Skramstad stated that there appeared to be sufficient public amenities in the approved special density
license order to allow for some amendments in 2004 and continue to meet the minimum points required
by LMCD Code. He believed that the primary discussion of the Board should be to discuss what public
amenities have not been provided in recent years.
Nybeck stated that he believed the applicant was primarily proposing to amend the approved public
amenities by eliminating the amenity that requires them to "Provide free charter boat excursions for at
least 100 handicapped or underprivileged persons per year". If this public amenity is deleted, they would
have more than an adequate number of public amenity points, approximately 60, to meet the minimum
20 points required by LMCD Code.
Canning stated that if the applicant provided more than an adequate number of public amenity points in
2002 and 2003 than required by LMCD Code, would it be appropriate to not require the applicants to
make up the charter boat public amenity not provided in 2002 and 2003.
Nybeck stated that he would recommend the Board require to provide the public amenities they did not
provide in 2002 and 2003 because they were proposed by the applicant in 2000.
Skramstad questioned the applicants whether they were comfortable providing more public amenities
than the minimum required by LMCD Code.
Ms. Judy Cross stated that she was unclear on what the Board would like her and her husband to do. If
the Board would like them to provide 20 public amenity points, they will do so. If the Board would like
them to provide more, they also would be willing to do so because they believe in giving back to the
community, The problem associated with the free charter boat public amenity was that handicapped
persons cannot get on their boats.
Nybeck stated that a significant number of the approved public amenities would be provided by the
applicant, whether or not the points are reduced to 20. He cited vegetative screening and shoreline
protections as two examples. He suggested that the Board should focus its discussion on how to emend
the public amenities for the 2--004 season and then focus its discussion on what to do for the public
- 1587-
Lake Minnetonka Conservation District
Regular Board Meeting
April 28, 2004
amenities not provided in 2002 and 2003.
Page6
LeFevere stated that the Code allows the Board latitude on what public amenities to accept and the
associated point values. In this example, the applicants have proposed a greater number of public
amenities than the minimum number of points required by Code. Because of this, the review by the
Board of points associated with each approved public amenity may not have been detailed. He
encouraged the Board to be careful in deleting a public amenity after the fact because the Board might
not have accepted the remaining amenities if it had.
Seuntjens questioned whether discussion of the full list of public amenities, and their availability, took
place originally. He believed that there was a need to improve the process of reviewing proposed public
amenity points, including the possible public amenities and their associated point values.
Nybeck stated that the point values proposed in the 4/16/04 letter from the applicants are consistent with
LMCD and the staff memo discussed by the Board originally in 2000. He noted that "PUBLIC ACCESS"
amenities are valued at 10 points, that "ENVIRONMENTAL PROTECTION" amenities are valued at five
points, and "PUBLIC SERVICE" amenities are valued at three points.
Nelson stated that he believed it appeared that the applicants provide a significant number of public
amenity points up and above the 20 points required for the special density license. It appears that the
applicants have agreed to provide more public amenities in excess of the 20 points required by Code to
allow them the latitude what they provide on an annual basis. He believed that the Board would like the
applicants to propose public amenities that total 20 points that they agree to provide on an annual basis.
LeFevere questioned whether the Board took the time in 2000 when the special density license
application was originally approved to assign a point value for each approved public amenity. If the
Board approves the request of the applicants to amend their public amenities, the Board should conduct
this exercise to ensure that the facility meets the minimum of 20 amenity points.
Skramstad stated that he believed the public amenity point section for special density licenses needs
review by the Board.
Nybeck stated that there are other facilities around the lake that have approved public amenities when
the point values associated with them greatly exceed the minimum point values required by Code. He
pointed out that there have been other facilities around the lake that are required to provide free charter
boat trips to the handicapped or underprivileged on an annual basis that have not been provided. In
these examples, the license required the doubling of this public amenity the following boat season and
the applicant has followed through on this license requirement.
Canning stated that he had sympathy for the applicants because they are providing the majority of the
public amenities on the special density license order. He concurred with Nelson that the applicants are
providing more than enough public amenities required by Code and that they would like to have the
latitude on which amenities they provide on an annual basis. He did not believe the Board should punish
the applicants for a misunderstanding of which public amenities they did not provide in previous years.
Ms. Judy Cross stated that one of the problems they have had associated with the free charter boat
- 1588-
Lake Minnetonka Conservation District
Regular Board Meeting
April 28, 2004 - Page 7
excursions trips was that handicapped persons could not get access into their sailboats.
LeFevere stated that the Board adopted the point system for public amenities after the ordinance was
originally adopted to make the review of the Board more objective. He pointed out that the latitude of the
Board was whether to accept a proposed public amenity rather than deciding how many points to assign
to a public amenity. With regards to free charter boat excursion trips, this is not limited to handicapped
persons because it can also be provided to underprivileged persons.
Nybeck stated there has been some suggestion that the applicants did not understand their license
requirements in 2003. He believed that the language on the license sent out in the spring to the
applicants in 2003 was quite clear. It stated "Subject to Variance Order 1/24/01; Special Density License
Order 1/24/01; Subject to discontinuing the illegal storage of the watercraft(s) on the backside of the main
walkway, with the removal of any unauthorized dock structures or bridges by 5/15/03, and the applicant
coming into conformance with providing and maintaining all public amenities that are required by the
1/24/01 Special Density License Order with the applicant required in 2003 to provide free charter boat
excursions or fishing trips for at least 200, rather than 100, handicapped or underprivileged persons to
compensate for this public amenity not being provided in 2002. (Documentation needs to be provided at
the end of the 2003 boating season)."
Seuntjens stated that he believed the problem was associated with the process. He suggested that he
believed that staff could do a better job of communicating with the applicants about prioritizing public
amenities. He questioned why the Board ever approved the free charter boat excursion public amenity.
He recommended that the list of public amenities, staff work, and communications could be improved.
LeFevere stated that anyone could provide the free charter boat public amenity because it would not
require the applicant to own a charter boat.
MOTION: Canning moved, Nelson seconded to approve the 2004 Shorewood Yacht Club (Site 2)
renewal without change multiple dock license application: 1) subject to the applicant fine-tuning
the public amenities with staff, and 2) review by the Board at the 5/12/04 Regular Meeting.
The Board discussed how to' deal with the applicants non-compliance of the free charter public amenity
for 200 handicapped or underprivileged persons in 2002 and 2003. The consensus of the Board was
waive this license requirement from 2002 and 2003. Canning and Nelson agreed to this as a friendly
amendment.
LeFevere stated that staff cannot decide what public amenities to.accept or what are important to the
Board. He suggested that staff should sit down with the applicants and prioritize the public amenities
prior to review by the Board at the 5/12/04 Regular Meeting.
VOTE: Motion carded unanimously.
B. Additional Business.
There was no additional business.
- 1589-
Lake Minnetonka Conservation District
Regular Board Meeting
April 28, 2004
3. FINANCIAL
A. Audit of vouchers (4/16/04 - 4130104).
Page8
Nybeck reviewed the audit of vouchers as submitted.
MOTION: Ambrose moved, Burma seconded to approve the audit of vouchers as submitted.
VOTE: Motion carded unanimously,
C. Additional Business.
Nybeck stated that the draft 2003 LMCD was being finalized and would be reviewed at the 5/12/04
Regular Board Meeting.
4. EWM/EXOTICS TASK FORCE
B. Evaluation of Truck Hauling Bids for the 2004 EWM/Harvesting Season.
Skramstad asked Nybeck for background on this agenda item.
Nybeck reported that trucking bids were due in the LMCD office by 2 p.m. on 4~22~04. One bid was
received from Curfman's Trucking and Repair, Inc. by this deadline. The bid received was for $58.00 per
hour for one-truck service and $112.00 per hour for two-truck service. The bid submitted by Curfman's
Trucking and Repair, Inc. complies with all bid specifiations. He recommended that the Board award the
contract to haul Eurasian Watermilfoil for the 2004 EWM Harvesting Season to Curfman's Trucking and
Repair, Inc.
MOTION: Seunjtens moved, Burma seconded to award the 2004 Eurasian Watermilfoil trucking contract
to Curfman's'Trucking and Repair, Inc.
VOTE: Motion carried unanimously.
C. 2004 EWM Harvesting Season, staff overview of project.
Skramstad asked Nybeck for background on this agenda item.
Nybeck stated that he believed the staff overview of this project was relatively self-explanatory. The total
EWM/Exotics Budget for 2004 is $133,500, which further breaks down to $106,000 for the EWM
Harvesting Program and $27,500 for the Zebra Mussel Inspection Program. Anticipated revenues for the
2004 EWU/Exotics Budget is $126,000, with the remaining funds to likely be appropriated through the
"Save the Lake" Budget. He reviewed staffing for the 2004 EWM Harvesting Program and recommended
the Board approve the hiring rates outlined in the staff memo.
MOTION: Nelson moved, Scanlon seconded to accept the 2004 EWM/Exotics Budget as proposed and
to authorize the hiring or EWM employees at the rates outlined in the staff memo.
- 1 590-
Lake Minnetonka Conservation District
Regular Board Meeting -
April 28, 2004 - Page 9
Canning stated that there was rumor that there was an interest of some of the member cities to have the
MCWD fund the harvesting program in the future.
Halvorson stated that this concept was raised at a recent Mayors' meeting by the Deephaven Mayor,
Although he was unable to attend this meeting, the Deephaven Mayor suggested that both the MWCD
and the MN DNR should be lobbied to take over the financial responsibilities of the harvesting program.
The Board bdefly discussed this matter and the consensus was to get an update from Board member
Foster on his discussions with the MCWD.
Mr. David Gross, 19700 Lakeview Avenue, stated that he was the recently appointed by the City of
Deephaven to serve on the Board beginning next February. He pointed out that he attended the Mayors'
meeting referenced and the principle issues were that the tax base of the MCWD is substantially larger
than the LMCD and that it is a watershed distdct issue rather than just specifically Lake Minnetonka. He
believed the MCWD has indicated in the past that they would only get involve in the milfoil harvesting
program through financial assistance and that pursuing of this should be focused on the Board of
Managers.
VOTE: Motion carried unanimously.
D. Additional Business.
Halvorson stated that one of the Orono city council members recommended that the LMCD should
pursue public service announcements through the local radio stations,
Nelson updated the Board on the power point presentation promoting a more comprehensive zebra
mussel program. Although it was not complete because the LMCD was awaiting feedback from the MN
DNR, it should be in the near future. He stated that he would be meeting with representatives
the Freshwater Society regarding the possibility of a video tape relating to zebra mussels. Fundraising
of an undetermined amount of funds should commence sometime soon utilizing the "Save the Lake"
program and the LMCD website. He circulated a brochure he prepared regarding invasive species and
what can be done to stop this invasion, He stated that he would keep the Board up to date on this
project.
5. ADMINISTRATION
A. Training Session for Board members on Open Meeting Law.
Skramstad asked LeFevere for background on this agenda item.
LeFevere briefed the Board on Open Meeting Law requirements.
LMCIT Liability Coverage- Waiver Form, discussion by Board on the amount of liability coverage for
2004 and whether to waive monetary limits on municipal tort liability established by Minnesota Statutes
466.04.
Skramstad asked Nybeck for background on this_agenda item.-
-1591 -
Lake Minnetonka Conservation District
Regular Board Meeting
April 28, 2004
Page 10
Nybeck stated that he made a recommendation at the 4/14/04 Meeting for the Board to approve a motion
that: 1) the LMCD does not waive the monetary limits on municipal tort liability established by Minnesota
Statutes 466.04, and 2) the LMCD accepts liability coverage of $2,000,000 from the LMCIT. The Board
did not approve this motion because staff was to investigate why the LMCD in the past has accepted
$2,000,000 of liability coverage rather than $1,000,000 and to clarify what costs are associated with the
increased amount of liability coverage. He stated that he discussed why the LMCD has had the
additional $1,00,000 of liability coverage in the past with the insurance contact and was unable to
conclude exactly why. For the $1,000,000 of additional liability coverage, the insurance agent estimated
that this would cost the LMCD an additional $1,500.
MOTION:
Canning moved, Nelson seconded: 1) that the LMCD accepts liability coverage limits of
$1,000,000 from the LMCIT, and 2) that the LMCD does not waive the monetary limits on
municipal tort liability established by Minnesota Statutes 466.04.
VOTE: Motion carried unanimously.
C. Additional Business.
There was no additional business.
6. SAVE THE LAKE
Nelson stated that he would be working with Board member Babcock, LeFevere, and Nybeck on the logistics
of using the "Save the Lake" Fund as a means of fundraising for the Zebra Mussel project.
7. EXECUTIVE DIRECTOR REPORT
Nybeck updated the Board on three items. First, the lake level on Lake Minnetonka was 928.41' and the dam
closed. Second, he updated the Board on a recent incident that occurred at the new Grays Bay public
access where a large charter boat was launched that caused concern for both the City of Minnetonka and the
MN DNR because the only access the commercial transporter had into the lot was to enter through the
designed exit and jump the curbing because it was too large to enter the lot as designed. He pointed out that
all pods of call for charter boats need to be authorized by each affected city and the Board might want to
consider a similar approval for the launching ramp sites in the spring and fall. Third, he stated that he had
recently met with Board member Ambrose, Wayzata city staff, and LMCC Station Manager Jim Lundberg
regardingthe possibility of using the Wayzata city council chambers for future LMCD Board meeting so that
they could be taped for local cable television. Progress is being made but there is a significant amount of
follow-up work yet to be done. He stated that he and Ambrose would keep the Board informed on this
project.
8. OLD BUSINESS
There was no old business.
9. NEW BUSINESS
- 1 592-
Lake Minnetonka Conservation District
Regular Board Meeting
April 28, 2004
There was no new business.
10. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:40 p.m.
Page 11
Tom Skramstad, Chair
Jose Valdesuso, Secretary
- 1593-
LAKE MINNETONKA CONSERVATION DISTRICT
BOARD OF DIRECTORS
AGENDA
7:00 PM, Wednesday, May 12, 2004
Tonka Bay City Hall
6:30 p.m. (optional)- Viewing of Fresh Water Society videotape "Lake Minnetonka's
Future".
CALL TO ORDER
ROLL CALL
CHAIR ANNOUNCEMENTS, Chair Skramstad
READING OF MINUTES- 4/28/04 LMCD Regular Board Meeting
PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.)
· Abdo, Eick, & Meyers, review of draft 2003 LMCD Audit.
PUBLIC HEARING
· Howards Point Marina, reconfiguration of non-conforming multiple dock license
application.
1. Public Hearing
2. Discussion and/or Consideration
WATER STRUCTURES
A) Shorewood Yacht Club (Site 2), consideration of proposal to amend public
amenities for the 2004 .renewal without change multiple dock license application
that was approved at the 4/28/04 Regular Board Meeting;
B)
Discussion of 5/7104 staff memo that summarizes expenses incurred to be
deducted from the $250 refundable deposits for recently submitted variance
applications;
C) Additional Business;
FINANCIAL
A) Audit of vouchers (5/15/04 - 5/15/04);
B) Review of timetable to consider draft 2005 LMCD Budget;
C) Additional Business;
- 1594-
3. ADMINISTRATION
A) Consideration of staff recommendation for compensation adjustment for
Administrative Technician, Judd Harper (handout);
B) Additional Business;
4. EWM/EXOTICS TASK FORCE
5. LAKE USE & RECREATION
6. SAVE THE LAKE
7. EXECUTIVE DIRECTOR REPORT
8. OLD BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
- 1595-
18338. Minnetonka Blvd.
Deephaven, MN 55391
(952) 745-0789
EXECUTIVE DIRECTOR NEWSLETTER
Gregory S. Nybeck
May 12, 2004
Lake Minnetonka Water Patrol Update: For the fourth consecutive boating season, there will be increased Water
Patrol presence on Lake Minnetonka in 2004 by adding two full-time Hennepin County Sheriff's Office Water Patrol
deputies from mid May through mid October. This project has been highly successful in its first three seasons and
expectations are that it will be successful in 2004. Similar to 2003, this program will be funded 100% by Hennepin
County in 2004. However, continued 100% funding of this program beyond 2004 is questionable due to the
economic challenges that Hennepin County is facing.
Lake Minnetonka Solar Light Buoy Project: For the third consecutive boating season, a solar light buoy project is
planned for 2004. These solar lights were mounted on the top of red and green navigational buoys throughout Lake
Minnetonka in 2002 and 2003. These solar lights have been purchased with "Save the Lake" funds and there has
been a significant amount of positive feedback received from the public. Further expansion of this project is likely in
2004 and steps are being considered to make this solar light project more effective.
Lake Minnetonka Invasive Species Manaqement Programs: The 2004 Eurasian Watermilfoil (EWM) Harvesting
Program is scheduled to commence on or around June 9th and continue until around August 20th. Consistent with
past years, harvesting priorities will be based upon impediment to public boat navigation to open water. The Lower
Lake South option will be implemented in bays that dictate the need for harvesting done at least once, with high
growth areas being harvested twice, time permitting. Please feel free to contact the LMCD office if you have
questions or comments relating to this program.
The LMCD is concerned about the introduction of other invasive species into Lake Minnetonka, with an emphasis on
zebra mussels. In 2002 and 2003, the LMCD worked with the Lake Minnetonka Association on a pilot program to
inspect boats prior to launching at selected public accesses utilizing MN DNR watercraft inspectors. In 2004, this
program is being stepped up even further with inspections to be conducted at high volume public accesses during
peak boating periods. The LMCD is i~vestigating the concept of a more comprehensive beyond 2004 and we will
keep you informed on this. Please feel free to contact the LMCD office if you have questions or comments relating
to this program.
2004 Lake Minnetonka Boat Density and User Attitude Surveys: The Management Plan requires that Boat
Density and User Attitude Surveys be conducted every four years. The last year that this Management Plan project
was conducted was in 2000 and it will be conducted this upcoming summer. The Board awarded the contract to
conduct this project in 2004 to ThomTech Design, Inc. for an amount not to exceed $47,500. Both the LMCD and
the MN DNR will pay 50% of the costs associated with this project. A Report that summarizes the key details of this
project will be available sometime late fall or early winter.
2004 Lake Minnetonka Shoreline Inventory: The LMCD is preparing to conduct an inventory for watercraft storage
on Lake Uinnetonka in 2004 beginning in June. This Management Plan project, which is to be completed every two
years, was last conducted during the 2002 boating season. A Report that summarizes the key details of this project
will be available sometime this fall.
- 1596-
EXECUTIVE DIRECTOR NEWSLETTER, 5112/04, PAGE 2
2005 LMCD Budget: The LMCD has initiated the process for the 2005 LMCD Budget. In accordance with
Minnesota Statues 103B.635, the Board must on or before July 1 of each year prepare and submit a detailed budget
of the District's needs, for the next calendar year, to the governing body of each municipality in the District with a
statement of the proportion of the budget to be provided by each municipality. The first review of the draft 2005
LMCD Budget.is planned for the May 26, 2004 Regular Board Meeting. A meeting will be scheduled in early June in
the LMCD office to review the draft 2005 LMCD Budget with interested city officials. For those city officials unable to
attend this meeting that would like to comment on the draft 2005 LMCD budget, comments will be received by the
LMCD until Monday, June 21,2004. Further review by the LMCD Board of the draft 2005 LMCD Budget is
scheduled for the June 9, 2004 and June 23, 2004 Regular Meetings. A copy of the approved 2005 LMCD Budget
will be forwarded to the 14 member cities by Thursday, July 1, 2004.
On-going Licenses/Permits: The LMCD has generally completed processing all new and renewal applications for
the 2005 season on Lake Minnetonka for multiple dock facilities, district mooring area facilities, charter boat
registrations, and liquor licenses for these charter boats. A number of special event permit applications for Lake
Minnetonka have been processed and this will be on-going throughout the summer. A copy of these permits will be
forwarded to those member cities that are affected by the activities outlined above that are regulated by the LMCD.
Web Page: The LMCD's WebPage address is: http://www.lmcd.org.
- 1597-
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-FridayFax-
A weekly legislative update from the League of Minnesota Cities
Contact State Representatives today
to urge opposition to efforts to remove
local control related to annexation
State lawmakers may consider amendments to
H.F. 2629 (Haas) today or Saturday that would
severely limit the ability of cities to implement
annexation decisions. An amendment was
offered on the House floor last night by Rep.
Peter Nelson (R- Lindstrom) to block Chisago
City and Monticello annexation proposals that
are currently in mediation. No vote was taken
on that amendment last night, as Rep. Bill Haas
(R - Champlin) pulled the bill before that could
occur. Rep. Larry Howes (R - Walker) had a
further amendment at the desk to reinstate
annexation referendum requirements.
These amendments are opposed by the League
of Minnesota Cities, the Coalition of Greater
Minnesota Cities and the Minnesota
Association of Small Cities. Minnesota cities
oppose these amendments bemuse:
° The system is not broken. There are 300-
400 annexations approved in Minnesota
each year. Only 3 or 4 end up as contested
cases, and those are almost always resolved
in mediation. A process that resolves
controversial issues 99% of the time
without ending up in a contested case
hearing is a phenomenal success, not a state
policy crisis in need of sweeping overhaul;
It would strike a blow to local control by
Minnesota cities by imposing a moratorium
on contested annexations larger than 500
acres and would shift leverage in
annexation negotiations overwhelmingly to
townships;
Undermines the cooperative work of cry
and township officials convened by Rep.
Jerry Dempsey, R-Red Wing, and
May 14, 2004
Page 1
Sen. Linda Higgins, D-Minneapolis, to seek
solutions to these difficult issues through
work sessions over the coming summer and
fall. This process should be allowed to
proceed before any changes are made to
existing annexation law.
Annexation law was changed only two
years ago. Cities agreed to address
township concerns by making orderly
annexation agreements legally binding
contracts.
° There will be negative consequences if
these amendments are adopted. These
changes run counter to state goals related to
orderly and responsible land-use planning,
controlling urban sprawl, consistent and
permitted environmental protection through
wastewater and stormwater management,
and successful economic development in
greater Minnesota.
Please call your State Representatives to voice
your opposition to these annexation
amendments to H.F. 2629. A directory of
lawmakers can be found at
http://www.leg, state, mn.us/leg/legdir, asp or by
calling 651.296.2146/800.657.3550.
Questions can be directed to Craig Johnson,
LMC Intergovernmental Relations
Representative, at cjohnson@lmnc, org or
651.281.1259. If you contact your legislators,
please take a moment to send a quick email to
Craig letting him know how it went.
No agreement
With just four days left in the 2004 legislative
session and no agreement between legislative
leaders about how to bring the session to an
orderly close, folks around the capitol are
wondering whether the Legislature will be able
For more information on city legislative issues, contacl any member of the League of Minnesota Cilie~ Inle~governmenlal Relal/ons learn,
651.281.1200 or 800.925.1122
- 1598-
Hap 14 ZflB4 18:85:87 Via Fax -> 95Zq?ZBGZB ~dminis~ra~or P~g~ flBZ 0£ 883
-FridayFax-
A weekly legislative update from the League of Minnesota Cities
to complete its work on several key items. But,
here's what we do know:
-The 2004 session must end by midnight,
Monday May J 7, 2004.
-The Legislature cannot pass bills on the last
day of the session (Monday).
-The House and Senate have agreed not to have
a floor session on Sunday.
-Therefore, only approximately 40 hours
remain for floor action.
- The Timberwolves play tonight.
-Saturday is the fishing opener.
The past three legislative sessions have ended
without the Legislature completing its work
and in each case, the governor called a special
session. This year, the Legislature may not
finish its work--again. But in contrast to the
stalemates in the previous three years, this year
there may be no special session.
Why? There are comparatively few issues the
Legislature must tackle before May 17. The
state's budget deficit could be addressed by
drawing down the state's rainy day reserve or
through other administrative financial
maneuvers. In addition, there is nothing that
requires the state to enact a capital projects
(bonding) bill, which is frequently seen as the
major focus of even-year sessions.
In fact, some legislators are questioning the
need for the even-year session. On Wednesday,
a bill was introduced that would amend the
state's constitution to only allow the
Legislature to meet in odd-numbered years,
which is the budget-setting year.
There have been several public attempts Lo find
a compromise. On Thursday, the Governor and
the House made an offer that would resolve the
state's $160 million deficit. Under the
May 14, 2004
Page 2
proposal, the governor would eliminate $97
million of the problem by canceling an $80
million transfer from the state general fund to
the health care access fund and reducing state
agency operating budgets by an additional $17
million.
The other $63 million of the solution would
have come from provisions contained in the
Governor's plan and the House and Senate
budget bills including the $32 million
acceleration of sales tax collections on car
leases, a modification to cigarette taxes that
would generate $11 million and a series of tax
compliance measures that would generate an
estimated $13 million.
The Senate rejected that offer, in part because it
used short-term or one-time fixes that would
not address what many believe is a much
bigger budget problem on the 2006-07 horizon.
Although the legislative clock is winding down,
there is still time to pass many more bills,
which could include pared-down tax and
bonding bills or a streamlined budget solution.
And of course, a special session might still be a
possibility. One near certainty is that over the
next few days, the Legislature will burn the
midnight oil.
Non-Conforming use amendment
passes the Home
On Wednesday, House members debated
SF 2274 (Vickerman), a bill proposed by the
Alliance for Reasonable Municipal Regulation
(ARMR) that would place limitations on cities'
use of building moratoria. Under current law,
city officials can implement a 12-month
building moratorium to study and evaluate
development options in their cities and extend
that moratorium an additional 18 months.
F0t mote information on city legialalive i,~suea, conlact any member of the I_~ague of Minnesota Cities Intergovemrr~mal Relalion,~ team,
651.281.1200 or 800.925.1122
- 1599-
~ag 14 ZBB4 IB:BS:4B Via F~x ->
95Z4?ZB6ZO Adniois~ra~or
Pag~883 0£ 883
-FridayFax-
A weekly legislative update from the League of Minnesota Cities
After weeks of negotiations, LMC and other
local government groups had reached an
agreement with the proponents of this
legislation to allow an extension for 120 days
beyond the time needed to comply with a
process or approval required by state statute,
federal law or court order, but not to exceed an
additional 18 months. The compromise bill
passed the Senate unanimously and we
expected the House to pass a clean bill without
any amendments. Unfortunately, that was not
the case.
While Rep. Buesgens, the House author, agreed
to pass a clean bill, the proponents breached
our agreement when they amended the bill on
the House floor to include language that would
restrict cities' ability to regulate non-
conforming uses. The non-conforming use
provisions were part of another ARMR
proposal (HF 2057/SF 2251) that did not meet
committee deadlines in the Senate.
Under the ARMR amendment, an entity with a
non-conforming property would be allowed to
make improvements to that property, but could
not expand operations without municipal
approval. The amendment also eliminated the
50 percent damage threshold that allows a city
to require that a substantially damaged non-
conforming use rebuild under current zoning
requirements. The amendment passed on a 71-
61 vote and SF 2274, as amended, was sent
back to the Senate for concurrence.
The League and other city groups called on
members of the Senate to refuse to concur with
the House amendments and send the bill to
conference committee for further discussion.
The bill author and proponents were hesitant to
conferee the bill with so little time left in the
regular session, but they eventually agreed to
talk about a compromise.
May 14, 2004
Page 3
In subsequent discussions, both sides agreed to
leave the 50 percent damage threshold intact,
but only if the owner of the damaged non-
conforming property fails to apply for a
building permit within 180 days o f when the
property is damaged. Under the agreement,
municipalities could also impose reasonable
conditions to mitigate newly created impacts on
adjacent property.
We expect that a conference committee will be
appointed today and that the committee
members will adopt this compromise language
as part of the conference committee report on
SF 2274/HF 2021.
Take part in LMC policy committees
Soon it will be time to begin preparing for the
2005 legislative session with the League's
policy development committees. This is your
opportunity to help the League establish its
legislative policies for the coming two-year
period. There will be 3 to 4 meetings per
policy committee from June through September
held at the League office in St. Paul. The four
policy committees are: Improving Local
Economies, Improving Service Delivery,
Improving Fiscal Futures, Personnel Services.
At LMC Regional Meetings during July and
August, members will have an opportunity to
review the policy issues that policy committee
members crafted during their first meetings in
June. Members will then be able to comment
on the policy committees' draft policies during
the fait Annual Conference to be held
October 9 - 12 in Duluth.
To participate contact Lynn Peterson
651.281.1254 or lpeterson@lmnc.org.
For mor~ information on city legislalive issues, contact any member of the L..~ague of Minnesota Cities Interlgovernmenlal Relations team,
651.281.1200 or 800.925.1122
- 1600-
Ma~ 17 ZBB4 15:55:B7 Via Fax -> 95Z~TZBbZB
The End
-MondayFax-
The House and Senate met into Sunday morning
to complete the work of the 83rd biennial session
of the Minnesota legislature. The final I-louse and
Senate floor sessions were marathonsmthe
Senate convened at 10:00 AM on Saturday
morning while the Rouse convened at 11:30 am.
The Senate adjourned sine die at 7:00 AM on
Sunday morning while the House only
temporarily adjourned at 7:00 AM, only to
reconvene about 15 minutes later to take up the
state labor contract ratification bill and then
adjourn sine die.
A legislative update from the League of Minnesota Cities
May 17, 2004
Page 1
vulnerability and planning information without
those reports having to be publicly released. The
meetings must be public noticed as closed
meetings and must be tape-recorded. Those tapes
must be kept for a minimum of four years.
Below is a brief summary of bills that were
passed or that died in the final days of the
session. We will have a more complete summary
of legislation in this week's Cities Bulletin and in
our Law Summary publication that will be
prepared after the Governor has taken final action
on pending legislation. Under the state's
constitution, final action could take several weeks
- not including the time necessary to process bills
passed in a special session, should the Governor
call legislators back to St. Paul to finish work on
unresolved issues
Bills that passed
.05 D WI threshold (I-IF 97/SF 58)mThe I-Iouse
and Senate passed a bill that will tighten the
standard for drunken driving from 0.10 to 0.08
percent blood-alcohol concentration, effective in
August 2005. The adoption of the .08 standard
will allow Minnesota to continue to qualify for
federal transportation funding.
Data practices/Open meeting law exemptions
(I-IF 2087/SF 1889)--Language proposed by
LMC, AMC, and I-Iennepin County was passed in
the Data Privacy bill that will allow city staff to
present security information to elected officials in
a closed meeting. This will allow elected officials
to be apprised of sensitive homeland security
A provision that would have required cities to
make costly and far-reaching changes to
information management systems used by police
departments, prosecuting attorneys, probation
officers and other local law enforcement agencies
was not included in the final bill during the
waning hours of the session. Representative
Mary Liz I-Iolberg (District 36A-Lakeville) had
proposed new comprehensive requirements for
access to data for individuals (data subjects)
about whom these systems maintain data and for
creation and long-term maintenance of audit trail
data on such records.
Direct deposit (HF I995/SF 1787)~This bill
gives municipalities the authority to require direct
deposit for their employees.
Salary cap study (I-IF 28 74/SF 2 703)--The
Rouse and Senate approved a provision directing
the Legislative Coordinating Commission (LCC)
to complete a study to determine the impacts of
the compensation limit on local units of
government. This study is included in SF 2703,
the department of employee relations hiring
practices bill. The bill was presented to the
governor for approval on May 14, 2004.
Contracting flexibility (I-IF 1717/SF 1790)~The
I-Iouse and Senate approved legislation
authorizing municipalities to use reverse auctions
to purchase supplies, materials, and equipment
and clarifying that local governments may accept
bids and quotes electronically. The bill also
increases the competitive bidding threshold for
small municipalities and gives managers in plan
B cities greater flexibility to make purchases and
negotiate contracts.
For more [nformslion on ally legtslal[v¢ issues, conlacl any member of the Lea,l~ue of Minnesota Cities Inler~overnmental Relalions team.
65L281.~.200 or $00.925.1~.22
- 1601 -
Hay 17 Z~B4 1SISSIS6 Via Fax
->
95Z4?Z6GZO A&ainistrator
Page 06Z Of 604
-MondayFax-
A legislative update from the League of Minnesota Cities
Moratorium/Non-Conforming Use (HF 2057/SF
2251)--LMC reached an agreement with the
Alliance for Reasonable Municipal Regulation
(ARMR) to allow an interim ordinance extension
for 120 days beyond the time needed to comply
with a process or approval required by state
statute, federal law or court order, but not to
exceed an additional 18 months. However, the
compromise bill was amended on the House floor
to include a provision restricting cities' ability to
regulate non-conforming uses. LMC reached a
last-minute agreement to moderate aspects of this
proposal. The agreement keeps the 50 percent
damage threshold intact, but only if the owner of
the damaged non-conforming property fails to
apply for a building permit within 180 days of
when the property is damaged. Municipalities
may also impose reasonable conditions to
mitigate newly created impacts on adjacent
property.
Omnibus liquor bill (SF 2696/HF 2826)--The
legislature approved the omnibus liquor bill
during their final days of session. Among the
provisions: the bill clarifies restrictions on the
location of liquor establishments in proximity to
other public institutions, and grants some liquor
licenses to certain establishments outside current
statute. The bill is on its way to the governor for
signature.
Elections (HF JOO6/SF 986)--The conference
committee report on HF 1006 was adopted in the
last hours of session. Key features in the bill of
interest to cities include an agreement on voter
registration requirements that comply with
federal election reforms (Help America Vote
Act). Those include: definition of mail-in
registrations (applies only to voter registration
applications postmarked or delivered by
commercial carriers); use of state election day
registration requirements for voter eligibility;
voter bill of rights statement posting; and voter
May 17, 2004
Page 2
registration application requirements. The
House and Senate were unable to reach
agreement with each other or with the Secretary
of State regarding use of federal I-lAVA funding
for purchase of assisted voter equipment or for
grants to counties for purchase and/or
replacement of optical scan voting equipment.
That issue will be revisited in the 2005 session.
Telecommunications (HF 2151/SF 2774)--The
legislature adopted the conference committee
report on HF 2151, which contains provisions
(Article 8) initially proposed by the Minnesota
Association of Community Telecommunications
Administrators (MACTA) to streamline and
clarify local franchising requirements in Chapter
238 (cable regulation). Proposals to ease entry of
new cable service providers to compete with
incumbent cable franchise operations were
deleted from the final report when cable industry
representatives as well as two local franchise
authorities (St. Paul and Ramsey-Washington)
objected to terms that MACTA and the League
had negotiated with the Minnesota
Telecommunications Alliance (MTA).
Senator Steve Kelley and Representative Torrey
Westrom, the Senate and House chairs of the
conference committee and the original authors of
the competitive entry legislation (SF
2331/HF2542), indicated that they intend to
introduce legislation in 2005 to accomplish the
goal of encouraging easier competitive entry.
Bills that did not pass
Budget balancing agreement--The failure of the
legislature to adopt any solution to the state's
projected $160 million deficit will either force the
governor to solve the deficit on his own or call
legislators back to St. Paul for a special session.
At this time, unallotment of city aid programs by
the governor seems unlikely due to the relative
size of the state budget reserve.
For more informal/on on cily legislative issues, contact any member' of the League of Minnesota Cities Intergovernmental Relations team.
651.281.1200 or 800.925,1122
- 1602-
Xay 17 2884 15:56:35 Via Fax -> 9524?ZflG20 fl&minis~ra~or Page 083 Of B04
-MondayFax-
A legislative update from the League of Minnesota Cities
Bonding bill (SF 3057/HF 2991)--The
legislature adjourned without agreeing to a
bonding bill. The failure to adopt a bonding bill
means that traditional biennial funding has not
been provided for wastewater and drinking water
infrastructure, road and bridge repair, housing,
economic development, and many other specific,
local projects. This is one of the areas that could
be dealt with in a special session if the two bodies
and the Governor can reach some sort of a deal
ahead of time.
Tax bill (HF 2540/SF 2302)---For the first time in
recent memory, the House and Senate also
adjourned without agreeing on a major tax bill.
Within the now-deceased House and Senate
versions, there were provisions that would have
restored of $60 million of the 2003 city aid cuts,
provided local option sales tax authority for first,
second and third class cities (cities over 10,000
population), modified tax increment financing
statutes including several city specific TIF
requests, as well as other changes to the property
tax system. A tax bill could become a part of a
special session agenda--should the governor call
legislators back to St. Paul.
Public finance bill (HF 3081/SF 2302 article 6)--
The legislature failed to pass the annual public
finance bill. Among the items of interest to cities
were a provision that would have allowed cities
to extend the term from 5 to 10 years for
certificates of indebtedness when purchasing
capital equipment, authority to issue capital notes
for computer software, the extension of the sunset
date for cities' special service districts and
modifications to the state's business subsidies
statutes.
Annexation amendments--The League and other
city groups were successful in preventing any
language from being passed during the final days
of the legislative session that would change
annexation statutes. On Friday, during
May 17, 2004
Page 3
consideration of HF 2629, a Department of
Administration bill, Representative Bill Haas, the
bill's author first tried to remove any references
to annexation contained in the bill to make an
annexation amendment non-germane. He was
only partially successful and as expected, an
amendment was offered by Representative Pete
Nelson that would have placed a moratorium on
annexations of more than 500 acres.
Representative Haas chose to table his bill which
along with the annexation moratorium
amendment and another amendment that would
have reinstated township referendum votes on
proposed annexations, were never reconsidered
before adjournment.
Eminent domain (I-IF 1901/SF 2037)-- The
House Omnibus Transportation bill (HF 2247)
included a provision supported by the auto
dealers that would require a city to prove by a
preponderance of evidence that a taking for
redevelopment serves a primarily public purpose.
The League and other local government groups
proposed an alternative approach that would have
required cities to hold public hearings and
articulate on the record the public benefits
derived from the proposed acquisition. We also
suggested a change in the standard of proof by
requiring a reviewing court to find that
"substantial evidence" exists to support the city's
condemnation decision. While changes to
eminent domain did not pass this legislative
session, LMC committed to the House and Senate
authors to continue working on this issue in the
interim.
Homeowners' protection act (t-IF 180I/SF
2248)--This legislation included provisions that
would have required continuing education for
building inspectors and additional building code
enforcement reporting. The Senate version also
would have provided a property tax reduction for
structures that are uninhabitable due to mold
contamination.
For more information on oily le~:ialalive is,,uea, conlacl any rnemb~ of Ihe l.,~agu~ of Minnesota Cities lnl~govetnrr~nlal Relaliona team.
653..281.:].200 or 800.925.1122
- 1603-
->
95Z4?ZSGZ8 ~dminis~ra~or
Page 804 Of 084
-MondayFax-
A legislative update from the League of Minnesota Cities
County plat approval (I-IF 1913/SF 2600)--City
and county groups negotiated a compromise that
would have required developers to submit
information regarding "plat roadway elements" to
the county engineer at least 30 days before
submitting the preliminary plat to the city. The
builders expressed concerns that this new
requirement would essentially extend the plat
review process by at least 30 days. The House
bill contained language that would have included
the submission to the county engineer within the
120-day preliminary plat approval limit-leaving
cities less time to review and approve a
preliminary plat. In the end, no changes were
enacted this session.
Administrative fines (HF 2243/SF 1951)mA
bill that would have given cities authority to
use administrative fines for speeding violations
under 10 miles/hour did not pass. The bill was
heard and laid over in the Local Government
and Metropolitan Affairs committee, and no
hearings were scheduled on the Senate
companion bill. No proposals to limit authority
in this area were offered this session.
Compensation limits (HF ] 7591SF 2713)m
Legislation repealing the compensation limit
for local government employees did not move
forward, but the House and Senate both
approved a legislative study to determine the
impacts of the compensation limit on local
units of government. This study will help set
the stage for changes to the salary cap next
session.
Pay equity reporting (SF 1782/HF 2215)m The
Senate passed a bill that would have rolled-back
the changes made to pay equity reporting that
were enacted in 2003. Provisions removing the
five-year reporting extension and eliminating the
moratorium on pay equity reports due in 2005,
May 17, 2004
Page 4
were also included in the Senate's omnibus
supplemental appropriations bill (HF 2028). The
House companion bill did not meet the committee
deadline, and no action was taken on the budget
bill. As a result, no changes were enacted this
se.~.~ion.
Retirements
Following legislative custom, the end of the
biennium is punctuated with farewell speeches by
those members not seeking reelection. After
adjournment on Sunday morning, the House
continued for nearly another hour as the
following departing members said goodbye:
Representative Dale Walz (R-Brainerd)-District
12A
Representative Steve Strachan (R-Farmington)-
District 36B
Representative Dick Borrell (R-Waverly) District
19B
Representative Carl Jacobson (R-Vadnais
I--Ieights)-District 54B
Representative Eric Lipman (R-Lake Elmo)-
District 56A
Representative Elaine Harder (R-Jackson)-
District 22B
Representative Doug Stang (R-Cold Spring)-
District 14B
In addition, there have been reports that other
members may not seek reelection including:
Representative Len Biernat (DFL-Minneapolis)-
District 59A
Representative Arlon LiMner (R-Corcoran)-
District 32A
For more information on city legislative issue-,, contacl any member of Ihe League of Minnesola Cities Inlergovernmenlal Relations team.
651.281.1200 or 800.925.1122
- 1604-
General Fund $1,003,840
CDBG 1,114
Area Fire Protection Services 261,843
Dock 236,324
G.O. Bonds 2001 - C 96,522
Commerce Place TIF (292,751)
TIF 1-2 Notes (5,530)
G.O. Bonds 2001 - A 7,122
G.O. Bonds 2003 - A 176,853
HRA Lease Rev Bonds (235,381)
Capital Improvement 2,966,316
MSA 20,014
Sealcoat 38,809
CDB 4,264
Downtown TIF 1-2 241,621
HRA Public Safety Bldg
9,467
Water 1,506,735
Sewer 1,165,207
Liquor Store (348,411)
Recycling 11,736
Storm Water 290,310
Fire Relief (38,567)
HRA 0
Note:
The above schedule shows the combined cash and investment balances
by fund for the months indicated as recorded in the General Ledger.
The balances do not reflect receivable, payables, authorized transfers,
encumbered funds, or dedicated/reserved resources, etc.
Only some accrued transactions are reflected. Investment income will be
distributed to the funds at the end of the year and is not included.
A long and complete process is followed to record all transactions, before
we close the books, at the end of the year. In addition, the audit from the
independent auditor is performed and an official Comprehensive Report
will be presented to the City Council and made available to interested parties.
In no way this schedule is intended to represent balances of funds
available for spending.
05112~2004
CashReportCouncil
Gino
- 1605-
CITY OF MOUND
BUDGET REVENUE REPORT
April 2004
33.33%
GENERAL FUND
Taxes
Business Licenses
Non-Business Licenses/Permits
Intergovernmental
Charges for Services
Court Fines
Franchise Fees
Street Lighting Fee
Charges to Other Dpts
Other Revenue
April 2004 YTD
BUDGET REVENUE REVENUE
2,222,510
9,150
273,500
368,200
257,050
100,000
352,000
75,000
14,000
38,600
0
2 380
10 046
12 693
4 771
9 864
57 507
9.757
69
29O
PERCENT
VARIANCE RECEIVED
0 (2,222,510) 0.00%
5,530 (3,620) 60.44%
34,472 (239,028) 12.60%
12,693 (355,507) 3.45%
19,979 (237,071) 7.77%
24,977 (75,023) 24.98%
143,319 (208,681) 40.72%
34,919 (40,081)
2,648 (11,352) 18.91%
853 (37,747) 2.21%
TOTAL REVENUE
3,710,010 107,377 279,390 (3,430,620) 7.53%
FIRE FUND
DOCK FUND
MOUND HRA
WATER FUND
SEWER FUND
LIQUOR FUND
RECYCLING FUND
STORM WATER UTILITY
674,140 46,592 287,897 (386,243) 42.71%
115,900 (26,470) 110,125 (5,775) 95.02%
0 0 178 178 ERR
700,000 95,459 174,596 (525,404) 24.94%
'1,202,000 151,215 428,834 (773,166) 35.68%
2,400,000 153,651 589,914 (1,810,086) 24.58%
137,400 6,860 31,042 (106,358) 22.59%'
120,500 13,403 41,810 (78,690) 34.70%
05/12/2004
rev01
Gino
-1606-
CITY OF MOUND
BUDGET EXPENDITURES REPORT
April 2004
33.33%
GENERAL FUND
Council
Promotions
City Manager/Clerk
Elections
Finance
Assessing
Legal
City Hall Building & Srvcs
Computer
Police
Emergency Prepardeness
Planning/Inspections
Streets
Parks
Cemetery
Transfers
Cable TV
Contingencies
April 2004 YTD PERCENT
BUDGET EXPENSE EXPENSE VARIANCE EXPENDED
72 850
3.750
276.900
13.46O
234.070
79.300
135 580
124 270
29 900
1,301 340
7 130
367 880
701 130
351 820
9.610
256 690
50 D00
60,440
4,810
0
35,498
84
24,340
2
12,149
11 804
1 020
139 803
1 848
35 489
122 392
70 525
936
31,944
0
2,264
14,381 58,469 19.74%
3,750 0 100.00%
89,541 187,359 32.34%
1,098 12,362 8.16%
68,344 165,726 29.20%
5 79,295 0.01%
27,680 107,900 20.42%
60,570 63,700 48.74%
3,458 26,442 11.57%
434,619 866,721 33.40%
2,681 4,449 37.60%
117,653 250,227 31.98%
292,075 409,055 41.66%
166,962 184,858 47.46%
603 9,007 6.27%
127,776 128,914 49.78%
0 50,000 0.00%
3,545 56,895 5,87%
GENERAL FUND TOTAL 4,076,120
494,908 1,414,741 2,661,379 34.71%
Area Fire
Service Fund 638,140
Dock Fund 143,150
Capital Projects 0
TIF 1-2 0
Water Fund 687,240
Sewer Fund 1,201,940
Liquor Fund 559,800
Recycling Fund 167,680
Storm Water Utility 96,870
51,495 124,001 514,139 19.43%
5,607 26,873 116,277 18.77%
128,897 223,526 (223,526)
15,065 368,430 (368,430)
45,644 191,589 495,651 27.88%
95,543 352,498 849,442 29.33%
51,534 178,577 381,223 31.90%
22,333 51,438 116,242 30.68%
4,865 29,133 67,737 30.07%
Exp-02
05112~2004
Gino
- 1607-
bY itith tl{ AIEproyal or Ackttowledgrnen[
F0i' Uae 0f Gamblitig Funds I,rev ou iy 0 . O e l
Ot§~i~t~itl6~ Information (p~eese print)
EX~dltu~ D~ctlptlon (~.~ch additional Sheets If necessaW)
~. Amoun[ ot pro~ la~l put.se expenditure
2. Chec~ ~ ~Ppr~rlate ~xpenditure cation: ~.CH ~C~ / I
~. Cb~tri~ti0~ to ~ ~.ti ~ gov~m~.t - Unlied Slates, s~ate of Minnesota, or any of its subdivisions,
~cles, or inSt~menlalltles. NOTE:.~ contribution may not be made directly to a law enfor~ment or
pro~ecUtorlal agent, Such es a police dep~ent~ coun~ Sheriff, or ~un~ attorney.
~. ~ ~ilWlt~ manag~.t proJ~ ihat b~.~fit~ th~ p%llc ai iarg~ with approval of the sl~te a~ency thai
h~S ~uthorlty over t~.-~:-.
bb~crtb~ ihs proposed expenditure. Including vendors.
~ C. Gfo0r~jn~ ~,nd m&Jntalnlng snowmobile or all4erraln vehicle trails with approval by DNR.
All tr~tl~ must be Open to public use.
besCrlbe the proposed expenditure, including vendors.
O~Jh
* i ~ffirrn ~hat th~ contrlbuUon or expenditure, in accordance with Minnesota Rules 788t .0i20, Subpar[ 5O(i0), do~){
result in ~ny n~t monetary gain or other Pecuniary benefit to our organ zat on
, I affirm that wJ3en levvb]l gemb lng funds are Used for grooming and maintaining snowmobile or ail-terraln vehlcl~
or for any wJldlJf6 management Project for which reimbursement is received from ~i unit'of government, the reimbursb-
sent fugd~ust 5ed~ct in our lawful gambling account and rbcorded on the LGi010- Schedu e C/D report.
/gnle! executive oscars signature Phone number Yale .....
J gO~bi'Wfi~ tit 'APproVal/A~knOwiedgrne m
(Chbck onb) ~y ~J~n~tui-~ b&low, the representative of the unit of government:
__ ~ickn0WJb~J~6~ th6 contribution in 2A above, which will not be used for a pension or retirement fund.
~ 6bbr°vi~§ Jrt6 Wlldit~e m~nh~ement project as described In 2B above (state agency only).
.. ~ippmv~t~ iJi~ ~(Pendltur~ for grooming and malniatnlng Snowmobile and/or all4erraln vehicle trails described
Jrt '~C §~,~ (b~J~ onjy).
Unlt°J~G°V~drH~)h} C ~q L~ 0'~ ~'~C~ nd Phonenumberr~ -L/"~a
Kebp thi§ completed form aUached to the LG 1010 - Schedule CID tn your organization's records.
You do not need to submit this form to the Gambling Control Board.
This form will ~ made avaiiable in alter%live format (i.e. will become public Information, when requested by the Board,
lar~6 print, JBr~ll]~)upon reqUeSt, t,fyou use a TTY, call u~ and will be used to determtn~ your compliance wtth
by u~,in[j the ~Jnn{i~ot~i J:{elay Serwc~ and ask 1o place a rail MinneSOta statutes and niles governing lawful gambling
to 65i-63g-4000. The information requested on thL, r form activities. For additional information, check our web site at
www.gcb.state.mn.us
- 1608-
Hennepin County Assessor Department
A-2103 Government Center
Minneapolis, Minnesota 55487-0231
www.co.hennepin.mn.us
May l0,2004
Ms. Kandis Hanson, Administrator
City of Mound
5341 Maywood Road
Mound, MN 55364
Dear Kandis,
Re: 2004 Open Book Meeting
We have completed the 2004 Mound Open Book Meeting and subsequent review of
properties for those in attendance. I have enclosed a copy of the sign-in sheet for the Open
Book Meeting and a copy of our findings for those property parcels noted.
I have also included a listing of the contacts we made prior to Open Book meeting. If you
have any questions or concerns please contact our offices.
Very truly yours,
~A.M.A.
Senior Appraiser
Hennepin County Assessors Office
An Equal Opportunity Employer
- 1609-
Recycled Paper
1
2
3
4
5
6
Name
Mound Open Book Sign In Sheet
Wednesday May 5th~ 2004
Parcel Number Address
Phone
7
8
9
10
11
12
13
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3
-1610-
-1611-
· JjOPEN BOOK MEETING APPOINTMENTS
Wednesday 5/5/04 4:00-7:00pm
mease include Taxpayer's Name and Property Identification NUmber in the time slot.
.~ ....... :~&:EASE SG~EDUbE,~:,~ISEE;,#$;~ND~,4RS~
~j~qhl APPRAIS]ER #1, APPRAISER #2 APPRAISER #3
4:00 2-.4.'-'/17-'7--'4'- 13-.-bol I
4:20
4:40
5:00
5:20
'o.40
6:00
6:20
6:40
7:00
-1612-
-1613-
Hennepin County Assessor Department
A-2103 Government Center
Minneapolis, Minnesota $5487-0231
www.co.hennepin.mn.us
Date May 6, 2004
Mr. and Mrs. Robert Keil
6357 Sugar Mill Lane,
Mound, MN. 55364
Dear Robert and Kari;
Re: PID # 14-117-24-33-0063
As you requested at the 2004 Mound Open Book meeting, we have reviewed the
assessment on your real property located in the City of Mound
A review of the 2004 assessment of the above mentioned parcel has resulted in the
following deteImination.
Previous Estimated Market Value
Estimated Market Value Reduced To
$ 358,000
$ 339,O00
Our records are being adjusted accordingly.
Very truly yours,
Philip E. Jensen SAMA
Senior Appraiser
Hennepin County
An Equal Opportunity Employer - 1614- Recycled Paper
Hennepin County Assessor Department
A-2103 Government Center
Minneapolis, Minnesota 55487-0231
www. co.hennepin.mn.us
Date May 11, 2004
Mr. and Mrs. Gary Cogswell
2549 Emerald Dr.,
Mound, MN. 55364
Dear Gary and Laura;
Re: PID # 24-117-24-13-0011
As you requested at the 2004 Mound Open Book meeting, we have reviewed the
assessment on your real property located in the City of Mound
A review of the 2004 assessment of the above mentioned parcel has resulted in the
following determination.
Previous Estimated Market Value
Estimated Market Value Reduced To
$ 262,000
$ 255,000
Our records are being adjusted accordingly.
Philip
Senior Appraisei
Hennepin County
An Equal Opportunity Employer - 1 61 5 - Recycled Paper
diacoit
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~Theresa Sunde- tsunde~mediacomcc.com driven timer program also allows the
i customers to select and record their desired
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-1616-
DID YOU KNOW ...... - --
· That Mediacom was named one
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using cable content and new
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C-SPAN and Cable Television are
celebrating Twenty-Five Years of
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Included in the plans for this year is
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The contest will award cash prizes
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Page 1 of 4
Kandis Hanson
From:
To:
Sent:
Subject:
"Leah Weycker" <weyckerl@westonka.k12.mn.us>
"Leah Weycker" <weyckerl@westonka.k12.mn.us>
Thursday, May 20, 2004 11:03 AM
WHCC.5/26/04
**Westonka Healthy Community Collaborative
Wednesday, May 26, 2004**
12:00-1:30 PM
Gillespie Center
2590 Commerce Blvd. Mound
Any comments or questions, contact Leah Weycker, Collaborative
Coordinator,
at 952-491-8058 or ...W__e_.y__c~e_r!~.yv~_e_stQ~.,k!.2.~n_:__u~
1. Lunch 12:00
Feel free to bring your own bag lunch or join us for a light "free will
donation" lunch, suggested value $6.00.
2. Introductions
3. Additions or Changes to the Agenda / Minutes
4. Announcements
5. County wide priorities
We will review the priorities for Hennepin County and The Alliance for
Families and Children in Hennepin County. Grant funding, county spending
and service coordination will be focused on these priority areas.
6. Community Statement- What others are doing.
Amy Taggart will review some of the research she has done on developing
community based support for alcohol and chemical abuse.
"Example is not the main thing in influencing others. It is the only
thing."
- Albert Schweitzer
1875-1965
**Advisory Group Updates**
Health - Depression and Suicide Awareness Task Force
Sandy Olstad, Mary Goode, Jeanette Metz, Mark Brekke
Camp TOAD students £ound additi6nal funding from the VFW.
- 1618- 5/20/2004
Page 2 of 4
Ridgeview Hospital has agreed to give $7,500 to be-used for services at
the clinic for uninsured or under insured people. We will be working
with WeCAN to set up a method for allocating this service.
Youth Activities - Skate Park Task Force
Sandy Rauschendorfer-temp chair, Jean Ann Thayer, Kathy Jones, Kim
Erickson Heiar
The skate park bowl is done and the sidewalk around the park and the
sign are needed in order to open the park for use. We need volunteers to
finish the park!
We are picking students to do NYPUM, the summer mini bike program with
the YMCA. The word is out, many kids want to do the progam and it has
been very successful.
Parent Education
Sandy Wing, Sandy Olstad, Bill Erickson, Amy Taggart
The parent education group is designing a flier with information
related to parenting that may be mailed out to families in the Westonka
area.
Community
Margaret Holste, Carol Olson, Ginny Lozano, Jeanette Metz, Dena
Kuenzel
The Housing and Home Improvement Fair on May 4th, was well received but
very limited attendance. This may be a project that should be done with
other groups. The Community group will debrief about the housing fair.
Executive / Finance
Kim Heiar, Carol Olson, Margaret Holste, Sandy Wing, Sandy
Raushendorfer, Mary Hughes
The Executive group did not meet this month.
Alliance for Families and Children in Hennepin County
No new Alliance information.
** Westonka Healthy Community Collaborative
Minutes - April 28, 2004**
Present: Kim Erickson-Heiar, Carol Olson, Sandy Rauschendorfer, Sandy
Olstad, Amy Taggart, Johanna Eckman, Ginny Lozano, Sandy Wing, Dena
Kuenzel, Mary Goode, Mary Hughes, Elaine Lyman, JeanAnn Thayer, Laura
Lundberg, Kathy Jones, Jennifer Brown, Jennifer Wigton, Gloria
Lundberg-Jorgenson, Jessie Billiet, new Family Advocate for WeCAN, Leah
Weycker Guests: Jim Skyrms, West Metro Faith Communities in Action
1. After introductions were made, the minutes were tabled until it is
determined who made the motion to approve the budget at the last
meeting. There were no changes to today's agenda.
2. Announcements:
* Hennepin County is working on it's budget and would like citizen
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input. Leah shared a schedule including a hearing at the Ridgedale
Library on May 10, 2004 from 2- 4 p.m. for this purpose. -
* Sandy Olstad shared that the Ridgeview Hospital has designated $7,000
to cover medical costs for the underinsured or uninsured at area
clinics. The WHCC Health Advisory Group will determine how to spend and
handle the money.
* A $37,500 donation for the Skate Park may be in jeopardy so further
work on the Park is on hold since all the current funds have been spent.
There is a need for donated cement to finish up several projects. Kids
have been using it now, but they need to be told to come back when it's
done.
* Leah will be receiving the Volunteer Service Award from the Chamber
at their Awards Banquet on Thursday this week. Members of WHCC are
welcome to attend.
Way to go, Leah!!!!
* Flyers were shared for the Housing Fair the WHCC Community Advisory
Group is sponsoring on May 4, 2004 from 6:30 - 9:00 p.m. at the
Gillespie Center. Members were asked to help promote it.
* Dena announced that Presbyterian Homes is having its 10th annual
Alzheimer's Walk on Saturday, September 25, 2005, an event that raised
$6,000 last year. They also plan to have community groups build
scarecrows in the park for picture taking and a boutique with food.
* A huge crowd attended the 9th annual ECFE "Kid Stuff" sale on
4/17/04.
* Elaine Lyman, Hennepin County School Success Program, shared
information about the program which is geared to helping families,
schools, and communities support kid's success in school. She works
with three school districts including Westonka. She hopes to focus on a
community within our district, e.g. Mound, targeting families who are
transient or those who keep kids home to babyrsit. School staff offered
that she could attend the next Guidance Committee meeting to make
contacts with school staff.
* Gloria Lundberg-Jorgenson, from Hennepin County Human Services,
shared a draft of the reorganization of the department which collapses
six departments into one large one where staff are organized around
functions and services.
* Kathy Jones taught the chemical health brain information to the 10th
grade health classes today and commented that "they were awake the whole
time."
3. Update on Community Statement: There was an item in The Laker on
April 24, 2004. Thanks to Kathy Jones for writing the letter in our
name. The next step will be crafting an article for The Laker asking
for feedback about the statement.
4. Jim Skyrms, West Metro Faith Communities in Action (WMFCA):
Jim shared information about the group which provides advocacy for
legislative and policy change affecting western Hennepin County. The
group encourages citizens to vote, become informed and have their voices
heard. They promote lively and thoughtful conversation about public
policy based on a vision of what the state ought to be like, including
health care, education, affordable housing, transportation, and decent
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wages. The group supports economic growth and social justice and
increasing citizen participation in the process. He shared that -
emergency action is needed now regarding State cuts in childcare
subsidies which resulted in 1300 families being dropped from the program
with many others being on the waiting list for lack of funding. This
change dropped MN from 4th in the nation to 31 st. WMFCA is advocating
that the Legislature fully fund those who are eligible, restore the
funding cuts ($86 million), and assure that every child in MN get high
quality child care. Jim also shared information about the MN Children's
Health Security Act which would solve the problem of 60,000 - 70,000
children being uninsured in MN. Although there is no expectation that
this bill would pass this legislative session, it is hoped that it would
encourage thoughtful discussion and activate supporters. Jim shared
postcards giving us a variety of ways to become involved in the work of
WMFCA.
Margaret moved, seconded by Carol, that the meeting be adjourned.
Motion passed unanimously.
Margaret Holste, Recorder
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